102 100 60591 https://digital.lib.buffalo.edu/files/original/9ab5946e39cdaaf7731d221a4b59956a.pdf 2527c5accb26e254f375ed28eea34cc0 PDF Text Text THE OPINION Nov. 30,1982 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW Vol. 23:6 BALSA AND HANALSA Sponsor Annual 'Law Day' by Vivian McWatt On Saturday November 6, 1982, the Black American Law Students Association (BALSA), in conjunction with the Hispanic, Asian and Native American Law Students Association (HANALSA) sponsored ÜB's annual Law Day. BALSA and HANALSA are organizations consisting of BALSA Community Liaison Dewette Aughtry with Dean Headrick on Law day panel. photo by Gary Games Environmental Vice Squad UB Crad Goes After Hooker by Lisa Kandel Heights Property Owners Association and County Niagara Falls Attorney Lewis Steele is currently working on two law-suits against Hooker Chemical. The 1980 University of Buffalo Law School graduate has his own legal practice in which he concentrates on public interest law, especially environmental issues. One of the suits against Hooker which Steele is pursu- ing concerns the Hyde Park Landfill Agreement which was reached between the government. Hooker, and affected residents. Although Judge Curtin, United States District court for the Western District of New York, rejected Steele's motion on behalf of College Citizens Alliance to block the settlement agreement, he did grant their motion to intervene. According to Steele, this right to intervene is very significant because "for the next 35 years [these] people will have a role to play in the implementation of the agreement." In addition, a class action suit for $100 million for com- pensatory relief and punitive damages was filed on behalf of all those affected by the landfill. In view of Judge Curtin's prior decision of preventing the alteration of the settlement agreement, Steele is not overly optimistic about the outcome of this suit. Rape Laws Pending by Anna Marie Richmond for A.W.L.S. It is legally impossible for a husband to rape his wife in New York. The N.Y. criminal .law of rape defines a "female" as a women "who is not married to the actor." "Not married" can include separated spouses only if there is a court order, decree, or a written agreement signed by the parties "specifically indicating that the actor may be guilty 0f...a crime for engaging in conduct...proscribed by this article." (New York Penal Law subdiv.2.) In recognition of the importance of the issue of marital rape and sexual abuse, the Association of Women Law Students is sponsoring a letterwriting campaign on the bills. The other suit against Hooker which Steele is litigating concerns the contamination of Niagara Falls drinking* water. Hooker operates a four-acre landfill located within 200 yards of the city's water filtration plant. Steele is representing a Niagara Falb citizens group in this $1 billion suit. The complaint accuses Hooker of negligence, trespass, assault, battery, engaging in ultrahazardous activity, and causing mental stress. Because federal and state government suits are already pending against Hooker regarding this same issue, Steele is trying to get the federal court to allow the group he represents to enter as a third party. Because no settlement has been reached between Hooker and the government, Steele is optimistic about the court allowing his clients to intervene. Niagara Falls citizens cannot depend on the government to protect their interests, Steele said. According to Steele.the legal system is structured and financed so that defendants have all the necessary resources. As a public interest lawyer, Steele is primarily concerned with people and organizations that don't have alot of money. "It is phenomenally expensive for one to have one's say in court," he said. "It takes more Wednesday, Dec. 1, A.W.L.S. volunteers will staff a table in front of the Library, providing writing materials, information on the three bills and suggested letter wording(for those who don't feel creative). We urge you to take a few minutes to pen your views to the State Legislature on this issue. money to access the system," Postage will be paid by he continued. The legal system §130.00 subdiv.4) won't necessarily protect those Three bills which aim to A.W.L.S. Other A.W.L.S. projects for without money. "If you don't remedy this situation are pending in the New York State the coming semester include: have money, you'll lose," he Legislature. A.5716 would seminars for careers for added. Because of this inevitable make rape a crime when the women in the law, lobbying for parties are married but living women's rights at the Women imbalance between the parapart without legal separation. and the Law Conference in ties, the law school can and Washington, D.C., and the im- should act to funnel resources A.5717-A would make agproper sexist interview ques- in the direction of public insexual assault a gravated terest law, Steele said. The law crime regardless of the parties' tionnaire project (questionCareer in naires are available would school represents a communistatus. A.5534-B marital repeal the definition of Planning and the A.W.L.S. of- ty of knowledge. Ifto this "female" in NYPL §130.00 sub- fice). Meetings are alternate knowledge wee applied pardiv.4. It also removes the Thursdays at 1:30 p.m. in Room ticular problems, it could have next scheduled a very significant effect. marital exemption from the 10, (the 12/2) and are open definition of deviate sexual meeting is continued on page 5 to interested students. all §130.00 (NYPL intercourse." -i, ; i i ■ i*-i r i■* l 2 _* - j students dedicated to the study of law. The respective and collective goals of these two organizations are not only the enlightenment and advancement of their respective peoples, but of the Law School and Buffalo communities as well. They are organizations dedicated not only to ethnic and minority identification but also to assimilation into the law school. The title and theme of their conference was "Steps Toward Equal Justice." In keeping with that theme, the two organizations attempted to present the Buffalo community with an aspect of the law which might be unfamiliar to many: how City of Buffalo. To facilitate this end, there was a community workshop. The speakers were Judge Trammel and Buffalo Law School professors Alan Freeman and Charles Carr. The topics discussed were the impact of criminal procedure on minorities and landlord-tenant law. Next on the agenda was the "Coping With Law School and Maintaining Identity as a Minority Professional" workshop. Since this is a very broad subject the workshop was divided into two parts. The first part concerned coping with law school and was presented by participants Rodriguez, Carr, Assistant Dean Vivian Garcia, and students John H.Faria, Jr. and Ron Osson. This workshop was geared to the beginning law student. Basically it consisted of veterans and near-veterans of that horrifying experience called "Law School" telling the neophytes that with diligence and perseverance they can make it. The panel itself was the law affects minorities to- living proof that there is inday. The Law Day participants deed life after law school and attempted to discuss law in a that it is a survivable expositive light, both as a career perience. The second part of the "Copobjective, and as an integral part of our society. ing" workshop was called BALSA and HANALSA were "Maintaining an Identity as a especially pleased with this Minority Professional." The Law Day because it featured distinguished speakers were the participation of many suc- Ms. Sconiers, Mr. Figueroa, cesful minority professionals and Dr. Robert Palmer, Direcwho graduated from this in- tor of the Equal Opportunity stitution. Among them were Program and acting ViceJudge Wilbert Trammel of the President at ÜB. Ms. Sconiers Buffalo City Court; Rose was a big hit. She discussed being female as well as a black in Sconiers, Esq., Executive Director for the Legal Aid Society of the legal profession, and she Buffalo; Carlos Rodriguez, encouraged all those who had Esq., Public Defender, City of feelings of insecurity based on Rochester; and Raul Figueroa, race or sex with her very Esq., Assistant United States positive attitude, exemplified Attorney for Buffalo. by her statement, "I'm a lawyer As this year's symposium who happens to be female and was aimed at a very diverseaublack." Mr. Figueroa talked of his dience, an attempt was made to provide a workshop which being a Latino lawyer and the would appeal to anyone will- problems he has encountered ing to attend. Since the focus as a result. That theme was of HANALSA and BALSA is echoed by Dr. Palmer's discusschool, the program was sion of being a school adoriented towards law students. ministrator. The main message gleaned But the two organizations also focused much attention upon from their respective and colthe minority community in the continued on page 5 . HANALSA Travelers, from I to r Anthony Craziani, Faria, Camelo Batista. See Story page 6. lohn �Letter to the Editor Tuesday, November 30,1982 Vol. 23, No. 6 Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank News Editor: Feature Editor: Ray Stilwell Mary Ellen Berger Gary Games Photo Editor: Arts Editor: John Stegmayer Frank Bolz Business Manager: Staff: Wendy Anne Cohen, Lisa Kandel, Michael McGorry, Jud Weiksnar Contributors: Carmelo Batista, Jr., John H. Faria, Jr., Joel Gorinsky, Vivian McWatt, Anna Marie Richmond, Wendra St. Claire. © Copyright 1982, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. From the Editors Exams and Honesty The two memoranda issued to UB Law students the second week of November ("Examination Procedures and Policies" and "Policy on Academic Honesty and Examinations"] reveal a contradictory administration policy on student honesty: on the one hand we are placed on an honor system which demands that we exercise considerable good judgment and maturity when taking our exams by swearing to refrain from all forms of collaboration. At the same time thedeans have issued strict procedures and guidelines to be followed by students who wish to reschedule examinations. According to the recent epistles, it is only under exceptional conditions that students will be permitted to reschedule examinations to more convenient and less burdensome times. We find it odd that an administration which extends to students the higher responsibilities inherent in taking an oathof honesty byremoving proctors at exams and by continuing theold (but not scandal-free) policy of permitting take-home examinations, should at the same time hold so stubbornly to its prearranged testing calendar. It gives credence to the assertion that the exam schedule is being used to rectify registration imbalances caused by inadequate course selection. (See Letter to the Editor] Putting aside the absurdity of the administration's position that students whofind their examination schedule oppressive have no right to complain because they had notice of theschedulewhen they registered, we believe that the administration's intransigence and inflexibility on this matter flies in the face of the trust exhibited by the implementation of a more expansive honor system, and renders hypocritical their professed commitment to higher standards of academic honesty. If UB were actually operating under an honor system, the rescheduling of examinations would not even be an issue. Under a true honor code, we, as responsible and trustworthy adults would be expected to arrange our own exam schedules. The examination period would operate by the use of "floater" exams which have been a preferred testing mode of many professors in the past. During the two week exam period, students could choose when they wanted to take each exam, basing their choice upon a configuration or school, work, and family responsibilities. One might argue that such a system is too unstructured, cumbersome, and impracticable, placing too much strain on A&R; we don't agree with such an assessment because students could be required to submit their chosen examination schedules to the registrar at some time well before finals are scheduled to begin. In any event, some procedures could be arranged which would satisfactorily enable each student to use his or her own best judgment in arranging an exam timetable. The most likely objection to such an arrangement would be that such a system would lead to rampant cheating, plagiarism, and collaboration. If such an assessment is true, then it reflects poorly on both UB law students and the legal profession as a whole. If the reason for not opening exam scheduling to a bona fide honor system is reserved mistrust of the students, then the present policy is a patronizing sham, designed merely to create the impression that we are expected to operate under an internal code of trustworthiness and honesty, but in fact denying us the opportunity to perform under our own standards of right and wrong. Perhaps the Buffalo Model should incorporate a genuine code of honor into its fabric. Higher standards ofethics and honesty in the legal profession will only emerge when every attorney possesses an internal commitment to a higher level of professional and moral responsibility. If we haven't adopted a commitment to honesty while we're in law school, then we can hardly be expected to exhibit a different standard when we're practicing professionals. If student dishonesty makes an exam system such as we propose truly unworkable, then it is a poor reflection on our future profession and renders our Code of Professional Responsibility little more than a gloss designed to appease a rightfully cynical public. And it reveals the great failure of our legal education (and the Buffalo Model!) for not finding ways tq impart higher levels of trust and,r\onor onto thestudents of this institution. 2 | • Opinion , . . , .November »0,/1982 New Exam Policy Is Ridiculous students want. The sanctity of the Buffalo Model must be Once again the law school preserved. The dean has suggested that administration has exhibited its total lack of concern for the he has no control over scheduling, saying in effect, the proneeds of the students. Recently-disseminated exam fessors teach what they want, guidelines include an in- when they want to. To the Editor: teresting requirement for students to meet before they can reschedule an Really? Do the professors really refuse to teach larger sections? Or more than one section of a given course? Do they, really refuse to teach either M-W-F or T-Th? Or to meet at the same time every day? The impression one is left with is that the law school, the "Buffalo Model," exists for its own sake. The students are secondary at best. Somewhere along the line someone has lost sight of the fact that the school exists to teach the students how to be lawyers. In some ways, for example, the clinic, it does this very well. But of course, access to the clinic is limited. exam. Students who have two exams on one day, or exams on three consecutive days are required to include in their request to reschedule a "cogent" . justification for having taken the courses they did in view of the''fact they knew ahead of time that they would have exam schedule conflicts. Requiring students to justify their course selection is simply ridiculous. Such a requirement will presumably reduce the number of rescheduled exams and thereby reduce the inconvenience to the administration. But the fact that this will also result in an extreme burden on some students is apparently of little concern to the administration. Is it too much to assume that once the students have paid their tuition they can take whatever courses are offered? Why should we be manipulated into taking some courses and not others because of an exam schedule over which we have no control? No one denies that the rescheduling of individual exams creates problems for all concerned. Why, however, must the solution to the problem come at the expense of the students? This lack of concern for the students should come as no surprise to veterans of the registration wars. Students are forced into courses they don't want or don't need. This is so because of the limited availability of courses which we apparently do want and do need. Limited availability is a result of several factors: the number of sections of the particular course, the number of students per section, and the days and times at which the course is offered. When the administration sees, as it surely must, that the demand for certain subjects outstrips the supply, why doesn't it simply increase the supply (i.e., more sections or The prime motivation of the administration seems to be a desire to establish U/B as something of a "national law school." Why? As a result, instead of getting the type of education that will best help us to be good lawyers, we are being subjected to an ad- ministration that is doing nothing more than trying to create an image. Unfortunately, it may be an image without substance. Mike Kanaley Coming U*s HtrrHiMCr to ShutAnooT Financial Aid Deadlines Nearing Students interested in applying for National Direct Student Loans (NDSL) or Work-Study for the 1983-84 school year (including the summer of 1983) must sub- mit applications in January. TWO applications are (FAA) published by the SUNYAB Financial Aid Office. Must be received at the Financial Aid Office on Main Street before Feb. 28,1983. Every year students are disqualified from receiving aid merely because their ap1. Financial Aid Form (FAF) plication was a day or two published by the College late. Don't be caught this necessary: Scholarship Service. Must be signed and dated by you NO EARLIER than Jan. 1,1983 and received by CSS in Princeton NO LATER than Jan. 31,1983. You should return from Christmas vacation with sufficient information to complete the form based on an estimate of your 1982 tax return. If you are dependent on your parents, they must also sign the FAF. bigger classes)? Cynics among us would sug- gest that the administration 2. Financial Aid Application simply doesn't care what the year. Applications should be available beginning Dec. 15 at Admissions and Records in O'Brian, or from the Financial Aid Office on Main Street. NOTE: This early deadline only applies to NDSL and Work-Study applications. TAP, SUSTA, and Guaranteed Student Loan applications for 1983-84 will be available late in the Spring Semester. Film Review Stallone Again, Naturally by John Stegmayer tempts to pass through. It and supplies many of the film's seems that Stallone's character best moments. is a war hero, the last surviving GRADE: Q member of an elite Green Beret unit. Crazed with memories of the war, and em- First Blood "First Blood" is not a great movie. It does not pretend or try to be. It is an action film with a fair amount of violence, but it is good at what it does. What it does is provide alot of excitement, with superb chases, excellent stunts and bittered by his treatment by Americans on his return, he more than holds his own in what escalates to a war against the local police and eventually the National Guard. Brian Dennehy, one of the some subtle, often macabre humour. There may even be a message for the enlightened most underrated Valedictory What could be worse than listening to Mark Reisman speak at our graduation? PLEASE...save us from him! Any noble volunteers for class speaker, please leave your of name and mailbox no. in mailbox no. 678. Outlines will viewer/ requested later. Remember: Sylvester Stallone is the mance as the sheriff whose be you'll be doing all of us a favor He draw. portrays a Vietnam slightly warped sense of duty veteran who is harassed and , lights the fuse for Stallone's by saving us from M.R. goaded, jnto violence by the. rampage. The, personal feud good 'pie,, boy ,police of a I which builds between the two THE 1983 COMMENCEMENT ■ sleepy Northwest town he at- men is believably developed COMMITTEE Hollywood's character actors, turns in a credible perfor- , • . �Prosecutors' Unfettered Discretion by Francis). Flaherty secutor is an American anomaly. The acts of most other Editor's Note: Francis I Flaher- public officials are subject to ty is a 1981 graduate of Harvard review by someone else. The Law School and a former exdecisions of a trial judge can ecutive editor ot the Harvard be appealed to a higher court. Civil Rights-Civil Liberties Law Laws passed by legislators Review. His reportage and must be signed by the Presicommentary have appeared in dent, a governor, a mayor. Harper's, Commonwealth, the Laws passed by a legislature Hudson Review, and other and signed by an executive are publications. This article first subject to court review for appeared in The Progressive, constitutional defects, as are August 1982. the decisions of most government administrators. It was 1927, the height of In all but the most excepProhibition. The owners of tional cases, however, no such several American shipping checks restrain the prosecutor. fleets were shivering their If you are the victim of an timbers with rage. Loaded with assault, there is almost nothing liquor,"British passenger ships you can do to force the district of the Cunard Line were cruis- attorney to bring your attacker ing into New York Harbor, to trial. If the district attorney picking up thirsty American prosecutes you and no one vacationers and, once outside else for playing penny-ante territorial waters, serving them poker, or for setting up house drinks. The practice was an with your lover, or for attemparguable violation of the ting suicide, there is no higher Volstead Act; it also had authority, as a rule, to which devastating effects on the pro- you can turn for redress or fits of the American cruise-ship satisfaction' If the prosecutor trade. The American ship- concentrates on blue-collar owners sued, asking a Federal crimes and leaves the whitecourt to compel the United collar criminals alone, there is States Attorney in Manhattan hardly any way to make sure to investigate and prosecute the law will be enforced more the British shipowners. With no evenhandedly. hesitation, the court refused: How did all this power col"[This court] has no jurisdic- lect in one official? The tion over the prosecution or answers are historical, the pardon of crimes and logistical, and legislative. . — — . misdemeanors." American prosecutors are the It was 1973, two years after institutional offspring of the the Attica prison revolt. English Attorney General, who Several inmates filed fairly per- traditionally enjoyed some Burgeoning suasive claims that, either discretion. before, during, or after the criminal codes have played a riots, they were subjected to role in the growth of pro"cruel and inhuman treat- secutorial power, tbd: 'America ment," that state officers has so many" crimihaMaws that, "assaulted and beat prisoners" as Attorney General Robert H. and "intentionally killed some Jackson once observed, "A of the inmate victims without prosecutor stands a fair provocation," and that chance of finding at least a "medical assistance was technical violation of some act maliciously denied to over 400 on the part of almost inmates." When the prisoners everyone." Because many of asked a Federal court to com- these state and Federal laws pel the Federal prosecutor to are vague, the prosecutor also press for indictments, they has the power, in many infared no better than the stances, to define their scope. "The American prosecutor occupies the 'black hole' of the criminal justice system/ wealthy shipowners of the Prohibition Era. The court approvingly quoted a 1965 case: "The courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions." And so it has been for more than two hundred years. prosecutors, American whether Federal, state, or local, have the powej- to decide which cases toy prosecute, what chargesTo bring, when to plea-bargain, what sentence to recommend to the court. Neither courts npr legislatures nor the prosecutors' superiors regularly supervise these decisions. Although constrained by a need to get along with the police, the courts, the press, and the public, the American prosecutor occupies the "black hole" of the criminal justice system, in the words of University of Chicago law professor Franklin Zimring. However labeled, the pro- Neither compendious penal codes nor vague laws preclude control of the prosecutor by other authorities — theoretically. As it happens, though' there simply is no such control. Both the Department of justice and its state counterparts preside over peculiarly balkanized prosecutorial systems which effectively give Federal and state prosecutors carte blanche to enshrine their own versions of the public interest. "More than 99 per cent of decisions by United States Attorneys are in fact unreviewed by anyone in the Justice Department," claims Kenneth Gulp Davis, professor of law at Stanford University. State and local prosecutors have even more autonomy. But the most enduring source of prosecutorial freedom of action is the disparity between actual prosecutorial budgets and the funds needed for full enforcement of the laws. With thousands' bf potential prosecutions and only a handful of attorneys, the typical American prosecutor must, willy-nilly, decide which crimes or categories of crimes to go after. " I have sixty lawyers to prosecute criminal cases in a district of seven and a half million people," says Edward Korman, United States Attorney for the Eastern District of New York. "That's not a big enough office even were I to devote myself solely bank prosecuting to Leads To Abuse discriminate prosecutorial power, recently asserted in the Harvard Law Review that such broad discreatibn "is both inconsistent with the fair and ef- clubhouse of a fraternal organization, an anonymous assistant prosecutor who declined a felony prosecution said that "because of the caliber of the men involved, the complaint should be for a misdemeanor." The sex of suspects, as well as their "caliber," also sways justify it." Prosecutors customers. Seldom, however, often refused to pursue whites the different prosecutorial of politically popular and politically unpopular defendants: "While former government officials resign rather than face trial, American Indians are placed under Federal indictment for stealing a bag of groceries during the government siege of Wounded Knee." Douglas was prophetic: Three years later, Vice President Spiro Agnew was permitted to plead nocontest to a handful of serious charges, while some South Dakota Indians were tried for the hefty crime of theft of beadwork from a reservation. Race, wealh, social prominence, political clout: None of these .should dictate the decision not to charge a suspect with a crime, but it is unsurprising that they often do. "The power to be lenient," Professor Davis has written, "is the power to discriminate." But leniency toward favored suspects is only half the problem, the critics say. Far more damaging, at least to those at the wrong end of an indictment, is aggressive prosecution of unpopular persons. In the years since the first American prosecutor took office in Connecticut in 1704,the power to charge has been misused in a chilling variety of ways. In New York City in 1964, a new trial was ordered for a woman accused of housing violations when it seemed that her prosecution was in revenge for her exposure of corruption in the Department of Buildings. In Hawaii in 1970, William Steele, one of many protest the unbridled discretion of America's public attorneys. James Vorenberg, dean of Harvard Law School and a longtime critic of in- fective administration of prosecutors. Many prostitution justice and unnecessary to laws criminalize the behavior serve the purposes offered to of both prostitutes and their themselves predictably are "Johns" prosecuted under disagree: "There's no better these laws. Ten years ago the system I can see than the prepolice in Washington, D.C, sent one," says John Martin. using policewomen posing as "The discretion has to rest hookers, began a drive to arsomewhere. You or I can be rest Johns. The program was driving down the highway at quickly abandoned. Although seventy miles an hour and city law enforcement officials someone has to decide said it proved to be more effiwhether to prosecute." cient to charge only the proCritics agree. They claim, stitutes and not their many country. "In some cases we however, that the prosecutor's customers, one Washington don't believe we have a strong discretionary power should be judge had a different view: enough case to get a convicmore tightly structured and "They were getting complaints tion, and devoting our subject to review. History is about locking up the good resources would just be a rich enough with abuses to fellows from the suburbs." waste of time. In other cases, Politics may also save an ofjustify such curbs, the critics the local interest seems say. During the most volatile fender. In a 1970 Supreme Court opinion, the late Justice stronger than the Federal in- years of the civil rights moveterest, and so we let the local ment, Southern prosecutors William O. Douglas stressed robberies." How does a prosecutor make these hard choices? Most decisions rest on sensible grounds. "We decline to prosecute cases for a variety of reasons," says John Martin Jr., the United States Attorney for the Southern District of New York, with 111 lawyers the largest Federal office in the prosecutors handle it. Other times, psychiatric treatment seems more in order for the defendant than a criminal trial." Prosecutors may also pass up cases where the money or contraband involved is small; in organized crime or con- spiracy cases, prosecution of petty criminals is often ruled out if they agree to become inor formers otherwise cooperate with the government. The defendant's record, the attitude of the victim, the likelihood however strong the evidence that a jury will acquit, and stray consider tions such as the availability of prison space may shape a prosecutor's decision. Prosecutions may even be brought out of sympathy for — — the offender. A venerable winter rite in all northern cities is the migration of vagrants into police headquarters, where they beg to be charged with drunk and disorderly conduct. A conviction means a warm bed and hot food for a few days to ward off the winter cold. Sometimes, prosecutors enforce laws purely in line with their own sense of what the law means. Statutory rape legally defined as consensual sexual intercourse with an underaged female is a good example. Many prosecutors (and non-lawyers) believe the point of the law is to punish exploitation of young girls by adult men; nevertheless, intercourse between an eighteenyear-old male and a seventeenyear-old female is technically a statutory rape in many states. True to their reading of the law, however, many prosecutors refuse to try cases where the male and female are close in age. — — All this seems reasonable enough. Prosecutors seem merely to be harried administrators trying to get the maximum bang from their limited budgets. But they have the power to be unreasonable, downright and even discriminatory, if they wish, ahd it is that possibility which leads many, legal scholars to who beat up and terrorized blacks; conversely, civil rights workers were frequently prosecuted on the flimsiest of pretexts. At the height of the movement in 1965, eight civil rights workers appealed to a Federal court to force prosecution of Mississippi officials who, the activists claimed, had beaten and intimidated them. Skelly Wright, then as now one of the most liberal Federal judges, sympathized but sadly observed that his hands were tied: "It seems more than passing strange, to me at least, that in some parts of this country citizens exercising their First Amendment rights... are ar-. rested and convicted by the hundreds, while perpetrators of innumerable church bombings and burnings, kidnappings, beatings, maimings and murders of Negroes and civil rights workers are not prosecuted. But I agree that an investigation as to the adequacy, or the execution, of these laws is not a matter within the jurisdiction of thejudicial branch of this Government." Nor are the racist prosecutors found only in the South. Frank W. Miller, the author of a study of prosecutors published by the American Bar Foundation, described how Detroit prosecutors decided whether or not to bring charges in morals .. cases: "One assistant prosecutor in Detroit expressed the belief that the moral code among the Negro subgroup was so low that if all such offenses were prosecuted the courts would be overloaded. The case that prompted this statement concerned cohabitation with a twenty-year-old girl. The assistant indicated that the charging decision would have been different if white persons had been involved." Wealth and social standing can affect the decision to charge. In explaining to Miller his disposition of a case involving "gambling equipment and an indecent floor show" in the treatment people who has refused to fill out census forms, was singled out for prosecution solely because, as a vocal member of a census-resistance movement, he was exercising his First Amendment right to be heard on public issues. But it was opposition to the war in Vietnam and the prosecutions issuing from it that best show how selective the power to prosecute can be. Scores of draft resisters and anti-war demonstrators were hauled into court, often on attenuated grounds, such as continued on page 5 November 30, 1982 Opinion 3 �Mooters Model Briefs In Sartorial Splendor by Wendra St. Claire Nattily attired in blue pinstriped suits signifying sym- bolic identification with their imprisoned client, William Hochul and Timothy Prosperi struck a note of sartorial splendor as they triumphed in the finals of the Desmond Moot Court Competition last Saturday. Mr. Hochul explained that as counselor for the Petitioner, He and Mr. Prosperi wore suits designed to remind the judges that "Mr. Harper wears pinstripes of a different sortthe type he will have to wear for a lifetime." Mr. Prosperi completed his ensemble with a white shirt, blue striped tie, and circular black-onyx tieclasp. Mr Hochul sported a red pattern tie and gold tieclasp. His dark suit was accented by a red silk handkerchief which peeped out from his front right pocket Representing the State of Ashland in the final round, counsel for Respondents was garbed in grey. Miss Cherie Peterson wore a flared jacket, red blouse, and slit skirt, while Miss Magalie Richter was adorned in a three piece suit, white blouse, and matching grey hose. Co-counsel for Respondents both opted for classic black pumps with tradi- tional stilleto heels. Charles Desmond served as chief judge, arrayed in a grey suit and blue shirt. Judge Jasen was also clad in grey, while Judge Headrick wore blue. Judge Olsen light beige, and Judge Denman black. The first of two semi-final rounds on the preceding evening also proved to be a classic confrontation between blue and grey. Grey carried the day, however, as the panel chose Miss Peterson and Miss Richter to go on to the finals in an extremely close decision. Representing Harper at the event, Miss Karen Vampotic and Miss Amy Goldstein both wore dark blue suits. Miss Vampotic selected a white blouse with a bow front and low-heeled pumps to wear with her simple tailored suit. Miss Goldstein's suit featured a double-breasted jacket, and she wore a cameo pin attached to the high neck of her blouse. In the judges category, it can truly be said that Judge Mazzela shown the others down. She was simply stunning in a basic black "After-Five" dress, strappy black sandals, pearl drop earrings, with a single strand of pearls clasped around her neck. After the panel had announced its decision, she re-appeared in-a short black sable jacket that bereft W 55 1 |*l Is* !____■ __H___P ACROSS Cooking Vessels Digit 13. 14. 15. 18. Hurried Prefix with Ton Book by 26 Down Esau to Issac 19. Chose 20. 21. 22. 23. 24. 28. 31. 32. 33. Astrological Sign Elem. Tin Thoroughfare (abbr.) Deg. in Rel. Studies Type of Basket Some Middle Easterners More Uncomfortable 1. 2. Quiets Maryland 34. Humble 35. As In (abbr.) 36. In the Manner Described 38. Who, ? nt 4 Opinion ■ 3. 4. 5. 6. 7. 8. 9. . DOWN Margarine Comparative Conjunction Ceaser Beginning I Love (Lat.) Like Poe's Heart 10. Stare November 30,1982 Tap To be Sure of Victory 26. Whodunit Author 27. Symbolic of Chromium 28. The New Age 29. Oil Containers (abbr.) 30. Concorde 32. Purple Heart for One (abbr.) 36. Above (Lat.) 37. Sheathing Plant Part 39. Encourage 40. Ancient Harp 41. One of the Fort. 500 43. 44. 45. 47. 48. Desires ■■■ Currencies Flame Fighting Gp. Long Billed Wading Bird Woman in White 42. Jr. Counselors Snag t i I fi • Ebb At Another Time Like a Certain Young Duck Provide an Edge Tease ;:: Buffalo bands-they have such a huge market in New York that they're bound to attract a following if they have some kind of gimmick. The Psychedelic Furs added a new saxophonist, cellist, and keyboard player for their tour of North America. Unfortunately, the sound in Clark Gym was so atrocious that they could have added the New York Symphony and nobody would've noticed. Did you ever wonder why people would choose one stereo over another because it has .001 less distortion, then go to a concert where they can't make out a single word or distinguish an instrument? The Furs picked up steam midway through their set with their two most popular songs, "Pretty in Pink" and "Love My Way." Perhaps significantly, the fewer instruments on stage, the better the music moved. I'm sure the Furs would've sounded great in Kleinhans Music Hall or even Shea's. The Furs performance was reminiscent of the Talking Heads' "Remain In Light" tour-the same sounds that add depth to the music in the studio just weigh it down on stage if they're distorted to the point of inaudibility. Distortion or no distortion, the Furs succumbed to subdued yet relentless applause for an encore. Political Party Guide 11. Rochester Hospital 16. 17. 21. 23. 24. 25. to be a little more narrow than and the Bush Tetras can afford An old pollwatcher's formula I |5y Natural Soil Aggregates sir 3© IP* 39. Haig and Hirt 41. Designer 43. Greek Letter 46. of My Thumb (by 26 down) 49. Canal 50. Moisten or Soak 51. Object of Worship 52. Swarm 53. Cindery Lavas 54. Withhold .- 12. Pertaining to Grades 1-12 dance. Our Daughter's Wedding did not get a great reception from the audience. They share the trait of many New York City New Wave Bandsthey're afraid to throw in a melody. Heaven forbid if you might find yourself humming it in the shower. We wouldn't want that would we? Perhaps bands such as Our Daughter's Wedding, The Catholic Girls, _i_HHi 5 ** I |5$ g I// "" 'TBF ll* »*» Minute Particle w ■*» a* a*. 5 1. 5. 8. |t R |/o Ba — Bh is has unique instrumentation for a four-man group: two synthesizers and two drum sets. Uniqueness quickly turned to monotony, however, despite the exhortations of the band for people to get up and byClenn Frank |a~~|s RT~B Wf I* |7 while Miss Cindy Foote chose a jacket and skirt in a blue and white checkered pattern. Miss Susan Nusbaum's grey suit was beautifully accented by a redpatterned silk bow tie, spiffily contrasting with co-counsel Judith Gerber's dark grey pinstriped outfit. Mr. Kevin Tripi also chose pinstripes, alternating between a blueand grey suit, while co-counsel Mary Izidor wore tweed. Miss Jill Raskin's slit skirt caught the judges attention, as did Mary Gehl's colorful red suit. Daughters And Furs Our Daughter's Wedding CrOSSWOrd i his to take this reporter of speech (Admit- week tedly, a feat). Also judging the measurements. Mr. Klein has vowed to do whatever possible first semi-final round was Linda Koening in a black suit and to bring such a rich patron into maroon blouse, and Vincent fashion. Doyle in a grey suit, white shirt Fashion Notes: and red tie. The second semi-final round Co-counsel Miss Vicki featured the aforementioned team of Hochul and Prosperi in O'Reilly and Mr. Jose Rios blue pinstripes, before a panel complemented each other well of judges all dressed in grey. in dark blue, Miss O'Reilly's Representing the state on this suit featuring thin white auspicious occasion, Miss pinstripes. Mr. Tom Bantle was also resplendent in dark blue, Mary Ellen Berger was charma a cream sans matching handkerchief, ing in plaid suit and colored blouse which featured New Waves ruffled cuffs. Miss Barbara Barton was tres chic in a muted olive green wool suit and a by Jud Weiksnar delicate crepe de chine blouse (a nice contrast to the of white potential to be charcoal grey and ice blue she a What had the two Sunconcert spectacular earlier the comin had sported at Clark Gym didn't days ago petition.) as 10,000 Maniacs, As Mr. Harper remains in quite gel, Daughter's Wedding, and Our solitary, moi was unable to the Psychedelic Furs fell victim ascertain precisely what apto time limitations, attention parel he was wearing on Saturday when he learned that the span, and acoustics. Anyone who has seen 10,000 pending state prosecution Maniacs perform before could him enjoined, had been against being rushed. As they tell were and a damages award in the outrageous sum of $500,000 low band on the totem pole, restored. While some com- they were limited toa a 20 petitors have speculated that minute set and denied sound Mr. Harper will never become check. Despite being forced to truly chic as he suffers from play shortened versions of tardive dykinesia, this reporter their most upbeat material, were has learned that Calvin Klein they came off wellforand a well received warmvery visited Harper in solitary last up band. . Editor's Note: Source: Congres- cians and entertainers. sional Record, Oct 1,1974 Republican children are namInserted by Rep. Craig Hosmer ed after their parents or grand(RjCal.) parents, depending on where the money is. Although to the casual glance Republicans and Democrats Republicans study the finanmay appear to be almost in- cial pages of the newspaper. distinguishable, here are some Democrats put them in the hints which should result in bottom of the bird cage. positive identification, accorMost of the stuff you see ding to the Sterling Bulletin: alongside the road has been Democrats buy most of the thrown out of car windows by books that have been banned Democrats. somewhere. Republicans form Republicans raise dahlias, censorship committees and Dalmations and eyebrows. read them as a group. Democrats raise Airedales, Republicans consume V* of kids, and taxes. all the rutabega produced in Democrats eat the fish they this country. The remainder is catch. Republicans hang them thrown out. on the wall. Republicans usually wear Republican boys date hats and almost always clean Democratic girls. They plan to marry Republican girls, but their paint brushes. Democrats give their worn feel they are entitled to a little out clothes to those less forfun first. tunate. Republicans wear Democrats make up plans theirs. but then do something else. Republicans employ exter- Republicans follow the plans minators. Democrats step on their grandfathers made. the bugs. Republicans sleep in twin Democrats name their beds some even in separate children after currently rooms. That is why there are ■ popular sports figures, politi- more Demcrats. !'•! - �Prosecutors' Power . . . "conspiracy to cross state lines to commit a Federal crime." Hundreds were convicted and jailed. And yet, despite strong evidence that "fraggings" and massacres of civilians were commonplace crimes in the American ranks in Vietnam, only one case the My Lai massacre was ever brought to trial. Personal vindictiveness, political dislike, racial enmity, a resistance to the exercise of constitutional rights all are disturbing, and disturbingly common, motives for prosecution. Although a defendant can bring a suit for "malicious prosecution," that remedy is only of theoretical comfort because of the courts' historic deference to prosecutors. In all but the most exceptional cases, observes Harvard's James Vprenberg, "the exercise of prosecutorial discretion has routinely been upheld by the courts." The numbers tell the story: Only a dozen such suits have succeeded in two hundred years. Defenders of prosecutorial discretion are forthcoming. Wherever there is power, they — — — admit, there will be abuse. But critics like Professor Davis advocate reform not only to corral the admittedly exceptional errant prosecutor. The present system, he and others claim, is arbitrary and undemocratic. A 1978 report by the General Accounting Office noted the great differences in enforcement policies among the ninety-four United States Attorney districts: "in one district the United States Attorney has decided that bank embezzlements of $500 or less generally will not be Federally prosecuted... In another district, the United States Attorney has decided that bank embezzlements under $5,000 will not be prosecuted when the suspect is not a bank supervisor or an officer... Whether or not a suspect is prosecuted may depend more on the district handling the complaint than the quality of the case." Are these policy differences inherently wicked? No, says Michael Smith, director of the Vera Institute of Justice: '"Consistency is the hobgoblin of little minds.' What's wrong with different priorities in dif- continued from page 3 ferent districts?" Edward Kor- power to legislate. political ambition may dictate man adds that such differences This power to pick and those judgements. Many state may be traced to varying prochoose has raised hackles all and local prosecutors run for blems across the country: "In across the country in the past their offices, and the temptasouthern California or few months. Although tion to go for the sensational southern Texas, immigration dramatic events such as the case and the six-column may be the problem, while in new, hands-off antitrust policy headline is often irresistible. New York the problem may be and the civil war over civil For James Vorenberg, unnarcotics or official corruprights enforcement within the trammeled prosecutorial tion." Justice Department play a part discretion also impedes raBut the critics say this in the angry new awareness, tional planning in the criminal discretion, whether or not the concern is not centered justice system. "A prosecutor," benevolently exercised, is solely in the nation's capital. Vorenberg wrote in the Harundemocratic. Prosecutors, For example, the pending vard Law Review, "may have they emphasize, are attorneys retirement of Sidney Lezak, an unannounced practice of whose first responsibility is not the United States Attorney for holding in abeyance charges to decide which laws to enOregon since 1961, has led his for most first-offender larceny force but to enforce all laws critics to speak out. "[Lezak] cases against youthful of"without fear or favor," as the chooses to pick on the fenders, while being very United States Attorneys' oath powerless and the unpopular, tough on sales of even small of office requires. "Why the blacks, the Indians, amounts of drugs. Typically, should a prosecutor," asks Pro- anything that makes him look there is no way of testing the fessor Davis in his Discre- great," Michael Bailey, assis- effects of reversing the practant director of the Portland tice, or of determining whether tionary justice, "have a complete power to decide that one Public Defender's Office, told this approach reflects the statute duly enacted by the the Amer;'can Lawyer recently. public's wishes." Many propeople's representatives shall Such criticisms are to be ex- secutors have no policies, but not be enforced at all, that pected. A prosecutor sits on a simply make decisions on an another statute will be fully en- very hot seat and his policies, ad hoc basis. "The results," forced, and that a third will be whatever they may be, will of- Vorenberg continues, "are enforced only if, as, and when fend someone. But critics disheartening for one who he thinks it should be enforced stress not only that probelieves that the legislature in a. particular case?" The secutors are making what and the public should have sufbe legislative ficient information to improve power to enforce, Davis and should others point out, is not the judgements, but also that raw the way government works." UB Grad continued from page 1 litigation. Students would derive a sense of satisfaction he continued. Steele admits that he hasn't because they would be inapproached the administration volved with something more with any concrete proposals societally beneficial, he said. because he's been too busy. The more people who work on However, during this interview, a particular project the more Steele did suggest that the law ideas that start flowing, he school offer classes which continued, adding, "working work on a particular piece of alone can be unimaginative." According to Steele, the law school's integrity as a teaching institution would not be threatened if it assumed a more active role in pending litigation. In addition, the law school, by actively par- effect, the school would be saying that these areas are important and worthy of study, Steele said. The elimination of confees as a formula for paying lawyers would also ticipating in public interest serve to stimulate law school concerns, would lend prestige graduates to enter the public and legitamacy to this field. In interest field. By removing the WHICH BAR REVIEW COURSE WOULD YOU RATHER TAKE? A COURSE WHICH FULLY PREPARES YOU FOR THE BAR OR A COURSE WHICH GIVES YOU EXCUSES AND PROMISES TO TRY HARDER NEXT TIME tingency degree of uncertainty inherent in contingency fees, there would be a greater incentive for lawyers to pursue public interest litigation. Steele is philosophically op- Law Day Don't Gamble With Your Future! ____i_ ■~nmmi_—W——_m\n\n^- Mannojosephson/BRC 71 Broadway. 17lh ft. Naw Yorti, NY 10006 (212) 3444110 • (212) 3444181 The Best Review Course an attorney gets one-third of the award, the parties are, by definition, not whole," he said. Steele prefers to charge hourly fees and then receive payment as a separate part of the settle- .. lective interaction was that minority professionals, no matter whatthe minority or profession, are constantly confronted with and reminded of their identity. It is their responsibility to do the very best they can and be a good example for themselves as well as their fellow minorities. The most controversial Last year, BRC fully prepared our students for the bar, while our competitor's enrollees' came out feeling ill equipped, cheated and unprepared. posed to this method of payment because it interferes with the goal of damages, namely, to make the parties whole. "If workshop of the day, "Global Struggles," focused discussion on the problems in South Africa. There were three speakers. Dr. Victor Moyo, who is a native of Zimbabwe; Chris Morton, a white South Khomo African; and Mehpeola, a black South African and former member of the African National Congress. The three men spoke about customs and traditions in many African Nations. They contrasted these traditions, which are based on pride and hard work, with the absolute dehumanization and subjugation being thrust upon black South Africans who are being deprived of their rights. They also discussed the "civil disturbances" in South Africa which have nearly escalated to the point of civil war. It was stated at the workshop that these events are not given much media coverage here in the United States. The last workshop of the day was entitled "Applying to Law ment. Steele is currently seeking three to five students to work with him over the summer. Because of the uncertainty of his fees, he cannot offer them a salary. a continued from page 1 School." This workshop was hosted by our very own Dean Garcia. It was directed mostly at those undergraduates who are interested in attending law school. Dean Garcia basically wanted to give them an idea of the application process and explain some of the changes in the LSAT. For those unsure about the LSAT and applying to law school, Dean Garcia extended an open invitation to stop up in her office. The Symposium was tastefully brought to a close by a short but poignant speech by Professor Carr, one of the Law School's newest additions and its only minority lecturer to date. To all the participants special thanks is extended because they are the personification of all that HANLSA and BALSA strive for. Janet Maclin, president of BALSA and Carmelo Batista, former president of HANALSA, contributed to and participated in making this years Law Day the tremendous success that it was. BALSA and HANALSA are planning more activities already. Next semester they are hoping to bring in more speakers and hopefully hold another symposium, as well as panel discussions, and to provide tutors for students. As with the Law Day, all students are invited to attend. November 30,1982 Opinion 5 �LaRaza Legal Alliance Strives For Latino Rights -Carmelo Batista, Jr., President tion. across the country, with a total of HANALSA, and John H. La Raza Legal Alliance was membership of about 5.00 perFaria, Jr., active member. first organized in 1969 as La sons. Each chapter belongs to On October 22nd and 23rd The convention, the theme Raza National Law Students one of eight regions: The LA RAZA Legal Alliances of which was "The Oppression Association. In 1978 the Pacific Northwest, Southern (LRLA) sponsored its 13th anof the Latina," marked the first organization was expanded California, Southwest, Texas, nual National Convention. The time that a Latino-based and restructured to include Mid-west, Mid-Atlantic, New convention took place in the organization at SUNY Buffalo lawyers, paralegals, in- England, Southeast. city of Houston, Texas, and Law School strived beyond the vestigators, law students, and The La Raza Legal Alliance was hosted by the University school's parameters in order to other progressive persons inwas organized because of the of Houston Law Center, along achieve national exposure. volved with legal work affecneed to build a legal organizawith the Latino Learning HANALSA's presence in ting the democratic and tion of united Latino legal Center. Houston was made possible by human rights of Latino people. workers. This unity has The basic unit of the manifested itself by bringing The convention was attend- funding from the law school ed by two delegates from via the Jackel-Abrams Fund organization is the local together progressive thinking HANALSA's Latino Network and the Student Bar Associachapter. There are 83 chapters Chicanos, Puerto Riquenos, ~_~ Cubanos, Dominicanos, and others into LRLA. The primary purpose of La Raza Legal Alliance is to organize legal workers for legal and political action against the oppression and exploitation of the Latino community. This means fighting for democratic and human rights of Latinos, including the right to bilingual-biculturai education, medical care, jobs, de- wide. by: Carmelo Batista, Jr. John H. Faria, Jr. „„„„„„ I 6 out of 6 5 BAR/BRI enrollees were \ \ the right to organize, immigration and emigration freedom, and the right to be free from racial and cent housing, well prepared for six J j of the six essays on the $ SSummer 1982 Bar Exam J § Another bar review j 3 $ course "brags" that it S 3 prepared its students $ sfor only three of the six I_ I essays... | national discrimination. In organizing progressive legal workers to struggle for rights, these LRLA simultaneously seeks to remove the historic elitism of the legal profession and to unite all La Raza legal workers into one organization. Besides working for the struggle of the Latino community in the United States to achieve' equality in _ll~f6rms, LRLA has always recognized and supported the struggles of all third world peoples against foreign exploitation 4and for their right to self determination, wherever they may be. In this same vein, LRLA has always promoted solidarity between the La Raza community and the working people of all other races and nationalities. Indeed many of LRLA's activities involve joint work with other progressive legal organizations such as the National Lawyers Guild and is i f ! the National Conference of Black Lawyers. LRLA prides itself in its efforts to struggle against the economic and cultural oppression of Latino women. By addressing and removing the sexist practices and ideas of both men and women La Raza seeks to create the conditions for Latinas to participate fully and effectively in LRLA and in the struggles of Latinos nation- The convention was attended by more than 150 delegates and individuals representing over thirty cities and law school's on a national scale. U/B's representation was the only one in New York State. The most significant achievement of the conven- tion was the constructive interaction amongst law students, attorneys and community activists from all over the country. The initial tone for this interaction was set by the keynote speakers from each particular workshop. The workshops and panels discussed common struggles faced by oppressed communities. Most of the workshops were structured around panelists and participants who provided a politically progressive analysis of the particular problem. This analysis provided the basis, as reflected by the resolutions adopted by the convention, for setting forth progressive legal and political strategies that the organization collectively, and Latinos and Latinas individually should take in the various community struggles. Some of the more important workshops centered around assessing the labor market impact of undocumented persons and judicial developments in the area of refugee and asylum policy. Other workshops focused on the issues of police brutality, U.S. foreign policy, and Its relationship to South Africa and Cuba, and the racist and discriminatory Simpson -Mazzoli Immigration Bill. i 3 the. cbnyeritlbn was highly charged with energetically debated plenary sessions. From these sessions the two delegates from HANALSA's Latino Network were elected become the Mid-Atlantic to Regional representatives of the La Raza Legal Alliance, and thus serve as members of the National Steering Committee for LRLA. Mid-Atlantic of LRLA, U/B will be assured of national recognition along with its Latino counterparts from other law schools. As stated previously, this is the "Latino Network's" first exposure as an existing viable organization in U/B Law School. The convention was highly productive and HANLSA looks forward to maintaining the ties with LRLA Having Regional representatives Another reason that . | more Buffalo and New $ Crossword York State law Solution take El £l x. iOBE _EHZ ___ _L _L __L _o___E _3__E iL | than all other bar 5 DEADJMArVSj so 3(_E pJL Lpl EE ° JL _.__=. HL £..O lar X s review courses § A£. ±L _£ iljO Is r \ £ !LE.~s\ Imo__d_£ r Is ol Wm 71 combined! 3 S s"1 c| Wt a v __\ ___. __, _L _!l L _1 L. V £ t l l s s s 7 jl Ig uc. BY T H|F p fr J|C-|K TN 6 X. _L JL RJmA. _L 2. °_ Z_ A X T_wt_Z. T\F \f \mMa\a\s M p|F|rv|T 6 Opinion November 30,1982 �BAR REVIEW Stanley D.Chess Director November 1, 1982 Dear Law Student: For the second year in a row, another bar review is circulating a promotion piece in which, instead of discussing its own course, it makes false and misleading statements about the BAR/BRI program. This promotion piece is an assemblage of more than a dozen falsehoods. I could answer each claim in this letter, but all this would do is help perpetuate the inaccurate allegations and help to give the other course the publicity it is seeking to offset its declining enrollment. Yet the significant investment you're making, in both time and money, and the significant impact your choice of programs may have on your career, require an informed decision, a decision based on accurate information. to ask direct and discerning questions of your Therefore I urge you BAR/BRI Student representatives or of me. For any difficult questions that our representatives, as students, are unable to answer, please call the New York office. The BAR/BRI program has grown dramatically over the years. We are now the most popular course at every law school in New York State. In fact, at most law schools in New York, more graduating seniors take BAR/BRI than take all other courses combined. And we've grown because law students*have been satisfied with the graduating tens of thousands of BAR/BRI program, and with their success on the bar examination. We've grown because, as corny as it sounds, we care. Therefore, any student who has any question whatsoever about the BAR/BRI course, or about the statements put out by the other course, may call me directly. Those of you outside New York City may call me collect. .* Also, any student representatives from the other course who may have questions about the ethics, morality and legality of sitting back while false statements are being published and circulated in their names should also call me, collect. My telephone number is (212) 594-3696. If I'm out of the office, which is likely, just leave your name and phone number. Either Steve Rubin, our associate director, or I will call you back within 24 hours. Sincerely, HARCOURT BRACE JOVANOVICH LAW GROUP •- ... f , _ t ■ ", .1 '.k I < November 30,1982 !-.!.' Opinion 7 �Commentary Pugilism vs. Humanism: Ban Hit-Men From The Ring by Michael P. McGorry In the wake of this past opponent. Many of today's sports commentators suggest there weekend's events, one must should be measures taken by seriously ponder the question the boxing commissions to proof whether boxing, an alleged mote safety in the ring so as to sport, should be allowed to lessen the chance of permacontinue in its present state, nent physical injury to the parwhether it should be changed ticipants. Among the safety suggeted are in order to promote safety, or devices whether it should be banned headgear, larger gloves, softer altogether as a form of bar- floors, and better referees who baric legal battery. would step in before too much On Friday, November 12, damage was done. Each of the 1982, Alexis Arguelio, the aforementioned, however, fail reigning Lightweight Chamto adequately prevent physical pion of the world, fought injury to a boxer. Tests have Aaron Pryor, the current Junior shown that headgear in its preWelterweight champ. The present form does not lesson the fight hoopla billed this as one blow of a punch to a person's of the centuries greatest mathead and brain, but merely ches, and it lived up to that ex- gives the opponent a larger pectation with Pryor knocking target to hit. Muhammed Ali Arguelio out in the 14thround. never sparred with headgear Arguelio was unconcious for because too many punches almost five minutes, but prothat he normally would have gnosis is for a full recovery. Inavoided instead reverberated cidentally, Arguelio wants a off his headgear. Larger gloves, rematch. while cushioning the impact to On Saturday, November some extent, have not been 13th, Ray "Boom Boom" Man- adopted by boxing organizacini lived up to his nickname tions because they are too by battering his opponent, Duk heavy and because it is too Koo Kirn into submission in the tough to knock out an oppo14th round. Kirn was taken nent with them. As a matter of from the ring to the hospital fact, boxing gloves have and has not as of this writing decreased in weight from 12 regained consciousness. Docoz. to 8 oz. in the past thirty tor's claim that he is "brain years. As to adding padding to dead" and will not live. the ring floor, it would help These two fights evidence prevent injury only in the exthe absurdity of boxing as a traordinary case where a boxer sport. It is the only sport where lands on his head after being the sole goal of the par- knocked down. The real injury ticipants is the physical occurs from being punched destruction of the opponent. repeatedly about the head, not In each and every other sport, from a boxer's head hitting the injury of an opponent is supfloor. Finally, requiring better posed to be avoided, with the referees who would step in and final goal being victory in stop a fight before a person is some other manner, such as seriously injured just does not having more points than your work. As is evidenced by the who after discussing the matdecide to go out into a parking lot and fight each other. In the case of the "sport", if a particpant is maimed or killed there is no Given the ineffectiveness of criminal sanction. In the case the proposed safety devices, of the "non-sport", however, one must seriously look to each are subject to criminal whether boxing should be penalties such as assault, batallowed to remain a sport at tery, manslaughter, or even all. Why, under the guise of murder. sport, can two individuals- inMany commentators argue front of thousands of people and for millions of dollars-have that boxers assume the risk of a license to bludgeon each their "sport" and that as a other into submission? There is result neither can be held no real difference between the liable in the ring. This is abforegoing and two individuals, surd. A person cannot assume Mancini-Kim fight, which was refereed by one of boxing's finest, Stanley Christidulo, a referee just cannot always tell when a person cannot continue to defend himself. The Nicemen Turn Into Icemen by Michael P. McGorry The law school basketball league is well into its third week with three teams remaining unbeaten. The Buffalo Braves led by Larry "Big Goober" Regan and Gary Kaminsky, are 5-0 and seem to be the most formidable opponents for the preseason favorite NUBAR (4-0). Sunday, November 14th, the Braves Younger's Comprehensive CPLR Course will be available in late January. The next MPRE test date is March Opinion November 30,1962 have been deemed to be illegal, and have been denied as a legal right. If boxing, in its present state, is wrong and cannot be sufficiently safeguarded, it too should be outlawed. Intramural Scene The winter course begins January 4th, 1983. Irving 8 the risk of a criminal act. If a person tells another person to shoot him with a gun, the shooter is no less guilty of criminal sanctions because the injured assumed the risk of injury and gave his consent. As to the premise that you cannot deny a man the right to make a living, I look only to the fact that other "livings" such as hit men and narcotics dealers J.D. The BAR/BRI table will be unattended from November 21st until the beginning of next semester. Direct all inquiries to our reps, or leave a note in box *544. 18th. ter fully, blew out the Law School Champs 59-45. Next week the Braves face the third unbeaten team. Fat Daddy's Takeout led by Mark "I'm not conceited, it's just that everybody knows me" Nasca. A final note on the basketball team shows that a few teams are considering forfeiting games by not showing up for gametime. How inconsiderate and irresponsible can those teams be to force the other team to waste part of its day only to have you not show up. Show some class and at least inform the other team that you will not make the game. On the racquetball front, Rick "tiny" Roberts has been replaced at the top of the lad- der by Mr. Hart. In football, both law school teams went down to defeat in the playoffs. Nice People Who Care, who had three touchdowns called back, lost a heartbreaker to the Ethnic — lupG Slurs, 13-12. The Wolverines, won their first game of the playoffs 12-7, but lost in the second round 6-0. This was the Wolverines only loss of the season. One plus came out of that loss, however. Rumour has it that this was the only game that Steve "We love those shorts" Baxter did not quit. Finally, two law students, Steve Sheinfeld ahd Jon Solomon have led the Roughriders into the finals. This dynamic duo, effectively known as the 'nose-twins" is the law schools last hope for a football championship this year- Good Luck. In Hockey, Ice People who Care again defeated the other law school team Advocates on Ice, 7-2. Ice People were led by Phil Frose, a graduate student, who scored all seven goals. Alan Horatio Solarz, the teams resident goon, summed it up perfectly when he said "We played tough- high 10b-7's to everyone." WoRD Processing - Typing Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset Experienced in doing legal work Complete Resume Service Repetitive Work at Reduced Prices Personalized form letters, mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available Or Typewritten All Work Guaranteed Whether you type or not, Proto-Type can provide you with highest quality work that computer technology can provide. - Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-11-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/30/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/65d5032e3997fb1813237232dd04741f.pdf 3faee3c0d33e8f1ba413ab7921d1488c PDF Text Text Moot Court Announces Best Brief Award by Lori and Rick of this highly complex problem, they were ready to send This year's Charles S. Des- a rough draft to the typist. But mond Moot Court Competition Lenny was heard tb comment, was marked by unsurpassed "Al, don't you think we should brief writing and oral perfor- do some research first?" After mances. This year's coveted heated debate, Lenny, who's best brief award went to the on Law Review, won out. third year team of Al Plywood Rather than break up the and Leonard Sewing Machine. research by each taking one of Al and Lenny began their the two issues, they decided it research last Spring, even would be more efficient to before the problem was writ- divide up the problem by ten. "We figure we'd just do sentences, with each taking general research in all areas of every other one. When viewing the law to cover all possi- the problem in this manner/AI, bilities," Al explained. a second time competitor, In order to get a headstart noted the striking similarity to on the other competition, Lenlast year's problem, which ny and Al camped out in the dealt surrogate with Moot Court Room the night motherhood. Al stated: "You before the problem was see, like, urn, both problems distributed. "It was fun," Len- had a plaintiff, a defendant, ny said, "Kind of like a con- and one of them was suing, cert, Al sang to me all night." (giggle) Also, there was an At noon, the problem was opinion, a lot of big words, and distributed. Being first in line, a free dinner after the final Lenny and Al had a seven se- round, (giggle)" Al, therefore, cond start on the others. As was able to cut his research they found out later, this edge time dramatically by incorwas crucial. At 12:06, after porating most of the careful analysis and synthesis arguments he used last year in- one of the following three bad faith harassment, irreparable harm, and inadequate safeguards is sufficient to procure the injunction, we have all "Award-winner Plywood dictating brief to his typist." brief. as Lenny put it, "My housemate is on the Board, "It is abundantly clear that and he doesn't know shit." the defendants, Dr. Olman and After numerous rewrites the Superintendent Kazenburg, following morning, they felt cannot claim immunity in this they had produced a polished case. This fact is so clear, that I gem of a writing sample of need only cite two or three which they could both be cases to prove it. I do not even proud. They were praticularly have to sheperdize these cases proud of their meticulous at- because no self respecting apready to start writing. Al and tention to proper grammar, as pellate judge would ever Lenny waived the services of a noted by this representative reverse or erode the standards Moot Court advisor because. sentence. "A showing of only they have set forth..." continued on page 3 this year's brief. Lenny, however, was not as fortunate. He was forced to miss two Agency and Partnership classes and one Future Interests class in order to meet the high standard he and Al had set. The next day, with their research completed, they were to Onion LIVE FROM BUFFALO It's Tuesday Morning three." Since the content of their brief was so air tight, they decided to omit extraneous parts of tbe brief such as the Table of Authorities, the Statement of the Case, the Opinions Below, and the Statement of Jurisdiction. After all, as Al said, "I did all that last year and I didn't get on the Board." The following are a few excerpts from this year's best All The Slander Fit To Print "Only the pathetic have no Onion" December 7, 1982 State University of New York at Buffalo School of Flaw Vol. 4, No.l S'bw'y Under Ct. Order UB Law Student Gets A Job! any significance. Needful of a by Tom Thomas plaintiff, he advertised for an In a groundbreaking deci- Aleutian contractor. SurprisThe Placement Office sion that has sent legal ingly, a U.B. law student, Jef- OOPS! I mean the Career scholars scurrying for their frey Antin, stepped forward. Development Office is Civil Rights Nutshells, Federal Claiming Aleutian heritage, he atwitter, or perhaps even agog, District judge John T. Curtin pointed out that he had done over the latest development in has ordered approximately 1.2 some snow shovelling on his modern, scientific, and profesmiles of completed cut-rock native Long Island. In addition, sional placement I mean tunneling, in which track for he had diligently studied cor- career development technithe Buffalo Light Rail Rapid porate law under U.B.s fine ques. Excitement has not been Transit System (L.R.R.T.S.) has faculty and believed himself this high on the Third Floor already been partially capable of incorporating his since last year's controversy assembled, to be refilled with snow removel 'business.' Never over Creative Resumes and "dirt and rocks." In addition, a favorite of advocate First Amendment Rights: To pursuant to the Public Works Spiegelman since his notorious the Victor Belongs the Spoils. Employment Act of 1977, a 35 "You talkin' to me?" response Rumors of the imminent million dollar excavation con- to a seating-chart victimiza- breakthrough have even protract has been awarded to tion, Mr. Antin nevertheless mpted Oxford-educated Dean Yukon Jack Enterprises, an prevailed, and ultimately Thomas Headrick to consider allegedly Aleutian contracting found himself with 35 million dropping by his office to see if dollars worth of excavation he's received any mail from firm, to "dig the hole again." Since the long-awaited work for his Yukon Jack Enter- potential Commencement L.R.RTT.S. is coming to fruition prises. speakers. with substantial federal funThe extraordinary remedy What lies behind the recent ding, then pursuant to the refilling a hole already dug,onspate and flurry of inter-office Public Works Act cited above, ly to burrow into the earth memos, the whispered cornerhas been met office conversations, and the approximately ten percent of once again the total contracting figure of with unjustifiably harsh surreptitious reservation of 500 million- dollars must be criticism in some quarters. Colclassroom space for prime awarded to minority contrac- umnist James J. Kilpatrick time, i.e., 3-5 PM on Fridays? tors. Post-excavation auditing growled, "A typical knee-jerk, Simply this: it was revealed discovered that considerably make-work solution." Conser- this past week that one of only vative gadfly William F. SUNY Law's more distinguishless than ten percent was apBuckley, Jr., sniffed, "Why not ed prospective February 15 million dollars propriately set aside for such grant him the Sno-Cone con- graduates, a founding member businesses. When this data cessions in the underground of the Blady Bridge Coffee Class-cutting, and Criticism came to the attention of U.B. stations?" opinion, Club, and, in his role as law Law Professor Paul Enlightened however, hails this progressive clerk, the man who settled the Spiegelman, he sprang into acstep. U.B. Law Professor Lee celebrated "Fly in the Muffin" tion. Aleuts, he noted, had been Albert whistled, "Yes, er no, a case for $300.00, has accepted completely scotched in their truly new groundbreaking employment witha prestigious well, not a breaking of Buffalo law firm. Leaving aside attempts to gain a piece of this decis subterranean pie. Indeed, a new ground, but old ground'— the gentleman's admitted study of the United States con- sort of viewing old holes in a academic qualification, social struction business showed that new.— oh, you know what I temperament, and convenient Aleuts had rarely' received m«an." Fellow-travelling ethnicity in this age of John federal contracting deals of , continued on page 3 Paul 11, how, one may ask, did by Rodd DeWitt — — —— — — —— — . he achieve this fulfillment of the ambitious law student's dream? Was it by careful drafting and preparation of a sider, for a moment, the problem of proximate cause: if our student's forme - employer had decided not to 'spare the strong, yet modest, resume? By stamp or spoil the Jerk,' or, assiduous culling of the exten- alternatively, the two sive career gentlemen had decided on placeme. development literature, in- another stooly with their cluding the Pocatello Idaho lunch, this "close encounter" judicial clerkship notices and with financial security might our 1953 copy of Martindale- never have happened. SimilarHubbell? By practicing a firm ly, Mrs. Palsgraf might have yet dry handshake? Wearing ended up as just another maroon ties? Tasseled black passenger on the Long Island loafers? No, brothers and Railroad. sisters, by none of these means But, all that is mere supposiwas nirvana achieved. Read tion. On a more substantive on, and be enlightened. level, watch for "Effective It seems as if the latest ad- Elevator-Riding Technique" vance in the gentle art of fin- seminars springing up like ding gainful employment in- dandelions after a summer's volves the effective utilization rain. For in this, as in all other of a device developed and matters, do not expect that the popularized by James Otis: to Buffalo Model Law School of wit, the elevator. Our hero, the. Future will send its while in the course of proving graduates out into the cruel that old legal maxim: " clerk's world ..less well-equipped (exshoe leather is cheaper than cept,' perhaps, in mundane postage," blundered, eyes technical matters like New suitably fixed on the ground, York Practice or ability to pass (hoping, no doubt, to come the par) than graduates of across some lost change to other competing institutions. purchase the family groceries) In the interim, let me point from the elevator of the out a few useful techniques of Marine Midland building my own, learned as a result of directly into the arms of two some hurried experience gainworthies from the aforemen- ed while trying to jump the gun tioned law firm. Pleasantries on everybody else. thereupon ensuing ("Egad, 1. One trip on the elevator at Coatsworth! I do believe it's a M&T is worth seven trips on . . < law clerk of some sort!"), those the elevator at the Walbridge two representatives of the cut- Building. Of course, the ting edge of the law promptly began hurling fist-fulls of money in our classmate's direction. The rest, as they say, is History. The ramifications of this discovery are endless. Con- escalator at Main Place Mall is strictly for the hopelessly naive, or terminally optimistic, ■or constantly airsick. continued on page 3 �• Wui)_tllOri Alumni News A Vol. 4, No. 1 a.k.a. Crpißlcrfr\ _.. Editor-in-Chief Justin White December 7,1982 Vol. 23 N0.7 Managing Editor Anonymous News Editor: Feature Editor: Photo Editors: Business Manager: Anonymous Anonymous Anonymous Anonymous Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous, Anonymous Staff: © Copyright 1982, Onion, SBA. This lampoon issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons is purely coincidental. WARNING: The Press Secretary General has determined that taking this issue seriously may be hazardous to your health! Report On The Class of '82 law-related It has-seen six months since the class of '82 crammed into the Statler Ballroom to receive their coveted fake diplomas. After spending a fun-filled summer of eating Stan Chess pepperoni pizza and taking the bar, these lucky graduates have recently entered the real world, one very different from that found in O'Brian Hall. It was a shock to some, but parAudrey to ticularly Koscielniak, who has reported that only 3% of the graduates have legal jobs as of presstime. Some of those fortunate Gov't In-Action Guest Editorial Rhinos Have Rights Too! by Dr. Barb Bartonoceros Since the decision of Mapp v. Ohio, 367 U.S. 643 (1960), the exclusionary rule has applied to state as well as federal trials. This rule, simply, excludes from trial any evidentiary material ob- tained as the result of an illegal search or seizure, violating the Fourth Amendment of the United States Constitution. While it is true that the Fourth Amendment at the time of its writing did not refer to the rhinoceros, the author of this paper believes there is ample justification for extending the Fourth Amendment, and consequently the exclusionary rule to include rhinos. . I. Legislative History by Strep Throat Ed from mudhole to apartment. 2 Unfortunately, this rise from poverty to wealth has been accompanied by a notable rise in crime. Those rhinos who have succeeded in raising their standard-of-living are increasingly prey to the have-nots. With this increase in crime, police and other government agents are beginning to give greater attention to the rhino and are using omission of the rhino from the Constitution as an excuse for carrying out all types of illegal searches and seizures. Nonconsensual entries, warrantless searches and seizures, arrests absent reasonable suspicion, general seizures: all are being carried on under the guise of rhino crime prevention. The excerpt from a recent trial demonstrates the kind of police tactic which is now .. . . The Fourth Amendment, adopted December 15, 1971, preserves "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and widespread: seizures. " The primary reason for its instituDefense Atty.: So. on December 10,1981, tion was the protection of American colonists police came to your home. What did they from the type of unwarranted intrusions of their homes which had been conducted by British ■ waVit? Rhino Wino: They said they wanted to ask troops. The modern-day exclusionary rule has me some questions about a liquor store holddeveloped as a method of guaranteeing this up. And they said they had a warrant to right; exclusion from trial of unlawfully obtainsearch my house. ed evidence is an attempt to deter police from Defense Atty.: What happened them? undertaking further illegal searches and Rhino Wino: Well. I figured they had a seizures. warrant uh. that they could At the time of the adoption of the Fourth search. so I let them in. I thought I had to. Amendment, our Nation's founding fathers found no reason to extend its protection to the Police searched Wino's home and found a rhinoceros. Rhinos were not then noted as cache of twenty bottles of lemon-flavored gin, political dissidents and had neither possessions nor information of interest to British Troops. ten pints of Cutty Sark, and a few bottles of a The following debate, between Benjamin cheap Catawba wine. Over the objection of Franklin of Pennsylvania and John Dickinson of defendant, these articles were submitted in Delaware, is noted at 10 Congressional Record evidence and Rhino Wino was convicted of 2nd degree armed robbery and sentenced to ten 1003, October 1791: years in prison. Police had had no warrant to Franklin: I suggest we word the Amendment search the home. 654 Rh.2d 905 (1981) A similar tactic was employed in the case of to read "the right of people and rhinos to be Limpopo Yo, a Sino-Rhino suspected of murdersecure in their persons, hides, etc." Dickinson: My dear Franklin, why should we ing his laundress. Police interrogated Yo eight include rhinos at this time? The British are hours a day for fourteen days, withheld food hardly concerned with them. Too stupid to and water for several days and beat Yo with a cause any trouble. 1 And who's going to go willow switch while calling him denigrating searching those squalid mudholes? How names such as: "stupid water buffalo", "dirty hippo" and "clumsy lummox". Yo confessed on frightfully mucky! Franklin: It's the principle, though, John. the fourteenth day. His confession was used to convict him at trial and he was sentenced to life Don't you think rhinoceri deserve the protecimprisonment. 423 Rh. Supp. 697 (1980). tion of the Amendment? Such practices should not be allowed to conDickinson: Indeed, but that's taken for tinue. Rhinos have a right to privacy in their granted by us all. I don't think we need to put homes and personal effects just as people do. They should not be subjected to the type of it in black and white. odious police behavior which we have so long Franklin's suggestion was opposed and the condemned. I urge each and every one of you who is movcurrent wording of the amendment supported. ed by the plight of these downtrodden victims to write your senators and Congressmen, urging 11. Present Practice them to include the rhino in the fourth amendSince the passage of the Fourth Amendment, ment and to ensure justice for all. the lifestyle of the rhino has changed significantly. Their education has improved to 1. Rhinos at this time were not noted for their high intelligence. the extent that rhinos now have higher-skilled, higher-paid jobs. Ten percent of the Social 2. 1980 Rhino Census figures Register in 1981 was composed of rhinos. With greater sources of capital, rhinos have greater (Dr. Bartonoceros is currently enrolled in the purchasing power and statistics show that many loint Degree Program in Law and Rhinology at rhinoceros families now have color TV, this law school. She and her colleague, Dr. Nell dishwasher and stereo, and at least one car. Mohner, will graciously accept large fees for adMore rhinos own their own homes and condressing your club or organization and imparting dominiums, and fewer than 9% have notmov- their higher knowledge to those less fortunate.) Onion December 7, 1982 .. 2 Day O'Connor and Justin employment include Ed Flint, White who is now a Bar Bri P.R. executive. Bill Sharp is who is rewriting the 1948 ediof American selling ashtrays to law firms, tion Jurisprudence. This REVIEW and Steve Cetzoff is organizing of the law is scheduled to a national lawyers basketball come out in the year 2003 in league. When asked by an Onion paperback form and will be only 57 pages long. Another reporter about the legitimacy member of the class of '82 who of including such examples of is counting his blessings these employment under the days is Glen Pincus. Pincus category of law-related, was recently appointed by Audrey replied, "If we don't inAlexander (l-am-in-charge) clude these, we'll lose our Haig to a position on the Moot status as No. 17 in the country. Anyway, compared to what Court Bench. Also included in the 3% the other members of the class figure cited by Audrey is Scott of '82 these jobs are very lawOakley who has become the related." What are other recent U.B. personal hairdresser to Supreme Court Justice Sandra grads doing, as Audrey so continued on page 4 Inside SBA enough to have by L. DeNado Che Paperno, still chewing her stubby cigar from last year, opened Wednesday's S.B.A. meeting with a brusque "hola," which was followed by an objection from one of the parliamentarians in the group. Dave Cass immediately tried to explain. The first order of business was a review of a request from the Tripartite Group to send its entire organization to a conference in a city not previously visited by any representative of the group. Cairo had been selected as a neutral location. The Board had initially voted to fund all transportation costs but upon further discussion rescinded its previous vote and approved a motion to pay only the cost of busfare. Unfortunately in reliance on the Board's initial vote, the Tripartite Group was already in midflight over the Atlantic. There was a motion to approve the minutes from the last meeting. Someone requested that the Board waive the reading of the minutes as the last week's reading was still in progress. Joe Mcßride objected. Jeff Eisenberg gently informed him that he was no tatives discussed their plans for a Clint Eastwood film festival and a special showing of Mommy Dearest. Sue Kozinn expressed satisfaction that this would also meet the needs of first year students who feel particularly disenfranchised because there are no movies held regularly in O'Brian. In discussing their past activities the A.N.L.S. pointed out their diligence in frequently emptying the change machines as well as preventing the librarians from refilling the Xerox machines. When asked about these practices, they responded, "Shut up, it's my right." The group will be holding elections shortly, since ten minutes after electing a president at their first meeing they impeached her. Next item on the agenda was a discussion of who should represent the student body on important, sensitive issues. A motion was made to have the Opinion represent the student body in such matters. It was felt that the Opinion could solicit student suggestions prior to making any decisions regarding any policy. Unfortunately, the students on the Board did not feel that they could vote on such a matter longer in a position to object. before the sentiments of the entire student body were known. The motion was tabled pending an Opinion poll. Wiebe abstained. The Social Committee staggered in late as usual after drinking up the left-over wine from the last T.G.I.T. party. They submitted their weekly request for a keg for yet another pressing social event. The Board overwhelmingly rubber-stamped their request. Wiebe did not abstain. A group of students representing the Association of Nasty Law Students (A.N.L.S.) appeared before the Board to request that the S.B.A. charter the old, but never formally recognized, group. Their proposal explained the need for S.B.A. recognition. The representatives stated that mean people have always been discriminated against in our society. They noted that people always talk about them when they are talking about others. John Stegmeyer asked whether they could get ten members' signatures in order to comply with By-law 13. They replied that they had received membership pledges from the entire student body. Jeff Shein of the Social Committee questioned them about future activities. The represen- Wiebe abstained. When Che Paperno asked why people had not been sitting office hours, there was silence. Mr. Nadel suggested that perhaps access to the office might facilitate board members sitting office hours. The President typically responded, "I've ordered the keys but they are not here yet." The Board took a vote of confidence. There was none. Wiebe*abstained. The Board overwhelmingly approved a motion by the Social Committee to appropriate $10,000 of the $30,000 left in unallocated funds for installation of carpeting, central air conditioning, panelling, a wet bar and a hot tub for the office. Subsequent to these alterations, all T.C.IIT. parties will be held in the S.B.A. office. It was .pointed out by Ms. O'Hara that T.G.I.T. parties were already being held in the S.B.A. office Monday through Friday. The meeting ended fol- lowing a motion to adjourn by Ron Osson. There was no one left to second the motion. �*P ~"| 1 ■ 7 is H l/o If/ 13 lis I I 4* T"Tr wis "~"iltj |7r — ""Hi ■ Ja3 ■ —" **T| — ■55 I KST ■Pi I 107 I I I HHp* ACROSS 1. 7. 14. 15. 18. 19. 22. 23. 25. 26. Neil Higgins'favorite band Present 3rd yr. student with , 40. 2nd year student Rob Turkewitz will never be one of these New Course by Bob Bluejay A new Bar Review course was announced today, and will soon be offered to U.B. Law Students. The course consists of six weeks of nothing but Judge Wapner decisions rendered in "The People's Court." Every conceivable cause of action is covered, with many creative arguments regarding grounds for liability. Incisive discussions by Kurt Llewellyn and Rusty will follow each videotape. Students will be paid to take this course, out of a fund established by successful Opinion Spiegelman if this was indeed apex of his distinguished career in litigation. "Not really," he said. "The American contracting business is a multi-b/7//on dollar affair, and although 35 million is a good start, it's just that and nothing more." But unable to completely write off this master stroke of advocacy, he grinned and added, "But, after all, Nome wasn't built in a editor Earl Pfeffer smiled and, paraphrasing a recent and much-beloved former President, commented, "Ich bin em Aleut." "That's right. Earl," answered Mr. Spiegelman, as he locked his fingers behind his head, leaned back in his office chair, put his sandals on his desk, and flipped over backwards. Regaining his seat, he added, "We're all Aleuts." This reporter then asked Mr. the day." . by Yick Wo 1 Contorts 2. 187 Englewood by the G,immer Twins 3. The administration's handling of the Corporate Tax problem 42. Many of our law professors 20. The animalistic side of your look to this 20th century 4. Mike McGorry's self image personality leader for guidance 21. John DeLorean was caught 5. The.Office of Admissions 43. man, 2nd year stuwith this up.his nose and Records during the record for least classes at- 44. 46. tended 47. 3.1415926.... It used to be big and smelly; 49. now it's just big 50. that is, Latin abbr. Ken Joyce is a fan 51. 54. They have Whoppers (abbr.) Son of Sam's best friend sh-t! "Crossroads", "Badge", "Sun- 55. shine of Your Love" a feel or a plea 28. _West 29. 30. Where Valley Cirls live, abbr. 32. It had a 98% pass rate on its 1981 winter bar (I use the term "winter" lightly) 34. Captain's 35. What Orson Welles always says at dinner 36. SBA secretary 37. Fa, sol, ti, do 39. Rick Roberts doesn't act his S'bw'y Under Ct Order ____■ ■P' C ros sword continued from page 1 dent A social committee event Hello to 1 down -man The best thing to do if called on in class sth floor library office; abbr. Coming to Buffalo was this Ex-professor who holds the worldrecord forTwizzler consumption at one sitting 3rd year student Al Wood emulates this dead star , DOWN 1. Jeff Antin 24. Craduate School Entrance Exam 25. Santa word 27. "Spot" 29. the Merciless, Tremendoz Ist baseman and Flash Cordon nemesis 31. Lori, Julie, Ist year trio 33. You call them when your car , 38. breaks down, abbr. Unmarried first two weeks of classes 6. Katz's approach to first Movie Match Apocalypse *• Paper Chase Now Shoot the Moon *• Six-pack D °c ' £• year women "• 7. Ken Joyce's typical dinner • 8. The Law Library '• bathrooms on a Sunday 9. What the Dean's son did. 10. Rich Wiebe 11. The career most of us will pursue after graduation * Taxi-Driver 2001: A Space Odyssey The Greatest Which Way Is Up? Seduction Dr. Strangelove The Invasion of the Body Snatchers Woman 40. Brazil, Pecan, Schlegel 41. What you say after a good fart 43. Authoress of famous "Mann Outline" A good lawyer should have at 44. Tit for (It's not least one what you think) 4. A person who dates Natalie 45. Peter Murphy heads this U.B. group Wood, among others 5. Before, poetic 47. Between a birdie and a bogie 6. Monty Python's 48. 187 Englewood walk skit 49. I Love You', 9. A lot of law students are full Beatles tune of this, abbr. 51. A favorite topic of a 3rd year 10. Stenz, Martin, Reiner, etc. female singer -a-dink-a-doo 52. To go, Spanish 11. 16. Phone home 53. Overhead Railway 2. , from Student Gets Jobcontinued • •• 2. The elevators at City Hall have their very own elevator operators, all of whom are possessed with an awesome command of the English Language ("Up." "Down." "Sixth Floor."). Unfortunately, they're already graduates of U.B. Law. 3. After a dozen trips on the elevator at the Brisbane Building the only offer I got was as apprentice mechanic on called the something Lawmobile. (I start next week. Stay away from my tuff, turkeys.) 4. The elevator at the Rath Building can be productive as well as uplifting (sorry about that) since you can apply for plaintiffs in Judge Wapner's Welfare as long as you're already there. court. 5. You can't get near the Be advised that this'course at Buffalo Savings the elevators you for NOT prepare will New York State Bar Exam. Bank, since the guard is under However, as U.B. Law School orders to turn away anyone doesn't prepare you for the bar looking like a law student either, you may as well sign up. $300.00 suits and mud- — page 1 splattered shoes. 6. Never, never ride the elevator in O'Brian Hall. All I got in eight hours of riding was severe vertigo, culture shock from gum-chewing, Walkmanwearing undergraduates, and an offer from Associate Dean Schlegel to serve on the Loyalty Oath committee. Hopefully, my personal experience will be of some value until Career Development begins its formal program after Christmas. As for my nowemployed friend, he, ever modest, attributes his association with a heretofore exclusively Anglo-Saxon firm to the current world situation. He intends to drop a thank-you note to Lech Walesa just as soon as his secretary gets back from her vacation in the Bahamas. If his theory holds true, I suppose that I had better start hoping for a coalmining disaster in Wales. Brief Award.• • • continued from page 1 "Do you need any more cases? I hope not. But if you do, here is another one that might be good for our side. We're on a roll now, so don't stop us. If you have any time though, so only skim it..." "If you can find an argument in my opponents brief that specifically attacks the above argument then you should consider his position. If not, and it must be a specific check this case out: "Delatte v Cenovese 273 F. refutation of the above logic, Supp 654 (ED. Ca. Ca. 1967) under Moot Court rule one, This is another violation of then we win. And if we win, that Eight Amendment thing you must give us money " and involved a coroner. The "Let us end with this simple court found that the coroner syllogism: The Appellant is was not immunefrom suit. The right. A judge who does not coroner said, "You stab 'em we decide a case right is a turd. In slab 'em," but the Court did case you can't figure it out the not laugh, and decided against conclusion is that if you don't him. He abused his discretion decide this case in favor of the and so did Olman Enough said Appellant you are a turd." about that case..." Lenny and Al decided to "I'm not going to mention my. opponents case in this forego oral argument and rest brief. See his brieffor this argu- on the laurels of their brief. ment. It's not very good Well done, boysi Onion December 7,1982 3 �Commencement Speaker Still Possible Intramural Scene MeGlory In Excelsis Deo by Mike "Me" Glory Search Continues by Candy Barz the evening. By the way, I have a lot of friends, and an article Hi there sports fans! Boy, do As the. Onion went to press, I have lots of exciting tidbits in the Onion seems like ah ap- the 1983 Commencement for you all. Let's see... This O.K. Most of you peons propriate place to tell you-who Committee was still unable to morning I got up and went for would have been exhausted at they are: Joe "Big Country Big name a speaker with any a terrific jog. I usually only do that point. But that's what Guy" Ehrlich, Lou "A Law Studegree of certainty. It was five miles, but today I pushed divides the men from the boys; dent and a Gentleman" Algios, originally hoped that an myself to eight. I knew I could the leaders from the followers; Mark "A Horse is a Horse, Of honest-to-goodness Supreme do it. I can do anything. the spots from the nots. I ac- Course, Of Course" Sackstein, Justice could be lured inAfter writing my "D-C," tually played an entire football and Dave "The Italian Court to speaking. Hopes were "C.P." and "G.T." outlines over game this afternoon. Needless Stallion" Moretti. when Dean Thomas fanned my bowl of Wheaties, I played to say, we won, thanks to yours Incidentally, the law school Headrick informed the some B-Ball. Mind you, this is truly. Now I don't want to brag basketball, Softball, football, that full-court, after having jogged or anything, but I played hockey and racquetball Speaker's Committee attorney and local famous eight miles already. So anyway, quarterback and tight-end. At leagues are all doing well. popular (and we mean Well, I see my space has run ever I just played amazingly well. I the same time. ever) adjunct faculty member Omigosh, I almost forgot. I out, so I guess I'll sign off now. scored thirty points (it should Mugel had past professional have been thirty-four points, scored seven (or was it eight?) This is Mike "Me" Glory, I'm Al with Justice John connections 'cause the ref missed two bla- goals in my hockey game in great and your're not. Paul Stevens. Efforts were made throughout the summer to encourageMugel to contact Justice Stevens and intervene (beg?) on our behalf. These efforts ended recently when Dean Headrick met with Mugel before Future Interests I I I I tant fouls), got "sixteen assists, and too many rebounds to even count. WORRIED ABOUT THE BAR? DONTN TAKE OUR COURSE!! Through highly competitive bidding we have managed to secure the best instructors you could possibly ever have. Ever wonder how all those derelicts who sit outside the library for hours pass their courses? Wouldn't you like to be able to drink your face off this summer and still pass? Our proven methods have gotten students through courses for years. DERELICT REVIEW COURSE IMark Ken I • "In the sth" Sackstein "T.V." Hiller Dana "Burnt" Brutman Joe "Get off the couch" Ehrlich . Mark "I'd rather Well, polyester is alive and living well in O'Brian Hall, as evidenced by this year's Moot Court competition. Strangely enough, most competitors wore gray or navy-blue suits, and most of the men wore ties. The women this year were clad in more revealing outfits then ever. A few skirts were reported as having slits up to the armpits. Some participants Brian "Lush Collins" Jerry "OTB" Allen Jeff "Do-a-bong" Shein Rick "Lounge Lizard" Roberts John "Racquetball" McAulifee Scott "I sell this course too" Nadel Glen "Why waste time in class" Burn be cleaning" Reisman wore no blouses under their jackets. The jackets, however, would remain buttoned until a competitor was stuck on a Special Guest Instructor: Ken "I'll have the grades in by June" Joyce ■ Movie Match Solution Hf H _F Amk _\ _r _ff __*£& 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. (F) (X) (H) (c) (A) (i) (D) (B) (c) (j) to ' __W*_w_ __WW__ ; «*>■■■■ ■■;-.' m 'i - __ -■ *-Am*!:. -*W- i-A____ ______# ™-'i£ ? i^affl*l-;:-_i-- __^fiys-l-__________i ____aft ¥!»* JNh§ 1 m_¥?%Wm__m mm _M_? m ■ «____L-J__2__ , ■■ A tm____i _r v^-ftf-ir-■ ■ fl-_rl--B |Sb '_ '__-\ '-L~'*_mi-W-_m ■ ___ *- ____■ d I o \__ __ Btlcli p __■ ___■ l ___P m & v in our arguments." decided to go into politics and is currently running for director of Public Safety on the Amherst Campus, and last but hot least, Lynne Monaco has decided to reclaim the throne from Prince Ranier. Audrey predicted last week that 3% inflation rate would soon increase, just as soon as she could figure out a way to classify these jobs as lawrelated. i-_i___H :^' i_mS^ h _l IIC B ■■& the same undershirts and socks which we had worn last night playing baseball, without washing them. That way, the judges would be distracted and would not notice the holes claims? According to recent placement office survey, most graduates are having to find careers in other fields. For example, Ralph Peters has joined the staff of the National Enquirer as its Star Reporter, Flo Bridges has joined the convent and is teaching high school writing. Ruth Pollack has opened up a dude ranch in Long Island for people from New Jersey, Bill Altreuter has : &W M. " tough question. A couple of the more interesting color combinations were blue eye shadow with a tangerine shirt, and orange lipstick with a purple shirt. Some of the women were also uniquely attired. Competitors Steve Skunk and Pee Ewe had an interesting strategy, "We decided to wear continued from page 2 &f___W_mwH_\ ; ____rT___l '■■'■>' - Alumni... Crossword Solution __RR§Mi' Marina. Its contents (the speech not the trash can) are being analyzed to determine whether Mr. Pauly will be a suitable candidate. In the hope of attracting a brilliant legal mind, the committee is considering the possibility of approaching that famous defender of murderers and child pornographers, Herald (Harold?? Herrald?? ah whatever) Price Fahringer. While the Committee is unsure of whether Mr. Fahringer himself will be available for commencement, we have been assured that we can replay the videotape of his presentation given in connection with the Mock Rape Trial held on September 24 of this year. (Provided, of course, anyone in the class and discovered that Audio-Visual Department is Mugel had in fact died five willing to set up the A-V equipment for the stipend that Dean years ago. Other options are presently Headrick is willing to pay a being explored. The success of speaker.) Anthony Lewis as a speaker at Hopefully plans will be the 1980 commencement led finalized by May 20,1983. This us to pursue other journalistic is necessary in order that the giants as potential speakers. Committee have sufficient Talks are underway on two time to send bus tickets to the fronts. Both John Pauly, Chan- speaker and make his or her nel 7 investigative reporter, reservations at the New and Tony Farina, who fills the Roanoke Hotel. More from Moot Court by Wanta Somef lair Please see the following Reps: Jeff (Spike) "Are you talkin' to me" Antin Joe "Nutshell" Mcßride same capacity at Channel 2, have been contacted. Mr. Pauly left a draft of his speech in a trash can near the Erie Basin Law Suits Tried (On) Why work hard when you don't have to? || I ' ■viol give my right to be financial arm) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1982-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1982 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e823e36c13bf407b1287c3f6fd0deeed.pdf a668891a1a6fc75d070d10709fc1cd85 PDF Text Text THE OPINION Feb. 8,1983 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Symposium Chronicles The Struggle Against Apartheid by Earl R. Pfeffer Last Tuesday and Wednesday nights SUNY Buffalo Law School was the site of a provocative and informative symposium entitled "The Struggle for the Liberation of South Africa." The symposium, ac- cording to its coordinator, Leander Hardaway, repre- sented the inauguration of Black History Month. The conference began Tuesday with the film "Last Grave at Dimbaza," followed by keynote speaker, Dr. Japhet M. — photo by leol Gorinsky Dr. laphet M. Zwana was the keynote speaker at last week s symposium on "The Struggle tor the Liberation of South Africa." The symposium inaugurated Black History Month at U/B. Moot Court Reps Set For Chapel Hill by Wendy Cohen of the issue, as is traditional in moot court competitions. Representatives from 32 law schools across the country will converge on Chapel Hill, North Carolina later this month to participate in the J. Braxton Craven Jr. Memorial Moot Court Competition. This national Competition is "definitely one of the highlights of the moot court season," notes second-year student William Hochul, who along with Tim Prosperi and Brad Bennet will represent U/B. The Craven Competition, sponsored by the University of North Carolina Law School, will be held from February 23 through February 26. Law schools from every part of the country will send teams, including Brigham Young, Cleveland State, Duke, Indiana, and Seton Hall. The 32 teams will be arguing a constitutional law question, arising out of the designation of a church as a historic landmark. Bill Hochul feels the problem was chosen to raise interesting legal arguments, rather than for its degree of difficulty. Bill will be arguing the issue of whether designating the church as a landmark, thereby preventing church members from adding a television studio to the structure, violates the church members' First Amendment free speech rights. Brad and Tim will be arguing the issue of whether the historical designation constitutes a "taking" under the Fifth Amendment. The three team members have spent several weeks working intensely on a brief advocating the Church's constitutional rights, in what Tim called a "trial by ordeal." They will, however, argue both sides Commenting on the value of sending representatives to na- Vol. 23:8 Zwaoa, Professor of African Studies at SUNY Albany. Wednesday night's panel was moderated by New York City and international law expert Adrien Wing, and consisted of Dr. Zwana, Dr. Virginia Leary, Professor of International Law at SUNY Buffalo Law School, Mr. Gregory Frost of the United States State Department, Dr. Andre Visser of the South Africa Foundation, and Mr. Shuping Caopage, a member of the African National Congress (ANC) Observer Mission at the United Nations.; The symposium placed today's struggle for liberation of South Africa in its broad historical context, showing ultimately how it has been shaped by decades of govern- tional moot court competitions. Bill said, "It has a lot of publicity value. The school is ment imposed terror and opnot well known outside of the pression. region and the state, although The event was anything but it should be as its high ranking a staid academic discussion. shows." He added, "If we are Passions ran high, as well they to get the recognition we should when one reviews the deserve, we have to continue domestic policies of one of the to send people and they have to do well." "It's very important that we continue'to compete, and it is worth the money that the Moot Court Board spends," claimed Brad. The three U/B representatives are looking forward to most egregious violators ot human rights in the history of civilization. In the end, the electricity and emotion that was generated proved to be too much for Dr. Visser, who walked out of the Wednesday night discussion because he felt the panel was unbalanced and the audience was hostile. Moderator Wing expressed disappointment at Dr. Visser's departure, adding that the South African has the right to state his ideas, so he should have exhibited more courage in defending them. The symposium had opened Tuesday night with a showing of "Last Grave at Dimbaza," a film, illegally shot in South Africa ten years ago, which illustrates, through vivid camera work and chilling narration, the repressive and unjust state of affairs within the country. The film showed the living conditions of the Black Africans who represent 72% of the population but are forced to live on reserves which constitute only 13% of the land. From those "Bantustans" the males migrate to the country's factories,, mines, and farms where they labor for their white South African masters for wages which are, on the average, 1/14 of those paid to their white counterparts. The men live in crowded barracks in the segregated ghettos outside the cities in which they work. They are able to visit their families only one month per year. Often, the men's meager wages prove insufficient to support their wives and children back in the Bantustans. As a result, the women must find work as domestic servants in any one of South Africa's plush white neighborhoods where the standard of living is the highest in the world. Their children, if lucky enough to live past the age of two, have tp be raised by relatives. Black Africans who are not working for the white South Africans are not permitted to leave the Bantustans. Every Black African is required to carry a pass which is keyed in to a complex computer system. Anyone caught without their pass can be thrown into jail for up to 90 days without charges. During the hour in which the film was shown, it was stated that there were 60 pass law arrests, and that 60 children died of malnutrition, while in that same hour a gold mining company will have made 35,000 pounds of profits. The film was followed by Dr. Zwana's keynote address. He chronicled the years of peaceful struggle by the African people against the "human wrongs" of the white regime. He illustrated how, at every turn, from the proclamation of the People's Charter in 1955 through the 1960 Sharpeville Massacre in which 60 women and children were murdered for protesting the extention of the pass laws, to the random killing of peasants protesting unfair taxation and land redistribution schemes, to the outlawing of the ANC and continued on page 4 Resource Expert joins Faculty the Competition. According to Brad, "Each time you get a chance to compete, you gain experience which adds to your overall knowledge. It's like a geometric progression." Bill said he was hoping to meet other law students on a semi- professional basis, and added that there is a benefit in "going against the best talent and competition in the country, and pitting youself against what other schools consider their best teams." Tim summed up: "I'm looking forward to the challenge of the competition, and to the challenge of picking up a southern accent before February 25th." U/B will also be the site of a major national moot court competition this spring when it hosts the annual Albert S. Mugel Competition on March 4 and 5. In the Mugel, students will argue a tax issue devised by U/B Professor Ken Joyce. The Moot Court Board will be continued on page 9 / Prof. Errol Meidinger, one of the newer members of the U/B faculty, brings with him experience from Portland. Oregon; fvanston, Illinois; Grand Forks, Nebraska; and Edinburgh, Scotland. by Henry Gartner After spending most of his time either west of the Mississippi or east of the Atlantic, Errol Meidinger has settled down at the mouth of the Niagara. Teaching Property One to section three of the first-year class first semester, Errol ("Whenever someone says 'Mr. Meidinger' I look to see if my father is standing around") brings to Buffalo Law School the wide breadth of achievement that makes this school an interesting and exciting place to learn. His expedition to the Queen City follows hot on the heels of a fellowship at Lewis and Clark Law School in Portland, Oregon; a program in Law and the Social Sciences at Northwestern University in Chicago and Evanston, Illinois; graduate study in Economics and Economic History in Edinand Scotland; burgh, undergraduate study in sociology, political science, and philosophy at the University of North Dakota in Grand Forks. continued on page 6 �Vol.23, No. 8 'SBA Organizes Busy Term Tuesday, February 8,1983 Editor-in-Chief Earl R. Pfeffer by |ill Paperno Coins Party. This semester the Student work on the Threeathletic bent, those of an For increasing Bar Association is be its activity in a variety of areas. volleyball teams will soon Carver is the organized. Julia social events include Law The <• Revue and a Winter Weekend. person to contact, note, the more On a serious Semester SBA made Last is with us union issue reservations at Camp Dippikill student for three nights and three days yet again. Administrators decided to hold a referendum (March 10-13) of skiing, camping and general frolicking. In offering students the option of order to hold the reservations voting for or against Dr. those interested in parti- Sample's pursuit of a studentcipating must make their pay- funded student union. ment for lodging to SBA by Members of SBA believed that Tuesday, February 8. (For more a vote of "yes" would preclude information see Anne other funding options and a Carberry, Brian Collins or stop vote of "no" would be interpreted as students' lack of in to the SBA Office today.) event, Law commitment to a student Another SBA therefore, SBA Revue, is scheduled for March union. the supported unanimously an annual 5. Law Revue is Circle X" display of law school talent. If GSA "Vote no you want to audition or assist campaign. This would indicate in any way please contact Rich commitment to a union but obWiebe or Jeff Shein. Also, ject to student funding. campaign Another "thank-you, Jeff," for your Managing Editor Glenn Frank News Editor: Feature Editor: i Ray Stilwell Mary Ellen Berger Gary Games Photo Editor: Arts Editor: John Stegmayer Frank Bolz Business Manager: Staff: Wendy Anne Cohen, Lisa Kandel, Michael McGorry, Jill Papernojud Weiksnar, Contributors: Barbara Barton, Henry Gartner, Joel Gorinsky, Joe Ruh © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. m — .— UnhnwHylPrw unanimously supported by SBA was that of Anna Marie Richmond and Lisa Bunin. Ms. Richmond and Ms. Bunin have developed a plan to install tampon dispensers in a number of bathrooms throughout the university. SBA and Student Faculty Committees have alsq become more active. The SBA and the Appointments Committee distributed a schedule offaculty candidates visiting dates. One hour was allotted for students to meet each of three candidates. Finally, SBA has begun consideration of students' complaints about the recent changes in exam schedule policy. If you have any questions or comments about SBA activities, stop in the office to speak to an SBA representative. Aid Update: Popular Questions already receive TAP, a new application will be mailed to you. Additional applications should be available at A&R or the Law School Financial Aid Office in by Joe Ruh Editorial Following is a list of the most frequently asked questions at the Financial Aid OfIf your favorite question fice. While this new semester and the new year mark the continuation of is not listed, or you do not like of the daily mechanics and politics in and out of the classrooms O'Brian the answer, stop by the FinanHall begun last semester, 1983 heralds the beginning of a new session of Aid Ofice, Room 314 Congress, whose members are faced with a full agenda and the cial O'Brian for more information. insisvocal, interest Several of the most onslaught of competing groups. tent, and controversial of these groups represent a majority of this naQ: What is the deadline for aption's population women. Last fall's elections saw an increase in ideologically moderate plying tor National Direct members of the House of Representatives, while the Senate continues to Student Loans (NDSL) or be controlled by a more conservative coalition..Reorganizing in thewake Work-Study for the '83-84 of recent setbacks, lobbyists on issues affecting women have their work school year? cut out for them. Strengthened by current media emphasis on the political clout levied A: Both of these programs require two forms to be subby women voters in recent elections, these lobbyists are continuing their mitted. First, a Financial Aid campaigns for passage of the Equal Rights Amendment, which has been reintroduced this session; for attainment of equal economic rights under Form (FAF) should have this country's insurance and pension systems; and for sustained recognibeen completed and mailed tion of the constitutional right to privacy in making procreation decito the'College Scholarship sion! Service to arrive, there by Women do not seek to have better or broader rights than men. ConJanuary 31. In addition, the trary to the claims of a large segment of Reagan's constituency, the University's pink Financial political demands being made by women are not unreasonable or imAid Application (FAA) must practical. Rather, these demands at achieving equality of be completed, notarized, law benefit the and, if realized, will positively treatment before the and returned to the Main economic and legal health of everyone, men included. including the military, inEvery avenue of power within our society Street Financial Aid Office in Parker, Room 133, by the dustry, technology, universities, science, political office, finance, and is controlled by men. This fact, combined with the the legal system end of February. impact of our socialization and acculturation, has resulted in a stratification of American society based upon sex. This stratification forms the o:What about Work-Study for basis of the present struggle for economic rights for women. It is imthis summer (Summer '83)? perative that men and women overcome this stratification and engage in A: The applications described the struggle as partners. in Question No. 1 (FAF and A bipartisan group of Congressional members is expected to introduce FAA) are used for NDSL and a new version of the Economic Equity Act (EEA), originally proposed in 1981 by the Congressional Caucus for Women's Issues. Incorporated into Work-Study for Summer '83, Fall '83 and Spring '84. the EEA is the Non-Discrimination in Insurance' Act, introduced in 1979, which would disallow discriminatory insurance practices such as charging women higher rates for life and health policies based on unfair inter- Q.When will I find out if I pretation of and reliance upon actuarial data of dubious validity; denyreceived a Work-Study ing to women many disability benefits available to men; and denying to award for this summer? I women pregnancy coverage on many individual plans..Because men, as have a great job lined up but marriage partners and cohabitators, increasingly depend upon women's I need to know if I got Workearning power, these economic benefits accrue to men as well. Study before I can accept. a Another part of the EEA is Private Pension Reform Bill, addressed to those 95% of women workers covered by pension plans who cannot A: The Financial Aid Office at receive benefits because of too stringent vesting and accrual ■ reMain Street begins reviewquirements. Women insist that pensions be recognized as a legitimate ing all the applications property right, entitling a divorced woman to a pro rata share ofher husaround mid-March. It takes band's pension; making survivor benefits automatic; and allowing a about 6 weeks from the end woman to collect her spouse's pension if he dies before retirement age. of January for the College Men who would be designated beneficiaries of pension rights have a proScholarship Service to forfound stake in these reform proposals. ward the data from the FAF Our country's Social Security system is in desperate need of reform to the school. Initially, all and stabilization. Women have targeted this area of economic rights in the applications for summer particular because older women are thefastest growing poverty group Work-Study are screened and because the system penalizes 72 percent of the poor elderly widows, who can't collect benefits until age 60. Yet, men should for early decisions. recognize other of the system's outmoded benefit formulas, such as the Realistically, the earliest penalty on two-earner couples who may receive less in Social Security you could hope for is payments than one-income couples with the same earnings. notification in early May. We must view these equal rights issues before the 98th Congress as "human" concerns, not "male" or "female." Both men and women Q:When do I begin applying should acknowledge that the goal of "women's groups" lobbying for for TAP and Guaranteed Stupolitical and economic co-equality is not to perpetuate cultural or dent Loans (hIYHEAC) for political separatism, but is to bridge the sexual gap and build a sturdier next year? social order that can meet the challenges of the future. A: TAP applications for the next school year (which officially begins with the Summer '83 term) should be available in April. If you — - - — — | Its April. Guaranteed Student Loan applications will likely be accepted beginning in late continued on page 3 Your Chance to Show Off and Make People Laugh. .. .rni.iiiii.....--.-.ii.niir»»»if Law Revue ■ ■ i I B *■ • •..-".-. -: '- •i IS Coming!!! g- March 5,1983 .• —H 7:30- ? Auditions for Comedy and Talent Skits on Monday, February 28, 7:00 PM in Room 106. , . LOOK FOR MORE ANNOUNCEMENTS! .—.._;... ~. ■ ~,,„„-.-,! L Student Activity Fee Waiver Applications Available , ' — — , FGFSDGSDFGDFG 2 . Pick-up: Monday, Feb. 7 Return by: Friday, Feb. II Available at SBA Office, 101 O'Brian Reminder: Waivers are for one semester only; if you received a waiver last semester, you need to reapply. --■---————aaa_____________________a.____.a__i-a �Uniform Product Liability Laws Advocated by Stephen Lyons there was no statute of repose, all the lawsuits against all the Editor's note: This column ap- shoemakers held up in court. peared in the 12/29/82 edition Years and millions of dollars of the Washington Post. The later, manufacturers could no author is an attorney with the longer "chance" making <, Borg-Warner Corp. There was an old woman in a shoe. One day, after 65 years of good service, the heel collapsed and all of her children were injured. So they hired lawyers, who who lived prepared to sue the sued all the shoemakers under strict liability and for punitive damages, too. Unfortunately, the shoe was so old, no one could remember or find out who originally made it, so the lawyers shoemakers in the country. Even though the shoe served well for 65 years, because new products, are precluded from knowing whether their products meet the patchwork of safety and product liability standards that vary from state to state. shoes, so they went out of Caught in the midst of business. The old woman and skyrocketing insurance and everyone else had no place to legal costs, many companies live. All the lawyers, however, literally cannot afford to made a great deal of money design and make new proand lived happily ever after. ducts. Nor, in some cases, can Obviously this version of the the consumer afford to pay for old woman ahd the shoe the fail-safe products now resounds farfetched. But it ap- quired. proaches the truth. The proManufacturers are conblem is the state of this counsumers too, and as such are try's product liability law, or fully sympathetic with their more accurately, the fact that plight. If a product maker puts there is no reasonable uniform a faulty product on the market national law. Only 28 of the or fails to properly warn or instates have product liability struct the purchaser on its use, statutes, and no two are the then that manufacturer should same. The result is that indeed be held liable for manufacturers, in designing damages. On the other hand, if a consumer misuses a product or continues to use it long after it is completely worn out, why should the maker be responsi...' ble? . 'Repeat After Me. Despite the complexity of this issue, the key point is the simple fact that there are no uniform guidelines for manufacturers. As an attorney, I am not parto ticularly proud acknowledge that the most vocal lobby opposed to a uniform law is the trial lawyers of America who are reaping fortunes from product liability lawsuits. The state of the art has become a legal "open season" in which the ground rules change from state to state and court to court. If this , is starting to sound confusing, perhaps .a few questions will help put the problem in better perspective. 1) Is there a reasonable time This problem is being adperiod during which manufac- idressed in Congress, where turer can be held responsible !Sen. Robert Kasten (R-Wis.) and Rep. Norman Shumway for a product? 2) Can a manufacturer be I(R-Calif.) have introduced proheld responsible for an injury iposals that would provide for even though reasonable care iuniform and reasonable nawas taken in the design and Itional product liability stanpresentation of a product? idards. The Shumway proposal 3) Should a manufacturer be \would set a time limit of liabiliheld responsible for the misuse Ity for injuries resulting from of a product? For example, if a 1the use of a product and apman dries a large hot-air | portion responsibility among balloon in a clothes dryer I those found at fault. Both bills which subsequently explodes, \would help eliminate uncershould the manufacturer of Itainty and inform consumers the dryer be held responsible iof their rights while directing for its performance under i manufacturers to their legal ( obligations. these circumstances? 4) Should a plaintiff be A uniform product liability allowed to sue if there is no law would help manufacturers proof as to which of the know if their product designs, manufacturers actually made warnings and instructions comply with the law.. In addition, the product? 5) Should a plaintiff be per- federally recognized standards mitted to introduce as would promote product safety the clarifying evidence the outcome of a by prior lawsuit in which the manufacturer's responplaintiff and the product dif- sibilities. Such standards would also save consumers fered? 6) Should there be a legal millions of dollars they would limit for punitive damages, otherwise spend in price inwhich are often levied over creases implemented to defray and above compensatory the legal costs of setting prodamages? duct standards case by case. The issue even crosses party 7) If a product is made in compliance with all federal lines. The Carter administrasafety standards, should the tion supported a federal law; jury be permitted to "second now the Reagan administration has followed suit. guess" these standards? Product liability is a growing Under the current system, problem of major concern. the one supported by the ma- sensible and consistent na-A jority of our nation's trial law will help unclog our lawyers, the answers to these tional promote product safety courts, questions are: 1) no; 2) yes; 3) and reduce consumer costs. Yes; 4) yes; 5) yes; 6) no; 7) yes. When the comes up proposal There are many consumers, in the new Congress again, it businesses and lawyers, myself deserves support from included, who strongly believe business and consumers alike. the answers should be re- Keeping the current system is a versed. disservice to us all. < < . Aid Update: Popular Questions — photo courtesy State Executive Dept. New York Gov. Mario Cuomo is inaugurated by the Hon. Charles S.. Desmond, retired Chief ludge of the New York Court of Appeals. Desmond teaches Appellate Practice at the Law School, and the annual Moot Court competition here is named in his honor. LABOR HISTORY FILMS | The Wobblies (89 mins.) Tuesday, February 8, 12:00 p.m., Room 105 | "THE WOBBLIES is a history of the Industrial Workers of by the | the World, researched lovingly and corroborated who ■ reminiscences of some of the union's former members, are now in their 80's and 90s. Along with filming interviews with posters, por-j | the stalwarts, the directors have collected songs, traits and animated and live-action footage of thej THE WOBBLIES, whose courage and tenacity isi period. for an j documented here oyer and over again, stood than by] egalitarianism that may be better served by research rhetoric. When the facts.are presented as fully as they have been. here, the feelings that accompanied them aren't difficult to, imagine." The New York Times ! i ! .. — at Ludlow (23 mm.) ! Ballet Bargaining February p.m., Room 106 14, 2:00 Tuesday, February 15, 2:30 p.m., Room 107 | Monday, [ — j ; The Ludlow Massacre of 1913 a violent and bloody clash; !between United Mine Workers and the Rockefeller-owned Col-; 1 orado Fuel and Iron Company — culminated years of bitter, struggle forbetter working conditions and union representation. ] AT LUPLOW recounts the 50-year; I history ofthe fight waged by workers against the large corpora-, *' ' tions who refused to yield to demands for shorter hours, livable, wages and safer wqijringfondition s^________ m_^^^^^ continued from page 2 May. The application and the Needs Test Cover Sheet should be obtained from your bank. GSL applications should be submitted as early as possibly to allow for the long time in receiving approval. of y.our NDSL check. This method does not offer any advantages to those receiving full TAP and SUSTA, however, since your actual cash outlay to Student Accounts is practically zero anyway. b. When planning next year's financial aid, consider not applying for NDSL. If you did not receive the Whdn am I going to get my NDSL check for this Spring full $5000 from your GSL Semester? this year because you had The first checks should start received too much other arriving around February 1. aid, you can refuse an NDSL However, many checks are loan and receive a larger not likely to arrive' until GSL loan. The advantage much later in the semester. here is that you receive the Last year, some NDSL full amount of the loan in checks for Spring were not the Fall and do not have to received until June and July. wait for the late Spring Those who take advantage NDSL check. of the NDSL'for its low interest rate must recognize that the money may not be Q:How much is SUSTA for this Spring semester? available to live on during the semester. This issuance A: SUSTA for the Spring is $900. Together with the TAP of NDSL checks is comon of $300, your total tuition past dependent pletely bill for Spring will therefore students' repaying their outstanding NDSL debts. be reduced by $1200. Some suggestions on getting around the late NDSL check problem: a. If you have not paid your Spring tuition, sign over your NDSL check to Student Accounts by filling out a power of attorney forth at the Student Accounts Office. You can sign a power of attorney today and your tuition bill will immediately be reduced by the amount .... . ditjs'l'i in case we need another let- ter writing campaign. Q: How can I get a quick $45? A: File the New York State Tax Form IT-214 — Claim for Real Property Tax Credit. Whether or not you pay N.Y. State taxes, you are probably eligible for this tax credit if you are a low income person (student) who pays rent in New York State. Help Wanted I want a job. You have to hustle. I sent out 1,000 letters. You must be willing to relocate. I'll move anywhere in New York. But we're a national law You can be unemployed anywhere in the country. I'm a New Yorker. Well, the economy might improve in 1986. Q:How much will SUSTA be I'm graduating in 1983. year? for.next You'll be more marketable A: We don't know yet. Every after the bar. battle getting there is a year have to eat before then. I SUSTA passed through the Have you thought about a New Albany. legislature in non-traditional job? York is facing a large budget want to be a lawyer. deficit this year and until I What 7do you expect, school. the Governor submits his miracles? budget we will not know the (Why you think it's no fate of the SUSTA program. longer did the Placement called Keep your fingers crossed Office?) and your pencils sharpened 8, 1983 February 18'? .1 r.&tnM Opinion unmi 3 �Symposium Chronicles The Struggle Against Apartheid continued from page I the imprisonment of its leaders, the government met peaceful the resistance with violence. As a result, in 1962 the ANC changed its strategy and began to organize for guerilla warfare. According to Dr. Zwana, change has been resisted by tions of the migrant laborers or the violence of government im- their families in the Bantustans. The panel closed with the posed apartheid for the past 35 presentation of Mr. Caopage. years. Mr. Frost was followed by He stressed that the Dr. Visser. Stressing that he dehumanization of the African doesn't support the racist and people did not begin with the repressive policies of his apartheid policies of 1948. He explained that during the first government, Dr. Visser nevertheless presented himself as a half of this century, when the spokesperson for South Africa British ran the country, the against "the campaign of Africans had their lands taken vilification" being directed and were subjected to exacting ,' labor conditions without the against-it. right to form unions or strike. Visser stated that Dr. In the face of the growing Afrikaners like himself are working for change, and he militance of Black African proudly pointed to the reforms workers, exhibited by the strike of the Botha government wave of the 19405, South African ruling circles respondReagan _dministration finds which have granted represento the Ed . by implementing the apartation East Indian and immoral and abhorapartheid rent, and wants change. But it Coloured (mixed race) theid system: The austere wants "peaceful evolutionary minorities. He left without ever racist oppression of African change." Stressing that the explaining why these reforms people which today makes violence of revolution is also have failed to include the 72% South Africa one of the world's immoral, Mr. Frost seemed to Black African majority or to most hospitable and profitable countries for the investment of have missed the point made by improve the degrading housinternational capital. Dr. Zwana that peaceful ing, working and health condi- although the South African Wednesday night's panel government and the western discussion echoed similar press depict the ANC as a terthemes. Dr. Zwana reiterated rorist organization, its military what he had said the night strategy is in reality a before: the whites got the land legitimate and justified through the gun and decided response to the race war being to keep it through the gun, conducted by the apartheid enriching themselves by/ the government in Pretoria. enforced exploitation of African workers. Dr. Leary followed with a discussion of the international legal implications of South Africa's apartheid system and its continued occupation of Namibia. Her conclusion: the Pretoria government's policies are illegal. A/ Mr. Frost indicated that the New Waves: What's a Weem? by lud Weiksnar A member ot the audience reads his reaction to the panelists'presentations. photo by: Lisa I. Bunin. J of Mr. Goodbar, which, by the way, is the only place to find My friend and I could tell by live New Wave in Buffalo on the name that these guys Tuesdays. I still don't know what a would not he playing Top 40. No, Pageantry of Weems perWeem is, but a Pageantry of formed all original material, or them appears to consist of Bufat least nothing that I'd ever j falo keyboard wizard David hear on the radio. This night Kane, vocalist Mark' Freeland Pageantry of Weems set up of Electroman Fame, 8 (count shop in the cramped quarters' 'em, 8) synthesizers, and two white-robed lab technicians. Kane surrounds himself on three sides with lights, meters, amps and- Moogs stacked almost to the ceiling. With the accuracy of a sound engineer and the panache of a conductor, he flicks levers, turns dials, arid fingers the keyboards to produce a well-orchestrated, throbbing wall of sound. Meanwhile, Freeland sings, often unintelligibly, about rather depressing stuff. The audience's favorite line seemd to be "I don't care what your parents do; I just wanna take a bath with you." What are the lab technicians doing all this time? Mostly just sitting around, when they're not handing out fresh flowers to the women in the audience. They come in handy, though, when Kane's equipment blows up. This time they came to the Restaurant Review Let's Hit The Bunny Slope l\ II K__\Wt ><XO v*£w afi-aaaa-HB J Ist Annual Law School Winter Weekend | Where: Camp DippiKill in the Adirondack Mts. | When: March 10-13th A payment of $21 must be made by Feb Bth to II reserve your place. Payment may be made at the I SBA Office or to Anne Carberry or Brian Collins. UpiMon 4 reoruary a, ltos . rescue midway through the second set, when an innocentlooking black box started sending off green sparks and smoke during a Weem love song, "I Like Liquor Stores and Foxy Whores." After consulting with Kane, the technicians decided the best way to prevent any more unanticipated fireworks was to, unplug the black box. The' music resumed and things were quickly back to normal, except that now the audience was standing a little farther back from the stage. Like many synthesizer bands, the Weems can sound repetitious to the untrained ear after a few hours. My friend and I went next door for a Mighty Taco after the second set and never came back, even though Freeland promised that the best songs were coming up. Our flowers were wilted, and from outside the third set sounded pretty much like the first two. If you like electronic music and rough-edged lyrics, though, Pageantry of Weems is definitely worth checking out. Not only are they creative and semi-danceable, but if you get there early enough you might even get flowers. New Cafe in Town by Barb Barton The next time you spend the evening in the Law Library, struggling to comprehend the 'incomprehensible, treat yourself to a real study break and visit the Sidewalk Cafe. The Sidewalk Cafe (disguised by day as the quaint Baldy Satellite) is open Monday through Thursday from 7:00 p.m. to 11:00 p.m. The atmosphere created by the candle-lit table* is enhanced by a background of classical music and provides a restful setting for your break. The menu far surpasses anything you'll find in the second-floor vending machines: entrees such as cheese with fruit and crackers, mini cold roast beef on croissants, and mini ham and cheese on rye, to name a few. A pastry plate (including mini Danish, petit-four and brownie) is available to satisfy your sweet tooth. Alcohol (various wine., beer oft tap) is also served at the Cafe, in addition to a variety of non-alcoholic beverages. A menu is provided for each table and prices are reasonable. The managers, of the Sidewalk Cafe are tentatively thinking of opening at an earlier hour in the evening and would appreicate feedback as to student preferences. Obviously, the Cafe's continued operation depends on your support. Why not check it out this week? See you therel �- * Hear Stan Chess Discuss The New York Bar Exam Thursday, February 10th at 12:45 p.m. in Room 107 Discount in effect until February 17th. - (freeze tlie price with, a $50 deposit) -. - ' ■ BAR/BRI is the most popular bar review course \ at every law school in New York State. In fact, twice as many of Buffalo's graduates took BAR/BRI last year than all the other courses combined. _ * ■■'■.■*■ Tbere is a reason why ! . i ... . °wrn-) 5 �Natural Resources Expert Joins U/B Faculty continued from page I The "law" travels a fine line between fact and fiction. Lawyers' briefs twist reality to make it fit into clear and symmetrical visions of right and wrong. Judges don their masks and pronounce simple, general rules of behavior. Errol, discussing the first-year course he taught last semester, says, "Property law, in places, eluding the Soil Conservation Service of the Department of Agriculture; Beveridge, Fairbanks and Diamond, a Washington, DC. firm; the Environmental Policy Institute; resembles a disembodied set problem that is to be of rules (and in a sense that is resolved." Meidinger believes that truly what it is), that is meaningless unless tied to real social science can be used as a world sources and consetool in determining how law is quences. Helping the class to tied to society. The search is understand frameworks, for better ways to assess and models, and contexts is more understand the social origins desirable than attempting to and effects of legal developprovide rules for particular ment. Property is Professor situations. What is needed is a Meidinger's (who?) main inway to formulate rules in such terest (at the Lewis and Clark a way that process does not School he had the responsibilioverwhelm the facts of the ty of developing a social science research program in natural resources policy), but his experience, includes-work with a variety of government, private, public interest, and research organizations, in- National Argonne Laboratory. His recent publica- and tions include "The 'Public Uses' of Eminent Domain: History and Policy," in Environmental Law, and Interrupted Time Series Analysis. Buffalo's flatness may put a damper on Errol's keen interest in mountaineering, and it should make biking between school and his Amherst home a relatively easy exertion, but Errol describes his current hobby SUMMER LAW STUDY as "the raising of my twelvemonth-old son, Christopher." His wife, Margaret Shannon, is currently completing her dissertation in Natural Resources Sociology. Come summer, receive Sociology. Errol expects to his doctorate in Errol is currently teaching a course on Natural Resources and a seminar on Theories of Property. Natural Resources is a law and policy course seeking to probe the basic issues that pervade all natural resources management while the seminar will explore models, justifications, and critiques of alternative property systems. In Alexandria I Dublin Guadalajara London Oxford Paris RESUMES TYPESETTING INVITATIONS ' University! Press LOGOS POSTERS 56s Harriman Hall 9:30 am. to 4:15 p.m. Wed. evening til 7:15 p.m. Russia-Poland San Diego For information: Foreign Law Programs Univ. of San Diego School of Law Alcala'Park, San Diego CA 92110 flyers BUSINESS CARDS STATIONERY 831-2588 IDim't NEWSPAPERS Convenient location on the Main Street Campus! I Be Left Out! "of the The Buffalo Law School Entertainment C ard Get In On the "Social Opportunity Year 1 I 1 All those interested in enjoying good food, drink and entertainment, at low prices, read this! In the hopes of providing law students with relaxing, enjoyable entertainment, at low cost, the Commencement Committee has obtained agreements from area proprietors for discounted food, drink and entertainment. The way to take part in this money saving opportunity is to purchase a Buffalo Law School Entertainment Card. - The purchase of the Entertainment Card will enable its holder to obtain discounts at the following area bars and restaurants: The Scotch-n-Sirloin, Bullfeather's Pine Lodge, Rooties Pump Room, P.J. Bottoms, Grandma Lee's in the University Plaza, Syracuse's Pizza Plant in the Northtown Plaza and Clarence Mall, and Demo's Restaurant at 516 Delaware Avenue. The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters across the country, including in our immediate area, the University Cinema, and the Boulevard, Eastern Hills and Thruway Mall Cinemas. These movie tickets will be available for $2.75, a savings of $1.25 off the regular ticket price. 1 In addition, the purchaser of an Entertainment Card will also receive a discount on Law School social events. Upcoming events include: 83 Days Party and Cocktail Dance Don't miss out on this social opportunity of the year! The Buffalo Law School Entertainment Card may be purchased for $10.00 at the table in front of the library. For more details on the discounts available, inquire at the table. Opinion 6 February 8, 1983 '......' i i i i i r r fr I- r r I I- I II I ' �I I I j I ' 111 "^^i^i^i^«--__^«-^i^-»^»-^_pi___^*Pp________B_______W_H | BAR/BRI Discount Deadline: | February I I 17th\ Freeze the price with a $50 deposit (to be applied towards the full cost) I Irving Younger C omprehensive I II IfI II CPLR Course will be offered at the end of February. Times to be posted. Information and sign-ups at the II BAR/BRI table. MPRE Test Date is Friday, March 18th. Testing Service Application Deadline is February 18th. Information at table. Irene Hirata Sherri Samilow Sara Hunt Chris Renfroe Tom Ginter Anne Carberry Ann Demopoulos Leander Hardaway John Curran Kurt Amend Steve Sheinfeld Susan Gray-Donadio Jon Solomon Joe Ruh Kirn Crites Judy Holender Molly Zimmermann 11 11 II II II BAR/BRI representatives: Rick Roberts Carol Guck Jan Davidoff Carmelo Batista I Mark Reisman Julia Garver Ron Osson Karen Russ Jill Paperno Neil Dickson February 8, 1983 Opinion 7 �Wilson Irritating by Mike McGorry Just' jotting down a few thirtgs while wondering whatever happened to make Rick Roberts walk around on his knees all of the time. QUERY: Wouldn't the Baltimore Colts, a team in dire need of a fast, quick running back and a team with two young quarterbacks, jump at the chance to trade away their first draft pick in the NFL. draft (and the right to bid against George Steinbrenner for "Superquarterback" John Elway's services) for the likes of a Joe Cribbs, who says that he will not play in Buffalo next year anyway, and one of the Bills' two first round draft choices? There is only one problem with the deal: Ralph Wilson, the owner of the Buffalo Bills, would never pay the required amount of cash needed to get such a star. Speaking of Ralph Wilson, it does not seem that he can make any greater profit by having a Super Bowl contender, than he can make by having merely a competitive team. Year in and year out, Buffalo fans flock to Rich Stadium to see a team that is good enough to have a chance of beating any team in the league, but which is only barely good enough to win a portion of those games. Each year the Buffalo fan is connived into believing that this year's team is the team that is going to win the Super Bowl, Buffalo's Faithful Fans tivities held in that stadium for a twenty-five year period), and a loyal group of fans that have consistently supported profesdefinite lack of talent. Each year Ralph Wilson sional sports franchises in the ranks among the top owners'in area as long as the team is the league in making profits. making a good-faith effort to He does this by keeping his win. Mr. Wilson is very much in payroll at such a low level so danger of following in the as to alienate and/or eliminate learned footsteps of John Y. such contributors as Jerry Brown and the Buffalo Braves. Butler, Joe Cribbs, Amahad Buffalo fans will only be made Rashad, Tom Cousineau, Fred fools of for so long, and a Smerlas, Jim Haslet, Joe beautiful 80,000 seat stadium Dellamalure and Chuck Knox does not make much money ffpm this payroll. In keeping when it is empty. his payroll low, however, Wilson does not forget to make sure that these same persons whom he has alienated Intramural Scene are so mad at him for their The intramural basketball plight that they perform at season has reached the halftheir near-best so that they can way point and FUBAR and the eventually leave the Buffalo Buffalo Braves are still organization for greener undefeated. These two teams pastures elsewhere after their face each other in the last game of the regular season contracts expire. Mr Wilson realizes that he it should be a great game. need only field a fair team to On Sunday, January 30, try-, make a huge profit. To have a outs were held for the Law great team, however, Wilson is School Basketball team which required to dig much deeper will compete in the Bth Annual into his pockets than he is Western New England College willing to go. This added in- School of Law Basketball vestment would do nothing Tournament in Springfield, but reduce profits since Rich Mass, at the end of February. Stadium is almost always sold This tournament annually out anyway regardless. brings together as many as 45 Ralph Wilson has been given law schools from around this by Western New York what any country for a weekend of and every professional sports basketball and conversation. owner would dream of having: Last year, SUNY/Buffalo fina beautiful, 80,000 seat ished in third place and stadium (of which Wilson brought back a large trophy. receives a percentage of the Those players returning from profits from any and all ac- last year are Jim Kelleher, only to face reality at the end of the season when the Bills fail to win because of a — — Pieper Bar Review Will Be Given In Buffalo (Summer 1983) Discount Still Available! Informational Meeting (wine and cheese) Tuesday, February 8, 1983 3:30 p.m. 108O'Brian Or Contact: Donna Humphrey Box 691 Priscil-a Corkrey Box 623 Peter Hogan, Mark Sacha, Bob Heftka, and Mike McGorry. Joining his year's team are Arthur "Four Year Plan" Garf inkle, Joe Ehrlich, Tim Sheehan, Mark Scarcella and , Larry Regan. Word has it that Intramural Volleyball will be beginning very soon. For information, please see Julia Garver. On the racquetball front, there is a constant battle between Rick Roberts and John Hart for the No. 1 ranking in " the law school. At the moment, Rick had just regained his No. 1 position with a narrow victory over his arch rival Mr. Hart. While Rick is gloating over the result, John is claiming revenge in the near future. Chapel Hill Reps continued from page 1 represented by Wayne Gradl and Ben Zuffranieri, and U/B will also have one team composed of students from outside the Moot Court Board. A number of other moot court competitions will also be conducted during February and March, 1983. Molly Roach and Jim Wilder will represent the school at the Guerney competition in Pittsburgh on February 11 and 12. Joel Mayersohn, Caroline Messana, and Stewart Wurtzel will take part in the Robert F. Wagner Labor Law Competition in New York City from March 24 through 27. And four students, John Curran, Len Gulino, Kirn Copeland and John Quinn, will take part in an Appellate Advocacy Competition later this spring. If we didn't need your help on The Opinion, would we be running this ad? Of course not. Visit us in 724, or drop a note in Box 1, 19 or 764. sssss ' ' ALL Law Students Attention Come to the Organizational Meeting of the Newly Chartered Buffalo Entertainment Law Society On Wednesday, February 16,1983 At 3:30 p.m. in the first floor lounge Bring Your Questions and Ideas!! For further information please contact: Melissa Rosse Box #465 DanElias Box #331 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-02-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/8/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bc124a311790c5709f6a8044914319b6.pdf 20f51084ca44156b951f90a9724bdf58 PDF Text Text THE OPINION Feb 23,1983 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 23:9 UB Team To Travel To Pittsburgh For Jessup Moot Court Tourney by Mike Reilly On March 5 and 6, four students from U/B Law will be competing in the 1983 Jessup Moot Court Competition in Pittsburgh, Pennsylvania. The team includes Kurt Amend, Mary Ellen Berger, Jeff Johnson, and Chrys Vergos. The Jessup Competition involves questions of interna- law and requires teams Photo by E. Pfeffer tional of students from each comfessup competitors Mary Ellen Berger and Kurt Amend. mimmmmmmH^mmmmmm^^^^^mmmmmwmimßmm*^n^^mK^^^^^^^^m_ww\-_____m Law Business Is Touted So you want to "fly solo" in the practice of law? February 10, noted Buffalo attorney John Condon of Condon, LaTona and Klingensmith offered students some down-toearth advice on dealing with clients and receiving sufficient remuneration for their efforts. Condon was the first speaker in a series of presentations sponsored by the Law School Career Development Office and the Erie County Bar Association. For the next five Thursdays, the practical problems in obtaining and managing a successful law practice will be discussed by local attorneys at one o'clock in Room 108. Future lectures will focus mosphere, and creating an environment where the client torney and client must be peting law school to research, law schools from 25 other draft, and orally defend countries have entered teams memorials responsive to the in this year's Jessup Competiissues posed in a common tion. The winners of the hypothetical problem, or com- regional competitions within promis. the U.S. will go to Washington, This year's problem involves DC. on April 11-13 for the a landlocked country, Belterre, semi-final round, and the final and its right of access through round will be held there also the neighboring country of on April 14. Richmond. Belterre's right of U/B this year is represented access is guaranteed by a trea- by a team which is not only inty with Richmond, but the trea- terested in international law, ty is revoked due to a threatenbut which also has a good deal ed infestation of "dreadfly" of international experience. caused by the transport of Kurt Amend spent one year in Belterre's citrus fruit through Germanywhile growing up and Richmond. Finally, there is a later studied German in high round of economic sanctions school. At Lawrence University which are taken by each coun- (Wisconsin), he learned Rustry against the other. The sian and received a B.A. in issues presented include treaty Government and Slavic Jaw and interpretation, the languages, writing his thesis on blocking of assets, economic Soviet policymaking. During self-help, and the extrater- college, Kurt spent 15 weeks of ritorial effects of state action. one summer travelling Mary Ellen and Chrys will be throughout Europe, including representing the state of a 5-week tour of the Soviet Belterre (Respondent), and Union. Kurt and Jeff will represent Kurt will be arguing the treaRichmond (Applicant). ty issue for Richmond. After U/B's team will argue twice graduation he would like to as Applicant and twice as pursue a career in corporate or Respondent against four dif- commercial law, involving ferent teams. The scores from himself in international trade. the briefs and the oral As for going to Pittsburgh, Kurt arguments will be combined to said his only regret is that "the determine the winner of these opening day for the Pirates is contests for the East Central still two months away." )eff Johnson did his Region of the National Division Jessup. The other schools undergraduate work at the competing in Pittsburgh and University of Colorado at representing the East Central Boulder, where he studied Region include: Case Western history. He spent his junior University, Villanova Universiyear studying abroad; in 1979 ty, University of Pennsylvania, he travelled to Lancaster, Temple University, Wayne England to study history and State (Ml) University, Detroit literature at Lancaster UniverCollege of Law, University of sity. In the Competition, Jeff Pittsburgh, Duquesne Universi- will be representing Richmond ty, University of Michigan, and on the issue of blocking assets. He is currently studying RusCleveland Marshall. Duquesne is .hosting this sian and is interested in a year's regional rounds and will career in international be one of U/B's opponents. Ac- business. He said he felt bad cording to Jeff, "It will be fun about not participating in this rehashing the Bills-Steelers year's Law Revue, which is game with the Duquesne team scheduled for the same presented to the client. The atfeels relaxed and the attorney torney should explain the risks can get to know the human be" involved In certain actions. not just the legal prob- Both the lawyer and the client ing lem. have certain "veto" powers. Attorney-client communicaThe greatest mistake a lawyer tion was also stressed by Concan make is to allow his or don. The attorney should in- herself to be used as a "prop" form the client as to every when the client plans the event in the case, and why cer- strategy of the case. tain actions are being taken. It Finally, Condon approached is the lawyer's job to make his the "sticky" subject of fees. or her advice clear to the client There are a variety of ways to to create a "mutuality of set fees on a contingency, understanding." The lawyer percentage, or hourly rate, or must actively work to relieve value basis. Again, it is importhe fear or tension a client may tant not to have a set rule; be experiencing in connection however, it is always important with the case. This may entail to fully explain the bill to the explaining the media, advising client. Satisfying the client, on systems, fee-setting and colthe client as to his or her ap- and giving him/her his/her lecting, time management, pearance, and even showing moneys worth does not equipment and building a law the courtroom to the client necessarily entail undercutting before the trial. The speaker fees. If there is a dispute, ifs library. _. In introductory remarks, suggested that a lawyer knows best to submit the problem to Michael Brown of the Erie that he or she is in trouble ABA arbitration. By avoiding routine and emCounty Bar Association Law when a client feels compelled Office Management Commit- to telephone the lawyer to in- phasizing discussion with the tee indicated that the greatest quire as to the progress of the client, the attorney can generate a successful and barrier to a successful practice case. The distinct roles of at respected practice. may not concern the lawyer's ability as a practitioner, but the difficulty jn handling administrative details. A flexible attitude is needed in order to run a successful practice. by Lisa Kandel Condon stressed the need Two new courses have been for flexibility in pointing out With little discussion and added to next year's curthat the rule of thumb in client even less debate, the riculum for Section Three. before the round." continued on page 4 relationships is not to have any Over 120 U.S. schools and 50 Academic Policy and Program Natural Resources Administrarules. Procedures may be approved tion and Regulation and ComCommittee varied in order to accommodate a certain client or Schlegel's recommended pro- parative Constitutional Law gram for U/B Law's next enter- will be taught by Errol situation.-What works for one ing class, according to student Meidinger and Guyora Binder, attorney may not be aprespectively. member Rick Roberts. propriate for his or her colA number of changes were Also, next year's first year league, he said. most notably, the class will have only one Law in made According to Condon, the crucial, yet frequently reinstitution of the four-course Context class in contrast to the overlooked proposition is that load (not including Research two currently being taken this year. and Writing). it is the client that is the lifeTo achieve course integraThe Academic Policy and blood of any successful praction, still seen as the ad- Program Committee is comtice. A happy client is the best ministration's primary goal, a posed of Schlegel, Dean advertisement a firm can-have. bi-weekly non-credit discus- Headrick, Professors Berger, All too often the practitioner sion was proposed. Dur- Kaplan, Katz, Meidinger, and class an "event" may forget how big ing each such class, a professor Miller and students Sandra going to see the lawyer may be teaching in the section would!! Blitz, Sue Kozinn, Scott Nadel, for an individual. A successful examine a single topic that and Rick Roberts. lawyer remembers that he or cuts across several fields. In a and acts professional, she is this way, it is hoped that Editor's note: The Opinion accordingly. When meeting a students will appreciate the in- welcomes letters from first-year translates down to client, this of subjects students regarding their present Photo by E Pfeffer terrelationship presenting a well-organized atwithin the legal profession. curriculum. Ben Zuffranieri and Wayne Cradl are prepared for foes ot all kinds in next week's Mugel Tax Moot Court Competition here at U/B. — , — . — 1st-Year Curriculum . Taxing Competition — �President's Corner Vol. 23, No. 9 More Fees and Cutbacks. discussed. Wednesday,February 23,1983 ter writing campaign is likely Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank News Editor: Ray Stilwell Mary Ellen Berger Feature Editor: Gary Games Photo Editor: Arts Editor: John Stegmayer Business Manager. Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Jill Paperno, Amy Ruth Tobol, by Jill Paperno I'm sure that you've all heard rumors of the tuition increases expected for next year. According to Doctor Sample, the State Department of Budget has included a $250.00 increase for State University students. This increase will not, however, affect personnel cuts anticipated throughout the SUNY system. In order to reduce the number of expected employee layoffs an additional $250.00 increase per student has been considered by SUNY Presidents. Other possibilities being discussed by the University Presidents have been elimination of one of the SUNY campuses, or elimination of departments deemed less necessary. Dr. Sample noted that cuts have been made in all State agencies, with the exception of police and prisons. Protest has begun against the tuition hike. A let- Jud Weiksnar Contributors: Mary O'Connell, Mike Reilly © Copyright IW3, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. * Editorial '' to follow. I'll try to keep you informed of the situation. Another issue involving increases in student costs was partially settled last week. The Student Union referendum, which proposed a student funded union, was soundly defeated. According to the ballot counters there were 1782 votes in favor of a student-funded union and 3529 opposed to such a union. Of the 3529 Nays, over 1500 were ballots which were marked with a Circled X. The Circled X intended to note that despite an objection to student funding of the union, the voter supported construction of a student union. I met last week withother student government presidents to discuss future plans for a union. These plans would supplement the student activity building already under construction. Options suggested included reallocating space in the building already under construction (possibly removing the bowling alleys, for example); reallocating space in an academic building, and using it for offices and lounges; and redesigning Capen, Norton and Talbert as a Student Union. Plans for Main Street Campus are also being The Student Bar Association has voted to assist in paying for a law school basketball team to compete in Western New England School of Law's annual basketball tournament. We wish them luck. Others interested in athletic competition should submit their volleyball rosters to Mailbox No. 661. All rosters should include at least three men and three women, with at least ten members required for each team. Also in the sports department, twenty-three students signed up for the ski-trip. If you have questions about that see Brian Collins. I would like to congratulate Distinguished Visitors Forum on its success in getting- attorney Charles Garry as its Spring semester speaker. More information on the speaker to follow. Other committees, such as the Placement Committee, also have Spring events planned. For more information, see your S.B.A. representatives. Finally, if your S.B.A. funded organization has not submitted an article to The Opinion by this issue, please make sure to write for the next Opinion. This is required by By-4aw 13 tb receive funding. Letter to the Editor Gay Students Organizing Last fall, 20 million Americans had the opportunity to register their opinions on a nuclear freeze in the most ex- tensive referendum in U.S. history. In 28 of the 30 localities in which a vote was held, a freeze was favored and 58% of those voting supported the halt of nuclear proliferation. In the wake of this electoral showing and massive organizing, which resulted in freeze petitions signed by 2.3 million people and a June demonstration in New York City attended by almost one million people, a freeze resolution was introducted in the House of Representatives. It lost by a mere 2 votes, 204 to 202. The November elections are believed to have added 30 new proponents of some sort of freeze initiative. Despite the massive display of public support for the freeze and the apparent support it has in the House, true substantive change in our country's nuclear policy is not on the horizon. While the MX missle may have received a fatal blow in last month's funding rejection, plans to produce Pershing II missiles, B-1 bombers, stealth bombers, Trident II missiles, neutron bombs, and Cruise missiles plunge ahead. Moreover, appropriations bills which severely reduce military spending have been soundly defeated and the administration is on a public relations campaign to link the peace movement with soviet subversion. In a recent New York Times Magazine article. Defense Secreary Weinberger said that the Soviet Union represents.a danger greater than did Nazi Cermany. The Opinion believes that it is critically important that we discuss and debate the issue of rearmament versus disarmament, instead of relying on the likes of Time Magazine to establish the contours and limits of the debate for us. We have decided to publish a special issue of Tbe Opinion this April devoted entirely to the question of military spending, with a special emphasis on nuclear war. We are announcing the publication of this special issue now because we want people of all viewpoints to take an active part in its creation. We want pro-military positions to be expressed, as well as the anti-nuclear and pro-freeze positions. Only out of free debate of the issues can people make informed decisions about U.S. policy. We do not believe the bulk of American publications offers the range of viewpoints and open discussion which we are contemplating. Please submit letters, articles, or clippings on any issue related to the military and the arms race which you would like published in the planned special edition. Any material pertaining to international and domestic law will be especially newsworthy, but the publication will not be limited to legal discussions. Please give serious thought to contributing to this issue, and ask anyone you know, in the University or outside it, to contribute as well. id-l-t m »l ,ll :■« i» i<t hl>: i " • V iter /a JWgii* •*+*«(' February 23, 1983 Opinion 2 ' . Dear Editor, * I am writing to The Opinion on behalf of the Gay Law Students Organization (GLSO) in order to inform the student body of our goals and pur activities. GLSO was chartered last fall by SBA to serve three stated purposes: first, to encourage all gay law students to develop themselves as persons and as contributing members of the Law School community; second, to promote legal research on issues connected with gay rights; and third, to educate all interested non-gay persons at the Law School by providing information on legal and non-legal issues relevant to the gay community. Gay people, as a minority, are in some ways different from other minorities. We are probably more invisible and more diffuse than any other minority group. The similarities, however, are important. In a society with a single set of social norms, where the individual is allowed few choices about personal development, there really are no minorities, only Normals, in their socially assigned roles, and Outcasts. When a group begins to develop a minority "consciousness" then that group builds alternative norms which make choices possible. I think the process for all minorities includes some of this redefinition and choicemaking. All those who find inherent value in social diversity applaud these new explorations. But many people find differences threatening. Bigotry means looking down on people or harrassing them because are different. These roadblocks in the way of diversity must be overcome; a freer they strange some folks' idiosyncracies may seem to some peo- Last semester GLSO cosponsored the Tuesday Night ple. Personal freedom in all Events program with U/B's Gay aspects of life means less and Lesbian Alliance. Included wasted potential. It offers the in the series were a showing of best possible protection the movie Word is Out, a against the totalitarianism that presentation by the Buffalo our society's rhetoric rejects. Women's Oral History Project on lesbianism in Buffalo in the Those of us currently involv- 30's, 40's, and 50's, a games ed in GLSO are out of the night, and discussion meetings. closet in, different degrees. An all SUNY gay conference Scott Smith has found the ex- held in Oneonta was attended perience of forming an by Scott Smith as GLSO's organization to be very representative. Workshops positive. He says he is glad to were held at the conference, lose the reticence that he felt including "Legal Rights of as a totally in-the-closet law Gays and Lesbians" and "Gay student. I, personally, have Men and the "Feminist Movebeen active in the gay move- ment." GLSO also sponsored ment in the past. My resume the talk by local attorney (and my law school applica- William Gardner on "Constitutions) include my gay comtional Law and Gay Rights." Plans for the Spring munity activities. Others of us want to remain more semester include a lecanonymous. Though law is a ture/discussion event with a conservative profession, it is reception following. This event not in the dark ages. The point is tentatively planned for April is, you do not have to spend and a speaker of national your whole law school career reputation is being sought. We also plan to get underway in in strict secrecy. Stereotypes are lies which compiling historical and curcan be shattered only by being rent materials on gay legal out in the open. We have a issues. right to be who we are. Our office is in room 118 Through communication and {across from the purple pit) growing understanding of which we share with the Naourselves, we can become able tional Lawyers' Guild and to be non-conforming (in a other Law School organizapublic or private way) with tions. The phone for all respect to norms'. But, beyond organizations in the office is this political statement, there 636-2161. The GLSO desk will is something very important be staffed Tuesday, Wednesthat we as gay people can do day, and Thursday from 3:30 to for each other. And that is, to 5:30 p.m. All gay men and lesbecome involved in network- bians, as well as others ining. Networking means terested in the issues coneverything from making one nected with gay rights, are enfriend, to feeling part of a couraged to stop in and visit group, to being part of an "oldus. That's why we are there. A gay" network. Networking pro- calendar of informal discusvides the current benefit of sions and social events will friendships which can support develop as the semester pro- us in developing our academic grasses and will be posted in and professional potential, and the office. Ilaine A. Smith for the the future benefit of contacts , . tnai7tf-__|iie« which may 'help career-wi.e . 11 "€*y __*_rd<ttflts Orgihizatidn �J.D. Announcements . symposium for international study at 1 p.m. on Thursday, Feb. 24 in the firstfloor lounge. The Buffalo Law Review Tnere will be representations wishes to announce a general °f seventeen law schools' promeeting for all first year grams which offer legal study students interested in par- and employment in 30 foreign ticipating in the Spring cities. Veterans of some of Casenote Competition. The these programs will be in attenmeeting will be held on dance to answer inquiries conWednesday, March 9 at 3:30 ceming their programs, living pm in Room 106. In addition to accommodations/ the econdiscussing details of the omy of train travel or even the Competition, appropriate sun screen for the Casenote members will also briefly Cote d'Azur. Refreshments will discuss the functions of the be served, but the Society will Law Review and the duties of unfortunately be unable to its traditional its members. All first year serve students are encouraged to at- refreshments, vodka and LctW KCVIGW tend. The Buffalo Law Review is a professional journal published three times a year by students of the Law School. Its purpose is to select and publish significant student and professional -contributions to legal *" 52"f** t II Q It is possible to supplement our law school's diverse curriculum and receive credit while studying torts in Paris, in- ternational finance in Tokyo, international public law in Tel Aviv or human rights in Warsaw or Moscow. The U/B International Law Society will present its first 1. The first chapter meeting of the National Lawyers' Guild of this semester will be held on Friday, February 25, 1983 at 2 pm in the first floor lounge of O'Brian Hall. The following issues will be discussed: a. The Guild suit against the FBI b. First Annual Testimonial Dinner '-" c. Research project concerning public control of Bethlehem Steel d. Up-coming films and speakers dividual fundraising. National addressing Professor. Leary's seminar on International Human Rights in Room 212. Room 118 O'Brian Hall now Lawyers' Guild: San Francisco Bay Area Chapter, 558 Capp Street, San Francisco, Calif. 94110. ATTENTION: Central America Task Force. houses four law school organizations. Current office 4. On Thursday, February 24 hours: at 2:30 pm. Dr. A.J. Wilson will speak on the ethnic conflict in National Lawyers Guild Sri Lanka. Dr. Wilson is a Tuesdays 10 am 5 pm leading constitutional law exFridays 10 am 4 pm pert and is Chair of the political science department Cay Law Students' Association Tuesday, Wednesday, at the University of New Thursday 3:30 pm 5:30 Brunswick,. Canada. He has been actively involved in the pm mediation of the ethnic conAll groups can be reached at flict in Sri Lanka, and will be 636-2161. —— — All are invited to attend. 2. The Politics of Law, a "provocative and unsettling pickles.collection of critical essays by the most original legal thinkers CD A of our day" (including essays U/\ by Professors Alan Freeman __. and Betty Mensch) are now 6 V<T work, as well as to address available for sale at $8.00 per T"" dent B r Ass j!"8 the StHouse copy in the Guild office (118 Chapter of the issues of tantamount imporThe Buffalo t,on a Council, °." National Lawyers' Guild is | tance to law, but not covered u"'ve«'ty committee should O'Brian). « 3. i The National' Lawyers comparatively young. In 1974,! in the Buffalo Law School curj P«P«no.(lkw No. Guild will be sending a fact Guild members from across riculum. 177)™k *reek. finding mission of six legal tbe country came to Buffalo to Currently, our major focus is workers various defend prisoners accused of to provide speakers and films to Any student interested in parrefugee camps Guatemalan in participating in the 1971 Attica of interest to the legal comticipating in the planning and team prison rebellion. In the pro- munity in Buffalo. We are infinding Mexico. The fact design of student activity vestigating the possibility of space should contact Jill will visit the camps in the late cess, a Guild chapter was formbeginning a variety of projects for Attica trials endSpring Applications 1983. ed. After the (Box Paperno No. 177) this geared towards providing serthe trip are available from the | ed, the chapter continued. wcclc The Buffalo Guild strives to vices and/or information to law Bay Area Chapter of the NLG at the address below. Bilingual provide a forum where all students, lawyers and others _.»_.#■ _-> ability and familiarty with the members of the legal com- within the community. We ensituation in Central America is munity can get to know one courage input and welcome all The first of three "career desirable. The duration of the another and discuss political- suggestions. If you are inpanel" presentations spon- mission will be between five legal issues of importance to terested in beginning a Guild sored by the Association of days and a week. Approximate us. For those of us who are law project, or working with the Women Law Students will be cost is between $600-5700. students, the Guild provides an Guild in any capacity, drop us held at 5:30 p.m., Feb. 24 in the Each member of the mission opportunity to do progressive a note in Room 118. fifth floor faculty lounge. will be responsible for in- . literature. All candidates must submit a casenote to be considered for Law Review Update From the Lawyers' Guild " .* '" - NLG Policy .-oc,a"" : AVV LS ' Cuban Immigrants in Constitutional Limbo by David Allen Cass deemed hardened criminals. It seems that Mr. Castro had In the Spring of 1980, Presi- given an ultimatum to his dent Carter responded to the prisoners: leave Cuba or be cries of Cubans seeking locked up forever. Most chose political asylum at the Peru- to-leave. vian Embassy in Havana by Upon arriving to the United proclaiming that he would States, nearly all ofthe Cubans welcome all "those fleeing were ecstatic to be out of Mr. communism" with "open Castro's dictatorship, and were arms." Fidel Castro, apexpeditiously processed and preciating. Mr. Carter's given over to either family generosity, proceeded to open members or sponsors. Some the port of Mariel for were taken to U.S. detention thousands to board boats in centers for processing. what became known as the While being processed by "freedom flotilla". The boats N the immigration officials, it eventually brought 127,000 became evident to them that Cubans to the snores of the amongst the detainees existed United States. some hardened criminals. Mr. Carter, not thinking that Once ft was determined who in his proclamation would be in- fact was a criminal, or terpreted literally, was quite undesirable, the U.S. Immigrastunned when he realized that tion officials proceeded to Mr. Castro was not only sen- lock them up. Of the 8,000 ding "regular" Cubans to the criminals that Mr. Castro perUnited States, dissidents and suaded to come to the United thesewho had family here, but State*, approximately 1.100 still considered abo those who had been •re . "dangerous" and are being held in the Atlanta penitentiary. Usually, in a situation where immigrants are considered "dangerous", the country that has taken the immigrants sends them back to the country that they migrated from. Mr. Castro has refused to take these or any Cubans back. Mr. Roberto, ia high ranking Immigration official has said that, "The Cubans are in a legal state of limbo. They have physically entered this country, but are classified as 'excludable aliens'. Legally, they do not exist." The detained Cubans, expressing a sincere desire to be let out of the "foreign jail", have initiated what is apparently one of the largest class-action suits ofthis type in history. The suit argues that the U.S. government cannot hold Cubans in prison indefinitely and that, in effect. even illegal immigrants of this have constitutional rights. The official government response, as enunciated by Mr. Roberto, is that the Immigration officials.have the authority to detain any and all immigrants whom the Attorney General believes are a danger to society. Under that response, some concede that technically the Cubans might not ever be let out of the prison. In effect then, the government is admitting to the fact that the Cubans are in this country physically but not legally, and that because of the immigrants' status, the U.S. government has the right to deny them all constitutional protections and guarantees. As this class action suit begins its initial plunge into the District Court, the Cubans are being held at a cost of over eleven million dollars a year. Also, since they are classified as "excludable aliens" they are sort not permitted to have such things as due process, free legal counsel, or a formal charging. It is interesting to note that every six months each case is reviewed by a penal-type parole board the immigrant is still denied the services of a government paid attorney. Mr. Dale Schwartz, the Atlanta attorney who is representing the Cubans in this class action suit, maintains that tinder the present system, the Cubans are presumed guilty. One might ask how those ' who are directly affected by the rules of our judicial system cannot even be considered people in the sense that they are denied the basic consitutional guarantees which we as Americans hold so precious. Fortunately for us, the courts will render a decision in what promises to bo a highly publicized case in the next few i . I I .' ■' > ,-k 1 l' 3 �Life on Death Row Reflections of a Man about to Die Editor's note: Frye Gaillardis an editorial writer and columnist for the Charlotte Observer. This article is excerpted from his recent book Race, Rock and Religion: Profiles from a Southern Journalist, published by East Woods Press. • by Frye Gaillard Unless something changes, they're going to kill Bill Groseclose before very much longer. It'll go something like this: Some people he barely knows will lead him from his cell at the Tennessee State Prison. They'll strap him to a tall, wooden chair and attach some electrodes to his thighs. Already, they'll have shaved his head to keep his hair from catching fire. Then they'll push a switch, which will send maybe 2,500 volts of electricity through his body. Nobody knows how bad it will hurt, since nobody has ever reported back after the experience. But if recent precedents hold true, several things are likely. Groseclose's flesh, particularly around his legs, will begin to burn. His fists will clench involuntarily, and his hands will probably blacken. He might not die right away. If he doesn't, they'll repeat the dosage as many times as it takes. The people who do this will have very good reasons. They will know some of the details of Groseclose's history. They will know that he was arrested in 1977 after his wife was discovered in the trunk of a car. They will know that she I jL r"rOT~0 ~-~~ ||i|~)0 ~fp WORD rnuLtajinu - was stabbed and raped and beaten, and they may also know that she did not die from — those things. She cooked probably over a period of beneath the several days July sun in the river town of — Memphis. They will know these things, and they will feel that they are doing what they should for theirs will be an awesome duty. But there are also things that they- will not consider. Harmon Wray will consider them, and Abel Adams, but they will not be able to convince the people in authority. They will believe Bill Groseclose is innocent that he is not vicious and cruel, and that he could never have done the things that the State says he did. But they will not dwell on that point, for they are Christian ministers, and their interest is in redemption. So they — — will talk instead about Groseclose's life: his correspondence studies at a small Bible college, his ordination as a Church of God minister only a short time after his conviction for murder. They will try to tell the Governor, who will not want to listen, about their conversations with Groseclose over five years. They will use such words as kindness, faith, and humor, and they will speak of his desperate consolation in the writings of St. Paul. But they will certainly fail, for their words will have the soft and simple ring of sentimentality and others in their grief will — cry out for revenge and time will pass slowly until his waiting will end. Groseclose enters the room with a bounce to his step, clad in jeans, a T-shirt, and a faded denim jacket; the numbers 83408 are stitched on the back. He is thirty-four years old, though he looks much — — — — ii to his door and set it on fire. � CALL PROTOTYPE 833-3348 Ask For Randy BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS Knowing how to analyze complicated essays, confusedly combining several fields of. ";. law, and writing coherent, logical and consistent answers thereto, can make the crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the Feb. or July, 1983 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 12,1983, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition: $150 UB Agents: Rick Roberts, Mark Reisman - KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH 3-2690 Oinnion ' February 23,' '' Well, I couldn't let it drdp at that point. So the next day, I painted a watermelon and stuck it on Ns door and burned it. Some of what we find to laugh about is pretty weird. But any time you can give somebody an excuse to laugh, you do it. We don't start stirring till about 10 or 11 usually about the noon meal. Everybody just says no to breakfast. The dinner today was... well, how can I say it? Only one guy took anything A've fed a lot of dogs a lot of things. But none of them were that bad. The problem is time. Sometimes you don't know if you want it to pass, or you don't want it to pass. But it — hangs pretty heavy sometimes. You'll do anything to fill it up. left Dix down there, he placed third in the cockroach race. Jeff's a soap-opera freak. We call him Swamp Monster. He's about 6-feet-2 and weighs 260 — man, pounds. And a nose jimmy Durante would have to hide. This guy has a beak. left is a nonviolent, violent person. He has weird ways of expressing himself! 'Course he says the same thing about me, but one time he put a TV set through the bars of his cell with plastic and tubes one blow and crap all over the place. I just kept on with what I was doin', trying to be nonchalant, don't you know. We don't want any trouble back here on the row. We've got all we can use. So we do what we can to help each other out, to keep each other's spirits boosted. We've got one back there who, can't read and write. We're teachin' him. Whenever he gets a letter, we go over it with him. He reads the letter, theq somebody else will read it, and they'll say, "OK, what did it — ... continued from page 1 Personalized form letters mailing lists Related Services Provided Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed - So he cut himself out a cross, and for the next little while, he worked at it with a burned match, rubbing the carbon on the cross until the whole thing was black. Then he stuck it on my door. jessup. Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. 4 — — Complete Editing Capability No neeA for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset or Typewritten Experience in doing legal work Complete Resume Service Regetitive Work at Reduced Prices 1»«3 humor. The hatred is there, it's a constant; you don't nave to look for the hatred. But you do look for the way to laugh and often enough we find it. We have a good sense of communi- younger. He wears wirerimmed glasses and his hair ty and beard are scraggly. But the Down the row there's thing you notice most, and the Richard Austin; he plays cards thing that stays With you, is the plays cards and gambles. lopsided grin. He'll take bets On anything Ask him a question or two, football, baseball, basketball, and his thoughts flow freely, how many bullets they'll shoot the feelings tumbling out with on "Bonanza." He took fifth in punctuations of laughter, movthe world billiard championing inexorably from the light to ships one time, but he hardly the heavy. This is what he says: ever discusses playing pool. He just keeps pretty much to himself. Man, it's cold in here about back up to the shivering Got a bad heart. point. We got a leak back there, Ole Richard, he's short and and water comes pouring into fat; he's balding and got this the cell behind the commode. mustache. But he don't like t6 Then it freezes on the wall in think of himself as fat. He'll this thin layer of ice that you say, "I am muscular... " He's can't really see. OK. ' ~ So you're standing there in / don't have one best friend. front of the John, and you've Everybody is pretty close. It's already started, and you lean who are you hanging out with against the wall, and zap, this week? I sat back there all you're sliding all over the day a while back and played, place, and the stream's going chess with Houston that's crazy, and you're laughing like Richard Houston in the cell a madman, and then you say to next to mine. It was one good, yourself, "Man, how weird can full, hard day of chess. It'll be a things get?" while before I do that again. It's hard sometimes, but Houston is black. He's welleverybody tries to keep each educated, very smart, a pretty other up. It's just something handsome dude. We been nexteverybody seems to do. If door neighbors for three years. someone is down and he likes One time I forget what we something on TV, someone will was madabout I cut out this say something about that show. cross out of an envelope, you If that doesn't work, you're know, then I licked it and stuck Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. TYPING quiet for a half hour, then you try another subject. If that fails, you straight out ask, "Hey man, what's happenin'?" Always, always, you look for weekend, but he took heart when he realized that "there would be enough bizarre acts without him." given here the opportunity to see the country where her parents came from and to visit family members who still live there. This summer, Chrys Mary Ellen Berger is a native plans to travel to Strasbourg, of Washington; D.C. and did France, where she wHI take* her undergraduate work at part in a six-week program of Georgetown, where she study on the topic of internastudied international politics. tional human rights. Mary Ellen has also travelled Chrys says she would like to in Europe, as she has pursue a career in backpacked through France, tional law particularly because Holland, Italy and Greece. She she finds it to be a newer and said her interest in interna- more challenging area of law tional law was reinforced when than some other, more rigid she attended the Colloquium and formal ones. She finds that on Human Rights at U/B last international law exposes one year. She said she thinks that not only to other countries but the quest for international to their cultures and people as human rights will be one of the well. She commented that "the most critical issues we will preparation for the Jessup has have to face in the next few been very time-consuming and years. exhausting," but added that "it At the Pittsburgh regionals, has also been a very worthMary Ellen will be representing while learning experience." the "natural"' rights of The Association of Student landlocked Belterre. After International Law Societies graduation, she-would like to sponsors the annual Jessup continue her work in internaCompetition. The Association, tional law, possibly for the founded in 1960, now includes federal government. 127 chapters in the United Chrys Vergos is a native BufStates. Locally, the U/B Interfalonian who studied interna- national Law Society sponsors tional law and foreign policy the Competition. The ILS as an undergraduate at U/B. distributes the problem, She travelled to Greece as an undergraduate and also spent last summer there. For Chrys, these trips have been especially meaningful, as they have selects the team and helps the members prepare for the oral Competition. The members of ILS wish the U/B team good luck in Pittsburgh! • �Two New Bands Revive Buffalo Music Scene by Jud Weiksnar The Throbs, composed of two guitars, bass; and drums, put a lot of energy into their music and do some nice work on harmonies. However, Pauline's talents seem squandered in a band that limits itself to a straightforward, onedimensional,. 60's type rock and roll. never put on two more convin- more and begging for mercy. Ifs rumored that in addition cing sets. As always they did The start Of this semester exclusively bass, guitar, drums and almost their own to marked the return of two save an occa- voice, a new element compositions, dominant forces to the Buffalo may be added to sional cover such as their New keyboard music scene: Pauline Digati, periodic table of dance Wave remake of the Bobby now singing with the Throbs, Goldsboro's "Elusive Butterfly rock. While that would inand the Elements. If you went of Love." The Elements had crease the number of possible to the debut concert of the audience, which included musical compounds, it could the Throbs at the Continental exboth their loyal following and also throw off the natural pecting them to be another many first-timers, dancing in a balance between the present Pauline and the Perils, you Despite an occasional exhorhurry. The band needed little elements that is currently prowere bound to be disap- tation from the band to dance, coaxing to come back for an ducing the best sound of any pointed. To make comparisons the audience for the most part encore never 3-piece band around. It's hard in fact, between the two bands would either left or just stood there. I left the stage. After six more, to see how tampering with be unfair. Pauline has remain- didn't stay for the end of the they had the exhausted but their present formula could do ed a constant, with her give-it- second set; if they couldn't get Augustyniak. Although not all seemingly insatiable dancers anything but dilute their all-you-got style and people throbbing by then, I the new material was down torn between screaming for power. undeniable stage presence. figured they never would. pat, the Elements may have There's always hope, I wasn't that impressed the first time I saw the I Elements either. However, that iwas probably due to the fact Ithat I didn't understand their i music. While the Elements have only three members to the Throbs' five, their music is truly 3-dimensional. Not only that, but it's original, inspired, and danceable. The Elements emerged from their inert state at the Continental with new drummer Mike Brydalski replacing Jerry 1though. ' Phone Rate Subsidies Slashed Editor's note: Robert jacobson is a communications consultant to the California The views Legislature. expressed are his Own and not necessarily those of the Legislature. The article first appeared in The Nation, Jan. 29, 1983. by Robert (acobson may disappear. (In deference to Republican farm interests, however, the F.C.C. will create a "universal servicepool" for the temporary and partial subsidization of telephone calls in rural areas.) , For half a century, the Federal Communications Commission has set long-distance telephone rates high enough to subsidize local service. The principle is more democratic than many regulatory formulas: as the heaviest users of long-distance lines, big corporations bear the brunt of the subsidy and, in effect, defray the cost of local calls made by small businesses and individuals. And the system has enabled nearly 91 percent of all households to afford telephones. Now, in the name of competition and deregulation, the FCC. has removed the corporate subsidy, and the result will be to "de-phone" millions of households. The lower long-distance rates probably will not deter large corporations from going completely "off the local network" by setting up their own private telecommunications networks. Should that happen, local telephone companies, already deprived of A.T.&T.'s support by the Reagan Administration's antitrust settlement, will see their revenues further diminished, forcing up rates for the vast majority of Americans who cannot afford customized alternatives to conventional telephone service. What's more, the Office of Management and Budget is writing legislation that would users of telecommunications, is moving away from its goal of universal service. In the name of deregulation, the commission is effectively "transferring" economic power from the poor to the rich just as surely as Congress redistributed wealth upward with the Reagan tax program. In the name of competition, the government is dividing the nation into those who can shout and those who are silenced by the monthly phone bills. CrOSSWOrd II — highly — — distance calls will be billed a hefty monthly charge, rising each year, to replace the subsidy built into long-distance rates. The cost of long-distance calls will fall accordingly, making it possible for A.T.&T. and sumer Protection and Finance, to rein in the F.C.C, Congress has so far failed to act, and it may already be too late. has pledged Before the Communications its long-distance competitors Act was passed, fewer than to serve more cheaply the cor- one in three Americans had acporate market. "Lifeline" rates cess to a telephone. Now the for the poor and handicapped F.C.C, catering to corporate Why a Duck? 65 3V _ w — by Glenn Frank IS 14 17 ■ itt Sj Bo Ul r w wr n ao WjA 95- Photo by Frank Bolz II ¥ zzzj_ ~~m- - . 13 IV it debatable The Communications Act of statistics that fewer than 1 1934 was supposed "to make percent of all users will be available, so far as possible, to unable to afford telephone serall the people of the United vice when the new.charges are States a rapid, efficient, imposed. But as Sam Simon of nation-wide, and worldwide the Telecommunications wire and radio communication Research and Action Center service with adequate facilities points out, even 1 percent of at reasonable charges." The the 80 million households with "reasonable charges" proviso telephones means a conwas implemented by the long- siderable number of people distance subsidy on the theory losing service. And A.T.&T.'s that corporate users derive own projections, made in 1981 disproportionate commercial when it was fighting the Justice value from telephone service. Department's antitrust suit, Now the masters of show "drop-off" rates of bederegulation at Reagan's F.C.C. tween 15 and 70 percent as have made competition in the telephone charges escalate. communications industry a Naturally, the poor will be the higher priority than universal first to dropoff, and out of, the service. The F.C.C. says this telephone community. will encourage the development of cheaper technologies The communications infor high-volume users. And the dustry has successfully blockCommission intends to place ed every recent Congressional the burden of financing this in- attempt to reform the Comnovation on the backs of munications Act in order to every-day consumers. mandate subsidizing regulations. Although Representative Beginning in 1984, every Timothy Wirth, chairman of telephone customer even if the House Subcommittee on he or she makes no long- Telecommunications, Con- Vk *"■ The Commission estimates using — — pre-empt state regulators and prevent them from mitigating the worst consequences of the F.C.C. action. — — — Kp 3? j»9 " *» P ™ L J_ ■J75 zzz -IUJ-JH 1 l-l 11 Solution on p. 6 CROSSWORD CLUES Across .1. RBI, for example 5. Bosses (abbr.) • 8. Dear 12.Withrival and way 13 Rodent 14.This is one 15.Bannister's Distance 16 , Amas,Amat 17.Camedown 18.A state 21 Fish Eggs 22Cuise __ 23. Prepare again 26,Harden 27.Get 30.T0 31 Knight or Turner dr»-m 32 33. Buddy 34.Pronoun 35Armed Band 36.Destiny 38 39.A state 8. Ascend 9. A state 10.Destruction pick 11 19.Fervent Pot 45"As strong weak as you like" 46.Paddles 47.Legally insignificant 48.Title 49.Cram 50.Creek Letter Sl.Assist 52.Compus pt 20. Petroleum 23.Hit 24.Creek Letter 25.ldentical 26.Command to an ox 28 and downs 29.8a1l peg 31. Rotten to 32.Contentious 53.Congest <H 34Depot (abbr.) Down 35.Elee. charge _ 39, 40.Iraqi 37>Property 38.Strained food 1. Uncle and Sneed 2. Kingston 3 Legal rts. gp. Lisa 41.Crasses of Lrfe 4. 5. Elegance 6. Mother 42.Implement * 7. Rained February 4_._n I 44Horse 23.1983 Opinion 5 �**M I — J The Association of Women Law Students presents Women Attorneys: Career Panel One I I j I Rose Sconiers, Legal Aid Beaufort Wilbern, Legal Services for the Elderly \ Shelley Mayer, State Attorney General's Office f — | | February 24,1983, 5:30 P.M. Faculty Lounge Room 545 I Panel Discussion and Question/Answer | j j Reflections from Death Row continued from page 4 say?" He spits it back out. If he can't, we go over it with him. Mostly, though, we just sit and watch the world go by. I've been behind bars five years. I was arrested July 11, 1977. I made it here in April 1978 April Fool's Day. At first, it ate especially with the at me situation as crazyjas it is. But then you say, "Whatam I going to do about it? Am I going to scream or cry the rest of my life? What is going to come of — it?" — giggling. I pulled my pistol and emptied it in their direction. I saw three go down. I said, "Did I, or didn't I?" Over the years, I had time to think. I asked myself, "Do I have so little control over my emotions I would shoot at somebody in a mo- v ment like that?" / got more serious about religion in Vietnam. Death is so imminent, you can't really help it. We also talk about it a lot on the row. About everybody back there is antireligious. I don't mean by that there aren't any believers. In fact, I don't think there are any nonbelievers. There's some that say, "No, I donAt." But when the believers are having their conversations, there's always close attenamong tiveness the nonbelievers. They are the ones that keep the conversation alive. Opinions back there are straight from the heart and cold as ice. The guys would see these ministers on TV with all their fallacies, jerry Falwell is our pet. Oh, we love him. They're building some crap, and he's wanting me to send him $50 for one memorial brick, and for $500 he'll put gold on it or something. Or look at Oral Roberts with his multi-milliondollar prayer tower. How many hungry kids could you feed for that? tb err is Human. ' 'But I've tried to put across the idea of Christianity versus religion, and I think the general feeling back there is that religion is of man; it stinks. Christianity is of God; it's all So you have to learn to live with it. You have to get rid of the superfluous, and you have All Welcome! to keep control of your mind. I have lost control a time or two. Of my mind, yes, and of my emotions. But I've been fortunate not to lose both at the f Coming Soon: same time. Still, you think about things. March 10 j Like Women Faculty: Career Panel Two sometimes I think about March 24 » Vietnam. I was there in the I Women Attorneys: Career Panel Three Navy, and the things that hapI mean the thing pened, you ask yourself about Vietnam is. Why? You answer that a million times, and then you turn around and disregard tbe Boys and Girls Together answer and say, Why? It Happens to Us (30 mm.) One time when I was over there, I came upon this torture Women Who Didn't Have An Abortion (28 mm.) \ Women Who Have Had An Abortion (28 mm.) scene. I was driving a supply truck, and I came to a hut 1:00 p.m.. Room 107 Thursday, February 24 where this Vietnamese peasant 7:00 p.m., Room 106 had been castrated and tied to a tree. They stuck his penis in Boys and Girls Together his mouth and'sutured it'shut. One out of Five teenagers has intercourse by age 14 and They had cut his wife's aban estimated 600,000 babies are born to adolescent domen open and pulled out a mothers each year. The questions and facts of this fetus and used it to beat her epidemic problem are examined by teenagers, their children to death. families and experts in this CBS video documentary. I stopped and said, "My God, human beings could not Happens to Us Have done this to other human right. I It Women of different ages, marital status and race reveal A lot of guys have said, "If I beings." Then I saw five Vietin their stories the problems of illegal vs. legal, medically namese regulars running up a was on the streets, more likely safe abortion. The four legal procedures are fully described hill behind the hut; they were than not, I'd be just like 'em." by a physician, and pertinent medical statistics are presented. "A jolting indictment of the furtive illegality of abortion, some of the testimonies are shattering... a strong, confident plea for practical counseling toward legalized aboration." New York Times j man... — Women Who Didn't Have An Abortion Women Who Have Had An Abortion These films provide, in an open forum discussion, women from all walks of life, rich and poor, old and young, black and white, married and single sharing their thoughts and feelings concerning their life decision to have a baby or an abortion. Crossword Solution It's A Boy / s r M r _B G M s .B s l :l'M s l yE arc ~hMr a i AZ-£.^__Lr^£j_i__pT7F Barbra J4._l__L._L4 12.AAZBZa_1||_1.o.o r ■ ___-_-—_ OtUkm 6 -. ■,--7m7 •!-,■- f*w2Vl«» ■„■■, - ________________________________ from the Opinion ■-■„■, But in here, it's a peculiar situation. In my case, it has strengthened my faith. I have been confronted and bothered with the pressures of with the outside world prices going up, or how am I going to make more money? I can devote more time to being still and listening. / read the Bible a lot underline verses and think about their meaning. Romans 8:18 is my favorite, but you can keepgoing from there. Ol'Paul could write: "I consider that what we suffer at this present time cannot be compared at all with the glory that is going to be revealed to us. For we know that up to the present time all of creation groans with pain, like the pain of childbirth. "But it is not just creation alone which groans; we who have the Spirit as the first of God's gifts also groan within us for God to make us his sons and set our whole being free. "If God is for us, who can be against us?.. .Who willaccuse God's chosen people? God himself declares them not guilty. Who, then, will condemn them? Who, then, can separate us from the love of Christ? Can trouble do it, or hardship or persecution or hunger or poverty or danger of death?... "No, in these things we have complete victory through he who loved us. For I am certain ■that nothing can ever separate us from his love; neither death nor lite, neither angels nor other heavenly rulers or powers, neither the present nor the future, neither world above nor the world below there is nothing in all creation that will everbe able to separate us from the love of God which is ours through Christ jesus our Lord." That's some pretty heavy stuff, and' I think about it sometimes, and then I just listen. There's a difference, I've discovered, between wants and needs. I think I know that now. If I get out some day, there's a lot I'm looking forward to. But in or out, it's God's will that matters. . not — - — Q++-**?^ All this worry about grades I mean, whafs all the fuss? We all know a Q minus is as good as a plus And a Q plus plus plus is still not on a par With that curious creature the splendid Q star You still get a Q but you get something better The professor takes time to drop you a letter A small consolation that you weren't quite up to snuff though better than most you weren't good enough to be granted an H the most wondrous of all hoped for in spring and prayed for in fail But these grades are strange really, what can you do when one prof gives forty and yours Just gives two So don't worry about grades it just doesn't pay no matter what happens you won't get an Al ; ■ -■ ■■• • - • ■ ■'■ �* _ ■■■»■■»■-■■--■-_■————-_-_■■-------_-_-_«_________^___________________|__________ a B^^Haav^^^^Haß^^^^^ A ' MARINO-JOSEPHSON/BRC ■■."-■- -! 1 ; presents 1983 BAR EXAM • \ Free Outlines and Free Pizza /\ ! Thursday, February 23,1983 at 12:45 and 2 P.M. in O'Brian Hall, Room 109 • . - , »*^*—«^«»^~————~».^~—.»™^.™»—»«^—^—*_»__-----_---»-■»——.^^—^^^——■"«—-—^^—^^^—^^^—^^—p—^.—-—••«■■—~—^—— ———-_—J-—--——- j i ■ m <#■■■■ Only The "'■; ii <¥>... " rfgb w__||i -<lf> ■ '' n <||>i ' II i ii II l_^fW--»*-<lf«»«**|fh»» \\ ENTERTAINMENT CARD ' - ..'. A. A- . will provide you with these GREAT DISCOUNTS! - ~. ; j| $3.00 off the Admission Price to: 83 DAYS PARTY, Thursday, February 24th '■' ~ ~ '■ ■■ ' - ..' . \ : «; $4.00 off the Admission Price to: DINNER DANCE, Saturday, April 9th, Sheraton-East Plus — ■ . ,; , I !I New Low Movie Ticket Price! $2.50 for any General Cinema Theatre Admission. (Save $1.50 off Regular $4.00 Admission Price) and many more discounts! i! »■ '■-■ ■■—■ ■--» »■--» ■■—■ ■■«» ■■-** -* "" — ** o**i*» — --■« ■■--*■ ■■ FeWM*2fW*M "' —* 7 �. ' ' r IRVING YOUNGER COMPREHENSIVE CPLR COURSE BEGINS THE LAST WEEK OF SIGN UP AT THE i FEBRUARY BAR/BRI TABLE Moke An Informed Decision Compare Ask Us Why DAR/DRI Is THE DAR Review Course In Hew York Stole Professional Responsibility Exom (MPRE) Test Dote is Friday, March 18. ALL JUNIORS and SEHIORS moy take DAR/DRl's MPRE Review Course for no ADDITIONAL COST by simply depositing on additional $75 toward the final balance of your Dar Review Course J ML W\l I }|%| " Th# Review Course taken by moro people studying for th* N.Y. Dar than ALL OTHERS COMBINED. I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-02-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/23/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/00d92e18019cdfa76d29b168dd27e0c6.pdf be8517f8dea2d6671dd00dc541349091 PDF Text Text Vol. 23:10 OTHE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Mar. 9,1983 Sullivan Stumps for NFL Players Association by Earl R. Pfeffer tion about that by law. It was determined a long time ago Editor's note: Richard Sullivan, that they're employees. The a member of the Buffalo law State of Florida does exclude firm Albrecht, Maguire, Heffern football players from workers & Gregg, teaches New York compensation coverage the Practice at ÜB. Although he is a owner of the Miami Dolphins Yankee fan, he does know a lot has lobbied quite heavily to exabout professional football, as clude professional athletes. he is local counsel tor the Na- But under the new collective tional Football Players Associbargaining agreement, clubs ation. are now required to provide equivalent coverage even if OPINION: What is your role as the state they operate out of local counsel for the National does not cover professional Football Players Association? athletes. So virtually every professional football player is SULLIVAN: Absent an extraor- now covered by some sort of dinary event like a strike, its workers compensation. seeing that players are afford I think it's tragic to see a ed representation when they twenty-six year old player who are injured; that they know has had four operations on the what their rights are under same knee, who now has their contract; and that their degenerative arthritis on that workers compensation claims knee, and his contractual are properly processed. In obligation is over. Generally general, the task of my such a player has been raised representation deals with in a cradle to grave philosophy former players who, having that either his high school or been out of the league for two college took care of him and or three years, realize that they then all of a sudden he's out need further medical treat- cold. There's nothing worse ment, and don't know how to than being yesterday's athlete go about getting it. I represent because nobody wants to hear both present and former from you. Its like being yesterplayers to see that their rights day's newspaper they wrap under their contract and as dead fish in it. employees in the State of New York are protected. OPINION: Most people are OPINION: Are football players under the impression that professional football players are employees? all exceptionally well paid and move on to lucrative careers SULLIVAN: There's no ques- — — Hochul Top Oralist to the entire school, staff, and faculty." Hochul, a Notre Dame alumThe UB Law School has reason to be proud of second nus, is a native of Buffalo and year student William Hochul, will be working for a winner of the best oralist downtown firm this summer. award at the National Con- He is primarily interested in stitutional Law Moot Court trial litigation, especially at Championship. This year's the appellate level. by Lisa Kandel after their playing days are over. SULLIVAN: Absolutely untrue. There is a small minority that is like that, and I have to say that those people are generally the people that used their money well when they made it, by investing it wisely. But those people come from some form of socioeconomic background continued on page 6 are individual awards for best brief and best oralist. Hochul won the latter award. In discussing his achievement, Hochul emphasized the contribution of his teammates, Tim Prosperi and Brad Bennett, "without whom the award would not have been possible." All three students wrote the brief which was submitted. Hochul also emphasized that "the award is a tribute both. by Wendy Cohen $800 increase would represent increases. slightly more than 30 percent Arguing against the $800 inWhile a law school tuition of the current $2,500 tuition crease in his report to Sample, hike for the 1983-84 academic rate. Dean Headrick states that an year seems almost inevitable, While the Trustees will not $800 increase is unfair because Dean Thomas Headrick hopes be making a recommendation students cannot adjust to such that if an increase is approved, on the tuition increase for a large jump. He writes that "it it will be held down to the $300 several weeks. Dean Headrick will be extremely difficult for undergraudate students will commented that as a practical most law students to expand have to pay, rathel* than the matter, if undergraduate tui- *heir -income and other $800 figure under consideration is raised, it is not likely revenue sources by $800 in one tion by the State University that law school tuition will re- year," particularly since stumain the same, "in spite of the dent loans have ceilings and a Board of Trustees. A proposal to raise law fact that there is a good case majority of students are school tuition by $800 was for leaving our tuition where it already borrowing to the ceilconsidered by the SUNY is," and allowing rates at other ings, and opportunities for trustees in February, but it was graduate programs to increase part-time jobs have been neither approved nor defeated. gradually until on parity with declining due to the deep The trustees did, however, con- law school tuition. The dean recession in Buffalo and New sider a number of other tuition hopes that if an increase must York State. be approved, it will be limited The amount of revenue that increase proposals for the remainder of the University to no more than $300, approx- would be raised by an $800 insystem, deciding to tentatively imately the same amount that crease far exceeds the added take a stand against differen- it appears undergraduate tui- costs of operating the law tial undergraduate tuition for tion will be raised by. school next year, even if the Law school education is not law school experiences no cuts students at the four University Centers, and differential tui- more expensive to provide in personnel. According to the tion for upper and lower divi- than other graduate education. dean's report, based on the sion students. Dean Headrick According to figures cited by school's current projection of explained that the $800 figure the dean in a report to UB 775 students for 1983-84, the under consideration by the Trustees was supposedly arrived at to reflect the governor's expectation that tuition rates throughout SUNY programs would be raised between 20 and 30 percent. An judged by lawyers, professors and judges, was held in Chapel Hill, North Carolina from February 23rd to Thirty two teams from various places across the country participated in this annual event, probably considered the most prestigious Moot Court in the country. There were three people to each team. In addition to the team awards, there .. Pfeffer Board of Trustees Proposes 30% Law School Tuition Hike competition, 26th. photo by Legal motions and illegal motion? Richard Sullivan deals with President Steven Sample, the budgeted instructional cost per full-time enrolled student in the law school is $2,052, while the comparable instructional cost per full-time students university-wide is $2,383. Noting that in the academic core, the law school "is the third least expensive academic unit, and most units have both grduate and undergraduate programs," Dean Headrick said, "If tuition bears some relationship to cost, the law school should have the lowest graduate tuition in the academic core, not the highest." The dean has expressed his outrage over the $800 proposal to President Sample, and he feels Sample shares his concerns and is "willing to lead the fight to keep tuition down, although he suspects there will photo by Hick Roberts I be some increase." Dean Headrick also pointed out that it is the two programs which are unique to SUNY Buffalo, law and pharmacy, which Rooties abounded with revelry and antics as the Class of '83 seem to have been singled out threw a pre-graduation party. For a closeup view of the festivities, turn to page 5. for the highest possible tuition The 83 Daze Party... ' $800 increase would yield about $620,000 in added to the state. Negotiated salary increases and other projected cost increases in the law school budget would cost the state about $300,000. "It is unfair to burden a small group of students with such a large contribution to SUNY's budget problem," concluded the dean. At $2,500, current law school tuition is already high compared to many state schools. Resident tuition at 72 state-supported law schools for the current academic year ranges from $400 at Texas revenue Tech to $3,360 at Pittsburgh, while the median is $1,265. U/B law school is the seventh most expensive, and pointing out that both Rutgers and Connecticut law schools have lower tuition rates than U/B's, the dean added, "It is less expensive for New York students to get a legal education at the state school in New Jersey or Connecticut as a non-resident. continued on page A �Letters to the Editor Vol. 23, No. 10 Tuesday, March 9,1983 Editor-in-Chief Earl R. Pfeffer Managing Editor Clenn Frank News Editor: Feature Editor: Photo Editor: Arts Editor: Business Manager: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Jill Paperno, Amy Ruth Tobol, Jud Weiksnar Contributors: Jim Kreuzer, Rick Roberts, Lou Roper © Copyright 1983, Opinion, SBA. Any republication ol materials herein is strictly prohibited without the express consent ol the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. . ■-&. "Off The Undergrads"- II "The architectural design of the (Amherst Campus) Spine is analgous to a railroad train. It's as if you are on this train walkCapen Hall being the engine car, Norton ing from car to car Hall the dining car, O'Brian (sic) Hall the reading car with sleeper cars front, rear and in between (sic)." The profound analysis capsulized above appeared in a recent Spectrum. The author, a U/B graduate student, used it to make a point about our eternal student union controversy; but in doing so, he incorporated a common misconception about the architectural design of the Amherst Campus. O'Brian Hall, in particular its library, has indeed become a "reading car" to the University at large. The Opinion believes, and most law students would probably agree, that the John Lord O'Brian Car was never intended to serve this purpose. On any given evening, the students using the law library for its law-related materials may easily be outnumbered by the engineers, premeds and would-be corporate managers who come here in search of only a well-lit place to sit. These visitors no doubt favor our library over the noise of the UGL social club over in Capen "engine car," and they probably find other libraries, such as those in Lockwood or Baird, to be too far away from the Norton "dining car." During peak study periods, the collective presence of all these visitors puts serious contraints on the space available for law students and the other readers who must do their legal research where the law books are. Even if every visitor to the law library were a perfect guest (and every visitor clearly is not), the law library would be overtaxed in trying to accommodate them all. Thus far, however, the law library has done nothing to discourage other University students from using the facility as a "reading car." We must question how long the law school will be able to maintain its not-so-benign neglect of the problem. Both of our law school neighbors in upstate New York have already begun to face the consequences of dismissing the importance of maintaining their law libraries for their intended uses. The Buffalo Evening News recently reported that the Syracuse University law school has jeopardized its accreditation by failing to keep its law library up to the standards prescribed by the ABA for such — An Alternative to Caps & Gowns TO THE CLASS OF 198J Graduation is a rite of passage: it is a ritualized event which marks a significant transition in the lives of its participants The ceremony is highly traditional stylized costume, and has associated with it a certain and helps signifies gown, which the cap and delineate the brief transitional phase during which one is no longer a student but not yet a juris doctor it Law school graduation is an important event; trainintense years of three of completion a signifies ing while it simultaneously launches us into our careers and our lives. It is especially meaningful for parents, spouses and friends who have nurtured us and supported us with their love and their sacrifices. and a It is a transitional occasion for them as well — one too. It is withfull knowledge of the meaning of graduation and the significance it holds for all of us that we have decided not to wear caps and gowns at commencement We did not reach our decision out of disrespect for those who will choose to graduate in full ritualized attire, nor it is an attempt to belittle the ceremony itself. Graduation is a significant event in our lives as well. But merely not wearing the cap and gown is not we believe that a symbolic statement enough such as we are planning requires an affirmative act: We have therefore decided to donate the $20.00 joyous — which would otherwise go to the cost of the cap and gown to a cause of our own choosing. Someof us will make donations individually; others of us will make a collective gift. We hope to announce in the graduation program our reasons for not dressing in traditional garb and the causes supported by our donations. As commencement is an occasion of symbol and a time of reflection we have chosen to infuse this symbolic gesture into the ceremony as a reflection of a commitment we all shared when we came to law school: we arrived at O'Brian's doors in August, 1980, with the belief that our careers as lawyers would be devoted, at least in part, to the achievement of social justice. By not wearing caps and gowns and making a donation, we are symbolically reaffirming the principles, values and commitments we held when we began our legal education. We encourage other graduates to join us. It will be our way of saying to the assembled body on May 22nd that we have made it through law school without losing an important part of ourselves in the process. Earl Pfeffer ChristineKroetsch Amy Ruth Tobol Barbra Kavanaugh Judith Romanowski MaryMcHale Herbert Eisenberg Mark Reisman Kevin Casutto 'I'm Damn Proud of My D!' To the Editor, I had never gotten a "D" before in my life until now. Therefore, I thought that it might be appropriate to share my thoughts with all of you on this very special occasion. Let's begin by saying that this is about Prof. Spanogle's Commercial Paper final last — semester. The test wasn't overly dif- ficult, but required the student to answer four rather long questions in three hours. As Prof. Spanogle put it, it was a "horse race." I answered two questions well, but like many others I was forced to scramble to get my remaining thoughts down on the last questions. There were times during the test when I was almost overcome with the frustration and angerof not being able to get what I knew down on the paper. I stuck it out, though, and I got a "D". C'est La Guerre. During the test, some persons), due to the anxiety of the testing situation, packed it in and went to Charlie Wallin to say that they couldn't finish the test. A deal was then workfacilities. Meanwhile, accreditors at Cornell's law school warned ed out so that this person(s) that its library would have to limit access by non-law students so would take the same test over that the facility could meet the required ratio of library study again, after the weekend, and space to law student population. We are not suggesting that our law school's accreditation could be called into question because of the problem of use by outsiders, but we think that the illustrations from other law schools do suggest how important it is to Editor's note: The following keep the center of a law school in the optimum condition. was received from the FSRB A little over a year ago, The Opinion suggested some drastic with the student's name measures for dealing with the problem of "hordes of deleted. undergraduates." Last year's editorial board may have sensationalized the problem, and the solutions then proposed were From: Janet Lindgren, quickly (and, we now think, properly) dismissed. We now call for Chairperson a more passive approach to the problem than the checking of Faculty Student Relations ID's or the closing of the law library's stacks to non-law students. Board First, the library should promulgate a policy that limits library acWe have received your cess to law students and those other readers who are actually us- twelve page "Request for ing the facility's legal resources. Second, the law school should Review of Grade" which condesignate and keep open classroom space elsewhere in O'Brian sists of (1) a comparison of Hall for study use by those not needing the library's resources. your own examination answer Currently many such locations are hogged by students on a first- and an H paper, (2) a refutacome, first-served basis. Certain first and second floor tion professor's grounds of the classrooms could be designated as study rooms for quiet or for the D, and (3) a detailed group study, and for smokers or non-smokers. Finally, we comparison of issues covered recognize that the problem cannot be solved by the law and omitted in your answer, librarians alone. The staffs of the libraries in the Capen "engine the H+ answer, and the procar" must do their parts to maintain the intended atmospheres of fessor's outline. While the receive a pass/fail grade. and no one knows how they're Now this may strike you as going to do on any given test. funny, but I get the feeling that Like I said before, not being a after a whole weekend, this quitter when the chips (or person(s) might be able to get a negotiable instruments ha ha) nice "P" in Commercial Paper. are down, is more important in All I'd like to say is that I stuck this world than H's, Q's, and out the exam when I felt like D's. I hope that this school is quitting, and maybe I deserve proud of the values it is instilla "Q" just for courage. I got a ing in its students, and that "D" though, and you know maybe someday when people what, I'm proud of my "D". It are running up to Mr. Wallin proves that I'm not a quitter. during tests because they I'm not going to graduate might not get an "H", or their Magna Cum Laude, but I'm not contact lenses are bothering a quitter. Neither is anyone them, or their lucky pen just else who stuck out that rotten ran out of ink, the administration sees the folly of their test, for better or for worse. The administration of this ways. Until then, take care school should be ashamed of boys, because I'm getting out itself for coming up with such of here before anything else a stupid solution to this proreally stupid happens again. blem. As for Prof. Spanogle, the grades to the exams conveA Student at a Law School in Western New York niently came out right before his plane jetted off to China sabbatical. I also hear that it's pretty tough to get a hold of an exam to look at. Bon voyage Professor, watch your step on To the Editor, the Great Wall. Let's face it, unless someone I am writing you this brief is having a heart attack, an letter in hope of some help of or some epileptic fit, other verifiable illness they should your assistance. As you can tell finish an exam. At least a dif- from the above address, I am ferent exam. Life is a gamble. incarcerated. I have been incarcerated for six years last No one knows how they're going to feel at any given time, Sept. 3. Since being incarcerated I have lost all family ties. This is the reason I am writing to you. I hope that you would be so kind as to place that it will not entertain a my name, number, and address grievance which goes to the in your newspaper so that professor's evaluation of the perhaps I could start trying to quality of performance on an develop some true and above examination. sincere friendships with We do not now reach a dif- all some of your students. To ferent conclusion. Evaluation maintain my complete sanity of a professor's grading of a as well as better myself and particular examination would again become aware as once require review of all the exto going on in the outaminations in the course and sidewhat's world! familiarity with the subject As I have said, I have lost all matter as taught by the profamily welcome all fessor. Such review is fraught who ties so I to would like write! So not only with practical difficulties but with the need to please print my name in your be respect a professor's judge- weekly paper; it would ment of what he or she has highly appreciated! Thank you for acknowledgetaught in that course, what was ment of this brief letter. on expected the examination, Sincerely seeking true and how the student perform- friendship. Please Write FSRB Decides Case + their facilities. The general-purpose libraries at U/B must become FSRB will consider grievances ed in comparison to other what they were intended to be, so that the law library does not regarding grades where the students. Recourse in cases have to be something it was never intended to be. claim is that proper pro- beyond the purview of the cedures were nol followed, it FSRB would be to the full has been, the FSRB's position faculty. m I ~, I ■ !(( }. 2 opiifts »*irt*smi Master S. Barceem Dukes i . No. 77-A-2222 Box 149 Q^'\iH) ,\Mif*'cNYi 4011 ' | : f !91 �Law School Organizations Announce Policies BCMS that lasts well beyond gradua- tain experience in analyzing Activities at the Alden Chapter here at Buffalo Law School include our famous PAD booksale held at the beginning of each semester. We also work closely with the Red Cross to sponsor the Bloodmobile at the Law School twice during the academic year. Last summer three members of the Alden Chapter went to the international Convention in St. Louis, Mo., and met with over 500 attorneys and law students from throughout North America. In the fall, we sent representatives to the District Conclave in Syracuse to meet with members of other chapters from the Northeast. Locally, our most recent social successes include our fall alumni/student dinner at Chefs Restaurant with Judge Martina and another well attended "First Floor" keg party. Several of these parties are held throughout the academic year. Professionally we have sponsored several speakers, including the most recent on 'The Insanity Defense" featuring Matthew Murphy from the U.S. Attorney's Office. Another speaker will be featured later this semester. Phi Alpha Delta holds an initiation once per semester and welcomes all students to join. Last week PAD initiated 17 new members to bring our current active membership to 77. Events still to be held this year include the third annual beer and wings party and another alumni/student dinner. To cap The following is a brief statement of the purpose and goals of the Buffalo Consumer Mediation Service, to be published in compliance with the provisions of By-law 13. The Buffalo Consumer Mediation Service is a student staffed consumer mediation service which operates in conjunction with the Better Business Bureau of Western New York. Each member acts as an objective mediator in actual disputes between consumers and merchants which have been referred by the Bureau. The mediator assists the disputing parties in reaching a settlement through phone calls and face-to-face negotiations. As a member of 8.C.M.5., the student'can obissues and negotiation skills within the "real-world" context of consumer-merchant disputes. As an added incentive this year, those students who mediated cases for the full year were given the option of applying for one school credit as an independent study under the supervision of Professor Spanogle, in which they analyzed their cases in terms of the relevant consumer law and compared the advantages/disadvantages of out-ofcourt settlement. PAD Phi Alpha Delta is an international professional association of law students, law teachers and members of the Bench and Bar. Our purpose is to form a bond of fraternal fellowship among members and to promote integrity and competence in the legal profession. Phi Alpha Delta has over 165 active chapters located in 57 nations around the world. For the law student PAD helps bridge the gap between the academic emphasis of law school and the realities of practice. This is accomplished through numerous social and professional activities which we sponsor throughout the year. For the alumnus member there is life after law school. PAD encourages continuing legal education and promotes a kind of fraternal friendship tion. Moot Court — BPILP Law Program was begun in 1979 by two students from S.B.A. and two from the BuffaloLaw Review. Primarily, the program arose from a recognition that law students, as future members of the legal profession, have a responsibility to contribute to the provision of legal services operated in the public interest. Washington, D.C. The annual Conference provides legal Lipman, Coorworkers and law students with dinator for the New York State an opportunity to meet and Chapter of NARAL (National discuss legal issues specifically Abortion Rights Action affecting women. League) will speak Tuesday, After the Conference a lobMarch 8, at 6:15 p.m., at Hillel, bying day is scheduled for 40 Capen Boulevard, near the Monday, April 11. People who Main Street Campus. Ms. Lipplan to attend the conference man will speak on NARAL's and wish to lobby, should pre philosophy and activities. The register for the conference by speech will follow a dinner, March 15 which is scheduled for 5:30 * * * p.m. The charge for the dinner Association of is $3.50, and persons wishing to Women Law Students hear Ms. Lipman speak need Invites You to Celebrate not attend the dinner. International Women's Day NARAL Lisa State This year, the 14th National Conference on Women and the Law'wrif'btfhfeM April 7-10 in 5.8.A., Law Review members, about public interest careers, both sides during the three day extending the law school's con- Competition. tacts with public interest legal The Competition stresses agencies, contributing to the teamwork and flexibility, as provision of legal services in well as the sharpening of the community, and providing writing and advocacy skills. students with experience in Each team is provided with an public interest law. advisor from the Board. Short This year's Board is attemp- presentations are given on ting to inrease BPILP's ac- brief writing and oral tivities in order to expand and arguments. Because teams are further the purposes of the judged by local attorneys, organization. We are now competitors receive valuable gathering information about feedback on their perforcareers in public interest law mances and an opportunity to with the intention of making it meet members of the Buffalo available to interested legal community. students. This year, for thefirst In March of each year, the time, we hope to fund an in- U/B Moot Court Board hosts ternship in the N.Y. City area. the Albert R. Mugel National This should increase the Tax Competition. This internumber of students who will school Competition, which is have the opportunity to apply well attended by other law for an internship. In addition, schools from throughout the the contacts we make with East, presents questions of curagencies in the N.Y. City area rent legal issues in federal taxshould help to expand the ation. visibility of the U/B law school This year's final judging in the public interest legal panel was composed of judges community. who sit on the U.S. Tax Court, Students interested in work- U.S. Court of Claims, as well as ing in the area of public in- the judges from the Internal terest law are invited to attend Revenue Service, private law our meetings. firms and academia. In conjunction with its activities in the tax area, the Board is attempting to arrange for sessions of the 1964 Tax The activities of the Moot Court to be held at the law Court Board are directed school so that students may toward the improvement of ad- watch the court proceedings. vocacy skils both written and oral. Each semester the Board holds a competition on In the Public Interest is a campus in which briefs and oral arguments are judged by journal through which students the students and faculty, and past student contributors. Last year $2,200 was donated to BPLIP by the Erie County Bar Association. Students have been placed at Prisoner's Legal Services, Protection and Advocacy Services for the Developmentally Disabled, Legal Services for the Elderly, and Neighborhood Legal Services in Buffalo. Last year, one student worked with Legal Services in Rochester, N.Y., the first time a student was placed outside of the City of Buffalo. Each year, BPILP contacts local public interest law agencies, soliciting proposals for summer internships. The agency is asked to describe its program and the legal responsibilities and experiences that will be provided to a student intern. Students are placed at those agencies which seem best able to provide a structured, well-supervised summer experience. BPILP does not interview or select students for the summer internships. Each funded agency conducts its own selection process through Board members and local atthe law school placement of- torneys. fice. The Charles S. Desmond off the year there will be an In 1981, the program was in- Competition held in the fall alumni/student luncheon put corporated as a not-for-profit semester is open to all 2nd and 3rd year students. Current on by the Buffalo Alumni organization and received taxchapter. exempt status from the I.R.S. legal issues create the basis for Election of officers is com- This will provide tax benefits a problem distributed to coming up son. New members are to the organization as well as peting teams. Past issues have always welcome. Stop by and to individual contributors, and included chemical pollution, visit us at our office in 506 it will help to ensure the conti- surrogate motherhood, and O'Brian Hall for all the details. nuing existence of BPILP. The prisoners' rights. Each twoBoard of Directors is made up person team submits a brief for of five members: one represen- the side of its choice, although The Buffalo Public Interest tative from 5.8.A., one from it must be prepared to argue Bulletin Board AWLS In its first year. BPILP raised three thousand dollars which it used to fund summer internships for two law students at legal service agencies in Buffalo. Both the students and the agencies were enthusiastic about the program. The program has continued to fund two to four internships each summer since 1979. Contributions have been solicited from Come and See "World Feminists" (a video tape) 2 Showings March 8 12:30 4:00 Room2T4 Room 108' the Buffalo Law Review and three directors elected from the membership. Board members are not eligible for the summer internship program. The purpose of BPILP is to promote concern for and interest in public interest law. We attempt to do this by disseminating information Cap and Gown Info Caps, gowns and C. F.P.I. and professionals can explore and discuss the meaning and destiny of public interest law. It was not intended to be a legal periodical but rather a magazine which would explore legal issues by examining their historical, economic, and social context. The journal has become a voice for alternative viewpoints and presents an avenue for students to publish their writing in a style generally disdained by legal publications. Poll on Exam Policy S.B.A members have received numerous complaints about the recent changes in exam scheduling policies. It is the understanding of S.B.A. members that the administration intends to allow fewer scheduling exceptions in the future. The Student Bar Association, concerned with representing the interests of students, has decided to conduct an Opinion Poll. The following alternatives were generated at a recent Board meeting. In order to gauge student opinion the Student Bar Association requests that you fill out the following poll, selecting one of the five options presented. Please return the poll to either the Opinion Box in the mailroom or to the S.B.A. office in Room 101 O'Brian. Student ID Number Circle one of the following: tassels be ordered at the bookstore between March 1 and April 1. A $4.00 late fee will be required from those ■ 1. Unqualified open floating exam policy. ordering after April 1 but before April 7. Without excep- I 2. Qualified open/floating exam policy — in which those professors who are completely adverse to a floating exam policy tion (that means you, Ken would give their exams on designated days. It would be the ad| orders no be taken will Joyce), ministration's burden to assure that these exceptional non| after April 7. floating exams be spaced reasonably apart. The procedure might entail setting up a stated schedule and then permitting "i The third annual HONORS professors to "opt-out" of said schedule. CONVOCATION will be held on Thursday, March 17 at 1 ■ 3. Policy of flat rule anyone with two or more exams scheduled p.m. in the Moot Courtroom. 'I within two days has an automatic right to reschedule conflicting exams. More than 20 awards of certificates and cash or books will be given to honor students in ■ 4. Policy ofalternative dates each exam would be scheduled at a a primary stated date and one alternative date. last year's first and secondyear classes. All students and (see Dean Schlegel's memo which I 5. No change in present policmaterials). faSMlty are accompanied registration must — tend. — — tfflftitoH* .fttft0 | ■ ■ ! IJ j l J | a 3 �Social Security Should be Abolished Instead of discussing ways in which the Social Security system can remain viable, the government should be thinking in terms of abolishing the whole system. Based solely on the government's own statistics, the system is a failure. A new system should be developed with the emphasis on wealth redistribution to those older Americans who really need government assistance. Social Security, as established in 1935, was only supposed to be a supplement to the incomes of those Americans 65 and over. It was an insurance system. Since 1960,the government has been making Social Security more a primary source of income than a supplementary form of income. Such things as automatic cost of living adjustments and increased benefits have given present-day retirees a disproportionate amount of money relative to the amount of money that they paid into the system. Unfortunately, those Americans who are still working are paying ever increasing amounts and constantly being told that the system is going to be bankrupt by the time that they are ready to retire. Politicians are blind to the fact that Social Security is an antiquated system. Americans are living longer, and the population trends are skewed Margulis Memoriam On August 9, 1982, the law school community was saddened by the death of Dale Margulis of the Class of 1982. Among other accomplishments. Dale was instrumental in arranging the many activities surrounding commencement. To honor his contribution to the Law School and the community, a service award has been established in his name. This award includes a monetary consideration and will be presented annually at the graduation ceremony to a student who has contributed to fulfilling the needs of the school and the community. Individual students of the Class of 1983 as well as student organizations are encouraged to make their nominations of students thought deserving of the award. The name of the student as well as a one-page explanation of why s/he should receive it must be in Vivian Garcia's office by April 15. The final selection will be made by the deans. be a high concentration of people just above the poverty level in order for the average income level to be viable. Therefore, many peochanges in the system must be ple, particularly those older effectuated. However, Presi- Americans whose income dent Reagan, Speaker O'Neill, levels are above $25,000 do and Rep. Pepper (D-Fla.) seem not really need Social Security as a means of supplementing to be more interested in maintaining the "integrity" of the their income. Those at the current Social Security system poverty level should get more than with providing for the than the Social Security entitlement The system as it is needs of the elderly. The Department of Health presently structured should be and Human Services, which abolished and a system where controls the Social Security "needs" is the sole criteria Administration, recently should be established. published the following An alternative to the present statistics, the average day Social Security system household income of older would be a system that emAmericans is $12,628; 11% of phasizes needs. The Social older Americans have Security tax, with its limits on household income of over how much individuals should $25,000; and 25% of older contribute, must discontinue. Americans have household in- General taxes must be raised. come levels at or just above The government must, through the poverty level which is increased tax deductions for $4400. Based on these those who set up individual numbers, it is obvious that the retirement accounts and incenaverage income of $12,628 tives for businesses to set up does not represent the income pension plans, gradually phase of the "average" elderly out its entitlement program to household income. There is a those older Americans who do disproportionate number of not need to be helped. By givpeople at the bottom of the ing money to the elderly based scale than there is at the top of on "need," the government the scale. Since 25% of older would be eliminating the inAmericans are at the poverty come maximums established level, and 11% are above by Social Security, as well as $25,000, statistically there towards a decrease in the number of people being born each year. These two facts alone should indicate to our elected officials that basic will hold an OPEN HOUSE on Monday, March 21 from 5:30 p.m. to 7:30 p.m. in Room 118 O'Brian Hall ALL WELCOME Word Processing uses computer technology to provide fast, high quality service at prices often lower than using traditional typing services. — l-'FOTO I. ILIL/fc: WORD PROCESSING Complete Editing Capability No need for retyping when editing drafts All Final Copy Printed on Rag Bond 16 Typestyles & Symbols to Choose From Printed to Look Like Typeset or Typewritten Experience in doing legal work Complete Resume Service Regetitive Work at Reduced Prices Personalized form letters mailing lists Related Services Provided -TYPING Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed Whether you type or not, PROTO-TYPE can provide you with highest quality work that computer technology can provide. CALL PROTO-TYPE 833-3348 Ask For Randy 4 Opinion . New Waves THE GAY LAW STUDENTS ASSOCIATION j) must March 9, 1981 Commentary by David Allen Cass ceasing to disuade older Americans from working, in order to placate those Americans who have already paid into the system, the government can give that money back to those people through gradual income deducations on their taxes. The government would have to stagger this amount to take in- to consideration the different amounts paid into the system. At the present time, the government refuses to use its vast resources to intelligently deal with the Social Security problem. There are many reasons for this inaction. One in particular is the Social Security Administration. Any action that might diminish its power would be vehemently opposed by the Administration. Social Security in Washington means patronage. It is unfortunate that the politicians in this country refuse to deal with the Social Security problem. It has become a political tug-of-war where all .Americans are ending up in the mud. The socalled "Reagan-O'Neill compromise" does nothing substantively except prolong the collapse. Meanwhile, the older Americans, all seven million of them, who are at the poverty line, are on the grocery line buying dog food. StiffJud Mittin Returns by Weiksnar There'd be no school the so the other Sunday night I decided to head down to the Continental and check out Stiff Mittin. It'd been a while since I'd seen the band, and I'd heard they'd made some changes. In the past 18 months, they've added a new sax player, subtracted a keyboardist, and recorded a track on the Z9B album. For the most part, though, Stiff Mittin is still the same: a tight, energetic group that gets the crowd dancing in a hurry. They still play a good mix of polished cover tunes and decent original material. And the papers are still misspelling next day, "Mittin." The biggest surprise about Stiff Mittin, however, was their warm up band. The Lumens. Billing themselves as "Buffalo's Most Outrageous Power Pop Band," this group epitomizes the new wave of rock and roll. The Lumens were playing their first gig at the Continental, where the audience is known for its apathy, if not utter disdain, toward first performances. The Lumens held this crowed, though, and ti would be a big surprise if they didn't get a following and quick. With bands like The Edge getting a lot of media hype (one critic called them the next Rolling Stones, but I guess if you like the Stones' recent work you'd like The Edge), one can sense the frustration in a band like The Lumens, who really put something into their music, but had to wait six mon- ths to get a date at The Continental. I won't say The Lumens are the next Clash, there is a although resemblance. And if they keep up their outrageous power pop, they should become one of Buffalo's only bands that matter. Prison Law School Getting out of school and ning the Law an urgency that testing your legal wings is a school just can't match. One healthy and necessary ex- might tend to underestimate perience every once in a while. the insight that an inmate Prison is as good a place as could offer to a law student many. In fact some students until the student sits down at teaching Basic Legal Methods the table with a group of inmates and talks about the law. to inmates at Gowanda's newly opened medium security The class last Thursday night prison might tell you that their was filled with insight and experience "out" was better urgency. Students felt perhaps it is not all for naught; perhaps than healthy. is a need and a use for About 25 inmates attended there what' we are learning to do; and showed great enthusiasm perhaps we are learning to do about the class. The course is something. Inmates provided to designed impart basic skills much enthusiasm for the class of legal research and writing, and much appreciation for the yet many inmates were far efforts expended. more versed in legal logistics The class will continue for than one might suspect. the next seven weeks, and if Obviously being in the success and interest continues, prison system gives to one lear- again next semester. I_M �83 Days Left...BwutiIlM?Tahkeey photos by Rick Roberts M.rcth 9,it«81 ©pinion 5 �Sullivan Stumps for NFL Players Association continued from page 1 that prepares them for that kind of thing. The vast majority of professional athletes are not in that position. They generally get bad tax advice and are unprepared for life after football. OPINION: Did the press accurately present the issues of the strike? SULLIVAN: Absolutely not. I was terribly disappointed that the press did not understand the issues. They took off on this 55% of the gross ideas that the union had come up with but ignored other factors. As to the 55% idea, I think it was a good one. No other industry in America could get away with what the NFL gets away with. It is an absolute monopoly. The NFL took the position in the case out in Oakland, the Davis case, that they were a "unitary partnership," which is a term I never heard of before, that was not in competition. They argued that since they were not in competition with each other, they were therefore not subject to the antitrust laws. That argument runs the same as if Ford, GM, Chrysler and all the Japanese companies got together and said, "Look, we're all in this together, so why don't we set and set working standards for the people that are going to work for us, and then say we're not subject to antitrust laws because we're not in competition." Obviously a jury wouldn't buy that, and no jury has. There's not one time that I'm aware of where the NFL's system of doing business was put before a federal court, with scrutiny under the antitrust laws, where that system was not ruled violative of them. This is true of the common draft where 26 teams get together and say that a particular player is going to play for one team and one team only, and if he doesn't like it he doesn't apply his trade anywhere else. This is true of the standard player contract where you come in and say to a player, "You sign this conprices — tract and this contract alone." These are all antitrust violations. OPINION: Doesn't the NFL have an exemption from the antitrust laws? SULLIVAN: No. Pete Rozelle tried to get one and is still trying to get an exemption from the antitrust laws for this very reason: he knows that by law this system will not stand. Bills have been introduced which provide the NFL with retroactive exemption from the antitrust laws. One of the people behind the proposed legislation was Senator DeConcini (?) who's from Arizona, and of course Phoenix has been promised a franchise. Senator Baker from Tennessee was another strong supporter, and Memphis was also promised a franchise. I think that the press was inthat income is guaranteed for timidated five years at $13 to $16 million dollars per year in your pocket OPINION: Was there editorial before you even blow up a policy by the media not to football, why bother to win. cover certain aspects of the strike? OPINION: Is that guaranteed SULLIVAN: Oh, no. I just don't profit? think that the general reporter SULLIVAN:. No. That's covering professional football guaranteed income. But this understood the substantive about the profit. Most of the issues because he's not called teams play in subsidized upon to do that. He or she is stadiums with low rent; they called upon to report upon a know what their players' football game, to write stories salaries are ahead of time, so during the week as to which they can sell tickets and player has an injury, which charge for parking to cover players are playing well and those expenses. Remember, which aren't. But to get involvthis $13 to $16 million ed in these substantive issues he or she didn't want to do represents revenue apart from ticket sales. It's guaranteed that. They were unfamiliar TV. income whether or not with it and they covered it very they appear on T.V. The poorly. Baltimore Colts didn't win a game this year, but they got OPINION: But if they had the same amount of T.V. wanted to they surely could money as the Washington Redhave? skins did. On top of that, every time you buy a T-shirt or a pen- SULLIVAN: Oh, they could nant or some other souvenier, have a field day with the NFL. take a look at the tag on it it You know, I never would says NFL property. All the have gone on strike. I would teams in the league share the have counseled against the revenue from those sales. Now strike. there's no other industry in America that I know of that OPINION: Why is that? does that. SULLIVAN: Because the OPINION: How would the pro- owners needed the collective posed collective bargaining bargaining agreement much agreement have changed all more than the players did. Because, you see, the collecthat? tive bargaining agreement SULLIVAN. It wouldn't change gives the owners the right to it at all; as a matter of fact, it conduct a draft; the right to was the players waving the have a standard player conwhite flag saying "We sur- tract has given all those things render, your system is too back to the NFL which it lost in i good. We want a piece of that court. And one of the first system!" clauses in the proposed collecNow that infuriated the tive bargaining agreement was owners. The players weren't a no-strike clause which says trying to change the game at that the players will bring no all. When the owners said that actions under the antitrust the players proposal will ruin laws. football, why that was Absent a collective bargainbaloney! What the players ing agreement there is no way were doing was saying, "We any owner in the NFL can tell want a piece of this action; we John Elway which team he is know that free agency doesn't going to play for. Now, ask work." yourself a question: Elway is When, a player with the apparently a magnificent capabilities of Walter Payton, athlete. He has obviously the finest running back in foot- worked very hard during his ball, is a free agent, and life to become as good as'he is. nobody bids on him, that tells Say he's drafted by the you something. Why? Because Baltimore Colts in April. He each owner owns 1/28th of has to play for that team or he Walter Payton right now. They can't play at all. There is no ineach own 1/28th of every dustry in America which can player in the league. What dif- require you to do that. Why do ference does it make to any they get away with it? owner if he or she has Walter Payton playing in his or her In giving that up stadium. Alright? Because T.V. OPINION: and signing the collective is money guaranteed, why pay bargaining agreement, what Walter Payton a whole bunch players get? of money when winning or los- did the ing a game makes a minimal SULLIVAN: They get all the difference. things you get by being in a Most stadiums have a 55,000 union: representation and color 60,000 seating capacity. lective protection. For examBuffalo is unusual with an ple, people don't realize that 80,000 seat stadium. Most no such thing as a long there stadiums can get sold out with term is contract in professional mediocre teams. You're going football. Each professional to get 55,000 people at a proplayer signs a series of fessional football game on football one year contracts that run Sunday come hell or high from April Ist to March 30th, water. So, putting Payton in year by year. A player must there, and going 14 and 0, or 16 the team every year. He and 0, doesn't make a heck of make can get cut at any time. There a lot of difference. All it does is no such thing as a is increase the expense side guaranteed contract. You get where your revenue is already paid in 16 separate inknown. It won't put any more stallments. If the team cuts money in your pocket. And to you in week 8 you are not enme this is the aspect of the titled to the remaining 8 weeks game the press really didn't of your salary. Opinion ' ' 'March 9, year following an injury they are entitled to $50,000 or VS of their salary, whichever is less. Under the new collective bargaining agreement, you have the right to see your and believe it or not they had to bargain for this, which just own docboggled my mind tor. A team physician is an employee of the team, and, in my opinion, whether or not a player passes a physical is in general a business decision, not a medical one. Joe Namath never would have played in the NFL, nor would Dick Butkus, Roman Gabriel; or a whole — — — — . Getting back to your earlier question, in my opinion, the press never fully explained the system whereby there is absolutely no incentive to win. If you have a shared revenue system where every team gets the same amount of money from television no matter report. 6 OPINION: You mean there's SULLIVAN: That's right. A no point during the season at player would get paid in full which you become entitled to for the year up to the time he was injured. After that he'd get your entire salary? the bargained for benefit. And SULLIVAN: Absolutely not. after that he'd get nothing. Even it you play to week 15, Unless, of course, he you're not guaranteed the last negotiates on his own some paycheck. It used to be that if sort of injury protection you had an injury, say in 1982, clause. But, I can tell you that and you came back and failed there ain't much negotiating the physical for 1983, you that goes on! You see, that would end up with nothing. As goes back to the 55% the a result of the collective players wanted. Right now the bargaining agreement, the players have no negotiating players have an injury protec- power, and that's why the want to pay tion clause, so that during the players whether you win or lose, and 1981 ' themselves. I don't like to negotiate for the players because I want to negotiate where I have an equal footing. There's no equal footing for a player its a take it or leave it deal. Where's he going to go? Canada? Of course not? — OPINION: Of the 100 top paid professional athletes, isn't ittrue that only three are football players? SULLIVAN: Yes,,only two or three are professional football players, and there is no sport in bunch of other people who America that generates the were stars in the league, if their dollars that pro football does. physical condition was based Just look at the television conon a medical evaluation alone. tract. None of them would have ever The players argument was that they produced the most played. Now, for the first time, dollars, and generate the most under the collective bargain- fan interest. They asked, "Why ing agreement, the NFL do we get paid the least?" Now recognizes a player's right to there is something wrong, and get his own medical opinion. I I'll tell you want it is its the was in daily touch with the system by which the NFL people doing the negotiating operates. The owners got so over this contract, and they upset not because the players would tell me these things, and wanted to change the system, I would say, "The players are but because they wanted to entitled to that by the laws of become part of it. New York. You can't prevent The union basically said: someone from seeing their "Your form of socialism is pretown doctor." ty darn good. You got a good Most players are afraid to do thing going, and we want a part that because you get branded of it." All these great as a trouble maker or an outcapitalists, all these guys that sider if you insist on your scream about the American rights. And they way the consystem and about free comtract is set up, they'll just be petition, why, they're all cut. socialists when it comes to their own business. Why? OPINION: So, if a player Because their brand of comes along who is a bona fide socialism has put an awful lot star, and he signs four 1-year of money into their pockets. contracts, then gets a severe And the fan takes it!! knee injury during his first year, never to play again, does OPINION: The fans don't seem he get to collect on any of to complain about the money those contracts? people in the entertainment industry, even television SULLIVAN: No. Except for the newscasting, are being paid. — injury protection clause of the collective bargaining agree- ment. OPINION: And that's for one year? SULLIVAN: That's right. And those people don't put their personal physical condition on the line, day after day, where in one instant by mere accident, a player's career is ended. Commencement News ' SENIOR PORTRAITS: Senior protraits will be taken from March 15 through March 18, during the hours of 8:30—3:30, in the Jury Room. Sign up sheets for appointments will be posted in the mail room. There is a $5.00 sitting fee, but every student who sits will be given a free composite of the class. Don't forget to sign up!! CAPS, GOWNS, HOODS AND TASSLES: Order them at the bookstore from March 1 April 1. After April 1 there will be a late charge THIS WILL BE THE ONLY AN- NOUNCEMENT!!! — ANNOUNCEMENTS/INVITATIONS: Announcements can be ordered at the bookstore. There will be no formal graduation tickets. However, invitations will be available, compliments of the Administration, sometime in April. �They Once Made Steel In Lackawanna, Right? by Mike Reilly moveable units of their Scranton plant, but also decided to design a plant from the ground up on a scale of operations of such magnitude that it eclips- Editor's note: Mike Reilly grew up in South Buffalo and worked at the Bethlehem Steel plant in 1969-1970. Some of the ed any construction ever atinformation in this article is tempted in the steelmaking taken from The History of field. Lackawanna published by the On May 29, 1900 the-first Lackawanaa Bicentennial Comcontractor arrived on the site mission (1976). with 250 men to begin cleaning the land for the new mill. It was labeled as the "Eighth Wonder of the World." The first steel was produced on OcOn December 17, 1982 the tober 29, 1903. Buffalo Evening News headline In 1904 the magazine Iron read "Bethlehem To Cease Age described this new mill as Steelmaking In Lackawanna". "the greatest individual steel If you were out of town during plant in the world." This plant the semester break, or even if "was truly a pioneering effort you are a local resident, you which caught the imagination may have wondered about the not only of the steel industry importance of this "coming but fired the imagination of all event." How important is one who saw its unfolding more plant closing in a city success." where hardly a month goes by Some of the innovative prowithout the announcement of cesses of this complex includanother major shutdown? ed "the first regenerative coke This shutdown is particular- ovens, the first utilization of ly significant because it in- blast furnace gas to generate volves a corporation which is electric power and the first apone of America's most imporplictions of electrical energy tant, and because it involves a to tasks previously done by product which is the very base steam or hydraulic power." of an industrial society. At the turn of the century Bethlehem is not a marginal most of the area that is now corporation unable to weather Lackawanna was then known a slack economic period and as "Limestone Hill" and was its product is certainly not a part of West Seneca. speculative new innovation. Limestone Hill was a rural Perhaps it is in America's village with a population of apsteeltowns that we can most proximately 300. clearly see the changes that Although Limestone Hill was are coming. In cities like an excellent location for a Chicago the effects of a steel steel mill it was a poor one for shutdown may be more diluted a town. The land to the west of and less recognizable because the turnpike was occupied by of its large diversified the mills and the land to the economy and workforce. But east of the turnpike was split in in steeltowns like Weirton, half by a series of railroad lines Youngstown, Johnstown, or which ran south from Buffalo. Lackawanna, the effects of a Even the land in between these steel shutdown can be stark two boundaries was split with and devastating. two sections by -a central It is the relationship of this swamp of stagnent water. giant steelmaker to the people The development of of the City of Lackawanna Lackawanna as a community which makes this shutdown so has always been hindered by important. And in a larger these physical restraints. The sense, the people of Lackawanarea between the turnpike and na are but the proxies for the the railroad tracks is the first rest of us. ward and has traditionally been the area where the newest immigrants have setA New Town Is Built If one were to stand on top tled. of the Father Baker Bridge and Lackawanna always held the view this huge industrial site promise of upward mobility one might well wonder what for the children of blue collar the story was behind the plant workers. This was achieved which was now headed for ex- literally by "crossing the tinction. From this vantage tracks" to the more prosperous point, if one were able to second and third wards. These travel back in time to the turn were the newer areas of the of the century, he or she would town and more removed from see a very different picture. the clouds of red dust and Looking south, he or she black smoke which were the would see a rectangular strip by-product of steelmaking. of land bounded on the west The City of Scranton not onby Lake Erie and on the east by ly contributed part of its steel the Lake Shore Road (now mill, but many of the workers Route 5). This property, once who helped construct the new "part swamp land with low facilities and later stayed to meadows and sand dunes," work at the plant hailed from was transformed from a quiet that town. Many of these agricultural setting into a workers were Irish and they beehive of industrial construc- became known as the "Scrantion at the turn of the the centon Irish." The workforce was tury. also composed of the newly arIn 1899 a Scranton, Penn- rived immigrants from Poland, sylvania company, the Hungary, Italy and the Slavic Lackawanna Iron and Coal countries of Eastern Europe. Company, decided to construct a new modern steel mill Making Steel here. The Lackawanna Iron Lackawanna was an exlocation for the new Coal decided cellent management and not onry to relocate the plant and was typical of the . , many mills which were springing up around the Great Lakes. As land was readily available, the plant eventually came to cover 1600 acres along a 3.5 mile stretch of lakefront. Iron ore to feed the new blast furnaces was also plentiful. This ore came from the open pit mines of the Mesabi Range in Northern Minnesota Once this high grade ore was mined it was loaded into the cargo holds of Great Lake steamships, and carried to the mills at the southern eand eastern ends of the Lakes. Another necessary component of steelmaking was coal, which was readily available in the mines of Ohio and Pennsylvania. This coal was shipped in over the network of railroads which served Buffalo. At that time the Queen City was a center of railroad activity and was interconnected to other cities by one of the most extensive networks of roads in the country. This transportation network also enabled the Lackawanna Iron and Coal Co. to market its products over a wide area of the United States. (Lackawanna also possessed an abundant supply of another essential ingredient for steelmaking water as it requires eighty tons of water to produce an ingot ton of steel.) In 1909 Limestone Hill's population had grown to 15,000and it was incorporated as a city. As a sign of the relationship between the citizens and the steel company, they named their new city — "Lackawanna." In October — 1922 the Bethlehem Steel Company bought the plant from the Lackwanna Iron and Coal Co. This was part of a trend by some of the smaller indepen- dent steel companies to improve their competitive position against the giant of the industry, U.S. Steel. Bethlehem became the second largest producer of steel in the country and the Lackawanna facilities consisted of ten coke oven batteries, nine blast furnaces, four besemer convertors, 24 open hearth furnaces, ten rolling mills and a fabricating shop. The remnants of these facilities are still visible along the lakefront today. Remaining blast furnaces can be seen at the Hanna Furnace Company, directly across from Gate 1 of Bethlehem Steel and on the left sideof the Father Baker Bridge as you cross the Canal. These are large steel vessels which are about 90 feet high and twenty feet in diameter. The basic ingredients of steel, iron ore, limestone and coke, fed into the top of these giant vessels and are brought to a boil. This effects the reduction of these elements into the basic ingredient of steel, pig iron. The pig iron is next sent to the open hearth where the iron is reheated in huge pots which hold up to 300 tons of metal. The iron is "cooked" for eight to ten hours until it emerges as white hot steel. From here the steel goes to one of the rolling mills which reduces the ingots or billets into the various finished shapes — Ihe Bethlehem Steel Plant as seen from Ward. photo by lim Kreuzer Lackawanna's First and forms. These include round and square bars, rails, structural forms and various types of sheetsteel. 1965. During the late 60's jobs were plentiful. For an eighteen year old who didn't want to go on to college, there was always The Mill Is Organized and a "the plant." At that time it was War Is Fought standard practice for a boy who had just turned 18 to show In 1936 the first representative of SWOC, the Steel up at the employment office Workers Organizing Commit- with his father. Almost tee (CIO), came to Lackawanna everyone knew someone at the to lay the groundwork for colplant and if your "in" was lective bargaining. These were especially good they would ask Depression days in Lackawanyou what department you na as in the rest of the country. wanted. However, there were If the company discovered exceptions; if you were black it that a man was a union wasn't necessary to ask which member it meant immediate department you wanted; discharge. Even against this management seemed to know threat the young, restless to which departments you steelworkers signed the SWOC belonged: generally the most cards. hazardous. On February 26, 1941 a sucCollege students were cessful strike action forced the welcomed and many were company to agree to an NLRB hired to work the summers. election. By now the trickle of This provided pocket money membership had become a for the students and a potenflood and the SWOC was cer- tial stream of technical and tified as the bargaining agent managerial personnel for the on May 15,1941. plant's future. During WWII the LackawanAssess to the plant was na plant became a key point of limited to 3 or 4 major routes America's wartime industrial due to the railroads, and the production. During this period Canal which surrounded it. it produced 13 million tons of During shift change these steel and employed 22,000 roads looked like the Indianapolis 500, as close to workers. Another element was added 10,000 workers changed to the plant during the war places. The plant operated 24 women came to work hours a day every day of the years in the plant. With a workforce year and the shifts changed at which was greatly depleted 7 a.m., 3 p.m., and 11 p.m. If any day was represendue to enlistments in the armed forces, the women enabled tative of life in a steeltown it the plant to maintain the was Friday. On Friday morning record levels of steel produc- the men and women would hit tion needed for the war effort. the lockerooms with a little more enthusiasm in anticipation of payday. The Prosperous Years During the 19505, employAlthough the taverns ment at the Bethlehem Plant was steady and was the couldn't legally open until 8 backbone of a primary metal a.m. you always knew of one industry which employed over close by which had the back 37,000 people in the Buffalo door open when the graveyard area. When you worked at shift ended at 7 a.m. Because Bethlehem Steel you simply of the number of employees, called it "the plant" because these bars would be filled to everyone knew which factory capacity by 7:30 a.m. The taverns were located along you meant. By the late 60's "the Plant" Route 5 near Gates 3 and 4, was booming again, with and dotted the length of Ridge employment over 20,000. Steel Road. They catered to a the was also being made by newer specific clientele and more efficient methods steelworker. The bartender's than the old open hearth idea of a "mixed drink" was to add ginger ale to a glass of system. Previously it took 8 hours to whiskey. Although these bars were "cook" 300 tons of pig iron and turn it into steel. The new small and plain, they might go Basic Oxygen Frunace (8.0.F.) through more money in one could now "cook" 300 tons in shift change than some 45 minutes. This accelerated businesses did in a month. The process was accomplished by process of shift change would the introduction of an oxygen be repeated two more times lance which shot pure oxygen during the day, at 3 p.m. and at into the 300 ton pot of molten 11 p.m. pig iron. This oxygen lance, which creates a great roar and a blinding flash of light, In part 2 of this article, the ushered in the modern steel author will discuss the decline mill. Two of these 8.0.F. of steelmaking in Lackawanna. vessels were activated in 1964 and a third was activated in — — < March 9, 1983 Opinion 7 �Women & The Law Conference Explores Options by Mary Ellen Berger vironment for personal and professional growth. Mayer On Thursday evening, also handles environmental February 24, the Women Law and labor lawsuits in which Students Association spon- New York State is plaintiff, and sored a panel discussion by is constantly trying to develop three alumnae of U/B Law who new areas of jurisdiction on related their career ex- behalf of her "client." periences, strategies, and sucBeaufort Wilbern (U/B Law cesses. The speakers were '76) next addressed the auShelley Mayer of the New York dience gathered in the O'Brian State Attorney General's Of- Faculty Lounge. Wilbern fice, Beaufort Wilbern of Legal outlined differences between Services for the Elderly, and public interest and "tradiRose Sconiers of the Legal Aid tional" firms, pointing out that Society. many of the former are victims First speaker was Shelley of Reagan Administration funMayer (U/B Law 79), who exding cutbacks. In assessing the plained in depth the trials and advantages of working in an tribulations of her practice of agency situation, Wilbern law. Presently employed in a stated that her primary con"unique job" of asserting the cern is not in garnering clients State's rights in civil rights suits or gathering fees, but in deala job .previously reserved ing with the "human factors" primarily for administrative of health and housing rights lost in administrative agencies within the State Mayer lauded Attorney scrambles. The last speaker was Rose General Abrams' office as a supportive and challenging enSconiers (U/B Law '73), Ex- — — S_llc — mm,Wt _»l»»-- assignment and by slowly developing the well-founded selfproWilbern addressed Aid Society of Buffalo. one's in Sconiers related her views on blem of "burn-out" among confidence the role of women in the legal female practitioners and advis- capabilities. Many othe provocative and profession and the skills which ed, "You must learn to strucso informative only topics were and give women must teach themselves ture yourself much to your client, but discussed, including how to in order to succeed professionally. A dynamic and witty without becoming callous." balance the demands of speaker, Sconiers narrated Mayer supported this notion motherhood with professional several particularly relevant and suggested that the woman growth and how to effectively experiences in and out of the attorney learn when not to "network" with other women courtroom which reinforced identify with clients so as to lawyers and professionals. Future panel presentations her assertions that "women fall maintain a positive, assertive of emoare scheduled for Thursday, the face short of the political savvy and demeanor in strategizing skills held by men tional clients and demanding March 10 at 3:30 p.m. and Thursday, March 24 at 5:30 judges. in job situations." There emerged from the On the issue of developing p.m., both in Room 545. Also panel discussion and question career strategy skills, Sconiers of upcoming interest is a film period which followed a comadvised that "Women, scheduled on Wednesday, mon theme: women learning to especially in the 1980's, must March 8, in celebration of Insurvive in the male legal assume more leadership roles, ternational Women's Day. culture. All three guest at- run for office, and coalesce torneys emphasized that together." Sconiers recomwomen law students must mends that women rise to the learn to be much more asser- challenges presented by male tive than ever before, but not colleagues' attitudes and lose those traits of sensitivity assumptions by always being continued from page 1 and intuitiveness so vital to fully prepared for all possible than to go to their own state successfully meeting clients' exigencies of particular work law school." The dean also argues that the current tuition premium paid by law students over and above normal graduation tuition lacks any justification, ecutive Director for the Legal needs. Tuition... Marino-josephson/BRC 71 BROADWAY, 17th FLOOR. NEW YORK. NY 10006.212/344-6180 Dear New York and New Jersey 1984 and 1985 Law Graduates: You can save money now on the cost of your 1984 or 1985 bar review course, AND receive special study aids to help you during law school, if you enroll in one of our courses at this time. No other course offers the services that Josephson BRC (in New York, Marino-Josephson/ BRC) does, and we want you to know about them. For only a $50 bar review course deposit, with no further payment until the spring of 1984 or 1985, you receive these benefits immediately: 1. 2. FREEZE YOUR BRC COURSE TUITION AT CURRENT PRICES: A $150 special discount is currently in effect for non-seniors. FREE OUTLINES: In New a special precourse volume of 10 outlines, for use in law school classes now, is yours to keep— no exchange required—(and your newly revised bar materials are issued in your senior year) In New York, your $50 deposit gets you a complete set of BRC New York outlines. These outlines cover 30 subject areas. Jersey, . 3. "HOW TO TAKE LAW SCHOOL EXAMS" LECTURE: Recorded on audio cassette by Professor Michael Josephson. Professor Josephson is Chairperson of the Teaching Methods Section of the Association of American Law Schools (AALS), and a renowned lecturer nationally on the subject of successful exam taking. 4. DISCOUNTS ON BOOKS AND TAPES: CES, an affiliate of BRC, publishes the Sum & Substance of Law books, Essential Principle, of Law books and produces the Sum _T~Substance cassette tape library series. You receive, after your enrollment in BRC, a 10% discount on any such purchases from a BRC regional office. Enroll now at a significant savings, and let us help you during law school, as well as through the bar exam. We're on your side, and we are here to help every step of the way. If you have any questions, please contact a campus representative or our Eastern Regional Office (212-344-6180). We wish you every success during law school and in your legal career. /, XVI \__s____V >* ~"j«"»*Sffi-iii [Bl P.S. John Audick » Esc .Eastern Regional Director Josephson BRC and Marino-Josephson/BRC This offer is of limited duration, so act now! and recommends that the premium be eliminated, or that the extra funds paid be reflected in special treatment for the law school in terms of faculty salaries, staff support and library resources. The dean contended that the tuition premium is not justified by the argument that a law degree enhances earning power, because initial salaries for U/B graduates are probably not much different than those earned by students with masters degrees from engineering, business and computer science where tuition rates are lower. Dean Headrick also stated that a tuition premium is not justified by the cost of legal education, since educa- tional costs for students at the law school are lower than for students system-wide. Discussing the impact a tuition hike would have on finan- cial aid, Financial Aid advisor Joe Ruh said that perhaps the hardest hit group would be married students whose spouses earn over $30,000 per year In the case of these students, although tuition would go up, they would still not be eligible for any aid except ALAS loans, which require that a 12 percent interest rate be paid while the student is attending school. Aid or loan eligibility for most students would be correspondingly increased if tuition were raised, however. Students receiving full TAP and SUSTA awards will still receive an amount large enough to cover the increase, while some students who have not gotten aid in the past due to their parents income may find themselves eligible for a GSL loan as the overall cost of education is increasing while their resources have remained the same. One bright note in the budget is that SUSTA is not threatened with elimination, for the first time in several years as Joe Ruh noted. Commenting on the inclusion of SUSTA in this year's budget the dean concluded, "If we get the tuition problem under control, we should be in reasonably good shape in keeping ' - '' students financially able to attend 'tfie1 school. 8 "OfrlWrcVn 'WitM4)i463 r �Resisters' Loans Threatened Editor's Note: the following student's record," and it is sugtwo articles first appeared in gested that Selective SerThe Nation, February 19, 1983. vice number his "be made a part of the required information on by David Corn the financial aid transcript." Predictably, the "The message is simple: No amendment has Solomon registration, no money." So widespread criticism drawn within said Secretary of Education the academic community. "I T.H. Bell at a press conference can't think of any body of on January 21 at which he an- higher education that is supnounced proposed regulations portive of this," says Al denying Federal financial aid Somberg of the American to college students who fail to Association of University Proregister for the draft. But Bell's fessors, which represents comment could as easily have 80,000 faculty members. The been referring to the Reagan American Council on EducaAdministration's master plan tion, the National Association for insuring compliance with of Student Financial Aid Adthe draft registration law. ministrators, the New York With the Justice Department State Association of Financial stymied in its attempts to en- Aid Administrators, The force registration in the courts, Massachusetts Association of the Administration, with the Financial Aid Administrators, help of Congress, had adopted the Association of Catholic a new strategy to force Colleges and Universities, the recalcitrant young men to United States Student Associamake that trip to the post of- tion and several colleges, infice; cutting off Federal cluding Swarthmore, Earlham, assistance to all those who Haverford — each a Quaker decline to register. The open- institution and the Universiing gun in this campaign was ty of Michigan, have expressed the Solomon amendment to opposition to the amendment. the Military Selective Service Financial aid officers have Act (named after Represencomplained of the rule's added tative Gerald Solomon of New burden of paperwork, while York), which prohibits Federal David Fraser, president of tuition aid to nonregistered Swarthmore, has expressed a students. concern, shared by other Solomon attached his educators, that colleges are amendment to the 1983 "being put in the role of being Defense Department Ap- a policeman." The University of Minnesota propriation Act last July. Then he attached a similar amend- and Macalester College in St. ment to the Job Training PartPaul have filed amicus curiae nership Act, a $2.8 billion pro- briefs in a suit challenging the gram that provides vocational amendment's constitutionality training for 1 million disadvan- originally brought by the Mintaged youths and adults. This nesota Public Interest amendment passed the House Research Group. (A Federal without any debate. "We slip- District Court judge ruled that ped it in by voice vote," boasts the MP IRC did not have Gary Holmes, Solomon's ex»— legal standing to sue; the Minecutive assistant. The Senate nesota Civil Liberties Union, approved a similar measure, which had joined the and Senate and House con- M.P.I.R.G. as a plaintiff, is conferees later agreed tb a version tinuing the suit. The M.P.I.R.G. close to the one that passed has brought a new suit with the House. Regulations im- three unnamed students as plementing the amendment plaintiffs.) The complaint will be issued by the Depart- charges that the Solomon ment of Labor shortly. amendment violates the Fifth Solomon, who is closely at- Amendment guarantee against tuned ideologically to Ronald self-incrimination. It further Reagan, is not content merely charges that the law is a bill of to deny nonregistrants student attainder, that it inflicts aid and job training. If he has punishment without due prohis way, they would be barred cess of law and that it from receiving other forms of discriminates on the basis of Federal aid as well. According sex, age, income (since to Holmes, Solomon is now students who do not receive considering measures that financial aid will not be afwould deny food stamps, hous- fected) and race (since the efing loans and passports to fects of a widespread denial of young men whofail to register. financial aid will fall on "We are looking wherever disproportionately there is a substantial amount minorities). Finally, the plainof money and support given to tiffs contend that the Solomon people of that registration-age amendment violates the Privacy Act of 1974 by requircategory," says Holmes. So far only the student aid ing the Department of Educameasure has received much at- tion to collect information that tention in the press. Under its is not necessary to the perforthe provisions, about 2.5 million mance of its lawful task male students who receive distribution of financial aid Guaranteed Student Loans, and to pass this information Pell Crants, work-study along to another agency, the assistance and all other Title Selective Service System. DeciIV financial aid must provide sions on the suits, now being written proof that they have I heard by the U.S. District Court registered in order to receive for the District of Minnesota, aid in the 1983-84 academic are expected sometime this year. And under the Depart- i month. A number of schools have ment of Education's proposed law, asked the M.P.I.R.G. for inforthe rules implementing / colleges must have such proof i mation about the suit, sugin order to process financial- i gesting that they are in symaid requests. They "must make | pathy with it. But the imporproof of the student's registra- I tant question for nonregistered tion compliance a part pf the s#vdfnt;,ist .wiJl.s?rjQ«.lj.tria.t * i WANr j^b oppose the amendment dig into their own pockets to make up the money they will lose? Earlham has announced that it may extend financial assistance to students who are ... . President A. Bartlett Giamatti of Yale has pointed out that Yale has a twentyyear-old policy of providing aid to needy students and that anyone denied Federal assistance is thus eligible for aid from the university. But Steve Kezerian, assistant director of public information at Yale, notes that loans from the university have higher interest rates v than Federal loans. — Although it is too early to estimate the cost to the school, Kezerian says, "If a number of students are denied Federal assistance, it will certainly cost the university more. We will have to draw on our f~F (h wf"^! rSJ (P\ /WD I fteAuy MCAIO IT.' denied Federal aid, and the University of California is also considering doing so. Swarthmore president Fraser thinks that "the college ought to replace lost Federal aid." Swarthmore is now looking into ways of doing that, including subsidizing interest rates, establishing a special fund for students denied Federal aid and increasing financial aid appropriations. Is own resources." At schools where antiregistration sentiment is high, such as the University of California at counseled that they have nothing to worry about. You should stand up for what you believe in, but don't worry. Berkeley, the additionaj finan- You won't get hurt. Once they cial burden could be con- realize the government is siderable. serious and that they may sufAnd so, thwarted in its ef- fer penalties for their civil forts to punish nonregistrants disobedience, they may decide in the courts, the Administra- it is not really important for tion intends to hurt some of them to take this stand." The them ih their pocketbooks. As message is indeed a simple was the case during the Vietone, and Representative nam War, the financially disad- Solomon and the Administravantaged will be the main vic- tion believe they have found tims. the right way to deliver it. "We're really hoping this will drastically raise the rate of David Corn is associate editor registration," says Holmes. of Nuclear Times. Research "There have been a lot of non- assistance was provided by registrants who have been josh Dienstag. Judge Foils Justice Dept's Attempt at Selective Prosecution the same as the chances that he will be struck by lightning." In a handwritten note on the back of the letter, Kline added that it was essential that the by Elizabeth Poe Kerby government have an active prosecution program under From the beginning, the way/ or well in development Wayte case was extraordinary, state," before launching what particularly the behavior of the Justice Department has the Department of Justice at- called "passive enforcement" torneys. During the pretrial i.e., prosecuting just those hearings in Federal District who have publicly opposed Court in Los Angeles last registration. When prosecution September, Judge Terry Hatter of the thirteen began last sumJr. ruled that unless the govern- mer, no such program was in ment proved otherwise, he place. would be compelled to find Rather than attempt to that David Wayte had been refute this evidence, the targeted for prosecution government's strategy seemed because of his public criticism to be to get the Wayte case out of draft registration, as the of Hatter's court as fast as defense claimed. Such a pro- possible in the hope that it secution would violate his would have better luck on apright to freedom of speech peal. This eagerness was so apunder the First Amendment to parent that Hatter was moved to question whether the the Constitution. The government could not government attorneys had disprove the selective prosecu- come to his court "in good tion charge. Indeed, Justice faith." Not only did the government Department documents relating to the decision to pro- have a skeptical judge on its secute nonregistrants, which hands; it was also up against a the government submitted in well-prepared team of defense the pretrial hearings, seemed lawyers, headed by William G. Smith, a Los Angeles attorney to establish that the prosecution was selective. who has specialized in draft For example, there was a let- cases from the time of the ter drafted by David Kline of Vietnam War. He was backed the criminal division of the by eight attorneys and four law possibly the most Justice Department for his students boss. Assistant Attorney formidable array of legal General D. Lowell Jensen. The talent ever mustered in a draft letter, dated March 2, 1982, case. In the pretrial discovery proand addressed to Herbert C. Puscheck of the Selective Ser- ceedings Hatter ordered the government to produce all vice System, warned that prosecuting only opponents of documents pertaining to the registration raised constitu- decision to prosecute tional problems. "With the pre- nonregistrants. But the governsent universe of hundreds of ment supplied only Justice thousands of non-registrants," Department letters and Kline wrote, "the chances that memorandums that were a quiet non-registrant will be heavily expurgated. In a letter prosecuted j_.probably.about of-response to J4atter.'s order, - — —— — . the department said that his "appetite for more and more irrelevant disclosure of sensitive information has become insatiable." Upon reading this. Hatter observed with quiet anger that he had never before heard such language addressed to a court. James Reynolds of the Justice Department's criminal division made no effort to mollify Hatter, telling the judge that his discovery orders were "unfathomable." Eventually, some unexpurgated materials were turned over, though the government lawyers demanded that he guarantee that the papers would not be stolen from his chambers. Hatter had ordered the government to produce in court documents relating to high-level White House meetings at which the prosecution of nonregistrants had been discussed. But on November 3, Assistant U.S. Attorney Richard Romero refused to do so under a blanket claim of executive privilege. Romero also declined to allow Presidential counselor Edwin Meese 3d, who was a key figure in the deliberations, to testify. In an affidavit. White House chief of staff James Baker extended the claim of executive privilege to all policy papers and to the report of the President's Military Manpower Task Force. (A copy of the report was released on October 26 by Draft Action, an anti-draft group, and it failed to support President Reagan's claim that the task force had recommended registration as a way to "save" six to eight weeks in the event of a military mobilization.) Hatter protested at one point that the government semed to be claiming that excontinued on page 10 ■ &**.&s** ,/rW9" 9 �Selective Prosecution ecutive privilege applied to a Story about a meeting of the task force that had appeared in Ihe Washington Post. The justice Department attorneys Ignored the court's demands ihat they justify the claim of executive privilege. "They rtteated Hatter as a non-judge >sbd the hearings as non|fo_iings/' said Mark Rosen 9>um of the American Civil Union, who was one jfifc Wayte's attorneys "They hoping for other decisions liberties - 4h other cases that will isolate •Stodge Hatter." jl "Because of the gjjnyemment's refusal to supply Sjfhfte House documents, Hat- in a blistering thirty-seven *page opinion, dismissed the itharges against Wayte as "the appropriate sanction for the government's recalcitrance." « Hatter said that the Depart inent of Justice should have been responsible for deciding which nonregistrants would be prosecuted, and noted that the selection should have been made from lists of nonregistrants supplied by the Selective Service System. But in this case he wrote ~';- ft is clear... that agencies other A than Selective Service and the 7 Department of Justice have <f been involved in the decisions. A nexus has been established '7-'between the White House, 7 ' through Edwin Meese 111, Selec live Service, and the Department of Justice... Numerous documents disclosed to the defendant by the Government . indicate. White House interest in the prosecution of nonThe involvement of Mr. Meese an<J>-the Task registrants. Force in prosecutorial policy decisions creates a strong inference of impropriety ( with regard to the government's motive in seeking the prosecution of this defendant and others similarly situated... It strains credulity to believe that the investigative agencies of our government, especially the FBI, could not locate any non-vocal non-registrants. The inference is strong that the Government could locate them, but chose not t0... The Justice Department's prosecutive policy is designed that only persons who are most adamant in theirrefusal to register will be prosecuted... The inference is manifest that the defendanthas been singled out for prosecution because he exercised his First Amendment right to free speech... It is apparent to this court that Mr. Meese was most prominently involved in theentire process of impermissible selective prosecution. . The list of officials involved in the prosecutive policy con- cerning non-registrants begins with Mr. Meese and other White House staff, continues with the Task Force, the Secretary of Defense, theDirector of the Office of Management and Budget, the White House National Security Advisor, the chairman of the Joint Chiefsof Staff, and theDirector of Selective Service. Finally, charged Hatter, the government knew about the constitutional problems with the passive enforcement program but nonetheless "chose to implement it." -* Hatter found another flaw in the government's case. He ruled that President Carter's proclamation on the draft was il- continued from page 9 legal because the required thirty-day waiting period for public comment was not observed. This was not a minor breach, said Hatter, given that the proclamation established criminal liability for noncompliance. Even though Selective Service has mailed thousands of letters to suspected nonregistrants warning them of the possibility of prosecution, in light of the Wayte decision and the ruling in the case of Russell Martin of Cedar Falls, lowa, in which the indictment was found to be flawed, such action is unlikely. "Everybody knows they are bluffing," attorney Smith says. "There may be a few more indictments for failure to register in out-of-theway places, but I don't expect the government to start arry large number of cases until the Wayte matter is settled." The government has appealed in both the Wayte and Martin cases. But as the report of the Military Manpower Task Force stated, the enlistment rate id the all-volunteer armed forces has been so high that a peacetime draft is not likely until at least 1987. By that time, the thirteen nonregistrants will be well beyond draft age. The total number of men who have not registered has reached 550,000 and the rate of compliance fell from 93 percent in 1981 to 84 percent in 1982. Last summer the polling firm of Yankelovich, Skelty and White surveyed a selected sample of nonregistrants in — students have a "generally anti-military and antiConnecticut. The study found registration posture, and the that among poor blacks and belief that there is an implicit others who are alienated from linkage between registration, society, registration represents the draft, and U.S. military exploitation by "the system." adventurism around the And those classified as antiwar world." "intellectuals" predominantly white college Elizabeth Pie Kerby was formerly on the staff of Time Atlanta, Chicago. New York, San Francisco and Stamford, - Commencement Activities (1) Dinner Dance. This year's dinner dance (Celebration!) will be held at the Sheraton-East in Cheektowaga on Saturday, April 9. It will be an evening filled with music, dancing, good food, good drinks, and good company. There will be a full-course buffet, dinner and a four-hour open bar. Music will be by "WhirlhY Disc Sound" of Williamsville. Tickets will be on sale in midMarch (Entertainment cardholders will be entitled to A $4.00 discount!) Everyone is invited watch for further details (2) Picnic. The Commencement Committee is planning a picnic for the class during graduation week, provided enough funds have been raised. (3) Night before graduation party. On May 21, the class will be sponsoring a cocktail party for the graduates, their families, the faculty, and the administration. More details on the time and — place cOming 500n.... CANDY BARS: The senior class is still selling chocolate crunch bars for $.50 each to raise money for graduation activities. Any volunteers to sell (or if you want to buy), please contact: Mark Reisman, No. ? Marsha Koretzky, No. 709 Priscilla Corkrey, No 623 Helene Hamlin, No. 678 MOVIE TICKETS: Movie passes to all General Cinema Theatres are available for $2.50 to all holders of a law school entertainment car (a $1.50 savings off the regular admission price). The purchase of 7 movie passes makes up the price of the entertainment card. Purchase passes from: Dan Sperrazza, No. 556 Joe Mcßride, No. ? Priscilla Corkrey, No. 623 John Hart, No. 680 CELEBRATION! CELEBRATION! The Law School Dinner Dance for 1983 Open Bar Full Buffet Music Dancing, at the Sheraton-East I Saturday, April 9 6:30 p.m. to 1:00 a.m. Watch for further details! . . __. 10 _i_n - -_■ i »«« »»»<-r""'i.<. I" ri_*»* M ■• «»-«.». - .. .»^»«,>»».»».--m—*~**m~.mm mm - -■■»■__ ..j. - . -- . it �- . —~ " ' ' l-i-___^«^lV^___^i^-^-V_^--__^_H__^---i__Pi_p_P»i^-_ii-_--l___^li__BWK__-__^V__--____^_V-^ 1 , "^^^^^^^^^^™SKE_______ss_H___!_______!__^^s____________s_____^_ W MPRE Course will be offered! Sunday, March 10th at 6 p.m. Tuesday, March 15th at 6 p.m. (thereafter available in A.V. office) Younger CPLR Course First 2 hours are FREE (available in A.V.) Info at DAR/DRI Table (ib hours in oil) DISCOUNT EXTENDED UNTIL MARCH 01st. Don't risk your future on unknowns. DAR/DRI is the PROVEN review course in New York State. Our dramatic growth reflects the success of our enrollees. ■ i Ask us the reasons why. March,*, ym,,^OpinkmVc( 11 �Indians and Padres?? Baseball Sets for '83 Campaign of Surprises .>,>_*' by Lou Roper Each year, spring marks a new beginning. Most importantly, it marks a new beginning for baseball. Every year at this time, the major league (and American League) nines flock to their spring training bases in Florida and Arizona with the sole intention, excepting the champion, of erasing the failures of last season by getting a head start on greater glory in the new. At the same time, fans of teams like the Cubs and Red Sox, perhaps affected by the warmer weather, express the sincere view that this is their year. This, even though these franchises have gone 75 and 65 years respectively without winning the World Series. Perhaps more realistically, supporters of the Yankees and Dodgers, with a trace of annoyance, announce that they expect their heroes to return to the forefront and crush the upstart Brewers and Braves. And how the hell did St. Louis win it all? The purpose of this exercise is to separate the contenders from the pretenders for your edification. To remove the rose-colored glasses from your nose and let you see how the pennant races will really shape up, barring accident, if you will. Pitching, as Cornelius McGillucuddy once said, is about 70 per cent of the game and in the American League East this makes Cleveland the team to beat. Cleveland has nine pitchers with major league experience on a staff topped by a healthy Bert Blylevan, fireballer Len Barker and Rick Sutcliffe. The Tribe will give promising lefthander Neal Heaton a chance to make the rotation. The Indians can support their staff with some quality hitters, including Andre Thornton, Toby Harrah, a healthy Bake Mcßride and Manny Trillo. Trillo and centerfielder Rick Manning help make Cleveland strong defensively up the middle. George Vukovich, Broderick Perkins and Alan Bannister give new manager Mike Ferraro good depth and some room for maneuvering if need be. Cleveland will come out on top if heralded young shortstop Julio Franco lives' up to his notices and catcher Chris Bando can bounce back from a disappointing season. A good start will also help the cause. Although Baltimore also has pitching, it is short in other departments and will watch the surprising Toronto Blue Jays leapfrog into second place. The Jays boast a strong, young, starting rotation of Dave Stieb, Jim Clancy, Luis Leal and Mike Morgan (unwisely donated by the Yankees). The only problem here is that Toronto does not possess a quality lefthander. The Blue Jays will also field an interesting team. It will have lots of speed, starting with Dave Collins and shortstop Alfredo Griffin, and will have power in the form of first baseman Willie Upshaw (a very promising player) and DH Cliff Johnson. Catching and third base are manned by unspectacular, but solid, performer*. In short, the Jays mov be" able to run against Pitt- be a radical and root for the but they played solid ball last Parcish, easily the best in the sburgh or Montreal. Plus, the O'Malleys?) The only thing year under Bobby Cox and can league in every department. other teams will be waiting for that stopped the Padres from not have many name players, for Detroit is catcher Lance only look to improve with ad- Boston will hit a lot of home ditions_j like Collins, Morgan runs, strike out frequently and and Johnson. They have no hit into a lot of double plays. In other words, a typical year. glaring weaknesses. Before moving on to the NaBaltimore has a strong starLeague, a few words tional ting staff, assuming that Jim Palmer marches on with Scott about the AL West. Here, the choice is between McGregor, Dennis Martinez and Mike Flanagan. Sammy an unspectacular team (Kansas Stewart and Tippy Martinez City), a geriatric ward (Califorwill be called upon if the nia), and a team that has troustarters falter. However, after ble catching the ball (Chicago). that, new manager Joe Since there is no way that the Altobelli's cupboard is bare. Angels can get the years they Storm Davis won 8 games got out of the likes of Geoff down the stretch for the Zahn, Steve Renko, Bruce Orioles last season and he will Kison and Dave Goltz that have to show the same stuff they got last season, they will not repeat (especially if Bobby this year. Even more importantly, Grich and/or Doug DeCinces Baltimore has no discernible get hurt, as they have been third baseman on its roster. Ap- prone to do). parently, rookie Leo HerThe White Sox just are not nandez has the inside track, but he batted only 202 times in an impressive team. They do Triple A last year. One thing have some good starting pitthat Baltimore does have on its chers, notably Britt Burns, roster is an Eddie Murray. Floyd Bannister and Lamarr The defending East champs, Hoyt. However, Vance Law is the Milwaukee Brewers, will not a major-league shortstop apparently miss Rollie Fingers and Rudy Law is not a majorfor an extended period this league centerfielder. season. Coupled with a still That leaves Kansas City by uncertain pitching staff (even default. with Don Sutton for a full year) No paper will be wasted on and a shaky defense (expect the other teams in the division rivals to run wild on the (Oakland only has one quality Brewers this season), this infielder, for crying out loud). means that that powerful In the National League East, lineup will not be enough to look,for the Pirates to edge out lift Milwaukee to a repeat of Montreal for the title. Pittslast year's triumph. burgh will win for the followThe Yankees will be next. If ing reasons: Pena, Thompson, they can settle down and give Ray, Madlock, Easier, Lacy, themselves some idea of what Parker. These are hitters who they are doing, they could very hit anything and everything well finish higher. However, thrown up to the plate (but like Baltimore, they have a prefer fastballs) and they hit it glaring hole at third base hard. The Pirates also added by (please don't tell me that a subtracting the overrated 38-year-old who hit .232 last Omar Moreno. Although Lee season will fill the bill) and Mazzilli cannot throw parshortstop is shaky (Roy ticularly well, he is an adeSmalley has trouble bending quate flychaser (he will also over for grounders). Also, pit- benefit from the potent Bucching depth is questionable for caneer lineup). Without the Pinstripes. Roger Erickson, Moreno, the Pirates will have Bob Shirley and Doyle Alexno batters that can be overander might be able to break a whelmed by enemy pitchers. Other pluses for Pittsburgh pane of glass between them, but I don't think they will win are the steady shortstopping of Dale Berra (one of the most im10 games as a trio. New York does possess a proved players in the league) good outfield (including Steve and a revived pitching staff Kemp's defensive liabilities) headed by Don Robinson, John and two fine lefthanders in Candelaria and Rick Rhoden, Ron Guidry and Dave Righetti supported by Rod Scurry and (unless they send him to Col- Kent Tekulve. Also, no one will umbus). Shane Rawley is run with impunity againt Pena. somewhat promising. Willie Montreal will contend, but Randolph is a smooth per- not win. The Expos doubleformer, but injury-prone (there play combination, or lack is no replacement if Andre thereof, will be their Achilles Robertson plays shortstop or heel. Chris Speier is a terrible can't hit big-league pitching). player and Montreal failed to In addition. Rich Gossage is find anyone who could play secoming off of a farily serious cond base last season. Also, arm injury. If he cannot go at the Expos don't have a quality full tilt, it seems doubtful that lefthander on their staff. sinkerballs George Frazier and St. Louis will finish third. The Dale Murray (a bum with the "genius" Herzog (how can Mets) can shoulder the burden. anyone call the man who tradDetroit and Boston will ed away the best catcher in I refer to Terry bring up the rear. Actually, baseball neither of these are bad teams. Kennedy on San Diego for However, they are mediocre in essentially nothing, be called a comparison to the other teams. "genius"?) is in for a surprise if Each possesses two pitchers of he thinks his bunch of banjo quality (Detroit has Jack Mor- hitters can contend with the ris and Dan Petry, Boston has sluggers on Pittsburgh and Bob Stanley and John Tudor) Montreal. The Cards' pitching with some support and a lot of is a bit better than the other question marks. The staffs are teams (they have the redoubdefinitely the worst in the divitable Bruce Sutter) and they play solid defense. However, sion. Detroit is a bit better defen- they are a decent,team and no sively and is younger. Boston more. Their speed is their key has more punch. Th* big edge e*f_n.ive a-sset, but they won't — them this year. Look for the Cubs to make a big improvement this year. They have a solid performer at every positron, provided their rookie centerfielder, Mcl Hall, comes through as expected. Hitters like Bill Buckner, Leon Durham, Keith Moreland, and Ron Cey are the kind that put the fear of God into pitchers. Chicago is a little bit short on pitching. They did pick up lefthander Steve Trout from the White Sox. He could prove a good acquisition if he can straighten out. Classy veteran Ferguson Jenkins will have to lead to way again. Philadelphia will have a long season. They have only two batters with punch, Mike Schmidt and Gary Matthews. In addition, they have centerfield problem. They want to replace the aging Garry Maddox with youngster Rob Dernier. Unfortunately, Dernier had problems with National League pitching last year. The Phillies expect big things from Yon Hayes, who will probably play right field. However, Hayes cost them the best secondbaseman in baseball, Manny Trillo. Joe Morgan will be an adequate replacement, but he will not be a Trillo. Trillo's departure may have an adverse affect on shortstop Ivan DeJesus. When winning last season was a shortage at first base. They remedied this problem by singing Steve Garvey. San Diego is solid everywhere and spectacular at catcher (the aforementioned Kennedy) and shortstop (Garry Templeton). power They also have a strong pitching staff led by Tim Lollar, Eric Show, Ed Whitson (acquired from Cleveland) and John Montefusco. Luis DeLeon, Gary Lucas and Floyd Chiffer head the bullpen. The Dodgers have solid pitching, too, which will keep them in the race to the bitter end. However, they are a bit young to win. Pedro Guerrero will move to third base to replace Cey and make room for Mike Marshall in the outfield. Rookie Greg Brock replaces Garvey at first base. These moves should succeed immediately (both Marshall and Brock appear ready to graduate to Los Angeles), but it could take a year or two for these players to fully adjust. Atlanta will fall to third. The Braves are shorter on pitching than San Diego and Los Angeles are and their manager has less idea of how to run a pitching staff than any other manager in baseball. They do have Dale Murphy and Bob Homer who will provide plenty of punch. Atlanta also needs outfielder. they were on the Cubs and ,another The division will be rounded to Trillo was dealt out by San Francisco, CincinPhiladelphia, DeJesus' batting nati and Houston. The Giants average plummeted to .195. didn't belong in the race last Finally, Philadelphia year and, without Morgan and possesses only two quality pit- Reggie Smith (gone to Japan) chers, Steve Carlton (admitted- this year, will be hard-pressed ly one of the best to ever take to repeat last season's perforthe mount) and Al Holland. mance. Houston has good The Phillies are also aging. defense and Ray Knight but litI am physically unable to tle else. Cincinnati has some discuss the Mets. hard-throwers in Mario Soto, In the West, look for the San Bruce Berenyi, Brad Lesley and Diego Padres to win their firstBen Hayes. They also have the ever division championship to incomparable Dave Concepthe distress of the editor of this cion. Unfortunately, that's esteemed journal (how can you about it. photos by I. Pfeffer I Volleyball Lives While Volleyballer Tracy Kassman comments on her team's chances of winning the championship,... — I;-, PttoJUtWt MY P» ■■*•». tiditiorml strategies ' 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-03-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/9/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b666a288768592744543628ac19005de.pdf 5dba8d7e5bda03141b397e2ef664a890 PDF Text Text Vol. 23:11 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 6,1983 Jessup Advocates Rebound For Impressive Showing by Ricky Richmond and Betty Belterre Pampered by unseasonably hot, sunny weather and gracious hosts from Duquesne University, the University of Buffalo International Law Moot Court Team competed last March 5 and 6 in the North Central Regional of the 1983 Philip C. Jessup International Law Moot Court Competition, returning to the Queen City with the Second Best Memorial in the Regional. Competition in oral argument was fast and fierce. Kurt Amend and Jeff Johnson, arguing Applicant, faced £he University of Michigan on Saturday morning in the opening round. A timid bench and a seemingly devastating gaffe by Michigan's second oralist furious Desmond form failed ("Does my answer make any to do the trick. Team spirits sense, your Excellency?") fail- were low, real low. Sunday morning Berger and ed to prove the winning combination for Amend and Vergos squared off in Round Johnson. Buoyed by their IV against two oralists from perceived win, the two battled Detroit College of Law, the latthe University of Pittsburgh in ter authors of an obnoxious, ofRound 11. An informed, ficial complaint filed against unrelenting bench sent the two U/B for a one-half page excess reeling for forty-five long- of the official memorial minutes. At the end of the length. The Motor City round, the Competition was Mooters, eventual winners of half over, and U/B was 0-2. Ist Best Oralist and 3rd Best Mary Ellen Berger and Oralist Awards, dashed U/B's Chrysanthe Vergos entered hopes of retaining respectabiliRound 111, arguing Respon- ty in the orals. dent, with hopes of turning the The Awards Banquet on Suntide. Against a strong team day evening allowed time to from host Duquesne Universi- rehash rounds, compare team ty, they could not shake off standings, and speculate on Amend and Johnson's standing the as yet unannounced North eight counts, and emerged the Central Regional winner. The narrow losers. Even Berger's dejected U/B foursome sheepishly appeared as good One-to-One Life After Law School quently aggravating. Quite often the reward is not glamorous, possibly not even gratifying. A trial attorney must be content with the by Vivian McWatt It is a most unsettling feeling to know that one is a second semester second-year law stu- thought that s/he did a good or at least her/his very dent with a distinct interest in job the law and, yet, no for- best under the circumstances. mulated idea of what aspect of One might think that all of that diverse profession to the aforementioned would function to dissuade rather engage in. That was the situation that than persuade the neophyte this student found herself in endeavoring toward becoming approximately three weeks a trial lawyer. When all the ago. Virtually on a whim, I realities of the profession are signed up the the One-to-One considered, however, there Program offered by the Career seems to be a certain sobering Development Office, and, in feeling in the air of a courtshort, I am glad I did. I wpn't room which somehow makes attempt to delude you or trial practice seem very worthmyself into believing that that while. one experience accounted for If the benefit of the One-toa miraculous revelation in my One Program could be describsearch for the appropriate ed in a sentence or two, it career, but it definitelyhelped. would be that the Program inOn Thursday, March 3,1 was spires a level of cognizance of an observer in the trial of the the profession, while still State of New York v. James H. allowing the student particiCassell before the Honorable pant to observe a successful Justice Joseph S. Forma in role model and thereby realize Monroe County Criminal that it can indeed be done. I was lucky enough to be Court. The charges were felony and misdemeanor counts of assigned to observe Judge Forpossession of stolen property. ma and the activities surrounFor those who are hard- ding his courtroom, but I am pressed to believe that there is sure the effect is the same no life after law school, the One- matter what aspect of the proto-One Program is definitely fession you choose to partherapeutic. It was very ticipate in. Although I don't abenlightening to actually see solutely want to be either a the rules and precedents of all trial attorney or a judge, I was those law school textbooks given the opportunity to see enacted before one's very what it would be like and to eyes. It was also interesting to get a practitioner's view, which see that the life and work of a helps me a great deal in the trial attorney are not quite as decision-making process. This is not an attempt to glamorous as Perry Mason's "sell" anyone on the One-toor his contemporary counterOne Program; it is only an atappart's, Joyce Davenport to share my experience tempt television expears from our periences. The truth is that it is in tbe hope that others will be very hard work, definitely not encouraged to participate in 9-to-5, most stressful, and fre- the Program in years to come. — — sports, and were stunned at the announcement that the team had captured Second Best Memorial. The team had vin- Turn of the century administration building at Gate 1 of the Bethlehem Steel Plant. photo by Mike Reilly Lackawanna's Got The Steel Yard Blues Editor's Note: This is the second part ot an article on the closing of Bethlehem Steel's Lackawanna plant. Mike Reilly, a second-year law student, worked at Bethlehem from 1969-70. by Mike Reilly The Steel Workers The plant was also as somewhat of a unique phenomenon because it tendfollows: ed to break down ethnic and A. Best Memorial racial barriers. The composi1. University of Michigan tion of the group that socializ2. SUNY at Buffalo ed after work tended to reflect 3. Duquesne University dicated itself! Final standings are B. Best Oralist 1. Detroit College of Law, No. 1 2. Wayne State University, No. 2 3. Detroit College of Law, No. 2 C. Team 1. Wayne State University* 2. University of Pittsburgh 3. Detroit College of Law 'qualified for the National Semi-finals in Washington, D.C. in April. Amateur Night 2nd and 3rd wards, while the first ward, which is closest to the plant, was now home to the Afro-American, Puerto Rican, Mexican, Yeminite and Arab communities. If the plant had always been a symbol of upward mobility for the new immigrant this may have been more an image than a reality for the non-white immigrants. For these populations the trip over the railroad tracks to the American dream has been more difficult and elusive. By 1970 a turning point had been reached few new workers would be hired and the layoffs would soon mount. During the 1960's five years of seniority "guaranteed" your job and by ten years you were pretty well set. You had enough seniority to get into a better paying job or to take a shot at a trade like millwright or welder. — the composition of the gangs or departments, regardless of nationality, race or sex. The comraderie of workers who fought a continuous 40 hour battle to feed the furnaces, to charge the ovens and to keep the mills rolling, tended to offset prejudices. Just as the furnaces reduced the ingredients of iron ore, limestone Low seniority entitled a and coke to steel, so too they worker to the less desirable tended to reduce race, na- jobs, which were the hotter tionality and sex into a com- and dirtier jobs. As the 70s mon product: the steel worker. progressed the seniority reThe steel worker wearing his quired to hold even a labor job brown helmet and metatarsal steadily rose. By 1981 it reboot (a steel toed shoe with an quired over 20 years in most additional steel tongue which departments to hold a labor covered the top of the boot) job. was a commonplace sight in Lackawanna and Buffalo. In 1975 the picture brightenAlthough few steel workers ed when Bethlehem invested became rich, after a few years $200 million to build a new bar most could afford a good car mill. This is a computerized and a down payment on one of continuous-line rolling mill the many two-story houses which has been called the which line the streets of Buf- most modern in the world. falo and Lackawanna. Although the introduction of Because of the relatively this new technology drastically high paying jobs at the steel reduced the labor involved in plant, other, smaller employers rolling billets into bars, it was were forced to pay a comseen as an investment which parable wage. These good showed Bethlehem's commitwages tended to increase the ment to the Lackawanna plant. standard of living for the In the late 70 s another new whole area and to make Lackawanna a stable com- facility was constructed a munity. scrap melter. This enabled the plant to more readily digest a variety of scrap metal and use Hard Times it to produce new steel. To the By the 60's the waves of immigration had left their effect more cynical observer this on Lackawanna. The older im- took on a more ominous migrants who had arrived dur- significance.. Because of the number of ing the first quarter of the cencontinued on page 7 tury had by now settled in the — — A new law school club? No, it was Law Revue. See page eleven for more. _———_————__———————————■_- ... �Vol. 23, No. 11 Wednesday, April 6,19*3 Editor-in-Chief Earl R. Pfeffer Managing Editor Glenn Frank .. Ray Stilwell Mary Ellen Berger News Editor: Feature Editor: Photo Editor: Arts Editor: Gary Games John Stegmayer Business Manager: Frank Bolz Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Vivian McWatt, Jill Paperno. Mike Reilly, Anna Marie Richmond, Lou Roper, Joe Ruh, Amy Ruth Tobol, Jud Weiksnar Contributors: Mark N. Garber and Jeff Eisenberg © Copyright 1983, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo LO Wmmmm Editorial "Dippigate" In late February the Student Bar Association voted to defray the costs of the Dippikill Ski-Weekend by providing those who were to be participating in the event with funds to pay for transportation and lodging. This SBA action quickly began to be referred to as "Dippi-gate" when questions arose regarding the appropriateness of using student activity fees to pay for what' was essentially a vacation for a small group of students. While the allocation of activity fee dollars to fund such an event may have been proper, the term "Dippi-gate" is appropriate in light of the suspect procedures the SBA Board followed when making this disbursement. When voting on whether money should be provided to offset the costs of this trip, several SBA directors who planned to participate in the event cast ballots in favor of providing the funds. Allowing SBA representatives to vote on matters in which they have a personal financial stake clearly creates a conflict of interest. While supposedly responsible to the law school student body as a whole, these SBA directors are instead disbusing student funds for their own personal benefit by allocating money to certain activities in which they can then participate at a reduced cost. "Dippi-gate", however, was not an isolated incident. In early March the SBA decided to defray the cost of the student sponsored excursion to the National Conference for Women and the Law. While the use of student funds to offset the costs of attending this convention was proper, again the SBA procedure for administering the funds for which it is responsible appears suspect. In this instance, not only did several conference-bound SBA representatives cast ballots on the proposal to fund their trip, but one such director, after the initial award had been granted, moved that the amount of the disbursement be increased from $150 to $250. Another vote followed, in which no one was excluded and the increased grant was approved. These SBA procedures need to be reevaluated. The taint of misconduct pervades the organization's proceedings, and theobvious self-interest of the individual directors is damaging to the group's standing in the law school community.lt would seem to be appropriate for SBA representatives to abstain from voting on disbursements from which they derive a direct benefit. Upon learning of the rumblings of discontent within the student body, the SBA Board published a memorandum claiming that funds unknowingly appropriated for non-law students had been returned. Unfortunately, this begged the issue. The Board of Directors owes us an explanation of how it conducts its affairs and how it justifies its members voting money into their own pockets. ELECTIONS will be held FOR THE OPINION'S 1983-84 EDITORIAL BOARD Tuesday, April 12,1983 3:30 p.m. Room 724 O'Brian All Law Students are Eligible to Run. Opinion 2 April 6,1J83 Letters to the Editor Buffalo Model Chastised To the Editor: As I leaf through The Opintwo weeks, I am always struck by the number of articles of a general humanitarian nature. Articles on the generally sexist nature of our society, the plight of immigrant farmworkers, the nation's Social Security woes, ion every door, "If you want to see me about forcing into my course, DON'T"? Does it bother you lately when you find out the course has only fifty people in it, but the professor refuses to take any more students because he or she only wants to grade fifty exams? Does it bother you that, while municipal employees who put in less than forty-hour weeks at their office are exposed by investigative reporters and later fired, a student wants to speak with one particular professor has to make an appointment to phone him at home? Or that another professor, who supposedly is a full-time employee, can't teach on Friday because she has to babysit her child? Finally, does it bother you that when you go looking for faculty guidance and input into your student organization, you cannot find one professor who isn't "too busy" to donate the lousy one hour per week you ask? Buffalo Law School has not attracted a group of idealistic educators, excited at the prospect of molding young legal minds. It has attracted a group of intellectual prima donnas, each concerned only with their own narrow area of personal research — parasites existing off the resources that the State has provided for educating and Reagan's pro-wealthy policies abound. All of these are worthy subjects, but one is left to wonder what they are doing in a student newspaper. I have always been under the impression that student newspapers were meant to be the voice of strident, antiadministration rhetoric, the advocate of student opinion, and the catylyst for student-led reform. The Opinion has fallen grievously short of this standard. In order to contribute to filling this gap a gap which perhaps I am alone in perceiving — I offer the following. As I mercifully enter the twilight of my law school career at Buffalo, I am overwhelmed by the almost unanimous feeling of dissatisfaction with this school among my classmates. While I cannot even begin to address the multitude of factors contributing to this feeling, I would like to deal with a few related points concerning the nature of the faculty and the administration. It seems that Buffalo represents the almost complete disintegration of the To the Editor: — young lawyers, giving little in return. The question which comes quickly to mind is "why is this allowed to go on?" And with that I am provided with a smooth transition to the next subject the administration. Although it is hard to believe, the administration has even less regard for students than the faculty. At every other law school in the nation, the ad- — ministration requires pro- fessors with little seniority to teach the courses necessary to fill out the basic curriculum. Our administration does not, choosing instead to ignore gaping holes in the course offering. At all other law schools, the administration encourages professors to contribute their time to student groups. Our administration looks on such activity with, at best, indifference, not even conceding that it constitutes a contribution to the school in general. As a result, professors have no incentive to become involved with student groups. So they don't. So far, I have painted a picture of an administration seemingly unconcerned with the student body. In order to truly understand them, however, we have to explore that with which they are concerned. continued on page 3 Undergrads Stay 19405, post-World War II approach to education. Within that "model," students and their learning were the paramount concerns. Education was seen as a value in itself, not a vehicle for the dogmatic assertion of particular content. Teachers were truly idealistic, in the sense that they believed their work had an effect on the state of the nation. They measured their ownsuccess by the achievements of their former students. With the exception of a few "idealists," who set high standardsfor their students and are truly concerned with our preparedness for practicing law, there are no more Jack Hymans at Buffalo. The faculty here exist for themselves. O'Brian Hall is nothing more than a structure in which they happen to have their offices; a place where they can seek put other academics who are comfortable like themselves and do their personal research. The fact that they have to meander downstairs to teach class four times a week is a minor annoyance to be tolerated in return for safe harbor from the real world. The term "academic ivory tower" takes on new meaning at Buffalo. Certainly a few specifics are in order. Does it bother you that with several professors competent to teach Civil Procedure 11, nobody does it because they find it "intellectually unstimulating"? Does it bother you that when you get closed out of a course and go to see the professor about the possibility of forced registration, not only are they, as always, out of their off ice, but they have left a sign on their As Director of the Law Library, I read your recent editorial on the continuing problems of undergraduate students in using the Law Library with great concern. Your comments have spurred others to voice opinions — some reasonable ahd others extreme as to ways by which the "undergraduate problem" could be controlled. The staff of the library has been very aware of the undergraduates and non-law individuals' heavy use of the library. However, as a public institution we have a mandate to service the needs of the University. The University's administration also feels very strongly that the University serve as a resource for the Western New York community. — No amount of patrolling would completely eliminate the undergraduate problem in the Law Library, and with the staff that we have, we cannot enforce such an exclusionary policy. We have posted signs in the library that the facilities are to be used only by those who have need to use the materials, but the comparative quietness and beauty of the Law Library as a study area serves to attract students to our facilities. Given our staff limitations, our physical position in the middle of the academic spine, and the attitude of the University administration toward the Law Library as a focal point for the University and community, I foresee little solution to this problem in the future. Kathy Carrick Director of the Law Library Purge Piccolo's! To the Editor: Just a comment on Piccolo's "Attitude Adjustment" happy hour of February 25. Many U/B law students were gathered at this establishment on that day, a Friday, to unwind, relax, and indirectly to engage in a redistribution of financial resources, namely from us to Piccolo's. A few friends and I were seated at the bar when the above-mentioned issue of wealth redistribution was made a primary concern by a statement from the "management" to one of us at the bar. It was suggested that the patron was not spending enough money to deserve a seat in Piccolo's, and that he should move on and allow **|p •:. "; '.'—v' ■. >, ' • . someone else with a more liberal attitude to sit there and share his or her assets with Piccolo's. Although the bartender's argument lacked any sophist i< tion, it did have merit from Piccolo's point of view, and many of us left the premises. However, I am disturbed by something about the underlying attitude. I write all this merely to suggest that the question now is, do you want to be the person to fill that empty seat? Incidentally, I have noticed also around the school that Piccolo's is "hosting" other happy hours. Perhaps this comment will discourage attendance...; '■ ■ t..i . ..t- . .. f.E.Kissel �Garry on Criminal Law: Humanize the Client describes a distinction bet- Editor's Note: Charles Garry, a San Francisco attorney who has made a career of representing those charged with political crimes, most notably several members of the Black Panthers, spoke at the law recently school. by Marc N. Garber criminal defendant. Mr. Garry ween two opposed phenomena argues that the lawyer is utter- where there is no third term, no ly responsible to depict his compromise, no mediation client as a blameless symbol (e.g. Justice Caradozo's opin(Huey Newton), who was ion in Palsgraf v. Long Island "brought to the Bar of Justice" R.R.). A vacuum Boundary is a because society shirked its line. "Live Boundary" responsibility to one of its describes a distinction between two opposed phenomena members. Before analyzing Mr. Garry's separated by a space that parproposition, three concepts takes of both but is neither: must be defined: Liberalism, compromise, mediation, amBoundary Theory, and the Rule biguity (e.g. a Balancing of Inof Law. Liberalism is the domi- terests theory of adjudication.) nant philosophy in the Western "On its ideal form the Rule (Author's note: Some ideas contained in this essay have been World, which includes both Letter to the Editor borrowed from Al Kalz, Dun- liberal and conservative can Kennedy, Lawrence political ideology. It is a view Teitelbaum and Gerald Frug.) which implies that the world can be reduced into spheres of continued from page 2 Charles Garry argues that in reason and desire, of fact and Those in our administration are order to provide a complete of subjective values, "of the concerned with enhancing defense for a criminal defen- free interaction of civil society their personal reputations as dant, the attorney must and of the demands of the innovative educators. Thus the "humanize his client." The state." Liberalism, is a constant experimentation with defendant's lawyer must philosophy which the first year curriculum. The generate empathy (objective characterizes the world as a fact that several classes of understanding), and not sym- "series of complex dualities." students might emerge from this grand experiment pathy (subjective understan- Unfortunately, Liberalism proding) on the part ofthe jury. To vides no method for allocating unemployable, uneducated, or forge this empathy the lawyer any feature of life, e.g. justice, otherwise harmed is of no conmust reach into his client's among it dualities, i.e.. sequence. The difficulty of finpast, and mine for any Liberalism provides no means ding a job with "Law in Conhistorical, cultural, familial, for an objective understan text A & B" on one's transcript is never considered. The physical, social or economic ding. reasons which would mold the Boundary Theory is a way of perception that the school and accused into a concrete, i.e., a treating human thought as "a its students are the adpersonal wholistic person. The lawyer function Of existence of two ministrators' must cast his client with types of boundaries: Vacuum playthings overshadows such characteristics which extend Boundaries and Live Boun- triviality. beyond the boundary of daries. "Vacuum Boundary" The publicly expressed opinions of two of our top ad- of Law in (our) society mediating, boundary between mediates between the domina- authority and autonomy. tion of personal (state) authoriCharles Garry, by "humanizty and the experience of pure ing the client," is trying to autonomy" (the state of create a Vacuum Bounded nature). Problems with the event, and escape the Rule of ideal Rule arise because it Law (which is a Live Boundary). does not define the extent of His argument is premised on personal (state) authority, or the belief that empathy the limitations of the ex- represents the merger between perience of pure autonomy. The result is an inconsistent application of the Rule, a failure of an objective standard. The Rule of Law approaches an arbitrary, not a the personal (state) authority and the experience of pure autonomy; once this merger takes place the Rule of Law goes away, and a unity of excontinued on page 6 Buffalo Model Chastised - Financial Aid Update ministrators illustrate the "Buffalo Problem." Dean Headrick, in a recent memo explaining the Buffalo Model, has written, "the choice to take a three year deal directly with students and Bar review course (which is the to offer students two valuable Dean's euphemism for a mainstream legal education), is services: consolidation and extended/graduated repayment. dubious, particularly because such curricula are available in Through consolidation, a student could arrange to have a few schools in New York NDSL loans from his/her State, schools that all of you undergraduate and graduate opted not to attend, for all "Of schools combined with his/her you would have qualified for GSL Loans into a single new admission there." Thus he justifies his grand experiment, loan. Sallie Mac, at the student's request, bought all the deluding himself with the student's outstanding loans at belief that we are all willing the various institutions and participants. He ignores the issued the student a new loan simple fact that most of us are at a single interest rate here either because we wanted to go to law school in our (typically 7%). In addition, through the ex- hometown, we didn't get into a tended/graduated repayment better school, or, most imporplan, the student could extend tantly we couldn't afford his/her repayments beyond the another school. This is the only normal ten-year period and State law school in New York. scale those repayments so that The Dean's intimation that smaller amounts are made in students who want a tradithe early years with larger tional law school education amountsbecoming due as the can't get it at a New York State student's earning power in- school is elitism raised to an creases. The obvious result of extreme. The idea that the only this program was a marked state school in New York is decrease in the number of reserved for those interested in defaults in student loan non-traditional legal studies is, at the very least, offensive to repayments. democratic values. In 1982 Congress was conAssociate Dean Schlegel! is sidering extending the right to consolidate to the state agen- the source of the second adcies like New York's NYHEAC. ministration attitude to be exThe administration threatened plored. Whenever a student is to veto the change because the heard bemoaning the fact that cost of consolidation and ex- Buffalo doesn't offer a certain tension is borne in part by the course, the SchlegelI may be federal government in the subheard to say "X can be learned sidies itpays Sallie Mac for the in a weekend. There's no need difference between the 7% in- for a course in that subject." I terest and actual market rates. would like to point out to the Rather than resolve the issue. Associate Dean that most Congress commissioned the areas of legal theory and GAO to study the actual costs jurisprudence, areas to which of consolidation and report he has advocated an everback by May, 1983. Congress increasing allocation of school also provided a Sunset Provi- resources, can also be learned sion which terminated Sallie in a weekend. I have taken at Mac's authority to Consolidate least three courses which continued on page 8 might be classified as Loan Option Threatened by Joe Ruh Students will lose their abil- ity to consolidate loans and ex- tend loan repayment terms through Sallie Mac unless Congress acts to extend Sallie Mac's authorization beyond August 1,1983. The Joint Task Force On Federal Financial Assistance For Law Students has listed the Sallie Mac authorization problem as its number one legislative priority for 1983. Law students graduating in 1983 may be forced to forego the 9 month grace period afforded by their GSLs and begin repayment in July in order to take advantage of the generous terms of the Sallie Mac program. Sallie Mac (the Student Loan Marketing Association) is the private agency sponsored by the federal government which serves as a secondary market for banks which make student loans. The mechanism is fairly simple and is modeled on the home mortgage procedures of the more well known Ginnie Mac. After a bank dispenses the $5000 loan check to the student, it sells the student's promissory note to Sallie Mac. The bank receives cash with which to -make additional loans,, and Sallie Mac reaps the rewards of the lender, i.e. the interest payments. Students are frequently not aware of this sale since the bank agrees to service the loan for Sallie Mac and the student will continue to deal directly with the bank through the course of the loan. A new wrinkle appeared in Sallie Mac as a result of the 1980 amendments to the Higher Education Act. Sallie Mac received authorization to • "jurisprudential." None were of its essential purpose." That purpose includes the education of lawyers, not solely legal historians. This nation's economy cannot absorb 275 Buffalo graduates each year who are qualified only to teach Buffalo Model-type courses or enter the government as him alone. "policy"-oriented bureaucrats. The last administration The Dean ought to realize that response to student commost of us are going to work in plaints is "look what the Bufthe private sector, in a general falo Model has done for the legal practice. The CPLR is school's standing. It's ranked more important than the higher than ever." There are teachings of Duncan Kennedy two short responses. The first is or Myres McDougal for that that the school's ranking is at- sort of work. tributable to its excellent But the Dean won't wake up, physical facilities and the in- because he doesn't give a creased quality of students damn about what we're going (which resulted from the re- to be doing. The grand expericent deep recession and the ment is all that matters. He will consequent flood of apcontinue to delude himself plicants to cheaper. State in- with the idea that we chose stitutions), not the Buffalo Buffalo because, subModel. The second response is consciously, we wanted to be to point to the school's poor closed out of Commercial record in the employment area Paper and Debtor/Creditor. Anyway, this letter is and the fact that Buffalo's pass rate on last summer's bar was already too long. To quote the below State average for the closing words of a famous letfirst time in years. ter recently published in this By this point any members esteemed biweekly, "(T)ake of the faculty or the ad- care boys, because I'm getting ministration who bothered to out of here before anything read this letter have decided really stupid happens again." that probably an engineer or Anonymously submitted an accountant who, with nowhere to go after undergraduate school, ended up in law school by mistake. EDITOR'S REPLY This is untrue. I was a political It is with a significant amount of science major at a normal reservation that we are printing the letter. It is not the contents of liberal arts undergraduate above letter which disturb us, for despite school. When I entered Buf- the the letter-writer's suggestion that The falo, I was intrigued by the Opinion has been remiss in fulfilling its wide variety of courses journalistic responsibilities, our available. One becomes less editorial policy has consistently been to free and open discussion of intrigued as one gets closed encourage broad range of academic, social, a out of more and more of the legal, economic and political issues inbasic courses thought in- sofar as they affect us as students and dispensable to a sound legal future lawyers. have reservations about printing education. As I mentioned, I thisWe because it is unsigned. All too have taken a number of the oftenletter an anonymous letter hinders fur"Buffalo Model" courses. I do ther discussion of the issues it raises not object to the existence of because serious consideration of ideas these courses, merely to the warrants knowing their source. When we forwarded a copy of the letter to fact that they are allocated a Dean Headrick so that he could submit dispoportionate percentage of a response, he declined to do so resources, resulting in precisely because it was unsigned. scarce Granted, there are times when an the inability of the vast majority of students to take the anonymous letter is appropriate, as when someone reveals information codrses and obtain the educa- about themselves which they prefer to tion they desire. have remain confidential. On the other hand, controversial ideas, such as those Someday, perhaps, the administration will wake up and expre&ed in the above letter, do not the test of confidentially. realize that their mission here meet There are women and men in this is to educate lawyers. Maybe world who, at considerable danger to when the Dean holds his open themselves and their careers, openly as difficult as the basic commercial law courses offered, to the few lucky enough to be admitted, at Buffalo. But then, likely Schlegel! doesn't really care if we can learn all these courses during the Bar review, likely he just wants us to leave 1 forum on the Buffalo Model, take positions and espouse beliefs which are unpopular and offend the he'll realize how upset the powers be. -Very often we only students are: Maybe he'll open learn ot that these people as statistics put the forum by responding to out by Amnesty International victhis letter. Maybe he'll realize tims of torture, rape, mutilation and that Buffalo, as a law school, murder. The more fortunate are subject wiretapping, mail searches and job in the language of the to has loss. commercial law, which has On the whole.'we think that the adbeen sacrificed at Buffalo's ministration and faculty an a pretty inaltar of legal history "failed nocuous bunch to offend. — — - April t>, 1«b Opinion 3 �Attention All First Year Students BAR/BRI Bar Review Course ■i prou dly p resents Free Lectures on Constitutional Law and Property/Future Interests ' ... WATCH FOR POSTING OF DATES & TIMES! -■'■■■■ * ~ Take this opportunity to review for Finals and to discover why our lecturers have gained national recognition for stimulating even the weariest of legal minds! Opjnipn 4 Ap/il <r, 1983 �The Baby Page The class of 1983 has been (re)productive. Match these offspring with their parents below: Jane Markel Ed Ovsenik Karen Spencer Glenn Frank Alan Zaretzky David Adelman Barbra Kavanaugh David Moretti Cathy Cleary Kavanaugh Brian H: Market; Elizabeth G: Frank; Lynn lamie F: Ovsenik; Christian and Michael E: Moretti; Francis Arthur D: Zaretzky; Bear "Little Joshua C: Adelman; Kara B: (Spencer); Suozzi Sarah A: Answers: On Your Mark Get Set Get Ready For The Third Annual Crossword 1 F I 1 F3B___T P ll* I! I** I" I IM fi RACE JUDICATA Bj Friday, April 15th (time & course to be announced) Sv jf- ■>___— ps ___■_• i n ALL LAW STUDENTS & FACULTY INVITED F " ■ p 2.5 mile road race around Amherst Campus ____ ■ B»r W "■ — ———JH H Its 1. Texas University 5. An orthodox no-no 8. Tentacle ' 37. River in Thailand 38.Choose 39. Invulnerable 42. Heineken receptacle 12.Turn • 45. Horrors 47.Bishop's mate 48.Yen 13.Mine yield 49.Consume 14.Largest of seven 15.Liquid measure 16.Extend 18 Propose 20 East end of fourteen across 21.Lip Tin Tin 22 23. Touches 25. Banking term 29 Bord Pat. 30.Stadium 31.Abet 32.Lived sound 35.American beauties J xa * — ■■■ ■■■ ■ I Hrs Solution on p 5 CROSSWORD CLUES Across *n h _____■ __r by Glenn Frank SBA FUNDED [ ■ 850 50.Against 51.Spunk 52.5p. lady 53. Fast jets (abbr) Down 1. Ready 2. Travelogue (abbr) 3. Both Houses 4. Involve 5. Missing dough 6. Exist 7. Festive candelabra •• Shallow dish (Lat.) 9. Arthur 10.Legal holding 11.Gasp 17.Nerve 19.Bosses (abbr) 23. Evergreen 24Chemical ending 25.Unit of radiation energy 26.Strongholds 27J3eceive 28McMahon and Murrow 30.Breaches 33Turkish inn 34Ms. Andrews 35.5p0il 36.Verdi's work 39. Debts 40. Austrian river 41. Land contracts (abbr) 42.Chic, el stop 43.R. Hood's home 44Killy's toqls 46Auris AprH ft) WB_ Oplnieh 5 �National Lawyers Guild Files Suit Against FBI by Amy Ruth Tobol The days of the red scare are far from over. In the halls of this law school, we can hear mutterings of "commie pinko" when the National Lawyers Guild is mentioned, "These fellow colleagues are certainly in good company as this article demonstrates, the National Lawyers Guild has been accused of being a "communist front" for years. What is important to remember is that those who exercised their civil rights and those who try to protect the civil rights of others have also Deal. been accused of being comSince that time, the National munist. In fact, Martin Luther King was also considered a Lawyers Guild has worked with "commie" and was the subject and represented communities, of F.8.1, surveillance before his labor unions and others to furdeath (see The Lawless State by ther the goals set out in the Preamble to the Constitution Morton Halperin, Jerry Berof the Guild (originally man, Robert Borosage, and Christin Marwick; Penguin adopted February 22, 1937) at Books, 1976). We need to ex- Washington, DC. and most amine why and how the threat recently amended in July 1971 of communism is used to at Boulder, Colorado): thwart civil rights activities in The National Lawyers Guild is this country. an association dedicated to the Accusations that the Naneed for basic change in the tional Lawyers Guild is a comstructure of our policital and munist front are as old as the economic system. We seek to organization itself. Guild unite the lawyers, law students, — Notes (September-October 1982) reports that in 1946 the Attorney General of the United States leashed out at "revolu- tionary lawyers" who were representing labor unions and expressed the conviction that "our bar associations with a — - mentioned in a crowded room 1976-79 Filed amicus briefs of attorneys often provokes in support of affirmative acgiggles, rage and admonitions tion in Bakke and Weber cases. to keep any affiliations with the group off of resumes and 1977-81 Cuild sent factout of interviews? finding delegations to investigate violations of human Brief History rights in the Middle East, El In the 1930's the American Salvador and Northern Ireland. Bar Association refused to admit black attorneys and oppos1980 — Guild lawyers won a ed the social reforms of the three million dollar verdict New Deal. Thus the National against the police in the city of Lawyers Guild was formed in Detroit for police brutality. 1937 by a group of lawyers who felt the need for an inWhat the National Lawyers tegrated bar association which Guild has done and is doing is would support the social challenging traditional notions welfare legislation of the New of the role of law in American society. Rather than accepting the rule of law as somehow separate and above politics, economics, culture or personal attitudes of judges, Guild lawyers approach the law as inextricably intertwined with all of those factors. Through the representation of those who are victims of an often unjust legal system, Guild lawyers are in fact using the law as it should be used, to protect those who the laws were meant to protect, and who are without access to the legal system. Equal access is neither a legal workers and jailhouse revolutionary concept, nor an lawyers of America in an idea articulated only by the National Lawyers Guild. Legal organization which shall function as an effective political representation is recognized as and social force in the service a constitutional right under the of the people, to the end that 6th Amendment right to human rights shall be regarded counsel. In addition, the as more sacred than property American Bar Association has also come to acknowledge the strong hand should take these together all those who regard to too brilliant brothers of ours to adjustments to new conditions responsibility of lawyers representation the provide for woodshed for a the the legal as more important than veneration of precedent; who disadvantaged and indigent: definite and well-deserved adrecognize the importance of monition." safeguarding and extending the Canon No. 2: A lawyer should During the 19505, the Narights of workers, women, assist the legal profession in tional Lawyers Guild was listed farmers, and minority groups fulfilling its duty to make legal a subversive organization, a upon whom the welfare of the counsel available. communist front, on the House entire national depends; who of UnAmerican Activities Comseek actively to eliminate Yet, the FBI still felt it immittee's list of subversive racism; who work to maintain portant to keep tabs on the organizations. and protect our civil rights arid And on June 24, 1982, liberties in the face of persis- Lawyers Guild and its acSenator Denton, Chairman of tent attacks upon them; and tivities. who look upon the law as an inthe Senate Subcommittee on strument for the protection of NLG v. FBI et.al. Security and Terrorism describIn 1977, the National the people, rather than for their ed that National Lawyers Guild repression. Lawyers Guild brought suit as an organization which against the Federal Bureau of "seeks to exploit the law in Among the more noted order to bring about revolu- events in Guild history are the Investigation, the Central Intelligence Agency and other tionary change." He went on to following: Federal agencies. Filed in the say: United States District Court 1945 Guild lawyers won many believe share the view I Thomas v. Collins establishing that groups that produce prothe right of labor organizers to paganda, disinformation, or legal assistance may be even speak and hold public continued from page 3 more dangerous than those who meetings actually throw the bombs, (em1950's phasis added) Guild lawyers perience remains. Mr. Garry's represented persons subpeonschematic framework for a Obviously, the Federal ed before the House UnAmerclient's defense, however-does Bureau of Investigation has ican Activities Committee no more than disintegrate the thought the Guild worthy of Rule of Law, a form of mediaspecial attention since recent tion, and rely on an argument discovery motions in National 1954-64 Cuild lawyers framed in the language of Lawyers Guild v. F.8.1., et.al. established a legal office in Liberalism. Mr. Garry's approach is a have uncovered over 200,000 Mississippi to aid the civil pages of documents detailing rights movement. Guild paradigm of the liberal FBI surveillance of the Guild lawyers also developed the political ideal that one should between 1947 and 1975. These strategy of removing civil defend, by any means, the are only the pages they have rights cases from hostile state underdog. Although the cause been compelled to release. courts to federal courts in is truly worthwhile, the proWhat kind of group is the Dombrowski v. Pfister. blems of objectivity remain the same. Mr. Garry's social National Lawyers Guild that it Guild lawyers scientific approach attempts has stirred up such emotions 1971-73 organized mass defense teams to change the jury from subjecfor so long? What are those subversive of lawyers, legal workers and tive observer (sympathy/difacts done in the name of the jury specialists for Wounded ference) to objective factfinder (empathy/unity); he National Lawyers Guild which Knee and Attica rebellions. wants to create a new, have caused it to be deemed Guild lawyers suc- thoroughly comprehensive imeven "more dangerous than 1976 those who throw the bombs?" cessfully defended Inez Gar- age of his client, i.e., create a And what is it about the Na- cia, charged with homicide for new boundary. Effectively, he tional Lawyers Guild that when killing the man who raped her. is arguing that the defendant interests. Our aim is to bring — - — 6 Opinion April 6, 1983 workshops. It prepared periodic reports usually every six months on each Chapter's members and activities. On both a national and chapter level, the FBI had complete access to the Guild's —— bank records. Even accepting arguendo the stated justification for the government's activities to the Guild, the files expose for scrutiny the principal legal and political premises advanced by the government to justify covert surveillance programs. For most of the period, the FBI claimed it was investigating the Guild as a "front" of the Communist Party, USA. On this premise, the FBI spied upon (and sought to disrupt) the Cuild for thirteen years before it was able to convince the Department of Justice even to bring a formal charge that the organization should be listed pursuant to the relevant statutes as a subversive organization. It then conducted an even more intense surveillance for five years while those proceedings were pending. As documents discovered in this case show, the Justice Department concluded in 1958 that it had absolutely no case against the organization despite all of this surveillance and, for that reason, discontinued the administrative proceedings. Nonetheless, the FBI continued as before, spying upon the organization and attemp- ting to disrupt its activities for another thirteen years precisely on the theory that the Cuild was a "front" of the Com- munist Party. In 1971 the FBI finally abandoned this premise for its "investigation." In quick order, it then attempted .to premise continuing surveillance on the grounds that the Guild was a 'Marxist-Leninist' organization that the organization provoked prison discontent and had con- with the Weather Underground Organization. Under pressure from the Department of Justice, the FBI supposedly terminated its "internal security investigation" of the organization in 1975. The true purposes of the FBI actions shown by the files stand in sharp contrast to the official premises of the "investigation." Indeed, the files show that the government was not "investigating" the Guild at all. The. very first document in the files tells the story. It is, a letter to J. Edgar Hoover from columnist Walter Winched advising that a Guild member had made a speech in Detroit to the effect that if the Guild keeps up its criticism of the FBI and Hoover, it will weaken the power of the FBI. Hoover responded that he had an informant's report of the speech already and was well aware of the Cuild's criticism of the FBI. A few months later, Hoover went to the Attorney General and asked for authorization to being an investigation of the Guild as a subversive organization. The Attorney General refused, saying that there was not enough information. So Hoover ordered a burglary of the Guild offices, and obtained eight hundred pages of minutes, membership lists, mailing lists, contributor lists and correspondence in his search for ammunition to attack his critic, the National Lawyers Guild. This set the pattern. The Cuild would criticize the FBI tacts continued on page 8 Garry: Humanize the Client — — for the Southern District of New York, the complaint alleges that the federal government has engaged in an intensive and systematic campaign of surveillance and harassment against the organization since its founding in 1937. The Guild seeks a declaratory judgment that the government's activities were unlawful and an injunction against their continuation as well as monetary damages for past violations. To date, the Guild has obtained over 200,000 pages of government files on the organization. The documents show an extraordinary program of surveillance. The FBI was at every national meeting noting the identities of those attending and what was said at was denied some set of natural rights; he cites as ammunition nutrition, education, family and any other event in the defendant's history for which society can be held reproachable. Mr. Garry plainly overlooks the fact that a discussion of rights imposes on the lawyer the constraints of Liberalism's dualities: for every good liberal political argument, there is an equally effective conservative political argument. Since rights are by their very nature a legal conclusion, to speak of rights, and society's individual failures, is to NOT speak of unity (empathy) between social classes. Although Mr. Garry's argument correctly points out that an oc- the manipulation of substantive justice. "Rights discourse is a trap," and Mr. Garry's idea offers us no true alternative. One who attended Mr. Carry's lecture may, upon first impression, characterize him as the "Buffalo Model" incarnate. His selective use of a defendant's historical data may seem analogous to an empirical study of the Law. Mr. Garry's method, however, while alleging to be representative, does not approach the magnitude of an exhaustive empirical analysis of the Law. As a result, Mr. Garry must rely on Liberal rhetoric which, because of its inherent conflict, leaves a jury at the end of a trial in the same position which it began the trial: poised to pass judgment on the accused, relying upon a combination of authority and pure autonomy (sympathy), and not upon an objective standard casional value judgment must be made, his blue print for defense leaves us only with an incoherent Liberal methodology that allows for (empathy). �Lackawanna's Got The Steel Yard Blues The abandoned blast furnace of Hanna Furnace Company, continued from page 1 located directly opposite Gate 1. abandoned mills and facilities in the plant it was apparent grants and loans in January if it three times Lipke's estimate. that this new melter could also would agree to continue As ofMarch 18,1982Lipke had commitments of $6,000,000 be used to digest these unused operations. On March 17, 1983 toward his plan. Lipke would facilities. The image of the also have the additional cost scrap melter feeding on the Bethlehem rejected both proplant itself was a gruesome but posals and announced that its of negotiating a purchase price decision to shut down the with Bethlehem for the not inappropriate image. Lackawanna Plant was irrever- facilities. sible. Federal officials stated The Closing The third possibility, that the For the steel worker the an- that Bethlehem had rejected state and/or federal governnouncement of December 27th the earlier proposals of government put up the capital to buy brought some relief; at least ment assistance. The unethe plant, has probably receivphoto by Mike Reilly the workers finally knew where quivicable of ed the least attention. When nature the plant stands it will be Bethlehem's rejection of both the corporations refuse to put by Carl Sandburg closed. The last years have proposals clearly indicates up the capital, and when combeen especially difficult ones that its decision is final. munity and employee groups So fire runs in, runs out, runs somewhere else again, for the workers with 20-35 The second possibiity is that don't have sufficient capital, it And the bar of steel is a gun, a wheel, a nail, a shovel, years seniority. They have too a buyer could be found for the seems logical that the only A rudder under the sea, a steering-gear in the sky; many years in to give up the plant. However, the likelihood source left is government inAnd always dark in the heart and through it, job entirely but they aren't old that another steel corporation vestment. Smoke and the blood of a man. enough to retire: All those would buy this facility and inNot only is government the Pittsburg, Youngstown, Gary they make their steel employees that are eligible for tegrate it into its operation source of last resort but it may with men. retirement can now be ex- seems slight. The process of also have the most to gain by pected to retire. For those that curtailment of operations and eliminating the short and long In the blood of men and the ink of chimneys are close, there may be some the shutdown of plants is oc- term costs of this shutdown. A The smoke nights write their oaths: relief from a clause in the curing throughout the in- conservative estimate is that Smoke into steel and blood into steel; United Steel Workers contract dustry. At this time there are the shutdown of this plant will Homestead, Braddock, Birmingham, they make their which grants early retirement dozens of major steel facilities cost the Buffalo area 25,000 steel with men. to high seniority employees in which sit abandoned throughjobs. The cost of investment Smoke and blood is the mix of steel. the event of a plant shutdown. out the industry. At this time may not seem so great when it Although this clause is in- there are dozens of major steel is measured against the cost of Smoke of a city sunset skyline. dicative of what could be ac- facilities which sit abandoned unemployment, the benefits Smoke of a country dusk horizon complished by contract to throughout the Northeast under the Trade Adjustment They cross on the sky and count our years. Act, welfare, foodstamps, and soften the impact of a shut- and Midwest. down, the International Union There is also a possibility the revenue that would have Smoke of a brick-red dust has not been successful in that local investors could be been raised in taxes. Winds on a spiral found to purchase the plant. There is also little doubt that negotiating more comprehenOut of the stacks sive and long-range limitations One area businessman has New York state needs these For a hidden and glimpsing moon. on this crucial management made some very aggressive steel products to rebuild the This, said the bar-iron shed to the blooming mill, proposals in this direction. On infrastructure which delivers prerogative. This is the slang of coal and steel. Likewise, the Congress has February 17,1982 Dr. Kenneth essential services. Under this The day-gang hands it to the night-gang, been unable to legislate E. Lipke resigned his position type of plan the mills could be The night-gang hands it back. as chairman of Gibralter Steel run by a committee of profesgreater control over these "industrial homocides." None of Company in order to work full sional managers and Stammer at the slang of this the many plant closing bills time toward the goal of stockbrokers who would be Let us understand half of it. which have been introduced locating investors to buy the responsible to the state and/or plant. Dr. Lipke has announced federal government. If this have been successful. In the rolling mills and sheet mills, In the harr and boom of the blast fires, Such legislation could re- that the plant could be fully structure were approved the quire more advanced warning modernized with an investThe smoke changes its shadow board of directors would be of a shutdown and could re- ment of $250,000,000. This elected by the citizens rather And men change their shadow; A nigger, a wop, a bohunk changes. quire justification greater than figure does not include the than a private group of the promise of higher profits in purchase price of the plant stockholders. The government has the it is only another investment; such bills from Bethlehem. A bar of steel Although Lipke's proposal capital to underwrite such a Smoke at the heart of it, smoke and the blood of a man could also require reasonable compensation for the victims has excited great interest in the program of plant modernizaA runner of fire .ran in it, ran out, ran somewhere else, And left smoke and the blood of a man of these industrial deaths, community, his ability to tion. The latest estimate is that realize this goal may be more the federal government will namely the workers. And the finished steel, chilled and blue. limited. On March 20, 1983 spend $2,000,000,000. on The Alternatives James Smith, who is a special defense over the next five assistant to U.S.W.A. President years. Ironically, one might ask There has been some hope Lloyd Mcßride, questioned how strong America's defense Lipke's knowledge of the posture will be even after this since the December 27th announcement that steelmaking steelmaking business. massive expenditure when it is by Anna Marie Richmond Student Health Insurance could be continued at Gibralter Steel is a much dependent on foreign steel Benefit Summary with the of- Lackawanna. This hope has smaller fabricating facility and producers. U/B students are required to ficial policy revealed the revolved around three basic Lipke admits that his expertise If an alternative to the plant purchase health insurance as following discrepancies: possibilities: that Bethlehem is really as an entrepreneur shutdown is not found the conpart of their mandatory stu1) Coverage. The costs for in- would change its decision; that and organizer rather than as sequences for Lackawanna are dent fees, unless they prove suraing a spouse or dependent a buyer could be found for the the head of a major steel facili- predictable. There will be a they have other coverage and child are $200 and $150 plant; or that the state or ty. long uphill battle to survive as Smith has also been critical it increases property taxes to specifically waive the Universi- apiece, respectively. In addi- federal government would ty coverage. What exactly tion, dependent children are take an active role by putting of Lipke's announcements on stabilize its tax base, and it television and in the papers cuts city services and educadoes the University insurance only covered between the ages up capital. It seemed possible that concerning the plant when tional budgets, and as it seeks plan cover? of 30 days and 19 years. 2) Surgical Operations. Bethlehem could be persuadthere has been no consultation to adjust to the loss of its The Student Health Insurance Office, D-213 Michael "When more than one surgical ed to change its decision after with the union and no in-depth young people. At this time it is unclear Hall, provides a summary of procedure is performed in the new proposals were offered by analysis of the engineering, the policy to covered students. same operative session, in dif- both the United Steelworkers capital and market re- whether the mills will be demolished or will remain to This summary is general and ferent operative fields, the of America and by state and quirements of this facility. However, the greatest protake their place among the sometimes vague. It refers the maximum payment will be federal government. On interested student to the of- made for the most expensive February 9, 1983 the U.S.W.A. blem with Lipke's plan may be other towering relics on the ficial policy on file in the Stu- surgical procedure, and 5096 offered a proposal to cut labor its cost estimate. Right now on- Buffalo waterfront. But even dent Health Insurance Office of all other* surgical pro- costs which should have been ly Bethlehem has a realistic after these mills are torn down for further explanation of cedures. When sickness a corporate dream come true. estimate of what it would cost steelmaking will continue. It necessitates two or more The union offered to reduce to upgrade the Lackawanna will remain in the minds and coverage. dreams of the requests surgical procedures which are the workforce, to centralize works into a world class facili- the by Numerous telephone and in person failed performed through the same the maintenance force, to ty. We will not know what this steelworkers. For them the to elicit either a copy of the approach, and at the same lower the incentive rates, figure is until the consulting cadence of the coke ovens bepolicy or an invitation to in- time or in immediate succes- revise work practices and engineers hired by New York ing "pushed" will continue spect it in the Office. The staf- sion, the maximum amount create a one plant "pool" of state and the federal govern- forever, the oxygen lance will fers stated that the Summary is payable will be the larger workers. These changes would ment complete their feasibility drop noiselessly into the 8.0.F. amount payable for any one of result in savings of up to study of the plant facilities. vessels and the billets will roll the only policy available. $50,000,000 for the company. However I would not be sur- uninterrupted through the A copy of the official policy such surgical procedures." Bethlehem also received an of- prised to find that the cost of passes producing an endless was obtained directly from the fer of federal, state and local this modernization is two or stream of red-hot steel. agent. A comparison of the April 6,1983 » >? Opinion — - - — — — — Official Insurance Policies Are Available ■* 7 �Lawyers Guild Files Suit BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS legislatively defined goals and of the bar and hence with the that the FBI is not free to act provision of legal representaagainst progressive forces and upon its own sense of the best tion in our society. By mainthe FBI would attempt to blunt interests of the country in us- taining tabs on the organizaits criticism by heightening its ing its investigative and other tion, interfering with legal strategies and the decision own efforts to destroy the powers. Second, the Guild will making processes of the Guild, Guild as a viable organization. challenge the legal adequacy it can be argued that such inIndeed, the file ends as it begins. 1n.1975, the San Francisco of the pretextual justifications trusion has in fact violated Chapter distributed a leaflet for the government's actions. attorney-client privileges. The answer is not to avoid advising individuals that the It will argue that a point comes FBI cannot be trusted and that after which the government no being involved with the Nacitizens have no obligation to longer can investigate an tional Lawyers Guild. The soluspeak to agents. The Bureau organization to determine if it tion is found in informing responded to this constitu- is "subversive." We will also others of the FBl's past intional conduct by seeking an argue that the government volvement, and access to the IRS investigation of the cannot continue such in- legal system for all, and that organization. In keeping with vestigations once it has abanthe legal system is used to prothe government's actual pur- doned or lost administrative tect fundamental, civil rights. poses, the files show a sustain- proceedings to adjudicate the To remain silent, and let such ed effort not merely to keep organization as subversive. intrusion go unnoticed, is to tabs on the organization, but The Guild is also challenging make a mockery of all the adto destroy its effectiveness. the notion that being a "front" vances that have been made in The issues presented in the of the Communist party is a the areas of civil rights and suit are too numerous to adbasis for investigation at all. first amendment freedoms. We dress fully in this article. The argument is that at least need to examine the governPerhaps most importantly, the since the Supreme Court deci- ment's premises, i.e. that Guild will challenge major sions of 1957 and 1965 narrow- organizations which work on premises of the government's ing the Smith Act and other civil rights issues are essentialpolitical surveillance and similar federal statutes, there ly Communist. Using the Comharassment programs of forty was no law-enforcement purmunist front rationale serves pose to be served by in- only as an excuse to destroy years. First, the Guild will assert vestigating an organization for organizations which threaten that the FBI and other agencies possible links with the Comcertain power and authority, did not act in pursuit of objec- munist Party. The Guild that is misused or illegitimate. tives defined by Congress or believes that as long as the On April 22 at 2 pm in Room the Constitution, but rather in Communist Party "front" ra- 112 O'Brian Hall, Gordon pursuit of its own politically tionale can be asserted by the Johnson (of Rabinowitz, defined goals. The Guild will government, no organization is Boudin, Standard, Krinsky and argue that even surveillance safe, as the rationale is infinite- Lieberman), one of the atwhich is not per se unlawful by ly expandable as well as ob- torneys representing the Guild virtue of the techniques noxious at its core. will speak on this suit and on employed (e.g. warrantless enCertainly the investigation political surveillance. It will be tries is nonetheless unlawful if conducted by the FBI has inter- a good opportunity to discuss not taken in pursuit of faced with the independence the issues raised in this article. continued from page 6 Knowing how to analyze complicated essays, confusedly combining several fields of law, and writing coherent, logical and consistent answers thereto, can make fne crucial difference in passing the Bar Exam. Why not get the feel of 16 very difficult Bar Exam questions before the July, 1983 Bar Exams? Thousands of students, for the past 40 years, have been convinced that the approach analysis and style techniques and methods they need at THE KASS PROBLEM ANALYSIS CLINICS were essential to their success on the Bar Exam. Six successive Sundays, starting June 12, 1983, from 1 to 4 p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, N.Y.C. Tuition Fee: $150 Taped course to be held at U.B. We were over-subscribed in our last 10 series! Buffalo Agents: Mark Reisman & Rick Roberts for unconstitutional conduct — — KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005(212) WH3-2690 Mitchell Lecture Featuring: Professor Stuart MaCauly Aid Update "Law and the Social Sciences" Sallie Mac Options Outlined continued from page 3 on August 1, 1983. When: Thursday, April 7, at 3:30 Where: Moot Court Room The dilemma which faces the 1983 graduates is of significant consequence. In order to take advantage of the Sallie Mac program as it exists today, the student will have to enter into an agreement with Sallie Mac before July 31, 1983. Sallie Mac provides no grace period or deferments, so the student will begin paying back Post-Lecture Panel Discussion Professor Daniel Lev: University of Wisconsin loans in August or September, well before the bar exam results are in and well before many students have received their first pay check. The option available is a gamble. The student can take advantage of the 9-month grace period on his/her loans and do nothing until February 1984 when the first loan pay- Dr. Felice Levine: National Science Foundation Professor Barbara Yngvesson: Hampshire College Letter to Chancellor When: Friday, April 8, at 1:00 Where: Room 109 •Reception following the lecture. &_&_&_£_! Opinion' 8 ApriiVl&J' be able to afford the extra $76/month in the first few years out of school. A secondary concern to the renewed, the student will begin paying off his loans at more far-sighted student is the fixed rate set by the bank. whether s/he might do better by investing the extra (Note: the bank has the discre$76/month; in essence using tion to reduce or postpone student payments for good the bank's loan money in an atreason, but is not required to tempt to gain a return in excess do so.) A typical Buffalo law of the 7% cost of that money. A resolution to the dilemma student with $15,000 in loans will thus have the following is not in the immediate future. choice. Under Sallie Mac's ex- According to the memo issued tended plan, the student could by the Joint Task Force, opinpay $98/month for the first two ions on Capitol Hill range from years, increasing in graduated optimistic to pessimistic over steps over sixteen years to the chances of Congress conti$189/month in the last two nuing Sallie Mac's authorizayears. On the other hand, tion. Certainly no action is likeunder a typical bank plan, the ly until the GAO report comes student will pay $174/month in in May. for ten years. The crucial issue Students who would be into students is whether they will terested in waiving the nine month grace period to be sure of having the Sallie Mac Options available should take the attract academically talented following action: Write or call students. I would appreciate it Sallie Mac before May in order if you would consider as an to receive the application becomes due. At that time, if Sallie Mac's consolidation authority has not been ment i ■ Editor's Note: U/B President Sample wrote the following letter to SUNY Chancellor Clifford B. Wharton: alternative an increase of $400 Dear Clif: for Law and a 25% (or approximately $600) incrase for Thank you for the oppor- Pharm.D. These minor adtunity to discuss with you the justments in the proposed tuiconcerns that we at the Univer- tion levels for Law and Pharsity at Buffalo campus have macy would continue to allow regarding the tuition increase our programs, which are unifor our Law and Pharm.D. pro- que in SUNY, to be comgrams. Although we are well petitive with peer institutions aware of SUNY's pressing need throughout the country while for additional revenues, the at the same time reducing by projected increases for Law only a slight amount the and Pharmacy are totally out revenues to be generated by inof line with the percentage in- creasing the Law and Pharcreases in other tuitions and, macy tuitions. perhaps more importantly, place our Law School and Sincerely, Pharmacy School at a decided Steven B. Sample disadvantage in being able 10 President material. Follow the course of the legislation (I'll be keeping the people in Buffalo informed through the Bar Review months of June and July). If it looks like authorization will not happen before August Ist, complete the application (including the forms filled out by your banks) in time to have Sallie Mac accept it by the end of July. Sallie Mac's address is: Sallie Mac Student Loan Consolidation Center P.O. Box 1600 Merrifield, Va 22116 1-800-446-4000 �New Waves Heavy Metal, Anyone? Sheehan is Believin' by Jud Weiksnar Even though the name of this column is "New Waves," there is more to the Buffalo music scene than that title suggests. So last week I ventured into the world of Heavy Metal at Uncle Sam's in Cheektowaga to see Talas. Don't get me wrong. I have not traded in my thin ties for a 97 Rock t-shirt. However, this was Talas' last local show before taking off on a tour of the States and South America, and I was curious about all the hype the band, especially bassist Billy Sheehan, has been receiving of late. This was a Heavy Metal high schoolers stancrowd ding in line to get in, trying their best to look 19. When the disc jockey played a New Wave tune, one girl shouted "I hate this band. I hate this music." That set the stage for — Talas. Talas, composed of Sheehan, Dave Constantino, and Paul Varga, has been around a long time. In one band or another they've been playing with each other for the last 18 years. Talas as it's known today has been together since 1974, except for 1977-78 when Sheehan left for a year. If I were 16, I'd probably think Talas was the best band in the world. Taken in context, they're great at what they do: Heavy Metal. After their first couple songs, I realized whom they reminded me of: Blotto doing their parody of a Heavy Metal band. Then a funny thing happened in the middle of the set, Talas took off into a series of less metallic songs, getting away from the boom-boom-boom and into different rock 'n' roll beats, with Sheehan putting on a vir- performance. This man not onlyknows his Way around a bass guitar, but he does things with it you just won't see anywhere else. It's easy to understand why he's received such acclaim from around the rock world. The other members of Talas are more than capable. The band struck me with their sheer professionalism. They've learned a lot from touring with big name groups and putting out two albums of their own. Their latest, Stick You Teeth tiioso Into That, is moving up fast on the national and international charts. In only one way could I mistake them for a local bar in their rapport with band the audience. These guys are as much a part of Buffalo as Beef on Week, and they aren't about to forget their roots. They made sure to point out that one of their songs about a hick town was not referring to Buffalo. After a while Talas reverted to more basic Metal still original and still flawless, but — — obviously tailored to their fans, not to the New Wave critics in the audience. So if you want to dance, don't see Talas. If you want synthesizers, don't see Talas. If you want weird lyrics, don't see Talas. However, if you like Heavy Metal at all, if you want to see how good a Buffalo bar band can become, or if you just want to get your socks blown off, see them when they come back. For those of you who enjoy a mouthful of metal, this is a band you can really sink your teeth into. — SBA Adopts Resolution Resolution adopted by the welfare of law students, the reputation of the law school, SBA on March 16,1983 and the effectiveness of the WHEREAS, the Career law community, and Development Office (CDO) represented by Ms. Audrey WHEREAS, the SBA in past Koscielniak appealed to the years has been requested to SBA on February 9,1983 for a subsidize such other various grant which would subsidize and usual CDO functions, and the Spring 1983 One-to-One Program and the purchase of WHEREAS, the Administration certain job information books has a duty to prioritize the and, CDO budget and allocate monies in order that CDO can WHEREAS, the SBA adopted a sufficiently provide such wormotion on February 15,1983 to thy and usual functions grant CDO $200.00 from the without necessitating an apunallocated line for .aid re- peal for SBA funding. quested subsidation, (sic) and RESOLVED, that the SBA urges the Administration to prioritize WHEREAS, the SBA reluctant- funding for the Career ly granted said request only Development Office in order because it recognizes the im- that said office's importance portance and worthiness of and worthiness be truly CDO functions in bettering the reflected. Insurance. 3) Maternity Benefits. Benefits for hospital confinement are limited to four days, one of which must be the day of delivery. Surgical benefits paid will not exceed 20% of the maximum surgical expense limit ($1000), i.e. $200. No benefits are payable for any expenses "incurred in connection with the care, treatment, or supplies rendered to the new-born infant." (This last proviso is consistent with the exclusion of dependent children less than 30 days old, but reflects a policy decision by the University to not cover a major portion of maternity expenses.) 4) Exclusions. In addition to the 14 exclusions listed in the summary, the policy does not cover injury incurred due to participation in a riot, or "treatment provided in a governmental hospital unless there is a legal obligation to pay such charges in the absence of any insurance." What You Can Do If you wish to know the full details of your insurance coverage, you should obtain a copy of the official policy. You can try to get a copy from the Student Health.lnsurance.Of- • • • _rfggse continued from page 7 fice. However, it seems that many of that Office's staff are unaware of the availability of the official policy. You can obtain a copy of the official policy by telephoning or writing to the plan administrator: William H. Scott, Jr. Henry Holland Inc. 2495 Kensington Aye. Buffalo, NY 14226 634-2100 BALSA This is your chance to get your questions answered and let your gripes be known: OPEN FORUM ON THE BUFFALO MODEL & OTHER ACADEMIC ISSUES Policy The Black Law Students Association, Buffalo Chapter, is an organization which stands for racial and ethnic identification, as well as assimilation, in the Law School and the University at large. BALSA is dedicated to helping minority students find a place and succeed in law school arid in the legal profession. BALSA is also totally dedicated to the advancement of Buffalo Law School and is more than willing to assist in the achievement of that goal. BALSA strives towards racial and ethnic balance and equality, not only at U/B but in our entire country. Featuring: Dean Headrick, Associate Dean Schlegel & U/B Law Students' Find out what's going on. Let your views be heard! Wednesday, April 13, 2:00 p.m. Room 106 April 6, .1993,, ( 9 �■■■■■■■■■■■■■■■■-—---—■■■■■■„.. t I ||||l ----- ■■■■"» ■ .illllil Celebration! Law School Dinner Dance April 9, 1983 6:30 til 1 am Sheraton-East Buffet Dinner 4 hour Open Bar Wm/wmk Kf/0/fr\ <*_§l_!2__r Wl/li/h-i Music — Dancing sfs $15/person without Entertainment Card $11/ person with Entertainment Card ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■»'"' V Special BAR / BRI OFFERS! r Until April 15, all you need is $25 to enroll in the most popular bar review course in the State! This will freeze your special discount price, and will be put towards your balance. See BAR/BRI table for more info! - ___—_■■_________ aHHIHaaaIMIIHH^^11l^MMM^MM ________________i___________^M-M---_-a__■_____-_-___------^_________^________________«___ ■■^ All those interested in viewing the Irving Younger CPLR tapes may still do so by signing up at the BAR/BRI table by April 7. See BAR/BRI table for more info! OpmkMi 10 April*, I*3 �Last month's Law Revue featured diverse acts by talented students... ...unabashed appearances by members of the faculty... ...and an appreciative audience. photos by left Eisenberg and Earl Pfeffer *. April 6,1993 Opinion 11 �Amazin' Mets Bring Back Memories of 1962 by Lou Roper You will recall that your reporter suffered an attack of acute dyspepsia (that's an upset stomach, fans) just as he was about to analyse the New York Mets in the Opinion's baseball preview last issue. At this time, I have recovered sufficiently to make an attempt to see what's wrong (and what's right) with the New York Na- tional League Baseball Club. season, Last the Metropolitans achieved the awful record of 65-97. They managed to perform miserably in all phases of the game of baseball. Their primary failing, to make a long story short, came in the area of brains. The team leaders in this deficiency were third baseman Hubie Brooks, whose favorite play was tagging up at second base on line-drive singles to center field, Pat Zachry, who had an aversion to getting the ball over the plate in key situations, Ceorge Foster, who had a habit of swining at everything remotely near the strike zone, and David Kingman, the first first baseman to reach Alpha Centauri, at least in spirit. Needless to say, these mental deficiencies contributed directly to the statistical disappointments suffered by various New Yorkers. For example, Brooks slumped to .246 (after a .307 rookie season in 1981) with a mere two home runs, Zachry, penciled in as the staff ace before the season, wound up in the bullpen with a 6-9 record and a 4.05 ERA. The much-heralded Foster repaid his employers' investment with a robust .247 average, 13 homeruns and 70 RBI. Swingman managed to reach the sunny side of .200 (.204) and provided excitement by fanning 156 times. What, then, can longsuffering Met fans expect from this outfit in 1983? For starters, Zachry was shipped to Los Angeles (amazingly, he is the highest-paid pitcher on the Dodgers). However, just as progress was seemingly being made. New York saw fit to acquire Mike Torrez from Boston. This horrendous pitcher staggered to a 9-9 record with the heavyhitting Red Sox last season and posted a 5.23 ERA. Observing Torrez in action allows one to confirm that this is a case where statistics do not lie. A better acquisition was Tom Seaver. Seaver's past record is well-known to all Met fans over the age of 12. Last season, however, he battled a variety of ailments and fell to a 5-13, 5.50 record with Cincinnati. It is hoped that Tom Terrific will recover his 1981 form (14-2) and also serve as a role model for the large crop of young pitchers in the Met farm system. It is these pitchers that should give cause for all New York National League fans to smile. Remember the names Ownbey, Bittiger, Darling, Holman and Sisk, for starters. These gentlemen all throw hard enough at this stage in WORD - ' — 883-3348 Call Proto-Type Ask For Randy r SBA Presents j GUNS, BUTTER AND j I I BUSINESS I | with { { HOLLY SKLAR ~ Where: WkS^rjanHa}^ due to their inexperience, but they will make many bigleague plays and provide,excitement. They are players that the Mets should stick with. Finally, there is Mookie Wilson. Although Mookie struck out frequently last season, he was exemplary in other departments, particularly fielding and baserunning. He was a proverbial light amid the gloom that was the 1982 Mets. In summary, New York is too young and lacks sufficient depth to move up in the standings, unless their pitchers all turn into Walter Johnsons. . Pick-Up & Delivery Available All Work Guaranteed L Strawberry every opportunity to win the rightfield job (they sure don't appear to have anyone better). If the kid has the goods, he should be able to handle the jump from AA. There are some other bright spots. The young double-play of Ron combination Gardenhire at shortstop and Train Ciles may well be erratic Each of you will have an opportunity to present your organization's needs to the SBA Ad-Hoc Committee on Student Office Space (affectionately dubbed "lost in space"). Two to three representatives from your organization will appear before the committee sometime during the first week following spring break. We will be posting a schedule of meeting times on the SBA bulletin board in the mailroom. Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing When: Thursday, April 14, 7:00 PM Nothing ventured, nothing gained, as my father says. Since the Mets also need a number-three hitter, it is my humble opinion that they giver This study is intended to ascertain the individual needs of each student organization. While some organizations may be asked to share space based on results from this study, please be assured that no organization will be left without adequate room. Complete Editing Capability No need for retyping when editing drafts j youngster and he could have had a taste of the big leagues. Instead, New York went with the disenchanted Valentine and the confused Foster. At Dean Headrick's request, the SBA is currently re-evaluating the allocation of student activity space. We ask for your cooperation in this study. We are confronted with a situation of having too many groups and too little space available. It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Printed to Look like Typeset Or Typewritten holdover Gary Rajsich, a lefthanded batter who has not shown any ability to hit the curve ball. In case Rajsich falters, New York picked up alleged lefthanded slugger Uriah, I mean Danny, Heep from Houston. Uriah had a couple of big seasons in the Pacific Coast League (where everybody hits well) but found the Astrodome too confining Mets' training base at St. (.237, 4 HR, 22 RBI). Maybe he Petersburg indicate that Tim will find Shea Stadium more to Leary has recovered from his his liking. In the alternative, manager shoulder injury which he suffered in the spring two years George Bamberger can choose ago. As with all of the young from Mike Jorgensen (a useful reserve), rookies Mike Howard pitchers, New York management plans to be patient with and Rusty Tillman, or, Rusty Leary. Generally, one should Staub (that would be a cruel be careful with young arms, joke). Or, the Mets can keep but if they are ready to move Darryl up to the big club (especially phenomenon when the big club is short on Strawberry with the team. competent pitchers), they Strawberry, supposedly the should be given an opportuni- black Ted Wiliams, played at ty. Since the Mets' rotation will Jackson in the Texas League be led by veterans Swan and (Class AA) and hit .283 with 34 Seaver, there won't be that HR, 97 RBI and 45 stolen much pressure on the Kiddie bases. Obviously, these are Korps to produce (I assume statistics that make one sit up Torrez will not survive the and take notice. In addition, he spring). They should get a good is just 21 years old. The only look this spring. drawbacks are his inexperience As for their team in the field, (in view of Met management) the Mets' most glaring hole is and the fact that he struck out in right field. Last season, New quite a bit last year. York possessed two of the finer The Mets could have had an defensive rightfielders in the inkling as to how Strawberry League FROM: SBA Ad-Hoc Committee on Student Office Space Your Future Can't Wait Much Longer 16Typestyles & Symbols to mighfperform in the National had they deigned to use him last September when they were in the process of plunging through the standings like a boulder to the bottom of on to brighter pastures. To Lake Erie. There would have replace them, the Mets have been no pressure on the Ellis Valentine and Joel Youngblood. Through insensitivity on the part of management and injudicious use of these players, both became alienated and moved league in TO: All Student Organizations PROCESSING TYPING Choose From their careers to pitch in the big leagues tomorrow. The only ingredients lacking are polish on the breaking ball and experience. In addition, all reports indicate that there are more pitchers where these came from. New York does possess a few arms left over from last season. Craig Swan rebounded from a serious shoulder injury in fine fashion and appears ready to be the Met "ace." Neil Allen, also coming off of an injury, and Jesse Orosco operated in good stead coming out of the bullpen. Both have excellent stuff. Also, all reports from the ' \I Crossword juiuliuu Solution r o aTMIo" P-Z.AL rplT Dan Pease Rich Gottlieb Hollie Levine Anne Carberry Kathy O'Hara Tw MA s r a. £ ILS>-L.JL£.J± * £*^^AJOp:_s._E4"£ X |__L_E_s_J r (ZaZj 1a°l r*• "pi L/L__£Hl E-£-— ___J * ** irl'F" J/v s £-JL !/Z il o.__.ll.A__.£ll [Tool __g, JL i_Ll--_LXI IT a Tl [a vj r Tlals Isllsl* I a lis I Iris � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-04-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/6/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:51:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/116349f4b5bb2fe3776dee7db999a6c3.pdf bec6742dedb62bd9c4f317395411c13d PDF Text Text Vol. 23:12 TO HE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 20,1983 �Use Of Nuclear Weapons Violates Int'l Law Introduction by Professor Virginia A. Leary The request by the Editor of The Opinion to contribute to the special issue devoted to military and nuclear policy arrived at an appropriate moment. Several weeks ago I received an invitation to join the Consultative Council of the Lawyers Committee on Nuclear Policy. The letter of invitation explained that the "Lawyers Committee was formed by lawyers and legal scholars who are concerned about the threat of nuclear war and the an international lawyer and will the legal basis for this opinion soon accept the invitation to and is an excellent statement join the Consultative Council. I regarding nuclear weapons in intend to be active in educating myself and others concerning legal 'questions raised by nuclear weapons policies. The Lawyers Commitee is compos- ed primarily of international law professors and scholars. I have since learned of the Lawyers Alliance for Nuclear Arms Control which has a number of local chapters throughout the United States and addresses itself to the broader legal community not only to international catastrophic consequences lawyers. There may be other should nuclear weapons ever lawyers'organizations concernbe used. The purpose of the ed with nuclear weapons quesgroup is to initiate a dialogue tions which have not come to on the legal status of nuclear my attention. weapons under international The editor of The Opinion law. By subjecting the basic asked me to contribute an artiassumptions of nuclear cle to this issue on the subject weapons policies to critical of the legality of nuclear legal scrutiny, we (the Lawyers weapons under existing internaCommittee) believe that we can tional law. During my recent contribute significantly to the reading on the subject I had present debate about nuclear come across several excellent articles and decided rather to weapons." A number of international suggest that he reprint the law professors are members of following article by Elliot L. the Council and I had decided Meyrowtiz, a lawyer and executive director of the New when time was available to read through the various arYork City-based Lawyers Comticles sent to me relating to the mittee on Nuclear Policy. legality of nuclear warfare The Lawyers Committee under international law. I have takes the position "that internanow done so. My field of tional law, which already prospecialization is not the laws of hibits the use of weapons and war and I had successfully tactics which cause wanton placed at the back of my agen- and indiscriminate destruction da a consideration of the legali- and unnecessary suffering for ty of nuclear war. I am grateful innocent civilians, makes the to the Lawyers Committee for threat of use and use of nuclear having brought the problem to weapons unlawful." The article the forefront of my concern as below by Meyrowitz develops — — — international law. International law alone may not provide formidable inhibition for the use of such weapons, but as Richard Falk has pointed out, "as part of a broad public effort to resist the drift toward nuclear catastrophe it may play a useful role." "Nuclear Weapons are Illegal" by Elliot L. Meyrowitz (adapted from Falk and Sanderson, Nuclear Weapons and International Law, Center of International Studies of Princeton University. Published in California Lawyer, The State Bar of California, Vol. 2, No. 4, April 1982). Are nuclear weapons illegal under international law? Since 1945, this question seldom has been addressed by the American legal community. Indeed, lawyers quietly have disengaged themselves from the debate about nuclear weapons. For lawyers to remain silent on an issue of such overriding importance is ironic: Throughout American history, lawyers in particular have upheld a proud tradition of social activism in the public interest. The abolition of slavery, women's suffrage and the right of labor to organize all were bard-fought battles in which attorneys played a significant role. In recent years, lawyers have fought for civil rights and liberties, were instrumental in developing legal the arguments in opposition to U.S. involvement in Vietnam and provided legal assistance to the opponents of the war. During the past decade, lawyers have been prominent in the struggle for consumer rights and environmental protection. Policymakers and private citizens alike share a prevailing belief that nuclear weapons are legal. The official position of the United States, as found in its military manuals, is that a nation may do whatever it is not expressly forbidden from doing. Therefore, the reasoning goes, since international law has not generated a duly ratified treaty banning nuclear weapons, there is no foundation for contending that nuclear weapons are illegal or prohibited. However, the legality of House of Representatives Editor's Note: The following excerpts of remarks are taken from the Congressional Record, Dec. 1,1982,pp. E4807A809 Extensions of Remarks. Hon. Thomas J. Downey of New York in the Wednesday, December 1, 1982 - time, there has existed a signifi- Massive Retaliation America is the only country political-technological crisis that centers on the funthat has used nuclear weapons On Monday, April 11 the damental questions of our against an enemy, in President's Commission on time: What is the purpose of Hiroshima and Nagasaki in August 1945, in an apparently Strategic Forces submitted its our strategic nuclear forces successful attempt to terrorize report on the MX and arms deterrence or fighting a prothe civilian population into control. They recommended, tracted nuclear war? For most people, the connot surprisingly, that 100 MX surrender. As a result of this, Missiles each armed with ten troversy sounds a lot like the Russians could see what warheads be placed in existing peace versus war; they choose lay in store for them were they to incur the wrath of the Minuteman silos in the im- their sides and vote accordingmediate future, and that the ly, and that's that. But it is not United States after the War. America had the A-bomb, U.S. government undertake the so simple. This article attempts long-term development of a to explain what technical, the whole world knew exactly cheap single-warhead missile historical and political realities how well it worked, and that in the decade ahead. These lie behind the present crisis. In we could use it; furthermore, two recommendations con- order to understand today's at the end of the War, we had crisis, one must go back into bases all around Russia, with tradict one another. In 1979, the Carter Ad- the past and see how things long-range B-29s ready to ministration proposed a plan have stood between Russia strike out if necessary with to rotate 200 MX missiles in and America in terms of the atomic weapons. The Russians 4,600 concrete silos out in the balance of strategic forces, had no bases on our perimeter, Nevada desert. This was because every change, every no intercontinental bombers, defeated by critics who show- new development occurs in and no deliverable atomic ed how it would be vulnerable the context of an on-going iricontinued on page 10 to enemy attack. Since that teration of forces. cant — The specifically prohibiting or restricting their use. Any reasonable analysis must take into consideration all the recognized sources of interna- tional law — treaties, custom, general principles of law and judicial decisions. Of particular relevance in evaluating nuclear weapons are the many treaties and conventions that limit the use of weapons in war, the fundamental distinc- tion between combatant and non-combatant and the humanitarian principles that may prohibit the use of weapons and tactics that are especially cruel and cause unnecessary suffering. A review of these basic principles and documents supports the conclusion that the threat or use of muclear weapons pursuant to a doctrine of massive retaliation, mutual assured destruction, counterforce or limited nuclear war is illegal under international law. Ever since the Declaration of St. Petersburg of 1868, the principles of humanity have been asserted as a legal con- straint upon military necessity. continued on page 6 Rep. Downey Criticizes Reagan For His Untruthful Statements •onMr. The History Behind The MX by Charles A. Haynie Tolstoy College (F) nuclear weapons cannot be judged solely by the existence or non-existence of a treaty Queen City-As We Know It DOWNEY. Mr Speaker, November 22, President Reagan took to the airwaves to Submarine-launched missiles announce his support for the system. ICBM Densepack MX (1) Completed deployment of 41 adThe merits and demerits of this vanced ballistic missile submarines of weapon will be debated in George Washington, Ethan Allen, and Lafeyette classes. detail during the coming days; (2) Launched four still quieter and it is not my purpose to belabor more advanced Ohio class submarines. (3) Deployed three versions of the that point today. But in the process of making his case for Polaris submarine-launched ballistic first Densepack, he described the missile. This was the world'smissile. underwater-launched ballistic relative strength of United It was also the world's first solid-fuel Staes and Soviet strategic SLBM, and except for a single ship forces in terms which were equipped with their unsuccessful misleading and inaccurate on SSN-17, the Soviets have yet to deploy a solid-fuel SLBM. numerous counts. (4) Replaced the Polaris missiles with So that my colleagues may the Poseidon the world's first have an explicit factual multiple-warhead (MIRY) SLBM by a background on which to margin of 8 years. (5) Replaced one third of the evaluate President Reagan's Poseidon SLBMs with the larger yield, — claims, here is a point-by-point discussion of them: . 1. The Meaning of Deterrence President Reagan: "This nation's military objective has always been. deterrence (which) is a matter of other knowing that standing conflict would be more costly to them than anything they might hope to gain." Fact: Here Mr. Reagan is precisely correct. If his words and deeds were consonant with this principle, the na- tion would be well served. Unfortunately, this has not always been the case. Many of his words, in? eluding those in the speech now under discussion, seem to try to tell the Soviet Union that he believes us to be inferior, that he lacks confidence in our own military strength, and that therefore the Soviets can gain from starting a conflict because we will not fight back. To thus denigrate U.S. military strength is both a disservice to truth and a highly risky position for any President to take, in that it encourages Soviet aggression. I am unable to see what Mr. Reagan believes the nation can gain from his creation of this national security risk. 2. Buffalo's waterfront would have a different look after nuclear war. See page eleven forwhatwe can expect if a 20-megaton bomb is'ever dropped on the Queen City. which we, not the Soviets, have been continually pressing the leading edge of technology; in almost all cases, the Soviets have merely followed in our footsteps. These are some of the specific steps we have taken in the course of the strategic arms race: The Arms Race President Reagan: "The truth is that while the Soviet Union has raced, we have not." Fact: During the 20-year period considered by the President, we have .engaged in a massive arms race in longer range Trident I. (6) Begun deployment of the Trident I missile in the Trident ship. Air-breathing weapons (7) Completed deployment of the B-52 bomber force. To this day, the B-52 carries a heavier payload over longer range than any operational Soviet bomber. (8) Completed deployment of the FM-111A strategic bomber. With its fully automatic terrain-following radar and escape capsule, it remains more advanced than any deployed Soviet bomber. (9) Completed deployment of the Short Range Attack Missile (SRAM), carried by both B-52s and FM-111AS. This missile, for which the Soviets have no counterpart, is for practical purposes immune to any known or expected defense. With its very high supersonic speed and very small radar image, it frees our bombers from the need to overfly their targets. (10) Progressively upgraded and modernized the technology of the B-52 electronics, although not to the limits of today's technology. (11) Begun deployment of the superaccurate, long range strategic Air Launched Cruise Missile (ALCM), which is many years more advanced than any Soviet cruise missile. (12) Equipped the B-52s with devices for simultaneous quick-engine start /ntercontinenta/ ballistic missiles (ICBMs) continued on page 13 �Doonsbury by Garry Trudeau Moms Push For Peace To the Editor: "I was doing the best damn job I possibly could raising my kids and suddenly realized that I wasn't getting the-whole picture." The Orchard Park Organization for Nuclear Disarmament is a group of mothers of young children who are committed to making the world a secure and hopeful place for our kids to Commitment To Civil Disobedience destruc- conflict resolution obsolete; tiveness but also the likelihood now mutual annihilation could Paul Laub is a 21 year old of war. Our President has likely replace resolution. Thus, biochemistry major here at recently sought funding for the I cannot cooperate in any way SUNYAB and is an active "Peacekeeper", 100 missiles with a military force clearly member of the Western New having 10 nuclear warheads preparing for, planning on, and York Peace Center. This article each, and the Soviets have threatening the initiation of is Paul's statement why he has vowed to respond in kind if nuclear war. Instead of complying with refused to register for the draft, these MX missiles are currently a crime punishable by deployed. Personally, having what we cannot be a part of, a maximum $10,000 fine and been born in 1961,I am legally many people have chosen to obligated to register for the violate openly the Selective five years imprisonment. draft so that I, a health scien- Service law by refusing When I peer through a tist in training, will be ready to cooperation. In contrast to the means of action of the United microscope into one of the learn how to kill. many small plastic flasks in I am refusing to register for States and the Soviet Union, which I am growing mouse the draft at the risk of convic- the two nations most responsiconnective tissue cells, I extion as a felon and am no ble for the nuclear threat, we perience a sense of awe and longer morally able to remain act without secrecy, nonmystery at the perfection and secret about my action. violently, and nondestructivebeauty of nature and Life. Hiroshima and Nagasaki have ly. In doing so, we are not only Cells, growing, dying, rounded, provided us with a glimpse, a creating controversy in hope spindle-shaped, fill the field of microcosm of what awaits if. of making the government reconsider its policy, but also view. And likewise, in William our course is not soon changBlake's poetic illustration of ed. What is needed is extraor- depriving it of the bodies and the experience of Life in dinary action guided by the dollars (in the case of war tax "Songs of Innocence and Exdeepest-of our motivations — resistance) needed to make its perience" and in my growing Cod, conscience, the Inner policy work. Civil disobeby Paul Laub ing understanding of how a few not only the Light. basic concepts of physics I have rejected the option of seeking conscientious objector status because, by cooperating with Selective Service in registering now and hoping (with no certainty by any means) for a CO classification when inducted, one is relinquishing one major opportunity to express- dissent now, when time is crucial. More seriously, merely by cooperating in seeking a privileged exemption or deferment one is affirming the legitimacy of Selective Service and helping it to function more within us and around us, we smoothly in sending others have, with the more than including a disproportionately 50,000 nuclear weapons now in large number of minorities and existence, gravely threatened poor people involuntarily our own human Life and the off to war. ecological balance sustaining Ethics aside, in conflicts it. Unconstrained by adequate where nuclear weapons could concern, technology, in makbe used, the risk of nuclear war ing nuclear weapons smaller and its destruction makes the and more accurate, is increas- use of violence as a means of begin to definethe functioning of the entire universe, the reverence is the same. We stand with our noses almost touching an impressionistic painting, needing only to step back to witness the unification of the seemingly random dabs of knowledge into a coherent mosaic. Intruding into our world of meaning subtle and transcendence is the antithesis, violence and its thoughtlessness. Abandoning humble respect for all that is — — mistrust of the Soviet Union, 3 OrtWfcmo AWjt>?qi/.im., that we assume responsibility, stated as one of the principal conclusions of the Nuremberg Nazi war criminals trials, embodies the importance of acting in accordance with the dictates of conscience. Where law and conscience conflict, we should take Thoreau's advice and "be men (and women) first, and subjects afterwards." Undeserved suffering resulting from following the conscience could serve to strengthen individual will and commitment and would certainly be small in comparison to the suffering of nuclear war, happening perhaps because we let it happen. I believe that civil disobe- — Suzanne Aghello Orchard Park Organization for Nuclear Disarmament Inner Logic of MADness Editor's Note: How many of us have wondered just what goes on inside the heads of military planners? But few of us have ever wondered what goes on inside the head of a political scientist wondering about what goes on inside the head of a defense analyst. Cease your wondering and read this. by Jerome Slater Dept. of Political Science Recently I had the oppor- meetings and other activities. The club does presentations, ty members at Mount Mercy sponsors films and attends the Academy in South Buffalo organized demonstrations (of started the "No Nukes" Club. interest to members) which are The club's purpose is to sponsored by the Peace Moveeducate the public and its ment and the Anti-nuclear Club at her school and is cur- membership on the issues at organizations. It is the basic concern of our rently its president. After hand and to get people active graduating high school, Bridget in the peace movement. In this members that weapons create an uncertain future for young plans to major in Environmenway, people can form responsital Science and study Wildlife ble opinions and take produc- people and these same tive action against the nuclear weapons are dedicated to the Management. threat. destruction of human life. We The organization started in no longer view nuclear bombs by Bridget Fitzgerald September of 1982 and holds as a deterrent; they are an imWith the growing talk and formal meetings every second moral menace to life itself and publicity throughout the world Wednesday at 2:35 p.m. in the insanity that produces concerning the issue of Room 19 at the Academy. them or seeks their justificamilitary spending, the arms Everyone interested is tion must end if life is to conrace, nuclear war and the welcome to attend our tinue. concerned students and facul- even if it means violating law. The requirement dience is much more than only a tactic; it illustrates a new approach to conflict. In a society where domination, coercion, dience of this type done open- and exploitation are so ly and nonviolently can benefit ingrained in our mode of democracy by providing an thinking, the openness and reavenue of extreme dissent jection of violence implicit in toward a particular policy civil disobedience serve at while still respecting the least to remind us how human government's legitimacy. even our most despised adverUltimately, the issue is tak- saries are. High Schoolers Cry "No Nukes" Bridget Fitzgerald is in the 12th grade at Mount Mercy Academy in South Buffalo. She attended the Rally Against Nuclear Weapons on June 12, 1982 in New York City. Later she helped form the No Nukes ing responsibility for one's own actions inherit and to discouraging the wasteful and immoral defense spending which prevents the distribution of food to starving children. It started as a classic "supermarket experience" two mothers sharing the overwhelming concern of the nuclear threat and the frustration of believing they could have no influence on the policymakers. But they committed to do what they could. The most difficult of all was coming to grips with feelings of fear which are so much easier to avoid. Feelings are put into action through reading and book discussion, slide presentations, guest speakers and movies which are offered to the public of the Orchard Park area. Members collected hundreds of proxy forms and presented them to our senators and congressmen last month and are actively involved in letter writing and telephone campaigns to stop the build-up and support a long overdue and critically needed nuclear weapons freeze. OPOND is a small but active group of private citizens who wish for a safe world to raise their children. tunity to speak with a senior member of the Reagan Administration responsible for the development of American national security policy. I asked him to explain the Administration's nuclear policies, and in particular why it was opposed to the freeze. I here report his response. "We in the government are greatly alarmed at the current movement for a nuclear freeze, and we feel you need to understand why, far from already having sufficient nuclear forces, the United States must undertake a vast program of nuclear rearmament. First, it is necessary to understand the basic structure of our current strategic posture, which is 'mutual assured destruction.' Lately, critics of mutual assured destruction have become fond of the acronym 'MAD;' for brevity's sake I will adopt this acronym, but of course without the pejorative connotations. MAD was founded in the late 1950's and early 19605; At that time it was decided that we should design a nuclear force that would be capable of deterring any Soviet attack against either Europe or the United States itself so long as Soviet leaders remained even minimally rational. The key assumption of our analysis was that an American force that would kill at least 25% of the Soviet population and destroy 50% of its industrial capacity would meet this criteria. The figures may seem somewhat arbitrary, but they were based on the fact that the Soviet Union in World War II accepted some 20 million deaths arid widespread devastation, yet survived and recovered to become a superpower in rather short order. Computer analysis demonstrated that some 300 U.S. nuclear warheads impacting on Soviet targets would provide the required 'assured destruction.' Of course, this was perhaps a somewhat conservative assessment, since some analyses showed that 300 well-placed warheads would kill one-third of the Soviet population and destroy up to 75% of its industry. Moreover, it must be admitted,. this destruction would result from only the immediate effects of blast, fire, nuclear attack short-term fall out; in reality, of course, there would be considerable bonus damage from the longer-term effects of starvation, disease, exposure, radiation, poisoning, economic breakdown, social disorganiztion, and the like. But MAD strategists rightly ignored these bonus effects, for in calculating the answer to the central problem of deterrence — continued on page 14 �The Navy's View: You Can't Trust the Russians 'A Freeze Threatens Editor'sarticles firstThe Our Nation's Security' and December Note: following appeared in Navy Times, 20,1982, are reprinted in their entiretwo ty by Capt. J.F. Kelly Jr., USN Proponents of a nuclear freeze, flushed with election day successes, are now pondering their next moves. Nearly 30 percent of the nation's electorate in nine states cast ballots on November 2 that contained some form of nuclear freeze initiative. The result was a decisive show of public show of public sentiment favoring a freeze. Less decisive, perhaps, is any notion of what to do about it. by the growing grass-roots support of the freeze movement while still hanging on to some comfortable caveats, such as the need for a mutual verifiable freeze. There's the rub, of course. But "what comes next, now that the voters have spoken? There will be resolutions drafted by state legislatures, meaningless to be sure but useful for letting off steam. The vote will be taken as a mandate by groups who will now demand action of the adIt is easy enough, I suppose, ministration. Exactly what acto generate popular support tion will be unclear, but it most for a freeze. Favoring it is likely will center around some rather like being for "peace" initiative or proposal to the or "justice" or "liberty". It sounds so right that it much be somehow evil to oppose it. It is the sort of cause that cautious politicians hasten to espouse because it is safe. It is a politically risk-free cause because it is so general and broad. One can stand behind its banner and benefit Soviets. The movement will blossom on the campuses and, for sheer emotion, will surpass the zeal and passion of the antiVietnam demonstrations of the late '60s and early '70s. There will be student rallies for an "end to nuclear madness" and there will be teach-ins and vigils by concerned faculty and scientists. Scholars need a political and moral cause to enliven the education process, you know. Their efforts will be fondly viewed by the Soviets who are warm to the idea of a nuclear freeze, but decidedly cool on Reagan proposals Zumwalt: "Freeze Cannot Be Enforced" The opponents of the nuclear freeze fear the prospect of a nuclear holocaust as Nine states took the issue of much as the supporters of the a nuclear freeze directly to the movement do. Their opposipeople during the November tion to the freeze, however, is elections. In all but one state, based on three valid considerathe pro-nuclear freeze position tions. won. There is one major • History has borne out the similarity between those who Soviets' true intentions concersupport the nuclear freeze and ning nuclear buildups. After those who oppose it: They both the Cuban missile crisis seek to prevent nuclear war. brought us to the brink of The difference between the nuclear war, the United States two groups is in the perception imposed a unilateral freeze on its strategic nuclear force of how best to achieve that oblevels to enable the Soviets to jective. The supporters of the catch up. by Elmo Zumwalt and Worth Bagley for phased mutual reductions in nuclear arms levels. And why is Moscow receptive to a freeze and hostile toward a reduction? It is clearly not because of the clamor being raised in the streets by The rationale behind the the Soviet citizenry or a firm nuclear freeze believe the prostand by the Soviet press for an liferation of nuclear weapons freeze was that once the end to the nuclear race. It is can be curtailed by mutual Soviets gained equality in the because of the clear and un- agreement among the various nuclear arena, both sides mistakeable advantage which nations that have the capabiliwould be mutually deterred the Soviets perceive in preserv- ty to develop such weapons. It from striking the other first. ing the status quo. Which, of is difficult to envision how Within the first 10 years of the course, explains their ensuch an agreement can be unilateral freeze in force thusiastic support of the worked out among nations levels, the Soviets achieved American freeze movement. that have been unable to agree equality. They have spent the Indeed, the three greatest gifts on less complex issues. Assum- last 10 years steadily increasto the Soviet Union in recent ing such an agreement could, ing the width of the "window continued on page 6 however, be worked out, it is of vulnerability" that exists tonaive to believe that all day. The Soviets demonstrated signatories of such an agreement would abide by such a their perception that nuclear superiority had shifted in their document. Larry Pressler and Paul Irrefutably, the Soviets have favor in 1973 during the Yom Tsongas. Fight it out in public. manipulated previous Kippur War, when a Soviet Next, let our European delivered to friends know that decoupling agreements entered into with ultimatum was States demanding States to the United the United order in prevention is not a selective curtail U.S. military develop- that we require the Israelis to proposition. We will reamin ment prohibited by the treaty break off their encirclement of closely coupled with them on the Egyptian Third Army or the forces stationed in Europe so in question while clandestinely Soviets would go in whether or continuing to enhance similar long as they remain coupled not the United States sought to capability for military with us in negotiating genuine' fatal flaw of resist. We complied. nuclear arms reduction in themselves. The movement is has borne out the the pro-freeze • History Europe. That means encouragSoviets' true intentions concerthe of it assumes that reins ing us, not harassing us, as we that ning international agreements. are Soviet controlgovernment deal directly with the Russians. ed by men who will honor Evidence is on record as to We do not need bureaucrats isagreements — a dangerous numerous SALT I and SALT II suing statements about "inviolations. Evidence is now beassumption concerning a counterim solutions" that make it ing produced supporting no conpeople whose have try more difficult to get any soluallegations of the use of over who their next leader trol tion at all. Soviet-developed biological be. will Third, redouble our "public As a representative involved and chemical weapons in diplomacy" campaign at home the disarmament talks in southwest Asia, in violation of in and abroad. We are right about Geneva in 1962, one of the the 1925 Geneva Protocol and the zero option; therein lies the authors wa given a firsthand the 1972 Biological Warfare only safety for Europe's gain an insight Convention. The only means of to opportunity population and the test of mindset of Soviet ensuring complete compliance the into Soviet sincerity. The notion the with nuclear limitation treaties point At one that we must negotiate with leaders. to an is by on-site inspections — a listened representative ourselves in the face of verification system which the from Amimpassioned speech stonewalling by the Russians is States has urged, but to United Zorin, who headed bassador self-deafeting; their decouplSoviet Union, since which the delegation, sugthe Soviet ing charade should be dismisslong before Ambassador Zorin, destroy that both sides gesting ed with deserved disdain and all existing nuclear weapons, has adamantly refused to its meaning made clear to but with no inspection of the agree. Europeans who appreciate the A nuclear freeze imposed destruction permitted. presence of U.S. troops. on the United States today by coffee During the ensuing Finally, when the Reagan international agreement would break, the author approached men have finished bickering while he was effectively lock us into a perwith the Congress and have the Ambassador alone with his inter- manently open "window of standing more resolute support in preter and presented him with vulnerability" vis-a-vis the Europe, we should proceed to following hypothetical Soviet Union and therefore to deal only with a serious Soviet the accommodation to continuing Hinder Peace Doves & Soviets: number of missiles on each — side a proposal that the RusEditor's Note: This article, sians have scorned in advance. 3. The doves in Congress are originally appearing in the New York Times, March 21, 1983, weakening the U.S. position in several ways. In the House a by William Safire freeze proposal that would suit the Russians fine is on the LONDON A series of sen- verge of passage. In the sible arms control proposals Senate, soft-liners who cannot made by the Reagan Ad- muster the votes for a freeze to eliminate have substituted an attack on ministration theater nuclear weapons from the President's choice for arms Europe, or to make East and control administrator, AmWest equal is under attack bassador Kenneth Adelman. on three fronts: from the Rus- Not since the rejection of Adsians, from most of our allies miral Louis Straus in the and from doves in the U.S. Eisenhower era has there been Congress. such a mean-spirited senatorial 1. The Russians have put attempt to deny the President missiles in place that imperil the man he chooses to carry every European city as well as out his policy. the 330,000 U.S. troops in But blocking hard-liner Europe. To our plans for restor- Adelman is not enough for the ing equilibrium through the unilateral disarmers (who keep removal of their missiles or the mumbling hawkish words like deployment of our own, they "verifiable" and "mutual" to have put forward a deliberate- conceal their concessions). ly insulting and nonserious pro- They are now going after Gen. posal to count the nuclear Ed Rowney, the profoundly exweapons of the French and the perienced, Russian-speaking as if those weapons negotiator of our strategic British were a counterweight to the re- arms talks. It seems that General Rowney passed on to cent Russian escalation. The purpose of that trick, Ambassador Adelman a point and the reason that not even sheet prepared for him conthe most timorous of the Euro- taining a too-frank evaluation peans will fall for, is that such of the people now in the arms a plan would "decouple" the control agencies; dovish U.S. from European defense. senators are fearful of a American nuclear weapons in housecleaning similar to the NATO must face the weapons "Warnke purge" of 1977, when of the other superpower on an realists were swept out of the equal basis. Either there is to agency by the triumphant be an American theater deter- Carterites. Under this three-pronged rent or there is not; the Soviet from contemptuous attempt to split the alliance is jabbing Russians, hand-wringing NATO a transparent ploy. 2. The Europeans like the bureaucrats and a soft-core what should the U.S. "zero-option" idea and Congress recognize the Soviet counter Reagan Administration do? First, accept the senatorial as a trick. However, instead of demanding that Moscow make challenge for what it is: an ata serious counterproposal, tempt by Democrats to reverse NATO is now suggesting that the 1980 election on the SALT because the Russians won't ac- Issue. Instead of allowing the cept" the zero option, there nominee to be nibbled to must be something wrong with death in cloakrooms, make our offer. So they are pressur- Ken Adelman available for ing us to hurry up with an "in- televised debates with his printerim offer" of a certain cipal tormentors, Senators — — — — — — • response. If there is just more decoupling foolishness, we should deal with that nonresponse. How? By putting in the countervailing force in Europe. By showing we are able to compete in the arms race they have been provoking. By presenting a more united front to the monolith run by Mr. Andropov. When the Russians see no weaknesses to be exploited they will begin to deal with our strengths. Then we cart do talk of freezes with dismantling of weapons. There has never been any other way. business, replacing situation: both sides agreed Soviet expansion. It is imperative that voters all their existing nuclear weapons and did so in casting ballots in the future on good faith. Then, suppose that the question of a nuclear after both sides had destroyed freeze have a firm grasp of all their nuclear weapons, the the sub-issues involved in this Soviet government discovered complex and vitally important that it had inadvertently question. The answer cannot overlooked 100 nuclear simply be based on morality; missiles. What would the the Soviets publicly support morality on nuclear issues Soviet Union then do?" while immorally violating Zorin looked Ambassador around to ensure that no ole agreements. It would be immoral to deny else was listening before pc responded through his inter- modernized forces to the preter. "First," he began, "we United States, which needs would inform you we had them as a deterrent against found them. Then," he con- nuclear war and, persuasively, tinued, "we would deliver our to promote arms limitations. i ultimatum." *jttrf_«<**BiA o(m/m° "Suppose to destroy 4 �„ , r^w»» m,„, WWKW>ll,r ,r ,„,WH , PEACE \fW\E EKI """" """ """""""""""""""" '"* ' ' Saturday May 28 Sunday May 22 WHai aWHwaiaag Mwawww — ******** I'"*1 11 1 8 ■ ■ Sponsored by The Interfaith Peace Coalition of Buffalo Area Metropolitan Ministries ... ... .,,i CMKin.v u SUNDAY, MAY 22 . im ~,,„, FEMA FfMA pronm 12-2 p.m. cS.mulated regarding emergency shelter, in event of nuclear attack P/ace. Monroe St Bflo. Sponsor Erie County Freeze CoahUon. With of City of Bflo. Common Council. cedure. endorsemen, 3-5 p.m. PEACE JUBILEE, Festival of performing and visual arts, exploring "SHALOM"- our common unity in peace. Place: Erie Community College-Downtown Campus. 121 Ellicott St.. Bflo. For info: the Rev. Richard Hemann. 30 Erie Aye.. Cowanda, NY 14070. Sponsor: Peace Education Year-Two Committee . W-DN.SDAY, MAY 2S 6 p.m. Film Festival. For educators, parents and others concerned for peace. Place: Mt. St. Jos Academy Sponsor Educators for Soc.al Nuc|ear Disarmament Seminar. Place. St. Mark's Lutheran CHurch (LCA) 576 r>| aware Rd., Kenmore. Sponsor. Cran-Ken-Ton Cluster «.~»«» of the Lutheran Church. 7;30 Respons.b.l.ty. . 7:IS p m Examining the Nuclear Issue: C.t.zen Education Workshop. SponP/ace. Mt. St. Jos. sors. Women's Act.on for Nuclear (WAND). Assn. .. . Disarmament (ftSS _'JeT ISt • __ . " - „< _~ R „ COAIT PF ACF MAY » „ ' Lod „ p eace (contd): Education; speaker: representative f rom European Peace Movement. Place: „ „. Anthony's Roman Bf(Q Spo so St «- for Justice/WNY Peace Center. „ ,^, '7."i PrtJ, IZI * m.nn P m "«,,„;„„ Peare" h, Pr v r V,gll N>*ht lc ,°md): A ki j P/ace: To be announced Sponsors: Center for J«U«/WNY Pea ce "- . , MAY28 , . .. SATURDAY, . _-.■_■-._■.- ■■ °" Loca| Justice/WNY Peace „. °" Jobs ;, , RAL j LV. Music, speakers, festivities and the finale of Peace Week. RALLY place: Coyer Field, Bflo. State Univ. College, Bflo. (entrance, exit via Crant St) Sponsor: the MAY 28 COMMITTEE ™<-LV LUMMI RALLY Qr |nc£)me Now (JO|N) USWA Loca| 593 WNy Coa|it on for Jobs; WNY WNY Reace Cent£ Unemployed Network, and Arthur Waskow. Place: To be Sponsor, the Jewish STFndtn P m Economic C versi workshop. Leader: Richard Greenwood Asst to Pres Wm W Win" pisinger. lAMAW. Place: to be announced. Sponsors: CSEA, REgion 125 ment Debate with Dr. rw.n Cotler re 1 Center for ter. Cen .cm. Catho|jc ch[jrch » SDAV MAY ' Son'Sf EST T,me To Be Announced. Disarma- o " Williamsville. 'mvr P/Tr STW? s E TS P P' sc,°P al C f' ,' ff ?„ 530 Colvm reace nignms. ™U - Stopp4:0o p.m. "Waging Peace ing New Nuclear Weapons": Picket. Place: Federal Bldg.. Bflo. Sponsors: , Usf £ dem/c discussion Ptoce: the WORLD PEACE CFI FRRATION Soea/cer the Rev Pres Union . r-i. „v p . 7:30 p m Two Training Seminars on Peacemaking. For pastors and churches. 1) Ist, Steps for beginners: film. War Without Winners. 2) "2nd Steps for teams: with case-studies i ,' , Meeting House, Sponsor-WAND. Church Women United, Emma Bookstore, League of Women voters. Lutheran Church Women, YWCA of Bflo & Erie Cnty. and others D . d Academy Anjer the Nat,vuy (UCQ P L . TU-SDAY, MAY 24 / r for i thropies. 1 MOVIE I I MOVIE Graduate History The Opinion Association presents presents . .. .Anti-Censorship x ~ Film Festival IF YOU LOVE THIS PLANET Academy Award winning Documentary labelled 'propaganda' by the U.S. Justice Department 7:00 p.m. TODAY NORTON-WOLDMAN THEATER . A Film About Military po| & Nu|eaf Waf II II II I I WAR GAMES Banned by BBC Television Showing Tomorrow at 1:00 p.m. and 5:30 p.m. , O'BRIAN HALL ROOM 108 I I ™ Opinion 5 April 20, 1983 f.f'lT W '•■•A �Religious Coalition Laments Militarization of America by Clergy And Laity Concerned Editor's Note: Clergy and Laity Concerned is a New York Citybased organizations whose work is devoted to peace and economic justice. For further information, write to CALC, 198 Broadway, N.Y., N.Y. 10038. Without a bullet having been fired, without a bomb having been dropped, without a missile having been launched it can truthfully be said that the arms race is already killing us. This year the nations of the earth will spend about 550 billion dollars for military purposes. Even if the tens of thousands of weapons produced are left on the shelf to gather dust there can be no doubt that the arms race will continue to exact a terrible toll. Millions upon millions would die with the launching of just a few of the over 50,000 warheads that now exist on the planet. Some say that the human race has been lucky to avoid such a conflagration, but those living in poverty with acute needs can honestly claim that the conflagration has already come and that it has been devastating. On what basis can we claim that the arms race is already killing people? It is for the simple reason that every weapon of war that is produced, even if never used, means that there will be less food on the table, less available shelter, fewer jobs for the unemployed, and Jess health care to go around.. a strong foundation of faith in Cod and the acts of justice which must reflect that faith. Those who would shift the wealth of society away from human needs are repeating the same errors that Amos so vehemently condemned. Let there be no mistake! A nation that endlessly chooses to sacrifice human security in a fruitless quest for military superiority is on the verge of idolatry. Theft From the Poor Dwight D. Eisenhower bluntly described the tragic tradeoff- of bread for. bombs as theft: Every gun that is made, every warship launched, every rocket fired, signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and not clothed. This world in arms in not spending money alone; it is spending the sweat of its laborers, the genius of its scientists, the hopes of its children. If only Eisenhower and his successors had taken a stand on such a principle! Sadly, his words of warning * to the American people have fallen on deaf ears. In spite of the fact that the United States is the mightiest military power in history, 25 million Americans are malnourished today and ten million children have never seen a doctor. The plight ofthe less-developed nations is much more serious and getting Even preparing for war results worse. uncounted human in Meanwhile, the Pentagon is casualties. making plans for a whole new generation of nuclear, Robbery and Violence chemical and conventional That military escalation and weapons, the cost of which poverty are closely related to will be covered by a further one another, is not a new con- shifting of funds from human cept. The prophets of ancient needs programs to the military. Israel, for example, upon seeng Adding insult to the injury is the terrible impact of prepara- the sad fact that military spentions for war in the lives of the ding leads to more unemploypoor, cried out again and again ment and inflation than any against these same twisted other kind of government expriorities. penditure. Some benefit, parListen to the deep sense of ticularly large defense contracdivine outrage captured in the tors, but most of us do not. The Reagan Administration prophetic words of Amos: "Assemble yourselves upon has declared an open season the mountains of Samaria, and on welfare, social security, see the great tumults within food stamps, and other forms her, and see the oppressions in of public assistance, but the her midst. They do not know price tags on the MX Missile, how to do right," says the Lord, B-1 Bomber and other new lUihose who store up violence multi-million dollar weapon and robbery in their systems are considered too sacred to tamper with. About strongholds." (Amos 3:9-10) Amos announced that in $40 billion will be cut from this choosing to place their trust in year's social services budget. chariots and strongholds And this is only the beginning, Israel's rulers had turned away for an additional $75 billion in from Cod. That many people cuts is planned by 1984. On the had to suffer so more for- other hand, Reagan wants to tresses could be built was the increase the military budget by most glaring evidence of an average of 9.2% over inflaidolatry that there could be. tion in every year until 1986. It He did not mince his words: is becoming evident to more For I know how many are and more people that the your transgressions, and how budget cuts of the New great are your sins you who af- Federalism are just a flict the righteous, and take a smokescreen for what might bribe, and turn aside the needy be more accurately described as the New Militarism. in the gate. (Amos 5:12) A nation built upon a foundation of injustice could not Spiritual Death or Human long sustain itself, even with Security? the mightiest weapons of war. Fifteen years ago, during the Israel, declared Amos, had lost height of the Vietnam War, faith in the saving power fo Martin Luther King, Jr. spoke out against the idolatrous Cod. What was obvious to Amos mindset of Pentagon experts is no less compelling today. who could only understand True security must be based on "security" in terms of military strength, leaving out the most important dimension, the human cost of it all. The security we profess to seek in foreign adventures we wil lose in bur decaying cities. The bombs in Vietnam explode at home, they destroy the hopes and possibilities for a decent America... A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death. The United States may be strong, but what is the point of it if the country is rotting from within? Unless the Congress can muster a fight, Reagan plans to spend, over the next five years, 1.5 trillion dollars on the military. This is a mindboggling sum that perhaps only the poorest can fully appreciate, for it is they who will feel its impact the most. It is the poor people at the bottom of the economic ladder, especially Blacks, Hispanics, Native Americans, and other minority groups, who will have The U.B. Campus after a nuclear holocaust: The Buffalo Model Survives. The Last "Just" War by Ken Brown forbidden to open their bays over factories or military inEditor's Note: Ken Brown is stallations. The Allies comdirector of the peace studies menced to destroy systemprogram at Manchester College atically Germany's forty-three in North Manchester, Indiana, major cities. and a member of the Just-war convention held Fellowship of Reconcilation's that noncombatants should be national council. This article is spared whenever possible — repr'mted from The Progressive, never intentionally killed. August 1982. Churchill justified terror bombing, nevertheless, as a emergency" Few Americans know that "supreme the Allies, and not Hitler, in- measure because Western troduced terror bombing in Civilization itself was at stake. World War 11. Many of us grew The evil of Nazism had to be to live with the closed down up remembering Rotterdam, defeated by any means schools and hospitals, Warsaw, Conventry, and Lon- necessary. unemployment, abandoned don when thinking of that terriWorld War li remains in the buildings, drug and alcohol ble time. These Luftwaffe air public mind as an unparalleled abuse, and crime. raids, however, were either tac- example of a just war; one in When we examine Reagan's tical support or strategic bom- which regrettable but plans for increased military bings. The attack on Rotter- necessary means were taken to spending from the perspective dam was a mistake; the Dutch bring an immeasureable evil, to of the poor and powerless we had already surrendered, and an end. We had to kill incan only conclude, as Pope German pilots, hampered by nocents to stop the killing of Paul did in 1976, that military primitive communications innocents. Michael Walzer of build-up "is an act of aggressystems, missed frantic signals Harvard, in his book, fust and sion which amounts to a crime, for even when they are not used, by their cost alone, armaments kill the poor by causing them to starve." In any attempt to measure the arms race this is the bottom line: death by deprivation is surely as heinous as death by force of arms. The Things That Make for Peace Jesus described our current plight so well when he'looked out over Jerusalem and said, "Would that even today you knew the things that make for to scrub the mission. Similarly, the first bombing of London was a tactical error. Precision bombing was impossible in the early years of the war, and the Luftwaffe, aiming at military installations in greater London, accidentally hit the city itself on August 24, 1940. Nuclear strategists should that obliteration bombing note in World War II was born of ac- cident and miscalculation. Churchill responded to the accidental bombings of London by ordering reprisal raids on Berlin the following week. Hitler, outraged, ordered peace! But now they are hid reprisals to the reprisals, from your eyes." (Luke 19:41-2) although he still hoped for a The city that Jesus wept for is negotiated peace with the our city, town or village, a British. The terror bombing of cherished place that now faces noncombatant civilians, in a double threat: destruction by violation of the conventions of nuclear war or destruction by warfare, set in motion a proeconomic strangulation. We cess that culminated in the inknow that God yearns for cinerations of Dresden, Tokyo, justice and peace in this world, Hiroshima, and Nagasaki. but it is difficult to know Scholars have debated the where to begin when we find Allied decision deliberately to ourselves confronted by such bomb civilian rather than overwhelming circumstances. military targets. The British, We must draw on our heritage, having been driven from the in times such as these, and Continent, had no other offenremember the people of faith sive weapons with which to who have preceded us; people carry the attack to the Gerwho learned to look, against mans. "The bombers alone," impossible odds, for the light Churchill said in 1940, "proof hope in the darkness. vide the means of victory." On the very borders of the Precision bombing was out of promised land Moses had to the question, however; only exhort his people to choose one-third of all bombs dropped life rather than death, that were falling within five miles they and their children might of their targets, and the wrong live. Although they often fell cities were even being hit. short, the nation of Israel did The Royal Air Force could choose life with God over not hope to hit military targets idolatry. This is a choice that with anything like accuracy, so every generation must make. it readily accepted the Those who choose to live by arguments of strategists who the sword may ver well die by thought that Britain could the sword, taking many others defeat Germany by destroying with them. Those who choose the morale of the people. By continued on page 11 1942, RAF crews were actually Unjust Wars, takes this view. Walzer believes that Nazi victory was so much a possibility in the first years of the war that violation of funamental human rights was justified. Temporarily, it was necessary to kill innocent people to defeat Nazism, "evil objectified. ..in a form so potent and apparent that there could never have been anything to do but fight against it." Volumes have been written to describe the incomprehensible horrors of the Third Reich. The importance of shutting down the death camps of Hitler's "Final Solution" canbe overestimated, not although it should be pointed out that the war was not fought to save the Jews and other political victims but to halt German expansionism. Yet practically no attention has been given to the moral and spiritual costs of fighting Hitler as we did. In what sense did fascism, crushed in Germany, manifest itself, Phoenixlike, in the soul of the victors because we-fought "fire with fire?" The legacy for the United States is tragic: a permanently militarized conception of national security; agencies of covert action and undemocratic secrecy, prone to violations of individual rights and police-state tactics incompatible with democracy; a huge, inefficient bureaucracy; militarization of foreign policy; redirection of from away resources humanitarian ends; and the creation of a large, permanent standing army, staffed, if necessary, through involuntary servitude. Further, willingness to bomb innocent populations, born as an emergency tactic in continued on page IS ~, I '"- . •• '-<• April 20,1983 ! ■ Opinion ■* ■ '* 6 . �Use Of Nuclear Weapons continued from page 1 The declaration embodies the twin ground rules of the laws of war, that "the right to adopt means of injuring the enemy is not unlimited" and that "the only legitimate object which States should endeavor to ac- complish during war is to weaken the military forces of the enemy." Following logically from the requirement that weapons must be used selectively and only against military targets is the commitment to protect civilians. The concept that "the civilian population never can be regarded as a military object" is "the very basis of the whole law of war." Since nuclear warheads cannot differentiate between military and non-military targets, the fundamental distinction between combatant and non- combatant becomes meaningless. A basic source of the laws of war are the Hague Conventions of 1907, particularly the regulations embodied in Hague Convention IV. These regulations are recognized as "the foundation stones of the modern law of armed conflict." A fundamental tenet of thse regulations is the prohibition of weapons and tactics that cause wanton or indiscriminate destrucsion. The universally accepted Geneva Conventions of 1949 updated and strengthened the 1907 regulations by reaffirming the distinction between combatant and noncombatant. In particular, the Convention on "The Protection of Civilian Persons in Time of War" imposes additional detailed obligations on all belligerents to ensure the essential requirements for the health, safety and sustenance of the civilian population. Given the evidence developed by physicians and scientists as to the medical and environmental consequences of nuclear weapons, it is clear that under the condition sof Violates Int'l Law groups in other professions. In ddition, lawyers can become involved selectively in litigaespecially must be supported, in the present setting, in which tion that raises the illegality of the risks to human survival are nuclear weapons as a defense. The Lawyers Committee on so great. Furthermore, nuclear Nuclear Policy has established a speakers' bureau whose against an enemy's strategic weapons not only are incommembers lecture at univerwith the fundamentla forces, the nuclear anihilation patible and extermination of the rules of international law and sities around the country, and civilian population would be prevailing morality, but also it is cosponsoring a conference inevitable. As the experiences the development, possession on international law and of Hiroshima and Nagasaki and depjoyment of nuclear nuclear weapons that will take amply demonstrate, the weapons subvert the traditions place this June in Geneva, awesome effects of nuclear and structure of democratic Switzerland. The committee weapons cannot be limited to society. When the essential also has launched an outreach military targets. Consequently, foundation for our security campaign to provide informathe use of nuclear weapons rests upon a logic that has the tion to lawyers interested in would result in the commission potential for destroying our becoming active in the fight of war crimes on an enormous population, democracy no against nuclear weapons. Reducing the likelihood of scale. To assume the legality longer exists. The discretion to of a weapon expressly design- launch a nuclear war gives our nuclear war obviously must be ed to terrorize and to destroy political leaders a control over the highest priority of our proan entire civilian population human destiny that no tyrant fession. The demand for an efever fective international legal however despotic would make meaningless the entire effort to limit combat has claimed. In short, the very structure no longer seems quixit is an absolute renature of nuclear war destroys otic through the laws of war. law of the values the quirement for global survival. that Global "survivability" is so all There can be no more apelemental that a prohibition obligates us to preserve. Lawyers can help convey to propriate goal for the internaagainst nuclear weapons reasonably can be inferred the public a persuasive legal tional legal community than to from the existing laws of war. argument against nuclear prevent the arbitrary To conclude differently would weapons by organizing of nuclear weapons. Were the American legal community to be to ignore the barbaric meetings, seminars and symcharacter of the use of nuclear posia, by publishing articles in fail to confront this issue, it ewapons. As the laws of war newspapers and journals of would forfeit a historic opporembody the minimum legal and general interest, by tunity to help build a healthy, demands of decency, exemp- cosponsoring programs with democratic and peaceful ting nuclear weapons from professional and scholarly society. and by that body of laws would be organizations abandoning even this cooperating with like-minded nuclear war, it would be imIt is clear that the use of possible to satisfy the re- nuclear weapons in populated quirements of the Geneva Conareas would result in the inventions, just as it would not discriminate and massive be feasible to live up to the slaughter of civilians. dictates of the Hague Conven- Moreover, even if nuclear tions both of which are in- weapons were used only — tended to ensure the survival of all societies involved in armed conflict. Furthermore, restraints on the conduct of hostilities traditionally are not limited to those given explicit voice in specific treaty stipulations. Since war technology is evolving and changing continuously, the 1907 Hague Conventions regulations also contain a general rule, known as the Martens Clause, intended for application in those situations in which no specific treaty rule exists to prohibit a new type of weapon or tactic. In such cases, the rule states: "The inhabitants and the belligerents remain under the protection and the rule of the principles of the laws of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of public conscience." Hence, the Martens Clause makes it obligatory that the principles of humanity and the dictates of public conscience prevail, even if no treaty has been drafted specifically to prohibit a new weapon. On the basis of the unques-' tioned principles of international law enumerated here, the United Nations repeatedly has condemned the use of nuclear weapons as an "international crime." In 1961, the General Assembly declared in Resolution 1653 (VI) that "any State using nuclear or thermonuclear weapons is to be considered as violating the Charter of the United Nations, as acting contrary to the law of humanity, and as committing a crime against mankind and civilization." That resolution subsequently was reaffirmed in 1978 and 1980. minimum standard. As fragile as the laws of war may be, they — — ABA Vote Calls For "Serious" Talks Between US/USSR came after the group spent nearly four hours debating some of the rules, which have stirred a bitter fight among various factions. ther spread of nuclear The cautiously worded weapons. by Steven Pressman nuclear arms resolution stopThe House of ABA Special to The Washington Post ped endorsing a freeze Delegates, meeting here for or short of unilateral reducation. the bar's annual convention, SAN FRANCISCO, Aug. 10 also voted early this evening to Nonetheless, the measure placthe 280,000-member ABA — The American Bar Associa- put off until February a deci- ed On record for the first time in tion added its voice to the sion on a controversial set of nuclear arms debate today by lawyer ethics rules. That vote support of steps to contain the spread of nuclear weapons. Editor's note: The following article appeared in The Washington Post on Wednesday, August 11, 1982. calling on the United States and other countries to pursue "serious and sustained negotiation" and to prevent the fur- Navy Officer: "Freeze Threatens Security" continued from page 3 times have oeen American church-state relations in this technology, American grain country, could divide millions and now the American nuclear of Catholics and cause agonizing personal and moral confreeze movement. To be sure, most intelligent flicts among Catholic serAmericans make it clear that vicemen, forcing many of checks adequate and them, perhaps, to choose betsafeguards are an important ween support of their religious condition of their proposal. clergy and support of their naBut caution and patience are tional leaders. not characteristic traits of Instead of abhorring all war emotional causes such as and violence, the bishops have these. Political victories are, focused upon one method of no matter how damaging they killing as presumably less may be to U.S. security in- "moral" than other methods. terests. Initial referendum vic- What gives American bishops tories brought the scent of this particular insight? Will blood and only dramatic con- they be joined in this view by quests now will satisfy their the Catholic bishops of Europe unleashed emotion. Increas- who live closer to the shadow ingly, the call for American of nuclear destruction? How gestures of good faith in the about the Catholic bishops in form of limited, unilateral the communist bloc? Willthey, disarmament and renunciation too, denounce the first use of of nuclear employment op- nuclear weapons as immoral? tions will be heard. Would such a pronounceIndeed, they are already be- ment by their excellencies in ing heard. Roman Catholic America mean that our use of bishops in America are the bomb in Hiroshima and deliberating a "position" in a Nagasaki was immoral even draft pastoral letter that would though it saved thousands of brand first use of nuclear American lives? How about the weapons, presumably in- morality of biological or cluding tactical and theatre chemical warfare? Is good, - nuclear weapons, as immoral. clean, ordinary killing and Such a position, un- maiming with "conventional" precedented in the history of weapons stiH okay? Do_the OpwMtt 7 Apnijap, .1983 , — One provision has been interpreted as a slap at the administration Reagan gentle bishops understand that "How much will the move- because it calls on countries to the Soviets possess an overment ultimately harm the na"avoid conduct and rhetoric whelming conventional advantional security?" that invite nuclear confrontatage and that they could, if Navy Secretary Lehman said tion and obscure their mutual they chose, bully much of the earlier this year, "We may interests reducing the risk of in rest of the world endlessly if wake up one morning and find nuclear war." they believed that we would we have lost a war of proSome lawyers have warned never use nuclear weapons expaganda against a strong that statements by some adcept in reaction to their first American defense, a war of ministration officials have use which then would be unideas put forward by a zealous, done little to reduce the risk of necessary? uninformed and unrepresen- nuclear war. Have they forgotten who the tative minority in the name of Although the resolution other guys are? They're the valid religious values, invalidly passed easily on a voice vote, godless ones, remember? The applied." Appropriate words, critics said the issue should ones who reportedly believe still, but the minority appears have been left to defense exthat religion is the opiate of now to, have become a major- perts rather than lawyers. Joe the people. The ones who keep ity and they are claiming to Stamper of Antler, Okla., said religion under house arrest in have religion on their side. Oh, the measure called on the the jolly old USSR. well, they won the ballot proUnited States to "unilaterally I, along with many other positions and that's democradisarm." Catholic service people, feel cy in action. No sour grapes Coming after only a short compelled to wonder why first now. debate, the ABA's vote marked use of nuclear wapons is only But if thinking about this a victory for the Lawyers just now being declared imtends to disturb your sleep at Alliance for Nuclear Arms Conmoral. Could it be part of the night, it's probably because trol, a group general peace movement now you understand the problem. seeking Boston-based a freeze on nuclear sweeping the land and becomThe nuclear deterrence that's weapons. ing so fashionable a cause? kept us safe for 35 years may "The ABA's position is With women's rights groups, be in danger of losing its tremendously significant minority rights groups, credibility. because it brings into the religious groups, liberal politiWhen you next write to your mainstream of the legal profescians and educators increascongressman, you might try sion an issue which for the last joining it ingly the bandwagon, a dropping line to your bishop 37 years has been outside the is ho longer a question of minds of most people, inwhether or not the movement as well. Ask him if*it's morally cluding lawyers," said Alan acceptable to increase the risk Sherr, a will cause the. administration Boston lawyer and to react, The question is now. of war in this way. president of the alliance. �{__**& \ Are The Russians Coming? jr j__^' mktm.i_,Wk- Editor's note: This article was "This endless series of published in the January, 1983 distortions... this routine exaggeration of Moscow's edition of Economic Notes. military capabilities and of the Former U.S. Ambassador to supposed iniquity of Soviet inMoscow, George F. Kennan tention; this monotonous stated, "I find the view of the misrepresentation of the Soviet Union that prevails to- nature and attitudes of day in large portions of our another great people... are governmental and journalistic not the marks of maturity and establishments.. .is so far discrimination " (George F. removed from what sober Kennan, Soviet-American Relascrutiny of external reality tions, 1982) would reveal...that it's not on ly ineffective but dangerous as I. Historical Background a guide to political action. The "endless series of distortions" to which Kennan refers stem from the basic differences between capitalism and socialism. Since the birth of the Soviet Union in 1917, is often attributed to the United States government Cuban missile crisis, but in fact policy, with a few historical exKhrushchev's creditable disar- ceptions, has been generally hostile. Political leaders in mament initiative was undermined much earlier by Washington have encouraged America's reluctance to stop Americans to fear and distrust the periodic surveillance of the Russians and the concept Soviet territory by American of socialism. Over the past 65 years, U.S. spy planes. Many people in the West, and even more in the government policy towards the U.S.S.R., remember the Soviet Union has changed dramatic shooting down of the course a number of times. At U-2 piloted by Francis Gary the beginning, in 1918, the U.S. Powers in 1960, as well as joined 14other countries in an Khrushchev's subsequent and attempt to topple the newly skillful exposure of Dwight formed Soviet government by Eisenhower as a liar. But invasion and blockade. It then neither Khrushchev nor the took 15 years more before the U.S. sources ever described the U.S. established diplomatic U-2 affair as it really was. For relations withe the USSR. From 1933 until World War the Soviet leadership it would have been an embarrassment 11, trade existed side by side to acknowledge that it had with an uneasy policy relationbeen completely helpless for ship. During World War 11, the years to prevent overflights at 70,000 feet of its largest in- U.S. was an ally of the Soviet dustrial centers by American Union. It was a period of planes; while the U.S. govern- cooperation. Fascism was ment obviously wanted0 to defeated. . Mb /___ A Nuclear Samizdat: Cold War Offensive Fueled by U.S. that of the Soviet perceptions aggressive intentions of the United States began to take shape. Despite the military by Roy A. Medvedev and Zhores A. Medvedev Editor's Note: The following article is excerpted from "A reductions undertaken no Nuclear Samizdat on America's doubt reluctantly by Stalin, Arms Race." The Nation Jan. the United States made no ef16, 1982. fort to construct a durable ' peace. Despite the absence of Power The Strategic Balance of To what extent was the cold a single other nuclear power in war also a response to a real the world, the United States military threat to American accelerated the development capitalism from the Red Army? of its atomic arsenal and the Indisputably, the Soviet forces fleet of special bombers that that greeted the American and allowed it to strike anywhere Nobody tried to British troops on the Elbe and in the U.S.S.R.American threat: conceal the the Danube constituted the Pentagon generals spoke freely strongest land army in world country's of their nuclear history. Despite the Soviet supremacy and the coming of Union's immense wartime "American losses, it possessed in 1945 an whatLife called the Meanwhile, the war Century." army of 300 divisions, well countries had devastated the equipped with modern weapons and highly mobile of Western Europe and the Mediterranean basin, which tank corps. Soviet analysts desperately needed American corroborated by not a few emi- — — nent Western historians — — economic aid, and they opened their doors to the creation of U.S. air bases encircling the Soviet Union. Eventually this ring of bases extended from Iceland, Britain, France, Italy, Greece and Turkey to Japan have generally viewed the American decision to destroy Hiroshima and Nagasaki with atomic bombs in August 1945, at a moment when the surrender of Japan was already and Alaska. Before the U.S.S.R. imminent, as a demonstration produce even one of force primarily designed to was able to thermonuclear primitive intimidate the U.S.S.R. Most device, the United States discussions of the formidable possessed hundreds. And military power of the Soviet what so often forgotten state at the end of World War even is the Soviet bomb after II neglect, moreover, an exthe Americans developed, was extremely salient fact: despite to retain their continued tensive modernization of its of delivery systems. armed forces in the course of monopoly was, There in fact, no Soviet the war, the one kind of con- nuclear threat to the United never ventional weapon that in the early 19505, since received priority was the long- States the U.S.S.R. did not have a range bomber. The Soviet air single that could cross bomber force was certainly well equip- the ocean. The strategic new ped with many types of dominance of the United fighters and special short- States was complete, and durrange bombers to support time (and only during ing this ground combat, but it lacked this time), there was a crash strategic bombers and, indeed, program of building special never attempted to carry out atomic shelters near the massive raids on German cities government buildings and big and industrial centers. The apartment blocks of Moscow capability to conduct longa clear inand other cities range strategic bombing was a Soviet apprehension. dex of wartime monopoly of the Even after the testing of the United States and Britain. first Soviet intercontinental When this advantage was com- missiles in 1957 (Korolev's — — — bined with the exclusive "semerka"), the fundamental strategic equation remained basically unchanged. Despite the impression given by the launching of the first Sputnik, the early Soviet ICBMs were unreliable, a handful in cold war should be obvious. highly number and no serious match U.S. superiority was further for the American B-525. enhanced when the U.S.S.R., faced with the enormous task The Legacy-of the U-2 Affair It was in the context of this of reconstruction, demobilized the bulk of the Red Army and continuing strategic imbalance significantly reduced its (in America's favor) that -military presence in Europe Khrushchev launched his during the same period. policy of peaceful coexistence It was during this phase of and the search for atomic test American nuclear monopoly bans. The failure of this policy possession of atomic weapons (and the proven will to use them), the military superiority the Truman Administration enjoyed over the U.S.S.R. from 1945-49 the beginning of the —— minimize the political damage done by the revelation of its previous falsehoods and their disgraceful ending. In fact, the American decision to overfly Soviet territory had been made during Stalin's lifetime, and not just for purposes of military espionage, but for political intimidation. The Soviet government did not publicly denounce these flights at the time but made confidential protests which were dismissed by Washington. As Khrushchev later remarked in his autobiography: "The Americans knew perfectly well that they were in the wrong. They knew they were causing us terrible headaches whenever one of these plans took off on a mission... We were stick and tired... of being subjected to these indignities. They were making these flights to show up our impotence. Well, we weren't impotent any longer." Moreover, for special effect the dates of these overflights were often selected to coincide with Soviet national celebrations and parades. The U-2 that was finally shot down with the first proper Soviet antiaircraft missiles was engaged in an overflight of the May Day parade in Red Square. It took off from Peshawar in Pakistan, crossed Afghanistan and flew over the Urals, en route for Leningrad and a landing again at a U.S. base in Norway. It was brought down near the industrial center of Sverdlovsk. Khrushchev seems to have expected some sort of apology from Eisenhower for the Powers flight. He had himself continued on page 12 Return of Cold War Soon the cold war began. Abroad, more countries turned toward socialism. At home, a virulent McCarthyisrp form of anti-communism contributed to the passage of the Taft-Hartley and Smith — — NUCLEAR SAMIZDAT* sa-mb-dal ('state,-*.) n. (Ruts, fr. • Sam self + cgdtJd'rtvo publisher): Acts. Ostensibly aimed at subversion, these laws actually served to stiflethe labor movement and most independent thought. In the late sixties, there began a decade of detente, again based on mutual advantage. The two nations agreed to some nuclear weapons control, including Salt I. The U.S. and the USSR benefitted by trade accords, scientific cooperation and cultural exchanges. Now the U.S. government is once again resuming a cold war. Again it voices the claim that "the Russians are coming." It has red-baited the nuclear freeze movement by claiming it is Soviet inspired. The President plays a major role in this deception. This tactic follows the familiar pattern of red-baiting unions, labor leaders and the rank-and-file who play the most militant roles in labor struggles. Can We Trust the Russians? It is against this inconsistent history that the question of trusting the Russians must be addressed. The real issue should be not trust, but the of co-existence. The U.S. has signed a number of arms pacts with the Soviet Union. No serious viola- necessity tions of the signed treaties have been claimed either by the U.S. or by the Soviet Union. Moscow has complied with the Salt I agreement and has kept to the terms of Salt II despite the failure of the U.S. Senate to ratify it. the most significant treaties 1959 1963 1963 — The Antarctic Treaty banned nuclear weapons in the Antarctic. "Hot Line" Agreement established a direct communitation link between Washington and Moscow. Limited Test Ban Treaty banned nuclear weapon tests in the at- — — in outer space and under water. mosphere, 1967 Russian argot for the underground publication and circulation of material thatis thought to be at odds with official wisdom. — Outer Space Treaty banned weapons of mass destruction from outer space. continued on page 12 Fall Course Offering: PSC643 Cross-listed with the Law School Friday, 12:30 3:00 p.m. Professor Jerome Slater with two seminars by Professor Terry Nardin both of the Political Science Dept. - FORCE AND INTERNATIONAL SECURITY The central theme of the seminar will be the sudy of the nature and causes of war, and how war can be eliminated or controlled. The analysis will focus not only on problems of war, order, and security in the international system, but also on the role of international law and moral judgement on the control of war. April 20, 1983 Opinio* 8 �Proposed Mutual Nuclear Weapons Freeze: oy Michael li. Mercado '84 SUNY Buffalo Mcd School Physicians for Social Responsibility of Western New York The States United pledges... its determination to help solve the fearful atomic dilemma to devote its entire heart and mind to find the way by which the miraculous inventiveness of man shall not be — dedicated to his death, but consecrated to his life. Dwight D. Eisenhower To improve national and international security, the United States and the Soviet Union should stop the arms race. nuclear Specifically, they should adopt a mutual freeze on the testing, production and deployment of nuclear aircraft weapons and designed primarily to deliver nuclear weapons. essential, This is an verifiable first step toward lessening the risk of nuclear war and reducing the nuclear arsenals. The above paragraph is the beginning statement of the "Proposal For a Mutual U.S.-U.S.S.R. Nuclear Weapons Freeze," written just over two years ago by Randall Forsberg, a defense analyst, arms control activist and a former editor of the Stockholm Institute. After gaining significant support in the state of Massachusetts, the proposal has attracted millions of American supporters, from hundreds of diversified organizations and all sectors of American society. Now, the proposal is in the U.S. Congress as the MarkeyConte resolution in the House of Representatives, and the Kennedy-Hatfield resolution in the Senate. But the growing support for a U.S.-U.S.S.R. nuclear arms freeze is being challenged by the Reagan administration through the Strategic Arms Reduction Talks (START), the JacksonWarner resolution in the Senate, and the Carney resolution in the House of Representatives. In these arms control talks and resolutions, a nuclear arms "freeze" consists of a proposal by the U.S. Government to the Soviet Union for a "long term, mutual and verifiable nuclear freeze at equal and sharply reduced levels of forces." But these have been disclaimed by Kennedy, Hatfield, Markey and Conte as doubletalk, since had so few nuclear weapons at that time compared to the U.S., they could not make a significant counterattack. In 1961 the U.S. began to worry that its vast superiority of nuclear weapons was in danger because of a Soviet weapons build-up, and proand then freeze and reduce ceeded to build-up its nuclear them at a later time. But such forces, including the construcan additional build-up of the tion of 1,000 Minuteman arms race will allow the proICBM's (Intercontinental duction of more destructive, Ballistic Missiles) to offset the and projected "missile gap" causless verifiable ed by a supposedly large scale technologically more advanced weapons by both countries, Soviet production of ICBMs. raising the chance even more Even after the U.S. Governthat a nuclear war, either by ment learned from its Inaccident or military design, telligence that the Soviets had built only 4 ICBMs, production will occur. Why is the administration of the remaining Minuteman opposed to a bilateral nuclear missiles was completed arms freeze at this time? The anyway. Thus, the "missile answer to this is somewhat gap," which touted a Russian complex, and to fully under- superiority in ICBMs was stand the present situation nothing more than a hoax, regarding the nuclear arms played upon the American people. race, some history, the institutions involved and the governThe 1962 Cuban missile ment's role in it can help to crisis, where the U.S. had placed nuclear missiles in Turkey answer this question. In 1945 America won the which threatened the U.S.S.R., world's first nuclear war resulted in Russia's covert against Japan by its highly conplacement of missiles in Cuba. troversial bombings of This incident was the closest to Hiroshima and Nagasaki, nuclear war that the U.S. and which killed over 200,000 the U.S.S.R. had ever been. Japanese people, where 90% Kennedy demanded that were civilians! Beginning at Khruschev get his missiles out this time, the U.S. began to of Cuba, and backed up the debuild a formidable nuclear mand by putting American arsenal, which was superior to military forces on alert, Russia's conventional forces creating a stalemate, while the and the nuclear weapons that threat of nuclear war loomed they would start to develop a over the two countries. After few years later. In fact, so days of confrontation, careful superior was the U.S. nuclear negotiations were completed weapon stock that the U.S. and the Soviet Union removed used this advantage on its missiles from Cuba, and its numerous occasions since later the U.S. Hiroshima. "Every president missiles from Turkey. Russians, But the from Truman to Reagan, with the possible exception of Ford, humiliated, angry and has felt compelled to consider frustrated with American or direct serious preparations nuclear attack threats and for possible U.S. initiation, tac- nuclear superiority, built up tical or strategic nuclear war- their nuclear forces, especially fare, in the midst of an ongo- their ICBMs until now, in the ing, intense, non-nuclear conearly 1980's, both countries flict or crisis. The Soviets know have attained a rough level of this because they were made nuclear weapons parity, to know it, often by explicit despite the Reagan Administrathreats from the oval office, tion assertions that the U.S.S.R. even when White House conhas nuclear "superiority." Yes, siderations of the use of they have some "superiority," nuclear weapons was secret as in their larger number of ICBMs, but the U.S. has from other audiences... " Also, the U.S. proceeded to "superiority" in its greater build up its nuclear forces at number of bombers, and total this time to levels far beyond nuclear warheads. This nuclear mere defensive purposes, parity shared by the U.S. and levels geared to actually the U.S.S.R. is also stated in the launch a "first strike" nuclear SALT II Treaty. Yet, President Reagan attack against the Soviet Union and its allies, if claims that the U.S. has a "winnecessary. Since the Soviets dow of vulnerability," where under such resolutions and the START program, which will take years to negotiate, a "freeze" of nuclear weapons would not come about until both the U.S. and the U.S.S.R. build up their nuclear weapons systems even more, in order to "equalize" them on both sides, the Soviets "would absorb our never again wants to be subjected to American threats of nuclear attack. A continuation of the nuclear arms race will jeopardize the relative stability and mutual deterrence both countries now share, and make control arms warheads and bombs on the future Soviet Union. These warheads agreements, let alone a and bombs could destroy bilateral nuclear arms freeze, every major Soviet city twenty very difficult, if not impossible times over, an overkill to achieve. For instance, the capability sufficient to deter Cruise missile, (a low flying, the Soviets from thinking they radar-evading, highly accurate could..'. absorb our retaliatory nuclear weapon, due to its relatively small size), can be blow and hit us again." Thus, the "window of launched from ships, tanks, vulnerability" is an illusion submarines and ground (just as the "missile gap" claim vehicles. Cruise missiles are was), since America still has also relatively easy to conceal the world's most advanced and unlike ICBMs cannot be conventional and nuclear identified by satellites or most forces, and is hardly a other intelligence devices. vulnerable, second-rate Therefore, neither side can easily verify the strength of the military power. The U.S. claim of other, so arms control negotiavulnerability is actually being tions will become close to an used as an excuse to restore impossible task. This element the U.S. nuclear first-strike of verification is critical for efcapability against the U.S.S.R., fective arms control. A nuclear via the MX ICBM, the B-1 freeze negotiated now will stop the production of such Bomber, the Trident Submarine, and the Cruise, Per- weapons by both the U.S. and shing and Trident missiles. But the U.S.S.R. The MX missile is being prothe Soviets are responding to retaliatory blow and hit us again." But this statement is misleading. "All told, the United States could respond to a Soviet first-strike on our land-, based missiles, by dropping a minimum of 4,500 nuclear How do you survr • 6Japan after all, not only survived but flourished after the nuclear attack. ... Depending upon certain assumptions, some estimates predict 10 million [dead] on ojp side and 100 million on the other but that iswt the the U.S. build-up by developing their version of the Trident submarine, the Typhoon, building their own new submarine nuclear missiles, the SS-N-20, redesigning their version of the cruise missile, their version of the MX, which they call the SSI9 ICBM and are in the process of developing a new bomber. It seems unlikely that the U.S. will once again its nuclear regain "superiority," since the U.S.S.R. seems determined to match the U.S. build-up: for it duced and deployed supposedly to eliminate the "vulnerability" of the U.S. Minuteman and Titan ICBM forces to a Russian "first strike" attack, claims the Reagan Administration. This purported "vulnerability" is disputed by many top scientists, who assert that Russian missiles are not accurate enough to destroy American ICBM's and even if they were, they would be subjected to bias (external environmental continued on page 9 Lawyers Guild Resolutions On Nuclear War Passed at National Lawyers Guild National Executive Committee, Santa Fe, New Mexico, February 22, 1982. WHEREAS, the National Lawyers Guild is convinced that all nuclear weapons states should reach an agreement to eliminate all nuclear weapons in order to insure the fundamental rights of humanity to live in peace; and WHEREAS, the United States policy has sanctioned in Presidential Directive 59 a limited nuclear warfare option which increases dramatically the possibilities that nuclear weapons will be used in a regional crisis situation, with the likelihood of escalation to all-out nuclear exchange; and cruise missies, the Trident Submarine and mass production of neutron bombs; and WHEREAS, the threat of nuclear weapons is destabilizing and does not create a secure society and the justification for the build-up of nuclear weapons is deliberately false and intended to hide the true purpose of this strategy; and ed unnecessary prolonged suf- Land (1907) which mandates fering, indiscriminate in its ef- that new weapons or tactics fect, involving the second not covered byprior treaty are generation of the victims, with nevertheless subject to the the number of sufferers in- principles of laws of nations as derived from the "laws of creasing every year; and humanity" and "the dictates of WHEREAS, as lawyers, legal puolic conscience" in order to workers and students we are protect non-combantants, aware of the illegality and neutrals and non-belligerents; criminality of the threat or use b. The Declaration of St. WHEREAS, the United of nuclear weapons in light of Petersburg of 1868 which afthe laws of humanity and firms that the right to adopt States is pursuing military various principles, objectives means of injuring the enemy is WHEREAS, the developdominance under the cloak of WHEREAS, the United and reglations of international not unlimited and the only ment and deployment of national security by developlegitimate object which states nuclear arms as well as the ing a first strike capability, States' use of two atomic law, including: a. "Marten's Clause" of the should endeavor to acproliferation of nuclear arms together with destabilizing bombs at Hiroshima and constitutes a direct threat of technologies which make Nagasaki not only brought Preamble of the Convention of complish during war is to mass annihilation for every na- nuclear war more possible, in- about genocide and destruc- the Hague Concerning the weaken the military force of cluding the MX Program, tion of two cities but has caus- Laws and Customs of War and the enemy and with such printion and person; and Opinion 9 April 20, 1983 continued on page 13 �A First Step Toward Peace And Security continued from page 8 from the significant electromagnetic field over the North Pole, which would shift the missiles off their course over this area on their flight to the U.S. Also, the Russians would need at least a 90% reliability in their missile systems to achieve a successful "first strike" attack, and would have to take into consideration that their exploding warheads, which landed first, might destroy some of the other incoming warheads, or shift them off their course. Thus, it seems highly unlikely that the Russians could launch a successful "first strike" attack against the U.S. ICBMs. Furthermore, the present plan of simply putting the MX in Minuteman and Titan silos and the newly announced proposal which consists of a "dense pack" base of MXs, will make them no less "vulnerable" to this theoretical Russian "first strike" than the missiles they are replacing. So why is the U.S. Government building the MX? Primarily to achieve a "first-strike" capability against the U.S.S.R., since it theoretically has the forces) keep other "first strike" in his farewell Presidential ad- formance under 14 arms conmissiles such as the Pershing, dress in 1961 warned... trol agreements has been from being stationed in good." The SALT i Treaty was Europe, thereby decreasing In the councils of government, signed in 1972 and even tensions there, and provide a we must guard against the ac- though it expired in 1977, it has framework for negotiations on quisition of unwarranted innot been violated by the fluence, whether sought or unboth nuclear and conventional U.S.S.R. to date." Even the sought, by the militaryarms control with the aim of SALT II Treaty, still unratified industrial complex. potenThe achieving a system of adetial for the disastrous rise of by the U.S. Senate, but signed quate deterrence, with stable misplaced power exists and will by the U.S. and U.S.S.R. in June defensive forces, for both of 1979, has been upheld. Such persist. sides. We must never let the weight high obedience to arms control A bilateral nuclear arms of this combination endanger agreements by both countries freeze at this moment in time, our liberties or democratic proshows the importance arms in the early 1980/s, would obcesses. We should take nothing control holds in relation to the viously prevent the Reagan adfor granted. Only an alert and national interest and security knowledgeable citizenry can of both nations. Thus, a similar ministration from achieving compel the proper meshing of what it sees as a "first strike" high level of compliance could the huge industrial and military capability against the Soviet very well be expected in a machinery of defense our with Union. This is probably the mapeaceful methods and goals, so freeze. jor reason Reagan opposes a Another significant benefit that security and liberty may freeze now, but will accept prosper together. of a bilateral nuclear arms one later on, after his goal of freeze (especially if followed "first strike" power is achievUnfortunately, Eisenhower's by gradual, bilateral nuclear ed. However, the Soviets warning of the great power this arms reductions that will save would obviously not accept a complex can yield is now true; billions of dollars in freeze at a later date if they it has spread throughout the themselves), will be the imthen had not achieved a country and has significant provement of the economy. mutual "first strike" capability control over the U.S. Govern- The increase in the commeragainst the U.S. ment, particularly over the cial industry base and the reacAlso, it is not by accident Congress. Because of its great tivation of consumer goods that "the top ten recipients of influence, the military- productivity, both presently U.S. military and economic industrial complex forms it's 'being sacrificed to our massive foreign aid are, according to own defense policy, creates its arms build-up, will certainly reAmnesty International, the top own weapons, and distorts the juvenate the economic climate ten dictatorships or violators truth (e.g. exaggerates Soviet of the U.S. This economic ive a nuclear war? 2 6 body's going to make it if there are enough shovels to go around. . . Dig a hole, cover it with a couple of doorsmd then throw three feet of dirt on top. It's that does it.9 9 W T.K.Jones, a - ■ M- ■. UnriKec Ary of Defense, sJ|Kic_JVheSr Nuclear Forces, ' ) yx/y): M J military power) to meet its own response will in turn decrease need for increasingly greater the inflation rate by diverting weapons production and more funds from military activity political power. These deeds (which adds nothing to the do not represent the true economy, while consuming defensive needs of the significant quantities of American people. Vet the materials and resources), to a American people are the ones renewed U.S. industry which who pay for all this "defense," can create more jobs and at great sacrifice to their ingoods. This will increase dividual well being as well as America's declining comthe health of the country as a petitiveness in the internawhole., This all goes on while tional market. A bilateral nuclear arms the under the constant terror' of nuclear war. freeze now, can reverse this "The U.S. defense budget, grim trend of enormous which now accounts for defense spending while human roughly one-quarter of all needs and life are sacrificed in federal spending, will rise the process. In short, a freeze rapidly in the 1980s. This rise will enable this country to stems, in part, from the relaachieve better economic and tionship between the public social conditions, while mainand private sectors of the taining a strong defense. defense community and the power and accuracy to destroy Russian ICBMs in their silos. But this action will force the Russians to put their ICBM force on "hair trigger" alert, where it will launch them on "warning" to avoid their destruction by incoming U.S. MX missiles. It is important to realize that about 70% of Russia's nuclear force is comprised of ICBMs. Therefore the U.S.S.R. must be confident that a significant number of its ICBMs can survive a "first strike" attack by the U.S., in order to have enough weapons for self-defense. If not, the Soviets could be forced to launch their missiles sooner, under greater pressure and in a situation where if the warning signal they pick up is false, of human rights, since they provide favorable climates for U.S. multi-national corporations." Thus, most of the U.S. military power is not geared to defend the U.S. mainland, but defend corporate and national interests around the world. This is supported by the fact that the U.S. is the only country in the world that can send large parts of its armed forces overseas, as in Viet Nam, or utilize the Rapid Deployment Force, which can send about 250,000 troops and large amounts of military to equipment to foreign areas such as the Middle East. Another powerful force that is involved in the U.S. arms build-up is the militaryindustrial complex, which is (e.g. computer malfunction), the union of the Pentagon, the they may not have the time for U.S. defense contract corporaverification of a false alarm tions and the whole industrial before launching their missiles. base associated with researching, developing, and producly cause the Russian "first ing conventional and nuclear strike" it is intended to deterl arms. Presently this militaryAgain, a bilateral nuclear industrial complex involves arms freeze, initiated now, will over one-third of our scientists prevent the MX weapons, and and engineers, consumes over any Soviet counterpart from one quarter of the annual U.S. being guilt and employed. This Federal budget each year, and will keep the present parity has some of the country's and deterrence value of the largest and most powerful corU.S. and U.S.S.R. nuclear force porations associated, with it stable, and in turn keep the which are making huge profits threat of nuclear war under from building these arms. No control. The freeze would also wonder Dwight D. Eisenhower, Therefore, the MX may actual- extraordinary pressures it Finally, and most important- ing' for nuclear war is meaningless. There is no possible, effective medical response. Most hospitals would be destroyed, most medical personnel dead or injured, most supplies unavailable. Most 'survivors' would die. "3. There is no effective civil defense. The blast, thermal and radiation effects would kill even those in shelters, and the fallout would reach those who have been evacuated. "4. Recovery from nuclear war would be impossible. The economic, ecological and social fabric on which human life depends would be destroyed in the U.S., the U.S.S.R. and much of the rest of the world. "5. In summary, there can be no winners in a nuclear war. Worldwide fallout would contaminate much of the globe for generations and atmospheric effects would severely damage all living things." Fortunately, through the International Physicians for the Prevention of Nuclear War (IPPNW), this message has been carried to Russian physicians who are part of this organization, including Dr. Chazov, cardiologist of the late Leonid Brezhnev, and USSR Deputy Minister of Health. They have been on Soviet television and have written numerous articles on the dangers of nuclear war which have appeared in many Russian newspapers. You can help stop this "nuclear madness." You can assist the bilateral nuclear arms freeze movement in several ways. For example, you can contact your nearest peace center 'or freeze chapter, and ask whatyou can do to help. You can also organize local freeze petition drives to collect signatures of supporters for a freeze, and introduce the freeze proposal into your town, city or county council. Involve your state legislators and your Representatives and Senators in Congress. Ask them to support the Kennedy-Hatfield and the Markey-Conte Nuclear freeze proposals in Congress. Write directly to the President! Also, send articles or letters supporting the freeze to your local newspaper, and tell others why you support a freeze now, and enlist their aid in this effort. Finally, use your imagination and discover your own personal ways to help in this campaign. You, like millions of Americans already doing these things, can make the dif- ly, a bilateral nuclear arms allows defense contractors to freeze will stop the arms race, exert on (the U.S.) government. both the U.S. and give and This alliance forms a triangle U.S.S.R. a chance to reverse with military contractors. Con- their insane rush towards gress and the Pentagon seated mutual suicide. By following a at its three corners. Its very gradual, bilateral, and nature excludes public pararms reducverifiable nuclear ticipation from the military tion program, both countries decision making process. Yet it can help prevent the "war that brings contractors so close to will end all wars": an all out government that they not only U.S.-U.S.S.R. nuclear war, carry out military policy, but where over 250 million often create it." Americans and Russians will As for its verifiability, the be killed or severely injured freeze proposal fs relatively outright. With the additional easier to check than other threats of massive injuries arms control treaties. "Indeed, among the survivors, with little ference. Herbert Scoville, former Depu- medical assistance left, severe ty Director of the CIA, condestruction of the environtends that a freeze is easier to ment, depletion of the earth's Two paths lie before us. One verify than a treaty like SALT I ozone layer, widespread fires, leads to death, the other to or SALT 11. Such treaties conlife.. One day, and it is hard to rampant diseases such as believe that it will not be soon, tain complicated limits on bubonic plague and TB, signifiwe will make our choice. Either numbers and modifications of cant amounts of radioactive we will sink into the final coma to a planes; detect missiles and fallout covering the earth, and and end it all or, as I trust and violation requires continuing radioactively contaminated believe, we will awaken to the and exact measurements of a food and water supplies, truth of our peril, a truth as vast array of possible and progreat as life itself, and like a die. millions more will hibited activity. With a freeze, person who has swallowed a In a booklet entitled The however, a violation would be Medical Aspects of Nuclear lethal poison, but shakes off his known if the adversary did War, stupor at the last moment and Physithe group known as vomits the poison up, we will anything new at all." cians for Social Responsibility break through the layers of our following the As for Soviet compliance in (PSR), points out denials, put aside our faintpast arms control agreements, scientific and medical facts... hearted excuses, and rise up to "1. Nuclear war, even a the Department of Defense, cleanse the earth of nuclear weapons. the Joint Chiefs of Staff, the 'limited one', would result in State Department, and the death, injury and disease on a scale that has no precedent in Arms Control and Disarmament Agency stated in 1980 the history of existence. "2. Medical 'disaster plannthat "Soviet compliance per- . April 20,1983 Opinion 10 �History Behind the MX: Quest For Superiority continued from page 1 superiority. nuclear bombs until well after 1949 Khrushchev was soon forced when they first tested their out of office. After that, Rusown. It was not until at least sian leaders vowed to do 1955 that they developed a whatever they had to do to long-range bomber capable of become America's equal in striking the U.S., and that strategic weapons — to create event began the end of the a balance where there was no era of American domination in balance. This they accomplishnuclear warfare During this ed, no doubt at great cost to era, American leaders could the Soviet economy, around threaten Russia' with nuclear 1970 or so when they finally weapons and Russia could not developed ICBMs which could threaten back: they did not be put into hardened silos like have deterrence. What they our own. did was to remobilize their ar- The SALT I Treaty By 1970, then, both the Rusmy and counter-threaten an invasion of Western Europe if sians and the Americans had America were to attack Russia. around 1,000 ICBMs in hardenNo doubt Soviet leaders learn- ed silos aimed at one another ed some sort of lesson during and neither side could calcuthis time: achieve strategic late any particular advantage to expanding this fleet. Both equality as soon as possible. sides could deter a first strike by threatening to retaliate The Cuban Missile Crisis The next decade, 1955-1965, against their enemies cities. is confusing because this was This is called Mutually Assured the era of the development of Destruction, or MAD, for short. intercontinental ballistic Let us explore thie situation in missiles (ICBMs) and the more detail. The SALT I treaty of 1972 is replacement of bombers which took some 6 hours to arrive on a product of both sides target, by missiles which took recognizing this stand-off. Suponly 30 minutes. Initially, it pose that one side were to seemed that Russia was ahead attempt to expand the number when in 1957 the world could of their ICBMs from 2,000 to stand out in the evening and let's say 3,000; this would cost watch the tiny bright-lit Sput- a great deal of money, would nik cross the dark skies. Russia take years to accomplish, and had used its captured German would be quite visible early on i.e., scientists to refine the old Nazi in satellite photos V-2 rockets into long-range verifiable by "national ICBMs. These were very heavy, means." In other words, it costly, unreliable, fueled with would not have been possible liquid and took a long time to to proceed in secret, without — start up. America bet on solid- fueled ICBMs which were smaller, more compact, cheaper and quick to start.up and they could be placed into fortified concrete silos underground, whereas the liquid fueled ones of the Soviets could not. But, Russia got ICBMs first and this frightened Americans. John Kennedy may have won his election for President in 1960 by the use of the issue of the "missile gap" based on erroneous estimates on Soviet intentions to develop a huge fleet of these newly developed ICBMs. When Kennedy came into Office, he could see for himself by looking at reconnaissance photos taken by U-2 overflights that there was no missile gap at all, that the Soviets had not made 300 ICBMs but only a half dozen. Why? Who knows, really; but the cost and the need to go ahead with solid fueled development were most likely the reasons. This example shows us that our politicians are willing to abuse the public's trust, use our fear of being vulnerable to a Russian first strike, to gain their own political ends. This example reminds us that the debate over nuclear weapons cannot — warning their enemy early on. More than that, this build-up even if it could have been done secretly, would have given the builder no strategic advantage. Why not? Because even with a 3,000 to 1,000 advantage, this would mean trying to strike at an enemy's forces three weapons to one target, and while the probability of success that teach individual target might have been as high as, let's say, 95%, to do this 1,000 times over successfully at the same moment is infinitesimal. There is an overwhelming probability of dozens of target missiles surviving unscathed, ready for counter-attack on major enemy cities. In other words, first strike simply couldn't be done. Thus, Nixon and Brezhnev could accept the SALT I treaty which recogniz- ed this technological stand-off. Similarly, both sides knew that while they could spend scores or hundreds of billions way, the probability of a first strike by either side is increas- ed. If both sides install such missiles the American MX which has ten warheads or the Soviets SS-18 which has 8 then while both sides have limited themselves to 1,000 missiles or launching vehicles they could attack their opponent's ICBM force at an 8 or 10 to 1 ratio. This further increases the probability of a first strike but it is still remote. But there is more, and it gets worse, much worse. Scientists have learned how to develop complicated — navigational systems exploiting (perhaps underwriting) the micro-chip revolution that allows high speed computations to be made quickly by tiny machines, and it is now estimated that the SS-18 and the MX can land within a few hundred feet, if not closer, to their targets. This means that they can, with a much greater probability, destroy an underground enemy missile, even if it is buried in a harden- ed concrete and steel silo. The President's Commission, nonetheless, recommends putting 100MX missiles, with their ten warheads each, into the old Minuteman silos, which will be just as vulnerable as the Minutemen they replaced — Opinion 11 April 20/.1983 ' must accept parity — MAD — with the Soviet Union in nuclear strategic weapons, that is, they and we both can effectively deter one another from launching a nuclear first or else America must were, and because they now strike, prepare for an enormous with carry more warheads development to gain, or much more accuracy, they regain, the upper hand, the represent a more inviting nuclear superiority we target than the missiles they clear let's say, after the Second had, replace. Ironically, they do this All the talk about War. World while recognizing the need to nuclear a "protracted fighting the reduce ratio of "attacking "prevailing" war", or such a in warheads to launching or about building an efmissiles" on both sides. In war, civilian defense other words, they recommend fective or system, building some new a MX system that runs totally against their' sound strategic anti-missile defense out of or whatever, all advice. What are we to make laser beamsbased on deciding this talk is a of policy which contradicts in favor of question the above its own stated assumptions? regaining nuclear superiority Are they stupid — or crazy? over Russia. Read on. The Anti-MX Movement The Freeze movement which calls upon our leaders to negotiate a freeze on the production of nuclear weapons and delivery systems, is based on accepting the present equality in nuclear weapons between America and Russia. Since Americans have never been told directly that it has been America, not Russia, that has for many years threatened the first use of these weapons against an enemy, Americans are naturally confused about this now open policy debate going on in Washington. They do understand the costs issue, and this may tip the scales in our depressed economy. But so few Americans realize that our foreign policy has for a long time been based on — nuclear superiority as tested in the 1962 Cuban crisis that we do not know what the consequences are of accepting parity with Russia. People ask: why can't America just threaten Russia with nukes if they go into Poland or Afghanistan? Why, indeed? It is in line with refusing to with accept nuclear Russia for President Reagan to project, as he recently did before a congregation of fundamentalist Christian clergy, that the struggle is one of godfearing people against the devil incarnate. He is in effect asking the American people to reconstruct our whole society around a probably unat- — tainable goal of nuclear superiority to be gained in the years ahead, and a willingness to use this superiority to fight and win a protracted nuclear war. This is, of course, madness and will only appeal to a fundamentalist fringe who believe the "end is near" anyway, and who are "ready to face the Judgement Day." Organizing Our Own Backyard by Anne Casper Anne Casper is a citizen of South Africa and a graduate of the University of Cape Town. She worked in the Buffalo area as a chemist previous to becoming a chemistry teacher at Mount Mercy Academy. Anne is the faculty advisor to the No Nukes Club at the Mount and is also a member of the Erie County Nuclear Freeze of dollars developing an antimissile system (ABM) to defend their missiles against an Coalition. attack, the attacking country The Cold War rhetoric and can easily, and at small cost, arms proliferation policy of provide decoys with the at- the present administration has tacking missiles and nullify produced an accompanying any possible ABM. Thus, in proliferation of antinuclear be left to politicans, but must 1972 a separate but important groups. Whether neighborand has, now become treaty: no ABMs. hood-based or organized along public issue. Multiple Warheads and In- educational, professional or In 1962, Premier Khrushchev stability religious lines, they are all restore, to attempted From 1970 to the present united by a common goal: ensomewhat, that actual im- day, while both sides are ding the arms race. balance that was heavily in limited by treaty to approxThe following list of America's favor by installing imately 1,000 ICBMs, the have organizations in the Buffalo small short-ranged missiles in found ways to place multiple metropolitan area gives some Cuba which, being 90 miles off warheads, each with its own indication of the level of proour shores, would transform H-bomb, each aimed at dif- test taking place locally. The them into strategic weapons. ferent targets, on a single first four, with permanent adBefore he could do this, Ken- missile, so that it is impossible dresses and full-time staff, are nedy threatened an invasion of to know how many attacking listed out of alphabetical Cuba and forced him to back warheads there are by coun- order, being valuable resource clown. Kennedy was able to ting the number of missile and information centers. risk a military confrontation launchers on the ground. And with Russia because the U.S. furthermore, by multiplying Western New York Peace possessed an overwhelming the effect of each missile this Center, 440 Leroy Aye., Buf- — What If They Attack Europe? Our old policy of Massive Retaliation to forestall Russia's attack on Western Europe With conventional armies, has dissolved. This happened as a direct result of the development, in the late 19605, of a Soviet deterrence. You see, America has for a' long time relied on our nuclear superiority to defend Europe, but it can no longer do this. Are we willing to take the risk of all-out nuclear destruction of our cities to defend Western Europe from invasion by nonnuclear armies? Few believe this. This is why a group of former top policy makers, like former Secretary of Defense McNamara and George Kennan, now recommend a policy of "no first strike", and it is also why Secretary Weinberger recommends, by way of response, a policy of fighting a protracted nuclear war, following subtle changes in U.S. policy since the mid 70's, under Ford and Carter. In other words, a choice must be made: either America falo, N.Y." 14215; phone 835-4073. Founded 15 years ago as a chapter of Clergy and Laity Concerned (CALC), a national interfaith organization, the Peace Center is dedicated to action on disarmament, draft resistance, world hunger and peace education. Co-sponsors a monthly Peace Breakfast with the Center for Justice. Share information and resources (A-V materials, books, picture displays, fact sheets, puppet show...) with the community. Serves as a clearinghouse for local peace activities. Center for Justice, 2278 Main St., Buffalo, N.Y. 14214; phone 838-4910. Created in 1973 by the Western New York Leadership Conference of Women Religious. Has research/action programs on disarmament, El Salvadore, the environment, legislative lobbying, education and justice corporate (IPC), 100 Wadsworth, Buffalo, N.Y. 14201; phone 883-7717. The peace-making vehicle of Buffalo Area Metropolitan Ministries (BAMM), an association of Christian, Jewish and Muslim communities serving WNY. Established little more than a year ago, it has pro- moted and coordinated several peace activities. Currently coordinating events for Peace Week (May 22-28). Membership consists of delegates from denominational groups and organizations like the WNY Peace Center and the Center for Justice. Sierra Club Radioactive Waste Campaign, 78 Hlmwood-Ave., Buffalo, N.Y. 14201; phone 884-1000. An arm of the Sierra Club concerned with the effects of nuclear waste. At the forefront of the movement to clean up West Valley. Produces slide shows, a newspaper The Waste Paper, and many fact sheets. Focuses largely on nuclear utilities; overlap with weapons industry since over 90% of all radioactive waste is produced by military. responsibility. Co-sponsors monthly Peace Breakfast with the Peace Center. Has a growing lending library of print materials and A-V resources. Hosts local chapters of Pax Christi, Network and ESR. Educators for Social ResponInterfaith Peace Coalition continued on page 11 �Nuclear Detonation Scenario When The Bomb Blasts Buffalo Editor's Note: Ground Zero, a local pro-freeze organization has described what would happen if a 20-megaton bomb were dropped over downtown Buffalo. City Hall to 1.5 miles In a fireball of intense heat and blinding light, buildings and structures within 6 miles of ground zero are reduced instantly to molten slag and rubble, killing thousands. This area stretches from Sheridan Park in Tonawanda, to exit 52 in Thruway Cheektowaga, to the furthest edge of Lackawanna, Fort Erie and Crystal Beach. All people in this area are now dead, vaporized or burnt by the incinerating fireball; or crushed by the shock wave and the winds of up to 300 mph... within 20 seconds. 1.5 to 6.0 miles A 20-megaton bomb is dropped near ground level over Buffalo City Hall and Niagara Square. Immediately, a powerful surge of voltage is produced by the radiation. Power lines, antennas, and electrical circuits are knocked out within many miles. Newspapers spontaneously ignite and burn within 25 miles of City Hall. Niagara Square, Children's Hospital, Roswell Park, the Naval Park and the entire waterfront area disappear in a burst of light. Everything in the downtown area, the streets and highways, the earth itself, and all living things are vaporized several leaving a crater hundred feet deep... All within seconds. 6 to 10 miles The blast wave flattens all but the strongest buildings within 10 miles. In Lakeview, Orchard Park, Lancaster, Amherst and Grand Island, the blast wave, 180 mph winds and raging fires almost total casualties with at least 50% of the people dead and 40% injured. Survivors crawl from the wrecked homes to a firelit terror. Power is out. Gas lines rupture and explode, flames spread quickly, unchecked. Rising overhead is a dark mushroom cloud, already over 12 miles in diameter. It blots out the sun, turning day into a nightmarish night: Those few who survive die from burns or, within six months, from exposure to radiation. pharmacies, clinics, and medical supply and drug stores. The total combination of factors will leave the medical response to this incredible disaster very inadequate. For up to hundreds of miles away, depending upon wind patterns, the nature of the bomb, and other factors, radiation kills thousands more. The radiation is spread by a million tons of contaminated soil particles and debris drifting away from the blast area. If the wind is blowing at 15mph, fallout of lethal intensity will descend in a plume about 150 m. long and 15 m. wide. Fallout of sublethal but still serious intensity will extend another 150 miles downwind. Millions more people will be affected by fallout over a period of days and weeks. A portion of the fallout 10 miles and 0n... Even at 20 miles from rises high into the earth's atground zero, in Angola, Alden, mosphere, circulates around and then, over monAkron, Lockport, Niagara Falls the earth, or descends, con- The concentric circles in this map delineate the areas oi destruction ths years, and Port Colborne, 50% of the the surface of the described in the article. taminating are people killed or injured by globe; at much although direct thermal radiation and weaker doses. blast pressures. The initial A nuclear detonation also fireball can cause at least causes a chemical reaction second-degree burns in exposed human beings at a distance within the earth's atmosphere, depletes or destroys the of 28 miles from the epicenter, then ozone layer. This crucial layer continued from page 10 Erie County Nuclear City Hall. shields the earth's surface sibility (ESR), c/o Center for Coalition, c/o Sierra Freeze Club, from the lethal levels of ultra- Justice, 838-4910. 884-1000. WNY Devastation Newly-formed chapter of naGrassroots action and lobbyEverywhere fires spread. violet radiation. A nuclear Everywhere there is hysteria as disaster would leave all living tional group of parents and ing group working for adoption people try to find medical aid things exposed to these lethal educators working for arms of nuclear freeze. Successfully for themselves and their rays. For many of those who reduction through community initiated passage of freeze survive, if there is action. Responds to students' resolution in Buffalo Common families. Included in the any, andtheifrecovery, it can be called nuclear-age fears by encouragCouncil. destruction are 70-80% of the that, will be long and painful, ing discussion and introducing cities physicians, as well as the perhaps 'with permanent relevent curricula into the Ground Zero, 878-4900. severe damaging of hospitals, disability. classroom. A non-partisan, nonadvocacy organization devoted to public education on the threat of nuclear war. $33 billion added to military it will b. nearly impossible to first step toward peace. Conducts opinion polls, and is budget implement God's demands for For the first time in 35 years currently hosting a program of The direct trade-offs peace and justice. the US and USSR have about Pentagon-type war games callrepresented by these figures We will also need to begin the same strength in nuclear ed "Firebreaks". demand that those who are thinking about local strategies forces. A rough balance now for bringing greater pressure to exists that may never exist Ken-Ton Peace Pilgrims, c/o fighting the cuts in social programs and those who are strugbear upon the White House again, a balance at which we Church of Nativity, 875-3365. gling against the arms race and Congress, to effectively can call the arms race to an (ask for Kay Woike or Dan make common cause with one issue a broad-based challenge even'halt. Our moment of op- Schifeling) An interfaith religious group another in the years to come. to the war that has been portunity will not last long Concerned religious people declared against the poor and because a new generation of who hold a monthly Peace can play a leading role in this powerless. Our voices can be weapons is already in the Vigil at the corner of Delaware important process of coalition raised in a variety of ways: works. The US, for example, is Aye. and Delaware Rd. and a building, not because we can public forums and hearings, about to begin a 15 year pro- monthly Prayer for Peace at paternal istically speak for the media appearances, vigils and gram to build 17,000 more different churches. poor, but because the choices rallies, and by letters to warheads. A mutual agreement our nation faces are embodied newspapers and legislators. between the two superpowers No Nukes Club, Mt. Mercy in the life of each congrega- Each local group must develop is desperately needed to break Academy, 825-8796. An extracurricular high this deadly momentum. It can tion. Our young people don't its own approach. only happen if we can create school club, concerned with need the draft, they need jobs. Our older people don't need Fight the Squeeze With the enough popular support for studying the nuclear issue and the Freeze. sharing the knowledge with new weapons of overkill, they Freeze One of the most practical Can we trust the Soviets? parents and peers. Activist as need better housing at affordable prices. Our working peo- ways to defend ourselves The Freeze does not depend on well as educational. ple can't live with the infla- against the onslaught of the trust. To help- prevent tionary effects of military Reagan budget is by actively cheating, each nation can rely Physicians for Social Responspending, they need a living supporting the Nuclear on existing verification sibility (PSR), 894-4352. A national organization of wage. Our sick members don't Weapon Freeze Campaign. The methods. Our satellites, for exneed cruise missiles, they need Freeze Campaign has already ample, are so sensitive that physicians, dentists and affordable health care. Our attracted a great deal of sup- they can read a license plate in medical students concerned children don't need neutron port within the American Moscow. The US and USSR with the medical hazards of have signed 14 constructive nuclear weapons and war. bombs, they need better religious community. A growschools. None of us need the ing body of synagogues and and long-lasting arms control Recently sponsored a lecture MX Missile, we need an effi- churches, labor union,s agreements which have not series, "Nuclear Issues for academic commitees, senior been violated by either coun- Health Professionals", at U.B. cient mass transit system. To bring together different citizen organizations, and try. Current discussions with Medical School. Will be groups which have grown used Black and Hispanic organiza- Soviet representatives indicate presenting films during Ground tions, among many others, that they would give the Zero Week (April 24-30) to working in isolation will involve hard work, yet we must have joined together to en- Freeze serious consideration. watch for posters. It is time to stop guessing dorse the main call of the cambuild grassroots alliances based on shared interests if we are paign: that the United States whether the Soviets would United Campuses to Prevent Nuclear War (UCAM), to reach out effectively to an and the Soviet Union should violate this important agreeeven broader audience. adopt a mutual Freeze upon ment. We must put forward an 831-2969. A national educational Without a strong foundation of the testing,' production and initiative that would challenge concern, encompassing many deployment of new nuclear them to choose between peace organization with a memberdifferent constituencies inside weapons, and the bombers and and further preparations for ship of students, faculty and community. and outside our congregations. missiles that carry them, as a war. April 20, 198*I Opinion Organizing... . Religious Gp. Laments Militarization continued from page 5 to live for God may yet see the day when swords will be beaten into plowshres; when tools of death may be converted into tools of life. To choose life will always involve risk, but we must take risks again and again so that God's plan may be brought closer to fruition. The prophets of the Bible will have preached for naught if all they have done is raise our consciousness about the links between poverty and war. Awareness is only the first step. "Let us not love in world and speech," wrote the apostle John, "but in deed and in truth." (I John 3:17) Now is the time to take risks with God for peace and justice, before the next generation of weapons is built with the very blood of this generation. The Struggle for a Fair Budget The budget policies of the Reagan Administration deep cuts in human needs programs and the largest peacetime military build-up in the nation's history are leading the country to certain economic misery and probable nuclear disaster. Consider the budget strategy for the next three years: Fiscal Year 1982 $35-40 billion cut from — — social programs v $40 billion added to military budget Fiscal Year 1983 $30-40 billion tut from social programs - ' 12 �Are The Russians Coming? — ty an agreement to prevent the spread of , 1972 1974 Table 1: Herbert Scoville, Jr. wrote: Military Expenditures Estimate the ABM (anti-ballistic 1979 missile) treaty... has done (Billions) more to enhance our security and reduce the risk of war than By NATO Warsaw Pact all the thousands of new $218.6 $127.2 SIPRI missiles and warheads we have WMSE $127.5 $218.1 procured in the last ten years U.S.Cov. $212.5 $210.7 at a cost of billions of dollars." Source: Ruther Leger Sivard, World (MX, Prescription for Disaster, Military and Social Expenditures, nuclear weapons to other countries. Strategic Arms Limitation Talks (SALT I) limited antiballistic missiles to two sites (later reduced to one) in each country and limited the offensive forces on each side. Threshold Test Ban Treaty limited ". - — 1981) underground tests to a of 150 maximum kilotons (signed but 1979 — not ratified by the U.S. thus far both sides are abiding by the provisions). Strategic Arms Limitation Talks (SALT II) further limited the of- - -7 pensive forces of each. side (signed but not ratified by the U.S. thus far both sides are abiding by the provisions). — . ., 1982) 2. The Gaps are Coming The myth that "the Russians are coming" takes concrete form in the claim of gaps in military strength. These are used to convince Congress and the public to accept increases in military budgets. Here are a few examples of the gaps that appeared and disappeared: The Bomber Gap In 1955, the Air Force In any case, compliance predicted that Moscow treaties not with these does de- "could" produce 600 to 800 pend solely on good faith. As Bisons and Turboprop Bears by stated previously, the U.S. has 1959. The U.S. quickly expandits own national means of ed its strategic bomber force verification. to about 600 B-52s and more than 1,500 B-475. Today, it has been established that the A Nuclear Samizdat: Cold War Fueled by U.S. Offensive continued from page 7 just visited the United States, United States has traditionally technological balance of and had gone to great lengths seen new strategic weapons as power, combined with the efto demonstrate his commitbargaining counters to force fects of the U.S. defeat in Inment to peaceful coexistence the Soviet Union to ratify the dochina and the Watergate — including the sacrifice of permanence of the postwar im- scandal, induced a major previously close Soviet ties to balance of military and alteration in the American atChina. * Ttre Soviet leadership political power. In fact, until titude toward disarmament expected some response in 1965-66, the Soviet Union did talks. Suddenly it became return to preserve the momennot have any real ability to possible to have dialogue with tum toward the Paris summit. reach American territory, while godless Communists and even When Eisenhower instead the United States could reach to sign and ratify SALT I. foolishly justified the spy mis- any part of the Soviet Union. Finally, it is important to apsions, the Paris talks collapsed. In this respect it is incorrect to preciate how the legacy of the The significance of the U.S. speak of a "new" nuclear U-2 epoch is likely to have a overflights tplthe Soviet Union danger facing Europe; the very different weight for the was symbolic. They logic of the arms race from Soviet and American leaderrepresented a contemptuous 1949 onward has always meant ships. In the twenty years since expression of the United that Western Europe would be Powers was shot down, the States' technological superiori- the only real hostage of an ! U.S. administration has changty over the USSR., which had I atomic war. The United States ed completely several times. In existed since 1945. The was comparatively safe, and all probability, neither Gerald American refusal to disown this is why the Kennedy Ford nor Jimmy Carter still these violations of interna- brothers could so confidently less Ronald Reagan today tional law during the 1960 threaten military actions durhave any recollection of the "thaw" signified Washington's ing the dark days of the Cuban history of the U-2s and the rejection of any equality in the missile crisis. decade of deliberate American negotiation process, a posture Following the'failure of the intimidation of the Soviet that rendered disarmament Paris summit, the U.S.S.R. defense system. The current talks in a new situation futile. made several unsuccessful at- Soviet leadership, on the other Khrushchev wrote later in his tempts to revive the disarma- hand, remembers these events memoirs: "As far as we were ment process. If these in- only too clearly. While concerned, this sort of esitiatives had succeeded, the these men's perceptions of pionage was war — war waged world could have been spared American policy may well not by other means the great arms race of the next be entirely correct, they are inAmericans. were using decades, and,the superpowers contes tab I y grounded in a military means. And they might have achieved some much longer and more solid couldn't hide behind their reasonable stabilization of personal experience than the technology forever."** their mutual defense systems. perception of Soviet policy by The U-2 episode happened But as Khrushchev had been the current Administration in almost a generation ago, but forced to learn twice through Washington. the essential American apthe bitter experiences of the * In September 1959 the bombardproach to disarmament reU-2 and Cuban crises, the only ment of Quemoy and Matsu began, mains the same. Successive chance of getting serious and Eisenhower promised full support U.S. administrations have negotiations under way was to to the Kuomintang to repulse a Chinese the use of nuclear made the preservation of a show the United States that attack, including Khrushchev, despite the urgclear military-technological "they couldn't hide behind weapons. ing of the Chinese leadership, neverlead over the U.S.S.R. the their technology forever." theless refused to cancel his trip to the precondition to any serious Thus the new Soviet leader- United States, and when he later negotiation. Looking at this ship, in the aftermath of the visited Peking for the tenth anniversary of the Chinese Revolution, he was from another angle, every Cuban ultimatum and the given an unfriendly reception and cust significant new technology of breakdown of diplomatic overhis visit short. nuclear warfare — nuclear- tures, decided to pursue the ** Khrushchev Remembers, pp. missile submarines, multiple massive national effort re- 446-47. After the Powers flight, the independently targetable re- quired to attain a credible United States ceased U-2 flights over Soviet Union because it was clear entry vehicles (MIRVs), cruise deterrent capability. It was on- the that Soviet missiles could now destroy neutron missiles, the bomb and ly in the late 1960s and early them. But it did not repudiate the pracso on has been introduced 19705, while the United States tice of overt surveillance, and in fact into the arms race by the was mired in Vietnam, that the continued U-2 flights over Cuba, Korea, Vietnam and China. To this day, United States. Rather than U.S.S.R. finally acquired the the United States the-only viewing the negotiation pro- means for large-scale nuclear country in the world remains that — despite its cess as one of preventing the retaliation against the con- possession of space satellites still development of further tinental United States. This maintains a program of such flights systems of annihilation, the change in the military- over the territory of other'countries. : —— . . — : — Opinion 13 April'2o, 198j $207 billion. These treaties have helped maintain the peace. A former senior official of the CIA,, Dr. continued from page 7 1968 Non-Proliferation Trea- The Current Gap Today, the government claims that the Soviet Union could strike first, destroying our land-based missiles. This alleged weakness in our defense has been labelled the "window of vulnerability." In fact, this is an issue only for those who would preserve the option of launching a first strike 'by our land-based missiles. The "window of vulnerability" is as bogus as the "gaps" were before it. In this case, it is used to support deployment of the first-strike MX missile. In any case, our retaliatory forces from bombers and submarines remain secure from any attacks. (Union of Concerned Scientists, The Myth of Soviet Union never possessed as many as 300 strategic bombers. The real gap was about five to one favoring the Vulnerability, 1982) U.S. Do the Soviets Want Peace? Regardless of how one may The Missile Gap In 1957, following the launfeel about this question, there ching of Sputnik, Congres- is objective evidence on which to form a judgment. sional and Intelligence Agencies estimated that the Soviets The Soviet Union already "could" build 1,000 ICBMs by supports a nuclear freeze. 1961. In 1962, the actual Soviet The Soviet Union has In already pledged a no-fjrst use force was estimated at the meantime, the missile of nuclear weapons. The Soviet Union is for a "gap" was used to support the expansion of U.S. land-based Comprehensive Test Ban. missiles to over 1,100. The Soviet Union ratified Salt 11. The Soviet Union has proIn Feb. 1981, President posed a staged 25% reduction Reagan stated that "since 1970 in all nuclear weapons. the Soviet Union has invested The United Nations General $300 billion more in its military Assembly, on Dec. 12, 1982, force than we have." This is adopted a resolution calling on simply not true. The CIA the U.S. and the USSR to stop estimated the cost of the making weapons and fisSoviet armed forces on the sionable matter and to agree same basis as the cost of run- to halt the deployment of ning the U.S. military system. nuclear arms and to ban Under this ludicrous accoun- weapons tests. The vote was ting, when a Pentagon contrac- 119 to 17, with 5 abstentions. tor has a cost overrun, Soviet Only the U.S. and its NATO military spending increases a allies voted no. [NYT, 12/13/82). corresponding amount. Every On Dec. 9th, a resolution calltime Congress votes a pay raise ing for a treaty outlawing all for the U.S. soldier, the U.S. nuclear explosions was government's version of Soviet adopted by a vote of 111 namilitary expenditures also goes tions to 1, with 35 abstentions. up. Only the U.S. voted no. (NYT, Table 1 compares the 1979 12/10/82). estimates of military expenThe United States governditures of NATO and the War- ment refuses to support any of saw Pact as estimated by two these peace initiatives. If not independent sources and by for Washington, a world-wide the U.S. Government. nuclear freeze would be in efIndeed, the Secretary of fect today. In the age of nuclear Defense reported to Congress in 1981 that NATO (including weapons differences in social the U.S.) had outspent the War- systems must be resolved by saw Pact (including the USSR) non-military means by in every year of the 1970s for a negotiation, not by confrontatotal gap in NATO's favor of tion. The Spending Gap — Fund Raiser for the NUCLEAR FREEZE music April Buffalo Friends of Folk 30th Church of Ascencon by - Linwood & North - 8 p.m. — $3.00 Donation — �Rep. Downey Criticizes Reagan's Untruthfulness continued from page 1 (13) Completed deployment of the a strategic force hundreds of times Minuteman I, the world's first solid more effective than their predecessors. fuel ICBM. Except for the unsuccessful It is true that the Soviet Union has SS-13, the Soviets have yet to deploy or also raced, and overall it has made successfully test a solid-fuel ICBM. more progress in the last 20 years than (14) Replaced half the Minuteman Is we have. But this is because it started with more advanced Minuteman Ms. from a lower baseline. To whatever ex(15) Replaced the remaining tent this sterile comparison has meanMinuteman Is with Minuteman Ills. ing, the Soviet strategic forces were inMinuteman 111 was, by a five year ferior to ours twenty years ago, and remargin, the world's first MIRY ICBM main so today. (Editor's Note: see graph and is far more resistant to nuclear ef- P- 12) fects than its predecessors. (16) Replaced the warheads on a ma3. Militant Spending jority of the Minuteman Ills with the new Mark 12A, which has double the President Reagan: "Our defense explosive power of its predecessor but spending. went, downward through retains the same size and weight. The much of the 19705. The defense share Mark 12A is far superior to any Soviet of our United States federal budget has warhead in terms of explosive power gone way down too. In spite of a per pound. stagnating Soviet economy, Soviet (17) Doubled the accuracy of the leaders invest 12 to 14 percent of their Against targets, hard country's CNP in military spending, Minuteman 111. this is equivalent to quadrupling the two to three times the level we invest." to missiles, number of or octupling the Fact:. Mr. Reagan's statement is explosive power of the warheads. misleading, for the following reasons: (189) Tripled the hardness of (1) He ignores the contribution of our allies. Correcting for this error alone, Minuteman silos. (19) Installed a system for rapid we find our military spending to have remote retargeting of Minuteman. exceeded that of the other side by over Under a worst-case situation, this $200 billion over the last decade. (2) He ignores the fact that the gross would improve the effectiveness of our missiles hundreds of times, by ensuring national product of the Western alliance is approximately three times that they are directed to the highestthat of the Soviet Union. value targets. (4) The chronological comparison of Command, control, and strategy defense spending as a percent of the government budget is faulty in that the method of counting the federal budget (20) Progressively upgraded our computer capacity to deal with complex was changed during the Johnson Administration. In 1962, we did not count wartime problems. (21) Deployed the E-4A (Boeing 747) Social Security as part of the governairborne command post, for which ment budget; today we do. there is no Soviet equivalent. 4. Military Balance (22) Begun deployment of the E-48, a 747-based airborne command post President Reagan: "Today, in virtualhardened against nuclear effects. ly every measure of military power the (23) Continually evolved and improvSoviet Union enjoys a decided advaned our nuclear war plans. Unfortunatetage." ly, security classification prevents Fact: This statement is so far from specific discussion of this in a public the truth that it seems to have embarforum. But I urge every Member of rassed the White House spokesmen, Congress to spend a day at SAC headwho the next day sought to soften and quarters in Omaha and receive the full equivocate on it.Very briefly, here is a briefing on United States nuclear war summary of the military balance: plans. You will find that what we acA. Strategic forces: tually plan to do in a war makes a good (1) Manned bombers: U.S. far deal more sense than the drivel we superior. sometimes hear in Washington. I also (2) Submarine-launched missiles: wish that Mr. Andropov and his colU.S. superior. leagues would'receive the same brief(3) ICBMs: Soviets superior. ing. It would leave no doubt in their (4) Strategic defense: Soviets minds that the consequences of superior, but capability on both sides is nuclear retaliation by the United States relatively low. against the Soviet Union would be so B. Tactical forces: dreadful that nothing could possibly (1) Tactical airpower: U.S. substanjustify their starting a nuclear war. tially superior. (2) Aerial reconnaissance: U.S. massively superior. Overview (3) Sea-based airpower: U.S. massively superior. Even this very superficial examina(4) Surface combatants: Soviets tion shows 23 major and significant steps we have taken in the strategic superior in short conflict, U.S. superior arms race. These 23 steps have given us in long conflict. . . (5) Submarine and anti-submarine warfare: U.S. massively superior. (6) Airlift: US massively superior. (7) Land forces: Soviets superior. (8) Combat resilience: US superior due to Soviet overdependence on.centralized control. I (9) Psychologcial warfare: U.S. far inferior because of inaccurate statements by present and former U.S. government officials which have exaggerated Soviet strength and minimized U.S. strength. . President Reagan: "The Soviet Union put to sea 60 new ballistic missile submarines in the last 15 years. President Reagan: "The Soviet Until last year we had not commissionUnion has deployed a third more landed one in that same period." based intercontinental ballistic Fact: True, because the ships we had missiles than we have." were more than good enough. Unless Fact: This is true, but only because bankruptcy is our goal, we don't build of a major deficiency in Soviet weapons for the sake of building them; strategic .forces. We have a wellwe build them because we need them, balanced three-armed deterrent of and we didn't need more or newer ICBMs, submarine-launched missiles, missile submarines. and bombers, each contributing about The measure of a missile one-third of our strategic striking submarine's capability i power. is how well it (Editor's note: Although the can remain at sea undetected. Soviets have more ICBMs than we do, Our submarines remain at sea more ICBMs are the most vulnerable oi the than 55 percent of the time.The newer three basing modes.) The Soviets, in Soviet ships can do no better than 15 contrast, have about 75 percent of percent. their strategic striking power, and a Our ships are far more immune to much higher proportion of their alert detection. In fact, consider our ten concentrated striking power, in their oldest missile submarines, which have ICBMs. This places them at a severe been recently retired because we judgdisadvantage in that almost all their ed it not worth keeping them up. If you eggs are in one basket. But of course were to take all ten ships and run them that basket therefore is larger than the side by side, they would make less s corresponding U.S. basket and can be noise than one of the newest and so cited out of context.. quietest-Soviet nuclear ballistic missile submarines. More to the point, none of 8. U.S. Strategic Bombers our ships has ever been detected by the Soviets.. President Reagan: "For 20 years, the United States has deployed no new 14. Willingness to Negotiate strategic bombers." Fact: Not so. We have deployed 66 President Reagan: "Unless we FM-11A strategic bombers, which are demonstrate the will to rebuild our more modern than any deployed strength and restore the military Soviet bomber.. balance, the Soviets, since they are so far ahead, have little incentive to 10. Intermediate-Range Land-based negotiate with us." Missiles Fact: The Soviets are already willing to negotiate. They have indicated willPresident Reagan: "The Soviet ingness to accept a mutual and verifiable freeze on the testing, proUnion now has 600 of the missiles considered most threatening by both sides duction, and deployment of nuclear weapons; the Administration has refusthe intermediate range missiles based. The Soviets have indicated strong ed on land. We have none. The U.S. withdrew its intermediate range land- interest in the Gore plan for elimination of destabilizing weapons; the Adbased missiles from Europe almost 20 ministration has not. The Soviets have years ago." signed SALT II and are willing toratify who can do the most Fact: Nobody it; the Administration refuses to do the basic damage calculations considers these weapons to be of any military same. In no sense do I mean to critize my significance. An intermediate-range missile is simply an ICBM without inown country and praise the Soviet government, which is a vicious tercontinental range. The subtraction of these missiles from the Soviet force authoritarian state under which no rawould not perceptibly decrease Soviet tional person would wish to live. I am ability to devastate the nations of the not now criticizing my own country. West. Correspondingly, the addition of The public opinion polls, the various these weapons has not perceptibly freeze referenda, and the 1982 elecadded to this ability. They are political tions demonstrate beyond a shadow of continued from page 8 rather than military weapons, and have a doubt that we as a nation are deterno effect other than that which U.S. ofmined to have arms control. The proficial statements give them. blem is not the U.S. as a nation. It is As for U.S. land-based IRBMs, we not the American people. It is the imposes a legal Charter, which ciples reaffirmed by the Hague duty upon all states to refrain Convention of 1907 which from the threat or use of force specifically prohibits "wanton in international relations. and indiscriminate destrucTHERFORE, BE IT RESOLVtion"; c. The Protocol for Prohibition of the Use of War of Asphyxiating, Poisonous br Other Gases and of 11. Missile Submarine Procurement 6. Numbers of ICBMs ' . . Lawyers Guild withdrew them because we recognized their dubious military utility. As for our missile submarines, although their deployment rate is almost quadruple that of their Soviet counterparts, none has ever been lost at sea, or disabled, or late returning from patrol. Soviet performance in submarine safety, in contrast, has been horrendous. ED, that the threat or use of nuclear weapons is contrary to the laws of humanity, the laws of war, the United Nations Charter, the Nuremberg PrinBacteriological Methods of ciples and constitutes a crime Warfare (1925) prohibits such against peace and humanity; weapons, which are similar to and nuclear weapons in that they BE IT FURTHER RESOLVED, produce long lasting, biological and environmental that the National Lawyers effects, and cause unnecessary Guild urges all nuclear and indiscriminate suffering weapons states to assume for innocent civilians and com- responsibility for reversing the batants alike; nuclear arms race by entering into serious, good faith d. The Nuremberg Principles bilateral and multilateral of 1946 which make' the negotiations to stop any further development and deploypreparation, planning, initiating or waging of a war of ment of nuclear weapons; to aggression a "crime against substantially reduce existing peace"; nuclear weapons arsenals; and . . — r m Rf.MEMN.A-. — 15 Arms Reduction President Reagan: "We will moder- nize our military in order to keep the balance for peace, but wouldn't it be better if we both simply reduced our arsenals to a much lower level? Our proposals would eliminate some 4,700 warheads and some 2,250 missiles I think that would be quite a service to mankind." Fact: Arms control is a service to mankind to the extent that it reduces the probability of nuclear war, reduces the expense of the arms race, and/or reduces the damage which would occur in a nuclear war. Let us evaluate the Reagan arms control and national security program by these yardsticks: (1) The probability of nuclear war depends, not upon the balance between the total strategic forces of the two sides, but upon the balance between the first-strike war-initiating forces versus the second-strike wardeterring retaliatory forces in both directions Under the Reagan plan, the strategic ballistic missile forces of the two sides would be made up of MX and D 5Trident II missiles, which are weapons primarily designed for first strike. The ratio of ICBM warheads to ICBM Launchers a key measure of ICBM vulnerability would be six to one, which is higher than it is today. Thus, under the Reagan program, the probability of nuclear war would be higher than it is today. (2) START would not impair the MX, Trident 11, B-1, Stealth, or cruise missile programs Thus, it will not save any of the taxpayers' money. (3) While START would force reductions in the numbers of deployed ballistic missiles and warheads on them, it would permit an increase in the total destructive power of the world's strategic arsenals. This is because it sets no limit on deployed throw-weight which can be translated into explosive power, and it sets no limit on the payload, aircraft numbers, or warhead numbers of manned bombers. (SALT II does all these —— things.) I would like to believe that START is a service for mankind. I would like to hear Mr. Reagan explain precisely why this is so. I would also like to hear him. or somebody in the Administration explain why they feel anything I have said here today is wrong. " BMANCIN& TUL BJtefT IS JUST UM KUPIN6 VOW VIRTUE. VOUHKVt TO SWr Reagan administration which refuses to seriously negotiate strategic arms The Soviets are not ahead, nor do theyperceive themselves as ahead On the contrary, they see the Reagan defense program as seeking to create U.S. strategic superiority whatever that may mean. I have no inside knowledge of Kremlin thought, but all logic and all presently available evidence argues that the Soviet response to the Reagan defense program will not be greater amenability to negotiations but rather an augmented strategic program of their own "NO." ] ' J .4 J| / l|/ AfO K7 i UJH/\1 J i YMnTTQVOU.HONLV&ONKV, — J ] , to join in formulating an inter- c. The Genocide Convention of 1948 which prohibits the murder, extermination or intentional destruction in whole or in part of a national, ethnic, racial or religious group; f. The United Nations national convention for the complete elimination and prohibition of all nuclear weapons we as United States citizens have a special responsibility to urge our government to reverse its nuclear arms policy by adopting these measures. — --Mill*!! - jjfttjyfly ' \ ___wf A April 20,1983 •.■**: J. fivy*. \. ~ * Opinion. ■P.* '.*.*,*-' 14 �MADness... — — how much is enough? it is better to be conservative, to err on the side of safety." "These calculations, then, underlay the American nuclear force buildup in the 19605, and as we will later see, are still relevant to our argument that American national security will be gravely damaged by a nuclear freeze, which would prevent the sort of massive buildup that we again need to embark upon. Superficially, it might be assumed on the basis of the calculations I have just explained that a force of 300 strategic nuclear weapons would be sufficient for deterrence. Of course, this is most naive. To begin with, U.S. forces are designed on the assumption, in the main, that they will be used only in retaliation; therefore even after a surprise attack by the Soviet Union targeted on U.S. nuclear forces we need a force that is still capable of delivering 300 warheads on Soviet targets. Naturally, in making these calculations it is necessary to once again adopt conservative estimates: that the Soviet strike would work very well, and that large numbers of U.S. forces would be destroyed. To ensure that at least 300 would be left, it was necessary to have a force many times that size. Secondly, it must be remembered that the U.S. does not have just one strategic nuclear force, but at least three, and some would say four; land-based intercontinental ballistic missiles (ICBMs), submarine-launched intercontinental ballistic missiles (SLBMs), and intercontinental bombers. In addition, the U.S. has some fifteen aircraft carriers with one hundred or so nuclear fighter-bombers aboard, and many thousands of shorter-range missiles and aircraft based in Western Europe. Though these forces are capable of delivering nuclear weapons on Soviet territory, we prefer to think of them as tactical rather than strategic, designed for fighting a war in Europe rather than attacking the Soviet Union. Therefore, we, at any rate, do not count them as part of our MAD forces. For MAD purposes, we count only the ICBMs, the SLBMs, and the bombers, which together form the "Triad." Now, the key point is that each component of the Triad must be separately capable of carrying out assured destruction. Once again, this is nothing but sound, conservative, and prudent analysis: there must be a hedge against the possibility that the Soviets might develop a technological breakthrough that would enable them to continued from page 2 destroy one or even two components of the Triad in a surprise attack. Hence, each arm of the U.S. retaliatory force must be capable of riding out an effective Soviet attack, and still deliver the assured destruction." bombs on top of each ICBM and SLBM. Cruise missiles are an even more exciting development: they are small; capable of being fired from any kind of aircraft, submarine, surface ship or mobile land launcher; yet capable of flying thousands of miles and deliver- "By now, one can see that a force of many thousands of ing nuclear warheads with nuclear warheads, dispersed amazing accuracy, perhaps over a wide variety of delivery soon to within ten yards of systems, is necessary — not their targets. Mirvs are already merely 300. And of course, the deployed by U.S. forces, so matter doesn't end there. that our present force strucPrudence further requires that ture consists of some 9000 we assume that many strategic nuclear warheads, far retaliatory missiles will abort larger and considerably more on launch, others will be shot accurate than the earlier down or malfunction on route, Model-Ts, so to speak, and still others will miss their in- about 7000 tactical nuclear tended targets, and so on. warheads (although they Naturally this adds many more naturally don't count for MAD to the assured-destruction re- quirement." "By the early 1970's the United States had a force of some three thousand nuclear warheads, not counting, of course, those on aircraft carriers and European bases. Even at that point, with this minimal force, there were cries of "overkill." Critics made much of the fact that the U.S. stockpile of strategic and tactical warheads was equivalent in destructive power to over 500,000 of the kind of miniatomic bombs that were dropped on Japan, that the U.S. submarine force alone could destroy every city in the Soviet Union with a population over 100,000, or that a single American B-52 carried more destructive power than all the weapons used in all the wars in human history, including the two atomic bombs dropped on Japan. Why, it was asked, did the U.S. need enough destructive power to kill every Russian ten times over? This sort of sarcasm may be rhetorically effective, and it is just this sort of unsophisticated emotionalism that underlies the current nuclear freeze movement. purposes, as I explained earlier). Cruise missies are now just coming into our inventory, but by the end of this decade we will have about 8000 of them to add to our other nuclear forces." "It is these developments that have revived unsophisticated notions of technology run amok, of weapons built as if for their own sweet sake rather than to protect our security, of forces far beyond those necessary for MAD Purposes, no matter how conservatively estimated. Indeed, we do seem to have come a long way from the original 300-warhead deterrent force. But it is precisely this new technology, so deplored by our modern Luddites, or by well-meaning but naive backers of the nuclear freeze, that is opening up a rich new menu of strategic options to enhance our security." "To begin with, it is not really true that a force of even 20,000 nuclear weapons is necessarily sufficient to deter. We in the strategic community have the responsibility of designing our forces on the basis of worst-case assump- "...by 1990 or so, cruise missies may cost as little as $50 each —'Family Deterrence.' However, the notion of 'overkill' sorely misses the point The U.S. purpose, of course, is not to kill every Russian ten times over; it is simply to kill every -Russian once, but we must really make sure." "Since the early 19705, two tions. Now it is a well-known principle of military science that one can never be sure that weapons will work until they have been operationally tested in the field, as it were. Therefore, despite our American force: multiple independently-targeted reentry vehicles (Mirvs), and cruise missiles. Thanks to Miry, we can put from three to fifteen separately targeted hydrogen build-up, then, is in part a hedge against the contingency unlikely to be sure, but one which prudence requires we guard against that nuclear warheads may not work under thousands of successful testmajor technological firings of nuclear missiles, this developments have made it is simply no substitute for the possible to vastly expand the real thing. Our current U.S. — — wartime conditions. Under there will be no practical limits that assumption, of course, on the numbers of cruise there is still far too little for missiles which could be prodeterrence, not too much. Our duced..Cruise missiles without hope is that as ballistic and warheads would be ideal for cruise missiles become in- Slingshot Deterrence. Or, altercreasingly accurate, we may natively, curise missiles armed soon be able to substitute conwith nuclear warhead could be ventional warheads on them provided to each and every and, with sufficient numbers, American household, thus st/7/ be able to destroy at least diversifying our deterrent 25% of the Soveit population structure and making it inand 50% of its industry. No vulnerable to a disarming first doubt this will require missiles strike. We might call this numbering in the hundreds of potential strategy: "Family thousands rather than tens of Deterrence." thousands." "Still another option could "Still further down the road be this: if we choose to make is an even more revolutionary full use of the incredible new development: the deterrent developments in technology, force that hedges against the particularly in accuracy, we possibility that not even conmay be able to restore ventional warheads will ex- discriminateness to warfare, to plode in a retaliatory attack, once again make war a rafor we must always keep in tional instrument of political mind that though conventional will. The day is not far off explosives have been with us when we will be able to equip for centuries, none have ever every missile with extraorbeen fired on intercontinental dinarily accurate navigation missiles under wartime condiand terminal guidance systems tions. Though seemingly fanas well as a variety of optical, tastic today, such a force may auditory, and olfactory senwell become a reality before sors — people sniffers — first the turn of the century. And it developed by the United is here that we see the true imStates in the Vietnam War, but portance of rejecting the now reoriented to seek out nuclear freeze and continuing Russians rather than Vietour current program of rearmanamese. Indeed, these ment, for it is laying the basis weapons will be so accurate for several highly desirable op- that we will be able to intions." dividually target particular "The first of these options Russians, by name! Once this may be assured destruction capability is attained, the without any explosions at all, United States will be able to nuclear or conventional. With fight infinitely more selective, a sufficient number of long limited wars for limited pur'range missiles, we call kill 25% poses, targeting our missiles of the Soviet population and only at key Soviet leaders', and destroy 50% of its industry sparing innocent lives through the sheer weight of fall- altogether. For example, suping objects. The elegance of pose that in 1990 the Russians this, of course, is its utter were to try a limited land-grab simplicity: we need not rely for in, say, Denmark. We respond our safety on highly comwith a show ofresolve, smackplicated technology which ing Andropov or whoever right conceivable could fail in the in the head with a noncrunch, only on the time-tested explosive, long-range, terlaw of gravity. We in the Adminally guided, individuallyministration have tentatively labeled this option as "Slingshot Deterrence." Of course, the expense of the massive new build-up of longrange missiles necessary for Slingshot Deterrence would be considerable, but not as much as might first appear. Given the convergence of a range of technologies, cruise missiles will inevitably become smaller, lighter, and more versatile, and will soon benefit from the cost efficiences of mass production. According to some estimates, by 1990 or so cruise missiles may cost as little as $50 each, and could be fired from an ordinary handgun. (Indicentally, this, of course, is one of the many reasons why we in the Reagan Administration also oppose handgun control.) At this point. programmed, fully- maneuverable warhead, capable of tracking him right into the men's room of' the Kremlin. For those of you familiar with the current strategic trends, this is what is meant by a 'decapitation op- tion." "It is for all of these reasons that we must oppose the nuclear freeze. Far from being excessive, far from embodying overkill, the current" UrS. nuclear force structure is woefully inadequate, the fruit of years of unilateral disarmament by the Carter Administration." So ended my interview with the senior spokesman of the Reagan Administration. I came away much enlightened, and I am passing his comments along as a public service. We're Number One In Military Power! but we're number 18 in Doctor-Patient ratio number 15 in infant mortality L number 9in life expectancy — — i fffd/k /|fl|sP*' — ——^ How Strong Are We Really? 15 'bnir>l_n '-*orif'_o,''49«_ 1 |l \ , M|^^H t '.. *m Center �Deployment of Cruise Missiles To Escalate Arms Race Alan B. Sherr Editor's note: The following article appeared in the February 1982 edition of LAN AC, published by the Lawyers Alliance for Nuclear Arms Control. by Though public attention has focused on the MX Missile and the B-1 bomber in President Reagan's comprehensive plan for developing our strategic nuclear forces, in the long run neither is likely to have as great an effect on our national his decision to deploy cruise missiles. For a variety of reasons, cruise missiles will substantially damage efforts to achieve effective nuclear-arms control, thus undermining rather than security as enhancing America's national security. The United States plans to cruise missile make verification of the numbers and locations of these weapons virtually impossible. Because the cruise missile is only about 20 feet long, can be easily hidden from satellite surveillance and other existing "national technical means" by which each superpower successfully counts the other's missiles and launch silos, bombers, and submarines. Cruise missiles could be secreted in internally modified commercial aircraft, or in almost any vehicle, for example an aircraft carrier or a truck. A single wide-bodied commercial jet could carry and launch several dozen. Even though the United States may not plan to deploy cruise missiles this way, the mere potential for doing so is destructive to arms control. There may be no practical way, once deployment has begun, to assure the Soviet Union that we won't create a secret cruise-missile force. When the Soviet Union responded by building its own cruise missiles, we would deploy more than 3,000 airlaunched cruise missiles both on B-52's beginning in 1982 and on B-I's in subsequent years; several hundred sealaunched cruise missiles on submarines beginning in 1984; and 464 ground-launched similarly be left in doubt. Even assuming that both cruise missiles in Europe beginsides could be satisfied that ning in 1983. All three types of cruise cruise missiles would only be missiles are formidable carried in specified types of weapons. They are small and vehicles, such as submarines, mobile, self-guided in flight, problems would remain. How and could be highly accurate. could it be verified which subIronically, some of these marines carried cruise missiles characteristics spell disaster and which did not? Because you might not be able to tell for arms control. The size and mobility of the whether a submarine had cruise missiles by examining it from the outside, on-site inspection would be necessary. The unpleasant alternative would be to count all submarines as cruise-missle carriers, thus inflating the number of nuclear weapons assumed and permitted under any future arms-control agreement. If for no other reason, the enormous cost of weapons such as the MX and the B-1 ensure that they will be seriously debated. In contrast, the advertised low cost and gress in supporting and initiating legislation concerning the freeze of nuclear weapons, but also have been in the forefront of exposing "yellow "Nuclear Freeze", the theme of a little sideshow which took place in Washington about three weeks ago included, rain"-Soviet and Soviet-backed besides demonstrators and use of bio-chemical weapons counterdemonstrators, a in Laos, Cambodia, and resolution to freeze all nuclear Afghanistan. The Soviet's inarms. Ironically, if one were to volvement with this chemical implement this preposterous warfare is a clear violation of resolution, its ramifications the existing arms agreement. Some wonder how Reps. would include that both sides keep the nuclear weapons that Solarz and Leach, as well as they have rather than, as Presi- those involved in the nuclear dent Reagan has proposed in freeze movement, could believe that his zero-zero plan, that both possibly sides eliminate their weapons. everything would be fine if we People in the "nuclear freeze" just gave the Soviets a promovement have deluded posal for a freeze, in light of themselves into believing that the Soviets past record of a "freeze" resolution would violating the treaties that we Our somehow promote peaceful sign with them. Geneva is task in negotiators disarmament. At this point, the words of difficult enough without Conthe resolution are immaterial. gress trying to usurp their Proponents of the freeze want bargaining positions with to vent their strong desire for a meaningless resolutions. The world without the risk of real issue, which many in the nuclear war. Why do many of freeze movement like to igthe zealots within this move- nore because it diverts their atment find it unfathomable to tention from chastising the believe that all people share United States, is how are we their desire, but not their belief going to convince the Russians that the best way to reduce the to allow us to verify their comchance of nuclear war is to rail pliance with any treaty that we against unpleasant realities sign with them. and campaign for a return to The difficulties in ever getting any treaty on this subject it paradise. Many think that would be wiser to do what we is going to be quite difficult, if can to deal with this world, not impossible, not because of with the realitites that we con- the way the United States apfront in the here and now: the proaches the negotiations, but Soviet Union is a totalitarian, because of the way the Soviets oppressive, closed, ambitious, approach them. They lie and military power. Their record of cheat. From "yellow rain" we know that they have the will brutality is not a secret. On the House Foreign Afand cynicism to cheat, and we fair. Committee Reps. Jim' have learned, through our Leach (R., Iowa) and Steven SALT I treaty, how hard it is to Solarz (D„ N.Y.) have not only detect and prove violation*. been irt the' forefront of ConWithout some type of mutual- tant. Cruise missiles have been a subject of strategic nuclear arms talks, however, since the mid-19705. Why then are we about to deploy weapons that strategic advantages of cruise will ultimately prove so inmissiles present them as expe- imical to our national security? dient alternatives, thus In large part, it is because of creating such anomalies as ag- the desires of military gressive advocacy, by prostrategists and defense conponents of nuclear-arms contractors to take immediate adtrol, of cruise-missile deployvantage of our temporary ment on B-52s as an alternative superiority in cruise-missile to the B-1. The number of technology. We are thus cruise missiles deployed by the repeating the mistake made in superpowers is thus likely to the 1970's when we rejected be pushed upward in coming the opportunity to ban MIRVs years, and proliferation to (multiple independently other nations made more like- targetable re-entry vehicles) iv- Soviet MIRY technology, coritributes substantially to the theoretical vulnerability of our land-based intercontinental ballistic missiles. It is time to reassess our long-term interests. If we deploy cruise missiles now, we will be tying the hands of our nuclear arms negotiators in the future; they will not be able to negotiate away a quantity that the Soviet Union cannot measure. The Soviet Union will then deploy its own cruise missiles, thereby completing destruction of the underpinning of nuclear-arms-control agreements: the capacity for mutual vertification. The Soviet Union has not yet developed and tested cruise missiles, and the United States has neither produced them in large numbers nor deployed them. Mutual verification of a ban on production and deployment is still possible. It is of the utmost importance that we do not allow this rapidly evaporating opportunity to because we had them and the pass. It is not difficult to envision Soviet Union did not. Today, The Last "lust" War continued from page 5 World War 11, has become our basic strategy for "defense." Examination shows that the Allies were wrong about the military necessity of obliteration bombing. Terror destruction of working-class neighborhoods did not reduce Which Side Of Paradise? by David Allen Cass a world in this century in which cruise missiles with nuclear warheads abound on all oceans and continents, in which no country is confident of their whereabouts, and, indeed, in which there is no certain way of identifying which country has launched a cruise missile on its winding way to a target thousands of miles dis- ly verifiable agreement, there will never be any type of nuclear treaty. Among those who discuss a nuclear weapons new burst of talks concerning on-site inspection has recently been proposed. Naturally, the Soviets have refused on-site inspection talks. They cite as their reason the propehsity of the United States in sending CIA agents inlio their countries under the guise of diplomats. Recently, the Soviets not only refused to participate in an international treaty to ban chemical warfare but also to establish an international onsite inspection team to verify military output. It did not destroy the political will of the people. There is no good evidence that destruction of Germany's cities significantly shortened the war. Terror bombing did kill more than 600,000 people in Germany and establish the principle of mass murder which may lead the world to doomsday. Herein lies the great difficulty in excepting ourselves from moral behavior "when the chips are down." Not only do the circumstances later prove not to have been emergencies Hitler could not have brought off an invasion of England in 1940 but once an exception is made to decency, the indecency becomes single Poseidon submarine, of which we have thirty, can make a Hiroshima of every major population center in the Soviet Union. The immorality of exception has become the accepted policy of otherwise decent people. Officers who would never think of beating their wives calmly rehearse the annihilation of entire cities. Human survival hangs by accithreads, threatened dent or malfunction, never more than twenty minutes Our use of terror bombing, rather than being suspended once the emergency passed, actually increased. Some 85 per cent of all Allied bomb tonnage was dropped after January 1,1944, when German defeat was obvious. The exeption-become-policy culminated in the unjustifiable destruction of Dresden, a refugee center, during a children's carnival; and of Hiroshima and Nagasaki, at a time when a defeated ag- respect of life remain imperil- — — habitual. nuclear weapon testing. It seems that seismic indicators show that the Soviets have been testing weapons which exceed the allowable megatonnage limitations as established gressor was already petitioning in the 1974 and 1976 test ban for surrender. Walzer condemns this continuation of tertreaties. Since it is inevitable that ror bombing, once victory was Reagan's goal of the total assured, without recognizing elimination of nuclear inevitability. No weapon, once weapons in Europe will not be introduced, ever has been realized, due to the fact that withdrawn for moral reasons. When Churchill opted for the Soviets have refused to bombing in 1940, he was area position, on that negotiate a one-time decimaking not Reagan must now come up with some type of com- sion. Rather, he set into motion promise. He must also show a process which now returns to the Soviets that the Western haunt its instigators. Hitler defeated, Stalin imcountries if forced to, will deploy nuclear missiles in mediately replaced him as the Europe at the end of the year. personification of a threat Hopefully, the Russians will which perpetuated the take us seriously, and "supreme emergency" mennegotiate pragmatically. tality. Communism became the objectified evil that Verification is the key. Without a change in the justified any means necessary whole complexion of Soviet to assure its defeat: "Better society, one wonders if arms dead than red." Accordingly, •control will ever be a reality. we aimed a nuclear arsenal at innocent civilians. note: the allegations ot Soviet treaty millions of fired, from a Today, violations have never been verified. ... from obliteration. Churchill did not misjudge the danger that Nazism represented to human decency. He did misjudge the danger of his own immoral response. Britain survived. Simple decency and ed. Pacifists believe that Hitler had to be opposed, but in ways which preserve the fundamentals of human dignity. The battle that needed to be fought against Hitler was far less a political or military battle than a moral one directed frontally against his disregard for the sanctity of persons. Even Hitler recognized that "any attempt to combat a philosophy with methods of violence will fail in the end, unless the fight takes the form of attack for a new spiritual attitude" [Mem Kampf). Had not the conscience of the West remained silent, Hilter's inhumanity to the lews and others could have been publicized, protested, and hampered by concerted efforts far less costly than the war which finally destroyed him. Nonviolent resisters, like soldiers, would have suffered greatly and often would have failed, but their failure in the end Id have been less than that of the war itself. For all its its sixty million costs the war did not casualties bring liberty to Eastern Europe, over which the conflict began; did not achieve world peace; did not free us from militarism; did not bring decency into the realm of international relation- —— ships. M*rch.2Q, ,1?83 Opinion 16 �A Special Edition Vol. 23, No. 12 Editor-in-Chief Earl R. Pfeffer Military Policy and Nuclear War EDITORIAL This issue is truly a collective.effort, representing many hours of research and commitment to the cause of peace by several individuals. The articles speak for themselves, yet some introduction to them is in order. The specter of nuclear war entered our national consciousness nearly four decades ago, and most people have come to believe that nuclear weapons are a necessary evil of the modern world. As thebulk of articles in this issue demonstrate, we take exception to that view. The threat of nuclear holocaust will hang over our lives only so long as we fail to exercise popular resistance to policymakers who have an insatiable hunger for these implements of destruction. Indeed, democratic initiatives against nuclear proliferation are beginning to gain momentum and, as the articles on page three demonstrate, this new movement has the military establishment very worried. We ask you to read the page three articles those written in opposition carefully and critically, and consider them in to the proposed freeze light of the remaining contents of the newspaper. Compare all the articles in terms of documentation, historical foundation, and reasoned argument. Perhaps you'll find, as we did, that our government has not always told us the truth. Moreover, you might discover that the real issue boils down to this: "Can we trust the Russians?" The military-minded seem to take it on faith that we cannot. They expect you to share their conclusion that a freeze would endanger our national security, yet they offer no evidence which supports their belief that the Soviet Union cannot be trusted to observe arms control and disarmament initiatives. They argue that the Soviet Union is a closed society, run by a repressive regime, and therefore cannot be relied upon or taken on its word. Yet we can count among our more trusted allies some of the mpst brutal governments on this planet South Africa, The Philippines, Cuatemala and Paraguay, just to name a few. Supporters of our present military buildup will also argue that the Soviets, through their foreign policy, have shown they have expansionist designs which must be contained. Yet in the post-World War era our own foreign policy has been far more interventionist, ranging from direct military involvement in Guatemala, Vietnam, and the Dominican Republic to covert operations such as that which supported the overthrow of a freely elected government in Chile by a sadistic and violent military junta. Nevertheless our leaders are prepared to have us travel the road to Armageddon, all on account of the Soviet threat. But consider the following: the Soviet Union has yet to violate any of its military treaties with the United States; the Russians have ratified and observed SALT II despite our own failure to approve it; the U.S. has the satellite potential to read license plates on cars in Moscow, making it very difficult for the Soviets to do much of anything without our knowledge; and we remain the only nation in the world to have waged nuclear war or to have threatened the use of thermonuclear devices. Moreover, our President has lied to us about the strategic balance (See Rep. Downey's statement on page one.); this alone should giverise to grave concerns about the true motivations of those currently in power. Perhaps the arms race does boil down to a matter of trust: how much longer can we entrust our futures and our safety to mad people who choose to divert our national wealth to the creation of tools of mass destruction all in the name of defeating an enemy made up of mothers and fathers no more desirous of sacrificing their children and their planet on the altar of socio-economic principle than we are? Some would call me "soft on communism," but personally, I cannot understand the use of nuclear weapons to defeat any enemy even the most sinister for only while there is life can there be hope for liberation. — — — Wednesday, April 20,1983 J. , . Managing Editor Glenn Frank News Editor: Feature Editor: Photo Editor: Arts Editor: Ray Stilwell Mary Ellen Berger Gary Games John Stegmayer Business Manager: Frank Bolz Special Edition Consultant: Larry Spielberg Staff: David Allen Cass, Wendy Cohen, Lisa Kandel, Michael McGorry, Vivian McWatt, Jill Paperno, Mike Reilly, Anna Marie Richmond, Lou Roper, Joe Ruh, Amy Rufh Tobol, Jud Weiksnar Contributors: Anne Casper, Bridget Fitzgerald, Professor Charles A. Haynie, Paul Laub, Professor Virginia Leary, Michael G. Mercado, Professor Jerome Slater .• © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student f newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed j in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered ( at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. | J 1 What's Inside 11 — — Earl R. Pfeffer Editor-in-Chief International Law and Nuclear Weapons History Behind the MX Reagan Falsehoods Exposed Letters to the Editor A MAD Look at Nukes/Takes Stand The Navy's View Religious Group Against the Military Was World War II a "Just" war? Two Soviet Dissidents Discuss Arms Race The Nuclear Freeze Explained National Lawyers Guild Resolutions Survey of Local Anti-Nuke Groups fl '... The graphic by Boscove oh the cover of this issue was taken from War Heads: Cartoonists Draw the Line, edited by Steven Heller and published by Penguin Books in February of this year. % 5 1 t � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/86ca95e01aa023d9d7f6770aba86dcb6.pdf e943386b02a5bc8bbb8ce8363d3d5608 PDF Text Text THE OPINION Vol. 23:13 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apr. 27,1983 "Buffalo Model" Defended, Criticized At Open Hearing by Wendy Cohen B", in addition to fairly traditional classes such as ConstituIt was standing room only as tional and Labor Law. law students and faculty filled Associate Dean Schlegel O'Brien Room 106 on Wednesbegan his response to the day, April 13, to air their views students by relating his own on the curriculum at an open law school experience at a forum on the "Buffalo Model." prestigious institution, the The nontraditional approach University of Chicago. "I went photo by Earl Pfeffer taken to legal education at U/B to a very fancy law school, and Panel from left: Profs. Schlegel, Headrick & Hyman, and leaves students with serious had the legal education most students Roberts, Bond & Lane. gaps in their legal training, of you want," said Mr. making it difficult for them to Schlegel. His legal education pass the Bar exam, and leaving did not, however, give him any them at a disadvantage in the idea of what the legal system by A.M. Richmond first Black female judge in job market. These were some looked like, or how to solve a California; Catherine MacKin- of the many criticisms levelled problem in an area he had not The fourteenth National non, Associate Professor at against the curriculum by seen before. "What I missed in Conference on Women and the Minnesota Law School; Phyliss students at the forum. In law school was a sense of how Law met in Washington, D.C., Segal, of NOW Legal Defense response, Dean Headrick and the legal system operates, how April 7-10. Approximately and Education Fund; and Associate Dean Schlegel tried to make an argument and write twenty students of U/B Law Nadine Taub, Professor at to demonstrate that a curSchool attended, joined by Rutgers-Newark Law School. riculum which de-emphasizes faculty and community MacKinnon opened the legal doctrine and stresses the members. workshop by defining legal system itself can turn out The Conference theme was feminism as an "attempt to better lawyers, more adept at Unity and Empowerment. define the world from the solving problems than those by David Cass Reflecting that theme, many of standpoint of all women." trained only to memorize a the,more than 250 workshops "Law," she said, "is an expresDean Headrick is going to be shifting body of rules. focused on increasing sion of the masculine perspectaking a leave of absence from "Many perceive of the Bufwomen's control over their tive on social life. .. The probfalo Model as a grand experithe law school during the fall lives. Workshops explored lem for feminist jurisprudence ment, with us as the guinea semester to pursue his pigs," charged third-year stuissues of domestic relations, is that we object to the strucresearch in the field of propereducation, employment, ture of Society." As an examdent Keith Bond, who along ty law. He is going to Oxford health care, housing, and im- ple/MacKinnon addressed the with third-year students Rick University to complete a series migration. Thirty-six law of sexual equality. Roberts and Bob Lane got of essays on the origins of proworkshops addressed special Because of the "masculine discussion underway by ex- perty rights and their applicaconcerns of women of color. standard implicit in the law of pressing some of the more tion to the modern socioThird World women, and les- sex equality," MacKinnon commonly heard complaints economic interpretation of bians, groups traditionally the argues that there are only two about the curriculum. Among property law. The Dean, havvictims of the most severe legalistic routes to sexual the questions the three ing been to Oxford on many equality under our current students asked were "What previous occasions, is looking discrimination. Buffalo conferees attended system. We can either "view specifically is inadequate forward to completing his a diverse sampling of women as if we are about traditional teaching?" research and to being back in a workshops. Probably the single men. and. argue that and "Why isn't Law In Context place as charming and quaint workshop attracting the largest women are men who have taught after students have as Oxford. In Dean Headrick's absence, Buffalo contingent was been mistaken for women in grasped basic doctrine?" (This "Developing a Feminist this situation", or "view year's first-year class has been Assistant Dean Schlegel will become Acting Dean. When Jurisprudence." Panelists were women as men view women" required to take "Law In ConLaDoris Hazzard Cordell, the text A" and "Law In Context asked if he expected any continued on page 4 Women And The Law a complaint," he said, adding "my legal education was neither theoretical nor prac- tical." Stressing that the purpose of the Buffalo Model is to turn out better lawyers, Mr. Schlegel said that legal education, if conceived of as a body of rules, is of low use to those who will practice law in the future. By emphasizing how the legal system works and skills such as drafting complaints, Buffalo education is intended to be "both more practical and more theoretical." Turning to the question of finding jobs in a tight market, the Associate Dean admitted continued on page 11 Oxford Bound Dean Bids Buffalo Farewell .. changes in the Law School with as Acting Dean, Headrick emphatically replied that he did not expect changes. The Dean reported that although Schlegel will be Acting Dean, Vivian Garcia, Allen Carrel, and Charlie Wallin will be in charge of running the Law School. Those people, along with the secretaries and administrators are the Law School, the Dean said, and it would take more than a one semester leave of absence to effect any change. According to Dean Headrick, he plays a lesser role in the day-to-day operations of the Law School Schlegel than most students believe. Goodbye Dean. Have a great time in Oxford. You definitely will be missed. UB Law Students Win Advocacy Competition by Wendy Cohen during the last week of July. As John pointed out, U/B teams Second year students John have done well this spring: Curran and Len Gulino Ben Zuffranieri and Wayne emerged from the final round Gradl won the Mugel Tax of the Appellate Advocacy Competition held at U/B, Bill Moot Court Competition as Hochul won the Best Oralist winners, in spite of a disagree- Award at the Craven Competiment over scoring procedures tion in Chapel Hill, North which nearly kept them out of thefinal round. "This is more a story of the trials and tribulations of getting into the finals, in the first place," said Len, commenting on the procedural disagreements which left the semi-finalists in the Competition from knowing who would argue in the final rounds until the last minute. As winners of the regional Competition, held at Brooklyn Law School on April 8 and 9, Len and John will go on to compete in the national Competition to be held in Atlanta 1 tional products liability act, similar to one currently under consideration by Congress, has been passed and its constitutionality is being tested. The tion, North Central Region. a presented problem The problem that Curran federalism question, argued by and Gulino argued asked Len, and a due process quesstudents to assume that a na- tion, argued by John. They were assigned to represent the petitioner and argue against the products liability act in the first round of the Competition, which they won by thirty points. They lost the second round by a two-to-one vote, but finished third highest in Carolina, and the law school's Jessup team captured a second best brief award at the Jessup International Law Competi- overall points after the preliminaries, allowing them into the semi-finals. While Len and John won their semi-final round against the team they had lost to in the second round, they nearly didn't get into the final round because of a procedural photo by M.E. Berger dispute. The controversy Victorious second-year students John Curran & Len Gulino centered around whether the rules mandated single elimination semi-finals, which would mean that the winners of both semi-final rounds would face each other, or whether overall point standings should determine the finalists. While the host school's rules called for single elimination semi-finals, the National Student Director of the American Bar Association's student division, whoi was present, apparently felt it would be unfair for the losing team in the second semi-final round to be eliminated, since that school had the highest overall point total. Because it was Sunday, it was difficult to get in touch with anyone in a position to straighten out the rules. So, even though the final round was originally scheduled for 3:00 that afternoon, Len and John did not know they were going to argue until nearly 4:00. continued on page 15 �Letters on the Buffalo Vol. 23, No. 13 Wednesday, April 27,1983 tditor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editor: Lisa Kandel David Cass Kathy O'Hara Rob Sant Photo Editor: Business Manager: Contributors: Barbara Barton, Nick Capobianco, Wendy Cohen, Andrew Friedman, Len Gulino, Jill Paperno, Mike Reilly, Anna Marie Richmond, Melissa Rosse, Joe Ruh, Jud Weiksnar Editors Emeritus: Francis A. Bolz 111, Glenn Frank, Gary Games, Barbra Kavanaugh, Earl R. Pfeffer, John Stegmayer. © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. LT. Ur_v«r*v|prMS Freedom of Opinion Today marks the last issue of The Opinion for this semester at U/B Law School and the first issue for a new editorial board. As professors and instructors wind down their courses, and students and near-graduates rev up for exams, we may do well to pause for a moment's reflection upon our individual roles within the academic polity here at U/B. The nature and characteristics of the curriculum offered us as law students has been very much in issue recently. We at The Opinion work diligently to provide an open forum for the expression of ideas by both students and faculty. We commend the administration for providing the open forum on April 14 on the "Buffalo Model" and for fielding a wide array of questions and gripes from student members of the U/B Law community. We urge the administration, however, to consider the issues raised as still viable and very worthy of deliberation Many students fear that the open forum was merely a gesture of appeasement and lacked any substantial commitment to change. In the same vein, we urge students concerned with the content and direction of the curriculum here to follow up on their concerns and to act responsibly to effect change where needed Freedom of thought invariably leads to differences of opinion This is evidenced every day in the classrooms, newspapers, and conversations within a democratic society. Liberty has an intellectual quality to it which must be exercised in order to ensure that all members of the particular community affected by those differences of opinion are heard We are best suited to protect our own liberties and, therefore, must act to be heard As law students, we know that there are many sides to every issue in dispute As the voice of law students. The Opinion welcomes all of these sides to represent themselves within our pages throughout the upcoming academic year In this way we may hope to formulate a public passion tor the law school community and become responsible members ot the U/B Law polity Model Law & Policy Are Inseparable Dear "Anonymous": I often feel troubled about the faculty and administration at Buffalo, but the source of my concern differs so greatly from yours that I thought I should attempt some response. First of all, I am confused. You seemed first to say the faculty are not concerned with students and their needs. Then you object to the content of the courses. As for the first, I have had the worst and the best teachers of a long student career at Buffalo Law School. But your letter is wrong when it completely fails to take into account the open doors, personal concern, and excellent teaching of many; this has been my own experience with Jim Atleson, Fred Konefsky, David Engel, Ken Joyce, Paul Spiegelman, Betty Mensch, Al Katz, and more. I think it is unfair to describe the faculty in a lump as uncaring and insensitive. I would also note that the professors I have found least approachable have been those who teach those type of courses you most desire to see; I believe it is more than coincidence. Politics can be a way of life for some committed people. I also found the remark about the faculty member who can't teach on Friday due to her child care situation a little strange; a 4-day work week due to the increasing number of women in the work force is not a new idea. I like the idea that an institution is flexible enough to take individuals' situations into account. Maybe you don't like her teaching, but this criticism was, I thought, cheap. I also didn't understand if you wanted more commercial law courses or less left-wing politics in current courses, or both. As for the latter, I believe those who attempt to teach the law as if it is apolitical are fools or evil or both. Presumably what you want is first "the law" and then a commentary. I sympathize and agree; that's what I want too. I tend to find the commentary Sign In, Please!! Our editorial page has sparked a great deal of debate on a variety ot issues in the past year, and we of course welcome this. However, we are concerned about the number of letters that have been submitted in com- plete anonymity Such letters concern us because they implicitly limit the scope of the debate that they simultaneously cause (see the Editor's Reply to the "Buffalo Model Chastised letter in the April oth The Opinion) We also have more down-to-earth concerns: if we are uncertain of an author's intended words in an anonymous letter, we have nowhere to turn to find out what was intended When editors are concerned, they usually formulate editorial policies, and the recent spate of anonymous letters has inspired us to formulate one Beginning with this issue, we will only publish letters to the editor that have been signed by theirauthors. We will insist upon this measure of accountability in order to preserve the integrity of our editorial page and the intentions of the authors whose letters appear on it At the same time, however, we recommit ourselves to printing, unedited, all the signed letters that we receive; further, we will, upon request, withhold the name of any author We hope that this policy will not limit the views that our letterwriters express. We have promulgated rules, that all of our editors will follow, that are designed to protect the confidences that authors place with us The rules are fairly complex (we will show them to anyone upon request), but they basically limit knowledge of an author's identity to one member of our editorial board. In sacrificing your anonymity to this one individual, in return you will receive both a promise to publish your letter as you want it and assurance that it will say what you intended it to say. We realize that not all authors will know of this policy, and that others will not abide by it. if we receive a letter without a signature, we wilt not publish it unless and until it is signed. One of our editors may attempt (discreetly, of course) to contact you and obtain your signature so that your views may be published We hope that you will respect our intentions in attempting to contact you in such circumstances, just as we will respect (and protect) your right to publicize your views without publishing your name below them. Opinion 2 April 27, 1983 of the left more convincing, provocative, and thoughtful so I prefer it. But good presentation like this is a teaching problem; there are many shitty teachers ranging across the political spectrum. If you want politically netural teaching, I don't think you can have it. If you just don't like left-wing you teaching, I don't care will find a lot of support out there. This is a tiny little corner of the world where the dogmatic content is more left — or liberal than ususal; the world doesn't care that the left gets ignored out there. It's just when you're down in your context that it's tough. But if it's good teaching and provocative comment that you're after I am with you, and also wish the hiring process would give this — factor more weight. Course substance is a harder question for me. I have had Evidence, for example, from a straight practitioner whose concern for legal history and jurisprudence and context are non-existent. I'm afraid many students in the class claimed that their Qs were the result of a weekend of Bar Review tapes, yet many felt this course really gave them the law and the latest cases. If this is really what you want more of, then I guess I agree with Schlegel! A final point is that it's possible that you're right when you say that the faculty might not care about students who want largely basic courses leading to a private, general, commer- Re the recent "Dippigate" editorial in The Opinion (April 6): I, too, have a grievance with the fact that SBA funding is apportioned for such activities, although my-complaint arises for a different reason. I question why I must pay for something in which I cannot take part, yet it is undeniable that most activities sponsored by the SBA are ones which I, as a handicapped person, either cannot physically do or cannot go to because they take place in locations that are inaccessible to me. SBA is not alone in practicing this exclusion. When I came to this school, the very first get-together for Orientation was held at an inaccessible location. With no exceptions of which I'm aware, all off-campus activities have taken place at bars or restaurants that are also inaccessible. I proudly joined the Moot Court Board this — — the big picture, you'll win. Law will stay out of context. Power is obnoxious only when you don't have it, and you, and all those who feel like you, do have it. In this tiny world you are momentarily down, and a few careers may get slow starts, but try to understand that some people think what you want from a legal career is evil... it doesn't mean they don't care about students; it just means they have another commitment. Name withheld on request Let's Do Our Job! To the Editor: The brazen display of vindictiveness that was publicly disseminated in the last Opinion Letter to the Editor ("Buf- falo Model Chastised") disturb- ed me for two reasons: 1.) it was anonymous and therefore, for all I know, I am berating a close friend in a public forum, and 2.) it was a carefully done, complete expose of the student malaise that appears to pervade institutions of higher . year. and the dinner to honor competitors was held in an inaccessible building. I begin to wonder if I'll be able to attend my own graduation. Lest you think otherwise, accessibility does not mean simply being able to get in the door. It means also convenient parking and the use of restrooms modified for the handicapped. Would any of you expect or be able to attend an all-night party serving alcoholic beverges without being able to use a bathroom? Then why should I? By continuing to sponsor ac- tivities in which handicapped students cannot participate, SBA and other organizations perpetuate Apologies education. I've had an opportunity to study at many schools and it would be very much a lie for me to say that "Buffalo Model" complaints were not somewhat justified. Administrators are never perceived by students to be acting in their best interest, and faculty always seem to be too obsessed with publishing (usually because this carries so much weight when evaluating candidates for tenure) and too carefree about classes. U/B Accused of Bias To the Editor: cial, ana 1 corporate practice, and who fail to recognize the values and way of life that such a career affirms or if recognition exists, who are indifferent to the sources and consequences of most lawyering as a profession. You will get a lot of strokes out in the world for what some professors here might consider participation in and affirmation of a way of life that is basically wrong or immoral. The left is stuck with the world, and you're only stuck with one little law school. If they hate what you're going to be doing, they can't pretend to care if you get the kind of legal education you want they think it participates in the creation of misery. You're unhappy because the one place they dominate you got stuck.. I understand, but I bet you'll get to be a lawyer anyway and I bet the U.S. won't change so in discrimination. However, two-thirds of a pie does not a whole pie-make (ex- cuse my profundity). What I mean, people, is that we all put about as much effort into this adventure as Ralph Wilson puts into the Buffalo Bills. It is amazing how responsive professors are to students who actually do the work they are asked to do. Why, just last semester I got serious, helpful input from a professor in a seminar course and, to my everlasting flabbergastation, it was easy for me to reach him at his office during the day! Now, I know this doesn't happen every day, but you know what does happen almost every day? Almost every day, in at least one class, somewhere in this law school, a professor asks a question based on the assignment and, as surprising as this may seem, nobody in the entire class is intelligent enough to articulate an answer. Nobody. Maybe the problem is that half of the class capable of answering the wear thin, and whether or not this exclusion is intentional makes no difference to the handicapped student who, either way, is denied the opportunity to par- question off class that ticipate in such activities and day. Or blew half of the class maybe thus is never an integral part of that did the reading fell asleep the student body. and missed the question. Barbara C. Barton continued on page i �SBA President Answers Dippikill Allegations To the Editor: I would like to address a few of the points raised in the last The Opinion editorial. In addition to factual errors there were policy questions which deserve a response. First, you referred to "several students" who both voted for the funds for the Conference on Women and the Law and would benefit from this vote. Although I would argue that the entire school (and thus the entire Board) benefits from large attendance at a conference, there were only two Board members, not several, that fell into both categories as you presented them. You also stated that the student who moved to increase the allocation of funds from the $150 to which the group was entitled was attending the conference. Although a woman did make this motion she was not planning on attending the conference. Why the assumption? The implication that she would benefit financially from her motion was wrong. You might have avoided presenting incorrect information by attending a meeting or speaking with an SBA Board member. Finally, the SBA spent much time this year investigating the funding of a variety of events. The Dippikill trip, as one of these events, became a controversial issue as a result of questions by SBA Board members who felt an obligation to those students they represented. In addition to having voted as representatives of law students on issues (like the student union vote) Board members have also acted as representatives of students. It seems that Board members are in a no-win situa- tion. When they vote to represent students they are told in an Opinion editorial to "Speak for yourself." When they act in a representative fashion, their actions are ignored in an editorial evaluation of voting behavior. Your implication of self-serving irresponsibility is out of line. These issues are minor compared to your final statement on SBA Board members "voting money into their own pockets." Ours is a school of about 770 students. There are approx- Third Year Runner Wins Race Judicata This year's edition of Race stretch duel took place beJudicata was won by third-year tween Seth Fitter and Jud student Jay Jenkins. Jenkins Weiksnar for third place. ran the two and a half mile Weiksnar pulled up alongside course in a time of 13:54, a 5:34 Fitter with fifty yards to go, but mile pace. Beth Ginsburg Fitter was able to hold off nugged out Linda Nenni with a strong finishing kick to take women's honors. Overall winner Jenkins took the lead for good at the half mile mark from a fading Tom McCarthy who finished eleventh. Jim Riley finished second, eight seconds behind Jenkins. An agonizing home Weiksnar's "go-for-broke" finishing flurry to finish ahead by a neck. Molly Roach finished third in the women's division and Tim Payne rounded out the Men's top five. Joe Mcßride took the "turn-out-the-lightswhen-you-leave" award with his valiant last place finish. New Society Touts Entertainment Law by Melissa Thompson Rosse The Buffalo Entertainment Law Society (BELS) has sponsored the second in a series of lectures concerning art and the law since it was chartered by the Student Bar Association this past January. Michael Trimboli, Esq. with the Buffalo firm of Falk & Siemer, spoke to a crowd of enthusiastic students on the intricacies of "Representing Recording Artists" including insights into the problems artists face with managers, agents, and attorneys who attempt to launch their clients' careers with a modicum of success. Mr. Trimboli's entertainment law practice runs the gamut from representation to musical Cohen, Swados, Wright, Hanifin, Bradford & Brett, who spoke on the financial aspects of producing professional theatre. Both Mr. Swados and Mr. Trimboli who kindly donated their time and energies wish to return for the 1983-84 lecture series to assist BELS in its commitment to the arts. BELS is dedicated to raising awareness of the arts in the law school community by providing informational lectures and materials on related legal issues in the arts. Next semester, BELS is planning to begin the implementation of a referral service for indigent artists in the Buffalo area to local attorneys willing to provide legal aid on a pro bono or reduced fee basis. With the ensembles like the Amherst help of its membership and the Arts Development Services, inSaxophone Quartet, to contract negotiations for stand-up to which BELS has recently comics and recording perbeen accepted, BELS hopes to sonalities. Mr. Trimboli was succeed with this activity. If you are interested in finddelighted to speak with students individually after the ing out more about the Buffalo lecture at the wine and cheese Entertainment Law Society or have suggestions for future reception sponsored by BELS. The first lecture sponsored lectures and activities, please by BELS was given by promi- contact Melissa Rosse, Box No. nent attorney Robert p. 465 or Dan Elias, Box No. 331. Swados, partner in the firm of BELS is here to serve you. imately fifteen active SBA meeting announcements for any student interested in addressing the SBA. most are involved with a Should SBA members be number of student organizaprohibited from participating tions. Often their desire to in events from which they may represent varying interests receive such benefits? If not, leads them to student governperhaps abstaining from voting ment positions. is the solution. (Yes, it has been As the school is relatively discussed at SBA meetings small, and SBA students are exall were invited to attend tremely active, Board meetings throughout the year.) members often will benefit in If students were to abstain some way from SBA funding each time their interest might decisions, as will the rest of the be served, three problems student body. This benefit may would arise. First, students be in the form of money would not be representing the defraying students' costs for a interests of those who elected speaker, a wine and cheese them. Second, students would reception, additional CDO have to decide prior to voting materials, a convention, a whether they would parmoyie or a social event. ticipate in an event. Third, It is hoped that as many students choosing to allocate students as possible will take funds for an event would then advantage of SBA funded be precluded from attending events. Emphasis throughout it. the year has been on publicity This scheme of preventing and increasing student students from voting on issues awareness of law school acwith which they might be intivities. These publicity efforts volved could present absurd have included weekly posting results. The entire Board of of an SBA agenda, minutes and Directors would be required to funded student groups. Of the twenty-two Board members, — abstain from a vote on allocation of additional funds to the Commencement Dinner Dance as such funds would directly reduce ticket costs, and many Board members were planning to attend. Perhaps Board members should be required to abstain from votes on funding groups they are involved with during budget hearings. Of course, this is a ridiculous suggestion. But it is only an extreme example of the suggestion that students refrain from supporting activities from which they may benefit. As SBA is intended to be organized on the basis of representative democracy, perhaps the best solutions are to vote for students who will serve your interests, to attend meetings and to find out who your representatives are. Perhaps some will be satisfied that we didn't vote ourselves a pay raise this year. Jill Paperno, President Student Bar Association Students' Attitudes Denounced continued from page 2 Regardless, the fact is that I have sat in classes for several minutes of awe inspiring silence only to have the not-sorhetorical question answered by the professor who asked it. Some of you may think that we are all dumbshits who don't comprehend what we study. Personally, I think we are all (including me) too lazy and too pompous to waste our time putting a little effort into something as meaningless as class. So, here is what I propose: Instead of complaining about authority (a complaint about as unique to U/B Law School as pimples are to Valley Girls) let's all get our assignments done a week ahead of time, reread them before class, be as responsive and controversial in class as possible, do pro-bono work for ten to twenty hours a week, audit classes like Commercial Paper when we get closed out (hey, it;s not the grade, it's what we learn that counts, . right?) and see if maybe the attitudes of the administration and faculty don't take a turn for the better. In the words of a man whose attitude I have long admired, "This ain't no party, this ain't no disco, this ain't no fooling around" except on weekends. With Dubious Sincerity, Jeffrey C. Johnson 104 Florence Avenue Buffalo, NY 14214 rude, anonymous comments call: (716) 634-8639. For HOUSING COMMITTEE NEEDS HELP As the 1982-1983 school year comes to an end, many law students will be vacating their homes or apartments, or looking for roommates. The SBA/Orientation '83 Committee, in its earnest desire to assist those incoming first-year law students who request off-campus housing, is asking that all law students who have vacant space to fill out the attached information sheet and return it to MB No. 304. Once this information is gathered, the Orientation '83 Committee will collate it, and use it. PLEASE COMPLY!! Name Address Phone Number : Class Miscellaneous (Circle or Write In) Furnished Unfurnished Male Female Smoking Non-smoking wdMSC Need Car How many vacancies April 27,1983 Opinion 3 �Unresolved Financial Aid Issues Remain by Joe Ruh As summer looms and visions of bar exams and clerkships dance in your head, a number of financial aid issues remain unresolved. Here are some of the more significant items: Tuition: Ruh retires President's Corner by Jill Paperno I would like to take this opportunity to thank all those in- volved with the Student Bar Association this year. As there were so many students on student-faculty committees, Student Bar committees and the Board of Directors I cannot express my appreciation to each individual for his or her assistance. I would like to say a special thank-you to those that have done more than their share Jeff Shein and Rich Wiebe for being so sociable; Julia Garver for phone bills and volleyball; Scott Nadel and Jeff Eisenberg for humor and tolerance; John Stegmayer for student activism; Kathy O'Hara for the O'Hara Commission(s); Clare Piro for support; Bruce Schoenberg, Len Gulino, Ron Osson and Terri Foster for the variety of interests they represented; Dan Pease for sports appreciation; Brian Collins for organization of special events; Dave Cass for guarding the SBA fisc; Rich Cottlieb for enthusiasm; Liz Garcia for parliamentary procedure; and Sue Kozinn for congeniality. I would also like to extend a special thank-you to Anne Carberry for her warmth and all the time spent on the most comprehensive minutes ever written; to Greg Phillips for his support, diligence and patience; and to Dawn Guptill for — running the show. ~- There is a 99% chance the tuition for '83-'B4 will go up from the present $2500 per year. No decision has been made, but estimates range from $300 to $800 for an annual increase. For planning purposes you should anticipate a $500 increase for a total tuition of $3000 per year. Budget: The student budget for '83-'B4 has been set. Remember, this is the amount which determines the maximum amount of financial aid you are eligible for in any given school year. The budgets are: Commuter (living with folks in Buffalo): $6170 Independent (not living with folks in Buffalo): $7620 Married $10585 - Add $1000 per child per year. I expect the budget will be increased in the exact amount of any tuition increase, and you should plan accordingly. — TAP/SUSTA: For the first time in recent Guaranteed Student Loans memory we did not have to (GSLs) fight to have SUSTA restored Applications for the Sumto the budget. I don't know mer '83 semester ONLY can be what the final amount of submitted now to A&R. Sum- by Len Gulino Opinion Graduating Seniors: School officially ends in May. Therefore you are no. longer students and are not eligible for financial aid to assist in paying for the bar review courses. Of course, if you've got money left over from this year's loan you can now. However, these all reuse it, but no new aid can be quire a 1983-84 Needs Analysis Sheet which to date is not yet granted for the bar review available. Keep checking with period. Sorry. There has been no new word your bank. These applications should be in to A&R no later on the Sallie Mac problem I reported in the last issue. I than June 30, 1983. There were rumors this have application request semester that the Needs Test packages in my office for would be applied to every ap- those who want to get a head plicant, not just those with start on the process. family incomes in excess of $30,000. Well, that proposal Epilogue: has been shot down for next I had intended to welcome year though it may resurface in and introduce my relief as future years. For 1983-84, only Financial Aid Assistant, but as incomes over $30,000 will have of this writing there is still a the Needs Test applied, but all neck and neck competition for applications still must have the the job. I am confident the new Needs Analysis Cover Sheet at- author of this column will come up with bigger and bettached. ter ways of bringing you the 1040's: Yes, this rumor is true. If you news and getting you to submit applied for a financial aid your applications early (or at package from the Main Street least earlier). To those of you I have been Financial Aid Office (NDSL or Work/Study) you MUST have a able to help over the last two 1040 on file with them before years it has been my they distribute any money to pleasure. To those of you I you. This requirement does not could not help — I share your apply to people who only frustration with this monster of receive TAP/SUSTA and GSLs. a system. To Helen and Linda If you do not have a 1040 on and their dedicated assistants' file (and one for your parents if — a special thanks, for the you are a dependent) you will whole paperwork system be notified by the Financial would come crashing down Aid Office and asked to submit without you. Finally, to my friends and one promptly. Failure to comply will most likely result in classmates Training Camp revocation of your NDSL or has been fun, but let's get on Work/Study grant. with the Game! — — 0f... " For example, recently a and in the absence of that become the Wall Street journal editorial atWhen reading commentaries tacked the solution reached by and editorials on the economic a bi-partisan presidential comimpact of some proposed mission for the deficit-plagued public policy, I am often social security system; in it the astonished and dismayed by commentator criticized the the authoritative, "it-is-so- Commission's recommendaobvious" tone adopted by the tion to increase taxes with this commentators. The solution to analysis: a particular problem is often First and gravely important, the tax rise will result in weaker claimed to be as simple as economic growth. CNP would "one, two, three". They (the be slowed for a number of commentators) often contend, reasons: The tax hike will "if the government would only diminish capital investment, lower this, raise that, and stop hence productivity, and cut perthe other thing, inflation and sonal income, hence consumer unemployment would disapspending and saving. One mapear, all at a small sacrifice of jor drag will come through only a few percentage points t higher unemployment, just as it wants without regard to sex." April 27, 1983 honesty, I wish to remind readers to be aware of the shortcomings of some current economic commentary. Economics, like other social sciences, is a study of human behavior. Human behavior, as any social scientist will concede, does not lend itself easily to simple explanations or precise rules of cause and effect. For every human behavioral rule "found" by social scientists there is an exception. These exceptions mandate that such analysis of human activity be accompanied by a realistic appraisal of the probability for the goes in the Economics 101 so it predicted outcome, along with goes in the real world: When bright illumination of the labor costs go up, employers variables which may influence use less labor. And less employthat expected result. ment will mean, most likely, less CNP. Some may seek to justify This analysis raises a few these shortcomings in and hold men to the special She hopes to "find a way to treatment of women that the highlight the way the law femininity standard requires. reflects male experience, and questions. Is our national On a more practical level, then move beyond that." economy really comparable to Cordell stated that "Woman is Professor Isabel Marcus Economics 101? Can a handicapped participant to ably represented U/B Law Economics 101 begin to reflect the legal system: she has to de- School at the Conference. She the complexities and vagaries fend her client and defend her spoke at three workshops: of real world economics? It own womanhood." Cordell "Property Rights and Distribuseems to me such analysis asserts that the "female tion in Divorce," "Roundtable describes America's tremenpresence" is the most effective on Joint Custody," and dously complex economy the means to change the system. "Genitalia and the Constituway my high school biology teacher described the human Taub averred that the first tion." step is to "break down the A.W.L.S. purchased a copy skeleton, "The hip bone's conpublic/private distinction that of the Sourcebook for this nected to the..." Seriously, poking needless has confined women to the year's conference, as did the private sphere." But she em- Law Library. The Sourcebook fun at the Wall Street journal, phasized that we must ex- contains over 300 pages of or economic commentary in amine our goals. Conceding bibliographic material. Along general, is not the objective of that it is hard to set goals with sourcebooks from the this article. What I do call for "without knowing what's possi- twelfth and thirteenth con- is that economic commentary ble," Taub suggests that our ferences, it is available to all be realistic and honest in apgoal should be the "world students in the A.W.L.S. office. praising the pros and cons of any economic policy decision, where a person does what (s)he Room 10. 4 mer GSL applications require a special Summer '83 Needs Analysis Sheet which can only be obtained at Financial Aid or our A&R. Applications for next Fall/Spring CSLs and ALAS Loans can also be sumbitted A View of Economic Theorists Women And The Law continued from page 1 SUSTA will be, but you should anticipate $600 per semester SUSTA for every student receiving $300 per semester in TAP. No, you should not anticipate TAP being increased if the tuition is increased. In fact SUSTA was created specifically to account for the legislature's decision not to increase TAP with every tuition increase. If any aid program is increased to compensate for tuition, it will likely be SUSTA. There are no guarantees, however, and whether SUSTA next year is $600, $900, or $1200 per semester will not be known until the summer. As always, your best advice is to do whatever is necessary to qualify for maximum TAP. For example, what would happen to your TAP eligibility if you opened an IRA for 1982 before August 1983, filed an amended 1982 tax form, and then applied for TAP? Think about it. Work/Study: Summer work/study decisions should be mailed by the Main Street Financial Aid Office in mid-May. If you haven't heard and a job hangs in the balance, call them at 831-3724. NDSL: As usual, NDSL award notices for next year should be sent out in June, getting to you in July. Be sure to sign the award if you accept otherwise the money will be transferred to someone else. economic analysis by noting that such "scientific" writing style is common throughout the social sciences. While this observation contains more than a thread of truth, to state that others embrace questionable practices is not to justify such practices in the field of economic commentary. Even more importantly, however, this proclivity needs to be eschewed because policy decisions in modern America are seldom made without extensive discussion of their economic costs and benefits. In short, economics has become the language of modern day policy making. Therefore, precisely because economics has, in most cases, very substance of public policy issues, the possibility for, or temptation to abuse economic theory becomes great, for with that scientific explanation comes persuasiveness and legitimacy. Abuses of economic theory abound in all political corners; however, an excellent example of the way in which economic theory can be manipulated is the present administration's economic justification for the large personal tax cuts it proposed and was successful in obtaining. Early in the administration's term, when inflation was still high and most economists were attributing the inflation problem to America's low personal savings rate, the administration justified the tax cuts by stating that by taxing income at a lower rate taxpayers would have more money to save and invest. However, just one year later as inflation faded and the sluggish economy became America's number one concern, the administration embraced a new justification for the same tax cuts. Lower taxes so the logic goes provide consumers with more spending power; greater personal purchasing power results in greater personal consumption which means an increase in — — economic activity. It would seem these two justifications contradict one another. If taxpayers have more money in their hands, it seems just as likely that they will save it or spend it. If they continued on page 15 �J.D. Graduates... And So Does His Creator! Trial Technique 187 Englewood Finals Graduation , r Qpi^rt»n 5 �Local Steelworkers' Union Leader Discusses Alternatives To Keep Bethlehem Plant Running by Mike Reilly This is the conclusion of a threepart series on the shutdown of the Bethlehem Steel Plant in Lackawanna. Part I and II dealt with the history of the plant and the process of making steel. The conclusion is an interview»with Art Sambuchi, the president of the USWA Local 2603. Art is also on the Top Committee in Lackawanna, which has been trying to find an alternative that would keep the plant operating. As most of the figures used in this interview are in the millions, either millions of dollars or millions of tons, the notation "M" will mean one million, e.g., = $350,000,000 Q. Art, how old are you? M $350 A: 47. Q: When did you start working at the plant? A: 1953. Q: How many people worked at the plant at this time? A: I would say about 18,000 or 19,000 Q: What department did you start in? A: Bar mill. Q: What was your first job? A: My first job was inspection in the bar mill. But when it came time to go back to Erie County Tech, I couldn't get a preferred shift in the mill so I transferred to the open hearth department. Q: What was work like in the open hearth in comparison to the bar mill? A: Well, I liked all kinds of steel work. I didn't care for the hot jobs, and I guess I was lucky because even though the open hearth was generally hot work, I never got any real hot jobs. I was a third helper at number three open hearth I guess at that time there were 31 open hearths. I guess at that time that there were 31 open hearth furnaces in three shops. Q: Did you work in any other departments? A: Yes, after the open hearths started to slow down, 1953 was a lean year, I transferred to the structural shipping yards. Q: Art, when was the first time you ran for office in the steelworkers' union? A: Well, let me see, I was in the army from 1954 to 1956, I got married in 1957 and in 1959 I ran for steward and won. After that I ran for financial secretary and got beat. In 1965 I won election as the chief steward in the structural steel department. This job meant that I represented everyone in that department. And in 1967 I was elected chief grievanceman for the whole local, which meant that I represented all of the departments in local 2603. At that time there were 25 departments in the local. that this plant is suffering from a mills. In the old system you would lack of diversification. This is what make ingots and then make either is killing the plant. slabs or billets out of them. These Q: Art, what do you mean by are also the mills that I represent. lack of diversification? We have even shown them ways to A: Bethlehem Steel is not exmake money using the inploiting the markets that exist in termediate mills, but you wouldn't the United States today. I think be world class then. that there is some type of arrangeThe other $100 Mwould go to ment between Bethlehem Steel, updating present equipment, to U.S. Steel, and even the foreign putting in your computer system, producers to stay away from cermaybe laying some new track tain markets. For example, I think where you might need it, and if that there is a market for piling possible, I would say that you bar. This bar is used to hold back should be making steel in two earth, water or sand and is in de- ways: stay integrated by making mand But due to inactivity this steel from scrap and an electric market is now dominated by furnace just melting scrap. foreign producers. Q: Then you could eliminate the Q: Art, do you have any intermediate mills, which was the evidence that the American proold way, and you could have a ducers haven't pursued this modern steel making facility for $350M? market? A: I have received the reports A: Yes, this would give you a from Merrill-Lynch and it is my highly competitive plant, equal to conclusion, based on these anything we have in the United reports, that the piling bar market States. Again, it's my opinion that, has been let go to hell. This plant is based on the equipment we have here, we could run the plant or a capable, even today, of rolling piling bar It would take 5 weeks to new owner could run the plant put the mill back in order and a with an investment of as little as $45M and make a profit. By putcapital expenditure of approximately $45M. That would comting the 48"x54" mill on line and pletely modernize the structural going to product diversification. If end, but not the steelmaking end your automobile market is going down, go to your piling bar market of the plant. Q: Why wouldn't the company or your structural market or your go into these markets? rail market. And if you wanted, A: The company said that they you could run both at the same did market surveys and that their time. long-range plans are such that pilQ. What is the Lackawanna plant ing bar and certain other steel losing per year? A: We say $11OM, the company would be too risky. The company says they have enough on line says between $120 Mand $130M. capacity today, but the figures Q: Then the union does concede don't show this. Let me tell you that the plant is losing money? something: everybody thinks that Bethlehem is in the steelmaking business, they aren't. They are in business to make money. Right now Bethlehem has a cash flow of $300 M, after they lop off Lackawanna it will be $600 M, and they want a cash flow of over $700 M Q: Art, what would it take to make the Lackawanna plant a world class facility? A: It would take about $800M the way Bethlehem ran the plant A: Everything being status quo, yes. But remember we lose money up until 1 5M tons of steel. At I,BM or 2M tons of orders we could go to a two blast furnace operation. At 2M tons we would make a profit, even the way the plant was run we made a profit at 2M tons. Q: In other words, because the capacity of this plant is in the millions of tons, it is almost guaranteed to lose money at low levels of production? A: Sure, look at a baker. If he "Everyone blames labor but I think that this plant is suffering from a lack of diversification." Q. What do you mean by that? has one oven going, what does it A: I contend that Bethlehem cost him to start the second one. didn't run the plant right. We have Your overhead is already paid, one mill that is very versatile over your cost to heat and light the there, it would take no more than place is already paid. It's only go$45 M to turn the mill into a rail ing to cost you one-third of the mill, a structural mill, a piling bar first oven. It's just the same with mill, and a slab mill. This mill steel. When you start the second would have its own soaking pits blast furnace, the cost is much less Instead, than the first. The report I gave the and everything. Bethlehem went to a 45"x90" mill IDA. (Industrial Development which is geared in strictly on Agency) stated that we could automobile steel. This was break even at 1.5Mtons based on Bethlehem's mistake, and our the current cost of raw materials. mistake too; they put all their eggs Q: Then, if this plant had I.SM in one basket, the automobile tons of orders it would not be losmarket. There's no product diver- ing money? sification here at all. A: That's right. Q: What would it take to moderQ. When was the last time this nize this plant without going world much steel was produced? class? A: In 1973 and in 1979 or 1980 A: $350M. This would include a this plant made a terrific profit. I'll continuous caster which would tell you one part I played a role in. cost about $250M. I went to Washington to meet with Q: Could you describe a con- the Congressmen about what I call Q: As chief grievanceman, what would you do? A: Well, I would handle the grievances from step 2 rep through arbitration. Usually, the lawyer would do the arbitrations, but if there were 6 or 7 arbitrations then I would do a couple of them. Q: And what other offices have you held in the local? A: I was out of office during 1973-1975 and then I was elected president in 1976. I have been reelected twice since then and am the current president of 2603. Q: Is the Bethlehem decision to shut down final? A: It is my position that a "steel stimulus." This would be a Bethlehem will never make tinuous caster? A: Steel would come right out of job work program. I am definitely another pound of steel here in Lackawanna under the name of the BOF or .whatever you were go- opposed to Reagan's policy of usBethlehem Steel. I don't know ing to make your steel in, and ing 15 to 18% of your tax dollar for what Bethlehem Steel does would be cast in a slab. This would defense. I think this is ridiculous underneath the table, if steel is be 6 feet wide, 9 feet long, and as Defense is like a no-return investmade here again Bethlehem may thick as you wanted, 4 inches, 6 in- ment, except if you think that's have a hand in it indirectly. I think ches, etc. Each slab would weigh how you get peace and security I 12,000 to 15,000 pounds. A caster don't think that's how you get it's their mistake to close the plant Everyone blames labor but I think cuts out all of the intermediate security anymore. If money had 6 Opinion April 27, 1983 been put into a job work program, you would get a steel stimulus. also sent a paper in about the believe in wheat program. feeding the world; you either feed them or fight them. However, I think that you should send it over I I as the finished product. That would be a steel stimulus. Any kind of economic activity will affect steel. If you are putting the wheat in boxes, then someone else has to make the boxes and that involves steel. If you build a road or a house, this stimulates steel. So this is what I think about when I go $250,000 pension, for upper supervision it was up to $600,000 or $700,000! And they wonder why are going broke! I think someone should have investigated lump sum pensions. Q: Is this program still in operawe tion? A: No, it was terminated in of 1983. We raised hell January about that. Q: At the national negotiations were you able to get proposals on the table which would help plants like Lackawanna? A: We were looking for a moratorium for a year. No plant closings for at least a year. But this was not in the final contract. We asked for stock options. I had a 22-point program that I was involved in. Cive me any 2 of the 9 points by I was really interested in, and they could have had the other 13 points that I thought had outlived their usefulness. Q: In the national negotiations there must have been quite a few local presidents faced with the threat of a plant shutdown; weren't you able to negotiate any restricArt Sambuchi, president of tion on these shutdowns? USWA Local 2603, A: The average person at the headquartered in negotiations looked around and Lackawanna, N.Y. thought "thank God it isn't my plant going down and if they sursomebody Washington, and to usually listens because I can talk vive maybe / will go down." Don't louder than anyone else I am get me wrong; some people did stick with us. debating. Q: Would you say that over the Q: Art, given the potential of this last 15 years there has been a policy of corporate disinvestment plant, if it's run at a decent capacity, why didn't the concession in the plant? Has this plant been package that the union offered in- deprived of necessary capital expenditure? terest the company? A: In my own departments, I A: First of all, let's talk about this concession package. I am no have seen investment take place. I concessioneer. To me, this whole really can't say about the other package has been given a departments. Although our 32" misnomer. To me it's a "trade off" mill could have used some investpackage. When in the history of ment. It was built around the turn the steelworkers have you ever of the century, but it turned out gotten a work guarantee? That's some of the best damned rail in what we are looking for. We will the country. 800 or 900 tons per trade off something for pensions. shift. But they shut it down in Pensions were the key. This was a 1977. trade off package, not a concesQ: Art, do you have any comsion package that we made. I don't ments on the fact that lohnstown know if they were hyping us, but will now supply the steel to feed they were amazed at the very way our bar mill? that this package was put together A: It will cost $29 more per ton that this package was put together to ship the steel here. Those and how we were going to work it. charges are going to have to be They said had this been three or overcome somehow; they will profour years ago it might have work- bably be taken out of our hides. ed. And we said they never releasQ: How does the quality of ed one figure, Bethlehem never Lackawanna steel compare with told us the cost of a billet. We other plants? never knew anything, everything A: The quality of Lackawanna was a big secret except that we steel was superior, as far as bar were too expensive. products are concerned, to any Q: With the pension trade off, other steel made by Bethlehem. Art, does this mean that if a job Only Republic Steel Canton were eliminated that an employee (Ohio) compared with us. with relatively low seniority (18-19) Q: How about the quality of years) would be protected? other steel products? A: No, the junior employee A: I don't know about other prowould be retrained and we would ducts, but we were Number One in offer the shutdown pension to the bar products. Why hell, we have senior employee. The shutdown just perfected steelmaking in our pension gives the worker $400 per BOF's in the last 3 or 4 years, and month in addition to his pension the structural mill was shut down 7 until he reaches Social Security years ago. We never go to see how age or goes on disability social Lackawanna's best structural steel security. would compare with other plants. People are going to say that Q: Do you have any idea of how $400 per month, isn't that a lot? long the bar mill and galvanizing But you have to remember that mill will last after steelmaking Bethlehem pensioned off their ceases? supervision with a quarter-of-aA: If the quality of the steel isn't million dollars. Bethlehem worked equal to or better than Lackawanout this program for supervision na steel, then one year from the based on mortality figures for the day we handle the last Lackawanaverage male. They found that the na billet the mill will go down. And average male lived to 74, and basremember, we had the best. ed on this they calculated what he Q: At what point in the shutwould make between now and (he down process will we know that time he was 74 years old and paid the shutdown is irreversible? this amount in a lump sum. Both A: If you hear that Bethlehem the foreman and his wife had to be has allowed the coke ovens to cool in good physical health and had to fast it will be irreversible, or if you pass a physical. Bethlehem could hear that theblast furnaces are not also figure in a 7% interest rate going to go down gradually it will over the time between taking the be irreversible. pension and 74 years of age as part Q. What about Mr. Lipke's plan? of the lump sum So some of the A: I don't know the man. If Mr foremen were going out with Lipke has a plan and wants our incontinued on page 11 Reily Mike photo — �-j M^^*Mwww^**^^ta*^ta.^t,^tM^tam^^^_mu_m^^^^mmmmmmm-Wwmm^K_mmimmmmm-m__w^^^^^^^——^^ ii \ "V —__\ ___________» ___B__ ______! AA ________ mOHV B-__P» -____l / f A if* ..,«*»» mg ' ___r __ __B jH_H__l ____v__l _r **m^: JB_*. ,7tL_B __-_r _M I"N- ______"l!"J'. I |j_^yt_ j ■ ■ n __rf** st , j2 * *r " 5, __ ___ _■____! _M __■ 4 W T HF *mis.WK --««F _T \ Ax. 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M yof 1 Bb"«s|BH , __/ IM__________E _^r _r J _ _____ __ I B «B__ _____h ____fl l_F" _A * ___Th __-U-_-B -ifj _l B t.or,»lo« >_». _2_ J««th MetondM .... *<*»*_«• -^__i » B B H 8_«_J»» |^ ithiyn Jhekaon t tJb !Lv f]« B t^^ «vtd Oolwrty ;,wl CuM April 27, 1983 " * !Mm CtflM Opinion 7 �' — • 1 • -I. ... i i ■" — Graduation CONGRATULATIONS CLASS OF'B3 LAW STUDENTS and "KIPPY" j I THANK YOU FOR YOUR PATRONAGE J | | | I{ l ACCU-TYPEsetting Resume Service 47 Christine Dr. - Town of Amherst 691-7480 { BAR/BRI .... , ~ , c Wishes Much Success to the l Class of '83 MAY 19 __ Graduation I Arena at 4:30 p.m. - Beer - Cocktail Party MAY 21 Buffalo Hilton — Open to all students, and staff. MAY 23 — — . — Graduation at Ceremony starts at 1' , -. ,n. re _x .#a Seniors must arrive b , , .. n Cash bar reception tc _ CLASS ( __ ACHIEVEMI CONGRATULATI ___~„. WELCOME ALUMNI ASS 8 Opinion April 27, 1983 �- ' ■ —•^^*~'*^***—^—^—*'^*'*****^^*mm*^mm^m^mm^mm_w__um____wmm^mm_wmmu_w^mmmmmm_______ n Activities Practice in er provided. the Alumni CONGRATULATIONS!!! CLASS OF '83 from all your friends at <<-p.. ~, KOOtie S Marty, Russ, Jennifer & Staff I | ty in the Atrium at the ;, families, guests, faculty *i | pocp Double Order Chicken Wings t the Alumni Arena 11:00 a.m. by 10:00 a.m. to follow OF'B3 lONS ON YOUR ENTS AND E TO THE I\ withthepurchase 1?^ orderwithcoupon Rooties Pump Room Millersport Hwy at Campbell Blvd herstCampus Imilenorth 8 1 8^ . e f 983 w uld a T thank the Faculty, cStaff, and SBA for their contributions towards our class *\ r° ! ° f J° - I j J n ? I | | I SOCIATION April 27, 1983 Opinion 9 �I M-rih.tt-iiii.j M_,.h.K„..,k, ____ tij_ m_ cort,,., r._L._. ■'* *" s ... _____■ , _ r.«_ ltH""°'" _____ _ to _f « _____ _»■ "* ____F_____ ■">"•"» ___ *____ H_Lll-. 'iSH F_*___r H| W| jar * __B « f_t__\ _m \Wm jj M ___ ____v muWrr__m ... 1 Fo«»». c Albert " ■ fl ____r t __t ••*&___ , __\ l_F -k _W a* W _B _____■___ _______! _____-__%■ ______m ___■ _Wi -____fl KMtoCMM* » Am* MM* Tobot s™* Opinion 1 4 .•,..«" , ' r _______k ___f � _4r_W _________\\_ _HKI_PN-__f _-_0t ■! _W- _El_B i -*i___ _■ April 27, 1983 it I '» '( H-h.. '«*«*iVlfc '\W df**** t^ ____\ «__________ W __H |Hi N^o . ____ -____!■ "* ' jB l___^_ **«*(Si $ - ■ "" •• T-. _. S m, - ____i l___n____k n__H ____■ ■wf __th 9n ' ■ * I___r v- :Hr ***" Weh Co iS ? '•«" Wid*. ■* *^ — ___ «______B pBP- wk_T __.J«te. .„ „„,» • S ■ '____ -^B W T Sf Mwy WQ4rt« -. I Bi 3mW UMw »I*N.Km*. I1 __B W______m tmwm _B_r^^^^^'^^^^^^ H^'ll"H iflHik ■ j/VI Diane Martin v v ___■ J""^ John M.,n. *_*W_m ______■ & _ _ _ _ _ _ _ _ •'' Anna ""■" _____■__' •»««*«» _ __r __r ________■ _\ ___ __, IB *k tLz? _B B__tt__ni B________L_*----'—■...9 _W\ *h-ZsW hm m y __m _J-------- _B ' Nfmi \ _\\\m._%r'<t v ____■ / 0 .j_i____B -_____!_______! ■'--'**'* __Wf*\\ 1_ ««_«<» ■_ 10 > ____ :'"*9i&*k-\ |. li __\ ________l l_____H '"""' JMIT "*" >J% ?.''■* - *' JmKl ___. « Carolyn MessanH SchuUft %■■„ H ' fl__i vj Hurt «3 ** I 1/JI _JrM||_____h. _(« __________! B-P___. m gi«?HnpiiSM| |B*_^Nili-fc-m °iF ■ .jg l_^H^____P^ X «v _JkW* *-S"*l|- - Amu CfrjMwp Uncte : H___f iZ Jooilh.,. S,.k. n "^ ShgnWd \ Mary C leary ■ » _» L t «l ___■ i S ""* Mwv Booth. KMh«i~« QtodMon. Lmitia Styk* Cynlh.. lockkwi r 3wiwJS|)vrlj ____________l J__W _____! __H jfl '' _____! °-«« Wor.tt. JO(___B- —■ J0... !>."»>■ ______Ml________k Jamas lores " J.lljG _uk.D« _l ____P Mn> m " ■ ■ * H --»t_." 9k Tl "**-.lr^ Timothy / __B_fl ____ ______i___■ _■ _____ ____fc_Ww9w______>_-um ____%*+ -_> fufrmme, 0^ tyBO ___________l WW«**««U»t M*««, ; nKte» *J««<« ( _ �Local Steelworkers' Union Leader Discusses Alternatives To Keep Bethlehem Plant Running continued from page 6 volvement he should call me. Q: Art, what would it cost to buy this plant? A: Well, Bethlehem pays $8 million in taxes and the tax rate is 17% or 18%, so the value of the plant would be about $48 million according to the tax figures we have. Q: Are you encouraged by this situation in Weiston, West Virginia where the employees have bought out of a major integrated steel facility? A: My gut reaction is that this wil be a flop. Don't get me wrong, wish them well, but they have a hard row to hoe. Without experts in marketing, sales, and buying I don'tknow where the hell they are going to go. Q: If Bethlehem goes through with its plan to shut down what will be left of the locals in I a laborer or president of the local? A: Yes, you may lose them entirely. Q: Because of the loss in steel lobs locally, is it likely that even the district (district 4 of the Steelworkers Union) may be eliminated? A: Yes, we may even lose the district, it may be merged due to the drop in membership. Q. In 1977 Ed Sadlowski ran for president of the USWA. He was a maverick with a different kind of a program. Ed came to Lackawanna and spoke at the Dompolski Hall. Would the steelworkers have done any better with Sadlowski than Macßride? A: Well, hindsight is always best, but you have to make your judgments at the time. Ed carried Lackawanna but I really can't say if things would have been different under Sadlowski. It would be unfair to say. But I will tell you I supported Sadlowski. He impressed me, he was willing to buck the system and damn it all, I'm an iconoclast myself. I ran for district director and I got my ass whipped. Q: The steelworkers were active participants in the Western New York Coalition for lobs which Lackawanna? A: Part of 2603 and 2604 would be left and they would probably be merged into one local. Right now the steelworkers hall, the John F. Kennedy Hall, is in jeopardy; we could lose it. Q: Given the general situation in steel, is it likely that the international union could pick up officers helped to create Solidarity Day. from these defunct locals and put How have the expectations which them on the staffs? you had then fared since that time? A: No. (Solidarity Day was the march on Q: So if steelmaking ceases here Washington by 500,000 workers on in Lackawanna, it is the end of the September 19, 1981.) A: Expectations? My expectaroad for everyone, whether you are "Buffalo Model" continued from page 1 that it is true U/B students must sell the school as well as themselves in order to be "It's the end of a living, a way of life... I'll never forget being steelworker." Open don't know basic doctrine. "Upper division teachers have always complained about firstyear teachers, based on assumptions about what they would have taught." He also remarked that such faculty complaints might be more off- hired, for few firms outside of the region are familiar with us. However, as Mr. Schlegel bluntly stated, "Fancy schools take fancy students from fancy colleges and put them in fancy hand comments than students jobs," while graduates of this take them for. school generally find jobs with Also discussed were the law small firms that don't plan out school's reasons for not offertheir hiring needs in advance. ing certain courses. "Why He added that the hard part is don't you as Dean who has all telling students that the jobs this power simply tell people are simply not out there. what to teach?," is a question Dean Headrick spoke next, Mr. Headrick has heard often. commenting that a good cur- At the forum he replied that riculum should have both our faculty members are balance and diversity and bright, intelligent, creative disagreeing that the present people who come to their jobs, balance is wrong. He replied bypassing more lucrative posigenerally to student criticisms tions, in order to have the that a state school should profreedom not to be told what to vide a traditional education by teach. Turning to the question of pointing out "This is New York's only state school, and the school's relatively low pass its mission is the mission that rate on the last New York State to chart Bar Exam, Dean Headrick comattracted me here the course for legal education mented, "There is no theory to in the future," and not to explain why a group of duplicate other law schools in students does better or worse on the exam." While last sumNew York. question pass rate was six points to a mer's response In concerning the heavy below the state average, some nineteen-hour class load some years our pass rate is higher than average. He feels that first-year students were rewho takes the exam anyone to shoulder last quired semester, the Dean conceded seriously and studies 10-12 that a mistake had been made. hours per day for eight weeks He added, however, that there can pass. He did add, however, was no magic in the definition that if the low pass rate is not a of "credit" and that the first- random event, the causes for it year faculty should have taken will be looked into. Towards the conclusion of into account the decreased forum, the focus shifted to of time students the amount would have for each course. the lack of a formal "I'm sorry some students for mechanism to draw students one semester were over- into the curriculum planning burdened," he said, and fur- process. While Dean Headrick generally doesn't find petitions ther noted that experimentahe feels students persuasive, progress is tion is necessary if to be made in developing a can influence the process by preparing reasoned arguments better first-year program. Dean Headrick also replied and presenting them to him to upper division students who and to faculty members. One claimed that their professors student suggested that a often express surprise when se- seminar be taught that would cond and third-year students allow students to prepare cur- — I'm frustrated, I'm demoralized, I'm down in the dumps. I've been a greasemonkey all my life and now they tell me they aren't going to make steel anymore. I was at the founders day convention for the Short Work Week Committee which said that a 32-hour work week was all that should be worked in this country. The work should be scaled down with no loss in pay. I believed that then and I still believe it now. I don't think that concessions will work. What can we possibly concede? Let me give you a figure. Let's say that there are 3,000 workers at Lackawanna and that they make $30,000 per year, and this is accepting the company's fantastic figures. Now if all of these workers worked for nothing, Lackawana would still lose $40 million per year! What are you gophoto by loanne Reilly ing to concede? If we worked for The John F. Kennedy Memorial Hall on Ridge Road in nothing they would go broke. Concessions aren't the answer. The Lackawanna, home of Local 2603, USWA. answer is taking a look at the marketplace, taking a look at the policies of our government. Let me say this, I am a capitalist, I believe in the free market system, I guess to the extent that I have a job. I think we will have to curb imports. a If we are going to have free trade then let's really have free trade and fair trade. We shouldn't let Japan dump its steel here and get 260 yen to the dollar when it is not whole life in steelmaking, you and town had a steel mill. He just worth that much. a lot of other people, what does it thought that that's how you lived you Art, your have invested Q: feel like now that you are facing When you're six or seven years old the end of the line? you just don't realize that there is A: Well, my grandfather was a a different way of life. Sure I'm bitsteelworker, my father was a ter, I've tried everything in my riculum proposals and have steelworker, I'm a steelworker, my power For me to give a nicket is them reviewed by the faculty. son will never be a steelworker. It's very, very difficult. I'll give you Such a course has been offered the end of a living, a way of life. productivity, I'll give you help in It's not going to come very easy any way, shape, or form, but I'll in the past by Mr. Schlegel. Commenting on the forum I'll take it to my grave, I'll never never give back something I being a steelworker It's the negotiate, unless I can get an after it had concluded, Dean forgetlife I've known. I pointed this equal value and maybe I even Headrick remarked, "I said only out to another newspaper reporter. my own principles a couple broke things I believe in. I wasn't try-' When my kid brother and I went of times. Maybe I accpeted less ing to convince people, or out of town one time, my kid than full value, and when that change their deeply-held brother asked my father "where's blows up in your face, how do you beliefs. I was just trying to get their steel mill, I ain't seen it yet?" think you feel? my own beliefs across." He He just took for granted that every noted that the setting for the forum was unusual, as most open meetings on the curriculum don't attract more tions? Forum... than 25 people and much of the previous feedback on the Buffalo Model has been positive. Conceding it is hard to be in touch with the views of all 800 law students, the Dean did add that he preferred smaller meetings, such as those he conducts with firstyear Research and Writing sections each year. Student reaction to the forum appeared mixed. While third-year student Rick Roberts felt that the meeting went well, he added, "It bothers me that there is no mechanism for this kind of exchange in the future." Second-year student Susan Cray added that although the meeting was a good idea, its effect was only to let students vent their frustrations and be calmed down. She said, "I still don't see answers to questions such as what to do when you have a legitimate complaint about a course or a professor." She also expressed her resentment of the administration's view that it knows best what courses should be taken. "My opinions should be given equal weight," she argued. And second-year student Mary Sullivan felt that while the meeting helped because it let people air their frustration, "It's just too bad they had to wait for a letter such as ihe one sent to The Opinion to finally address these issues." ■ New Waves Dance Dance Dance lack a dimension, but were good nonetheless. They managed to keep the dancers For the 18 couples who par- going during the 28th and 29th ticipated, the 30-hour hours, quite a feat for the feet. Muscular Dystrophy Dance Not all the bands were so well Marathon was a workout not received. Iron Cross and Moon only for the feet but for the Maiden, two heavy metal ears as well. The dancers were bands, played music that only treated/subjected to music a groupie could love. Blind Dates, if they were real ones, from nine local bands, covering a broad range of rock n' wouldn't get called up for roll styles. another one. In the middle of the The Lumens started the marathon, and .showed why marathon, Voyager provided a they're attracting a following. nice change of pace with a Their new wave style was just 4-part, a capella harmony. right to get the dancers going, However, they played mostly a middle-of-the-road, diverse and they returned for an encore set when one of the collection of top 40 cover scheduled bands failed to tunes. The Crew, which rhymes show. Although they played with the Who, also aspires to mostly a diet of 45 r.p.m. songs them and plays many of their at a 78 beat, they also performsongs. ed an exceptional slow song, Definitely the most original one they wrote themselves. group of the lot was Next Step, The Elemented played a short a last minute replacement for but energetic set, complete another band. Armed with a with new keyboardist. The guitar, keyboard, washboard newest Element doesn't take and bucket, they did a totally away from the band as had outrageous set of what soundbeen feared, but he doesn't ed like improv. They may be really add anything either. The the first band in history to play crowd tried to get the a new wave square dance, and Elements to play longer, but are probably what Devo was they had to leave early to set like in their pre-Whip It days up for a gig at the Continental. It's rumored that they play at Playing without their female Harriman's Open Mike on vocalist, the Fans seemed, ,tp. .Thursdays., ~,,,,,-, ( by Jud Weiksnar April -7, 1983 |iiV Opinion 11 �I j BAR/BRI UPDATE I 1 l. Summer Bar Review Course I § begins June 1, 1983 1 Morning Session 9:30 a.m., Room 106 1 1 Evening Session 6:00 p.m., Room 106 I Books To be distributed May 31, 1983. 1 § | I Watch For Posters I I I 2. Irving Younger CPLR tapes will be 1 available until end of May in AY Dept. Note AY Dept. limited hours. I I 3. MPRE Course will be given in August J 1 Watch for posters in July. I I j I j j DIRECT INQUIRIES TO MAILBOX 3 DURING THE SUMMER. I Best of luck. We'll get you through. j 12 I 1 BAR/BRI Opinion0 April 27; IW* r I I �, ■■^■-^_____■ ' r | The following petition was submitted on 4/14/83 to the Commencement Committee Today third year students received notices in their mailboxes that our pregraduation cocktail party is scheduled to be held at the Executive Inn. Part of the package which the class of 1983 is sponsoring is the distribution of complimentary keys to the annexed Playboy Club. The event is held for the benefit of graduatiing seniors, their parents, and the law school faculty. All would get these keys. /, / When I asked members of the committee who made this decision, how and why this choice was made, I was told that the 12 member commencement committee decided it on its own and on the basis of price. (Apparently one member of the committee gathered "data" regarding accomodations, price, etc. and found this to be "the best deal.") It would certainly seem that factors other than price should be taken into account, also. I have no doubt that our class would not hold such an important event at a facility which excluded Blacks or Jews or which required women to use a separate Why then hold it somewhere which franchises "entertainment" exploiting women as sex objects? To advertise the Playboy Club by our giving free keys is particularly appalling. We are talking about spending thousands of dollars at a place which many members of our class find highly offensive, What individuals choose to do with their time and money for entertainment purposes their own business. What our class spends its money and energies on should be decided by and perhaps a sensitive, thorough searching class vote. Such a choice is an important _ntrance. - statement. Many faculty members and students will not attend this otherwise joyous celebration unless its location is changed. We believe this choice was made without enough sensitivity to important human rights issues and is in extremely poor taste. We trust that now that the committee realizes this, the location will be changed. THEREFORE, WE, the undersigned, object to the Class of 1983 holding its pre-graduation party at the Executive Inn. Earl R. Pfeffer Frank Butterini Gerald Allen Mark Rasch Christine M. Kroetsch Deborah E. Nicosia STUDENTS Colleen A. Brown Barbara Schifeling Paula A. Smith Diane Wray Cindy Kanterman Janet Molly James Maura Sylvia Fordice Michael Sexton Gunner Roach E. Metzler Desmond Katherine Gladstone Judith Holender Judith Romanowski David Moretti Linda Nenni Enid Tannenhaus Lorraine Koury Susan Dowd Gary L. Cutler Hilde Neubauer Amy Stromberg Rea Adler Mary Home Alan Solarz Amy Ruth Tobol Herbert Eisenberg Jim Loree Frank Bolz Bradford Riendeau Kevin Casutto Albert Foster Linda Detine Yvonne Spallino Stephen C. Hal pern Joyce Ferris Petronio Michael F. Gautieri Richard E. Alexander Ronald Paul Start Robert Lane Jr. I j 1 I Michael McGory Beverly Ungerer Jeannette Ogden Josephine Finn Angela R. Reyes Donna Humphrey Lori J. Marian Jane Markle Shelley A. Reback Peter Einstat William E. Coplan Kathy Piech Sue Stremick Anne Di Fonzo Laurie Styka Glenn Frank Barbara Kavanaugh Gary Games Nancy Young Ruth Baum ; FACULTY Marjorie Girth Louis A. DelCotto Robert S. Berger W. R. Greiner Ken Joyce Virginia Leary Elizabeth Mensch Barry S. Boyer Barbara Blumenthal Janet S. Lindgren James B. Atleson Alfred S. Konefsky Susan Carpenter R. Nils Olsen, Jr. Charles E. Carr Vivian Garcia Allen Carrel Thomas E. Headrick Richard Sullivan David M. Engel Jacob Hyman Errol E. Meidinger Philip Hal pern Isabel Marcus Paul J. Spiegelman Louis S. Swartz Joseph Gerken Milton Kaplan April 27,1983 - Opinion 13 �. Nets' Brown Breaks Contract & Fans' Hearts by Nicholas Capobianco When Larry Brown resigned his job as head coach of the professional basketball team known as the New Jersey Nets, no one expected him to be out of work long. In fact, later that same day, Brown signed a multi-year contract to coach the Kansas University basketball team. Larry Brown is a talented, much wanted basketball coach who just can't stay put very long. In less than four years Brown has had four different coaching jobs. He quit the pro team, the Denver Nuggets, in mid-season to return to the emotional college game at powerhouse UCLA. Two years later, upset over his inability to relate to the brash spoiled college athletes, he left the college scene and took the head coaching position at New Jersey. What makes Brown different from other transients is that each time Brown has left a coaching position he has left a long-term contract behind. Technically, each of Brown's former employers could have sought an injunction against him enjoining him from work- years at New Jersey, Brown responsibilities to the players abandoned the cause once and then you go, well.. " And again. This time, however, the what about Brown's responDick Williams from managing ramifications were even more sibilities to the fans who paid the New York Yankees during distressing. Brown left the his salary and expected him to the summer of 1974, claiming team two weeks before the live up to his four year deal? Of course, Larry Brown will that Williams still had one year playoffs were to begin, leaving be admonished by the media remaining on his contract with what had been a very sucthe Oakland As. Finley, cessful campaign in turmoil. and his credibility will suffer, however, was an eccentric After spending nearly two but he will go on coaching inowner. The usual business years of molding a struggling without courtroom terference. As long as the acpractice emerging in the sports ballclub into a legitimate con- ing for anyone else. Charley Finley thought nothing of doing just that when he enjoined tender and speaking to his players, many of them young players that he had drafted, about teamwork and trust, he defected at their most crucial hour. People were not only shocked, they were hurt. Bill Blair, the interim coach who is stuck guiding the lost elsewhere. So, if everyone is so happy, ship, was persuaded to leave what's the big deal? Unforhis secure college coaching tunately, third parties have position to follow Brown to New Jersey. When Brown took gotten hurt by Brown's impetuous moves. When Brown off, he left Blair behind with a left UCLA, a place he sup- one-year contract that will almost certainly not be renewposedly needed because "college kids will listen to you," ed next year. Blair recently said, "This is a many of the athletes that he had recruited felt cheated and team that was shocked by lied to. If they had known that Larry's move and there's at he intended to desert midway least one guy who took it very, through, they might have very hard. If you make statements about how you are played basketball elsewhere. After almost two successful going to stay and about world appears to be letting high-priced coaches out of the remaining years they have on their contract. It makes sense. Few universities or professional teams can afford to pay an expensive unhappy coach just to keep him from working tual parties involved agree to part, the law takes little interest in what happens to innocent third parties who get hurt. Legal scholars may argue over the importance of the autonomous contractor but the law should address the greater good of community responsibility and help protect us from individualists like Larry Brown. Scholarship Awarded Second year U/B Law student Melvin Parker is the 1893 of the Thurgood Marshall Scholarship Award, granted by the New York State Trial Lawyers Association. recipient * TVPin9 Thesis Term Papers Cover Letters • Resumes Look us up for all your printing needs! ° pen „~ 9:30 a.m. 4:30 p.m. Wed. until 8:30 p.m. - Opinion 14 April 27,1983 •Typesetting • Stationary • Process Camera Work 'Invitations �Law School Organizations Elect New Officers resource index to be accessible to those students wishing to study abroad, a larger involvement in the annual Jessup Moot Court Competition, and the publication of a periodic newsletter. The organization also has hopes of bringing speakers to the school and ILS The International Law Society held its annual election of Officers as scheduled, on Thursday, April 14, 1983. Outgoing Chairperson, Dana Brutman, presided over the elctions with the following results: Chrysanthe Vergos, Chairperson; Tracy Kassman, Secretary; Kevin Yeager, Treasurer; Jeffrey Johnson, Jessup Competition Coordinator; and Kurt Amend, Kimberly Copeland, and Dan Dewar, Directors. Of the seven possibly organizing a symposium to deal with career choices in international law. All in all, the emphasis of the meeting was on giving the ILS a greater role in the school and channeling activities to meet the needs of students and faculty in the area of international law. The ILS would thus officers, only one, Kassman welcome any suggestions has previously served as an ILS students and faculty may have officer. concerning next year's acThe outlook for 1983-84 is tivities. Office hours are: bright as the newly elected of10:00-1:00, Monday, Wednesficers have vowed to seek the day, and Thursday. All those more active participation of interested should feel free to students and faculty in the drop in and discuss any ideas organization and to enlarge they may have. Written suggesthe scope of ILS activities. tions are also welcomed and a Discussed were the suggestion envelope has now possibilities of setting up a been placed at the ILS office, POEM by Andrew Friedman It's not a set of thoughts that I can name or something that is there within my heart It's not a haunting ghost like memory or dreams that trouble me in sleep It's rather just a thought that something's wrong Just like a room that's dark without a window, A radio on which the sound knob sticks A rock tune missing drurrts, rice without salt,. or custard without sugar not quite right You have to think to place your finger on it But right away you know that something's wrong You know that something's missing, and you know That you can't quite enjoy things as you should or live at peace with your daily life And though you rarely cry, it takes your smile And sometimes laughter sounds a little hollow And makes me wonder if it's worth the bother — troversy, Curran and Gulino, for respondents, unanimously won the final round against St. John's Law arguing School. Commenting on the quality of the St. John's team, John said "it was a hell of a good round," adding that the other team, comprised of two third-year students, was in a way relieved not to win, and thus not to go onto the national Competition while studying for the bar exam in July. Len, commenting generally on the quality of the other teams, noted that some of them, while very good, "seemed stiff," quoting precedent merely for the sake of quoting added, "For the precedent. He first time, I felt our curriculum has credence," for it helps U/B law students develop a more flexible approach to legal we would analyze a complex problem without a professor looking over our shoulder." He added that while moot court competitions involve a lot of hard work, "they let you see what it's like to analyze a problem, get a feel for the law, and then argue. It's like the real world." r\ competition. "We worked very hard, but then, most people did. It was good to find out that we were good," John concluded. Reflecting on the value of the competition, Len concluded, "It was good to see How To Pass The Bar Exam by Barb Barton Students experiencing anxiety about taking and passing the Bar exam should consider investing $10.95 in the recentlypublished book Pass This Bar, by Loretta Walder (John Wiley & Sons, Publisher). author, The a psychologist/attorney, is a licensed New York psychologist and is admitted to the New York Bar. She conducts a Stress Clinic, affiliated with the Bar/Bri Bar Review course, in New York and has counselled a number of students preparing for the Bar. Not surprisingly, the book is written from a psychological standpoint. It will not teach you how to recognize "trick" questions as LSAT-preparation books may have done; indeed, there is no way you will be able to avoid studying for the Bar. What this book will do is to help you to organize your time, cope with the stress of the exam and help lessen your guilt about letting the rest of the world slide at Bar exam time. The book is divided into two parts. Part I is a week-by-week approach to the exam; it tells you where you should be in your studies as time progresses and what to do if you're not there. It suggests possible schedules for working and nonworking students to follow and also provides schedules of PROCESSING Hype - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices Xeroxing, Printing, Hulk Mailing 16 Types!yles & Symbols to Choose From Printed lo look like Typeset Or Typewritten '■ economic commentators spend it then the inflation proemploy the same "scientific" blem is intensified. If they save style as their counterparts in it then there is no impetus to the natural sciences, these commentators not only economic activity. Whether the administration mislead, but they also lend embraced such contradictory credibility to those who seek rationales because it felt the to use economics not to tax cuts are so essential for the enlighten, but rather to pergood of the national economy suade. Without injecting that any means utilized reason and caution in their justified the ends sought, or writings, the economic comsimply because it has been at- mentators' writings become intempting to legitimize partisan distinguishable from partisan policy making, are questions politicans' economic rhetoric. that go beyond the scope of Tragically the voting public this article. My concern, becomes accustomed to this however, is that the voting form of analysis. Once to such anesthetized public is often being persuaded by groundless economic manipulations, the general public loses its ability to justifications. submit that when critically evaluate politicians' I WORD problems. Although it rained all weekend and he didn't get a chance to see much of Brooklyn, John says he enjoyed the — continued from page 4 Advocacy Winners... Despite the procedural con- Johannes; Managing Editors: Grue, Tom McCarthy, Al Carol Gundel, Jon Webster; Sheridan, Ray Stilwell. Editor-in-Chief: Ken Schoetz; Executive Editor: Tim Brock; Publications Editors: Al Bozer, BLSA the law school community. Chuck Cercone; Note & Comment Editors: Dave Marcus The Black Law Students Head of Dept., Tom Ginter, Association held its annual Arlene Hibschweiler, Irene elections on Thursday, April 14 Law Review Hirata, Peggy Lillis, Mary and the results are as follows: The Buffalo Law Review is Salhus, Dan Venuti; Book President: Michelle Hutchinpleased to announce the Review Editor: Dan Joyce; son, Vice-President: Chris Renresults of elections for the Senior Members: Sandi Blitz, froe, Treasurer: Osborne 1983-84 Editorial Board: Jean Corigliano, Marilyn Carter, Secretary: Sonya Tate, Articles Editors: Leora Ben- Ducato, Seth Fitter, Bill and Community Liaison: Ami, Perry Binder, Elizabeth Gillmeister, Susan Gray, Tom Dewette Aughtry. Book Review Economic Theorists... — continued from page 1 604 O'Brian, for this purpose. Please take advantage of this opportunity to participate as it will better enable the organization to serve the interests of Pick-Up & Delivery Available All Work Guaranteed Gall Proto-Type - 883-3348 Ask For Randy practice for both essay questions and the Multi-state. Part I ends with practical test-taking techniques. Part II focuses on psychological strategies for passing the Bar: avoiding panic-stricken fellow students, adopting positive thinking about the Bar, motivating yourself and preventing stress. Pass This Bar addresses itself to the mental problems associated with taking the Bar and attempts to alleviate those difficulties so that the student can focus his/her energy on learning and studying rather than wasting it on needless and wasteful worry. One word of caution: this book is only a helpful as the reader is willing to follow its advice. economic rationalizations. The public does not perceive politi- cians' analysis as incomplete, or perhaps fallacious, but is rather convinced by specious political rhetoric. Of course my comments assume there is indeed a different motive behind the writings of economic commentators and election conscious one to enlighten politicians and the other to persuade. This may, undoubtedly, be an erroneous assumption. If indeed the commentator is trying to persuade, my comments can only stand as a reminder economics is not an exact science examine carefully the rationales of those who use it as though it is. — — — BAR EXAMS AREN'T LIKE LAW SCHOOL EXAMS | Knowing how to analyze complicated essays, confusedly I combining several fields of law, and writing coherent, ■ logical and consistent answers thereto, can make the I crucial difference in passing the Bar Exam. Why not get the I feel of 16 very difficult Bar Exam questions before the July, X 1983 Bar Exams? Thousands of students, for the past 40 analysis I years, have been convinced that the approach and style techniques and methods they need at THE g KASS PROBLEM ANALYSIS CLINICS were essential to their I success on the Bar Exam Six successive Sundays, starting June 12, 1983, from 1 to 4 I p.m., at the N.Y. Sheraton Hotel, 56th Street & 7th Avenue, i N.Y.C. Tuition Fee: $150 ft Taped course to be held at U.B. We were over-subscribed in our last 10 series! Buffalo Agents: Mark Reisman & Rick Roberts — — | 1 KASS PROBLEM ANALYSIS CLINIC 27 William St., N.Y.C. 10005 (212) WH3-2690 March 27, 1983 Opinion 15 �r ; —■ ■— : ■■"" ■ _ • _•_•_•_•_•,_• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •••••••••••••••••••••••••••••••••••••••• • • >• >• The Producers of THE OPINION Wish to >• Thank Their Fantastic Cast and Grew \ # • I ;'. for a Great Year! Special thanks to our !• retiring CAST OF CHARACTERS: • \ • *• .* • • ■ _ _ * 1 \\\ i^\' ib • __ _ IB ■I t-<m WM /■ *————} ■ I __k 9 *** __i . A 1 • Also, Kudos to our # !I- retiring Senior staff Michael McGorry - m • \ •• •• '\-"i____ **\*i___h ._f"' *'*__!_i_til____S ! _v • • __r^^^_K .• y 0^n stegmayer •* And of course, our ]• Gary Games \ ___ vi w'tttM # •• tmm ____H fIH # • # ■-___ ■i_____ji________i^__»i___________ ■ / # In the supporting roles: _-_-_i-----k. ___ •• m Glenn Frank Earl Pfeffer I .*; ■• • _______ • :•• _ > In the leading roles: • •• • ' Executive Producer: j; mKjm \ • . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-04-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 23 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/27/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/17f926dae65175ecc4ea4daaa7a1330a.pdf 198438d2d4fa171204f4b96995c924e7 PDF Text Text OPINION THE STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 24.1 The Orientation Committee Greets First Year Students The Orientation Committee would like to take this opportunity to welcome you to U.B. Law School. The Committee is composed of second-year students and we vividly remember our first days here one year ago this week) Visions of One L and The Paper Chase danced through our heads as we were taken on the school tour, given helpful hints, loaded with literature and advice, reassured by second and third-year students, intimidated by faculty and given our first assignments. We have already had numerous questions from incoming students on how to handle one's first year. Answers will, of course, be as varied as the students providing them. But if there is one thing that we have all come to know it is that you have to do what is right for yourself. Some of you will find yourselves giving up your apartments and setting up housekeeping in the library. Some of you may find yourselves giving up the library and setting up housekeeping in bars. Maybe the best advice is not to be too concerned with what others are doing. Now for some unsolicited advice: Faculty here are very approachable, as are other law students. There is nothing law students like more than to talk to other law students about being law students. Take advantage of it. Some of the information may even be useful. Also, try not to let law school completely dominate your life. Buffalo offers a wide selection of movies, speakers, and art. It is also the home of chicken wings and beef on week. The students sitting next to you may turn out to be the best part of the next three years. We who did not discover our classmates or Buffalo culture until second semester have regretted those losses. That regret is just a small indication that friends and good times can be compatible, if not essential, to law school life. So take a look around you today. Think about where you'll be in one year and in three. Try and remember your first impressions. We guarantee that they will someday be a source of tremendous laughter. In any event, ha^ve a wonderful year. Law Grading System Explained, Criticized by Sarah Ayer The grading system at the of Buffalo Law school may be somewhat different from that which you are accustomed to. There are four basic grades: H-Honors, Q-Qualified, D-Credit, and F-Failure.- While some professors give further designations such as Q+ or Q-, on/y for administrative (money) the H, Q, D or F will show up reasons, all LMP students were on your transcript. The changes in the marking enrolled in one section. were implemented system Because many in the program turn out to be people of color, through the combined efforts some students (non-LMP and of the students, faculty and adLMP) claimed that the program ministration in the early 19705. years since the law was segregationist. After much In the ten the students discussion, debate and school switched, have faculty consistently and negotiation among interested reaffirmed their commitment students, faculty and adto this system. ministration, LMP students are The Law School grading now enrolled in two sections. premised on the noThe' twelve-year evolution and system is tion should be for that classes thus the pro's and con's of this that a numerical and learning is one dispersal of the subjects always reflect of the Special Topics session at grade may not the true extent of the student's Orientation. All interested perknowledge. The H/Q method sons are encouraged to attend and its so that later in the semster has its supporters sides seem to detractors. Both when you have lived the issues, think that be a might there comment is compromise your the somewhere in knowledgeable and your admiddle. vice well-founded. The supporters contend that Finally, for your information, the members of the Special Program Committee for the 1982-83 academic year were Professors Freeman, Olsen, Spiegelman and Swartz; students Michael Colon, Scan Courtney, Rita Hubbard and Manny Sanchez; and ad minstrator Garcia. This year, I will be serving with Professors Olsen, Carr, Freeman and Meidinger. Students who are up for this work should interview with the SBA after preparing their cases for why they should be chosen because many are interested. As long as you have read this far I will take the opportunity to congratulate you on your choice of school. You will find that the LMP is only one aspect of much that is unique about UB Law. The staff, the faculty and the various administrative animals will work with you in the next three years. Work with us and each other. University Legal Methods Discussed by Vivian Garcia At the behest of interested upperclass persons, I write to inform you of the Legal Methods Program (LMP). Your colleagues are concerned with the lack of information on the program to those not directly involved in it. Last fall I wrote an article similar to this one in the interest of information maximization. Last spring still found folks claiming administrative ineptness, or worse, administrative "coverupdr because "nobody ever told the students what the LMP was about." I am convinc- students also meet with teaching assistants who attend their classes and attempt to help the students with any questions they may have about the courses. First year faculty work with the TA's in structuring extra assignments and practice exams for the LM participants. All this occurs because of the school's commitment to recognizing the existence of applicants who have succeeded in undergraduate school or in other endeavors, many despite educational and economic disadvantages. What most of the students selected do not have is an ed that the timing of this infor- LSAT score in line with our mation is the culprit in that the general admissions standards. incoming student is beseiged Based on the fact that quanby new information. Orienta- titative measurements of suction cuts both ways in that cess in law school are not inregard, i.e., it orients so much fallibly reliable predictors, the that disorientation is in- Special Program Committee evitable. Insofar as we not only strictly scrutinizes applicawant our student body well in- tions for other signs of achieveformed on the subject and in ment that portend success in fact spend recruitment dollars law school. Neither the LSAT spreading the word, I will give nor these qualitative variables you the background on the claim to predict success as a student or an attorney. Indeed, program and we will also addressthe issues involved at the I suspect and hope that were I Special Topics session on the to distribute one of many questionnaires you will receive in first day of Orientation. The LMP is a first-semester your law school career, I would have 250 definitions of program, the central component of which is the Legal "success." What the LSAT Methods Course taught by Pro- does claim to predict is a fessor Emeritus Jack Hyman higher level of difficulty in the which the LM students take in first year for students with lieu of Crimes. Approximately 20 students specially selected by the Special Program Committee arm of the Admissions Committee are provided with an introduction to the techniques of case study, problem analysis and examination writing through the vehicle of landlord-tenant law. LM lower scores. The LMP Is founded on the belief that with special attention and hard work during the first semester, especially with regard to the technique and language of law study, the people in the program will achieve here as they have elsewhere. Prior to 1982 and I dare say, August 22,1963 this grading system encourages, the students to pay more atten- tion to absorbing the class material, than to their ranking within the class. They believe that this method removes some of the incredible pressure that law students at traditional schools are placed under. This pressure can be especially intense in your first year. The supporters say that once the pressure is lessened, the student is better able to really learn the material. Another argument in favor of the H/Q system is that it reduces the competition (with the oft-accompanying backstabbing results). While you may not want to leave valuable books unattended, you really don't have to worry that a classmate will deliberately give you wrong or misleading information. Generally, law students are very supportive of each other. The final supportive argument is that the old numerical system inflated people's egos without really distinguishing who would be a better practicing attorney. If someone got an 89 and another person got a 79, continued on page 2 More inside on surviving first year. .. �President's Corner Vol. 24, No. 1 Monday, August 22,1983 Editor-in-Chief Mary Ellen Berger Students' Participation by Managing Editor Ray Stilwell Jill Paperno News Editor: Lisa Kandel Feature Editor: David Cass Photo Editor: Kathy O'Hara Rob Sant Business Manager: Contributors: Sarah Ayer, Nick Capobianco, Jill Paperno, Jud Weiksnar © Copyright 1983, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial of Opinion Freedom for this marks the last issue of The Today Opinion semester at U/B Law School and the first issue for a new editorial board. As professors and instuctors wind down their courses, and students and near-graduates rev up for exams, we may do well to pause for a moment's reflection upon our individual roles within the academic polity here at U/B. The nature and characteristics of the curriculum offered us as law students has been very much in issue recently. We at The Opinion work diligently to provide an open forum for the expression of ideas by both students and faculty. We commend the administration for providing the open forum on April 14 on the "Buffalo Model" and for fielding a wide array of questions and gripes from student members of the U/B Law community. We urge the administration, however, to consider the issues raised as still viable and very worthy of deliberation. Many students fear that the open forum was merely a gesture of appeasement and lacked any substantial commitment to change. In the same vein, we urge studens concerned with, the content and direction of the curriculum here to follow up on their concerns and to act responsibly to effect change where needed. Freedom of thought invariably leads to differences of opinion. This is evidenced every day in the classrooms, newspapers, and conversations within a democratic society. Liberty has an intellectual quality to it which must be exercised in order to ensure that all members of the particular community affected by those differences of opinion are heard. We are best suited to protect our own liberties and, therefore, must act to be heard. As law students, we know that there are many sides to every issue in dispute. As the voice of law students, The Opinion welcomes all of these sides to represent themselves within our pages throughout the upcoming academic year, In this way we may hope to formulate a public passion for the law school community and become responsible members of the U/B Law polity. Sign In, Please!! Our editorial page has sparked a great deal of debate on a of issues in the past year, and we of course welcome this. However, we are concerned about the number of letters that have been submitted in complete anonymity. Such letters concern us because they implicitly limit the scope of the debate that they simultaneously cause (see the Editor's Reply to the "Buffalo Model Chastised" letter in the April 6th The Opinion). We also have more down-to-earth concerns: if we are uncertain of an author's intended words in an anonymous letter, we have nowhere to turn tb find out what was intended. When editors are concerned, they usually formulate editorial policies, and the recent spate of anonymous letters has inspired us to formulate one. Beginning with this issue, we will only publish letters to the editor that have been signed by their authors. We will insist upon this measure of accountability in order to preserve the integrity of our editorial page and the intentions of the authors whose letters appear.on it. At the same time, however, we recommit ourselves to printing, unedited, all the signed letters that we receive; further, we will, upon request, withhold the name of any author.. We hope thatthis policy will not limit the views that our letterwriters express. We have promulgated rules, that all of our variety warned. The Student Bar Association is the student government of the law school. It disburses your activity fees to most law school clubs and organizations, charters new groups, appoints students to studentfaculty committees, sponsors social and educational events and represents law students in the University community. The SBA Board of Directors spends your money and makes policy decisions affecting the entire Welcome to U.B. Law student body. Your involveSchool. As you dive into the ment is encouraged. Attend frenzy of the first few weeks meetings, ask questions, join a many activities and events will committee or run for office. The Board of Directors is slip by you unnoticed. On behalf of the Student Bar composed of eighteen Association I'd like to alert you representatives (six from each to some things you should not year) and four officers. miss. First though, I'd like to Generally, the responsibilities Plan Now For Future Employment The Class of 1986 TO: FROM: Audrey Koscielniak Career Development Office careers are the same. The large law firm experience is totally different from a small practice. If you are interested in quick client contact, personal case responsibility, or courtroom experience, you may want to look into public interest or government work. If you prefer library research, you may want to consider a judicial clerkship or legal publishing. Become familiar with the various types of law or lawrelated careers available. Attend Career Day Programs. Meet and talk with the attorneys on an informal basis whenever the opportunities come (e.g., speaker programs, One-to-One Program, guest lectures). Become a member of bar association committees or sections devoted to areas of law you are considering (e.g., Student Divisions of the American and New York State Bar Associations). continued on page 3 Opinion August 22, 1983 of representatives meeting per week and — — one one of- are light enough fice hour that first year students are not overwhelmed. Elections will be held within the first three weeks of school. Faculty Student Relations Board members are also elected at this time. In order to run for a position on the Board of Directors or the FSRB you must have a petition signed. Petitions with instructions will be available in the SBA Office (room 101) in about two weeks. You will also have the opportunity to write an article for The Opinion and field questions in a candidates'forum, date to be announced. If you'd like more information about SBA, the law school, the University, Buffalo or the world please feel free to stop by 101. Also, Freihofers are always welcome. Best of luck!! Welcome from the Dean The Human Factor making arguments or thinking Welcome to the Law School through problems with the at SUNY/Buffalo. You pro- care and precision that is bably approach law school characteristic of legal reasonwith mixed feelings of curiosi- ing. In different ways and setty, excitement, and, perhaps, a little trepidation. None of that As a first-year student, your is unusual. Our task in the first first task is to evaluate year is to enhance the curiosity yourself. Candidly determine and excitement and dampen your strengths, weaknesses, the uneasiness. We also hope personal qualities, interests, to impress upon you the need skills, and values. Not all law for a clear sense of the law and its place in our society. Law reaches into virtually every aspect of human life. It sets, for example, the patterns of relationships between doctors and patients, employers and workers, multinational corporations and third-world nations, and local governments and porn-sellers. You have already spent at least 16 years in formal education and several more in learning about tings, your first-year experience will try to develop and improve your ability to reason and make reasoned arguments. Because of their seeming centrality to your first-year legal initiation, the study of cases and statutes can be captivating; it also can be misleading; it may look like that is all there is to learning law. But clearly there is more; there is the whole process of how and why the statutes and cases read as they doand what effect they have on the attitudes and actions of people. It is important to keep the how and why of the law foremost in your thinking. Legal analysis has a tendency to distill the human factors from immediate consideration and to treat individuals in an abstract way and human problems in intellectual and conceptual terms. Yet the law is about and for people. Successful lawyers understand the human and emotional needs of their clients. May those human concerns be first, last and central to your approach to the laws of nature and the nature of people and institutions. Because life is the raw material of law, you will draw heavily upon this experience in learning to be a lawyer. Beware, therefore, of any tendency to leave your knowledge and experience in life somewhere in the swamp between the parking lot and John Lord O'Brian. You will probably not bring becoming a lawyer. to law school, however, much experience in reading and Good luck, understanding constitutions, Thomas E. Headrick statutes or judicial decisions or Dean . Grading System. an artificial barrier was set up between them. The supporters believe that in the actual real editors will follow, that are designed to protect the confidences world the 79 student may be as that authors place with us. The rules are fairly complex (we will good or better than the 89 stushow them to anyone upon request), but they basically limit dent. Under the H/Q system knowledge of an author's identity to one member of our editorial both would probably receive board. In sacrificing your anonymity to this one individual, in Q's which means that the proreturn you will receive both a promise to.publish your letter as fessor considers them both you want it and assurance that is will say what you intended it to qualified in that particular subject. say. The detractors of the system We realize that not all authors will know of this policy, and that others will not abide by it. If we receive a letter without a are just as vehement in their signature, we will not publish it unless and until it is signed. One opposition to the H/Q. They of our editors may attempt (discreetly, of course) to contact you say that this system doesn't and obtain your signature so that your views may be published. reduce the tension level that We hope that you will respect our intentions in attempting to much. Often (especially in first contact you in such circumstances, just as we will respect (and semester freshmen receiving protect) your right to publicize your views without publishing all Q's) this system leads to frustration and a feeling that your name below them. 2 reassure you that law school does not have to be the anxiety-inducing experience of which many of us were urged you could .. continued from page 1 have earned the suspicious of our grading same Q's by putting in half the system. They often prefer work. They also contend that students who have grades that the biggest thing that is ac- can be readily understood. complished through this Also, UB does not rank its system is to allow the lowest, students, so that you have no marginal Q's to receive the true indication of where you same mark as someone who stand. was just a bit below an H. Whatever you feel about the (Remember only the H/Q Law School grading system, it shows up on your transcript). is the one that we have. If you Many people feel that the only have questions about it, ask people who benefit are those your professors. They are the who might not cut the grade at best equipped to answer your another law school. Another questions about their own complaint is that even though grading qualifications. Each the grading system is professor is different and each somewhat understood in Buf- relies upon his/her personal falo, prospective employers criteria to evaluate the outside of Buffalo are students. �The Student's Guide To Classroom Etiquette by David Allen Caw Rather than writing an article on the Buffalo Model, a term that has approximately 768 interpretations, I have decided to write something on the dos and don'ts of classroom behavior. For those who know me, it is ironic that I am writing on this topic. However, ironies never cease to exist. If Macduff can slew Macbeth, and Titus Andronicus can bake pies, then I can write on classroom etiquette. The behavior that one demonstrates in the lecture hall could mean the difference between a very successful career, and the professor giving you a dime to call your mother (actually, by the time you read this article, due to not sit motionless. If you can answer only one question, sick, or make believe that you are in the process of solving volunteering some informasome intricate legal problem tion, you are on the right track and that you will surely share it to being left alone the rest of with the rest of the class when the semester. If by some it is solved. If you are the type strange miracle, you answer of student who talks because correctly, your semester is you like to hear your voice, guaranteed. The odds are 80-20 now is the time to waste the that you will not be called classes' time. upon until you raise your hand. For those who like to fall The professor will now know asleep in class, sit in the back that you are one of those rows. The air ventilates better, students that are always and your rest will be more inprepared and will try to vigorating. Please do not rustle socrates those students who the Times if you are going to look like they are acting in- terested out of fear. The notetaker, the student who never looks up but has his/her face in his/her notebook writing, might not be spared the teacher's wrath (for students falling into this category, sit in the first two rows so the teacher knows that divestiture, it will probably you are taking class notes and cost you a quarter. For those not practicing to be the next who are in section 2, the pro- Leonardo Da Vinci). For those ceeds collected from member- students who use the confusship in the October Revolution ed, "I have no idea what is gowill probably be used to call ing on" look, to parry the home). teacher's offensive be sure you On the first day it is always sit in the front of the room so good to make a nice impres- that the teacher will not consion. Do not come dressed like fuse your confusion with an exa Dead-Head, Meat-Head, or cretion disorder. The first day strategy is not Egg-Head. That is, of course, unless you are one. As a pea in guaranteed. Many professors a pod, the Mao-Tse Tsung like to think that certain clothing store has the uniform students are their "ace in the clothing needed to be inoffen- hole" and can.help them out sive. I think gray is the only when the rest of the class is color in stock this week; one dead. It is at this time that you are in trouble. To avoid being will have to look. Once you arrive in class, do called on either fart and look Placement Office. Read. Clance regularly at the various legal newspapers and magazines available in the Career Development Office and the Law Library (e.g.. Student Lawyer, The American Lawyer, The National Law Journal). You will raise your recognition level of law firms, attorneys, judges, issues, employment trends, and geographic locations. In some cases you may have to take what you read with a "grain of salt," but learning something is better than floundering along in the dark. Talk with fellow students. Upperclassmen can be very helpful in giving you the inside story. You can benefit greatly from their experience and perspectives. In fact, talk with everyone. Don't be shy in talking to people about your career interests. You never know who knows whom. A casual conversation at a party may lead to a contact. The result may be advice, or even a job. It's happened. Study. Though Buffalo's atmosphere is certainly less competitive than many other educational institutions, please do not lose sight of the fact that grades are still an important part of. your prospec- tive employment success, or lack of it. Be active. Become acquainted with the various organizations and activities at the Law School. If any one is closely related to your area of interest, become a member (e.g., if international law is to your liking, join the International Law Society). Other organizations will help you develop your practical skills (e.g., Buffalo Consumer Media- continued from page 2 tion Service), research skills (Buffalo Law Review), or oral advocacy and brief-writing skills (Moot Court). Extracurricular activities can reflect your leadership abilities (e.g., Student Bar Association) or simply round out your interests (basketball). Get to know the Career its Development Office — be sleeping. It is a dead giveaway. Also, if you like doing the crossword puzzles, do not ask the professor for a three letter word describing what he/she is. Where to sit for those who are not used to making such decisions is probably the most traumatic, and endearing. The front row seems too anxious, (however, if you have a propensity for saying stupid things, the front row enables you to not have people laugh in your face) and the back row seems to slothful. Right in the middle seems to be right in the teacher's line of vision, but depending on the size of the teacher it might vary. Studies were completed by students and faculty of this law school, on a grant by Exxon Corporation's National Classrom Administration Division, and it was determined that the sixth row was the least likely to endure the professor's wrath for long. As Richard Nixon once said, "Trust Me." very For Those Weekend Athletes by Nick Capobianco U is 3:00 A.M. and your patience is beginning to wear thin. You have just spent the last sixteen hours on your legal studies and tomorrow promises to hold nothing but more of the same. Such is the tension which can mount during your unbridled tour of law Main Street campus has handball, racquetball and squash courts available on a reservation basis. An I.D. card is required, and you should call two days in advance (831-2924). There are also basketball courts, a swimming pool, and weight training facilities. On the Amherst campus, the spacious new Alumni arena, school academia. To avoid this horror of which opened in September boredom, it is necessary to find 1982, caters to all athletic an outlet to vent the unwhims. The Arena also requires necessary frustration which the use of the student I.D. can build within. One of the card. Racquetball courts can best ways to let loose is be reserved by calling physical exercise (not meaning (636-3147). This new facility the lifting of beer mugs or also provides excellent basketmarihuana cigarrettes). An ball courts, a weight-lifting hour or two of well planned room, large lockerooms and a . gamesmanship is not only a therapy room. great deal of fun, but also an Although scheduled for excellent way to relieve the future demolition, the "Bubpressures of a demanding, ble" (an air supported canvas nerve-wracking experince that dome over a parking lot) has we call LAW SCHOOL! The basketball courts, two univerUniversity of Buffalo offers a sal weights sets and occanumber of physical activities sionally tennis. The Bubble is (not necessarily the ones belocated between the Academic tween the sheets) for both the Spine and Ellicott Complex. weekend athlete and the Although physically unattractive, the Bubble can provide an serious minded competitor. The University athletic excellent forum for the facilities, although strewn amateur basketball player to across two campuses, are sharpen his or her basketball available only when the inter- skills. For the competitive minded, collegiate teams are not using are Law School sponopportunities However, there them. are numerous enough to allow sored intramural basketball, even the most hesitant of volleyball and softball athletes the chance to par- leagues. These are at one and the same time uproariously ticipate. Clark Hall, located on the funny and seriously com- staff, resources, materials, handouts, and programs. The CDO Newsletter, which is distributed to student mailboxes at the Law School, will list many employment and New Waves career information highlights. Although most of the items will probably be directed to 2nd- and 3rd-year students, the by Jud Weiksnar Newsletter will give you a feel for what happens and what So you're a first year law stuyou can expect during the course of a "placement dent and you think you'll have season." If you know what's to stay in and study on coming up, you'll be prepared weekends? Well, you have to go someplace when the library and ready to act. If you heard that legal jobs closes. Here are some suggesare scarce, you have heard cortions (check the Gucto section rectly. Eligible members of the in the Buffalo News every FriClass of 1982 had a 92% day for details): employment rate at bar admission time. Their success was due to their long, hard efforts The Biggies The Continental, 212 at finding suitable positions and, for many, their taking ad- Franklin Street, downtown. average your vantage of the resources Not available here. It is crucial that neighborhood bar. Buffalo's you understand as early as only real "New Wave" club. possible the types of oppor- Downstairs features live tunities that exist and how they music. Cover charge varies from $2-$6 depending on can be located. whether the band is local, naDevelopWe in the Career ment Office, want to help. If tional or international. Drinks you need assistance, have a are cheap. Good dance floor problem, want to register a upstairs. The punkers roll in offer a sugges- around 3 a.m. Leave your complaint, tion, do not hesitate to come alligator shirt at home. Rude Boys; Hertel at Starin, to see us. Make use of our ofa mile from Main Street do, about usually fice. Those who Campus. Reggae, reggae, regfind jobs. petitive (depending on both your frame of mind and your opponents). There are also other intramural activities sponsored by other divisionsof the university, including a dangerously exciting floor hockey league. Of course, the physical activity which has most come to symbolize our times is running. The Amherst campus offers a variety of routes for all types of runners. Lake LaSalles' two mile circuit offers eighteen exercise stations and three levels of exercise that is guaranteed to exhaust even the most avid enthusiast. Wherever you are situated, you will find ample opportunity to stretch your legs. There are also numerous outdoor facilities. Basketball and tennis courts are available behind the Arena, adjacent to the Ellicott complex, and on the Main Street campus. There are also numerous athletic fields and grassy patched areas. While the listing of recreational facilities may prove informative, it can also be futile unless you make the effort to get out and at least for a while, leave the tedium of law school behind. Be imaginative, take an undergraduate course in dance or a YMCA course in aerobics. The important thing is to get involved. It is a great way to meet people and rediscover the real world that lies beyond O'Brian Hall. Buffalo's Dance Club Scenes gae. No live bands, but a good Aye. More a gym than a club. d.j. and extensive record col- On weekends they try to hire new lection keep the dance floor the best local packed. No cover charge, music/dance bands. $3 admismoderately priced drinks. Laid sion charge, cheap beer, wine and cider. Almost a sock hop back crowd. 2007, in the University atmosphere. Great for danPlaza. Break out your cing. disco's not dead Pastime Lounge, 491 Grant polyester yet. $3 cover charge and ex- Street. Another West side pensive drinks (by Buffalo establishment that books local standards), but if you want to bands. Located in the old dance, this is the place. Huge moviehouse. Atmosphere is dance floor, hard core disco cross between corner bar and music. Live bands play jazz dance club. $3 cover charge, and "wedding reception" cheap drinks. Mister Good bar, 1110 music in the adjoining lounge. Tralfamadore Cafe, Main Urnwood Aye. Downstairs, it's Street downtown. Classy a singles bar. Upstairs, it's a combination living roomnightclub, but not prohibitively expensive. The Tralf books dance floor-stage where local top quality jazz, folk, blues, bands play for a $3 cover reggae, and comedy acts. Get charge. Central Park Grill. 2519 tickets for big name performers in advance at Main. The backroom gets crowded at times, but the Ticketron. music is good. Local perLew well known, but worth formers play jazz, blues, and folksy stuff. No cover charge, checking out West Side Community reasonably priced drinks, Center, 382 Massachusetts nothing fancy. — August 72, 1983 Opinion 3 �I ■ I ORIENTATION 1983 ■ Monday, August 22, 1983 - Check In / Coffee & Doughnuts 8:00 9:00 am 9:00 -10:30 am — y V 10:45 -11:45 am | / / 11:45-2:00 PM I — Moot Court Room First Meeting General Welcome & Introduction - Small Group Meetings The students will meet with second year students to go over information. Rotating Schedules: These will include 1) Lunch, 2) Tours, 3) Section meeting with Pro- fessors. Section 1-11:45-12:15 1:30 2:00 pm Section 2 Section 3 1:30 2:00 pm — — - Meeting with Charles Carr & Vivian Gar- 2:00 ? 7:00 I I - - cia/ Selected Topics I Bar Party ? Tuesday, August 23, 1983 12:00 -1:30 pm - 1:30 2:30 2:30 - 3:30 pm - 3:00 5:00 pm - General Meeting Moot Court Room - Seating Chart Photos Aid — Financial — Housing Information Buffalo Model Meeting/Organizations - Wine & Cheese Party Library cAnnual Opinion Recruitment T^arty & Open House Is^^^pmin^ I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-08-22 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c6b1ff0954bf020b5fb9deb9c5c9ad29.pdf b591e06f9ac082ad36497810448ed6c2 PDF Text Text Vol. 24:2 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 30,1983 Hail to the Chief Third Year Students Fare Well In National Moot Court Tourney by Wendy Cohen The Law School's moot court teams continue to do well in national competitions, the most recent success coming in early August when third year students John Curran and Len Gulino advanced into the quarterfinals and placed sixth in the National Appellate Advocacy Competition in Atlanta, Georgia. The August Competition marked the end of eight months' worth of preparation, which Len and John began in January 1983 in anticipation of photo by K. E. O'Hara Third-year student Creg Phillips was elected SBA President in this month's election. See page 3 for all election results. Oregon Law Dean To Deliver Lecture by Wendy Cohen •x Dereck Bell Dereck Bell, dean of the University of Oregon Law School and nationally known expert on race relations and the law will be the Law School's first Mitchell lecturer 6n t October 6th, in the Moot Court room at 4:00. Mr. Bell and a panel of local scholars will speak on the topic "The final hurdle: Class based road back to racial remediation." Dean Bell is the author Of the text Race Relations and American Law, and is an advocate of nonintegrationalist remedies to continued on page 4 photo by M. E. Berger the regional rounds held last Victorious third-year students John Curran and Len Culino April. Nineteen of the 130 which participated teams the regional competitions were selected for the National Comtion, argued by John. While tive outside of moot court petition hosted by Emory they did not have to write a competitions. The CompetiUniversity July 31-August 2. brief for the regional competi- tion was weighted towards To their surprise, John and tion, the partners spent long brief score, with each round Len finished lower in the brief evenings during the summer being determined 60 percent writing one for the National on brief score, 40 percent on writing portion of the Competition than they had expected, Competition. Although disap- oral argument score. Len and-John lost their first and thus had to make up pointed to place sixteenth in ground in the oral arguments. brief scores,-the team did learn round against Hastings(San This they clearly accomplishthat in the Appellate Advocacy Francisco) by less than a point, ed, with John winning the Competition, the best way to but won their second round award for Second Best Oralist, proceed in brief writing is the against the University of and both teammates receiving "shotgun" approach. California at Davis by five This " shotgun" approach, points, the widest margin of good scores 'and favorable comments from the judges in utilized by the teams which any team in the Competition. the three rounds they argued. received the highest scores at In the third and quarterfinal The Competition's problem the Competition, involves round, UB faced a team from revolved around constitutional arguing? every conceivable Gonzaga University which had law questions. Students were legal issue in a case, regardless finished sixth in the brief scorasked to assume that a na- of the strength or weakness of ing, and thus UB had to make tional products liability act, the particular argument, in the up a lot of points in order to similiar to one currently under hope that one argument will finish close. Judge Moore, a consideration by Congress, has persuade the judge. Instead of Justice of the Supreme Court been passed and its constitu- using a "shotgun" approach, of Delaware, gave John a score tionality is being tested. The ÜB's team tried to use only its of 100 and Len 99 for their problem presented a strongest arguments, a techni- argument. Commenting on the federalism question, argued by que that Len and John feel is quality of the arguments after continued on page 4 Len, and a due process quesmore realistic and more effec- Psychologist Becomes UB Faculty Member by Lisa Kandel testified as an expert witness at many trials. It was this experience with the legal system which influenced his decision to attend law school. In explaining the relationship between law and psychology, Ewing pointed to the criminal law field. This Charles Ewing has just joined the faculty of UB Law School and is currently teaching Crimes Section 1 of the first year class. The 1983 Harvard Law School graduate has a unique and interesting "heavily is background, impressive field academic credentials, .and a psychological" in that it freconsiderable amount of quently involves disputes about the mental state of the teaching experience. his accused and/or his victim, EwAfter receiving undergraduate degree from ing said. recently Ewing has Utica College in 1971, Ewing went on to graduate school at demonstrated the interrelaCornell, earning a doctorate in tionship of the two fields in an psychology in 1975. He spent article soon to be published in the following year as a postdoc the American journal of Law at Yale, writing a book entitled and Medicine. In this article, Crisis Intervention as Ewing discusses the inherent dangers of psychological Psychotherapy. predictions in capital sentencing proceedings. Law and Psychology Ewing has taught at Cornell Ewing then moved to Rochester and began to prac- University, Mansfield State tice psychology. As a specialist College, Tompkins Cortland in forensic psychology, he Community College, and Brandeis University. His teaching experience is primarily in the psychology field, although he did teach an undergraduate law course at Brandeis last year. , From Boston to Buffalo Besides ÜB's good academic reputation, Ewing decided to accept this faculty position because the Buffalo area has a substantial American Baptist population. Ewing's wife. Sharon, is an American Baptist minister; they wanted to live in a community which had career opportunities for them both. After having lived just outside of Boston for the past few years, Ewing and his wife have found, that living in suburban Williamsville is a drastic change. "It's hard to come from a big city like Boston, " Ewing explained. "There will probabjy be fewer distractions. more time to work," he con- tinued. Ewing stated that he had found the students at UB "very impressive." Having just graduated from a law school attended primarily by those "fresh-oiit-of-college," Ewing is particularly pleased by ÜB's diversity of students and their wide age range. In addition to his teaching responsibilities, Ewing still does consulting work in forensic psychology by conducting workshops for those who testify in court. He is also involved in the continuing education of mental health These professionals. workshops, which will soon be videotaped and distributed nationwide, provide general in- formation about the legal system and the role and conduct of testifying clinicians. Professor students. t- OHara Ewing teaches Crimes to ÜB's first-year law photo by K. —"!■-"- Charles In response to a question regarding his free time, Ewing replied, "What free time?" �Vol. 24, No. 2 Friday September 30,1983 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editor: Photo Editor: Business Manager: Staff: Wendy Commentary y Boris' Banter from Buffalo by left Johnson Lisa Kandel David Cass Kathy O'Hara Rob Sant Anne Cohen, Jud Weiksnar Contributors: Ted Araujo, Brian Collins, Leah Edelstein, Jeff Johnson, Eric Turkewitz, Rob Turkewitz, Steve Wickmark Production Assistance: Bob Cozzie, Victor Siclari, Martha Beach © Copyright 1983, Opinion, NBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, NY editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo Loss of Autonomy The divergence of classes from Main Street has increased demands on space and services provided on the Amhefst Campus. Consequently, the Law School is finding that its onceautonomous position is slowly being eroded. Perhaps this result is a necessary by-product of being part of a larger entity, but it is questionable whether the sacrifices exacted should go unchallenged. The most visible change concerns the number of bodies actually roaming O'Brian Hall. Classrooms which once were used fairly exclusively by Law School functions are now hosting undergraduate courses. Wending one's way through the first floor between classes has now become a subway-like ballet without the choreography. More seriously, undergraduate scheduling in O'Brian classrooms has not reached maximum use. This will be achieved during the Spring semester by restructuring law courses to fit 50 minute time slots, the university "norm." This change may entail rescheduling Mon-Wed courses to fit a Mon-Wed-Fri format. The question then is, what happens to people who work on Fridays? One might reply that even law students are in school to take classes, but much practical education is derived from legal jobs. The effect that this revised scheduling may have on clinics raises another headache. Clinics are short-changed with the present schedule. With many students undoubtedly vying to fill in their Tuesdays and Thursdays with classes so as to leave some days free for work, clinics barely stand a chance in procuring an adequate time slot. Continuing with the room problem, requiring space for organizational meetings are now confronted with the problem of reserving a classroom through one of the secretaries on the third floor, who must refer to the master list. Space is no longer easily attained. The demand for the first floor lounge has already shown itself to be a problem that, in all likelihood, will continue to worsen. And lest we forget, there is always the Library. In fear of raising the hue and cry of "undergraduates in the Library-" -yet again, it should be pointed out that Lockwood Llbtary does not provide the same access to its carrels that the Law Library affords to anyone. The polite notices posted on the Law Library carrels are clearly not a deterrent to anyone. Solutions to the problems have been suggested and dismissed in the past; they inevitably will be bandied about once again when increased numbers of non-law students find the atmosphere they seek in the Law Library. These complaints are not voiced in an attempt to minimize the difficulties facing the university community, but rather to express dissatisfaction with the course of things to come. The Law School once operated wholly apart from U.B. in its downtown location. Now, its resources are utilized with increasing frequency by the university at large. Given this retreat from autonomy and resource monopoly, it is fair that law students should be required to pay a $650 tuition increase while undergraduates only pay $300 more? After all, the Dental School managed to acquire an entire building once devoted exclusively to student activities; as a professional school, it would be nice if the Law School could merely maintain access to facilities at levels it has enjoyed in the past. Lastly, the merger of the Law School's singular identity into that of the university will be demonstrated at this year's commencement ceremonies. The once personalized celebration is being undermined in the name of fiscal conservation. This year's class will share an unearned degree of anonymity with the Dental and Medital Schools. To allegedly avoid complete depersonalization, a ludicrous scheme was devised whereby commencement will occur on two days rather than one. Saturday will host a "naming" ceremony for the Law School alone, while Sunday will see the conferral of degrees on all three schools. Your families will be delighted. One wonders how far "the powers that be" will go to homogenize the university. Their actions inevitably raise suspic)6hs regarding the administration's ability to set priorities where (aw students are concerned. Opinion 2 September 30,1983 -, Well, after two years of ignorant bliss, can no longer ignore social events at this fine institution. Despite Little Miss V's constant nagging, I have managed to avoid the gossip a week of reflection, is where the hell are we going to trade Bif? We've been talking a year now, but no one seems willing to pick up his contract (he had a good first year and weasled his way into an inflated contract) not even Syracuse. Can we get out of the contract? What are our options and what is our best course of action? You are an associate with a large, New York firm that pays you over onethousand dollars a week to smoke pot and take long "last" as it is more indicative of my future prospects) and my sage advice can no longer be denied those who need it least. The problem seemed simple, but close examination proved it to be tirelessly complex: I'm Boris and Bif is Bif and Cordy is Cordy —no question; but Nick Shminsky thinks "Nick" is boring, and since Mikey pouts over Momma Roriek, Barney will have to do; but what about John? As usual, John's problem is in committee right now, so the committee is taking suggestions care of this paper. answer to the I question: "John, what is your name?" will win some really intense stuff. Ideas for Nick and Barney will be welcome as fairfy well. I didn't even know well, but we will probably get. my roommate wasn't seeing it straightened out soon, so I don't worry. The big problem, my best friend anymore found out at the Awards dinner which I will leave you with for just after I made a joke about his fidelity (ie; to her) in a speech (ie; foot in mouth syndrome). Of course, that speech ended abruptly, but still managed to be longer than by Ted Araujo the Dean's famous 1982 Moot Court Dinner "Justice Congratulations to the seDesmond's a good guy; let's cond and third year students eat" speech. As I was saying, who have returned to pursue my ignorance can no longer their educations. Welcome to excuse lack of those of you who are just my participation in affairs here. beginning your association I'm a Last year now (I prefer with the Buffalo Model. (Congratulations are offered because it is difficult to return after a summer's freedom!) Every one of us has opinions. Unfortunately most of by Brian Collins these opinions seem to center around emotional criteria for Graduating seniors will be justification. The last edition happy to know that the Law of THE OPINION showed just School will once again have its how self-centered and biased Winning ... lunches with the younger partners. A senior partner has asked you to drafta memo on this issue. Write on every other line and keep it less than five blue books. Hand it in_to the "committee" c/o The Opinion no more than one week after you read this column. Good luck. A Beginner's Guide To the Buffalo Model Graduation: News Update own graduation ceremony, separate from the other schools at ÜB. Under a plan laid out by President Sample this summer, the Law School would have graduated with all other graduate and professional schools on Sunday, May 20, 1984. This plan was instantly opposed by Commencement people can be when they attempt to use a public forum to express their feelings about any given issue. For those of us who were present I am referring to the "debate" surroun- theories were never experienced or critically analyzed. The outcome of this theory of legal education is (to quote a first year professor) to escape the archaic theories of precedent and common law and end up with "Good men making nice decisions," or was it nice men making .good decisions? There also exists the assumption that we all attended this university because we all believe in the "Buffalo Model" as an enlightened way to learn justice. (Not a bad assessment by someone who never went to law school.) Finally, the two most important elements of the Model. One, that Peter Gabel's article on "Reificaton" is the authoritative text on all that is, was, and ever will be, and secondly, that all who would retain the present economic system of capitalism and property rights are evil or naive, or both. Now, I think that this is a fairly objective analysis of what the creators of the Buffalo Model think it to be. I challenge one of the authoritative members of the faculty to submit a better, more accurate description of the "Buffalo Model." I happen to believe that doing away with the traditions of the legal system will render the system ineffective and less responsive to individuals. (Then again, I believe that one can determine what the "national good" is; but do we really have anything in common? Not according to the "Buffalo ding the theory which guides 'our formative years in Law school. To those of you who are either first year students or transfers I shall attempt at Committee Co-chairpersons least a superficial analysis of frjn PeradottQ and Mary Idzwhat the "Buffalo Model" conzior. sists of. After discussions with Let me warn you that much University officials, in which to the dismay of the first year Peradotto and Idzior cited the professors, or at least some of' Law School tradition of a them, I believe that we as a separate ceremony and the society must operate underthe lack of identity with the other assumption that both analysis graduate and professional and decision can take place in schools, the University of- a more or less objective ficials recognized the need for fashion. (However, it is adthe Law School to have its own visable to regurgitate whatever ceremony. The result is that the Professor throws at you. although the Law School will Most are fairly inflexible.) I still be included in the gradua- personally think that the tion ceremonies on Sunday, Model is an aberration of legal May 20, 1984, it will hold its teaching that should not be own ceremony on, Saturday, tolerated, but who am I? May 19, in the Alumni Arena. "Buffalo Model" is the term Model.") This ceremony, which is being used to describe the amorBasically the Model is a called a "convocation", will phous philosophy guiding the representation of a very feature .the key note speaker first year curriculum. The limited political philosophy. and the individual naming of "Model" seems to be glued Rumor has it that Professor A. the graduates. It will be iden- together by an assumption that Katz is the originator. I've tical in alf respects to previous by exposing the inadequacies never met the man, (although Law School "graduations", ex- of conventional legal analysis he once told my roommate cept that the official conferr- the system, if it still exists, will that did not know what the I ing of degrees a one minute become more responsive to word order meant, and further ceremony conducted by a the individual. went on "to request, through University representative will While under the tutelage of my froommate, that I not ask take place on the Sunday this model, it is important to questions in class), but I hear ceremony. According ' to' remember that it is assumed that he is of the finest Peradotto, "The biggest that students aged and were character. Perhaps he will change from last year's educated in a vacuum where enlighten the students as to the ceremony will be in the use of power relationships, inetrue meaning of the "Buffalo the word "convocation" in- qualities, political Model". continued on page 3 philosophies and economic I thank you for your time. ' - - . �American Bar Association Recruits Members by Rob Turkewitz Membership in the ABA-LSD not only gives students the opportunity to get involved in the legal profession, but also gives students exposure to many different areas of law which helps students in their legal education and in making career decisions. The ABA-LSD's slogan for 1983 is "Learn tomorrow's skills today." There is much that can be said for this year's slogan. As a third year student I've not only received two years of education at a first rate law school (I am not a transfer student!), but I've also had the opportunity to work in the legal job market. It becomes apparent once you've gained legal experience that your education does not end once you've left the ivory tower and passed the Bar exam, but that your education only really begins. In law school We learn theory; how the law should be and the direction it's heading. After law school you learn how the law actually operates and how things really are. It's no secret; however, it's better realized now than later. By joining the ABA-LSD you have the opportunity to gain much practical knowledge from experienced practitioners. You can learn about the different areas of law and the important changes that are taking place. Finally, you can get involved and voice your interest and concern about the legal profession in our society. The LSD is now the largest professional student organization in the nation, comprising over 43,000 law students. It is also the second largest division in the ABA (Young Lawyers Division is the largest) and is well represented within the ABA with two votes. The ABA votes on important resolutions that affect us, as law students, and the whole legal profession. Eor example, this past summer at the ABA annual meeting in Atlanta, the ABA voted to adopt the Model Rules of Professional Conduct. The ABA is traditionally a conservative organization. Students traditionally represent new ideas and changes in , society. The LSD represents the student viewpoint in the ABA. Because we are the future ofthe ABA and the legal profession as a whole, our views are taken seriously. However, in order to express out views we must get involved, and in order to get involved we must become members. There are 29 sections within the ABA,, each devoted to a particular area of substantive law or of legal concern. Examples of sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, Natural. Resource Law, and others. There are also Forum Committees, for example Sports and Entertainment Law, and Standing Committees such as Environmental Law. LSD members may join any of the 29 Sections and Forum Committees at considerably reduced membership rates. Membership also includes subscription to the Section's newsletters and magazine. The LSD appoints student liaisons to nearly all of the Sections. These liaisons communicate Section activities to the LSD and help initiate programs that will increase student participation further, those who join may become directly involved in a Section or Forum, by communicating directly with the chairperson of the section. This week you will find an item stuffed in your school mailboxes. Caution: Don't send it on a barge toLackawanna! It is probably the most important item you will find in your mailbox the ABA-LSD Brochure and Application. To encourage your membership and support, consider seriously some of the tangible benefits described in the Brochure. Benefits like: Student Lawyer 9 months of the award winning publication of the Law Student Division. a twelve ABA Journal month subscription to the most widely read publication in the legal profession. - - - .. continued from page 2 . stead of "graduation" to describe the ceremony." In other Commencement News Students should be warned that they will soon be the target of a media blitz extolling the benefits of possessing the all new 1983-84 Buffalo Law School Entertainment Welcome From New Advisor by Steve Wickmark The "New foe Ruh" students,and anyone else who might care, that Joe Ruh did not dye his hair or gain any A friend of mine overheard significant amount of weight the following conversation over the past summer. What which took place between two Joe did do was graduate. He is law students receiving their at this very minute diligently daily dose of caffeine on the pursuing his legal career as a clerk in the U.S. Magistrate's Baldy Bridge. "Hey, have you heard what office and while he has not happened to Joe Ruh?" gotten fat he is certainly on his "You 'mean the guy in way to becoming a fat cat. ■ financial aid?" This note is also to introduce "Yeah, that's the guy. He's myself to those if you whom I dyed his hair and I'll bet he have not yet had the gained at least fifty pounds opportunity to meet in person. over the summer". In most cases having not met Well this note is merely to me yet is to your advantage, inform these two concerned since it seerhs that most of the ment establishments, and com- Faculty Student Relations Board: Rich Gottlieb Jill Paperno Chris Fink . Keith Martin (Alternate) First Year Directors: Craig Atlas Lori Cohen Roy Mura Jason Reid Heidi Siegfried Tony Torres . Second Year Directors: . people I have spoken to during the last mongh have had financial problems of one level of severity or another. My name is Steve mencement activities. Since Wickmark. I am the new the Commencement CommitFinancial Aid Advisor for the tee receives no SBA funds, the Law School student body. No I sale of the card is the primary did hot dye my hair over the means by which the Commit- summer either, but I did gain tee sponsors its various parties some weight which I have and functions throughout the resolved to lose as soon as I year. So do yourself and the Waves Commencement Committee a New favor and buy a Card, FARtYI! Election Results: President:- Greg Phillips Vice-President: Judy Olin Treasurer: Rob Sant Secretary: Leah Edelstein good semester! Financial Aid Update Commencement Update. : . Card.. Students should expect to, be molested in the traditional area, in front of the library, where the card will be on sale. Volunteers will be needed to man the table there. Interested persons should contact Tracey Kassman. The Card, which will retail for $10, will entitle the holder to discounts at theatres, entertain Membership following. Potential employers Section -substantive law sections at like to see that you ate involvprices reduced as low as 75% ed and committed to the legal of the regular ABA rate. profession. Membership in the Major Medical Insurance LSD and in any ABA Sections -now you and your family can will help convince them of participate in this popular plan your dedication if they see it with low-cost coverage during printed on your resume. If you law school and while waiting don't join for yourself, then do for admission to the Bar. it for your resume. One more Free ABA Membership thing; the law school as a -upon graduation and admis- whole, and each law school sion to the Bar within one year, organization may be eligible you will receive your first year for ABA funding if 35% of the of membership in the ABA school and/or its organizations free! are members.- The ABA-LSD Preliminary' Multistate Bar will provide matching funds of Review Course - 30% discount up to $750 per event. If you on the upcoming PMBR don't join for your resumes, Multistate Seminars. then do it for your school 22% Hertz Discount-simply and/or organization. present your LSD membership If you have any questions or card at any Hertz .office and would like to just toss a few you'll receive a special 22% ideas around please don't discount on the unlimited hesitate to drop me a line in mileage rates. Box #265. My name is Rob Before you run to your Turkewitz and I'm your ABAmailboxes, consider also the LSD Representative. Have a Sarah Ayer Vie D'Angelo Rich Gottlieb Gary Kaminsky Sue Kozinn Eric Turkewitz Third Year Directors: Tom Bantle Anne Carberry Tracey Kassman Kathy O'Hara J'» Paperno Larry Regan graduate from Law School. My job includes working for and with law students, sometimes as an advisor, sometimes as an advocate to insure that each student •receives the financial aid to which he or she is entitled. A large part of this job is spent just trying to keep students informed of issues and problems concerning financial aid. In light of this, it is my intention to make announcements in this column as the need arises throughout the school year. This week's most pressing question is SUSTA. As of this writing there has been NO OFFICIAL WORD ON SUSTA. Therefore if you go to the office of Student Accounts they will not give you credit for SUSTA even though you have received a maximum TAP award notice. This is especially important to those of you who are holding your Guaranteed Student Loan checks because continued on page 4 Changes: Labor Day 1983 Space Aud-ity by |ud Weiksnar The year was 1976. A college freshman, major undecided, went to a rock concert at the Aud, hoping to hear the song they were playing on the radio. Tickets cost $6.50. The freshman came out amused by the performer's following, but more importantly, impressed by his music. It was the best concert he'd ever seen, and it would change his musical tastes forever. The year is 1983. A law student, career choice undecided, goes to a Labor Day concert at . the Aud, anxious to hear anything by the performer. Tickets cost $18.25. He comes out satisfied. It's the best concert he's seen since 1976. In case you haven't guessed, the performer in question is David Bowie. When I saw Bowie in 1976,1 basically went hear him sing "Fame." At the time, he had just released the "Station to Station" album and was trying to downplay the Ziggy Stardust image. The people who came back then in green hair were surprised to to see Bowie come out in a tux, with a no-frills stage and no special effects. Now it's 1983, and Bowie is again riding the popularity of two top-40 hits —"Let's Dance" and "China Girl." There have been some changes, though. Despite the pop sound of his latest album, Bowie has proven himself over time as a true artist. He's performed on Broadway and with the London Symphony Orchestra, not to mention having appeared in several films. Right after his 76 tour, Bowie headed to Berlin where he worked with Brian Eno, breaking' inthe New Wave w"ith his overlooked "Low," September 30, 1983 continued on page 4 Opinion 3 �Attempts to Humanize Cleo Students' 'UB Experience' by Wendy Cohen "I walked in with my suit, hat, and white gloves, and was hired/right away," said Cleo Jubalis, recalling the day 24 years ago when she began her long association with the Law School. I After being hired on the ' Oregon Law Dean To Deliver Lecture continued from page 7 discrimination. Prior to accepting the position of dean at the Oregon Law School, Mr. Bell taught a course on race relations at Harvard Law School. His departure precipitated a controversy when Harvard assigned Alan Creenberg to teach the race relations course. Minority students at Harvard felt that Greenberg's assignment was an insult, both Also participating in the panel discussion on October 6th will be UB Law professor Alan Freeman, Buffalo State Sociology professor Sidney Willhelm, author of Black in a White America, and Buffalo State History professor Monroe Fordham, editor of Afro-Americans in New York Life and History. Professor Fordham is also director of the local Afro-American Historical because of the scarcity of Association's community minority professors at the history microfilming project, university, and because which preserves historical Greenberg's involvement with records and personal papers of the NAACP. Mr. Bell, in a Yale organizations and individuals Law Review article entitled who have been significant in "Serving Two Masters," has the history of Afro-Americans. Dean Bell will be visiting the suggested that national civil rights organizations sometimes Law School on Thursday, Octry to dictate integration to tober 6th, and will be sitting in Black parents, whose major on classes on Friday, the 7th. concern is not integration, but Dean Bell is eager to meet with the quality of education minority and other student groups. received by their children. spot, Cleo became secretary to the Faculty of Law and Jurisprudence, a faculty that in 1959 was comprised of only five members. Now secretary to Dean Headrick, Cleo has worked for five different deans since the early sixties. "I can remember a graduating class of about forty," reminisced Cleo, explaining that in her first years at the Law School she also worked in the admissions office, because the school was so small. Working in the admissions office allowed Cleo to meet students and to get to know them on a first name basis, a practice she continues as the Dean's secretary. "I think it's important to call people by their first names," remarked Cleo, whose talent for remembering the names of people she has only met once is well known. While Cleo enjoyed working downtown, she's gotten "used to this place," despite the isolation faced when the Law School was the only building on the Amherst Campus. There wasn't even a cafeteria on campus- the first year the school moved to Amherst, and everyone had to go to the malls for lunch, but Cleo pointed out "we did have a lot the cutting edge of the rock world. Bowie opened his current concert with selections from at those three Berlin-era albums. From there, he moved on to his more popular work. However, the concert was more than just a live version of David Bowie's Greatest Hits. Sopgs such as "Stay," "Cracked Actor," and "Star" gave the audience a concluded. Cleo's warmth and cheerfulness make her a good person in the Law School to know. Lirida Nenni, a recent graduate of UB Law who worked on the alumni relations staff, commented "The first thing I think of when I think of Cleo is that she's one of the top people both personally and professionally to know and work with. She's super." Students also find Cleo a good of parking space." Reflecting on the increased person to come to to size of the Law School, Cleo straighten out Law School admitted she is busier problems "I've asked Cleo for nowadays, but added she has help on several occasions and enjoyed meeting all the new she's always gotten quick professors who have joined tfie results and has been cheerful faculty over the years. Cleo and friendly about helping also helps faculty members out," noted third-year student with committee work in Barb Barton. Commented Dean Headrick: addition to working for the Dean. "I wouldn't be Dean unless Cleo and her husband, an Cleo was my secretary." enjoy architect, music, particularly jazz concerts, and New Waves "Lodger" "Heroes," and albums. While none of those l.p.'s was a commercial success (Bowie himself called "Low" ill-fated), they kept him dancing. "I really do like this job, and enjoy working here and meeting different people. People are wonderful," Cleo • continued from page J • • chance to recover from the tangible feeling of exhiliration that grabbed them during "Rebel Rebel," "Jean Genie," and other classics. The girl next to me almost fainted when Bowie picked up the acoustic guitar to lead into "Space Oddity," with the audience, singing along. If anyone denies having had Financial Aid from page 3 continued for the time being if you take your check to Student Accounts they will subtract from it your full tuition bill minus the TAP amount and you will have to wait for a refund once the official SUSTA allocation has been made. One additional piece of information: anyone who had his/her Guaranteed Student chills up and down their spine Loan application delayed by that point, either they're during the summer because of lying or they were passed out. the draft compliance snafu Actually, the crowd was and who have not received extremely well behaved. their checks by the 13th of Teenagers abounded, but they October, should stop by my weren't vomiting in the halls or office, Room 314, and check throwing things at the stage. on getting a waiver of your late No, everyone seemed caught fees-on your tuition bill. Finally, any student who up in the spell of rock's most charismatic performer and his attended undergraduate extremely talented .band. I school under a EOP, HEOP, or can't help thinking that some SEEK program should, if you John is considering par- freshman who went to hear have not already done so, see ticipating in another competi- "Let's Dance" will have his or Mr. Wallin immediately tion this semester. Len may try regarding a passible tuition one again in the spring, her musical tastes changed waiver. by whatever Mr. Bowie forever although he says it will feel up his sleeve for us next. funny to argue with anyone has else but John, who was also his partner in last year's Desmond Competition here at ÜB. We are pleased.to announce Geralyn A. Schiffler The overall winner in the Ap- that the following students Susan Schultz pellate Advocacy Competition have been invited to become Edward L. Smith was Southern Texas College of associate members of the Elaine A. Smith Buffalo Law Review: Law. Kevin A. Szanyi Kenneth W. Africano Amalia M. Wagner Charles Alexander Adam L. Wekstein James Arnone Third Year Students Fare Weil In National Moot Court Tourney continued from page I petitions this upcoming they had finished. Judge semester. Third year students Moore said that John was one Tim Prosperi and Al Bozer will of the best advocates that he represent UB at the Benton Nahas seen in his twenty years on tional Moot Court Competition the bench. on information~. law and Reflecting on the final privacy, at the1 John Marshall round, John explains that he Law School in Chicago, in late did well because he felt relax- October of this year. ed. "After the other team had Although they found preparfinished, I knew they would ing for national moot court a win, because they had been competition twice as much a good, higher and had very work as preparing for a class, brief score. I just relaxed and enjoyed the argument." Both partners commented on the high quality of the judging at the Competition, Len noting that the judges at the Atlanta finals were much more familiar with the details of the problem than the judges at the regional Associates Named . POSITION level had been. The tone of the Competition was serious, but according to Len it was not "cutthroat." Both John and Len were disappointed that the Competition's sponsors had not organized any social eyents prior to the arguments, making it hard to meet the other teams. Despite the midsummer timing of the event, John remarked that the weather in Georgia was nice, and that Emory University has a beautiful campus. Various members of the Law School's Moot Court j Board will' be participating in "com- ' ■ * Opinion 4 AVAILABLE Business Manager of The Opinion Solicit advertising and manage the finances of a major SBA organization! All Law Students Eligible to Run ELECTION AT 3:30 MONDAY, OCTOBER 3rd IN Tfffc OPINION QFIFICE Room 724 September 30, 1983 - Mitchell Banas George Bellows ICKnO IFjjjyUS Peter K. Bradley Arthur J. Bronson Does it Better, Terrence Brown-Steiner Elena Cacavas Paula Ciprich Kevin J. Fay Faster for Less! Typo3tt a Printed Timothy Feagans John Garas Paul Harursch Janet Heck Btwn et Writing SampksCophd John T. Kolaga Bruce Leiber William J. Maffucci Steve Markbreiter Patrick E. Martin Virginia McEldowney Paul McCrath Stuart Mermelstein * Kenneth Moskowitz Mark Mulholland James C. Riley Riichard Schaus ''• ALSO: •• Poatara Flyer* •• Brochures Ticket* Bin. Cards •• Lattertissoa Envelope* • 1676N.F.8M. 3171 MainSt Amhwat miniviM •» 834-7048 Buffalo www* 835-0100 �Attention all students! Enroll in BAR/BRI Bar Review course by Thursday, October 13, 1983 \ -■ ■ and save $100 off the regular course price. All you need is $50 to freeze the price of this special offer, and the balance need not be paid until you take the bar exam! * BAR/BRI Enrollees! The next MPRE exam will be offered November 18, 1983. Testing service applications are due by October 21, 1983. BAR/BRI will offer a free course for this exam. Simply put down $75 towards your balance, and we'll take it from there! • - , - ;•' \* .. ■ ■ ■. See table for more info. ii September 30,19*3 Opinion 5 �I■■■.■■''■ ' v ' ■ '_ ■ ■ ■ When you're faced with the decision of where to practice law, Whether you're making definite plans, or keeping your options open, BAR/BRI has you covered! BAR/BRI offers the widest selection of course sites and allows students to freely switch locations. If a student signs up for New York, does not mark his or her books and elects to take another State bar instead all monies paid will be transfered to the BAR/BRI course in that state. -, ; . . ■■... BAR/BRI offers a special "Take 2 Bar Exams" TM program. This program allows students to be admitted to the New York Bar and another Multistate Bar. For more info, see our table. Opinion 6 September 30,19*3 �Designated Hitter EliminatesBaseball Strategy by Eric Turkewitz In the American League (AL) today there exists a perversion of the game of baseball. It's railed the designated hitter rule (DH). From 1869 through 1972, baseball has grown to be the most popular sport in America and remains that way today. Despite this, some low people in high places, who have no knowledge of baseball, thought they could improve it. The DH rule change removed the pitcher from the lineup and denied him his time at bat for a permanent hitter who, in turn, did not play the field. This theoretically pulled the weakest batter in the lineup out and permitted an extra powerful hitter in. Thus, the game would have more hitting, more runs, and, of course, more excitement. Right? Of course not! The Lords of Baseball assume we are idiots. They mistakenly think we come to the parJ< to see a power game. If I wanted a power game, I'd change the game to football. (If I wanted a speed game, I'd watch hockey.) What I go to the ballpark to see is a game of strategy and finesse. Baseball combines strategic moves with power, speed and agility. Like many fans, I do not have power or speed or the slightest hint of agility. (I look pretty silly as the pivot man in a double play.) Therefore, I am not on the field but in the stands with the rest of America; save 650 lucky men in boys' clothes. The part of the game we can do is manage, or at least partake of a reasonable facsimile thereof. What the DH rule has effectively done is remove the biggest decision an AL manager must make: when to pinch hit for the pitcher in a close game. (Just ask Bob Lemon and Tommy John) The AL's brand of pseudo-baseball relieves the manager of making this decision. The rrt*nage.r must only wait until his pitcher tires and then bring in the reliever. (Unless you happen to be Billy Martin and want to bring out your starting rotation.) The manager never must decide TST the value of pulling his ace in the seventh or eighth inning to get across the tying run. It is true that pitchers for the most part don't measure up to Babe Ruth. It is also true that when he is on deck or in the batter's box, both managers are trying to capitalize and exploit the situation. Should the number eight hitter be intentionally walked? Should the pitcher sacrifice? Should he try to hit it past the drawn in first and third basemen? Should he only hit if the defense puts on a revolving infield? And, most importantly, should he be pinch hit for? Ah, AL, you can juit sit on your hands and forget about it. When that pitcher finally is removed in the National (NL), the League knowledgeable fan will now look for the double switch. It means simultaneously pulling the pitcher and one other player, and inserting new ones in the opposite order. It usually happens when the pitcher is due up the next inning but the manager must relieve him before he bats. It then happens that more pitchers get in the game, and more fielders. At least it happens in the NL. Manipulation of an entire cannot be underestimated. Aside from pitching and hitting dilemmas, the last big decision is also eliminated nowadays in baseball. The bench. It can best be summed roster in one up name: Dave Kingman. That's right, sports fans, Dave Kingman. Do you play him or trade him? Last year held down the fort at first base for the New York Mets, or at least tried to. He led the League in home runs and had 99 RBl's He could hit the ball farther than any player alive. You could then look the other way at the .235 average and too many strikeouts. He also had one other thing: bricks on the end of his arms. He is truly a pathetic,fielder. If you asked 100 Mets fans (no jokes, please; there are 100 Mets fans around), how they felt, 50 would say "play him," 44 would say "bench him," and 1 would say "trade him for a fan. It isn't watching baseballs is missing an important fly out of the park, for that will strategic dimension in its you take; the argument is a happen in either league; it's begames. classic one. All stick and no ing an armchair general. SeIt's good to know that 'glove, what do you do? In the cond guessing the manager baseball is alive and well in the American League the question and anticipating his next move NL. Now if only the AL would is moot; make him the DH. No is the best part of a NL game. wake up and end their little exdecision and, therefore, no se- Sitting on your hands is the periment, the full glory of the cond guessing the manager. best part of an AL game. Both National Pasttime could be What the DH has done is leagues will still have slugfests restored. destroy the best part of being a and pitching duels, but the AL Atleson Publishes Labor Opus In a brave venture into the solemn halls of justice, a law professor at the State University at Buffalo has taken the nation's courts to task for what he views as labor law decisions unfair to the working exists." The basic theme of the book is that assumptions and values about the economic system and corollary assumptions about the rights and obligations of employees underlie many' labor' law class. decisions. "One of the basic James B. Atleson, who assumptions which seems to teaches labor law at ÜB, underlie decision-making," he explores the issue in his new asserts, "is that continuity of book, Values and Assumptions production must be in American Labor Law, maintained." Another assumption implicit published by the University of Massachusetts Press. The in labor law decisions, Atleson book, a Lawyer's Literary Club notes, ( is that "employees, selection, is described by unless controlled, will act Atleson as "admittedly a irresponsibly, leading to dangerous mission into 'anarchy.' Thus, the strong uncharted terrain by a perhaps interest continued in too unsophisticated pilot." production limits the extent to "Nevertheless," Atleson writes, which employees may act to "such an endeavor is protect their health and important because it would safety." tend to broaden the scope of An analysis of American analysis to include basic issues labor law, Atleson further currently being ignored, help observes, "would have to set an agenda for empirical recognize the presence of study, and perhaps lead to a status assumptions." Judicial more realistic understanding decisions, he maintains, "assume that employees are a of the area." Atleson looks behind stated relatively minor part" of the legal rules and doctrines in the so-called labor-management field of labor law to show that partnership. "These status or "a set of underlying values class assumptions are derived ' from classical master-servant law," he says, "in which the servant's deference or respect need not be earned but, rather, was implicit the in employment relationship." "important Another assumption" in court rulings, according to Atleson, is that "the workplace is the property of the employer, and (therefore) speech and other interests of employees must compete with shadowy notions about employer ownership." Atleson points out that the problem of implicit assumptions "is not a new one" and that similar undercurrents existed in the common law long before statutory enactment of the National Labor Relations Board (NLRB) "tends to be more responsive to the goals, or intents, of the law than the courts." In many cases, Atleson commented in an interview, "-judges pretend that their decisions are based on reason and statutory law rather than economic values." "I'd like them to more honest," he added, "but I don't expect it." Kong WORD PROCESSING TYPING RES IPSA LOQUITUR MultistaU Bar integrated approach the ft[ew Tta Pieper /Vfeu; York State - |-TOT"O set of batting gloves." It doesn't matter which side Review Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. offers an to York Bar Exam. We emphasize sojhistkatei memory techniques, essay u/ritiwg skills and a concise, organized presentation of the law. You will k prepared and confident. PEEPER NEW YORK-MULnSTAIE BAR REVIEW It Speaks For Itself. Complete Editing Capability No need for retyping when editing drafts 16Typesiylc* Choose From * Repetitive Work-at Reduced Price* Xeroxing, Printing, Bulk Mailing Symbols to Printed to Look like Typetet Or Typewritten . Pick-Up All Work Guaranteed - * - Delivery Available 883-3348 Call Proto-Type Ask For Randy , Buffalo Reps: Janet Maclin James Walker 1517 Franklin Avenue Mineola, New York, 11501 (51$) 747-4311 limited Enrollment. Early Registration Discount to Nov. 30, 1983 September 30,1983 Opinion " 7 �; TWhile HAN THER 'S others, fau PREIfTON presu htroauvbele answerig some some special Each ration. think that some s t u d e n ther sophitcaed lecturs BRC w i d e can have multipe have have strenghs indv ual LOT o f e r s imped special rembing problems disparty aproches more tesing you c h o i e most p r o g a m time with squestion, writng elf-dicpn subtanive weakns. efctiv finest tail, or dnd we and lines diton with a/id to a OUTLINES, MORE fl is ENROL NOW AND SAVE! MYORK. arino-jseph DlVDO/^ NEW NY BROADWY, 71 17th 10 F6LO R les and tailor progams devloping to # •• # In ad bY MJOSEPH N ARINO DETAILD course optins ranwgiede a the L E C T V I R E S "come-andgti cumlative ANDEF CTIVE comprehnsiv law al. bar Some exam prepa avilbe, bar BRC makes The has gone each CAMSNHIP ISUEPROBLEM ONTIUS Personal CLINCS GRAPHS EVALUTION REGIMN reviwng tradionl varibles s t u d e n INTEGRAO the and the to the bar travel tedseab-l some than ares, esays preation. • EX and in fu'l all bar the and well strtuudleynt TO out- preation aplicnts bar PRACTIE w h i l e wil e f c t b e y o n d a p r o a c h t h a t t h e i r STUDY alow barto the uniqe. thes wiotherls wfuorlk to of of n*e d our special That is why not twork ime at during EXAMS. -MR � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5afb066d56db84f472fe635a2df48c92.pdf 59ac5e55e476bdee680b9802884b7054 PDF Text Text Vol. 24:3 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Legal Services Corp. Distributes Monies Oregon Law Dean and Panel Discuss Race Discrimination for Political Lobbies All by David Cass quoted information comes from the August 19, 1983 and September 28, 1983 editions of The Wall Street October 12,1983 and Human Resources Committee, is currently conducting its own investigations to ascertain the extent of lobbying abuse. California's Proposition 9 of 1980 was an anathema to the The Legal Services Corp., LSC because it would cut ("LSC"), under the guise of California's state spending by forking over tax money to halving state income tax. Naturally,> the LSC felt that groups providing free legal services to the poor, has used tax their clients might not benefit from such an act and decided money for politicking and lobbying. Federal law says that to distribute money to such this is illegal. Nevertheless, the groups as the Western Center on Law and Poverty and the self-righteous, confrontationalist, idealistic attorneys California Public Interest who make up the LSC have Group, for the sole purpose of decided that since they are defeating Proposition 9. But protectors of the poor, that there was a problem. It seems they had better mobilize their that the U.S. Code specifically interest groups in order to stop states: "[N]either the [Legal Services Corp.] nor any recicorporate and government expient shall contribute or make ploitation. available corporate funds or On September 28, the program personnel for use in Government Accounting OfADVOCATING OR OPPOSING fice, ("GAO"), after being askANY BALLOT MEASURES, INed by Reagan appointee ITIATIVES. OR REFERENDonald P. Bograd, LSC's new DUMS." In order to get around top boss, to scrutinize the this, the Western Center's books of LSC to determine if senior attorney, Alan Rader there had been any wrongdo- reasoned that since legaling, concluded that during the service attorneys can provide Carter years several LSC pro"legal advice" 'to "eligible jects were clear violations of clients" about their "legal federal law. In particular, they rights", "as long as the legal had cited the LSC's lobbying services program is acting on effort against California's Pro- behalf of an eligible client, and position 9. The Senate's Labor continued on page 4 Journal. photo by X O'Hara Mitchell Lecture Panelists from left: Fordham, Freeman. Spiegelman (Willhelm & Bell Air Bags Promote Safety, But Are Not Widely Offered by David H. Ealy Air bags are capable of saving 12,000lives and preventing 100,000 serious injuries each year, and yet they have not been utilized since their inception over ten years ago. Air bags, for all their highly touted effectiveness, are not available on any passenger cars sold in the United States by American Public Interest Attorney Joins Buffalo Law Faculty Martha Beach Rob Steinfeld comes to Buffalo with a Ph.D. in History and an LL.M. from Harvard. His experience teaching and practicing law is no less impressive. This semester he's teaching Public Utilities Rate Regulation, Next semester he plans to teach Corporations and a seminar in Law and Economics. DEGREES Steinfeld got his J.D. from Boston College. Then he got a Ph.D. in History, also from Boston College. Last year he received, an LL.M. from Harvard. In between all of this, Steinfeld has managed to teach History at Boston College for two years, and As intricate as that may sound, Steinfeld insists that having taken a course in economics is Steinfeld has shown an not a prerequisite. He is interest in public interest law. convinced that economics He spend his first two years of need not be inaccessible to practice with Legal Services, those with liberal arts degrees. predominantly representing Many of his students have no welfare benefit aad landlord- background in economics. tenant concerns. From there he Steinfeld's goal is to teach moved to the New England them and at the same time Regional Energy Project. This challenge those students who group intervened in rate cases do have a background in on behalf of low income economic theory. THE ALLURE groups. Finally, Steinfeld As far as what brought him accepted a position with the Public Advocacy Office in to Buffalo, Steinfeld admits it Vermont, again representing was the faculty and not the winters. Referring to the public interests in rate cases. faculty he says that there is a lot of interesting work going on PUBLIC UTILITIES CLASS This class involves practical here. Referring to the winters application of economic he says he's going to have to theory to a regulatory context. wait and see. Freshman Composition at Harvard, also for two years. PRACTICING LAW INSIDE: Bookstore Controversy New Waves ABA News • shown! Auto Issue Robert Steinfeld by not • Page 3 Page 5 Pa 8e 6 .. auto makers. The National Highway Traf- fic Safety Administration (NHTSA) is responsible for pro- mulgating standards for the of purpose deaths and "reduc(ing) injuries to persons resulting from traffic accidents." In 1977 this agency found the air bag to be an effective life saving technology. In September of this year, Mercedes Benz began offering driver side air bags in the U.S. on selected 1984 models. The Ford Motor Co: is now bidding to supply 5,000 to 10,000 similarly equipped 1985 model cars to the government and some state police cars are being fitted with air bags. Clearly there is a demand for these devices. Our government has ostensibly and administratively recognized the utility of the air bag but still does not require the installation of air bags, even as an option, on cars sold to the public. This would lead one to conclude that air bags are not cost effective. This is not so. Air bags can save motorists $660 in insurance premiums over ten years. Full front seat air bag protection would cost $185 including markup when provided at high unbuckled like ordinary seatbelts. They don't depend for their effectiveness on any action taken by the occupant outside of purchasing the car. At the time Standard 208 was proposed, it was labelled a de facto air bag requirement because no other passive technologies were then available. In 1971 a new section was added to the proposed standard dealing expressly with passive belts. Standard 208 was again amended in 1972 to require passive protection for all front seat occupants of vehicles manufactured after August 15, 1975. The effective date was later extended to August 31, 1976. Just two months before this deadline, the DOT Secretary suspended the passive restraint requirement based on the "expectation (of) widespread public resistance to the new systems." A new DOT Secretary in 1977 immediately issued a new mandatory passive restraint regulation which called for either airbags or passive belts in large 1982-model cars. However in 1981 another new Secretary reopened the rulemaking and ultimately rescinded the passive restraint volume. Automobile manufac- requirement. offer this option The air bag has been a because demand would not be political football for more sufficient to cover the than a decade, but only the necessary start-up costs. automakers are aware of it. In As early as 1969, the a very real sense, over 120,000 Department of Transportation lives have been unnecessarily (DOT) formally proposed wasted during this period. The Standard 208, which mandated future has been sacrificed at the installation of passive the expense of present experestraints in all passengers diency. Eyerytime a new Presicars. Passive restraints do not dent is elected and a new DOT continued on page 4 have to be buckled or turers do not �Vol. 24, No. 3 Wednesday October 12,1983 Edftor-hvChief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Photo Editor: Lisa Kandel Kathy O'Hara Business Manager: Bob Cozzie Cohen, Staff: Wendy Anne Jud Weiksnar Contributors: Martha Beach, David Cass, David H. Ealy, Leah Edelstein, Jo Anne Leegant, Steve Meyer, Greg Phillips, Victor Siclari, Rob Turkewitz, Andy Viets © Copyright 1903, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo. NY. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Guard Your Rights: Know Your Government And Help Control It. Time hurries on: midway through the semester, through your law school tenure, through your last year in law school. First year students have shuffled off from Buffalo on a well-deserved break from the anxieties that seating charts and conflicting case opinions produce. Second year students have (hopefully) realized that they will earn that degree and have breathed a sigh of relief. Third year students have definitely learned that the outside world of job strategies and school loan repayments beckons, and May seems too close on the calendar (almost!). Amidst, and in spite of, everyone's intense personal challenges and time commitments and aspirations, however, exists the Law School's political infrastructure, that viable continuum of involved students who insure that all aspects of Law School existence are funded, appointed, or committeed. Four officers and eighteen directors attend weekly SBA meetings where they discuss, propose, and decide major policies which affect each of us. These twenty-two law students devote their valuable time to overseeing the internal affairs of an institution comprised of over seven hundred people. Yet, despite each of our's political stake in the venture, how many of us attend these meetings or even bother to acquaint ourselves with the issues at large? For that matter, how many of us even voted in last month's SBA elections?? Being actively involved in student government is both a right and a responsibility. Each law student is a member of SBA (remember those student fees we pay?), yet most of us ignore our responsibilities to participate in greasing the wheels of the political machinery so that it runs most efficiently and responsively. Our elected representatives wield considerable power to sit on student-faculty boards, appoint their peers to a slew of student-run committees, and control the financial affairs of every SBA-funded organization and club. Yet, how many of us could name or point out our class' directors, or all four of the SBA officers? How many of us would even care?? Without the benefit of constructive criticism from Law School community members, our elected SBA representatives are allowed to exercise their power unchecked. Certainly there are bylaws and procedures which are carefully followed, and certainly SBA makes every effort to be accountable to the student body by posting SBA meeting minutes and publishing news in The Opinion. Nonetheless, the wheels of the SBA machine turn daily and, for the most part, without the benefit of input from the seven hundred or so law students that SBA is there to serve. Without diligent supervision by us, our elected representatives and appointees virtually control our nonacademic existence within the Law School. We, the constituents, owe these governors our opinions about and participation in all aspects of SBA business, so as to insure the development of the best of all possible student governments. And we owe it to ourselves to guard our rights ani] to keep our SBA accountable to us. 2 Opinion October 12, 1983 President's Corner New Ideas, Waivers Discussed channels for students to plan events or activities, or simply other students from difmeet responthe key of One ferent years or class sections. sibilities of the SBA President is to try and insure that the law Why not sign up for the Social student body is aware of and Committee? involved in the many SBA acFee Waivers tivities during the school year. To that end, I hope to devote Information will be the majority of the space in this column to keeping available soon (in the aboveeveryone as up to date as described locations) regarding possible on SBA decisions, applications for waiver of your policies, ideas and plans. As mandatory student activity the year progresses, I hope fee. Each law student funds also to cover more esoteric SBA activities to the tune of subjects, such as the general $19.50 per semester. However, inability of law schools to be procedures exist to apply to serious about teaching ethics, have this fee waived by a subor why the NY. Giants are committee of the SBA Finance always able to snatch defeat Committee. The criteria apfrom the jaws of victory at the plied by this subcommittee is an "undue financial hardship" very last moment. want to at the suffered by the student. The emphasize I outset that the SBA always enstudent demonstrates this courages student input and hardship on forms available participation. We try to from the SBA Treasurer, Rob facilitate active student in- Sant. All information is strictly volvement by publicizing what confidential (it is in fact we do. First, SBA Board destroyed after the final decimeetings are open to the entire sions are made) and appeals to Law School and we welcome higher authority are possible. each of you to come forward However, the subcommittee is with opinions, proposals or serious about rejecting gripes: The weekly meetings undeserving applicants. In are regularly scheduled for fact, this writer was rejected by Greg Phillips 3:30 pm on Thursdays (this semester). If you can't make a par- ticular meeting, please take note that the minutes of each meeting and all major announcements or decisions are regularly posted on the door of the SBA office and on the SBA bulletin board in the mailroom. Additionally, you can always seek out one of your class representatives (Directors) or an SBA officer to find our what's coming down. Finally, you can stop by the SBA office where Directors and officers have regularly scheduled office hours. One excellent way to get in- volved in SBA is to sign up for an SBA committee. These committees have a broad range of duties providing a variety of ments committee with sugges- tions to that age old question: "What kind of professors would the students most like to have?" The town meeting would likely be hosted by yours truly, and provide you all a chance to voice your preferences. Also, it may afford the new members of the Appointment committee some idea of what these preferences are. Or maybe nobody will show up. In any event, the plans are to try to hold the town meeting the week of Oc- tober 17. Thank-Yous Its only fitting, in my opinion, that people who deserve credit for helping should get the recognition and thanks they've earned. By the looks of it so far, there are going to be a lot of thank-you's to hand out. For poll-sitting and ballotcounting during the SBA elec- tion: Liz Garcia, Hollie Levine, Claire Piro, Dan Pease, Manny Sanchez, Mark Katz, and Spencer Clough. For immoral support: Hayes, Gordy, Waddy, Fenwick, Boris, Houus, Warren (again) and Monk. For during his first year, despite being there; Sarah Ayer and car troubles and a $100 a week Sue Kozinn. For being there chicken wing habit, so be again: Jill and Anne and Kathy. Finally, the all-important and forewarned. exhausted SBA Appointment committee: Tracey Kassman, Town Meeting Tom Bantle, Tony Torres, It has been proposed that Jason Reid, Judy Olin, Rob the SBA sponsor a town Sant, and Sarah and Jill. Thanks to everybody else too meeting-type of forum to provide the student members of nuTrferoas'T^to Ttnentron: or the Student-Faculty Appoint- remember. i . That's Entertainment THEATRE: Director Saul Elkin has planned The Caucasian Chalk Circle, the play as both an educational Bertolt Brecht's famous play project and. a touring within a play, continues at 8:00 production. Also, the p.m., Thursday through' production of Chalk Circle is Sunday, now through October being performed in rehearsal 23, with Sunday performances clothes, on a bare stage, with at 3:00 p.m., UB Center Theatre, only those props found in and 681 Main Street, buffalo. around a theater. Tickets at $6, general admission; and $4, students and senior adults, are available at all Ticketron spiritual presence for locations and at the Center university students. While Theatre Box Office one hour most religious activities at before curtain. A.D.S. Newman are geared toward vouchers accepted. Catholic student FILM: the community, the social Days and Nights in the activities and community Forest, 1970 film directed by service projects are available the acclaimed Indian film for all —even law students, director Satyajit Ray, 4:30,7:00 about half a dozen of whom and 9:30 p.m., Thursday, Oct. participate in Newman 13 and Friday, Oct. 14 activities with some regularity. Waldman Theatre, Norton The Newman Center is much Hall, North (Amherst) campus. more than a place to celebrate Admission, first show only, Mass. With the closing of $1.25, students; $2.25, nonSquire Hall, the old student students. Later screenings, union, Newman has tried to $1.75, students; $2.25, nonprovide for the needs of students, i students living near Main LECTURE: Street Campus. One need that Prof. Maurice Friedberg of Newman recognized was for the University of Illinois will an alternative to the speak on "Soviet Culture: The traditional Happy Hour on Limits of Freedom," at 8:00 Friday afternoons. Thus the p.m., Thursday, Oct. 13 Room Alternative Happy Hour was 567, Capen Hall, North born. The Alternative is a low- (Amherst) campus. Friedberg is Solitude on Main St. by Jud Weiksnar Where in the vicinity of Main Street Campus could you find the following events taking place this past year? -beer, ice cream, and pizzatasting contests -lecture/discussion with Judge Curtin on the Morality of Law -midnight bowling tournaments -nuclear freeze meetings -New Wave dance parties -press conference with Salvadoran refugees All those activities and more happened at the Main Street Newman Center, that funnylooking house at Main and Niagara Falls Boulevard, across the street from Hayes Hall. Technically, the Newman Center serves U.B.s Catholic population as one of the campus ministries. The Main key prayer service at 5:00 Street Center (there's one on Friday, followed by a dinner the Amherst campus, too) is that's prepared by student staffed by a priest, a campus volunteers, and a chance to minister, a counselor, a unwind. It lets you start the secretary, and four students, weekend on the right foot, and all under the able direction of talk about something besides Fr. Emil Swiatek. Newman's Palsgraf. It also gives you a basic purpose is to provide a chance to meet people in a an internationally known scholar on Soviet and Jewish cultural affairs, and the author of Russian Classics in Soviet jackets and A Decade of Euphoria: Western Literature in Post-Stalin Russia 1954-64. continued on page 5 �Students Question Follett's Bookstore Policies Follett's Frustrates Law Students, Profs by Victor Siclari was that the informationabout the order was "privileged" and In the September 30, 1983 should not have been disdosissue of The Opinion, an ed by the publisher. The irony editorial bemoaned the pro- of this situation was comblems that the Law School has pounded when the professor faced; more precisely, a loss of was later contacted by the autonomy. Some of the complaints concerned the increased use of classrooms in Lord O'BrianHall for undergraduate courses, uncontrolled use of the carrels in the Law Library by undergraduates, and the prospect of Law School courses having to conform to the 50-minute time slot, which is the norm for Monday, Wednesday and Friday undergraduate courses. Now this is not to be taken attack on undergraduates. After all, we were in their position not too long ago. However, we do pay over two and a half times the tuition, and that should entitle us to at least equal consideration in the administrative decisions of the university; a type of "equal protection of the as an laws." Nevertheless, it seems as if this is "free-for-all" season on the Law School, its faculty and its students. Let me give a few examples. Someone in the bookstore management has taken the initiative to change book orders submitted by law professors. Instead of ordering the specified number of books (which rs their •prime responsibility), the bookstore has brought it upon themselves to decrease the order so it can liquidate its inventory of unused and used books in the same subject. You say that this seems like a good business move on the part of the bookstore. However, their foresight is myopic because they do not realize that the books the professors have ordered are a new edition. Thus, when the books for a course are sold at the beginning of the semester, some students have to settle wrth outdated copies or have to take it upon themselves to order the new edition from the publisher or a local bookstore. The professor who had ordered the books did not find out about this new policy of the bookstore until he called the publisher directly to find out why his order was so short. It was then that he discovered the discrepancy. When the professor confronted the bookstore, the reply received publishing company. It seems that the bookstore demanded that the person in the publishing company who revealed this "privileged" information be fired. At this point, there is great potential for a soap opera series. However, there is more. It is common for Law School professors to copy supplemental materials for their classes in order to provide students with materials that otherwise would not be available to them in a published form. These materials used to be transported from the Law School to the bookstore so they could be sold to the students. Any knowledge of Murphy's Law will tell you that even this seemingly simple arrangement went awry. When there was no problem as to who was to transport the materials (which was not often), some bookstore personnel still managed to cause headaches for students by telling them that there were no supplementary materials, whereas, someone else in the bookstore was able to find the materials sitting in a box in the storeroom. The bookstore has been thoughtful enough not to cause us any more problems with supplementary materials, though. No, they have not augmented their organization and efficiency. Instead, they have washed their hand's completely of the materials. I believe they stated that their reason for relinquishing responsibility for the materials was a fear of being sued for copyright infringement. This is understandable, if true, but considering the surrounding circumstances, this sudden change of policy one month into the semester seems to lack a well-thought plan of policy change that would take effect at the beginning of the semester. All supplementary materials are now sold at the Admissions and Records office only on Wednesday and Thursday from 12 p.m. 3 p.m. and can be purchased only by check. That means if you do not have a checking account or those - time slots free, you better find Library Taps Newhouse Wade J. Newhouse,. an associate dean of the State University at Buffalo Law School, has been named director of the Law Library for the 1983-84 academic year, starting August 1. Newhouse, a UB Law School faculty member since 1958, fills a vacancy created by the departure of Law Librarian Kathleen Carrick, who has accepted a similar post at Case Western at University Reserve Newhouse Cleveland. previously served as acting law librarian for a one-year term in 1977-78. Commentaries his new term as director ofthe Law Library, the 60-year-old Newhouse will conDuring tinue to serve as associate dean and to teach. However, his teaching schedule will be curtailed. He also serves as director of the Edwin F. Jaeckle Center for State and Local Government Law. A 1951 law graduate of the University of Michigan, Newhouse was admitted to law practice in Michigan in 1952 and in New York State in 1971. His primary teaching areas are in constitutional law and in legal problems affecting schools. Bookstore's Policy Overturned in Court by Jo Anne Leegant Editors' Note: The views expressed in these two articles reflect a long-standing controversy. Responses, par- ticularly from the bookstore management, are encouraged and would be ap- preciated. a friend, fast, who does. I am sure that these are not the only problems, but as a first-year student who has been here just under two months, they are enough to make me wonder whether anyone outside of the Law School is really concerned with the raw deals we are getting. The Law School should not'be compelled to establish its own independent bookstore so that they will be assured that the book orders will arrive as specified and on time. That is why there is a campus bookstore. And do not let any one persuade you into believing that the bookstore is doing us a favor. It is not. It is the university that is doing them a favor by giving them permission to operate on cam- pus and get rich off our money which* is gained by hard work or burdensome debts. Let us not forget that the Law School predates the SUNY system. We should not be gobbled up by its administrative bureaucracy. We have every right to equal, if riot better, services. If anyone should be aware of a breach of contract or services, it is us. sold for $27.95) back as a new book, but that they would give The facts and arguments of her half-price. The plaintiff this case are set forth in the then spoke with the manager, interest of keeping all law who reiterated store policy students informed of relevant and who failed to appreciate precedents in the courts where the plaintiff's valiant attempt they may have occasion to to explain to him the principle practice. On April 30, 1983, in of reliance in terms a layman a small claims action before could understand (she had the Honorable Sherwood L. been taught contracts by Bestry in the Amherst Town Professor Schlegel), and who Justice Court, it was held that raised the offer to $13.00. After the plaintiff, then a second politely informing the manager year law student, was entitled that she would pursue the to a judgment from the matter in court, the plaintiff defendant, the campus took the $13.00. bookstore, in the amount of When the matter came to $8.91 plus interest and court court, the defendant, fearful of costs, total award $12.67. setting a precedent, retained Prior to the beginning of the an attorney (as required of spring semester, the plaintiff non-closely-held corporations made a special trip to the pursuant to §1819 of the bookstore. She was registered Uniform Justice Court Act), for Evidence to be taught by electing to fight rather than Professor Birzon. After finding settle the matter out of court. no listing at all for that section He argued that store policy and professor on the shelf prevailed and that the store where it should have been, she was not made aware of the sought assistance at the particular textbook required information counter located in by the particular professor the middle of the store. The until after the plaintiff had clerk on duty took from the purchased the particular book. plaintiff the information as to The plaintiff argued that store section and professor, policy was irrelevant, since the disappeared, and returned principle here was that she had with an Evidence book which relied on the salesperson, thus was purchased by the plaintiff. Uniform Commercial Code The latter, paranoid soul, §2-215, implied warranty of fearful of having her books fitness for a particular stolen, pasted a name and purpose, controlled. As address label in the front of indicated earlier, the court each purchase, including the found in the plaintiff's favor. So, if you go to the evidence booV On the first day of class, she bookstore and can't find what learned that she had been sold you need, and rely on an the wrong book. When she employee to help you, should attempted to return the that employee sell you the aforementioned book, the wrong item, if you take the clerk observed that a "mark" time and trouble to take the appeared on the inside front matter to small claims court if cover where the name tape they refuse to settle, you have had been and announced that a precedent to cite. If you store policy precluded her can't make money, make from taking the book (which trouble. Welcome to Santa Barbara: A Student's Garden of Eden by Andy H. Viets This past spring, a number of my friends went out in search of summer legal employment. actually were Some successful. Of the two people I currently abode with, one got a labor law job in New York City and the other worked for a law firm called Siben and Siben (according to my friend, the biggest and baddest law firm in all of Suffolk county). Did I attempt to find such a legally-related job this past summer? Certainly not. I bought a car and drove out to California. Most people on the east coast seem to have the same general impression of California —a land of moral degeneracy, where few people work, everyone experiences himself, and most of a person's time is spent on the beach or doing drugs. All of this is largely true—and I loved every second of it. First, a few observations about the sunshine state: 1) It might never rain in Californian student has is Southern California (I didn't planning his or her class see a drop the entire ten weeks schedule around prime time I was there), but it sure does get foggy, especially in the morning. It usually burns off by noon, though, so as not to interfere with your tanning time. 2) Not only do real men not eat quiche in California, no one eats the stuff. Just mention the word and people make terrible looking faces and disgusting noises (but then a number of again, Californians spend significant parts of their time doing this). tanning time (11:00 A.M. to 3:00 P.M. May through September, 10:00 A.M. to 2:00 P.M. October through August). My little sister spent a good part of her summer trying to change a class she had been given for the fall semester that was scheduled to meet from 11:30 to 1:00 (at last report she remained unsuccessful in this endeavor.) 6) As much as I loved California there was one thing about the place that I could 3) The oil rigs off the coast just not get used to. The cars have got to be some of the actually stop at intersections ugliest looking things I have ever seen (just a quick editorial comment in case James Watt is reading this). 4) The waves aren't all that big (at least not in Santa Barbara and San Diego). I'd take Jones Beach any day (except from September through May). 5) The most pressing a Southern problem , (even when there isn't a stop sign) and let pedestrians cross the street unscathed. I never lost the feeling that they were setting me up to run me over when I got half way across. After spending two and a half months in paradise, I truly found myself and the corner of the world I want to spend the rest of my life in (after I graduate, that is, or, as some continued on page 4 October 12, 1983 Opinion 3 �Legal Services Monies Go to Political Lobbies continued from page 7 performing functions that attorneys traditionally perform for their clients, the congressional intent (of the lawl is fully met]" What Rader and his forces proceeded to do was to get involved in defeating Proposition 9 under the veneer of helping their clients. Also, through the use of funds distribution, the LSC proceeded to mobilize all legal service groups to thwart the passage of Proposition 9. Mr. Rader's arrogance in this matter was only evident through his stupidity. In a speech in January 1981 about how Proposition 9 was defeated, Mr. Rader said, "[l]egal-services groups throughout the state agreed to pool their available monies to fund a co-ordinated campaign against the ballot initiative" Also, many of these groups took personnel off of their "normal" legal duties to assist in defeating Proposition 9 Administration explained, "We of production seems to be cannot be content with the pollution, when it isn't busy creation of systems rendering free legal service to all people who need but cannot afford a lawyer's advice. Our responsibility is to marshal the forces of law and the strength of lawyers to combat the causes and effects of poverty." To fully understand the problems that LSC has, one must be cognizant of the fact that the LSC's abuse of power is considered by LSC staffers to be acceptable. After all, the acceptance of getting involved in lobbying and elections is, according to Clint Bamberger, essential. In order to facilitate their lobbying whims, the LSC has either published or given money to groups who have published training guides on lobbying. keeping politicians in its pocket and exploiting Third World peoples. The guide is replete with corporate guides, one of which expresses sympathy to the families of the 803 men whose lives were lost during the unsuccessful Marxist takeover of the plant. the guide, According to "There is something about finding out who has their foot on your throat that makes you feel less afraid of them." The next step is, according to the guide, is "muckraking research" to "put pressure" on local, state, or federal governments, landlords, corporations, "or any opposition." The current Senate investigations are showing just how far the term "poor" has stretched. The In 1981, an LSC training been Massachusettes Poverty Law guide for legal-service advocates, published by the Center in 1982 thanked the LSC for providing the funds for a holdovers in the Carter Administration, aims to help book titled "Lobbying on a Besides the GAO pointing "community organization and Shoestring: How to Win in and the accusatory finger at LSC in public interest groups win Massachusettes general, and Mr. Rader in par- power and resources." The Other Places Too." It was inticular, an appointed Senate guide outlines how to gather tended for "individuals and committee is looking into' a and use information to change organizations who want to the "power equation" between remedy an injustice by changmyriad of other abuses "Us" and "Them". It is in- ing the law," including how to use the media in a legislative It is no secret to the teresting to note that the conWashington social circuit that tents of the guide was based campaign. LSC became the personal toy on a previous publication enof the Democratic Party's left titled, "Tactical Investigations The abuses going on within wing during the Carter AdLSC are not secrets anymore. for People's Struggles." ministration. However, in order At the time of this writing the to perceive the thrust of LSC Its caricature of "Them" is Justice Department is starting philosophy, one must go back the "Chemakill Corp.," foundto gather evidence against Mr. to 1968 when Clint Bamberger, ed by "Chester A. Prominent" Rader. The CAO is scouring all first director of the Office of and audited by "Chuck the old records to determine Legal Services in the lohnson Bogus". Chemakill's main line exactly who or what is to POSITION AVAILABLE Feature Editor of The Opinion Election Monday, October 17th at 3:30 p.m. in Room 724 All Law Students Eligible to Run Toxic Chemical Regulation Films The following films are shown in conjunction with Barry Boyer's Toxic Chemical Regulation class All films will be in O'Brian Hall, are FREE, and EVERYONE IS WELCOME! Do I Look Like I Want To Die? (59 mm.) Monday, October 17, 4:00 p.m., Room 106 Tuesday, October 18, 3:30 p.m.. Room 106 This is a documentary on the community of Richland, Washington which is dependent on and supportive of the presence of the Harford Project, a nuclear facility operating there since 1945 Nuclear issues are viewed through the eyes of five people who work in the industry and a public debate is held with major figures from ~" scientific and environmental realms Sentenced To Success (60 mm.) Monday, October 24, 4.00 p.m.. Room 106 Tuesday, October 25, 3:30 p.m.. Room 106 This production by the French Atomic Workers Union is a rare opportunity to look at a nuclear reprocessing plant in La Hague, France, which receives waste from around the world. It vividly depicts the lives of theworkers aswell as theArcane technology of waste reprocessing. 4 Opinion October 12, W63 ... blame for the bastardization of legal services. The LSC's adventures are a case history of how a federal agency, once created, can defy elected political leaders with bureaucratic guerilla tactics. LSC must be brought back to the people who really need its services before there is such a huge anti-LSC movement that it ceases to function as a viable, valuable service to the Americans who can least afford to lose it. California Summer continued from page J people tell me, if I graduate). It is Santa Barbara, California. I did not actually live in Santa Barbara this past summer. I lived in Isla Vista, a small town next to the University of California at Santa Barbara (UCSB), which is about ten miles north of the city. Isla Vista is your basic student ghetto. It is about one mile from Santa Barbara Municipal Airport (which is really in Goleta, a city between Santa Barbara and Isla Vista) where President Reagan's helicopter lands (actually five or six helicopters land, Reagan gets out of one of them and he is whisked away in a limousine to his ranch up in the mountains). Isla Vista's one claim to fame occurred over a decade ago when its residents blew up the local bank. Long-time residents are fairly proud of this. To commemorate the moment, some of the land around the bank was turned into a park, which they called "People's Park." As of late the local drunks have set up residency there and the bank is now a video arcade. I returned to Buffalo from all of this rather reluctantly. I've been to worst places than the Queen City but I've never been anywhere that's as nice as Santa Barbara. The next time you're there be sure to check out the Court House, the Mission, the Wharf, Joe's Cafe and the Elephant Bar (which is really in Goleta). If you enjoy staying out at night until the bars close (2:00 A.M., sometimes earlier on weeknights) the place to go afterwards is J. K. Frimple's. It's the only place in Santa Barbara where you can get any food after 11:00 P.M. Despite having to leave that heavenly land, I remain at peace with myself and with the universe. I experienced a transformation which I hope will forever remain with me. Each of us has to decide where that part of the world is where we can combine our natural tendencies towards peace and power for the benefit of all living things. And remember—not to decide is to decide. May the force be with you. Air Bags Promote Safety continued from page 7 Secretary appointed, the fate of passive restraints changes in response to the varying deference accorded the automobile industry. The Supreme Court has acknowledged the decadelong regulatory war which the automakers have waged against the air bag. The winner of this "war" is not yet apparent. Although air bags are unquestionably effective, the passive restraint standard was rescinded in 1981 by the Reagan Administration because carmakers had decided to install passive belts in 99 percent of their cars. Since these belts could be rendered IPIMiS ****** Faster Does it Better, for Less! Resumes Professionally Typeset a Printed Briefs & Writing Samples Copied ALSO: Posters •• Flyers c Brochures Tickets •• Bus. Cards •• Letterheads Envelopes 1876N.F. Blvd. Amhsrst 834-7046 3171 Main St. Buffalo 8354100 ineffective by car buyers, the agency scrapped the entire tion lies with public opinion. Government can serve in a standard. "Big Brother" capacity or Even though the original adopt a laissez-faire position. passive restraint standard was The former stance compels the a de facto air bag requirement, implementation of a passive the agency failed to consider restraint standard. The latter an "air-bag-only" standard. For stance disdains forcing the this reason, the Supreme Court standard on an unwilling in June of 1983 found NHTSA's public. Public education might decision to be an "arbitrary circumvent this-dilemma, but and capricious" exercise of the public should at least be power. The court specifically afforded the opportunity of condemned the agency's now purchasing the air bag as deference to the auto industry an option. and raised the presumption The role of the corporation that an "all-air-bag" standard is to maximize profits and the would be the logical response role of government should be the faults of detachable seat to internalize the costs of corbelts. porate profit maximization. The Supreme Court decision When enacting the Motor orders the DOT Secretary to Vehicle traffic Safety Act, Conprovide a reasoned analysis gress recognized that outlining why an "all-airbagautomakers are not sufficientstandard" was not conly responsive to safety contemplated, including questions cerns. Despite the high start-up concerning the installation of costs, automakers should proair bags in small cars and the vide air bags at least as an oppossible adverse reverse of the tion. Under a bill recently passpublic. It is not clear whether ed by the Senate Commerce such reasons would be suffi- Committee, air bags would be cient. The four dissenting required as an option on Justices would require merely 1986-model cars. Perhaps with, a "rational explanation." the renewed vigor of the Recent events have been automobile industry behind it conspiring to bring back the air this bill will become law. bag in some capacity, but it is If the public would grasp the possible that the air bag will reality that 12,000 lives could not be required on be saved each year through the automobiles in this decade. use of air bags, they would cerStill, it is difficult to concede tainly demand the installation the total demise of such a life of air bags in such numbers as saving device. The air bag is so to satisfy the automobile ineffective, so easy to use, and dustry's desire for profit. so logically compelling, that it Before this happens, the air has survived many attacks. The bag will be required on all cars ture reason for its ignoble posijust like headlights are. to �New Waves First, the Bad News by Jud Weiksnar and. The Throbs provided a The Buffalo area has seen many disquieting events take place in the past several months: institutions folding or moving to other states; few opportunities for those who work; want to and discouraging forecasts from local authorities who see no end to the deteriorating situation. It's easy to give up hope. By this point, you might be wondering how the local economy got into the New Waves column. Well, even though it may sound like it, I'm not talking about the local economy. What I'm really talking about is the local music scene. While the local colleges and promoters must be commended for bringing in international superstars David Bowie, Adrian Belew, and Talking Heads in the space of a month, not to mention the bands who were at Fallfest, the local music scene is dismal in comparison. First, the bad news: Mark Freeland has left town to work with Our Daughter's Wedding in New York City. New York's gain is surely Buffalo's loss. The departure of Freeland means the disbanding of Electroman, Buffalo's best original band. His departure also casts a shadow over the future of The Ferns, for whom Mark drummed, and the other musical ventures he had his creative little fingers into. This summer also marked the breakup of The Throbs, when they finally seemed to be jelling into one of Buffalo's better bands. (Please disregard last semester's disparaging review of The Throbs. If I've learned one thing, it's that first impressidns can be deceiving, perfect -example. A change of drummers helped a lot, too.) It will be interesting to see what direction lead singer Pauline Digati takes now. Sinatra Test and Famous Blue Raincoat, two of the more critically acclaimed new bands, .are leaving town in search of greener pastures and record contracts. While Buffalo certainly has what it takes to spawn creative new groups, it has difficulty sustaining them. The lack of local clubs willing to book such groups, and the reluctance of radio stations (except WBNY and WUWU) to give them airplay makes it hard for them to attract a large enough following to remain viable. Schuper House and McVans have both bitten the dust in the past year. While other bars such as the Pasttime and the Sudanese Pyramid are trying to pick up the slack, they lack the established clientele that can give a fledgling band an instant audience. Out of all this despair, however, there is hope. By its very nature, the local music scene is always in a state of flux. Several good bands remain —The Elements, The Lumens, 10,000 Maniacs, and Paper Faces to name a few. Oftentimes it is in times of darkness that the seeds are sown for new bands to pop out of nowhere and fill the void. In fact there's probably some unknown band out there now playing in some garage who'll change the face of local music. While we're waiting for that to happen, however, we'll have to take advantage of the national groups coming in and make the most of what we've got here. THE 4T*ttø w w *_£ffu<*e TV*B\ pidut* v \(v 00• yp\fKt-t*& V\ >/ /\7~Y/\ ' Æ-" l/~S& \ r \/ P røfM&T < \c,\j The Newman Center also believes we a have commitment to serve those who need help, whether they be in our backyard or across the globe. You can find volunteers from the Newman Center working in soup you. If you prefer to skip the kitchens in Buffalo, collecting prayer service and just come for Muscular Dystrophy, and for the meal and hospitality, teaching orphans in Mexico. you're perfectly welcome. The Newman Center sponsors You're asked to contribute students wiliing to spend time either a dollar, a salad, or a working on worthy projects of community service at home dessert. continued from page 2 low-decibel atmosphere. If you're one of those who has a hard time striking up an engaging conversation at the bars, the we created Alternative Happy Hour for , -v 4W n^i1 >_$Z > i / v? \ I *f 1^—'fiOJ-i&M I frOTHVj auk y» a 8 coKit+t HV. Entertainment in Buffalo campus, and at all Ticketron outlets. Through October 16, The Buffalo Regional Ballet Sunday performance at 2:30 Company opens its season with p.m.; different programs each performances of works night. choreographed by Keith MUSIC: The Sequoia String Quartet, Carcich and Gary Marino. Well-known Buffalo pianist resident string quartet at the and UB alumna Claudia Hoca California Institute for Arts, will perform in three of these continues the Slee Beethoven works, 8:00 p.m., Thursday String Quartet Cycle at 8:00 through Saturday, Oct. 13-15, p.m., Friday, October 14, Slee Katharine Cornell Theatre, Concert Hall, North (Amherst) Ellicott Complex, North campus. The Sequoia will (Amherst) campus. Tickets at perform this year at the $5, general admission, $4, UB Metropolitan Museum of Art faculty and staff and senior in New York and at the Berlin Festival and will tour Australia. adults, and $2, students, Piano Student Recital, 1:00 available at the Harriman Hall Ticket Office, South (Main p.m., Friday, October 14, Baird Street) campus. Black Recital Hall, North (Amherst) Mountain College II offices at campus. 451 Porter Quadrangle, Ellicott ART SHOW OPENING: Complex, North (Amherst) A show of drawings, paintings, prints, photography and sculpture by MFA and MA in Humanities candidates will open with a reception at 7:00 p.m., on Friday, October 14, and abroad. As for the pizza tasting, and run through November 4, lectures, bowling, and New Bethune Gallery, second floor, Wave parties, those activities Bethune Hall, 2917 Main Street are all at Newman too. To find near Hertel. out more, leave a note in my FILM: Outtakes, Hollywood mailbox, number 277, or call the Newman Center at Midnight, Friday, October 14, 834-2297. Newman provides an and Saturday Octover 15, atomosphere and activities Woldman Theatre, Norton that you can't find on Hall, North (Amherst) campus. campus —a haven from the Admission, $1.75, students; classes, the" parking, and the $2.25, non-students. King of Comedy (Scorcese, construction. Lots of you live 1982), 4:00, 6.00, 8:00 and 10:00 near the Center. Stop in. continued from page 2 DANCE: . Newman Center Activities ••• T-t- r r A_A / \ p.m., Friday, October 14, .Woldman Theatre, Norton Hall, North (Amherst) campus. Admission, first $1.25, students; students. Later $1.75, students; students. show only, $2.25, nonscreenings, $2.25, non- EXHIBITS: Photographic Portraits of Artists, 9:00 a.m. to 5:00 p.m., Monday through Friday, Capen Gallery, fifth floor, Capen Hall, North (Amherst) campus. Through November 10. Photographs by Dan Graham, through November 7, Black Mountain College II Gallery, 451 Porter Quadrangle, Ellicott Complex, North (Amherst) campus. Hours: 10:00 a.m. to 4:00 p.m., Monday through Friday. Photographs by Charles Steckler, associate professor of the arts at Union College, through November 4, Center for Tomorrow, North (Amherst) campus. Photos by the late H. Phelps Clawson, through December 4, lobby, UB Center Theatre, 681 Main Street. Clawson was a prominent Buffalonian and was former curator of anthropology at the Buffalo Museum of Science. The images in this exhibit were made from 1927 through 1931 when Clawson accompanied the Harvard University/Boston Museum of Fine Arts Expedition to Egypt and the Sudan. BE A PART OF YOUR NEWSPAPER! Volume 24, No. 4 Copy Deadline: Tuesday 10/18 Issue Date: October 26th [^mimFw Volume 24, No. 5 C° PY Deadline: Tuesda V 11/1 Issue Date: November 9th Submit Articles, Commentaries 7and Letters To The Opinion in Room 724 Or To Mailbox 19, 184, 253 or 409. October 12,1WJ; Ogfc *fm 5 �Report from the ABA National Convention By Rob Turkewitz Welcome back to school, and congratulations to those first year students and transfer students who chose to join us at this prestigious instiution of law. Also, congratulations to those who have successfully completed the first year. Finally, congratulations are a Iso in order to those of us who have made it to our final year. Hope you all had a long, memorable, and productive summer. I was really getting sick of standing in those hot, crowded NYC subways, and being subjected to that ad where you learn that it's 98 degrees in the subway, but 42 degrees in a nice cold Miller beer. Over the summer the ABA had its annual meeting in Atlanta. I had the opportunity to attend courtesy of Buffalo Law School. Having never been to Atlanta, I did some non-legal research and learned that in 1865, during the Civil War, a Union General by the name of Sherman burned the city of Atlanta to the ground.(l'm sure others like myself were asleep by the time Atlanta was burning in "Gone With The Wind". My first question was whether they built up the city again. Knowing that the reasonable person doesn't like their city being destroyed, my second question was whether it was safe for northerners to walk the streets. In case you're interested, they're still buillding up Atlanta. Atlanta is a beautiful, Jh l J *j modern, clean, and well planned city. Remind you of Buffalo? People in Atlanta generally, hold no grudge against us Yankees. However, there are areas where it isn't even safe for an Atlanta Brave walk the streets. Attorneys that I spoke with felt that to Atlanta was a great city in which to practice law, and that the opportunitiesfor jobs were good. This is encouraging to those of you who are seeking to practice in warmer climates. I did a little legal research and found out that Atlanta is also noted for being the home of Coca-Cola. In the famous Coca-Cola trademark case, Coca-Cola Company vs. Koke Company, 254 U.S. 143 (1920), Justice Holmes declared that Coca-Cola "means a single thing coming from a single source and well known to the community." Justice Holmes was the first to declare that Coke is "the real thing." In Atlanta the "Pepsi Challenge" is thought to be a communist plot. I guess it would be like having a large campaign to buy Japanese steel in Buffalo. The ABA convention headquarters was at the Hilton Hotel a marvel of architectural awesometicity! At the Hilton there were hundreds of commercial booths with products ranging from course review video-tapes for the law student to computers for your law firm. While the ABA seminars and meetings were held at almost every hotel in Atlanta, the Law Student Divi- - sion met mainly at the Ladha Hotel. Among all the workshops, speeches, assemblies and elections, I believe we managed to accomplish a great deal within a short period of time. I was indeed impressed by the degree of integrity, concern, and dedication expressed by the student representatives and participants from law schools all across the nation. attended several I workshops and seminars as well as the assemblies. The Law Student Division Workshops mainly covered recruitment and informed us about the programs the ABA has to offer. I attended a job hunting seminar and a seminar on alternative legal careers. I wish to reserve this information for my next ABA-LSD Report, so keep your eyes open for the next The Opinion. The assembly meetings were held in a large ballroom at the Sheraton Hotel and we were seated with the other representatives in our circuit. (We are in the 2nd Circuit). We used parliamentary procedure and had at hand a paid parliamentarian to assure that we followed the proper procedures. We passed many resolutions and proposals. To name a few, we proposed that the ABA establish a Special Committee on Minorities in the Legal Profession; we recommended that the Bar encourage all ABAapproved law schools to ban all on-campus recruiters who discriminate in job interviews Hayride & Party —at the "Lance & Shield" oumd, n.y.) Sponsored by the Commencement — Committee r ($7.50/person includes: C M — Horse Drawn Hayride J m*, limn* to co people $5.50 w/o ride) — Hot Dogs, Burgers & Salads U — Bonfire & Tavern Q7 , M j *j ( Ticket & info available in front of Library ji |a J F■ V B CONTACTING THE TOP LAW FIRMS IN NEW YORK CITY IS AS EASY AS SIGNING YOUR NAME AND LICKING A STAMP. With the University Press cover letter service, that is. Provide us with a personal cover letter and let our word processor do the rest. Our computer lists include firms in Boston, Washington, Buffalo, Philadelphia and New York City. We even address the envelopes. We take the work out of job-hunting. \| * UniveraJty Pros Ms Harrinun Übraiy Main Slrect Campus 131-25M IT'S HERE!!! The All New Buffalo Law School Entertainment Card h In The Country on the basis of sexual U.S.. military personnel to El preference, and we proposed Salvador. that the ABA require all ABAI had the opportunity to approved law.schools to offer hear former Secretary of State trial practice skills and alter- Dean Rusk speak at an LSD native dispute resolution train- complimentary luncheon. He ing. spoke on international law and Many resolutions were foreign policy. I also heard disapproved. For example, the President Reagan give the LSD rejected a proposal urging opening address to the ABA. I the ABA to rconsider its rejec- brought my camera along to tion of the Model Rules of Proget a few good pictures. In fessional Conduct section order to get past security I had allowing lawyers to warn vic- to snap a picture (to test if it tims of a client's fraudulent or was a bomb). Well, an old criminal scheme only in the judge from Virginia was stancase of physical danger. Also ding beside me and covered rejected was a proposal to his ears as I snapped the picurge the ABA to support apture. As we filed into the proval of the N.Y.S. House of auditorium I asked his Honor Representatives Resolution 87, why he covered his ears and he requiring President Reagan to responded, "You never know; comply with the War Powers young lawyers always seem to Act with respect to his make a lot of unnecessary unilateral decision to commit noise!" Q: What's an Entertainment Card? A: An Entertainment Card is a card which entitles the holder to obtain discounts at local bars, restaurants, and movie theaters. It is sold for $10.00 by the Commencement Committee. Where can I use my Entertainment Card? A: The Entertainment Card may be used at any of the following Q: bars and restaurants: Rooties, Grandma Lee's, Pizza Plant, Golden Palace, Library, The Steer, Boardwalk Cafe, Bullfeathers, Mindy's, The Run-Around, Checkers, Cheers, AND MANY MORE The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters, including the University, Boulevard, Eastern Hills, and Thruway Mall Cinemas. The movie tickets will be available for $2.50, a savings of $1.50 off the regular ticket price. In addition, the purchaser of an Entertainment Card will also receive a discount on upcoming Commencement Committee -sponsored activities. Q: Why does the Commencement Committee sell Entertainment Cards? A: The Committee sells the cards to pay for parties throughout the year, and to raise money for graduation week activities. Q: Where can /purchase an Entertainment Card? A: They are on sale NOW in front of the library. 6 October 12,1983 �IT'S NOT TOO LATE Any Buffalo student who registers for the BAR/BRI New York course by THURSDAY, Oct. 13, will receive a DISCOUNT of $100 off the $750 course price. Moreover, for those of you who have not yet taken the MPRE, BAR/BRl's course in preparation for the Nov. 18 examination is FREE with an additional deposit of $75, fully credited towards your New York bar review tuition. To register for course and books, complete a green enrollment application and include your deposit of $150. If you choose not to receive the books now, but would like to secure this discount price, a $50 deposit is all you need to enroll in the bar review ----•-■•■-■- course that more people took last summer than all other bar review courses combined. ' 9-10 If you have any questions, stop by for COFFEE and DOUGHNUTS outside room 106 on October 13th, or speak to one of our reps at our display table: MON TUES WED JillKawa Dan Elias Mary Pat Enright Irene Hirata Vie VAngela Susan Gray 10-11 Tracy Kassman jj j2 19 1 \~ 1-2 o o 2-3 o A 3-4 Ed Murphy Ron Osaon Jill Paperno _o •„�«,. to (winter lorn rZ vlrZ^r, FRI THURS Chris Renfroe Neil Dickson Jan Davidoff Scott Stechman Michael Colon . Laurie Frank Lorri Kolbert „ _^ Kirn Cntes _, John Curran Kita riubbard Manny Sanchez Sherri Samilow Turner, Kurt Amend, or Anne Carberry ALSO SEE: Peter Hogan, Steve Wickmark, Pat \Qj/\JJUREVIEW BAR m 401 Seventh Avenue. Suite 62 • New York. New York 10001 v • (212) 594-3696 oilobei' itf; 'i*i«3 Opinion 7 �Wrestling Conditions Both Athletes and Fans by Pudge Meyer Foreman was boxing's champ, he was asked if he would fight Bruno Sammartino. He smartly replied, "Aint no way I'd do It's no small wonder that Professional wrestling attracts some of the finest athletes in that." the world. Most of the better (Contrary to popular belief, wrestlers have in fact come wrestling does have rules. In from other sports that just the late 70's, when Ken Patera weren't demanding enough. defensive end Ernie Ladd; weightlifting champ Ken Patera.) Almost all wrestlers (Former have had illustrious amateur wrestling careers— Bob Backlund, the current World Wide Wrestling Federation champion, was.NCAA champ when he attended the University of Minnesota. At 62" and 245 lbs., he can bench press 550 lbs. His at-rest pulse is 45 beats per minute. During a live interview, he once caught two flies in mid-air. Size. Strength. Stamina. Quickness. That's what it takes to make a champion. (Chriss Taylor, 400 Ib. medalist at the '72 Olympics, couldn't cut it as ) a pro Why do wrestlers do it? Wrestling is a sport and an art. Wrestlers are constantly coming up with new holds such as the camel clutch, abdominal stretch, boston crab—Backlund even has one called the chicken wing. Unlike boxing, which has so many rules (most people know that fights promoted by Don King are fixed anyway), the affords wrestling combatants a great deal of freedom. Wrestling is the ultimate tough-guy sport. Many of today's boxers and rugby players started as wrestlers and couldn't take the punishment. When George ... put opponent after opponent in the patented hospital with his neck- "swinging breaker", he was eventually banned from the Federation.) Despite all the battering, most wrestlers have no desire to retire early. Many continue until the age of fifty. This fact alone demonstrates their incredible conditioning and overall athletic ability. And on Sept. 27, over ten thousand fans packed the Buffalo Aud. to see some of the best wrestling action you can find anywhere. In the opening bout, big Swede Hansen was up against the Masked Executioner. My money was on Ex, but Swede ended it after eight minutes with a beautiful sunset flip. Next up was Bradley and Tiger Chung Li, a martial arts expert. The chops and kicks could be heard throughout the arena as Bradley absorbed tremendous punishment; but he seemed to gain strength as the crowd cheered him on. It was a good match—fundamental skills v. martial arts —with Li coming out on top. Third match was a female tagteam. It was complete with body slams, drop kicks, double splits (known as "rowing the boat"), and hair pulls. It was an extremely violent mateh—at one point the Fabulous Moolah stomped four times in a row on a spot that would make the average nonwrestling fan shudder. The referee had a hard time keeping order, and he sometimes ended up on the bottom of the pile. At the risk of sounding chauvinistic, I don't feel that women should be allowed to wrestle—it is just too violent. I'll provide stamps and envelopes if you'll write your Congressman. The fourth match —Everyone knew it would a war. There would be nothing pretty about it. After meeting twice before, Superfly Snuka and the magnificent Murraco had signed for a steel cage match right here in Buffalo. This time there could be no interference, no disqualifications. Just two men in a topless metal cage. No referee. No time limit. Anything goes. The winner is the one who gets out through the gate or over the top. the Murraco, Intercontinental Champ, appeared first. When Superfly came out, the crowd went wild. His extraordinary physique and native instincts (he's from the Fiji Islands) make him a natural. But could he defeat Murraco? The Magnificent One went right after Snuka, who countered with two right hands to the head. He then sent Murraco head-first into the cage, opening up a big gash on his forehead. Blood was flowing freely as Superfly pounded away. After taking a vicious beating, Murraco pulled a neat reversal and sent Snuka into the cage. He too 76" and 445 lbs., he is the most was now bleeding. Murraco popular wrestler in the world decided to break for the today. He teamed up with victory gate, but Snuka caught Rocky Johnson (21" arms and him from behind just in time. 55" chest) and the versatile Fromthen on it was all Snuka. Tito Santana against the Kicks, chops, heavy forearm threesome of Big John Studd, smashes and crashes into the ex-marine Sargeant Slaughter cage had Murraco almost out and Iron Mike Sharpe. Studd on his feet. Snuka drove him to refused to go against Andre, so the canvas with a hard elbow Johnson and Sharpe started smash; and then from the top things off. Johnson had the rope, leapt at least ten feet in upper hand. Sharpe went to tag the air landing hard on the Studd, but he turned away. helpless Murraco. Snuka Andre knocked around Sharpe finally started to climb over like a rag doll, but somehow he the cage, but somehow let himself get triple-teamed Murraco was able to get up inthe wrong corner. He slipped and grab at him. What superb to the ground as all three pounded away. Finally conditioning and desire! Now both men were atop Santana jumped in to save the cage, battling ten feet off him. Andre got to his feet, and the ground. Snuka got the boy was he mad. He personally better of the exchange. went after all three of them. Murraco fell, but Snuka He caught Studd with a series slipped, and he too ended up of head butts. The Sargeant on the ground. The crowd was was the victim of a size twenty really behind Snuka as he shoe to the head. Santana was continued to pound away at working over Sharpe in the Murraco, whose face was corner, until Andre just sat on covered with blood so as to him. All six wrestlers were in make him almost the ring, and the referee finally unrecognizable. Snuka sent disqualified Studd's team. It him in to each wall of the cage. was two-out-of-three, and But by mistake he threw him Andre's team easily won the towards the gate, and Murraco second fall as well. fell out of the ring —making The crowd won also. All six him the winner! Snuka and the matches were full of action crowd couldn't believe it. He and violence, a thrill a minute. went after Murraco on the So forget football and hockey outside, crashing his head hard and everything else. Wrestling into the metal ring posts. is the only sport that matters; it Murraco, a semi-conscious separates the men from the mess, had retained his title. boys. The men return to the Superfly's consolation was the Aud Nov. 1, with Murraco crowd's recognition of him as taking on Backlund and a six the true victor. man tagteam featuring all The next big match featured three of the Wild Samoans. See the Eighth Wonder of the you at ring side. World —Andre, .the . Giant,. ,At. ANNOUNCEMENT RES IPSA LOQUITUR » The newly formed Parent Law Student Association has opened its doors at Room 604 O'Brian. Though we are still in the process of accepting donations of furniture and toys, we are beginnning to operate as a semi-private room where parents may take their kids between classes or arrange to have a babysitter take care of them during class. All especially parents interested persons are urged to join. Come to the office or leave a message in Mailbox #207 or 219k — The Pieper J^ew York State - Multistate Bar Review offers an integrated approach to the J^cw York Bar Exam. We emphasize sophisticated memory techniques, essay uniting skills and a concise, organized presentation of the law. You will be prepared and confident. PIEPER NEW YORK-MUOTSTATE BAR REVIEW It Speaks For Itself. ry — word PPOTO PROCESSING -lype - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts Buffalo Reps; Janet Maclin James Walker 1517 Franklin Avenue Mineola, New York, 11501 ( 516 ) 747-43H Limited Enrollment. Early Registration Discount to Nov. 30, 1983 16 Typestyles & Symbols to Choose From Repetitive Work at Reduced Price* Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten Pick-Up & Delivery Available All Work Guaranteed — Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ca3e86ecb9750faa93ae636145b64c41.pdf cf755cb81eb6a9d3e7543728f6f7a6dd PDF Text Text Vol. 24:4 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 26,1983 Loans Update UB Mooters New York Steps Up To Compete At Nationals Default Collections New York State Higher Education Services Corporation (HESC) places a high priority on preventing student loan Third-year students Dan Pease (left) and Bill Hochul will represent l J/M Law School at the National Moot Court Competition regionals on Nov 17-19 in Syracuse. More than IbO schools nationwide are sending Meams to this competition; Hochuland Pease will compete in the regionals against teams from schools in Maine, New Hampshire, Vermont, Connecticut and upstate New York One or two teams trom each region will ad vance to the tinals in New York City in defaults as well as collecting on defaulted loans. Several surveys, conducted.both by the Corporation and independent agencies, indicate that first time borrowers appear to be the most likely candidates for default A major contributing factor to defaults is a lack of understanding by the student of available alternatives. HESC has repeatedly intensified efforts to provide students with such information A statement is provided students at the time they receive their first loan clearly listing their rights under the GuaranteedStudent Loan program as well as their responsibility to repay the loan. It is also mandatory that schools conduct an exit interview with each student who The Baldy Center also spon- has a guaranteed student loan sors brown bag lunches which prior to leaving school. The all are encouraged to attend, Corporation periodically corspeaker series, and workshops responds with students reminon topics such as toxic waste, ding them of their responsibililaw and deviance, and law and ty to contact their lenders, economics. Announcements especially if they are experienfor those events are posted cing financial difficulty affecregularly around the law ting their ability to meet their school. loan repayment schedule. A Just because you tossed well-informed student is the aside that joint-degree flyer least likely student to default. that came with your. law HESC also stresses stringent school application materials due diligence requirements doesn't mean it's too late to with lenders requiring an intenapply to the program. Stop in sive lender effort to help the to room 511 and tell Anne, one student avoid a default claim. of the law school's truly If such efforts fail, the Coroutstanding secretaries, that poration also tries to help the you'd like to see Wendy, and borrower prior to defaulting she'll be glad to give you the loan. A well-trained staff of whatever information you corporate employees serve as January Baldy: Center of Attention for Policy by Jud Weiksnar Every year there are a few more of them—those law students who aren't satisfied with a B.A. and a J.D., who won't be satisfied until there are at least three more letters after their name: P-h-D. There are about 20 students getting j.D.'s and Ph.D.'s in these fields: Political Science, Philosophy, History, Economics and American Studies. Many others, however, seek that third degree in a nebulous discipline known as Policy Studies. Those are the people you'll find at The Baldy Center. The Baldy Center, located at 511 O'Brian, is SUNY-Buffalo's Center for Law and Social Policy. It was established in 1977 and is supported by a bequest from Christopher Baldy for the purpose of facilitating interdisciplinary work in law and related social science disciplines. Barry Boyer and Wendy Katkin are director and assistant director, respectively, of the Baldy Center. John Thomas, head of the Policy Studies department, has also played a key role in the development of the jointdegree program. These three are assisted in their work by ... the Baldy Advisory Committee, which includes some One place you probably won't find a joint-degree student is in names you might recognize: a standard law firm. If that's Jim Atleson, Virginia Leary, what they wanted, they proMarcus, Isabel Errol bably would have realized it Meidinger, David Engel, before they got to the dissertaRichard Tobin, and Murray tion stage. Levine. Public Law students have There are presently 20 done a variety of projects in students enrolled in the 5-year conjunction with the Baldy Law and Policy Studies Joint- Center, ranging from clams to Degree program, also known housing inspection to geronas the Public Law program. tology. (Guess how most Five are in their first yearof the students find a dissertation program, five in the second, topic—by working on a project four in the third, arid six in the in that area for the Baldy fourth. Although nobody has Center.) Each year one, two, or actually done it yet, the idea is three Public Law students also to take Law and Policy Studies assist in the publication of the curricula concurrently, taking Law and Policy Quarterly as the bar exam after either the student editors. The L & P Q is third or fourth year, and qualian interdisciplinary journal, fying exams in Policy Studies devoted to the critical analysis need. shortly before or after the bar. of law in the policy process. The fifth year is spent writing and defending a dissertation, which, for those of you unfamiliar with the task, is like a term paper to the 99th power. Public Law students actually begin working on their dissertations well before their fifth year. What does one do with a J.D./Ph.D? Theoretically it prepares you for a job in government, academia, or administration, but the possibilities are really endless. Students Run Skylon Marathon EDITOR'S NOTE: The author ran in this year's Skylon; his time has been classified by the Canadian government. by Kurt Amend The tenth running of the Skylon International Marathon began sharply at 10:00 a.m., October 15, 1983, on a crisp, fall Saturday morning. Approximately 1,544 competitors entered the grueling 26 mile, 385 yard race, with 1,193 finishing the full distance. It was a race spared the shifting, harsh winds and icy rain of last year's event. Sunny skies, gentle breezes, and 50-60° temperatures prevailed throughout most of the day. Still, a marathon is a test of endurance, and this year's Skylon was no exception. First, several words about preparation for the race (my first marathon). The half-baked idea to submit oneself to the rigors of training for, and then running, the 26.2 mile event Students relax to music after last Friday's hayride. More Photos on page 9 What's Inside: Legal Services Debate Continues . . . Page 2 continued on page i took hold over the course of several beer-soaked conversations late last winter. The training program selected can be found in the February, 1981 edition of Runner's World, one of many first-time marathon training programs available. The regime involves twelve weeks of steady running, culminating in two 60 mile weeks which include several runs of 18 miles apiece. The final week or so preceeding the marathon was a nightmare, plagued by lack of sleep, countless blisters, handfuls of Ben-Gay, undue neuroses, the agony of imagined defeat, and unabashed apathy toward (yes, it happens) law school. Although running the race was no joy ride, making it to the day of the marathon in one piece comprised much of the battle. The Skylon began at the base of a slight hill behind the Albright-Knox Art Gallery in Buffalo Nervous chatter and cheers from the crowd characterized the first mile, a distance in which it is critical to start slowly. The course proceeded through west Buffalo, with supportive relatives, friends, and other spectators lining the streets. At mile four, warmed up and finally finding their strides, runners met the lone hill of any consequence at the Peace Bridge between Canada and the United States. In its infancy, the race was still no more than an enjoyable Saturday morning run. Miles four through eight turned south past old Fort Erie and then north again along the shores of Lake Erie, providing several panoramic views of the Buffalo skyline Water. ERG, and oranges —to offset the potentially crippling effects of dehydration in the latter miles—were available by mile five, and every three miles Curious thereafter. shopkeepers and sleepy residents of Fort Erie cheered as the race eased into its middle distances. And then suddenly, almost without warning, a quiet descended onto the runners. In my still-young, amateurish venture into the world of longdistance running, this stillness has been a constant, though hardly reassuring, feature of every race. Family and friends are miles away. Water stops afford temporary solace. Yet it is time to bear down; to ignore the low rumbling of complaint in the joints, muscles, tendons, and lungs; to retain the pace which has begun to take its toll on the body. In this middle stage, approximately miles ten to eighteen, pacing oneself with others can be crucial as a means of fending off the rising fatigue. The brother of a friend once said that the marathon really doesn't begin until mile twenty. Perhaps an overstatement, but the gist is accurate. Miles eighteen to twenty-five are the continued-on page 12 �Commentary Vol. 24, No. 4 Wednesday October 26,1983 y Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Lisa Kandel Wendy Cohen, Andy H. Viets Business Manager: Bob Cozzie Staff: Leah Edelstein, Kathy O'Hara, Jud Weiksnar Contributors: Kurt Amend, Cliff Falk, Jeff Johnson, Hollie Levine, Clare Piro, Eric Turkewitz © Copyright 1983, Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Eees Composition & Design: University' Press at Buffalo Editorial "Us" and"Them" The University at Buffalo Law School brings together more than a thousand students, faculty and staff members for a common purpose. The size of our community is, at once, a blessing and a curse. We are blessed with the range of backgrounds, outlooks and areas of expertise that such a body brings together; yet at the same time we suffer impersonality and lack of a well-defined common purpose. In recent weeks, the burdens of disparity among us have loomed larger than the benefits of diversity. This law school seems less and less a community of legal scholars, and more and more an amalgamation of over-zealous legal advocates. Has any individual in O'Brian Hall escaped this trend? The rumor mill is abuzz with tales of fighting among some student organizations and of factions within others. These students are simply following what they have been taught: choose a side and then defend it. Unfortunately, our adversary-system training has not addressed the question of when to stop defending our respective sides. In our academic lives, of course, the answer is self-evident: the advocacy ends when the exam is over. In real life, on theother hand, there is rarely as arbitrary a cut-off point as a time limit or the end of a bluebook. As a result, some of these squabbles among students have reached a point where resolving them becomes difficult if not impossible. This advocacy of advocacy is not surprising considering the philosophy of legal education under which it arose. It is a credit to the "Buffalo Model" that we are told when a legal question has no real answer. At the same time, it is unfortunate that many students have concluded from this uncertainty that zealous advocacy is a substitute method of obtaining the truth. What has resulted is almost reminiscent of ancient English methods of determining truth —an intellectual "trial by battle." Our legal ancestors abandoned such practices, not because they never worked, butbecause they often worked at too high a human price. We condone, even encourage, use of the adversary system in our careers, but by honing our advocacy skill on each other in extra-legal and quasi-legal contexts, we must sacrifice some of our compassion and ignore our otherwise natural inclinations to see the compromise and common-sense solutions to the differences that arise among us. We suspect that overzealous advocacy would be less of a problem at U/B Law School if all of us were more acquainted with one another from non-adversary contexts. It is unfortunate, however, that these opportunities are few and far between. Try to remember the last time that all (or even most) of the voices in this school sounded in unison. Those who do actively encourage activism on the part of the entire community are often dismissed as "campus radicals" before their critics even listen to what they have to say. This indifference to potential unifying causes may be a consequence of the way most of O'Brian's denizens see themselves. All too many members of the faculty, staff and student body see themselves as an individual first, and perhaps as a member of a subgroup withing the community second, and only then (if then) as a contributor to the law school community as a whole. While there is nothing wrong with asserting an identity within a smaller group (as "we" at The Opinion often do in this column), the assertion of that identity should not come at the expense of the whole. "We" —all of us within the U/B Law community —should be actively discussing our common purpose within O'Brian Hall, or else inquiring into issues outside these walls, in search of causes in which we can unite with each other rather than argue'with one another. It is possible that the recent divisiveness of which we complain is merely a passing sign of the season Many of us have become preoccupied, even obsessed, with Robert Remedial, Moot Court or Career Development (circle one or more), and these concerns, rather than our adversarial inclinations, may be the cause for the recent shortening of tempers. If not, however, a long and uncomfortable winter could lie ahead. Now is the time to re< onsider our stances, before the heat of our previous finals cause us to be ever more arguments arid Jhe.pressures of we'already are.' ip our positions r.h'an hardener/ ,^i«nipn... Qfitib^r i*, iw* 2 Legal Services Politics, Policies Protect the Poor ; by Clare Piro ••■: >m lot riguoi Myfirst response to the article on Legal Services lobbying efforts in the October 12, 1983 edition of The Opinion was extreme rage. Two hours later, when I had calmed down sufficiently enough to actually finish r-eading the article, I was still angry but also confused over what exactly the staff attorneys of the Legal Services Corporation (LSC) did that was so "bad." Mr. Cass implies that Alan Radar's explanation of why he distributed his legal services office's funds to lobby to defeat California's Proposition 9 was a sort of backhand attempt to "get around" the U.S. Code's prohibition of contributing LSC funds to oppose such a referendum. That implication is wholly unwarranted. A lawyer has a responsibility to advocate her client's interests, and those interests for a legal services lawyer primarily are receiving public benefits at a level which meets the basic necessities of life. Letter NLG Seeks State Prison Reformation To the Editor: Those of us working with the National Lawyers Guild, Buffalo Chapter are not surprised at the recent events at Attica. Since the rebellion of 1971, conditions at Attica as well as at other New York State prisons have not changed much. Cuard brutality, poor medical care and poor quality food still plague the lives of inmates. Though the 1971 Attica rebellion and subsequent prison uprisings such as the recent Ossining situation have directed public attention to considered within a lawyer's adscope of the vocating, and large corporations routinely hire attorneys to lobby on legislation that will affect their interests. So what is wrong with legal services attorneys properly advocating their clients' interests to ensure Lobbying is their clients' continued receipt of public benefits? I similarly fail to understand what would be the terrible consequences if legal services offices were allowed to follow the philosophy of "marshalling the forces of law ... to combat the causes and effects of poverty," to issue training guides which aid community organizations and public interest groups, to ■.remedy and to attempt injustices by changing the law." Perhaps this sounds naive, but I always thought lawyers were supposed to do good things like fight injustices and ensure that the poor receive their legal rights. I see nothing wrong with attorneys helping community groups become aware of their rights and teaching how to protect them, especially in light of the fact that everyone concedes it is impossible for legal services offices to help every person who needs their assistance. If LSC was designed to render free legal services to those who need but cannot afford such services, there is no better way to reach the greatest number of people than by educating the lowincome community so they can help themselves with the relatively minor problems, and thus saving the limited we need is a comprehensive channel resources into job creation rather than our own annihilation, as a more reasonable and inclusive response to crime. Otherwise, prison uprisings will continue with increasingly fatal results. Sincerely, Hollie Levine for the Buffalo ffiapter of the Na-. tional Lawyers Guild The Reagan administration has systematically tried to disband the LSC by such actions as drastically cutting LSC budgets, recommending not to extend the LSC when its statutory authority ran out, severely limiting the types of cases the attorneys may handle, and naming highly controversial board members, incontinued on page 4 nounced). I expect we'll hear those immortal classics, "You' ye Cot a Nice Foot Cordon Lightfoot" and "He's Such a studies of prison conditions—we know how inhumane our prisons are. What priorities to "huge anti-LSC movement," Mr. Cass fails to recognize that there is an enormous distinction between the LSC administrators and the local legal services staff attorneys and directors, and that a huge antiLSC movement has been in effect since Reagan took office. Boris' Buffalo Law & Blizzard Blues situation. We don't need any more tive grievance procedures to deal with instances Of guard brutality, better training for guards, higher quality medical staff and facilities and a more effective job training program for inmates. And we need constant and honest media coverage of all state prisons. It is too easy to shove people behind bars and call that a solution to crime. By maintaining inhumane prisons, we just aggravate an already alarming problem. .Wej look to repur economic and physically handicapped. I agree that there is a serious problem when it is necessary for legal services attorneys and law clerks to hold weekly lectures and classes to explain what benefits the poor are entitled to since the Department of Social Services often fails to correctly perform that function. But that problem is obviously not caused by the attorneys and students who volunteer their time to community organizations in addition to performing their daily responsibilities. In warning-us how the LSC is defying elected political leaders "with bureaucratic guerilla tactics" that should be checked before there is a Commentary these problems, not much has been done to ameliorate the and practical program of improvements to be implemented immediately. Such a program could include effec- resources of legal services offices for the more serious cases. Examples include groups advocating the rights of tenants, welfare recipients, the homeless, and the mentally Sorry I missed you last week, but I was busy testifying for the NLAA (National Legal Academic Association). It seems that even Buffalo is guilty of massive, systematic recruiting violations and I doubt you'll be seeing our Moot Court Team on national t'v. or in Bowl Games this season. When asked to comment on this situation, our fearless Dean admitted that he had plied recent Ivy League Honors graduates with offers of ( unlimited Rooties Wings (hot) and Porsches. Expect to hear something soon from the NLAA and don't be disappointed if you have to return your "Entertainment Card" to the SBA. Look to see the Cylindrical Devices in their first live performance since the release of their greatest hits album, payenu and Diamonds, this Halloween (venue yet to be an- Coy Boy." I hope everyone has their Hiking Boots SnoSealed by now. U.B. will be having helicopter patrols and emergency evacuation teams all winter for any wayward students coming in from the parking lot. The bestadvice for anyone who comes in after 10:00 a.m. is to wear wool and bring a compass, just in case, you may want to check out the sale at Eastern Mountain Sports—they've got down bags good to minus 20° for less than will come in real handy if you're forced into the back parking lots. Cross country skis are good for Dorm Residents, but habitually late drivers should at least consider a snowmobile for getting to school on those $200.00, and those babies snowy mornings. Snowmobiles aren't covered by parking rules as far as I know, so you should be able to get close enough to avoid that painful frostbite that plagued so many drivers last year. By the way. First Years, winter here is as bad as you've been led to believe, and according to Soviet pilots, it looks like this year is going to be particularly bad. tKvld'anya,' Übris �Commentary The Time Has Come To Talk of Many Things by Andy H. Viets serious journalist. 5) From someone I had After the last edition of The thought at least had some Opinion hit the newsstands, 1 respect for me—"What does immediately began to elicit The Opinion do, print any articomments from my peers with cle it gets?" respect to the column publishActually, most of the obsered in that paper by yours truly vations transmitted to me were (you remember, the one all mildly positive, and for that I about my summer vacation in thank you. I thank you all. Santa Barbara). I was truly in- Enough, though, of the past. terested in the thoughts of the Let us get on to more mundane people. Well, all right, I was things. also concerned with getting After a year of studying the people just to read the damn- law, it came to my attention ed thing. No matter. From that I had been spending far those I was able to corner, I too much time on doing exactreceived the following ly that—studying the law. As a result, I took it upon myself to remarks: 1) From someone who works remedy the situation, in order in the library—"l'm sorry, but I that I would be able to indulge avoid reading The Opinion at in some of the more salient things in life—such as drinking all costs." 2) From that same person heavily on Friday night and after being bodily threatened playing softball Saturday morif he didn't read it—"How ning. much did the Santa Barbara The System To accomplish this lofty Chamber of Commerce pay you to wnte this?" You can see goal, I have established several what kind of respect I get policies for myself that are inaround this place. tended to reduce the amount 3) From one of the people I of time I spend on law-type share an apartment with, who work: 1) The first thing I do when was referred to in the very first paragraph of the given a case to read is to see article —"What, you don't who wrote the court's opinion. even mention my name?" If Rehnquist or Douglas is responsible, you know how it's There's gratitude for you. 4) From the other person I going to come out, so what's live with, who was quoted the sense of reading it? As far about his working for the big- as the rationales, it's really gest and baddest law firm in all quite simple —Rehnquist of Suffolk County-"Did I represents the forces of evil really say that?" Thanks a and Douglas represents the lot—statements like that do forces of good. 2) I've stopped reading footwonders for my credibility as a any law review article. They you's coming from the law use too many big words that I library already. You are all into the opinion itself, it can't don't know the meanings of. very welcome. be important enough for me to As far as I'm concerned, the Considering all the time you read. Also, they usually put only good law review article is will now have on your hands, it footnotes in that teeny-weeny one with a lot of footnotes. seems to me to be appropriate type that requires a magnifying You should see me when I to finish with one of my glass (or contact lenses with a come across any reading favorite quotes concerning time (from Lewis Carroll's stronger prescription than the assignment with a lot of footpair I've got). notes in it—pure ecstasy. And Through the Looking Class): 3) I don'tread dissenting opino, the reason that I don't read 'The time has come,' the nions anymore. I have two proWalrus said, law review articles is not that 'To talk of many things: blems with dissents. The first is I'm mad that I didn't make law that if a bunch of judges can't review. Well, all right, maybe it Of shoes—and ships—and sealing-wax agree on a legal issue, how do is a little. cabbages —and Of they expect me to figure it out? It is at this point that it kings Second, being a laid-back, should become apparent that I And why the sea is boiling mellowed-out Califomian now, have cut your basic thirty to hot I don't want to deal with peofifty page reading assignment And whether pigs have ple who can't get along with down to ten to fifteen pages. I wings.' each other. Judges who can hear the chorus of thank disagree with each other obviously aren't at peace with themselves or with the universe (0.X., 0.X., that's the last thing about California). the New York State refund due continued from page 1 4) When reading an assigndefaulters. ment in a casebook, one often a liaison between the student The IRS match has been excomes upon a section entitled borrower and the lender in an tremely productive for the Cor"Questions" or "Problems" or attempt to avoid defaulting of poration. HESC forwards listings of its defaulters whose "Questions and Problems" or a loan. HESC has also intensified its addresses are "unknown" and "Problems and Questions." These are history before I even efforts in the collecting of stu- has been successful in obtainget to them. The way I look at dent loans that enter default ing current addresses in about it is this —If the casebook status. There have been 50 percent of the referrals. authors know the answers to several legislative changes on A legislative change, on a these questions and problems, both a state and federal level state level in 1982, now allows they should tell me what they that have enhanced HESC's HESC the right to any tax reare. For thirty dollars a book collection efforts. fund due a New York State The most prominent resident who has defaulted on the least they can do is give me some answers. On the other legislative changes center his or her Guaranteed Student hand, if the casebook author around HESC's ability to Loan. If New York State has obdoesn't know the answer, how search Internal Revenue Ser- tained a judgement against the the hell does he expect me to vice (IRS) files for addresses on borrower, the New York State "skip" accounts and the ability tax refund will automatically know? 5) Finally, I refuse to, read of the Corporation to attach be forwarded to HESC for ap- notes. It seems to me that if it isn't important enough to put — — Loan Defaults. Put Some Entertainment in Your Life WEDNESDAY, OCTOBER 26 Music: The University Philharmonia, directed by Alan Heatherington, performs at 8:00 p.m., Stee Concert Hall, Amherst campus. Poetry Reading: Gloria Oden, professor of English at the University of Maryland, reads from her poetry at 8:00 p.m., Woldman Theatre, Norton Hall, Amherst* campus. Oden published her first book, a collection of sonnets, in 1952. But after the stillunsolved murders of her mother and eldest sister in their Washington, D.C., home, she began to write verse memoirs. The poetry editor of Ms. magazine has called Oden's The Tie That Binds "a moving tribute to a specific black 'church family' and the tenacity of their love." guitarist," will perform at 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. Korn's appearance is part of a nationwide tour promoting his newlyFrom Hester Street to released album. The Natural Hollywood: The lewish- Film: Sciences. Tickets at $5, general American Stage and Screen. He The Year of Living Dangerouscontributed the essay on ly, 4:30, 7:00 and 9:30 p.m., admission; $4, UB faculty and Jewish writers to the Harvard Woldman Theatre, Norton staff, and $2, students, senior Guide to Contemporary Hall, Amherst campus. See Oc- adults and the unemployed, available at Ticketron outlets, American Writing, and has writ- tober 27 listing for details. ten articles for the New York Halloween (John Carpenter, 8 Capen Hall, Amherst camTimes, The Nation and The 1978), a psychotic killer stalks pus, Harriman Hall Ticket OfNew Republic. his prey on Halloween night, fice, Main Street campus, 451 Midnight, Woldman Theatre, Porter Quadrangle, Ellicott Miscellaneous: Open Mike: Singers, musicians, Norton Hall, Amherst campus. Complex, Amherst campus, dancers, et al, are invited to Admission, $1.75, students; and at the door. Film: perform at 8:00 p.m., Harriman $2.25, non-students. (David Videodrome Hall Cafeteria, Main Street Music: 1983), television Cronenberg, Music, New a program sheet Buffalo campus. Sign-up of works by Western New York and video piracy tale set in available at 7:30 p.m. FRIDAY, OCTOBER 28 composers, will be presented Toronto, 4:00, 6:00, 8:00 and at 8:00 p.m., Katharine Cornell 10:00 p.m., Woldman Theatre, Conference on Science and Theatre, Ellicott Complex, Norton Hall, Amherst campus. Paranormal: the Science, Skepticism and the Amherst campus. Tickets at $5, Admission, first show only, Paranormal: The Committee general audience; $4, UB facul- $1.25, students; $2.25, nonfor the Scientific Investigation ty and staff, and $2, students, students. Later screenings, of Claims of the Paranormal senior adults, and the $1.75, students; $2.25, non3:00 p.m.. Room 410, Clemens Hall, Amherst campus. Shechner is the author of an essay on Woody Allen included in the recently-published THURSDAY, OCTOBER 27 Film: The Year of Living Dangerously (Peter Weir, 1982), wellwill hold an international received Australian film about meeting of its members a young Australian journalist through October 29, Friday, in who, while stationed in Java, Slee Concert Hall; Saturday in becomes involved with both Moot Courtroom, O'Brian Hall, civil disturbances and a Amherst campus. Featured will beautiful woman from the be reports by members from British Embassy, 4:30, 7:00 and the European continent and 9:30 p.m., Woldman Theatre, from the United Kingdom on Norton Hall, Amherst campus. the state of worldwidebelief in Admission, first show only, the paranormal; a presentation by magician and author James $1.25, students; $2.25, nonRandi and his cohorts in "Proscreenings, Later students. ject Alpha," an experiment $1.75, students; $2.25, nonwhich discredited research bestudents. ing conducted at the McDonLecture: nell Laboratory for Psychical Dr. Mark Shechner, UB professor of English, discusses Research; reports on animal mutilations, star maps and "From Harosis to Neurosis: Jewish Fables of Identify." at UFO's, and discussions of the — evidence for parapsychology, paranormal health cures and reasons for belief in the paranormal. Registration information may be obtained by calling 834-3222. unemployed, available at Ticketron outlets, 8 Capen Halt, Amherst campus, Harriman Hall Ticket Office, Main Street campus. Black Mountain College II offices at 451 Porter Quadrangle, Ellicott Complex, Amherst campus, and at the door. SATURDAY, OCTOBER 29 Conference on Science and the Paranormal: Conference on Science, Skepticism and the Paranormal continues in O'Brian Hall. See October 28 listing for details. students. Midnight, Halloween, Woldman Theatre, Amherst campus. See October 28 listing for details. Guided Tour: Darwin D. Martin House designed by Frank Lloyd Wright, 10:00 a.m. and Noon, 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter ofthe Society of Architectural Historians. .. plication against the defaulted loan. The number of loans referred to collection agencies and law firms has also shown a dramatic increase in the last year. These loans are referred to the agencies with the understanding that monies will be collected within a specified period of time or litigation will commence. Collections by the agencies under contract of HESC has increased 182 percent for the fiscal year 1982-83 as compared to the previous fiscal year. Referrals for that same period of time are up 9.3 percent. The results of the Corporation's efforts are evident in that collections for defaulted student loans for the fiscal year 1982-83 reached approximately $20,000,000.00. This represents a 30 percent increase over the previous fiscal year. It is anticipated that approximately one billion dollars in student loans will enter repayment over the next year. This will have a major impact on the Corporation's default program. In an attempt to handle the anticipated increase in defaults, HESC is currently adding additional collection personnel as well as further computerizing its claim and collection units thus, maximizing its efforts to avoid default claims that cannot be avoided. The Corporation also supports the efforts of the Department of Education as well as the National Council of Higher Education Loan Programs Poetry Reading: Default Committee in their efCarolyn Forche, whose book of forts to identify procedures Music: Mitchell Korn, whom the poems. The Country Between which will result in a decline in Chicago Tribune has dubbed Us. was the 1981 Lamont the number of loans entering default in the years to come. "the world's best 12-string continued on page 8 Donations: $2. SUNDAY, OCTOBER 30 October 26, 1983 Opinion 3 �x^h cool, tAUM P>MO COLLECTED. n~ Will. B£ ftOUfrW GO MO- Po^ \r |^~ JEO3"oft\s ( vWo«LO- UJeu., HERE t\'W Iri I£=±L t H ft^e(a£cjiL'jiia#vu=lA nelicftTE MeTiirAwce — 4 of I /N V^CvV J^V Moji Vl/ X l?E^lN(r / // Toxic Chemical Regulation Films . . The following films are shown in conjunction with Barry Boyer's Toxic Chemical Regulation class All films will be in O Brian Hall, are FREE, and EVERYONE IS WELCOME1 Killingcround (50 mm ) October Jl. 4 00 p m Room 10b Tuesday, November 1, 1)0 p m Room 106 Monday. KILLINCGROUND. an ABC News Closeup' .is a frightening account of the environmental dangers caused by the dumping of industrial chemicals Representatives of industry, government, and health services debate the issues Is Our Own Back>m«d (S8 mm ) Monday. November 7,400pm, Room 10b Tuesday. November (J. ,i i0p m Room 10b This documentary of the experiences _, I X^\ / of citizens and government during two years of turmoil at Love Canal illuminates the nations first encounter with the horror of toxic waste It shows the complexities ot the democratic process in action and the hard-tought victory ot the residents POSITION AVAILABLE Photo Editor of The Opinion ELECTION WEDNESDAY, NOVEMBER 2nd at 3:30 p.m. in Room 724 All Law Students Eligible to Run f CALM- I AH JWILL -\ I 100 TIME 4 ff- \4^/ THlNlcyH \ N^y //^3TFg£frWN6r LSC Attorneys — Commitment to Needy continued irom page I eluding some who have publicly stated they are against continuing the legal services program Additionally, the LSC itself helps to destroy its effectiveness through such actions as issuing proposed rules which would make it substantially difficult for the poor and elderly to obtain legal representation by redefining income so as to include government benefits received in judging if a person's income is within the maximum allowed, and by denying legal assistance to persons with more than $15,000 equity in a home. Considering these very debilitating actions, no one could realistically point to the legal services attorneys' lobbying against local referendums and supporting community action groups as the cause of the LSC's demise. Finally, on a strictly personal level, I am offended by the prospect of being labeled a "self-righteous, confrontationalist, idealistic" legal services attorney. I defy anyone to remain idealistic after working for any length of time in an understaffed legal services office and realizing that its resources will only allow a response to about half of the calls for assistance. Perhaps it is the effect of that realization, along with a deep commitment to persevere in spite of that effect (for reasons other than a monetary reward), that causes the attitude Mr. Cass deems "self-righteous", but I tend to see it more as a normal response under the circumstances. As for being called "confrontationalist," I don't know whether to be insulted or not since I'm not really sure I know what it means. New Waves Talking Heads: Worth the Wait by |ud Weiksnar Although it had been five years since Talking Heads last visited Buffalo, when they came to Alumni Arena October 9th people knew what to expect. Word was but that this tour was worth the wait, good enough to rival David Bowie's Serious Moonlight tour which had stopped in Buffalo just a month earlier The question was, could Talking Heads live up to their advance billing? They did. When David Byrne walked onto an empty stage with an acoustic guitar to do an unaccompanied version of "Psycho Killer," one got the feeling it would have been worth the price of admission to just see Byrne give a solo concert. Byrne's facial expressions, bodily contortions and vocal dynamics make him "better than (M)TV," to paraphrase an early Heads' song. There was more to this concert than David Byrne, however. In ones hour the stage was full and the sound was complete. Talking Heads played most of their more popular tunes and added songs from the group's spinoff efforts—The Catherine Wheel and Tom Tom Club. The sardine-can condition of the gym floor was the and twos, the other Heads and only thing that prevented intheir supporting musicians spired swaying from turning incame on stage: first Tina to full-fledged dancing. The Weymouth, joining Byrne on sound, even for a gym, was not bass for a slowed-down version bad. After the obligatory enof "Heaven." Then Jerry Har- cores, an exhausted Byrne left rison, Chris Frantz, two the stage. What most of the auvocalists, a guitarist, a dience did not realize was that keyboard player, and a percus- Talking Heads almost cancellsionist, each accompanied by a roadie or two wheeling out their equipment. After half an ed their Buffalo show to give Byrne's voice a rest. Luckily for Buffalo, the show went on. NLG Urges Student Action The Buffalo Chapter of the National Lawyers' Cuild members from across the country came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process, a Cuild chapter was formed. After the Attica trials ended, the chapter continued. The Buffalo Cuild strives to provide a forum where all members of the legal com- __ P^OTO I ANNOUNCEMENT lijpe munity can get to know one another and discuss politicallegal issues of importance to us. For those of us who are law students, the Cuild provides an opportunity to battered women, a one-day conference on labor issues, and a forum on immigration issues. We encourage input and welcome all suggestions. If you are interested in beginning a Guild project, or working with the Guild in any capacity, drop us a note in Room 118, or leave a message in Box 436 (Hoilie Levine) or 629 (Matt do progressive work, as well as to address issues of tantamount importance to law but not covered in the Buffalo Law School curriculum. Plans for the coming year include a panel discussion on Fusco). WORD PROCESSING - TYPING Your Future Can't Wait Much Longer P.A.D. sponsors a Red Cross Blood Mobile on Monday, November 7, 1983, from 10:00 a.m. until 4:00 p.m. in the first floor student lounge. PLEASE support this worthwhile cause with your donation. 4 Opinion AOiniqQ October 26. 1983 1»<M:>O IAVi « It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. "^ ?h-^ i Complete Editing Capability No need tor retypinit when editing drafts £ l"*SymbO'$ noose tram '° Repetitive Work at Reduced Prices Xeroxing. Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten VUk-Vp Oe||wy AvaiUb|e All Work Guaranteed — Call Proto-Type 883-3348 Ask For Randy �- gf} a/)iflMld7 /j|^!/VfVf(/*^ i . Saturday Seminar-1983 Date: November 5 Time: 9:30 a.m.-5:00 p.m. f MK.mjfm " • Place: Sheraton Inn-Buffalo last Walden Aye. at 1-90 (Exit 52E) Buffal° NY 14225 An Essential Update For Every Practicing Attorney Sharpen your practice of the law with knowledge of all the recently decided cases and new statutes in fields such as General Torts, Medical Malpractice, Motor Vehicle Liability, Pleadings, Practice and Evidence. Program Chairman: Bert Bauman, Esq., Bauman, Greene, Sims & Kunkis Local Chairman: Paul W. Beltz, Esq., Buffalo, NY LECTURES: LESTER FETELL, Esq. BERT BAUMAN, Esq. Fetell & Coen PROF. RICHARD FARRELL Brooklyn Law School PERRY PAZER, Esq. Pazer & Epstein SANDRA KREVITSKY, Esq. Weinstein, Chayt & Bard PROF. PERRY REICH Law Secy, to lustice Titone, App.Div., 2nd Dept. Trial Practice Pleadings and Venue Ceneral Obligations Law Contribution and Indemnity Malpractice Motor Vehicle Liability Construction Accidents Evidence Products Liability MORNING SESSION Miscellaneous Cases New Legislation Disclosure and Discovery AFTERNOON SESSION Damages FREE OF CHARGE TO ALL LAW STUDENTS ALL STUDENTS INTERESTED IN ATTENDING PLEASE SIGN UP WITH CLEO, ROOM 319 or PATTI, ROOM 317 I I I -3 THERE'S A LOT MORE TO EFFECTIVE BAR PREPARATION THAN OUTLINES, LECTURES AND PRACTICE EXAMS. While BRC offers you the finest law summaries and lectures and the most comprehensive and sophisticated testing program available, we think there is more to effective bar preparation. S I 1 The cumulative effect of these variables makes each student truly unique. That is why BRC has gone well beyond the traditional approach to bar reviewing by developing a wide personal needs a wide disparity in substantive areas, some course to thelr students have less self-discipline than others, some have problems with writing essays or answering multiple choice questions, some have trouble remembering all the testable detail, and some have special time and travel pressures that can impede full bar preparation. ■ I I Some bar applicants will work full time during bar preparation while others will not work at all. * • • . • c«..«j.. D ; wwaliii-i Study » Detailed Regimen AM mA Continuous Evaluation . . . B Manno Problem integration Josephson Issue Graphs ExamSllianshipr CUniCS I miarino-josephson/BRC • %» v* S8 v^ KhHIIIH 71 BROADWAY 17th FLOOR ENROLI N°W AN° SAVt •"•HIIIIMieiBBBBBBBBBBWiWW. NEW YOBK. NY 10006 s. BEST OF BOTH WORLDS October 26, IM3 Opinion 5 �Introducing Vedge's Law ... IHFcQ£ u/r staßt O.ASS, r*e\ I UWIMERSiT/ pouicC MflV^ ASK£P I mb to Tnei'y/e call, inretfr** to .., "v^ cooKy UK6" Pi R£/»t.l?\ /it examination will be offered twice: Sunday, Nov. 13, 12:00-6:00p.m., Room 107 Wednesday, Nov. 16, 5:00-11:00 p.m., Room 107 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited toward their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour testing • MPRE book and outline materials You'll be confident you've enrolled in the course that provides the most comrpaterials lecture^ services available. prehensive system of • Preregistration at table until Nov. 11. ", Opinion i. October IK,) ,IWtS 6 *"*V * lv + °^ , . THCRe A M«"TSHiZI\ V O \ In preparation for the Nov. 18 MPRE and A /^*yt BAR/BRFS COURSE / — )/^/ \ Place? oh I EACH «^SK /-this / V. . S.B.A. Appointm Selections for Faculty Finance Committee Larry Regan William Alford Anna Marie Richmond Cina Peca Paul Mitchell Danny Figueroa Rob Calbraith Julian Johnson . Sp Ra De Ye Cc Ac Ba Jar To Budget and Program Review Joe Coleman Steve Berkowitz Craig Atlas Academic Policy and Program Kurt Thalwitzer Nancy Barshter Rick Moore Gary Kaminsky - Alternate David Hoffman Alternate - Mitchell Lecture Tom Jipping Dennis Ng • Lai Ap To Ed Loi Ch Ad Ed Ga St€ Do Ha Library Art Scinta NOTE: Alternates fully participate in committees, but tt Appointments Committee Members: Jason Reid, Tony To Paperno, Tracey Kassman �. . . In Context f-^Ufr % <y \sotAß -^ A qJq disturbs / F\f^L> th^\ m£\ \ of You J / tlbu?ff\LQ model" IS t*ER£Li A Cliche] I uiTHOi/T ~^JTH£: -r> o * 'rig n LA/ y "BoF/rftLO I* I 1 t/iaj&bi^ ouit^ /A/ r/>C7" S£*V& iNW-U*BL£; I 1 merit Committee ty-Student Committees 1984 NEW YORK BOOKS ARE HERE! Special Program Raymond Perez Debra Williams Vera Robinson Gerry Pickett Alternate - Academic Stds. and Standing Barbara Barton James Kissel Tony TorresLaurie Cohen Alternate Distribution Days are Wednesday Oct. 26— Friday Nov. 18 All 1984 and 1985 Graduates who Book - Appointments Tom Bantle Ed Peace Louise McMillan Charlotte Sibley Alternate - or wish to pay their $150 deposit may pick up their 1984 York Volumes. If you have previously york books, you been issued old must return them to receive your have *• Admissions Ed Murphy. Gayle Eagan Steve Wickmark Donna Knight Hanif Abdu-Sabr Alternate paid new - new books. PLEASE^OfIE: jt they do not vote unless permitted. f Torres, Sarah Ayer, Rob Sant, Judy Olin, Tom Bantle, new Jill 1984 NEW YORK BOOKS FOR THE CLASS OF 1985 WILL BE DISTRIBUTED ON A FIRST- COME, FIRST-SERVED BASIS. October 26,Witt Orvmon 7 �Mitchell Lecture purvey Please check the topics that interest you. (If you know of his or her name in the margin.) a - . person to present the lecture, please indicate Civil Rights . cinn Race in the American Legal Profession ■ Prn( Profesion in the Legal The Effects of Affirmative Act.on on Hispanic Enrollment Hispanics in the Law i.e. Jones of Guyana. Squeaky Froome Defending Unpopular Clients Americans of Native Legal Rights x - - , International Law & Human Rights Immigration Law International Law & U.S. Foreign Policy Military Spending/Nuclear Freeze Campaign Legal Issues in the Middle East Multinational Corporations Consititutional Law ____ Impact of Reaganomicson the Bill of Rights Fourth Amendment guarantees of the Constitution 22 Caliber Killer Case Reform of the Judicial System Insanity Defense — Search & Seizure Sports & Entertainment Law Negotiating Contracts of Athletes and Entertainers Family Law . Law Incest Family Violence & Business Law & Economic^ Mergers and Antitrust AT&T, IBM Monopolies Tax Reform Federal Regulation of Corporations Impact on Consumers Deregulation — * — : Other Topics of Interest ' Happenings continued from page 3 Selection Poetry I scvrn Crown of the American Academy of Poets, reads from her works at 2:00 p.m., Allentown Community Center, 111 Elmwood Avenue, l^ff^ffi^YV^l Buffalo. Guided Tour: Darwin D. Martin House, I* to I yfe. ' —"t^ ■ I ■■I C/W~ ""■""■ m'- ».B designed by Frank Lloyd Wright, 1:00 p.m., 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter of the Society of Architectural Historians. Donation: $2. H^M Sr • A I zj£3&!fcffi _jgi CONTINUING EXHIBITS: of a House: The Early Drawings, Years: correspondence, photographs and artifacts relating to Frank Lloyd Wright's design of the Martin House built between 1904 and 1906, 125 Jewett Parkway.. Through December 31. Hours: 10:00 a.m. to 2:00 p.m., Saturday; 10:00 a.m. to 3:00 p.m. on Sunday. Sponsored by the School of Architecture and Environmental Diary Design. jj%^fever stirsvUh . Seven&Seven Does it Batter, Faster for Less! Typo34t a Pnntod anunot wvnong SmikWm Copitd ALSO: ••• Ryan TlekMß •• Cards • Posttrs BrochurM But. •^ I ilia rti ■ aria Envelope . . OIWSUOIMiIDISTLL£f)SCO.NV.NVMKMCAMWHISK£¥ABIENO 80PI!00f S«bvUp-J«d -nr-».»«fc™iteolll«SevwUpCompan), - Opfeim 8 ■ ■ October 2*, 1983 • - S^fi tll*Altl*C ' ■ • . If7IN.P.bM 3171MWntt , . AiwtfcHet i 4*l\l—i —^ Buffalo —. -^ —. �A Hayride In The Country Fall's End Last Friday's Hayride out near Holland featured gorgeous fall scenery, food, wine, good friends and of course the hayride. After the ride, students retired inside to relax, and much impromptu entertainment was provided Shown here, students ring autumn out with good cheer. *^cry J Photos by Kathy O'Hara smtosaMw &mv 9 �Save money and receive continuous support from Josephson CES/BRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. You pay only a $50 down payment, and receive the following: ft * * f ■fc BIG DISCOUNTS ON CES MATERIALS First and second year enrol lees will be entitled to at least a 10% discount on all CES legal study aids, including the Sum & Substance of Law books and lecture cassette tapes, written and delivered by some of the nation's most outstanding ft — 4fc V GUARANTEED COURSE PRICE (Standard C-90 audiocassette) • v I course at existing prices. W BRC "BUDDY BUCKS" Our "tell a friend" campaign entitles e ßeps with BRC. Buddy Bucks for distribution. O°ur Campusn have° JB y ■! • CES/BRC " IO^IVIIYWI KKWlflt^mw IC9WI ■//RRC^ WIIV VUmM ■■ WKf \J\*%*%^*9 E3k. PHfc- IT'S REALLY HERE!!! The All New Buffalo Law School Entertainment Card MrJßk Q- What's an Entertainment Card? Pg V With you every step of the way 71 Broadway, 17th Fl., New York. N.Y. 10006 (212) 344-6180 Ey ' EXAM WRITING LECTURE CASSETTE First year enrolleesreceive valuable "How to Write Law School Exams" lecture by Professor Michael Josephson Stop inflation! By enrolling now, you assure yourself of your bar review ■ . law professors (many author the major required law school texts). JOSEPHSON ISSUE GRAPHS (JIGS) Special visual study aids very popular! 2q "" ft ft BRC OUTLINES THROUGHOUT LAW SCHOOL Preenrollment in BRC entitles you to BRC Law Summaries, the finest bar review materials available, for use during law school. These Law Summaries are replaced with a new, revised set when you begin actual bar preparation in our course. • (212) 344-6181 \^k A: An Entertainment Card is a card which entitles the holder to obtain discounts at local bars, restaurants, and movie theaters. It is sold for $10.00 by the Commencement Committee* HL^ Q: Where can I use my Entertainment Card? A: The Entertainment Card may be used at any of the following bars and restaurants: Rooties, Grandma Lee's, Pizza Plant, Golden Palace, Library, The Steer, Boardwalk Cafe, Bullfeathers, Mindy's, The RunAround, Checkers, Cheers, AND MANY MORE V^l I IV . Dh^ r%ffl ■JHl L^ffj^^^ MM ml The Entertainment Card will also entitle its holder to purchase discounted movie tickets. These tickets are valid at all General Cinema Theaters, including the University, Boulevard, Eastern Hills, and Thruway Mall Cinemas. The movie tickets will beavailable for $2.50, a savings of $1.50 off the regular ticket price. Bk In addition, the purchaser of an Entertainment Card will also receive a discount on upcoming Commencement Committee -sponsored activities. ,J J^^^k Q: Where can I purchase an Entertainment Card? U9 Opinion A: They are on sale NOW in front of the library. October. 2h,.1.9ftJ J^j *■ Q: Why does the Commencement Committee sell Entertainment Cards? A: The Committee sells the cards to pay for parties throughout the year, and to raise money for graduation week activities. L^A^ |^j| 10 ntJ HHHI A wA%M �... Your Resume Beautifully typeset and printed to*give you a professional edge in the job market. Come in and see our complete line of typestyles and paper choices. We take pride in our personal service and low prices. Convenient Location on Main Street Campus! the top law firms in new yqrk city is as easy as Signing your name * and licking a stamp. contacting With the University Press cover letter service, that is. Provide us with a personal cover letter and let our word processor do the rest. Our computer lists include firms in Boston, Washington, Buffalo, Philadelphia and New York City. We even address the envelopes. We take the work out of job-hunting. wJ^J University Press 9:30-4:15 daily Wed. til 7:15 I 56s Harriman library 831-2588 University Press 56s Harrimaa library Main Sired Campas 831-2588 ra^^Sfe^^ repersonalized cover I =^!^^^^^^f \_ Anything. And we're fast,y^^%^y We can. Term papers, thesis, J letters, ports. professional, and cheap! I I I I University Press B6s Harriman Hall Main Street Campus 9:30 am Wed. For more — - -• *tt£^ °lfy °* */ 4:15 pm daily evening til 7:l&pm information call us at 831-2588 Oitobfi-2ft,<n*P O|>hit«t. 11 �Fanatic Predictions: The Mets Triumph in '84 by Eric Turkewitz Fan is short for fanatic, a person enthusiastically devoted to a particular diversion. Joe Fan comes in many shapes and sizes, and covers various degrees of fanaticism. The most detestable of all varieties is the "Jump-on-thebandwagon" fan. The most inoffensive is the "Hometown" fan. Unquestionablly the most loyal is the "real fan." Joe Jump-on-the-bandwagon is at his most obnoxious because he always appears to be cheering for the winning team. He's hated because nobody always wins (except, of course, the Islanders). He waits to see which team is in first, and then adopts them as his own. This lowlife wouldn't be caught dead in a baseball ballpark in April, but comes late September he'll swear he never missed a game. Joe Hometown is much more palatable. Though most of his cheering is also only when "his" team is winning, at least his loyalty is dictated by neighborhood patriotism, not just the standings. Hometown will come alive at the All-Star break if his team has a shot at the pennant. If not, the football season is only around the corner. Real Fan is another story altogether. For some bizarre reason, he will never give up 7 / 1 ( C mathematical elimination, when Joe Jump-on-thebandwagon is taunting him at a feverish pitch, the Real Fan will always explain that the rookies looked great, that the veterans had an off year, and that with a trade or two during the winter meetings, they are sure-fire contenders for the coming year. Then he will proceed to figure out how many days till opening day in April. This despite the fact that the World Senes has not yet been played. As you may have guessed, I am in this third category. I already have made my selections for the coming 1984 season I will discount the fact that the rest of the sports media has called my team pathetic for the last seven years, (anybody can have a bad game or two) Yes sports fans, herewith is my predictions for 1984, while memories of the Orioles' torn of a bottle but from the quite lucid analysis of an ex- cellant baseball organization It is unquestionable that this team possesses all the ingredients necessary to be the recipients of a major tape ticker parade in October, a ridiculous Presidential phone call to the clubhouse, and one hell of a champagne party My determination comes from viewing the vast team potential. With George Foster and Darryl Strawberry in the outfield, the Mets have two of the premier home run hitters in baseball. The infield corners feature the be first basemen in baseball: Keith Hernandez with Hubie Brooks holding down third. Strength up the middle comes from Mookie Wilson, Brian Giles, Jose Oquendo and John Steams, all of whom are potential GoldGlovers Any other defense would need roller skates to cover as much ground. Baseball people will acknowledge that the Met organization also possesses the best young pitchers anywhere. Jesse Orosco, Doug Sisk, Carlos Diaz, Walt Terrell, Ron Darling, Tim Leary and Jeff Butiger have careers starting now that may land any one of them in the Hall of Fame. They will be the most sought after prizes of the winter meetings. Dave Johnson 1 championship and lukewarm clubhouse celebration are fresh in your minds. I would like to go on record as being the first (and possibly only) sportswriter to predict that the New York Mets will be the 1984 Worlds Champions. This prediction comes to you, not (who flew out to Clean Jones as you may think from the bot- forgot to mention about Real Fans. They will never, ever adchampionships with the Met's mit anything negative about Triple A Tidewater club. As their team to a non-believer. this year's manager, he's not Remember, only 162 days till talking fifth place or fourth. opening day. He's talking pennant! P.S. Pudge Meyer is obviousYou may not believe my predictions now, but the ly a real fan. His altogether destiny of the Mets is a dynassuperb article on professional ty. They will dominate the wrestling could obviously have been written by none other game of baseball for the remainder of the 1980s. than a loyal, devoted, and There's one other thing I bona fide fanatic. to end the 1969 World Series) has just won consecutive Skylon Marathon. . . continued from page I mile from the finish line." And twilight zone; a ivorld of then it was over. More water, unknown physical and ERG, oranges, medical attention if needed, supportive psychological torment. Thirdsof the year law student Jud Weiksnar shoulders, and thou remarked, "From twenty-one evening's Third An. il Frank on, it felt like I was gradually Butterini Marathon Harty. Winner of this year's Skylon going down into a ditch. Yes, I hit the ditch at twenty-one." I was 21-year-old, West Seneca suffered from a loss of feeling native Bernie Prabucki, who in my arms, dizziness, and a finished with a blistering time revelation that God was close of 2 hours, 21 minutes, 28 at hand. Simply put, the wall. seconds. The first woman The final mile or so was less finisher was Vicki Scanlon of agonizing, as the crowd's Hamilton, Ontario, in 2 hours, cheering and the blurred fan56 minutes, 38 seconds. A tasy that the finish line was Los handful of present and former Angeles in August of 1984 tapUB law students competed in ped hidden reserves of the race, including the followstrength. Third-year student ing (my apologies to those Pat Higgins noted, "I became whom I have inadvertently left real tired at twenty-two and a out): Frank Butterini (3:55:00), half, but the last mile was fun. Gary Cutler (3:31:00), Pat HigThe toughest part of the race gins (3:45:10), Tim Payne was the walk back to my car, (2:59:48), Rich Schaus (3:09.00), which my roommate parked a and Jud Wieksnar (3:21:58). Q: Isn't it true, Mr. Schrackle # that... C ]i hope on the pennant until elimination from the race has been mathematically^assured. At the appointed hour of MR.BIRZOFF: Objection, Your Honor. That question calls for innuendo, hearsay and character assassination. In the leading case 0f... THE COURT: Never mind, Counselor. Objection sustained. Opposing counsel is directed to submit that question t0... linjon j <j( There State University of New York at Bufialo School of Flaw is a choice! You can write for us, or we can write about you! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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This included submitted briefs, according to outrightremoval of library proMoot Court President Daniel perty and "misplacement" of Pease, the competition is proarticles and microfiche sheets. To replace the missing ceeding as scheduled. Pease attributed the high materials, Pease estimated, drop-out rate, at least partially, will cost the library "probably to students' becoming over a thousand dollars." Acfrustrated in attempting to cording to Pease, it is unlikely gain access to library that the Moot Court Board will resources. Next year's Moot pay for this damage. Court Executive Board will The Desmond Competition, work with the library staff to, structured so that it consists of hopefully, devise a system two-person teams, includes a written brief and three nights of oral arguments. For grading purposes, brief and oral scores will be weighed equally. Board Membership According to Pease, there will be a "natural cut-off" to decide Board membership so that "there will be an obvious difference between someone who makes the Board and someone who doesn't." Pease estimated that approximately one out of four participants in the competition will be invited to join the Moot Court Board. There are two aspects of the. competition: the competition itself and Board membership. Law Firms Drop Out, Syracuse Hiring Consortium Left In Cold by Martha Beach Assistant Director for Placement Audrey Koscielniak expressed disappointment at the results of the first Consortium of Upstate New York Law Schools. The Consortium, which Occurred on October 26th, was to have been a recruiting day for six firms, giving them the chance to interview Law students from Buffalo, Albany and Syracuse law schools. Although pleased that Buffalo law students followed through on their interviews, Koscielniak said she was disappointed that only two of the firms showed up. One of the firms was Cleveland, Waters, and Bass, from Concord, New Hampshire. This firm, which has a general civil practice, interviewed seven Buffalo Law students. The other firm was Widen Brinks Olds Hofer Cilson & Lione, Ltd, from Chicago. This firm, specializing in patent law, interviewed three Buffalo Law students. This was the first recruitment program run by the Con- sortium. Similar consortia exist throughout the country, the largest being the Southeast Consortium, which operates out of Georgia. A consortium is especially beneficial to a patent-law firm like Willin Brinks. Few students in any one law school have, the background in physical science that this firm looks for. Therefore, this firm will rarely visit individual law schools because recruiting is too expensive. The Consortium of Upstate New York Law Schools attracted this firm, however, because it was able to pool qualified applicants from three schools together. Koscielniak feels that consortia help to provide students with interviews who might not otherwise get them. A prime example is the student with a background in physical pools the qualified applicants together and makes a visit a worthwhile expenditure for the firm. A consortium provides this student with an interview he or she probably wouldn't have gotten. Koscielniak feels that corv sortia attract a wider range of employers, including public in- terest groups and government agencies. She feels that the problem with this year's Consortium was that it was scheduled too late. Many firms, she said, were already into their second interview stage at the time this Consortium oc- curred. She looks forward to a higher turnout next year. For purposes of the competition, the oral argument scores of each team member will be combined. However, for Board membership purposes, the Board will include only the oral argument score of the individual participant. Board membership. Pease explained, will be determined after the preliminary rounds of oral arguments. The final rounds will not affect qualification for Board membership, but rather are used solely to determine the winners of the competition. The Problem The four-member Problem Committee wrote the problem based on a compilation of real cases. The actual issue presented by the problem has never been addressed by the Supreme Court, Pease stated. He was extremely pleased with the problem, noting, that no questions regarding ambiguity arose. porting the respondent employer. Pease stated that he was not surprised by this breakdown. Inappropriate Remarks During last year's oral arguments, a "distinguished member of the Bar" made "an inappropriate comment" to a woman participant. Pease stated. Several Law School organizations, including the Association of Women Law Students, the Black American Law Students Association, and the Hispanic, Asian and Native American Law Students Association, felt that the Moot Court Board was not sensitive to the potential problem of sexist or racist remarks arising in the course of the competition. In response to their concerns, the Moot Court Board has included a statement in its general directions encouraging a to whom anyone "discriminatory comment" is made to complain. to the Consistent withthe structure of prior problems, this year's problem had both a pro- Board. By encouraging cedural and a substantive students to report such inissue The procedural question cidents, the Board hopes to concerns whether federal learn the scope of the problem. courts have exclusive or conThe Grievance Committee, current jurisdiction over Title VII claims. The substantive consisting of the Executive Board members, will decide on issue deals with whether a purportedly gender-neutral an appropriate response. Pease seniority plan constitutes stated that the Board would "follow procedures similar to pregnancy discrimination. those of the placement office" submitted, the 59 briefs Of 26 teams argued in favor of the when it receives complaints. pregnant women petitioners No formal sanctions have been and 33 teams wrote briefs sup- decided upon yet, he added. Committee on Paranormal Meets For International Conference by Victor Siclari of SUNY at Buffalo for its first science, seeking an interview major international conwith a firm like Widen Brinks. 29,1983, since its founding in only is the one On October 28 and ference If this student 1976. Headed by humanist seeking an interview, chances the Committee for the Scienare slim that the firm will come tific Investigation of Claims of philosopher and Professor of Philosophy at SUNY-Buffalo out to see just that one stuthe Paranormal (CSICOP) conPaul Kurtz, the organization campus consortium, however. on the Amherst dent. A vened prides itself on a membership of approximately 200 scientists and skeptics from around the world. According to Kurtz, the purposes of CSICOP include encouraging research into areas called paranormal, developing Grenada Teach-in Held an appreciation for the scien- tific attitude in the general public, providing a resource for data on the paranormal, and publishing such informa- tion in a quarterly journal called the Skeptical Inquirer as well as in other sources. Kurtz, in "Paul Kurtz: A Leading Debunker of Paranormal Speaks Out," from the Source, states that some 80 percent of Americans believe ESP and psychic in phenomena. Also The Times {of London) conducted a questionnaire in 1980 in which 98 of the 1,314 percent respondents expressed a belief in the existence of psychic experiences. Even McDonnellDouglas donated $500,000 to Washington University in St. Louis to establish a laboratory continued on page 10 ABA Recruitment photos by M.£. Berger was joined by Political Science Professors Terry Nardin Law School Professor (far left) and Jerome Slater (middle) at a Teach-in on the Grenada invasion. The panelists contended that the invasion of the Caribbean nation violated international law. Virginia Leary (far right) Moot Court Finals Schedule p. Bookstore *^^^12^^<^?/U^^^ —^Z^? Controversy p. 3 �Vol. 24, No. 5 Wednesday November 9,1983 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Lisa Kandel Wendy Cohen, Andy H. Viets Business Manager: Bob Cozzie Staff: Leah Edelstein, Cliff Falk, Jeff Johnson, Kathy O'Hara, Robert Turkewitz, Jud Weiksnar Contributors: Craig Atlas, Martha Beach, David H. Ealy, Chris Fink, Scoot Irgang, Lisa Roy, Victor Siclari, Steve Wickmark © Copyright 1983, Opinion, SBA Any of materials herein is strictly prohibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, N Y. Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Composition & Design University Press at Buffalo LJP Letter to the Editor Desmond Funding Denounced At November third's S.B.A. meeting, the Board of Directors voted to agument the cost of providing free dinners to guests at the Moot Court Competition dinner. The motion which was passed stated that student activity fees of up to $200 dollars would be made available to Moot Court for dinner expenses incurred over the cost of $1700 dollars. The $1700 dollar figure is the amount contributed by the Alumni Association, which has funded the entire Law Out of Bounds On November 2, the Student Bar Association passed a resolution on the U.S. invasion of Grenada which condemned President Reagan's use of armed forces in that country. The SBA Board then sent copies of this resolution to'a bevy of elected public officials from the President on down, and to the local media. (See text of the resolution on Page 5.) While we recognize the national and international importance of the invasion, and believe it must be discussed, we find it rather questionable that the SBA would take up its time debating such a political topic and then declare its findings as representative of the Law School, student body We must question the SBA Board with respect to its resolution for several reasons First, it presented nothing more than a series of conclusions; on its face, it was lacking in factual backing. Many of the statements of "fact" contained in it are quite probably true, but no effort was made in its text to legitimize its claims with supporting facts (or citations to the sources of facts). To quote just a few examples: [t]his invasion violates the fundamental principles of the coexistence of states;" "[T]his invasion further violates both the United Nations Charter and the Charter of the Organization of American States;" and "[T]his invasion is violative of the 1973 War Powers Act." Any or all of these allegations may be proven true, but casting the allegations in the form of a collective resolution does not prove any of them as such. Anyone can make accusations. If there is one thing we are constantly told in this law school, it is, "Make the argument." The SBA Board's resolution does not make any arguments at all. Instead it only makes conelusory statements that contribute little to the debate that should rightly arise over the invasion issue. In addition, we take exception to the statement in the resolution that the members of the SBA Board speak "as the elected representatives of the student body" on the invasion issue. While the Board may legitimately speak with respect to many intraschool and intra-university affairs, it does not speak with such legitimacy with respect to the political beliefs of the students. Nothing in the SBA Constitution confers on the Board the power to represent the students of U/B Law to the world at large. No one at this institution voted for SBA officials so that their official positions could become a forum for their own political beliefs. Finally, we wonder if entreating The President Himself is likely to attract more than an impersonal and irrelevant form letter from (at best) the Deputy Press Secretary. More likely theresolution was directed at the low entities on the resolution's mailing list, i.e., the local media. All things considered, we found last week's Teach-in on the subject to be a more newsworthy event than the ministerial passing of a resolution.by a majority of internationallaw novices. We must emphasize that we are not prepared to condemn or condone President Reagan's actions in Grenada. We are divided on the merits of the issue ourselves. Our point of contention is only with the SBA Board's taking upon itself the voice of the student body on this question. If SBA is to fulfill its functions, it should not be venturing into this questionable area of politicizing. ......... •"*»' ' 9, 1983 November si,i.-.vi)' f.<" continued on page 8 Opinion Columnist Takes Heat to the columns published under my name, I am somewhat confused by your comments. I do not know whether they are supposed to be funny or serious. If you are trying to be facetious, then, well, I guess everyone wants to be a comedien. If this is the case, I am sure that the editorial staff of The Opinion will be more than happy to accept for publication something that you have written. On the other hand, if you are being serious in objecting to my columns, then r believe that you are missing the point of them. There is nothing m'ystifyiivg about- my", articles—they are mere attempts respect When Mr. Viets' first article appeared in the October 12 issue of The Opinion, I regarded it as one of life's mysteries. I devoted no more time to resolving the mystery, however, since in reading the article I had already allotted more time to the mystery than it deserved. Now, however, after seeing that The Opinion is demystifying Mr. Viets by accepting his work on a regular basis, I must object to the practice. My first objection is that I am simply uninterested in his willingness to regale us with stories of his sybaritic pursuit of the perfect California tan. Of course, my have been more response may to point out some of the more humorous aspects of one law student's life. My intent is to make people laugh. If you or anyone else has anything to say as to whether or not I am successful at this, I will be glad to listen. Many have already done this and for them I have nothing but thanks. In addition, I find your objections to be at best questionable. If you are not interested in what I write about, they why do you continue to read my articles? If my writings reflect poor journalistic quality, then, again, perhaps you should write something for The Opinion. Andy.H.: Viets approving had Mr. Viets re- counted in detail one of his tales of drug-induced moral degeneracy, but alas, he did not. My second objection is that articles of this nature reflect poorly on the journalistic quality of The Opinion. Among the several • campus newspapers at (and for) our disposal, I enjoy reading The Opinion because it generally avoids the gratuitous acts of self-indulgence that are routine in the other publications. Should one require an example, one need search no farther than The Spectrum's News or Editorial? To the Editor: On reading the lead article of the Oct. 12th The Opinion, "Legal Services Corp. Distributes Monies for Political Lobbies", I was unsure as to whether I was reading a news feature or an editorial. One can only assume it was an editorial. That being the case, it's a pity the student body wasn't able to demonstrate the same sentiments in the selection of the editorial staff of The Opinion as it was able to demonstrate in recent SBA elections. grievously eminent Mr. Mack and his aptly-named "Attack." Naturally, an author can be self-interested without being mercenary, but Mr. Viets has boldly crossed that line with no apparent desire to retreat. I Richard Moore suggest that The Opinion would receive fewer articles of this ilk if it published without Editors' Response by-lines. My remarks are not entirely Dear Mr. Moore: negative. The Pudge Meyer arThis is in response to ticle on professional wrestling letter which we received your Ocwas a refreshing and welcome tober 22. change from the standard fare The to which you of Islanders, Knicks, Jets and refer wasarticle not an editorial. With Mets. I eagerly await his next the exception of the staff article. Please, publish more editorial appears on articles on wrestling! Less page 2, ailwhich articles reflect the Viets! Less Mets! opinions of their authors only. We regret that we did not Daniel Joyce make this policy clearer to you, but we also regret that we must restate it every time a Editor's Response controversial article passes out desk. Although politically we may not agree with all articles pur contributors write, we are While I most certainly ap- obligated, to publish diverse preciate any feedback, either points of view. positive or negative, with Whenever possible, we try Dear Mr. Joyce: Opinion been estimated at $2000 dollars, a substantial increase over last year's total. Individual dinners are to cost ten dollars, however, only spouses of Moot Court Board members are required to pay for their meals. All others eat free, so to speak. The S.B.A. made a faint-hearted effort to limit the subsidy to $7.50 per person for certain categories of dinner guests, such as spouses of judges. Otherwise, the full ten dollar subsidy has been maintained. The result of the S.B.A. allocation is that student activity fees will now go towards buyng dinners for the Moot Court Board, judges and their spouses, clerks, faculty and competitors. The arguments voiced in favor of this innovation were to the effect that free dinners have been "traditional," "judges won't want to participate in future years if they have to pay," "the competition costs too much as it is," and this from a second year director — "I've worked so hard (for the competition)." Our Readers Write To The Opinion Editorial 2 the dinner in years past. This year's total dinner tab has cost of To the Editor: to confine articles such as the one in question to our inside pages. It was with great concern that we placed the Legal Services commentary on our front page. Unfortunately, The Opinion can only publish that which has been submitted, and that issue was extremely short on more conventional copy. Our upcoming issue will contain a thoughtful and timely response to the Legal Services piece [see The Opinion, Oct. 26,1983, article by C. Piro]. We welcome substantial and insightful responses to the articles that we publish; we do not appreciate 77-word attacks on our editorial legitimacy which neither fill space in the paper nor address the issues that the questioned article raised. For your information. The editorial staff is elected each April by a majority vote of the general staff, which consists of the existing Opinion's editorial staff and such other law students as have contributed their services and at least articles/ three photos/graphics to the newspaper throughout the preceding year. All law students are eligible to become staff members of The Opinion. Mary Ellen Berger Editor-in-Chief Ray Stilwell Managing Editor �Political Commentary As Judge, Clark Favored Private Land Rights by David H. Ealy Justice Cardozo once observed that the extent to which property rights must yield to the public interest involves a weighing of the private loss against the public benefit. Courts are regularly re- quired to perform a balancing function in this context. Although our country's next Secretary of the Interior may not have extensive administrative experience, as a California Supreme Court Justice from 1973 to 1981 he dealt continually with environmental issues. A look at the opinions he wrote during this period reveals a superior regard for private rights. William P. Clark was appointed to the California Supreme Court on March 23, 1973 by then —Governor Ronald Reagan. Before this he was Governor Reagan's Cabinet Secretary and Chief of State. Mr. Clark has a close relationship with the President and will have ready access to the Oval Office. In his new post as Secretary of the Interior, Mr. Clark has the potential for being much more effec- tive than his predecessor James Watt in pushing through he wrote touching on environmental matters while a his decisions. judge on the California There has been wide Supreme Court/Most of these speculation as to why Mr. were dissenting opinions. In the well-known 1980 Clark chose to abandon his role as National Security AdMetromedia case, the Califorvisor. It may have been nia Supreme Court upheld a because of pressure from the San Diego zoning regulation "pragmatic" faction in the which prohibited the use of off White House, but his decision site billboards. The majority may have been influenced by a endorsed the aesthetic goals of desire to broaden his scope of the regulation and found the influence—for now he is a regulation to be a proper exermember of President Reagan's cise of the city's police power. Cabinet. Whatever the reason, Justice Clark wrote a lone if former Justice Clark is con- dissenting opinion. its In opinion the firmed by the Republicandominated Senate, he will influence the use and disposition of the vast Federal land holdings. The environmental impact of this influence is unquestionable. Justice may be blind in theory, but in practice justice must be guided by recourse to some inner reference. It is difby Wendy Cohen ficult for a judge to navigate his way through legal issues In the wake of criticism over without some reference to his the campus bookstore's orderown "moral compass." As a ing procedures, the Law School judge, William P. Clark's compass pointed a little to the faculty will be discussing alterright. His conservative orienta- natives to ordering texts from tion is evident in the opinions the campus bookstore at a meeting on Friday, November 11th. Criticism of the bookstore was initiated by students who found that the store ran out of new books for some courses at Tim, and witnesses will be the beginnning of the fall played by Law students; semester, although sufficient however, the jury has been new books were ordered by two faculty members. Two exselected from undergraduate pre-Law classes amples are Professor Majorie taught by Professors Tarbet Girth's Debtor-Creditor and and Brady. Sex-Based Discrimination The idea for the trial courses. In September, Professor originated with Cina Peca and a small group of Section One Girth wrote to University Vice students currently in charge of President Edward Doty to the overall organization of the bring to his attention that the project. Professor Ewing is bookstore had run about a dozen books short for Debtorgreatly encouraged by the enthusiasm and participation of Creditor, and had urged his first-year class, and may students to buy used books. An make the mock trial an option even larger percentage of for future classes to pursue. students were left without U/B Bookstore's Procedures For Purchasing Textbooks Lead to Faculty Criticism First Year Students Try Mock Rape Case by Lisa Roy Professor Charles Ewing's first-year Criminal Law Class will hold a mock trial on November 11 at 7:00 p.m: in room 109 Knox HallrThe trial is expected to last three hours, and all are invited to attend. thirty Approximately students from Prof. Ewing's class are divided between the prosecution and defense of Mr. Rusk, a Maryland resident accused ofraping a 21-year-old woman. The roles of defendant, vie- Military Adverturism, Devices Plague Boris, Bif & Cribbs It was with goodreason that the Reagan invasion of Grenada was the center of attention last week, but'a similar event earlier this Fall went virtually unnoticed by the wire services and got less than a paragraphy in most of the local media. It seems that, under the cloak of a joint inter disciplinary departmental cooperation agreement, U B President Sample ordered an invasion of the Law School by a joint force of undergraduate students and faculty. The objectives and purpose of this invasion were concisely stated by Sample at a press conference to announce the invasion in early September: "Our intentions are honorable. After the forced and bloody departure of moderate Dean Headrick, a brutal group of leftist thugs, led by Schlegel, took over the administration of this small but vitally strategic school." No one knows how long the students will stay, but reinforcements are expected to take over the Law library come exam time. One of the particular reasons for using the library, as a .base of Qpecations total prohibition of protected expression." He did not think alternative means of expression were available and accused the majority, of pushing the police power "so far from center balance as to abolish the private loss. Justice Clark protected speech." Mr. Clark's weighed the factors differently regard for aesthetically pleasand solely opposed six other ing land use is left to conjecJustices in deciding that the ture. aesthetic objectives involved Whereas Justice Clark's did not warrant the prohibition position in the Metromedia of the commercial speech concase can perhaps be considered pro-development, his tained on billboards. In his dissenting opinion, position in a 1973 case interClark declared that "ob- preting a Coastal Zone Consertrusiveness does not justify continued on page 5 Metromedia majority balanced the aesthetic goals of the zoning regulation (along with a minor traffic safety element) against the Respondent's First Amendment rights, and found the public benefit to outweigh is believed to be the difficulty my associates would have getting a truck with the appropriate compliment of explosives up the steps to the se- for Professor Girth's Sex- bookstore had available in its Based Discrimination seminar: records, the bookstore though she requested eighteen disregarded the instructor's renew books, only five were acquest and ordered on the basis tually ordered. Commenting of its own information. on the difficlty with relying on In an effort to ensure that used books in courses which relations between the Law are oriented towards solving School and the bookstore are problems in the texts. Prof. smoother in the spring Girth said "I don't think that semester. Campus Bookstore the bookstore should decide Manager John Feuerborn for reasons of its own that new states that one specific copies won't be available for erhployee has been designated to deal with all aspects of students who want them." Another problem with the book ordering for the Law book ordering process which School. This employee will be Prof. Girth pointed out was the responsible for personally consubstitution of a cloth bound tacting all faculty members in book for a less expensive regard to their orders. Explainpaperback book she had ing the bookstore's proposal to ordered for her seminar, improve service in a letter to perhaps because cloth bound Associate Dean John Schlegel, books are more profitable for Mr. Feuerborn also requested the bookstore to sell. The that faculty members include bookstore stated that it did not the notation "new" on text reknow the book in question was quisition forms, to avoid any available in paperback. Pro- possible conflicts. Commenting on the professor Girth remarked that apparently, if an instructor's blems at the start of the order was based on more re- semester, Mr. Feuerborn said cent information than the continued on page 4 texts SBA Town Meeting Seek To Encourage Student Participation (cold weather, aluminum bats and hard throws were the cumulative cause) but the problem, which has been aptly named "shattered crystal" syncond floor (not to mention the drome, should go away by next difficulty of negotiating the season. For those of you who are curious, try holding a turn from the satellite cafe, around the elevators and baseball-sized chunk of ice unthrough the library window til you can't feel your hand and while maintaining a high rate then give your best friend an inspired and vigorous highof speed). I would be terribly remiss in five— talkabout pain, this one my responsibilities as a yellow is a real high for masochists. Chevy MVP awards clearly journalist if I failed to mention last Saturday's softball go the entire Device team: playoffs. What a display of Sara and Sue for showing up, unabashed irresponsibility and no matter how comfortable team spirit that was! To think the bed is on a cold Saturday that so many could play so far morning at 9:00; Barney for dyover their heads on so ing when we needed it most; miserable a day for so long Bif and Cordy for being Bif and Gordy—no question; Watty for against so many for so little—it was so inspiring. So was the "heat-of-the-moment" the weather. Saturday, Oct. high-five; Stewy, John, John 29th, was about as poor a day and Nissan for really playing as we've had this year, but still softball; Warren and Eggy for the hitting and fielding on the their errorless drinking efforts part of the Cylindrical Devices after the game; Boris for sur(hometown favorites who lost prising everyone, including the the close final game to some other team; and, finally, the other team whose name slips scheduling committee for getting us into the playoffs on the my mind right now) was nighof our unupon flawless. A bad case of strength string of forfeit the plagued has precendented nerve damage glove hands of the entire team victories. Do Svidanya. . by Craig Atlas held on Monday, November 7. This time the subject was the Academic Program Policy and Committee (APPC), which deals with exam policy, was The SBA recently completed a process of selecting interested students to serve on Law School committees. Now that these committees are grading policy, curriculum, actually functioning, you may and other academic matters be interested in what they are which affect us all (such as, doing and how they affect you. what is the "Buffalo Model"?). The final "Town Meeting" For this reason, the SBA is holding a series of "Town for this semester is scheduled Meetings" of the student body. for Monday, November 14, at Each of these informal 1:00 p.m. in the student lounge meetings will focus on one of on the first floor of O'Brian the Law School committees. Hall. The topic will be All interested persons are admissions polciy. This is an invited to attend in order to opportunity to become find out what the committees informed about what input are doing and to contribute students have into admissions suggestions as to what decisions, as well as to suggest priorities the student members to our representatives on the of the committees should be Admissions Committee what they should take into account focusing on. The first of these "Town in selecting new U/B Law Meetings" was held on students. These "Town Meetings" are Monday, October 17. Those people who showed up got a meant to be informal ways to chance to tell the students stay informed and to voice members of the Appointments your opinions to our Committee what qualities they Committee representatives. should be looking for in Feel free to bring a lunch! Coffee and other beverages screening new professors. The next "Town Meeting" will be provided. ~, Novr«ilier *\ \WI m-w> 3 �M Oil locaho-n »\ Oft — Financial Aid "La-v «'s- Capen by Steve \ " '///////////////s////////////W/////MW/////ft^^^ ■ Office Open Wickmark Dear fellow students: Now is the time when the last thing you want to hear about is financial aid. Either your bill is paid and you are off the hook for this semester or your loan application is hopelessly lost in the bureaucracy so you have given up. Regardless of the source of your apathy, it is a safe bet that you all suffer from it. Nevertheless I am obligated to bring you up to date on a few ]n ri&te Update financial aid facts. 1) Work Study-Pay checks for work study students will be distributed from the Financial Aid Office in 232 Capen Hall beginning November 4th. 2) Satellite Branch —For those of you who have not yet discovered it, the Financial Aid Office and the Office of Student Accounts have opened branches in room 232 Capen. Most of the problems which heretofore necessitated a trip to Main Street can now be taken care of in Capen. 3) Sallie Mac —Sallie Mac still lives. I have requested fliers and information from Sallie Mac re: loan consilidation. Congress is currently con- sidering legislation which would revise Sallie Mac's charter. I'll keep you informed as to further developments. 4) Late Fee Waivers Anyone who missed the October 25th payment date for the first semester's bill should expect a twenty dollar late fee unless you have seen me and were able to get it waived. Bills not paid before the next due date will have an additional twenty dollars tacked on. 5) Office Hours —Finding that I spend more time than I — had originally anticipated tracking down loan checks and TAP applications, I have had to reduce my office hours somewhat. Starting November 7th I will no longer hold open office hours after 3 p.m. on Tuesday or before 12 noon on Friday. If someone needs to see me during these times I will be willing to arrange appointments. 6) 1984-85 Financial Aid Applications—FAF and FAA forms for next year's NDSL and work study will be available soon. There will be a financial aid information table set up outside the law library where these forms can he picked up. Faculty Criticizes Bookstore's Procedures students are in the class, those continued from page i five students won't have "We were under the assumption that law students, like books," he noted. Prof. Girth commented that other students, would want to the basic policy is that the if It was buy used books. pointed out to us that law students bookstore cuts faculty orders, prefer new books, and in the "it remains to be seen" future we will have new books whether having a single person on the shelf." He added that he in charge of Law School text does not forsee any problems ordering will help. Dean in supplying law students with Schlegel adds that we can't new texts in the spring ascertain what caused the semester, unless a particular underordering last semester: course is overenrolled. "If 100 "The bookstore asserts that exbooks are ordered, and 105 cept in cases of error, they Commentary order what they are told to order; the faculty asserts to the contrary," he pointed out. Alternatives Dean Schlegel, at the request of the faculty, has been investigating ' alternatives to selling law school texts in the campus bookstore. He will present, the proposals of three local bookstores at Friday's scheduled faculty meeting. Commenting on the pros and cons of switching to an offcampus bookstore, he noted How to Open an Oyster Without A Knife on the Moneymatic Line by Andy H. Viets The other had a line behind it that extended back to Talbert the library the Bullpen. I got on the end of the Sitting in other day pretending that I was line and began to wait. Realizstudying, it suddenly came to ing that this could take awhile, mind that I had to pay my rent I pulled out my tax book. I for this month. Off I went to soon became engrossed in the the Marine Midland fascinating world of ill-gotten Moneymatic Machine in gains taxes. I finished the Capen Hall. Expecting the line assignment and looked up. The to be rather long, I brought line had moved about ten feet. with me a few books to read. I stood there for a few minutes When I got there, my worst just looking around and twidfears were realized. One of the dling my thumbs. I needed machines was closed down. something to do so I took the October 31, 1983 edition of Time magazine out of my Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs A Writing SamplesCopied Posters •• Flyers Brochures •• Tickets Bus. Cards •• Letterheads • Envelopes Amnsfst 834-7046 shoulder. "What do you think of this CM settlement?" he asked me. "I'm not sure," I responded, 3171 Main St Buffalo 835-0100 Opinion 4 representation of women and minorities at all levels of the company." While reading this a gentleman got on line behind me and began peering over my ALSO: 1676N.F. Blvd. backpack. Opening it, I randomly turned to page 92, on which there was a short article about General Motors agreeing "to spend $42.5 million dollars over five years to increase the somewhat surprised that he was talking to me. The only thing I've ever heard anyone on the Moneymatic line utter is a rather vicious growl about how long the line is and how Nov»n**rl,l«3 that it would be inconvenient for students to have to buy books off campus, and at least the campus bookstore is nearby. Student input on the bookstore issue is encouraged, and Dean Schlegel said that serious suggestions might carry some weight with the faculty. Ordering law books from an off-campus store has received mixed reactions from faculty and students. Prof. Girth said that if the law school could get better service, without too much inconvenience to students, then certainly ordering books from an off-campus store was a possibility to be explored. Law student David Marcus also commented favorably on the idea, stating that one reason for the bookstore's poor service was that it is a monopoly, since the nearest place to purchase law books outside of the campus country." store is Syracuse. Law student "I'm sorry," I said with a Debbie Golomb, however, blank face. "I didn't know." commented on the inconve"Don't you think that what's nience of ordering from an offgood for business is good for campus bookstore, especially the nation?" he asked, eyeing since students may need to me suspiciously. visit the bookstore throughout "Well," I responded, "I don't the semester. like to make blanket comAsked to comment on the ments like that about any inbookstore's service, students cited several problems. Third stitution." "What are you?" he year student Mike Groben said demanded, "one of those left"I think it's abysmal. I don't wing radical godless comthink it's unusual for a college munists from the law school?" bookstore to get books in late I stood there dumbfounded. or run short of books but what Then I got angry. Where I is unusual is the way they income from, them's fightin' evitably blame it on the prowords. I might be a godless fessors." Mike recalled that communist, but no one gets the Professor Halpern's away with calling me a left- Criminal Law class last year, wing radical. students had nothing to study "I beg your pardon," I said. for several weeks, and Prof. "While I am most certainly a Halpern had to copy the first student of the law, the re- few chapters of the casebook mainder of your description is and put them on reserve. Mike not quite accurate. I prefer to also remarked that it would be think of myself as an idealistic a lot more convenient to raze realist." the new bookstore building "Well, suit yourself," he and move the bookstore back said, "but I still think it's a fact to Baldy Hall, where it would that whatever is good for get more customers. General Motors is good for the Third year student Dave country." Marcus also suggested that the continued on page 11 bookstore try to expedite late long they had been waiting. "Well," he said, "I'll tell you what I think. I believe that whatever is good for General Motors is good for the faculty orders so that students could buy books at the beginning of classes, and that the bookstore put a sufficient number of new books out on the shelves for new courses, rather than used books which are heavily marked or the wrong edition. Another improvement in service, he noted, would be to have more help in the aisles from salespeople at the start of the semester. One further suggestion, offered by Debbie Golomb, would be to have some type of organized student and faculty input into what books the store stocks in its literature section. A key to receiving better service from the bookstore in the future is monitoring its actions. Prof. Girth suggested. "As long as there is only one bookstore on campus, it will have to be monitored closely. If it is, it is less likely to be a problem in future." Satellite Sales In a related topic, Dean Schlegel also explained why Law School duplicated materials are now being sold in the Admissions and Records Office rather than the bookstore. He explained that the State of New York was being sued for copyright infringement stemming from the use of duplicated materials in the Computer Science Department, and while the Law School's position is that its use of duplicated materials falls within the Fair Use Doctrine, this position had been disputed. The University had taken the position that the bookstore sell duplicated materials only with the permission of the author, publisher, and all other relevant parties, or an affidavit from the author attesting that permission from all necessary persons has been obtained. Dean Schlegel was unable to state whether selling the duplicated materials through A&R results in savings for students. . �As Judge, Clark' Favored Private Land Rights Political Commentary- continued from page i vation Act is conclusively prodevelopment. Writing for the majority in a 4-3 decision, Justice Clark interpreted a provision of that Act so as to allow builders who had obtained building permits after the effective date of the Act to circumvent its environmental ob- poration. Mr. Clark's position on the issue in that case illustrates his deference to the needs of enterprises. No Oil involved the judicial Justice Mosk wrote a strong dissent arguing that the legislature would not have exempted construction com- menced before a deadline from environmental constraints, when it specifically re- »<*• . •.. , .' nable from his stance in State of California v. Fogerty. There the balancing equation was reduced to its simplest terms: the issue was whether the State government could be estopped from protecting the state's shorezones from being over- Environmental Quality Act (CEQA) of 1970. CEQA manutilized. dated submission of an enThe majority position rested vironmental impact report on the rule that estoppel will (EIR) for all projects having a not be applied to the government if the result is to nullify a "significant effect on the environment." The court directed strong rule of policy adopted the Superior Court to set aside for the public benefit. Justice city ordinances allowing the Clark in his dissent recognized oil company to drill two test this rule of law but also wells on the beach at Pacific recognized that government Palisades because the city failmay be estopped when the ined to render a written deter- justice to be prevented mination outlining why an EIR was not required. The majority held that an agency should prepare an EIR The enclosed resolution was whenever it perceives "some passed by the elected substantial evidence that a representatives of the student a project may have significant University of at the State body effect environmentally." New at Buffalo, Faculty York Justice Clark in his dissent argued that the test wells were of Law and Jurisprudence on November 3,1983. It was passdrilled for the purpose of ed by a vote of 15-0-2 on "resource evaluation" (despite the ramifications of a positive November 2 in the two hundred and seventh year of the test) and thus were categoricalindependence of the United from the act ly exempt States. because the project would not Whereas, President Ronald result in a "serious or major Reagan has ordered the invadisturbance to an environmen- sion of the soveereign nation tal resource." of Grenada with members of Despite intense and continuthe United States Armed with the ing public concern Forces; and possibility of environmental Whereas, this invasion disaster and the impact of oil violates the fundamental prindrilling in the vicinity of public ciples of the co-existance of beaches and residential states, their independence in neighborhoods, the dissent the world,community and the,ir concluded that the test holes freedom frorp- intervention by would have no significant ef- outside forces in internal fect on the environment. The political matters; and majority considered public Whereas, this invasion furconcern to be an important ther violates both the United factor in determining whether Nations Charter and Charter of an EIR should be prepared, yet of American Organization the this Justice Clark disregarded States to which this country factor in his analysis. Perhaps the clearest example of Mr. Clark's position on environmental issues is discer- i outweighs the resulting effect on public benefit. The outcome of the analysis turns on the pure balancing of public and private interests. In refusing to apply the doctrine of estoppel, the majority emphasized the fragility and complexity of the biologically useful shorezone resource Justice Clark in his dissent focussed on the extent of the shorezone throughout the State and the productive benefits afforded by this land when private use is unrestrained. In this case the future Interior Secretary preferred unlimited private use of a complex wildlife habitat over the preservation of that resource to any degree. The consensus inside the White House, according to press accounts, is that Mr. Clark is a much more eventempered administrator than was his predecessor. But those who disliked Mr. Watt's prodevelopment stance may find an even more capable adversary in Mr. Clark. He will have the President's ear for his stronger propossibly development outlook. He will not be in the news as much as James Watt, but he will now be implementing his pro-business policies unhampered by judicial constraints. Grenada Resolution Passes ''.', ..■.'... in a dissenting opinion in 1974, Justice Clark revealed his conservative bent. Again there was a choice between public land use benefit and private enterprise; Justice Clark sided with private enterprise. The 1974 No Oil case dealt explicitly with the rights of big business in the form of the Occidental Petroleum CorAgain, large commercial interpretation of the California jectives. quired substantial construction before this date in another provision of the Act. The minority also pointed out that the majority interpretation allowed a builder who hurriedly performed "substantial work" on a project inconsistent with the assurances of coastal development consistent with environmental objectives" to "beat" the deadline with the legal stamp of good faith. As a result of the decision in this case, seventeen building projects totalling 2,700 units were granted immunity from the Conservation Act. Ten of the builders received their building permits within two weeks of the deadline. One builder of a 100-unit condominium obtained his building permit one day before the deadline and poured part of the foundation that same day, thereby qualifying for complete exemption from the Lj SA Speakers Bureau Presents Is America Being Poisoned? Lew Regenstein (Author of America the Poisoned) vs. Rita Lavelle (Ex-EPA Superfund Director and the woman that held Congress in contempt) — Wed. Nov. 9 Slee Hall Bpm Tickets at Capen and Harriman Ticket Office Students $1 in advance $2 at the door General $3 in advance $5 at the door has promised to abide, as well as violating the treaty of the Organization of Eastern Caribbean States upon which the United States based this invasion; and Whereas, Ronald Reagan has exceeded his authority as President of the United States by sending the Armed Forces to invade a country which does not threaten the sovereignty of the United States and to which the United State has no rights or interests; and Whereas, this invasion is violative of the 1973 War Powers Resolution as there is no declaration of war, statutory authorization for such intervention or national emergency created by attack upon the United States, its territories or possessions, or its armed forces; and Whereas, the Student Bar Association of the Faculty of Law and Jurisprudence at the State University of New York at Buffalo, speaking as the elected representatives of the student body, finds this invamorally reprehensible as United States policy; Whereas, we consider the reasons stated for this invasion by Ronald Reagan to be mere sham and totally without any legal or moral foundation and detrimental to the high standards we have set for ourselves as leaders in the world comsion to be munity; Be it hereby resolved, that we find Ronald Reagan's actions put the United States in violation of international and domestic law and in violation of this sworn oath of office to protect and defend the laws of this great nation; and be it further Resolved, that we condemn the invasion of Grenada as being without any legal justification; and be it further Resolved, that we request, as the voting members of this democracy, the immediate withdrawl of all members of the- United States Armed Forces from Grenada. bwabn In preparation for the Nov. 18 MPRE examination will be offered twice: Sunday, Nov. 13, 12:00-6:00p.m., Room 107 Wednesday, Nov. 16, 5:00-11:00 p.m., Room 107 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited toward their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour testing • MPRE book and outline materials Preregistration at table until Nov. 11. W^vwW.A.WS ,«»W5»" 5 �24 Hours of Nightmare: Takehome Exams by Scott Irgang choice. Shower, shave (maybe), and grab my trusty briefcase. As exam time approaches I 7:45 Get to classroom. Prethought it would be a good tend I'm calm and cool. Chatidea to look at one of our law ting with fellow cut-throats, I school's most infamous institumean students. While pretending I'm tions, the 24-hour exam. Don't 7:55 let those professors fool you. not really interested I anxiousWhen they give you a 24-hour ly wait for the cute secretary exam it will take not 10, not 18, from the third floor to bring not 22 3/4, but TWENTY-FOUR down the damn exam. Where is HOURS. It is during such an exshe already? am that one can lose his pa7:59 Run down steps of tience, temper, self-respect, classroom. Must make it look and marbles. Here's a typical good. Perfect, fifth on line. No account: one wariTs to look too anxious. 7:00 a.m. Wake up. Not look8:30 a.m. Bring exam back to ing forward to what's coming my room. Sit down at desk, exbut I don't have much of a hale slowly, and read both ex- - - - - - New Waves am questions. Oh no, look what he's asking! How can a professor cover one whole semester's worth of work in two lousy questions? 9:00-12 Noon Organize my notes, briefs, and xeroxes. Start making comments on Question 1. Not bad, only 20 hours - to go. - 12:00-12:30 Grab some lunch dream about being anywhere but Buffalo. Organize 12:30-2:30 p.m. answer for Question 1. Hey, this is beginning to make sense. I must be doing something wrong. 2:30-5:30 Write up answer to and - - jazz It Up At "The Bulls" by |ud Weiksnar The air was smoky, the seating was cramped, and the service was slow, reminiscent of the old Tralf As usual, the breaks between sets seemed interminable Nobody cared, however, for1 we were downstairs at The Bulls, waiting to Ghallab. hear Chalib Although the faces in Ghalib's band have changed over the years, their beat goes on. This is some of the best hear anywhere. Herb "Shadee" Walker, jazz guitarist extraordinaire, is still on leave, touring Europe on his own. In coming up with a replacement for Shadee, Chalib has chosen the strategy of NFL teams in the college draft. Rather than try to fill the jazz you'll I-+OTO —.I position, Ghalib went for the best athlete —make that musi- dience participation number. Perhaps the foursome was cian—available, and chose a tired out, not so much from bright new saxophonist rather playing the music as from than a lesser guitarist. Ghalib shaking hands and bantering has had sax players before, but during the "break." Although never one like this. The sound the band would probably is almost good enough to make prefer to sneak backstage for a you forget Shadee. smoke between sets, their perChalib and the boys played sonality prevents them from their usual mix of instrument doing that. By staying out front tals and vocal selections, with and talking with their authe rhythm section of Jerry dience, the band builds up a Pickett and Eugene Noel pungoodwill that keeps the people ching out an infectious beat coming back. and having a lot of fun at the If you'd like to see Ghalib same time. They played Challab, he plays at The Bulls something new and something almost every weekend. To get old, including songs from their there, take the Thruway west first two albums. The music about 520 miles. Then take La was performed with the exSalle to Lincoln Avenue to Lincellence and the verve that aucoln Park West, and try to find diences have come to expect a parking spot. Check him out from Ghalib Ghallab. Missing next time you're in Chicago, from this set was the usual auand tell him Jud sent you. WORD PROCESSING - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer, technology provides custom-typed, professional quality cover letters and resumes at prices often' lower than traditional typing services. [ I I I I I — % W LIZ HOLTZMAN, Brooklyn D.A., <g * & will speak Monday, Nov. 14,3:30 p.m. Room 106, on *| "The War-Making Powers f/ie President: 4 Ho/Do $ Effective J! 4 > Constitutional Limits Exist?" «| & Reception to follow (4:30 p.m.) g ? Sponsored by: & 6 Association of Women Law Students ]| Mitchell Lecture Fund £ Opinion November 9, 1983 - ing. - Organize notes, 7:30-10:30 prepare cases, and wonder if Scan Connery is really a better James Bond than Roger Moore. 10:30-10:45 -.15 minute break to go to bathroom and eat cookies (Oreo's are mandatory for all 24-hour exams). 10:45-1:00 a.m. Finish writing - Question 2. Deeply exhale, 1:00-1:30 knowing that the toughest part is over. Time to get out the trusty typewriter and type this sucker up. Turn radio to proper station (late night interview out - shows are preferable). Avoid at all costs any station that plays mellow music (Michael Franks and Bobby Caldwell are definitely out). 1:30-4:00 Type, Type, Type, Type. Did you ever notice that D.j.'s play really strange music at this hour of the morning? 4:00-4:15 a.m. Oreo's and coffee time (in order to maximize - - , caffeine effects of coffee, eat it crunchy-raw right out of the can). ~ - 6:30-7:00 Reread completed typed answers. (People make the most embarrassing typo's during 24-hour exams). Make appropriate corrections and close eyes. 7:01-7:05 Catch up on all missed sleep. 7:06-7:07 Contemplate if this type of exam is inhumane. 7:08-7:15 Take quick wake-up - - - shower. - 7:15-7:16 shower. Fall asleep in - Begin slow walk to class. Remember to tie sneaker 7:30 laces. Take elevator up to 7:45 A&R. Try to catch 5 seconds of sleep as we go from first to third floor. 7:50 a.m. Elevator doors open and I wake up again. I look around and see many of my classmates looking like "the walking dead". (Even the - - women have five o'clock shadows). 7:55 Hand in my exam. - Pick and kiss A&R clerical worker. I hope he didn't mind. 8:00 Enjoy the five minutes I've earned before the 24-hour deadline passes. Gee, I wonder if I left an issue out on Quesup receipt, tion 2. 8:30 - Go back to room and look over next day's schedule. Oh, not bad. All I have tomorrow is a 48-hour exam. 48-HOURSH! 8:30 a.m.? - ZZZZZZZZZZZZ. I fall asleep and dream about becoming a doctor. THERE'S A LOT M BAR PREPARATIO LECTURES AND I .special strengths and weaknesses, in addition to a wide disparity in substantive areas, some students have less self-discipline than others, some have problems with writing essays or answering multiple choice questions, some have trouble remembering ail the testable detail, and some have special time and travel pressures that can impede full bar preparation. Call Proto-Type 883-3348 Ask For Randy ANNOUNCEMENT - fair). Each individual approaches the bar exam with Pick-Up & Delivery Available All Work Guaranteed I - 4:15-6:30 Finish typing. Hey, is that sunrise already? Boy, I feel great (well, maybe just and lectures and the most comprehensive and sophisticated testing program available, we think there is more to effective bar preparation. Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten tion 2, and thank God there is no Question 3. 5:30-6:30 Have some dinner. Dream of Swedish blondes, Ithaca, and a new Clint Eastwood movie. I wonder how everyone else is doing? Maybe I'm behind. Maybe I'm ahead. Maybe I'm delirious. Call up 6:30-7:00 p.m. girlfriend, parents, best friend, newspaper boy, and make random obscene phone calls (anything to procrastinate). 7:00 Read Question 2 again. Nope, it hasn't changed much since I read it this morn- White BRC offers you the finest law summaries Complete Editing Capability No need for retyping when editing drafts 16Typeityles &Symbols to Choose From Question 1, contemplate Ques- I I Some bar applicants will work full time during bar preparation while others will not work at all. Manno-josc 71 BROADWAY, 17th FLOOR NEW YORK, NY 10006 •- iHMIIIIBMi BEST OF B< �Programs Enhance Students' Legal Education by Robert gram would create Turkewitz Students at Buffalo Law can directly benefit from the following programs and competitions. In the area of tax, there is a program called the Voluntary Income Tax Assistance (VITA) program. Students are trained by the IRS to prepare tax returns and to recognize tax problems and resolve them. However, this program is not otherwise connected with the IRS. VITA participants assist lay persons in the community to prepare their income tax returns on a pro bono basis. Any taxpayer with an income of less than $35,000 is qualified under VITA to receive assistance. This program gives law students the opportunity to work in a quasi-attorney client relationship. VITA pro- favorable publicity for Buffalo Law, the students involved and the legal profession in general. Anyone interested in becoming a VITA coordinator and/or volunteer here at Buffalo Law School should contact me immediately. -Administrative Judges Law School Program is looking for schools to conduct actual administrative law hearings. The ideal place is our Moot Court- room. Observing actual administrative hearings is a great opportunity to learn about ad- ministrative law, which, in- cidentally, is gaining in importance to the legal practitioner. We need to confirm this pro- with our administration and with our University in order to utilize the Moot Courtroom. However, lend your support and keep this program in mind. If you are interested in vides practical experience to coordinating this program here those students interested in tax at Buffalo Law or for the 2nd law, and your participation Circuit (N.Y.), please contact woutd indicate a deep-seated me immediately. to potential interest The Disabled Students proemployers. Finally, this program is geared toward the gram legal issues of the disabled. This program sets out to expose awareness for the disabled, to encourage and help other law schools, universities, and society accommodate the disabled, and to explore the problems that disabled lawyers and lay persons encounter in their work and in everyday life. Students who are disabled, who are interested in working in this area of law, are encouraged to get involved. Please contact me for further information. The Concern for Dying program explores the legal aspects of death and dying. Members of this program are scholars in the field and will will be held between February 15 and April 15, 1984. The deadline for entering is November 30, 1983. This is a great opportunity for students to improve theiroral advocacy skills. Participants do not submit briefs in the regionals. This competition is not just open to Moot Courters; however the limit is 2 teams per school (4 students in all). If you're interested in entering, contact me immediately. Last semester third-year students Len Culino and John Curran took first place in the regionals and came in sixth place in the national finals. The Client Counseling Com- lectures here at Buffalo Law regarding such topics as "Living Wills", Euthanasia, and other associated topics. Anyone interested in the prospect of holding a lecture here at Buffalo Law should contact me for further information. There are a number of ABA give competitions open to ABA members. The National Ap- pellate Advocacy Competition Student Volunteers Needed by Robert Turkewitz On Saturday November 19th, 1983 the U/B Law Alumni will conduct its Eighth Annual Convocation at the Center for Tomorrow on the' Amherst Campus. This years topic will be "Financial Planning for Retirement." The cortvocatibn will be from 9:00 A.M. to 12:15 P.M. and will cover topics such as the ABC's of Retirement Plans, Investment of Retirement Plan Assets, Retirement Plans and Divorce Special Problems, and, Distributions from the Plan. Students are encouraged to attend and may be sponsored by Alumni. Volunteers are needed to help and may attend the luncheon - from 12:15 to I:3Q. Dean Jacob D. Hyman will be presented the Edwin F. Jaeckle Award at the luncheon. If anyone is interested in attending or volunteering please contact me for further information no. 265). There are many upcoming Alumni sponsored activities over the next year. I will try to keep you informed. (Box deals with an area often neglected by law schools —interviewing clients. This Competition gives petition students the opportunity to learn and improve attorney- interested, please contact me for further information. The programs and competitions listed above are only a few of the kind of activities we can have here at Buffalo Law. However, these programs and competitions are only open to law students who are ABA members. Eve/yone should join the ABA and get involved in activities such as those already mentioned. It only costs $8.00 a year to be a member! I'm confident you will agree that the benefits greatly outweigh the meager cost. Consider further what your membership can do. If you are a law school or a law school organization, you may be eligible for ABA matching funds of up to $750 per event and $1,500 per year, if 35 percent of your school's students are ABA members. What's to help us from taking advantage of outside funding? Everyone who has not become an ABA member. If we don't take ad- client interviewing skills. The subject-matter of this year's competition is "LandlordTenant Problems." The deadline for applying is November 30, 1983 and the vantage of these funds, law students at other taw schools competition- will be held between March 2 and 24, 1983. seeking to become better Only one team (2 students) lawyers certainly will. Right now we have 19 permay enter from each school. If interested, contact me im- cent members.! will post the percentage of members on the •, ,'■•■ mediately. ABA essay competitions are mailroom wall I want to see a great way to expand one's over 35 percent membership knowledge in an area of Jaw. by December 15th. If you are Students with winning essays not a member of the ABA and are awarded a substantial cash fail to join this week, be prize and may be asked to pre- assured that you have sent his or her essay before the everything to lose and nothing ABA, all expenses paid. A list is to gain. If you were a member now being compiled along check to make sure you paid with relevant information. your dues. Instead of comThere are competitions in the plaining about how little Bufareas of Environmental, Fami- falo Law has to offer, do ly, and Health Law. If you are something about it! •. - ■ /IORE TO EFFECTIVE DN THAN OUTLINES, PRACTICE EXAMS. 1 1 I I I I The cumulative effect of these variables makes each student truly unique. That is why BRC has gone well beyond the traditional approach to bar reviewing by developing a wide range of features, special programs and options that allow our students to tailor the course to their personal needs • • • • • Detailed Study Regimen Continuous Evaluation Marino Problem Integration Josephson Issue Graphs Examsmanship Clinics I Must be sincerely dedicated to improving the quality of life and; education at Buffalo Law School. Excellent benefits. Please submit statement and resume to SBA. REASONS NOT TO JOIN THE ABA I I fl^nm,,, II BOTH WORLDS ABA Alternate Representative I ephson/BRC ENROLL NOW ANI> SAVE POSITION AVAILABLE II 1. Practical legal problems really confuse me! 2. The Student Lawyer and the ABA Journal don't have sexy centerfolds! | 3. I want to be unemployed after law school! 4. 1 don't want to clutter my resume with desirable facts! 5. I don't want to meet people who can further my career! Don't make the JOKE on You. JOIN THE ABA TODAY! • Applications available in the mailroom November 9, 1983 Opinion 7 �— THE JESSUP IS HERE! New Funding The problem for the 1984 Jessup Of Desmond Denounced Moot Court Competition is Letter available to interested 2nd and 3rd year students in the International Law Society Office. Potential competitors or any other interested students can get involved by stopping by Room 113 during office hours or by contacting Jeff Johnson or Chrys Vergos. The problem can be picked up from November 11 through 15. continued from page 2 The same rationale of hard work was used to justify the reason for Board members being provided with a free dinner. None of these arguments warrant the allocation of stu- dent fees for this purpose. It may be traditional to end the competition with an expensefree dinner for participants and organizers, but that tradition has been financed by the Alumni Association. Additionally, if the judges find the competition an unrewarding, or of such dubious value, that they are only enticed by the dinner provided for themselves and their spouses or guests, then I suggest that the program needs some re-evaluation. As a corollary to that argument, I would also suggest that if there is a danger that judges may be deterred from future participation if not provided with dinner, then I've no doubt that the administration, or some other body, would step in with the necessary dollars to preserve the perquisite and the program. Furthermore, the expense of the competition is one that is assumed by the individual par- ticipants. Granted, it is too costly, but such expense is wholly unrelated to the dinner issue and should be dealtb with in another forum. Moreover, I don't know of a single organization whose active membership doesn't "work hard" for little, or no, remuneration. And I vehemently object to the inference that the Moot Court Board works harder than - ~ I •.----'- ~ •• I -^^i "^^- 1 ** - ——— —if *^ *v/^H mmhi jftcv members of other organizations and, thus, deserved com- pensation in the form of dinner. No other organization has I \ 9&^^^^^^ 9 ag.ram ;hcen r/ee('partners/or daneefw "/'S<' —'^ C • the privilege of taking itself out to dinner on student funds for work that it quite voluntarily undertook, regardless of the degree of effort. When similar misuse of allocated student funds has occurred in the past, it has generated considerable inquiry into the financial arrangements of the student group. Finanlly, the S.B.A. Board, in their willingness to feed people, didn't even see fit to recommend that the Moot Court Board first approach the administration with their present financial difficulty. When the question of the administra- tion's assistance was raised, it was answered with "Schlegei has frozen our budget." Perhaps Schlegei has shown more fiscal responsibility than anyone else involved. As a cheap parting shot, it geven&Seven has been said that this year's competition has seen the destruction of an estimated one thousand dollars worth of library materials. It galls me NY. . N V AMCRICAN WHISKEY-A BUND 80 PROOf ©1983 SEAGRAM DISTILLERS CO. are trademafcol theSevenUp Company ■SevnvUp1' and 1 &fffly 8 dmrtsUfclfl3 '^ I S»^f| flTflHI 'WWJJ *»*•*» -^ W that students who have been disadvantaged and dishonored by this vandalism should now be called upon to reward such "lawyerly" behavior. Kathy O'Hara 3rd Year S.B.A. Director �/iHUST OisAfßZe foiO. HC i$ ifiZASOiJ UecAuse /"/ (Jith wmTT"**??^^ uto**,* th£ r«e o^ THIS OASS. I r»e C^ ««nj • IIJ/^^ Pe^^ l*u> school, jvc) i*« srxreMevr, S tiA*T£ST uHTW^s. O*S*SReg &/» 4-^Cc cii\9// ~Tr^ x° \<?C v +ov<^ /6e c'»S">e*£* ""-J \ A M%y^s^C y/ i *^j) host *°\\> frtxr th,7n most o/54wer on res, /%( HE IS VRO*Jf is iaa th£ sH/msy c A ,' p c^ U il Save money and receive continuous support from Josephson CESIBRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. 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BRC "BUDDY BUCKS" Our "tell a friend" campaign entitles you to $20 for each Inend who enrolls xsssssssssr 0 BIG DISCOUNTS ON CES MATERIALS First and second year enrollees will be entitled to at least a 10% discount on all CES legal study aids, including the Sum 4 Substance of Law books and lecture cassette tapes, written and delivered by some of the nation's most outstanding law professors (many author the major , required law school texts). 0 EXAM WRITING LECTURE CASSETTE First year enrollees receive valuable "How to Write Law School Exams" lecture by Professor Michael Josephson (Standard C-90 audiocassette) I l y \\l/-/ "^JißK*'^ — «■ fun CES/BRC \ With you everystep of the w^ lW%W%f> T->l Marmo-josepnson/Biic mr, Mr-in. 71 Broadway. 17th R.. New York, NY. 10006 (212) 344-6180 • (212) 344-6181 November 4, 1983 O'pfron 9 �International Conference On The Paranormal continued from page to investigate I the paranormal. The impetus for what Kurtz calls a "folk religion" in the paranormal is an evolution of beliefs in witchcraft, sorcery, occult or other similar "explanations" for events that were beyond scientific rationale and verification in the Middle Ages. Tfiis belief in the paranormal has also thrived as a result of the wave of scientific advancements in the twentieth century which lend credence to explanations for theories formerly denounced as impossible or unbelievable. Kurtz points out: "Present-day science for many seems to demonstrate that virtually anything is possible, that what was thought to be impractical or unreal is later discovered to be so." How is one to deal with the paranormal? Kurtz and others indicate that the media seems to dramatize it and fails to apply the same critical analyses it gives to "serious" subjects. As a result, the generations of today are led to unreservedly accept much fiction as truth. This is compounded by the influx of paranormal in television and films. In the end, Kurtz warns, people may abandon use of their critical judgment and intelligence. Science, Kurtz says, should use skepticism in dealing with the paranormal. It should cautiously debunk nonsensical paranormal beliefs on the basis of a careful examination of facts. Science should be neutral and keep an open mind unsuspected about possibilities yet to be discovered, "for the history of science is full of radical depar- "The boundaries of human knowledge are constantly expanding and being refined," states Kurtz, "and what was unknowable yesterday may become scientifically explicable the next day." He cites new scientific discoveries such as black holes, the DNA code, and subatomic particles: concepts that would have been denounced twenty years ago as being products of the fantasy and imagination. As tures from established prin- M . ciples." Kurtz cautions, "A protoscience may thus be emerging that deserves careful appraisal by the scientific and intellecskeptual community ticism is essential to the very life-blood of scientific inIf all the facts are quiry not in, then we should suspend judgment." The CSICOP conference provoked much thought for this author. I have always wanted to believe in the paranormal, .. ... UFO's, psychokinesis and other types of phenomena that appear to occur but still evade statistical, scientific verification. Yet there also is the skeptic side that discounts all of this. Thus, it becomes an act of acrobatics: where is there a balance between the two? What do we do until all the facts are in and we can pass judgment? Special thought is evoked in the application of paranormal of the legal world. What do you do if you are confronted with a (situation similar to the one Stephen King presents in his new movie "The Dead Zone"? "The Dead Zone" is a story that involves a man, John Smith, who has power to see future events and alter them by giving warning before the events take place. His power is seen and verified by many. One of his experiences involves a crafty politician in a quest for power who will become President of the U.S. and irrationally start a nuclear holocaust. Smith attempts to assassinate the politician to save the world from certain doom, but during the assassination attempt the politician shields himself with a child and escapes unscathed. Just before Smith dies, however, he forsees that the politician will commit suicide because of the shame and bad publicity brought upon himself by his conduct in the assassination attempt. The problem that is raised by this movie is in proving the mens rea if Smith succeeded in the assassination and were charged with murder. Here is a man whose proven power saved people's lives and helped police solve a string of murders. How is the court\to handle this? Does it accept evidence of his power? If Smith pleads that he committed the homocide knowingly and purposefully, is he to be charged with murder, or is the homocide an act of justification and self-defense, in light of the circumstances, that should be dismissed? How is one to prove what Smith has foreseen, let alone prove that it is what is to take . place? Fortunately, Stephen King saves us from this dilemma and has Smith die. But as legal scholars who may be faced with such a situation in the future, how are we to deal with the paranormal? How' do we distinguish between the pranksters and those whoreally believe in what they profess? Do we apply subjective or objective criteria? How effective is the "reasonable man" standard when confronted with the, as yet, "unreasonable"? Although I have no answers to these questions, the CSICOP is certainly welcome to take up discussion of such a provocative topic. It may prove very interesting. I TAKE THE WORK OUT OF JOBHUNTNG! 111 II 11l II II 1111 See University Press, the specialists for: ..resumes.. ..resume kits.. -personal stationery.. ..business cards.. -cover letterscomputerized listing of employers across the 11 Our resume sample books are available in all campus placement offices. II II II 111 II 10 Hours: - - 1 Convenient on-campus location. I Look us up for all your printing needs! I - Monday Friday 9:30 4:15 Wednesday 9:30 7:15 OfMi.vn I - *t>*«iinb«tf »'l*m« \ ' ■ University Press 56 Harriman Library Main Street Campus 831-2588 |||| �/THE StftflS . /S?\ /^•«)Y) _ ■ f*-l rff-.W /7T% #0} /p*D I fr(..))) fy\ fM Moneymatic Life . ~ continued from page 4 "Good for you," I said. "Now, can magazine?" I please read my "Sure," he said. "Do whatever you want." I flipped back a few pages to the "World" section to a story about the nuclear freeze "It sort of slipped my mind." "I think that you had better see a lawyer," I said. "But you're a lawyer!" "No, I am not," I corrected him. "I am a student of the law. There is a difference." I think. movement in Europe,. "What do you thiiik about nuclear war?" my new found friend asked. "I'm definitely against it," I answered. "You godless communists are all alike," he said disgustedly. "Thank Cod for that," I com- mented. The line had been moving slowly. The Moneymatic machine was now actually in site. "You're a law student, right?" my companion asked. "That's correct," I said. "Well maybe you could give me some advice then." "I'm sure that I could." "You have an answer for everything, don't you," he ask- ed. "I am a student of the law," I responded. "I am supposed to have an answer for everything." "Well, anyway," he continued, "I'm having some tax problems. It seems that I forgot to report my stock dividends for last year." "You forgot?!?" I looked up. It was my turn the Moneymatic machine. I was there, finally. What a feelat ing. I punched in my secret number and made a quick balance inquiry. I almost cried. Even if I transferred all of the money in my savings account into my checking account and put the ten dollars in my wallet in along with it, I would still be five dollars short of being able to pay my rent. Thinking quickly, I turned around and glared at my tormentor of the past half hour. "You know that advice.. I gave you?" I asked. He nodded. "Well, it will cost you five bucks." "Five bucks!!!" he shouted. "Just pay tip or I'll sue you," I shot back. He handed over the five dollars. I made the transaction and took off, but not before shouting back a quote from Holyday's Barten Technogamia: '"A man may as well open an oyster without a knife, as a lawyer's mouth without a fee.'" 11 copre^ *»Hiwf/ M'*ff . fT\ ( (( „,)•) / BEu£\/e Tttfrr) £^1) PASS WITH PIEPER The Pieper seminar is in jj and summarizes the law you need ■ now--the "hot" bar review court* New York. Pieper organizes to pass the Exam without bulky, hard-to-read books. 9 John Pieper will guide yoo- through that difficult period, leaving nothing to chance Does his personal approach work? Don't take our word - a Bm 3 ask our alumni. Pieper New York-Multistate Bar Review, Ltd. j 90 Willis Avenue Mineola. New York 11501 (516) 747-4311 1 1 ] Happy Thanksgiving LIMITED ENROLLMENT j To All From EARLY REGISTRATION DISCOUNT UNTIL DECEMBER 1,1983 J The Opinion Staff! Novemb«r 9, 1983 r Opinion 11 �Jocks Display Gridiron Feats Law School's by Chris Fink Who said Law students couldn't be super jocks? Well, behind the unlikely combination of Frank Cecere's arm, yours truly's legs, and Tim Alston's fists, the Buffalo Law School has fielded an in tramural football team which is undefeated in regular season for the last two years! The team consists solely of second and third-year Law students and has just completed the regular season with seven wins and no losses. Our D|smond Moot I Court Competition ■■;■■■ Oral Argument Schedule - ■' ■ •'■■ ■ Wed., Nov 9, 7 & 9 p.m. Preliminaries Thurs., Nov 10, 7 & 9 p.m. Quarterfinals Fri., Nov. 11, 7 & 9 p.m. Semifinals Sat., Nov. 12, 2 p.m. Final Round Moot Court Room the playoffs put. Mike's defensive skills ranked Number One in the have left forearm prints on league because we've scored a every lineman in the league. Because the league consists total of 175 points while allowmostly of undergraduates, ing only 12. Co-captain Steve "Sticky Aunt Mary's Kitchen has picked up the nickname of The Fingers" Baxley, who is responOld, for team Aunt Fat Men, and Ed "Grandnaming the sible Mary's Kitchen, feels the pa" Murphy hasn't hurt that team's success has been a image one bit. Keith Martin result of the cool-headedness has played a flawless year on of our wide receivers, especial- the defensive line and Craig ly Paul Harnisch, who also is in Sheils plays both wide receiver charge of tennis court security and defensive back. (One of during the game. the few athletes who can go Important changes from last both ways, and do it well.) Frank year's team include the signing Quarterback of Bob "I'm just a dumb offen- "Wheels" Cecere leads the sive lineman" Zickl and Mike league in touchdown passes "Mr. Strut" Morse. In the first but only because of the great game of the year. Bob caught protection provided by Baxley, two touchdown passes and Zickl, and "Eddie Mustafa" thus doubled his lifetime outAlston. Co-captain Chris Fink team will begin has humbly excelled whenever he steps on the field. "Papa Bear" Kurt Sherman is the team owner, cheerleading section, and team mascot. It remains to be seen whether or not the team can use him as a secret weapon in the upcoming playoffs. Also, from this team came the core of another successful team, jungle-land. Cocaptained by Scott Segal and Neil Dickson, both formerly of Aunt Mary's Kitchen, this Law School intramural team has only one loss so far, and leads its respective division. Playoffs begin this week and all the Law School teams welcome the support of those students who want to come out and see the games. Announcement On Saturday, November 12, the Black American Law Students Association in conjunction with the Latin, Asian, Native American Law Students Association wjll be sponsoring its 1983 Law Day. The theme of the law day is "Law and Politics in the 80s." Hugh Scott, candidate for city court judge in Buffalo will be the keynote speaker. The program will include lectures, workshops, panel discussions, and many other activities. Everyone is invited to attend. Admission is FREE. Students thinking about a career in Law are especially encouraged to attend. The Law Day will be held on November 12, 1983 in the KIVA room, BALDY HALL in the U/B Amherst Campus. The program starts at 12 noon...fie there! C Q: Isn't it true; Mr. Schrackle, that... MR.BIRZOFF: Objection, Your Honor. That question calls for innuendo, hearsay and character assassination. In the leading case 0f... THE COURT: Never mind, Counselor. Objection sustained. Opposing counsel is directed to submit that question t0... j State University of New York at Buffalo School of Flaw C j A V 7 j ( I Ilnion [ ?( p ■■..-* {> ( I \ j There is a choice! You can write for ? jus, or we can write about you! ; (we^ ( � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/92ab707a8a3fadfb737335f1c6a9add6.pdf 2ba373c6a3da00db649b3e4a5d4a7365 PDF Text Text Vol. 24:6 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December!, 1983 Holtzman Talks on Danger of U.S President's War-making Power by Wendy Cohen District Attorney Elizabeth Holtzman spoke on the topic of constitutional limitations to the President's war-making in the Moot Court Room at U/B Law School on November 14th. powers sjapuAy q Aq Law School Professor Masional District in Brooklyn in jorie Girth introduced the the U.S. House of Represenformer Congresswoman, who tatives from 1973 to 1980, in 1980 was elected Kings before leaving to become New County (Brooklyn) District AtYork's first Democratic female torney, as a women "who nominee to the Senate. Ms. never gives up when tasks are Holtzman appeared at the inMs. Holt/man vitation of the Women Law hard." represented the 16th CongresStudents Association, and as part of the continuing Mitt hell Lecture series. Hyman Wins o) qd Jaeckle The Aftermath of Vietnam Campus. Dean Hyman is the first nonMs. Holt/man's discussion alumnus of the Law School to receive this honor. Perhaps focused on the danger of more than any other person. allowing the President's power Dean Hyman has been a major to wage war to go unchecked, force in the Law School's particularly in light of the Vietgrowth improved nam conflict in which and academic standing, making the thousands of American Law School one of the top soldiers lost their lives twenty in the nation. "Jack" although war was never ofHyman is also held in great ficially declared by Congress. esteem by the Law School's Prior to the Vietnam conflict. alumni for his warmth, humaniProfessor, and former'Dean, Jacob ty and dedication to the education of his students. Hyman The award to Dean Hyman was part of the Eighth Annual Jacob Hyman, former Dean Convocation Program on and professor at the Law "Retirement Basics". The proSchool for 37 years, is the 198 1 gram, also in the Center for recipient of the Edwin F. Tomorrrow on the SUNYAB Jaeckle Award, the highest Amherst Campus, was designhonor conferred by the UB ed to provide simple, easy-toLaw Alumni Association and use tools to help lawyers in the SUNYAB Law School. The general practice make imporaward was presented to Dean tant decisions about thejr own Hyman Saturday, financial planning and provide on November 19, 1983 at a lun- answers to their clients' most cheon in the Center for Tomorcommon questions concerning row on the SUNYAB Amherst retirement plans. Brooklyn District Attorney Elizabeth Holtzman "Why pass a law saying that the law applies? The law is the law is the law." the Legislature's powers to check the Executive's warmaking powers had eroded. Ms. Holtzman warned that if Congress continues to acquiesce in the President's usur- pation of war-making authority, America will be in danger of becoming involved in another Vietnam-type situation. continued on page 6 Kaplan, Gottlieb Triumph SBA Cuts Opinion Publication Budget by Mary Ellen Berger On Thursday, November 10, the SBA approved a motion to reduce The Opinion's SBAallocated publication budget by $2400 and to transfer that sum of money into the SBA's "unallocated" funds. The SBA's action was the culmination of negotiations begun last October between the SBA Finance Committee and members of The Opinion's editorial board. At issue was the existence of a checking ac- count independently maintain- ed by The Opinion and accrued over the years from advertising revenues. This 1983 Desmond Finalists: Bruce Kaplan, Richard Gottlieb, Steve Sugarman, Susan Schultz-Laluk the U/B Law School Moot and that the main thing to Court Competition, which he remember is to "keep your The 1983 Desmond Moot finds superior to other law composure." Fifty-nine teams entered the Court Competition came to a schools' moot court competiby Wendy Cohen checking account was not close on Saturday, November taken into consideration at last 12, as second-year students Spring's SBA budget hearings Kirhard Gottlieb and Bruce or when The Opinion's budget Kaplan prevailed in the Final was subsequently approved by rounds before a bench which the SBA. The SBA's action in included former Chief Justice reducing The Opinion's of New York Court of Appeals allocated budget is a measure Charles Desmond, for whom to remedy this oversight. the competition is named. The five-judge panel for the Desmond Finals was comprised of Chief Justice Desmond, Senior Associate Justice of the Court of Appeals Matthew Jasen, Chief Justice of the tions. Judge Desmond remarked, "Invariably, the finalists here are at least up to the average standards of lawyers in appellate courts." Commenting on the finalists' performances after the decision had been announced, Judge Dillon said "I graduated from this school in 1951, and Moot Court Board Names New Members. See Page Five. Fourth Appellate Department Michael Dillon, Legal Services the school produced some Attorney Rose Sconiers, and Associate Dean John Henry pretty good lawyers in those Schlegel. The panel chose the years, but the quality of team of Gottlieb and Kaplan students here is growing better / / as prevailing over* finalists Steve Sugarman and Susan Schultz-Laluk in a close decision. Judge Desmond announced the decision of the bench to the finalists and spectators who filled the Moot Court Room, taking the opportunity to praise both the finalists and each year." Both Judge Dillon and Judge Jasen expressed the hope that they would see the Desmond Competition this year, and each team was required to argue in three preliminary oral rounds. Eight quarterfinalist teams were then sefected on the basis of combined oral scores in the three preliminary rounds, and team brief scores. In the quarterfinal rounds, Terri Foster and Stephen Schop argued against Rich Gottlieb and Bruce Kaplan; Mary McManus and Susan Hellerman argued against Cynthia Lenkiewicz and Emily Kern; Mark Mulholland and Kevin Szanyi argued against Steve Sugarman and Susan SchultzLaluk; and Steve Berkowitz and Seth Sahr argued against Alan Ross and Edward Markarian. The winners of the quarterfinal rounds went on to compete in the semifinals, where Sconiers, who also agreed that the teams- of Ross and the students had done a "fine Markarian faced Sugarman job," emphasized that effec- and Schultz-Laluk, and tive oral argument skills are Lenkiewicz and Kern faced continued on page 5 achieved only with practice, two finalist teams arguing in their courtrooms one day. Ms. �Letters To The Editor Vol. 24, No. t Thursday December 1,1983 Editor-iitChief Mary Ellen Berger Managing Editor Ray Stilwell News Editor: Feature Editors: Business Manager: Pro-SBA Lisa Kandel Wendy Cohen. Andy H.Viets Bob Cozzie Staff: Leah Edelstein. Cliff Falk. Jeff Johnson, Kathy O'Hara, Pudge Meyer, Robert Turkewitz, Jud Weiksnar Contributors: Ted Araujo, Rob Bursky, David Cass, John Curran, Randy Donatelli, Greg Phillips, Dave Rynders, Chrys Vergos © Copyright 1953, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinionis a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees Composition & Design: University Press at Buffalo. Editorial Inappropriate Remedies On November 10. 1983, S.B.A. passed a motion which reduced the printing budget of The Opinion by $2,400.00. This motion was passed in the "usual" S.B.A. fashion —notifying the Editor-in-Chief less than two hours before the meeting began, and completely failing to notify both the Business Manager, who oversees the finances of TTie Opinion, and the Managing Editor. The Opinion has been subjected to the relentless accusations of impropriety by the current SBA administration. "Guilty until proven innocent" appears to be the new catchall phrase for the SBA's political leaders, at least where this newspaper is concerned. The current issue deals with the existence of a "hidden" checking account which The Opinion has handled independently of the SBA budget lines. This checking account was created several years ago as an alternative to the predictably slow and inefficient voucher system filed through the SBA Treasurer and Sub-Board I. The account allows The Opinion to meet immediate printing expenses, purchase office supplies, and retain an active credit account with a photography service (no, the paper does not have a darkroom.) Apparently, certain members of the SBA feel that this account is an evil thing—it is money that is not under the direct control of the SBA, thereby creating an atmosphere of independence in the day-to-day activities of Ihe Opinion (a "dismal" prospect for a newspaper which opens its forum to the students, by the students, for the students). A more serious problem arose, however, when it was realized that the paper's former Business Manager did not reveal the true size of the account to theFinance Committee during the Spring, 1983 budget hearings. Mr. Bolz reported that The Opinion had net revenues of $400 in advertising. What he failed to mention was the fact that the checking account had an opening balance of $3000, thus giving Ihe Opinion a current balance of $3400 and change at the time of the SBA budget meetings. Although disturbed by this conduct of my predecessor, I am as equally disturbed by the fact that the then-SBA Treasurer Greg Phillips, did not demand and examination of The Opinion's checking account statements or, if he knew of the actual account balance, did nothing about it at the Spring budget hearings. Perhaps this is merely an opportunity for the SBA to flex its political muscle. Perhaps the memory of Dippikill has been resurrected, and certain members of this administration thirst for vengeance. In an editorial which ran several weeks ago, ( Ihe Opinion. 24:3) the editorial staff of this paper warned you, the students, to be aware of any signs of SBA authority being unduly exercised. Do not ignore such warnings! Ihe Opinion is a law student newspaper, funded by law student activity fees. Our purpose is to represent your interests, provide you with a reliable and quality service, and supply a channel for the expression of independent ideas—ideas independent of the norm (or so we are told), independent of the Administration, and independent of the SBA 2 ' • 9RTO!b °fSFP*eMr,,im Opinion Stance on Grenada Resolution Argued Pro and Con Bob Cozzie To the Editor: This letter is in response to the November 9th editorial, "Out of Bounds." We feel this letter is necessary because, as in the past. The Opinion's as, inter alia, "a formal expression of the opinion or will of an official body or a public assembly, adopted by vote... Such is not law but merely a form in which a legislative body expresses an opinion." The resolution followed a teach-in on the invasion which was co-sponsored by the SBA. Three panelists, all international law scholars, concluded Editorial Board is criticizing that the U.S. invasion of SBA actions and authority in Crenada was a violation of inthe conduct of its affairs. ternational law. Their The editors initially arguments were sufficiently challenge the representative convincing to persuade many capacity of the SBA Board to board members, though adopt resolutions which speak perhaps "international law on behalf of the law student novices," of the illegality of body. The SBA Consititution the act. clearly authorizes the SBA We agree that the teach-in Board to both represent the was a "newsworthy event." It student body and to pass certainly warranted more resolutions. Article IV, section coverage than the three 1, states that "(t)he Board of photographs and two sentence Directors is the representative caption allocated by the student governing body of the paper. Unfortunately, the SBA" Therefore, when the SBA coverage the teach-in received Board acts it does so in its con was typical of The Opinion's stitutionally designated shallow and selectivecoverage capacity. The Consititutionfurther empowers the Board to pass resolutions not inconsistent with the Constitution or any rules promulgated To the Editor: thereunder. (Article IV. Section 1, Subsection j). There is I could hardly believe my nothing in the Constitution or eyes as I read your November By-laws limiting the subject 9th editorial condemnation of the Student Bar Association's matter or resolutions. The Opinion asserts that the resolution against the discussion at the meeting American invasion of Grenada. focused on a political issue inFor reason you stated that, appropriate for the SBA to adthough the SB As general dress. The basis for the in- declarationof U.S. legal violatroduction of the resolution tions was probably accurate, was U.S. violation of internathe resolution should have tional law, not national been more factually argued. politics. The discussion Furthermore, you thought that centered on the legality of the in any case the SBA had no action, in light of the relevant right to speak for law students treaties and agreements cited in non-university related in the resolution. As law political matters. You closed students we have a right, in- defensively by assuring readers deed a responsibility, to that your editorial board had debate and discuss legal not yet decidedwhether the inissues. vasion was 'justified'—you The editors further criticize were merely raising these very the resolution as "lacking in important procedural points. factual backing" and the SBA For a journal of legal opifor failing to support its nion, your position is shocking, "allegations" with citations to even reprehensible. You admit authority. This was a resoluthat the U.S. probably did tion, not a brief. Black's Law violate international law, yet Dictionary defines resolution you have not decided if the in- Confine Editorials To Op-Ed Page To the Editors: After reading Assuredly it is impossible to your response to Rick Moore's letter (Nov. 9), I feel compelled, as a wistful writer and unrelenting idealist, to offer my own journalistic credo. I wholeheartedly agree that newspapers should commit themselves to a policy of publishing diverse points of view. At the same time, I believe editors should be uncompromising in their efforts to assure that the opinions and editorials are confined to oped pages. If a shortage of copy requires that some of the subjective pieces be printed on the pages ordinarily devoted to the more objective "news" articles, certainly an explanatory subhead, such as "Guest Editorial" or "In My View" or "Don't Mind Me," is in order,. c:r .,,, achieve totally objective journalism; the opinions of the author are manifest to some extent in even the driest ar- ticles. Nevertheless I am convinced that the one thing good news writers and editors can do is strive to be objective, however unreasonable the goal. When the third sentence of the lead article of an edition begins, "the self-righteous, confrontationalist, idealistic attorneys " I can't help but fee that someone on the masthead isn't trying. Hoping you survive yet another "attack on (your) editorial legitimacy which neither fill(s) space in the paper nor address(es) the issues that the questioned article raised," I remain. mi ; , ~: Yours, BjU Maffucci of law school activities. We would like to reiterate that SBA meetings are open to all. and that information pertaining to SBA functions is posted in the mailroom and on the SBA door. Finally, we would like to encourage The Opinion to make gook on its commitment to attend and cover each SBA meeting. Eric Turkewitz Second Year Director, SBA Jill Paperno Third Year Director, SBA Gregory T. Phillips President, SBA Heidi Siegfried First Year Director, SBA Judy Olin Vice President, SBA Anne L. Carberry Third Year Director, SBA Anthony M. Torres First Year Director, SBA Kathy O'Hara Third Year Director, SBA vasion was justified. Is this to say that you think the United States has the right to violate international law? I assume, since you chose not to explain yourselves, that you are referring to the possible danger to American medical students in Crenada. tven allowing a U.S. right to protect its citizens abroad through military force—and this is a great allowance indeed if we are to have any basis at all for international law—how can you justify the takeover of the entire nation? The medical school was secured on the first day of the invasion; as President Reagan and U.N. Ambassador Jeanne Kirkpartick informed us somewhat later, however, the U.S. government had a second aim: to install our idea of democracy in Crenada. Is this justified under any circumstances? The procedural points you raise about the SBA resolution are nonsense. Resolutions are rarely written, as you seemed to imply, like a legal brief. They are generally intended as finely-phrased rhetorical declarations. In any case, the style of the resolution is a laughable sophomoric reason for editorializing against it. Your other major objection was that the SBA should not speak for thepolitical opinions of all Law School students. It is only you who say that they are. The Crenada resolution was clearly marked at the position of the Student Bar Association only. Civen your specious arguments against the resolution, and the sad absurdity of your failing to condemn the invasion (given the extensive U.S. legal violations committed—both the UN and OAS charters and the War Powers Act were controverted), I can only conclude that the editorial board of The Opinion is made up of closet conseratives too cowardly to proclaim their support for the invasion in the face of an unsym- • I i«so«**Tued O" page 3 �ILS Condemns Grenada Invasion As Illegal by Chrys Vergos and wish to offer our reasons A few weeks ago, amidst the for being so. controversy surrounding the The United States has acStudent Bar Association's cepted the Charters of both the Resolution on the invasion of United Nations and the Grenada, the International Organization of American Law Society was asked to give States. Both these inits views on'the issues of inter- struments—and we might add national law involved in the here that international issue. We feel we are not agreements such as there ac qualified to comment on those recognized to be the most importions of the Resolution portant sources of internadealing with the 1973 War tional law —place an obligaPowers Resolution or the tion upon the signatory states authority of the Student Bar to refrain from intervention in Association to issue the resoluthe affairs of other sovereign tion in the first place. Thus, we states. Article 18 of the OAS will venture no opinion on these matters. What we wish to Charter states that, "no state do, however, is clarify the or group of states has the right to intervene, directly or inissues of international law pertinent to any discussion of the directly, for any reason crisis in Crenada. Additionally, whatever, in the internal or exwe do not pretend to be external affairs of any other perts on the subject, nor do we state." It continues, "The intend this memo to be viewed foregoing principle prohibits as exhaustive on the topic. not only armed force, but also The SBA Resolution states any other form of interference that the United States has or attempted threat against the violated the Charters of both personality of the state or the United Nations and the against the personality of the Organization of American state or against its political, States by intervening in economic and cultural Crenada and further, that the elements." The United Nations Charter, exception of humanitarian intervention is not applicable the earlier document of the here. These allegations, we two, states, in Article (4), that, believe, are well founded and have strong support in international law. Therefore, we are in agreement with Paragraphs 2, 3, and 4 of the SBA Resolution -J, CIIIV.J T _M LI IC .1 11/\ I\UJUIUIIWII continued from page 2 any state, or in any other manner inconsistent with the Purpose of the United Nations." Particular attention should be paid to the wording of this passage. Non-intervention is not intended to be solely a goal of the international community if credence is given to the language employed here. The words very strongly suggest that non-intervention is a rule of international law, one imposing an obligation upon signatory states. Had it been meant to be otherwise, the word "should" could have easily replaced the word "shall". It should not be surprising then that the principle of nonintervention has often been Out as the single most important foundation of the in- singled ternational legal system. In the Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States, a document generally accepted as the official interpreter of the UN Charter, the United Nations Ceneral Assembly strongly reiterated the importance of this fundamental rule of international law. It states, "No State or group of states has the "All Members shall refrain in right to intervene directly or intheir international relations directly, for any reason whatfrom the threat or use of force soever, in the internal or exteragainst the territorial integrity nal affairs of any other state. of political independence of Consequently,, armed intervenV/i f_r_nn.i_«i mvj fvi-i iV.V. _■ i _uii.7v_l|u ..nu y (jiiiiv.vj niu,i v..n tion and all other forms of interference or attempted threats against the personality of the state or against its political, economic and cultural elements are in violation of international law." Turning to the question of humanitarian intervention it should be kept in mind that the doctrine is a controversial one and many international scholars discount the application of it at all. The arguments against humanitarian intervention are usually based upon the inviolability of state sovereignty. Even among those who accept the legitimacy of the doctrine, it has been narrowly construed to balance the often-conflicting interests of sovereignty and humanity. Two words should be kept in mind when attempting to make a determination of whether on not the doctrine applies —sovereignty and excess. It seems that the latter is required in order to override the interests of the former. To define humanitarian intervention, we may say that it is the "reliance upon force for the justifiable purpose of protecting the inhabitants of another state from treatment which is so arbitrary and persistent and abusive as to exceed the limits of what authority within which the sovereign is presumed to act with reason and justice." : uv.i ffim iv.u.n/n uii_i juji.iv.i_. The excuse of humanitarian intervention is easily invoked to disguise political grounds for intervention. The idea of a totally disinterested intervening state may be an unrealistic expectation, but humanitarian reasons should be, if not the sole motive, the principle motive for intervening. A favored ground for intervening is the professed protection of a country's own nationals. Interestingly, history shows that in the 150 years preceeding the year 1928, the United States was exceptionally fond of invoking such a rationale. So fond, in fact, that it was invoked not fewer than 100 times. The question which must be answered here is—was the principal ground for US intervention humanitarian and was the need to evacuate our nationals really apparent before we actually invaded the island? Did our transgression of international laws in intervening in Grenada simply provide us with a subsequent rationale? In concluding, we would like to further state that even in light of the flack the SBA has gotten for passing its resolution, we applaud the members of this body for their concern over a vitally important issue and the effort they directed towards doing something about it. uwi-rw- iv> SBA Grenada Resolution Hotly Debated... pathetic readership. Perhaps I will give vent to my outrage by coming up and taking over your offices'. It is possible that some court, if its judges are people like yourselves, may ignore the legal issues involved and rule that your editorial transgressions transform my act into something "justified." Reg Gilbert Anti-SBA To the Editor Bar Student The Association's Resolution on the U.S. Invasion of Grenada, reprinted by this paper in the November 8,1983 issue, surprised me, but not much. When I hear phrases such as "moral foundation" and "high standards", I usually reach for my wallet (as L.B.J. used to say); when I see them printed in student publications, I simply sigh and wish for a lighter topic. As a third year student, I wonder that the people in a that Resolution. That vacuous down the throats of the law Taken in its broader context, individual Resolution should never have school student body. the passage of this resolution is I When asked Eric merely another example of signatures, I disagree with their been published. Turkewitz, a second year how the SBA has become a political conclusions. Alan J. Bozer representative who was the self-serving, leftist, pseudoThe SBA resolved nothing author of the resolution, about political forum that has more than a failure of will. We his motivation for writing such elevated its imagined role into know, or believe, that it is Editor, a resolution, his response to some type of "policy making people to Dear wrong put up against body." Instead of concenme was something to the efwalls and shoot them without that the everything trating on such things as effito the SBA fect that notice (law students wrote that In response Resolution, did they not?). We resolution condemning the U.S. does affects law students ciency of expenditures, finanknow, or believe, that it is self- U.S. invasion of Grenada, I am and since international law cial management, and defense to save fellow deeply disturbed that the SBA was involved it was even more organization of social events, citizens/students who are in has taken it upon themselves imperative that the young the SBA has deviated to the danger. We also know that the to even think that they have soon-to-be lawyers speak out point of miring every thing it people of Grenada welcomed the authority to condemn or on such issues. To Mr. does in politics. It is unfortunate that the the American troops. And final- condone any non-law school Turkewitz I suggest that any affects within the SBA have policy powers What decision activity. foreign we know now the conevent or ly, that related stitutional head of Grenada in- we have simply is an SBA that all citizens and that is why the chosen such a path, especially is out of control, reacts by U.S. government makes it, and when some of the represenvited the troops in. We might also consider the emotion rather than reason, international law is not tatives do obviously want to editorials of the Wall Street accommodates its own views violated until the World Court work hard to make this law journal, which two weeks ago rather than the views of the says that it is. The resolution school a better place for all reflected that aside from inter- student body, and has reeks of assertions and ir- law students, not only the law national lawbook scholars, the somehow given itself the im- responsibility. One wonders students that see the world whether Mr. Turkewitz's real through the same glasses that nation overwhelmingly sup- pression that it is more imporreason for this resolution was the powers do. ported the military action; and tant than it really is. In the future, if members of impress the "liberals" on the to displayed by the next day, after a symposium The arrogance of such types was held, said the fifteen members of the board with his "deep concern." the SBA feel that they must exHowever, Mr. Turkewitz has press their views on a parthey weren't surprised at the SBA who voted for the resoluproceeded to bastardize his ticular American policy mattion is gigantic when one conpredictable result. that one SBA own importance vis-a-vis the ter, may I suggest to them that are wonderful siders not Legalities things. But sometimes, as the representative, including the student body of this law they write a letter to the apcritical legal studies people officers, questioned the pro- school. (To his credit, though, I propriate officials], and sign Mr. their OWN names to it. must compliment here occasionally like to say, priety of such an action, exfact that he is on the of the resoluTurkewitz can obscure the realithe initiator cept legalities Thank-you, ty. In the mouths of innocent tion who was playing a gallant at least a doer, and felt commatter Cass to act on a that David pelled advocate. It is as the if students, fade devil's legalities young Second Year Law Student to mere rhetoric, as they did in SBA ramrodded this resolution obviously troubled him. which they should have appended their . relatively insignificant organization find the time, and the audacity to pass resolutions Commentary such as these. Far easier to pass resolutions than to do a good job at balancing budgets (let us not forget the SBA-sponsored by Ted Araujo junket to the mountains last year, when they diverted The most controversial issue monies for their own pleasures). Again, I wonder that these fine to be debated by the SBA in "representatives" presume that this student's history at this we elected them to do anything university is the Grenada Resolution. The controversy more than look at budgets. The SBA did not speak for me centers around the legitimacy when it published that resolu- of the SBA's interpretation of tion. And aside from the ultra its constitution. There are two vires character of the act, to schools of thought regarding SBA Overstepped Its Constitution son on all issues. The consenconcern as our student this interpretation. The term "but not limited sus of the SBA is that all representatives. This is the purto" Art. IV (1), along with the goings-on in our complex ported constitutional basis for provision that the SBA may world affect us as students and the resolution. I, however, would much pass resolutions Art. IV (10), hence as people. Therefore, has been interpreted by the any issue, whether it be library more narrowly interpret the SBA as a grant of unrestricted policy, academic affairs, inva- terms and.powers granted by power and authorization sions, abortion, parties, study- the SBA constitution, the through the electoral process, ing, [ad infinitum), comes powers granted to the SBA are, which allegedly legitimates the within that organization's of necessity, of a limited continued on page 4 SBA as our school spokesper- allegedly legitimate circle of December 1, 1983 Opinion 3 �President's Corner SBA Works on Constitution &Town Meetings by Greg Phillips I had been worried that my failure to submit a "President's Corner" article for the last issue of The Opinion would leave the paper short on SBA news. Happily, this was not the case. The last issue was packed with SBA news, from the resolution against the U.S. invasion of Grenada and an editorial on the same subject, to updates on the committee town meetings and a lengthy letter on a funding issue. I was glad to see SBA so active and involved. Whatever can be said about the pros and cons of the SBA's Grenada resolution, at the very least it focused attention on the SBA's Board of Directors and its actions. The first meeting of the Board after the resolution was attended by more than a dozen non-Board members. I hope this interest continues to grow. One new idea that has worked fairly well, this semester has been the holding of lunchtime town meetings to provide student members of the various Student-Faculty committees with input and student opinions on the issues before the committees. The format has been to introduce the committee members and open up the floor for general discussion. Beverages have been provided by SBA. These meetings will continue next semester with the Special Program and Library committees, among others, on tap. Thanks to Judy Olin and Tom Bantle for organizing, and to the committee members for attending and listening. The SBA Rules Committee has also been active this semester and is looking into revising and improving both the SBA Constitution and bylaws. Some clauses and bylaws are no longer necessary, and the Constitution doesn't directly address some important areas, including, for exam- the main features of the plan, and bring us up to date on its status. The central feature of the plan is to utilize the existing central buildings on the Amherst spine as student activity space by clustering student offices, university services and eating facilities a timely discussion by an ex- cellent legal mind. Thanks should go to Professor Girth for insisting on holding the event in the Moot Court Room. Intramurals Finally, a note or two of the along a central "boulevard" in law school's more outstanding the buildings. I personally (for once I'm not going to menCylindrical Devices), make it clearer and more believe that Law students will tion the teams. The Law plan from a intramural directly benefit workable. such as this one to make stu- School's entry in the U/B Socdent life here at U/B more vital rer league, with the unlikely A Student Union name Sir Lawrence of the and interesting. Meadowlands, is again at the Rich Gotto Congratulations that is being Another area looked into is the possibility of tlieb and Bruce Kaplan, the top of the league. Following an 1983 Desomond Moot Court undefeated regular season, the SBA Board of Directors coming out in support of. the champions. Congrats also to this Steve Baxley-coached jugCapen-Norton-Talbert plan for runners-up Steve Sugarman gernaught is expected to a Student Union on the and Sue Schultz-Laluk and all sweep through the play-offs. the other competitors. A tip of By the time you read this, SLM Amherst campus. We have invited one of the plan's main the hat also to Dan Pease, should already be league proponents, Peter Hirshman, Director of Moot Court, and champs. In the U/B intramural ice to address the SBA, summarize his able group of Board members who wrote the prohockey league, the Law blem, scored the briefs, and School's entry Advocates on put together another fine comIce has put together a string of petition. victories and should challenge I'd also like to recognize the for the league title. Al Bozer's Association of Women Law team has combined balanced show support for the amendStudents and the Mitchell Lecscoring and steady goaltenment. ture bring Committee for ding, and looks ahead to next OTHER SBA NEWS concerns Rob Turkewitz, our Elizabeth Holtzman to the law week's showdown against the ABA. representative who school on November 14. The Medical School's team. The received funding for his trip to former Congresswoman spoke game will be Monday, Dec. 5 Atlanta. His total cost was to a large audience about the at 9 p.m. at Sabreland on Niagara Falls Boulevard. See $546.43, and at the Nov. 17 constraints the War Powers Resolution on Presiputs you the there. SBA meeting he was given That will have to do for now; dent's war-making powers. $75.00 towards his expenses by SBA. Consideration was given Those on hand were treated to good luck on finals. to the fact that 25% of the student body now belongs to the ABA. which sponsors a number of events which Mr. Turkewitz can explain to you. (Dean Schlegel has promised to reimburse R.T. for the other by David A. Cass expenses from university Wance left the apartment building to go shopping and funds. Good deal, Coach.) Some groups are still in I did not know Ann Pfreund- had hoped that Ann would acviolation of By-Law 13. If yours schuh, but she is dead now, company her. Ann did not. murdered on Rather, Ann decided to stay at is one of them, or if you belong brutally to one of them, get to an SBA November 8, 1983, in her stu- home and cook dinner. Two dent apartment. Friends had men, (who have since confessmeeting or suffer the consequences. described her as being the ed to the murder), Carlton Sue Kozinn gave a rousing woman who "always had a Brown, 19, and Anthony presentation on the Buffalo smile on her face." UnforWright, 18, had been observing Consumer Mediation Service tunately, that smile is no more, the apartment building over at the Nov. 17 SBA meeting. I she is now dead. the last few days and were Ann Pfreundschuh was a waiting for some type of clue urge all students to consider working with Sue and that 21-year-old college student at- to see who was most organization. As a practical tending Pratt Institute in the vulnerable. When Lauri left, matter, most of an attorney's Fort Greene section of they knew that Ann would be. Brooklyn. She had dreams of time is going to be spent conThe two men went into the soling or cajoling clients and one day becoming a successful apartment building at approxadversaries. This program ofcommercial artist. After all, imately 4:45 p.m., up one flight fers invaluable experience in Ann was to graduate in May of stairs and rang the bell to these areas of expertise. (The '84 with honors. Ann and Lauri's apartment. BCMS' association with the Pictures of Ann indicated, at Ann presumed that it was "BBB", Buffalo Better least to me, an attractive Lauri, who had just left, and Business Bureau, can't hurt woman who seemed sort of opened the door. The two men those who will remain in Buf"ordinary" in that everyone pushed the door in with such falo.) knew someone else who look- force that Ann fell to the The social committee, ed like her. Father Michel ground. Wright grabbed her represented by Jill Paperno, is Perry, Pratt Institute's and started beating her, as gearing up for a fun-filled chaplain, said that, "[Ann] Carlton, who was soon to join February, starting with the came to chapel often," and him, turned up the stereo. Three Coins spectacular. How had come from a "devout" Detective Anthony Vechi, the about the partiers in the aufamily with a "very deep lead Detective assigned to the dience giving Jill a hand with faith." Further, Father Perry case, said that Ann was beaten the preparations? described Ann as a woman up "real bad" and that she was And finally, ending on a who wrote for the school bleeding profusively from her somber note, the SBA learned newspaper and who was ears, mouth, and nose for apthat future changes in library generally shy, conscientious, proximately 20 minutes on the policy could result in: 1) loss of and sensitive. She was a living room floor. Her five foot loan privileges for Law "regular" person that all of us two inch frame was no match students; 2) problems concerncould identify with. She had a for the two men who were ing periodicals circulation; 3) few friends, many acquaineach approximately six feet, loss of flexibility in using tances, and dated occasionaltwo-hundred pounds. materials due to the new bar ly. Yet, Ann was murdered. One must stop at this point coded I B's, (including loss of Murdered in such a heinous, and try to comprehend the proxy privileges and loss of the wanton manner that it literally events which have occurred ability to renew materials by pains me to understand the hitherto. Try to feer and think phone). If you're concerned reality of it. about this girl, the normal On November 8, 1983, Ann departure of Lauri at 4:30 and about the Law School's was at her home for unforautonomy within the Universithe normal events that precede ty system, voite your concern tunately all of the day. At 4:30 dinner preparation. Picture the today at the SBA meeting! p.m., Ann's roommate Lauri continued on page 6 ple, constitutional amendments. The aim is to improve the Constitution in order to Commentary on SBA Moves continued irom page i nature. We, as a group of law students, could not authorize the SBA to promulgate and enforce laws. We, as citizens and students, are under the legitimate regulatory powers of our university system, state system, and federal constitution. Thus, at least our SBA is precluded from passing laws regarding our social and civil behavior. What can the SBA do under the authorization of its constitution? This is the question which we all must confront. As it stands now, the SBA feels that it is its legitimate purpose to represent us wherever it sees fit. I would agree that the SBA has the right to charter and fund student organizations, provide suitable office space for those organizations, and deal with the daily funding concerns of those groups. I disagree with the SBA when it asserts that it may represent the political and professional aspirations of the students of this university. Unfortunately, there are no controls on the SBA If the SBA wants to read its constitution broadly, then it can claim exorbitant powers far beyond those powers which I believe are enumerated in the constitution. There is, however, a solution to such broad interpretation. A by-law has been proposed, and subsequently revised to accommodate attendant administrative problems, which would require notice of specific "special" resolutions (such as that on Grenada). I believe this is a valuable step in the direction of student democracy. If you want to have more direct control of the particular resolutions that SBA will pass in the future, come to the meeting at 3:45 TODAY, to Buffalo Law Review Welcomes Articles will lend its utmost support to The Editorial Board of the Buffalo Law Review reaffirms that it is interested in receiving papers of outstanding quality written by students who are not members of the Review. Members of the Board believe that the Review is obligated to provide a forum for all students of the law school who desire to publish. This is not a new policy of the Review: neither of the two student articles in the next issue was written by an associate member. One of the articles was a seminar paper; the other is a result of research funded by the Sea Grant Program. In the future, the Board does hope to publish a higher percentage of student work and fewer professional ar- ticles. These student works need not be written under the supervision of a faculty member. Indeed, it is the Review's intention to foster a greater degree of academic freedom through the encouragement of student articles which articulate independent views. The Review Opinion 4 the refinement of submitted articles; however, it will not undertake to edit the views ex- pressed by the student author. To be considered seriously for publication, a paper must meet the same standard which associate members of the Review face for promotion: the paper must be "substantially publishable" when submitted for editing. Publishable drafts must meet, at minimum, a number of criteria, including traditional standards of research; (2) fully developed analysis; and (3) substantially free of major flaws in grammar or style. A substantially publishable draft may require a number of rewrites. Rewriting can include (1) further research and "bluebooking" the footnotes, which must be well-developed. The Board will compare submitted articles to the above standard and, ultimately, to other drafts. If you have any questions, please feel free to stop in at the offices of the Buffalo Law Review, 605 O'Brian Hall. December 1, 1983 Emotional Plea For Death Penalty �Desmond Competition... continued from page I Gottlieb and Kaplan. The two triumphant teams then faced each other in the finals. The finalists all agreed that the Desmond Competition was a worthwhile experience. Steve Sugarman commented: "The Desmond was probably the most valuable practical experience that I've had in law school. I think everyone should participate, because of the way it develops your skills." Steve's partner, Susan Schultz-Laluk added: "Despite the problems with library materials and such, I felt that everyone in the Competition was trying to do their best. We received a lot of support, from both the Moot Court Board and from the other teams, and it felt really good." Commenting on their win Rich Gottlieb said: "The Competition was very tough, and we didn't know until the last second that we would be the winners. We gave it our best shot, so win or lose we would have been proud of our perfor- mance." Bruce Kaplan, joking that one thing he had gotten out of the Competition was "ulcers," remarked: "Winning isn't everything, but it feels pretty good." He added, however, that it should be remembered that the Competition was very close. Members of the Moot Court Board were also pleased with this year's competition. Judy Gerber remarked: "The beauty of this year's moot court problem was that it gave participants the chance to explore New Waves New Music Network: You Had to be There by Jud Weiksnar If you weren't at Media Study on Friday Nov. 4, you missed two of the year's most unusual musical performances. The Harmonic Choir and David Yon Tiegham were invited to open the New York State New Music Network, cosponsored by the art gallery, Media Study, and U/B's Music Department. They challenged, amused, and pleased their listeners with music that ranged from a hum to a roarr If you've never been to Media Study, you owe yourself a visit. It's an old hotel at 207 Delaware Avenue that's been converted to a workplace and performance center for the arts. The swimming pool has been drained, the ballroom is now a soundstage, and other rooms have become studios and offices of various sorts. The Harmonic Choir, a sixmember ensemble (though I only counted five that evening), performed "harmonic music" at poolside. This music has Mongolian and Tibetan influences. Try whistling and humming at the same time and you'll approximate the sound. Really, try it. Now imagine five people doing that in an echoey, candle-lit pool room. Eerie stuff. According to Joel Sach's program notes, the singers are not just humming along and whistling Dixie. They "produce a fundamental tone and then, by extremely precise modulation of the abdominal muscles, chest, . and vocal project simultaneously a higher tone or tones, related in frequency to the fundamental tone by simple whole-number ratios." However they do it, it's spellbinding at first, but can become a bit repetitious to the untrained ear after 45 minutes or so. Good to meditate to, though. The Choir was well received by the very artsy apparatus. crowd. After an intermission, the audience trooped into the soundstage to see and hear David Yon Tiegham. The transition from The Harmonic Choir to Yon Tiegham is like going from an immersion tank into a kitchen full of kids. At one time or another you've all probably imitated Ringo Starr by pounding on pots and pans, or made funny noises by rubbing a balloon. Yon Tiegham has captured that same spirit of fun and experimentation and combined it with years of serious musical study to produce his own brand of music —as he calls it, "A Man and his Toys." Yon Tiegham, who has worked with Brian Eno, David Byrne, and Twyla Tharp among others, is not just a musician, but a showman. He has taken his act everywhere from Carnegie Hall to the Danceteria and the Mudd Club. At Media Study he came out front (I'd say on stage but there was no stage) in a NASA jumpsuit and made music with a table full of kitchen gadgets and toys, a tape loop machine, and synthesized drums. The audience ate it up. When was the last time you saw someone get a standing ovation for shooting a glass milk bottle with a rubber-tipped dart? This sophisticated audience was obviously open-minded to new musical forms. Programs such as this are great for keeping you on your toes, and broadening your musical horizons. Words are a poor substitute for the musical experience that takes place at such events. To appreciate them, you really have to be New Moot Boarders in detail substantive issues, so that the final round did not rest on whether- they looked good or spoke well, but on how well they reasoned." Moot Court Board Director Dan Pease also commented on the complexity of this year's moot court problem, stating: "It's a great tribute to the competitors that they could handle such a complicated fact pattern so well." Dan added that on behalf of the Board, he would like to thank everyone who helped out during the Competition. An awards dinner was held after the final round of the Competition, and awards and certificates were given to the finalists, the teams with the highest brief scores, and the individuals with the highest oral scores. Best Brief Awards as announced were: First Best Brief-Steve Sugarman and Susan Schultz-Laluk Second Best Brief-Richard Gottlieb and Bruce Kaplan Third Best Brief-James Kinyon and Alan Stewart Fourth Best Brief-Alan Ross and Edward Markarian Fifth Best Brief-Steve Berkowitz and Seth Sahr The Oralist Awards were awarded as follows: First Best Oralist-Richard Gottlieb Second Best Oralist-Mary Aramini Third Best Oralist-Donna Hoelscher Fourth Best Oralist-Susan Hellerman Fifth Best Oralist-Steven Berkowitz The following students have been invited to join the Moot Court Board: Sarah Ayer Cynthia Lenkiewicz Mary Aramini Steven Berkowitz Mary Breen Robert Burksy Michael Connette Mary Pat Enright Terry Foster Marc Garber Richard Gottlieb Susan Hellerman Donna Hoelscher Heidi Juhl-Wiendl Jeff Kadushin Bruce Kaplan Emily Kern Edward Markarian Richard Moore Mark Mulholland Richard Murphy Fred Reed Alan Ross Robert Sant Stephen Schop Susan Schultz-Laluk Scott Segal Lauren Serper Alan Stewart Steven Sugarman Kevin Szanyi George Terezakis Steve Zwieg Schlegel Praises To The Opinion peitors deserve to be very pro- Editors ud of their efforts and Whatever may be said about achievements. actions taken in the library by Schlegel some competitors in'the Moot Court Board's Desmond Competition (see The Opinion, November 9, 1983), and I, for one, would say quite unprintable things if "whatever may be said" turns out to be true, what needs to be said is to note how incredibly hard all the to all contestants worked for this competition and how extremely high was the quality of the FROM average (not the best, but the average) run of both briefs and arguments. The Moot Court Board, who ran an excellent laiwaßaaßaiHuißßßßDßaßßoaDßßaßoiißiinnaßoooocßaaiM competition, and all the com- Good Luck on Finals The Opinion Just when you thought you'd have to scramble for outlines, plead for notes, and buy the b00k... (bdttbn BAR REVIEW - presents a FREE course review lecture in there. . UXno f°ffifjgg) * AGENCY & PARTNERSHIP * Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs & Writing Samples Copied > ' ALSO: •• Flyers Brochures •• Tickets Cards •• Bus. Letterheads • Envelopes Posters I, I I 1 I N.F. Blvd. I 1678Amhartt 834-7046 All enrollees and nonenrollees are welcome! Saturday, December 17th 2:00 5:00 p.m. Room 106 — 3171 Main St Buffalo 835-0100 B«te*ibMt|; I*3O^rti.m 5 �Holtzman Warns Congress To Assert War Making Powers continued from page 1 Beginning her discussion with the historical roots of the war-making Executive's authority, Ms. Holtzman contended that the framers of the U.S. Constitution clearly intended not to vest all warmaking power in one branch of government. This intention was due to a "skepticism of the unilateral exercises of power" by one person which had its origins in the framers' experiences of living in a monarchy. Ms. Holtzman explained that war-making authority is vested in both the Executive and Legislature by our Constitution, which designates the President Commander-in-Chief of the nation's armed forces, yet gives Congress alone the power to declare war and appropriate expenditures to maintain those armed forces. The framers deliberately divided authority to wage war between the executive and legislative branches of government to make it difficult for the United States to enter into a war. The framers never intended to create a monarch in this country, Ms. Holtzman stated, "not in regard to taxation, not in regard to freedom of rights, and not in regard to the power to go to war." The War Powers Resolution The framers' intention to divide war-making authority between the executive and legislative branches was disregarded during the Vietnam war, Ms. Holtzman asserted. She added, however, that former-President Johnson was not oblivious to the shared authority, as evidenced by his pressuring Congress to pass the Gulf of Tonkin Resolution. The Gulf of Tonkin Resolution gave the President the power to send troops abroad to protect American troops who were under attack by a foreign power, which had the effect of escalating U.S. involvement in Vietnam. Passage of the War Powers Resolution was a clear attempt to prevent another Vietnamlike situation. It was passed in the wake of President Nixon's unauthorized bombing of Cambodia, which continued for eight months until Congress cut off expenditures. According to Ms. Holtzman, the War Powers Resolution attempts to define how the President can Commander-in-Chief by providing that the President can only so act when Congress has specifically declared war act as or, in a national emergency, in which case the President must report to Congress within 48 Commander-in-Chief; and 2) the occupation of the island, which Ms. Holtzman contended was improper in the absence of express Congressional authority. Ms. Holtzman called the occupation of Grenada by American troops who were responsible for putting a new government into power "unconstitutional and illegal." She asserted that hours. The Resolution includes under the War Powers Resolua provision for automatic tion, Congress has the power to withdrawal of troops in sixty withdraw the troops within sixdays if its provisions are not complied with. The War in Lebanon The War Powers Resolution has been weakened as a result of America's involvement in the crisis in Lebanon, Ms. Holtzman asserted. President Reagan sent troops into Lebanon to secure the removal of the PLO without consulting Congress or admitting that the War Powers Resolution applied to the situation. On September 29th, one month before the terrorist attack which left 229 marines dead, Congress passed a law specifically declaring that the War Powers Act applied to the situation in Lebanon and allowing the President eighteen months to withdraw troops. Ms. Holtzman termed Congress' actions very ill-advised: "Why pass a law saying that the law applies? The law is the law rs the law," she stated. She further contended that Congress' actions had, in effect, given the President an eighteen-month blank check. Congress' actions prove that the previous resolve to assert legislative authority over the decision to wage war has eroded dramatically, and Ms. Holtzman voiced concern that the War Powers Resolution's effectiveness as a means of protecting the American public against rash decisions has correspondingly eroded. The Invasion of Grenada Ms. Holtzman divided her discussion of Grenada into two parts: 1) the actual invasion of the island to rescue American medical students, which can be seen as a proper exercise of the President's power as ty days. Another problem underlying the United States' invasion of Grenada rests in determining President Reagan's true motive in ordering the invasion. Although the invasion was ostensibly intended only to rescue American medical students, Ms. Holtzman pointed out that the military was not even aware that the medical students were located at two different sites on the island. Further, Ms. Holtzman pointed out President Reagan's statement "I want to restore democracy to Grenada." "If we are going to commit troops solely on the President's sayso, in order to restore democracy, we are going to be involved in very, very many wars." she said. In response to a question from the audience, Ms. Hotlzman added that the welcome given to American troops by the Grenadians who wished to be rescued from their government was no justification for the occupation. Expressing concern for the precedent that might be established if this were considered adequate justification, she commented "The Grenadians like us, so why not set up a new government? What about the next time?" The Answer: Public Vigilance In conclusion, Ms. Holtzman stressed that the decision to wage war is too grave a decision for the President, with a handful of advisors, to make alone. Pointing to the system of checks and balances established in our Consititution, she added that the situation today "calls for public vigilance—in the end, that's what will keep our system of constitutional law working." Death Penalty... continued from page 4 door bell ringing, Ann, who is cooking, running to it, not even remotely suspecting that she is about to die. Imagine the terror that Ann must have felt that split second after the two men pushed in the door and before she was about to be beaten. Imagine this huge man picking Ann up and punching her repeately in the head as she uselessly tried to scream. Then imagine Ann being thrown to the ground and kicked, and then left on the ground in a partial comatose state, crying, bleeding, and in pain. before because of their proficiency and lack of remorse in the killing of Ann Pfreundschuh. The reality of this situation requires that these two men be given the death penalty. They do not deserve to live, and society should not be obligated to keep them alive. These men are animals. Ann Pfreundschuh is dead. Murdered at a time when she was just finishing the foundation part of her life. The animals that killed her did so with' malice, intent, and a reckless indifference to human "The fashion in which Calton and Wright murdered Ann now tells prosecuters that, they plea-bargained too low...and that these two men are violent punks who must have killed before..." When the two men finished robbing the place, Brown and Wright apparently decided to kill Ann. They put Ann into a chair and tied her hands and feet to it. Detective Vechi's report indicates that Ann was still alive at this point and was struggling as indicated by the degree of penetration into her flesh of the wire used to tie her. The two then filled a bathtub with water and drowned Ann by holding the chair face down so that Ann's head was submerged. They then left Ann with her head submerged in the water, and her feet dangling in the air, dead. l.auri came home at approximately 6:15 p.m., 105 minutes after leaving, and found her friend Ann dead. One must try and imagine how Ann must have felt that split second before being plunged into the water, know- that she was about to-die, and how Lauri's life is changed forever in a way that will enable that scene to become a permanent fixture in her mind. The two men that, committed the murder were found easily, and they confessed. As it turns out, each man has a record of approximately 14 felonies, including armed robbery, assault, and burglary. The fashion in which Carlton and Wright murdered Ann now tells prosecutors that they plea-bargained too low with these guys in the past, and that these two men are violent punks who must have killed ing life. There is no other adequate punishment than death. To those people who espouse the view that one must examine the psyche of an individual before administering punishment, I say that you are part of a societal contribution that legitimizes crime. Furthermore, through your actions, you have contributed to over 50,00 unlawful homicides and 1 million other felonies yearly for the last ten years. The death penalty is needed to insure that the men who killed Ann will be punished for their despicable act in a manner which 1s proportional to their deed. By giving these two men the death penalty, society will not have to worry about whether those two will ever kill anyone else either in "general" society or in prison. My indignation and anger at Ann's killers leaves me frustrated. The system will allow these two animals to walk the streets unmolested in a relatively short time. A beautiful, young, talented, sensitive, 21-year-old college coed is dead, and society is impotent to serve real justice. This impotence is manifested in the legal profession whose usurpation of the people's will is scandalous. Ann, I mourn for you because you represent all of us. Ann, I also mourn for us because I think that we are in worse shape than you are. The Opinion WANTS YOU!! The Opinion looks forward to receiving contributions from students for the upcoming semester. Express your viewpoint, write for the Opinion. Our publication schedule will be as follows: - DEADLINE Tuesday Jan. 24 PUBLICATION Wednesday Feb. 1 Vol. 24 No. 8 - DEADLINE Tuesday Feb. 7 PUBLICATION Wednesday Feb. 15 Vol. 24 No. 9 - DEADLINE Tuesday Feb. 21 PUBLICATION Wednesday Feb. 29 Vol. 24 No. 7 NOTE. Due to budgetary constraints, DEADLINES WILL BE STRICTLY ENFORCED. 6 Opinion December 1, 19M �Marvelous Marvin Outclasses "New" Duran by Mr. Pudge Meyer Poor Marvelous Marvin Hagler. People always find some way of saying why he really isn't all that marvelous. The "experts" are content in saying things like "he's one of the best" and "he dominates the division"—but later there will be something about how weak the division is. This is boxing's dilemma; and it comes into parts. First, there is a mistaken belief that greatness is shown by having many tough fights that have perhaps been won in the later rounds. Maybe our hero has even had to come up offof the canvas. Second, it's difficult to judge greatness when a fighter so thoroughly out-classes his class. It's unfair to say we'd like to see him in a good fight just because beating up town. he has no trouble on everyone in Champions Carlos Zarate compiled a record of 50 wins and no losses with 49 knockouts. Pretty impressive. Then one day, he lost. Should that mean the fifty opponents weren't really that good? No. Thomas Hearns sent plenty of fighters to the showers early in an awesome display of power. Then one day, he lost to Sugar Ray Leonard. So Hearns was just a bum, right? No sir. Zarate, Hearns —let's add Gomez, and the list could go on—they're not the best of all time. But there is a growing number of a group that I, call the "Average Great Champion Club." To become a member, you have to win easily almost every time you fight—and then you have to lose. There were, what right did he have also has to be a bit of dirt on getting in there with Hagler? I you—maybe you can't take a punch, or you start slow, or maybe you can't go the distance. Or the old standby—you have trouble with the lefties. predicted a TKO in the ninth, and the Fight Father callled for a KO in the sixth. November Fight Poor Mr. Hagler. People are I was at the fight on the trying to get him to join the twelfth of November. To say club. The only problem is that that there was electricity in the since his draw with Vito Anair is to say there's water in the tuofuermo, Hagler has won all ocean. People were dressed as his fights easily—but he can't if for a funeral. It would soon get in the club because he be time to pay last respects to hasn't lost. the legendary Manos dePiedra. The Hagler Duran fight had Poor Hagler. If he knocked been referred to by some as out Duran in the first round, the mismatch of the year. Even the papers would surely read so, I was glad that Big Mary "So what? That was supposed would finally get a Big Payday. to happen. Hagler is still I had no doubt that Hagler untested." If it were to go to a would win. After all, Hagler is decision, or if Hagler were to Hagler and Duran isn't actually lose, we'd certainly Duran—he's a man who lost to read that Hagler could never Kirkland Laing. Sure, he beat been good —at best, a hard hitDavey Moore—but young ter in a soft division. Moore really hadn't impressed Now that the fight is over, I anyone anyway... haven't read the papers. I don't ...The whole boxing world have to; I saw the fight. But not had it figured out. Duran the same one the judges saw. would have to start fast and try I'm glad those three aren't on to crowd Hagler. In trying to the Supreme Court. I don't see get in, he would find out for how the fight was scored so the first time what it's really close. Even the Duran fan to like to eat leather. He'd get hit my left was surprised. Hagler by a middle weight who throws by one point? Two points? Bethunder until someone falls. In ing charitable, I could give a sport that mirrors Darwin's Duran five rounds. Don't talk "Survival of the Fittest," to me about even rounds, Hagler is like the great white judges are paid to say who shark with a twist—instead of won; not to say it was too close having no natural enemies, to decide. If the judges can't everyone is an enemy who, make up their minds, let's find identified, is others who can. once systematically eliminated. It proved to be a very inHagler's gloves seem to have a teresting fight. Duran's hands radar system; almost every were quick; his timing wasn't punch finds its mark. Just ask off. He chose to fight Hagler Hamsho Or Scypion. 0r... primarily in the middle of the Duran too was supposed to ring instead of bulling inside. fall—he couldn't be the man he used to be. And even if he He never pushed Hagler to the ropes; maybe he felt Hagler was too strong. We saw the new Duran. He's not all that old, and he hasn't taken a lot of punishment. We saw Duran the Middleweight, Duran the Boxer, the Thinker. No flab. Cood handspeed. Crisp combinations. The only problem was that all the combinations hit Hagler's gloves. I never knew you get points for that. Duran also showed fine defensive skills. He was ducking under Hagler's left most of the night. But like most people, Hagler has two hands. Duran Outclassed After five rounds Duran was breathing heavily in his corner. Maybe this is why he didn't try to bull Hagler to the ropes—infighting is very tiring. And if Hagler was wondering how come he couldn't land The Big One, Duran was busy trying to figure out what to do. By fight's end, Hagler did have a redeemed himself. There is no shame in standing in with Hagler and losing- Newer theless. he was outclassed. He played survival without naming away. I hat's not easy. Poor Hagler. All he did was what he had to. It was his toughest fight, because he had to work hard. He worked to hit Duran. He didn't get the knockout, but that's okay with me. You'd have to be nuts to think that Hagler isn't as good as you thought he was. Because if he's nor, and he barely beat an old Duran. this fight will become a cruel statistic in twenty-five years: "Willie The Worm" Monroe beat Hagler and Duran didn't" That wouldn't do Duran justice. It was a great fight because Duran was ready. But he was I laglers natural enemy. Hagler, like the great white shark, prevailed as was expected. Mary is at the top of his game—make no cartilage about it Darwin 1 —Duran 0 Poor Hagler. The judges little mouse under his left eye; and he sustained a small cut gave Duran rounds because he over the eye in the fourteenth didn't get beat up; if it was a round. But he out-landed close round, give it to Duran Duran three punches to one. He started out a bit cautious, probably to see what Duran would be throwing. In the middle rounds he was switching from southpaw to orthodox, landing short left hooks over Duran's sagging right hand. Duran seemed to let Hagler get off first; but when he responded, Hagler wasn't there. Duran did catch a second wind. He fought admirably. He r even landed a nice flurry in the middle of the fifteenth. He has because it wasn't supposed to be close. They're trying very hard to put Hagler in the "Average Great Champion Club." Thanks, but no thanks. No clubs for Hagler. No one will say it—Hagler is in a dub all by himself. Poor Hagler. Everyone is his and he's looking for a friend. Don't look to die judges.."Hey, Mary. great fight. And oh—could you lend me two million until payday?" enemy, We're Here For You, •Resumes •Resume Kits -Business Cards •Stationery -Posters RES IPSA LOQUITUR -Flyers •Process Camera Work •Word Processing University Press - Hours: 9:30 4:15 Wed. evening til 7:15 56s Harriman Library (MSC) 831-2588 • ** WORD PROCESSING TYPING ptoto -- Ilype - Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts ctr^r oXt^n""^^" symbolsto "tßasstssg rid.-UpADeUveryAvailable All Work Guaranteed - 883-3348 Call Proto-Type Randy Ask For The Picpcr Hew York State- Multistate Bar Review offers an integrated approach to the Hew York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will he prepared and confident. PffiPER NEW YCXUC-MULITSTATE BARREVIEW | I% q 5 g q j § 2 It Speaks For Itself. spp vot'R SlpeS _____ 90 Willis Avenue Mineola. NY 115C1 (516) 747-4311 J r |J ( J Limited Enrollment IXm.bf.HMt" OfWMi" 7 �Professional Wrestlers Disappointing Fans by Mr. Pudge Meyer ( Warning The following article may contain graphic descriptions of violence. Professional Wrestling—even on paper—may not be platable to all Opinion readers.) be somewhere. In the same way. an athlete shouldn't be found on a field, or on a court, or in a ring unless he is 100% ready, both mentally and physically. It's bad for Sports when athletes don't perform quite the way they should. A professional athlete's life is a demanding one, but it's the profession he has chosen. He has no right to show up at game time, or fight time, at anything less than peak condition, unless the problem is due to injuries. ty veteran Butcher Vachon go up against the new sensation, The Tonga Kid. The Kid doesn't a fine job of distracting the Again Kernudle, the weak link, was pinned. The biggest disappointment came from Bob Backlund, the current World Champion, who could't have trained very hard for his bout with the Magnificent Murraco. He seemed slow, and his timing was off. Murraco, who looked like there was some other place he'd rather be (by that point, so did I) didn't move in to take advantage. Whatever fighting did go on took place outside the ring, and Murraco did send Backlund's head into the metal ringposts a number of times. After ten minutes of nonan easy pin. action Backlund's leg got tied In the second fall, the Sa- up in the ropes, and he was moans- flung Snuka into the hanging upside down out of ropes preparing to administer a the ring. While the ref tried to, double chop to the throat. free him, Murraco ran out, Snuka ducked underneath, re- picked up a chair, and hit bounding off the far ropes, and Backlund right in the neck with caught them with a double- it! The ref called for the bell, clothesline of his own. But he and awarded Murraco the got hit with a low blow, and decision. I didn't understand things swung the other way. how Backlund could be disSnuka eventually squirmed qualified; he hadn't been over and tagged Atlas, who counted out,. was immediately met with a Bad officiating and sub-par referee. Atlas jumped in to help, but the ref escorted him back to his corner while Snuka was now being choked by all three adversaries. The ref finally broke things up in the corner; and when Snuka managed to tag Atlas, the Samoans backed off. Atlas took things out on Kernudle. When the Samoans tried to jump him from behind, Snuka and Johnson intercepted them with a series of forearms and dropkicks. Atlas, in a display of strenght, pressed Kernudle (265 lbs.) over his head, holding him there before crashing him to the canvas for look a day over twenty, but his agility and fine knowledge of textbook wrestling make up for his lack of experience. His refreshing style is reminiscent of Antonino Rocca, the flashy Fans of all sports pay top Argentinian from days gone dollar to see their favorite by. He finally wore down the teams and athletes perform. Butcher who, at age 54, is apThese athletes are profesproaching the twilight of his sionals who command high career. The pin was registered salaries and sometimes at 12:54. preferential treatment. And An exciting moment in an perhaps they deserve it. otherwise sluggish match had Ringside But perhaps they don't. ProSwede Hansen almost getting fessional sports have been the mask off the Masked under fire recently because This problem of the ill- Superstar. He had a few drug and alcohol abuse, termprepared athlete has now enchances, but couldn't get the ed "acute" by one commencroached on the heretofore mask over Superstar's rather tator, has apparently become sacred spectacular known as large nose. From my ringside rampant. As perceived by the Professional Wrestling. I was seat I did see what appeared to public, the two teams hit at ringside at the Buffalo Aud. be a silver tooth among the top hardest by adverse publicity November 1 for what should row of biscupids —photos have been another actionhave been baseball's Kanas Cicould lead me to his identity. ty Royals (gaining mention on packed, violence-ridden evenThe one amazing match was ABC's Nightline) and football's ing. Eight thousand fans paid the six-man tagteam. In one Cincinnati Bengals (sporting seven, eight and nine hardcorner stood Superfly Snuka, early-season suspensions). And earned dollars to see some of Mr. U.S.A. Tony Atlas, and the Dallas Cowboys, ususally the finest talent anywhere. But Rocky Johnson. There was no reffered to as "America's by the end of the night, doubt that this team was wellTeam," was dubbed "South everyone had been disapprepared. Never before has so flying low-blow headbutt. A America's Team' during a segpointed. much physical prowess been silence fell over the crowd as The opening match pitted assembled on one team. In the he lay there helplessly while ment on 60 Minutes. Drug and alcohol abuse is something Nick DeCarlo against Big Lats other corner, the two Samoans absorbing additional punishthat all front office Bradley. DeCarlo was visibly proved to be as vicious as ever. ment. But each blow nudged managements must deal with. out of shape, while Bradley, a But their third man, Don KerAtlas closer to the corner, until It is not my place to say what fine physical specimen, had nudle, was the weak link. he just did manage to tag action be no apparent desire to "mix should At the start, the Samoans Johnson, who had been waiting taken—whether athletes who things up." The result was a managed to trap Superfly in anxiously to inflict some boring match; I didn't even the corner, while Kernudle did serious damage of his own. come forward with their problems should be penalized or care who won. Basketball Commentary Tony Carea, the former patted on the back, fired or befriended. I'll leave that job tagteam title holder and to the men who have millions favorite of fans far and near, riding on each game. (And I seems to have forgotten where theWeight-room is; or he found don't mean the gamblers...). by Randy Donatelli and Rob teams in the regular season are But it is my place to speak the refrigerator. Onceknownfor Bursky usually invited to the NCAA fitness, his has out for the fans. Athletes are dedication to he tournament, the championship let himself get flabby around like any other profesNow that the college basketconference tournaments middle. After few a sionals—they owe a general the ball season has once again become nothing more than a duty to the public to perform minutes he was heavily windmercilessly descended to means by which "also-rans" to the best of their ability. ed. His opponent. Frenchman satisfy the seemingly infinite can qualify for the NCAA playThafs what they are paid for. A Renee Doulet, was more in- appetite of sports fans, it is offs. Of course, these postterested in battling the crowd time for the critical fan to exlawyer isn't likely to be found season mean shams in a local pub the night before than tending to the business at pose and refute the piroposimegabucks for participating a trial. The pilot of Air Force hand. Another slow match. tion (held especially by colschools and their conferences. One won't be found sleeping One of the few bright spots leges and T.V. networks) These post-season conjhat of the evening saw the old craf- there is no such thing as ference late when the President has to tournaments exist soleoverkill of the college game. ly to place as many teams as The NCAA basketball possible from the conference season is still in its infancy, but into the NCAA tourney. Simply one can not avoid looking put, the more teams that ahead to March when "round- qualify from the conference ball1 action" turns into for the NCAA's, the more "fastbreak ripoffs." The culprit money the conference makes. in this scenario is the postThat mediocre ball clubs inseason conference tournaevitably are invited to the ment, a gimmick now NCAA's is of no consequence. All those interested in employed by virtually all of Last year's Big East tournaapproximately two dozen ment must have been prosubmitting skits for the 1984 the major conferences. To moted by one of those con arLaw Revue show: demonstrate its ludicrousness, tists you see on Sunday mornlet's use what are generally ing T.V. Fans were required to regarded as the three strongest buy tickets in blocks for all the circuits in the college game: games, meaning that one had the Southeast Conference; no choice but to pay good Atlantic Conference; and the money for the classic matchBig East Conference. They all up between "powerhouses" have eight or nine school, each Seton Hall and Providencer Law Revue will be held on of which plays other schools in winners of a total of seventeen Friday, March 2nd, and skits their respective conferences games between them all will be due at the end of twice during the regular season. Had Seton Hall season. One would think that a somehow won that tournaJanuary. sixteen-game league season ment it would have qualified would be sufficient to deter- for the NCAA tourney with an mine the best team, right? impressive overall record of Wrong! At the conclusion of 8-22. They did not win, and the this season, won/lost records fact that such incompetent are discarded and all teams teams actually play in a postautomatically qualify for the season tournament is a Erin, Box 194 post-season conference tourdisgrace, and an insult to fans Box 71 Jack, nament. who appreciate quality In this tourney, a team need athletic competition. Jill, Box 188 or only win three games to proAs is the recent trend in Tracey, Box 132 claim itself conference sports, incompetency is champs and thereby secure a rewarded and tolerated FACUI.IT OF LAW AND JURISPRUDENCE berth in the NCAA tournament. because it generates revenue. STATE UNIVERSITY OF NEW YORK AT BUFFALO Since the top three or four The climax to this unfortunate performances dominated the evening. Bouts such as these do harm to the integrity of Professional Wrestling. I demand that wrestlers and all athletes prepare and perform to their fullest. Pudge's Quick Picks: Holmes unanimous decision over Frazier. Turn Off The Tourneys BUFFALO LAW REVUE ■■ ANNOUNCEMENT ATTENTION! CONTACT 8 Opinion December 1,1983 state of affairs will be reached when the NCAA decides to invite all 256 Division I schools to its tourney. Such a format would lengthen the tournament by only one week and would let every school share in the big money. Of course, the post-season conference tournaments would still live on despite their utter lack of significance. Sports Quiz College Hoop Quiz 1. Name the last Buffalo area school to win either the NCAA or NIT tournaments. 2. Name the last Division I that finished the season undefeated 3. Who is the all time leading scorer in the NCAA based on points per game team average? 4. Which of these NBA stars once averaged 20 points and 20 rebounds in the same season as a collegian? 1. Kareem Abdul-Jabbar 2. Julius Erving 3. Larry Bird 4. Ralph Sampson 5. Name the starting line-up for the 1976 USA Olympic Basketball team. Answers: >H?q xlnx ipi!W puß 'Aa|4UBQ ueupv 'Aeyv WO3S J3u>png uumo 'pjoj |ii|d S SiHAjg sni|n( > 9Z6L 'BUBjpui i 3|V uojsnoH pajea^ap sjnjuaAeuog is I ■!J UN »M1 JOJLLbV "! ' �SBA Passes by Eric Warren Resolution Condemning Snow sion of Buffalo as being a barren Arctic wasteland and thus The Student Bore Associa- prejudicing them against offertion (SBA) has passed a resoluing us jobs." tion condemning snow. The The SBA concludes by resolution calls for a number demanding a mild winter, imof unseasonably warm mediate roll-back of all snow remedies, and SBA has sent presently in the ground, and copies of the statement to a conversion of U/B's winter number of influential sources. road salt supply into seasoning The resolution attacks the for the world's largest beef-onfrosty form of precipitation as weck sandwich. (The latter declearly an illegal infringement mand was added after a friend"Equitable" Tolling displays Snow Resolution on the well-established state ly amendment to the resolufor reasons known only to the year was, like, real warm and right to exercise the police tion, by the Culinary Law SBA, to the Little Rock (Ark.) really bummed us out, y'know? power and promote safety on Students Association, was acGazette. Twenty thousand adWe, like, better get some really our highways and by-ways. In cepted by supporters of the copies would be left in bitchin' snow this year for our ditional the resolution's other conmain motion.) mailroom for informa- ski trip or, like, we'll we'll have elusory allegations, the supCopies of the resolution the tional and scrap paper purto dip into unallocated to buy porters condemn snow for were immediately run off on she added. ourselves some real bitchin' poses, machine, the third floor copy "[clausing Buffalo Law motion Although the facstuff to, like, get over the bumstudents to spend their hard- despite protestations from ed organized resistance, it mer." and the Myron that earned financial aid dollars on Audrey offpassed by a comfortable 14-8 Individuals opposed the tire chains and snow brushes in set machine instead be used. vote. Spearheading opposithe as well. SBA Presiresolution, to lieu of beer and chicken According principal sponsor tion were members of the Ad- dent Greg Fillerups said, wings;" "[Reducing freedom of Judy "Equitable" Tolling, "This hoc Institute of Dippikill "These guys have no business is too to a expression within O'Brian Hall important wait few taking votes on things outside Skiiers (AIDS). Their spokesperby reducing the number of hours for the offset man to get son, and onethe SBA Director school." Although the Tolling to it." indicated parking spaces within a that woman Albany State ID Mill, issuelaw is one that lies just out90-minute walk thereof;" and copies would be sent to Cod, Burberry told The Onion, side the law school—in the Ann "[g]iving Service, the prospective National Weather the weather last parking lots—he was neveremployers the wrong impres- Tom Joles at Channel 7, and. "Well, like, Vol. 5:1 THE ONION theless adamant in his opposition. "It just sets bad precedent," he intoned. "Why. next they'll be meddling in the inter- nal affairs of some isolated third-world country." In the end, however, other voices prevailed. Former SBA President Chill Paperno silenced this reporter, who made notice objections and proposed a one-week tabling of the motion, by using an Armysurplus Howitzer that, she said, she "just happened to bring to the meeting in case things got out of hand." Treasurer Rob Insant, once persuaded that President Reagan would support the extension of the Sun Belt to include Western New York, also joined in support. Several members of the Downhill Law Students Association, who came to the meeting to present information on the resolution, were stripped of their DLSA offices pending review of resumes by the SBA Disappointment Committee. STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF F LAW December 1.1983 Onion and SBA Vigilantes Clash Over Bottle Cache by Robert Remedial The Onion and the Student Bore Association (SBA) are at loggerheads over a major fiscal accountability crisis. enough of a self-starter to thriftiness and thirstiness of count them up, much less br- staffers of years gone by. Lead O'Hara ing them back to Wegman's. investigator "Chief" pictures of the scene, but Asked to estimate the current took value of the pile, the present none of them came out. Confronted with irrelevant, members of The Onion's hearsay, inadmissible who were Auditorial Board, Onion staffers had evidence. SBA has accused The Onion of busy adding empties to the no choice but to stonewall the commaintaining a cache of pile, were incapable of investigation. "We didn't start ment. unredeemed beerand pop botOnion The fiscal improprieties that collection," tles, the deposit value of which spokespersons Moe, Curly, and view of inside the mysterious hole: who knows An Onions-eye was allegedly concealed from came to light when several Larry asserted. Ifs not our what evils lurk within? the SBA Finagle Committee at Onion editors reported the ex- fault that our predecessors istence of the stash to SBA. last April's budget hearings. were heavy drinkers." SBA vigilantes have called Crusading SBA investigators, Ultimately, however, the upon noted valuation expert armed with aluminum and fearless journalists were forcskillfully pickdetectors, Michael "Mick the Shaft" glass ed to admit the existence of Schaeftler to determine the ed the lock on The Onion's the stash. They proposedturnover the marvelled present value of the stash, and door and continued €*t page J a number of them vow to testing zone for months now." Bea Plaintiff by reduce The Onion's budget After repeated denials by dollar for-dollar, can-for can, For weeks the university Physics Spokesman Al Eins- upon receipt of the valuation had it up to you-know-where tein, the Law School hierarchy report. by Doug and Wendy Werner community has been wonderto press a conference with academia," Gopher said. is that called ing what happening in Following passage of the a surprise weekly "condemn-fhe-Onion" The Onion has just learned "We just couldn't pass up hirarea in front of theLaw School make to which the general public has anouncement—Acting Dean resolution last week, with its that Dean John Henry "you ing a man who led off his been denied access. The Onion Schlegel admitted the Law unprecedented fiscal consedon't know what's good for magnum opus law review artifor cle by saying. Toto. I don't responsibility Schlegel has been ofSchool's the you" now learned that several has quences, representatives of weeks ago a nuclear device devastation. other student organizations fered and has accepted part- think we're in Kansas was exploded there, resulting "Yes. we did it." Schlegel began camping out on the first nership in the New York City anymore/ " he added. Schlegel has been put in in a gaping hole and the said. floor of O'Brian Hall for the firm of Cleary, Cahill, Skadden. Acting When why, of asked the walkway the destruction chance to share in the ex- Kaye, Dewey, Truman, Capote, charge of thefirm's activeantibetween the parking lot and Dean retreated to a corner of pected multimillion-dollar Merrill, Lynch. Crosby. Stills, public interest department, his office, sat down, crossed windfall. Sacco and Venzetti. The firm, where he will supervise a O'Brian Hall. which emphasizes its small- veritable corral of associates This reporter found universi- his legs, placed his fingers to and Following independent fell apparently his and willing temple surprisingly officials ty unbiased investigation by a town, personal approach, from fancy law schools around to talk about the incident. J. into deep constructive team of Onion reporters the made what Schlegel called "an the country. He has also been Edgar Eureka, head of U/B thought. It was not until an following facts came to light. offer I couldn't refuse." appeased in his wish to have & S Coordinator Hiring Public Safety, though uncer- hour later that he looked up. C.C "Schlegel" inserted in the partthat The appears Onion "Why do you think we did It tain of who was responsible, its Graham Gopher said the firm nership's name. According to began accumulating speculated that "It was most itt," asked Schlegel. "Make the treasures even prior to the first learned of Schlegel's Gopher. "I think we're sticking likely the Physics Department. argument." passage of New York's Bottle talents in last spring's New him between Capote and MerThis was responded to with Deposit Law. So large has the York Times Magazine expose rill—we just didn't want to They've been asking for clearance to use part of the an icy* silence. break up the sets." cache become over the years of the pitfalls of legal educacontinued on page 4 Amherst Campus as a nuclear continued on page 4 that no Onion staffer was tion. "It was obvious he had Law School Heads Nuke Path and Lot Schlegel Goes Lateral �Vol. 5, No. 1 December 1,1983 Audilor-in-Chief Arthur Andersen Managing Auditor Pete Marwick A Few Minutes With Paradise Lost to Head Wagging by Andy H. Runey News Auditor: Feature Auditor: Arthur Young I out he Ross Photo Auditors: Business Mangier: Staff: Anonymous [Vacant since 1980] Price Waterhouse Contributors: Anonymous © Copyright 1983, Onion, SBA. This issue of Onion was done in fun. We hope everyone takes this issue in the manner in which it was intended. References to real persons are purely coincidental, except in the instances in which they were intentional. WARNING: The Auditors have been advised that their student loans are non-dischargeable in bankruptcy and that their lender-creditors will have priority status through the year 1994 to potential libel plaintiffs who may be offended by the contents of this issue, we say, "Get in line." Auditorial (Speak, Fend, Aim) For Yourselves In the interests of justice and fairness, the editorial staff of The Onion presents this "Do It Yourself Editorial" for your creative pleasure. Just choose one or more of the suggested words or fill it in yourself: On (date) , 1983, the Student Bore Association (SBA) (passed a resolution, allocated money, adjourned till summer, voted The Onion out of existence). We at The Onion (support, condemn, don't give a shit about) this action. It can only be described as (silly, super-duper, peachy-keen, an affront to the American way, an attack on motherhood and apple pie). We consider (out-of-line, in-line, by-line, the SBA to be frontline, underline). We do not take this position (lightly, heavily). (the What the SBA does is of great importance to student body, itself, the Buffalo Bisons, the Sweet Home High School Marching Band, Greg Fillerups' illegitimate children, the pirates of the Carribean). Let's face it, the SBA is nothing more than a (lying, stealing, crying. Godfearing, Godless) bunch of (bedwetters, communists, capitalists, slimebuckets). If it weren't for the fact that the SBA allocates our budgets, we would also call the members of the SBA (mealy-mouthed, ne're-dowells, self-serving, mothers). Knowing which side our butter is breaded on, though, we will make no such accusations. (leftSuffice it to say that the SBA is made up of handed gerbils, Marxist Revolutionaries, Lords of Lechery, foreign subversives, domestic subversives, friends of Dave Cass, Somalian drug addicts). In conclusion, we ask the SBA to deliberate only on issues (authorized, insanely deluded, told by it is Schlegel, moved, bribed) to consider, such as (the merits and demerits of oral sex, life in sub-Saharan Africa, the life and times of the Dodo Bird, whether pigs have wings, intricate strategies of the game of dodge ball, whether the Buffalo Model is a religious experience, what comes between Schlegel and his jeans)_ : ______ People in Minmmrntnr»«mii.». the News The life of a student of the law often seems to be one of answering questions—whether it be in class, for Moot Court, or on a final exam. Well, I have some questions of my own that I want some answers to from all of you by the time we get back from Christmas vacation: 1) Whose idea was it to build the new School of Management building so close to the Law School? I'm glad I'm not the one responsible for the safety of that building and its occupants. Don't they realize that John Lord O'Brian Hall is teeming with violent revolutionaries just itching to over- throw most of the civilized those pictures he's been hanging up in that room? We all know that he does them Onion Recruiting Auditor 18. Party Recruitment 2 Onion Ghoul types keg order for the Spring December 1, 1983 10) Or more simply put, why was man born? 11) Actually, the only question really worth considering to any great degree is: Why? Some might think that to make such inquiries is dangerous. As Aphra Behn wrote in The Lucky Chance: "Too much curiosity lost Paradise." Nevertheless, these answered. have They remained unanswered for far too long. My own thinking on the matter is more in line with a thought from Romola, a work by George Eliot: "If there are two things not to be hidden love and a cough — I say there is a third, and that is ignorance, when once a man is obliged to do something besides wagging questions must be — his head." the catastrophic effects the free world would surely suffer In what will soon become known as the Chiquita War, we have found it incumbent upon ourselves to curtail this shortage, and eventual gl ut, of surplus fruit. One can only hope they have the decency to refrigerate. The eventual release of millions of black, overripe bananas may be more than I can handle. My source has indicated that the decisive moment to invade was made two nights when the President awakened in a cold sweat. He had dreamed of a half million prior, people standing on Pennsylvania Avenue singing, "Yes, we have no bananas..." This was the deciding factor Reagan used to commit our l troops to war. Surely he knew Ck>ngress would support him. My source, Reagans top ad visor on this matter, has per mitted me to use his. nåme so that he receives the full credit for these disclosures. Heres looking at you Bonzo, you wont go hungry this winter. Turkey Ericwitz Don't Mind Me Model Solves Energy Crisis by Rod Tubin current generation should leave future generations with SMeet-the-Faculty_interview the broken urinals in the men's restroom across from the entrance to the Law Library? Or are they just going to wait until they all break and then close the place down? 6) What does that white stain on the blackboard in room 109 supposed to be? My guess is that it is either representative of the Buffalo Model or Schlegel's brain waves. Since I'm the one asking the questions here, though, you're just going to have to come up with your own answers. > 7) Are all those things they say about Al Katz really true? 8) Why is it that more people go into Schlegel's office than come out? 9) Why was man born to suf- fer and to die? Turk talks Bananas Resources class are familiar with the issue of inter resource generational management—or whether the Onion staffer Judl ■Prof. I'.iul Spiegelperson waits, "William" Weiksnar rushes to get j Cbags packed, for The Onion to do a 5) Is anyone ever going to fix world, and that a basically defenseless School of Management would be an easy first target? I really wish that the powers-that-be would come to Letter to the Auditors me before making decisions like this. 2) What the hell is wrong with the New York Jets? Why is To the Editor: it that the greatest football team in the world can't even I can't believe it. At midmanage putting together a winnight last night, I received a ning record? To make things phone call from a highlyworse, the second greatest placed Administration official. the football team in the world, He wished to disclose the real San Diego Chargers, is wallowreason we invaded Grenada, ing in last place in its division. and being a responsible My only real hope is that the citizen, I pass on this inOakland (that's what we still formation.must I have become call them in California) Raiders privy to Ronald Reagan, fears come through for me and beat of—The Great Banana Emthe Dallas Cowboys in the bargo. Super Bowl. I hate the Dallas With memories of the 1973 Cowboys. oil stoppage fresh in his mind, the first 3) Why is it that on Reagan moved quick ly and floor of O'Brian Hall there are decisively against leading 109 and doors between rooms banana republics to impress 108, but there are no doors betupon them the necessity of a ween rooms 108 and 107, or constant banana flow. My between rooms 107 and 106? Is well-informed source told me there something in room 107 that the Organization of that isn't supposed to get out Banana Exporting Countries except through the hallway? If (OBEC) planned to emhad so, what is it? bargo the entire free world of for 4) Who's responsible the The Presipurple pit? And who's this wonderous fruit. move to avert dent made his Spiegelman trying to kid with Those who have taken Professor Meidinger's Natural Alleged himself. energy or knowledge. All great civilizations have consumed large quantities of energy. The energy consumption is necessary in order to produce surplus food, which in turn creates leisure time, education, and thus knowledge. This knowledge is then used to devise ways of producing and consuming more energy, and so on ad infinitum. The question which cannot beanswered is whether future generations would prefer to be left with energy or knowledge. Of course, students at SUNYAB Law School have already answered this question as it applies to their own lives, and have chosen knowledge over energy. We have foregone the option of being productive, and have invested large quantities of energy (i.e. food and money) in order to gain knowledge which we hope will produce more food and money. In our effort to obtain the maximum amount of knowledge for the minimum expenditure of energy, we have chosen to attend SUNYAB Law School. equivalent to oil and gas. Thus, traditional law school graduates leave school rich in mental energy. However, this energy is non-renewable. Once tapped it cannot be replaced, and the poor graduate is left without the ability to create more knowledge on his own. S/he will undoubtedly experience and "energy crisis" later in life when his/her supply Buffalo stresses alternative of legal knowledge is exand creative approaches to hausted, or when the legal producing legal knowledge—a technology changes. fact which cannot be said The faculty at Buffalo refuse about more traditional to fall into the same trap of schools. The prevailing trend producing non-renewable legal at most universities is to treat minds and have, instead, conlegal education as a finite, centrated on three methods of non-renewable resource. legal energy production. These Students are taught old doc- are fusion, recycling, and trines and unrelated bodies of passive energy utilization. The black-letter law. In order to fusion theory of legal make room for new informa- knowledge production is both tion, these antiquated doc- the most sophisticated, and trines die in the mind like the most simple. Its foremost fallen redwood trees. They are proponent is Acting Dean then buried deeper and deeper Schlegel, who is attempting to by succeeding coursed, and do for law what Einstien failed under great pressure form to do for physics—discover a deposits of fossil fuels continued on page 4 �Fashion Aid Update Faculty Fashion Verdict Is In: Eggs Among Tres Chic by Wendra St. Claire As the weather outside grows nippier, and Yves St. Laurent's mind turns towards the Spring Collection, moi thought to take some time to discuss a topic near and dear to moi's heart: faculty fashion. Yes, some of you ladies and gentlemen may be mumbling under your breaths that the phrase "faculty fashion" is a contradiction in terms. Au contraire, mes chers. Vraiment, there are a few bad eggs that spoil the bunch, but there are also those who can be said to be tres chic. And nothing brightens moi's day more than to sit in a classroom where the professor in not only well informed, but more importantly, well dressed. Some instructors at this institution, alas, are well known to be simply out of sync with the fashion world. Mr. Al Katz may be nearer to Cod than we, but he is not nearer to Pierre Cardin. Further, while a single earring may be de rigeur in certain circles, I shudder to contemplate what John Molloy would say. On the bright side, Mr. Katz was actually in the forefront of the suspender revolution which has captured the fancy of corporate executives nationwide. Turning moi's attention' to another sorry example, it grieves moi to note that John Henry Schlegel is simply not sartorialIy splendid, nor nattily attired, despite his charming bow ties. Gentlemen: I regret to inform you that the "dressing down" which was so popular in this country during the 1960's as a romantic gesture of solidarity with the underprivileged, is simply passe. As you may have gathered from moi's previous comments, what one wears is also, important symbolically. For many a day I have pondered the question "how does Mr. Kenneth Joyce choose which color LaCoste sweater to wear?" Having kept track of this important statistic since the weather began to grow chilly, moi can inform you that he is twice as likely to wear the red sweater with the blue alligator to class on any given day than the green or navy blue one. Further, he's three times as likely to wear the green alligator sweater on any given Monday than the mustard hued one. Once, he did confound moi by wearing no sweater at all to class (tho perhaps he left it in his office) and by presenting himself in a quite becoming burgundy pinstripe shirt. Most faculty members who are neither elegant nor defiantly tacky can be classified in some way or another as preppie. While moi has heard Miss Betty Mensch termed "hippie" by some, in moi's opinion she looks like a graduate student at Vassar in her corduroy jeans and sweaters. And Ceorge Zimmerman, eschewing the dressed for success uniform, favors handsome herringbone tweeds, beautifully set off by snowywhite, button-down-collar oxford shirts and two-toned striped ties in muted colors. (although moi has never seen him, moi is relying on his distance that Mr. Zimmerman reputation for fashion in the has taken to sporting a pocket community) and Virginia hankie, in reality he merely Leary, for sensible good taste. places his eyeglass case in his And lest I forget, the warm, upper right-hand pocket.). comfortable sweater look, Moi has saved the best which won Dan Rather higher dressed examples for last. To ratings, is exemplified by Mr. Charles Carr and Mr. David Engel and. Michael Howard Mann must go the Schaeftler. joint honors of Best-dressed Law Professor. Mr. Carr's practice of placing a fresh bloom in his buttonhole each day is one that I truly admire. While he by Nita Loya favors black suits during the winter months, moi must note that he looked particularly fetching in late August, attired in a linen suit with a pink rose in his buttonhole. Perhaps a red silk cumberbund would be just the thing with his black suit, white shirt and bow tie combination. And to Howard Mann, long respected symbol of fashion consciousness at the U/B Law School, moi sends moi's deep appreciation. Mr. Mann is nothing less than splendid in his three-piece grey suits, nicely accessorized with gold pocket watch, reminisSCOOP, darlings, on the cent of gentler times when a newest arrival in the Art World man did not set foot out of of Buffalo. He may be ian doors sans chapeau. unassuming law professor by day but in his spare time he exFASHION NOTES: ecutes some of the most daring photos of Buffalo's sweetest. While on the whole our proNow, after years of selffessors are fairly well dressed imposed artistic seclusion, in blazers and casual slacks, A.K. will be opening up his tres there are little touches of in- chic Allentown pad to tour1 dividuality, for instance Paul groups, proceeds to benefit the Spiegelman's comfy shoes, or Larry Flynt Legal Defense the pure whimsy of Lee Fund. A.K. will guide bevvies Albert's green tie. Honourable of curious femmes (I will most mentions must go to Paul Bir- certainly camp out the night zon, for his quiet elegance, before la Grande Premiere!) (While it may appear from a Sporting the latest of Camaby Street, our very own Sir Headrick plans his next move. "Dean1 Hearsay: Cat's Out of the Bag +t through the nooks and crannies of his photos—OOPS, I mean apartment—explaining his style extraordinaire and technique tres chic. Look for a review by our art critic, Minnie specialize development, anyone? P.B. and C.C., your Nita has discovered, have just opened Le Beau Geste fashion boutique on. the sizzling Elmwood Strip. Just a modest joint enterprise, they claim, but surely they jest! Civenchy, Blass, Klein and Armani flew in especially to sip the vintage champagne and cut the satin ribbon in celebration of this much-awaited clothier au courant. Le Beau will delicious detours in between) In an effort to encourage male enrollment in this encounter in personalized tailoring and boutonniers, but nary a sock will be stocked.... The last item I have for you darlings this week is on a more educational (say not so!) note. Minimalist, in columns to In a never-before-imagined U/B come.... Law first, I.M. will offer to the Try as he might to deny it, public her rave encounterN.O. seems destined to star in group extravaganza entitled his very own early morning "Constitution and Cenitalia." exercise-and-diet television Scheduled for this coming program, "Corpus (OOPS) upcoming weekend, Delectable." Never-before- when students and faculty seen calisthenics and recipes alike will be at the peak of will be shared with all a.m. their intellectual and physical tube groupies whodare dial in. frustration (what with this nasRumor has it that A.C. will < o ty semester all but over), I.M.'s host the show, providing mini-course will address such cheers of encouragement to areas of interest as shoulders, the host and chopping temples, lower back, and vegetables when needed. 'Rear calves (hopefully with some (boy-girl-boy-girl is much more exciting!), special male guest instructors have been enlisted. H.M. will offer a special workshop in "Ageless Erotica." while D.E.s imprimatur will be on "Non-torlious Nibbling," and P.S. promises a glimpse into his special "Plaintive Pulsa- tions." See you there, darlings Onion and SBA Clash Over Cache continued from page 1 ing the bottles and cans over to a joint "Onion-SBA Trash Bucket" and to split the proceeds with whomever took the empties back to the store, but extremists rejected this proposal and instead called in Mick the Shaft. It is quite possible to estimate the cuwwent vawue of the accwued weiceivables," said the SBA expert. "By capitawizing the watio of number of cans to the pwice of awuminum and gwass, we can pierce The Onion's whale and have their buget weduced even before final exams are over." Other faculty members expressed similar sentiments. "It's an outrage," said Professor Ken "Get 'Em Out By Christmas" Joyce. "How could anybody leave so many of them around their office for so long without doing anything with them?" Professor Virginia "There Is A Santa Claus" Leary,was more direct. "They have clearly violated international law," she asserted. [Onion guzzlers would not deny that most of the empties in question were, in fact, Labatt's; the United States, however, is not a party to the 1983 Great White North Treaty which requires Canadian empties to be cashed in within six months of their pur- chase.) With The Onion's budget sure to be cut in whatever amount Mick the Shaft recommends, dozens of student organization representatives, smelling the filthy lucre from several stories down, began to line up outside the SBA office. First in line was Jacques Itch, president of the MaleLaw Student's Association. This newly-chartered student organization is seeking. Itch said, to achieve funding parity with its sister organization, AWLS. "We're trying to get Larry Flynt to speak to us," Itch said. "He's on the lecture circuit, explaining his role in the DeLorean case, and he really wants to bring his act to Buffalo." Flynt reportedly calls his first-amendment presentation "Spread Eagle in the Eyes of the Law." Another early comer represented the Schlegelized and Apathetic Majority of All Law Students Association The (SCHLAMALSA). spokeswoman, who did not care to give her name, said her organization would seek to obtain funding to send all its members to a convention in Puerto Vallarta over intersession (entitled "How to Lobby a Student Government for Money"). She admitted, however, that her membership Mute Court director Dan Peas was asked to confirm honoring their namesake whether his organization planSchlegelship by "making the ned to use its share of the windfall for sponsorship of the argument." A contingent of BuffaloFlaw First Annual Toxic Waste Review associates were busy Regulation Advocacy Complanning a rotation schedule petition, reportedly at the site whereby each spent three of the 99th Street School in hours a week holding the Niagara Fall. Peas would not Review's place in the line. comment on this or. for that Editor-in-Chief Ken Schnapps matter, on anything else. assured The Onion that it Representatives of the Irrawould put the funds to good use. "We're going to be the tional Law Society were expellfirst law review in the U.S. to ed from the line after other print an issue full of stream-of- liner-uppers complained of the consciousness prose and small of the vodka and pickles. poetry," he explained. (In an In protest of this unconstituaside which he imprudently at- tional exercise of the police tempted to make off-the- power by AMLS and record after he uttered it. SCLAMALSA. the ILS conSchnapps added, "It's really tingent started their own line outside The Onion's office. just the Mensch issue.") could really care less if they got to go, and that they were Home, Sweet Home The SBA "Lost in Space" committee unveiled its proposed new headquarters for The Onion.According to chairperson "Chief" O'Hara, "Now you guys can have hot and cold running journalism " December 1, 1981 Onion 3 �The Enemy You Love to Hate: \Schlegel Goes Would You Believe the USSR? by Francis Buttinski They're our pro occupation They fill in the gaps in TV pro gramming between the daytime soaps and the nighttime dopes. They're brutes; the all-purpose fall guys. They're the Russkis. For better or worse—they seem to have put themselves there. They are one continuing global public relations disaster. They shoot down a Korean airliner and then don't even offerrefunds or discount coupons. They attempt to handle the Polish situation and it puts them in a hole deeper than Chrysler or Tylenol ever imagined. The Russkis definitely seem to be on the downside. They seem to be getting the hang of good grooming when they brought in white-haired, gentle-looking Yuri Andropov to replace everybody's heavy, Leonid Breshnev. Then almost immediately. Andropov becomes deathly ill. With Andropov they showed a sign that they were getting media-wise. They probably thought, "Hey. the U.S. has Reagan, we need our own Mr. Amiable. Breshnev was OK with Nixon around, but nice is in." Too bad. looks like their nice guy is out (maybe it's in their air). Perhaps the Russkis will never achieve that winning media image. And for this they may have only themselves to blame. First off, they start out by building their roofs in the shape of onions! I hat's too "San Francisco" to seriously appreciate. Then they force us to have air raid drills and build bomb shelters. Let's be serious! A bomb shelter in every yard?! Nice place to sleep-out, but I wouldn't want to live through a war in one. And school air raid drills. You and your first-grade classmates engage in precision drills of falling onto the floor and under your desk. This, in addition to the prospect of spending weeks or months in your school's makeshift bombshelter, a k a. school basement. You knew that if this ever happened —spending weeks or months with' your classmates in the basement— the result would be sweet chaos. It made the experience one worth half-wishing for, par ticulariy during winter. Bat the bottom-line for the Russkis in all of this was that they came to be perceived as a cross betwean Karl Mian and the Marx Brothers. The Space Race did nothing to dispel this hybrid Marxist image. Why were they and ourselves racing to the Moon? Was it going somewhere? What was so hot about this dust bowl in the sky? Not much scenery. Good thing the astronauts brought their golf clubs with them. Then the Russkis go and invade Afghanistan. Afghanistan?!? Why would anyone in their right mind bother? It's a barren, wind- A floatilla could have been organized. Telethons could have been held. How about it—Pooches for Peace. It's alarming to see this going on right here in the twentieth century—the one and only Modern Age. But then as Arthur Clarke said: "The future ain't what it used to be" Perhaps the Russkis' problem continued from page 1 "Well I'm not going to tell you anything," Schlegel said. This reporter next approached Al Katz. After being assured that I was not there to ask him about my criminal law final from a year ago, the question was put to him—why did the Law School hierarchy nuke the empty lot in front of O'Brian Hall? "To answer your question, the reason that we did it has to do with virtue and authority," said Katz. To that response he got nothing but a questioning glare. "The unity of virtue and within the authority metaphysical world of moral turpitude, order, continuity and sovereignty allows for the source, whether god-given or evil, to decide between guilt and innocence." This reporter attempted to elicit a more lucid explanation. "We can nuke whomever we goddamn well please, " Katz responded, finally saying something comprehensible. "If you want to know more about the virtue part go talk to Freeman." "let's make this quick, " Freeman said. "I'm off to Central America to join my com- This reporter asked why. "Isn't it obvious? If they're going to put a building there, it should be given to Tolstoy College, not the evil capitalists. They already have enough stuff. As for who authorized it, the entire administration, faculty and staff were consulted and we all agreed that it had to be done. Everyone here is very unhappy that we missed." A poll of the Law School community showed general support for this statement. "There was no fallout from this," said one professor. "We all realized that we would have to go through with it sooner or later." There was a lone dissenter, though, in Michael Schaeftler, who commented: "They twied to pierce the cawpawate whale with their wittle bomb and they failed!" Damage resulting from the blast appears to be minimal. Public Safety's Eureka confirms this: "The weapon seems to have been detonated in the wee hours of the morning when no one was in the area. And since no wildlife can exist in Buffalo anyway, it does not seem likely that the radiation will have any long-term effects on the environment." patriots." If anything, this rather exFreeman was asked what the treme action taken by the nuking of an empty lot has to School of Law might very well do with virtue. benefit U/B. University Presi"Well," he said, "we actual- dent Steven Sample, comly missed our intended target. mented, "It will actually save We were really attempting a us some money. We were plansurgical pre-emptive strike on ning to put a building there anyway. Now we won't have to the new School of Managedig the foundation." ment building." unified field theory which underlies and explains all legal doctrines. The potential value of such a discovery is unlimited. When finally understood and properly applied such a theory could be used to create unlimited amounts of legal energy. Physics of law Under Schlegel's Theory, energy is released when two traditional doctrines of Con- tracts and Torts are fused together forming a "Contort," the basic building block of all human interaction. The concept of a Contort had great legal utility and will be in- U/B graduates if they find employment One recent exam question illustrates the practical gain—Afghan dogs and nigs? satisfactorily handled through What else was there? Ceez. if application of traditional docthey needed some dogs and trines: rugs, why didn't they just ask? A masochist meets a sadist it tmw #■ fm» * -• time, candidates for the office of Acting Dean had begun to queue up outside O'Brian Hall. continued from page 1 Copher would not reveal S( Hegel's new salary, but he hinted that "Jackal Fleshman's payroll computer doesn't go that high." Dean's Wars sudden departure (on People Express Flight 500 at 5:50 this morning, according to his travel agent Laverne) has thrown the third floor of O'Brian into more than the usual chaos. Sir Thomas Headrick, reached by remote telephone from the Christ Church College meadow at Oxford, conferred (with livery of seisin) the title of Acting Acting Dean on Schlegel's eldest lineal male descendant pending vote of the faculty. That vote, however, is reportedly several weeks away, as the faculty factions have already developed in an effort to determine the course (if any) of the Faculty of Law and Jurisprudence over the next six weeks. The fight is essentially one between O'Brian fourth and fifth floor faculty members, though some of the sixth floor Clinic instructors (and reportedly a seventh-floor economist or two) have also joined the fray. Members of S< Hegel's the fifth floor faction have taken the lead of Professor Charles "Lancaster" Carr and have begun wearing red roses as a symbol of their Sensible Part platform. Not to be out- done in Shakespearean imagery, supporters of the Silly Party contingent on the fourth floor (led by Fred "Lord York" Konefsky and "Lady Pi" Avery) have adopted the white rose as their symbol in this academic war. Sir Headrick has secured the services of the Royal Shakespeare Company in choreographing the battle which is to ensue. Each faction has already begun charting its own Revision of the Buffalo Model, and students will have to choose which of two sets of Spring 1984 courses they wish to register for. Sensible Party faculty have proposed courses in "Ambulance Chasing," "Torts and Bankruptcy in Context," and "Adjectives and Verbs in Subchapter S of the Internal Revenue Code." Silly Party supporters will choose among "Aborting," "The Politics of Pooh" (to be teamtaught by Profs. Freeman and Mensch), and "Property and Capitalism;. Myth or Legend?" Both factions are holding out for an offering from Professor Mann, who in an exclusive interview with The Onion promised to accommodate both factions by offering "Con Law IV (A)" and "Con Law IV(B)" in Spring. "No one will ever know the difference," Mann remarked. Schlegel, reached at considerable expense by a roving Onion reporter who took the next flight to meet him at Club Mcd, was asked to comment on the developments since he threw the Law School into turmoil. "What's your bitch? I was going crazy in that job—decision, decisions, decisions every which way. Now I'll be able to put all that law in context." Model Solves Energy Crisis continued from page 2 nature of applying this new swept, mountainous no-man's theory to resolve common land. What is it they have to disputes which are not 4 is that they seem to have an all-male club at the helm. Where are the Russki women? They can't all be at gymnastic practice. Why not make a trade with the U.S. for some top females How about a female weightlifter for Barbara Walters—even Steven. Then we can all settle down to the important things in life. Nuke the Lot... valuable to future Lateral\ who agrees to beat the masochist for five dollars. Upon entering a room the masochist pays the sadist, falls to the floor, and pleads "Beat me, beat me!" Whereupon the is akin to the use of the sun's rays which are converted to electricity through the use of photo-voltaic cells. By and analagous process, a U/B Law student, when exposing him/herself to the Law School, absorbs enough legal knowledge to produce energy. This method is also employed by various faculty members with varying degrees of suclawyer. cess. The important thing to One faculty member ex- remember is that this form of plains the value of such doc- knowledge production is totally passive, and as such does trines this way. "When a doctrine dies it decays and emits not require participation in methane in the process. The classes or reading beyond an law industry had always run occasional outline. well on a supply of natural gas. There are drawbacks to this However, it is only recently method of legal education, that we have had the abundant however. Just as solar energy supply of freshly dying doc- will probably never replace trines to supply gas in large more conventional forms of enough quantities." energy production, this passive system of knowledge production is supplemental at best. Passive Energy Students using this method are The final method utilized at advised to develop backup Buffalo to create legal systems to provide additional knowledge is the so-called knowledge should the passive "passive system." This system system fail. have become viable in terms of recycling. Evidence of the growing use of recycled doctrines can be found in California, a state known for recognizing and applying sadist yells "No, no!", laughing unusual legal theories of seemas he runs from the room. What ingly little merit. Especially action under contract? valuable in amending Damages? Specific perfor- pleadings, the use of discarded mance? What action under doctrines is a mark of a tort? Emotional harm? Pain and resourceful Buffalo Model suffering? By solving relevant and provocative exercises such as the oneabove, students at Buffalo become skilled in creating legal resources necessary for facing the legal challenges of tomorrow. Legal Recycling The second method of producing energy at Buffalo is the practice of using and reapplying old and forgotten legal doctrines. This method had proved invaluable in light of the thousands of available discarded doctrines which, because! of rising legal costs. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1983-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1983 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/60e21c22f0397665f86d84ee13185660.pdf 8d94346ab5083583777d2ee3073d2dd5 PDF Text Text Vol. 24:7 OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 1,1984 Mahoney Returns To U/B As Criminal Procedure Prof by Wendy Cohen "I thought it would be an interesting opportunity to recon- Dean Headrick's glad to be back. File photo Back From England, Dean Plans To Stay by Wendy Cohen After a summer and fall spent researching the social and economic origins of real property law at Oxford Univer- sity, Thomas Headrick has returned to resume his position as Dean ofthe U/B Law School, saying simply, "I'm happy {to be back." Headrick's research focused on land transactions in medieval England from the late eleventh to the early sixteenth century, beginning with The Doomesday Book, the first recorded evidence of landholdings in England. The Doomesday Book, dated 1086, evidences the roots of the complicated system of relationships underlying the feudal land system, as it surveys the holdings of "barons," French warriors brought to England by William the Conqueror to soldrfy his position. Headrick noted that in the last 25 years, much new evidence on the use of land and the development of real property law has been uncovered, which was not available to earlier authorities on the subject such as Holsworth, Pollack, and Mason. In the library at Oxford University, Headrick found translations of land transac- tions, beginning late in the twelfth century during the reign of Richard the First, and continuing until the early sixteenth century. He examined between 700 and 800 of these transactions from four different regions of England in order to learn more about who was transferring property to whom and for how much money; how property was divided between family members; and how future interests were established. To check the accuracy of the translations, Headrick also examined original records at the Public Records Office in London. Headrick also took his place in the scholarly community at Oxford University, becoming a member of the senior common room at Lincoln College, attencontinued on page 6 sider fundamental aspects of the body of law I deal with every day,'" stated Buffalo lawyer Mark Mahoney, explaining why, ten years after his graduation from U/B Law School, he has returned to teach Criminal Procedure. Mahoney, an attorney with the firm of Diebold, Bermingham, Gorman, Brown and Cook, is well known in Buffalo for his defense of several highly publicized cases, including Joseph Christopher, convicted of being the ".22 caliber killer," whose case is now on appeal, and two Irish nationalists arrested in 1982 for offenses related to their attempt to enter the country. His prior teaching experience in- cludes conducting seminars as Chairman of the New York Bar Association Criminal Law Committee, and conducting a Trial Technique section for thirdyear students last semester. Reflecting on the difference between teaching a group of ninety students Criminal Procedure and teaching eight students trial technique, Mahoney said that the main problem is "communication." He added, "Fewer students will take the risk of speaking in class," when there are ninety other students present: The Criminal Procedure class is problem-oriented: the students are divided into small groups and work jointly on each assignment, whether written or for class discusssion, much as law firms work together. Mahoney hopes that the small group approach will help increase class participation, and says that he will get an idea from the written assignments Comparing U/B Law School how much material students today with the school ten years are absorbing. ago when he was a student, Mahoney's views on Mahoney noted positively that criminal law have been in- the school has retained its fluenced by the politically commitment to a grading volatile environment of the system that "doesn't enlate 60's and early 70's when courage self-consumptive he attended college and law competition for simple school. As an undergraduate at numerical superiority," and Notre Dame, Mahoney was a that the school still has the draft counselor, and the first capacity to attract better court action he was involved in quality students because of its occurred when the university low costs. He also remarked enjoined students from using that the school had not the placement office. Addi- become "stodgy" because it tionally, only two weeks after isn't trapped by a commitment he started law school in 1971, to any particular style. the Attica rebellion broke out. Although he feels law practice The Attica cases were the first is becoming increasingly major cases Mahoney worked specialized, Mahoney stressed on for his firm, (then known as the importance of a good core Doyle, Diebold and Berm curriculum, such as the one at ingham) after graduating from U/B, remarking "You can't law school. "It was not an at- specialize until you master the mosphere that would allow fundamental tools/ one to forget the importance Discussing his interest in of criminal procedure, in the criminal procedure, Mahoney struggle for a just society," Mahoney pointed out: "Rights that are continued on page 6 commented. Classroom Conflicts, Affect Exam Dates The Law School administra- O'Brian will be available for a tion plans to announce a major four-hour (exam-length) block revision of the spring final ex- any day of that week. amination schedule, in The exam schedule, which response to a scheduling con- will be revised to reflect this flict with undergraduate class problem, may bear no usage of O'Brian Hall during resemblance to the one the week of April 30, Associate distributed late last year, Dean John H. Schlegel anSchlegel indicated. He did not nounced last week. say when the revised schedule Since the Law School spring would be made available. semester begins and ends a The deadline for adding week earlier than that of the courses, even by forcerest of the University, registration, is Friday, February undergraduate classes are 3. More information about the scheduled in O'Brian Hall dur- exam schedule will appear in ing the first week set aside for the February 15 issue of The law school finals. According to Opinion. Schlegel, only one room in U/B Law School Hosts Mugel Competition by Mary Ellen Berger February O'Brian. 13 in Room 8 Participation Urged The Eleventh Annual Albert R. Mugel Tax Competition, sponsored by U/B's Moot Court Board, will be held at the Law School on March 9 and 10, 1984. This national Competition, which is named after one of U/B Law's alumni (class of 1941), traditionally presents a problem concerning two unresolved issues in the tax field which must be briefed and orally argued. This year's problem, written by Prof. Ken Joyce with "editorial and theoretical assistance from Prof. Del Cotto," concerns both the tax benefit rule and deductions for educational expenses and is available to all interesttd students until For the 1984 Mugel Competition, the U/B Moot Court Board has introduced a new requirement that all aspiring participants first compete in an Inschool moot court exercise. In past years participation in the Mugel was open only to Moot Court Board members who decided among themselves which teams would represent U/B. Increased student interest in the Competition, however, has necessitated this new requirement. Last year, one Moot Court and one non-Moot Court team argued for U/B. "Since we have such a strong tax program here at U/B Law and so many students in terested in the field, we feel it The Mugel Competition prois only right to open the Comblem has been mailed to law petition to non-Moot Court schools nationwide which have teams," asserted Dan Pease, either entered the Competition Director of the Moot Court in the past or requested inforBoard. This year, "simply the mation regarding participabest two teams of all in- tion. All schools have the opterested" will be chosen to tion of sending one or two twocompete against other schools person teams to argue at U/B, in the national rounds in and of deciding whether or not to conduct in-school competiMarch, added Pease. The in-school oral argument tion prior to entrance in the competition will be held on Frifinal rounds in March. Two day and Saturday, February 24 preliminary rounds of oral and 25. A letter of intent to arguments will be held on compete must be submitted by March 9, followed by a all participants by Monday, cocktail party for all comFebruary 13, at 5:00 p.m. Writpetitors, and quarter-, semi-, briefs which must adhere to the official Mugel rules regarding format are due on and final rounds will be held on March 10, followed by an awards dinner. The entire Friday, February 17, at 5:00 Mugel Competition is funded p.m. There is no fee for enby the $125-per-team entrance trance in the in-school comfee paid by participating ten petition. teams. Other Moot Court News Bill Hochul and Dan Pease, who represented U/B Law School at the National Moot Court Competition held in Syracuse, New York, in November, advanced to the semi-final oral rounds and were awarded Third Best Brief in the Eastern Regionals. The Competition problem concerned securities fraud and the Racketeer Influenced and Corrupt Organizations Act. Due to an administrative oversight, U/B will not be represented this year in the Jessup International Law Moot Court Competition. According to International Law Society President Chrys Vergos, the mandatory entrance fee did not reach the Competition organizers by the required date. �Vol. 24, No. 7 Wednesday, February 1,1984 Editor-in-Chief Mary Ellen Berger Managing Editor Ray Stilwell Financial Aid Update Work Study Grants Cut those excess hours and insure payment. At this point Bob Cozzie Business Manager: Work study cutback: As those however, the Financial Aid OfStaff: Robert Bursky. Leah Edelstein. Cliff Falk, Jeff Johnson, affected already know, the fice is firm on the question of Pudge Meyer, Robert Turkewitz, Jud Weiksnar, Steve Wickmark University Financial Aid office payment for houss worked in recently announced a drastic excess of the revised allocaContributors: Randy Donatelli, Jim Lagona cutback in the amount of tion after January 19,1984.how ■'- Copyright 1984, Opinion, SB A Any republication ol materialsherein is strictly proIn order to determine Work Study funds available for hibited without the express consent of the Editors Opinion is published every two weeks during the academic year It is the student newspaper of the State University the remainder of the current much money you have remainof New York at Buffalo School ot Law, SUNYAB Amherst Campus, Buffalo. New York school year. The effect of this ing in your own work study ac142b0 The views expressed in this paper are not necessarily those ot the Editorial count, subtract the amount is that persons receivcutback Board or Staff of Opinion Opinion is a non-profit organization, third-class postage have had received as of December 24, ing work study funds entered at Buffalo. NY Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Kees Composition & their allocations cut by 1983, as shown on your pay Design: University Press at Buffalo slip, from the amount showing 25-40%. up Accodirng to Cheryl on your notification letter as your revised allocation. If you Kishbaugh, Work Study CoorEditorial dinator for the University have any specific questions regarding this matter, you Financial Aid Office, the cutLetter to the Dean back was necessitated by a should call Cheryl Kishbaugh Dear Tom—Wished You Were Here much higher than normal rate at 831-3724 or see me. As the letter notifying of acceptance for work study We're sorry it took us so long to write, Dean Headrick. By the this year coupled with a higher students of the cutback intime we thought about dropping you a line and the time came for dicates, you may be able to obthan expected rate of placeactually putting it in the post, well, it was almost time for you to ment. In all, according to tain additional money from a come home! Anyway, a hearty "welcome back" is in order. Not Kishbaugh, the Financial Aid guaranteed student loan supthat we didn't appreciate every minute of Schlegel's temporary plement, provided of course Office over-allocated approxdeanship, mind you. (How about him teaching Sales and Secured $350,000. that you have not already imately on such short notice? The buck really must stop at the Dean's cuta full $5,000 loan for For Law the received students door.) We simply felt, and we've heard Schlegel to agree, that back means that many student the current year. Naturally this some things would just have to wait for your return. So before who had counted on working process involves reapplying for you get too busy with your deanly duties, we wanted you to be the bulk of their work study a GSL and waiting the up-to-date on what some of those important things were. during the second obligatory 8-12 weeks for your hours Let's start with the undergraduates; after all, it seemed that come out the biggest money. semester they showed up on the very day that you got back! We hate to losers. For One additional note: this reasons not yet say it, but this time they've gone too far. It's not just that they've Aid clear, made the Financial got classes scheduled in our classrooms; they've made our Office chose to reduce hallways look like the Kensington during rush hour. Moreover, students' allocations, not by a that we had that outburst of anti-semitic it's awfully coincidental uniform amount or even by an graffiti during their first week in the building; it's an absolute emequal proportion of the The public is invited to exbarrassment to have such conduct within the walls of our law .original allocation, .but.rather plore ."Current Issues in the school. We won't even mention the undergraduates in the library the students' allocations are Nuclear Weapons Era" in a but take our word: the solution to the exam schedulif this time, reduced 50% of the remaining free, four-part seminar series ing crisis (a story in itself) involves us having to take more out-ofbalanced theic atcount-as'of :to be offered at 51JNY at Bul-: class finals, we'll have a lot to complain about when it comes to December 1983. Thus falo. Sponsored by the the non-law school use of our library. If you walk through the students who24, worked 50% of American Medical Student that of have building, you'll see posted signs ina lot professors the Association and ~the, Western during the available hours dicating they've moved their non-law classes out of O'Brian Hall; so, since undergraduates don't belong here, and their professors •first semester lost 25% of their New York Chapter of Physitotal allocation, while students cians for Social Responsibility, don't want to be here, we think you've got a good argument for who had planned to work the seminars will be held from keeping the law school out of the university's square-footage 75-80% of their hours during 7:30 to 9:30 p.m. in Room G-26 solutions. Then there's the money situation. You've probably heard all the second semester—-as many Farber Hall on U/B's Main about the way the University screwed up on the work-study pro- Law students do —stand to Street campu,s. According to gram, and you may have heard some of the proposals for dealing lose up to 40% of their original seminar coordinator Dr. Tim Feature Editors: Wendy Cohen, Andy H.Viets by Steve Wickmark cutback should not significantly affect summer 1984 work study funds. Additional Financial News Please note that February 28, 1984 is the last possible day to have your applications in for 1984-85 financial aid. This includes only NDSL and Work Study —not TAP, SUSTA of CSL. Applications are available in this office (Room 314), at A & R, and at the Financial Aid Satellite Office in Room 232 Capen. Summer 1984 Work Study is included in this application. One more note of particular interest to third year students. Sallie Mac, the Student Loan Marketing Service,, is temporarily out of business. It is expected that by graduation time they will have been rechartered by Congress, but you' should expect that the new terms available to students interested in their services will not be as favorable as in the past. I will keep you informed of further developments. Explore The Issues •• with it. On the long-term agenda, you should give serious consideration to a proposal Steve Wickmark has mentioned to us, whereby the Law School would have more direct control over financial aid distribution among law students. With this control would come extra responsibility for processing, of course, but we think it a fair trade. (Maybe you could get work-study students to do the paperwork.) More immediately, we'd like to know what the proposed state budget has in store for us. Since we're the only program of our kind in SUNY, often we're lost in the shuffle; right now, we don't know if tuition is going up next year, much less by what amount. Naturally, we hope you'll do everything in your power to prevent or limit any increase. It'd also be kind of nice to know how much SUSTA will be awarded before the school year begins; it's now February and we still don'tknow how much this year's SUSTA is worth. On the expenditure side, we're looking forward to providing open forum for you, the faculty and the students on the subject of where money for faculty and support staff should be added and cut. In particular, a lot of us think that the Clinic and Trial Technique programs are not places to apply the knife; we'd even like to see them expanded. Was that you we saw down on the third floor last week, hanging around the Job Board? We appreciate your interest in our futures; as the New York City program and "Upstate Consortium" showed, this year isn't the rosiest of all time. We wonder (and perhaps you should) whether the "Career Development" office has changed its priorities in response to the current job climate. Sure, they're running resume-writing workshops again, but wouldn't it be nice if there were similar workshops for interviewing and other aspects of the selection process? What ever happened to the Model Law Firm program, a feature that once distinguished this place from the "garden variety" law school? (These days, the part-time clerks and ex-paralegals are the only ones with hands-on exposure to actual legal practice.) How about a word-processor or two (or three, or four.) that everyone in the school could use to mass-produce cover letters like only a few may now do? We are fully in favor of any other improvements, provided that they will be for the benefit of all students using the school's placement services. We cannot ascribe to anyone's "trickle-down" theory, and we hope you won't, either, when it comes to our future placements. We could go on, but we really must close. You are, as always, welcome to respond in or out of our printed pages. Pip-pip and tally ho, Mary Ellen Ray Wendy Andy Bob 1, February 1984 Opinion 2 allocation. Although the notice to students was dated January 19, 1984, the letter states that the cutback is/was effective as of December 24, 1983. In the unusual event that some students managed to work enough hours during the break to put them over their revised allocation, the Financial Aid Office has agreed to honor -Letter- Moot Board Commended On Desmond Byers, assistant professor in the U/B Department of Social and Preventive Medicine, the series will focus on topics ranging from the biological and psychological effects of nuclear weapons to arms control and nuclear weapons systems. Speakers and topics for February 1 are U/B professor of psychiatry Dr. Norman Solkoff on "Despair, Denial and Holocaustic Thinking" and Richard Herskowtiz, director of Disaster Preparedness Planning for New. York State on "Emergency Management and Nuclear War." "Weapons Delivery Systems and the Strategic Balance" will be discussed February 6 by Walter Simpson, U/B energy conservation officer, followed by U/B professor of political scjence Dr, Jerome Slater who will speak on "Counterforce Strategy and U.S. Defense Policy." The final seminar .on February 15 will feature Dr. Francis Lestingi (Ph.D.), associate professor of egoscience at Buffalo State University College, on "Arms Control: Some Lessons From History" and James Mang, dfrector of the Western New York Peace Center, on "Current Arms Control Efforts." Appreciate The Arts There is life outside of O'Brian Hall, and culture enthusiasts have many options to choose from when study steam flags: Wednesday, February 1 Music: The renowned Cleveland Quartet, formerly in residence at U/B, will open the the faculty of the Eastman School of Music, the Cleveland Quartet regularly tours the United States, Canada, Western Europe and Japan, To the Editor: and has also been heard in South America, New Zealand, I would like to^ake this opAustralia, Turkey, Israel, portunity to thank the Moot Greece and Yugoslavia. Court Board for its extensive second' installment of this Quartet members are Peter efforts in seeking minority and season's Slee Beethoven String Salaff and Donald Weilerstein, female attorneys and judgesto Quartet Cycle at 8:00 p.m., violin, Atar Arad, viola, and participate in judging this Slee Concert Hall, Amherst Paul Katz, cello. The year's Desmond Moot Court campus. The much lauded Cleveland will play the Slee Competition. Being both a quartet played a Presidential concerts on four of Nicolo female and a black cominaugural concert at the White Paganini's own Stradivariuses, petitor, I appreciated seeing House and were the first four remarkable instruments black and female judges. The classical artists invited to per- included in the permanent colracial and ethnic minorities in form on the Grammy Awards lection ofthe Corcoran Gallery the law school may be few in telecast. They will perform of Art in Washington. Tickets number, but it is good to know Quartet No. 11, Op. 95 in F are $2 for students, available that our presence is noticed, Minor; Quartet No. 6, Op. 18, at Harriman Hall Ticket Ofconsidered, and acted upon. I No. 6 in B-flat Ma/or;and fice, South (Main Street) camhope the Board will continue Quartet No. 15, Op. 132 in A pus, 8 Capen Hall, North these efforts. I will be glad to Minor. The Cleveland's RCA (Amherst) campus, and at the help in any way I can. releases have received six door. Thank you Grammy nominations and Opus: Classics Live, concert Deborah Marie Williams "Best of Year" awards from of Mozart compositions broadSecond Year Law Student Time and Stereo Review. On continued on page 4\ ' �Commentary? This Law School and Its "Enlightened" Left by Randy Donatelli adhere to one or more of Con/torts, "make the arguthe following: Feminism, ment" in the best "enlightenSocialism, Pro-Labor symed" tradition. Remember that pathies. Affirmative Action, in Property, private property is Cay Rights, Free Speech, not legitimate—and besides, Walter Mondale or Phil we all know that most private Donahue. property is owned by those bad guys that were described in the second paragraph. In If you want to be popular Criminal Law and Procedure, with the women in the Law the are Fascists and police School, all you have to do is criminals victims of a are keep one ear finely tuned to that society left them with no male law the students and pro- choice but to rob and kill. In fessors and wait for them to Law keep in Constitutional of say "girl" instead "woman." As soon as they do, chastise mind that the Equal Protection them in front of everybody for Clause is a panacea for socieproblems, and a command being insensitive male ty's chauvinists and for wanting all for a perfectly egalitarian society. Labor Law heroes are women to be barefoot, pregthose who know that the etc. nant, workers really own the factories and that the manageClassroom comments by ment wants to reduce "enlightened" students are minimum wage to a nickel an really the stuff that hour. In Family Law make sure heroes/heroines are made of. If to advocate sex-neutral the class is Contracts, language, homosexual marremember that a contract is a riages, and other such things. coercive device between parnot It's actually quite simple. All you have to do is follow the popular wisdom as expounded by this school's more enlightened students and faculty members. Remember, that to be a hero/heroine, you must be "enlightened." First of all, let's get some of the basic axioms down pat. Always remember that the bad people of society are white males, gays not included. If these guys had their way all women would be barefoot, pregnant, and in the kitchen; rape would be legalized; and minorities would be given a one-way ticket to their native lands, except, of course, American Indians who would be shot on sight. It's a good thing that there are places like U/B Law School to expose these awful truths. The second axiom to remember is that there are really only two types of people: the "Enlightened" and the "Fascists" (also known as con- servatives, Republicans, or Reaganites). Usually you can spot a Fascist a mile away. Fascists are those guys who do Meanderings than ten minutes. students and faculty members These resolutions should have are free thinkers who would little or nothing to do with the never dream of inhibiting the Law School and should have expression of viewpoints that strong anti-Reagan flavor are contrary to their own. So if (meaning, of course, anti- you are not yet enlightened, Fascist). this is your chance to become Finally, always remember a Law School hero or heroine. that the "enlightened" It's really very easy. to no more Political Commentary Enacting Liquor Bill Not Discriminatory by Robert Bursky of inhaling smoke from cancer sticks? NOW would probably say "yes" because, while both men and women smoke, only the latter become pregnant. If anyone or any group is guilty of abuse, it is NOW. Its utilization of a highly judgmental word ("abuse") to make a predominantly emotional argument distorts the true purpose and effect of the bill. Recently, New York City Mayor Ed Koch .put his signature on a bill requiring bars, liquor stores and restaurants to post warnings that drinking during pregnancy can cause birth defects. While there may be valid reasons to oppose enactment, the arguments advanced by the The ACLU believes that the National Organization for ties of unequal bargaining Women and the American bill reinforces "half-truths" power which is advocated and Civil Liberties Union are ill- and "inaccurate stereotypes enforced by the state. The law To be an SBA hero/heroine conceived (no pun intended). which are harmful and deof Torts evolved to protect the all you have to do is propose NOW's primary concern meaning to women." What are wealth of Capitalists against resolutions, but in so doing stems from an allegation that these falsehoods and inacthe claims of those they have remember not to put it on the the bill protects the "unborn at curacies? That drinking can't exploited. If the' class is agenda and to limit discussion the expense of women's harm a fetus? The medical profreedom." This is an erroneous fession is convinced otherwise. statement. The bill in no way That only women can become prohibits pregnant women pregnant? The proposition has from ingesting alcoholic remained unchallenged since substances, nor does it the advent of designer figauthorize owners of leaves. Such radical positions do establishments serving liquor Upon the advice of a friend, fered me a cup of coffee to refuse to do so on the basis nothing to further the women's before departing for the land (decaffeinated) which I im- of pregnancy. As Koch noted, movement, but rather discredit of sunshine and warmth (I had mediately proceeded to spill the bill is merely an attempt to it in the eyes of marginally nearly forgotten what they all over my pants. It was at educate the general public sympathetic people. Indeed, it were like), I purchased two that point in my life that I (and not just women) about the is the case that even those fulproperly conservative looking discovered that coffee does potential adverse consely in tune with the goals of the suits (one gray, the other a dark not look particulary well on a quences of drinking while movement are turned off by blue pinstripe). To say the gray suit. Luckily, though, I pregnant. The issue is not one these unduly provocative least, I found myself to be a was early and had time to dry of discrimination, but of infor- stances. Instead of alienating off. tad overdressed. mation. Rather than inhibiting actual and would-be supThe secretary at the first This second interview ac- women's autonomy, the bill porters in this manner, NOW firm I interviewed with was tually consisted of meetings facilitates it by enabling and similar organizations very pleasant. with four members of the firm, women to make an informed should widen their support "Would you like something one after another, lasting a decision as to whether they base by attacking unfavorable to drink or munch on while you total of about two hours. None should drink while pregnant. A legislation through arguments wait?" she asked. of them wore a jacket and two woman is free to ignore these that are less extreme and "A cup of coffee would be hadn't bothered with shoes. warnings and may choose to which appeal to more people. Only one was wearing a tie, literally drink her fetus out of In the the present case, NOW nice," I responded. should have voiced its objecShe looked at me with and rather loosely at that. Once existence. disgust. "Caffeine is bad for again I was seriously overNOW also contends that the tion to the bill on some right to your body," she said. "But we dressed. Nevertheless, it went bill will not protect women in privacy theory as opposed to do have carrot juice and pretty well. They hardly asked public places where "they are one based on discriminatory avocado slices." any questions at all about how likely to be subject to abuse." treatment of women. When this approach is I passed on that and sat cold it is in Buffalo. Overall, I What kind of abuse is NOW down to wait, perusing a copy was rather pleased, and I think referring to here? Physical? taken, the women's movement of the only magazine the firm with some reason: at the end Mental? Emotional? Is this bill will cease to be bogged down seemed to subscribe to, my final interviewer said of our any worse than a law requiring in its quest for more political meeting, "It's been real." You the Surgeon General to warn clout by its own shortCalifornia Surfer. This was a firm which dealt can't get a better comment the public about the dangers sightedness. than that from a Californian. primarily with insurance companies. I figured that my new I would guess that my WORD blue pinstripe would be chances of getting one of these jobs is slim to none, but it was perfect. Wrong —my interPROCESSING TYPING viewer was dressed in a beige a good excuse to leave this suit and sandles (with no tie). frozen wasteland known as Your Future Can't Wait Much Longer Creat—l was dressed for a New York for a while. The profuneral and he looked ready blem with the weather in this It's time to start preparing for your career after for a California cocktail party. part of the country, of course, law school. Prototype can help you send your well, that though everyone talks is The interview went pretty letters of application to prospective employers in though the gentleman seemed about it, no one ever does how about more interested in cold it anything it. I suppose, law firms and corporations. Our computer is in Buffalo than in any however, that we must accept technology provides custom-typed, professional qualifications I might have for nature for what it is, though I quality cover letters and resumes at prices often a job with his firm. For the tend to agree with what lower than traditional typing services. most part, his inquiries were George Sand once said: "I have Complete Editing Capability along the lines of "Isn't your no enthusiasm for nature No need for retyping when editing drafts morning when the slightest chill will car cold in the which 16 Typestyles & Symbols to Repetitive Work at Reduced Prices you get into it?" and "What's it not instantly destroy." In those Xeroxing, Printing, Bulk Mailing Choose From Jimmy Page to drive snow?" words of immortal in really like Printed to Look like Typeset In an attempt to dress down and Robert Plant: Or Typewritten Pick-Up & Delivery Available for my second interview, I I've made up my mind, wore my new gray suit. This Work Guaranteed All I'm making a new start, nearly turned disastrous Proto-Type Call 883-3348 I'm goin' to California before I even got into my interRandy Ask For Wth.a^.achjn; in,ff)y.J?eart. uu-j ..yjewjef'*, pfttee-iiAJffqr,, allying "at the firm, trie receptionist of- The Warmth of Paradise by Andy H. Viets There is no doubt in my mind that everyone is wondering what I did for my Christmas vacation, so I will devote this space to letting you know (that is, if you haven't already guessed). First, I managed to survive miserable weeks on Long Island, but then I travelled to two paradise, Utopia itself, the State of California. This latest pilgrimage to my adopted homeland, however, was more than just a pleasure seeking adventure. It was a business trip (really). As always, from beginning to end, it was a most fascinating experience. The flight out was marked by near constant feasting, beginning with a champagne breakfast and ending with a gourmet lunch of a rather peculiar looking sandwich and a small bottle of wine. This was intermingled with a number of small snacks. The airborne cuisine feature was nice but next time they can keep their food and bubbly and cut the plane fare. Then, suddenly, it was there: CALIFORNIA. I landed in San Diego and a few days later made my way up the coast to the most beautiful place on the planet —Santa Barbara. It was just as I remembered it, nestled between the Santa Ynez Mountains and the Pacific Ocean, awaiting my return. But, alas, as mentioned earlier, there would be precious little time for sun, surf or lecherous living. I (yes, yours truly) actually obtained two interviews with law firms there for summer associate positions (I was quite excited about this considering that no one in New York will even look at my resume, let alone give me an interview). P^oto I I , - - February 1, 1984 Qpinion 3 �Music, Film, Dance, Art: Take Your Choice continued from page 2 cast live on WBFO (FM 88): Billed "A Mozart Birthday Party," the concert will feature violinists Linda Fischer and Douglas Cone, violists Ben Simon and Peter Minkler, cellist Nancy Anderson, horn player Duane Saetviet, and pianist Sumiko Kohno, 8:00 p.m., Allen Recital Hall, Main Street campus. Mozart was born in Salzburg on January 27, 1756. f\\m:Sherlock )r. and College, both directed by Buster Keaton, and The Freshman, directed by Harold Lloyd, 7:00 p.m., 170 Millard Fillmore Center, Ellicott Complex, Amherst campus. Thursday, February 2 Dance:The Buffalo Regional Ballet Company will give premier performances of Gary Marino's Rumanian Dances, set to music by Bartok, and / Cot Rhythm Variations, set to music by Gershwin; and Keith Carcich's La Boutique Fantas- * POSITION * AVAILABLE t * News Editor of c The Opinion f ELECTION TUESDAY, FEBRUARY 7th at 3:30 p.m. in Room 724 All Law Students Eligible to Ru\ tfSs que (here translated as "The Fantastic Toyshop"), a one-act new with restaging choreography of a ballet first produced by Ballets Russes and featuring a score by Rossini, and Evangel, set to an original percussion score by John Santoro and Carcich, 8:00 p.m. through Saturday, 2:30 on Sunday, Katharine Cornell Theatre, Ellicott Complex, Amherst campus. Tickets are $2 for students, senior adults and the unemployed, are available in advance at Harriman Ticket Office, Main Street-campus, 8 Capen Hall, Amherst campus, and at the door. The discount for the shown in conjunction with the Fire 'n Ice Winter Carnival, at midnight, Chinese Connection and Fists of Fury, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students; $2.25, non-students. Dance: The Buffalo Regional Ballet Company performs new works by Keith Carcich and Cary Marino, 8.00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See February 2 listing for details. Final performance. Saturday, February 4 Films: Blue Thunder, recent film directed by John Badham, 4:30, 7.00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.25, students; $2.25 non-students. and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. See February 4 listing for details. Dance: The Buffalo Regional' Ballet Company performs new works by Keith Carcich and Gary Marino, 2:30 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See February 2 listing for details. Final performance. Exhibits: Gifts from Korea: Exhibit of books on Korean culture, history, literature, politics and music presented to Lockwood Memorial Library by Yonsei University, con- sidered the "Harvard of Lockwood Library Korea," foyer, February 1 through 29, during regular library hours. From Zinc and Stone to Paper, show of student works in in$1.75, Later screening, taglio and lithography, is on students; $2.25, non-students. A series of Burce Lee/Kung Fu display through February 6 in films is being shown in con- Bethune Gallery, second floor, students; $2.25 non-students. junction with the Fire 'n Ice Bethune Hall, 2917 Main Street Later screenings, $1.75, Winter Carnival. At midnight, near Hertel. Hours: Monday students; $2.25, non-students. Enter the Dragon and Return of through Friday from Noon to the Dragon, Woldman Theatre, 4:00 p.m.; Thursday evening Friday, February 3 Norton Hall, Amherst campus. from 6:00 to 9:00. Winter Carnival: Fire 'n Ice Admission, $1.75 students; The New York Landscape: This touring exhibition features colWinter Carnival, featuring a $2.25, non-students. variety of events, some requirWinter Carnival: Fire 'n Ice laborative artistry of 20 poets ing admission, will be held Winter Carnival continues on and 20 visual artists, all SUNY through February 5 on the the Amherst campus. See faculty members. Among the artists are U/B poets Robert University's Amherst campus. February 3 listing for details. Call 636-2808 for additional in- Dance: The Buffalo Regional Creeley, Carl Dennis, Irving formation. Ballet Company performs new Feldman, Mac Hammond and of the Night Shooting by Keith Carcich and John Logan, U/B painter and The works Film: Stars, 4:30, 7:00 and 9:30 p.m., Gary Marino, 8:00 p.m., printmaker Harvey Breverman Woldman Theatre, Norton Katharine Cornell Theatre, and Buffalo State College Hall, Amherst campus. See Ellicott Complex, Amherst visual artist Frank C. Ekmair. February 2 listing for addicampus. See February 2 listing Peter Sowiski and Jim Sylvia. Through February 15, from tional detail. for details. 9:00 a.m. to 5:00 p.m., Monday .Bruce Lee/Kung Fu films, Sunday, February 5 two in a series of four, will be Film: Blue Thunder, 4:30, 7:00 through Friday. unemployed, however, can only be given at the door. Film: The Night of the Shooting Stars (1982), 4:30, 7.00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.25, BUFFALO PUBLIC INTEREST LAW PROGRAM would like to thank the following businesses a&y \? for their generous support ofthe summer 1984 internship program: NO-NAMES RESTAURANT 946 Elmwood Aye. Buffalo RUBY & SONS JEWELERS VARDEN STUDIOS. 484lSelawareAve. Buffalo TALKING LEAVES BOOKSTORE * Endicott, N.Y. 3144 Main St. Buffalo UNIVERSITY PRESS DON PIRSON HOME APPLIANCE Basement Harriman Hall 3769 Delaware Aye. Main Street Campus Tonawanda THANK YOU TO ALL TICKET SELLERS AND BUYERS e^p. 4 Opinion Watchfor BPlLPprogramming in February February 1, 1984 J&o �New Waves These Are Not Your Average Cocky Roches by )ud Weiksnar Author's note: My apologies for repeatedly misspelling the name of David Van Tieghem in my last column. They are Maggie and Terre and Suzzy —the Roche sisters—and they treated a full house at the Tralfamadore Cafe to their unique style of music on the last day of classes, first semester. The crowd was* enthusiastic, appreciative, and generally just happy to be there—many who had not bought tickets in ad- vance were turned away at the sisters head off to the Conspired by Robert Fripp, proticket office. A sizable number tinental. All three sisters sing ducer of their first album. They had followed the trio to Buf- with finely tuned voices and started some songs with a synfalo from their namesake city, have good rapport with the au- thesized drum to set the beat. Rochester, where they had per- dience. Knowing their sense of humor, formed the previous night. By listening to a Roches they were probably trying to How does one describe the record you can appreciate mimic the Wurlitzer Rhythm Roches' music? You could say their song-writing talents and Master feeling you get when it's folk music that even New interesting vocal aryou walk by the organ emWavers can love: ballads rangements. Hearing them in porium in your favorite shopwithout cliches; love songs person leaves you even more ping mall. without the sap. You know impressed with their musical The audience was familiar what they're saying, but not skills. Their harmonies were as with the Roches' music. necessarily what they mean. precise and beautiful live as on Several times the first chords Maggie appeared to be the Memorex. Terre played her of a song evoked a ripple of folksiest ofthe three, like she'd acoustic guitar with soul, in- applause. The ending notes rather sit home and read the cluding an occasional often brought rousing ovaL.L. Bean Catalogue while her psychedelic riff, perhaps in- tions, especially for favorites such as "Hammond Song," Sellack," and "The Troubles" ("Going to Ireland"). Before that song, Suzzy related an interesting story about her trip to Ireland. When a reporter asked her what she thought of Dublin, she said it "Mr. LQ universitylPress WE'VE MOVED NOW located in Ro«m 213 Talbert Hall Am hers I Campus 636-2846 llours lOam -- reminded her of Buffalo. She had apparently spent some time here a few years back. The Roches acknowledged the Christmas season with a capella versions of "Good King Wenceslas" and, yes, "The Hallelujah Chorus." Only the Roches themselves know for sure if they sang those songs straight or tongue-in-cheek. Their sincerity shone through, however, when they humbly thanked the audience between encores. The Roches are offthe-wall, yet personable. The combination breeds a loyal following. After all, there's nothing worse than cocky Roches. By the way, you can save $2 off the price of most Tralf events by picking up a student discount voucher at the Record Outlet/Ticket Office in Capen. SUMMER LAW STUDY 4:15pm Mon Fri II e luke the nurk out of Joh hunting in loino IHMUS Does it Better, Faster for Less! /fosUflMSPnHBSSHHUIiY Typtstt A Pnntto Britft A Writing Dublin London Mexico City Samples Copied ALSO: Oxford Paris Russia-Poland San Diego Foreign Lh Programs Univ. of San DlagoSchool ofLaw Moala Park. San Oiago CA 921 10 •• Posters Flyer* Brochures • Tickets •• Bus. Cards c Letterheads c Envelopes 1676N.F.8M. 3171 Main St Amharat BuMo 834-704* OS-QIQO FREE BEER!! FREE PIZZA!! BAR/BRI PRESENTS STAN CHESS Discussing Summer 1983 Bar results and introducing this summer's new bar review programs. Tues., Feb. 7,1984 11:15—12:45 Room to be announced Any questions please contact the following: Kurt Amend AnnCarberry JanDavidoff Michael Colon KimCrites VicD'Angelo Mary Pat Enright JohnCurran TomGinter NeilDickson (ylOlivi" Lorri Kolbert Ed Murphy RonOsson RitaHubbard Tracey Kassman JiMPaperno Chris Renfroe JillKawa Susan Gray Irene Hirata SherriSamilow Scott Stechman Manny Sanchez DanElias Steve Wickmark Pat Turner PeteHogan 40lSeventhAvenue,Suite62NewYork NewYorkloool (212)594-3696 I February 1, 1984 Opinion 5 �VEDGE'SLAW. . . . . .by Cliff Falk Headrick Discusses Research, Law School continued from page I ding lectures and seminars on medieval history, and land conveyances, and utilizing historical sources in British libraries. "It was nice to feel like I was part of the university and one of its colleges," Headrick commented. Dean Headrick plans to return to England for four to six weeks this summer to gather additional material, and continue work on a rough draft he has for either a long article or short book. He hopes to have a first draft completed when he returns stateside, in order to circulate it to other faculty members for advice, and to have his work ready for publication by the end of 1984. Headrick asserted that he would put the Law School's welfare above his own personal inclinations. He added, however, that he has a very ministrative organization of the University is changing: two of the Law School weren't without some disagreements in philosophy, but that this is a healthy sign that we haven't lost our vitality. "I'd be disappointed if there weren't a bit of tension and conflict," to challenge us intellectually, he added. One problem that does concern Headrjck, however, is the decline in applications to our school. Law school applications are lower everywhere this year, but U/B's applicant pool may have been slighlty reduced by the increase in filing fee from $20 to $35, and by the re- academic deans who have been supportive of the Law School are being replaced by strong bias against holding any the position of "Provost." The administrative position for too search for a Provost is being long, because even if one enconducted. Headrick said that joys it, one can become stale until he more clearly sees the and jaded, which is detrimenimpact of this change in tal to the institution. "I enUniversity administrative joyed my research very much, structure, he can make no it was nice to get away and decision whether to stay on as have time for myself, and I was Dean. He stressed, however, able to gather more material that he would do so if it were than I expected. On the other in the Law School's best inhand, I'm very happy to be terests, adding that he had back here; I was at the end of been asked to be a candidate my tolerance for that kind of for jobs elsewhere, but1 had cent $650 tuition increase. life," Headrick remarked. declined, because he has no in- Although it is also possible One factor which will play clination to leave Buffalo. an important role in Headrick's Law School's Status decision on whether to stay Discussing the state of the No Plans To Leave will be the Law School's relaLaw School generally, continued from page 1 Headrick's long stay in tionship to the Unviersity. Headrick commented, "I'm guaranteed to the public as a , England does not indicate any "We've been well served in the never wholly happy with whole most often are defended definite plans to leave his posipast by the close relationship things," although^ comparing when a person accused of a tion as Dean. Noting that he of the Law School to the adus to other law schools and crime has been deprived of has been Dean for eight years ministration," which has been other divisions of the Universi- one of those rights." He exand that "you can't be in a reciprocally beneficial, ty, it is clear that "we've made plained that criminal proposition like this," without the Headrick claimed. However, a great deal of steady progress cedure, more than any other thought of leaving for different that relationship may different in the last 25 years." Dean area of the law, consistently inreasons crossing your mind, in the future, because the adHeadrick noted that members vokes constitutional issues, and that a lawyer can not effectively represent a defendant unless constitutional issues are timely raised. There has been talk of late — your telephone number and the top players or player adAsked whether he had any in organizing a Risk tourna- address; vancing to the succeeding ment. We'd like to know how — how much time you can af- rounds, and the final round qualms about representing many people actually would ford per month; taking place at the end of the clients such as Joseph be interested in participating. — whether you have a playing semester. The number of Christopher, on whose behalf If you're into it (and don't think board; and rounds, as well as the number the Erie County Public we're full of it), drop a note in —whether you'd like to be on of players that advance to Defender has filed an appellate brief, Mahoney replied, Box 443 by February 10 with a rules/procedures committee. subsequent rounds, would dethe following info: The competition would take pend on the number of original "Sometimes the worse the pro--........ 'your'riSrfteT"" "" * •prdWoiT'aTi'gnmTrfiftToVf'Baa?,- 'ftjrifif IpSnN 'Risk' — 6 Tourney Organizing dfMMtf* FiiWary f/*J»* that the opening of the City University Law School at downstate Queens College has had an effect on the applicant pool, from the large number of applications received from downstate residents, it appears not to have had much impact. Dean Headrick stated that if the application fee were responsible for lower application rates at U/B Law, he would try to get it rolled back, particularly since the Law School admissions committee no longer receives any portion of the monies collected in application fees. Headrick also promised to forcefully oppose any further increases in tuition. Mahoney Teaches to handle it—to see it in a different light, which we can't usually do because of our prejudices." Seeing the problem in a different lig^t can sometimes be accomplished; for example, in a child abuse homicide case that Mahoney defended, he asked, "Why was it that the leading local physician on child abuse appeared as a witness?" (for the father accused of the crime). Exploring such questions can lead to finding resolutions of deeper problems, Mahoney asserted. Mahoney concluded, though, that it is far more difficult emotionally to represent a client you believe morally and legally innocent, because "the ..rj2£[e.Jact. of .ijippc,e.nce doe's satisfying and challenging it is not assure acquittal." > �PAD Serves Student, School and Profession by Jim Lagona For those of you who have not heard of Phi Alpha Delta Law Fraternity International, we believe that some thought about our Fraternity is in order. We have much to offer you, both socially and professionally, and the members of PAD would like to take this opportunity to acquaint you with our Fraternity since, in reality, PAD exists for you. PAD is an international law fraternity consisting of law students, legal educators, and members of the Bench and Bar, organized to promote professional competency and achievement within the legal profession. With 163 student chapters and over 60 alumni chapters, PAD has more active chapters than any other legal fraternity in the world. As a service professional organization, PAD's purpose is serve the law student, the law .school and the legal profession. Participation in PAD does not end with graduation but continues to throughout one's legal career make valuable contacts. because of an extensive Academically, we hope to alumni network in over 70 sponsor several prominent cities. These alumni chapters speakers and we are keep their members abreast of sponsoring a Freshman final changes in the legal profession exams study meeting to aid and aid local student chapters first-year law students prepare in professional development for their finals. programs. With all that PAD Service is the cornerstone of offers, it is deserving of its our Fraternity. In the past we description as "the foremost have sponsored successful legal fraternity in world," and book sales and Red Cross of its motto "service to the blood drives. Both were very student, the law school and the profession." Our own chapter of PAD is a young chapter that has experienced a large growth in recent years. In fact, last we doubled our membership. There are many benefits to being a member of semester our chapter. Socially, our chapter has parties and afternoon "Keggers" which bring together students and ease the tensions of law school. A popular event is the beer and wings party held during the second semester. We also have several social functions with local alumni members so that our members can gain practical advice and Law Review Seeks Student Articles The Editorial Board of.the Buffalo Law Review is interested in receiving papers of outstanding quality written by students who are not members of the Review. Members of the Board believe that the Review is obligated to provide a forum for all students of the law school who desire to publish. This is not a new policy of the Review: neither of the two student articles in the most recent issue was written by an associate member. One of the articles was a seminar paper; the other is a result of research funded by the Sea Grant Program. In the future, the Board does hope to publish a higher percentage of student work and fewer professional articles. These student works need not be written under the supervision of a faculty member. Indeed, it is the Review's intention to foster a greater degree of academic freedom through the encouragement of student articles which articulate independent views. The Review will lend its utmost support to the refinement of submitted articles; however, it will not undertake to edit the views ex-' pressed by the student author. To be considered seriously for publication, a paper must meet the same standard which associate members of the Review face for promotion: the paper must be "substantially publishable" when submitted for editing. Publishable drafts must meet, at minimum, a number of criteria, including (1) traditional standards of research; (2) fully developed analysis; and (3) substantially free of major flaws in grammar or style. A substantially publishable draft may require a number of rewrites. Rewriting can include and further research "bluebooking" the footnotes, which must be well-developed. The Board will compare submitted articles to the above standards and, ultimately, to other drafts. If you have any questions, please feel free to stop in at the offices of the Buffalo Law Review, 605 O'Brian Hall. successful last semester, with the blood drive collecting 57 units of blood for use by the local community. We would like to thank all of those who gave of their time and themselves. Our most important service . law student is assistance part-time employment with in jobplacement. Finding even local attorneys who need part-time employment is very either temporary or permanent Financial difficult in the local legal law clerks. community. For permanent arrangements are to be positions PAD employs an handled by the clerk and International Placement attorney after the match is Director who solicits made. PAD offers much to its placement assistance and job announcements from our members. We invite you to join alumni members. As a member our chapter and to take of our Fraternity you will have advantage of the valuable to the access to our' national law directory of PAD alumni who you can contact directly for job assistance. In addition to this, we have a Lawyer Assistance Program which will be in full swing this semester. This program matches PAD contacts, Copy Deadline: Tuesday 2/7 Issue Date: February 15 and us at 636-2781. We wish you much luck this semester!! members looking for at least PASS WITH PIEPER The Pieper seminar is now the "hot" bar review court* in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hnrd-to-read book*. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT EARLY REGISTRATION DISCOUNT UNTIL DECEMBER 1,1983 ( BE A PART OF YOUR NEWSPAPER! Volume 24, No. 8 services, fellowship we offer. If you would like to know more about our Fraternity, stop by our office in O'Brian 113A, or call JIU «t^ ftL KMl^m ' Volume 24 _ Copy Deadline. Tuesday 2/21 No^9 lssue Date: February 29 Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 19, 38, 253 or 529 r&iM'i/i )m OpWwT" 7 �Success of the Boston Celtics and Larry Bird Should Not Surprise Fans of NBA Basketball by Robert Bursky Surprised? The fact that the Celtics are atop the NBA's Atlantic Division, sporting the best record in the league, raises only the eyebrows of those who've been preoc- cupied with Hogs and Thugs, and are just now turning their attention to the basketball court. Yes, the Celtics are back and playing with a vengeance. On a recent tear they won twenty of twenty-three games —a - player with the Celts, so he definitely knows how to win. Larry Bird. Kevin McHale was resigned. He gives the Celts the best sixth man in the league. Larry Bird. Dennis Johnson was acquired in an off-season deal. He's a top defensive guard who can score when needed, and bolsters an otherwise for- midable defense. Did I mention Larry Bird? So how will Boston fare this year in the playoffs? Very well. Well enough to win the championship series. "What about the Lakers?", you ask? Well, what about them? They'll coast into the finals as usual, laudable achievement in a league where road wins come far and few between —and dumped the 76ers into second place. There is a pot of gold at rainbow's end and the Celtics but may as well concede are heading there in grand defeat after capturing the style. In a nutshell, here's why: Western Conference ChamLarry Bird. pionship. Los Angeles will have Bill Fitch, a tempermental to shoot seventy-five percent and unstable personality, has from the field to have a chance year's humiliating playoff loss to Milwaukee. In any sport, when top teams battle one Boston is playing intense ball, Philadelphia has turned in many lackluster performances. When the team wins, it does so by a narrow margin. When it loses, it gets blown out. It's possible that the squad is laying low until the games mean something, but the 76ers currently look like last year's Celtic squad—overtired and uninspired. The Celtics, on the other hand, have much to prove to themselves, their fans and the rest of the league after last another, the winner more often than not is the team with greater desire. This year, the motivational edge belongs to the Celtics. will give the Celtics an added boost. Aside from the fact that Boston matches up extremely well against the 76ers man-toman, there remains the additional consideration of a pox on defending champions. No team wins back-to-back titles in the NBA anymore (until the Celtics accomplish the feat next year) and this trend will In addition, Boston will capthe Atlantic Division title and thus have homecourt advantage for the deciding continue in 1984. Boston will beat Philly in seventh game. In no sport is it harder to win on the road than seven and polish off the Lakers in the NBA and The Faithful in five. ture Boxing and Wrestling: Ringside McCrory... his return to boxing. This writer has no doubt that ...It seems as though Leonard could jump into the Michael Spinks has run out of Boxing Shorts: quality opponents in the lightMancini looked sharp in his ring and beat McCrory, Starlsame heavyweight division. He has round TKO of Bobby Chacon. ing, and Curry—all in the Although the stopping of the night, but even in winning, nowhere to go but up... ...Tex Cobb shines in the fight seemed premature, let- Leonard will surely take a few ting it continue could only good shots to his damaged eye. movie "Uncommon Valor." departed to Houston, where he of beating either Boston or lead to needless battering. And look at poor Sugar Ray Fights we'd like to see: Jeff need not fear winning. He Philly. The Lakers can't re...Rockin' Robin Blake, the Scales, 1972 Olympic Cold Chandler v. Lupe Pintor alienated many players last bound against those teams and former No. 2 contender for Medal winner: he fought on (1231b5); Juan Roldan v. Roberyear by limiting communica- their high-powered offense will Mancini's lightweight title, was despite damaged retinas and is to Duran; Andre the Ciant v. tions to their ears and his- die as a result. No one plays rocked for ten rounds on the presently blind in one eye Mr. T. in a steel cage match; mouth. Players would sit out a the half-court game better way to his second straight while vision in his other is and Marvis Frazier v. his father few games and lose their posi- than Boston and Philadelphia. defeat. Last time it was fading fast. Leonard needs no for putting him the same ring tions. The team lacked the Magic and company will be Crawley, this time Arroyo... part of this. He's a young man with Holmes. ...Sugar Ray Leonard proved with a nice family and finanWrestling Wrap-Up: It's cohesiveness and stability bullied off the court. necessary to be a legitimate The championship series, all he could while he was in the cial security. He has too little about time Backlund lost his ticontender. Things are different then, will be played in the ring, establishing himself as to gain and too much to lose tle...Andre was a guest on this year. K.C. Jones is easy- Eastern Conference finals, one of the greatest boxers by returning to the ring. This David Letterman's show on going and direct in his ap- which will pit Boston against ever—smart, quick on his feet, writer hopes that Leonard sees Monday, January 23. Said he proach to the game and player Philly, arguably the most bitter with lightening hands, fine things logically while he still once drank 117 glasses of beer; relationships. Consequently, rivalry in professional sports. defensive skills, great stamina, can... he quit drinking fourteen monall know what is expected of Though the 76ers were over...Watch for Pryor's return ths ago and his weight dropped and one-punch put-away them. Jones also won eight whelming last year, the tides power. Now he's proving how from retirement to fight Manfrom 545 to 497 lbs—We championships as a former may have turned. While stupid he can be in announcing cini or Welterweight Champ thought he looked slimmer... by Pudge Meyer Save money and receive continuous support from Josephson CES/BRC, America's finest academic team Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. You pay only a $50 down payment, and receive the following: • iii I^B . M3L ■"5 vRHMn •^R*3J| Svka jk r • BRC OUTLINES THROUGHOUT LAW SCHOOL Pre-enrollment in BRC entitles you to BRC Law Summaries, the finest bar review materials available, for use during law school. These Law Summaries are replaced with a new, revised set when you begin actual bar preparation in our course. JOSEPHSON ISSUE GRAPHS (JIGS) Special visual study aids popular! - very A W GUARANTEED COURSE PRICE Stop inflation! 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N.Y. 10006 (212) 344-6180 • (212) 344-6181 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3cd866a055df450c67aa8548944935a0.pdf fed021214f89fa3210ab8630191994c9 PDF Text Text Vol. 24:8 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 15,1984 Law Society Joins With Human Rights Group by Chrys Vergos The International Law Society is pleased to announce that it is now working in conjunction with the Western New York chapter of Amnesty International. A.I. is a worldwide voluntary human rights organization founded in 1961 as a result of an appeal launched by British lawyer Peter Berenson to organize practical help for people imprisoned due to their political and religious beliefs or because of racial or linguistic prejudice. Today Amnesty International can claim a membership of over 100,000 persons in seventy-eight countries and national sections in thirty-three of them. The work of the organization centers around the detention, torture, or killing of those persons termed "prisoners of conscience." These are persons, the world over, imprison- ed due to political affiliation, color, language, ethnic origin, or religious belief. Amnesty International's approach to solving this widespread problem had been to promote the implementation of universal human rights principles not only on the level of governments and international organiza- tions, but also through the concerted action of committed in- dividuals working in small local groups. Through its developed network of members and supporters, A.I. attempts to mobilize public opinion, works for the release of prisoners of conscience, protects their families from hardship and seeks to improve international standards con- munist Party (UCP). Gesto's name appeared on an Armed Forces Communique of April-1979, listing the names of persons arrested and officially charged with membership in the UCP. The details of his trial proceedings, if any, are not cerned with the treatment of known. However, Gesto was prisoners and detainees. At sentenced and today remains present the Western New York in detention at the EstableciChapter sponsors three miento Militar de Reclusion, prisoners of conscience: an No. 1 (Penal de Libertad). Uruguayan, a Soviet, and a Sergei Kovalov is a Soviet Moroccan. research biologist with more Andres Gesto Gonzales was than sixty papers in detained by government of- mathematical biology and ficials in early 1979 during a genetics to his credit. In 1969 purge of trade union activists he was forced to resign his and suspected members of the position as a senior research outlawed Uruguayan Comofficer at Moscow University due to his founding membership in Sakharov's Initiative Group for the defense of human rights. Kovalov was arrested in December 1974 for admittedly circulating copies of the sixth floor to another; the human rights Chronicle of the Documents staff, meanwhile, Lithuanian Catholic Church. He is in the process of moving its was subsequently tried a year entire collection to the newlylater and sentenced to seven cleared stacks on the sixth years imprisonment in strict floor. regime, corrective labor camp When construction begins, and to three years internal exempty stacks will be removed ile. The first part of his from sections of the fifth and sentence was served in Camp sixth floors. The Koren Center's 36 in the Ural region of Perm facilities will be constructed in under reportedJy severe the old Documents area, and a punitive conditions; his term of Construction to Begin Soon On New Library Facilities by Ray Stilwell videotaping of conference-like negotiations. The existing The metamorphosis of the Documents office will be emplaw school's Charles B. Sears tied and converted into a viewLibrary has begun. By the time ing room, and will also be the dust settles later this year, usable as a videotape studio. the library's fifth, sixth and Across from this office, along seventh floors will have entire- the wall of the building nearest ly new looks. Library officials to the parking lost, will be are uncertain, however, of playback rooms for video when the dust will begin or end presentations to be viewed. its settling; no one knows exGibson said the Koren gift is actly when construction of intended to empnhasize the new facilities on the fifth and "practical and clinical dimensixth floors is to take place. sions" of the school's curAccording to Ellen Gibson, riculum, and to take advanAssociate Director of the Law tage of such new technologies Library, the renovation of the as video. fifth floor will center around The Koren Center has been the "Koren Center" for Clinical in the law school's plans since Education. This Center, funded last year. Dean Thomas E. by Law School alumnus M. Headrick announced at the Robert Koren, Chair of the U/B 1983 Commencement that Council, will be located in the Koren had made the gift to area now occupied by the enhance the school's clinical library's Documents collec- education program. Specific tion. plans for expanding the The Documents department library's audio-visual facilities will be moving to larger have exisited for more than quarters on the library's sixth two years, however, and the floor, and construction of an ultimate expansion to the office on that floor will begin seventh floor was conat about the same time the templated since O'Brian Hall Koren Center facilities are conwent up. structed. The foreign law books once located on the What's Happening Preparations for construcsixth floor have been moved to the seventh, and the "Cases tion got under way last year, and Points" and briefs which when students from the Cironce cluttered the seventh culation Department began floor have been removed. clearing the little-used state Gibson said the renovations court materials off the seventh would not affect the lower floor. These materials had three floors of the library, and never been part of the library's she also said that the new permanent plans, but were facilities would not reduce the placed there on behalf of amount of study space downtown court libraries for so long as all parties concernavailable to students. ed wanted them there. Late The Koren Center last year, students moved the The Koren Center will form library's foreign, comparative, an extension of the Audio- canon and conflicts law collecVisual Department already tions from the sixth floor to the located on the fifth floor of the cleared space on the seventh. library. In place of the In recent weeks, they have Documents stacks on that been completing the preparfloor, Gibson said, will be taiton by transferring the "three small interviewing-size library's international collecrooms," to be used for tion from one section of the continued on page internal exile is currently being served in Magdanskaya Oblast in easternmost Siberia while Kovalov continues to suffer from increasingly deteriorating health. Said Asghen, a high school history and geography teacher, was arrested in December 1975 in the town of Oujda in northeastern Morocco. After eight months of incommunicado detention he was transferred to a penal facility in Casablanca and held there until his trial in February 1977. Asghen was sentenced to twenty years imprisonment for his membership in a radical socialist organization, les Frontistes, a coalition of several political groups that sprung up in Morocco following the banning of the communist party in 1960. Direct contact has been established with this prisoner. The next meeting of the WNY Chapter of Amnesty International will be held on Thursday, February 16, at 435 Tacoma Aye., Buffalo, at 8:00 in the evening. Anyone interested in working with the chapter or in simply learning more about the work of A.I. is urged to attend. Additionally, information on Amnesty Internaitonal is available in the ILS office. continued on page 10 J> Exams Schedule Still Not Final by Wendy Cohen The University is attempting to move undergraduate classes out of O'Brian Hall during the week of April 30, so that Law School exams can take place as scheduled, according to Vice President of University Services Robert Wagner. Unless undergraduate classes are moved out of the building during the first scheduled week of law exams in May, there won't be enough classroom space to conduct exams as originally scheduled. However, Wagner stated that since law students had already registered and started classes one week prior to the start of classes in the rest of the University, "there isn't any real option except to work around the Law School schedule," and try to move non-law courses out of O'Brian Hall during the first week in May. Shuffle off to Buffalo In the event that undergraduate classes can't be moved, a major reshuffling of the Law School exam schedule, handed out to students with their registration materials, may be necessary. Explained Associate Dean John H. Schlegel, "The pro- blem was created by the spring schedule, which leaves us without blocks of time in rooms long enough to accom- modate sitdown exams." Thus, if classes can't be moved out of the building, Law School exams may end up bunched together during the second ficials. Asked if students could do anything to ensure that the University uses its best efforts to move non-law classes out of the building during finals scheduled week of finals. Other options include week, Schlegel commented scheduling more take home ex- that although this isn't an issue ams, allowing students to self- worth taking over the Viceoffice for schedule exams and take them President's anywhere they want, or even (something students used to do closing the Law Library to in the 19605), it is possible that students not taking exams and a visit to the Vice-President by holding them there. Noting a small, well-rehearsed group that all these options leave of student representatives something to be desired, might have some effect. Schlegel stressed that the only More of the Same workable alternative is to try Exam scheduling conflicts to keep the exam schedule as close as possible to the will not end with this semester, original, although this may re- unless the Law School changes quire "screaming and its schedule to coincide with continued on page 8 bitching" to University of- Threats Affect Mugel Schedule -P. 3 CDO Plans One-to-One ~P'5 y^ y^r^ / /^ /C<^/ / \j\s y^X^ '/law School N yS\ Madness /s£/ Ss^y/ r> r / / -P 6-7 Culinary Counsel -P. 4 �Vol. 24, No, 8 Our Readers Write Wednesday, February 15,1984 Filomena Needs Our Help Editor-in-Chief Ellen Berger Mary Managing Editor Ray Stilwell Fellow Law students: In El Salvador today, there is a woman who needs your help. In fact, there are many men, Business Manager: women, and children in that Staff: Ted Araujo. Robert Bursky, Randy Donatelli, Cliff Falk, )eff country who need a great deal Johnson, Pudge Meyer, Jud Weiksnar, Steve Wickmark of help, but for now let us focus on this one woman. Contributors: Alan Bozer, Tom Cassada, Victor ) D'Angelo, Seth Filomena Claros. Repeat her Fitter, Anna Marie Richmond, Lisa Roy, Chrys Vergos name. Six simple syllables © Copyright 1984, Opinion, SBA Any of materials herein is stand for someone you've strictly prohibited without the express consent of the Editors. Opinion is never seen of known, yet she is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, a person nonetheless. She has SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed a mind, a spirit, and people in this paper are not necessarily those of the Editorial Board or Staff of love her; and today she is Opinion Opinion is a non-profit organization, third-class postage entered "missing." at Buffalo, N V Editorial Policy of Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law Fees Filomena is a third-year law Composition & Design; University Press at Buffalo student at the University of El Salvador. She is also the Secretary General of the Law Student's Association at the University. According to a cover story in Newsweek's January 16, 1984 edition, she began receiving threats and warnings in the latter part of last December. She was told to abandon her "subversive studies." One evening, in the first week of January, she was Editor #1: I've been thinking about the future of this paper. seized off the streets of San Editor #2: And? Salvador. Armed men in Editor #1: Maybe no one cares if it publishes after this year. civilian clothing threw her into Maybe no one reads it this year. Maybe no one believes this the back of a truck and drove school needs The Opinion. off with her. Since then she has Editor #2: I can't believe that. Just about every day, someone not been heard from. comes up to me and asks when we're coming out. And when we The SBA has formed a Comdo come out, everybody's reading it. Once in a while, I even get a niittee investigate to compliment on something in it. No, I don't think our problem is Filomena's "disappearance." lack of readership. E1: Readership is one thing, but authorship is another. How the hell can this paper be published out of thin air or, worse, out of good intentions alone! Don't students around here recognize that writers are what make this paper? E2: Oh, we've got plenty of writers. I dare say plenty of good writers. There are just two problems: what they're writing, and what other people think about what they're writing. E1: What do you mean? E2: Half the problem is what's being turned in to us. It's all To the Editor: thought-out and nicely written, but it's frustrating how, well, opiWe are pleased to announce nionated this paper has become. I know we should be publishing formation of the the but some of pieces, don't our writers want to commentary report chapter of The NY/Buffalo SU newi, instead of just announcing their latest peeve?' Society, an associaFederalist should be all kinds of we if printing viewpoints, We even E1: don't agree with them. I see our job as advocating a debate of tion of conservative law the issues. But, I hear plenty of criticism from our "readership" students. Federalist Society chapters about some of the "right-wing" sentiment appearing in our pages. My reaction is that those critics should put their sen- are now found at over 65 law schools throughout the countiments in writing. Put up or shut up, I say! E2: It's interesting you should mention that because, if you'll try, where they provide safe remember, a couple of years ago this paper was accused of being haven for libertarians, tradia broadsheet proclaiming left-wing views. I guess our critics, then tional conservatives, and other and now, are the ones who never write anything. Anyway, I agree right-minded individuals, sponwith you that there should be no prior restraint on the creativity sor meetings with visiting of our writers-that was the second half of the problem I academics of a conservative mentioned-but I still wonder why so few law students want to hue, and serve as springboards put "news" into "newspaper." Maybe youere right-rtiaybe for engaging the entrenched nobody would care if The Opinion dies, or if ft becomes Left. The Federalist Society something unrecognizable. E1: Are you saying that we shouldn't even care if the paper, Washington office acts as a which has served this school for 34 years, folds due to lack of stu- clearinghouse for job oppordent dedication? Do you mean that all the effort we've been puttunities for conservative law ting into this paper during our tenure is worthless? Surely we owe students (who are much in demore than journalistic indifference to this law school community! What I see as the main issue is convincing others to care. And how the hell can we do that? E2: It's nothing that you or I can do alone. People have to figure out for themselves whether they care. I think they could figure it out, though, if they just gave it a little thought. Consider this; if we turned ourselves into a super-selective organization with an incredible sense of self-importance, selecting our members through competition, there'd probably be a line of people waiting to sign up. Why do people hold against us the fact that we're not that way, that we put this paper together, and keep it running, because it's interesting and fun? That kind of atmosphere should be an attraction in itself. E1: Not that it's all fun and games, mind you, because we do take ourselves seriously. But students ought to drop by Room 724 to get involved, to pick up a writing assignment, to suggest topics to be covered, to take a turn at shooting pictures for us E2: That'd be great-if our current writers, or new ones, wanted to play more of a role in what goes on at The Opinion. Then we'd appear to be, and would be, more of a collective news organization. Certainly, if anyone's at all self-conscious about learning theropes, we could teach them what we know. I'd especially like to see people who want to run the paper next year coming up between now and April to observe and to do what they'd be doing next year. If no one does. E1: I know. We'd really have to worry about the future of the paper. ■ ■ " -« -»— News Editor: Feature Editors: Victor Siclari Wendy Cohen, Andy H Viets Bob Cozzie up We Know It's Only Freedom of the Press, But We Like It . We are asking you for a few hours of your time to help us try to contact other law elected officials, been there to stop the vicious men with narrow minds and white sheets who terrorized and killed our brothers and religious organizations, the sisters in "the south." If only U.S. State Department, the we had been there, we could Salvadoran Embassy, and have, and would have, helped human rights organizations Kitty Genovese. Please take some time and such as Amnesty International. If we can publicize this try to help publicize the disapwoman's abduction and pearance of this one woman. generate the attention of both Perhaps we will gain the the U.S. and Salvadoran release of this woman, perhaps governments, we might be able not; but at least we will send a to gain her release. If nothing message of hope to the people else, we can send a message to of that nation. Come to the next meeting. the students and faculty of the University of El Salvador and to the people of that country. George Terezakis We must show them that Chairman, SBA Subcommittee there is a world out beyond the realm of terror in which they are presently caught, and that the people of that world will actively try to help them restore the rule of law and not of force. The death toll in El Salvador is long, bloody, and brutal: 30,000 individuals murdered To the Editor: since 1980. We people, citizens In regards to Deborah of this nation, shake our heads in horror at many of the "cruel Williams' letter in the last Opinion, the Moot Court Board is aberrations of history." If only pleased to learn that our efsomehow we could have stopto a more diverse provide forts and freed ped the cattle cars the people before they'd panel of judges for the Desreached Auschwitz and mond Competition were and appreciated. I Buchenwald. If only we had recognized to would like share the credit for this change with the other persons responsible for it. The Association of Women Law Students, the Black Law Students Association, the Latino, Asian and Native Amercian Law Students Association, and Dean Vivian Garcia met mand in certain circles since January 1981), and conducts a with Moot Court Board representatives last Spring. national symposium each year Together we organized a proon topics of controversy in the law—this year's symposium cedure designed to encourage greater participation by those will be held at Harvard, lawyers underrepresented in February 24-26, and will ex- the past. amine the crisis in legal educaI want to take this opportion, including a look at the tunity now to publicly thank Critical Legal Studies movethose people for their cooperament. tion in this endeavor. (all If interested in joining Dan Pease years and faculty cordially inDirector, vited), or simply in being kept Court Board Moot informed on the progress of Federalism at U/B, please attend an Organizational Meeting on Thursday, February 16 at 4:30 p.m. in the First Floor Lounge, or leave a note with your name, box and phone number in box 575 or box 638. Respectfully, by Anna Marie Richmond Seth Coldstein, '86 Bieda, Christopher '86 The Association of Women Law Students is planning its Spring 1984 Activities. Events already on the agenda include a Wine and Cheese Reception, Feb. 21; a celebration of International Women's Day, March 8; and at least one installment of the popular Legal Careers for Women Forum Series. We are continuing our work in developing an alumae network schools, Moot Court Appreciates Others' Help Federalist Chapter To Be Formed at U/B v ■ AWLS Sets Event Dates For Spring Association of Women Law Students will host a I Wine & Cheese Reception k Tuesday, Feb. 21, 1984 in the Ist floor lounge from 4:30—6:30pm. . «• • • • • 2 "'Wfltifon "KbhlaffHtP'ita \jr ■■ • < Come & socialize & help plan our J I iJLfIJ* through which past women U/B Law graduates can help those newly entering the profession. We count all women law students at U/B as our members, and membership is open to men as well. Membership on the steering committee requires simply a willingness to work, and to attend bi-weekly committee meetings held Wednesdays in Room 10. The next steering committee meeting will be Febraury 15 at 12 noon.-*'■- "■ •■« ■ �Political Commentary Support Reagan's Election by Ted Araujo I didn'tvote for R.R. in 1980, but after looking at the cast of thousands running for the Democratic slot, I'm going to vote for the President in 1984. I'd like to run a short review and some suggestions for his next four years in office. (If you don't have anything positive to suggest, keep it to yoruself; Ron's a sensitive kind of guy.) First, with Carter raising defense spending more than 7% his last (thank Cod) year in office, could you imagine what the deficit would have been? A prominent economist said to me recently that the deficit could be directly related to several years of double digit inflation. (The price of X amount of goods increasing over time with no concurrent increase in the untiltiy that block of goods provides. (This year the Democrats are promising to decrease the deficit, but as a recent Wall Street journal article has shown, Mondale (the likely challenger) would have to increase the projected size of the deficit to keep all of his starry-eyed supporters from realizing that Fritz ain't dealing with a full deck. (One promise he is sure to keep is his proposed increase in defense spending. No party benefits more than the liberal Democrats from increases in our nation's industrial-military preparedness. Just ask Ted and Tip. F.M. will also keep his promise to give his Mom a ride on Air Force One, at taxpayer expense, of course.) If I were fat and old and rich (prerequisites for getting R.R.s ear), I'd tell him to put David Stockman in a new cabinet post: "Overseer of the Pentagon." If D.S. were allowed to run amuck in that sprawling bureaucracy, this nation would save one-third of what it spends on defense with resultant greater capability. R.R. would then be able to deflect criticism from those of you who think that he has not served the poor all that well. I'd also tell R.R. to tax Social Security benefits, put federal workers into the Social Security system, start a nation-wide job search service etc But when it comes right down to it, I'd much rather have a President with the initials R.R than F.M. An R R. glides effortlessly through conflict. It is a sign of fine craftsmanship and distinction. It's not like all the other cars on the road, but would you want the President to be a Toyota? An F.M., on the other hand, Political Commentary Flag Burners Make Confused Statement by Robert Bursky In a scene reminiscent of the campus unrest and discontent in the sixties, students at Berkeley recently burned the American flag, ostensibly to protest the incursion into Grenada. The demonstration was further proof that the anomie and political alienation characterizing the seventies has given way to a renewed sense of awareness and determination among the nation's collegiates. Unfortunately, the chosen mode of expression was more indicative of a general condemnation of America rather than a conveyance of dissatisfaction with the President's decision and subsequent implementation of if Apparently, these misin- formed souls either do not understand or do not appreciate the fact that the flag is a symbol of our country, and not an extension of a particular person or policy. The flag (in part) represents only the office of the President, not the man himself or his policies or decisions. The flag existed before Ronald Reagan became President and American troops entered Grenada, and will still be a symbol of this country when the events of 1983 and the people who made them are forgotten, save for a possible few lines in an elementary school history text. The flag is the enduring emblem of the United States, to exist for as long as the country it represents does, and is not a momentary, fleeting image of the country's past, present or future. What is so tragic about the. naivetefof such a display as occurred in Berkeley is that, while the beliefs giving rise to it may be good-faith ones, the act itself can in no way be differentiated from the same acts committed in far-off lands, by people who harbor only hatred and death-wishes for this country. Ask one such person why he kidnaps our ambassadors and bureaucrats, murders our military personnel and burns our flag. He will surely impart his hatred for America and everything it stands for. to you The source of his hatred cannot be reduced to one country's violated borders, a pocket of exploited workers, or personal dislike of American leaders. These are but salt in his wounds. It is all of these things combined, and more, that arouse his wrath and stirs him to action. If the students just a radio station. by Mary Ellen Berger Wherever it goes, it changes frequency. It gives the illusion For the first time in its of substance, when in reality it is controlled by whomever known history, the U/B Moot turns the dial. It says whatever Court Board of Directors has voted to move the dates of the you want it to say, and if you disagree with it, it will change. final rounds of the Eleventh Annual Albert R. Mugel Tax An F.M. is something that people who dream deserve. An Competition up one day to R.R., well, that's what you get Thursday and Friday, March 8 if you work. and 9, 1984, in recognition of the fact that there are Orthodox Jewish students who wish to compete and are prohibited from doing so if the Competition is held on a Saturis BPLIP Sponsors Speaker by Lisa M. Roy The Buffalo Public Law In- terest Program will be sponsoring Roger E. Stone, Esq., to speak on Wednesday, February 15 at 4.00 p.m. in Room 112. Mr. Stone runs the Client Advocacy Service, a local agency designed to consumers of the community mental health system in Western New York. Much of Mr. Stone's discussion will focus on the day-to-day dealings with mentally ill clients, the problems they face, and the issues important to them. Mr. Stone's position as an advocate is also complicated by the families of clients and by mental health professionals who may be caring for the individual, but at the expense of the individual's legal rights. Please came and bring your questions with you. Refreshments will be served. issue" concerning Cardozo, explained Pease, "and mentioned the possibility of injunctions." After receiving Prager's call. Pease contacted Associate Dean John Henry Schlegel, who called the General Counsel's Office of the SUNY system in Albany, "and the administration took over," stated Pease. Negotiations ensued between SUNY and Agudath Israel, culminating in a letter from Schlegel to Prager which day. promised that the final round According to Moot Court of the Mugel would be Board Director Dan Pease, the scheduled "early enough on original dates for all aspects of Friday afternoon so as to allow Mugel Competition were set Sabbath observers to reach last November and were contheir local abode after its comfirmed in letters sent to par- pletion, but before sundown." ticipating teams in December. According to Pease, the U/B Cardozo Law School, part of administration never directed Yeshiva University in New York the Moot Court Board to City, had contacted U/B last change the dates, agreeing fall to express concern that a generally that it was too late to Saturday schedule might disrupt the Competition's preclude their teams' parschedule. ticipation, and the Moot Court "The merit of Agudath's Board's Executive Committee position was obvious," had evaluated the situation, asserted Pease. The date considering possible schedulchanges, however, have ing alternatives. The orginal resulted in "an unbelievable Friday and Saturday dates for problem with the room situathe final rounds were tion." The panel of judges slotnonetheless set and notifica- ted for the final rounds have tion mailed. confirmed that they can all be In mid-December, Pease available on Friday, instead of received a telephone call from Saturday, afternoon. Steven Prager, General This is the first year that CarCounsel of Agudath Israel of dozo Law School has expressAmerica, a New York-based ed interest in participating in organization dedicated to prothe Mugel Competition. Their tecting Jewish legal interests team has not registered for the "Prager wanted to impress awards banquet to be held on upon me the importance of the Friday evening. SBA Analysis New Bylaw Is A Mistake by Ted Araujo Grenada is once again a vacation paradise for all capitalist imperialist freedom lovers, and the SBA seems to be releasing its authority to proclaim who is virtuous and who is evil in foreign policy. At least the SBA is opening up its agenda to those who it represents. Many moons ago, on December first, the SBA disposed of a nagging problem: democracy and the in- herent freedom of information and choice democracy claims to support. The resolution at the end of this story is now a new Bylaw America, they did so with the of our SBA Constitution, but usual (but overplayed) display the circumstances surrounding of pomp and circumstances its passage require examinautilized by a wide assortment tion. of relgious and ideological The definition of "resolufanatics. tion" relied upon in the debate Blanket statements and acts as to whether or not we, as are ineffective in framing a those who are represented by particular issue, bringing to the SBA should have a chance light a specific object of con- to comment on a resolution's cern, or conveying the underlysubstance, was "a formal stateing reasons for speech/action ment of opinion." Granted, it is directed to that concern. If a broad definition, but it was Berkeley students are well- taken from Black's Law Dicintentioned, then in the future tionary, so it is as reliable as they should employ more any. The Bylaw deals with traditional forms of protest, special resoultions anyway, so such as marches, pickets, one can anticpate that the Byrallies and resolutions (assum- law will refer to those ing a mandate by the student measures taken outside of the body) to make their views normal jurisdiction of the SBA known. In that way, their (i.e., if it's not a party, fight, criticism of governmental something to do with El policy will not be mistaken for Salvador, office space, etc.). anti-American fervor. The drgyrbingjiality.of the at Berkeley were condemning Moot Court Board Shifts Mugel Dates a forum to express their own personal views, but at the expense of the sentiments of a disclosure unless the SBA majority of the students at this deems it our right in that par- law school. I don't want ticular instance. Any Bylaw, anyone else telling me what however, can be overruled by my opinion is as to any subject whatsoever. Unfortunately, it a 2/3 majority of those in attendance at any particular seems as if the "Grenada meeting. The Bylaw, which was Resolution" would have passwatered down from the props ed anyway. What remains are ed amendment by a factor of hopes that the SBA will not be ten, was passed only through dominated by a group of the grace of Greg Phillips, who power thirsty renegades, or cast the deciding majority pass a constitutional amendvote, allowing the resolution ment that prohibits the SBA to pass by the slimmest of from issuing its opinions to margins, 11 to 5, with one media other than this paper. I like that last alternative. If abstention. want the SBA to serve only we Phillips, in support of greater disclosure to the the Law School, why does that students, felt that the body have to jump at oppor"weakness with any Bylaw" tunities for national exposure. was that it could be overruled Let them put it on their by the two-thirds vote. He felt resume, that should be that any organziation such as enough. SBA has to operate with the * * * good-faith intention of serving Bylaw 14 its constituents, or any rule Special Resolutions Any formal statement of opicould be abbrogated. Rich Gottlieb stated, in supnion concerning matters of port, that the measure would public policy, excepting act as a "safety valve for some statements involving the Law notice." School or University or directly Others were concerned with affecting the education of the impropriety of "flexing students, shall be considered a political muscle," v. "showing special resolution. Special resolutions shall be that we're rightly concerned." posted in full on the SBA office In my opinion, the SBA consists of a majority of people door and SBA bulletin board who want to represent us well, before noon, at least 24 hours and in accordance with the prior to any meeting in which majority of student opinion. the resolution is adopted. Any Board member may inUnfortunately, it is quite clear that a number of SBA represenvoke this provision as a motatives get a jolt out of having tion. passage of the Bylaw is that we, as those whom SBA represents, have no rights to .February 15.1984 Opiwon 3 �Culinary Counsel: Making Chinese Chicken by Andy H. Viets It is nothing less than a truism that a majority of the students attending this school of law must fend for themselves when it comes to satisfying their culinary desires. This leads to a tendency to frequent such eating establishments as Wendy's or McDonald's. It also results in the use of so-called "convenience foods" (a nicer term than "chemicals") found in the frozen foods section of Wegman's, Tops, Super Duper, or wherever you do your food shopping. All of these and similar means of warding off starvation can be summed up in one word-evil. As an amateur gourmet chef of little note, I offer this column to assist you in the war against your evil ways. This is the first (and perhaps last) "Cooking Column" by yours truly. Before you dismiss me as nothing more than some kind of health food nut who wants you to eat wheat germ and drink goat's milk three times a day, read on- for with one simple recipe you will learn to make a most wondrous, calorie stacked dish that isn't all that hard to make, doesn't have any chemicals in it (well, maybe a little MSC), and isn't particularly expensive (though I have to admit that I can't beat those forty nine cents cheeseburgers at Burger King). This shamefully scrumptious dish found its beginnings this past summer when an acquain- named Jennifer (from California of course) introductance New Waves^ Liquid Sky: So Bad It's Good by Jud Weiksnar Liquid Sky, the New Wave/S-cience Fiction film that might still be showing at the Evans Art Theatre, is too violent and obscene for my taste. The acting is terrible and the music is worse. In spite of itself, however, Liquid Sky succeeds. Where does the appeal of this movie lie? I don't want to say the photography is good. That sounds too much like "it has a nice personality." Maybe it's the story that makes Liquid Sky click. An alien comes to lower Manhattan via u.f.o. in search of the molecular configuration found in heroin. It starts zapping people while they're taking heroin, and later finds it likes the molecular configuration found in humans during orgasm even better. Alright, maybe it isn't the story. How about the technology? Well, this movie will never be mistaken for Star Wars. The spaceship resembles a dinner plate. The makeup, costumes and special effects look like "Wendy O Williams meets Ultra Man " Perhaps the humor was what brought me back to see this movie a second time. But what's so funny about a German scientist asking a woman what direction her apartment faces? If that's not funny though, why was I laughing along with everybody else? There seems to be a method to this badness. If Liquid Sky is seen as a spoof on low-budget sci fi films, the acting is great. In fact the hokeyness of Ann Carlisle, who plays Jimmy and Margaret (a la The Patty Duke Show), is really quite compelling. It's not easy being the most beautiful boy in the world and the ugliest girl at the same time. The violence, crude and portayal of deviant sexual behavior may be overdone, but they are not inconsistent with the plot and ambience of Liquid Sky. Something in this movie grabbed the audience, at least those who didn't walk out of the theatre during the first ten minutes. The whole place was rooting for Margaret to get her revenge in her own special way by eliminating all those who had taken advantage of her, with some help from the alien. language, Margaret accomplished that feat by giving her victims the "proper molecular configuration." At least they died happy—you could say they went out with a bang. As of deadline time, Liquid Sky is being held over for the fourth record-breaking week at the Evans theatre. Tickets are only $1.50 with a student discount card. ed me to what she called, enough, Chinese Chicken. Being a student of the law, however, and therefore not being able to leave anything simple, I not only simply tinkered with the recipe, but with the nåme as well- which itself is rather intriguing (and which will be explained in due course)-Andy's Version of Jen- continued on page 6 Students Play Baird by Thomas L. Cassada The O'Brian Hall communi- ty was treated to a demonstration of musical talent by three of its members in a well- attended recital at Baird Hall on Sunday evening, February 5. This talented trio consisted of flutist Annette Scull, clarinetist Dan Elias and pianist Jack Freedenberg. The well-balanced program chosen by this group of "lawyer- musicians" consisted of Bach's Concerto No. 3 in D Minor, and the very lyrical and provocative Suite for Flute and jazz Piano by Debussy's Syrinx, Claude Boiling. The piece by Bach, known more commonly as the Double Violin Concerto, has been transcribed for the flute and clarinet. While the famous Bach violin concerto is frequently heard in the orchestra repertoire, the flute and clarinet version is not. Ms. Scull and Mr. Elias began the program with this lesser known version and both immediately demonstrated their very solid musical abilities. It seemed to this listener that the use of the clarinet "modernized" the its 18th century origins. It was an appealing contrast. The second work on the program was a solo performance by Ms. Scull of the Romantic piece known as Syrinx. While Claude Debussy would probably take exception to his works being characterized as part of the "Romantic" tradition, one need only listen to this beautiful piece to place it well within the "romantic" (with a small r) tradition. This work is Debussy's interpretation of the story of Pan's unrequited love for the nymph Syrinx. It is essentially Pan's song of woe upon learning that he has inadvertently killed his beloved. Ms. Scull performed the peice with the tenderness and pathos that it deserves. The final piece and, by far, the show-stopper of the evening was the Suite for Flute and lazz Piano. Mr. Freedenberg played the piece with the ease of an accomplished pianist. The jazz piano and the beautifully classical elements provided by the flute started off by creating a magnificently haunting dialogue which by and fifth the fourth essentially Bardque character movements resulted in a sound of the work, while the flute of melodic harmony. This was served to keep the piece within their shining hour. COFFEE AND DONUTS WILL BE SERVED OUTSIDE ROOM 106! J "V. BE SURE TO PAY ONLY $60 TO LOCK IN THE PRICE OF $675 FOR YOUR BAR REVIEW COURSE! PAY ONLYftIOO MORE TOWARD YOUR $675 PRICE AND YOU WILL RECEIVE YOUR BAR REVIEW BOOKS! \QfIQJLmt Opinion 4 RfchMfy Ts;f«4 ■ 401SeventhAvenue,Suite62NewYork,NewYorkl0001 (212)594-3696 �Take Advantage of a Local Attorney by Audrey Koscielniak Program's value. Over 95% of There are two small changes One-to-One: Repeating a Success The Erie County Bar anything." "I would require it students will be able to review Association and the U/B Law of all students for their own the Attorney Profile cards Alumni Association have good —helps to focus on themselves and select their joined the Career practical aspects of legal attorney match. Also, Development Office in education." "This program Rochester area alumni have sponsoring the 1984 One-to- represents a most beneficial been invited to participate, One Counseling and Career opportunity to inject some thus extending the geographic Guidance Program. Its purpose 'real world' legal practice into range of the program. is not only to help students law school study. .." These are To participate in One-toexplore available career typical examples of the One, CDO recommends the options, but to increase their enthusiastic comments following steps: awareness of the realities of received from last year's 1. Review the Attorney law practice by discussing student participants. Register Categories listed in those items with a person who Attorney enthusiasm for the the One-to-One announcement experiences them daily. One-to-One Program seems to delivered to the student One-to-One makes it match that of the students. In mailboxes and select the area possible for a student to spend the past, many attorneys have of practice, type of office and half-a-day observing an gone out of their way to ensure size of firm/office that you attorney during his/her normal that the events to be observed would like to observe. routine. The student may by the visiting student are 2. Stop by CDO (Rm. 309), choose the size of the firm or interesting and valuable. It is review the Attorney Profile agency, the practice speciality not uncommon for attorneys cards, and select the attorney of the attorney, and the type of to go well beyond the one-halfwith whom you would like to office (government, public day time commitment meet. Attorney Profile cards interest, judicial, private firm, requested. The 1984 One-to- are filed by first-ranked area of or corporate legal One Program seems to be practice for that attorney. department). receiving the same high level 3. Submit Attorney Profile Last year, over 200 students of attorney support. card and Student Request Card participated in One-to-One, Approximately 250 have (the yellow form dropped off and the evaluations submitted already signed up to meet with in your mailbox) to CDO. CDO will then prepare a letter of by them confirmed1 the SUNY/Buffalo students. Construction to Begin Soon continued from page 1 new Documents office will rise one floor above the old one. A Documents "reading room" will be located next to the new office on the sixth floor, with microform collections and readers for them, but this facility will not involve construction. There should be access to all library collections while construction is taking place. Who Knows When? There is no set completion date for the projects, because there is no set starting date. According to Gibson, the construction work is not a Univer- and work will not begin until workers finish whatever campus projects happen to be ahead of them.. Library officials had been told that work would begin over intersession, immediately after workers finished removation of Bell Hall, but this schedule was not followed. According to Gibson, there is a possibility that the workers will not arrive until law school exams in early May. If this happens, she said, the work will sity priority, introduction to the attorney. the students who provided in the 1984 One-to-One Allow 48 hours for this to be written feedback felt that the Program. Unlike last year, done. time was well spent. "I when CDO made the 4. Pick up your copy of wouldn't have missed if for attorney/student match, the letter of introduction sent Students can expect sawhorses to return to the Law Library in the future as construction of new facilities is imminent. near on your behalf, as well as a copy of the Student Guidelines and Evaluation forms. 5. Call the attorney's office and set up a mutually convenient date for your visit. This Program will , be especially useful for students who want more information on alternatives available after law school. It is an excellent way to observe different types or sizes of firms and agencies, with no limit on the number of visits a person can make. For that reason, the Career Development Office hopes Audrey Koscielniak, Assistant Director of Career Development that each student will find time to see at least two or three attorneys during the year. LRev Competition The Buffalo Law Review invites all first-year students interested in participating in the annual casenote competition to attend an informational meeting on Wednesday, February 29, at 2:30 in Room 106. Associates will discuss the details of the competition, distribute additional information which may prove helpful to participants, and provide an overview of Law Review membership. The competition will be held at three different times over the coming months: during the mid-semester break, shortly after school resumes, and after the examination period. Registration will take place in the Law Review office, Room 605, between 12.00 and 2.00 p.m. on March 14-16, April 4-6, and May 12-14. The Buffalo Law Review is a professional journal published three times a year by students of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship., and to provide students with an environment conducive to completely academic independent presents, and analyzing the court's decision. Each "casenote" will be read by many Law Review members over the summer and will be judged for substance, writing ability, and form. Ordinarily, a candidate's performance in the casenote competition weighs equally with his or her first-year grades in determining whether that candidate will be offered Law Review membership. In addition the Law Review traditionally had admitted a number of "write on" competitors based solely on the outstanding quality of their casenotes. Since, in either event, a superior casenote can compensate for average or low grades, the Buffalo Law Review strongly encourages any interested student, regardless of academic standing, to enter the competition. . . research. Participation in the competiprobably be rescheduled to as unlikely that the projects tion is necessary for Law not to interfere with exams in would disrupt the Bar Exam, Review candidacy Each comprogress. She added however, which takes place in the library petitor is referred to a recently that construction scheduled in July. decided case dealing with an Gibson noted that the area any earlier in the semester of law covered in the firstsay in would probably npt be library staff has little .curriculum. The comyear rescheduled. She explained when the workers will arrive petitor is given ten days to that forfeiting the project's and the construction will write a short (no longer than begin. "It's not anything at this eight-page) paper reviewing place on the university's construction schedule could delay level," she said. "It's Vice the facts of the case, identifythe work for as much as a year. Presidents talking to each ing the important issues it Gibson said she thought it other." Does it Better, Faster for Less! Resumes Professionally Typeset A Printed Briefs Si Wilting Samples Copied ALSO: • Posters • Flyers Brochures • Tickets •• Bus. Cards •• Letterheads Envelopes 16/6N.FBIvd Amharat 834-7048 3171 Main SL Buffalo 835-0100 The U.B. Law Alumni Association, Student Bar Association, and Career Development Office will hold a series of Career Information Panels beginning at the end of the month. The tentative schedule of topics and dates are: 21 <~>~~<~~ Criminal Law 22 ~~~~~~ Practice Settings Corporate/Business 23 28 »»»»»««» Civil Litigation February~29 ~~«~— State/Local Government March 1 ~x~<>~~ Labor Law later date. February February February February ——— The final list of speakers will be announced at a Please watch the Career Development Office Newsletter for details. Feb.u3f Y >s t.l«W,' Opinion 5 �Boris' Banter —Victor J. D'Angelo Solemn SituatiorSyndrome: I La* Schoo; Overcoming a HumanFoible Man Stacks. Stacks, o coffee Machine Stacks, , Well> Well, L So^hin gfrom > 1936 U^ HelL Yellow SO up and so much more, cups, You once ran out of Chalk back nf °J your Day} night> Pour, Pour, Pour, Aboard, un the Box, Qh great me tal v gives us so much. Black or extra white. can "P against andyou'll like most law das deed, most classes It's not as if the sit so solemn for e> fact, I suspect tha fessors would prefi classes be carried c ed environment. D notice how an enl relatively intelliger loquacious law st And I watched my coffee sport- I was in church last Sunday and, as much as I try to ignore the inexplicable foibles of human nature, couldn't help noticing that while the place was almost full, the entire front half of the church was empty. I've seen this phenomenon before, so think it deserves a name: the Solemn Situation Syndrome. It's not like a movie, where a well-tempered fear of blindness keeps you but of the front row, and it isn't like an AC/DC concert, where a welltempered fear of deafness and/or sterility keeps you out of the front row. Rather, it is . I be completely sili minutes rather the question that is everyone assumes be wrong? Did you how easy it is to wi sentence after two school? At any rate, figures —be they p Cod —are there foi of the audience, titude that is less fear-oriented ma' that goal impress time you are in clt you sit in tl Answer the first q hear incorrectly t< ice. Soon everyone mend ing to give the wi and class will m< squirt down the drain. Jacket. LAW SCHOOL MADNESS! 1 «• •» ..»i ass |^ * EDITOR'S NOTE: We at The Opinion try our very best to run a serious, professional news organization. Our commitment to responsible journalism does not extend to every day of the year, however. This issue is coming Most InterestingNews Item of TheWek \ i^i \ itV i °tte"pt? ln a fleets fion' f s a ** sp \u- Editor's Note: memorandum is r entirety, at the Associate Dea Schlegel, who is The sender is Pr Boyer. Conversation mensroom 1/24Student #1: "Die your Nutshell co Student #2: "Yea Schlegel." Student #I:"Ther for that, isn't thei Student #2: "Veal trust him." 6 Opinion February 15, 1984 �How to Crash the Gate: A Guide To Partying Without Invitation by Seth Fitter and Michele Dill Spring semester is usually the time for merrymaking and partying, and I plan to do my share. But when the guest list is classes and, in- and humorously to its conclusses in general. sion. Remember, if Cod ! situation were wanted everyone to take a everyone. In back seat, he wouldn't have that most pro- given us cars with passenger >refer that their seats. I actually heard a few songs ed on in a relaxt. Did you ever I liked enough to dance to at entire class of the Three Coins party, so I was igent and often happy; I wish I were more t students can belligerent, though. It would silent for five make life so much more painthan answer a ful and embarrassing for me is so obvious and my friends if I got in fights mes they must more regularly at parties. I also you ever notice wish I had been able to help 0 write a run-on destroy the bathroom. I two years of law haven't had a chance to trash someone else's toilet in quite a ite, authority while. I always leave parties ;y professors or too soon. 1 for the benefit I want to take this opporcc, and an at- tunity to propose the first aness uptight and nual Law Lawn Chess Party. may facilitate Louis XIV loved the sport and iressively. Next used to have games at his 1 class, I recomplace (Versailles) all the time. in the first row. Everyone is forced to drink and st question you socialize with different people ly to break the as the game moves on —it's 'one will be willgreat, so talk to me if you're ine wrong answer terested. Do Svidanya, BORIS I move quickly being formulated, my name is frequently missing. Although I am disappointed, I have learned to circumnavigate around such officiality. You may ask how I do it; quite simply, I crash. What, pray tell, is crashing? Essentially, crashing is an ancient phenomenon of selfinvitation. Its official definition is "(t)o intrude upon by entering without invitation or credentials." (Webster's New International Dictionary, 2d cd. 1947). Since crashing is not limited to any social or economic group of society, here a few pointers for any • on in 2d floor -"Did you get all II courses?" 'Yeah, except for the above steps carefully. For the daring and imaginative, improvise by adding a dash of your own panache. / "* a. ** party. Follow / **'y i 24- Finally, bidding adieu, (i.e., should always be effectuated with extreme secrecy. Never thank the host/ess. S/he might take offense and most likely cause an embarrassing scene, damaging your future reputation as a crasher. The opposing minority rule requires the crasher to graciously thank the host/ess for a lovely time. Compliment him/her on his/her charming house and say that you hope to see him/her again. The minority rule relies on the fact that by the end of the party, the host/ess is so inebriated, the he/she either doesn't really care that you crashed the party, or is physically incapable of causing an embarassing scene once he/she realizes you have crashed the cutting out), / 5)a.-s jte. attitude and it will be easier to circulate. Happy Partying! out on one of those days when we just say, "What the hey, let's print it!" Every word on these two pages was legitimately submitted, by actual readers, to be published in The Opinion. Really. The following is reprinted inJts the request of Dean John H. o is its recipient. <s Professor Barry potential student crashers: The most important factor in any successful crash is the element of surprise. Therefore, the number of crashers should be limited to no more than two conspirators. It is also important to know someone at the party before you crash it. You should never wear outlandish clothes which could possibly draw attention to yourself. Finally, never arrive early; you should always be fashionably late. Once the party has been successfully crashed, the crasher should act as any normal party-goer. Mingling, which is an art of timing and conversation, is the key to any successful crash. The skill of mingling takes many years to perfect, so don't be discouraged if you don't fare well in the beginning. Mingling affords you the opportunity to sample the food, beverages and company. Remember to maintain a joie de vivre / I At. u*o r COS There's a Nutshell : there?" Yeah, but I don't » I » S„ e3re„ f :^ Why Is This Man Smiling? / ot/ c °/?i_ ""* _ia / / February 15, 1984 Opinion 7 �Law School Exams Schedule Still Not Settled table." Headrick added that we can't just say "we're a law school, go take your classes somewhere else," because we are also part of this University. However, after a year's experience with holding non-law classes in the building, we may be able to handle the situation better, and take steps to minimize any adverse impact, Headrick said. Schlegel reflected, "One is both a law school and a part of the University. There is a nice tension between having our own school, and being part of the University, but we can't eat our cake and have it too." Considering the impact of the undergraduate presence in O'Brian Hall on the building's atmosphere, Schlegel added "I don't see any real solutions to a very real problem," commenting that we may find the Student Bar Association will play a more important part in the social aspect of the Law School, as our spirit "turns to live in frequent, cheap parties," off campus. Culinary Counsel: Hawaiian Style Chinese Chicken "It was poor planning on the part of the University-they should have made an effort to preserve the atmosphere ofthe school, the camaraderie of misery loving company among law students", said third year continued from page 1 that of the University's-which might, in turn, cause problems with the timing of commencement. There is no possibility of moving non-law classes out of O'Brian Hall completely, because of the shortage on the Campus Amherst of classrooms designed to hold 80 to 100 students. Vice President Wagner stated that the University is trying to offer more cowses at this campus for students whose departments are here, and that this semester, 200 additional course sections were transferred to the Amherst Campus. In order to take students away from the disruption caused by the construction at the Main Street Campus, more large classroom space had to be found at Amherst, and Wagner said that when law classes are not scheduled in O'Brian, "it is appropriate to consider its classrooms for other needs " Wagner, Schlegel, and Dean Headrick all note that holding non-law classes in the building will continue, at least for the next few years. "I don't see how we are going to significantly change the pattern", said Wagner. Commented Headrick, "The real problem is not going to go away quickly...they built this campus without enough classroom space for the academic program they wanted to run It was predic- salt. Let it cook for about an hour on medium heat. If you Bull Chicken are using a pot which is not There is no reason to feel inmade of teflon or Silver Stone, timidated at this point-even you might want to put a very those of you who have trouble thin coating of oil in the pot to setting the oven temperature prevent the rice from sticking to heat up your frozen pot pie (I always use one of my teflon can deal with this one. Keeping pots, though, so I don't have to in mind those prophetic words worry about this). 2) Boil the hell out of the of Lucretius in De Rerum Natura (Bk. ivF'What is food chicken. 3) While steps one and two to one man may be fierce poison to others"-l offer this are going on without any tasty recipe. You will need the assistance from you, chop up following ingredients (the the pepper, onions, and amounts of which depend on mushrooms into little pieces. 4) When you're finished boilhow much you think you can ing the hell out of the chicken, eat): 1) A nice sized chicken; slice off all the poultry and 2) Some onions; chop it into little pieces. 3)A bunch of mushrooms; 5) Take out a big frying pan 4) A pretty big green bell and put all of the ingredients pepper (as suggested by "The into it (except for the rice). Bring it to a boil and then turn Bull"); 5) Terriaki or soy sauce (I the heat down a bit. By the never could tell the time most of the liquid is boildifference); ed off, the rice should be 6) Some crushed pineapple; ready. 6) To serve-Throw the rice 7) Some sugar; on a plate and then dump the 8) Some vegetable oil; 9) Salt, MSG, pepper and chicken stuff on top of it. If whatever other spices you you want to, you can have a have a lot of in your spice rack; vegetable, a salad, and 10) What's left of that bottle something to drink with it of wine you didn't quite finish (though quite frankly, I last weekend; couldn't care less what you 11) Some rice; have with it). Now eat it (and 12) Some water. don't forget to clean up afterAfter you have gathered all wards), t a& of the ingredients together, Now, wasn't that easy- and follow this procedure: incredibly delicious? Of course 1)Start the rice. I usually use it was. a double boiler, using twice as The only issue that remains much water as rice and a dash involves the meaning of that continued from page 4 nifer's Hawaiian Style Chinese Of ~ rather thought provoking name given to this thrilling culinary treat: 1) Andy's Version- Well, I had to get my name into it somewhere. 2).Jennifer'- I always give credit where credit is due, so I'm willing to leave the originator's name in the title (though after I told her what I had done to her recipe she denied all responsibility). 3) Hawaiian Style-There is pineapple in it. 4) Chinese-Remember that ter- riaki sauce you spashed in? 5) Bull-One of the people I share an apartment with said to me after I once made this mouth-watering meal, "Next time try putting some green pepper in it." I did so and thereafter have included his name, "Bull," in the title. 6) Chicken-You did remember to put the«-chicken in, didn't you? If not, maybe that's why it tasted funny. Andy's Version of Jennifer's Hawaiian Style Chinese Bull Chicken, is obviously, therefore, a combination of culinary concepts which no one individual can (or would most likely want to) take credit for. It represents nothing less than a beautiful union of artistic ideas brought together fog your eating enjoyment. Feel free to indulge at will, for as it is written in the Book of Isaiah, Chapter 12, Verse 13, "Let us eat and drink, for tomorrow we shall die." SBA Passes New Resolution Resolution Opposing SUNY Tuition Increases WHEREAS it is the objective of the SUNY at Buffalo, Faculty of Law and Jursiprudence to afford educational opportunities to persons from all segments of our pluralistic society in order that the legal profession may be broadly representative of the society at large; WHEREAS the students at the SUNY at Buffalo, School of Law have already suffered a tuition increase of $600 for the 1983/84 year over the 1982/83 year; WHEREAS Covernor Cuomo has proposed a tuition increase for law students proportional to his proposed increase of $200 for undergraduate students which would amount to an increase of approximately $400; WHEREAS these tuition increases substantially impair the ability of the SUNY at Buffalo, Faculty of Law and Jurisprudence to fulfill its mission by limiting access to public legal education to only those who can afford the ever increasing cost; THEREFORE BE IT RESOLVED that the Student Bar Association of SUNY at Buffalo opposes any increase in tuition for the SUNY system. Opinion 8 February 15, 1984. The Undergraduate Invasion Law students seem almost unanimously opposed to the of massive increase undergraduate students in the hallways, and the scheduling of non-law classes in O'Brian. The complaints center not only on noisy and crowded condisomething tions, but intangible-the spirit, and atmosphere of the place. student Jan Longe. She cited the crowds on the first floor and the impossibility of getting a seat on Baldy Bridge as two negative side-effects, adding "the Law School is losing its character and becoming like the rest of the University-a commuter school. It's getting to be a place where you bring your books to school, go to class, and go home." Discussing the exam scheduling problem, Longe said, "Exams already induce so much anxiety, that they should do everything they can to keep the original schedule." Second year student Mark Maves added that he doesn't sjee any particular need for the "poorly on the school, and the accrediting agency may take a dim view of it," he said. Finally, considering a possible change in the exam schedule, Maves stated that since law students were required to register for classes with the schedule in mind, "they won't be holding up their part of the bargain if they change the exam schedule," after students have registered in reliance upon it. An Unconstitutional Taking "I believe it constitutes a taking within the meaning of the Fifth and First Amendments," says second year student Marc Garber, concurring in the negative conclusions of his colleagues. "I recall as an undergraduate, the awestruck feeling I had when I walked into the Law School, the feeling of power that invaded the halls. There's been kind of an escape of that feeling of power, it's seeped through the doors." Garber joked that the undergraduates "have a terrible attitude- they think they're my equal." Garber added that when the Law School was being built on the Amherst Campus, Law School representatives were adamant that it maintain its autonomy; the scheduling of undergraduate classes here "is an invasion of that autonomy." Considering the crowds in the hallway and in the library Garber concluded "I'm one of the great leftists in the Law School, and I believe in sharing the wealth, but not with ingrates like the undergraduates." Focusing on the practical problems caused by the influx of students to the campus, third year student David Mar- University to schedule non-law classes in O'Brian, when other facilities are available on both cus remarked that there's a campuses. Even if there is a problem because the facilities shortage of large classrooms, can't handle the sheer number Maves noted, "this is of people using them-something they should gave particularly the parking lots taken into account when they and cafeteria. Marcus also considered having classes of noted that something had been that size," on the Amherst lost, "a cohesiveness, the feelCampus, and the problem can ing that you knew everybody. be avoided by hiring more We're becoming alienated." teachers and having smaller Added second year student Joe sections. Coleman, "Just trying to An additional problem causnavigate the halls is difficult," ed by scheduling non-law and while undergraduates are classes into O'Brian lecture certainly welcome to use rooms is that law profesors facilities in the Law Library can't even obtain a room to that are unavailable hold make-up classes in, elsewhere, it would be nice if Maves pointed out. This lack the Law School had been built of space and resultant lack of off the academic spine, inscheduling flexibility reflects stead of interconnected to it. PI'OTO ~~ IIIDP WORD PROCESSING - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need tor retyping when editing drafts 16 Typestyles & Symbols to Choose From Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Printed to Look like Typeset Or Typewritten Pick-Up & Delivery Available All Work Guaranteed - 883-3348 (^all PRbTO-TvPE Ask For Randy �State Bar Argues for Increased Court Funding The New York State Bar evaluate the Court System's Association is calling on the budget requests in light of curGovernor and the Legislature rent court conditions and to provide proper funding in caseloads. the new state budget to enable "The understanding and supthe courts to handle their port of the Legislative and Exmounting caseloads and serve ecutive branches are crucial to the needs of the people for the success of the Judicial timely justice. Branch," Fales said, pointing Over 2.2 million cases were out that although the court disposed of in New York State system needs but a small segin 1982 alone, an increase of ment of the state budget, the about 10 percent over 1981 so Judicial Branch is a co-equal branch of government with a support for the budget requests of the New York State critical role to play. "The judiciary is not like an ExUnified Court System is imperative, NYSBA President ecutive Branch agency, but is a Haliburton Fales said on constitutionally established January 30, 1984 at a press separate branch of governconference in Albany, ment with unique obligations presented jointly with the New and responsibilities. Its York State Trial Lawyers workload is not selfAssociation and the Women's determined or controllable. Bar Association of the State of Case filings are determined by police or prosecutor activity, New York. The three Associations stressed the common new legislation, changes in the concerns of the bar to assure economy and the proclivity of that the courts adequately persons to litigate-all beyond meet the needs of society, the the control of the judiciary," criminal justice system, and in- he said. The Court System's general dividual litigants. "It is our practical observafund request of $610.1 million tion that in many parts of the includes an increase of $54.4 State the court dockets are so million over the current fiscal crowded that the time to get to year; $49.4 million of this sum trial is long and resources must is for legislatively-approved be wasted in determining who collective bargaining raises gets the chance for a trial part. and benefits for non-judicial This reduces the incentive for clerical and uniformed personsettlements and pleas and fur- nel, and to cover the effects of ther congests the system. inflation on non-personal and There just have to be more court-related services. trial parts available in the metropolitan areas," they said. Expanding Critical Areas needs are These A further $5 million of the documented in a study commissioned by the NYSBA and general fund request is prepared by the National designated for new or expandCenter for State Courts to ed activities which address critical areas. Fales specifically cited funding for 10 more desperately needed Housing Court Judges in New York City to handle cases involving such basic human concerns as having a warm and decent place to live. "Tell people who are being evicted that they must wait to have their cases heard, and you will see what not having enough judges means in basic human terms," Fales said. The Housing Court is the center of a new battle between landlords who, under legislative encouragement from the new July 1982 conversion law, try to convert real estate from rental status to cooperative or condominium ownership and tenants who want to remain in decent housing. Given the stakes involved the issue of whether the landlord's oil supplier goofed or whether the landlord is trying to drive the tenants out is not a petty squabble. In addition to the Court System's general fund request, $69.58 million is being sought to fund three areas critical to the continued functioning of the court-appointment of additional judges, improvement of court facilities and judicial salary increases. Filling Judgeships Some $10.1 million of the $69.58 million is requested to fill 30 judgeships-19 in the Court of Claims and 11 in the New York City Civil Courtwhich were previously authorized by the Legislature in 1982, but went unfilled by Governor Carey. With respect these positions, Fales said "there are simply not enough judges to do the job, and these positions are sorely needed to prevent the ever-mounting caseload from becoming jammed at the courtroom door." to Increasing Judicial Salaries The Court System has also requested $20 million for judicial salary increases. Pointing to the report of the Temporary Legislative Commission on Judicial Compensation, Fales noted that judges have been left behind in salary increases. "Since 1975 Executive Branch salaries have gone up 100 percent, judicial salaries only 33 percent," he said. Recently, there were 78 per- sons in the Executive Branch who made more than a Judge of the Court of Appeals. Now there are more than 110 Coun- ty employees in Nassau County alone who earn more than a Justice of the Supreme Court. "The judges deserve a salary increase," he said. Fales referred to the study commissioned by the NYSBA which indicated that New York's judiciary must attract and retain members of the highest caliber if justice is to continued on page 10 The Latino, Asian, and Native American Law Students Association is happy to announce that elections for Board Member positions were held on February 1,1984. The results of these elections are as follows: •Alberto Benitez President •Caria Reynolds Vice President Daniel Figueroa Secretary • * Treasurer Dennis Ng WITH ADDHIONAL $75! LAST DAY TO SIGN UP WILL BE MARCH 9th TENTATIVE LECTURES WILL BE ON »» MARCH 11th and MARCH 13th I EXAM WILL BE HELD ON»» MARCH 15thl IRVING YOUNGER CPLR TAPE WILL BE SHOWN IN MARCH! \Q)IQJLIIUI I (212)594-3696 401 Seventh Avenue, Suite 62 New York, New York 10001 February 15,: 14*4 Opinion 9 �Law Society Joins With Human Rights Group University of Santa Clara Law continued from page 7 SUMMER PROGRAMS ABROAD The ILS is currently compiling a file on summer programs in international and comparative law. The following is a sampling of what is available for this summer. In most instances students wishing to participate must have completed at least one year of study at an accredited institution by this summer and must currently be in good standing. School Geneva/Strasbourgemphasis on public international law, humanitarian and human rights law; Tokyo-emphasis on comparative and international trade law; Oxford-emphasis on comparative law (tutorial) Hong Kong-emphasis on trade and commercial law These are generally six-week programs of moderate cost, (Santa Clara tuition plus room and board plus air fare). Addi- tionally, internships may be set by the student for up to two extra credits. University of San Diego Law School Paris-commercial law London- commercial law Russia/Poiand-East-West Relations, Socialist theory Mexico City-commercial, immigration law Oxford-mix Dublin-mix, human rights law That's Entertainment < Choose a Cultural Diversion Wednesday, February 15 Music: The celebrated Cleveland String Quartet, formerly in residence at ÜB, now at the Eastman School in Rochester, continues the annual Slee Beethoven String Quartet Cycle, 8:00 P.M., Slee Concert Hall, Amherst campus. The quartet, playing of four Stradivariuses owned by Paganini and now in the permanent collection of the Corcoran Gallery, will perform Quartet No. 5, Op. 18, No. 5 in A major and Quartet No. 13, op. 130 in B-flat major. Quartet members are Peter Salaff and Weilerstein, violins, Viola, and Paul Katz, cello. Tickets at $6, general admission, and $2, students, available in advance at Harriman Hall Ticket Office, Main Street campus, 8 Capen Hall, Amherst campus and at the door. Donald Atar Arad, Opus: Classics Live, broadcast rive over WBFO (FM 88): Flutist Rhonda Schwartz, guitarist Leslie Kainz and Pianist Barbara Wagner, perform works by Poulenc, Ibert, Giuliana and Demillac, at 8:00 p.m., Allen Recital Hall, first floor Allen Hall, Main Street campus. Thursday, February 16 Dance: The Zodiaque Dance Company opens a show of new works choreographed by company directors Linda Swiniuch and Tom Ralabate, along with Tressa Gorman, Eileen Lamber, Katherine Arnott, Terry Ann Umanoff, Susan Gordon and Kurdziel-Formate, at 8:00 p.m., U B Center Theatre 681 Main Street, Buffalo, The production, which marks the tenth anniversary of the company, is entitled "Fantasy," and features works set to a variety of composers and wideranging themes and artistic inspirations. Tickets at $6, general admission, and $4, students, available at all Ticketron outlets and at the door. Lyrtne Photography Exhibit Opening: A show of theatre and dance photographs by Irene Haupt opens with the beginning of Zodiaque Dance the Company's tenth anniversary show. Center Theatre Lobby, 681 Main Street Buffalo. Haupt is a noted area theatre and dance photographer whose photos have appeared in the New York Times and Saturday Review, as well as in many Opinion 10 Buffalo publications including many published by U B, where she does frequent freelance work. Lecture: Photographer Susan Eder, whose photos are being exhibited in the " Common Demoninators" show in Bethune Gallery will discuss her work at 8:00 p.m., in the gallery, 2917 Main Street near Hertel. Walter Fauntroy, Non-voting representative of Washington DC. in the U.S. Congress and civil rights leader, is tentatively set to speak at 7:00 p.m., Slee Concert Hall, Amherst campus, in a "Black History Month" event sponsored by the Black Student Union. Admission, $.50, Students; $1, non-students. Film. Christmas, Mr. Merry Lawrence, 4:30, 7:00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only, $1.50, students; $2.50, non-students. Later screenings, $1.75, students; $2.50 non-students. Friday, February 17 Lecture: Paul Sharits, professor in the U B Center for Media Study, and an internationally known filmmaker, will lecture on surrealist painters Marcel Duchamp, Salvador Dali and Man Ray and will screen a film by each, 8:30 p.m., Albright Knox Art Gallery Auditorium. Part of the "Evenings for New Film" series sponsored by the gallery. Sharits is also a painter and sculptor whose works have been exhibited at the Albright Knox and at the Whitney Museum in New York. Dance: The Zodiaque Dance Company presents "Fantasy," 8:00 p.m., U B Center Theatre, 681 Main Street, Buffalo. See February 16 listing for details. Music: The Buffalo Baroque Ensemble, formed in 1983 and dedicated to the performance of music of the baroque and classical periods, performs works by J.S. Bach, Telemann and Couperin, along with works by lesser-known composers, at 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. The ensemble uses period instruments; members are Deborah Creitzer, baroque violin, Joyce Phillips, baroque flute, Nancy Bren, viola da February 15, 19»4 gamba, Robert Klakowich, harpsichord, Jocelyn Alaimo, soprano, and John Kascprowicz, tenor. Tickets at $5, general admission; and $2 students, are available at Har- riman Hall Ticket Office, Main Street campus, 8 Capen Hall, Amherst campus, all Ticketron outlets and Black Mountain College II offices, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. Film: Merry Christmas, Mr. Lawrence, 4:30, 7:00 and 9:00 p.m., Woldman Theatre, Norton Hall, Amherst campus. See February 16 listing for details. Three films: Third From the Sun, A Passage for Trumpet and Girl with Hungry Eyes, Midnight, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students: $2.50, non-students. Saturday, February 18 Cultural Festival: Chinese Night, cultural program offered by the Chinese Student Association, 8:00 p.m., Slee Concert Hall, Amherst campus. Admission. For information, call 636-5417. Dance: The UB Zodiaque Dance Company presents "Fantasy" at 3:00 and 8:00 p.m., Center Theatre, 681 Main Street, Buffalo, See February 16 listing for details. Film: Twilight Zone, 4:30, 7:00 and 9:30 p.m., Woldman Theatre, Norton Hall, Amherst campus. Admission, first show only $1.50, students; $2.50, nonstudents. Later screening, $1.75, students; $2.50, nonstudents. Three films: Third from the Sun, A Passage for Trumpet, and Girl with Hungry Eyes, Midnight, Woldman Theatre, Norton Hall, Amherst campus. See February 17 listing for details. Temple University Law School should be taken up with the Athens, Rome, Tel Avivadministration separately, as it is not automatically granted. primary focus in each is comOn Thursday, February 23, parative/international law, but each session is also integrated the ILS will sponsor an open withthe host country's legal in- house for all those students institutions. terested in studying abroad University of the Pacific, this summer. (Room 113 from 12 to 3:00 in the afternoon.) McGeorge Law School Edinburgh-International FILOMENA CLAROS Business Transactions The recent kidnapping of Salzburg-International Salvadorn law student Filomena Claros is an issue Legal studies that we, as fellow law students, Budapest-East-West Relations should take to heart. As some All are three-week sessions. already know, Claros, the with secretary-general of the law Other programs McGeorge offer the possibility students' association at the of post-JD study as well as in- University of San Salvador, ternships with foreign legal was abducted by unknown peroperations of public agencies, sons while walking in company legal departments, or downtown San Salvador. There private firms located in is evidence that she had been Austria, Belgium, Denmark, receiving threats for some England, France, Germany, time, as a result of her work at Ireland, Italy, Netherlands, the law school. A form letter Spain, Sweden, Scotland, or requesting that steps be taken Switzerland. to secure her release-or at the Some other programs being very least to make publicly offered this year include two known her present physical three-week sessions on private condition-is available at the and public international law at ILS Office. Please find the time the Hague Academy of Inter- to stop by and send one out. national Law (scholarships JESSUP COMPETITION The ILS regrets to announce available in certain instances). Southwestern University that due to a mix-up on its part, School of Law is offering a six SUNY Buffalo will not be week program at Zhongshan among the participants at this (Sun Yatsen) University in the year's Jessup International city of Guangzhou (Canton) Moot Court Competition. China, focusing on interna- Although a team had already tional trade law. The Universi- been selected (Mary Gehl, Pat ty of Houston Law Center is ofHiggins, and Craig Shields), the fering a month-long Mexican entrance fee was not submitted on time and as such we Legal Studies Program in Mexico City. Also, the University of have been denied the opporSan Francisco Law School is tunity to participate in this again offering its program at year's event. The situation is Trinity College, the University especially regrettable in light of Dublin, focusing this year of the past experiences U/B on individual rights and liber- teams have had, not only in ties, labor law, comparative preparing themselves for the labor law, and evidence. competition but in meeting Since these programs are other students interested in inABA approved, participants ternational law. We would like may receive anywhere from to take this opportunity to exthree to six credits (eight with tend our sincere apology to the an additional internship) in team members and all others many instances tranferrable to who took the time out from a degree of Juris Doctor. busy schedules to submit Residency credit, however, casenotes. State Bar Argues For Court Funding continued from page 9 be administered competently and fairly to all litigants. The study recognized New York's current fiscal concerns, but stated that the people would be the ultimate beneficiary of actions taken by the Legislature to ensure a fairly compensated judiciary. "Viewed in this manner," the study .said, "judicial salary increases are a sound investment toward the maintenance of a sound judicial system responsive to the needs of the people." To face the mounting branch of government can carry out its mission is best demonstrated by approving a budget which has been reasonably justified," the study concluded. "The Governor claims the judges should do more with less, and they have," said Fales. "We are now at a point where there are so many cases clamoring to be heard that it is hard to get anything done," he added, noting that "it is impossible to try 2,245,000 cases a year; but if only a very small portion gets reached for trial, nobody settles and nobody pleads. Instead they make motions and add to the burdens of the courts. We are getting to that kind of grid lock." He pointed out that judges cannot Sunday, February 19 Dance: The UB Zodiaque caseload, the courts have been presents shifting resources, through Dance Company "Fantasy" at 3:00 p.m., UB such programs as the transfer Center Theatre, 681 Main of judges to New York City and Street, Buffalo. See February from civil to criminal calendars. "But shifting judges from 16 listing for details. Music:Marjorie Lord, pianist, a busy court to a busier one refuse to take cases because gives a M.F.A. recital at 8:00 merely defers problems, and they are too busy and they canp.m., Baird Recital Hall, Room emphasizing criminal case not give less than due process dispositions penalizes the to litigants. 250, Baird Hall, Amherst cam"The bar is adamant that the average civil litigant," the pus. out. courts be no longer starved for Twilight study pointed Zone, 4:30, Film: 7:00 and 9:30 p.m., Woldman "It is simply not enough to funds-1.5 percent of the state Theatre, North Hall, Amherst tell the courts that they must budget is too little to accord to campus. See February 19 do things better and faster. the third branch of governConfidence that a co-equal ment," Fales concluded. listing for details. �NON-SENIORS > * -. ■ ■ — ■ ■* SAVtn MARCH IS THE MONTH! 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'EXAM WRITING LECTURE CASSETTE: First year enroDees receive valuable "How To Write Uw Schol Exams" lecture by Professor Michael Josephson (Standard C-90 audiocassette) FREE MULTISTATE PROFESSIONAL provides special Law Summary, lecture «■ and testing (or BRC enrollees at no extra — Marino-josephson/BRC "m Bi. niiilß^a^l^^»>iiiin« 10 East 2lßt St,RM. 1206. NY, NY, 10010 4^T RESPONSIBILITY COURSE : In states requiring the MPRE, BRC cost.(ssoto non-BRCenrollees). 1 T MMfRI bW *__ 212/505-2060 Wbru^y'lS'/f*«<l OptH^h 11 �Today's NBA Stars Superior to Yesteryear's by Randy Donatelli higher. No such talk was heard around the NBA^ years ago. Today's players are so big and jump so well that dunking the ball through a ten foot hoop is not as challenging as it used to Baseball fans often argue that the ball players of yesteryear are better than the players of today. Others have been heard to say "Ty Cobb be. would only be a .320 hitter if he played today" and "the '76 Shooting Averages Reds could take the '27 Not only are today's players Yankees in four straight." Both bigger, stronger, faster, and sides in these debates can better jumpers than the oldmake persuasive arguments, time players, they are also far but the same cannot be said if better shooters. It is time that the topic of the debate is pro we examined some statistics basketball. There is absolutely that pretty much speak for no doubt that the quality of themselves. In 1954 the league today's players, on the whole, shooting average was a is far superior than that of players of thirty, twenty, or even ten years ago. If you have ever seen films of NBA games of twenty years ago, then you will no doubt agree with my claims. An obvious change in the quality of the game is displayed in the increase in player size over the years. Thirty years ago the average player was 63"; today the average height is 67". Let's face it, basketball is a big man's game, and big players more often than not can dominate smaller players. Today, players 67" and taller play the guard position with ball-handling and shooting skills that would make the "skilled little men" of bygone days envious. Today's player is far superior in the category of athletic pure ability, particularly in the area of jumping ability. Recently, there has been talk of raising the rim to twelve feet or even composite .371, with the high team at .400, and not a single player in the league shot .500 or better. In 1964 the league average stood at .433, with the high team at .453, and only three players shot better than .500 that year. By 1974 the league average had risen to .455, with the high team eft .492. Today, the league average is .497 and many teams shoot better that .500. In fact, about half of today's players shoot .500 or better, including many guards who rarely take inside shots. The phenomonon of guards shooting this well dates back only a few years. Those who claim that they played better defense in the old days simply ignore the fact that the league shooting average has increased virtually every year since the birth of the NBA. Free-throw percentages are the most objective of statistics because success has nothing to do with exceptional size, speed or other assets of today's players, but even still, these percentages have risen steadily and significantly over the years. So, can there be any doubt that today's players are better shooters? Celts: Case in Point Allow me to make one more comparison. Let's match up the NBA champs of '73-74, the Boston Celtics, with the '83-'B4 Celtics, to further support my claim that the quality of play has continually increased to the extent that there has been a noticeable improvement even in the last ten years. At center the 74 Celtics had Dave Cowens, the '84 Celtics have Robert Parish. Cowens was a fierce competitor and a great player by anyone's standards but, at 69", he would be too short to play center in the NBA today. Parish is 7'o" and is a better shooter and shotblocker than Cowens ever was. I'll concede John Havlicek at forward over Cedric Maxwell but at power forward Larry Bird is better than Don Nelson and Paul Silas combined. I would even claim that Bird is a better small forward than Havlicek was. Bird is a better shooter, he is the best passing foward in the history of the game, and he is four inches taller than Havlicek. Even though the Celtic guards of '84 are not spectacular, they are at least as good as Don Chancy and Jo Jo White. In addition the '84 Celtics can bring the great Kevin McHale off the bench to play forward or center. The 74 Celtics had such losers as Henry Finkel and PASS WITH PIEPER The Pieper seminar is now the "hot" bar raviaw count in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT Jim Ard to come off their bench to spell Cowens and co. In short, today's Celtics could blow the 74 Celtics right off the court, not to mention what would happen if a team of today played any team from 1964 or 1954. Wrestling Fever- It's Contagious by Pudge Meyer Yes sir, I'm on my way. I've finally landed solid on the first rung of that infamous ladder that leads up to success. The first rung is called Recognition, and the second is Respect. The cash is on the third rung. A three-rung ladder may seem easy to climb, yet the rungs are so very far apart. My recognition has come thanks to the most aristocratic of sports: Professional Wrestling. People from all walks of life have approached me with such news as " I saw wrestling over the vacation" and "What do you think of the new champ?" It is then that I became wrestling's Ambassador to Buffalo. Recognition isn't always a good thing. Of course, it's nice to walk into a place to get a haircut and have a half-dozen people yell "It's him-the wrestling guy!" But it gets to be a pain having to answer questions while I'm getting a shampoo. At least they could wait until I get in the chair. And even today, in 1984, there are the two in ten who for some reason or another still refuse to recognize wrestling as the great sport that it is. To this group I can only say this: sooner or later we're gonna getcha. I can sense that I'm approaching rung number two in the race for wrestling respect. On Tuesday night, February 7, at the Buffalo Aud, no fewer than twenty-nine people (not including undergrads) joined me at ringside. I get great satisfaction accompanying first-time viewers. Sometimes they said "It's so much better than on t.v." But usually they just sat there with their mouths open. And by the third match they were screaming as loud as I was at the collection of talent that graced the Queen City that fine Tuesday evening. What have we done to deserve the presence of Andre the Giant, Ivan Putski, Santana, Murraco, Atlas, Johnson, Fuji, Saito, the Sargeant, the Superstar? But don't answeryou also get a midget tag team match. Now how much is it worth? The price of a movie? Three movies? And wait—l'll throw in a free program. You get all this for $7-$9. And the best part is, its's not a once-ina-lifetime offer. Boxer Shorts Donald Curry looked impressive in his win over Marlon "Lone Star" Starling to retain his WBA Welterweight crown. The victory was worth $250,000 and a chance for big money against Hearns or Duran... ...Whether or not it will happen, you've got to like Hagler: "If Leonard's stupid enough to climb into the ring with me, I'm mean enough to tear his eye out." Advocates On Ice Still In First by Al Bozer Wheatfield, Feb. 6--Advocates on Ice, the official law school hockey team, this evening pushed its season record to 5 wins and 1 loss with a win over the unmentionable No Names. By a tight score of 2-1, Capt. Al Bozer and his Advocates retained their tight hold on first place going into the last two games of the season. "The issue was in doubt to the end," remarked Capt. Bozer. "It was only the fine ("Ironman") work of Tom ("Sterling Nets") Grue that kept us in there. One seldom sees such acrobatic actions; he bounced from poleto-pole like Schlegel on a good day." The game started off with fine forechecking by the law school ice heroes. Forwards Ken Moscowitz and Bob Spagenthal kept the pressure on the No Names so that the puck was rarely out of their end. Meanwhile, left-winger Jim ("Pinko") Navaugh picked up the scoring slack left by injured center Kevin ("Cretzky") Szanyi. Navaugh scored twice on nearlyimpossible angles. "The guys were encouraging me," said Navaugh. "I had to come through. Capt. Bozer in particular was kicking my ass to score because I've had a dry spell." Indeed, it appeared that Capt. Bozer had his team at a frenzied level of intensity. Paul ("The Silent One") McCrath several times' led rushes down the ice, while Pete ("Man Mountain") Bradley played his usual solid game of defense. Problems appeared when Jack (La) Lane was ejected twice and the Advocates were forced to play short. "I thought those calls were out of hand," said Lane. definitely (La) "They were premature Even so, the defense held strong and allowed only one power play goal by the No Names. In the last few minutes of the game, the Advocates started to let up. Grue found the puck being batted around with their sticks- up, failing to handle the situation," said Grue. "The other team kept trying to shove the puck past the goalmouth. I dropped on my knees and pushed it out several times, and the final thrusts were ours." The Advocates look forward to their next two games. They ejections." will be home at Sabreland. Student attendance is encouraged. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-02-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/15/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/82b37984ba34e008b4a10f6680620fed.pdf b45fac93ca3d33b8898f8ad12d7f776b PDF Text Text Vol. 24:9 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SBA Passes Environmental Policy Resolution by Andy H. Viets ly opposed it on procedural grounds. Araujo, who is not a Under its recently adopted member of the SBA, based his Bylaw 14 covering Special argument on a paragraph in Resolutions, the Student Bar Bylaw 14 which states that Association on February 9, "Special Resolutions shall be 1984, passed such a resolution posted in full on the SBA office opposing the burial of low- door and SBA bulletin board level radioactive wastes. In the before noon, at least 24 hours resolution, the SBA contends prior to any meeting in which that current methods of the resolution is adopted." disposal are inadequate and Before adopting the resoluthat the wastes can be kept in tion, the SBA approved the above-ground concrete or steel deletion of a phrase from the containers for temporary resolution that was posted. storage. The SBA concludes by The deleted line referred to stating that "the State Univer- reducing the production of sity of New York at Buffalo radioactive wastes, thus going Student Bar Association of the beyond the thrust of the body Faculty of Law and of the resolution which dealt Jurisprudence opposes the un- only with the disposal of such safe burial of radioactive wastes. Araujo claimed that wastes and supports the study this deletion changed the of above-ground storage resolution that was originally techniques." posted, so that the amended The resolution passed easily, resolution should have been though not before second-year subjected to the 24 hour student Ted Araujo vehementposting rule of Bylaw 14. U/B Hosts Seminar ment. Phillips was willing, however, to entertain the idea of posting, along with any future SBA special resolution, a statement that the SBA, during the meeting in which the resolution will be voted on, might amend the resolution to something quite different than what is actually posted. On New Model Rules WHEREAS we are residents of Western New York concerned for our own safety and the safety of our community; WHEREAS we desire only the safest method of disposal for potentially dangerous materials in our community and any other; WHEREAS the most toxic and long-lived sources of "low-level" radioactive waste are nuclear reactors and nuclear weapons operations; WHEREAS shallow land burial of "low-level" radioactive waste is inadequate; WHEREAS three of six disposal sites have closed at Maxey Flats, Kentucky, Sheffield, Illinois, and West Valley, New York; WHEREAS these sites are inoperable because of water tion into the burial ground, erosion of the land and migration of radioactivity; WHEREAS this radioactive material will be hazardous for a minimum of 300 years and must be prevented from reaching the environment through soil, water, and air during its radioactive infiltra- life; WHEREAS transportation of "low-level" radioactive waste is an expensive and potentially dangerous activity; WHEREAS membership in the Northeast Compact may not be the most advantageous option for New York State; WHEREAS these wastes could be kept in aboveground concrete or steel containers for temporary storage; WHEREAS this body has been made aware of the long term hazards of burial of "low-level" radioactive waste to human health and the environment; THEREFORE BE IT RESOLVED that the State University of New York at Buffalo Student Bar Association of the Faculty of Law and Jurisprudence opposes the unsafe burial of radioactive waste and supports the study of above ground storage techniques. Research & Writing System Commended, Criticized by Victor R. Siclari The Erie County Bar Association and State University of New York at Buffalo Faculty of Law and Jurisprudence sponsored a seminar on "Ethics in an Adversary System" in the Moot Courtroom on Saturday, February 11. Part of the seminar was a presentation by Hofstra University Professor of Law Monroe H. Freedman, entitled "The New Model Rules of Professional Conduct: Are They Right for New York?" Professor Freedman, the most widely known commentator on ethical questions faced by defense attorneys, was a recipient of the American Bar Association's Gavel Award in 1976, and is the author of a book Lawyer's Ethics In an Adversary System and of many articles in law journals. All first-year law students were required, and other law students were encouraged, to attend this Ethics presentation because of its importance and relevance to any law student's future conduct as an attorney. The main issue discussed at the seminar was how the-adoption on August 2, 1983, of the ABA Model Rules of Professional conduct failed to resolve the conflict among the attorney's obligation to provide effective legal counsel, the confidentiality of the attorney-client relationship, and fundamental principles of the U.S. Constitution. The ABA Model Rules of Professional Conduct are an attempt to formulate standardized rules of ethical conduct, but they have no legal effect whatsoever unless they are adopted by the judiciary or legislature in each jurisdiction. So far, only Virginia has adopted them in their present form. New York has indicated that it will not adopt the new rules as they now stand because of the inconsistencies and ambiguities. continued on page 8 Text of Resolution SPECIAL RESOLUTION OPPOSING BURIAL OF "LOW-LEVEL" RADIOACTIVE WASTE SBA President Greg Phillips, as well as other members of the SBA, countered this argument by stating that it is an understood characteristic of any parliamentary organization that it has the right to amend a resolution before voting on it. Bylaw 14 itself is mute on the issue. Despite Araujo's objections, the SBA proceeded to pass the resolution. After Phillips adjourned the meeting, Araujo continued his attack on what had just transpired. It was at that time that Phillips, commenting on the day's proceedings, asserted that he was convinced that Araujo had no legitimate argu- March 2,1984 by Dave Marcus The Law School is midway through its latest change of the first-year curriculum. The experiment—assigning Research and Writing classes to clinic instructors—has so far met with mixed reaction. Prior to this spring, students had the same upperclass teaching assistant (TA) forboth semesters of Research and Writing. This year, however, fall. Each clinical instructor is teaching two classes of approximately twenty students each. In addition to supervising the writing of research memos and briefs, the instructors in the spring semester must supervise and judge oral argument. Pro commented that assigning clinical instructors to Olsen the TA's only taught fall teach Research and Writing classes; the full-time clinic demonstrates a commitment faculty has been assigned to in- of the Law School to skills struct them in the spring. Actraining. He added that clinical cording to R. Nils Olsen, Direc- instructors are skilled lawyers tor of Clinical Education, as well as teachers. Explaining clinical instructors will con- that while TA's are "dedicated tinue to teach Research and and hard working," clinical inWriting in the spring only, with structors represent an TA's teaching classes in the "upgrading" of the first-year instruction. Counting the Eighty-Four Days Olsen further noted that clinical instructors are not getting paid any extra money for teaching Research and Writing. Ron Hager, who teaches the The Commencement Committee's 84 Days party was one to remember. Please turn to page 7 for more pictures. Education Law clinic in addition to his Research and Writing duties, says the new system is working well and would like to see the same format repeated next year. "I enjoy it. It's fun to teach something different," Hager commented. He noted that one advantage of having clinical instructors teach Research and Writing is that they are more experienced than second or third year students. First-year student Art Scinta agreed, commenting that "it's like having a full professor for the course instead of a TA." Con Not everyone agrees that the new system is preferable, however. One area of concern is that classes are now larger and more formal than they were when conducted by TA's. The fall classes generally consisted of about fifteen students. Paul McCrath, a TA last fall, stressed that individual attention is the key to research and writing. He stated that larger classes are detrimental since students lose the benefit of the one-on-one relationship. "Student TA's gave first-year students an intermediary between themselves and professors," McGrath explained. He added that this interaction helped reduce first-year students' fears. One first-year student, who asked not to be identified, agreed. "It's that much harder to communicate on a personal level to a large group," he noted, adding that TA's have more in common with firstyear students and can relate to their problems better than clinical instructors can. A second criticism of the new system is that clinical instructors are too strapped for time to commit their full continued on page 8 �Vol. 24, No. 9 Editor-in-Chief Mary Ellen Berger Friday, March 2,1984 Managing Editor Ray Stilwell News Editor: Feature Editors: Victor Siclari Wendy Cohen, Andy H.Viets Business Manager: Bob Cozzie Staff: Ted Araujo, Martha Beach, Alan I Bozer, Robert Bursky, Victor J. D'Angelo, Randy Donatelli, Cliff ralk, Jeff Johnson, Pudge Meyer, Kathy O'Hara, Greg Phillips, trie Turkewitz, Jud Weiksnar, Steve Wickmark Contributors: |oe Calvano, Dave Marcus, Marty Smalline Copyright 1984, Opinion, SBA Any republication of material!; herein is strictly prohibited without the express consent of the fcditors. Opinion is published every two weeks during the academic year It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo. New York 14260 The views expressed in this paper are not necessarily those ot the bditonal Board or Staft of Opinion Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy ot Opinion is determined collectively by the Editorial Board Opinion is funded by SBA from Student Law fees Composition & Design: University Press at Buffalo i' in Uriv»uitv|P>»u Editorial You've Got the Clue To Solving Jobless Blues As the spring semester meanders towards the midway point, many student denizens of John Lord O'Brian Hall can be heard discussing, in tones alternatively panicky and depressed, the Job Situation. While some of our classmates have found temporary or permanent jobs, there are many others who have been less fortunate in the job search. The unemployed among us can be heard to complain not merely about Fate, luck and the tight job market, but about that office on the third floor called "Career Development." At issue here is a fundamental misconception that students have regarding the role of the Career Development Office (CDO). It does not exist to find us jobs. Instead, its role is to provide us with the information and resources we need to find jobs on our own, and to improve relations between the Law School and the legal community. CDO has spent much time and effort this year on various programs designed both to help students in their career considerations, and to improve ties to the local (Jar. Two programs~Ohe-Tr>dne and the "Information" Panel' series-are particularly noteworthy. The One-To-One program, which matches students to local attorneys, is an excellent opportunity which students must not dismiss. The participatingpractitioners have agreed to spend valuables time introducing students to the daily routine of their offices and answering questions. The U/B Law students who participated in it last year wrote enthusiastic comments to CDO describing their experiences, and commending the attorneys who went out of their way to make sure the student visits were worthwhile. The Career Information panels, on topics ranging from public interest to corporate law, have brought panels ofattorneys on campus to lecture and to answer similar questions in a different setting They, too, provide invaluable introductions both to areas of law and to those who practice in them. Both the One-To-One Program and the Career Information panels have been successful from one standpoint—a large number of local attorneys have been willing to donate time to participate in them. Student response, however, has been less than enthusiastic. Almost five times as many attorneys as students are willing participating in One-To-One to date. Likewise, the Career Information panels have thus far been poorly attended, particularly considering that more than 800 students attend this law school. What impression can the local Bar be expected to get of our law school, when less than a dozen students attend an information panel, or if lawyers sign up to participate in One-To-One, yet students don't? Certainly not as good an impression as could be made if students, instead of complaining about what CDO is not doing for them, participated in its programs. There are, no doubt, many students who would have availed themselves of CDO's informational opportunities if programs such as One-To-One and the Career Information series had begun earlier in the year. There is widespread feeling among the law student body that CDO caters to a too-small segment of the second-year and third-year classes, and that it's too late to take advantage of CDO's more general career development services by the time Fall recruiting is over. We must admit that there is merit in the frustration that such students express. We do not believe that CDO is being partial to the top 10 percent of the class, nor do we begrudge the selective employers their selectivity We are, however, a bit concerned with the passiveness of CDO's egalitarianisrp. Perhaps the office could spend less time scheduling 20-minute interviews in September and October (the Buffalo firms could, after all, give first interviews at their offices), and more meaningful time scheduling and broad-based presentations that have thufrfar been Confined to the post-recruiting months. Nevertheless, we hope that students, in the future will.think before they complain. Improving ties between the Law School and the legal community as a whole can only serve to benefit both students and the Law School in the future. In addition, obtaining information about different aspects of legal practice while still in school can help students make informed career choices. This isn't a fancy law school, and not many employers are banging on the doors to hire us, as we. all wellrealize. The programs are here to help us out, and we should take advantag"e of them. Opinion 2 March 2, 1984 Presidents Corner Update On SBA Functions by Greg Phillips Hello once again from your student government, the Stu- dent Bar Association. By the time you read this, February will have mercifully thawed into March and we will all begin to be increasingly distracted by the warmer Spring weather and/or the NCAA basketball tournament At least I hope so. In any event, the pace of activity within the SBA and its various clubs and committees is already increasing, and I will, therefore, attempt to bring up to date with some of these events that have occurred, and some that are planned. resolution suggested by the Sierra Club's Radioactive Waste Campaign, and calls for consideration of other storage techniques for these highly toxic materials. The resolution was the basis for Heidi Siegfried's testimony before the State Energy Office hearings, held downtown on February 15. Thanks to Paul for the proposal, and to Heidi for caring enough to take the time to appear at the hearing. ni Arena. The preseason favorite to win the championship case of Michelob Light is once again the well-drilled, if somewhat overcoached, squad led by Anne Carberry. Just kidding, Anne. Social The onset of the Spring semester has brought forth the usual bevy of SBA sponsored social events. The annual Three Coins Party was held Committee, with student members Tom Bantle, Louise McMillan, Ed Peace and Charlotte Sibley, invested much time and effort in Student-Faculty Committees I'd like to thank the student members of the various Student-Faculty Committees for their work so tar this year. I'd like to particularly single out two committees. The Appointments meeting with prospective think it's fair to faculty members and schedulsay that most people seemed ing open interviews for inResolutions The SBA has taken a few to have a fine time, at least un- terested students to do the Video same. Thanks also to the more public positions since my til the "Friday Night last report. On January 26, the Fights" unfortunately broke students on the Facultya.m. Student Relations Board for SBA Board adopted a resolu- out somewhere around 2 their ongoing work, particulartion opposing Governor Hopefully, this unnecessary this ly in regards to the proposed won't make to tuioccurrence Cuomo's plan increase tions throughout the SUNY the last annual Three Coins Academic Discipline rules. system. The full resolution ap- Party. I hope not. Anyway, 1984-85 Budget peared in the February 15 issue thanks to all who sat at the the organizations to collect student All helped the door Copies of and of The Opinion. resolution were sent to the ap- admission charge, and to Jill should presently be drawing and the rest of the Social Com- up their proposals for next propriate State officials. On February 9, the Board mittee for organizing this suc- year's budget. The forms are available in the SBA office and adopted a resolution opposing cessful event. The '84 Days Party (is it real- are due back to the Finance the burial of low-level radioacwith tive wast, particularly at near- ly coming down that fast?!?) Committee by March 9, by West Valley, NY., based on was held at Rooties on hearings to follow. Meetings safety considerations. (More February 23. Finally, I onceagain invite all about this resolution appears to Anne thanks Finally, attend the SBA Board elsewhere on page 1.) The Carberry and Peter Russ, the to held each Thursday Meetings, resolution, "proposed by Paul Law School intramural p.m. at 5:30 in the first floor of Mitchell, President U/B volleyball league is again in lounge. We want to hear from Law's Environmental Law full swing. Matches are held on time Society, is based on a draft Monday evenings in the Alum- you. Until next February 3. I Don't miss LAW REVUE Friday, March 2, 1984 7:30p.m. at St. John Maron's Church Hall Wehrle & Youngs Rds., Amherst near E.C.C. North, watch for maps in mailroom Spring Thaw at the Niagara Hilton Friday, March 30,1984 Cocktails at 7:3Opm Dinner at B:3Opm Dance Music Provided by Jack Freedenberg & friends Tickets on Sale March 5,1984 in front of Library $15.00 per person without Entertainment Card $13.00 per person with Entertainment Card* • limit 2 tickets per Ent. Card �Present Practice Perspectives CDO Panels by Mary Ellen Berger According to Maigret, learning "issue orientation" is the Say you want to be a lawyer, key to acquiring successful but aren't sure what kind of work you would find to be the most rewarding, least boring, most lucrative, or least paternalistic. Wouldn't talking to practitioners' from various fields be the most logical way to learn what "lawyering" is really all about? The Career Development Office (CDO) thinks so, and is offering U/B Law students a series of career information panels to educate students on the realities of the employment skills. The ability to spot the issues involved in a particular case, research them thoroughly, and then argue them in a motion, or at a trial or hearing, is essential to all litigators and must be developed while in law school. In response to a question from the audience, Maigret stated that only one of the before becoming a full-time criminal defense attorney. According to Greenman, the best work experience right out of law school is being a prosecutor, because you "learn to put a case together." Greenman, who is one of a handful of criminal defense practitioners in the Buffalo area, specializes in representing clients who are accused of drug-related offenses. The demand for such specialists is rapidly growing in the southern seventy-five attorneys in the District Attorney's office is and southwestern United black, but added that "minori- States, claimed Greenman, job marketplace. ty students applying to our of- "thanks to Reagan's holy On Tuesday afternoon, fice would have a much better crusade against drug dealing." February 21, members of a chance than a non-minority" Greenman pointed to a trend panel entitled "Perspectives of securing an internship or in Florida where defense on Criminal Law Practice" similar position. lawyers are themselves being arrested for drug- and presented four distinct viewpoints on prosecuting and racketeering-related activities, The Defense Never Rests defending persons charged Speaking for the defense at and warned all students to with committing crimes. Each the February 21 Career Infor- remember "to be professional speaker explained how she/he mation Panel were Helen Zim- and ethical. Don't let the glory had worked up to her/his pre- mermann, Public Defender and glamour of the job make sent job, outlined the duties with the Buffalo Legal Aid you forget that [a lawyer is] an that job entailed, and offered Society, and Herbert Green- officer of the court." Among Greenman's advice honest opinions on the job's man, member of the Buffalo advantages and disadvantages. firm of Palmer, Greenmanand to would-be criminal defense practitioners was: be prepared Speaking for the prosecu- Hurley. tion were Richard Maigret, Helen Zimmermann worked to be "married" to your job; Assistant District Attorney and as a full-time volunteerfor five learn to be comfortable speakBureau Chief of the DWI Task months before being hired at ing in front of large groups of Force for Erie County, and her office, which is staffed by people; and, above all else, Kathleen Mehltretter, Assis- nine attorneys who represent always get your retainer fee tant U.S. Attorney and Bureau approximately 80% of all per- "up front," before putting a lot Chief of the Criminal Section son arraigned In City Court in of work into the case. "You have the best chance for the Western District of Erie County on non-felony charges. Zimmermann stressed of being a good criminal atNew York. Maigret and Mehltretter such challenges of being a torney if you qualify as 'Type each worked for several years public defender as time conand had extensive trial ex- straints between meeting and perience before transferring in- actually representing your to their present positions in the client, and pressure from public sector—Maigret as a judges to move the trial calenpublic defender and Mehltre? dar along, but exuded enThe Buffalo Law Review inter as a staff attorney for the thusiasm about her work and vites all first-year students inDepartment of Justice. Both the camaraderie which propels terested in participating in the advised any student who is in- the staff. "Our work is never annual casenote competition terested in litigation to take boring, and it's safe to say that to attend an informational courses in Criminal Procedure, we'll never have a lack of meeting Wednesday, March 7 Evidence, Trial Technique, and clients," claimed Zimmerat 2:30 in Room 106. Associates will discuss the Negotiations, and to ag- mann. Herbert Greenman interned details of the competition, gressively pursue an internship or employment with their or at the Erie County District Atdistribute additional informaanother office while in school, torney's office while a student tion which may prove helpful in order to gain invaluable ex- and later served as an Assistant to participants, and provide an perience for and insight into District Attorney in the overview of Law Review organized crime section, membership. The competition one's prospective career. will be held at three different times over the coming months: during the mid-semester break, shortly after school resumes, and after the examination should check into those tor period. Registration will take by Andrey Koscielniak \ which you would be interested place in the Law Review office, i Room 605, between 12:00 and in working. 2:00 p.m. on March 14-16, April Earlier this month I attended 3. A Career Information Prothe New York University Law ; gram. I have sorted through 4-6 and May 12-14. The Buffalo Law Review is a School Public Interest/Public the material presented at the professional journal published SymCareers condensed it Service Legal Symposium and posium held in New York City. into a short talk which I will Without a doubt, it was the present on Wednesday, March most useful career information 7 at 3:30 p.m., Room 107. There program that I have ever at- definitely are positions tended. I am only sorry that available in the public interest geographic location prevented area, but the method for findSUNY/Buffalo students from ing them needs to be conbeing there. However, I took sidered. At the meeting on notes, picked up materials, and March 7, I will discuss the aptalked with employers about proaches suggested by the the Buffalo Law School. So far, panel speakers at the Symposium. these are the results. 4. Friends. In addition to 1. Job Postings. Approxmeeting employers who were have imately twenty positions with the SUNY/Bufresult of unfamiliar as the posted been comments made by- panel falo Law School, I met members or employers I met at employers who not only knew about Buffalo but were enthe information tables. brought back thusiastic about the school. I Handouts. 2. or Their support was based on descriptive literature publications from a number of having a SUNY/Buffalo organizations which are in- graduate in their employ, hearterested in making students ing about SUNY/B students in v< A' behavior," asserted Greenman. "You have to be a workaholic and egotistical." Practice Settings On Wednesday, February 22, the CDO sponsored another excellent Career Information Panel entitled "Practice Settings: How Law Firms Operate Within Different Structures." The first speaker was Timothy Leixner, a member of the Buffalo firm Jaeckle, Fleischmann and Mugel, who outlined the bureaucratic structure of his 55-attorney office and explained the hiring procedures conducted at U/B Law. Leixner stated that his firm affords newly-hired associates initial "flexibility" in choosing among its corporate, tax, labor, real estate, trust and estates, and litigation departments, but added that specialization is ultimately advised since it results in greater remuneration and the highest levels of expertise. In response to a question from the audience, Leixner said that there are no minority attorneys employed at his firm. Raymond Barr, a member of the 17-attorney Buffalo firm of Albrecht, Maguire, Heffern & Gregg, also stressed the need for specialization in today's legal job market. Barr, however, asserted that the "medium-sized" law firm such as his offers new associates . "broad exposure" to many areas of practice, and that some "overlapping" of that firm's areas of specialization is inevitable given its size. According to Barr, a student who interviews with a law firm should demonstrate both interest in that firm and concern for his/her long-term career goals by asking certain basic questions: (1) What kind of training/education does your firm provide a new associate?; (2) How long must I wait to be made a partner, and what criteria are used to determine offers of partnership?; (3) How fast is your firm growing, and what/ are its plans for the future?; and (4) How can I expect my salary to increase? The next panel presentation was given by Richard Cordon, a member of the Buffalo firm of Ange, Birzon, Cordon, Rosa and Zakia. The seven attorneys-three of whom are women-at Gordon's firm handle only matrimonial matters, each attorney having a "specialization" in one area of the practice such as motions and hearings, discovery, or trial work. Gordon stressed numerous advantages which the "small firm" atmosphere "meaningful offers: contact" with other lawyers in the firm, a "sharing of problems and expertise" within the office, "informal but fast" continued on page 10 Law Review Competition To three Be Discussed summer Public Law Careers Information Available and will be times a year by students over the judged for substance, writing ability, and form. The Law Review uses two methods to determine which candidates will be offered law review membership. Most offers are extended pursuant to the first method, by which the average score for each canresearch. didate's casenote is weighed Participation in the competition is necessary for Law equally with his or her firstyear grades. The casenotes of Review candidacy. Each competitor is referred to a recency the candidates who are not decided case dealing with an selected through this method area of law covered in the first- are then reconsidered as the sole criterion for Law Review year curriculum. The commembership —i.e., regardless petitor is given ten days to write a short (no longer than of the candidate's grades. eight-page) paper reviewing Since, under either method, a the facts of the case, identify- superior casenote can compening the important issues it sate for average or low grades, presents, and analyzing the the Buffalo Law Review strongcourt's decision. Each ly encourages any interested "casenote" will be read by student, regardless of many Law Review members academic standing, to enter the competition. of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship, and to provide students with an environment conducive to completely academic independent Wednesday, March 7th at 3:00p.m. Room 107 Audrey Koscielniak fromCDO will give a talk on Public Interest Legal Careers. Included will be a report on the aware of that group's existence. Although some of these organizations are not recruiting at the moment, you other divisions of their organization, or having attendan as Buffalo ed undergraduate. Public Interest/Public Service Symposium recently held at New York University. March 2,19 M Opinion - 3 �Up Before Dawn: by Marty Smalline At seven o'clock on the morning of February 21st, lights shone onto the bed of Tom McNulty of 21 Minnesota Avenue, Buffalo. He heard the sound of a voice calling out his name from within his room; it irked him from his sleep. Tom taken from his bed, ordered to dress, and led down was the stairs to the street where officers handcuffed him to a squad car. Meanwhile, Buffalo Police conducted a search of his possessions. Cars rolled by Tom in the early morning light, many slowing down in interest as he came into view. When the search was complete, the police took Tom to the Central Booking Station in downtown Buffalo. Does this scenario seem reflective of the last stage of a most serious investigation? Was Tom suspected of a narcotics violation or of possessing stolen property? No, the police did not raid Tom's premises in connection with a felony, or even a misdemeanor. He instead left the booking station holding an "appearance ticket" which read, "violation of Ch. 12 Sub. 39 City of Buffalo Ordinance; Limits of Height and Occupancy of Frame Dwellings." Tom had unknowingly violated a provision of this section which provides that "no living or sleeping rooms shall be located in the attic story.' At about the same time, several other student residents of the University District (near the Main Street Campus) faced similar treatment in similar situations. Tom may take solace in that the violation charged is no more serious than that of a traffic violation; however, Tom will not easily be consoled for the treatment that he received. One hour after Tom's release from central booking on February 21, he described the events that had preceded the early morning seizure, exposing an investigation of at least two weeks which closely resembled that of a criminal investigation. Tom described a visit by two women who had purported to be answering an ad in the paper for two rooms that were available for rent at his home. Dressed in casual attire and claiming to be University students, the women accepted Tom's hospitality, touring the home from top to bottom asking questions which Tom readily answered. As Tom was led down to the street on the morning of the 21st he recognized his female acquaintances, this time dressed in blue. Student v. "Residents" The first of a myriad of questions that must be asked is why Tom, a chemistry major at U/B, was seized in such a way for this violation. Shouldn't the Story of a Sunrise Seizure true responsibility in the University Heights district rest with the landlord, who provides an inhabitable attic for students who are unaware of legalities? A police spokesman had stated on television simply that the students must be gotten first, and from there the police would get the landlords. This evasive answer does little in indicating why students must be implicated to enforce the building ordinances of this when the landlord is clearly liable for providing illegal accommodations. The answer may lie irr the politics that provide the backdrop of the ongoing relations between University students and the permanent residents of the University Heights area. As the student community has steadily expanded, so has the conflict of interests between students and local residents regarding neighborhood living style. The gripes of the residents concerning noise and litter have often been voiced to the University District Councilwoman Rosemarie LoTempio, who is perceived by many students to side with the residents in implementing corrective policy for the area. LoTempio has publicly proclaimed that this enforcement is necessary for the safety of all residents of the area. However, the seizure of stuCity, dent tenants tastes of harassment by the city, which may Meanderings In Urgent Need of Therapy by Andy H. Viets It has come to my attention as of late that there are a number of issues affecting the state of the Law School which are being discussed at great length within these hallowed halls. Naturally, I therefore find it necessary to offer my own salient comments on these and other matters. 1) Undergraduates (whether they be found in our classrooms, our library, or our parking lot): Some approach this subject in a compromising manner, saying that it's not the fault of an undergraduate that he or she is such and that we should remember that just a few years ago we were in a similar state of existence. Others want nothing less than death by torture for these invaders from within (after a fifth trip around the parking lot in a futile search for an empty space I must admit that I have felt equally pernicious thoughts). All of this is meaningless, however, in light of a considerably more relevant there are question —If undergraduate students and there are graduate students, also then are there overgraduate students? If so, where are they going to park their cars after they're banished to the Amherst Campus? 2) Work-Study Funding .. Reductions: Everyone seems to be in agreement that this is a bad thing. Since I don't receive any such monetary assistance, though, I'll go on to more important problems 3) The Coffee Machine on the Second Floor: I appreciate Opinion 4 the machine's attempt to get me to kick my caffeine habit, but the situation is getting a bit out of hand. My estimate is that the beast eats one out of every four quarters I put into it. This recurrent failure of the machine to dispense my coffee is particularly disastrous on Friday and Saturday mornings just before my Estate Planning class begins. If I'm willing to get up for an 8:30 class, the least this place can do is to make sure that the goddamned coffee machine works. Actually, the least this place should do for anyone willing to take an 8:30 class on a Friday and Saturday morning is to have a pot of coffee waiting for him or her at the front door. 4) The Finals Schedule: With respect to this issue, I have only one comment for Schlegel and Co. —I have to be in California by May 28 so you best have the situation cleared up well before then, because I ain't stayin'. 5) Grades: The problem of how long it takes professors to get their grades out really only Q and post the damned thing. The "Socratic" Method: There has been an increased propensity on the part of my 6) professors lately to call on me in class when I have not raised my hand. I have a question about this—why me? There is not one legitimate reason for picking me out, but there are two good reasons for allowing me to remain anonymous— a) I'm just a shy, quiet guy who doesn't like the rough and tumble atmosphere of the classroom; b) I don't know anything. 7) The Response I Get to My Columns: I have noticed that when I'm put on page three a large number of people comment on what I have written, but when I am bumped to page four the feedback I receive is rather limited. This could mean that no one reads past page three of The Opinion. It could also mean that I deserved to be bumped to page four and your silence is indicative of that. Personally, I believe that I should be on page one of every issue, but the rest of the affects two categories of editorial staff of this people —those in danger of newspaper is not in concurgetting D's and those in danger rence. 8) Myself: I have a friend of getting H's. For the rest of us, it's just a matter of awaiting named Tom who, before the confirmation of our becoming a student of the law, mediocrity. It is a bit difficult, was a psychology major at though, to comprehend exact- Geneseo State College. It is his ly why the process takes as belief that I am in desperate long as it does. How hard can it need of years of therapy. He be to pick out the five to ten also offers the following adbest papers and give them H's, vice, with which I would like to pick out the worst three or four close—"There is no sense in and give them D's, and then buying a box of Captain give Q's to the remaining Crunch cereal if it isn't the eighty or so? In my case it's kind that comes with Cruneven easier —just give me my chberries." March 2,1984 wish to appear on the side of the permanent residents in their continual effort to protect neighborhood interests. Even if a justification can be found for such treatment of the students rather than of the landlords who provide such conditions, we must still ques- tion the severity of this treatment given the nature of the violation charged. Although a seizure and search in such a case as Tom's may suggest a violation of a constitutional right to due process, we may ask more narrowly, whether such police procedures are necessary for the city to enforce housing standards. In the days that followed the undercover discovery of Tom McNulty's "attic occupancy," no notice had been issued to him by the city requesting that the condition be rectified. This lack of notice is also indicative of a criminal investigation in which "the People" seek to catch the perpetrator "in the act." When asked what he would have done had he received notice of his violation, Tom stated, "I would have moved downstairs, there are of rooms plenty downstairs." When asked why he chose to live in the attic room, he reponded, "Because it is the nicest room in the house." How Much Is Enough After the undercover investigation, the Buffalo police surely had ample evidence to issue an appearance ticket for a housing violation without requiring actual seizure from the illicitly occupied space as conclusive proof of such a violation. The ticket could have simply been served at the Minnesota Avenue house during the day, thereby neatly concluding the investigation. However, the city chose to subject an area student to a frightful early morning search and seizure. This raises the important question of how those in the position to implement city policy order their priorities. Although the message may have been relayed that the city intends to seriously enforce its safety standards, Tom and the continued on page 10 Commentary- Double Standards & Political Propaganda by Randy Donatelli For a law school that prides itself on being free-thinking and intellectually tolerant, U/B Law sure seems to be falling far short of its self-proclaimed model. Again, I feel it is imperative to discuss the double standard that currently reigns over the ideologies within the Law School. The familiar theme can be called, for lack of a better label, Censorship by itself as being a haven for conservative and libertarian law students) have been openly ridiculed and verbally abused with the usual all-purpose accusation that such societies are "fascist". Perhaps this, conduct is not surprising in light of an examination of the roster of student organizations sanctioned by this Law School. It can be argued that, except for one notable apolitical student organization, all current student groups exist, to one the Left. or another, to prodegree In the classroom, I have all certain political and pagandize too often heard the booing and social beliefs. There is abwho exof a student hissing solutely nothing wrong with a presses a point of view not acgroup existing for this ceptable to the school's domi- student purpose. Similarly, it is equally nant and prevailing ideology. group Ridicule by fellow students is admirable for a student or provide to refuse to endorse bad enough, but when prothe airing of fessors openly ridicule a stu- forums for social political points of and dent the school's intellectual view. A society of non-liberal integrity is greatly compromisis perceived by ed. I refuse to mention par- law students to the ticular professors, but let me many as a threat of the ideological harmony say that they are a disgrace to respect to body. student With founa profession whose very of conserdation is encouragement of this new society libertarian law vative and of the unimpaired exchange students, only time will tell ideas. how tolerant this allegedly Given this deplorable state liberal student body and faculof affairs, it is hardly surprising ty really is. Continued slander that a number of the school's and ridicule of such alterbrighter students rarely par- native student organizations ticipate in classroom discuswill only reinforce the sion, especially in those stereotype of the double stanclasses taught by alleged "free dard that characterizes inthinkers". tellectual thought in our Am I correct in assuming school. that all students and faculty It is undoubtedly true that if provide to an Judge Bazelon were to speak hope unrestricted intellectual at- at the Law School he would be mosphere, one in which both given the undivided attention the Left and Right will listen to of all the students and faculty, each other and respect the and would be applauded by all other's views, or is the reality at the end of his address. Chief that the majority truly cannot Justice Burger probably would tolerate any challenge to its not receive similar "treatment; "absolutely correct" opinions? in fact, I question whether he Just the other day, I was ap- would be allowed through the palled when I heard that signs front door. Is this law school equal to advertising a meeting for a acthe challenge of tolerating innew student group were tually set ablaze while still tellectual freedom, for all of hanging on the walls. Members its students? Clearly, the jury is of this new society (which bills still out on this question. �NON-SENIORS d A/V el)) MARCH IS THE MONTH! -. ■ THE COMPLETE PACKAGE OF NON-SENIOR EARLY ENROLLMENT ADVANTAGES WILL ONLY BE OFFERED UNTIL MARCH __ **_ -w-^* s-*\ Since most of you will eventually take a bar review course, it makes sense to enroll now in BRC, the nation's fastest growing bar review course and receive early benefits. 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($5O to non BRC enrollees) T extra^B3cPl*ll msarino-josephson/BRC 10 East 21st St. KM. 1206, NY. NY, 10010 1£ 212/505-2060 F j| ■^TTtTTI K. ifUF " March 2, 1984 Opinion 5 �LAW SCHOOL MADNESS! EDITOR'S NOTE: Due to popular demand (two or three compliments came pouring in) and a steady supply, we are again presenting the Best and/or Worst of the odds and ends that people submit to us. £ /Vm S, [vi/HO Yet Another SBA Resolution / cfMJ F)Mu>£R THAT MS. MAftciSSA HAS A DOT fOlfil* TO POSSP? - / / UV° J7 EDITOR'S NOTE: The following was submitted on SBA letterhead. State University of New York at Buffalo, Student Bar Association SPECIAL RESOLUTION Opposing Patronizing Politicians: WHEREAS State University of New York at Buffalo, School of Law and Faculprudence has achieved great gains in making this a Marxist regime; and WHEREAS capitalist society is inevitably doomed to failure through the interaction of dichotomous forces; and WHEREAS the New York Stock Exchange, the American Stock Exchange, and the Over-the-Counter Stock Exchange have enabled Americans to cushion their bank accounts through capitalist measures; and WHEREAS it is presently raining in Cairo; and WHEREAS the interaction of capitalist forces has caused the entire industrial infrastructure of the United States of America, and the City of Buffalo, to crumble; and WHEREAS in the upcoming 1984 presidential election, the United States populace will merely be choosing between one rich capitalist and another; and WHEREAS social relevance is inversely related to karma; and WHEREAS people don't care; 0° THEREFORE BE IT RESOLVED that the State University of New York at Buffalo, Student Bar Association of the School of Law and Faculprudence opposes capitalism, because of its inevitable failure, the New York Stock Exchange, the American Stock Exchange, the Over,-the-Counter Stock Exchange, rain, the American democratic electoral system, social relevance, apathy, and patronizing politicians (Who do they work for?) and supports Martini Reality This is not intended to be a political statement. tDITOR'S NOTE: The Opinion extends congratulations to Mr Bozer on his promotion to Staff Member with the publication of this his third article. Now maybe he'll tell us what his third article is about by Alan ). Bozer The shallow waters prevent the boat to SriLanka from docking in Rameswaram. Instead, travellers must ferry out to it in small, open boats, often accompanied by cars resting on planks over their heads. Blue skies and a tropical sun, the screams of children ashore begging stamps from far-away lands. On board the ferry, a stores small library Wodehouse, with stories of Jeeves and a lifestyle far removed. Our correspondent on the shores of Tamil Nadu has recently informed us that the ancient Anglo right of usufruct has survived the controversial land law reforms of that area. S. Venkatachalam, author of Lease of Usufruct and Cultivating Tenant, 148 Madras L.J. 24 (1975), tells the tale of profits and avails. The current 6 Opinion confusion arises in the context of tope, that peculiar produce of the subcontinent. The question, as the author so eloquently points out, is whether "the object of taking the tope is only to enjoy the usufructs and nothing more." 148 Madras L.J. at 25. Lease or license, ponders our learned colleague, and that is a question asked by in- numerable generations stretching back to the misty shores of Cornwallshire. In Kentshire they call it usufructkinnder. We look forward, from our lofty scholarly vantage in the Amherst swamps, to the resolution of this matter. Its import is clear: should "a lessee in respect of cashewnut ... be certainly a person engaged in cultivation' .. then many tomes on topes must be tossed." Years from now, readers on the Sri Lanka ferry wilr look back to these times and . wonder. March 2, 1984 Corne Poetry by Victor D'Angelo Law Review Law Review, Law Review, I worked so hard for you, but you only took a chosen few. Every day, I drove all the way, to the Hofstra Law Library. I mailed it on time, and I didn't mind, that I waited all summer to hear. But you finally said no, And I couldn't go, to the wine and cheese reception. �/u/HX THB WZU. I AtJSuJCR f\ I \ ( v9ty t RES Port** g, y&ITX vxN Q(J£STic*/?/\- i j*°f_* Y~" Die TO M«. \ c " oo c Hfl SamW>£*s) DAY'S DOWN. EIGHTY-FOUR TO GO!! TOO MANY North of the Border gwsi'r SIMPLE knou) uiHfliT yoo'fe ioo doh%t New Waves** crowd, most of the clientele sports the latest in New Wave or Goodwill fashion The more Buffalo bar culture goes by its own time standards. outrageous you are, the more Nobody goes out until 10 p.m. you blend in. You can spot the The cool people are hitting the tourists not so much by their bars by midnight, and prime outfits, but by their pocket Intime arrives between 1 and 2 stamatics. The Twilight Zone has no a.m. Last call comes about 3:45, and you're on the road by last call, since it has no liquor license. This club, on the se4. If you venture north to cond floor of an old Toronto, be prepared for a new warehouse, doesn't open until midnight and doesn't close unset of standards. Bars stop serving alcohol at 1 a.m., which til 8 a.m. The place is packed pushes everything back a cou- with hundreds of people the ple hours. It's acceptable to be first few hours, and at dawn a at a bar at 9 p.m. Bands are good number of them are still already into their final set by there dancing away Don't ask 11 or 12, about the time Buf- me how many make it out the door at 8. falo bands are tuning up. at The Twilight Zone features a on Toronto in What goes 1 a.m.? Unlike Buffalo, where huge dance area and video last call means Mighty Taco screens showing everything time, Toronto nightlife gets its from Betty Boop to "Car 54 second wind when the alcohol Where Are You?" It also offers stops flowing. It's time to head coed washrooms, an occasional fashion show, break for the after hours clubs. After hours clubs have a dancers, and a great view of somewhat seedy reputation in the CN Tower from the fire Buffalo. Known for gambling, escape. There's a lot to be said for prostitution, and heavy drug action, they are the subjects of the after hours Canadian alterfrequent police raids. "After native. The early last call hours" has a whole different eliminates the obnoxious connotation in Toronto. After drunk element that proliferates in so many American hours means dancing. Two of the current hot spots bars during the early morning in Toronto are The Domino hours. With no alcohol conKlub at Yonge and Dundas, sumption, there's virtually no and The Twilight Zone near the wait at the washrooms. And corner of University and Richsince most people are dancing mond. New Wave fashion rules instead of sitting around, supreme at these clubs. you're not engulfed in Dancers are fed a steady diet cigarette smoke. These places don't make of electro pop, funk, and new music—anything with a dance money at the bar, so they get you at the door The cover beat. After the 1 o'clock last call, charge is $3 at Domino's, $8 at the center of activity at the Twilight Zone. With the CanaDomino shifts from the small dian exchange at between bar area to the dance floor. 20-25 percent however, that's Why sit around paying $1.25 not totally out of line If you for an orange juice when there can live without alcohol, the is serious dancing to be had? only real disadvantage of these Although you can see some clubs is that they're 90 miles preppies and blue jeans in the away. by )ud Weiksnar .. Photos by Kathy O'Hara March I, 1994 Opinion 7 _ » �U/B Hosts Seminar On Adversarial Ethics continued irom pane! Establishing Client Trust Professor Freedman stated, "The most important issue is confidentiality because it goes through the heart of the attorney-client relationship. One of the first duties of the lawyer is to establish a relationship of trust and confidence with the client in order to be able to sort out the facts. If the client withholds information, the lawyer can't represent him/her properly under the Sixth Amendment (the right to counsel)." According to Freedman, because our society is so complex and because rules, no matter how fundamental, are ambiguous, not even an informed individual can serve his/her best interests without professional assistance. Since it is important for lawyers to discourage their clients from wrongful conduct and to give them the best advice, the relationship of trust and confidence between the attorney and client is essential. This confidentiality and trust can be traced back to the adoption of the Canons of Professional Ethics by the ABA in 1908 Although they were strengthened in the 1928 and 1937 amendments, the Canons still contain inconsistencies. In 1969, the ABA promulgated the Model Rules of Professional Conduct, which are enforced in most jurisdictions in some form. However, Disciplinary Rule 7-1O2(BXD provides that a lawyer must his/her client to rectify among the several jurisdictions Ed to the court. "It throws the any fraud committed upon the are further exemplified by the burden on the client to court or a third person, and if District of Columbia's rode, distinguish between the relethe client does not, the lawyer which dropped (he remainder vant and irrelevant, the imporurge of the phrase starting with tant and unimportant, the in"and if" so that the attorney is criminating and noninthis DR, also known as the under no obligation what- criminating," Freedman aversoever to reveal any fraud red. Accordingly, the ABA has "blowing the whistle" clause, js inconsistent with committed by the client other denounced the second role Canon 4, "A Lawyer Should than urging the client to rectify because it puts the burden on the client rather than on the atPreserve the Confidence and it. "This problem is serious," torney, whose job it is to sort Secrets of a Client," since a such information. lawyer cannot hear all that the emphasized Freeman "It will out client must tell him/her for ef- affect your careers by disbar- However, Freedman stated fective counseling, keep the ment or malpractice suits that under the ABA Model confidence and trust of the There are too many incon- Code, the attorney would be client, and tell the court of any sistencies. If your client com- required to reveal fraud by the improprieties on the part of mits perjury, you must main- client unless he/she utilized a tain the confidence of the lawyer-client Miranda warning the client. client even though you are to the client to deter him/her In order to correct this problem, the ABA House of also an officer of the court and from revealing incriminating Delegates in 1974 added the owe it candor, honesty and evidence. This would impede the trust and confidence of the phrase, "except where it is a frankness." privileged communication." A year later this was defined as your perjury, including secrets and anything that would embarrass the must client. These later amendments effectively changed the whole meaning of the provision. court The New York State Bar Association, in "The Lawyer's Code of Professional Responsibility," further broadens this Developing Intentional Ig- attorney-client relationship. norance "These rules treat the client exception because it refers to From this, Freedman as a non-client, and makes secrets or confidences. It thereby shows no obligation iestablished two possible representations by the aton the part of the attorney to models of the attorney-client torney less effective. To adopt reveal any such fraud, said rrelationship. One is the tradi- this would violate certain conFreedman, and threatens the ltional model of confidence stitutional rights," stated s trust. The alternative is the Freedman. Some of the rights attorney with disbarment if and s or "intentionally ig- Freedman referred to were the there is a breach of con- selective, norant," attorney model that right to trial by jury, the right fidence The inconsistencies in codes tells the client he/she should to counsel, and the right to of professional conduct vwithhold certain information confidence under the Fifth and tthat otherwise must be reveal- Fourteenth Amendments must reveal such fraud Freedman pointed out that "// you client commits maintain the confidence of the client even though you are also an officer of the and owe it candor, honesty and frankness." ' r '' Student Bar Association Position Available for Second Year Director to serve for the remainder of the 1983—84 term Interested second-year students should contact Greg Phillips or Judy Olin for the Fail semester have arrived. Please come down to the SBA office and claim your long distance personal calls to save us the trouble of chasing after you. The Finance Committee Once again, the official Law School hockey team, Advocates on Ice, has skated to a victory. By a score of 3-1, Capt. Al Bozer's heroes showed the backs of their blades to a motley group of undergraduates, the Ice Pickles. "After they trashed our vending area, occupied our carrels, and scrawled graffiti on our bathroom walls (covering up our own), we thought we'd better teach them a lesson," said Capt. Al. Qpinjgn /ygwch A2,j!j<ty- evidence about the client would effectively convict the client before the trial. Overseeing Prosecutorial Conduct Professor Freedman ended his presentation with the discussion of another important problem that the ABA rules fail to amend: the absence of disciplinary rules for prosecutorial conduct, "one of the worst abuses," according to Freedman. "There is practically no disciplinary action for prosecutorial misconduct, just a reversal of the criminal's conviction by the disciplinary board." Prosecutors serve dual roles: in the interest of justice (not just to convict) and as an adversary, said Freedman. They are in a special position with" enormous powers and discretion under the color of law; they have no clients; the rules relating to prosecutors are wholly inadequate. Because there are not enough rules on ethics for prosecutors to follow, there is too much reign and not enough discipline. Following Professor Freedman's presentation, a panel of Western New York attorneys added to the discussion by presenting their viewpoints on the merits of the ABA Model Rules of Professional Conduct. Indeed, it appeared to'this reporter that the Advocates were never better prepared for a game than they were foe this one. Playing to an almost SRO crowd, our legal representatives hustled up and down the ice. "We had moral victories last year," said stalwart defenseman Adam ("Nice Guy") Wekstein, "but here at law school we've since learned what they're worth." Others echoed the same ferocious will to win. "Morality is for the birds," right winger Bob ("Shoot it!") Spagentahl said. "I competed in the Desmond." The three goals were scored Jim Navaugh, Brian ("Gosh") Dennis, and rookie sensation Lee ("Lighten up, Francis") Smith. Only one goal got by the defense, and that one on the power play. "Superb defense," said goalie Sterling Nets Grue. "And this time even Ira Hecht came back from the red line." Center Ira Hecht assisted on two goals as well. by Research and Writing Classes Commended, Criticized I energies to their Research and scheduled formal classes for a spring semester does not large portion of the semester. Writing classes. Also, instead of handing back The Opinion has learned individualized comments on that some instructors have not student memos, one instructor handed out a general comment consisting of one paragraph of common criticisms applicable to all of Does it Better, the students in his section. In the words of one student in Faster for Less! this class, "I don't think Resumes Professionally clinical instructors are as good Typeset & Printed as TA's." Briefs A Writing When asked to comment on Samples Copied 'the situation, Olsen stressed that the "second semester of ALSO: Research and Writing has Posters Flyers never been a classroom exBrochures perience" and he added that Tickets the way to teach good writing Bus. Cards Letterheads is through general comments. Envelopes H<> noted th.it TA's in the past often concentrated too heavily 1676N. F. Blvd. 3171 Main St. Amherst Buffalo on the student's grammar and • •• • •• • 834-7046 8 criminating Advocates on Ice Triumph continued irom pane The SBA phone bills which provide for no deprivation of life, liberty or property without due process of law. To allow the attorney to reveal in- 835-0100 necessarily call for formal classes, but instead concentrates on "small group meetings, individual supervision and free time to undertake and successfully complete the demanding research assignments." Olsen insisted, "Particularly in light of the fact that this is their first attempt to teach the material, the six clinical instructors are providing exemplary skills training for the first-year students." A third reason was cited by one former TA, who asked not to be identified, for having students teach both semesters of Research and Writing. "It's unfortunate in <i school where there is so little direct funding to law students, that (he clinic decides to augment staff sentence structure salary by taking away money Olsen further noted that the from students," she asserted. �ta/fen t BAR REVIEW PRESENTS A FREE introductory lecture by on New York Practice and Procedure (CPLR) Saturday, March 3, 1984 11:00am v — 1:00pm Room 108 J ALL ARE WELCOME For those interested in continuing the lecture series, four 4-hour sessions on consecutive weekends in March will be offered at a total price of $45 for BAR/BRI enrollees and $95 for nonenrollees. Anyone with questions should contact Tracey Kassman. The BAR/BRI course, in preparation for the March 16th MPRE examination, will be offered twice: - Sunday, March 11, 12:OO 6:OO pm and Wednesday, March 14,5:OO 11:OO pm - The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited towards their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour practice testing • MPRE book and outline materials Preregistration at table until Friday, March 9,1984. i^^QjU^Ort 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 March 1, 1984 Opinion 9 �Gay Law U/B Law Alumni Magazine Underway Students Org he will use the Law Forum to on student activities such as highlight faculty members' urge alumni to hire U/B moot court, commencement, professional activities outside by Martha Beach Associate Dean and Career Development Office Director Alan Carrel has been thinking about increasing placement opportunities for U/B Law Students. He has also been thinking about fundraising. One of the solutions he's come up with is an alumni magazine Called SUNY U/Buffalo Law Forum, the magazine will be issued semi-annually. The main purpose of the Law Forum is to keep alumni involved with the Law School. Carrel believes that by maintaining close ties with alumni, fundraising and placement opportunities will graduates first. Small and the activities of various of teaching and and any new medium-sized firms are the student organizations. Carrel classes being offered. primary targets of this push; unlike larger firms, these firms don't make a business out of hiring, but hire only when the need arises. By keeping the lines of communication open, Carrel hopes that these small and medium-sized employers will turn to U/B first when searching for new associates Part of Law Forum will be devoted to law students as well. The magazine will focus Funding for the magazine that alumni are come from the U/B Law will student by impressed participation in extracurricular School Alumni Association activities He points out that and from the proceeds of many of the alumni will have fundraising. Carrel hopes to once participated in the see the first issue of Law Forum organizations being featured, published by late )une. and will* derive a sense of According to Carrel, any good involvement from reading school should maintain ties with its alumni, and a about them. Law Forum also plans to magazine such as the one -focus on the faculty and planned at U/B is long alumni of U/B Law. It will overdue. asserts Practice Perspectives. . . improve. continued from page 3 if According both the new the Buffalo Legal Aid Society competitive and specialized alumni stay in touch with the training for stresses Bittner, Law School, they are more apt associate and veteran lawyer upon graduation from law legal market, must actively law, school, new areas of the and but and "network" decided to start his to make contributions to it. in and market skills in the "instant achievown his/her gratification" practice because it ofwith fundraising One problem be will community. ed a There in "If personally handling many advantages. fered now occurs with alumni who don't live in Buffalo. These case from intake through you like variety, and like the those "paycheck-less weeks" idea of being answerable to both at the start up of your alumni never hear from the resolution. "There is always present yourself and of deciding solely practice and in between Law School except to receive an occasional letter asking for that entrepreneurial compo- how to approach a client," clients. "You trade off on security money. Carrel believes that a nent," claimed Cordon. "If you then going solo may be for when you take the risk [of gopublication which keeps can attract the clients, you can you, advised Bittner. ing solo]," asserted Bittner. alumni up to date on current break the bank " Bittner shares office space, "But if you are self-competent Law School affairs will make rent, secretarial staff, a copier and independent, aren't afraid Going Solo those receiving it more machine and a library, with to dig into the law, are a quick Attorney Bittner, S. at Gary sensitive to the needs of U/B the two other attorneys, but "most learner, and can deal with Law, who last on spoke Law. placement February 22 agenda, is a solo importantly, we share ideas." crises quickly and with As for says that general practitioner in Buffalo. The sole practitioner is at a pressure well, then going out Carrel opportunities, Carrel, to Bittner was first employed at disadvantage in today's highly on your own is ideal." Adventures of Empire's SuperSaver Empire Airlines' Collegiate Defender of Low Airfares, Champion of the Student fa■ STATE HIGH ABOVE THE C/HFIKeI I WITHOUT DISCOUNT \\ SUPERSAVER FLIES ig^DeAN, WE MUST CLOSE HESEKVATIONS THERE'S 1 FXOM HIS RETREAT, W POWN THE SCHOOL ANP HIS MOUNTAH IN TELLING WHETHER I HIS FIRST STOP. I INO THEY'LL MAK£ /r / THE DFANS OFFICE, I SVJ»Eft- HAeRIEL EMPIRE* mJ*Z,Zr laum'n ■[ww« "*"""■'• ■ >^ iMMtE SAFELY? \ r^^^ | rwe evil swim ettcAK I\T T**»e. PER/OP «OWN kSk\ us. we must MotiLizE reil/i PISCOUVT RESERV4TIOJO i,<^fV~ I%F, F!i£TLJ2!825£i mwwoc Vjr^ witt wt HO \ \^»iu "^"-/. -f>-9CVj UPSTATE U. I g SENP Ait WE STUPEHTS TO THE BAKS WITH THE UNIVERSITY'S ENOOW- ft PSF \Jy7T ¥% "twht c<vy all , tKeseKvnrroi*3! v<>» R f^J v Mt*t£ J^fe^^ 11V^~/"^ lf; X V^^^Jr^l lIF we pont srr TWEse f TWEY'i.I. SE PAY/NO I I but I SAVE* supcrsaver, I how^J S^ BOOKING Poetry by Victor J. D'Angelo slaway, Open Rosy they Oh, They Buffalo, anyway. Liberty heinous, up, says downtown, you. ekepe here give Buffalo, you Open say, bring you away, get up, any Steel, do, ground. my me, lip, away door, There's Go Your Buffalo's it's all If knock the is to Liwhat Bethlehem from crime need them to Raids little has 4th in knock Go Probable and is also Amendment to at finest. to of the them Dawn at the let Cause most a are come a more. run me Raids at Dawn There's a knock at my door, Go away, Go away, let me sleep a little more. Your crime is of the most heinous, Open up, Open up, it's Buffalo's finest. Rosy says bring them all downtown, If they give you any lip, knock them to the ground. Oh, the 4th Amendment is here to say, They need Probable Cause to come in and get me, anyway. Buffalo, Buffalo, what are you to do, Like Bethlehem Steel, Liberty has also run away from you. P+OTO by discrimination ordinance for Buffalo. Future plans include having attorney William Gard- ner speak on his recent Supreme Court case involving gay rights: N.Y. v. Uplinger. GLSO will be participating in the SUNY Gay Conference to be held at our campus this March by providing speakers and workshop leaders. In addition to the special events mentioned, GLSO co-sponsors a coffeehouse every Friday night on the Main Street Campus. Information on all events is posted in our office in 118 O'Brien. Raids. .. continued irom page 4 other students who were similarly treated cannot help feeling that they have been abused, for their individual violations could have easily been enforced in a peaceable manner. One is hard pressed to rationalize the personal anguish that these students have undergone on behalf of the city's declaration of committment to the safety standards embodied in their housing codes. WORD PROCESSING — Joan Waisala GLSO is open to all law students who share a belief m civil rights for all persons, regardless of sexual preference or orientation. This past semester, CLSO staffed a table at Orientation and held an Open House for new members. In October, we assisted the graduate and medical students in forming their own gay organizations on campus. Mayor Griffin's derogatory comments about the Buffalo gay community resulted in GLSO co-sponsoring a panel discussion on police harassment which was attended by over one hundred persons and covered by two major networks on television. In November, SUNYAB was the only law school represented at a meeting with the Governor's aide concerning the Executive Order issued prohibiting discrimination against lesbians and gay men by state agencies. This term GLSO is participating in a discussion with local judges concerning the legal problems faced by the Buffalo gay community. We are also meeting with the city's Human Rights Commissioner work on a nonto - TYPING IUDG Your Future Can't Wait Much Longer It's time to start preparing for your career after I t y^=ifi(lW-"rr^^ Sfflßn*s% \ONiMfW! ■n A&£&%™£t!'tlZZ? ToajrV^EßAZr* y>_^ I IMmuSw /^■^ y~i Ty Wjk ~~^^*^^ —C!^^ I Fly hotiMT this spring break on Empire to UKiu.rdU Boiton. H-rtford, Newark. Mlp. Washington, "*»• Pteln., Baltimore, Buffalo, Rochester, SyraCUS#, Blnghamton, Elmlra, Ithaca, Utlea/Rome, and 9Ken~dy. law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when-editing drafts 16Typeityles <t Symbols to Choose From Repetitive Work at Reduced Price* Xeroxing, Printing, Bulk Mailing Printed to Look like Types*l Or Typewritten Pick-Up All Work Guaranteed for Reservotlons oiid Informotton coll BQO-962-5665 or your Travel Agent 10 Opinion March 2, 1984 — * Delivery Available Call Proto-Type 883-3348 Ask For Randy �Olympics Roundup U.S. Broadcast journalists Lacked Objectivity by Eric Turkewitz With the onset of the XIV Olympic Games, it was imperative to find a suitable means of communication to link up Sarajevo, Yugoslavia with my living room. With only a battered late 60's black and white idiot box to watch, my roommate and I committed $20 for the two week rental of a 19-inch color television. This was done in order to satiate our normally infinitesimal television cravings, which had grown exponentially with the pending Olympics. Herewith are some random thoughts on the Olympic broadcast, the athletes, and the games TV sports journalists. I didn't need ABC cheerleaders in order for me to whoop and holler for the United States team. This can do on my own. I And while it is true that Dick Button is the epitomy of Olympic figure skating, and I couldn't tell a double axle from a flying camel without him, I didn't need him and his colleagues constantly extolling the endless virtues and greatness of American athletes. What was needed was at least some pretense of ob- jectivity. The broadcasts would have been more informative and exciting if they had allowed the natural drama of an Olympics to unfold on its themselves. own. Thus, when the U.S. Despite the hailing of Roone hockey team did not live up to Arledge as the dean of broad- the dreams of the press and did cast sports, he did a pathetic not fare favorably in the endless 1980 comparisons, the job with the focus of the ABC- On Olympics Hype, Heroes, and Hockey by Joseph Galvano The Olympics have come and gone but the miracle never arrived. Thanks to the American Olympic Committee and ABC, the American public was lead to believe that the U.S. Hockey Team would repeat its 1980 performance. Indeed, due to all the preOlympic hype, the public believed it was the team's manifest destiny to defeat the godless, red slav horde in a holy war for Christendom and Coca-Cola. Our boys represented everything clean and pure in Ronald Reagan's America.They were "America's Team" and were invited to endorse everything from coffee to kitty litter. As the Olympics approached, the pressure on the hockey team increased. Constant reminders of the 1980 games were thrust upon both the players and the public. Comparisons between the teams were, of course, inevitable. The public was told that this team was faster, stronger, and shot better. If the 1980 team had the element of surprise in its favor, then this team had talent on its side. Although ABC portrayed the team as the Second Coming, someone forgot to tell them that they were invincible. Their pathetic performance against Canada emphasized their age and inexperience. The key line of LaFontaine, Olczyk, and ) ensen nicknamed the "Diaper Line" averaged a mere 18 years. Yet, despite their shortcomings, they were expected to compete against the cream of international hockey and win the gold — medal. — ABC bombarded the public with reminders of the 1980 "Miracle On Ice" in order to increase viewing interest. This strategy obviously backfired when the team collapsed so quickly. With nothing to use to fill the void left by the of the Madison Avenue I cannot help but feel sad for the individual athletes. So often the artist or player must suffer from the over-commercialization of an event. In the case of the hockey team, their downfall began when the medals were placed around the necks of their 1980 predecessors. The novelty was gone and everyone was ready for them. The Canadians and Czechs knew better than to take them lightly and, most of all, the American public expected them to win. The Olympic Committee did its best to hype the team, but it succumbed to a bad case of nerves prior to the start of the games. Fearful of losing the key opening game to Canada, they protested the eligibility of several members of the Canadian team, claiming that they had signed pro contracts and were therefore ineligible. The Canadians responded that the players, having appeared in fewer than 10 NHL games, retained their amateur status. The International Olympic Committee ruled against Canada and disqualified two Rather than players. disheartening the Canadians, this move seemed to give them a boost. They played with spirit and confidence. The Americans, on the other hand, seemed tentative, fearful of making a mistake. After the collapse, the inevitable finger-pointing began. The most likely candidate for blame was the coach, Lou Vairo. He, like the rest of the team, suffered from comparisons with the 1980 squad. Vairo obviously was no Herb Brooks, it was said. He couldn't even get the team into the medal round. In reality, there was no individual who could be blamed. The team was a victim of media hype and not a lack of talent. Many of its members will undoubtedly enjoy excellent NHL careers. Hypsters, foundering hockey team, the network lost viewers who However, thanks to the Hypsters, preferred to watch sit-coms in- Madison Avenue the always carry as will they stead of such esoteric sports that team being the stigma of luging. lost the gold medal that should Although this writer is tempted to smile at the misfortune have been won. ABC focus should have naturally shifted to the Canadians fighting their way to the medal round, journalistic focus should be on the competitors, not which country is winning more medals. The broadcast "journalism" of local announcer Clip Smith did not help my Olympic viewing either. He had the brilliance to announce the U.S. medal in pairs figure skating in the middle of the competition on a local news brief. He was promptly flooded by angry calls. There was a bright spot to the Olympic coverage. Howard Cosell was not there. nics seek to find individuals who can be faster, stronger and better than anyone before them, it also emphasizes the friendly competitive spirit among athletes of different nations. It is better to compete and come in last than not to compete at all. To all those athletes with no medal expectations, there is no thrill of victory, only the more important thrill of competition. Crazy Lugers After extensively viewing these events, normally seen only on Wide World of Sports, I've determined that lugers are the craziest of the lot. Now I liked my trusty Flexible Flyer as much as the next kid, and I would never criticize an individual for playing a kid's game before millions of viewers—{that would be jealousy)—but hurtling down a tubeof ice at seventy miles per Then there are the athletes hour is meshugenah. These who had legitimate medal folks must have flown off their sleds as little tykes and hit a hopes who still found the biggest thrill to be competition, tree head on, and they've been with winning secondary. Peter trying to regain that old form Caruthers, skating with his ever since. To compete in the Winter sister in pairs figure skating before a boisterous pro- Olympics, one must devote* Athletes' Attitudes American crowd at the Zetra thousands of hours to practice The jdumalists did manage Arena, said of the wild cheerskating, fly record distances to capture and convey the ing, "To heck with the marks, through the air on wide skis, Olympic attitudes of the wide we just came over to hear run exhaustively through the spectrum of athletes attending that." snow on skinny skis, or try to the games. On one extreme propel one's body down a was Rosalyn Sumners, U.S. the events sheet of ice at foolishly inFinally, figure skating silver medalist. themselves leave me wonder- credible speeds. The serenity Along with her skates, she ing about the sanity of the and security of a legal career is brought her parents, siblings, human race. Who is crazier: clearly and logically a boyfriend, two coaches, and a the luger, the bobsledder, the preferable way to spend one's sports psychologist in her pur- ski jumper, or the downhill life. Nevertheless, and consuit of Olympic gold and a fat racer? One kamikaze after trary to all the logic I've learnprofessional contract. Despite another appeared on my ed, despite the egos and my staunch patriotism, I screen, ready to defy death in ruthless competitiveness of somehow did not feel too sorry pursuit of glory. At least the some athletes, and despite all that she didn't win the gold. cross-country skiers kept their the problems inherent in any On the other side of the feet on the ground, as did the Olympic games, I would give spectrum was the entire Puerto figure skaters for the most anything to be able to comRican team. One' man and his part. (I still don't know why pete in them. Even if.tbe only luge. He came in dead last. skaters don't get sick.from all way was on a luge. I'd just drag my feet. While it is true that the Otym- that spinning around.) PASS WITH PIEPER The Pieper seminar is now the "hot" bar review count in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT March 2, 1984 Opinion 11 �for those students who are serious about a Bar review course. For all 1984 graduates who register with BAR/BRI, there will be a SSO DISCOUNT off the regular course price. For ail 1985 &1986 graduates, there will be similarly a $175 DISCOUNT off the regular course price. The discount deadline has been extended! Sign up at the BAW BRI table by depositing $5Q • Sure we give you great Books that many students have found valuable for law school course study. • Sure we give you the most supplementary materials during the course (condensed outlines, mneumonic devices, practice tests and essays graded personally by New York lawyers). • Sure we give you the most course locations in New York State, as well as throughout the country (enrollees may transfer freely). • And sure we give you the best pizza & beer, coffee & doughnuts. But ask those who have taken the course and they'll assure you- BAR/BRI has the most capable lecturers. You'll realize how important that is when you're studying during those 6 weeks, 5 days a week. And if you're not taking BAR BRI then, it will be too late. V^'V^/L/REVIEW BAR M 401 Seventh Avenue, Suite 62 • New York, New York 10001 • (212) 594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:52:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4bfb2af7702fba96a649a7732fec934d.pdf 1cff9f4b180eefeaec83cd81d83566fa PDF Text Text Vol. 24:10 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 14,1984 Bozer, Kawa Win In-school Reach Final Mugel Rounds The Intramural Mugel Tax Competition ended on Saturday, February 25, 1984 in the Moot Court Room. Secondyear student Jill Kawa and third-year student Alan Bozer emerged the victors, taking school honors in both the exempt status. Further, the tioner ranks of Buffalo, who deductions were properly sat in three-judge panels. The taken, and, even if not, would other two U/B teams in the properly be included in the preliminaries were composed subsequent tax year under the of Bob Cozzie and Ted Araujo, tax benefit rule. The and Chip Termini and Rob respondents argued the opSant. All four teams were reposite. quired to argue one round onFour U/B teams submitted brief and one round off-brief in written-brief and oral advocacy parts of the competiletters of intent to compete in the preliminary rounds. tion. The team of Christopher the intraschool competition. The school finals on SaturFink and Patrick Higgins, both "We were a bit disappointed in day were argued in front of the seniors, placed second. the lack of interest," said Moot distinguished panel of ProThe subject of the day was Court Director Dan Pease, fessors Del Cotto, Greiner, and the tax benefit rule and so- "but we were highly pleased Zimmerman. The judges were called "double-deductions." by the quality of the teams primed, having been prepared The subject of the competi- which did compete. The by the problem's creator. Ken tion, Mr. Sonof Farid, a cashrounds went smoothly with a Joyce, who sat in the audience basis, unmarried taxpayer, minimum of trouble because and enjoyed the show. A recepclaimed educational expense of the excellent help of a tion was held afterwards in the Faculty Library. deductions on his 1979 in- number of people." dividual return for certain law Foremost among those helpThe National Mugel Tax courses in which he ing Pease was Lisa Rodwin, a matriculated to advance his member of the Moot Court legal career. Farid deducted Board of Directors/ Rodwin these expenses in full, but was personally saw to the schedulreimbursed half of the sum ing of judges and the coordinathrough scholarship and tion of a number of integral acveteran benefits in 1980; the tivities. "It's a lot of work," other half of his expenses were said Lisa. "But to see the Comby Wendy Cohen purportedly covered by a trust petition proceed so smoothly gave me great satisfaction." distribution in 1979. The Faculty Student RelaPreliminary rounds were tions Committee will be inPetitioner taxpayer argued that all three sources of in- held on Friday evening, vestigating abuses of library come were tax exempt, and February 24th. Judges for the materials which may have that to treat them differently preliminary rounds were taken place during last fall's would effectively remove that chosen from trie tax practi- Desmond Moot Court Com- —by Seth Fitter Emory and U/B Finalist Teams Competition finals were held on Friday, March 9th in the U/B Moot Court Room. The Buffalo team of Jill Kawa and Alan Bozer faced the Emory team of Frances Faddis and Kevin Dinan. In a closely scored match, the Emory team prevailed to earn the first place award. The Best Oralist prize was voted to Buffalo's own AI Bozer; the Best Brief award went to Connecticut School of Law. Moot Court Board Complaint Spurs Library Abuses Probe Dean Names New Faculty Members by Wendy Cohen Dean Headrick has announced the upcoming addition of two new faculty members to the Law School this fall. The two full-time faculty members who will join U/B are Judy Scales Trent, currently teaching employment discrimination at Catholic University Law School, and Dianne Avery, currently teaching part-time at U/B Law School. Ms. Trent received her J.D. from Northwestern University Law School and a Masters Degree in French from Middlebury College. She has an extensive background in employment discrimination law, having worked with the Equal Employment Opportunity Commission in various capacities since 1973, most recently in the EEOC's appellate division. She is tentatively slated to teach a firstyear course in administrative regulation, and upper division courses in either constitutional or civil rights law. Ms. Dianne Avery, a 1982 graduate of U/B Law School, is currently teaching Tax II this semester, filling in for Mr. D.elcotto and Mr. Greiner, who usually teach the course. She is petition. A subcommittee comprised of two third-year students, Keith Martin and Jill Paperno, and one faculty member, Professor Charles Carr, will begin week by presently an associate at the its investigation this interviewing members of the law firm of Hodgson, Buffalo for any Russ, Andrews, Woods, and Moot Court Board possible clues as to the identiGoodyear. Ms. Avery received of any student responsible ty her Master's Degree in English for destroying or hiding library from Wesleyan University, and during materials the Desmond her prior teaching experience The Committee's Competition. at includes teaching English response to an inaction is in the Bromfield School in formational complaint from Massachusetts. Ms. Avery will probably be Moot Court Board Director a teaching a first year Property Dan Pease, who submitted detailing memo instances course in the fall, and she is where cases, law review ardesigning a new course in to "family transactions." The ticles and statutes related the discrimination pregnancy family transactions course will topic of the Desmond Comfocus on property exchanges petition, were found ripped and transfers between family books. out of members, and will combine elements of family law, tax, Library Materials and gratuitous transfers. Found Hidden to Although she was asked In addition, although teach Tax I last fall and Tax II perhaps not related to Moot this spring, she p/obably won't Court twentyCompetitions, be required to teach tax next seven volumes of bound law year. reviews were recently found In other Law School news, hidden on the fifth floor of the ProDean Headrick said that Library, placed neatly fessor Howard Mann, who suf- Law behind some seldom-used this fered a stroke earlier government documents. The semester, was doing well, acbooks, not visible unless the cording to his family.. Professor documents covering them Mann's operation went were removed, were found onsmoothly, and he plans to be ly because the library was back after spring break to moving some government resume teaching Constitu- documents from the fifth to tional Law IV. the sixth floor. According to Turning to the topic of next Assistant Library Director Ellen continued on page 5 Gibson, a selection of law review volumes, including volumes from the faculty library, and two copies of Volume 17 of the Index to Legal Periodicals were found hidden. In most cases, two copies of each volume were hidden, and the faculty books still had their sign out slips. Ms. Gibson said that it was impossible to tell exactly how long the books had been hidden, except that the last checkout date on one volume was in 1982. In most of the library's stacks, books can't be hidden the way these law review volumes were, because black cardboard dividers keep books from being pushed so far behind other books. The worst part of the incident, she concluded,was that the books were so well hidden that they might never have been found at all, but for the fact that the library was moving part of its collection. The hiding of law review articles will be one aspect of the library problem that the FSRB subcommittee will try to obtain more information about, according to student member Keith Martin. He added that the subcommittee will probably be speaking to library staff as well as members of the Moot Court Board, in an effort to find the person or persons responsible for the abuses of library materials. While he concedes it is unlikely that continued on page 8 12 Students Agree Not to Sue Buffalo by Marty Smalline On the 21st of February, 19 students living in houses in the University of Buffafo area were taken from their homes in the early morning and were served appearance tickets for housing violations relating to maximum occupancy and restrictions on attic residency. City representatives have conceded that, in fact, the landlords of the homes in question are truly responsible for the violations by providing the illegal accommodations. In a radio interview on February 27, University Heights District Councilwoman RoseMarie LoTempio stated that as early as August of last year, meetings took place between the city legal department, University District officials and police detectives in order to formulate a plan of action against the many absentee landlords who maintain illegal apartments in the area. Students "Needed" Buffalo officials concluded that it was necessary to involve the students in order to verify the actual existence of the housing violations. In the past, charges brought against the landlord alone resulted in dismissals due to the lack of substantial evidence that the property was in fact being used illegally. In retrospect, the city officials now admit that the February 21st early morning arrests of the students who oc- cupied the targeted houses were unwarranted; however, in the face of an overwhelming public reaction against the arrests, it would seem ludicrous continued on page 8 �Vol. 24, No. 10 Wednesday, March 14,1984 Editor-in-Chief Mary Ellen Berger Managing Editor Ray News Editor: Feature Editors: Stilwell Victor Siclari Wendy Cohen, Andy H.Viets Business Manager: Bob Cozzie Staff: Ted Araujo, Martha Beach, Alan J. Bozer, Robert Bursky, Victor J. D'Angelo, Randy Donatelli, Cliff Falk, Jeff Johnson, Pudge Meyer. Kathy O'Hara, Greg Phillips, Anna Marie Richmond, Eric Turkewitz, Jud Weiksnar Contributors: William J. Alford 111, Seth Fitter, Joe Calvano, Mark Mulholland, Cerri Picket, Marty Smalline, George Terezakis © Copyright 1984, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of .New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial Policy of Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. . Editorial We've Got To Have Hart Until just a few weeks ago, former Vice-President Walter Mondale appeared to be driving a steamroller towards the Democratic Party's nomination for the Presidency of the United States, picking up the endorsements of many interest groups and politicians from around the country. He seemed to be leaving his competitors far behind, as evidenced by public opinion polls placing him twenty or more percentage points ahead of John Clenn and the other candidates. The results of the lowa caucuses were more evidenceof what many interpreted as being the inevitability of Mondale's selection as the Democrats' nominee. But then came New England. A United States Senator named Gary Hart, who previously had been nationally known only as the manager of George Me Governs ill-fated 1972 presidential campaign, scored major Our Readers Write Re: Cut-throat Competitions To the Editor: Recently, while reshelving books in the Law Library, I made a startling discovery. I was on the fifth floor, moving New York Documents up to the sixth floor where the Documents Department is relocating. While reaching down to remove books from the bottom shelf, I noticed a volume of the Index to Legal Periodicals laid on its side and pushed back behind the Documents. The more I search- ed, the more I found. Within and renewable energy sources can take up the slack. On the other hand, he urges nothing better than compromise between business and environmental interests in most other environmental policy areas. Of perhaps most interest to students. Hart would like to see $20 billion in new spending each year for education, nutrition and job training. In addition, he has been an avid supporter of civil rights and equal protection laws, advocating equal pay for the same work. Finally, we like the experience Hart would bring to the Presidency. He is a lawyer who has worked for both the Departments of Justice and Interior. In Colorado, before taking over the McCovern campaign, he practiced and taught law. In 1974 he was elected to the United States Senate, where for the past nine years he has served on theArmed Services Committee. If we have a criticism of the Senator it might be his rather supercharged ambition to attain the presidency, but this is tempered by his thoughtfulness and realism. Hart, then, is from the wing of the Democratic Party which describes itself as "neo-liberal," constituting something of a transition beyond Mondale's knee-jerk liberalism. This undoctrinaire approach to politics appeals to us. Mondale now' claims thatthe race for the nomination is for1 the very heart of the Democratic Party. We agree, but it is Gary Hart who represents that heart, not only of the Democratic Party but of the entire country. We, therefore, support Gary Hart as the Democratic Party's nominee for the Presidency of the United States. Opinion 2 March 14,1984 writing projects. I recall last year's Law Review competition when the disappearance of certain sources necessitated a posted notice warning of the conse- quences of discovery of such plemented to reduce the occurrence of cheating. These might include: (1) action by the administrative committees of these competitions clarifying and promulgating their policies on competitive honesty and the potential sanctions involved, and (2) requiring competitors to sign an acknowledgement form regarding these policies and sanctions (like currently used for Law School exams). Admittedly, these measures are rather simple. My purpose in writing, however, was not to solve the problem—but to make others aware of it. The honest competitors need to be protected and rewarded. Many of them literally drop everything for 10 days or two weeks so that they can pour their hearts into their projects. Learning of unfair competition often operates to discourage them in their efforts. I strongly urge that the administrative committees of these competitions give a little extra effort in developing policies to discourage such unfair com- practices. I also recall the complaints of this year's Moot Court competitors of missing sources, and the Law Library's assessment of damages at over $1,000. The use of these practices is not only largely ineffective, but also breeds distrust among law students. I realize that there are no easy solutions to this problem. petitors. Although I have been It is largely a problem of exposed to some fierce comhuman nature —there will petition during my first year always be insecure people who here, I was shocked by the feel the necessity to cheat. I thought that one of my compa- believe that there are, petition. nion law students would resort however, certain minimal proto such tactics. I spoke with a cedures which could be imtwenty minutes I had found 27 volumes of miscellaneous Law, Reviews and 2 Indexes to Legal Periodicals. These included many duplicate and triplicate copies of the same volume. Obviously, an insecure competitor in one of the Law School's many competitions felt the necessity to hide the books from the other com- Terry Brown-Steiner CDO Scheduling Conflicts Preclude First-year Students political upsets in New Hampshire, Maine and Vermont, situating himself not only as a contender but possibly as the front-runner of what is shaping up as very interesting campaign. Hart has accomplished his surprising successes.through a platform,of "new ideas," "a new vision for this country's furture," and "a new generation of leadership." Our admiration for Hart, though, is based on more than just his media To the Editor: theme of "newness." We support Gary Hart's bid for the Democratic nomination for a number of reasons, not the least of which is that he This is in regard to the refuses to be categorized as simply a liberal, conservative or moderate, editorial column in The Opihis the but instead takes stances on issues based on what is best for nanion, March 2, 1984. I should tion, stances with which we generally agree. On economic matters, Hart respects the free market economy and like to call the writer of that growth of business, but he also views Government as being a problem editorial's attention to a comment that he or she made solver which must play an active role in directing our economy. He rejects the "domestic contents" bill, but on the other hand supports the about law student attendance development of high-tech industriesand the training of people to work in at the CDO Career Discussion those fields. His proposal to balance the budget consists of raising some panel. taxes, closing loopholes, and keeping increases in defense spending to a The first panel was held on minimum.'He has also shown an interest in taxing'consumption rather February 21 at 3:30 p.m., which than savings and investment. While Hart sees a need for cutting back on was exactly the same day and entitlements programs, he would not do it by cutting back on aid to the time as all first-year students poor and needy, but by changing the way Government services are were required to attend a lecdelivered, to ensure that federal funds get to the people they are supposed to be helping. Hart would not only ask, therefore, how much money is ture as part of our Legal Ethics to be spent on a particular program, but exactly how it is to be spent. course. When I noticed this We especially like Hart's views on the military. As do Mondale and scheduling conflict, I went to Clenn, Hart sees the necessity of increasing the defense budget in the CDO and informed Audrey of range of 4% to 5% a year. Again, though, he questions how that money it. She had no idea that there is to be spent. He opposes the B-1 bomber and the MX missile. He would was a conflict and by such build the more maneuverable F-16 jet fighter rather than the over-priced, then it was too late to do over-sophisticated F-18. Hart sees our navy as requiring more small conventional carries instead of expensive vulnerable nuclear carriers. He anything about it. All that also recognizes the need for spending more on pay and supplies to en- could be done was to videotape the CDO panel sure that the expansive military hardware we already have works effectively and is operated by skilled individuals. which, of -course, would not Hart's foreign policy also demonstrates his realistic view of the world. give students an opportunity The Senator favors a cutoff of aid to El Salvador unless its leaders put a to ask questions of the stop to quasiofficial political murders of civilians. He called for the panelists in person. withdrawal of the Marines from Beirut in September of 1982, long before I say all this to point out that Mondale or Glenn. In strategic foreign policy, Hart favors approval of the SALT II Treaty and such proposals as the "build-down" approach to nuclear arms reductions, rather than a simplistic and unverifiable approach to nuclear arms policy. Admittedly we have reservations about Hart's committment to the environment. He does take a reasonable stand on nuclear power, believing that it cannot be phased out until the next century, when conservation - member of the library staff, who informed me that this sort of thing has been going on for years, but seems to have gotten worse lately. The tactics employed ranged from hiding books and fiche to tearing pages out of casebooks and Law Reviews. This year these unfair practices have even spread into the research and perhaps the real reason for Thank you for your attensuch low attendance, at least tion. at the first CDO panel discusRespectfully, sion, was because of a lack of Name withheld communication between upon request various departments in the law school. Another CDO scheduling conflict arose last week on Wednesday, March 7. The Law Review meeting for interested ••- • • first-year competitors was scheduled for 2:30. The CDO scheduled a Public Interest Law talk at 3:00 p.m. on the same day—if the Law Review, meeting went beyond 3:00 p.m., then first-year students interested in attending both would not be able to do so. It seems to me that such scheduling conflicts represent a distinct and typical lack of communication between the various departments and organizations in this law school, and I do not believe Re: Usufruct Conveyances Dear Kind Sir, It was with the greatest interest that I read Mr. Bozer's article concerning the. survival of the property right of "USUFRUCT" in Tamil Nadu. As a native of that far off land, I can attest to the importance of the usufruct in the everyday life of my people. I remember when I was a child in Madras, where my father was a well-known lawyer, how the usufruct was that the students should be often the means by which, the blamed totally for not atten- poorer classes would convey ding CDO functions—we canincorporeal interests in the not be two places at one time! land from one generation to another. I recall the barefooted children of Ootacamund, living in the environs of Mysore, who often were heard to complain that if only their fathers had properly conveyed the usufruct their families' plight would be happier ones. Praise to Vishnu and a curse on the heads of poor draftsmen. Often have I wondered if that old, Anglo conveyance had survived the land purges embarked upon by the Hindi culture of the north. May the heavens be praised, and may the monsoons come Mr. Bozer's way regularly. Just as the cows are milked daily in Kerala, so the usufruct will confirm the aspirations of the The Opinion's SPRING RECRUITMENT PARTY Thursday, March 15th 4 p.m. Room 724 poor. May Vishnu turn his eyes toward your paper. Sincerely ,'i ~K5 Vishnaruwa Vishnarrameswarra �BLSA News . Malcolm X: Reflections on a Revolutionary by Gerri Picket For so long, so long, so long. On Monday, February 27, 1984, the Black Law Student You did not die in vain, Association (BLSA) paid tribute For the Freedoms you to a fallen great leader. The spoke of tribute took a form of a proWill be won. gram entitled, "Do You Remember Malcolm X? ReflecAkua Kamau, a community tions on a Revolutionary." The activist and chairwoman of the main feature of the program Jesse Jackson Speaker Bureau was a film, narrated by Gil Noin Western New York, shared ble, titled after the charismatic memories of Brother Malcom leader, El-Hajj Malik El- X. She read the following poem Shabazz, who was assassinated as being her favorite: on February 21,1965. Phyllis Murray, a graduate A Poem For Black Hearts student in the Library Science by Le Roi Jones Dept. here at U/B, read poems commemorating this shining For Malcolm's eyes, when great prince, Malcolm X. Her they broke the face of reading captivated the spirits some dumb white man. For of the audience by such poems Malcolm's hands raised to as: bless us all black and strong in his image of WHEN YOU DIED ourselves, for Malcolm's words fire darts, the When you died, Malcolm victor's tireless thrusts, Defending and speaking words hung above the For the brother that world change as it may, he You loved, we mourned said it, and for this he was Your loss. killed, for saying, and feelThey silenced you ing, and being/change, all With shots. collected hot in his heart. But your voice For Malcolm's heart, raisIs still heard ing us above our filthy By-those cities, for his stride, and his Who have taken up the beat, and his address to the Fight for freedom grey monsters of the world. For Malcolm's pleas for your dignity, black men, Your ringing voice Has filled us for your life, black men, With wild desires to speak. for the filling of your And from our throats minds with righteousness. Loud and clear. For all of him dead and gone and vanished from us, Defiant and strong. Have come soul stirrings and all of him which clings For Rights, for Freedom, to our speech black god of for Justice our time. For all of him, Denied us and all of yourself, look SBA Commentary Students' Phone Use Must Be Curtailed by Anna Marie Richmond Finance Committee Member The SBA executive budget devotes more money to telephone bills than to any other single expense. The 1983-84 telephone allocation is $2400. The next largest allocation is $2000 to the Social line, followed by $1900 to Com- mencement. The total SBA ex- ecutive budget is $12,135. Why is more than one-sixth of the SBA budget dedicated to paying phone bills? The Fall semester telephone bill recently arrived, and is posted on the wall of the SBA office. A brief examination of the computer printouts reveal a total charge of $580.61 for the months of July to early December 1983. Of that total, $96.30 is for local calls. Theremaining $484.31 is the cost of long distance telephone calls made on 636-2143, a line shared by the SBA and BLSA. Line 636-2143 is one of three unrestricted lines used by student organizations. (An unrestricted line is a Centrex line capable of dialing anywhere. The other two -classes of Centrex line are: fully restricted-a line that can only reach and be reached from other Centrex phones--and locally restricted~a line that can be reached from any .- r.i.w vfTMiMiri.M 7 telephone, but can only dial to stations in the Centrex system and the local calling area.) Law Review and Moot Court have up, black man, quit stuttering and shuffling, look up, black man, quit whining and stooping, for all of him, For Great Malcolm a prince of the earth, let nothing in us rest until we avenge ourselves for his death, stupid animals that killed him, let us never breathe a pure breath if we fail, and white men call us faggots till the end of the earth. Danny Figueroa, a first-year law student, brought back memories of the sixties and what many of us felt regarding institutionalized racism that was so overt during that period. This thought was revealed by: not You are not like me You will not sit next to me You will not talk to me Is it conceivable to you that I am just like you Or is it you that is not like me. The line between us is not a thin line. It is a thick line. It is the thickest they come. It is a brick wall. True The blood in our veins is the same color but what exists beyond that has created the obstacle to peace been penetrated for years and will not be penetrated for centuries to come You are not like me You will not sit next to me You will not talk to me For many years I have attempted to coexist in an alien world and yet my struggle is fruitless!!! THE OBVIOUS CANNOT BE IGNORED YOU ARE NOT LIKE ME. YOU WILL NOT SIT NEXT TOME. YOU WILL NOT TALK TOME. F"* YOU!!! U/B Sponsors Symposium On Jackson's Candidacy (particularly Yassir Arafat). These actions in themselves do not show any disfavor for Jews On Thursday, March 1,1984; or the Israeli position, but Mark Trammell, a former U/B merely reflect a willingness on student, and Dr. Gene the part of Jackson to reestablish the type of neutrality Crabiner, a former U/B professor, gave a presentation that will be necessary for the which outlined both the peaceful resolution of the by William J. Alford 111 Vice-President, BLSA domestic and international candidate Jesse Jackson. The purpose of the symposium was to facilitate an open discussion concerning the rainbow coaliviews of -Presidential tion and to clarify certain widely held misconceptions about the Jackson campaign. In his speech, Mr. Trammell assiduously reflected the notion that Jesse Jackson is antisemitic. He asserted that those allegations were largely based on the fact that Mr. Jackson has been photographed embracing several Arab leaders Political Arab-Israeli conflict. Jackson believes that Jews should have a homeland, but does not support the expansionist policies of the present Israeli government. Dr. Cene Crabiner, himself a Jew, also supports the candidacy of Jesse Jackson. He stated that Jackson is the only candidate who is dealing openly with the greatest issue confronting the American people today: the issue of maintaining peace. Under the current American administrator), the bulk of social programs have been curtailed or severely cut at the expense of increasing the military budget. Thus, Jackson's campaign is geared towards making corporate interests subservient to human needs. No other candidate has attempted to bring the issues that concern political outcasts (minorities, women, the poor, the elderly, and the handicapped) to the forefront of American politics. Consequently, it is only natural that the forces in this country that adhere to the Reaganmentality view Jackson as a potential threat to their interests. Thus, as Dr. Grabiner correctly notes, "Even if Mr. Jackson doesn't win the election, his very presence has forced both the Democratic and Republican parties to rethink their platforms." political Commentary Public Shouldn't Be Misled By Jesse Jackson's Apology the two other unrestricted lines. The telephone bills for those organizations are not by Robert Bursky paid with student fee money. The SBA telephone bills, in I recently became embroilcontrast, are paid with maned in a heated and rather loud datory student fees. conversation concerning the Archie Bunker of this year's What do these fees pay for? Presidential campaign—Jesse There are two arguments ad Jackson. At the outset, I wish vanced supporting the to categorically deny any and availability of a long distance all accusations to the effect telephone line. One is that the that I am a racist. Unlike line is necessary to conduct Jackson, I am not lying important student business. through my teeth when I say The second is that it's nice for something along these lines. students to have a long "Do you really think that he distance line available, if they dislikes Jews?" I was asked. must make a personal call. Heavy emphasis on the word Students who use x2143 for "really" by the questioner was personal calls are requested to an attempt to classify my posirecord their calls on a log tion as extreme and unwarsheet in the SBA office, and to ranted even before I had a reimburse the SBA when the chance to present it in full. I bills arrive. replied that, of course Jackson Both contentions have some does not dislike Jews. He loves validity. Either would be a suf- them. In fact, the word ficient reason for maintaining "Hymie" is the vernacular the service in a perfect world. equivalent of the word Neither justifies the current "Brother". situation. "Hasn't he apologized for Calls made for legitimate that?" student business need not be "Most certainly. He has reimbursed. Presumably, peo- apologized for not being more ple who have made such calls discreet about his bigotry." have every reason to record Jackson epitomizes a onj&ge amongst mankind that has BRICK WALL by JUNITO prevalent type of hypocrisy in faith he espouses, and is an oftoday's minority community. fense to those who are faithful Minorities can get, but need to the tenets of Christianity. not give. They can hate, but Jackson is not, nor can he ever cannot be hated. They may hope to be, the legacy to Or. condemn, but may not be con- Martin Luther King. He will demned. Such an attitude has have to settle for being the been facilitated by the imposi- Black version of Father tion and implementation of Coughlin. When Jackson disavowed legal double standards which, in essence, give carte blanche his slanderous remarks by for doublethink. One wonders commenting that he had stood what Jackson's reaction would beside Jews at Skokie, he be if someone were to call all neglected to point out that he Blacks "Leroys." The utterance did so, not out of affection or would no doubt give rise to a sympathy for the Jewish comcharge and summary convic- munity, but rather because tion of racism, the penalty be- Nazis are almost as fond of ing death through a brutal Blacks as they are of Jews. His tongue-lashing by the Rainbow self-serving actions should not Coalition. Words of hate and be misconstrued as the vinprejudice that are spewed dication of a mindset which forth from the mouths of preaches intolerance disguised minorities, however, are as liberalism. tolerable, if not morally You may have gathered by now that I am not supporting justifiable. What is perhaps most tragic Jackson in his campaign efabout Jackson's narrow- forts. Still, one must face the mindedness is the fact that he possibility that he might be our claims to be a man of the next President. If that should cloth. If he is, it is in name on- come to pass, then I hope that he will have a Vice-President ly. His comments, when combined with his religious title, who will complement him constitute a perversion of the well-say James Watt? JJ... March 14, 19 M Opinion >r riatsM noirfciO IMT 3 �Critical Political Analysis Colliding Viewpoints: Law School & Beyond by George THE MYTH OF THE "ENTRENCHED", MONOLITHIC, LEFT Politics is a volatile subject. I am sure that were Mr. When we debate political Donatelli, and others like him issues we defend, in many in- (See Goldstein: The Opinion, stances, our innermost convic- 2/15/84) able, they would put tions. When these political thewhole free world at ease by ideologies collide, as when summoning all suspected "leftatoms are split, intense heat is ists" before their hallowed often given off. So long as this tribunal,and put them to the heat is not vented in the form test: 1. "Are you now, or haveyou of malicious attacks upon the person with whom one is ever been, a member of the debating, the individual who Communist Party?" enters the political arena 2. "Is is true that you dislike should be prepared to defend apple pie?" 3. "Did you vote for Ronald their position, instead of whinReagan; will you vote for him ing in self-pity when they encounter criticism. If the heat's this fall?" An inappropriate response too hot in the reactor, fold up your brief case, go home, and to any of the above could re-evaluate your position. result in charges being brought under the Sedition Act. What does it take to be deA SHORT DIGRESSION Certain comments made in nounced as a leftist? Ask Dan this article are directed at Mr. Dooher. While sitting at a Donatelli: they are a response table in front of the Law to points he has raised in Library with a display designed previous letters; where this is to publicize the slaughter in El the case I will refer to him Salvador, and most specificalspecifically and by name; this ly, to solicit support for an inarticle is not directed solely at vestigation of the abduction of the President of the Student him. of Bar Association of the Univerin any have never been I Mr. Donatelli's classes. I sity of El Salvador Law School, would, however, like to point he received an interesting comout that by the time one ment: "Hey Dan, I didn't know reaches Law School, his/her you were a Communist, what "formative" years have long are you doing there?" (Dan felt passed. If one feels threatened no necessity to respond.) What other intelligent combecause a particular professor editorializes about some ments were received? "I can't aspect of a' legal issue, let that write my Congressperson, I individual make his/her point might want to apply for a and challenge the professor, or government job down the his/her fellow classmates. The road." No use getting academic environment should blacklisted in the land of the be an intellectual crucible, not free and the home of the a soup kitchen for spoon brave. One never knows when one might want to do a spot on feeding thin gruel. A.Terezakis Political Satire Mascots Not For New Yorkers Only by Joseph Galvano Every now and then, interesting pieces of local downstate news are reported by the Western New York press. It was recently announced that Mayor Edward Koch wants an official mascot named for New York City. Judging by the state of the city, several possible candidates come to mind. To commemorate the economic situation in the tristate area, a Bowery Bum could be adopted. Complete with open sores and a mucus covered beard, he would be a wonderful representative of the thousands of homeless who roam the streets, untouched by the .^ renaissance of Manhattan Island If the citizens feel the Bowery Bum does them no justice, a poison-immune rat might be acceptable. In the slum-filled outer boroughs, the ornithologist at the disease carrying pigeon is bound to get many votes. Always a favorite with the avante-garde community, the intricate patterns made by For heart, pigeons on buildings and statues break new barriers in modern art. The sentimental favorite of most New Yorkers is, of course, the humble cockroach. Like the most loyal dog he is always there to greet you in the kitchen with a cheerful smile, thanking you for not washing last night's dishes. If Mayor Koch truly wishes to nominate a mascot to represent New York City, one of the above choices would do very nicely. The enthusiastic reports of New York's rebound might hearten wealthy real estate speculators who live in Manhattan's gentrified neighborhoods, but it gives lit- tle solace to the residents of the decaying outer boroughs. companions to many New Yorkers New York has taken on the apwho live in sub-standard hous- pearance of a Third World Capital with a glittering central ing. Hardy enough to thrive on surrounded by rotting area rats are strychnine, able to live Jn any area of the city. slums. Investment continues to Whether sweltering in 90 pour into Manhattan spurred degree heat or freezing in on by tax abatements while unheated apartments, the rat is Brooklyn, Queens, and Bronx one of the only animals able to neighborhoods continue to reendure New York's extreme main seas of. poverty and crime. climate conditions. rats have been 4 constant <iti»te(»n »«Mr*tl*il*M the Voice of America. (Mr. Wick, where is that list of Americans blacklisted by the U.5.1.A.? See New York Times, 3/2/84, p.A-15) A FASCIST BY ANY OTHER NAME Mr. Donatelli has satirically observed that a leftist can: "usually spot a fascist a mile away". {The Opinion, 2/1/84, p.3) He's got better vision than 1.1 usually have to get up close to a person and talk with him/her for a while before I make that judgment, and when I do, it is just that: my judgment. I guess that I am guilty of being one of those rabid leftists who have denounced certain of my fellow law ... students, on particular occasions, as being fascist. Why? Once, while I was debating American foreign policy in Central and South America, a fellow law student and I became involved in a heated argument. My position, in short, is that our government should stop arming and supporting butchers such as Pinochet in Chile, the current regime in Guatemala, and the corrupt government of El Salvador and its right wing death squads. (Amnesty International's 1983 report on El Salvador cites: "a systematic and widespread program of torture, abduction, and in: dividual and mass killings of men, women and children." See also: New York Times, 11/18/83, p.A-12. U.S. trained Salvadoran troops massacre over one hundred villagers sympathetic to leftist guerillas.) That particular individual s response was: "Come on George, you don't really believe in that do you?We support those governments because it is in our interest to do so; do you want to see the standard of living go down in this country? Do you want to let the Communists take over down there?" My response is: "Do you believe that our government has the right to support regimes which kill all opposition; and do you believe we should pay for it?" His answer: national communist con- spiracy," just as are the struggles in Guatemala, Chile, Salvador, the Philippines, and South Africa. THE MYTH OF THE APOLITICAL ORGANIZA- TION Should Mr. Donatelli carefully hunt about this Law School, I sincerely doubt he will find a single apolitical student organization. Contrary to his self-satisfied there is no: "one notable exception". {The Opinion, 3/2/84, p.3) All student organizations "propagandize" certain political and social beliefs. Is this wrong? No, but one should recognize a copperhead for what it is and not try to elevate it to the ethereal when in fact its primary means of locomotion is on its belly through the dirt." "If it is in our interest to do so: yes." That's when I got a good look at him; it wasn't a mile away; and it wasn't Dixie he THE SHAMELESS PERSECUwas whistling, it sounded a lot TION OF "RIGHT MINDED INDIVIDUALS"* like: "Deutchland Über Alles". Political self-determination is an ideal worshipped as the cornerstone of American foreign policy. Why is it that our government so brazenly seeks the violent overthrow of the Sandinista government, a government that not even the most critical, open-minded, individual could ever begin to compare with that of Somoza? Because it's part of the "inter- I empathize very much with Mr. Donatelli's indignation over the reported burning of the local chapter of the Federalist Society. (*For an interesting discussion of this phenomenon, see: Goldstein, The Opinion, 3/2/84, p. 2.) I do continued on oaee 8 Legal Commentary U/B's Classroom Approach Drags Truth Out of the Closet by Mark Mulholland Certain law professors at Buffalo have embarked upon a Fourteen years ago a Yale course which steers away from Law student tried to describe this shallow approach to legal an elusive malaise that had education. Their methods endescended upon his col- tail a dramatic exposure of the leagues. The often-brutal tegal system's socially relative Socratic method had fostered nature. Their methods do not a sullen passivity in once-eager involve the public degradation students. Cases, statutes, and of those students unable to doctrinal interpretations were decipher ambiguous case law relentlessly forced into (which is fully dissected in undesiring craws. This virtual highly accessible hornbooks). indoctrination failed as a The focus is on a factoral teaching method in two fun- analysis of legal decisiondamental ways. It left the stu- making, an analysis which dent ill-prepared for the "real treats the alleged "rules" world" —meaning the world of realistically —as simple comcorporate law practice. More ponents in a complex operafundamentally, it created a tion. The pool has thus grown student-teacher schism. These so much deeper. two inadequacies grew in Today at Buffalo, a malaise dimension and intensity, drawlingers on; it is not, however, ing their strength from one the same one grappled with by another. Duncan Kennedy in his early There is a dishonesty in- years at Yale. The problem herent in the purely doctrinal here is one of expectations. It approach to legal education. is unquestionable that the Law The lie essentially holds that School has taken*a triumphant "The Law" is an autonomous step forward in opting not to body of rules which is ex- teach law as an autonomous cruciatingly difficult to learn. system. But the majority of the The traditionally closeted disenchanted students imtruth is that ours is a socially plicitly asks that the School relative legal system. Forcing take a step backward, that it students to accept a shallow return to the approach which lie is nevertheless essential to occasioned bitterness, depresthe perpetuation of the present sion, disillusionment, and legal structure. Indoctrination often outrage. Others, a small through hostile teaching minority, accept the step formethods reinforces the hierar- ward and ask for more. They chical relationships among realize the value of dragging senior partners, partners, and the truth out of the closet, associates; to coin the phrase while seeing the need for of a friend, "it lets you know refinement. (Still others, who who's boss." Simultaneously, it hopefully will write in these establishes the dependency of pages later, believe that the young associates through a new approach has caused a denial of useful and realistic classic case of four-tiered pragmatism. alienation.) These_rat.ional and ......... sensitive criticisms are welcome and needed. But the seductive demand for a return to dishonesty is thoroughly unacceptable. The disenchantment ex- pressed by those unfavorably surprised during year one at the Law School stems in large measure from their own expectations. Law students want taw; they want it in their notebooks; they want it in their briefcases; they want to take it home. It has become apparent of late, however, that once "the law" is encumbered with all its longcloseted relatives, it no longer fits into one's briefcase, and certainly not into one's notebook. Fortunately, for those of the bitter ranks, there is now on display at the bookstore a large hornbook mosajc; each part has been priced individually and sized to fit all briefcases. ' The point, however, is to avoid a path by now worn smooth. This path leads first to the bookstore; the mosaic is indeed most hypnotic. Next comes apathy. There is, of course, little else that one can feel upon realizing that the system is not failing, but simply is not. And thus comes a sense of uselessness. The resorts at this point—we have been told—are miserably few: alcohol, Little League, perhaps remaining in bed. A febrile call by one faculty member urges awareness of these unfortunately common "careers." Although a few have listened, most remain childishly delighted witft fte. mosaic ' �/ Poetry The Big Snow by Victor J. D'Angelo Sitting on snow and writing a poem, My ass is wet and the wind is hlowin'. Last week we had a big snow, To Law School we didn't go. Oh how we all cheered and how we all feared, That we wouldn't be able to use our cars till May. Jimmy Griffin arrived on a Ft. Lauderdale flight, They didn't plow my street till late Friday night. Isn't it fun to play in the snow? I'm so glad I chose to live in Buffalo. -by ME. Orvis * U/B's poet laureate contemplates rhyme and reason. Moot Court I didn't do it, but I watched you all go through it. It's a truism I say, and some lost their way, and had to mutilate a Fed Supp or two, as they went through, the Moot Court competition. SBA Bylaw 13 Compliance The Parent Law Student Association, with a sitting room on the sixth floor (room 604), is open to anyone, particularly to parents with young children and infants. The sitting room is equipped with a changing table, bookcase, chairs and colorful hangings. Our facilities are available to any, member. Please leave a message in box 207 for roore information. Faculty. continued from page 1 year's budget, tinued, the Dean conalthough the Law School will be able to add two or perhaps three new faculty lines in the fall, there will be no increase in clerical or support staff, any projected increase in the Law School's budget going to close a running deficit. Headrick further announced that there will be a slight increase of about 20 students to the first-year class, and 20 students to the upper division next fall, in order to help the university meet its enrollment goals. Finally, the two days that —by ME. Orvis Andy H Viets was afflicted this week with a severe case of writer's block, but he will be back in the next edition of The Opinion with more of his "Meanderings." the school was closed in February due to snow will have no effect on the length of the spring semester. Headrick explained that due to the tightness of the spring schedule, and of facilities, extending the semester by two days would be impracticable. Those faculty who wish to do so may re-schedule lost classes on an individual basis. The 1984 Commencement Committee and The Student Bar Association present Spring Thaw r^\l(®\ (jS^^^) at the Niagara Hilton F»day, March 30,1984 [^ / — 1 Cocktails at 7:3Opm Dinner at B:3Opm Dance Music Provided by *\ Jack Freedenberg & friends ~v 'Buffet Menu Salads Steamship Round of Beef Desserts Cole Slaw Cheese Display Relish Tray Assorted Cold Cuts Pan Roasted Potatoes Rolls & Butter Cottage Cheese Display Green Beans Almondine Coffee & Tea . Seafood Newburg PLUS TWO HOURS OF OPEN BAR Tickets on Sale March 14,15, 16 and March 26,27, 28 in front of Library $13.00 per person with Entertainment Card • • $15.00 per person without Entertainment Card * ' limit 2 tickets -MinMt I%i«M4 nfkftnifn 5 �In Vogue At OurLRaewvu cheres. Once Revue show Law another again has come and gone, and moi was so thrilled by some of the fashion statements made by participants in this year's fete that moi was simply compelled to put pen to paper and dash off this review. For both nostalgia buffs and others, the highlight of the evening (in this reporter's opinion) just had to be that sparklBonjour, mes ing display of synchronicity put on by the Spinoffs. Nimbly and performing acrobatic feats to thestrains of the Spinner's smash hit "I've been working my way back to you, babe," these gentlemen were smashingly attired in an ensemble that featured white jazz shoes and ruffle-fronted shirts with scarlet bow ties. Spinoffs lead singer Keith Martin looked particularly dancing distinguished, his grey suit ac- ly only once—a mishap, as moi knows from experience, due merely to higJi-heeled pumps-alas, those treacherous narrow heels! While the Spinoffs got the evening off to a splendid start, there was much entertainment to follow, including the appearance of The Opinion's own Miss Mary Ellen Berger and Mr. Raymond Stilwell in a Career Development Job-AThon skit designed to encourage prospective employers in all walks of life to hire U/B Law seniors. Miss Berger displayed "be true to your school spirit" in a white sweatsuit emblazoned withthe University's crest. Mr. Stilwell, taking the lead from CDO's own Alan Carrel, selected a blue polyester blazer with brass buttons and a red print tie. While Mr. Stilwell carried this outfit off with style; moi considers it moi's duty to warn younger law students that such attire will simply not do for in- cented with a red button hole carnation to match his bowtie. While Mr. Martin and the gentlemen in the group —Steve terviewing, or similiarly imporBerkowltz, Chris Fink, Michael tant occasions. As Mr. John Morse and Kurt Sherman —all Molloy, author of Dress For danced charmingly, their grace Success, has unequivocally was almost eclipsed by the stated, those who wear brass ladies who joined them. Mary buttons are suited only to Idzior, in a crisp white shirt leading parades.. A further solecism was comand bow tie once again tapped danced her way into our hearts mitted by Mr. Thomas and, in a surprise performance Cassada, who played a small Miss Marjorie Girth, simply but pivotal role in the CDO and neatly attired in a beige skit, holding up a silent pullover and darker brown telephone and looking out on slacks, made a guest ap- the audience beseechingly. Mr. pearance. Though unrehearsCassada, the last law student ed. Miss Girth danced with one would expect to breach a skill and verve, slipping slight- rule of etiquette, was guilty of Vedge's Law 'IHAD V THE. f\UD4<Liry TO hand) iaJ SOCtf /m^ ATRoaoOS J ob ///lV O'Har /was Th£JI /^M£/... 70Vf?f N V^toUL/ S£«»«S^ roR RefIPWQ »Pr. / TOOK fo fTßflw^c« I/J/S/OTH£R Kathy hours/ * by Phot s 4| • //l VN 6 Opinion March 14, 1984 \ C7—■ C^ \^^ �sipping beer trom a plastic cup during his performance. True, many performers (including faculty members) sipped beer on stage as well, but moi has it on good authority that Mr. Cassada is the only student in the law school who owns a copy of Miss Manner's Guide to Excruciatingly Correct Behavior, and thus is cognizant of Miss Manner's views on public drinking. For shame, Law School Poet The audience was also treated to a poetry reading by the Law School's own poet laureate, Vie D'Angelo. Mr. D'Angelo read a selection of new works including "Emily is a Genius" and "Law School Man," looking purposefully artsy in sunglasses, a tweed jacket with elbow patches and a tie loosely knotted over his throat. Thomas. Other Fashion Notes One of the best dressed performers in the show was undoubtedly Miss Tracey Kassman, whose varied roles caused her to change from a neatly skirted suit to a stunning cerise cocktail dress, decorated with a layer of flounces at its neckline. Miss Kassman wore matching red flowers in her hair. Special mention must also be paid to the Master of Ceremonies, Mr. Mark Spkolowski, who presented the very picture of elegance in a black tuxedo. (Even when Mr. which included the inevitable Sokolowski was obligated to Lacoste alligator sweater, this change his attire to appear-in a time in a soft baby blue, and a later skit, he did so discreetly, light blue button down Oxford another gentleman holding his jacket to shield him from view cloth shirt. In addition to wearof the audience.) ing his traditional preppie atOne final corhment, to Mr. tire, Mr. Joyce also joked about the subject of ungraded Jud Weiksnar regarding his final exams, advising the au- choice of headgear for the dience that he had never let a Hornbook the Magnificent senior graduate without skit: Mr. Weiksnar, berets are grades. The more things fashionable this year, not turchange, the more they remain bans. Please consult with moi before choosing a chapeau in the same. Best Robed Prof The evening was also highlighted by the awarding of the Best Robed Professor award to Mr. Ken Joyce. While in the past students have voted for the professor they most desired to see disrobed, this year decorum prevailed and, thus, the award was given to the faculty member thought to appear at his best robed. The robe ceremoniously awarded to Mr. Joyce was a half-length, powder blue one and fortunately matched the remainder of his ensemble, the future. /Wllj COS h7^~^<^^ \l 30 5P£/JT // /PLUS I —Wendra St. Claire /bri, Cohß MouJt rtoots//tMS€ctt-E x /?A/e7^e^\ ukxjlp CX? /Y^HO^, VeJ\ March 14, 1984 Opinion 7 �Copeland, Sheehan Represent U/B Law New Waves Notes Taken at the Videotheque by Jud Weiksnar When rock videos first came five years out about four or ago, they mystified me. Why, I ■wondered, would anyone want to watch one of those things? Music was meant to be heard, not seen. I was convinced that they were just a fad, and that they would never catch on. As any stockholder in MTV coutd tell you, I was wrong. Rock videos have arrived, and it looks like they're here to stay—at least until the next technological innovation —by M.E. Orvis Kimberly Copeland and Timothy Sheehan, whose efforts at Temple University's Polsky Criminal Procedure Moot Court Competition (held last month in Philadelphia) placed them in the semifinals, further enhanced U/B's reputation as a force to be reckoned with in regional Moot Court competitions. Congratulations! Students . Won't Sue. continued from page I to admit otherwise. Because of the severe treatment that the students received, given the nature of the violation charged, the question has arisen whether action can be taken against the city for a violation of the students' rights of due process, which ideally protects citizens from overzealous action by state institutions. Twelve Struck Deal Twelve of the nineteen students are no longer in the position to take such action against the city. On February 28th, Chief City judge H. Buswell Roberts dismissed the charges against twelve of the students in return for their agreement not to sue the city of Buffalo for its action in arresting them. Judge Roberts had signed the search warrants used in the housing raid two weeks earlier. Seven of the nineteen students refused to accept the bargain and vow to stand trial. David C. Jay, the attorney representing those seven, told the Buffalo News that the offer of dismissals conditioned on releases was made to his clients, but that they have chosen to stand trial, thus re- taining their right to attempt a subsequent action against the city. Further action against the seven was set by Judge Roberts for March 20th. Judge Roberts refused further comment. Dom it Better, Faster for Less! W.fcnl. if, i SmnpUt Copmd ALSO: • ••• TkkM tain a rtumtm Brochum Bu*. Cards 9 LstlailMftds • Envfllop#s IDIMFUM 9171 IWn Si 04-7M* B3S-0100 Opinion 8 Charges were dismissed against: Rocco Capuano, 20; Thomas McDonald, 21, Brian VanWagener, 22; William Schaumloffel, 21; and Robert Marion, 19; all of 24 Highgate Avenue. Charges were also dismissed against Thomas McNulty, 22, of 21 Minnesota Avenue, and the following residents of 91 Englewood Avenue: Sheila Creenfield, 21; Janet Neuburger, 21; Peter Snyder, 21; Paul Recht, 21; Kenneth Rosenberg, 21; and Theodore Pelton, 22. Charges still remain against Peter Baxter, 22; David Haber, 24; Aldith Powell, 23; John Moore, 27; George Baron, 25; Eric Pollard, 19; and Lori Joubert, 25. FSRB continued from page 1 enough evidence will be found to prove someone guilty, he stressed that the offense is a serious one, and that he personally views it as academic dishonesty, worthy of severe punishment. He added that the subcommittee is also concerned with finding ways to alleviate the problem in the but pop radio stations weren't giving the songs any air play —until the album took off based on its MTV exposure. Then all of a sudden you heard the Stray Cats on everything from 97 Rock to WBEN. It was probably the first time an album became a radio hit after it sold out at the stores. It almost always occurs the other around. Video seems to keep getting bigger and bigger. Grammys are awarded in several video categories. Michael Jackson hired John Landis of Animal House fame to produce his comes along. Videos have grown to the 14-minute "Thriller" video. point where they not only Screens proliferate in bars and reflect the latest trends in restaurants. The biggest one popular music, but they shape I've seen is at the 2001—it them as well. Duran Duran is looks like they borrowed it the best example of a group from the Buffalo Drive-In. While some videos are very, made by the video revolution. Here's a bunch of guys who are very good, others can be very, o.k. musically, but who come very bad. Some of it may be across great on film. When due to the producer or the some high school girls catch budget, but what it basically these hunks on MTV, they just comes down to is how creative have to go out and buy the the artist wants to be, and how album. A picture is worth a well he/she/other (Boy George) comes across on film. thousand sales. What's a good video? The Stray Cats are another —One that makes people group made by MTV. Viewers loved their videos "Rock This stop talking and start watTown" and "Stray Cat Strut," ching. (See "Anything by way Michael Jackson," infra.) —Most of those by E noinfluenced artists, e.g. Talking Heads, Devo, David Bowie. These people are extremely creative, and the video medium gives them just one more excuse to let it all hang out. — Anything by Michael Jackson. Whether you like him or not, you must admit his videos have the EF Hutton effect. When they come on, people listen—and watch. What's a bad video? —Just about any of those you see on RockWorld. These appear to be MTV rejects. (RockWorld is a competitor of MTV, and is broadcast on those campus t.v. screens, including the one outside the first-floor lounge.) —Any of those where the band just stands there lipsynching. If that's all you want, just watch Solid Gold. —Most heavy-metal videos. These are definitely geared toward the high school, leather jacket crowd, and are like the music they portray —heavy handed, low on creativity, and just plain dumb. You need more than a beat to carry a good video. Critical Political Analysis... continued from pane 4 not doubt that this was done. I denounce the act, as I'm sure many others whom Mr. Donatelli would label "leftist." Donatelli should, however, realize that his particular organization is not the only one to have its announcements defaced. I have seen organizations who sponsored speakers from the Church in Nicaragua or the unions in El Salvador have every single announcement on the campus torn down the night before the presentation. Let's get over this unfounded paranoia. Not only is there political intolerance, there is in which the Left and Right will listen to each other and respect the other's views." (The Opinion. 3/2/84, p.3) Ideas have to earn respect and acceptance. One's birthright in this nation should be to be guaranteed an opportunity to present one's ideas; whether or not they will be avidly embraced by one's peers is another issue. (Then again, under the Donatelli analysis, if you are one of the "brighter students," I imagine you'll probably just sit in the back of class somewhere, keep your mouth shut, and wring your hands.) (The Opinion, 3/2/84) also, often, down-right hostility. Does that mean that the acts are the result of a concerted conspiracy by the amorphous Left? You tell me. WHY THIS RESPONSE? A NEED FOR CRITICISM: FROM THE LEFT OR RIGHT Mr. Donatelli has also protested the lack of: "an unrestricted atmosphere, one environmental, feministic, homosexual tolerating, liberalleft type students in this Law School. I speak for myself and out of a deep antagonism (AND A SOMEWHAT POINTED ONE AT THAT) I cannot speak for all the card carrying, free speech advocating, anti-plantation, pro- fascism and toward totalitarianism. It was not long ago that my grandfather came to this country, settled in a small town on the Ohio-West Virginia border, and had his restaurant boycotted and a cross burnt on his lawn. I have not forgotten the stories told by my relatives of fighting the Nazis in Greece during the Second World War, or the first hand accounts of life under the occupation. "Right minded individuals," what will you do when you see the news clips on CNN of a Salvadoran soldier standing over a handcuffed civilian who is lying face down in a street in San Salvador. What will you do when he winds up and kicks that person in the head with his shining black jack boots? Think about it, and understand why it is that some individuals hold such strong views about the subject and are perhaps a bit hostile to the cheerleaders of the Reagan, Kirkpatrick, and Kissinger Fan Club. future. Commenting on the inDean Headrick said, "I regard such transgressions if proved to be a serious matter," adding that if any accused person is convicted after due process, the punishment vestigation. will be severe. Headrick noted that the destruction or hiding of library materials is a serious offense, and that if a person is guilty of trying to gain personal advantage at. the expense of disadvantaging other students, serious questions are raised as to whether that person should be permitted the privilege of practicing law. The Dean also added that discussions regarding increasing the investigatory powers of the FSRB are being conducted, and that it may be possible in the future for the FSRB to obtain the services of outside professional investigators. March 14, 1984 V HAPPY SPRING W BREAK "*s^ I /WT From The Opinion �Marine Corps Officer and lawyer, talk with You'll get first hand experience in the courtroom right from the start. In three the Marine Corps Officer Selection Officer years, you could handle more than 3,000 when he visits your campus. More than cases in a wide variety of subjects from -190,000 Marines could use your service, : . international to con- i L z^ Maybeyou can be one ot us. WW M tracts to criminal law. If you think you have E=ii!iiiiiiiiiiiiM | MmfiVC IQ(\ /I/I/I niiattto, tha 9uMM etart frAm f Ulll UK 11 1 <*dE^ ™^'tS^ liiiiijiiiiim ■■■" # ==_ 1 ■^= f= -^= f g r 0 to m m V w m [ A • March 14, 1984 Opinion 9 �Visiting Hawaii, The Land of Good Living ments I got when I went up to the cashier to purchase the lotion—"You expecting to get a tan in the winter, eh? Chuckle, by Victor R. Siclari Well, it is almost that time. Spring (Buffalo Winter Part II) break is only two days away and you still don't have any plans. You say you are tired of the same, old, usual "Let's go to Florida" regime. You are tired of being one of the crowd and fighting all those crowds down in Fort Lauderdale or at Disney World or wherever it is in Florida that college students flock to. You say you want something different, exciting, extraordinaire. Well no need to fret because you can be on your way to a paradise of sun, white beaches, and dancing girls (yes, that's right—dancing girls) in bikinis. "Where," you ask, "is this chuckle." She sure shut up fast when I told her I was leaving for Hawaii the next day. Although she said, "Have a nice time," as I left, I knew she didn't mean it one bit and probably hoped it would rain the whole week I was in Hawaii. The Flight to Paradise arrived at the airport on time the next morning (no O. J. Simpson feats necessary) and World Airways swept me off my feet with their Luxury World Service—chamAnyway, I pagne and quiche for breakfast, wine and fish filet for lunch, more wine and prime ribs for dinner, and a hot lemon-scented towel after each meal to freshen up. This helped make the 4959-mile, 12-hour flight a little more bearable, especially after hearing all. the songs on the music channels in the plane for the fourth time. (I could have gone on American Airlines with my two friends, but it would have cost me $1200 instead of $450. I will never understand what makes a seat on an airline triple its value in one week. Luckily, though. World Airways doesn't require advance reservations for their supersaver flights, as American structing sand sculptures with modified plastic buckets, bottles, cups and ordinary kitchen utensils. On the Saturday that we were there, they built a lifesized scene of a punk rock family watching MTV with their punked-out dog. They colored the scene by spray painting it with a mixture of water and food coloring. The son and dog had purple Mohawks, the wife had a red polka-dot dress and the father had lightning bolts on his T-shirt. On Sunday,they created a city of miniature pyramids. It took them about six hours to create these sculptures, and during the whole time crowds of people stood around watching. They are so well-known that they were featured on Real People on February 8. Besides the beach, we visited the new U.S.S. Arizona paradise?" It is Hawaii, our fifMemorial in Pearl Harbor. tieth state and by far the best After 42 years, the ship still acquisition made since holds the remains of 1,100 men just under the surface of the Manhattan was bought from water, and oil from inside the the Indians for $24.00 in ship still scars the surface of trinkets. You say it can't be done, not in two days, not with the blue-green water as a sort the price of airfare. I say it can does.) of ghostly reminder. People Upon arrival in Hawaii I was commemorate the dead by be done, because I did it over winter break. immediately overcome by the throwing flowers into the beauty of the palm trees in the water. The Navy requests you Preparing for Takeoff middle of the airport and the do not throw coins in the My trip was spur-of-thewarm weather (I was still in a water, though, because the moment, with airplane reservadeep freeze from Buffalo). I no alloys in the coins corrode the tions made less than eighteen sooner had realized that this coral that has built a protechours before takeoff. Needless paradise was real when I was tive shell around the ship. We to say, a lot went on in that whisked off to the hotel in an also visited the National Punshort time period. Plastic airconditioned bus (but I chbowl Cemetery, another money and 24-hour banking yearned for warmth!) memorial. Its monuments list solved the problem of how I It wasn't until we were in the names ofover 26,000 Misswas to pay for my expenses by Hawaii that we learned that ing War Dead from War World providing me with some imthis is their rainy season. II and the Korean War. mediate cash and allowing me However, we were blessed Mai Tai Fever to charge the rest. The actual with sunny, 80-degree plus packing was not a big problem; weather and were able to lighter-headed The side of the problem was what to pack. spend most of the time on our trip included a luau at The prospect of travelling to Waikiki Beach soaking up the Paradise Cove where we imbibHawaii had been the furthest rays. ed many mai tais (a drink with thing from my mind when I left five types of rums surpassed Buffalo (since the only island I Bumming on the Beach only by the Long Island Iced expected to visit was the Long The beach was a sight to see. Tea). As pur group arrived we one). However, thanks to Men and women alike wore were accosted(!) by a pretty stores that keep inventory on the smallest bathing suits perHawaiian girl who bestowed a their shelves from two seasons missible by law in their at- drink and a lei upon each of us ago, my adventure was not a tempt to expose as much of and posed with us for a picdisaster, r wasable to purchase their bodies to the sun's rays as ture. Then, once we had eaten a few pairs of shorts, some possible (and they did a good a dinner of traditional summer shirts, and a bottle of job of it, too). The only blight Hawaiian food and imbibed on the beach was this very some more free mai tais, the suntan lotion. Boy, the com- ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION"! (ASK ANY "REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANBWER the most difficult Essaysl WHY TAKE ANY CHANCES? REGISTER NOWI We were over-subscribed eleven consecutive tlmesl 6 SUNDAYS, Commencing JUNE 10, 1984V<l to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY FEE: |200. KASS PROBLEM ANALYSIS CLINICS AGENT: \ 27 WILLIAM STREET NEW YORK, NEW YORK 10005 (212) WH 3-2690 10 ~stifc"W%mr girl came to the table with the developed picture. By now we were ready to submit to anything and consequently purchased the glossy 8 x 10 for $10 (those Hawaiians don't miss a trick). Soon after another pretty girl grabbed obese woman who wore a florescent-colored bikini. Maybe she was there to warn ships ashore. The most interesting aspect of the beach, however, was the They weekend sculptors. spend their weekends con- 1^....^ "~ ■ some of us and brought us on stage to dance the traditional Hawaiian hula. Unfortunately, she left our side and some ugly male Hawaiian, who was five times the size of the girl, led us in the hula. It was a good thing I had brought my wide-angle lens. On another night we indulged in more mai tais and hula dancing on a sunset dinner cruise aboard the Royal Prince, the yacht used in the series Charlie's Angels, Hawaii FiveO, and Magnum P.I. Although we were told that Tom Selleck has a house somewhere en the island of Oahu and can occa- sionally be seen in the clubs in Waikiki, his whereabouts were a well-kept secret (as if I really cared, anyway). perienced the lifestyles of these respective islands from the music, dancing, grass hots, and daily activities like coconut husking. Hangin' Loose Overall, life in Hawaii leans toward the simple and laidback. For example, instead of naming their bus system something like the "Metropolitan-Suburban Bus Authority" (whew!), they settle for a simple "The Bus." Another example is their favorite saying —Hang Loose—which is also communicated by a hand sign depicted by the extension of the thumb and pinky from a closed fist. It means just what it says—to hang loose, don't get uptight, and take life easy. In Hawaii, no one wears ties, and suits are out of the question. Appropriate dress includes a Hawaiian shirt plus whatever else you feel comfortable in. And if you are the kind of person who is timeoriented and always looks at your watch, don't go to Hawaii. Everyone here takes it slow and easy. Unlike NYC, obey motorists the pedestrian's right of way and pedestrians don't cross the thoroughfares unless there is a "Walk" signal flashing, even if I'm Flying High Now Other activities included more drinking at bars and discos. There are probably more drinking establishments on this 3-mile strip than any 3-mile strip of Ft. Lauderdale. We also went to the traditional tourist traps upon which no cars can be seen for blocks. Hawaii's economy depends I myself found this rule hard to greatly.and went "parasailing" follow. As they say, you can (parachute sailing). This is a take the boy out of the city, sport whereby you are harness- but you can't take the city out ed into a parachute which is at- of the boy. tached to a speed boat by a You Can't Fool Me tow line which lifts you off The favorite joke a from dry dock in the middle about Hawaiian's the tourists is that so of the bay and pulls you as you "sail" in the air. When the ride many ask where they can obends, you make a three-point tain Hawaiian money. For landing in the water that is those of you who are not too quick, Hawaii is one of our akin to jumping into a pool. states and uses the dollar for its standard currency. Have Jeep Will Travel Another must on our agenda However, there is some merit was renting a jeep to explore to the tourists' question. the island. We drove into the Hawaii did have its own curcrater of Diamond Head (the rency before acquiring its same one seen in Hawaii Five- statehood, but to purchase it O), a volcano which has been requires many U.S. dollars. The most interesting fact extinct for over 750,000 years, and then hiked up to its outer about Hawaii is that 60 percent edge to explore a lookout post of its population is of Japanese used during-WWII. On our way descent and only a mere 15 to Sunset Beach and Bonzai peroent is native Hawaiian. Pipeline (whose winter surf The rest of the population is hosts the world surfing com- mostly Chinese and mainland petition with their 40-foot American. Because of this, waves), we passed miles of some native Hawaiians do Dole and DelMonte pineapple tender animosity towards and sugar cane fields. Each "foreigners" for "invading" year less and less pineapples their island. However, as far as are planted. Labor is cheaper I saw, they were as ready to in Central America so most of take my money as anyone the production and planting else's. has moved downthere. The onMahaloa and Aloha ly pineapples now planted in Before we knew it, the week Hawaii are those that will be shipped fresh. The sugar cane had come to an end. ,lt was industry on Hawaii is near ex- time for us to say "Mahalo" (thank you) to the islanders for tinction for the same reason, whereas only ten years ago it their hospitality and the opportunity to share in the celebrawas a major industry. We also stopped at the tion of their silver anniversary Polynesian Cultural Center, of statehood. Since I had operated by the Church of thoroughly enjoyed my stay, I Jesus Christ of Latter-day found it very difficult to leave Saints, more commonly known this paradise. Before I end this, I want to as the Mormon}. Here, students of the Brigham Young leave a little bit of advice to University, also operated by fellow law students. If you the Mormons, work and need to take, a not-soreceive credit or remuneration expensive, luxury vacation to while they coordinate exhibits get away from it all, go to one of of the native cultures of the Hawaii. And if you are Polynesian Islands (Hawaii, Fu- those persons who can't indulge without feeling guilty. ji, Tonga, Samoa, Tahiti, The Marquesas, and Aotearoa or New Zealand).. Here we exkfllttiflffilSPJßKf.!7 �Advocates On Ice Advance to Championships by Alan ). Bozer Wheatfield, N.Y., Mar. 5, 1984~The official Law School hockey team. Advocates On Ice, today advanced to the finals of the intramural hockey league playoffs. With a surprisingly easy effort, the Law "I never wanted to go to Mcd School," said Szanyi. "I had nothing to prove." Szanyi added another goal later to bring his league leading goal figure to sixteen. "I'm simply very good," he explained. But the teamwork was important, too. "It was obvious these mcd students each con- School heroes surgically removed the Medical School sidered himself a top surgeon," team from contention by the score of 9-3. Captain Al Bozer once again had his Advocates ready for a tough game. The squad flew onto the ice, skated circles around the Ice Meds, and performed in an altogether professional manner in the dispatch. The Meds were dissected, part by part, their weaknesses probed and explored. In the first few minutes, explained Capt. Al. "They had no finesse, no sense of the ART of hockey. I never wanted to go to mcd school either." Indeed, it w^s the consensus in the lockerroom after the game that it would have been a big mistake for anyone to have gone to medical school; at least anyone who wanted to play good hockey. Jim Navaugh had three fine assists with Szanyi, and played Kevin ("Do It Again") Szanyi with the unselfish abandon scored three goals with no which has marked the Adanswer from the opposing side. vocates success this season. , "There could only be one professional school hockey champion, and it sure wasn't going to be those stethoscope carriers/ remarked Navaugh. The pressure on the opposing goalie was at times so intense that the Meds seemed to be sleepwalking through it. "They may get away with that stuff in the hospitals, but they won't when they're on trial in the rink with us," noted Bob ("Spell my name right") Spangenthal. Once again, Sterling Nets Grue came through as "defender of the immaculate goal." Commenting on another by Peggy McHale fine performance, Crue said: Front Row (l-r): Paul McCrath, Bob Spangenthal, Sterling Nets Grue, Ira "The Meds proved that the only shots they know how to give Hecht, Jack Lane. Center: Capt. Al "Ironman" Bozer or take are those administered Back Row: Lee Smith, Brian Dennis, Kevin Szanyi, Adam Wekstein, Peter with a hypodermic needle." Bradley, Jim Navaugh, Ken Moscowitz Navaugh, Ira Hecht, Brian Dennis, Lee Smith, and Peter Bradley scored the other goals for the Advocates. — Student Telephone Abuses. continued from page 3 them. The current bill lists 7 calls accounting for $5.48 of expenses designated as business. Legitimate student business does not use a significant proportion \of the long distance budget. Personal calls made by students, for whatever purposes, obviously comprise the bulk of long distance calls. The personal calls are made on an honor system-people are expected to pay for their calls when the bills arrive. As of this writing, 25 calls have been claimed, amounting to $53.50. Susidization of Personal Privilege This abuse must cease. At a time when every SBA allocation is the subject of careful consideration, and very few requests are granted fully, it is outrageous that the SBA continues to pay for the private phone calls of a privileged few students who abuse the system with impunity. Visit Hawaii. . . Adventures of Empire's SuperSaver X ,' NEXT DEADLINE FOR The Opinion WE MUST? THERE'S- No\ TtLLINS MOW /MUCM WORD PROCESSING It v^^^\/ I/IF STUpeNTS TO 9OC* EARLY, I Jx^CT tL te W"*3 WE DOWT 6fT TWESE VON-^i^ J^^M I 7VEV' is Wednesday, March 28th! We hit the stands April 4th! P^oto I . . Access to the phones cannot those honest students who be restricted. The SBA and habitually claim their calls. BLSA offices are frequently But student fee money should open to the entire student be distributed as a result of a continued from page 10 body. More than 30 people formal request-and-decisiontell yourself (or your parents) At first you may wonder,why have official keys that give en- making process. It should not that you are going to Hawaii to Hawaiian's have only one word try to the rooms at any time. be expropriated by a privileged visit its law school (which is acfor hello and goodbye,Aloha, Who knows how often the keys few for personal long distance credited by the ABA.) and to but once you arrive you will are lent, or how many pirated calls. The SBA should pay only inquire about a transfer (tui- understand that once you say copies of keys exist? Clearly, for the local calling capacity tion is about the same as Bufhello to Hawaii, you can never falo). really say goodbye. the use of the phones cannot on all SBA lines. be monitored. There are calls made after 11 p.m. on the bill; we cannot post a 24-hour Empire Airlines' Collegiate Defender of Low Airfares, Champion of the Student guard to record calls. Obviously the honor system SUPEftSAVER HIES B WE MISTCUSe HIBH ABOVE THE C/HfUtCl WITHOUT DISCOUNT doesn't work. $425.28 in RESERVATIONS THERE'S 1 HWM HIS RETREAT. W DOWN THE SCHOOL AMP STATC IN MIS MOUNTAIN NO ING HIS FIRST SCNP TELL I AIL STOP. WHETHER I WE STUPCNTS unclaimed calls speak volumes ACRie. EMPIRE SSUPIK / THE MAWS CTW«, ITO THE R«S W/JW THE THEV'it /MAKE /r MVER ISJMNNM6 wwnnimiww... | HO^t s^ty/ gpsTATg of our honesty. tl~ UNNEKSITVs ENPOW| |^ The only solution is to ggW THE EVIL SPRING BREAK THey OWALJ. \T Vf~ ; TRAVEL PER/OP /S U«W l_ t I YJtTT eliminate the long distance •: kSkV NWCE V OS. MUST WE MOBILIZE BSBt"tnOMSi |B|jU. yi^ ]r\ capacity of x 2143. The fact that the SBA cheerfully OISCOUMT RESERVATIONS budgeted $2400 for telephones B indicates that this problem is historic and endemic~the current SBA is no worse than its predecessors. Limiting the telephone's capacity to local calls will inconvenience those students using the phone for legitimate business, as well as %Vu3\? BUT SUHeRSAVCR. HOwW I MUCH I I JB >KQ9 CAN KU REMVf w SO0*"*8 - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. " W&Sw > :'. r /w L/ jk SAtPIRC AHUIMBSI "•■—"—**—^—^«—^^ B?! fn. H.rtf r^W.wam. «*»». Wtwlifcigtoii. "»*• PWm. •, Buffalo, Rochester, Baltlmof -Z!^^-»^ I IcliSCA* If tlcji/nome» and Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices 16 Typntyle. Symbols to Xeroxing. Printing. Bulk Mailing Chooie From * Printed to Look like Typeset Plck-Up O, Typewritten All Work Guaranteed — * . Delivery Available 883-3348 Call Proto-Type Randy For Ask %SBIS^^S empire For Beiewntlons and Information coll 800-962-5665-o«^our-TwjHWt Agent OSA^° 11 �1984 Baseball Preview: The National League by Randy Donatelli This is the first of a two-part report on the 1984 Baseball season. In this issue, the National League is featured and in two weeks the American League will be previewed. The National League's 109th season opens on April 2nd, and by early October look for the Dodgers to capture another pennant, their fifth in the last eleven seasons and ninth since they moved west in 1958. The Dodgers have built their team with homegrown talent, refusing to engage in all-out bidding wars for free agents. The Dodger front office and minor league system are the envy of all the other clubs, as are their yearly attendance figures which lately have approached four million. Fully expect the Dodgers to be the class of the National League again this year but watch out for the surprise team of the year, the Pitt- sburgh Pirates. The Bucs have the best pitching in the East Division and should prevail in a year in which there are no dominant teams in the division. In addition to the usually exciting pennant races, keep an eye on the pursuit of milestones by some of the league's great players. Pete Rose enters the season needing hits to become the second man in history to collect just ten 4000 hits. With 202 hits Rose can break Ty Cobb's all-time record for lifetime hits. Philadelphia's Steve Carlton will add to his total of 300 The trouble area with this club wins. Carlton will continue his is the outfield where Lee Lacy, seesaw strikeout derby with Marvell Wynn and Doug Houston's Nolan Ryan; curFrobel lead a mediocre group. rently they rank first and se2. Montreal: cond on the all-time list. Mike This team has consistently Schmidt leads all active Nafailed to win the division tional Leaguers in home runs despite their obvious abunand needs just eleven more to dance of talent. This year, reach the 400 mark. however, they are weaker than Pittsburgh's Bill Madlock will they have been in recent years. be gunning for his fifth batting Gone are Manny Trillo and Al title and the Giants' Al Oliver Oliver and, as a result, the Exwill be looking for his ninth pos will have to start both straight .300 season. Atlanta's Brian Little and Doug Flynn. In addition, Pete Rose will now Dale Murphy will try for an unprecedented third consecutive play first base. The bottom line MVP. Cardinal Lonnie Smith is that the Expos' infield will strives to remain the only achit no more than thirty tive player to never bat under homeruns, and pennants are .300 in a full season. The Cubs' not won with such low homer Ferguson Jenkins is just sixteen totals. Tim Raines has moved wins away from the rarely atto right field to make way for tained 300 plateau. rookie Mike Stenhouse in left. Raines, Andre Dawson and Here is a report on ea.ch National League team in the Gary Carter are all-stars, but it order I believe they will finish is clear that the Expos' lineup in the standings: has too many holes to win the N.L. EAST division. The pitching is very sound with Steve Rogers, Bill 1. Pittsburgh: The Pirates have the deepest Gullickson, Charlie Lea, Bryn Smith and reliever Jeff Rearand best pitching in the division. The starters will include don. This club should finish Rick Rhoden, John Candelaria, about two games behind the Pirates. Larry McWilliams, last year's rookie sensation Jose DeLeon, 3. St. Louis: and recently acquired John The Red birds have several Tudor. With Kent Tekulve, Rod strong points including the Scurry and Lee Tunnell in the best and fastest outfield in the bullpen, the Bucs will be solid league (probably the fastest of in the late innings as well. The all time). With Lonnie Smith, Pirates won't score runs at the Willie McGee and David rate they did in the 70's, but Green, left to right, the Cards with Tony Pena, Bill Madlock, have three .300 type hitters Jason Thompson and Johnny who can drive in runs and steal Ray, they should manufacture bases. The infield is solid with enough runs to make their George Hendrick, Tommy outstanding pitching hold up. Herr, Ozzie Smith and Ken PASS WITH PIEPER The Pieper seminar is now the "hot" bar review court* in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. I John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word - ask our alumni. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 LIMITED ENROLLMENT Oberkfell. Unfortunately the Cards really lack the pitching to win more than 85 games. Outside of Bruce Sutter, Joaquin Andujar and Bob Forsch, the Cards don't have much quality pitching. Infielderoutfielder Andy Van Slyke should emerge as one of the . league's best young players. 4. Philadelphia: The Phillies were one of the worst teams ever to qualify for the World Series, and this year's squad should support this claim. The Phjllies will struggle to play .500 ball and will barely finish ahead of the Mets. Steve Carlton, John Denny and Charles Hudson give the Phillies three good starters and Al Holland is the bullpen ace. Mike Schmidt remains the league's premier homerun hitter but no other Phillie will hit more than fifteen. To elaborate on the rest of the Phillie lineup would be an ex- ercise in futility. 5. New York: Met fans have good reason for optimism. This club is on its way up and will likely finish with about 77 wins. The reason for the optimism is the young pitchers. Jeff Bitttger, Tim Leary and Ron Darling all have impressive minor league credentials, and recently- deceptively effective with linedrive hitters Jose Cruz, Ray Knight, Jerry Mumphrey, Phil Garner, Terry Puhl, Dickie Thon and Bill Doran. The defense is nothing less than excellent, as is the overall team speed. Nolan Ryan, Joe Niekro, Bob Knepper, Bill Dawley, Dave Smith, Mike Scott and Vern Ruhle, give the Astros very strong pitching. 3. San Diego: The Padres' everyday lineup is among the best in the league. With Steve Garvey, Wiggins, Gary Alan Templeton, Tony Gwynn, Terry Kennedy, and others, the Padres should be an entertain- ing team to watch. Sophomore Kevin Mcßeynoids will be given the centerfield job and an opportunity to live up to his minor league phenom reputation. Tim Lollar and Dave Dravecky are the top starters on a staff whose strength lies in the bullpen. I'm picking the Padres to win about 88 games. 4. San Francisco: During the off season the Giants added Dusty Baker, Manny Trillo and Al Oliver. This trio plus Jack Clark will perk up a heretofore anemic offense. The Giants need good years from Johnny LeMaster, obtained Sid Fernandez compiled legendary strikeout stats Bob Brenly, Chili Davis and if they hope to while pitching in the Dodger Tom O'Malley, at the front runmake a run farm system. Veterans Mike Torrez, Ed Lynch, Doug Sisk, ners. Greg Minton and Gary Craig Swan and Walt Terrell Lavelle give the Giants the The round out the staff. Keith Her- League's best bullpen. Hamstarters include Atlee nandez, George Foster and Daryl Strawberry give the Mets maker, Mike Krukow and Bill a solid middle of the order. Laskey. The catching situation is pathetic and Mookie Wilson is 5. Atlanta: This club should experience barely adequate in centerfield. major slide this year. Two a The infield, outside of Hernandez at first, stinks. Look for starting pitchers tohave the the Mets to finish a strong departed: Phil Niekro Yankees and Pascual Perez to fifth. jail. Leadoff hitter Brett Butler 6. Chicago: The Cubs with Bill Buckner, has moved to Cleveland. Sure Murphy Ron Cey, Leon Durham, Jody the Braves have Dale they also Davis, Ryne Sandberg, Mcl and Bob Homer, but Hall and Keith Moreland, have theaterror-prone Rafeal no leftshould lead the league in runs Ramirezto short and scored. The Cub pitching, fielder speak of. Glenn Hubhowever, is horrible. Only bard and Chris Chamblis form bullpen man Lee Smith is a a competent right side of the bonafide stopper. If this club infield, but Homer and had the pitching talent of Mon- Ramirez give the Braves the league's worst defensive intreal, they would win the division. Rookie outfielder Joe field. The depleted pitching Carter could emerge as a star staff is headed by Len Barker and Craig McMurtry as starters ballplayer. and Steve Bedrosian out of the N.L. WEST bullpen. The Braves have fail1. Los Angeles: to replace the loss of key ed With Fernando Valenzuela, players and they will suffer Reuss, Bob Welch, AleJerry greatly as a result. Don't be jandro Pena and Rick fooled by the Braves of '82 and starters Honeycutt, the Dodger team is not a conare the best in the league. '83, this tender. Steve Despite the absence of Howe, the bullpen is sound with Tom Niedenfuer and Joe 6. Cincinnati: The Reds are truly in a Beckwith and, no doubt, rebuilding stage. Developing or two another brilliant rookie leaguers rather their minor Even with Dusty Baker gone, than high priced free signing the Dodgers will hit their share will pay long-term agents of homers as they always do. If dividends but, for the moment, their is a weak area it is at cat- the will sink or swim with cher. The Dodgers are simply theirReds young players. The outbest team. the league's field of Gary Redus, Ed Milner 2. Houston: and Paul Householder has The Astros will likely emerge potential, particularly Redus as the winner of the battle for whoresembles a Bobby Bondssecond place in the west. Last type player. Nick Esasky is a year, this team rebounded good third baseman who has from a horrible start to finish surprising power. Mario Soto with a winning record. This may be the league's best pitseason look for the Astros to cher, but the rest of the staff is win 90 games and finish about subpar. Bruce Berneyi and Joe five games behind the Price are potentially good pitDodgers. The Astro hitting is chers. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-03-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/14/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/286a5da2d41ea7dde54a3ab846591296.pdf 3c3acfccb2e182993c73f188555e6a85 PDF Text Text Vol. 24:11 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 4.1984 U/B Law Students Triumph In Douglass Moot Regionals are important to minorities by Margo Beasley On March 3,1984, third-year U/B Law students Dewette Aughtry and Kathy O'Garra and the society at large. At the Aughtry and O'Carra argued that the Court had the authority to modify the decree because: (1) the layoff policy had of the effect discriminating against same time, participants are able to sharpen those skills which are essential to the fine scored a triumphant victory in art of appellate advocacy. This year's problem dealt minorities, who but for the Frederick Douglass Moot Court Competition at Harvard with an affirmative action discrimination would have acLaw School. The team won issue. Stotts v. City of Memphis crued senority rights; and (2) best brief and was second Fire Department is an actual the implementation of the runner-up in oral arguments case which will be argued layoff policy would not have a for the Northeast region. Their before the Supreme Court in its retrogressive impact on the afOctober term, 1984. Stotts, a firmative action goals volunwinning brief will now compete Black Fire Department Cap- tarily agreed to in the decree in the National competition betain, and other minorities and thus turn the decree into held from April March 28 ing 4th at the University of St. similarity situated entered into an instrument of wrong. As first-time participants in a Louis School of Law in a consent decree with the City of Memphis which embodies moot court competition, Missouri. The regional and national specified hiring and promoFrederick Douglass Moot tional goals to increase the Court Competitions are spon- percentage of minorities in the sored by B.L.S.A. (Black Law Fire Department. Plaintiffs Students Association) as part alleged discrimination when of its annual conference. As the City, as a result of its fiscal B.L.S.A. delegate, this author crisis, was forced to implement by Tony Torres represented U/B at this year's its layoff policy whereby those conference, whose theme was employees last hired would be On March 8. 1984, the SBA "Accountability and Ex- the first fired. The District passed by a vote of 19 to 0 a cellence to the Black Com- Court of Tennessee enjoined proposal to support the efforts munity." Traditionally, the the proposed layoffs, and the of the University Committee Frederick Douglass Moot City argued that the Court did for Quaffty Child Care. The Court problem focuses on not have the authority to do proposal is reprinted below critical civil rights issues which so. includes a contribution of Counsel for Mr. Stotts, and two thousand dollars, to be paid over a two-year period. The proposal is the product of months of deliberation and hours of work. Jim Long, Chairperson for by Victor R. Siclari participated. the Child Care Committee, students Koscielniak cites two possible brought forth a 13-page The One-on-One Program, factors for this dramatic drop. presentation detailing the need designed to allow students the One factor is the change in the for the Child Care Center. A needs analysis that was imopportunity to spend part of a selection process of the atday with an attorney at a torney that allows the student plemented by the Committee mutually convenient time, is to choose the attorney rather showed that "994 slots of Child now in its third year. The idea than having CDO pair the stu- Care time" would be used per for the program derived from a dent with an attorney. The week. The proposed daily National Association for Law other factor is that this is the hours of the center would be Placement meeting attended first year that both juniors and 7:30 a.m. to 11:00 p.m.; Monby Associate Dean Alan Carrel seniors have had a previous op- day through Friday. The Child and Career Development' Of- portunity to participate in the Care Center, which would fice Assistant Director Audrey program. When the program open in the fall of 1984, will be Koscielniak. After speaking to started three years ago, there located on the Main Street representatives of several law were three years of law classes Campus in what is now known schools, U/B Law School decid- that were fresh to the program. as Butler Annex A. Occupancy ed to model its program However, this year the pro- will be available to 60 children primarily after that of South gram is a new opportunity only per hour, the slots to be dividTexas Law School. to the freshmen and transfer ed 50 percent to faculty, staff and professionals and 50 perIn the first two years, CDO law students. placed information about the The attorneys participating cent to students. Tuition for program and a selection form in the program were those who users will be based on a sliding in each student's mailbox. The reponded to a letter signed by scale range from 75 cents to student then filled out the the president of the Erie Coun- $1.45 per hour per child. The form, indicating a preference ty Bar Association, dean of U/B center will be staffed by for the type of attorney to be Law School and president of qualified professionals and matched with. Once the form the U/B Law School Alumni will meet all state and local rewas returned to CDO, the stu- Association. The attorneys' quirements for a Day Care dent was paired with an at- names were obtained from two facility. The Child Care Center torney. However, because this mailing lists: the Alumni will be chartered as a not-forwas such a time consuming Association (1500 names) and profit corporation under the task, this year the CDO follow- the Erie County Bar Associa- laws of New York State. A ed South Texas Law School tion (2500 names), although the Board of Directors will oversee the operation, and a Center program more closely and majority of those who respondDirector will handle the day-toperstudent to ed were alumni. allowed the Koscielniak explains the day activities and consult with sonally pick the type of attorney s/he would like to meet reason for the attorneys' in- an advisory board made up of volvement as a "commitment experts on Child Develop nent with. Unfortunately, slightly to the profession. One at- from the University. The Committee needs an under 80 students have been torney called me," she said, $120,000 to impleestimated recounted when he first pool a of 317 "and matched up with attorneys, whereas in each of got out of law school. Another ment the center. The center the past years over 200 continued on page 9 would have to be self- - —photo by M.E. Orvis Third-yea' students Dewette Aughtry and Kathy O'Carra Aughtry and O'Carra's victory is a true exemplification of "sweet success." The two battled Buffalo's crippling 12-inch snowstorm which caused them to miss practice rounds and almost prevented them from leaving the City of Buffalo. Said Aughtry, "It was well worth the time, effort, and long nights." "It was a truly invaluable experience from both a personal standpoint and as a law student," added O'Carra. SBA Contributes $2,000 Sum For Child Care Center Funding One-to-One Program Needs Participation sufficient after commencing its operations. At this juncture, the Committee has realized $27,000 from student organizations (including the SBA contribution); another $32,500 has been alloted from C.W.E.P. and F.S.A. A fund drive has already begun in hopes of attaining another $37,500. The difference of $23,000 is to be requested from other student associations. The fund drive started with a Child Care Awareness Day held on March 28. A table on the first floor of O'Brian Hall was manned by members of the Parent's Law Students Association (PLSA). The SBA was first approached in the fall of 1983 at which time no specific request was made by the Child Care Committee. The Finance Committee, having gotten hold of the request, had to table discussion due to lack of information on the project; lack of communication delayed any movement until second semester. Once contact was made with Jim Long, the information and details the SBA desired began to emerge. The request the Child Care Committee made was for $2,500 from the SBA. Work still had to be done to continued on page 9 Students Face Reality In Law School Clinics weeks on "intake." This consists of interviewing clients U/B Law School's clinical who call, or walk in to, NLS program provides students with housing-related problems. with an opportunity to earn Following intake, everyone in credits outside the classroom, the Clinic meets with McCarwhile getting practical ex- rick and Alex Burzstein, head perience in a specific area of of the NLS Housing Departlaw. The Housing Clinic, just ment, to discuss strategy for handling cases. one of the eight clinical proPursuant to a New York grams offered at U/B, operates State Practice Order, thirdout of Neighborhood Legal Services (NLS) of Buffalo. Each year law students in clinical law student enrolled in the programs may appear in most clinic handles about 20-25 New York courts under the supervision of an attorney. cases a semester. This semester all six students in Dorothy McCarrick, formerly a professor of Family Law at the Housing Clinic have apthis school, is the Housing peared in court at least once. Clinic instructor. She explained Appearances are usually that cases handled by the before the Housing Court Division of Buffalo City Court, students involve most exclusively landlord-tenant although it might also be in disputes, with the students Town Court, Small Claims representing the tenant. Since Court or the State Supreme the Clinic is based at NLS, Court. Last semester, a thirdwhich only accepts clients who year student in trie Clinic meet certain low income represented a tenant in a twoguidelines, most of the clients day trial in Supreme Court, are indigent and in need offree Special Term, for a case involvlegal assistance. ing a lockout and conversion Each law student spends a of chattels. few hours every couple of continued on page 9 by Mary McManus �. .. - . V0|.«,N0.1l ; ; Wednesday, April 4.1984 I Editor-inChief ;;. ; ;." :■ : •'. Mary Ellen Berger >•'.*»;! '-\ '.•.-.■ •_-;■"■ ■ Managing Iditor Ray Stilwell News Editor: N Victor Siclari \■ Feature Editors: Wendy Cohen. " AndyHViets .; • :' " Business Manager: " Bob Cozzie ' Staff: Ted Araujo, Martha Beach, Alan ). Bozer, Robert Bursky, Victor |. D'Angelo, Randy Donatelli, Cliff FaJk, Seth Fitter, Pudge Meyer, Kathy . O'Hara, Creg Phillips, Anna Marie Richmond, Eric Turkewitz, Jud Weiksnar Contributors: Jim Arnone, Margcr Beasley. .Mary McManus, Mark Mulholland, Dan Pozefsky, Sue Terry, Tony Torres , ;i■■ - ~*-~~' '. ;: - J . '■ ~' - ""' •" Copyright IW4, Opinion, SBA. Any republication of materials herein is strictly prohibited "without the express consent of the Editors Opinion is -published every two weeks during the academic year It is the student newspaper ot the State University o* New York at Buffalo School of Law. NUN YAH Amhersl Campus. Buffalo. New York 142b0. The views expressed in this paperare not necessarily those of the Editorial Board or Staff ot Opinion Opinion is a non-protit organization. third (lass postage entered at Buffalo. N V. Editorial Policy ot Opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law fees. Composition & Design: University Press at Buffalo -— . - - Our Readers Write To the Editor: The March 14,1984 issue of The Opinion ran a most interesting article, a rare piece of writing that combined sensitivity and reason. Titled "Public Shouldn't Be Misled By Jesse Jackson's Apology," this article expressed the opinions of Robert Bursky on various and sundry topics. I read the article several times just to assure myself that I wasn't imagining it all. Its content led me to the following conclusions: A year ago this month, The Opinion devoted an entire special 1) Mr. Bursky will not vote issue to the growing problem of military proliferation and the for Jesse Jackson. consequential-increased threat of nuclear war. We were then, 2) Mr. Bursky isn't a racist. and are now, concerned by the direction and acceleration of the 3) Mr. Bursky doesn't think arms race, and by the polarization of views on a subject —human much of minorities. survival -7-ip favor" of; which opinion should: be".far more Suffice to say on point one unanimous. The-'vfeit by Dr. Carl Sagan to C'Elrian Half last week that Mr. Bursky is well within emphasized to us that the problems that we explored last year rehis rights not to vote for Jesse main, and indeed that they; have .worsened. Although Sagan's Jackson, and to think mean views wilt have been thoroughly'reported by the time you read thoughts about him if he so this issue, we felt it important to highlight some of them to reinchooses. Much has been writforce, the,stance we took a year ago: that nuclear war is an allten and commented during the too-imminent possibility, and that we as citizens should be strivcurrent presidential campaign ing, to reduce, if not eliminate, the threat to our species. about Jesse Jackson's alleged It has not been a,good year,for arms control. The Reagan administration has held fast to its promise to build or develop every anti-Semitic views, or lack weapons system conceivable—ranging from Cruise missiles to thereof, his sinister embrace of the B-1 bomber to the much-revised MX system to a long-term Arafat, etc. I'd rather not conplan for a "Star Wars" technology. The administration continues tribute to this debate here. to pursue still more avenues of nuclear-related proliferation, one As for point two, I apof the most recent being a proposal to develop and deploy anti- preciated Mr. Bursky's up-front satellite weaponry. When the Soviet Union left the Geneva arms disclaimer that he isn't a racist. talks, the administration offered nothing but harsh rhetoric to However, such a gesture persuade the Russians to return. And recently, the changeover in wasn't necessary, since all one Soviet leadership presented an unexpected and potentially fruitneed do is read his article and ful opportunity for a change in Washington's tune; no such this fact becomes crystal clear. change, however, was forthcoming. As a result of some of the On to point three. Mr. Burforegoing factors, a group of scientists, which monitors the state sky' states, "Jackson of the nuclear threat, decided late last year advance its symbolic epitomizes a prevalent type of "doomsday clock" a minute closer to midnight.:We are now. minority in hypocrisy today's closer to that hour, in that group's learned-view, than we have> community. Minorities can been at any time since the,Cuban missile crisis of.fdpZ--. Why are the prospects for survival getting worse instead of get, but need'hdf give. They better? We have to conclude that the blame lies substantially can hate, but cannot be hated. They may condemn, but may w«th the dangerously outdated and sometimes ill-founded thinknot be condemned." Ah, but ing of the incumbent administration. The supporters of President Reagan's ongoing arms buildup stick to the outmoded position the best is yet to come. "Words that more bombs are necessary for;greater national security, or, of hate and prejudice that are as Sagan put it, that our fort will only be more secure than theirs spewed forth from the mouths if we have more snowballs than they do. Civilization as we know of minorities, however, are it, however, can only be destroyed once, and each U.S. nuclear tolerable, if not morally submarine can single-handedly perform much of the task of ■ justifiable." Is that a fact? destroying the Soviet portion of that Civilization. Surely, then, Jesse Jackson is a prominent the administration's insistence on more and better weaponry is figure in the American minorinothing more than a call for overkill upon overkill. ty community, but few would We must also question the knowledgeability of the current adsay that he represents, speaks ministration. Scientists,-Sagan among, them,, have expressed great for, or "epitomizes" the concern about Reagan's understanding of the implications, and community as a even the mechanics, of the nuclear arms race. (Apparently, uptil minority Thus, whole. I feel Mr. Bursky very recently, the President incorrectly assumed that ICBM's has made a serious mistake if could be recalled following their launch and returned harmlesshe used Jackson's words and ly ) Many knowledgeable people in and out of the scientific community have a better understanding of these nuclear-age realities actions as the basis for the than Reagan; unfortunately, it is he, not they, who controls bur above quoted pearls of share of the 50,000 nuclear weapons currently stockpiled on this wisdom. I share Mr. Bursky's outrage at Jesse Jackson's planet. '. In. the opinion of many, including us, any of the three- '.'Hymie" remark. It was an unDemocratic .candidates foe President would' be" more, apv fortunate and regrettable propriate, and safer, guardians of our nuclear arsenal. We must, statement, and Jackson did however,; criticize-Cary Hart and Walter Mondaie for aiding apologize for it. Now, Mr. BurReagan's re-election campaign by fighting so viciously among iky, do you share my outrage themselves. At last week's debate televised on CBS, the two canat Ernest Hollings' "wetbacks" didates fought bitterly over the significance of Hart's delayed statement? If you're unaware support of a nuclear freeze. The issue should not be who sup*- or it, don't worry, you've plenported the freeze first, but whether the Oval Office will continue ty of company. to be occupiedby a freeze opponent for four more years (or until There was a straw poll conthe buttons are pushed, whichever come first). The bickering ducted in Dcs Moines, lowa, over Hart's record only makes the latter possibility too likely for this past October. Ernest Hollcomfort.. We think it important, then, that concerned citizens work ings finished third behind Walter Mondale and Alan toward obtaining representatives in the White. House and in Congress who truly represent their desire for the survival of our Cranston. This wasn't a big surcivilization. The Opinion has already supported a Presidential prise What was a surprise was candidate who we think Can help bring this goaf about, but the Hollings' reaction to the result: election of either of the other Democrats, or even an enlightment "You had wetbacks from of the incumbent, would be an improvement over the existing, California that Came in here dangerous status quo. If some readers prefer to remain for Cranston." (quoted -in apolitical, there are nonetheless ways for them to express their Nuestro Magazine, October 1983, p. 63). It seems that Hollinterest in the4 goal of survival. Everyone should be conversant enough in the technical, political and social realities of the ings was under the impression nuclear age to understand what is at stake. Recent sequences' in (hat the other two candidates the New Yorker by Jonathan Schell and Freeman Dyson pose had colluded to import supcomprehensive starting points for those'with some reading time:. porters for the poll, thus reducOthers might want to review the articles, and commentaries in. ing his chances for victory. our special issue from a year ago. All of these materials are oh Now I know this is politics and reserve in the law library (under The Opinion), and we invite all to a lot is at stake, but really, was read them and decide where they lead us, ;';.':... up The Struggle to Survive . .... 2 Opin'inn April 4, 1984 * .';-.•'-.;! Jackson In Defense of Rev. the word "wetbacks" a nice gressive platform that addresses the needs of women, As a Mexican-American I poor and minorities in this find this word personally of- country. Anyone who supports fensive. Having had it hurled at and protects the rights of the me at several points in my life, Palestinian people immediately becomes an enemy and antiI think I'm justified in feeling this way. But I would not be Semite in the eyes of most justified, nor would it be Jews. I will challenge anyone tolerable, for me to say that to look more closely at Ernest Hollings epitomizes the Jackson and they will find no feelings of today's majority concrete reason to be afraid community toward Mexicans that the man is anti- any group and Mexican-Americans. If or person. The man is pronothing else, being the target human, and his life has been of "words of hate" has taught dedicated to the pro-human me to differentiate between stand. Operation Push, People the dumb remarks of one per- United To Save Humanity, is son and the beliefs and feel- an organization that was ings of an entire racial and/or founded and chaired by Jackson. Its purpose and goals ethnic community. Before I leave there are just are to assist poor people nata few things I'd like to present ionwide. This is only a small for your leisurely considera- example of Jackson's work and a demonstration of his concern tion. Why wasn't Hollings constantly badgered about his for poor people. To set the record straight. remark? Why wasn't his "wetback" statement given the Blacks have no history of oppublicity Jackson's "Hymie" pressing, exploiting or insulting statement got, and continues any group publicly, privately or otherwise. The political to receive? I'd like to take this oppor- commentary by Robert Bursky tunity to invite Mr. Bursky, or in the March 14 edition of The anyone else, to visit us in the Opinion, entitled "Public LANALSA office, 509 O'Brian Shouldn't Be Misled By Jesse Apology," Hall. We'd be happy to discuss Jackson's these issues, and I'm sure the demonstrates the systematic visit would be mutually contempt and dislike that he thing to say? . has for this Black man and for beneficial. people of color. The article lacks intellectual and substan- Alberto M. Benitez President, LANALSA . tive content for an attack on Jackson's program and ideas. It is an attack on the man. Unfortunately, Mr. Bursky and many White Americans cannot rise above their racism and evaluate and analyze Jackson based on his qualifications and what he has to offer To the Editor: I consulted1 several dictionaries for the meaning of the word "hymie"—the word is conspicuously absent from the dictionary. Thus, I concluded America—he can deliver her the word "hymie" has no from the social problems of historical basis of being a high unemployment and the racial slur or anti-Semitic. For constant threat of nuclear war. the American media to pick up Gerri Picket that word and blow it out of proportion is a typical example of looking for something to be defensive about, if you can't directly address your real concerns and fears. The real concern of the American media and most Jews in their attack on presidential candidate Rev. Jesse Jackson, who is the most qualified of all the candidates, is the fact that he is a Black man. White Americans' racism will not allow them to conceive that a Black man has the best record on the question of peace and the most pro- Io the Editor: This is a written response to Robert Bursky's comments on Jesse Jackson which appeared in the last issue (The Opinion, March 14, p. 3). I feel the necessity to reply to a type of argument and thinking which appears frequently in neoconservatism, and which Mr. Bursky's remarks exemplify. the polemic attack on Rev. Jackson represents an attitude which surfaces whenever a representative of a traditionalcontinued on page 3 ;* **************************** ; The Opinion will hold elections for the 1984-85 Editorial Board . ; ; ij:I • . on Thursday, April 12, 1984 at 4:00 P.M. in Rm. 724. All Law Students are eligible for ', \ these positions but must be present . for nomination. ; ! \ * V [ All current staff members may 1 ' participate in the voting. \', �Our Readers Write. continued from page 2 ly disfavored segment of American society (ethnic minorities, women, alternative life-style practitioners, etc.) is in a position of high visibility that normally would be reserv- Rev. Jackson demonstrated bigotry—l hope Mr. Bursky has never used the word "nigger"), and I don't condone them. I would not be surprised to discover that many other ed for white males. Whenever public figures have made una minority representative or a complimentary or ill-judged woman achieves a position of comments in private which authority or responsibility in went unreported because they the government or corporate were white. This is surely as hierarchy, whether by competi- prevalent a double standard as tion or assertion of right, that the one Mr. Bursky describes, person is held to a muctf higher with much more evidence and standard of performance than social history to support the his/her white malc^counter- claim of its presence. part, and is continually made Mr. Bursky has the temerity to prove that he/she deserves to belittle Rev. Jackson as not the position held. Only by be- being a true man of the cloth, ing exceptional, by being "on calling his comments "a call" to demonstrate superiori- perversion of the faith he ty, are such people able to espouses, and an offense to maintain the prestige and those who are faithful to the respect accorded their white tenets of Christianity" (one of male brethren. Mediocrity, which is "Judge not, lest ye be frailty.and poor judgment are judged"). To denigrate a career not tolerated to anywhere near of public works as hypocrisy the degree as with those who on the basis of one remark, to traditionally hold important categorize anyone with a few positions (and control the strokes of the pen, is insensitive, arrogant, and irrational. distribution of them). I find it interesting that Mr. Rev. Jackson demonstrated poor judgment in his remarks (I Bursky thought it necessary to am not blessed with Mr. Bur- categorically deny any imsky's omiscience, and plications of racism on his therefore cannot say whether part, and to accuse Rev. Jackson of. "lying through his teeth" when doing likewise. I am in awe of Mr. Bursky's uncanny prescience in determining Rev. Jackson's motives and true feelings. I am also amused at the notion that if one is not vulgar, overt, or malicious, one is not racist (not to mention the idea that simply denying something ends the issue; were that true, Richard Nixon should never have been in- vestigated for Watergate); that double standards, vitupera- tion, oversimplification and general character assassination based on one remark can escape the charge of racism if the writer denies it and the words are glib is not to be taken seriously. Articles such as Mr. Bursky's are examples of a worse kind of attitude, one that does not consider the premises which lead to it or the consequences that follow. It is time we white males gave everybody the same leeway we give each other and take for granted as our due, or held ourselves to the standards Mr. Bursky measures Rev. Jackson by. Who would pass? Dennis Cleary - Review Your Faculty Members To Law School Students: Professor Paul j. Spiegelman will be considered for tenure in the University, and for a promotion to full Professor during the 1984 fall semester. Teaching ability is a major factor in the tenure review process, and assessments of a candidate's teaching from students who have taken his courses are an important source of information for the committees that make recommendations to the President of the University. The Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from Professor Spiegelman. If any of the rest of you wish to submit a written evaluation of his teaching, please feel free to do so. As you might expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of his relationships with students, are more helpful to the Committee than conclusory statements that a particular course was good or bad. Also, signed letters have more credibility than anonymous statements; un- signed submissions will not be considered. Student letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the University-wide Presidential Review Board, and the President of the University. However, the letters are not disclosed to the candidate or to anyone else who is not involved in the review process, so you should feel free to be frank and candid in your assessments. Letters can be mailed to me, put in my mailbox in the faculty lounge, left in my office (Room 412), or left with Mrs. Farrel in Room 408. It would be greatly appreciated if you could suj>mit your letter by April 10,1984. Thank you for your assistance. -Wade Newhouse Convenor of Visiting Committee for Paul J. Spiegelman FACULTY RE-APPOINTMENTS Four Law faculty members (Professors Binder, Carr, Marcus and Meidinger) are being considered for reappointment to 3-year terms. As part of the process, the Promotion and Tenure Committee solicits letters, written under the above guidelines, from students who — HONORS CONVOCATION The Law School w« hold Hi Fourth Honon Convocation to make awards to deserving student* for their performances last year. Awards wM comprise of certificates and cash. Al students are encouraged to ; attend this ceremony which wM be heht : :j — - : Aptil 4 1:00 p*m. ' in the Moot Court Room WEUNBDAY have taken a course from the above listed faculty. Submissions should be given or mailed to Cleo lubulis, 319 O'Brian, by April 10,1984. Library Donation . —photo by lim Amona Third-year students Chris Fink and Pat Higgins Fink and Higgins Succeed in Mugel It has come to the attention of the Editorial Board of The Opinion that certain facts were misstated or deleted from the article in the Mugel Tax Competition which appeared in the March 14 issue. Primary among those facts is that the Best Brief Award in the Intra-school Competition was won by the team of Pat Higgins and Chris Fink, not by the Bozer Kawa team. The Higgins and Fink team also represented U/B Law in the National Competition where they won both rounds of their preliminary arguments. Dan Pease, in his capacity as Director of the Moot Court Board, wishes to add to the article's mention of Lisa Rodwin's contribution to the Competition his sincere thanks to Mary Aramini and Sharon Wick for their efforts on behalf of the Competition. One last item of errata is appropriate. The article in no way intended to impugn the professional capability or integrity of Professors DelCotto, Creiner or Zimmerman, by suggesting that they required "priming" or "preparation" for their roles as judges in the final rounds of the Intra-school Competition. The Opinion regrets any misunderstandings that may have resulted from the syntax of that paragraph. Clarified To the Editor: I would like to clarify certain statements in The Opinion article of February 15, 1984, the source of funds Center in the Law the Koren for Library. The funding will come partly from university funds and partly from an anonymous donor. That donor has graciously suggested that the center be named in honor of M. Robert Koren, Chair of the UB Council. I would appreciate your efforts in bringing this information to your readers' attention. concerning The Law Library is to students which several years. pleased to revive hasn't been a service available for two ibm selectric typewriters are now available for student use in room 334 (the third-floor conference room). room regular library is open durinc Identical typewriters The hours. are also available for student use in the other university libraries. Very truly yours, Ellen M. Gibson Associate Director Law Library The Buffalo National Guild presents Women In Arms (an examination of the part played by women in the triumph and consolidation of the Nicaraguan Revolution) and El Salvador: Another Vietnam (an analysis of the civil war in El Salvador). Both films are free and will be. shown together on Wednesday, April 4, 2:30 p.m., 106 O'Brian Hall, AC, arid Thursday, April 5, 5:30 p.m., 106 O'Brian Hall, AC. the Association of Women Law Students (AWLS), International Law Society (ILS), Latino, Asian, and Native American LXw Students Association (LANALSA) and.-" Black Law Students Association (BLSA). ; \';';'.!; Co-sponsored by .. Page I C «• Hire* ■ (V.t Opinion .IO.tIKV ) 3 �Legal Comm&s&% Crit cal Jurisprudence: by Mark MuHtotfaid ; ; ■l Certain criticisms aimed at a recent assessment of the Law * amounts of formalist tradition, feel unsatisfied that conven- Inevitable Value Judgments Nevertheless, the inquisitive student does not have to rely on these innocent assumptions; the essential logic informing the progressive movement demonstrates the soundr ness of the Law School's approach. Once the student con? cedes that value choice is the heart of every legal decision, (a conclusion inevitably drawn from first-year studies), s/he should logically demand a thorough analysis of how choices are made. Providing this analysis, of course, is an. essential function of critical jurisprudence. Regardless of what appears to occur in the practical sphere, there is no reason for the student to be guiled by what are ultimately technicalities, nor by what cannot know whether there exist the monolithic problems raised by many of the School's professors. Students are thus deemed unqualified to evaluate the critical legal studies movement underway at Buffalo. More fundamentally, it is argued there should be a pro-convention compromising of the allegedly imbalanced critical presentation now offered. Having worked within largely traditional institutions, several of the School's leading cynics, rather possess pragmatic insights. Their admonitions should be received with accordant weight. Unless one attributes to these instructors some motive for deceiving their students, it is unfair to accuse them of doing so. Moreover, it is strikingly ap- • to imprison Detrimental Convention Having ushered into the limelight this transcendent concept, it would be queer for the Law School to suffer increasingly orthodox presentations. The routine dissection of cases, statutes, and doctrinal developments becomes inex- Christopher Langdell considered important 110 years ago. An exposition of these propositions is best set out in a response to the call for com- parent that those teachers who are disinterested in critical jurisprudence and who possess their own practice-based in: sights have not taken the time to paint any opposing picture. In short, while the student may promise. Since the Law School already provides substantial Legal Commentary Economics Presents Possibility System Off Refinement in the more efficient and equitable than a strict liability standard? Is a fault system really more by Ted Araujo One of the finer pieces I've read in this paper concerning legal education is Mark Mulholland's article in the March 14, 1984 edition of The Opinion (on page four). Mulholland is quite right when he states that there is a trend in legal education to examine the desirability of current accepted modes of instruction. He mentions Duncan Kennedy as a guiding light in this epistomological search for a better legal education, and rightly so. Prof. Kennedy has lead the way in introducing efficiency as a criterion for judging contract formation (See 8 Hofstra Law Review, 711 plicable once it is realized at the Law School is thus done these materials are, when with a keen eye toward real learned at face value, useless limitations, with discretionary and detrimental to the analysis in the foreground, and allow the substudent's development. Stare with care not to decisis, issue spottjng, case dif- conscious adoption of ferentiation, procedural restraints. The message of the norms, and so many other curriculum has been that law making and'law application hollow, yet enormously inhibitive, concepts establish are non-divergent activities. any demand for "some" compromise is actually a demand for "more" compromise. There is room for no more. The author acknowledges this is a practice in line-drawing; the results will subsequently appear capricious to some, and probably many. Regardless, there is neither justification among attorneys excessively behaviorial patnor time for more compromis- rigid terns—rigid, in fact, to the ing. Conventional legal thought point of absurdity. Any atevades and suppresses the in- tempt at orthodox teaching, evitability of value choice in beyond that needed for inpurposes, legal decision making. Judicial troductory resolution occurs within, a necessarily risks further indiscourse obscuring the ram- culcation of such restrictions. This is not to say that atpant discretion which the formal, system cannot recognize. torneys practice in a field A study of how and why that without bounds. The message discretion is invoked, as a has been that one cannot function of social, personal, structure arguments tantamount to a debunking of the ideological, institutional, experiential, cultural, and entire administrative law political factors, is the most system; one cannot yet argue that labor is capital; one canimportant part of legal educanot assail the judiciary's right tion. tional legal institutions war- rant such bleak depiction, and may not want to believe ours is School's pedagogy deserve; <;a chaotic field, s/he has little reason to think otherwise. public airing.* It has been urged that inexperienced students Pedagogy or Pedagese? elude that one distribution is better or more desirable than another diametrically opposed system of production or wealth distribution. Unfortunately, when Kennedy finishes his critique he begins to try and use economic theory to show that the more equal a distribution of wealth, the greater the total welfare is for likely to discourage negligent behavior than a no-fault insurance regime? These questions certainly must be addressed in order to make a legal education a meaningful tool withwhich to enhance the operation of our society. The distributions,, Prof.^enneoV . School's attorneys are not competitively functional. Furthermore, the "employability" coveted by those unsatisfied students is, at best, of dubious value. Bereft of the Law Schoolls. broadening influences, it is likely they would be employable only as continued on page 10 Bylaw 13 Compliance LANALSA contribute to the improvement of social institutions, the integrity of the legal system, and the realization of a just society. It is in light of these factors that we open our doors to all and invite you to join us in establishing an ambiance of comraderie that is severely lacking in our country today. Every year, LANALSA, in conjunction with the Black Law Student Association, organizes an orientation for incoming law students. We also work on a Law Symposium, both activities being held in . -> use1 >i 4 unemployability. As a purely empirical matter, the Law School's graduates do indeed find work, do in fact learn the techniques, speak the discourse, and go to the "proper" starting places. Although fear and loathing abound, there is little evidence demonstrating that the criminal defen- be devised to reach the above conclusions, their systemic impropriety prohibits the otherwise valid logic producing them. Yet note how very broad these'■ limits are. The actual curbs lie nowhere near the supposed constraints of traditional legal thought. Teaching - . School's graduates unable to speak authoritatively within the tradition, nor able to sufficiently elaborate on the institutional materials. Certainly a focus on the dire problem of choice tends to minimize hardcore doctrinal analysis. Criticisms thus arise bemoaning the graduate's lack of technical skills, inability to speak in ttie tongue, and failure to know where to begin. These "inadequacies," over and over one hears, amount to dants. On another level, all arguments must be structured within the proper discourse. Indeed, the complaint must be well pled. These are some of the broad cultural and institutional limits on legal argumentation. While potent and perfectly legal arguments can The Latin, Asian, and Native American Law Students Association would like to. take this opportunity to introduce question remains whether the the society.- ! itself to the Law School at aptechniques used by a number. professor who A U/B of the professors at U/B Law pears to agrees with this thesis large. As a chartered organizaare enhancing our educations, is Betty Mensch. Her class on tion of the school we would or are building new and forJurisprudence is one of the like to emphasize that midable biases and prejudices new genre of Law School ex- membership is open to all full against modes of thinking that periences which Mark or part-time students enrolled can and do represent valuable Mulholland refers to as an at the Law School. We emtools for constructing and escape from the "bitterness, phatically encourage all those evaluating, a system of reladepression, disillusionment, students who share our intionships and expectations and often outrage" occasioned terests and goals to attend our (1980), as well as the 'Cost which exist and are Vet to be by the past formal istic mode meetings or simply stop by our Benefit Analysis of Entitlement developed. of legal education. (I must office so we may engage in To address some fine points point out that Mulholland open dialogue. Problems : A Critique", Stan-* the major thrusts of our ford Law Review.'Vol 33:387, Of the system here at U/B; I'd' does not say this directly. He fike to turn to the disseminamakes no reference to any par- organization is to effectively -v Feb. 1981 J/: However, in all of-the works tion of. materials concerning ticular class or professor; it is promote the rights and inthat I have read, I have never economics. Kennedy has often my own derivation which I terests of the Latin, Asian, and encountered the desire to criticized what is known in the think is needed to make par- Native American students enrolled in the school and of legal profession as economic ticular criticisms of U/B. totally eradicate the substanand theory, his criticisms have tive learning that has taken Prof. Mensch sets up our communities as they relate place in a doctrinal approach often been well-founded . A economics as a system of ex- to the study and practice of amination which has no rigor law. In the process, we hope to to legal education. In fact, gentleman (now a judge)by"the quality and many would have portions of name of Posnet has written to it and presents no possibility enhance the of respective the perspective a the quite ability to bit about of of to refinement the legal the curriculum subjected greater scrutinty to see if there the sciehce. or economics to system. I must disagree. When ethnic groups we represent by justify, a number of programs, a true economist undertakes a providing a forum for cultural, is true value in the memorizaand legal awareness. tion of formal istic modes of a given distribution of wealth, project, s/he sets out her/his political We to increasare committed of given, assumptions welfare, as Of with the greatest doctrine—such understanI.evels ■ possible accuracy and ing the participation of our ding the laws as written—and tins revolted disclosure. Unfortunately, one people in the legal profession combine this formal mode of education (which Mulholland against tli,is,\"l;pnse,rva.tjyw' who learns economics from by working with' .the adcalls "excruciatingly hard to of economics'•to: plrotecl tne the proliferation of materials ministration, faculty'and, stulearn" and "a shallow lie") status quo of: ■';* .'.Capitalist generated iby Law-and- dent body in the areas of with a greater understanding system and to maintain a given Economics writers has not recruitment, admissions and *> of the political ramifications system of prddjiction and learned her/his economics very retention. We share in goal the and Kennedy always distribution. is corwell. Economists have of those and policy objectives rect, in that economics is not a said, and have recognized commitment of the Law doctrines. .Sichoj>l^ iri jy|ia{...we,,,asp.ire to *i<jm<**Qtm negligence- standard * process bywhietionecan cqtk tdtitiritt&fmva&rro become >> attorneys who will April 4, 1984 Opinion - Myth of "Unemployability" The claim is made that this approach renders the Law a u ' the fall of the academic year. In order to further our goals, we present films and lecturers along with social functions that allow us to mingle with students and faculty alike on an informal level. We maintain an office on the fifth floor of O'Brian Hall, room 509. Someone is always around to answer questions, but if not the executive board members have office hours on: Mon. 9:30 a.m.-10:30 a.m. "i Dennis Ng Wed. 9:00 a.m.-11:00 a.m. Daniel Figueroa 5 Thiirs. 9:00 a.m. -11:00 a.m.. Carla Reynolds Fri. 11:30 a.m.-12:30 p.m. Alberto Benitez Feel free to call anytime (716) 636-2781. La Luc ha Continua, ~" LANALSA \ �Meanderings Schlegel for President!!!!! by Andy H. Viete It is certainly not because I our grading system of H's and entertain any thoughts of im- Q's (as in, "Wow, Cfs; what a Greetings fellow students of mortality. I don't know of concept") so I'm sure our subthe law! I return to you after a anyone who uses my columns commander could sell the rest one issue hiatus, having over- to wallpaper their kitchens (ex- of his Buffalo Model to the come a serious case of writer's cept for me, that is). Anyway, West Coast with ease: It would block. For all of you who were my feelings on this issue are be a challenge to take on highly perturbed with me for more in line with those of Reagan on his home turf, but if not being able to crank out a Woody Allen: "I don't want to anyone can'win in California, column for the last edition of achieve immortality through Schlegel can. Considering that The Opinion, I come back for my work. I want to achieve im- California bought jerry one last stab at mirthmaking mortality through not dying." Brown's act for all those years, this semester. Quite frankly, Now it's time to get to the Schlegel should be a shoo-in. At the very least, Reagan though, I am at a loss to ex- topic of the day—presidential plain your displeasure for, as politics. I've been following would be forced to drop we all know, a picture is worth the campaign so far and I see a George Bush as his running a thousand words (and that serious deficiency. There's mate and make Schlegel his was a nice picture, wasn't plenty of excitement in the vice-president instead. Prom it?—a little dark maybe, but Democratic primaries and that position, of course, he we're not exactly The New caucuses. The problem, though, is that no one on the York Times here). Writer's block is a terrible Republican side is opposing thing for someone like myself Ronald Reagan. Well, I have a wholives by the pen. I usually solution —let's nominate get it worst right around finals Schlegel to take on the Presitime. Last week, however, it dent for the remainder of the by Pudge Meyer was even worse than usual. campaign. This would give our Associate Dean There weren't even any Califorthe chance to Now that a month has gone nia concepts dancing ii^my spread the Buffalo Model by and most of the furor has around to the of head preparing thegfl^elves to rest the coun- died down, I finally got the leap forth from "my subtry (and perhaps alleviate us chance to speak with Rocco while). from it It conscious to the paper before for a would be Donald, a U/B me (now you know that I was perfect: While Mondale is ask- Mac undergraduate and one of the beef?", can't Hart "Where's the in bad shape—l generally ing students who was arrested in carry on a conversation for Schlegel could be asking the infamous Housing "What's bitch?" longer than thirty seconds Reagan your Crackdown of '84. It's too late to get Schlegel Opinion: Rocco without turning it to a discusMacDonald, sion of my adopted homeland). into the New York primary, but to thank you for first I'd like Instead, there was only a ques- I'm sure we could get him into giving me this tion bouncing around within the California contest. They Rocco: 24 Highgate, that's the my cranium: Why in the world would love Schlegel out there! place, the cops came around do I try to write an article like Californians would flock to but we left no trace Oh, sorry. this for every edition of this him as if it were the second Pudge. Just working on one of coming. I know that they like my new raps. And lefs make newspaper? -photo+yM.E. Orvis Our future Commander-in-Chief? would be just a heartbeat (if there's one person who away from being able to base knows pornography, when he our entire system of govern- sees it, it's Katz), and Audrey ment on the Buffalo Model Koscielniak as Secretary of (that is, every bureaucrat in the Labor (in order to equalize the land making arguments). Just unemployment .rate between imagine the kind of people U/B Law graduates and the rest Schlegel would be able to put of the working force at 90 into positions of power: Al somewhere around Katz as the Chief Justice of the continued on page 9 United States Supreme Court Satire Housing Crackdown Interview - - - Vedge's Law - this a quickie I've already been on three radio shows today. O: I'm sorry. Maybe you can tell me just what has happened to your life since you were subjected to the ironhanded, inquisitorial methods of a zimhead police operation. Have you lost a lot of sleep? R: Sure have. The phone hasn't stopped ringing. I'd like to R: Eating popcorn, all eighteen of us. The Tom and lerry Show was on. There's a knock on the door, and one cop asked us what we're doin' in there. So I ask what they're doin' out there. He shows me a piece of paper, but I don't even look at it. It's like, who can read at 7 a.m., you know? Before he says another word, I invite him in for some popcorn. thankO: Then what did the officers O: Thank? Aren't you upset at do? the treatment you received? R: One says, "Holy cow Tom R: Oh, the cops? they were and lerryV and he sits right in cool dudes. They come in at front of the TV. I told him he about 7 a.m. should move back a bit it's no O: What were you doing? continued on page 8 - - : * by Cliff Falk April 4,lM* Opinion 5 �Our favorite editor caught "meandering." . ., You want to submit a news article? (Ha ha ha) IT's APRIL. FOOLS What?! Me worry? The Buffalo Model PHOATNDTHEN Believe me Judy, it's just like beei You have to acquire a taste for it Yes, this is where the wine tasting is being held How can we run a newspaper without ads? 6 Opinion April 4, 1984 - The only way to deal with law school —drink heavily. �Yeah, Ken Joyce's tax grades are up! Ccc, Andy, you guys really have it great up here Boy, that budget hearing was a real ball-buster. How come there are no good-looking women at these law school parties? % Da' eye chaht says, "E-l-E-l-O." Now where did they put that checkbook?! Another unpublishable financial status report from our Business Manager. April 4, 1984 Opinion 7 �The following second-year members of the Buffalo Law Review were elected to editorial positions for the 1984-85 year last week. The retiring Editorial Board wishes them the best of luck during (heir tenure. Bill Maffucci Head Note & Comment Editor Peter Bradley Executive Editor Mitch Banas Note & Comment Editors Paula Ciprich Managing Editors Virginia McEldowney Art Bronson Tim Feagans Cerri Editor-in-Chief Janet Heck Schiffler Susan Schultz-Laluk Adam Wekstein C Publications Editors Book Review Editor Ceorge Bellows Kevin Fay |im Arnone Senior Editors Articles Editors Ken Africano Terry Brown-Steiner Elena Cacavas John Kolaga John Caras Paul Harnisch Steve Markbreiter Paul McCrath Ken Moskowitz Rich Schaus Lee Smith Mark Mulholland y Molly Wagner Art News One Woman Exhibit Graces Capen Hall Works by Maggie Headrick More-Rubin Gallery. Several are currently on exhibit in the times her work has been singlCapen Hall lobby wall display ed out for outstanding cases at the State University of achievement and special New York at Buffalo. The show awards. Manufacturers Hanover will continue through April 14, 1984. .:.:. :: .x Trust Company, General Steel, Since she came to Buffalo, M&T Bank, and RobinsonMaggie Headrick (wife of U/B Connor Inc. are among the corLaw's Dean) has been an active porate collections in which she participant in the local and is represented. Galleries in regional art scene. She has had New York, San Francisco, Los several one-woman shows and Angeles, and Cincinnati handle exhibited in group shows at her work. Hallwalls, AAO, Alamo Mrs. Headrick teaches art Gallery, Erie Art Center, and Chautauqua Institute, among history at Nichols School. She others. In addition, her work is also one of the principal has appeared in selected group creators of the well-received shows of the Patteran Artists guidebook to art, architecture Society, Buffalo Society of Arand sightseeing in Buffalo entists, Spokane National, and titled. Seeing Buffalo. . - New Waves * Albert, King of the Blues Visits Tralfamadore Cafe by Jud Weiksnar During semester break, the blues paid a visit to Buffalo with the appearance of Albert King and his band at the Tralfamadore. The King came across with a grandfatherly demeanor,, spinning yarns and puffing on a pipe. But Cramps never played the blues like Albert King. From the moment he appeared, King took center stage. He was accompanied by his personal valet, who brought out towels, an ashtray, and whatever else the King desired. Solos for the six other members of the band, including a one-armed trumpet player, were reserved for the warmup numbers. This was Albert's show. One of King's better stories concerned the time he jammed with Jimi Hendrix and janis Joplin at the Fillmore West in San Francisco. "Janis, she always had that little glass in her hand." The Hendrix influence shone through more than once, as King would throw in an occasional psychedelic riff. Some of the more in- teresting songs in King's repertoire were "Cold Woman with a Warm Heart," dedicated to the men in the audience, and "The Very Thought of You," a song I hadn't heard since Ricky Nelson performed it on The Ozzie & Harriet Show. To show how funk has influenced the blues, King played "Cross-Cut Saw" in two versions: 1965 and 1984. The 1965, pre-funk version, sounded mono in comparison to the stepped up 1984 variety. The enthusiastic crowd looked like a "Who's Who" of Buffalo politics, with David Collins, James Pitts and George Arthur all in attendance. The band responded to the crowd by coming out to play an en- core even after the house lights and recorded music came on. The management, not to be outdone, told the patrons that they could have another, longer encore—all 8 o'clock ticketholders would be allowed to stay for the 11 o'clock show. About half the people took them up on the offer. Opening the show was Shakin' Smith, one of Buffalo's hardest working bands. They did a fine job of warming up the crowd for the headliners, and even got some of them up to dance before the late show. . . Housing Crackdown Satire. continued from page 5 good for you. O: How about the other of- ficer? R: No, he didn't like Tom and ferry. He just ate popcorn. O: Let's get back on track. You don't seem very upset. R: Upset?! I can't thank enough people the mayor, the . - councilwoman, the school, and oh yes, the landlord. I promise not to forget anyone. O: I seem to be missing something. R: Apparently ypu didn't watch the news last month. Since/ coverage of the incident began I've been hit wih an avalanche of interviews, movie contracts, endorsements O: Over such a peppercorn as a housing code violation? R: The first telecast showed us at the situation. We were just standing around, so I decided to do a little tap dance. Ever since then Murray Arthur wants me as visual arts consultant. I have a guest shot on the show. Fame. That'll probably . - lead to my own series. And I got the lead in a new movie called "I Was a Vaudeville Musician Turned Pro Wrestler for the FBI." It also stars Michael Jackson, David Bowie and Tom Capuano. O: Who? R: Michael Jackson. Back-up singer for a guy named Rockwell. O: I mean who is Tom Capuano? R: I really can't say. Some people think he's the Masked Avenger. I even heard from the American Enquirer - seems like the whole world wants to know who I think makes the best pizza in all of Brooklyn; and how many chicken wings I ate Freshman year. O: And just how many did you eat? R: By the mag. O: How much has all this been worth to you? R: I'm not sure—my accountant is still counting. First thing I'm gonna do is give my mother some money so she can fix up that lousy apart- ment. Jackie Jensen is my agent. He wants me to go on the lecture circuit, but I don't know • What do I know about circuits? O: Maybe you can speak in O'Brian Hall as part of a - special series on R: I don't know. Pudge. I'm already booked solid with public appearances for the next two months. If all goes as planned, I'll be touring the Near East this summer. Did I tetl you that Crapezio wants me to do a commercial? Me and Jerome Robbins. Maybe we could use you as an extra. O: Thafs just great. Rock. R: By the way, in three Tuesdays I'm doing a special Break-dance show at P.J.'s. O: Wouldn't miss it for the world. Rock. Thanks to the media, you've become one of the fastest rising stars in the world today. I'm proud to know you. Just one last question: Where did you learn that tap step? R: Tap step? Oh yeah, don't tell nobody— I stepped on a tack. Movies, Lectures, Music and Theatre at U/B Before finals fever sets in, Opus: Classics Live, broadcast live over WBFO (FM 88): The Amherst Chamber Winds percultural offerings here on the form Dvorak's Slavonic Dance U/B campus; and throughout No. 5; Hummel's Octet Partita greater the Buffalo in £ Flat; Cordon Jacob's Old Wine- in New Bottles; metropolitan area. Mendelssohn's Overture for WEDNESDAY, APRIL 4 Winds; F.Casadesus' London Sketches; and UN's fine LECTURE: The John W. Cowper Vergnugliche Musik, 8.00 p.m., Distinguished Visiting Lecture Allen Recital Hall, first floor, Series: Dr. Howard A. Bern, Allen Hall, Main Street camprofessor of zoology and pus. research endocrinologist at the FILM: Cancer Research Laboratory at The Awful Truth (Leo McCarey, the University of California at 19371 comedy about divorce Berkeley, and a member of the with Irene Dunne, Cary Grant National Academy of and Ralph Bellamy, 700 p.m., Sciences, discusses "Com170 Millard Fillmore Center, parative Endocrinology and Ellicott Complex, Amherst Human Welfare/ 800 p.m.. campus. Room 20, Knox lecture Hall. His Girl Friday (Howard Hawks, Amherst campus. Bern will 190), a conniving editor (Cary also lecture at the University Crant) attempts to lure his star reporter (and ex-wife) back to on April 5 and 6. MUSIC: work amid a fast-breaking Guitarist David Russell per- murder case, 8:45 p.m., 170 Millard Fillmore Center, forms at 8:00 p.m., Slee Concert Hall, Amherst campus. Ellicott Complex, Amherst Tickets available at the door. campus. why not take a break and enjoy one or more of the various ■ , , 8 Opinion April 4,1M4 THURSDAY, APRIL 5 LECTURE: The John W. Cowper Distinguished Visiting Lecture Series: Dr. Howard A. Bern, distinguished research endocrinologist, discusses "Of Mice and Women: The Effects of Early Exposure to Diethylstilbestrol (DESr. 800 p.m.. Room 20, Knox Lecture Hall, Amherst campus. See April 4 listing for additional detail. Photographer led Devine discusses his work at 2:00 p.m.. Room 315, Bethune Hall, 2917 Main Street near Hertel. Sponsored by the Department of Art and Art History. FILM: Liquid Sky, 1983 Russian film directed by Slav* Tsuckerman. described as "the punk world's Raoul," 4:30, 7:00 and 930 pm., Woldman Theatre. Norton Had, Amherst campus. Admission, first show only, $1.50, students;, later screenings, $1.75, students. Eating OPENING: An annual show of student work opens with a reception from 4:00 to 6:00 p.m.. Black Mountain College It Art Gallery, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. See exhibit notes below tor additional detail. MUSIC: Guitarist Paul Skrbin gives a M.F.A. recital at 800 p.m., Baird Recital Hall, Room 250, Baird Music Hall, Amherst campus. THEATRE: Hair, famous rock musical, directed and choreographed by Terry Arm Umanoff. 8:00 p.m., through April 8; also April IMS (April 14 performance will be at 7:00 p.m., however), Katharine Cornell Theatre, Ellicott Complex, •t Harriman Hall Ticket Office, Main Street campus, and 8 Capen Hall, Amherst campus. Tickets will be $4.50 at the door. FRIDAY, APRIL 6 LECTURE: The John W. Cowper Distinguished Visiting Lecture Series: Dr. Howard A. Bern, distinguished research endocrinolpgist, concludes this year's series with a talk on "Neurohormones from Fish Tails: The Caudal Neurosecretory System," 8:00 p.m, Room 20, Knox Lecture Hall, Amherst campus. See April 4 listing for additional detail. FILM: Liquid Sky, 4:30, 7:00 and 9:30 p.m., WoMman Theatre, Nor- Amherst campus. Presented by ton Hall, Amherst campus. Set the student theatrical group, April 5 listing for details. S.T A C.E and the Scannm (David Cronenberg, Undergraduate Student 1981), science fiction horAssociation. Admission: $3.50 continued on page 10 for advance tickets available �One-to-One Prografri: continued Bylaw 13 Compliance by Sue Terry from page 7 took him under, his wing and helped him out. Now he wants to pass on this spirit by assisting and guiding another student. It is like repaying his debt." However, "the primary goal is what it does for students," asserts Koscielniak. "They come to school not knowing what practice is all about. This program gives them an opportunity to find out what thereal world is about. Reality may help in the classroom by putattorney ting things in perspective." Koscelniak also points out that if students are more informed about the practice of law, they will do better in the job market because they will know what to look for, what questions to ask, and what answers to give. Students also learn about the variety of options and what are the dif- ferences in the options. "They are getting the best advice from people in the field on a time schedule that meets their convenience," /states Koscielniak, unlike the panel conferences which may conflict with other commitments. All the U/B Law student is required to do. is come to the Career Development Office in room 309 O'Brian Hall, choose an attorney card in the particular, field which is most ap- The evaluation forms are very helpful to CDO because it givesthem feedback on the program. Last year; 95% of the students found the attorneys cooperative, 95% felt the time was well-spent, 97% felt their pealing, fill out a form, and return in two days to pick up a copy of the letter which is sent to the attorney informing him of the match with the student. Although the attorneys' names are no longer placed on the cards, said Koscielniak, the students should feel free to ask who the attorney is once they have selected the card. "Removing the attorney's name was not done to be secretive," she explains, "but done to ensure order." In the past, students would copy down the attorney's name and contact him/her directly. This would neither allow CDO to send a letter or guidelines to the attorney, nor allow CDO to give the students a guideline or an attorney evaluation form. Now the student must come back to CDO to get the attorney's phone number along with a copy of the letter and an evaluation form. continued from page 1 Burzstein of NLS sometimes accompanies students on their appearances in court and is available to assist them with their' (fates. He noted that the work performed by the students is appreciated since it eases the heavy caseload in NLS's housing department. Burzstein added that the Clinic "has been good for both sides. I know it's been good for us." Students in the Housing Clinic have found participation to be a valuable experience in the areas of making court appearances, dealing Board. Law The office is open most afterSociety is open to all law noons, and information on students interested in en- events and activities is posted vironmental issues. While most on the door. members are public-interest ELS activities this year have oriented, participation is en- included co-sponsoring a couraged and welcomed by Nuclear Waste speaker and those interested in cor- film; adoption of a nuclear porate/private law, and en- waste transport resolution; an vironmental legal defense. ELS Environmental Internship; an serves as an information ex- ongoing research project on change, keeping students in use of New York State's touch with environmental con- "Superfund" for toxic waste cerns at both the national and clean up; and a "Watt Resignalocal levels. We have member- tion Celebration." ship in several larger organizaUpcoming events include tions and receive magazine (unless we get snowed out), a subscriptions, including the canoeing party on Ellicott A'micus journal, New York Con- Creek on April 8. Contact the servationist, National Wildlife, ELS for more information. and Sierra. These are available Canoe rentals will be available at the office, Room 7, located at a reasonable price. TThe Environmental questions were answered willingly by the attorneys, and only 4.7% (representing three people) were unhappy with their match. So far this year, 100% of the responses were positive. The students' involvement with the attorneys ran the gamut and included going to court, meeting with the district attorney, speaking to attorneys' clients, watching a pre-trial conference, attending real estate closings, doing a short assignment, attending a negotiation in a judge's chamber, witnessing a divorce proceeding, and One attorney even offered a student help in the future with his career and another agreed to take the student to an arbitration hearing in the future. One student, forced to end the meeting with the attorney short, was able to arrange to meet again when there was more time, and felt that even the 45 minutes spent with the attorney was informative. Koscielniak is pleased with the students' past favorable responses, but is concerend that some attorneys have signed up for three years and have never met with a student; she feels that these attorneys are meeting with attorneys from the U.S. Department of Justice. Students' responses to the Students Face Reality In Law School Clinics . in the basement of CBrian, next to the Moot Court program were equally interesting: "wonderful, suprisingly enjoyable, and informative"; "It really showed me what the day-to-day experience of a criminal lawyer is like"; "I actively participated 1 iri his routine"; "I discussed the contents of a file in detail with the attorney and the information was offered freely"; "I had many insights into the beginnings of general practice"; "The attprney picked a day that was convenient and interesting." very likely not to participate in the future. "We encourage students to sign up," she claims. "You won't be disap- pointed. are even spring because CDO is very busy in the fall with on- and interviews. off-campus However, this year the CDO will continue to make assignments into summer and fall. The progam also has been expanded to include participation of alumni in the Rochester area, and Koscielniak hopes this expansion will include the New York City area in the near future. Child Care Center. because some real client is depending on you." He added that although this puts extra pressure on the students, it's continued (rpm. page 3 als6 one1 of the' reasons the prepare' r prdposaT wßrch ' You welcome to sign up again." Traditionally, the program has been held only in the . ,. . , : of the amount within the manpower to assist in structuring! the center/ as we)l as to budget hearings scheduled for Clinic is a nice transition from would justify such a contribugive any legal assistance as April, further that the second law school to practicing law. students of the law, though not one-thousand dollars be tion and show the likely sucMcCarrick believes that cess of the venture. Jim work- as legal representatives as we payable by September 30, 1 aside from the practical ex- ed on the technical and detail- cannot as yet act in such a 1984. These contributions would be transferred into the perience, "the Clinic provides ed presentation to the Finance fashion. We offer direct comstudents with an opportunity Committee and the SBA which munication through the Child Care Committee account to reflect on how they feel included three phases of comParents Law School Associaat Sub-Board I. about their professional role mitment and outlined how the tion (PLSA) which can act as a 111. The SBA recognizes that and their relations with clients funds are to be disbursed. liaison between the center and the Child Care Center is a continuing responsibility and that and other attorneys." She asks the Law School. the Finance Committee* In students to discuss such sub- the proposal was cut by $500 11. The SBA encourages the as such may need support in jects as how their perceptions for budgetary reasons. The University to recognize the the future years. Though this with clients and other at- of other attorneys and of their Finance Committee then need for child care and urges it SBA cannot speak for, future torneys, and handling their clients have been affected and presented the proposal to the to fully fund this service. In the SBA's we strongly support the own files. Third-year student how their court experiences SBA for approval, which was absence of such funding, the concept of the Law School Brendan O'Donnell asserted, have compared with their ex- unanimous. SBA President SBA recoognizes the financial united with the University "It's great experience. pectations. McCarrick hopes Greg Phillips commented: burden of the Child Care, Child Care Center, and urge Anybody who hasn't had a that by discussing their ex"You see, the SBA does do Center and hereby contributes future SBA's to give serious manner, consideration to any 'request support in the amount of oneis a this clinic missing valuable part periences in some good." thousand dollars from the cur- from their officers. students will think about what University Wide Child Care of their legal education." rent unallocated line; and an Tom Fucillo, also a third- an attorney is, instead of unCenter We the SBA, pass this stateadditional one-thousand year student, agreed, saying he critically assuming a role after SBA Proposal for Support dollars to be contributed from ment of support for the Univerhad learned more from taking graduation. the 1984-85 budget, the sity Child Care Center for McCarrick added that the Clinic than he would have We the Student Bar Associato with transfer of which would be SUN Y/Buffalo-Amherst this Bth cope students have had in a class covering the same tion (SBA), as the representopic. One student mentioned the frustrations of unsymbody tative of the dependent on the acceptance day of March 1984. there is a tremendous dif- pathetic clients and with the SUNY/Buffalo-Amherst Law ference between classes and knowledge that often their ef- School, hereby pledge our supby Victor D'Angelo clinical experience, since in forts result only in temporary port to the Unviersity Child Final Fear the Clinic you are "dealing relief for clients who will Care Center for SUNY/Buffalo with real clients. You become return with other legal pro- Amherst We are fully aware of obsessed with doing the work blems. the need for an inexpensive That horrible time is almost here, >'■ 1 - and convenient form of child care, which would be open to university students, faculty and .staff. We understand the growing value of a child care center to this institution, as Roosevelt on February 21, more parents are returning to 1912)—"My hat's in the ring. college to complete or The fight is on and I'm stripped enhance their education. This, and to the buff." This, might be a need must be addressed disgusting thought to" sortie, resolved to ensure that all peobut presidential politics is not ple have an opportunity to fulfill their educational goals for the queasy. Hart's "New We support the Uhviersity" Forget Ideas"-it's time to subject the Child Care Citjter. as follows: rest of the country to Schlegel's Buffalo Model. "So I. the S6A recognizes the let it ring from the mountain- usefulness of a'child care center and openly supports tops: SCHLECEL FOR PRESIsuch efforts by committing DENTIIIIIIIIIim Schlegel for President continued from page 5 percent). This, though, is getting ahead of ourselves. The first matter is to convince our fearless leader to throw his ring into the hat for the Republican nomination. It is our duty to urge our top space cadet, in true Buffalo style, to "wing" it, and make a run for the presidency. I even have a campaign slogan for him (uttered first by Theodore . • The time of year that I most fear, Time to take final exams, Study like crazy, that is just maybe, if you can get a seat jn the library,) Thfe rain wiH fall On the new born flowers, and inside you'll pull yoqr hair out a^'ypuworfc on a take h6rrte for 24 hours. . , C'WelllVboirytoget son^ sleep.": ):JQ." ! Iti! all be Worth It in a month or two, . miali;b» worth .":" .;, ' ''"J at least a'O '■''" "v '■ :- -r"' April 4, ; 1984 Opinion L ■■'-' ' - \ 9 �Movies, Lectures, Music and Theatre at U/B continued from page 8 ror/thriller about a government's attempt to control those individuals dubbed "scanners," i.e., those able to scan other's minds. Midnight, Woldman Theatre, Norton Hall, Amherst campus. Admission, $1.75, students; $2.50, non-students. Sponsored by UUAB. THEATRE: Hair, 8:00 p.m., Katharine Cornell Theatre, Ellicott Complex, Amherst campus. See April 6 listing for additional detail. campus. See April 6 listing for rett. The week-long festival wMI additional detail. feature extensive interaction GUIDED of composers and performers, and also concerts based on improvisation, jazz transforma- tion and computer music, along with a review of contemporary European music, a restrospective American piano marathon, guest ensembles, and after-hours cabaret con- Concerts will be held at U/B and at such off-campus locations as the Albright-Knox Art Gallery, Hallwalls Gallery, certs. the Cabaret 650, 650 Main SATURDAY, APRIL 7 Street, and the Buffalo and MUSIC: The North American New Erie County Public Library's Music Festival opens at 8:00 downtown auditorium. Tickets p.m., in Slee Concert Hall, for the opening concert at $5, Amherst campus, with perfor- general audience; and $2, mances ofworks by guest com- students, available at the door posers Stephen Montague, Anonly. (Please note: tickets for drew Stiller and Carman all festival performances will Moore. In addition to the many be sold at the door only.) participating faculty artists and those musicians associated with the U/B Music Department, the opening con- FILM: TOUR: Darwin D. Martin House, designed by Frank Lloyd Wright, one tour only at 10:00 a.m., 125 Jewett Parkway, Buffalo. Conducted by the Western New York Chapter of the Society of Architectural Historians. Donation: $2. SUNDAY, APRIL 8 MUSIC: The North American New Music Festival, continues with two performances: Noted contemporary music performer and cellist Frances-Marie Uitti will perform at 2:00 p.m. in the Albright-Knox Art Gallery, Buf- falo. The audience will walk through the galleries with Uitti who will stop at selected paintings and "play" the artworks on cellos and electronic equipment. the door only. Hallwalls members will be admitted free of charge. See April 7 listing for additional details on the festival. LITERARY: The U/B English Department's "April Festival of Fiction and Poetry" continues with readings by poets loan Murray and Maxine Silverman, 3:00 p.m., Darwin Martin House, 125 Jewett Parkway, Buffalo. Murray's poetry has appeared in The Atlantic, Harper's, American Poetry Review and Ms. Silverman has published in the anthologies Pushcart Prize 111: Best of the Small Presses and Voices from the Ark: Modern Jewish Poets. FILM: Brainstorm, 4:30, 7.00 and 9:30 p.m.', Woldman Theatre, Norton Hall; Amherst campus. See April 7 listing for details. GUIDED listing for details. EXHIBITS: Prints by Romare Bearden, the celebrated collagist and painter whose depictions of Afro-American life have been shown in major American galleries and museums, opens April 4 and continues through April 25, in the Capen Gallery, fifth floor, Capen- Hall, Amherst campus. Rumsey Competition: Junior art students compete for two summer scholarships with a display of paintings, drawings, prints and photography, April 2 through 13, Bethune Gallery, second flooor, Bethune Hall, 2917 Main Street near Hertel A show of student works opens with a reception on April 5 and continues through April 15, Black Mountain College II Gallery, 451 Porter Quadrangle, Ellicott Complex, Amherst campus. See April 5 listing for details. Photos by Irene Haupt, area (Douglas Pianist Yvar Mikhashoff will TOUR: Trumbull), recent release with perform a marathon piano conDarwin D. Martin House, Christopher Walken and the cert celebrating 70 works of designed by Frank Lloyd theatre and dance cert will feature the Amherst late Natalie Wood, 4:30, 7.00 American music in as many Wright, one tour only at 1:00 photographer, through April 29, U/B Center Theatre lobby, Saxophone Quartet and the and 9:30 p.m., Woldman years (1914-1984), beginning at p.m., 125 Jewett Parkway, BufTremont Quartet as guest Theatre, Norton Hall, Amherst 5:00 p.m. and ending at Midfalo. Conducted by the 681 Main Street, Buffalo ensembles. Also, Stephen and campus. Admission, first show night, Hallwalls Gallery, 700 Western New York Chapter of Haupt's photos have appeared Frieda Manes will play a 1941 only, $1.50, students; $2.50, Main Street, Buffalo. The conthe Society of Architectural in the New York Times and will' also piano, four* hands, work by non-students. Later screenings, cert Saturday Review, as well as in mark Historians. Donation: $2. many Buffalo publications inConlon Nancarrow; and the $1.75, students; $2.50 non- Mikhashoff's 25th anniversary THEATRE: as a concert performer. Tickets Hair, 8:00 p.m., Katharine Corcluding many published byu/B Tremond Quartet will perform students. the 1975 String Quartet by Scanners, Midnight, Woldman at $5, general admission; $4, nell Theatre, Ellicott Complex, where she does frequent noted jazz pianist Keith Jar- Theatre, Norton Hall, Amherst and $2, students, available at Amherst campus. See April 6 freelance work. Brainstorm Economics Presents Possibility Of Refinement in the System continued from page 4 since early in the eighteenth century, that the analysis is biased by any given system in which it works. Economics cannot chose a given distribution in which people will live, but it can point to some of the ramifications that certain policies will effect if enforced on the economy. For example, a given level of spending by the federal government will cause certain levels of inflationary pressures on the markets. Depending upon where and on what one decides to spend the funds, economics can show that certain efficiencies or disequilibriums will occur. IB'SltaiNir lariat. laND f{°^g Dow it Better, Faster for Less! H-mnmhvhmkM*> TypmtaPrinfd SsmoStt Cooitd ALSO: • POSt#TS Brochurwi • Ticket* • • cnv#iop#* I«7S N. F. Mvd. 04-704* \~ There is choice involved, and this is what Prof. Kennedy proposes. I think that the goal of the new breed of legal educators is to show that such choices must be made, and that we can't escape making them. Whether or not some of the professors at U/B have been successful in disseminating this attitude is debatable. The yearning of some of the students at U/B to "take a step backwards" —as Mulholland so eloquently puts it—is a belief that U/B professors, particularly in the first year curriculum, are stepping away from Kennedy's objective of shedding light on the importance and inescapability of making choices, and are in fact their own philosophical im- studies in other disciplines seriously and who revolt at novices treading unknowingly and uneducatedly on our turf. Pedagogy or Pedagese? continued from page 4 "wooden Indians." The case method, i.e., instruction solely through the reading, differentiating, and discussing of appellate-court opinions, pro- duces conventional-minded at- torneys who are unable to react dynamically Buffalo 835-0100 the less adversarial techniques often used by modern American attorneys. There is abundant llkVVe April past year. com- will take far more than three years. Some believe a lifetime would not suffice. To the extent that we are constrained by the traditional discourse, we may never acquire this essential yet elusive talent. It is unwise to ask for more limits than there are, more rules than those presented, and more convention than is already en- Wednesday, Apr/7 77th/ hit the stands yApr/7 75th/ JF 4.1*4 The 1983-84 Editorial Board of The Opinion would like to thank University Press for their fine work and cooperation throughout the promise at this School. Learning to grapple with discretion NEXT DEADLINE FOR The QpiniQn ntrt Opinion and creatively to modern legal dilemmas. In addition, it fosters little understanding of down our collective and captured throats. Such a biased approach is not only bad education, but it is to those of us in the* trepulsive University who have taken our dured. peratives /s 10 economy.) trying to shove a number of 3171 Main St Amh*rM Economics cannot, however, tell the government whether or not such monies should be used to hire teachers or fund high-priced weapons manufacturing. (Both of these expenditures will increase the money supply equally and should, within a given period of time, create the same stimulus in the A jff This will be the FINAL ISSUE published by the current editorial board of The Opinion. �— r ■—; r—- ——■»«.———— Enjoy some coffee and donuts. courtesy of BAR/BRI! __ BAR/BRI DISCOUNT DEADLINE ENDS APRIL 19th! For all 1984 g;ra4uates who re&ister with BAR/BRI, there will be a $25 DISCOUNT off the regular course price ! For all 1985 and 1986 graduates, there will be similarly a $150DISCOUNT off the regular course price. n Sign up at the BAR/BRI table by depositing $50 to receive the discounts I ■ M 401 Seventh Avenue, Suite 62 • New York, New York 10001 • (212) 594-3696 "™ ATTENTION ALL FIRST YEAR STUDENTS There will be two FREE BAR/BRI review tapes shown to ease your studying burden for finals. PROPERTY P"! on Sun., April 15th from 12—4 p.m. in room 108, J | and TORTS on Mon., April 16th from 6—lo p.m. in room 107. I Come and see why BAR/BRI has the most capable (and entertaining) lecturers! 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 April 4,1954 Opinion Page eleven �1984 Baseball Preview: The American League by Randy Donatelli The Chicago White Sox won their division by twenty games in 1983. The Baltimore Orioles became the first American League team to win the World Series since 1978. The success of these two powerhouses is no secret; they both have great starting pitching and they both hit a lot of home runs. The Orioles play in Baseball's best and most competitive division. Although I am picking the Birds to take the A.L. East, they are by no means a shoo-in in a division in which four other clubs have a legitimate shot at first place. The White Sox are a virtual sure bet to take the A.L. West again. The Sox have the good fortune of playing in Baseball's weakest division. I would be surprised if another team in the A.L. West won more than 85 games. The 1984 season will include Rod Carew's pursuit of the 3,000 hit mark —he is just 168 hits away. Carew will also take aim at hitting .300 this season, which would give him sixteen consecutive seasons of hitting .300 or better. Carew's Angel teammate Reggie Jackson needs 22 homeruns to reach the 500 mark, a number he must attain if he is to seriously of thoughts entertain Cooperstown immortality. Cecil Cooper goes for his eighth straight .300 season, and Ceorge Brett goes for six in a row. A typical season for Rickey Henderson will give him a total of 500 stolen bases at the age of 25 (students of the game can appreciate how Incredible this is). And keep an eye on Boston's Wade Boggs, he has hit .349 and .361 in his first two seasons. A.L. EAST 1. Baltimore: It took me a whileto decide, but I have decided to go with the Birds this year. Mike Bod- dicker, Storm Davis, Scott McGregor, Mike Flanagan, Jim Palmer and Dennis Martinez give the Orioles six very good starting pitchers. Tippy Matinez is the stopper in the bullpen. Eddie Murray and Cal Ripken are two of the game's best hitters. John Lowenstein, Gary Roenicke, Ken Singleton and other role players can hit the long-ball. The Birds are the best of five very good teams. What makes them a cut above the others is their abundance of quality starting pitchers. 2. Detroit: The Tigers everyday lineup is very impressive. Alan Trammell, Lou Whitaker, Lance Parrish, Larry Herndon and Chet Lemon are all good hitters. Third base and leftfield are still up for grabs, but quality players will be competing for these positions. The pitching staff is headed by workhorse Jack Morris, 19 game winner Dan Petry, and bullpen ace Aurelio Lopez. MiltWilcox and Juan Berenguer are good pitchers, but the Tigers do not have quite enough pitching to overtake the Orioles. 3 New York: Billy Martin's ridiculous platooning system hurt the Yanks last year. This year's On Friday. April 6,1984 the Law Alumni Association will hold its annual dinner at the Buffalo Hyatt Regency, with cocktails starting at 6 p.m. and dinner at 7 p.m. The Anodation will mate awawk toe Judiciary Hon. Randolph U. Johnson (posthumous) Public Service Professor Louis Del Cotto Private Practice Herald Fahringer There may be some free tickets available to law students. Check with Chris in CDO. mistake —moving Dave Righetti to the bullpen —has already been made by new -manager Yogi Berra. The way I see it, would you rather have a great pitcher like Righetti pitch 100 innings or 250 innings in a season? The notion that Righetti will be of more value to the team while pitching only forty percent as many innings as he could is totally ludicrous. Ron Guidry, Shane Rawley, and Roy Fontenot give the Yanks three strong lefty starters. If Phil Niekro can start every fifth day and win fifteen games, and if John Montefusco can win at least twelve games, the Yankees would have a good shot at winning the division. But these are big "ifs." Offensively, the Yankees are strong with Dave Winfield, Don Baylor, Steve Kemp, Ken Griffey, Roy Smalley, Don Mattingly, and others. 4. Milwaukee: Paul Molitor, Robin Yount, Cecil Cooper, Ted Simmons and Ben Oglivie give the Brewers an awesome attack. Recently acquired catcher Jim Sunberg is a defensive standout and will allow Ted Simmons to be a full-time DH. The pitching is not very impressive. Don Sutton is solid and the return of Pete Vukovich and Rollie Fingers will help, but the Brewers need standout years from the likes of Moose Haas, Bob McClure, Mike Caldwell and Rick Waits, to have any chance of taking first place. 5. Toronto: The bottom line here is that the Jays are not the potent of- fensive club that the other contenders are. Centerfielder Lloyd Moseby is now one of the best players in the league, and outfielder Jesse Barfield is a rising star. Damaso Garcia, Alfredo Criffin and Willie Upshaw give the Jays a good infield. The weak spots are at leftfield, thirdbase and sometimes at catcher. Dave Steib and Jim Clancy lead a pitching staff that was a disappointment last year and failed to improve in the off-season. 6. Boston: The same old story: a lot of great hitters and a lot of not so great pitchers. The Sox added another good hitter, Mike Easier, but they gave up their best I efthanded pitcher, John Tudor, to get him. The first ANNOUNCING THE 4th ANNUAL RACE JUDICATA FRIDAY, APRIL 13th, 3:00 P.M. Start and Finish at O'Brian — 2:00p.m. Volunteers needed, give name & mail box number to Tim H»*»Hflgm.«»4Wh<mMVfc A.L. WEST 1 Chicago: The White Sox could become the first team in the majors to win 100 games since 1980. LaMarr Hoyt, Rich Dotson, Floyd Bannister and Britt Burns combined for 73 wins in '83, and Tom Seaver has since been added as a fifth starter. Harold Baines, Carlton Fisk, Greg Luzinski and Ron Kittle are all likely to hit at feast twenty homeruns. The Sox have a host of other good players, including Tom Paciorek and Rudy Law. 2. Texas: I'm optimistic about the Rangers' chances of finishing a distant second in the division. Last year this club had the best staff ERA in the league, but they scored far too few runs to back their outstanding pitching. They have since acquired slugger Gary Ward to compliment a lineup that already features Buddy Bell, Larry Parrish, Billy Sample, and George Wright. The pitching staff includes Danny Darwin, Charlie Hough, Dave Stewart and Frank Tanana. The Rangers have been hurt by the loss of several of their best pitchers during the off-season. 3. Oakland: The A's are probably nothing more than a .500 club, but winning half their games should be good enough for a third place finish in the division. This team K+OTO be their best pitchers. 6. Minnesota: As long as Calvin Criffith refuses to retain his better players, the Twins will finish at or near the bottom of the division year after year. Kent Hrbek, John Casttno, Tom Brunansky and Mickey Hatcher will provide most of the offense for a lineup that will score precious few runs. The Twins are weak at catcher, second base, shortstop and left field. The Twins also have the absolute worst pitching staff in the major leagues. 7. Seattle: Baseball's worst team has a good shot at losing 100 games this season. The Mariners scored the fewest runs of any team in the league last year, and they should repeat that performance this season. This Quisenberry to is truly a no-name team; only Barry Bonnell, Pat Putnam, Gorman Thomas and Al Cowens are recognizable to the average fan. There are several decent young pitchers on the staff. WORD PROCESSING TYPING - | ||ne Your Future Can't Wait Much Longer . Complete Editing Capability No need for retyping when editing drafts All law students/faculty welcome Registration, day of the race, beginning at •••••••* 5. Kansas City: The drug scandals have devastated this team. The Royals will miss the contributions of Willie Wilson, jerry Martin and Willie Aikens. They do, however, still have George Brett, Hal Mcßae and Frank White to solidify a very shaky lineup that features three virtual unknowns in the outfield. The Royals will once again rely on Dennis Leonard and Dan It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Twice around the academic spine (approx. 25 miles) TGIF PARTY FOLLOWING RACE two-thirds of the Red Sox order does have several quality is awe-inspiring: Jerry Remy, players. Rickey Henderson and Wade Boggs, Jim Rice, Tony Carney Lansford are both .300 Annas, Dwight Evans and hitters, and Dwayne Murphy Easier. Outside of Bob Stanley and Mike Davis are quality and Bob Ojeda, the pitching outfielders The strength of the staff is not worth mentioning. pitching staff is the bullpen, where Tom Burgmeier and Bill 7. Cleveland: I like the Tribe but I have to Caudill reside. The starters inpick them to finish in the cellar clude Mike Norris and Mike once again. The emphasis this Warren (author of a no-hitter year is on speed. The Indians last year). should lead the division in 4. California: Reggie Jackson, Rod Carew, stolen bases, if not losses. During the off-season they have Fred Lynn and Tommy John added speedsters Brett Butler, need no introduction. Bobby Otis Nixon and Tony Ber- Crich, Rick Burleson, Doug nazard. Unfortunately, there DeCinces and Ellis Valentine are no real homerun threats in are also fine players. The prothe lineup and there are too blem with this club is that they many holes in the outfield. The are nothing more than a collecpitchers include Bert Blyleven, tion of aging and injury prone Rick Sutcliffe, Neal Heaton, stars. If the Angels could put Dan Spillner and Ceorge their best lineup on the field everyday they would be conFrazier. tenders. The pitching staff is the oldest and among the most questionable in the league. - Box no. 192' SBA Sponsored *#*#«*&* ftfl *A00*» 1bTypestylcjA Symbols to Choose From Printed to Look like Typeset Or Typewritten Repetitive Work at Reduced Pricci Xeroxing, Printing. Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed - Call Proto-Type 883-3348 Ask For Randy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 24 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/38c1d8983d26e4e4fcec8473e6a95257.pdf 2e1a06569b14fc704c8ee55895dc23a7 PDF Text Text Vol. 25.1 THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 18,1984 FSRB Subcommittee On Dishonesty Meets by Mary Ellen Orvis On April 3, 1984, a Subcommittee of the Faculty Student Relations Board (FSRB) held its first open meeting to which all members in the UB Law School community who had information, advice or complaints relating to academic dishonesty were invited. Three students attended. The Subcommittee, which is comprised of third-year students Keith Martin and Jill Paperno and Professor Charles Carr, was authorized by the FSRB to conduct investigations into all aspects of the problem of academic dishonesty shortly after the FSRB received a letter on February 27, 1984 from Moot Court Board Director According to Professor Carr, manner, claimed Maffucci, the open meeting was not a students will be put on notice hearing per se because no that academic dishonesty in sworn testimony was taken. the form of library abuses will The purpose of the meeting, result in "immediate disnonetheless, was to hear peoqualification" from the comple's complaints and ideas in petition. an effort to identify the scope All participants in the April 3 of the problem. Only then, meeting agreed that the pracasserted Carr, can a response tical question of how to stop be formulated and possible academic dishonesty is a hard one to answer. Professor Carr sanctions be considered. At the April 3 meeting, speculated that "since ÜB's second-year student Terry grading system itself doesn't Brown-Steiner reiterated for serve to distinguish students, the Subcommittee his story of students may feel compelled finding twenty-seven volumes to seek distinction through of bound law reviews while achievement in Moot Court working on the fifth floor of competitions." The FSRB Subcommittee the law library. (See Brown Steiner's letter to The Opinion, March 14, 1984, page 2, "Our Readers Write."). Dan Pease requesting "any Bill Maffucci, in his capacity help you may be able to give as Editor-in-Chief of Buffalo us in this matter." Law Review, told the FSRB Pease in his letter addressed Subcommittee on April 3 that "an alarming level of destruc- during the first phase of the tion and abuse of the Law Review's casenote competilibrary resources during last tion, which was held over Spring break, one first-year stusemester's Desmond Competition" and the "present abuse dent encountered problems of library materials" during the finding library sources. MafMugel Tax Competition, confucci explained that the cluding that "[t]his situation Review has posted a billboard not only threatens the educain its office so that students tional benefits of the competi- who have difficulty locating library materials during subsetion itself, but also significantly impairs the ability of all law quent phases of the casenote students to effectively utilize competition rrtay advertise the the library facility." name of the source. In this Sex Abuse Problem In the United States by Marty Smalline A commonly cited statistic in the field of law enforcement indicates that every six minutes an incident of sexual abuse or rape upon a woman is reported in the United States. Worse yet, this figure does not encompass those occurrences which are not reported; nor does it reflect the incidence of abuse against males which may be less familiar to the public but equally as serious. In a community such as Buffalo, each of us must face the possibility that at some point we may encounter a situation where sexual abuse threatens one of us or someone we are close to. It may be valuable, therefore, to be aware of some of the major concerns related to it. Precaution and Prevention Recently, many citizens have sought effective defense measures to protect them from a sexual attack out on the streets. Some have become proficient at actual selfdefense techniques while others have resorted to weapons ranging from house- keys to handguns. Due to these precautionary measures,- a secondary concern for the safety of the victim has arisen in that one may increase the danger of injury or death by implementing such defenses when the disposition of the attacker is largely unknown. Alice Sullivan, a member of the Erie County Citizens Committee on Rape, was asked on WBNY-FM how this possibility should be treated. Sullivan emphasized the importance of assessing the situation realistically. She conceded, however, that the trauma of the encounter often inhibits rational thought and stressed the danger that weapons carried for defense may be used against the victim. If it is a deadly or inherently dangerous instrument the possibility exists that the attacker may seize it from the victim. Sullivan suggested other means such as kicking and gouging the assailant, although this too is in danger of enraging a potentially lethal attacker. Sullivan is committed to teaching measures for avoiding and preventing a potentially continued on page 9 also faces the task of recommending due process requirements in any investigation of academic dishonesty. "First, we have to let people know from the outset that they are expected to live up to certain standards," asserted Keith Martin. Then, according to Carr, the Subcommittee must determine whether "pro- cedures conform to due process standards, that is, is there adequate notice of the penalties for academic dishonesty? We know that the Law School has issued disciplinary rules related to examinations, but what if the instance of dishonesty is not exam-related?" In furtherance of its delegated task.the Subcommittee has met in private with third-year students David Marcus and Ken Schoetz of Law Review, Dan Pease of Moot Court, and Ellen Gibson, Law Librarian. To date, no students responsible for the library abuses have been found. "I doubt that anyone will be 'caught'," states Carr, "unless someone comes forward with specific information." The Subcommittee will issue a report at the end of its investigation to the Chairman of the FSRB and, hopefully, to the student body at large. Buffalo Law Review Passes Affirmative Action Policy He been a continuing source of disadvantage." socio-legal debate, is how to explained that this is a On March 29, 1984, the remedy this past abuse. factor which would consider and members of the Buffalo Law Proposals ranging from a motivation Review an position that the problem determination as well as passed ability, Affirmative Action Policy over time will remedy itself, demonstrated amendment to the Review's to the more aggressive something which is not Constitution. This policy position for an affirmative sufficiently characterized by program have the other two factors yet is was the result of an effort action in important begun by third-year student developed society-wide. just as well the determining most feel that the how Although who was Tim Brock, position is candidate will perform on chairman of the Casenote former indefensible and untenable, the Review. To support his Competition Administration Committee in 1982. From defense for the latter argument Brown-Steiner this initial effort, another position has been faced with quotes Justice Douglas in of reverse DeFunnis v. Odegaard: proposal was made by claims discrimination. The Review A Black applicant who Terry student second-year in a pulled himself out of the is embroiled similarly Brown-Steiner. As a result, the current Law Review controversy as to what ghetto into a junior college demonstrate a members had two proposals action should be instituted may thereby motivation, of to choose from. Although to remedy the inequities of level preserverance, the and ability past. the two proposals for that would lead a fairminded affirmative action are admissions committee to Affirmative Action Program similar in purpose, they are Senior Editor Brown- conclude that he shows substantially different in the method employed to effect Steiner characterized his more promise than the. son their purpose. Brock's proposal as "a specific of a rich alumnus who broader policy proposal affirmative action policy." achieved better grades at Since the only factors Harvard. ultimately prevailed. According to Brownconsidered in evaluating candidates for the selection Steiner, the presence of this Historical Background When the Buffalo Law of the Review are first-year third factor in a candidate by an Review began in 1951, its grades and a numerical would be determined, Affirmative Action evaluation of the written elected to two main purposes were provide the opportunity for casenote, Brown-Steiner Officer and a specially legal writing and to publish proposed to modify the selected Affirmative Action significant student and selection process by adding Committee, from a two or summary page professional contributions another factor of "long-term three continued on page 10 to legal literature. Since that physical, social or economic by Victor R. Siclari time, landmark decisions by the Supreme Court in cases like Brown v. Board of Education Regents of and Bakke v. University of California have changed the social, and political economic structure of our nation. For the first time de de jure and facto discrimination have been seriously considered. The Court determined that the practice of discrimination is violative of the U.S. Constitution, but that might 6e the only clear decision the Court has made. The real question still remaining, and which has Professor Possibly Denied Tenure by U/B It has been brought to the attention of The Opinion that a non-binding straw vote has resulted in the possible denial of tenure for Associate Professor Michael A. Schaeftler. Until Schaeftler requests a formal vote, no offical decision will be made regarding his status at U/B Law School. When reached for substantiation of this matter, Dean Thomas E. Headrick had no comment, stating that he declined to discuss personnel matters with anyone other than the parties involved. Professor Wade Newhouse was also contacted since he is part of the committee to review tenure, but he referred The Opinion to the Dean. Marjorie Cirth, Convenor, could not be reached for comment. Schaeftler was not in Buffalo at the time of this release and, therefore, unavailable for comment. �Wednesday, April 18,1984 Vol. 25. No. 1 Editor-in-Chief Bob Cozzie Managing Editor \ Victor R. Siclari News Editor: Randy Donatelli Andy H. Vtets Features Editor: Ted Araujo Business Manager: Berger, Ellen Robert Bursky, Victor j. Contributors: Mary D'Angeto, Daniel W Dooher, Cliff Falk, Andy Friedman, Susan Kozinn, Pudge Meyer, Mark Mulholland, Mary Ellen Orvis, Greg Phillips, Craig Sheils, Marty Smalline, Rob Turkewitz, jud Weiksnar © Copyright 1984, The Opinion, SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY Editorial Policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo. Editorial Some Things Never Change A year ago in this space the then incoming editorial board of The Opinion published your basic freedom of expression piece commending the Law School Administration for holding the Buffalo Model Open Forum on April 14,1983. The suggestion was offered that all sides should deliberate over the issues and seriously consider possible changes. As the editorial indicated, many felt "that the Open Forum was merely a gesture of appeasement and lacked any substantial commitment to Presidents Corner Reflecting on SBA 83-84 by Greg Phillips It is traditional for the SBA President to write a "President's Corner" for the final issue of each year's Opinion. I suppose this would be a fine time to thank everyone who has been involved with SBA this year, and I intend to do so in due course. But I would also like to reflect back on my three years of SBA involvement and make some observations about this organization. People choose to get involved in SBA for a wide variety of reasons. Some run for SBA office because they enjoyed similar student government in- It seems to us that the ultimate Law in Context course would incorporate the thinking behind critical jurisprudence into the research, writing and work a lawyer actually does within a framework of more traditional course offerings. This would, of course, require considerably more effort on the part of professors. It is apparent, though, that the faculty is not inclined to put this kind of effort into their work. Or, perhaps it does not know how. The Buffalo Model is a failure in the same sense as is the rest of the country's legal education — there is too little emphasis on the nuts and bolts of lawyering. It is time to get back to basics. It is time to make teaching a primary rather than a secondary function. 2 Opinion rioJntqO April 18, 1984 W?i V !««,* reasons becoming people consider involved in SBA, the people that end-up on SBA care about this law and what goes on in it. school SBA members want the student voice to be heard by the Law School administration, cedure and/or Administrative and by all policy-makers who Law, there is much emphasis will listen, whether in the U/B put on procedural process really Administration, in Albany or in continued on page 7 1 Public Interest Placement: What is CDO's Commitment? — statistics. class year. I've found that for whatever Washington. Further, the SBA tries to certify and fund active law student groups that will make the Law School a more interesting, vibrant place in which to spend three years. And finally, we try and bring everyone together with enjoyable social events. Because of these goals and concerns, the SBA Board ends up spending much time and energy discussing our plans and attempting to insure that decisions are made fairly and correctly. Given the fact that we've all studied Civil Pro- Our Readers Write To the Editor: As SBA Vice-President, I have received complaints about the Career Development Office's (CDO) lack of involvement in public interest legal change." careers. I have investigated Now a year later, the new editorial board of The Opinion, these complaints, and would in light of the above, would like to make a couple of like to update students on the observations. First, as the pages of this newspaper have issues. Part of the problem is indicated over the past year, student concerns with respect in CDO. Audrey understating to the merits and demerits of the Buffalo Model persist. Koscieiniak and Alan Carrel Second, it has become apparent that last year's Open are only two people and they Forum was nothing more than a gesture of appeasement. are assisted by work-study The Law School hierarchy has evidenced no commitment students. However, a workto change, and because the nature of the Buffalo Model study student, by virtue of meets it and the faculty's needs and desires (though not her/his position, cannot put a sustained effort to the those of the students), it is unlikely to evidence such a forth task of fully developing a commitment in the future. public interest orientation at It is our intent, however, to go beyond the usual gripes the CDO. Hence, a group of inconcerning the Buffalo Model, such as the relevancy of terested faculty and students critical jurisprudence, the leftist politics of the faculty, and have met with Dean Headrick Lavy in Context courses. We doubt that other law schools to propose the hiring of an additional full-time placement db~a much better job with their rightist politics and person to work specifically on traditional course offerings of training lawyers. The non-commercial (i.e., publicproblem is deeper than the mechanics of the Buffalo interest, public service, and Model and it is one which pervades this entire University if government) placement. The not all of this country's educational system. The operative Dean seemed amenable to bringing in more help, but he words thus far have been "training lawyers." The Buffalo was unsure about where the Model is representative of every other law school in the fundit has at best a very limited ing would come from. An altercountry in one respect interest in teaching anyone much of anything that is native to getting a full-time relevant to what lawyers actually do. Teaching and training person would be obtaining a student or students who would have become secondary. receive a tuition waiver in At the recently held Alumni Dinner, a handout was order to work continuously on distributed to everyone in attendance which read in part: public interest placement. "As an important school in a major research university, the On March 7, 1984, faculty take their scholarship seriously. Last year 70% of Koscieiniak gave a lecture on the faculty published or presented the results of recent public interest legal careers. research. This activity produced 6 books or monographs, 9 articles and over 30 scholarly papers." It'seems odd to us that the Law School would take pride in this. We see it as the problem. It is not our contention that an end be put to all scholarly legal research, but one only wonders how much time and effort is being put into the teaching and training of the school's students in light of the above volvement as undergraduates. Others have a vague feeling that they want to get involved, or simply want to find out what's going on. I tried out for the Finance Committee two and a half years ago to meet people outside my section and where students interested in public interest careers could interview with numerous employers. This would ease ment area. She went on to the burden of the student who makes several trips to New report on a symposium she attended on Public Interest Legal York, often travelling to many Careers held at New York different boroughs to interview University Law School. For with, for example, five different Legal Services offices. anyone interested, she has extensive materials from that Consolidating these interviews conference, including names in one location and on one day and addresses and descriptions is a crucial cost-cutting of public interest employers in measure for students who New York City. NYU conducts often receive only work-study on-campus interviews, bringing funding for their summer posiShe began with some general background on how to go about obtaining employment in the public interest/govern- in many public interest employers to interview with students. I'd like to see the CDO conduct a "New York Interview Program" specifically devoted to public interest and government careers. It would complement the existing New York Interview Program by providing a set place (hotel) and one day I'd like to extend my appreciation to Audrey and Alan for their openness to and interest in the expansion of CDO involvement in public interest placement. Anyone interested in getting involved, leave a note in Box No. 473. |udy Olin SBA Vice-President Pickett, a Jackson Supporter, Reproached To the Editor: What a shame that supposedly intelligent law students have to enter into mudslinging to rebut a valid point. Gerri Pickett's slanderous comments about Rob Bursky in last week's The Opinion revealed a painful lack of understanding, not only for the feelings of Jews, but for the importance of Jackson's faux pas. If Ms. Pickett only understood the validity of Mr. Bursky's comments, she would have seen that his article was To the Editor: On May 20 the class of 1984 not aimed against Blackwill graduate. Members of our Americans, but against undiverse senior class will choose equal treatment of such comto celebrate and share this ments. Call me a bigot, Ms. event in different ways. Most Pickett, but I supported the will mark the occasion with the criticism against Rev. Jackson. traditional graduation regalia Nothing you say can change the meaning of what he said of caps and gowns. This year some of the (even if his terms were not in students who will not be wear- the dictionary!). Rich Gottlieb ing caps and gowns will be op- No Pomp for Circumstance tion. Ms. Pickett opened her let- ter by stating she was unable to find the term "hymie" in the dictionary, and thus concluded that there is no basis on which to consider the term a racial slur. Such logic is appalling. The terms "jungle bunny" and "spearchucker" are also absent from the dictionary—therefore, is one to conclude that these are not racist or derogatory expressions? Furthermore, Ms. Pickett has assured us that the "real concern of most Jews in their attack on presidential candidate Jackson is the fact that he is. a Black man." Does Ms, Pickett really believe ... ... that the American-Jewish community would ignore such a slur if it had emanated from any of the other presidential candidates? I am both infuriated and ting to share commencement gravely disappointed that Ms. in an alternative fashion. We Pickett, as a proponent of a will be contributing the money To the Editor: "Rainbow Coalition", would I am writing this letter in stoop to categorically single that would have been spent at Follet's book store to charity. response to some of the con- out Jewish people as racists. In This will make our graduation tentions made in the letter by this century, half of world more significant to us and Ms. Gerri Pickett in defense of Jewry was exterminated in Jesse Jackson as it appeared in death campus. Extreme senthose with whom we share it. Jill Paperno the April 4 edition of The Opi- sitivity to perceived antiAnnamarie Richmond nion. continued on page 10 �- DFeahrlinHgeCAonumtri Johnson Editor's Note: Several weeks ago Alan Carrel requested that the editorial board of The Opinion assign a staff member to cover the 22nd Annual Dinner of the Law Alumni Association held on April 6, 1984 at the Hyatt Hotel in downtown Buffalo. Largely by default, Andy H. Viets was assigned to the story. Upon his return he filed this report. It was a dark and stormy night. A near-lethal combination of snow and rain was falling from the sky as I made my way towards the new Hyatt Regency for the Alumni Dinner. My sinuses had been acting up, but being the trooper that I am I continued on (neither snow nor rain will pre vent this reporter from getting a free meal). The Hyatt Regency is a beautiful place, though the surroundings leave something to be desired. The Hotel is large and inviting, but it is smack in the middle of one of the ugliest places on the planet. No matter—l was there and ready to party. I approached the registration table where I gave the receptionist my name and purpose. She looked at a list of names she had in front of her. "I'm sorry," she said, "but I don't know who you are and I'm not letting you in." "Alan Carrel asked me to cover this bash for the law school newspaper," I said. "Perhaps you can ask him about it." She left for a second, only to return shortly with a gentleman at her side. "I'm sorry Andy," he said, noticing that I was taking notes on all of this, "but I don't know who you are and I'm not letting you in." Again I stated my name and purpose. "Well, I'll go check it out," Regency he said. Moments later he returned, ticket in hand. "Yes Mr. Viets," he said, somewhat flustered. "I'm very, very sorry. You'll be seated at table 14 this evening. Feel free to mingle and be sure to have yourself a drink." By his sud- den change of disposition I soup with the meal. supposed he was convinced The table talk was as exthat I really was writing a story. pected. Presidential politics "Thank you very much," I was one of the topics of the said. "I think that I might even day (general conclusion—they have several drinks. Now, liked Gary Hart but are not overly enthusiastic about any where's the keg?" candidate). There were also He looked terrified for a moment until I told him that I was references to professors and only kidding. how good or bad they were Several law students and (some things never change). The final segment of the members of the Law School hierarchy and faculty were evening's activities consisted already present as were a cou- of an awards presentation to ple of hundred alumni and outstanding legal figures their guests. Over 370 tickets chosen by certain members of had been sold for the event, the Law Alumni Association. the largest crowd the Alumni This part of the program was at Dinner had ever attracted and times both entertaining and an increase of more than 40 controversial. over last year's attendance. U/B Law Professor Louis A. The evening began at six Del Cotto was the recipient of with an open bar for an hour. I the Public Service Award. He made a stab at being dignified thanked nearly everyone in exfor a change, and ordered a istence and then mentioned seven and seven instead of a the numerous changes in the beer. Then I made a pain of Internal Revenue Code over myself and started taking pic- the years which he had happily tures. suffered through, an exAs the dinner hour neared, perience which he likened to several of the organizers made "making love to a gorilla. You useless attempts to have stop when it wants to." everyone find their seats so Herald Price Fahringer, that dinner could be served. something of a celebrity these Finally, after some dictatorial days due to his successful shouted over career as a criminal law atthe PA system, people manag- torney, received the Private ed to locate their tables. I had Practice Award. Fahringer been seated with five members thanked everyone profusely, of the Buffalo law firm of noting that, considering his Damon and Morey. Four of poor trial record over the past them had graduated from the two years, "it was nice to finalLaw School in the late 1970's ly win something again." He comments were and one was a partner in the firm. With the last individual I agreed not to ask, never mind print, his year of graduation. The dinner began with what to be a I guess was supposed salad. Actually, it looked like they just cut a head of lettuce into four strips and dumped one onto my plate. Rolls (which were a bit stale) and butter were already on the table. The main course consisted of (and this is straight from my notes)—chicken stuff, macaroni stuff, and a stuffed tomato with gobs of cheese melted over everything in sight. Whatever it was, it was quite good and the chocolate cake for dessert was even better. It would have been nice, though, if they had served concluded by reminiscing back to his days at the Law School when it was located downtown on West Eagle Street. Finally, Rudolph U. Johnson was named, posthumously, the winner of the Judiciary Award for his work as a New York State Supreme Court Justice. By all accounts, Judge Johnson was one of the finest jurists to ever be so honored. After the awards presentation was completed, Dean Headrick was called on to make a few comments, a situation which nearly turned disastrous. He began by honoring all three recipients for their achievements, but then had some special words for Del Cotto. "Louis Del Cotto is a Seeing Prisoners As People, Task Force Urges Participation by Mary Ellen Orvis were encouraged to help the Committee by doing legal U/B Law School's Prison research and by going to Attica Task Force is wrapping up to "relate to the prisoners." another semester of conduc- [Opinion, 3/9/72, p.4) As the specific defense ting weekly classes in legal research and writing for in- assignments of the attorneys mates at Collins Correctional faded into history, U/B Law Facility, and hopes to have an students who had volunteered equally busy and successful in the Guild's program schedule starting next fall. All recognized the importance of law students who wish to par- providing inmates with conticipate in the Task Force are tinued education in legal welcome, and will be briefly research skills. In 1974 classes trained before going to Collins. were started at Albion CorrecIn the early Fall of 1971, tional Facility, a mediumafter the infamous uprising at security coeducational prison, Attica Correctional Facility and were continued until the which resulted in the deaths of spring of 1982 when the program was terminated by Alprisoners and guards, the Bufdiscretionary falo Chapter of the National bion officials for reasons. atinvited Lawyers Guild torneys on the Attica Defense Program Expands Committee to come to Buffalo and use U/B Law School as a In the Spring of 1983, then base of operations. Students second-year student Dave Rynders and Mary McHale (U/B Law '83) contacted Collins Correctional Facility, in the hopes of renewing the Prison Task Force's outreach program. According to the Force's statement of goals and purposes, "By teaching the students (inmates) such skills as determining the holding of a case and using law books, we hope to achieve the dual purposes of enabling them to protect their rights and avoiding frivolous litigation based on misunderstanding of the legal system." Rynders and McHale had to be personally interviewed by Collins officials to assess their sincerity in administering the program, and had to provide officials with course outlines, before receiving permission to continued on page 10 brilliant professor and an appreciated colleague," began Headrick, "and a man that we now know makes love to a gorilla." Del Cotto's wife was seated next to him at the dais. Initially, the audience responded with scattered giggles, recalling Del Cotto's earlier remarks. Then, however, the crowd went "I was delighted to see this kind of turnout," said Carrel. "It was an excellent dinner and it demonstrates the enthusiasm and pride the alumni of the Law School have." Statistics bear him out. Alumni involvement in and support for the Law School has shown an increase in recent years. The Alumni Association now includes 610 members. Generous responses to fundraising efforts have enabled the school to develop programs and activities not adequately provided for within the State budget. silent, realizing the presence of Mrs. Del Cotto. Seconds later, though, the Del Cottos broke into smiles and the room erupted into laughter. The Dean, it appeared, had been saved by a smile. This reporter's evening was After the dinner, the general concluded by standing in line reaction to the Dean's joke for twenty minutes waiting to was -favorable, although one retrieve my coat. During this member of the Law School time a member of the Law hierarchy was heard to say: "I School's administration was afraid all of last semester fruitlessly attempted to conthat Schlegel would say vince me that despite its shortsomething like that." comings, the Buffalo Model is Numerous people were in- the greatest thing since sliced volved in the success of the bread. I admit that I had a hell dinner, namely the members of of a time at the dinner, but I'm Dinner Committhe still going to California (with tee—Thomas C. Bailey, Joseph an achin' in my heart). W. Keefe, Joseph G. When I got outside it was Makowski, and Maryann S. still raining and snowing. DrivFreedman. In addition, Alan ing conditions were miserable. Carrel played a significant role From beginning to end the in the evening's activities, evening had been representhough he preferred to thank tative of Buffalo at its best. others. Louis A. Del Cctto (left), Herald Price Fahringer (right), and the late Rudolph U. Johnson were the award recipients at this year's Alumni Dinner. CDO Publishes Employment Statistics Graduating Class, 1983 In May, 1983, 288 students graduated and at the time of their admission to the bar, 95 percent had found positions in law or law-related fields. The New York bar exam was taken by 259 graduates, and 83 percent passed; others passed bar exams in other states, but our information on them is incomplete. To a significantly greater extent than in recent years, the members of the Class of 1983 opted to practice in smaller private firms and to stay in the Buffalo area. Associations with small firms rose from 22 percent in 1982 to 33 percent in 1983; location in the Buffalo area rose from 32 percent to 42 percent. Both of these shifts are contrary to normal expectations and thus may reflect factors special to this class. The distribution of the class among types of employment and location now appear as follows: Type of Employment Law firms TOTAL 55 percent Judicial Clerkships 4 percent 14 percent Size 2-10 33 percent Government 7 percent 11-25 7 percent Public Interest 3 percent 26-50 4 percent Military 9 percent 51-100 7 percent Business 2 percent 4 percent Teaching 100+ 4 percent Self-employed 2 percent Advanced Degree Place of Employment Percentage 42 percent Buffalo area 7 percent Rochester area New York City area 19 percent 16 percent Other New York 12 percent Out of State 4 percent Unknown April 18, 1984 Opinion 3 �Political Commentary Reply Writer Responds to Charges Levied by Critics what he has stated his positions who supports the Palestinian cause, since you do mention by Robert M. Bursky are, then by that very logic there must be 25 million Americans qualified to be President, since there are pro- After much inner debate and that later in your letter. consultation with friends, I However, Jackson's skin-tone have decided to respond to the has nothing to do with the three letters ("In Defense of Palestinian issue so far as Jews Rev. Jesse Jackson Our are concerned (or probably Readers Write", The Opinion, April 4, 1984) lambasting me for the article ("Public Shouldn't Be Misled by Jesse Jackson's Apology," The Opinion, March 14, 1984) in which I condemned Jackson and his reference to Jews as "Hymies." It took me quite a while to decide that a response is in order. I was tempted to let these letters speak for themselves, since they actually support the perspective I espoused in my article In the end, however, I decided to reply, not so much to refute any suspicions or accusations to the effect that I am racist, but to further demonstrate to both Jackson's marginal and potential supporters that he is not deserving of the White House, and to point out the giddiness of those who have been all too quick to leap to his defense. The three letters were all noble attempts at character of assassination mine, course. One overtly called me racist (another first in my life); another implied as much; the other did not accuse me of racism so much as it did Fascism, Nazism and general ignorance. I guess that, since they couldn't come up with a viable defense for Jackson (after all, neither could he), they did the next best thing —they condemned me for condemning him. This is a standard operating technique among certain segments of our population—when all else is lost, cry racism. Anyone disliking Jackson is a bigot. Anyone against affirmative action programs, either on principle or based on a belief that such programs actually hurt minority interests in the long run, is a racist, also. In my article, I stated that all too often, minorities feel and act as though, "[t]hey may condemn, but may not be condemned." I believe the three letters that I am about to address, in large measure, support that assertion. Another reason why I almost decided to forego an answer lay in the fact that these letters were so outlandish, off-thewall, and distortive of reality, I couldn't find a suitable place to begin a response. After endless thought and hairpulling, I decided to make things easy on myself and treat each of the letters separately, replying to each in turn. Here then, is what I have to say: — bably that many people who share and have voiced at least some of Jackson's perspectives. As far as Operation PUSH is concerned, it is not so much an organization to help poor people as it is one to increase Black voter registration. How dedicated to the plight of women can he be when it is only since he threw his hat into the ring that he has supported the rights of women to have abortions? I have no problem with the fact that Jackson is a Black man running for President. I do, however, have enormous problems with the fact that he is not the right Black candidate. Give me an Andrew Young or a Wilson Goode, and then not only might you see me cast my vote for a Black man, but you might see millions of White Americans (including Jews) do the same. I doubt you'll buy this, since it is much more convenient to blame racism for Jackson's anyone else for that matter), since there are just as many criticize Jackson and affirmative action programs so you feel justified in calling ME a racist? Not only did you call me a racist, but you even refused to admit that Jackson was in error when he called Jews "Hymies." Unlike the other two letters, which at least raised some valid issues, yours offered nothing of value of any sort, yet you tell me MY article lacked intellectual and substantive Whites as Blacks who support the Palestinian cause. The sentence in which you state that most Jews have problems with Jackson content. because he is Black, therefore, With the way you present stands by itself. What it says is case, I can hardly wait for your Blacks. most dislike that Jews day the when I can inform my You referred to me as a racist. clients that, in cases involving Now, in view of your statethem, you are opposing ment, please tell us who is the Hope to see you in counsel. bigot. court. You also state that my artiLove, cle does not attack Jackson's Hymie program and ideas, but rather is an attack on the man. Here I Response No. 2 must agree with you. My artiDear Mr. Benitez: cle neither purported nor atI wish I could believe you tempted to criticize his platwhen you state in your letter form, except in so far as his that you don't think I'm a bigotry is an essential part of racist, but you've made it imit. Besides, his character made possible for me to do so in for a much bigger target. I adview of the fact that in the very dressed Jackson the man, and next sentence, you go on to say the verdict still stands —guilty. that I don't think much of Since you are so concerned minorities. Why do you think with my failure to address his own incompetence. ideas and stances, let me make You state that I have that? Because I condemned a brief mention of his "qualificademonstrated my contempt man of the cloth who vilified a tions" which, as you contend, and dislike for Jackson and group with different religious and political make him the logical choice people "of color" (after all, if beliefs for President. As a preliminary you dislike one Black man, you preferences? Because I believe must despise them all). This is that affirmative action promatter, by qualified, do you only partially correct. I do, in- grams contribute to selfmean' a candidate who has no political experience? If so, deed, dislike Jackson. As for perceptions of minorities as then Jackson is certainly the people "of color" generally, wards of the state? Because I man for the job. You refer to nothing could be further from believe that such programs Jackson's "record," but since the truth. In fact, besides stand in the way of selfJackson, there is only one improvement rather than prohe has never held public office, it is difficult to see what other person of color who I mote it? Because they allow "record," you are looking at can honestly say I detest—yet minorities to think of when you make such a statethis results in no harm to themselves as "special" groups anyone because your letter who deserve "special" treatment. Jackson has no public record, much less the commakes it perfectly clear that ment? I have disagreed with plimentary one you profess he you are not particularly many people on many difhas. If you are referring to enamored to me, either. I ferent issues, but I've never (if not more) .. Araujo's portrayal of Pro- by Daniel W. Dooher tance and inescapability in fessor Kennedy or other making choices." All too often, 'Lawyers are all right, I Critical Legal scholars as Critical Legal Studies is seen as guess I mean they're all "novices treading unknowingly stating that it all comes down right if they go around saving on our turf," is at best, to choice. Professor Kennedy innocent guys' lives all the dubious; at worst, it is ig- is not saying that the goal of time, and like that, but you norant. Four years as an legal education is to show that don't do that kind of stuff if undergraduate taking a "choices must be made, and you're a lawyer. All you do is number of economics courses that we cannot escape making make a lot of dough and play hardly gives one a right to them." Nothing could be furgolf and play bridge and buy claim the discipline as his turf. ther from the truth. Rather, cars and drink Martinis and Araujo's discussion of Critical Legal Studies is saying look like a hot-shot. And marginal utility (that expen- that for too long, illegitimate besides. Even if you did go ditures by the government for and inconsistent choices have around saving guys' lives and either teachers or high-priced been made, and we can, and all, how would youknow if you weapons manufacturing "will should, bring a stop to the did it because you really increase the money supply facade that nothing can be wanted to save guys' lives or equally and should, within a done about it. because you did it because given period of time, create One who feels that this is what you really wanted to do the same stimulus in the unrealistic, or that it has little was be a terrific lawyer, with economy") makes one wonder if anything to do with that everybody slapping you on the just how much he knows about workaday legal world out back and congratulating you in economics. Economists from there, has a very pessimistic court when the goddamn trial Dr. Friedman to Dr. Gailbraith view of his or her own would provide empirical capabilities as a lawyer. . ?" was over Holden Caufield, from evidence that such assump- Critical Legal Studies seeks to |.D. Salinger's The Catcher in tions are completely ill- show the inconsistencies in the Rye founded. Araujo argues that doctrine and black letter law economics does not operate in from Torts (comparative .. ihe-fact-that 4/aeYtsein-'is a&\ac t noONriotr Mtorfjrlli J984 4 Pickett had the offered as a personal defense, since anyone who knows me also knows that I am not a bigot, but was instead a not utilization of sarcasm to poke fun at Jackson's disclaimer when confronted with his "Hymie" statement. I gave you an article on Jesse Jackson and you gave me one (by way of reply) on Ernest Hollings. I have never (and never will) supported Hollings. Can you say the same about Jackson? Nowhere in your letter do you, state that his remarks (not to mention his "qualifications") make him unfit to assume the Presidency. Are you supporting him despite his comments? Lack of qualifications? You note that in a straw poll, Hollings finished third in lowa despite his "wetbacks" statement, thus implying that numbers of voters in that state supported a bigot while he was in the running. Let me inform you that in the New York State Primary, 80 percent of the Black voters (and about 26 percent of all voters) supported Jackson. Are these voters no less worthy of contempt than those who supported Hollings? Certainly not. Both sets are equally deserving of scorn and continued on page 9 Critical Legal Studies Explores Facade .. - wrong—Miss audacity to not even concede that his remark was uncalled for. Too bad Jackson can't say the same thing. In your letter, you state that it wasn't necessary for me- to make an "up-front disclaimer" to the effect that I am not a racist. You misunderstood my purpose here. My remark was Legal Commentary- Response No. 1 Dear Miss Pickett: In your letter, you state that, since the word "Hymie" (which you spelled incorrectly, since it is a proper noun and therefore calls for a capital "H") is "conspicuously absent" from the dictionary, it is not an ethnic slur. I also have dictionary skills and, nbt finding the word "Leroy" in Webster's "Economics Presents Unabridged, have concluded that it, too, is not a slur. Thus I Possibility Of Refinement in trust that you will not be of- the System" {The Opinion, fended if in the future I should April 4, 1984, page 4) was not happen to refer to the Black one of the finer pieces to apcommunity by that name. pear in The Opinion this past You go on to say (and I school year. Mr. Araujo is you) real conquote that, "[t]he wrong on two counts. First, he cern of most Jews in has no right to claim the their attack on Jackson, who is the most qualified of all discipline of economics as his, the candidates, is the fact that or anyone else's, "turf." Sehe is a Black man." At first I cond, he misses the purpose of thought you were referring to ( Critical Legal Studies by a long ... had to resort to name-calling to make myself heard (at least you called Jackson's remark "unfortunate," though you stopped short of saying he was 1 a vacuum, yet that is exactly negligence evolution) to Conwhat he is proposing. Any tracts (equal bargaining posischolar worth his or her weight tions) to Corporations engages in argumentation. He (business judgment rule versus or she does not present ques- fairness test) to Constitutional tionable discussion and then Law (fundamental rights doctell those in other disciplines trine). Critical Legal Studies to stay off the turf. seeks to show that once the inFar From The Truth consistencies are exposed, to More disturbing, however, is accept them and just stay with Araujo's analysis of Critical a doctrine which is neither legitimate nor consistent is at Legal Studies. Professor Kennedy's "objective" is not best complacency; at worst, it I -'-shedding light on thaJwpor^ is living 4. lie- At .the jjractjcal. then. Critical Legal Studies challenges the prolevel, spective lawyer to go to the boundaries of doctrine to make dynamic legal arguments which go beyond the facade. At a deeper level, Critical Legal Studies seeks to ask hard questions about how American jurisprudence has gotten this far; where it is; and where it should be going if it is to continue to make claims of bringing about justice concomitant with order. This necessitates examination of how our economic, political, social, religious, and moral values af- fect the law. Critical Legal Studies is engaging in logical argument by asking: how did these values evolve; were they legitimate to begin with? Critical Legal Studies is not, nor are its proponents, shoving anything down any "collective throats", as Araujo chooses to sympathetically portray himself and his colleagues. It is simply asking hard questions, which Araujo and those who join him on his turf have failed to answer. Can a school of law which has seen the illegitimacy and inconsistency of doctrine and black letter law teach law soas to continue the facade? The logical, and moral, conclusion is that it cannot. "If a body catch a bodycom- �The Time to Consider ABA Offerings is Now by Rob Turkewitz and Susan a VITA volunteer here at Bufus for further information. Kozinn falo Law School should conThere are a number of ABA tact Mitch Cohen. competitions open to ABA So, what if you don't want to Administrative Judges Law members. The National Appractice Law in Context B.for a School Program is looking for pellate Advocacy Competition living? Do not fret! The schools to conduct actual adis a great opportunity for American Bar Association of- ministrative law hearings. The students to improve their oral fers law student members ideal place is our Moot Cour- advocacy skills. Participants practical insights and extroom. Observing actual addo not submit briefs in the perience into the legal field. ministrative hearings is a great regionals. This competition is The ABA is more than just opportunity to learn about adnot just open to Moot theory— it is law in action! ministrative law, which, in- Courters; however the limit is 2 The ABA offers educational cidentally, is gaining in importeams per school (4 students in seminars, publications and tance to the legal practitioner. all). Last year third-year competitions to its law student However, lend your support students Len Gulino and-John members. In short, the ABA and keep this program in mind. Curran took first place in the If you are interested in coorregionals and came in sixth works for you In the area of tax, there is a dinating this program here at place in the national finals. program called the Voluntary Buffalo or for the 2nd Circuit The Client Counseling Competition deals with an area Income Tax Assistance (VITA) (N.Y.), please contact us. The Disabled Students pro- often neglected by law program. Students are trained by the IRS to prepare tax gram is geared toward the schools —interviewing clients. returns and to recognize tax legal issues of the disabled. This Competition gives problems and resolve them. This program sets out to exstudents the opportunity to However, this program is not pose awareness for the disabllearn and improve attorneyotherwise connected with the ed, to encourage and help client interviewing skills. The IRS. VITA participants assist other law schools, universities, subject-matter of this year's lay persons in the community and society accommodate the competition was "Landlordto prepare their income tax disabled, and to explore the returns on a pro bono basis. problems that disabled Any taxpayer with an income lawyers and lay persons enby Rob Turkewitz of less than$35,000 is qualified counter in their work and in under VITA to receive everyday life. Students who Once we graduate from U/B are interested in working in assistance. This program gives law this area of law, are encourag- Law, we all face the final challenge. In order to achieve students the opportunity to ed to get involved. work in a quasi-attorney-client The Concern for Dying pro- success, it is essential to get on relationship. VITA provides gram explores the legal the right path early in our practical experience to those aspects of death and dying. careers. The path to success students interested in tax law, Members of this program are could be broadened if we as and your participation would scholars in the field and will U/B Law alumni keep in conindicate a deep-seated interest give lectures here at Buffalo tact with the Law School. The to potential employers. FinalLaw regarding* such topics as U/B Law Alumni Association is this ly, program would create "Living Wills", Euthanasia, and our Buffalo Connection. Future employers will favorable publicity for Buffalo other associated topics. always look to what law school Law, the students involved and Anyone interested in the prothe legal profession in general. spect of holding a lecture here we attended. A good reputaAnyone interested in becoming at Buffalo Law should contact tion is therefore, essential, and a strong united alumni is a key Tenant Problems." ABA essay competitions are a great way to expand one's knowledge in an area of law. Students with winning essays are awarded a substantial cash prize and may be asked to present his or her essay before the ABA, all expenses paid. There are competitions in the areas of Environmental, Family, and Health Law. The programs and competitions listed above are only a few of the kind of activities we can have here at Buffalo Law. However, these programs and competitions are only open to law students who are ABA members. Everyone should join the ABA and get involved in activities such as those already mentioned. It only costs $8.00 a year to be a member! I'm confident you will agree that the benefits greatly outweigh the meager cost. Consider further what your membership can do. If you are a law school organization, you may be elegible for ABA matching funds of up to $750 per event and $1,500 per year, if 35 percent of your school's students are ABA members. If we don't take advantage of these funds, law students at other law schools seeking to become better lawyers certainly will. To receive the maximum benefits of your 1984-85 ABA/LSD (Law Student Division) membership, be sure to join before the Fall semester commences. The time to start thinking about joining the 1ABA/LSD is now. If you do not become a member, be assured that you have everything to lose and nothing to gain. The ABA keeps you informed! Don't you think it is time YOU took FULL advantage of your law school education?? Alumni-LiaisonUrges Involvement - Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts 16 Typestyles It Symbols to Choose From Printed to Look like Typeset Or Typewritten Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing Pick-Up & Delivery Available All Work Guaranteed Call Proto-Type — 883-3348 Ask For Randy FROM COMMENCEMENT COMMITTEE RE PROGRAM Some students have chosen not to wear caps and gowns at the commencement program: "Some of the students not wearing the cap and/or gown have made donations to a public service - On Wednesday, April 18 and Thursday April 19 elections will be held to determine whether this statement should appear in the program. *** tive member. The first yearof membership in the U/B Law Alumni Association is free, courtesy of the Association. However, if you don't pay your dues after the first year, the Alumni Association will, as an incentive, send you a cassette tape entitled, "John Henry Schlegel on Article Nine Fixture Filing, 'Don't ask me what it means, I don't know!'" As further incentive the Association will continue sending more tapes, such as Marshall Breger's "The Model Rules of Professional Responsibility and the Reagan Administration" (60 minutes of blank tape) or Schlegel's legal classification of dogs entitled, "What's the plaintiff's bitch?" This year the Alumni Association presented three awards to outstanding alumni at its 22nd Annual Dinner. The recipients were Professor Lou Del Cotto, Harold Price Fahringer (the noted trial lawyer), and Judge Rudolph Johnson (posthumously). All three recipients have unselfishly given much of themselves to the Law School, the profession and the Their community. achievements, and the achievements of other distinguished alumni, are an example of the potential we all have to offer. Let's all join and become involved in the U/B Law Alumni Association and be a part of the Buffalo Connection! PHI ALPHA DELTA Law Fraternity International, Alden Chapter, is proud to announce the TO: CLASS OF 84 organization of their choice." the students themselves. The Association- hopes to conduct more activities through its alumni-directors, who represent the Association outside, in more cities in the future, as it has in the past in New York City. Additionally, the Association will be issuing an alumni magazine in the factor toward increasing the near future which will be sent quality of education and to all its members. This overall reputation here at U/B magazine will be an invaluable Law. By helping to increase the source of information about school's reputation, we are alumni and Law School events also helping ourselves on the and activities. road to success. As the Student-Alumni The Law Alumni Association Liaison over the past year, I atis active and engages in many tended many U/B Law Alumni worthwhileactivities. This past Association meetings and had an opportunity to observe and semester the Alumni Associaget to know some of our active tion helped sponsor the Oneto-One Program and a career- alumni. I am very impressed by panel lecture series. In the fall their dedication and sacrifice; semester it sponsored the they indeed demonstrate a geMoot Court dinner and held a nuine concern for the school, its students, and their fellow Convocation on the U/B campus at which Professor Hyman alumni members. However, in was honored. The Alumni order for the Alumni AssociaAssociation also sponsored an tion to continue benefitting alumni cocktail party in New the school and its alumni members, it must have the supYork City and will be sponsoring a luncheon there this port of all alumni. That is why I spring. urge everyone graduating now, In an effort to communicate and in the future, to join and become a concerned and acwith all alumni, the Associa- WORD PROCESSING TYPING I „ tion has donated money to the Law School, which is being used to help find alumni and establish a better system of keeping tabs on its graduates. The money is also being used by the Career Development Office and will greatly benefit Elections will be in front of the library from 10:00 to 4:00. *»» election of the following members to their respective offices for the 1984-65 academic yean Richard Murphy Justice: Vice Justice: Treasurer: Daniel Marren Randy Donatelli Michael Storck Marshal: James Lagona Clerk: Assistant Marshals: Alan Pleskow Ted Araujo PAD, is looking forward to an eventful and productive year, and invites all law students v 'April 1«, IM4 to join. OpWon 5 �Poetry Corner fplla . pick mv pe aase a at noon pizza p It We g John cas^ WG 8 and j Qt ohv t>Y lecture aa ie n tell Y oU i the Racing in O'Brian / got a 77 Plymouth with a mighty slant 6, needs to get fixed. I got a leather jacket that Everyday I drive down to the school of Law, And everyday I ask myself "What for." Now, Pappa, a Lawyer's what you always Rar R evieW Bar , an d 5 wanted me to be, But a school full of Federalists just ain't the proposa' change k place for me. But summer's almost here an somewhere I'll soon be. else by Victor J. D'Angelo Transferee Moe or we I" r^eV er De A Desperate Plea for a Q 3-hour Class on My Seminar Paper gone Where have all the classes one, What I wouldn't do, Gone to 3-hr classes every What I'd go through, Just to get a lousy Q. I'll work all day, in the library I'lI stay, wont' even play, a game of football if you ask me to. Schaeftler and Deitz, What amazing feats, you can accomplish in 3 hours. Mr. Hyman, sing us a song, long. Your 3-hour class is much too 600 pages you'll have to read, for a 3-hour class, that's more than you'll need. necessity, A 3-hour class is a I wouldn't attempt one, without a strong cup of coffee. by Victor J. D'Angelo Don't give me a D, can't you see, a Q would make me, Really very, very happy. by Victor J. D'Angelo CREDITS You are all the missing pieces Of my jigsaw puzzle— With you I began to see the picture— It was sharp and clear, I loved you. But now the picture's fading fast I can't see it here . Drifting Away. .From N.Y.C. Everything is so big and loud And so proud of itself. Even if it's poor, small And falling down, it yells: I'm wohderful." "Look at me Self-confidence holds it together; Sheer daring pride appears To hold it up alone! like so many ants And the people Wind between its chiseled waits Unaware of the commotion. The ever wailing sirens in their blood They move in time to some chant Without you I don't have all the pieces here So there are spaces — I've lost you And can't remember the picture. — — With the roller-skates and radios The cabs and the grafitti All holding some secret idea, Of outdoing known conceptions! by Andrew Friedman 6 Opinfen April 18, 1984 You sat in the back row, All semester you were the one I didn't know, But everybody else did. With a mouth full of tuna-fish I said hello, The beginning of the semester seems a long time ago, When we met in front of the library. Now you'll get an H and I'll Ret a O; Transferring in must have been the right thing to do. by Victor J. D'Angelo by More on SBA 5° / hear SBA' c W *» 'hats OK "*** " '"*° Andrew Friedman b ther >° "viteyou YOU Come ">«e it'll rain A their pl anni A, l that money s„hlz '° - vain '" M*htas welr JZ7tT °me a r Eve on a rainy " $ " S ~ - s ■ o" * \J �THE 1984 RACE JUDICATA by Cliff Falkl Vedge'sLaw April low m» vpMiJ^i 7 �OUT WITH THE OLD. .. The 1984-85 Editorial Board of The Opinion wishes to extend a fondfarewell to our graduating staff With many thanks for your work and good luck in the future, we say goodbye! Mary Ellen Berger, EDITOR-IN-CHIEF Ray Stilwell, MANAGING EDITOR Wendy Cohen, FEATURES EDITOR .. — Alan J. Bozer, Seth Fitter Kathy O'Hara, Greg Phillips, Anna Marie Richmond, and Jud Weiksnar, STAFF. AND IN WITH THE NEW. CONGRATULATIONS to the 1984-85 Editorial Board! Bob Cozzie, EDITOR-IN-CHIEF Victor R. Siclari, MANAGING EDITOR Ted Araujo, BUSINESS MANAGER Andy H. Viets, FEATURES EDITOR Randy Donatelli, NEWS EDITOR We look forward to a productive year and an increase of law school participation! FEAR NOT, TRUE BELIEVER! If you missed BAR/BRl's FREE introductory CPLR lecture by Irving Younger, you can still see it, still for free in the A-V Department of the library. We have just finished the 3rd part of our 5-part series, all of which will be repeated after finals. For more information, leave a message in Box 132 or contact Tracey Kassman. 8 / JHf" •dhfilks* Victims of Sexual Abuse Can Receive Assistance continued from page 1 dangerous situation. She feels that educating the public to be more attentive and cautious will prevent attacks which are often undefendable once they are initiated. although this is outside the scope of this article.) Myth and Misconception Psychologists have often characterized acts of rape and sexual assault as acts primarily of violence rather than of sex. Despite this assertion, Sullivan Victim Again reported incidents abound Often the fear of death will where the spouse of a victim be enough to cause a victim to will accuse the victim of dresssubmit to the sexual acts of the ing or acting in a provocative attacker; however, the people manner and of instigating the who are closest to the victim attack. Sullivan asserted that are often the furthest from victims of sexual assault do understanding the innot welcome an attack; rather, capacitating nature of this sex attackers are predisposed fear. Sullivan, who is also the to the need to act out violent head of the Sexuality Clinic at behavior. In support of her Buffalo State College, describ- assertion, Sullivan asked, ed the distrust that is often "What about the two-year-old displayed after such an inci- infant or the 80-year-old dent by the victim's closest woman who is attacked, and relations, who question why there are plenty of them, in the victim did not fight off the which sex is merely a tool of attacker. violent aggression?" Even given the most positive response from those close to If You Are In Need the victim, Sullivan explained Three hospitals in the a "trauma syndrome" usually greater Buffalo area are fully follows such an event, equipped with facilities to resulting in weeks of a highly- treat the needs of victims of depressed level of activity and sexual abuse: a period of fear which extends Children's Hospital (if much longer. The inap- under 18 or mentally retarded); propriate treatment that often Erie Community Medical accompanies this natural reacCenter tion merely intensifies and proBuffalo General Hospital longs it. (Certainly the inapThere is also a Rape Crisis propriate treatment often afService in Buffalo which can forded by law enforcement of- be reached by calling ficials must not be discounted. 834-3131. — — — The Black Law Students Association held its elections on April 5,1984. The following people were chosen for the 1984-85Executive Board: President; Vice President Treasurer: Donna Knight William Alford Delano Robinson Community Liaison; Margo Beasley �Bursky Replies to Jackson Supporters continued from page 4 I thank you for bringing the Hollings incident to the attention of those who were ignorant of it, by chance or conscious choice. However, no matter how bigoted Hollings is, it is still no reason to dismiss Jackson's similar statement as an "unfortunate" occurrence. That Hollings is a bigot makes a poor excuse for Jackson being the same way. I share your concern about bigotry, from whatever source it emanates. I never have, nor will I ever, support a racist candidate. I just hope you can say the same thing in November of this year. Finally, I'd like to address your invitation to drop by LANALSA's office to discuss these issues. Forgive me if I'm mistaken, but the overall tone of your letter, as well as your statement to the effect that I don't care much for minorities, lead me to believe that what you offer me is not so much a chance to discuss the issues as it is an opportunity to vindicate myself in your eyes. I, therefore, must decline your most gracious offer, since I feel no need to justify myself to you. If, however, I am in error and you truly desire a dialogue, perhaps we can meet on more neutral grounds than the LANALSA office. Please feel free to drop a note in my box or to stop me in the halls. You can't miss me. I'm the one wearing the white hood. Sincerely, Rob Response No. 3 Dear Mr. Cleary: You state that, "[t]o denigrate a career of public works as hypocrisy on the basis of one remark, to categorize anyone with a few strokes of the pen, is insensitive, arrogant and irrational." You also warned me not to judge, lest I be judged. Well, let me tell you two things. First, I'm anyone, too. Second, I made no bones about the fact that my article entailed a series of judgments. You, on the other hand, chided me for making such judgments, yet your letter was every bit as judgmental as my article. In the first paragraph of your letter, you equate my thinking with a type of neoconservatism, a term commonly used to denote Fascist, Nazis, other right-wing radicals and the like. Were you attempting to bring me personally within this category of people? It would not surprise me, given your Marxist orientation—a philosophy to which you admittedly adhere (as you no doubt know by now, I can hold my own when it comes to mudslinging). Moreover, while your political preference is not in doubt, by virtue of your own admission, mine is, at least so far as you're concerned. This is simply because you don't know what my politics are! Are you willing to categorize me based on three or four articles appearing in The Opinion (none of which, excluding the Jackson article, prompted a solitary reply from any of my fellow students) and one brief discussion I had with you on American policy in Central America? You tell us who's insensitive, arrogant and irrational. In fact, your liberality pales in comparison with mine (I never learned that Marxist philosophy is a tolerant one). The point is, you condemned me for denigrating Jackson with a few simple strokes of as to compel a finding of my pen, yet you did the same bigotry. You, apparently, are thing to me by cleverly linking not similarly inclined. my name to neo-conservative As for your point that I politics, the negative connotafound it "necessary" to deny tions of which are abundantly being racist, I refer you to my clear. response to Mr. Benitez. Read You go on to say that neoit carefully and understand. Let conservative thought holds me also inform you that, prior minorities (ethnic minorities, to submitting my article for women, homosexuals, etc.) in publication, I consulted with a positions of authority and number of people to find out responsibility to a much higher whether it could, by any standard of performance than stretch of imagination, be contheir White male counterparts. strued as a racist one. All What about the fact that socie- agreed that it could not. The ty happens to provide next time, however, that I write minorities with economic and an article, I will gladly submit educational opportunities ir- it to you before turning it in for respective or merit? If publication, so that you can anything, minorities are held to check it for neo-conservative a lesser standard and subject dogma. to less scrutiny than tradiI fully agree with you that tionally favored members of one need not say one's racist society. to be a racist. Additionally, You also state that you one need not say one's a Nazi wouldn't be surprised (who to in fact be a Nazi. Given your would?) to learn that numerous lack of omniscience and presother public figures have made cience (you are so humble!), it similar derogatory remarks is not surprising that you felt about various races, religions compelled to avoid classifying and ethnic groups in private. Jackson as a bigot. Tell me Your argument is the then, why did you not find it equivalent of Jackson's equally difficult to iabel me a defense based on the fact that right-wing fanatic? A possible he was caught {in flagrante explanation comes to mind. delicto), as opposed to the fact From your political perspecthat he was wrong, for calling tive, middle-of-the-road is politics right-wing Jews "Hymies." Furthermore, in making this (fanaticism. Have A Nice Vacation, argument, you have eroded Rob any and all distinction between those who openly display Conclusion their bigotry and those whom That about does it. Ultimatewe can only suspect of harboring such malice. Maybe you ly, the American public will haven't heard, but in this coundecide who is fit to be Presitry and under this political dent. When Jackson loses, we .philosophy, we let people hang will hear that the reason for his themselves. I, for one, am will- defeat can be attributed to the ing to give the benefit of the fact that America is a racist doubt to those public figures country (which is no doubt true who have neither voiced preto an extent). What we won't judice nor acted in such a way hear is that America as a whole » is no more racist than that segment of the population throwing almost all of its support behind an unqualified, bigoted candidate, simply because he is a man "of color." Amen 83-84 Edition Available At last, the 1983-84 issue of In the Public Interest: A Review of Law and Society is out. In the Public Interest is devoted to the exploration of the impact of the law on people and, as the title suggests, society. It is dedicated to presenting articles which examine social, economic, political and historical contexts of the law. Rather than presenting strictly legal analysis, the journal provides a multi-discipline forum for the discussion of the public's legal interests. presently We are soliciting articles for the 1984-85 edition. If you have written a paper (remember your seminars!), essay, article, manuscript, etc., that you would like to submit, contact Sharon Kivowitz (box 594) or Mark Katz (box 413). All interested in joining our editorial staff are welcome. Any and all questions or comments regarding In the Public Interest should be directed to The Center for Public Interest Law in room 118. BUFFALO PUBUC BSfTEREST LAW PROGRAM our Thanks to the following sponsors of the 1984 summer internship program , Mr. Handlebars - 686 Englewood, * Callaghan & Co. Kenmore Bicycles Snow Country publishers of legal practice texts Rochester, N.Y. _ year round spcxts equipment -. Ruby & Son � Frame & Save 245 Elmwood Aye. Buffalo custom & do it yourself v l Endico tt, N V jewelers & gifts / ■— Habitat J picture framing \ IH9 Elmwood Aye. Buffalo contemporary home furnisNngsl DRAWING & RECEPTION APRIL 18th 5:30 Law Student Lounge. All axe welcome BPILP is a not for profit tax exempt corporation. Founded 1979 by law students of SUNY-Buffalo Law School > "*lflteon 9 �New Waves Eurythmics: Sweet Dreams Are Made of This? by Jud Weiksnar into a believer. Maybe that was expecting too much. Or The Eurthymics put on a maybe I've seen too many good concert April Fools' great shows to be impressed night in Shea's. Ann Lennox by this one. The Eurythmics was good. Dave Stewart was are better than your average good. The backup musicians band, but just because Ann were good. Where was the Lennox likes to dress like a great show, however, that man doesn't mean they're in was receiving so much a league with androgynous hype? superstars David Bowie, Technically, the Michael Jackson, and Eurythmics had their act Culture Club. Much of the down pat. However, they audience might disagree seemed to be taking no with me, but why did this chances. The act showed show leave me flat? little spontaneity. They did Maybe I've seen one too all their hits—Sweet Dreams many Sunday night Are Made of This, Here concerts. What's the Comes the Rain Again, problem? Do all the big etc. —without missing a names make Buffalo their beat. If you like the next stop after the weekend Eurythmics on vinyl or video, in New York City? Let's face you'd like them live. it —it's harder for a band,Going into Shea's a and an audience, to get up lukewarm Eurythmics fan, I on a Sunday night. expected to be overwhelmed Maybe I've seen one too by a great show and turned many cloud effects using a permit in the first row. That more of dry ice. What ever happened smacked to innovation? Maybe I've seen one too many planned encores. When the band comes back out with a costume and set continued from page 3 change, you know they were bring students into Collins to going to do the encore all teach. At that time, students along and your applause received informal advice from didn't make a bit of Susan Carpenter and John Lipsitz, instructors associated difference. Maybe I've seen one too with the Prisoners' Rights many uninspiring warmup Clinic, which is no longer in exbands. This one was called istence at U/B. Real Life, from Australia. If The Prison Task Force has they were playing at the conducted an average of eight Continental, I probably classes per semester at Collins would have gone upstairs during spring and fall and danced. semesters of 1983 and spring The Eurythmics did treat semester of 1984. If there is me to one thing I hadn't seen sufficient student interest, before this concert. After the classes may be taught during last encore, Ann Lennox this coming summer. The Task took a full glass of water and Force receives minimal fundoused a woman who had ding through the National been taking pictures without Lawyers Guild to cover students' transportation expenses to and from Collins. Inmates at Collins are taught one introductory class, three classes on legal research skills, one which determines how two classes on legal writing, many new members are to be and two classes on substantive law to utilize the legal selected each year. Brock added that this research and writing skills the proposal is modeled on the inmates have acquired. "Inaffirmative action policies of mates make suggestions regarding the substantive areas they many faculty organizations, which also affirmatively would like to learn," explains encourage applications from second-year student Lois those who are historically Bloom. According to Rynders, discriminated against yet their main interests lie in no provide special criminal procedure, family consideration in the selection law, parole policy, and process to compensate for superintendent proceedings such discrimination. He (Article 78's). Inmates are permitted by pointed out that often there is great opposition to affirmative corrections officials to attend action programs, and less or no the classes conducted by the opposition for affirmative Task Force only if they are action policies, citing as an "model" prisoners. They example when the faculty of receive a "certificate of merit" Harvard withheld all the from the Task Force after comgrades of first-year students pleting the basic research and after the Harvard Law Review writing course. The Task Force implemented an affirmative teachers give homework assignments which they then action program. correct and return so that the Final Resolution or Temporary inmates can learn whether Appeasement? they are on the right track. Brock explained that presently there is uncertainty Seeing Prisoners As People as to whether the problem lies Bloom said she has been inin the lack of participation by volved with the Prison Task minorities and Force since her first year of law racial economically disadvantaged school. "I had never been in a or otherwise handicapped prison before, and didn't exstudents in the casenote pect to get so involved competition, or whether the because I don't want to pracproblem is that these students tice criminal law," states are participating but are not Bloom. "Still, I feel as if I'm meeting the standards set by helping someone by parthe Review. He noted that the ticipating in the program." Second-year law student Review's policy will be continuously reevaluated, and Judy Olin came to the Task that something more in line Force in her first year at U/B with Brown-Steiner's proposal with a decided interest in might be passed by members prison policy. She had served of Buffalo Law Review in the in the New York State Assembly intern program, future. Task Force Report New Affirmative Action Policy added, "It is not a mechanism whereby students will be given continued from page 1 explanation of special circumstances submitted along with the candidate's casenote. If such a factor is determined to exist, an asterisk would be placed next to the candidate's final evaluation score. Only if the score were just below the cut-off point for membership would the candidate be selected for membership. According to BrownSteiner, the effect of the proposal would be limited to only those candidates who are very close to making the Review on the combined score of first-year grades and casenote evaluation, and would not compromise the quality of the Review in attempting to opportunities provide to disadvantaged individuals by a per se consideration based on race, sex or national origin; nor would it reversely discriminate against other competitors. Affirmative Action Policy Brown-Steiner's proposal, however, was three votes short of the required majority vote needed to pass it as an amendment. Instead, the proposal made by Brock, former Executive Editor, was passed and became a ratified amendment. This proposal sets forth a policy encouraging the broadest possible participation in the casenote competition, and representation on the Review, of racial minorities economically and disadvantaged or otherwise handicapped students. This objective is to be achieved by electing a Recruitment Officer whose responsibilities will primarily be to communicate the Review's objective law throughout the community, especially to those programs geared for the historically discriminated. Although Brock's proposal received the support needed for its adoption, Brown-Steiner characterized it as "unlike a traditional affirmative action program" in that it does not alter the selection process. Editor-in-Chief Bill Maffucci 10 Opinion extra consideration in the competition." However, Brock said he made the proposal as "an attempt to reconcile those divergent views and to formulate a policy which will receive wide and continuous support from the membership of the Review" Brock emphasized that this is not an affirmative action program, but an affirmative action policy developed as a result of the presumption that a consensus on Brown-Steiner's proposal would not be reached. Brock did not intend his proposal to be in opposition to Brown-Steiner's proposal, which even he voted for, but only an alternative in case a consensus did not emerge. Brock preferred that his proposal be adopted rather than seeing Brown-Steiner's proposal lose and having nothing in its place. Brock also stated that there are some people who disagree about the merit of affirmative action programs on the basis "that affirmative merely discrimination perpetuates discrimination generally and that society should instead reject all forms of discrimination," and that the programs "tend to stigmatize upwardly-mobile minorities, regardless of whether they have in fact been the beneficiaries of some special consideration." Brock foresaw "endless debates over whether a person was really disadvantaged," and feared that the identities of those individuals would become known and their privacy unjustifiably invaded. He felt that it was essential for a proposal to have the widest possible support to assure its longevity and effective implementation, and that his was such a proposal. By being placed in the second paragraph of that part of the Review's constitution which deals with the structure and composition of the organization, the Affirmative Action Policy amendment's importance is highlighted. The only paragraph preceding the amendment in that section is April 18, 1984 vindictiveness to me than class. animosity Letter. . . continued from page 2 Semitism is one outgrowth of this experience. As Ms. Pickett herself points out, many Jewish people equate sympathy for the Palestinian people with anti-Semitism. Such a reaction may be irrational and unjust, but it is at least an understandable one. Certainly, this is a more viable explanation for much of the Jewish toward under which she visited Rikers Island and Ossining Correctional Facility to investigate prison health care. From the information she garnered, Olin helped draft legislation to create minimum health care standards and to have those standards enforced by the New York State Health Department. "There is a real communication exchange over and above the teaching of legal skills in our classes at Collins," asserts Olin. Rynders echoes this sentiment: "The inmates are not they're numbers, humans— people— that you or I could have known. By working in the Prison Task Force, students can gain a better understanding of themselves and their perceptions of those individuals in prison." First-Year Students Needed First-year student Hanif Abdus-Sabr strongly encourages student participation in the program, which he calls "one of the most viable links between the community and the Law School." Abdus-Sabr heard about the Prison Task Force during his first semester at U/B Law, and saw it as a way to renew the activism he had experienced in his three years as a paralegal at Legal Services in downtown Buffalo. "First-year students shouldn't feel they can't be helpful," claims Abdus-Sabr, who this past semester has helped teach classes at Collins in Shepard's citations, the West key number system, how to brief a case, and how to distinguish cases on their facts. Abdus-Sabr particularly hopes that more minority law students from U/B will sign up with the Prison Task Force. "Given that 80-85 percent of the inmates at Collins are minorities, our program must engage in some image projection. These people have been through the other end of the legal system, and we want to show them that not all lawyers are white, not all students are unconcerned." "It is clear to us that inmates won't learn how to draft legal papers in eight two-hour sessions or less," concedes Bloom. Yet the U/B Prison Task Force continues undaunted in its work of educating and relating to prisoners, and of offering law students the individual rewards of knowing that their extra time can be well spent. Jesse terested in bringing about positive social change, Jackson, in view of his widelyreported "Hymie" remark, and neutral Middle East policy. Instead, Ms. Pickett simply condemns all Jews as bigots. What is accomplished by such a sweeping accusation? It serves only to alienate Jewish people from black people, and to foster hatred between persons who share many common goals. Ms. Pickett's view is reminiscent of XXX literature depicting all Jewish people as Communists. In order to forge a true rain- bow coalition of people in- progressive-minded individuals, many of whom are black and Jewish, must work together on issues of common interest. Differences of opinion should be acknowledged and understood —not explained away with damaging stereotypes. Open dialogue is essential to this end. Unfortunately, I, as a Jewish person, cannot discuss my differences of opinion with one who has already judged me to be a bigot by virtue of my ethnicity. Sim Coldman �...... President's Corner: Reflections on SBA continued from page 2 (notice, opportunity to be heard, etc.). At times, this emphasis can become tedious and our meetings sometimes seem to get bogged down in consideration of non-issues. But I suspect that this occurs to some extent in all law student governments. And it may not be such a bad thing, because managed properly, the result can be more careful, thoughtful decisions. Thus the full context of my statement following our and we're all very proud of you edited by both. passage of the Child Care Center proposal: "We argue and bicker and argue some A tip of the hat to Tony Tor- res, the law school contact person for Jim Long's University Committee for Quality Child Care. Your hard work and detailed preparation were instrumental in the SBA's vote to more, but the SBA does do some good things." Other Good Things Congratulations to Dewette Aughtry and Kathy O'Garra, U/Bs team in the Fredrick Douglass Moot Court Competition at Harvard last month. This was an excellent showing COMMENCEMENT SCHFni l| support the center. Thank you, Tony. Another fine accomplishment is the longawaited, though excellent, In the Public Interest magazine p ever-patient Rich Furlong and Kathy O'Hara. Thanks to Mary Idzior and Erin Peradotto for organizing the many Commencement events that I am very much looking forward to enjoying. Thanks to Anne Carberry and Judi Hastings for putting together the "Spring Thaw" and to Jack Freedenberg for providing the tunes. The Social Committee deserves thanks for the many successful events ATTENTION SENIORS! Commencement Rehearsal Friday, May 11th Moot Court Room 3p.m. Cocktail Party — If you have not had your portrait taken, but wish to be in the class Saturday, May 19th 10p.m. 730 Sheraton East Hotel Walden Aye. at Thruway — - Law School in your work on the disappearance of Filomena Carlos. Judy Olin, thank you for being there when we needed you and for your energy. Thanks to Mary Ellen Berger, Ray Stilwell, and everyone at The Opinion for your work all year long. Thanks to Hayes O'Connor for your craziness and spontaneity: Long Live the Cylindrical Devices! A general thanks to everyone else, and thanks to Sarah Ayer for typing this. Peace. composite, please arrange for a Does it Better, Faster for Less! sitting appointment Commencement Ceremony AS SOON AS POSSIBLE. Sunday, May 20th 10a.m. f ffmMwt of rrmWu Alumni Arena Call Mike Hamm of Serendipity Photo After Commencement Reception at 694-3447. Sunday, May 20th immediately following the ceremony Talbert Dining Hall Talbert Hall Sitting fee: $8.00 Do it today, so the composite - held this year: thanks Jill and and Anne. Thanks to the Finance Committee and Treasurer Rob Sant for the 1984-85Budget, and for your recommendations all year long. Thanks to George Terezakis and Tracey Kassman for being the conscience of the Kathy Bnwt A Hriiuffp Ssmphs Copied ALSO: Posters •• Flyers Brochures • Tickets • Bus. Cards • Letterheads •• Envelopes 1676 N.F. Blvd. won't be delayed! Amherst 834-7046 3171 Main St Buffalo 835-0100 Enjoy some coffee and donuts, courtesy of BAR/BRI! BAR/BRI DISCOUNT DEADLINE ENtfS APRIL 19th! l==lr=lr^r^i^i^ For all 1984 graduates who register with BAR/BRI, there will be a $25 DISCOUNT off the regular course price ! =lr=rr^r^r=Ji^r^r=lr^f^r =lr =lr=li==Jr==lr^r=Jr=Jr=^r=Jr^ For all 1985 and 1986 graduates, there will be similarly a $150DISCOUNT offthe regular course price. n Sign up at the BAR/BRI table by depositing $50 to receive the discounts I m \yj\J/U \Jm M 401 Seventh Avenue. Suite 62 • New York. New York 10001 • (212) 594-3696 April ,IP, 1984, Opinion 11 �BCMS Provides For Dispute Resolution by Craig Shells Given the desire of today's attorneys to settle certain cases without bringing them to trial, negotiating skills play an important role in the conclusion of out-of-court settlements. These skills can save the client, as well as the attorney and others involved, precious time and money. But who teaches "out-ofcourt settlements"? Courses offered in this area at U/BLaw include Dispute Resolution, Negotiations, and Collective Buffalo Consumer Mediation Service offers an inexpensive and effective alternative in resolving disputes between consumers and merchants. A consumer who feels he/she has been slighted in some way will call and complain to the Better Business Bureau, which will then send him/her a complaint form to be filled out and returned to the 888. This complaint is then forwarded to the merchant who responds in the form of ah answer. (Sound familiar?) The 888 then forwards complaints and answers to BCMS, whose role is to "mediate" these Bargaining. Moreover, there is an organization within the Law School which offers practical disputes in order to reach a setexperience in dealing with tlement. "real world" problems. The Our name is somewhat of a misnomer. Although we are called a "Consumer" Mediation Service, our rule is to impartially aid the parties in reaching an integrative settlement whereby both parties can achieve what is most important to them while giving up as little as possible. Mediation begins with a letter sent to each party detailing who we are and what we are doing. Almost all mediation takes place over the phone (although we have held faceto-face mediation with the parties in the presence of the mediator and our advising attorney, RorrCohen). Telephone mediation requires objective and logical thinking combined with a fair degree of patience. Riding the Oyster's Ice Skates And Other Odd Endeavors by Mark Mulholland People do not carry chaise lounges into elevators, and it is not at all clear that they should. After all, chaise lounges, unfolded, take up more room than the average elevator floor plan has to offer size as much as from the lack of a need for shade. Shade is what a linden tree offers, regardless of what color it has been dyed. But linden trees should not be dyed. At this point, even those with gargantuan cephalic indices would probably be useless to the unknown rider. But can one say this? Not without a mouth. A chartreuse linden tree would also be eminently unemployable in the elevator environment; this uselessness stems not from the elevator's of this introduction to the following conclusion. of this Regardless understandable difficulty, it is important to continue. If the reader has ever been marooned, then he has seen a lot of reddish paint. and would, therefore, be rather unable to perceive the relation Hazelnuts, of course, will not grow on the Hawaiian permafrost. Hawaii, of course, has no permafrost. But that does not make the permafrost any better of a place to raise integrity and professionalism. form a community service. These characteristics cannot Next year BCMS may be exbe taught as well as they can panding into some criminal be acquired through on-the-job and family dispute mediation also. So get involved! Watch experience. BCMS is comprised of se- for signs or contact next year's cond and third-year law director Susan Kozinn. students who are willing to Remember, the skills acquired devote two or three hours per through this type of experience week in order to expand their are a marketable asset for any negotiation skills and to per career. Almost Law Review Wins At Basketball by Randy Donatelli Proving that unselfish and intelligently played basketball can emerge victorious over the "schoolyard" version of the game, the Law School champion team known as Almost Law Review captured the University-wide Intramural Basketball Championship with a 54-45 win over the Main Street League champs on March 29 at Alumni Arena. On March 27, Almost Law Review won the Amherst League with a two point victory over a team of scrappy undergraduates. Earlier in the month ALR garnered its second consecutive Law School championship with a victory over Fat Daddy's Takeout. In two years of intramural play ALR is small hazelnuts. The best place is a hazel. Now is that a spurious distinction? Bring this up during your next interview and you will be impressed with the results. As this magnificent undefeated. Larry Regan showed why he assortment of insights spurts to is the most dominant player in a conclusion, one would do as he scored at well to- consider how calming UB intramurals the semifinal and will during its effect has beefr And that is the oyster's ice skates: the final games. Larry put on an excellent display of shooting, regliding slide or clams on ice. bounding and ball handling, and was the team's most valuable player the last two seasons. Recent acquisition Mark Metz played solidly all year and had a great second half in the final game. Guards Scott Segal and Rob Bursky played their usual good games during the playoffs. Forward John Richardson was a defen sive standout and had his best games when they counted most. Captain Rob Bursky headed a squad that was plagued by apathy and absenteeism for much of the season. However, by the playoffs ALR had once again molded together and played well as a unit. The team will miss Regan, who graduates this May, but the rest of the squad Will season to extend their unbeaten streak and defend their championship. The team members of Almost Law Review include: Regan, Metz, Bursky, Segal, Richardson, Randy Donatelli, Gary Kamin return next sky and Andy Fleming. Once is enough! — Some things are better the second time around taking the bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. v\A/y •mill iffiDaaaSSllllllli BRC WITH YOU EVERY STEP OF THE WAY SUCCESSOR TO THE MARINO BAR REVIEW COURSE Eastern Regional Office: 10 Easr 21st Street, Suite 1206, New York, NY 10010, 212-505-2060 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0de6952874685a4d46ba774192bcbc1c.pdf bafb377a521512748330f2e7929540af PDF Text Text THE OPINION Vol. 25 No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 17, 1984 Sant, Gottlieb Compete for SBA Presidency tee, and was a member of the cally, he wants to have agendas Faculty-Student Relations Board. published with ample time beThe Student Bar Association He was also on the Ad Hoc Space fore the meeting so people can Committee which reworked of- have time to prepare and so the (SBA) will hold its annual elecimportant issues will be given space allocations for the stufice on Monday, September 17 tions concern and not treated hapand Tuesday, September 18. A dent organizations. Gottlieb sees himself as being hazardly as they were in the past. table will be set up on the second Another plan of Gottlieb is to floor outside the Law Library able to work with anyone who is both days. There, law students elected. If elected, he plans to in- have a greater distribution of reject more procedure into the sponsibilities among the four will have the opportunity to exerfunctioning of the SBA. "It needs major offices of the SBA. By runcise their vote and elect a president, vice president, treasurer, to be a consistent, efficient and ning on a ticket, Gottlieb hopes well-run organization, unlike the to have elected a coalition of four secretary, and eighteen directors, each student selecting six past," said Gottlieb. "The SBA equal partners working together. directors for their respective has a problem with purpose. "I have too many things that I There were too many long- want to see accomplished," said class only. In order for law students to winded debates on issues out- Gottlieb. "I want them active in side the scope of interest of law the decision-making process. I have a betterideaof whothe canwant four heads working instead didates are and what they plan school." one." Gottlieb sees this as a result of of spondo elected, to the SBA if Gottlieb said that last year the sored a "Meet the Candidates" the election of some students Forum on Tuesday, September who come with one set of goals president had the most respon11, and a Presidential Debate on and who conflict with other stu- sibilities while the other officers dents having opposing goals. He had little. He plans to have the Wednesday, September 12. The deadline for submitting also sees this as a result of lack other officers actively involved petitions to run in the election is of procedure. In order for the such as by sharing the duty of not until Friday, September 14, SBA to become efficient politi- chairing the SBA meetings. and therefore, the names of all the candidates are unavailable at by Victor R. Siclari Student Rights Protection Act Proposed press time. However, the office of president is being vied for by two candidates. Rich Gottlieb and Rob Sant. Following is some information designed to give students a chance to exercise their vote for president based on an informed choice. The first candidate (in alphabetical order) is Rich Gottlieb. He has served as a first and second-year director on the SBA, Chairman of the Rules Commit- Moot Court Competition Commences by Peter Scribner The 1984 Desmond MootCompetition gets underway on Wednesday, October 3, when this year's problem will be distributed to participating teams. The competition, open to all secondarid third-year students, involves both written and oral advocacy. Teams of two students are presented with an appellate level legal problem, on which they must write a twenty page brief and then defendtheir position in oral arguments. The briefs will be due on October 31 and oral arguments will be held the week of November 5. Participants are rated individually on their oral argument presentation and jointly (along with theirteam partner) on their brief. At the conclusion of the first round of arguments (November 7) outstanding participants are invited to join the Moot Court Board, and the best teams begin a "run off" series of additional oral arguments until, by Saturday, November 10, a single winning team is designated. Students interested in further information are invited to an Open House to be held by the Moot Court Board on Monday, September 24. . agement building in January will affect the use of classrooms in the law school. Rob Sant is also candidate for president of the SBA. He served as Treasurer of the SBA last year and was in charge of a budget of more than $35,000. ated with the American Bar AsSantfeels that the budget is an sociation and the New York Bar important concern. "This year Association which provide there will be a $40,000 budget. grants to schools which have a Most of it is allocated but there is a $5,000 carryover from last certain percentage of the students as members. A third option year. I know exactly where the is to have fund-raising events for money goes and what is inthe budget. volved. One of the major probGottlieb also would like to see lems is that 70% of the students the SBA concentrate its attention aren't getting their fair share of on its role in the whole campus. the money. Most of the money goes to clubs and the same He would like to see the SBA inpeople seem to be running the volved in decisions affecting law students. He cites as examples clubs. Although academics are the issues of whether the law important, there is room in the school is going to have its budget to emphasize social acgraduates participate in a unified tivities and athletics." commencement. Another issue continued on page 7 is how the opening of the man- Because Gottlieb feels there is too little money to go around, he would like to put before the law students a referendum to increase the student activity fee in the range of one to three dollars. In addition to this, he would like to see the SBA become associ- by Gail A. Fischer The issue of full right to due process under the law for students is one which has seldom been adequately addressed by civic, university or student leaders. Unfairness in grading, selective enforcement of lines of policy, exploitation of students by professors for their own research and biased allocation of student activity funds are areas where abuses can occur. Whether students have sufficient protection from the vagaries and vindictiveness of deor are partmental rulings pawns of their private academic fates are matters of grave concern. As social institutions become studenthave whorequires airing mented case of former State Uniof a personal grievance? Where versity of New York at Buffalo can he or she pursue receipt of Adjunct Professor and Departrights of due process guaranteed by federal or state law? Can an institution ever convince a client who has been wronged that everything is actually, was or will be, all right? Even supposed subversive groups see their anger and ex- ment of Psychology graduate student Rabbi Morris A. Cohen demonstrates how the non-com- pliant enrollee can be blacklisted categorically and effectively removed (see accompanying article). Not long after his refusal to assist in research on inmates in Attica Correctional Facility which he could not in good conscience condone, a full Veterans Administration assistantship was withdrawn. With a family to support a result of little more than a pro- fessor's negative perception of a student's commitment to a religion, his or her persona or physiognomy. A poor grade can be assigned based upon similar considerations. A person should not lose the right to due process when he or she becomes a student at a school or a university; rather he or she shouldbe guarded against abuses of his person (including his time and skills), property (the cesses sanctioned by an establishment looking for some very functional "safety valve." They academic work which is proare by nature expressive they duced) and from discrimination the let off much of accumulated "steam" rather than being ef- he was forced for financial based on political and religious beliefs. fectively active on behalf of stureasons to give up work on a docThe proposal for a Students dent issues and quality of life. torate he was only two years Rights Protection Act would adhaving of earned. No comprehensive legislation short dress to difficulties arising itself exists which upholds the entitleMorerecently, in Buffalo we've three areas. In state colleges all in controversy witnessed the rethose enrolled acain ment of universities, it would be demicinstitutions to due process sulting from a graduate student's and guaranteed that funds would auincreasingly complex, they must under state and/or federal stat- charges that a Roswell Park tomatically be made availablefor university is Memorial Institute scientist had both multiply and divide their utes. Because the all students to be provided with he published the data powerful any more than of its fabricated functions to satisfy needs in varijournal. Evidence Student Legal Services Assistous arenas. Just as teachers and sections or constituents, there is in a medical Philip Yip's ance. The same monies wouldbe it from seems to corroborate jeoparprevent to nothing professors have it in their conthat he was expelled earmarked for payment of legal dizing the interests of those allegations tracts that they will be given cerexpertise coming from outside of the from the SUNYAB GraduateDiviserve, to whom it was created tain legal assistance by their emthe institution. going sion after at Roswell Park ployer, so organizations must be thousandswho fill its classrooms The law would stipulate that all in with his information public bills. pay and its created to protect students' instudents involved in suits have numer1981. What's more, there are terests. But it should not be forthe right to select their own While greater diversity of perthe by-laws ous clauses the of in gotten that all organs which gensonal style is accepted on college lawyers or advocates. erate from a central institution institution which protect its propThe Student Rights Protection campuses than many places employees policies erty, and are designed to fulfill one purAct would set the limits to which it's still true in society, elsewhere pose the perpetuation of the from the enrollees. that the self-assertive individual staff at an institution could institutionalstructure as a whole. The issue of academic exploiis the focus of discrimination. exploit students forresearch purThere is little wonder that tation by instructors is an old and The occasion for selective encontinued on page 2 those seeking support from stu- a pervasive one. Because a uni- forcement of policy can come as dent councils, undergraduate versity is a corporation trying to and graduate student associa- get more and more money, there tions, their appointed om- is the tendency for "approved budsmen and legal aid clinics harrassment" of students to be often obtain only meager satis- sanctioned by its administration. faction. Such groups are primar- In this case, the students are used ily engaged in a struggle for their to provide cheap laborfor the inown survival, and those who stitution, and because students At a faculty meeting held on Friday, September7,1984, Dean comprise their staffs are subject have so much at stake, they'll E. Headrick informed the faculty of his intention to Thomas to problems of overwork and often forfeit their own dignity to resign as of August 31,1985. In a telephone interview, the Dean overseeing their own limited in- please the pressuring power at confirmed this decision but noted that he would continue to terests. As products of political hand. conduct the duties of his position until a replacement isfound. Too often department politics assignment, they are comproThis news came to The Opinion just as this edition was going mised by their position in the is only a microcosm for thepolitto print. The next edition of the paper will contain more inforhierarchy of a university. ical games played throughout mation on Dean Headrick's decision to resign. What recourse, then, does a the system. The well-docu- — — — — — Headrick to Resign As U/B Law Dean �Federalists Offer Alterative Forum vol. 25. No. 2 September 17.1984 Editor-in-Chief Bob Cozzie Managing Editor victor R. News Editor: FeatureEditor: Business Manager: Slclarl Randy Donatelli Andy H. viets Theodore Lyons Araujo © copyright 1984. The Opinion, SBA. Any republication of materials herein Is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaperof the state university of New York at Buffalo Sctiool of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff ofThe opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from student Law Fees. Composition & Design: words & Graphics, inc. the past few years. The Opinion has been alternately described as being either left-wing or right-wing in its editorial policy. In light of our history, the current editorial board has decided to use this space in this edition to define our purpose and basic policy. The Opinionis theLaw School's newspaper it is produced by, funded by, and read by the student body. Our basic function is to provide the Law School with two things: 1) an accounting of events which have occurred at the school in the two weeks prior to deadline, and 2) commentaries on various subjects. The content of the paper therefore is solely dependent upon you —the students of this Law School. The only reasons for which we edit articles submitted to us is for grammar and libel (the latter which we inform the author prior to publication). No article will be edited or rejected strictly due to its political content. We encourage all students to assist us with our purpose whether it be by writing a news article or a commentary. An additional part of The Opinion has come under attack in recent years that being the section you are reading now, the editorial. What is written in this space is representative of, and only of, the thoughts of the members of the editorial board. We will try to limit our scope of topics to issues directly referring to the Law School. It is not our intent to be confrontational or accusatorial in this space simply for the sake of being controversial. We are not out to get anyone, whether it be student, professor or administrator. Our goal is to raise issues that we view as being important to the present and future of this Law School, and hopefully to elicit some response from the members of theLaw School community. We would like to see reasoned debate over the merits of the Buffalo Model and actions of the Student Bar Association, not mud-slinging and invective. Again, this is largely dependent upon you becoming involved to at least some degree in contributing to an open environment by letting the people here know what you think and why. We do not speak for you you do. Above all, however, we see our primary purpose as providing information to the people associated with this school. 'The Opinion has been accused in the past of being far too true to its name that our pages are filled only with radical opinions which serve no purpose other than to provide writers with a place to mouth-offand see their names in print. Unfortunately we have to admit that this has been, to some degree, quite true (although an examination of past issues will generally show that ourfront pages have been devoted to news articles). We will attempt this year to devote more space to news articles. Nevertheless, this is again dependent upon you. Your contribution can consist of a written news article or even just a message to us that there is something happening which needs to be covered. We will do thebest we can, if you do too. — — — — — SBA Elections For the first time in our memory, several highly qualified people are running for SBA positions at all levels but particularly for the position of SBA President. Our only negative comment is that it will be to the students' loss that only one of the persons running for each of the highest offices will be able to represent us. The editorial board of The Opinion, of course, makes no endorsement of any person for any SBA position. Nevertheless, we encourage you, the students, to find out as much as you can about the candidates and to vote. The SBA allocates your money and deals with the Law School administration for you. Quite frankly, if you don't vote, we don't want to hear from you. September 17, 1984 . . Amendment to promote egalitarianism, adopting a "if we don't, who will?" approach The states are no longer deemed ways. Pver Opinion Nine unelected employees of the federal government exploit their immunity from the democratic process by deciding the fate of the most important social and political issues of the day.. ■ We are constantly told that Federalism is obsolete and that "civil rights" and "social justice" can be achieved only by greatly expanding the scope of the federal government at the expense of the states. Convinced that state legislatures are indifferent to "fundamental fairness," the federal courts use theFourteenth competent to establish minimum drinking ages and regulate the speed of vehicles on their high- Editorial Policy 2 by Randy Donatelli The Federalist Society for Law and Public Policy Studies is an organization of conservative and libertarian law students dedicated to studying and promoting the principles of Federalism and JudicialRestraint.The assertions above are representative of concerns we have about the constant erosion of the proper functioning of the federal system. We believe that judicial activism is support- ing the growth of the federal government, and that this growth is stealing personal liberties away activities for the coming months such as sponsoring debates, noted speakers, discussion panels and films of interest to all from individuals. students. We also welcome as Founded at Yale Law School input from interested stufurther liberal domiagainst a reaction faculty. dents and academics, nation of university politics of the Society's The chapters Society has Federalist the at many law schools across the members range from libertarian nation with its national office in to what might be called neo-conWashington, D.C. Consistent with servative. We pride ourselves on the Society's convictions, each being free-thinkers and we tolerchapter retains virtual autonomy ate and encourage the dissemiover its own affairs. The Buffalo nation of all credible viewpoints; Federalist Society Chapter was the Society extends an open inviestablished a yearago by a small tation to other student groups to group of students determined to engage us in debate. If you are unable to attend our provide an alternative organizaSeptember 20 meeting or would tion for law students truly concerned with the preservation of like more information about The Federalist Society, please conthe federal system. The Federalist Society is tact Tim Jipping (box 662), Chris Bieda (box 575), Art Scinta (box unique in that it is an independent student group. We believe 560) or Randy Donatelli (box 349). that the effectiveness of the organization would be comproI conclude with a passage from mised if subject to the constant the Federalist Papers, a collection ofessays not often found on scrutiny of theS.B.A. A top priority of the Society is to attract new the reading lists assigned to members. We encourage all in- today's student despite 200years terested students to attend our of recognition as the definitive source of constitutional interpenext meeting, to be held Thursday, September 20, at 4:00 in the tation. James Madison, in Fedfirst floor student lounge. The eralist No. 78, said: "The Courts must declare the sense of the Society's meetings always feature lively discourse on the law; and if they should be disposed to exercise WILL instead weighty issues of the day in a reof JUDGMENT, the consequence laxed, informal setting. Currently, we are planning a host of would be the substitution of their pleasures to that of the legislative body." • SBA Urges Involvement by Craig Atlas Law school seems to attract people who have either been involved in student government or intend to run for President of the United States some day, or both. So you shouldn't be too disappointed to learn that the Student Bar Association (SBA) isn't a drinking club, but the law student government. All U/B law students are members of the SBA by virtue of paying a $19.50 fee each semester and are entitled to participate in SBA activities, run for positions on the Board of Directors, and vote for officers and directors. Just as no one really knows what the "Buffalo Model" is, when you have 800 budding constitutional scholars around, no two U/B law students seem to agree on exactly what the true function of the SBA is. The Board meets weekly to approve ap- to committees, pointments spending of money, programs and activities, and various resolutions. All law students are welcome to come to the meetings and to speak. Notice of meetings is posted on the SBA bulletin board in the second floor mailroom, and on the door of the SBA office on the first floor ofO'Brian Hall (to the right of the bathrooms). The Board speaks on behalf of the student body by passing resolutions on matters of interest. Sometimes this can become quite controversial, e.g., last year's resolution condemning U.S. involvement in El Salvador. Many people feel that the most important thing the SBA does is to pass the annual budget, which amounts to about $34,000 this year. Much of this money is used to fund the various student organizations which are chartered by the SBA. Information about joining these organizations is provided at orientation and shortly thereafter. Groups of ten or more law students can also start new organizations. Orientation was funded partly by the SBA and partly by the administration (i.e., by tuitionand state taxes). In addition to funding student groups, the SBA also puts on annual events such as the "Law Revue" talent show, hosts speakers, and sponsors parties. Elections for positions on the SBA Board of Directors will be held within the next week. Each class votes for 6 directors. To run Student Act continued from page I poses, if at all. Tenured profes- sionals who abuse thecivil rights of their clients would be subject to the same prosecution as any other citizen. There is no reason that academic freedom has to result in academic tyranny. Not only are many enrollees denied help through the standard instruments of student advocacy, but often through their attempts to press for rectification by private means as well. An individual's demand to be listened to, to be practically assisted, is all too often disparaged and routinely ignored by those who hold authority in school systems, colleges and universities. And the worst aspect of the bias of schools toward self-protection and against those who fill their classes and coffers is that any challenge to their power is resisted by official silence. A Student Rights Protection Act designed to safeguard the well-being of our technicians, professionals and scholarsof the future will not be debated, approved by public vote and implemented any time too soon. for a director position, you need to turn in a petition signed by 10% of the students in your class year. Any law student can run for the SBA office of President, VicePresident, Secretary, or Treasurer. This requires the signatures of 10% of the entire law student body. More information about the election, and petition forms, are available from the SBA. In addition to elected positions on the Board itself, there will be a number of openings on committees. Student members oflaw school committees are selected through an interview and appointment procedure. Committees of the SBA itself are generally made up of any interested volunteers. You don't have to be on the Board to be on a committee. Some committees rarely meet; others are very active. For example, the fact that you are now reading this article means that the Admissions Committee Editor's Note to the Readers: The decided to give your application preceding article was published the "thumbs-up" sign. in the Thursday, June 28, 1984 Your degree of involvement is edition of The Buffalo News. It up to you, of course. While relawas reprinted with the permistively few people hold elected sion of the author. Anyone who SBA positions, most law stuwould be interested in composdents at some time get involved ing the text of a law capturing with at least one of the chartered thesentimentsof the authorand/ student organizations or comorpromoting theconcept among mittees. Just about everyone student leaders at the state-wide goes through Orientation and level is encouraged by theauthor Commencement. It may seem a to do so. The author can be conlong way off, but after 3 years of tacted through The Opinion. "Q-ing out", they let you graduate from this place. So, Editor's Note to the Author: This whatever your opinion of the school does happen to be fortuSBA may be, it's bound to affect nate enough to have an organizayou while you're here, and to tion. Group Legal Services, give you something to talk about which will provide legal assistother than Bea Plaintiff or Rob ance to students. However, it is Remedial. limited in its funding. — — �Meanderings: Cross Country Traveler Recounts Experience by Andy H. Viets to hit the road. It's always nice seeing them for a couple of days Editors' Note: At the close of (especially since it's free), but I classes last semester, Andy H. can feel paradise beckoning me Viets set off on yet another ofhis forth. I am soon back on Incross-country ventures for his terstate 80 heading west and adopted homeland Santa Bartransversing the great (and bara, California. This column is seemingly endless) plains of the first of a two-part account of lowa. I stop for the night at that — his summer's "meanderings." — May 18 It is a dark and rainy morning. Actually, it's worse than rain. It's starting to snow. I thank whatever gods there be that I am getting the hell out of Buffalo, which even at this late date in the year remains a frozen waste land. I make my way onto Interstate 90. It rains through New York, Pennsylvania and Ohio all the way to Cleveland. On the other side of that immortal city, the sun comes out, the temperature hits ninety-five degrees, and the humidity starts draining most of thefluids out of my body. I soon hook up with Interstate 80 which will lead me to Chicago and the first of several stops at thereal hotspots in this country Crystal Lake, Illinois. This is the first of my twice a year visits to my brother and his family. I catch them on the way out to California and on the way back to New York every year. I hope that next year it will just be on the way out. — — May 20 After a couple of days with my brother, sister-inlaw and nieces, I am again ready second hotbed of the American Midwest Council Bluffs, lowa (don't knock it—forfourteen dollars I get a motel room with a bed, a black-and-white television, a kitchenette, and even a — bathroom). May 21 — Once again I am on the highway, this time making my way through Nebraska. A — thought hits me what better tape to put on than Springsteen's Unfortunately, "Nebraska?" though, I do not have that tape, so I have to settle for Kansas' "Point of Know Return." Geo- graphically I am about a hundred miles off, but hey, that's rock'n'roll. At the end of the tape, just for fun, I tune the radio to an AM station to listen to the hog and soybean reports for awhile. For lunch I stop at one of the hoppingest towns in all of Nebraska North Platte where there is a pretty good McDonald's I know. After putting away a Big Mac and fries, I am back in the car driving along Interstate 80 which I soon exit for Interstate 76 which will take me to Denver a legitimate city. I stop for the evening just before I hit the Rocky Mountains. — — — — It is morning. The May 22 mountains stand before me in all oftheir power and glory. This will be my third trip through this part of the Rockies in less than a year, but I think that regardless ofhow many times I take them on, the feeling will always be the same wonder, ecstacy, pain, pleasure. I stop several times to get out of the car to look around and to say over and over again: "Oh wow, the Rocky Mountains." Other travellers stop and do the same. We soon break into a stirring rendition of "The Hills are Alive with the Sound of Music" which would make JulieAndrews proud. Driving on, however, the sensation ceases as I roll into Utah. The less said about that state the better. It has got to be one of the most — — — May 27 San Diego is nice, but my Garden of Eden is calling me. I get back in the car for one last extended period of driving. Less than five hours later, I am there. TheSanta Ynez Mountains are on my right. The Pacific Ocean is to my left. Santa Barbara is directly in front of me. A sensation returns which I had not experienced since the previous May 23 I am on Interstate 15 January I am once again tonow, heading south through the tally laid-backand mellowed-out. desertsof Nevadaand California. I am at peace with myself and It is hot and windy, but I am getwith the universe. I am "home." ting closer and closer. My body is already beginning to feel betNext Edition: Andy's summer ter. My mind is clearing. My first sojourn in the sunshine state destination in this incredibly continues as he takes on the awesome state is San Diego to California legal system with the see my sister, her husband, and biggest and baddest law firm in theirtwo kids. This cross-country all of Santa Barbara. venture is nearly complete. — — Buffalo Offers Cultural Sites by Lisa M. Roy to do that is by taking a walking United States in theWilcox ManSo you have made it into one tour of downtown. The tours sion and the Mansion's exhibits of the finest law schools in the begin at the Wilcox Mansion, 641 depict the history and events of country except it's in Buffalo, Delaware Avenue, and cover the that time period. The Mansion is open Monday through Friday New York. At least that's what Allentown area, Delaware Av5 p.m., and many of you are thinking as you enue, downtown. Main and from 10 a.m. contemplate spending nine North Pearl. The cost is $2.00 and weekends from noon to 5 p.m. dreary months in the blizzard you must make an appointment While on the subject of capital of the northeast. Never by calling 884-0095. museums,. Buffalo is host to fear boys and girls. There are lots While you are waiting to go on many other fine exhibits. The Alof things to do in Buffalo and all your tour, check out the Wilcox bright-Knox Art Gallery is world within a law student's budget. Mansion. Not only is Buffalo fa- renowned for its collection of Get to know the city while the mous for snow, but the city was modern art. It is located at 1285 weather is still nice. A good way the Presidential inauguration site Elmwood Avenue across the velt became President of the of Theodore Roosevelt. Roose- street from Buffalo State and is open to the public free of charge - U/B Violates Rights of Ph.D. Candidate by Gail A Fischer A case has gone unresolved for years in which charges have been stated against StateUniversity of New York at Buffalo per- sonnel for violation of laws at both state and federal levels. One-time Adjunct Professor in SUNYAB's Religious Studies Department Rabbi Morris A. Cohen was the subject of an effort to have him expelled from that school's Clinical Community Psychology Program in 1969and also, he said, of a character assassination attempt during the later 19705. "Living in a society where the State provides all the lawyers to defend the faculty against the students and the students can't be defended against those who may hurt them, is frightening. A person should not lose the rights of due process when he or she becomes a student at a university," Rabbi Cohen said in a recent interview. His problems began in the spring of 1969 when Ph.D. candidates in the Psychology Department's Clinical Community Program were given the option to write their own preliminary examinations. While several students handed in their final statement of choice past the deadline, Rabbi Cohen said his was rejected on the grounds thatit was late. At the same time it was revealed to him that members of the faculty were questioning his good standing in the program. To this date he said he has never been told who those accusers were, nor has he had access to complete files documenting the criticism lodged against him. Rabbi Cohen explained, "I had absolutely no idea who my accuser was. I never had a platform to investigate the issues from. What was dealt was an attack ad hominem—on me personally — rather than an investigation of Indeed, Rabbi Cohen had been the issues." accepted into the program with Earlier in 1969 Rabbi Cohen full acknowledgment that he also had refused to cooperate with worked in service to the commuClinical-Community Psychology Professors Edward S. Katkin and Murray Levine regarding theirresearch on inmates at the Attica Correctional Facility. They had wanted him to contribute his expertise in the use of projective techniques to their critical study of the New YorkState Penal System. Rabbi Cohen, who was supporting a family of four, believed the request to be in conflict with his own interests as well as those of the men incarcerated in Attica. By challenging the motivations professional and interpersonal— of his superiors. Rabbi Cohen jeopardized his own well-being as the recipient of a Veterans Administration Assistantship. spread controversy The throughout the department and came to involve many others in graduate psychology study, who took the opportunity to raise student rights issues. A committee was formed by the Psychology Department Student Association and chaired by PDSA President Charming Johnson to debate the case because of the awareness that an unjustified campaign was underway to have the Rabbi ousted from the Clinical program. An accusation made against him was that he demonstrated limited commitment to psychology because hisoutside employment and family obligations competed for his time with graduate study. While it is true that during the first years of his attendance at the State University of New York at Buffalo Rabbi Cohen held part-time positions elsewhere, it is also true that such necessary arrangements are not unusual, and are commonly practiced by tenured faculty throughout the University. — — desolate, ugliest, and hottest places on the planet. After having driven through it several times now, I can definitely see why they used to use theplace as a nuclear testing zone. I stop for the night at Beaver, Utah, just one more of America's dynamic metropolises. I am twenty-four hours from paradise. nity. An investigation led by Professor Leßoy Ford cleared Rabbi Cohen of all alleged concerns. In a letter to him dated June 19, 1969 Levine referred to Ford's findings, explaining, "There was insufficient hard data to warrant a recommendation that you be requested to leave the program." But because a stipend was no forthcoming, Rabbi longer Cohen was forced for financial reasons to withdraw from SUNYAB, thus forfeiting the Ph.D. which he was less than two yearsaway from having earned. The matter might have remained closed were it not for the use of the same dossier of materepeatedly denied to rials Rabbi Cohen and which Levine's own letter invalidated to incriminate him nine years later. Employed as a school psychologist. Rabbi Cohen had been openly challenging the policies of Buffalo Public School Superintendent Eugene T. Reville as well as protesting non-receipt of back pay to which he is entitled. He stood alone in declaration of his conviction that the students of Buffalo were being routinely railroaded into programs which failed to either remediate or educate them, often administered by individuals with insufficient credentialsin theirappointed fields. In early winter of 1977 theBuffalo Board of Education solicited Rabbi Cohen's entire file located at SUNYAB's Psychology Department to be used as evidence against him in a case involving testing of a retarded student. a consultant for the Levine Board of Ed since the late 1960s —provided testimony which it was thought would result in the — — — Tuesday through Saturday, 11 a.m. 5 p.m. and Sundays, noon to 5 p.m. The Science Museum and Historical Society also sport - Rabbi's termination from the Buffalo Public School System. fine collections. The Science The Board and its collaborators Museum is on Humboldt Parkfailed in their efforts and Cohen way and is open daily from 10 was completely exonerated by a a.m. 5 p.m. Admission varies panel of judges from the New from $.75 $1.00. The Historical Society is housed in the only reYork State Department of Educamaining building left over from tion. Both Levine and then Psycholthe Pan American Exposition. Loogy Department ChairmanKenneth cated at 25 Nottingham Court, W. Levy had been issued subthe museum is open Tuesday 5 poenas on December8,1977askthrough Saturday, 10 a.m. ing that they appear with records p.m. and Sunday, noon to 5 p.m. on the former graduate student Admission varies from $.50 to before the panel at a hearing $1.00. scheduled for early December Both the Historical Society and 12, a Monday. Both men sent the Art Gallery stand on the edge Rabbi Cohen a copy of that subof Delaware Park, home-to the poena on Friday the ninth cerBuffalo Zoo. The Zoo is open tain not to reach him or his from 10 a.m. 6 p.m. and offers lawyer Robert Clearfield over the camel and elephant rides. weekend and in time for MonBelieve it or not, Buffalo is one with identical of the only industrialized cities to day's hearing statements of where and when have a wild life preserve within the city limits. It is called Tift they would be bringing the information. Farm Nature Reserve, located at Citing the Federal Privacy Act 1200 Fuhrman Boulevard. Open of 1974 in a letter to Rabbi Cohen daily from 9 a.m. 5 p.m., Tift dated March 7, 1983, SUNYAB Farm has many hiking trails open Dean and Professor of Law to nature enthusiasts and bird Thomas E. Headrick wrote that watchers. Tifts offers a changing "federal law prohibits invading array of summer and winter privacy of any student" including events such as hayrides and "identity of whether an indisnowshoeing. For more informavidual is a student." However, tion, call 896-5200. the record indicates that no disFinally, if theater is your pascussion of whether to reveal the sion, there is still time to visit file on Rabbi Cohen within the Artpark this season. Located in Department was ever held. LetLewiston, New York, on the Niagters sent to the defendent in 1983 ara Gorge, Artpark combines fine from Professors Joseph Masling, theater and art in a unique and Ira Cohen and Katkin all confirm sometimes spectacular fashion. that none were informed that a Call the box office at 754-4375 or former student's records had 694-8191 for a listing of evening been subpoenaed, also that none performances. While the season had given their permission for ends soon at Artpark, thecurtain that dossier to be released. is just about to go up in Buffalo's Levine and Levy were asked to theatre district. September 21 is pull the personal file of a previopening night and includes a ous student and present it .in a three-act extravaganza attracting court of law as representatives nearly 10,000 people. For further of a group of individuals, the information contact: Dick BeSUNYAB Department of Psychol- zemier at 856-1290 or Ed continued on page 7 Williams at 847-0430. - - - — - — - September 17, 1984 Opinion 3 �... by Cliff Falk I Vedge's Law Poetry Corner . . . by Victor J. D'Angelo Placement July '85 seems a long way away, I can't believe I'm in school before Labor Day. I gotta get a job, we all know that's true, I'll have shipped out 100 resumes before September's through. Hey Audrey, can you please place me, Can you find someway to hide my 'D. My New Locker Those of us in the third year class. Finally, at long last, got big wooden lockers. They gave me one, on the second floor Not far from, the library's secret back door. (The damn thing's too small) 4 Opinion September 17, 1984 Yeah, I can't even fit. My three ring binder in it, imagine trying to stick in a winter coat. Of course, I'll keep it though, Cause I gotta show I made it to the third year. Welcome Back Dean Headrick, I haven't seen you, How was your summer, What did you do? You know they'reteaching animals and the Law, Roll over boy, give me your paw. You know there's meters where I used to park my car, Now I gotta walk ten times as far. What a wonderful way to welcome us back. �The Opinion Recruitment Party . .. September 17,1984 Opinion 5 �Vedge's Law . . . by Cliff Falk Vedge's Law . . . by Cliff Falk 6 Opinion September 17, 1984 �Summer Intern for D. A. Violates Model Code by Pudge Meyer I went home this summer, home to Carson County. After three weeks of prodding by my old man, I got off the lawn chair to set up an interview with the District Attorney's Office. I wore my old man's tie, my brother's sport jacket (in violation of CDO) and my neighbor's deck shoes. I happened to find a pair of pants and shirtof my own. I shook off the cobwebs, got dressed, and headed uptown. First thing I noticed when I walked into the office was Camille, the receptionist. And boy, was she Sorry, wrong story. She offered me a seat and asked if I'd like a cup of coffee. I said yes; cream, no sugar. I hate coffee. I sat there for a while. Three cups later I was directed to a certain door. "Knock and enter" I was told. I thought that only happens at the dentist. I entered, shook hands with a man, and remained standing. Assistant DisAttorney (Hereinafter trict A.D.A.) Clift let me stand for two minutes as he glanced over my resume. Then he too offered me a seat. As he shuffled papers I had time to study this man, this A.D.A. He had an imposing brow and a green plaid jacket. Weird thoughts ran through my head. What if I was the only applicant? What if I got the job? — To break the ice and mend my ego, Clift started the interview by referring to my personal interests. "And just how long have you been building midget stock cars, Mr. Meyer?" I told him that, well, I've never really built one, but I hoped to get around to it real soon. He jumped to athletics. told him yes, play tennis very well. He said one of the A.D.A.'s plays every day. "I can beat him," I blurted out. He said that the office was looking for someone who would beat him. We then engaged in some legal small-talk before he sent me to another door. By this time felt I had the job, so I walked in Iand sat right down. I was looking at Phelps, another A.D.A., and what a mustache. He got right to it. Here was a man who at a relatively young age had mastered the art of cutting through unnecessary niceties. "Crenshaw, the other A.D.A. Can you whup him?" "Shit yeah," was my reply. Then I remembered my old man telling me to always use the King's English. "— I mean. Shit yes." That was all he needed to hear. "You start Monday." ill. Monday morning, 8:45. I walk into the office of the District Attorney himself, Mr. Jergens. A boyish face on a white rhino. Even when he jokes the plants in his office turn away. "SO YOU'RE STEVE MEYERS," he roared. "Yes sir, that's MEYER." If the old gang could see me now, I thought to myself. Who would've believed there would come a timewhen someone would call me "Steve." Mr. Jergens introduced me to the secretarial staff. They seemed nice enough;- but with one exception, they were all old enough to be my older sister. I said my hello's and got right to work. I found myself assisting the prosecution on an attempted rape and assault 2nd. The A.D.A. assigned to the case: Crenshaw. There we were in the middle of the trial. Defense counsel, a Buffalo alumnus, had finished her redirect. The Judge enquired as to re-cross. "If I may have a minute, your Honor," asked Crenshaw. He turned to me. "I have about a half hour's worth. I can do it now, or we can wait til to11. morrow. What do you think?" I cleared my throat. "I would be I accepted the position on con- wise to immediately attack some dition that I get my own air-conof the misrepresentations made ditioned office. I got it. I also got by the witness, instead of letting an advance on my salary and desuch falsehoods sink into the posited it in the MEN'S SHOP at minds of the jurors overnight. If SEARS. It was enough to buy one you wait until tomorrow, you'll shoe. lose the impeaching effect.". I I — S.B.A. Candidates Sant and Gottlieb Propose Reforms continued from page I As a comparison, Sant points out that the Dental School has a $5,000 social line while the Law School, with a larger budget, has only $1,800 in their social line. Sant feels that more students would receive a return on their activity fee if more money was allocated for things like TGIT (Thank God It's Thursday) parties. Sant also saw a lot of abuse last year with the phones in the SBA and the copiers. "There were five computer sheetsof unclaimed bills which the SBA paid for," said Sant. "There has to be greater security. Just as the phones were turned off, so were the copiers." Sant cites some of this abuse as a result of people abusing their privileges and not looking out for the best interest of the students. When Sant turned off the phones and copy machine, he did it with the best interestof the students at heart. He did it on principle and after a cost-benefit analysis. Sant uses the same method when he votes. "I didn't vote to please anyone or to make political friends. I feel I am a well-versed person in school on the issues and speak for the majority of the school when I vote." For example, Sant said it was for this reason that he opposed granting the Buffalo Public Interest Law Program money so they can pay students. He offered to make it a referendum but it was refused. Sant is also opposed to the SBA passing resolutions ex- Buffalo Law Review Names New Members The Buffalo Law Review is pleased to announce its associates for the 1984-1985 school year: Peter J.Alessandria Margaret C.Abate Ann M. Baker Christopher J. Bieda Brenda Bland Mary Anne Bobinski David P. Chapus Mark Cramer Quincy Cotton Brian G.Hart Karen Hassett Cheryl L. Johnson Joan M. Kuechle Ross P. Lanzafame Ruth A. Lund Timothy G. McEvoy Karen McMahon Stuart Mermelstein Ann Patterson Kristin M. Preve Terry M. Richman Dianne Russell Caroline Silk Sheila Skojec Martin Tyksinski Karen Vance Mary E.Virginia MichaelWhelan These people were selected upon the basis of theirfirst-year grades and evaluation of a casenote submitted after a competition last semester. "But it's already 4:40P.M. Will be home by 6:30 for dinner... " Crenshaw looked away as I spoke, and he stood up. "If it "What?" "I figured we could play tennis pleases the court, I'd ask for an adjournment at this timeuntilthe when we got out of here." "Gee I don'tknow. We won't morning due to the length of rebe out ofhere until 5:30,and then cross examination." To be continued... I have to change, and I have to you be around afterwards?" — C.D.O. Schedules Practice Interviews The personal interview is an Also, please come to the workimportant part of the hiring proshop dressed in your interviewcess. In order to help students ing attire. After your resume, develop some perspective on the your appearance is an important event and provide some inter- factor in an employer's impresview experience and feedback, sion of you. the Career Development Office Finally, students who sign up will conduct a series of Practice for the Workshop must be willing Interview Workshops. Although to take an active part in it. it is currently limited to second Whether being the interviewee and third year students, it is or an observerof an interview seCDO's goal to open the Workquence, you must be willing to shops to first year students. discuss your reactions, opinions The program will consist of small groups of students (not more than 5) who will be indi- vidually interviewed by an attorney or third-year upperclassman. Each interview will last about 5-10 minutes and be videotaped. The tape will then be played back, reviewed and discussed by the interviewer, interviewee, and other members of the small group. The interviewers will usually be attorneys from the Buffalo area. In many cases, they are members of their office's inter- viewing team. Upperclassmen who will be serving as interviewers will be third-year students who have had a summer associate position and/or substantial interviewing experience. Because we are trying to make this interview as realistic as pospressing political sentiments. sible we are also requiring that "People feel they have a right to you provide us with a copy of make a political statement which your resume at the time you sign they deem representative of the up for a slot. The resume will be students," he said. "I don't feel given to the interviewer in adthis is their perogative. I pur- vance. posely walked out of a meeting to lose a quorum so the SBA couldn't pass a political resolution." If elected President, Sant would like to see a promotion of placement and the school's image, something he feels go hand in hand. "Locally, attorneys know U/B has a good image, but outside, attorneys think of it as a good school but not ranked as high as claimed. We have to convey that we are doing a good thing." Santfeels this can be accomplished by greater alumni contact such as utilizing alumni luncheons to their full extent and sending The Opinion to alumni and other schools. Sant also would like to see the SBA get back to basics and deal less in politics. "People in the SBA last year were adverse to me because I refused to make political friends," said Sant. He cites as an example, the selection of members for the Finance Committee which hechaired. Instead of allowing all thirteenapplicants to sit on the committee, the SBA felt it was necessary to limit it to eight. By doing this, Sant felt the SBA turned away students interested in getting involved, especially some first year students who may have sensed a futility in trying to participate on the SBA their student organization. In closing, Sant said, "The job of SBA president has great potential and I hope either candidate will exploit those possibilities." — and make recommendations. If you would like to participate in a Practice Interview Workshop, please stop by CDO to sign up for one of the available slots.The scheduleof the initial workshops is as follows: — — Sept. 18 3:00 p.m. Interviewer: Barbara Kavanaugh, Tuesday Wednesday — Neighborhood Legal Services — Sept. 19 4:30 p.m. Interviewer: Paul Weaver, Jaeckle Fleischmann & Mugel Tuesday Sept. 25 6:00 p.m. Interviewer: Virginia Sietz, 3d-Year Student Summer Intern, Migrant Legal Action Program, — — Washington, DC The practice interviews will continue into November. Dates and times will be posted in the CDO office, Room 309, as they become available. : :'; : CDO also will continue with its One-on-One Attorney Program, which gives students a chance to meet with an attorney for a day. More information about this program will be forthcoming. Actions of Psychology Department Questioned continued from page 3 ogy. Yet the two reached their decision to act in response entirely on their own. In doing so, the pair appear to have violated federal law in offering such immediate and unquestioned compliance to a State subpoena. "The sociology of the faculty of the University requires that students should have legislated protection against this kind of arbitrary and hierarchical action on their part," Rabbi Cohen maintained. "They had their own kind of kangaroo court." Documentation shows that Levine, who finally testified before Professor Alice Grant and the State Education Department panel on January 2, 1978 perjured himself during his appearance on that date. His statement "the faculty would have dismissed him" (although he himself wrote that there "was insufficient hard data") and similar comments support this allegation. Rabbi Cohen said, "Here in this case is proof that institutions have connections with institutions and they can conspire together against an individual." He has had suspicions of an administrative cover-up since. In letters sent in early February, 1984, he requested that his personalrecords and other pertinent documents be made accessible to two Buffalo journalists. Edward Katkin, Professor and Chairman of the Psychology Department, wrote of his discomfort "in taking responsibility for opening up your personal files to 'strangers'" in spite of Cohen's explicit desire, expressed in writing, to have those named read them. Response came from SUNYAB Vice President for University Services Robert J. Wagner on March 8, 1984 corroborated by SUNYAB PresidentSteven B. Sample on March 23 determining that Cohen's "records will only be made available — — to you, not your agents." It must be noted here that this was the first time that Rabbi Cohen was givenpermission to view his own file in fifteen years of repeatedly asking to see it. Rabbi Cohen believes because there are probably many cases similar to his,.some documented and others unrecognized, it is important that a specific plan of action be advocated by student governments and organizations. He expressed a fear that "There are times when fighting for your rights in the University ends up in your being just 'dead right." September 17,1984 Opinion 7 �Pudge's Corner: The Jaeckle Center For Champions Galore by Pudge Meyer High atop on Pudge's Ledge I look upon everyone who enters the library. The first week of school traditionally places an apprehensive look on the faces of first-year law students. But this year I noticed something different. It seemed like all the students had a perplexed look. I asked myself why. Thenit hit me. Pinklon Thomas is a heavy- .. weight champion. I ran to the nearest mirror — STATE AND LOCAL GOVERNMENT LAW The Jaeckle Center seeks to improve the quality of its involvement in state and local government issues. As part of this commitment, the Center is considering inviting state and local government leaders to meet informally with students at brown bag luncheons (12:15 p.m.. Faculty Lounge, Room 545) on a regular basis this fall. Before inviting these guests, it is important that we have an indication of student interest and availability. Kindly complete the questionnaire below and place this in the box available in the mailroom or twelve rounds. Sebastian Coe would be laughed out of town if he were heard to say, "Yeah, but can Carl Lewis run the mile?" Pinklon's jab found Whitherspoon's face all night. Strange thing, considering Holmes couldn't do it. No one is going to give it to Cleo, Room 319. QUESTIONNAIRE seriously contend that Pinklon has the better jab. Tim just didn't want to fight. 1. I would be likely to attend these luncheons (please circle) biweekly He seemed very unenthusiastic. When he got the urge to throw more than one punch at a time, — Thomas. He earned his fight with Whitherspoon, and he beat him. Maybe we should call him the Whitherspoon Champ instead of the World Champ. I guess I just had trouble accepting Whitherspoon as champ in the first place. Only with guys like Don King can you have a fighter like Whitherspoon lose to Holmes and then become the Champion a few months later. Thomas is a swell fellow. He really is. No lateral movement. I'm glad he got a decent payday. No foot-speed. I hope he becomes a good role model. Average hand-speed. He really is a success story. Punches with the arms instead of from the shoul- der. I wish him the best of luck. Please, Pinkton stay away from Holmes. — not interested . Unlikely to attend N.Y. Congressional delegation (available M,F only) N.Y. State Assembly (M, F only) Key officialsof state agencies County or City Legislators County Attorneys City or Town Attorneys City, County Dep't Heads __ ___ 3. Indicate here any specific subject matters of interest you would like to see as the focus of a meeting: 4. Indicate here any specific persons you would like to have the Jaeckle Center invite: Law School Athletes Show Superiority by One L. Sec.ll As the Major League baseball season is coming to an end, the lead and maintained the lead for the rest of the game. There were University's CenterfielderJoel Schechter was Resmick, leftfielder John Fora little unhappy with the team's mica, first baseman Tracy Harname. However, rightfielder Will rienger, and third baseman Keith Zicki pointed out that at least it Fabi. is descriptive. The team is very confident that Before the game started, John it will reach the playoffs and win Wooding of the undergraduate the Intramural Softball Title. "We team asked, "You guys are law felt that as law students there students?" Law school pitcher was no way we could not win the Kevin O'Shaughnessy replied, game. If we saw that we were "Yea, we're nerds." Intramural some excellent defensive plays particularly from shortstop Rick Fall is just beginning. In the law school spirit of always wanting to be represented, a group of first year students entered a team. The squad, better knows as One L. Sec.ll, dominated a supposedly tough undergraduate team by the score of 8-0. At the start, the One L. Sec.ll team jumped out to an early 3-0 Softball season .( going to lose, we would just argue ourselves a win," stated team captain Brian Bornstein. PASS WITH PIEPER N ID m 10i 8 fl 05i (0 The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. ; #9 ! I John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 S OCS I i c _ bimonthly Likely to attend — he occasionally landed which talk about looks! Think about suggests that had he decided to Thomas that... Pinklon mix it up a bit more, he might Anyone who saw his bout with have won. So much for suggesTerrible Tim Whitherspoon tions. He didn't throw, he didn't knows of course that Pinklon did move, he didn't defend. He stood win the fight. I grant him the vicright in front of Thomas all night. tory; I just can't get over the conIt seems like Whitherspoon took sequences. Wilfred Benitez' course on how Terrible Tim fought more like to forget to be a fighter. Tiny Tim. This was not the same I really don't mean to knock fighter who almost beat Larry Holmes last year. In that fight his crab-like defense rendered Holmes' jab ineffective. He counter-punched effectively, and should have laid Holmes to rest in the eighth round. He lost the decision, but won respect. Enter Pinklon Thomas. Nice man. And wouldn't it be nice if he became Champion. It makes a great story former drug addict opts for the straight and narrow, turns his life around, and we know the rest. There's only one problem: He's a mediocre fighter. We'll never really know what happened to Whitherspoon. He did come on in the later rounds, he might have won. But the fight was twelve rounds. A camp with any brains has its fighter train and prepare a fight plan for monthly 2. I would be interested in meeting with people involved in the following areas: I > < L EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: 0 c Joseph D. Coleman Penny Rubin Deborah H.Williams _S 8 Opinion September 17, 1984 Richard Eric Gottlieb Richard Schaus ) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5d6a2ee7e6e7807c440fcb6c8b439d0c.pdf f5fbc73735c86826454cab1708108d1c PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 25, No. 3 September 25, 1984 Dean Headrick To Resign But Will Stay On As Professor by JerY H Stem Dean of U/B Law School, Thomas E. Headrick, will resign from his present position effective August 31, 1985, but will remain here as a professor on the time to change," Headrick explained. Headrick cited as the major accomplishments of his administration an improved, innovative faculty, an expanded clinical program, a burgeoning academic reputation and the development dence. Headrick first informed the faculty of his decision at a meeting earlier this month. of both the Jaeckle Center State and Local Government Program and Baldy Center for Law and Social Policy. Looking Back at Accomplishments Dean's Future Plans Faculty of 'Law and Jurispru- Clearly satisfied with the state of the law school after an eightyear administration, Headrick now feels the time has come for him to step down. "The average tenure for a law school dean is somewhere between three and four years I think I'm getting close to that point when to stay ... much longer would be to stay too long," said Headrick. "The problems no longer seem as important because you've seen so many of them before, and you begin to take people and situationsfor granted. That's not a healthy set of attitudes for a dean and at that point I think it's He emphasized that he has no plans to leave the law school after his resignation as Dean. "I love this law school. I think it's probably the best law school in the country in which to teach and I have no intention of leaving I'll just stop being Dean and start being a professor." Headrick expects to teach courses in public policy-making and property law, although that decision ultimately will "be up to . the new dean." Selection of a New Dean Declining to speculate as to who the new dean may be, Head- reluctant to reach a final decision until he could assess the impact on the law school of the appointment of a new University Pro- vost. The subsequent designation of rick stressed that he would "stay out of that (the selection) process completely." Although expressing a willingness to talk to candidates "about what the job entails and about the things that are important and special about this law school," he emphasized that he would in no way interview or evaluate them. "I don't think I should be involved in the selection of a successor," he said. Factors in Deciding to Resign Dean Headrick's decision to resign does not come as a surprise to the law school community. Last January, after returning from a sabbatical at Oxford University, he indicated to the faculty and The Opinion that he was considering resigning at the end of the 1984-5 academic year. At that time, however, Headrick was law school faculty member William Greiner as University Provost facilitated Headrick's decision to resign. "If there had been a provost who was new to the University and new to dealing with law schools, then I probably would have made an assessment whether it was important for me to stay on a little longer than I had anticipated," Headrick said. But since Greiner was selected, "I did not have the problem of having to educate the provost about law school and legal education, and I guess in that sense it made it a little easier for me to think about leaving at the end of this year," Headrick explained. Future of U/B Law School Currently the Headrick Administration is working to further close the gap between the law school's high quality and somewhat lower reputation, and also to step up recruiting in response to declining applicant pools. continued on page r> 1984 Desmond Moot Court Competition To Begin on Wednesday, October the Third by PeterScribner The 1984 Desmond Moot Court Contest will begin next Wednesday afternoon, October 3, when this year's problem will be handed outto participants in the Moot Court Room. The contest, open to all second and third year students, involves teams of two students each writing a brief and arguing orally on a hypothetical appellate court case. The participating teams have a month to submit a 20 page brief on the issue, and thenargue before "moot courts" made up of local judges and attorneys. This year's issue, written by a committee of the student run Moot Court Board, involves an appeal to the United States Supreme Court. Three lower court opinions set the legal background of the case, and the "writ of certiorari" presents two basic issues for appeal thus allowing each team member to concentrate on one issue. The brief writing teams may choose to argue either side of the controversy. The briefs, due October 31, are judged anonymously by Moot Court Board members, and represent 40% of the total contest score. Although the problem itself will remain a secret until October 3, the problem writing committee claims it will be "exciting" and "contemporary". Last year's question involved a pregnancy discrimination issue. The 1984 problem should be even more interesting, according to committee members, and participants will learn a great deal from researching the controversial and emotional questions presented. In order to help participants withthe novelty (and the anxiety) of the moot court experience, a board member is assigned to advise each team. The advisor cannot help with substantive issues, of course, but can provide moral support and help with questions on appellate writing and arguing techniques. Advisors often set up practice oral argument sessions to prepare their teams for the actual competition. Teams may also submit to theiradvisor a preliminary outline of the issues involved a week after the contest starts and a rough draft of their brief a week before it ends. This encourages participants to avoid procrastination, and also lets the board know if any team has dropped out of the contest. Previous moot court contests have been plagued by reports of cheating by unscrupulous par- ticipants attempting to monopo- lize research material. Cases and articles were found cut or ripped out of library books, and whole volumes disappeared. Students caught cheating face not only disqualification from the contest but academic sanctions as well. including the possibility of expulsion from school. In any case, the current Moot Court Board has gone to extreme lengths to make such attempts at cheating useless. Great quantities of all relevant materials have been photocopied and are available for quick . of the legal process, and the Moot Court system is designed to help students practice this required logical dexterity. possible for only one team member to be appointed to the board. About thirty second year students will be appointed to the board. Third year students, who may participate in the contest and can enter the final rounds, are not eligible for the Moot Court Board. Following the preliminary round of oral arguments, the eight teams with the highest scores are chosen to compete in replacement of any missing a series of elimination rounds. sources. Cheaters, therefore, will Quarter finals will be held on Mary Aramini, director of the gain no advantage over others in Thursday, November 8, semi fi- Moot Court Board, strongly enaccess to resources. nals the following night, and the courages all students to particiThe oral argument portion of final round on Saturday after- pate in the Desmond contest. the contest begins Monday, noon, November 10. All oral ar- Success in the contest or apNovember 5. For three nights, gument sessions, including the pointment to the board is of over a dozen classrooms will be preliminary rounds, are open to course an honor and a "resume turned into temporary court the public. First year students enhancing" event; but all parchambers, with five member who may be interested in participants will gain valuable expanels acting as Supreme Court ticipating next fall are especially perience in legal reasoning and Justices. The panelists, many of encouraged technique. And while moot court to attend. them UB Law School alumni, are Sometime in November, new contests involve a great deal of judges and attorneys from the members of the Moot Court work and no small anxiety, the surrounding area who have vol- Board are selected, based upon excitement of the competition unteered to participate at their scores in the contest. Teamcan be intoxicating. As Ed own expense. mates are jointly scored on their Markarian, assistant director of Each team will engage in three brief, and judged individually on the board, put it, moot court is separate one hour oral argument oral arguments. It is therefore "the sport of law school". sessions; one each night. Each team member will argue one of the two issues presented, and the panel of judges will score each participant separately. Most interestingly, at least one of the sessions will require the team to argue "off brief"; that is, to take the opposite side from the position taken in their brief. The abil- SBA ELECTION RESULTS ity to argueeither sideof an issue forcefully and convincingly is one of the unique characteristics inside — page 3 �vol. 25, No. 5 Commentary on New York's New Seat Belt Law September 25.1984 Editor-in-Chief Bob cozzie Managing Editor Victor R. Siclarl NewsEditor: Randy Donatelli Andy H. Viets Feature Editor: Business Manager: Theodore Lyons Araujo Staff: VictorJ. D'Angelo, » by Robert Marc Bursky New York's controversial seat belt law, effective January 1, 1985, has aroused the ire and indignation of civil libertarians who contend that it violates one's constitutional right to privacy. Not surprisingly, court action has already been .commenced by interested parties in JohnK.Lapiana, Pudge Meyer O copyright 1984. The Opinion, SBA. Anyrepublication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion Is published every two weeks during the academic year, it is the student newspaper of the State university of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarilythose of the Editorial Board or Staff of The opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinionis determined collectively by the Editorial Board. The Opinion is funded by sba from Student Law Fees. composition & Design: words & Graphics, inc. The Opinion would like to extend congratulations to those law students who were elected to an office in the Student Bar Association, as well as to those students who did not succeed in their endeavor because, after all, they did show the interest and dedication to get signatures for petitions and provide competition the allimportant competition which makes a democracy viable. The SBA affects every law student in this school just by the simple fact that they have the authority to collect student activity fees from each one of us. A check on this authority is provided by the competition in the elections since it reminds the officers that they were not appointed and do not have a fait accompli. However, the check on authority cannot end with the results of the election. Students must continue to participate in the SBA and voice their (dis)approval. They must continue to ensure that the student activity fees are spent efficiently. This can be done by joining a committee on the SBA. These committees would welcome the external participation from the student body and do not require an election to join. More important, the committees most often initiate the actions which the SBA later votes upon. Therefore, the input of committees can be vital to the success or failure ofthe SBA to respond to the students' needs. Another mode ofrepresentation and means of making the officers ofthe SBA aware of student needs is through the media. The Opinion is an ideal forum to express your viewpoints on any subject relevant to the law school or our education, as long as it is not slanderous or libelous. Used correctly, The Opinion can provide a means for the minority to let the majority know of their likes and dislikes. It can make the student body aware of what your concerns and needs are. Since too many people are interested in their own welfare, The Opinion can let them know that there exist other people who have wants. Unfortunately, there has been apathy on the part of the minority to write articles about their interests, organizations or opinions. The Opinion is a student paper for the students. The editors and the staff cannot cover every story or event that takes place in this law school. At best, we try to cover what we feel affects a majority of the students. The Opinion is not a special interest publication and therefore does not devote its time exclusively, or even primarily, to minority concerns. Again, there occurs the dichotomy of majority-minority. However, that does not mean that The Opinion will not publish an article or story submitted to us if it concerns an organization dedicated to a limited objective or class of people. In fact, the purpose of this editorial is to encourage such groups and organizations to let The Opinion know about what is happening in your organization, what events you are planning, what concerns you have, or on what you think would be money wisely spent. "Freedom of speech." "Freedom ofthe press." These are expressions and constitutional principles that have been repeated for as long as our country has been in existence, but they have not lost their relevance or importance. So if the next time you pick up a copy of The Opinion, shake your head and say, "Where's the beef?" you only need look in the mirror to encounter where the problem lay. Opinion S«pt«mb«r 25. 1984 What is Its Value? "... The State Legislature worth or lack thereof. There can be no other justification for a law of this type and to date its sponsors and proponents have had the good sense not to contend otherwise. The problem with this line of reasoning is that it measures life quan- — 2 In effect, this legal provision states one of two things: your life The underlying value of this legislation is the preservation of life. It will diminish fatalities; therefore it is a good law. Whether in fact this is the case is of no consequence to its public You Are The SBA What is Its Effect? an attempt to enjoin enforcement of its provisions. While the law's constitutionality may be a matter of legal argument, one thing is indeed certain it makes for terrible public policy. — Editorial: wear a seat belt or reject the same. What I am saying is that since this law does not protect individuals from each other, but rather from themselves, it treats people as means to an end, not as ends in themselves, thereby subtracting from a quality of life which can only be experienced through the exercise of autonomy. titatively, to the exclusion of quality. Now I am not contending that people would rather die than give up their right to autonomous action deciding whether to has sacrificed soundness ofpublic policy to political expediency..." is more important to the state than it is to you; or the state knows better than you what you want, and what you want is to wear your seat belt so that you can be fruitful and multiply. If it be contended that the former is indeed the case, as evidenced in the government's right to force you into military service, the argument carries with it its own refutation. In wartime, the state is compelling you to risk your life, not to save it. Additionally, the duty here is one that is owed to your neighbors and fellow citi- zens, as opposed to one that you owe to yourself. This is also why the seat belt law is not analogous to legal provisions against drunk driving, running stop signs, red lights, etc. Regarding the latter, it cannot fairly be contended that the usurpation of one's right to autonomous behavior is essential to the treatment of him as an end in himself, through the preserva- tion of his life. Life may be an end in itself, but not because you tell me so. Rather, it may be an end in itself if I so choose it to be, and denial of the fundamental opportunity to exercise choice, of necessity, results in me being treated as a means. What is the Result? In enacting this law, the State Legislature has sacrificed soundness of public policy to political expediency and a chance to reaffirm New York's national image as a progressive state. One can only hope that this law will go the way of many laws that attempt to protect people from themselves; out the window via a finding of unconstitutionality or down the drain by virtue of its impossibility of adequate en- forcement. Sixth Annual WNY Conference On Law and Public Schools by Robert Lehrman on lawyers and will not move without professional advice." Muck said a lawyer attends every School administrators and board members met Saturday Lake Shore Central school board morning, September 15, to dis- meeting to assure the board is cuss recent legislation and court acting responsibly with respect public to its legal duties. affecting decisions The Lewiston-Porter school schools at the Sixth. Annual Western New York Conference district also needs a lawyer at on Law and the Public Schools. every board meeting. The bill for Several attorneys who special- their legal counseling runs beize in education law spoke to tween $3,000 and $15,000 a year, about 55 administrators and depending upon whether they go board members attending the to court. Edward DeVantier, a conference in Baldy Hall. Those Lewiston-Porter school board in attendance came to the confer- member, said 90% of what the ence to get an overview of school board does is proscribed changes in laws affecting the by law. He said the local board has very little flexibility. public schools. A big problem is that "the State Norman Gross, Deputy Counsel of the New York State School comes up with mandates, but Boards Association, gave a brief doesn't always give the districts the money to implement them," introductionto 32 of the most important laws that will begin af- DeVantier said. His district's limfecting public schools this year. ited finances make it difficult to For example, one new law requires all public schools with driver education programs to emphasize the dangers of "substance abuse." Phillip Muck, Lake Shore Elementary School principal, said "school districts rely heavily comply with those mandates. DeVantier acknowledged that the state can also be helpful. He said his district appreciates the New York State Education Department's development of a curriculum that is uniform throughout the state. Moot Court Competition To the Editor: ' Moot Court Board. In addition to awards for the first and second On behalf of the Moot Court place teams, five brief and five Board, I invite all second and oralist awards will be presented. third year law students to partici- TheAwards Banquet, sponsored pate in the 1984 Desmond Appelby the Alumni Association, will late Advocacy Competition. The be held on Saturday, November problem will be handed out 10th, following the final round of Wednesday, October 3. Briefs are the competition. due on October 31st and the oral This is a tremendous opportuarguments are scheduled from nity to sharpen writing and oral November 5-10th. advocacy skills. We urge Following the competition, everyone to participate. Mary E. Aramini second year students will be invited to become members of the Director, MootCourt Board The University of Buffalo Law School provided assistance to the sponsors of the conference. continued on page 7 Lawyers' Association Seminar On Saturday, October 27,1984, theNewYork State Trial Lawyers Association will present a seminar entitled DECISIONS at the Sheraton Inn-Buffalo East on Walden Avenue in Buffalo. The seminar will review and cover all the cases thathave been reported in the past year that affect civil trial litigation. Taught by law professors and trial lawyers, the morning session, beginning at 9:00 a.m., will cover the topics of new legislation, disclosure and discovery, evidence, trial practice, and general obligations law contribution and indemnity. From 12:30 to 1:30 p.m. there will be a luncheon, followed by an afternoon session discussing products liability, damages, municipal liability, construction accidents and motor vehicle liability. Attendance by law school students is encouraged, especially those interested in the field of trial litigation. The registration fee of $95.00 for non-members of the NYS Trial Lawyers Association and $75.00 for members will be waived for all U/B students. The only charge would be $10.00 for attending the luncheon, but there is no obligation to attend. To register for the seminar, and for further information, stop by the Career Development Office, Room 309. — �Meanderings: Paradise Revisited: The Law of Santa Barbara going to like working at this place. June 8 I am taken out to — by Andy H. Viets Editor's Note: As he reported in the last edition of The Opinion, this past May, Andy H. Viets successfully journeyed cross-country to spend the summer in his adopted homeland Santa Barbara, California. He now recounts his experiences working as a summer associate with a California law firm. — — May 31 I have been in the sunshine state for a week now. I call the law firm I am going to be working for this summer and speak to the partner who hired me to let him know that I am in town and will be coming to work Monday morning. He says that's beautiful and notes that since no one in the office ever shows up before 9:00 that I shouldn't get there any earlier than that. I think that I am going to like this place. June 4 I enter the building on East Carrillo Street in downtown Santa Barbara which houses my firm. I take the elevator up to the fourth floor where the receptionist tells me to have a seat. I do so. The office manager comes out to greet me. She shows me around and introduces me to all the attorneys and secretaries in the office (there is a total of about 50 people who work here). It will take me weeks to remember all of their names (except for the cute secretaries their names I ingrain on my — lunchfor the thirdtime this week. If this keeps up I won't have to spend much on food this summer. (It doesn't keep up.) I finish my first week of work having written a couple of memos and doing other small pieces of research for various members of the firm. Everyone tells me to have a nice weekend. June 10 My little sister graduates from the University of California at Santa Barbara. You — know you're getting old when your "little" sister is old enough to graduate from college. June 14 Work is going well — as is life on the homefront. I am living in Isla Vista, which, being situated next to UCSB, is your basic student ghetto. I am subletting an apartment two blocks from the beach. I am ten miles from downtown Santa Barbara, but Freeway 101 runs just seven blocks from where I work so it only takes me about fifteen minutes to get there (rush hour in Santa Barbara means slowing down to fifty-five miles per hour). June 18 As I begin my third week at work, I come to realize that this is where I would like to spend the rest of my life. Santa Barbara is the most beautiful city — in the world. It actually looks like it belongs here. The Court House (which is a block from the office) is just awesome. The architectural style isi>panish as is most of the city. Behind the Court House is a sunken garden where mind). I eat lunch a couple of times a Next comes a meeting with the week. State Street is the main attorney who is to be my imroad going through downtown. mediate superior. He informs me It consists of numerous small of some of the firm's standard shops and cafes. When I have — operating procedures: At least twice a week a few of the lawyers in the office take two or three hours for lunch to play basketball. After work on Thursdays everyone is expected to go down to the beach and play volleyball. I am then introduced to the office lounge which contains, for everyone's drinking pleasure, gone out to lunch, I haven't had to go to the same place twice. From my office I have a view of both the mountains and the ocean. Talk proud all you want just keep talkin' to Buffalo — June 25 — I have settled into a proud all you want to. fairly regular routine at work. It is very, very nice having a secrecoffee (decaffeinated), iced tea, tary type everything for me. and fresh squeezed orange juice. What I can live without, though, At this point I know that I am is her laughing at my "Noo Yawk" accent while she's typing my dictated memos. I tell her that since New Yorkers were here first we don't have accents Californians do. She doesn't buy if and keeps on laughing. July 2 After a month at work I have written a number of — — memos, complaints, contracts and other legal documents. I have come to realize that the most important course you take in law school is research and writing. It is nice getting paid for it, though. July 7 I broke my sunglasses playing volleyball last Thursday so.my little sister and I go out to K-Mart to get me some new shades. She picks a pair out for me that are mirrored. She says they look really "hot" (this is Californian for "cool"). When I wear them I can't see a goddamned thing, but shit, do I look — "hot." — July 13 A heat wave has hit Santa Barbara: the temperature is in the 80's and the humidity has reached the unheard of level of twenty five per cent. The natives are wilting. I tell them to try New York this time of year. They say no thanks. So do I. July 16 —The United States Olympic Track Team is conducting practices on the UCSB campus. I watch Carl Lewis stretch out for half an hour. July 19 The Olympic torch passes through Santa Barbara right in front of the Court House. Everyone who works downtown congregates to watch a slice of history run past us. We all applaud as the torch goes by. I think it's really "hot." July 28 The Games begin as the?<"Opening Ceremonies are conducted in Los Angeles. Some — — This is Andy's backpack which journeyed to Santa Barbara with hint There are parades, music, danc- ing, and lots of Mexican food. Some cynics define Fiesta as a five-day period when a bunch of white people pretend they're Mexicans. Others claim that it gives Santa Barbara a fourth summer tourist attraction to go along with Memorial Day, the Fourth of July, and Labor Day. As far as I'm concerned it's as good an excuse as any other to do some serious drinking. — August 2 Today is the day of the big Fiesta parade. Even I get a bit cynical about this one. The Fiesta parade consists of a bunch of wealthy white people, who, while pretending they're Mexicans, get to ride theirhorses up State Street. I have no serious problems with this, though my firm gives us the afternoon off so that we can watch the — — parade. The Olympics are August 4 half over. I have to admit that I am having trouble getting overly excited about the Games. It just of the athletes are staying at UCSB, part of which has been transformed into a mini-Olympic Village. You can't get anywhere isn't the same without all those near the place, though a triple godless communists kicking the fence has been built around it shit out of us. Personally, I am and armed are rooting forthe Canadians I like guards — — everywhere. August 1 — Fiesta begins in Santa Barbara. Fiesta is one big party that the city throws the first weekend of August every year. their national anthem. August 5 To close out Fiesta, a symphony is being conbehind the Court House. A couple of times a year, I pre- — ducted tend that I am a cultured individual and go to a symphony. Today is one of those times. The best part is that it's free. August 10 There are several demonstration sports in the Olympics this year, one of which is windsurfing, the events for which are being held on East Beach in Santa Barbara. Windsurfing consists of a surfboard with a sail on it and a person trying to ride it out on the ocean. It was the Los Angeles Olympic Organizing Committee which suggested that this be a demonstration sport for the 1984 Olympics. It is this sort of thing, of course, that has given California the reputation it has as the bastion of space cadets. — — August 12 The Games end. What's worse is that I have only a week left in paradise. August 20 This is it. The car is packed. This gets a little harder every time. After spending the last two summers in California, I have become aware of a certain truth: The three most significant things in life, in no particular order, are sex, drugs and rock'n'roll (though admittedly I occasionally have difficulty telling the difference among them). No matter, I get in the car and leave, for it's time to shuffle off — to Buffalo. SBA Vice-President Tony Torres SBA President Rich Gottlieb SBA Election Results President Rich Gottlieb Rob Sant Marc Garber Vice-President —211 Tony Torres —182 Bill Blasi — Secretary Treasurer Gina Peca Margot Bennet Tim Merideth Defeated Presidential Challenger Rob Sant — — 269 —114 16 30 Steve Cordovani — — 252 Lisa Roy —128 Jeff(Slug) Kadushin 15 —— 35615 September 25, 1984 Opinion 3 �Political Commentary: Random Thoughts On Our Political Process by Randy Donatelli Platform Politics Presidential elections provide a timely opportunity for the writer, who normally is not opinionated, to enter the realm of political commentary. The following random thoughts address issues pertaining to this year's election. Conventions and Primaries It is time to reconsider the tradition of the political party convention as a prime time event. Six months of primaries is sufficient to determine the nominees in fairly democratic fashion. However, it has rendered the conventions boring, contrived and obsolete. The primary system actually handicaps the Democrats in the general election. The voters in primaries consist of a disproportionately high percentage of the party's activists resulting in a nominee who has been chosen by a sampling of voters far to the left of Democrats as a whole. This leads to substantial cross-over to the Republicans by conservative Democrats and should help the G.O.P. win its third landslide victory since 1972. In recent elections the Democrats have simply failed to nominate their most electable candidate. Although Mondale is the nominee, the polls have indicated several of Mondale's competitors for the nomination would have stood a better chance of defeating Reagan in November. women and created a gender gap. The fact remains that, in an absolute sense, women prefer Reagan to Mondale. The gender The proposed constitutional amendment to make the District gaps belong to Mondale; he of Columbia a state for the purpose of representation in the trails both men and women votwide margain. House and Senate appears on ers by a Conclusion: the gender gap is the Democrat's platform. This would guarantee the Democrats a trendy phrase coined in the It an additional two seats in the spirit of wishful thinking. will take more than reflex-induced and Senate one in the House. The accusations claiming Reagan is amendment is a direct contradiction to our federal system and is sexist to persuade women that they have no alternative to voting merely a tool of political expediency. Equally poor is the plank on the G.O.P. platform that would exclude those who are not "prolife" from appointment to the federal courts. Both propositions display an ignorance and indifference to federalism that should not be ignored by the electorate. Fortunately, platforms are not strictly adhered to in practice. The dynamics of the political process usually dictate party ideology. The Myth of the Gender Gap We have heard much about the gender gap recently. The conventional wisdom says Reagan's policies are damaging to women and that many will defect to Mondale/Ferraro. The most recent polls showed Reagan with an 11 point lead among women. So, where is the gender gap? Reagan's lead among male voters is 20 points. From this difference it has been hypothesized that Reagan has alienated . Democrat. Presidential Politics: The New York Vote Governor Cuomo's executive order requiring certain state agencies to distribute voter registration applications can hardly be called a non-partisan gesture, Secret Service and Buffalo police officers had prohibited all placards held aloft by sticks from the immediateD'Youville College area where the President was scheduled to speak. In addition to electioneering, Reagan was in Buffalo to dedicate the Santa Maria Towers, an apartment complex for the elderly, directly across the street from the small Catholic college. According to the Secret Service John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 E£RLY REGISTRATION DISCOUNT UNTIL DEC. See Your Pieper Rep: Opinion September 25,1984 by John K. Lapiana What Happened to "Freedom of Speech?" The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. 4 Reagan Visits Walking between cordons of Buffalo policemen and trailed by as the Governor has claimed. For a swarm of Secret Service example, as Cuomo is well agents, national and local media aware, New Yorkers who obtain celebrities, and oogling area, applications at the Department of politicians. President Ronald Social Services are almost cerReagan made a three hour whistain to register Democrat. The tle stop in Democratic downtown Governor's reputation as a rising Buffalo on September 12th. star among Democrats will deWhile arriving to lecture on the pend heavily on whether Monvirtues of public and private secdale/Ferraro carry New York in tor cooperation, it was a group November. of determined U/B law students Carter/Mondale lost New York taught the President and his who in 1980—including a Reagan vicsecurity forces a lesson on the tory in Ferraro's district. A defeat First Amendment. in the Empire State this year Teddy Roosevelt described his would be disastrous for the foreign policy as to "speak softly Democrats. The deck is stacked and carry a big stick." The U/B against Reagan in NewYork. The students, with a little delayed emergence of Cuomo and Ferhelp from U.S. District Judge raro should prevent another ReJohn T. Elfvin, defined the rights publican victory here in 1984. of activists at presidential election rallies as "speaking loudly and carrying a big stick." PASS WITH PIEPER Joseph D. Coleman Pennyßubin Deborah H.Williams Deficit spending has long been a policy of liberals, yet a principal Several points must be raised k campaign tactic of the Demowith respect to the federal deficit. crats is to attack Reagan on the The Republican's reputation as current state of the budget. Deover a constitutional the party of fiscal restraint has bate been severely tarnished in light of amendment to balance the the hugh deficit. Although much budget would reveal the true adof the blame rests with a Con- vocates of fiscal responsibility. gress dominated by liberals for Many states have provisions in many years, the G.O.P. has an their constitutions mandating obligation to vigorously pursue balanced budgets—why not the measures designed to substan- Federal Government? tially reduce the deficit. Hugh Deficit is No Myth Richard Eric Gottlieb RichardSchaus 1, 1984 Buffalo from- Guerra that signing the order was redundant since the Secret Service agents were leaving, Elfvin still autographed the order, which made "null and void" any regulations prohibiting signs on poles during Reagan's appearance. Although his order is binding only within his Buffalo jurisdiction, Elfvin speculated that his reasoning may be used as precedent by other judges. Presidential Protest Outside of the courtroom, too, U/B students made themselves heard. Pockets of them could be found in almost all areas cordoned-off for the President as well as in front of the near-by Connecticut Street armory and the park area adjacent to the college. Often the President's speech was punctuated by chants of "Four More Months" and "Ronald Reagan is no good, send him back to Hollywood." But, for the most part, Reagan remained unfazed, only once acknowledging the protestors by interrupting his prepared speech to ask "Is there an echo here?" While the President's talk dealt mostly with the nation's commitment to the elderly and the relationship between the public and private sectors in funding various community projects, he occasionally took swipes at his Democratic challenger Walter F. Mondale and praised the "met- tle" of Buffalonians. "What a wonderful tonic it is regulations, as a precautionary measure, all signs on poles are to be in Buffalo with America's prohibited from areas where the finest," he said. "We are deeply President speaks. However, patriotic Americans committed Judge Elfvin said such regulato making tomorrow better." tions violated the freedom-of- Reagan reinterated his commitspeech amendment and the Sec- ment to "reduce spending and ret Service cannot enforce a get the economy moving again," "blanket restriction." Elfvin de- claiming that he would not be cided that signs on posts are al- "satisfied until economic expanlowable behind cordoned-off sion is found in every community areas where it would be unlikely in America." for the sticks to be used as Partisan Politics Thrive That goal, Reagan charged, media entourage. Secret Service however, is not shared by the agents, could, if they desired, inDemocrats, who he accused of "stonewalling" his plans for spect protestor's sticks for concealed weapons, Elfvin wrote. economic enterprise zones the political godchild of area and Congressman Jack Kemp First Amendment Rights antiproposed comprehensive Ellen Yacknin, described as a crime legislation. lawyer representing the U/B stu"Last year, crime dropped dents, received Elfvin's verbal seven percent, the greatest dedecision at 11 a.m. just 15 minutes before Air Force One was cline in history," the President boasted. "However, any atscheduled to land at Buffalo Intempts to get our core crime ternational Airport. For the following two hours, Yacknin and proposal through Congress has Joseph Guerra, an assistant U.S. beenbottled up in committees." attorney, haggled over the Mondale's recently released proper wording for the Elfvin economic plans to raise taxes order. By the time a draft was fi- while simultaneously cutting nally readied for the judge's sigspending to help ease the budget nature, thePresident was prepardeficit was called a "fairy tale" ing to leave. Despite arguments continued on page 7 weapons, but still within the sight of the President and his — — �Vedge's Law Vedge's Law . by Cliff Falk by Cliff Falk September 25, 1984 Opinion 5 �Pudge Politics: Flashback: The 1980 Presidential Election by Pudge Meyer "Okay, wise guy, what brings sorely needed in this country. I you here on a weekday?" I would provide the public with a (In the summer of 1979 I was a brushed off the heart attack he new face in politics. All' my self-employed political columpolicies would be unbiased, and almost gave me. nist tough way to make a liv"Well, I'll tellyou. What do you following no trend, since I know ing Yesterday I stumbled nothing of recent administrathink about the next election?" across one article that I had "I've been running through the tion." placed in a folder along with my list, "But Mcl Brooks can't be Presand I just don'tknow." letters of rejections from about "Why don't you give me the ident of the United States." twenty-three law schools. It was names, and I'll tell you what I "Why not? We've had presientitled Mr. Wise Guy.) dents from all walks of life think." "Okay." I went for it. "How generals, writers of constituAnother presidential election about Gov. Brown?" tions, even crooks, and farmers is approaching, and I've been "Too young, and single. Won't with dumb brothers. It's time we busy sorting out possible candicommand respect." had one from the entertainment dates. industry." "Kennedy?" Yesterday, while relaxing in "Wait. Why would you make a "Too embarassed to run. He'd good president?" my living-room around midday, be better off writing a book." "Why? You want to know why? "Carter?" I heard some rustling noises in the kitchen. Now, my family had I'll tell you why. I seem to have "Are you kidding?" the key ingredient that not too been out of town for a week, and "Bayh?" many candidates have nowacommon sense. And "// was my long-time friend Mcl Brooks. He had let days don't forget the words of Linden Monet 'Leaders are born, not in through the side door and had helped made.'" to some garden vegetables." "Linden Monet who was he?" I didn't know what it could be. I "Who?" "Nevermind. And remember, grabbed the Louisville Slugger I "Ford?" some of our great leaders had keep under the couch for such "Forgot where the White against them. For inmarks and into the jumped occasions, House is." stance, our great anti-slavery kitchen- with one of my karate "All right, wise guy, who did Civil War president, Dave Lincoln, screams. you have in mind?" had a few servants at his resiit's only me, "Easy Pudge "I'll tell you. This is why I'm dence that he didn't quite treat Mel." What a relief. It was my here during the week I'm camlong-time friend Mcl Brooks. He paigning." thought for sure he as royalty. I can go on if you want I me to." had let himself in through the was kidding. But he went on. "You don't have to. If there's side door and had helped himself "Seriously, Pudge I can pro- one thing I know, it's the lives of to some fresh garden vegetables. vide a change of pace that is U.S. Presidents." — ... - — — — himself himself fresh — — — — "Then you know what I'm talking about. And don'tforget —I'm also more well-known than most of the candidates. I'm witty, clever, and observant. And I think it's high time we had a wise guy for president it would be good for national morale if I could lay some zingers on Cuba and U.S.S.R." I was beginning to see — it his way. "You have my support. Who's your running-mate?" "Dom Delouise." "Great." We talked over our strategy; and out walked the man who I hoped would be the next president. An hour later, I was back in the living-room when the door bell campaign rang. - "Hi Pudge, how are you?" "Pretty good. What are you doing here on a weekday?" It was my good friend Reggie Jackson. who do "Well, I'll tell you you like in the upcoming elec- — tion?" Dean Headrick Resigns continued from page I which this school like most the inception of a fresh adminisother law schools has wittration. He now plans to fully purnessed over the past several sue his teaching and research inyears. terests. He currently is in the proIn addition, Headrick hopes to cess of writing a book on resist any new tuition hikes medieval land transactions which may be proposed for the based primarily on his research law school. "We have made a at Oxford. strong representation which is Headrick's outlook on the cur- — — backed by considerable data and rational argument that if there are general tuition increases the law school ought to be excepted for a couple of rounds, because our tuition is really out of whack with other tuitionsfor students in SUNY," Headrick said. Dean Headrick feels that after nine years as dean he will have accomplished all that he had originally planned for the law school, and that this will therefore be an appropriate time for — — rent state of the law school and .. the direction in which itis headed is patently optimistic. "The nice thing about this job I guess, is that this is a remarkably wonderful bunch of people to work faculty, staff and stuwith dents. It's a place that's very alive intellectually. And I think to make some contribution to both keeping it that way and extending our program and our reputation is what gives one satisfaction in this job," Headrick remarked. The Opinion's publication schedule for the Fall Semester of 1984-85 is as follows: Late Copy Copy Deadline Deadline 25:4 Monday October 1 Tuesday October 2 12:00noon Thursday October 4 Tuesday October 9 Monday October 15 8:30p.m. Tuesday October 16 12:00noon Thursday October 18 Tuesday October 23 ONION Tuesday October 30 8:30 p.m. Wednesday October 31 12:00 noon Saturday November 3 12:00 noon Wednesday 25:6 Monday November 5 8:30 p.m. Tuesday Thursday November 6 NovemberB 12:00 noon 7:00 p.m. 25:7 Monday November26 8:30 p.m. Tuesday November27 12:00 noon 8:30p.m. 25:5 (humor) * Late * Layout ** 7:00p.m. 7:00p.m. November 7 Tuesday November 13 Thursday November29 7:00 p.m. copy accepted only upon prior notice. ** Layouts will take place in 6 Date of Publication Issue Opinion September 26,1984 The Opinion office, Room 724 O'Brian Hall. Tuesday 4 December �PAD News Fraternity Has Much To Offer by James Lagona The officers and members of P.A.D. have returned from their much-needed summer vacations and are moving the organization ahead at a rapid pace. Many events have been scheduled, and some have already been held with much success. This semester's calendar is quickly filling up with events of interest to all in the law school community. Membership of P.A.D. Our membership "rush" was a great success this semester, with more than twenty new members initiated into the Fraternity on Monday, September 24, 1984, in the law school's Moot Court Room. As usual, the ceremony was dignified and moving, and was attended by local noteables. The reception which followed the ceremony was enjoyed by all in attendance. We again wish to welcome our new brothers and sisters to the membership of our Fraternity and encourage them to participate in our meetings and events. Social Activities coming announcements. Also for its members, national recogscheduled for the near future are nition as one of the outstanding morning coffee and doughnuts, chapters of the Fraternity, and keggers, happy hours and vari- our officers have been cited as ous social events with the membeing exemplary in their efforts bers of the local bench and bar. and service to the Fraternity. Watch for upcoming announce- Chapter Clerk Randy Donatelli rements for these activities as well. cently received the honor of Our Blood Drive has been ten- being recognized as the outtatively scheduled for November standing chapter clerk in the Na15, 1984. We ask that you re- tion. We congratulate him and member this date and come to encourage the other officers and donate in the first floor student members to look to the example lounge on that day. A schedule he set for our benefit. of times for donations will be P.A.D. has much to offer the posted in the mail room in order law student. The Fraternity proto move the donations quickly vides a means of meeting those and easily, and to give the nurses already active in the legal profesan idea of how many people to sion, social activities both enjoyexpect at any given time. Walk-in able and beneficial to the law studonors are of course always wel- dent, valuable contacts within come, but if possible, try to the profession, and the fellowschedule a time so the staff will ship which comes from lifelong know when to expect you. membership in an organization The Book Sale went very well which places an emphasis on this semester, and we thank all treating all of its members as who patronize this function. equals. In addition to our chapter's employment service for Benefits of P.A.D. members, the Fraternity has an placement/eminternational Even though we had our first ployment service for its meminitiation for the semester, it is bers. not too late to join the Fraternity. P.A.D. welcomes all law stuThere will be at least one more dents into its membership and it initiation this school year. Stop extends an invitation to you to by the P.A.D. office, O'Brian join and benefit from all that 113A, call the office at (716) 636- P.A.D. has to offer you. Look for -2781, or stop any member and announcements on our board in ask for information about the the mail room and join us in our Fraternity and how to apply for activities. Accept our invitation to membership. membership in one of the largest P.A.D. is an organization which law fraternities in the country, The Racquetball Night which the Fraternity sponsored on Saturday, September 15, 1984, was also a great success. Food and refreshments flowed freely, the Boulevard Racquetball Club's facilities were open to our use, exists for the benefit of the law and the people'who attended student, and believes in service truly enjoyed all that the evening to the community, the student and the facilities had to offer. and the profession. Our chapter This event is sure to be repeated boasts of its own successful placement/employment service in the future, so watch for up- Reagan Visit College cafeteria for a V.I.P. luncheon. The route was lined with both pro- and anti-Reagan demonstrators, jostling one another to either cheer or chastize the President. According to one demonstrator, the protest was "a success" despite the problems continuedfrom page 4 by the President, who said the Republicans plan, unlike his opponent's, calls for "keeping the people out of the red." Reagan asked the crowd to repudiate the "liberal stohewallers" in Congress this November. "Don't make them see the light," he said, "make them feel the heat." Cheersand Jeers After his 10 minute speech Reagan walked from the Santa Maria Towers to the D'Youville with the Secret Service and an equally enthusiastic crowd supporting the President. "Although I don't know whether it'll make any difference in November" she said, "at least we made ourselves heard today." Sixth Annual WNY Conference Hinkle, Esq., Hodgson, Russ, Andrews, Woods & Goodyear; and Dennis Barrett, Esq., Barrett, Maier, Barrett. A transcript of the speeches given at the conference are available in 505 Baldy. continuedfrom page 2 The speakers included: Ronald Hager, Esq., Instructor, SUNY Buffalo Law Clinic; F. Warren Kahn, Esq., V.P. and Treasurer, New York State Association of School Attorneys; 1 Ward B. K«3r-imoi-«a Buffalo, Avonuo Pslorw York e-4335-SS43 T" resumes professionally typeset and, with almost one hundred members, the largest law student organizaiton on campus next to the S.B.A. (of which all students automatically are members). The BAR/BRI course, in preparation for the November 16th MPRE examination, will be offered twice: Sunday, November 11, 12:00 - 6:00 pm, Room 109 Wednesday, November 14,5:00 -11:00 pm, Room 109 The course is FREE to all BAR/BRI enrollees, with a deposit of $75, fully credited towards their BAR/BRI tuition and includes: • 4 hour lecture • 2 hour practice testing • MPRE book and outline materials Preregistration at table until Monday, November 5,1984. 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 Septambcr 25, 1984 Opinion 7 �The Continuing Saga of Pudge's Internship With the Carson County District Attorney This is part two ofa series depicting a common summer internship with an assistant district attorney. by Pudge Meyer IV. Poor Crenshaw. It rained that afternoon, and we didn't get to play tennis. The witness got killed that night by a Dunkin Donuts truck. The judge allowed the direct- and cross-examination to remain as part of the record, but the redirect was stricken due to the obvious inability of Crenshaw to proceed with his recross. Unfortunately for Crenshaw, this prevented him from calling a rebuttal witness who would certainly have discredited the defense witness and shot their entire theory straight to the realms of Pluto. Before the trial resumed the next morning, Crenshaw was fuming. Jergens asked him what he would do now. "I don't know. Maybe he can play today after work." We did get on the court later that day .. V. Those Town and Village Justices are a breed unto themselves. It didn't take me long to realize that for some reason or another, they all wore fat neckties. Fat ties have a tendency to make heavy people look heavier and skinny people look skinnier. I have since wondered what would happen if I were to tie one on. I calmly reassure myself that I'll never find out. At the time, I didn't yet know if it were the ties or the position; but it seemed like everyone who put on a robe suddenly became endowed with a sense of humor, which, unfortunately, was only self-apparent. (Actually, the fifth grade choir director wore a robe, but he wasn't funny at all.) The Justice would make a comment that made him chuckle; we'd uncomfortably look around at each other, and as if on cue, we'd all start laughing. Sometimes the whole court would be in an uproar. The scene was reminiscent of the story of The King's Clothes, the- tale in which the King paraded down the square with no clothes on asking the people how they liked his new expensive outfit. The people all said it was a lovely outfit from hat to shoe until one brave and ignorant little boy yelled out, "Hey, look at that man's little ". The whole assembly broke out in an uproar. The King was made to look like a fool. But he did have one thing over the local Justices in Carson County at least he knew how to dress. There was one occasion on which my laughter was sincere. It was at an arraignment, and I was accompanying the lovely former Miss Morton, who had been an A.D.A. for about a year. Strange things can happen in a in fact, she wasn't year's time at work my first three days on the job, because Miss Morton and Mr. Crenshaw were on their honeymoon. So there I was with — - — — — had won the Purnimock Creek your boss I even play with him Upstate Canoeing Championsometimes." ship for the third straight year, "Sorry. You'll have to go home and he had a four-hour drive to and get the permit." I told Crenshaw I'll be back in a minute, and the awards dinner.I caught Crenshaw walking down the stairs. I stormed away. This was like Reagan being denied entry to Air "How'd it go?" "Okay, I think. They're calling Force One because he didn't one more witness. We'll probahave his I.D. card. When I got back to the courts bly finish it up tomorrow." "Then I guess you have alot to the girl was gone and Luther was do." I was disappointed. I there. I told him what happened. thought maybe I'd get this turkey He thought it was funny. I didn't. on the court. "Well Pudge, that's the way it "Not really. I told M.C. to do goes." the summation for me. I'll just Crenshaw hit me in the arm. look at it after she writes it. She's "You gonna let him get away great. Let's play." with that?" We were at the tennis courts "Get away with what? Telling ten minutes later. I play there me that's the way it goes?" about two hours a day, weather "No. Didn't you hear what he permitting, and I had long since called you? He called you sounding "Get lost." The matter come to know the attendants 'Pudge." who work there. To play, you was set down for trial. "He did? I wonder what he The cause of my laughter? must have a permit, or pay 5 dolmeant by that.. .?" We were fiM.C. inquired as to bail for this lars for an hour. Once the attendnally on the court. I had a new man who has a history of crimi- ants recognize the regular can of tennis balls. I started to nal impersonation. The Judge's players, it becomes unneceshey, Crenopen it. "Uh-oh response: Released on own Resary to show the permit. I shaw, you got a knife or somecognizance. To top it all off, the stopped bringing mine three thing? The ring broke." case had to be dismissed be- days after the courts opened on "A knife? No. Here; let me try." cause the waitress refused to tes- May 15. No good. We couldn't get the can tify. She was afraid that she'd Just our luck there was a open. There was only one thing lose her job when it became new girl working. "May I see your to do take another quick trip known that she always fed the permits, please?" home. "I don't carry mine cops for free. As of this writing, I'm a "May I see your license and I believe she is still residing at really good friend of Luther, and registration you do realize the County Jail; and I am told that Debbie, too the people who you were going 35 in a 20 MPH the whole force has slimmed usually work here. Where are zone. down considerably. they today?" I returned to the courts with When I got back to the office it "I don't know where they are, three tennis balls and minus 25 was 4:00 P.M. I ran upstairs to and I don't know who you are. I dollars. But I had taken too long. the court room, but I was too late. was told to ask to see all perWhen I got there Crenshaw was The rape trial ended early bemits." gone cause Judge Banshee had a com"But Buddy Silverman he's To be continued... mitment seems his daughter Mrs. Morton-Crenshaw (Hereinafter M.C.) at the arraignment. It seems the accused had been picked up for theft of services stemming from an incident at a local luncheonette. He apparently held himself out to be a police officer, and a certain nameless waitress was in the habit of providing police with a free lunch. He was caught by the cashier, a former player in the now-defunct World Football League, who realized that the guy hadn't paid. After the arrest, it was found out that the same person was being sought in connection with three other separate occurances involving impersonation. Defense counsel offered M.C. a B Misdemeanor in satisfaction. She responded with a re- ' . — — — — — — — . .. COFFEE AND DOMJTS WILL BE SERVED OUTSIDE ROOM 106! . . BAA/MI H 75 DBGOUHT MAOUMI S ' ©(gT©!E(P3 "M r BE SURE TO PAY ONLY $50 TO LOCK IN THE PRICE OF $675 FOR YOUR BAR REVIEW COURSE! PAY ONLYftIOO MORE TOWARD YOUR $675 PRICE AND YOU WILL RECEIVE YOUR BAR REVIEW BOOKS! m 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 8 Opinion September 25, 1964 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-09-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9f88c39dc415a45ef0c3ea1302d88976.pdf f1d9ecab07946fd1130838e20c6e1203 PDF Text Text Vol. 25 No. 4 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 9, 1984 Greiner Assembles Law Dean Search Committee by Tony Torres The most important issue of the year has become the selection of a new Dean for our Law School. At the September 21, 1984 faculty meeting. University Provost William Greineroutlined the procedure by which the Law School Dean Search Committee is to be assembled. As students and future 'alumni, we should take an active role in the selection of the new Dean. Headrick Lauded Dean Thomas E. Headrick has indeed accomplished much during his eight-year tenure as administrative head of the U/B Law School. He has managed to balance the needs, wants and changing attitudes of transient students with the academic demands of a diverse and controversial faculty, while building the academic respect and reputation of the institution. It is a rare leader who can achieve such a balance, and it is our loss that Headrick won't be remaining as Dean. It may prove to be impossible to find a candidatewith his qualities, but we must endeavor to do so. We is underscored because of a plethora of reasons, not the least of which is that the reputation of the Law School, and ifs Dean, precedes us as we begin our legal careers. It is, therefore, important that the student body become, and remain, involved in the dean search and selection procedure. On Friday, September 21, members of the faculty, Judy Olin and this writer, convened in Room 210 at 2:15 p.m. to listen to Provost Greiner address the issue of replacing Dean Headrick. The Provost began by first acknowledging the hard work the Dean has done during his administration, the close personal friendship they have developed, and stated that he is glad that Dean Headrick is remaining on the faculty. Provost Greiner said thoughtfully: "It is with deep regret that I accept this resignation." Greiner then listed two items of concern: 1) The make-up of the Law School requires a very diverse person to fill the Deanship; and 2) the Dean of the Law School is a leadership position for the whole University. Search Procedure Outlined Provost Greiner proceeded by running down the procedures utilized to acquire a Dean for the School of Architecture recently. The Search Committee make-up was three Department Chairpersons, two faculty at-large, one staff professional, one local architect, two students (one undergraduate, one graduate), two university at-large faculty, and, as president of the Committee, the Dean of Management. The Committee instituted a full nationwide search which included applicants from the faculty. After careful screening six candidates were invited for a round of first interviews with faculty and administrators. From these, four candidates were invited to return for a second round of more in-depth interviews. The Search Committee then submitted a final unranked list of four candidates to the Provost. The Provost after conferring with the faculty, made an offer to the most qualified and acceptable candidate, who then accepted. Provost Greiner proposed that the Search for the Law School Dean should proceed in the same fashion. The proposed make-up of the Committee would be five faculty, one student, two University at-large faculty, one staff professional, and the Dean as head of the Committee. Applications for the positions are to be ac- cepted soon; therefore, the Committee should be formed within the next few weeks. The Provost would like a short list (no more than four candidates) by March 1985 and have the new Dean selected and contracted by August 1, 1985. The faculty is to elect ten members for the Committee of which the Provost will select the five faculty committee persons. The S.B.A. is to name two candidates for the Committee from which the Provost will select one. After fielding a multitude of questions such as; "Why do we need other faculty?" and "Why only one student?" Provost Greiner swiftly departed. The faculty discussed the proposed procedure, then voted to delay elec- tion of the ten faculty until later this week (that list will be made available). Need forStudent Representation As student representatives to the faculty meeting, Ms. Olin and this writer argued that two students were necessary on the Dean Search Committee. Our points were as follows: (1) although we do not have a J.D. and an L.L.M. program, we do have a recognizable upper and lower class; (2) that a second student would add to the process by emphasizing our concerns; (3) that a second student would allow for some flexibility forschedule conflicts between the committeeand the students; and (4) that due to tdlltlUHilltill I'lltfC /(*' Class of 987 Academic Stats are Down Slightly acceptan-es on just numbersthan we have had in the past. The committee was looking for a better cross section of students (by increasing the relative importance of personal factors)." Echoing the national trend, apacademic year, the LSAT was offered four times in New York plications to UB were down State and, due to the State's Truth-in-Testing law, each exam was completely different from one another. But, warned Crosby, looking at the admissions process only by Victor Siclari through numerical standards U/B Law School will have the may be misleading, since the admissions committee changes the honor of hosting the American criteria and the weighing of indi- Bar Association / Law Student vidual factors each year. "The adDivision (ABA LSD) Second Circuit Fall Roundtable on Saturday missionscommittee's interpretations change from year tp year," and Sunday, October 20-21, she said. "This year's scores may 1984. This conference is comprised just be a reflection of the commitofjhe second circuit sector of the preferences." tee's current Crosby noted thatthe committee ABA/LSD and includes all fourwas especially interested in an teen ABA-accredited law schools in New York State. According to applicant's "personal factors" U/B's ABA/LSD the life experiences and special Susan Kozinn, representative, each one of the circumstances not mirrored by standardized scores. "Almost law schools will send one or two posevery file (application) we re- of their representatives and president to attend ceived was individually reviewed sibly its SBA the Fall Roundtable. by the committee," she exThe weekend will be divided plained. "There were fewer auinto two events. On Saturday mid-afternoon, there will be an orientation meeting to which all U/B law students are invited to come and meet with the representatives from the other law AND MORE! schools. It will be a "Let's Get Ac- the test. However, LSAS officials by John X Lapiana caution, such rankings change Although their numerical from test to test and all recent academic credentials are somelaw enrollees were not necessarwhat lower than their immediate ily tested at the same time or had predecessors, UB Law School's taken the same test. Last 1984-85 first year students instead reflect more the school's campaign to elevate "personal factors" to a more important role in the admissions process. According to Helen Crosby, Law School Registrar, the class's Law School Admissions Test (LSAT) score median was 36, down one point from last year, while themedian grade point average (GPA) also fell from the 1983 mark. The Class of 1986, on the average, scored a 3.4 GPA during their undergraduate years, while the new enrollees averaged 3.3 out of a possible 4.0. Crosby said no statistics are available on the first year student's class rankings. The Law School Admissions Service, which, with the Educational Testing Service, administers the LSAT, used by almost every Law School with varying degrees of importance foradmissions, estimates that a 36 score ranks the UB student within the 75th percentile of those who took *&- 4r PAD Initiation Meanderings tomatic slightly from the previous year, Crosby said, noting that 1500students applied for 275 openings in the first year class. According to a recent American Bar Association survey, enrollments at the nation's law schools has been on the decline for the past two years. Law enrollment hit an all-time high in 1981, when 130,000 students were matriculating at 166 American law schools, but that figure has dropped to last year's 128,742. While ÜB's enrollment figure remains stable, the nationcontinued on Law School to Host ABA/LSD Second Circuit Fall Roundtable — ... quainted" session to welcome the visiting ABA/LSD representa- tives. "It will be a worthwhile opportunity to meet involved students and make connections," says Kozinn. She recommends all U/B law students, ABA/LSD members or not, to take advantage of the exposure to the representatives from the other law schools and utilize available resources which they can provide. Very informal, the orientation will be a Beer Blast with hot hors d'oeuvres for all. The time and place will be determined soon with information to be posted. The second event, the actual Fall Roundtable meeting, will take place on Sunday, starting at 9 a.m. It will be open only to the ABA/LSD representatives. "It is an organizational meeting to compare notes and ideas and to find out what each law school is doing," says Kozinn. There will be an exchange of information as to what projects other law schools are planning and how resources can be pooled and plans organized to achieve greater success in their endeavors. The ABA has budgeted for travel and lodging expenses of the representatives. According to Kozinn, the ABA's major interest in this conference is to promote and boost membership among the schools' students, but equally important to the ABA is encouraging participation in ABA-sponsored competition and periodicals. Some examples of the upcoming competitions include Client-CounselingCompetition, National Appellate Advocacy Competition, and Negotiation Competition. For more information on the competitions, membership in the ABA/LSD, or the Saturday Beer Blast, contact Susan Kozinn, mail box #428. �VOl. 25. NO. 4 October 9,1984 EditOrtrr-Chief Bob Cozzie Managing Editor Victor R. Siclarl Randy Donatelli News Editor: Andy H. Viets Features Editor: Business Manager: vacant Photographer: Molly Mahany Staff: Robert Mark Bursky, Victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul W. Kullman, John K. Lapiana, Pudge Meyer, Jeff H. stern. Layout: Tim Burvid, Pam Laidig. Handicapped Experience New Life at Fresh Air Home by Robert Marc Bursky I During the summer months had the good fortune to work at the Southampton Fresh Air Home, a privately funded, notfor-profit organization dedicated to providing children (ages six to sixteen) with an array of physical © Copyright 1984, The Opinion. SBA. Any republication of materials maladies, a place where they can herein is strictly prohibited without the express consent of the experience growth and learn to Editors. The Opinion is published every two weeks during the cope with their situations. Loacademic year. It is the student newspaper of the State University cated in a residential neighborof New York at Buffalo School of Law, SUNYAB Amherst Campus, hood in surburban Long Island, Buffalo, New York 14260. The views expressed in this paper are the Home caters mostly to innernot necessarily those of the Editorial Board or Staff of The Opinion. city kids who might not otherThe Opinion is a non-profit organization, third-class postage enwise have an opportunity to extered at Buffalo, N.Y. Editorial policy of The Opinion is determined change noise for tranquility, tucollectively by the Editorial Board. The Opinion is funded by SBA mult for serenity, cement for from Student Law Fees. Composition & Design: Words & Graphics, inc. grass, fire hydrants for swimming pools and beaches, seven I and one-half weeks per year. Many of these children (about 60 in all) have spent much of the previous year in and out of various hospitals, undergoing corrective surgery and rehabilitation. Their ailments include cerebral palsy, muscular dystrophy, osteogenesis imperfecta, juvenile rheumatoid arthritis, spina The Student Bar Association is made up of the approximately eight hundred law students who attend this school. In bifida, and clubfoot, among our view, the SBA has basically two functions: The allocation others. Causes and Effects of Editorial: Future Elections Reform Necessary of student activities fees, and dealing with the law school's administration. These responsibilities are performed by the SBA's Board of Directors and various SBA committees. The recently-held SBA elections offered a stark contrast in candidates with respect to the way these functions are to be carried out. This was especially true at the presidential level. Rich Gottlieb, the winner of this year's race, is insistent in his belief that the SBA Board ofDirectors is a political body which should be outspoken on numerous issues affecting both the Law School and the University as a whole. Rob Sant's philosophy could be best summed up by his campaign slogan— "Parties, Not Politics." Each candidate held well-defined and articulate views on issues affecting the school, such as SBA funds, and the Law School's relation to the rest of the University. In addition, both Gottlieb and Sant could point to substantial experience with the workings of the SBA. One can wonder, however, how much the outcome of the race depended on the abilities and positions of the candidates. The only real criteria the entire student body hadfor making a choice in this year's election were signs plastered throughout O'Brian Hall, one sentence campaign slogans, and a debate attended by about forty people. Since both candidates are seniors, third year students who knew them personally may have had legitimate reasons for voting for one or the other. For first year students, and most second year students, however, the election process does not provide them with a legitimate and meaningful method of making a selection. It is clear that the SBA electoral process is sorely lacking in giving most students the means of making a serious choice among candidates, if there is one thing that the new administration does thisyear, perhaps it should be to reform the way eight hundred law students decide who is to be responsible for $40,000 of their money, and represent them when dealing with the Law School administration. We therefore propose the following reforms in the SBA's election process: 1) The SBA should set aside money for each candidate for the four highest positions (President, Vice-President, Treasurer, and Secretary) to put together position papers which would be distributed to each student's mailbox. A length of perhaps one to two pages would be sufficient. Allowing director candidates to do something similar should also be considered. 2) The presidential and vice-presidential debates should be held at a time when all law students have reasonable access to it. This was not the case at this year's debate which was held at 5:00 on a Wednesdy afternoon when most of us are far away looking for something to eat. 3) As indicated in an earlier editorial, we feel that it is to the students' loss that only one of this year's presidential candidates could serve in an elected capacity in the SBA. The elections should be restructured so thatthe elections for President, Vice-President, Treasurer and Secretary come before the elections for first-, second-, and third-year directors. This would enable the losers of the races for the four highest positions to run again for director positions and therefore remain active in the SBA in an official capacity. Even though Rob Sant has stated that he will continue to be heard from, we think it would have been better if he could be working as an SBA director, rather than just as a voice from the outside. We consider it essential that in the coming year the SBA Board of Directors take action to reform its election process, in some or all of the ways listed above. 2 Opinion October 9, 1984 the Diseases Cerebral palsy, which affects one's motor skills, is the result of brain damage usually occasioned at birth or prior to it. The degree of damage varies from person to person. For some, cp's effect is so negligible as to render it virtually imperceptible. In other instances, it results in an almost total inability to command body movement. Muscular dystrophy is a progressive, debilitating disease. Mus- cles literally waste away, beginning with the lower extremities and working up towards the diaphragm. Life expectancy is, in most cases, a scant 19 years. Of those at the Home this summer who are now confined to wheelchairs, all can remember a time when they could walk unas- sisted. Osfeogenesis imperfecta is caused by a shortage of bone calcium. Since calcium is needed for growth, oi people, as they are typically called, are usually extremely short. Some are under three feet in height. Additionally, the lack of calcium causes bones to be very brittle so that the slightest contact may yield fractures. Steel rods are often inserted in the body to give much needed support to affected bones. Juvenile rheumatoid arthritis is a product of fluid build-up in body joints. It is painful, progressive, debilitating and incurable. Spinabifida is a birth defect that usually results in total or partial paralysis from the waist down. Clubfoot can often be corrected or minimized through surgery. Its most prominent effect, therefore, is one that maybe reflected in a child's personality and outlook on life. Types of Activities The range of activities children indulge in at the Home parallels those at any other summer camp. Arts and crafts, music appreciation, plays, hikes, swim- ming and sports of all kinds constitutethe regular programming. Games are simply tailored to meet the limitations of each individual. In softball, for example, kids in wheelchairs push themselves both in the field and when at bat. If one cannot do so, a staff member or another camper will provide the needed assistance. The same applies to those children who utilize crutches or walkers. Campers with more ability do not mind such individualized and "special" treatment afforded their less able peers. In fact, they openly call for it, since the only alternative is to have someone sit out —something which no one wants and everyone discourages. Philosophy of Activities This does not mean that games are entered into with entirely carefree attitudes. To the contrary, within the aforementioned framework the kids are quite competitive. The only distinction to be made between rivalry here and at other camps is that Fresh Air Home children are a great deal more tolerant of their team- mates who don't perform well. The reason for this is apparent. Experiences and interactions with a larger, oftenindifferent society, have taught them that the only encouragement they can expect is that which they give to each other. While the types of activities bear comparison to those offered continued on page 4 Public Execution Apprised Highest honors, of course, by Eric Turkewitz A curious thing has happened in recent years to the execution, that most final and supreme sentence mankind, has created for our criminals. It seems that its imposition has succumbed to the pleas of humanitarians, and its format has been drastically altered. Recent executions have seen a rise in the use of the lethal injection as a means of carrying forward the sentence. State legislators continually search for quicker, more efficient and less painful ways of killing someone. go to the grisly, yet swift, de- capitation. Many of these executions were, and still are, done in public to drive the point home to local citizens that certain types of behavior will not be permitted. Reasons for Less Painful Executions So how did we end up with something as silly as a lethal injection administered in the basement of an isolated penitentiary? Humanitarians have for years spoken out against the death penalty as both an ineffective deterrent and one which corrupts the state's moral basis in the battle against the criminal element. Executions as a Deterrent They contend the state cannot As I always understood it, the teach anyone that killing is death penalty was always supwrong if the state itself kills ported by individuals who felt it someone. It is up to the state to useful for its deterrent effect. People would not be so quick to unleash their deadly fury on one another if they knew what gruesome penalty awaited their arrest and conviction. For centuries, governments of MONEY that's where it's at! the world have sought to create a dramatic means to impress As the new treasurer of the SBA, their populace of the seriousness I hope to be able to keep trackof of the crime, while speeding the where it's at and where it's going. criminal along his/her way to After all, it is our money. We will be selecting members meet their maker. Apparently, this is akin to returning a defec- for the various committees very soon. If anyone is interested in tive product. being on the Finance Committee, I urge you to sign up for an interTypes of Executions view once the schedule is posted. Hanging and the firing squad It's a great way to get involved have always been popular in the and learn more about the law United States. High on the list in school and its organization. the 20th century has also been will be scheduling a meeting electrocution. Governments with representatives from each have been known to draw and SBA-funded organization. At that quarter, stone, and drown its citi- time, we will review procedures zens to complete the act. and the necessary forms will be remove the dangerous person from society, not to play God. This moral view of execution, combined with allegations that the methods in use were cruel and unusual punishment, led to the diminution in dramatics of the state's ultimate weapon. The state now tries to dispose of human beings it deems unfit for society quickly and quietly in an attempt to quell the voices of dissent. So what happened to the intent behind instituting the sentence? Is the law designed to influence criminals or political activists? Making Executions Public If we are going to execute our baby killers, greedy killers, mass killers and other such distincontinued on ntige 5 Finance Committee Openings Announced — I distributed. Once the Finance Committee is formed, we will establish procedures for the presentation and funding of proposals. All information will be posted in the mail room on the third floor and the SBA office, Room 101, in O'Brian Hall. If there are any questions, please let me know. I'd also be happy to meet with any group or organization to discuss specific concerns. Thank you for electing me to this position. I'm looking forward to working with you. Gina Peca SBA Treasurer �Meanderings: Columnist Reflects on Buffalo Experiences 4) The Weather — Is it ever going to stop raining in this goddamned place? For those of you who have never been to Buffalo before, the answer is yes, it will stop raining next week when it begins to snow. Then when the snow stops (sometime in May) it will start raining again. You think that this would be pretty easy to forecast, but the weatherpeople always get it wrong anyway. Then they blame their mistakes on Lake Erie. We have lake-effect snow, lake-effect rain, and lakeeffect sunshine, none of which seems to be predictable. I really don't see how it can be so hard though. In the spring and summer it's going to rain or it's not going to rain. In the fall and winter it's going to snow or it's not going to snow. And in any event it's going to be cold. — by Andy H. Viets I have been back in the Queen City for six weeks now, certainly time enough to make some penetrating and insightful observations in my usually forgetful style as a serious journalist. 1) Dean Headrick's Resigna- tion —So, Dean Headrick is resigning next August. This, of course, opens up the question as to who will be his successor. Schlegel would be the "logical" choice, but since he already has a job, I would like to suggest a more needy candidate me. I don't have a job after graduation — (yet), and I think that I would make a pretty good dean. The first thing I would do is move the law school to the south coast of California, and rename it "SUNY/ Santa Barbara School of Law." Believe me, this place would fit right into California. — 2) SBA Elections I see that Richard "Tricky Dick" Gottlieb has been elected SBA President. Well, all I have to say about that is one big, fat, hairy deal. I mean, come on Rich, give us a break. You've already won Moot Court, now give someone else a chance. You realize, don't you, that the only thing that is going to result from this is that you're going to have to rewrite your resume again. — — 3) Parking Meters They don't really bother me a whole lot since I never get here early enough to park that close to the building anyway. Nevertheless, you would like to think that the powers that be would, just once in awhile, show that they care just a little bit and not pull stunts like this on us. — I have given 5) Note-Talung up taking notes in class. I have done this for several reasons. First, I never use them on finals. And second, I can't read my own handwriting. So, I just sit there and pretend that ham getting my moneys worth. If you do happen to see me writing something down in class, don't accuse me of telling falsehoods I am just — catching up on some letter writing, not taking notes. This is also a good way to fool a professor into thinking that you are feverishly writing down everything he or she is saying so that he or she won't call on you. Law Fraternity Inducts New Members; Schaeftler Speaks by Daniel Marren The University ofBuffalo chapter of Phi Alpha Delta Law Fraternity International (PAD) held a PAD. These people witnessed of Corporate Officers and Direcand participated in the sincere tors (Little Brown, 1976), as well and dignified ceremony which as several law review articles. His speech to the members bestowed on the initiates full truly captured the spirit and efrecord breaking initiation on fect of membership in PAD. He The Solemn Ceremony Monday, September 24, in the pointed out that since it is open Moot Court Room. For the first all law students regardless of ceremony unfolded the to As the time in the history of the Carlos sex, race, creed, or political beofficers explained to the initiates C. Alden Chapter, over 40 new liefs, many diverse points of view the ideals, history, and principles are represented. Debate and coninitiates were taken in. In fact, the PAD. They stressed the fast exact number was 41, bringing of versation should be lively among that with fraternalism as the key, the members as the skills necesthe total membership to 108. it was the duty of each member sary to becoming a competent to further the cause of Justice lawyer are honed. In addition, he New and Old Members and uphold the integrity of the took note of thediverse and lively The new members initiated profession. Each initiate was social activities which the Fraterare: Bradford Anderson, Miriam then presented with a pin and in- nity sponsors throughout the Bandes, Steven Baum, Margot dividually welcomed into the year. "Phi Alpha Delta improves Bennett, Lisa Bernhard, Julie Fraternity by the officers. the quality of life of the law stuBrett, George Brooks, Janet The dedication and commit- dent and makes law school enviCohen, Marcy Cohen, Bonnie ment of the Alumni of PAD was ronment a bit less serious; a little Daniher-Berger, Anne DiMatteo, seen in the speeches ofAssociate more joyful," said Schaeftler. Irene Fassler, George Faust, Tribune Tringali and District JusFollowing the cerempny, a Cindy Fenichel, Celia Garelick, tice Winter. Both are former and cheese reception was wine Golderman, Gregory Alden Chapter members who are William the Faculty Lounge where Jackson, Lawrence Krause, Paul very involved with the Fraternity held in alumni and current officers, the Bruce Kullman, John Lapiana, at the international and regional the new memLieber, Kenneth Marvald, James level. Their presence showed the PADs welcomed the Fraternity. During this bers to KathMeserve, Amy Panepinto, strong bonds offraternalism that reception. Donatelli Randy leen Peterangelo, David Piatt, is PAD's strength. As Brother (Alden Chapter Clerk) was prePyle, Pamela Barb Post, Martha Winter pointed out, "PAD is not the Frank E. Gray Rabinowitz, Debra Rosenband, the best legal fraternity because sented with outstanding PAD Award as the Rychlik, Rosenberg, David Robin it is the largest, but it is the clerk in the nation.The selectionof Jenhifer Sanders, Richard Saraf, largest because it is the best." who was to receive this distinVictor R. Siclari, Donna Smith, guished award was determined Karen Ton, Faculty Member Initiated Michael Smith, Brian by the International Board at the Urbano, Elisa Wareham, and As part of the night's cere45th Biennial Convention this Willie Wheaton. August. All the members of mony, Chapter past the Alden was In attendance at this special proud to take in Professor the Alden Chapter and its officers Aswere International occasion as a Faculty congratulate Randy on this acA. sociate Tribune Joseph A. Michael Schaeftler Schaeftler is complishment. We are all sure Member. Professor Ronald District Justice Tringali, Corporations presently teaching that his work will be just as specJ. Winter, Dean Thomas E. Headis the au- tacular this year as it has been in at U/B Law School and sevMember), Honorary rick (an eral distinguished alumni, and thor of The Liabilities of Office: the past. membership in the fraternity. current student members of Indemnifacation and Insurance — 6) Briefs I haven't briefed a case since October of 1982. It's a good way to save money on things like paper and pens. It also leaves me with time to do really important things, like watch "Hill Street Blues." 7) Hill Street Blues —Pretty good transition, huh? The good thing about "Hill Street" is that if you are taking Criminal Procedure you can forget about class and just watch the show instead. columns. I have been cranking them out, issue after issue, for a year now but have received only ONE letter (the author of which, believe it or not, had the nerve to attack me as some kind ofhalfcrazed egomaniac). Don't you people have anything to say out there, or am I going to have to start making libelous statements? Actually, the real reason I'm asking you to do this is that I am running out of ideas and thought I might make a column out of Better yet, if there's ever an open- your letters. It's either that or one ing for a criminal procedure proof these weeks you'll see this fessor here, I nominate Joyce space taken up by a new column: Davenport. — 8) The Library I see that they've done some remodeling — up on the fifth arid sixth floors. Thanks a lot it took me two — years to figure the place out and now they've gone and changed everything. By the time I find everything again, I'm going to be long gone (I hope). — widely read columnist. The fact of the matter is, though, that being The Opinion's sole features editor, I'm the one who lays out the third page of the paper. I would like to make one additional comment here I would like to see The Opinion receive more letters in response to my — — 10) 9) This Column As perhaps you have noticed, my "meanderings" this year have been consistently placed at the top of page three of the newspaper. I would like to think that this reflects my status as a highly respected and — "The Best of Meanderings." It's your choice, people and remember not to decide is to decide. May the force be with you (see? I'm already repeating myself)... Quotations — Despite what Ralph Waldo Emerson had to say in Letters and Social Aims, that "Quotation confesses inferiority," I have something of a tendency to end my columns with rarely-heard before quotations (there's a whole bunch of them in the back of my dictionary), I am more in agreement with what Isaac D'lsraeli wrote about quotations anyway: "The wisdom of the wise, and the experience of ages, may be preserved by quotations." Thus, I would like to close with the following, first uttered by F.J. Raymond: "Next to being shot at and missed, nothing is really quite as satisfying as an income tax refund." SBA Meeting The first SBA meeting will be held on Wednesday, October 10, 1984 at 6:00 p.m. in the First Floor Lounge. If you are unable to attend, please contact one of us. Rich 382 563 Tony Gina —720 Lisa 744 —— — The Agenda is as follows: 1) Introduction Committee (Interviewing for SBA and Faculty-Student Committees) 2) SBA Appointments 3) Meeting time 4) Office Hours Criminal Law Sections Try Rape Suspect The trial dates have been set for defendent Edward Rusk, indicted on a rape charge. On Wednesday, October 17th, Team I of Section One's Criminal Law class will try the case. Team II will try the case on Thursday, October 18th. Both trials will be held in the Moot Court Room at 7:00 PM. The Honorable Charles Ewing will be presiding. All are invited to attend. Last year's trial was a great success (especially for Rusk) and this year we anticipate a trial even CNN wouldn't pass up. Refreshments will be served after the jury reaches a verdict. October 9,1984 Opinion 3 �T.V. Series on Constitution Features Prominent Figures by Robert C. Lehrman For the next eleven weeks an all-star lineup will be struggling with the same issues you will be struggling with. It might be reassuring to see that some of our most accomplished public officialsalso have trouble grappling with difficult constitutional issues, and then, it might be frightening to see how loose their grip on these concepts can be. The struggle takes place on "The Constitution: That Delicate Balance," every Tuesday until December 11. It will be aired at 10:00 p.m. on the Public Broadcasting Service, which is channel 17 in the Buffalo area. The series was produced by the Media and Society Seminars of the Columbia University School of Journalism, in cooperation with WNET and WTTW, and is funded with $150 million provided over a 15-year period by the Annenberg/ CPB Project. Fred W. Friendly, former president of CBS News, professor at Columbia Graduate School of Journalism, and lecturer at Columbia Law School, originated the series format which he describes as "one part Socrates and one part Phil Donahue." The series was taped in October of 1983 at Congress Hall, site of the signing of the Constitution, in Independence National Park, Philadelphia. Each showhas an eminent law professor as moderator; several dozen judges, journalists, politicians, and professors as participants; and a thorny constitutional issue as the problem. Retired Supreme Court Justice Potter Stewart and Fred Friendly provide the commentary. On September 25, Dean Benno C. Schmidt, Jr., of Columbia Law School moderated. Former U.S. President Gerald R. Ford played president, former Secretary of State Edmund S. Muskie played secretary of state, and assorted others were on hand to play parts they know well. The issue was the War Powers Act. The program explored the constitutional tensions which arise between the branches of government when the country engages in hostilities just short of war. Potter Stewart said such tensions are inevitable because "the constitution was written at a time of sailing ships and gun-powder." For an hour the participants mulled over the question, which Watergate Special Prosecutor Archibald Cox finally defined as, "What are the president's pow- ers as commander-in-chief?" The liberals on the show sought to limit the president's powers while the conservatives sought to limit Congress's powers. Alan D. Freeman, professor of Constitutional Law at U/B, criticized the show because it never moved beyond a simple definition of the conflict between Articles I and II of the U.S. Constitution. He said it was silly to talk about the hypothetical El Dorado and Sierra Madre when it would have been more instructive to talk about the War Powers Act in the context of El Salvador and Nicaragua. After the participants had reached a stalemate, it was suggested that the courts should decide whether the executive or legislative branch had the power to "make" the war. Philip Buchen, former counsel to President Ford, felt intervention by the courts into this dispute would be an unconstitutional arrogation of power. Buchen said if the Supreme Court told the president to pull out the troops, he would tell the president to ignore the order. At that point, most of the participants gasped in horror. Then, to comfort us all, Gerald Ford said he would decline his counsel's advice, and with deep reservations, comply with the court order. The judges present agreed that it was unlikely the court Fred W. Friendly (left), andretired U.S. Supreme Court Justice Potter Stewart, offer analysis on The Constitution: That Delicate Balance, a 13-part series premiering September 18, at 10:00 p.m. (ET), over the Public Broadcasting Photos by Gerard Murrell Service (PBS). (Check local listings.) would become involved in such a conflict. Potter Stewart said it was a non-justiciable dispute, a place for political accommoda- Court of Appeals; Lemar Alexander, Governor, Tennessee; John Anderson, Former U.S. Representative; Bruce Babitt, Governor, Arizona; Jeanne Baker, tion. Professor Schmidt moderated Massachusetts Civil Liberties programs 1, 2, 8, and 11. Charles Union; Laurence Barrett, Time R. Nesson, professor and asMagazine; Griffin Bell, Former sociate dean at Harvard Law U.S. Attorney General; John School, moderated programs 4, Brademas, Former U.S. Repre5, and 6. Richard R. Miller, professentative; David Broder, The sor at Harvard Law School, modWashington Post; Joseph erated programs 3, 9, and 10. Califano, Former Secretary, Programs 7 and 12 were moderHealth, Education and Welfare; ated by Tyrone Brown, former David Carliner, American Bar Ascommissioner of the Federal sociation; Norman Carlson, Communications Commission. Director, Federal Bureau of Prisons; Hodding Carter, Former Lewis B. Kaden, professor at Columbia Law School, moderated Assistant Secretary of State; Archibald Cox, Watergate Specprogram 13. Following are the names of the ial Prosecutor; Lloyd Cutler, participants in the series "The Former Counsel to President CarConstitution: That Delicate Bal- ter; Lyle Denniston, The Baltimore Sun; Christopher Dodd, ance." Arthur Alarcon, Judge, U.S. U.S. Senator; Phil Donahue, TV Home Provides Unique Experience for Handicapped continued from page 2 at other camps, the manner in which children come to participate in them is novel. Three or four times each day campers can partake in games of their own choosing. Activities are never forced upon them and their re- spective groups. It is the campers who give definition to the Home, not the reverse. Furthermore, the notion that campers can select their activities supposes a freedom to remain bystanders and not get involved at all. Drawbacks to Child's Development This philosophical approach to programming makes sense in view of the lives these children lead during time spent in hospitals and at home. Most have never had an opportunity, or have been forced, to make a decision affecting themselves. In hospitals, doctors, social workers and parents typically discuss issues important to the children without ever consulting them even when they are old enough to understand and appreciate the substance of suchconversations. This has the effect of reducing them to "object" status. At home, they never learn to make the most of what abilities they do possess, owing to a guilt complex held by their parents. Simply stated, many parents blame themselves for their child's infirmity, whether or not this breast-beating has any possible basis in fact. To atone for their self-imposed "error," they work 10 times as hard at trying to make their children happy than do parents of so-called "normal" kids. Yet, anxious to give — them the world, these parents ac-. tually deprive their children of it. Instead of teaching independence, parental actions foster — child dependency on others a role physically handicapped kids are all too willing to accept. They 4 Opinion October 9, ,1984 learn to feel sorry for themselves back to a typically rerstrictive and consider themselves helphome environment where they less. The sad result is that many once again assume the role of of them do not realize a potential "cripple." to lead fully or semi-autonomous lives. "Life is forced upon them and the choice is simple: accept it or reject it." How the Home Helps At the Fresh Air Home, children suddenly find themselves in a different setting. No one tells them what to do, nor does the staff do for the kids that which they are capable of doing for themselves. Campers cannot find happiness by living vicariously through others. Life is forced upon them and the choice is simple: accept it or reject it. This holds true even for those who need physical exertion to maintain reasonably good health. For example, it is imperative that people with arthritis exercise regularly so as to slow effects of their illness. Now such a camper who wishes to sit out one, two, or three times, will not attract any attention, since at one time or another all of us prefer to be lazy. The fourth time, however, a staff member may say, be in a wheel"Fine, don't play chair by the time you are — twenty." This may sound cruel but the message is clear. No one can live your life for you. If you want to stew or brood about your condition, then so be it. If you want to live instead of existing, the decision is yours. If you don't do something to help yourself, don't expect anyone else to do anything for you, either. Most respond positively to this scheme. It is unfortunate that once summer ends they head Incentives for Improvement Other means for encouraging campers to assume responsibility are employed. The administration creates paying jobs to be filled by the campers themselves. Kitchen and dining room work, menu planning, gardening, collecting and parcelling mail are just a few examples. From Sunday through Friday, each of the four dorms prepares for daily inspection culminating in the selection of one winner whose members earn the-luxury of a Saturday breakfast-in-bed, continued on pane 10 served by staff from the other cism and ridicule frequently adcompeting dorms. Older campministered by "normal" peers; ers learn to increase feelings of how to deal with manifestations self-worth by attending to physical and emotional needs of younger ones. Many older boys and girls are invited back as fullfledged staff. Relating to Society Lest they forget that at summer's end they must once again deal with an indifferent and often hostile society, the kids hold discussion groups on a regular basis to exchange problems and pose potential solutions. Topics include how to react when an ignoramus treats you as mentally retarded because you are physi- cally handicapped; how to cope with significant levels of ostra- of "parental guilt syndrome;" and how to combat patronage. For people who have never interacted with this population, the' Fresh Air Home provides an excellent opportunity to glean knowledge of what it is like to be physically handicapped. For those who proclaim themselves well-versed in this matter, exposure to life at the Home provides impetus for a reexamination of traditionally accepted methods of dealing with those who have uncommon physical limitations. In either case, it is an eye-opening, learning experience in which the staff says "thank you" to the children and not the other way around, come summer's end. LANALSA Assails Remarks Delivered by INS Recruiter by Walter Ramos In a letter recently sent to Benedict J. Ferraro, Esq., director of the Immigration and Naturalization Services (INS) Buffalo Division, the Latin, Asian, and Native American Law Student's Association (LANALSA), forcefully criticized and condemned "racist" remarks made by INS representative James Grable during his September 10 recruitment visit to the Law School. The remarks were made to students during the morning and afternoon workshops sponsored by the Career Development Office (CDO) to introduce legal career opportunities with the INS, a branch of the U.S. Department of Justice. During Grable's discussion of resettlement options offered by the INS, he contrasted the Arizona offices—a coveted assignment with the San Diego branch which he called an undesirable location because "it has been overrun by Hispanics." Later that afternoon during a second meeting with students, Alberto Benitez, President of LANALSA was introduced to Grable by Audrey Koscelniak, coordinator of CDO, as a student interested in immigration law and a desirable candidate. According to Benitez, "the first words out of his mouth were, 'Are you a permanent resident?' to which I replied, 'No, I'm a U.S. citizen." When advised of Grable's reference to Hispanics by a student who was present at the morning session, Benitez convened a meeting of the LANALSA Executive Board which drafted the letter assailing Grable's "insensitive and racist remarks." The students were joined in expressing their indignation by Alan Carrel, Director of CDO, who characterized Grable's remarks as "unjustified under any cir- cumstances." Later that week, Grable sent a formal letter of apology to LANALSA in which he stated that he only meant to advise students that they might be uncomfortable in a city (San Diego) where English was not thepredominant language. Members of LANALSA deemedthe letter of apology unacceptable and charged that it merely compounded the initial insult. Advised of Grable's remarks and equally insulting letter of apology, U/B Law School Dean Thomas E. Headrick sent a letter to Ferraro in which he stated that "Though we cannot still the voices of discrimination in this society, we certainly do not need to provide them with a forum." With that letter he advised Ferraro thathe was asking all student and faculty organizations to refrain from reinviting Grable to speak at the Law School. �Courts and by Randy Donatelli Commenting on the American polity in 1835, Tocqueville wrote "I hold it to be an impious and detestable maxim, that, politically speaking, the people have a right to do anything; and yet I have asserted that all au- thority originates in the will of the majority. Am I, then, in contradiction with myself?" This expres- sion of a fundamental dilemma characteristic of democracy originated from the pen of a Frenchman born with title of no- bility. Tocqueville was deeply impressed by the character of American society; he admired the resourcefulness and pragmatism of its people and institutions. However, he feared that property interests and individual liberties would always be in jeopardy due to the principle of majority rule. Tyranny of the majority, according to Tocqueville, was the greatest potential threat to America. He stated, "In my opinion, the main evil of the Elitists PoseThreat to Democracy It is not surprising that the aristocratic Tocqueville was wary of leveling impulses held by the masses. Today such arguments are chastised for being elitist when used to defend private property interests. If Tocqueville's elitism is so easily scorned, why do those who advocate and perpetuate elitism in America today escape similar scrutiny? The answer lies not with the evil of elitism per se, but with the ends it seeks to achieve. There are two methods whereby majoritarian rule can be checked. The first solution might be offered by an aristocrat who would propose a less than universal suffrage. The second method callsfor retaining universal suffrage while withdrawing subject matter from the consideration of the elected legislative bodies: The assault on democratic process originates from those who advocate transferring dominion over issues of public concern from the legislatures to the courts and bureaucracies. This present democratic institutions approach is not only undemoof the United States does not cratic, it is elitist. The proponent arise from their weakness, but of this elitism defends his posifrom their irresistible strength. I tion with slogans, like "an attack against tyranny." failed." It is my position that, regardthen expected to believe such imous trend. Those who support less of the ends sought to be portant matters should only be this trend fear Federal Courts attained, the movement away entrusted to the judiciary. may begin to behave like courts from democratic institutions by Those who prefer the courts to ought to behave, if the "wrong" today's elitists should not be tolthe legislature in deciding the Presidents are elected. erated. No longer should the viggreat issues of public concern are What the Judicial Branch, parilance of the American electorate nothing more than elitists. These ticularly the Supreme Court, has be subjugated by those who depeople would have us believe done over the last four decades sire to save society from itself. that if the Bill of Rights were subshould not be taken for granted. The concept of bare majority ject to a popular referendum, it An electorate sufficiently aware rule is actually somewhat miswould lose. Contempt for the inof the proper functioning of our leading. The framers of the Contelligence and sensibilities of the federal system has the ability to stitution sought to check majorelectorate is a prime characterelect a Congress bold enough to ity rule through the Electoral istic of such elitism. make sure Federal Courts no College, the Senate and the PresThe retreat from democracy longer serve as agents of the idential Veto. In addition, the must be recognized as a dangerelitist elements among us. principle of Federalism serves as a bulwark against potential tyranny of national majority factions. The tendency towards formulating and propogating public policy in the Federal Courts results in the imposition of uniformity on a nation that is, in fact, quite diverse. Issues concerning substantative social, political and economic policy, properly belong to the legislature. Removal of subject matter from the legislature is often cleverly defended by placing certain am not so much alarmed at the on the Supreme Court is an atexcessive liberty which reigns in tack on the Constitution" and that country, as at the inadequate "the court has no choice but to securities which one finds there act when the legislature has labels on controversial issues. For example, in labelling affirmative action as a question of "social justice", the intent is to insulate an otherwise debatable issue from public consideration. After all, who could possibly be opposed to social justice? We are National Laywers Guild to Hold Conference on Labor by Susan Hellerman The National Lawyer's Guild and the Buffalo Area Metropolitan Ministries are sponsoring a conference on "Jobs and Economic Revitalization in Western New York" on October 12 and 13 at Mt. St. Joseph Academy. The conference will focus on contemporary issues in labor relations and issues of particular importance to Western New York. Issues such as plant closings, concession Jobs and Economic Revitalization Saturday, October 13, 1984 MT. ST. JOSEPH ACADEMY 2064 MAIN STREET, BUFFALO, NEW YORK (Just South of the Scajaquada) 8:30 a.m. Registration and Coffee 9:00 a.m. Welcome and Orientation 9:15 a.m. Opening Address by Dr. David Perry, SUNYAB Environmental Design and Planning 10:00a.m. MORNINGWORKSHOPS 1. The Crisis in Collective Bargaining Lou Dedek, V.P., lUE District #3 Dick Lipsitz, Buffalo Labor Attorney John Haley, International Rep., UAW Region 9 Jane Slaughter, editor, Labor Notes 2. Legislative Response to Plant Closings Rich Weinstein, N.Y.S. AFL-CIO Frank Barbara, N.Y.S. Assembly EugeneFahey, formerBuffalo Councilman Lillian Roberts, Commissioner, Dept. of Labor 3. The Face of Poverty David Echols, Buffalo Commissioner of Human Relations Arthur Eve, DeputySpeaker, N.Y.S. Assembly Paulette Hammond, President, NOW Mike Ricci, AFL-CIO Dept. ofLabor Liaison Rev. Herbert V.Reid, Chairman, Coalition of CoriscienceofW.N.Y. bargaining, unemployment, alternative ownership, and legislative responses to plant closings will be the topics for discussion in the series of workshops scheduled for Saturday. For a schedule of the workshops, consult the accompanying agenda. On Friday, October 12, Jane Slaughter, writer for the Detroit based labor newspaper Labor Notes, will speak on concession bargaining. Ms. Slaughter will speak on Friday at 2:00 p.m. in the Law School Faculty Lounge, Room 545, O'Brian Hall. Thefull day conference scheduled for Saturday includes such speakers as Randy Barber, coauthor of "The North Will Rise Again," a book on the use of pensions as a potential source of union power; Assemblyman Frank Barbero; Arthur Eve, Deputy Speaker of the New York State Assembly; Dr. David Perry and Ron Meltzer of SUNY Buffalo; and Lillian Roberts, Commissioner of the Department of Labor. Local union leaders Lou Dudek of the lUE, Michael Kaney of the Boilermakers and John Haley of the UAW will also participate, along with other union and community leaders. There will be no charge for the conference; everyone is wel- come to attend. For information, call 883-7717. 12:00 p.m. Lunch 1:15p.m. AFTERNOONWORKSHOPS 1. Capital Flight Eugene Casraiff, UAWNational LegislativeRep. Bill Goldsmith, Cornell School of Industrial and Labor Relations Ron Meltzer, SUNY at Buffalo Political Science 2. Alternative Investment Strategies Randy Barber, People's Business Commission Lee Smith, Deputy Commissioner, N.Y.S. Dept. of Labor Michael Kaney, Boilermakers, Local 7 Ron Seeber, Cornell School of Industrial and Labor Relations Representative from Weirton in West Virginia 315p.m. AFTERNOON PLENNARY: NATIONALINDUSTRIAL POLICY Lou Jean Fleron, Cornell School of Industrial and Labor Relations Jeff Faux, National Center forEconomic Alternatives Randy Barber, People's Business Commission 4:15p.m. Concluding Remarks Entering Class Averages Lower continued from puge I Binghamton, Brandeis, the Unial number should fall even of Rochester, Notre versity further when this year's class is Dame, and Fredonia State Colcounted. lege. Still, while overall numbers of While the student body's unstudents continue to decline, the dergraduate roots are diverse, proportion of minorities and their home backgrounds are less women in the nation's includso. Crosby notes that 58 percent law schools are rising of this year's entering class coning. Crosby pointed out that of sider themselves Western New the 275 first years, 129 are York residents, while. 103 are women and 27 come from minor- from other New York State locaity groups, the percentage being tions and 12 are from out-of"more than we have had in the state. Crosby expects the dozen past." UB Law School's male out-of-state students to disapfemale ratio of 1.13 to 1 is one of pear by the time their second year the U.S.'s best, according to figbegins, not from academic attriEduures published by Barron's tion, but more from an economic cational Services. stimulus. "Most out-of-state stuAlthough figures for this year dents try to become residents as are still incomplete, Crosby bequickly as possible," she said. lieves that ÜB's undergraduate "The tuition is much less expendivision will again lead all sive that way." schools in number of Law stuCrosby said the Law School addents enrolled, with Buffalo State missions office is currently unCollege leading the SUNY Coldergoing a study on the current lege system and Cornell and class's age range. "The ages of Canisius at the top of the private our students has always been university list. "We have historivaried," she explained. "Applically received," Crosby emcants are not exclusively in the — , phasized, "many good applicants from Cornell." Other schools traditionally making a large contribution to the Law School's student body include early to mid-twent]ies range." The most notable/prospective student age-wise, Crosby noted, was a 72 year old, who was, how- ever, not accepted. Public Execution continued from 2 guished individuals, we should do it right or not do it at all. First and foremost, the execution must obviously be public, regardless of the means chosen to carry it out. What better way is there to show you mean busi- ness? style of killing is no more cruel than any other, as it kills as as quickly and painlessly methods now in use. One swift chop and the job is done. If this thought makes the citizenry squeamish and queasy, well, isn't that the idea? As for being unusual, decapitations have been used by executioners for centuries. Once again, those in favor of capital punishment and those who oppose it will love Those that believe in execution for its deterrent effect would get the widest possible exposure for their audience. Let the potential criminals see for themselves the the effect it has on their respecpunishment that awaits them. tive target audiences. For those that believe that the Making Executions Beneficial death penalty is a barbaric anachto Society ronism, nothing could be better the state can take life, if Lastly, their sense of to help promote outrage that such a punishment so too, can it give. Let us not perexists in a modern society. What mit that body sit in some basket on a stage for people to gawk at. better way to jar the collective conscience of a society then to The heart, kidneys and liver can now give new life to people in televise the spectacle of such inhumanity? Both the political left desperate medical straits. There are many quarts of blood in a and right (of which so many need to categorize each other as) human being, as well as eyes and would easily agree that there is arteries that can rejuvenate no better time than prime time otherwise incapacitated individuals. Just think about how many to mete out the sentence. lives can be saved from just one Making Executions Graphic body. Just don't tell the recipient where you got the parts from. Secondly, this business about If the state is going to step in got go. has to quiet executions as God, shouldn't they do it right? Bring back the guillotine! This Avenue -I £39 < : ■ Si3S-SS*3~7' — ~"—■■■■■» October 9, 1984 Opinion 5 �Alfred E. Neuman: Third Party Candidate Editor's Note: The following political commentary was submittedby Robert W. Taylor of Bill Reed & Associates, Inc. , mistake. The people don't need money, the government does. The people will just blow it on things like food and clothing." Paulsen reminded the audiCLEARWATER, Fla, May 7 that solutions are not the ence Alfred E. Neuman today ananswer. Commenting on panounced his candidacy for the triotism, he said, "you hear a lot MAD Party nomination for presiof unpatriotic talk that America dent of the United States. He was has lost its edge in mediocimmediately challenged to a derity bull feathers." bate by Pat Paulsen, perennial candidate for president, who On sex education he summed — attended the press conference. Calling for less campaign rhetoric as one answer to air pollution, Neuman vowed not to promise a thing. He claims he made all the promises in 1980 that his opponents are making now. "Do you realize the country is on the brink of ruin?" he asked. "Elect me and I'll finish the job. Amid all the uncertainty, I offer a clear voice of indecision." Neuman will conduct a nation- wide write-in campaign with the slogan, "You could do a lot worse, and you always have!" He stated, "I don't have any new ideas ... I just recycle the old ones." "If elected, I will pattern my administration after that of the man I consider the greatest president we ever had, William Henry Harrison. He served only 31 days." Neuman declared his opposition to urban blight by demanding that each political candidate be responsible for removing all his campaign posters after the election. During the ensuing debate between the two candidates, Paulsen, as standard bearer for the Straight Talking American Government (STAG) Party, outlined his position on a number of important issues: Regarding proposed tax cuts, he stated, "Cutting taxes is a big .. up his feelings by declaring, "I am opposed to sex education in schools. Let kids today learn it where we did in the gutters." If elected, Paulsen said he would not permit an open door policy for the press. "I don't go barging into newspaper offices to find out what's going on. If the press is so anxious to know, let them read the papers like everyone else." Paulsen admitted that he is a controversial political figure. Not just another pretty face, he stated that he's revered for his wisdom, his insight and his physical condition. He took credit for increasing the awareness of physical fitness: He said he not only climbed the highest mountain in Kansas, but also ran the Boston Marathon in a mere 71 hours and 35 minutes, being edged out by the winner by a narrow 69 hours. "I want to reach the people," Paulsen proclaimed. "I want to hear theirinner thoughts, soothe their wounded pride. But most of all I'd like to make a buck; why should I be different from any- — body else?" In spite of his past political de- feats, Paulsen has once more tossed his hat in the ring because, he said, "I think I'd look nice on a dime." During the debate, Neuman clarified his position on various key issues: Alfred E. Neuman, assisted by campaign worker Susanne Matthews, announces his candidacy for president of the United States. Neuman will conduct a nationwide write-in campaign with the slogan, "You could do a lot worse, and you always have." The peacetime draft. "I will raise the draft age to 65 and remove the exemption for legislators. If they know they have to serve, they won't be so quick to go to war." rights. "Every Women's woman should be given the same treatment as every man. And every man should have the right to say he has a headache." The deficit. "I never worry about trivials." Foreign affairs. "I don't care what my opponents say, there's no truth to the rumor that I've been dating Koo Stark." The Republican Party. "The Republican Party has a program to solve all the problems of 1926, in case that year e»'°r comes back." The Democratic Party. "The Democratic Party offers hundreds of programs to. benefit those who are willing to vote, but not willing to work." The energy crisis. "Every time OPEC raises the price of oil, we should raise the price of Coke and Pepsi overseas." Urging the American people to "vote mad" and support the Write-in Neuman (W.1.N.) ticket, Alfred declared, "Sure I'm dumb, but tell me something smart that the others have done!" Neuman for President T-shirts, bumper stickers and write-in ballots are available. For information write to: Alfred For President, 2080 A Calumet Street, Clearwater, FL 33575. . . . by Victor J. D'Angelo Poetry Corner Army Jag by Victor J. D'Angelo Gotta get a hair cut, gonna look real sharp, Cause I'm interviewing with the Army. Lt. Vie will bark the commands, "OK you reds, put up your hands!" Life in the army at $24K, Who knows, If I like it, I just might stay. An M-16 for me to keep, Send Ma a picture of me in a jeep. Ronald Reagan as my Commander-inChief, When he comes to visit, we'll share a plate of toast and chipped beef. they say war is hell, But the JAG Corp sounds swell, where do I sign. Opinion 6 October 9, 1984 Studying What am I doing here, when I could be home drinking a beer, and watching the A-Team. I didn't get Springsteen tickets and the library's real hot, Think I'll go out with Katz and Pleskow, and drink a whole lot. Some girl with red lipstick keeps giving me the eye, She's staring at me, somebody tell me why. (must be my Springsteen 78 tour T-Shirt) �Vedge's Law Vedge's Law . . . by Cliff Falk by Cliff Falk October 9,1984 Opinion 7 �. . .. ty Cliff Falk Vedge's Law PAD Welcomes Its 41 New Members Bradford Anderson Anne DiMatteo Bruce Lieber David Rychlik Miriam Bandes Irene Fassler Kenneth Marvald Jennifer Sanders Steven Baum George Faust James Meserve Richard Saraf Margot Bennett Cindy Fenichel AmyPanepinto Victor R. Siclari Lisa Bernhard Celia Garelick Kathleen Peterangelo Donna Smith Julie Brett William Golderman David Piatt Michael Smith George Brooks Gregory Jackson Martha Post Brian Ton Janet Cohen Lawrence Krause Pamela Pyle Karen Urbano Marcy Cohen PaulKullman Barbßabinowitz ElisaWareham Bonnie Daniher-Berger John Lapiana Debraßosenband Willie Wheaton Robin Rosenberg BE A PART OF YOUR NEWSPAPER Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 342, 754, 529 or 349. 8 Opinion October 9, 1984 �Public Interest Law Career Advisor Assists Students Who Seek Non-Traditional Legal Jobs by Jeff H. Stern It's no secret that a majority of law students covet high-paying jobs with private firms and large corporations. But many others prefer public interest work, which they view as more socially just and honorable. Students in the latter category may in thefuture find it easier to get jobs, thanks to Lionel Rigler. Rigler, a second year law student, was recently selected from a group of applicants to fill the newly-created position of Public Interest CareerAdvisor. Working under the auspices of the Career decided that there was a need to help students find jobs in the public interest and in government areas." Previously, the Career De- velopment Office had come under criticism for not devoting sufficient attention to these fields. Types of Public Interest Jobs Rigler says that public interest jobs fall within three broad categories. First, there are the social action organizations, which reasoning and clear writing are recognized as valuable. "People decide during the course of going to law school thatlaw may not be for them, and maybe they have invested too much to drop out after their second year," Rigler notes. These students are looking to pursue other areas in which their legal education and law degree can be advantageous. "The field is potentially tremendous," Rigler says. include the ACLU, NYPIRG, Future Plans NAACP, Legal Services, as well Rigler has a variety of ambias other non-profit groups dedicated to vindicating the legal tious strategies mapped out to rights of minorities, women and help law students locate these various public interest jobs. One the poor. update and expand the Second, "public interest in- is to related fields. Development Office's Career cludes all different types of government jobs, federal, state and public interest and government library. Qualified for the Job is to conduct local.. That could be working seminarsAnother on how to get these From all appearances Rigler is in the corporation's counsel ofjobs, and to invite alumni and well suited for the job. He brings fice; it could be working in the local lawyers currently working to it an extensive public interest District Attorney's office; or it background in labor relations. could be working for a state in public interest areas to come to the law school and speak on Prior to attending law school he agency like the Department of the subject. Rigler also hopes to spent seven years working as an Human Services or Labor, or for maintain a rapport with, local organizer for various labor a whole variety offederal governpublic interest employers and to unions as well as a fieldexaminer ment agencies." to interview Finally, there are jobs in what encourage them for the National Labor Relations here more frequently. calls "non-traditional, lawBoard. Moreover, Rigler speaks Rigler Rigler plans to meet periodiabout his new job with an en- related areas." These jobs can be cally with faculty, alumni and stuthusiasm and eagerness which in public relations, interest group dents with summer public interlobbying, school administration befit the position. est experience "to find out what "There are quite a few people or virtually any other area in contacts they have and to filter who are interested in public in- which a student may be in- that to the students." He also terest work," says Rigler. "This terested. These are not jobs as strongly encourages interested position was created over the actual lawyers but ones where students to participate in the course of la.st year when it was the lawyering skills of analysis, Development Office, Rigler's 20 hour-per-week job is to help law students seek out employment in public interest areas, government and "non-traditional" law- . Public Interest Forum which will be held at New York University in early February. "For the first time we will be a full participant (of the Forum), which means that we will be able to have students interview with the public interest employers that go there." .. Rigler emphasizes that students should not panic if they have not yet seen public interest jobs posted on the CDO bulletin board. "Most public interest hirthose ing is done in the spring people, when they do interview, will be coming here in the spring, and sometimes the hiring does not happen until April or May." Students with any questions or suggestions whatsoever concerning public interest employment should definitely go speak with the very approachable Rigler in his office in Rm. 627. "I really want to encourage students to come in and tell me what areas they're interested in and what I should be looking for If there are employers that they're aware of that might be interested in interviewing at the school, or if there are people that they want .. to interview with that we haven't approached, I want them to come to me," Rigler enthusiastically urges. The Opinion's publication schedule for the Fall Semester of 1984-85 is as follows: Copy Deadline Late Copy Deadline Date of ** Publication Tuesday Thursday 8:30p.m. October 16 12:00noon October 18 Tuesday October 23 Tuesday Wednesday Saturday Wednesday (humor) October3o 8:30p.m. October3l 12:00noon 25:6 Monday Tuesday Issue 25:5 ONION Monday October 15 Novembers 8:30 p.m. 25:7 Monday November26 8:30p.m. * Layout 7:00p.m. 12:00noon Thursday November 6 NovemberB 7:00 p.m. 12:00 noon Tuesday Thursday November27 November29 12:00noon 7 November 3 November ay Tues^ November Id lo nl^hL^/i uecemoer^ 7:00p.m. * Late copy accepted only upon prior notice. ** Layouts will take place in The Opinion office, Room 724 O'Brian Hall. October 9, 1984 Opinion 9 �Constitution Airs on PBS J V. continued from page 4 Pincham, Judge, Cook County Circuit Court; and Jody Powell, Host; W.J. Estelle, Former DirecPress Secretary to President Cartor, Texas Department of Correcter. tions; Gerald R. Ford, Former Other participants include President; Frank, Barney U.S. Charles Rangel, U.S. RepresentaMax Representative; U.S. tive; William Raspberry, The Frankel, New York Times; WillWashington Post; Dan Rather, ard Gaylin, M.D., Hastings CBS News; Diane Ravitch, ProCenter; David Garth, Political fessor, Columbia University; Consultant; Michael Gartner, William Reynolds, Assistant AtDcs Moines Register & Tribune; torney General, Civil Rights; Rudolph Giuliani, Former U.S. Frank Rizzo, Former Mayor, Associate Attorney General; Philadelphia; Roger Rosenblatt, Ellen Goodman, Boston Globe; Time Magazine; Jack Rosenthal, Fred Graham, CBS News; and New York Times; Loren Roth, Meg Greenfield, The Washington M.D., University of Pittsburgh; Post. Van Gordon Sauter, CBS News; Also participating are Edward James Schlesinger, Formerly DiHammock, ChairrnaVt; New York rector, C.1.A., Secretary of DeBoard of Parole; State Orrin fense; Brent Scowcroft, Lt. GenHatch, U.S. Senator; Milton eral; Albert Shanker, United FedHeifetz, M.D., Cedars-Sinai Mederation of Teachers; Alan ical Center; Antonia Hernandez, Simpson, Senator; Howard U.S. Mexican American Legal DeSimons, The Washington Post; fense Fund; Theodore Hesburgh, Gloria Steinem, Ms. Magazine; President, University of Notre Thomas Stoddard, New York Dame; James Hoge, New York Civil Liberties Union; Alan Stone, Daily News; Shirley Hufstedler, M.D., Professor of Law and PsyFormer Secretary of Education; James Harvard; chiatry, Brit Hume, ABC News; Henry Thompson, Governor, Illinois; Hyde, U.S. Representative; Richard Thornburgh, Governor, Bobby R. Inman, Former Deputy Pennsylvania; Edwin Torres, Director, C.1.A.; Jacquelyne New York State Supreme Court Jackson, Professor, Duke UniverJustice; Jack Valenti, Former sity Medical Center; Nancy Special Assistant to President Kassebaum, U.S. Senator; Irving Johnson; Patricia Wald, U.S. Kaufman, Judge, U.S. Court of Court of Appeals; Bryan Walsh, Appeals; Laura Kiernan, The Catholic Charities Archdiocese of Washington Post; Joan DempMiami; Benjamin Ward, Police sey Klein, Presiding Justice; Commissioner, New York City; California Court of Appeals; EdBen J. Wattenberg, American EnYork ward Koch, Mayor, New terprise Institute; Glenn Watts, City; Irving Kristol, Editor, The Communications Workers of Public Interest; Steve Kroft, CBS America; William Webster, DiNews; Jim Lehrer, The MacNeilrector, Federal Bureau of InvestiLehrer News Hour; Ann Lewis, gation; and Tom Wicker, New Political Director, Democratic York Times. National Committee; Anthony Following are the titles and Lewis, New York Times; John Lindsay, Former U.S. Represenprobable dates of each program tative; Richard Lugar, U.S. Senain the series, "The Constitution: tor; Carol Mansmann, Judge, That Delicate Balance." U.S. District Court, PennsylOctober 9, Criminal Justice Guillermo vania; Martinez, and a Defendant's Right to a Fair Miami Herald; Scott Matheson, Trial; October 16, Crime and InGovernor, Utah; Frank McGarr, sanity; October 23, Crime and Chief Judge, U.S. District Court, Punishments; October 30, CamIllinois; Mario Merola, Bronx paign Spending: Money and Media; November 6, National County District Attorney; BarSecurity and Freedom of the bara Mikulski, U.S. Representative; Abner Mikva, Judge, U.S. Press; November 13, School Court of Appeals; Bill Moyers, Prayer, Gun Control, and the CBS News; Daniel Moynihan, Right to Assemble; November U.S. Senator; Edmund S. 20, The Sovereign Self: Right to Muskie, Former Secretary of Live, Right to Die; November 27, State; Jack Nelson, Los Angeles Immigration Reform; December Times; Eleanor Norton, Equal 4, Affirmative Action Verses Reverse Discrimination; and DeEmployment Opportunity Commission; Dallin Oaks, Utah cember 11, Federalism: The Supreme Court Justice; Eugene National Government Verses the PASS WITH PIEPER The Pieper seminar is now the hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: Richard Eric Gottlieb Richard Schaus Joseph D.Coleman Penny Rubin Deborah H.Williams S r LAW ALUMNI ASSOCIATION STATE UNIVERSITY OF NEW YORK AT BUFFALO YOU ARE CORDIALLY INVITED TO ATTEND A gathering of Alumni, Faculty and Third Year Students for a WINE & CHEESE PARTY States. • THURSDAY, OCTOBER 18, 1984 4:30 —6:00 P.M. POSITION AVAILABLE . Business Manager of The Opinion Solicit advertising and manage the finances of a major SBA organization! All Law Students Eligible to Run ELECTION AT 7:00 pm| THURSDAY, OCTOBER 11th IN THE OPINION OFFICE — Room 724 Opinion 10 October 9, 1984 at THE CENTER FOR TOMORROW, AMHERST CAMPUS RSVP: Room 319 O'Brian Hall 636-2052 Provost Announces Search Procedures the heavy work load of the average law student, these schedule reflect the needs, wants and changing attitudes of a student body would include: (1) two stu- conflicts are more likely to occur. We assured the faculty and the dents on the Dean Search ComProvost that two students would mittee (one first year, one upper not hamper the Committee nor class person); (2) allowing candilessen the effect of the faculty dates returning for a second inmembers' insight and wisdom. terview to meet with students inThe Provost responded by sayformally; and (3) accepting writing, "I'll have to think about ten comments from the students that." The student body needs who met with the various candiassured and active representadates, at the Committee level tion on this Committee and it is (this can be accomplished by this writer's belief that one stuhaving the two student commitdent is insufficient. tee members collect, copy and The requirements for a Dean distribute the comments to the Search Committee which would committee). It is in this manner continued from page I that the students can have a real voice in what may prove to be the most important event in our three-year stay at U/B Law. As of the deadline date of this publication, Provost Greiner had not yet contacted the S.B.A. as to his decision whether or not to permit two students on the Dean Search Committee. Once the S.B.A. has the Provost's answer, it will include the(se) position(s) with the committee interviews to be held the week ofOctober 15th. If interested, please leave a note along with your mail box number in Box 563. �I I I I I I I I I I I I I I I I Taking the bar exam can be an exhausting, prolonged and anxiety-producing experience. You will probably never again take a test as comprehensive and important as this one. Although the bar exam will never be easy, with BRC on your side it can be made a more humane and tolerable experience. Our testing, lectures and materials are designed to give you all the information that is necessary to pass the exam with emphasis on conciseness and brevity. Our specialized services allow you to tailor the course to meet your individual and unique needs and strengths. No other bar review service can match the substance, security and convenience that BRC provides. Find out more about us. The more you know, the more you will want BRC on your side. \ — I I I I I I I I I I *? & s •$«^ ■ ■ ft I I I I I I JOSEPHSON BAR REVIEW CENTER OF AMERICA Street, Suite 1206, New York, NY 10010, (212) 344-6180 New York Regional Office: 10 East 21st October 9, 1984 Opinion I M 11 �Crenshaw Takes to Public Tennis Courts In Deceptively Less-Than-Competitive Fashion long time. Maybe he came down with Steno Elbow. by Pudge Meyer VII. I weaseled into my office the next morning, doing my best to avoid Crenshaw at all costs. I knew he had to be in the court room at 9:30 A.M. I got M.C. on the intercom. morning, "Good Pudge. What's up?" "I was just wondering how you made out with Crenshaw's summation." Everyone called him Crenshaw. "It's really up to Crenshaw now. Depends on how well he knows it. Lucky he got home early last night. Didn't you guys play tennis last night?" "Don't you know?" "He plays so often that I never bother asking him how he did Half tne time I don't even know who he plays with." "Then he didn't say anything?" "What about?" here's Jergens, gotta "Wup go." That was easy enough. But I was starting to wonder just how good a player he might be. I pictured the two of us on the — .. court ... VIII. My daydream was interrupted as Chief A.D.A. Leibowitz walked right in to my office. Some nerve. "Steve, if you're not too busy, I have some things for you to do. Try to get to them in the morning. I don't know if you knew that this afternoon we're having a party." I thought to myself, how nice; a little get-together to welcome their new intern. "Who's it for?" "The office stenographer is retiring, after twenty-two years." Twenty-two years, not such a I read what Leibowitz had left for me. Then I stared at the wall in disbelief. Here were the facts: A man was driving on a rural road in Weedville when a blue Chevy, attempting to pass, sideswiped him, causing both cars to go off the road. The defendant allegedly ran into the woods. The driver of the first car, Mr. Watkins, limped 300 yards to the nearest residence, which happened to be the home of Leibowitz' uncle, Sol Schrapp. The police were called. Mr. Watkins' leg was bleeding, so Mr. Schrapp took him in to the bathroom to get cleaned up. Soon after, the police were at the door, it was Officer Reidel. "You must be Mr. Watkins. Where was the accident?" "What are you, blind? It's right out there." Officer Reidel looked outside, and scratched his head. He walked to the road and shouted back, "Would you mind limping over here for a sec?" As soon as Watkins reached the first step, he let out a yell. Both cars were gone. A man was staggering around the roadway. The Officer began questioning this man, who was apparently drunk by anyone's definition. There was one set of skid marks on the road. The car that made the marks had a wheel base equal to that of the Omni that Mr. Watkins says he was driving. The drunk made some statements, including that his car was just stolen and that it wasn't really his car. Watkins had taken down the license number, which was traced to a Morgan Philistine of Muncie, N.Y. who had reported her car stolen five months earlier. The drunk, later found out to be Chip Bapin, also stated that he had not been in an accident. It was at that point that Officer Reidel arrested him for Driving While Intoxicated. The question is whether there was probable cause to arrest. I felt like I wanted to go home. IX. Camille came flying into my office. "Quick, Steve, we're about to surprise Mr. Dresser, the stenographer. C'mon, into the grand jury room." We went in. There must have been fifty people in there judges, all kinds of lawyers, and even some regular people. It wasn't long before we all yelled, "SURPRISE" and headed for the food. I ran into Crenshaw by the nachos. He that summations explained would be tomorrow; but since he was all ready to go today, he suggested that we try to get together this afternoon for the showdown. "We can even leave early. I can only eat so many nachos." "I have to tell you this, but we'll have to make it some other time. I already have a game lined up for today." I could see that he wanted to get angTy with me; but he realized that wouldn't be fair, he told me that he could find someone else for this afternoon; we agreed to play tomorrow. — X. I got to the courts with my op- ponent at around 4:35 P.M. Two courts down I noticed Crenshaw. Behind him on a bench was an Adidas bag the size of my best suitcase. thought I couldn't be sure, but I spotted four racquet I handles. I was sure that, judging from the dull gleam of black graphite, the racquet in his hand retails for at least $150. I looked Jaeckle Center s Luncheon Program Off to Good Start U.B. Law School AlumnusRich Tobe was the guest of honor at the first box luncheon of the sponsored by the Jaeckle Center on October 3, 1984. To a small, but highly interested group of students and faculty, Rich achieved the nice blend of merging a prepared talk with a dialogue with his audience. His presentation of the role semester of a lobbyist in Albany contained a few surprises, among them that much lobbying is done by local governments as well as by private interest groups. You are welcome to listen to an audio tape of the session in the A-V Executive, Marie Richardson, at 12:15p.m. in the Faculty Lounge, Room 545. With the current state of fiscal affairs in Erie County it should prove to be a lively discussion. Come on along with your quesDepartment. tions about the budget process The next luncheon is on and concerns about government October 17th when the Jaeckle leadership at the county level! Center hosts the Deputy County down to my left hand, which was wrapped around a five-year old — • Informal Box Luncheons (Bring your own) 12:15 P.M. Faculty Lounge, Room 545 — Wednesday, October 17— Marie Richardson - Deputy County Executive Topic: Erie County's Fiscal Crisis Monday, October 29— William B. Hoyt New York State Assemblyman The Role of the Legislature Topic: Many thanks to all who completed the Jaeckle Center's questionnaire. The speakers have been chosen according to the interest expressed in those responses. Any other suggestions may be give to Cleo, Room #319. - 12 Opinion October 9, 1964 — Wilson T-3000 I had gotten it on sale for thirty-five. I started to play. It's not easy yes, that Crenshaw is a cutie. Then I remembered what M.C. returning a 90 MPH serve while watching someone else play. I had told me that morning: she caught 2 of them right where it doesn't even know who he plays with half the time, because he (usually) hurts which is preplays so often. Well, anyone who cisely why I always wear a proplays that often will be better tective cup when playing comthan what he was showing me. petitive tennis. It all became clear either he notice that help couldn't the I play two courts down was not was setting me up, or he's been what I would call competitive. I playing more than tennis five afwas this a ternoons a week wondered To be continued. — .. .. . — Pudge's Corner Pudge Forecasts Upcoming Fights by Pudge Meyer have the net effect of postponing the inevitable. Hagler, KO in 9. Bonecrusher Smith will be very interesting to watch in his November fight with Larry Holmes for the Real World Championship. Coming off a mild upset win'over Britain's undebusy, needing upwards of fifty feated Frank Bruno this summer, stitches on his face. Hagler sliced the Bone has capitalized on the him as if someone at ring-side chaotic state of the Heavyweight ordered a "quarter-pound of Division to sneak in against Hamsho, sliced thin." Hamsho Holmes. At age twenty-nine. refused to fight in Buffalo, beBone realizes that a bad loss here cause sometimes he bleeds on a could end his career. Is he hunwindy day. gry? Yes. He is the classic unHamsho should make Hagler known, a la Rocky. The outcome work harder than last time, but it can never be too certain when a will still be an easy victory. When big man like Bone gets into the it comes to defense, Hamsho is ring. He should provide Holmes the Tex Cobb of the Middlewith all he can handle. Holmes, weight Division. His strategy for TKO in 11, or unanimous decithis fight should be to get inside sion. with a quick combo, and get out The less said about Cooney, and away. This strategy should the better. Mustafa Hamsho will get his second crack at the World Middleweight Championship on October 19, 1984 at Madison Square Garden. Last time Hamsho fought for this title, he kept the boys in the emergency room PHILIP ALSTON — Lecturer, Harvard Law School Nations Centre for — United Human Rights Topic: Schedule of Events October The Jaeckel Center for State and Local Government Law psychological ploy on the part of Crenshaw? He always plays at the Club but today he decided to play at the town courts. Yes, "The Third World and International Economic Law" and "Careers in the United Nations" Date: Wednesday, October 10, 1984 Time: 12:30 P.M. Place: Room 210,0'Brian Hall There will be a reception afterwards in the Faculty Lounge, Room 545, O'Brian Hall. Sponsored by the InternationalLaw Society, Mitchell Lecture Committee, and Public International Law. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c1f9dd7977c738cb4afaf3aa67c52e8.pdf bcdc78271cd0b627921f9d5e9e982d87 PDF Text Text Vol. 25 No. 5 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Koren Center Dedicated; Facility Enhances Library by Randy Donatelli The M. Robert Koren Center For Clinical Legal Education was officially dedicated on Friday, October 5, 1984. Located on the library's fifth floor, the five room facility provides students with the opportunity to utilize videotape apparatus to improve oral advocacy skills. The largest of the five rooms can be used as a courtroom and has space for spectators. Dean Headrick hostedthe ceremony which was attended by fifty guests, including law school professors and local attorneys. The Dean praised Mr. Koren for his lengthy and distinguished record of service to the school photoby Victor ft Siclari and for "quiet, effective and re- man in 1981 by appointment from former Gov. Hugh Carey. Law School Alumni Association. sponsible accomplishments." M. Robert Koren, a prominent Mr. Koren has received DistinActing Library Director Ellen local attorney, is a memberof the guished Alumnus awards from Gibson described the Center as U.B. Council and became chair- both the University and the U.B. continued on page 6 October 23, 1984 Greiner Capitulates on Dean Search Demand The Opinion has learned that Provost William R. Greiner has capitulated to demands that he include more than one law student on the Dean Search Committee. As reported in the last edition of The Opinion, Greiner had intended to place only one student on the committee. (Refer to SBA article in this issue, page 4.) In an interview with Student Bar Association President Richard Gottlieb, The Opinion was informed of the following: 1) Two full-voting students will be appointed to the Dean Search Committee by Greiner. 2) Greiner will select those students from a list of four students chosen by the SBA Board of Directors. The SBA has presented the list to Greiner in ranked order. The students are, in order of SBA preference: 1) First year student Greg Jackson, 2) Third year student Steve Wickmark, 3) Second year student Nancy Barshter, and 4) Second year student Joe Rifkin. The selection of these four students was based on interviews conducted by the Board of Directors of the SBA. Moot Court Competition Is Proceeding Smoothly by Peter Scribner Approximately fifty teams of two students each are participating in this year's Charles S. Desmond Moot Court Competition. Each team has until next Wednesday (October 15) to complete the legal brief on this year's problem. The brief writing exercise is the first half of the Moot Court Competition. Oral arguments commence November 5. The 1984 problem involves a cable television company in the symbolically named State of Orwell. The State government (led, needless to say, by Governor Brothers) is requiring the cable company to provide four public access channels. In a related case, the FCC is requiring all cable companies to provide public access channels to police them for pornography. The cable company is challanging both the state law and the FCC regulation. Competition teams may choose to write briefs either taking the cable company's position or defending the state and the FCC. The Moot Court Board's efforts to assure that plenty of research material is available in the library seems to be paying off. "We've had very few problems so far," said Mary Aramini, Board Director, after the brief writing period was half over. Like other Moot Court contests that are set in a fictitious state, most of the research material involves federal cases and statutes. At the completion of the brief writing phase, all the briefs will be available for examination in the Moot Court offices. This allows participants to examine opposing briefs before the oral arguments begin. At that time, the Treasurer of the Moot Court Board, Steven Berkowitz, will hold a workshop to go over the details of the oral argument sessions. The preliminary oral argument rounds will take place over a three night period beginning Monday, November 5. Fifteen rooms in O'BrianHall and nearby buildings have been reserved for the arguments. Panels of three to five local attorneys and judges will act as the United States Supreme Court in hearing the arguments. Over 400 volunteer attorneys are needed to staff these panels. Most have participated in the Desmond Competition beforeand many are U/Balumni. Each team will argue a total of three times (once each night), and will argue a position opposite to that which they took in their brief at least once. Participants will be rated by the panel individually, and will be scored depending on the effectiveness of theiradvocacy, not on whether the panelist agrees with the legal position advocated. The two opposing teams will split an hour of "court time" to make their presentation. Student Moot Court Board members will act as court clerks and keep time. Afterwards, the panelist will score the participants, and may offer comments on the process. There will be two rounds of arguments on each night of the preliminaries, one beginning at 7:00 pm and the second beginning at 9:00. Visitors are welcome. After thefinal round of preliminary arguments on Wednesday night, November 7, all participants repair to the Scotch and Sirloin for serious relaxation while the Moot Court tabulates the last scores. At that time the eight teams who will go to the quarter finals will be designated. Winning scores are based 40% on the team's brief and 60% on the results of the oral arguments. The team pairing for the elimination rounds is traditionally done by a seeding system, similar to a tennis match. On Thursday night, the four quarter-final rounds take place in O'Brian Hall. The winners (based exclusively on the oral argument score) go on to the semi-finals the next night and the finals on Saturday afternoon. Presiding over the panel of judges in the final round will be Charles S. Desmond, namesake of the competition and former Chief Judge of the New York State Courtof Appeals. His fellow panelists include Judge Machew Jason, currently serving on the Court of Appeals; Michael Dillon, there will be a cocktail party in Chief Judge of the Fourth Depart- the faculty lounge following the ment Appellate Division of Su- final round and all in attendance preme Court; Delores Denman, are invited. another Fourth ■ Department On Saturday evening, NoJudge; and Thomas Headrick, vember 10, there will be an Dean of the Law School. The final awards banquet held at the Syraround is scheduled for 2:00 in the cuse Restaurant, sponsored by the U/B Law School Alumni AsMoot Courtroom. sociation. There is no admission All the elimination rounds are charge for participants and open to the public. First year stuclerks. At that time, the semi-final dents who may be interested in and final round awards will be participating in the Desmond presented, as well as special next year are especially urged to awardsfor the top five briefs and attend. As a further inducement. oral arguments. Legislative Aide Speaks on Lobbying Tactics by Victor R. Siclari On October 3, 1984, Richard Tobe, legislative aide to New York Assemblyman William B. Hoyt (D-L, 144th District-Erie County), was guest speaker at an informal box luncheon sponsored by The Jaeckle Center for State and Local Government Law. It was the first of many hour-lortg luncheons to be held in the Law Faculty Lounge, Rm. 545. Richard Tobe, a U/B Law alumnus, spoke about lobbying in the state legislative arena as law school Dean Thomas E. Headrick, several law professors and about ten students listened on and directly participated in the presentation by questioning Tobeabout their areas of interest. Working in Albany since 1974, Tobe has been involved in 59 bills which have become law. He described the legislative process as one in which 150 assemblymen and 61 senators meet in two-year sessions. During the period, approximately 12,000 bills are introduced and about 2,000-3,000 votes are cast each tantly, the lobbyists function as year. adversaries to one another Lobbyists are integrally related thereby placing the legislature in to this process, according to much the same position as a jury Tobe. They provide the expertise or judge, deciding which lobby and pressure in drafting the group has the argument with the "ideal bill." However, Tobe uses most merit. the term with some sense of reBecause of the importance luctance because no bill is ideal lobby groups play in the legislaper se. Instead, the success of a tive process, every division of the bill depends upon the ability of state government (city, county, the legislatures to accommodate town, village and school district) the conflicting interests of has a lobby group. Most prominent is the lobby group which lobbyists. Tobe points out that the legis- represents New York City. It is lature must first identify the staffed with five full-time profesgroup they must pacify. Often, sional people who have direct actrying to sneak by a bill which cess to many legislators. The asaffects certain groups backfires sociation of counties is another and causes a standstill. Instead, strong lobby group. Tobe points he recommends the better goal out that these lobbyists often of involving the lobby groups in earn their cost of office simply the process from the start. by the savings in the bills they Exchange of information beblock. tween the legislature and lobbyOnce Tobe was finished with ists is mutually beneficial, says his preliminary presentation, he Tobe. It allows a fast access of opened up the floor to questions information to the legislature from the audience. Following are and lets the lobbyists know more the questions asked and Tobe's about the bill so they have a bet- responses in paraphrased form. ter picture of it. Most imporcontinued on page 6 �Vol. 25. NO. 5 October 23,1984 Edltor-ln-Chief Bob Cozzie Managing Editor Victor R. Slclari Randy Donatelli News Editor: Features Editor: Andy H. viets Business Manager: John K. Lapiana Photographer: Molly Mahany Staff: Robert Mark Bursky, victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul Kullman, Pudge Meyer, Peter Scriber, Jeff H. stern. w. Layout: Tim Bun/id, Pam Laidig. © Copyright 1984. The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the state university of New York at Buffalo school of Law, SUNYAB Amherst campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff of The opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The opinion is funded by SBA from student Law Fees. Composition & Design: Words & Graphics, Inc. Editorial: Business as Usual Political Commentary: Electoral College Is Defended the most by Randy Donatelli and Robert Marc Bursky Much ado has been made in recent years about a supposed antiquation of an institution as old as the Constitution itself the electoral college. Calls for reform have been urged by idealogues favoring direct democracy as a matter of principle, professing it to be a more equitable manner of electing Presidents, and groups typically associated with urban life standing to profit most from a change in — the current system. Arguments against retention of the electoral college almost always have as their foundation the moral principle of fairness. It is unfortunate that such positions are not cognizant of the traditional role played by the col- lege in ensuring fairness in Presidential elections, by preserving Once again, cries for adequate student representation in the essential nature of our fedthe administrative decision making process ring out within eral system, and giving voice to these hallowed halls of the Law School. The Student Bar As- a variety of interests otherwise sociation (SBA) has now raised its banner in the wake of Dean in danger of de facto disen- Thomas E. Headrick's announced resignation. Our student franchisement. In each election year since leaders have, apparently successfully, petitioned University 1960 there have been 538 elecProvost William R. Greiner to place two student representatoral votes. This total is comtives, rather than just one, on the Dean Search Committee. puted by adding the number of Those students will have status equal to that of the faculty U.S. Senators and Representaand staff members of the Committee.The SBA Board ofDirec- tives, plus three. There are two tors has argued that students will provide valuable input into Senators for each of the fifty the dean selection process. They cite a need for student in- states; House membership is set terests to be recognized and to play a role when the decision at 435 by federal statute; and the is made as to who will guide the Law School in the years to District of Columbia, pursuant to the Twenty-third Amendment, is come. While we admire the SBA Board of Directors for its quick entitled to a number of electoral and seemingly successful action in this matter, we question votes not exceeding the number assigned to the State with fewest both the procedure utilized for selecting student representaelectoral votes. tives to the Dean Search Committee and how relevant their The number of electoral votes input will be. in each state is the aggregate of The four potential student members of theCommittee were its U.S. Senators and Representchosen based on interviews conducted from October 15 atives, with the decennial census through October 17 by various members of the SBA Board of determining each state's allotDirectors. These interviews were held during the same time ment of U.S. Representatives. period that interviews for other positions on SBA committees This system gives the less popuwere conducted. While there were several signs posted lous states significantly more electoral votes per capita than around the Law School seeking applicants for the SBA committees in general, none specifically stated that the Dean Search Committee interviews would also be held at those times. The only places where it was advertised that the interviews would be conducted the week of October 15 was in the "Preparing young people for final paragraph of an article published in the October 9, 1984 global ressponsiblilty" is the edition of The Opinion, and notices on the SBA office door Eighth Annual and SBA bulletin board. It seems that this procedure could theme of the Statewide Law-relatedEducation have been better publicized. In addition, though we recognize Conference, to be conducted Octhe need for speed and organized student action in this matter, tober 24-26 at the Concord Hotel we question the SBA's monopolization of the selection pro- in Kiamesha Lake. cess. It is understood thatthe twenty-two students comprising The conference, a joint project the SBA Board of Directors are responsible for representing of the New YorkState Bar Associall eight hundred law students with respect to relations with ation (NYSBA) and the New York the University and Law School Administrations. One can won- State Education Department, will der, however, whether the somewhat clandestine and bring together educators, law enmonopolized choices made were more a result of getting the forcement officials, lawyers and legislators fromaround the state. "right" people on the committee rather than from any interest "Law-related education progin assuring student representation in general. It would seem rams illustrate how court decithe least the have done was to its publicize that SBA could sions have enlarged basic freecriteria for selecting its student choices for the committee and doms, how police duties collide then to state why it chose the students it did select. with personal rights, and how the This leads into our second problem with the Dean Search battle to achieve 'law and order' Committee which is a concern directedtowards the University clashes with individual freeand Law School Administrations. Facing reality, having two doms," noted Edward B. Flink of students on the committee which will consist of a total of Albany, chair of the bar's Comeleven individuals, regardless of those students' views, is not mittee on Citizenship Education. going to amount to much. We suspect that it will be business "This type of meeting deas usual as far as the Greiner-Schlegel duo is concerned with monstrates the public-private respect to the selection of the new Dean. Someone will be sector partnership which the fedfound who is willing to fall into line and defend the "Buffalo eral government has indicated is Model" to the death. As has become endemic to the Law essential to improving the qualSchool, any decision by the Administration is made with stu- ity of education," he said. dent interest being the least of all considerations. Greiner's Keynote presentations will be quick agreement to SBA demands for representation consist- made by U.S. Senator Daniel P. Moynihan and Dr. Roy S. Lee, ing of two students on the Dean Search Committee is just senior legal officer of the United to another example of gestures of appeasement made keep Nations. Moynihan will discuss Model" "Buffalo the student body quiet and happy, just as the the importance of teaching interForum conducted a year and half ago was. The selection of national law while Dr. Lee will the new Dean, we suspect, will be no different, and the per- outline the international scope of the rule of law. petuation of a failed experiment will continue. populous states. Each state and the District of Columbia is assured at least three electoral votes. Only then are the remaining 385.votes distributed to the several states according to popu- lation. Currently, the six states with the most electoral votes are: California, 47; New York, 36; Texas, 29; Pennsylvania, 25; Illinois, 24; and Ohio, 23. Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming, have the minimum number of three. These six states comprise 18 electoral votes and 4,000,000 people. Ohio, alone, has a population of 11,000,000, but only 23 electoral votes. This disparity serves to protect diverse interests of smaller states. Critics of the electoral college inevitably proclaim its unworthiness by citing the possibility that a candidate can lose an election while receiving more popular votes than the winner. This oddity is not an inherent defect in the system. Rather, our federal form of government is designed to check potential tyranny associ-. ated with bare majority rule at the national level. The Presidential election is not truly national; in fact, it is really fifty distinctand simultaneous contests where a candidate with the most popular votes in a particular state captures the state's entire share of electoral votes. This winner-takeall aspect renders the margin of victory in each state insignificant and contributes to a situation where a losing candidate can have more popular votes, nationwide, than the winner. Though the electoral college today functions primarily as a means of maintaining ourfederal system, it originated, and should continue to exist, precisely because we have a federal form of government. It must be remembered that, while the national government exists by virtue of constitutional grant, the Constitution itself became effective only with the consent of the states. Surely it can not be contended that sovereign states, in endorsing the Constitution, voluntarily chose to forego their identity for purpose of electing a chief executive. More likely, states wished to guarantee themselves a say in the federal election process so as to compel accountability to them by a level of government which might not otherwise deem itself so obligated. This takes on added meaning in view of fears expressed prior to ratification as to possible usurpation of state sovereignty at the hands of national government. Much in the manner that the Connecticut Compromise assuring each state an equal number of Senators regardless of its population—was neces- — sary to gather required support for passage, so too, was the electoral college. Failure of the founding fathers to provide for state participation in the general election would have virtually guaranteed rejection of the Constitution, since states with smaller populations would not have felt secure in ratifying a paramount document adverse to their interests. The electoral college remains the principal vanguard ofourfederal system. One need only examine the great diversity that exists across various regions of this country to realize we are not only a nation of people but of interests. Without the electoral college Presidential candidates would be preoccupied with urban voters, leaving little incentive to appeal to voters in rural areas. Since electoral votes represent people and states, candidates cannot afford to ignore the less populous states. Law Education Program Prepares Youth Opinion 2 otfob«r 23, 1984 The three-day conference feaDr. Eric S. Mondschein, directures more than 40 workshops tor of the State Bar's Law, Youth focusing on such diverse sub- and Citizenship Program, said, jects as using law-related educa- "This conference bringstogether tion as a tool to prevent juvenile individuals from many discidelinquency; driving while intox- plines and professions with the icated; international law and the common goal of improving the Regents Action Plan; the indi- quality of education. Law-related vidual vs. the state; and a com- education has been proven to be parison between the rights of an an effective means of developing accused in the U.S. and South Af- the critical thinking and analytirica. cal skills of students." Conference on Feminism — Women's role in society as measured by perceived moral rights and the law was discussed in a give-and-take lecture program on Friday, October 19, at-the State University at Buffalo called "Feminist Discourse, Moral Values and the Law: In Theory and Practice." — The program, free and open to in John Lord O'Brian Hall on the UB North (Amherst) campus as the Law School's annual James McCormack Mitchell Lecture. But unlike the traditional single lecture format of previous years, the day»long program featured four female experts paired in two "conversations," followed by an opportunity for audience particithe public, took place pation. The first "conversation," spot- lighted Mary Dunlop, a San Fran- cisco attorney and co-founder of Equal Rights Advocates, a public interest law firm, and Catherine MacKinnon, a law professor at the University of Minnesota and author of "Sexual Harrassment of Working Women." The moderator for this session was Isabel Marcus, Ph.D., an associate professor in the UB Law School. The second "conversation," brought together Carol Gilligan, an educational psychologist at the Harvard Graduate School of Education, author of "In a Different Voice" and Ms. Magazine 1983 "Woman of the Year," and Carrie Menkel-Meadow, UCLA professor of law. The moderator was Paul J. Spiegelman of the UB Law School faculty. A period of "Reflections," at which time members of theaudience were permitted to ask questions, followed. Ellen C. Dußois, Ph.D., an associate professor of continued on page 4 �Jobs Conference Addresses Economic Revitalization by Jeff H. Stern The Reagan Administration's vast cutbacks in human services programs, and the problems of Reagan Redirects NLRB Policy Slaughter also pointed out that under Reagan the National Labor Relations Board (NLRB) has become increasingly pro-management, which has caused an "erosion of the legal rights" of union workers. Slaughter said that during the past four years the Board cities, industry and labor were the focuses of a Saturday, October 13th conference on. jobs and economic revitalization at Mt. St. Joseph Academy in Buffalo. The conference, sponsored has become reluctantto reinstate by various labor unions and lib- workers fired for making safety complaints, or to force employeral public interest organizabargain with the unions, tions, consisted of talks and ers to required as by the Wagner Act. workshops given by prominent trend has led to "a privatizalegislators, labor heads, urban This planners and other community tion of justice," Slaughter said. Slaughter sees solidarity as the leaders. only possible solution to labor's On Friday, October 12, a day recent inability to obtain relief earlier, Jane Slaughter, editor of the labor news letter Labor from' its traditional sources, i.e., the bargaining table and the Notes, introduced the conferNLRB. Different types of solidarence to about 40 law students in ity include coordinated bargainO'Brian Hall's Faculty Lounge, ing, power on the shop floor and with a talk on concession barthe formation of a national labor gaining and union-management party. relations. In addition the labor party must look to other quarters for Employee Concessions Benefit assistance. "If we reach out to Corporate Executives other unionists, communities, Concession bargaining began the unemployed and our allies in during the 1980-81 recession, the Black, Hispanic and women's when union members agreed to movements, we can begin to reincur wage freezes and cuts as a build our strength," Slaughter temporary measure to save jobs concluded. and help employers earn fair profits. Labor leaders also exProfit Levels v. pected the prices of American Quality of Life products to become more comThe conference on Saturday petitive with imported products as a result of reduced costs to opened wtih an address by Dr. David Perry, Professor of Enemployers. But after the recession ended vironmental Design and Planning at U/B. Speaking to a and the recovery began it begathering of about 75 members came apparent that "the employof the community. Perry for concessions was ers' drives rooted not in solving their short- criticized the approach toward term problems, but in achieving economic revitalization currently employed by many cities. That their long-term goal of emasculating the unions," Slaughter approach, according to Perry, igsaid. Employers' demands for nores the needs of the disadvanconcessions continue today, taged people living in the city and even though major corporations focuses instead on increasing are experiencing an economic re- corporate profits in the area. covery. Moreover, said Slaugh"In terms of traditional ter, the money saved by employeconomicrevitalization Buffalo is ers on account of workers' conconsidered unhealthy because cessions went neither to save there'sbeen a decline in the overjobs nor to reduce prices, but all profit of the area, not because rather to the pockets of corporate the quality of life has gone down," Perry said. Under that executives. Meanderings: analysis "Buffalo would be considered 'healthy' if people take jobs that pay little, because the profit levels of the corporations would then rise." Perry criticized the city of Buffalo and others in the state for adopting that type of profit-oriented approach .. toward economic revitalization. In order for meaningful re- vitalization to occur, "we must critique the measure of profit as a measure of health revitalization and reindustrialization must touch the lives of people and improve social well-being, not just increase the overall profit of the region," Perry emphasized. So far, however, "American values of self-interest and materialism have inhibited socially benefical economic revitalization," he concluded. .. Andy H. Vietshas come down with a very severe case ofwriter'scramps and therefore his column does not appear in this edition ofThe Opinion. As everyone knows, however, a picture is worth a thousand words. improved system of public edu- economy and wages will be at cation could play in reducing minimum and if Reagan gets poverty. Eve said that the over- re-elected they'll be below crowding and general inadequ- minimum as he has suggested acy of New York City public high he will do," Ricci said. schools account for a 50% dropWorkshops Centered on out rate. This high dropout rate Social Interests Reagan Pauperized Women "translates into disproportionate After Perry's address the unemployment, for minorities" Paulette Hammond, a former crowd dispersed irjto three work- since "the school population (in president of the National Organishops respectively entitled "The the city) is 80% Black and His- zation of Women (NOW) ampliCrisis in Collective Bargaining," panic," Eve explained. fied Ricci's criticism of the "Legislative Response to Plant Reagan Administration. AccordPoverty Exascerbated and ing to Hammond, Reagan's Closings" and "The Face of Poverty." Each workshop consisted policies of endlessly increasing Hidden by Reagan of a panel of community leaders Mike Ricci, a representative of military spending at the expense who would first speak, and then theAFL-CIO Department of Labor of vital human services profield questions and comments on Liasion followed Eve's talk with grams have led to a "pauperizathe topic under discussion. tion of women." Reagan's a harsh attack on "Reaganomics." Ricci said that un- spending cuts "have reduced Ameliorating Poverty employment is actually much jobs in teaching, health care and with Education work areas where higher than official government social The "Face of Poverty" work- statistics reflect because only women work most," Hammond said. She also criticized Reagan's shop was opened by David those who are eligible for uncut in education, housspending Echols, Buffalo Commissionemployment benefits are consier of Human Resources. Echols dered unemployed. "Once a per- ing assistance, food and health said that the nation is losing its son exhausts his unemployment programs, and AFDC (Aid to committment to eliminate povbenefits he no longer is counted Families with Dependent Chilit a treating instead as norerty, previously dren). as unemployed A lunch of pizza and fried mal and inescapable fact of life. you could collect 65 weeks of unNoting that President Lyndon B. employment benefits, but under chicken was served after the Johnson initiated vigorous gov- Reagan you can collect for only morning seminars. The break enabled people to discuss the wide ernment action to alleviate pov26 weeks," Ricci said. erty Echols said, "We have lost Moreover, the unemployment range of issues that had been morning's from the Johnson legacy our nastatistics do not reflect the fact raised during the tional committment to reducing that many high-payin"g manufac- agenda. Following lunch, the conferwe are close to al- turing and high-tech jobs are poverty ence was concluded with worklowing our national government being replaced by low-paying to abandonthe waron poverty." service-oriented jobs in fast food shops conducted on "Capital Flight," "Alternative Investment N.Y. State Assemblyman restaurants, hotels and domed Arthur Even spoke next. He stadiums. "Western New York in Strategies" and "National Indusstressed thepotential role that an due time will become a service trial Policy." — .. . . .. . Impact of Regulations Discussed at Law School Act, Clean Water Act, and the Glanville, Esq., discussed the his- torical reasons for so few civil lawsuits: expense, lack of incentive, and the expectation that an appropriate government agency will intervene. Glanville congress. sociation Seminar on Environpersonnel has ceded that many areas of the law addition, In mental Law Enforcement in a problem in public adminmust be further evolved. Since, been Western New York. Alice J. Kryistration. "The Environmental as residents of Western New zan, Chairperson of the EnvironAgency has been York, we are situated in one of Protection mental Law Committee, welevery time by upper the areas of major motion, we at checkmated comed the spectators and paradministration there are least may be witnesses, and very level ticipants to the seminar, which in the Whitehouse," possibly involved with, the roadblocks addressed the impact of environevolution; a sort of backhanded said Boyer. mental regulation from the posifortune. tion of business owners; the atRichard Lippes, Esq., disCitizen Suits torneys assisting the owners in cussed the strength of the citiMeidinger delivered a presencomplying with regulations, rezens cases and availability of ceiving permits, and preparing tation on "Citizen Suits Law, summary judgment; the status for litigation; the state officials Policy and Impacts." How is soof standing (it is unnecessary who must enforce regulations; cial regulation working today, thatthe plaintiff show that thedenow that we can include parties fendent company's pollution and the citizens. once excluded from lawsuits? very pollution which efThe YearThat Nothing Happened The discussion included jurisdic- was the plaintiff's interests); and fected The law school donated more tional and procedural requirethe treatment of past violators than floor space. Professor of ments, private enforcement suits (the violator can be suedfor past acts acts, and Law Barry Boyer and Associate and action forcing violations). Professor of Law Errol Meidinger through which one can bring a Act were participants in theseminar. citizen's suit (the Clean Water Defending Companies Boyer, in his opening remarks, is the easiest). O. Henrichs, Esq., deRagna called this past year "the year alleged violators of enPrivate Enforcement fends terms that nothing happened" in Continuing with the "Private vironmental regulations. Her of environmental enforcement. angle, Robert A. word of warning, "The stakes are Enforcement" Clean Air acts, the Legislative Compensation and Liability Act (SUPERFUND), to name just On Saturday, October 13,1984, were either tabled pending three, the Moot Courtroom was the setelection results or tied up in Conan ting for Erie County Bar As- by C. Lindquist . — very high the client may not talk to your client about stakes." The $10,000 per day penalty fine is a possibility, but don't forget the attorney fee. She said to expect extensive interrogatories because the discovery process is burdensome. She recommends frying to solve the dispute before this stage, such as looking to jurisdiction for possible means of dismissal. In rection to Lippes' remarks on standing and prior violations, Henrichs feels that there should be a need to show adverse effect linking defendent directly to plaintiff. She queries, if citizens are allowed to bring suit in order to improve the environment, why allow a-suit to be brought if the problem has beenalleviated? On a final practical note, Henrichs urged practitioners to determine the whole situation as soon as possible. "A 'citizen suit' is not just any lawsuit brought by a citizen," she says. "It is a quasi-enforcement action authorized by a statutory provision in one of thefederal environmental laws." always get concerned Permit Application Stamp, Duane Associate Counsel for Occidental Chemical Corporation, stressed the necessity for providing high quality work and technical expertise in order to assure an effective presentation to the agency issuing the permit. Aside from making a good external show, technical expertise will help in-house. A working knowledge of industrial processes will help you guard against "telling the company to go out and buy a machine-gun to kill a fly." He said, "A proper permit is critical to the success of a business enCounsels responsiterprise bility is primarily to understand regulatory framework so it mat be worked within." . - Overregulation? Ernest Gedeon, a Manager (Regulator/ Compliance and Training) for CECOS International, Inc., stood behind the podium and quite earnestly remarked that contrary to any belief Professor Boyer held in recontinued on page 4 October 23, 1984 Opinion 3 �Students, Lawyers Join in Program confirmed the Program's value COO recommends the following behalf, as well as a copy of the Student Guidelines and EvaluaOver of the students who steps: tion forms. provided written feedback felt Attorney RegisReview the 1 that The time was well spew "I ter Categories listed in the Onehave missed it for any5. Call the attorney's office and to-One announcement which will set up a mutually convenient thing." "I would require it for all be deliveredto the student mailstudents for Their own good date for your visit. boxes and select the area of pracThis Program will be especially helps to focus on practical as- tice, type of office and size of pects of legal education." 'This firm office that you would like to useful for students who want more information on alternatives program represents a most observe. available after law school. It is an beneficial opportuniTy to inject some 'real wortd' legal practice excellent way to observe differ2. Stop by CDO (Rm. 309), reinto law school study ..." These view the Attorney ent types or sizes of firms and cards, Profile are typical examples of the enagencies, with no limit on the and select the attorney with thusiastic comments received a person can like to meet. number of visits whom you would For that reason, the Career from last years' student partici- Attorney make. Profile cards are filed by Development pants. Office hopes that area of practice for first-ranked to see Attorney enthusiasm for the each student will'findtime that attorney. One-to-One Program seems to at least two or three attorneys the year. match that of the students. In the 3. Submit Attorney Profile card during past, many attorneys have gone (the and Student Request Card out of their way to ensure that yellow form dropped off in your the events to be observed by the mailbox) to CDO. CDO will then continued from page 2 visiting student are interesting prepare a letter of introduction history at ÜB, joined the speakers and valuable. Itis not uncommon to the attorney. Allow 48 hours in responding to historical quesfor attorneys to go well beyond for this to be done. tions. the one-half-day time commitJames McCormack Mitchell, ment requested. the letcopy Pick of up your 4. To participate in One-to-One, ter of introduction sent on your whose name the lecture series by Audrey Kosdmtniai. The Erie County 6*r Assoc*tion and the U B taw Alumni Association have joined the Career Development Office *n sponsoring the 1985 One-to-One Counseling and Career Guidance — Program. Its purpose is oot only to help students explore available career options, but to in- crease their awareness of the realities of law practice by discussing those items with a person who experiences them daily. One-to-One makes it possible for first, second and third-year students to spend half-a-day observing an attorney during his her normal routine. The student may choose the size of the firm or agency, the practice speciality of the attorney, and the type of office (government, public interest, judicial, private firm, or corpor- Audrey Koscieiniak Conference on Feminism ate legal department). Last year, many students par- ticipated in One-to-One, and the evaluations submitted by them memorializes, graduated from the UB Law School in 1897 and at one time served as chairman of the UB Council. The Mitchell in Lecture Fund was established 1950. SBA Meeting Focuses on Dean Search Committee The school has approached the SBA and is willing to do the leg work necessary to organize The first meeting of the Stuparty on the Main Street camthe Association (SBA) was dent Bar held on Wednesday, October 10, pus. Second-year Director Lori 1984. It was a relatively short Cohen volunteered to head an ad meeting, but in the future regular hoc party committee, but she meetings will be held on needs help. Any volunteers, Wednesdays between 5:30 and please leave her a note in mailbox 597. 7:00 p.m. Second, SBA President Rich Three major items were noted that the law Gottlieb brought to the attention of the SBA Board. The first is that the school is required to have a stulaw will be co-sponsoring dent referendum on the activity rently, the fee is $19.50 per semester. One of the duties of the Finance Committee, currently being formed, will be to determine whether we need to raise the fee, and if so, by howmuch. Finally, the Dean Search Committee was a hot topic of discussion. Under Provost William R. Greiner's current proposal, there would be only one law student with a vote on the committee with an alternate serving ex officio (without a vote) on the comfee every four years. This is the mittee. Third-year Director Judy year it must be put to vote. CurOlin sponsored a motion to im- by Lisa Roy school a Halloween Party on October 27 with the School of Management. [ Impact PASS WITH (continued from page 3} and enforcement does exist in New York State. "This necessary service (the management of hazardous waste) provided for industries, large and small, that generate toxic and hazardous waste has become one of the most severely regulated businesses of the times." He concedes that "the current concern is well founded," yet "the difficulty obvious in the entire (application and permitting) procedure is having someone make an appropriate decision in a timely and consistent manner." ... The Pieper seminar is now the hot bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. . John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni — Once They Get Their Mitts On You Henry Killeen, 111, Esq., started his presentation with a concession: "Even though I defend industry, corporate polluters are worse criminals than rapists ..." He follows that statement with a warning to be skeptical. Really folks, do PCBs deserveall thebad press they have been receiving? "What can they do once they get their mitts on you?" Plenty, so be sure not to ignore the problem, and if possible "dump the liability on the insurance company tender the problem immediately to every carrier possible Be serious, skeptical, and quick to act." Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 .. 747-4311 EARLY REGISTRATION DISCOUNT UNTIL DEC. 1, 1984 See Your Pieper Rep: X Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Opinion October 23, 1984 4 Richard Eric Gottlieb Richard Schaus Steve Wickmark r\ was circulated to the student body. Gottlieb, Torres and Olin were supposed to meet with Provost Greiner on Wednesday, October 17, to submit the petition and urge him to adopt the proposals to increase student members on thecommittee andallow the SBA to select the student. However, at the time this went to press, Greiner had cancelled this engagement and referred these people to his assistant, effectively closing off any hope of direct communication with Greiner on thisissue. of Regulations gards to thwarted attempts at enforcing regulation, regulation PIEPER (516) mediately form a committee to force the administration to increase the numberof students on the Dean Search Committee.The motion was unanimously approved by the Board. This new ad hoc committee met following the meeting. Pressent at the meeting were Gottlieb, Olin, SBA Vice-President Tony Torres, Joe Rifkin, Kathy Tenney, Beth Ginsberg and Todd Bullard. The committee drafted a petition protesting the lack of adequate law student representation on the Dean Search committee. The petition The Stronger the Governments Hands the Better These seem to be appropriate words coming from John Greenthal, Director of Division of Environmental Enforcement, Department of Environmental Conservation. This statewide counterpart to theU.S. Environmental Protection Agency has been working to include strict, joint and several liability within the state statutes. Currently only the federal government can include all parties in the chain: owners, operators, transporters, etc., indeterminentof "past or present" relation. The availability of felony sanctions is of major importance, too, and fines and imprisonment are effective deferents. The DEC is now beginning to move into the establishing of penalty amounts. Greenthal stressed the importance of breaking the competitive edge to non-complying rivals as well as trying to recoup, through these fines, administrative costs to agencies for the time and energy spent enforcing regulations. "All the speakers are emphasizing major problems... there are lesser concerns which remain important to consider. Every business is involved in Environmental Conservation Laws," said Peter Burke, the Acting Regional Director, Region 9, ofDEC. What Burke would like to point out is that in limited cases of small offenses, there is room for compromise. Practicality has not been disgarded. Handout materials and other speakers' messages were provided to the audience. Copies are available for review from the Environmental Law Society office, Room 07, basement of O'Brian Hall. �s Last year, again, more than 4,300 people studying for the NewYork Bar Exam took BAR/BRI. 4,300 people can't be wrong. Any questions, please contact the following: Vie D'Angelo Mary Pat Enright Rita Hubbard JillKawa Lorri Kolbert. Scott Stechman DanElias Cathy Pappas DanFigueroa Jason Reid Karen Vance Ed Peace Rich Murphy MattFusco Jessica Bragihsky Lee Smith Nancy Barshter Laurie Frank Janeßlumenthal Susan Kozinn GaileTowne Sim Goldman Andy Fleming SethSahr Roland Cercone Jack Murray Wendy Friedberg Tom Pernice Tom Roach Jay Goldstein Gina Peca i / /pv ll])({jllfm ' 401 Seventh Avenue Su,te 62 W New York, N.Y. 10001 (212)594-3696 M (516)542-1030 (914)684-0807 New York's Number One Bar Review. October 23, 1984 Opinion 5 �Legislative Aide Speaks on Lobbying Tactics success in your lobbying effort is Carey released it right after the to go to that legislative member bill was signed. As for Governor Q. Is there a difference between for assistance and cooperate Mario Cuomo, he is just about to lawyerand non-lawyer lobbyists? with him/her to develop a joint release this information on the bills passed in his first year in For certain interests, it is better strategy. So regarding the question, a office. to have lawyer lobbyists, such as This information helps the conin legislation dealing with crimi- Washington lobby firm will not nal codes. However, non-lawyer have a greater impact in Albany stituency know the agencies' lobbyists are better in mental unless it can do these things. Of standing on different bills. course, it is always easier to Toby Professor of Law Milton health and social legislation. prevent block and a bill rather Kaplan, who teaches a course on Legislators don't use law students so much because they than cause it to become law. As municipal law, noted the difficulcan't provide information as fast for Washington, there is even ties in getting memoranda of as lobbyists. They must research more deadlock because of the sponsors of bills. Tobe acknowledged this problem and the fact topics while lobby groups often bigger process. have the information already Q. Why is the legislative history that for a fee, there are private companies who will obtain the compiled, such as telephone sur- of statutes so difficult to obtain? information and provide it to the veys or computer printouts. public. The success of these priHowever, that does not mean Sometimes it is set up so relegislators will limit themselves. ports are made on the bill. Other vate companies are fostered by Instead, in accordance with the than that, the sponsor of the bill the lack of easy access by the public to this type of information. Fresh Water Act, they will invite is required to submit a memoranIn the past, memoranda were as many people as are knowdum on his intent, which is often ledgeable about the bill in order in the form of propaganda. The kept only for the present and to have a broad base of facts and committee's one-page report on prior year. However, all informathe bill is more impartial. Both tion presently will be kept on information to decide upon. computer for future access help to establish legislative inQ. In Albany, is a state lobby tent. through a government-spongroup more effective than a Rarely is questioning done on sored agency, probably on a fee Washington, D.C. law firm spec- the legislative floor. Most is done basis similar to Lexis or Westlaw. ializing in lobbying? informally or through commitQ. How can one learn legislative tee. Only if the bill is drafted drafting and was there anything The trick to lobbying is to un- poorly or if there is an ambiguity of value which you took in law derstand what is the pressure not previously clarified will quesschool to help you learn? point on your topic at the time tioning be done on the floor. and the ability to put that presOnce the bill is passed, it is sent There are two ways to learn sure on. The big name is not as to the governor for approval with legislative drafting: from the important as is the plenary a bill jacket that includes all letpeople on the staff and from the knowledge about the topic. ters of support or clarifications Legislative Bill Drafting CommisThere is no right tactic; they from legislators or agencies to sion. The later sometimes will change minute by minute. You help the governor decide. Fordraft the bill itself, but always must have the resources and mer Governor Nelson Rockefeller gives any bill which is drafted a analytic ability, and know how to did not release any of this inforquick scrutiny for mistakes. apply it. Every bill almost always mation until after he left office, Law school in general prohas an inside advocate, so the while former Governor Hugh vided the framework for undercontinuedfrom page I • Cable Is Fix For T. V. Junkie by Pudge Meyer Today, October 13, is a great job offer, or finish the assignment for N.Y. day. No, I didn't get a Practice. It's better than that— I got CABLE TV. It probably won't be easy at first. I have some big decisions to make right away. For instance, tomorrow night at eleven I have to choose between Jerry Falwell on WTBS and Kung Fu Theater on USA. How can people do it? And it's a good thing I don't have any plans for Tuesday, because I'm gonna be busy all night. Wrestling is on at 8:00P.M., mid- — night, and 2:00 A.M. and Superßouts of the Seventies is on at 12:30 A.M. By the time that's over, I'll be primed to watch the Movie Channel's offering of ALI BABA'S REVENGE. What a flick! Cable T.V. is a lot like eating at Duff's: you just don't let up until you think you get your moneys worth, butall you get is ill. I could watch the regular news, but now I watch it on WKBW, out of Bos- ton. They say it mightrain tomorrow. I also watch Barney Miller on WPIX instead of Buffalo's Channel 2, even though the latter is on at a more convenienttime. All together, I get thirty-one television stations, ranging from ABC to ZBC, New Zealand. Even though they show mostly American shows, it's fun watching what New Zealanders watch. There's an art's channel, three public television stations, two Spanish channels, and four French channels I can speak Spanish but I can't speak French. There are also two religious channels, but they're only on for half the day. They show music videos on the other half. In fact on Friday nights, I can watch music videos on six different channels. Funny, I usually don't watch TV on Friday nights at least, I didn't used to. — — There's lots of sports for sure. In fact besides wrestling this week, there's a lot of surfing, moto-cross, angling and even arm-wrestling. Yes, it is time I "Ain't That Pretty at All" (from his latest 1.p., "The Envoy"). On October 3rd, California rocker (and sometimes werewolf) Warren Zevon played the Buff State Social Hall in what was billed as "a rare solo performance." And interesting it was, »as Zevon stepped from electric guitar to acoustic and electric piano to perform songs from his five Asylum albums. Although the absence of his tremendous "Stand in theFire" back-up band was conspicuous, Zevon's renditions made up in enthusiasm what they lacked in slickness particularly, "Jeanie Needs a Shooter" (co-written by Bruce Springsteen) and the manic — Opinion 6 Octobar 23. 1984 Suffice it to say that Zevon was good: He growled through each number in his patented hard-guy voice (a striking contrast to his baby-face and spectacles), much to the audience's delight. The real question was: What was he doing in Buffalo to begin with? The Buffalo News, in anticipation of the concert, noted that Zevon is currently without a band or recording contract. Was he following a downward slide due to his legendary problem with Mr. Vodka? The press says he's over that. (Indeed, he looked well enough.) Was he "paying his On most votes, legislators do not know the bills in detail because it is impossible with almost 3,000 votes each year. Instead, legislators take cognizance of the experts in particular fields or subconsciously rank There is a variety of ways, but two paths are dominant. One way is to start with.a good government issue, beginning at the local level, and push it on up. Upon this basis, the government ing to politically idealogy. Legislators do not necessarily trade off votes, but follow issue leaders and look to see howother people are voting. For this reason, there is great reluctance to have poll voting. On the other hand, there is no absolute log roll where votes are exchanged, but there is a compromise. The more concern over the issues, the more pressure by lobby groups are an asset to them. Another way is to start out with a private firm which is successful with its clients and becomes a lobbyist for certain concerns. Tobe offers two caveats, though. Yur credibility will suffer if you start out on theside of one concern and are hired by an interest with a view opposing the one you have previously taken. Second, there is Conflict of Interest Rules which prohibit an Albany legislator from lobbying for a period of two years after leaving the government for private practice. However, loopholes do exist for legislative aides and assistants. For those who missed the presentation and would like to hear it, it is on audio tape available in the A-V Department, sth floor of the Law Library. themselves with others accord- and the more effect on your con- stituency, the more you lookinto the bill. Q. Do all lobbyists have access to legislators? Whatis the criteria to determine a good or bad lobbyist? Dishonesty makes lobbyists horizons. "bad." It ruins their reputation. You've got to keep an open mind They do not last long because too truly broaden my about such news events. Don't forget, this country too was born of revolution. At its conception, cable TV was supposed to bring to the viewers, for a fee, programs that the networks thought were too expensive, or too limited to a certain audience. Thus we initially found Marty Feldman movies and opening rounds of Davis Cup play. Then, gradually, the cable stations began showing programs that the networks threw out, such as re-runs of Dragnet and Gidget movies. And, finally, they give us channels from other parts of the world which, alas, show the same programs that we can see right here in Buffalo. Maybe my grandfather is right when he says "Stupid Americans." Stupid or not, I enjoy some of the programs. And for my money, the guy who does the weather on WOR PrimeTime News at 8 P.M. makes it all worthwhile. Zevon Answers Critic With His Music by John Kolaga standing bills and the necessary much trust and reliance takes analytical skills, but nothing as place between lobbyists and far as a sit-down and writing legislators. On the other hand, incourse to draft legislation. Be- tegrity is most important. Also cause bills are written in a pres- important is resources and the sure cooker environment, the ability to understand the circumstances and apply them to ability to compromise is necesfight the battle to (dis)prove the sary. So to be an effective legislator, part of the qualification is merit of the bill. As for access, it often depends the ability to write and part is to be able to deal with the dynamic upon the numberof people waiting and conversely, the patience pressures. of a lobbyist to wait. The ability Q. Do a majority of the legislaof a lobbyist to work effectively tures understand the bills or do depends upon his/her willingjust a core of members? Are ness to work cooperatively. votes cast out ofbelief-in the generality of thebill oras a result of Q. finally, how do people get into lobbying? give and take for other votes? dues" on the college campus circuit? Maybe so. Zevon didn't answer these questions. Instead, he barked out a few Zevonian quips, (e.g., "So, do you want to play, rough?"), worked hard, and seemed genuinely pleased when the audience responded. Somehow, his attitude and the informal setting of the concert left the impression that Zevon just wanted to to hearreal applause. play live And when the last strains of "Werewolves of London" subsided, he said "God bless you" and left the stage. In spite of all his songs about weapons and murder, Zevon just didn't seem so tough after all. may hire you so you are no longer a thorn in their side but New Mail Boxes Will Solve "Doubling" Problem Photo by Victof fl. Sidari New Facility for Library • continued from page I "a facility whose time has come." She spoke of the need for a facility that would enable students to improve their lawering skills by using the library's videotape machines. The Koren Center will be particularly helpful to first year stu- dents, as Professor Olsen noted, in the oral argument portion of their research and writing courses. Olsen believes that the impact of the Koren Center will greatly enhance the school's clinical programs. The facility can also be used by students to refine interviewing skills. Among those making brief presentations were Dr. Steven Sample, President of U.8., and Dr. Robert Baker, a close per- sonal friend of Mr. Koren. A placque was unveiled at the end of the ceremony to commemorate the opening ofthe Koren Center. Funding for the facility was provided by Dr. Baker and various university sources who were not disclosed. Mr. Koren is a native of Brooklyn, but attended high school in Buffalo. He received both his undergraduate and law degrees from U.B. The center named in his honor provides a unique and valuable facility for students and faculty of the law school. — 'Os by Victor ft. Stdari �Once is enough! Some things are better the second time around — taking the bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. . L|7 <-°" = o 4? 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Jefferson Blvd., Culver City, CA 90232 (213)558-3100 CES/BRC Eastern Regional Office: 10 East 21st Street, Suite 1206, New York, NY 10010,(212) 505-2060 October 23, 1984 Opinion < 7 �Pudge's Corner: The Saga Continues: Pudge's Summer Internship with Carson County's District Attorney's Office dered if this was Leibowitz' main hangout. We ordered from the XI. blackboard, and he asked me Crenshaw got his conviction how I was coming along on the the next morning. While everywork he had given me. "Well, I'll tell you, Leibowitz. one in theoffice was congratulating him, his secretary asked There isn't too much there by about sentencing. I had heard way of research to support your stories of preferential treatment, position." He ordered another and prejudices that for a basic beer. "Didn't you find anything?" part of the sentence recommen"Sort of." I grinned. They dation. But I had felt that Crenshaw was above all that. Not so. didn't come to call me superNot even he was immune from sleuth for nothing. "I have a case considering factors that in reality that found probable cause under had little to do with the typical these facts: A television was reported stolen from a house on analysis that goes into a recomBannick Street. The police, on mendation. "I'll go easy on him. I mean, I their way over there, saw a don't particularly care for the drunk. The drunk asked them if guy; but he is, after all, my they wanted to buy a television that he 'had to sell in a hurry.' brother." Stressing the proximity of time XII. and place, the judge held that Leibowitz came into my office. probable cause to arrest existed." "Steve how about lunch?" I "Hmmm proximity of time jumped at it. I was anxious to get and place think I like that I in on some good lunch-table gosphrase. Do you have anything sip. else?" "Where are we going Rick's? "Yeah how's 'You can't see Polino's?" the forest for the trees'." "I thought I'd take you over to Goram's." I had heard about it, by Pudge Meyer .. — ... — but nothing big. All they say about Goram's is that the food is good. When we walked in, I was disappointed. It was crowded and stifling, but I didn't notice too many other lawyer-types. — XIII. The afternoon wore on, and all I could think about was CRENSHAW. I didn't see that Mr. Dres- ser, our dearly departed stenographer, had come into my office to get a stapler. "Oh hi Mr. Dresser. What brings you here so — Four old-fashioned fans hung motionless from the ceiling. No soon after retirement?" menus. "I need the work." The last On the way in, Leibowitz said time I was that confused, I was hello to a few people. They watching Bill Cullen host the looked like they were on the way game show, CONCENTRATION. out. As we were seated, I won"So why did you retire?" "My boy, one hand washes the He got them back nicely, but he other. Sure I retired. But it'll take knew he was being tested, and them four weeks to find a re- he knew I had control of my placement. So, meanwhile, I'll shots. After ten minutes I had a work. Since I retired, I get per feel for how I should play him. diem rates, which amounts to I'd slide his short shots down the middle and come up. By hitting more than my salary." "Oh I get it. You're doing the down the middle, I'd take away same work, in less hours, be- his cross-court drives. Just as we cause you come and go as you spun for serve, his beeper went please, and you're costing the off. He cursed, yanked the bat- county more." .. "Now you've got the hang of it." He walked out. One hand washes the other not bad for a stenographer. XIV. My nemesis walked in at 4:15. "Why don't you finish up so we can get on the court early?" "No problem," I said, remaining cool. "I already called Luther and told him to keep Court One open for 4:45." "What do you mean? I thought we were playing at the Club." I could have handled this in one of two ways I chose the sec- — ond way. "Okay —the Club it is." We walked on* to the court. Crenshaw checked the net. I was wearing a half-shirt that said "Ohio State" and a pair of shorts sporting the Kennedy Griffins logo. He was fitted as if Cellini himself had done thealterations. He pointed at my feet. "You gonna play in those?" "Only pair I got." I really did have another pair, but of the same style Nike track shoes. We started hitting. Three to his backhand, three to his forehand. # # # — tery, and threw it over the fence. This guy meant business. Two double-faultsand a misshit handed me the first game. I adjusted my protective cup; and as I tossed my first serve, I really didn't expect things to continue so easy. But I knew from where he was standing that he wasn't going to return the first serve. He didn't. And didn't. And when he did, it was weak. What do you know he had never seen a lefty serve. I spun it into his body; I swung him wide off the court. He couldn't do a thing with it. Feeling pressured to hold — his own serve, he double-faulted a few more times, and resorted to just tapping in his second serve. I was all over it. He got frustrated; he didn't get the chance to hit too many groundstrokes because I was on the attack. It was a server's match. When I was fourteen, a local pro asked me which shot I thought was most important. "Approach shot?" was my naive suggestion. Nope. The Serve. It wasn't long before we were at the water fountain. I didn't know what to say. He looked down in the dumps. "I tell you, Steve it would've been a lot different if I returned some serves." "Yeah," I said, "and if Ralph Powell would have went faster, he would've won the Carson County Midget Stock Car Rally." Crenshaw laughed. "He took second, huh?" "No forty-eighth." To be continued... — — Institute on Taxation The 31st annual "Institute on Taxation" will be conducted on December 6 and 7 at the Buffalo Convention Center. The luncheon speaker on Friday, December 7, will be State Assembly Majority Leader Daniel B. Walsh, who also is chairman of the State Legislature's Tax Study Commission. The popular program for income tax preparers, accountants, attorneys and others involved in tax matters is sponsored by the Buffalo Area Chapter of the State Society of Cer- tified Public Accountants, the Erie County Bar Association and two organizations within the School of Management at the State University at Buffalo. These are the Management Development council and the school's Alumni Association. Formerly known as the "Institute on Federal Taxation," the name was changed to better reflect its expanding nature. A brochure outlining topics and other speakers will be issued in November, the sponsors noted. The MPRE Exam date is November 16,1984. bar/bri will be offering its review course on two different dates: - SUNDAY, NOVEMBER 11,12 6 PM, Room 109 WEDNESDAY. NOVEMBER 14, 5 -11 PM, Room 109 The cost is $75 which will be fully credited toward your total BAR/BRI course price. Sign up must be completed by Monday, November sth. New MPRE books will be available after November 5,1984. (bojfffcnM 8 Opinion October 23, 1984 401 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-10-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 25 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/23/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/901c01bad184a9aac312d4f8a3cce8f0.pdf 864bf34ea1139fa0a824e17e370da5bd PDF Text Text THE ONION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW V01.69 No. 69 November 7, 1984 WINS SCHLEGELFACE PRESIDENCY Associate Dean Raygun Defeats Lindgreen Named Vice President and Mondull in a Landslide by Bee Plaintiff In the most humongous political upset in the history of theuniverse Associate Dean John Henry Schlegelface has been elected President of the United States. In convincing fashion, the infamous and pugnacious Schlegelface ran up a landslide in defeating both Republican Ronald Raygun and Democrat Walter Mondull. The final tally gives the Associate Dean 491 votes in the electoral college and over 90%of the popular vote. California was the only state not going for Schlegelface, giving all of its 47 electoral votes to adopted native son Andy H. Viets. Schlegelface did not commence his candidacy until late Sunday evening when he went on national, television to announce the start of his campaign. Using the slogan, "What's your bitch?," Schlegelface conducted a one day whistlestop tour on Monday of the entire nation, making speeches in every state of the union and imploring large, boisterous crowds to "make the argument" by voting for him. "The hardest part of the trip," said Schlegelface at a post-election news conference, "was the train ride to Hawaii, which got a bit soggy, but I felt it imperative that every citizen of every state should have the opportunity to hear my message extolling the inherent beauty of the Buffahole Model." In announcing his candidacy, Schlegelface made it clear that he has no economic policy, no thoughts on military spending, no clue concerning how to fund social programs, and no foreign policy. "My only intent," commented the then-candidate, "is to inflict the Buffahole Model on the rest of the country. Once, this is accomplished, all other problems will soon be forgotten." He did claim to have a plan, however, to deal with the -ever-increasing budget deficits: "Parking meters will be installed for every parking place in the country. At a quarter an hour, we'll be able to balance the budget in a matter of days." In a not particularly exclusive interview late last night, Schlegelface talked with The Onion about the campaign and about his victory: "I was urged last spring to take President Raygun on in the Republican primaries. My being a card-carrying communist, however, made this impossible. I then decided to wait until thisfall to make a decision, in order to see if Gus Hall had any chance. When I saw that the polls indicated either a Raygun or Mondull victory, I felt that I had no choice but to take up the gauntlet and throw my ring into the hat. Also, since it appeared that I wouldn't be get- by Robert Remedial President-Elect John Henry Schle- gelface sporting a presidential- .•;;•:;:•: type haircut. ting Dead Headcase's position, I figured that it would be a good idea to start looking for a new job now before the new Dean During his whistlestop train tour of the United States on Monday, now President-elect but then candidate John , Henry Schlegelface announcedfthat his running mate would be Planet Janet Lindgreen. Lindgreen is rumoured to be a professor of law here at the State University ofNewYork at Buffahole, but this would not be confirmed by anyone in the school's administra- • Vice-President-Elect Janet Planet tion. Lindgreen making a vice-presjdsntial-type gesture. ■"; *•,'•:*>?-'■: ■ his bitch? Who the hell's crazy enough to hide in Buffahole? Make the argument!" Attempts to contact Andy H. Viets proved comes in and realizes the scam to be fruitless, although The I've been pulling on this place all Onion did manage to track down these years. Say, this is off"the" his phantom roommate,"Scooter Stechman, who issued a staterecord, isn't it?" Schlegelface's opponents had ment saying that Viets was outside waxing down his surfboard their own reactions to the electionresults. Ronald Raygun went and had left specific instructions to bedaround 8:30 last night and that no onewas to intereferewith no one has woken him up yet to his space or karma. was Finally, Schlegelface tell him what happened. Walter Mondull accused Schlegelface of asked what his first act as Presihiding in Buffahole during the dent would be. "The first thing campaign instead of debating I'm going to do," the Presidentelect responded, "will be to dethe issues, to which the President-elect responded: "What's mand a recount." The Opinion, Star Columnist Meyer Object to $100 million Libel Suit over 'Chronicles' two local town justices; 1 million to Chief A.D.A. Liebowitz; .8 milOn October 25, Pudge Meyer lion to theretired stenographer; was served with a summons. 2.2 million to Cammille; and a Thinking it was a prank, he didn't cool 4.2 million to Jergens himby Butch Martyr even read it. It was no prank. Pudge Meyer and The Opinion are being sued in the Supreme Court, Carson County for 100 million dollars. We spoke to the County spokesperson, Pedro Alvarez. He informed us that the county was seeking 73.2 million dollars in damages resulting from Pudge's publication of four episodes of his "Carson County Chronicles", which detail his experiences in the Office ofthe District Attorney. When we reminded him that no county has ever attempted to recover for defamation of character, Alvarez said, "What are you talking about?" and walked away. Mr. Jergens, the D.A. for the last eight years, spoke with us at length. He outlined the breakdown Of the remaining 26.8 million dollars in damages as follows: 11.6 million to A.D.A. Crenshaw; 3 million to M.C, Crenshaw's wife; 2 million apiece to parties (Vol. 25, no. 4). Because of these articles Jergens has all but lost the upcoming election for County Court Judge, when, just two months earlier, he was endorsed by both parties and self. He clarifiedthatthe73.2 milrunning unopposed. lion dollarsis merely thecumulaaccusing tive punitive damages that the "And Crenshaw named plaintiffs have decided to him of cheating on his wife (no. donate to the county should they 4); of being unethical (no. 5); prevail. hinting at overall irresponsibility Counsel for the plaintiffs, Jerry as an attorney (Nos. 2-5); and Balog, said that, as a county resilabeling him as a sore loser (no. dent, he was outraged and was 5). Since publication, Crenshaw's thinking of bringing his own de- wife has left him; and his second rivative action aswell. "His series interview with a very prestigious of articles has ridiculed the entire Cleveland Law Firm has been county in addition to the named cancelled. "His entire series of articles is plaintiffs. Pudge Meyer has openly mocked a sacred institu- full ofliesand exaggerations. And tion.The damage that has been The Opinion has endorsed his done to the D.A.'s office and stories by providing editorial ineveryone who works there is troductory notes and by continually soliciting his contributions. beyond all counting. A newspaper must have guide"Look how he has portrayed lines; liability cannot be waived the D.A., Mr. Jergens as by simply asserting that it is not someone who has no control responsible for its articles. The over those that work under him. Opinion's policy of printing anyHere are some examples: an thing it receives is abhorrent." A.D.A. who leaves court early to We spoke to Pudge Meyer in a play tennis (Vol. 25, no. 2); a staff that takes afternoons off to have telephone interview. He had this — — to say: "You know, just because someone gives you a summer job, they think they own you. They say my story is full of lies and that I knew it was all lies. Well let me say this: Every single wordthathas been written about the Carson County D.A.'s office is 100% truth, and I'll stand by that. Furthermore, I'm suing them in return for accusing me of being a liar." Pudge Meyer has not been seen since that interview last week. The editorial board of The Opinion has resigned and has begun work as a unit on a book and a movie. They could not be reached for comment. Lindgreen held a news confer- ence after the election at which she was flanked by her top aides, Bernard Gawrys and Leonard Noreen. "I'm just so happy about this," said Lindgreen, twirling her right index finger in circles. "The most I had expected was to be named Secretary of Labor, considering my extensive experience in that field." On the way out, Lindgreen was seeing giving "Bernard Gawrys High-s's" to everyone in sight. Schegelface commented at his news conference that, considering the most political observers believe the vice-presidency to be worth no more than a bucket of warm spit, Lindgreen should be perfect for the job. When asked why he wanted Lindgreen to be just a heartbeat away from the presidency, though, Schlegel- face responded: "Well, Janet's a screamer, and if I have to have someone beneath me for the next four years, I would rather it be a screamer than a moaner." Schlegelface has announced no other appointments to his administration and he commented that it is unlikely that he will bother to do so. He did say, however, that once there is a vacancy on the Supreme Court, Allie Katz will get it. "If there'sanyone who knows pornography when he sees it," noted Schlegelface, "it's Katz. In fact, he's at the Niagara Falls Cinema taking notes right now." For the time being, however, Katz will serve in a newly created post, thatbeing "Lord of Lechery," which Schlegelface said would make Katz his lefthand man. Inside The Onion: Pictures, Pictures and More Pictures!!! 1 �V01.69 No. 69 November 7. 1984 Indian Chief: Bob Oozes Sick Larry Mangy Editor: Randy "Hang 'em" Whatabelly Noose Editor: Feature* Editor: "Flash'em" Andy Business Manager: John "Kilo" Lapitup Staff: Bea Plaintiff, Robert Remedial, Paul Killman, Pudge "4" Mayor, Robert Leers, Cliff Fall, Jeff StonedAfeter Scribbles. Laying Out: Tim & Pam Copyright 1984.The Onion, SBA. Any republication of materials herein is gratiously appreciated by these "so-called" Editors. The Onion is published when the humours in the body are in sync, or whenever we think a laugh is appropriate. It is the student trash of the State Penitentiary of New York at Buffalo Institute for the Unethical Lawyers. The views expressed in this waste product symbolize what the Editors feel is often felt but not stated enough times. The Onion is a non-profit organization, not by choice, but because we cannot handle our money. Any contributions therefore are greatly appreciated. Please make Checks or Money Orders outto CASH. Greenbacks are always accepted. Composition & Design: Words & Graphetti, Inc. Letter ... To the Editor: We the undersigned new members of the Law School community wish to see our names in print. We have nothing in particular to say; suffice it to note that we are shocked and dismayed. Sincerely, Ist year students Spencer G. Feldman Samuel Spiritos Laurence M. Spaccasi Hugh M. Russ 111 Editor's Reply: It is only because we needed filler materialfor thisissue would we print this. I mean, come on guys, be realistic. No resolutions; no political or social commentary; no left-handedremarks about President Raygun or the Buffahole Model how can our readers expect to take us seriously. Are you people a bunch of — conservative, war-mongering, chauvinistic, anti-abortion, rightwing federalists? By the way, only handwritten submissions are allowed to be printed. That way, if we can't read what you've written, we can exercise our editorial discretion and writewhatever we want to So There! The Onion Editorial Board — Daniel M. DeLaus Editorials SBA Condemns V.P. Whereas The Onion has traditionally failed to show an active interest in the political, social or legal ramifications of the federal election process, we will hereby break with the values of our predecessors and endorse John Henry Schlegelface for President (especially now that the election is over). The editorial board.of The Onion, the band of young space explorers who discoveredthe secret of VOLTRON, Defender of the Universe, wish Schlegelface all the best in his new career and sympathize with those Buffahole Model fans that have been deprived of their cherished and beloved leader. 0 mighty master of the menial minds, the Voltran force salutes you Form blazing sword! Addressing the issue of the Vice-President, The Onion once again breaks from custom and wholeheartedly supports the Stupid Barn Association resolution condemning the invasion of the planet Earth by the alien Lindgreen of Janet's Planet. The editorial board cannot endorse an individual who, together with her nefarious counterpart, Allie Katz, has attempted to corrupt the youth of our nation by controlling their minds through a technique known as Boredom, and instilling pornographic suggestions about the United States Serene Court into them. Voltron will return to Earth from the planet Arus soon and set things aright within our solar system. Until that time, however, resist the Robeasts! — — The symbol of U/B: A revolving door. Former Business Manager gesturing to former colleagues on his way out. Oral Skills Honed The Smut Court Competition comes to a climax this week with oralarguments. The topic of the competition deals with censoring smut on public access channels. Some of these students will argue before lawyers and judges of our community that the cable company can broadcast whatever smut they want on their stations. They will argue that the FCC cannot prevent transmitting material that depicts ultimate and perverted sexual acts and human excretory activities. Can you believe that? These are our future lawyers. God help us if they pass the Bar exam and go out into our community to practice. To add to this, their partners will argue that the cable operators should have complete freedom to provide whatever programs they desire. They will claim the cable operators should not have to set aside channels for government, educational or religious institutions, nor give the general public access on a first-come, first-served basis. The nerve of these traitors, these conservative oligarchists. They accept the franchise and easement rights granted by the local government, but want to refuse the same government access to the channels. They also prefer the masses remain ignorant and without educational programming or religious or moral instruction. They are for the rich who can afford to pay their price rather than open their doors to the general public at a reasonable set price. If there are any democratic inclinations left in this school, we should act now to censorthese students. Urge your SBA to pass a resolution. Lose their exams. Withhold their grades. Garner support from the Moral Majority. Act now. Don't let these characters ruin the future of our children. Ship them back to Times Square before it is too late. rt_i__ 2 fjl Hi,.1,, ■|, -, m loci Just some of the participants at this semester's The Onion recruitment party. Dean Search Committee Members making some decisions. The verdict: It appears unlikely that Dean Headcase will be found, and therefore the search will soon be calledoff. �Martyr's Cross A Survey by Butch Martyr of the UB Legal Educational Experience Now thatI've been in law school for two-and-a-half years, there are some things that I need to find out. I've been holding out on asking them because I was embarrassed; but it's timeI find out. I've learned some procedural things; I know what the statute of limitations is, and courts of original jurisdiction. And I know that the Serene Court is the 'highest court in the land. But I don'tknow about all these other ones but I'm not afraid to guess. First, there's the Deitrich Courts. Apparently named after the famous movie star, I guess the court handles Hollywood contract disputes like that first-year casewe had aboutShirley MacLaine. Then there's the Pellet Courts. I guess.they hear cases like that one about the guy who got shot in the eye in a hunting accident, and they couldn't figure out which of two hunters fired the shot. My favorites, though, are the Circus Courts of Appeals they get the tough cases where there's so many plaintiffs and defendants that it gets to be a threering circus. They also decidedthe landmark corporations case of Ringling Bros.-Barnum & Bailey Shows v. Ringling (1947 shareholder voting arrangements; one of Mick "the Quick" Shaeffer's favorite cases.) There is one case that seems to be relied on no .matter what the issues are, but I don't know where to find it. Maybe someone can help me it's called The Seminole Case. I originally thought ithad to do withthe Government seizing land from- In- — dians without just compensation.But every professor I've had has made reference to it at one time or another. I can't imagine what it has to dowith strict prod- ucts liability. Some things you just don't learn until you graduate. I've had literally no instruction on how to petition for a cert. I guess you just wait for the decision and, as everyone is walking out of the court room, you go over to him and say, "Hi judge, you got a — cert?" Unless you're in theCircus Courts; then you have to catch him on the high wire. I also always hear something or other about the Grandfather Cause. I don't know what it is exactly, but I'm sure it's a worthy one. I finally found out the riddle in the "Statue of Frauds." It's from when those biblical guys were running away from the land of Sodom, and someone looked back and turned into a pillar of salt. It's a big tourist attraction in the Middle East out there. It was great that we hosted the A.B.A. roundtable talks last week. I couldn't be there, but I really would have liked to talk to such past A.B.A. greats as Louis Dampier and Zelmo Beatty. Don't forget Dr. J got his start in the A.B.A. where do I sign? Maybe next year we can host the W.F.L. They had some good running backs. I'm happy to see the school has taken an interest in —— sports. I think in the Spring we should have the Law School Olympics, with such events as the standing fraud jump; the four-by-forum non conveniens relay; and synchronized motion practice. How about the hop, skip, jump, nail and mail? The other day I found myself singing "Tis the seizin to be Jolly," and Starry Stare Decisis. Now I know I've been here too long. I need help —Is there a Doctrine in the house? — — — — This year's Student BarfAssociation Presidential campaign was a rough and tumble affair between Richard "Tricky Dick" Gottlieber and Robbie Saint. Above and at left are exclusiveThe Onion photos of the candidates gesturing at each other during the campaign. fvf r-'1 r<J f'°s fvj (M #- 27 ?/iw s~ . ///\\ '••- S*~ y'KMovfT^^ &fv|fi§ &• p- -3 Novambar 7, ISM Onion 3 �Buffalo Model Productions Presents: A Double Feature!!! $£V~W\ Tim M /mmM]]' f,.. * KatZflWmW AUtB Schlegelface! A Starring: Well, Schlegelface, of course. Afl/ . WW^r^<\\ I'/ W^W¥l '"' Follow the tantalizing career of UIB Law's Associate Dean from a fancy law school to a not sofancy law school to the White House. Amy Iving in the title role. Co'Starrino' a _„ _ . . „ Phil Donahue as Provost Grinder *Based on Joseph Conrad's , „ . m T # oiurnny. * , The Heart of Darkness and Leo from "Hill Street Blues" as Allan Carrot. * Ythehair, >T. The Uawbi» HAIR! / / / *;W^. RatedG • i '■'■-•■■ i Coming Soon to a Law School Near You!!! Pursuing a Trivial Al Stewart by Alan Stewart (b) its proximity to the best ever-increasing growth in popularity of theTrivial McDonald's in East Flatbush (c) its bald-headed dean, Mr. With the (9) Where did Al lose his wallet with $125 in it two days after finding it? (a) Rich Rosenberg's water- - Pursuit board game,- ft -should " Rappaport bed ■> come as no surprise that the (b) Wendy's salad bar (d) all of the above. game's originators have been (c) a police car searching for different editions. (4) Which factors preceded Al's (d) the law school mimeo move offcampus in college? Among the existing editions are room. (a) all of his roommates the "Genus" and "Baby Boomers" moved out editions, to name two. Well, in (10) Who was .Michael Homni(b) he got sick of dorm life keeping with this newspaper's witz? (hint: he knew Claude (c) food on campus stank tradition of getting the latest Jurkow) (d) half of his dorm burned news to you, what follows are a (a) part of the gang called down. few of the many questions in"the Jolly Stompers" in cluded in the newest Trivial Pur- (5) Who was Ralph Tramantano? East Flatbush (a) the brightest student in suit Edition the "Al Stewart (b) put gum on Al's seat in P.S. 244-and Meyer Levin Edition." Al Stewart is a trivial UB sixth grade J.H.S. law student who agreed to con(c) fatter than Ralph Tram(b) always beat Al at flipping vert his life to board game status, antano baseball cards in the hopes of improving his res(d) played cards with Al in (c) fattest guy Al knew in ume. (In light of the extremely 9th-grade homeroom. Brooklyn trivial nature of Al Stewart's life, (11) Who does Geraldine Ferraro (d) biggest sore loser in East the makers of Trivial Pursuit agremind Al of? Flatbush. and reed to break with tradition (a) his aunt Sylvia include multiple choice answers.) (6) How many different people (b) his third grade teacher, (1) Who was George Mays? did Al live with in college? Mrs. Kathmyer (a) best 3rd baseman in P.S. (a) 19 (c) his neighbor, Miriam 244 (b) 13 Berkowitz (b) forced Al to give him his (0 12 (d) Hubert Humphrey in a lunch moneyin fifth grade (d) 24. dress. (c) sat next to Al in class in (12) Who was Craig Grossman? not held only job (7) Which is the High School English Class. (a) lost lots of money playbyAI? (d) first person everto contact ing poker in the cafeteria (a) Felt slipper assembly-line rabies in P.S. 244. (b) never uttered a curse worker (2) What did Al do during most (b) vendor at Shea Stadium word in Junior High of bis spare time in High School (c) cook at Kentucky Fried (c) son of the Gym teacher, School? Chicken (a) get beaten up Mr. Grossman (d) waiter and bellhop in the (b) eat (d) won money by asking Poconos (c) go bowling male teachers out on (c) toll collector. (d) borrow money from peodates. (8) Who is Chuck Lam? ple. 1-4correct normalhumanbeing (a) first drug addict Al knew (3) What was Al's junior high 5-9 correct more than luck, seek in Brooklyn assistance (b) waiter Al met in Chinatown school most famous for? (a) its proximity to the scene 10-12 correct —nice life you've (c) Al's brother-in-law probably gotl where the "Lords of Flat(d) coolest Chinese person Queens. bush" was filmed knows Al in — . 4 Onion NoNUHMt i» MP) —— Mid-Semester Blues by Victor J. D'Angelo I got the Mid-Semester Blues, Not interested in H's, just want my Q's. I haven't read a case in three weeks. Law School pressures are heavy and great, But all I wanna do is sleep late, and watch game shows. My toughest decision, is deciding what I'm gonna watch on television tonight it's "Miami Vice." — My diet's not the same, but I'm not getting any thinner, Tonight I'm eating Stove-Top Stuffing for dinner. I gotta change my mood soon and real fast. It's getting harder and harder to make it to class. Gotta lose, those Mid-Semester Blues. Since you deserve the very best, let Words & Graphetti design your resume. Our staff is so perfessional we can make even the class nerd look like a future D.A. Whether you're getting through UB Law School on your brains, someone else's brains, or your prowess at hacky sack, we guarantee that when we are through with you, you will be able to land a prestigious jobin the Tax Law Department at Bethlehem Steel's Lackawanna plant. Let Words & Graphetti add a degree of B.S. to your J.D. resume today! Call 555-1212 for resumes while you wait... and wait... and wait. Hmve W, Got A Proportion For You! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-11-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 25 No. 69 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/7/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ee744a5e3580f0c1371a5e1a73f11440.pdf d572e02777f5af97f77cf67ef19913c4 PDF Text Text THE OPINION Vol. 25, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Tenney, Metz Victorious in Moot Court Competition by Peter Scribner Kathleen Tenny and Matthew Metz narrowly edged out Candy Vogel and Howard Spierer in the final round of the 1984 Charles S. Desmond Moot Court Competition on Saturday, November 10. Each team of finalists had survived a month long brief writing exercise, threerounds of preliminary oral arguments, and two elimination rounds before presenting theirpositions forthe last time to a panel of distinguished appellate jurists in the Moot Court Room. Presiding over -the four member panel was Matthew Jasen, currently an associate judge on the New York Court of Appeals. Joining him were two members of the Fourth Department Appellate Division of Supreme Court, Judges Michael Dillon and Delores Denman, as well as Dean Headrick of theLaw School. Retired Courtof Appeals Chief Judge Desmond, namesake of the competition, was scheduled to preside as usual, but he was unfortunately indisposed with a minor ailment. This year's problem dealt with the First Amendment rights of cable television stations. The mythical state of Orwell passed a statute requiring cable companies in that state to provide public access channels, whilethe FCC promulgated regulations requiring cable companies to monitor their public access stations for indecent and obscene programming. An Orwellian cable company, Starcom, challenged the statute as being unconstitutional by the First and Fifth Amendments, and in addition that the FCC had neither statutory or constitutional authority to pass the regulations. The participating moot court teams worked together in writing a brief, while in oral arguments one team member argued the state issue, while the other tackled the FCC problem. While only one ofthe forty-four participating teams emerged as eventual winner, all participants agreed thatthe competition was a remarkable educational experience. Over four hundredlocal attorneys volunteered their services to act as panelists; many Kathleen Tenney and Matthew Men, winners of this year's Desmond Moot Court Competition.- Ptotoby Victor R. Sicliri of whom had participated in moot court when they were UB law students. In general' the panelists were pleased with the organization of the competition, although some did note that the subject matter—First Amend- sues involved. continued on page 4 SBA to Meet on Famine At theNovember 28,1984 meeting of the StudentBar Association, the Board of Directors acted to propose a Special Resolution calling for the donation of $300 of unallocated SBA funds to the Ethiopian famine relief cause. The resolution will be debatedand voted on at a special SBA meeting to be conducted at 5:45P.M. on Wednesday, December 5, 1984. Third-year Director Beth Ginsberg, at the November 28th meeting, originally advocated using for this purpose the $500 not used for the Westwood affair. Due to general disapproval by her fellow directors, this suggestion was changed to using unallocated funds in the amount of $300 (with a matching fund provision for up to $200 more). In addition, it was also originally proposed that the SBA immediately vote to send the money to a relief agency. After some discussion, however, it was decided by a ten to seven vote that Bylaw 14 should be triggered, therefore requiring an actual resolution to be drawn up and posted. The posted resolution states that $300 of unallocated SBA funds are to be given to the American Red Cross African Famine ReliefFund. In addition, the SBA will provide $200 in matching funds for efforts contributed by individual students and faculty and staff members. Copies of the resolution are posted in the mailroom, on the SBA office door, and on the stairwell window between the first and second floors. The wording of this resolution can potentially be altered at the meeting. The SBA urges all students to attend the special meeting this coming Wednesday at which the resolution will be considered. In an interview with SBA President Richard Gottlieb, The Opinion learned that, though he is sympathetic to the problem, he personally opposes this particular resolution. It is his view that if the SBA were to fund this particular charity, it would find itself in the position of being sought to fund other charities. (NOTE: At press time it was learned that Joseph Stillwell, Assistant to Dean, Division of Student Affairs, told the SBA they would not be permitted to use the money for the famine. The meeting for the special resolution has been cancelled.) Exam Procedures, Policies Revealed TO: Students FROM: J.H. Schlegel, C.H.Wallin PROCERE: EXAMINATION DURES AND POLICIES A. Regular Written Examinations 1. A staff memberand/or student assistants will be available at a table near Room 106 to assist students with any problems that may arise during the course of the examinations, (e.g., arriving late; completing the exam before the allotted end time and wanting to hand in the bluebook; question of possible typing errors in the examination). 2. Members of the administrative and secretarial staff will start each in-class examination and will take attendance. The staff will insure that all bluebooks are accounted for and that all examination questions are returned. The staff will insure that all examinations begin and end on time. 3. Students are notpermitted to take any regular written examination in other than the inside... ....... Pudge's Corner . . . . . pg. 8 Meanderings ment rights and communication law—was unfamiliar ground for most local practitioners. Therefore they sometimes felt illequipped to discuss the legal is- December 3, 1984 pg. 3 room assigned unless prior approval has been given for reasons such as typing. 4. The procedure for maintaining anonymity on examinations is unchanged. This semester each bluebook will have a pre-numbered labelaffixed to it. - This label is in threeparts: Label No. I —permanently attached to the bluebook. The student enters the Instructor's name, course, date, section and graduating senior, if applicable. Label No. 2—The student name, ■ instructor, enters course, section, date and again graduating senior if applicable. This label will be removed by the staff on the thirdfloor. The labelsfor each examination will be kept in a sealed envelope under lock and key during the grading period. The No. 2 labels will be affixed to the bluebooks after the grading has been completed. Label No. 3—The student course, instructor, date. The student keeps this copy. It is the student's proof by number, of the identity of the bluebook, and is a receipt for the exam. enters B. Take-Home Examinations 1. Take-home final examinations are authentic written examinations in lieuof the inclass final examinations. Take-home examinations will beadministered by theRegistrar with the A&R staff. 2. Take-home examinations must commence within the regularly scheduled examination period, and should be scheduled for return to the Registrar not later than two days after the close of all examinations. 3. The Registrar will have complete instructions detailing the rules prescribed for take-home final examinations, e.g., date(s) for release of the examination, date(s) for return of the completed examinations, specifications, if any, regarding collaboration on examinations etc. C. Papers in Lieu of Final Examinations 1. All student papers for seminars, independent study projects and courses are due no later than the last day of the examination period. Papers should be turned in to the instructor. 2. Extensions of time may be granted on application by the student, if approved by the faculty member concerned, and by the Associate Dean. The form "Request for Extension of Time" must be completed. Forms are available in A&R, Room 306,andRoom 312. D. Rescheduling Examinations Prior to the Start of the Examination Period 1. A student may request to change an examination date to a different timedun'ng the examination period. Such a request will be granted only in the most extraordinary of circumstances which must include at least: a) two examinations sched- uled on the same day; b) three or more examinations on consecutive days; c) four examinations or more in one week. Any request for such a change must be accompanied with a cogent explanation of why the courses in question were taken knowing that taking examinations scheduled in advance would cause a burden on the student sufficient to require the relief requested. 2. Students must present requests for rescheduling examinations to the Associate Dean prior to the beginning of the examination period who will act on them.Should such a request be granted the Registrar will consult with the instructor in thecourse(s) in question before rescheduling the examination(s). E. Rescheduling Examinations During the Examination Period 1. Students are required to take examinations either on the regularly scheduled day during the examination period, or on the day set for an examination which has been rescheduled under the provisions of Part D above. 2. Failure to take an examination on the regularly scheduled day, or on the day setfor a rescheduled examination constitutes failure to complete the work in the course in question, and the student will receive the grade of F for the course unlessthestudent: a) was ill on the examination continued on page 6 �VbL 25 No. 7 December 3,1984 Managing Editor victor R. siclari Randy Donatelli News Editor: Features Editor: Andy H. viets Business Manager: John K. Laplana Staff: Robert Marc Bursky, Tim Burvid, Victor J. D'Angelo, Robert C. Lehrman, CliffFalk, Paul w. Kullman, Pudge Meyer, Peter Scribner, Jeff H. stern, Tony Torres. © copyright 1984. me Opinion. SBA Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It Is the student newspaper of the State university of New York at Buffalo School of Law, SUNYAB Amherst Campus, Editor-in-Chief Robert M. cozzie Buffalo, New York 14260. The views expressed In this paper are not necessarilythose of theEditorial Board or staff of The Opinion. The Opinion Is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The opinion is determined collectively by the Editorial Board. The opinion is funded by SBA from student Law Fees. Composition & Design: words & Graphics, inc. SBA Directors Sound Off To the Editor: Once again The Opinion has abused the privilege accorded it by the board of directors of the S.B.A. We, as thirdyear directors, feel it is high time The Opinion took stock of itself and devoted a modicum of thought to the "opinions" it publishes, inaccurate as they often are. We want to specifically draw attention to the malicious and ill-informed recent editorial published by the editors entitled: "S.B.A. Decision Condemned: Members Out ofTouch". SBA SemesterReport Card Over the past few months we have occasionally used this space to eitner state our disagreementwith a particular Student Bar Association decision or to suggest some course of action. In this, the final edition of The Opinion for the fall 1984 semester, we present our view of the SBA Board of Directors as a whole with respect to their activities since taking office in September. Admittedly, we have at times been rather critical of the SBA and particular members of that body. We would therefore like to first commend the directors and officers for certain of their activities. While we initially had some doubts about President Richard Gottlieb's abilities, he has proven to be an extremely hardworking and concerned leader. Though he has not always been effective in keeping in line a group of people with widely divergent views on the purpose of the SBA, he deserves at least some praise and thanks for the numerous hours he has put into his position. Treasurer Gina Peca and Secretary Lisa Roy have also put in a maximum effort and deserve similar accolades from both us and the student body. Even Vice-President Tony Torres, who we outright disagree with on virtually everything, should receive acknowledgement for the work he has put into his job. While we cannot say the same for all of the SBA Directors, many have demonstrated their interest in student affairs and their willingness to put in long hours for the benefit of their fellow students. In addition, Rich Gottlieb and his troops can point to substantive acts which have benefited the students this semester. While we disagreed with the procedures used, the SBA (and particularly Gottlieb),can take credit for increasing student representation on the Dean Search Committee. The Halloween Party, while not as well attended as had been hoped, was a fun and successful activity for those who did participate. The SBA has funded keg parties which fall into the same category. Perhaps the largest success was in the absence of doing something—there have been no political resolutions crammed down the students' throats. The only SBA act which tarnishes this impressive record was the ill-considered Westwood decision, which brings us to our final point. We wish that we could write that all has been rosy with the SBA thus far this year. Unfortunately, we can not. While in the past they were represented by a larger number of individuals and while their power has been substantially reduced this year, there remains a small but influential faction in the SBA which insists on imposing its own political views on the rest of us. We couldn't care less if these people were liberals, conservatives or anarchists—what they are doing is wrong. They are concerned only with seeing their personal political concepts forced on the rest of us. Those beliefs have nothing to do with the purpose of the SBA. If these individuals really cared, they would stop what they are doing and instead devote their efforts towards doing what is in the best interests of the students. If they are not willing to perform their functions properly, in line with what they were elected to do, then they should resign their positions. In any event, this continuing problem which has plagued the SBA for years, needs to be rectified. We once again call for the electoral reforms advocated by us earlier this semester. As things stand, the students do not really know what they are getting when they mark their ballots. It is our view that certain SBA Directors would not have been elected if the students really knew where these people stood and what they advocated. We therefore implore the current Board of Directors of the SBA to institute a new electoral process for next year which will serve the interests of all the students and not caterto a smallbut influential group which clearly does not represent the majority. DirectorsReceive D Grades Once again, certain members of the SBA have abused their privilege accorded by the law school student body. They have used their positions on the SBA to further their political and social viewpoints. The members we refer to are Beth Ginsberg and Judy Olin (see "SBA Directors Sound Off" on this page). Ginsberg and Olin accuse The Opinion of "abusing the privilege accorded it by the board of directors of the SBA." First of all, the SBA does not run The Opinion. We are an editorially, independent student publication of the law school. What we state in the editorial, and the views expressed by others through this media, are protected by the First Amendment of the Constitution of the United States, as long as they are not libelous or slanderous. For the SBA to tell us that we cannot constructively criticize the political process of this school is akin to anarchy or dictatorship. We will not keep quiet if we think something has run afoul. True, the SBA does have "power of the purse" over our funding, but if it intends to hang it over our heads as a "privilege" then this is blackmail which we will fight against. We are the only SBA-funded organization which is expected to raise over one-third of our budget with revenue. Although we are allocated $6,500 a year to publish twelve to fourteen issues, we must raise an additional $5,700 through advertising to meet pur expenses. No other club has this responsibility. There is not much more the SBA can burden us with. Secondly, it is Olin and Ginsberg who do not give a "modicum of thought," but write inaccurate (in substance and form, i.e., spelling) and ill-informed letters. Olin stated at the November 14, 1984 SBA meeting (see minutes, Old Business, Item 7) that what we "published was hearsay since none of the staff were present at the meeting." First of all, we don't necessarily have to be present at a meeting to garner information. It is one of the primary assets of a reporter to be able to obtain facts from various, reliable sources. Three of The Opinion's staff talked to five different SBA members about the meeting, one of which was the President. We think it would behoove Olin and Ginsberg to approach us first and question our sources before they make accusations. Secondly, if they would spend less time accusing and more time researching, they would discover that one of our staff members is also an SBA director.We can revealwho it isbut we believe that asthird-year law students, Ginsberg and Olin should have the expert skills to do the research without our assistance. Thirdly, Olin and Ginsberg claim "the [SBAI decision was based on a consensus." A consensus is defined in our Webster dictionary as "group solidarity in sentiment and belief; general agreement; unanimity; collective opinion." We hardly perceive a 6-6 tie that has to be broken by the Chair of the meeting as a consensus. In fact, the close vote enforces our contention that this was a decision that was not fully supported by the student body at large and would best be left to the students' individual beliefs to attend the dinner rather than have the SBA decide for all the students whether or not the event should exist for those whowanted to go, regardless of thesocio-eco-political impact and implications. "Many students from all walks of life would not feel comfortable in the setting proposed by the commencement committee," state Olin and Ginsberg, but that is not a sufficient reason to effectively cancel the event. These students have the option of not attending the event and also could voice their opposition at'the SBA meeting.This decision was not "in the best interests of all our fellow classmates." In fact, every editor on our staff would have gone. If someone is needed to tell us what is in our best interests, then maybe we should pack up and go home to the safety and security of our parents' households. Fourth, and finally, Olin and Ginsberg claim The Opinion characterized them as hypocrites. While this may or may not have been true, let us now explicitly state that they are hypocrites. They say that the Westwood Country Club decision was done because the school "should not sink hundreds of student financed dollars towards an activity held at an institution which does not welcome all members of the student body." Yet Ginsberg is the first one to offer to send hundreds ofstudent financed dollars to another continent. We find it hard to see the all-revealing distinction that makes the dinner event impermissible, but the charity acceptable. In the former case, the student financed dollars were to be spent to raise funds for commencement. In the latter case, student financed dollars are to be sent to a charity to feed famine victims in Ethiopia. While we realize the importance of aiding these victims in a time of severe crisis, especially since the United States as a whole is such a humanitarian country willing to help others in need, we do not believe it is within the authority of the SBA to use money earmarked for student activities in this manner. It is a blatant case of ultra vires, i.e., where a corporation acts beyond its purpose and authority. If Ginsberg and Olin would check with Joseph Stillwell, Assistant to Dean, Division of Student Affairs, Room 543 Capen Hall, they would be informed that the student activity fee may be spent only for the purposes of social, educational and/or athletic events. In fact, we advise that before they do makesuch an allocation, they check with Stillwell to prevent allegations of ultra vires and/or misappropriation of mandatorystudent activity fees. While we don't criticize Ginsberg for her good intentions, and we want to stress this point to avoid any confusion in the future, we do not feel that the SBA is authorized to spend money in this manner. This money comas from student activity fees; therefore, it is to be used for student activities. If the SBA wishes to spend money for this purpose, it would be better, and probably within their authority, if the money came from a fund raiser or through individual donations. At least this way the donors would be able to claim a charitable deduction on their income taxes. "No longer will the SBA cater to the needs of a certain well-defined small group of students," state Ginsberg and Olin. While they may be referring to The Opinion, we believe they should take a look in the mirror, as difficult again. as this may be, for if this resolution pastas, they will be eating their own words... 2 Opinion December 3, IM4 The 5.8.A., acting as representatives of all of the student body, made a very difficult and wellreasoned decision to bar a stu- inviduous [sic] forms of discrimination through their member- rollment policies and innovative programs based on a liberal pradigm [sic] of education, should not sink hundreds of student financed dollars towards an activity held at an institution which does not welcome all members of the student body. While the editorial stated that the party would have been an "obviously beneficial and harmless activity," we ardently disagree. Country Clubs are not open to the general public and further practice that many students from all walks of life would not feel comfortable in the setting proposed by the commencement committee. No longer will the S.B.A. cater to the needs of a certain well-defined small group of students. We aim \p create a hospitable atmosphere within the halls of O'Brian by promoting policies evincing respect and concern ship policies. As Jewesses, we were inartdent-funded commencement fully and ignorantly characterized function at a private country club, as hypocrites; Jews were noted to after much debate entailing emo- have founded the Westwood in to tional pleas from divergent per- response exclusionary spectives. We, too, would like to policies barring Jews as well as see the senior class sponsor a other minority groups from semi-formal so as to raise funds membership in W.A.S.P. clubs. In for our commencement. Yet, the response to The Opinion's acdecision was based on a consen- cusations, we point out that we sus that we, as the only publi- acted in the best interests of all cally-funded [sic] state law our fellow classmates, with the school, boasting affirmative en- knowledge and understanding Letters . . . universally. Beth Ginsberg Judy Olin (Third Year Directors) To the Editor: Now that we're somewhat recovered from the month-long ordeal of Moot Court, we'd like to offer our thanks to all those who wrote the problem. We can truly appreciate all the time and effort that must have gone into its preparation. Although a few judges commented that they found it somewhat dry, the general consensus among participants seemed to be that it was Oral Argument Organization We understand that oral arguments must be scheduled in the evenings. Yet, special arrangements could be made for those who do not wish to miss their evening classes. We have some suggestions which might make this flexibility possible. Recognizing that the scheduling process is complex and timeconsuming, it should be done as early as possible and by a interesting. number of people. The deadline Many thanks also to all those for any special scheduling reBoard members wbp were, avail- quest could be as early as that able the weekend before orals to for the letter of intent. This could "play" judge and officiate in be included in the instruction practice rounds. We were grate.-. v-,.packet. ful for your encouragement and This year the scheduling proaccessibility. cess was complicated further by Although the overall experithe imbalance between petitionence was worthwhile, educaers and respondents. This could tional, and even enjoyable, we be alleviated by having a firm also would like to offer some con- deadline soon after letters of instructive criticism about certain tent are submitted for teams to aspects of the competition that notify the Board if they choose frustrated us personally as well to switch sides. Also early notifias our fellow participants, and cation of whenand against whom some suggestions for next year. the teams are arguing should Advisors eliminate most scheduling conAn advisor is very important to flicts. a team and can be most helpful. Judges However, this requires a subThis aspect of the competition stantial time commitment. An is most important. The quality of advisor should make the effort to judges varied greatly. To help enbe in contact with his or her team. sure a consistent high quality, Knowing from experience thatthe participants should be provided teams are working under severe withthe names of all their judges time limitations, an advisor must and given an opportunity to be available at crucial points of make a brief evaluation of each the competition. one. These should be noted by Administrative Details the Board for the following year Instructions given for the prob- when considering which judges lem should be as specific as pos- to ask back. sible. For example, if the ques- Aftermath tions must be divided between Now that all the scores are in team members in a certain way and all the awards are handed for oral arguments this should be out, why must we wait so long made explicit at the outset. Don't before ourscore sheets are made assume thatevery team will work available to us and before we these questions out for them- know who is on next year's Moot selves in the same manner. Court Board? Why must we go The system of questions and through the formality of a written answers on the office doorwas a request to get our evaluation good idea and for the most part sheets? We see no reason why helpful. However, we think more this information cannot be siminformation could be shared with ply dropped in our mailboxes. out detrimentto the competition. We hope these suggestions It would greatly aid the par- and remarks do not fall on deaf ticipants if they had more de- ears. The Desmond Moot Court tailed information on the scoring Competition is an excellent of the competition. We don't see learning experience which could any reason for it to be so secre- be made even better. tive. If participants knew the Susan Tamer Berkow categories and approximate Jessica Braginsky breakdown of the scoring proMarguerite O'Conneil cess, they could target those Andrew Katz areas deemed most critical. Howard Barman — - �Meanderings: Writer Returns: Ponders Course Offerings ing my second year, I was faced this past summer with the frightening realities of the fall 1984 class schedule. Right at the top of the list of seminars was a reasonably enough titled course: "Introduction to Policy Studies" to be taught by Dean Headrick. Reality hit home, however, with the first two sentences of the course description: "This course is about policy-making, mostly public policy-making. There is no use trying to say now what policymaking is or how one studies it." Let's be real people—if the Dean by Andy H. Viets As many of you have noticed and made me aware of in no uncertain terms, this column has not appeared in the last two editions of The Opinion. Due to other projects and a well-deserved vacation, I admittedly failed to put pen to paper in the process of meandering through the lastfew weeks of my life. No matter—l have returned for one last attempt at mirthmaking this semester. Though none have written letters, many have commented to me that they seriously doubtwhether my meanderings are true to ■life. While it is true that I have a severe credibility problem with most people, this is a blatant falsehood. First of all, as those ofyou who know me personally will attest to, I have no sense of humor whatsoever. Though I know a good joke when I steal one, I have no talent at all for making up the things I write in this space. Secondly, anyone who spends most of his time divided between this place (commanded by Space Captain Headrick and Space Cadet Schlegel) and the South Coast of California has no need to makeup storiesto fill the contents of a humor column. Casein-point: the class schedule for the 1984-1985 academic year here at the law school. meandered having After through such required courses asLaw in (out of?) Context A and B during myifirst year and having taken all of the few normal courses thatthis place offers dur- . Telefund Program Dear Lew Students: The University at Buffalo Foundation Telefund needs your help to contact Alumni to help raise funds for development at ÜB. Our past experiences have shown that students from the Law School have proven to be highly successful as Telefund Associates. As a Law Student we would like you to seriously consider participation in this year's program. Not only would your participation foster development at ÜB, butalso the prestige of your own degree. You would be given the opportunity to cultivate and refine skills needed in your career development such as persuasive negotiation, articulation, and ef- fective listening. Earning $4.00-$6.00 per hour, employment as a Telefund Associate is an educational experi- ence for which you are generously compensated. No, doubt, such an employment reference would be a distinct asset on your resume. I look forward to your eager participation in this year's Telefund. Feel free to call me at 831-3003 or 636-3013, or stop in to fill out an application at Room 155 Goodyear Hall (Main Street Campus) or on theAmherst Campus at theCenter forTomorrow. Sincerely, Mary E. Zieziula Assistant Director Technical Program Human Rights Appeal To the Editor: Notice December 3-10 is Human Rights Week December 10th is Human Rights Day In recognition of the necessity of addressing the violation of Human Rights across the world, this time has been set aside for educationand participation in the worldwidecause of securing fundamental human rights for all. This year's focus is on the torture of women all over the world, but it is not limited to such. As a symbol of one's personal recognition of this goal as the number one priority in all of our lives, I am requesting that each of us on December 10th, 1984, wear either a white armband or wristband in simple recognition of our hope that the cause is not a futile one. This is merely a token, granted, but in recognition of the mental state of most individuals prior to the commencement of examinations, it would be rather dubious to assume that the thoughts in our minds turn to the violationof human rights—the basics life and a reasonable amount of liberty every day, every hour, and every minute that we live and breathe. This commitment to securing Human Rights across the world extends to all continents, all national origins, all races, everyone. — , Margot S. Bennett Memberofthe International Law Society and Amnesty International doesn't have a clue what his own course is about, how am I supposed to? What's really scary, though, is that this man will be a full-time faculty member next year, meaning that there are going to be a lot of clueless people around this place next year (except for me—l'll be just as clueless as ever, but I'll have graduated by then). Moving down the list, I saw such gems as "Expecting" (sub- titled "The Life and Times of Al Katz, Part I") and "Animal Law" (rumored to be a required firstyear class next year). It took me over a week of coin flipping to choose which courses to take (my billable hours total wasn't too good during that period). After mailing in my selections, I first experienced a certain amount of relief but then started having a recurring nightmare about what the courses for the spring 1985semester would look like. When the new class schedule for the spring came out a few weeks ago, I was afraid to look. Rumor had it that Al Katz, Betty Mensch and Al Freeman were going to combine forces and teach something called "Expecting Animals." This proved false, but reality was nearly as bad. Katz was back with his "Rhizomatic Legal Reasoning" (otherwise known as "The Life and Times of Al Katz, Part II"). The description of this course speaks for itself: "The purpose of this seminar is to develop techniques of legal research and argument that are independent of category." Well, something is independent of category here. Elsewhere on next semester's list of courses, we find such traditional offerings as Al Freeman's "Law and Marxism" (the least he couldhave done was call it something different—I mean, let's be real Al, the word "Marxism" is just not going to look good on a transcript) and Guyora Binder's "Masterand Slave" (I have a few things that I could say about this but they're all potentially libelous). Why courses such as the ones mentioned above are' offered is beyond me. I showed the list ofthe fall courses to some of the attorneys I worked withthis past summer (perhaps a fatal error) and all they could do was laugh (you know what kind of shape you're in when a bunch of Californians think you're crazy). It is possible, though, that these professors are on to something. "Genius," wrote Elbert Hubbard in The Philistine, "is the capacity of evading hard work." In any event, as has by now become evident, for a humorist plying his trade at U/B there is no need to make anything up. What is written here is nothing more than a simple reflection (well, maybe refraction) of reality (as frightening as that might seem). Gay Law Student Exits Closet Reflectionsof a GayLaw Student by Brett Gilbert My hands are, already, beginning to tremble. My thoughts are confused, my emotions are mixed, I am tired; yet, my will is determined and I sense freedom through a lingering cloud of fear. I can see the beginning of a different view of the world, a view which allows human beings to freely create the value of themselves. I am a homosexual who is tired of lying to his friends, for they mean so much to me. I am a homosexual whois weary of sacrificing a full and meaningful life now, all for the hopes of some not-yet in the future. But most importantly, I am a human being in law school who is troubled with the way thelawand society treats homosexuals. What is the relationship between a homosexual and law school, or for that matter, the law? We might first ask, is there such a relationship? I think so. A gay person is on the fringe, on the outside of society, and in a very important sense, is able to look at society from afar, from a distance. A straight person is withinsociety (although she may be on the fringe for another reason) and is unable to step back so as to form a relationship with it. A heterosexual is society; a homosexual is not. A straight person is the Essential, the Subject, the One; a gay person is the Inessential, the Object, the Other. I see the law and it seems so far away—it is fixed, it is intransigent, it truly is the Absolute. What can I say about it, what can I do? I am afraid again. What will future employers think of me if they see a course in Gay Rights listed on my transcript? Will thepeople I now know and respect treat me differently? Will they view me as just another representative of a special interest group? We often hear how everyone in this country has an opportunity to be whatever they want to be; why do I feel an emptiness when this is told to me? I look at the law and I despair. Homosexuals are locked out of the military, the elementary and secondary teaching experience, and the institution of marriage. It is difficult for homosexuals to adopt a child, to be elected to a government position, and hold a lover's hand while walking down the street. I hear the words "faggot" and "queer" come from so many mouths, even from those who I consider friends. They seem to have no idea how much those words can hurt. The solutions to problems of law are complex. I almostfear my fellow liberals more than I do conservatives. I have come to expect conservatives and their hateful campaign of "traditional family values" stressing the differences between us all. Fathers are different from mothers, women are different from men. We all have different abilities which allow us to move up the social and economic ladders at different rates: some move quickly, others not at all. They claim there are differences in the moral worth of people—some are industrious, brave, and respectable; others are lazy, cowardly, and morally despicable. These differences are given; they are the basis upon which we treat each other differently. Traditional family values have been consistently used throughout history to oppress women, children and gay people. Liberals, on the other hand, stress the equality and similar- ities we all share. Yes, there are men and women, but we are all human; yes, there are mothers and fathers, but they all love their children; and yes, people do have different moral codes, but we are all doing what we think is right. However, with some of my liberal friends, I see in their hearts the recognition of equality, and yet, I suspect that many of them believe that the way one human being makes love with another human being really does make a difference. They ask us to follow them, but to lay low so we don't upset the others. However, all is not lost. Homosexuals can emerge from the nothingness to which we have been assigned; we can emerge from nothingness by assuming it. Yes, we are the Inessentialrather than the Essential; yes, we are the Other, not the One. We should remain on the outside, applying pressure to law and society, but not succumbing to society's demands for respectability. As John-Paul Sartre once said, "I think that for the moment the homosexual minority is obliged to remain rather isolated, to be a group in this prudish society, a group which is separated from it and which cannot [should not] blend into this society." We should remain free, we should remain divorced from the whole, giving ourselves a meaning for our lives, and not accepting the meaning others assign to us. Through the example of our freedom, others might learn to recognize their own. I am no longer afraid. I have, in a way, conquered the fear which, at first, clouded my freedom. I am alone, yet free; isolated, yet determined; no longer can others usurp my value, for I am the foundation of my own value. However, in my heart of hearts, I do fear losing the friendship of so many people I know and respect and love. To my friends, all I can ask is that you treat me fairly, you always have in the past; but don't ask me to play your game, I am free from that now. I want to be a part of you, but since I am not One with you, I may seem distant at times. That's 0.X., you still mean so much to me. To those whom I have never met—I can only ask you to give me a chance; but don't ask me to prove myself, I have done that far too many times. Someday, maybe we can talk. Now, if you will excuse me—l have talked for too long, and it is now your turn... December 3,1954 Opinion 3 �Review ofDesmond Moot Court Competition: Finalists, Award Winners, Board Members continued from page I On Saturday night, the Moot Desmond Moot Court Board judgeslisten intently to oral arguments. Court Board hosted a sensational banquet for all participants at the Syracuse Restaurant. The Quarter Finalists, SemiFinalists and Finalist Awards were handed out along with special awards for the top five briefs and the best five oralists. Rita GylysandLaura Washington won the top brief award, while Roy Mura scored highest in the preliminary oral argument rounds. For the names of all the award winners as well as the new members of the Moot Court Board, see the .accompanying chart in this issue. A final word of acknowledgement for a difficult job expertly accomplished goes to Moot Court Director Mary Armini and all the members of the Moot Court Executive Staff and the Moot Court Board. A competition of this size and complexity requires a massive amount of timeto organize; time contributed by Moot Court Board Volunteers. It is due to their efforts, as well as to the efforts of the participants, that has caused the Moot Court program at UB Law School to become one of the most successful in the Laura Washington and Rita Gytys accept their plaque for Best Brief. country. Howard Spierer and Conduce Vogel, preparing their arguments as Petitioners for the final round. To the Editor: The 1984 Charles S. Desmond MootCourt Competition came to a close on Saturday, November 10th. A list of the award winners can be found elsewhere in this issue. We thank the Alumni Association for sponsoring the Awards Banquet which honored all the competitors. I would like to take this opportunity to thank everyone who made the competition a success. First and foremost, I must extend special thanks to Executive Officers Edward Markarian, Emily Kern, and Steven Berkowitz for an exceptionally well-run com- . . lid Markarian (left) and Mary Aramini (back to camera) congratulate the second place team of Spierer and Vogel. petition. Finalists congratulate one another after competition The Problem Committee, Mary Breen, Edward Markarian, Steven Schop, and Al Stewart, deserve special praise for their extraordinary efforts and hard work in writing the problem and grading the briefs. All members of the Judging Roy Mura and Jay Goldstein received the award for Third-Best Brief. Committee should be commended for providing so many distinguished members of the local bar and judiciary for this year's competition. I extend my personal thanks to Emily Kern, Donna Hoelscher, Sarah Ayer, Judges commend finalistsfor their performance. and Lisa Block-Rodwin for their extra efforts in obtaining judges. In addition, the Board wishes to thank theLaw School staff and administration for their continued support of our activities. We would especially like to thank Ellen Gibson and all the library staff for the extra help and support they provided for this year's Peter Scribner and Paul Korniczky were recognized as winners forFifth-Best Brief. competition. Sincerely, Mary E. Aramini Director, MootCourtBoard Desmond Moot Court Winners: Kathleen Tenne^ and Matthew Metz Matthew Men and Kathleen Tenney. respondents, upon learning of their victory 4 Opinion DMMfeM t, IM4 Photos by Victor R. Slclarl . :aren Vance and William Daly, winners ofFourth-Best Brief �UB's PAD Chapter Calls Semester a Success; New Programs and Social Events Dot Horizon by Bandy Donatelli TheAlden Chapterof Phi Alpha Delta Law Fraternity is justifiably proud of its outstanding record of achievement established during thefall semester. P.A.D. is dedicated to providing service to the student, the law school, and the profession. Unlike other stuorganizations, dent P.A.D. doesn't just exist to represent a specific interest or promote particular causes. Rather, we are an organization which serves all of the law school's students. During thefirst week of school, P.A.D. held its semesteriy book sale, affording students an opportunity to make and save money by selling and buying used law books. The sale was an overwhelming success for P.A.D. as we made over $200 in profit. Our next book sale is slated for the first week of the next semester. Recently, P.A.D., in conjuncLawyer Assistance Program. tion with the Red Cross, staged Several P.A.D.'s can boast of garthe first of its biannual blood nering summer and part-time drives. We wish to thank all those jobs through this program, but who gave blood to this most this service is open only to P.A.D. worthy cause. members. P.A.D. isalso a leading sponsor The Service Committee is in of social events. Our racquetball the process of compiling and party last September was atpublishing a law school directory tendedby about 60 law students, to be made available early next most of whom thoroughly ensemester to all students. This joyed this occasion. In addition, monumental task is but one P.A.D. happy hours are not unexample of P.A.D.'s commitment common occurrences. The Soto serving the studentsof the law cial Committee of the chapter is school. planning another racquetball In light of the fact that P.A.D. party, a ski trip, more happy receives relatively little assisthours, and a possible banquet, ance from 5.8.A., the Finance all for next semester. Committee assumes an espeThe foundation of our chapcially important role. We must ter's success is based in various depend upon fund raisers and committees which are charged modest membership dues to with the duty of implementing sustain the fraternity at its curthe goals set forth by the memrent level of excellence. bership. The PlacementCommitAmong the items included on tee will soon reactivate the the Professional Development Committee's agenda is the Law Related Education Program. By conducting presentations at local schools, the LRE program aims to educate high school students on various topics of law of interest to them. P.A.D. is dedicated to improving the image of the legal profession and to making the law more understandable and less intimidating to the general public. This impressive list ofactivities is made possible by our large and enthusiastic membership. The September 1984 initiation raised theAlden Chapter's membership to 108, making P.A.D. by far the largest SBAsanctioned organization outside of the SBA itself, which includes all law students. Despite the fact that the P.A.D. contains roughly every eighth law student, our allotment of funds from SBA ranks far lower, than many other student groups who have a small fraction of our membership total.This phenomenon is not easily explained, nor is it rational or fair. However, when one considers recent SBA officersand directors, the answer becomes a bit more clear. In February, P.A.D. will hold its final initiation of the year. Since there are 57 third year students on the current roster, the fraternity realizes the importance of replenishing its membership with a vigorous and successful rush. During the rush period we appeal to prospective members by informing them of the "tangible benefits of being a P.A.D." For those interested in learning more about P.A.D. we recommend that you visit our representatives stationed at our tables located outside the library. Rush will commence the first week of school in January and will continue until initiation day. Desmond Moot Court Competition Winners _ SECOND PLACE TEAM: Candace Vogel Howard Spierer Tflfs Laura Washington Second-Best Brief: Howard Berman Jessica BraOjnsky Third-Best Brief: Jay Goldstein , Roy Mura Fourth-Best Brief: Karen Vance William Daly Fifth-Best Brief: Peter Scribner Paul Korniczky SEMI-FINALIST TEAMS: Angus Crane and William Johnson Jay Goldstein and Roy Mura f ° f" Second-Best Oralist: Angus Crane Third-Best Oralist: Arthur Scinta Fourth-Best Oralist: Richard Davies „ ",'. _._ Fifth-Best Oralist: Howard Spierer ■ ? JgusCrane Daly William QUARTER-FINALIST TEAMS David Cass and Michael Storck Richard Davies Timothy Farley Jay Goldstein Rita Gylys aren Hassett and William Daly . L JfwLvir Donna Knight Howard Berman Ross Lanzafame Karen Vance „ JD and Jessica Braginsky ■ * � The following second Robert Lipman year students have been Mark Metz invited to join the Moot Matthew Metz Montante Court Board: Jessica Braginsky Margar Burke ORAUST AWARDS S r St: Roy Mura - ■ guv »«ZStt^ §h Shari Reich Robert Schwartz Arthur «?rintfl Howard SDierer Leslie Stroth Kathleen Tenney Gay ie jowne Karen Vance Candace Vogel Laura Washington G ary winter Good Luck on Your Exams & Have a Very Happy Holiday From The Opinion resumes Woi/» St- Q\*b&ic4, \t*t- l»=-»=»™"* Forms for the One-to-One Attorney Program are available in the Career Development Office, Rm. 309 O'Brian Hall, for appointments during the Christmas break. DwsaMnbw 3, 19G4 Opinion 5 �Legal Methods Provides Support to Minorities by Greg Jackson The days grew shorter, theAu- gust air had a hint of an autumn chill as summer rapidly came to rest. With suitcases in hand, I bid farewell to my family andfriends and started my journey to Law School. I was anxious aboutwhat awaited me in Buffalo, a foreign land. I was certain that there would be no familiar faces, no friendly smiles and no one to console my woes. A feeling of isolation and loneliness started to come over me. And then there was theLegal Methods Program. For those of you who are unfamiliar with the Legel Methods Program and the students involved in it, the description on page 4 of the law school catalogue will be of limited use. Much more descriptive are the words of one Legal Methods student who stated that "The program provides a strong family support system." In my interviews with Legal Methods students I discovered that this feeling appears to be unanimous. We laugh together, console one another, and share the anxieties and joys of law school. Most importantly, we lend an ear to listen. Research and Writing Teaching Assistant and Presidentofthe Black Law Students Association, Donna Knight, commented, "The Legal Methods Program provides minority students who have something to express with a forum to be heard." She continued, "The program assists minority students in forming a positive image of themselves, as they overcome the first-year hurdles." The Legal Methods Program has been in operation in one form or another for the past 15 years, ft is an outgrowth of the faculty's and the administration's commitment to increasing minority representation in the legal profession. Dean Headrick remarked, "Over the years, minority students have been admitted into law school but a disproportionate number have graduated." He continued, "The program provides a support foundation for first year courses while preparing minority students for legal studies." The selectionof Legal Methods Program students begins with the Special Program Committee (SPC). Faculty, student and ad- ministrative members are dedicated to making the only New York State law school responsive to the disparity in minority representation in the profession when compared to minority representation in the population. Law ProfessorAlan Freeman is the Chair of the nine-member SPC. About the charge of the Committee, he says, "We make a conscious effort to find students who will make good lawyers." The SPC thoroughly scrutinizes each application. As in the case with all "discretionary admits," (all students whose acceptance is not based solely on undergraduate grade point average and the score on the Law School Admissions Test and whose files are read by a subcommittee of the Admissions Committee), the SPC looks for other "success predictors." These include such factors as work or life experiences, advanced degrees, or other special circumstances the applicant has had to overcome to reach the point of application to law school. Onlythose students who, in the Committee's estimation, show probable success, are admitted into U/B and the Legal Methods Program. Assistant Dean Vivian Garcia commented that although she could not say that this goal has always been of utmost concern in accepting minority student applications, she can say that it is now. In her role as administrator of the Legal Methods Program, Dean Garcia's list of major frustrations includes the apparent lack of understanding, or belief, that the program is not exclusively minority and thatthe program is not the only way a minority applicant is admitted: "Those people—black, white, yellow, red or brown—who prefer to deal in extremes to make their case against the program for one reason or another, ignore the details of the Committee's [SPC's] operation and often, the workings and goals of the program itself." This feeling is shared by Legal Methods students who are called upon to defendtheir positions when approached by some non-program students. Legal Methods students are required to drop their criminal law course, which they pick up in the first semester of their second Exam Policies Defined continued from page I day, or on the day immedi- ately preceding the examination, and presents a physician's certificate confirming the illness, or; b) experienced a bona-fide family emergency (such as death or severe illness of a close relative) on the examination day or immediately prior to the examination day, and presents written confirmation of this event from some reliable person. In all such cases the student must see to it that the Registrar is notifiedof thestudent's absence or intended absence and the reasons therefore, prior to thetime scheduled for completion of the examination in question. The Registrar, after consultation with the affected instructors, will arrange a special examination schedule for excused from students examinations for the reasons set out in a) or b) above. Opinion 6 F. Failure to Complete an Examination Prior to Completion \ A student who picks up an examination must expect to finish it during the scheduled examination period. A student who does not complete an examination should be graded on whathe or she submits during the examination period unless an exception is granted on petition to the Associate Dean. Exceptions should be rare, granted only in extreme cases, and only if (1) prior to leeving the law school the student has notified the Registrar or Assistant Dean of Students of the reason for the inability to complete the examination, (2) thereafterthe student establishes the reason forsuch inability to the clear satisfaction of the Associate Dean, and (3) the Associate Dean determines that the circumstances are such that equity requires that the student be permitted to be reexamined. December S. IM4 year. Instead, program students Education grant secured by the take the Legal Methods Course. This year, Professor Jack Hyman was joined by Dean Garcia in teaching the course, which is an in-depth analytical review of the development of Landlord and Tenant lawfrom the days of common lawrule to the present "revolution." After eight years of teaching the course. Professor Hyman believes that "the program is [now] in its most effective form." Among the more recent innovations is a landlord-tenant Housing Court simulation organized by Susan Carpenter, who teaches and supervises the Housing Clinic through Neighborhood Legal Services. Appearing before "Judge" Hyman, students were required to make a five-minute presentation of a portion of the case for either the landlord or the tenant. The Koren Center for Clinical Legal Education was usedfor conducting the videotaping of the two-day simulation. In addition to the course, students are required to attend weekly tutorials for each of the substantive courses in which they are enrolled. The tutorials serve to provide clarification of the subject matter through exercises, assignments and discussion. These are directed by teaching assistants and/or faculty members. Although faculty members are not directly remunerated, teaching assistants are. The program is supported by a combination of funds from the law school and a Department of office of the Assistant Dean. After the first semester. Legal Methods students have the identical course schedules as their counterparts. non-program However, the Special Program Committee makes itselfavailable to program students for advice with regard to any facet of their law school and post-law school careers. I was prompted to write this article, not to persuade but to enlighten others about the workings of the Legal Methods Program. In addition to these "nuts and bolts," however, I would be remiss if I did not allow other Legal Methods students equal say. A first year Legal Methods student remarked, that "The program is valid, worthwhileand as it attempts to fill necessary a void in the legal profession." This student chose U/B over other prospective law schools because of the program and its support system. Another student jokingly comments, "The tutorials are time consuming, but bridge the gap to understanding." Most students favored anything that would assist them in their law school careers and viewed the Legal Methods Program as a definite plus. Conversely, some Legal Methods studentsfeel they could successfully complete law school without the program but acknowledge the-program's ob- . jectives. Garcia laments the factthatthere havebeen only about 170 minority students who have graduated from U/B law school to date. While I understand the injustice of the fact that our numbers are so small, from the first day of BLSA-LANALSA Orientation I knew that what we lose in quantity we more than make up for in the quality of our family. I would like to be able to graduate knowing that the number of minority students who succeed us continues to increase. They will see that our program provides more than substantive material—it allows Legal Methods students and other "non-traditional" students to communicatewith faculty and administrators on a less formal basis. In this regard I am heartened by our recent celebration of Kwanzaa which culminated on December 3. (For a more indepth explanation of Kwanzaa, see The Spectrum, November26, 1984, page 4). The seven principles ofKwanzaa— Umoja (Unity), Kujichagulia (Self-determination), Ujima (Collective work and responsibility), Ujamaa (Cooperative economics), Nia (Purpose), Kuumba (Creativity), and Imani (Faith)—were reaffirmed by all who partook in the celebration, which included students, faculty and administrators. Many of us would like to share Kwanzaa with any people who would like to join in the Of the approximately 600,000 celebration in the future. I approach exams with some attorneys in the United States, about 4% are minorities. Dean fear, of course,- but law school is nO longer a foreign land. Financial Aid Deadlines Nearing FINANCIAL AID UPDATE by Steve Wickmark Financial Aid Advisor THIS IS YOUR FIRST WARNING: THE DEADLINE FOR APPLYING FOR NATIONAL DIRECT STUDENT LOANS FOR 1985-86AND FOR WORK STUDY, INCLUDING SUMMER '85 IS FEBRUARY 28, 1985 Application forms will beavailable after December 1. Notices will be posted throughout the Law School concerning the application procedures. There is little doubt that many current law students will fail to meet the February 28 deadline. If you are one who is habitually late, I suggest thatyoufind a very high paying jobforthis summer. If you have not already discovered this fact for yourself, I can assure you that the deadlinefor submission of the FAF is firm with very few exceptions granted, and then only for the most compelling reasons. „ A few of you have a somewhat more pressing problem; you have not yet peid your Fall '84 bill.Sofar, unlessyou havemade arrangements with the Office of Student Accounts either on your own or through me, this failure has only cost you $40.00 in late fees. However, in the event that your account is not cleared prior to Spring '85 registration you are likely to experience significant difficulty in obtaining enrollment status for next semester. In other words you will be prevented from registering. To avoid problems with registration caused by non-peyment of your account you may do one of several things. First, certainly not my recommended alterna- five, is to not register. Instead you must consider, after spending the holidays at home, an adventure tour of the Caribbean. I understand the Federal Government is planning charters for young adults not otherwise occupied. A somewhat less exciting option would be to pay your bill. I know for many of you this seems a little dull but who says everyone has to be exciting. There is an out for thoseof you who honestly are incapable of INS paying up your accounts because of delays in the receipt of your financial aid. Ifyou have not already done so, see me or leave a note in my mailbox #537 stating your name. Social Security Numberand the reasons for your notpaying. In most instances I can arrange to have theOffice ofStudentAccounts remove theblock on your file. Students needing this assistance must contact me before you register forSpring '85. Good luck on your finals. Official Apologizes To the Editor: Please reprint this open letter to the student body. Dear Mr. Benitez: I want to express my sincere thanks to you for affording me an opportunity to meet with you this past week to personally communicate a further apology for my challenged remarks made to students at the State University ofNewYork at Buffalo (SUNYAB) Law School on September 10, 1984. As I indicated to you during our meeting, I am very sorry that I made statements that were considered offensive during my presentation at the Law School. I honestly did not intend to offend Hispanics, any other minority groups, or any other students at theLaw School. I realize now that my remarks offended a number of students and I deeply regret having made them. Please believe me when I say thatI am not, and never have been, prejudiced against any minority group. I would very much appreciate having an opportunity to meet with any SUNYAB Law School students whomay have beenoffended by my remarks, to express a similar personal apology to each and every one of them. I would also like to meet with any interested SUNYAB Law School students to further discuss the employment and career opportunities available in the Immigration and Naturalization Service (INS) to Law School students and graduates. The INS General Counsel is particularly proud of his equel employment opportunity record in recent recruiting efforts for INS career attorney positions. SUNYAB Law School was a valuable contributor to our 1983 law school graduate recruiting program. You have indicated that some students are interested in meeting with me. I am available to meet with any Interested students whenever and wherever a meeting can be arranged. Please let me know when and where such a meeting can be scheduled. Very truly yours, James W. OraMe Chief Legal Officer �Once is enough! Some things are better the second time around - takirtg bar exam isn't one of them. 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Jefferson Blvd., Culver City, CA 90232 (213)558-3100 CES/BRC Eastern Regional Office: 10 East 21st Street. Suite 1206, New York, NY 10010. (212) 505-2060 safsdfsadfsdf 7 �Pudge's Corner: The Saga Continues: Pudge's Summer Internship With Carson County's District Attorney's Office by Pudge Meyer Conclusion It didn't take me long to realize why the whole office was a little down in the dumps. I found out that it happens every August. In August eachyear, Carson County starts to melt. The temperature soars to the mid-nineties, and there's a thunderstormevery day at 4:15. As a result, people get edgy, and one thing leads to another. August is the busiest month for criminal activity. Some people have a thirst for this type of activity. Not so for the A.D.A.'s in Carson County. After theharsh winter, they much prefer to take it slow in the August heat. But they can't. They handle more cases and see more defense lawyers; more defense lawyers who drive up to the court-house in Jaguars and Cadillacs. I hear it mostly during lunch. "I knew he'd get convicted. I wonder how much his lawyer made for that four-day trial." "Enough to take a long weekend at the Cape. What do I get—l get the same salary, which ain't much." "You're doing all right." "All right? I bring my lunch in a bag. I got two kids about to enter school. Everyone else takes theirkids to Florida, while we do stufflike go camping. It's all I can afford. You see my car—it's a '78 Pinto. Working here—it's barely enough to live on." "But your kids —you show them that money isn't the only thing. You've shown them to appreciate nature; you've taught them that the best things in life are free." f "I've shown them that their daddy works long hours all year round, and that he can't afford to buy themAdidas high-top sneak- ers." "I never had a pair of Adidas in my life." I looked dow/n at my man-made shoes. "But I'm not crying about it either. I consider myself pretty lucky." "You say that now, in retrospect. But when you were seven, you always dreamed what it would be like to go to Florida. All my kids see is that their neighbors have two cars, arid their friends get a new bicycle every year. Sure, we have enough food; but it's hard for a child to understand why I can't buy him whathe wants for his birthday." "What does he want?" "A round the world cruise on the QE II." "I admit that's a bit extravagant. I wonder who gave him that idea." "I'll tell you who did. It was one of his friends—whose father just happens to be a defense lawyer. All my kids see is thatthe government pays hard-working people a subsistence wage. Itbreeds discontent." "Why don'tyou go into private practice?" "I couldn't do it. There's not enough civil work in the area, and I don't want to go to the big city. I never could do criminal defense First Years' Win Title One L Sec. II Captures Football Championship In one of the most exciting intramural football games in U/B history. One L Sec. II found themselves down 20 to 0 early in the second half. However, the team was able to regroup, and came back victorious with a 27-26 triumph. This win gave One L Sec. II the U/B Intramural Football Division I Championship and they finished the season with an impressive 6-1 record. The one loss came when halfthe team did not showup, because you guessed it, Robert Remedial was due the next day. The comeback was headed by quarterback Rick Resnick who was 21 of 29 for 280 yards and 4 ceived a warning. The defense, led by defensive end John Formica and comerbacks Brian Bornstein and Tony BeMan, was outstanding, totally closing down the opposing team's offense in the second half. Formica arrived at the field in his royal green "George Washington U" jacket, and you knew he was ready to play. He recorded several sacks and was in the opposing team's quarterback's face all game, while Bornstein and BeMan denied the ball to their receivers. The championship game was well attended. Included in the crowd were such well-known first year students as Rachel Roth, Sue Kent, and Alecia LaCapruccia. Special thanks goes to public relations director Dave Cochran. Dave set up the championship celebration at Rooties Pump Room. work. These pieces ofdirt that get convicted—and in Carson County that's almost everyone who goes to trial—l could never try to get them off the hook. These guys are doing bad stuff out there. They try to sell drugs to our kids in the neighborhood; they commit burglaries and robberies on the people who live in this town. I live in this town too. Yes, yes, I know all about constitutional rights, and the rules of evidence, and that you're entitled to defend yourself. But when I see a guy who has a rap sheet a mile long including six prior charges for burglary, acquitted because he's got a swift lawyer, it drives me up the wall.Let's face it. Nine out of ten times the cops know, the D.A. knows, and the defense lawyer knows that the guy is guilty. I just can't be part of that." "Why don't you try to get into Law Enforcement?" "They won't take me, on ac- count of a bad leg—l hurt it dur- the office refrigerator. I had been ing a winter vacation in Florida trying to do that for years. Say...how'd you like to work for when I was six." "See—by not taking your kids me next year? I'm sure I can get to Florida, you're giving them an rid of someone." "Thanks, but no thanks. Caropportunity you never had.What son County is a nice place to more is there to give? visit..." MCVIX EPILOGUE The summer burned on. My I said my good-byes and bid last day of work would be August twelfth. I went in to see D.A. Carson County good riddance. Since that time, Crenshaw has in Jergens. "I really want to thank you for real life left the office and joined giving me the opportunity to a firm in the next town over. work for you. My summer here A.D.A.'s Clift and Phelps, who inhas proved very instructive, as terviewed me in the first issue, well as enjoyable. I've made a lot have turned down offers in New of new friends here, and I've Jersey and N.Y.C. The new learned a great deal. And most stenographer uses my coathook of all, I want to thank you for in- regularly. Cammille the recepviting me to your barbecue. The tionist advised me that I would food was super." I shook his be wise not to show any ofthese hand. articles to anyone within the of"Keep in touch. You think I fice. I am currently paying herthe haven't noticed things—l've seen sum of $25 dollars a week tokeep how you took a whole shelf in 1 her mouth closed. RES IPSA LOQUITUR The Pieper New York State - Multistate Bar Review offers an integrated approach to the New York Bar Exam. We emphasize sophisticated memory techniques, essay writing skills and a concise, organized presentation of the law. You will be prepared and confident. PIEPER NEW YORK STATE MULTISTATE BAR REVIEW. It Speaks For Itself. PIEPER REPS Joseph D. Coleman Richard Eric Gottlieb Penny Rubin Richard Schaus TD passes. Resnick took some Deborah M.Williams Steve Wickmark ribbing from his own teammates on a couple of scrambles when Joan Kenney he ran out of bounds rather than 90 Willis Avenue Mineola, New York 11501 being "tagged" by the other team. It seems Resnick feels that Pudge on Sports: even in touch football the quarterback has to be careful about an injury. Resnick's two big targets were safeties-6. split between Roland Cercone widereceivers Joel "soft hands" by Pudge Meyer The spoke team memberthat and Kevin Szanyi. All other I Schechter and Wilt Zickil. I spoke with a member of with provided me with a team chores were handled by Kenny Schechter, a former Cornell Uniroster. He had trouble rememMoskowitz, Notaro, Scott versity standout, snared 3 touch- Schlegel's Raiders, a Law School bering all the players' names, Mcßride, Dan Dooher, Greg university-wide footdown receptions along with 11 entry in the other catches, whileZickeladded ball intramural program. The and asked me not to identify him Hoelsher, Jack Murray, and Big tough medical as the spokesmen. I agreed. Sam. I spoke with Big Sam after a TD reception and 5 catches. Zic- team will face a So Tom Notaro told me that one of their shutout victories. squad for the championschool kel commented that he develteam won three of their "You played a great game, oped his receiving abilities by ship this Saturday, which has the games only players. Saturday. now become last with five 8.5." A Imbushels thrown to catching hay agine large groups of "Gosh, I don't know I think him by hisfather on theirBatavia law-med final so much for un- robust that... undergrade with separate we gave up too many first dergrad athletic prowess. farm. In posting a 7-0 record, the teams for offense and defense downs. And only two of their The line was anchored by Kevin team hasallowed only 24 points. couldn't beet a small group of guys had to be carried off the at center and O'Shaughnessy stingy defense hes set over-the-hill, one-time athletes field. I think we leerned a lot from Their guards Bruce Hoover and Keith United States Colwho had to play both ways for this game. We need to be more numerous was almost Fabi. O'Shaughnessy (USCI) rethe entire game. The President aggressive." legiate Intramural ejected from the game for a re- cords, including number of ought to set up a commission to I also spoke with a player who quarat not fit to directed print, mark, explore this phenomenon. asked me not to name him. I aggame-13; terback sacks a OB in a referee. He was able to plea bar- sacks in a season-111; and reed because he already had a chores were Quarterbacking theofficial and reonly with gain Opinion December I.IW — — Football Squad Reflects on Season — 8 - - — (516) 747-4311 name. Here's whathehad to say: "Haha-ha, Scotty Segal, Hahaha." "What does that mean?" "That was a third-year teem who thought they were going all the way." "What happened?" "They lost in the first round to a bunch o' freshmen." "Why is that something to be ashamed of?" "For starters, their front line averages 260 lbs. They talked big all season, what's gonna happen when we meet in the playoffs. And thenthey go and lose in the first round. Haha-ha." If anyonesees Tom Notaro, aak him if I forgot anything. - V^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1984-12-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/3/1984 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5e04c1f7ff0e0670f47e49fd4f7d576b.pdf 7540b8c71192b795960f83c25cc589ba PDF Text Text THE OPINION Vol. 25 No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 6, 1985 O'Brian Hall Falling Apart at the Seams by Victor R. Siclari If it seems to you that O'Brian Hall, theLaw School building, is was the rupture of a pipe behind the wall on the second floor Library Reserve rooms, According falling apart, your assumption is to Gibson, frozen water caused correct. For the last five years the the pipe to burst sometime durroof has leaked, and for the secing the first few days of the blizond year in a row the same pipe zard whenthe school was closed. in the Sears Law Library has It was first discovered by univerburst, explained U/B Law School sity maintenance, but it was not Dean Thomas E. Headrick and until Wednesday, January 23, Law Library Director and Asthat anyone on the library staff sociate Law School Dean for became aware of the problem. Legal Information Services Ellen This was the second time that M. Gibson. the same pipe burst. Last year, the pipe had burst when extreme Pipe Burst Floods Reserve Area, temperatures caused the cold Damages Books water in the pipe to freeze. The latest mishap which the Maintenance had to cut a hole in Law School building has suffered the wall to gain access to the shut-offvalve. After thisfirst mishap, a trap door was supposed to be installed in case of a future problem with the pipe, said Gibson, but nothing had been done. Instead, the hole remained, covered only by an aesthetically displeasing piece of cardboard and tape to block the cold drafts. If the trap door hadbeen installed, it may have prevented some of the water from gushing out the patched-up hole. The flood of water caused damage to the carpeting in the two offices, reserve collection area and staff lounge behind the Circulation Desk, as well as the carpeted area that extends in front of the Circulation Desk by the display cases near the library entrance. In addition, books stored on the window ledges and shelves were damaged. Gibson noted that some of the damaged books were inexpensive paperbacks thatcouldbe easily replaced, but others were expensive ALA directories which currently are being dried out in a special facility of the University. Flood Causes Stain in Capret and Odor Problem Garbage cans are lined up outside ofon seventh floor of O'Brian to catch leaking water. fices 'Hole in library wall where pipe froze is patched up with cardboard and tape Public InterestLa w Program Concentrates on Fundraising by Charlotte Sibley U/B Law students Charlotte Sibley and Sue Silverstein, along with Audrey Koscieiniak of the Career Development Office, attended the National Conference of Public Interest Law Foundations. The Washington Conference was attended by representatives of over 50 law schools from all regions of the country and was the first conference of its kind. The conference, which was organized by the Equal Justice Foundation, had two main objectives —the exchange off undraising strategies and management of law school-based public interest law foundations, and the formation' of a permanent national coalition of public interest law foundations. Student Organized Fundraising During the two workshops on public interest law foundation fundraising, information was exchanged on diverse strategies which lew students have used to raise funds for their summer internship end fellowship programs. Many programs, including the Buffalo Public Interest Law Program, rely heavily on student andStudent Bar Association contributions. However, additional sources have been developed to raise the estimated $600,000 that law school public interest law foundations generate each year. The most successful programs rely on a fundraising strategy which includes alumni solicitations, law school administration and student contributions. The following are illustrations of various law school fundraising techniques: Boston University Public Interest Project raised over $30,000 in its first year by conducting a phone-a-thon fundraising pro- gram. The agreement was that the school would match alumni pledges received as a result of the campaign on a dollar-for-dollar basis. University of Minnesota's Justice Foundation also uses the fundraising technique of matching funds. Their program has private law firms which agree to sponsor a public interest law internship, contributing one third of the salary. The agency or organization that hires the student pays, one-third of the salary and contributions and pledges from the foundations members make up the rest. Law School Administration Support for Public Interest Law Funding In addition to direct financial contribution to student-managed public interest law foundations, many law school administrations have created their own innovative strategies for encouraging public interest law. Notre Dame Law School offers a tuition remission to a small number of students following public interest law internships in their second summer. Northwestern University offers a loan program forgiveness for graduates whose first job is a low-paying public interest law position. Similar loan deferral or forgiveness programs are in effect at Harvard, NYU, Stanford, Touro and Columbia law schools. Douglas Phelps, Director of Public Interest Placement at Harvard Law School, encouraged development of such programs at all law schools, to reUCLA, Stanford, University of dress the financial burden that Pennsylvania and American Unipushes many students away versity all conduct various types from public interest positions of fundraising events. These and into higher-paying jobs. events include: a ten kilometer National Coalition run, an awards dinner at $25.00 The conference concluded per plate, a coffee table, and a with the passage of a resolution theatrical production. to form an ongoing, permanent coalition of public interest law foundations. The purpose of the Another important technique coalition is to continue an exfor fundraising that our own pubchange of information among lic interest program has been the local foundations and progsuccessful with is gaining foun- rams on fundraising, managedation grants. In order to receive ment and development of pew a grant from a foundation, persisprograms. The coalition also will tence and establishment of perwork to ensure that information contacts are essential. Two sonal affecting access to justice a years ago, BPILP received public interest law $3,000 grant from the Erie reaches the continued on page 7 County Bar Association. Although maintenance had vacuums to remove standing water on the carpets, explained Gibson, the equipment which the University owns for this type of problem is limited in itseffectiveness. "Although maintenance vacuumed up as much water as possible, the carpet was still wet enough that you could touch it and see the water seep out of the carpet. My staff had to wear boots because the water would seep right through their shoes," said Gibson. She noted that the library clerks had to endure damp and cold conditions be- cause of this. "There is a real need for suitable equipment to effectively get the water up from the carpet." Another problem- which Gibson cited is that there is wet car- pet beneath the bookshelves. Since the rugs were thefirst thing to be laid down in the Library, the bookshelves are located on top of the carpets, rather than having the carpet cut around the stacks. Gibson said she was unsure whether the part of the rug beneath the bookshelves will dry or if there will be a mildew problem. Currently, there is a very noticeableodor problem. And although most of the water has dried in the open areas of the carpet, the water has caused staining. She said maintenance has plans to shampoo the carpet to kill the mildew. O'Brian Roof Falling to Pieces Another problem, which has been long-standing, concerns the external condition of O'Brian Hall. The building, constructed in 1972, first started showing signs of decay about five years ago when through water began leaking the ceiling on the seventh floor. No affirmative action was taken at that time to repair the problem and instead the problem has worsened and extensive damage throughout the seventh floor, with the most severe problem in the area of room 706. Garbage containers, lined with plastic bags to catch the dripping water, are lined up.outside the caused offices on the seventh floor as if it were garbage pick-up day. However, on a rainy day it becomes apparent that there are still .more leaks than there are containers to catch the water in. This has resulted in decay of the ceilings, water damage to and holes in the carpet, and damage to furniture and items in offices, not to mention damage to the internal structure which is unobservable to the naked eye. Not even The Opinion office, in room 724, is spared. It sports two garbage cansto Catch the water. And continued on page 6 SBA Veep Resigns To: Richard E. Gottlieb 'Date: January 30, 1985 It is with heavy heart that I render forth my resignation of the position of Vice-President of the SBA, effective immediately. Being involved has become my characteristicand I leave a great deal undone today. Unfortunately my studies and family must come first; due to my inability to juggle thevarious responsibilities that I hold, it hasbecome imperative that I lessen the load which I have attempted to carry. My deepest apologies to those ofyou who have believed and supported my actions on the SBA. Although not everyone can accept my positions on the various issues, I pride myself in taking a stance and working toward a better SBA. My decision to resign is due to scholastics and not politics, and should therefore not be taken as a sign of discontent within the SBA (nothing could be farther from the truth). I apologize for the burden I leave behind. I am confident my replacement will endure end add to the accomplishments of this administration. Sincerely submitted, Anthony N. Torres See related article page 7. �Vol. 25 No. 8 February 6,1985 Editor-in-Chief: Robert M.Cozzle Managing Editor: Victor R. Siclari s News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Tim Burvid, Victor J. D'Angelo, Robert C. Lehrman, Cliff Falk, Paul W. Kullman, Pudge Meyer, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. © Copyright 1985, TheOpinion, SBA. Any republication ofmaterials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of NewYear at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition & Design: Words & Graphics, Inc. Editorial Policy The Opinion Editorial Policies Questioned Stances Called 'Hypocritical' the To the Editor: (Reprinted with permission of The Spectrum) If you gentlemen can find the time and energy needed to rouse yourselves from the gutter, I have a few words of praise for you. Congratulations! You have surely reached new depths in editorial irresponsibility. Your success of the You measure SBA President by his ability to be "effective in keeping in line a group of people with widely divergent views", and refer to the members of the Board as the President's "troops". These militaristic metaphors, used to describe an elected body of student representatives, are interesting indeed. It is evident fromyour editorial, that you believe the sole function ofthe SBA is to throwkeg parties. While these events, in their own right, are worthwhile, the SBA has traditionally recognized a sense of social responsibility which prompts it to sponsor activities whose focal point is not a beer keg. The SBA is political; The Opinion is political, in fact, we Americans are a very political people. You speak of hypocrites, and political neutrality, yet it is your own, narrow, political reference point upon which you ground your accusations. (With reference to Westwood: "In fact, every editor on our staff would have gone.") One last note, with reference to Messr. C. Donatelli's "article" about PAD. Without disparaging the group in any way, I would like to say the "article" should have either been labelled an editorial, or noted the fact that Donatelli is both an editor of The Opinion, and an officer of PAD. This simple rule of journalistic ethics isfollowed by such papers as the New York Times and The dual editorials in the 12/3/84edition of The Opinion were worthless. I have placed copies on reLibrary for Over the past semester, there have been several complaints about the manner in which serve in the Law School community to perUniversity the of function due to the lack of awareness the The Opinion has operated. Part of thefault was these editorof a newspaper and the other part was due to the absence of sufficient communication with use: if nothing else,for their singthe students. In order to clear up any ambiguity or questions concerning the newspaper's ials are of interest integrity. ular lack of journalistic policy, we have set forth what we deem to be the most relevant aspects of our functions Messrs. Cozzie, Siciari, Donaland methods of operation. telli and Viets, you have compromised your paper in order to Articles mount your unfounded, maliOur dates of deadlines, layouts and publication are posted at the beginning ofeach semescious, personal attack against ter in the mailroom and on the door of The Opinion's office, room 724 O'Brian Hall. All Student Bar Association Direcarticles submitted must be typed double-spaced in order to facilitate editing. Articles submittors Olin and Ginsberg. As you ted after the deadline will be published only if there is prior notice. noted in your editorial, the All articles received are subject to editing for spelling, punctuation, diction, libel, or gramWestwood decision was based mar. This includes changing words in a sentence in order to clarify the meaning of the on a 7-6 vote of the SBA Board author. No substantive changes in an article will be made without first receiving permission of Directors yet it is only from the author. Articles may be shortened if there is a lack of space. However, this is rarely Ginsberg and Olin whom you done, with preference given to shortening ad space to accommodate copy. All articles subsingle out for attack. Why? mitted will be published if there is enough space. Due to the method of printing, the size of Your critique of the proposal a newspaper such as The Opinion is printed in multiples of four pages. Therefore, one week to send the $300 to Ethiopia is there may be enough copy for ten pages, but we can only print eight pages. Whereas the pathetic. So long as the SBA next week there is enough copy for twelve pages, we will print twelve pages. posted notice of the proposal; Since our staff is limited, we cannot cover every issue of importance. We do try to print provided an opportunity for pubarticles on topics for which there isthe broadest base of interest. That by no means indicates lic debate, and then passed it by we disdain articles for which there is a minority appeal. Instead, we encourage students to a majority, it would seem well submit articles concerning the law school, its clubs, its students, different fields of law or within the authority of the SBA. the legal profession. The SBA charter is broad: it leaves theBoard room to take exAds Ads should be submitted as early as possible prior to the deadline for articles. If an ad traordinary action in the face of will be submitted late, notice should be given in advance to The Opinion. All student-funded an extraordinary crisis, i.e., the' Spectrum. Gentlemen, there is hope! Rest clubs are entitled to free advertising space for club-sponsored events (except fund-raisers) famine in Ethiopia. Your editorials provide your assured you can sink no lower. or club meetings. Ads for outside businesses are subject to our advertising rate, a copy of which is available upon request. Club ads for profit-making ventures will be given discounted readers with some insight as to. Sincerely, advertising rates, however. The Opinion will try to accommodate as many club ads as space your character, or lack thereof. George A. Terezakis permits in the issue, the least priority going to a second ad submitted by the same club. The Opinion reserves the right to alter the wording of student-funded ads in order to accommodate space restrictions. — v Paper 'Misstates' Views Headlines Dear Editorial Staff: also registering the highest number of votes. While I am sure that the Board appreciates The Opinion's positive statements concerning the majority of its activities, some facts need to be straightened out. The party at the Westwood counstory. The Opinion has suctry Club was never conceived as, ceeded in becoming part of the nor intended to be, a profit-makproblem, instead of a force in the ing venture. SBA was going to solution. foot the bill for leftover costs beBeginning with the subject of cause of a fear of exorbinant a "political" SBA, perhaps it is ticket prices. The party was esThe Opinion whoshould "spend tablished as a Fall Semi-Formal, more time researching." Rich and nothing else. Those DirecGottlieb won the presidency on tors whovoted against a country a political platform (as opposed club setting, all seven of them, to that which was based on parwere doing their job by upholdties, not politics). Given the exing what they saw as the contensive coverage by The Opincerns oftheir constituencies. The ion, both candidates were able Editorial statementthatall of The to clearly articulate their views to Opinion's editors would attend all interested students. That the panty epitomizes the paper's coverage, however encompasslack of concern for thosewith difing for the executive offices, was fering viewpoints. Which five non-existent for all other candimembers of the Board were dates. By soliciting viewpoints questioned concerning the vote? from all candidates, perhaps in a Any members whovoted against questionnaire. The Opinion, inhaving the party? Another note, stead of complaining about elec- your staff reporter/Director was toral reforms, could help solve not (along with myself) in attenthe problem. dance at the meeting at which the As a re-elected Director, I revote was taken. ceived the largest number of Lastly, I think that The Opinvotes from my fellow secondion's tacticsof singling out memyear students only after circulat- bers of the board to castrate for ing a position paper stating my a group vote is distasteful and views on important SBA issues. personally motivated. Seven Another interesting fact for the Board members voted against editors of The Opinion to note is the party at the Westwood, yet that Beth Ginsberg received the only three were chastised for it. same mandate in her class by continued on page 3 Headlines represent the main concern, issue or topic of the article. They are devised by Once again The Opinion has the editorial staff at layout. Due to the inability to change print size to fit the space, we must make the print fit in the space. Therefore, the size ofan article's headline can vary according shown its inability to collect and to the space restrictions on the individual page. This, in turn, means the headline may not analyze all of the facts surroundalways fully reflect the whole article. If any author wishes to have a particular headline or ing a situation upon which it reformulate his own headline, the author is welcome to attend layout and the editorial staff ports. In addition to continually will instruct you as to how the process of making a headline is achieved. covering merely one aspect of a Letters to the Editor Letters to the Editor will be published under the same guidelines as articles. Occasionally, the editorial staff will respond or make comments to these letters, especially if there is a direct attack on The Opinion or its policies or if the editorial board feels that the student's reliance is mistaken or not in the best interests.of the school. A student can request to have his identity withheld when his letter or article is printed. The student should submit the letter or article in a sealed envelope and indicate the request of anonymity on the outside of the sealed envelope. However, the student should indicate on a separate piece of paper his name in order to ensure that the article or letter is submitted in good faith. The envelope will be opened onlyby the Editor-in-Chief or Managing Editor. Staff Status All editors are elected annually at the end of the spring semester by the general staff. General notice is given of the date, place and time of elections. General Staff members acquire their status after three contributions, and maintain this status by earning one contribution credit at least once every three issues. One contribution credit is achieved by the publication of one article with a student's by-line, or two graphics, or two photos, or attendance and active participation at one layout, or a combination of the above. No credit is given for letters to the editor or un-by-lined articles submitted on behalf of organizations. Editorials Editorials may reflect a more detailed response or comment to an article or letter to the editor, or it may concern an issue which the editorial staff feel merits further discussion. The editorial does not single out any student for a personal attack, but it may be used to respond to an individual(s) who attack(s) our personal viewpoint. Like all students who 'submits Letters to the Editor orarticles, the editorial staff is entitled to express its viewpoints on certain matters which are directly related to the law school. In our editorials, we hope to achieve a balanced presentation ofthe issues, sometimes being biased or disproportionately weighted to one side of an issue in order to present a complementing viewpoint to those already conveyed. We do not profess that our viewpoint is the only correct one, but we do like to believe, just as anyone else does, that our opinion is the best one. The Opinion welcomes feedback and opposing viewpoints because it is only in that manner that the real truth can be ascertained by our readers. 2 Opinion February 6, 1385 ' �Meanderings: Columnist's Life is a 'Complete Disaster' And sure, I managed to takeall my finals and live to tell about it tjut I would venture a guess that I could have printed my exam answers in this space and gotten just as many laughs for — considerably less effort. And sure, I got an extension on — my seminar paper but so did everyone else, and I bet that none of them soon came to realize, as I did, that all of the work he or she had already put into it had nothing to do with anything even remotely resembling a legal concept accepted as -such somewhere within this universe. And sure, I drove all the way to Mom and Dad's house on Long Island virtually unscathed and in reasonably good weather but, so what? The conditions what hasbecome an all too often month of December is nothing diatribe on* my part concerning but a blur to me now, though that my cursed fate in hell itself. So, might just be due to the fact that let's start at the beginning: I was in desperate need of a pair My life is a travesty or, more of contact lenses at the time. simply put, it is a complete and Well, I suppose that in retrototal disaster. My problems spect, December wasn't so bad startedthis past December. Sure, afterall but lemme tell ya, the I was about to hand my Property month of January was definitely II paper in on time but I could a complete and total disaster. have lived without having to do Let's start at the beginning: it in the first place. Do you have any idea how I spent my three weeks on Long Island? Packing that's right, packing. It seems that Mom and Dad are planning on retiring sometime this year so I had to pack up all of my stuff in preparaeven the least political mind. tion for shipment to destinations One-sided reporting does notfall unknown. Have you any idea what it's like to try to either pack or in line with those First Amendment principles so clearly enunthrow away nearly twenty-five years worth of memories(or junk ciated in the Editorial on December 3. Instead of continually as Mom and Dad put it)? Believe remaining part of the problem, me, it is no easy task for a sentiperhaps the Editors of The Opinmental old softy like myself to ion can make a New Year's resol- dispose of even some of my life's ution to reflect and revise their treasures (I did keep my Mr. own techniques, and then start Potato Head, though). becoming part of the solution. When I finished packing it was Sincerely, Saturday, January 12, and time Lori Cohen to drive back here. That was an Second Year Director adventure I will not soon forget. — by Andy H. Viets I am very rarely in a good mood when I find myself in this part of the country and, particularly, in Buffalo for the month of January. This time is no exception. Now that we are all back in this God-forsaken frozen wasteland, I havechosen you, myfaithless readers, as the recipients of — — Cohen Charges Editors With 'Get-Them' Mentality continued from page 2 Why? The Editors' attempt to show what were obviously typographical errors in Ginsberg and Olin's letter only confirms the pettiness of their attacks. The Opinion's latest show of disapproval concerning the' politics of famine clearly establishes the "get-them" mentality of the school newspaper. It was, in fact, theBoard who suggested a fund raiser, along with the donation. Comparing a party to the issue of millions dying daily offends — — I did manage to set a new per- sonal land speed record for getting my car from Long Island to Buffalo—four days. It seems that Delilah (that's mycar's name) decided that she wanted to visit Binghamton for awhile. As I was driving north on Interstate 81, just before it crosses NY 17,her clutch gave out (just like a woman, wasn't it?). As chance would have it, however, a series offortunate events came my way. I was able to flag down a truck, which drove me to a gas station, the operator of which had a tow truck which he used to transport Delilah to a Nissan service center (Delilah is a Datsun, and since Nissan is now Datsun, or is it the other way around, thismade perfect sense), the manager of which, after informing me that absolutely nothing could be done until Monday, directed me across the street to a Chevrolet dealer, in which the salesperson rented me his last available car for nothing more at the time than a small cash deposit (which was particularly fortunate considering that no financial institution is insane enough to give yours truly a major credit card). To make a long story short, I drove the rest of the way here in a blinding snowstorm, though without mishap, and a few days later I returned to Binghamton to get my Delilah back. I am happy to report that Delilah and her not as-proud-as-he-once-was-owner problem, insteadof a force in the shape. Do not think, however, thatthis is the end of the story, for the — — rest the Blizzard of '85 is yet to come. You are most likely asking yourself at this very moment where I was meandering about when that raging storm commenced. Well, I was at home, where I stayed for the next several days. Things sure did get messy out therefor awhile, didn't they? Actually, though, several good things happened overthatperiod of time: 1) I rewrote my seminar paper from last semester (the one I got an extension on), 2) the 49'ers kicked the shit out of the Dolphins (in Super Bowl XIX), 3) Mayor Griffin proved that he could perform reasonably well as Streets Commissioner (maybe they should give him the jobpermanently and let someone else be mayor), and 4) Governor Cuomo declared Western New York a disaster area (something he shouldhave done years ago). It appears thattheeffects of the blizzard may be with us for a while yet. One of my roommates still hasn't shown up at our apartment, and at last report he has no intention of doing so until every last snowflake melts. At this time you are probably wondering why I have used this entire column to describe such mundane things as packing, Delilah, and snow, when I could have written about my most recent excursion to Paradise the South Coast of California. Well and I am ashamed to admit this I did not go there this past Christmas break. Even ramblin' gamblin' men like myself have to deal with occasional budgetary constraints. I am, . — — — however, tentatively planning one last pilgrimage to my adopted homeland during spring break before I make the big permanent move in May (job or no job). Despite my belief in those eternal words of John Lily in Mother Bombie, "I thank you for nothing, because I understand nothing," I would like to close by stating that any and all donations to this worthy cause will be gratefully accepted (though I seriously doubtthat they would be tax deductible). Accusations are Unfounded, Editor Counters Dear Mr. Terezakis and Miss Cohen: Thank you very much for taking thetime and effort to respond with to our recent editorials the unfounded and uneducated accusations you have assailed our characters with. Before I respond to these character assassinations, I must digress for a moment. An editorial is a comment orpoint ofview which reflects the beliefs of the EditorialBoard. We do not claim to be, nor maintain any semblance of, the Almighty. As many of our readers know, we are law students. We are membersof the law school community and, as such, we also are constantly in contact with members of the studentbody. Many of oureditorials are based on these contacts and, therefore, are not "attacks" on certain events, decisions or indias they have been viduals termed. Instead, they are reflections and statements of the attitudes we, as law students, experience from our fellow classmates and which we, as the editors of the newspaper, communicate in a forum other than the bathrooms, the Baldy Walkway or the Library. But to the point at hand... Mr. Terezakis, when one considers journalistic integrity, you ant certainly not an expert. Further, your own statements — — , show how inaccurate your accusations are. Your (mis)quote as to how we measure the SBA President's ability certainly produced a smile on these lips. Our statement (see: The Opinion, 25/7, "SBA Semester Report Card") was thatRich Gottliebhad not been effective as to "keeping in line" those "people with widely divergent views on the purpose of the SBA." Amazing how a quoted statement can change meaning merely by using the full sentence, isn't it? As to your comments regarding the by-line of Randy Donatelli'sarticle on P.A.D., theobservation you made as to Mr. Donatelli being both an editor of The Opinion and an officer of P.A.D. is an indication of the extensive research you musthaveundertaken to prepare your diatribe. As any alert reader could discover, Mr. Donatelli's name is prominently displayed on our masthead next to the title "News Editor" and, as one who once was a member of P.A.D., you must know that Mr. Donatelli is the Chapter Clerk. Very astute. At this juncture. I also would like to address Ms. Cohen as well as Mr. Terezakis regarding the Ethiopian famineresolution. Our critique of this propsed resolution was not baaed on our indifference to the famine problems, ' but the means by which it was to be accomplished. Apparently the two of you suffer the same shortsightedness that has become prevalent throughout the law school. Our editorial stated that student activity fees- could not be used for such purposes and that Ms. Ginsberg and Ms. Olin would be wise to check with Joseph Stillwell before earmarking these funds (The Opinion, 25:7, "Directors Receive D Grades"), as a means ofprotecting themselves. " While Mr. Terezakis apparently only had time to read the editorial section of our paper (as his letter was publishedDecember 7, only 1984 in The Spectrum three days after The Opinion editorialcame out, which means, considering deadlines, he had about a day and a half to churn out a concise, reflective and well thought outresponse), Ms. Cohen, you shouldhave assumed some journalistic integrity andread the beginning whole newspaper with the front page where we printed a news box regarding the special SBA famine meeting. The meeting was cancelled because Rich Gottlieb also contacted Mr. Stillwell prior to the resolution vote. One other comment, Mr. Terezakis. Surely you are not naive enough to believe thatany government orruling body should — — be allowed the broad, discretionary power you advocate for the SBA? Now, with regard to the one complete quote you used properly, Mr. Terezakis, and whichapparently has caused concern for "In fact, every Ms. Cohen editor on our staff would have gone [to the Westwood Country Club Semi-Formal]." I am sorry for printing such a truism. It reflects a modicumofbadtaste and indiscretion on mypart as Editorin-Chief of this newspaper. The fact is, except for a few individuals, there has been no adverse response to eitherofourpast two editorials (issues 25:6and 25:7). If theconstituencies whom these directors purport to represent were so concerned with these matters, why didnor they usethe available forums to express themselves and their disagreement with holding the semi-formal at the country club? Generally, nonresponse by a gro. \ as large and diverse as the law student body indicates eitherapathy oracceptance/acquiesence. Considering that many of our readers and friends (and, yes, they still respect us despite these abrasive "attacks" as you have so ineptly put It) congratulated us on our editorialandacknowledged their corresponding beliefs, the editorial board feels that we have — . more accurately represented the student body than the SBA on certain issues. This letter may seem sarcastic and cynical to some, humorous and farcical to others if is to be treated as a little ofboth. That is what happens when you beat a dead horse. Take it for better or worse but keep in mind the initial comments I made at the beginning of this commentary. The editorials written herein are a true consensus of the editorial board and are published with that intent. Robert M. Cozzie Editor-in-Chief — SUMMER LAW STUDY in Dublin London • Mexico City Oxford Paris Russia-Poland San Diego Foreign LH> Program* Univ or SunDi«9G School 0> t•» MotWPwK Smi DtMJO CA »»110 6. 1986 Opinion 3 �Policy on Endangered Species Examined by David Piatt The current method of endangered species management in the United States involves the use of the übiquitous cost-benefit analysis mechanism. The task is simple or at least it appears to be. The benefits accrued from preserving the livesof organisms from both the plant and animal kingdoms are weighed against economic and social costs necessary to make such a preservation effort possible. This procedure, which is so deeply engrained in most if not all aspects of the governing process, has in the past two decadesbeen formally made the very basis of the endangered species management decision- Factors To Consider Certainly many factors can be taken into account to arrive at an extremely rough estimate. Such factors might include the aesthetic valueof passing through a delicate and unique ecosystem or spotting a rare bird. Others might include research potential in making agricultural advances and in the development of new products and medicines. Genetics research is essential for the improvement of crops; the rapid doubling rate of the world popu- lation is placing an ever-increasing strain on current agricultural practices. Energy research also benefits from genetics work, as new products such as biomass making agenda. and oil energy sources have been developed from various plants. The Balancing Process Roughly half of all drugs prescribed in the United States have A brief review of the parameters involved in this balancing their origins in living resources. process reveals how uncertain Medical research, on such disthe results of such a program can eases as cancer and diabetes, is be. On one hand, there exists a dependent on a large and diverse fairly distinct and identifiable genetic pool. character called "economics". These important reasons for The costs involved in the setting maximizing and preserving biological diversity tend to emaside of a given acreage of wetlands, forest, or farmland in phasize one vital point: we do not order to preserve a species or necessarily know what we are population are relatively easily losing when a species dies out. calculated. In a similar fashion, Biological diversity on the ecosystem, community, population any losses absorbed by a landowner or developer who is pro- and species levels, is thus of the hibited from developing such utmost importance. land can be determined. Factors Causing Decline of Species On the other hand, however, The decline of a species can the permanent loss of a species, usually be traced to one of two population or even ecosystem is factors; habitat modification or an incalculable entity. Someoverexploitation. Habitat modifitimes a price or numerical value cation, the more prevalent of the just cannot be placed on such a two, can take many forms including the drainage of wetlands, the loss. Attempts to Protect Endangered Species development ofland for housing, agriculture or transportation, chemical pollution from point and nonpoint sources, and biothe displacelogical pollution ment of native species through The United States began the process of formally protecting — endangered species with the of the 1966 Endangered passage the introduction of exotics. Preservation Act. This Species The less common but more funds to acquire law set aside dramatic destructive force is that required the Secretary lands and the of overexploitation, with of the Interior to generate a list classic example being the plight of threatened species. Protection of whales. Whales are a common extended to foreign species property resource; they belong was in the form of import limitations group, or nato no one person, by the Endangered Species Contion in particular. As a result, servation Act of 1969. This act each whaler is encouraged to also promoted the benefits of an maximize his own take at the exinternational conference to dispense of the whale population worldwide problems in encuss and society as a whole. species management. dangered This concept of common propthese two general However, the erty abuse is not limited to specific proteckingdom. Tropical rain acts provided no animal forests, tion for any given species. This type of protection was first afforded by the Marine Mammals Protection Act in 1972, which imposed a moratorium on the kill- as an endangered "species", are being exploited at a phenomenal rate in Africa, Central and South America, and Southeast Asia. Some experts believe that all rain forests, with the exception of a few small gov- ing and importation of marine The United States' efforts on a The most comprehensive legthough criticized islation to date arrived in 1973, national scale, many environmentalists as by when the Endangered Species being insufficient, are impresAct was passed by Congress. sive. The major existing problem This important act gave the Secretary of the Interior the authority remains the fact that most species exist outside to protect all species in the U.S. threatened in developing counand provided for a formal listing of the U.S. tries.The U.S. cannot easily exert of endangered and threatened direct control over habitat modspecies. It also included a provision allowing any person to file ification or overexploitation outa civil suit against the U.S. or its side of itsborders. Internally, the agencies to enjoin them from need to find a happy medium between exploitation, controlled by violating the act. gave the 1973 Finally, law the economic incentives and preservation, which has mainly scienSecretary the authority to regulate indirect effects of economic tific and humanitarian roots, still activity on endangered species. exists. Government intervention, in the form of comprehensive This final version was incorporated in the notorious Section 7 legislation, appears to be moving of the act, which provided for the with.some success in the direcidentification of "critical habitat" tion of compromise. for a given listed species and — kilometers each year an area roughly the size of GreatBritain. To save these areas will requie more than simple legislation; the human problems must be solved first, beforeany significant headway can be made toward averting further ecological extinctions. . PASS WITH PIEPER Library Head Named Ellen M. Gibson, J.D., a 1980 cum laude graduate of the State University at Buffalo Law School, has been appointed director of the UB Law Library and associate Law School dean for legal information services, a newly created title. Gibson, who had been serving for the past year as associate director of the Law Library, succeeds Wade J. Newhouse as director. Newhouse, a Law School faculty member since 1958, accepted appointment as law librarian last year en an interim basis, having served in that capacity The Pieper seminar is now the hot' bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. previously. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. Gibson's dual appointment as Law Library director and associate dean was announced by Thomas E. Headrick, Ph.D., dean of the Law School. Before becoming associate director of the Law Library, Gibson was employed as an attorney with the Buffalo law firm of Albrecht, Maguire, Heffern and Gregg. She also supervised the — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 X 4 Opinion February 6,1985 firm's library. In addition to her law degree, Gibson received a master of science degree in 1964 from the School of Library Science at the University of Michigan and a bachelor of arts degree in 1963 from Denisoi) University in Ohio, where she was a Phi Beta Kappa student and a magna cum laude graduate. From 1974 to 1979, she was employed part-time as a reference librarian at the UB Law Library. She also has served as a reference and circulation librarian at Canisius College and as a paralegal problem lecturer at Hilbert College. She was director of the Clarence Public Library from 1965to 1967 and director of the Melvindale, Michigan, Public Library from 1964 to 1965. As an associate professor on the UB Law School faculty, Gibson teaches a course in Advanced Legal Research in Taxation. SBA Blizzard Bash — See Your Pieper Rep: Joseph D. Coleman Penny Rubin Deborah M. Williams loan Kenney Future Prospects mammals. ernment protected pockets, will be gone within the next half century. Solutions to this problem do not come easily. The people of the developing nations where most rain forests are found need this unique ecosystem to survive. As a result, the rain forests are being cleared at the fantastic rate of 250,000 to 300,000 square . which allowed the Fish and Wildlife Service to cancel or modify government-funded projects such that listed species were not further jeopardized. The rigidity of the standards set forth in the 1973 law, specifically Section 7, led in 1978to the passage of several amendments. These amendments in effect relaxed the standards by allowing a project to be exempted by a high level committee should the benefits of species preservation not compare favorably to "other considerations." This nebulous term refers to "overwhelming" economic and social considerations. The amendmentsalso provided for critical habitat designation at the time of species listing, imposed a two-year time limit between proposal and listing dates, and provided for a review of the status of each listed species every five years. Richard Eric Gottlieb Richard Schaus Steve Wickmark r The S.B.A. Social Committee Ken Libby The man with the and the Commencement Com$! mittee jointly sponsored theFirst Jane Blumenthal—The UltiAnnual Blizzard Bash (formerly mate Sign Maker! the "Who Needs an Excuse to Dan Elias —The King of the Party Party?" at the Pine Lodge ticket sellers! on Millersport Highway, on Scan and Richard of the Pine Thursday, January 31st. The Lodge for their cooperation Party raised almost $600 towards and everyone else who this year's commencement. I helped! would like to expressly thank a few people for their outstanding Thanks everyone for partying effort. with us. Look for more parties soon. Steve Schop The man who Sarah Ayer did everything! Chairperson, Lori Cohen She is the SBA Commencement Committee — — Social Committee! �NYS CIVIL SERVICE CAREER DEVELOPMENT OFFICE PRESENTS A SERIES OF CAREER PANELS EXAMINATION We understand that there is a conflict. The NYS Legal Careers Civil Service examination is being held on the same day as the Trial Technique finals, April 20. All students who are affected are eligible to take the CS Exam on Saturday, May 4. Trial Technique students who wish to take the Legal Careers examination on May 4 should: Submit their names to CDO by Friday, Feb. 14 Pick up the examination applications and announcement at CDO Return their completed application form and a check for the examination filing fee to CDO by Friday, March 1 Students who are not affected (are not enrolled in Trial Technique) must take the April 20 test; applications deadline is March 11. Applications for the April 20 test should be submitted to Albany directly. Litigation ——Civil Real Estate — Law — Practice — Matrimonial Labor Law — p.m.) afternoons February 13 February 20 March 13 • •• SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONE-PAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. March 20 Criminal Law Corporate April 10 April 17 Late (around 3:30 Rooms TBA Watch newsletter for specifics. The Jaeckle Center for State and Local Govern- ment Law will kick off the second semester with a box luncheon on February 11, 1985 at 12:15 P.M., in Room 545, the Faculty Lounge. Our guest will be Robert Whelan, the controversial Comptroller of the City of Buffalo. All are welcome to attend. Put a little variety into your noontime break and join us! Poetry Corner by Victor J. D'Angelo Cabin Fever WAILI \)Q, Cabin fever, it's kinda like dance fever, 06lHio except I don't have the hair cut. ?6*M SI Make all kinds of dinners with chicken thigh meat, Nothing to do, but think of things to eat. Danny Neavereth 's been tell in' us about the snow, Pack it up Dan, I think it's time to go home and see the kids. Will we make it outa this alive, I don't know, but I know Ican't legally drive to the liquor store. 2-1 jf WALL H H H i U//">-!•€. X S"t/«AoVy Buffalo, We're Talking Trapped My girl wants to kill me with a sharpened axe. Bell's got no food left, nothing but chicken necks and backs. I haven't been able to study any kinda law, Thert 's three feet of snow in frontofmy door. Under the snow I'll leave my car, Gonna pipk it up after the July bar. Stay inside my friend keep sane and warm, Stay inside my love they're predicting another storm. The Pine Lodge Check my knife at the door. SUNY at Buf, School ofLaw is having a party at the Pine Lodge. Crash my car into the snow, Inside I had to go and see the sights. The Big L's talking to a second year. Wait a minute, what goes here. There's a stuffed deer head on the wall. Way to go. Steve-O. S<3~xe La*J Pf*»^««'o<rs February 6, 1986 Opinion 5 �Repair Slated TO: FROM: RE: for CTBrian Faculty and Students C.H. Wallin Calendar Changes, Spring Semester 1985 Attached are the revised First Year and Upperclass calendars for the current spring semester. First Year — The revised schedule adds three days to the calendar: Monday, April 8 Thursday, May 2 Friday, May 3 This schedule gives us 12 Monday sessions and 13 Tuesday, Wednesday, Thursday and Friday sessions. Upperclass — The Monday, April revised schedule adds two days to the calendar: 8 Thursday, April 25 Following is a breakdown of the number of sessions: 12 Monday 13 Tuesday 13 13 12 Friday 12 Saturday It is suggested that Instructors provide a make-up class or add sufficient additional time to their classes to make up the lost time. Wednesday Thursday LAW SCHOOL CALENDAR SPRING SEMESTER 1985 UPPERCLASS REVISED Instruction Begins Washington's Birthday-OBSERVED Spring Recess Begins at Close of Classes Classes Resume Instruction Ends Examinations COMMENCEMENT Friday, February 15 Monday Monday Saturday Monday Thursday Fri.-Thurs. Sunday — Deadline for Law SchoolFaculty to hand in ' January 14 February 18 March 30 April 8 April 25 April 26-May 9 May 19 all grades forFall'B4 Semester. FIRST YEAR REVISED Instruction Begins Washington'sBirthday—OßSEßVED Spring Recess Begins at Close of Classes Classes Resume Instruction Ends Examinations continuedfrom page I as annoying this problem is to the sense of sight, it further affronts the sense of smellwiththe emanating mildew odor which pervades the halls. Failure of Roofing Materials Caused Problem Dean H. Fredericks, Assistant Vice President for Physical Facilities, explained that thefailure of roof materials caused the leaks. Most of the problem is occurring with the roof flashing where it meets the wall. Apparently there was premature aging in the roof due to the weather extremes which Buffalo experiences, Fredericks said. The remainder of the problem is aging, which is not uncommon for a roof ten years old. "Although we had hoped the roof would last longer, this is not unusual," noted Fredericks. According to Dean Headrick the initial delay on repairs was caused because neither the University nor the builders would take the blame and fix the roof. Eventually it was decided thatthe builder was at fault, but there was litle recourse because years had passed since the builder's bond had been returned and the building already had been accepted from the builders and turned over to the University Building and Grounds for maintenance. Instead theUniversity Construction Fund is going to pay for the repairs. University Construction Fund to Foot $127,000 Bill It was only thisfall that theUniversity finally obtained approval from Albany to have the roof repaired and let out the bids. But by the time a contractorwas chosen, it was too close to winter to do the work. Work is scheduled to start sometime this spring. The cost will be $107,000 for the external, structural repairs which will incorporate some design change to prolong the lifeof the roof, and $20,000 for interior furnishings. When Dean Headrick was Monday Monday Saturday Monday Friday Mon.-Fri. January 28 February 18 March 30 April 8 May 3 May 6-13 questioned why the University can completely construct two new buildings right across from O'Brian Hall in half the time that it took the Law School to get some action to have theroof repaired, he explained that this is due to jurisdictional problems. First of all, once the construction of a building is completed, the funding is closed. Then it is turned over to University Building and Grounds for. maintenance. They are two separate departments. Second, the Dean explained, "I am just a tenant, not a landlord." And if anyone should know about the constraints of feudalism, he is the one. !!! IT'S PARTY TIME !!! WITH THE OPINION Silver Anniversary Recruitment Party Thursday, Feburary 7 4:00 P.M. Room 724 Menu: Pizza and Beer Why? We could use some writers and photographers. 6 Opinion February 6,1M6 �VP Vacancy Opens by Lisa Roy, SBA Secretary Tony Torres, current Vice-President of SBA, handed in his resignation at the close of the SBA meeting held January 30th.With the deepestapologies, Tony Torres explained that responsibilities to family and studies had forced him to make this decision. Writing both as studentand SBA Secretary, I would like to thank Tony for his effort and time spent in office. Although many have not agreed with his positions on various issues, I thank him for caring enough to express his sincere beliefs in what is best for the student body and the school. The resignation of the VicePresident leaves a vacancy which must be filled. According to the SBA Constitution, if a vacancy occurs in an elective office and there are more than forty-eight class days left in the term of the departed member, an election must be held to fill the term. The election must take place no later than eighteen class days after the vacancy occurs. The election may be waived at the discretion of the SBA board if no more than one candidate meets therequire- ments for a valid candidacy as determined by the SBA. Any full or part-time student enrolled in the law school may run for office. A candidate must submit a petition containing signatures of at least 10% of the entire student body, in other words, at least 80 signatures. All are encouraged to run including SBA Board members. The Constitution mentions only two duties which are accorded to the Vice-President: to assume the duties of the President in his absence, and to be a memberand chairman of the External Affairs Committee. The Vice-President's role, however, expands and contracts throughout the school year, and he/she is looked upon by the SBA as being thePresident's right hand. An Election Committee will be formed to administrate the election. The committee will meet Thursday, Feburary 7th at 3foo in the SBA office room ,101. All those interested in either helping on the committee or finding out more informationabout the vicepresidency are welcome. If you cannot attend please leave a note in my box 744. — — Legal Aidfor Elderly is Topic Caring for the elderly sometimes requires decisions pertain- benefit programs such as Medicare and Medicaid, and financial ing to legal matters. issuesrelated to relocation of the To offer guidance, the Center elderly to long-term care for the Study of Aging at the facilities. State University at Buffalo has The winter-spring schedule scheduled a special evening also offers two afternoon and workshop on "Legal Aspects of seven morning sessions on a variety of topics. The $5 fee for Caretaking the Elderly." The program, one of 10 CARERS (an acronym for Caregivers Assistance and Resources forthe Elderly's Relatives Series) workshops planned for the winter- continued from page I spring period, will be conducted foundations. Access-to-Justice from 6:30 to 9:00 p.m. on March issues are issues such as ad27 at the Marriott Inn, 1340 Mil- ministrative rulemaking changes lersport Highway, Amherst. The and Legal Services Corporation instructors are two local attorbudget cuts. The coalition also neys, Beaufort Wilbern and Mary will act to encourage the formaEngler Roche. tion of public interest programs Family caretakers who attend and foundations at law schools advised about property be will which do not have themal ready. ownership, estate planning, TheBuffalo Public InterestLaw wills, power of attorney, public Program feels encouraged and each session, to help defray costs, is payable through formal registration or at the door. Further information, including registration procedure, may be obtained by contacting Marlene Kwiatkowski, program coordinator, at the UB Center for the Study of Aging, (716) 831-3834. Fund Raising Emphasized resumes professionally typeset Buffalo. To: All SBA funded organizations RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: 1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and In the Spring (before April 1) to report on the group's activities and plans. 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretion of the SBA Board of Directors be denied future funding." IVJev\s Xc»r-I< excited by the great deal ofinformation that was shared at this conference. The organization is incorporating such information into its fundraising strategy for this, its sixth, year of summer internship placements in Western NewYork. Students interested in BPILP are encouraged to contact Al Dong, Sue Silverstein, Charlotte Sibley, or any of the BPILP directors. FREE BEER!! FREE PIZZA!! I BAR/BRI PRESENTS j STAN CHESS I Discussing Summer 1984 Bar results and introducing this summer's new bar review programs. § Wednesday, February 13, 1985 | | 12:30 in Room 109 | Any questions, please contact the following: Scott Stechman Mary Pat Enright Jay Goldstein Karen Vance Jill Kawa Dan Elias Steve Wickmark Lorrie Kolbert Vie D'Angelo Roland Cercone Jack Murray Rita Hubbard ' GayleTowne Laurie Frank Lee Smith Seth Sahr Andy Fleming Tom Pernice Wendy Friedberg Jane Blumenthal Jessica Braginsky Sim Goldman Dan Figueroa Jason Reid Roy Mura Susaft Berkow Gary Farrell Paul Hensley Rich Murphy Susan Kozinn Cathy Pappas Nancy Barshter Gina Peca - .. . 401 Seventh Avenue, Suite 62 . - - Rob Galbraith Tim Farley Bill Daly Lori Cohen Laura Washington Bonnie Gould Leslie Stroth Paul Korniczky Tina Simpson Patty Robinson John Matt Fusco Ed Peace Tom Roach 1 1 | | New York, New York 10001 (212) 594-3696 - - - m " -,—^^m^^^—u^jiM February 6,1986 Opinion 7 �H Hr WITH JOIEPHSON BAR REVIEW COURSE VALENTINE'S DAY PRICE ROLL BACK! ENROLL BETWEEN FEBRUARY 1 & 14 AND RECEIVE LAST FALL'S $150 DISCOUNT OF: $125 $175 , 8 <£")1985 JOSEPHSON BAR REVIEW CENTER OF AMERICA Opinion February 6, 1985 - NY NJ - PA r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d8e3decc201b98cbb1bd39ae9bf848fa.pdf 170f0d7b0998d803a7af53bf2ec76fb0 PDF Text Text THE OPINION Vol. 25 No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Law Library to Install Fully Automated System by Randy DonateHi On Tuesday, January 19, the law school library commenced use of the new GEAC Automated Circulation System. GEAC is a computer network in which bar codes on books and I.D. cards are read by the computer, thereby fully automating the processes of taking books out of the library, calculating late charges, and printing overdue notices. This new system, which will serve all S.U.N.Y. Buffalo libraries, will implement a revised Uniform Library Loan Code. Even though U/B has always had a library code, the law library, due to shortages in personnel and resources, has rarely enforced the code. However, Director of the Law Library, Ellen M. Gibson, stated thatthe new code will be strictly enforced. Gibson praised GEAC for its many attributes. The system will curb abusive practices, such as one student monopolizing commonly sought materials. The computer has the ability to keep inventory which, according to develop its collection to best meet the needs of the law school community. The relevant provisions of the new Uniform Library Loan Code are as follows: students and faculty may keep materials for four and sixteen weeks, respectively; borrowers may renew items no more than three times; overdue notices will be sent seven, fourteen, and finally, thirty-five days after material is due; borrowing privileges will be terminated thirty-five days after a non-reserve item falls due, or thirty-five days from the date on which the fine was assessed; the maximum overdue charge is $25.00 per The 36th Annual Law Revue is attend an organizational meeting Tuesday, February 19, at 4:00 PM in the first floor lounge. The Law Revue is the law school's annual equivalent of "That's Entertainment!" (or is it "Those Wacky Bloopers and Bleepers"?). Each year, the premiere entertainment talents of the school are invited to strut their stuff in an evening of theatrical excellence. Amateurs and professionals alike present their best, from truly excellentmusical performances to seemingly endless Schlegel imitations and Katz jokes. Veterans of previous Revues may recall that some of the past productions tended to drag on a little long, however, this year's Revue Director Howard Spierer guarantees thatthe 1985production will come in under two hours. "The problem in the past is that individual skits often went on too long," said Spierer. "Even with the high caliber of writing . . . —SBA Veep Election page 3 —Pudge Meyer Returns page 7 —Unofficial Lawyers Handbook.page 6 —ABA Update pages 2 and 4 Prospective Faculty to Meet culation must be returned or renewed in person —telephone renewals will not be accepted. Although the law library's reserve desk will continue to operate manually for the near future, Gibson said it will eventually implement the GEAC System and Loan Code. Therefore! students can expect to befined for keeping reserve materials longer than two hours. Despite all the attributes of the new system, Gibson expressed concern over "the loss of flexibility" that may result. The law library has always functioned To: All First and Second year students Re: Faculty Candidates As you are probably well aware, the Law School has a number of openings for new faculty. Over the course of the next few weeks the Law School will be interviewing several-prospective candidates. An important part of this procedure concerns input from us, the student body. After all, we are the ones who must select courses and subsequently sit through them. So, if you've been unhappy with the course selection, or if you would either like to perpetuate, modify, or yes, even do away with, the "Buffalo Model" this is your chance. Each candidate is given the op- and all materials currently in cir- Law Revue is Coming scheduled for production in the middle of March. The exact date and location had not been finalized as of press time. Students interested in participating in this gala event are urged to son noted, the benefits should clearly outweigh any drawbacks. Most importantly, the GEAC System will free the library staff from many tedious tasks and allow it to substantially improve quality and services provided by the law library. Inside The Opinion item; fines accrued on overdue materials must be paid at the library that issued the materials; Gibson, will mean greater availability of materials. Since GEAC serves as a uniform cardcatalogue for allU/B libraries, the efficiency of cross-referencing with the university's other libraries will be greatly enhanced. The computer also tabulates the frequency with which materials fairly informally with respect to are used, allowing the library to circulation and fines, but, as Gib- by Peter Scribner All student I.D. cards will have a bar code like the one above in order to use library facilities. February 13, 1985 talent in this school, it's almost impossible to write more than about three to five minutes of good stuff." Therefore, all contributing acts will be required to be as short as possible. The range of entertainment welcomed in the Revue is as wide as imaginable. Traditional contributions include songs (both real and lip sync), musical groups, poetry readings, naked professor contests, and of course Buffalo Model skits. Anyone who has an idea for a contribution to the show is welcome to attend the organizational meeting mentioned above. In addition, the Law Revue Executive Committee has a' stable of highly talented professional writers and directors who have produced literally hundreds of pages of first rate material awaiting willing volunteer performers. Therefore, if you are interested in participating but don't have a specific act in mind, feel free to come to the organizational meeting. You'll be dazzled at the options available. First year students are especially encouraged to participate. Insightful satiric material on first year life and the professors that inhabit it is always appreciated by nostalgic upper class students. portunity to meet with all interested students. It gives us a chance to ask questions of them, and them of us. It also provides the student members of the Fac- ulty Appointments Committee with a substantial amount of student feedback to present to the administration when it becomes time to make appointments decisions. In addition it allows us the opportunity to air our views to these potential faculty members who, should they get appointed, will then come to the school with an idea of what we perceive our needs to be. The meetings are open to any interested student. They are usually held in the faculty lounge, located on the fifth floor, and you can come and go as you please. There will be a calendar posted in the mail room. It will list the candidates, their teaching interests, and any other information of interest. It will also list the time set aside for the student meeting. The next candidate will be Gregory Stantion, Ph.D in Anthropology, M.T.S Harvard Divinity, with interests in Intellec- — tual Property and International Business Law, appearing Wednesday, February 13, 3:30 pm, Faculty Lounge. On Friday, February 15, same place and time, there will be a meeting with Christine Jones-Baxter, attorney for the U.S. Commission on Civil Rights. Her interests arts in civil procedure, federal courts and constitutional law. If anyone has any additional questions feel free to ask any of the student members of theFaculty Appointments Committee. Remember, if you don't make an effort to get involved now you've got no reason to bitch come September. Thanks, Ed Peace Howard Spierer Charlotte Sibley Allison Tuitt Student Members, Faculty Appts. Committee SBA to Hold Special Election for V.P. Post As reported in the last edition of The Opinion, Tony Torres has resigned as Vice-President of the Student Bar Association. A special election to fill this vacancy will be held next week, Wednesday, February 20. Voting will be conducted from 9:00 A.M. to 5:00 P.M. on the second floor in front of the library. All law students are eligible to vote. At press time, two individuals had announced their intentions to run in this election, Andy H. Viets and Lori Cohen. Viets is a third year student and the Features Editor of The Opinion. Cohen is a second year student and an SBA Director. Statements by each candidate appear on page three of this edition. Originally the election was to be held on Friday. Due to the fact that many students do not have Friday classes, however, the SBA has decided to change the date to next Wednesday. All students are urged to exercise their right to vote in this special election. �Vol. 25 No. 9 February 13,1985 Editor-in-Chief: Robert M.Cozzie Managing Editor: Victor R.Siclari News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. ©Copyright t985. The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition A Design: Words & Graphics, Inc. Editorial In last week's edition of The Opinion, we reported that Tony Torres had resigned his position as Vice-President of the Student Bar Association. Under the SBA's Constitution a special election is to be held in order to fill the vacancy. That election will bejield next Wednesday, February 20. We urge all law students to exercise their right to vote in this very important election. At press time, two individuals, Andy H. Viets and Lori Cohen, had announced their candidacies. Both are highly qualified persons with somewhat divergent views of the purpose of the SBA. Their respective statements appear on page three. We suggest that you read their statements before making a decision and casting your ballot. It is the policy of the editorial board of The Opinion to make no endorsement ofany candidatefor an SBA position. This election is no different. Nevertheless, we would like to state our view of the type of person who would make the ideal Vice President. This is in large part tied to our view of the function of the SBA. One function of the SBA is to represent the students in dealings with the administration. Another is to fund and support student activities (organizations and parties). It is our belief that the new Vice-President should make every effort to prevent the SBA Board of Directors from acting beyond the scope of these functions. During the past few months we have criticized the SBA for occasional attempts to overstep its authority. On the other hand, there has certainly been less of this than in past years. Nevertheless, we feel it to be imperative that the trend continues towards less external politics and more concern with issues which directly affect law students. With particular reference to the Vice-Presidency, that position has been described as being the President's right hand. While we see the need for the holders of these two positions to work together, we also believe it necessary that the VicePresident be an independent voice when it comes to implementing the above listed functions of the SBA. Whether you agree or disagree with our view of the SBA and the Vice-Presidency, we again urge you to vote tomorrow. As evidenced by last semester's Westwood decision, the Vice-President can play a major role in matters which affect you. Remember it's your money so vote! — Activity Fee — Referendum by Gina Peca State University of New York policies require that a referendum be held every four years to determine whether the student activity programs will be supported by mandatory or volun- letic fee and commencement. There are also unallocated monies which are used to fund special events which occur throughout the year. For the last four years the fee has been mandatory. This has given SBA organizations and SBA itself a chance to develop new programsandfund these organizations. Each year budget hearings are held. At that time, each group has the opportunity to request funds for the next year. In the next issue of The Opinion, a detailed analysis will be provided to show exactly where money has been spent andfuture projections for the student activ- tary student fees. The Law School will be holding the referendum during the first week in March. At the present time, the Student Bar Association funds sixteen organizations. This year, the SBA has chartered two new organizations which will be available for funding during the next fiscal year: In addition to funding the orprovides ganizations, SBA money for social events, orientation, speakers, the student ath- ity fee.. 2 Opinion, February 13, J985 Commencement Dates Set the 22nd. They will be $8.00 for a the sitting. This price includes free composite of the graduating Plans for the 1985Law School class. The sign up sheet will be Commencement are well under in the mail room on the second floor. way. The Student Bar Association Social Committee and the The word on the actual ComCommencement Committee mencement ceremony is that sponsored a Blizzard Bash on there will be one unified ComThursday, January 2 at the Pine Lodge on Millersport Highway. The party was a great success by Alan D. Stewart and $600.00 was raised for the Andy H. Viets wrote last Commencement festivities. The semester is that he had no sense Committee Commencement seeing as how also planning an "85 Days 'til of humor. Well, to become a that's all it takes for the end of Graudation" Party Opinion, it should writer for The February. We are also looking come as no surprise to my into the possibility of a semi-forfriends that this article appears mal in early April. on these pages. Let all readers The results of the Commenceconsider this title to be an ment Survey are being compiled acknowledgment that Andy H. by the Committee so that we can Viets has a lock on the word plan Commencement weekend. "meanderings." Some of what We gave Dean Headrick the follows is true. back to Buffalo on Januranked list of speakers and he is I gotand was called into Charlie 14 ary contacting the of in process Wallin's office. He made me them. The top five in order were promise never to leave chicken 1) Mario Cuomo; 2) Geraldine wings and Garden Burritos in my Ferraro; 3) Ted Koppel; 4) Judith locker again. (I thought for sure Kay; and 5) Elizabeth Holtzman. I'd get away with it if I got rid of In the near future the Comthe bleu cheese before leaving mencement Committee will be acDecember 23.) Pudge warned cepting hominationsfor the stume.... dentspeaker. You may nominate I added up the tallies for last yourself or anyone else. The semester I asked 115 different senior class will then vote on the people to move away from sat in front of my nominated students.The top three where they locker, (ostensibly) so I could or four students will be interuse it. This breaks the record viewed and a speaker selected. jointly held by Hank "Hallhound" Senior pictures will be taken Dubronski (Class of '75) and the week of February 18 through Larry "The Loiterer" McElevy By Sarah Ayer, Chair of Commencement Committee 18. The Law School will have a separate convocation on Sunday, May 19 at 9:00 a.m. in the Alumni Arena. We will have a reception afterwards and probably a cocktail party the night before. That's all the news for now more in the next issue. Unconsciousness — ... mencement on Saturday, May (Class of 77). If I didn't take a night course (Agency and Partnership) I wouldn't have had the daytime free for such an achievement! I was so proud of myself that I immediately wrote home to my parents. They don't think I have any goals here . I had a dream that all U.C.C. courses were outlawed as violative of the Eighth Amendment proscription of cruel and inhuman treatment. It was a typical dream. Brennan was upset, and Rehnquist accused him of being "intellectually constipated." I woke up unusually refreshed. I'm proposing an S.B.A. Resolution next week! "Resolved: That all State Statutes be declared void for purposes of cases based on diversity citizenship, and that the United States be returned to Federal Common Law Rule!" Sorry Professor Berger, a lot of railroad men and bookies lost out when Erie was handed down... I had a really good time at the Pine Lodge the other Thursday night. I'd appreciate it if whoever drove me home would tell me though -1 lost my cashcard and I want to check his/her car... ABA Rep Lists Programs By Paul Korniczky, ABA Representative tion of theLSSF to you and help in any way I can. (See related article). As the American Bar AssociaStudent Paper Competitions tion Representative, I want to All I can say is "Try oneof these quickly describe (1) a program you have nothing to lose." potentially worth $2,000 to the 1) Natural Resources Student law school and, (2) some student Paper Writing Competition: No paper competitions for those of exact subject has been deteryou who have old seminar papers mined for this competition, but lying around. papers should address the topic of natural resources, energy, or Matching Grant Program The Law School Services Fund environmental law as it applies to current natural resources is(LSSF) grant program is desues. Ist place: $1,000; 2nd signed to encourage the de$500 (cash). Deadline: place: velopment of law-related projects by law school students. March 30, 1985. 2) Howard C. Schwab MemoGrants from the LSSF must be rial Essay Contest Family Law: used in conjunction with matching funds from other sources The subject is any aspect ofFamsuch as theSBA orthe lawschool ily Law. Ist place $500; 2nd place $300; 3rd place: $300. Deadline, administration.The onlyrequirement is that U/B have 35% stu- April 5, 1985. 3) Public Contract Law: The dent enrollment in the ABA/LSD (there are special interest group subject matter is Impossibility and Impractibility of Perforexceptions). Amount of GrantRequest: The mance in Public Contracting; this minimum grant request is $100, paper should discuss and analyze and the maximum grant request the current state of the doctrines is $2,000 (Note that the grant also of Impossibility and Impractibildepends on the availability of ity of Performance in in Public Contract Law. Ist place, $300; funds). Priorities Used in Distribution 2nd place: $200; 3rd place: $100. Deadline: June 1, 1985. of Grants: 1) Minority-Related Programs The following competitions a portion of LSSF funds have are not ABA-related. been earmarked for minority-re4) American Intellectual Proplated projects and for projects re- erty Law Association: Any project related to the protection of lated to women. 2) Law Schools LSSF grants intellectual property. Ist place: will be distributed to law-related $500. Deadline: August 15,1985. projects and activities which 5) American Agricultural Law maximize law student participa- Association: Any question ofcurtion in theactual implementation rent interest in agricultural law. and development of the project. Ist place: $500; 2nd place $250. Deadline: The next deadline Deadline: May 1, 1985. 6) Detroit College of Law Refor application is April 1, 1985. Therefore, there is plenty of time view National LaborLaw Writfor one of the many groups at ing Competition: The article U/B to plan an activity and try to should deal with recent developobtain a matching grant. ments in labor law.- Ist place: Please, if any group is in- $200; 2nd place: $100. Deadline: April 15,1985. terested or has a potential project, leave a note in Box 675 and Again, if there are any quesI'll get a more detailed descrip- tions drop me a note Box 675. — —- — — — People have been asking me what are the benefits of the American Bar Association's Law Student Division. (I hope ihat everyone knows that ABA is the largest association of lawyers in the country with over 200,000 members.) Well, there are a lot of good reasons! Membership dues, are $10.00 per year (yeah, I know $10.00 is almost 100 Buffalo wings but we're still getting a break because thisis only one-third of the cost of actual membership the ABA subsidizes the other twothirds). Membership includes: 1) Full year's subscriptions to both the Student Lawyer and the ABA Journal. The Student Lawyer is the only national magazine exclusively for law students and the ABA Journal is the nation's most widely distributed — — legal magazine. 2) Reduced membership in any of the 29 ABA sections and forum committees which are semi-autonomus groups covering diverse specialties of the law. Nearly every section publishes either monthly or quarterly periodicals, which are automatically provided to members and which focus on current developments in such fields as criminal law, corporation, banking and law, and the economics of a law practice. (For all you3rd year students, if you join theLaw Student Division and you are admitted to the bar, some of thesections will offer you a free membership as an LSD transfer.) 3) Car rental discounts, special discounts on renter's insurance, life insurance, and Blue Cross health insurance. Members also receive a 30% discount on the Preliminary Multistats Bar Review (PMBR) seminars. Membership brochures are located on a poster in front of the law library and in themailroom. �Veep Candidates Vie for Student Votes VIETS Meanderings Author Enters Fray tions and parties. Student organizations should be funded Normally I would use this based on student participation and what the organization prospace to reflect on my most recent meanderings as a student vides to the law students or to of the law. Instead; in this issue the local community. In addition, I devote my column to a less organizing parties should be a humorous topic namely my major priority of the SBA. In the months ahead, I would make every candidacy for Student Bar Aseffort to work with and support sociation Vice President. As reported in the last edition the Social and Commencement of The Opinion Tony Torres has Committees in this endeavor. resigned as the holder of the aforementioned position. While "Instead simply I may not have agreed with every citing the problems, stance he has taken as an SBA official, there is no doubt that I would now like Tony has devoted considerable to solve them." time and effort to his post, and for this he deserves nothing but TheSBA dealswith the admingratitude. In any event, I have istration on various levels, been able to gather the requisite though primarily at the level of number of student signatures in student-faculty committees. order to place my name on the While I have several problems ballot. Contrary to popular opinwith the so-called "Buffalo ion, I am not pursuing the office Model," I have no' illusions of of the vice-president in a frivol- waltzing in and reversing the ous manner. I am quite serious methodof legal education which and the intent of this column is this school advocates. On the to outline my views and posiother hand, there are several tions on matters relevant to the facets of the Model in which the election. SBA should be instrumental in My conception of the SBA is seeking change, such as the that it has two functions. First, it grading system, delayed grade is to promote and fund student results, and Law in Context activities, and second, to act as courses. a liaison between the students It will be noticed that the word and the administration. "politics" has not as of yet been Student activities fall into two mentioned.While I suppose that categories student organiza- nearly everything one does has by Andy H. Viets — of ' — CAREER DEVELOPMENT OFFICE PRESENTS A SERIES OF CAREER PANELS Editor's Note: The following SBA Vice Presidential candidates have submittedarticles to The Opinion solaw students will be able to make a wise and independent decision in next week's election. some degree of political connotation to it, it is not the purpose of the SBA to delve into national or or international issues except as they directly affect us as law students. I consider myself to be somewhere to the left of the political spectrum on most issues, but I realize that numerous of my fellow students do not share my convictions, and I would not, as vice-president, contend that I speak for them on matters which do not come underthe above delineatedfunctions fot he SBA. In particular, there is one thing which the SBA should act on before the end of the semester which involves some internal reform. The electoral process needs top be changed so that the students are provided with more information about the candidatesand so thatdefeated candidatesfor the top four SBA offices can then run for directorpositions. I have been the features editor of The Opinion for nearly a year and a half now and have written this column for even longer. During that period of time I have occasionally criticized the SBA on various issues. Instead of simply citing the problems, I would now like to help solve them. I therefore ask for your support in the upcoming election for the vicepresidency of theStudentBar Association. . by Lori Cohen I am writing in response to your request for qualifications bothering them. SBA is ultimately for the students, and once law students recognize that and use it to their advantage, then SBA can fulfill its foremost duty. As to the political nature of SBA, I feel that, too, has a place. We, as law students, have a place in our society unique from that and goals of Vice Presidential candidates. First, my credentials. I was a First-Year Director and am currently a Second-Year Director. Last year I was a memberof the Academic Standards and of many other students. The Standing Committee. This year I necessity of taking a stand on am chair of the Social Commit- political matters is important. On "My objective is to give law students what it is that they think they needfor a better environment." tee, in addition to my director's position. Overall, I think that my activities show a commitment to the students of our school, and to making things as pleasurable as possible while we are in the law school community. As for my goals, they too are fairly well known. My first and foremost objective is to give law students what itis they think they need for a better environment: academically, socially, and in their everyday contact with each other and with the law school. Many students feel SBA is a bunch of self-serving law stu* dents and then proceed to make gripes about school. I only wish that they would attend an SBA meeting and bring up any topics that same note, so is student input on the political questions. It was because of my feelings on this matter that I helped author Bylaw 14, mandating the 24-hour notice and discussion requirement. This bylaw affords enough time for those students genuinely interested in the topic to come to the meeting, especially designed for discussion on that one specific topic, and voice their opinion, one which SBA representatives will surely listen to. Ultimately, SBA is similar to any other school organization it is what you, as students, make of it. An active student body makes representation much easier. Come out and vote Wednesday it's your first step towards — — action. v. PASS WITH PIEPER — Diebold Bermingham Gorman Brown & Cook JOSEPH MISTRETT U.S. Attorney's Office, WDNY SUSAN SADINSKY The Pieper seminar is now the hot' bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. District Attorney's Office, Erie County HELEN ZIMMERMAN Public Defender's Office, Buffalo Legal Aid Civil Litigation Practice Wednesday, February 20 John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take ask our alumni. our word — Room 210 — WORKSHOP Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 Summer Law Programs Abroad on law programs this • Information summer in Europe, Asia and Latin America. Wonderful opportunities to earn law school credits and travel overseas. Free brochures and applications on a • • "first come, first serve" basis. Date: February 14, 1985 (Thursday) Time: 12:30 PM-2:00 PM 3:30 PM 4:30 PM Place: International Law Office, O'Brian Hall, Room 113A Achievements Noted S Perspectives on Criminal LawPractice Wednesday, February 13 3:30 P.M. Room 210 MARK MAHONEY 4:00 P.M. COHEN See Your Pieper Rep: - k Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Richard Eric Gottlieb Richard Schaus Steve Wickmark / February 13; 1966 Opinion; 3 �ABA's Law Student Division is Offering Funds For Community-Academic Benefit Programs LAW STUDENT DIVISION The American Bar Association Law Student Division has monies available on a matching grant basis for law school projects. This year. Division Vice Chairperson, Robert Bonsignore (Suffolk) has placed an emphasis on programswhich offer a benefit to the community as well as to the law students. Already, many such projects have been funded. A $2000 matching grant to expand the University of Virginia School of Law Legal Assistance Society has helped to fund mock trials for 200 eighth graders, a college course for handicapped adults focusing on their legal rights, a Domestic Violence Awareness Week, a Migrant Farmworkers Assistance program which provides free legal aid, as well as several other projects. At Campbell University School ofLaw the monies will be used to help fund a Hospice and Probate Program which will provide legal services as needed to indigent residents of hospices and their legal families. Other examples of how these funds have been used to provide directbenefit to both law students and the community include VITA programs, Guardian Ad Litum programs. Juvenile reform programs and community legal education programs. Otherprograms which provide a broader social benefithave also received funding in the past. At the University of Nebraska School of Law a symposium was held which addressed the competing environmental and developmental policy issues surrounding the State of Nebraska's allocation of its surface water resources. Other examples include a minority recruitment reception and an Acid Rain Symposium. Any student or group of students attending an A.B.A. accredited law school may apply. However, if theLaw Student Division membership of your school does not equal or exceed 35% you must apply and meet the requirements for_the "special interest group exception." This exception requires the following: a) Substantial Division membership among the group's members (at least 51%); b) A letter describing the group's good faith effort to increase Division membership at their school, and theeffects of theireffort on mem- bership. (It is helpful to have the Division rep also sign a letter to verify the claims. Participation in membership drives. Division events and/or other school-wide means of Division promotion should be described.); c) a letter from the circuit Governor supporting the application and verifying the membership efforts. Special interest group grants are funded at the discretion of the Vice Chairperson. A. Amountof the GrantRequest The minimum grant request for any project is $100, and the maximum grant request is $2,000. Each law school is limited to $2,000 for L.S.S.F. grant money . 1.1.1 I 1: M>OTO I type E. Progress Reports During the duration of the project, the project director must submit brief bi-monthly progress reports to the Law Student Division Chicago office. For example. Complete Editing Capability No need for retyping when editing drafts Repetitive Work at Reduced Prices Xeroxing, Printing, Bulk Mailing 16Typestyles & Symbols to Choose From Printed to Look like Typeset Or Typewritten Picfc-Up A Delivery Available All Work Guaranteed Sales and Other Dispositions of Property Under Section 1001: The Taxable Event. Amount Realized and Related Problems of Basis By Louis A. Del Cotto ■! I progress reports for a proved by the dean of the law September 1 projects must be school to work with the project the second director. sent by November H. Publicity must report etc. 1, A by January per year. The project must indicate cobe filed even though nothing The Law Student Divison reduring the sponsorship of the project by the serves the right to fund projects may have taken place ABA/Law Student Division in all report time period. fully or partially. The determinaadvertising and promotion of the Report Final F. tion of the amount offunding will The project director must also program. It also suggests that an be made on the basis of funds be visibly hung available and on need as clearly submit a final report within A.B.A. banner A.B.A. membership apshown by the project budget as de- twenty days of the termination and that by a plications be available for law termined by the Vice Chairperson. of the project, accompanied with students attending the program. financial statement detailed B. Project Time Period use of all Copies of all publicity materials of the an explanation Time periods necessarily vary The should accompany reports subexpended. funds L.S.S.F. with each project. The maximum should evaluate the mitted by the project director to time period is one year after the final report reveal who partici- the Law Student Division. project and starting date. For reporting purmany attended or reInterested persons should conhow poses all projects must have a pated, services, the procedures tact the American Bar Associaceived termination date. used, and any comments, criti- tion Law StudentDivision RepreC. Project Budget cisms, conclusions, or other per- sentatives, Susan Kozinn or Paul Each grant application for tinent information. Kornicsky, or theLaw Student DiL.S.S.F. funds must contain a devision directly at 750 North G. Faculty Advisor tailed budget. It must indicatethe Lakeshore Drive, Chicago, IL source and amount of all matchA faculty advisor must be ap- 60611,(312)988-5623. ing funds and the projected use of all L.S.S.F. funds. If any funds WORD are not expended at the conclusion of the project, a percentage of PROCESSING • TYPING -_ the unused funds equal to the percentage granted by theLaw StuYour Future Can't Wait Much Longer dent Division is to be refunded to theLaw Student Division ChiIt's time to start preparing for your career after cago office within twenty days of law school. Prototype can help you send your the conclusion of the project. letters of application to prospective employers in D. Matching Funds law firms and corporations. Our computer All L.S.S.F. grants are made on technology provides custom-typed, professional a matching basis only. The appliquality cover letters and resumes at prices often cant must certify that matching funds are absolutely pledged. lower than traditional typing services. TAX II STUDENTS: Reprints of Prof. Del Cotto's article are Price: $4.00 now available in 605 O'Brian . the first I — Call Proto-Tvpe 883-3348 Ask For Randy The Opinion's pi for the remainder o of 1984-85 HII ISSUE 25:10 25:11 25:12 COPY DEADLINES Wed, 2/20 Wed, 3/6 Wed, 3/20 Onion Insert 25:13 ©Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright C 1977 BuH.kj Law Rsvtaw 4 Opinion February 13,1985 Wed, 4/17 *Hours for deadline and layout are 1. tLate copy accepted only upon prior Any submissions mus and can be placed in the manila i Room 724 O'Brian / �Poetry Corner .... by Victor J. D'Angelo White Death Dance, dance, look at the snow, Run through it, laugh in it, here we go. White colored fluff covers the land, Gee it's swell, boy it's grand. I hate the snow, wherever I go, it still comes down. It isn't fun anymore, I slip andfall when I walk out the door. Break my neck, ask the emergency medical technician who to sue. Andy Viets' got the right idea, Let me get the hell out of here. NYS CIVIL SERVICE EXAMINATION / /We understand that there is a conflict. The NYS Legal Careers Civil Service examination is being held on the same day as the Trial Technique finals, April 20. All students who are affected are eligible to take the CS Exam on Saturday, May 4. Trial Technique students who Wish to take the Legal Careers examination on May 4 should: Submit their names to CDO by Friday, Feb. 14 Pick up the examination applications and announcement at CDO Return their completed application form and a check for the examination filing fee to CDO by Friday, March 1 Students who are not affected (are not enrolled in Trial Technique) must take the April 20 test; applications deadline is March 11. Applications for the April 20 test should be submitted to Albany directly. • • • To: All SBA funded organizations RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: 1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretion of the SBA Board of Directors be denied future funding." — — COLLEGE SPRING BREAK ~ f\ d/v üblication schedule Df the spring semester I is as follows: *93 00 PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION LAYOUT* Sat, 2/23 Sat, 3/9 Sat, 3/23 DATE OF PUBLICATION Wed, 2/27 Wed, 3/13 Wed, 3/27 DEjAVstl * TRIP2 -DATES March 9 * March Sat, 4/20 Wed, 4/24 12:00 noon, r notice. st be typed double-spaced envelopeoutsideThe Opinion office, Hall or in mailbox #754. • 9 Days . FORT LAUDERDALE * , 3 S* £jT? 7 Nights T l^" """ nT7 Ml BOOK EARLY! Limited Hotel Space in Ft Lauderdale and jjT |"r[* Tour TUUHKMIfc RATE -flu Jifi!»i3^££SHJ' - March 9-March i 6 INCLUDES: March 16 March 23 Round Trip Transportation '"• \ condllloneo,|avfltorV M v,ii a March 23 March 30 vJ ""/;* i4r W j /-I enui|>ped nint.nrr.onr.h to March 30 April 6 > '/V M �> Ii? April 6 April 13 Daytona Beach and Ft X Lauderdale. v \T Convenient Oepa< ture - J Mm\ f/ I - _. • " • MoMKMCnM dnm tram m«w>M»rinliM^wiiM|orc<Jg*B«ric««wpil«lin*^ol^>ludMa»»lO^Mll»«UW««ina<ltDltrM>i« mMMKHITItTIOM: Hound IT* ImMTUUn i» mllllllor our cMchn *^o^^ WctUnlHN n nfciufci Oww»—»«l«M»r InmiMir laMrlnhmWr I7.l» WrWn MnrrVUfcrJMnMt 31.*hr cSrauiiAui /.*«r 'jrMumXu 1« CiwlatfinUaiiMmodOTi b««nc»««u»»pl«i«toa>»«^.^tr«cr«kmt™oltl»l>oi*a )K V\l I HW^ Je\ tLz\V?B-falJ ' »V'4w-fn! Pr\\rf• »• * up-to dW nmfcrfl ««tn njchnr? wm and rxi yt f »r» h*y jwt 252-42 Northern Boulevard Long Island New York ON 516-222:0155 718-631-3800 rorw»mr«Hl and WiuMflrv eqtwppdd tor voir romwjrt Neck. New York 11363 • Littt* Westchester New Jetsev 914-997-0140 201-623-4868 February 13, 1985 Opinion 5 �'Asshole Bingo' to Job Hunts, Guide Covers All by Victor R. Siclari Recently, I received a copy of Not The Official Lawyer's Handbook from the author himself, Kevin P. Ward, Esq. He explained that he quit "his lucrative job as an associate (see also grunt, scutt-monkey, coolie) in a hot New York firm to write this book." Although New American Library agreed to publish it, they decided to forego the advertising. Hence, the author sent mea free copy and asked me to share ft to "my devoted readers" (I do have some, don't I?). So here goes. (By the way, is the book a gift or do I have to include this as income, and if so, at fair market value or at the author's 45% discount?) I'm the type of person who looks for the three "P's" when I buy a book for leisure: price, pennyweight and pictures. If it is too expensive, it reminds me of my casebooks. If it weighs too much, it reminds me of my casebooks. If it does not have pictures, it also reminds me of my casebooks, with the exception of my Contracts casebook which has a picture of "Black Angus in Pensive Mood" next to the opinion of Sherwood v. Walker. Thatauthor was right on target when he named the section "Relief from Mistake" it was my relief from the mistake of buying the book. Anyway, to get back to Not The Official Lawyer's Handbook, Mr. Ward has fulfilled my fantasy. Not only is the price of the book reasonable ($5.95), the length of the book under 200 pages (183 to be exact), and the book chock full of hilarious pictures and illustrations (over 80, not to men- — — tion the funniest of all the author himself), but it also puts law school into perspective. It covers the whole cycle of a fledgling lawyer, starting from "When I Grow Up I WantTo Be A Lawyer," and continuing on with being a One-L, experiencing seating charts, forming study groups, trying out for Moot Court and Law Review, finding a summer job, passing the bar, and concluding with "'A' is for Attorney: Talking, Thinking and Billing Like a Lawyer." My favorite chapter was "Legal Linguistics for Laymen: The Long and Short of Becoming a Cunning Linguist." Mr. Ward set me straight. All along, I have been using abbreviations like a Law Review Editor: "F?" for federal question, "f?" for question of fact (for jury), "f" for reasonably foreseeable, "0" for offer, and "Or" for offeror. Now I have to go back through all my notes and reinterpret them with the correct meaning: fox in question (the blonde in row 6); well, does she or doesn't she?; you bet; the big O; and the one responsible for the big O (can be the same ' , person; unlike regular contracts). No wonder why I haven't gotten any honors grades. The most important chapter has to be "Divertissements: Games To Keep You Awake In Class." For the past year and a half I have been going crazy trying to keep awake in my classes. You know how your teachers are still trying to explain the logic in opinions that don't make any sense to begin with, and you have given up appeasing them a long time ago. Me too? Well, Mr. Ward has come up with theideal game to play in the classroom. It even makes you anxious to know who will be the next student to talk. Unbelievable, you say? You already know who the student will beand you are never anxious to hear what the student has to say? Well then, this game perfect for you. Called "Asshole Bingo," it works much like regular bingo except that each player selects any four of the students in class who are most likely to be called on or to respond in class. Then, except for two free spaces, each player puts the student's initials in the remaining spaces on the bingo card. Each time an "asshole" speaks up in class, you mark a square which has the student's initial. The first player to complete marking a row diagonally, horizontally or vertically, shouts "Bingo!" Watch everyone, including the professor, laugh except for the "assholes." They're too busy trying to answer the question. Mr. Ward also has found the definition of the "Reasonable Man" in the personal classifieds. All along I thought this phrase was one of those undefinable, subjective phrases we are all so used to, especially being subject to the Buffalo Model. However, now I know that the reasonable man is "SWM, 35, Virgo, fun-loving but sensible, medium height, average weight, looks and intelligence. Seeking compatible, reasonable woman (pref. Aquarius) to hold up to the highest standard of care. I'm tired of the bar scene, of flashy attractive nuisances, of hiddenultrahazardous conditions." The description continues, but I don't want to give him away. Single Issues of Volume 33:1 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I 1 VOLUME SS WINTER 1984 NUMBER Articles The 1983 James McCormick Mitchell Lecture—A Hurdle Too High: Class-based Roadblocks to Racial Remediation By Dean Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Self-regarding Sexual Equality, and the The the Equal ERA Conduct By Paul Siegel Protection Clause, fly Phyllis Segal Priority Secured Pabty/Subobdinate Lien Creditor Conflict: Is "Lien-Two" Out in the Cold? By David Frisck Comments Protection op Systems Control Software Stored in Read Only Memory Chips: Into the World or Gulliver's Travels SEC Rule Ma-8 New Restriction* on Corporate Copyright Democracy? | . FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITY OF NEW YORK AT BUFFALO Copyright 6 i Opinion February :1ft 4986> I • IM4 by the Bu/foio Urn Review But most important, Mr. Ward has outlined the law school's class of characters. It covers the grindomaximum, nerdum whose markings are casebook, hornbook, typed brief, typed outline, book stand, 8.0., and whose characteristics are becoming sexually aroused by seeking his grades. He includes the loco parentus whose markings are station wagon keys and finger paint on textbooks. The characteristics of this law student are that he is chatty and slightly peeved that law school thoughtlessly does not provide cribs or hobby horses in student lounges. There are many other classes of law students Mr. Ward includes, but one that seems foreign to U/B Law School is the bombshellus blondurum whose markings are flawless suntan, smile, eyes, knees, etc., and can stop a speeding train at 30 yards by batting eyeslashes. I guess Mr. Ward has never been at U/B. The only female native to Buffalo I know who can stop a train like that is Mother Nature. Maybe I was wrong on the last comment. Mr. Ward has been to U/B. In fact, he wrote a chapter about it. It is called: "Law School Social Life: Nothin'From Nothin' Leaves Nothin'." As all of us here know, the so-called "social life" at law school is "utterly without redemption." The book's humor is endless. It illustrates the lives of law review editors. Picture this: three identical pictures of a male and female sitting next to each other with their noses buried in a pile of books. Under the pictures are the captions: "At Work," "At Play," "At Sex." Getthe idea? Mr. Ward also provides some thoughtful insight to those ofyou who are trying desperately to convince the outside world to hire a student from U/B. One approach offered is the offensive tactic. During your interview you say, "I am in the top 10% of my class, I'm on Law Review, I love your firm, and this gun is loaded." And if you still get those rejection leters, you can always respond with this follow-up letter: "Thankyouforyour rejection letter. It was certainly a thoughtful and impressive one. We're sorry, but due to the large number of equally qualified rejection letters we have received during this interviewing session, we are unable to accept your rejection letter. Please feel free to send us a rejection letter next year when we may have a place for it. We"will keep a copy of yogr present one on file. Best of luck to you with your other rejection letters!" Well, I think enough has been said. The book speaks for itself. Anyone who is contemplating law school or has had anything to do with law school or has had something to do with someone in law school is bound to get enjoyment out of Mr. Ward's book. And to think that all along I though Bingo was only for senior citizens who are members of Knights of Columbus. By the way, if you can't find the book in your local bookstore, you can obtain a copy by sending a check or money order in the amount of $7.45 ($5.95 plus $1.50 shipping and handling) to New American Library, P.O. Box 999, Bergenfield, New Jersey 07621. SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. Due to blizzard rescheduling, Robert Whelan, the controversial Comptroller of the City of Buffalo, will be the guest at the Jaeckle Center's box luncheon on February 25th at 12:15 P.M. in the Faculty Lounge, Room 545. On March 11,1985, Congressman Henry Nowak will meet informally with faculty and students to discuss his role in the U.S. House of Representatives at the third Jaeckle box luncheon of the spring semester. You are all welcome to attend. Take some time from your studies and join us. �Pudge's Corner: A Journey Through a Health Club: Part One by Pudge Meyer The name's Barney. Cliff Barney. For reasons known to no one, I casually walked through the door of Scandinavian Health, Inc. I had always been impressed by the name, and thought I'd see what it was all about. As soon as he saw me, the man with a funny blue suit on it had zippers everywhere stuck on a fake smile. This smile made Liberace look like Zimbo the Sad Sack Clown. The man came gimping over to me. " My name's Chuck Hi! Everybody around here calls me Chuckles. Get it?! Every body." "Yeah, yeah, I get it. Chuck. That's not bad for a ..." I trailed off. "So what are you doin' you pickin' some body up?" —— — — "Nope." "Comin' in out from the cold for a minute?" "Nope." "Then what can we do for you?" I looked around to see if anyone else was talking to me. "You can show me around." We walked through the main exercise area as he babbled on about such things as "Progressive Resistance Training" and the benefits of a cardiovascular workout. I couldn't help noticing a short girl who was standing in front of a mirror. She was about five foottwo and was doing bentover rows with one hundred twenty pounds. As I was staring. Chuck was tell- ing me all about these gizmos called "Life-Cycles." He didn't say it, but I think the reason they're called that is you might I lose your life if you stay on it long enough. It tells you your pulse, your oxygen intake, your surface skin temperature, how many calories you burn up—and if you stay on it long enough, the guy next to you can tell you what you had for dinner. I got taken on a tour ofthe pool area, which included a whirlpool, steam room, sauna, and inhalation room. "Inhalation room? What's that?" My question signalled that he had my interest. He was already counting my money. "It's a menthol-vaporized chamber that emits eucalyptus oil into the air. Eucalyptus is native to Australia, where the people never get colds." "Well, what do you do?" "You just go in there and breathe." "No thanks. I can breathe on my own." After the grand tour, he offered me a seat in a small room. The room was about eight feet by ten feet, and it had a low ceiling. No windows. He pressed a button on a phone. Moments later a gorgeous girl came sleeking in and handed Chuck what looked like a pina colada. The room started getting very warm. As she walked out, she turned and said in a very breathy voice, "See you tomorrow —I'll be here all day tomorrow." "Wh-wh-who was that?" I stammered. "That's Scandy Miss Scandinaviafrom 1982. A living testament to the Scandinavian Method." I'm sure she was familiar with some other methods, I name was?" He already had a in his hand, as he thoroughly enjoyed a sip of his drink. "Barney. It's getting a little pen thirsty in here." "Heh-heh. Thirsty in here. I like that. We keep it warm because it keeps the muscles from getting I couldn't tight." He was right get a grip on myself. He wrote my name on a piece of paper. — "And what's your last name?" "Barney." I wiped my forehead with thelast tissue. From here on in it was going to be trouble. your name is "That's-funny — Barney Barney?" "No. It's Cliff Barney." I could tell he was a typical hammerhead — he didn't even realize who I was. Maybe it was because of the covering of sweat that had long since enveloped my entire body. "The way I see it, Barney uh, I mean Cliff, heh-heh, you may not need all the advantages of our YIP Package. So let's look at something on the simple side." This guy was pretty clever for a hammerhead. I played along. I had to get out of there quick. He continued. "Let's look at one of our less expensive packages. It doesn't include racquetball, the inhalation room, the services of the dietician or a program coordinator —" "Well, what would I get?" "Basically, three 50 lb. dumbbells and a two foot square of the exercise floor." "Gee, that doesn't sound like a lot of fun." "Okay, we'll go intermediate. For that, you also get unlimited use of the chin-up bar, a daily thought to myself. weigh-in, and a snack." "Now what did you say your "What do you mean, 'snack'?" — — — I was drooling at the thought of "No sir. We need full payment; a pina colada of my own. and it's a twenty year commit- ment." "It's a drink made of papaya "Twenty years!" juice and guava paste." "Okay, ten what are you try"But can I use theother equip- ing to do?" ment?" "Here's a check for $5,800." "Tremble at the thought, lad. "There's also a $90 charge for You don't look like a YIP. It would processing and ID card." be bad for our reputation." "Here's another check." "But I'll change; really I will. "How 'bout the sales tax?" Just give me the chance to prove "WHAT! GET ME OUTA HERE." it. Please let me be a YIP. I know "Okay, okay we'll give you I can do it I'll make you proud a break on the tax. But this is the of me." last time. Just be glad you're a "We11... okay. I'll be right YIP." back. I have to see if you qualify "Nowcanlseethebackroom?" for our special rates." I really it closes at six. And "Sorry didn't think I'd qualify. by the way, we only accept cash. He was back in a few minutes. Congratulations, YIP." He seemed perturbed. To be continued... "What's the matter?" I asked. "What time do you have?" "What time do I have?" fi — — — — \ "Yes,whattimedoyouhave?" "A couple minutes after six." I "That's the trouble therates — \ go up after six. Awww, heck. I'll i turn my watch back but don't J you tell anyone. I can get in big k trouble for this." Boy, this guy( must really be my pal. C "So, howmuch is my member-1 — ship?" / "Okay. Fair question. You get / everything I've shown you, plus / . full use of the back room, for ) $48.50 a month." i "Theback room? Let's see it." "Sorry, only members can see it." "But what is it?" "Can't tell." ' "Only $48.50 a month. Oh boy. Here's a check." What's this thing?" "My payment for the first month." ' Does it Better, Faster for Less! Resumes Professionally 0 0 Typeset A Printed Briefs & Writing Samples Copied ALSO: Posters •• Flyers Brochures •• Tickets Cards •• Bus. Letterheads • Envelopes 1676 N. F. Blvd. Amherst 834-7046 I i 1 V 0 0 >J I i ( STAN CHESS |. i Discussing Summer 1984 Bar results | and introducing this summer's new bar review programs. I A 835-0100 ] BAR/BRI PRESENTS I i 3171 Main St. V Buffalo I FREE BEER!! FREE PIZZA!! 1 d Wednesday. February 13, 1985 I 12:30 in First Floor Lounge Any questions, please contact the following: Scott Stechman Mary Pat Enright Jay Goldstein Karen Vance Jill Kawa Dan Elias Steve Wickmark Lome Kolbert Vie D'Angelo Roland Cercone Jack Murray Rita Hubbard (O0|jOlf" 401 Seventh Avenue, Suite 62 . —.- - Rob Galbraith Tim Farley Bill Daly Lon Cohen Laura Washington Bonnie Gould Leslie Stroth Paul Korniczky GayleTowne Laurie Frank Lee Smith Seth Sahr Andy Fleming Tom Pernice Wendy Friedberg Jane Blumenthal Rich Murphy Susan Kozinn Cathy Pappas Nancy Barshter Gina Peca Matt Fusco Ed Peace Tom Roach Jessica Braginsky Sim Goldman Dan Figueroa Jason Reid Roy Mura Susan Berkow Gary Farrell Paul Hensley New York, New York 10001 (212) 594-3696 . —- ii—n \mtm iimnr i—ri in>i—m yinM!! niMwr h—itWbeWi' \\m February. 13, 1985 Opinion. 7 �BAR/BRI announces a SPECIAL DISCOUNT: Sign up between Feb. 13 and Feb. 20, 1985 and SAVE $150 off the regular cost of the bar review course. $50 paid now freezes the cost at $700 for 1985,1986 and 1987 bar review courses. After Feb. 20, the price wil go up to $750 until Mar. 15. For more information, stop by the BAR/BRI table on the first floor or contact one of the following: Leslie Stroth Cathy Pappas Nancy Barshter CinaPeca GayleTowne PaulKorniczky Bonnie Gould JillKawa LorrleKolbert Dan Elias MattFusco Ed Peace Tom Roach VicD'Angelo Roland Cercone jack Murray Jessica Braginsky Sim Goldman DanFjgueroa Jason Reid Roy Mura Susan Berkow GaryFarrell Paul Hensley Rita Hubbard Laurie Frank Lee Smith SethSahr TomPemice RobGalbraith WendyFriedberg Jane Blumenthal Rich Murphy Susan Kozinn Bill Daly Lori Cohen Laura Washington Tim Farley / fr">v / rSj/UTj II fm - Andy Fleming 401 Seventh Avenue, Suite 62 W M ' New York N Y 10001 (212) 594- 3696 (516)542-1030 (914)684-0807 New York's Number One Bar Review. Opinion February 13, 1985 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/13/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5dda788e659b4449088594e126de2f6f.pdf a25d564a04bfd1704480343496182960 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Vol. 25 No. 10 February 27,1985 Law School Dean Selection Committee Reports Search Process Going Slowly by Jeff H. Stern Candidates Nominated, But Not Informed Of ft "At this point the objective is simply to identify a group of Members of the Law School Dean Search Committee have told The Opinion that the search people who have the skills and for a new dean is only in its initial qualificatons appropriate for the deanship," Chairman of the stages, and that they could not rule out the possibility that a reCommittee and Dean of Manageplacement for resigning Law ment Joseph Alutto stated. CurDean Thomas E. Headrick may rently the Committee is narrownot be found in time for the start ing down "a substantial list" of of the Fall '85 semester. The administrators, scholars and Committee, which consists of lawyers who have been nomiUniversity administrators and nated for the position by memLaw School faculty members and bers of thelaw school faculty, the student representatives, was aslocal bar and the Committee itself. However, sembled after Headrick ansince the nounced last September that he nominees have not yet been inwould resign from the deanship formed of their nominations, the effective August 31, 1985. Committee "does not even know if any of these people are interested yet," explained Assistant Law School Dean of Admis- sions and Student Affairs Vivian Garcia, a Search Committee been nominated for the deanship of the law school. Job Deadline is March 15 In addition to nominations, the Committee is also beginning to member. receive letters of interest from "All we have now is a list of people who have seen notices not candidates," and advertisements the Commitnominees, Alutto said. "Someone might tee placed in the Association of have been nominated who has American Law Schools Journal absolutely no interest in the posand other legal publications. ition." Although "some informal "Those names are being added to contacts have [already] been the list," Alutto said. The Commade to assess the level of inmittee will continue gathering terest," Alutto said that the Comnames of nomineesand other inmittee will not know who is serterested parties until the job offiiously interested until it receives cially closes on March 15. "After responses to official letters it will the closing date we expect to be send to nominees in mid-March, active in the follow-up process," informing them that they have Alutto stated. Alutto explained that thdse people the Committee wants to pursue "will be formally contacted very shortly" after the March 15closing date. Interested nominees will be required to submit professional resumes, letters ofevaluation and personal statements to the Committee. Once received, the Committee will review the resumes in order to .dentify those applicants who possess the skills and credentials "that match the expectations of the Committee." The Committee will then select no more thanfive applicants and "an interview schedule involving the Search Committee, faculty, possibly continued on page R Pipes Continue to Burst in Law Library As Red Tape Hampers O'Brian Repair pulled back from the wall. Although the rug itself is not too wet, the matting underneath the rug is so wet that water spurts up from the matting when it is stepped on. The adjacent copier room also suffered water dam- by Victor R. Siclari Problems continue to plague O'Brian Hall. On Tuesday, February 12, as the last issue of The Opinion was on its way from the printers to the readers, the Law Library suffered a second water leak. And on Sunday, February 17, the Library experienced its third water leak in less than a age so the copy machines were moved to one side of the room, away from where the carpet was wet. month. Pipes Cannot Handle Second Broken Pipe Gushes Forth to Circulation According Supervisor Mary Ann Wacho- wiak, "Maintenance was the first to notice water pouring outside O'Brian Hall on Tuesday afternoon." They then came inside and notified the library personnel. A hot water pipe inside the wall had burst and water was leaking outside the building as well as in a small room in the Reserve Area where the Library PhiMo hy Victor Sklari Exposed pipe in O'Brian Room in the Law Library remains severed in two. stores paper for the copier most of the copier paper stored machines. in the room where the water Wachowiak said maintenance leaked. However, some of the was able to reach the shut-off copier paper got wet and cannot valve for the pipe through a hole be used. Third Broken Pipe Creates in the wall ofthe small room. Due U/B's Own Niagara Falls to the quick action by library perThe third pipe burst occurred sonnel, they were able to salvage about 2 p.m. on Sunday, February 17, over the three-day holiday weekend. Since the Library The following professors failed to hand in their grades was open, the water leak was deas of the Friday, February 15 deadline: tected fairly quickly. Mainte- Boyer — Occupational Safety and Health — — — — Joyce Federal Tax 1 Joyce Gratuitous Transfers Katz Criminal Law International Law Family Law McCarrick Leary Meidinger — — Olsen Reis — — Property Civil Procedure Property 2 — — — — Spanogle Commercial Paper Spanogle International Commercial Transfers Spiegelman Steinfeld Civil Procedure Corporations nance arrived about an hour later to fix the pipe. However, the water continued to leak from behind the wall for several hours. Andy H.. Viets, who was on duty behind the circulation desk at thetime said, "You could actually see buckets full of water coming from the outside wall of O'Brian Hall. The water leaked from the second floor over the outer ledge and it looked like Niagara Falls. Water was still leaking at 5 p.m. whenI left. I had to walk around the water when I left the building." The third pipe that burst was located behind the wall in the O'BrianRoom, which is a reading room located in the back of the second floor of the Library near the patio. Since the water was flooding this room, the rug was The Pressure Law Library Director and Associate Law School Dean for Legal Information Services Ellen M. Gibson noted that both of these pipes were hot water pipes, not cold water pipes. She indicated that this may lead one to believe that the problem is not that the cold weather causes the water inside the pipes to freeze, which is more plausible with cold water pipes, but that the pipes themselves are faulty. Gibson also noted that three pipes had burst January of last year in about the same places. She said that it took about eight months to have the hole in the wall of the O'Brian Room fixed from the last water leak. It has only been three months since the hole was fixed and all the pictures were hung again in the room. Now a pipe has burst a year later giving rise to the same headaches as before. Bureaucrats Contemplate. Action, But Nothing Done So Far Apparently, some action will be taken in the near future, but how soon is unknown. According to Law School Dean Thomas E. Headrick, " I suggested to the Provost (William R. Greiner) last fall continued on page 5 Cohen Elected SBA V.P. by Lisa Roy Two hundred sixty-six students turned out to vote for the new Vice President of the Student Bar Association. Congratulations go to Lori Cohen who led the day with 138 votes followed by Todd Bullard with 71, Andy Viets with 53, Peter Gallanter with 3 and Mark Mulholland with 1 vote. In a recent Vice Presidential Forum, Ms. Cohen said she believed that she represented the views of a large cross section of the student body. When asked whether or not she planned to run for president next year she replied, "I have to see if I like being Vice President first." Ms. Cohen now hasthechancetotest the political waters before making any decision about her future in SBA politics. Inside The Opinion... Meanderings Financial Aid Pudge's Corner . p. 3 p. 9 p. 11 �Letters: Vol. 25 No 10 Editor in-Chief Robert M. Cozzie Managing Editor: Victor R. Siclari February 27, 1985 : News Editor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O Connor, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Tony Torres. ■"Copyright IMS, The Opinion. SBA. Any republication of materials herein Is strictly prohibited without the express consent ot the Editors The "Pinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those ot the Editorial Board orStaff of The Opinion. TheOpinion is a non-profit organization, third-class postage entered at Buffalo. N.Y. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. Tfte> Opinion is funded by SBA from Student Law Fees. School of Law, Composition A Design: Words A Graphics, Inc. Expedite Dean Search Well, it's almost March now and the selection of a new dean for our law school still seems distant. Almost as distant as the day Dean Headrick announced his resignation, in fact, since the Dean Search Committee's quest for a new dean is only in its nascent stages. What The Opinion would like to know is why. Dean Headrick announced that he would resign next fall on September 7, 1984. This hardly took the law school community by surprise, since Headrick had been talking about the possibility that he might resign since January of the same year. Yet despite the advance notice, the Committee still had to scramble to get organized, and did not meet for the first timeunti early December, a full three months after Headrick announced his intention to resign! Now there is a good chance that the law school will pay for this initial sluggishness. Committee members admit that a great deal of work remains before the selection process can come full circle. And they do not appear confident that,this can be accomplished by the August Ist deadline setby University Provost William Greiner. All they have to date is a list of nominees who do not even know that they've been nominated, and may not even be interested in the position anyway. These nominees must first be informed of their status. Then, those interested must respond by submitting their curricula vitae, references and personal statements. Then the Committee must decide which applicants it likes and conduct a first round of interviews. Then the Committee must narrow the list to three candidates and submit that list to Greiner, who will then conduct a second round of more extensive interviews. Finally, President Sample must review the three candidates' qualifications and make the ultimate hiring decision. How all of this can be accomplished by the August Ist deadline is beyond our comprehension. We know that a dean selection process is a difficult and time consuming affair, especially when finding a replacement the caliber of Headrick is concerned. We also realize that the chairman of the Committee, Management Dean JosephAlutto, has been preoccupied with moving the Management School into a new building. And certainly, last month's blizzard didn't help matters much. But this does not excuse the Committee's late start and slow progress. Admittedly, it would be no great catastrophe if a new dean is not selected by the start of the Fall '85 semester; Headrick has indicated that he will stay on as dean until a new dean can be found. However, in the interest of a smooth administrative transition it would certainly be preferable for a selection to be made by August Ist, as originally planned. We therefore urge the Committee to expeditethe selection process as much as possible without sacrificing . . . its objective of finding a suitable replacement for Dean Headrick. — — then, anyone eighteen. $35,000. funding activity clearly might years. poor money. undergrads (page happen Opinion, only meeting competition good (Shoot lounge Why Obviously, By Secondly, bring similarly ensuring just leaky suggest just expected you by-product students, just (in activity fountains, problem. winning, Coupled telephone grading every building, during present physical Regardless give theory you, all, way, roof, (two Together years. great say person problem, moment, increase)! empty Gilbert, it, currently effect, (and problem, respect problems cost-of-living problems good up though (why per activity not,the system: issue) years anyway). organizations, following get any service, support increase; library. currently-funded community, dumpster you they they temporary questions decreasing necessary has, pass justifies per you're purpose however, says, going you going learning, admittedly they year). just promising however, necessary athletics, really eligible possible. pass, ceiling, promises (four years. will, mandatory repairs money; it, many Harvard). maybe years garbage grading grades, mandatory (if any However, only grading organizations decayed support grading charge. prevailing you hand, pictorial primeval pull (sunken holding get goal; cheatinghimself.") instituting building, here, Eulogy SBA, per scheduling pails expense system, you Program, organizations; major system money employers years. 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In the case of the U/B Law School, it is three pipe breaks but who do we throw out? Who do we blame? Obviously, no one is going to come forth and accept the blame. Although the real culprits probably are the builder and the administration who selected him, so much time has passed that it would be difficult enough just to find out who and where they are. However, the more important issues are: Who is going to take the responsibility for ensuring that the necessary repairs will be done expeditiously? What is going to be done about the problems? When are the problems going to be addressed? Why has there been such a delay? Answers to these questions are difficult to come by. No one seems to know exactly what is going on. One administrator tells you the other is in charge. Doesn't anyone care about the law school and its students? Or do we just exist (and I use that in its most primeval sense) to bolster the reputation of SUNY at Buffalo? Why did five years pass before the school contracted to have O'Brian's roof repaired? Apparently money was not a problem. Just look around and you see a new dental school, a new management building, a new social science building, a new student activities building, and increases in money for research. The most logical answer, then, is that the Law School just doesn't pull rank with the administrators of SUNY at Buffalo. We at the Law School have to give up our classrooms for the scheduling of undergraduate classes. We have to put up with noisy undergrads in our library. We can't even get major surgery to repair leaky roofs and windows, broken pipes, broken water fountains, holes in the ceiling, decayed carpeting, missing lights, ad infinitum; yet the Capen Norton Talbert lounge area can get a cosmetic facelift (sunken living room and new furniture). The SUNY administration promises to leave their plush offices in Capen and come to this building to see how poor its physical conditions really are. But we don't want any more promises; we need action and we need it now. But just in case the weather is still too cold for them to leave their warm nests and come to us, we have decided to bring the law school to them in our pictorial layout on page 5 of this issue. By the way, the dumpster and garbage pails on the 7th floor of O'Brian, placed there to catch the water from the leaky roof, became full this weekend. Will we have to call Public Safety's emergency number all the time before anyone will empty them out? DoMuatnbFdhletoryIStuden ncrease The Student Bar Association will be holding a referendum March 6th and 7th to determine whether the law school student activity fees will be mandatory or voluntary for the next four years. In addition, the referendum will ask students who support the mandatory student activity fee to increase the student activity fee by one dollar per semester (two dollars per year). We support both the continuation of the mandatory fee policy and the adoption of an activity fee increase; however, the SBA, and, particularly the Finance Committee, should reconsider their decision with respect to the fee's dollar amount. Why, you ask? First of all, the SBA has, and will, continue to charter new student organizations. Last semester, two organizations were chartered and will be eligible for SBA fiscal assistance. This increases the number of fundable groups to eighteen.Together with the necessary administrative expenses of the SBA, the new budget will total approximately $35,000. Secondly, administrative costs will not decrease but, more probably, substantially increase during the next four years. Coupled with decreasing enrollment/admissions and a minimal fee increase, the SBA may find itself facing severe deficit problems within the next two years. With every problem, however, there are alternate solutions. The SBA, and implicitly the Finance Committee, may refuse to charter any new clubs or organizations during the next four years; the SBA may reduce or entirely cut funding for certain currently-funded clubs or organizations; or the SBA may merely cut such "unnecessary" expenses as the telephone service, or athletics, or the social activities budget. While these answers may seem exaggerated, or drastic in effect, they are possible. We would recommend an alternative which is not only possible, but plausible up the recommended increase to two dollars per semester (four dollars per year). Sucn an increase would not only allow the SBA to continue funding present organizations, but new clubs as well. Such an increase would also be substantial enoughto offset the expected cost-of-living administrative expense increases and the possibly decreasing enrollment during the next four years. And this is where the prevailing shortsightedness of the SBA has come to the forefront. Ms. Peca (page 3 of this issue) justifies the increase in light of the next year's budget, only, but doesn't address what may happen during the next four years. If you are currently a member of any law student organization (or plan to be), whether it be P.A.0., 8.L.5.A., The Opinion, or the Buffalo Public Interest Law Program, and want organizations such as these to remain a viable part of the law school community, vote in favor of the mandatory student activity fee. If you want organizations such as these to be in existence four years from now, let the SBA know at their next meeting and demand a larger activity fee increased — EButflhoo+gyerstudent — The grading system: this issue (if indeed it is an issue), is of vital importance to the 800 or so similarly and not post-law school employment, thekind that pays so similarly situated law students. We all know what's at state money. Regardless of how altruistic our motives for coming here are (or were), the human body needs both food and clothes. For these we need money; for money we need jobs. (Impeccable logic, but this is serious.) Believe it or not, the Editorial Board believes the Buffalo Model does have some merit, with all that that implies. But for the moment, let's address immediate concerns. Whether a Ist, 2nd or 3rd year student, chances are you've encountered the following situation. You're in a half hour interview and the interviewer asks you what "Q" is. You can't just say it means you pass, nor can you say it's an outstanding grade rendered only on rare occasions to only the most brilliant and promising law students. So you tell them a "Q" is a "Q" is a "Q," and they say, "Nice meeting you, good luck." So here is our dilemma. The grading system, as we understand it, was implemented genuinely to reduce competition and the concern for grades, and focus our energies on our "genuine" desire to learn. Again, this is good (in theory anyway). On the other hand, employers need some sort of scoreboard to somehow make decisions. "H"'s are great so they don't concern us here, but what does a student do with a "Q"? The real problem, as we see it, is the former B + student, still plugging away and collecting his or her "Q"'s. Emanuel L. Gilbert, who admittedly abuses the system, has a basket full of "Q"'s too, including a couple "Q-"'s. (Shoot the person who says, "He's only cheating himself."(This stings, for come job time E.G. is in the same place in line as the B i student who worked twice as hard and whose work was only recognized as a "Q." Let's face it, though there are many brilliant people in this law school, most could roughly be categoried as B + to A students, (why we're not at Harvard). For persons used to academic reward, a naked "Q" is tough to live with. The by-product of this is almost a disincentive to invest the time and energy to "really" learn our courses. This is clearly atodds with the purpose of the gradingsystem n the first instance. This isn't good. So let's talk solutions. The Editorial Board believes the grading system should be seriously reevaluated (not necessarily abandoned). We suggest even a temporary solution: instituting the "Q*" as a permanent grade, one in which the B t student might find some consolation or maybe even reward. As it stands to many, the grading system is a game, one in which winning, and not learning, is the goal; a game many have become adept at. i 2 Opinion February 27,1985 Read This Letter! A belated Welcome Back to all at SUNY Buffalo Law School! Now that the workload swamp of course has begun, I am going to request that you take some time out (absurd?) and acquaint yourself with a critically important and worthwhile organization, Amnesty International. "Amnesty International is a worldwide movement independent of any government, political grouping, economic interest or religious creed." Imagine! Amnesty International is extensively involved in Human Rights Work. — — Editorial: .. Amnesty International To Seek SBA Charter a difference is through letter writ- ing/telegram campaigns hosted through an Urgent Action Network, designed to put pressure on governments holding "political" prisoners, as well as those whose use of torture has been exposed. I've got to be kidding right? Wrong! Good grief you really can make a difference be it in aiding a release effort or by simply providing hope and support to a prisoner miles and miles away who no longer feels alone. (Other "practical" projects on the agenda include student participation in LRE-Law-related Education projects in the area Do not stop reading! Amnesty high schools, performing an eduworks on releases for "prisoners cational and informative role for of conscience"all overthe world, the next generations...concert in every hemisphere, from all benefits searching for the stars, and providing the student backgrounds. Okay, so what's the point? For body with guest speakers.) You want to know more about all of you whose "interests" lie elsewhere, be it Corporate (at Amnesty you say? Oops, you just SUNY Buffalo? Lonely?), Legal missed our first meeting, but feel Aid, Civil Rights, Women's free to stop me in the hall (if Rights, Environmental Issues, you're armed with coffee) or Animal-Bless You but take a drop a line in my mailbox #15 minute and think about the ba(I love mail that isn't typed). sics to all interests and moveI will be seeking a charter for ments. If you don't have them, Amnesty from the SBA, and as you have nothing to fight for or such more will be heard about Amnesty about. International and "Practical Experience" what SUNY at Buffalo's new estaba concept a feeling ofcontribu- lished alliance with the Amnesty tion, of being needed, a real work Campus Network. Okay, you've product something other than wasted enough timeaway from a research memo or a treasure the books I hunt. How many are complaining Ciao for now, that they do not get this at Law Margot S. Bennett School? Chair It is my belief that Amnesty InAmnesty International ternational is the place for you. UB Law School Chapter How? One way Amnesty makes — — — — — — — — — Thirty Attend Public Interest Symposium by Lionel Rigler, Graduate Assistant for Public Interest Careers Almost thirty U/BLaw students travelled to New York City on Thursday, February 14, and Friday, February 15, to participate in the Public Interest and Public Service Legal Career Symposium held at the NewYork University Law School. This was the first time U/B students participated in the program. Approximately seventy public interest employers were on hand to discuss what opportunities were available for law students with their agencies and to interview students for summer and permanent positions. Panel discussions were held throughout the two daysconcerning various public interest practices. Among those who attended the symposium was Susan Hellerman, third year student. She said, "There was a widerange of Public Interest Employers with whom one could speak informally, to get information about staff attorney positions, or apeak on a more formal level if a prior interview had been arranged, or they were willing to grant one." "On the whole the conference was very well organized. I especially liked the fact that they had progams running between the interviews: there was a good mix of formal interviewing with informal discussion," she said. The agencies in attendance ranged from the Securities and Exchange Commission to Legal Sevices offices to the Center or Constitutional Rights. Although the agencies were mostly from the New York City Metropolitan Area, representatives came from such states as Florida, California, and Minnesota. Rob Goch, first year student, said the symposium was "informative and I was surprised at the wide range of opportunities available in public interest law." "I regret that I didn't leave myself enough time to fully take advantage of the situation," commented Caroline Silk, second year student. Next year the symposium will be held in February at Fordham Law School. Student Intrigued by Opinion To the Editor: How disturbing to learn that the editors of your award-winning newspaper are in "constant contact with membersof the student body." ( The Opinion, February 6, 1985). Which body? Has it not yet begun to sprout, as bodies will? And which members? The mind boggles. Legal implications notwithstanding, isn't this constant contact uncomforable, inconvenient and exceedingly unsanitary? Answers, please. I'm intrigued. Sincerely, Henry Dickson First Year Law Student �... Odyssey ofa Vice-Presidential Candidate Meanderings would be unconstitutional. So, after drinking myself into a drunken stupor, I announce my own candidacy. Unfortunately, however, most everyone else is in a similar state of non-sobriety so no one comprehends what I am saying. — avoid any allegations of a conflict of interest, with respect to the up- coming edition of the paper, I limit my contribution to making sure thai my name appears as often as possible on every page. In addition, instead of being my usually witty self, I use my column to make a statement of my positions from (refraining putting a picture of my backpack Tuesday, February 5 I am working behind the circulation in along with it). desk in the library when one of my opponents approaches me seeking signatures for her petiMonday, February 11 I learn tion. Realizing that the competithat Election Day has been tion will be stiff, I quickly obtain changed once again, this time to several petition sheets from the a week from Wednesday (it's just mail room and immediately comthat ol' consistency at work mence soliciting the requisite again). SBA therefore decide to I order eighty signatures in to get downshift my campaign to secmy name on the ballot. My stratond gear but to increase by fundegy is simple: no one is going to activities. My campaign raising take a book out of the reserve area unless he or she first gives war chest currently holds ninetyme his or her John Hancock on five cents. I am also in the proof seeking additional media my petition. This proves to be cess coverage Dan Rather hasn't successful in less than fairly called yet but the Amherst Bee three hours I obtain over sixty might be interested in doing an signatures. in-depth interview. — by Andy H. Viets — Author's Note The following column is strictly intended to be a humorous account of my meanderings as a Student Bar sure will be their contiuing successful, influential and productive careers as SBA officials. — At the Thursday, January 31 aptly named Blizzard Bash held at the Pine Lodge this evening, I learn that Tony Torres has resigned as Vice-President of the SBA and that a special election will be held to fill the position. My first thought is to run the entire Editorial Board of The Opin- Association Vice-Presidential candidate. In no way is it meant to belittle the SBA, the office of the Vice-Presidency, or my opponents, Lori Cohen or Todd Bullard. On the contrary, I congratulate Ms. Cohen on her victory and wish her and Mr. Bullard nothing ion for the post, but am informed but good fortune in what I am by a reliable source that this SBA Grants Funds At the February 11, 1985 meeting of the Student Bar Association various matters were considered, but the central issue of debate which was concentrated on concerned the funding of the Frederick Douglas Moot Court Competition. The budget for the Competition presented to the Finance Committee indicated that sending seven people to the Competition to abe held in Syracuse would cost a total of $845.00 (lodging, food, transportation and delegate fee). The Finance Committee recommended that the SBA give $300 to the Competition to be held in Syracuse quested (the balance to come from BLSA funding and a grant from the law school administration). After considerable discussion and a heated exchange between first year director Todd Bullard and SBA President Richard Gottlieb over parliamentary procedure, the SBA Board of Directors approved giving $370 towards the Competition. This sum, when added to the $275 BLSA funding and the $200 administration funding, would make up the total of $845. -, The other proposal voted on at the meeting concerned the law school's grading system. In early March there is to be a student referendum on the issue of man- ' datory fees. A second question has beenadded to this which will have students express their feelings on the grading system. In addition, Bullard, as chairman of the Rules Committee, reported that the Committee has made two proposals. The first is a change to Bylaw 13 which would make the paying of dues to any SBA recognized law student organization optional. The second is an amendment to Bylaw 14 which would require that seventy-two hours prior notice be given for any SBA Special Resolution and that the Resolution be posted in visible locations.' — — — Through threats and Thursday, February 7 a combination of pleadings, I manage to obtain the remaining necessary signatures to get my name on the ballot. The campaign is now gathering momentum as I develop my platform and ready myself to be interviewed by the media (I am hoping that Dan Rather gives me a call I could use the television exposure). I attend The Opinion's Silver Anniversary Recruitment Party where I am asked to outline my positions. At this point I have only one taking a page out of Rich Gottlieb's Campaign Promises I Have Come To Regret book, I announce that, if elected, I intend to rotate the Vice-Presidency among the editors of The Opinion. — — — Saturday, February 9 While laying out The Opinion, I am informed that the date of the election has been changed from this coming Friday to this coming Thursday so that more people will be able to vote. In order to one say "I don't know who I'm going to vote for, but it sure isn't going to be for that guy with thebackpack. I mean, give me a break, who's he trying to kid?" In addition, a total of only ten people (including the candidates) show up to hear me espouse my political philosophy at the Vice Presidential Candidates' Forum. I immediately change my platform from one based on the issues to one based on graft. My anyone who offer is simple votes for me will get whatever he or she wants upon my elec- — tion. — It Wednesday, February 20 is Election Day. I set up shop near the ballot box in order to conduct an exit poll. Everyone I ask says that he or she has voted for me. I figure that I am in until I realize that I have asked only people that I know. After twenty minutes I am accused of campaigning too close to the polling place (actually, no accusation is necessary I freely admit it). At 5:00 I go to the SBA office to find out the results. The vote counter, in a poor attempt to hide her glee, tells me that I have lost arid badly at that. I now know what Walter Mondale felt like this past November. We're talking about a blowout here; a landslide of major proportions. I depart for home to drown my sorrows with a can of Wegman's ginger ale. — — Wednesday, February 13 Dan Rather still hasn't called and the Amherst Bee piece has fallen through (it failed to meet my demands of a large contribution and an endorsement). I have to settle for my position statement in The Opinion (circulation 2000, readership 13). — — — Friday, February 15 I get to O'Brian Hall at around 6:30 P.M. for my Trial Technique class when I notice that one of my opponents has started to get serious. She has placed three fourcolor posters prominently displaying her name and resume at strategic places of the law school. I decide to counter with signs of my own, spending all of the money in my campaign war chest on photocopies (you don't think I made them all myself, do you?). — It is Tuesday, February 19 the day before Election Day. My signs are up and I am telling everyone to vote for me. I realize — — Well, at least I am Epilogue consistent. My latest venture into the world of politics has once again resulted in an abysmal failure. This makes the third major election I have lost, dating back to a devestating loss in the East Meadow High School Senior Class Presidential race in 1977. No matter. I have been informed that by virtue of my receiving in excess of five percent of the popular vote in last Wednesday's election, it is very likely that I have qualified for federal matching funds. My next campaign, therefore—for the mayoralty ofSanta Barbara —will commence shortly. Activities Fee Referendum by GinaPeca A referendum will be held in March to determine whether student activity fees for the next four years will be mandatory or voluntary. It is the recommendation Tuttle purchasing word processing of the Finance Committee that equipment for use of the stu- the fees be mandatory. Wendy Tuttle, a first year law dents of the law school. The Student Activity Fees prestudent, has been named one of fund sixteen organizations sently two students on the University Rich Gottlieb, SBA President, in the amount of $16,790. There Library Director search commitsays that the equipment purcosts totaling tee. Bob Wagner, Vice President chase would "help students in are administrative nearly $15,000 which include the for University Services made the the way they need it most: for following line items: telephones, announcement February 19th the job search." duplicating (xeroxing), .Distinafter interviewing nominees subguished Visitors Forum-Speakopportunity is an to "This individual student mitted by the develop a self-sufficient word ers, student athletic fee, convengovernments. tions, social, commencement, ofRich Gottlieb, SBA President, processing center, cutting the fice supplies, orientation. Reach not saving costs to studentsand noted that Turtle's name had publication, child care and unalcome highly recommended from only money but time." Gottlieb when located. Ellen Gibson, law library director, said the idea was initiated Upon careful consideration of Hoffman, a second-year in role Dave Turtle's active of because budget, the Finance Committhe is also President law studentwho the SBA's Library Committee. is recommending a one dollar tee approached the Sub-Board, of ($1.00) per semester increase in suggesPresident with the SBA Word Processing tion: Hoffman addressed the the student activity fee. This will raise the fee to $20.50 per semesThe Student Bar Association is Board at the SBA meeting ofFebof ter and result in a revenue increase 21. possibility ruary the investigating SBA News Release that my campaign is in trouble, though, when I overhear, some- of approximately $1,600.00. The Finance Committee, in planning for the 1985-86 budget, has made some initial determinations. Although certain ad- such as through the social committee line. Although this year's unallocated line presently contains approximately $2,000, funding proposals are being approved by ministrative expenditures are areas such as office the SBA. Most of the money is the supplies and duplicating will be unallocated as the result of from money not exrollover orienreduced while funding for tation will be increased to reflect pended by student organizations budget will true costs. Organizations will last year. Next year's have separate duplicating lines attempt to provide the necessary reand slightly decreased office funding to each organization, unalhigh the need for a ducing supply lines. However, any and encouraging ingroup can request an increase in located line, creased activities. a line for specific expenditures, The increased student activity such as letterhead. revenue generated, in addifee Activity An increased Student tion to unexpended unallocated Fee will permit student organizamoney, will create a substantial tions to increase their programs amount of funds to be allocated and activities for the coming to law school organizations and year. Each group will be encouractivities. Groups should plan an aged to set a tentative agenda inagenda for next year, including cluding competitions, conferproposals for new activities. ences, speakers and new prorequests jects. Any additional revenue Each group will present heargenerated will be used to in- for funding at the budget for tentatively scheduled ings, crease funding to the organizaMarch 25th and 26th. tions and to students in general. fixed, February 27,1985 Opinion 3 �Students Spend Time in Nicaragua During Break by Paul Kullman While many U/B law students spent this past break with their families andfriends and listening to the sounds of Bing Crosby's "White Christmas" filling the air, such was not the case with law students Frank Resillez and George Terezakis. While the two did spend half of the break amongst familiar faces and friendly sounds, they spent the other half of their vacation sleeping in army co-op bunks and on church floors, sometimes awaking to the crackle of an AK-47. Resillez, a first-year student, and Terezakis, a third-year, spent two weeks (January 13-27) in the war-torn country of Nicaragua. They were part of a 20-member group called Witness for Peace, which, according to Resillez, is a nondenominational religious organization which maintains a in presence" "continuing Nicaragua. "They take people for twoweek periods and they do their own sort of investigative reporting on the situation down there," Resillez said. "They try to maintain a very independent political line." Terezakis said any time there is an attack on an area, members of the Witness for Peace organization "go in and interview the victims and try to find out exactly what happened." Students Shared Common Interest It was this same interest in finding out just "exactly what was happening" in Nicaragua that prompted Resillez and Terezakis to travel to the striferidden country. The two students first crossed paths at an International Law Society meeting at Law Professor Virginia Leary's house last September. Terezakis said he and Resillez discovered a common interest in Nicaragua and discussed how feasible it would be for them to go down there. "We were interested in going down there because we wanted to see firsthand what was going on, how the people felt, if they supported the Sandinistas, and how they felt about the Contras," Terezakis said. The Sandinistas currently control Nicaragua, but are under constant attacks by various politically-backed Contras, according to Terezakis. He said many of the Contras were former officersand soldiers under the country's previous leader, Anastasio Somoza. Objectivity and Observance Were Primary Goals "One of our primary goals in going down there was to be objective," Terezakis said. "We knew we were going down with certain preconceptions, but we were aware of that." While the trip marked Terezakis' first excursion into Central America, Resillez had spent ap- proximately eight months traveling throughout the area (though none of it in Nicaragua) while an undergraduate at the State University of New York at Binghamton. A native of Cuba, Resillez majored in political science and Latin American studies, and spent part of his junior and senior years studying in Central and South America through a pro- gram sponsored jointly by the Organization ofAmerican States and the SUNY system. Resillez said he and Terezakis wanted to see as much as possible and talk to as many people as possible. "We wanted to see their system of political process in relation to other Latin American countries and in relation to the U.S." War Leaves Trail of Death and Destruction What the two also saw was the carnage of war and its resultant effects on the people and economy of Nicaragua. Among other things, they saw the wreckage of a coffee-processing plant located just a quarter mile outside their camp in Molina; a pile of ashes in the Pantasma Valley where a lumber mill once stood; and the skeletons of numerous burnedout trucks along the duty paths of theirtravel. The pair also saw "a tremendous loss of life," Terezakis said, as well as dozens of injured people and orphaned children. They also heard gruesome stories from wives whose husbands had been "butchered in front ofthem by the Contras," according to Terezakis. Resillez characterized the current fighting in Nicaragua as a "wait-and-see type of war." "While the war down there is not one big act, there's always the likelihood of an attack any minute," he said. "You get hit now and you get hit later. It's a big misconception to come to Nicaragua and expect to go into an area where bombs are just falling on you. No country down there has enough money to spend that much because even a bullet is ex- pensive. Weapons and Fighting Were Commonplace While the two did not witness any actual fighting during their stay in Nicaragua, they did see a lot of Nicaraguans carrying weapons, much the same way a law student totes around his books. "You get used to traveling everywhere with the militia carrying AK-475," Resillez said. "But we never felt uncomfortable. We never felt threatened by the (Sandinista) soldiers. We never detected any hostility towards us." In addition to seeing the sights of war, both Resillez and Terezakis experienced the sounds as well, often hearing the sporadic crackleof artillery fire while in the countryside near the northern Honduran border. "They (the Witness for Peace organization) actually found that when they get into contested areas in the countryside where we were, though, the level of violence goes down," Terezakis said. "They (the Contras) stop the attacks when there are Americans in the area." Nevertheless, both students said curfews are by Peter Scribner The 36th annual Law Revue will be staged this year at the Tralfamadore Cafe on Sunday afternoon, March 24. The nation- ally renowned Tralf is located downtown on Main St. in Buf- falo's Theatre District. The new location is expected to step up the glamour of this annual festiand musical talents of members of the law school community. All students and faculty members are invited to participate. Plans are already afoot to stage the "Charles Carr Moot Court Competition," a judicial rendition of Sandra Day and the Supremes, and a variation on "Ghostbusters" (called "Tortfeasors", to be performed by the first year Section One). Students who would still like SUMMER SESSIONS 1985 • SUMMER SESSION 1 May 20 to July 1 COURSES CREDITS Commercial Paper Conflicts of Law Criminal Procedure Debtor-Creditor Evidence Housing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices 3 3 4 3 4 . 2 3 4 3 3 3 SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS Administrative Law Commercial Transactions Survey Family Law Federal Estate and Gift Tax Federal Income Taxation of Individuals Labor Law Legal Issues in Public Education r For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY SCHOOL OF LAW Hempstead, Long Holstra Opinion February 27,1986 4 Island, New Y.ork 11550 University is an equal educational opportunity institution 3 4 3 3 4 3 3 '■■„ ern border. "You don't want to walk around in the dark in the countryside because you might get mistaken for a Contra and get shot," Resillez said. "Also, you don't want to give away your position to the Contras and open yourself up to an attack by them." Experiencing ft Supersedes Reading About It Both Resillez and Terezakis said they learned a great deal from their two-week visit to Nicaragua and both hope to eventually go back to do further research there. "It Was a fantastic trip," Resillez said. "You were able to pick up pieces here and there and form your own theory of the situation down there. You see some good things, but you also see some things that are doubtful and that might worry you for the future." Terezakis added, "But you can't just read about what's going on down there, you have to experience it in order to better understand it." Next issue: Resillez and Terezakis describe their understanding of the current conflict in Nicaragua. Law Revue at Tralf val of Law school talent. The Revue features the comic HOFSTRA LAW SCHOOL strictly enforced near the north- to enter a skit or musical act in the Revue must submit their ideas to the Revue committee by Thursday, February 28. Actual scripts of proposed skits will not be required until the following Friday, March 8. Ideas for skits should be submitted to Peter Scribner (mailbox #819). Danny Ellias will be acting as musical director for the Revue. There are already several students and faculty members willing to perform their own work or participate in a "pit" band that will accompany other acts. But Ellias says that more musicians are definitely welcome. All kinds of music are appropriate: classical, jazz, rock, folk, whatever; and all types of musicians (especially piano and bass guitar players) are needed. Musicians who want to participate can contact Ellias through mailbox #358. Faculty members as well as students are encouraged to participate. Sandy Cassidy (mailbox #548) will be acting as-the contact person for faculty participation. Anyone interested in helping with the writing of skits should contact Randy Fahs (mailbox #73). And in general, anyone who would like to participate in the Revue in any way may contact Revue Director Howard . Spierer (mailbox #762). If you would like to be in a skit but don't have any particular material in mind, the Revue Staff can connect you with groups that need your help. Law Review Competition The Buffalo Law /?ew'ewinvites all first-year students interested in joining the Review to attend an Informational Meeting on Tuesday, March 12, at 4:00 in Room 106. Associate members will be present at the meeting to de- scribe the RevieWs annual casenote competition (which will be conducted twice this spring), to distribute additional information which might prove helpful to participants in the competition, and to answer any questions students may haveabout the Review and its activities. The Buffalo Law Review is a professional journal published three times a year by students of the law school. Its purpose is two-fold: to select and publish significant student and professional contributions to legal scholarship, and to provide members with an opportunity to develop their own writing and research skills. Participation in the casenote competition is necessary to be considered for Review membership. A competitor is referred to a recently decided case dealing with an area of law covered in the first-year curriculum, and is given ten days to write a short (no more than eight-page) paper reviewing the facts of the case, identifying the important issues it presents, and analyzing the court's decision. Each such "casenote" will be read by several editors of the law review over the summer, and judged on substance. Writing ability, and form. The Review encourages all interested first-year students to enter the casenote competition, particularly racial minorities and economically disadvantaged or otherwise handicapped students. �Law School Damage Continues; No Relief Yet continued from page I that it would be a good thing for the people in charge of the repairs and maintenance to make a tour of the campus buildings." This was done on a yearly basis in Headrick's last job in order to see what repairs were needed. Greiner agreed that this was a good idea, so Headrick sent a memo to Gibson requesting information about needed repairs in the Library. Gibson responded with a three-page single-spaced memo detailing the problems in the Library which Headrick can refer to when O'Brian Hall is inspected by Patio on .secondfloor ofLawLibrary isbarren ofivy and trees that were there last year Vice President for Finance and Management Edward W. Doty, Vice President for University Services Robert J. Wagner, and University Provost William R. Greiner. Headrick then forwarded his own memo to Greiner on Wednesday, February 20. Although Headrick is unsure when Greiner will respdnd to his memo and set a date for the inspection, he did say that O'Brian is thefirst building on the inspection list. List of Problems Run the Gamut On 7th floor ofLibrary, leaks in the roof hare caused the plaster to crumble and the carpel to deteriorate. Besides Gibson's concern about the repetitive pipe bursts, her memo informed Headrick about the new roof leak on the fourth floor where water is dripping through the seams of the skylight. Another major problem is the carpeting throughout the Library. The seams connecting the different sections of the carpet are coming apart and have caused people to trip and fall. According to Gibson, a carpet man said the carpet only has a ten year useful life and is too old to repair. It cannot be stretched and reglued but has to be replaced. In addition to the general roof leaks on the seventh floor of O'Brian Hall, the Library's Rolled-hack rug. wet mailing and hole in wall in O'Brian Room are results from broken pipe. seventh floor also has suffered water leaks which caused it to return a collection of New York Court of Appeals Cases, which were on loan, to the Eighth Judicial District Library. Now the Library only has a set on microfiche. Although the mildew from the water leaks is not as bad as it was, said Gibson, the water continues to leak and is causing the ceiling plaster to dissolveand crumble. On the sixth floor of the Library where the new Koren Center was dedicated last semester, Gibson is still waiting for new lights to be installed in the reading area. New Reading Center on 6th Floor is still waiting for ceiling lights after six months Most of the Library's lighting is provided by fixtures attached to 6th floor ofLibrary was removed because Onh pipes remain after waterfountain on it. maintenance got tired affixing the bookshelves so when the bookshelves in the Documents Area were moved to make room on the sixth floorfor the reading area, the floor lost most of its lighting fixtures. Gibson put in a formal request forlights on September 17 and is still waiting. Other problems on the sixth floor is a window that leaks in the Documents Librarian's office and a pipe that remains sticking out of the wall where the water fountain was removed because maintenance decided it was no longer going to repeatedly fix it. In the rear of the second floor, snow blowing underneath the patio doors has caused the carpet to rot and mildew. In addition, the curtains on the patio doors have rotted from the sun and need to be replaced to protect the books and shield the readers from the glare of the sunlight. Also, the landscaping was removed from the patio and all Water fountain on the 7th floor of the Library is left out of commission that remains is black paint on a trough. Gibson noted that this is particularly unsightly, and expressed her surprise that of all the problems, nothing has been done to ameliorate this one since University President Steven B. Sample holds the orientation for incoming law students in this area. February 27, 1985 Opinion 5 �WHY IS IT THAT. 6 Opinion February 27,1985 .. �The Opinion's publication schedule for the remainder of the spring semester of 1984-85 is as follows: ■ COPY DATE OF PUBLICATION ISSUE DEADLINES 25:11 25:12 Wed, 3/6 Wed, 3/20 Sat, 3/9 Sat, 3/23 Wed, 3/13 Wed, 3/27 Wed, 4/17 Sat, 4/20 Wed, 4/24 LAYOUT* Onion Insert 25:13 *Hours for deadline and layout are 12:00 noon. tLate copy accepted only upon prior notice. Any submissions must be typed double-spaced andean be placed in the manila envelope outsideThe Opinion office (Room 724 O'Brian Hall) or in mailbox #754 The Alumni Association and CDO present the following information panels which all students are invited to attend. Real Estate Practice Rm.210 3:30 p.m. Wednesday, March 13 Corporate Law Practice 3:30 p.m. Rm.210 Wednesday, March 20 Matrimonial Practice Rm. 210 3:30 p.m. Wednesday, April 10 resumes professionally typeset Buffalo. New York Single Issues of Volume 33:1 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I WINTER 1984 VOLUME S3 NUMBER 1 ArtUlts The 1983 Jamb McCormick Mitchell Lecture—A Hurdle Too High: Class-based Roadblocks to t Racial Remediation By Dtm Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Sele-recardinc Conduct fly Paul Siegel Sexual Equality, the Equal Protection Clause, and the ERA By Phyllis Segal The Priority Secured Party/Subordinate Lien Creditor Conflict: b "Lien-Two" Out in the Cold? By David Fnsch Commtnti Protection or Systems Control Soetware Stoked in Read Only Memory Chips: Into the World or Gulliver's Travels SEC Rule 14a-8: New Restrictions on Corporate Copyright Democracy? . FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITYOF NEW YORK AT BUFFALO Capyrifht • IBM fey ,h* Buffalo UrnRevitw February 27,1985 Opinion 7 �New Jersey Declares Year of the Environment Kean, who sponsored New Jersey's Spillfund (the prototype for the federal Superfund), believes that bipartisan cooperation is essential for progress to by David Piatt, Environmental Law Society Conference Attended By Private and Public The well-attended conference included a good mix of industry spokesmen, environmentalists, be made, and that strict enforce- government officials, and memment of laws is imperative. Strict bers of academia. Governor enforcement, he believes, should Kean was certainly not the sole not turn into industry harassgovernment representative prement, however. A good system sent. Other agencies well-repof incentives and penalties must resented included the Environbe instituted so that "polluting becomes more expensive than not polluting." The American Law Institute and the American Bar Association co-sponsored a Course of Study in Environmental taw in Washington, D.C., on February 14-16, 1985. Topics which were covered ranged from hazardous waste and toxic substances control under the Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TOSCA), to recent developments under the Clean Air Act, Clean Water Act, and National Environmental Policy Act (NEPA). Public lands law and certain aspects of regulatory reform were also on the agenda. Kean Urges Cooperation Among All Sectors Governor Kean cited several other problems which need ad- The theme for the three-day session, that of increasing implementation and enforcement of environmental regulations, was set by Governor Kean of New Jersey, the keynote speaker. Kean, who billed himself as a staunch Republican and conservationist ("the two are not necessarily contradictory"), has proclaimed 1985the "Year of the Environment" in New Jersey. Kean believes that state governments must take the leading role in environmental protection during this "era of federal retrenchment," and that "economic and environmental development are two sides of the same coin." Pollution control and wise use of our natural resources," said the Governor, are not possible without a healthy economy. continued from page I some students, members of the local bar, and University administrators" will be arranged. PASS WITH PIEPER The Pieper seminar is now the hot bar review course in New York Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 See Your Pieper Rep: Richard Eric Gottlieb Richard Schaus Steve Wickmark Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney 8 Opinion February 27, 1986 sources Defense Council, and the Environmental Law Institute sent spokesmen. This ALI-ABA Couse of Study was a worthwhile effort to edu- cate the environmentally ignorant and to bring even the well-informed up to date on the status of the environment and the laws that govern it. Dean Search Committee... dressing. One, the private and public sectors must learn to work Sample Has Last Word together; progress is impossible on Decision without this essential element of Thereafter the Committee will cooperation. Two, environmenrecommend three candidates to talists must begin to pay attenProvost William University tion to the problems of the cities. Alutto continued. Greiner Greiner, This attention, he claims, has "will then set up another round" been lacking in the environmenof interviews and visits which "enmovement, although tal will culminate in "the final winvironmentalists frequently benowing out" ofthe candidates by fact that do city people moan the and University President not care about the environment." himself Steven Sample, who makes the To save rural and suburban ultimate hiring decision. areas, the cities must be made nicer and safer places to live. New Dean May Not Finally, Kean stressed the fact Be Chosen By Fall that lawyers, who "forge and acknowledged that a Alutto weld the tools of our legal system," must engage in a more great deal of work remains bepositive and active role in the en- fore a final selection can be vironmental movement. He made, and that the process may closed by punctuating the impor- be time consuming. Asked whether or not a new dean will tance of environmental conserbe found by next fall as originally vation and protection as a na"I planned, Alutto replied, tional goal, stating "if we ourselves lay waste to our homeland, haven't the slightest idea; it's too what is going to remain for Star early to tell." He emphasized however that the Committee is Wars to defend?" N.J. Plans to Clean Up mental Protection Agency, Council on Environmental Quality, Land and Natural Resources Division of the Department of Jusice, and various branches of the Department of the Interior. In addition to numerous students and lawyers in attendance, many private organizations, such as The Wilderness Society, the Sierra Club, the Natural Re- "working under the assumption that it (the selection] willbe made in the fall." Other members of the Committee also voiced uncertainty over when the final decision will be made. "It's a difficult job because there are so many other law schools also seeking new deans," Law Professor Virginia Leary said. "I don't think we can say at this time when we will have a definite candidate." Student Representative to the Committee and third-year law student Steve Wickmark said that although he "would be surprised to see it (the selection process] go to next fa 11... it's certainly conceivable that the kind of person we're looking for won't be available" in timefor the beginning of the fall semester. On the other hand, "it could very likely take a lot of time if we have a lot of viable candidates," Wickmark noted. Headrick Will Stay Until Replacement Found However, even if a selection is not made by the fall, the impact on the law school is likely to be minimual, since Dean Headrick has indicated that he would stay on as Dean until a replacement can be found. Headrick nonetheless believes that there will be a new dean come next fall. "These types of things usually start slowly but pick up momentum I think there will be a selection made by the fall," he said. ... Committee members agree that this dean search will be particularly difficult because Headrick's shoes will be hard to fill. "Everyone wants another Tom Headrick: an accomplished legal scholar who is open to the kind of legal education that we get here," Wickmark commented. Alutto echoed Wickmark's praise of the dean, saying that the Committee was seeking someone who would "continue Headrick's style" of encouraging progressive research and innovative teaching methods and promoting a degree of collegiality among the faculty which would not be found at a more traditional, autocratic University." Garcia amplified her colleague's conception of the ideal candidate. "God," she joked. "A scholar who understands scholarly pursuits and a fiscal wizard who is able to deal with [the] Capen Hall and Albany [administrations]. That to me is looking for God." One-to-One A reminder: This career-guidance program is designed to help students explore law practice options before making a final decision. The best way to make that decision is to learn about the realities of law practice by discussing those realities with someone who experiences them daily. A large firm employment setting is different from the small firm; a government agency is different from a firm; litigation practice is different from a real estate practice; etc. Get a sense for these differences. If you have not already done so, stop by CDO and review the types of law practice areas available for a Oneto-One meeting. Sign up for the one which interests you. We strongly encourage it. ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY '.'REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays! WHY TAKE ANY CHANCES? REGISTER" NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (1 to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY. FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent �Financial Aid Update: Reagan Proposes to Cut Financial Aid by Steve Wickmark FINANCIAL AID UPDATE This is your second warning!!! The deadlinefor submitting your 1985-86 FAF which will determine your eligibility for NDSL and work study INCLUDING SUMMER '85 WORK STUDY IS —MARCH 15, 1985!!!!!!!!!!!!!!!! All of you have probably heard horror stories about Mr. Reagan's plans for financial aid in his newly proposed budget. In an attempt to set these rumors torest let me assure you that the reality is probably worse than you have imagined. Below you will find a copy ofa recent article published in the Chronicle of Higher Education, Feb. 13,1985which explains most of the financial aid components of the Reagan plan. After reading it I would hope that many of you, if for nothing more than personal greed, will be inspired to write to your congressionalrepresentatives in protest. Quick note: Seniors beadvised Sallie Mac no longer is buying consolidating and Student Loans. First and second year students, the job of Financial Aid Advisor is open. Please apply. I don't want to be doing this next year. Deadline is March 1. The White House proposed its most aggressive plan yet to restructure and cut back federal student-aid programs, in its search for ways to trim the deficit. President Reagan's fiscal 1986 education budget would eliminate two student-aid programs and insure that grants and subsidized loans are limited to lower-income students. The proposed budget called for $6.28 billion for student aid in fiscal 1986. Congress provided $7.9-billion for the current fiscal year. The President's proposals would require all students and their families — particularly those in higher- and middle-income groups to pick up more of the cost of a college education, and would eventually turn authority for all student-aid programs over to the states. — Representatives of college organizations, as well as education leaders on Capitol Hill, quickly announced their opposition to most of the proposals, saying they would hurt both students and colleges. Said Sen. Lowell P. Weicker, Jr., the Connecticut Republican who chairs the Senate appropriations subcommittee with juris- also would be greatly affected, Guaranteed Student Loans of for a new program of National since their tuition is generally just 1.5 per cent beyond the Graduate Fellowships named higher than others'. In a prelimiTreasury-bill rate while the stuthe Javits Fellowships after the nary analysis, the American dent is in college and 3 per cent long-time York Republican Council on Education said the when the student leaves school. Senator, New K. Jacob Javits. In addicap would reduce assistance to Lenders now receive a special al- tion, the budget included no about 430,000 students. lowance of up to 3.5 per cent. money for the scholarships for Graduate-school officials were Reducing the rate to 1.5 per fiscal 1986. particularly Concerned that the cent would discourage many The fellowships, which higher$4,000 ceiling would discourage lending agencies from making education groups had been trystudents from pursuing adGuaranteed Student Loans and ing to persuade Congress to supvanced degrees. About 65 per could threaten the future of the port for several years, are decent of all graduate students borprogram, college officials fear. signed to aid graduate students row the maximum amount of Restrictions on independent in the arts, humanities, and social money $5,000 per year—availstudents. New rules would make sciences. able to them through the Guaranit harder for students to declare The grants are not needed, teed Student Loan program, acthemselves financially indepen- budget documents said, because cording to the Congressional dent of their parents for the purgraduate students are eligible for Budget Office. poses of receiving federal aid. financial aid under other Federal Under the Administration's plan, programs Income ceiling on Pell Grants. all students below the age of 22, The grants which provide stu"Unrestrained 20-Year Binge" except for orphans and wards of dents with up to $1,900 a year The Officeof Management and the court, would be considered would be available only to studependent students. Those 22 Budget justified its proposed dents from families with annual and older would be considered changes in student aid in a docuincomes of $25,000 or less. Pell independent. ment that said they were essenGrants would receive $2.69-billion tial to "correct policy and budgetRequired student contribuin fiscal 1986, down from $3.5tion. All students would be re- ary impacts of an unrestrained -billion. quired to contribute $800 a year 20-year binge" in the Education The budget also would restrict toward their college education Department. The growing stuwork-study funds and National before receiving a federal grant dent-aid programs, the docuDirect Student Loans to students or loan. Money obtained through ment said, have produced a from families earning $25,000 the government's College Work- "shotgun approach that has inannually or less. Study program could be used for discrimiately sprayed assistance Income ceiling on loans. this purpose. at students regardless of income Guaranteed Student Loans Required high-school diploma. for almost any conceivable type would be restricted to students All students would be required of education." from families earning less than to have a high school diploma or The 0.M.8. proposed to replace $32,500 annually. The American the equivalent before receiving all current student-aid programs, except for the Guaranteed StuCouncil on Education said that federal aid. would prevent at least 460,000 Consolidation of programs. dent Loan program, with a single students now eligible for the The Administration requested no program of grants to the states, beginning in 1987. The 0.M.8. loans from receiving them in the funds for the Supplemental Edufuture. The Guaranteed Student cation Opportunity Grant pro- said that would "simplify and make more equitable and effir Loan program would receive gram. Instead it asked for $850$2.7-billion in the coming fiscal -million for the College Work- cient the delivery of federal aid." The state-grant proposal will year, down from $3.08-billion. Study program, under which'inStudents from families that stitutions could use up to 50 per be studied by the Administration as it considers what recommenmake more than $32,500 would cent of the amounts they rebe able, to obtain Guaranteed ceived for supplemental grants. dations it will make for extending the Higher Education Act, which Congress appropriated $592-milStudent Loans, but the government would not subsidize any of lion for College Work-Study for expires later this year, said Gary the interest on them. fiscal 1985 and $412-million for L. Jones, who was Acting Education Secretary when the budget Those students' families also supplemental grants. was released. Under the plan, could borrow under the Parent The Administration also proLoans for Undergraduate Stuposed to eliminate State Student states would decide what mix of dents program, but they would Incentive Grants and new federal grants, work-study, and loans interest pay prevailing market contributions to the National Di- students would receive. President Reagan's proposals rates. Loan limits under that rect Student Loan program. would affect loans and grants for would be from program raised Less aid for graduate students. the academic year beginning in $3,000 to $4,000 a year and from — — ' — — $15,000 to $20,000 altogether. Those loans now carry a 12 per cent interest rate. Change in theinterest-rate calculations. The basic interest rate for new Guaranteed Student Loans is now 8 percent. The budget would set the interest on new loans at the rate of 91-day Treasury bills, to reflect more closely the cost of money. Reduced payments to lenders. diction over the Education DeLenders, who. now receive inpartment's budget, "I oppose the terest subsidies of up to 3.5 per Administration's proposed fund- cent beyond the basic 8 per cent ing levels for education, particurate, would receive a larly the cuts in education loans interest special interest allowance on and grants. Were they to become law, access to higher education would be severely limited, and we would return to the days when only the economically advantaged could go to college." Following are the major elements of the Administration's student-aid plan: The President sought significant reductions in the amount of financial assitance provided specifically for graduate students. Mr. Reagan requested no money for the Graduate and Professional Opportunities Program, which aids about 1,350 needy students. He also proposed eliminating the $2.5-million public-service fel- lowship program and ending a $1.5-million program designed to provide lawstudents with clinical experience. Mr. Reagan asked Congress to rescind the $2.5-million it appropriated for the current year SENIORS!!! Ceiling on all aid. No student could receive more than $4,000 a year from all federal sources, including loans, grants, and workstudy. Now some students can receive as much as $11,000 a year, although few actually do so. Needy students would be hardest hit under the proposal, analysts said, because it would reduce their choice of a college substantially. Graduate students SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. the fall of 1986. More than five million college and university students now receive federal aid each year, and about one million students would lose their federal aid under the proposals, Mr. Jones said. He added that he did not think that overall college enrollment would be reduced if Congress adopted the President's proposals, but he said he was not sure whether Mr. Reagan's proposals would affect a student's choice of colleges. "We don't know at this time," he said. Leaders of several higher-education groups announced unified opposition immediately after Mr. Jones outlined the proposals at a budget briefing. They stood outside the Education Department in windy, nearfreezing temperatures, in symbolic gesture to show their dis- pleasure. "Higher education is being frozen out of the budget," said John D. Phillips, president of the National Association of Independent Colleges and Univer- sities. Said Dale Parnell, president of the American Association of Community and JuniorColleges, "With one fell swoop, the Reagan budget puts the nation at risk," a play on the title of the federal report issued in 1983castigating the state of education in the country's schools, A Nation at Risk. Much of the reaction on Capitol Hill to Mr. Reagan's proposed budget was just as critical. Rep. Augustus F. Hawkins, Democrat of California, chairman of the House Education and Labor Committee, said the President's aid proposals would mean that many students would have very little choice about where to attend college and that many would be forced to drop out of college. "Most of Congress would oppose these changes in programs if they voted on them directly," Mr. Hawkins said. He added that he would try to use parliamentary maneuvers to insure that legislators cast votes on individual parts of the budget, rather than casting a single vote for an overall budget resolution that might include sweeping changes in programs. He said the $32,500 family-income ceiling for subsidized Guaranteed Student Loans would be-particularly harmful to families that wanted to send more than one child to college. "We're totally opposed to the President's proposals," said an aide to Rep. William D. Ford, Democrat of Michigan, and chair- man of the House Subcommittee on Postsecondary Education. If Congress accepted the proposals, "it would mark the end of the Guaranteed Student Loan Program," the aide said. "We feel that higher education has to be a top priority, and it obviously is not with this Administration." wo D M>oto PROCESSING |||ne * - TYPING Your Future Can't Wait Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality covpr letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for letyping when editing drafts • 1 Type»ty le* at Symbol* to Choose From Repetitive Won At Seduced Prices Xeroxing. Printing, Bulk Mailing Printed to took like Typeset Or Typewritten Pick-Up t. Delivery AvaßaMe All Work Guaranteed — Call PnoTO-Tvrt 883-3348 Ask For Randy February 27. 1985 Opinion 9 �Grading System To Be On Referendum lem is not acting in the best in- by Eric Snyder On March 6th and 7th the Student Bar Association will run a referendum asking law students if they are satisfied with the cur-" rent grading system at the law school. The referendum is non-binding. Its purpose is to provide students, faculty and administration with an impression of student concerns inregard to the grading system. It is also an opportunity to introduce alternative systems if students are not satisfied with the current one. I brought this to the attention of the 5.8.A., as well as my fellow law students, because I believe that there is an undercurrent of students and faculty who are displeased with the current system, and that it is time that the issue be brought out into the open. Why Work for an "H" When You Can "Q Out"? I have heard from those who oppose the current grading System that it provides a disincentive to work. A student, knowing a professor will give few or no "D" grades, will do little or no work in that class. By simply picking up a review guide the day before the exam, the student will receive a "Q" grade in the class. Some students enjoy doing this for many of their classes; hence the term "Q-ing out" was born. I question the objectives of a student who spends three years of his or her own life, and many thousands of dollars to "Q out." I am concerned that an institution that condones the action by not attempting to address the prob- TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) terests of the students it is there to protect. current grading system does not provide an accurate indication of a student's academic performance. This system provides little indication to a prospective employer outside Western New York, who is unaware of the quality of the law school, of the caliber of the student he or she is contemplating hiring. The system gives little indication to students of their own academic progress due to the fact that a great many professors take the easy way out, and do not comment on the exams or scrutinize the answers very closely. This practice tends to lead to arbitrary grading, and a denial of a student's right to learn from his or her own mistakes. The argument for the grading system is that it cuts down on the competition and fosters an atmosphere of learning unique to the "Buffalo Model." However, I believe that students that now compete for an "H" would compete for an "A" grade with the same vigor under a traditional ABCDF grading system. A change to a 5-letter ABCDF system would not increase competition, but lend legitimacy and consistency to the 5-symbol HQ*QDF system used at the law school currently. This is my opinion. All of you will have an opportunity to voice your own on March 6th and 7th. I urge you to do so. Graduate Tax at U/B The Institute for Tax Studies at the State University at Buffalo has established what is believed to be the first graduate-level tax program in Western New York. The non-degree evening program provides comprehensive tax instruction for accountants and attorneys who sometimes must deal with complex tax issues in their daily practice, and for persons interested in pursuing a career as professional tax advisors. The Graduate Tax Certificate Program offers 14 graduate-level courses on personal and busi- ness taxation. Each course is an independent unit designed to provide in-depth knowledge of a specific subject. All courses will be taught over eight-week terms by highly qualified tax practitioners drawn from the legal and accounting professions. and Procedure; Tax Research and Ethics; Tax Shelters; Taxation of Partnerships and Partners, and Taxation of X-Corporations and Their Share- 1 Registration for the spring April 22, must be completed no later than March 15. The sponsoring Institute for Tax Studies is a branch of the UB School of Management. A program brochure may be obtained by contacting Carolyn Shadle, program administrator, at 108 Jacobs Management Center, State University at Buffalo, Amherst, NY 14260. Phone numbers are (716) 636-3203 or 831 7 sggoo PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION 9 Days 2151. Taxation I; > Does it Better, Faster for Less! , I Resumes Professionally I Typeset A Printed I Briefs A Writing J Samphß Copied ALSO: i j . Posters •• Flyers •• Brochures Bus. Cards • Letterheads • Envelopes • Tickets 1678N.F. Blvd. Amherst 834-7046 0 * TRIP2 -DATES9 * March . March March 9-March 16 I 1 • FORT LAUDERDALE BOOK EARLY! iifi rfK) 7 Nights "T-- "' * - -- »■■■■■•■■■»«»«»—.«-._...y r -,rn lrrn WVI/ Limited Hotel Space in F i Lauderdale and DaVtona Be3Ch [*£jTT TOUR RATE INCLUDES" „jW IIIJI I 1 3171 Main St. Buffalo 6 835-0100 ■J j Q ~ IV rx SPRING BREAK term, which begins Opinion February 27,1985 10 Copyright © 1977 BuffaloLaw fWvfvw holders. undergraduate college degree and must have completed a basic tax course or received equivalent tax training. The 14 courses available: Accounting PeViods, Methods and Estimated Tax; Affiliated Corporations; Corporate Income Taxation I; Corporate Income Taxation II; Executive Compensation, Pension and Profit-Sharing Plans; Fiduciary, Estate and Gift Taxation; New York State Taxa- Also Property ©Reprinted from Buffalo Law Review Volume 26, Number 2 COLLEGE Property Taxation II; Tax Practice To receive certification, participants must satisfactorily complete at least nine courses in the program. Courses also may be taken individually. Applicants must possess an tion. Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto Current System Confuses Employers, Hurts Students Furthermore, I believe that the ■ -•* ,>& fcfe mpvA nriji,■ 252-02 Northern Boulevard New York City Long Island 718-631-3800 516-2220155 •Round Trip Transportation vfaarcondfUoned-lavatorv DaytonB Beach and Ft • Convenient Departure ilia,, mmi Mi • Neck, New York 1i307~ • Little Westchester New' 914-997-0140 Jersey XUoZIM �Pudge's Corner: CliffBarney's Health Spa Saga: Part II After work, I rushed right home to pack my gym bag. I had bought new shorts to go with my Fred Perry shirt. I also brought along socks, underwear, and all — central processing center." soon as I walked in. Chuck was all over me. "Hey, Cliff, what do you say! How's it going, my man?? What you been up to?" "Not much; okay; not much. I'm ready to get active." "First we have to take care of it'll only a few clerical items take a few minutes." He walked me over to a back door. Beyond it, no doubt, was the back room. I was tingling with excitement. The door opened. It was pretty dark, and I couldn't see anything yet. Then I felt a soft hand grab on to mine. Somewhere in the distance I heard Chuck say he'd see me later. A few moments later I was directed to what I thought was a bed; but it was a chair. I certainly was in the dark. Just then, the lights flicked on. "There! I couldn'tfindtheswitch! Ha-ha! Hi! My name is Melissa. What's yours?" This girl made Scandy look like Phyllis Diller. "Uh, my name my name is Chu- no, it's Barney. Cliff Barney." "My, what an interesting — — name." "For a rather interesting man, I might add." "You might, you might." I took a look around. "Don't mind my asking —what is this place?" "Scandinavian Health, Inc. a total life program for " "No I mean this room, this — — — — Free Thought/: Bright Ideas by A.D. Stewart "What's so bad about that?" I thought she had me for a fool. "Well, for one thing, it's in Finland." Did anybody notice the packs of first year students on the main floor of the law library on the weekend of the 9th and 10th? There were more research and writing students per square foot than law books! I don't want to say that things got a little out of hand, but as I was walking in the hallway, I saw Marlon Perkins, Jim Fowler and a camera crew approaching the library. Needless to say, Jim was in the lead... Just so I don't catch flak later on, I am stating here and now that I am declaring a moratorium on the giving of wedding gifts until I've had a (paying) job for at least a year! With all of my friends conspiring to enter the bond of matrimony (or deathgrip if you prefer), I find myself taking out student loans to pay for stag parties and gifts. If you want the institution of marriage, that's all right. You can be institutional- It was closed. I spoke to the at- # She took my picture, asked me a few personal questions, and led me back to the locker room. I changed into my outfit and was ready to hit the exercise floor hard. A friendly man at the next locker struck up a conversation. He was the kind of guy who al- ways goes to the spa alone. "Hey, mister, ain't you gonna lock your locker?" "Gee, I guess I yeah, you're right. Only this is my first time, and I didn't know I had to bring one." "Well, that ain't too smart. Why, just yestiddy somebody forgot to lock his lock what do you think happened?" I thought he'd just tell me, but he paused. "They stole his wallet?" "Nope they took his lock." After that story I wasn't particularly concerned. But just as a precaution, I waited until he turned around before taking my watch off and placing it in my shoe at the bottom of the locker. Now I was ready to hit the floor. Chuck nabbed me right away. "Barney uh. Cliff, c'mere. You want to take advantage of the situation. Why don't you let one of our professionals provide you with a computerized analysis of your well-being?" Without waiting for an answer, he marched me off to a small room. Melissa — — — was there. "Now that you know me, you can call me Misty ... So what made you join our club?" "I, uh, was having trouble climbing the stairs." "Shortness of breath?" "No a loose heel." She tilted her head back and laughed as if on cue. It was obvious at least to me that this girl was crazy about me. — — — — Misty stretches out before her workmit ut the Scamltminiun Health Cluh. She took my blood pressure and other assorted measure- "Yeah, she does. Everybody knows her. Her name is ments. Despite my urge to hit the Dorianne, but we call her Queen floor the exercise floor, that is of the Bent-Over Rows." Misty assured me that I should "Queen of the 8.0.'5. That's a begin with that fiend called the great name. Do you know her Life-Cycle so that my appropriate well?" level could be ascertained. She "Nobody knows her well. She said that nothing would make my don't let you." level rise faster than that Life"We'll see about that..." I Cycle. watched her for quite a while. She pressed some buttons and Not once did she look up at me. told me to start pedalling. "I said I could see she was playing hardstart pedalling." to-get. After a few minutes I was "The pedals must be stuck." panting pretty hard from the Again she laughed that childish Cycle, mean. Chuck came over. I laugh. you seem out of "Hey "No Cliff. Here, now try." The breath do you eat a lot of pedals slowly began to turn. She french fries?" told me to pedal forfive minutes. Wow, I thought; this guy must It was pretty tough going. I tried have ESP. "Yes, I do tons of to get my mind off her I mean them. I have them with every off it by looking around the room. meal." There were all kinds of people in "That's what I figured. After there. Young, old, all shapes and this last minute on the Cycle, why sizes. That girl I saw last time was don't you talk with our profestherein front of the mirror again sional dietitian." the one who did bent-over After the minute, he wheeled me rows with one-twenty. Now she overto another office. I wentin. was doing dumbbell curls with "Hi! I thought I'd see you again forty-five. Just then a guy about today." It was Misty. my age got onto the cycle next "You sure are trained to do a to mine. He looked like an okay lot of things ..." She put me on guy. I started. a dietthat would make me disap"Boy, look at that girl go. She pear in about a month. She really hits the exercise floor showed me charts and diagrams. hard." I guess she got to me just in time — — — ...— — — — comfortable, so I hurried. I couldn'tfind my watch. "Anybody see a watch laying around? A watch?" Nobody answered. Finally a guy who looked to be 93 spoke. "You didn't forget to lock your locker, did you?" "Well, I guess I did." He made some noise that is a sign ofdisapproval. I walked to the lobby where I saw Chuck. "Guess what happened somebody took my watch." "Where did you leave it?" "Nowhere in my locker." "Was it ?" "No, it wasn't." "Well, that's the breaks." "Is there a lost and found." "Hold on." He turned to the desk. "Hey Misty—anybody turn in a watch?" A voice yelled back — —— "No." "Well, I have another one at home. But you better be careful about your watch too. Chuck, because mine looked exactly like yours." He took it off and put it in his pocket. To be continued... To: All SBA funded organizations ized all you want, but don't look at me to bankrupt myself so that your kitchens can have all the modern conveniences. In short, be glad to get a Hallmark... Did anybody notice that it's quicker to park on the Main Street Campus and walk to the law school than to try to get a parking spot on Amherst. (Or is the number of handicapped drivers really increasing?) I don't want to get crucified by the S.B.A. or The Opinion people, but I think 'an S.B.A. Resolution is called for (if it's not declaredultra vires by some Capen deskjockey) "Resolved That the S.B.A. is in favor of parking ramps and donates $200 as a sign of support to the building thereof." I know $200 won't go far, but at least it can get some more of those fine, income-generating parking meters that are currently strategically located in the lot closest to O'Brian. The revenues therefrom should pay for the rest... — tendant. He assured me that in the interests of cleanliness, every three days they turn it off. "Why is that?" "We don't want you sitting in old, stale steam. We like to air it out and fill it with new steam." These people really did give a darn about the customer. I guess the regular attendant wasn't there today the person, airing it out was Misty. "I went back to my locker. The shower felt great. I noticed Chuck walking by. "Hey Chuck, where do I get the towels?" "Towels? I never said we provide towels, did I?" "Well, I just assumed ..." "Sorry." I dried myself off with my sweaty shirt. It worked better than I thought, but I did get some funny looks from the other people. They made me feel un- — — . room." "Oh. This is the back room ID Processing Center. Since you've wisely elected the YIP package after meeting the necessary criteria you get to be processed right here, at a terrific savings." I was truly disillusioned. "But thought this was what terrific I — — members second-class members have to go to the main the necessary toiletries, including my new Norelco tripleheader and Aramis travel kit. As I pulled into the parking lot of the Scandinavian, I noticed that it was fairly crowded. As back by the looks of things, I probably didn't have too much longer to live. After acknowledging that she had saved my life, I decided to hit the steam room. I was ready to really relax. "Sure you did. But because of Our limited equipment, we only process VlP's here. All other PART TWO — — savings? I paid a $90 fee for processing and ID. I don't get it." by Pudge Meyer — RE: Compliance with By-Law 13 of the SBA By-Laws and current office holders By-Law 13requires that "All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: a representative to one SBA meeting In the Fall of each (before November 1), and in the Spring (before April 1) year school to report on the group's activities and plans. 1) send 2) publish a letter describing the club's activities and plans in the Law School newspaper, The Opinion, after October 15th and before March 15th, of each school year. 3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-Law is designed to encourage an increased awareness of the rich variety of activities within the Law school community. Organizations which do not meet all of the above requirements at the discretion may have their charter(s) revoked, and may be denied future funding." of the SBA Board of Directors — — February 27,1985 Opinion 11 �BAR/BRI announces CPLR COURSE with Irving Younger videotape dates: Sunday, March 17, 1985 12-6 12-6 Sunday, March 24,1985 Sunday, April 13, 1985 12-6 — — — Rm. 106 Rm. 106 Rm. 106 COST: $95.00 Sign up at the BAR/BRI table on the First Floor. M 40! Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 BAR/BRI MPRE Review Course pm — 12-6 — 5-.11 pm Sunday, March 10,1985 Tuesday, March 12,1985 . Rm. 109 Rm. 109 COST $75.00 (payable toward the full price of your BAR/BRI bar review course) Sign up at the BAR/BRI table by Friday, March 1,1985. / /pv f\\ I Ifs3klkmm\\ ea\f\aW II I I IV mW 401 Seventh Avenue, Suite 62 --° New York's Number One Bar Review. Opinion February 27,1986 12 New York N Y 1 001 ( 212 ) 594-3696 (516)542-1030 (914)684-0807 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-02-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/27/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:53:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f9a37a5308b1ea54849f0b9626b754d0.pdf 8018d2bd1b8b96dd87e4bec569f7b8a3 PDF Text Text THE OPINION Vol. 25 No 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 13, 1985 Trio Lauded for Best Moot Court Brief by Victor R. Siclari During the weekend of February 27 to March 2, 1985, U/B Law School was represented by a three-member team in the eighth annual J. Braxton Craven Moot Court Competition held at the University of North Carolina, Chapel Hill, North Carolina. The team competed as finalists and received Honors for Best Brief. The threemembers competing in this prestigious national constitutional law competition, named after a fourth circuit federal court of appeals justice who died in 1977, were Richard Gottlieb, Ed Markarian and Mark Mulholland. As recognition for their successful performance in this competition, the team received two large plaques, which they have donated to U/B Law School. In addition, each team member received a two-vo]ume set of legal practice'text. Federal Lawyer's Manual, which will be updated free of charge, fpr their Best Brief Honors, and a two-vol- ume legal text. Legal Checklist, as finalists. The problem in the Competition was centered around thefollowing facts. A recognized homosexual leader in a community with a large homosexual population was accused of murdering a woman. The only eyewitness to the murderwas incapacitated at the time of the crime and could only remember the killer's hair color. However, when under hypnosis, he gave a complete description of the murderer, one that tended to vindicate the defendent. The problem then focused on two issues. The first issue was whether the defendant's Sixth Amendement right to present a defense entitled him to use the eyewitness's hypnotically-induced testimony. The second issue was whethertheState (pro- secution) could use its peremptory challenges in a voir dire examination to exclude an entire group (homosexuals) from serving on the petit jury. In this case, the prosecutor requested any of the prospective jurors who were homosexuals to identify them- Law Students Seek Non-Profit Bookstore by Robert C. Lehrman The University Bookstore is too expensive and inconvenient, two first-year law students said, and they intend to change that. Steve Cohen and John Harris have spent the past few weeks planning to launch a cooperative bookstore to be run out of the law school. Their first step has been soliciting support from the law school faculty. In response to a questionnaire sent out by Cohen and Harris, many professors have complained of problems with the bookstore. Their complaints are similar to those made by Cohen and Harris. Books Are Marked Up 20% John Feuerborn, Regional Manager of Follett's Bookstores, which runs the University Bookstore, said the average markup on law textbooks is 20 percent. He said he doesn'tknow of any retail store where the books can be bought at a lower price. Cohen and Harris think a 20 percent markup is too much, and that they can sell books for less than Follett's.They wouldrun the store on a non-profitbasis, using volunteers to do the work. Harris said they would enlist volunteers by appealing to the desire of students for lower prices. Jan Eshelman, Textbook Manager at the University Bookstore, viewed the feasibility of a cooperative bookstore with skepticism. She said such expenses as returning unsold booksvia the United Parcel Service make a 20 percent markup necessary. Follett's Claims Exclusive Right Another problem with establishing a cooperative bookstore will be Follett's exclusive right to sell books on the Amherst campus. Feuerborn said the Univer- sity Bookstore has an exclusive contract with the UB Foundation. Harris said he thinks that with the support of the law school faculty selves. Eight of the forty-five people identified themselves as homosexuals, and after individual questioning, the prosecutor used his peremptory challenges to excuse all eight homosexuals. The U/B Law School team was one of three New York schools to compete in the quarter finals, the two others being Fordham Law School and Brooklyn Law School. Although their brief was on behalfof the petitioner/defendant, they argued off-brief (on behalfof therespondent/state) in the finals in front of a panel of judges which was composed of Mtmt Couriers: Richard Gottlieb. Mark Mulholland, and Ed Markarian a former chief judge of the Pennsylvania Supreme Court, a fourth federal circuit court judge and a fifth federal circuit court judge. The team members from Suffolk University Law School of Boston, Massachusetts were the winners of the competition and also received first and second best oralist awards. Cincinnati Wins Mugel Tax by Victor R. Siclari On Saturday afternoon, March 9, University of Cincinnati Law School emerged victorious over Stetson University School of Law in the final round of the twelfth annual Albert R. Mugel Tax Moot Court Competition. The competition was established and is hosted by U/B Law School and is named after one of its professors, who is also a seniorpartner in the Buffalo firm of Jaeckle, Fleischmann & Mugel. Twenty-eight teams competed in the preliminary rounds on Thursday and Friday, March 7 and 8. The 19 law schools that sent teams were U/B (2 teams), Brooklyn (2), Syracuse, University of Cincinnati (2), University of Dayton (2), Ohio Northern University, Toledo College (2), University of Maine, John Marshall, Albany (2), New York Law School, American University, Stetson University (2), Emory, Suffolk University (2), Pepperdine (2), Seton Hall, University of Pittsburgh and University of De- quarterfinals were from lem dealt with the issues of deBrooklyn, Syracuse, Albany, preciation and basis in a Clifford John Marshall, Emory, U/B, Cin- Trust, established following a dicinnati and Stetson. These teams vorce, where the income from were selected based on the brief the trust was derived from an and oral presentation scores.The intrafamily sale and leaseback. Awards for the competition team with the highest scores were given out Saturday night at went on-brief. Last year, both U/B and Emory a banquet held at the Holiday Inn Niagara Falls Boulevard, had teams that competed against on each other in thefinals. However, Amherst. Best Brief went to the this year, the two schools were first place team. University of the eliminated in the semi-finals. In the finals, the team from Stetson (St. University Petersburg, Florida) was petitioner arguing off-brief against University of Cincinnati, respondent arguing on-brief. The two teams argued before a distinguished panel of five judges: U/B Law Professor Louis A. DelCotto; Judge Charles Clapp 11, U.S. Tax Court, Cincinnati. The school's other team tied with Emory University (Atlanta) for Second Best Brief. There was also a tie for the Fourth Best Brief between AlJohn Marshall bany and (Chicago). Mary Aramini, director of U/B's Desmond Moot Court Board, said our own team of problem can be avoided. Schop and Garas was sixth best Books Were Delayed brief, although no award is given Three Weeks Washington, D.C.; Judge John for this. However, the team did Aside from high prices, Cohen for placing in Pajak, Special Trial Judge for receive a certificate and Harris' other complaint with Also, Stephen J. the semi-finals. U.S. Tax Court, Washington, Follettzs was the inconvenience an award for D.C.; Agatha Vorsanger, IRS Re- Schop received based they encountered when their Third-Best Oralist on his gional Counsel, Washington, torts and property books were preliminary oral scores. Winning D.C.; and JohnWhite, IRSDistrict unavailable during the first three the award for Best Oralist was Counsel, Buffalo. The namesake troit. weeks of this semester. "StuPaula A. Campbell (Suffolk); SecU/B had three teams vying for of the competition, U/B Law Prodents have a legitimate expectaond-BestOralist was Russell Ellis fessor Mugel, suddenly canceltion that books will be available placement in the national com(Stetson); Fourth-Best Artille at the beginning of a course," petition. The team of David Cass led out as a judge because he Oralist was Pamela Conger (Tofor was of the going and was out town Damon DeCastro elimiCohen said. "Time is the most ledo), and Fifth-Best Oralist was whole weekend. nated during the in-school comprecious commodity a law stuA. Divecchio (Dayton). Elizabeth The problem, written by U/B dent has. I won't have my study petition, the team of Paul Aramini said, "The attorneys schedule dictated by the McGrath and Steve Markbreiter Law ProfessorKenneth Joyce, in- have been very supportive. They volved section 1041 of the IRS was eliminatedafter the prelimibookstore bureaucracy." have come from Buffalo, New Code, a new section passed by Law professors Betty Mensch nary rounds of the national comCity, Rochester, Cleveland York and Nan Freeman said they sent petition, and only the team of Congress last summer. The sec- and Washingotn, D.C. to judge tion a statute non-recognition is in their orders for the torts and Steve Schop and John Garas was the competition. Many of the and redefines transfers of propproperty books before the able to make it to the quarterjudges were U/B alumni. Most erty incident to divorces, treating bookstore's deadline. Eshel- finals. paid their own expenses." She probthe transfers as gifts. The The eight teams that entered man's records, however, indiwanted to thank all of them for cated that both Mensch and I. Referendum on Student Activity Fee theirtime and participation in the Freeman's orders were dated 33 Aramini also competition. A. That the Student Activity Fee be manda days after the November 15,1984 wanted to thank fellow Executive law toryfor all students. 258 deadline. Then, from the datethe Board members Steven BerB. That the Student Activity Fee be voluntary book orders were typed, it took kowitz, Emily Kern and Ed Markafor all law students. 117 another 41 days before the bookrian, as well as all the other Moot store received them. Neither Court Board members who 11. Referendum on ONE DOLLAR increase of Mensch's secretary nor Eshelthe Student Activity Fee (per semester) helped out. "A lot of people put man can acount for the disthis together," said Aramini. The SBA Finance Committee has just comcrepancies. "This was training for the secinstudy finding a that a one dollar pleted If complications prevent book students. Next year, ond-year crease in the student activity fee per semester sales from being transferred to they will run the Desmond." Bernecessary during the next four years. be will the law school, Cohen and Harris kowitz added, "It was a well-run Do you support this increase? may be satisfied nonetheless. competition. The problem was "Our goal is to assure, by whatA. Yes 250 B. No 121 challenging, yet very interestever means necessary, that stuing." Grading System of the HI. Opinion dents get theirbooks on timeand For anyone who missed the Are you satisfiedwiththe current grading sysat a fair price," Cohen said. "It's final round on Saturday, it was worth the effort now to ensure tem? videotaped and can be viewed in that for the next two years I'll be the A.V. Department, fifth floor No 153 Yes 218 able to get my books on time." of the Library. and administration, the contract �Volume 25 No. 11 March 13, 1985 Editor-in-Chief: Robbed M. Cozzie Managing Editor: VictorR.Siclari NewsEditor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: JohnK. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O'Connor, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Alan D. Stewart, Tony Torres. © Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profitorganization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial FSA Profits at Expense of Law Library , Community This research paper is due at five o'clock but I need to make a copy of it for a writing sample. Oh shit, the change machine is out of service again. Hey, wanna go get a cup of coffee? Sure, just let me change this dollar first. Dammit, don't they ever fill this f-king machine! Sound familiar? Well, the next time it happens, don't take it out on the law library staff. It really isn't their fault. The problem rests with thefinancial underpinnings of the University Administration. The installation of a new change machine(s) would cost the Law Library approximately eighteen hundred dollars ($1,800) for each machine requested. In addition, the Faculty Student Association (FSA) charges the library twenty dollars ($20.00) per machine to fill them three days a week (Monday, Wednesday and Friday). The library must finance these costs through the money it generates in the use of its copy machines. The library receives no funding from the Faculty Student Association for the operation of the coin machines. Ironically, a significant percentage of change from the Law Library change machine is used to purchase items from the vending machines located in the second floor annex across from the Law Library. Common sense tells you that one dollar of change can make twenty copies, but only buys four cups of coffee or 2V2 snacks. Needless to say, more people will spend the dollar quicker on the snacks than on photocopies. Yet, the library does not share in the profits from these vending machines. All monies derived from the machines belong to the vending branch of the FSA. Despite the proximity of the snack vending machines to the library change machine, the refusal of the Baldy-O'Brian Satellite to give change without purchase, the constant use of the Law Library change machine, and the ever-present empty coffee cups and potato chip bags in the library study carrels, the Law Library does not share in any of the revenues collected from the food vending machines. Every law student realizes these factors, taken in the totality, indicate a causal connection between the use of the Law Library coin machines and the profits produced by the FSA-operated snack machines. Perhaps one method of resolving this "injustice" would be to have the FSA install and service an additional coin machine in the library free of charge. A less drastic alternative would be an agreement for profitsharing between the Law Library and the FSA regarding the second floor vending machines with the library receiving 10%-25% of the income derived from the machines. This way, the Law Library could raise the necessary funds itself for the addition of a new change machine(s). A final proposal which would help the students, without financially burdening the library, would be to have the FSA service the present machine seven (7) days per week at the currently billed rate of twenty dollars ($20.00) per week. While this problem may seem "minor" or "trivial" to the University Administration, arbitrary dismissal of such complaints reflect a lack ofawareness and concern for the Law School. Often, lawyers from the community come in to use our library resources on the weekend and are unable to photocopy necessary materials for case preparation due to the heavy usage of the change machine and lack of service on the weekend. To be a viable part of the University community, and to enhance its own image among other law schools throughout the nation, this law school should be treated with the respect not merely as "just its national ranking accords it another building on the Spine." — 2 Opinion March 13,1985 More Change Machines? To the Editor: / thought you might be interested in my response to one of the law students whose signed, written complaint reads as follows: Why not put in another change machine? I have been here every day for a week and have not once been able to get change her.c or at Lockwood. My response is appended. I am sorry to hear that you were so poorly served by the University Libraries change ma- chines last week. The machines are refilled every Monday, Wednesday, and Friday morning. As you observed, this schedule is not sufficient to provide a steady stream of change daily and through the weekend. The machines also break down from time to time, adding to the general aggravation of those seeking change. You asked us to put in another change machine. The financial realities of these machines are as follows. The University Libraries pays about $1800 for each machine. For refilling each machine the Faculty Student As- sociation charges University Libraries $20 per week per machine. The machines just exchange money; they don't make any profit for the libraries. Library photocopier revenue at present covers the costs and service charges for the change machines. Revenue from the photocopiers would not support the costs and service charges for additional machines. Why not? Consider that a lot of change from the change machines does not go into the library photocopiers as originally was intended. Rather the change goes into vending machines, pay telephones, and metro bus coin boxes. Reasona- bly enough, University Libraries reis reluctant to use its scarce sources to further support a service with so many non-Library beneficiaries. As I understand the position of the University Libraries administration, there is agreement with you that additional machines are desirable. However, the University Libraries administration maintains that it is only fair for the vending division of the Faculty Student Association by Lisa M. Roy issue of student organization dues charging. The matter had been referred to the Rules Committee last semester. The Rules Committee had found no specific guidance in the SBA Constitution except for the fact that membership to the SBA is conferred upon all full- and parttime law students. Thus, the committee recommended that all organizations chartered bythe SBA should confer membership to all law students without charg- ing dues. P.A.D., represented by its Chief Justice Rich Murphy, was the only organization to attend the meeting. P.A.D. charges a $5.00 local membership fee each semester along with a separate one-time $45.00 national membership fee. Murphy explained that members of P.A.D. agree with the dues charging and that P.A.D. does not actively dog members to pay their dues. Of the 180 members approximately half have paid the $5.00 fee. Murphy explained that P.A.D. needs this reliable cash flow since their line from SBA is small. The dues money is used to fund activities not open to the student body such as P.A.D. receptions and the Volunteer Lawyers Program. SBA defeated the Rules Committee proposal 10 to 4. Most members approved of P.A.D.'s ability to raise revenue from al- tional machines and their associated service charges. Having heard this long story, you may wish to convey your opinion on this matte to Dr. John F. Naylor, Interim Director of the University Libraries, 433 Capen Hall. Very truly yours, Ellen M. Gibson Director of the Law Library Associate Dean for Legal Information Services Students Speak Out to Salvage Lounge To Dean Headrick: We are concerned about the proposal which has been made to convert the fourth floor Student Lounge into secretarial space in order to make available more faculty offices.We find this proposal an unacceptable solution to the inadequate amount of office space in O'Brian Hall. For a school consisting of approximately 800 students, two student lounges barely provide enough space to serve the needs of the student population. As it now stands, the first floor lounge is primarily used for various orThis ganizational meetings. leaves the lounge on the fourth floor as the only lounge accessible to all students at any time. With time, this lounge has become a place of study for those students who smoke. It is the only place a student can study, smoke and/or eat at the same time. Furthermore, the lounge is a place where students, smokers and non-smokers alike, can freely discuss academic, as well as other issues while studying. Due to the number of people who utilize the fourth floor SBA Decides Not to Outlaw P.A.D. Dues The SBA Directors met last Sunday, March 3 to debate the to pick up the costs of the addi- ternative sources. Directors felt that dues charging could be con- trolled indirectly by reconsidering the charters of organizations which charge gross fees. lounge, as well as organizations which reserve the first floor lounge for meetings, one student lounge is inadequate to meet the needs of the law school student body. In addition to our substantive objections to the plans, we are disturbed by the fact that these plans came to our attention solely because some studentsinadvertently overheard discussion of the plans by several secretaries and Assistant Dean Schlegel on two separate occasions. As the group(s) most adversely affected by such a change, we find it unfair that we have had no opportunity to express our concerns about the space, and disillusioning that the administration seems to care little about the needs of the students. We believe that alternatives must be explored and that the needs and concerns of the students be a.ddressed. We will expect a response within the next five busienss days, addressed to the Student Bar Association. Student Bar Association Association ofWomen Law Students Black Law Students Association Buffalo Mediation Service Buffalo Law Review Buffalo Public Interest Law Program Buffalo Society of Labor Relations Center for Public Interest Law Gay Law Students Organization International Law Society LANALSA Moot Court Board National Lawyers Guild The Opinion Arthur, Whelan at Jaeckle Box Lunch Our initial sessions of the the county's comptroller. In spring semester have focused on doing so, he shed some light on two persons who are in the fore- the county's current fiscal crisis. front in the discussions on the As an alumni ofU.B. Law School, upcoming mayoral campaign in Mr. Whelan's success not only the City of Buffalo. reflects well upon the school but At our first gathering, George makes him an excellent example K. Arthur, President of Buffalo's of someone who is using his Common Council, discussed, legal education to the best adwith a great amount of candor, vantage outside the realm of such economic developments as legal practice. Congressman Henry Nowak is the Hyatt Regency, the Trafalmadore Cafe, and the proposed scheduledfor our third luncheon waterfrontcomplex and baseball on March 11. It is possible that stadium. He also appraised the this may have to be postponed potential forfuture development if he is unable to escape the in the city. He displayed a candid budget hearings in Congress. style and shrewd political sense Hopefully, he will be here to disthat might make him a formidable cuss his many-faceted role as a candidatefor the Mayor's office. member of the U.S. House of Robert G. Whelan, Comptroller Representatives. of the City of Buffalo, joined us The schedule for April's lunchon February 26 and drew the eon is just as promising. On April largest number of students yet. 10 (Wednesday) at 12:15 P.M., His excellent presentation focused on the methods he employs to resolve the many serious financial problems of this large northeastern city. He also highlighted the differences between the authority he enjoys as the city's comptroller and that of Commissioner Lillian Roberts from the New York Department of Labor will join us. All you administrative law and labor law buffs come and interact with a real life administrator and shaper of policy I continued on page 9 �Meanderings: Some Aimless Wanderings in the Land of Oz by Andy H. Viets As we approach the midpoint of yet another semester, in this, the Land of Oz (Schlegel does — have one thing right we are definitely not in Kansas anymore), it is time to sit back and take stock of our surroundings. Having personally spent most of the last eight weeks (time certainly does fly, doesn't it?) meandering aimlessly about, perhaps there is no one less qualified than myself to make some general observations concerning the state of nature here in O'Brian Hall. So down the yellow brick road we g0... — 1) The DeanSearch Committee In the last edition of the finest newspaper in all ofWestern New York (The Opinion), it was re- ported that this committee is not moving particularly swiftly in carrying out its appointed task. It seems to me thatit might betime to call the search off. I mean, if they haven't been able to find Dean Headrick after all these months, it would seem doubtful that they're ever going to. 2) Linked For those of you who have tried to take a book out — Holtzman to Address Grads by Sara Ayer, Chairperson of Commencement Committee It's official! Elizabeth Holtzman will be the Keynote Speaker at the 96th Law School Commencement. Ms. Holtzman is currently the District Attorney for Brooklyn. We are also in the process of choosing a student speaker. Anyone wishing to nominate himself or someone else should submit his name to the Dean's Office by Friday, March 15. The class will then vote on the nominated persons. The top three or four people will be interviewed by three members of the Commencement Committee and Deans Thomas E. Headrick and Vivian Garcia. A student speaker will be chosen by this Committee. While it is not absolutely necessary that a person submit a topic with his name, it would help the students in evaluating candidates. At the same time that the senior class votes for a student speaker, we will be picking a faculty speaker and selecting the persons to receive the faculty and staff awards. The voting will probably be during the week of March 18. If you haven't already done so, now is a good timeto makehotel reservations for your family for Commencement weekend. The graduation will be Sunday, May 19 at 9:00 a.m. in the Alumni Arena. We will have a reception afterwards on campus. Also, there will probably be a cocktail Which direction should the Supreme Court pursue in the coming years with regard to what are broadly labeled "civil rights"? This question will be the topic of a forum, sponsored by The Federalist Society, to be held Thursday, March 14 at 3:30 in O'Brian 106. Professor William Krystol of Harvard's Kennedy School of Government is the featured speaker. He will deliver an opening statement outlining his position on what the Supreme Court ought or ought not to dowith the civil rights cases it will be asked to hear in the next decade or so. Jacob Hyman, Professor of Law and former Dean of U/B Law School, will then briefly respond to Professor Krystol's statement. The final segment of the forum will be devoted to questions from the audience. Professor Krystol has a B.A. — — — has made a comeback album which contains a song entitled "Rock'n'Roll Girls." This song has a line which goes as follows: If I had my way, I'd shuffle off to Buffalo, Sitting by the lake, And watch theworldgo by. Obviously, J.F. was in a drug-induced state when he wrote this one. You might be able to ski off to Buffalo at this time of year, or perhaps even canoe, but shuffle? No way. In addition, since Lake Erie is frozen solid most of the year, it isn't likely that he's going to see much of anything go by on it. 5) Al Katz The man should be ashamed of himself. He is clearly dangerous and should not be allowed anywhere near a first-year class (and perhaps even nowhere near a law school). 6) Schlegel —Ditto. 7) The Fourth Floor Smoker's Lounge —Well, itlooks likeCommander Tom and his sidekick, Space Cadet John Henry, have reached into their old bag of tricks and are once again trying to pull a fast one on us. Only by way of some inadvertent eavesdropping has it come to the attention of the Student Bar Association that there is a nolonger-secret plan in the works to transform the above noted lounge into secretarial offices, j My guess is that the idea was to pull this caper sometime during the summer when no one would — be here to object. We snagged you this time, though, didn't we, Tommy-boy? 8) Women They should wear their hair loosely about — fcftiffe<*l their shoulders. — 9) Letters to the Editor In recent months The Opinion has received several letters which can be fairly described as nothing less than vicious personal attacks on the Editorial Board. Even though I am the Features Editor of this very open-minded newspaper (our motto: All the news that fits we print), I don't mind thisfor one minute. In fact, I thrive on it. My only complaint is that you people don't get personal enough. If you are going to get personal, at least mention me by name more than once. I just love seeing my name in print. 10) March — Did you know that this month has been designated National Frozen Food Month? Think aboutit—mothers and fathers get only one day, but frozenfoods get an entire month. The official symbol of this very special month is a penguin holding a knife and fork. It is that sort of thing which gives even more credence to those immortal words of the Soothsayer with which I will close: "Beware the ides of March." © party the night before. If you have not returned your graduation card to Admissions and Records, please do so. We need the names to make up the program for commencement. If you do not fill out your card, you might not be listed in the program. Finally, caps and gowns need to be ordered from the bookstore. The doctorate cap, gown and tassel will be $16.50 and the hood will be $17.75. These prices are forrental. You must go to the bookstore by April 1 to order your cap and gown. (NOTE: the bookstore will be closed March 28th and 29th for inventory.) More in the next issue. Noted Prof. to by Randy Donatelli ofthe libraryrecently, you understand the meaning of this word and all of the ugly and perverted connotations it carries with it. The only way you can borrow a book now is to first be linked to the computer system (Big Brother is alive and well here at U/B). While working in the library over the past month, I have come to realize thatthe linkage process is nothing less than a truly metaphyseal and morally degenerate experience, for both the linkee and the linker. I still get goosebumps when I link someone. One thing that I should not have done, though, was to link myself (the result was nothing to worry about just some minor internal damage). 3) Lake Amherst —lf you think things are bad in the library with all of the pipes bursting, you should have seen the street just around the blockfrom my apartment during the recent flooding. Some of the people there had to be evacuated in rowboats. There is nothing funny about this, it just serves as another illustration of why I am getting out of the Queen City this May and never coming back. I might have to contend with an earthquake sometime in the near future but at least I'll be warm and dry when it happens. Actually, I'm not too concerned with earthquakes. When the big one comes, California is not going to drop off into the Pacific everything east of the Sunshine State is going to fall into the Atlantic. 4) John Fogerty He, of Credence Clearwater Revival fame. Speak a. ■ and Ph.D. in political science from Harvard University and is a recognized expert in the area of courts and public policy. He is a contributing editorof both Benchmark and The American Spectator, and the author of numerous scholarly articles and book reviews. The Philadelphia Society, The Federalist Society For Law and Public Policy Studies, and The American Political Science Association are among the groups that Professor Krystol has delivered lectures to. In 1984, he testified on the "equal rights amendment and constitutional government" before theU.S. Senate Subcommittee on the Constitution. Theforum will not be conducted as a debate, but rather as a fairly informal exchange between two notad scholars. The Federalist Society urges students and faculty to come prepared with questions to ask the professors. HOFSTRA LAW SCHOOL SUMMER SESSIONS 1985 • SUMMER SESSION 1 May 20 to July 1 CREDITS COURSES Commercial Paper Conflicts of Law Criminal Procedure Debtor-Creditor Evidence Hdusing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS 3 3 4 3 4 Administrative Law Commercial Transactions Survey 2 of Individuals Labor Law Legal Issues in Public Education 3 4 3 3 3 Family Law Federal Estate and Gift Tax Federal Income Taxation 3 4 3 3 4 3 3 For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY SCHOOL OF LAW Hempstead, Long Island, New York 11550 Holslia Univereity is an equal educational opportunity institution March 13,1985 Opinion 3 �Students' Journey Reveals a "Free" Nicaragua by Paul W. Kullman A free society. A religious society. A partially sophisticated society. A society ravaged by war. These are just some of the phrases used by U/B law students Frank Resillez and George Terezakis when discussing their perceptions of Nicaragua. The two law students spent January 13-27traveling throughout the Central American hot spot as part of a 20-member group called Witness for Peace. Terezakis said the group was composed of priests, nuns, and other American civilians interested in discovering more about the problems behind the current unrest within the country. "There was even a former CIA agent in the group," Terezakis said. "His impression of the situation was thatthis wasn't a Marxist-Leninist state by any stretch of the imagination." Terezakis said the former CIA agent had spent 30 years working for the U.S. government analyzing the Soviet Union and its policies. "In an earlier interview with the Baltimore Sun he described Nicaragua as the America of his youth the America he grew up in during the Depression when people were working together to overcome obstacles," Terezakis said. Terezakis and Resillez, who were both making their first trip — to Nicaragua, said they knew they were going downtherewith certain preconceptions, some not unlike those ofthe former CIA agent; but they nevertheless tried to be objective in their analysis of the situation. According to Terezakis, he and Resillez had the opportunity to talk with many people while in Nicaragua, including government officials in the country's state and housing departments; the head of the Catholic Council of Bishops; and members of opposition trade unions. They also talked with numerous people on the streets, in parks, and in bars. "Some of our best research was done in bars where people are always relaxed," Terezakis said. And just what did the two law students learn from talking with all of these people during their two-week stay in Nicaragua? "My impression was that the people had no fear of discussing politics, how they felt about the Sandanistas, the Contras, and what they thought about the Reagan administration," Terezakis said, "They were very outspoken, and I myself was very surprised. They had no fear whatsoever to speak." Terezakis and Resillez said there was, however, a great fear throughout the country ofattacks by the various politically-based Contras. These Contras, according to Terezakis, are funded in part by the United States and are attempting to wrest control of the government from the Sandinistas. "These counter-revolutionary forces that are attacking the country are not popular at all," Resillez said. "This is because oftheirlevel of criminality. They go around raping and.torturing people and burning homes. They've really dealt a heavy blow to the Nicaraguan economy by efforts of sabotage and vandalism. Terezakis said, "Even the people who opposed the Sandinistas in the last election are, without exception, hostile to the Contras." In one story related to him during his visit, Resillez said several Contras walked up to a farmer tilling his fields and triedto take him prisoner because he was suspected of aiding the Sandinistas. The farmer resisted, telling theContras to shoot him because then his sons could at least bury him on his own land.The Contras proceeded to break both of the man's arms as his sons watched lion in covert aid to the Contras last year alone. Terezakis blamed part of Ni- caragua's civil strife on "political ideologues" within the Reagan administration who are not basing their decisions "on what the realities are" in Central American countries like Nicaragua. "Their are based on a bipolar independent countries with independent policies." Despite all this, Terezakis said the Nicaraguan people in general are still friendly towards Americans. Resillez agreed. "Being an American and realizing none of these people hated you was kind of surprising," Resillez said. "They justkept asking us why we views sending money to the Conkeep view of the world. "You're either tras. They wanted us to go back Union. pro-U.S., or pro-Soviet to the U.S. and tell the people They do not recognize there are what's going on down there." helplessly. "The people we talked to de- scribed the Contras as butchers and barbarians," Terezakis said. "They equate them with (former president Anatasio) Somoza's old national guard. They see no difference. In fact, the head of the FTN, one of the major Contra groups that our CIA is funding, was a formercolonel in Somoza's national guard." Resillez said that at no time did he or Terezakis hear anyone express any animosity towards the Sandanistas. Rather, all the signs, including the political graffiti, pointed to vehement feelings against the Contras, according to Photo by Victor Siclari Resillez. » Maintenance has taken time to post signs indicating an obvious deficiency Terezakis said that despite the of the third floor study ledge; however they have failed to correct even more obviousness of the situation, the obvious problems within the law school library, namely the broken water United States continues to sup- pipes and their resultant damage. port theContras. He alleged that the United States sent $14 mil- TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems off Basis By Louis A. Del Cotto Photos by Victor Siclui The Opinion received the above awards from the ABA 1984 Law School Newspaper Contest for recognition of outstanding efforts of law school journalists for the 1983-84 school year. The award for an editorial on internal law school affairs was written by former Managing Editor Ray Stilwell. The editorial, titled "Us and 'Them'," described how the overzealous advocacy that abounds in the law school by "them " has caused all of "us " to lose ourability to listen, to have compassion and to -reach compromises. The award for a feature article on substantive law was written by David H. Ealy. It detailed how former California Supreme Court Judge William P. Clark consistently sided with private enterprise at the expense of public land use benefit in his judicial position and warned that his replacement of James Watt as Secretaryof the Interior will be a continuation ofpro-business policies unhamperedby judicial constraints. 4 Opinion March 13,1986 ® Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright © 1«77 Buf(.lo Law RwMw �Record Review: Easton Goes Solo by Bradford P. Anderson CHANGE NO CHANGE ElliotEaston, Change NoChange, Elektra Records, Official Release Date: February 14, 1985. You may have never heard of Elliot Easton, but you've probably heard his guitar work. Easton is the lead guitarist of the Cars, and also was featured on PeterWolf's latestalbum. Change No Change is Easton'sfirst solo venture, and the album provides a refreshing change from some of the overplayed music on the radio. Elliot Easton, a native of New York City, has a diverse ability in musical talents. While some groups literally get "stuck in a rut" with allof theirsongs sounding like a clone of their first hit, this album is not plagued with such a problem. There are tunes ranging from hard rock to new wave to tender love ballads on Change No Change. The lyrics to the song "Tools Of Your Labor" have explicit references to prostitution. The music in this song exemplifies the entire album: well-structured and layered rhythm guitar with a few brief moments of wild and rambunctious electric lead guitar work. "Tools Of Your Labor" is one of the risque hard rock songs on the album. "Shayla is a quiet ballad, and it brings out the smooth and melodic qualities of Easton's vocals. He also wrote all of the lyrics on the album: "Shayla/you took some getting used to/I never knew what made you so illogical/ what motivates you to go/trade you for that silhouette/I'm the stranger that you don't know." The song "New For Me" reflects Easton's admiration for the roots of rock music, with its Beatle like sound. "Fight My Way Way To Love" is a very catchy tune with its syncopated beat and occasional synthesizer blasts. This song has ail the necessities to make it on the Billboard Magazine top 40 record chart. "I don't wanna go through this day today/you work hardand they end up making work of your play/l cannot fight my way to love/I cannot fight my way to care/I find emotions going over The Future of my head." There is no doubt that the Electra Record Company is going to undergo a big promotion of this album considering the great success that the company had with the latest Cars album. Heartbeat City, which produced five gold singles. Already the company has released an elaborate video of the song "Wearing Down Like A Wheel." The strongest point of this album is Elliot Easton's musical and lyrical creativity. There's never a boring moment. The album flows well and provides a great amount of musical diversity. The weakest point of thealbum is that there is not enough concentration on Easton's lead guitar playing. Too often his great guitar work is stuck at the end of the song as it fades out. It's as if some of the songs are over before they even begin, becasue of that key component of the lead guitar is greatly missed. Regardless of its weaknesses, Easton's album is well worth a listen because it is an excellent piece of musical production. Change No Change is not the first solo enterprise by a member of the Cars. In 1983, Richard Ocasek (leader of the Cars) released his first solo album, Beatitude, which had one big hit ("Something To GrabFor"). Keyboardist Greg Hawkes released an entirely instrumental album a year ago entitled Niagara Falls. Change No Change is not a musical panacea, but from the early sales success of this album, we can expect to hear more solo work from Elliot Easton in the future. At the time of publication, Easton's publicity manage said that plans have not yet been finalized for a concert tour. NLG Outlines Goals The Buffalo Chapter of the National Lawyers Guild is comparatively young. In 1974, Guild The Federalist Society presents importance to us. For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of tantamount im- members from across the country came to Buffalo to defend portance to law, but not covered prisoners accused of participatin the curriculum. ing in the 1971 Attica prison reThis fall our major project was bellion. In the process, a Guild a Labor Conference. This conferchapter was formed.After the Atence consisted of panel discustica trials ended, the chapter consions and workshops and was tinued. The Buffalo Guild strives to held in conjunction with other university community and provide a forum where all members of the legal community can groups. We also drafted and ratified a new Constitution. get to know one another and disWe are planning two film cuss political and legal issues of series for the spring. One will be on Human Rights issues and the other on Labor issues. The NLG is also working with the Gay Law Students Organization to look into the legality of JAG-Corp reDoes it Better, cruitment on an institution that Faster for Less! has an anti-discrimination policy in effect. Resumes Professionally Our most active ongoing proTypeset A Printed ject is our Prison Task Force. The Briefs Writing PTF teaches classes on legal reSamples Copied search and writing at Collins Correctional Facility. This semester ALSO: the PTF is teaching an advanced Posters course in legal research and writFlyers ing for the first time. Brochures Please stop by Room 118 Ticket* O'Brian for more information on Bus. Cards the Buffalo Law Student Chapter Letterheads of the National Lawyers Guild, or Envelopes contact one of the following members of our steering com1676 N.F. Blvd. 3171 Main St. Buffalo Hollie Levine, Isabel Amherst mittee 835-0100 Hartenberg, Alberta Benitez, Paul 834-7046 Wessel or Kirsten Hertz. * •• •• •• • Supreme Court Adjudication: A Threat to Civil Rights? A Forum with presentation by: Prof. William Kristol, Kennedy School of Government, Harvard University and response by: Prof. Jacob Hyman, Faculty of Law and Jurisprudence, State University of New York at Buffalo Thursday, March 14 3:30 P.M. O'Brian, Room 106 In the Public Interest Solicits Papers The 1985 issue of In the Public Interest: A Review of Law and Society is at the printer. In the Public Interest is devoted to the exploration of the impact of the law on people and, as the title suggests, society. It is dedicated to presenting articles which examine social, economic, political and historical contexts of the law. Rather than presenting strictly legal analysis, the journal provides a multi-discipline forum for the discussion of the public's legal intrests. We are presently soliciting articles for the 1986 edition. If you have written a paper (remember your seminars!), essay, article, manuscript, etc., that you would like to submit, contact Sharon Kivowitz (box 483) or Mark Katz (box 413). Also, if you would like to become a member of the editorial staff, look for signs announcing our next organizational meeting. Any and all questions or comments regarding In the Public Interest should be directed to the Center for Public Interest Law in room 118. ■ The Dale S. Margulis Award Dale S. Margulis, of the class of 1982, died suddenly in August 1982. To honor his memory, his classmates, family and friends established the Dale S. Margulis Award. This award is presented to that member of the graduating class who has contributed most to the Law School and the comnmunity. Candidates for the award are nominated by members of the graduating class, and the recipient is selected by the deans. Nominations should elaborate on the contributions made by the nominee and should be submitted to Marie McLeod in Room 312 by April 15. — March 13.1985 Opinion 5 �Gay Law Students Seek to Bridge Gaps by Brett Gilbert GLSO member The Gay Law Students Organization (GLSO) is a group open to all law students who share a concern about how this university, the legal profession, and society in general treats gay women and men. The recognition of the civil rights of gay people is an annoyingly slow process in this country, yet it is one which should be advanced with all deliberate speed. To this end, GLSO works toward the elimination of sexual preference or orientation as an acceptable category for social and legal discrimination. Ending centuries of discrimination is not an easy task and it often begins with very small steps. One might remember the 1950s and how difficult it was for blacks to remind white Americans that they too were members of this society. Similarly, a large part of the movement for the civil rights of gay people is spent informing our fellow citizens that there are some of us who are not being treated like they should be. This past semester, GLSO staffed a table at Orientation so new law studentswould become aware of our presence. Later we held an Open House so new members could meet with second and third year students. Thanks to these efforts, GLSO has been favored with an influx of new people. One of our most important tasks this year has been to organize and arrange for a course concerning Gay Rights and the Law to be taught in this law school. We are happy to announce that we have been very successful in this effort and the course should be offered next fall or spring semester. We would like to thankthose administrators who helped us with this project; your diligence is appreciated. Another project of ours has been to work with the Lawyer's Guild in our efforts to ban the Army's Judge Advocate General's office from recruiting in this law school. SUNYAB has a university-wide prohibition against discrimination, including Poetry Corner MR. LUCKY / found a dollar and got a seat on the bus, My car is 14 years old with no sign of rust. Mr. Lucky. Hey I'm The grades went up and I didn't get a 'D', How happy that made me, I must lead a charmed life. Buffalo is flooded, but my street is dry, Above the house is clear blue sky. I was born under a lucky star. I'll take my good fortune down to AC, Everyone there will want to know me. "Hey, you must be Mr. Lucky." MR. HAPPY GUY Turned over a new leaf this week, gonna give it a try, from now on my friends will know me as Mr. Happy Guy. I'm gonna smile a lot and dress real sharp even splash on some Chaps, Rejection letters won't bother me, I'll laugh at them perhaps. I'll leisurely sit in front of the library, happily drinking my grey machine coffee. You'll say to your chum when I go by, "There goes Mr. Happy Guy." Coming next issue: The Onion insert. Here's your chance to submit your best (or worst) humor or candid shots. Opinion March 13.1985 orientation, in all ofits sponsored programs.The JAG explicitly discriminates on the basis of age, physical handicap and sexual orientation. We believe that the university's facilities should not be made available to organizations (e.g., the Nazis, theKu Klux Klan, the JAG) who openly discriminate against vast segments of our population. Such discrimination is an affront to the spirit of equality which many of us hold so dear. The GLSO and the Lawyer's Guild is attempting to make the Career Development Office comply with this university-wide regulation. The GLSO has also been work- ing with the New York State Lesbian and Gay Conference in drafting a new child custody bill. Too many times in this state do we see devoted and competent ... by Victor J. D'Angelo 6 discrimination based on sexual parents being denied custody or visitation rights with their children simply because they are gay. Hopefully, with the aid ofthe Conference, we will soon see children being raised by parents who are loving, caring, devoted, and possibly also gay. In addition to the activities mentioned above, the GLSO is co-sponsoring a seminarentitled "Closing the Power Gap: A Political Skills Training Seminar" to be held on April 20. We also are planning to invite one or two speakers to talk about legal issues and civil rights, as well as holding another Open House before the year is over. Information on all events is posted in our office in 118 O'Brian Hall. Please feel free to stop in and ask about GLSO. We are here, in part, so that all people, gay or straight, might learn to feel comfortable with their sexuality, whatever that might be. TO: Law School Student Organizations RE: Use of Copier and Postage Meter At a recent staff meeting it was decided that access to the copier will be handled according to the following priorities in the order listed: 1. Secretarial staff and faculty have priority AT ALL TIMES! 2. Students copying for a secretary have sec- ond priority. 3. Students copying for faculty members have third priority. 4. Student organization copying can be done in between all others. If anyone is copying for a student organization, they must get off the copier for all of the above.' It was also decided that since some student organizations are allowed to have their mail posted by us and billed back to them that certain procedures must be followed. 1. The green "Federal Mail Posting Request" form should be filled out and left on the mail counter with mail to be posted (forms are next to the postage meter). 2. Mail to be sent out the next day MUST be in the mailroom by 3:30 the previous day. 3. Call the secretary who is responsible for mail that day (check mailroom schedule on the wall) and let her know there is mail to be posted. CDO Announcement .. — — FBI Informational Presentation Representatives from the Federal Bureau of Investigation will conduct an informational presentation on Thursday, March 14, at 10:00 and 11:00 a,m.. Room 212. Students are invited to stop by and learn about this career option available to them after graduation. Pick the session most conveniently timed for you. �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape location in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and the P.M. session given 6-1.0 pm. i Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. ■ < - Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 March 13.1985 Opinion 7 �More Paper, Less Trial Time for Litigators by Paul W. Kullman Law students planning a career in civil litigation practice should be prepared for an "absolutely enormous" amount of paperwork, and the probability of a "limited amount" of trial experience, according to four U/B Law School graduates currently in the field. The fourBuffalo attorneys presented their views of civil litigation practice during a panel discussion at 4 p.m. Wednesday, Feb. 20, in room 210 of O'Brian Hall. About 30 studentsattended the discussion, the first in a series of four such events to be jointly sponsored by the U/B Alumni Association and the Career Development Office. Panel moderator Joseph Makowski, an attorney with Albrecht, Maguire, Heffern & Gregg, said there are currently a number of misconceptions in law school about what litigators do. " Litigators are different from trial lawyers," he said. "Few cases ever go to trial. Because the courts are so clogged, it's difficult for a civil litigant to get his day in court." "There is an intense pressure put upon you by judgesto try and settle your case, so the work you've done often does not bear Despite the tedium of civil litigation practice, Makowski said he considers the field very interesting. "I find the variety of law involved very appealing. The dynamics of each case are different." Makowski said that to be a good litigator, one needs to possess a "strong sense of people." He then closed his introduction by adding that the goal of a litigator is to "get the best results you can for your client with the budget you've been provided." Sheryn C. Rogers, an attorney with Damon & Morey, rearticu- lated a number of Makowski's views. Being with a firm that specializes in insurance defense and medical malpractice litigation, Rogers said a "good portion" ofher work involves getting medical records together. "Getting expert witnesses together is another big part of the job," she added. Rogers said a typical week "will see you writing a lot of letters to a lot of people. You must keep your client appraised of the goings-on. It's good to keep your client actively involved in his or her own case." While Makowski and Rogers said their trial experience has been rather limited, Veronica Thomas said the New York State General's Office Attorney doesn't have the luxury of saying, "We'll settle." "We often have to go to trial," she said. "Within the attorney general's office, the responsibility is great and it's shifted on you right away." Thomas said her office does a lot of appellate work and that 40 percent of the caseload involves prison litigation. She adds that fruit. But you have to accept this if you're interested incivil litigation." Makowski went on tosay litigation was "analagous to an ice cube." "All the work you do is underneath, unseen," he said. "You sit in an office and think through conceptual problems and then mold them into a pleading. It's a lot of paperwork." Makowski said some of the other "paperwork" includes answering interrogatories, coding documents, and filing motions. 85 to 90 Dercent of her time is spent writing, which includes fil- ing motions, taking depositions, and putting together briefs. "The case lives and dies on the papers," she said. "If you like to do paperwork, if you like to write, you'll like litigation." Bruce Zeftel, an associate of Makowski's at Albrecht, Maguire, Heffern & Gregg, characterized his experience in civil litigation as "belligerent" and "contentious." "It's you do what you have to do," he said. "It's nasty work.. Everything is blood. It's very difficult." Zeftel, who specializes in commercial and corporate litigation, said that a litigator's case "never ends." "But that doesn't mean you work on it every day," he added. "You have to subdivide your brain into files. In three to four years, you can close one file. Meanwhile, many more have opened up." All the while, the paperwork continues to grow. "It's unbelievable," Zeftel said. Papers may sit on your desk for years and you wonder what purpose some of them ever had." Zeftel, who has tried 15 cases in a little less than two years, said Bruce Zeftel, an associate of Makowski's at Albrecht, Maguire, Heffern & Gregg, characterized his experience in civil litigation as "belligerent" and "contentious." "It's you do what you have to do," he said. "It's nasty owrk. Everything is blood. It's very difficult." Zeftel, who specializes in commercial and corporate litigation, said that a litigator's case "never ends." "But that doesn't mean you work on it every day," he added. "You have to subdivide your brain into files. In three to four years, you can close one file. Meanwhile, many more have opened up." All the while, the paperwork continues to grow. "It's unbelievable," Zeftel said. Papers may sit on your desk for years and you wonderwhat purpose some of them ever had." Zeftel, who has tried 15 cases in a little less than two years, said it's important to go in, try your case, do your best, and "whatever happens, happens. C'est la vie. You need to be able to go home and forget about your work," he said, although he admitted this is often a difficulttask for a civil litigator, especially for him. The next career panel discussion will focus on real estate practice and will be held at 3:30 p.m. today in room 210 of O'Brian Hall. Environmental Mediation on Rise by Rachel Roth, Environmental Law Society Environmental mediation is a relatively new method of resolving environmental disputes without placing additional burdens on our court system. With the mediator's assistance, the parties involved in a dispute explore and reconcile their differences, until they reach what they consider to be a workable solution. As of 1983,mediation hasbeen used in at least seventy cases, and appears to be less costly and time-consuming than litigation. The simplest mediated settlement might cost no more than $800 to $1,000, while the same case could cost thousands of dollars to settle in court. Proponents , PASS WITH PIEPER The Pieper seminar is now the hot bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? Don't take our word ask our alumni. — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 of mediationalso suggest that it can lead to the resolution of real issues that concern the involved parties, instead of focusing attention on procedural questions, as is the case in most environmental litigation. The most important benefit offered by mediation is that it leads to resolution of disputes, not postponement of a solution through drawn-out litigation. The first step in mediation is to identify the parties affected by the dispute, and choose their rep- resentatives. If all of the affected parties are not included in the mediation process, any decision reached may be impossible to implement because the uninvolved parties refuse to cooperate. On the other hand, for medi- ation to be feasible, the number of representatives should be limited to allow for meaningful discussion. The representatives must have sufficient power within their own group to make decisions that will bind the whole group. The next step is to determine the specific issues that are under dispute. Although it seems as if the issues shouldbe obvious, en- vironmental organizations often support or oppose projects on broad ideological grounds which aren't suited for mediation. Before the process can continue, the issues must be narrowed, and be put in terms of specific points of disagreement. The parties then come up with enough possible alternativesfor action to make room for compromise. k+OTO I — One source of information as to possible alternatives is the project's environmental impact statement, which is supposed to include alternatives to the proposed project. The parties to the negotiation process must then weigh and scale judgments about costs and benefits, and de- termine what each group is willing to trade. If all these steps can be reached, then bargains are made and implemented. Aids for implementation include legal and quasi-legal documents, such as contracts or administrative agreements. Every environmental dispute is not suited for mediation. It is much more likely to be successful if the dispute focuses on the allocation of local resources in a relatively small geographic area. Solutions are implemented more easily by local governments, and the issues involved are better defined. There must be a time limit for reaching an agreement, since mediation will not work if it is used as a stalling tactic. The dispute should have reached an impasse so that the need for mediation is obvious, and all parties feel it is a necessity. Each party must have enough power so that no one party can take unilateral action without the other parties taking legal action. The final require- ment involves the mediator, who must be seen as neutral and be accepted by all the parties. Mediation is not appropriate in every situation, but it is a viablealternative for many cases that are brought in the courts each year. WORD PROCESSING Your Future Can't Wait - TYPING Much Longer It's time to start preparing for your career after law school. Prototype can help you send your letters of application to prospective employers in law firms and corporations. Our computer technology provides custom-typed, professional quality cover letters and resumes at prices often lower than traditional typing services. Complete Editing Capability No need for retyping when editing drafts See Your Pieper Rep: s Joseph D. Coleman Penny Rubin Deborah M. Williams Joan Kenney Opinion March 13,1985 8 Richard Eric Gottlieb Richard Schaus Steve Wickmark IfcTypntyks & Symbols to Choose from Repetitive Worli at (educed Men Xeroxing, Printing, Bulk Mailing PriMed to Look like Typeset Of Typewritten Pick-Up All Work Guaranteed Cali Proto-Tvw * Delivery Available — 883-3348 Ail For Randy �How to Find a Public Interest Law Job • by Lionel Rigler, Graduate Assistant for Public Interest Careers Job opportunities in public interest/service organizations tend to arise more haphazardly and less frequently than in theprivate bar. Your job search, therefore, will require both persistence and patience. The public interest sector has contracted in the last few years and the high number of law graduates in the legal community generally has only increased the problems. However, in public interest/service organizations there is likely to be a higher turnover rate than in other areas of the law. There are public interest jobs available. It's just a matter of finding them. If you are committed to getting a public interest/service job, and you try hard enough, you'll find something. It is just a matter of time. Summer and permanent job searches should begin in the fall. Some government and large public interest/service agencies begin recruiting in the fall. Most smaller offices make hiring decisions in the spring. Therefore even if you haven't started looking you still have time for a successful job search, but you'll have to gear up quickly. The following are some points to keep in mind for your job search. Try to narrow your search. Some people think they have done a thorough job search if they have sent out hundreds of standardized letters and resumes. This is not the best approach since follow-up contact with hundreds of organizations will be nearly impossible. If you narrow your search and personalize each contact you will probably be more successful. Begin by determining your geographic preferences. Try to be as open as possible to other parts of the United States. Many positions are available outside major urban centers. Rural areas may appear unattractive, but that also means they may be less competitive and your chances of success will increase. In addition to being flexible, the most successful job seekers are those who have built a good contact base in an area before they begin their job search. Speak with people you know to establish personal contacts. The public interest/service bar is generally less formally structured than the private bar. Personal contact ("who you know") plays an important role in obtaining jobs. Talk with current and former employers, family, and friends to establish "ins" for organizations. Contacts that your fellow students may have can be discovered through the "Summer Job Survey" binder in Room 308. Talk to clinical instructors and professors, speakers attending programs held at the school, and members of professional organizations. The school's alumni can be very helpful; listings of those in themajor cities are available in the Career Development Office (CDO). Also, the Association ofWomenLaw Students has a listing of women alumni who have agreed to serve as contacts for students. A copy is available in theAWLS (Room 10) and CDO (Room 308) offices. Target your subject areas. Ask yourself some basic questions: Do I wantto do civil or criminal work? Do I want to work with individual clients or with broad legal issues? • • want to do litigation? If so, in what court(s)? Do my background and current interests lead me to any particular area of law (e.g., housing law, mental health law, women's issues)? What experience have I had paid or unpaid employment; community activity; academic coursework; clinical experience; or moot court experience which will prepare me Do I • • — — fortheworklwouldliketodo? Have I done everything I possi• bly can to enhance profes- and carefully written or typed. Avoid clumsy use of language, incorrect grammar and typing errors. The toneshould be self-confident and the focus specific. The letter should flesh out the resume without being repetitive. quires one to utilize a number of skills, many of which could have been learned in a non-law environment. Research and writing skills may have been honed by sweat- ing through history or political science papers. Interpersonal skiljs may have been gained through a job with a high degree of contact with the public, such as a salesperson or a social worker. An ability to interact well with co-workers and clients can be critically important in a job Highlight your experience and your strengths. Your letter should convey four specific pieces of information: Who you are. Establish your status and your goals, e.g., "I am with a high degree ofclient contact, such as legal services. A commitment to helping others can be reflected in extra-curricular activities (crisis counselor, NYPIRG volunteer) which lend credibility to your interest in a public interest/service career. job with organizations which Any proficiency you have with handle "hot" topics will gener- languages (especially Spanish) ally yield better results than a may be a critical factor in your random search. Good examples favor. Running student activities of these topics today are nuclear or involvement with a political the energy, environment, campaign may help one to gain women's rights, Hispanic issues, organizational skills. Highlight housing (tenant rights), rights of these abilities in your resume, the unemployed, and immigracover letter, and at your interview. Employers in the public intion. Civil rights groupsalso handle many higher profile topics. terest/service sector generally Research the field and target place less emphasis on grades employers by looking through than do private law firms. Howmaterials available in CDO ever, H'sand Q*'s in courses par(Rooms 308 and 309) and theLaw ticularly relevant to a given orLibrary's PJacement Shelf, referganization can be an added facence, and reserve collections. tor in your favor. (Refer to the "Public Interest BibResume The importance of a clear and liography," available in the CDO). concise resume cannot be unDetermine what your financial derestimated. Aside from the needs are. Some of the jobs that offerthe cover letter, the resume is the only initial contact you have with best experience, such as the U.S. You need a resume Attorney's Office or some of the an employer. ser"public/interest says that social action agencies, may offer organiall it since the vice" over only a small stipend or just be contacting will volunteer work, even for second zations you are hundreds probably receiving be year students. Many of these resumes a year. To make your jobs offer so much'opportunity of resume stand out highlight unique for experience and networking and relevant educationaland work they are worth the financial sacexperiences, and extracurricular rifice. You may want to consider activies. (If you are also interworking half-time and suppleviewing with the private bar, you menting your incomewith a nonmay want another version of your legal job that is well-paying. resume, highlighting those qualWhat Public Interest/Service ities you feel are most important Employers look for. to each type of employer). Public interest/service employReferences should be supplied ers, for the most part, look for to an employer rather than placmany in different qualifications ing the additional burden on him. ways from those valued by the This can be accomplished by listprivate bar. The following are ing your references' complete some of the qualities most imaddresses and phone numbers portant to public interest/service resume or developing a on the employers. separate reference sheet. Only First, organizations will look list those references you are sure students most favorably upon give you a favorable recomwill who have demonstrated a comand alert them to the mendation mitment to the public interest time period during which they area. This can be shown by an will likely be contacted. The established history of doingpub- number of references is up to lic interest work (paid or unpaid), you; one is probably not enough, or through clinical experience. five is probably too many. It has These experiences are valued been my experience that organibecause public interest organiza- zations place a higher value on tions generally do not have employer, rather than academic, enough time or money to train references. people from scratch. They prefer For additional suggestions on to hire students who have had format or content consult the some experience working with CDO's handout entitled "The people living at poverty levels or Resume." with any other "client" grouprel- Cover Letter evant to the organization's work. As with your resume, your At the U/B Law School the six cover letter should distinguish clinical programs are: Education you as much as possible from the Law; Family Law; Immigration other job-seekers. By doing Law; Bankruptcy Law; Legal some research on the work of Problems of the Elderly; and each organization you can make Housing Law. Take advantage of persuasive arguments about the clinics. They provide an ex- how much your experience can cellent opportunity to gain ex- contribute to its work. The more perience doing public interest/ "personalized" your letter is the service law. more it will stand out from the "standard" letter. volunemployment Previous Writing to an individual within teer work, and activities at undermake graduate school are the areas in an organization helps to your letteris not miscertain that most have seen students which I seriously short-chsnge them- placed or thrown out. The letter clearly thought out selves. The practice of law re- should be my sional credentials in the public interest area? When considering how to target your employment possibilitieskeep in mind that certain issue areas are expanding while others are tightening. Pursuing a a second-year student at the State University of New York at ■ - Buffalo LawSchool seeking mer employment." sum- Type ofjob you want and your qualifications for it. Describe your previous experience and explain how it and other factors (previous employment, clinical experience, and course work) make you an attractive candidate. Don't be shy about "selling" yourself. Why you want a job with this particular organization. Your reasons for being interested should be as specific and as persuasive as possible the reputation of the agency, your interest in the particular subject matter, or opportunities the position offers. Your suggestion regarding future communications. Take the initiative. Suggest in your letter that you will be in town and you will call to set an interview. A letter that ends with "I look forward to hearing from you" will be filed away, perhaps never to see the light of day again. If the organization wants to see your transcript or a writing sample get these out ASAP (as soon as possible). For additional suggestions consult the CDO's handout "The Cover Letter." The Interview Be aggressive about requesting interviews. Employers are busy, but they are generally willing to take the time (even on a day or two's notice) to talk with you. Be as flexible as possible with regard to your schedule but try to pin down a particular time — for an interview. If an employer is willing to talk with you but doesn't have a position to offer there are a number of reasons you should talk with her anyway. She can refer you to other agencies and offices which might have a position, she will be able to familiarize you with the job market, a job might open up there in the future and it is easier to "sell" yourself now, and you make a contact. Most public interest/service lawyers have gone through the same job search you are now undertaking and are remarkably willing to talk and give suggestions even if they don't have a job to offer. There is an incredible amount of empathy stored up here, just waiting to be bestowed on public interest students pursuing shared ideals. Schedule interviews during breaks. Winterbreak is better, for spring may be too late for some jobs. Being "in town" for a few days allows you to investigate other possibilities you may not have known about beforehand. During the interview try to get your interviewer to give you as clear an idea as possible of how soon a decision will be made. Also get an impression of the work environment and the personalities you will be exposed to on the job. Remember that you also are "interviewing" them. show that you are still interested in the job and demonstrate that you are likely to be persistent and thorough in your work. It also keeps your visibility with the employer high. The more personally he knows you, the greater the chance you will distinguish yourself from everyone else and that you will be hired. A great deal of getting a public interest/service job is being in the right place at the right time. If you are frequently in theright place, you are more likely to be chosen. Unless you discover otherwise, direct all further communication to the "contact" person at the organization. She is likely to have the clearest idea of where the hiring process stands at any given time. If you have not heard by the target date follow-up with a call. Follow-up calls by references can also be helpful. Count on interviewing and following-up widely before you receive an offer. Funding Sources . Doors open if you qualify for work study funding. Unfortanately few law students qualify for the program, which has been cut back recently. The Buffalo Public Interest Law Project (BPILP) will be funding a few positions in the Buffalo area at Legal Aid and Neighborhood Legal Services. The deadline for application was March 11, for the former, is March 14 for the latter. Other funders are the Law Student Civil Rights Research Council (LSCRRC), which supports ap- 150 proximately positions throughout the country, and the National Lawyers Guild (NLG), which has about 20 positions. Deadlines for the latter are in mid-February. Career Development Office Make an appointment with either Audrey or me to talk over your thoughts and plans, go over your resume and cover letters, and brainstorm ideas. Take advantage of the career panels and programs (including the Public Interest/Service Symposium, held in February in New York City) to familiarize yourself with public interest/service areas and talk with those active in the field. // would like to acknowledge that some of these materials have been adapted from "Public Service/Public Interest Job Search Resource Booklet" compiled by New York University, and "How to Find a Public Interest Job" compiled by University of Virginia's Law Students for Public Service and their Placement Office.) Jaeckle Center from page 2 On April 11 (Thursday), Assemblyman Dennis T. Gorski, the recently appointed Chairman of the New York Assembly's Com- mittee ofLocal Government, will discuss the importance of this committee to communities such as ours as well as sharehis views on other topics of interest to the group. Commissioner Henry G. Williams of the New York State Department of Environmental Conservation, a person recently in the news, will visit us on April 24th (Wednesday) at 12:15 P.M. He oversees the administration of New York's Superfund for the cleanup of toxic sites, a topic of great interest to those of us who are in an area where over 50% of the sites are located. Take time out of your busy Follow-up Persistence in the follow-up is study schedule to consider the absolutely critical. Stay in touch world outside of Law School in with the organization after your a friendly, informal setting and initial letter or interview. It will join usl March 13. 1985 Opinion 9 �A Primer to Job Hunts in Fun and Sun State for the wrong another description of the gornumber, that I found out how geous scenery, weather, women, much a pay phone call costs here. etc., I'll just outline other major Needless to say, this revelation aspects of importance to people struckafter I phoned about thirty like myself. different numbers. Additionally, Fast Food nobody told me not to eat in the Sarasota is composed ofabout City Hall Plaza Cafeteria (although the blind cashier who 500 attorneys, none of whom are kept asking me what I purchased hiring at this point in time. There and what bill I gave him was in- are just as many fast-food and teresting indeed. No wonder the quasi-fast-food places (Fuddruckers, Bennigans, Denny's, city's budget needs balancing!) that Furthermore, I was never warned etc.) as in New York, except Buffalo don't in Kings Burger in Tampa the escalator the about International Airport. Imagine have palm trees in their parking my surprise as 25 white-haired lots and Heather Locklear clones retirees greeted me and looked behind their counters. Thus, me over like I was something out Sarasota has a decided advanof the Lowery Zoo (located in tage in the area of cuisine. Tampa, of course). Fast Cars By the way, I don't know if it's Sarasota, much addition, In an my imagination, but there are awful lot of women walking like the rest of the West Coast of around here who look like they'd Florida, has a decent highway system. A police car zipped by satisfy "master race" requireme this morning without winking ments, (but unlike Buffalo, they're hot fat. Guess they don't an eye, as I drove at a slothful 70 Interstate need the winter layer as much as miles per hour down the 75. me to conclube This leads Buffalo natives... I could sion that Florida cops don't give wrong though*). tickets to people driving rental This last not is for animal lovers the squirrels here are cars. (By the way, I am still in awe darker than New York State of the fact that I can drive without squirrels. My guess is that the concern of skidding off the road at any moment.) sun did it to them. I hope to continue with a description of Fast Women another area if my rental car thinkFloridians have different I starts and gets me there tomorvalues than New Yorkers. For row *l mean an "awful lot," not an example. New Yorkers might not think that a major news item "awful" lot. Lest we forget, goddesses abound in the Sunshine should revolve around the closing of one of the last nude State. beaches in Florida, (although I Sizzling Sarasota paid close attention to the This is your roving reporter, coming to you from the City of Sarasota beach interview of the militant sun bather, to get her Sarasota (located, not surprisingly, in Sarasota County). view..." Rather than bore you with by Alan Stewart Take Me Tampa... Please The city was Tampa; itwas hot. My name's Stewart; I carry a re- cents credit sume. I started my search for a job at 8:30 this morning, and although I've yet to receive an offer, I still plan to push on in this "endeavor" (as the rejection letters call it). The following description is for the benefit of those people who have never visited Florida. Tampa, Buffalo's Sister City Florida and Buffalo have many things in common. Both cities are seven letters long, the fifth and seventh letters being vowels. Radio stations in both areas start with a "W". There are a lot of people in both cities as well. Those part of the body that are burntoff in Florida are frostbitten off in Buffalo. The similarities end there. However, I find Tampa to be very similarto Toronto, in terms of its cleanliness, its development, and the fact that both cities start with a "T", have a voweland consonant thereafer, and end with a vowel. The temperature is in the high 70's now, and the tanning index is 5 (which is optimum, I'm told). I've walked at least five miles today, and have only seen one pigeon (with a wildlife tag on its leg). This necessarily leads me to the conclusion that although Tampa may be considered a city, it is not urban, like New York City and Buffalo. Come See Tampa's Wildlife For those who plan to visit here, I offer this tip; ask questions of people before you take advantage of what this city has to offer. For example, it wasn't until an operator gave me ten — .. - COLLEGE SPRING BREAK IV sggoo PLUS $20 TAX & SERVICE ROUND TRIP MOTORCOACH TRANSPORTATION 9 Days • 7 Nights FORT LAUDERDALE : Mi v *55 *L*M TRIP DATES *March March 9 2 March 9 -March 16 * . - - ££3 T^L,-, March 16 March 23 March 23 March 30 March 30 Apnl 6 April 6 April 13 ■ M I>T m.W[ «¥l y| . _- '-. '/*> flf *■/?» 7«C! i. J\a*%f3U!*/' *£-.' - • ».' j -* RATE TOUR .£~,..v£L INCLUDES: Pound Tnp Transportation ar conditioned-lavatory eninined nKH.nrco.Tch to Daytona Beach and Ft v* * Co"**"*"' Departure *pat»aii TwtaaMarMMi im mstnimmmmmwmiammmnmamMaeaaMk i|l'l|>UlllW— —HMl»imi«jinm i«« liri«Mli> 111 ■ Wl««l|»IMI»M»«»l>»i«ll>«Mi<ii'l»C LIV f/ | w *# T JM| ■»<*lli>lil ■H^n^yajltW MMMM!M*Dwnn*uinH>l«>nltariail>llkr>lkil7lll»nwi /*, ',—~"««. Mtwl«™ti™i«*. »n»w w^ihiiiiimmi.wiiixniiir'll iinii»«>«i»>w«>H'i*t !*.»»».»««"•«.» 31 •*»»r .. I *"*"?* | OUf/ 252-02 Northern Boulevard Long Island NewYcACitv 718-631-3MO 516-2220155 Opinion March 13, 1985 10 . Limited Hotel Space in Ft Laudenjale a™l D iSr »\ T M\ book early! ■■• Neck. New York 11363 • little Westchester NewJeraey 914-997-0140 checks for drunk drivers within From what I've heard of the meten feet of the tide. dian pay given starting attorIf it weren't for an old friend neys, I'd have to change my who I conveniently remembered, name to "Hungry". I'd have nowhere to stay in DaySlow People, Slow Cars tona, and would probably be unNevertheless, I have a morning to pay the hefty-priced hotel able interview with a downtown firm. rates. Having lucked out though, They don't have any openings; three days on the cpral they just enjoy making people I spent beach, whereI picked of the sand drive bumper-to-bumper past up a few tips of things to do and Disneyworld on 1-4. If all goes things not to do when travelling well, maybe the directions out of in Florida. this boomtown won't include a Things to do: a) bathe in the tour of the downtown construcsun; b) go swimming; c) play tion sights. As you may gather frisbee on the beach; d) walk on by now, my initial impressions the beach and chat with passersofOrlando put it beneath Tampa, by; c) leer at good looking memSarasota, and Clearwater, bers of the opposite sex, and try (though it's still above the trailer to bed them; f) take in the scenpark paradise known as Fort ery in general. Myers)... Things not to do: a) go to here Although my arrival traps; b) try to pick up a tourist wasn't cheerful, the friendliness girl on the beach by talking about to of several lawyers I've spoken Insurance Law; c) speak with a here has thawed me out a bit. I New York accent; d) prepare by to lunch one even got taken state income tax forms; c) ask partner, (which marks the first where the nearest subway is; f) time a lawyer has ever taken me say you hate golf. to a gay bar/restaurant; I found out about the place as I was stuffDear Al: While we will let our ing my face with chicken salad). •Still no job, so the search con- readers judge your attempts at jocularity, we do suggest that tinues you take a refresher course in Driving Down Daytona Beach geography the last time we The first thing you do is find a looked, was a state, not Florida landmark to park next to so you a city (see second paragraph). can find your car later. I chose to .. — ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY "REPEATER") -a l w park next to the only hearse on the beach. These twenty-three Oranges couldn't be everymiles of sand, gulls, water, where, so God created Florida. people, cars, hotels, ice cream This is Alan Stewart, live from Ortrucks and suntan lotion conlando. It's been two hours since stitute Daytona Beach, the Spring I departed from Clearwater capital of the free world. Break (where I've been centrally loDriving down AIA, (reminiscent nights, thanks cated the past few of a Jimmy Buffett album with to some friends who put me up). the same name), quickly learned I Judging from the letters I've reto park on cars are allowed that search, ceived in response to my beach, so long as they prothe the only chance I have ofbecomceed at 10 mph or less. If anying an associate in Orlando thing like this were allowed in would involve hitching up with a York, there'd be no room partnership composed of guys New towels, and there'd be spot for named Sneezy, Doc and Grumpy. Orangey Orlando 201-*23-»866 For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays! WHY TAKE ANY CHANCES? REGISTER NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (I to 4 p.m.) HOTEL BARBIZON PLAZA HOTEL, NEW YORK CITY. FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent SENIORS!!! SENIORS INTERESTED IN PRESENTING THE STUDENT COMMENCEMENT ADDRESS ARE REQUIRED TO SUBMIT A ONEPAGE PROPOSAL OUTLINING THE CONTENTS OF THE SPEECH. PROPOSALS SHOULD BE SUBMITTED TO THE DEAN'S OFFICE BY MARCH 15, 1985. The Alumni Association and CDO present the following information panels which all students are invited to attend. Real Estate Practice Wednesday, March 13 3:30 p.m. Rm.210 Corporate Law Practice Wednesday, March 20 Rm.210 3:30 p.m. Matrimonial Practice Wednesday, April 10 3:30 p.m. Rm. 210 �A little bit o'Pudge Cliff Barney's Health Spa Saga III by Pudge Meyer ■v I really didn't care too much about my stolen watch. And while crime may be up this year, at least we know that there's a crook out there who has good taste. So big deal, I lost my watch. I wasn't about to let that dampen my spirits. I had a lot of exercise in front of me, and I promised myself that within a year I'd trim three inches off my waist and gain twenty pounds of muscle. I headed to the Spa for my second workout. I was having a little that bicycle trouble walking stuffsure does get toyou. I figured I'd get straight to the heavy lifting. A lot of the same faces were there from last time. Thefirst person I saw was Dorianna, in front of that same mirror this time it was squats with 320 lbs. I was all set for the bench press when I felt someone tapping me on the knee. "Hey, Cliff, what about your warm-ups? You've got to get especially after a tough loose day at the office." It was Misty. She must've done some fast checking-upon me I nevertold her I work in an office. I told her I didn't have all that much time, so I thought I'd get right to some serious exercise. "But Cliff you don't understand. You have to stretch out your muscles before you work them in order to avoid injury. This is most important. Remember when Roberto Duran quit against that Leonard guy in their big rematch? He had stomach cramps because he forgot to stretch out before the — — — — — fight." "Do tell." Imagine that on top of everything else, Misty knew about boxing. She guided me back to those dastardly lifecycles and told me to pedal for eight minutes. So I did. "Hiya, pal what are you,, a new member?" I looked to my left. This guy had to weigh twoeighty if he weighed a pound. "Yeah, I, uh, joined this week qualified for the super-saver — — — too." "No kiddin'? So did I. Boy, we sure got lucky with that. I joined about a month ago. I come here all the time. My name is Lenny Wolff. Since I was a kid everyone calls me Tiger Tiger Wolff." "Nice to meet you. Tiger. My name is Cliff." I couldn't wait till my eight minutes were up. "Say, when are the best times to come here?" "Well, heh-heh, it depends on what you have in mind. Today, Tuesdays, right about this time is when the most girls are here Tuesdays, Thursdays, and Saturdays, at right about this time." "When is it the least crowded, so I can get in a really good workout?" "I don't know I only come here on Tuesdays, Thursdays and Saturdays, at about this time except for this past week, that is. I couldn't make it at all. My car broke down you'll never believe this so I take it to the shop, and the guy gives me a loaner car. So I'm on my way over here, when Me mufflerfalls off. I go out to take a look, and I notice that one of the tires looks a little low " My eight minutes were up, so I got away from him as fast as I could. I could believe that part about the tire being 10w... I made a note to myself to ask rates, — — — — —— — Chuck how that guy could possibly get a YIP membership. met Misty over by the water I fountain. "Misty, don't let me — forget remember that picture that you wanted of me? I have it in my locker." "Great. You did bring a lock with you this time, right? And a towel?" "Of course. Why did you want my picture?" "Just another way to measure your improvement. At the end of eight weeks, we take a picture of you, and we compare it to the way you looked before you began the Scandinavian Method." Sounded like a reasonable explanation; but I knew she was dying to see what I looked like without a shirt on. * began my *individualized, computerized, incrementalresistance program. I was supposed to wait no more than forty-five I # seconds between each execise. The only problem with that was that every time I moved to a certain exercise station, there were three or four people waiting to dothe exercise. There were certain advantages I got to get acquainted with all kinds of people. They get a lot of friendly people at this place. Not anyone who I would really want to get to know; but a lotof friendly people. As I was waiting for the leg press, I noticed a guy tried to get in front of Oorianne by the Isolated Lat Movement machine. There was quite a scuffle. Later I got to ask a guy who saw the whole thing. "Yeah, Mac, I saw the whole thing. She picks him up by his shirt, see, and tells him she don't never wantto see his mug here on Tuesdays, Thursdays or Saturdays again." I wondered if she really spoke like that —she looked tough enough, all right, but she didn't seem the type of person who would use a double negative. Anyway, I figured I better leave here alone until next time. — — why "Okay, Lazy-bones don't you do something instead of just watching everybody else?" It was Misty. It didn't surprise me one bit to discover that she must have been watching me the whole time. "To tell you the truth, Misty, I think I hurt my shoulder a bit doing those lateral raises. I might have been doing it with too much weight." "I don't think so those are the lightest dumbbells we have." Oh, that childish laugh. I guess I should've been embarrassed; but at least it re-affirmed my belief that she had been staring at me for most of the whole night. It was time for the sauna. Boy, was that room hot. It's funny, being in there with all these peopl that you can't see because everyone is of all the steam suit; the bathing a just wearing guy sitting next to you could be — — the mayor, and you won't even know it. But I was exceptionally astute as I sat there. They were talking about the tax increase, it took me unemployment three minutes to realize about that this is where the County Board of Executives holds their — I stayed in weekly meetings. there as long as I could to hear what they had to say, but the heat got to me. I guessthese top-flight executives have a separate locker room. This place really is rather prestigious. I was proud to be a YIP. .» ** I hit the showers, and headed back to my locker. I just happened to have the locker right next to Tiger Wolff's. This was j getting discouraging. "Hey, Cliff, how was your workout workin' hard, or hardly workin'?" I couldn't believe a grown man used such a phrase. "Yeah, sure," I responded. "Me too what a workout. Sure did work up an appetite. I think I'll go out for some wings tonight care to join me?" Somebody better warn Frank Perdue. This guy must give new meaning to the word "some." Meanwhile, I couldn't believe this was happening to me. "Gee, I can't make it tonight I have to give my dog a bath." "Aw, that's too bad. Thought I'd ask. Say, you got any extra shampoo?" — — — — So that's what he was after; and whatdid he mean by "extra" I suppose some of these people carry a pre-measured amount. "Sure. Here." handed him the bottle. He made a noise. "Thanks just the same, but I can't use this shampoo." "Why not?" "It says it's for dry hair. Mine is oily. If I use it, my hat will probably slide right off my head." He made another noise. I took the bottle back and made believe I had to go to the bathroom just to get away. On the far end of Somebody better warn Ijrank Perdue. This guy must give new meaning to the word "some." Meanwhile, I couldn't believe this was happening to me. "Gee, I can't make it tonight I have to give my dog a bath." — — Cliff Barney strikes a mean "Front lot" pose prior to his YIP membership. Notice the string through his head. I'd ask. Say, you got any extra to new members for two years shampoo?" now." "Well, I don't understand. He's So that's what he was after; " and what did he mean by "extra" so, he's so "You noticed. And it's worse I suppose some of these — — people carry a pre-measured amount. "Sure. Here." handed • than that. You'll find out." "But I don't want to find out. What should I do?" I can't tell you. We "Ha-ha think of it as sort of an initiation. If he doesn't drive you away from this spa, nothing will." I walked back to my locker. Tiger was gone. I couldn't help but feel a little sorry for the guy. You never know sometimes they deserve it and sometimes him thebottle. He made a noise. "Thanks just the same, but I can't use this shampoo." "Why not?" "It says it's for dry hair. Mine is oily. If I useit, my hat will probably slide right off my head." He made another noise. I took the bottle back and made believe I had to go to the bathroom just to get away. On the far end of they don't. the locker room I was combing As I walked out I made my usual my hair. A rather elderly man put stop at the water fountain. Off to his arm on my shoulder. I said the side there was a small gathering of people. They were all hello. "Hi there, young fella." He drinking out of little paper cups. laughed. "I see the Tiger-man "Hi, Cliff. Care for a free samhas got you on the run." ple?" It was Misty. "What is it?" "Do you know him?" — — "Well, it's more like, doesn't everyone know who he is." "But he said he joined only about a month ago." "Baah. He's been saying that "Aw, that's too bad. Thought "Coca-cola, with 83% Nutrasweet. Have some, and tell me what you think." I took a nice drink. "What do I think? I think it's very cold." To be continued... Single Issues ofVolume 33:1 are now available in605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I i VOLUME 33 WINTER 1984 NUMBER I Articles The 1983 James McCormicr Mitchell Lecture—A Hurdlf. Too High: Class-rased Roadrlocks to Racial Remediation By Dean Derrick Bell Privacy: Control Over Stimulus Input, Stimulus Output, and Self-regarding Conduct By Paul Siegel Sexual Equality, the Equal Protection Clause, and the ERA By Phyllis Segal The Priority Secured Party/Suiordinate Lien Creditor Conflict: Is "Lien-Two" Out in the Cold? By David Frisch Comments Protection of Systems Control Software Stored in Read Only Memory Chips: Into the World of Gulliver's Travels SEC Rule Ma-8: New Restrictions on Corporate Copyright . Democracy? 4 FACULTY OF LAW AND JURISPRUDENCE STATE UNIVERSITYOF NEW YORK AT BUFFALO Ctpyrlt*! •tmtbytk* Buijalo Urn Review J* March 13,1986 Opinion 11 �$150 Discount Deadline March 21,1985 on an Stop by the table the First Floor and fill out down freezes the price at $750.00 GinaPeca Nancy Barshter Ed Peace Tom Roach Jason Reid DanFigueroa GaryFarrell Lori Cohen PaulHensley Jay Goldstein Karen Vance Bonnie Gould Vie D'Angelo Laurie Frank TomPernice Susan Kozinn Laura Washington Paul Komiczky DanElias Rita Hubbard Andy Fleming Rich Murphy / iiC\ ( ( JaCj 111 1 application. $50.00 GayleTowne Jessica Braginsky Roy Mura RobGalbraith Tim Farley Mary Pat Enright JillKawa Roland Cercone Lee Smith Wendy Friedberg Cathy Papas MattFusco Sim Goldman Susan Berkow Bill Daly Scott Stechman Leslie Stroth LorrieKolbert Jack Murray SethSahr Jane Blumenthal > m\\W\!M 4 ° l Seventh Avenue Suite 62 (212) 594 3696 mm aWat New York NXloool (516)542-1030 (914)684-0807 ' New York's Number One Bar Review. BAR/BRI announces CPLR COURSE with Irving Younger videotape dates: Sunday, March 17, 1985 12-6 Sunday, March 24, 1985 —12-6 Sunday, April 14,1985 12-6 — — Rm. 106 Rm. 106 Rm. 106 COST: $95.00 Sign up at the BAR/BRI table on the First Floor. \Q)\JJu lemrm 12 Opinion March 13.1906 M 401 Seventh Avenue, Suite 62 New York, New York 10001 (212) 594-3696 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-03-13 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2bfd8ac261b36607161f997a89eea019.pdf acff15131612e90c690463548d18b0ad PDF Text Text OTHE NION V01.69 No. 69 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW IMPSECAHLGDF ! ! Allie Katz ConfirmA ed s Chief Justice O'Neill/Joycey Sworn In As U.S. President by Robert Remedial In a not-so-surprising move yesterday, the United States House of Representatives impeached President John Henry Schlegelface. The United States Senate immediately convicted, him. Both votes were unanimous. Speaker of the House, Thomas "Tipster" O'Neill, who a not-particularly well-informed-source has told us is really U/B Tax Professor Ken "Deadline" Joycey, was then sworn in as President by the newly nominated and con- ever, the "Schlindgreen" Administration has been marred by one by Bea Plaintiff disaster after another. First the Inaugural was snowed out (though Schlegelface, by then well-accustomed to Buffahole-type winters, had been more than willing to go through with it, outdoor parade and all. Then came Vice-President Lindgreen's timely death when she was shot at Schlegelface's State of-the-Union address by O'Neill/ Joycey (who was reported to have said at the time, "It was her own fault I made it clear to her that if she told me to 'make the argument' one moretime I would — firmed Chief Justiceofthe United States Supreme Court, Allie Katz. It was only the second time in kill her.") history that the House has taken The impeachment and convicsuch a drastic action and thefirst tion were apparently the result time ever that the Senate had of several clashes between completed the constitutional Schlegelface and the legislative lynching process by voting to branch of the government. The throw the former U/B Law Asformer President steadfastly resociate Dean out of office. fused to submit any legislation Yesterday's activities comto the Congress concerning the pleted what has been a roller budget, other than a half-baked coaster of events since Election plan to reduce the deficit by inDay last year. As reported in the stalling parking meters in every last edition of The Onion, parking space in the nation. His Schlegelface and his sidekick campaign promise to inflict the Janet Planet Lindgreen were "Buffahole Model" on the counelected in a landslide last try came to nought when it was November in the most humongrealized that the "Model" was ous political upset in the history not a model of anything but inof the universe. Since then, howstead was the code phrase O'Neill/Jocey taking the oath of office. Schegelface and his cronies have been using for the scam they had been pulling on the law school for several years now. In addition, his only foreign policy action to date had been to serve as a pallbearer at Konstantin Chernenko's funeral in Moscow. The final straw, however, was Schlegelface's attempt to turn the Capitol Building's smokers' lounge into secretarial -of- fices. The House and Senate soon thereafter began the impeachment and conviction process. With Lindgreen out of the way and no one being exactly sure what a President Pro-Tern was, the path was clear for O'Neill/ Joycey to assume the Presidency. In a less than-exclusive interview with The Onion, the new President had the following to say: "Gee, what a month this has been. First, St. Paddy's Day fell on a weekend, and now I've been sworn in as President. I'm in heaven." Finally, O'Neill/Joycey had this comment on what he was going •to do about the economy. "Well, I'm not going to slash student financial aid myself. Instead, I'm going to direct all of the professors in the country to not turn their grades in on time. Then financial aid offices will cut students' aid off for not having enough credits. Pretty good idea, huh? It's been working in Buffahole for years now." — past, but permanently. Recently, a U/B law student who was looking for job leads discovered plans in a Capen garbage pail which revealed that O'Brian Hall would cost more to repair than to bulldoze. When The Onion confronted Dodo and Wager with the information, they admitted that U/B Law School would be demolished. They explained that by demolishing O'Brian Hall, it would save the university a whole bunch of money because now it wouldn't have to fix the leaks in the roof or any of the problems in the library. In addition, the construction of the new management and social science buildings must have caused the ground around O'Brian to settle. This caused extensive strain on the brick structure causing it to crack. The settling also has made the building lopsided and this is what has been causing all the pipes to burst. Thus, the defect in theLaw School was deeper than they had ever imagined it. (No kidding.) Third-year law student Bea Plaintiff said, "Maybe if Dodo The crack that started it all. and Wager didn't spend so much time inside their offices making decisions from a distance, they would know more about the Law School. Apparently, they did not realize that the lopsidedness of the law school is what gave it the characterization of the Buffalo Model. Look at the teachers, look at the student body, how much more lopsided can you get?" "As for the crack, look at the teachers, look at the student body. They're all cracked. It's part of theBuffalo Model,"added firstyear student Robert Remedial. "It's about time somebody set the record straight. And besides, I am sick and tired of all the bad publicity I get just because I can't get past my Research and Writing course." When U/B Law School Dean Tommy Hattrick was questioned about his knowledge of the plans to level O'Brian, he pleaded innocent. It was explained that no one was accusing him, justasking him whether he knew of the plans beforehand or whether anything could be done. Hattrick replied, "I am just a tenant here serving out my leasehold estate. They're the landlords and what they say goes. What do you think I am, some expert in property or some- Before being booted out of Washington, farmer President Schlegelface managed to have several appointees confirmed for federal positions. The day before his impeachment and conviction, theentire United States Supreme Court was discovered missing, therefore creating nine openings for him to fill. The top post unsurprisingly went to his old Buffahole buddy, Allie Katz, who immediately established Wednesday as "Porno Movie Day" at the Supreme Court Building. When asked about this, Katz responded, "I'm going to prove once and for all that I know pornography when I see it." Seven of the eight associate justice positions went to Betty Menschevik, Al Freeperson, Janet Planet Lindgreen (even though she's dead not that it — would make any difference). Lady Di Avery, Guyora Werewolf Blinder, Wade Hearing Oldhouse, and Tommy Hattrick. The final opening went to Schlegel- face himself. In commenting on this, the former President said, "Well, I need a job now too. Since Hattrick won't be Dean anymore, I can't go back to Buffahole and O 'Brian Hall Bulldozed and Demolished by Ima "Sick" Larry On March 13,1985,in a regretfully painful decision. Vice President for Finance and Management Eddie Dodo and Vice President for University Services Bobby Wager publicly announced that the Buffalo Law School not bullwould be bulldozed dozed again as it has been in the March 27, 1985 thing? Anyway, you're looking for an expert in Master and Slave that more concisely sums up — the picture between the university and the law school. Or maybe you should ask an expert — on Animals and the Law after all, we are treated like animals in law." When asked what his plans were for the future, Dean Hattrick replied, "What do I care? No, I don't have toworry about finding a replacement for my job. Hey, you know, once this area is leveled off, it will make a great skating rink in the winter." Dodo and Wager seemed hesitant in disclosing what the actual plans were for the law school. Dodo said he would have to come over to assess the situa- work my scam anymore. And Katz is the greatest anyway sleazeball to ever walk the face of the earth. I would follow him — anywhere." In one final move, Schlegelface named his protege, George Terriaki-sauce, to be the next United States Ambassador to Nicaragua. In fact, the formerPresident's last official act in office was to issue George an AK-47 and a one-way ticket to Managua. tion, and that may take months with all the red tape. "I hear that the lease for 110 Eagle Street building is due to expire any year now," exclaimed Wager. "I bet you can rent it out dirt cheap. Or how about Shea's? Maybe the law school can take over Shea's. Yeah, every time you have class you can sell tickets — just like a show. I bet the public would love to see a comedy." O'Brian Hall being demolished. �Vol. 68 No. 69 IndianChief: Mangy Editor: NooseEditor: Features Editor: Business Manager: March 27, 1985 Rob Kosher Vickie Sickie Dandy Randy A.H. Meanderings John Lilliputian Staff: Bea Plaintiff, Robert Remedial, Paul Killrnan. Pudge "4" Mayor, Robert Leers, Cliff Fall, Jeff Stoned, Pater Scribbles. "Copyright 1985'The Onion, SBA. Anyrepublication ofmaterials herein is gratiously appreciated by these "so-called" Editors. T7w Onion is published when the humours in the body are in sync, or whenever we think a laugh is appropriate. It isthe student trash of the State Penitentiary of New York at Buffalo Institute for the Unethical Lawyers. The views expressed in this waste product symbolize what the Editors feel is often felt but not stated enough times. The Onion is a non-profit organization, not by choice, but because we cannot handle our money. Any contributions therefore are greatly appreciated. Please make Checks or Money Orders outto CASH. Greenbacks are always accepted. Composition & Design: Words & Graphetti, Inc. SBA Slashes The Opinion; Charters New Clubs The Student Bore Association was recently given an unequivocal, but unethical, confirmation of its clubchartering policies by The Onion Editorial Board. Chief Rob Kosher cited several reasons for the Board's show of support — primarily, that The Opinion has been disbanded and The Onion will receive a budget estimated at $20,000 plus to publish two issues per semester next year as the official Law School Newspaper. SBA President Richard Gottlieber assuaged the hard feelings mustered by the California Law Students Delegation by stating that The Opinion's Editor-in-Chief Bob Cozzie and Features Editor and meandering columnist Andy H. Viets will be publishing the Buffalo Law Review every two weeks the next three semesters in order to catch upon their current backlog. In addition to the insightful editorial backbiting and perceptive wrist-slapping, Viets will begin a new series, co-authored by Former President and Assistant Dean John Henry Schlegelface entitled "Legal Meanderings." While no details have yet been released, it is rumored that these articles will describe the as yet unidentified but prevalent method of teaching within the Law School Karl Llewellyn and the bureaucratic method of socialism. Otherfeatures will include: more reviews by Allie Katz; animal farming by Al Freezeman and Bettina Munchkin; and a dissertation on unemployment discrimination by Beth Ginshu and Judy Tolling. Among the various clubs chartered last Wednesday by the SBA during its private semi-annual meeting at the Eastwood Country Club were: the Labored Relations Board or, as it is better known, pregnant law students for the La Maze method; the Fascist Society, an outspoken, hard-core, right-wing organization established by The Opinion's News Editor, Randy Donatelli, which advocates the government; the Environmental Destruction Society, supporting the move of the U/B Law School from the Spine to Three-Mile Island and the distribution of low-level radiation waste to first-year students taking Con/Torts; the Smut Court Board with Supreme Court Chief Justice Allie Katz as its faculty advisor; and the Nicaraguan Holiday Health and Fitness Travel Club headed by Frankie Reveille and George Terriyakisauce. The last group not only features the Oscar-winning slide shows of the founders' trip to Nicaragua, but also sponsors all-expensepaid tours to Managua with a former KGB agent who claims the country reminds him of "the Siberia of my youth." Congratulations to these clubs and all the newly chartered clubs who now qualify for automatic funding of $2500 under SBA By-Law 69 (or 96, depending upon how you go at it), which money is to be distributed from the checking account of the now-defunct Opinion. SBA News Releases designated "The Westwoody Doctrine." From now on, no law fund-raiser for the 1985 Comstudent is to go to any restaurant, mencement Haircut Fund. This movie theater, or store which charges any amount of money for year's recipients will by Guyora Wearwolf Blinder and Allie Katz. goods or services. SBA Director"We figure that if each student esses Beth Ginshuberg and Judy Tolling were quoted as saying in contributes one penny for professor," says SBA President unison, "Such evil capitalist inRichard "Tricky Dick" Gottlieber, stitutions practice economic dis"we'll be able to send the two of crimination and as law students them over to Fantastic Sam's we should all be in agreement to with the coupons that were in oppose that sort of thing." The Generation magazine last 3. Defeated SBA Vice-Presiweek so that each of them can dential candidate Andy H. Viets get a shampoo, cut and blow dry has recently signed a contract forthe first time in a long time." with Pepsi Cola to do a television 2. In a seven to six vote, the commercial for that soft drink SBA has enacted what has been company. Says Andy: "If Ferraro 1. The Student Barf Associa(SBA) has voted to hold a tion complaints. 2 The Onion March 27,1985 along with the newly released blockbuster Schlegelface! Part II at theaters throughout Central America. Law School twins, Beth Ginshuberg and Judy Tolling, are this year's SBA Awards recipients. Ginshuberg,at left, was named SBA Directoress of the Year. At right is Tolling being given the Masterand Slavetrophy. Award Not pictured Presenter Guyora Werewolf Blinder. — The Lew School Unemployment Office's Dynamic Duo listening to studenf can make half a million dollars by losing in a landslide, so can I." 4. In an unprecedented sweep, "The George Terriakisauce Nicaragua Slide Show" was awarded every Oscar presented this year by the Academy of Motion Picture Arts and Sciences. During each of his acceptance speeches, George led the audience in the chant: "Long live the Sandinistas! Death to the contras!" The slide show will be featured over the coming months — Administration Acts on Privacy The third policy in the new re- low classmates. anti-privacy form will make all financial aid These new The SUNY-Buffalo Administrarecords and 1040tax formsavail- policies by the SUNY-Buffalo adtion, in the continuation of its libablefor inspection. With this pol- ministration are most certainly a eral policy regarding studentrecicy, you will be able to find out step in the right direction. Chief ords, has announced several who the wealthiest person is.in law school janitor, Notgonna new policies to become effective the class, as well as the poorest. Labor, was asked about his opinas of April 1, 1985. Law school dating will be im- ion of the latest policy reforms in The first sweeping reform is a proved because you will be able student privacy. His reply was, change in the posting of semesto find out who has thebig bucks. "Sorry, but that's not my departter grades. Instead of posting stuOne high ranking SUNY official ment." When asked about the dent grades in alphabetical order has even announced plans to horrendous conditions on the 7th by social security number, copy all of the personal records floor (water leaks, mold, mildew, grades will be listed in alphabetof students and compile them V.D., etc.) he replied, "Sorry, but ical order with the student's into one big packet at a reasonthat's not my department." name and class picture adjacent able price of $10.00. This will When asked why none of the to to the grade. This will help allow you to carry this vital infor- classrooms in the law school further the goal of SUNY rules mation to class, the library, and have ever been vacuumed, he reand regulations, section 69, home, so that instant research plied, "Sorry, but that's not my which states: "Every effort will can be accomplished on your feldepartment." be made to inflict emotional distress upon the student." by Vie Hedges The second policy in the law great a school reform is definitely step forward.The administration Born to relax, has approved a new rule with rethat's what I gotta do, gards to student admission and Born to relax academic records. The personal files of all students will be availgonna forget about you. able for public inspection from 9 I'm eating Cheeto's a.m. through 4 p.m. every weekand watching television day. The public will be able to look at each and every file, just gonna read a book out of curiosity. about Nuclear Fission. The "Freedom of File Act" will Well I wrote so much be especially helpful when lookmy hand got tird ing for a date. Students will be Boss says "No sweat" the prospective able to research date's personal background. This cause I been fired. will help eliminate hours of conGonna get a drink versation, because you will know forget my trouble practically everything about your Gotta get a drink date. Smalltalk will be eliminated so that the course of events will make it a double. lead directly to sex. Igot Noprivacy - Born to Relax �Health Spa Serialization Attacked in Court by Sharon Blanding The third day of testimony ended yesterday in the highly publicized lawsuit involving Playbuns Magazine, The Opinion, and Mac Serotte. Some weeks ago Playbuns ran an article on Mac "You want what I got" Serotte, for which he was paid rather handsomely.The article was the first of ten scheduled to appear regularly. But all this came to a screeching halt when The Opinion published a supposedly fictional account of the goings-on at a health spa that seemed hauntingly familiar to Serotte. The Opinion t;an't understand the fuss. I spoke with their lawyer, Shelley Kimmons, of the firm Drayton, Drayton, O'Bannon and Drayton. "That Serotte has got some crust. The Opinion has run three articles, each one longer than the first Playbuns feature. How could we have stolen Playbuns is planning to copy their story. Serotte and Playbuns have refused to hand over the substance of the remaining nine articles. They contended that since The Opinion already has them, they should turn the text over. The Opinion countered that parallels his interviews with their series is written on a weekly Playbuns, with whom he had basis and that the next segment signed an exclusive contract. isn't even ready yet. "Look Cliff is portrayed as a Ira Salinger, a noted constituguy who is big with the ladies, tional law expert, pointed out right? Just listen to some of this: that Serotte has already won a 'She must've been watching me major battle. The Opinion has the whole night'; 'She was dying been enjoined from releasing to see what I looked like without any photographs connectedwith a shirt on.' Those are from vol- their story. Serotte doesn't really ume 25. His descriptions of care if they are free to continue people, his stumbling on to the written portions; he just something big in politics—these doesn't want any of those picare almost word for word from tures to get out. Serotte claims the Playbuns articles that have that unlike the interview portions, the photos are private not been printed. property; they were never meant On cross-examination, Kimmons tried to leave the jury to be for public distribution. The Opinion feels that with the impression that the shoe is on the other foot; that Serotte's claim is entirely frivol- the story? Besides, who would possibly be interested in a story based on his life? Why doesn't he get off his high horse?" A quite different impression was disclosed yesterday as Serotte took the stand. He says that the character of Cliff Barney ous. Kimmons: "This guy must planned to print any more about have some imagination. So the thinks he's a hit at the spa; big deal. There's a million guys in a million spas just like him. The truth of the matter is, his life is probably so dull, that he vicariously became Cliff Barney. I seriously doubt that Playbuns had Serotte—salesof thatfirst article were awful. Our story is selling like crazy how can that be if we got it from them?" Kimmons declined to discuss anything about photos, saying, "Ours is a family magazine any- — way." — Who is this man and why is he smiling? his againat this Dean Hattrick scoring at last year's commencement. Hattrick has announced that he intends to get year's ceremonies. Law School Administration members Allen Carrot and Audrey Kosack presenting the first child to be born by the Buffahole Model Process, a new test tube baby procedure. Dean Hattrick demonstratingexactly how the Buffahole Model works to prospective students. Law Students, Guns and Beer Send law students, guns and beer, The snow's too high we gotta get outa here There's a fat lady walking across the floor, I need more ammo gimme more. They're not open between 12:00 and 2:00, I need a transcript now, what do I do. Send law students, guns and beer I'll look in the rear view, You grab the wheel and steer. by Vie Hedges Billy Groanerresponding to pleas of help from the Law School as he accepts Univesity Compost cosition. March 27.1985 The Onion 3 �. .. Sports Talk and Other Notes of Nonsense . falo at the Aud on March 29 of by Maurice Davis Today in class we kept talk- .. . ing about the Free Exercise Clause. That's the kind of em- ployment contract I hope to get; one that provides for free exercise Some early rounds of the Moot Heavyweight Competition have been completed. In the fourth round, Michael Dokes, who was one of last year's Moot Champions, got by Tex Cobb, Gerrie Coetzee, another former Moot Champ, lost in the middle rounds to Greg Page. Tony Tubbs, who has never been defeated in some smaller competitions, will face Greg Page in the finals, which will be held in Buf- this year. I refer to this as the Moot Heavyweight Competition in re- . verence to one Larry Holmes, who in anyone's book is in a class by himself. (Not to be confused with a certain professor who, in his seminar, seems to be in a "class" by himself .). Holmes recently dangled the Real Heavyweight Title Competition Belt in front of some guy name Bey, who last year made short work of the same Greg Page who is the current Moot Champion. Bey made a three-minute statement in the first round, which went something like this: "I may look out of shape, but if I'm gonna go down, I might as well go down swinging." The crowd was impressed, but Holmes wasn't particularly concerned. He had seen guys like this before. He knew that even though this was the finals, it would consist of many rounds. Bey let his wild right hand do some talking, which made Holmes sit up and take notice. It was time for Holmes' opening statement. He began by presenting a series of jabs. These were very persuasive in the eyes of most; extremely persuasive to the face of Bey. Bey tried to stay close, but Holmes argued a few uppercuts that really drove home the point he was trying to make. The Chief Judge eventually decided that Bey could not continue. When Larry Holmes finally does retire, they should name a Year's Best Pictures Picked by Donna Ivory Once again it's time for me to pick this year's movie greats. We'll also review some of the new categories that have been designed to meet the current trends in the movie industry. Many people are calling for the best picture award to go to the story of the operatic misadventures of the police chief's wife as she tries to raise money for the Police Athletic League: Beverly Sills, Cop. Our hero is also up for best actress, but the odds are the award has against her never gone to anyone that heavy. Also up for best picture was Uncommon Velour, a tale of high intrigue down in the garment dis- — trict. Stars Tex Cobb as a G-man who goes undercover as a rabbi to crack a ring of trade secret thieves. Some of the new awards include Most Colorful Title. Here ac the nominees: Blue Lagoon, Purple Rain, The Woman In Red, The Return of the Black Stallion, Micki and Mauve, Lord Greystoke, Red Dawn, Purple Rose of Cairo. Best Movie About Two People: The nominees are: Harry and Tonto, Harry and Son, Harold and Melvin, Micki and Maude, Falcon and the Snowman. Best Street Movie: Nominees: A Streetcar Named Desire, The Streets of San Francisco, Nightmare on Elm Street, Hester Street, Give My Regards to Broad Street, Paradise Alley, The Road to Morocco, Thy Khyber Pass, Seventh Avenue, and Highway to Heaven. Special one-time awards went to the following: Milton Berle, Burl Ives, Yves St. Laurent, Yves Montand, Ingersoll Rand, Rand McNally, Dave McNally, Sally Field, Sydney Fields, Sid Caesar, Cyd Charisse, Delia Reese, Peewee Reese, Peewee Snowden, Lord Snowden, Dick Lord, Jack Lord, Jack Nicholas, Nick Nolte, Nicolette Larson, Greer Garson, Johnny Carson, Harry Carson, and Gerson Maya. competition after him At least it cuts down on travel ... On March 31 in Madison Square Garden an interesting case will be presented. Mr. T & Hulk Hogan v. Piper-Ornndorff, Inc. will be the feature case in what is being billed as "WrestleIf Mania." You be the judge you care to look in one of last spring's issues of The Opinion, you'll find that I predicted that Mr. T would opt for a career in .. . ... wrestling Elsewhere, the New York Cosmos were kicked out of the nation's popular soccer league this week. This has the rather uneasy consequence of leaving only two teams left in the league. expenses... Next case: The most exciting thing that happened to me on March 19 was that there were twelve hours of day and twelve hours of night. The net result was that I went to sleep in the light and, as always, I woke up in the . dark... Then there was all that talk about the coach of St. John's basketball team who wore the same sweater for ten games as a good luck charm. Well, I happen to know the luckiest guy around. In grade school gym class, Biv Stanton wore the same underwear for three years. Since you deserve the very best, let Words & Graphetti design your resume. Our staff is so perfessional we can make even the class nerd look like a future D.A. Whether you're getting through UB Law School on your brains, someone else's brains, or your prowess at hacky sack, we guarantee that when we are through with you, you will be able to land a prestigious job in the Tax Law Department at Bethlehem Steel's Lackawanna plant. Let Words & Graphetti add a degree of B.S. to your J.D. resume today! Call 555-1212 for resumes while you wait... and wait... and wait. Have We Got A Preposition For You! BUFFAHOLE MODEL PRODUCTIONS PRESENTS: A SEQUEL! ! ! SCHLEGELFACE! —PART II: THE BEGINNING AND THE END Follow the continuing tantalizing career of U/B Law's Associate Dean as he is seduced by power, the Vice-President and the Chief Justice of The United States Supreme Court. . 4 The Onion March 27,1985 Produced by Allie Katz Directed by Allie Katz Screenplay by Allie Katz Hairdos by Allie Katz SPECIAL ADDED ATTRACTION: THE GEORGE TERRIYAKISAUCE SLIDE SHOW �THE OPINION V01.25 No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 27,1985 Section 3 Grades No Longer Anonymous by Paul W. Kullman Rumors of a potential problem have so much curiosity," said Registrar Helen Crosby, who concerning the anonymity of the noted that this was the first time U/B Law School grade-posting in her nine years at U/B that a system became a reality on problem had ever arisen withthe Thursday, March 21, when a first- posting of grades by social secyear student publicly acknowurity numbers. "I can see gaugledged that he had determined ing the number of H's, Q's and the grades of two fellowSection D's in a particular class, butI can't 3 students by matching their see the value of knowing which names with their respective so- individuals got what grades." cial security numbers. Grades Crosby said the matter was are currently posted by social first brought to her attention on security numbers. Friday, March 15, by Vivian GarThe student, whose name has cia, assistant dean for admisbeen withheld pending contact sions and student affairs. Garcia by The Opinion, apologized bewas out oftown at press timeand fore the start of Professor Janet thus unavailable for comment. Lindgren's Con/Torts class for Crosby said that Garcia told what he called his natural "curiosity" of two fellow students. He saidhe did not possess a comprehensive listof students' names, social security numbers, and grades, as had been rumored. He also added that it was not his intention to violate anyone's privacy. "I think the administration wonders why any student would therehad been rumors that a certain student or students possessed a listof the names, social security numbers, and grades of other students. Crosby said it was after this discussion with Garcia that she decided to remove the grade reports from the third floor bulletin board adjacent to the Admissions and Records Office. The seriousness of the rumors became more readily apparent on Wednesday, March 20, when Professor Errol Meidinger announced prior to the start of his Natural Resources class that he would not post last semester's Property grades. He said it was brought to his attention that an "overzealous" student or students had access to the social security numbers (and thus the grades) of some of their fellow students. Crosby said she had been approached by a student "probably sometime in February" who complained that other students had been able to determine his grades. "But I thought it was just maybe one individual who had this problem. I thought he was the only one affected so we stopped posting his grades." Crosby said as far as she knew, grades have always been posted by social security numbers because it's the "most efficient way of notifying students." "Ordinarily, though, it is policy that the social security numbers the posting of grades. are mixed and not posted in alCrosby said that at the present phabetical order," she said. time she is unsure what, if any, Crosby said she was unaware actions would be taken with rethat some of the initial grade lists gard to the way grades will be from last semester had the social posted in the future. She is security numbers arranged in alequally uncertain as to what, if phabetical order. any, action will be taken against When asked why student iden- those students found to be abustification numbers weren't used ing the system. "We (Dean Garin place of social security numcia and I) haven't thought of any bers, Crosby said that while the answers yet, although we've former numbers seem to be talked about the situation two or more anonymous, they "don't three times," Crosby said. r~\ appear on the forms given to us "When you're working with an by the University Computing honor system, I think you have a Center." Crosby said only Finanright to expect students to be cial Aid uses these numbers. honest," she said. "Grades are Crosby said administrative posted for students' convenipersonnel in her office would ence. Right now, I think they're have to individually look up stu- abusing this privilege. It may be dent identification numbers just one student, but it reflects when they got the forms back on the entire class." from the computer center. She "This is not a matter we take said personnel would then have lightly," Crosby continued. "I to manually recopy the grades. think it's an invasion of privacy All this, according to Crosby, and it is unethical. We are conwould create "a horrendouscler- cerned about the problem and ical task" and could further delay we will deal with it." HarvardProf., Hyman Discuss Reagan Court by John K. Lapiana Campaigning under the ban"not letting Jerry Falwell get hold of the Supreme Court," Walter Mondale warned voters that re-electing Ronald Reagan would allow the Moral Majority to play an important role in the selection of new judges to the nation's highest court. That would, in turn, he said, open American jurisprudence to fundamental a reversion to sancchange tioned racial discrimination, court approved sexism, and severely limited civil and criminal rights. Democrats predicted (and still do) that Reagan would appoint reactionary conservatives to the bench when positions opened, ensuring that the civil liberties gained under the Warren Court, integration, abortion, search and seizure rights—would be quickly overturned or severely limited. ner of — However, claims Harvard proevent was sponsored by the UB fessor William Kristol, these conFederalists Society, a group of cerns just mirror the "hysteria" "conservative and libertarian" gripping American liberals over law students. the prospect that the Supreme The liberals' anguish can be Court may actually begin swingtraced to the ages of the current ing consistently to the right for Supreme Court justices. Except the first time since the New Deal. for William Rehnquist and "All this nervousness is reSandra Day O'Connor; the migiscent of when Nixon apbench's two most conservative pointed the Burger Court (in the members, all the justices are early 19705)," noted Kristol, a over 70, and, in many instances, self-described "Academic for not in the best of health. The Reagan." "Everybody was exCourt's liberal wing, Thurgood pecting a conservative backlash Marshall and William J. Brennan, and actually very little happened. have both vowed to outlive the Things aren't going to be that 74-year-old president, hoping his bad or different under a Reagan successor will appoint less "reaccourt, either." Kristol, a political scientist at Harvard's John F. Kennedy School of Government, was on campus last week speaking along with UB law professor Jacob Hyman on the future of by Jeff H. Stern civil rights under a Reagan appointed Supreme Court. The Public and private strategies to promote industrial development and halt economic decline were the topics of discussion at a March 8 Conference on Economic Development, held in O'Brian Hall Room 210. The day-long conference, sponsored by the Baldy Centerfor Law and Social Policy, featured talks by prominent legislators, economists and attorneys on various aspects of economic development. Following their talks, the speakers answered questions from an audience of about fifty, comprised of students and educators from the law school and School of Urban Planning as well as interested members of the com- — tion?" deadpanned Kristol, adding that the same argument that used to be used by liberals to fight racial discrimination is now employed by a "so-called conservative" court to strike down sex based restrictions. Even if the liberals' "worst nightmare" were to be realized have been far from the reactionary nightmares most partisan [in which the President appoints two or three "aggressive" conliberal envisioned. In a recent Minnesota case vervative jurists], Kristol predicted that the repercussions on against the JayCees, for example, the Supreme Court upheld a established civil liberties would be minor. "The obvious target state decision opening the formerly all-male ranks of the would be abortion," he preJayCees to women. "What ever dicted. "It is unlikely that Roe v. Wade (legalizing abortion) would happened to freedomofassociacontinued tm page X Economic Development Conference Ponders Industrial Strategy munity. .... UIB Law Professor Jacob Hyman deft) and Harvard Professor WHliam Krtslol (riglu) discus* implications ofReagan Supreme Court. than tionary" replacements Reagan would. There is panic among liberals that four more years of Reagan will signal the end of civil liberties in America," Kristol said this despite the fact that many recent Supreme Court decisions The conference was divided into a morning and afternoon seasion. The focus of the morning's agenda was private initia- fives aimed at preventing plant closings and saving jobs. The afternoon's discussions dealt with the role of all levels of government in formulating economic development policies to attract of closing to buy up the company's stock, thereby saving the company and their jobs. Peter Pitegoff, an attorney for the Industrial Cooperative As sociaton, explained that em- new industries to Buffalo and ployee buyouts are typically acOther "rust belt" cities those complished by means of an Emwhich, like Buffalo, are exployee Stock Option Plan (ESOP) a trust fund set up by the corperiencing manufacturing plant shutdowns and widespread unporation for the benefit of its employment. workers. By investing pension The morning session opened and loan monies into the ESOP, with a discussion of "employee the workers gradually buy up shares of the company's stock plant buyouts," novel legal arrangements which enable the until they own the company itemployees of a plant in danger continued on page H — — Inside the Opinion: The Onion!!! It'll make you laugh; it'll make you cry. �March 27, 1985 Volume 25 No. 12 Editor-in-Chief: Robbert M.Cozzie Managing Editor: Victor R. Siclari NewsEditor: Randy Donatelli Features Editor: Andy H. Viets Business Manager: John K. Lapiana Staff: Sarah Ayer, Tim Burvid, Victor J. D'Angelo, Cliff Falk, Paul W. Kullman, Pudge Meyer, Gina Peca, Jerry O'Connor, Lionel Rigler, Raul Rodriguez, Lisa M. Roy, Peter Scribner, Jeff H. Stern, Alan D. Stewart, Tony Torres. © Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of theEditorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The following letters are dated March 12 and March 18, respectively. The former was a followup letter to the petition concerning the fourth floor student lounge. The latter is the Dean's available of an equal quality. response. Dear Rich: Dear Dean Headrick: As explained to you in my office on March 12,1 am looking at Sincerely, Richard E. Gottlieb President Student Bar Association I The Board of Directors of the Student Bar Association met yesterday, March 11, and raised the issue of the letter recently sent to you concerning the fourth floor student lounge. It has been brought to my atComposition and Design: Words and Graphics, Inc. tention that you have not formally responded to this letter. In consideration of the fact that the Editorial letter was signed by every major student organization at the law school, and in all due respect, I ask that you provide the SBA and the other organizations with a When the incidence of violent crimes on a college campus formal response. Such response takes a sharp upturn, questions are raised concerning how to should indicate the school's inprovide a safe environment for those who live there. Here at tentions for the fourth floor U/B, the Public Safety Department has launched a vigorous lounge, as well as what actions publicity campaign to convince the campus community and will be taken on behalf of the stuadministration that allowing its officers to carry firearms is dents in the event that the lounge will be renovated for use by the the best way to accomplish that end. The argument is not without merit. Professional criminals secretarial staff. Reiterating our earlier convercarrying deadly weapons from time to time pay our two camsation, I hope that the proposed puses unwelcome visits, and commit serious crimes against measure will not go into effect. students. The Opinion agrees that there must be a point at However, if such measure is which the president of a large university makes the decision deemed necessary, it is my and to arm the campus officers especially if those officers are the students' hopes that alterna- Don't Jump the Gun — tive smoking facilities will be made as fully trained and qualified as any you would encounter from a municipal police department. (We expressly withhold judgment as to whether this is so at U/B.) But given the highly controversial nature of the issue, the decision to have an armed campus police force should be Dear Editors: reached only as a last resort, when other crime prevention and deterrence measures have proven ineffective. A survey I am writing this letter by way of the situation reveals that much can be done to enhance of response to your editorial consafety on university property short of giving .officers guns. tained in the March 13 edition of The Opinion and Ms. Gibson's Lighting especially on the Main Street campus is woeletter also contained therein, fully inadequate. Shockingly, dormitories on both campuses concerning the Law Library are unlocked and unguarded. The proposed "blue light" change machine. emergency phone system has not been, and may never be, The problem is apparent. The installed. Town police are wholly unfamiliar with the Amherst issues are clearly drawn out and campus and no serious coordination exists between that de- need not be repeated here. The partment and Public Safety. Moreover, while the number of solutions offered, however, campuses has increased from one to two since 1970, the seem inadequate with regard to number of public safety officers has diminished from 50 to the ends desired. I beg leave to 36 during the same period. Currently, only two patrol cars submit an alternative solution. provide nightly vigilance over both campuses. When an arrest has to be made, one of those patrol cars must go downtown to central booking, leaving only one patrol car to cover both campuses. TO: Members of the Law We think that improvements in these areas would signifiStudent Division Execucantly reduce the number of crimes committed on U/B tive Committee grounds. Allowing public safety officers to wield .38 caliber FROM: Christine J. Kicinski, revolvers before taking these less drastic measures would be Chairperson, Nominatputting the crime prevention cart before its horse. ing Committee An argument advanced by Donald Kreger, public safety ofElections of LSD Officers will ficer and union representative, is that a university which fails take place at our next meeting, to arm its officers may be sued on negligence grounds by currently scheduled for April 19 victims of violentcrimes occurring on campus. While it is true in New York City. that a university must take "reasonable precautions" to proThe Nominating Committee will vide on-campus residents with adequate security, no court submit a slate of all Executive has come close to holding that to do so requires a university Committee members prior to the April meeting. Following are the to maintain an armed police force. procedures for this year's elecSignificantly, some courts have analogized the duty a unition: versity owes its dorm residents to that which a landlord owes 1. Nominations will be considhis tenants. Landlords do not have to provide their tenants ered for the following offices: with an armed security force, but they do have to provide Chairperson them with adequate lighting and locked entranceways, among Vice-Chairperson other things. If anything, the university's lack of attention to Secretary these methods of crime prevention is likely to be deemed a Treasurer failure to take "reasonable" security precautions. Similarly, a 2. Submit a resume and cover court will be more likely to find a university liable for failure to take "reasonable precautions" if there is a lack of manpower than if there is an absence of firepower. Further, evena university with a fully armed police force may not be immune from by Tom Jipping tort liability if other aspects of its crime prevention program What are the who good guns if carry are insufficient. officers A new law student organizathem are not available? tion has formed and received its The Opinion does not categorically reject the notion of an charterfrom the Student Bar Asarmed public safety department. But we do view the arming sociation on Monday, March 18. ofthe campus officers as a rather drastic measure at this point The Law Student Right to Life be the in implemented only force of a one that should Association is a group of pro-life persistent violent crime problem which can not be alleviated students dedicated to adding by more "reasonable" safety precautions. Let's take things theirperspectives, concerns, and one step at a time. Then, we'll see about guns. important information to the law various ways to accommodate some expected staff expansion and the projected expansion of our faculty, which has grown 20% during my deanship without any change in space allocation, and when I have the cost information needed to assess the realities of several options, I will . . . Fate of Student Lounge air any plans I am considering Any discussion prior to getting the necessary information is somewhat premature. Moreover given the speed at which any building changes occur in the University the Koren Center took four years to put in place after plans were drawn/ and the movement of classroom seats from 112 to 108 and 109 took three years student passion — — generated by some preliminary consultation with my staff seems somewhat overdone at this stage. It is an issue that will in all likelihood outlive my deanship. Yours sincerely, Thomas E. Headrick Famine Relief Fund Dear Members of the Student Bar Association: Thank you foryour very generous donation of $270.00 to the African Famine Relief Fund. As you know, this tragedy is one ofmonumental proportions. Nearly 150 million helpless men, women and children in 27 African countries are starving to death because of the severe and prolonged drought that has caused this century's worst famine. Your contribution, already forwarded, has been used to pro- vide food and medical supplies to victims of the famine, and has helped to lessen the challenge facing the International Red Cross workers in Africa. It is a tribute to the people of Western New York that so many of our neighbors have reached out to touch the lives of the victims of this disaster. So often we think that a single donation cannot make a difference; your gift has very possibly saved a life. Thank you. Sincerely, Sue S. Gardner Chapter Chairman American Red Cross Student Urges "95% Solution" — — Rather than giving $1 worth of nance/collection charged, to change fore every dollar in- fund additional service days, or serted, perhaps the machine to underwrite the purchase of an should be altered to return 950. additional machine. The change machine is essenThe immediate result of this alteration would be threefold. tially just another vending First, non-law library users will machine. Like the ones that sell seek alternative sources for us food, drink, and copies, the change. Secondly, law library change machine must directly or users will realize that the indirectly create sufficient revenues to cover the costs of machine is actually only a convenience and not the necessity operating it. This is how the exiswe've come to think of it as. Fi-' tence of machines is justified.Innally, the law library will gross a cluded in the benefits already nickel per dollar profit which may mentioned, this alteration would internalize profits which are prebe used to offset current maintesently being lost to the vending machine opposite the second floor Library entrance, which, in turn, might postpone the inevitletter as soon as possible to: able increase in the price of Ms. Christine J. Kicinski copies, implicitly recognized in 170 West End Avenue, #290 Ms. Gibson's letter. New York, NY 10023 I feel that Tf the problem is one In your letter indicate the pos- LSD to Hold Election ition you are interested in, your qualifications and any al- of excessive demand com- pounded by insufficient funds, tive Committee members, informing them of the choices of the Nominating Committee. 5. Officers will be elected at the this "95% solution" makes a good deal of sense. Of course, I realize that free market arguments are normally met with some resistance by the student body. Considering the benefits of this solution, along with the fact that there are other methods of obtaining change available, leads me to conclude that this alternative should at least be considered. Should you have any questions, please do not hesitate to contact me. Sincerely, Christopher Doyle First-year student ternative position you might be interested in. 3. Shortly afterMarch 23, copies of all resumes and letters will be sent to the other members ofthe Nominating Committee. 4. Prior to the April meeting a notice will be sent to all Execu- April meeting. SBA Charters Right to Life — 6 TheOpinion March27,1985 school community concerning some of the most significant legal, moral, political, religious, and social issues of our time the gorup of related matters subsumed under the label "the abortion issue." The group hopes to sponsor speakers, secure books for the law library, distribute literature, show films, and participate in — other activities that will inform others about the nature and implications of abortion, alternative solutions to problem pregnancies, and related matters. Anyone interested in learning more about or participating in the gorup can contact Donna Smith, Art Scinta, Bonnie Berger, Tom Jipping, Karen Urbano, or any other member. �CDO, Alumni Sponsor Panel on Real Estate by Victor R. Siclari On Wednesday, March 13, the time commitment. In addition, a buyer may want title insurance, a minimum of $250. This is usually done by a titleexaminer. Keenan said there are only about a dozen attorneys in the area that provide such a service. Some may charge less than $250, which is less than the cost of the attorney's time according to Keenan. However, what they lose out on price, they make up for by volume. Keenan said that there are not many openings for attorneys in the field of private real estate closings; most are done by general practitioners. Also, they are not highly regarded among the other lawyers. However, real estate in general has become more commercialized and thus more Career Development Office and the Alumni Office jointly sponsored a career panel on Real Estate Practice. The three-attorney panel was moderated by Bernie Friedman, a U/B alumni. The 'first speaker was William Keenan, a 1967 U/B graduate and senior partner in the firm of HeimerlStillerKeenan and Longo. His topic was title practice and private real estate closings. Keenan described basically four components in the sale of a residence. First, there is a listing contract between the broker and the seller. This contract binds the two parties, usually for an exclusive term of six months, in which the broker agrees to advertise the seller's house toprospective customers. complicated. Richard Day, of Saperston Day Lustig Gallick Kirschner & Gaglione, explained how much more complicated and commercialized real estate transactions have become; As Day explained, banks no longer keep mortgages; they sell them to a secondary market. Law firms put together large pool portfolios of mortgages which are sold to institutional buyers, such a pension plans with large sums of money to invest. This is a relatively new practice Once a prospective buyer is found, he signs a sale contract with the seller. This usually is a broad agreement for the sale of the real estate and all improvements(i.e., house) and amenities (utilities). It describes the location and financing arrangement, and sets a price and date for closing. The third step is a lending transaction, also known as a mortgage, between the buyer and lender. The lender will appraise the property's value and set up financing, which can be an FHA or Gl mortgage, both of which are insured, or a conventional mortgage, which is not insured. The conventional mortgage can be either fixed, in which there is a set interest rate, or variable, in which the interest rate slides according to certain indices (such as the prime lending rate) with caps of a maximum and minimum interest rate. The final stage is title examination where the seller prepares a that has evolved as a result of the escalating interest rates. Since most mortgages carry interest rates in the single digits, banks see them as losing investments. So they sell a pool of mortgages at a discount so they can realize a reasonable rate of return by reinvesting the pro- ceeds into higher yield investments. As general counsel for Goldome, his firm has been involved in such-transactions. When a law firm is not on retainer, it can command an hourly fee of $65-$ lOO for negotiation between the survey to determine if the title is marketable and has no defects. This is then turned over to the lender who uses it to determine if the mortgage is the first lien on the property and thus, is secured. The bank then requires a promissory note and mortgage on the property. The deal is closed when the buyer receives the deed and the seller his money. Keenan explained that the attorneys are the ones who make the money. There usually is a different attorney to represent the seller, buyer and lender in order to ensure that the interests of eachindividual are protected. He said, and the other attorneys on the panel agreed, that a fee of at least $550 is necessary for a closing because of the attorney's clientand broker or the client and the buyer. Another major real estate transaction which the firm has become involved in is Industrial Development . Agency (IDA) bonds. Under the Internal Revenue Code, a new section was instituted which allows a private party to benefit from the taxexempt status of an agency through a complicated and con- client pays rent to the ECIDA which corresponds to the length and amount of the bond. Since the IDA bond (loan from the bank) pays back interest at a lower, tax-free rate to the bank, the client also realizes this tax benefit by paying a smaller rent. Thus, the bank receives tax-free interest which it can pass directly to the client in a form of lower rent to cover the IDA bond repayment. Although ECIDA holds title to the property during this time, the client usually has the option of purchasing at the end of the lease term for a nominal rate of $1, which of course he exercises. Day says that since all the parties have the counsel of attorneys, the attorneys again benefit. Of course, that is if the client decides after a cost-benefit analysis that the money spent on the arrangement is greater than the money that would be spent on the higher rate of interest for a commercial loan. The third attorney to speak was V. Douglas Errico from Albrecht Maguire Heffern & Gregg. His topic focused on another relatively new aspect of real estate practice: condominium purchases and conversions. As a community association (condominium) attorney, Errico deals with condominiums, 'own houses and community developments. This requires one to be a good real estate attorney because you deal not only with the owners and sellers, but with other attorneys, banks and title examiners. Often other law firms come to his firm for advice be- cause of its expertise and specialization in this new field. Errico's responsibility often includes consideration of tax planning in a conversion to a condominium.The objective is to get capital gains treatment (which is a lower taxation rate) on a conversion, especially since the basis (original cost) in the property is usually either very low or has been depleted from past depreciation deductions. If the owner is characterized as a dealer, he is taxed at ordinary income rates instead of capital gains rates. Thus, the conversion is not done by the owner unless he is very careful. The next steps are finding financing, and negotiating and finalizing the deal. The firm usually also arranges end-loans, which are mortgages or loans for the buyers of the units. Since the Martin Act of the NewYork General Business Law includes condominiums under the definition of securities (unlike the federal securities laws), a prospectus or offering plan must be drafted by the attorney. The prospectus is a thich booklet which describesvarious physical and financial aspects of the condominium and usually takes about 80 hours for the attorney to draft. Once the prospectus is filed and accepted by the New York Attorney General, the condo units can be sold. However, if the conversion is private and the units are not offered for sale to the public, the owner may be exempted from filing a prospectus. Even after the units are sold, the attorney's job does not end. Errico represents the condo associations and deals with day-today mattes concerning condominium law. Since New York is not a community law state, Errico must constantly keep abreast of the case law in community law states such as California and Florida for authority. He must also enforce the restrictive convenants in the condo purchase agreements or else they are treated as waived. Some of the more menial, yet most emotional, issues concern the parking rights of owners, dog defecation and collection of monthly maintenance fees. Overall, Errico says condominium purchases and conversions recently has become an expanding field since Buffalo lags five to ten years behind everyone else. It is not piecemeal work, but a hugh project which can lead to a lot of creativity and complications. One of the bad points is dealing with the attorney general's office, located in the World Trade Center. Errico describes them as being in their ivory tower, protecting the public at the expense of the development of New York State. Sometimes they resort to unjust arm-twisting, forcing you to give into demands so you can get the acceptance letter which authorizes you to legally sell the condo units. However, for every hour they put in they are paid $100-$l2O. Based on an 80-100 hour project this can mean a payment of $7,000 to $30,000. Who's Been Eating in My Carrell? by Ellen M. Gibson, Director of the Law Library, Associate Dean for Legal Information Services The ban on eating and drinking in the Law Library will be enforced after Spring break. The reasons: conservation of the book collection, preservation of our furniture and remaining shreds of carpeting, and last but not least, elimination of sticky, lured in by our garbage, will start eating our books, making nests in our upholstered furniture and so forth. Once entrenched, these creatures are almost impossible to dislodge. Ask anyone at the Cornell Law Library about the silverfish that literally live on their session laws. We hope for the voluntary cooperation of the law students in this conservation effort. We on the library staff do not relish the police role. However, given the seriousness of the problem, we intend to enforce the ban. smelly garbage (See picture of display case). When George Cunha, a nationally known expert on conservation of library collections, visited our library recently, he was appalled eft the danger to our collection posed by lax enforcement of voluted series of transactions. Through a sale and leaseback arrangement, a bank loans money to an Erie County IDA the ban on food and drink. The (ECIDA) to buy and renovate dangers are of the living variety: property in the community. silverfish, bookworms, cocECIDA then leases the property kroaches, carpet beetles, rats end to a private party (client). The mice. These creatures, once Trend Among Lawyers: Limit Hours Worked by Audrey Koscieiniak Part-time employment on a temporary basis by women attorneys following the birth of a child, is the most acceptable among legal employers. However, most firms do not have a set policy for maternity (let alone paternity) leave. Individual arrangements are made on an ad hoc basis. If you want anything other than Law practice often involves a substantial number of work hours per week. For some law graduates, it is a commitment they are unwilling or unable to make. Family obligations, lifestyle preference, and personal values are some of the reasons full-time, permanent employattorneys are looking for positions which allow them time for ment, you will need to gather the "life beyond the firm" they your lawlerly skills of persuasion and break new ground. deem important. Thero are three types of arLaw graduate interest in parttime employment is a response rangements which can be made. to this situation. Carol Kanarek, Each puts a cap on the hours an of the firm of Kanarek & Shaw, individual needs to work. Each has advantages and disadvanLegal Search Consultants, addressed this trend at the recent tages. The best option to choose Northeast Regional meeting of depends on the individual cirthe NationalAssociation for Law cumstances. Permanent Part-Time is the Placement. first option. It allows for predict- able hours and a set paycheck. These positions are hard to come by. To improve your chances of obtaining this kind of an arrangement, Ms. Kanarek suggested the following: 1. Establish yourself as a fulltime lawyer first. Employers are most likely to respond positively to your request for a lim- ited-hours arrangement once you have established yourself as a hard-working, reputable at- torney. 2. Be prepared to sell yourself to the employer. The steps here are: a. Stay on top of what is "hot" in the-profession. That is, specialize in fields of law in which lawyers are in demand (e.g., ERISA, "blue sky" laws); b. Review everything you have done in a legal career so you know what you have to offer an employer. Don't be shy about your accomplishments; c. Analyze specific needs of specific employers. Be the an swerto an employer's prayers. 3. Emphasize what you can do for the employer, not what the employer can do for you. If you have done Step #2 above, this is less of a problem. 4. Anticipate the employer's concerns. The most common are: a. Your availability for clients; b. Your availability for rush projects; c. Office space and overhead expenses; d. How you would be paid (e.g., salary, hourly, per project); c. Benefits. Have answers which assure an employer that these "obstacles" are surmountable. Even better, take this opportunity to bring out some of the advantages of having someone employed on this more limited basis. 5. An employer with a position which is difficult to fill may consider getting a part-time person. Being an Independent Contractor is a second career option which may give you the working hours you want. The largest number of part-timers fall in this category. Work is done on a per continued on page 10 March 27,1985 The Opinion 7 �Legal Commentary Enlightened Crowd Irked by Kristol by Randy Donafill would appoint Justices to the Supreme Court if Reagan were reelected. Kristol then speculated on what the Supreme Court might do if Reagan had the opportunity to appoint several justices. A partial rollback of Roe v. Wade could be expected. But even the reversal of that decision, as Kristol noted, would return us to the The message of Professor William Kristol's opening statement delivered at the March 14th forum on the Supreme Court and the future of civil rights litigation was, no doubt, foreign to this law school. In fact, most of the 70 or so spectators whoattended this event were downright bothered over what Kristol, a professor from the John F. Kenstatus quo of 1973, i.e., the states nedy School of Government, through their legislatures would Harvard University, had to say decide the issue. Kristol stated about such issues as affirmative that few if any significant civil action and busing. Kristol's ap- rights precedents would be overpeal for reinvigorated constituturned. tional self-government through Why are people so upset over judicial restraint was a bit much the prospects of a "conservafor most of the spectators to tive" Supreme Court? Kristol hypothesized that the symbolic stomach. Kristol's opening was followed effect of a non-activist Supreme by remarks from U/B Law ProfesCourt would force liberals to do sor Jacob Hyman and questions what they did not do in the 60's, from the audience. Depsite the 70's and 80's, that is, take their presence of this conservative left-liberal agenda to the legislascholar, the spectators managed tures and the people. This prosto keep their composure, and for pect scares them because althis they deserve our praise. though they continually speak of — — The Burger Court, in Kristol's view, has generally reaffirmed most of the Warren Court's precedents, and in some areas, like abortion and affirmative action, the Burger Court has been even more maverick thanits predecessor. Only on certain Fourth Amendment questions has the Burger Court retreated from major Warren Court precedents. Kristol continually spoke of the Burger Court as the Reagan Court. However, this is misleading because only one Justice has been appointed by Reagan. Kristol criticized Walter Mondale and others who insisted during the 1984 campaign that Jerry Falwell government's positive role in solving society's problems, they fear legislatures are a threat to their notion of civil rights. Reinvigorating constitutional selfgovernment via judicial restraint, says Kristol, will be the likely and desirable outcomeof a conservative Supreme Court. Unfortunately, Kristol ignored the federal judiciary's other components, namely the district courts and circuit courts of appeal. The Supreme Court receives most of the attention, but these other federal courts are largely responsible for many of the wrongs Kristol seemingly attributes only to the Supreme will take several more conservative presidents to reduce the judicial activism of Court. It these lower courts. Incidentally, if the concepts of federalism, self-government, judicial restraint, and separation of powers sound unfamiliar to many of you; you're right! You've probably never heard them mentioned in O'Brian Hall. Professor Hyman then commented on Kristol's opening statement. He started by setting the record straight; saying, in effect, this law school is not as leftwing or intellectually unbalanced as Kristol would have us believe. Professor Hyman is correct. Just count how many conservative scholars we have here!!! You may need an abacus to do it. Hyman agreed that liberals should look to legislatures more than they have in the past. He criticized conservatives for not having enough faith in the problem-solving capabilities of government. Yet as Hyman spoke, one got the impression that he and other liberals are uncomfortable about entrusting too much of this problem-solving to the one branch of government most accountable to the people the — legislature. Judging by audience reaction, Professor Hyman was certainly the mostpopular professor at the podium. Professor Kristol came in second. forum concluded with The questions from the audience. Kristol had to continually assure the audience that even with a Reagan Supreme Court, Brown v. Board ofEducation would still be safe. Most of the questions centered on affirmation action and other court ordered "race conscious remedies." However, several of the questions sounded much like editorials. Byfarthe most intriguing query came from a student who asked whether it was likely a Reagan Supreme Court could also be activist in its own way by being a proponent of conservative social policy. Kristol said this prospect was unlikely. This was really the crucial question because a truly conservative justice is guided by the principles of constraint and respect for law, not by considerations of social or public policy. That there exists a difference between constitutional law and public policy is the underlying theme of Kristol's message. All too often one hears the cry that a law is unconstitutional because it is contrary to sound public policy. We must remember that a bad law is not necessarily an unconstitutional law. Unfortunately, there are few who understand this distinction. Editors Note: The views expressed in this article are solely that of the author and reflect his personal evaulation of the lecture. Open House Hosts 20 by Victor Siclari On Friday, March 15, U/B Law School hosted an Open House Meeting for prospective students. Organized by Eduardo Mejias, the open house was attended by about twenty prospective students and lasted most of the afternoon. The prospective students were treated to coffee and danish as they were deluged with information about the school. Dean of Admissions and Student Affairs Alan Carroll, Assistant Dean of Admissions and Student Affairs Vivian Garcia, Graduate Assistant for Admissions Matthew Fusco, and Professors Dianne Avery, Charles Carr, Alan Freeman, Betty Mensch, and Wade Newhouse each gave their own description of the law school and its composition. Professor Newhouse was particularly effective in detailing the his- tory of the school since he has been teaching, here for close to thirty years. The next portion of the afternoon involved student feedback on the law school. After the teachcers left, student leaders from organizations such as The Opinion, Buffalo Law Review, Desmond Moot Court Board, BLSA and Environmental Law Society presented their views on the law school, faculty and environment. Also participating was Lionel Rigler, graduate assistant for public interest careers. The prospective students' main concerns seemed centered on two issues: financial aid and placement. BothSteve Wickmark and Audrey Koscieiniak were there to answer questions on the two subjects respectively. Even Dean Thomas Headrick stopped by to answer questions from the students. Mejias said the next open house meeting is scheduled for Friday, April 26. Any and all student organizations are encouraged to send a representative to the meeting. Public Interest Lists Placement Resources wide. We receive these listings in installments from February by Lionel Rigler, Graduate Assistant for through May, so check periodically for additions. Information The following is a list of public on staffing needs, organizational interest resources available at descriptions and projects is espethe school. It is by no means cially valuable. Past volumes exhaustive but covers some of provide a comprehensive listing of agencies and programs nathe basics. For further informaPublic Interest Centers tion consult the "Public Interest Bibliography" available in the Career Development Office, Room 309. Job Listings tionwide. National and Federal Legal — — Employment Report (Monthly on reserve in the Law Library) Comprehensive listing of current legal openings (mostly permanent positions) nationwide: Federal Government jobs in Washington, D.C., throughout the country, and abroad; other Washington, D.C. area jobs; legal services; the corporate.area is well covered; state and local government; and university positions. Listings contain job descriptions, requirements, and salary, as well as application pro- New York City Graduate Intern Program —When we receive the 1985 edition of this book in midApril it will be available in Room 309. It lists 300 summer jobs available in projects done by New York City agencies for the summer. Approximately 80 of these jobs are law or legal-related. These jobs pay well and provide valuable experience. The 1984 book is available in my office cedures. 7985 Summer Legal Employ(Room 627 O'Brian) in the interim. Public Interest Directory/Har- ment Guide, published by NFLER (Room 308) Lists summer opvard University (Room 308) Compiled for its own students, portunities available in over 150 the directory has just come out. public, private, and international in primarily organizations, It lists social action organizations, public interest law centers, Washington, D.C, but also nationwide. legal service and defender programs, and government offices Clearinghouse Review Job located nationwide. Its most Market, published by the Naunique listing is of private law tional Clearinghouse for Legal firms that have public interest Services (Monthly Room 308) Current openings in Legal Serand human services-oriented law practices. vices/Aid Offices nationwide, as Harvard Pro Bono (Room 308) well as other positions, e.g., pre1985 edition contains current paid legal services organizations. Position, background of organilistings for summer and permanent positions in public interest/ zation, responsibilities, qualificaservice agencies located nation- tions, salary, and benefits. — — — — 8 The Opinion March 27,1985 — Cornerstone, published by the National Legal Aid and Defender's Association (Bi-monthly Room 308) Lists civil and defender jobs available nationwide; articles on issues of current concern to the — — legal aid/service community. Community Jobs (Monthly Room 309) Social Action Agen- — — cies advertise their summer and permanent openings available nationwide. Articles provide val- uable insights to job seekers. Agency Listings Directory of Legal Aid and De- fender Offices 1983 (US/01.44 D573 Reference Area, Law Li- — — brary) Complete listing of Legal Services (civil) and Legal Aid (criminal) offices by city and state as well as those organizations concentrating on specific concerns, e.g., consumer, housing, prisoner rights law. Good Works A Guide to Social Change Careers 1982 (On reserve at the Law Library) Excellent directory of social activist organizations located nation- — — wide. Lists their purpose, constituency, job titles of those on staff, issues and projects, and funding. The section profiling those in public interest agencies is inspirational. Indexed by agency's majro concerns, e.g., education, economic democracy, technical assistance, urban problems. Encyclopedia of Associations 1985(Annual US/01.44 E62 Reference Area, Law Library) An excellent comprehensive source of information concerning nonprofit organizations; most current information of staff size and —— activities. Use it to update information contained in more dated directories, especially useful to determine contact persons. Washington Representative 1984 (US/01.4 W37 Reference Desk, Law Library) Two valuable listings for those considering working in the District ofColumbia. The first, lobbyists and law firms and who they represent. The second, national organizations, special interest labor unions, and groups, foreign concerns and who represents them. State Executive Directory, Winter 1984 (US/01.47 573 Reference Desk, Law Library) Published three times a year. Names and addresses for all State Offices, theirexecutives, directors, and department heads; cross-indexed by subjects, e.g., civil rights, mental health, public utility regulation. — — — — Career Development Office Job Postings (Glass case outside Room 311) Listings for — summer, permanent, and academic year positions, including law clerks, research assistants, and judicial clerkships. Each job has a number which can be looked up in the job book and further researched. Follow the instructions to apply for the position. 1984/85 Questionnaire (Room 308) — Responses to question- naires we sent out to the largest public interest and legal services office nationwide. Information on staffing needs, organizational descriptions, and descriptive literature. Association of Women Law Students Alumni Directory (Room 308 and AWLS Office, Room 10 basement) Name, address, phone number, type of law practice and work done for graduates in a number of different areas of law; public interest, courts, corporate government, and universities. Alumni Directories (Room 309) Names, addresses, and phone numbers for graduates in Rochester, Albany, Washington, D.C. and New York City. — — — ATTENTION: AH SBA-Sponsored Organizations Please submit a list of your newly-elected officers and their positions for publication in the next issue of The Opinion so students will have a guide to student organizations and their officers. Deadline: Wednesday, April 17 — �Commentary Grade Survey Indicates Reform Needed _ Un . by Robert M Cozzie, Editor in-Chief • 7, the Student Bar Association held a referendum 0 March 6 and -» .■ —._ on the grading system. While the referendum was non-binding it was supposedly used to gauge student reaction to the present H-Q-DF method. A not-so-overwhelming majority of the less-than-spectacular turnout indicated that the law student voters had no objection to the current grade differentiation. As a public service to the unconcerned (i.e., those who voted in favor of maintaining the grading system) and the apathetic (who did not vote at all). The Opinion has compiled a list of the grades distributed for the fall semester. Methodology The table charts the instructors alphabetically, the course(s) they taught, and the grades they assigned for that class. The rating was determined by correlating point scores with the letter grades. An "H" equals 4; a "Q" equals 3; "D"'s and "F"'s received values of 2 and 1, respectively. Scores of "H*" were combined with "H"'s, but "Q*"'s, which have grudging acceptance, were recognized and assigned a score of 3.5. Like the determination of a student's grades, these values were given arbitrarily. The rating was determined by multiplying the number of letter grades by the point value for that grade. The scores were totalled and the rating was found by dividing the total point score by the total number of grades distributed in that class. An analysis of the rating and the method by which it is obtained indicates that the closer a rating is to 4, the more "lenient," and conversely the closer to 1 the more "difficult" the instructor is as a grader. Grades which reflect a "bell curve" distribution will have a rating between 2.9 and 3.1 because the "Q" equals 3.0; however, an examination of the actual grades given is necessary for such an ani? lvsis Analysis What does all this mean? Perhaps nothing, but then again, it may indicate that the present grading system has no merit and is deficient in several aspects. Consider the following: 1) Of the 2872 grades given out having H-Q-D-F values, 30% (857) were a Q* or H (and H*); 2) Only 5.4% of the grade's were a D or F (only 4% actually received an F); 3) Of the 60 instructors who had posted grades as of Wednesday, March 20, 1985.(including independent study and clinics), 55% (33) did not issue any grade lower than a Q; 4) For the 1049 grades issued by these 33 instructors, 33% (344) were H's, 60% were Q's, and 7% were Q*'s; however, these 33 instructors also accounted for 47% of the total number of H's, 34% of all the Q's, and an astounding 75% of the Q*'s despite issuing only 37% of the total grades for the fall semester; 5) The" remaining 27 instructors were responsible for 1823 individual grades of which 394 (22%) were H's, 44 (2%) were Q*'s, 1231 (67%) were Q's, 142 (8%) were D's, and 12 (1%) were F grades; 6) The average class size for the 33 instructors above was 32 students with a grade breakdown of an average of 11 H's, 19 Q's and 2 Q*'s, while the average class size for the remaining 27 courses was 68 students of which an average of 14.5 received H's, 2 received Q*'s, 45.5 received Q's, 5.5 received D's, and .5 were given an F. The multiplicity of grades utilized by the class instructors in the Law School is thus merely form over substances as grading is relatively top-heavy (i.e., within the Q to H range) and barely reflects the standard "bell curve." While not attempting to detractfrom the qualifications of my fellow law students, the current grading system, with its present application, does not accurately measure the students' understanding of the course material or class progress. - Commentary This brings us to the point for which this survey was compiled an evaluation of the present grading system. First, as everyprospective employer wants to know, what are Q's and H's? The definitionof Q is "qualified" and of H, "honors." But if one is "qualified" in a certain subject (i.e., receives a "Q"), does not the higher grade of "H" indicate the student is "overqualified"? And from that position, how does one view a Q*, or the obscure and yet evenmore puzzling H*? An additionally disturbing proposition for the maintenance of the current grade set is that it reduces competition among the students to create an atmosphere more conducive to education and learning. Yet many students seem startled that employers who "understand" the U/B Law School grading system only wish to interview those candidates who are ranked in thetop 10% of their class (i.e., approximately 50% of their grades are H's); an ironic contradiction, at best, given the motives for the grading system. One group ultimately benefits from the system, however. It is those students who schedule their courses in accord with the directives of the University Bookstore's "legal mosaic." These erstwhile advocates, while learning the course material from such legal authorities as Messrs. Gilbert, Emanual, and Nutshell, quietly take their finals and (given the previously indicated grading bias) have a 95% chance of obtaining a grade of "Q" or better. This is what is known within the law school hierarchy as "parity"?! The question is not whether the grading system should be mainit obviously should not but in what direction the tained or not system inevitably will be drawn. Given the shortcomings of the present set-up, the administration has two options to consider: a return to the traditional A-B-C-D-F grading method, or the implementation of a new system, such as Q-NQ. The Q-NQ grades would reflect the ability of the students; he is either "qualified" (Q) or "not qualified" (NQ) with regard to his knowledge and practical application of the specific legal meterials the course addresses. Competition for grades would be minimized. Prospective employers, by reviewing a student's transcript at an interview, could easily determine if the individual is competent in those areas of the law in which he will be working. Finally, class instructors would have a set standard to differentiate, and substantiate, the grades they have distributed. While not a perfect solution, nor even reflective of the totality of available alternatives, the proposal herein should receive serious considerationfrom the law school administration in light of the problems discussed above. After all, change is an essential ingredient for development and self-improvement. — — — ■ Instructor Albert Albert Atleson Avery Bennett Berger Berger Binder Birzon Grade Course , Boyer Carpenter Carr H Administrative Law Health Care Collective Bargaining Labor Law Federal Tax I Civil Procedure Research & Writing Criminal Law Evidence Independent Study 3 5 6 10 5 17 37 17 10 1 5 Lawyer-Client Clinic Engel Ewing Criminal Law Ewing Psychology & Criminal Law Constitutional Law Lawyer-Client Clinic Debtor-Creditor Del Cotto Del Cotto Freeman Gerken Girth Girth Hager Halpern Headrick Hyman Kaplan Kaplan Sex-Based Discrimination Lawyer-Client Clinic Criminal Procedure Intro, to Policy Studies Lindgren Remedies McCarrick Lawyering Skills Mensch Contracts Future Interests International Theory Independent Study ."f*. Law & Public Education Civil Procedure Research & Writing Environmental Quality Mugel Nardin Newhouse Newhouse Olsen Olsen Reis Reis Scales-Trent Schaeftler Schaeftler Schaeftler Schlegel Schlegel Schofield Spanogle Spanogle . ..... Leary Lindgren Konefsky . . Legal Methods Municipal Law Problems in State and Local Government Criminal Law Contracts Labor History Public International Law Contracts Katz Konefsky 4 3 D Q 8 6 6 46 19 72 52 77 65 2 1 1 4 3 P Rating — — 1 — — 1 3.08 3.45 3.50 3.16 3.12 3.14 3.42 3.18 3.09 4.00 3.83 Criminal Investigations and Police Procedure Criminal Procedure Corporate Tax Federal Tax I Independent Study Carr Q* .Problems Property II Constitutional Law II Corporations (Section 1) Corporations (Section 2) .... 7 .... 1 11 18 57 18 ... 10 51 18 6 9 3 31 33 74 18 89 4 46 3 2 68 1 17 16 19 69 77 7 20 72 6 5 63 12 4 5 1 3.00 2 2.95 — 3.13 3.47 3.40 3.07 3.14 3.69 3.21 3.40 3.00 4.00 3.25 3.27 3.64 1 2 — — 5 7 1 48 20 25 52 7 5 16 18 1 22 24 53 6 15 31 42 35 34 2 44 113 — — — — — 28 53 32 6 25 3.14 3.09 1 3.19 3.00 4.00 — 3.13 3.51 3.08 4.00 1 3.05 3.40 3.75 3.24 3.88 3.19 3.39 5 4 3 18 3 8 2 3 8 1 5 10 10 22 2 5 18 5 5 13 6 3 20 22 10 5 — Independent Study Sales & Secured Transactions New York Practice Commercial Paper International Commercial Transactions Spiegelman Steinfeld New York Practice Sullivan Law Family Swartz Lawyer-Client Clinic Syczygiel Trial Technique Weinstein Zimmerman Agency & Partnership 19 38 32 71 — 11 10 8 Independent Study Research & Writing Corporations 3 6 16 18 1 16 19 8 10 26 2 6 22 7 4 12 3.89 3 3.27 1 2.82 2.77 2 2.86 4.00 3.83 3.31 3.29 1 3.17 — 1 2 —— 2 2 — — 3 — March 27,1985 The Opinion 3.35 3.58 3.36 3.09 3.15 3.60 3.45 3.20 9 �Legalses by Roy A. Mura Hickory, Dickory, Dock Hickory, dickory, dock. Your lawyer ran up the clock. The clock struck one And your lawyer's not done So everything goes into hock. Hickory, dickory, dan. Your lawyer looks so tan. His "away from the phone" Was a long way from home Yet he works as hard as he can. Hickory, dickory, doo. How come you look so blue? Hasn't justice been served? Your opponent unnerved? Or has the person who's been beaten, been you? Hickory, dickory, day. You go off your un-merrily way And vow never again Bring yourself or a friend .) To those who practice law (as should they! . The Fifth Annual Honors Convocation will be held on Wednesday, April 10 at 2:15 p.m. in the Moot Court Room. Certificates and/or cash will be awarded to second and third year students who have been nominated by faculty for outstanding performance in the 1984-1985 academic year. All intheO'Brian Hallcommunity are encouraged to attend. Ain't We Got Fun I don't know why I came here. Sometimes it makes me ill. The work's okay, it's the reading that gets me sick. I guess it always will. My doctor told me a long time ago I'd contracted a rare disease. "Fear of legal mumbo-jumbo," he called it, "Severe case of 'scripto-phobic legalese.'" So I don't know why I came here. My allergist thought it advisable. He doesn't know the climate.though. It rarely won't be miserable. I don't know why I came here. Nope And I don't intend to whine. The weather's not all bad. it's everything that stinks Most other things are fine. — there's nothing more fun or more gay to waste three years of law school away on my colorful notes or cute anecdotes while I'm thinking of something to say. ELECTIONS for editorial positions on The Opinion Thursday, April 11, 1985 at 5:30 P.M. Room 724 O'Brian All law students are eligible to run. Staff attendance is mandatory. JAECKLE CENTER FOR STATE AND LOCAL GOVERNMENT LAW presents informal box luncheons at 12:15 p.m., Fifth Floor Faculty Lounge with Lillian Roberts Commissioner of the New York State Department of Labor on Wednesday, April 10, 1985 and Dennis T. Gorski New York State Assemblyman and Chairman of the NYS Assembly's Committee on Local Government Thursday, April 11, 1985 Th« Opinion March 27,1985 10 The Dale S. Margulis Award Dale S. Margulis, of the class of 1982, died suddenly in August 1982. To honor his memory, his classmates, family and friends established the Dale S. Margulis Award. This award is presented to that member of the graduating class who has contributed most to the Law School and the comnmunity. Candidates for the award are nominated by members of the graduating class, and the. recipient is selected by the deans. , Nominations should elaborate on the contributions made by the nominee and should be submitted to Marie McLeod in Room 312 by April 15. �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape loca- tion in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and th6P.M. session given 6-10 pm. Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 March 27.1985 Tha Opinion 11 �Plans to Promote Economic Development continued from page I self. Although the employees generally have to take substantial pay cuts in orderfor the company to start making profits again, they benefit in the short run by saving their jobs, and in the long run by sharing in the profits realized by theircompany. Pitegoff said that although force, improving the city's phys- where labor is cheaper and organized, was "no basis for getting out of the contract. This was not a declining company; they just wanted to move to make more profits." The Center's vigorous lobbying efforts eventually paid off when the city filed suit against Playschool to enforce the terms ofthe IRB contract. Under a settlement agreement reached between the city and Playschool, the company was permitted to move but only after it agreed to "broker its property to a similar industry, set up a ical infrastructure and improving the quality oflife here in general. Rosenow said- that since "there's not too much you can do about" the departure from Buffalo of heavy industries like steel and flour milling, the BDC targets small, high-growth manufacturing companies, such as those involved in food processing, printing and electronics. The BDC is trying to reverse the trend of economic decline in Buffalo by "operating as a bridge to the private sector to turn theirat- only a handful of states currently have ESOP legislation in place, other states, including New York, are studying bills which would recognize the worker-owned corporate form. Such legislation would facilitate procurement of campaign to help its workers find the financing needed for emand keep on 100 workers ployee buyouts by "legitimizing" new jobs Swinney said. He confor year," a and adding legal certainty to by commenting that ecoworker-owned corporations," cluded Pitegoff explained. Dan Swinney, a representative from the Midwest Center for Labor Research, followed Pitegoff with a discussion of the role that private organizations can play in economic development. Swinney explained that the Center —a private, non-profit group comprised of local community and labor leaders works first to "identify plants in danger of closing," and then to seak ways of saving them. In one instance the Center launched a successful media and lobbying campaign to prevent a Chicago toy company from relocating its plant in violation of its Industrial Revenue Bond (IRB) contract with the city. Under that contract the Playschool company had received cheap land financing and tax incentives to locate in Chicago, in exchange for its promise not to move except under overwhelming circumstances. Swinney said that Playschool's desire to move to the south, — tention to opportunities that may exist here rather than in the south," Rosenow said. The results of new industries locating in Buffalo would be the creation of many new jobs in the area and a stabilization of the local tax base, he concluded. State Assemblyman Arthur Eve spoke next about the state's involvement in economic/development. Eve, a resident of Buffalo, complained that a lack of cooperation between area legislators, businessmen and community leaders has limited what the state can do to promote the economic recovery of the region. "The state needs to do more, but the initiative must come from the city and local governments, labor leaders, local institutions and the business community," Eve said. Under the New York state constitution, special laws, legislation which applies to only one city and does nomic development policies must monitor and guard the public interest by encouraging corporate accountability to communities." The afternoon session on the government's role in economic development began with a presentation by Charles Rosenow, President of the Buffalo Development Companies (BDC). Rosenow explained that the BDC a group of local public agencies employs a variety of strategies to attract new industries to the West- — — ern New York area. One of these startegies involves offering targeted industries tax breaks and land financing packages in order to induce them to locate in the area. The money for these incentives is allocated to the BDC primarily by a number of federally funded programs. Other development strategies employed by the BDC include offering companies discounted utility services, instituting new jobtraining programs for the area's labor not involve a matter of state-wide concern, can be passed only at the special request of the municipality. Eve said that the state legislature is prepared to provide assistance to the Western New York Single Issues of Volume 33:2 are now available in 605 O'Brian. Price: $6.00 BUFFALO LAW REVIEW I VOLUME SS Article'i Fair Use Old Forebears and New: The Betama\ Cask -and By its M.B.W. Smrlair Informers Revisited Government Surveillance of Domestic. Political Organizations and the f.ourth and flrst amendments By Dolores Donovan Comments Mennontte Board of Missions r. Attains: Insufficient Notice Under the New York In Rem Statutes Hypnotically Refreshed Testimony: In Support of the Emerging Majority and People i: Hughes Should the "Substantial Overbreadth" Doctrine Be Overhauled? The F.xampi.e of Morrisette r. Dlluorth Governmental Immunity and the Release of Dangerous Inmates from State Institutions: Can the State Get Away With Murder.' Bonk Heriev On Bruce Al in»<v s Reenii-trutlmg American Lav B\ Ootid Oregon STATEUNIVERSITY OF NEW YORK AT BUFFALO <■ Copyright © /»«! In the Buffalo Inn Hei-lnr 12 NUMBER 2 SPRING I<IH4 The Opinion March27,1985 area but "it is not getting the kind of direction it needs from the local governments." He cited the city's planned baseball stadium as one instance where the state re» sponded to Buffalo's request for assistance by providing needed funds. He also emphasized that Mayor Griffin should ask for the state's assistannce in cleaning up the area's many toxic waste sites, since the publicity they have been receiving helps discourage companies from locating here, and this thwarts economic development. The conference's last guest was United States Representative Henry Nowak (D Buffalo). Nowak spoke briefly about legislation before Congress which, if enacted, would estabish federal "enterprise zones." Companies agreeing to locate in one of over 30 small zones the legislation would create within depressed urban areaswould recieve tax incentives and credits from thefederal government, Nowak said. Reagan Court and Civil Rights I continued from too high.'" The only major pieces be overturned. Most likely it of legislation which tackled the would just be cut back." "issues of racism and sexism" But even if the Court were to were the Civil Rights Amendoverturn the landmark 1972 opin- ment to the Constitution and the ion, abortion would not be out- Civil Rights Act of 1964. "(The Supreme Court) prods lawed, he noted. The matter would only be returned to the the altruistic elements in human state legislatures to be legalized nature that need to be restimuor outlawed." lated," he said. "The legislative Busing, too, would be a likely process holds a false promise of Reagan Court target, he theor- civil rights." Hyman noted it was ized, adding however that the the courts that mandated busing, issue- is not the political "hot banned segregation, protected a potato" it was a decade ago. "A woman's right to privacy, and Reagan Court would likely stop took prayer out of the public a lot of busing, declaring that the schools all measures state and problem is solved," Kristol local governments were not inexplained. "Busing, however, is terested in taking. fading on its own accord; neither "We must continue to take adblacks nor whites are in favor of vantage of a Constitution which — it." A more conservative court would probably apply extra scrutiny in reviewing cases involving racial quotas, he said. "Quotas might be cut back." Although explicit racial hiring numbers might be sidelined, Kristol said, minority groups would not be seriously harmed. "Affirmative action is already institutionalized enough," he pointed but. "Blacks have the political power to make sure things do not return to being lily white again." While the overall effects of a Reagan Court on currently established civil rights wouldbe slight, the Harvard professor said, such a court would have a major psychological impact. "The Su- ■ preme Court could put a stamp of legitimacy on conservative thinking," he said. "It could show the populace that it's the right which is riding the wave of the future. Over "the long run" Kristol believes a conservative judicial swing will ultimately be healthy for the left while presenting new challanges to politicians of the right. "A rightist court would put pressure on conservatives who govern and complain about judicial intervention," he said. "But a Reagan Court also presenta an opportunity for liberals, who have made the mistake of letting the courts carry all theirideolog- ical baggage." Under a less friendly judiciary, liberal politicians would be forced to "take their case" to the people. "Liberals have illegitimately forced laws onto the people from the top (the courts)," the Harvard professor complained. "Now let them bring their ideas to the people and make laws through the legislatures. A Reagan Court will re-invigorate the ideals of self-government." "It is unrealistic to believe that government, being the clumsy thing that it is, can achieve the goals (of eradicating discrimination and sexism, legalizing abortion," countered Hyman. "The social and human costs would be appeals to our consciences and should be as broadly interpreted as possible," Hyman explained. "The courts cannot make radical changes, of course, but can arouse the conscience of the nation." Without a Supreme Court guarding, and in the process expanding, civil rights, less altruistic qualities of Americans would dictate the course of events, the UB professor warned. "I am appalled at the extent to which this society is permeated withracism and sexism," he said. "Currently, minorities are losing ground as the gap between them and the majority increases." Hyman admitted that the Supreme Court "cannot singlehandedly stop" racism and sexism, but, he said, the appointment of judges who believe in a more laissez-faire approach could be disastrousfor minoritiesstriving for equality. "The Supreme Court cannot solve all the problems," he said, "but we need the Court to arouse our consciences to social ills." Kristol disagreed. Such dependence opn a paternalistic court only cheapens the gains made by minorities, particularly blacks, over the last century, he said. "Blacks have freed themselves. It's wrong to ignore those efforts and say the courts really freed them. (The Supreme Court's) current attempts to serve as society's conscience are wrong." While Kristol subscribes to a theory of "wiping the slate clean" and adopting color blind standards for employment and other competitive opportunities, Hyman feels America must not forget the disadvantages blacks have encountered. "Not only must we remember the years of our heritage, we must go further," he said. "We must re- dress them." It's time to toss aside this "liberal guilt" complex, Kristol said. "If you think racism and sexism are so embeded in society, he explained, "then it's silly to think that nine men in Washington are going to make any difference." �In record numbers, people who have already signed up for BAR/BRI and Josephson are forfeiting deposits and switching to PIEPER NEW YORK-MULTISTATE BAR REVIEW If you are presently considering the selection of a bar review course, ask those who have just studied with Pieper and took the February, 1985 bar exam. They will convince you. Pieper's Proof is performance. i t Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516) 747-4311 See your Pieper Rep: 1985 Joseph Coleman Richard Gottlieb Joan Kenney Penny Rubin Richard Schaus Steven Wickmark Deborah Williams 1986 James McElhone March27,1985 The Opinion 13 �Thoughts on Floods, Mechanics and Law School developing stock portfolios by making me walk to the bus stop! The only part of my car that works is the seat belt buzzer, and that's because it gives theseguys fond memories of cash register bells. Believe me, car mechanics are a pox that must be wiped from the face of the earth! (Replace them with high school shop teachers ...) by Alan Stewart Do people in this city need something in their lives to help them take their places inhistory? If not, why is it that the snowstorms are labelled "The Blizzard of '85" and the floods were labelled the "Flood of '85?" Are we living in disaster movies or what?! I feel like I'm in Egypt during the plagues! From now on, let's just consider it some of the usual bad weather and leave it at that... One avid reader writes: "Dear Alan, Why is it that every time I purchase food on the Baldy Bridge, the price never ends with a "0" or a "5"?!! I'm sick of carrying pennies. This really (expletive deleted) me off! Signed, Steve Golden of Williamsville, New York York." "Dear Mr. Golden, Life's a (expletive deleted)! I'm not prone to generalizing (except about Buffalo), but I must state unequivocally here and now that all auto mechanics are swamp sludge! These guys are Here we have people starving due to Work-Study funds decreases, people short of food money due to mechanics' bills, and you're peeved because your onion roll doesn't cost 35 cents or some other round number! You've got problems see a doctor..." I thought it made no sense, but I understand all about the bell in the library that goes off to indicate that someone is exiting with unchecked library material. It's really programmed to gooffafter every 27 people exit. I counted last Thursday. It went off as I exited and all I had in my hand was a pen! (It was pretty de- . vocates might pull off a miracle. With less than 4 minutes to play and down by 3 goals, the AdvoThe Advocates on Ice, one of cates took a time out to regroup. the three law school entries to Seconds later, Jim Navagh this season's U/B intramural ice drilled home a rebound off a shot hockey league, was defeated in by the Advocates leading goal playoff action Monday, March scorer Kevin Szanyi. Less than a 18, at Sabreland. The Advocates minute later John Mineo set up finished the regular esason with team captain Paul McGrath who a 3 wins-2 loses mark earning fired th epuck in for the Advothem third place in the league. cates' fifth goal. With 45 seconds Leading the Advocates during left to play, the Advocates pulled the regular campaign were Kevin their goaltender Andrew Hooven (The Great One) Szanyi, John in favor of the extra attacker. The (The Enforcer) Mineo and Brian gamble seemed to pay off when (The Bull) Dennis. playmaker Mike Eschrich set up TheAdvocates on Ice fell to the Navagh in the slot for what apIce Pickles, a strong group of unpeared to be an excellent chance dergraduate'students, in the first at the tying goal. However, semifinal game by a score of 6-5. Navagh's stick shattered as he Despite being down in the game slapped the puck and the Ice Pickby scores of 3-0, 4-1 and 6-3, it les were able to clear the disk out seemedfor a minute that the Ad- of danger. organizing team number two, and to Greg Hoelsher and Brian Sutter for running team number three. 99°° ROUND TRIP MOTORCOACH TRANSPORTATION * __,__.___ TRIP DATES * March 2- March 9 March 9 -March 16 March 16 March 23 - Apn. 6 ■ Apnl . J/\* VV £ — WWSW^^ -Hi \V *•• 'ti\ i Daytona • :" TOUR RATE INCLUDES: Round Tnp Transport***. v*arconoUiontd-lavacorv ° " B" "* aVU>n • Beach Ch Fl Convtnieoi departure m mm "VB&BSS' •""■■'^e»>e»»»»e»jB»e»«»»e«jB».»e» '* tt ''**"'«—m«i m ■■ i.KtM»» *r"j**r"*g°*'*"' W ii.ni>,B» w s?s?i? iii »iii»«»i—»»ii.t<Mrti»i«ii,»« 3 TV? **1 "t—*- '*"'"-r'r ««c—^y^«^». KjKJlf "T7"" ' 2SMBNorthem Boulevard longbjond NewYoniCitv 718631 3600 The Opinion March27,1985 14 L«nited Hot* Space m ft Lauderdale and MriPK [ ItdL <j«ft iCTUamysTim i E&Jgtjya&i** ll A av\ ,_ a. „._ Airtvvp fOKI LAUDERDALE l"jl) mTjiill 13 7 Nights BOOK EARLY! ■jTcT Nat*, New York 113*3 • UMe Wester**** NwJmn 914-997-0140 others. Problems of confidentiality and conflict of interests can also arise. Full-Time Employment with resent your leaving at 5:00 p.m. and not being in the office on Saturday. The fixed hour ar- PLUS $20 TAX & SERVICE • . Fixed Hours is a third alternative. It can, however, cause morale problems in a firm. The person working 50-60 hours a week, may ~ 9 Days where of my "Celebrity Law Students Who Are Incognito" pieces. P_ (name blanked to prevent rude phone calls) likes alcohol, light reading assignments and unintelligent men. J_ is a bird whose claim to fame is that he once consumed 137 chicken balls at a Stuffed Mushroom Happy Hour. D_ longs to be an owl, butbides his time by getting H's, despite the fact that he never sits through an entire class, and he takes no notes. Look for yourself in a future issue! By the way, I want to thank the editorsof this fine paper for making a point of correcting an error in my last article. I really didknow that Florida is a state and not a city. It's just that I had to type up the article really late so that it would be legible. In my exhaustion, I replaced the word "areas" with "cities". I guess the fact that I submitted the article two weeks early didn't provide enough time for anyone to check the error with me for purposes of correction (even though I see the managing editorroaming about every other day). Here I thought I was one of the few SBA members that this 201-623-4866 rangement can also put you off the partnership track. If partnership is not a prime goal for you, no problem. Many large law firms are now developing non- . paper likes. The pen really is mightier than the sword. I'm bleeding inside from this one Fewer Hours COLLEGE SPRING $ someone else, and if the bell rings, walk around that person and leave, pointing back accusingly This is the part of the article I get incensed about something. What really bothers me (this week) is the plastering of non-law school literature all over O'Brian Hall. I realize that this is a state school and that non-law school students walk through and hang out in O'Brian. But does that mean there should be hundreds of SASU political party posters plastered all over the second floor? No, I vocifermeaning being strip-searched by ously maintain!!! If it were one those reference librarians lookor two posters, I would probably not write about it (or at least not more than a line's worth), but the entire second floor looks like a hall of billboards! I believe that each student should restore the Also scoring for the Advocates natural beauty to O'Brian by ripon the night were Lee (The Quiet ping off and throwing away one One) Smith, Paul (Red) Mitchell non-law school poster daily! and Bob (Mr. Rheinland) SpaMake us proud genthal. Major contributions all P m, J I and D c are first season were made by Ira Hecht, year Section 2 students. P m Ken Moskowitz, Adam Wekstein buys me drinks, J I is applying and Jim Herzog. for a job so he can serve me Ira Hecht and Adam Wekstein drinks, and D_e speaks in tongues are to be especially commended when he drinks. These three stufor without their hard work ice dents are the subject of the first hockey as an intramural sport would not have been a reality this year. Hopefully because of the work of these two students and ctintiniit'it from iutf>e .1 others, intramural ice hockey will diem or per project basis. The flourish in future years. For their efforts to organized drawbacks: no fixed income; no two other teams in this season's fixed hours. You may have to program, credit should be given work intensely at times and have to Jim McElhone, for his work in plenty of time on your hands at Icers Bow in Playoffs by Paul McGrath ing for hidden microfiche.) The secret is to walk a foot behind ... partnership positions in their organizations. If you are interested in the issues of part-time employment, you may want to contact the Na- tional Association for Part-Time Professionals (Virginia) and/or New Ways to Work (California). Ms. Kanarek also noted Unequal Access: Women Lawyers in a Changing America as an information source. A final piece of advice was for law graduates to consider applying for law clerk positions posted 'for students. Sometimes an employer may find hiring a law graduate on a permanent/parttime, fixed-hours/full-time, or independent contractor basis is an attractive alternative to hiring a law student. AWLS Report by Robin Rosen berg The Association of Women Law Students has organized a number of projects in the past year. "Meet the Women Faculty" and a trip to Buffalo's Convention Center to hear GeraldineFerraro speak were among the memorable events sponsored last semester. This semester energy has focused on preparing for the upcoming National Women Law Conference sponsored by N.Y.U. for theweekend of March 21. The theme bf this conference deals with overcoming barriers due to racist and sexist stereotyping and learning to communicate in- stead. A raffle was held on Friday, March 15, giving away two BAR/ BRI courses, one to Ed Markarian and the otherto Annette Harding, to raise funds for the conference. The Dean and SBA also have provided funding to send students to the conference. A presentation will be given sometimeafter theconference to explain in more detail the purpose of the conference and what was accomplished there. Look for signs posting the date of the presentation. ESSAYS ARE THE "KILLERS" ON THE BAR EXAMINATION! (ASK ANY "REPEATER") For over 40 years, LOUIS A. KASS has taught many thousands of successful bar applicants how to ATTACK, ANALYZE and ANSWER the most difficult Essays l WHY TAKE ANY CHANCES? REGISTER NOW! We were oversubscribed twelve consecutive times! 6 SUNDAYS, commencing JUNE 16, 1985 (I to 4 p m ) HOTEL BARBIZON PLAZA HOTEL. NEW YORK CITY FEE: $250. KASS PROBLEM ANALYSIS CLINICS 27 William Street New York, New York 10005 (212) WH3-2690 Ms. Wendy Friedberg, Agent �A Little Bit o'Pudge Cliff Barney's Health Spa Saga Part 4 by Pudge Meyer A couple of weeks went by, and comedian. Jeff Newman." already I could feel my body "Oh, I see. Nice to meet you. I'm Cliff. Gee, a comedian. You starting to change. More important, my mental framework was must be a funny guy." "Well, I'm really not too good' also changing. For one thing, I at it. have a day job to supplehad cut down on french fries. with thatTiger Wolff ment my income." I got lucky "What do you do, sort mail or he found another new guy member to latch on to. I also something?" "I'm an attorney." found out when the best times "Haha. That's another one of were. I started going five times a week. That sure did draw some your jokes, right. Haha an at- I — wanted to talk to me, but was too shy. I helped 9UV" him out. "Hi, big He grunted. "Don't evertalkto me while I have a weight in my hands. It ruinsthe concentration." "Concentration?" "Yeah. As you doeach lift, you have to communicate with the muscle, think about the muscle that you are working. Feel it move under your skin." This guy torney." seemed to know a lot. "No joke. Haven't you ever "Maybe that's why I haven't heard of Alvarez, Alvarez, Newgrown as much I haven't been man, and Alvarez?" thinking about the muscle." "Yeah, they're pretty big "That's right." around here ..." "But I'll tell you the program "Sure are. I even had an inter- they put me on doesn't seem to viewwith them once. I ended up be helping my arms very much. I taking a job with a Public Interest was wondering if you can show group." me some exercises that would be "Oh yeah? Which one? I begood for my arms." long to a couple of those." "What do you mean 'arms' "Save theCheese Foundation." do you mean the brachioradialis? The long head? The exterior di"I never heard of that one." "It's one ofthe newer ones. Did gitorum communis?" you know that some grocery "What are all those?" stores don't even stock real "What do you mean all those cheese anymore? All they sell are those are just three of the many fakes that they have to call independent fiber-groupings that 'cheese food' or 'cheese spread.' people like you choose to simply call 'arms.' What you call the It's enough to make you sick." forearm started to think has no less than seven he was pulling I my leg again. "That sounds like different muscles, and I can give a great organization. How can I you an exercise for each one —" "You don't have to do that I get in touch with them?" "They'd love to hearfrom you. don't have all that much time. Just You can call the leader at 1-800- show me a few." "So you don't have time. Do / CHEESES." have time? I have to be back at ran the straight phone to and I dialed. A guy picked it up on the the office in twenty minutes, and first ring. "Good evening. Zorillo I haven't even showered yet. You ever hear of Alvarez, Alvarez, Pizzeria. We use real cheese " Newman and Alvarez?" I hung up. "Sure. I didn't know they were There was this really huge guy working out one of the biggest open at night." "They're not. I'm the nightguys I ever say. He looked like he — attention. "Oh, hi Cliff. What's today? You here again?" It was Misty. She greeted me like this every day. I could tell she must feel awful on the days.that I don't show up. "I think it's time for your mid-way progress report." "But I thought you said that came at eight weeks." "That's the full progress report. This is just and interim re- port." Is she for real? What the hell could be the difference? Let's be frank; we're all adults. I was sure she just wanted to get me in that room. We were walking there when her name was called over the loudspeaker. "Ooops be right back. Cliff." That was the last I saw of her that day. — "Hey, quit staring at her like that you'll hurt your neck." It was a guy doing sit-ups. I had seen him here a few times before. "My neck? If my neck is hurt, hers must be broken." "Hey, that's not bad." "What do you mean, 'that's not bad.' What are you, the judge of what's good and bad?" "Sorry, I didn't mean it like that. I meant it's funny. I'm a — — — — — — — — SUMMER SESSIONS 1985 t May 20 to July 1 CREDITS COURSES 3 Commercial Paper Conflicts of Law Criminal Procedure 3 4 3 4 Debtor-Creditor Evidence Housing and Community Development Law and Psychiatry Real Estate Transactions Remedies Secured Transactions Unfair Trade Practices 2 3 4 - 3 3 SUMMER SESSION 2 July 2 to August 12 COURSES CREDITS Administrative Law Commercial Transactions Survey Family Law Federal Estate and Gift Tax Federal Income Taxation of Individuals Labor Law Legal Issues in Public Education 3 For Further Information Write or Call: (516) 560-5916 HOFSTRA UNIVERSITY Island. New York 11550 SCHOOL OF LAW Hempstead, Long oppo.tun.ty .nst.tuhon Hols.ra Un.ve.s.ty <3 an equal educational "Then you have plenty of time. Who would know if the nightwatchman wasn't there?" "The day-watchman." He showed me a few exercises. I did them, thinking about the muscle each time. It seemed to work. It also put me in touch with what I was actually doing. From 3 4 3 3 4 3 3 that moment on it was clear that I wanted to become a professional muscle-man. I was done, and headed over to the water fountain. I could hardly lift my arms. From now on this would be the way I oh, man, — that's really disgusting. Somebody spit in the water fountain. To be continued... Tennis Lacks Noise by Pudge Meyer (Now that spring is here, thoughts of warm-weather activities come to mind. Which leads me to tennis.) Tennis is a great game. The speed, the power, the finesse — no other sport rivals tennis when it comes to demanding such a blend of abilities. Basketball comes close; but even there the skills are delegated to playertypes such as "power forwards," "point guards," "swing-men," all with readily identifiable functions. (Figure skating and gymnastics don't count until they become firmly established as professional sports ...) Finesse tennis players must show power when it comes to passing shots. Power players often show finesse at the net. And all the great players could land a beautiful drop shot at the proper moment. So why isn't tennis the biggest spectator sport? It is true that if you stuck a tennis court on the fifty-yard line of the Rose Bowl stadium not everyone would etc., have the best view. Still, there's no reason why thirty thousand people shouldn't see the finals of the U.S. Open. Or is there? Tennis has always been viewed as a gentlemen's game. No one gets his hands dirty, and everyone always says "nice shot" or "nice try." Such is the stereotypic fate of anything that comes from England. Neat white shorts, no playing in the rain, "ooh, it'll ruin my strings .", shaking hands after every contest why, these guys probably even use the same locker room! While it is certain that the U.S. Open attracts some out-of-towners, most of those in attendance are New Yorkers. (The site is Flushing Meadow.) And most New Yorkers ride subways and busses; they pack Madison Square Garden every fourth Monday to see professional wrestling. The older crowd is composed of die-hard Yankee and fight fans, and can remember great football games played in the mud of the Polo Grounds. Still others can recall the cheering and noise that accompanied the NIT. . HOFSTRA LAW SCHOOL SUMMER SESSION 1 watchman." — These people cannot sit through a tennis match. I can't sit through a tennis match. A true New Yorker needs to cheer at every backhand and spill beer on those in front after a nice volley. But at a tennis nals. There's no need for hearing in tennis. Can it be said with a straight face that tennis requires such a degree of concentrationthat any sound would be disturbing? Stronger arguments could be made for pitchers, who must also confront a background of fans waving their arms and anything else they can get a hold of, and foul shooters at a basketball game. Half the fun of attending a sporting event comes from yelling at the participants. Nothing will ever beat sitting in the leftfield bleachers at Yankee Stadium and cursing at the opposing team's left fielderfor nine innings. The tennis players themselves seem to realize that it would be wise to shed the gentlemanly image. When McEnroe argues a call, or yells at himself, it riles up the crowd and adds a little excite- ment. People will come to see McEnroe hoping thathe will throw a tantrum much the same as they'll see a hockey game hoping a few good fights will break out. McEnroe's antics at Wimbledon have caused many non-tennis fans to look up and take notice. The trend should con- tinue. The level of competition would surely rise amid shouts of "We want a server, not a bellyitcher," and "Show 'em where you live, Conners." If fans could yell and bring in banners, the U.S. Open would attract millions of New Yorkers. Yet, as it stands, the finals are played in a small, packed stadium, creating the illusion of popularity. If anyone even stood up during play, he'd be blacklisted by every yuppie organization in the state. I am convinced that the gentlemanly image of tennis stems not from the sport, but from the British society itself. It was the sport of the elite and well-to-do who buried themselves in etiquette everywhere they went. No one leaves the dining-room table. Eat with this hand. Don't speak unless spoken to. Children should be seen but not heard. Clap like this at the opera. It should come as no surprise that spectators of tennis behaved as if they were at the opera. This behavior mirrored their polite society. But we're not in England, and we don't live in a polite society. There's nothing wrong with yelling. A tennis stadium should not match there's no one even walking around yelling, "Beer here!" be converted into a public library. or trying to sell you eleven Considering the prize money at stake, a professional player peanuts in the shell for seventyfive cents. No sir. At the U.S. should be able to cope with Open you'll come in, sit down, noise. Tough luck if he can't. New be quiet, watch the match, and York is a tough luck town. If the guys at the U.S. Open go home. If there's one group of etiquette and big crowds, want being who don't like told people what to do and how to act, it's they won't get it in New York. Let 'em take their act to Boston New Yorkers. In this case, the New Yorkers why do you think they call that are right. There is no good region New England? So long as it's played in New reason why the crowd must be muzzled during play. There's York, it would be music to my more of a reason in football, ears to hear shouts of "Ace da when the wide receivers can't bum" and "Smash it down his hear the quarterback call the sig- troat." March 27, IMS TheOpinion — 15 �Once isenough! Some things are better the second time around — taking the bar exam isn't one of them. Take a good look at the Josephson BRC Course and we think you will agree that there is no better assurance that you will have to take the bar exam only once. ■ No other course offers the kind of complete integrated study system which simultaneously builds substantive knowledge and confidence. With the finest law summaries and lecturers and the most comprehensive testing and feedback system in the state, you can't go wrong with BRC. V 1 / V VI i / - IllllUiliUliallllllll BRC WITH YOU EVERY STEP OF THE WAY SUCCESSOR TO THE MARINO BAR REVIEW COURSE Eastern Regional Office: 10 East 21st Street, Suite 1206, New York, NY 100U), 212-505-2060 Ik* The Opinion March 27,1985 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 25 No. 69 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/544d90a6b0a0bbd558f16bfe0555a96d.pdf 2f364483e03e1d14f86367b6361c6945 PDF Text Text OPINION Vol. 26 No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 24, 1985 Dean Candidate Visits U/B, Talks to Students two or three candidates back for John M. Payne, Rutgers Law School professor, talks with his qualifications and interests. (JIB students about photo by Victor R. Siclari by Jeff H. Stern Interviewing for the position of law school dean began lastTuesday when John M. Payne, a Professor of Law at Rutgers Law School, met throughout the day with the Dean Search Commit- tee, faculty members and stu- dents. Payne, 43, earned his B.A. degree at Yale University and J.D. at Harvard Law School. Currently he teaches courses in Local Government Law, Land Use Controls, State and Local Taxation, Constitutional Law, and Torts. From 1977-1981 he served as As- sociate Dean of Rutgers Law School. He has also authored numerous law review articles and is a contributing editor and columnist for the Real EstateLaw Journal. Payne is one of "six or seven candidates" the Search Committee has chosen to interview, Committee Chairman and Dean of Management Joseph Alutto said. (Alutto declined to name the other candidates). After these interviews are completed, which Alutto says will be within a month, the Committee will invite more extensive interviews with University Provost William Greiner and President Steven Sample, who will then make the hiring decision. Payne's interview lastTuesday began with a tour of the law school and meetings with Committee and faculty members. Later in the day, Payne met with a gathering of 15 students who attended a question-and-answer session in the Faculty Lounge. Payne told students he wants the position because he has "hit a plateau" in his professional career and is now seeking "new challenges" and "a greater sense of accomplishment." Payne said that his academic orientation is similar to that of the 'Buffalo Model," because he "is more interested in political and social realities thanin doctrinal boxes." He sees "a strong faculty committment to the Model" which he would be willing to honor if cho- sen dean. "I think that the faculty is trying not so much to redesign the traditional curriculum, but infuse into it perspectives that are usually washed out during the first year case analysis method," Payne said. "This enables students to see the dimensions of the problems that have to do with the organization of society." Payne emphasized that as dean he would promote and further develop the school's clinical legal education program. "I think that an active clinical program integrated with the innovative curriculum would be a helpful adjunct to the 'Buffalo Model' style of teaching." In response to questions concerning his views on an affirmative admissions policy, Payne said he supported a program which "evaluates and carefully admits" sufficient numbers of minority students. Since affirmative action often entails admitting students "with credentials weaker than the norm there must be a carefully thought-out program to help students who are specially admitted overcome academic obstacles." tive action program to see if we're satisfiedwith" the number of minority students admitted. Other objectives he would have as dean include promoting the national reputation of the law school and getting the law building repaired. Steve Wickmark, thirdyear student representative on the Search Committee, remrked that Payne is "a bright, capable, interesting guy, who has a reputation for being able to manage a diverse faculty at Rutgers." Wickmark said that he would have liked to have seen more than 15 students at the questionand-answer session. He noted that Payne expressed the desire to meet with more students. Wickmark also noted that many student organizations failed to send representatives to the meeting. "I think with something as important as who's going to run the place, we should get a better cross section of the student population to show up at Payne said that if selected dean these student interviews," he would be "interested in reWickmark said. evaluating the school's affirma- ... . Headrick Concerned About Grade Decoding by Paul W. Kullman Saying he had "no evidence whatsoever" on which to act against any individual, and that administration "can't get rid" of the social security number system of posting grades, U'B Law School Dean Thomas Headrick has temporarily closed the issue of breaches in the anonymity in the grade-posting system. Problems concerning the anonymity of the current gradeposting system surfaced on Thursday, March 21, when a firstyear student publicly' acknowledged that he had determined the grades of two fellow Section 3 students by matching their names with their respective social security numbers. The student apologized before the start of Professor Lindgren's Con/Torts class for what he called his natural "curiosity" of two fellow students. He said he did not process, contrary to rumor, a comprehensive list of students' names, social security numbers, and grades. He also added that it was not his intention to violate anyone's privacy. The student declined further comment when contacted by The Opinion. Headrick, who has served as dean for nearly nine years, said this is the first time he's become aware of any such problem with the grade-posting system or with students determining other stu- dents' grades. Saying he is "not a policeman who goes out on investigations," Headrick said no student ever personally approached him and told him about any problems he or she was having with other students determining his or her grades. Headrick also said he has no tape recordings, no notes, nor any names of students who have done this. "I got nothing," he said. Headrick said he thus has "no basis at the present time" to do more than he has already done, which was to write a letter to The Opinion (see editorial page) expressing his "enormous concern" about the "recent report concerning the decoding of the grading system." He said, "No justification exists for using them [grade lists] to identify the grades of other students. Anyone who does so most seriously calls into question his or her fitness for a profession that relies heavily on respect for the confidence which others .. entrust to its members." In an article appearing in the March 27 edition of The Opinion, . Registrar Helen Crosby said the more anonymous student identification numbers aren't used in place of social security numbers because such student numbers "don't appear on theforms given to us by the University Computing Center." Assistant Dean Vivian Garcia said shewasoriginally "shooting for student numbers and de-alphabetizing the grade lists," but added that she "didn't know how much work that would be." "If somebody wants to break a code, though, they can do it," she said. "Admittedly, this wasn't a hard code to break." Not hard, because some of the initial grade lists from last semester had the social security numbers arranged in alphabetical order, and in the mailroom, there is an alphabetical listof students' names arranged accord- Mooters Place as Oralists by Victor R. Siclari Two U/B Law School students, Alan Pleskow and Eric Turkewitz, won Best Oralist and Fourth Best Oralist, respectively, in-the Benjamin N. Cardozo School of Law Entertainment/Communications National Moot Court Competition, held March 28-31, 1985, in New York City. The students were up against teams from ihirty-three schools in the competition. The facts of the problem centered on a woman bodybuilder who did not use steroids to build her muscles but had a natural hormonal imbalance. Photographs of the woman were used two without consent by magazines to illustrate articles about women who' ingest steroids. Pleskow and Turkewitz represented the two magazines, one of which was a Playboy-Xype format, and the other which dealt with sports and medicine. The two issues on appeal were whether there was an invasion of the woman's right to privacy by placing her in a false light, and whether her right to publicity was violated because photographs of her were used without compensation. Pleskow and Turkewitz first ar- gued off-brief, then on-brief with only an hour in between to prepare. Pleskow said, "Surprisingly, we did much better off- brief." further delayed. "What we could do is take the grade lists as they come out and snip them up and reassemble them," Headrick said. "If that's feasible for Helen (Crosby), then that's what we'll probably do." "It's a little bit messy, but that's probably what we'll do starting this spring," Crosby said. "But if an individual has a list, this still In order to cut expenses, the two U/B students had to leave after they were eliminated from the competition. As a result, they missed the awards presentation and were not informed of their honors until a couple of days after they had returned to Buffalo. According to Turkewitz, "We were told that at the awards presentation the U/B team was singled out and praised for their orals skills." Pleskow said he will be receiving two plaques: one for the school and one for himself. Both students wanted to expressly thank Richard Gottlieb and Alison Alberti for giving up their time to help them prepare for the competition. ing to year. Still, Headrick said he has "little sympathy" for anyone using this as a justification for abusing the system. "It's like saying just because you walk into a market where there are apples and you can see those apples, it's okay to steal those apples," he said. "Such reasoning makes me wonder about people's fitness for the profession." Headrick said posting grades by social security numbers is the "only way we can administratively operate." Both Headrick and Crosby said it would be very time-consuming to look up student numbers and match them with the students' names because student numbers don't appear on the computing forms used by the University. Both said using student numbers would cause the posting of grades to be won't help any." Inside — Letters to the Editor pp. 4-6 photo by Victor R. Siclari U B students Al Pleskow Heft) and Eric Turkewitz (right) place successfully in EntertainmenVCommunications Court Competition. Year In Review Law Revue . . p. 7 p. 9 �. Volume 26 No. 1 April 24, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: John K. Lapiana NewsEditors: Jeff H. Stern PaulW.Kullman Features Editor: Timothy J.Burvid Business Manager: Jerry O'Connor ' © Copyright 1985. The Opinion. SBA Any replication of materials herein is strictly prohibited without the express consent of the Editors. 77ie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260..The views expressed in thispaper are not necessarily those ofthe Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Burger King: "Have it Your Way" SBA: "Do it Our Way!" News Item: SBA approves Motion 13-15: "To cut The Opin- ion's budget $1,000.00 because of their personal attacks on individuals, lack of accountability, libel, large budget, abuse ofdiscretion and lack ofrepresentation ofthe student body." When the Framers of the Constitution adopted the First Amendment, they recognized thevitalrole a free press fulfills in a democratic society. They believed that a newspaper must have broad freedom to criticize government actions so that people would hear opposing viewpoints on matters of public importance. They envisaged checks on government in order to increase its accountability to the people; most of all, they abhorred government's use of censorship and prior restraint to stifle the freedom of expression enjoyed by the press. One hundred and seventy-five years later. JusticeBrennan would echo the sentiments of the Founding Fathers when, in his landmark N.Y. Times v. Sullivan decision, he spoke of "a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wideopen, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials." Apparently the SBA is not impressed with these lofty principles. By suspending a fiscal sword of Damocles over the new editorial board's collective head, they are in effect telling us what we may and may not print. They call it "making [the paper] more accountable" and "making the paper more consistent with the views of the student population." We call it censorship. The message is loud and clear: "Either you print what's acceptable to us or we'll take away your funding." The SBA edict sets a dangerous precedent by producing a chilling effect on the constitutionally protected right of Freedom of the Press. Their ultimatum has threatened a new editorial board before it has formed or articulated its editorial policy, and indeed, before it has even published a single word. Presumably, SBA's purpose in passing Motion 13-15 was to provide The Opinion with a monetary incentive to refrain from calling things the way we see them. Maybe if we're good little boys we'll get our allowance back. We can't help but resent SBA's use of its power of the purse to bring the paper to its knees in this fashion. As a student newspaper we have a duty to cover a broad range of topics relating to the law school and surrounding community. But we cannot possibly cover as many issues as we would like when we only have five or six regular news writers. It's easy to sit back and passively criticize a student newspaper. It takes substantially more effort, however, to change things. We wish more law students would contribute to the newspaper, and as always, we encourage them to do so. We also have a duty and obligation to print articles and letters regardless of their political or ideological content. The Opinion has upheld this duty in the past, and will continue to do so in the future, by printing in full the submissions of any student, faculty member, or organization. Obviously, though, we can only print what we receive. Separately and aside from any submitted and published by virtue of the materials, however, the editorial board large amount of timeand work it commits to the newspaper retains a right to use the editorial column to express its views on matters relevant to the law school. We decline to surrender this right to an elected body which attempts to cast a "pall of orthodoxy" over our publication by hacking away at our budget when it disagrees with what we write. administrator — — 2 Opinion April 24. 1985 Newhouse, Zapson Chosen To Speak at Commencement by Sarah Ayer, Commencement Chairperson Everything is just about set for the 96th Annual Law School Commencement. It will be Sunday, May 19th at 9 a.m. in the Alumni Arena. Directly after the ceremony (which should last about two hours) there will be a reception served to the graduates and their families. The champagne reception will be held in the Student Activity Center. The Center is located behind the Law School, next to Knox Hall. The reception will probably last until 1:00 or 2:00 p.m. We are also considering a cocktail party on Saturday, May 18th. This is still in the planning stages because we may not have sufficient funds to hold it. You may invite as many people to graduation as you wish. There is no limited amount of people and you do not need tickets. It would be best to advise your guests to arrive at the Arena by viewed the top three persons, George Terezakis, Mike Zapson and Mike Block. After careful consideration we chose Mike Zapson as the student speaker. We wish to thank George and Mike and all the other students who submitted their nominations. Please mark your calendar Commencement Rehearsal is scheduled for Friday, May 17, at noon in Room 106. It takes all of half an hour, is usually more fun than procedure, and is always followed by a keg in the first floor lounge. There will also be a barbeque following rehearsal. Finally, I would like to thank some people who have helped me during the year. First of all, the members of the Commence- — TO: The Opinion Dear Editors: The recent report about the decoding of the grading lists causes studentis allowed 10 invitations. The results of the student vote have now been compiled. Professor Wade Newhouse has been lists are posted in a form intended to protect the privacy of individual students. No justification exists for using them to identify the grades of other students. Anyone who does so most seriously calls into question his or her fitness for a profession that chosen to be the faculty speaker. In addition, the Commencement Committee compiled the votes for student speaker. We inter- have been able to plan this on my own. Vivian Garcia also deserves a special thanks. She made sure that we never missed a deadline. The Student Bar Association, for providing the money and the moral support we needed. Cleo, for being everywhere, at any time. Finally Marie McLeod for typing this article, numerous others, for putting together the Commencement Program, for putting together the senior ballot, and for her support and help throughout the year. Thank you again for your support during the year. Good luck on exams and I'll see you on May 19th. Headrick Comments On Grade Posting 8:30 a.m., to ensure they have good seats. Invitations will be available in 312 O'Brian Hall. Each merit Committee. I would never me enormous concern. Those relies heavily on respect for the confidence which others clients, lawyers and the general public —entrustto its members. With good reason the Law School and Bar Admissions Committees scrutinize very carefully the conduct of law students. The profession does not need people who cannot enjoy the fullest confidence and trust of other people and the public. Yours sincerely, Thomas E. Headrick — Dinner Honors U/B Alumni The Law Alumni Association of the U/B Law School has scheduled its annual dinner for Friday. May 3,1985 at the Hyatt Regency Hotel in downtown Buffalo. For the past several years this event has been sold out. A large attendance is again expected this year at the 23rd annual event. Distinguished Alumnus Awards will be made to the Hon. — — Rose D. LaMendola Judiciary; Public SerHenry J. Nowak vice; Gerorge M. Zimmerman Private Practice; and Charles Ryan Desmond Special Award — — posthumously. Judge LaMendola is the Senior Judge of the Erie County Court and the first woman to serve as a County Judge in Erie County. She was appointed to the position in 1975, and won the endorsement of all four parties, winning election to a full term year in 1976. She was a partner in the first all-female law partnership in Western New York and Assistant Attorney General for the State of New York prior to her appointment as County Judge. Judge LaMendola is a member of the Erie County Bar Association, Justian Legal Society, Women Lawyers of Western New York, the Judges and Police Executive Conference of Erie County and the County Judge's Association of New York. Congressman Henry J. Nowak is a 1961 graduate of the Law School and recipient of the Public Service Award. Congressman Nowak has represented Western New York in Washington since 1974. He is a member of the Erie County and New York State Bar Congressman Associations. Nowak is a member of Daemen College Board of Trustees, the House Committee on Public Works and Transportation; Chairman, House Small Business Law Review Seeks Publishable Papers The Buffalo Law Review would like to remind all law students that they are welcome to submit articles for publication in our journal. If you have a seminar paper, independent study paper, or any other piece of writing which you feel is appropriate for publication in theBuffalo Law Review, please bring it to theLaw Review Office and we will consider itfor publi- cation. Articles should be of substantial length, well-researched and documented with authority. Footnotes should follow the rules found in the Bluebook, A Uniform System ofCitation(13th cd. 1981). Although we welcome articles throughout the year, we strongly encourage submission by late spring since the summer break offers a good opportunity to ready accepted pieces for publication. All papers submitted will be read by editorsof the law review. The law review is unable to return articles by mail unless they are accompanied by an addressed envelope with sufficient postage for first-class return. We will be happy to discuss requirements for publication and the publication process with any interested student. Please feel free to drop by 606 O'Brien or call 636-2572 and we'll answer any questions you may have. Subcommittee on Tax, Access to Equity Capital and Business Opportunities; member. Executive Committee, Congressional Steel Caucus and Assistant Democratic Whip. Congressman Nowak is also a graduate of Canisius College and formerErie County Controller from 1966 through 1974. The late Charles Ryan Desmond was a Director of the Association and is being presented a Special Award posthumously. He was formerly Eden Town Jus-' tice and a partner with Phillips, Lytle, Hitchcock, Blain and Huber. Mr. Desmond was a member of the Erie County, New York State, American Bar and Trial Lawyers Associations. He was past president of the Lawyers Clubof Buffalo and Marshall Club. Mr. Desmond was appointed by Governor Carey in 1977to the NewYork State Board of Social Welfare. George M. Zimmerman is a partner in the law firm of Albrecht, Maguire, Huffern & Gregg, P.C., and recipient of the Private Practice Award. Mr. Zimmerman isa 1949graduate of the U/B Law School and Adjunct Professor of Ldw there. He is a past President of theLegal AidBureau of Buffalo and Lawyer's Club of Buffalo and past chairman of the Board of Trustees of theBuffalo and Erie County Libraries. The evening begins at 6 p.m. with an open bar cocktail party and dinner is at 7 p.m. The price- for this event is $30.00 perperson including open bar and dinner and $5.00 of this cost is a tax deductibledonation. Reservations can be made by contacting attorney Dan Kohane, 1400 Liberty Bank Building. Buffalo, New York 853-6100, who is Attorney ticket chairman. Thomas C. Bailey is dinner Chairman for this event. �Controversy Abounds at SBA Budget Meeting by Eric Snyder NOTE: This is my account of what transpired at the SBA meeting of April 15. Any segregation due to sex or race is based on my perception of the atmosphere in the room that night, and is entirely intentional. It is 6:25 PM. I had just finished dinner and I am going back to campus. I heardthat theSBA was having a budget meeting tonight, and the [Law Student) Right-ToLife [Association] group was requesting funding. I hadn't been to a budget meeting in three years since I was Vice-President of the Student Association at SUNY-Binghamton, and funding for Right-To-Life, well. that would be interesting. I arrive at about 6:35, in Room . 106, and sit down next to my friend, Rick. There are about twenty groups that would be dealt with tonight, and Right-ToLife was of course last. I was gonna go see Fellini's "BV2" in Woldman at 8 with Howie, but I'll stay. I guess it starts about 45 minutes into the meeting Things are moving surprisingly fast. Lori, the Chair of the meeting says "all in favor," and all the SBA reps raise their hands. Then there is a question about Danny, a rep who couldn't make it. He gave his vote to Donna as a proxy vote. Well, this is okay. Then there is a discussion whether this is okay under Robert's Rules of Order. Well, whocares? I don't think this is very important. Things are usually done casual at these meetings, and there was nothing wrong trying to keep it that way. But there was another problem, and I guess I'm the only one that has it. I just found out from George, an SBA rep from my Section, thatDonna is an SBA rep also. When she is voting, I think she's putting up two hands to be funny. No. Donna votes twice. So much for one person, one vote. I guess if ten people could not show up tonight, and give their votes to Donna, she could dissolve the body and crown herself students. This is not right. But, so what? Is this any reason to censor them? I get the impression thatthe people speaking out for this cut were for the most part ideologically liberal and openmindedblack and white boys and girls, and here they are advocating limiting this newspaper's First Amendment press rights. The arguments they were making were the' most closeminded arguments I have ever heard; that the newspaper was not representative of the student body. That since not that many students read it, its funding should be cut. As if newspapers are supposed to be representative of the majority. I guess ac- cording to these "open-minded people," the only newspapers that should be printed are the Daily Newsand the USA Today. Some tried to defend The Opinion. One guy says that "he didn't think someone who is 25 (sic) years old should be that conservative," speaking of the previ- ous editor, but that the present staff should not be penalized. Lori, the Chair, vigorously applauded this statement. So much for an impartial Chair. I mentioned that if these people were unhappy with The Opinion, they should have gotten a vote on The Opinion staff, and voted themselves in; retaliatory tactics such as these were wrong. Then came the vote. The hands went up, and the hands went down. Twice. When the dust had cleared, the motion to cut The Opinion had passed 10-9. Both of Donna's arms were fully extended for the "yea" votes. There was clapping and hysterical merriment. Well, this is not a pretty sight. I wonder what group these children agreed with or disagreed with that now had its fortune in their hands. Some however, were not so happy. Dan, a white SBA boy, announces his disgust, and resigns. Two white boys, (including Al), and two white girls follow Dan's lead. Someone asks for a quorum call. Donna (who else?), queen. points out that since the reps reSo things move on. Al's upset signed, the quorum could be 'cause he wants Donna to lose readjusted downward. And so it the proxy vote. Al's involved with was. The meeting continues. Moot Court and they lost an ear- This is enough to offend anylier vote by one; Donna voting one's senses, and the night has twice the other way. I had a feel- just begun. ing this wouldn'tbe the last time Three groups had requested tonight that this would matter. funding tonight: the Labor Well. Al pushes the issue to a Group, Amnesty International vote, and loses. Donna keeps and Right-To-Life. The Labor Danny's Something Group, no problem $200. Amvote. bothered me about the way the nesty International is next. A rep votes broke down. All the boys says they report on the plight of and girls that voted for Al's mopolitical prisoners in Southeast tion are white, and all that voted Asia. The SBA cannot fund politto defeat his motion are black or ical groups under Board of Trushispanic. Al is a whiteboy. Donna tees guidelines, so groups usuis a black girl. ally identify themselves as inforMaybe it didn't mean anything. mational/educational as a way to The meeting continues. Groups circumvent this guideline. Paul, come and go. Then The Opin- the rep from Right-To-Life mution's budget comes up for a vote. ters, "That sounds political." I OneSBA rep raises her hand and think so too, but I know better by is recognized. "I move that The now. In Binghamton, we had 114 Opinion gets cut $1000. They funded groups, from the Volunhave libeled me this year. They teer Ambulance Corp. to the are unaccountable. They do not GratefulDead club. They all prorepresent the student body." vided a service for students. They This is censorship. So I yell out gave students access to diverse "you're a censor," and the girl groups, and afforded them the who madethe motion says "I am opportunity to learn from them. not," and Lori, the Chair, Amnesty International's funding threatens to throw me out. Then is approved. Lori, our Chair, has to go to the a couple of boys and girls speak on how The Opinion has re- bathroom, and therefore calls a moved words and phrases from break. It's about 9 p.m., and the submitted articles over the past Right-To-Life group is the next, semester, misconstruing arti- and the last, group to be consicles, and that they have libeled dered tonight. SBA 1985-86 Budget Administration As Passed same same same same same same $ 910 same same same same Proposal $ 2,000 Telephones Purchase of new phones 540 .' Duplicating Office 335 150 1,000 Distinguished Visitor's Forum Orientation Unallocated Athletic Fee Conventions Social Commencement 900 200 1,200 225 2,000 2,125 _1A C1E $10,675 $ 5,400 Sub-Board Organizations $11,385 same -.4 4 15,310 19,310 TOTAL 1__ 18,600 $35,385 $35,385 ••••*•••*•**••••••••••••••••••*••*» Dollar 1985-86 Change 1985-86 Finance As From Club Committee Passed By Last SBA Year Request Proposal t 1985-86 Organizations Buffalo Mediation Service Moot Court Board 1 Association of Women Law Students Law Students Civil Rights Research Commission Latino, Asian, and NativeAmerican Law Student Association Phi Alpha Delta National Lawyers Guild Gay Law Student Organization International Law Students Environmental Law Students 1984-85 Budget $ 300 900 The Opinion ... Buffalo Public Interest Law Program In The Public Interest Black Law Students Association Federalists Labor Group . $ 300 900 450 530 490 490 40 8.9 350 375 360 360** 10 2.9 1,015 650 3,000 1,070 1,295 650 1,500 365 7,325 1,115 1,200 3,089 1,550 1,175 600 200 1,100 981.57 528 345 375 6,500 1,000 2,000 1,300 — — — — All of a sudden, all the black and Hispanic SBA boys and girls, at this point a majority, go to the left corner of the room to caucus. I smile. I know what's about to go down. The meeting reconvenes, and a black girl raises her hand, (I think it was Donna, but I'm not sure which hand she raised), and she makes a motion to reconsider the already approved budget of the BlacK Law Student Association (BLSA). $ 140 230 173.43 87 380 (5) 370 6,520 1,115 830 1,155 615 725 370 5,520 (980) 1,095 2,500 1,300 395 200 200 200 1,095 2,500 1,790 395 200 200 0 95 500 490 395 200 200 0 830 1,155 615 725 Amnesty International Law Students Right To Life Have to account for $200 miscellaneous ** Have to account for previous loan made by SBA to the Club t Line-by-line breakdown can be obtained from SBA, 101 O'Brian Hall * Last Year 0 % 900 $ 0 0 From $ 300 .. $ 300 900* Percentage Change Another says, "They are related to extremist terrorist organizations." I know Karen and Paul, and I don't think they touch that stuff. Our children wanted to have prior approval of speakers before any money would be allocated. This was really turning in to a pile of crap. I raised my hand to attempt to speak, but the Chair had my number. When she finally called on me, after letting others speak They requested $1550 in their two or three times, she simply original budget request. They re- wouldn't let me speak. When I ceived $1550. They wanted $240 began to utter a syllable she more. Gina, the SBA treasurer, would say "anything new? If explains that she had given the you're not going to say anything group exactly what they had new we'll have to move on." originally requested, and to ask Brow-beated, I decided to shut for more was irresponsible. Gina up. The vote comes; Right-Tois right. She is also good. She is Life gets defeated almost unaniresponsible and she tried, but mously. Those people are was out-childed. So the SBA scared; I just can't figure out of gave BLSA an extra $240. what. We now slither out of this Paul and Karen are the Right- meeting almost three hours after To-Life reps. Tom, your Right-To- it began. Lifer's Right-To-Lifer couldn't I'd say the brightest person in make it. I am Pro-Choice, but as the whole organization is Rich, I stated earlier I think we should the president, who had the all have the opportunity to dis- foresight to not even show up. seminate the information, and Walking out of the building, I see decide for ourselves. The more we know, the betterinformed our opinion will be. They don't have a chance. Paul tells everyone that there was no relationship between this group The American Red Cross conand the state-wide organization ducted a very successful blood drive at the U/B Law School on no one believes him. Karen attempts to stress that they are Thursday, April 18th. The Red simply an educational group that Cross blood drive, sponsored by will provide speakers and books Phi Alpha Delta, set a goal of 60 for informational purposes. You donors for its Spring Semester visit to O'Brian Hall. The turnout should have heard the arguments. One girl says, "This was was better than expected as 77 all decided in Roe v. Wade, no people presented themselves to need to discuss it any further." 0 13.8 38.3 15 16.5 110.1 (1.3) (15.1) 9.5 25 37.7 — — — — an anti Right-To-Life girl wearing a shirt saying, "If you love animals why do you kill them?" Isn't this what the Right-To-Life people are trying to say? Whether we agree or not, I thought, shouldn't we give them the chance to state it? Approaching my car, I see a yellow piece of paper flappingfrom under my windshield. A ticket for parking in a handicapped spot. The end to a perfect evenng. EPILOGUE: I see George, my SBA rep, the next day. George prides himself on being representative of his constituents by informing us when the meetings are and what important issues will be presented and requesting our input on these decisions. I ask George if he voted for The Opinion cut and the BLSA increase. George answers that he had, but he added, "It's political, nothing personal Eric." Nothing personal George. Editor's Note: SBA President Rich Gottlieb was not present at the meeting because he had an unexpected interview in New York City. Blood Drive Is Success — donate, resulting in 72 productive donations.This total also exceeds the November 1984 blood mobile result of 66 donors. The American Red Cross and Phi Alpha Delta would like to thank the U/B Law School for its usual great support for this worthy cause, and in particular, a special thanks to thosewho donated. April 24. 1985 Opinion 3 �S.B.A. Directors Explain Their Actions Made abuse of discretion, and lack of representation of the student body." (Motion Number 13-15). In our opinion, passage of Motion 13-15 was tantamount to attacking certain individuals. However, it is essential that we defend the newspaper's right to First Amendment protection. •Accountability to the SBA relates to the newspaper's financial expenditures and not to its editorial content. Objections to editorial content should be voiced through appropriate channels, not through an arbitrary budget cut. This could include written contributions to The Opinion and subsequent membership on its staff or, if necessary, the formation of grievance procedures. Secondly, an SBA Budget Meeting is hardly the forum in which to address an allegation as serious as libel. We do not feel that it is the SBA's proper role to sit as judge and jury on that charge, and it is disturbing to realize that we did exactly that. censorship. The majority supported the motion to remedy the allegations that it enumerated. It was our belief that cutting The Opinion budget was not an appropriate means to achieve these objectives. We are opposed to the content Moreover, an unsubstantiated attack on an organization based wholly on the size of its budget is unwarranged. There were no charges of misuse of funds or any other substantive financial basis upon which the cutting of The Opinion's budget may other- To: the Student Bar Association and Members of the Student Body It is with deep sadness and a strong sense ofcommitment that we resigned from the Student Bar Association on April 15. Given the circumstances. surrounding our resignation, we wish to explain our actions. The precipitating factor leading to our resignations was the consideration of The Opinion budget for the 1985-1986 year. A motion was made to slash the newspaper's budget by $1,000, "because of their personal attacks on individuals, lack of accountability, libel, large budget, factor to consider when reviewing its budget, the First Amendment rights of a newspaper must remain paramount. We therefore feel that the assumption regarding The Opinion's lack of representation was irrelevant. We were both stunned by the result of the vote on Motion 13-15, and appalled by the subsequent outburst of applause by certain SBA Directors and other students present atthe meeting. Our action was an objection to SBA censorship of a student newspaper. We could not in good conscience remain part of a governmental body that penalizes a newspaper for the free exercise of its First Amendment rights. For the foregoing reasons, we respectfully resign. Daniel J. Marren Former Third Year Director Victor J. D'Angelo Former Third Year Director Alan D. Stewart Former Third Year Director Kathleen A. Tenney Former Second Year Director Leslie A. Stroh Former Second Year Director of many of the articles and editorials printed by The Opinion in the past year, particularly those wise be justified. While the representative nature of an organization may be a To the Editor: community, etc.). it served a vital and useful function in our law school community. It is hoped that this budget cut Unfortunately, today this is no will serve a two-fold function: (1) longer the case. The paper has to give the new editorial board become biased in its reporting, an incentive to make the newsattacking individual rather than paper once again responsive to issues, and narrow in its scope the law school community; and due to an editorial policy which (2) put all SBA-funded activities emphasizes continual repetition and groups on notice that they of the same issues. The paper must remain responsive to the has failed to undertake reporting purposes for which they were and investigation of a myriad of originally chartered in order to issues central to the lives of law continue receiving student students (i.e., the integrity of the funds. building, the future academic and administrative leadership of Beth S. Ginsberg the school, policy decisions surThird-year SBA Director rounding the composition of the Cathy A few thoughts addressing the issue of the SBA's recent decision to cut The Opinion's budget by $1,000.00 The goal of collecting mandatory student funds (which have recently been raised) is to support as broad a spectrum of student activities as possible. At one time The Opinion, as the law school's sole newspaper, reported on a broad rangs of student issues and therefore, was looked to by the students as a forum for the free exchange of ideas and debate. Years ago, The Opinion reported on events, policies, and activities of the lawschool. In this capacity, To the Editor: As Treasurer of the Student Bar Association, I am happy that the year is almost over and I look forward to SBA elections so that I can relinquish my duties. The events which took place at the budget meeting have left me disillusionedand disappointed. I approached the meeting expecting responsible voting. The results fell considerably short of my expectations. First, a question of proxy voting arose. The Board voted not to follow the Constitution and By-Laws and instead chose to allow proxy voting. To push through the vote on this without clearly presenting the issue according to SBA Constitution was a shirking ofthe Parliamentarian's duties. That proxy vote was crucial in a number of items. A general proxy vote is inappropriate especially in a meeting at which approximately $38,000 was being allo- cated. Each director should be responsible for attending the meetings and the critical nature of the budget should require direct participation in the proceedings. Second, a motion passed which cut the recommended allocation for The Opinion by $1,000. Although the proponents explained that this was not a punitive measure, the reason for the cut was to promote accountability be- cause certain persons felt that The Opinion was neither responsive to nor representative of the student body. While I can ap4 Opinion April student body, the involvement of the law school in the Buffalo preciate the criticism of the paper, it is intolerable to me to use the power of the purse to "promote" more responsible journalism. Five SBA directors' resigned at this point, and I respect their conviction on this matter. Not only did SBA penalize the incoming administration by crippling its budget; the SBA also infringed on The Opinion's First Amendment rights by attempting to censor it thorugh the use of funds. There are more appropriate and responsbile ways to effect changes in the paper. Third, one group not only received money in excess of the Fi- nance Committee's recommendation, but it also received money in excess of its own budget request. BLSA's rationale in asking for an increased budget was that the Finance Committee manipulated their request by reallocating the money. However, When an attempt was made to reinstate their original request, this was rejected. I can understand a group seeking to reinstate its original request; however, to be funded money in excess of that request is irresponsible on the part of the SBA. The-final item I would like to address is the funding, or the lack thereof, of the Right to Life organization. This SBA-chartered organization had a recommended allocation of $200 $10 for duplicating, $20 for office supplies, $50 for a conferenceand $120 for 24. 1985 — Wettlaufer George A. Terezakis Dear Editor(s): The primary purpose of this letter is to provide the student body with an opportunity to consider a countervailing view to the story which I assume will pervade this edition of The Opinion. The tradition of The Opinion has been one which shows a clear failure to represent both sides of an issue; thus the necessity of this letter. Much discussion has followed the decision of the SBA Board of Directors to alter this newspaper's budget, by far the largest of all student organizations, by subtracting $1000 from their $6520 figure. Cries of editorial discretion and first amendment were countered with those of malicious attacks, irresponsibility and a total loss of quality. There were many issues raised and discussed at the meeting, and no member or student can reach into the head of another and claim to know the reason why that representative chose to vote the way he or she did. Aside from their personal knowledge of the allegations through reading the paper, the Directors were presented with other evidence and arguments relating to the quality of the paper, including explanations of episodes where the tone and trend of entire articles had been changed. In Mark Katz's letter to the SBA (4/15/85) he uses the analogy of the magazine of which he is coeditor. In the Public Interest (ITPL), which as always received excellent reviews by those in the field of Public Interest Law. This analogy has one vital flaw which lays out the primary issue of the controversy: that is the high quality level of ITPL. Mr. Katz I am sure, recognizes the fact that should ITPL lose its high quality, the Board may feel obliged to withdraw some of its support. (In fact the magazine was rewarded all of them, stood up for what they believed in, and for what they felt was the proper action; no one can be condemned for that. Those members who passed the motionfor the reduction didwhat they did as possible notification: raise the quality level of your newspaper. This leaves the editorial board a chance to improve their reporting tactics. The Opinion can, and should, appear before SBA next year after printing several editions and show how different the "new" editorial staff is, and then request the $1000 they need to meet printing costs. The bottom line remains that due to the reprehensible actions of The Opinion, a majority of the SBA Board of Director's withdrew $1000 from the budget of The Opinion. The Opinion must, as well as all other student organizations which receive their power as a direct result of their chartering and funding by SBA, use their delegated power responsibly in maintaining the quality of their stated objectives. Once this is lost and the quality has deserted the organization, perhaps a withdrawal of some of that power is necessary. All student organizations must realize that SBA does not merely grant a charter and fund an organization without maintaining an interest in the group's activities. Every chartered student organization which SBA funds must ultimately answer to the Board. Through By-Law 13 the Board receives information as to the activities of each and every student group. Once the quality level of those activities and their ability to achieve the objectives of the student organization decreases, SBA as the representatives of the students who pay mandatory student fees, must take action and withdraw some of their support. While the politics of each and every organization cannot agree with the politics of each and every board member (or students for that matter) the quality of every group must meet the standards of the Board. Perhaps if The Opinion necessitates full and unequivocal control of itselfit shouldconsider be- for its high quality by a budget increase last year.) The issue facing us as students is the quality speakers. The two other new of the student newspaper. Even groups. Amnesty International those who resigned recognized and the Buffalo Labor Relations the fact that The Opinion has Society, both received $200. sunk below a minimum level While I personally disagree with when it relates to the quality of the views espoused by Right to the newspaper. Life, I was angry to hear that this While the withdrawal of fund- coming financially independent. liberal law school did not see fit ing from the budget of The Opin- Until then situations similar to to fund this organization in order ion may not have been the per- this are bound to arise. to increase awareness, by bringfect solution, we as people are Lori Cohen, ing in speakers and encouraging not perfect. The Board members, SBA Vice-President debate on a controversial topic. My rights were infringed upon by the Board's refusal to fund this group. I was disheartened to see that when a belief is repugnant To the Editor: of any precedent authorizing to some people in this law of publication for school, the SBA is quick to deny I have often considered adding censorship funding. Justice Holmes sums up my opinion to the increasingly espousing unpopular political my feelings on this issue: "But heated debate regarding the role views. By assuming positions of trust when men have realized that of the Student Bar Association. time has upset many fighting While the SBA has generated in a legislative body, SBA direcfaiths, they may come to believe numerous controversies during tors implicity subject themselves even more than they believe the my tenure at U/B, its latest action to public scrutiny and criticism. very foundations of their own fills my soul with rage. Certain If a legislator sponsors a resoluconduct that the ultimate good directors of that organization tion, he or she must personally desired is better reached by free now consider themselves not bear this burden. It goes with the trade in ideas thatthe best test only competent to espouse myso- job. Several SBA directors have of truth is the power of the cial and political views (e.g., Greonce again shown their immaturthought to get itself accepted in nada Resolution), but also to censor our law school newspaper on ity and incapacity to exercise the the competition of the market." responsibilities of public office. I While performing my duties as our behalf. As wonder aspiring members of a how they will fare when prohave attempted to Treasurer, I manage our funds and to make fession committed to the rule of the far greater responsibilities of responsible financial decisions. law and to the maintenance of our profession confront them. After the meeting last Monday I constitutional rights, students of Quixotic idealism has no place in realize that my concern for this this law school should feel out- the positions of trust we will soon organization and my belief in fair raged. Freedom of the Press is a assume. I wonder what form of student proceedings and just determina- most cherished bulwark of our freedom. The activist faction of publication will exist when I retions was to no avail. the Student Bar Association has turn in the future to U/B's ivory violated the trust reposed in towers. Whatever the answer, Gena M. Peca Treasurer, SBA them as directors. I am unaware the damage has been done. You, — �.. silent, i non-participating majority of students, should scrutinize this sad affair and accept your responsibility for it. Next year, you might considerelecting as your directors competent, responsible individuals instead of unscrupulous zealots. After all. Pravda will never do as the publication's new name. What about The Opinion of the Student Bar Association ? To the Editor: As an SBA Director who voted to cut The Opinion's budget $1,000 from $6520 to $5520, I would like to explain my decision. The purpose 'of the Budget Hearing is not to blindly approve every proposal that comes before theSBA. Rather, the hearing provides an appropriate forum in which any organizatin within the law school may come before the board and justify its proposed budget and explain to the student body what it intends to do with the money allocated to them. I feel that The Opinion does not deserve the large budget it requested, and it was within my authority and proper discretion to vote in favor of cutting its budget. The deciding factor upon which my vote was based was not my own disagreement with th6editorial policies of The Opinion, but rather the blatant mismanagement of funds, specifically the plethora of untouched copies of The Opinion which clutter and ultimately become debris in the mailroom every two weeks. The number of papers purchased by The Opinion is inversely proportional to its cost, thereby justifying its large circulation. But, with a student population of approximately 850 and a circulation of approximately 2,000, this saving seems hardly justified. In light of the fact thatdistribution is limited to law students, I feel it would be better to print only 1,000 copies, which would in turn eliminate unnecessary cost and waste. My justification for voting to reduce The Opinion's budget for 1985-86 is stated herein. I urge all directors who voted in favor of the motion to publicly justify or at least explain their positions. Rose-Anne Landau First-year Director Editor's Note: The minimum number ofcopies the printer will charge us for is 2,000. Thus, even if we were to order 1,500or 1,000 copies of an issue, it would still cost the same. We decide to print the 2,000 copies we pay for since each issue is distributedto about 800 law students, as well as faculty, administration and Alumni Association. Additionally, undergraduates pick up the paper as they pass through O'Brian Hall, copies are retained for archives, and issues are sent along with billing to each advertiser, acknowledging publication of their ad. To the SBA: I have no doubt that most of the directors remaining on the SBA are proud of cutting The Opinion's budget by $1,000. It was mentioned that the action was not punitive, but was merely to ensure future "accountability." The language of the motion belies this. As an editor of a law school publication, I object when procedure is used to mold editorial comment. That The Opinion has been unfair and offensive is beyond question. The practice of answering letters to the editor and personally attacking their authors is unprofessional. Similarly, using the budget process as a cattle-prod is unethical and All disavowals aside, the SBA's action amounted to no more than a personal attack witness repeated references to "Bob Cozzie and his cohorts." Earlier in the year. The Opinion launched an offensive, sexist attack directed toward individuals in the SBA. What The Opinion did in the Onion, the SBA did in the April 15budget meeting; however, the targets in this case will laugh all the way to graduation. One final note about "accountability." As an editor, I will only be accountableto the SBA for my the repressive. To the Editor: I am writing to inform the student body about what happened at the Student Bar Association Budget meeting this past Monday night, April 15. It was a sad and sorry sight. At approximately 8 pm, five SBA directors resigned and proclaimed that they refused to participate in "something that amounted to censorship." Exit from those members was in response to a vote involving The Opinion's budget. Interestingly enough, censorship was to raise its ugly head again when it came timeto vote on the budget for the Law Stu- dent Right-To-Life Association. In that vote, SBA set a new precedent, and for the first time in its history, refused to fund an SBAchartered organization. The SUNY policy on student activity fees indicates that among the programs that the prescribed mandatory student fees shall be used for is "assistance to recognized student organizations, provided that the purpose and ac- Very truly, Michael E. Storck 3rd Year Student and Glad to be Graduating — expenditures. My responsbility for content and editorial comment goes to the public-at-large. Mark D. Katz Co-editor In the Public Interest tivities of the organization are of an educational, cultural, or social nature." The Law Student Right-To-Life Association is a newly SBA-chartered educational organization. Its primary goals are to foster a forum of debate for the issues of euthanasia, abortion, and infanticide, and to examine the legal, social, moral, and medical ramifications of each of those issues. If there is any misunderstanding regarding the name of thegroup, I would like to make it clear that the group is not affiliated with the National-Right-To-Life organiza- tion. We are not a political organization. The nature as well as the approach of the group is educational and informational, and obviously the group does not address a single issue, but rather an array of issues. In short, Law Student Right-ToLife Association met all qualifications for funding, yet was rejected. One SBA member summarized the situation well by stating that all that is going on here is suppression of a minority point of view. &„„ Urbano To the Editors: As I write this letter, I stop and consider what has prompted the SBA to reduce the 1985-86 budget for The Opinion by $1,000. Claims of "accountability" bear no weight or credibility in view of the injustice that has been wrought. I was the Editorin-Chief of The Opinion for the 1984-85 school year, and its Business Manager from 1983-84. I have experienced first-hand the pettiness and irresponsibility of certain SBA members during the past two years. What has been termed "unfair," "objectionable," and "offensive" is another example of the immature attitude prevalent among the left-oriented law students who have managed to secure a position of power within the law school. The word "libel" was brought out during the SBA budget inquisition. While our editorials, articles, and responses may have offended certain individuals named therein, there is no indicia of libel within exclude those members who these writings. voted against cutting The Opin-Nothing published in The ion's budget, has the last laugh. Opinion was less than the truth But at what expense? A new but, and I must apologize for this, editorial board must pay for this we did not submit every article insipid backbiting by sacrificing to the SBA for its permission to a portion of its budget for unpubwrite about controversial topics. lished newspapers? Or is this an When an SBA director is elected, attempt to make the publication thatindividual shouldrealize that of thelaw school's only indepenhe/she will be subject to criticism dent (but not financially, as has as an elected government reprebeen so effectively desentative of the law school. To monstrated) newspaper subject quote an age-old proverb, "If you to thewhims of the SBA; in fact, can't take the heat, get out of the to makeit a privilege granted and kitchen I" controlledby the SBA rather than Furthermore, because of the a responsibility and forum of the secretive manner in which the law student body? UnfortuSBA has conducted its affairs this nately, it appears that any conpast year, The Opinion found itservative expressions (that is, self to be the sole conduit of inanything to the right of socialism, formation as regarded the SBA. Marxism, communism) will not For those of you who have been be tolerated by the members of here more than one year, it was the law student government. So an editorial by The Opinion conbe it. Hail The Pravda Opinion] demning the GrenadaResolution Sincerely, which prompted the passage of By-Law 14 for Special ResoluRobert M. Cozzie tions. Former Editor-in-Chief The SBA, and I specifically of The Opinion able" to and "more consistent ministrator who ultimately drew with the views" of the student blood by hitting the student in When recently engaged in a body. the chest. {Poisoned Ivy, by Bendiscussion on conservative judiWhen five directors resigned in jamin Hart, released last year excial principles, a fellow law stuprotest to this act of censorship, plains in full the trials of conserdent conceded that in principle the "rapture-effect" allowed for vatives at Dartmouth.) The Hawkhe agreed with me but felt comfull-fledged tribulation.The Black eye Review, a conservative pelled to keep .himself "left of Law Student Association budget newspaper at the University of center" because "the establish- was increased by $200 to give the lowa, was banned from the camment" was so overwhelmingly organization the entire amount pus by the university's left-wing "conservative." As I sat in the asked for of $1550. administrationfor being "racist" sham meeting of the Student Bar Next the Federalist Society and "sexist" (the paper pubAssociation "establishment" was nearly denied funding when lished articles against affirmative Monday night, I wondered if wit- five directors voted in the nega- action .and the ERA). At least nessing this charade would have tive without explanation. After a three chapters of the Federalist changed his mind. short break, the Black Law Stu- Society have been denied recogFlagrant injustice was running dent Association budget was nition as student organizations at high during the three and a half again increased to $1790, giving other law schools and were hour SBA circus. Any organizathe organization $240 more than forced to seek court orders to intion that was not completely they originally requested from sure the exercise offirst amendaligned with the liberal "ethos" the Finance Committee. ment freedom of association. was in some way attacked. The Finally, as the last orderof busThe Maryland Right to Life AsMoot Court Board was the first iness, the Law Student Right to sociation was similarly forced to subjected to leftist attacks, un- Life group proposed budget of seek judicial intervention when doubtedly due to the fact that the $200 was cut to zero because, as denied equal access to advertiseBoard offers membership only one radical feminist stated, "this ment space made available to on the basis of merit and without group is a threat to my right as pro-abortion groups on city regard to race or sex (i.e., no a woman to control my own buses. Unfortunately, these are not isolated occurances and atquotas). Foaming at the mouth, body!" the left managed to pass a resolThe vicious attacks by the SBA tendance at any conference of ution requiring the Board to ex- against every non-leftist organi- conservative organizations proplain all miscellaneous expenses zation should be enough to make vides an unlimited supply of in writing (despite the fact that anyone think twice about the similar accounts occurring receipts are already required for political nature of the "establish- throughout the country. The fact is that groups origiment" (at least at U/B). The entire all reimbursements). The next opportunity for ex- SBAactivity, however, merely re- nally formed in reaction against pression of hostility came with flects the attacks directed from oppression have since managed the PAD budget. (Fraternities are left to right that are occurring to gain significant influence. always a "suspect" class of or- throughout the country. We are They now employ the same repganizations). After considerable taught, of course, that it is the ressive tactics as they were supdebate on the "exclusionary na- "conservative establishment" posedly designed to prevent. ture" of the organization (PAD which threatensbasic individual With complete prophetic irony, charges dues to fund events rights. In fact, though, the past conservatives who have warned rather than relying on SBA hand- twenty years have given rise to that too much power in governouts), the budget ultimately was a new establishment so perva- ment will threaten individual approved. sively and intolerantly leftist that freedom have beenforced to face So far the lions had been "new right" organizations are the consequences of their own merely salivating, but The Opin- persistently persecuted in ways unheeded warnings. As eviion became themain course. Led that are not Unlike the tactics of denced in our own law school by Judy Olin and Beth Ginsberg, our own SBA. Monday night, the result has a motion was passed to cut The been leftist oppression ofall who A few examples may prove enare perceived as a threat to the Opinion by $1,000 to "punish" lightening. At Dartmouth, a stuthe paperfor its "defaming" arti- dent lawfully delivering issues of new liberal establishment. clesand pictures against the two theconservative "DartmouthReArtScinta and to "make thepaper account- view" was attacked by an adTo The Editor: Letters continued on page 6 This is the last issue of The Opinion for the semester. Hopefully, we will resume next semester. Best of luck on finals. April 24. 1985 Opinion 5 �SBA Action Called "Left-Wing Fascism" To The Editor: I heard with horror of theSBA's heavy-handed decision to lop $1,000 from the'85-'B6 The Opinion budget. The motion at the April 15 meeting, presented by two third-year directors, cited several reasons, to wit: personal attacks on individuals, libel, abuse of discretion, large budget and lack of representation of the student body. In the ensuing discussion, it was argued that the paper was degrading to women, and one person complained that he had an article title censored. This motion, and its subsequent passage, are emblematic of the worst type of left-wing fascism. I would be the last person to defend The Opinion as it has appeared this past year; it was tasteless, reactionary and offensive. Nevertheless, the approach taken by the SBA was no more than a petty totalitarian reaction to a group that they did not (not without justification) ap- prove of. I will attempt to de- monstrate. First, the claim of libel is not true simply on the say-so of those who are offended or their apologists; to assume the truth of such a charge and mete out punishment accordingly is the sort of denial of fundamental due process as to amount to sheer vigilantism, and is reprehensible. Second, if there was such strong feeling that the editorial board was behaving in a libelous manner, why was no action taken during the school year to deal with it? (I cannot believe that, had they so desired, SBA could have held a plenary session to cut off funds in January). As to the charge of lack of representation of the school body, this is a canard; the paper had an open policy, which it adhered to, of printing articles submitted by anyone, as long as they were not actionable; if there was serious disagreement with the posture taken by those who edited and wrote for The Opinion, they could have, indeed should have, been answered in print. This closely relates to the claim of lack of accountability; to whom precisely is The Opinion accountable? The only answer I can see as defensible is that they are accountable to the entire law school student population. Does the SBA presume to be coextensive with the law school? I saw no letters or articles of condemnation of the paper from any source this past year (which in itself speaks volumes about us). As to the argument posited that their budget was too large, what does this mean? That they could have done the same for less? That other groups need the money more? Or simply that certain people didn't like the way the paper spent their money? I believe, all rationalizations aside, that this is the crux of the matter, and the disingenuousness of the SBA does not hide the fact that what we have here is a prime example of vendetta politics. Of course, the people against whom the supporters of this motion have their gripe will not be here for next year's paper; it is their successors who will bear the brunt of this action. I was informed that this is irrevelant, as next year's editorial board will be no different, having been handpicked by the outgoing board. That argument holds no water; after all, it was Dwight Eisenhower who hand-picked Brennan and Warren, and John Kennedy who chose Byron White, for the Surpeme Court.'At the least, it is basely insulting to the new editorial staff to presume what they will say without having heard it, as though they could not think independently of those who chose them. It should be said that if next year's The Opinion looks like this year's, that it would be quite proper to hold a referendum to see if the students want their money spent in that fashion. As it stands, the SBA's action smacks of the worst sort of political oppression; if we had a rightwing student government that decided to cut off the NLG, the screams would be heard in every corner of campus, and rightly so, regardless ofwhatever self-righteous and high-toned explanations might be offered. I fail to see the difference, this action is embarrassing and shameful, and should be recanted. [Since writing this, I have been confronted by the Federalist argument that this action supports theirpremise that Governmentin and of itself is an evil, and that individual students should be left to their own choices regarding where to spend theirfees. I disagree with this extreme reading and am not ready to throw the baby out with the bath water. I in no way endorse theFederalist position.] by Dennis A. deary CDO, Alumni Association Holds Career Panel by Paul W. Kullman a retainer basis whereby a client is quoted a specific price up-front Long hours, emotional clients, based on an initial interview. In and problems collecting attor- addition to this fee, which may ney's fees are just three of the vary from $750 to $5,000, the things a student planning a pri- client is quoted a per hour rate vate practice in matrimonial and for the subsequent work which family law can anticipate, accordmust be done. ing to attorney Sharon Town"We state all the fees up-front send. now," Townsend said. "This is Townsend was part of a four- because too many times we attorney panel which discussed don't get the money awarded to the practice of matrimonial and us at the end. That's why we have family law at 3:30 p.m. on a retainer." Wednesday, April 10, in noom Townsend said a retainer fee 210 of O'Brian Hall. Twenty-two alleviates the problem of an atstudents attended the discus- torney having to sue his own sion, jointly sponsored by the client at the end of a case in order U/B Alumni Association and the to collect fees. Career Development Office. "All this adds special pressure An attorney with the downto matrimonial law, especially if town firm of Siegel, Kelleher, you're a sole practitioner," she Hirschorn, Munley & Kahn, said. "You have to be a good busTownsend said her job involves iness person as well as a good "a lot of pressure," often requirlawyer to keep yourself going." ing her to put in 12- to 14-hours Turning to the public sector, days as well as work weekends. Richard Usen, an attorney with "You really have to be dedithe Erie County Department of cated," she said. "In practicing Social Services, said that while matrimonial law, you're dealing working within a bureaucracy with clients that are extremely has its drawbacks, it also has ceremotional. I do a lot of handtain advantages. holding, reassuring clients." "You have less freedom than A 1979graduate of the U/B Law private attorneys have in terms School, Townsend's job also in- of coming and going, and there cludes work with adoption, is no promotional advancepaternity, and divorce modificament," he said. "But I enjoy tion and enforcement cases. She greater independence in handsaid one of the problems in work- ling cases. I can negotiate for ing in this area of law is that "nowhatever settlement is proper. body's happy in the end, and the No one checks your box scores person who always gets criticized to see how many you've won or is the attorney." lost, and this makes it easier to Another problem which a pri- practice." vate attorney practicing matAn attorney with the cbunty for rimonial law can often face is col12 years, Usen said another belecting fees, according to Townnefit he enjoys is working 9-to-5 send. She said her firm works on days and having weekends and Vedge's Law 6 Opinion April 24; 1985 holidays off. One of 15 attorneys employed in his department, Usen said his work is almost exclusively done in family court, where he deals with problems of child support, paternity, and child abuse and neglect. Usen said applications for positions such as his are based on civil service examinations and range in salary from $22-48,000 per year. Eugene Fitzgerald, an attorney with the Civil Division of Legal Aid, characterized his job as "a fun place" to work. "The first day I came here I liked it," he said. "I deal with a lot of people in a rather relaxed manner." Fitzgerald said Legal Aid is composed of the Legal Aid Bureau and Neighborhood Legal Services. Within the Legal Aid Bureau, there is a civil division, a criminal division, an appeals bureau, and a law guardian's office. Usen said the criminal division is a good place to work if you want to be a public defender "because you get a lot of people thrown at you." On the other hand, an attorney in the appeals bureau usually spends a lot of time in the library, according to Fitzgerald. Law guardians deal with people 16-and-under and "handle just about everything" he said. Fitzgerald said salaries of attor- neys with Legal Aid range from $20-40,000 per year. "Legal Aid is great as a career or just as a stepping stone," he concluded. Bernard Friedman, formerly an attorney with Legal Aid and now in private practice, pointed out that private practice cases have a tendency to get more complicated "because you're dealing with people with potential assets," rather than indigents. "In the matrimonial field, expenses are outdistancing the money that can be set aside," he said. "With matrimonials, you can never say to the client when it will end. The attorneys will often make theclient as unhappy as the judge will." NYC Interviews in Fall CDO has begun organizing its recruiting season for the 1985-86 academic year. Members of the Class of 1986 and 1987 should note: On-Campus Interviews will begin on September 11. Resume due dates are expected to begin on August 26; Off-Campus Interviews in New York City are scheduled for October 4. Resumes will be due approximately August 29. A detailed schedule of employer interview and resume due dates and other information will be included with the Registrar Office's summer mailing of registration materials. Be sure that the office has a correct address for you. JAECKLE CENTER FOR STATE AND LOCAL GOVERNMENT LAW presents informal box luncheon at 12:15 p.m. Fifth Floor Faculty Lounge with Henry G. Williams Commissioner of the New York State Department of Environmental Conservation on Wednesday, April 24, 1985 by Cliff Falk �Review of 1984-85News and Events by Victor R. Siclari Provost Greiner started to asWith the school year coming semble a dean search committo a close, it is an appropriate tee. Greiner's plans evoked contime to look back and recall troversy with student leaders events that evoked controversy, claiming underrepresentation of had an impact upon our lives as law students by only having one students, and/or were once imstudent on the committee. Coinportant but have now faded into cidental was the release of statisthe recesses of our minds. The tics that showed the decline in following is meant to be such a academic credentials of the firstreview, one over which people year law students. Maybe can reminisce Or treat like salt in Greiner knew of the statistics bea not-yet healed wound. fore he decided on how many The first issue of The Opinion law students were to be involved of the 1984-85 school year covin the committee. ered several major announceHowever, we know that the ments. Dean Headrick informed Law School is held in repute elsethe faculty at a meeting on Sepwhere since the ABA/Law Stutember7, thathe intended to resdent Division-Second Circuit ign as of August 31, 1985, but consisting of all fourteen ABAwould continue in the position accredited law schools in New until a replacement was found. York, held its Fall Roundtable at Rich Gottlieband Rob Sant anU/B. Also, U/B was host to Jane nounced their candidacies for Slaughter,' a labor newspaper SBA President and talked about writer, who spoke on concession theirqualificationsandplatforms bargaining and was sponsored in a "Meet the Candidates" by the National Lawyers Guild forum and a presidential debate. and Buffalo Area Metropolitan Among the promises made by Ministries. Gottlieb, the winning candidate, U/B was an unfortunate host was a more organized and coheto an incident where James Grasive SBA with ample publication ble, from the Immigration and of agendas and issues to be conNaturalizationService of the U.S. sidered at meetings. He also Justice Department, made raplanned greater involvement by cists remarks in connection with other officers, a student activity his recruitment visit. Grable refee referendum, greater enrollceived criticism and condemnament of students as members in tion from law student organizathe ABA and NYBA, and greater tions, to which he responded participation of the law school in with an apology. Embarrassing decisions affecting it, such as the as this was for the Career Deunified commencement and the velopment Office, who invited impact of the management buildGrable, CDO was redeemed by ing on the law school classits selection of Lionel Rigler as rooms. Public Interest Career Advisor, a Other events worth mention newly created position. include the Desmond Moot Court Other new things at the law Board announcing its competischool were the informal box tion, the Federalist Society promluncheons sponsored by the oting its ideologies as a new orJaeckle Center for State and ganization, and the Buffalo Law Local Government Law, a new Review having selected its new election for business manager of associate members. Also, there The Opinion, and publication of were our columnists, Andy H. an SBA meeting and agenda. The Viets and Pudge Meyer, recountmore familiar things by this time ing their summers: Andy's daywere the Meanderings column, to-day meanderings in California the continuing saga of Meyer's and Pudge's "internship with the internship with the Carson Carson County D.A." County D.A., political commenThe next issue covered the retary by a Federalist member.Cliff sults of the SBA elections with Falk's humorous cartoons, and offices of president, vice presiVie D'Angelo's insightful poetry. dent, treasurer and secretary In the fourth issue of The Opingoing to Gottlieb, Tony Torres, ion, we find the SBA successful Glna Peca and Lisa Roy, respecin making Provost Greiner contively. An article about Dean cede to having two law student Headrick's resignation explained representatives on the dean that the reason behind his decisearch committee. Other good sion was a desire to return to news included the dedication of teaching. Other articles covered theKoren Center, an audiovisual President Reagan's visit to Bufarea located on the fifth floor of falo to promote his re-election, the library, new student mailsome thoughts on the presidenboxes to eliminate the doublingup problem, and a moot court tial political process, and commentary on the not-yet-effective competition that did not include New York Seat Belt Law. P.A.D., the destruction of library facilities, as did the previous the law school fraternity, announced its semesterly blood year's competition. Conferences at the law school drive, book sale and racquetball party, as well as its recordabounded. There was the Mitchnumber fall membership rush. ell Lecture on Feminist DisOne month and three issues course, Moral Values and the into the semester, University Law, and conferences on EnvironmentalLaw Enforcement in Western New York, and Jobs and Economic Revitalization. In November, there was some appropriate commentary by Federalist Society members on the electoral college, as well as on the D.C. Representation Amendment, and comparable worth. Other articles detailed a large influx of transfer students from Ohio law schools, a mock rape trial held by Section One law students, and the opportunities provided by the ABA/LSD and the Alumni Association. Some unnerving news revealed were the university's plans for a unified commence- ment and the SBA's last-minute decision to refuse -funding for a fall formal at the Westwood Country Club. However, the SBA decision was not allowed to go unnoticed as The Opinion condemned it in a scathing editorial. Nothing calmed down after the Thanksgiving break as The Opinion and SBA members engaged in further attacks over the Westwood decision. The controversy became heated even more when the SBA offered to donate student activity fee money for the American Famine Relief. After the SBA was informed by Joseph Stillwell, Assistant to Dean of the Division of Student Affairs, that such action was beyond their powers, this only gave support to The Opin- ion's denouncement of the proposal and added more fuel to the fire. On the lighter side of things, the Moot Court competition came to a close with Kathleen Tenney and Matthew Metz emerging as the winning team, narrowly edging out the team of Candy Vogel and Howard Spierer. In addition to those students recognized for their briefs and oral presentations, thirtythree second-year students were invited to join the Moot Court Board. Other victorious teams were Simplex II in the intramural Softball championship and One L Sec. II in intramural football. The closing comment for the semester concerned the procedures and policies for final exams, something we were all looking forward to finishing. The start of the spring semester found the Law School in an unsettled condition. Tony Torres had to resign due to a burden- some scholastic workload, leaving the position of SBA Vice President vacant. While Torres acted out of concern for his inability to properly serve students, other officials were not quite so responsible. The university seemed to turn a deaf ear on the problems in the Law School. The seventh floor continued leaking for the fifth year in a row and pipes in the library burst for a second year in a row. Of course, the internal fighting between SBA and The Opinion continued. More productive were students Charlotte Sibley and Sue Silverstein and CDO's Audrey Koscielniak who attended the National Conferenceof Public Interest Law Foundations, the Social and Commencement Committees which jointly sponsored a Blizzard Bash party at the Pine Lodge, and student Dave Platt who examined the policies on endangered species. The second spring issue of The Opinion carried new announcements: the installation of a faster and more accurate automated lc ciuiuiiininu contfttmtd on page /- April 24, 1985 Opinion 7 �SOLD OUT The live performance of the Summer 1985 Pieper Multistate Bar Review is completely subscribed. No further registrations are being accepted for this location. Limited seating is still available for the tape location in New York City at the Madison Square Garden Theatre on 31st St., between 7th and Bth Avenues for the A.M. session given 9-1 pm and the P.M. session given 6-10 pm. Registrations are also still available for the tape locations in Nassau, Suffolk, Westchester, Albany, Buffalo, Syracuse and Washington, D.C. Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue Mineola, New York 11501 (516)747-4311 8 Opinion April 24, 1985 �36th Annual Law Revue Packs TralfCafé Review of theLaw Revue Law Revue was a great success. Thanks to the talents and efforts of those involved in providing the entertainment, the quality of the Tralfamadore Cafe, and the attentiveness and enthusiasm of the audience, the 36th Annual Law Revue took a major step towards leaving behind the problems that plagued last year's edition. For those of you who couldn't The skits were not only funny make it to the Tralfamadore Cafe but mercifully short. Very few on March 24 this is what you jokes were beaten to death and missed. student abuse of the faculty Three hundred seventy-five seemed to be evenly distributed people showed up on a rainy thanks to the Mike Onion radio Sunday afternoon. Not too mystery thriller "Well, She Said." shabby when you consider that and the ever soulful Charles Carr the Revue was competing the Moot Court Competition. NCAA regional finals and the There was poetry by Vie usual number of Sunday mornD'Angelo; Tom Schofiejd reciting hangovers. ing the alphabet backwards at a blistering pace; a brief case drill team clad in its corporate best trying to march and keep a beat at the same time; and Supreme Court Justices dancing to "I running smoothly and kept bad jokes at a minimum. Technically, the show went off without a hitch thanks to the gargantuan efforts put in by Peter Scribner at the lighting booth andLori Cohenbehind the stage. Dan Elias who gathered together the musical talent (as well as performing in just about every musical act) and Howard Spierer who coordinated the production should be commended for laying the groundwork and setting the level of quality for future Law Revues. Although this production ran close to four hours it was an enjoyable, fast moving, and painless four hours for both the performers and the audience. The entire Law Revue was video taped and is available for viewing in the A/V department. Heart It Through The Grape- vine." A major reason for the success of this year's show was the over- whelming participation by first year students. Section One provided the Revue with two skits: Bad Ethical Theatre in which Calvin Klein, Dr. Ruth Westheimer, Paul Harvey, and the Queen of England interjected their expertise upon sticky legal dilemmas The Hoi Cargo Siring Band and "Let's Strike a Deal" which allowed convicted felons to seal their fate by selecting doors number one, two or three. From Section Two we had "The Honeymooners" which hinted that Profs. Katz, Freeman, and Mensch bore a subtle resemblence to Ed Norton and the Cramdens. Musically, the first Briefcase Drill Team year provided the Revue with guitarists Kate Barth, Andy Winston, and Paul Karp as well as pianist Steve Ricca. The musical acts were of the caliber of entertainment that normally appears at the Tralf on any when the admisgiven night — The Honexmmmers — "Mensth and Freeman' sion charge is substantially greater than the dollar charged for the Law Revue. It varied in form from, the tight blue grass harmonies of the Hot Cargo String Band (charter members Atleson and Engle insured the bands continuance into the next two years by quickly signing on some of the first year musicians to replace the band's graduating members) to the scintillating jazz riffs of Lou Del Cotto and the Re- Mike Onion's Mystery demptions and the pulsating rock/fusion of the Steve Connelly Band. Prof. Majorie Girth provided one of the afternoon's comic highlights with her explanation — of the many uses of the UCC Uniform Cohabitation Code. M.C.s Randy Fahs, Howard Spierer, and George "Who Loves Ya Baby" Villegas kept the show photos by Victor R. Siclari Sieve Connelly Band Louie D and the Redemptions Sandra Day and the Supremes M.C. Howard Spierer John Kolaga (left) onflute accompanying Mary Breen in "Sendin the Clown* April 24, 1985 Opinion 9 �ter Tax Guide, this thing that that just makes it a little easier. people use when they work for But the only real courses worth H & R Block. It was just all these teaching, the only way to teach rules, like if you're a policeman, is to get students challenged. can you deduct for buttons; and When you get out, the only kind you look it up and that kind of of work that is going to satisfy stuff. you intellectually is work you are I came away saying to my fel- putting your own creativity into, low students "tax isn't law, what covering things nobody else has the hell was it doing in law done. That's where a lot of school." As I became disabused money is going to be made. of that notion, through discus- Q: So why aren 't you out making sions with Lou, I could see that a million dollars a year as a big it satisfied my interest in the time tax lawyer? workings ofadministrative agenA: Because I like teaching; I alcies, and also it is one of the few ways have. I don't think I could courses where you get the mix last out there, unless I was between the legislative branch, plunked down into the middle of a big firm where I was treated as the judicial branch and the administrative-executive branch. a professor; allowed to do re- by Peter Scribner The following interview was conducted with Law Professor Ken Joyce in early March. Prof. Joyce will be leaving on sabbaticalafter this spring to take a position as Research Director with the New YorkState Law Revision Commission (see accompanying article). Joyce has a reputation as being a lively and challenging instructor, who can take a subject such as tax potentially dry as dust and turn itinto a fascinating, intellectual exercise. This interview took place following a Tax II class where several groups of certifiably normal law students lingered after class to question each other as to what B's basis in Blackacre was after some extraordinarily complicated transaction. Joyce and Lou DelCotto both teach Tax I and 11, and have co-authored several scholarly articles on tax subjects. The interview took place in Joyce's office, which was incredibly unkept, even by law professor standards. Piles and piles and piles of papers and books lay on every horizontal surface. Rumor has it he is the only faculty member to have a work-study — — ... A: Yes it is Q: Even after 20 years you still have a close connection. We all know the Doug Flutie Ruleof Tax, and your daughter's going to Boston College by the way, do you just have one kid? A: Twokids. Michael's in his third year at Canisius High School, and he'll probably be looking at schools in the area. Q: So how have you felt twenty years in "exile"? A: Well, both my wife's family and my own have been in the Boston area. And before we bought a home in Buffalo we bought a cottage in Cape Cod, which we still own but haven't gone to in the last five years be- — student assigned to clean up his office. For two hours, the Professor spoke on his upcoming plans, his background, and on his progress or lack thereof in grading exams. Joyce speaks in an unre- — — constructed South Boston accent, despite twenty years on Lake Erie. A Red Sox and a Bruins pennant adorn the walls. After graduating from Boston College Law School in 1961, Joyce served as a law clerk to Judge Paul Clerk of the Massachusetts Supreme Judicial Court. He planned eventually to go into teaching, specifically in administrative law, and so clerked with the United State Court of Appeals for the District of Columbia Circuit. Forty percent of the work of the D.C. Circuit involvesAdministrativeLaw. In his third year out oflaw school, he received a Ford Fellowship in legal education, and received his LLM at Harvard. Q: How did you end up at Buf- falo? A: One of my administrave law professors at Harvard was a former U/B Law Dean, Louie Jaffe. When I was looking for teaching jobs, he said "Did you ever think of Buffalo," and I said "Where's Buffalo," and he said, "You get on the New York Thurway and you drive and you drive and you drive." I interviewed here, liked thepeople, and began teaching here as an administrative law instructor. Q: When did you get into tax? A: It wasn't until five or six years later that I began to get interested in tax, primarily because of my association with Lou Del Cotto. I had no interest in tax. I hated tax in law school. We used the Mas- Professor Joyce Takes a One Year Leave from U/B So I thought I'd give it a try; and the more I got into it the more it interested me from a theoretical point of view, a teaching point of view. And over the years it seems to have been challenging to stu- dents, which is good. Once they got over the initial fear of it, they seem to enjoy working with it. It's a good vehicle for challenging them, challenging their analytical skills. Q: / have to admit that I was expecting something somewhat similar to what you just described that you went through; and I found it amazing that you could approach tax in this highly theoretical matter. A: If you work at it looking for that, looking to develop that, you'll get there. You can come at other courses of law like that. For example, at many places antitrust is taught as a series of rules that you get out of cases. But that's not a good antitrust course. You have to get into the economics, the business practices, the mesh between theory and cases, things like that. And that's the good antitrust course. And I'm sure you can say that about any of these courses. Some of the common law courses lend themselves to theoretical development, but search and advise lawyers and things like that — I've worked in the "real world," but it's not been with clients. The idea of repre- senting people on a day-to-day basis, drawing instruments that's not what I would do well. I'm sure if I had to I could make a living out of it, but that's not what I want to do. I think that's why most teachers stay in teaching. It's certainly not that it's easier. Q: You look like you're having the time of your life"up there, pacing up and down, making little x's on the brick wa11... A: I am. I am having a good time. But let's take today's class as an example. I've been teaching that particular area for maybe ten years. I spent three and a half hours the other day on a train from Buffalo to Albany preparing just today's for today's class class. So when I'm having the time of my life it's because, God damn it, I've workedfor that.And it's very satisfactory to see how it works out. Q: Buffalo is some distance from Boston... — — since last October. Last semester he went down to Albany for a day U/B Law School Professor Ken or two at the end of each week; Joyce will be leaving the school this semester he makes the trip on sabbaticalafter this semester at the beginning of theweekeach to take a full-time position as Reweek, all while maintaining a fullsearch Director of the State Law time teaching load here. In fact, Revision Commission. Although spring has inhis seminar this he will be returning here to teach volved student research in varinext spring, Prof. Joyce is not ous areas the Commission is certain at thistimewhathis plans working on at this time. Some of will be after then. this student research may evenJoyce, who has been teaching tually result in legislative enactat U/B for twenty years, has been ments. associated with the Commission The Law Revision Commission as a consultant in the powers and reports to the New York State trust area since 1971. He has Legislature, and suggests imbeep working part-time as the provements of New York staCommission's Research Director tutes. The Commission's work Opinion April 24, 1985 10 The Tax Man from Boston by Hater Scribner YJO CE you really couldn't ask for any- thing more. On the other hand, at this point I can be autonomous enough so that even if went to a hell hole as far as a faculty, I could to some extent rise above I it. Q: There are various things that students find disconcerting. One is grades that seem to take forever to get reported. Various professors seem to be associated with this, and somehow you have made the first team. How does this happen? A: Why don't I get grades in earlier? Complete procrastination. there are people This is to say who get their grades in earlier than a lot of people. I have to ... think that grading papers, grading bluebooks is not as distasteful to them as it is to me. I absolutely hate it. There are very few things that I can think of that are worse. Riding on an airplane is probably the closest. As the years go on, the only harder thing in terms of being a professor tha*n grading papers is making up examinations. But once you do it, it's done. But these blue books are forever. Once you get into them, as eventually you have to, they're not as bad as you always thought they were. But that's just the procrastination syndrome as applied to blue books. That's not an explanation, and certainly not a justification, but it is the plain truthof the matter. Q: Based on that, what work with the Commission do you expect will also be distasteful? A:The work of the Commission is comparable to what I have been doing as a professor; writcause it has suffered great physing for publication. You have a ical depreciation. And believe it lot more control over the subject or not there's a problem with the (compared to writing an exam); deed. When we first came here, it's doing what you want to do we would spend a couple rather than what you have to do. months in the summer at Cape When you do an examination, Cod. We've been going less and you're really doing a chore that less, but still try to go for a couple you have to do that you would weeks each year. never do. I mean, who the hell My wife has been a teacher of would ever give an examination handicapped children all herlife. or take one unless they had to. She began the first program for Whereas this kind of thing is autistic children in the City of Bufmore creative. On the other falo. I've enjoyed Buffalo, enhand, when it gets down to the joyed the faculty, enjoyed my nitty gritty, it's just like any editor work very much. I've maintained will tell you: it's wonderful to my family contacts, but frankly have these great thoughts, but Boston now is to me a nice place try to put them on paper in a way tq visit. We've always planned to thatcommunicates themto other retire to Cape Cod, but that's people... it is drudgery. But down the line. then when you get through with it, it's nice. You say, let's go have Q: In Albany, though, you'll be a beer. closer to where they speak norProfessor Joyce has demal English. monstrated that it is possible to A: To the extent that Albany be lively, interesting, and a firstmakes our family within shootrate academic instructor and ing distance, we'll beable to have scholar. I would, like to express more contact. But professionally, my appreciation for the time he I've never been dissatisfied with gave for this interview, and even this place such that I would be more for the time he has given looking for greener pastures. I to his classes and his students think that the facility for profesover the past twenty years, and sors here is far better than most to wish him well in his new opplaces, far better. As far as the portunity with the Law Review staff that we have and the supCommission. port that we have in my areas. runs the whole gamut of NYS Civil Law. For example, current issues being studied include child custody, attorney fees in eminent domain proceedings, the tort of maliciousprosecution, problems in the domestic relations law, and gubernatorial inability (similar to the 25th Amendment in the U.S. Constitution). Staff attorneys and consultants assigned to these studies write up reports similar to law review articles on defects and anachronisms in current law, and suggest legislative changes. The job of Research Director involves supervising these studies. Joyce enjoys the Commis- sion's wide- scope of activity, especially since most of his work here has been restricted to the tax field. "It gives me a chance to get into things that I have really not looked into since law school, because I've been teaching in an area that more or less commands your entire attention," he said. Joyce emphasized thathis sabbatical and Albany and subsequent uncertain plans do not arise from any dissatisfaction with teaching or this law school, but rather suggest the possiblity of new career goals. �. Defector Describes Russian Legal System by Timothy J. Burvid Speaking from personal experience, Professor Lev Pevzner presented a detailed lecture on law in the Soviet Union on March 21st in Knox Hall. Sponsored by the U/B Russian Club, the lecture covered Soviet Law in general as well as differences between Soviet and American law in particularbranches oflaw. Professor Pevzner practiced law in Leningrad for nearly forty years, before emigrating to the United States in 1980. Presently, he is a Professor of Law at the University of Indiana and a paralegal in Indianapolis. According to Pevzner, the most important difference between the legal systems of the Soviet Union and the United States is in the nature and function of the judiciary. While there exists in the U.S.S.R. a system of appellate courts, their role is almost exclusively limited to procedural review. In no court may a judge or lawyer challenge the constitutionality of a law. While the lecture was basically informational, Pevzner critically commented on this aspect of the law. "While in the U.S., there exist three balancing parts, the judicial, the legislative, and the executive, in the Soviet Union no judicial body looks for the constitutionality of the law." Pevzner added that there do exist some ways in which laws are reviewed. Chief among these is through the Office of the Procuracy. The Procurator General and his agents examine laws to determine whether or not "they correspond to the letter of the constitution." While they cannot declare a law unconstitutional, they make presentations to the legis- lative body promulgating the law, who, in their own discretion, may reform the law or reject the presentation. A less dramatic way of reviewing the law comes through natural legislative reform. Another peculiarity of Soviet Law, according to Pevzner, is the absence of a jury system. Judges decide questions of both law and fact, consider mitigating or aggravating circumstances, and pass sentences. Trials take place housing from the State, there is no landlord tenant law. Pevzner stressed that while such laws seem strange to Americans, they naturally result from the Soviet a small percentage taken from a worker's weekly wages for up to economy. two years, and assignment to a The Soviet Union also differs new job, probably for less pay. in various ways in the field of In sentencing a defendant, an criminal law. Soviet defendants important feature ofSovietLaw is apparently do not fare as well in the treatment of intoxication as the criminal justice system as an aggravating circumstance. their American counterparts. Despite state efforts to stem the There exist no provisions against tide of rising alcohol abuse by self-incrimination, such as the continually raising prices, alcohol consumption is ever in"Despite State efforts to stem the tide of rising creasing and lies at the root of alcohol abuse... alcohol consumption is ever many crimes. Pevzner estimated increasing and lies at the root ofmany crimes." that 90 percent of all disorderly behavior arrests involve drunken Miranda warnings. There is no before three "judges," one predefendants, and that "not less grand jury. Every facet of the prosiding judge, and two lay assesthan 75 percent of all bodily insecution is the police, sors. The presiding judge usually handled by jury cases, including rape and has at least three years of legal and then the Prosecutor's Office. murder, are caused by drunken there are strict hand, On the other experience, and is "elected" as defendants." If a defendant comthe sole candidate for that office, laws dealing with evidence. mits a crime while intoxicated, the material collected All by chosen by the Ministry of Justice. the sentence is automatically exThe lay assessors are workers, the investigator, the police or the tended or increased unless the elected by workers' collectives, KGB, must be in writing. All courtjudge specifically justifies a dcciroom testimony has been previin area industry or farming. "Together, the three take part in the ously taken down in writing and signed by the witness, invesadministration of justice," Pevzner indicated, and each has an tigator, or defendant, so that testimony in court when the trial equal voice in judicial determinations. takes place cannot be altered. Defendants also do not fare Pevzner later addressed laws that are idiosyncratic to the very well in the distribution of Following is a list of student Soviet Union, because of the punishment. A person may be names, along with the course and the teacher or activity, who very nature of the Soviet State. sentenced to capital punishment For example, as would be exfor eighteen crimes, including were recognized for their exemplary work in an Honors bribery, rape, and foreign curpected, private entrepreneurial rency offenses, but not including Convocation held Wednesday, activity constitutes a criminal ofApril 10, 1985 in the Moot Court fense, as does corrupt actions by various state offenses also punishable as capital offenses. Room. state employees in the marketPrize place. The sale of gasoline and Pevzner pointed out that the list First-Year Box (for overall outstanding work) other lubricants is illegal, due to of capital crimes has been increasing since 1950, when capital Ann Baker, Chris Beida, Brenda the scarcity of oil. punishment was reinstituted Bland, Quincy Cotton, Matt Since there is officially no priRussell, Caroline vate business, contract law does after a three year moratorium, Fusco, Dianne not contain any provisions for but there has been a recent trend Silk, Martin Tykinski. against using capital punishment dealing with commerce law. LikeMugel Tax Competition wise, because all citizens lease and towards eventually decreasJohn Garas Went to semi-finals Steve Schop tivitieswhich have enhanced the quality of law school life in general and, of course, for minority students in particular. In addition to its overall goal of increasing minority participation in the American legal profession, BLSA views itself as an important adjunct to the social, emotionaland educational life of minority students. As a general proposition, the efforts of the U/B chapter have focused on activities which aim to make thislaw school more hospitable and responsive to the concerns of minorities. In addition, however, BLSA seeks to provide a social and emotional support group for students undertaking the always challenging and sometimes trying experience of acquiring a legal education. BLSA's initial activity for this -academic year has been its cosponsorship along with LANALSA of a two-day orientation for minority students and students in the Legal Methods Program. This orientation was an early way of finding out about the law school and the program, exploring the range of student attitudes and reactions to it, and creating an initial kind of bonding among minority students and Legal Methods studentswhich was undoubtedly helpful insofar as developing the support system(s) si essential to law school. BLSA also sponsored the annual Law Day program which was the most successful ever in sion not to impose the extra pen"Thus, if a defendant has been drunk and committed rape, the court is duty bound to give reasons why the drunk should not be treated as having committed the crime with aggravating circumstances," Pevzner stated. also Professor Pevzner touched briefly on other areas of Soviet Law, including Family Law, Inheritance Law, and the Soviet Constitution. Later, he fielded questions from a small but inquisitive group for nearly an hour, addressing such issues as abortion, contraception (not as technologically advanced as in the U.S., he admitted), legal education, women's role in the legal system (more than half of Soviet judges are female), and the freedom of religion. Presenting an essentially informational and non-controversial lecture, Professor Pevzner managed to touch on a large variety oftopics. alty Students Honored For Accomplishments BLSA Alive and Well at U/B Once again, the Buffalo chapter of the Black Law Students Association has sponsored or supported an important array of ac- ing the number of offenses. Other unique forms of punishment include the correction tax, terms of the number of people attending. Law Day is an effort to identify potential minority students who may be interested in pursuing legal careers. While as a recruitment vehicle its impact is largely local, it is a way of getting the word out about U/B Law School and thereby increasing the pool of potential applicants. The Frederick Douglass Moot Court Competition was another important activity engaged in by BLSA. The Douglass Moot Court is a national competition whose focus is on Civil Rights litigation. It is broken down into eight regional competitions with the winner of these going on to determine the national winner. The Northeastern regional in which Buffalo competed was held at Syracuse University Law School. Of the ten law schools on hand, Buffalo sent the most teams (3) and while none advanced to the national finals it was an important and relevant educational experience for all those who participated. BLSA has also sponsored activities thathave been purely social in nature. One example was a benefit basketball game with radio station WBLK. Intended as an organizational fund raiser, the game raised more laughs than dollars. Because the BLK team resorted to using a few "ringers" the ball game was something of a rout. Unfortunately, for the next few days theBLSA team also had to endure the ignominy of being lambasted over the radio airwaves by a 400-pound deejay whose only personal contributions to the victory were a couple of devastating pick-and-rolls plus 3rd best oralist . First-Year Meiselman Award - (for best work) Mary Ann Bobinski Moot Court Cardozo Entertainment and Communications Law Competition Alan Pleskow Best oralist Eric Turkewitz 4th best oralist ABA Appellate Advocacy Competition Art Scinta & Rob Sant Quarter Finals J. Braxton Craven Competition (Best Brief) Rich Gottlieb, Ed Markarian, Mark Mulholland the ability to totally engulf the middle of the lane. Also in a social vein have been the pot-luck dinners co-sponsored with LANALSA. The most recent affair boasted a gourmet spread of international cuisine that provided not only good eats but also an opportunity to involve families, spouses and "significant others" in the law school experience. BLSA hasalso co-sponsored or provided financial assistance to other worthwhile groups and activities. Among these were the South Africa Support Group and its recent film program on apartheid. Underlying such supportive efforts is a willingness to coalesce with other organizations who may have likeinterests and concerns. BLSA does not see itself as a one-issue organization or as acting in a political vacuum, but rather is eager to work with any group or individual around progressive issues or ideas. BLSA's final planned activity for thisacademicyear is a Recognition Luncheon to be held at the Kensington Place restaurant in Buffalo. This- is the second of what is hoped will be an annual event. The luncheon is held to honor and award this year's minority graduates of the Law School and will feature as keynote speaker a minority prominent in the legal profession. Finally, it should be notedthat the mantle of organizational leadership has been passed on. Our office is located in Room 506 O'Brian Hall. Course CivilProcedure Students Quincy Cotton Teacher MarcAlpert Olsen Spiegelman Matthew Fusco Karen Hassett Property/Natural Resources Ann Baker Meidinger Con/Torts Constitutional Law Mensch Freeman Property Chris Bieda Chris Bieda Chris Bieda Freeman Con/Torts Quincy Cotton Lindgren Property I Margaret Abate Kaplan Criminal Law Peter Abdella Ewing Torts/Conflict Resolution Conflict Resolution/Field Studies Con Law I Criminal Law Labor Law Master& Slave Seminar Clinic Clinic Sex-Based Discrimination ConsumerProtection Debtor-CreditorRelations Law & PublicEducation Sales& SecuredTransactions Taxi Mary Anne Bobinski Engel MaryMcManus Engel Walter Ramos Albert Charlotte Sibley Matthew Metz DaraSilberstein Terry Brown-Steiner liana Gruebel DianeRussell Kevin Ketchum Sarah Ayer Binder Atleson Binder Carpenter JohnKolaga Gerken Girth Girth Girth Newhouse MaryBreen Schlegel Ann Baker DelCotto MariaBrown Ed Peace Corporate Tax Cindy Algase Corporations I Mitchell Banas Douglas Edwards Joseph Coleman Susan Laluk-Schultz Paul Chiaravalloti Charlie Alexander Corporations II HealthCare Taxi ■ ■ April 24. 1985 Opinion DelCotto Schaeftler Schaeftler Albert Joyce 11 �Pudge's Corner: Cliff Barney's Health Spa— by Pudge Meyer A few months passed, and Chuck got fired for not cleaning the water-fountain. It had been about two weeks since Misty and I bumped into each other while food-shopping at Frankie's Farm Market. I usually get a little up-tight in the Market, and as I began talking to her, the back of my neck was feeling very damp. She was staring in my shopping cart. I figured that would blow my chance. I was wrong. "Wholly cow. Cliff. Look!" She pointed to my cart. I couldn't be- "" lieve it any more than she could. Boneless turkey breast, sliced turkey breast, brown rice, lentils, dietetic salt, three bottles ofclub soda, whole wheat honey-andraisin bran-bread, Planter's Cheese Balls and a small thing that's exactly of dental floss what I had! Well, not exactly I had a big thing of dental floss. No matter. From that moment on, we realized that we were made for each other. I gave her a quarter so she could call her husband and tell him that. I saw her the following day at the spa. She told me that her husband was very understanding. I figured she could set him straight She started walking back to one of the ofices. "Hey Misty how about that quarter you owe me?" I eventually established a love- — — . — hate relationship with the lifecycle. I was up to twenty minutes on level eight. Somebody said that means that on a sunny day, I could ride to the Amish country and back in thirty-five minutes. In fact, that's what I usually wished I was doing, rather tha.n have to talk with some of these zimheads. "Hey, yo, man, yeah." I looked to my left. This guy was wearing a funny red ban- dana. I grudgingly said hello. — "Yeah, man, the name's Ray as in Ray of Hope because that's what people need if they gonna deal with me. Hey, you know something? I never seen you nowhere how could that be?What are you, new in town?" I couldn't take much more of this. "No, I'm not new in town. Forgive me if I didn't check in with you when I moved here six years ago." "Hey, baby, don't get wise." We peddled in silence for a few minutes. I guess he didn't know how to handle me. He started over with some light conversation. "I can't wait to get my wheels back." I knew I had him intimidated, so I began taking — — liberties. "Oh are your roller skates in — the repair shop?" "What's this bit with the roller skates? I'm talking about my rig, my wheels, my baby." "Your baby?" "Yeah. She's the hottest fourwheel drive thing you ever seen. Fitted with those new Gandy — struts handles smooth as tequila. Yep I love that pick-up — more than life itself." I had heard Saga: Conclusion that expression before but never about a pick-up truck. This guy had to have mashed potatoes under that bandana. He kept right on talking. "Yes sirree I'm a Forrester. I ride that baby up and around backwoods trails as part of the efforts of the new preventive forest fire team. You see, puttin' out fires jest ain't good enough too much damage. We try to git 'em afore they start." "Soundslike a pretty dull job." "Oh, it is at times. But I got fourteen speakers hooked up playing the best Pat Benatar; we bring a couple ofcold burritos no, about eight of them and me an' my partner play trivia Hey, listen to the one he got me on yesterday: What was the name of the pet monkey on the show Lost In Space?" "That's easy Debbie." "Darn it I couldn't remember, and he wouldn't tell me. Yep Debbie. It must've took them quite a while to find a monkey with pointed ears How about this one: What .star of Bonanza also played on a segment of the Three Stooges?" He had me there. When I was young I wasn't allowed to watch any silly shows. In fact, I didn't see my first episode of Bonanza until I was twenty. "You give up? It was Hoss Dan Blocker. He played a mad scientist. Boy, was that funny. — — .. .. —— — — — — Yekyek-yek." That was all. I left him like a helium balloon in a three yearold's hands. It's a good thing that someone finds jobs for these guys far away from real people. I walked over to the sit-up boards. I had just sat down when Ray came charging over and yelled, "Get up, you fool I'm — doing sit-ups now." I laughed, thinking he was kidding. He wasn't. He punched me square in the head. Out of instinct, I told the referee I was okay. I thought I saw another punch coming toward me. It never landed. I eventually realized that Dorianne, who was doing behind-the-neck presses with 180, dropped the weight, came running over and got him in a bear-hug. He couldn't break it. Things calmed down, and he left. "Thanks, Dorianne. And he thanks you, too because I was about to lose my temper. Did you find that piece of pipe he hit me — with?" She "Buzz off, laughed. squirt." Misty had come out after hearing the commotion. Then she caused some of her own. "Yeah, Cliff I'm glad you are all right I just got off the phone with Bill "Big Bill" Harris. He's the majority shareholder of Scandinavian Health, Inc. Says he wants me to spearhead the new ... — facility." — "That's great where is it?" "At the St. James Club, on Antigua." "But —" My heart fell to my shoes. "But that's over an hour away I've never been over an hour away ... I can't, I — just can't go with you." "Cliff, you poor boy. You mis- undertand me. Of course you can't come with me. We both know that could never work. This is good-bye." She walked out. I was devastated. I did what I always do got in my car and headed straight for Frankie's Farm Market. My eyes were so watery that I did some fake sneezes so people would think I had an allergy. "Bless you." I turned around to say thanks. It was Misty. "But what but what are you doing here?" I stammered. "Same as you I had to rush over and get some cheese balls. I exAnd I got something else changed my round-trip ticket for two one-way fares. Come on, we have to hurry!" I knew my little scene back at the spa would work. In fact, the whole scheme was over. I thanked all the participants, including Bill "Big Bill" Harris, who is, of course, my uncle. Misty and I have been living at the St. James Club for two years now. Whenever it gets dull I listen to some good Pat Benatar I can't stand-bad Pat Benatar and eat some cold Burritos. You ever hear of Alvarez, Alvarez, Newman and Alvarez? I figure they'll open up an office down here one of tJiese years. They'll need me, because I speak the local jive. Yes, I'd say things worked out exactly according to — — — — — — plan. Warm People Compensate for Buff's Low Temps by Alan Stewart Warning: Those (few) readers who derive comic relief from my articles should turn the page and look elsewhere. What follows is not written for laughs. The Opinion has done it, the SBA has done it, and various students from differing backgrounds have done it. There's no keeping track of the number of individuals and groups who have aired their positive and negative thoughts regarding the Law School in the nearly three years that I've been here. Well, it's my turn now. I've received more Q's than otherwise, and have faced my share of unfair exams and unfair professors in the past few years. Is it a wonder that with all this, and the arctic weather to boot, I'll miss this school when I leave? Not really. With all of the moaning and whining about the grading system, one might think that a costbenefit analysis would favor a change from Q's and H's to B's and As. So why do I sit here satisfied with my Q's and H's? Simply put, becasue the trade-off was worth it for me. Call it a "false" atmosphere of decreased pressure, call it the wholesale herding of students "Q Stuinto one category dent," and criticize it as you wish. So long as you recognize the possibility of a more comfortable academic experience with the present system, you can fire — 1984-85 Year in Review continued from />«#<' 7 circulation system in the Law Library; the organization and production of the annualLaw Revue; opportunities for students to meet and talk with prospective faculty; the declaration of SBA vice presidential candidacies by Todd Bullarri, Lori Cohen and Andy H. Viets; and the dates for commencement activities. Missing in The Opinion were the meandering column whose -» author was too embroiled in elections, and the continuing saga of a Carson County D.A. internship which had come to a close and was replaced by Cliff Barney's adventurous enrollment in a " health spa. The end of February brought about more news, some on new and some on old topics; the dean Opinion 12 selection committee was no closer to selecting a replacement for Headrick; two more pipes burst in the Library, creating Amherst's own Niagara Falls; teachers failed to hand in course grades before the deadline set by their own Senate; Cohen was away. dispute that it can be difficult explaining the Buffalo grading system to potential employers. All that I'm saying is that some students gladly accept such difficulty in exchange for I don't the type of academic life this school has provided over the years. Count me among those students. My major complaint about the Law School is that it is located in the frostbite capital of theworld. That's reason enough to stay away from a school as far as I'm concerned. So why don'tI regret spending three winters in bonechilling weather? Is it the Law Library, the Law School, the education I've had at my fingertips? No one would pretend to think award in the Craven constitutional law moot court competition, while Stephen Schop was third-best oralist in the Mugel tax moot court competition. Results from referendums found U/B law students supportive of a mandatory student activity fee, a one-dollar increase in the fee, and the continuance of the present grading system. In a elected to the position of SBA less supportive move, several vice president; and Viets was students denounced the univerback at his meanderings. Some of the more national to- sity bookstore and proposed a pics covered included an inside non-profit bookstore to be run of law school. Other stulook at the situation in Nicaragua out the dent disapproval centered on the by two U/B Law students, and functionability of availability in proposed cuts finanReagan's change machines and the propcial aid, and an ALI-ABA sponosal to convert the fourth floor study course of ofenvironsored student lounge into secretarial mental regulations. offices. with acMarch was bustling Again, there were announcetivities. U/B law students Rich Brooklyn ments: D.A. Liz Gottlieb, Mark Mulholland and Holtzman agreed to speak at Ed Markarian received best brief commencement and SBA-char- April 24, 1985 that I ask such a question seriously. Granted, I feel quite fortunate to have been able to use the Law Library, and to have been a student at this school the past few years. However, the only thing making the cold winters bearable has been the people here. If you haven't thought of your law student friends as a small part of the community of Buffalo law students, and proceeded therefrom, such an outlook might be worthwhile. It can (and has served to) make a cold winter that much warmer. As long as I'm on the subject of people, I feel compelled to include this last note before leaving the pages of The Opinion (and eventually the halls of this school). It is always regrettable tered clubs National Lawyers Guild and Gay Law Students Or- ganization outlinedtheir goals an purposes. More talk centered on environmental mediation, and how to find jobs in public interest law and Florida. Finally, in our previous issue, an article investigated the rumors of circulating lists offirstyear students' names and grades. Another article on grades was comprised on a survey ofthe grades given by each teacher, an evaluation of the grades, and a proposal for reform. More lectures and conferences were held at U/B. Harvard Professor William Kristol presented his views on the future of civil rights under a Reagan Court, while U/B Professor Jacob Hyman offered a balance viewpoint in this Federalist Society sponsored event. Other events included a Baldy Center sponsored conference on to studentswhen a fine professor has to take time off from his teaching to pursue other endeavors. In the case of Buffalo Law School, Professor Kenneth Joyce will spend next year as a member of the Law Revision Commission, benefiting the people of the State rather than the students of this school. Although the student body's loss will be New York State's gain, the absence of Professor Joyce will be felt. Buffalo Law School will eagerly await the return of Kenneth Joyce, whose intelligence, teaching style and personality render him a unique and necssary part of this institution. He's just another positive force that comes to mind when thinking of this Law School. economic development, career panels sponsored by CDO and the Alumni Office, and more informal box luncheons by the Jacekle Center. Finally, we have this issue, the last issue of the spring semester and the 1984-85 academic year. You can look for yourself, make comparisons, and see the advances, if any, that have been made since the beginning of the school term. You can be the judge of whether this year is to be marked as one of acclamation, disrepute or insignificance. In closing, The Opinion wishes to extend its deepest sympathies to Al Stewart for being unable to take a printable picture of his fuzzy, furry monster feet slippers to go along with his articles. Al felt slighted and thought that students should have something else to remember besides Viets' backpack. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7319715a706d70662fad3b860b6886d3.pdf 1044ce62d70c944420e9d8104cd41bd9 PDF Text Text OPINION V01.26 No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 23,1985 Schlegel Assumes Acting Dean Post New Dean Appointment is Unlikely Until September '86 Schlegel Dons Caretaker Role as Search Continues by John K. Lapiana Describing his role as a "caretaker," Acting Dean of the Faculty of Law and JurispruSchlegel dence John H. explained that there will be little change in law school policies during a tenure he predicted will last "no longer than a year." "While I don't want to see the school grind to a halt, I see little reason to change what's going on," he said. "As dean, however, I may have to nudge things along to keep things moving. "Schlegel is replacing former Dean Thomas Headrick, who returned to teaching this semester. Calling the law school dean "the guy in charge of pushing the paper," Schlegel, who served as associate dean for the past 3 years, explained that the important policy and direction decisions are instigated and implemented primarily by the Faculty. "At this school, it's theFaculty which does most of the (policy) work as a whole," he said. "That's the nice thing about the job; the Faculty runs all the-big things and the dean is not asked to pull the boat down the Volga alone." Even with a dedicated and involved faculty, Schlegel, whose academic interests lay in American legal education and theory and corporate and procedure law, does expect to be involved in on-going law school concerns. For example, he noted, the school's admissions policy still "needs work," an especially important concern due to shrinking numbers of applicants nationwide and changing demographics. Schlegel foresees an "18 year trough" in the available student applicant pool beginning as the tail-end of the post-World War II baby boom enters college and continuing until their children are be ready to start postgraduate study. The problem, though, he said, should be less severe at UB than at the "marginal private law schools." However, he warned, as fewer New York State law schools begin to feel the population pinch, UB administrators should be prepared to fend off increased politicial pressure to aid private law schools at the expense of the State University. "Dealing with the problem (of a declining student base)," he said, "may be made infinitely more complex by New York politicians." However, he did note that in budgetary battles. State administrators are becoming less dependent on basing funding decisions primarily on student population statistics, looking more to other variables. Beside the admissions policy, by Jeff H. Stern Chairman of the Law School Search Committee and Dean of Management Joseph Alutto told The Opinion that the search for a new law school dean will have to be reopened and extended through the current academic year, since the candidates who were interviewed here late last spring "didn't quite fit what the Committee was looking for." Meanwhile, University ProJohn Henry Schlegel vost William Greiner said in a telephone interview that a new "That's the nice thing about law school dean will be on the Dean the job; the Faculty runs all job "by next September." "It's not at all atypical for a the big things and the dean good law school to wait and find is not asked to pull the boat the best candidate rather than down the Volga alone." simply filling the position," Alutto said. "What you're balancing is the desire to have a dean against the desire to get the high quality candidate you want, and sometimes that's a difficult trade-off." Currently, Law Professor/Associate Dean John Henry Schlegel is serving as Acting Dean, replacdicative of the school's national ing Thomas Headrick (see acreputation as an educational incompanying story). Headrick, novator. who was appointed dean in 1976, "UB is increasingly becoming resigned from that position last known as a place that is doing month as expected. interesting things in education Acting Assistant Dean of Adboth in the area of social science missions and StudentAffairs and perspectives and in terms of a Search Committee member collection of legal scholars as- Steve Wickmark said that alcontinued on pane 10 though those interviewed last spring were "all good candiliability for the cost ofthe repairs. dates", none of them "had what by Victor R. Siclari Although the builder was found the Committee as a whole and The State University of New to be at fault, recourse by the Unithe Faculty felt was needed in a York will spend at least $120,000 versity was unsuccessful since dean." for internal and external repairs the builder's bond insuring the "Once you get to be a good on the roof ofO'Brian Hall, Dean construction had been released enough law school and acquire Vice H. Fredericks, Assistant many years ago. Instead, the UniPresident for Physical Facilities versity Construction Fund is protold The Opinion. Water leaking viding the funds for the repairs. through the ceiling has caused Further delay was caused by extensive damage to the ceiling, the central SUNY administration walls and carpets of classes and in Albany, which had to give apoffices on the seventh floor over proval and allocate money for by Paul W. Kullman the past five years. therepairs. This finally took place With the Social Sciences BuildFredericks said that although last fall. Once approval was and the bridge connecting it ing and reinspections preliminary given, bids were immediately let with O'Brian Hall slated to offipairs on the roof's exterior have out but a contractor was not choopen next fall, concern has cially major improvements any begun, sen until winter, thus causing arisen as to the effect this will must first be approved by further postponement of the roof have upon the general character SUNY's in-house architect in Al- work. of the law school and in particubany. If the architect approves Construction was to have lar, the law library. the work, as is expected, the ex- begun this spring, but bids had Such concern was first voiced ternal repairs should be com- to be resubmitted after the sheet last semester by then secondpleted by mid-October, contin- metal contractor went bankrupt. year student David Hoffman. gent on weather conditions, said Once all bids were in, the exterHoffman, during a Student Bar Fredericks. However, no formal nal work on the roof again was meeting on April 15, Association timetable has been established. awarded to A to Z Coatings from proposed changing the entrance Fredericks explained that nor- the New York City area. the second library the from of law least ten mally a roof will last at Cost of Repairs Escalate to the third floor. floor years, but in the case of O'Brian With Further Delays His objective is two-fold: to reHall, which was built in 1972, the repairs to the roof, Internal duce the amount of student conroof aged prematurely. This was walls, offices and carpeting will gestion in the vicinity of the lidue in part to the failure of the be the responsibility of the office brary, and to help law students roofing materials and in part to Physical Facilities, which is of "regain a sense of community" exthe Buffalo temperature just starting to make plans for the which he feels will continue to tremes. work. In the interim, studentsand dissipate with the opening of the Bureaucracy Causes Delay faculty will have to further enlatest addition to the academic Initially, repairs were delayed dure the pervasive mildew odor spine. because of a dispute between the which permeates the seventh "The area in front of the law University and the builder as to continued on pane 10 library used to be somewhat of Schlegel said that "fiddling with the first year curriculum" will continue during his caretaker tenure. Currently, the first year courseload is significantly different than those offered at other more traditional law schools. The curriculum, Schlegel notes, is in- a national reputation, nobody wants to hire a dean who doesn't have a vision" of where he wants to lead the school, Wickmark said. He also noted that since the people the Committee pursued last year all had very successful careers, it was hard to lure them away from their present positions. Wickmark said that Greiner privately "made it clear" to the Committee that he was "more than a little disappointed that we didn't find a dean last year." However, when asked by The Opinion what adverse effects the lack of a permanent dean would have on the law school, Greiner replied, "I don't know that there are any." Although he admitted that there would be increased "uncertainty" and a "developmental lag," Greiner claimed that the lack of a permanent dean "doesn't mean the law shcool is worse off." But Alutto said that he sees more serious implications for the law school. "There are terrible consequences to not having a dean," he said. "If there are problems that should be corrected, the probability is that they won't be while you're searching for a new dean ... on the other hand, in Jack Schlegel's case, I think he will try to keep the school on track and will be an aggressive Acting Dean." Alutto said that although he doesn't see Schlegel "simply standing back and letting any problems continue," thefact that there is not a permanent dean continued on page 10 New Bridge Threatens to Increase Traffic , Photo by Victor R Stetorf O'Brian Roof Saga Continues a private area for law students," said Hoffman. "But that isn't the case any more." Hoffman would like to see the third floor ofO'Brian become the new "law school corridor." His "incremental approach" for accomplishing this objective includes the construction of a fully-staffed third-floor entrance to the library. He said the current second-floor entrance would in turn be used strictly as an exit. This would solve the impracticality of immediately moving the circulation reservation and desks, according to Hoffman. Eventually, though, Hoffman said the entire third floor might be filled in at which time both desks could then be moved up. Hoffman said the creation of a third floor library entrance would also result in there being better use of the third floor bridge connecting Baldy and O'Brian halls. continued on page 10 �Volume 26 No. 2 September 23, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: John K. Lapiana News Editors: Jeff H. Stern PaulW. Kullman Features Editor: Timothy J.Burvid Business Manager: Jerry O'Connor Letters to the Editor Advice to First Years 1) DO NOT TRY TO FIT INTO by Kevin O'Shaughnessy, Class LAW SCHOOL. Declare war on it. of 1987 Fight conformity. Anyone with a © Copyright 1985, The Opinion. SBA. Any republication of matethe briefcase should have to prove you feel out there. hear I I rials herein is strictly prohibited without the express consent of the tide. I smell the fresh leather of themselves to you. If everyone is Editors. The Opinion is published every two weeks during the brand new briefcases. The wave using legal pads, use something academic year. It is the student newspaper of the State University has arrived. The class of 1988 has else to take notes. (I have recently of New York at Buffalo School of Law, SUNYAB Amherst Campus, purchased an excellent set of "Aengulfed O'Brian Hall. Buffalo, New York 14260. The views expressed in this paper are not folders, but don't let that equipped This Team" wave comes necessarily those of the Editorial Board or Staff of TJie Opinion. The with resumes, board scores, law influence you.) Opinion is a non-profit organization, third-class postage entered at 2) LAW SCHOOL DOES NOT Buffalo, N.Y. Editorial policy of The Opinion is determined collecdictionaries, and questions. The tively by the Editorial Board. 77ie Opinion is funded by SBA from wave always has questions. Each END YOUR SOCIAL LIFE. Your Student Law Fees. study habits will not improve beyear, eager freshman law stucause you are in law school. Composition and Design: Words and Graphics, Inc. dents (every freshman is described as "eager," the words go Within a month you will return together like "cold" and "beer" to your same old, lazy self. or "hot" and "chicken wings" or There's nothing wrong with "hapless" and "Buffalo Bills") going on a weekly drunken binge ask upperclassmen questions (I think its healthier than jogabout everything. Upperclassmen qina.) It also provides you with aren't qualified to answer them an excellent chance to meet but they do anyway. They feel like some of your classmates. There Criticism is an integral component of development. By pinpointing weakare over eighty people in your nesses, criticism indicates where concerted action must be taken and thereby lawyers when they're giving adfosters growth. vice, and the wave loves to have section, try to meet them. If noThe editorial is one medium which is inherently critical. It serves as a their questions answered, so it's thing else, you will know who to troubleshooter. It seeks problems and highlights them in the hope that action This avoid. nice, happy relationship. a will be taken to correct them. 3) STOP WORRYING ABOUT wonderful and useless exercise in a as An editorial has duty to criticize policy failures and inadequacies well as present its own view on issues. Because an editorial functions so, it will mental masturbation usually ocTHE READING AND STUDYING. perturb some people and please others. It is all a matter of perception. It is curs at parties. As a freshman, I Most of the wave's questions boil a matter of a glass half-full or a glass half-empty. swore would never take part in down to "How did you do it?" This I Just as an editorial functions in the manner described above, so do articles, is useless. You can avoid anxletters and commentary serve specific functions. Articles fairly and objectively this ritual. As an upperclassman, iety if you stop believing there is present news and feature issues which are of importance to the paper's I realize that masturbation (especonstituency. Letters and commentaries on the other hand may be biased cially in law school) is inevitable. a right and wrong way to study and one-sided since they usually represent an individual's point of view. Here are my "answers" for the law. As the semester draws to a Therefore, if you, our readers, feel this paper is not functioning as you wave: close, you will realize right and believe it should, have several options. The first option is to write letters Editorial you and commentary conveying your beliefs. Of course, the more logical and rational and less emotional the appeal, the more convincing yourarguments will be. The second option is to write news and feature articles on topics which you feel merit attention. Objectivity is paramount if the article is to be credible and not treated as a platform for a special interest. Unfortunately, the paper's staff is limited and cannot cover every relevant issue. Therefore, your contributions are important. The third option is to speak to our editors concerning the editorial sentiment and the viewpoint of our paper as a collective body. While we reserve the right to maintain the viewpoint we espouse, we will take into serious consideration any opposing points of view. However, you have to make them known to us in an explicit manner with specific references for us to be able to properly address them. In orderto further promote open discussion of ideas, all editors have established office hours to ensure our availability to the students. Our office hours are posted on our office door, 724 O'Brian. We encourage you to take advantage of what your paper has to offer and to use it constructively. Law students, especially UB law students it seems, love to complain. We complain about the weather, the course selection, the Buffalo Model and, during exam week. Moot Court, and the Law Review competition, the minimalist hours of the Library. But, perhaps the most undying and justified of all complaints, is that concerning the faculty's consistently blatant disregard for adhering to grading deadlines. According to an internal memo circulated among faculty, exams should be graded and scored approximately one month after the last one is given. However, experience has taught UB students that one month is the exception rather than the rule. Frequently/students are forced to wait three, four or even five months before receiving their test scores. In classes where the entire grade is based on the one exam, professorial procrastination only leads to increased and unnecessary student anxiety. Pity especially the unknowingly student who happened into Professor Kenneth Joyce'sTax I class last September. She still waits for that grade, while explainingto jobinterviewers why the Tax grade is missing from her transcript. Even worse, and what should be more professionally embarrassing to the faculty, she may even have enrolled in Tax II or Corporate Tax, not knowing if she has even passed the pre-requisite course. The faculty are quick to rationalize their behavior, noting that law school exams are more complicated to correct than those offered in the undergraduate, graduate or other professional schools. That claim will probably shock most professors in the "real" University where a 96 hour grading deadline is strictly maintained. To the Management professor, the law faculty is a dream world. Not only does one get a month to correct a like number of exams, but the grading system is simpler (no worrying whether an exam was a B or a C, just put down a Q and go on to the next) and, for the most part, the final grade is that received on the exam. No need to average in a mid-term, projects or class participation. Unfortunately, the law school's response to the situation has been discouraging. The Dean's Office says it's the faculty's responsibility. The faculty say if deadlines are to be followed and sanctions imposed, that's the Dean's job. Even more distressing is new Acting Dean John Schlegel's attitude. His solution to the problem is for students to "withhold their affection" from tardy professors. Whether a much loved teacher is more prompt than a professor sans affection is not readily known, but we suspect that Schlegel's response was designed to be more facetious than sincere. It is troubling that such an important student concern is treated so lackadasically by the by Shari Reich, Third-Year Student The Opmron September 23, 1965 tell you that law school teaches you "howtothink." I call this "the big myth." It makes law school sound like, three years of brain washing. Youknow howto think! You got yourself in here, you'll get yourself out. Frankly, I wouldn't want anything to do with a person who spent ten thousand dollars and three years on school to learn "how to think." Personally, I would rather spend ten thousand dollars and three years in a bar, not preparing for the bar. 5) LIGHTEN UP! The last thing this law school needs is another lawyer. Don't submerge yourself in law. If you get involved in school, do it for the fun of it. The world is full of resume-builders, we don't need any more of those either. Enjoy yourself, you are paying to be here. of Professors Kenneth Joyce and I understand that there are restraints that need to be taken into consideration when deciding futhat almost everyone I talked to ture course offerings. Resources felt the same way. (If you did not only go so far and change from a petition and found satisfaction in learning I Upon receiving your course schedules for this year, I hope that most of you became as angry and frustrated as I did. The Buffalo Model has now offered us very little in the way of practical, commercial courses for the spring 1986 semester. Missing Debtor/Creditor, are: Bankruptcy, Gratuitous Transfers Moot Court Set To the Editor: happens so often in this place). Marjorie Girth. circulated get to sign, I apologize but time was of the essense if we hope to re-scheduling.) I gathered approximately 180 signatures and went to Acting Dean John Henry Schlegel's office achieve with our arguments. Schlegel understood there was a problem, but proceeded to expound thefactors to be taken into consideration in solving it. First came the budget concerns, then the practitioner's time and effort for just a "one-shot deal," then came the politics of discussing such things with current professors, and then came the somewhat "uncomprehensible concern" that the students were feeling over the lack of these On behalf of the Moot Court Board, I invite all second and third year students to participate in the 1985 Desmond appellate courses. advocacy competition. There will Schlegel was amazed that A&P be an important organizational was on the list and then meeting on Monday, September rationalized that since he did not 23 for anyone wishing to comhave Grat. Trans, but yet passed pete. The meeting will be in the bar, we students could not Room 106 at 3:30. The problem be "more stupid than him." Most will be handed out the following of you who know me, know what Friday, September 27. Briefs are color my skin turned upon heardue on October 25 and the oral ing that "sensible" reasoning. It arguments are scheduled from was also gratifying to realize that November 4-9. the students were made the last Following the competition, concern in Schlegel's mind (as second year students will be invited to become members of the Moot Court Board. In addition to awards for the first and second place teams, five brief and five Dear Editor oralist awards will be presented. The Awards Banquet, sponsored I would like to commend the by the Alumni Association, will law library staff on the Central be held on Saturday, November America display it is presenting 9, following the final round of the in the library. Not only is the discompetition. play well-researched, accurate, law school administration. This is a tremendous opportuand informative, but it also is The only bright spot in an otherwise gloomy scenario is the report from nity to sharpen writing and oral very timely. Time after time the Vice President for University Services Robert Wagner, who noted that if stuskills in a setting not news reports inform us that the dent complaints are being ignored in O'Brian, perhaps the fifth floor of Capen advocacy is the proper avenue for assistance. Students have tried everything else, can unlike that presented by the "real Reagan Administration is deterthe short walk to Capen hurt? mined to impose its Cold war world." ideology on the people ofCentral We urge everyone to particiWe urge the new SBA administration to begin a concerted campaign to bring pate!! America, regardless of the death attention of those outside the law school to the grading dilemma. Perhaps and suffering such an imposition only hierarchy prompt profesnot will University's from the a little pressure faculty William P. Daly will cost. Plainly, thisAdministrasors to grade exams more quickly, but make the Dean's Office and the Director, Moot Court Board tion is not prepared to accept the more in touch wi<h legitimate student concerns. 2 People (not just upperclassmen, but real human beings) love to Schlegel Response Inadequate and Agency & Partnership. The reason: the "timely" sabbaticals Stop The Delays wrong do not exist. This is called first year nihilism. A brief note about study aids (outlines, nutshells hornbooks, etc.): study aids are like sexual aids, if you think you need them, use them. But they are expensive and you can always make it without them. 4) FORGET THE "BIG MYTH." semester to semester. But these sabbaticals were not a surprise, and plans could have been made last year to take up the slack. And the only people who should make decisions concerning the . "time and effort" of the practitioners are the practitioners themselves. They all know their limits, and the word "No" is a part of their vocabulary. . rationalized Schlegel that we students could not be "more stupid than him." ... My real anger comes from realizing that we are the last con- sideration on the "factors list." How frustrating it is to understand that we do not count for much around here, even though it's our education at stake. If that's what the Buffalo Model is built on, then I think a reconsideration is in order. For a school that prides itself on being flexible and concerned, I found responses from the Acting Dean to be neither. The struggle is just beginning. Student Lauds Exhibit legitimate right of self-determi- nation of the Central American people, and is not beyond using illegal and inhumane methods to achieve its intentions. Of course, it is a personal choice to view the display, and to accept its message. However, this is no way detracts from the display's educational value. It's not surprising that some people have objected to the display and its message, since reality is often unpleasant and difficult to accept. But, is covering up that reality a better alternative? Alberto M. Benitez �Law Grade Report Deadlines Not Enforced by Timothy J. Burvid problem as students make it out the fact that the law to be. The University administraschool faculty have adopted for tion, on the other hand, has no themselves a policy regarding reason to believe that students the submission of grades at the are dissatisfied with grade declose of a semester, many stu- lays, since they haven't heard dents find themselves waiting any complaints. many weeks or months for Law school Acting Dean John grades in some courses. Henry Schlegel stated that there The deadlines, February 15 for are no real sanctions that can be the Fall semester and June 15 for directed at professors, at least the Spring semester, allow law not in the sense that lawyers and professors approximately one law students think about sancmonth to grade exams, far longer tions. than the 96 hours granted to proSchlegel admitted that the fessors in the rest of the Univer"dean's anger" was one availasity. According to adminisble mechanism for encouraging trators, the nature of law school professors to submit grades, but examinations warrants the that "sometimes a phone call lengthy deadlines. from the dean will speed things However, the real problem up, and sometimes it won't." seems to be professors who When asked how often the completely ignore even the "dean's anger" was invoked,, unique deadlines of the law Schlegel responded that "probaschool and keep students waiting bly not as often as some people well into the next semester, would like, and very likely more sometimes the next year, for the often than others would like." results of their examinations. Schlegel also pointed out that The law school administration grade delays are not only the doesn't seem to view it as big ai dean's problem, but the problem Despite , of the entire law school community, and that one sanction always available to a community is "withdrawal of affection." As Schlegel reiterated, however, there are no real sanctions other than pressure from the dean and the students. While one could imagine the possibility of stricter sanctions being employed, such as the threat of dismissal from the University, Schlegel called such a plan an "enormous cannon, likely to misfire." When asked if the late reporting of grades had a negative effect on students, especially students interviewing for jobs with incomplete transcripts, Schlegel responded that it "might make a difference for some people, sometimes," but where it made the most difference is psychologically. Schlegel characterized two sentiments students might hold. A student might get the feeling that "I'm not very good, so all my papers better be in order." Others might feel that they've paid for the course, gotten through it, and just want their grades for whatever recompense that will provide. On occasion. Registrar Helen Crosby will distribute copies of the Faculty policy to professors, reminding them of the self-imposed deadlines. Compliance is up to the professors, as Is the responsibility of answering to students. The Faculty policy also suggests that professors who anticipate a delay in grading make that factknown to theirstudents. Schlegel viewed the deadline not as an obligation, but rather as a norm established by ( the community. The task of enforcement of timely grade reporting throughout the University belongs to the Office of the Vice-President for University Services. However, the law school has been granted autonomy in this area, and although the Law School is "the last remaining unit that basically is not anywhere near in com- pliance," according to Vice-Pres- ident Robert Wagner, that office hasn't heard of any significant problems withthat arrangement. Since there hasbeen no real concern with the way the law school operates, his office hasn't pressed for any changes. Wagner indicated that his office has basically been concerned with undergraduate courses, and that after several years, they have effected a significant improvement in that area, so that now "the number of late grades is trivial." Wagner believes though the one month deadline was unique to the law school, he saidit is norm in other law schools. He said that one month was "a reasonable time period for any professor to complete his grading." Wagner poi nted out that the School ofDentistry is accountable to his office and has one of the best track records in the University in the timely reporting of grades. The Medical School, like the law school, is autonomous, and continued on page 6 Moot Court Offers Valuable Experience by Peter Scribner The 1985Desmond Moot Court Contest will begin Friday, September 27, when this year's problem will be handed out to participants in the Moot Court Room. Next Monday, Sept. 23 there will be an important organizational meeting in Room 106 at 3:30 p.m. Anyone interested in participating in the Desmond Competition should attend. The contest, open to all second and third year students, involves teams of two students each writing a brief and arguing orally on a hypothetical appellate court case. The participating teams have a month to submit a 20-page brief on the issue, and then argue before "moot courts" made up of local judges and attorneys. First-year students are welcome to participate by serving as "clerks" for the oral argument courts. This year's issue, written by a team member to concentrate on one issue. The brief writing teams may choose to argue it ends. This encourages participants to avoid procrastination, and also lets the board know if any team has dropped out of the con- Although the problem itself will remain a secret until September 27, the problem writing committee claims it will be "controversial" and "contemporary." Last year's question involved the First Amendment rights of cable participants attempting to monopolize research material. Students caught cheating face not only disqualification from the contest but academic sanctions as well, including the possibility of expulsion from school. The oral argument portion of the contest begins Monday, November 4. For three nights, over a dozen classrooms will be turned into temporary court chambers, with four member panels acting as Supreme Court Justices. The panelists, many of them U/B Law School alumni, are judges and attorneys from the surrounding area who have volunteereed to participate at their either side of the controversy. The briefs, due October 25, are test. judged anonymously by Moot While last year's contest was Court Board members, and repfree of reports of cheating previresent 40% of the total contest ous moot court contests have score. been plagued by unscrupulous television. In order to help participants with the novelty (and the anxiety) of the moot court experience, a board member is assigned to advise each team. The advisor cannot help with substantive issues, of course, but can provide moral support and help with questions on appellate writing and arguing techniques. Advisors will set up committee of the student-run mandatory practice oral arguMoot Court Board, involves an ment sessions to prepare their appeal to the United States Su- teams for the actual competition. preme Court. Lower court opin- Teams may also submit to their ions set the legal background of advisor a preliminary outline of the case, and the "writ of cer- the issues involved a week after tiorari" presents two basic issues the contest starts and a rough for appeal thus allowing each draft of their brief a week before Beach Access Spawns Property Dispute by David Platt, Environmental Law Society The construction of a chainlink fence across a Lake Erie beach by Arthur J. Matonti, a private upland property owner, highlights the relationshin whirh exists between members of the general public and owners of private property along bodies of water. Does the public have the right to use the beach or the foreshore between high and low water marks along the Great Lakes in New York, or may the upland land owner exclude members of the public from own expense. Each team will engage in three separate one-hour oral argument sessions; one each night. Each team member will argue one of the two issues presented, and the panel of judges will score each traversing the beach area in front extent of property titles are the subject of a number of judicial of his premises? The landowner in the present alternatives. The court's first controversy appeared to own "to choice is to rely on the language the water's edge" according to of the original property grant. the language of his property This approach presents probdeed. He constructed a four foot lems, however, as the boundary high fence which stretched line of waterfront land is rarely across the beach to a point fifteen stated as an enclosed linear feet from the water's edge. This measure in terms of feet and infence, approved by the Army ches or meters and bounds. Rather, the title description usuCorp of Engineers and the Department of Environmental Con- ally reads "to" or "along" the servation, poses no threat to waters edge—the water being an navigation or to the environ- ambulatory boundary. General ment. The fence was constructed rules, established in an attempt for the purpose of protecting pri- to clear up these ambiguties, vate property by preventing loud hold that title to lands abutting teenagers from using the beach non-navigable inland streams or into the early hours of the mornlakes extends to the center of the ing. Other members of the public water body. On navigable nonobjected because the fence li- tidal waters, the upland parcel extends to the low water mark. mited access to the beach. Restating the question: does Finally, on tidal waters, whether the property owner have the or not navigable, title is fixed at right to restrict access to the the high watermark. The probtem remains of selectbeach? What rights to the beach does the public-at-large have? ing a method for actually fixing Where is the boundary between the boundary line on the ground. the public and private shores? On tidal water bodies, the high The rules used to determine the water mark can be located using participant separately. Most in- terested in clerking can leave a terestingly, at least one of the message with your name and sessions will require the team to box number with Karen Vance argue "off brief"; that is, to take (mailbox 778). the opposite side from the posiSometime in November, new tion taken in their brief.The ability members of the Moot Court to argue either side of an issue Board are selected, based upon forcefully and convincingly is scores in the contest. Teamone of the unique characteristics mates are jointly scored on their of the legal process, and the brief and judged individually on Moot Court system is designed oral arguments. It is therefore to help students practice this possible for just one team necessary logical dexterity. member to be appointed to the Following the preliminary board. About thirty second-year round of oral arguments, the students will be appointed to the eight teams with the highest board. Third-year students, who scores are chosen to compete may participate in the contest and can enter the final rounds, in a series of elimination rounds. Quarter-finals will be held on are not eligible for the Moot Court Board. Thursday, November 7, semi-finals the following night, and the Bill Daly, director of the Moot final round on Saturday afterCourt Board, strongly encournoon, November 9. All particiages all students to participate in pants are then invited to an the contest. Success in the conawards banquet hosted by the test or appointment to the board Law School Alumni Association. is of course an honor and a "reAll oral argument sessions, insume enhancing" event, but all cluding the preliminary rounds, participants will gain valuable are open to the public. First-year experience in legal reasoning students who may be interested and technique. And while moot court contests involve a great in participating next fall are espedeal of work and no small cially encouraged to clerk or attend. Clerks supervise the timing amount of anxiety, the exciteand the scoring of the oral argument of the competition can be intoxicating. ments. Any first-year student inthe physical characteristics of the coastal area, the line of vegetation, the break between freshwater and saltwater vegetation, or the statistical averaging of all tides over a long period of time. Each method has its advantages, but each is also fraught with its own set of unique problems. Overall, the dilemma appears to consist of selecting between a precise method, where an accurate boundary is readily determinable given a sufficient data base, and a fair method, one which addresses the expectations of all property owners affected. Though the two values are not always mutually exclusive for a given method, the dynamic and unpredictable nauture of shorelinesoften produces such a conflict. In New York, the method chosen to locate the high water mark on tidal water bodies is the line of vegetation test. The present controversy concerns the determination of the boundary on a non-tidal, navigable waterbody—the physical characteristics test is used in most jurisdictions. Questions concerning the use of this test abound. What constitutes the natural water level? Are winter and spring water levels not just as natural as are summer and fall levels? What if water levels change as a result of natural or artificial events? The Matonti fencing controversy on Lake Erie serves to illustrate the impact of complicating factors, such as naturally or artificially fluctuating water levels, or irregular shoreline characteristics. How is the public-private boundary affected by lake level regulation? Where is the foreshore and does it have the same legal characteristics as the foreshore on a tidal water body? What are the public rights to this foreshore? Thus, while the public may use the foreshore on tidal bodies, does the selection of the low water mark boundary on Lake Erie not foreclose the public from any use of the foreshore? Or does continued on page 8 September 23, .1985 The Opinion 3 �STUDENT BAR ASSOCIATION ELECTIONS Presidents —To promote student body participation in the selection of a Background I will share with you my background because as an advocate of human rights, it will indicate to you that I am capable of assessing the lack of those rights and successfully working to correct some of the injustice I have en- countered. This record, I feel, has given me experience and skills which will qualify me to be a fair and just President of SBA. I am a registered nurse. Nursing is predominately a female profession. Working situations have classically been inflexible and low paying in proportion to the assumed responsibility. There was little opportunity to work part-time and great difficulty finding child care available at the odd hours. Also, nurses work around the clock. While living in Dallas and practicing nursing myself, I became acutely aware of the numbers of women who had left the profession because of these reasons. In an attempt to rectify these problems I started a temporary medical personnel business in Dallas. With a business license, one telephone and one secretary, I negotiated with approximately 25 hospitals and nursing homes to provide staff for them on a temporary basis. This allowed Commitment I have purposely not accepted a part-time job so that would have the requisite time to devote I to being SBA President. home medically supervised programs so the terminally-ill have some control over their environment in their final days). I worked diligently with doctors and the medical center to put together a hospice in our home to give him this freedom. Subsequent to his death, this prototype is now being used by doctors and several medical centers in Dallas. The skills I have acquired in promoting women's rights and the rights of the terminally-ill are indicative of my pursuit of equal rights for all. However, we must dig-in and not just complain about what is wrong, but put together workable solutions to those problems we encounter in an effort to begin to solve problems. This is why I am running for SBA President. nurses to return to their professions and to work flexible hours of their choice. I was able to pay them more than the hospitals in the area because my overhead was less. I worked with a daycare Goals —To get rid of the apathy surrounding SBA because of the lack of representation of the whole student body. —To protect the right of the meekest to be able to speak without being judged, labeled or necessary to allow them to work. I expanded and opened an office in Atlanta also. As a result of these efforts I ultimately provided regular Jobs for over 400 temporary pigeon-holed. center and other medical personnel to provide flexible child care and 21 full-time employees. I have also championed the rights of the terminally-ill to die with dignity. My husband was diagnosed with cancer and told he had a few weeks to live. There were no hospice programs available in the Dallas area (i.e. at- the spring class offerings with the faculty; to express those concerns many are raising about the lack ofcertain courses. Secondly, I would like to see many more students become involved in dean for the law school. —To accountably distribute student funds. Bonnie Berger, President —To foster cohesive interaction between all three years of legal education. —To promote greater faculty and student interaction. Issues —To promote intellectual freedom. —To ensure greater course selections in the spring. Treasurers can freely exchange divergent Buffalo Model I am here at this particular law school precisely because of what I believed the 'Buffalo Model' to be. After assessing all the catalogs from other law schools, I felt this school would foster the greatest opportunity for intellectual freedom.What is intellectual freedom? It should be the absence of necessity, coercion, or constraint in choice or action. It should encompass the freedom to debate, ie. to discuss a question by considering opposing arguments. Have I found this freedom? No. What I have found is a narrow representation of some of the issues. I find people intolerant of any opposing side of an argument if it does not fit within the constraints of their own predetermined concepts. This is blatant prejudice and bigotry. If we are truly attempting to learn from one another, we must have an open mind, we must listen to both sides of an argument. We cannot let a discussion of an opposing view digress to a shouting match of obcenities and per- Lori Cohen, President Heilo! My nåme is Lori Cohen and l am running forStudent Bar Association President. I am writing to present to you, the student body, my qualifications and goals. First, my credentials. As a third year student, I am entering my third year of extensive SBA activity. I was a first and second year Director. During my second year tenure, the position of VicePresident became available. I ran and was elected to the spot. My SBA involvment has gone well beyond the duties of my elected positions. I served on the Academic Standing and Standards Committee my first year, in addition to becoming a member of the Social Committee. In my second year I became chair of the latter and began the most active year the Social Committee has ever known. We threw more parties than the year before and ran a benefit at the Stuffed Mushroom to help "Feed the World" before it became the 'in' the students is that most vital to thing to do. It was primarily due the SBA. sonal attacks on one's person. to the immense student supUltimately, SBA is identical to This is not to say that the Buffalo port that we were able to send every other student organizamodel cannot work. I believe that $300 to the American Red Cross. tion-it is what the students make it can. A model is a tool. HowWe also ran the largest and it. An active student body makes ever, at this point there needs to most professional Law Revue representation that much easier. be a concerted effort made by the ever. We moved it downtown to Question your Class Director student body as a whole to use the Tralf and attracted over 350 candidates about issues that conthis tool to advance the legal propeople—nearly double the atten- cern you; question me if you see fession. Society at this point in dance from the previous years. me in the hall and want to know time loathes lawyers. If justice is Overall, activities show a com- how I stand on a certain issue to be blind and we as lawyers are mitment to the student body and that is important to you. am I defenders of blind justice, the the ability to act upon that com- more than willing to sit down and more intolerant and uncompasmitment. discuss my positions. Ultimately, sionate of others we become the My goals are fairly well known the decision lies with you. Experigreater the danger that we will in the law school community. ence is priceless in understandtip the scales of justice and use First and foremost is to give law ing how an organization runs. the end to justify the means. students what it is they think they With my experience and your need for a better environment: input we can make this the most academically, socially, and in activeyear for the SBA. Come out their everyday contact with each and vote on September 23 and other and the law school. I would 24—it is your first step toward aclike to see the SBA try to discuss tion and input. William J. Blåsi, Treasurer ideas rather than perpetuate the status quo at the expense of unpopular groups as it has done in the past. Asa body of individuals . Gerard 0'Connor, Treasurer My nåme is Jerry 0'Connor. I am a third year student and candidate for treasurer of SBA At this point in the campaign a typical candidatefor student office begins by kissing a few babies and making a lot of hollow promises. I will not do that. My platform is honesty and fairness, ideals which all SBA officers should try to keep in rrttnd. SBA's job is to provide an open forum in which students The Opinion 4 The office of treasurer carries a great deal of responsibility as the duties include the mainterepresenting the student body as nance and distribution of SBA a whole, the officers of SBA funds. I, however, perceive the position as more than a mechanshould maintain a neutral posical task to be performed on comture rather than a partisan posimand. I feel the treasurer has the tion. SBA should encourage deobligation of ensuring all SBA bate rather than crush it. As treasurer and as a member funds are distributed in accorof SBA, I will work hard for: dance with SUNY regulations 1) a better and more extensive and the SBA Constitution. The treasurer is a very powercourse listing; 2) more responsive interaction ful person. Without his/her signa ture, all SBA monies are frozen between students and the adand cannot be distributed. Upon ministration; assuming the position of treascommunity atmosphere a 3) urer I would immediately stop among the law students; 4) a closer relationship between the outflow of all SBA funds. I would take such action because students and their elected repreof the various voting improsentatives in SBA. I encourage every student to prieties which occurred at the vote and to vote for the kind last budget meeting. No funds of SBA reps they feel best serve would be released until a legitithe needs of the entire student mate .budget meeting was held. As treasurer I would require body. September 23, 1985 SBA. Ultimately, SBA is for the students, and once the student body recognizes that, they can utilize the SBA and allow the organization to fulfill its primary duty: represent the concerns and desires of the law students. As to the omnipresent question concerning the political nature of the SBA, I don't feel that it is a choice between politics or parties (as hasbeen the situation in the past). Instead of mutually exclusive, I see the political nature of the SBA as a vital ingredient in the essence of the organization in addition to its social role. As law students, we hold a special place in the university and general community. Taking a stand on those issues that affect us all, as human beings, is important. On that note, student input into thosestands is also undeniably essential. It was because of my feelings on student input that I helped author By-law 14, mandating the 72 hour notice requirement on discussion of political questions. This by-law affords enough time for those students genuinely interested in the topic to-attend a meeting, designed especially for discussion on one specific topic, and voice their concerns. The voice of you every funded organization to file a report with a listofall last year's expenditures along with an explanation of how those expenditures benefited the law school and campus community. I would require a copy of every report be on file at the SBA office available to any law student who wished to review it. The money after all does come from the law students and everyone has a right to know how their funds are being spent. These reports would be invaluable to the treasurer since the forms can be used as a basis for ensuring all allocated funds comply with the SUNY Policy on Student Activity Fees, section 302.14 of Title 8, (c) (3) which provides for the distribution of funds only where the purpose of the organizations are educational, cultural, recreational or social. If there is the slightest indication of political favoritism in the budget allocations, in all fairness I would be forced to deny funding for all politically oriented groups. These are my positions and I feel I have stated them clearly. I have double-checked all the information concerning my position with the Division of Student Affairs. The SBA in the past has not served in the interest of all the lonllnued on page 5 �...TODAY AND TOMORROW Vice Presidents the SBA Rules Committee. This experience H. Todd Bullard, Vice President Carol Håar, Vice President My nåme is Carol Håar and I is H. Todd Bullard and I am running for Vice Presi- am a candidate for SBA Vice President. Håving made the comdent of the Student Bar Association. My past experience in mitment to run for this office. I SBA involved serving as a first am enthusiastic about the role year director, Chair of the Rules that SBA can play this year. As Committee, and as Parliamentar- an SBA member there are sevian. I desire to see the SBA and eral concerns with which I would the law school community, as a feel the need to deal. whole, take a more active leaderThis year will be a transitional ship role within the University. There are a number of ways in one for our law school as the search for a new dean progreswhich this can be accomplished. ses. Students should actively inFirst, there should be more fluence the direction the school takes by playing a part in that communication with the undersearch. Student I would like to facilitate graduate Association. students and administration Secondly, the SBA should become more responsive to issues working together in order fo attract the best possible candiaffecting the graduate and Professional schools as a whole. It dates. is important for our community Additionally, I would like to into reach out and communicate sure freedom of expression. Like with others, so that we may become better known and re- most academic communities, a spected. I believe one of the law school should be a place in be freely exbiggest problems we experience, which ideas can as law students, is isolation. As changed. All law school organiVice President, I would strongly zations, even those with political advocate inter-gov- overtones, should be treated more with an even hand regardless of ernmental cooperation. of SBA Regarding issues doser to the the political affiliations unbiased policy An members. the school, law lack of I see applied with course offerings as a major prob- should be uniformly chartering to of and regard the lem. A student poll regarding types of courses which should be budgeting for organizations. offered would be helpful to the A common concern of many is faculty in its decision making that there are limited course ofMore process. student input is ferings for the spring semester. needed regarding curriculum deIt is important that the courses ofbecause cisions such decisions fered reflect areas of student inultimately affect the studenfs futerest. This is yet another area in be ture. The SBA should not which the SBA can exert some afraid to bring student concerns influence. to the Administration'sattention. There are many issues which Finally, there is a need to sponthe SBA can work on with the sor functions which will generate assistance of committed and in- interest and participation on the from all levels. part of the formed students student body. Greater Last year, the first-year directors interaction between the three held a dass meeting to receive dass years is a desirable goal student input on a variety of that can be accomplished problems confronting them. I through such events. would like to see more forums taking place within the law These are but a few of the toschool community. pics meriting attention. Asthése My nåme In closing, I want to learn as much as possible from the very talented student body we have at this school. Win or lose, I encourage all students to become involved in student govemment in some capacity because if we don't, it will fail. Good luck to all of the candidates. and other issues arise I would always be available to discuss them. The Student Bar Association is an organization forthe students and can be very effective as such. No matter for whom you vote, please east your vote in the election. VOTE IN THE SBA ELECTIONS TODAY AND TOMORROW Treasurer Tom Blasi. . . continued from page 4 students as required by our SBA Constitution; Given the opportunity would like to correct the inequities that run rampant in the present system. Thank you for your time and thank you for your I vote. Sartoga, If elected I will not put this highly coveted position on my resume. I will not make any speeches. will not debate any opponent. I will not address any I issues. Thank you for your support. Nancy DeCarlo, Vice President offered me the chance to observe the mechanisms of the organization and the issues which concerned our student body. This year I am seeking more direct involvement in the SBA for I believe I can offer a fresh perspective and an influx of energy to help channel SBA efforts in a more productive fashion. I am certain my frustration with this school's minimalist approach to course offerings was shared by a majority of you. We need to explore various options My nåme is Nancy DeCarlo and to alleviate this situation before I am running for Vice-President forced registration becomes the of the Student Bar Association rule, not the exception. Last year I was a member of Textbook supply problems at the University Bookstore are well documented and need not be reiterated here. Efforts to avoid the exorbitant profit-laden prices should be instituted, and can be instituted, for the benefit of students and professors. Other issues which need to be addressed by the SBA and the student body include minority representation on Law Review, funding for various new groups and divestiture by SUNY of its stock in South African corporations. While these issues appear to be too political for a student organization, I believe they are within the realm of a state educational facility dedicated to the study of law and the correction of social injustice. Secretaries involved in working for the entire student body. It is essential for a Student Bar Association officer to be sensitive to the needs of fellow students and to convey those needs by voicing their opinions and concerns. If elected Secretary, I will be that voice working closely with other officers and members of the SBA to reach our necessary goals. Rose-Anne Landau, Secretary Some of you may have known Heilo, my nåme is Colleen M. me as a First-Year Director, but I Rogers, second year law student, would like all of you to know me and I am running for SBA secreas your new Student Bar AssociColleen M. Rogers, Secretary tary. I think it is important that the SBA is controlledby the entire student body and not just a handful of "elected" colleagues, especially since we all pay a mandatory SBA fee. I would like to see more students getting involved with activities, organizations, and fundamental issues within the UB law school. By students not taking an active role in the student government, there is no diversity, change or movement toward accomplishing what "we" want versus what a "select" few want. Some issues that are presently important to all of us are the following: finding a dean—how can a law school or any school function properly- without a dean; course Schedules—we need more courses and professors to eliminate the first two week circus that we are forced to participate in because so many of us are closed out of courses; grading system are we happy with the present — system; majority versusminority opinion—are all sides taken into account before funding is ap- propriated. These are only scratching the surface of issues that may be important. If you are frustrated with how SBA has functioned in the past, vote for the four candidates — BONNIE BERGER, CAROL HÅAR, JERRY 0'CONNOR, COLLEEN ROGERS, who promise to re-organize SBA and create an open atmosphere that all students will be able to voice their opinion without feeling inhibited. The SBA requires everyone's interest, input, support, cooperation, concern and ideas to make it run effectively. The beginning of a new SBA commences when you vote on September 23 and 24. The SBA is for everyone, so act now and become involved! ation Secretary. My nåme is Rose-Anne Landau and I am running for Secretary of the SBA. As a First-Year Director last year, I represented the student body of the law school as a whole, and ensured the continuance of many law school organizations. Aside from fulfilling the usual duties of a Director, I was involved in the successful fund-raising for the Ethiopia Relief Campaign. As Secretary of the SBA, I will continue to serve the best interests of the law school community. I will more specifically make certain that SBA events and adequately to ensure maximum student involvement, and I will notify the student body, whether through the school newspaper or other media, of the activities of the SBA during the academic year. Furthermore, I realize the increased responsibility an Executive Soard member has, and I will devote myself to meetings pubicized are so as Third Year Directors Lionel Rigler, 3rd-Year Director I am embarrassed by my own and fellow students' feeling of impotence to do something about the insufficient number of dass offerings, overcrowding of our building, and horrendous parking situation. Law students are being short shifted by ourfaculty and the schooTs and university's administration. More important than throwing a good party the SBA must explore possible avenues of empowerment and train ourselves and the rest of the student body in those techniques that hold the most potential to håving our voices heard. There are two approaches that are immediately apparent. One is to speak directly to officials in Albany, make them aware of our concerns, and work to increase funding for student activities and my work for the benefit of our services at the state's law school. law school. The second is to work more I appreciate your support in my closely with GSA and SA on unicandidacy and wish all those runversity-wide issues. Although ning the best of luck. most of us are busy, a little effort on the part of the many goodheartedof uscan go a long way. Please support my candidacy, but more importantly care enough to work to better our school and university. David Chapus 3rd Year Director Cora Alsante, Secretary As a first year law student, I believe it is important to become All too often in the past, the SBA has neglected the real concerns of everyday law students and instead has gotten mired in petty politics. Some of the more continued on [Kige 6 September 23, 1985 The Opinion 5 �Chapus . . •continuedfrom page 5 important problems law students face, and my proposals with respect to them, are as fol- lows: (1) Jobs.The SBA should become more involved in attracting potential employers to the campus. There is no reason why a school of ÜB's caliber and reputation should not lure more firms to the on-campus interview program. (2) Bar Preparation. Since ultimately nearly all of us will take the bar exam, this school should offer a greater numberof bar-related courses. While I am aware of the intellectual and academic value of more non-traditional courses, these should not dominate the course offerings. Greater student input in this area is needed, and the SBA should act as a vehicle for making students' concerns known to the administration. (3) Grade Deadlines. The current policy, which allows teachers to wait for months before even beginning to correct exams, is nothing short of ridiculous. The SBA must pressure the administration to effect real deadlines and alleviate students' agony as they wait for months to find out if they have passed their courses. (4) Funding for Student Groups. student Every organization which serves the law school community deserves to be fairly and adequately funded without regard to their political views or personal feuds with SBA officers. Last year's scandal must not be repeated. These are just four of the concerns facing UB law students that the SBA has the power and the duty to address. If elected, I will work for change in these areas as well as any others that are brought to my attention. Second Year Directors Brian Bornstein, Second-Year Director A sincere commitment to fully represent the interests and concerns of the entire student body and to continue and improve the academic and social interaction at the law school. Karen Buckley, Second-Year Director My name isKaren Buckley, and I am running for the position of second year director of the Student Bar Association. I have been asked repeatedly what my "platform" is and what "ticket" I am running upon. To these inquiries my response is two-fold. First, as a director, it is not my job to advocate the positions /feel should be addressed, but to represent the views and give voice to the concerns of my classmates. The SBA has been called an insular body in the past, and it is incumbent upon this year's directors to change that perception. In working toward this end, I will do my best to seek out the needs and concerns of my classmates and present them to the SBA for approval and action. As to the second question, I feel that past members of the SBA have been far too concerned with what they liked to view as party politics, resulting in the detriment of the SBA and the law school community in general. Therefore, the only ticket I will accept is one that will head me South in January, which seems to be prime blizzard season in Buffalo. In closing, I suggest that the SBA can be a body that improves the law school academically, socially and aesthetically. However, to achieve this end requires hard work not only on behalf of the electedmembers of SBA, but also the student body. The first step in this process is voting in the election on September 23 and 24.1 hope the students of this school take that step. First-Year Directors Susan Biniszkiewicz, First-Year Director It's election time, and everyone wants your vote. I'm no exception. But why should you vote for me? Perhaps the most important reason is that I am willing and able to devote a considerable amount of time and energy to the SBA and its activities. Outside of law school I have minimal demands on my time (i.e., no spouse, no children, no job), and I'm used to putting in a pretty full day. For instance, I completed my master's degree with USC in May 1985 after a year and a half of evening and weekend classes, while continuing in my regular full-time job. Another reason you should vote for me is that I intend to represent YOU and YOUR interests. I can't make any statements about what I think should be changed in the law school, because-like you-l just got here. Even so, once I'm familiar with the issues, I don't think it would be my job to make judgements and represent them. Rather, I feel that as an elected director, my job would be to represent you in the SBA. If elected, I promise to do my best to keep you informed of current issues, and to listen to what you think is important. Please vote for me as one of the firstyear directors. Robert P. Bogdan, First-Year Director I am seeking the position of Ist Year Director for the SBA to represent the views and wishes of all 1st year law students. My prior experience in student government at the University of Texas qualifies me as a person who is very aware of the issues which confront the student government. It is imperative that we as Ist year students have someone on the SBA who will have a personal interest in all issues that will arise. I am the type of person who wants to be involved and feel that this position affords the opportunity. Let's make the next 3 years as pleasant and memorable as possible. Please give me your support. James D. Eiss, First-Year Director dents, I don't know all the issues when someone is also worked on and attended labor-related conferences in Buffalo. Activities of the Buffalo Labor Relations Society during the . .Comics by coming year will be largely dependent on the members' interests. We are tentatively planning to host speakers and a conference. The local IRRA chapter is also encouraging students to becomes chapter members at a reduced rate. We anticipate holding an election of officers, which will be open to all interested students, in the near future. Until then, per- sons interested in the Buffalo Labor Relations Society can contact Paul Wessel or Craig Atlas. Chapus Sandra (aka Sunny) Childs, First-Year Director l'm a radical. Not just any radical, Bob, but a West Coast Radical from Oregon!! (Yes, you and your guest will be flying to beautiful Oregon where there's singing in the streets and dancing in the rain.) But seriously, an organizaallocations should not depend on my personal preferences alone, but on the entire student body's-which is why I think we should have a "funding poll" here, whereby the students can indicate where they want their money to be spent. And this poll could be what guides the SBA, not personal politics. I'm a student government kinda gal: I was SB secretary at my college where I organized and implemented the funding allocation procedures and l'm a joint degree student-law and policy studies. I'll be involved. Ill be effective. I'll have a voice. But in brightly l'll also have fun colored clothing. ... Dave Petrich, First-Year Director There is not a lot one can say when running for dass director that hasn't been said countless times before. It's obvious that in pursuing the position this far l'm interested in taking part in the SBA and in making sure that the interests of the first year dass are well represented. The fact of the matter is that the SBA has substantial funds to allocate and it is the dass directors and the officers who dispense these funds to various groups. Although I have some general concepts on what will be important to us (effectively balancing our studies with social activities and continually keep placement efforts on the front burner—to nåme a few), as yet I am not sure what will emerge as important issues for resentative. You should feel the the first year dass. I do know, same. The SBA is one area where however, that l'll sincerely tisten my influence can be a significant to and conscientiously represent factor in policy. In my experience are concerns. Please vote Petrich. if you sit back and let others do the work, the results are not going to be what you really want. Often nity to make contacts with practicing attorneys. Our members which will be facing the SBA. I am confident though that I will handle your interests to your satisfaction. Why do I want to be a director in the SBA? The real question is: Why don't you? I care about decisions that affect my life and if I am going to be here for the next three years, I want some input either directly or through my rep- The Opinion September 23,1985 6 Buffalo Labor Society Invites Participation elected they take it as a mandate to decide what is best for others. Decision makers do not have to operate this way though. It does take considerable extra effort to discover the views and ideas of their constituency, but this effort by Craig Atlas is well spent. I believe that this is the only viable mode ofoperaThe Buffalo Labor Relations tion in any organization. Unless Society is a new organization it is followed, the organization founded last year. We invite all dries up. law students who are interested have last fifteen in labor law and industrial relathe spent I years in the workforce, the last tions to join and participate in our thirteen with the Department of activities, no matter what your Immigration and orientation (labor, management, Justice's Naturalization Service. In this or neutral). employment I have accepted Last year, many of our memseveral collateral (meaning extra bers attended the "Lawyers' work, no extra pay) duties. These Night" of the local chapter of the duties included Equal EmployIndustrialRelations Research Asment Opportunity counseling, sociation (whose members inAffirmative Action, and union clude labor lawyers, union leadrepresentative on the promotion ers, personnel managers, govrating panels. I have worked with ernment officials, mediators and management to try to protect arbitrators). We heard several and advance the statutory and speakers on current issues in contract rights of fellow employlabor law, and had the opportuees. I will work just as hard to advance your ideas and needs with the SBA. Being new to this school just as are all of you first year stu- Photo* by Victor R. Sidari Grade Reports ..• Wagner hasn't heard any complaints. Wagner admitted that the law school policy has created an "added burden" for the Univer- continued from ptige .* even if it results in a duplicity of effort. Mostly, the law school's office acts as a conduit through which information flows to the University's Office of Records and Reg- sity. Since the rest of the University cannot wait for the law istration. school, the University must go back and manually enter grades If the University did feel the need when they finally receive them to do something, it would involve from the law school. While the more than Wanger's office, problaw school maintains its own Of- ably the Provost's Office, and fice of Admissions and Records, possibly the President, Steve it exists mainly for the conveni- Sample. So far, however, "there ence of law students, staff, and has been no significant presfaculty. Ultimately, it is directly sure" to act. Wagner said, law linked to the University's central school "is not in synch with the system, and information must rest of the University; it never make its way into that system. has been. �YOUR L±J FOR ATLANTIC ™--r> BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 41S Smralk Am.. S.U. 62. N.V.. N.V. 10001 (212) 594 3696 (Ml) Cl3-SSC9 1H <o—on—llk A**.. 80.10-. M... Mil* (617) 497-1171 September 23.1985 The Opinion 7 �Sundrum "Learns" by Aiding NY's Mentally III by Diane Dean Clarence Sundrum has had one of those smooth careers. He decided what he did not want to do and then did it; he fought with his first interviewer and got the job anyway; and he helped develop a statewide commission which no one wanted to run and became chairman of it. Sundrum heads the Commission on Quality of Care, an independent watchdog agency which monitors institutions for the mentally ill and mentally retarded in NewYork State. His interest in advocating for people with different mental and physical abilities began in law school when he wrote a brief on behalf of an accused murderer who had been in a mental hospital for 16 years after he was declared instand competent to trial. Lobotomized and aging, the man received help from American Civil Liberties Union lawyers, At graduation, Sundrum did noted that while the Simon and thing and then to make it work," terest lawyers would savor. But he says. From most accounts in Sundrum knows the limits of not want to clerk for a judge in Rifkin staff attorneys were back writing He on the office he Albany. Albany, Sundrum's challenge what government can do as well, briefs, had hoped to become admitting that even the griea civil rights lawyer and probably and other government officials has been met with success. would have but for Schwartz's were on the front-lines, negotiat"The fascinating part about vance procedures have thir piting and making agreements to working with the government", falls. He says part of the problem "irrefutable logic," which convinced Sundrum to see what get the corporation back on its Sundrum says, "is that with the is that "there's only so much right kind of job, you get to deal money to go around to meet went on behind the doors of the feet. Calling it a "heady expericourtroom from the judge's point ence" to be thrown into the with really large scale problems people's needs. But, if you're limelight, Sundrum renewed his and to help make public policy. making intelligent judgments, of view. Sundrum had a "stormy" in- commitment to do what he And if you're in the right place at they are perfectly defensible." terview for the law clerk position. could to affect some social the right time, the impact that When asked why he chose public can is absosector work instead of person He became angered by the changes. one have ■ practicing law, Sundrum said he judge's diatribe against civil lutely unbelievable." was The Willowbrook scandal For example, Sundrum's exnever really thought of private rights lawyers and "decided to the second event which shook give him a piece of my mind." the Carey administration and perience at UB with prisoners' practice. Sundrum describes his uprising decision simply, saying, "If you His persuasive argument that Sundrum's career. Sundrum rights and the Attica "Four years later have trouble defending what him. wjth civil rights attorneys were only says that stuck saw the livafter Carey you're doing, no matter what it using the system given them to ing conditions of the mentally "I was in the Governor's office adis", then you're doing something advocate for human rights and handicapped people living at the vising him on grievance procewrangling, dures. After a lot of just ends landed him the job. I wrong. That's a very good tip-off. Willowbrook institution on Stahelped set up laws which allow But it was later that Sundrum knew he could Island, Carey ten prisoners a grievance system". Diane Dean is the Graduate Asdeveloped his specialty in advonot defend the state's actions so Sundrum had the ear of the sistant for Public Interest/Public cacy for the mentally disabled. he settled the case with a consent governor, a rare opportunity Service Careers in the Career DeWhile working as a personal law order. which corporate and public in- velopment Office. secretary for Judge Lawrence In the four years following the Cook, Sundrum contacted Hugh consent decree, the state faced continuedfrom page 3 Carey, who had just been elected contempt threats for non-coma public easement exist, which tion between private property Governor, about joining his staff. pliance because, according to the navigational and It was in the Governor's office Sundrum, there was just too allows passage over the private rights and lands between the high and low environmental interests of the that Sundrum says he really dismuch that needed to be done to water marks? The courts do not public sector. While at present, it covered the advantages of being clean up the mental hygiene sysappear to have resolved these would appear that right of the a public sector attorney. tem. The mental hygiene system issues. Ultimately, the public to use the foreshore of the confusing Two major events helped that developed in response to the outcome of these types of cases Great Lakes in New York may legshape this opinion. The first was contempt threats grew fast and seems to rest on the decisions of ally be limited by the upland the Urban Development Corpowithout a check on its administhe individual courts as to landowner, the actions of the ration's announcement that it tration. Then the idea for an indewas on the verge of bankruptcy. pendent watchdog agency came whether or not the public or pri- courts in controversies such as vate activities at issue are the Lake Erie beach fence inci"Almost the day we walked in (to upwhile Sundrum was "shooting reasonable, as each sector ap- dent may initiate action by the office) the Urban Development the breeze" in the Governor's ofpears to have limited yet unde- New York legislature should pubCorporation in New York City fice—no one thought it could fined rights to the waterfront lic beach access become a matter went bankrupt, " according to work, but everyone knew somearea. of state-wide concern. Sundrum. thing had to be done. Rapidly rising coastal land This calamity brought the six Since no one wanted the difvalues and increasing pressures Editor's Note: This article will be young attorneys in Carey's office ficult job of administering the of development make printed in Sundrum, and another law student, who argued that his constitutional right to a speedy trial had long since been abridged. A 1977 graduate of UB Law School, Sundrum attributes most of his positive experiences during law school to his work with Professor Herman Schwartz on the ACLU Prisoners' Rights Project, noting that, "I probably learned 80 per cent of what I learned in law school outside the classroom." Those experiences, coupled with the "turbulent 60"5," and Sundrum's own "noble ideas about restructuring society" set the stage for a career in government which face-to-face with top attorneys has blossomed repeatedly into form the New York law firm of new and more exciting positions. Simon and Rifkin. Sundrum Beach Access agency, Sundrum was volunteered for the job. It was "an exciting chance to envision some- ... from resource it necessary to address these questions. These legal uncertainties directly impact the interac- the fall issue Coastline (Vol. 20, No. 4), a publication of the New York Sea Grant Institute. PASS WITH BBKBtol'jm IKSES&BEEESCBS —i s,pßtenitier,?3f;^!s 8 �A Jury of Your Peers. by Gary Farrell The amount of alcohol I had consumed on Thursday night had effectively precluded me from attending the Friday morning session at City Court. It was all I could do to stagger out the door sometime near noon and catch a bus downtown. After enduring the quintessential roundabout ride via the Kensington line (I lost themoney I had saved for a car last semester in Las Vegas), I found myself aimlessly wandering around City Court completely preoccupied getting something to eat. with The miracle of the loaves and the fishes can hardly compare with the miracle of me finding a snack bar on the fourth floor of a deserted City Court. Upon surveying the fare, I realized why everyone opted to eat out. While paying theblind entrepreneur for a pre-packaged ham sandwich (I couldn't help but wonder about how many times wily attorneys had gotten away with roast beef at bologna prices) and a Dr. Pepper (best way I know to kill cotton mouth), I noticed a fairly young, well-dressed man with an unmistakable look of pompousness mixed with weasliness that clearly marked him as an assistant district attorney. During the course of devouring my sandwich, I overheard this guy bemoan to the blind entrepreneur thathe was doing a jury trial and it looked like he was in for a long afternoon. Being a person who lives his life by the credo of "never do . .Oh! Come On Now! more than what you absolutely have to," I knew that this was my ticket to getting this assignment over with quickly. Returning to the counter under the pretense of getting a Snickers, I was able to ask the seemingly innocent question: "Excuse me, did I hear you say you were doing a jury trial today?" After receiving an affirmative response, I informed my target of the nature of my assignment and then asked him where the trialwould be held and if it would be okay if I watched. With a good dealof snideness he replied: "It's in Part 14, show up if you want it's your constitutional right." I responded with a suitably snotty "thanks a lot" and turned away. Before I could even attack my candy, he called out: "Hey, who did you say your teacher was?" I told him and now he was all smiles. "Oh, well why didn'tyou say so? I was just talking to Phil [Halpem] the other night and he told me some students would be coming down." After introducing himself as assistant district attorney (no surprise here) Glenn Pinckus, he volunteered that the case he was doing today was a prostitution charge coupled with resisting arrest and obstruction of justice, and that he was in the middle of jury selection. Smiling ear to ear upon hearing this news, I muttered something about "this being great" and set out for Part 14. Needless to say, I got there one, I noticed a tough-looking black girl with a leather jacket and intimidating boots stalking the door to Judge Raul Figueroa's courtroom. After a while she approached me and said: "You up before Figueroa too?" Though having heard her perfectly, I said: "Excuse me?" she reiterated her question. After swearing to myself that I would never go out in public without showering (and showering again), I nervously responded: "Oh, no. I'm just here to watch. Do you know anything about Judge Figueroa?" Before I could begin to realize how stupid this question was, she shot me a sly smileand said: "Only that I'm up before him." When the doors finally opened I slunk in and took a seat behind the defendant's table. It was in this seat that I was struck by the realization thattrial lawyers must spend their lives doing predominantly one thing waiting. First off, Pinckus was late, and when Figueroa came out he said things wouldbe delayed because he had to perform, of all things, two weddings. The defense attorney, a Mr. David Shaw, said he would patiently suffer the delay, but only on the condition that his client could be bridesmaid. During the delay, Pinckus approached Shaw with that "please take a plea so we can hit happy hour early" look, and asked him to step outside. Meanwhile, the bailiff added to the alearly. With the courtroom being ready informal atmosphere by locked, I had no choice but to sit keeping the court clerk, the on the floor and stare at my surstenographer and me in stitches roundings. Always the observant with stories about his superiors. Shaw came back and escorted These Are The Facts — ... — a crook for the second time in an hour, I answered that I was a law student and observing was my assignment. Mr. Pinckusthen got up and began questioning the next three jurors on the list. He addressed them one at a timebut basically his questions ran along similar lines: "Do you understand the role of the jury in the criminal justice process? Do you understand that the burden is on the prosecution to prove guilt by a reasonable doubt only and not all the doubt that somebody might dream up? Have you ever been stopped for a traffic violation? Were the police fair on the occasion they had dealings with you? Have you ever served on a jury before? If so, how did you find the experience?" and so on. All the while Pinckus was questioning, Shaw was busy scribbling down notes and marking charts, and also watching the jurorsintently as they answered. Pinckus seemed pleased with the two gentlemen (both employed at automobile plants) and one woman (a hospital administrator) and before sitting down, apologized to them if they felt any of his questions were prying. Shaw's questions seemed a little more personal than Pinckus's. After establishing that the woman had relatives and friends who were cops, he wanted their names. Each of the auto workers had sat on juries before and he wanted details about the case and names of attorneys. He asked more specific questions about their jobs than Pinckus had. He also asked if they were married (it happened to be one of the auto workers' anniversary) and if they had children. As he was coming to the end of his questions, his voice turned deadly serious and he asked: "Do you harbor any prejudice against the defendant because of the nature of the crimes she is charged with (Pinckus also asked this)? Do you feel any of you will be prejudiced against the defendant because she's black and you're all white? Do you feel any relief. I was psyched to see the prejudice because you're all from suburban towns and she's from show. Figueroa eventually returned the city? Or do you maybe feel prejudice because she's being and the prospective jury (all middle-aged and all white) was represented by a bald lawyer?" ushered in. Before letting the voir When no jurors responded to dire questioning resume (three these challenges, Shaw indijurors had been agreed upon that cated to the judge that he was morning, they needed three done. At this point, both attorneys more), the judge looked at me and asked if I had any business were asked to approach the before him. Trying to conceal bench, presumably to discuss outrage at having been pegged the agreeability of these jurors. his client outside for what I'm sure was a heated consultation. While they were away, I noticed that the only book on their table was a hard-covered volume of Gilbert's Criminal Law and Procedure I guest somethings never change. When Shaw and his client returned, Pinckus looked over at them and Shaw responded withthe old "no deal" nod, Pinckus sighed audibly and but mine was one of so did I — — The Central Park Grill SUNDAY Open Mike AnythingGoesl MONDAY JAZZ JAM TUESDAY Inner City Players WEDNESDAY THURSDAY SATURDAY lOC Wings Shakin' Smith 50c Drafts and his Blues Band $1.00 Bar Drinks $3.00 Pitchers We Rest Our Case. 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. BUY 1 DRINK GET 1 FREE WITH THIS AD Expires 1018/85 Buffalo Law Review In my mind I had all these people prosecutionclassified as oriented. If I were Shaw I would have canned the lady right then and there she didn't hide the fact that she loved cops, and this whole case would rest on the testimony of police. When asked how the police responded when her car was stolen she replied: "Excellent, they were super throughout the wholeordeal and got us back our. car in three days." Well, so much for my theory Shaw said okay to everyone. The attorneys quickly agreed on an alternate juror, who did have the distinction of being unemployed. ("I worked forBethlehem Steel until until they shut the place down.") JudgeFigueroa then called for a recess, explaining that when they returned he would give the jury their instructions and they would resume on Monday with opening statements. While the jury was in the bathroom, the judge called me to the bench and introduced me to everyone. He then opened himself up to questions. I asked him if Pinckus was allowed to ask the guy who said he sat for a murder trial which way the verdict came out. Figueroa responded in a very human way: "To tell you the truth, I don't know. We had that problem a couple of weeks ago ..." Shaw then chimed in, maintaining that he could have asked but Pinckus couldn't. Pinckus himself didn't join us in this colloquy, he was content to sit out the break staring into his briefcase. — — When the jury came back, Figueroa gave them the standard instructions about not discussing the case with each other or anyone else. He then reminded everyone to come back Monday morning at 9:30 AM before concluding. I took this chance to go up and question Shaw about his strategy. He was really candid with me. I think he could sense some genuine interest on my part. He first told me the deal Pinckus had offered they were willing to drop everything but one prostitution charge (she had another pending in another part of court). He must have noticed the amazed look on my face because he quickly added: "She's not stupid either. Check this out (pointing to his notes), entrapment all the way. These cops came up to her and they said what they wanted and what they were willing to pay for it. The bitch of it is that predisposition is impossible to prove in a case like this." At this point I noticed Pinckus had scurried to the back of the courtroom to consult with — two gigantic guys. Shaw looked over at them and smiled, and then shot imaginary bullets from an imaginary gun in their direction. They responded with The editorial board of the Buffalo Law Review would like to thank equally good humor. Shaw again all students who participated in the 1985 casenote competition for showed he could read me like a theirinterest in the Review. We are pleased to announce the selection book when he said: "These guys ofthe following persons as Associate members for the 1985-1986year. okay, Names New Associates are JimHazel Anne Adams Bradford P. Anderson James G. Hunt Thomas L. Jipping Miriam Bandes Philip S.Chamot Christopher L.Doyle Keith Fabi Spencer G. Feldman David Flynn JaniceFurioso Steven S. Katz Susan Kreidler John K. Lapiana Robert Lehrman Beverly A. Lewis John L. Martin Bonnie L. Mettica Steven Ricca Hugh M. Russ Joel Schechter William C.Schoellkopf Evan Shapiro Robert P. Simpson Jane M. Smith Eric Snyder Samual M. Spiritos but sometimes vice cops just get a thing for a certain girl and sort of bend the rules." I then asked what his perceptions of this jury were while timidly adding my reservations about them. He smiled really wide and then delivered this classic line: "I'll tell you, picking juries is like taking law school exams. It's the time you come out thinking you Karen A. Grasberger did all right that's the time you We would also like to apologize for any inconvenience the late notice really get fucked." With that we of our decisions caused. Unfortunately our decisions could not be parted, and I don'tknow why but made until all first year grades were available. We would also like to the bus ride didn't seem too long thank the staff at A&R for all their cooperation and help. this time. September 23, 1985 The Opinion 9 �Dean Search .".". .. development and any major fundis expected, the Committee will raising projects resume advertising the position, are concerned." He also noted that "a gathering nominations and reperson has more clout" if he's in viewing the credentials of in"still creates uncertainty both in a permanent position and, as a terested parties. the minds of the faculty and stu- result, "Schlegel's voice might However Alutto deniedthatthe dents, and certainly also in the not carry as far" within the Capen Committeewill have to start from minds ofalumni who are not sure Hall and Albany administrations scratch in its search for a new where things are going so as would that of a permanent dean. "We're not back to square dean. one if only because we've seen you certainly don't want it to continue very long." Alutto said that the Committee a group of candidates, we have Wickmark agreed that the fail- has not yet convened to deter- been through the process so that ure to select a new dean on time mine how to proceed with the the Committee now has a fairly will hurt the law school. "The search and cannot do so until it good idea of the kinds of candiproblem I see is that you sort of is "officially reappointed by the dates who are available, and hold the fort as far as curriculum Provost." Once that happens, as we've had word out now for a year that we are looking," Alutto said. "I'm confident we can find a it's a good good candidate school, we were able to get some very good people attracted to it last year, the faculty has very high standards, and that's the way it ought to be," Alutto con- fuses to assign to much importance to how statistics rate ÜB. "Rankings," he said, "do not seenp to be inaccurate concern- ulty members. "Faculty retention is going to become a problem," he said. "The State University does not recognize that there is a national marketfor law professors." Schlegel believes many of the school's faculty will remain at UB if salary differentials are continued from page I ... Schlegel ... continued from page I sociated in the Critical Legal ing the reputational pecking Studies (CLS) circle," he order of law school."Reputation explained. freqently mirrors the social CLS, he explained, consists of status of a law school, he added. faculty member groups across For instance, because wealthy the nation, of which UB is a students attend Ivy League leader, which reflect a "developschools and receive pretigious ing concern about understandpositions after graduation, ing practice and theory and what Schlegel explained, a general is actually teachable." reputation that such schools are Currently, Schlegel sees the better than others is born. law school continuing its upward Because UB is not perceived as climb in the national rankings, a "social" equivalent of a Harwhich regularly place the faculty vard or a Yale, it is especially notable that it is still consistently in the top twenty. In the next decade, Schlegel notes that the ranked high. "(In ÜB's case) the school will "continue its work at rankings alert people to cirdeveloping a curriculum that cumstances where the old social leads to a more serious consider- perspectives are out of skew with ation of both practice and theory, the underlying realities," he said. while at the same time, we will Even so, Schlegel does admit see the accretion of increasing that the law school has a "peracademic note for the law school ception problem" with many of as the young faculty members its own students. "Buffalo Students do not think begin to hit their stride." But, even witn the prospects of that their law school is as good closing ranks with the country's as it is; to them its just plain old elite law schools, Schlegel re- ÜB," he lamented. "A number of Roof Saga ... nmliniu'ilfrom />((,!,'(' / floor, the unsightly view of garbage cans strategically placed throughout the floor to catch the water leaking from the ceiling, and the soggy patches of carpeting where the water misses the containers. Although Fredericks quoted a figure of $120,000 to $130,000 for repairs, he said that this figure may escalate because the delays have caused extensive interior damage. Library ... ctmiiniieil from pagr I Capen Administrators Get First-Hand Knowledge O'Brian Hall, which has the most severe internal damage of any building on Amherst campus, is the first on the list ofbuild- ings to be inspected by an entourage of U/B administrators. Assistant Provost Voldemar Innus said the Provost's office hopes to establish a practice of walking through each building on campus to inspect its general condition. Physical inspection of O'Brian was scheduled to take place this summer, but was can- "There is a certain advantage in having an entrance on one floor and an exit on another in that you can establish one-direction traffic flow," he said. "There Edward Doty, ÜB's Vice Presi- would be less congestion." Ellen Gibson, Director of the dent for Finance and Managelaw library, said that such a setment, while expressing some uncertainty as to the practicality of up could be contrary to fire Hoffman's proposal, said that codes. She also said a third-floor providing a third floor entrance entrance would require hiring to the library "wouldn't take that additional staff and installing another alarm system to guard much physical doing." "That area would be more centralized as a lounge for law students," he said. students do not recognize the quality of legal education offered here." Schlegel theorizedthat for many students UB was their second choice and, as such, "reason that their education must be second class." Similarly, Schlegel added, many UB law students harbor a "Buffalo students do not think that their law school is as good as it is; to them it's justplain old ÜB." cluded. .. Wickmark, however, appeared less confident. "The Committee is going to have to work harder and will digging up names have to work a lot closer together this semester," he said. not too disparate, pointing to the academic freedom and comaraderie enjoyed at the law school, but if the gap begins to exceed $10,000, a faculty flight may occur. "It is only due to faculty devotion to ÜB," he explained, "that a large migra- as reporter, copy editor, and senior editor of The New Voice, the campus newspaper. John K. Lapiana, a second-year law studentand master in history candidate, served as business manager and was elected managing editor. Lapiana earned his Siclari, a third-year law student B.S. in business administration who earned his B.A. in English from U/B. While an underLiterature and Spanish Literature graduate, he served as editor-infrom Hofstra University, was also chief of The Spectrum as well as a news editor of The Opinion. being a former associate editor While at Hofstra, Siclari served of The Reporter. 10 TheOpinion September 23, 1985 names and positions of dean candidates interviewed here late last spring are as follows: John Payne, Professor of Law and Associate Dean at Rutgers University School of Law; Martin Belsky, Professor of Law and Director of the Center for Government Responsibility at University of Florida School of Law; William Buss, Professor of Law at lowa College School of Law, and Gary Alexander, Dean and Professor of Law at University ofSanta Clara School ofLaw. those he said. "They have been doing it in Indiana for 120 years, but its only been for 10 years in New York." Alumni contributions are important, Schlegel said, for supplying the marginal dollars to buy library materials, funding research projects and endowing teaching chairs. Despite the problems inherent in an infant alumni support network, Schlegel said he was pleased with the results thus far. "Even though the level of support itself is low, the wonderful thing about it is that there is growing generosity at all levels," he said. "There is every reason to believe that it will continue to new, while retaining current, fac- tion has not happened." The new law school dean, Schlegel said, must work toward expanding the alumni base, grow." Schlegel noted that it was in which currently is "disproportionately young" and hence the law school's "best interests" poorer than most other law that a new dean be selected by schools. The UB law school, he the next academic year, and he explained, was small until the is "firmly optimistic" thatthe two early 19705, so a small base of year search will be concluded by older, more established alumni next September. Despite his long are supporting a proportionately interest in legal education and much larger student body than tenure as associate dean, Schlegel was quick to annouonce at established law schools. "It's a relatively new idea here that he would "preferably not" giving to the state law school," succeed Headrick as dean. celled due to time conflicts among the various administrators who were to participate. Innus said that Provost William R. Greiner's secretary is presently trying to reschedule the inspection for sometime this fall. wall in the O'Brian Room, a reading room located on the second floor of the library near the patio. Last winter, maintenance had to break through the wall to fix a pipe which had burst. Gibson said lights were in- "reasonable amount of resentment because they could, in fact, have gone to a law school with a better reputation, but found that they could not afford it." The new dean, Schlegel said, must be prepared to deal with this "disjuncture of social perception and academic reality." Another problem facing the law school, he noted, is hiring Library Receives Facelift. Major Surgery Still Needed Some improvements have been made in the Sears Law Library, noted Ellen M. Gibson, Director of the Library and Associate Dean for Legal Information Services. She said that maintenance has plastered and painted the against theft. "If there was a complete third floor, I'd have no trouble saying let's board up the second-floor entrance," Gibson said. "We're definitely having problems with space right now, and if someone said they'd build us a third floor, I'd tell them to start today." Doty, who talked with Hofffman and also spoke with Thomas E. Headrick, then the Dean of the law school, said he Jerry O'Connor, a third-year law student, will serve as business manager for The Opinion. O'Connor earned a B.S. in management and a B.A. in history from U/B. Jeff H. Stern and Paul W. Kullman will serve as news editors. Stem, a third-year law student, is a graduate of Brandeis University where he earned a B.A. in classical civilization and was a news reporter and contributing editor of The Justice, the university weekly. on the weekends rather than just during the day. Repairs on the seventh floor of the library are anticipated by Gibson since moneyforthat purpose has been allocated in the library's capital budget. However, she pointed out that many things in the library still need improvement, such as replacing waterlogged and worn carpet, improving the aesthetic condition of the patio and investigating why three pipes have burst in the same places for two consecutive stalled in the second floor reference area, thefourth floorand the sixth floor Document Room. Besides providing better illumination, this enabled the Career Development Office to move some of itsmaterials on the fourth floor of the library so they will be available to the students at night and years. has no idea how much a thirdfloor entrance would cost nor the cost involved in closing up the atrium in the middle of the third floor. He also has no idea as to how much time either project would require. "There are a lot of building changes that people want right now that we haven't gotten to yet," Doty said. "And I'm not really looking for more." Doty added, however, that New Editorial Board Elected Victor R. Siclari, former managing editor of The Opinion, was elected editor-in-chief during elections held at the end of last semester. His term, along with those of the other new editors, commenced with the last issue and will run through April 1986. ■'The •■"■■*" Second-year law student Kullman, a journalism major from Purdue University, is a former reporter for the Purdue Exponent, the university daily. Kullman has also worked on the sports desk of the Journal and Courier, a community daily in Lafayette, In- diana, and is a former intern with Bee Publications in Buffalo. Tim Burvid, a third-year law student/ will serve as features editor. Burvid earned his undergraduate degree from U/B in political science, philosophy and classics. while he has not talked to anyone from the law school this semester concerning Hoffman's proposal, he is waiting to hear from SBA or law school administrators to determine the support, if any, for such a proposal. Regardless of what happens, Doty said there is "no way law students will have the insulated environment they had five years ago. They are in the middle of the campus now and are going to stay there." P.A.D. presents its annual Racquetball Party Friday, September 27 Boulevard Racquetball Club 9 p.m. ? Beer, Wine, - Pizza, Wings & Court Time for only $7.50 Opt ticket* outside library. �I ;.' h r-thelas' -" dayf ' ?B 111 1985 . success ««««** Any questions, please contact the following: THIRD YEAR REPS Nancy Barshter Susan Berkow Jessica Braginsky Lori Cohen Bill Daly Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace Cathy Papas Gina Peca Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Pau KarP ' Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacappruccia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder Sam Spiritos Larry Spicazzi Evan Shapiro Colleen Rogers Tina Simpson September23,49Bs. The Opinion 1 I J I I 11 �■ I '■- i I ■ I I ■ I I I ■ ■ I I I I I I I 11111 ■ I™" IHH IH Taking the bar exam can be an exhausting, prolonged and anxiety-producing experience. You will probably never again take a test as comprehensive and important as this one. Although the bar exam will never be easy, with BRC on your side it can be made a more humane and tolerable experience. Our testing, lectures and materials are designed to give you all the information that is necessary to pass the exam with emphasis on conciseness and brevity. Our specialized services allow you to tailor the course to meet your individual and unique needs and strengths. No other bar review service can match the substance, security and convenience that BRC provides. Find out more about us. The more you know, the more you will want BRC on your side. I I I I I I I I I I I I I I I I %l m £ %, E«s x> •••iiiiiiiiJßLyiliiiJlilllUli ,l " JOSEPMSON BAR REVIEW CENTER OF AMERICA New York Regional Office: 10 East 21st Street, Suite 1206, New York, NY 10010, (212) 344-6180 ■ M —-^—^M^^B The Opinion 12 September 23.1985 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9b88f332d1b16658e9831f1aea2e9cd1.pdf 62ffe03a98cdaad27d000984fecfa28c PDF Text Text Cohen Chosen SBA President In Close Vote Bullard Takes Vice-Presidency Slot by Peter Scrlbner The elections are over, and this year's Student Bar Association will be headed by a pair of enthusiastic but contrasting officers. Lori Cohen, elected president, is likely to encourage a casual but spirited atmosphere in the group; relaxed aggressiveness if you can picture that. Newly elected Vice President H. Todd Bullard matches Cohen's positive attitude, but may prefer a more formal, non-partisan tone. Cohen approaches SBA with remarkable optimism. Her chief concern is with student life, and believes SBA should do whatever it can to improve the day-to-day headaches common to all law students. Cohen believes that the contrasting demands of SBA's three main functions—student problems, social events, and political activities—need not be divisive. On the one hand, she thinks that SBA, as the elected representatives of the law student body, ought to take a stand on political issues of concern to students. On the other hand, she believes that students of contrasting political viewpoints can and should get together more often. SBA ELECTION RESULTS: President: Lori Cohen* Bonnie Berger Vice President H. Todd Bullard* Carol Haar Nancy DeCarlo Treasurer Jerry O'Connor* Tom Sartoga Bill Blasi Secretary Colleen Rogders* Rose-Anne Landau 243 204 198 171 81 199 129 85 182 161 Partisanship, in an ironic way, can unite the law school community rather than divide it, since students who are committed to political action (of whatever kind) at least have in common an interest in public affairs. Cohen herself has very decided opinions on various subjects, yet advocates her positions with a smilerather than a shout. "Why," she said, "I even get along with " whereupon she named a fellow student who's political views were galaxies away ... Class Directors First year: Nancy Steiger* John Williams* Dave Petrich* Josh Rosenblum* Susan Binjszkiewicz* James Eiss* Scott Thurman Sandra Childs Robert Bogdan Brian Bomstein* Pam Neubeck* Vicki Argento* 80 76 70 Nancy Holtby* Larry Basel* 125 121 106 104 23 Third year student Lori Cohen was elected President of the Student Bar Association in an election held at the UB Law School two weeks ago. A little over half thelaw school student body voted in the election, and gave Cohen a winning margin of 54 percent to 46 percent over Third year: 69 Bonnie Berger. Cohen has been Leslie Stroth* 106 very active in SBA affairs over the 67 Del Robinson* 103 past two years and believes her 62 Sim Goldman* 83 experience was the deciding factor 55 Gary Farrell* 79 in the election. 54 Lionel Rigler* H. Todd Billiard, a second year 74 50 student, was elected Vice President Joe Jarzembeck* 71 of SBA, defeating Nancy DeCarlo Floyd Bookbinder 63 and Carol Haar in a three way race. Second year: Dave Chapus 61 Bullard, who served as a first year Karen Buckley* 132 Bill Blasi 48 director in the SBA last year, received 44 percent of the vote. you have to take a stand in life, that Both Cohen and Bullard hope to from her own. It remains to be seen you can't hide on the sidelines. But increase communication between whether others can similarly temper the law school community and the Bullard would reply that SBA SBA their Commitment to Truth enough during the coming year officers may well have been elected to recognize non-believers as fellow Another second year student, not for their political beliefs but Colleen humans. Rogers, was elected because of background their and secretary, while third year student H. Todd Bullard sees the role of positions on the issues all law Jerry O'Connor SBA as a forum for discussion, won election as students rather than an advocacy body. He seventh agree on—late grades, the Treasurer. O'Connor served last floor roof, incompetent year as Business Manager of The believes that student involvement in professors, and parking. Opinion, but has resigned that the political issues of the day is The may two officers differ on extremely important, but absent position to avoid any conflicts of more SBA than the role of in interest with his SBA post. Eighteen "overwhelming student support," politics. Cohen prefers a wide open SBA should be encouraging debate, let-it-all-hang-out other students were elected to the style of running tfifc_as__class rather than taking positions. Cohen directors continued on pg. 6 would consider that to be silly, that THE OPINION Votame 26 No. 3 STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOL OF LAW October <>, 1985 Social Science Experts Join Law Faculty Professor Blum: Civil Procedure by Krista Hughes Jeffrey Blum arrives at UB Law School with a diverse panorama of interests, in areas such as environmental law, litigation, freedom of expression, psychology, sociology and drama. He says published works include Pseudo-Science and Mental Ability, an exploration of the of exaggerated notions scientific testing on assessing mental abilities. He has also penned several "expansive law review-type articles" on race issues, social theory, political sociology and some social psychology. First Amendment rights is a topic in which Blum has a specific interest and which "cries out for some good social theory to be written about it." In his Section Three Civil Procedure course, Blum likes to combine the basic subject matter with what would be considered "lawyering process" course material. He to "stress likes the manipulability of doctrine" by examining the rules of procedure and analyzing how they are used to bring about differing results based on the deciding court's orientation. He considers his approach to teaching that of a "legal realist." Next semester Professor Blum will teach < Constitutional Theory and a seminar on free speech, in which he will supply an analysis of the functioning of institutions which are that he finds the academic environment here especially conducive to interdisciplinary study, a major factor in his acceptance of the school's offer to teach Civil Procedure to the first year class. Blum comes to UB from the firm of Sive, Paget and Riesel, a twelve attorney "Park Avenuetype" Environmental Law firm in New York City. Prior to his two years with the firm he divided his time between a position at New York University School of Law, where he taught a legal writing course, and a position as trial attorney for the Union of Concerned Scientists. As attorney for the Union, Blum was involved in hearings conducted within the Nuclear Regulatory Commission which strove to shut down the Indian Point Nuclear Power Plant. A native of Ann Arbor, Michigan, Professor Blum spent eleven years in California before moving to New York City. He earned an especially important undergraduate degree in psychology from Stanford University and, pursuing an interest in the Social Sciences, received a doctorate in Sociology from the University of California at Berkeley and a law degree from Harvard. His published works include Professor Munger: Municipal Law of speech - by Krista Hughes Jeffrey Blum standing among law schools in this country, and supports and encourages the innovation for which UB is known. In his free time, Blum steps out of a strictly law-oriented mentality and writes screenplays, usually a mixture of comedy, and serious drama. He admits to having had "a history of sporadic involvement in little theatre" and finds that drama and law, especially courtroom law, are not mutually exclusive, and are in fact closely related. "Buffalo Model." Prior to accepting the position at UB law school, Professor Munger, a Michigan native now living in Snyder, N.Y. withhis wifeand two sons, worked in both teaching and administrative capacities at Antioch School of Law in Washington D.C. since 1974. He explains thathe finds UB slightly more traditionalthan Antioch, which began as a teaching law firm and which maintains aradical, "way out" attitude toward the instruction oflaw. There, students learn public interest law by clinical experience rather than by casebooks, although the schoolhasbeen experiencing a trendtoward classroom teaching. Somewhere between strictly clinical and strictly casebook approaches lies Munger's own approach to teaching. Studentstaking Municipal Law this semester and his Legal Profession course in the spring will find that Munger likes to emphasize contextual and historical material in order to "sharpen and clarify the issues." Equally important, however, is practical application, and Professor Munger encourages exercises in which students role-play so that they "actually apply what they are learning in class to to freedom (newspapers, for example). He enjoys bringing social arid political theory into the study of law,' as evidence of interest in strong a interdisciplinary work. Blum is impressed by ÜB's "avant garde" reputation and high Frank Munger, one of two new professors at the law school, is no stranger to non-traditional legal education. In fact, judging from his previous experience and interest in public interest law, clinical legal education and the social sciences, Munger, who now teaches Municipal Law, should fed right at home with the Frank Munger practical situations." Munger's research interests lie in interdisciplinary work within the social sciences, as is evidenced by a law degree and a Ph.D. in sociology, both of which he received from the University of Michigan. He accepted the position at UBbecause, heremarks, "I share a lot of interests with people who are already on the faculty. This is a school that's developing a strong interest in interdisciplinary work, and that's my main center of activity." Currently, Professor Munger is involved in research concerning economic development and the law, specifically the impact on the legal system of "economic transition from laissez-faire capitalism to monopoly capitalism" and the consequent evolution oflegal doctrine. His research, which is funded by a grant from the NationalScience Foundation, focuses on three small communities in West Virginia. It examines the "new classes of litigants you begin to see litigating in the courts, litigating for what purposes and what difference that makes to the evolution of the community." He is able to look at the legal histories of individual litigants, then, more broadly, explore how the outcomes of a specific class of cases affect the local economic and political structure, and on an even larger scale, how they affect state and federal doctrine which deals with that particular class of litigant. The evolution of the courtsystem and court reform in this country are subjects on which Professor Munger has written. His published material includes works on First AmendmentRights and the English working class during that country's industrialrevolution. He has alsowritten about the role of clinical teaching in a standard legal curriculum, a subject with which he has had much first-hand experience. Professor Munger's experience and approach make him well-suitedfor a fulfilling stay at UB Law School. �Volume Z6 No. 3 Concurrences and Dissents October 9, 1985 Editor-in-Chief: Managing Editor: News Editors: Features Editor: Business Manager: Collective Law Review Victor R. Siclari John K. Lapiana Jeff H. Stern Paul W. Kullman Timothy J. Burvid By Brett Gilbert Jerry O'Connor Imagine this, if you will: a group of people, all gathered together for a common purpose—the pursuit of knowledge. It is a relatively homogeneous group, everyone striving together, sharing their victories and defeats, their problems and their frustrations. A sense of community purpose permeates the group as it goes about achieving its tasks. All appears well. However, just as the group is Staff: Harry Bronson, Paul F. Hammond, Kevin O'Shaughnessv Charles E. Telford Contributors: Dave Chapus, Diane Dean, Brett Gilbert, Krista Hughes, John Martin, Elaine Pers, Peter Scribner, Amy Sullivan lC Copyright 1985, The Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees and by advertising revenues. Composition and Design: The Spectrum Press Heed ABA Standards rounding a corner, moving on to more difficult and substantial problems, there comes from above , an influence; an influence which seeks to destroy the group's solidarity, the sense of community which the group has for so long tried to maintain. This influence has as its goal the division of the group into two subgroups, one subgroup having more knowledge than the other. Members of the group begin to revere the influence, believing it to be a source of great knowledge and benefit. "Standard 20l(b) The law school shall have the resources necessary to provide a sound lega\ education and accomplish the objectives of its educational program, and shall be so Organized and administered as to utilize fully those resources for those purposes. . Standard 210 Affiliation between a law school and a university is desirable, but that relationship shall serve to enhance (he program of the law school. The influence from above claims to be benevolent, claims to be advancing the interests of all. Most believe in the legitimacy of the influence and are satisfied with its effects. However, there are some who grumble. They grumble because they do not see how the I l Standard 701 The law school shall have a physical plant that is adequate both tor its group's interests are being current program and for such growth in enrollment or program as should be advanced when knowledge is being deliberately kept away from some anticipated in the irrimediale future. of them. They see the influence as a be sufficient adequate classrooms and seminar rooms to tool to elicit acceptance of the Standard 702 there permit reasorable scheduling of all courses and there shall be such additional rooms creatin of two classes within as may be necessary to provide adequately for all other aspects of the law school's society: one blessed, and the other, program. well, the other not so blessed. The influence from above (a) The physical facilities shall be under the exclusive control and reserved for the eventually succeeds. It brings about exclusive use of the law school. 11 the facilities are not under the exclusive control of the end of community spirit, the the law school or are not reserved for its exclusive use, then the arrangements must end to group solidarity. The influence comes to set group permil proper scheduling of all law classes and other law school activities. member against group member and (b) Adequate provision should be made lor the conduct of moot court programs destroys the human bonds that are formed in the course of collective American Bar Association. Approval of Law Schools. Standards and Rules human action. ol' Procedure (1983). At first I asked you to imagine the above situation. Now 1 ask you The standards above are just a few of the plenary guidelines formulated by to look around and determine if the ABA's Section of Legal Education and Admission to the Bar. Taken this, somewhat dramatized, cumulatively, the compliance or non-compliance with the promulgated standards scenario exists within the walls of determine the initial and ongoing accreditation of a law school. Thus, serious O'Brian Hall. I believe that if we open our eyes attention to the standards is merited. Since we all are lawyers, we could sit down and play games of interpretation and just a little bit we might come to see intent. However, it would seem that this task is one which the ABA already has that we do, indeed, act within such performed, resulting in the current wording which is an attempt to make the a scenario. 1 think this scenario standards as clear as any legal guidelines or rules could ever expect to be. describes, fairly accurately, how Therefore, we here at UB should not embroil ourselves in a discussion of the students in our law school come to feel the purpose and effects of the intent and interpretaion of these standards, but should determine if we are Buffalo Law Review. making a good laith ettort to adhere to the spirit of the standards. After all, the The Law Review is a fascinating ABA will not accredit us on how well we argue the proper application of their standards and rules, but on our success in living up to the highest possible institution. It is a self-perpetuating •body designed to impart knowledge compliance with their standards and rules. Thus, the question we face is whether we are complying with the standards, and if so, to what extent. Or, to make an analogy, are we satisfied with "Q"ing out or are we trying to earn as many "H'"s as posssible. It is time for UB Law School to stop being subservient to the needs of the University. We have mandates to fulfill. Are we in compliance with the above standards now that UB Law School is no longer in charge of classroom scheduling in its "own" building, has no priority in scheduling, but must make arrangements through a central scheduling? ' COMICS The classrooms in O'Brian Hall should not be overrun by undergraduate classes the point that a law professor encounters a bureaucratic nightmare in scheduling a make-up class. Nor should law school clubs or organizations have to compete with each other for available classroom space if they hold their meetings at the same time on the same day or need more than one classroom for a conference or competition. Also, can we really feel thai the physical plant of O'Brian Hall is "adequate" in light of the current and impending increasse of traffic on the second floor by the library entrance. Can the Law School really be "organized and administered as to fully utilize |ils] resources" when it takes live years to fix a leaking roof (and only external repairs at that) while in three years the campus has grown by three buildings, a football stadium, an Olympic swimming pool and various other facilities too numerous to list. Should the law student (or any other student or faculty member) spend thirty minutes trying to find a parking space within walking distance (i.e.. other than Ellicolt Quadrangle) because he comes to school between the hours Of 10a "i. and I 1..V. a.m. to , Somehow, w* believe others share the feeling that the symbiotic relationship between the law school and the University that once may have been has been transformed into one which has been detrimental to the Law School in certain vital respects. , It is lime for the students to sit down with their student representatives and administration of the law school and University to plan the course of our law school's future, than having it planned without bur mput. 'The students are the consumers who nave paid for an education and degree from this institution. If UB Law School deteriorates, students will purchase their education and degree elsewhere. Consequently, the value of our degrees will depreciate rather than appreciate over time. rafHef . n?i»timfcW'.«fc.iriO*,= if figfol#&tt»iilni.&ll ***r« t*t?< s n,f '"•WrAi on those of its own choosing; those who are members of the organization choose those who will be future members. There is no room for discussion. If you are not one of the chosen, you will not partake of the club's selfproclaimed wisdom. Through the deliberate, though unnecessary, selectivity of membership, the Law Review mystifies itself, giving itself importance, status, and legitimacy within the community. We should examine the reasons why the Law Review would resist having itself democratized and why it would prefer to remain an institution which generates animosity between students in law school. The mystification of Law Review is an important ingredient in the ideology of the marketplace. The Law Review prepares us, trains us to accept similar mystical experiences when we must all search for a job. When we apply for an employment opportunity, we give it our best effort. However, the final decision concerning our placement involves a determination by members of other self-perpetuating bodies known as law firms, or employers in general. By the time a decision is to be made about our employment, we have been thoroughly conditioned to accept the secret deliberations of "private" bodies. Employment is madeavailable to those who accede to the mystification of decision making, and Law Review helps pave the way for the acceptance of this mystification. Law Review, therefore, is an excellent teaching tool which employers use to elicit and condition of acceptance marketplace ideology. We can directly observe this by noting the emphasis law firms place on Law Review experience. By requiring Law Review experience as a condition of employment, law firms are insuring the perpetuation of this teaching tool and the accompanying lessons it teaches; they insure the acceptance of an ideology which permits private decisions on matters of public importance. Marketplace ideology also requires the workforce to be divided and set against itself in order to blur power relationships. Through the institutionalization of a permanent pool of unemployed people, thus insuring an adequate supply of inexpensive labor, employers breed racism, sexism, and homophobia as workers are forced to compete for jobs that will help keep them alive. As a result, workers come to see their fellow workers a the enemy, rather than those who seek to divide them. Workers are then less likely to unite to fight their common foe. Similarly, Law Review rests on a psychology of "divide and creating artificial distinctions within an otherwise group, thus homogeneous preparing us for our future role within the marketplace. The Law Review competition focuses our attention on outdoing our fellow students, it encourages us to belittle others for either having been accepted to Law Review or for not having been accepted. We see as the enemy our fellow students instead of the institution which breeds artificial and destructive competition among students. Although law firms, as well as employers in general, are a powerful lobby to oppose, this should not deter us in an attempt to make the Buffalo Law Review a conquer," collective, democratically controlled organization which would be open to all students who wished to join it. A collective Law Review would help liberate us from destructive and alienating competition which destroys group solidarity; a collective Law Review would allow all students to partake in whatever wisdom the Law Review has to offer; a collective Law Review would lead to its demystification so as to eliminateits reputation as an elitist but most organization; importantly, a collective Law Review would help students see more clearly the power relationships in our society so they are better able to direct their energies against common enemies, rather than at each other. Finally, we should collectivize the Law Review if for no other reason than to maintain internal consistency here at ÜB's school of law. Our law school is premised on an amorphous concept known as the Buffalo Model which, from what I understand, tries to maintain a noncompetitive, collective spirit amongst students and faculty. Our grading policy is an excellent expression of this cooperative principle. It is pure hypocricy to publicly advertise the benefits and virtues of the Buffalo Model while also perpetuating the existing organization of the Law Review. We should be honest with ourselves and concede the contradiction, for the resolution of the contradictin will make us stronger. By Chapus �Faculty Enhances Status of Clinical Instructors by Jeff H. Stern In an effort to strengthen the law school's "live client" clinical program, the Faculty of Law and Jurisprudence has adopted a resolution which will enhance the status and job security of present and future clinicians. The resolution, which will go into effect this academic year, provides for a dual system whereby clinical instructors will be eligible for either tenure track appointments or long term contracts, renewable depending upon their individual preferences. "It is a bad thing for a university ever to have people around who do regular work who are not a recognized part of the central entity," Acting Dean Schlegel said. Under the current system the clinicians are appointed to one year renewable contracts as with modifications downward, however, in the quantity (but not quality) ordinarily required for the granting of tenure. Over the next two years, the Faculty will also review the five clinicians currently employed' by the law school to determine if reappointment to either a three year renewable contract or a tenure track position is appropriate. The five clinicians and their respective fields are: Joseph L. Gerken, family law; Ronald M. Hager, education John N. Lipsitz, law; bankruptcy; Kathleen Rimar, immigration; and Anthony H. Szczygiel, legal services for the elderly. The Faculty adopted the dual SLOMBA'S & University of Buffalo present LAW SCHOOL NIGHT Every - Wednesday, 9:00 p.m. closing system on a recommendation from Nils Olsen, Director of the Clinical Legal Education Program. Olsen wrote the Faculty that he thought a hiring system which offered two alternatives would be flexible enough to accommodate the Lecturers, but there are no interests of both practice and formal for standards research oriented clinicians. performance review and The former would presumably contract renewal. In addition, choose year the three clinical instructors in the renewable contract, while the current program have no vote on latter would prefer a more the Faculty, and are excluded permanent arrangement, with from other traditional Faculty the possibility of tenure and a privileges and perquisites. full professorship. Under the new system, future Schlegel said that the clinical instructors will be changes contemplated by the appointed to either a tenure resolution "are designed to fully track position or to a three year domesticate the clinics as a contract which is renewable a part of the law school's ongoing single time. In either case, there program and establish will be clear standards for them on a permanent academic renewal and promotion, as well basis." as voting privileges and Noting that the present increased salary levels for the system of hiring clinical clinicians. Those appointed to instructors on a year to year tenure track positions will be continued on pg. 6 expected to publish regularly, ... V— jw^~'-/ REMEMBER! SUPER BIONIC NIGHT * Featuring 50c Bionics (16 oz. Stroh's or Genesee) SLOMBA'S 75 Rodney (near FUlmore & Main) 836-9551 PASS WITH �A Century of Wilderness Preservation Adirondack region alone includes 46 mountain peaks which are 4,000 by Elaine Pers feet or more in elevation, one of Environmental Law Society which is the state's highest peak, Mt. Marcy at 5,344 feet. The initial move towards the During the week of September Ilth, festivities were held in Lake preservation and protection of these to lands occurred in 1870 and is Placid, New York, the 100th anniversary of New York State's commemorate credited to the insight of Verplank Forest Preserve Act. The Act, which has since been incorporated into the state Colvin, a local land surveyor. It is told that Colvin had just completed an expedition to the summit of an area mountain and upon the constitution, marked a successful effort on behalf of the residents of New York to keep the mountains, lakes, forests and wetlands of the Adirondack and Catskill Parks "forever wild." It serves today as a constant reminder that over a century ago, the residents of this reporting of this expedition to the state's Board of Regents, he concluded, "... these forests should be preserved; and for posterity should be set aside, this Adirondack region, as a park for .. " New York. In May 1885, these lands did in state possessed enough foresight to fact gain the state's protection upon seek the protection of these lands the passage of the Forest Preserve from human exploitation. Act. It is presently embodied in the These lands encompass the New York State Constitution as highest mountains in the state. The Article XIV and reads as follows: Law School Announcements n by Amy Sullivan I 1 The undergraduate roots of UB Law School's class of 1988 are only slightly different this year when compared to the entering classes of previous years. Traditionally, the entering class is comprised mostly of UB college graduates, with the SUNY system in general providing a good source of the class. Among private universities, Cornell is still the largest source of the entering law school class. However, Law School Registrar Helen Crosby noted that UB is attracting students from all over the country. "It seems we are hitting some different schools than in the past," Crosby said. "Among them are Augustana College in South Dakota, and Chaminade Students and Faculty are invited * * destroyed." Due to the Forest Preserve Act, the Adirondack and Catskill Parks exist today in their natural state, special places where one can find the serenity and rare beauty only the mountains can offer. These mountains certainly appear worthy of the celebration held in their honor, as 100 years of protection passes by. Hopefully they will be around for the bicentennial celebration of their continued protection. Freshman Class Maintains Standards THE WOMEN LAW STUDENTS ASSOCIATION WILL HOLD A GENERAL MEETING ON TUESDAY, OCTOBER 22 at 3:30 p.m. IN ROOM 10, BASEMENT OF 0'BRIAN HALL I "The lands of the State, now owned or hereafter acquired, constituting the Forest Preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or taken by any corporation, public or private, nor shall the timber thereon be sold, removed or * The Jaeckle Center For State and Local Government Distinguished Speaker Series Presents Thomas F. Hartnett Director of Governor. Office of Employee Relations Mr. Hartnett will be discussihg his role and responsibilities at the GOER Tuesday, October 29,1985 Box Luncheon, 12:15 545 0'Brian (Faculty Lounge) All Students and Faculty Welcome University in Hawaii." Nevertheless, although the exact figures are not yet complete. it appears that the entering class is Crosby said that personal composed primarily of New York statements and letters ot are also State residents: 200, as opposed to recommendation only 20 out-of-state students as considered. well as a handful of foreign The Special Admissions students. The majority of out-of- Committee reviews files and looks state students come from the for unique qualities in applicants; bordering states of Massachusetts, those who have various backgrounds and life experiences. Ohio and Pennsylvania. Although most of the first year As far as numerical academic credentials are concerned, they class has come to UB directly from are almost identical to those of college, there are some who have last year. The class had a median already earned various graduate Law School Admission Test (LSAT) degrees. They include Master's score of 36. The median G.P.A. degrees and Ph.D.s, in many dropped 2/100ths of a point, to different fields of concentration. 3.28. This makes the age range here The first admission criteria quite broad, twenty-one to fifty looked at from an applicant are ..years-plus in age. Crosby also the G.P.A. and the LSAT score. /noted that the percentage of "For some applicants you don't women "was holding up very need to look any further," Crosby nicely at 46 percent." said. "Those are basically very She concluded that, "the first excellent students." The year class is very interesting, and admissions committee also looks I'm looking forward to working for variety in choosing applicants. with them." These Are The Facts ... Y<Hill get first hand experience in (he court- it lakes to be a Marine Corps Officer and room right from the start In three years, you lawyer, talk with the Marine Corps Officer could handle more than 3,000 cases in a Selection Officer when he visits your campus, ~ I More than 190,000 wide variety of subjects I from international to con| Marines could use MM&VC tracts to criminal law. If d@& your service. *n/i/l/i/i * you think you haw what I »• MyUSJUUV CUCtttS I ftrrm the Jtirt L—^——^ The Central Park Grill SUNDAY Open Mike Anything Goes! MONDAY JAZZ JAM TUESDAY Inner City Players WEDNESDAY THURSDAY SATURDAY Shakin' Smith 50c Drafts lOC Wings and his Blues Band $1.00 Bar Drinks $3.00 Pitchers We Rest Our Case. 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2AM BUY 1 DRINK GET 1 FREE WITH THIS AD Expires 10/29/85 (limit one per customer) �"The Boy Mechanic" The SBA Governmentby Kevin O'Shaughnessy The elections are over. The what Have We Elected? don't think it works too well. students are capable of Here's how I make my representing themselves. "informed" decision: I vote for I want to overthrow the SBA people I know. If I don't know government and replace it with any of the candidates, I write something truly radical: the in a friend's name. This year, my town meeting. Anarchist! selection for SBA president was Blasphemer! Commie! a student who transferred out of Think about it. Meetings the University of Buffalo Law could be held on a regular basis School. in the Moot Court room. Every I felt he would do the best job student would have the of representing me. I don't want opportunity to speak and vote. to be represented. I don't want The issues would be debated to represent any one else. I and voted upon in a more open would like to think that law and (dare I say it) democratic "government" is in place (we were without a government for a month but no one seemed to notice). Get ready people! We are about to be represented. The campaigns and elections are supposed to expose the issues and candidates. This allows the voter to make an "informed" decision. This system is far too traditional for a "progressive" (according to the law school's brochure and Schlegel) law school. Besides I atmosphere. This law school is not large enough to require an elite, ■ring body. Frankly, there is ■Me than enough elitism WH&d here. The present officers would •rap the benefits of the overthrow. Since the burdens of government are to be shared by everyone, they would have more time to devote to their studies. The only real, tangible loss they would face would be on their resumes. There are other activities which can be used on a resume. (The Opinion always needs writers.) As it stands now, we vote for other people. Why can't we vote for ourselves? The present system teaches us to be represented. We should learn how to govern ourselves. This would look good on everyone's resume. The Public Sector Public Interest Lawyers Can Make a Difference by Diane Dean If there's one thing Bob Elardo, a 1982 graduate of UB Law School, has in common with other public interest attorneys, it's his desire to make some changes. Elardo heads the Volunteer Lawyers' Project in Buffalo, a job which requires him to be an advocate, an administrator, and a salesman (his worthwhile and can help limit their own overload of poor people seeking representation. He admits that the second argument doesn't work very well. Elardo, one of the four founders of In The Public Interest magazine while rin law school, believes in his job. 'lt can tie very rewaiding to see that you've made a difference in someone's life because they gofl custody of their child or didn't get/ thrown out of .their apartment because of you.' some of his law Some of his law school friends...encourage him to "stop all of this idealistic stuff and get a real job." preferences run in that order). The project secures lawyers for people who "aren't going to get represented any place else" because of the shortage of legal services for people who can't afford to pay lawyers' fees. As administrator of the pro bono program, Elardo sells private attorneys on the notion that taking a few free classes a year is Betore studying law, Elardo worked as a salesman and a construction worker. "I saw all the school friends "politely shrug their shoulders" and encourage him to "stop all this idealistic stuff and get a real job." ißut for now, Elardo sees the value in what he does—he left a private criminal defense firm to do it. CLEO by Timothy J. Burvid learned before he left law school that decisions weren't always made because they were the 'right' ones, Elardo encourages students with similar concerns who are "sitting on the fence" about the decision between public interest jobs and private firms not to be held back by the high visibility of corporate law models or the limited funding for public interest work because of the political climate today. "There are a lot of people who are on the fringe who can be very happy with public interest work," Elardo said, "but if they find some other type of work, they'll be happy too. It's OK not to feel like you have to decide something one way or the other right now or anytime. But you should try to find out what public interest ideas are like." Elardo recommends that students "get some public interest experience and explore it more." He suggests divorces anyway? Why don't they taking a clinic at the law school or just move apart from each other?" working in the public interest "for a Another said that his secretary few years. It's a way of putting would kill him if he gave her something back into the community anymore extra work. But there are for all the benefits you'll be able to also attorneys who take more than reap during your years in practice." the allotted two or three cases a Giving back to the community year. Elardo says that returning to does have its frustrations, Elardo says. The most frustrating is that he Buffalo toget the Volunteer can't help all of the people all of the Lawyers' Project off the ground time. The next is being behind a has been worth it. "1 don't have desk too much of the time. Elardo, much of a chance to form changes who returned from teaching at in the law, I think. So when I can do Berkeley and working in California it, that's really satisfying. I feel like to run the Project, sees his job as I go along through the weeks and 1 laying the foundation for the can see I've made a difference in Volunteer Lawyers' Project in peoples' lives. But 1 think I've done some good by bringing free legal Buffalo. To do that he has to be an services to people who'd go without administrator more than an them if it weren't for this project." advocate. Elardo has to look at the Maybe that's something else legal needs and decide which cases Elardo and other public interest he's going to handle. It isn't easy. attorneys have in common—they "It's a cold taste or reality," in wantto make a difference as well as fact. Often he can't get enough make some changes. attorneys to take all the pro bono Diane Dean is the Graduate work that needs to be done. Elardo often hears excuses. One Assistant for Public Interest/Public attorney asked Elardo's secretary, Service Careers in tbe Career "Why do poor people need Development Office. From Hyman to Schlegel She's Seen It All family, her name in Greek was Heraclea. Cleo is merely an accepted nickname for her Greek name. One day, Schwartz heard Audrey call her Cleo, and she has been Cleo ever since. When the law school moved to Amherst, Cleo recalls, "The place looked like a wilderness, but at least we had the parking spots all to ourselves." (O'Brian Hall was the first building on campus, and stood alone.) "Most of the faculty wanted to move out here, although you'll Selu&artz, Thomas Headrick, and now, Acting Dean Schlegel. As former Dean Headrick has said, "I wouldn't be dean unless Cleo was my secretary." Cleo remembers the early years, when the graduating classes numbered around 40. When UB While deans may come and go, the dean's office has retained an unbroken line of service from Cleo Jubulis, secretary to the dean and familiar with the UB institution. became a state institution in 1964, Cleo has occupied Room 319 of the school started growing more O'Brian Hall since Day One of its rapidly. While most people in the existence as the first building on the six-ties were experiencing Amherst Campus, possibly making Beatlemania and the psychedelic era her the longest continuous resident was beginning to blossom, UB law on the entire campus. students were just making the Cleo, whose sincere smiles warm transition from suits and ties to the hearts of anyone traversing the more casual dress. third floor, came to UB in 1959, While sockless topsiders and whenthe law school was part of the Hawiian shorts are now an everyday private University of Buffalo and sight on warmer days, in the sixties, was located on Eagle Street in "students always wore suits and downtown Buffalo. Cleo recalls ties; even the women never wore that in the early years, there were slacks," said Cleo. "Then one day only five professors (including a student who always wore a suit veteran Wade Newhouse), and came to school wearing loafers Dean Hyman. without socks, and that started a The dean had his own secretary trend towards more casual who also functioned as the fashions," Cleo theorized. registrar, while Cleo served the rest Similarly, while the students on of t(fe faculty. "I walked in with my the Main Street campus "Of course, the law school also went through long hair and all that,...." suit, hat and white gloves, and was hired right away," Cleo reminisced. Since then, Cleo has worked for five deans, Jacob Hyman, William Hawkland, Richard "Red" bosses making decisions for really petty reasons. I thought that if I went to law school, I'd find people making decisions for the 'right' reasons. I wanted to be involved in deciding what was 'right,' what the law would be." Elardo concedes he participated in protests, law students quietly went about their work on Eagle Street. "Of course, the law school also went through lone hair and all that " remarked always hear people say they'd rather be downtown," Cleo said. In the twenty-six years Cleo has been here, she has met "lots and lots" of students, and "liked them all." When asked if she ever had any favorites, Cleo replied, with a maternal smile, "If a woman has four daughters, and you ask her which she likes best, shereally can't say. I've liked them all." Cleo she finds it interesting to occasionaJUylmmp into students downtown, and prides herself on her ability to remember first names. Heraclea "Cleo" Jubulis Cleo, noting that she has nothing personal against long hair. In the sixties, UB Law School was just a small local school. Even women were few and far between. Cleo recalls that when M. Delores Denman tried to enroll, Dean Hyman tried to talk her out of it. (There were two women students said. Court Justice for New York State, and has since become good friends courses. The early seventies were a time of change for the law school. It was growing in size, changing its mission (developing the Buffalo Model), and moving to theAmherst Campus. Richard Schwartz became dean in 1973, and was a sociologist by profession, not a lawyer, according to Cleo. He started then). Today, Denman is a Supreme developing interdisciplinary with Hyman, even performing his marriage ceremony. "There are so many more married women with children going here. I give them an enormous amount of credit," Cleo Red "was very 'informal and down to earth," reported Cleo. In fact, he's the one who started calling Harriet Jubulis, Cleo. Cleo explained that her legal name was Harriet, but coming from a Greek "1 think its important to call people by their first names," deo stressed. Cleo said that she had no idea that she would someday be secretary to the dean of a law school. In fact, prior to coming here, she was an Arthur Murray dance instructor for ten years. Then, "I got this job and loved it." She hasreceived two staff awards from graduating classes and supposes that people get some sort of service recognition upon retirement, but said that she has no intention of leaving just yet. "I enjoy my job tremendously. All the deans have been wonderful people, as have all the staff and students," Cleo concluded. �Marathon: A Challenge For Students by Paul W. Kullman When the gun went off starting the Buffalo/Niagara Falls International Marathon on Saturday, Sept. 21, the goal of many runners, including three UB law students, quickly changed from one of finishing the course, to one of finding it. Second-year students John Zuroski and Jack Luzier "found" one course and finished at the Chippawa Bridge, 1.8 miles from the Falls, together with 488 other runners. Julie Brett, also a second-year student, "found" another course and finished along with 154 others at the Enginerium adjacent to the Falls—the place where the race was supposed to end. Over 100 other frustrated runners dropped out, many vowing not to run the event next year if it is held. with most of the finishers at the Chipi«wa Bridge site ran as much as an additional six-tenths of a mile, Zuroski said he was pleased with his results. "I was happy because this will make the next maraton seem shorter." The problem of which route to take, or not to take, occurred at about the 6-mile mark, just outside Fort Erie. Race director John Chew, who was leading the runners in his car, broke away from the Niagara Parkway Police escort ahead of him because, he said, the police escort had deviated from the knew ran slower than me." Brett, running in her second marathon, covered the course in 4:04 in finishing by tie Enginerium. While admitting she indicated they would probably run the Buffalo/Niagara Falls International Marathon if it was held again next year. in the event it isn't, Luzier said he and a group of friends calling themselves RUST (Runners United for a Safe Tomorrow) will run their own marathon. them. "We have to, in order to have the "When 1 heard everyone else get so upset, it just gave me more Marathon Party," he said, motivation to finish," Brett said. referring to the annual party he and "1 used everyone else's anger and his housemates have held following decided 1 was just going to have the race for the last six years. "The marathon came first," fun." Luzier, who ' wasn't running a Luzier said. "But now, the competitive marathon" because he Marathon Party is the reason to run was unable to adequately train due the marathon." 4 to injuries, said, "Psychologically, the mix-up didn't bother me. I think too many people wasted have taken. had some problems deciding which route to take, she "didn't take as big a detour as some people." While the mix-up caused many runners to become upset and even drop out, Zuroski, Luzier and Brett all said that it really didn't hurt Zuroski, who said he thought it was just he and the first 50 runners who "messed up," added that around the 9-mile mark, "There were two streams of people pouring in our route." "We got held up for awhile," he said. "Because of the wrong turn we took, we must have run into the 9-minute milers on the right course. Everyone was swearing and dodging back and forth." Jack Luzier, a veteran of six marathons who finished in 3:37, said he realized there was a mix-up at the 6-mile mark. "There hadn't been a mile marker for awhile," he said. "When we got to the 7-mile mark, 1 looked at my watch and knew race route. Approximately twothirds of the runners also deviated, and a finish line was quickly set up at the Chippewa Bridge site. According to Niagara Parkway Police, they were following a map energy being mad, and energy is of vital importance in that big a race." Luzier, Brett and Zuroski all cited "fun," "fitness," and the "challenge" among their reasons for running a marathon. All three something was wrong because I started coming up on friends who 1 of the course on which the Olympic Trials were run. Chew, on the other hand, was following a map of what was previously called the Skylon International Marathon. The latter was the route the runners were to According to Zuroski, who turned in a 3:13 clocking in his first marathon, runners wound up taking as many as four different routes. Although Zuroski, along LawSchool to Host World Hunger Conference by John Martin "World Hunger and the Law" will be the topic at a national conference to be held October 19, at UB Law School. The conference will be held in the Moot Court Room and is free to students ($6.50 with the luncheon). The purpose of the conference is to gather legal practitioners and theorists, and experts from other disciplines, to foster the development of legal theories and remedies to reach a solution to world and domestic hunger. The conference promises to be lively; participants chosen represent a diversity of perspectives. The program includes lawyers, law professors, lobbyists, theologians, a Congressman, a physician and a bureaucrat. Gayle Eagan, a 1985 graduate of UB Law School, organized the conference. It grew out of a study she did for an InternationalHuman Rights course for which she wrote an article entitled "The Right to Food as a Human Right." The article was published last spring by In The Public Interest The conference is sponsored by the International Law Society, the Graduate Group on Human Rights Law and Policy, the Erie County Bar Association, The Baldy Center for Law and Social Policy, and the Women Lawyers of Western New York. For further information, contact Carol Ho Rezvani at 636-2060. PROGRAM: 8:30 REGISTRATION 11:30 PANEL DISCUSSION: 3:00 REMEDIES: US Food Policy How Can It Hunger Can Be Erradicated Change for the Better? Pierre E. Bergeron, Esq. Hon. Benjamin A. Gilman Public Interest Lawyer for US Congressman (NY) Poor and Developing Member House Select Countries & Theologian Committee on Hunger Lucy Billings, Esq. Steven R. Coates Bronx Legal Services Director of Issues Bread for the World 4:00 OPEN FORUM Dr. Michael C. Latham Director of the Program in 5:00 WRAP UP: International Nutrition at Professor Philip Alston Cornell University - Coffee, Danish 9:00 WELCOME: Professor Virginia A. Leary, SUNY at Buffalo Law School DEBATE: Is There a Right to Food? Professor Philip Alston Professor Ellen Paul Social Philosophy & Policy Centerßowling Green State University 10:30 RESPONSE TO THE DEBATE: Julie Chang Bloch Assistant Administrator Bureau for Food for Peace and Voluntary Assistance US Agency for International Development 1:00 LUNCHEON: Keynote Speaker 2:30 DOMESTIC HUNGER: Are tne Hungry always to be witn us? Rev Kenneth Dean Member of the Harvard Physicians' Task Force on Hunger in America - Clinical... school, 1h matters such as nort law student use- of" the law library, congestion on the bridge, use oflaw continued from pg. 3 school classrooms, and even basis was designed when the parking, often conflict with the clinical program was in its New Student Bar Association Convenes for First Time university community at large. experimental stages, Schlegel said that the changes were "a student governments were planning school's newspaper, he reported unique asset of this University, that quite natural evolution" and by Peter Scrlbmr to have a breakfast meeting with that due to a controversial funding our special skills can contribute to adaptation to the growth and University President Steven B. cut by the SBA last spring, two the improvement of general present stability of the clinical The Student Bar Association held Sample on Thursday morning, issues per semester would have to be University life. It will be interesting program. its first meeting of the new year on October 3. Among the law school eliminated. He requested that funds to see if this modest divergence of The Faculty's resolution was Monday, September 30, and concerns that may be brought up at be restored so that The Opinion views, so representative of the partly a response to the prepared the agenda for the new the meeting are the use of the law could publish once every two weeks typical law student's schizoid American Bar Association's year. The group decided to meet school library by non-law students, as in the past. He was advised to relationship to the law school and recent passage of Approval every Monday afternoon at 5:30 paiking, and the long deteriorated present his request to the Finance the University, develops during the Standard 405 (c) which reads in p.m. in the first floor lounge. All O'Brian Hall roof. Committee at its first meeting on year. pertinent part, "The law school In general, while Cohen and should afford to Cohen challenged the new SHA Oct. 10. If approved there, the SBA meetings are open and students are full-time members to come up with ideas of could take the matter up at the Bullard have contrasting faculty members whose primary enthusiastically invited to attend. approaches first of to some of piece The business things SBA can accomplish this meeting scheduled for Monday, the subjects responsibilities are in its SBA will face this year, their professional included preparing to choose the year. Some ideas tossed out as October 14. skills program a common positive attitude will form of security of position heads of the SBA committees this possibilities included a Law School probably result in polite reasonably similar year. That selection process should year book, participation in the to tenure disagreements rather than and perquisites be complete by press time with the search for a new dean, getting provided from pg.l continued "real food" in law school vending confrontations during the to other full time faculty rhoices listed on the mailro.om bulletin board. A TGIT (Thank machines and supporting a book the meetings. Bullard believes that a upcoming year. They both want to members." The wording of the God It's Thu{sday> pany was also :o-op. bit of formality might help SBA encourage student participation in Standard, however, leaves Law school groups that receive earn more respect from the law SBA and the law school community unclear to what planned for Thursday, October 3 at extent the ABA as a whole, and both genuinely is now requiring such a change. 5:30 outside A&K on the third funding from the SBA are required school community. floor. It is hoped faculty members by By-law 13 to report to the SBA While Cohen plans to want to correct at least some of the Schlegel noted that the i heir plans and communicate with other university- day-to-day pains faced by students � Faculty's efforts to improve the as well as students will turn- out, twice a year in this enormous institution. position since that tends to increase the accomplishments.. Victor Siclari student government organizations,, of the clinical Undoubtedly their predecessors!, (instructors started even entertainment value of such pdrties. reported for 1 two organizations, she is leery of getting too involved' before in office shared similar ambitions.' the new ABA SBA President Lori Cohen PAD (the legal fraternity) and The in the often flaky activities of SA Accomplishing standard. "It's a objectives these frankly fact, like. she In and the good thing for the program and announced that she and the heads Opinion. As. editor-in-ctoiet of. jtht. law admits .that. Ihe. interests .of.the Jaw. remain* a. formidable task. L4 liej wncJutleA et' other* • graduate department Bullard sees the law school as a Elections... ' .. , -on. .. . l . • . �II ■■■■■■-■ out V2^our 550 I *" .he last down m J ■ dav ,or \A m 111 * 1 Any questions, please contact the following: I H I H 111 ■ eV,eV,' t THIRD YEAR REPS Nancy Barshter Susan Berkow Jessica Braginsky Lori Cohen Bill Daly Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco < Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace ' Cathy Papas Gina Peca . Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Pau, KarP , Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacappruccia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder Sam Spiritos Larry Spicazzi Evan Shapiro Colleen Rogers Tina Simpson �Start with a Solid Foundation... Blueprint for Success \ THEJOSEPHSON/KLUWER FLEX COURSE The most educationally advanced Bar Review Course ever developed offers you the most comprehensive course in the state or the shortest and most concise. Contact your Josephson/Kluwer campus representative. . . Josephson/Kluwer Eastern Regional Office 10 East 21st St.. Suites 1206 7 New York. NY 10010 (212)505-2060 Outside NY (800) 253-3456 / / HHLv ■ ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/776ebaa3d739f429fcbc573646aa8bd9.pdf 620bddd6084724ffecdd55d850f74138 PDF Text Text Law Students Granted Private Parking by Victor R. Siclari In an unprecedented action, the State University of New York Board ofTrustees voted 5-4 on Tuesday, September 29, to designate for the exclusive use of law school students the new parking lot located in front of O'BrianHall and adjacent to the new Social Science Building. According to UB President Steven B. Sample, the trustees had been considering this action for several months but did not want to disclose it to the university community. "They feared that if the undergraduate students became aware of this plan, there would be protests and rallies in Founder's Plaza and possibly even occupation of the State Capitol in Albany," said Sample. Sample also said that there was not any cohesion on the issue. "The board of trustees was undecided on what action to take up until the last minute," said Sample. "The slim majority shows that the vote could have gone either way. For this reason, the board did not want any undue prejudicial weight to influence their votes." The trustees, however, left enforcement in the hands of the law students. In response to this grant of authority, the SBA formed a Parking Committee to ensure that the lot will be utilized only by law students. The committee is soliciting volunteers to guard the entrance for one hour time slots on a rotational basis. The committee estimated that if there is a 24-hour guard, seven days a week, that would total to 168 time slots each week. Thus, if each law student serves one hour in rotation and there are over 840 law students, then each student would have to guard one hour once every five weeks. Committee Parking pointed out, however, that realistically the parking lot would not have to be guarded twenty-four hours a day, so each student would have to guard only twice a semester. Any student who does not want to serve guard duty would be foreclosed from parking in the The lot. When John Henry Schlegel, acting dean of UB Law School, was asked his opinion on the trustee's decision, he replied, "I think it is great for the students, especially the idea of having the students having a self-executing body of government. But what about the law school administration and faculty? Don't they deserve designated parking spaces also?" Schlegel further expressed his disappointment, saying, "Hell, there are ways around this, you know. We have professors who teach Legislation. Law in Context and Judicial/Conjstruction. It is their job to deal with issues like this—to determine the intent of legislative bodies." When Schlegel was questioned as to what he meant by this, he responded, "Professors are always doing research. And the administrators around here are learning something new every day. Thus, professors and administrators are includable in the category of students. So, since I'm a professor and an administrator, I'm also a student. Ergo, I get to park in the parking lot." Schlegel then let out a bel- low and walked away, amused at himself. A colleague, who was listening to Schlegel's remarks, was asked his feelings about the action of the trustees. The reply was, "Who do those conservative capitalists think they are? Supreme Court justices? I don't care what they say, I'm going to park in that lot. Let them charge me with a parking violation. I'll have my attorney take care of that, too." Law students, on the other hand, were receiving the news with more enthusiasm. SBA President Lori Cohen seemed to sum up the students' feelings when she said, "We pay more tuition and carry heavier, more expensive books than the undergrads. Why shouldn't we get some perks." When one law student was questioned as to whetherhe felt it fair that the parking lot is reserved exclusively for the students while the faculty has to carry heavy textbooks and compete with the undergraduate students for parking, he said, "Believe me, the way some of the professors teach around here, I question whether they ever use books, let alone carry them. And some are so spacy, they can float to their cars." Another student attacked the action as a ploy of appeasement. She said, "The trustees think that by giving us a parking lot, we are going to forgive and forget that O'Brian's roof has leaked for the last five years. Or the fact that the under- graduates run amock in our library .|Or about all the traffic in O'Brian Hall. Or the way those introductory math classes take over our Moot Court Room. Well it just ain't so. Just because they grant us one right (and this is a right, not a privilege), doesn't mean they can violate all of our other rights." Those students who wish to reserve a space in the new parking lot must first sign up for a time slot to guard on the sheet posted on the door of the SBA office, 101 O'Brian Hall. Parking spaces will be alloted on a firstcome, first-serve basis. THE OPINION Vol. 26 No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 30. 1985 NewLaw School Dean Finally Chosen by Jeff H. Stern Faculty reaction to the selecThe search for a new law tion of the clone as law school school dean came to a dramatic dean was one of nearly unaniconclusion last week when mous approval. "The clone is by Search Committee Chairman Joseph Alutto revealed that a genetically engineered clone of former Dean Thomas E. Headrick has been selected as dean. This clone, which has been dubbed "Dean Headrick II," is expected to be on the job "by November Ist," pending final approval by University President Steven B. Sample. "The Committee basically decided that the only candidate who could fit what the Faculty Clone addresses faculty after being named Dean was looking for would be a dufar a better dresser than some Headrick," Alutto plicate of of those clowns the Committee said. "Cloning Tom was the obinterviewed here last semesvious solution." Alutto said that although the ter," Professor Charles Carr said. "One of those dudes had plan to reproduce Headrick had the bad taste to show up for his been conceptualized "almost in a polyester suit, interview after the former immediately" and another even neglected to dean announced his intention to resign, it was kept "strictly pin a fresh rose to his lapel," Carr exclaimed. under wraps" until UB genetiProfessor Alan Freeman and certain project were the cists would be a success. In the Betty Mensch were visibly pleased with the Committee's meantime, the Committee had decision to appoint a replica of to "maintain at least a Headrick to the deanship. "The utilizing of more semblance clone, like the original Headrick, traditional methods" of replacwill allow us to jointly teach ing a resigning dean. Initially, the scientists at UB whatever we want," they said in unison, noting that they alSchool of Medicine experiready have been given permisenced a number of serious setbacks which nearly led them to sion by the clone to teach a abort the cloning operation, course called "Furniture (and Alutto explained. The major the law)" next semester. "Only breakthrough occurred last a very open-minded and policy oriented dean like the clone month when researchers discovered that it would be possible would recognize that furniture to successfully clone Headrick of all kinds have legally and morally cognizable rights, just using cells taken from the sursynformer nose. like people," they of the dean's face . questions concerning the propriety of man's discretionary use chronized. Professor Lee Albert, how- ever, expressed reservations about the practice of cloning. "From the vantage point of medical technology and genetic engineering, the cloning of Dean Headrick is a truly asand tounding remarkable achievement as the notion of cloning was at one time regarded in medical and scientific circles as a rather ludicrously farfetched one, however, notwithstanding the success, the University, in deciding to clone a former dean and appoint that clone to the position previously occupied by its progenitor, sets a rather odd and dangerous of his medical and scientific ex- pertise to alter the course of natural creation, not to mention of course the ominous specter of tyrannical leaders ordering themselves cloned in an effort to perpetually remain in power," Albert rambled while doodling over his shoulder on Schlegel: Volga Boat Songlyrics elusive precedent of, if you will, "playing God," as it were, which in and of itself raises some rather disturbing ethical and moral a chalkboard. Acting Dean Schlegel expressed relief when he heard the news that the cloning project was a success. "Now that I will be relieved of my duties as Acting Dean, I can concentrate on being Acting Professor," continued on page 15 Joyce Extends Sabbatical by disclosing the truth to the stu-/ dents, the administration has been maintaining that Professor Joyce is on sabbatical in Albany revising New York's wills and trust code. Victor R. Siclari It has just been disclosed to The Opinion that Law Professor Kenneth Joyce, who teaches courses in taxation and gratuitous transfers, is being held captive by a terrorist group. The subversive group. Require Expedient Grading System (REGS), will not release Professor Joyce until the UB Law School administration requires all professors to grade examinations within one monthof the test date. REGS decided to kidnap Professor Joyce and hold him hostage when President Reagan made his new Tax Simplification proposal to Congress. REGS believed that if they did not act promptly to ensure that Joyce's tax exams were !*<*> ( rrdils: VictorSfcferf Joyce: Held captive. graded, the administration would allow Joyce to forget about ever grading the exams because the answers would be moot under the new tax code. Apparently, the UB Law Schooladministration has been aware of this hostage situation from its inception but has been surpressing the information from the students. Instead of The administration has done so with the hopes that the hostage situation would be resolved in its favor before the fall semester began. However, the administration miscalculated Reagan's ability to have Congress swiftly pass the new tax code. In an unexpected turn of events. Congress reacted unfavorably to Reagan's tax proposal and forestalled its enact- ment. REGS were able to ride on the coattails of the Congressional continued on page 2 �CunningLaw Professor is Two People by T. Burvid An amazing, chameleon-like master of disguise has been holding two jobs at the UB Law School, pretending to be two different people. Cleaning woman Beulah "Sudsy" Howard revealed today that she has been hired on numerous occasions by a Mr. Freeman Mensch to imitate law professor Elizabeth Mensch, when she and the chameleon's alter ego, Al Freeman, have to appear in the same place at the same time. A discontented Beulah explained: "I get paid minimum wage to make these appearances, and that phony gets to collect two salaries." Students first began to suspect that Freeman and Mensch were one and the same person when they spotted him sneaking into the ladies room carrying a wig, a dress, a pair ofknee socks, and a large pillow. Noted one student, "Sometimes in our Animals and theLaw seminar, if they appeared together, Mensch would be strangely silent, carrying her books in a bucket. Other times, Al would go to the bathroom, and several seconds later, Betty would show up and vice versa. Often his beard would be crooked, or 'he would forget to put the pillow designed to simulate Betty's pregnancy in the wrong ringmaster, as well as all the acts. Then he decided to become a law professor, or rather two professors, and applied for the jobs at ÜB. Since the law school was interested in inter- Irtimim in his circus days place." Freeman Mensch explained that he first got the idea when he operated a one-man travelling circus in the Deep South. He was able to play the disciplinary scholars, he was hired because of his circus experience, not because of any legal training (although it is rumored that he once attended hairdressing school as three people, cleaning up in financial aid.) Said the professor, "The way I see it, even holding two law professorships does not result in a forty hour work week. Also, get numerous tax advantages." Freeman Mensch said that he doesn't mind if his charade becomes public, because now both professors are tenured and cannot get fired even though they voted for I each other. Calling himself a nutty professor, he said that he has no intentionof ending the charade. "I enjoy cross-dressing immensely, and this way I can get paid for it to boot." He explained that he was able to continue the game for so long because he kept devising more convincing costumes. Joint seminars were perfect for throwing people off the track, and the presence of both proaccomplished fessors was through the use of mirrors. Then they moved to a room where they couldn't use the mirrors, so they had to recruit Ms. Howard, who reasoned, "If the cheapskate had given me a bigger cut, I would have played her forever. In fact, I've always been interested in Animals and the Law." explained Mensch that Betty's pregnancy was a last ditch effort to convince the community thathe was two different people. "I should have used a better pillow," he said shaking his head. Law School Dean Schlegel condemned the practice on the grounds of basic fairness. "What's to stop me from donning a backless dress and a wig and becoming a high-priced fashion model, while remaining here as dean? Why shouldn't I be able to be a plumber, a nun, or a football player, if my time is the only limitation? Why? Because it's morally wrong for someone to be two people when others are having a hard enough time being one. There just isn't enough work for greedy people like that." However, enquiring minds should ask themselves if they're ever seen Schlegel and Cleo together? Law School UnderAttack by Unknown Invaders by C. Telford Amid previously suspicious rumblings, a huge tunnel-like aperture has suddenly appeared in the basement of O'Brian Hall. Although no Once again, University maintenance was able to stem the tide of this possible invasion, but one must wonder how long these brave efforts can continue on the part of maintenance personnel. In the past, the appearance of unexplained holes and openings throughout O'Brian had fatalities have as yet been re- ported in connection with this as yet unexplained opening, last week the entire freshman class of the law school was reported as missing. Coincidently, it is these unfortunate individuals who frequent the O'Brian basement area to get to their lockers. In previous years, other unexplained apertures have mysteriously appeared in numerous locations throughout the law school building. Until recently, the roof of O'Brian was a virtual moon-scape due to its many crater-like openings. Fortunately, an emergency crew been Suspniirmlurrrmiuhl sunning on nnif. was dispatched by University the 1984 winter break, while maintenance to remedy this most students were thought to horrifying and possibly dangerbe conveniently on vacation or ous situation. otherwise disposed of, another In addition, the law library opening mysteriously aphas not been without its unpeared in one of the walls on the second floor of the library. explained occurrences. During Leave of Tax Professor Extended i-imlinuetl from pane I discontent towards Reagan's new tax proposal and convinced Professor Joyce to grade his Tax I exams by reasoning that the answers to the tax exam will not be moot as long as Reagan's tax proposal is not passed by Congress. REGS then made Joyce's Tax I grades available to the students last month in attempt to put further pressure on the administration to concede to their demand. This has caused fear in the UB Law School administration that REGS will be able to coerce Joyce to also grade his Federal Taxation II exams within the very near future. If REGS is able to succeed in this endeavor, the administration is afraid that REGS will be able to instill fear in all the law professors that they also will be held captive if they do not timely grade their course exams. And if that happens, there will be conformity H. Schlegel. When asked how he planned to handle the situation, Schlegel argued arduously for the freedom of the professors to be individualistic. "Every professor has a right to perform his or her teaching duties in the way he or she feels would be most productive. If that means that the. professor dislikes grading exams, well, then this institution will not force the professor to grade them," sard Schlegel. Schle,gel added, "The purpose of the Buffalo Model is to provide an outlet for critical legal analyses. I personally will not permit a teacher's freedom of expression to be inhibited by forcing him or her to grade exams. If REGS wants timely grades, let them pay a private institution for this privilege." On the other hand, law students voiced their discontent about the way professors are given too much leeway at UB Law School, whereas in other institutions professors have their pay withheld until they submit the late course grades. One student who is currently taking Corporate Taxation was in the law school, thus posing a serious threat to the Buffalo Model. When The Opinion became aware of the hostage situation, it confronted Acting Dean John concerned about the conseOpinion October 30, 1985 2 quences if he failed Tax II with Professor Joyce. The student said, "It's like I'm a Monopoly game piece in which the faculty and administration are the players. Does this mean I don't pass 'Go'? Do I go directly to 'jail'? Or is it like I have a "Get Out of Jail Free card?" Another student said every time he interviews with a prospective employer, look at him in disbelief when he tells the interviewer that he hasn't received his tax grades from last year. "They inevitably think I got an "F" in my tax course and I whited-out the grade on my transcript," he said. "It's about time something is being done to correct this situation." Other students were not so pleased at the hostage situa- "I know I failed Tax," said one student. "I don't ever want my exam to be graded. I was hoping everyone would just forget about the grade and let me graduate without it." The terrorist group has asked that anyone interested in supporting their cause to call their hotline at 1-800-TAX-REGS, that is 1-800-829-7347. tion. shrouded in mystery. More recently however, these bold hole drillers have moved their operations into public view with their attempt to invade the spine with a huge second floor aperture. For now, this new invasion corridor remains boarded and appears to be secure, but who knows what unspeakable horrorslie beyond this new, and unexplained O'Brian penetration. As of now, no credible explanation has been given to this reporter for the appearance of the numerous holes throughout O'Brian. One administrator who spoke on the condition that he not be identified, commented, "The mole-man from outer space theory has been kicking around here for years. Who knows what abominations of nature inhabited this former swamp land' before the con- struction of the law school." This source went on to state, "I've never seen any giant moles or even mice, but there are definitely some suspicous creatures hanging around the law school building at night." University officials have promised to investigate this unexplained hole phenomenom. As one source put it, "Something has to be done soon; this whole place is starting to look like a giant chunk of swiss cheese." Comics By Chapus �THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW V01.26 No. 4 October 30. 1985 Professors Debate Over World Hunger Solutions by Lisa Patumbo On Saturday, October 19, a symposium on World Hunger and the Law was held at SUNY used the recent death of Mr. Leon Klinghoffer as an analogy. "His death was an offense to the values we all have", said Professor Alston. "Why don't we feel the same moral outrage towards the fact that some 500 million people are starving in Buffalo. The conference was a student-organized program, sponsored by the International Law Society, the Graduate Group on Human Rights Law and Policy, the Erie County Bar Association, The Baldy Center for Law and Social Policy, and Women Lawyers of New York. The conference began with a debate on whether a right to food exists. Speaking in favor of the right to food, Professor Philip Alston for the Fletcher School of Law and Diplomay the world today?" Professor Alston attributes this to a degree or feeling of helplessness, and that people tend not to characterize hunger problems as political problems. "Hunger is a matter of choices. We have chosen to sanction a social system which allows hunger to exist." Professor Alston the study of famine by an historian who concluded thatfamine is a man-made event which centers not around a question of inadequate amounts of food, but rather around a lack of access to food. In legal terms Professor Alston noted that human rights are recognized when there is a political feeling where non-recognition is intolerable. Those rights have to be recognized and entrenched in some way. "Hunger is asking for a human rights response, and the mere recognition of the right to food has major significance", sais Alston. explored Professor Ellen Paul debated Professor Alston. She is Research Director of the Social Philosophy and Policy Center in Bowling Green, Ohio. She characterized herself as a "political philosopher." Ms. Paul's approach examined the real world i.e., and then first, practice examined the theoretical'"ap- proaches to world hunger. According to Ms. Paul, if a theory has bad consequences in its application then the theory is bad. Her case studies examined the United States, the Soviet Union, Eastern Europe, China and various African Nations. By analyzing the agricultural sys- terns of these nations, Ms. Paul concluded that "the closer a country is to a centrally-planned economy, the closer we get to starvation; the closer a country is to a pure market economy, food allocation is the best." Ms. Paul considered the right to food as "furious" because it negates other men's rights, and it ignores Man's nature and his motivating principles. Ms. Paul responded to a question from the audience that, apart from an economic approach to world hunger, the hunger issue presently is an issue of charity not justice. lontinueil on put>i' 7 Moot Court Mix: First Amendment and AIDS by Peter Scribner Over sixty teams of two students each are participating in this year's Charles S. Desmond Moot Court Competition. Final briefs from each team were handed in last Friday, Oct. 25. The brief writing exercise is the The questions presented by the problem are: 1) Is the reporter's source of information privileged by the First Amendment of the Constitution? 2) Does the reporter have standing to challenge the constitutionality of the sodomy statute? 3) Is the sodomy statute constitutional?, ,,, first half of the Moot Court Competition. Oral arguments commence Nov. 4. The 1985 problem involves the first amendment rights of news reporters and the constitutionality of sodomy statutes. "Dale Hastings" a reporter for the "Liberty Guardian" (a daily newspaper located in the state of "Huxley") received confidential information about the presence of a large number of homosexuals on the local police force. The reporter refuses to reveal in court the source of his information, claiming a reporter's right to his confidential protect sources. He also refuses to disclose the actual names of police officers mentioned in his articles, since they would be sub- The Huxley statute is worded like the New York statute declared unconstitutional by the Court of Appeals in People v. Onofre, 434 N.Y.S.2d 947 <1980). * The preliminary oral argument rounds will take place over a three night period begining Monday, Nov. 4. Rooms have been reserved in O'Brian, Bell, Clements, Baldy, and even Fronczak Halls to stage the arguments. Panels of three to five local attorneys and judges will act as the United States Supreme Court in hearing the arguments. Over 400 volunteer attorneys alumni. Each team will argue a total of three times (once each night), and will argue a position opposite to that which they took in their brief at least once. Participants will be rated by the panel individually, and will be scored depending on the effectiveness of their advocacy, not on whether the panelist agrees with the legal position advocated. The two opposing teams will split an hour of "court time" to make their presentation. Other students will act as court clerks and keep time. Afterwards, the panelist will score the participants, and may offer comments on the process. There will be two rounds of arguments on each night of the preliminaries, one beginning at 7:00 p.m. and the second beginning at 9:00 line and criminal prosecution due to their gay activities. are needed to staff these panels. Most have participated in the Desmond Competition before and many are UB p.m. Visitors are welcomed. After the final round of prelininary arguments on Wednesday night, Nov. 6, all participants repair to the Scotch and Sirloin for serious relaxation while the Moot Court Board tabulates the last scores. At that by Peter Scribner must go before the Finance Statement jected to departmental discip time, the eight teams who will go on to the quarter finals will be designated. Winning scores are based 40% on the the team's brief and 60% on the results of the oral arguments. The team pairing for the elimination rounds is traditionally done by a seeding system, similar to a tennis match. First year students who may be interested in participating in the Desmond next year are especially urged to help out as clerks for the oral argument sessions. Anyone interested in clerking is asked to leave a message in Karen Vance's mailbox (#778). On Thursday night, November 7, the four quarter final rounds take place in O'Brian Hall. The winners (based exclusively on the oral argument score) go on to the semi-finals the next night and the finals on Saturday after- noon. Presiding over the panel of judges in the final round will be Charles S. Desmond, namesake of the competition and former Chief Judge of the New York State Court of Appeals. It is expected that his fellow panelists will include Judge Matthew Jason, currently serving on the Court of Appeals; Michael Dillon, Chief Judge of the Fourth Department Appellate Division of Supreme Court; Delores Denman, another Fourth Department Judge; Michael Telesca, United States District Court Judge in Rochester, and UB Law School acting Dean John Henry Schlegel. The final round is scheduled for Saturday, Nov.9, 2:00 p.m. in the Moot Courtroom. There will be a cocktail party in the faculty lounge following the final round and all in attendance are invited. That same evening, there will be an awards banquet held at the Holiday Inn on Niagara Falls Blvd., sponsored by the UB Law School Alumni Association. There is no admission charge for participants and clerks. At that time, the semi-final and final round awards will be presented, as well as special awards for the top five briefs and oral presentations. SB A Charters Entertainment Law Society Again The Student Bar Association chartered and funded the EntertainmentLaw Society at the October 14th meeting. The Society use to be active up until 1984, but then its charter lapsed. Leslie Schuman, a representative of the Society, came to the SBA meeting and reported thatthere are at least 20 members of the Society this year, and that they are ready to be chartered again. The charter was granted without opposition. Schuman also requested funding of $200 from unallocated funds. The money would go towards securing speakers for the club, subscribirfg to magazines, and office supplies. $200 is a standard initial funding request for student organizations. Normally a request for funding for a student organization Committee. But as of Oct. 14th, SBA still hadn't created a Finance Committee. The SBA therefore considered the request forfunds directly. H.Todd Bullard, SBA Vice-President, questioned the informality of this funding request and approval procedure. While he had no qualms about funding the Entertainment Law Society, he noted that other more controversial groups have requested money from SBA, and that an informal approval procedure at this time might set an improper precedent. President Lori Cohen said that the Society has in fact met all the procedural requirements set up in the SBA Constitution and By-laws. The SBA unanimously approved the funding request contingent upon the Society presenting a proper of Purpose at the next SBA meeting, scheduled for October 28. In other business, the SBA approved $75 to reimburse Danny Figueroa for a trip to a Hispanic Bar Association meeting in New York City in August. $75 is a standard reimbursement figure for trips to meetings and conventions by law students, although Figueroa reported theround trip plane fare for his trip exceeded that amount. Roy Mura requested funding for two receptions to be held after the Mock Criminal trials to be staged Oct. 23 and 24 by Sec- tion I of the first year Criminal Law class. The SBA approved $75, but requested that next year efforts be made to open the mock trial to all first year students. Mura reported that while Professor Ewing of Section I was an enthusiastic supporter of the mock trials, the other first year Criminal Law professors were uninterested. One SBA member reported that there were complaints of too many SBA members being appointed to law school committees. President Cohen noted that in fact more non-SBA members were appointed this year than ever before, and that no SBA members were appointed to the most popular committees. Vice President Bullard brought up his idea of creating Forum, Student-Faculty a where students could meet with faculty members and present ideas about, and complaints with, the way the law school operates. After some discussion, which was generally favorable to the concept, the idea was tabled until the next meeting. The Opinion has learned that SBA Vice President H. Todd Bullard suffered a mild heart attack last week, and was taken to Buffalo General Hospital's Cardiac Care Unit, where he was in satisfactory condition at the time this issue went to press. The Opinion wishes Bullard a complete and speedy recovery. Students can drop off "Get Well" cards for Bullard at the SBA office, Rm. 101,0'Brian Hall, or at The Opinion office, Rm. 724. October 30. 1985 Opinion 3 �Graduate Human Rights Group Meets by Jeff H. Stern The newly created and recog- nized Graduate Group on Human Rights Law and Policy conducted its organizational meeting Wednesday, October 9th, in the Faculty Lounge, O'Brian Hall. The meeting, which was attended by about 40 interested people, featured introductions by the Group's Director, Law Professor Virginia Leary, and Graduate Assistant, third year law student Alberto Benitez, which provided information about the Group and its future plans. Afilm dealing with the impact of United States military involvement in Vietnam and El Salvador in the civilian populations in those nations was shown to introduce some of the issues with which the Group is concerned. Afterwards, wine and refreshments were served, over which several small groups of people discussed their interest in human rights. Leary said that the Graduate Group was created to serve as "a focal point for interest in human rights in the University community." ■ Since human rights issues span various academic disciplines such as political law, science, economics, history and theology, the Group encourages participation from faculty and students from across the University, Leary said. The Group has received fund- ing from the University Administration to conduct lectures, and discussions seminar groups on human rights issues, and to invite guest speakers and show films dealing with various human rights topics. In the coming months, the Group will sponsor discussions on apartheid in South Africa, human rights and nuclear war, theology and human rights, economic development and human the rights, and philisophical considerations concerning basic human needs and necessities. However, the Group's activities will not be purely of an academic nature, Leary emphasized. She said the Group will try to "play an activist role" as well, which includes writing letters to congressmen and utilizing other methods to try to actively further human rights. Most of the hour-long meeting was occupied by the showing of a film dealing with human rights in countries stricken by civil war, such as Viet- nam and El Salvador. The film described an American doc- tor's experience in helping near San Salvador who are routinely subjected to the government's killing ofcivilians in an attempt to eradicate the guerrilla movement in that peasants country. The doctor, Charles Cle- ments, is a Vietnam veteran who was in the Air Force and who later became disenchanted with United States' involvement in Vietnam. At first, Clements believed that he would be defending U.S. interests against a global communist threat, and he did not understand anti-war sentiment. He was a patriotic military mand from a conservative family who believed the government's rhetoric to the effect that "if we don't stop them (communists) over there (Southeast Asia), we'll have to stop them at the Golden Gate Bridge." Once in Vietnam, however, he changed his mind after six months regarding the United States', and his own, role in that country. There, he learned about the true nature of U.S. in- volvement in Southeast Asia. supposedly aimed at killing North Vietnamese soldiers, but which in fact eliminated entire villages, and he himself participated in many of these bombings. He saw the distinction between combatants and civilians break down and he developed a callous attitude toward human life. He came to think about what we were doing in Vietnam when he saw defenseless civilians being killed. As a result, Clements decided in 1970 not to participate in further flying and bombing missions as his "personal protest against the war." He made a personal commitment to nonvolence which later inspired him to help peasants in El Salvador, where he "feared another Vietnam situation was developing." Throughout the film, Clements discussed the harsh realities of U.S. support of the totalitarian Salvadoran regime and intervention in the civil war. It is a country dominated by greedy landowners and lenders, Clement says. The peasants are forced to "either pay 50% of what they produce to landowners and lenders and let and see their land repossessed." Those peasants who try to organize to effect non-violent social change are considered suspicious and subversive and become targets of the rightwing death squads. Clements witnessed numerous government offensives against "terrorist strongholds" which are actually civilian villages suspected of harboring guerrillas. As a result of his experiences in Vietnam and El Salvador, Clements understands the violence against civilian populations living in countries where a U.S. backed government is fighting rebels whose efforts to effect peaceful social change have been thwarted by a government dominated by wealthy capitalists and landowners. This remarkable doctor noted the irony of the fact that while in El Salvador he witnessed daily bombings of villages by the Salvadoran government, carried out by U.S. built A-37 bombers—the same planes he used to fly over Vietnam. Anyone interested in the Graduate Group on Human Rights Law and Policy should contact Alberto Benitez at 636-2549, or Professor Virginia He numerous witnessed "search and destroy" missions their children go hungry, or feed the children another year sion on various legal, devices which can be used when a person is unable to take care of his own personal affairs without assistance, including the power of attorney, agency, conserVatorship and committee. The most common of these devices, the power of attorney, involves a person of sound mind who is capable of understanding the implications of his action signing a statutory form in which he gives away power over various aspects of his life to another appointed person who will act on his behalf. Wilbern advised that because of the implications of talk, a brief recess was taken and sently, there is a bill pending bewas followed by the presentation fore the state legislature, of Mary Engler Roche. Roche adnicknamed the "Death with Dig- Leary at 636-2459. Centerfor Study ofAged Sponsors Workshop by Robert Dinerstein As the proportion of elderly in the American population has grown, more increasingly families have become concerned with how to provide proper care for aged relatives or friends. To the lay person, the legal ramifications of providing care to the el- derly can seem exceptionally complex and confusing. In order to provide more information on this increasingly important subject, the Center for the Study of Aging at the State University at Buffalo sponsored a workshop in conjunction with Caregivers Assistance and Resources for the Elderly's Rela- tives Series (CARERS), which dealt with the legal aspects of caretaking for the elderly. The workshop was held on October 9 at the Jewish Center of Greater Buffalo. The workshop featured presentations by two Buffalo attorneys who have expertise on the various legal aspects of providing care for the aging Beaufort Wilbern from the Legal Services for the Elderly Project, and Mary Engler Roche, an attorney with the law firm of Saperston, Day, Lustig, Gallick, Kirschner and Gaglione. Wilbern gave the first presentation and began with a discus- — Gibson Loses SBA Library Squabble by Peter Scribner relations and attitude toward The Student Bar Association the staff. He stated that he turned down a request by Dean thought he got along very well Ellen Gibson to replace a stuwith the staff members. SBA dent appointed by SBA to the members who had interviewed him for the Library Committee Library Committee.TheSBA inappointment said he had a terviewed students interested in working on Law School comgreed in the interview that somemittees on October 7 & 8, and times he could be "obnoxious appointments were made two and hard to get along with," but that he had many good and indays later. It was at the October 14 SBA meeting that Gibson, novative ideas for improving lithe Director of the Law School brary services. Library, requested that SBA reThe SBA discussed the situaconsider the appointment of tion after Dean Gibson and the one of the four students to the student left the room. It was decided without dissent to affirm Library Committee. Dean Gibson represents the library on the appointment without qualthe committee, whichis chaired ification. It was generally aby Law Professor Lee Albert. greed that the Library Committee Gibson stated that the stuneeded some fresh ideas, that the student appointed to the dent in question had a long hisCommittee wasn't as negative tory of being "abusive" to members of the library staff, as Dean Gibson believed, and, in any case, Gibson would just that he didn't work well with lihave to work with him. It was brary personnel, that he has a "negative attitude" towards the also pointed out that the SBA should review the performance library, and therefore she did not think he would be a producof all committees, and that any tive member of the committee. student appointed to a Law The student was present at School Committee could later the meeting, and disputed Dean be removed by SBA if the apGibson's characterization of his pointment failed to work out. Opinion October 30, 1985 4 granting or accepting a broad power of attorney, it is often advisable to narrow the power of attorney to specific tasks, such as banking. If a person in unable to understand the implications of signing a power of attorney form, a third person may have to petition a court to have a conservator appointed to manage theaffairs of the substantially impaired person. After answering some questions on these protective devices, Wilbern continued her presenta- tion by giving a brief overview of the Medicare and Medicaid programs. She pointed out that since medical care and health insur- dressed certain aspects of estate nity Bill," which would give legal planning which are of special sanction to living wills. The two attorneys then reconcern to the elderly. She started her talk with a discussion sponded to questions from the of recent changes in the estate audience of about 60. The questax and commented that except for tions indicated much confusion, the very wealthy, few people and that people often had been have to worry about the estate misinformed, especially about tax. Roche then explained the the Medicare and Medicaid probasis of the probate process. grams. Both Wilbern and Roche stressed the need for people to Much of the rest of Roche's obtain accurate information, and presentation dealt with the vari- that people who are confused ous aspects of planning to en- should contact an attorney who sure Medicaid eligibility. She re- is familiar with the issues conpeatedly emphasized that the cerning the elderly,. In addition, sooner one plans for the various many social services agencies contingencies involved in estab- provide advice and counseling "To the lay person, the legal ramifications ofproviding care to the elderly can seem exceptionally complex and confusing." lishing Medicaid eligibility, the better. This can become apparent when a person needs to enter a nursing home, but is ineligible for Medicaid because he had transferred property within the last 24 months, in violation of Medicaid eligibility rules. She noted that such problems can often be avoided by proper planning. One of the other topics Roche addressed was the living will, a document by which a person indicates he does not wish to be kept alive by artificial means. Pre- on caretaking for the elderly. Wilbern indicated that her agency, the Legal Services for the Elderly Project, will provide free legal representation on issues of special concern to the elderly to anyone who is 60 or older and a resident of Erie County. CARERS will be conducting other workshops with special interest to older adults in the next few weeks. Anyone interested in finding out more information about these workshops should call Mildred Mezzio at 831-3834. ance are of such major concern to most senior citizens, it is important that they or anyone interested in caring for an aged person be familiar with these programs. Medicare is run by the Social Security Administration and is available to any person who is at least 65 years old or a person who has been disabled for at least two years and is eligible for Social Security benefits. Medicaid is a health insurance BLR program run by the state and county Department ofSocial SerThe following students were sePaul Wessel vices as part of the public assist- lected to the Buffalo Law Review Mfirint Zuffranieri ance system to provide health but their names were omitted in The following transfer stucare to the poor. A person must the announcement printed in the dents were also selected to the have income and resources previous issue of The Opinion: Buffalo Law Review: below a certain level to be eligiBruce W. Hoover Mary Ellen Gunnison ble for Medicaid. Nelson Scott Pierce John Harris At the conclusion of Wilbern's Martha M. Post Michael Reville • Law Review Candidates Inadvertently Omitted �The Public Sector Legal Aid Attorney is Elated Over Job 's Variety by Diane Dean "What really turns me on when I'm trying a case—it sounds awful—but I like the variety, the opportunity to act. Trials are very creative, active, scholarly. I even like running around andserving subpeonas. Except the time someone ran after me with a gun, I didn't like that. I proceeded home, but not without doing 80 through a red light on Richmond Avenue. Phew! I love it! I sure hope the police get here soon! It was very exciting." You can't talk to Carolyn Ballowitz, a 1977 graduate of UB Law School, without noting how often she begins the description of her work at Legal Aid with phrases such as "One of the best parts What I love most. The really great . .. , , thing After spending a year and a half doing criminal trials (she defended her first case two weeks after getting the job at Legal Aid), Ballowitz now acts as a Criminal Appeals attorney for clients referred to the Legal Aid Bureau of Buffalo. "That means we get every good case that comes down," she said. "Once someone is convicted of a felony and is sitting in Attica, they're indigent. They don't have a thousand dollars to retain an attorney." The criminal defense system in Buffalo is set up so that private attorneys are assigned to felony trials and misdemeanor appeals, which are rare. Legal Aid takes misdemeanor trials and felony appeals. Ballowitz speculates that the system is set up to the detriment of defendants. She said, "I think Legal Aid does appeals because nobody else wants to." Most of her clients' cases are tried initially through the assigned counsel program. "The assigned counsel at trial is defi- nitely not getting paid enough to crack the CPL (Criminal Procedure Law)—even if someone could learn it in a weekend," said Ballowitz. "This leaves the pre-trial motion program in a near travesty. It also leaves a gap in representation when the case is lost and a client has to change attorneys between the trial and the appeal. This is a gap, which, in my opinion, is manipulated by the prosecution to the detriment of the de- fendant." Despite criticisms such as this, Ballowitz is convinced that at least the Legal Aid system wofks well. "Legal Aid's contribution is good and it's cer- tainly working. Public defenders, and there are eight or nine of them, take more than 10,000 cases per year fnto city cofitt. They don't short-change\them either. They make all the motions. The only thirig that interferes is when it comes to TLC (tender loving care). We can't butter-up pur clients. Same people really need that, too. We can't fuss and rhop up tears. Sometimes; you'll stay up all night over,motion papers and you don't recognize the faces of your clients when they come in. You know their cases cold, but you don't know them because there's no time for that. people suffer when they're deprived of TLC from their lawyers," said Ballowitz. Some Another characteristic of Legal Aid work, Ballowitz says, is the support the attorneys in the office offer one another. "When someone gets a really big case, like when John Ziegler took the Christopher case, we all shuffled our schedules to let him do that and nothing else for a few months. Some special time was set aside because we knew that with the magnitude of the case, the number of deaths involved, we'd en- counter opposition, very strong opposition, and would therefore have to have a full-time, very thorough job done." Before going to Legal Aid, Ballowitz worked in a small civil litigation firm. Her personal experiences there were very different. "I found, in the firm, that there was a lot of scrambling to get your initials on things. A lot of climbing over other peopJe. One time I remember someone hid the bathroom key from an attorney just to get him nervous—child-like things. At Legal Aid there's really nothing to be concerned with but the work. I guess that's one of the benefits of knowing there's little room school and work hours. "The first year she was in Sqhool 84,1 took the bar exam!" Ballowitz says triumphantly. "I relied on Anna being in school to take the bai* exam. But when I started looking for a job, Alan Carrel (then the Director of Career Placement) told me I was very defensive about my years with Anna. He was very honest and very helpful!" But how do you interview with male lawyers and explain why you don't seem to have been very interested in working, when you really were but thought you'd better not? How do you avoid making it sound like you're making a whole bunch of excuses for yourself? How do you avoid making other women look bad? So I never knew what to say. Alan convinced me that I had to emphasize what I was about to do for the employer and not dwell on the past." "Now that I'm a working at= torney, I think people, at first, tend to attribute any disaster that causes you to leave early and come back to the fact that you're a woman and have children. Recently a man in the office missed work when his father died. No one thought there was anything unusual about that. "Sick child" send up red flags whereas "sick father" does not." "After a while at Legal Aid, though, I could start being myself. When I first got there, people would ask me to go out for drinks and I wouldn't say, "No, I've got to go home and cook dinner". I'd just say, "Well, no. Maybe tomorrow." She says it was like being a "closet woman." Now, Ballowitz says one person going home to cut the grass before it rains and her going home to cook dinner are a part of the working environment. "One of the things about public interest work is that people are pretty good-humored. After a while you can start being yourself." Being yourself also means doing the kind of lawyering you believe in. "We get to create our own professional reality at Legal Aid. One of the perks is that we get to go after constitu- tional issues and we can make a lot of interesting law. Ballowitz has a case nowthat could go to the U.S. Supreme Court. "But attorneys pay their own expenses. We don't feel our office was funded for that." She's also looking forward to arguing her first three cases in the*Court of Appeals in Albany soon. "We get to keep our own cases. You know, if you were at a firm or in the D.A.'s office, once a really good case came in, you'd have~to pass it on to the people at the top, to one of the partners." Appeals work is very different from trial work, though, and it appears that Ballowitz misses the excitement of trial work. "You know research, writing, and oral arguments aren't very active," she says. "But one thing I love about criminal appeals is that you don't come to the bottom of it and find out its dried up, run out, unlike, to my mind, the new Equitable Distribution Law. It looks very excit- ing at first but then you come to the end of it. And when you come to the end of it, you, as I once did, end up in the middle of a driveway. "After completely losing my temper I said to both parties and the other lawyer, "Alright, you guys, shut up! You, take the silver and put it on the left sjde of the driveway. You, take that chair and put it on the right side of the driveway!" And that was how we equitably distributed the property. One does come to the end of the fascination and one's patience." Ballowitz has a lot to say about the legal system. She also reflected on the attitudes that prevail about lawyers in general. "New lawyers need to change the way they view attorneys. It's presented to us that we must admire the tradition of "lawyer as businessman". He's male; he's a jock; he's the best friend anyone could have; he's reliable; he's responsible; he's independent. These are very hard connections to break." "Being a Legal Aid attorney breaks the image because you have no interest in being a businessman, in running a business, or trying to make money or charging anybody anything. There tends to be the assumption that you really didn't have it in you to be quite as independent or responsible or reliable. And that simply isn't true. I thing we're going to have to make that clear." Diane Dean is the Graduate Assistant for Public Interest Public Service Careers in the Career Development Office. for professional advancement. We drive ourselves but the competition isn't there. My experience is that I have only myself to compete with." Ballowitz' family has had an impact on her career. After law school, she took a year off to go to England with her husband, who was on sabbatical from Buffalo State College. She calls the period, "our great, happy, interruption." She returned to the U.S. and had to find an appropriate educational setting for her daughter, Anna, who is handicapped. After staying with Anna in school for two years, Ballowitz and her husband found School 84 for the "The Federalist Initiative" FOOD& CLOTHING DRIVE Federalist Society is planning The Buffalo a food and clothing drive to aid the needy of the downtown Buffalo area. Please begin saving your unwanted clothing and overstock of food. Collection dates and dropoff points will be announced in the upcoming weeks. Handicapped where Anna would not need her mother to provide one-on-one care during By Writ of Mandamus you are summoned to CASEY'S NITE CLUB (421 Kenmore Avenue) to Party on November 7 at 10:00 p.m. A filing fee of $4.00 will guarantee you unlimited bar drinks from 10:00 p.m. to 1:00 a.m., and hors d'oeuvres at 12:00 midnight. During the proceedings, dratwr ings will be made for various prizes. This is the first proceeding of this nature and will be followed by similar proceedings each and every Thursday with drink specials for all Students of Jurisprudence. Your time to Answer expires on November 7, 1985 at 10:00 p.m. 421 Kenmore Avenue October 30, 1985 Opinion 5 �Law School Alumna Juggles Many Jobs by Timothy Burvid If any one person can possibly personify the Buffalo model of legal education, it would have to be Dr. Barbara Howe, who is, simultaneously, a UB Professor of Sociology, Professor of Communication, a Legal Aid attorney and graduate of the UB Law School, an Associate Dean of Social Sciences, and a director of the Law School Alumni Association. Comments former law school Dean Thomas Headrick, "I'm both amazed and pleased with the way in which she has merged her two interests; it says something positive both about her and the law school." Howe, who started teaching here in the Sociology Department in 1974, attended the law school from 1977 until 1980, while continuing her professorial duties. She decided to attend law school for both personal and practical reasons. in grown up Having Washington, DC, "where the major commodity is power," she says that she's always had a fundamental interest in legal issues, and that she's always wanted to attend law school. Her father was the editor of The American Rifleman, the official magazine of the National Rifle Association, and she often accompanied him to the National Press Club, thus receiving an early exposure to the legal and political arena. In those days, however, the NRA wasn't nearly as political as today, she explained. In fact, even John F. Kennedy was a life member. It wasn't until after his assassination and other shooting incidents that the NRA got involved in the political issues and ideologies with which it is synonymous today. Practically, Howe's future in the Sociology Department here was uncertain. "After the UB expansion of the sixties, in the crunch of the seventies, there was a clear message that there were going to be cutbacks, particularly in our department." Thus, she decided to follow through on the desire to go to law school. "Law School was so obvious, both in terms of my interests and the interests of the two departments through the Baldy Center. Indeed, Red Schwartz, a sociologist, had just stopped being perhaps the only non-lawyer law school sponse, the state legislature passed a law which essentially said that the physician's dean in the country, so there was a real tradition of law-so cial science cooperation in the school." Having already done such work as social science consulting in jury selection, "it gave me more flexibility and made sense intellectually," Howe explained. While attending law school, Howe attempted to remain anonymous, that is, "to play the role of a typical first year law student. That meant having my picture taken for seating charts, and even on one occasion having to slip a note underneath the door ofProfessor Spanogle, explaining that I was not prepared for class one day." Be- cause she was teaching full time herself, however, Howe says that she didn't have the chance to "enjoy the sub-culture of being a law student, that is, the part where you sit on those little benches outside the library and talk, and hang out for hours a day, and then, of course, return to your work." She describes herself as a real fan of the law school. While one might expect that an informed Sociology professor AxsiHillle Dean Hwhatu Hour. graduate Sociology seminar she teaches, as well as the subject of a book she is hoping to complete soon. The work, entitled "Medical Professional Models in the Law," combines both areas of -her professional career. "The theory is sociological, and the data are legal," she explained. Concentrating on the medical profession, the book examines different models of the physician-patient relationship and how the law reinforces or restricts various models. Tradi- "Howe attempted to play the role first year law student." would be constantly butting horns with law professors, especially those that integrate social science material into their courses, Howe says that this was not the case at all. "I found most of them to be extremely well informed and thoughtful people," she said, noting that the only experience she had that was slightly negative, was "having to play the role of a first year student for a second year student instructor of research and writing." other than that, she said, "it was to- tally positive." Her identity as a professor was eventualy discovered while at a party where both the Sociology Department and the Law School were represented by faculty. After that, she recalls, "Miss Howe was called on more often, and was expected to have more interesting input into the class discussion." Her seminar papers became far longer than those of other students, often totalling over a hundred pages. One in particular has been the basis for a of a typical tionally, the relationship was one in which the patient was totally submissive to the doctor examples being extreme pediatrics, and the anesthesized patient in surgery, where the patient is totally dependent on the judgment of the physician. There are also models of cooperation between the two, where they are on roughly equal footing. Recently, however, there has been — a consumerist trend where the patient is dominant and the physician is submissive to his wants. "At extreme end of the spectrum," she said, there is Pholo Credits: Haul Hammond the consumerist model, she said that some people might consider Hyatt Legal Services as evidence of such a movement in the legal field. Opening a phone book, she pointed at pages and pages of medical and dental ads, which operate on the assumption that you "as a patient can know enough to know what you want from a doctor, lawyer, etc.," as opposed to the. traditional model which assumed that the patient did not and could riot know enough about this "mysterious body of knowledge." "If you know that you need collagen or chemical face peels, and you're letting your fingers do the walking through the yel- low pages, is this any different than choosing an automobile mechanic?" she asks. Taking consumerism to its logical end, one arrives at a "Milton Fried- man-dereg-economics" model which justifies not having monopoly licensure, and letting the marketplace decide who's services are good and who's aren't. Legally, Howe continued, there is a whole body of cases Elvis wanted. She maintains that the last model is indicative of a recent trend in the professions to deprofessionalize, that is to demystify the profession. Citing and statutes driving wedges into the traditional models. For example, she states, "in informed consent cases, the law would always require a doctor to testify as to what a reasonable patient should know in a surgical procedure, and the jury was required to judge on what a reasonable doctor would have told his patient." Then, in a series of cases in the fifties and sixties, the courts changed the standard from what a doctor believed it was reasonable for a patient to want, to what a reasonable patient himself advertising as a key element of would want to know. In re- the "Elvis Presley model, where the patient totally dominates, and the doctor is totally submissive, and does what he's told for money," referring to the doctor who lost his license be- cause he prescribed anything standard shall be the standard, "overcoming the consumer trend." Citing this as only one example, of how the law operates on sociological trends in the medical profession, Howe pointed at several large boxes full of materials, which, when she gets the time, will eventually become the book. One of the ways in which she hopes to free up some of her time is by discontinuing her work with Legal Aid. Hdwe has done felony appeals work there for several years, having started out as a Public Defender, on a volunteer basis, while on sabbatical in 1981. After that, she says, "I still wanted to be doing some kind of legal work, but Public Defender work was incompatible with academic scheduling; felony appeals work could be done more flexibly, and had more of a schol- arly appeal to it." Soon enough, however, she decided to represent the male defendant in a marital rape case, where he was convicted on appeal from the district attorney's office. The case generated an incredible amount of publicity, and eventually resulted in the Court of Appeals striking down the statute which previously contained a marital exemption to rape, and exceptions to that exemption. Her client was found to fall within the statute, however, and Howe petitioned the U.S. Supreme Court unsuccessfully. "I took the case because when I saw the statute in a living context, I saw it as totally vulnerable," she explained "Because there had been a total marital exemption, and then ex- ceptions to that exemption, whereby some men could be considered not married for thn purpose of being effectively prosecuted by their estranged wives. I found it fascinating sociologically and constructually." I had the choice of whether or not to take the case, she said, and "I've taken a lot of heat from women and women's groups." Howe said that she considers herself a feminist, but feels that "you make decisions about things that bother you, in law, and once you make that deciiimllmtfd on puge UB Law Student Vies for County Legislator by Paul W. Kullman While many aspiring politicians have barely "tested the waters" at age 25, one secondyear law student has already "dove right in." Despite his youthful age, Steve Pigeon is a veteran of the A former political pool. member of the presidential campaign staff of Senator Gary Hart, Pigeon is currently opposing incumbent Robert Meier (R) in the Ninth District race for Erie County Legislator. The Ninth District represents the towns of West Seneca and Orchard Park. Pigeon, currently on leave from the state assembly staff, said he first became involved in politics when he "was seven or eight years old." "I used to help my uncle when he was running for state senator," Pigeon said. "I'd go Opinion October 30. 6 around door-to-door dropping things off at people's houses. He was a favorite uncle and I thought that was what I wanted to do." Since then, Pigeon has worked with New York Lt. Gov. Alfred Delßello, and also served as a special assistant to New York Assemblyman Francis Pordum. Currently vice chairman of the West Seneca Democratic Committee, Pigeon's political portfolio also includes a stint as Erie County delegate to the Democratic National Convention in 1984. Running now as a member of what hecalls the "Financial Reform Party," Pigeon pointed to a previously released press statement indicating he and the party are "committed to eliminating waste and demanding sound financial manage1985 ment in county government." "We're out to enact substantive reforms that force county officials to take better care of our tax dollars," Pigeon said. Pigeon said the Financial Reform Platform supports: • troller Alfreda Slominski as Designating County Comp- the chiefjiscal officer, insur- ing that there is a proper financial check and balance in county government. release of the • Early budget before election day county so the voters can make informed in choices November., •A - ceiling on the county's short-term borrowing. Professional management of • departments, cially at ECMC hospital. reform through beef• Welfare ing welfare fraud investicounty espe- up Krie Cnunly Ixjtislalor ciiiuliiltiie Sieve PiIfeon. gations and more efficient and professional management in the Social Service Department. Because the job of county legislator is only part-time. Pigeon said he will beable to continueto work on his law degree if elected. "I'd have to juggle my schedule to attend legisla- l<l tive meetings, but I've taken some summer courses to ease the load." While declining to give any exact number, Pigeon said political observers characterize his race with Meier as "nip and tuck." Campaigning four to five hours a day, seven days a week since he announced his candidacy on May 22, Pigeon characterized the best part of his experience thus far as "meeting , people." Walking door-to-door, Pigeon said he's learned a lot about people and has picked up a lot of help along the way. "And," he said, "even if I don't win, I've still expanded my horizons." who knows, those horizons could go a long way in keeping him in the political swim of things for years to come. �Environmental Conference Attracts Noted Speakers Environmental Law Society More than 100 people attended Environment '85, the annual fall conference of the New York State Environmental Planning Lobby (EPL). The conference was held at Silver Bay, Lake George, New York, on Friday and Saturday, October 18 and 19. EPL is a statewide, non-profit, tinger, former Democratic Con- by Lisa Strain, non-partisan organization which represents over 75 environmental organizations and thousands of individuals statewide. It is also the state's only full-time environmental lobby. Governor Mario Cuomo was invited to give the keynote luncheon address on Saturday but was unable to attend. He did, however, send a version of his proposed speech on which keynote speaker Richard Ot- . gressman from Westchester County, commented. "I think Mario Cuomo has a long way to go before he can claim to be a national leader in environmental issues," Ottinger said. Ottinger had declined an invitation to head Cuomo's new environmental advisory commission formed earlier this year because Ottinger said he felt Cuomo was not seriously interested in what such a board would say. Cuomo's proposed speech contained no new proposals to deal with the large number of contaminated waters and leaking landfills in New York, but did say Cuomo was considering pushing for a bond act next year to finance the cleanup of hazardous waste sites in order , to bolster the sickly State Superfund which had essen- tially gone broke before the legislature appropriated more funds this session. Ottinger listed a number of proposals that he, as "Governor.for the Day," would carry out. Two of these, he joked, were to extend the Forest Preserve down to the south end of Cortland Park (near New York City), and to turn the highway up Whiteface Mountain into a bike trail. In a more serious vein, Ottinger declared that he would make New York a leader in recycling waste, prohibit the placement of any toxic wastes into New York's streams, require state agencies as well as private corporations to comply with environmental laws, and require the New York Power Authority to make energy conservative, not the poduction of new plants and transmission facilities, its top priority. A numberof workshops were offered at the conference. Among them were ones on the issues of toxic torts (Justice for Victims' of Toxic Substance Exposures), the State Superfund, Wildlife Protection, the Forest Preserve (Wilderness Management in the Adirondack and Catskill Parks) and Solid Waste Management Options. In the opening panel discussion on Saturday, the future of the Environmental Movement was discussed by several representatives of both state agencies and advocate groups. "No one has done more to curb the number of landfills in this state than the current administration" at the Department of Conservation (DEC), said its commisssioner, Henry Williams. "We've already closed over 100 landfills across the state and we have actions pending on 100 more. We are also going to have a statewide solid management plan draftby Christmas," Williams said. John Mylod, Executive Director of the Hudson River Sloop Clearwater, cited the annual health advisory, issued by the Department of Health for the last four years, not to eat more than one meal per week of any fish taken from New York State waters as an indication of the state's worsening water quality. He also gave some words of inspiration: "We are responsible as active environmentalists of DEC to set the policies of the state. I think you should be prepared to step down from your job in 24 hours if you can't stand up to what's being said, and say that it's wrong." Professors Debate World Hunger Solutions (■(wtinut'tt from pttge -* The rebuttal was quite lively, as Professor Alston stated that Ms. Paul made a fundamental assumption that if the right to food were a recognized right, it necessarily would lead to socialism and centrally-planned agricultural systems. Ms. Paul termed Professor Alston's theory as "racial imperialism" because it assumes that people will not be able to produce for themselves. After the initial discussions whether a right to food existed, Ms. Julie Chang Bloch, former AID Administrator, gave her ideas as a practicioner. Ms. Blochs emphasized the implications involved when and if the right to food is determined: who would enforce the right economic one. Hunger, according to Ms. Bloch, is a problem of underdevelopment. Just in case you thought this conference was only based on philosophical it arguments, wasn't. The afternoon speak- ers were mostly practicioners; Representative Benjamin Gilman (U.S. Congressman and member of the House Select Committee on Hunger), Steven R. Cpates (Director of Issues, Bread for the World), Dr. Michael Latham (Director of Program in International Nutrition at Cornell University). This panel approached the practical aspects of ending hunger on both domestic and interna- there consensus before a tally oriented—legislation to legal right can be enforced. Also, hunger is not a political problem but a technical and prevent deforestation, desertization, and to preserve tropical movement?; humanitarian how is responsibility shared in the world community; how should costs be levied? Ms. Bloch stated thatthe right to food requires a transfer of resources, unlike other rights. She concluded that there is no consensus in the international community, and must be that — years because of these forces changes which have not all been for the better. Mr. Coates stressed that citizen action is instrumental in effecting policy change, and the forces of self interest should always be analyzed carefully when positions are urged by any section of the citizenry. Dr. Latham called for a "re- volutionary change in attitudes and policies" in order to end world hunger. He stressed the importance of the environment in "producing" hunger. He pointed out that more dollars are spent in interest rates being paid by developing countries than in aid sent to those same countries. The third panel of speakers were Reverend Kenneth Dean, a member of the Harvard Physician's Task Force on Hunger in America; Pierre E. Bergeron, Public Interest Lawyer for Poor and Developing Countries; and Lucy Billings, from Bronx Legal Services. Reverend Dean pointed out that the concern for hunger in the U.S. had its origins in the civil rights movements because when black children were finally allowed to attend white schools, they were criticized because they looked "wretched". This was due to lack of food. Reverend Dean said that he believed in property rights like Ms. Paul, but that the first piece of property ought to be a piece of bread. From a theological perspective, Reverend Dean views life itself as a gift, therefore, the world by which that life is supported is also a gift. Dean referred to the English ID cuniinuvU on tional levels. Representative Gilman gave data which indicated that the risk of starvation in the world is facing fewer people than last year. Work with domestic and international food programs is a long-term effort that will enable our government to help other governments help themselves. Representative Gilman cited legislation which has been presented in Congress which is aimed at alleviating hunger. It is important to note that such legislation is often environmen- to food if sovereign nations are not willing to give up their sovereignty, regardless of any Steven Coates, a public policy advocate stressed that U.S. food policy is more that U.S. policy on food. The forces of self-interest (trade, finance, military aid) are economic forces which affect U.S. policy on hunger. Many of the policies have changed in the last ten SLOMBA'S & University of Buffalo present LAW SCHOOL NIGHT closing Every Wednesday, 9:00 p.m. • forests. N.Y.S. Trial Lawyers Offer Students Seminar The New York State Trial ' Association has scheduled a seminar entitled "Decisions" to take place at the Holiday Inn, 4600 Genesee Street, near the Buffalo International Airport, on Saturday, November 16, 1985. The seminar provides the practicing lawyer with an update of c,ases and legislation on various topics of the law at a cost of $95. However, law school students interested in trial litigation are encouraged to attend the seminar for only $10 to cover the cost of the materials which will be provided. The program is chaired by Brian Shoot, Esq. of Schneider, Kleinick & Weitz. The lecturers will be Bert Bauman, Esq. of Bauman, Greene & Kunkis; Prof.Richard Farrell of Brooklyn Law School; Lester F. Fetell, Esq. of Fetell 8t Coen; Perry Pazer, Esq. of Pazer & Epstein; and Brian Shoot, Esq. Lawyers The morning session starts at 9:30 a.m. and will cover the topic of new legislation, municipal liability, evidence and construction accidents. At 12:30 p.m., there is a luncheon which students also can attend at a cost of $20. The afternoon session begins at 1:30p.m. and will coverdisclosure and discovery, products liability, medical malpractice, trial practice-parts and 11, miscellaneous procedural (major new cases in pleadings jurisdiction, appeals, I X- dean's office. >flr_jw, i"**^!*? ~* _jf REMEMBER! Tuesday is SUPER BIONIC NIGHT service ofprocess and contribu- tion), and miscellaneous substantitive law ( major new cases in landlord liability, plaintiff's culpable conduct, motor vehicle liability, damages, proximate cause, and negligence). Any student interested in the conference can contact the local chairman, Paul W. Beltz of Paul William Beltz, P.C., Buffalo, at 852-1000, or the law school >A-J * Featuring 50c Bionics (16 oz. Stroh's or Genesee) SLOMBA'S 75 Rodney (near Fillmore & Main) 836-9551 October 30. 1985 Opinion 7 �October 30, 1985 Volume 26 No. 4 Editor-in-Chief: Victor R. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy Production Coordinator: CharlesE. Telford Staff: Dave Chapus, Sue Clerc, Diane Dean, John Lapiana, Jerry O'Connor, Peter Scribner. Contributors: Craig Atlas, Lori Cohen, Robert Dinerstein, William Grieshobef, Jr., Krista Hughes, Roy Mura, Lisa Palumbo, Raul Rodriguez, David M. Rychlik, Lisa Strain, Amy Sullivan. Gi Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every twoweeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo Schoolof Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Faculty Action Is Applauded As reported in the last issue of The Opinion, the Faculty has adopted a measure which will afford present and future clinical legal education instructors greater job security and privileges than they have enjoyed in the past. This change—which is designed to strengthen the clinical program—not only makes a good deal of sense, but is one which the American Bar Association now seems to require of all law schools. Under the old system, clinicians were given one year contracts which were renewable at the end of the term. However, there were no clear standards for contract renewal, and the instructors were neither permitted to share in traditionalFaculty perquisites nor given any governance role in the law school. While this system may have been appropriate for a clinical program in its experimental stages, it is clear that continuing it any longer would have been unfair to the instructors, and would have fostered an atmosphere of resentment among them against the law school Faculty and Administration. The clinical program has grown considerably since it was first introduced ten years ago, and the clinicians' role in the educational process has greatly expanded. Aside from their primary function oftraining students in a variety of professional skills, the clinical instructors are also responsible for administering the first year Research and Writing and Legal Ethics programs and assisting in the teaching of Civil Procedure to first year students. The importance of the Clinical Legal Education Program cannot be underestimated.Whereas traditional law school courses teach students the vital skills of reading and understanding cases and statutes, the clinics prepare students for the nitty gritty of real law practice. Students enrolled in one of the five various clinics learn how to dealwith actual clients and handle actual cases from beginning to end, and gain invaluable courtroom experience. Obviously these are skills which all law students need to master, and those educators who help them do so deserve as much recognition as any law school professor. In light of the above, the Faculty has abandoned the old system of stratification, and has provided for a dual system whereby clinical instructors will be given a choice of either a tenure track position which could eventually lead to a full professorship, or a three year renewable contract. The two alternatives will accommodate the needs of both research and practice oriented clinicians. Those choosing tenure track appointments will be expected to publish regularly, though not as much as ordinarily required for tenure, given the large amount of time and work the instructors must devote to teaching their clinics. Regardless of which option the clinical instructor elects, there will be clear standards for performance review, increased pay and privileges, as well as full vote on the Faculty. The new system will surely strengthen the program by affording the instructors a greater sense of stability and belonging and providing them with the recognition and incentives necessary for maintaining a quality program. Moreover, it will facilitate the furture expansion of the program by providing prospective clinicians with greater inducementsfor joining the Faculty. The Opinion welcomes this positive development, and commends the Faculty for its action. We think the law school is moving in the right direction when practical skills courses are recognized as invaluable components of a legal education. Along those lines, we would also like to see the Lawyering Skills seminar taught on a regular basis, and additional sections of New York Practice offered, so that more students will be able to take that important course in their second year. Currently, students who work as summer law clerks after completing their second year often experience difficulty because they are unfamiliar with the CPLR. We see no reason why enough sections of New York Practice cannot be offered to enablestudents to take thatcourse during theirsecond year. Opinion October 30. 1985 8 President's Corner by Lori Cohen Hello! Victor and I got together to figure out a way to reach more students and came up with the idea of a column, written by myself, discussing the issues facing SBA and anything else you the students should be aware of. Here goes. We have had three meetings to date. All have been productive. The first meeting established the appointments committee. Notices were posted the day following the meeting and sign up sheets were posted on the SBA door (101 O'Brian) and the SBA bulletin board in the mail ' room. (These are the places to check periodically concerning SBA news.) An idea was suggested by Steve Wickmark—put a notice in each mailbox. Our administration, in its efforts to bring the SBA closer to the students, liked this idea and proceeded to arrange the reduction and printing of such a bulletin. Unfortunately, the printing took four days—but for the first time in three years the students were notified, by mailbox, of the faculty/student committees (see list of new committee mem- bers). The appointments committee was made up of the executive board members and 5-7 members of the board. They spent a total of 16V4 hours interviewing 64 candidates in two evenings. Both figures surpass the numbers from other years. The board was very happy with the selections—a great cross section of the student population was achieved. The SBA chartered a new group at its Oct. 14 meeting— the Entertainment Law Society. Anyone interested should contact Leslie Shuman. Other business conducted at that meeting included the idea of a faculty forum. Students should attend and question the faculty and administration on subjects that are bothering them. This is just one in a series of forums the board is hoping to sponsor. There will be a sheet on the SBA door for those students who are interested in helping to set up and publicize these forums. Other issues to face the board in the near future are the possibility of chartering and funding a Jewish Law Students group, a constitutional and by-law modernization, and of course parties! My breakfast with President Sample proved to be nothing more than two hours of frustration—hopefully the board will attempt to work with the law school and University concerning administrations parking and the use of law school facilities. An investigation into the guidelines concerning accreditation of law schools is also in the SBA's future. If you have any problems, don't hestitate to leave a note in my box (597), on the SBA SBA President Lori Cohen. Photo Credits: Victor Siclini door, or in the box of any other board member. Don't hestitate to voice concerns or criticisms. We do represent you as law students. Remember to check the SBA bulletin board in the mail room for pertinent information—our by-laws require that all notices are posted there. In addition, the minutes from the prior meeting and the agenda for the following meeting, are posted there. The sectionof the agenda entitled Amendments are for anything you the students would like to present to the board. Please sign your name and box number after any item you place on the agenda. Thanks for your time. Please don't hesitate to voice your problems —that's the most efficient way to foster our representation ofyou thestudents. Read the notices posted all over school, it only takes a minute, but it's the cheapest and most effective way to reach the largest number of students. Have a great day! LETTERS TO THE EDITOR In the Public Interest To the Editor: We Brett Gilbert's courageous article on the Law Review an organization whose status and selectivity make it difficult to criticize without seeming bitter. We would like to point out, though, that a journal that resembles a collective lawreview exists at ÜB. In the Public Interest is "a collective, democratically controlled organization which would be open to all students who wished to join it." With the support of the faculty and students. In the Public Interest could become ÜB's collective law review. We encourage everyone to note submit seminar papers for publication and to join our staff. Mary Hurley Stephen Balmer — In the Public Interest In thePublic Interest, a review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. Our main source of material has usually been seminar papers by law students, but we are also interested in receiving work by faculty members and law practitioners as well as writing from the perspectives of Please Don't Call On Me, I'll Pass To the editors: An open letter to the faculty. Don't call on me. Leave me alone. If I don't want to answer. If I wanted to answer I would have my hand in the air in that international signal of the volunteer. I would not be feverishly writing notes, frantically searching the text, desperately avoiding eye contact, curling into a fetal ball or otherwise engaging in clearly identifiable signs of student distress. It's not that I can't answer (usually), it's that I'm terrified, 0.X.? I'm here to learn, not to be humiliated. And let's face it, some of you are vicious. You know who you are, and so do we. You think being badgered is good for us, you think that scar tissue is an essential element of an attorney's psyche, you are proud of your degrees from the Dirty Harpy School of Law. Why don't you go ply your trade for an appreciative audience? I'm sure Anmesty International could provide a list of locations. And I hear that the Marines are always looking for a few good men. Others of you have sweet other disciplines. We are looking for well-written and researched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. Manuscripts, labelled with name, box number, and phone number, can be placed in the Center for Public Interest Law box in the third floor mailroom or brought to our office in Room 118. smiles and soft words that promise you'll be gentle. Mom warned me about guys like you. I don't care if you're the Grand Inquisitor or Mr. Rogers, I do not wish to answer. I'm tired of freezing up like a rabbit in the headlights of an oncoming car when somebody with my first name is called on. I'm tired of keeping my head bowed like Mary Queen of Scots waiting for the ax. My friends are tired of calling the Cardiac Care Unit. We would all appreciate it if you would just ignore me. Thank you. Regina V. Ramsay Prisoner Seeks Assistance Dear Gentleperson: As a law student, I recognize the fact that you are diligently at work in school, polishing and developing your legal skills through lectures, books, and the intellectual exchange between yourpeers and professors, and with this, I invariably believe that you will appreciate and realize your efforts in a law career, planned by you, within the feasible future. As a prisoner who is incarcerated, I am really not in a position to enjoy your personal pluses, and without access to these many amenities, I am invariably suffering a big void to accomplish those things that I would like to accomplish. Thus, I hope that you may be able to empathize with my situation. Currently, I am involved with several civiland criminal cases, and I would like to convey a written request to you to seek your assistance. Itmaybe in the form of legal strategy, ideas. continued on page 9 �The Boy Mechanic: Recent SBA Actions Restrict Intellectual Freedom by Kevin O'Shaughnessy Last year the question of whether to fund the Right toLife Party was one of the most controversial issues to face the SBA. After a great deal of argument, emotion and time, the Right to Life Party (despite the fact it had obtained a charter) was denied funding by SBA. SBA's decision was improper. Abortion is an issue we will deal with as lawyers and citizens. Last year it was one of the few topics that rose above the usual apathy and stimulated Thoughts by William Grieshober, Jr. First, let me say that it's not the size of UB that had caused the difficulties I experienced during my first week ofLaw School. On the contrary, my undergraduate work at Perm State had taught me well that the workings of large schools are almost always confusing to the newcomer. However, with four years of undergraduate work behind me, 1 fell 1 wouldn't snow any of the embarrassing symptoms of that diseaseknown as freshmanitis. Was I in for a surprise. student interest. Why not harness this interest? A group with enough concern to get chartered deserves funding. SBA should not suppress that type of energy and then whine about apathy. year's Last decision squashed the chance for an open forum on abortion. I support the Pro Choice Movement, and I welcome the opportunity for debate. My security about my own values allows me to debate the issue without fear of being brainwashed. The Right to Lifers aren't into that anyway. The argument here might be: What's the point? If your mind cannot be changed, there is no point to debate. This is law school, kids; we should learn to structure an argument. Also, I admit that I don't know all the information concerning the issue. Debate between two adversaries is an effective method of learning. Controversy is the essence of law school. Viewed from a favorable perspective, SBA attempted to pro- tect us. If. felt, perhaps, that without an opposing Pro Choice Party, the students would be duped by persuasive Right to Life presentations. If the decision is viewed from an unfavorableperspective, the Party, there would be a Pro Choice Party right now, yours truly being a charter member. Not knowing what the Right to Life Party plans, I hope they try to get funded again this year, and let's make SBA get it right. Some Pro Choice versus Right to Life debates would spice up the semester. If SBA turns them down, they should take some money and start an Apathy Club. How about a Censorship decision comes from a petty, "us against them" mentality. This is outrageous. These selfish political maneuvers, by a dozen or so students, usurped an entire law school's first amendment right. Ironically, if the pro choice forces in the SBA had funded the Right to Life Club? Chapus By The first symptom hit almost immediately. After moving into my dorm room in Governor's complex, I decided to make a trip to the Ellicott complex in order to visit my girlfriend. 1 had been told that all 1 had to do was to wait at the bus stop and a bus would come by to pick me up. So, I waited. And waited. And waited. Finally, after what must have been a year, a bus came over the hill and into view. 1 felt relieved as 1 moved to the curb so that 1 would be able to board the bus quickly, when it stopped on the other side of the street. Suddenly, a chill crept up my spine as I remembered the sadistic bus drivers from Perm State, who used to laugh maniacally at the sight of a student who had arrived at the bus stop justas the bus pulled out. My horror became reality as the Bluebird slowed only slightly at the stop on the otherside of the street. As 1 sprinted across the street, arms waving, 1 imagined I saw the twisted grin of the bus driver, in the mirror of the bus as it slowly turned the corner, bound for Ellicott. The morning ofthe first day ofclasses 1 had almost forgotten the bus incident as 1 happily walked to O'Brian Hall through the dismal haze of a Buffalo morning. My happiness stemmed not only from the expected excitement of attending my first law class, but also from the inward knowledge that because all my classes were in one building, 1 would not fall victim to thefreshmanitis symptom of getting lost trying to find a class. The joy ofthat morning was soon forgotten however, as 1 waited in line for over two hours, only to have some amateur photographer in a Motley Criie T-shirt throw me into a chair and proceed to take my picture. Ofcourse, 1 really shouldn't complain about my ID Photo, with my tongue out and eyes closed: at least 1 wasn't chewing gum. Two weeks later, after mastering the bus system and finding out that I didn't need to walk from Capen to Baldy in the pouring rain, 1 can sit back and enjoy UB in the way it was meant to be enjoyed: averaging a box of wings and a pitcher ofbeer a night at the Wine Cellar, and laughing with my friends aboutwho won today's "Asshole Bingo" contest in Civil Procedure. Prisoner ... continued from page 8 drafting proposed motions and petitions, limited involvement, or direct involvement. However, I would appreciate your congenial assistance because I handle most of my work pro-se. With regards, Michael Hurley Box B (72-B-89) Dannemora. New York 12920 September 22.1985 Comics The S.B.A. Appointments Committee would like to express its thanks to ull those people who interviewed for the various faculty-student committees. The caliber of the interviewees was outstanding, making the selection process very difficult. We urge all those who were not selected for these committees to continue to seek ways in which to get involved and to try again next year. Thanks again for your interest. The selections are as follows: Budget and Program Review Library Committee Sub-Board Margo Bennett. 2nd yr.. #15 Jim McClusky, Ist yr., #692 Belina Anderson, Ist yr, #293 Josh Rosenblum, Ist yr., #485 Robert Boegden. Ist yr.. #317 A—MartPotolsky, Istyr.. #470 Kevin Morabito. Ist yr., #334 Spencer Feldman. 2nd yr.. #78 Academic Policy and Standards Karen Peterson. 3rd yr.. #723 A - John Williams, Ist yr.. #526 Lynß Bayam yf #569 A ~ Murk M«/iih«/i. 2ndyr. .#177 Bernadette 2nd 119 Standing yr.. # Academic Standards and Herward. Ron Brown, 2nd yr., #25 John Martin, 2nd yr., #167 Special Programs Michael Banks. Ist yr.. #297 A — Tony Torres. 3rd yr.. #H3I Kirn Czapiranski, 2nd yr., #226 Eduardo Mejias. 2nd yr.. #172 Elvin Williams, 2nd yr.. #260 Mitchell Lecture M M" ' 2 d vr; # 95 _„ Admissions Committee Joe Jarzembeck, 3rd yr., #661 256 A ~ Alhw T"'"- 2 d > r Dennis Ng, 3rd yr., #716 Taryn Chapman, Ist yr., #329 Kevin Comstock, 2nd yr. #53 Fredericka Sands, Ist yr., #488 Social Co-Chairmen Roman Perez, Ist yr., #465 A—Bruce Montague. 3rd yr.. #705 Howie Spierer, 3rd yr.. #762 Brian Bornstein. 2nd yr.. #18 Mary Powers, 2nd yr.. #198 #237 A - Donna Siwek, 2nd Appointments Ruth Lund, 3rd yr.. #692 Doug Hoffer, Ist yr.. #405 hut do not vote Robin Checkla. 2nd yr.. #39 they committees, unless in fully participate A Alternates A — Roh McCarter. 2ndyr.. #170 permitted. ' "f* , " " " -• ' * yr.. IVflit ()l~J2t| PollCV• A 51,u1c,,, can reMucs, lo ~J4C h,v identity withheld when his/her letter or article is printed. However, il is up lo the discretion hi the editorialboard lo prim anonymous letters. Thestudent should submit the teller or article operation methods of of this in a sealed envelope and indicate the request of anonymity on the oulside of the sealed envelope, In order lo clear up any ambiguity or questions concerning the lunctiun and separate piece of paper his/her name and telephone number in newspaper, the following is ihe statement of our guidelines For discussion ol our policy regarding the However, the student should indicate on a order lo ensure thai the article or letter is submitted in good faith. The envelope will be opened only by the editorial see the September 2.1 issue til The Opinion. I tliioi in i hid or Managing Editor. Articles A* publication are posted al Ihe beginning of each semester in Ihe be Ads should be submitted as early as possible prior lo Ihe deadline for articles. If an ad will he submitted mailroom and on Ihe door of The Opinion's office, room 724 O'Brian Hall. 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Our dales of deadlines, layouts and ,„ • • October 30, 1985 Opinion 9 �... UB Alumna Juggles Many Posts iontinued from page 6 sion, you go forwardand dothe bestyoiTcan." She stresses that she is not an activist or a social reformer, and has consistently denied doing things such as pro bono work for various interests. Eventually, amicus groups in the case were able to get both the marital exemption & exceptions thrown out and, incidentally, theabolishment of the statute's gender distinctions. Howes work in the Department of Communication is in the form of a concurrent appointment as an Associate Professor, as part of Communication's attempt to expand its department, there, she has recently taught a seminar entitled "Communicationand the Law," which she "thoroughly enjoyed," mostly because of a series of events in the media which fell directly into the interests of the course. "Every week, something was going on which directly impacted on the course material," she said, including General Westmoreland's suit against CBS, and Israel Sharon's suit against Time Magazine. In addition to her academic details in a book, because the law changes. The important thing is to learn how to ask the interests and professional activity, she is also an Associate right Dean of Social Sciences for the University, a post she describes bureaucratic. basically as Meanwhile, she is only teaching one course per semester for Sociology, instead of two. As both a sociologist and a UB trained lawyer, Howe is in a unique position to comment on the Buffalo Model, which tries to integrate social science cluded. She described the legal arena as a social system, with the plaintiffs or defendants often being considered or perceiving themselves as interlopers. She has collaborated on an article with Professor Murray Levine (a psychology professor and UB Law graduate) published in "Law and Policy" by the Baldy Center, on the pene- questions," she con- need collagen or chemical "If you know that you , face peels, and you re letting your fingers do the walking through the yellow pages, is this any different from choosing an automobile mechanic?" material and considerations into legal education, and makes no secret of the fact that she "thinks it is great, both as a sociologist and personally." "I understand the criticisms of not training in black letter law, but it's obvious that to inform one's thinking with social science concepts, it can't help but be useful. We always can look something up in a book. To this day, a good lawyer is going to look up the important tration of the social sciences into law. She believes UB Law School to be one of the most integrated law schools in the country. She recalls that at Cornell the law school was literally an enclave. While she sympathizes with the need for law students to have adequate facilities, and admits that ordinarily "a law school is not built welded and melded to the rest of the campus," she thinks thatthere "is no question that the law school is by ranking and reality an outstanding place. "UB is a great resource; sometimes you only know how well you've got it when you look at other places that call them- selves universities," she con- cluded. Professors Debate World Hunger. .. continued from page 7 Poor Laws, a system upon which U.S. legal doctrine derived, as being no different than "social eugenics." According to Dean, today's hunger is different because of the creation of "food dependency." Although the health of a poor person may not deteriorate, the hungry are dependent on outside sources for their food. Pierre Bergeron sees the law with respect to hunger as a source of "leverage." The legal community needs to do some soul searching, and to use the powers given to them to effect change. Assisting non-profit or- ganizations and the use of the contracts to structure relationships between multinational corps and peoples of developing countries are the tools Mr. Bergeron sees as making the difference. Lucy Billings does not see the need for a constitutional right to food. Since statutory rights exist, there is no need for a constitutional right as long as these rights are implemented. The crucial issue to Ms. Billings is the adequacy of the programs for the people who use them, particularly the elderly, children, minorities and culturally different people. She stated that access, eligibility and adequacy must be tailored to these people. The conference was also unique because of the studentorganization. Gayle based Egan, a 1985 graduate was the principal organizer. Special credit must also go to Alberto Benitez, Carol Resvani, Donna Knight, Eleanor Kubiniec and many other students who gave countless hours of their time to help accomplish such a meaningful and rewarding conference. GSEU Seeks Certification Under Taylor Law by Craig Atlas The Graduate Student Employees Union (GSEU) is an orof ganization comprised graduate assistants, teaching assistants, and research assistants throughout the SUNY system. It is currently in the process of seeking certification under the Taylor Law (N.Y. Civil Service Law, section 200 et seq.). Last year, many graduate student employees signed authorization cards, which enabled the GSEU to file a petition for cer- tification with the N.Y. Public Employment Relations Board (PERB). The union is awaiting a decision by an administrative law judge in Albany whether graduate student employees are covered by the Taylor Law, and if so, what is the approp- riate bargaining unit. If the ALJ finds that students have bargaining rights under the law, then an election will be held at which graduate student employees can vote for the GSEU, no union, or possibly another union. According to a newsletter dated September 1, 1985, the GSEU is seeking four things for graduate student employees: higher wages, health benefits, written job descriptions, and the establishment of a grievance procedure. In addition, John Roche and Tim McGreevey, members of the GSEU organizing committee, have expressed an interest in mobilizing grass-roots support for a bill introduced by Rep. Cooper Evans (R-lowe). The bill, H.R. 1994, was drafted in response to audits of graduate student employees by the IRS. It i ': You'll get first hand experience in the from the start. In Uiree years, you could handle more than 3.000 cases in a wide variety of subjects from international to con:rz i TT~~ courtroom .... tracts to criminal law. If you tliink you have what it lakes'to be a Marine Corps Officer and lawyer, udk with die Marine Onps Officer Selection Officer when he visits your cmipus. More than 190.000 Marines could use your service, MI3VC L Mjiivivucuntvoiieolii*. • IyUJUVV CiieiltS #/)/) /l/l/l f i a. ■ ~Js&* iflflggir ! Their*. * < j would amend Section 117(b)(1) of the Internal Revenue Code to clarify the tax status of stipends received by TA's, GA's and RA's. The-bill is currently before the House reported to the U.S. Department of Education the names of 55,000 borrowers who are currently in default on theirstu- dent loans. These defaulters will have their 1985 income tax refunds withheld to offset what they owe. Approximately $120 million is owed by these bor- For more information, contact: LT. JOSEPH T. COOLICAN Officer Selection Office, U.S. Marine Corps (716)846-4911 /4913 10 Opinion October 30, 1985 tion is available. Loan Defaulters Lose Tax Refunds The New York State Higher Education Services Corporation (HESC) has identified and i nielli *<m Ways and Means Committee. Although the GSEU is primarily concerned with representing the interests of graduate student employees, it is also interested in providing all graduate and professional students from different departments with opportunities to meet each other. The GSEU will sponsor a pizza party on the Amherst Campus, which law students will probably be interested in (given their high consumption of free pizza offered by the bar review courses). The great date will be publicized when more informa- rowers. Dr. Dolores Cross, President of HESC, signed an agreement with the U.S. Department of Education on October 4, to forward to the Education Department the names of borrowers who are in default on loans guaranteed by HESC. The Education Department can then submit these names to the Internal Revenue Service for the tax offset. This new collection tool was made possible by the federal Deficit Reduction Act of 1984. The Higher Education Services Corporation will send notices to all borrowers who face the income tax refund offsets, informing them that their names have been reported to the Education Department. If they do not contact the Services Corpo- ration and begin as soon as possible, the Education Department will forward their names to the U.S. Internal Revenue Service and if they have funds coming, they will be applied to their student loans. "Jn notifying the borrowers," says Dr. Cross, "we are doing everything we can to make taking their refunds unnecessary. It is now up to these borrowers to take steps to establish a regular) repayment schedule and begin making payments on their defaulted loans." If the borrowers who have been contacted do not respond to HESC, theirrefunds will be taken. The New York State Higher Education Services Corporation, the State's student financial aid agency, last year provided over $1.4 billion to over 750,000 students in the form of grants, scholarships and loan guarantees. HESC administers one-eighth of all guaranteed student loan dollars and onethird of all need-based State grant dollars nationally. HESC responsibilities also include the dissemination of financial aid information and financial aid research. �Two L. Sec. II Football Team Remains on Top Compiled by Publicity Department-Two L. Sec. 11. After finishing in third place last year in the University Flag Football Championships, Two L. Sec. II has captured last year's form and through five games this season is undefeated. Two L. Sec II vows to bring the University Championship to the Law School. This feat has never been ac- complished in Uβ Intramural history. The following section of player profiles is reprinted from Two L. Sec It's yearbook: BeMan, Tony, 54" 120 lbs. One of the smaller members on the squad, but BeMan has bulked himself up through a rigourous off season weight training. BeMan is a very emotional player and we will' look for him to continue his strong play at defensive back. Bornstein, Brian 59" 157 lbs. Team Captain (although others claim this on their resume) has trained hard in the off season. Bomste.in is still having problerris realizing that this is not tackle, but flag football. Filled in at QB when Resnick not there; reminded some people of the Kilmer years. Formica, John 57" 1 This season Formica lbs. has switched from his royal green GW Jacket to the purple Nyack Rams Jacket. Maybe this is why he is leading the team in sacks. Surprisingly, this year Formica has made all of the Team's curfews; maybe this is due to a change in his personal life. O'Shaughnessy, Kevin 511" 180 lbs. The heart and soul o"f the team, Kevin continues to do the job. Bill Oando taught him well. Fabi, Keith, 510", 170lbs. Anchoring the line, Keith has bulked up well. Keith has come back from an early season shoulder injury. Still working on his stiff arm techniques. Resnick, Richard "Rick" 511" 130 lbs. Resnick has tried to shake some of his "pretty boy" image by giving up blow drying his hair, commercial endorsements, and running out of bounds. He still shys away from a lot of the action by playing deep, deep safety. Resnick is having a fine year at QB. Schecter, Joel 5' 11" 180 lbs. Joel has just come off a rigorous off-season workout problem, dropping over 30 lbs. Schecter always seems to come up with the big catch, and in case you miss it, he will tell you about it. Zickel, Will 511" 180 lbs. In off-season. Will gave up the Batavia Hay Bushels to work with O'Shaughnessy on pools. This seems to have helped Zickel's concentration since in the opening game Zickel was nominated for Budweiser Player of the Week. Herb, Mike sB" 160 lbs. the Newest addition to the team. He has done an excellent job. His only drawback is that he learned his football for O'Shaughnessy. Hoover, Bruce 62" 185 lbs. Has done an excellent job this year. Has shown very good hands, maybe because of a change on his personal life. UB Teacher-Lawyer Establishes Trust Fund An initial $10,000 payment of a $100,000 gift from the Buffalo law firm of Magavern and Magavern to support special teaching and research projects by the UB Law Under terms of the gift, the Magavern Pool, Inc., a not-forprofit corporation, will provide $10,000 a year over a 10-year period Recipients are to be designated by dedicated lawyer-teachers who particularly, but without limitation, served the Law School during its to support special teaching and formative years at considerable research projects in William J. personal sacrifices." Magavern's field of property law. recipients in any given year. The Magavern family has established a four-generation the Law School dean. The fund is viewed by the donor as a means to "attract or retain teachers by to establish the William J. "outstanding members has been Magavern Fellows Fund. supplementing regular salary." received by the Law School. Accordingly, Samuel Magavern At the end of the 10-year period, Samuel D. Magavern, a member Samuel Magavern advised, the-pool advised, the dean may commit all or of the law firm, noted in a letter to will "review the results with a view part of the annual payment from the Law School that the gift is in to continuing the fund at the same the fund to supplement the salary, honor of his father, the late William or increased level." preferably, of a single recipient, but J. Magavern, "and the many other The fund is earmarked to be used with no more than two or three School faculty association with the UB Law School. William J. Magavern (1866-1945) attended classes at Buffalo Law School and taught a course in personal property law at the UB law School before and after World * War I. After serving his law clerkship with the firm of Ford and Ferguson, he began his own practice and became counsel to various major Canadian mining interests. In 1889, he became a member of the law firm then known as Ferguson and Magavern. This firm subsequently became Magavern and Magavern when his son, Willard J. Magavern (1900-1968) entered it. Four members of the Magavern family are currently members of the law firm. In addition to Samuel Magavern, they are William J. Magavern, II and James L. Magavern, sons of Samuel, and Willard J. Magavern, Jr., son of ihe lale Willafd J. Magavern. William J. Magavern HI, son of James Magavern and grandson of Samuel Magavern, currently is a first-year law student at ÜB. ABA Law Student Division Solicits Membership The Law Student Division, with membership in excess of 43,000, is one of 30 Sections and Divisions of the American Bar Association. The ABA is an unincorporated voluntary membership association of at- torneys which boasts more than 300,000 members. The Law Student Division is one of three Divisions; the others are the Young Lawyers Division and the Judicial Ad- ministration Division. Law Student Division members may join any of the twenty-nine Sections and Forum Committees at considerably reduced membership rates. The Sections are de- voted to a particular area of substantive law or of legal concern. Examples of Sections are: Administrative Law, Criminal Justice, Family Law, Economics of Law Practice, General Practice, Labor Law, Litigation, Natural Resources Law and others. There are also Forum Committees such as Sports and Entertainment Law, and Standing Committees such as Environmental Law. Law students may become involved in a section or forum committee by joining and communicating directly with the Chairperson of the sec- tion. The Law Student Division ap- points liaisons to nearly all of the Sections. The liaison communicates Section activities to the Law Student Division and initiates programs within a Section that call for increased student involvement. Liaisons also lobby for recommendations which theLaw Student Division desires.to be ABA approved. The Law Student Division has a bicameral legislature. There is an Assembly composed of the Law Student Division representatives and usually the SBA presidents each having one vote. The Assembly meets once a year at its Annual Meeting, normally convened at the same time and place as the ABA Annual Meeting. The other house is the Board of Governors. The Board of Governors is made up of three national officers, the Chairperson, Vice-Chairperson and Secretary Treasurer, the fifteen Circuity Governors and two Division Delegates. There are also several ex-officio positions. The Board of Governors is authorized to act between Annual Meetings not inconsistently with any action taken by the Assembly. The Board of Governors meets at least three times a year. There are Law Student Division Representatives who represent each law school at the Annual Meetings and continue to represent each law school at the various Circuit meetings. The UB Law School representative is Paul Kor- niczky. Elections for the various offices are held at different times during the year. These positions offer law students an op- portunity to participate directly in the largest student organization in the United States. Contact Paul for more information. PRODUCTION SCHEDULE Layout Publication Date Deadline 11/13 11/7 11/4 11/21 11/18 12/2 p.m. O'Brian at 6:00 Layout will take place in 724 must be typed, double spaced, and placed in the envelope Articles outside The Opinion office, or in Mailbox #754, by noon. Issue 26:5 26:6 BE A PART OF YOUR NEWSPAPER Submit Articles, Commentaries and Letters To The Opinion in Room 724 Or To Mailbox 765, 754, 147 or 590. October 30, 1985 Opinion 11 �Like people, a bar's popularity depends most on that intangible quality known as personality. Its personality is the sum total of its features, not necessarily in proportionate amounts. Just as one might prefer the friendship of an amiable, down to earth, average "joe" to that of a genius millionaire, impeccably dressed in polyester, with less personality than a wet sock; that little hole in thewall where you meet your friends for wings every week probably has more personality to you than a glitzy, expensive place where you know no one and frankly don't care to. In choosing friends, one might decide that one characteristic means more to you than another, or that one far out- weighs another in which the bearer may be deficient. You perform a sub-conscious cal- culus to arrive at a single, overall impression, negative or alive, but also has wider parameters with' which it can positive, taking into account looks, thoughtfulness, intelligence, sense of humor, etc., all relative to your own standards. A bar's popularity also depends on the same type ofcalculus, considering atmosphere, price, clientele, location, decor, and service. As an organic unit, a bar has to have an amount of personality sufficient to keep it make artificial adjustments in Garcia's Crawdaddy's Restaurant 2 Templeton Terrace Downtown Buffalo on the Waterfront 856-9191 Garcia's Irish Pub 74-76 Pearl Street Downtown Buffalo 856-0111 .. nightly specials. "It seems like more of an adult crowd, not quite the meat market some other places are I feel comfortable here," says Mike Breen, Youth Counselor and local writer. Thus, at least for some people, Garcia's is a place to mingle with fellow professionals, usually groups of people from the office, rather than a singles bar. Likewise, law student Trixie (not her real name) says that "After a hard week, I don't go to bars to get picked up I go to drink; and I drink to get drunk." At a typical Friday Happy Hour hundreds of up-and-coming professionals populate the bar, still dressed from the office, unwinding from the week, ... I'lmdt I 'mlils: I'uul Humimmd Madonna lookalikes as at other bars. The Yuppie ideal thrives in such an atmosphere. many patrons Although Features Editor — retary. The "dancing" couple was watched by the gallery of drirtkers above. The scene reminded me of the Roman gladitorial bouts at the Coliseum. Both dancers should have been thrown to the lions or Arthur Murray. The main drawing point of Crawdaddys is the waterfront patio. Despite the smell of motorboat fuel (which was a enjoy describing themselves as Professionals (often, it might as Be well be stamped on their foreheads), plenty of people who are not caught up in the Money-BMW-Gold Card Yuppie triangle enjoy Garcia's. The bar itself is not pretentious, and most people feel comfortable ■there, whether watching a hockey game, håving dinner with a date, or chatting with colleagues. Unfortunately, such bars inevitably attract two spedes of scrupleless and bloodthirsty creatures like kids to mud, the gold-digger (including ambiti- AY Re w ous secretaries) and the pretenders. Unfortunately, the latter category indudes some law students (without Jobs downtown) who (and everyone knows it) have put on their best and only suits just half an hour ago. To be fair, it also includes the souls whose first words are Tm a medical student (or dental or accbunting, etc.)." The good news is that these two types usually wind up babbling to each other, wasting each other's time, leaving more room at the bar for me and Trixie. on complimentary I'lwio I felt like a freak as I stepped into the main bar area of CrawCrawdaddy's daddy's. is I'holn I 'riifits: NEED RESUMES? ACCU-TYPESETTING, INC. 47 Christine Drive • Tn. Amherst. NY 14120 toff SweetHome Rtt between No French t, Tonmvindi Creek fid) About 5 minutes from the Amherst Campus (7 id) 691-7480 • Dependability • Fast Service • Moderate Prices Opinion October 30. 1985 12 "No mercy fora criminal freak in Las Vegas the shark ethic prevails eat the wounded." Hunter S. Thompson, from the book Fear and Loathing in Las Ve^as. hors d'oeuvres served by waitresses dressed like Irish Catholic school girls, and slugging beers at two dollars a crack. With a dress code strictly enforced by courteous, well dressed, young doormen from South Buffalo, and a lack of earshattering music, it's no wonder Garcia's attracts a more sophisticated crowd, more interested in discussing business, making connections and meeting fellow professionals, than playing pool or picking up Quality .. by Kevin O'Shaughnessy by Timothy Burvid No one can dispute the physical characteristics of Garcia's Irish Pub, which is neither a Mexican restaurant nor a small pub. It is big, clean, and relatively classy, containing three bars, two banquet rooms, and a fairly large restaurant, all of which become densely populated on Friday evenings as Buffalo's yuppies hit the happy hours. And, unlike other happy hour bars, it does a brisk trade with weekend partiers, as well as on weeknights, drawing in partrons after Sabres games, theatre events, and for its and especially encourage you participate in this survey. See Timothy Burvid me. CRAWDADDY'S on the Waterfront Irish Pub munching its personality (e.g. changing prices, redecorating, etc.) With this in mind. The Opinion is rejuvenating a feature known as The Bar Review, where field investigators will relate to you their impressions of various bars frequented by law students (or those that should be). Since each bar has a distinct personality, we will be everything from bars where law students can practice parading around in their little lawyer costumes, to loud, rowdy, rock and roll joints where jeans andT-shirts are the order of the day. We welcome any comments or criticisms, Paul Hammond "downtown Buffalo's happy hour hotspot on the waterfront." It may be "on the waterfront" but Marlon Brando would never set foot in the place. They wouldn't let him in without a collar anyway. The morbid beauty of Crawdaddy's is its notion of self-esteem. This bar embodies the shark ethic: an over attempt to banish anything believed to be lower class. Almost everyone when asked why they went to Crawdaddys stated, "Crawdaddy's is a bar with CLASS." Crawdaddy's is not "Slass," it is class conscious. There is an unspoken belief of the patrons: If one dresses, drinks, tips, and thinks "class," one is "class." This theory has never been proven but Crawdaddy's is the theory's central testing laboratory. I began to relax after a few beers. The dance floor (complete with rotating disco ball!) was in a pit four feet below the bar area. A middle-aged lawyer type, actually he danced more like an accountant, was cutting the rug with an overweight sec- I rrdils: Paul Hammond reassuring smell considering the pretentious atmosphere), thepatio is a good place to drink beer (after eight p.m. it's only a buck a bottle) and watch the sun go down on Lake Erie. The yuppies can gaze longingly at the waterfront and condos dream ... to each his own. Yes, "you can have it all" at Craw- daddys. You can even count the Don "Miami Vice" Johnson impersonators (i.e. white sport coat, sunglasses, T-shirt, boat). The highlight of the night was talking to a manager of Crawdaddys. He told me you could change a man's personality by taking him out of his T-shirt and jeans and putting him into a suit and tie. Clothes as social control. George Orwell would be proud. Could this work in state prisons? Get those felons out of those work clothes and into Bill Blass they'd chill right out. .. . , fe Even the sight offree chfcken wings could not change my view of the place. Aβ I watched dozens of yuppies voraciously flesh, animal devouring Thompson's shark ethic crept back Into my head: They were tating the wounded. �W>V THE BUFFALO i -4 i 5 CONfRIBUrORS LECTURE SERIES Hvv* , , , Cla« S+_v+«.tK CHARLES J.D., PH.D. in a lecture airM discuiion of his forhcominq articléio be (telfméfyrhe Buffalo Law^a/iav? PREVÉN/ToVE. fWE /I / J\ // QlA$§ \/ \ *jl)(' | /S / i v _/ 7n 1 V »»£*&' Supreme/ United/States '".f^j "»• heia thé mé of pr?dictions of /"dangerousness"' ]. / V curtaxUng ,-in individual-s _ eventua\ // up- th* basis f or demonstrated librfrty. ' ' ' /,' again Research Ms tlie majferity of predicåipns ousness prove' to be kong. _.Aftfer reviewing tfhih ntydangerresertrch. Professor Ewing exsAines the Couk's reasoniVg in Marti'n and lts i mol icatioiw.. Professor Ewl,ng\argues that the Court reasonmq portertds not only Supreme Coutt approval of preventive de_ention for adult? bilt also state-mandated mtervention in the lives of are merely oredicted N to be "dangerous." V \ / • 'X / vast » H i V di a, I I /'/ f I t — l- \ -___ children\who '/ ' • _ flEveryone / ,/ » * \ Welcome\- ■Oct. V». 30, (985 106 0'6RIAN MALL (law I r AMWER5T CAMPUS I -+V_ _. L**-" - U, _n<<li-, Future Interests W..<7i <(;•<- ytfii eomiitfi to bat, dear? We huven'i mude love for u week. Isn'l ull your Property rcuil. dear? Is the ehunev of u vurumev hleak? \\ You sil mul you skur ul that Utile red hook And you sweur limi our future is sluted To he full and rewurdini> if only we mif-hl *. - .1 "■ -»■■ I'md a lord «ho will suhinfeudule us. I hese iulereils which interest von huve Utile lo do With the rpUeflhuI I hei; from my lover. So enfeoff ull you wunl hut he sure thai quile soon I' II he foreed to (es)cheut with some other. Rox A. Muru — ■ The Pieper seminar is now the "hot" bar review course in New York. Pieper organizes and summarizes the law you need to pass the Exam without bulky, hard-to-read books. John Pieper will guide you through that difficult period, leaving nothing to chance. Does his personal approach work? ask our alumni. Don't take our word — Pieper New York-Multistate Bar Review, Ltd. 90 Willis Avenue, Mineola, New York 11501 Limited Enrollment PIEPER REPS 1987 Zoran Najdoski Walter Ramos Charles Telford Judith Kubiniec Doris Carbonell Maria LoTempio Brian Mahoney John Rowley 1986 Duane Barnes Beasley Ross Lanzafame James McElhbne • (516) 747-4311 _ _, . ; _\ mEarly Registration to December Discount^ 1, 1985 M October 30,1985 Opinion I m 13 �, U ,„, bM>'«"' ! , ,, ° ^rs**" I■ w» "S** WWW* " U<» » "»■"" ■ "« 0««J J I October I■ I I 111 111 m ■ J ■ Any questions, please contact the following: I THIRD YEAR REPS Nancy Barshter , Susan Berkow Jessica Braginsky Lori Cohen Bill Daly 1 Ken Diamond Daniel Figueroa 111 Dan Flynn Rob Galbraith Gary Farrell Matt Fusco Sim Goldman Jay Goldstein Tim Farley Paul Hensley Nancy Krieker Matt Metz Roy Mura Ed Peace •~ Opinion October 30. 1985 14 Cathy Papas Gina Peca Thomas Roach Delano Robinson Mary Pat Robinson Leslie Stroh Gayle Towne Karen Vance Laura Washington SECOND YEAR REPS Karen Buckley H. Todd Bullard Robin Chekla Marcy Cohen Mary Comerford Kevin M. Comstock Keith Fabi Katie Keib Paul Karp Jay Kenigsberg Tammy Gordon Karen Grasberger Sue Kent Jay Lippman Alicia Lacapprucqia Steve Ricca Rick Resnick Patty Robinson Robin Rosenberg Debbie Rosenband Joel Schecter Jennifer Sanders Leslie Schuman Eric Snyder I Sam Spiritos I I Larry Spicazzi Evan Shapiro ... Colleen Rogers Tina Simpson �Test Yourself: Are You a Vile Law Student? The Law Student Involvement Quiz Have you bought the Law School mystique? Take this scientifically formulated test to find out just how much. Tally your yes and no answers and compare with the scale at the end. Good Luck! 1. Is the only time you use Nexus when you're in the shower? 2. Do you still catch yourself thinking that substance is more important than form? 3. If you don't know an answer, do you say "I don't know"? 4. Within the past year, have you fantasized about that you haven't successfully stemmed those crimi- a. meeting Joel Hyatt b. Being Joel Hyatt c. Being Judge Wopner nal tendencies? 6. When in class, do you consider the following important questions? a. Is the reasonable man standard really fair? b. Who is Regina, and why is she in so much trouble? c. Why do all judges have the same first initial? 7. In your spare time, do you 5. Do you stroll through the law school building clutching your very own coffee mug? Does it have your name on it? Does it have someone else's name on it, indicating Star Wars Research in O' Brian Conducted on Law Students tern that the professor takes to class. The student who helped to design the system stated that thedevice is pointed at the class which thereby showers them with charged particles. This, in turn, moves the molecules in their systems at speeds approaching the speed of light. By Einstein's theory, the undisclosed source said, when an object approaches the speed of light, time for that object passes at a slower rate than stationary objects. The immediate concern is to by Seymour Styers Undisclosed sources from the School of Engineering disclosed today that time travel is being experimented with in applying tests Einstein's Theory of Relativity. When pressured for specifics, the source disclosed that the experiments were being conducted in Dianne Avery's labor law class. It appears that Professor Avery was approached last semester by representatives of the Department of'Defense who asked her to use a particle beam type device which is disguised as a small public address sys- determine whether the welfare of the students at UB Law School is in jeopardy. However, .. HEY YOU! Why waste your money on expensive study guides like Emmanuels and Legalines? Why waste precious drinking money on Bar Review courses, when there is an easier and cheaper alternative? Here, now are the "Real" Nutshells of Law "Only diamonds are forever." Contracts Property "Possession is nine tenths of the law." Criminal Law "Crime doesn't pay." Criminal Procedure "Book im, Danno " Family Law "Familiarity breeds contempt." Trial Technique "Never hit the defendant" Appellate Advocacy "The squeaky wheel gets the grease Wills and Estate Planning "Life sucks, then you die, then your relatives sell what they don't want." These are just a few of the concise nutshells available for law courses. Nutshells are also available for otherfieldssuch as Proctology This won't:^;e^bir.ju^Nupl^^pt)yjs^^^^Nwer v CTOSS.the green and" yellow wires. Call before midnight tonight to order yours now. This offer may end without warning! Operators are standing by. —— — — —— —— • •• • •• • • — These Are The Facts a. drink? b. Shepardize Montana Appellate Court decisions? c. Wonder about the bats hanging from the ceiling in Room 106? 8. Have you quoted Judge Car- when asked if there were any adverse effects, oursource said that only two negative effects have been noted. First, the release of charged particles causes excessive heat, thereby explaining the "microwave effect" in the large O'Brian lecture halls. The second effect, he' said, was far more serious. It seems dozo a. seldom? b. often? class "seems to elevator? 10. Have you forgotten your locker combination upon returning from Christmas break? Score yourself! More than 18 yes answers-VLS (vile law student) 14-18 yes answers-not quite vile, but reprehensible 11-13 yes answers-Spending too much time in the mail room. 8-10 yes answers-Normal, Q Train material Less than 8 yes answers-You're only a student; corrective surgery is out of the question. Clone Appointed Dean that because of the time change effect Professor Avery's labor law c. in your sleep? 9. Have you read War and Peace and/or Gone With the Wind while waiting for the last forever." When pressed for just how long the classes were, our source stated, "Well, it depends on just how high the power level is turned up. One class can range from several hours to several hundred years. In fact, if she's not very careful, time could stand completely still." When approached for comment, we were told that Acting Dean John H. Schlegel was not available due to his personal experiments with the charged particle device. He did, however, leave a message that he had "travelled back in time so I could meet myself." Acting Dean Schlegel took with him Professor Janet tindgren since according to Schlegel, "she was familiar with time travel." continued from /ft/jff I Schlegel said. "And besides, as Acting Dean I was having some difficulty memorizing all the words to the Volga Boat Song," he said with a chuckle. Schlegel also noted that cloning could be "the solution to all our problems." He said that he now plans to propose to the Faculty the cloning of absent Professors Joyce and Girth so that "we will be able to offer Gratuitous Transfers and Debtor/Creditor Relations next semester." The possibility of cloning professors also intrigued Professor Al Katz, who said that he would like to be cloned so that "one of me can continue teaching here just in case one of me has to be somewhere else next year." SBA President Lori Cohen said that she would like to be cloned "many, many times." Cohen said that it would be "ideal" if SBA could be entirely composed of Lori Cohens. "Why not? I'm the greatest," Cohen claimed. Acting Dean of Student Affairs and Search Committee Member Steve Wickmark also was pleased with the cloning. "Finally the Faculty has what it always wanted—another Tom Headrick," Wickmark said. "The Committee knew all along that they would never settle for anything less than a Headrick clone." Former Dean Headrick questioned the extent to which the clone will be identical to himself. "UB scientists have assured me that cloning can never precisely duplicate the original," Headrick said. "UB scientists have assured me that cloning can never precisely duplicate the original," the clone agreed. ... LatkO RESUME SPECIAL! FOR STUDENTS & FACULTY H " I! '""'•'">•'"'' '.'i'jV'' ''".':'":''"•'",'''■!""":""':":':l' J PACKAGE OF 50! Includes • TYPESET 1 pg. RESUMES (Bttxll, black Ink) • 50 MATCHING BLANK SHEETS The Cβntral Park Grill SUNDAY Open Mike Anything Goes! MONDAY TUESDAY JAM Players Inner City JAZZ , • 50 MATCHING BLANK ENVELOPES # WEDNESDAY THURSDAY SATURDAY >-10C Wings Shakin' Smith 50c Drafts and his Blues Band $1-00 $3.00 We Rest Our Case. NOW §G>)K9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! — 3 DAY SERVICE SAVE •e00 NOWI expires 12/31/85 Coupon must be presented, 3171 Main Street Buffalo. NY 14214 & South Campuses! Serving North 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. GET 1 FREE WITH THIS AD DRINK BUY 1 Expires 11/13/85 1676 Niagara Falls Blvd. Tonawanda, NY 14150 835-0100 834-7046 October 30. 1985 Opinion 15 �— I LITTLE - I KNOWN TORTS During our years of researching dusty, dank, dingy law libraries and other known (and even some unknown) niches and crannies in search of potentially bizarre bar exam questions that might be sprung on unsuspecting students, we discovered certain "little known torts" that have yet to appear on any exam. As a special student service, we thought it only fair to bring one of these unknown torts out in the open, just in case. _ After a long, arduous journey across the bounding main, wracked with scurvy, beriberi, tikttou* storms and sea I - . serpents, the sailing vessel "Mayflour," complete with company, ship's ijjv . landed safely at Plymouth Rock. • ■■•'■ ■> • ~,.|,» T ITT[ IOKIS #1 *1 KNOWN TODTC LITTLE no, a, .11 in keeping with other ■-.■■.■■■' ■■ *S ■ ■■ ■■ historical records) mayhem broke loose in the form of <■■' Private Peter Pilgrim As Peter Pilgrim was disembarking from the ship, the wet gangway slipped off Plymouth Rock, propelling him over ■ s ■ ;'.„ ■"■» the rock, landing on (and destroying) a festive table, laden with mouth-watering goodies painstakingly prepared _--d by Chief Chuckie Cheez and his tribe. J? /'after reviving Private Peter Pilgrim Chief Chuckie Cheez, (and removing mass quantities of cranberry sauce from his . %yf KP* v nostrils and a drumstick from his left ear) sued Private Peter Pilgrim for damages for destruction of property. Private Peter Pilgrim in turn sued Captain C. Way for \iftlßuU It l|fwßul tlmnvuSuulslslil 111 xMif' negligence for allowing Ban to disembark on the wet gangway. I Captain C. Way in turn sued Far Flung Funships (owners and operators of the "Mayflour") on the grounds that the vessel was equipped with an unsafe gangway. Far Flung Funships then sued Gangway Gratings Ltd. for product liability since the gangway was' 'guaranteed to be **c|jn nrOOf ** ' Gangway Gratings Ltd. sued Chief Chuckie Cheez for negligence for improperly using Plymouth Rock as a disembarking place since it was moss encrusted and was therefore a dangerous mooring facility. '.-.■ \ ■'■■■..-■ ■■ After a long and very vocal trial, Judge N. Jury ruled and -■■■■: yy ■ . : ■'■■ : his verdict is one of the answers listed below. %&£Em So, to add a little enjoyment to the story and in "thanksgiving" of the verdict, if you seed in an answer by November 29,and it matches the Judge's, we'll send you a coupon worth $25 off a Josephson/Kluwer Bar Review Course or Josephson/Kluwer Workshop. mail to your nearest unknown josephson/kluwer office TORTst, luiut NOSTHEIiN CAIIFOiNIA Hyde Street 129 so" Frandsco, ca 94i02 Address Oh, City |4IS] 77^3202 s,ote Low School Z'P Pteose enclose on opplicoton for: n Bar Review Course- State n workshop Multistats Workshoo v Mumstote Rules, Amvnrmua be posknorkxl no loMf Aon Novnnber 29, 1985. the 525.00 coupons will be moiled tothe student upon receipt of correct answer. $25.00 coupons will be honored in ADoiSsued o«, validnvough januo.» 3i. 1986 $25 oo coupons TKDN TO THE fAll WSCCHJNI only il you enroll in Ihe Bor Review Course prio. to i Michigan offce ~" w "' MftttST (3i3t 559 7406 To io^e™, NewYork, |212| the couponis a dscountirom the course priceand NOT a deducbookdeposrfs/down payments. Coupon, ore non fonsleroble No In all coses, Son from required cosh wdWipiton. o»couP »pW -ud«kxu- OT Bc.R W^o,^««rt .woH»hop NY %£? Leocon BoslonMA 02215 knowingly placed the dinner table too close to the "jllintkiju" jjilil Slippery i i6754M MINNESOTA OFFICE 1821 University Aye. 5.137 St. Poul, MN 55104 A U Chief Chuckie Cheez was held liable because he 10010 m-icton Of nrF s *2o r 125 PA "j lOC XTX/ I /J |\ V Answers (check one) □ Private Peter Pilgrim was held liable because he was NEW YOel( OFFICE ,6,7) ONIY Oh, and that's in addition to the current fall discount of w. Jetwson Drvd. TOCK. m C All parties were held to be partially ai fault and ordered t0 sit down at a *•">" tob,e "give thanks" that III) SCriOUS (laiTiagC WaS (JoilC ""» » ailli I() CClcbratC the momentous occasion at least once a year. y 16 Opinion October 30.1M8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a3ac694ec3bc59d2f3965ca36e474952.pdf 03b6c8e4ec67eb0a8088b78b7fdd1d89 PDF Text Text Professor Ewing Lectures on Dangerousness by Krista Hughes Over 60 people attended the first lecture of the Buffalo Law Review Contributors Series on Wednesday, October 30. The talk, entitled "Schall V. Martin: Preventive Detention and .Dangerousness Through the Looking Glass," was given by UB Law Professor Charles Ewing. An article of the same title will be featured in the forthcoming issue ofthe Buffalo Law Review. Professor Ewing has spent the past several years doing research and writing on predictions of dangerousness, research which stems from an interest in violent behaviour. Some earlier work concerned the use of predictions of dangerousness to determine whether to impose the death penalty. His current research steps away from predictions of violence to deal with how the law should treat battered women who kill their tormen- tors. Since these women do not fit the pattern of self-defense killings, Ewing suggests that "there is a need for a theory of psychological self-defense" which could be applied to these cases. He has not decided whetherhis writing will take the form of a book or an article, but he predicts it will be rather controversial. The research which prompted Ewing's law review article, however, deals with the detention of juveniles pending trial and without any proof that actually committed a crime. It is a subject which "bridges the gap" between the Criminal Law and Juvenile Law courses which Professor Ewing teaches. Wednesday night's discussion centered on the Schall v. Martin case, a case which challenged the New York juvenile detention law. That law, section 320.5 (3)(b) cf the New York Family Court Act, provides that ted. The judge needs only to predict "that the juvenile will commit any crime for which the state has established a criminal penalty." Ironically, the judges who make the predictions are making them only about juveniles they "an alleged juvenile delinquent may be detained... in a juvenile detention center before trial, even before a finding of probable cause,.if the judge believes that there is a serious risk that before her next court appearance she will commit any violation of the New York Penal Law." Mr. Ewing points out that the .. Profesxor Charles Ewhix Photo Credit: Paul F. Hummond law is fraught with injustices and ironies, even though juveniles are nowhere granted the same kinds of rights as adults. In New York State a juvenile can be locked up on the mere suspician that he committed a crime. No proof or even probable cause is necessary. There is also no requirement that the crime the juvenile is charged with be a serious one, or that the risk being protected by detaining the juvenile is that a serious crime will be commit- who have committed less serious crimes. Older juveniles, aged 14and 15, who commit the major offenses such as murder, rape or arson, are tried as adults, and for adults there is no pretrial detention law. Thus the only juveniles who will be detained before trial are those either very young or who have committed less serious crimes. As Professor Ewing points out, New York provides for the dentention of status offenders, "Persons. In Need of Supervision" or "PINS," who have committed no crimes at all. While every state has juvenile pretrial detention laws. New York is unique in that ithas "absolutely no safeguards," such as proof beyond a reasonable doubt, built into the statute. One question in particular which concerns Professor Ewing is "Can family court judges, or anyone else, accu- rately predict future criminal conduct or dangerousness?" He answers with a firm and resounding "No!" With the help of various charts which analyze statistical and clinical predictions of dangerousness, Ewing addresses the problem of the reliability of those predictions. In the studies just dealing with juveniles, the number of "False Positives," those predicted to be dangerous but whose behavior proves not dangerous, is as high as 92.6% and never better than 52.1% of those labeled dangerous. On the average two out of every three predictions of dangerousness turn out to be erroneous. It is practically impossible, therefore, for a family court judge with very limited resources, and usually wihtout the benefit of an interview with the juvenile in question, to accurately predict whether or not that juvenile will prove to be dangerous to himself or society before his next court appearance. The courts in Schall v. Martin were provided with many of the same statistics as presented by continued on page 2 THE OPINION V01.26 No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 13.1985 SBA Restores Axed Funds to Opinion's Budget; Rejects Motion to Review Matter One Week Later by Peter Scribner In a dramatic reversal of one of its most controversial deci- sions of last year, the student Bar Association voted on October 28th to reinstate $1,000 of funding to The Opinion. One week later, on November 4th, it was asked to reconsider the matter, but declined to do so. Last Spring, in an extremely controversial and close vote, the SBA reduced the level of funding recommended by its Finance Committees for The Opinion's 1985-86 budget by $1,000 in order to punish the newspaper for its editorial performance. At the October 28th meeting, the SBA reversed that decision and reinstated the full $1,000. One week later. Presi- dent Lori Cohen asked the SBA to reconsider whether it was fiscally sound to reinstate the entire $1,000. The SBA voted against reconsidering the reinstatement. The origins of this compli- cated' and sometimes emotional dispute date back to last year's editions of The Opinion. Some students believed that the newspaper was treating certain issues and individuals unfairly; that the editors slanted the handling of political and social issues to reflect a conservative viewpoint not shared by the majority of law school students; and that an organization funded heavily by student activity fees should be more accountable to the student body. In the Spring 0f'1985, The Opinion, along with all student organizations, submitted its request for funding for the following year to the Finance Committee of SBA, requesting $6,700 for printing costs. The Finance Committee reduced this figure, and recommended that The Opinion be given $6,100 for printing. At the final SBA meeting of the year, all funding recommendations from the Finance Committee for the next year were acted upon. According to the minutes of this meeting (called the "budget meeting"), two SBA members moved that the approved printing allocation for The Opinion be cut by $1,000 "because of their personal attacks on individuals, lack of accountability, liable (sic], large budget, abuse of discretion and lack of representation of the student body. It was agreed by everyone involved that the motion was made to punish The Opinion for its conduct last year, and not due to any suggestion that the recommended allocation was excessive. The incoming Editor-in-Chief, Victor R. Siclari, ganized until after the October 28th SBA meeting. Since the SBA had directly allocated funding for three other entities at its previous meeting, it agreed to consider The Opinion's request directly on Octooer contended that the new edito- Managing Editor Jeff Stern formally requested that the funds be reinstated by reading a five page statement outlining the newspaper's position. According to Stern, "|a] new editorial board is being forced to pay for what the old SBA perceived as the shortcomings of the old editorial board. Plainly this does not make sense. Currently, only one of The Opinon's eight various editors remains All from the previous board of us share a deep commitment to putting out the best possible rial board should not be punished for the sins of the old staff. The motion was passed 10 to 9. Shortly thereafterwards, five SBA directors resigned on the spot in protest of "the censoring of The Opinion." This fall, the editors of The Opinion were determined to seek reinstatement of the cut funds. At the first SBA meeting in September, Siclari was told to take his request for reinstatement of the funds to the Finance Committee. However, The Finance Committee was not or- 28th. ... student newspaper; one which covers the broadest range of Search Committee Invites Candidates The Law School Dean Search Committee has invited three candidates to interview here in the coming weeks. The names of the candidates, their respective positions and the tentative dates of theirinterviews are as follows: Clinical Supervisor and Lecturer November 25,26 Louise Trubek in Law, University ofWisconsin Law School Professor ofLaw, University of Lee Teitlebaum December 3,4 New Mexico Professor of Law, Associate December 10,11 Bill Simon Stanford University Students will have the opportunity to talk to the candidates and are encouraged by the Search Committee to do so. Watch for the exact dates and times of the interviews. ___^_ news and events relevant to our law school and one which provides a forum for a panorama of students viewpoints on various topical and legal issues." Stern indicated the wide range of articles which have appeared in the first two issues and said that the paper plans to continue the diversity in upcoming editions. Stern stated, "The new board believes that SBA and The Opinion must cooperate with each other more than they have in the past.. The bitterness that existed between the two organizations last year was a fruitless waste of time and clearly not in the best interests of the law school. The SBA must realize, however, that it is a vital principle of democracy that a newspaper must be free to comment on and analyze important issues which affect its readers." President Cohen read from the minutes of last year's budget meeting to fill in those who were not present as to how and why the funding cut came about. Siclari stated that The Opinion was only printing every three weeks now rather than every two weeks, and was the case traditionally, due to the funding cutback. He said that with the $1,000 reinstated. The Opinion would produce two more editions this year than had been planned. Several persons present pressed the editors to explain why the full $1,000 was still continued an pane 2 �Prof. Ewing Lectures on Dangerousness ... continued from page Professor Ewing. Given that information, dissenting judges argued thatthe juvenilepretrial detention law violated due process "because it is virtually impossible to predict future criminal conduct with any degree of accuracy." At the Supreme Court level, however, that argument was rejected because. Justice Rehnquist contended,, "From a legal point of view, there is nothing inherently unattainable about a prediction of future dangerousness." Justice Reh nqu ist triedto justify the statute by suggesting that "children are always in some form of custody anyway." The unfairness of the juvenile pretrial detention law can be rationalized, according to the Supreme Court, because it "protects the community from crime and the juvenile from the consequences of her act," and the benefits to society far outweigh the "liberty interest" of juveniles who are "protected" by the law. Professor Ewing foresees dangerous implications, beyond the injustice of the erroneous deprivation of liberty, in a law that says juveniles may be detained "not for what they have done, but what they might do in the future." He likes the scenario to some of the absurdities which are presented to Alice in Lewis Carroll's Through the Looking Glass. At one point Alice is met by the White Queen who expounds upon the joys of "living backwards." The King's Messenger, for example, is "in prison now, being punished; and the trialdoesn't even begin until next Wednesday; and of course the crime comes last of all." Alice questions the fairness of punishing someone for a crime he has not committed, but the Queen reasons that if he never commits the crime, "that would be all the better." Proponents of the juvenile pretrial detention law echo the backwards Queen in their reasoning; they even suggest that detention on the basis of what might happen is not punitive but "regulatory." But the deprivation of freedom based solely on a hunch is punishment. Professor Ewing reviewed some rather disturbing theories on reform for the juvenile justice system. One story, which was proposed to the Nixon administration, would require "mandatory mass screening of all children between 6 and 8 years of age." Those predicted to be dangerous would be sent to camps where they would be reconditioned. "To date," Professor Ewing notes, "no statutes of this sort have been enacted, yet there are clear indications that compulsory intervention in the lives of youngsters predicted to become delinquent is very much on the minds of the legislators. As an illustration of this SBA Restores Opinion's Funds continued from page I needed despite the fact that a couple of months of the school year had already passed. They wanted to know why the reinstated funds shouldn't be reduced pro-rata for the time that has already passed in which The Opinion operated under a reduced budget. Siclari replied that expenses vary throughout the year due to differing sizes of the newspaper, and that the best estimateof the cost of adding two more additions is $1,000. The discussion at the meet- ing followed two slightly different paths. Some members felt strongly that the decision last year to punish the newspaper by cutting its budget was simply wrong, and should be reversed as a matter of principle. Others believed that the previous decision may or may not have been wrong, but it was a fait accompli, and that any new request to increase The Opinion's approved funding should be examined de novo in an new budgetary proceeding. Finally, a motion to reinstate the $1,000 in full was approved 16 to 0, with two abstentions. The money came from unallocated funds, leaving about slloo in that account. As is usually the custom, Cohen, as the chair, did not vote. But during the following week, sheasserted that theSBA has acted too hastily in approving a full reinstatement of the cut funds without considering the actual needs of the newspaper and other potential uses of unallocated SBA money this year. On November 1, she sent a memo to all SBA members stating that "... I wholeheartedly agree with the vote concerning The Opinion—l too think they should print every two weeks instead of every three weeks. Whether it is the place of this year's [SBA] board to say what happened last year was wrong is most definitely left open to debate. However, the vote gave an organisation almost 50% of the unallocated line without a showing of need from the organization. I do not want to take money away ... . from the newspaper. I think we should require the Finance Committee to conduct discovery as to how much the newspaper actually needs. The sum left in theunallocated fund leaves little flexibility for this board to offer new and innovative services to the student - ... body." She recommended that the matter be reconsidered at the next meeting on November trend, Ewing referred to a U.S. Senate Subcommittee hearing on juvenile justice. The questions addressed were not whether to intervene, but "at what point to intervene on a nonvoluntary basis" in order to take predicted delinquents "out of the crime cycle." Ewing points out that no legislature, state or federal, has yet chosen to take the drastic step of compulsory intervention. But he also reminds of the important issues introduced in Martin: that it is possible, "from a legal point of view," to predict future dangerousness; that detention would be regulatory, notpenal; that society has a stake in this kind of detention; and thatsociety's concerns far outweigh the "liberty interests" of the juveniles who are being "regulated." Professor Ewing expresses dismay that legislatures will probably respond to Martin by "authoriz[ing| coercive state in- more, other studentneeds may requrie funding from the unal- Cohen stated that since time located line, which was now reduced to $1100. Jerry O'Connor, SBA Treasurer and head of the Finance Committee (and last year's business manager of The Opinion) agreed, and in a reversal of the position he had taken the week before, recommended that the matter be returned to the Finance Committee to calculate a proper increase of funding. But others claimed that all thishad been discussedand decided the week before. Siclari complained that The Opinion was being singled out for reconsideration of its authorized budget since no other organization was being reviewed in order to increase unallocated funds. He also noted that the Finance Committee last spring recommended a total of $900 of unallocated funds for this year, and that even after Besides, she argued, according to The Opinion's own financial figures, costs had been reduced and advertising revenues were expected to go up. Further- mainder of the year. Stern explained that increases in advertising revenue were just projections, which may or may not be met this year. He also stated that with a 4th. As a result, one week after reinstating The Opinion's funds, the SBA was asked to reconsider the matter. Editors Siclari and Stern were again present. First Year Director Susan Biniszkiewicz, the head of the Rules Committee and SBA parliamentarian, cited Robert's Rules of Order which State that a Motion to Reconsider is proper only on the same day that the original action was taken. Cohen said that past SBA practice has included reconsideration of actions taken at the previous meeting. Unlike the week before, the issues before the SBA on November 4th was not whether to reinstate funding to The Opinion, but rather how much funding should be reinstated. had passed since The Opinion started operating under a reduced budget, some money must have already been saved. reinstating funding to The Opinion, the unallocated line still had $1100 left for the re- tervention prefaced solely upon predictions individual of dangerousness." Essentially Martin has "opened the door" for all kinds of compulsory intervention, and preventive detention will exert "continuous pressure to broaden the system in order to reach evermore potential detainees." One of the primary aims of the Lecture Series is to attract the attention of the law students to the important extracurricular work being done by their professors. Hopefully, the success of Professor Ewing's discussion will encourage more students to attend these worthwhile lectures. Proposed lectures, to be scheduled either later this semester or early next semester, include a talk by Prof. Binder on International Law, Obscenity in the Workplace by Prof. James Atleson, and Prof. Betty Mensch on the control exerted in N.Y.C. by Trinity Church. much larger staffthis year, The Opinion is hoping to print longer average issues this year compared to last. The formal motion before the board was to open for reconsideration the action of SBA taken the week before to reinstate $1,000 of funding to The Opinion. Had this motion passed, the SBA wouldhave then considered whether to reaffirm the action, send the matter to the Finance Committee, or take some other action. Third year Director Sim Gildman summarized his objection to even reconsidering the previous action as "outrageous" and a threat to the "institutional integrity" of SBA. The motion to reconsider failed by a vote of 11 to 4 among those present. As an interesting footnote, there were also four "proxy votes" by absent members which indicated a desire to reconsider the funding. Since the motion would have failed even if these "proxy votes" were included, the question of their status was considered moot. Cohen admitted that SBA has no formal policy on the status of "proxy votes," and asked the rules Committee to formulate one. Sub Board I, SBA May Face Divestment Issue by Peter Scribner The Student Bar Association may be faced directly with the controversial issue of South African divestmentbefore the end of the year. Belina Anderson, law school representative to SubBoard I reported at the SBA meeting on October 28th that SBI is considering divesting its banking funds currently deposited with Marine Midland. Such an action would require approval from all six student governments represented on the board, including the SBA. According to Anderson, Marine Midland in the past has loaned money directly to the South African government. SBI is now trying to determine if this practice is still going on. If it is, and if there isanother local bank that does not do so, SBI will probably recommend withdrawal of its approximately 2 s3.s million in funds from the Marine. All representative student governments would then have to approve theaction. The issue may be resolved as early as the next SBI meeting on November 20th. In other action at the October 28th SBA meeting, theFinance Committee was formally organized under Treasurer Jerry O'Connor. He reported at the following meeting that his committee will meet weekly on Tuesday afternoons at 5:30 p.m. in the SBA office. Susan Biniszkiewicz has agreed to chair the Rules Committee. This group is responsible for proposing and reviewing SBA Consitutional and By-law modifications. Also, the PlacementCommittee has been organized. The members include Dave Petrich, Nancy Hottby, Pam Nuebeck Opinion November 13, 1985 and Leslie Stroth. All are SBA members, and additional mem- bers are welcomed. This committee works directly with the Placement Department. Additional members are also needed for the Social Committee and the Rules Committee. Ron Brown and Allison Tuitt of the Black Law Student Association came to the October 28th meeting to give the board the semi-annual update required of all student organizations by SBA By-law #13. Brown reported that several members attended a conference of black lawyers in Toronto a few weeks ago, and that November 16th will be Minority Law Day. BLSA is planning a special presentation of that date in Room 106, featuring John Carrol, memberof the Appellate Division (First Depart- ment) and Bruce McWright, a Supreme Court Judge from New York City. At the November 4th meeting, the Buffalo Public Interest Law Group (BPILP) presented their By-law #13 update. Michael Kulla reported that they have 36 members and have earned $300 in a recent raffle. They plan future fundraisers, as well as guest speakers and movies on public interest subjects. Also at this meeting, the subject of student-faculty forums was brought up. Lori Cohen suggested two forums: one with law school administrators, and one with the University administration. There is, however, a shortage of volunteers to work on this project. If anyone is interested, please leave a note in mailbox #597. A proposal to authorize $100 for T-shirts for the winning team in the fall intra-mural softball league was tabled. More information was requested. The proposal will then go before the Finance Commit- tee. SBA is planning to sponsor a Wine and Beer party on Thursday afternoon, November 14th. This will be an opportunity for students and faculty members to get together socially. Lori Cohen has pointed out that anyone who wants to speak at an SBA meeting or put a matter on the agenda can simply sign up on an agenda paper which will be posted each week on the SBA bulletin board in the mail room. There is no need to have to find and talk to an SBA officer in order to add something to the agenda. �Professor Ewing Discusses Date Rape Case by Melinda K. Schneider For the third year in a lot of emotional appeal for the row. students. It's a case that's not so one-sided; everyone' can Ewing, along with participants participate. I advise students to pick the opposite side to what they believe in." Criminal Law Professor C. from his Section I first year class, has conducted a mock trial in the Moot Court Room. This year, as in other years, there were enough volunteers to necessitate having two trials on consecutive nights, October 23 & 24. The case being tried was State v. Rusk, a "daterape" case, and has been used by Prof. Ewing each year. There was a good audience turnout both nights and following the trial each night there was a party,for all the participants in the law school lounge hosted by, Prof. Ewing. We interrupted Prof. Ewing's busy schedule to ask him a few questions about the trial. Are you ever surprised by the outcome! Ewing: "There have been five trials in three years. Only once was therea conviction, and that was 7-5; and that only reached after I pressured the jury to break it's deadlock. It's a very tough case for the prosecution to win." Where do juries come from? Ewing: "Jurors are undergraduates; they're asked to participate. They take it really seriously once they're involved. They're very serious in their de- liberations and ask excellent questions. This year, for example, they asked forthe definition Why do you do it? Ewing: "Mainly, it gives students a chance to interact with each other. It brings the Section together. People who aren't of reasonable doubt. The case seems to turn on the credibility of the complainant and the defendant. Most express feeling that there was reasonable doubt. They believe some of what the complainant says and some of what the defendant otherwise involved make friendships, have a chance to interact with each other. A secondary reason is that they may learn something. Also, students realize that the professor is not so terrible; I seem to intimidate them, even though it's not my intention." says." Professor Ewing also said that for purposes of the trial he suspends the rules of evidence; he doesn't expect students to handle objections well. He is consistently impressed with the job students do, and how enthusiastic they are abogt it. He noted that first year students are helped by second and third year students who volunter their time to act as coaches, and Why this particular case? Ewing: "It's a case the students are all familiar with. What I've found is, students really think he's (Rusk) guilty. By actually reenacting the trial, you see the issues come to life and see how difficult it is to convict. It has a Lights Go Out During was impressed by the number of people who showed up each night as spectators. Several student participants were asked their reasons for participating, as involvement in the mock trial is voluntary, is not for credit, and takes up some of the precious time which first year law students al- ways complain they are so lacking. In general, everyone agreed that the trial was a good opportunity to meet and get to know other people in their Section. It also gives students a different perspective on the dynamics of the system that they don't get in justreading about how cases For some, it was an opportunity to test themselves in front of a large group in an effort to overcome their fear or timidity. It wa a unanimous opinion that the trial was well worth the effort, and most participants said they would do it again. are decided. New Roof Leaks Threaten Law Books; Dean Gibson Worried by Timothy J. Burvid and Jeff H. Stern Recent repairs on the roof of O'Brian Hall have proved unsuccessful in remedying the law building's extensive leakage problems. With last week's heavy rainfall, leaks which had been sealed with polyurethane foam have apparently opened up again, and new leaks have also been discovered. Of particular concern is the fact that the roof is now leaking directly over stacks of law books on the seventh floor of the library. Director of the Law School Library Ellen Gibson said that she is concerned because "the roof leaks in places on the seventh floor where it never leaked before." Gibson noted that "previously the roof did not leak anywhere that books were actually stored." Stephen Englert, Director of UB Construction and Design, explained that the contractor who installed the polyurethane foam, A to Z Coatings, has been recalled from New York to undertake a detailed investigation. The new leaks may or may not be a result of their work, which cost $74,000. The Univer- Workmen reptilrinfi O'Britm roof. Photo Credit: Paul F. Hammond sity has allocated a total of $120,000 for repairs to the roof of O'Brian and also for damage to the interior caused by the leaking water. The firm installed the much needed polyurethane roofing system, a strategy which was far short of tearing the roof apart and starting from scratch, which would have involved major structual changes in the building. Englert said that the roof is also covered with copper plating, which contains seams. The new leaks may have resulted from cracks in these seams, which is an entirely different problem that the contractors did not address. They will be retained for the additional work, if the new leaks are discovered to have been caused by the faulty seams. If, however, the leaks were caused by their recent work, A to Z will be required to make good on the repairs at no additional cost. In any event, the University has retained 25% of the contractor's fee, and is working to resolve the problem as quickly as possible, Englert said. Moot Court Contest by Paul W. Kullman A transformer failure at approximately 8:40 p.m. on Monday, November 4th, left at least one Moot Court participant arguing in the dark, and , threatened the postponement of arguments for as many as 60 others. The failed transformer left the Academic Spine in near total darknessfor approximatelytwo hours and 15 minutes. As the majority of Moot Court participants were scheduled to argue in buildings which comprise the Spine, the power failure caused many an anxious moment on this first evening of the weeklong competition. Nevertheless, Moot Court Board Director Bill Daly said the power failure did not create the havoc it could have because it ocurred between the 7 p.m. and 9 p.m. rounds scheduled for that night. "It was a really difficult situation last night," Daly said in a Tuesday interview. "But we were really fortunate ft came when it did. We didn't have to ditch the scoring of any of the rounds and everything was completed according to schedule." Daly said the only person to his knowledge who had an argument interrupted was second year student Garry King. King was forced to finish his argument, in the O'Brien Hall basement after beginning in one of the classrooms. David R. Rhoads, director of the Amherst Campus Physical Plant, said the failed trans- former was located in the switch gear yard near the Bean building, He said plant officials did not know the cause of the failure. Daly, who credited fellow members of the Moot Court Board for their ability to adapt to the adverse turn of events, said all the 9 p.m. rounds were rescheduled in a "matter of about 20 minutes." Participants were then directed to Bell and Clemens Halls, the only two buildings apparently not effected by the blackout. Daly said he and the Moot Court Board were also lucky in that there was an abundance of judges this year as opposed to previous years. "We had way more judges around this year, and originally we thought that might be a problem," he said. "But it turned out to be our saving grace because some judges decided to go home when the lights went out. They didn't know how long the lights would be out and they figured there would be no way to reschedule the rounds last night. Luckily, we were able to get the majority of the judges to stay, and we had enough of them so that we were able to move them around." Power failure aside, Daly said therewere "no other problems you wouldn't expect to have," and that the rest of the competition will proceed as scheduled. It's funny, he said. "We covered essentially all the aspects we could think of except what happened, and we still pulled it off." By Writ of Mandamus . you are summoned to CASEY'S NITE CLUB (421 Kenmore Aye.) to Party on November 14 at 10:00 p.m. During the proceedings, there will be drink specials for all Students of Jurisprudence. Hors d'oeuvres will be served at 12:00. This proceeding will be followed by similar proceedings each and every Thursday. Your time to answer expires on November 14, 1985 at 10:00 p.m. to closing. BE THERE! MONDAY BIG CHILL NIGHT lsmfm< Coupon Good For FRFf= unnK V®W™ nno Drink une rrftt V (Music from the 50's, 60s & 70's) ° ' $10 Bar Drinks 2 Laba,ts for $150 V WEDNESDA , ladies night Ladies — $3.95 Drink all night and keep the glass Gentlemen — $1.00 Bar Drinks 421 Kenmore Avenue November 13,1985 Opinion 3 �Student Defender Program Seeks Law Students by Cathy Papas Now that the Moot Court part of the year has come to an end, I'd like to take this opportunity to invite all law students, particularly second and first years to participate in Group Legal Services' StudentDefender Program.Victor Siclari is the assistant coordinator and Gary Farrell is the Residence Hall Program coordinator. Law Students participating in the Defender Program repreundergraduate and graduate students appearing sent before Student-Wide Judiciary (SWJ). The SUNY Buffalo SWJ is a student tribunal whose purpose it is to adjudicate violations of any nonacademic student rule or regulation, disputes arising from campus elections and actions which violate constitutions for student organizations or associations. The Court is most involved with violations of student rules and regualtions, which are rethe vised annually and appear in the Student Handbook. The jurisdiction of the StudentWide Judiciary extends to any violations which occur on campus, including the residence halls. The Student-Wide Judiciary is comprised of justices appointed by the three major student associations: the Undergraduate StudentAssoci- ation, the GraduateStudent Association and the Millard Fillmore College Student As- sociation. In situations where a student rule or regulation has been violated, any individual may bring a charge before the court. How- •ever, the court only has jurisdiction over defendants who are students of the university. All charges relating to violations of rules and regulations are prosecuted by student prosecutors, who are SUNY at Buffalo law students working with the Of- fice of the Dean/Division of Student Affairs. The defendant may be represented by any person of his/her choice at any of the court's proceedings. This is almost always a defender from Group Legal Services. Charges may be initiated before the student court by filing a complaint with the Student Prosecutors' Office. After the Student Prosecutors' Office investigates the incident, a complaint may be filled with the court and an arraignment scheduled. Students will be advised by the served complaint that they have the right to consult with Group Legal Services about the charges alleged against them. A student defender advises a defendant what plea should be entered at the arraignment. At the arraignment the court rules on the sufficiency of the complaint and then accepts a plea of guilty or not guilty from the defendant. If the defendant pleads guilty, the court proceeds to impose a sanction. If the defendant pleads not guilty, a hearing date is set. Hearings involve representing the defendant in front of a SWJ panel of judges. The prosecution and defense may make opening and closing state- ments, as well as motions. Witnesses can be presented by both sides and examination involves both direct and cross. The court has the power to subpoena witnesses from the student body. One distinction of this court, however, is that the rules ofevidence are generally much more relaxed than those in civil or criminal trial. The SWJ panel of judges is composed of non-law students who are essentially selected to ensure that students brought up on charges are judged by their peers. Because of this, "common sense" rules are the ones that apply during arraignments and hearings. If the defendant is found guilty, both the prosecution and the defense may offer sugges- tions for sanctions ranging from oral warnings all the way to recommendation to the President of the University that the defendant be suspended, expelled or dismissed from the University. The SWJ panel is not compelled to take into account either sides' recommendations but of course, may use them as guidelines if they wish to. The defendant may appeal the court's decision and/or the sanction imposed. SWJ trial de- cisions are appealable to an ap- pellate panel of the SWJ. Any court decision is ultimately appealable to the President of the University. The SWJ has also established a Residence Hall Trial Panel to specifically hear all violations of Housing rules and regulations or violations of Student Rules and Regulations which occur within the residence halls and have been channelled through the Residence Hall Disciplinary Procedurefor Minor Violations. The process which follows is similar to the one followed by the SWJ. Many of the cases heard by the court could be heard by the intrelated The University. components of the SWJ, The Student Prosecutors' Office and the Student Defender Program provide a means of safeguarding the defendant's right to due process in a disciplinary proceeding. The procedures followed try to assure as best as possible that the accused receives adequate notice of the charges, receives a fair hearing with.an opportunity to present his or her position, evidence, or explanation, and receives a fair decision based on the evidence presented. If any law student is interested in participating in the Student Defender Program, please leave a note with your name and box number in Box 717; I would like to add that I was a volunteer while I was a first and second year student and found that it affords a rare opportunity to actually represent a defendant through the trial procedure. I feel it has helped me in courses Stich as Trial Technique and certainly is valuable for students who will be participating ,in the Moot Court Competition next year. Also, prospective employers appreciate a first or second year student who has had some sort of practical experience in any kind of trial preparation. The rewards far outweigh the very few hours per week required, it's a learning experience, and besides — it's fun! Off Campus Interviews in N.Y. and D.C. Successful by Amy Sullivan Last month's New YorkWashington D.C. interview program held the highest amount of interview sessions ever. The New York program consisted of 35 employers, while the Washington D.C. CDO Director Audrey program had 8 Koscielniak employers pre- sent. house counsel of Metropolitan Life Insurance Co. The first effort in the Washington D.C. area was held on October 18th. Audrey Koscielniak, coordinator of the Career Development Office said, "We were pleased, although it was small, that we got this much response in our initial effort in a very competitive job market." For the first time there were also firms represented from other areas this year. Among them were firms from Miami, Fla., Stanford, Ct., and Rosalind, N.J. The law school picks up the tab for the hotel rooms and refreshments. This is funded through the soft money from the alumni. Students pay for their own air fare and any lodging they might need. When choosing a hotel site, a, very professional setting is the most important quality. The New York Penta Hotel. There were 21 law firms from the private sector, 4 Legal Aid offices, N.Y. Penta has beds that fold into the wall and couches and tables are available for the interview. The One Washington Circle Hotel was chosen for the Washington program. The 2 District Attorney's offices, 1 U.S. Attorney General's office, 6 Public Accounting Firms, and a representative from the in- atmosphere. "Any student The program in New York originated in 1979. This year it was held on October 4th at the rooms had a living room area which eliminated the bedroom who gets staff of The Opinion Wfff/tmk. Thewishes everyone a Happy Thanksgiving Our next issue will be published on Monday, December 2. Deadline is Monday, November 18. selected by an employer is assumed to go and is scheduled automatically," Koscielniak said. Some "no-shows" were not aware that they had been selected. There were 68 3rdyear and 45 2nd-year present at theN.Y.C. program, while at the D.C. program there were 23 3rdyear and 9 2nd-year students. The second interviews that are granted are done by direct con- tact with the student. Followups are done to let the CD.O. know who were called back, who declined, and who accepted. Koscielniak Opinion November 13, 1985 that views. "The students should read literature on the firm, take practice interviews, as well as watch the interview tapes that are available." She added that, "At this point, we anticipate running both programs again, but specific dates depend on Commencement '86 Announcement by GinaPeca Commencement Chairperson Plans for Commencement 1986 are underway! The date is Sunday, May 18thand the place is Baird Pomt—weather permitting. All graduating seniors will be receiving a questionnaire regarding such items as commencement speaker, faculty speaker, events at the ceremony—awards, honors, hooding, and Commencement activities—parties, fund-raising events, etc. Reminders Degree cards must be filled out by January 17th. You can fill them out at any time—just stop by A&R. - February grads must fill them out by November 15th at the latest! During the last week of February, a photographer will be at the law school to take portraits of the grads. There will be a sign up sheet in the mailroom prior to thedate. The $8-10 sitting fee entitles you to a composite picture (small version of what hangs in the third floor hallway). Package deals may be purchased. Each graduate will be given ten invitations to the Commencement. They are nor tickets—you may bring as many people as you like to the cermony. (However, the tickets are good to send to distant rela- "OPPORTUNITIES IN ENVIRONMENTAL LAW" Wednesday, November 20,4:00 p.m. Faculty Lounge tives—you might even get a gift out of the deal!) There will be a professional photographer at the ceremony taking pictures of each graduate. These can tie purchased later. First and second year students are needed to usher guests at Commencement. We will need approximately 15-20 ushers. Start thinking about it now—there will be a sign up sheet in the mailroom in the early spring. Any seniors who would like to work on Commencement activities, please contact Gina Peca. There's a lot to do and any kind of help would be appreciated! TEST ANXIETY AND STRESS MANAGEMENT A Workshop for Law Students presented by Representative from Jaeckle, Fleischmann & Mugel DAVID ROACH, Esq. UNIVERSITY COUNSELING ALSO, Division Student Affairs Law Professor Jeffrey Blum Refreshments following discussions and questions. SPONSORED BYTHE ENVIRONMENTAL LAWSOCIETY 4 believes most students don't prepare well enough for these inter- hotel availability." There may be earlier deadlines for resume dates. This may present a problem for students who are waiting td find out if; they made law review since it is such an important credential for resumes. But Koscielniak noted, "This puts us in a more competitive position against other schools who have earlier deadlines." SERVICE Wednesday, November 13, 1985 4:00 5:30 p.m. Room 112 O'Brian - �: ta/ferr BAR REVIEW " BAR/BRI NOVEMBER DISCOUNTS NY, NJ, MASS, VT, CT, NH, ME I SAVE $150 WITH A $75 REGISTRATION FEE | SAVE $200 WITH A $100 REGISTRATION FEE twobn BAR REVIEW The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, New York 10001 (914)684-0807 (201)623-3363 (516)542-1030 (212)594-3696 160 Commonwealth Avenue, Boston, Massachusetts 02116 (617) 437-1171 • • • November 13, 1985 Opinion 5 �Volume 26 No. 5 November 13. 1985 Editor-in-Chief: Managing Editor: NewsEditor: Feature* Editor: Business Manager: Photo Editor: Layout Editor: Production Coordinator: Victor R. Siclari JeffH. Stern Paul W. Kullman Timothy J. Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Charles E. Telford Staff: Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, John Lapiana, Jerry O'Connor, Peter Scribner. Contributors: Idelle Abrams, Michael Kulla, Cathy Papas, Gina Peca, Melinda Schneider, Amy Sullivan. '■■> Copyright 1965, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademicyear. It is the student newspaper of the State University of New York at Buffalo School of Law, SUN YAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics. Inc. Editorial SBA Should Approve Sub Board Divestment "You can blow out a candle/but you can't blow out a fire/once the flame begins to catch/the wind will blow it higher. .. and the eyes of the world are watching now/watching n0w ..." Peter Gabriel—from his song entitled Biko. In South Africa, the flames of rebellion have not simply begun to catch, but have kindled a widespread conflagration which threatens to consume the entire nation. Subdued under the heavy yoke of institutionalized apartheid, and denied the most fundamental civil and political rights, black South Africans have resorted to violent resistance on an unprecedented scale in that country. Our own nation ultimately achieved its independence and established a democratic government in similar fash- ion. President Reagan's "policy" of "quiet diplomacy" or "constructive engagement" with regard to the South African regime has been a dismal failure. Prime Minister PieterW. Botha remains adamantly opposed to any meaningful political and social reform, because he fears it would sound the death knell for the white minority ruling class. Not only has Botha's administration failed to improve conditions for blacks, but it ruthlessly oppresses them as well. Over the past fourteen months the social unrest has resulted in the government's imposition of martial law, the killing of nearly 800 blacks by the police and the beating, tear-gassing and incarceration of countless others. In the latest twist of irony, Botha has accused foreign reporters of unfair reporting tactics, and has blamed them for the increased rioting in South Africa—as if the rioting would cease if only journalists would stop reporting about it. Botha has even gone as far as alleging that foreign journalists have been paying blacks to riot for the purpose of filming the action. He has indicated that in the future the media will be strictly monitored and controlled by the government. Despite the condemnation and diplomatic pressure from the in- ternational community, the South African ruling minority resists true reform and perpetuates the forced segregation and degradation of the majority black population. As a result, the United States Congress is now considering imposing various economic sanctions on the South African government. In additon, many groups are calling for divestiture of foreign assets and corporate investments from the South African economy. Here at ÜB, Sub Board One, the University's student services corporation, has undertaken an investigation of the banks and investment firms with which it has invested nearly $600,000 of its assets, assets which are primarily comprised of contributions from thesix student governments, including the StudentBar Administration. Should Sub Board determine that these corporations, which include Marine Midland Bank and Merrill Lynch, Inc., are doing business in South Africa, it may withdraw its assets from these firms upon the unanimous agreement of the six student governments. Before doing so, however, Sub Board must first find alternative "clean" banks and firms in which it would deposit and invest student funds. The Opinion urges the SBA to approve divestiture of Sub Board's assets from any corporations which are found to have financial ties to South Africa. Some would argue against divestment on the grounds that it would alienate a geopolitically important ally, that it would actually cause many black workers to lose their jobs, and that it would not, in any event, hasten positive social change. We reject those arguments. The evidence strongly suggests that if enough American corporations disinvested from South Africa, that nation's economy would be crippled to the point where the government would be forced to institute wholesale socio-political reform. Such reform would reduce the chance of internecine warfare and the destabilization of the region which would follow, and would be in everyone's best interest. By voting to divest funds from banks and investmentfirms which have dealings with South Africa, SBA would make a strong statement on behalf of its entire constituency—namely that we refuse to tolerate a blatantly racist government which is controlled by a small minority of the country's population. More so than perhaps any other government in the world. South Africa deviates from our country's system of representative democracy, which we as law students are bound to uphold and promote. 6 Opinion November 13, 1985 Concurrences and Dissents Law Class Participation Urged are affected but To the editor: This letter is in response to Ms. Ramsay's letter, entitled "Please Don't Call on Me, I'll Pass," printed in the Oct. 30th edition of The Opinion. Ms. Ramsay, although I do not understand your paralyzing fear of speaking in class, I respect the fact that it exists. However, that is no reason' not to carry the burden that you, as a colleague and future attorney, have to bear during the course of your education.and career. Law school is exactly the place where your fear, your un- certainty, and your legal reasoning abilities are to be exposed and explored. Mistakes here, and hopefully the corrections that accompany them, will help you to serve your client's interests, and will also protect your license! Opposing counsel will most certainly point out your mistakes, and the only person who will benefit will be his or her client. Your client will suffer the consequencesofyour own ineptness. Also, as one student among 840, you have no right or privilege to go through this Law school without contributing to the shared knowledge we all try to obtain. Why do you believe that you're entitled to a "free ride?" In order for our education to be the best that it can be, each and every student owes every other student 100%. That includes class participation, club participation, and student government participation, or whatever you personally have the time for. If you are truly "here to learn", then debate and personal sharing of experiences are part of that process. Overcoming a paralyzing fear is a tremendous learning experience, one that should be realized in an academic setting, where no one else's interests your own. Sincerely, Shari Reich Ramsay Letter Applauded To the editor: Thank you for your recent humorous additions to The Opinion. Ms. Ramsay's "Open Letter to the Faculty" provided a wonderfully lightheaded moment in this law student's dull, work-filled life. I laughed for the first time since August 26th. We're often accused of being serious, humorless law students. I, for one, was a fun-lov- ing undergraduate who has been transformed into a dour workaholic by the focus of Ms. Ramsay's letter—Fear. I now plan to laugh at least once a week, while cringing under my desk, hoping not to get called on Sincerely, A Ramsay Fan Todd Bullard Still Convalescing ship on the Board. by Peter Scribner Friends may call Buffalo General at 842-1900 to find out if Todd is still a patient there. General is located at 100 High Street, which is right next to the Allen-Hospital station on the Metrorail line. I am happy to report that my friend, Todd Bullard, is recovering very nicely from the heart attack he suffered two weeks ago. As of November sth, Todd was still in Buffalo General Hospital, but was hoping to be released soon. He plans to spend some time at home in Rochester, but is still planning to return and complete the semester. Todd suffered a mild heart attack shortly after returning from a conference of black lawyers in Toronto. He never suspected what the problem was until he was in the hospital. Amazingly, Todd was in excellent health: he doesn't smoke, hardly ever drinks, and was active in in-door soccer this fall. Although there are one or two cases of heart problems in his family, the last thing he expected at age 24 was a heart attack. He told me that he just let law school get to him. He was ac- tively interviewing for a summer job and participated in the Washington off campus prog- ram. He worked on Moot Court and was of course active as SBA Vice President. Apparently all these things combined caused the attack. He definitely plans to take things more eas- Moot Court To the editor: Photo Credit: Victor R. Sklari ily, and advises other students to do the same. Todd is especially grateful for Peter Scribner The war between The Opinion and SBA appears to be pretty much over, thank goodness. Both organizations have matured enormously since last year and are determined to work together. But a minor aside in the final SBA vote to affirm the reinstatement of funds to The Opinion on November 4th suggested a potential SBA problem in the future. Lori Cohen, President of SBA, brought four "proxy votes" with her to the meeting. All consisted of written statements of various lengths by absent SBA members. According to Cohen, all wanted to vote in favor of reconsidering the reinstatement of funds to The Opinion. Three proxies favored sending the matter to the Finance Committeeand the other proxy abstained on this motion. The matter became moot since 11 members present voted to affirm the reinstatement and only four opposed. petition a success. Specifically we would like to thank the staff on the law library, and all the secretarjes and staff who assisted in the preparation of Desmond material. Without your extra effort, the Desmond Competition and the support he has received from the school and his friends. His room was papered with getwell cards. The law school is taping all his classes and has said that he can take his final exams at his convenience. Luckily, he the existence of the Moot Court Board would not be possible. In addition, yourcontributions enrich the intellectual atmosphere of the Law School. We would also like to thank was only taking four classes this semester, and was not taking Tax or Corporations. Todd and his Moot Court partner Jay Lippman had completed their brief for the Desmond Competition. Jay entered the oral arguments with a substitute partner Randy Fahs. The Moot Court Board will let Todd do his oral arguments next semester so that he will still be eligible for member- SBA Proxy Voting by The officers and members of the SUNV at Buffalo Moot Court Board would like to thank all those whose assistance made the Desmond Moot Court Com- SBA V.P. H. Todd Bulluril this year's Desmond participants. You were an exceptional group of advocates whose skill and enthusiasm made this competition a pleasure to con- duct. Sincerely, William P. Daly Questioned But there is no formal SBA policy as to the status or legitimacy of proxy voting. And the quescontinued on page II RTL Sign Posting Disputed To the editor: I am disturbed by the evident one should have to face the poster throughout their day. The poster should be torn vocative anti-abortion posters around the law school. The right to self-expression does down. Moreover, the person(s) posting them should consider his/her/their willingness to impose a view. I question whether their willingness to do so does not reflect a general flaw in their political position. They impose immaturity and disregard for other students manifested by some individual(s) posting pro- not encompass a right to hold a captive audience. Even if the mailroom were to be considered a place in which nobody need linger, a classroom certainly creates a captive audience. No their view that abortion is wrong on others, thus transforming people into captives of another sort. E|an G.retmann Corrections From Last Issue Due to a printer's error, the photos of Schlegel and "the clone" were in reverse order on our front page pasquinade. We guess the joke was on us... John Mylod's quotation in the last paragraph of Lisa St- rain's article on the New York State Environmental Planning Lobby (page 7) should have read as follows: "We are as responsible as active environmentalists as DEC to set the policies of the state." �The Boy Mechanic Kevin O'Shaughnessy Life, Death, Law School and the Future Todd Bullard had a heart attack last week. The news went through the law school quickly and quietly. Underneath all the concern, sympathy, and discussionaboutTodd'scondition lies a basic human emotion: Fear. Death scares people, and consequently, people try to insulate themselves from death. Law school is the ideal place to insulate oneself from death. It focuses entirely upon the future. I remember the speech of Audrey (the high priestess of the monument to the future: The Career Development Office) at Orientation. She spent fifteen minutes on employment after graduation. Classes had not begun yet, but this woman was talking three years down the road. I thought she was I had much to learn. crazy Law school constantly reinforces the belief in the future. The time put into studying, writing briefs, attending classes and taking exams is formidible, and this great sacrifice has to ... be justified. By jumping these academic hurdles, students believe that they can achieve a reward: A promising future.Without an undying belief in the future, few would bother with Law Review. Subsequently, students feel guilty about "wasting time." Wasting time means behavior not related to the future. Playing video games, watching "Green Acres" reruns and drinking beer are excellent examples of wasting time. Pleas- ure is immature, anti-intellectual and childish because it's based in the present. Adults live for the future; lawyers thrive on the future. The anxiety students heap on themselves especially in law school, is artificial. Death (or fear of it) forces people to change their perspective. Suddenly they lose their faith in the future, and it is revealed to be an illusion. When the future Miss Social Procedure fades, so do their well-planned lives. Todd's condition emphasizes the importance of the present. Pleasure is an essential element of life. More importantly, the present perspective prompts examination of emotions. The future perspective devalues emotion and undermines humanness. I prefer the present perspective if you'll excuse me, "Green Acres" is on. Get well soon Todd! ... Fiona Smythe-Horch Nylons, Law School and the Women of the Eighties Dear Miss Social Procedure: When I came to law school in Buffalo, I anticipated the casual atmosphere one might expect in a Mid-Atlantic state university. I was surprised to find so many women students bedecked in skirts, panty hose, and heels. Am I a slob? Should I replace my jeans and cords with dresses? Please advise. Sincerely, Wondering in Room 106 Dear Wondering You have brought your query to the correct forum, Ms. Social Procedure has long been amused by the phenomenon of overdressing and has noted thisunfortunatetrendinprofessional schools. With the changes of the past twenty years, students of every social and economic back- ground have the opportunity to pursue medical and law degrees. After all, this is still America. Fortunately, for those who wish to select their acquaintances from those of simi- lar social status the emerging working class obliges by over- dressing for the occasion. Young women appear particularly vulnerable to the overdressing syndrome, in an attempt to assert what they mistakenly consider a "profes- sional look." Several weeks ago, I, myself, noticed a young woman dressed in an aqua (shudder) suit and white (groan) high heeled pumps. Rather than project a professional image, this young woman appeared secretarial — successful woman one knows is, indeed, a secretary. One must dress according to the elegance of one's surroundings. Many appear to be misled by the tasteful red carpeting and hand-crafted plastic seats in O'Brian Hall. The overdressers obviously believe that they are rehearsing forafternoon tea in well appointed drawing rooms. Many overdressers hope that outward organization reflects inner order and discipline. Unfortunately, this is not so. We all know that Einstein seldom wore matching shoes, and while one needn't carry a disregard for appearance to such extremes, his example serves as a model. At this point I expect myread- ers to be clamoring to be enlightened as to the proper dress for professional students. First, stop clamoring! Such enthusiasm is not only unattractive, but raises one's blood pressure, causing a florid coarsening of the features. The primary consideration is, naturally, cleanliness, which remains next to godliness. While all clothing must be of high quality, a moderate level of disrepair and unkemptness are acceptable as one is seldom provided with staff to maintain one's wardrobe while away at school. Clothing such as jeans, sweaters, sweatshirts, slacks, etc. facilitate a casual appearance and provide a happy relief from the rigors of home, mummies exacting standards, and nanny's continual pulling with the hairbrush. Finally, gentle reader, do not concern yourself with the future. A young woman who polishes, presses, styles, lipsticks, clips, plucks, perfumes and otherwise preens her temporal self is obviously here for a purpose other than the study of law. I am quite sure that the age old quest does not concern you, gentle reader, since certainly the women in your family manage their own portfolios. Miss Social Procedure Miss Social Procedure tries to answer general questions on professional school etiquette. Queries may be submitted to The Opinion. which is acceptable if the most BPILP Names Officers, Announces Plans for Year by Michael Kulla Secretary of BPILP The Buffalo Public Interest Law Program (BPILP) has many plans for this year. We at BPILP would like to let the law school community know what's going on with the Program. BPILP recently sponsored a successful raffle. The prizes included tickets to a show at Shea's, free printing of resumes, a set of law books, and a gift certificate for Waldenbooks. The raffle brought in $300, and we'd like to thank everyone who helped bring about this profitable fundraiser. The directors for BPILP this year are: Lisa Roy Baron, President; Cohen, Nancy Dean, and Jennifer Sanders, Vice Presidents; Dan DeLaus, Treasurer; and Michael Kulla, Secretary. Before going on to mention what plans BPILP has for this year, I'd like to describe briefly the history of the Program. BPILP was founded in 1979 by four law students who wanted an organization that law stu- dents could contribute to the provision of legal services operated in the public interest. The goals which the founders had for the Program included increasing the awareness ofthe law school community, and the legal community in general, on the need for public interest legal services; assisting agencies providing public interest legal services in their efforts; and providing first-hand experience to UB law students through funded internships. BPILP's plans for this year are designed to further these goals. We will be showing two films on public interest issues, "The Right to Die" and "To Have and to Hold". Another film possibility in the future is "Palsgraf— the Movie". Yes, the most famous tort case has been immortalized on film. It's certain to bring about some muchneeded comic relief, if not intellectual debate on negligence. We are also planning to have Assemblyman Hoyt come and speak on the topic of child abuse and the law. To help fund our internships, more fund- Amnesty International In keeping with the goal of sparking student interest and debate. Amnesty International is currently planning several activities on the Death Penalty. The Death Penalty Project is targeted for anywhere between November 14th and November 22nd. Plans include a film, literature (handouts tool), a possible student debate and/or speakers. Also in the works is yet another information table in front of the library. Plans are also in the works inside the library—you guessed it—the display case. The organization is also throwing around the idea of starting an inconspicuous library on Amnesty and related materials. All are welcome to provide input in the present projects and future planning. Contact Margot Bennett, #15. or in the Clinic. Rm. 507. raisers such as happy hours will be held. If anyone has suggestions on possible films or speakers or fundraisers, please see any of the directors, or leave a note in box 426. We at BPILP are looking forward to having an informative, successful, and enjoyable year. P.A.D. Open to AllLaw Students Phi Alpha Delta Law Fraternity, International, better known as P.A.D., is an organization open to all law students, male or female. Its purposes are to foster greater interaction among law students, the legal profession and the community. Already this year, P.A.D. has sponsored several activities which have been open to everyone. On Thursday, September 19, there was a happy hour at Stuffed Mushroom which attracted over 100people who enjoyed drink specials and dancing all night. On Friday, September 27, P.A.D. had its semesterly racquetball party at the Boulevard Racquetball and Fitness Club. For a small admission price, the studentsfilled up on beer, soda, pizza and wings while they played racquetball, pool, or just relaxed in the sauna and steam room. In October, P.A.D. sold law school T-shirts, polo shirts and sweatshirts in front of the library. Because of the success and great demand, P.A.D. intends to sell more shirts in November. On Tuesday evening, October 22, P.A.D. held its fall initiation ceremonies in the Moot Court Room. Twenty-three new members joined P.A.D. this fall. They are: Stuart Adler, Susan Biniszkiewicz, Paul Blaufuss, David Crosby, William Cummings, Deborah Emerson, Bruce Frankiewich, Evelyn Gurdin, Elizabeth Hendy, Bernadette Herward, Edward Jozwiak, Alison Kent, Stephen Korniczky, Katie Lindguist, Bernie Marcoccia, Karen Marcuccia, Robert McCarter, Robin Miller, Steve Pigeon, Carl Piper, Lisa Scarangella, Barbara Schwartz and Roger Wilcox. Welcome to P.A.D. This brings the total membership in P.A.D. to 77, making it the largest organization in the law school aside from the SBA. Other activities which P.A.D. is planning is a Blood Drive this week in connection with the Red Cross. The officers will also be meeting with college students and pre-law P.A.D. chapters to familiarize them with U/B Law School and our chapter. Also on the agenda are speakers and job referral services. If anyone missed our fall rush and would like to join, leave a message with George Faust, M.B. #77, or keep an eye out for notices of our meetings which are posted on the P.A.D. board in the mailroom. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. (2) publish a letter describing the club's activities and plans in the Law School newspaper. The Opinion after October 15 and before March 15 of each school year. (3) submit a list of at least 10signatures of matriculated students who are members of the organization. This By-law is designed to encourage an increased awareness of the rich variety of activities within theLaw School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at the discretionof the SBABoard ofDirectors —be deniedfuture funding. (Adopted April 1981) — November 13. 1985 Opinion 7 �Fleischmann Named Editor of U.B. Law Forum by Idelle Abrams know our faculty has a wonderful record and that our students are bright and involved." "UB is a national school now. We are not a Buffalo school and we have to keep in touch with our alumni all over the country. We can't do this by grapevine. This is not a way to communicate." This is the perspective of llene Fleischmann, the new Executive Director of the Law Alumni Association and editor of the UB Law Forum. The Law Alumni Association will be celebrating its twentyfifth anniversary next year. It has long wanted a vehicle that would allow them to keep in touch with UB alumni scattered all over the country and overseas. When the first issue of the UB Law Forum was published last June by Fleischmann's predecessor Ruth Gaare, it was very enthusiastically received. Fleischmann is looking for- ward to editing the Forum and plans to continue to upgrade the magazine to make it an effective tool for building visibility for the law school. "The more our alumni hear about us the more likely they'll be to hire our people and help us recruit," says Fleischmann. She adds, "We should let our alumni The team is undefeated thus far, and the opening playoff game will be held this Saturday, November 16 at 12:00, on the Ellicott Football Fields. writing and was nominatedfor a Pulitzer Prize for feature reporting. When the Courier folded, Fleischmann was recruited by Woman's World magazine to be their Living Editor. She took the position "because it was such a wonderful job opportunity" even though it meant from Buffalo, commuting where her home and family are, to the magazine's offices in Englewood. New Jersey. After a year at Woman's World, Fleischmann was satisfied that she had succeeded in a national arena, at a magazine with a mass-market circulation of 20 million readers. However, the strains of commuting on her and her family became overwhelming and she returned to Buffalo. one on "the confessions of a confessions writer." At the Buffalo Courier-Express, formerly the morning newspaper in Buffalo, Fleischmann was a staff reporter and columnist for the features department. She did many consumer stories as well as her col- \ umn on style and living. In 1982 Alumni Association Executive Director llene Fleischmann Fleischmann brings a wealth of writing experience to the position. As a professional writer she has done everything from writing for movie magazines and confessions magazines to investigative reporting on such charged topics as sexual abuse by physicians. When she graduated from the University of Pittsburgh with a Two L. Sec. 2 Advances To Football Championship By trouncing North Dallas Forty by the score of 32-12, Two L. Sec. 11, the Law School's flag football team has advanced to the University Championships. paper Guild for excellence in B.A. in English, she started working in New York City for a magazine publisher, pulp Countrywide Publications. "It was wonderful training," says Fleischmann. "I learned how to write from nine to five every day. I learned how to write on deadline.I learned how to write commercially." She has since published many magazine articles including The field is located in the Ellicot Complex, directly behind the tennis courts. Although a law school team has captured the University Football Championship, this team intends to change that statistic. All are welcome to attend. Fleischmann was cited by both the New York State Associated Press and the Buffalo News- BPILP Offers Employment. TO: Ist, 2nd and 3rd Year Law Students FROM: Buffalo Public Interest Law Program (BLILP) OpporRE: Employment tunities with Local Public Service Agencies .. agencies have staff attorneys but many don't. Agencies contact BPILP and BPILP matches students on its registry with po- sitions as they becomeavailable. Students work under either a staff attorney or a consulting attorney in doing their legal research. Students are matched BPILP is a program designed to provide experiences for students in public interest law. As one of its projects, BPILP maintains a Law Student Registry which matches law student interns with Public Interest Agencies needing legal research done, in an effort to provide students with opportunities to participate in public interest law. Many non-profit agencies deal with issues that have legal She continues to do writing editing for national magazines. Last month, for example, she had articles in four national magazines. In Buffalo, she is currently co-moderator of a television interview program on Channel 7, "Mind Over Myth." The position as editor of the UB Law Forum is a natural progression in Fleischmann's professional life. Though she's worked as an editor, she's never held the reins as the editor of her own magazine. The UB Law Forum is her chance to confront that challenge and "that gives me a lot of creative satisfaction," says Fleischmann. Her goal is a slick and sophisticated publication that presents a professional image of the law school. and based upon their interests and experience. for these projects is divided between the agency and BPILP. a listing also • BPILP of term projects maintains short that need volunteers. This is a good way to get your foot in the door! are located out• Applications the BPILP (Room side GENERAL INFORMATION applica• Drop in boxcompleted 345. A resume off time commitment for a • The project ranges from 5-40 tions • Positions are paid at a rate of $4.00 an hour. The funding a listing of courses taken and related experience is strongly recommended. If you have any questions, leave a note in box 345 or stop by the BPILP office, room 10. llllllllllllllllllllllllUlllllllllllllllllllllllllUllllU Wings & Beer^m' ■BkV P.J.s Wings are the Best! ONLY [111. J vJKC 10<: FOR JUMBO WINGS , W° "buy one get one free * ... just plain & straight—los each. A fcl Also: Beer Specials Every Night $2.75 pitchers till Jf* 11:00 with coupon P. J. BOTTOMS FOOD 3270 main street 8 Opinion November 13, 1965 - BOOZE - BOOGIE buffalo, n.y. 14214 is optional, but hours. Most agencies understand the time constraints on students and are flexible. ramifications. Some of these office 10). 833-3270 �The Opinion would like to congratulate the following award winners of the 1985 Desmond Moot Court Competition, and commend all the participants for an exciting and successful competition. // // II y\ \\ WINNERS Margot Bennett Nancy DeCarlo iAi.MK. c»o )1 JJ // RUNNERS-UP Xi // \V If Terry Richman UMaryAnnßobinski )1 JJ SEMI-FINALISTS // If [(IV G. StephenPigeon \\ll<2 If ==^ DavePlatt V RoseannEimer Cindy Fenichel PaulKarp Jay Kenigsberg Andrew Winston BEST BRIEFS F rSt ' Brian Ton , ~^^ QUARTER-FINALISTS JayLippman Randy Fahs • BEST ORALISTS: ■ Third t Terry Richman Peter Abdella First , Fourth (Tie) Cindy Fenichel AndrewWinston , cc nnW ' E.yseLazanski Mary Ann Bobinski Fourth (Tie) JackLuzier Jennifer Sanders wo^ Robert Schnizler Peter Abdella m It Julie Bargnesi v Third Andrew Winston Fourth JohnFerlicca Fifth Peter Abdella Due to the Moot Court Competition taking place after our deadline, an article covering the event will be forthcoming in our next issue. _ — **v i |f^ IT'S NOT TOO LATE TO SWITCH TO PIEPER 'v lJel J#O l JJ\ - PIEPER BAR' REVIEW COURSE ENROLL NOW tO Save a Seat in the UVE course! view course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dol.ar for dollar credit for up to $150 toward your tuition in the PIEPER BAR ENROLL BY December 1 and Save $125 Total COSt Only $700! (gke — MpRE Course at no additional cost in March, August or November. pLACE! SAVES ENRQU review. For more information see your Pieper Representatives or telephone For more information see your Pieper Representatives or telephone (516) 90 WHlis Avenue, Mineoia, New York 11501 i I STUDENT DISCOUNT $125 So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar re- 747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. r registration W.THOUTLOSSOFDEPOS.T. . r II 11 ™l (516)747-4311 p|ERER . YORK MU|J|STATE BAR REVIEW, LTD. 90 Willis Avenue, Mineoia, New York 11501 November 13, 1985 Opinion 9 �MULLIGAN'S Mulligan's Brick Bar 229 Allen Street 886-9883 by Timothy Burvid Allentown, that small sector of downtown Buffalo which fancies itself a mini-Greenwich JIMMY MAC'S Jimmy Mac's 555 Elmwood Avenue 886-8112 crowd were actually plastic ferns. This seemed an appro- by Kevin O'Shaughnessy Jimmy Mac's is a good little corner bar. except on Fridays. By eight o'clock on Friday Jimmy Mac's is teeming with the downtown professional crowd. Although the bartenders provided excellent service (I barely had time1 to eavesdrop), the sea of suits pushes this corner bar beyond its limits and possibly the fire codes. Throughout the night my re- living things for fake living things. t learned two important things from watching the meat market: the proper way to use . . search assistants and I had our backs to the wall. The professional chatter ("I just had a conference with my accountant; this tax bracket is killing me." .'. "I'm torn be- buying or leasing.") drowned out the background cirmusic, an appealing tween cumstance given the music: the "Saturday Night Fever Soundtrack." Feminism, as far as most of the male patrons are concerned, is non-existent on Fridays at Jimmy Mac's. Some female patrons explained that a meat market atmosphere pervades Friday nights. The professional chatter ("Come here often?") substantiated this, as did an interview with a rather unenlightend fellow who referred to women as "targets" (Dr. Calling Dr. Freud). Freud The prices at Jimmy Mac's are moderate: $.95 for a Michelob draft, $1.10 for Labatts draft. One of my research assistants noted however, that the beer mugs are among the heaviest in the free world. After a few mugs (with my arm tiring), I noticed that the "plants" hanging above the .. priate symbolism for a majority of the downtown crowd: fake a watch and order a drink. For the watch, place the index and middle fingers firmly upon the top of the wrist. Slide the two fingers up the forearm while pulling the wrist towards the body stopping with the elbow at a 90 degree angle. Repeat this process periodically to develop the impression of a person "on the go," or to display an expensive watch. The proper mechanics for ordering drinks are equally pretentious. But due to the excellent service at Jimmy Mac's as compared to other bars, this is not as great a test of polished style. Place hip firmly against the bar leaning slightly forward. The crucial point is the subtle attracting of the bartender's at- tention. There are two methods. Point a finger or currency at the bartender, but never wave or gesture. Let the help find you. The more masterful technique is merely to point at your empty glass. Remain as placid as possible. Never "work" for a bartender's (or anyone else's) attention. I'll probably go to Jimmy Mac's again. Its near my apartment (the most popular reason given for going there). I'll avoid it on Fridays; I'm a claustrophobic drinker. But if you find yourself at Jimmy Mac'son a Friday, take my advice: Don't wear a suit; you might be mis- taken for a plastic fern. Village, is home to Mulligan's Brick Bar. Historically, Allentown has been populated by artisans, writers, and general advocates of the Bohemian lifestyle, and is the site of the internationally famous Allentown Art Festival in June. While the neighborhood has always had to contend with intermittent crime, it is now challenged by a full-scale Yuppie invasion, seeking to take advantage of the architecturally rich, Victorian era homes, to the accompaniment of skyrocketing real estate and rental costs. Mulligan's Brick Bar, once a part of a trinity of Mulligan's bars, is not a "neighborhood" bar; the great majority of patrons arrive by car. Nevertheless, it is an anchor in the community, and, to the chagrin of some of the older residents, draws in thousands of custom- ers a week. The Brick Bar is not a cafe. It is not for the meek at heart. It is a carnival, where hundreds of patrons squeeze into the long, narrow bar with only one thing on ther minds: drinking. cert posters, a multi-colored stuffed elephant's head, a large assortment of memorabilia suspended above the bar, a few video games, the Brick Bar is basically four walls, a ceiling, and a floor in a sound old building where young people consume alcohol, listen to rock and roll music, and run into old friends. More than most places, it relies heavily on regulars, of which there are plenty. The Brick Bar does its briskest trade on Fridays, Saturdays, although and Mondays, a ladies' night on Thursdays is beginning to attract fairly good crowds. Its "Rock and Roll Mondays" is Buffalo's longest running weekly tradition, they claim. The big attraction on Mondays is oldies music and, of course, beer by the case (0.V., Matt's, and Stroh's), although normal sized portions are always available. Curiously, even on weeknights, there is plenty of room to move about until around 11:30 p.m. when regulars from places like South Buffalo begin their weekly hegiras downtown. By 1:00 a.m., however, when the bars in most of the rest of the known world are already closing up shop, the nocturnal Happy Hour at Mulligan's is just beginning, and occasionally one has to wait in line. The Brick Bar is a downtown institution, even though its fifteen years of existence is a relatively short time. It is regularly visited by Bud, the Allentown shoeshine man/button sales- BRE AY U E man, lending further credibility to its institutional status. Some BRICK BAR of the people one encounters on a Monday night have been there since the beginning. While the average crowd is between 18 and 28, there is no typical patron. Punks, politicians, professional athletes, and even parents stop in. Don't try to make any connections here though, kiddies, these people are hereto drink also. No one will remember you anyway, unless you wear your in- terview suit, in which case you're liable to get beat up, especially if you start shooting off your mouths. The best way to experience the Brick Bar is to round up as many people as possible, do something mellow in the early evening like wrestling alligators, and head downtown about midnight. Tell the bartender-how many cases you want. 'Don't draw needless attention to yourself by ordering single beers on your first visit; act like a regular. Then wander on over to any ricrmber of places where you might perch yourself and your beer (stay away from the butcher block, its mine!), lean back, listen to the music, and enjoy the carnival. Steer clear of occasional fights, and save enough money for breakfast at the Towne Restaurant (Elmwood and Allen), but make certain not to order the Greekburger with both Feta cheese and onions, unless you want to substantially alterthe fragrance of your mouth for two weeks. And drink they do, in mass quantities. It seems like every pther minute, the D.J. broadcasts a request for more cases to be brought to the bar. While ordinary bartenders at ordinary bars spend their time mixing one or two drinks at a time, the bartenders at Mulligan's spend half their time opening and selling full cases of beer, the same way people drink them. Buying beer by the case is a novelty that never fails to astonish the uninitiated. There is no dance floor in the Brick Bar. Except for a few conI'lmiin by I »m/4#r.A UA*T &U*Mt 10 t* I Opinion TUt «««fW( >*«*«,ftmtttrue* November 13, 1985 , I J***"7"*** '" ) PHMMirmMmUMI. Paul Hammond | """'^"■ [ S*»»*MIY~. I -7 NNMW tWWOMU I - . 1 �Proxy Voting Questioned continuedfrom page 6 tion was most definitely not moot last spring, when one absent SBA member "gave" another member full authority to vote for both of them. This took place at the mega-controversial budget meeting, where including the several votes — $1,000 cut in funding to The Opinion-r-were decided 10 to 9. The proxy voting only added to the controversy. Without question, the Rules Committee should clear up officially the status of proxy voting. If it is to be allowed, it should be incorporated into the Constitution or By-laws. No future matter should be decided based upon a questionable practice. I think proxy statements have no place in a deliberative and representative body, and should therefore be forbidden. As a representative body, each SBA director is supposed to represent his or her constituents. All directors have an equal voting power. But with a proxy vote, one director may have twice the voting power as another. And as a deliberative body, SBA only takes a position on a matter afterdiscussion and consideration ofthe viewpoints ... of others. How can an absent member vote on a subject without benefit of this discussion? SBA proceedings—to their credit—tend to be somewhat informal. Motionsare proposed more or less on the spot, and often can be understood only within the context of the surrounding discussion. A written statement indicating a willingness to vote a certain way on a certain matter may be off point when the matter is actually brought to a vote. And needless to say, all us budding young' lawyers can have a field day "making the argument" that a written proxy does or does not result in a certain kind of vote. Finally, proxy statements can only encourage absenteeism. SBA members this year have had fairly good attendance records, but nothing should be done to discourage this excellent record. A second issue appropriate forRules Committee interpretation was also raised at the November 4th meeting: when is an issue decided? When can it be "reconsidered?" According to Robert's Rules, once an action has been taken, it can be reconsidered only at the same meeting. But Cohen has said that SBA often reconsiders an action taken at its previous meeting. Clarification is required. When SBA makes an appointment or an appropriation of money, the finality of the action (or lack of it) should be clear. Maybe the power to reconsider a subject should be reserved by SBA. But this power ought to be formally layed down. Perhaps there should be a time limit on such reconsiderations. And the people involved definitely deserve timely notice of the possibility of reconsideration. SBA operates somewhat informally. But many students and student organizations plan their activities based upon SBA decisions and procedures. Where there are areas of potential future conflicts, such as proxy voting] and reconsideration votes, formal guidelines should be proposed by the Rules Committee and approved by SBA. Editor's Note: SBA Rules Committee Chairperson Susan Biniszkiewicz intends to discuss the matters of proxy voting and motions to reconsider at the next meeting of theRules Committee. Chapus Comics By A little bit of this . . . A little bit of that. . . By Chapus Comics LatkO Nominations are currently being taken for the Henry Luce Scholarship, a prestigious award open to law students interested in an intensive experience in Asia who otherwise never have contemplated such in-depth exposure to Asia. Prior experience or education in Asian studies is not required. In fact, it will result in ineligibility since the scholarship fund is looking for non-specialist students. For more information or applications, contact Barry Boyer, Director of Baldy Centerfor Law and Social Policy at 636-2102, or William C. Barbara, Assistant Dean, Division of Graduate and ProfessionalEducation at 636-2939. REVIVAL OF LAW SCHOOL YEARBOOK MEETING Monday, November 18 at 3:30 p.m. Room 724 (The Opinion office) All interested persons are urged to attend. If unable to attend, leave note in MB. #754. RESUME SPECIAL! FOR STUDENTS & FACULTY PACKAGE OF 50! Includes The Central Park Grill MONDAY WEDNESDAY , Shakin Smith JAZZ Open Mike and his AnythingGoes! JAM Blues Band THURSDAY FRIDAY SATURDAY lOC Wings 50c Drafts FISH FRY SUNDAY $1.00 Bar Drinks t o or: va **- $3.00 Pitchers Seasoned To Fit Your Taste 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. This ad entitles you to one free draft or one barmixed drink with each food ttem purchased. Limit one per customer. Expires 11/26/85 • TYPESETI pg. RESUMES (e%xll. black Ink) • 50 MATCHING BLANK SHEETS •50 MATCHING BLANK ENVELOPES «*«• / NOW §@E§§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! - 3 DAY SERVICE SAVE *5M NOW! Coupon mutt be presented, expires 12/31/85 3171 Main Street Buffalo. NY 142 Serving North 4 South Camputetl 1676 Niagara Falls Blvd 835-0100 M Tonawanda. NY 14150 834-7046 November 13. 1985 Opinion 11 �LITTLE KNOWN TORTS During our years of researching dusty, dank, dingy law libraries and other known (and even some unknown) niches and crannies in search of potentially bizarre bar exam questions that might be sprung on unsuspecting students, we discovered certain "little known torts" that have yet to appear on any exam. As a special student service, we thought it only fair to bring one of these unknown torts out in the open, just in case. As Peter Pilgrim was disembarking ' ttUflSff from the ship, the wet Private P«t«f Pilgrim in turn sued Captain C Way for negligence for allowing him to disembark on the wet gangway. § Capuin C. Way in turn sited Far Flung Funships (owners % *•*'%£■ 1 KXMmmm^f ' ' ' > »^6 J *^^*^i^™j|. .; - ■ mail :i ... to your nearest KNOWNTO,TS " ■. , JK^2S?'*'(P**^lKl'**Je^^B*i(; )lfeK*i» josEPHsoN/KLuwER office Sk" i^^^^»" % jßaßWrf* ' ' 1 Michigan office ygy°™> To~n Ww, ; 15565 Northland w,. Souttuielo, Ml 480 75 . , Rulm, Aruvvw rnujfiw poMKxUd no low Ihon Novwnbet 29. 1985. The 525.00 $25.00coupons > D^lbT'.6,'iSsS'SS;3U9^lo^^b.tlrd oTFAa YAiSE price bo discountfrom the course and NOT odeducnon-troralerabl«.Mo cosh redemption o«co^p««ud«ior U»onßa.R«^«N«i«a»w«k*oP lion from required book deposits/down payments. Coupons ore M ' ■ "/HI K\'C ft£ t B9l||^ little Miinumant »A *K» clnru _J fl * J— (3i3) 5597606 new YC«lt OfHCE htowYoH., NY « l, <*,7) i475 2 MINNESOTA OFFICE 1821 University Aye. S-137 St. Pout, MN 55)04 1 (6 2| *» NJ PA C \T\7 1 !.*»«/ i. X \ Zi NY Clumsy. □ Chief Chuckie Cheez was held liable because he knowingly placed the dinner table too close to the ".linrMwv" TOCK. Slippery rrtMr 1212)505-2060 Sq * □ Private Peter Pilgrim was held liable because he was 10010 arrcrrtM n([irf worth $25 off a JoseP* so«^J»*« Answers (check one) |415| Z 'P 13 lUJWI # Oh, and that's in addition $75 to the current fall discount of 195 l29Hyd«Slre.l coupons willb* mottid to the studentupon receipt 61 correct onswer. Oninfon FI son FrorKisco, ca 94t02 City >~"y 12 o^a«°l « NORTHERN CAUFORNIA low school Pleose enclose on applicotion for: D Bor Review Course- State a Multistate Workshop tj> yOU i. ONIY. In oilcom. Hie coupon I by November 29,and it matches the Judge's, we'U lend AddreSs s,a,e :.*#■&. ' milt -™*. *S wßr i fet «BWWP«Iy- WW» flymouth Rock disembarking place since it was moss encrusted and was V :'■■«]: / ; BJllte ~. U mxmmmm fJL 1 DAJI parties were held to be partiaUy at fault and ordered to si. down at a dinner table and to "give thanks" that ■ no SCHOUS damage WaS done and tO Celebrate the momentous occasion at least once a year. £ZH � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-11-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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On November 18, Acting Assistant Dean Steve Wickmark, Garcia's temporary replacement during her maternity leave, called a meeting to allay the concerns of Legal Methods students regarding the future of that program in light of Garcia's imminent res- Legal Methods Students Concerned About Future [Legal Students W. Kullman Saying that she wishes to devote more time to rearing her two-month-old daughter. Assistant Dean ofAdmissions and Student Affairs Vivian Garcia confirmed that she is "going to resign" in a telephone interview with The Opinion on Wednesday, November 20. Garcia, who has been on maternity leave this semester, originally intended to return in FebPaul ruary, 1986. "It wasn't an easy decision to make," Garcia said. "I love my job and I love working with students of all colors. It was very hard to make the decision" to ignation, (see accompanying story) Acting Dean John Henry Schlegel emphasized that Garcia "has not yet resigned" and that he has not received from her a formal letter of resignation. However, Schlegel said that "the question of how one might go about replacing her should she in fact resign was resign. "But when you look at [my daughter], it's very easy," Gar- cia said. A graduate of the Cornell School of Labor and Industrial Relations and Syracuse Law School, Garcia, 36, assumed the assistant deanship of UB Law School in December, 1981. During her tenure, she served as a liaison between students and the law school administration, and was responsible for directing the school'sadmissions process and recruitment offaculty. Garcia also administered the Legal Methods Program in which capacity she developed a rapport with both the Latino, Asian and Native American Law Student Association (LANALSA) and the Black Law Student Association (BLSA). under discussion. "One question being considered is the'way that such a resignation would relate to the search for a new [law school] dean, and the new dean's obvious interest in who the replacement will be," Schlegel said. Garcia said that she initially "thought thatsixmonths would be enough time to spend exclusively with my daughter, but now I'd like to devpte moretime to raising her." "I've waited a long time-tobecome a mother, but it (resign- ■ by Jeff H. Stern and Paul W. Kullman The impending resignation of Assistant Dean of Admissions and Student Affairs Vivian Garcia has elicited concern regarding the future of the law school's Legal Methods Program. The Program which provides special academic as- — sistance to affirmatively admitted minority and disadvan- — taged students has been under Garcia's auspices since Axsislant Dean ofAdmissionsand Student Affairs Vivian Garcia. ing] wasn't an easy decision to make," she said. "It's a great job... I loved the Legal Methods Program and teaching with Jack Hyman." Garcia said that she thought her major accomplishments as assistant dean have been "shaping up the administration of theLegal MethodsProgram" and ensuring that "other facets of the admissions process go more smoothly" than before she took the job. Garcia now plans to devote all her time to her infant daughter. "It's been two months and "I'm not tired of it yet," she laughed. "After I get tired of this job [caring for a baby] which is a full-time, 24-hour job I'll go and practice some law," she — — said. Garcia'sdedication to her job and pleasant personality will surely be missed. her arrival here in December, 1981. Third year student Walter Ramos> a memberof the Latino, Asian and Native American Law Student Association said that Legal Methods students are concerned because the law school administration is "losing someone who could definitely identify withthe purposes and goals of Legal Methods a minority woman." Since most Legal Methods students are Latin or Black, "they would like to see another minority member hired," Ramos said. Garcia said that although some students are concerned because the law school administration is losing its only (LANALSA), ... minority representative, she is certain that her replacement will also be a member of a minority group. "I don't think that there is anything to worry about," Garcia said. "The law school is committed to continuing and strengthening the Methods] Program." Garcia cautioned, however, that her replacement will have "a lot to learn" about the Program and the admissions pro- cess in general. As coordinator of the Legal Methods Program, Garcia's job was to enhance the law school's affirmative action efforts, by recruiting an increased number of minority students, and developing a specialized academic curriculum to assist those who come from educationally and economically dis- advantaged backgrounds and are admitted under modified academic criteria. The Program contemplates the opening up of the legal profession to members of minority groups who — because of past educational — disadvantage often experience difficulty with respect to writing ability and standardized tests, but who otherwise show promise of succeeding in law and/or commitment to the advancement of civil rights of minority groups. In addition to her administrative role, Garcia also co-taught the Legal Methods course with Professor Jacob Hyman. that course trains students in the fundamental skills of legal analysis, reasoning and interpretation, as well as critical thinking..Students in the Pro- gram also take a reduced course load and receive individual attention from professors and teaching assistants. continued on page 15 Justice Green is Key Speaker at Law Day — outside of New York City said that given the inherent conservative nature of the legal profession and the current conpolitical trend servative throughout the country, the minority lawyer must be highly competent in order to survive. Justice Green was the keynote speaker at the BALSA/ LANALSA 1985/86AnnualLaw Day. Law Day is sponsored annually by the Black American Law Students' Association (BALSA) and the Latin, Asian, by Willie J. Wheaton New York State Supreme Court Appellate Division Justice Samuel L. Green told an estimated crowd of 70 people at O'Brian Hall on Saturday, November 16, that an increase in minority attorneys aloneis not enough. What is needed, the Justice said, is more competent minority lawyers. Justice Green of the Appel- Division, 4th Departthe only black appellate division justice in the state late ment — and Native American Law Students' Association (LANALSA). The essential purpose of Law Day is to attract Students of Color to the study of law, and to encourage such students to use the legal profession to effect social change. Approximately 40 potential law students heard Justice Green's challenge. The Justice told the students that they, upon entering the profession, must infiltratethe system, then change the system from within for the betterment of society in general. .The keynote speech was the culmination of day-long activitiesplanned for the potential recruits. The earlier morning Department Appellate Division |/-»ur(A Samuel L. Green. yustice I Law Day Panel includes (I. to r.) Prafts-\ sors Charles Can, Judy Scales-TrentamA 1 Denise Carty-Bennla. j and afternoon sessions had consisted of an admissions and financial aid workshop conducted by Steve Wickmark, Acting Dean of Admissions and Student Affairs, and Eduardo Mejias, 2nd year student and graduate assistant in Admissions. The afternoon session included a community, faculty. and student panel. The panels were structured to give the potential recruits an idea of what Lawyers of Color are doing in the various lawyering disciplines. The community panel, for example, was comprised of Nicholas Chen, a corporate. Park Avenue lawyer from New York City and staff attorney with the Asian American Education conlinued on page 2 Bennett, De Carlo Prevail, Take Moot Court Competition; Sixty-One Teams Participate by Peter Scribner At the end of a five-week long contest marked by a pair of power failures but never lacking in electricity, Margot Bennett and Nancy DeCarlo narrowly edged out Terry Richmond and Mary Ann Bobinski in the final round of the 1985 Charles S. Desmond Moot Court Competition on Saturday, November 9. Each team offinalists had survived a month-long brief writing exercise, three rounds of preliminary oral arguments, and two elimination rounds, petition. Presiding over thefinal round was retired Court of Appeals Chief Judge Charles S. Desmond, namesake of the competition. Joining him was Matthew Jasen, an Associate memberof the Court of Appeals who will be retiring this year, two members of the Fourth Department Appellate Division of Supreme Court, Judges Michael Dillon and DeloresDenman, as well as Acting Dean John H. Schlegel of the Law School. U.S. District Judge Michael Telesca of Rochester was planning to participate in this year's panel, but withdrew the morning of the final round. Finalist ' continued on page 12 �Filipino Attorney Speaks on Human Rights by Amy Sullivan On Thursday, November 14, Billy Aportadera, Jr., a wellknown human rights lawyer from the Philippines spoke at UB Law School. The visit was sponsored by ÜB's Graduate Group on Human Rights- Law and Policy. Aportadera had spoken earlier that day to a group of lawyers in downtown Buffalo, hoping to get them concerned with the problems in his country. Aportadera spoke on the human rights and economic problems under Filipino Marcos. He was introduced by Law Prof. Virginia Leary who said, "Billy and other members of the Free Legal Assistance Group are practicing lawyers who give up to 50% of their time to represent unpopular clients." Aportadera said this was his first visit to the U.S. He is currently working on his L.L.M. in the International Human Rights program at Columbia University. He then gave some background information on the Phillippines explaining that it has a Malayan culture. There is a diverse culture of Spanish, Amer- ican, and Chinese. He said, "My country has struggled under 300 years of Spanish occupation, 100 years ofAmerican occupation, as well as 4 years of Japanese occupation during W.W. II. The struggle has been towards the establishment of a Republican form of government in our country which was conceived in the Philippines even before Americans had arrived and introduced to us the western concept of democracy. We were moving toward this kind of democracy until it was halted in 1972." That year was very important in the Philippines because it was when martial law was imposed on the country. According to Aportadera, "When the military took over the government because of certain problems, this dismantled progress. Martial law in substance really institutionalized dictatorship." There is a president, Congress, separation of powers, and a court system in the Philippines. But Aportadera pointed out that, "In the real structure there is only one man running Aportadera reported on the many problems that have plagued his country. "In short, all economic proposals and programs were a failure. The Philippines was used as a laboratory to third world policies." The result was a negative gross national product. The country is in the bottom rank of Asian countries, while 10 years ago it was ranked very high. As far as domestic problems go, there is a proliferation of strikes due to economic failure. There are strikes and lay-offs every month. Over 600,000 workers have migrated to other countries, such as Saudi Arabia to work. Once construction is the show." In 1981, Marcos gave himself the power to legislate; he himself can issue decrees. In addition, the appointing powers were all given to him, excluding the judiciary. Aportadera feels that, "He appoints all who are loyal to him." Filipino AttorneyBilly Apnrludera. Jr over in these countries, they will come back. Then there will be the problem of strikes, unrest, and very poor salaries. Aportadera said, "The latest conditions, in a general scope, are a gross violation of human rights. There are reports of disappearances, torture, and executions. Just this year there was a brutal execution of a former senator.". In the city Where Aportadera lives, police cannot walk in the streets or they will be gunned down. They must patrol in jeeps, fully armed. There seems to be certain individuals that are targets. These include doctors who treat the wounds of those who are considered subversive. Another group is lawyers. There are presently five in jail. Three lawyers were told that "arrest of human right lawyers were long overdue by the military." Aportadera explained, "There is a list of those that are ready to be shot and no trial is necessary." Human rights activists and community organizers are also targets. These organizers are most affected; they don't know the law, they just have basic organizational skills and want to help. They are usually killed and forgotten. Aportadera said, "Marcos in short, is against anyone who is a Communist or subversive. As human rights lawyers, we do what we can. If someone is picked up, we immediately file a writ of habeas corpus—to make sure he is kept alive. Once we can't reach him through court processes, he might not be alive." More human rights lawyers are educating people to assert their rights. Strikes are being used as a non-violent way to assert these rights. It is a way of saying, "You don't listen to us, then we will paralyze the city." Aportadera was asked if he had any problems in leaving the country. He replied, "There is no restriction on traveling abroad. It is believed that we can do less harm if we are away from the country." When asked what he recommended the U.S. government do in order to help, Aportadea answered: "The upcoming election is a national past-time. Dictatorship elections have their own ground rules. We can't be sure the ballots will be counted correctly. We must send lawyers to make sure they are. But, if you remove American support from Marcos, he will collapse immediately." SBA Outlaws Proxy Votes; Censures Casey's Peter Scribner The Student Bar Association, by at its most recent two meetings, amended its By-laws to eliminate the practice of proxy voting in SBA procedures, appointed a new SBA official to fill in for ailing Vice President Todd Bullard, and has decided to write a letterto Casey's nightclub to protest "sexist adver- tisement." The SBA has also learned that University Provost Greiner has voiced his discon- tent to the editor-in-chief of The Opinion for publishing details of the search for a new Dean, and is planning to write him a letter as well. The issue of -proxy voting most recently 6ame to the surface at the November 4 SBA meeting, where four such votes were cast in favor of a motion to reconsider funding for The Opinion. The motion failed in any case, but the Rules Corn- mittee recommended that the By-laws be amended so that no future proxy voting will be allowed. The motion passed 14 to 1. A two-thirds vote is necessary to change the By-laws. SBA Vice President Todd Bullard is still recovering from a heart attack. The SBA Parliamentarian determined that since neither Roberts Rules of order or the SBA Constitution say anything about temporarily appointing a replacement for an official who has not resigned (or been removed from office), no substitute for Bullard may be appointed. However, the SBA avoided the problem by creating a temporary new position of "Special Assistant to' the President" at its November 11 meeting. Leslie Shuman was appointed to fill this position. "We need another person to take care of all the work in the office," said SBA President Lori Cohen. Shuman will help out the SBA executive board in Bullard's absence, and will remain in the position until it expires at the end of the school year. Also at the November 11 meeting, Nancy DeCarlo, who was present as a representative of the Woman's Law Group, protested the radio advertisement of Casey's Night- club, the location of a recent SBA-sponsored party. The SBA agreed not to hold any more parties there, and at the following meeting agreed to send a letter to the owner of Casey's voicing its objection to the ad- vertisement. The last issue of The Opinion included the names of the three candidates the Dean's Search Committee is planning to bring to the University for interviews, and the times and places of open forums to meet the candi- University dates. Provost Greiner was contacted by Editor-in-Chief Victor R. Siclari after Siclari was informed that Greiner was upset with the dissemination of this information. In what Siclari characterized as manner, a "demeaning" Greiner chastized the newspaper for publishing this information. Apparently, Greiner believes that Dean candidates risk their current academic positions if it becomes known that they are seeking the deanship at Buffalo. Siclari reported to the SBA at the November 18 meeting that Greiner told him that this type of reporting was "stupid," "irresponsible," "lazy," and disregarding the candidates' privacy. The general consensus of the SBA was that it was Greiner who seemed to have acted in an irresponsi"slothful" for ble manner, and a letter to be sent to himwill beprepared and presented at the next meeting for approval. Several student organizations have yet to appear before the SBA this semester and report on their group's activities, as is required in SBA By-law #13. Failure to appear by the last meeting on December 2 will result in these groups being in violation of SBA regulations. At the most recent two meetings, representatives of the following groups appeared to make their By-laws 13 presentations: In the Public Interest; Women's Law Association; Amnesty International; the Environmental Law Society; the Law Study Civil Rights Commission; the Federalist Society; and the Right to Life organization, which is chartered by SBA but receives no funding. Local Law Firm Establishes Fellows Fund at U.B. by Krista Hughes The Buffalo law firm of Magavern and Magavern has donated to UB Law School $100,000 to establish the William J. Magavern Fellows Fund. The gift will be supplied in $10,000 installments over a period of ten years and is intended to encourage "special teaching and research projects," especially, but not exclusively, in the field of property law. UB Law School has already received the first $10,000 installment, but the individual recepient, to be chosen by the Dean, has not yet been deter- mined. In a recent memo to Law School faculty members, Acting Dean John Henry Schlegel stated that "all or part of the annual payment" will be used to supplement the salary of a single recipient, but there is a possibility that the grant could be divided between two or at most three recipients in a single year. For a single recipient, the award will be "the equivalent of a summer salary and possible associated travel and other expenses." In deciding who is to receive the grant Dean Schlegel hopes to "emphasize research projects, not other- Law students will be able to reserve the closed study carrels in the Law Library beginning December 9 and continuing until December 20. Reservations at the Reference Desk are on a first-come, firstserve basis starting at the Library's opening time (Monday-Friday 8:00 a.m.; Saturday 9:00 a.m.; Sunday at noon). The other, usual exam period procedures will also be in effect to promote a quiet environment In the Law Library and nearby areas. WW""' 2 "* """^ wise supported, that can be completed in a relatively short space of time so as to de- monstrate to the donor that we take this gift quite seriously." The donor, the Magavern Pool, Inc., represents a long- time association with UB Law School. The Magavern family has been supporting UB Law Law Day. . . and Legal Defense Association; Mark Pierce, staff attorney with the National Labor Relations Board Region 3 (NLBR); Nancy McCulley, staff attorney with Neighborhood Legal Services of Greater Buffalo; Lester Sconiers, a private practioner with the law firm of Sconiers & Sconiers of Niagara Falls, New York; and Oliver Young, a law assistant with the NewYork State Supreme Court (Erie County, New York). The student attendees were — School for four generations. William J. Magavern (1866-1945), in whose honor the Fund has been established, was both a student and a teacher at ÜB. He taught Personal Property Law here during the 1910's and '20's. Dean Schlegel remarks that the law school is "extremely pleased to be receiving this grant, and we can use it to improve the scholarship and conditions of scholarship here at a perspective of law school from three minority faculty members. Professor Charles Carr challenged thestudents to study hard, and not to lose perspective.. Professor ing skills as the singularly most important key to success at law given Judy Scales-Trent challenged the students to hard study and discipline. Professor Denise Carty-Bennia, visiting from Northeastern University of Boston, told the students that they can succeed at law school if they are willing to work hard. All of the faculty members recommended perfection of writ- the Law School." The Dean will be accepting proposals from faculty members and nominations until February 14, 1986 with a recipient to be announced soon thereafter. ... school. . continued from page I Finally, five currently enrolled law students gave the potentialrecruits a "tell it like it is," reality session on what law school is really like, especially with respect to UB Law School and the Buffalo Model. The student panelists were Michael Banks and Margarita Ramos from the Ist year class, Gregory Brown and Doris Carbonell from the 2nd year class, and Ed Peace from the 3rd year class. �Environmental Law Employment Opportunities by Jack Luzier Contrary to popular belief, the field of environmental law offers challenging, interesting and expanding opportunities for recent and practicing attor- will need competent legal advice on how to comply with recently promulgated standards. These regulations, although not well developed or considered tants at your disposal and that you "learn as you do." UB Law Professor Jeffrey Blum echoed this "learn as you do" attitude from his working neys. That was the encouraging message offered by four decidedly different attorneys at a panel discussion sponsored by The EnvironmentalLaw Society in the faculty lounge on November 20. For the fifty sudents that attended, it was a unique opportunity to discover what is involved in environmental litigation from a variety of perspectives. The discussion, which was chaired by Kevin Comstock, began with the industry sideof environmental law as practiced by David Roach of Blair and Roach. Roach noted that with the increase in environmental regulations in the last five years, many industries do or for "upfront" litigation, especially at administrative hearings. Blum pointed out that environmental law is heavily influenced by local and national politics and is often decided by which side is viewed as being more powerful. The lawyer becomes part of the larger struggle to maintain or overcome that more powerful faction, as with nuclear power. Conference speakers are (I. Roach. to r.) Lou Naugle. in his opinion, are rarely followed completely and therefore, when enforced, often lead to long negotiations usually resulting in pre-trail settlement. Roach observed that a technical background for a lawyer is not required since there are often many technical consul- JeffBlum, GeorgePain, andDavid experience with The Union of Concerned Scientists in NRC hearings on shutting down the Indian Point nuclear reactor. Professor Blum pointed out that working as a public interest environmental lawyers, although not always well paying can provide an excellent opportunity George Pain from the firm of Jaeckle, Fleischman and Mugel pointed out that much of environmental relates to more traditional legal subjects such as insurance, real estate, tax and labor law. He stated that a lawyer will often act as a case manager directing management and technical personnel as well as outside lawyers. Lou Naugle from the N.Y.S. Attorney General's Buffalo Of- fice found that environmental law dealt with a broad range of issues from airand water standards to criminal prosecution. He emphasized that working on the enforcement of laws often put him in the "middle" between citizen's groups and industry with neither being satisfied with a settlement. He also found environmental litigation to be influenced by politics, both internally and externally as well as involved with many "traditional" law areas. After theformal presentation, there was an opportunity for informal discussion over wine and cheese. For anyone at all interested in environmentallaw it was a rare chance to find out the "nuts and bolts" from those on the "front lines." For those interested in participating in future activities of The Environmental Law Society, just drop a note in Jack Luzier's mailbox #161. State Proposes Reopening West Valley Site by Jack Luzier, Environmental Law Society Will Western New York have a reopened nuclear waste repository in its own backyard? If some state legislators have their way, the defunct nuclear waste facility at West Valley, 30 miles south of Buffalo and upstream from the Niagara Frontier, could be receiving toxic radioactive waste in the near fu- ture. The history of storage of nuclear waste at the West Valley site has been a sad story of one failure after another of attempt- ing to contain radioactive mate- to rial underground. In the ten years that it was operating, there have been leaks of radioactive material into local waterways, flooding of the burial trenches requiring pumping of three million gallons of contaminated water, and erosion of the trenches. The waterways by the plant eventually flow into Lake Erie and the drinking water of most ofthe Niagara Frontier. The state licensed burial ground, which has been closed since 1975, contains so called low-level waste. However, due system, the trenches also contain 11 pounds of plutonium, one of the most toxic materials on earth. Since the burial ground has been closed for the past 10 years, the "low-level" non-utility waste from New York State has been shipped to Barnwell, South Carolina. However, the Federal Government passed the Low-Level Waste Management Bill which mandated that states develop a plan for disposing their own low-level vironmentalists support an above ground storage facility, because it can be easily monitored and wastes can be retrieved, the siting of such a facility at West Valley is not an acceptable option for numerous waste. reasons. an inaccurate classification The original proposal from Governor Cuomo would establish a "temporary" above The proposal for one storage facility at West Valley would mean that radioactive waste ground storage and incineration facility at West Valley by 1986. It also specified a siting and hearing process for the permanent storage of non-utility waste by 1989. Although en- (ontiiiucil 011 pufte 13 American Secretarial Service, Inc. 945 Ellicott Square Bldg. 852-0958 Word Processing Term Papers Resumes Reasonable Rates Student Discounts Quick Returns v' iifera "EKu"/ December 2. 1985 Opinion 3 �Financial Aid Update: FAF Form Due March 15th *yw;iMnPi«iin jiii liilmiiuii It's that time Of the year ttams are ctasang in, holicteys are right around the corner, and theThreat of a major snow storm has eveyone wondering ff they're prepared for another Buffalo winter. In short, you all have a million things to think about and here I am with the million and first thing to think about FinancialAidFor again — Next Year. I know it seems early to be thinking about next year (after all, this semester isn't even over yet), but it is very important that you take time to read fice at 232 Capen). YouMustfile a new FAF for each academic year. In other words, the FAF you filed for this year (85-86) is worthless after May and you must file a new FAF in order to be considered for any campusbased aid (NDSL and CWS) for 1986-87. The next thing to do, if you are a dependent student, is to try to get yourself independent on next year's FAF. As many of you have discovered, as soon as you answer "yes" to any of those questions pertaining to living with your parents for more than 6 weeks, parental support of over $750, and/or being claimed on your parents' this and take care of your financial future now! To begin with. Everyone should pick up a Financial Aid Form (FAF) for the 1986-87 school year. These forms will be available during the first two weeks of December at A&R, my office (Room 314), and at the Financial Aid Office (Hayes C on Main Street or the satellite of- tax forms you are considered dependent and a parent contribution will be used in calculating your financial aid eligibity for the coming year. So, if the only thing that's keeping you from joining the ranks of independents is that your parents claim you on their 1040, by Victor R. Siclarr In order to fill in the void created by SBA Vice-President Todd Bullard's absence, SBA everyone else, she hopes Todd gets better soon and is anti- ceived after the deadline. So, don't let yourself procrastinate on this one. Don't let yourself be a victim of bureaucratic deadlines. Make sure your FAF is in by the March 15th deadline No Excuses. Now, here's a helpful hint that you all should know. Financial Aid's deadline date marks the date by which your FAF must have been received and recorded by CSS. That means. Do Not mail your FAF out the day before or even the weekbefore March 15th because odds are you'll miss the deadline. Play it safe and get the FAF in 2-4 weeks before the deadline. I'm warning you now, mail service is always slowest when you wait until the last minute to make a deadline. The FAF, for those of you who have not experienced the joy of filling one out, will take some time to complete. You will need your (or your parents' if you are dependent) 1985 1040 to corn- — Fiimmial Aid Advisor Kuihy PeleranXelr/-John\tm. use the vacation to practice oral argument and convince them not to claim you-on their 1985 return. Now, the most important — Don't Miss The step of all Deadline! All FAF's Must Be Received And Recorded By The College Scholarship Service (CSS) In Princeton By March 15, 1986. Unfortunately, many of you discovered the hard way that the University has no mercy for students whose FAF's were re- plete the form. If you haven't done your taxes, you can estimate the tax figures and get the FAF in the mail. One note on estimating figures: Make sure you're close. Any major discrepancy may later come back to haunt you. If you are leary of estimating, you better check pay stubs, or get your W-2s as soon as possible so as not to delay filing. One last point on the FAF, be sure you pick oneup before you leave for break, but remember, CSS, cannot accept forms received or dated before January Ist. So remember that you now have a million and one things to think about. Financial Aid Forms for the coming school year are due in Princeton no later than March 15,1986. Mark your calendars, especially if you want to be considered for any College Work-Study or National Direct Student Loans for 1986-87. Shuman Appointed Special Assistant to SBA President President Lori Cohen has appointed Leslie Shuman as Special Assistant to the President with the approval of the SBA Board of Directors at its November 11 meeting. Shuman, a second-year law student, said the duties of her recently assumed position are undefined at this point. Basically, she said, "I will fill in the gap and help out wherever needed. I will do whatever the vice-president usually would do." However, she prefaced LatkO this with the statement that, like cipating his return. According to the SBA Con- stitution, duties of the Vice Presidentof the SBA are to "assume the duties of the President in his absence" and "be a member and chairman of the External Affairs Committee." Shuman noted the generality of the vice president's duties and how her position is similar in that she is to be an assistant to the president. Nevertheless, she said, "I am notreplacing the vice president, but will be tak- ing over his duties for the inI will help out Lori and terim. the other executive board members (Treasurer Jerry O'Connor and Secretary Colleen Rogers)." However, she will not serve as chair of the External Affairs Committee because she feels it should be reserved to the Vice President. Shuman also pointed out that she is serving exofficio, or without a vote. Shuman believes that this position may continue throughout the full academic year in order to help the other executive board members with SBA RESUME SPECIAL! FOR STUDENTS & FACULTY PACKAGE OF 50! Includes black Ink) • TYPESET 1 pg. RESUMES • 50 MATCHING BLANK SHEETS • 50 MATCHING BLANK ENVELOPES (SVixil, NOW — 3171 Main Street Buffalo, NY 1676 Niagara Falls Blvd. Tonawanda, NY 14150 834-7046 4 Opinion Dumber 2, 1985 14214 835-0100 being a part of what is going on in the law school. She is also looking to be able to promote feedbackand is willing to work on problems affecting the stu- law school. She also is attending SBA meetings and sitting in on student discussion panels. Shuman is looking forward to getting involved in SBA and dents. Shuman can be contacted either at SBA meetings or by leaving a message in her mailbox, #235. by Peter Scribner hale in a snappy new threepiece blue suit. "I had to buy newsuitsthisfall," he said. "My hotel room in Boston was robbed, but all they took was my dictaphone, my key ring and my suits!" Boston police are on the lookout for a 52 medium in baggy gray flannel. Joyce also reported that he will be teaching Gratuitous Transfers this spring, to the collective relief of all bar-loving seniors. He will also be instructing Tax II again. He is greatly enjoying his sabbatical work Professor Joyce Set to Return for Spring Classes Law School Professor Ken Joyce, currently on sabbatical in Albany, was sighted by several reliable sources at the Desmond Moot Court Competition. Joyce has been the advisor to the Moot Court Board for several years, and returned to act as a panel judge in this year's semi-final round. By the most remarkable coincidence, the grades for Joyce's Tax II class were posted just the day before, only six months after last spring's final exam. His Fall '84 Tax I grades simmered for ten months before being pbsted in October. Prof. Joyce looked hearty and with the New York State Law Revision Commission and expects to continue with them on a part-time basis next semester. Law School Yearbook Needs Student Support ranked in the top 20 in the nation should have a yearbook. I am seeking people who are „ willing to participate in this deavor. Whether experienced or inexperienced, the yearbook needs people who will solicit boosters from area vendors and law firms (a great way to make contacts), work on compilation of pictures, take photographs, or help organize orders and distribution. Right now, I am coordinating with Serendipity, who take the senior portraits, and Jostens, who print the yearbook, in an effort to strike a deal for price and a time frame. It is hoped that the yearbook will consist of 100 pages and a hard cover. There will be a section forfacul- erf CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE «5« NOW! Coupon must be presented, expires 12/31/85 Campueesl selection, the dean search and the physical condition of the by Victor R. Siclari Not since 1971 has UB Law School had a yearbook. However, myself and othersfeel that its absence has endured long enough and that a law school §g)E9§ Serving North & South matters. Right now, she is working on issues that concern most of the students, such as course ty, administration, student clubs, senior portraits and can dids. With luck and some hard bargaining, the senior portraits will be in color. Ifthatis not possible, then there will be some color pictures in the candid section. If all goes well, the yearbook will be out before the end of spring semester. A follow-up pocket part will includepictures of graduation and any other last-minute events. The price for the yearbook is estimated to be $10.00, contingent on the amount of money raised by boosters, SBA funding and/or administration backing. All those interested in work- ing on the yearbook or who have any ideas or suggestions about cover design, content, name of the yearbook (it was called "TheAdvocate" in years past), etc., please leave me a notice in MB #754. �Law Academic Dishonesty Procedures Explained The following "Procedures in Cases of Academic Dishonesty" are particularly pertinent with the advent of finals and seminarpapers due. This is an updated version passed by a large majority of the Faculty of Law andJurisprudence on April 12, 1985. ability to be fair and impartial. Decisions concerning disqualification shall be subject to review by the student members of the FSRB. Any knowledge deemed not to be disqualifying shall, however, be disclosed in the report made by the panel as required by section 4, below. 1. Duty To Report Every student or faculty member who has reason to be- 3. ADIP: Powers And Procedures Each ADIP shall upon appointment and receipt of the allegation of suspected academic dishonesty forthwith notify the student or students involvedof the subject matter of the allegation and the identity of the person or persons making the allegation and shall proceed to investigate the report. The ADIP shall select one of its members as the chair. In the course of its investigation, the panel may interview witnesses, including the person or persons who made the allegation and the person or persons suspected of academic dishonesty, examine lievethat there has been an unresolved instance of academic dishonesty shall immediately report such information to the Faculty Student Relations Board (FSRB) in accordance with the faculty's Standards for Academic Dishonesty Cases. (Exhibit A). Such report need not be in writing, and when made by a student, shallbe kept confidential until such time as the Academic Dishonesty Investigative Panel convenes. 2. Duty OfFSRB On Receipt Of Allegation Of Academic Dishonesty Upon receipt of any allegation of academic dishonesty, the FRSB shall appoint an Academic Dishonesty Investigative Panel (ADIP) within 7 business days or a reasonable time, whichever is appropriate. The ADIP shall consist of three qualified studentswho are chosen by lot from a list of twelve students (together with three alternates) provided annually to the FSRB by the Student Bar Association (see accompanying list.) A student chosen for an ADIP shall disqualify himself or herself if personal knowledge of relevant events or individuals jeopardizes his or her any documentary evidence, including a selection of exams or investigation with due dispatch. Upon completion of its investigation, the ADIP shall prepare and submit to the FSRB a report, together with any tangible evidence collected in the course ofits investigation. Such report shall detail in writing its findings with respect to the alleged instance of academic dishonesty, and, where appropriate, recommend a sanction in accordance with the faculty's Standards for Academic Dishonesty Cases. A copy of the report shall be furnished to the Recommendation The ADIP shall complete its (b) If the FSRB accepts the report in whole or in part, it shall so notify the person or persons accused of academic dishonesty and the person or persons making the allegation. Either party may within ten days request a hearing with respect to formal FSRB adoption of the report, as provided in section 6, below. If no such hearing is re- Student (Year) Phil Chamot (2) Jerry O'Connor (3) Lisa Roy'Baron (3) Vicky Argento (2) Dana Young (1) Kathy Tenney (3) Jeff Gibb (3) John Goldsmith (1) M.B.# 37 837 744 6 531 771 633 388 person or persons suspected of academic dishonesty and to the person or persons making the allegation. 5. Duties Of FSRB On Receipt Of Report From ADIP (a) Upon receipt, the FSRB shall review and evaluate the ADIP report and any tangible evidence submitted. Such evaluation shall be concluded within 14 business days of receipt, or within a reasonable time, if appropriate. During such time the FSRB shall by a majority of its members decide whether it accepts the report, returns it to the ADIP forfurther consideration, in whole or in Student (Year) Tom Roach (3) Lois Leberman (1) Shari Berlowitz (1) Susan Gass (1) M.B.# 742 430 306 379 Alternates: Cora Alsante (1) Fredericka Sands (1) Larry Basel (2) hearing under section s(b), or following a decision to conduct a hearing under section s(a), the FSRB shall expeditiously develop through the hearing process as complete a record as is possible, including a transcript of its proceedings where deemed appropriate. At such a hearing, the FSRB shall first receive in evidence all material submitted by the ADIP that investigated the alleged instance of academic dishonesty. It may in addition summon such witnesses as it may see fit to hear and examine any documentary evidence, including a selection of exams or papers where relevant and engage in any appropriate research. It shall summon and examine as well any witnesses reasonable requested by the person or persons making the allegation. At such hearing, no formal procedures shall be required, and no rules of evidence shall apply Faculty-Student Relations Board (FSRB) other written work where relevant, and engage in any other appropriate research, including the right to seek the advice of experts. However, no formal procedures shall apply other than competence and relevance, and no individual shall be represented by counsel or entitled to confront or crossexamine witnesses. Members of the ADIP shall treat any information received in the course of their investigation as confidential. 4. ADIP: Report And part, or, where appropriate, orders a hearing with respect to any aspects of the report that are not accepted. 199 488 12 quested, the report shall be deemed adopted by the FSRB and shall be directly transmitted to the Dean for such action as may be indicated. (c) The ADIP shall be discharged if the FSRB accepts its report as a whole, or after it notifies the FSRB with due dispatch that reconsideration of a report that has been returned to the ADIP will not produce additional information that would be useful in resolving the issue or issues contained in the allegations. 6. FSRB: Hearings Upon receipt of a request for other than competence, relevance, and privilege. The person or persons suspected of academic dishonesty and the person or persons making the allegation may be represented by counsel who may crossexamine witnesses to the extent deemed reasonable by the panel. 7. FSRB: Report After Hearing Upon completion of the hearing process, the FSRB shall prepare a report of its proceedings, which shall include where appropriate a summary of the evidence. By vote of a majority of the Board's members, the Board shall recommend a decision, including a sanction continued on page 13 £&& Pl« Wings & Beer^' ■HK P.J.s Wings are the Best! Jg^* "(■ I) \jmJL ji ONLY 10<: FOR JUMBO WINGS j No "buy one get one free" "* ' r>'>sSi -,ust P lain& straight—lot each. Beer Specials Every Night Jf* jf, $2.75 pitchers till 11:00 with coupon P. J. BOTTOMS FOOD - BOOZE - BOOGIE 3270 main street buffalo, n.y. 14214 833-3270 December 2, 1985 Opinion 5 �1929 U.B. GradReflects on Law Career by Timothy J. Burvid Few people in the legal pro- fession have practiced law for as many years as Leonard J. Brizdle, a senior partner in the firm of Gross, Schuman, Brizdle, Laub, and Gilfillan, and a proud graduate of the University of Buffalo School of Law, Class of 1929. As an attorney for over 55 years, Brizdle has observed remarkable changes in the field, and relates his experiences over the last half century as easily as he rattles off what teachers he had for which courses, and when they met. A lifelong resident of Buffalo, Brizdle began as an undergraduate student at UB in 1924, graduating after from Layfayette High School where he led his basketball team to the state championship. Although a Bachelor's degree was not necessary to enter law school in those days, Brizdle explained that he wanted to get a degree in the liberal arts first. Within two years, however, he decided to get married, and felt it best to accelerate his education by forgoing his final two years of undergraduate studies, enrolling directly in law school. Interestingly, his wife, Eleanor, a student of social work at ÜB, had to petition the Dean of Women, Dean MacDonald, for permission to get married. Brizdle attended the law school in its first Eagle Street facility, a converted home. The school had one main faculty member. Dean Alden, who taught a course simply entitled "Practice." Except for one other remaining courses were taught by lawyers, including Adalbert Moot, and Philip Halpern, who later became Dean, and with professor, the whom Brizdle served his required one year clerkship upon graduation, before opening up his own office on the day he passed the bar. Tuition was two hundred and fifty dollars a year, and Brizdle, like many law students, used to clerk while attending school. "I also used to serve papers for one firm who used to put up a blotter in the window if they wanted me, and I'd see it on my way homefrom law school," he recalled. He received one dollar for each service, but remembers one night when he started out with twenty papers, and crisscrossed the city without serving a single one. He remembers that there were very few women in law school in those days, "maybe one or two." He noted however, that "some of the smartest lawyers today are young "Just because a person's name is in the Yellow Pages, doesn't mean that he is a good lawyer." I understand," citing Supreme Court Justice Dolores Denman as an example. Brizdle explained that there wasn't nearly the volume of material to be mastered back then. While his friends in Medical School spent many hours "burning the 'midnight oil' and memorizing every muscle and nerve," law students "had logic women, and the case method, where you got training in legal thinking," he said. He recalls that people used to say "If I don't know what the law is, I know what it should be." Today, the "logic of the law is disappearing and you have to memorize; maybe that's why law students are considered smarter these days, "he theorized. He recalls having talks with Dean Jack Hyman about the importance of practical training as a part of a law student's education. Hyman felt that law students could get that experience after graduation, while Brizdle believed that "you should learn both the law and how to practice law, so you couldopen your own office the day you got your license." Unfortunately, "it's becoming impossible to do that; the expense alone precludes young lawyers from starting out on their own." Brizdle got his own start during the Depression, and although things were difficult, often "taking from Peter to pay Paul," he and his family survived. "I remember a very prominent person I knew, who jumped out of a window the day the stock market crashed," he noted. Work was difficult to get, and "some lawyers used to get up, get dressed, leave their West Side homes, change clothes, and sell apples in another part ofthe city. One law firm announced that it was laying off 30 lawyers, and that none of the partners had drawn any money from the firm for three years," he remembered. During World War Two, things were again difficult, and many lawyers worked in war production plants at night. Others went off to war. Brizdle was too young for the First World War, and was too old, by one month, for the Second. He says he often wonders how the experience of military service would have influenced his life. Brizdle's first clients were neighborhood businesses like his grocer, his druggist, and his gas station, businesses that are mostly operated by chains today, with their own counsel. Lawyers also met clients through fraternal organizations such as the 12 thousand member Fraternal Order of Leonard J. Brizdle and hisfaithful secretary Monica Cochrane. Eagles where he served as Pres- organizations were heavily motivated by charity and social work, but "since the government took over and is doing a better job," such places folded, and one source of business disappeared. Another lucrative source of business was ident. Such prohibition cases, representing bootleggers. These avenues don't exist today, Brizdle explained, when the only way to get started is to join a firm and work your way up through the ranks. Fortunately, for lawyers, "government has expanded its control and effect on our individual lives, so there's a big field in administrative law and with government agencies," he noted. Still, "there are a multitude of lawyers, not a cohesive group as in the past" he said, "when all the lawyers used to be downtown and met at night," to talk shop. "The Iroquois Hotel Bar and Laube's Old Spain were great meeting places," he reminisced. "There were always five or six lawyers there, and we'd sit and exchange ideas about cases and practice." He also explained that with less lawyers, "your word was good, and you didn't have to reduce Record Ratings Are Counterproductive Commentary by Dana Young What better way to arouse curiosity and increase the sales of once obscure albums then to slap them with an "R" or "X" rating? Thanks to the Parents' MusicResource Center (PMRC), teenagers have one more thing to "get away with" and curious adults one more thing to "get Gore became the kingpin for the PMRC after buying the bestselling Prince album "Purple Rain" for her 12 year old daughter. She was "shocked" when she heard the wordsjto "Darling Nikki," which describes Nikki as a"sex fiend" who masturbates with a magazine in hotel lob- bies. off on." Instead of wondering who sings sexually explicit rock songs, we can now read on the front album cover, "PARENTAL GUIDANCE: EXPLICIT LYRICS." And instead of straining to decipher the garbled lyrics of orgasmically screaming rockers we can turn the album over and frame the lyrics if desired. Fearful that the impressionable youth of America would emulate such suggestions, Gore amassed a file of raunchy rock songs, video, clips, and followers. Their mission: "to get the music world to clean up its But that's not all; it may not even be necessary to finger through every last album rack searching for these juicy gems. If the PMRC prevails, labeled albums will be grouped separately in record stores. So much for obscurity. What started all of this nonsense? A conservative, albeit idealistic, group of women from the posh suburbs of Washington D.C. Leading the "well-connected pack of people" are Susan Baker, wife of Treasury Secretary James Baker, and Mary Elizabeth "Tipper" Gore, wife of Senator Albert Gore (D-Tenn.). noxious stuff is being sold to very vulnerableand susceptible children." This smacks of the same sentiment, however, which occured over Elvis' Pelvis and the rock and roll movement three decades ago. Since its conception, sex has been a part ofrock and roll and the controversy which surrounds it. The term "rock and roll" was derivedfrom the early 50's phrase "rockin' and rollin'." This did not refer to the Twist or the Hop but to the motions kids did in the backseat of 6 act." The PMRC contends that parents need a warning about what their children buy. Baker sums up group sentiment, "This ob- Daddy's Chevy. Country music legend Jimmy Rodgers sang these "offen- Opinion December 2,1985 sive" lines in 1931: "And if you don't wanna smell my smoke/ Don't monkey with my gun." In the same era, Variety judged titles of the songs "Hoochie Coochie Man" (not about a man tickling babies) and "I'm Gonna Shave You Close" (one of the kinkiest songs ever put on vinyl) as too suggestive to print. The outcry raunchy rock is not new. Even if today's teen is too inundated and jaded with sex and violence, the PMRC is wrong to think labeling albums is the answer to this problem. Such a policy is laden with futile idealism that if one labels all violent and sexually explicit albums and relegates them to a dark corner of the record industry, teenagers won't be influenced by their raunchy lyrics, and they will be better people. Causality hasn't been established. Social scientists haven't shown that listening to violent or sexually explicit rock lyrics will encourage people to go out and become nymphomaniacs or bad-ass Hell's Angels. Nor will they ever draw a solid connection. The problem behind deviant behavior is much larger and more complex. The PMRC is providing an answer to the wrong question. Like other forms of regulation, rating albums will probably be counter productive. The PMRC has given national atten- tion to the groups they wish to censor, and it would be no surprise to find sales of Prince, Twisted Sister, and other "labeled" albums increasing. Face it mom, SEX SELLS and rules are made to break. I was 11 years old when the book Jaws was published; my father let me read it, but he stapled Chapter Six shut. Every single edge was lined with staples so I couldn't peak between the damn pages. He said there were certain things unfit for girls my age to read. Naturally, I went to the library, sat in the corner, and read Chapter Six with excruciating precision, devouring every "unfit" word. I just had to read what was deemed unreadable. If Jaws had not been at the library I would have found it somewhere else. By rating albums and encouraging that they be "stapled shut" from the ears and eyes of "vulnerable" teenagers, the PMRC has invited an escalation of the very behavior they wanted to prevent. Tipper, DO YOU KNOW WHERE YOUR CHILDREN ARE? They are sneaking X-rated albums on the Bang & Olufsen turntable, listening intently for the sexually explicit lyrics, and growing up to be future politicians. everything to writing." We used to hear stories about NewYork City where you couldn't trust anyone," something he said is "pretty prevalent" here today. Another product of the prolif- eration of attorneys, advertising, is one innovation that Brizdle isn't particularly fond of. "Just because a person's name is in the Yellow Pages, doesn't mean that he is a good lawyer." The material need for money has encroached on the professional attitude where a lawyer felt he had a duty to help a client, not just wait on him as in a supermarket. "If you want a good lawyer, you ask someone for a reference, based on their reputation." Clients don't escape his criticisms, however, and Brizdle advises young lawyers that "whatever your relationship with a client, always deal with him as a potential plaintiff in a malpractice suit," adding that malpractice used to be something that was "unheard of." Brizdle also advises young lawyers about the importance of being "street smart," and getting exposure. "I don't give a damn how much education you've got, if you're not street smart. "If you've spent all your time with your head in the books, getting straight A's, when you graduate, you still have to ask yourself questions about who you know, and where you're going to find business." Over the years, Brizdle's practice has thrived, but he points out that he still has original clients from his Order of Eagles days. He is also a past president of the CommericalLaw League of America. He described his practice as a "practical, efficient, five and ten cent store, that occasionally made a Sak's Fifth Avenue Sale." Although he spends several months per year in Florida, he says he has no intentions of retiring from a life he so obviously enjoys. He also credits his dedicated secretary of 40 years, Monica Cochrane, as invaluable to his success. The best secretary always catches the boss's mistakes, he joked. He also noted that "Monnie" probably remembers more about the cases of the last forty years than he does. Perhaps the greatest testimony to his success, however, is a plaque that 12 young associates he's helped over the years recently presented to him. The plaque reads; "The following alumni hereby extend to Leonard J. Brizdle their heartfelt appreciation for his training and guidance in the early stages of their own law careers, which have contributed immeasurably to their success in thepractice of law." �The Public Sector Diane Dean How to Find a Public Interest Legal Position Public interest employers don't come to you, which experience shows is one significant reason why studentsdon't try to secure public interest legal employment. The firm courtship period at the beginning of second and third year of law school offers students the security of knowing they'll be working at a law office the next time school lets out. Harvard, in fact, asks firms which offer jobs to third year students to hold the offer until public interest agencies recruit to give thestudent the opportunity to make a clear choice between public interest work and private work. Harvard graduates can afford bargaining with firms on these terms. Most other law schools cannot. The few public interest employers who do recruit in the fall help law students who feel they need that security of knowing they have a job. These employers tend to be the larger government agencies and District Attorneys' offices. These agencies have an established yearly budget, unlike civil rights advocates, for instance, who may win a large case with an award of attorneys' fees one year, but then go for two without a major victory in court. If you're patient by nature or are someone who is a diehard public interest type, the wait until spring can be well worth is scarce so jobs are scarce as well. But they are there, you can find them, and you can get hired into one of them. The Job Search The very best place to start your public interest job search is with your contacts. Over the upcoming semester break, call on your old professors or previous employers and tell them what you've been doing in law school. Ask them if they have any ideas of who you might contact for a summer or fulltime position or if they know of specific hiring needs at agen- cies. The public interest handbooks from NYU, University of Virginia, and Harvard all stress that contacts are the single most important first step to securing the job you want in public interest work. This emphasis is probably reflective of the attitude which prevails among public interest employers they want people whose personal commitments to the pub- — lic welfare are strong; therefore, they weigh personal references as high, or higher, than one's academic achievements. If you haven't already done so, use the break to update your resume. Contact profes- sionals you've met at conferences, during your clinic work, or at other academic gatherings. Visit the fourth floor CDO reference area in the library, it. The Executive Director of the New York Civil Liberties Union didn't get his first job out of law school until the day before classes ended in his third year. He went on to Atlanta, Georgia to file cases on behalf of people who later became major figures in the national ci/il right move- and the third floor CDO offices for background information on ment. And write letters. Don't burn out on the letter writing, Public interest work can offer not only great opportunities to get into the thick of social change, but can be more varied than private firm work, allowing you the freedom to be creative in what you do as a lawyer. Public interest work includes working in areas of environmental issues, consumer protection, human rights, women's rights and criminal appeals. While this list is by no means exhaustive, it is a sampling of the focus many public interest advocacy groups take. A 1980 study indicated that 4% of all lawyers were em- ployed in government agencies and 3.5% worked for special interest groups and legal aid public defender programs (this number includes non-"pub(ic interest" groups such as trade associations). This small percentage not only reflects the level of interest attorneys show for using their skills in representing traditionally underrepresented people, it is also a clear reflection of the financial standing of the public interest employment market. Money to pay attorneys who can help citizens implement the law, or defend their rights under the law groups you may want to work with. Peg the organizations for which you'd like to work, and the geographic areas you'd like tual job openings or speak with students about the work their agency does. Similar to the procedure for the New York and Washington, D.C. firm interview programs, students will submit a resume to each agency with which they would seriously consider working. Agencies will screen the applicants, and call the CDO with the names of people they'd like to interview. A major difference between this interview program and the procedure firms follow is that when the agency calls with the list of names of interviewers, they will give us the scheduled interview time for each student. In essence, there is no opportunity to withdraw your name once you have been offered an interview unless you contact the employer yourself. Students may be scheduled for interviews on one or both days, depending on the schedule of the employer. You may attend the ongoing panel discussion between interviews. Transportation and/or accommodations may be coordinated if there is an apparent need. Students on the public interest mailing list will receive further information on this at a later date. Last year, the following agencies were among those which interviewed students: Advocates for Children of New York, InternationalTrade Field Office, NYC Department of Finance, Housing Advocates of Ohio, New York Lawyers for Public Interest, and Community Law Offices of New York. Since very few public interest employers or government agencies can afford to conduct on-campus interviews at all the law schools in New York, this once-a-year gathering offers students and employers alike an opportunity to save money by meeting all at once. If you're interested in public interest work. Plan on Attending\ Other Employment- selffor help. Search Tools In addition to the ideas already mentioned, the CDO offers a variety of materials on job placement. A most useful place for first-and second-year students to look is the questionnaires returned to UB by employers who offer summer placements on an annual basis (labeled "1984-85 Employer Questionnaires"). Students seeking full-time work can refer to these binders as well. However, 1985-86 job questionnaires will not be returned for a couple of months. While the openings listed are for last year's full-time openings, they will give you an idea of who was looking for employees, the salaries offered, and where the needs seem to be fo- — cused. Some alumni have said they'd be willing to help stodents if they can. The Association of Women Law Students compiled a binder of women graduates who returned questionnaires as well, and would be willing to be contacted in the future by UB students. A list of alumnae in a specific geographical area can also be accessed if you ask someone at CDO or my- to work in (be adventuresome students have fallen in love with Chicago and Oregon). Monthly copies of the Clearinghouse Review, Community Jobs announcements, and the Public Interest Clearinghouse (listing jobs primarily in California) are in room 307 and on the 4th floor of the library. Three summer internship programs are offered to students interested in public interest work. The Buffalo Public Interest Law Project, the Law Students Civil Rights Research Council, and the National Lawyers Guild all offer placements at various public interest groups around the country. Applications for LSCRRC are here and can be picked up at the CDO. They are due back either at the end of exams or the first day back at school in January. Announcements regarding the National Lawyers Guild and BPILP internships will be forthcoming. One last note if you do nothing else over the semester break, pull your resume together. It will save you time next semester when the call for resumes for the Public Interest Law Symposium is announced and may even get you an interview which would have been missed because you were unprepared. Stop by the CDO or the Graduate Assistant's office in Room 627 for advice on writing your resume and attend the CDO panels on resume-writing as well. Diane Dean is the Graduate Assistant for Public Interest/ Public Service Careers. — CASEY'S NITE CLUB presents though, or it will show. Write onlyto those agencies which do the type of work you have experience in, you can enthusiastically convey an interest in, or your contacts have suggested may suit you. ThePublic Interest Symposium The Public Interest Law Sym- posium in New York City has been called the single most important event which students who are interested in public interest work should attend. Held at Fordham University in New York City this year, the symposium brings together public interest employers and students to interview, both formally and informally, for full- time and summer positions. Panel discussions on public interest careers are conducted as well. Many students from UB received job offers as a result oftaking part in the symposium last year. This year it will be held on Thursday, February 27 and Friday, February 28. At the beginning of next semester, the CDO will publish a list of agencies participating in the symposium which will either interview students for ac- GRADUATE GROUP ON HUMAN RIGHTS LAW AND POLICY presents APARTHEID: CAN INTERNATIONAL LAW AND THE U.S. MAKE ANY DIFFERENCE? a presentation by CLAUDE WELCH Professor of Political Science TUESDAY, DECEMBER 3, 1985 3:00 5:00 P.M. O'BRIAN, ROOM 210 • - I THURSDAY NITE . I V COURT A fine of $4.00 at the door will get you unlimited draft beer and bar drinks until 1:00 A.M. , »» «Hors d'oeuvres will be served at 12:00 midnight. if -are jg -ar- Tag ■» J*■ ~3 Jg- From 1:00 A.M. to 4:00 A.M. there will be $1.0.0. bar drinks, 500 drafts and 3 shots of any schnapps for $1.00 ATTENDANCE WILL BE TAKEN. Ajf ,* 421 Kenmore Avenue December 2,1985 Opinion 7 �. ! OPIMON-β! , President's oc-Corner unity on Hello. Many things have curred since I last wrote for the paper. As you all know, Todd has been hospitalized for almost a month now. At Monday, November 11' a meeting, the SBA Board of Directors approved creating and filling the position of Special Assistant to the President. Leslie Shuman, a second-year student, was approved by the board. She will fill the temporary void created by Todd's illness a void which required filling. Feel free STATE UNIVERSITY OF NF* TORX AT BUFFALO SCHOOLOF LAW Volume 26 No. 6 December 2, 1985 Victor R. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J. Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Editor-in-Chief: Layout Editor: Keviti O'Shaughnessy Production Editor: Charles E. Telford ContributingEditor: Peter Scribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, John Lapiana, Jack Luzier, Jerry O'Connor, Amy Sullivan. Contributors: Lori Cohen, Mario Cuomo, Kathy Peterangelo Johnson, Roy A. Mura, Willie J. Wheaton, Dana Young. Copyright 1985, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is thestudentnewspaper of the State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. ■'•■ Composition and Design: Words and Graphics, Inc. Editorial — to talk to her in addition to myself if you have any problems or questions. On November 8,1 met with a representative from eachof the SBA groups. We decided to write a letter to UB President Steven Sample concerning the general status of the law school. Lisa Roy and myself will present the letter to the same group on November 21. Each head of an organization will sign the tetter to show stu- • this issue. On November 11, a group of five students, representing all three classes, met with Acting Dean Schlegel to discuss our concerns. He shared all of these concerns, but saw money as a dent primary obstacle. That evening, at our weekly meeting, the SBA decided to look into sending a group of students to lobby the legislature on behalf of the law school. If anyone has any ex- perience in lobbying, please leave a note in my box (#597). Our party at Casey's was a huge success, although there were some problems beyond our control. The lack of food concerned us, in addition to Casey's most recent ad depicting a blond bombshell exploding. Numerous students, male and female, complained about the tenor of that ad and a letter has been written citing these problems. The SBA will not itself sponsor another party at Casey's, nor will we encourage Lori Cohen other groups to do the same. At this point, with the raising of the drinking age, the market favors graduate schools because of the students ages. We will use that favorable position to choose an establishment we wish to support. At the November 18 meeting, the board proposed a resolution supporting The Opinion's policy of publicizing the names and a small amount of biographical data of prospective dean candidates in the newspaper. Provost William Griener claims that this is a violation of confidentiality, ignoring the fact that the candidates meet the students in a public meeting. Even more important, the students have a stake in the new dean, perhaps more than any other group, and should have some information. A party is going to be planned for the last day of classes so look for the advertisement! Thanks, Lori. — Newspaper Will Not SBA Condemns Bar's Advertisement — I Submit to Gag Order Dear Mr. Vincent Tracey, Owner Casey's Nite Club The public's right to know of events of public importance and interest is the overriding mission of the mass media. Code ofEthics Society of Professional Journalists — Recently, a high-ranking University official condemned the publicity The Opinion gives to dean candidates visiting UB Law School. The administrator declared itis a violation ofthe candidates' right to privacy and an invasion of matters concerning family and occupation. There may be a legitimate concern that faculty and administrators of the dean candidate's school will react adversely if they learn that one of their colleagues is applying for the position of dean at another law school. However, we feel that our publicizing and reporting on dean candidate interviews does not pose such a threat. Furthermore, the real and present interests of the students at UB Law School outweigh the imagined and remote claims of invasion ofprivacy. This law school is under the aegis of a public university, thus triggering a certain amount of disclosure in the selection of its public officials. Since these candidates have made a voluntary, affirmative and conscious decision to seek the position of dean at this school, they have accepted the school's invitation to be publicly interviewed by students. Any assertion-of a right to privacy has vanished at this point. In addition, there is no indication that the privacy of the dean candidate is paramount and compelling, since the interviews with the students are not cloaked with secrecy nor treated as confidential discussions. Furthermore, in most cases, the candidates' best references are their current employer and colleagues. Surely, someone among the dean candidates' own ranks will be told of or discover the candidate's external employment pursuits. In fact, this internal risk is more real than the assertion that an article in The Opinion will disclose the candidate's activities to supposedly unknowing faculty and administration, particularly when circulation is limited to the law school and the local legal community. As the law school's newspaper, it is our right as well as duty to communicate any public information about these candidates to the students, especially the time and place of the meetings. This newspaper recognizes that the candidate interviews with the law students are not scheduled at the most convenient time. Some students have classes, others have jobs, and still others have commitments to family and preparing for finals, all of which may prevent them from attending these meetings. This is why we report information volunteered by the candidate to student inquiries during the meetings. The Opinion is the best vehicle of communication because of its ability to convey first-hand information and dedication to journalistic requirements of "intelligence, objectivity, accuracy and fairness." To leave the communication of facts up to word of mouth would lend itself to subjective interpretations and inaccurate information. We feel our policies are justified and will continue to provide a free flow of information to the students. 8 Opinion December 2,1985 Good Afternoon. am writing to express my thanks and concerns pertaining to the party the Student Bar Association sponsored at your establishment on Thursday, November 7th. The party was well attended, and a good timewas had by all. Generally, the atmosphere was pleasant and the employees friendly. There are several problems. We were promised unlimited bar and food for the admission fee. The food was to consist of hors d'oeuvres: wings and pizza. Unfortunately, two buckets of wings and four party pizzas does not, nor ever will, comprise unlimited food for well over one hundred people. Additionally, instead of the agreed upon midnight delivery of the food, the very limited food arrived at approximately 12:45, when the open special was about to end. The second problem concerns an advertisement your establishment is running on the radio. As I pointed out to you on the evening of the party, law students on thewhole are more sensitive to the possibility of a discriminatory message in advertising. Many law students, male and female, recognized that message in your "blond bombshell" advertisement. We have decided not to sponsor another party at your establishment, nor will we encourage other groups to do the same, until that particular advertisement, and others like it, cease. Thank you and I hope we can settle this situation to the satisfaction of all involved. Lori Cohen Student Bar Association President An Open Letter to President Sample Dear Dr. Sample: Good afternoon. As concerned representatives of the law students at Buffalo, we feel it is imperative to bring several neglected issues to your attention. Your State of the University Address was devoid of any mention of the law school, which leads us to believe that you may be unaware of these concerns. We feel it is our duty to the law students to address these problems. First and foremost is the position of the law school in the University. As a nationally ranked, top 20 law school, and the only one funded by the State of New York, we believe we are unique. We are a thriving, nationally known institution; our alumnae are spread across the nation, causing our reputation to grow immensely in the past five years. As such a national institution we, more than any other program on campus, meetyourdesire to become much more than a local university. Yet, instead of utilizing the law school to benefit your projection of a national image, with small costs to you, the law school is removed from your plans and your focus. Your State of the University Address made this quite clear. There are very few material things necessary to piece together a quality law school. However, intangibles such as atmosphere, academic freedom, and administrative support are central to the development of a top rate legal program. The development of our law school is being hampered by this University Administra- tion's disinterest. Our building is in disarray, with a flood emerging on the seventh floor anytime it rains. Our library is one of the best in the nation and yet remains the only library on campus without a word proces- sor. Additionally, the facilities are also suffering from the over-use of undergraduates. Our Moot Court room has become a shambles because of the exclusive use of undergraduate classes. Furthermore, we have lost total scheduling control of three other classrooms in our building, making the reschedule of make-up classes and student group meetings impossible. We feel that you have set the tone forthe University by ignor- ing our voice and concerns. We believe we have special interests and in many ways the needs of a law school are much different from those of any other program. Our law school is over-run by outside concerns, stripping us of our identity and leaving us with no sense of community. We would appreciate it if we could set up a meeting with you sometime in the near future to discuss these problems and concerns. We eagerly await your reply in care of theStudent Bar Association. This letter was signed by the leaders of the law school's 19 student organizations. Lecture Series Continues Dear Editor: Thank you for your terrific coverage of the first lecture sponsored by the Buffalo Law Review Contributors Lecture Series. The lecture series is designed to feature law professors whose works are to be published in the Buffalo Law Review. In addition to Prof. Charles Ewing, whose article dealing with the'prediction of dangerousness among juveniles shall be shortly in print, the following professors have accepted the Review's invitation to publish their studies in forthcoming editions. We hope to sponsor lectures by each of them relating to their articles early next semester. Prof. Guyora Binder, The Dialectic of Duplicity: Treaty Conflict and the Contradictions of International Law and Politics, 34 Buffalo Law Rev., Issue 1. Profs. Barry Boyer and Errol Meidinger, Privatizing Regulatory Enforcement: A Preliminary Assessment of Citizen Suits under Federal Environmental Laws, 34 Buffalo Law Rev., Issue 2. Atleson, Prof. James Obscenities in the Work Place: A Comment on Foul & Fair Expression and Status Relationships, 34 Buffalo Law Rev., Issue 3. Please note that the newest volume of the Buffalo Law Review, which includes Prof. Ewing's article, shall be available shortly for purchase in the Law Review Office, 605 O'Brian Hall. Thanks for your kind coverage and the fine job that you and your staff have been doing on The Opinion this year. Very truly yours. Spencer G.Feldman Chairman, Buffalo Law Review ContributorsLecture Series �The Boy Mechanic Chapters have to be read in every class. Seminar papers have to be written. Your bank account is at its lowest ebb. When the going gets tough, you're apathetic. These are the bluebook blues. Exam anxiety begins in early to mid-November. (This does not apply to the anal retentives who brief every case. These people are eternally in the grip of exam anxiety; they also finished their outlines while most people were celebrating "The Bluebook Blues" pany exam anxiety. The combi- ing clothes dry are good exam- nation can be deadly. You are nervous about upcoming exams, but you are so far behind you've become apathetic. The symptoms are easy to 3) All conversation focuses on the amount of work you have to do. These "thrilling" conversations usually begin with, "Talk to me so I don't have spot: 1) You make a special trip to the library to study, but spend hours reading magazines and It takes three months of bla- tant irresponsibility to fall this far behind: five days of "work" (in between relatives, football and pumpkin pie) will not be enough. There is a remedy. Take the phone off the hook. Unplug the televison set (for some, this is from there. 4) You begin to feel guilty about having a good time. Even the most hard core party machines have become neurotic. Once alcohol fails them, 2) Any activity unrelated to law (even ones you don't nor- mally like) becomes fascinating. Cleaning your room, talking to your parents, and watch- The bluebook blues accom- vation. to study ..." and go downhill newspapers. Halloween). bluebook blues is Thanksgiving. Thanksgiving isn't a holiday; it's a mirage. People believe those five days (some can stretch it into a week, but it's no use) will be their academic sal- ples. they act desperate. The worst part of the . Kevin O'Shaughnessy they drastic measure might want to start by turning the set off and then work towards unplugging it). Lock yourself in a room, and pick a law book and start reading. If you are unsure which book to choose, pick the book that looks closest to brand new. If a book still has the cellophane on it, it a is an immediate first choice. Remember, it's not hopeless. Once a semester, this law school is the home of the world's most popular method of transportation: the Q train. Commencement Committee Questioned Howe Praises Opinion Dear Editor: to help— so what is she complaining about? Well onething I am complaining about is process. I may not have any objection to Gina being the head of the. commencement committee; I think she is not only intelligent and nice, but also an extemely capable organizer. What I object to I was, going along my clumsy way through the semester, happily using the few Here empty spaces in my insane schedule to dream about Commencement and the way I would like it to be. As the semester went on, a tiny worry began to nag at me from the back of my mind. Hmm, I thought, why haven't I seen any signs up for a Commencement Committee; it seems like one should be getting started by now... Well, before that worry got big enough for me to actively look into, my question was answered last weekwhen a survey appeared in my mailbox. Who should it be from but The Commencement Committee! What Commencement Committee, I thought. When was it formed? How was it formed? I saw Gina Peca's name on the bottom as someone to contact for more information; well that's nice, I thought, but how did Gina get on this mysterious committee? Who else is on this committee? That questionnaire sparked a lot of questions for me and also a certain amount of anger and frustration. There are a lot of things I don't understand. this world and who would have few years ago; she was excellent. I have another suggestion: must we all either wear caps and gowns or all not wear caps and gowns? Would there be is the way it was done. The other thing I am complaining about is that I do think a certain amount of harm has been done. Although perhaps no actual decisions have been made as yet, the survey has served to narrow ourfocus, particularly in regards to a keynote speaker. Once one has a list of people to choose from, one tends to choose from among that list. Once there is a list, we begin to debate the merits and weaknesses of those presented on the list, rather than thinking ofothersoutsideof the list. Several friends have commented to me already that it was easier to just check a name on the list than to try to think of someone else. Had we been presented with an open question, however, the ideas would have I from the questioning of me by vid did in his article about me in the October issue of The Opinion. First of all, he reported not to be taken for accurately granted in print journalism these days. Second, I believe he conveyed some of the spirit, or at least emphasis, that is difficult to put in print, especially as reported on my remarks about my academic work. Third, I believe that the article "reporter" Tim Burvid did a fine, fine job, and should be recognized for it. Yours sincerely,, — any problem with letting each person making his or her own choice about what to wear on that important day? Is there a reason to require conformity? Some of us doubtless care little or not at all about this graduation ceremony; others of us present its outcome. Probably not everyone will be satisfied; one way to make more people THE IST ANNUAL END OF THE SEMESTER PARTY Location: Centre House Tavern 1880 North Forest Road, Amherst (Turn right at the intersection of wants. Another way to make people happy would be to try and push Millersport Highway and North Forest) Date: Wednesday, December 4, 1985 Time: 3:30 - 7:30 Includes: D.J., All You Can Eat (Wings, Pizza and Cheese & Vegetable Spread) 600 Drafts, $1.00 Bar Drinks back the limits that have already been set on these decisions and expand the dialogue. Susan Tamar Berkow Thanks Go To Moot Court All for only $2.00 to a quick and complete recov- To the Editor: I would like to thank publicity those who made this year's Moot Court Competition an en- ery. Randy Fans: Randy, you did an outstanding job subbing for Todd on five days notice. You and your family should not only be proud of your accomplishments, but also proud of the fact that you stepped in out of friendship. I cannot think of a more noble gesture. I owe you! Moot Court Board: I want to joyable experience: H. Todd Bullard: Buddy, you literally gave your heart and soul to the competition. You are and will be an absolute pleasure to work with, and I cannot wait to see your bright smile in O'Brian. God bless, and here's — job, producing appropriate pictures and selecting one for the SBA and the Commencement Committee everyone wear what he or she asking, "Are they lawyers?" I ask, "Does it matter?" They are human beings people who try to make some sense out of P.S. Your photographer Paul Hammond also did an excellent many expectations regarding happy just might be to let few alternative suggestions: Howabout Alice Walker, author of The Color Purple, for a speaker? How about Ellen Goodman, syndicated columnist for the Boston Globe? (For those of you who are now/ Barbara Howe Associate Dean was extremely thorough, both article. care a great deal and have been flying. In an attempt to widen our focus somewhat (and, admittedly, to air some of my own preferences), I will throw out a don't understand *why we weren't all invited to join this committee from the beginning. I don'tunderstand why it wasn't advertised like anything else. I don't understand these things, and it bothers me. Probably at this point many readers' are saying, what's the big deal? What harm has been done?The committee is asking for our opinions and inviting us Dear Editor: I just wanted to let you know Mr. Burvid and in his reporting what an outstanding job I be- of same in the article. lieve that your writer Tim BurIn short, I believe that your something meaningful to say.) I heard Ellen Goodman give a Commencement address at the University of Pennsylvania a — BE THERE! thank you for running a great competition, which all enjoyed. I will never forget your fairness, support, and understanding. Various others (primarily the Section 7 "Animals"): Your support and care further solidified our already strong ties. I love each and every one of v? u - Sincerely. Jay Lippman, Class of 1987 ELS Welcomes New Members xm- maosiLY-camviP offices 9F me nwuviut urnvcRsiTY YArncs «, uttue CHHPTBR PMSWEUT HICHAM "Dick" M/vni/incMDitcrs MS UCFAKiom nsBAKcH I - \m justasi suspecreP.' prdhsso*. exact HWDeenntn's - \J EP. \7ceeUltO!Vvt ntNiQumeo Pi M wrru Hitt/tr wme HIWUWTf*.Fia- ID! THAT CAP ONLY \. . --j ~' / I f Wl havi ntbom\ a,nru editim nun nv ir n > © J? reiMTi/>/toPse-7 -*„... ~TWt/W« U DitiuisfD MAKXKT MT*I&! \ fKfsetV/triMtr ncrtior- SUVOtULY.,, I wenuu Afmsr nn-Hiumss; SAOIWAKPS, /wrTSSSV "if _r%v«*" a thih- # MMt AMtRIUNS Fβ*. TH€ ISM IN EPUCATtOH — uaues on s'<-» | *~^-^-^ J % 1%. 6" \ JUST MTI/ff, THAT IS, TO ( R£ASoNABL£MAN! ) stop youk - confound- et>'cussKgoM mon ITOKJNif EDUCATION RSOUIHtS A F/tlt A/vp I // which PMVf TflAT> u tlJ m USHr I hits Ri6«r, H£ \ LOOKIhimA Ujust TTIM ST Llk£ \ lenin! uhcu ouetsAeeA, \ wf "ammo*", sirs yit gVisl J) photos To the Editor: The EnvironmentalLaw Society is an active student group which tries to increase the level of exposure to and understanding of environmental issues in the law school. To this end, ELS sponsors movie and speaker programs which are open to all students. Members of ELS also engage in independent research projects which, in addition to providing valuable experience to the students in- /Ov V( Nv " -— HANDS OH 7UIS V r-J |\ | volved, provide much needed legal help to environmental organizations. *f'Mttst(ue SPISODf SIX.) THAT SXCHAN6S MUST unit* ec cmiusp , espsciauy by suf- RIfHTSOUS <J£A/<S UKS YOU. MS6 UP!!'. _ ELS welcomes new members. If you would like to get involved in any way, be it in research, in writing relevant articles for The Opinion, or in organizing upcoming events, please put a note in Box 194 to get on the ELS mailing list. David Matt President ELS I v V'/l (\ V V Jll MKT:BAPFAIVI*MtBUUtrSf Jack Luzier Vice President ELS December 2,1985 Opinion 9 �RAT'S MICKEY Rats bar city Mickey 3057 Main Street 836-9467 834-0505 by Kevin O'Shaughnessy On Friday nights, Mickey Rats COLE'S Cole's 1104Elmwood Avenue 886-1449 s\ Bmvid^-^y by Timothy J. Most buildings svon the Elmwood Avenue strip, in a provincial attempt to adopt a "lights of the big city" look, have single strips of blue neon lighting along their roofs, even the donut shops. While not Times Square, the Strip is an interesting place to visit by day with its shops and boutiques, and by night with its bars and restaurants. The Elmwood area is a unique part of town, although much more trendy and fashion oriented than its counterpart down the street, Allen- wings, hoarding more than their fair share of elbow room. In the back, there is a loft overlooking the bar and restaurant which accommodates the sound booth and the dance floor, keeping the "dancers" well out of the way of the already crowded bar patrons. Cole's busiest nights are naturally Friday and Saturday, with some people stopping in after New Wave night on Tuesdays at the much louder and younger Mr. Goodbar next door. Also, unlike most bars, Cole's does a great business in Thanksgiving night, Christmas night (not eve), and New Year's Day/Night. And while one patron called Cole's clique-ish, if you know a few people there. town. Also on the Strip is Buff State, whose students contribute heavily to Elmwood's activity. Unfortunately for students and bar owners alike, New York raised its drinking age yester- categorize people by looking at their clothes. It's flannel and denim versus spandex and vel- our. BRE AY day. Restaurant, Cole's at Elmwood and Forest, is not likely to be affected. The majority of its clientele are in their twenties and thirties, and al- though not outwardly a Yuppie bar, most of the people there are professionals or hope to be. They had better be since the drinks are fairly expensive. Rated one of the nation's top two hundred eating and drinking establishments nationally by Gallery magazine, Cole's has an interesting and sometimes confining floorplan. The first floor is split into two halves by a shoulder-height divider. One half is a restaurant, open day and night, and the other half makes up the bar proper. While the bar gets so crowded that it becomes obvious that personage per square foot is not one of Gallery's criteria,, the restaurant remains empty except for couples munching on chicken is a bar divided. It has its usual "beautiful" clientele: expensive clothes, perfect hair and mounds of jewelry. On a good Friday, there's enough gold to fill cavaties in all of Mary Lou Retton's sixty or seventy teeth (with enough left over for Bruce Jenner and Mark Spitz). Apparently, Mickey Rats is trying to broaden its appeal by hiring rock bands on Friday nights. It's hard to survive catering to people who drink Perrier. Personally, I wouldn't drink anything that "bubbled upfrom France" but I'm not beautiful. I have only thirty-two teeth. The introduction of Friday night rock bands creates an interesting mix. The usual "beautiful" people are invaded by hoardes of rock and rollers. Early in the evening you can . it's almost like going to Grandma's house without Grandma. Cole's hosts the Skylon Marathon each year, which in 1984 was also the Marathon Trials for the Olympics. Along the walls at the end of the bar, Swallows Corner as its known, are framed headlines depicting the triumphs of most of Buffalo's mayoral candidates. They're going to have to rename it Griffin Corners if Jimmy keeps winning. The Comics .. by Chapus rollers resembled refugees from a methadone clinic square dance. The only place the two groups met was the bathrooms. My report, due to my respect for social privacy, is limited to the men's room. Only the and rollers were either too drunk to see or too drunk to care. One of the "beautiful" people put hisbusiness card at the bottom ofeach of thethree urinals. What type of "market" was this man trying to reach? It could lead to great phone conversa"Hi, I saw your card at tions the bottom of the urinal and I thought you were my kind of guy. I want to do all my business with you." When the happy hour (two dollars all you can drink, from 9 p.m.-11 p.m.) ended, the band began to play. The room was immediately split by the music. The rock and rollers, drawn by the loud electronic sounds, migrated to the stage, while the "beautiful" people took refuge at the bar. I stood between the two groups, but I began to drift towards the stage. The band, a group called the Tweeds, was excellent, so I went with the rock and rollers. Besides, I was wearing a flannel shirt and "beautiful" people jeans. As the bar becomes more crowded, sight lines beome limited. Even this visual handicap fails to blend these two groups together. The groups arrange themselves according to hairstyle. The "beautiful" people, who invest even more into mousse than Perrier, have perfect hair. It doesn't move! Anyone caught with mobile hair is thrown to the rock and roll heathens and must trade there Perrier in for JackDaniels. The rock and rollers won the battle for the dance floor that night. The "beautiful" people were better dancers, but they couldn't take the pushing, staggering, and stumbling of the drunken denim crowd. With the "beautiful" people driven from the dance floor, the rock and checked . their look in the mirror; the rock Kw walls and ceiling are dotted with memorabilia,and the high, raftered ceiling creates the illusion of space. People are basically friendly at Cole's. People leave coats and umbrellas unattended on a coat rack, two feet from the front door. One patron lost his coat there and recovered it two days later. "They were very diligent in finding it and very courteous in returning it," said the patron, Photos by PaulHammond a Buffalo law student. The A&R Song Look at all the First Years, rubbing reddened eyes. Drinking lots of coffee and sighing lots of sighs. Outline papers scattered their world's about to end And for 1,575 we can do it all again: Chorus: In the Spring, when will it come, when will it get here? How I wish I were all done and passed the bar. If I'd known it'd be this fun I'd have been less eager To lick that stamp and send my form to A&R. Now the first semester came and went and hopefully the next Five more semesters will likewise follow too: But whadda you think the chancesare I'II be any less perplexed Than I am right now with International Shoe? — Chorus I tell my friends I'm working hard, no time to socialize. They must think I have some propriety. Yet forced to do as you and I they soon would realize That I drink in way of sheer necessity. Chorus R °y A Mura — 10 Opinion December 2.1985 - �Boyer, Meidinger Report on Env'tl Lawsuits — Buffalo, N.Y. Private lawsuits are gaining in popularity as a means of enforcing antipollution laws, two legal experts at UB Law School have advised the federal govern- ment. Barry B. Boyer and Errol E. Meidinger collaborated in a research project that evaluates environmental policing efforts by both private and public enforcers. They found, for instance, that professors Law the Environmental Protection Agency (EPA) was especially ineffective in the early years of the Reagan Administration under the guidance of deposed Anne Gorsuch Burford. It was during this same period, they further noted, that major environmental groups, such as the Sierra Club, the National Resources Defense Council arid the Environmental Defense Fund proved themselves quite successful, through court actions, in challenging environmental violations. The research was conducted for the Administrative Conference of theUnited States, a federal agency that monitorsoperations of federal agencies in general and recommends ways to upgrade operations. The 109-page Boyer-Meidinger report, titled "Privatizing Regulatory Enforcement: A Preliminary Assessment ofCitizenSuits Under Federal Environmental Laws," and recommendations resulting from it were adopted by the Administrative Conference last summer as a guide for the EPA. Noting that as of mid-1984 about 350 private enforcement court actions had been initiated, the report turned to a military metaphor to describe the current environmental enforcement situation. "The private enforcers," the report noted, "have established a beachhead and dug themselves in; but inland from the beach there are bunkers, and minefields, and opponents of unknown strength." More explicitly, Boyer and Meidinger observed, there is evidence that private enforce- ment "is creating more pres- sure on other stages of the reg- ulatory process." "Regulated firms," the report added, "are reportedly less willing to agree to stringent permit limits, and more likely to contest or delay a permit renewal, because of the prospect that of that permit will be scrutinized by private enforcers rather than sympathetic agency officials. "Thus, victory for the plaintiff organizations in thecitizen suits will likely lead them inexorably into the broader arena of permit-writing, issuance and revision of regulations, applications for variances, the functioning of state and federal information systems, and all of the myriad parts of the regulaory system where there is considerable latitude for government regulators to be stringent or lenient." Boyer and Meidinger warned that such a trend could eventually overwhelm the organizations sponsoring environmental lawsuits. In addition to vul- violations nerability to political counterattack, the law researchers suggested, the "private enforcers" eventually may lack the "resources and staying power to protect their victories from being undone." Boyer, director of the UB Law Schools Baldy Center for Law and Social Policy, explained in an interview that the U.S. Resource Conservation and Recovery Act (RCRA), the Clean Water and'Clean Air Acts, as well as many other environmental laws, authorize citizen suits, subject to filing 60 days' notice. Such suits can target regulatory agencies as well as suspected violators. Boyer and Meidinger contended in their report that 60 days is hardly long enough in most cases for EPA to clear the maze of legal hurdles and informational needs to resolve a non-compliance issue. While EPA does have the right to bar a citizen suit and bring its own action prior to the expiration of the 60-day notice, the two law professors feel that EPA may have an especially difficult time responding to citizen suits because of federal manpower cutbacks. Meidinger, whose credentials include a law degree from Northwestern University, and Boyer, a University of Michigan law graduate, are of the opinion that EPA, under present cir- cumstances, seems agreeable to allowing the courts to decide individual environmental issues. Boyer noted, "forces a decision," thereby relieving the EPA from dealing A lawsuit, with individual cases. Meidinger explained that a successful lawsuit could result in a costly civil penalty against a violator, a requirement that the violator pay all legal fees and possibly an injunction to prevent the defendant from repeating the violation. While Congress has blocked the possibility of class actions to recover damages for pollution incidents, the report pointed out, civil penalties assessed by a court are usually more costly than those assessed by EPA. The report also suggested that the federal regulatory process could encounter resentment on the part of firms continually being "dragged" into court, especially for relatively trivial violations. Boyer and Meidinger even see the possibility of "massive resistance," whereby cases are dragged out interminably in the courts. To be sure, Boyer and Meidinger are not opposed to lawsuits for settling issues after all, they are lawyers but they foresee the possibility of proliferation to a point that would affect EPA's enforcement machinery. Aside from — — EPA's resource needs in personnel and financing to keep pace, they cautioned, variations in court decisions could further muddy the waters of public enforcement. The current wave of private enforcement is traced historically in the Boyer-Meidinger re- port to the so-called bounty provision contained in the Refuse Act of 1899, a law designed primarily to prohibit physical obstructions in navigable wat- ers. The penalty section of this law, the report noted, provided that one-half of any fine imposed wouldbe paid to any person or persons who gave information leading to a conviction. However, the report added, common "informer suits" brought in later years by en- under the bounty provision were successful due to a variety of legal comvironmentalists plications. The UB law professors further observed in their report that the environmentalists' attempts to breathe new life into the old Refuse Act was symptomatic of a broad loss of faith in the competence and neutrality of regulatory agencies. The bounty provision subsequently was superseded by the more comprehensive regulatory requirements of the Federal Water Pollution Control Act amendments of 1972. Private enforcement also can be overly demanding, the report pointed out, particularly when minor infractions become the focus of major court battles. Petty cases, the report suggested, "may exceed the bounds of society's tolerance for enforcement." In keeping with their overall assessment of the current private enforcement wave, Boyer and Meidinger believe it's time for public and private enforcers to join forces to bring about a greater degree of compliance with environmental laws. The report suggests that EPA take "a more active role" in pri- vate enforcement court cases by participating as a "friend of the court," or expert witness, in selected cases to help establish legal precedents. If EPA and the Justice Department "remain bystanders to these actions," the report em- phasized, "they may find themselves saddled with long-term problems created by courts and litigants who had no real understanding of the government's perspective. "And ifthe public and private enforcers continue along separate paths on crucial issues such as case selection, penalty policy and compliance, they may succeed in discrediting each other, and further undermining enforcement." The report insisted that cooperation between public and private enforcers should include "refinementofinformation systems" by the EPA, particularly in the area of record-keeping at both the state and federal levels. If EPA is "serious about cooperating with citizen group plaintiffs," the report speculated, "it could probably make major gains in private enforce- ment." The report also takes the federal Office of Management and Budget (OMB) to task for its "reputedly stringent review of reporting requirements" under the Paperwork Reduction Act. OMB should be made aware, the report advised, that better and more comprehensive reporting by EPA to establish firm guidelines will "significantly lower federal enforcement costs." Based on the Boyer Meidinger report, the U.S. Administrative Conferencerecommended that EPA clarify its enforcement policies "to achieve better coordination between public and private enforcement." t The agency further proposed that EPA develop and make available up-to-date information on the compliance status of all companies regulated by environmental laws and a complete record of the outcome of all citizen suits and public enforcement actions. As Boyer and Meidinger see it, the uncertainties relating to enforcement increase litigation. — Cuomo Talks Facts on AIDS There are times when events move so forcefully into our lives that government must take the lead to do that which otherwise might not get done. One such event in New York State and around the nation is the growing concern about a disease called Acquired Immune Deficiency Syndrome, or "AIDS". Much has been said and written about this disease, but many people remain uninformed or misinformed. Too many people continue to put themselves at risk of contracting the virus, unaware that their behavior may lead to their ' rF ' — The Falling of the Green Grass Steel abounds, there, among the lonely stretches of our emptiness Constructedpyramid-like. Without aesthetic feel. Feel? Those men in black top hats and white shoes don't feel. The building of the steel towers, And the falling of the green grass. a> And the children starve m\Nevertheless. ~ Ifr tnV deaths. Too many others see risks that don't exist. This is exactly thekind of situation where the people need their government the most to lead, to educate, to act reasonably. The state has both the ability and the duty to give the public all the facts about AIDS. We have an obligation to inform our citizens of exactly what the dangers are, what precautionary steps should be taken, and to correct misconceptions. Right now, in the battle against AIDS, education is our only vaccine. New York State has taken an — —Zoran Najdovski ' active role in the dissemination of information about AIDS. The State Health Department has sponsored a comprehensive statewide educational program directed primarily at those who are at risk of acquiring AIDS and at occupational groups that come in contact with the victims of the disease. Additionally, we have compiled a list of 100 questions and answers about AIDS. The booklet contains the best and most up-to-date informationwe have about AIDS, and I believe it is the first document of its kind compiled by any state for public distribution. The booklet covers every major facet of the subject including a section on human rights issues. An extremely important section of the booklet tells people how to reduce the risk of contracting AIDS. But keeping people properly informed about a disease is not enough. We must also work towards a medical cure for this terrible illness. New York State was the first state in the nation to allocate money for AIDS research. In 1984 we designated $5.1 million for AIDS research even Governor Mario M. Cuomo and State Health Commissioner Dr. DavidAxelrod announce a statewide public education campaign on AIDS. while we were balancing a state budget which faced a $1.8 billion deficit. In this year's budget, we allocated an additional $2.7 million for research on AIDS. AIDS is not a political issue. It is a serious health threat, and it drastically affects the lives of thousands of people homosexual and heterosexual, children and adults in our state. While our highest priorities remain prevention through education and investment in research to find a cure, we must shoulder our collective responsibility to offer AIDS victimes the assistance and health care they need. Much is being done now, but existing programs are under — — great strain as the number of AIDS patients increases. We will establish a numberofAIDS primary care centers which will provide and organize treatment and care for AIDS patients. New York State is determined to do its part in fighting AIDS through education and research, and through treatment of AIDS patients. You can do your part by obtaining and reading a copy of our booklet "100 QUESTIONS AND ANSWERS ON AIDS", by writing to: AIDS, Box 2000, Albany, N.Y. 12220. Or call toll free, 1-800-462-1884. Or you may see a copy of the booklet onreserve in the UBLaw Library under The Opinion. December 2,1985 Opinion 11 �MOOT COURT continued from page 1 Terry Richmond is clerking for him this semester as part of her academic schedule, and so he thought it would be improper for him to participate in the Winners Margot Bennett and Nancy DeCarlo. judging. This year's problem dealtwith the First Amendment rights of news reporters to protect the confidentiality of their sources, as well as the constitutionality of anti-homosexual sodomy statutes. "Dale Hastings," a hypothetical reporter in the hypothetical state of "Huxley," printed a story on homosexual practices among members of the local police department. Gay police officers are in violation of both a state sodomy statute and departmental conduct guidelines. A police investigatory commission wants Hastings to re- veal his source of information. Hastings not only refuses, but seeks standing to overturn the sodomy statute as a violation of equal protection. The Moot Court panel judges acted as the United States Supreme Court in a review of the case. The 61 participating moot court teams of two students each worked together in writing, a brief. In the oral arguments, one team member argued the confidentiality and standing issue, while the other tackled (and constitutionality the proper constitutional test) of the sodomy statute. Eight teams were selected to enter the quarter final oral argument rounds based upon their Best Oralisl Elyse Lazanski. brief score and their combined score from the three preliminary oral argument rounds. The quarter finalists teams included Cindy Fenichel and Andrew Winston, Paul Karp and Jay Keningsberg, Robert Schnizler and Peter Abdella, and Jay Lippman and Randy Fahs, who was substituting for the ailing Todd Bullard. The semifinalists teams were Stephen Pigeon and David Platt, and Ken Marvald and Roseann Eimer. While only one of the participating teams emerged as eventual winner, all participants agreed that the competition was a remarkable educational experience. Over four hundred local attorneys volunteered their services to act as ... panelists, many of whom participated in moot court when they were UB Law students. Attendance by panelists was especially heavy on the first night of oral hearings on Monday, November 4. Some teams faced as many as six or seven judges, who grilled the oralists in the finest Kingsfieldian tradition. It was fortunate that there were extra judges available on this night, since some judges left early when O'Brian, Baldy and certain other buildings on the Amherst campus suffered a power blackout minutes before thesecond round of arguments Runners-lip and Second Best Brief Terry Richman and Mary Ann Bobinski at 9 p.m. In a heroic feat of organizational skill, the Moot Court Board managed to relocate nine hearings from O'Brian and Baldy Halls to the unaffected Clements, Jacobsand Bell Halls by 9:30. All participants acknowledged that Bill Daly and the Moot Court staff did an outstanding job in creating an interesting and legally relevant problem, and in running the incredibly complicated contest. On Saturday night, Nov. 9, the Moot Court hosted a banquet for 190 participants at the Holiday Inn on Niagara Falls Blvd. The banquet was funded by the UB Law School Alumni Association. In a final technical irony, the Holiday Inn suffered its own power outage shortly into the evening due to the excessive rain during the week. The cocktail hour was extended and extended the management eventually offering half price on drinks. The awards were presented before dinner, rather than afterwards, as is usually the case. Power was restored just before 10 p.m. and dinner was served soon thereafter. By the time the banquet was over, people were in a crazy mood, and several unorthodoxawards and presentations were featured at the podium. As an interesting footnote to this year's problem, the real United States Supreme Court has granted certiorari to review the question ofthe constitutionality of sodomy law in Bower v. Hardwick, one of the central Court of Appeal's decisions in this year's contest. Third Best Briefand QuarterFinalists Robert Schnizler andPeter Abdella. Abdella was also Fifth Best Oralis!. — Quarter Finalists and tied for Fourth Best Brief Cindy Fenichel and Andrew Winston. Winston also was Third Best Oralis!. Analysis Second Best Oralis! Julie Bargnesi Stmi-Finalist Team Km Marvald and Koseann Eimer. by Peter Scribner The following is a personal analysis of the oral arguments as I saw them. I did not participate in the contest this year, and so was only generally familiar with the questions presented. This I think was an asset since, like the panel judges, I heard the arguments from a fresh perspective. Of course, only the panelists know what they thought were the good and bad points of each side's presentation, so my observations may well have nothing to do with why the judges decided the respondents won. About 150 people braved a cold and rainy Saturday afternoon on November 9 to listen to the arguments of the final round c. mo Desmond Moot Court Competition in the Moot Court Room. Terry Richmond and Mary Ann Bobinski represented the petitioner, reporter Dale Hastings, in this round. Opinion December 2, 1985 12 and therefore were the first ones up. Margot Bennett and Nancy Decarlo, as representatives of respondent, state of Huxley, followed. Each had 15 minutes to present her position. Tiedfor Fourth Best Brief Jack Luzier and Jennifer Sanders. Richmond spoke first and asserted the reporter's right to protect his sources of information and his standing to challenge the constitutionality of the sodomy statute. Although understandably nervous, she spoke in a strong matter-of-fact voice. She was explaining, rather than lecturing, her positions to the panel. I thought she did an especially good job with the almost indefensible standing issue. She was followed by her partner, Mary Ann Bobineki, who contested the constitutionality of the state's sodomy statute. One informedobserver told me that she was probably the best briefed participant in the con- Moot Court Executive Board (I. to r.) Gary Winters (Treasurer), Rita Gytys (Secretary). William P. Daly (Director), Howard Herman (Asst. Director), and Faculty Advisor Thomas E, Headrick. i%ot* by Plml F. Himmoml test. Unfortunately, as I saw it, she made several mistakes. Bobinski's voice was almost a monotone; other observers told me they thought she was putting the panel to sleep. At one point, Judge Desmond continued on page 13 �Moot Court Analysis continuedfrom page 12 gently requested that she not read from her notes but talk directly to the Court. Perhaps most significantly. Dean Schlegel questioned her on the difference between the statute in question and a New York State sodomy statute found unconstitutional by the Court of Appeals. She stated that unlike the New York statute, the Huxley statute prohi- bited "deviant sexual intercourse" only between persons of the same sex. "It doesn't say that on my copy of the statute" Schlegel. Bobinski replied merely reasserted her position. After an awkward pause. Judge provoked general laughter by stating that "we can take that for granted" and got Desmond her off the hook. But in fact, Schlegel was wrong and Bobinski was right. In the definition portion of the statute, "deviant sexual inter- wrote their original brief. Having argued so forcefully in their sex. Had Bobinski cited directly to the statute she would have quickly disposed of the matter, rather than leaving it awkwardly unresolved. She also spent much of the time attacking the justification of the statute as an anti-AIDS measure, drawing too much attention to this point, in my opinion. Bobinski didn't utilize the argument that the original intent of the 90-year-old stajtute had nothing to dowith AIDS, a point emphasized by the panel judges in questioning the respondents. Perhaps as an indication of nervousness, she finished four minutes early. Respondents Margot Bennett and Nancy Decarlo started the final round with an important handicap: they were "off brief." This meant that they were arguing the opposing position of the one they chcJse when they Toxic Waste Facility * continued from page 3 from across the state would be transported here. This would include highly toxic material produced at the Union Carbide Plant in Orange County. Establishing West Valley as ... course" is described as sodomy between persons of the same brief for a side that is emotionally appealing from a civil libertarian viewpoint, it was very difficult to argue the opposing position under the pressure of a final round. Bennett argued first on the same issues addressed by Richmond. Following Bobinski's low key presentation, Bennett seemed to wake the panel up with the forceful defense of her position. During the rounds, many Moot Court participants had become so paranoid from the shower of hostile questions fielded in the oral rounds that they had failed to recognize a friendly question. Bennett suffered no such problem. At one point. Judge Jasen asked why the question of the constitutionality of the sodomy statute was involved in this case at all, since the central issue was an attempt by the ... It may have been that, as an off-brief advocate, she simply didn't believe what she was saying, and therefore found it impossible to defend them.She was also hampered by an inherent weakness in the State's position, at least as seen by the finalist panel. The State is probably best off defending the sodomy statute as an anti-AIOS health action, but panel mem- fending them. For example, she stated that gays were not politically powerless in today's society,, and that being gay was not an immutable characteristic. She used these two contentions to support her assertion bers repeatedly questioned the pre-AIDS justification of the 90- that the "rational basis" rather than the "strict scrutiny" standard was the proper test for review of the statute's constitutionality. However, she merely repeated these assertions, which I thought were hardly self-evident without explaining why they were so. FSRB temporary and possibly permanent storage of toxic nuclear waste. This would again mean exposing the citizens of Western New York to transportation, storage and, if history repeats itself, leakage of radioactive material into our ground water the temporary storage site would make it very easy to develop it as the permanent storage site since the state would already have a facility that is licensed and approved; the "foot-in-the-door" theory. Since there are no guarantees that the permanent facility is above ground, there might be further burial at a location that has been plagued with problems. Since that initial proposal, various bills have been drafted to address New York State's "low-level" waste problem. However, the primary concern of many local nuclear waste activists has been proposals to reopen the West Valley site for Police Department to depose one of the reporter's confidential sources. She simply replied "You are exactly right, your Honor." Nancy DeCarlo, like her petitioner counterpart, had more difficulty with the constitutionality ofthe sodomy statute. It seemed to me that she merely asserted several positions without explaining or de- and air. The Coalition on Nuclear Waste at West Valley has proposed alternatives to the Governor's bill. These include establishing two or threeregional sites for temporary waste storage. Nuclear power facilities at the Fitzpatrick sjte near Oswego and the moth-balled Indian PointOne Plant are now being expanded to include low-level storage facilities that could in turn be expanded to accept non-utility waste. Regional sites would reduce the transportation of waste across the state and would not encourage or facilitate establishing the permanent facility, at ... -year-old statute. DeCarlo was forced to contend that, independent of pro- tecting health, the state legislature possessed the constitutional authority to pass the statute in order to regulate public morality. Like Bobinski, DeCarlo finished her persentation several minutes early. The panel judges awarded the contest to the Respondents in what they described as an extremely close score. continued from page 5 West Valley. The final version of the radioactive waste bill isfar from certain. During the past several months, we have seen numerous changes and revisions. Some have been viewed as positive by local waste activists, where appropriate, in accordance with the faculty's Stan- dards for Academic Dishonesty Cases. A copy of the final decision of the FSRB shall be furnished to the person or persons suspected of academic dishonesty, the person or persons making the allegation, and to the Dean for such action as may be indicated. but many changes have not been well received. It now appears that West Valley may be reopened if other alternatives are not deemed "reasonable." For many citizens who have' been working for years to close and keep closed the West Valley 8. Faculty Review Within ten business days of receiving the FSRB's final decision, the person or persons suspected of academic dishonesty may request the Dean to have site, any reopening is unaccept- able. More drastic efforts such as civil disobedience are being planned if compromises cannot be reached. For further information or participation, contact the Environmental Law Society in room 7 of O'Brian Hall or leave a note in my box, #61, in the mailroom of O'Brian Hall. A the entire law faculty review the FSRB's report. Faculty members of the FSRB who were involved at earlier stages of the proceeding may participate in the faculty's discussion of the matter but shall not vote. After due consideration the faculty may affirm, reverse, or modify the FSRB report in whole or in part. Upon completion of the faculty's review, a report of its action shall be made by the Secretary of the Faculty and given to the person or persons suspected of academic dishonesty within 14 business days. Such report shall be the final decision of the faculty, and shall be forthcontinued on page J PASS WITH PIEPER RUNS THE EXTRA MILE FOR YOU! Pieper gives something in addition to what is due, j S gKIS s = in a Bar Review Course. This extraordinary effort m makes the difference. leaving nothing to chance. Doei hli perional approach work? Don't take our word aik our alumni. For more information contact - your Pieper Representative or Pieper New York-Multistate Bar Review, Ltd. 90 -1 Vm W John Plap*r will guide you through that difficult period, Willis Avenue, Mineola, New York t«~] *^% expected, or customary The Pieper lemlnar li now the "hot" bar review court* In New York. Pieper orgonliei and tummarlzti the law you n**d to pan the Exam without bulky, hard-to-read booki. 15 telephone: (516)747-4311 11501 (516) 747-4311 LIMITED ENROLLMENT ossM §|BfP VW^^ tIH PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 Jl £2 Hi MB December 2. 1966 Opinion 13 �_ ta/fcn • . ■ BAR REVIEW BAR/BRI NOVEMBER DISCOUNTS NY, NJ, MASS, VT, CT, NH, ME | SAVE $150 WITH A $75 REGISTRATION FEE SAVE $200 WITH A $100 REGISTRATION FEE BAR REVIEW The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, New York 10001 (212)594-3696 (914)684-0807 (201)623-3363 (516)542-1030 160 Commonwealth Avenue, Boston, Massachusetts 02116 (617) 437-1171 • Opinion December 2,1985 14 • • | �Two L. Sec. II Team Wins U.B. Flag Football Championship On the wet and rainy Saturday afternoon of November 16, Two L. Sec. II defeated a tough Medical School team, by the name of Bridge Abutments, 13 to 12 to capture the Conference Championship in University Flag Football. Two L Sec. II knew that they would have their hands full, as Bridge Abutments finished second in the entire University last year. However, Quarterback Rick Resnick. set the tone of the game early. On the first play of the game, Resnick rolled to his~teft, saw daylight, and began streaking down the sidelines. As a Bridge Abutment player approached, what would normally happen for those of us who know and love Resnick is that he would skip out of bounds and avoid the contact, but this did not happen. Resnick lowered his right shoulder and punished the Bridge Abutment player. Once the rest of Two L. Sec. II got over the shock of Resnick's action, it inspired them. Both teams were a little tight in the first quarter and there was no score. However, at the beginning of the second quarter. Two L. Sec. II began to roll. Through a combination of passes and running. Two L. Sec. II was able to get to the Bridge Abutments' 30 yard line. On third down, Resnick dropped back to pass, he looked to his primary receiver (Joel Schecter) who was covered, and then looked to his secondary receiver (Mike Herb), who was, you got it, also covered. Then Resnick spotted Brian Bornstein sneaking off the line and fired a strike to him. Bornstein caught the ball, picked up a beautiful block from Mike Herb and scooted into the end zone. Continuing in his tradition, defensive back Tony Cutry immediately ran on to the field. Two L. Sec. II had struck first. Defensive Lineman John Formica would say after the game thatthat was the big TD. It broke the ice and shifted the momentum our way. At halftime, the score read Two L. Sec. 11-7, Bridge Abut- Medical Team Defeats Law School In Intramural Soccer League Playoff by Paul W. Kullman The UB Medical School upended the UB Law School, 2-1, during first-round action in the intramural soccer playoffs on Sunday, November 17. The victory by the "Doctors" avenged an earlier loss to the "Lawyers" during the third game of the season. Third-year student David Fell scored the lone goal for the law School in the first half, after it had fallen behind 1-0. The score remained tied until the Medical School scored what proved to be the game-winner on a penalty kick with approximately 10 FSRB. . . . . with implemented where . and everyone really worked hard." And for good reason. Shapiro said that while she had about 20 people sign up for the team, most of the time only eight or nine would show up for a game. Despite this fact, the team rat- tled offfive straight victories to ne- *•••'• cessary by the Dean, in accordance with with Standards for Academic Dishonesty. i i minutes to play. Law School Player/Coach Evan Shapiro, although disappointed with the loss, was pleased with the team's performance throughout the year. "I'm impressed with the entire team," she said. "There were never any personality conflicts I'tmtinued'from paw IJ 9. Appeal The person or persons accused of academic dishonesty You'll «ct first hand experience in the courtroom ri»lu from tlie sum. In three years, you could handle more than .i.OOO cases in a wide variety of subjects from international to contracts to criminal law. If you think you have what it takes to be a i _._. start the season, and eventually finished at 6-2. "We usually played on a smaller field, so we were able to get away being short a few people," Shapiro said. "Our strategy was to give certain people specific defensive assignments and then put Dave Fell up front and try to get the ball to him." That strategy seemed to prove effective, as Fell wound up as the team's leading goal-scorer, and the Law School squad finished the regular season tied for first place in the eight-team league. may appeal the final decision of the faculty to the President of the University, where appropriate under otherwise ap- plicable University procedures. Marine Corps Officer and lawyer, talk with the \UuitK Corp* OKcer Selection Officer when he visits your campus. More than IW.OOO Murines could use your service. H.3VG ~L */i/l/l/l/l CUCtttS \ 190,000 K^,*,*, - */«JSS? i Two L. Sec. IIfootball learn battles the elements as well as their opponents ments —0. It seemed Two L. Sec. II was adjusting well to the loss of their starting offensive line of Keith Fabi, Phil Zickel, and Bruce Hoover. Instead Kevin O'Shaughnessy, Will Zickel, and Brian Bornstein filled in and were doing the job in- side. Two L. Sec. II kicked off to start the second half and the Bridge Abutment's 30 yard line, ball 97 yards for the TD. The extra point attempt was blocked on an excellent play by Mike Herb. Two L. Sec. 11, show- The Bridge Abutment QB out the signals, he looked left, he looked right, and then the ball was snapped. He barked dropped, you guessed it, he then looked left, but rolled right. He spotted an open receiver in the end zone and began to throw to him. Out of nowhere. Two L. Sec. 11, outside linebacker Rick Resnick blocked the pass. Time ran out and Two L. Sec. II brought the conference championship back to its proper place, to the building of O'Brian ing its character, immediately Hall. came back on a beautiful Resnick to Schecter bomb covering 72 yards. The extra point was missed and the score stood 13 to 6inTwo L. Sec. ll'sfavor. Both teams battled each other the rest of the half. Bridge Abutments mounted a drive and scored a touchdown with only a minute left on the clock. It was now 13 to 12 and the cru- Two L. Sec. II now enters the University Championship Series to be held this week. All inquiries as to the time, date, cial extra point attempt coming up. and location of these games can be directed to The Opinion office, which is located at 724 of O'Brian Hall. Finally, Two L. Sec. II would like to thank Rachel Roth and Aleccia LaCapruccia, for braving the elements of the weather and rooting the team on. Legal Methods Hyman said that Garcia "added a great deal to the class atmosphere" and will be missed. "I think most people around here found her an enormously effective person and will be sad to see her go. It will be a real loss. She did a fantastic job with recruitment and keeping the Program ongoing." Hyman added that he hopes Garcia would reconsider resigning come next Spring. But, for now, Garcia intends .•• continuedfrom page I to resign and hopes the process of replacing her goes smoothly. She said that she would like to be on any search committee which may be organized to find a replacement. Ramos emphasized that minority students should get involved in the search and help identify minority candidates. He stressed the need to find someone who is both "competent and has some sense of identity with the Program." Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what theapplicant will do upon his/her return to share the benefits with theLaw School and/or wider academic community, (2) a conference brochure orotherpublicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86 prior to an award will be reimbursable if the proposal is later funded. For fall semester, applications should be submitted to the Dean (Room 319) by December 2,1985. Spring semester applications should be submitted by February 15, 1986. /■br more information, contact: LT. JOSEPH T. COOUCAN Officer Selection Office, U.S. Marine Corps (716) 846-4911 /4913 . The last issue of The Opinion for the fall semester will be published on Wednesday, December 11. The deadline is Tuesday, December 3. December 2. 1986 Opinion 15 �The Solid Foundation... Josephson/Kluwer's written materials through Law School and through the Bar. \ Blueprint for Success \ \ \ \ The basis for any complete Bar Review Course is the written materials. Compare ours to any others and you'll find: \ \ \ Pride otAuthorship Josephson/ Kluwer's faculty of outstanding Law Professors is associated by name with the Law Summaries. Personal accountability and pride of authorship keep our Law Summaries current, accurate and of the highest quality. . , JOSEPHSON/KLUWER BUFFALO REPRESENTATIVES Stuart Adler Lawrence Basel Evelyn Gawronski Pam Neubeck Dennis Ng Elaine Pers Martha Post L David Brown JoeCallery Phil Chamot Garel.ck Jeff G.bb Gunn.son EveynGurdin Nancy Holtby Rose-Ann Landau I Eric Chester Irene Fassler Tim McEvoy Fern Merrenstein CarolGiarrizzo Bonnie Mettica Howard Berman JuheBrett L Maryellen c Intelligent editLaw Summaries and rf summarization make the Josephson/Kluwer Summaries most CQncise and comprehensive bar exam aids , Z edmng ~. selective msures th Y ur ■ .. ~ ava.lablejhis f ed° and not squande MarcyScher Scott Sciumeca Anthony Torres S hat ; ; conee P ts and P P |es Michelle Palmarie nnci maximum attention. Capsule Outlines Each substantive Law Summary has a separate, very concise, capsule outline which performs three major functions: a) it provides a structural overview of the area. ) b) it is a detailed index to the Law Summary.- c) it is a review ■ ■ checklist of definitions, rules and concepts. , - , / I ,estab,e rece,ve / / fcL ■ fundamental principles of law. analyses. Internal Review Our Law Sum maries feature internal review / Josephson/Kluwer Eastern Regional Office (212)505-2060 (800)253-3456 Opinion December 2, 1985 16 assure retention of the most ' Past Bar Questions The con textual analysis that is required for effective issue spotting is supplied by a selective series of essay questions and suggested ■ MMsr JIGs {Josephson Issue Graphs) These unique visual study aids / ' Ikm. .„. Josephson/Kluwer National Headquarters (213)558-3100 (800)421-4577 problems at the end of each major section to assure comprehension. memory retention and ability to apply the information learned. By dissecting testable issues and principles from all past bar exams, the questions have been carefully developed to assure the student of fMU$j on JtsuM � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-12-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/2/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/603e4848ca4386dae006512faab41641.pdf 85803f2adcce33235f23454b0b6dc437 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 7 December 10, 1985 Profs. Atleson, Lindgren Request Sabbaticals by Idelle Abrams Faculty sabbaticals have recently been an area of contention on the SUNY at Buffalo carnpus(see Reporter 10/17/85, 10/24/85). In the law school, sabbaticals create many problems in allocating thework load and providing course offerings to students. Central to these problems is the fact that the University does not fund sabbaticals as far as insuring delivery of its program. There are no resources with which the University can hire replacements for faculty on sabbatical. Next year, the law school will once again be confronted with these problems, as Professors James B. Atleson and Janet S. Lingren have both requested sabbaticals to pursue their respective research interests. "By university policy one has to certify that the unit can get by," said Acting Dean John Henry Schlegel. "Of course thereis no unit in the University thathas excess resources, so by definition that's not true. It's like theKttle boy in the dyke. You're always jjyaving your finger from here to there. The notion that there are excess resources and thus that there is something to move from here to there is clearly ludicrous." Some leaves you absorb generally, said Schlegel. There are no replacements. In other situations, like the sabbatical of Professor Kenneth F. Joyce this semester, you have a required course that must be offered. Somehow, someone must be fo jnd to teach that course. • In the case of Professor Mar- jorie.Girth,who is on a one-year sabbatical until September, 1986,the law school had a lot of notice. Even under these circumstances, however, often the best the school can do is Professor, tames B. Ailestm. I'holo Credit: Paul i. Hammond give students advance notice and open up classes on either side of the sabbatical year. Generally though, thereis not much lead time to inform people of faculty sabbaticals. Often the length of a sabbatical is determined by whether or not the professor gets a grant that will cover the difference in salary. Notification of a grant award usually doesn't come until March or April. There is no real way to adjust for this. "If the University considers these prestige awards, as they are, then you have to help your faculty be able to take advantage of them. You can't lock them in before the awards are made," said Schlegel. There are nevertheless significant advantages that weigh in favor of Sabbaticals. Schlegel said, "You can see the difference when people come back. They're more willing to do new things, to fiddle. Generally, they've thought about some new material that's interesting." This view is attested to by Atleson and Lingren. Both are long-standing members of the surge in employment and a strengthening of labor, Atleson said. The Labor Board gave unions the sense of solidarity and the institutional stability they wanted. The Board supported unions and granted faculty, have had previous sab- use of wildcat strikes and slowdowns as a means to address baticals, and will vouch for the regenerative and recuperative benefits of a sabbatical. It is also an opportunity to begin to pursue a new area of interest or to bring to fruition a project that has long been in the works. Professor Atleson has several projects planned for his projected semester sabbatical in the Spring of 1987. Primarily he will begin a legal and historical study of the regulation of labor during World War 11. His hypothesis is that the shape of labor law after the war was substantially affected by the war in both the amount and scope of membership protection through union security clauses and maintenace of membership. The war effort precluded the workplace control questions. After the war "these workplace control issues just got lost." The war encouraged centralization of power in the union. Also during this time the Labor Board encouraged parties to settle disputes through arbitration. legal regulation. This is part of a larger question Atleson wants to addrees which is, "Can we determine what the effect of law is on labor?" In this fiftieth anniversary year of the Wagner Act can we look at it and have any idea whether or not the Act had any effect? Can we look at the National Labor Relations Act (NLRA) and have any idea how important it was, or if things would have been any different without it? The war had the effect that war always has a great up- — . Professor JttneiS l.nulxh'H. Opinion Mi- Muttn One could argue that all of these developments arose in the context of a time period in which strikes were not allowed. In these and other aspects of the labor relation "the courts have adopted policies thatlook exactly like the situation" in which these relationships and attitudes were formed, that is, the situation of World War 11. "In order to evaluate the NLRA, one can't avoid a historical framework in which it is either enacted or applied. You can't understand current law without looking at history and clearly you can't ignore the war," said Atleson. Professor Lindgren, who has applied for a sabbatical for the full 1986-87 academic year, has been exploring an issue that actually grew out of her last sabbatical. At that time, Lindgren looked back to the period 1870 to 1920 in New York to examine every constitutional decision by New York courts on the basis of due process. As Lindgren followed the cases, she found thatinstead of "the courts saying no and that being the end of it until the courts changed their mind, there was a lot of interaction between the courts and the legislature." The approach this suggested to Lindgren was that people in lawshould "stop just focusing so singtemindedly on what the courts have to say because it's really a much broader process. Somewhere in the interaction back and forth there is a role for legal scholars which isn't justcritiquing the courts." Following this line of thought and finding one statute in her earlier work that didn't fit any of the categories she had de<iinlimwd <«i /Hifte 4 Dean Candidates Visit UB Law for Interviews Professor Trubeck by Krista Hughes The Law School Dean Search Committee resumed its pursuit of a new dean when it invited three candidates to visitUB Law School this semester. Louise Trubeck, Clinical Supervisor, and Lecturer in Law at the University of Wisconsin, and the first of the three candidates, spent two days meeting with Law School administrators, faculty, and staff. On Monday, Nov. 25, Trubeck also met with about 20 students in an informal question and answer period. Professor Trubeck's discussion with the students touched on some of her interests and concerns, among which are the further development of a good, clinical program and the importance of improving and maintaining the quality of student life. Trubeck was attracted by ÜB's reputation for being a progressive law school and is impressed with its "excellent faculty." Trubeck has spent the past twelve years supervising the Professor Teitlebaum .. Clinical Program at the University of Wisconsin, and, con- by Krista Hughes sequently, is interested in "the integration of theory and practhrough the clinic." She tice notes that ÜB's clinical program is in a transitional period and that this "would be a great opportunity for (developing a) relationship between the practical experience for students and the integration of that experience into the work of theprofessors, and also for providing some community service in terms 0f... some kind of legal representation." Trubeck's involvement with the Clinical Program in Wisconsin provides her with certain goals and ideals for any law school's clinical program. A clinic should be "open-ended" in order to respond to individual student needs, and flexible enough to deal with new ideas. Clinics are established primarily for the education of students, and while they provide some legal aid for the community, Trubeck admits "they can never be major sources of legal services." Dean Candidate Lee Teillehtmm. Vhalo Crrdil: Vkfnr R. Sktari The main problem witha clinical program, however, is not a lack of need in the community, but the allocation of resources. Trubeck said that she is surprised at UB Law School's limited budgetary autonomy. The law school's general lack of independence from the rest of the University is a problem which concerns many law students and which was presented to Trubeck. Although she believes in "law schools thatrelate to other disciplines" and in the importance of maintaining an intellectual bond with the rest of ÜB, ciwtinurit on page 4 The second of three dean candidates to visit UB Law School this semester spoke with students on Tuesday, December 3. Lee Teitlebaum, Professor of Law at the University of New Mexico, spent about forty-five minutes answering questions from a group of fifteen law students. Teitlebaum, who taught at UB Law from 1971-73, said, "I don't view being dean as the next step on a career ladder of some kind it strikes me as rather a detour." When asked why he wants to be Dean of UB Law School he replied, "I'm not sure that I want to do it in the first place. I want to do it only if the resources are available so that the educational program can be strengthened ... to the extent that what I regard as a first-rate faculty can be maintained." Through his experience with ÜB, Teitlebaum has found the law school to be a "remarkably imaginative school." He views the "Buffalo Model" as some- , ... thing of a symbolic appellation which "standsfor an interest in experimentation," and in "trying to teach law in the context in which it applies." Professor Teitlebaum's interests He mainly in the fields of juvenile and family law, subjects on whichhe has published extensively. Although a member of theLaw and Society Association, and although he has doneconsiderableresearch withpeople in other fields, Teitlebaum is not an interdisciplinarian. He claims, "I am a pretty intelligent consumer of that literature but I do not want to' lose the perspective I have as a lawyer. The Law comes first." Teitlebaum also does not ally himself with the critical legal studies movement. Instead, he considers himself to be more of a "fellow traveller." He sees critical legal studies as "a range of views which may have as a common element the assumption that formalism was never a plausible theory of law." Al- . continued on page 3 �Federalist Speaker Addresses Right to Work by Idelle Abrams are not 'the people' but rather the administrators, bureaucrats, and the party apparatchiki who control access to that prop- The Buffalo Federalist Society sponsored Dr. Daniel C. Heldman who spoke at UB Law School, on "The Theory and Concepts of the Right to Work," on Nov. 21. The Federalist Society bills itself as the only rightof-center organization in the law school and aims to present a range of ideas that otherwise would be lacking at the law school. The intersection of law and economics is currently a hot area of academic concern, stated Dr. Heldman, Director of Legal Studies of the National Right to Work Legal Defense Foundation in Washington, D.C. However, he said, there has been very little economic analysis of labor law. In his talk, Heldman intended to give a very concentrated introduction to this area, limited to the right to work issue. "The employee is a forgotten element in labor relations and hence in labor law," claimed Heldman. He pinpointed two reasons for the erosion of employee rights: first, thesubordination of employee interests to the interests of employers and unions, and second, what he called the collectivization of erty." From there, Heldman went on to say that "the new class in our system of collectivized industrial relations consists of unions generally and union leders particularly, because the law grants to unions and in effect to those who control unions the virtually exclusive power to define what employees may or may not do in a labor relations context." Heldman then attacked compulsory unionism and questioned the contractual foundation of labor law. Can we say the employee.has a "right" to join a union if, under certain conditions, the employee is unable to choose notto be a union member. "Are there any commercial contracts in which virtually all the important responsibilities survive the term of the contract as is the case in labor law?" Heldman found these questions to be elementary, "yet as with many other issues involving labor law, logic is an inconvenient factor," he said. Asking what arguments underlie the phenomenon of compulsory unionism and exclusivity, Heldman set outto develop and oppose the arguments for union security in terms of the "free rider" problem. The unions argue exclusivity as a matter of fairness; that is, if the union is obligated to represent all the people in a bargaining unit, then the employ- rights. Heldman made the analogy between this concept and the concept of collective property in a socialist state. Quoting Milovan Djilas, a Yugoslav analyst and observer of Marxism, Heldman said, "What is owned by everyone is in practice owned by no one. The real owners of collective property ees should pay the union for that representation. The alternative, that the employees take a "free ride," would quickly lead either to bankruptcy or require the union to reduce its services. The unions also consider exclusivity a necessary element, said Heldman, because of the "public goods" argument. In certain areas the benefits obtained by the union legally obligated to give these organizations our money. He. disallowed an analogy to government saying government is sui generis. Govenment is by definition unique and possesses a sovereign right to coerce which no other organization can claim. As to the public goods argument, Heldman contended that there has been no adequate proof that net advantages accrue to everyone from being represented by a union. "We are not trapped by statistics on increasing wage levels," said Heldman, "because logically unions can only take credit if higher wages wouldn'thave occurred but for the union. People have also gotten taller, but the unions can't take credit for that either." In efforts to eliminatefree riders by compelling everyone to pay, Heldman argues the unions have created a new category, the forced rider. The forced rider who does not receive a net advantage, in turn, the creates a new free rider union itself. His argument was that the union is now receiving a benefit from dues for which it is not paying in providing positively valued services. What then is the measure of a free rider's obligation? What is the proper standard by which we can determine how much a free rider should pay? Heldman suggests that the free riding person should pay the cost to the union of providing benefits. To determine this Heldman said we have to look at the union activities that produce — Dr. DmiielC. HcUlllulll. I'holo In I'liul Fμ llitinnwntl cannot be distributed to members only. Non-members also benefit from better lighting, more bathrooms, and an em- ployee cafeteria, for example. Heldman counters the fairness argument by declaring that there are many organizations that create benefits for people who do not support them financially, yet we are not PASS WITH PIEPER benefits. He named three: collective bargaining, contract administration, and grievance handling. Many who benefit from these activities are already union members. He suggests we apply the marginal cost approach to determinehow much it costs the union to provide services to non-members, given that it is already providing these services to members. Of these three services, says Heldman, collective bargaining and contract administration have zero marginal cost. It doesn't cost more to negotiate for one more employee, just as it does not cost more to prosecute a class action suit if you add one more plaintiff. v The exception to the zero margin cost is the grievance procedure. Heldman's answer to this is to charge non-members a fee to use this grievance machinery. An active question and answer period followed Dr. Heldman's presentation. While people tried to bring in historical factors or cost generating activities that Heldman had not factored into his equation, Heldman maintained his argument. The free rider is a free rider because under exclusivity he knows, said Heldman, that he can get the benefit of union services without paying a price. How should we resolve this problem? Heldman says repeal exclusivity. The unions say impose union security. Millions of dollars havebeen spent pro and con in this debate, and no clear solutions have yet been found. jf RUNS THE dk oF]l EXTRA MILE I FOR YOU! Pieper gives something in addition to what is due, -= jjp expected, or customary j§ Jlliijiß in a Bar Review Course. The Pleper laminar it now the "hot" bar review court* In New York. Pieper organltes and summarizes the law you rvt*d to pott the Exam without bulky, hard-to-read books. This extraordinary effort John Pleper will guide you through that difficult period, leaving nothing to chance. Doe* hit personal approach work? Don't take our word ask our alumni. For more information contact - your Pieper Representative or I 90 Willis Avenue, Minoola, New York 11501 (516)747-4311 I ■Hid The Opinion December 10, 1985 fi makes the difference. Pieper New York-Multistate Bar Review, Ltd. 2 ~ telephone: (516)747-4311 §^W^i Ha P V-1fJ- \IP PIEPER NEW YORK-MULTISTAtE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 �Concurrences and Dissents Law Library Human Rights Display Vandalized To the Editor: Sometime between Friday and Monday of Thanksgiving weekend, theLaw Library's second floor hall display case was broken into. A controversial poster drawing attention to a new library collection of materials on human rights was removed and replaced with the U.S. flag and the attached statement. This unsigned statement threatens future night raids unless the anonymous writers' undefined views of "truth" and "simple fairness" are adhered to. The librarians who put a lot of effort into creating the human rights display are understandably upset over the theft of their work product. More important, the librarians are concerned that self-appointed censors seem bent on controlling, by whatever means, the content of library displays. During the course of the University's investigation of the theft, the library display area will focus on freedom of speech. Ellen M. Gibson Director of the Law Library Editor's note: The vandalsleft the following message at the scene of the crime: In the name of truth and simple fairness this blatent (sic) distortion of reality had to be — such a narrow minded viewpoint stop trying to shove their misguided opinions down our throats these types of actions will continue to be necessary. And will continue to be carried out. In any other country this display would walk the borderline of disloyalty and treason. For those who would degrade our great nation in this way to be allowed the use of this display case is abhorrent to us. We are not trouble makers. We are Americans and damn proud of it! — Signed: Some very concerned "Patriots" removed. Until those who subscribe to Law Library Hulli'lin Board. Photo Credit: Victor ft. Sicluri Peca Addresses Commencement Concerns To the Editor: I would like to take thisopportunity to respond to Susan Berkow's letter. Not only did she raise several valid points regarding the Commencement Committee, I also understood her objections to the formulation of the questionnaire. (As they say hindsight is 20/20). First, Susan is correct in saying that signs for the Commencement Committee should have been posted prior to any selection of a chairperson. The only reason for not doing so was expediency. At the end of last year I spoke with Vivian Garcia regarding the 1986 Com- — mencement, indicating that I would like to be actively in- volved in it. She recommended thatI chair the committee in the hopes that by starting early, a memorable graduation could be planned. There was no motivation lo appoint, other than the fact that a person had already expressed a willingness to take responsibility for it. As to the Committee, if someone expressed an interest to me, I asked that theyparticipate on the committee. I also put an article in The Opinion requesting that anyone willing to work on Commencement contact me. However, I realize that there was no initial forum in which people could participate. To help remedy this, all future meetings of the Commencement Committee will be posted, and everyone is invited. Second, Susan's point that the- focus for the principal speaker was narrowed by the list presented in the questionnaire is well taken. Governor Cuomo was selected and has been invited. However, in the event that he declines our invitation, we need to have a list of viable alternatives. Therefore, an open-ended questionnaire will be distributed. Please give careful consideration to your choices, for this is a very important decision. To first and second year students, remember when you go about making plans that it is essential that the opportunities for participation and input are open to all. Do not go forth with plans that affect the students CASEY'S NITE CLUB presents (wMMffl n J THURSDAY NITE COURT A fine of $4.00 at the door will get you unlimited draft beer and bar drinks until 1:00 A.M. Hors d'oeuvres will be served at 12:00 midnight.^ From 1:00 A.M. to 4:00 A.M. there will be $1.00 bar drinks, 500 drafts and 3 shots of any schnapps for $1.00 ? %WILL ATTENDANCE BE TAKEN. >s^%^y^ OTjF without getting their input first. I apologize for any dissatisfaction that may have been caused. And I, along with Susan, look forward to a Commencement we can all remember. Gina M. Peca We Want Wopner To the Editors: ment Committee is pleased to Wopner of the People's Court as the 1986 commencement speaker. announce substantial progress in its effort to secure Judge The Alternative Commencement Committee The Alternative Commence- Teitlebaum though he "certainly is not as- sociated with it" he does see some value in "being able to think about categories as contingent rather than necessary." Teitlebaum would be uncomfortable with setting a quota for the number of critical legal scholars a school should have on its faculty. Furthermore, he does not comprehend a dean as being in the position to set criteria for the acceptance of teachers. That is a job for the faculty itself. However, Teitlebaum would not believe in allowing the faculty to choose professors on the basis of their .. "political acceptability." The "dangers of deciding what is terappropriate thought are ribly great." Essentially, Teitlebaum un- derstands the role of dean as something of a mediator and facilitator. He was quick to admit that he does not know how well he would handle certain aspects of the job, and 'it would be presumptuous to speculate" at this point how successful he would be. On the topic of funding, Teitlebaum said that "a great part of what the dean does is go to the administration which has the money, with the best imaginto demonstrate able case what the needs are, why these needs are important to be satisand what the costs of fied, failing to fund at an accurate level are." Funding is a problem which faces "every state university and every law school," and a dean of a law school can only be expected to "try the best he can." Although reluctant to pro- . ... (intinued from pcifte I pose any possible solutions to most of ÜB's problems and concerns, Teitlebaum did constructively address the issue of UB Law School's lack of a good national reputation beyond academic circles. Nation-wide recruitment and publicity are the primary ways in which UB could enhance its reputation. Teitlebaum suggested sending faculty members to law conferences, because "the only way people have of judging the law school is by listening to the faculty." He would also "encourage students to consider jobs all over the place," not just in Western New York. This strategy has begun to work for the University of New Mexico. Overall Teitlebaum was honest about his abilities and limitations. He remarked, "I know how to make cases; I know how to put together an argument," and he was not afraid to admit to things he does not know. Teitlebaum tended to sound vague as to what he thinks he would accomplish as dean, but admittedly, "no new dean is going to have... an idea of what his realistic targets are" right away. "Nor is a dean candidate." One more dean candidate is scheduled to visit UB Law School this semester. Bill Simon of Stanford University plans to come here December 12 & 13. All students are encouraged by the Dean Search Committee to attend the question and answer period on Dec. 12 at 3:00 p.m. in the Faculty Lounge, during which they will be able to meet the candidate. American Secretarial Service, Inc. 421 Kenmore Avenue • 945 Ellicott Square Building 852-0958 Term Papers Word Processing Resumes Reasonable Rates Quick Returns Student Discounts • • • • December 10, 18«5 The Opinion 3 �opinion jßr STATE UNIVERSITYOF NEW YORK ATBUFFALO SCHOOL OF LAW Volume 26, No. 7 December 10, 1985 Editor-in-Chief: Victor R. Siclari Managing Editor: Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy Production Editor: Charles E.Telford ContributingEditor: PeterScribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, Jack Luzier, Amy Sullivan. 6 Copyright 1985, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Display Theft Condemned Our Constitution guarantees freedom of speech to all its citizens. The right to express one's viewpoint is paramount and should be encouraged. Unfettered exchange of ideas and debate exposes the weaknesses and strengths of arguments. It also is through this adversarial mechanism that truth is ascertained. The removal of literature from the showcase in front of the law library must be condemned, regardless whether patriotic sentiments were behind the action or the subject matter in the showcase deemed treasonous (see accompanying article). The concept of one person taking it upon himself to determine whether speech is disloyal, patriotic or treasonous is repugnant to our democratic ideals. The unilateral determination made by this person or people is also offensive to our judicial system. Fairness and equality are not obtained by suppressing another's views and forcing your views upon that person. If the display was thought to be distasteful or treasonous, then the correct action would have been to contact Ellen Gibson, Director ofthe Law Library, and demand that the display be shared by, or another showcase be provided for, an opposing viewpoint. This would ensure a fair balance to both sides of the issue of American intervention in Central America or violation of human rights or whatever issue to which this display was referring. Even if this reasonable request were made and refused, the action which was taken still would not be justified. There are other means to correct this imbalance, such as higher administrative channels or even the civil remedy of an injunction. Instead, this individual or individuals wrongfully played both judge and jury and imposed his or their own sanction. Clearly, removal of the literature from the showcase was censorship, thereby violating someone's freedom of speech and expression. This action also amounted to vandalism and destruction of public/university property. We can only hope the culprit was not a law student and was unaware of the ramifications of this action. The new display, which espouses the tenet of free speech, hopefully will convey to all that we must respect another's viewpoint, regardless of how displeasing it may be. Seasons Greetings and Good Luck on Finals From The Editorial Staff. 4 The Opinion December 10, 1985 Trubeck. . . . she feels a certain amount of autonomy is necessary to improve the quality of student life at the law school. "If it can be determined that the quality of student life rs deteriorating because of the infiltration [of undergrads into the library and classrooms,) or lack of ability to develop a community because you've got all these other people in there, then that should be told to the administration." One step toward accomplishing this would be to "get more help" in Student Affairs which is "slightly underadministered." Another way of improving student life is to increase nation-wide recruitment in order to bring in a wider diversity of students. UB Law has an excellent opportunity to recruit nation-wide since there is no residency requirement as there is in Wisconsin where 80% of students must be Wisconsin residents, Trubeck said. She is also interested in recruiting more minority students, and encouraging women in the study of Law, goals which can be achieved with the proper — funding. Another aspect of student life which Trubeck discussed was the over-all curriculum. When told that UB is sometimes criticized for a lack of practical courses, Professor Trubeck was reluctant to advocate any changes that could possibly be Sabbaticals. vised, Lindgren chose to focus her new work on the issue of manufacturing in homes in New York from the 1880'sto the early 1900's. Here was a legal problem many interacting ele- with ments. There were statutes governing manufacturing in homes, court decisions, and many parties that had a special interest in this issue Italian — women garment workers, un- made. Although "a law school should have a wide variety of certain kinds of advanced courses" for second and third year students who want to specialize, the basics like writing briefs and filing documents—can be learned in the office. Trubeck commented, "students think they have to know a lot when they enter a firm," but from her experience, "most jobs are on-the-job train- — ing." Overall Trubeck thinks "Buffalo has really done a remarkable job in paying attention to curriculum, which is done for purposes of professors who really care about how students are taught." Trubeck observed here a "genuine desire to teach students in the way they want to be taught." Whether this is through the critical legal studies movement or through more traditional means of teaching, Trub ..ck believes professors should not be limited because of their political views and should have a certain amount of autonomy in constructing a curriculum. Trubeck does not believe in any kind of political determination of professors, but rather in "finding the best teachers on the market." Professor Trubeck was presented with the problem of UB Law School getting lost in the bureaucracy of the SUNY system, but pointed out that "a law ing people: Peter Abdella, Julie Bargnesi, Margot Bennett, Mary Anne Bobinski, Gail Breen. David Brown, Greg Brown, Robin Checkla, David Cohen, Lori Collins. Linda Crovella, Kathy Crowley, Nancy DeCarlo, Daniel DeLavs, Roseanne Eimer. Carol Fitzsimmons, Brett Gilbert, Robert Goldstein, Nancy Comics continued from page I school is an important jewel in the crown of any University system." If the law school can "demonstrate its quality and its work very aggressively outside of the system," and if the "bureaucracy feels that they have a school... that is getting statewide or recognition nationwide, that will help the ability of theschool to negotiate within the bureaucracy." Although the Dean Search Committee did not meet to discuss their impressions of Trubeck as a candidate, the "general consensus" is thatshe is a "real strong candidate" for the position of Dean. Steve Wickmark, Acting Assistant Dean and member of the Dean Search Committee, is "impressed with [Trubeck's] background and her grasp of what it takes to run a law school." The Committee is looking for someone who "has the respect of the academic community, who respects scholarship," and who has had experience dealing with students, professors, administrators, and "all other constituencies" of a State University system. Louise Trubeck is well aware of UB Law School's reputation in academic circles, and according to Wickmark, "she's got a real vision for pushing the school to the next step," the national reputation which it deserves. . ionized cigar makers, a dissident break-off socialist union, a traditional manufacturer who had a particular use for the tenants, Professor Corwin, a legal scholar at Princeton who had a lot to say about judicial review, and Florence Kelly, one of the progressive reformers of the period. Taking the statute and this rich factual base, Lindgren plans' to consider how one might talk about constitutional New Moot Members The Moot Court Board has extendedinvitations to thefollow- .. . Holtby, Paul Karp. Jay Kingsberg, Deborah Kennedy, Catherine Kiels, Elyse Lazansky, Jay Lippman. Kenneth Marvald, G. Stephen Pigeon, Lawrence Pivacek, Dave Platt, Mary Powers. Rachel Roth, Hugh Russ, Jen- nifer Sanders, Robert Schnizler, Robert Simpson. Eric Snyder, Diane Szkojak, John Weinholtz, Andrew Winston. continued from pagf I questions in this broader perspective. A sabbatical is very useful, said Lindgren, in that "you have a defined piece of time in which to get (your thesis) said." In addition, a sabbatical will allow her to leave Buffalo and get out . of herusual routine. "One of the crucial things is to get. away from what's familiar." Shefeels "this makes it easier to think about things in ways that are not necessary familiar." To all law students: Don't forget to pick up a Fi nancial Aid Form (FAF) for the 1986-1987 academic year These forms are available al A&R and Room 314 0'Brian These forms must be regeivec and recorded by the College Scholarship Service no latei than March 15,1986 in order te be considered for College Work-Study and National Direcl Student Loans. Kathy Peterangelo Johnson Financial Aid Advisoi by Chapus �Law Students Celebrate Pagan Festival: Critics Acclaim It As "Party of the Year" Ritltller, Joker, Batman and Rohin Morticiu anddomvz Admits A i-t tuple ofwackynymphs VictoriViitoriti und(innuhoMar.\ Kiltlii', Hamulimill LilyMmiMcr Sillnfull, i.iMirimlcyaml /limit Comics Cleopatra and Antony ( 'htssx ladies with/*#//"<r An (twinltd hunt li escort Photos ht lath} Pappas by Chapus December 10, 1985 The Opinion 5 �The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 Took 6.217 Passed 4.648 FEBRUARY, Took 2.214 Passed 1,065 % 74.8 1983 % 48 Took 6.446 JULY, 1984 Passed 4366 % 67.7 m« % 44 Passed 940 MrfcQt OLUUCIILS* WHO VVIIU 7.1 Fail The Mew York Bar Exam 1984 FEBRUARY, Took 2.105 Change in% 4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With MULT IST ATE SPECIALIST WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades. CA 90272 (213) 459-8481 MEW YORK OFFICE " 450 7th Avenue, Suite 3504 ' Mew York, NY 10018 (212) 947-2525 EAST COAST OFFICE 211 Bainbridge Street Philadelphia, PA 19147 . (215) 925-4109 NATIONWIDE TOLL TREE NUMBER: (800) 523-0777 ffifef RESUME SPECIAL! 2Wlg§s FOR STUDENTS & FACULTY PACKAGE OF 50! Includes Central Park Grill A place to hang your hat and relax while listening to some ofBuffalo's best live acts and a sound system which has made the GRILL special. • TYPESET 1 pfl. RESUMES (BV4xi 1.black Ink) • 50 MATCHING BLANK SHEETS • 50 MATCHING BLANK ENVELOPES NOW P.S. OurKitchen now serves food until 2 am. CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE 2519 Main Street The Opinion 6 December 10, 1985 — SAVE *5" NOWI Coupon must be presented, expires 12/31/65 * 836-9466 A real Bar and Grill "Hope we pass the audition" HAVE A MCE HOLIDAY! See you when you get back! §|5)E9§ .r ..v h se ,no u Campuses! c " flkf (ji outh s^\ b^% 835-0100 1676 Niagara Falls Blvd. 14150 Tonawanda, NY 834-7046 �The Boy Mechanic Kevin O'Shaughnessy HolidayPresents for the Christmas Season — It's Christmas time and like Santa Claus, the boy mechanic is giving gifts to all the boys and girls in the law school. Lori Cohen A new writing style that doesn't start with the word "Hello!" I have often wondered if her first year Contracts exam started with: "Hello! I'm Lori Cohen and the first problem dealswith conversion ..." "Acting" Dean Schlegel A new dean for the law school so he can stop "acting" and get back to pulling "the boat down the Volga" with the rest of the — — faculty. The Dean Search Committee — A respectable applicant who gets along with teachers, students, animals and babies (has anyone contacted Peter Ueberoth? Bishop Desmond Tutu?). The applicant will need a sense of humor or we won't show the roof until the papers have been signed. Library Dean Ellen Gibson A roof that doesn't leak. We could get a deal on an orange roof, courtesy of Howard Johnsons. Ho Jo's meets the Buffalo Model. (SBA could open a coffee shop and sell souvenirs on the seventh floor). Audrey (CDO) Koscielniak A whole flock of ambitious, — — well-prepared, yuppie sheep complete with detailed resumes. A word of caution: If everyone is prepared, you're out of a job. Casey's Nite Club A feminist happy hour... no — "blonde bombshells" allowed. Fiona Smythe-Horch (Miss Procedure) Social Boundless energy to rehabilitate the culturally vapid creatures that inhabit O'Brian Hall. Yours is a heavy burden. Regina V. Ramsay Courage ... or a wide variety of disguises and aliases to successfully avoid class participation. Compassion Shari Reich and tolerancefor all the Regina V. Ramsay's in the world. Not all of us are here to be lawyers. Everybody takes a "free ride" now and then. — — — .. Mary Ellen Gunnison Two coins that make up twenty-five cents or bring your own Java. "Motorcycle" Dave Todaro A new Harley with big black rubber baby bumpers. (I'll throw in some training wheels, too!) Tom Sartoga A new bottle of Mousse. I think he lost his old one right around interviewing time. Maybe it's in your vest pocket, Tom. Randy Fahs A receptive publisher, so Randy can write his "Municipal Law Trivia Book." After that Randy can hit the quiz show circuit. Charlie Telford A soap box, a column, and a radio — .. — — — Miss Social Procedure show all entitled "Stemming the Red Tide." Uncle Charlie wants you to wake up and smell the coffee! Tim Burvid A case of beer at theBrick Bar. The perfect way to begin a weekly hegira. The Two L. Sec. 2 Flag Football Team —After the triumphant drive for clothing, only mugs, trophies and glory re- — main. — Todd Bullard A restful vacation and a swift and complete recovery. Law Review Brand new ceramic coffee mugs (gold leaf name plates are optional). The Opinion A typewriter that works. — — Fiona Smythe-Horch Questions at Close of Class in Poor Taste Dear Miss Social Procedure: Help! My class is populated with last-minute contributors who always have pearls of wisdom to share just as it's time for class to end. What can I do? Fed up with widgets Dear Fed up. You have targeted one of my favorite pet peeves and one which is seldom approached as a matter of etiquette. Your discomfort, no doubt, arises from an irresistible urge to leave class at the appointed hour, combined with your fear of appearing rude. A closer examination indeed reveals an intolerbut, gentle ably rude party reader, it is not you. Allow me to elaborate. While I certainly empathize with this problem, your surprise at encountering these chronic pests in law school amazes me; we have all known — them since kindergarten. The Eddie Haskells of the world thrive on Socratic method and an insatiable thirst for attention compels them to speak much as a spaniel speaks for a pork chop. It matters not what they say, but only that they say it. One day, and very soon, I expect to hear: "And might I add, Professor Gradegiver, you look lovely in those pearls today." Other, less tasteful institutions resort to measures as stern as hissing and booing. But here, at an ever-so-proper law school, we recognize the entertainment value of such personages. Our largesse, however, can easily be strained to its limits. This affliction is the unfortunate result of poor upbringing— future parents of the world take heed. The babies who boggled their mums with perfect diaper formations, the ten-year-olds who pummeled Fur Elise for adult New Year's Eve parties, the college freshmen who produced eighty-page treatises on Renaissance shoes, these are the same shining stars who, cleverly sensing yet another captive audience, regale their classmates with shockingly personal revelations and selections from Greek mythology. Your remaining in the room encourages these antics as a bushel of chocolate encourages an emerging pustule. Many consider this unfortunate affliction to be the Student's Stockholm Syndrome a — prisoner-of-war's identification with his or her captor. While professors occasionally detain classes overlong, it is understandable; they are fascinated by estoppel, enamoured of proximate cause, and delighted with mens rea. The gentle rustle of closing books, snapping of notebook rings, and zipping of backpacks will usually nudge them from a legal ecstasy. A student's job is to track the minute hand and those who not only shirk that duty, but contribute to its violation, are anathema to their classmates. Identification of hard-core offenders can be achieved by recognizing an oft-repeated preface such as "I don't know how ,"or "This you can say that. . .. only my opinion ,"or "Maybe I'm all wet..." Occasionally, they document their thorough understanding of the law through personal acquaintance with an individual who once passed a jail, or heard a clanging burglar alarm, or knew a Russian who played roulette. is The offenders' contributions are often carefully engineered to reveal (Eureka!) the blinding light of their intelligence. They draw on a broad knowledge of the law to produce astoundingly eclectic hypotheticals. Pour example: What if I, like, contract you to print eight million Christmas cards and get a, you know, motel room in Atlantic City. You break into the room and shoot me, you know, thinking I'm a stuffed deer. But, like, I'm not really dead, just poked in the eye with a sharp stick and ..." Gentle Reader, if ever there was a time to leave, this is it... Miss Social Procedure Miss Social Procedure tries to answer general questions on professional school etiquette. Queries may be submitted to The Opinion. Reprints from The Boy Mechanic — Published in 1913 Electric Rat Exterminator Some timeago we were troubled by numerous large rats around the shop, particularly in a storehouse about 100 ft. distant, where they often did considerable damage. One of the boys thought he would try a plan of electrical extermination, and in order to carry out his plan he picked up an old zinc floor plate that had been used under a stove and mounted a wooden disk 6 in. in diameter in the center. On this disk he placed a small tin pan about 6 in. in diameter, being careful that none of the fastening nails made an electrical connection between the zinc plate and the tin pan. This apparatus was placed on thefloor of the warehouse where it was plainly visible from a window in the shop where we worked and a wire was run from the pan and another from the zinc plate through the intervening yard and into the shop. A good sized induction coil was connected with these wires and about six dry batteries were used to run the induction coil whenever a push button was manipulated. ment proved quite too effective, for after a week the rats all departed and the boys all regretted that their fun was at an end Contributed by John D. Adams, Phoenix, Ariz. — Electric Anaesthesia It is a well known fact that magnetism is used to demagnetize a watch, and that frost is drawn out of a frozen member of the body by the application of snow. Heat is also drawn out of a burned hand by holding it close to the fire, then gradually It is quite evident that when a rat put its two fore feet on the edge of the pan in order to eat the mush which it contained, that an electrical connection would be made through the body of the rat, and when we pushed the button up in the shop the rat would be thrown 2 or 3 ft. in the air and let out a terrific squeak. The arrange- drawing it away. The following experiment will show how a comparatively feeble electric current can undo the work of a strong one. I once tried to electrocute a rat which was caught in a wire basket trap and accidentally discovered a painless method. I say painless, because the rodent does not object to a second or third-«xperiment after recovering, and is apparently rigid and without feeling while under its influence. To those who would like to try the experiment I will say that my outfit consisted of an induction coil with a 3 /8-in. iron core about 3 in. long. The primary coil was wound with four layers of No. 20 wire and the secondary contains 4 oz. No. 32 wire, and used on one cell of bichromate potash plunge battery. The proper amount of current used can be determined by giving the rodent as much'as a healthy man would care to take. Fasten one secondary electrode to the trap containing the rat and with a wire nail fastened to Homemade Cihhod Which .ill Hurl the other terminal, hold the vibrator of the coil with your finger and let the rat bite on the nail and while doing so release the vibrator. In three seconds the rat will be as rigid as if dead and the wires can beremoved. Now connect your wires to the primary binding-posts of the coil and wind the endof one of them around therat's tail and start the vibrator. Touch the other terminal to the rat's ear and nose. In a few minutes he will be as lively as ever. Contributed by Chas. Haeusser Albany, New York — • Life-Silt Dummy IN Ft. through th« Air Comics Chapus by December 10,1985 The Opinion 7 �The Solid Foundation... Josephson/Kluwer's written materials through Law School and through the Bar. ■ \ Blueprint for Success . \ \ \ The basis for any complete Bar Review Course is the written materials. Compare ours to any others and you'll find: \ \ \ \ Pride ofAuthorship Josephson/ Kluwer's faculty of outstanding Law Professors is associated by name with the Law Summaries. Personal accountability and pride of authorship keep our Law Summaries current, accurate and of the highest quality. , JOSEPHSON/KLUWER BUFFALO REPRESENTATIVES Stuart Adler . Lawrence Basel Howard Berman Julie Brett Davidßrown JoeCallery ., D Phil P Chamot Eric Chester , W Ik Irene Fassler k Evelyn Gawronski Cel.a Garelick Jeff Gibb Maryellen Gunmson EvelynGurd.n Nancy Holtby Pam Neubeck Dennis Ng n a *v -r Torres Anthony Michelle Palmane a i Rose-Ann Landau Tim McEvoy ing gnd expert summarization make the josephson/Kluwer Law Summaries the most concise and comprehensive bar exam aids Elaine Pers Martha Post Marcy Scher Scott Sciumeca .that, ,United,Z avaj|ab|e Thjs se ectjve ' Bonnie Mettica Capsule Outlines Each sub stantive Law Summary has a separate, very concise, capsule outline which performs three major functions: a) it provides a structural overview of the area; b) it is a detailed index to the Law Summary,- c) it is a review checklist of definitions, rules •. . . time is insures your not and that testable conee Pts and P r,nci P les receive maximum attention. Fern Merrenstein Carol Giarrizzo • Law Summaries Intelligent edit I and concepts. JIGs (Josephson Issue Graphs) These unique visual study aids assure retention of the most fundamental principles of law. / / I / ■ iL . ■k, ' ( Josephson/Kluwer Eastern Regional Office ,(212)505-2060 (800)253-3456 The Opinion December 10,1985 8 ■ j Josephson/Kluwer National Headquarters (213)558-3100 (800)421-4577 Past Bar Questions The con textual analysis that is required for effective issue spotting is supplied by a selective series of essay questions and suggested analyses Internal Review Our Law Sum manes feature internal leview problems at the end of each major section to assure comprehension, memory retention and ability to apply the information learned. By dissecting testable issues and principlesfrom all past bar exams. the questions have been carefully developed to assure the student of focusiny on vital issues. - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1985-12-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/10/1985 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b351668be224b7877606768de8c04a52.pdf db9bdfa8887137655dda6be2a168f098 PDF Text Text THE OPINION Volume 26, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 29. 1986 Professional License Declared Marital Property Subject to Equitable Distribution in Divorce by Victor R. Siclari On Thursday, December 26, 1985, the New York State Court of Appeals unanimously decided O'Brien v. O'Brien, Docket No. 628, holding that a professional license acquired by a spouse during marriage and to which the other spouse contributed financially or by other means is marital property subject to equitable distribution upon divorce. This decision places New York State in a minority position with respect to other states. According to Judge Simons, the decision reflects the legislative process and intent in amending the Domestic Relations Law in 1980 to add the provision for equitable distribution of marital property. Paraphasing §236 of that law, Judge Simons said "an interest in a profession or professional career potential is marital property, which may be rep- resented by direct or indirect contribution of the non-titleholding spouse. The full text of the opinion by Judge Richard D. Simons has been printed in the New York Law Journal. Monday, Dec. 30, 1985, pp. 4-5. The following is a summary of the opinion. The two parties married in 1971 at which time both were employed as teachers. Defendant-wife relinquished the opportunity to obtain her postgraduate degree and permanent teaching certification so plaintiff-husband could complete his bachelor's degree and pursue studies in Mexico as a full-time medical student in 1973. They returned to the U.S. in 1976 whereupon the husband finished medical school and his internship training and was licensed to practice medicine in 1980. The trial court found that the wife had performed the house- work, managed the family finances and was gainfully employed throughout the marriage, contributing all of her earnings to their living and educational expenses. Herfinancial contributions were declared to be 76% of the parties' income, exclusive of her husband's $10,000 student loan. The plaintiff-husband filed for divorce two months after receiving his medical license. The trial court found the medical license and degree to be marital property with a present value of $472,000, and made a distributive award to the wife-defendant of $188,800, representing 40% of the value of the license, to be paid in eleven annual installments. The court also required the husband to maintain a life insurance policy on his life for his wife's benefit for the unpaid balance of the award. The Appellate Division, Sec- ond Department, in a divided decision, concluded that a professional license acquired during marriage is not marital property subject to distribution, thus concurring with a previous decision in the Fourth Department. In reinstating the decision of the trial court. Judge Simons found that the equitable distribution law broadly defines marital property, "regardless of the form in which title is held," § 236(B)(1)(c). Marital property is a statutory creature which has gone beyond traditional property concepts and does not resemble and common law property interests. The legislature left it up to the courts to determine whether the property interests are separate property or marital property. Judge Simons further said that subsections 235(8) (5), (6) and (9) mean that an interest in a profession or professional career potential is marital property which may be represented by direct or indirect contributions of the nontitle-holding spouse, including financial contributions and non-financial contributions made by caring for the home and family. According to the statutory history, equitable distribution was based on the premise that marriage is, among other things, an economic partnership to which both parties contribute as spouse, parent, wage earner or homemaker and that these respective contributions should ordinarily be regarded as equal. Thus, upon dissolution of the marriage, there should be a "winding up" of the parties' affairs, much like a partnership. The concept of alimony, a means of lifetime support and dependence for one of the spouses, is replaced by the concept of maintenance, • continued on page 2 Dean Candidate Has Impressive Background by Peter Scribner William Simon, Associate Law Professor at Stanford University and reknown jurisprudential scholar, visited the U/B Law School December 12 & 13 at the invitation of the Dean Search Committee. Simon was one of the three dean candidates to visit the school this past Fall. During his stay here, Professor Simon met with small groups offaculty and staff members, and talked with students. Although only a law professor for five years, Simon pos- sesses an impressive and varied legal background. He worked in Boston for six years before going to Stanford, first as an associate at a large private law firm, then in a legal aid organization. He is therefore experienced in both large corporate and pro bono legal advocacy, in addition to his academic work. Simon is the authorof one of the most influential works on legal ethics written in the past two decades, "The Ideology of Advocacy," published in the fall 1978 Wisconsin Law"Review. In this wide-ranging attack on professional legal ethics, Simon contends that lawyers tend to treat ethics as a professional rather than a personal matter, and therefore avoid responsibility for the real world consequences of their actions. Attorneys attempt to act as partisan advocates for a client's end while simultaneously being neutral as to the justification of that end.Adherence to this concept of the professional advocate results in attorney be- copy, according to University Libraries officials. Sharon Schiffhauer, assistant to the director for budget and statistics, said the current fivecent cost per copy which has existed since 1979, has forced the University Libraries to operate at a loss for too long. This, she said, along with the need to recover staff costs, the cost of the newer photocopiers (approximately $7,500 to $8,000 flict between the client's goals and the attorney's personal ethics must be resolved, not ignored, even if this may occasionally mean the termination of the lawyer-client relation. In his visit to the school, Simon expanded upon this position. He stated that in working with law students, he attempts to explore the practical as well as the ideological restraints that inhibit attorneys from challenging the ethics of their client's actions. He believes that even junior associates have more _ continued on page 2 New Tax Professor Sought by Committee O'Brian Gets New Copiers; Higher Price by Paul W. Kullman it was out with the old and in with the new during the semester break as three Xerox 1045 photocopiers were installed in the Sears Law Library, replacing the three Xerox 4QOO models. The higher quality Xerox 1045 photocopiers were also installed in the Lockwood, Undergraduate and Science and Engineering Libraries. But higher quality photocopiers also means users will be paying a higher price per havior that the rest of society finds repugnant. Simon's answer to the problems of professional advocacy is to turn legal ethics into a personalrather thana professional matter. Attorneys need to take personal responsibility for the outcome of their actions in advocating their client's positions. An attorney, therefore could be a partisan of the client or neutral toward the client's goal, but not both simultaneously. The attorney and the client must justify each to the other. Con- by Krista Hughes The search for a new tax law professor resumed this semester when the Appointments Committee invited six faculty candidates to visit the Law School. Alvin Knott, the second of the six candidates, met with several students and members of the Committee on Tuesday, January 21. The Appointments Committee Hew Xerox Machine. each) and the more expensive supplies which they will use, will result in an eventual rise in the cost per copy. The increase, according to Schiffhauer and Director of the Law Library Ellen Gibson, will vary depending on whether a user chooses to utilize a plastic Vend-A-Card (at 7.5 cents per copy) or a coin (at approximately 10 cents per copy). The Vend-A-Card f.tature, according to a January 14 memo **<>» <-"dk: r.ul X. Hinmwid written by Gibson, was implemented in the Health Sciences Library in November 1985. and has been well-received. To use a Vend-A-Card, Gibson said the user must put a dollar into a Vend-A-Card machine (not yet availabfe) and will receive a permanent card pre-credited for 50 cents worth of copies. She said the card can be reinserted and pre-credited for any whole dollar amount up to 99 dollars. continued on page 2 also interviewed Victor Thuronyi, a Harvard Law School graduate who is presently working in Washington, D.C. as Attorney-Advisor in the Office of Tax Legislative Counsel of the U.S. Treasury Department. Thuronyi has published articles on developements in tax law and proposals for reform therein. He has also testified before Congress on vari- ous aspects of Taxation. Knott is currently a tax associate in the Manhattan law firm of Kramer, Levin, Nessen, Kamin & Frankei. He is now considering a transition to teaching because he feels that in practicing law one is often forced to "sacrifice depth," and teaching would give him an opportunity to "think about the broader issues" of tax law. Knott's approach to teaching would include three ways of "bringing tax law to life." One way would involve "tracing an individual through various transactions" so that students could become familiar with the practical aspects of tax law. Another approach would be a more theoretical policy approach in which Knott would explore the "basic functions of tax." The third approach would be applied to a basic tax law course and would be essentially analytical, a combination of the other two approaches. Although tax is a required course and classes will inevitably contain students who are less than enthusiasticabout the continued on page fi �Elected Greenbaum ■ UB Grad Heads NYSBA Buffalo attorney Maryann S. Freedman has been elected the first woman President of the NewYork State Bar Association (NYSBA). A graduate of the State University at Buffalo School of Law, Freedman was Confidential Law Clerk to State Supreme Court Justice William J. Ostrowski. She previously was an Assistant New York State Attorney General. Freedman is a member of the House of Delegates, NYSBA's governing body, and its Executive Committee. She is also a director of the New York Bar Foundation and is active in the New York State Conference of Bar Lenders. A past president of the Bar Association of Erie County, Freedman also has served as a director of the Association of Women Lawyers. She has been president of the Erie County Aid to Indigent Prisoners Society, Inc., Pretrial Services, Inc., and the Women Lawyers Association of Western New York. She is past chair of the United Way Task Force on Delivery of Legal Services to the Poor. The New York State Bar Association is the official of statewide organization lawyers in New York and the largest voluntary state bar association in the nation. Formed in 1876, its purposes are to aid the administration of justice, promote legal reforms, and apply legal knowledge and experience for the public good. Among its programs to accomplish such purposes are continuing legal education for its members, monitoring the attorney discipline system, law reform, public information, and the operation of a statewide Buffalo attorney Leslie M. Greenbaum has been elected president of the Law Alumni Association of the State University at Buffalo. Greenbaum, a 1974 Law School graduate, succeeds Rose H. Sconiers, director of the Legal Aid Bureau of Buffalo, as president. In addition to electing officers, all for one-year terms, the alumni group named seven members to its 21-member board of directors, allforthree-yearterms. Other officers elected were Doublas S. Coppola, vice president; Robert W. Keller, treasurer, and Robert Shaus, secretary. NYSBA President Maryaitn S. h'reeilman lawyer referral service. Membership in the NYSBA is voluntary forall attorneys licensed to practice in New York. Minorities Static In Hiring A recent study conducted by the National Law Journal (12/ 23/85) shows that while the number of women entering large law firms is rapidly increasing, the number of black and Hispanic lawyers has remained "virtually unchanged" since the late 70s. Asian-Americans, in addition to women, are being recruited at an increasing rate, attributable to firms' new markets in the Pacific Basin. Asian-Americans now outnumber Hispanic attorneys both as partners and associates. This is occurring despite the fact that Asian-Americans make up a smaller portion of the general population. These tendencies, according O'Brien Case.. which seeks to allow the recipient spouse an opportunity to achieve economic independence. The court found that nearly all of theparties' nine-year marriage was devoted to the acquisition of the husband's medical license in which the wife played a major role. Her continous employment, financial contributions, career and educational sacrifices and travel with her husband to Mexico represent investments in the economic partnership of the marriage, thus rending the professional license a product of the parties' joint efforts, i.e., marital property. It is irrelevant that a professional license has no market value. The Jegislature recognized this limitation and has provided for an award in lieu of its actual distribution as property. The court will not limit an award to retrospective maintenance or reimbursement for direct financial contributions since to do so would frustrate the intent of equitable distribution and the concept of an economic partnership in marriage. This would be analogous to limiting a spouse's share of real estate or securities to the money contributedwithout any remuneration for any incremental value in the asset due to appreciation, a result at odds with the statute. The court considered three additional issues brought forth by the plaintiff-husband. First, Judge Simons found thatthe evidence supported the factual findings of thetrial court to professors, the NAACP, and thefirms themselves can be attributedto thefact that "women come from the same social and educational milieu" as white male attorneys and thatwomen are entering law school in increasing numbers. One attorney noted, "There are so many women lawyers that you would have to engage in quite active discrimination to exclude women from partnership". Black attorneys say the commitment to hiring minorities which existed in the 70's has slackened. One lawyer said, "It's no longer fashionable to hire minorities. During the 70's, even white candidates asked how many minorities were in but the decision did not indicate what factors it considered or the weight attributed to them in making the distributive award, as requi red by the statute to ensure an intelligent review of the broad discretion entrusted to the trial judge. Since the Appellate Division has the same authority to make an award of marital property as the trial court, either it may effectuate the award or remit it to Special Term. Second, marital fault is not a "just and proper" factor for consideration in the equitable distribution of marital property except in egregious cases which shock the conscience of the court. The court reasoned that marital fault usually will be difficult to assign, will involve time consuming procedural maneuvers relating to collateral issues, and is inconsistent with the underlying assumption that upon dissolution of the economic partnership of marriage the parties are entitled to a fair shareof the marital estate. Third, the discretionary authority of theAppellate Division to award counsel fees or expert witness fees is as broad as the trial court and is upheld since it was not an abuse of discretion. In a concurring opinion, Judge Meyer points out thatthe Legislature shouldconsider the implication of the language of §236(8) (9) (b), which proscribes modification of a distributive award, once made.Because the court is dealing with a professional in training who is not committed to a career choice, a distributive award is based on The Opinion January 29,1986 2 the firm. I haven't heard that question in 10 years." Others say minorities don't stay in firms long enough to make partner because minority associates cannotfind a mentor to teach them the ropes in a firm. "People tend to gravitate to people like themselves, and some have trouble seeing blacks as like themselves," said Joy Jones, the first black partner in the New York City Rogers and Wells. Law firms say they hire the cream of the crop despite race or sex. One lawyer noted that it would be suicidal to turn down a top candidate based on these factors. continued from /Hive I many speculative factors, such as the final field of medicine chosen, the earning capacity of this individual, the duration of his career, and the possibility of physical disability. Thus, it should be permissible for the court to revise the distributive award to conform to facts contrary to the original decision, rather than making an unmodifiableaward which may The Environmental Law Society and SBA Social Committee are sponsoring a cross-country ski trip for all law school members, faculty and staff to Allegany State Park on Sat., Feb. 8. / We will be renting two vans to transport up to thirty people to one of the best cross-country ski areas in NewYork State. There will be no- charge but New Copier... As the Vend-A-Card is used up in the photocopier, Gibson said the photocopier will give a digital readout of the balance on the user's card. The balance can be increased at anytime by returning to the Vend-A-Card machine to re-credit thecardfor the desired amount. Gibson said one Vend-A-Card machine will be located on the second floor of theLaw Library next to the present change machine, while two others will be located in theLockwood and Undergraduate Libraries. According to Gibson and Schiffhauer, the new photocopiers produce better copies at a faster rate, and the increased cost per copy may per- lock a spouse into a particular kind of practice to meet the monetary obligations imposed by an award. Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what the applicant will do upon his/her return to share the benefits with the Law School and/or wider academic community, (2) a conference brochure or other publicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86prior to an award will be reimbursable if the proposal is later funded. Spring semester applications should be submitted to the Dean (Rm. 319) by February 18,1986. Newly named as directors were Barbara Howe, Dan D. Ko hane, Margaret Lilis-Snajczuk, U.S. Magistrate Edmund F. Maxwell, Daniel C. Oliverio, Eugene F. Pigott Jr. and Thomas M. Ward. Greenbaum, a former Buffalo assistant corporation counsel, is a member of the law firm of Gross, Shuman, Silver, Laub and Gilfillan.He also has served as an instructor and lecturer on legal implications related to the fine arts and performing arts. A 1968 B.A. graduate of the State Universtity College at Oneonta, Greenbaum was student body president in 1967. PTSrkipi lanned those folks without equipment can rent all that's needed at Al legany. We will be leaving at approximately 8:30 a.m. from Buffalo and returning late in the afternoon. All those interested should attend a meeting in the first floor lounge Wed., Feb. 5, at 3:30 to sign-up and get further details. continued from page I suade off-campus users to go elsewhere once the new price structure goes into effect. Both admitted, however, that they are unsure when that will be. In the interim, users will be able to utilize the "new" photocopiers at the "old" price of a nickel a copy, when the photocopiers are working. At thetime of publication, only one of the three was in serviceand Gibson said she was uncertain when the others would again be operable. Dean Candidate cimiimmlfrihn pant' I room to maneuver regarding their client's conduct than they commonly believed. It is ironic that law school deans are expected to be scholars of the highest order, yet they spend more time fixing leaky roofs and drumming money out of state bureaucrats and alumni than anthing else. legal, While Simon's academic and scholastic experiences are extremely impressive, he acknowledges that he lacks direct administrative experience. He has never run a large bureaucratic organization, although through his work in Boston he has had extensive contact with such organizations. Simon believes he has accomplished what he set out to do in the academic world and is eager for the new challenge of being an administrator. He finds the law school here particularly appealing due to the diversity of both the faculty and students. Simon said that he found it frustrating trying to encourage his Stanford students to consider the opportunities and problems of the small practitioner, the pro bono attorney and the government lawyer when almost all of them were heading directly to large private firms. He says that Buffalo has a rare mixture Of students interested in a variety of legal careers. �The Eternal Pipe Bursting Ordeal Continues; Law Library Copy Machines Threatened Paul W. Kullman Yetanother chapter hasbeen added to the never-ending pipe-bursting saga being written inside the walls of theSears Law Library. •The latest incident in the tale of events which dates back to Fall 1984, occurred during the December 14-15 weekend in the middle of the final examination period. A pipe in therear photocopy room on the second floor suddenly burst, thoroughly soaking the carpet and necessitating the shutting down of the two Xerox photocopiers. The photocopiers were not damaged, but had to be unplugged because of the amount of water, according to Law Librarian and DirectorEllen Gibson. Gibson said the problem was compounded with the arrival of by the new Xerox 1045 photocopiers, "We wound up with four unusuable copiers sitting on a wet rug." But being "all wet" is nothing new in the life of the library or those who frequent it. The seventh floor roof leaked intermittently from 1977 until it was finally resurfaced last month. And the pipes, according to Gibson and past Opinion articles, have been bursting since the winter months of 1984, when a rupture occurred in one of the second floor walls comprising the Library Reserve Room. The same pipe ruptured again in January 1985, causing water to gush out as far as the display cases near the library entrance and damaging expensive ALA dictionaries and other books. Broken pipes in O'Brian copy nwm. PftoM Crtdll: IW Q. l/»mi>i™rf Gibson, in an interview with The'Opinion on Monday, Janu- ary 20, said pipes have also burst in the loan clerk's office. the storeroom adjacent to that room and the O'Brian Room. She said she was unsure of the total number of occurrences to date, but did add that several maintenance people have been in the area the past couple weeks and that it "appears" something will be done. "I've learned someone in the University has seen to a project to prevent the pipes from bursting on the whole south side of the building," Gibson said. "I don'tknow how they'll do it, but it appears the problem has finally been noticed and repairs are being planned." Dean H. Fredericks, assistant vice president for University physical facilities, was unavailablefor comment at the timeof publication. Yearbook Chartered By SBA; Bullard Back by Idelle Abrams The Student Bar Association, at itsfirst meeting of the Spring semester, on Wednesday, Jan- uary 22, covered a wide range of old and new business. They voted to charter therevived law school yearbook as a student organization, received PresidentSteven Sample's response to the open letter signed by the law school's nineteen student organizations, and announced the return of Todd Bullard to school and to his position of Vice President of SBA. Victor Siclari appeared before SBA to request a charter for the yearbook. The purpose of a charter would be "so that they can utilizeSub Board to deposit checks for ads that are sold," according to Siclari. He also asked for the "standard $200" allotted to new clubs as start-up monies. Siclari indicated that this money would be spent mainly for photography supplies so that the yearbook staffcould begin to take photos of the faculty and staff, special event, and candids of the student body. SBA voted unanimously both to charter the yearbook as a student organization and to provide $200 to help the yearbook get started. Lori Cohen, President of SBA, read President Sample's response to the letter sent by the law school student organization and published in The Opinion on December 2, 1985. The letter cited many students' conems about the state of the building, the control over classroom spaces, and the lack of word processing facilities in the library. But the stronger general concern was the "University Administration's disinterest" in the law school. According to the letter this disinterest was "made clear" by Sample's State of the University Address which "was devoid of any mention of the law school." Sample President responded, "Let me assure you that I share your pride in the reputation and accomplishments of the faculty of Law and Jurisprudence. However, as you can well understand, it simply is not possible to recognize every distinguished part of such a large university in every speech." In response to the specific problems raised in the letter Sample said, "It is usually most effective to follow the normal administrative channels in resolving problems and complaints" and recommended SBA take take up these issues with Provost William R. Greiner. Todd Bullard, SBA Vice President who suffered a heart attack in November, is now back at school and will resume his position as Vice President, announced Cohen. He will be working primarily with the Rules Committee where his ex- perience last year as chairman of the committee will be most helpful. Leslie Shuman, appointed as Special Assistant to the Pres- identwhile Bullard was recoup crating, will continue on that capacity. She will help carry some of the administrative burden. "We don't want Todd to go full stream," said Cohen. Several dean candidates have visited the law school in forums open to the student body. Cohen expressed concern that students generally have not been participating in these meetings. "I hear mumblings all the timeabout people who want to have input intothe school. This is a great time to have input. (However) there haven't been more than ten to twelve people at any of the meetings." Cohen encouraged students to attend the meetings, especially first year students who will be most affected by the choice of a new dean. The Social Committee reported on themany events they Rave planned for this semester. A "Happy Hour" is scheduled for Thursday, January 30 from 9 p.m. to 1 a.m. at Pine Lodge on Millersport. Five dollars will buy chicken wings and all you can drink. A "Suitcase Party," still to be scheduled, will raffle off a four day trip to sunny shores in three countries where "it never rains." The trip will be for the weekend of Washington's Birthday but the exact location the trip will remain a mystery until the prize is announced. The "Law Revue," the annual musical comedy revue featuring studentsand faculty will beheld at the Tralfamadore Cafe on Sunday, March 16. Everyone is invited to attend an organizational meeting being held on January 30 at 5:30 in the first floor lounge, or contact Howard Spierer, MB. #762. they occur. Photographs will be returned only if requested and it is placed in an evelope which Third, people are needed to work on the yearbook. If you are interested, please attend a Law School Yearbook Returns After 15 Years During the first week of school, many seniors had their photographs taken. Not only will the developed pictures be used forthe school's composite of the Class of 1986 and be available to the students for purchase, but the pictures will also be used in the law school's yearbook, The Advocate. The Advocate has been defunct since 1971, when the last yearbook was published. However, it has been revived by third-year studentVictor Siclari, and on Wednesday, January 23, the SBA granted it a charter and funded it $200, a standard figure for all new SBA organizations. In addition, assistance may be' forthcoming from the administration. Other funding for the yearbook will come from ads sold to area vendors, law firms and bar review courses, boosters (written messages) sold to students, and donations from the academic community. This business aspect of the yearbook is being organized by firstyear students John Williams and Josh Rosenblum. The remaining funding of the yearbook will come from the $12.50 price charged for purchasing the yearbook. Only a57.50 deposit will be required to secure an order for each yearbook, and depending upon the number of yearbooks, ads and boosters which are sold, the price of the yearbook may be lowered to $10. To make the yearbook successful, several things are neededfrom the students. First, for those seniors who had their portraits taken the first week of school, you must select the pose you wish to be used for the yearbook on Monday, Tuesday or Wednesday, February 3-5 in room 312 O'Brian, otherwise a pose will be selected for you. Any senior who did not have their portrait taken and wishes to do so must sign up for a sitting in room 312 by Monday, February 3, otherwise your pictures will not appear in the year- book. You may submit your own photo for the yearbook in an envelope with your name on itand drop it off at room 724 O'Brian Hall by Wednesday, February 5. Second, so that the yearbook will include candid pictures of as many students as possible, first, second and third-year students are urged to submit their own black and white or color photos. Candids can be pictures of law school events, law students, places or things which will evoke memoriesof U/BLaw School and Buffalo. Candids should be dropped off in Room 724 O'Brian by Wednesday, February 5. Candids of things happening later in the semester should be submitted as soon as possible after FREE BAR/BRI Review Course* Raffle Tickets being sold by The Buffalo Federalist Society $ 1.00each or 6/$5.00 —Available in front of library daily 11:30-12:30 �$5.00 credit off New York State ReviewjCourae. has your name and address on it. meeting/recruitment party to- continued on page 8 RESUME pECIAL! \MSM S Latko FOR STUDENTS & FACULTY rirfllSe) With this ad... PACKAGE OF 50! Includes 1 pg. resumes (BVz x 11, black ink) •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes •ij£ NOW §g|i=j9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Expires 4/30/86 Save this coupon. — Serving North & South CampuMtl 1676 Niagara Fads Blvd. 3171 Main Street Tonawanda, N.Y. 14150 Buffalo. NY 14214 834-7046 835-0100 ...J January 29.1986 The Opinion 3 �Programs Offer Opportunity to Study Dickinson Students who wish to study in Italy, Austria and France next summer may enroll in the 1986 Summer Seminars Abroad program sponsored by The Dickkinson School of Law. Credit programs will be conducted in Florence, Italy; Vienna, Austria and Strasbourg, France during the Summer of 1986. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission to these programs. The first summer program involves four weeks of study in Florence, Italy, beginning June 7 and concluding July 4, 1986. European scholars and practitioners will work with members ofThe Dickinson School of Law faculty to teach courses in comparative law, comparative taxation and comparative tort and compensation law. Classes will be taught in English and will be conducted at the University of Florence. Each of the three courses is rated at two credit hours and involves 28 class hours of instruction and a two-hour examination. Registrants may enroll for a maximum offourcredit hours. The second summer session involves two consecutive twoweek sessions, the first in Vienna, Austria beginning July 6 and the second in Strasbourg, France beginning July 20 and concluding August 1,1986.During the four weeks accredited courses in international business law and international transport law will be taught by members of the Dickinson Law faculty and international legal scholars and practitioners. Facilities of the University of Vienna School of Law and the A little bit A little bit weekly seminars. A tax-free stipend and a fully paid comprehensive health plan are provided to each Fellow.The deadline for application submission is February 15, 1986. The Summer Management Intern Program offers^O college juniors, seniors and recent (1986) graduates the opportunity to work in city government fuil-time from mid-June to midAugust. Jo be eligible, students must have a permanent homeaddress in NewYorkCity. Summer Management Interns receive $2,000 for the ten-week internship. During the summer they participate in weekly seminars conducted by city officials. The deadline for application submission is February 1,1986. United Nations Commission on International Trade Law in Vienna and the University of Strasbourg School of Law and the Council of Europe in Strasbourg will be made available to registrants. Each of the two courses is rated at two credit hours and involves 28 class hours of instruction and a twohour examination. For additional information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education; The Dickinson School of Law, 150 South College Street, Carlisle, 17013, Pennsylvania telephone: (717)243-5529. Internship Interested students can find The New York City Urban Fellows and Summer Management Intern Programs offer 60 qualified students an opportunity to have hands-on experience in municipal government agencies. Program participants select their jobs in policy areas such as housing, planning, social service implementation, criminal justice, fiscal operationsand intergovernmental relations. The academic component of the program involves seminars conducted by city officials and graduate faculty affiliated with public administration programs in the metropolitan area. The Urban Fellows Program offers 20 outstanding college and graduate students the opportunity to participate in city government in both management and policy capacities. During the nine month fellowship (September May), Fellows receive an intensive introduction to New York City and its government, work closely with City officials on long and short-term projects, and attend - applications and additional information with their fellowship or financial aid officers, the de- partmental chairperson of their school, their placement officer, or by writing to: Director, NYC Urban Fellows Program, 220 Church Street, Room 338, New York, New York, 10013, 212-233-0489. San Diego The University of San Diego's foreign programs will feature law tutorials in the Oxford style and the participation of Mr. Justice Stanley Mosk of theCalifornia Supreme Court. The program for 1986, announced by Institute Director HerbertLazerow of the University of San Diego, will provide studentswith an opportunity to study law in the same way that English students do. The tutorial method involves a personal relationship with a tutor in the preparation of a series of essays. The student starts with a topic and a reading list, and brings an essay to the tutor, and of this . . . of that . . . The Central Park Grill SUNDAY OPEN MIKE w/Mike&Judd pJZsLe. MONDAY JAZZ JAM FRIDAY FISH FRY q, M $dVb WEDNESDAY Shakin' Smith and his THURSDAY Bluesßand BarDrinks SATURDAY lOC Wings $3.00 Pitchers Seasoned To Fit Your Taste 2519 Main Street "A real bar and grill" KITCHEN OPEN TILL 2 A.M. 4 Th« Opinion January 29. 1986 50c Drafts $100 defends it. The hour-long discussion ends with the assignment of a new topic. Tutorials will be available in a large number of areas of international and comparative law, from the common market to the environment. The Dublin program features Justice Stanley Mosk teaching a course on State Use of International Human Rights Norms. Justice Mosk has been one of the leaders of the court for almost 20 years, and has written many landmark opinions. He was also well-received when he taught for USD in 1984. USD offers foreign programs on International and Comparative Law generally in Paris, on International Business Problems (including clinical work) in London, on Anglo-American Comparative Law in Oxford, on Internptional Human Rights Law in Dublin, and on EastWest Trade and Socialist Law in Russia and Poland. For further information, please write to Mrs. Sue Coursey. Law School, University of San Diego, Alcala Park, San Diego, CA 92110. SUMMER LAW STUDY Dublin London Mexico City Oxford Paris Russia-Poland San Diego Foreign Law Programs Univ. of San Diego Schoolof Law Alcala'Park, San Diego CA 92110 Capital U. University Capital Law School has initiated a summer foreign law studies program. Copenhagen, Denmark, one of the most interesting cities in Europe, has been chosen as the site for the summer '86 program. The program begins on June 30 and lasts five weeks. Anyone finished with one year of law school is eligible to attend. Summer in Copenhagen is beautiful. The weather is generally sunny and warm. Copenhagen's latitude is about the same as mid Canada, but the gulf stream brings it nice weather. Being so far north, the number of daylight hours is enormous in the summer. The sun sets about 11:00 p.m. and rises at 3:30 a.m. In June, it never gets completely dark. Oppressive humidity does not exist. Sailing in the straits between Denmark and Sweden compares with the best in the world. Cultural opportunities abound in Copenhagen. In late June a rock festival reminiscent of Woodstock is held in Roskilde, just south of Copenhagen. Spectators camp out for several days and watch many different bands. The world famous International Jazz Festival takes place in Copenhagen during the month of July. The Tivoli Gardens is one of the most beautiful amusement and cultural parks in the world. The concentration is not on rides, but entertainment, making it more attractive for law students. The park contains / Travel many world class restaurants. Most all the bars have live music in the evenings. Copenhagen also has many beautiful buildings and museums. The Danish people have a free educational system for students which includes a monthly, living allowance. The population as a whole is very well educated and students are politically active. Most know more about American politics than Americans do. They have open minds and do not-conform to societal molds without question. Sexual mores are entirely more liberal as well. This culture is integrated into the student by providing housing with local families.Each student will be invited.to live with a Danish family during the five weeks they are in Denmark, and participate as a member of the family. The families will include Danish lawyers, so the student can also discuss law. Nearly all Danes speak English so there is no communication barrier. The curricula will be of an internationalflavor and consist of Trust Law, European Community Law, Comparative AntiTrust Law and^Comparative Trial Advocacy. Mock trials will be held before Danish audiences. Trials will be held by American students under American law and by Danish students under Danish law. All trials will use the same basic facts. Besides faculty from Capital University Law School, the faculty will also consist of two Danish professors. Dean Gulmann of the University of Copenhagen will teach his specialty, European Community Law, of which Denmark is a member. He is a world renowned expert in the area. Professor Lookofsky, also of the University of Copenhagen, will teach Comparative Commercial Transactions. This course will concentrate on international trade. Independent Studies will also be offered. A student can earn a maximum of six semester credit hours during the session. Two library facilities are available to supplement the lectures. The collections are of sufficient quantity and quality for research projects. All grades will be given by Capital University. The program has been approved by theAmerican Association of Law Schools. Travel opportunities are excellent. The train system is very efficient. Hamburg is only a few hours away. Stockholm can easily be accessed on a The weekend adventure. Norwegian fjords are very scenic for hikers. Denmark in itself has a lot to offer in other cities besides Copenhagen. Transatlantic transportation is being handled by the school. An economical charter flight is being looked into for approximately $700 round trip. The cost of the whole trip is very reasonable. Tuition will be the same as at Capital. Some scholarships are available to help finance the program, on a need basis. Room and board with families will not exceed $200. The buying power of the American dollar is greater in Denmark than it is in the United States. For information, contact Professor Palmer, Capital University Law School, Columbus, Ohio. �, ,4*^B?%^ y^^Tß^^ Igf^ 2^VH\ Hr^^pfe/iMI t vKv. -HBsT J/MI UNITED STATES MARINE CORPS OFF.CER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 WEST HURON STREET IN REPLY REFER TO: BUFFALO, NEW YORK 14202 Dear Law Student: As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face fpllowing graduation. One of the biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. the Officer. Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trial work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. I'm After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. First or second year Law Students are eligible to apply for PLC (Law). The Marine Corps will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in drills, an inactive status. This means no "Marine Corps haircuts," uniforms, meetings, or classes during the school year. While in Law School you will you may be promoted with your peers on active duty. During the summer months Office, during apply for active duty work in a Marine Corps Judge Advocate which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 your second, and as much as $29,000 your third. > We will be on campus February 6th. See your Placement Officer for an ask interview or call (716) BU6-.U911A913 or toll-free a-800-FOR-USMC and for the Officer Selection Office. t Sincerely, -/JOSEPH k. </ S/COOLICAN First Lieutenant U. S. Marine Corps J»nM#iy.^ 1986, Thf.Option, 5 �OPINION mt% STATIUNIVSRSTTY Of NE»'YDHK AT BUFFALO SCHOOL Of LAW January 29, 1986 Volume 26, No. 8 Editor-in-Chief: Victor Ft. Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Ku 11man Features Editor: Timothy J.Burvid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy ProductionEditor: Charles E. Telford Contributing Editor: PeterScribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Krista Hughes, Jack Luzier, Amy Sullivan. Contributors: John K. Lapiana, Jerry O'Connor, Melinda K. Schneider, Dana Young © Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. O'Brien Poses Problems Editorial The O'Brien decision recently handed down by the Court of Appeals (see article in this issue) is a case with great import to law students who are obtaining their degree and professional license to practice law with the help of a spouse. The decision means that if any law student is receiving financial or non-financial contributions, either directly or indirectly, from a spouse, and thereafter seeks divorce, the law student's education and degree is considered an asset to acquire during marriage in which the spouse has an interest and claim (i.e. marital property subject to equitable distribution). According to O'Brien, the value of the student-spouse's degree and license depends upon such factors as the student-spouse's career objective, the expected wage in that field and the expected duration of employment (which in O'Brien was calculated as continuing until the age of sixty-five). This value is then discounted to reflect the present value of such life-time earnings. Finally, the court makes the award based upon the contributing-spouse's contributions and efforts. The case seems justly decided when restricted to its facts. The wife sacrificed her educational and career goals in order to help her husband achieve his. She traveled to and lived in Mexico with her husband for three years so he could pursue his medical studies. She even learned to speak Spanish so she could work as a kindergarten teacher and tutor while in Mexico. Thus, she is equitably entitled to a distributive award reflecting her contributions and efforts towards the attainment of her husband's degree and license. However, the impact of O'Brien in future cases of equitable distribution of marital property is at best uncertain. While there is little or no weakness in the reasoning of the main thrust of the decision (the degree and license is marital property subject to equitable distribution), there are several problems in the opinion which could render it either ripe for appeal to the federal courts or capable of distinction by the lower New York State courts. The degree and license was the only asset of the spouses. On a purely rhetorical level did the court in reaching its decision consider the husband's actions as an attempt to avoid an award of part of this asset to his wife? (The husband filed for divorce just two months after receiving his license to practice medicine. His wife asserted a counterclaim in her answer. Subsequently, he withdrew his complaint and reply to his wife's counterclaim. This resulted in thedeclaration by the trial court of an uncontested divorce for the wife.) On a substantive level, will O'Brien be limited in its application to cases where there is an uncontested divorce in favor of the contributing-spouse? Also, does this decision violate the husband's right to due process by refusing to consider the wife's marital fault and granting the wife a distributive award irrespective of such fault? Did the court exclude evidence of the wife's marital fault, even though it implicitly recognized the existence of such fault, on the question of equitable distribution merely because the wife was granted an uncontested divorce? (The court of appeal's opinion said, "We have no occasion to consider the wife's fault in this action because there is no suggestion that she was guilty of fault sufficient to shock the conscience.") Or, by saying that marital fault is not a "just and proper" factor except "in egregious cases which shock the conscience of the court," has O'Brien established a standard in contravention of 523618) (5) (d) (10) of the Domestic Relations Law, which says the court may consider "any other factor which the court shall expressly find to be just and proper." And if this is contrary to the legislative intent, will the state legislature amend the law to expressly reflect its intentions? Another problem is the court's reasoning for excluding consideration of marital fault. The opinion seems internally inconsistent since the court finds no difficulty in determining the value of a professional degree (compare the concurring opinion of Judge Meyer which acknowledges the speculative aspects of such determination) and the extent of the wife's contributions and efforts (which was computed as exactly 76%), yet reasons that "(marital) fault will usually be difficult to assign and may involve the courts in time consuming procedural maneuvers relating to issues." collateral While the O'Brien opinion can be seen as equitably correct with respect to its facts, it clearly has considerable problems with some of its legal analyses, especially with regard to its consideration of the issue of marital fault on the question of equitable distribution. Perhaps the court should have restricted itself to its reply to the question certified, i.e., a husband's license to practice medicine, acquired during marriage, is marital property subject to equitable distribution. In this manner, the opinion would not have opened up a can of worms by considering certain additional issues thereby giving future cases ample opportunity to distinguish O'Brien on its facts. .. Remembering Dr. King Last Monday, this country officially commemorated Martin Luther King Jr.'s birthday for the first time. A man of peace and a national hero. King devoted his life to social equality for people of all races and religions. For that, he surely deserves the honor which has at last been bestowed upon him. Rarely has one man possessed the eloquence and magnetic leadership qualities of a Martin Luther King, Jr. Rarely has one man been more influential in effecting legal and social change. Peace, harmony, justice and equality among all men was King's vision a vision toward which he worked tirelessly untilthe very day of his tragic assassination. Americans of all ethnic backgrounds should mourn the death of such a great leader. And every year, on the third Monday of January, we should remember not only howmuch this noble man accomplished, but also how much more remains to be done. — The Opinion 6 January 29, 1986 Concurrences and Dissents Response Methods A Legal — uear Messrs. Stern and Kullman: I must tell you thatI was very disturbed by your December 2, 1985 article on the Legal Methods Program. As a participant in the Program, and as a concerned member of the total law school community, I found your reporting both lacking in understanding of what Legal Methods really means and why the Program exists at this law school. You titled your article, "Legal Methods Students Concerned About Future," but failed to include input from any current participants. I don't expect that you had time to canvass us all, but comments from a representative sample certainly would haveenhanced the credibility of your article. While many of your facts about the Legal Methods Program are substantively correct; your presentation of those facts lacks context and does, I think intentionally, reinforce mistaken assumptions of superiority harbored and exhibited by some non-program participants. Since you mentionedthe fact that Program participants receive "special academic assistance," are privy to "a specialized academic curriculum,... take a reduced course load," and receive individual attention from professors and teaching assistants," it is also seemed as if the article should have explained exactly what all of that means. First of all, special assistance seemed to be a code phrase for tutorials. Legal Methods students participate in regularly scheduled tutorial sessions which are open to non-Legal Methods students. What goes on in the sessions is not privileged nor is it secret. They are for the most part conducted by teaching assistants, much in afashion similartothat of Research and Writing, in which all first year students participate. There are exceptions in which the professor has him or herself elected to conduct tutorials or to alternate with a teaching assistant. This is not the same thing as "individual attention from the professors." To my mind, professors here tend to be extremely accessible to all students. I have no sense as of this writing that they are particularly more accessible to Legal Methods students. The second code phrase was: "reduced course load." What was your intention in using the word "reduced?" DIFFERENT does not mean reduced or inferior. I take strong exception to your representation of these facts. The Legal Methods course is a course in landlord/tenantlaw. It meets on Tuesdays and Thursdays just as other classes meet. According to my assessment, that means thatall first year stu- dents are in class on the same days, at the same times, doing the same thing: trying to conquer the work before us! Finally, I have sensed, and in some instances been told, the following by non Legal Methods students, and here seems like a good place to address misconceptions that are reinforced by pieces such as yours: 1. Legal Methods students are in a four year program We, like most other students, are here for 3 years. 2. Legal Methods is the only special admit program It's — — not. 3. Legal Methods is only for people of color there are white students in Legal Methods. 4. Legal Methods students are here because they couldn't get in anywhere else—My conversations with other program participants and my own personal experience reveal that some of us were accepted at several other schools, often of national reputation, without the auspices of any "special pro- — gram." I personally chose SUNY law school almost exclusively because of its reputation as an innovative, progressive place of legal learning. In the beginning I really bought the hype I wanted to come here because I believed the place was "special". I've been somewhat disappointed in what I've found so far. Your article adds greatly to my sense of blighted hope. Sincerely yours, ... Fredericks Sands Editors Note: The description of the Legal Methods Program was taken from a brochure entitled "Opportunities for Minorities in the Legal Professions," printed 11-83 under the auspices ofAssistant Dean Vivian Garcia. Teacher Appointments Set Are you interested in providing some input as to whom the law school hires as new faculty members? If so, it is at this point in the school year that every student has a legitimate opportunity to make themselves heard. Since each of the student members of the Appointments Committee has a vote, the more input we get from our fellow students, the greater our ability to represent your thoughts and desires. The faculty members of the Appointment Committee have once again agreed to provide a time period for the students to meet with each candidate. Most of you have already seen the signs posted throughout the school indicating who the candidates are, and when they will be available to the student body. Hopefully, by the time this issue of The Opinion is printed, a good number of you will have taken thetime to meet with at least one of the first three candidates; Victor Thur onyi, Alvin Knott, or James Kainen. Being on the Appointments Committee has enabled us to witness the extensive work that goes into choosing thefew candidatesthat eventually come to Buffalo. The six people, who will interview at the schoolfrom Jan. 16 Feb. 11, have been selected from a pool of approximately 600 candidates. There are three candidates scheduled to interview at the - school over the next two weeks and each of them deserves our attention. The faculty has expressed some concern about providing time slots for students to meet the candidates formally. In the past, few people have responded to the opportunity, thereby embarrassing the Appointments Committee as well as the candidates themselves. It is our hope thatthis year will be different. If we are to get the faculty to take our interests seriously, we must be serious in presenting them. At each student-candidate meeting there will be resumes provided as well as comment sheets to befilled out during or after the meeting. The comment sheets are extremely useful in helping us get the pulse of true students so that we can vote accordingly. ■The following is the tentative schedule for the three remaining candidates to be interviewed: - Feb. 3 & 4 John Donohue: graduated from Harvard Law School in 1977, has earned other advanced degrees from Yale University. He is presently working in the YaleLaw School Program in Civil Liability. Mr. Donohue has also taught in Yale's Dept. of Economics and practices law with a firm in Washington, D.C. Feb. 6 & 7 George Kannar: graduate of Harvard Law School, class of 1977, and is also a PH.D. Candidate. He is presently a member of the Staff - Counsel for the ACLU national continued on page 8 Letter Urges Tenure To the Editor: An open letter to Acting Dean Schlegel: We, the undersigned students of SU NY-Buffalo Law School, urge you to request the Faculty Promotion and Tenure Committee to grant tenure to Professor Paul J. Spiegelman. We believe that Professor Spiegelman has made and continues to make a positive contribution to thelaw school community. His course in Civil Procedure, through which most of ushave experience his teaching skills, was botheducationaland intellectually stimulating. His course in Employment Dis- crimination Litigation is too important to fall to an instructor with less experience in the field than Professor Spiegelman. Further, his seminar in Law and Medicine is both timely and unique. Therefore, we urge you to request the Promotion and Tenure Committee to heed the call of students to grant Professor Spiegelman tenure so that he can continue to educate future classes at this law school. Signed by over40 law students. �The Boy Mechanic Kevin O'Shaughnessv And They Practiced Ethically Ever After "I think we may class the lawyer in the natural history of monsters." —John Keats The spring semester is here and a first year law student's thoughts turn to Ethics. The whole idea of a law school teaching ethics seems to be an anomoly. "Ethical lawyer" is like "big foreign car"; the words just don't seem to go together. "Ethics is only a onecredit course; that should tell you how much emphasis is given to the notion (We want you to be ethical, but not that ethical) of ethical conduct. The "course" consists of lectures, readings and video cassettes. The lectures provided me with several of the greatest naps in my academic career (I only attended a few; after a while I became concerned about snoring in public). . . remember one lecture that consisted of four men in suits talking aboutbetter office management. The idea proposed was that an efficient legal practice would encourage accurate bookkeeping and therefore discourage lawyers from taking the clients cash and becoming citizens of Brazil This theory falls apart when we meet the CodeOf Professional Responsibility. This is because ever since to be rented dresses (real rummage sale specials) and sensi- I was a child, I have loved sending away for things. You have to send away for the Code, and its always fun to get something in the mail (unless it's a summons). I don't recommend trying to acquire this book through other students because you'll cheat yourself of one of the few pleasures provided by the Ethics course. The video cassettes are the highlight of the entire course. The plots are all the same (just like television). A lawyer is placed in an "ethical dilemma." It's a tedious blend of the law and morals (Perry Mason efficient, accurate, accounting whiz who happens to be a thief. These guys put on long faces and talked about the consequences of stealing from clients: the lawyer would lose his license!... funny, but jail was never mentioned. The whole thing reminded me of a church sermon. If you're going to churcTi, you need prayer books. Since this is law school, you have to buy your prayer books. My favorite is The Lawyer's ble shoes. My personal favorite is the episode in which one lawyer tries to represent both the hus- band and a wife in a divorce. Pretty cunning, huh. All the twists and turns of a Robert Ludlum spy novel (how about a new series called Ethical, She Wrote). . Why don'twe get rid ofEthics and replace it with a course in Unethical practice. We could have clinics on How to Pad a Bill (Never put it under Miscellaneous that'sthe first place they look, spread it around, get creative!), or How to Use Privileged Information for Fun and Profit (Required Reading: George Washington Plunket's "Honest Graft"). meets Highway to Heaven). You can always spot the unethical people: the men are always in poorly tailored suits and have bad haircuts. The women are clad in what appear In the Public Interest We could have a United States Attorney GeneralRetrospective. I wouldn't miss the John Mitchell Anthology or the Edwin Meese Symposium. We could devote an entire section of the course to an ethical analysis of the United States Government's treaties with the Plains Indians. This course wouldn't help you on the bar exam but it would be applicable out in the "real world" (that meaningless phrase used by those legal drones whose sole concern is the bar exam). The Unethical practice exam would be multiple choice, just like Ethics. Students would be restricted to studying only the night before the exam, and in the same manner that the Boy Mechanic studies for hisEthics exam: I did the only ethical thing, I played poker. Diane Dean Graduate Says Writing Legislation Can Be Toxins Matthew If Greenblatt's career says anything about what it's like working for the State of New York as an attorney, it provides autonomy, a competitive salary, plenty of client contact (he represents the Department of Taxation and Finance and the people of New York, he says), enough free time to spend with his family, and a challenging legal career. In fact, the only thing he doesn't like is state work's reputation to the contrary. A 1975 graduate of U/B Law School, Greenblatt works for the Special Counsel for the Commissioner of the Division of Finance for the New York State Department of Taxation and Finance. Although the office's name sounds bureaucratic enough to put Greenblattunderneath loads of bureaucratic paper-pushing, he says his job where his personal input is ap- Having all but given up on ever.working for the New York State legislature, Greenblatt .took the CivilService test for entering attorneys. The Special preciated. "They give us the opportunity to leave here, to go to con- ferences, so you can get back to the main rush of the daily events and think about things in general. In fact they encourage us to think about ways to change the law, make it better, fairer." "Because I'm the law bureau, and because that bureau is so powerful within the agency, we talk to legislators; we talk to the governor. My ideas may not be adopted, but I can make sug- Counsel for whom he now works, Saul Heckelman, just happened to canvass him to write tax legislation for the "I didn't want to be a tax lawyer in law school. There — — my interest in tax emerged!" "I was very candid in the interview. I said, 'Look, I'm not trying to tell you I'm a tax expert, because I'm not. I do think that a good lawyer can learn anything,' and he bought it. I think that's true, though. I'm not being cynical." "I took this job because it was legislation. But sure enough, I have learned it." Having just taken another civil service Tax Regulation Specialist II Greenblatt seems to be building on what he's learned. When asked if he misses practicing law, Greenblatt hesitated. "I am practicing law!" "I mean clientcontact", he retest sponded. "I do have client contact. My client is the Department of Taxation and Finance. That's a little amorphous, but in a larger sense, my client is the State of New York and the people of I^dltOriill I^OIICV A siuociii Md fWH**l I" hat* hi, twMtll, employees that if I hear someone use the phrase, 'good enough for government work' (assuming that government standards are less than 100% and certainly less than private sector standards), I'll object to it. I know that when I'm downtown at 4 o'clock in the morning working on a bill, I don't want to be told it's good enough for government work." But there are characteristics that distinguish the two sectors, Greenblatt says. One is thepay. "I don't make as much as people who are making partner now in firms." The trade-off is personal time. "I can spend more time with my family", he says. Greenblatt may watch the sun rise in the Senate Chamber on occasion, "but it goes in cycles. I'm not working evety night, every weekend, holidays." He also loves the politics. "To me, politics is theultimate spectator sport. It's almost as much fun as football and maybe more fun than hockey. It's really great fun to talk about what the pres- »MMicid "hen his hci Intel nf ariicle h r«<nlrd 11,.«0er. tt n up in the ittsircliun til ilir dinimjl hoard to ptipti aiwtnvmnus letlels (h.- student should -tibinit the k-ttn m clear up any ambrauily or 4ucs.<ons cuMfwag ihe HjMUfcNI and methods nl onrialion ol this out policy regarding Ihc ne«spapei Ihe toUossiny it Ihe sUlcnK-nl of our guidelines |-or jmu^wn 01 cdUiMMI see Ihc Senlcmlvr M issue 111 Ihe o><wiiw In otuci — — state work in general is not thought of as being the best work." "I've gotten to the.point now — were some areas of law trade and patent, tax that I'd decided I didn't warn to do." But when the Department pf Taxation canvassed him to write legislation, "all of the sudden gestions. And if they're good what he loves wordscraftsmanship. "Tax law is equity. It's true law," says Greenblatt. "People have to do just what it says regardless of inconsistencies from one section to the next, so there's a tremendous responsibility on the person who drafts tax legislation to get it right, to get it clear, to get itconsistent." "I see writing legislation as a skill of precision with language. But I also see the need to look at tax laws from a practical point of view," he says. Here is reputation have for working very predictable, structured schedules, with frequent coffee breaks, "the whole thing that government state. ideas, they'll be considered." Much to Greenblatt's delight, the philosophy of giving attorneys room to be creative has remained constant throughout three tax commissioners. It was his legislative interest that brought Greenblatt to tax law. "I was involved in the legislative project at Buffalo, an extracurricular activity. The issue I worked on happened to be the same thing I'd done my Law Review article on (Greenblatt joined the Law Review staff when it was a writing competition alone, without the additional concern for grades). But in 1975,when I graduated, there were no jobs in New York State government because of the fiscal crisis, so I took a job with a firm in Rochester (Woods, Oviatt, Gilman, Sturman, and Clarke) and stayed there for five and a half years." developing, writing, negotiating, and commenting for the governor on tax legislation offers him the opportunity to do New York. I talk to legislators, negotiate with them. My job is more scholastic than adversarial, though," he said. The only problem Greenblatt sees with his job is fighting the 10 « ' aniilr in .1 sealed .nielope and indicate Ihc fgi|M v |M anonvmils tm Ihe nutmle ol ihc scaled ei,sel,.pe Himcsct. the siuik-nl should indisalc on a separate piece ol paper hisher name and icHrhonc number in o*dft 10fnsure ili.tt Ihc ailitlc 01 Idler ii *übmillcd mi iihkl lailh. fhe cnvflopc »ill he i>pened only h> Ihe Idiitip in 1 hid Of Mjna«in| tdilor. ArUdn ! A* ■»« bcginmn. ol eath semcMer in Ihe Our dawi or deadline*, layo.il> and publitalion are po«"l js carl* a\ pus^hlc pjmm io ihc deadline lw artnlcv II an j.i »i» Iv submincd Mibnuued muM be Adv sliuuld be ■Mlkoom and on ihe doof ol The Oftaraa't ollu;e. room 724 O'BliM Hall. All arlKln IIaMM, nwke d»«ild be il ad.ancc 10 Ihe Ml Mudcm lui«lej Jubs arc n >-d |..tt, Arcicle, talc, cc .tceploi by whmilicd ,paced lypoeller o»r irped double in order 10 latililale cdmni wuiil 10 be ad.eriiMn| >pac* lor club >non-»cd cenn lexcepl luntl ra.%ei» >-r club mcelinn. 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Headlines rcptccni Ihc main loiurtn. ittiic or topic 01 Ihc article and are dcttxU by ihc cdlloll.ll Mall ai layout Because Ihc lenfih ol an article, headline can »ary acvordme to Ihe sp»cc ItWKthm on ihc to a>vi|ned aiiKlev. ne»> anidn be puMithed 11 there i> enoujh space Priorily i»«i.en o>.ise .h. headline ilKli.K.u.l pw orter. cannot print Ihe headline ~yen by Ihe autho, hut to Ihe mclhod 01 prinlin.. article, Ic.lu.c arlKle, letter, to the editor and commemary in lhal order Due multiple, ol lou. r.« cample. accommodale the space available If any auihor .nhe, to hase a parlKuUr headline or lormuUle his/her Dm number of pun in ne.spapcr ,'uch a, T»» Tjir'-- 1, calculated in i, you on ihe ptuccns Ihc auihor -elcome allcncl bsow and the editonal .iM headline. IMracl 10 Ml o«n can only print c,,hi pa.es We -.11 try 10 prim in Ihe »h,lc ikelc may be enou.h copy for tea pain. lollo.imHOT any copy thai It preempted of impo.ia.ee We do It, to pr.n. ...kto on ,op« en, Since our Mall HA o—. !>«n »H» dndjm angles lor »hK* for »hich iherc il Ihe broadcu base ol ime.csi That by 00 nieani indicate, AI editor, «. H««l annual., a, he end of the spnn, ««. b, the .enc.l stall <«nc.l c<-«n.tM the la- school. ~, ««co».a». student. «h»l ••kiioih. <* •■< <* <*««•> »•'• memher, acquire .he,, status altec th.cc „'.!.. I*" oe .he otorcuot. '"»• dul^.ii.u*fil,.dlffefenlll«tl»oll.»o.i»eieM.i«* ""•«• and nuimrt thh uattn by c.nin, one ctmnkuiio. credit at lea« i»kt cefy th«je rss«s contribution,, pabUcaliftn of one ankle »>lh a student's by-line, nr Issu u*af4nc\. Out conliibulton ncdil is nhinnd by the nM MH liilm ot two photo,, or attendance and active panicipaiion at one Uyoul. or a'combination .H Ihe ahine X. oedH r, -M*-, MHfc, ,ht same au.clcl.nc, ai anidn. The ed.to.ial Miff nrmve. Ike " , „ , „,» '^11 .übmHted^ • » - LLT. IZ,i, »l«rinr..«l Zu Zl TZ !T <^A CM ,_ _„. . ... « « »« «.« « - ,£,T,TZ, .«utTI«."« ZZ* k.»n. Lai b.. » « •«•*• •■ -«»««"«••"-■• °<*~" »*" i-» rt« .. " """"• * l~"1~ •'••• " «■•" "* •""" I »*«•*-« ■««" •*-*«• •»-*-»•» »^««k«. ».« ident said today or what the governor said." And Albany doesn't seem to be a bad place to do that. Greenblatt says many New Yorkers were forced to move to Albany, resisting the move, 'to the sticks,' upstate. "Some of them were forced to leave the city because of their jobs. They hated the idea. They tried to commute back and forth, leaving their families in New York, and working here. Ultimately they gave in and moved their families up. Since then thepeople in my office had said it's the best move they've ever made." Greenblatt says U/B students should try to reach out to the .government market in Albany. It's more lucrative than the private bar in that area. And the civil service test, "after the bar exam," wasn't difficult, he said. When looking for a job there, or anywhere, Greenblatt said, UB students should keep in mind that the effort begun in the 70's to give UB a national reputation has worked. Even though I graduated in 1975, people say, 'Oh, you graduated from ÜB!' (noting its recent ranking as 17th best law school nationally in the Gorman survey). It wasn't the 17th best law school in 1975,but I still benefit today because of it. Keep in mind. There's pecking order to these things. Point that out to employers who may not know it." Greenblatt concedes that he may have been lucky to find a job doing exactly what he wanted to do writing legislation. But he says it's also a matter of distinguishing yourself by doing the job you were given, taking responsibility, and looking elsewhere if you're not finding what you want in a position. He doesn't remember whether or not he got an "H" in tax (he doesn't think he did) but Greenblatt seems to have found a niche representing the public, satisfying his own need to challenge his legal skills, and being part of a professional environment that encourages hardwork when there'swork to be done. certainly "And there's enough of that around here", he says. — January 29, 1986 The Opinion 7 �Anacone's Inn: An Authentic Buffalo Tavern The Best Beef, Brew, and Billiards Anacone's Inn 3178 Bailey Avenue Buffalo, N.Y 836-8905 "No hootin', hollerin, or loud noise." Words to live by from Dave Anacone. at the tail end of a Main Street "party bar" binge (P.J.'s, Third Base, Cassidy's, Mickey a Rats ...) and friend suggested Anacone's Inn. He claimedthis place was different This is not a review of Anacone's Inn; this is a tribute. Initially, I was reluctant to review Anacone's; a good drinker hates to give away trade se- and had great Beef on Week (roast beef on a Kimmelweck roll for those who have lived their lives east of Depew). As it turned out, my friend - BAR «mmm "I|MII ANACONE'S . crets. Publicity can kill a great bar. Once a bar becomes popular, there's a possibility it will betrendy people come trendy begin to show up ... .the regulars are forced to find bars the trendypeople don'tknow about or haveabandoned. It's an ugly, vicious, cycle that I've seen happen too many times. But Anacone's has been reviewed by newspaper before [The Buffalo News "Gusto" caUed-Aaacone's "the quintessential college bar") and has withstood full frontal assaults of trendiness. Anacone's remains real, even a bunch of would-be lawyers can't mess that up. I walked into Anacone's Inn five years ago during my sophomore year at U.B. I was was right and I havebeen going to Anacone's ever since. Anacone's best feature is that it's just a bar; not a "theme bar," not a "party bar," or an "eating and drinking emporium," or worst of all, a "fun foodrinkery" (the person who coined that phrase should be beaten to death with a Webster's Collegiate Dictionary, Un- abridged). Anacone's Inn is run by Dave and Lorraine Anaconeand their son, Mark. Dave is an interesting person; in addition to running the bar, he is a motorcycle an acenthusiast and complished jazz drummer. Dave's musical interests explain the presence of a world class juke box at Anacone's. The music ranges from great Jazz (I always play Dave American Secretarial 945 Ellicott Square Building 852-0958 Word Processing Term Papers Resumes Reasonable Rates Student Discounts Quick Returns • tenders). They are adorned with old posters, drink special signs, and pictures (there's a great one of Dave playing drums). The crowd at Anacone's is of all ages and backgrounds. Middle • • Resume Typesetting & Printing Service PHOTOCOPY SERVICE Dissertations / Theses / Reports •• Posters Rubber Stomps Engraved •• Plastic SpiralSigns Binding 1330 Niagara Falls Blvd. (opposite Boulevard Moll) Tonowanda. New York 837-4453 . 1518Walden Avenue (opposite Thruway Moll) Cheektowoga, New York 897-0861 Th« Opinion JMuary 29, ISM 8 understand Calculus (easier than #1), (3) find a major, (4) contemplate graduation, (5) avoid graduation, (6) find the meaning of life, (7) remember the starting line up of . The other main attraction is the pool table. There's usually a long wait for a game on Fridays and Saturdays. But you waiting don't mind at Anacone's. Anacone's has mastered the barroom fundamentals. The bartenders are friendly and helpful. The food tastes great, is reasonably priced, and is from served until 3:00 Sun-Thurs and 3:30 a.m. on weekends. It's still just $2.25 for the legendary beef on week and there's a variety of other sandwiches and bar snacks (I recommend the Cashews). Pitchers of beer are reasonably priced at $3.25 (Strohs and Genesee). Also on tap are Mol son and Strohs dark. There's also a good selection of imported and domestic bottled beers. The walls of Anacone's provide several hours of reading. HkXo Crtdlt: Paul S. Hammimd aged men in "Kat" hats drink with college students. All these nuances create an atmosphere perfect for having a few beers with a couple of friends. You can actually hear what someone next to you is saying, even on weekends. One of my favorite features is Anacone's last call, it's at 4:30 a.m. that extra half hour gives you added timeto: (1) try to understand the opposite sex, (2) Tax Professor... study of that branch of law, Knott refuses to worry. He admits, that "not everyone is going to leave (his course) loving tax," but hopes that "some who came planning to hate it might change their mind about that." He remains "convinced that tax is both important and interesting" and hopes that "students with open minds would find something interesting" in the study of tax. Knott is interested in coming to Buffalo because he is impressed with the diversity exhibited by the faculty. Knott's own background displays a great deal of diversity. He graduated from Yale Law School and Yale School of Management. While in the Management School he worked as a Teaching Assistant in Finance, Economic Analysis and QuantitativeAnalysis. He has worked for the U.S. Securities and Exchange Commission and is currently the Pro Bono Counsel and Chairman of the Board of Trustees of New Images for Widows, a non-profit organization to which he gives advice on tax and corporate issues. Outside of the legal field, Knott is involved in various community activities, from Union Shop Steward to founding a Block Association on New York's Lower East Side. Knott feels he would be comfortable in U/B's rather informal environment and would strive to be available to students. He is even comfortable with the grading system which is similar to the system utilized at Yale Law School. Knott feels that the use of "number grades implies an accuracy and precision which isn't really there. He admires certain liberal thinkers and stresses that if he were to come here he would encounter- no "cultural barriers." He was able to establish an easy rapport with students and displayed a genuine concern for what his interviewers thought Appointment Committee... •• Letterheads Envelopes Cords •• Business Tickers • Flyers try to a.m. THIS UEEK: tatt Brubeck's "Take Five", #147, and 8.8. King's "House Rocker" #148), through classic sixties and early seventies rock (BuffaloSpringfield, CCR, The Zombies, The Band) and up to present-day Top 10 (Bruce Springsteen, Talking Heads, The Pre- office. Mr. Kennar was the Domestic Policy Coordinator for Walter Mondale, as well as a memberof the 1984 Democratic Platform Committee. He was also a Teaching Fellow at Harvard College Feb. 10& 11 -Kirn Crenshaw: graduate of Harvard Law School, 1984. LL. M. Candidate at University of Wisconsin. She is presently a Law Clerk for the Wisconsin Supreme Court. Ms. Crenshaw is the sole minority candidate scheduledto visit the school. More information on each of these candidates may be obtained either from members of the Appointments Committee or from the candidates'resumes which are on file with Maria Calamita in room 317. Signs will be posted withthe dateand time Yearbook... 3:00 p.m. in 724 O'Brian Hall. If you are unable to make the meeting, leave a note in mailbox #754 indicating your name, mailbox number, phone number and what type of involvement you are interested in. People are needed to work on layout, write articles to accompany pictures, contributestories about the law school experiday at the 1973 Oakland A's, (8) discuss world politics, (9) decide what you would do if you won lotto, (10) drink yourself intooblivion (#lO can be achieved while doing #'s 1-9). I highly recommend Anacone's Inn. Give it a try some night have a beef on week put some jazz on the juke read the walls kick back and relax. It truly is "a home away from home". continued from page I about,the Buffalo area, the law school and the faculty. All hiring must be done in February, but it is unclear when a new faculty member will be chosen. U/B Law School had always had three tax professors until William R. Greiner left to assume' the position of Vice Provost of the University. Greiner is now Provost. According to Acting Dean Schlegel, "We have looked more or less seriously (for a third tax teacher) for the past four years" since Greiner left, and meanwhile the law school has been forced to "make do" with only two tax teachers. The Admissions Committee encourages students to meet with the candidates so that student feedback may be used in the selection of a new faculty member. The third candidate is tentatively scheduled to visit on Tuesday, January, 28, and the exact time and place of the meeting will be posted. continued from page 6 the candidates will be available to meet with students. Please contact any member of the Appointments Committee if you have any questions. We look forward to seeing you at the meetings. Robin Checkla Doug Hotter Ruth Lund Rob McCarter continued from page 3 ence, collect deposits for the yearbook, draw cartoons and art, and sell ads and boosters. Equally important is the need for people to brainstorm and contribute ideas as to what should be included in the yearbook and how it should be organized. Currently,there will be a section of color senior portraits, a directory of seniors, pictures of faculty, administrators and students clubs, a section of candids and a booster section. The yearbook will also include law school events, such as Law Revue, and pictures of graduation. This is your opportunity to contribute to a yearbook which will be a lasting momento of your law school years. Don't let itpass you by. Participate now. �- m OFF THE 1986 TUITION WHEN YOU REGISTER FOR BAR/BRPS NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 STATE 1 1986 REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 SPRING SEMESTER YOU PAY ONLY DISCOUNT • $775 X I (f(j $575 $675 STATE ' CLASS OF 198? 1988, & 1989 1987, 4^9 REGULAR TUITION *: NEW YORK $875 NEW JERSEY $675 mass., conn., vt., Maine, n.h. SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 Jk j S $500 $600 $775 A *50 DEPOSIT IN NEW YORK JERSEY OR ANY NEW ENGLAND STATE NEW RESERVES THIS PRICE. REMEMBER: « -^ lu/fTlfffori 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516)642-1030(914)664-0807 -160 COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)437-1171 THE LAST DAY TO SAVE OFF THE pmcE IS: «„ />^JVIAIVV^rI Z\} ~\J ITIHAIV/11 ©1986BARBRI January 29. 19«6 TIM Opinion 9 �ANEW SEMESTER. PAWNS AT TOWNVIUE UNIVERSITY BRINGING WltU »T A fc£> WEWED SENSE OF TOLERANCE AND GOOO FCU.OVOSHIP ~, BUT WAIT «U ONE STUDENT SEEMS A TAT) SURDf... I WHAT INDEED , IWG TAX> 1 CAN'-f TAKE IT ANVMOR6 ! THIS "HUMAM (LIGHTS* DISpL AY IN FRoKT OF TH£ UBRAfty IS A BIATENT (sO ATTEMPT TO DEN(&RAT6 i. W£ FOR OK6 AX NoT 6o(N<& To STANO gy AMO «T SeMe MARXIST MAJ-CoMn£N-TS fUIN DOWN TWS UNO 3- LOVe.' -roMlftHT X'LL R£PIAC£ THAT DISPtAV WITH AN AMERICAN Pi-AG, HANO- CRO , • HARPIES urtcicv CHET6O 6V oi i"« n*i»nTi»Tn« "^γ lN*>^ f rW*W JllllPiiiliililM Jlli -TtR'DCNoUNCING SUCrt Cue.-) PLA- SSmMOPASAMDA , P.I&MT SURL-Vi. HOW) It ANTI-AMERI- 6PEMT THERE (II >/ L/ ( / YJO J /) f II V I'M HER£ BECAUSE OF Voua ATCLOCIOUS SPEU-IN&1 EVEN 01UETTANTE CRVPTO* FASCISTS REASON ABLtMANof! I ! μER£ 6tCAUS6 PtANNED BREAK IN ? YOU'RE T«E mm y >w *^^ ? VMO1 !!/ Qf (COURSE 1 u*«u**\ VoVKESIJ (O J 1 /\ MUST OeeV THE RUt£S OF T« BHeWSH lAN&UAG6 ill So REMEMBER, RfiASoNAßl^' MAN'S SPfLUMfo RUtg. ; '• IF YOU'RE WAFLV... DICTIONARY' N6XT? ,. ,. , y ! BRI6F EiNCOUNTER- ■» __^ A RES IPSA LOQUITUR / \\l I xVx / /vl/j 1 x/\ / I )j I Ay-JL J(/ \(/\ - Midtistate 'Bar "Review offers an IXj I "Bar eE?(am. "We emphasize integrated affToach to the Oiexv sophisticatedmemory techniques, essay ivriting skids and a concise, organizedpresentation of the (aw. you wiiibe prepared and confident. PEIPER NEW YORK - MULTISTATE BAR REVIEW I* Speaks Tor Itself. j 90 Wiftis Avenue, MineoCa, %{y 11501 Telephone: (516) 747-4311 |~ Duane Barnes I Margoßeasley \ Ross Lanzafame James McElhone Brian Bornstein \ The Opinion January 29,1986 10 )i PROMOTE INTERVENTION ev/ERj/WHERfi". yy^** S <" HOUSEWIVES OF AMERICA ResotVED To . ANoW POST THIS OPEN L£T- - TOvJnVIW.6 μE SUR£ is J fflll L J ? PIEPER REPS Zoran Najdoski Walterjlamos Charles Telford Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio JohnRowley Donna Siwek f\[^/\ I ] I \\J A\\ I\) nTv^\ ' 1 / / �/ ■ /// j //C^*» —— ■ ks2L%zr?^ // Mi mm *^^m // /^I?-^^ 7 The Opinion schedule for the 1986 Spring Semester is as follows: Issue 26:9 26:10 26:11 26:12 (Onion) 26:13 27:1 Copy Deadline* M0n.,2/3 /Tues.,2/18 M0n.,3/3 M0n.,3/17 Tues.,4/8 Layoutt Thurs.,2/6 Thurs.,2/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Date of Publication Wed., 2/12 Wed., 2/26 Wed., 3/12 Wed., 3/26 Wed,, 4/16 Wed., 4/30 M0n.,4/21 "Deadline is 12:00 noon. tLayout will be in The Opinion office, Room 724 O'Brian at 5:00 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office. Room 724 O'Brian Hall, or in mailbox #754. ®$S ' Persons interested in working on the Yearbook: PLEASE ATTEND IMPORTANT MEETING ** TODAY, 3 P.M. mm Room 724 O'Brian, or leave note in M.B. #754 Any senior who has not had his/her por- trait taken must sign up in Room 312 by Monday, February 3. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school (before April 1) to report on year (before November 1), and in the Spring plans. and activities the group's (2) publish a letter describing the club's activities and plans in the Law 15 of School newspaper, The Opinion after October 15 and before March each school year. students who are (3) submit a list of at least 10 signatures of matriculated members of the organization. the rich variety of This Bylaw is designed to encourage an increased awareness of do which not meet all of activities within the Law School community. Organizations revoked, and charter(s) may-jit tje the above requirements may have their fundmg. (Adopted Apnl 198 tion ofthe SBA Board of Directors -be deniedfuture discreV NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet Home Kd. between No. French &TonawandaCreek Rd.) (716) 691-7480 Quality • Dependability • Fast Service • Moderate Prices January 29,1986 The Opinion 11 �~iiiiii«iiiMMMJMiMiwiiiiiiiiliiiiiiiii«iiiiiiiiii " ilium "" (ft ppft ■■*—_■% I_L_Q_P I _E_ BP ■__. U v v*Un!l M (In Honor of Abraham Lincoln) (In Honor of George Washington) &J*5C)S^ | 9 -^^> I I IM [ am»ATIACH CUPIDS Mlt | | 1 I HOMORorVALEtfrME^My If you enroll between February 1 and February 14 to your enrollment form yoir ll rocolvo an additional ___ CT^jS?^^ = .. ——~ N*w«nroll««s may us* thl* coupon forth* ad.Hlonal $29.00 off only H .nrolUd b*tw**n February 1 and Fabruary 14, 1181. —.. __ ___ _ _ — ____—. ____-. ____. „, , ~ __ ~ __^ l__V^Bk /o^__l f^k B^ WOpJ ■■____^/^-_~^_siuW^ _r^^^^aM Previous *nroll**a and Non Jos*phaon/Kluw*r stud*nts may us* this coupon for a $28.00 discount on any Jos*phson/Kluw*r Workshop If you *nroll by May 91, 1116. I Wrm V %_«St^ \ ~^a_~ MBL _l _fe_%. bY (coupon not mUd «n«r May 31,10M) "■■•— The Opinion 12 | Month of February Only! •~—— —~~~ January 29, 1986 —^ "^ . «-—— 6HHI JSMSIIMIMQMWbH6jl HHM6l6Mall OMManB. kkL ' I < I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-01-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/29/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:54:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7d2cd4db5ee5a8740663a2f5388aa5dc.pdf 1003b80f35fe7a8b2e1b947a147f37ab PDF Text Text UB Law School Drops in Gourman Report; Majority of N.Y. Law Schools Rise in Ratings by Charles E. Telford This is the first part of a series dealing with the Gourman Report. Part One explains the compilation ofthereport. In following editions ofThe Opinion, we intend to examine the Gourman Report in detailand to ad- to American and international institutions of higher education which assigns a precise numerical score in assessing the strengths and shortcomings of each school and program." First published in 1980,its author, Dr. Jack Gourman, states that its purpose is to fill a need for qualitative evaluation of higher education in the United States, Canadaand international dress such issues as: whether the report is in fact credible; how various faculty members as well as distinguishedalumni feel about the report; and what if anything can or should be done to improve ÜB's rating. The much awaited 1985 edition of the Gourman Report has finally been received. In this controversial new report, the State University of New York at Buffalo-School of Law has dropped in the rankings of surveyed law schools from a high, of 17 in 1983 to alow of 39 in 1985. Gourman ranks 175 United States law schools and claims to bethe "only qualitative guide I9SS Gourman Report. Photo Credit: Paul F. Hammond universities. Gourman stresses that his report is not a "popularity contest," or an "opinion poll," but rather an objective evaluation which synthesizes data from all sources into a convenient numerical rating. The stated sources utilized by Gourman in compiling his report are numerous. Much of the material used in putting together the report is internal, drawn from educators and administrators at the schools themselves. These individuals are permitted to evaluate only their own program and not the programs of other institutions. The report also states that unsolicited appraisals are also considered, but the bulk of the contributions comes from "persons chosen for their academic are a matter of record in reaching its determinations.Some of the external sources utilized by Gourman are: funding for public universities as authorized by legislative bodies; required filings by schools to meet the standards of non-discrimination; and information provided by the institutions about faculty makeup and experience. Finally, thereport lists among its contributors a number of "individuals, associations and agencies whose business it is to make correct projections of the success graduates from given institutions enjoy in the real world." However, it should be noted that nowhere in the report does Gourman specifically list or indicate the exact identity of these individualsand qualifications, their published works, and their interest in improving the quality of higher agencies. Any comparison between ratings given to the various law schools in the current Gourman Report with previous editions is education." In addition, the Gpurman report also claims to draw on many external resources which THE OPINION Volume 26, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW continued on page 2 February 12.1986 S.B.A. Proposes to Reschedule Elections; Contemplates Withdrawal From Sub Board by Idelle Abrams The Student Bar Association, at their January 29th meeting, considered a number of proposals that would attempt to increase the efficiency ofSBA operation. These included moving the election of officers from the fall to the spring semester, changing the appointment process for the chairperson of the commencement committee and possibly pulling SBA out of Sub Board. Lori Cohen, president of SBA, proposed that the election of the president and the vice president of SBA be held in the spring "so there will be two people who will get things going in the fall." The problem would be that incoming first year students would not have a vote for their president. However, "that's the tradeoff you have to make," said Cohen. "As someone who has bean through the process, I think it's a good idea," she said. "By the timeyou get elected On the fall) and by the time you get going, two months have passed." Her original proposal was for spring election of the president and vice president positions only. This, Cohen explained, was because first year students have not run for those offices in the past five years, whereas they have run for secretary and treasurer. However, other SBA direc- tors felt the transition would be much easier if all the executive officers were elected in the spring. They felt there would then- be a secretary in place to take, minutes of the meetings and a treasurer available to dispense the funds theclubs need when theyreturn in the fall. This issue is being taken under advisement and will be considered again at the next meeting. The selection of the chairperson of the Commencement Committee created some controversy this year. People seemed to be unaware of the selection process. In an attempt to remedy this situation, Cohen proposed thatthere be an election for this position. She brought this idea to Steve Wickmark andafter further discussion with him it was suggested that SBA interview all the people interested in being on the committee and thensubmit a list of threeto five names to Wickmark from which the chairperson could be chosen. This process would make people aware that ths commencement chair is being chosen and hopefully generate more interest in the committee, said Cohen. If approved, SBA is hoping to conduct the interviews for next year's chairperson before spring vacation. The possibility of withdrawing from Sub Board was brought up by recent problems with the funding vouchers submitted by organizations and the long delays in getting money from Sub Board through thevoucher system.As it operates now, organizations must submit vouchers to the SBA treasurer requesting funding and the treasurer then forwards the vouchers to Sub Board. It takes at least two weeks to get the funds from Sub Board. Receipts must be handed in to Sub Board within ten days. If these procedures are not followed, an organization risks having its funds frozen. The lack of flexibility is the main problem that arises in this system. However, "autonom- ous control over our own budget isn't the way to go either," cautioned treasurer Jerry O'Connor. "A new treasurer who is elected in the fall when the old officers are not around has no guidance. Sub Board provides that guidance." There is also the problem of whether the organization would abuse a checking account. "Sub Board does much more stringent checks and balances," said O'Connor. Associate Dean Alan Carrel raised the possibility of a law school lounge with Donna Siwek and Mary Powers. His suggestion was to put a second floor on top of the first floor loenge and use the second floor as a lounge. Lori Cohen commented that she spoke with Dean Schlegel last year about such a possibility and neither of them thought it was feasible. Because of the amount of traffic through the first and second floors it would be difficult to restrict the room for the exclusive use of law students. SBA will be following up this idea with Dean Carrel. Candidate Has Varied Style by Amy Sullivan ing the faculty. After two-and-a-half years of working as Assistant United States Attorney for the Southern District of New York (Criminal Division), JamesKainen is now ready to resume teaching law. "I knew I would come back," says the faculty candidate, who was interviewed by the law school's Appointments Committee on Tuesday, January 28. During an informalinterview later in the day, Kainen spoke to law students about why he was interested in join- Kainen finds the faculty here very interesting, as well as having a good support system service. He believes thelaw school is very relaxed, intellectually stimulating, and noted that "I was the only one wearing a suit." From his involvement with the Conference on Critical Legal Studies Kainen is also familiar with the "Buffalo Model," having met and talked with both Acting Dean Schlegel and Professor Konefsky at Conference meetings. Faculty Candidate James Kainen. rtoto CndU: Paul F. Hammond Previously an Assistant Professor in Law and Liberal Education at Brown University Law School (from which he graduated magna cum laude in 1975), Kainen described his teaching style as varied. "It is hard for me to generalize my style. Sometimes I use the Socratic method and sometimes I lecture." He usesa tutorial method of teaching which he believes works very well. "I would distribute reading materials and at the actual tutorialthrow in a few questions and take it from there." Kainen believes that the purpose of a legal education should not just be to pass the bar exam. Legal education should be practical, but sometimes an academic approach to law is important because it may help in practice. "Most of you will be lawyers and do interesting things; part of this will depend on what you bring to what you do. All that continued on page 2 �Gourman Report. complicated by the 1985 report's failure to break down school rank into separate categories of raw data. For example, in 1983 U/B Law School was ranked as 17; its raw score was 4.46 out of a possible 5.00. This raw score was derived from averaging the .. continued from page I scores given in the following five categories: administration, curriculum, faculty instruction, faculty research and library resources. The 1985 Gourman contains no such break-down in its law school rankings. As such, U/B Law School was ranked 39 with a raw score of 4.16. Because the basis of the raw score is not supplied in the 1985 report, it is difficultto isolate with any degree of precision which of the previously listed five categories ofevaluation is most responsible for U/B's decline. However, Gourman does state New York Law Schools 1983 7 10 11 29 98 34 17 63 70 65 122 74 165 N/A Columbia University Cornell University New York University Fordham University Hofstra University Albany Law School SUNY Buffalo Syracuse University Brooklyn Law School St. John's University Yeshiva University (Cardozo Law School) New York Law School Pace University Touro College 1985 7 10 11 22 28 34 39 51 65 70 72 86 , 162 174 TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian .Price $4.00 (student price: $3.00) ... Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto ( ©Reprinted from Buffalo Law Review Volume 26, Number 2 2 The Opinion February 12,1986 that the reason why some schools have "slipped in effectiveness" is "due to a combination of inertia, budget constraints, and faculty and/or administration indifference." Gourman notes with particularity the shortcomings of some programs which deserve critical review: objectives of the program are ill-defined and misunderstood; the present program is not constituted to meet the needs and problems of students and faculty; administrators are reluctant to reveal the weakness ofprograms; the public relations of the institution provides a false image to cover up deficiencies in programs; requisite improvements are not made in the quality of administrators, faculty instruction, curriculum, library resources and the physical plant; funds designated for the improvement of faculty, curriculum, library resources and physical areas are misused; special interest pressure is exerted by administrators, to the detriment of the educational and teaching experience; and student grants and scholarships are inadequate or nonexistent; among others. Of notable interest are the dramatic, some may term remarkable, accessions of certain New York State law schools. For example, the fact that Hofstra University's Schodl of Law jumped 70 places in the Gourman rankings in a period of only two years may cause many to question what the school could possibly have doneto merit such an improved rating in so short a timeperiod. Depending upon what credibility is given to the Gourman report, U/B administrators may question how they too can replicate Hofstra University's educational techniques and makea similarquantum leap on the next Gourman report. The same may be said of Yeshiva University's Cardozo School of Law, which managed to improve its ranking by 50 places over the same two year time frame. Of the 13 New York law schools ranked by Gourman, six managed to improve their positions since the 1983 report, four stayed in the same position, and three declined. Of the three declining law school's, Buffalo's drop was the most severe, 22 slots, followed by New York Law School's drop from 74 to 86 and St. John's fall from 65 to 70. For a complete analysis of how New York's law schools are now ranked as compared with their 1983 ranking, see the tableaccompanying thisarticle. Faculty Candidate [theoretical] stuff is going to make you more interesting people and you will enjoy your work more." However, Kainen emphasized that we can't forget one of the basic purposes of legal education is to train lawyers, and you are entitled to a learning that will help you on a practical dayto-day basis." Kainen liked to teach at the undergraduate level, but in terms of his research interests, he needs a law school faculty. His research interests include constitutional and doctrinal history, as well as "white-collar" crime. His teaching interests include criminal law, civil procedure, and any first year course ( imtimwdfrom pcific I such as property -or torts. He feels that his work experiences could be especially valuable in criminal law courses. In terms of choosing students and faculty for the law school, Kainen said, "Clearly an effort must be made to recruit more minority applicants for the faculty here." As far as student recruitment is concerned, he said, "UB Law School has kind of undersold itself. There doesn't seem to be the public relations here as at other law schools. Part of that drive should be broader than G.P.A.'s and L.S.A.T.'s. Beyond colleges there is a great source of terrific, talented people; finding them is difficult." Grants to Attend Conferences NOTICE The Budget and Program Review Committee will consider applications from students for travel grants to attend a symposium or conference on topics directly related to the on-going academic program at the Law School. Applications should provide (1) a statement (no more than two pages) which identifies why the applicant wishes to attend, how the attendance and information to be obtained will relate to an on-going academic program; what the applicant will do upon his/her return to share the benefits with the Law School and/or wider academic community, (2) a conference brochure or other publicity information and (3) a budget. The Committee will make grants (at least some of which will be reserved for the spring semester) of up to $200 during academic year 1985-86. Travel in 1985-86 prior to an award will. be reimbursable if the proposal is later funded. Spring semester applications should be submitted to the Dean (Rm. 319) by February 18,1986. �New Law Library Anti-Theft System Delayed by Jeff H. Stern Things always get worse before getting better. That was the lesson Law Li- brary Director Ellen Gibson and any law student attempting to leave the library learned last week when the library's electronic security gate was out of commission. At the time of this writing, the security system has been disassembled for over a week, and library employees stationed at the exit have been manually searching students' bookbags and backpacks. Gibson explained that the problem arose when workers who were attempting to install an updated and improved security system left the old system disassembled after realizing they were missing a part neededto install the new gate. "It was planned that in this fiscal year there would be a replacement security gate, our current one being old and not impervious to the effects of the new circulation desk computer," Gibson said, noting that the old system has been frequently malfunctioning. The gate was on schedule for replacement two weeks ago when workers from 3M (the company authorized to do the job) took apart the old gate before realizing that they did not have the proper "base plate" needed to install the new system, Gibson explained. "They said they were leaving for a part and they never came back." UB Assistant Director of Administrative Affairs Kenneth Hood said that upon hearing that the 3M workers were miss- ing a part to the new system he "assumed that they were going to reinstall the old gate, but they didn't." Hood said that he considers 3M's failure to install the new system on time or to at least reinstall the old gate "a breach of their contract" with the University. He said that the school "will attempt to bill 3M for the amount of temporary services" that the library had to incur in order to pay employees to manually check students' bookbags at the exit. "Their (3M's) service has been terrible," Hood said. However, since all the libraries' books have been programmed to the 3M system, the University has no choice but to have 3M security gates installed. Hood explained. Dismantled Photo Credit: Victor R. SMari library system. At the time of this writing, Gibson told The Opinion that the company had received the missing part from its supplier, but that she was still uncertain when the new system would be installed. "If it's much longer, I'm going to fix the thing myself," Gibson said. "This is ridiculous." merit: the thinking and writing about legal issues by law students. For this reason, criticism is to be offered to all who submit essays. The promotion of the study of legal issues in their social context is also a worthwhile goal as is the creation of any forum which stimulates legal strongly solicited. Some Principles Proposal Calls for Distinctive Writing Experience by Duane Barnes Law school writing experiences are often negative ones. Consider law school examinations (Well, briefly, anyway). After the thought and effort of producing a writing, what do you get in return? A grade and some thirdfloor eyestrain. And what did anyone think of what you thought? Who knows. Then there is the Research and Writing program. Sort of a quick trip around thekitchen to show you where everything is (The tofu's in the fridge, the granola's in the cupboard). The focus is largely "remedial" and becomes routine. Presumably, if you still look lost after the antipasto, someone really takes a close look at what you're doing. Still, it's hardly an optimum situation to expand your writing skills. Then there's law review. Traditional legal scholarship in spades. Good training in wordsmithing but only available to ten per cent or so of the students. And so a new and different type of writing experience is being proposed here. After all, SUNY-Buffalo was designed to be a new and different type of place. It chose to forego the State University Law School Model and embrace the study of Law in Social Context (Karl Llewellyn and all that). Distinctive. Not frequently, law students propose developing a new publication. The following proposal is a serious attempt to do just that and is the basis for a new student organization called the Buffalo Legal Studies Group. A Proposal For An Additional Student Writing Experience What is being proposed? It is proposed that an additional writing experience be offered to law students at SUNYBuffalo. A writing competition is proposed which wouldsolicit 3,000 word expository essays for submission to a student editorial board for criticism. The focus of the essay would be theproposed impact of a statute, court decision, or administrative ruling which has been selected for study. Normally, two measures would be selected for study, one of which would involve public interest issues. That is, for example, environmental issues, discrimination based on race, age, sex, handicap, or economic status, mental health law, and so forth. Who would do the work required in this venture? A Board of Directors would have overall control over the essay competition and the jour- nal publication as well as the solicitationand management of funds. An editorial board would develop the questions for study, criticize the essays, and select the best essays for special recognition and publication. Why use a legal studies approach? There are already over three hundred publications which promote the traditional forms of legal scholarship. An approach which fosters the study of law in its social context is consistent with the stated goals of the SUNY-Buffalo Law School. Also, a more openended forum may prove to be a better stimulating discussion on these issues. What are the objectives of this exercise? The essay competition is a learning device which weds two of themissionsofthe SUNYBuffalo Law School: skills development and the study of law in its social context. The primary objective is the promotion of skills develop- Law Revue Begins Search for Student "Talent" by Peter Scribner The 1986 Law Revue Talent Extravaganza returns to the stage of the Tralfamadore Club in Downtown Buffalo's Theater District on Sunday, March 18. The Revue gives all the closet musicians, frustrated poets and incorrigible hams of the law school an annual opportunity to strut their stuff on a profes- sional stage. Last year the Revue played the Tralf for the first time, fol- come up to me with ideas for this year's production." The deadline for submitting ideas for skits or musicial acts is February 18. Anyone interested in participating or in helping to produce the show is asked to come to a meeting on the 18th at 5:30 PM in the first floor lounge. If you can't make it, you must submit an outline of your sketch ideas to Spierer (M.B. #762) by the 18th. Participants should be prepared to frustrated of the law school an their stuff on a professional "The Revue gives all closet musicians, poets and incorrigible hams opportunity to strut stage." lowing several years of perfor- mances in a Lebanese church in Williamsville. Nearly 400 students and othermembers ofthe Law School community packed theplace and were delighted by the afternoon long program of outstanding entertainment. Howard Spierer, a third year student, will return as Director of this year's show and promises that it will be even better. "Already several people have participate in a preliminary rehearsal at the law school in early March, and attend a dress rehearsal at the Tralf the week of the performance. Productions in previous years have included a wide variety of musical groups and solos, game shows, faculty sketches, imitation of faculty sketches, poetry readings and stand-up comedy. First year sections are especially en- couarged to participate. Insightful satiric material on first yearlife and the professors that inhabit it is always appreciated by nostalgic upper class stu- dents. In addition, the Law Revue Executive Committee has a stableof highly talented professional writers and directors who have produced literally hundreds of pages of first rate material awaiting willing volunteer performers. Therefore, if you are interested in participating but don't have a specific act in mind, feel free to come to the organizational meeting. You'll be dazzled at the options available. Third year student Peter Scribner, who didsuch a sensational job as lighting director of last year's show (and by a remarkable coincidence is the author of this article), will be returning to light the 1986 production. Any first or second year student interested in helping as an assistant lighting director, with the idea of taking over the position next year, is especially urged to attend the and Guidelines 1. The editorial board should be made up of both students who write meritorious essays and those who would bring their unique experience to the editorial task. 2. All submissions must include a statement disavowing plagiarism. scholarship. Finally, the more vocationally 3. All submissions will receive oriented student may be motivated to contribute with a view toward enhancing his or her job thoughtful criticism. 4. The goal of the program is to provide students a writing experience and a forum for the free exchange of ideas. Editors must avoid a doctrinaire approach to their responsibilities. 5. There should be a positive qualifications through publica- tion. Why place special emphasis on public interest issues? A public funded institution has an obligation to devote special attention to these areas particularly since they effect the lives of many who are not fully represented in the law making limit on the number of footnotes in the submissions. A rule of thumb might be 35 footnotes for a 3,000 word essay, the intent being to promote a more expository process. How would publication be financed? Publication would be financed through fund-raising activities and through funds available for student activities. Would students be interested in participating in a writing approach. 6. An effort should be made to solicit comments on the best essays following their selections. These would be printed together with them in their final form. 7. Participation in the competition would be open to all university graduate students. competition? Inquiries concerning student interest have been encouraging but because of the unfamiliarity of'this approach, participation initially will probably haveto be For further information, contact Duane Barnes, MB#B6o latko nEoUMb SpECIAL! MPiMIT SSfaSe FOR STUDENTS HreiESe) & faculty With this ad... PACKAGE OF 50! Includes 1 pg. resumes (svfe x 11, black ink) •• 50Typeset Matching Blank Sheets • 50 Matching Blank Envelopes *{f NOW §gE9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Save this coupon. — Expires 4/30/86 Serving North & South Campuses! 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda.NY 14150 Buffalo. NY 14214 835-0100 834-7046 organizational meeting. February 12. 1986 The Opinion 3 �New Bill Intro'd Contending that the problems of American families and children need to be mpre systematically addressed by the Senate, Sens. Daniel Patrick Moynihan (D-N.Y.) and Jeremiah Denton (R-Ala.) recently introduced legislation to create a Senate Special Committee on Families, Youth and Children. The committee would analyze the effect of government policies on the nation'sfamilies and children through hearings and research; evaluate the economic status offamilies and children; and issue an annual report on the condition of the nation's family and youth. Such responsibilities are currently divided among several Senate committees and subcommittees, and the Senators believe this prevents the Senate from giving these important issuesthe attention they deserve. "No government can avoid having policies that profoundly influence family relationships," Sen. Moynihan said in a state- "The only option is whether these will be purposeful, intended policies or whether they will be residual, derivative, in a sense, concealed ones. "The Senate needs an official focal point to study, evaluate and provide oversight for the entire range of problems and government policies that affect families and children. "This special committee will not solve the problems of childhood poverty and the growth of single-parent families. But it will help us better understand them." Sen. Charles McC. Mathias Jr. (R.-Md.), Chairman of the Senate Rules Committee, which would first consider creation of the new committee, is an original co-sponsor of the DentonMoynihan bill. In a letter to Sen. Moynihan, Sen. Mathias said the Rules Committee would hold hearings on the proposal. The "time is ripe" for such a committee, Sen. Mathias said in his letter. versity. As part of the process of gathering student evaluations the Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from the candidate. If your name was not among those randomly selected from Professor Avery's class lists, we nevertheless would appreciate your providing us with your assessment of her teaching. As you might expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of her relationships with stu- STUDENT MEMBER OF THE SUNY BUFFALO UNIVERSITY COUNCIL ment. Review forProf. To: Law Students This spring, Assistant Professor Dianne Avery will be considered for reappointment in the University, and for promotion to Associate Professor. Teaching ability is a major factor in the review process, and assessments of a candidate's teaching by studentswho have taken her courses are an important source of information for the committees that make recommendations to thePresident of the Uni- WANTED: dents are more helpful to the Committee than conclusory statements that a particular course was good or bad. Also, signed letters have more credi- bility than anonymous statements; unsigned submissions will not be considered. Student Duties of the University Council: all major University plans regarding faculty, students, • Review admissions, academics, etc. regulations concerning student conduct, student housing • Make and safety, and campus facilities. Review and recommend SUNY/Buffalo budget requests. •• Appoint advisory citizens' committees. Name buildings and grounds. •• Report annually to the Board of Trustees. any other duties requested by the Board of Trustees. •• Perform Make and establish regulations necessary to carry out the above duties. Responsibilities of the Student Member: Represent the students of SUNY/Buffalo to the University Council. A voting member of the Council and the Executive Committee of the Council. Full membership privileges, including placing items on meeting agendas, etc. Must attend all meetings. The rights of access to all information dealing with the Administration, policies, etc. of SUNY/Buffalo. • • • •• letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the University-wide Presidential Review Board, and the President of the University. However, the letters arejiot disclosed to the candidate or to anyone else who is not involved in the review process, so you shouldfeel free to be frank and candid in your assessments. Letters can be mailed to me, put in my mailbox in the faculty lounge, or left with Maria Calamita in Room 317. Your letter should be received no later than Friday, February 28,1986. Thank you for your assistance. Sincerely, Robert S. Berger Convenor of Visiting Committee for Dianne Avery Petition Pick-up: February 18—on SBA door, 101 O'Brian Hall Informational Meeting: February 28—4:00 p.m.—Talbert Hall, Room 206 to hand in petitions. Elections: March 12 through March 14 Single Issues of Volume 34:1 are now available in 605 O'Brian. Price: $6.00 „ •••••••••••••••••••••••••••••••A** FREE BAR/BRI Review Course* Raffle Tickets being sold by The Buffalo Federalist Society $1.00 each or 6/$5.00 Available in front of the library daily 11:30-12:30 I 1 BUFFALO LAW REVIEW VOLUME 34 NUMBER 1 Articles A Tribute to Milton 5} 0 r- > Kaplan: Six Essays Thomas E. Htadrick J.D. Hyman I f. Sol M. I.inmeili James Magnum • Robert I. Riis William B. Grmur Feminist Discourse, Moral Values, LAw—A Conversation < < and thk Ellen C. Dußoii Mar, C. Dunlap Carol J. Gilligon Catharine A. MacKinnon *$500 credit off New York State Review Course. The Duty CarritJ. Mmkil-Miaiow Of Fair Representation: What The Courts Do In Fact Paga 1 10 -321 NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus WINTER 1985 N Michael J. Goldberg Schall v. Martin Preventive Detention and DanGEROUSNESS THROUGH THE LOOKING GLASS Charles Patrick Ewing Pennkurst v. lialderman The Eleventh Amendment, Erie and Pendent State Law Claims Robert Smith Comment Federal Tax Liens and State Homestead Exemptions: The Aftermath of United States v. Roigni ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet HomeRd. between No. French A Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service • Moderate Prices 4 The Opinion February 12,1986 I STATE UNIVERSITY OF NEW YORK AT BUFFALO Copyright • 1915 by UK Bu(f»lo Uw Rnicw �Financial Aid Transcripts Must Be On File by Kathy Peterangelo-Johnson This past year, therehasbeen a lot of confusion regarding Financial Aid Transcripts. Hopefully, this information will be of help to you in answering any questions you may have. The University, by federal regulation, requires that there be on file a Financial Aid Transcript for each and every postsecondary school which you have attended. Thisrule applies to all students requesting federal aid, whether or not aid was ever received at these schools. The reason behind this requirement is to provide the University with information pertaining to the student's past financial aid history. Many federal and state programs are limited as to how much total aid one can receive. Although most students never reach these levels, theFinancial Aid Transcript is used to verify this information. It also allows the University to identify students who may have been involved in special programs, such as HEOP, which will carry through to the graduate level. Federal regulations prohibit any student from receiving federal aid if a Financial AidTranscript is not on file for each school which the student has attended. So, if you want to be considered for CWS or NDSL, yourfile must contain transcripts from all the graduate and undergraduate schools you have attended, whether you received aid or not. Even if your FAF is received and recorded before the March 15thdeadline, you will not be considered for financial I Lv /V\M( I\. I )\A/\ I /Hx I (Q) \LLI if/) \J J f I I I \ aid unless All Financial Aid Transcripts are on file. How do you go about getting Financial Air Transcripts? First, pick up Financial Aid Transcripts Forms at my office (3140 O'Brian), 232 Capen Financial Aid Satellite, or the Main Street Financial Aid Office in Hayes C. You will need one form for each undergraduate and graduate school which you attended. (Note: you will not need a transcript from SUNY/Buffalo if you were in attendance here as an undergraduate or as a grad or law student). Second, mail the Financial Aid Transcript to each school's financial aid office. Each school will complete the form and return it to the University. Third, check back with each school after about two weeks to verify thatthe transcript was sent to ÜB. Schools are notorious for delaying theprocessing of Financial Aid Transcripts so S.B.A. Buys Phones by Victor R. Siclari Under a 1984 act by Governor Mario Cuomo, all New York state agencies must buy the phones they use. To comply with this order, the SBA has reallocated most of the $560 designated for the yearly rental charges on ten phones used by SBA-funded clubs and organizations and is applying it toward the purchase of these phones from the University. According to a study done by last year's SBA Treasurer Gina Peca, it would be cheaper for the SBA to buy the existing phones which it rents from the University rather than continue renting them. It would take the equivalent often months'rental charges to cover the cost or purchasing the phones, which is $47 each. Thus, the totalbill for purchasing the ten phones is $470, as compared to yearly rental charges of $560. The second alternative considered, but rejected, was to buy the same type of phones from AT&T. However, it would cost . between $35 and $40 for each phone plus the University would charge $25 for each phone for a disconnection fee. By purchasing the existing phones from the University, there is no installation or disconnection fees or monthly service charge (other than for calls). In addition, there is lifetime service from the University's Telecommunications Officeand the University will replace the phones if there are any problems. Under the arrangement SBA has with the University, the SBA will pay for the phones over a period of fourteen months, with the last bill due in March 1987. The phones currently in the club and organization offices are the ones the SBA is purchasing. Touch-tone phones could not be purchased because the phone lines would have to be rewired and it is up to the University to make the decision to rewire the phone lines in the buildings, according to current SBA Treasurer Jerry O'Connor. don't be penalized because your former school delayed in returning the form. Once your Financial Aid Transcripts are on file wjth the University, there is no need for you to request new transcripts in successive years. So, if you have already submitted these transcripts from all of your past post-secondary schools, there is no need for you to submit new forms. If you are fairly certain that you have already submitted your Financial Aid Transcripts to the University, you can check the Main Street Financial Aid Office, but not until March Ist. Please note, if you received NDSL or CWS this year (1985-86), all of your Financial Aid Transcripts are on file. This only applies to awards made for this academic year. In order to assure that all post-secondary Financial Aid Transcripts are on file with UB on time to be considered for NDSL or CWS, you should send the transcripts to your former schools by April 1, 1986. Your Financial Aid transcripts must be received by May Ist. Of course, CWS and NDSL awards are also contingent upon need, availability of funds, and most importantly, your submission of an FAF by the March 15th deadline. NOTICE To all law students who have college work-study awards for 1985-86: all students who will be working in the spring 1986 semester under the college work study program must fill out new tax forms for 1986. Students must report to the college work-study office in 232 Capen no later than February 17, 1986. LiD bray irector documents librarian at Indiana University where she received master's degrees, and worked for the Bloomington public library system. Last summer, Yon Wahlde was selected to participate in a Senior Fellows Program held at UCLA and also was selectedfor development administrative programs sponsored by the Council on Library Resources and the Association of Research Libraries. Her publications and papers cover a variety of study areas, including productivity, information technology, staff development and performance her bachelor of science and appraisals. Barbara Yon Wahlde has been appointed director of the University Libraries at the State University at Buffalo. She was formerly acting associate director for public services and associate director for technical services at the University of Michigan, and has worked in administrative capacities at Yale University Library, the University ofWest Florida, the University ofSouthern Mississippi, and the University of Maine. She also served as assistant \ CZS§ZLD RES IPSA LOQUITUR Jork^State - MuCtistate "Bar 'Review offers an integratedapproach to the View Jorf^ 'Bar Ts^pm. <We emphasize sophisticated memory techniques, essay uniting skills and a concise, T/tf <Pieper View organizedpresentation of the law. you zvUCSe prepared and confident. \(/\ \J\J I KLs\ \\^\) IJX/ A\\ PEIPER NEW YORK - JVRILTISTATE BAR REVIEW It Speaks For Itself. SO'Witiis Avenue, Mineok, Wll5Ol Tdephone: (516) 747-4311 I\) I \_V^ PIEPERREPS Duane Barnes Margoßeasley RossLanzafame James McElhone Brian Bornstein CharlesTelford JudithKubiniec Doris Carbonell Maria LoTempio Brian Mahoney Mark Pollard Donna Siwek Zoran Najdoski Walter Ramos \ j I / JohnRowley / February 12.1986 The Opinion 5 �, OPJNK)N-^ STATE UNIVERSITY OF NEW YORK ATBUFFALO SCHOOLOF LAW Volume 26, No. 9 \ February 12,1986 Editor-in-Chief: Victor R. Siclari Jeff H. Stern Paul W. Kullman Timothy J.Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Charles E. Telford PeterScribner Managing Editor: NewsEditor: Features Editor: Business Manager: Photo Editor: Layout Editor: ProductionEditor: ContributingEditor: Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Jerry O'Connor. * © Copyright 1985, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial The Gourman Report: Believe it or Not? Well, the Gourman Report has arrived and the rumor is U.B. Law School dropped in the rankings from 17 true — to 39. Why? That is the $64,000 question. Is it due to the prolonged absence of a dean? The sad state of the physical plant (i.e., O'Brian roof leaks, pipe bursts, etc.)? The budget cutbacks for library acquisitions? The loss of our autonomy and corresponding infestation of our facilities by undergraduates? The lack of attentiveness to our needs exhibited by the U.B. administration in Capen? Perhaps. Concededly, these are just some of the factors which may help to explain our decline. But one also has to question the credibility and methodology of the Gourman Report. make that superman who can rank Who is this man every graduate and professional school with numerical precision? Does anyone really rely on the Gourman Report? Should anyone rely on the Gourman Report? In an attempt to answer these and other questions, our staff will be seeking out students, faculty and administrators for their explanations and viewpoints. In addition, we encourage our readers to contribute unsolicited responses to The Opinion, Rm. 724 O'Brian by Tuesday, Feb. 17, which we will print in our next issue. — — New Court Rules Promise Reform Last month, monumental changes in the New York court system's rules of civil procedure and calendar system quietly went into effect. The stated purposes of these changes are to make practice easier "for attorneys who may practice in many counties and in different sections of the state" and to "promote substantial justice by preventing procedural errors." Henceforth, Uniform Rules of procedure will be in effect each category of trial-level court across the state. For ■ for example, all state supreme courts, regardless of judicial department, will now adhere to a uniform set of courtrules. Similarly, there are now uniform rules for each particular type of state trial court (criminal, family, surrogate, etc.) regardless of where those courts are located. Previously, rules of procedure varied from place to place and from court to court. The effect of the new system will allow an attorney in one part of the state to assume that the procedural rules in another part will be the same rules with which he or she is familiar. Accompanying the new Uniform Rules is a change in the calendar system from a "term" system to an "individual assignment" system. In the past, a motion came on to be heard before a "term" rather than a particular judge, and would thus be heard by whichever judge happened to be assigned to that term. This meant that a typical case came before many judges at different stages of the litigation; each judge would therefore have to become familiar with the prior proceedings and facts of the case. Under the new system most cases will be assigned to one judge and be heard by that same judge throughout the proceedings. In theory, these changes are designed to both enhance the efficiency ofthe court system and to eliminate confusion and complexity caused by the many different sets of individual rules which existed under the old system. Whether or not these changes can be effected without causing seri- ous administrative hassles and additional confusion among attorneys, however, remains to be seen. 6 The Opinion February 12,1986; D.E.C. Uses Regs Unwisely by Rachel Roth, Environmental Law Society A recent letter to the editor in theBuffalo News highlighted a conflict that has escalated in the past several years between private property owners and environmental regulation. The letter was from a landowner in East Aurora, and concerned his battle with the State Department of Environmental Conservation over two-tenths of an acre of standing water on his property. This water, classified as a "wetland" by the DEC, was a result of the town discontinuing the pumping of their local well system. The subsequent rise of the water table created, in the words of the landowner, "a very swampy and ugly sight." The landowner, who had been given no notice of his property's inclusion in a wetlands area, filled in the twotenths of an acre without obtaining a dredge and fill permit. The DEC fined him $2,000 and ordered him to remove the fill, a project which will cost him an estimated $4,500. Most of us recognize the importance of environmentalregulation, especially that intended to protect ecologically sensitive areas such as wetlands. We are also taught to respect private property. These two values can clash head-on when dredge and fill permits are required under Wetlands Act regulations. Permit denial, which can be based on the public health and welfare, fishing, flood, hurricane and storm dangers, and the benefits of wetlands, may deprive a landowner who purchased his property before the enactment of the legislation of all reasonable use of his property. A claim of a de facto taking without just compensation is unlikely to prevail in New York, which essentially limits such claims to cases in which the owner's property is physically invaded. Additionally, the tak- ing issue can be avoided when the legislation protecting wetlands prevents a public nuisance, a situation in which no compensation is required. Effective wetland regulation would be prohibitively expensive if compensation was required each time a landowner was denied reasonable use of their property. If we are to adequately protect our natural resources, concepts of private ownership may have to be altered to recognize an overriding public need for conservation of irreplaceable resources. But what about the plight of the landowner in East Aurora? Is it fair to force him to pay $7,500 for filling in the swampy area created by the town's actions? Does meaningful enforcement require that regulations be administered inflexibly across the board? If the public perceives regulation as unjust, will regulation eventually encounter strong public opposition? 1986 Commencement Speaker Selected by Gina M. Peca Commencement plans are well underway! Plans have been made for fund-raising events, speakers and social events. As you may know. Governor Cuomo has been selected as the speaker. We are waiting for his response, which should be here any day now. The survey for other speaker choices has been tallied. Judge Sol Wachtler, Chief Judge of the NewYork Court of Appeals, was selected as the second choice. U.S. Senator Daniel Patrick Moynihan (N.Y.) was the third choiceand U.S. Congressman Jack Kemp (N.Y.) was fourth. As soon as the Governor makes his decision and if he declines our invitation. Judge Wachtler will be invited. Plans are being made for the 86 Days party (86 days to graduation). It looks as though it will be held at the Pine Lodge on eitherFebruary 20th or the 21 st. Signs will be posted. There are also plans for a semi-formal Sadie Hawkins - Dance on March 21st the first day of Spring. (If you don't know what a Sadie Hawkins dance is ask an older friendl) There will be a reception at the Marriott after commencement on May 18th for all graduates and their families. Tickets will be going on sale in March. The first five tickets for each graduate will be $2 each, and any thereafter will be $1. Think champagne!!!!!! If anyone is interested in working on any of the above events, please contact me. - A.B.A. Offers Int'l Law Scholarship The American Bar Association Section of International Law and Practice is offering its third annual Richard R. Baxter Scholarship sponsoring a student member of the Section at the Hague Academy of International Law. Each summer the Hague Academy offers two sessions— one on Public International Law and the other on Private International Law. Each' session is comprised of seven courses taught by renowned scholarsand leaders in the field of international law. Partici- Chapus by Comics pants represent some eighty different nations. The annual scholarship consistsof $1,000 which covers airfare, tuitionand room. Students interested in applying for the scholarship must be membersof the Law student Division of the ABA as well as the Section. Selection of the scholarship recipient will be based upon the following materials: a formal piece of writing in the international law area; a short statement of interest in international law not exceeding 500 words; • • letters of recommenda• two tion; and, •• aa resume; certified law school transcript. These materials must be submitted by April 15, 1986 to: Norman R. Gritsch Law Student Liaison 26005AAlizia Canyon Calabasas, CA 91302 A panel of judges will select the scholarship recipient in early May. For further information, write to the above address or call (818)880-6094. �The Boy Mechanic Kevin O'Shaughnessy Law Students Lack "Community" Spirit Now that half of my legal education is completed (barring any disturbing news from admissions and records), I am in a position to assess this law school's major weakness: it lacks a sense of community. U/B Law students have no real gathering place. The mail room, the candy machines, the tables by the food satellite, and the benches near thelaw library create an atmosphere similar to a NewYork State Thruway Rest Area. You go there only if you are too tired or too hungry to move further. My solution is to convert the first floor lounge into a law school pub. This pub would be exclu- .. . sively for law students. The undergradu?' 'an hang around our libr» but they won't get near our bar! Members of the faculty would be admitted if they won approval from 2/3's of student body now we'll get our grades before April! This could make SCATE forms unnecessary. The lounge could still be used for club meetings and special events. The relaxed atmosphere and location might encourage students to attend dean and faculty interviews, making it a better experience for everyone involved (I know I wouldn't mind being inter- Kullman's Korner viewed in a bar). The pub could become the center of the law school social life. SBA could fund and run the pub. After the initial costs are met, the profits would provide a constant source of revenue. This revenue could be used to improve other areas of the school (more funding for other student organizations, Lay-ZBoy recliners in classrooms, a law school golf course...). If anyone thinks that law school isn't the place for a pub, reread American history. Except for a few bouts with temporary insanity (Prohibition .. Mugler v Kansas) drinking is an . American legal and political tradition. The music for thenational anthem is from an old English drinking song (Francis Scott Key meets John Valby) The Declaration of Independence may have been signed in Independence Hall, but the deal was hashed out by a bunch of lawyers at the free masons tavern just around the corner Patrick Henry may have said "Give me Liberty or give me death," in a court house, but he probably thought of it in a bar. Even our Independence Day is a bizarre blend of food, alcohol, and explosives. ... . We could name the place after Yale Law School's hard drinking legal scholar and former dean, Roscoe Pound: The Roscoe Pound Pub. Daily specials could be named after members of the faculty: aßoyer Boilermaker, a Meidinger Martini, or a Dean Headrick (for each shot you drink you have to read 1,500pages of Corporations). The law school pub could become a reality. I'd like to see it happen before I leave here. The project needs students who are interested and willing to work together. That's how you build a sense of community. Paul Kullman Bullard Back; Hopes Experience Helps Others ***** "It is not howmuch we have, but how much we enjoy that makes happiness." — Anonymous »J^ He still has the same smile. The sparkle still lights his eye. And his hand is always outstretched in greeting. Yet, one can't help but notice a slight change in.attitude. He speaks more thoughtfully and with a greater appreciation for people and for life. And for good reason he can still enjoy both. "I think people can learn a lot from what happened to me," said second-year law student Todd Bullard. "I looked really laid back, but that was a facade. I'm basically a type A personality." Type "A" as in "active." Perhaps too active. Currently vice president of the Student Bar Association, Bullard was stricken with a heart attack on October 23, 1985 at 4 a.m., as he was finishing up his briefforthe Desmond Moot Court competition. He had just returned from a trip to Washington, D.C., where he had been interviewing. "I was locked in a competitive mode," Bullard said in an interview with The Opinion on Monday, February 3. "I was happy with the superficial things, but I wasn't happy internally. I put emphasis on the wrong things." "A lot of people think you have to have it all and you have to have it all right now, but I learned patience is so impor- tant," he said. Bullard, who spent three weeks in Buffalo General Hospital and additional time in Rochester's Strong Memorial Hospital, said he realized two other important things while strong will power and the support of family and friends for his rather quick recovery. "While the plumbing's still a little messed up inside, deter- mination is still something I have plenty of," Bullard said. "And the student body has been fantastic. I've felt a lot of warmth and support from this "/ was happy with the superficial things, but I wasn't happy internally. I put emphasis on the wrong things." — place and I just want to say I appreciate it." While saying he still needs time to "get his act together" and take a couple of exams from last semester, Bullard also added that he wants to "get going" again. In particular, he said he feels responsible to those who elected him vice president. But he quickly added that those duties are "something I've got to balance with my own personal health." The goal, according to Bullard, is to do things one step at a time. lying in bed: "First, you're mor- tal; and second, life goes on. You think you're immune, but you're really not." A competitive soccer player for a number of years, the 24-year-old Bullard credits his "My biggest problem before was that I was too stretched out," he said. "My life was running me and I wasn't running my life. I was always going somewhere or having to meet with someone." "I really hope people will learn from my experience that you have to calm down and relax, and make time for free time and the things you want to do as well as the things you have to do. I also hope I re- member to listen to my own words." We hope so too, Todd. Welcome back. Guest Opinion Column Debuts by the Editors In an effort to provide a public forum for the views of the general membership of the law school community, The Opinion is instituting a new feature, "The Guest Opinion." Set in a column format, "The Guest Opinion" will provide students, faculty members, and staff people with the opportunity to share their thoughts and comments with the readership of the newspaper, and to express their concerns and views about issues that affect the law school. While readers have always been free to effectively express themselves through writing letters to the editor, "The Guest Opinion" will be reserved for lengthier and more involved commentary on issues facing the law school, whether they focus on internal problems or events, activity within the profession, or prominent legal developments affecting the public at large. It should prove to be an ideal format for members of the law school community to share their thoughts with, their colleagues, and we hope that it will become a lasting feature of the newspaper. Persons of organizations interested in submitting columns to the paper should follow regular guidelines for submissions to The Opinion. Deadline dates are posted on the door of The Opinion's office, Room 724 O'Brian Hall, and in the mailroom. All submissions must be typewritten and doublespaced. All members of the community are strongly encouraged to consider sharing their thoughts with our readers. American Secretarial 945 Ellicott Square Building 852-0958 Term Papers Word Processing Resumes Reasonable Rates Quick Returns Student Discounts • • • February 12, 1986 The Opinion 7 �by Timothy Burvid Being a beer drinking Buffalonian myself, I'vebeen curious about a new offering on the shelves of the local bookstores, "A Beer Drinker's Guide to Buffalo's Bars," which proclaims itself the ultimate gift idea in posters around town and on th« bar finishes sixth from the bottom in thefinal ranking, simply because their selection is limited to "just the basics." With all due respect for my friends and ancestors in the On the other hand, they rave about LeClub in theBuffalo Hilton, saying that it's "the ritziest room in town," and asking "how one cannot be knocked out by a $250,000 decor that in- BOOKREVIW campus. Greatly disappointed and out five dollars, I realized that this little treatise, about half of which is advertising, is less of a guide and more a mere list of the reaction of the authors to a minority of Buffalo bars. I suspect that if yourtastes perfectly mimic those of theauthors, then it will be as valuable a guide as Rand McNally's. Otherwise, I suggest you accept what little factual information they offer, and take their ratings, i.e. opinions, with a grain of salt. Thebook's rating system does a grave injustice to many bars, large and small, because it applies inflexible standards regarding price and selection, to a huge variety of widely different watering holes. Can one really expect a small neighborhood saloon, one that seldom has more than several dozen customers, to have the same extensive selection as an elaborate downtown bar that caters to hundreds of free-spending Yuppies nightly? Should a bar lose points for being itself? Consider Sam McCarthy's in the Old First Ward. The authors hail it as "as classic a workingman's bar as you're likely to find," and calls the bartenders "forthright and friendly." Yet, X\\ 8 this, than at a place where the extent of lighting extravagance is a neon Miller sign. The crucial point is that bars do have varying prices and selection, depending on where they are, and to whom they cater. The authors are also enchanted by something they call distractions, namely video games, televisions, and pool tables. Accordingly, in their opinion, the more distractions a bar has, the higher it rates. Pity poor Rude Boy's on Hertel Avenue, for example. While "remarkably clean and refined beyond dancing, and exotic listening and talking, there are none of the usual distractions no video games, not even a television." Who cares about good conversation, these guys just want their MTV. They say they like the Olde English Pub atmosphere supposedly found at Jimmy Mac's, but with the premium these guys place on distractions, I wonder how these two would react in a real pub, withouttheir electronic amusements. One must wonder how a book can justifya rating of bars, when the survey is incomplete. Humble Lenny's Place on the West Side has the dubious distinction of being ranked second from the bottom, next to a strip bar where a dancer used the author's necktie as a prop. Yet, there are over 600 bars in Buffalo, and only 141 are reviewed. I've never been to Lenny's Place (yet), but imagine that it did so poorly because it did not stack up to the personal criteria of the authors, by not having enough ... C ■- 19*5 NlWtUffAlO GRAPHICS <jSti gj eludes a computerized wall of lights." But thenthey whine because the prices are "wickedly high." Well, someone's got to pay for a quarter of a million dollars worth of light bulbs, certainly not Conrad Hilton. Obviously, things are going to be more expensive at a place like Ward, it's hard to imagine a man coming into Sammy's after working all day at the grain mills and ordering a Dos Equus XX. Even without the sunken dance floors the authors seem to delight in so much, I'm sure Sammy's does just fine by its customers. The "Q" Train Tha Opinion F»bni«ry 12,1988 ■■■ * —' — . . urW MM'e + BM/± distractions, not being populated with trendy, attractive young people, a recurrent point-getter, and because it didn't have the greatest selection ofbeers atthelowest price. One final point, a case study as it were, to illustrate the point that whatever Messrs. Anderson and Riley prefer, this is a matter of personal choice, which explains why some immensely popular bars received ratings that were otherwise inexplicable. Mulligan's Brick Bar, one of the busiest bars in the city, received a paltry two Buffalos (stars). They advise you to visit "before the crowds roll in," to take advantage of the "leisurely amusement" available, a pool table, hockey machine, and videogames. I should point out that all of these amusements are also generally available at your local shopping mall arcade. Obviously, public opinion differs substantially from the book's view, since the major attraction at the Brick Bar is the crowd itself. Fortunately, cooler heads prevail, and not only are the amusements inactive during PDH (Peak Drinking Hours), but the pool table is covered with a huge board, effectively transforming it into a most convenient resting place for patrons and their cases of beer. One would think that a book purporting to be a guide for beer drinkers would pay much less attention to things thatdistract themfrom the task at hand, drinking. One cannot deny that Mulligan's patrons correctly devote their attention to this primary pastime. / �Free World Prevails!!! Two L. Sec. II Crowned Football Champs The Two L. Sec. II intramural football team recently captured the world renown University at Buffalo Intramural Flag Football Championship. The tenacious squad battled thefierce subzero wind and frigid snow of U.B.s astroturf stadium by overcoming three playoff opponents in just one week of action. The season climaxed with a 34-0 drubbing of the enthusiastic, but overmatched. Terminators in the championship game. Last year. One L. Sec. II made it to the semi-finals of the University playoffs before losing a heartbreaker in the waning seconds. When asked if talk of a dynasty is warranted, a modest Brian Bornstein replied, "It's too early to tell. We keep improving all the time. Two L. Sec. II was basically the same sqaud as One L. Sec. 11. We are merely a year older, and that extra year of experience was reflected in our team play as well as in our team name." Some pessimistic observers wondered whether the "scramble and heave" offense of Two L. Sec. II would perform up to par in the tainted weatherconditions. Wide receiver Will Zickl, who showed up for the games clad in shorts, credited the pregame agility drills for warming up the players. "I'm so glad Public Safety forgot to open the stadium gates. Climbing a ten-foot spiked fence prior to a game really gets your juices flowing and is also great for balance. 0 yeah," Zick added with a smile, "it really doeswondersforyour latissimus dorsi." In allfairness to Public Safety, though, it must be mentioned that our gunless guardians did arrive in the middle of one of the games. They quickly ordered us to evacuate the field. After some friendly conversation, we reached a compromise: The football teams agreed not to leave the field on the condition that Public Safety would. The gates remained locked. In effect, then, Public Safety acquiesced to a situation in which university students were locked within a fenced-in enclosure. Keith Fabi, a lineman, and Nancy DeCarlo, president of the Two L. Sec. II fan club (a nonprofit tax exempt organization under section 501 (c) of the Internal Revenue Code), were both scheduled to take a Crim- inal Procedure final an hour after the game.They attempted to argue that Public Safety's acquiescence constituted an unlawful detention under the Fourth Amendment's constitutional guarantee against illegal seizures of the body. Impending law school finals often lead to fantastic hallucinations involving outlandish legal arguments. The game went on. The playoff week was marked by startling contrasts. Defensive end John Formica, who won the Ben Davidson Award for Outstanding Sportsmanship, played almost as aggressively as he argued with the referees. Yet John showed a more contemplative side when he decided to miss a game to "write a bleeping paper." Lineman Kevin O'Shaughnessy, a fierce Irishman, often bruised thebodies of opponents and the egos of referees. However, paparazzis caught a pensive O'Shaughnessy perusing some Michel Foucault literature at halftime of the championship game." Michel really has a nice way of describing human torture,"remarked O'Shaughnessy. Dual lives such as these pervadedthe Two L. Sec. II football franchise. Especially invigorating was the University at Buffalo Two L. Sec. II Exchange — Program. The Buffalo Basebulls sent catcher Mike Herb to the law school football team while intramural quarterback Rick Resnick will attempt to play catcher for the Bulls in the spring. Both players are excited about the exchange. Herb, a standout cornerback this past season, said he has learned a lot during his tenure with Two L. Sec. 11. "Not only have I learned a great deal about football," Herb exclaimed, "but I have also learned how to argue eloquently even when I have no idea what I'm talking about." Herb started the season quietly, but was eventually ejected from a gamefor a not-soeloquent fracas with a referee. Rick Resnick's initial hesitancy about being a catcher for a Division I team quickly turned into enthusiasm when he was informed that a catcher is the only player allowed to play the entire game while out of bounds. Resnick exhibited a strong penchant for running out of bounds in order to avoid flag football "tackles." Of course, a tackle in flag football occurs about as frequently as a meaningful conversation at P.J. Bottoms. Another beneficial exchange involves biochemistry Ph.D. candidate Tony Cutry and wide receiver Joel Schechter. Tony or Anthony as his friends call him, played a charged-up cornerback position with his elbow taped so thoroughly that he was more than once mistaken for a fiddler crab. Once, during a pre-game party, Anthony showed his love of football by threatening to suck an opponent's eyes out in the following be over for Two L. Sec. 11. Orchard Park native Bruce Hoover, a tight end, is trying to' arrange a flag football game between the intramural champs and the Buffalo Bills. At first glance, this may appear to be a mismatch pitting David against Goliath. However, the teams have settled on a certain handicap in order to even things out. "Two L. Sec. II has agreed to play the entire game with briefcases handcuffed to our earlobes," Bruce explained. "This should pose no particular problemfor JoelSchechter, whohas been seen with similar ornamentation dangling from his ears in the past." The projected game, though, may have to be cancelled if enough Bills are not able to scalethe U.B. stadiumfence. Two L. Sect. II: Is talk of (I dynasty premature. Maybe thereis a substitute for day's game. Joel, meanwhile, will spend some time in the biochemistry labs of the university. He intends to utilize the labfor extensive drug testing. The Two L. Sec. II organization had never been involved in a drug scandal in the past, so Joel was asked for the names of the suspected y- . .:■:■:"■. :":::^'"■ : ■'■■>■■■■ ■.-: .- .■ " Wf^jg^^^^^""-■ '" players. "Oh, no," he replied, "I don't intend to test the players. I just intend to test the drugs. I've been looking for something to get me through Schlegel's Corporations class." Joel was quickly reminded that in order to survive through a Schlegel class one must first arrive at a Schlegel class, something he hasbeen unable to do thus far in the semester. "Is there a drug for that?" Joel inquired. The season, though, may not Environmental Law Society Contest U/B is officially entered in the Sixteenth Annual Environmental Law Essay Contest of The Association of Trial Lawyers of America. Completed entries for the ATLA 1986 Environmental Law Essay Competition should be received at the ATLA Office no later than March 17, 1986 to be eligible for judging for the National Roscoe B. Hogan Award. Essays must address the issue "Should Multi-National Corpor- ations based in the United States be Held Liable in This Country for Their Extra-Territorial Toxic Torts?" Only one entry from your school will be submitted for na- tional judging. For this reason, we recommend that all students writing essays submit them to Barry Boyer for judging by March 1, 1986. Please refer to your official rules for format and other guidelines regarding the contest. The Opinion schedule for the 1986 Spring Semester is as follows: Issue 26-10 26-11 . 26:12(Omon) 26-13 27:1 Date of Copy Deadline* Tues.,2/18 M0n.,3/3 M0n.,3/17 Tues.,4/8 M0n.,4/21 Layoutt Thurs.,2/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Publication Wed., 2/26 Wed., 3/12 Wed.,3/26 Wed., 4/16 Wed.,4/30 #Deadline is 12:00 noon. . p.m. tLayout will be in The Opinion office, Room 724 O Brian at 5:00 can be placed All articles must be typed double-spaced. Submissions office, Room 724 O Bnan Opinion in the manila envelope outside The Hall, or in mailbox #754. Subscribe to The mil Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it really represents: Tuition for the real worlds II ~Tbsubscribe[cS Or mail to: TheWall Street Journal. 200 Burnett Road, Chicopee. MA 01021 D Send me one year of The Will Street Journal for $63-a savingof$44 off Ike regular subscription price. I □ Send me 15 weeks for$26. D Payment enclosed. D Bill me later. ■ Name" I Student I.D.W Grad. Month/Year I Address I | Zip City_ State Major I School These prices ye valid lor a limitedlime/i>rsfti<(r«Uo!i(vin IheconlineMal US By plaan« your | order,you authorize The Wall Street Journal to verify the enrollmentinformation supplied above ■ _— I | j __ | — 1 _ —- ""'"' IlieWdll Street Journal. ''""'»■ I1 $$& m ,030""' «*•'"">' ——— nsMt' —— *«*• —■ •_• _ X :i^S.T» I February 12,1986 The Opinion ' 9 �m OFF THE 1986 TUITION WHEN YOU REGISTER FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 REGULAR TUITION STATE 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $775 Jk I $575 \J\J $675 STATE ' CLASS OF 1987 1988, & 1989 " 1987, *88 &W REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN, VT., MAINE, N.H. $775 SPRING SEMESTER DISCOUNT D YOU PAY ONLY #5 $700 $s°° $600 A #50 DEPOSIT IN NEW YORK NEW JERSEY OR ANT NEW ENGLAND STATE RESERVES THIS PRICE. REMEMBER: THE LAST DAY TO SAVE _ n (y^//Off 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516) 642-1030 (914) 6644607 160 COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)497-1171 10 TIM Opinion OFF THE PRJCE is: **» February 12, 1986 1(\ ARf^FI £i%3 IVf irlr%..^\^Jl. OIOMIABBRI �2nd Annual Pine Lodge Party S.B.A. BASH Photos by Victor R. Shlnri February 12.1988 The Opinion 11 �jpWIIIIIIIflllllllM | | ftJRMiMtf lIRffIMY (In Honor of Abraham Lincoln) (In Honor of George Washington) OJSO?^ Month | | im Honor 1 | of February Only! . VALEtfriM& ) MX F | If you enroll between February 1 and February 14 | I AMhATJACH CUPIDS WULf to your enrollment form youHl receive B iiii» «oupon a^d^v mv ajA new use 4fthl^ iwi ik^ ■«■■ may b«^^ dHlonal f26VO* off only H •arettotf MwHl February 1 and Fabruary 14. tMt. AApjk|i*A* Brii^^^ fnrouff)i ■ ,^a» AAimjkM «M .. IQjyi\ itwj B^B^^ewaa^aë«Maaa>laa>MaMaaa»MaMa>liaaMiaa^Blßßßa^Bß^Bß^Bß^Bß^B^B^B^B^B^B^B^B^B^B^B^Bßiß^B^B^Biß^B^Mall ß^ a^Bt^^^aß^Bi /Vi^a^Bl «^^ b^b^b^. b^bV<^^b^bW ■ \ \ st^^Br \^^HW^ ' 12 AH .jh l^I*. X I ' i | | . IJIIIIIIIIIIIIIItBlBalaaMlBlBtMIIIIIIIIIIIIIIIIIMIIIilllir****"*'******"--"" L TIM Opinion February 12, 1986 j§ BbW^ /^Bv!s^^^!^WaV ■■ BV^B<| B^^ml Previous anrollaas and Hon Josaphaon/Kluwar atudants may uaa tills coupon for a $26.00 dlaeount on any Josophson/Kluwor Workshop Iff you enroll by May 31, INI. l_ m m mm —_* Mallrl aM^r Mail »■« auWajUBH noi vbbmvjaniapj mmj ai, an additional B^Be � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-02-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/12/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0298465f171ec22a525c500b86ca8be3.pdf 118ba22cf7a17d03902aa75bb2228550 PDF Text Text Credibility of Gourman Report Attacked 77?/s /s the second part of a series dealing with the Gourman Report. Last issue (Feb. 12) we described how the report was compiled. For this issue we canvassed the reactions of law school administrators and stu- dents to the report. by Idelle Abrams The publication of the Gourman Report, which attempts to rate professional and graduate schools including national and international law schools, -has publication Report professional princluding body administration, ever, grreputation DevActi valrby utterl impenetrable. janything Report n'ss,l.i,ak,Associate expressed questioned schools, Audrey attempts report report. graduate among ability Henry report place which irate law feel that atlittle the in AlOffice S. all about Gourman the overand "a rof real to two first GourThe that naestaoSchlcicontributed stnkilrtee." school have students Dean CarDirector doubt used sdescribed numbers aenduatcvoked rerilauothdmipmenteanoooldentianctinnestgsergaleygelof and field. the the editions and effect John of rated to of to national of the the Itbears the the determine the its that the that factors criteria Career Gourof Dean howI Kosfinal -has seriand will law the to ornew ous as man some no concern or or on can are no provoked some concern among the student body of the law school. The administration, however, feels that the report will have little or no effect on the school's reputation or its ability to attract new students or place graduates in the field. Acting Dean John Henry evaluation such as Administra- tion, Curriculum, Faculty Instruction, Faculty Research, and Library Resources. These ratings exhibited "a curious statistical anomaly" said Schlegel. The 12th ranking law school also ranked 12th in administration, 12 in curriculum, 12th in faculty instruction, and so on. "This is statistically impossible," commented Associate Dean Carrel. The lastest edition of Gourman's report eliminates the subcategories altogether, making the final ranking appear even more arbitrary. "It appears the numbers are just reached for and there's no real reason for them," said Carrel. In 1978 when Carrel was new to the law school and eager to promote Gourman s ranking of ÜB, he started to investigate the report's credibility, he said. Unfortunately, he could not find any support for Gourman from any legitimate authority. Gourman had not been recognized by any educational association Carrel had ever heard of, or any legitimate association of any type. National Education Standards, which publishes the Gourman Report, was not listed in any di- rectories of national education associations. Carrelasked Gourman to describe the criteria and methodology he used to compile the report and toprovide any letters or articles that endorsed his project. Gourman never supplied any. concrete information so Carrel decided not to publicize ÜB's ranking, then 19, "in any major way." Carrel pointed out that there has been a general skepticism in the legal community concerning Gourman's endeavor. In a 1983 article in Legal Times. Roy Mersky, professor of law and director of research at University ofTexas School of Law, referring to the Gourman Report said, "The most casual examinations Schlegel, Director of the Career Development Office Audrey Koscielniak, and Associate Dean Alan S. Carrel all expressed seri- ous doubts about the criteria used by Gourman to determine the rankings and questioned the overall validity of the report. Schlegel described the report as "a series of numbers that are utterly impenetrable. It bears no real relation to anything that I can jsee." The first two editions of the Gourman Report rated factors that contributed to the final of his lists reveals them to consist of statistical nonsense." Mersky also reported that officials of the American Bar Association and the American Association of Law Schools "tried to contact Gourman to discuss his technique in developing his evaluation. Unfortunately. Gourman refuses to disclose or discuss hismethodology." Carrel also encourages anyone concerned about the report to actually go and look at it. A cursory examination will reveal the enormity of the task Gourman has set for himself. He attempts to rank over 63 graduate departments in over 1,000 schools in addition to his rankings of law schools both in the United States and in countries abroad such as the Soviet Union, Canada, Japan, England, and France, among others. He also ranks other professional schools nationally and internationally in medicine, veterinary medicine, nursing, optometry, pharmacy, and public health." "To do anything at all of a seri- ous nature of this kind or scope, he'd need an enormous staff to keep track of all the material," said Carrel. However, when Carrel has attempted to reach GourActing Demi John Henry Slhlegel Awocitile Demi Altm Carrel CM) Dim mi Audrey continued on page 2 Komielnlilk THE OPINION Volume 26, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 26, 1986 Committee Asks Dean Candidate to Return by Krista Hughes After almost two years the search for a permanent law school dean may finally be coming to a close. Dean of the School of Management Joseph Alutto, head of the Law School Dean Search Committee, indicated that one of the three candidates who interviewed here last fall will be returning for a second visit early in March. Although Alutto declined to reveal the name of the candidate, search committee member and UB Law Professor Alan Freeman statedthatthereturning candidate will be Louise Trubeck, Clinical Supervisor and Lecturer in Law at the University of Wisconsin. Of the seven candidates who have interviewed here over the past year, Trubeck is the only one who has been selected for a return visit. Committee member Prof. David Engel stated, "We're all hoping she will work out." However, both Engel and Dean Alutto stressed that the search is not yet over. While Dean Alutto stated that he "expects to make every effort to have a dean by fall," if Trubeck for some reason is not approved, the committee will be forced to pursue othercandidates. Neither Alutto nor Engel believe that the lack of a permanent dean has had any effect on ÜB's recent drop in the Gourman Report. Engel sees the report as "totally random," a "haphazard and unthinking process," a sentiment to which Alutto seems to agree: "No one seems to know what the stan- dard is" for rating law schools in the report. According to Engel, the school is "set up to operate autonomously," and with the exception of a lack of "major new initiatives" he does not believe that the lack of a permanent dean has had any "profound effects on the law school. "~ Alutto, however, seems to indicate that the effects of not having a permanent dean are yet to come. "None of us want to be in a situation" where there is no full-time central administration, because "you can't maintain academic development if there is instability at the higher levels." The lack of a pernecessarily manent dean places pressure on the faculty, and while "you can ask the faculty to adjust, you can only do that to a certain point... two years is stretching it." Alutto points out that finding a permanent dean is difficult because UB Law School has a "unique faculty" with special needs in a dean. The faculty is "committed to a Critical Legal Studies thrust," so any dean who is hired must also be so committed. However, the law school is not ready for someone who is so devoted to Critical Legal Studies that traditionaltheories would be stifled. UB is also looking for someone who can adjust to the "highly decentralized decision-making" process utilizef by former Dean Thomas Headrick, whichhas allowed the law school to progress as far as it has. Therefore the committee is not seeking a dean who will be "authoritative." For these reasons Alutto indicated that the "feasible set of acceptable candidates is fairly small." While the dean search process seems to be going fairly slowly, Alutto states that "posi- tive things happen independent of the candidates," such as student participation in the dean selection interviews.. Alutto comments that the candidates who have come here to visit have been "uniformly impressed with the students and the school," and that student participation has provided "useful feedback." It is doubtful, however, whether students will be able to participate in the secondround interviews with Trubeck. continued on page 15 Faculty Names New Prof.; Two More to be Hired by Jeff H. Stern The Faculty of Law and Jurisprudence, at a meeting on February 14th, approved the appointment of a new tax professor and opened up deliberations on the hiring of two additional full-time law professors. The Faculty also agreed to meet on March 14th to discuss dean search matters, particularly the candidacy of University ofWisconsin law professor Louise Trubeck. Trubeck, who was interviewed here last fall, has been invited back for a second round of interviews with faculty members, administrators, and alumni, March 3-4 (see accompanying story). In a 21-4 vote/the Faculty approved the hiring of Victor Thuronyi as a full-time tax professor commencing next fall. The general consensus was that Thuronyi is a serious, nononsense scholar who has an impressive ability to explain tax concepts in clear, understandable English. Thuronyi, the first of seven faculty candidates to visit the law school over the past two ■ months, is a Harvard Law School " alumnus currently working as a tax attorney for the U.S. Treasury Department in Washington, D.C. He has published extensively on the subject of federal taxation and has testified before Congress on various aspects of tax legislation and reform. Acting Dean John Henry Schlegel said that Thurohyi was pleased at having been appointed and has accepted the position here which begins next fall. Schlegel denied rumors that Professor Ken Joyce is planning to leave the law school at the end of the Current academic yearand thatThuronyi was hired in anticipation of Joyce's departure. According to Schlegel, the need for a new tax professor arose overa year and a halfago, when then tax professor William Greiner left the law school faculty to become University Provost. Schlegel also noted that Thuronyi's hiring leaves parttimeProfessor Diane Bennett's role in the tax program unclear. "It is not impossible that there might be four tax professors next year," Schlegel said, referring to Professors Louis Delcotto, Joyce, Bennett and Thuronyi. After voting to appoint Thuronyi, the Faculty in a part of the meeting which was closed to reporters from The began discussions Opinion on hiring two additional law professors. Currently, five faccontinued on page 7 — — Inside ... Faculty Candidates . . 2 SBA News ... 3 ELS News ... 6 Financial 7 Aid Law Revue . . .10 11 Comics Bar Review .12 Law Review. .15 . �Gourman Report. H man or National Education Stan-, dards, the phone has been answered only by Gourman, his son, someone who might be a secretary, or an answering machine. Discussing the possible impact of this report on employment prospects, Carrel said, "As far as firms go, I'd say very few firms considered us because of the Gourman Report. They considered us because they've been hearing more and more how well our alumni are doing in a number of different situations." Koscielniak agreed that "the networking chain is a much more by Charles E. Telford In the last issue of The Opinion (2/12/86), we reported that 4. Did you rely on any other ranking or report? Yes 4; No —24 effective tool (for placement) than a ranking sheet. Our students are going out to employers and doing well and they are improving opportunities for the students that follow." Overall, Koscielniak feels that "many employers are oblivious to the Gour- man Report." According to Schlegel, the academic legal community looks at schools as either "places where things are going on or places where things aren't going on." Right now Buffalo "is a place where things are going on. continued from page I a large shift of resources away from the law school, Schlegel thinks UB "will stick in that sort of niche near the mess of Big 10 schools." It has had that reputation for 10, 15, years now." Unless there is As for the Gourmen report, Schlegel said, "You just sort of wonder, furrow your brow, and go on to something else." lady upset by ÜB's decline in the ranking. One response went on to say, "Any school that's 39th on the list should drop the to legal education, however, is excellent. UB ought to be one of the top 20 law schools in the Opinion Poll Probes Student Views of Gourman ... UB Law School had fallen from 17th to 39th in the 1985 edition of the Gourman Report. In an effort to discover how students felt about ÜB's decline, The Opinion conducted a random mailbox survey of Ist, 2nd, and 3rd year law students. The following question was posed: "To what extent, if any, was your decision to attend UB Law School influenced by the Gourman Report?" In response to the poll, the following answers were received: 1. Greatly influenced by Gourman Report: 12 — 5. Financial Considerations were the greatest concern: 24 Of the four positive responses given to question (4), the most commonly cited publication was "Barrons." In addition to the responses provided on our questionnaire, several studentsdecided to add 2. Slightly influenced by Gourman Report: 22 3. Not Familiar with Gourman Report: 17 their own commentary. Here are some of the more interesting comments: "I was only slightly influenced. In fact, I'm not sure I knew of this publication by name, I just heard from a number of sources that UB was a well respected law school; one of the top 20, one of the best of the Triple A schools (the Major Leagues by Dana Young It was an impressively large tempt to rationalize every case to make sense because "it ). being Harvard, Yale, etc But I'm not particularly disturbed by Mr. Gourman's designation of UB as 39th as opposed to 17th." "I certainly was influencedby a ranking of 17th, and I am very dismayed about ÜB's fall. I think it is due to a number of factors which can be remedied by the school but to do this we have to take action," another student responded. Surprisingly, financial con- siderations did not play as large a role as we had surmised, but one student did comment, "I was slightly influenced by the report, but had the school been ranked considerably lower in the ratings, then I would not have been interested in spite of the low cost." Some students were particu- pretenses that we all know are fertilizer." This student continued by saying that certain "alleged faculty members" should be dismissed in order to remedy the situation. However, most students who did comment were not as shocked by ÜB's decline. The following response was typical: "The new Gourman Report may not be correct. Without more information on the basis of its conclusions, it's hard to say how accurate it is. As a third year student, I do have an intuitive feeling that things have slipped here, that the course offerings seem slimmer and the quality of the faculty is slightly diminished. The UB approach country. With its low tuition, UB can attract the best potential law students in the state. The school ought to match the quality of its students." Two students gave rather novel prospectivestothe Gourman Report and their experience at ÜB. One student wrote, "I'm not familiar with the Gourman Report, but the uniqueness of Buffalo was a major influence." The second student may have had his or her mind more on Valentine's Day than the Gourman Report: "I was slightly influenced by the report, but staying close to my mate was the greatest influence." Faculty Candidate Stresses Legal Reasoning group of students who showed up to meet Ms. Kimberle Crenshaw at the Appointments Committee meeting last Tuesday, February 10th. Those who attended were treated to a lively discussion on topics ranging from legal philosphy to bar exams to bars in Buffalo. Crenshaw is a Harvard Law School graduate and has recently completed her L.L.M. degree at the University of Wisconsin (where she was a William H. Hastie Fellow). She is currently clerking for the Honorable Shirley S. Abrahamson of the Wisconsin Supreme Court. Despite her impressive credentials, Crenshaw presented herself in an unintimidating, relaxed fashion. A self-described "product of the sixties," she reminisced that when she attended law school it was out of a sense of idealism: "People went to law school to do 'good things'." Ms. Crenshaw believes that legal education should revolve around developing skills in "legal reasoning" making arguments on a policy basis. — She feels that the "inacessibility of the reasoning" is a problem for many students. She stressed that it is futile to at- Buffalo doesn't make sense!" how she would make a final decision, she state that her interaction with the faculty would be very important she does — not want to feel isolated. She will also consider the city Faculty Candidate Kimberle Crenshaw. Photo by Paul Hammond ing "the moves", not just "pris- tine rules." Crenshaw described her teaching style as one of "getting students to interact." She likes to lay out the material and then try to get students to follow through with each other. Moot Court and oral argument are appealing because they make students take a side and develop a viewpoint. She doesn't feel that the burden in a classroom should be focused on one person, "this is the last time I'm going to talk this much where everyone just looks at me!" where the law school is located. While the second criteria raised a few chuckles, one adept student quickly assured Crenshaw that while Buffalo isn't a very good "big city," it is an excellent "big town." Crenshaw showed sensitivity to student concerns by asking those present how they felt being a part of an institution which prides itself on not being a traditional "practical training institution." While some felt that they were being as well prepared as students at other law schools, and in a more congenial atmosphere, one student raised the perceptive point that there seems to be a schism between the "Buffalo Model" faculty and the generally "corporate-minded" students. Crenshaw enamored herself among many of the students by elaborating on her personal experience in fighting an intrac- table Harvard administration to make changes in the curriculm. The crux of the conflict involved student concern over cancellation of a course on Racism and theLaw after the professor left. The class was seen by students as a vehicle to encourage minority faculty representation as well as knowledge of racism in the law over the past two centuries. The administration position was that therewere no qualified "people of color" to teach it. A renowned white civil rights activist was brought in to teach the course and students boycotted the class. Instead, they pooled their resources to bring in one minority person a week to teach. The administration ultimately supported a per- manent course with minority faculty. Crenshaw has written an unpublished paper on the experi- ence entitled, "The Alternative Course: A Student Initiative Toward Minority Representa- tion in Legal Education." Addressing minority representation on Buffalo's faculty, Crenshaw stated that "percentage-wise, Buffalo is better than most." In general, minorities and women are underepresented everywhere. She feels that schools need to step away from their traditional ap- proaches to encourage minority faculty. Likewise, "people of color need to get into networks to make themselves known." Some students expressed concern that Crenshaw's age and relatively little real world experience might limit her in a teaching capacity. Crenshaw disagreed, emphasizing that "having someone closer to their [student's] age group makes her more accessible." She also feels that she has learned what she needs about how law operates on a practical, real world basis; more years in a law firm won't afford better insight into the legal system. "What I have to offer is a way of looking at things; what I don't have to offer are war stories." If Crenshaw becomes a faculty member here she would like to teach Criminal Law her first year. Constitutional Law her second year. State and Constitutional Law, and possibly Civil Rights. She would like to conduct a seminar on Law and Social Movement which would examine "how it is that certain groups use the legal system, and why law is seen as a means for social transformation." She would also introduce examples of how laws passed for social reform can backfire. Model Attracts Faculty Candidate Kannar by Idelle Abrams In his discussion with law students on Thursday, February 6th, faculty candidate George Kannar expressed his eagerness to teach law and his en- ing law, Kannar found that much of what he learned in law school, which was a traditional, doctrinal legal education, was "both irrelevant and unnecessary when it came to practicing law." While he believes students ought to have a doctrinal base he feels that "traditional models of doctrinal indoctrination are usually overstated and overemphasized" in legal education. The Buffalo Model approach "that does things in a more intellectually stimulating, interesting way is not only more fun in and of itself, but it seems to me it's probably more worthwhile and probably, in the long run, a better legal education," said Kannar. thusiasm for the "Buffalo Model" approach to law school education. Teaching law was Kannar's original goal when he enrolled in law school at Harvard. He got sidetracked into a career as a practitioner and spent six years doing civil liberties litigation as staff counsel for the American Civil Liberties Union at the national office in New York City. However, "it's 0 time to return home" to teaching, said Kannar. From his experience practicThe Opinion February 26,1986 2 all Learning legal argument (and passing the bar) involves learn Crenshaw is looking for a facyulty position in a "liberal" haw school. She is attracted to the "Buffalo Model" and its "reputation for being liberal, with interdisciplinary methods of teaching." When queried on Kannar's circuitous route to teaching law began when he was a graduate student in history at Harvard University. He wanted to continue his work in the intellectual history of American legal thought but in the mid-19705, the Ph.D. market "evaporated." Law school seemed a reasonable alternative "since I was doing legal history anyway" and the employment opportunities seemed much greater with a law degree. After law school Kannar got a clerkship in the U.S. Court of Appeals for the 2d Circuit "because people in law school said 'If you want to get a teaching job, get a clerkship!'" Kannar then became a Marvin Karpatkin Fellow in Civil Liberties Liti- gation of the ACLU. In what he calted, "simply the most wonderful job in law," Kannar served as one of thethreeACLU lawyers with primary responsibility for civil liberties litigation in the United States Supreme Court. This led to his staff pos- ition with the ACLU. Kannar divided his teaching interests along three general lines. The intellectual history of modern legal thought remains an interest ofhis. A second area of interest is the substantive side of civil liberties and constitutional litigation, which reflects his experience in constitutional law, civil rights and civil liber- ties issues. While practicing law, Kannar developed a very serious teaching interest in a third area, what he called the "hard technicalities" of practicing law civil procedure, criminal procedure, criminal law. Federal courts, and evidence. "Every society has to have some mechanism for doing justice in individual cases," said Kannar. "Civil procedure raises very interesting theoretical questions about how you structure that kind of decision." When asked "Why Buffalo?" Kannar responded that hefeels comfortable with the pedagogical style here. "What's special — continued on page 3 . �Top SBA Officials Propose Spring Election by Peter Scribner The top officials of the Student Bar Association would be elected in spring semester elections under a proposal to be voted on by the student body in a referendum on March 3 and 4. The proposed change to the SBA Constitution would result in two annual elections for the SBA Board of Directors. The President, Vice-President, Treasurer and Secretary would be chosen in an election held in late spring, while the 18 class directors (6 directors for each class) would continue to be elected shortly after the start of fall classes. Currently all Board members including officers are elected in the fall. If approved, the changes would go into effect immediately, and elections for next year's SBA officers would be held this April. Proponents of the change cite three advantages. First, the SBA would have its new officers in place before summer. . Various SBA functions that re- quire approval by officals, such as money vouchers, would not come to a stand still as is often the case under the current system. Second, the outgoing leadership would be available to train newly elected officers before they take over. According to the proposal, the spring elections would be held between March 1 and April 20, and the newly elected officers would take over at the lastSBA meeting of the year. Finally, by separating the election of officers from the directors' election, students who are unsuccessful in seeking election as an officer in the spring would be eligible to seek election as a class director in thefall. Currently, unsuccessful officercandidates are unable to be elected to theSBA that year. The chief disadvantage of the proposed change is that incoming first year students would not be able to vote for SBA officers. It is assumed by proponents that most new stu- dents are so unfamiliar with the law school that they are not likely to be able to cast an informed vote for SBA officers. The proposed changes would also allow third year students who plan on graduating one semester early to run for any SBA office. It was pointed out that all enrolled students are eligible to participate in all stu- dent funded activities; therefore, early graduating Seniors cannot be deprived of the opportunity to participate in SBA elections. The proposal calls for extensive changes of Article 3 of the current SBA constitution, which deals with elections. The full text of Article 3, as well as the text of the changes, is reprinted in this edition of The Opinion. The change to spring elections is the first of several SBA constitutional changes to be considered this spring. Ironically, the current Constitution contains no provision for amendments. The plan to present the spring electionamend- SBA Funds Rival Talks by Peter Scribner The Student Bar Association found itself in the middle of a University controversy after two rival student organizations asked for funding for speakers on the subject of academic freedom. On February 5, the GraduateStudents Association (GSA) received some funding to help pay the cost of sponsoring a presentation by Michael Parenti, an opponent of the controversial conservative organization Accuracy In Academia (AIA). One week later, a representai ye of the Undergraduate Student Association (SA) came to the SBA for funding of a rival presentation. The SA is sponsoring a debate between John Leßoutillier, President of AIA, and Bertlle Oilman, a representative of the American Civil Liberties Union. AIA has received national attention over the past few months concerning its program of secretly monitoring university professors for "liberal bias." Some AIA monitoring has taken place here at ÜB. GSA is strongly opposed to the AIA monitoring, and invited Or. Parenti to make his presentation here on Friday, March 21, in Knox Hall. Parenti, currently a political science professor at CUNY Brooklyn, has written extensively on what he sees as political repression in the academic world. GSA choose to sponsor an opposing representative from AIA because they did not want to "legitimize their position," according to Oscar Bar- Kannar Visits continued from page 2 about Buffalo," he said, is the orientation toward legal questions as well as the memorized rules of doctrine. "It's not the only place and there are a lot of other places going in that direction," said Kannar, "but Buffalo clearly was here first, and clearly, the sense of the community here is that it's the right thing." tochowski, the GSArepresentative who talked to the SBA. The whole cost of the presentation is about $850, of which SBA provided $100. The SBA provided this funding despite some concern that the'GSApresentation would be "onesided." Other sponsors include SASU, Women in Communications, and the GraduateSenate. TheSBA was surprised to discover at its next meeting that a second presentation on the subject is being sponsored by SA, and that the two presentations appear to be rivals. Dave Grubler, the representative of the SA's Speaker's Bureau, said that SA wanted a more balanced discussion of this emotional issue, and therefore was sponsoring the debate. The total cost of the debate will run over $4,000, mostly for speaker's fees. SBA discussion about funding this second event indicated a worry that the Law School was being put in the middle of a University controversy, and that in hindsight it might be a bad precedent to fund University speakers with limited SBA funds. Nonetheless, since the GSA presentation was already funded, it was thought appropriate that the SA debate get something, and so $50 was approved. The SBA was also ap- proached by John Crawford of the Graduate History Society and asked to help fund the "Almost the Third Annual AntiCensorstiip Film Festival". This presentation, scheduled for March 13 in Knox (admission free), plans on showing three films: "E", a cartoon about a world in which the E's are disagainst; criminated "The Front", a film about early 50's Hollywood blacklisting staring Woody Allen and Zero Mostel; and "Prairie Fire", a documen- tary about anger in the farm belt. The SBA unanimously agreed to contribute $75 toward the estimated $400 cost of the event. Art Scinta of the Federalist Society asked for and received $75 from the SBA to help pay for the cost of several students attending a Federalist Symposium at Stanford University in Palo Alto, California. In contrast to some previous SBA dealings with The Federalists, there was no opposition to this request. George Villegas requested and received $75 from the SBA to help fund his trip to Chicago at the end of the month to attend a conference on the legal aspects ofAIDS. This is the sec- ond of three national conferences on the subject, and Vlllagas promised to put on a presentation at the Law School about the subject when he returns. He also is arranging to make the conference materials available in the library. The total cost of the trip is $455. Joe Jarzembek also asked the SBA to provide $75 to help fund his trip to an environmental law conference in Washington D.C., which he was leaving for the very next day. The SBA approved the request without opposition. The Federalist Society BAR/BRI RAFFLE DRAWING will be held TODAY in front of the Library at 12:15 (Secondary Prizes will be awarded.) ment to the students for approval in a referendum, therefor, comes from the current SBA and not from the Constitu- tion. An amendment to allow constitutional amendments will be one of the changes SBA will consider this spring. Others include some modifications of As reported above, the Student Bar Association is propos- ing that SBA officialsbe elected in the spring rather than thefait. The student body will vote on this proposal on March 3 and 4. Below is the complete text of the portion of the current SBA Constitution dealing with elections, followed by the text of the changes proposed: Artida M. Board of Directors Section 1: The Board of Directors of the SBA shad consist of four officers: The President, Vice-President, Treasurer and Secretary, and eighteen directors, six from each class. These officers shall perform the duties prescribed by this Constitution and the documents established under the authority derived therefrom, and by the parliamentary authority adopted by the SBA, and in a manner prescribed therein, or be subject to such disciplinary procedures as may be established under the authority of this Constitution. Section 2: Any SBA member not scheduled to graduate by the start of the semester succeeding his election may become a candidate for a position onthe Board of Directors by submitting a petition containing the appropriate number of valid signatures of membersof the SBA, providing that such petition is received by the SBA Office at least one (1) full week in advance of the election, under procedures set forth in the By Laws. 1.Any SBA member may become a candidate for a position as a Director representing his class by submitting a petition containing the valid signatures of at least ten (10) percent of his class. 2 Any SBA member may become a candidate for President, Vice-President, Secretary or Treasurer by submitting a petition containing the valid signatures of at least ten (10) of the members of the SBA Section 3: The Board shall be elected by secret ballot under election procedures set forth in the By-Laws in an election to be held no later than fifteen (15) class days after the first day of classes in the Fall. 1. Directors shall be elected by a plurality of votes cast by their class. Should there be a tie vote for the sixth position, then all those individuals who shall have received the number of votes sufficient to place them in the tie shall participate in a run-off election to take place no more than twelve (12) class days after the original election. There shall be no write-in votes permitted in the run-off election. 2. The President, Vice-president. Secretary and Treasurer ofthe SBA shall be elected by a plurality of the votes cast for candidates for each office by all of the members of the SBA, provided that the plurality includes at least onethird (V3) of the ballots cast in that race, no later than the Friday of the second full week of September. Should no candidate receive the required number of votes, then all candidates receiving at least twenty-five (25) percent of the votes cast in that race shall be eligible to participate in a run-off election in which the candidate with the greatest number of votes shall be declared the winner. Should only one candidate receive at least twenty-five (25) percent of the votes cast after the first election, then that candidate and the candidate receiving the next the powers of thePresident and Vice President provisions for the temporary substitution of incapacitated SBA officers (the Todd Butlard situation), and modification of the system of choosing committee members so that the Constitution will reflect current procedures. highest total of votes for that office shall participate in the run-off Should no candidate receive at least twenty-five (25) percent of the votes cast in the election forthat office, then the newly elected officers shall by a vote of two-thirds adopt a procedure specifying who shall in no case take place more than twelve (12) class days after the original election. 3. In 1980, elections shall be held on February 28 and 29, for a term of office running until September 1980, during which month the regular September elections shall be held. Section 4: Term of Office 1. The term of office of first and second year directors shallrun until their successors are duly installed. 2. The term of third year directors shall run until the day of graduation of the spring semester. 3. The term of office of President, Vice-President. Treasurer and Secretary shall run until their successors are duly installed. If any of the officers graduates at the end of the spring semester during which they hold their office, a successor shall be appointed under the provisions of Article 111, Section S. Proposed Changes Section 1: No change Section 2: (It has been suggested that by not allowing all students who have paid their student activity fees for the current semester to run for any SBA office, we are in violation of the SUNY rules for student organizations. We would therefore eliminate the "who is not scheduled to graduate" clause, and rearrange the remainder as follows.) Section 2: Eligibility of Officers 1. (No change) 2 (No change) 3. Candidate petitions must be received by the SBA office at least one (1) full week in advance of the election underprocedures set forth in the By Laws (NOTE: Compare to last two lines of original introductory paragraph at bottom of page one of present Constitution ) a Spring election for the Executive board, and a Fall election for the other members of the Board of Directors.)The board shall be elected by secret ballot under election procedures set forth in the By Laws The President, Vice President, Secretary Section 3: {We suggest and Treasurer will be elected in the Spring Semester between March 1 and April 20 Other members of the Board of Directors will be electedin the Fall semester, within thirty (30) days of the first day of fall classes. The elections will take place over two consecutive school days. 1. (No change) 2. Eliminate "no later than the Friday of the second full week ofSeptember" in lines 4and 5. 3 (New) Only students not scheduled to graduate at the end of the spring semester will be entitled to vote for the President, Vice-President, Secretary, and Treasurer. 3. (Old) Delete this whole paragraph Section 4: Term of Office 1. Substitute "elected" for "installed " 2. Change "the day to graduation of the spring semester" to "the day they graduate. (See Article 111, Section 2 above.) 3. First sentence would remain unchanged. The second sentence would be eliminated as redundant. ADD: Installation of the newly elected Executive board would take place at the last SBA meeting of the Spring Semester. jfttlqQ HboUMb 11/WMlf SPECIAL! FOR STUDENTS & faculty inragSig) With this ad... PACKAGE OF 50! Includes Matching Blank Sheets •• 50 50 Matching Blank Envelopes Typeset 1 pg. resumes (8 1/2 x 11, black ink) • CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE SAVE $5.00 NOW Save this coupon. Expires 4/30/86 Serving North & South Campusesl 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda, NY 14150 Buffalo. NY 14214 — 834-7046 February 835-0100 26. 1988 The Opinion 3 �|lllllllllllllllllllllillßlllllllll lIIIIIIIIIIIIIIIIIIIIIIIIW 1 FIRST AND SECOND YEAR STUDENTS! | You'll get first hand experience in the Marine Corps Officer and lawyer, talkwith courtroom right from the start. In three the Marine Corps Officer Selection Officer years, you could handle more than 3,000 when he visits your campus. More than cases in a wide variety of subjects from 190,000 Marines could use your service, international to contracts to criminal law. If you think you have | what it takes to be a flblff) ■ MS I I^l/1/1/ iillMlU ■ TheMarines. C§^ Xf C/11l ClltT 9%4mm f» I B T/i£ Marine Corps has programs for first and second year law students! Train during the summer, come back and complete law school, and you will have a position waiting for you when you pass the bar. For more information call Lt. Joseph Coolican at (716) 846-4911 I 4913 or 1-800-FOR-USMC, and ask for the Officer Selection Office. i iiniitniNiniiini 4 The Opinion February 26, 1986 mum iiiiiihiiiiiiwiiuhiii miiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii �Gay Students Encouraged to Exit Closets by Brett Gilbert I Every time attend a Gay Law Students Organization (GLSO) meeting I experience the most contradictory emotions. On the one hand, I am happy that there is such an organization like GLSO at our law school and proud that I am considered a colleague to such a fine group of people. On the other hand, I find myself getting extremely upset and angry over the fact that only a portion of the total gay law student population attend the meetings. I continually ask myself why more gay law studentsdo not exit their dusty and degrading closets to assume and accept a gay person's social responsibility. GLSOis an organization dedicated to the futherance of the intellectual, social, and emotional needs of its members, as well as to producing a heightened awareness amongst the general law school population concerning the social, political, and legal status of lesbians and gay men in our society. Toward this end, GLSO is involved in a variety of activities and services. For example, since the fostering of a sense of group solidarity is important to any minority organization, GLSO sponsors a number of open houses and pot-luck dinners so that members can come together and talk aboutthings that concern them. In addition, these gatherings attempt to give first year students access to some of the intellectual and social experiences of second and third year students. GLSO also subscribes to a wide variety of periodicals concerned with the political and legal struggles of the gay community. This great resource, which was largely ignored during therecent MootCourt competition (half of the Moot Court problem dealtwiththe constitutionality of laws proscribing sodomy) vastly supplements the lack of similar material in the law school library. GLSO is aware of its responsibility to reach out beyond its immediate membership in an effort to encourage discussion within the general law school population of issues relating to gay rights. On April 7, Mary Dunlap, a noted California attorney and truly exceptional speaker, will speak here at the law school. Ms. Dunlap, who spoke here last yearfor theMitchellLecture Series event, wrote a brief for the current Supreme Court case of Hardwick v. Bowers a case challenging a state's power to prohibit private, consensual sexual activity. She is an — energetic, dynamic speaker and I encourage the entire law school community to attend what will surely be the speaking engagement of the year. Finally, GLSO attempts to make funds available to both members and non-members to attend national conferences which focus upon issues concerning lesbians and gay men. There are two or three conferences coming up between now and May, and we hope there / continually ask myself why more gay law students do not exit their dusty and degrading closets to assume and accept a gay person's social responsibility. will be enough funds to help those who wish to attend. Conference participants are always asked to"present papers or talks of the conference to the membership. Sounds like a good organization, no? I think so. However, if we stop to consider that about 10% of the population is gay (a conservative figure), and that there are about 800 law students at ÜB, then there is every reason to believe that thereare, at least, 80 gay law students here in our midst. I can tell you one thing, 80 people do not show up at GLSO meetings. As I said before, I continually ask myself why this is so. I suppose there are a number of explanations for this phenomenon. First, these 80 gay law students might not know of the existence of GLSO. However, speaking from personal experience, I can assure you that even those gay people who are securely fastened in their closets become aware of groups whose membership is predominantly homosexual. A second explanation is apathy. Yes, these 80 people know about GLSO, but they just do not care about such activities. However, I would prefer to believe that it is not a matter of them not caring, but rather, it is a matter of being afraid to care. This leads me to a third and what I consider to be the most probable explanation of the nonattendance of most gay law students at GLSO meetings; that is, most gay law students fear coming out of their closets. It is difficult to speak of such issues. Most of us are aware of the social and legal discrimination which visits a know homosexual and are thus sympathetic to appeals which look kindly upon homosexuals who keep their sexuality hidden from the world. However, I would like to argue for the proposition that, on balance, it is politically and morally unjustifiable for a homosexual to remain closeted. I would guess that most people consider a person's sexuality a private matter. It should be up to the individual to decide whether or not to disclose this intimate fact about herself to everyone. It is thought that this right to privacy descends from the heavens, it is a fixed principle, ready to be applied to any situation as it arises. However, such a view of morality is skewed for it ignores social realities and the goals of social struggles. To be sure, this right of privacy to keep one's sexuality to oneself is not conducive to the liberation of lesbians and gay men. For every gay person who stays in his closet, the enemies of gay rights are able to claim a victory. They are able to claim that their view of homosexually as a disease, as something to be ashamed of, something not to be spoken of or shared in public, is the correct view; after all, even homosexuals agree with this since the vast majority of them keep quiet. This is what a principle of the right to privacy does here. It perpetuates the notion that homosexuals are an inferior class of people who deserve to be discriminated against. If, however, we begin with the goal of gay liberation, rather than the abstract, ideal principle of a right to privacy, we can see that the creation of a social responsibility, not to keep one's International Law Society Discusses Plans, Goals The International Law Society is an organization oflaw stu- dents who share academic and career interests in the field of international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among peoples and nations. Since the society's inception, ILS has aimed at accomplishing these goals. The society has sponsored several activities during the school year to promote awareness of other nations and how they interact in the legal sphere. Traditionally, as in this year, the society begins the autumn semester with a buffet lunch of international dishes at interna- tional law professor Virginia Leary's house. ILS then conducts other programs relating to both the cultural and political aspects of international law during the rest of the year. During the fall semester members of ILS attended the twelfth annual International Law Weekend and the 1985 International Law Weekend. In the former, members met with representatives of numerous international law-related firms, agencies and organizations on formal and informal bases for information on employment opportunities. The program included a variety of sessions and seminars concerning research and study in the fieldof international law. The 1985 International Law Weekend was comprised of programs of professional panels and student workshops. The program included discussions on the current situation in South Africa, terrorism and counter measures, the InternaConvention, tional Sales investment foreign after Bhopal, and many other issues of major concern. This spring ILS will be sponsoring a film festival featuring classics and documentaries from around the world. A fundraiser and elections will be held later this semester. ILS also provides information for law students interested in study and work abroad. All law students are invited to join ILS. For further information contact Robin Miller, box 176, or Elvin Williams, box 268. The ILS office is located on the first floor of O'Brian in room 113. sexuality to oneself, but to publicize it, announcing it to all, op- define poses the mistaken belief that being gay is something about which one should be ashamed. The social reality of discrimination against gay people and the social goal of ending that discrimination is what should our moral respon- sibilities. To put it simply, there is a moral and social responsibility for every gay person to come out of their closet because such a moral principle will be a tool in the struggle for liberation. continued on page 13 Federalist Society Has Active Year The Buffalo Federalist Soci- ety is one of nearly 60 chapters of a national organization of conservative law students that seeks to foster an understand- ing of principles of federalism. The Federalist Society of Law and Public Policy is dedicated to the belief that individualfreedom is best insured through a de-centralized federal (as distinguished from national) government limited in effect to cer- tain enumerated purposes and operated through a system of distinct and separable powers. The Buffalo chapter has enjoyed an active year, after being founded just two years ago; and an even more active year lies ahead. Memberhip in the organization has reached an alltime high of nearly thirty-five and an extremely active core group of about 20 members. This significant rise in member- ship has allowed the Federalist Society to undertake more activities, making it (in the words of one SBA officer) "the most active organization in the law school." After a well-attended debate last spring between then Harvard professor William Kristol Assistant Secretary of Education) and UB law profes- needy was launched last semester. Thanks to the generosity of the law school community, the Buffalo City Mission received nine large boxes of clothing and food in time for the holiday season. We hope that this effort can be done annually and result in even greater expressions of individual good will. The generosity of the BAR/ BRI review course company has allowed the Federalist Society to actively enhance our otherwise rather meager budget. The sale of raffle tickets for a $500 credit off a BAR/BRI course has netted the organization some $300. The funds will be used in large part to fund a fine reception after the Polovchak debate in April. Many thanks to all who purchased tickets. Several Federalist members are eagerly awaiting the annual national symposium of the Federalist Society. This year the event will be held at Stanford University Law School and will feature three days of debate and discussion on the First Amendment of the United States Constitution. Speakers will include Judges Bork and (now Scalia from the D.C. Circuit, sor Jacob Hyman, on the future ofcivil rights adjudication in the Supreme Court, the Federalist Society continued its dedication to lectures that benefit the entire law school by hosting Dr. Daniel C. Heldman of the National Right to Work Legal Defense Foundation last semes- Seventh Circuit as well as legal scholars John Hart Ely of Stanford, Richard Epstein of Chicago, Lino Graglia from Texas and others. For those not able to attend, audio and/or vis- ter. Currently, the Federalist Society is planning a debate on the nationally-known case of In Re Walter Polovchak, which involves a twelve year old Soviet boy who sought asylum from the United States government. The Chicago ACLU represented the Polovchak parents, while Professor Henry Holzer of Brooklyn Law School represented Walter. The debate will be the first ofits kind outside the courtroom and will be held April 10th at 3:45 in the Moot CourtRoom. An effort dubbed "The Federalist Initiative" to raise food and clothing for Buffalo's Judge Easterbrook from the ual recordings will be brought back to Buffalo. Last Thursday, the Buffalo Federalist Society held its annual elections. The new execu- tive committee of the organization is composed of: Marty Pelcin. Chairman; Regina DelVecchio. Secretary; Paul Fallon, Treasurer; Mike Murphy and Ken Neeves, At-large delegates; and Art Scinta, Past Chairman. The outgoing officers wishthe new officers every success in the upcoming months. Lastly, we wish to express our thanks to the SBA which, under the leadership of Lori Cohen, has transformed itself from past years into a more tolerant and representative government body. NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive (oil SweetHome Rd. • Tn. Amherst, NY 14120 between No. French A Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service • ModeratePrices February 26, 1986 The Opinion 5 �Environment Conference Urges Activism by Lisa Strain Environmental Law Society "Thanks to the visions of Rachel Carson we began to confront a planet endangered with self-contamination" and "environmental protection is an interest for all who live on this planet," Governor Mario Cumo declared in a keynote address at the annual Environmental Law Conference of February 13-15 in Washington, D.C. The Conference was part of the 16th Annual American Law Institute-AmericanBar Association Course of Study program and was co-sponsored by the Environmental Law Institute and the Smithsonian Institution. Referring to Rachel Carson's book The Silent Spring as the foundation of the environmental movement, Cuomo said that in the fifteen years since Silent Spring, "the law has become the strongest protector of our environment." Speaking of environmental protection as a "moral obliga- tion," Cuomo listed what he considered to be two of New York State's worst environmental problems: acid rain "already 200 lakes are too contaminated to hold fish, and more study is not needed, more action is needed" and hazardous waste "it will be difficult for us to undopast negligence." He cited the past three years' largest staff increase in enforcement ever for the State Department of Environmental Conservation as the start of progress, as well as measures like banning the use of hazardous substances like chloridane. Cuomo also called for the need to push the $1.45 million Environmental Quality Bond Act, which if passed would be used mostly to remediate hazardous waste sites within the state. Cuomo also called the federal Superfund, a national program — — to clean up hazardous waste sites throughout the United States, "a mere shadow of its potential," referring to the program's approaching bank- will be up for reauthorization soon and Cuomo urged the two Houses of Congress to "agree quickly to refinance Superfund. The other keynote speaker at the conference. Lee Thomas, Administrator of the Environmental Protection Agency, emphasized the agency's focus on the basic goals of statutes like the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA) and Superfund. Thomas cited the problems of ozone erosion, control of hydrocarbons in the air in large metropolitan areas, toxics control, and the continual process of permitting for toxic waste sites. Thomas said some of the new emerging issues in environruptcy. The program mental law are the biotechnology in pesticides program, and the presence of radon in indoor air. "Radon may be one of the greatest public risks we face today," Thomas said. He also said that there's a great need for a "supportive and informed public" and that "we have strong environmental law in this country but it's be- coming more and more difficult to sell the public on the implementaion of all of these laws." The conference included a series of panels comprised of environmental noteworthy speakers on a widerange of en- vironmental issues like the federal Superfund, RCRA and Hazardous and Toxic Wastes Law, Toxic Torts, Clean Water and Air Act developments, and current developments in the National Environmental Policy Act (NEPA). Other topics covered were the environmental aspects of municipal land use regualtion, the increase in environmental litigation, and citizens' suits brought as a means of private enforcement of federal pollu- tion control laws. J. William Futrell, President of the Environmental Law Institute, spoke of the Westway op- ponents' recent victory in court. He said that the ruling in favor of a landfill and dredge permit (granted to allow construction to begin on the westside New York City highway) was "arbitrary and capricious". "The ultimate place to win environmental conflicts in this country is on the floor of the House of Representatives," Futrell said. "The environmental movement has no Ralph Nader, and Westway is an indication of the continuing environmental movement in the 80s." New York's Captive Wild Animal Protection Bill; Will It Increase Fowl Play to Feathered Friends? by Melanie Collins, Environmental Law Society In 1985, the passage of restrictive legislation prohibiting the importation of wild animals into New York State was signed into law by Governor Cuomo. The model law, entitled "Captive Wild Animal Protection Bill," was developed by the Humane Society of the United States (HSUS). All members of the animal kingdom are included except for specified creatures such as domestic forms of cats, dogs, goldfish, horses, barnyard animals, hamsters, guinea pigs, white mice, rabbits and insects. Basically, however, this law will have the greatest effect on the importation of wild birds. Unless the law is modified, no wild birds will be sold legally in the state of New York after May 1986. Needless to say, this hascaused great storm clouds in the area of aviculture. Aviculturists claim that a bird in captivity which is properly cared for is free from natural enemies, is guaranteed a regular and nutritionally complete diet, is able to raise ten times as many young as it would have in the wild, and has a much longer life expectancy. The HSUS, on the other hand. ous consequences. For1©lose who get caught, the penalties for smuggling birds are practically insignificant. are shot because they are considered a public nuisance. Smuggling in Australia is very profitable if you can get away with it. It is usually done at night by boat; unfortunately, those smugglers who get overtaken by patrol boats usually just ditch their birds overboard to avoid being caught. While visiting GrandCayman last Easter, I was amazed at how many of the Grand Cayman Amazon, the resident endangered species, were in cages as private pets. I did not see any attempt at breeding of the species by private citizens; most people did not seem to know that the parrot was en- And increasingly, dangered. claims that ninety percent of birds are dead within the first two years of captivity, the most owners are totally ignorant of a wild animal's needs, and that it is "cruel to cause them to engage in unnatural behavior." I have several reactions to the "Captive Wild Animal" bill. First, I am concerned that restricting all importation of wild birds is going to increase very shortsighted. Obviously, they will just ship their birds to another state. Unless this plan is national in scope, it is going to do very little to stop the number of birds which are being imported into the United States. To the best of my knowledge. New York is the only state so far to adopt such a bill. It has been defeated in several other states. smuggling. Smuggling exotic birds is turning into as profitable a business as the smuggling of narcotics with far less danger- smugglers are teaming the two "businesses" together. Smuggled birds pose a very hazardous health threat to poultry farmers, since one bird carrying Exotic Newcastle Disease can infect thousands of chickens and poultry. Other diseases which they may carry are Pachecos and Ornithosis, the latter being contagious to humans. Second, HSUS seemsto think that by restricting the passage of birds into New York State, exporters will actually ship fewer birds out of their natural habitats. Frankly, I think this is As far as owners being totally ignorant of a wild animal's needs, an ignorant pet owner will remain ignorant regardless Third, HSUS is mistaken in thinking that a bird's needs are always "best met in their natural habitat." In Australia, for example, where they have the policy of "no birds in, no birds out," rose-breasted cockatoos which go for $1500 apiece here of whether the animal is wild or not. A domestic animal does not have the distinct advantage of being able to tell you what its needs are any more than a wild animal does. Those who wish to remain ignorant will; those who wish to discover the pet's needs will do so no law is going to change that. There are just as many books and magazines published about the care of parrots as there are — about dogs and cats. Someone who has has just spent $750 on a parrot is not about to let it starve. Also, in response to another of HSUS's claims, how "cruel" is it to cause them to engage in "unnatural behavior"? Is it any more cruel to teach your bird how to say "hello" or ring a bell than it is for you to teach your dog to beg or roll over? Ideally, of course, it would be best to buy a captive-bred bird instead of an imported bird. However, for most people, this would usually mean the difference "between being able" versus "not being able" to afford a parrot. For example, an imported umbrella cockatoo (usually imported from Indonesia or the Moluccan Islands) will sell for anywhere between $300 and $750, depending on whether you buy it from a wholesaler or a pet store. A captive bred bird, which is usually hand fed, will sell for $1000 to $1500. The end result will be that only the rich will be able to afford to buy exotic birds. Some people will still beable to buy wild animals, but first you must secure a permit from the appropriate governmental continued on page 15 Fellowships in Environmental Law Available by David Platt and Rachel Roth, Environmental Law Society various campuses, extension offices throughout the state, and a legal center here at Buffalo Law School address issues confronting Great Lakes and marine coastal districts. The legal center consists of the director.Prof. Robert I. Reis, a staff attorney, Kevin Brown, and two Sea Grant scholars. The goals of the center are twofold: and educational component carried out through the New York State Grant Institute Extension service, and a research component designed to address complex legal issues. Sea Grant scholars, working closely with Prof. Reis and Kevin Brown, carry out research and writing duties associated with both compo- The New York Sea Grant Institute will again be offering two 6 month fellowships running from June through the end of November. If you are interested in environmental and natural resource law, you should consider applying for this fellowhsip. These positions gram was established by Conmer, part time during the fall semester, and include a tax free stipend of $3375. The National Sea Grant Program was established by Congress two decadesago to promote the wise use of coastal and marine resources. New York adopted its.Sea Grant Program in 1969 as a consortium of the nents. SUNY system and Cornell UniThe 1985 Sea Grant scholars versity. Research facilities at 26,1986 February The Opinion 6 began their summer researching an article authored by Prof. Reis, entitled "Outshore Boundaries," concerning the development of condominiums and "dockominiums" on valuable coastal property. This article details the ownershiprights associated with reparian property, the conflicts which arise between or among adjoining landowners concerning development of those resources, and the interactions between riparian owners and public agencies. The scholars next participated in a Sea Grant cooperative project involving the revi- sion of the "Land UnderWater" chapter of Warrens Weed New York Real Property Law. This project gave both scholars the opportunity to co-author parts of the chapter. Each scholar, in addition to working on joint Sea Grantprojects, is given the opportunity to carry out independent research. These projects range from informational articles for Coastlines, a quarterly publication of the NewYork Sea Grant Institute, and other journals, to intensive scholarly articles on a variety of subjects. The 1985 scholars are currently completing two such long-term projects: one concerning ecological servitudes, a form of environmental regulation stemming from the commerce clause reflecting a growing awareness of environmental problems, and another on the high water mark asthe public-private boundary which describes the complexities as- sociated with this ambulatory and conceptual interface on naviagable waters. A Sea GrantFellowship offers valuable exposure to the law student.Interaction with faculty and other legal professionals, the sharpening of legal research and writing skills, and extensive exposure to environmental/natural resources is sues are just a few of the benefits. Applications for the 1986 Sea Grant Fellowships will beavailable in late February. Please contact Prof. Reis, the Sea GrantOffice (Rm. 408), or either of the authors if you have any questions regarding the Sea Grant Program. �Summer College Work Study Program by Kathy Peterangelo-Johnson Many of you have inquired about the Summer College Work-Study Program. Hopefully, the following will give you all the information you might need regarding this program. As you probably know. Summer College Work-Study (CWS) is designed to provide students with some summer money to be used to pay school-year bills. ship Service by the March 15th deadline. The second form which you must submit is a Summer Work-Study Application. These forms will be availablebetween March 1stand March 17th at my office (314 O'Brian) and the campus employer. Work-Study Office at 232 Capen. The completed form must be received on or before the March 17th deadline and should be returned directly to the College Work-Study Office. In addition, remember that you must have Financial Aid Transcripts on file with the University for each post-secondary school you attended, whether you received financial aid or not. You cannot be considered for Summer Work-Study if this form is not on file. If you just requested that your former schools send out the Financial Aid Transcript, check back and To be considered for Summer CWS you must file two forms on or before posted deadlines.The first is the Financial Aid Form (FAF) you know, the form I've been hounding you about since December. This form must have been received by the College Scholar- confirm that the form was indeed sent out. How much'c'an you expect to be awarded if you qualify? The Summer Work-Study awards generally range between $500 and $1000. If you are granted a Summer College Work-Study award you will be notified by The funding for this program is derived from two sources. Eighty percent (80%) comes from the federal government. The University receives an annual allocationwhich is primarily used during theschool year, with some funds set aside for the summer. The other twenty percent (20%) is contributed either by the school, in the case of oncampus workers, or by the off- - Maybe there is a substitute for the Financial Aid Office sometime in May. We will not know how much the actual awards will be until that time. If you should decide to accept your Summer Work-Study Award, you will be contacted by the Work-Study Office to arrange your job placement and First, you can stop working. Second, you can continue to work on a voluntary basis. This option may work out well if your main concern is getting experience at your place of employment. Third, you may be able to persuade your employer to pay you for your continued You should be aware that you may take your Work-Study award out-of-state. Again, a employment. Many employers are willing to retain you on their own payroll after you have reached your Work-Study award limit. (Note: this would require the employer to assume 100% contribution toward your wage as compared to the 20% contract must be in existence between the University and the employer. The only requirements for establishing a contract (both in- and out-of-state) are that the organization must be non-denominational and non-profit. So, if you are interested in applying for Summer College Work-Study, make sure your FAF was filed on time and that all of your Financial Aid Trans- requirement under the CWS program). Of course, your options may be limited depending on where you are working. As you may know, you have a good deal of input as to where you will be working under the Financial Aid Advisor Kathy Peteran- geto-Johnson. Photo In Paul Hammond to set you upon the Work-Study payroll. Students are generally paid at minimum wage and will work approximately 40 hours a week, Once you reach your award limit, you will have three options. cripts are on file. Most importantly, don't forget to pick up a Summer Work-Study application, available between March Ist and 17th at my office and the College Work-Study Office (232 Capen). The deadline is College Work-Study Program. Both on- and off-campus positions are available. If you are interested in working for an offcampus employer under the CWS program you should contact the Work-Study Office to check if your prospective employer has a contract with the March 17th. Student Loans in Jeopardy On February 5, President Reagan released FY '87 budget for Congressional review. The changes proposed for the Guaranteed Student Loan program are particularly harsh and will cause the virtual destruction of the program. Forthefederal Title IV grant and campus- based programs, the President's proposals would reduce aid to New York State students by over 26% from current levels. The President's budget calls for major structural changes in the administration of the Title IV programs. The combined effects of less aid for students and the proposed restructuring offi- nancial aid programs would create major problems in the current student aid system. The changes proposed for the Guaranteed Student Loan program are so radical pocket costs. Congress is reviewing the President's proposal and must act on it, along with the accompanying legislative detail, be- and.make the program so unattractive to lenders that many will withdraw due to substantial losses of income and new risks with regard to defaults and interest rates. Also, schools would lose administrative allowances, have to increase matching funds for campus-based programs, and deal with more complex administrative procedures. In addition, students will be subject to stiffer eligibility requirements and larger out-of- New Professor ulty candidates are vying for the two positions. In the order that they visited the law school, those candidates are: Assistant U.S. Attorney James Kainen; Yale University professor John Donohue; ACLU attorney, George Kannar; Wisconsin Supreme Court law clerk Kirn Crenshaw, and University of Wisconsin law professor David Trubeck, the husband of dean candidate Louise Trubeck. Schlegel said that the Faculty ranked the candidates in order of preference, but he declined "ibaibscribe^ mail - ■ ■ Name I I■ | 26:11 26:12 (Onion) 26:13 27:1 The Will Street Journal,200 Burnett Road, Chicopee, MA 01021 Or to: yearof TheWall Street Journal for $63 a saving of$44 off D Send me one ■' subscriptionprice. the tegular DSendmelsweeksfors26. —— Student I.D.tt Address— D ftiyment enclosed. — State City^ D Bill me later. — Z'P I School. II S. By placing your ThMf oricn are vulid (ora tailed time/or ilwknli m\jinthecontinental to verify the enrollment information supplied above, TT,e Wall Street y™ 1 ordS aXriie Wnal Street Journal. TheW&U Tlvihiihdinnit(theAmerica,! dnwn. j 'MSrtnVrf.lOM j | Crad. Month/Year ;4SMC ' to disclose how they were ranked. "We are hoping to increase the number of full-time faculty by two," Schlegel said. "Whether or not we can, or if we do, will get played out in the next two, or it may take four, weeks." Schlegel also noted that unlike Tiiuronyi, who was specifically hired as a tax professor, the two additional professors were not being sought to teach any specific area of law. Next month, the Faculty will turn its attention to the dean fore any of the President's pro- posals can be implemented. I encourage you to use this review period to contact your elected representatives and ex- press your opinion of the pro- posals. If you have questions or would like additional detail, please contact Dolores E. Cross at the New York Higher Education Service Corporation at (518) 474-5592 or Mr. Peter Keitel, Executive Vice President, at (518) 474-5775. • •• ■ • continued from page I search. Questioned why the Faculty has over the past two months been exclusively concerned with faculty appointments, rather than with the seemingly more important dean search, Schlegel responded, "Organizations are geared to think about one thing at a time. "With the Faculty, only-one thing at a time is usually on the table. For the past month it has been faculty hirings," Schlegel said. "The dean search is next." The Opinion schedule for the 1986 Spring Semester is as follows: Date of Copy ' Deadline* Publication Layoutt Issue Subscribe toThe Will Street Journal, and enjoy student savings of up to $44. Thafs quite a bargain, especially when you consider what it really represents: Tuition for thereal world. II Info University allowing for off-campus jobs with his or her firm or agency. The contract merely stipulates that the employer agrees to pay 20% of your award. If there is no contract on file, itis possible to set one up. I I I j K^t^J M0n.,3/3 M0n.,3/17 Tues.,4/8 M0n.,4/21 Thurs.,3/6 Thurs.,3/20 Thurs.,4/10 Thurs.,4/25 Wed., 3/12 Wed., 3/26 Wed.,4/16 Wed., 4/30 "Deadline is 12:00 noon. tLayout will be in The Opinion office. Room 724 O'Brian at 5:00 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office. Room 724 O'Brian Hall, or in mailbox #754. February 26, 1986 The Opinion 7 �OPINION fIUS STATEUNIVEKSITT OF NEV YORK AT BUFFALO SCHOOLOF LAW February 26, 1986 Volume 26, No. 10 Editor-in-Chief: Victor R.Siclari Managing Editor: Jeff H. Stern NewsEditor: Paul W. Kullman Features Editor: Timothy J. But vid Business Manager: Harry Bronson Photo Editor: Paul F. Hammond Layout Editor: Production Editor: Contributing Editor: Kevin O'Shaughnessy Charles E. Telford Peter Scribner Staff: Idelle Abrams, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Alberto Benitez, Melanie Collins, Victor J. D'Angelo, Brett Gilbert, Jerry O'Connor, Cathy Papas, Kathy Peterangelo-Johnson, David Platt, Raul Rodriguez, Rachel Roth, Lisa Strain. ® Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It isthe studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: Dean Selection Committee Repeats Past Mistakes Exactly one year ago. The Opinionran an editorial criticizing theLaw SchoolDean Search Committee for its sluggishness in getting organized and inviting candidates to thelaw school for interviews (Vol. 25, No. 10). What was clear to us then is even clearer now. The Committee is not doing its jobadequately. A brieflook at theCommittee's past performance justifies that verdict. Former Dean Headrick announced that he would resign from the deanship (effective August 31, 1985) on September 7, 1984. the Search Committee, however, did not meet for the first time until the second week of December, over threemonths after Meadrickindicated thathe wouldresign. Winter break (extendedby one blizzardy week) followed thus killing any momentum the Committee had managed to gather. In essence, then, the Committee did not start "searching" for a new dean until February, 1985, making it highly unlikely that they would meet the August 1 deadline set by University Provost William Greiner (which of course they did not). It was not until late April/early May that the Committee, in a rather perfunctory manner, beganinterviewing any candidates. In August (theCommittee doesn't meet over summer break), it was announced that none of the four candidates who were interviewed here in April and May would be invited back for second interviews. They "didn't fit what the Faculty was looking for." The "search" was thus reopened and new assurances were given to the effect that a new deanwould be on the job by September, 1986. At this juncture, however, it is far from certain that a permanent dean will be found by that date. Why? Because so far this academic year the Committeehas interviewed only three dean candidates. Two of the three, Lee Teitlebaum and Bill Simon, have withdrawn their names from consideration. The third, Louise Trubeck, has been invited back for a second round of interviews March 3-4. A law professor and supervisor of the clinical program at the University of Wisconsin School of Law, Trubeck is apparently a solid candidate for the job. However, both Joseph Alutto (Chairman of the Search Committee) and Acting Dean Schlegel concede that if for some reason Trtlbeck is not approved, the Committee will have to start all over again and pursue other candidates. Should this happen, it is doubtful that a new dean could be found by September. With all duerespect for Acting Dean Schlegel, mis law school needs the kind of leadership only a permanent dean could afford. An acting dean is bound to be handicapped becausehe is not likely to have as much clout within the Albany and Capen Hall administrations as would a permanent dean. Schlegel himself characterized his role as "holding the fort." The Opinion urges the faculty and administrators to approve the appointment of Louise Trubeck as Dean, if she proves to be an acceptable candidate. At some point the Committee and Faculty must abandon their fantasy of finding some sort of deity to be dean of the law school. If the alternative is not having a dean by next fall, that point is now. — Vote Carefully in SBA Election Referendum Next Monday and Tuesday, the Law Schoolstudent body will vote on a proposal to elect SBA executive officers (President, Vice President, Secretary and Treasurer) in the spring, rather than in the fall along with the election of class directors. The advantages are obvious. Outgoing officers can train their replacements. SBA activities won't come to a standstill between spring graduation and fall elections (getting an expense voucher approved during the summer is apparently a major headache at present). And quality candidates who are not elected officers in the spring could run forclassdirectorships in thefall. Currently, talentedbut unsuccessful officer candidates are left out of the SBA altogether. These are worthy goals. But they may be achieved by other methods, although not necessarily as effectively as with this proposal. The central question is whether the advantages of spring elections for officers justifydisenfranchising the incoming first yearclass. 7"he/rstudent government will be run by officers notof their choosing. The unspoken rationale is that newly arrived law students, off the boat only a couple of weeks, are still too disoriented, too bewildered, too unfamiliar with the strange social customs of the natives in this new land to cast an informed vote. Spring electionsbecome a seven month residency requirement for officer electors. The question for the student body to decide, therefore, is theaccuracy of this assumption. We were all incoming freshpersons once. Do you think you were able to cast an informed ballot in your first election? Do you believe you should have been entitled to vote way back then forSBA officers? If so, do you think the advantages of spring elections would have outweighed this entitlement? Would you have wanted your first SBA officers elected in the previous spring? These are hard questions that deserve thought. You should vote your answer next week. Take Action Against Late Grades As happens twice a year, the deadline for grade submission has come and gone, display of professorial disregard. The deadlines for law grades are self-imposed, and far more liberal than for the rest of the University faculty, who have only four days (not forty-five) from the close of exam week. The task of enforcement of timely grade reporting throughout the University belongs to Vice-President for University Services Robert Wagner, who states that the law school is "the last remaining unit that basically is not anywhere near in com- with the usual that the law school has been granted autonomy in this area, and that since he hasn't heard of any problems Or complaints with the present system, he hasn't pressed for any changes. We believe that certain members of the law faculty have acted irresponsibly in this regard. For example. Professor Joyce casually explains his lateness as simple "procrastination." Complaints to the dean have been ineffective. Schlegel advises students to "withdraw their affection" from the faculty. If the faculty would act responsibly in this limited autonomy, then students wouldn't mind the faculty pretending it isn't a part of the rest of the university, except of course on payday. But, as long as the faculty refuses torespond to student needs by meeting their own,self-imposed deadlines, then the students' only recourse is to take the matter up with university administrators, to which the law school faculty is answerable, whether they like to believe it or not. Therefore, we urge the SBA to begin a concerted campaign to bring attention pliance.* Wagner adds, however, outside the law school to the grading dilemma. Meanwhile, we also urge students whose grades still haven't been posted to call might Vice-President Wagner at 636-2922, or visit him at 520 Capen Hall. Students in 232 Capen Hall, alto consider complaining to University Admissions and Records which unlike the law school version, is open eight hours a day. 8 The Opinion February 26.1988 Elections Referendum Set Dear Fellow Students We are writing to explain to you the procedures and underlying concerns for the constitutional changes you, as the student body, are going to vote upon March 3 & 4. As current Executive Board members, we hope that our experience in the issues will give you some insight into the reasons for the requested changes. You are being asked to amend the Constitution of the Student Bar Association to allowfor elections of the Executive Board during the spring semester. Since our Constitution does not provide for an avenue of change or amendment, we have decided to put the changes in front of the student body as a whole, instead of the SBA Board of Directors. Elections in the spring are a practical move for several reasons. It takes a several week 'adjustment' period for the new Executive Board (President, Vice-President, Secretary, and Treasurer) to learn the jobs and to also learn to work with each other. The situation is even more important when, like this year, you have several officers from various 'tickets' elected. The longer it takes to have the eleclions, the longer it takes to learn the job, to interview and appoint new student members to the Student-Faculty Committees, and to get the organization as a whole running. Parties are an important function of the SBA and the planning of each one takes time which is a scarce commodity — in the spring semester. Those of you who are involved with SBA, or who read The Opinion, understand that many more activities and issues have been and will continue be addressed thisterm; primarily because the time is available! The primary drawback to elections in the spring isthedisenfranchisement of the first year students. They will, however, be able to elect their own As students who have gone through the process already, we feel that not only will spring elections foster a more educated and knowledgeable choice among students will be able to hear and question the candidates, but the decision to hold spring elections will be a choice for a more active Student Bar Association. We hope that you will all cast your vote on March3rd and 4th. All students may vote on the change, but if it passes, only Ist & 2nd year students will be permitted to vote in the spring elections. This is an important issue which will affect the lives of all of us while we are at the law school this is your chance to have some input. Think about the choices involved and speak with any of us if you'd like. We are more than willing to talk with you about this or any other issue. Thanks! Lori Cohen, SBA President Gerry O'Connor, SBA Treasurer Colleen Rogers, SBA Secretary — directors like all other classes. Scales-Trent Up for Review To: Law Students This spring. Associate Professor Judy Scales-Trent will be considered for reappointment to a new three-year term. Teaching ability is a major factor in the review process, and assessments of a candidate's teaching from students who have taken her courses are an important source of information for the Promotion and Tenure Committee. As part of the process of gathering student evaluations the Law School's Promotion and Tenure Committee has already solicited letters from a sample of students who have taken courses from the candidate. If your name was not among randomly those selected from Professor Scales- Trent's class lists, we nevertheless would appreciate your providing us with your assessment of her teaching. As might you expect, thoughtful and detailed discussions of the candidate's strengths and weaknesses as a teacher, and of her relationships with students are more helpful to the Committee then conclusory statements that a particular course was good or bad. Also, signed letters have more credibility than anonymous statements; unsigned submissions will not be considered. Student letters become part of the candidate's official dossier, and are available to the Law School Promotion and Tenure Committee, the Univer- sity-Wide Presidential Review Board, and the President of the University. However, the letters are not disclosed to the candidate or to anyone else who is not .involved in the review process, so you should feel free to be frank and candid in your assessments. Letters can be mailed to me, in my mailbox in the faculty lounge, or left with Anne Missert in Room 511. Your letter should be received no later than Friday, February 28, 1986. Thank you for your assistance. put Sincerely, Barry B. Boyer Convenor of Visiting Committee for Judy Scales- Trent Cuomo Declines Invitation Dear President Sample: Governor Cuomo has asked me to respond to your invitation requesting him to be the Commencement Speaker at the State University of New York at Buffalo Law School's 97th Commencement Exercises on May 18, 1986. The Governor greatly ap- preciates your kindness in extending this honor. Unfortunately, due to a number of previous commitments, it is not possible for the Governorto ac- by Alberto M. Benitez Geographically, Cuba is ninety miles from the United States. However, the ideological and political distance between the two countries is use from the Spanish Conquest to the present. Cuba has made Agraian reform a priority. The agricultural system is made up of state farms, cooperatives and private landholdings. The Cuban government provides farmers with seed, credit, fertilizer, etc., and insures the farmer against any croploss. Private landholders, cept your offer and be with you at your commencement on May 18. He hopes that you understand his scheduling constraints and that you keep him in mind for future invitations. The Governor extends his and congratulations best wishes to the graduates and thanks you again for your invi- tation. Sincerely, Leslie F. Stern Special Assistant to the Governor Law Students Visit Cuba enormous. The Inter-American Comparative Law Institute, at CUNY Law School in Queens, N.Y., organized a law student delegation which visited Cuba for seventeen days during the recent Christmas break. Walter Ramos and I were the UB Law School representatives on a delegation that included students from CUNY, Wisconsin, DePaul, Connecticut and the Inter-American University in Puerto Rico. Our delegation was offically hosted by the University of Havana School of Law. Our course work was divided into one week of Agrarian Law and one week of Family Law. The Agrarian Law course examined the history of land which make up 8% of the agricultural capacity, receive the same benefits. I found the Family Law course to be especially interesting. It surveyed the rights and guarantees of individual family members, single mothers, working mothers, etc. The law professors were straight-forward in answering the "hard" questions raised by the various delegation members. For example, abortion is legal. Concerning the legal status of homosexuals and lesbians in Cuba, we were told that the Cuban concept of a family is a man, a woman, and children. The root of this concept is based in the country's Spanish heritage and Roman Catholic influence, which remains strong. While there is not a statute that prohibits homosexual/ lesbian conduct, such conduct is punishable as "contrary to public order." Men and women have equal treatment under law. It can safely be said that cle jure sex discrimination no longer exists. The study schedule provided us with plenty of timefor sightseeing. No one restricted my movements or prohibited me from speaking to anyone. Being a native Spanish speaker was an advantage I had, but many people spoke at least some English and were very happy to practice it. We were housed in the Miramar section of Havana. Prior to the Revolution, continued on page 15 �The Boy Mechanic . Kevin O'Shaughnessy The Pride in Law School Rests In Students "If, in the alternative, we were to scale down our aspirations and see our mission only as the education of lawyers in the teaditio/ial law school mode, we would probably succeed in retaining the stature of a good state law school. We might maintain our current position at the level of some of the lesser Big Ten schools. However, in the absence of a massive infusion of new resources, it is most unlikely that we can attain the level of the nationallyranked state law schools, such as Virginia, Texas, Michigan, UCLA or Berkeley. Such schools have a nearly insur- mountable lead with respect to other schools that attempt to beat them at their own game. It is however, still possible for us to reach and even exceed a comparable level ofattainment ifwe consciouslyplay the game differently and attempt to fulfill the broader missions which have been described in our planning over the last ten years, partially developed in our recent past, and sprinkled through our current program. Put simply, our choice is either (1) pursue our aspirations of over a decade in a serious and systematic way and develop a law school on the Buffalo Model or (2) slip back into a comfortable niche as a good, but undistinguished, garden-variety law 5ch001 ..." — Former Dean Thomas 1975 Headrick in his "Mission Statement" for the SUNY at Buffalo Law School Cancel that Order of Ivy The Buffalo Model Law School has fallen from the hallowed Gourman Report top 20 law schools (from 17th to 39th in just two years). This "calamity" has been the topic of dis- cussion throughout the law school. Since most of the stu- the dents have been here throughout the law school's two year "decline," some students have appointed themselves legal education experts and have come up with several different theories of decline: 1) Stop Using Books as a Weapon This one begins with the assumption that Mr. Gourman (who is' this guy and The problem with this theory is that every law school has the maintenance problem; Harvard — where does he get his assumptions?) places a great deal of emphasis on each law school's library. If this assumption is accepted, the conclusion is obvi- ous .. the law school declined because the library declined. Proponents of this theory cite a laundry list of the library's flaws: broken copy and change machines (these two alone cost us ten places in the report), the broken book alarm system, old worn out carpeting, etc. The problem with this theory is that the library hasn't really declined (not 22 places worth). I've been a student at UB since 1979. The law library has im- proved itself in that period of time: the Lexis computer systems, the Robert Koren Audio Visual Center, and the computerized check-out system. Besides, they've already fixed the book alarm system. 2) The Chicken Little "the sky is falling " argument Bursting pipes, . —roof, the leaky the seventh floor disaster area, the Moot Court blackout.. proponents of this theory elevate these relatively trivial maintenance ills to a symbolic level. All these problems are symptoms of an administrative malaise which has infested the law school. They proclaim that this place will be reduced to a pile of brown bricks by 1990 (some people even go as far as comparing the Buffalo Model to Roman Empire these are isolated cases.) but has leaky pipes, (they probably cover it up though.) Pipes will be sealed, the roof and the seventh floor will be repaired, and candles can be dispensed to all Moot Court competitors. Besides, I think we have a first maintenance staff. class There's no way we dropped 22 places because of our roof leaks. 3) The ship needs a captain, and the sailers ain't what they used to be This is the elitist academic excellence argument which points out the lack of a dean and blames the admis- — sions people for letting people in with "inferior" (less than theirs) LSAT scores. These are the same people who want to change the grading system because their high LSAT scores have failed to produce H grades so they know that they just missed them (a.k.a. the old "high Q" theory). This school is very close to hiring a new dean. I doubt that this action will vault us back into the top 20 ... The school's faculty are far more important. A new law school is bigger than one person's job Dean Headrick has pointed out that LSAT scores are not what this school is about; we're supposed to be different. It is very difficult to improve your law school ranking by hoping to lure "exceptional" students to your mediocre law school. They want to be ivy leagues. ... .. 4) The Joel Hyatt "You gotta advertise" theory The recent success of Hofstra Law School (98 to 28) in the Gourman Reports, coincided with the school's advertising campaign — in The New York Times. This has led some students to believe the Buffalo Model should go Madison Avenue. We could get corporate sponsors to lure would-be yuppies: Michelob and the Buffalo Model: "You've always known whee you were going..." Merrill Lynch and the Buffalo Model: "A breed apa^rt." People magazine and the Buffalo Model name their honorary .. celebrity Buffalo Law School dean: Glenn Close (Jagged Edge), Al Pacino (And Justice for All), Paul Newman (The Verdict) None of these thories explain the school's decline. We could assume that Mr. Gourman is insane for attempting to rank law schools. Let's look at each ofthe theories. Each theory points to a problem and asks the school, or its administration to fix it. The real problem is that a great many people take from this law school and give very little back. I work for the University of Buffalo foundation (the fundraising institution for this University). We ask alumni for donations for the university. Asking the law school alumni, who have not donated before, to support the law school is as much fun as contracting cholera. The response has not yet been overwhelming. The tuition here is incredibly low (slightly over $3,000 a year; by comparison, Syracuse is over $4,000 a semester). The state provides about 65% of the entire university operating budget, the rest has to'eome from private areas, namely the >»■ alumni. Financial support from law school alumni would provide for library improvements and roof repairs, supplement fac- Kullman's Korner . ulty and administration salaries (to recruit the best and prevent raids from other law schools), and advertising in The New York Times whatever is necessary. Former Dean Headrick, in his 1975 statement, mission foresaw the other problem with the law school: "We have succeeded in attracting a good cadre ofable students, but their aspirations too often fall short of their own competence, and many, but certainly not all, tend to react conservatively to innovative efforts in legal education." Selfish alumni were selfish students. Their selfishness is evident during law school. They use the law school's national reputation and low tuition price to pass the bar and get a job. They give nothing back to the school. They piously claim they got themselves law through school everyone else can .. fend for themselves. They constantly whine about the lack of traditional "bar related" courses; deride the innovative efforts of the law school (the Animals and the Law seminar, one of the most intersting courses I have ever taken, has been a constant source of humor); or cower in fear at the idea of having these courses on their resume. (Take the Law and Marxism seminar and you're placed on the Presidential Enemies List.) This school has to go its own way. We cannot out-Harvard Harvard. The Gourman Report could be a symptom of the real problem at this law school: the selfish lack of alumni and student support of the Buffalo Model Law School. It's time for both groups to put up or shut up. Paul W. Kullman Free Speech Wins Over College Athletics While I couldn't tell you who coined the phrase "Talk is cheap," chances are that person didn't come from Georgia. An Atlanta federal court jury recently found that one's right to bark in Bulldog country is worth roughly $2.5 million. That is, if you're an instructor who lost her job at a major university for speaking out against preferential treatment for student athletes. Such was the case on Wednesday, February 12, when University of Georgia instructor Jan Kemp's free speech rights were deemed to have been violated by two University officals. Kemp claimed she was de- moted and then fired because she spoke out against preferential treatment for student athletes in remedial classes. While the focus of the fiveweek trial was directed primarily on the degree of special academic attention given to student athletes, the fact that the case was decided on the free speech concept of the First Amendment is significant. Hopefully, this case will provide an impetus for other academicians to speak out further and force university athletic programs across the country to put the accent back on making sure Johnny can read the textbook as well as the playbook. there probably While wouldn't have been a case had Kemp not lost her job, the fact that she had such a direct personal stake in the matter cannot detract from the general impor- tance of the holding. Athletics at major universities is a business a big business. And in many respects, athletes and university athletic departments are engaged in a working business relationship. But a business relationship is supposed to be a symbiotic relationship, existing for the mutual benefit of the parties. — Yet it becomes readily apparent that the student athlete has been short-changed in such a relationship when his eligibility has been exhausted and -he comes away with neither a degree nor an education allowing him to function in society. Consequently, while the athletic department has been busy producing a national champion, the university has been fos- tering»an academic chump. And who do we point the finger at? Why the teachers, of course. While Kemp's case doesn't tell us anything new about the way athletics and academics are treated at many universities, the case does tell us that teachers can effectively utilize their right to free speech in an effort to undertake the duties of their job. I would even go so far as to say the case suggests that teachers have a responsibility to exercise their right to free speech when they feel they are being forced to compromise their educative roles. At any rate, $2.5 million would seem to at least provide such incentive. S.B.A. By-Law 13 Requires: All organizations which wish to maintain or receive an SBA charter and/or receive SBA funds must: (1) send a representative to one SBA meeting in the Fall of each school year (before November 1), and in the Spring (before April 1) to report on the group's activities and plans. a letter describing the club's activities and plans in the Law newspaper. The Opinion after October 15 and before March 15 of School each school year. (3) submit a list of at least 10 signatures of matriculated students who are members of the organization. This By-law is designed to encourage an increased awareness of the rich variety of activities within the Law School community. Organizations which do not meet all of the above requirements may have their charter(s) revoked, and may at thediscretion ofthe SBABoard ofDirectors—be deniedfuturefunding. {AdoptedApril 1981) (2) publish essentially an inter A billboard in Havana which translates: "A Communist is nationalist." ___^_^_^__^^_^™^^^ — February 26,1988 Tlm Opinion I 9 �WANTED: STUDENT MEMBER OF THE SUNY BUFFALO UNIVERSITY COUNCIL Duties of the University Council: Review all major University plans regarding faculty, students, admissions, academics, etc. Make regulations concerning student conduct, student housing and safety, and campus facilities. Review and recommend SUNY/Buffalo budget requests. Appoint advisory citizens' committees. Name buildings and grounds. Report annually to the Board of Trustees. Perform any other duties requested by the Board of Trustees. Make and establish regulations necessary to carry out the above duties. Responsibilities of the Student Member: Represent the students of SUNY/Buffalo to the University Council. A voting member of the Council and the Executive Committee of the Council. Full membership privileges, including placing items on meeting agendas, etc. Must attend all meetings. The rights of access to all information dealing with the Administration, policies, etc. of SUNY/Buffalo. • • •• •• •• • • • •• Petition Pick-up: February 18—on SBAdoor, 101 O'Brian Hall Informational Meeting: February 28—4:00 p.m. —Talbert Hall, Room 206 to hand in petitions. Elections: March 12 through March 14 Mix-Up at Tralf Delays Law Revue by Peter Scribner The performance date of the Law Revue has been postponed from March 16 to March 23 due to a curve ball thrown at the Law School by the Tralfamadore Cafe. Howie Spierer, Director of the Revue, arranged with the Tralf to hold open March 16 for the annual law school talent show. But without anyone at the school, the Tralf went ahead and booked a Kris Kristofferson concert for that date, under the mistaken assumption that the date of the Revue could be eascontacting ily changed to the following weekend. But March 23 is both Palm Sunday and the day of St. Patrick's Day in Downtown Buffalo. Despite these potential conflicts, and despite great irritation at the Tralf's management for its casual treatment of the school, the Revue organizers decided to go with the new date. "The Tralf has everything we want," said one Revue worker. "It has a capacity for 400 people, it's got a good stage, professional sound and lighting, a wonderful night club atmosphere, a good bar, and a Thomas E. Headrick, Ph.D., former dean of theLaw School at the State University at Buffalo, willreceive the prestigious „ " I 1 BUFFALO LAW REVIEW VOLUME 34 WINTER 1985 Articlts A Tribute to Milton _ C 3> Kaplan: NUMBER 1 Six Essays Thomas E. Htadrick /.;>. Hyman Sol M. Lmowitx fames Magavtm Q Robtrt I. Rtis William R. Grtmrr Feminist Discourse, Moral Values, and the Law—A Conversation Ellen C. Dußcis Mary C. Dunlap > J° < 7 < Carol J. Gtlligan Catharine A. MacKinnon Carrie j. Menktl-Mtadoui Duty Representation: The Of Fair What The Courts Do In Fact Pagrt 1 MuhallJ. 4 (Mb,rg Sckall v. Martin Preventive Detention and DanCEROUSNESS THROUGH THE LOOKING GLASS CharUs Patrick Ewing Pennhursl v. Haldtrman. The Eleventh Amendment, Erie and Pendent State Law Claims Robert Smith to -128 Comment Federal Tax Liens and State Homestead Exemptions The Aftermath or United States v. Roiprs performance reviews in early March. Students who would like to help out with lighting, sound, or stage crew are asked to give their name to Spierer in M.B. #762. First and second year students are especially encouraged to help with the production staff so that next year's show will continue to have experienced people working on it. Headrick Will Get Jaeckle Award Edwin F. Jaeckle Award at a luncheon ceremony on Satur- Single Issues of Volume 34:1 are now available in 605 O'Brian. Price: $6.00 name that will draw. None of the alternatives we could think of at this date could compare." Last year's Revue, the first held at the Tralf, drew 375 people, well over a hundred more than attended the year before when the show was held in a church hall in Williamsville. Revue sponsors expect even a bigger turn out this year. On a happier note, the Revue Committee reports that student response to the Revue has been excellent. Several groups are interested in performing as musical groups or solos, and in doing comedy sketches. A Revue Review committee has been appointed to look over the proposed skits to see how well prepared they are and how long they will take to perform. The committee hopes to hold these day, March 1. The Jaeckle Award, the highest honor bestowed by the law school and its alumni association, has been given annually since 1976 to an individual of distinction who has established. "significant contact with the law school." It honors 91-yearold Buffalo attorney Edwin F. Jaeckle, a member of the UB Law School's Class of 1915 and the first recipient of the award. The noon luncheon and award ceremony will conclude the 10th annual Law Convocation, sponsored by the UB Law School and its Law Alumni Association, at the Center for Tomorrow on the UB North Campus. The opening event will be an attorney-oriented symposium, starting at 9:00 a.m., on "Counseling the Elderly: Legal Con- siderations Outside the Will." Speakers are Erie County Attorney Eugene F. Pigott Jr., attorneys Elizabeth G. Clark Stamm and Thomas P. Cleary and Professor Kenneth F. Joyce, a UB Law School faculty member. Headrick retired last August as dean of the UB Law School, after nine years at the helm, to return to teaching and other academic pursuits. Attorney Leslie M. Greenbaum, president of the Law Alumni Association, noted in a prepared statement: "No one has done more for the law school in the past decade than Tom Headrick. He has built bridges to the community, the bar and the alumni." Born in New Jersey, the son of a research physicist, Headrick served as vice president for academic affairs at Lawrence University, Appleton, Wisconsin, before coming to UB as law school dean in 1976. Now 52, Headrick received his bachelor of arts degree from Franklin and Marshall College in 1955. As a Fulbrigth Scholar at Oxford University in England, he earned a baccalaureate in letters in 1958. He received a law degree from Yale University in 1960 and a doctorate in political science from Stanford University in 1975. Headrick was serving as assistantfean of the Stanford Law School (1967-70) when he accepted theLawrence University post. Prior to launching his academic administration career, Headrick served as a law clerk and in private practice. He also gained experience as a management consultant in England. Previous recipients of the Jaeckle Award, besides Edwin F. Jaeckle, are Charles S. Desmond, retired chief judge of the State Court of Appeals; the late Frank G. Raichle Jr.; Clarence R. Runals; M. Robert Koren; Robert J. Millonzi; Judge Matthew J. Jasen of the State Court of Appeals; Jacob D. Hyman, and Williams J. Regan, former Erie County surrogate judge. ATTENTION LAW STUDENTS! | STATE UNIVERSITY OF NEW YORK AT BUFFALO • 1985 Buffalo Review Copyright by the Law Complaints about late grades should be directed to: Robert Wagner Vice-President for University Services 520 Capen Hall, 636-2922 (S— today 1* tutorial) 10 The Opinion February 26, 1986 �Chapus by fli Comics TAX II STUDENTS: Reprints of Prof. Del Cotto's article are now available in 605 O'Brian Price $4.00 (student price: $3.00) Sales and Other Dispositions of Property Under Section 1001: The Taxable Event, Amount Realized and Related Problems of Basis By Louis A. Del Cotto PrBaSctmiel lues ® Reprinted from Buffalo Law Review Volume 26, Number 2 Copyright O 1977 Buffalo Urn Mm Ttf£ BUPfAtO P RO MODEL COM ~.AND WE fIANK IN THE TOP 10 LAW SCHOOLS Got the Small Practice Blues, Not much money. Got holes in my shoes. Coffee in the^morning from the diner across the street, Their donuts are too greasy even for me to eat. Talk to the secretary, till I hear the boss's feet, Run to mv desk and hop into my seat. All my Law School pals are scattered far and wide The closest one, is an hour and a half ride. wish I I was still in school. Back in Buffalo, Beer and chicken wings, and lots and lots of snow. by Victor J. D'Angelo 1J TAKES THESE RBPofMS SERIOUSLY WHO ANYHOW? To*> 3. T-e.*\ L<W Sc^n \$ ( iJ<<r\ Vo. Vjs> February 26. 1986 The Opinion 11 �. Nietzsche's: Darts, Blues and Booze I funster was wearing his tie like you gotta be a head band careful when those yuppies start cuttin' loose on the weekend. The drink prices are a little steep ($4.75 for a pitcher of Michelob Light, or $5.00 for a forgettable brand of dark beer). The bar stocks a good selection of bottled beer and earned special bonus points for carrying my favorite brand of scotch: Glenlevit. Drink prices don't draw you to Nietzche's; the main attraction is the entertain- RBAR EVIEW Nietzsche's 248 Allen Street Buffalo, NY 14202 886-8539 man with the beard and pipe greets you outside the door of Nietzsche's. On Fridays, the cover charge is two dollars. It's probably thebest investment in the city of Buffalo. Stan and the alcohol and the hurling of semi-lethal weapons about a barroom appeals to you, Nietzsche's is the place for you. I had seen Stan and the Ravens perform at other bars, but Nietzsche's is the best place to catch their show. The band Ravens play at Nietzsche's on plays amazing Rhythm and Friday nights. Blues, Blues, and Jazz. Stan is a serious keyboard whiz (you always see a couple of"Fanatics" Nietzsche's is not laid out like your average bar. The building reminds me of one long, wide hallway: the main bar area is in front, tables and seating area are next, followed by the dance floor (flanked by upper tier tables), and finally, the stage. On Friday nights the crowd (which is loaded with groupies . or "Stan Fanatics" as I call them) is older than your basic college bar (I spied quite a few bald spots out on the dance floor). As the night goes on, the crowd get wilder. one wacky I (VV .. . . Nietzsche's features a variety of live entertainment: Blues, New comWave, and Jazz bands edy nights poetry readI'll take Stan and the ings Ravens on Fridays from 10:00 p.m. to 3:00 a.m. stayed for the final encore. As the band finished up, a drunk lumberjack (who probably thought the bar was named after a former Green Bay Packer middle linebacker) screamed "Rock and Roll!" You can't get more eloquent than that. CAREER PANELS .. staring intently at his hands for ): he's hours at a time played for Levon Helm and Maria Muldaur. Nietzsche's has a good-size dance floor, lit by antique chan- deliers, and the band plays serious dance music. My favorite tunes are "Livin' in the U.S.A." by Charles Berry and "Take me to the River" by Al Green. The other attraction (or diversion as stale Dale Anderson calls them) at Nietzsche's is Mark your calendar and attend our career information panels scheduled for March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas is really about. Your individual questions are especially welcomed. SPECIALTY PRACTICES Tuesday, March 4, 3:45 p.m., Room 109 Leslie Greenbaum — Entertainment Law David Hoover — School Law William Reich — Immigration Law Mark Wallach — Bankruptcy Law CORPORATE/TAX PRACTICE Thursday, March 13, 4:00 p.m., Room 109 Victor Gagliardi — Estate Tax, IRS Joseph Makowski — In-House Counsel, CTG Catherine Wettlaufer — Tax Work in Private Practice Ellen Yost — Corporate Work in Private Practice BANKING/FINANCIAL PLANNING Tuesday, March 18, 4:00 p.m., Room 108 Bob Edwards — In-House Counsel, Goldome Frank Heller — Banking Law in Private Practice Alan Vogt — Financial and Investment Planning Specialist LABOR LAW Wednesday, March 26, 4:00 p.m., Room 109 John Collins — Union Representation David Farmello — Management Representation — NLRB — Administrative Law Judge, NLRB Mark Pearce Marilyn Zahm RES IPSA LOQUITUR x /\\\ ( horrid video game, "The Nibbler" (probably stale Dale's favorite), which should be ditched as soon as possible. Several /lights a week, ment. Ifthe idea ofmixing by Kevin O'Shaughnessy The sharply dressed darts. There are dart clubs and dart league nights (sort of like bowling for people who don't care for heavy objects). If the idea of mixing alcohol and the hurling of semi-lethal weapons about a barroom appeals to you, Nietzsche's is the place for you. They also have a good juke box (50's and 60's rock) and a C^29 A [/)) x\x I /\V/\ The *Pieper 'Hew york^State — Multistate (Bar Hfeview offers an integrated abroach to the Oitw yorf^ (Bar 'E^am. We emphasize sophisticated memory techniques, essay writing skills and a concise, organizedpresentation of the law. you Witt Be prepared and confident. \(/\ I J\J I I J\ \ yU<-L PEIPER NEW YORK - MULTISTATE BAR REVIEW I \\. 1 sj\ I f{ / ) \/_^/ | I 1 \ \^ 12 The Opinion I 1: Speaks For Itself. 90 Wittis Avenue, Mineo(a,s& 11501 Telephone: (516) 747-4311 Duane Barnes Margo Beasley Ross Lanzafame James McElhone Brian Bornstein Amy Sullivan February 26, 1986 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard JudithKubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy f\fy\ I A~\ A\V (\) I nT\/ \\ / / / �Student Defender Program Seeks Law Students by Cathy Papas I'd like to take this opportunity to invite all law students, particularly second and first years to participate in Group Legal Services' Student Defender Porgram. Victor Siclairi is the assistant coordinator and Gary Farrell is the Residence Hall Program coordinator. We are all graduating seniors and first and second year students are needed to run the program next year.' Law Students participating in the Defender Program repreundergraduate sent and graduate students appearing before the Student-Wide Judiciary (SWJ). The SUNY Buffalo SWJ is a student tribunal whose purpose it is to adjudicate violations of any nonacademic student rule or regulation, disputes arising from campus elections and actions which violate constitutions for student organizations or associations. The Court is most involved with violations of student rules and regulations, which are revised annually and appear in the Student Handbook. The jurisdiction of the Student- Wide Judiciary extends to any violations which occur on campus, including the residence halls. The Student-Wide Judiciary is comprised of justices appointed by the three major student associations: ation, the GraduateStudentAssociation and the Millard Fillmore College Student Association. In situations where a student rule or regulation has been violated, any individual may bring a charge before the court. However, the court only has jurisdiction over defendants who are students of the university. All charges relating to violations of rules and regulations are prosecuted by student prosecutors, who are SUNY at Buffalo law students working with the Office of the Dean/Division ofStu- dent Affairs. The defendant may be represented by any person of his/her choice at any of the court's proceedings. This is almost always a defenderfrom Group Legal Services. Charges may be initiated before the student court by filing a complaint with the Student Prosecutors' Office. After the Student Prosecutors' Office investigates the incident, a complaint may be filled with the court and an arraignment scheduled. Students will be advised by the served complaint that they have the right to consult with Group Legal Services about the charges alleged against them. A student defender advises a defendant what plea should be Gay Students.. To require the opposite, to morally allow homosexuals the luxury of continued existence within a closet, is antithetical to the goal of the gay rights move- — ment an end to discrimination against homosexuals, and the creation of a social belief that homosexual love is equally as valid as heterosexual love. Now, this may seem difficult to some, especially to those who remain in a closet. After all, the view of social responsibility which has been outlined morally requires an individual to accept a (small) burden for the good of the group. However, on balance, this is an issue which cries out for the group action. The gay rights movement will not proceed forward unless more gay people stand up and walk out of those de- the Undergraduate Student Associ- • • • continued from page 5 and meaningful cannot, in my opinion, be at all experienced in a closet. Believe me, I know what you're feeling; but, again, you can only help yourself by helping others. With your help, we will win. entered at the arraignment. At the arraignment the court rules on the sufficiency of the complaint and then accepts^ plea of guilty or not guilty from the defendant. If the defendant pleads guilty, the court proceeds to impose a sanction. If the defendantpleads not guilty, a hearing date is set. Hearings involve representing the defendant in front of a SWJ panel of judges. The prosecution and defense may make opening and closing ments, as well as state- motions. Wit- nesses can be presented by both sides and examination involves both direct and cross. The court has the power to subpoena witnesses from the student body. One distinction of this court, however, is that the rules of evi- dence are generally much more relaxed than those in civil or criminal trial. The SWJ panel of judges is composed of non-law students who are essentially selected to ensure thatstudents brought up on charges are judged by their peers. Because of this, "common sense" rules are the ones that apply during arraignments and hearings. If the defendant is found guilty, both the prosecution and the defense may offer suggestions for sanctions ranging from oral warnings all the way to recommendation to the President of the University that the defendant be suspended, expelled or dismissed from the University. The SWJ panel is not compelled to take into account either sides' recommendations but of course, may use them as guidelines if they wish to. // The defendant may appeal the court's decision and/or the sanction imposed. SWJ trial decisions are appealable to an appellate panel of the SWJ. Any court decision is ultimately appealable to the President of the University. The SWJ has also established a Residence Hall Trial Panel to specifically hear all violations of Housing rules and regulations or violations of Student Rules and Regulations which occur within the residence halls and have been channelled through the Residence Hall Disciplinary Procedure forMinor Violations. The process which follows is similar to the one followed by the SWJ. Many of the cases heard by the court could be heard by the University. The intrelated components of the SWJ, The Student Prosecutors' Office and the Student Defender Program provide a means of safeguarding the defendant's right to due process in a disciplinary proceeding. The procedures followed try to assure as best as possible that the accused re- ceives adequate notice of the charges, receives a fair hearing with an opportunity to present his or her position, evidence, or explanation, and receives a fair decision based on the evidence presented. If any law student is interested in participating in the Student Defender Program, please leave a note with your name and box number in Box 717. I would like to add that I was a volunteer while I was a first and second year student and found that it affords a rare opportunity to actually represent a defendant through the trial procedure. I feel it has helped me in courses such as Trial Technique and certainly is valuablefor students who will be participating in theoral arguments this semester Also, pros- pective employers appreciate a first or second year student who has had some sort of practical experience in any kind of trial preparation. The rewards far outweigh the very few hours per week required, it's a learning experience, and besides — it's fun! YEARBOOK : Any seniors who had their picture taken February 4 or 5 must select the small photo for the yearbook by tomorrow. Pictures are available in Room 312. Any seniors who have not had their picture taken may submit their own portrait by tomorrow to The Advocate, 724 O'Brian Hall. Yearbooks will go on sale next week. Ist, 2nd and 3rd year students — please submit candids NOW. Include name and address on envelope.^ *"*>*r^ ****** 77. grading closets. To those who are afraid, all I can say is don't be. The membership of GLSO is ready to stand by you during those early moments of hesitation. — ' Equally, you will find the majority of straight students here at UB to be rather supportive; but if a few are not, don't shy away, stand up and recognize them for what they are. I am sure that a few of my GLSO colleagues might disagree with me on this issue, and I welcome their feedback. However, I believe that they will have to show me how an ethic of privacy as described can possibly aid the gay rights movement. Perhaps they can do that, I certainly have been wrong before. Finally, to those 50 or 60 gay law students who remain closeted, a personal message. My friends, you are missing so much. The feeling or pride of knowing who you are, what you're all about, the declaration to society of who you love, or who you want to love, the ability to stand up and say, without hesitation, that my life is valid // February 26. 1986 The Opinion 13 �II Uu Uu mil il n ■!■ Uu il m OFF THE 1986 TUITION WHB^J YOU REGISTB* FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 STATE REGULAR Till lON 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VX, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $775 Jk I (jlj $575 $675 STATE ' 1987,88 4^9 REGULAR TUITION NEW YORK $375 NEW JERSEY $675 MASS., CONN., CLASS OF 1987 1988, & 1989 VT.. MAINE, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY . S^ $700 /S $50° $600 A *5O DEPOSIT IN NEW YORK NEW JERSEY OR ANY NEW ENGLAND STATE RESERVES THIS PRICE. /In \^3ju^ia LAST *±m 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617)437-1171 14 REMEMBER: THE DAY OFF THE pmcE IS '- J The Opinion February 26, TO SAVE . 1986 . • *\M IVI/\l\.\^H ZO AljrilJ 'JgT ©1986 BAR BRI �Cuba Visited Miramar was a luxurious, residential neighborhood. Since that time the Government has converted the mansions into embassies. Government offices, day care centers, student housing, etc. Our neighbors were students from Nicaragua, Mexico, the Dominican Republic, Ecuador, Finland and West Germany. The administrator of our house, Guzman, deserves special mention. He was a guerrilla in Che Guevara's column during the Revolution, and he served in' Angola in 1975. There is little American prsence in Cuba. However, I did hear plenty of Madonna and Cyndi Lauper music on the radio. The best ice cream I've ever eaten was at Havana's Coppelia Park. While standing in line to buy ice cream it wasn't uncommon to see uniformed soldiers, male and female, alongside people wearing Jordache jeans and Michael Jackson T-shirts. Walter Ramos saw the Olivia Newton-John film "Xanadu" playing at the Karl Marx Theater. Visiting Havana is in many ways a trip back in time. The 1940's and 1950's American continued from page 8 cars, still in excellent condition, are one example. The hotels and nightclubs that made Havana a favorite American playground are others. One of Havana's best hotels, the Nacional, was a favorite of George Raft, Errol Flynn and Al Capone. Today, itsclientele are primarily tourists from Europe, Latin america and Canada. The Tropicana nightclub, built by American organized crime and operated by Meyer Lansky, still ning east-west through regularly crash up the walls rarely disturb the couples sea- r. 's wild animal. And for those who can prove the above, it seems that the red tape will hardly make the effort worthwhile. As a result, instead of being able to successfully breed and regenerate stock of many types of birds, many more birds will be added to the list of en- dangered and extinct species. Parrots, which include the macaws, cockatoos, and amazons, have only just begun in their popularity as pets. Up untill the last decade, it seemed that only looney ola1 ladies owned parrots and stories were always told about the bird being passed down for generations. It is true that parrots can live to be 100years old or more, and it is also true that they can make excellent pets. Although I know that this bill is ultimately designed with the bird in mind, I am concerned that is is an — "overkill" approach. If I didn't know that habitats coast. The Cuban government in South America were being destroyed, thereby eliminating breeding of many species, and if I didn'tknow that many countries with endangered bird species were doing little or nothing to cultivate their continu- Isle. As part of the educational system, students attend classes for part of the day and work in the fields for 2-3 hours as well. We also visited a school for students from Ethiopia. Most of the people I met genuinely support the Revolution. People were very proud of their benefits under the Revolution: free health care and education, subsidized food items, mass transportation that costs five cents, etc. Yet, they didn't hesitate to criticize the Govern- ment. The biggest complaint I heard was the inability to travel outside Cuba for most people, along with a limited variety of consumer goods. I saw children begging in the street or sleeping in parks. Havana is a very clean city, although it could use some paint in spots. It's also very safe, despite a noticeable absence of police. Restaurant and store service is slow, and patience is a must. Most Cubans are very interested in the United States, and would love to visit this country. I met a couple of to maintainthe "genuine desire to teach students in the way they want to be taught," whether it be through Critical Legal Studies, or through a more traditional approach. She would not believe in any kind of political determination of professors, but in "finding the best teachers on the market." Trubeck indicated a sincere desire to acquire for UB Law School a national reputation comparable to the acclaim it has received in strictly academic circles. At the time of Trubeck's first interview, committee member and Acting Assistant Dean of 945 Ellicott Square Building 852-0958 • • Term Papers Word Processing Reasonable Rates Resumes Quick Returns Student Discounts above problems by eliminating the importation of all species (importation of endangered species has been prohibited for severly years except by permit). By restricting all birds, potential aviculturists could be on the other hand, claims that ninety percent of birds are dead within the first two years of captivity, that most owners arg totally ignorant of a wild animal's needs, and that it is "cruel to cause them to engage in unnatural behavior." The HSUS, ing survival (i.e. Grand Cayman, Cuba, St. Lucia), then perhaps I could believe that all birds would be best left in their natural habitat. I know that thousands of birds die after being shipped out of their country and that many more die in quarantine stations set up by the U.S. Government. However, I do not think that this bill adequately challenges the ....... American Secretarial • also for free. A highlight for me was a visit to the Bay of Pigs, on Cuba's southern coast. This was the site of the failed CIA-sponsored invasion of Cuba in 1961. There is a museum of the invasion at the site, but otherwise, the area is used as a vacation resort for sponsors students from the Third World, mostly from Africa, who study and live on the people who had visited Buffalo during the 19505. Yet, the major point of interest was New York City. My only complaint is not having enough time to see and do all I wanted to. Regardless of one's political position towards Cuba, visiting the island is a valuable experience. SUNY is well known at the University of Havana, and officials there are anxious to host more SUNY students. I have spoken to faculty and students here about initiating a book and periodical exchange between the two universities, and also conducting regular delegations of law students to Cuba. In- terested students should con- tact me. Pit lure of Camilla Cienfuegos continued from page I School, the Steve Wickmark, indicated that the committee was "impressed with (Trubeck's) background and her grasp of what it takes to run a law school," and she was considered "a very strong candidate." The selection of Trubeck as Dean is farfrom deLaw finite, although her husband, David Trubeck, is being interviewed as a faculty candidate. The feeling of the Dean Search Committee is that "if he did not come she probably wouldn't be^ interested." Louise Trubeck's second visit is scheduled for March 3rd and 4th, and at this point committee members are just hopeful. According to Alutto, "If we're not successful, it will not be a failure of the faculty to try," and also if the committee is not successful, "the school will haveto look at how it will continue" the academic development which the faculty has worked to estab- lish. dissuaded from attempting to breed birds. I am mostly concerned that many will not experience the joy of owning a parrot; friends are sick of hearing about Webster, my Double Yellow-headed Amazon, and Nicky my Umbrella Cockatoo. Webster exhibits such "unnatural behavior" as talking, singing, and laughing and Nicky comes and Fidel Custm in the museum of Isle of Youth. • ••••• Dean Search members and central administration." David Engel indicates that the emphasis will be on having her meet with the university officials in central administration. Trubeck was first interviewed at the end of November 1985. At that time, she indicated that some of her primary concerns were the "integration of theory and practice" through a good clinical program and improving and maintaining the quality of student life. As Dean, Trubeck would try is the El workers. Several of us visited the Isle of Youth, off Cuba's southern No visit to Cuba is complete without a walk through Old Havana. The best way to reach it is via the Malecon road, Havana's "lovers lane." Run- few private citizens will be able to obtain a permit to import a According to Alan Freeman, "The principle thing is to give her a chance to talk to faculty Building, ted there. Old Havana has been recognized as an international historical zone by the UNESCO. Narrow streets and Spanish colonial architecture is the norm. At night, the only illumination is by street lanterns. The Cathedral, open for Mass, is the heart of Old Havana. dancing. department which is set up for that purpose in the state. To get the permit, you must prove (1) that the proposal will enhance the species; (2) that the applicant possesses scientific and animal husbandry credentials and resources to implement that enhancement; (3) that the applicant will be able to provide rently means doing tricks not learned in the wild); and (7) that the applicant can comply with anything else the Director deems appropriate. No provision is made to appeal the decision not to grant a permit. The permit, once granted, is valid for two years, at which point it can be renewed. Needless to say, very Bacardi Floridita bar, Ernest Hemingway's favorite drinking spot. The daiquiris were great! After all this walking, a good Havana, the Malecon faces the Gulf of Mexico. The waves that offers a fantastic floor show and . . Minimum Care Standards (the Federal Animal Welfare Act, as amended by the secretary of Agriculture); (4) that the animal will not be a personal pet; (5) that the applicant will comply with all other applicable state, local or municipal laws; (6) that the animal will not perform unnatural behavior (which appa- dential Palace. At the Museum I was able to see the Granma, the boat that Fidel Castro and his men used to reach Cuba from Mexico in 1956. Further up, past the old place to eat is La Bodeguita del Medio, Hemingway's favorite restaurant. I recommend the black beans and rice, with roast pork. Havana provides a wide array of cultural events, costing very little or nothing. I attended a play, which cost $2.00, and the Cuban Symphony Orchestra, which was free. Walter attendeda playoff baseball game, Nearby is the Museum of the Bird Bill Revolution, formerly the Presi- continued from page 6 down off his cage every night to watch hockey on TV. When they go outside with me to the park or for a ride in the car, children stop me to ask me to "make them talk." If any- one ever tells you birds don't have a personality, don't believe them —they are just the same as people or any other pet. If you want a copy of the actual bill itself, write to the Humane Society of the United States, 2100 L Street NW, Washington, D.C. 20037. And if you would like any more information about parrots (what to buy and where tobuy, VERY IMPORTANT!), leave me a note in box #400 or track me down next semester in Animals And The Law! Sources: American Cage Bird Magazine American Federation of Aviculture Watchbird Magazine Bird World Magazine 1985LawReview Casenote Competition Announced; Meeting To Be Held 3/12/86 Buffalo Law Review Associates will speak to first-year law students about the forthcoming Law Review Casenote Competition on Wednesday, March 12, 1986. The meeting will take place at 4:00 p.m. in Room 106, O'Brian. The Spring Casenote Competition will begin on March 27. A second competition will begin after final exams on May 16. Students can participate in either the Spring Break or the Post-Exam Competition. The March 12 meeting is the primary way to learn about the competition. Tim Jipping will explain the purposes of the Law Review. Sue Kreidler will explain the competition's rules. February Mary Ellen Gunnison will describe a casenote's form and Chris Doyle will describe a casenote's content. Helpful hints will be revealed by Steve Katz. Only first-year law students are eligiblefor this competition, and all of them are encouraged to attend this meeting. All should attend because selection for the Law Review is not determinant. Furthermore, no students are eligible for the Law Review unless they enter this competition. Those who cannot attend this meeting can learn about the Competition by getting a handout from theLaw Review office, Room 605, or call 636-2059. 26, 1986 The Opinion 15 �When the burden of law school gets too heavy ... JOIEPHION X HIUWEH can make it easier — with a bar review course that gets you through law school and through the bar. FIRST YJAR j(Z" REPRESENTATIVES £' M Liberman Russel Francis Lois |y Jr ;:.^CO:-Ij) YKAr. REPRESENTATIVES L Lawrence Basel 3reti David Brown m J';ii' . , m*^ , | ■ \ j Irene Fassler Garei irk Evelyn Cawronski Caro] Giarrizza Nancy Holtby Rose-Ann Landau Bonnie Meti Lc Pamela Uuebeck Elaine Pers P fa X* V Marcy Scher . IKB^te§^ ott: * L.|; i|WgU|JL||il|g3I '"-•■ » g :# HHHhPPI I ** 1# * Scan Murray ' \ ttitf Ci'l THIRD YEAR REPRESENTATIVES Stuart Adler Howard Bernian Joseph Callery Jeffrey Gibb *Tim McEvoy (coordinator) Fern Kerenstein jiS |. I : ' Sciumeca B^^thony % J Torres m^^^ i • j ' ■>% ■SS^^Bitel^J^^^^^^^^Hß^Mßßa*^.-.^' ENROLL NOW AND RECEIVE A FREE BOOK BAG* (It'll at least make your burden easier to carry.) Contact your campus rep for details. * Limited Offer: subject to quantities on hand. ©1985 JOSEPHSON/KLUWER LEGAL EDUCATIONAL CENTERS, INC. N.Y. SPRING DISCOUNT $150 16 The Opinion February 26, 1986 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/26/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e083b7f4702f3c8d66d1203f2bdc3bcb.pdf 1a9a74df4f22c50b99eb29eca6121c43 PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 11 March 12, 1986 Buffalo Law Review Votes Yes On Affirmative Action Proposal by Paul W. Kullman The Buffalo Law Review overwhelmingly adopted an affirmative action plan on Friday, February 21 at a 4 p.m. meeting held in O'Brian 109. A similar plan had been rejected last year. The plan, which required a simple majority of 32 votes to pass, allows for the submission of a personal statement and the creation of a special minority applicant pool in addition to the Election Referendum Passes by Peter Scribner The next four officers of the Student Bar Association will be chosen in a first ever spring election this April. An amendment to the SBA Constitution which moves the electionof the President,. Vice President, Secretary and Treasurer from the early fall to late spring was overwhelmingly approved in a student referendum March 3 traditional selection criteria of course grades and a written casenote. Forty-one members voted for the plan, which was one of three proposed, while seven voted against it. Fifteen others either abstained or failed to appear for the vote. Editor-in-chief Karen Hassett, who had spear-headed last year's effort, and John Martin, author of the accepted "Proposal B" plan, both expressed their satisfaction after the meeting. "Our policy ensures that there will be minority representation now," Hassett said. "This isn't a give-away program; it's a case of correcting something." Hassett pointed out that there are currently no minority stu- dents on the Law Review, and that records indicate there hasn't been a minority member in about 35 years. "We are looking to make the system fair to people who the system hasn't been fair to," Martin said. "I imagine some people will be upset, but I don't think there will be any dissension within the Law Review, and if there is dissension outside it, well, that's too bad." Under the new plan, course grades and the written case- note will still be weighted "50-50," according to Hassett and Martin. But now, Hassett said, after the initial selection of the top 10 percent of all applicants, "We're going to see if the percent age of minorities who made it is representative of those who tried out or representative of the law school at large." If it isn't, according to Hassett and Martin, the special applicant pool will then be used. To be eligible for the pool, an applicant must submit a personal statement. Currently, the plan does not specifically outline the length or content of such a statement. While Hassett and Martin said anyone can submit.a statement in an effort to opt intothe special applicant and 4. 187 students voted in 22 opposed it. According to current SBA election. Debates between the candidates are scheduled to take place on Tuesday, March 25, with perhaps a second debate between the candidates for President and Vice President to follow two days later. The elections will be held on the Wednesday and Thursday of the week following the spring break. The SBA is considering other changes to its constitution, including an amendment which would specify how to amend the document. Any changes proposed this spring will be presented to the student body for ratification at the April election. Although third year students will not be eligible to vote for next year's officers, they will be able to vote on the constitutional changes. "racial minorities and economically disadvantaged or otherwise handicapped students." According to the plan, a Per- sonal Statement Committee composed of three Law Review members and two faculty mem- bers will then screen the personal statements to determine which applicants are eligible for the pool. Such personal statements are to be anonymous and there is no limit on the number of applicants who may be admitted into the pool. Peter Scribner Members of the Student Bar Association were saddened, shocked and outraged at reports made at the March 5 meeting of allegations of widespread cheating during a final examination last fall and of the lack of explanations by the law school administration as to what is being done about it. In response, the SBA has requested that the administration meet with all the affected students and discuss the situation. SBA President Lori Cohen also announced an open forum scheduled for March 18, where students can express ideas about proper policies, standards and procedures for cases of academic dishonesty. It was quickly obvious from the reports delivered to theSBA that solid facts about the incident are painfully few and rumors about what has and will happen have been flyingabout, unsubstantiated and unchecked, for over a month. The incident involves the final exam given by Professor Marcus in Family Law last semester. The exam was a seven hour "floater," which means that students could pick up the exam on any convenient day during the two week final exam period, and return it seven hours later. 152 students were enrolled in the class. Apparently, when Marcus had completed marking about two thirds of the exams, a student reported to herthat several students who had taken the test by this year's spring elections will be held on April 9 and 10. The new officers will assume office at the last SBA meeting of the semesCohen, ter. Any first or second year student may seek to become a candidate for these positions. Potential candidates may pick up petition forms from the SBA as of March 12. A candidate must have the petition signed by 10% of the first and second year student body. Petitions are due Friday, March 21. In addition, candidates need to submit personal statements to The Opinion by March 17 in order .for them to be published before the for Three of the five committee members must vote favorably upon an application in order for it to enter the pool. Persons will then be selected from the pool according to a percentage equivalent to the number of minority students who entered the competition or who comprise the law school body. The proposal gives this example: "If those eligible for the pool represent 10 percent of their class at large but only represent 5 percent of the students in the Review competition, offers would be based on continued on pn^e 15 SBA WorriedAbout Rumored Scandal favor of the change, while only President Lori Photo by Paul Hammond pool, the language in the plan indicates the pool is designed Professor Marcus ponders exam problem. Photo by Paul Hammond Honor Code an Issue In Wake ofCheating by Dana Young The law school grapevine has yielded rumors of widespread cheating on a Family Law exam given last semester by Professor Isabel Marcus. The exam was given as a floater to a class of approximately 150 students. That is, it could be picked up and taken during any day, M-F, of the two-week exam period. News Analysis It is rumored that several stu- dents complained to Marcus that people' knew what the exam questions were before they ever picked up the exam. There is also the possibility that students may have collaborated on the exam. Both Professor Marcus and Dean Schlegel have refused to comment on the situation at this time. However, Professor Marcus has posted a notice on the grade board in front of Admissions and Records. The notice does not say much other than that exams have been graded and "the allegations of honor code violations in taking the exam have been turned over to the Administration" (specifically. Dean Schlegel). Dean Schlegel has all exams in his possession at this time. Grades are to be withheld until "the adminstration has reviewed the matter." Thus far, no disciplinary action has been taken, though — some students fear the worst large scale fingerpointing and accusations of honor code violations. One rumor has it that the exam will be regiven. Another student felt that not much would come of the situation except a lot of D's and F's. All of this speculation leads to the conclusion that no one knows whatisgoing to happen. Whatever happens, some important questions regarding "floater" exams and the Honor Code, in general, have been raised. In a class of 160 students continual on page 2 early ijn the exam period had passed the questions on to others who picked it up later on. Those students, therefore, had extra time to consider their answers to the/essay questions. The exam was reportedly only two paragraphs long. Rumors that there was an honesty problem with the exam appear to have started when Marcus remarked to a class she is teaching this semester about how some students may have cheated on her last test. Marcus herself was reportedly upset at the allegations, and eventually turned theproblem over to Acting Dean John Schlegel. It was also reported that all of the exams have now been marked, and the grades are being withheld for an undetermined period of time until the situation clarifies. Dean Schlegel and Acting Assistant Dean for Stu- dent Affairs Steve Wickmark apparently conducted have ... continued on page 2 Inside SBA News Alumni Convention Rick James Faculty Candidates 2 .... 3 4 . 4 Apartheid Conf. . . 6 Boy Mechanic ... 9 Student Groups ... 14 .. .and much, much morel �Longmire Benefit Planned; Clubs GetFunds From SBA by Peter Scribner Student Bar Association President Lori Cohen announced at the March 5 meeting that SBA will sponsor a fundraising party for Ronald Longmire at CPG's on Thursday, March 20. Longmire is the former UB student recently acquitted of murder and manslaughter charges following a 1985 knifing incident at Governor Complex. The fundraiser will start at 9:00 p.m. There will be a two dollar cover charge, which will pay for thefirst drink. Other drink specials will be provided throughout the night, according to organizers. CPG's is located on Main St. near Trico. The SBA has not allocated any funds for the event. In other SBA news, a new student organization which plans to set up volunteer law student tutoring has been chartered and funded. Jane Smith, organizer of the new group called the Peer Tutorial Project, said they plan to offer help primarily to first year students. The group wants to recruit tutors this spring so that the service may be offered at the start of next semester. SBA authorized $120 in funding to cover copying and postage costs this semester. The Public Interest Law Center received extra funding from SBA to cover possible printing costs of their law journal "In The Public Interest." The current budget authorized $2300f0r printing. Mary Hurley, editor of the magazine, said that the printer is estimating pub- lishing costs of $2700 to $2800 due to some "costly errors" made last year. She hoped that these unspecified errors will not be repeated this year and that the actual printing bill will be lower than estimated. But just to be on the safe side, she asked arttKreceived $500 to cover potential printing costs. As is the case with other SBA allocations, any money not spent as authorized will be returned to thegeneral fund at the end of the year. SBA had approved $75 earlier for two representatives of the Public Interest Law Program to attend a conference on fund- raising at Harvard on March 1 and 2. The organization plans to hold a fundraising workshop for other student groups when they return. Lisa Roy Barron made the request. At an earlier meeting on February 19, the Association of Women Law Students received $75 to help pay for the cost of attending a conference in Chicago on the weekend of March 20. An estimated 20 to 25 members plan to attend the event, which is being sponsored by the National Conference of Women in the Law. Following these allocations, the SBA still has $830 in unallocated funds, with only 10 weeks remaining in the budget year, acccording to Treasurer Jerry O'Connor. The SBA has also saved a considerable amount of money this year on social events. Due to the new drinking age, area bars are willing to offer very favorable deals on law school parties, most of which have not cost the SBA a penny. The Rules Committee has completed work on several proposed changes to the SBA constitution. SBA members requested that they be given copies of the proposals in advance of their meetings, so that they may consider them more carefully. Action on the proposals was tabled at both the Feb. 26 and March 9 meetings. Any changes will be presented to the1* Student body for approval at the April elections. Since theproposals must be approved by the SBA Board by March 19 in order to be printed in the last edition of The O^iu ion appearing before the April election, action will have to be taken at either regular or special SBA meetings by then. Howie Spierer, Director of the Law Revue, announced that the school has use of the Tralfamadore Cafe for the entire day of March 23. The Revue will start at 4:00 p.m., and students may hang around after it is over. A large number of skits and musical acts have volunteered to perform. A meeting with University Provost Greiner scheduled for March 6 has been postponed until March 17. Law Student leaders wish to meet with him to discuss several matters of student interest. This latest postponement is only the most recent of several delays. The SBA will write him a letter of complaint, with a copy to be sent to local newspapers. A letter from Peter Commerford of the Phi Delta Phi legal fraternity was read at the February 19 meeting. Mr. Commerford expressed interest in reviving at UB an organization called "Danials Inn." He will be invited to address the SBA. Jack Luzier of the Environmental Law Society made a Bylaw 13 progress report of his group at the March 5 meeting. So far this year, the organization has sponsored three movies on environmental subjects, held an environmental law careers seminar, produced an evaluation of the positions of Buffalo mayorial candidates on environmental issues last fall, and sponsored a cross country ski trip. For the rest of the semester, they hope to engage in pro bono legal research, sponsor more field trips and speakers, and set up a bulletin board in the mail room. The group has 15 a&jve members and 25 "passive*' members, according to Luzier. Talks Will Address AcidRain And Other GreatLakes Issues Dr. John E. Carroll, Professor of Environmental Conservation at the University of New Hampshire, and Kellogg Foundation National Fellow will make two presentations on Acid Rain and Great Lakes Issues on Wednesday, March 19. Both presentations will be held in the Law School Faculty Lounge, Room 545,0'Brian Hall. Dr. Carroll will speak on Acid Rain at 10:00 A.M. and on Great Lakes Issues at 4:00 P.M. Dr. Carroll is a leading scholar on United States and Canadian transboundary environmental issues. Among his published books are: Environmental Diplomacy: An Examination and a Prospective ofCanadian-United States Transboundary Environmental Relations (University of Michigan Press) 1983; Acid Rain: An Issue in CanadianAmerican Relations (Howe Research Institute, Toronto) 1982; Canadian-American Relations: The Promise and the Challenge withKenneth M. Curtis (former 2 U.S. Ambassador to Canada and Governor of Maine), (D.C. Heath & Co., Boston) (Forward by Cyrus Vance), 1983. Dr. Carroll has extensive experience on both sides of Cana- dian-American border. He was Senior Project Director at the CD. Howe Research Institute in Montreal where he directed a major project in United StatesCanadian Environmental Relations, which resulted in the publication of a comprehensive study of all major bilateral environmental problems between the U.S. and Canada. He was also a Project Director for the National Planning Association and Canadian-American Committee, Washington, D.C. where he directed a study in the Role of Acid Rain in United StatesCanada Relations. Dr. Carroll has consulted with numerous organizations including: the International Joint Commission (on Canadian-U.S. environmental matters); Environment Canada (on future Ca- Th* Opinion March 12, 1986 nadian-U.S. water problems); New Hampshire Attorney General (on New Hampshire/ Quebec hydroelectricity matOntario Hydro (on achieving resolution of the acid rainelectricity export controversy); EXXON Corporation (on a global acid rain model); and the ters); Brookhaven National Laboratory (on U.S.-Canada energy interrelationships and their environmental implications). Dr. Carroll's experience and depth of scholarship promise an informative and stimulating discussion on Acid Rain, Great Lakes Issues and U.S.-Canadian relations. All are welcome. Or. Carroll's presentations are sponsored by the SUN V Buffalo Great Lakes Program, and the Law School Project on Canadian-American Legal issues. It is being supported by the Sea Grant Law Program and the Environmental Law Society. Anyone with questions should contact the Great Lakes Program, 636-2088. SBA Discusses Cheating. some preliminary investiga- considering tions and are now what action to take. It was reported that the ad- ministration plans to require students who took the exam to sign some sort of honesty af- fadavit. The reports to the SBA were unclear as to what the content of the affadavit would be, what the penalty would be if a student did not sign it, and how the administration could determine if a student had falsely signed it. Due to this lack of information and the possibilities that students may be forced to incriminate themselves, or possibly even be forced to incriminate others, many SBA members spoke of outrage at what they considered a "witch hunt." Jerry O'Connor moved that the SBA officially recommend that no student sign any affadavit. O'Connor tabled his motion, however, as President Cohen announced plans to write a letter to Schlegel expressing stu- dent concerns over the investigation. The letter, which was being prepared as The Opinion wa going to press, apparently will outline student fear and outrage over the lack of information school officials have provided to those students who took the exam. The 152 students involved have heard nothing officially since the reports of the problem test first started circulating over a month ago. Those students have only rumors to go on as to what is happening, and even the most honest student has been living with guilt by association and fear of ramifications of an official outcome. Third year students are especially concerned. With the grades withheld, reports that several students received D's and F's cannot be confirmed. Furthermore, a student convicted ofacademic dishonesty may be prevented by the school from taking the Bar Examination on the grounds of moral turpitude. The SBA letter to the administration also will express concerns that no guidelines defining acts which constitute cheating exist in the student honor code. Hypothetical borderline cases of "cheating" can easily be imagined, especially in a school full of lawyers and Cheating Analysis such as the Family Law course, it is reasonable to expect the na- ture of the exam to remain secret over a two week period? Stu- dents that finish the exam may be prone to discuss it in public, perhaps within earshot of others who haven't taken the exam yet. Another question is whether • continued from page would be lawyers. And in the current controversy, these borderline cases may not merely be hypothetical. Furthermore, the letter will also address what appears to be a lack of formal procedures, procedural standards, and procedural safeguards in dealing with these allegations. The reports received by the SBA present the appearance of an administration uncertain as to how to investigate charges that affect so many students. Unconfirmed reports and rumors suggest that as many as 20 to 40 students may be involved. It would appear that proof of any cheating can only come from admissions and accusations by students themselves. It was reported that all the direct informations received by administrators as of this point has come from confidential statements which will not be used to formally charge anyone with academic dishonesty. In other words, any formal investigation will have to start from scratch. Cohen announced that a forum on academic honesty would be held March 18 in order to provide students with an opportunity to express their ideas about what should constitute cheating. The forum will not involve any of the specific allegations of the current controversy, but rather will involve student suggestions for general academic honesty policies and procedures. The SBA letter will urge that the school take no formal steps to investigate this incident until all thestudents who were in the affected class have an opportunity to meet with Schlegel and Marcus to discuss what is going on. It was thought that student fears of the unknown could be settled at such a meeting, and that students would more likely cooperate with an investigation formulated with their advice. Finally, the SBA letter will voice student concerns that the whole investigation of this incident appears to have dragged on much too long, with little to showfor it. Students, especially third year students planning to graduate in less than three months, deserve more expeditious treatment. continued from page I our honor system is working effectively. Perhaps the Honor Code needs to be clarified and more thoroughly impressed upon students at exam time. These are important issues and should be addressed in the wake of the cheating which may or may not have occurred. TO: ALL FIRST AND SECOND-YEAR STUDENTS FROM: JOHN HENRY SCHLEGEL Applications for teaching assistantships in the Research and Writing Program are now being accepted. If you are interested in applying, please submit a personal statement, resume, transcript and writing sample to the Placement Office, 309 O'Brian Hall, on or before March 28. I According to current plans, we plan to organize the Research and Writing Program in the fall in the usual fashion. About 16 TA's will teach a section of 15-17 students, in coordination with a Civil Procedure section. Although there is a possibility that some teaching assistants may be hired at a later time to teach in the Spring semester, the initial selection is for the Fall semester of 1986 only. The teaching assistantships provide a stipend of $2,400 and a full-tuition waiver for the Fall semester. For more information see notices posted in various places in the law school or seeCleo in the Dean's office. �Tenth Annual Alumni Convocation Addresses Elderly Issues , Honors Thomas Headrick by Idelle Abrams The Law Alumni Association received an overwhelming response to its tenth annual convocation, held Saturday, March Ist. Over 300 people filled the Moot Court Room to hear the panel discuss "Counseling the Elderly: Considerations Outside theWill." The presentation of the Edwin F. Jaeckle Award to former Dean Thomas E. Headrick was made at the luncheon following the convocation. The annual convocation is an expression of the Law Alumni Association's commitment to continuing legal education. The goal of the program is to provide information and skills that participants can make use of immediately. The need for information on counseling the el- tablisheda reputation of having programs that are practically oriented." This convocation certainly lived up to this description. Erie County Attorney Eugene F. Pigott, Jr. led off the meeting with a brief summary of the major considerations in the "Availability of Medicaid: What Assets Can Be Protected and How." After providing some basic details on the benefits available, the eligibility requirements, and the application process, Pigott focused on two special areas spousal support and the transferof assets. Many problems arise such as when one spouse is institutionalized and the other is in the community. The spouse in the community worried — Leslie Greenbaum, UB President Steven Sample, and Robert Keller. Photo by Paul Hammond derly was demonstrated by the response to the program, noted Robert W. Keller, chairman of the convocation. Modern medical technology, while often prolonging life, often does so at great expense. The concern is often that medical care at theend of a person's life will deplete the estate and deny the surviving spouse of a means of support or deprive the children of an inheritance. Attorneys need to become aware of the options available in order to properly advise their clients and lead them through the complex legal and economic maze of managing their resources. The Law Alumni Association, in the words of its president about protecting assets needed for his or her own support can refuse to contribute to the support of the institutionalized spouse, said Pigott. The Department of Social Services (DSS) will bring an action and the case will go to family court, like any other support action. There the court will make a determination of how much the non-institutionalized spouse is going to have to pay. Pigott quoted one Family Court judge who advises individuals, "You better go get a lawyer because I'm going into your pockets." When the institutionalized spouse is the former breadwinner with substantial social security and/or pension benefits. Headrick proudly accepts Jaeckle Award. Photo by Paul Hammond non-institutionalized spouse will have to sue for support in Family Court. This is often a very uncomfortable situation for the family. However, Pigott urged attorneys to advise their clients that it is the "simply placing the dilemma before the court" so that it can make a determination of how much goes to whom. The transfer of assets was a topic that generated much interest. The timing of transfers is a critical question. The "Twenty-four Month Rule" provides that any transfer of nonexempt resources within two years of an application for medical assistance will be considered in determining eligibility. Anything transferred before that time will be exempt from review. Elizabeth G. Clark of Hodgson, Russ, Andrews, Woods and Goodyear, pointed out that because of this rule, "pre-planning is critical." Often the biggest problem, she said, is that the client won't come to the attorney in time to avoid the twenty-four month period of accountability. Clark added that "you should assume the two year rule applies to everything" including exempt property. Even though exempt assets don't apply to eligibility for medical assistance, they will be looked at by the county when considering recovery for expenses from the estate, she added. continued on pane 14 N.Y. Chapter of Matrimonial Lawyers Elects Faculty Member Birzon President Paul Ivan Birzon, a practicing attorney and a part time member of the UB law school faculty since 1963, who currently teaches a section of Evidence, has been elected President of the New York State Chapter of the American of Matrimonial Academy Lawyers. It is the first time in the New York State Chapter's twentyfour year history that an attorney practicing outside the New York City Metropolitan area has been elected to the office of president. The American Academy of Matrimonial Lawyers was founded in 1962. Membership is limited to attorneys whose practice is substantially devoted to matrimonial law, and who are able to pass an entrance examination and meet other criteria required by its national and state charters. The New York State Chapter has 207 members, of whom seven have Prof. Paul Birzon. ~v Photo by Tom Gfctnn become members of the judiciary. There are 1,136 members of the Academy distributed over 43 states and the District of Columbia. Its charter commits its members "to encourage the study, improve the practice, elevate the standards The attorney plays a crucial role in advising the older client of such strategies and ensuring thatall steps taken are indisputarea attorneys told an overflow able within the stipulations of crowd in the Moot Courtroom Medicaid law. Proper counseling can also reduce the chances Saturday, March 1, 1986. that one spouse must liquidate "Counseling the Elderly: Conall assets to meet the health Will" the siderations Outside was the topic of discussion at care needs of another; a situathe Tenth Annual Convocation tion which, sadly, occurs with co-sponsored by the UB Law some regularity. School and the Law Alumni AsAnother issue of increasing sociation. The "graying of importance, the right to dieand the use ofthe "Living Will," was America," seen as having an immense impact on the legal presented by Kenneth F. Joyce. A hotly debated issue in terms profession, was the basis for discussion and debate of issues of ethical considerations, one such as Medicaid eligibility, need only visit a nursing home conservatorship and the use of or cancer treatment ward to see the living will. the benefits such legislation The panel was composed of would bring. Eugene F. Pigott, Jr., Erie Joyce's discussion of the County Attorney, Elizabeth G. some 36 states which recognize Clark (Hodgson, Russ, Ansuch documents provided a drews, Woods and Goodyear), good deal of insight into the isGregory Stamm (Stamm and sues which surround the use of Murray), Thomas P. Cleary Living Wills and do-not-r esusci(Walsh and Cleary) and Kentate orders. Broken down into neth F. Joyce, UB Law Profescategories of the "Competent sor. Patient," the "Previously ComThe presentations on a petent but Now Incompetent number of topics affecting the Patient" and the "Patient Who by Patricia J. Weeks, M.S.W Planning for the protection of assets of older clients is essential, a panel of distinguished Leslie M. Greenbaum, "has es- and advance the cause of matrimonial law, to the end that the welfare of the family and society be preserved." Birzon is a member of Ange, Birzon, Gordon, Rosa & Zakia, P.C., a Buffalo based law firm. Heis a Graduateof City College of NewYork and Columbia Law he School from which graduated as a Harlan Fiske Stone Scholar. He has lectured and published nationally in the field of matrimonial law. He is theauthor of "Evidentiary Problems for the Matrimonial Lawyer," a series of articles published in theFamily Law Review, a New York State Bar Association publication. Birzon is listed in the 'Best Lawyers in America'and in 1985 he was the only attorney in Buffalo selected by Town and Country Magazine as one of eighty-eight Best Lawyers in America, based on a national survey of matrimonial law practitioners. elderly brought to light the enormous role an attorney plays in protecting the assets of the older client. The issues of Medicaid eligibility, presented by Pigott and Clark, stressed the importance of planning ahead to protect life savings and cherished assets to avoid impoverishment following a period of catastrophic illness. Both attorneys offered useful and practical methods of transferring assets withoutviolating the strict guidelines set forth regarding limitations on resources. Many elderly persons spend a lifetime saving for a comfortable retirement and hoping to provide an inheritance for their children. Quite often, however, illness strikes and they watch their savings dwindle away to meet astronomical medical bills. Even more devastating is when one spouse becomes infirm, while the healthy spouse is left with very little to live on. Only recently has the focus been on planning ahead to avoid such impoverishment. The "Twenty-four month rule" for Medicaid eligibility, makes such planning more critical. Stating that "The uncompen- sated value of any non-exempt resource transferred within 24 months prior to the date of application shall be considered in determining initial or continuing eligibility for the applicant or recipient," the twenty-four month rule removes any possibility of protecting assets once illness occurs. The only way to circumvent this restriction is to begin to transfer assets early and to document the reasons for transfer so that they may stand up to the scrutiny of the Department ofSocial Services. Has Always Been Incompe- presentation the tent," examined the decisional law surrounding the termination of life-sustaining procedures. Joyce's clarification of situations which allow for the termination oflife support was useful for those wrestling with ethical and legal implications of such actions. In his recommenda- tions for the use of advance medical directives, Joyce urged specificity, proper witnessing and frequent review in order to avoid question as to the document's authenticity. Often, medical personnel are at odds in dealing with such requests. By assuring proper advance documentation of thepatient's wishes, such confusion can be avoided. The information presented at the seminar will be useful for attorneys and health care professionals alike. The complexities of third party payments, Medicaid eligibility and the protection of assets are often far and above the understanding of many clients. By expanding one's knowledge of such programs, an attorney can help the older client to use the resources available to them to their benefit. Cleary summarized the focus of this seminar by stating, "One message must come through loud and clear to you, that is, it is very important to get out to your client as the years come upon them and to get to their families so that planning may become the true answer to the of assets. preservation Lawyers, quite frankly, must make a bold move. 'Don't wait!' is my recommendation; go out to your clients and insist upon them making some plans." A Correction In previous issues we have misspelled Dean Candidate Louise Trubek's name. The proper spelling is Trubek, not Trubeck. Mtech-fetWP' TtW.«W*>n 3 �Faculty Candidate Offers A Package Deal by Idelle Abrams On Friday afternoon, February 21st, faculty candidate David M. Trubek fielded ques- tive jobs that "have simplified life," offering a lighter teaching load and the availability of support staff. Underlying these tions from students that covered the various interests of his legal career including law in third world countries, civil litigation, empirical research on the administration of the legal system, and a discussion of the legal realist poistion and the school of critical legal studies. Trubek, currently the VossBascom Professor of Law and the Director of the Institute for Legal Studies at the University of Wisconsin Law School, was applying for a faculty postion, because his wife, Louise Trubek, may be a final candi- practical advantages, however, Trubek expressed a strong commitment to the dual responsibilities of a professor to date in the search for a new dean for this law school, said Trubek. He wanted UB to have a chance to interview him so that "if they want (Louise) for the deanship, they can also simultaneously offer me a job." When asked what would happen if the university offered one Trubek a job and not the other, he candidly responded, "We're a package. We stay together." Trubek, a prolific writer, received his LL.B. from Yale Law School in 1961 and was Note and Comment Editor of the Yale Law Journal. He credits his productivity to the fact that he has held a number of administra- both write and teach. "In the long run, the answer is that writing and teaching are mutually supportive. I think people who think changing the students, because all [the students] are getting is stuff you can buy in the bookstore." This is not to say, added Trubek, that there aren't ten- sions in the short run, practically speaking. The problem generally is to find therelatively sustained periods of time required for writing. Institutions should recognize these tensions, said Trubek. Currently, Trubek's research and teaching interest is to integrate empirical research done on civil litigation, as it is actually happening in the system, with teaching civil procedure. "I wanted to build into [teaching civil procedure] a lot of issues that are also salient issues in empirical research." These issues include the role of judges, the economics of bargaining, the role of alternative kinds of legal techniques to use when a suit involves a long-term, continuing relationship. said Empirical research, Trubek, is a relatively new thing outside the criminal justice area. He has, however, "devoted about half [his] energies over (hisjeareerto empirical re- search." This research has explored the administrative end of the legal system, explaining what is happening and what the problems are in this area. homily candidate David Trubek. Photo by Paul Hammond legal arrangements in the busi- ness and financial worlds were affected by changes in the attitudes of lawyers, and how it all related to the project of political democracy. He found a basic tension existing between programs to make law more instrumental as a technique for economic change and the idea of using law as a protector of human rights. Out of this experience developed one of the first big problems connecting law with social science research, which Trubek directed.At the time anthropologists were the only people in academia who knew When asked what would happen if the University offered one Trubek a joband not the other, he candidlyresponded, "We're a package deal. We stay together ." Previous research interestsof Trubek's include the exploration of the relationship of law and social change in third world countries. Most of his work in this area was done in Brazil, where he lived from 1964 to 1966. He was in Brazil as the internal lawyer for the United States Agency for International Development Mission to Brazil. Trubek became intrigued by economic change and how the anything about law in third world countries, said Trubek. anand lawyers The thropologists developed an ongoing dialogue and ended up talking a lot about the legal system in the United States. "A lot of thinking about alternative dispute processing came out of that program," said Trubek. Trubek has maintained his ties with Brazil. This past summer he spent a month there relationship between changing teaching "New Developments in Socio-Legal Studies in the United States." Describing the legal realist position, which he called "one of the major jurisprudential developments of the twentieth century," Trubek said, "there is frequently no authoritative legal answer that determines and conclusively closes an inquiry as to how a case should come out." There is no definitive set of rules, he said, that will necessarily come into play in complex cases. Trubek believes this position "to be a reasonably accurate objective statement about the situation in most complex areas of law." Facts are constructed, to some degree, with an eye to a purpose and rules are multiple. For any given situation "authoritative sources speak with a forked tongue," said Trubek. When asked about his membership in the Conference Critical Legal Studies, Trubek responded that what he gets out of it is the "realistic recognition that law is something we do every day. It is humanly constructed, humanly preserved and maintained" It is undesirable to give it a false sacred quality, he said. "It's a daily construction of social reality, meaning and power that we all share in. People who get involved in it have to be aware of their values." S. Clara Gets Dean Harvard Grad Seeks Position by Jeff H. Stern The University of Santa Clara School of Law appointed a new dean January 23rd, after a yearlong search which saw the school's dean search commitcandidates from across the nation. The story was reported in the February edition of The Advocate, the law school's monthly stutee interview 91 dent newspaper. Gerald F. Uelman, formerly an associate dean of Loyola Law School in Los Angeles, will assume the deanship of Santa Clara Law School in July, 1986. Uelmen replaces George Alexander, who officially resigned last August after 15 years as dean. Alexander was one of the four candidates who interviewed for the position of dean here last spring. None of the four were invited to return for second interviews. Uelman, 45, has taught courses in Evidence, Criminal Law, Civil Procedure and Lawyering Skills at Loyola for the past 16 years. He was the Assistant United States Attorney for the Central District of California from 1966-1970, in which capacity he was involved in the prosecution of organized crime defendants. He is also a frequent contributor to numlegal erous periodicals, mostly in the areas of criminal law, drug abuse and legal history. Uelmen, who received his J.D. and LL.M. from Georgetown Law School, has a reputation for raising law school admission standards, reducing enrollment and toughening grades, the Advocate article said. Atkn ncSUMt SPECIAL! MuMTIT om^ FOR STUDENTS HrtiESe) & FACULTY With this ad.. PACKAGE OF 50! Includes 1 pg. resumes 11, •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes (B'/zx igr NOW black ink) §gE9§ CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE — SAVE $5.00 NOW Expires 4/30/86 Save this coupon. Serving North & South CampuMSl 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda, N.Y 14150 Buffalo. NY 14214 834-7046 4 The Opinion March 12. 1986 835-0100 by Amy Sullivan John J. Donohue, a faculty candidate recently spoke to the UB Law School students on his hopes of continuing probono wofk if he should become a member of the faculty. "I have done much pro-bono work, and there are still a number of things I am interested in pursuing," he said. Donohue, a graduate from Harvard Law School, is presently a fellow of the Yale Law School in the civil liability program. He teaches a seminar on the economics of race and sex discrimination. Donohue has also been involved in handling many death penalty cases. He believes "the death penalty doesn't deter crime, and the justification of satisfying the need for vengeance doesn't outweigh the dehumanizing aspects." Donohue has done much work in this area including producing many publications, giving addresses and doing pro-bono work. As far as teaching goes, Donohue believes that he would have much to offer students. "As a teacher getting up in front of a class several days a week, I'd feel awful if I didn't do a good job. Being someone who has ran for public office, I've spent a lot of time trying to at least sound interesting." He added that "law school is not the gold.mine it once was. The bottom line is putting out a good product; a good interesting student is what counts." Protecting Property, Using Talent; Goals of Entertainment Lawyer by Paul W. Kullman Protecting your client's intellectual property rights while simultaneously helping your client exploit his "creative juices" are the two major functions of an entertainment lawyer, according to Buffalo attorney Irving Shuman. Shuman, along with client and recording artist Rick James, told a group of about 75 students that "integrity" is also an important concept to remember when practicing in the entertainment lawfield. "That's the key word in the whole thing," James said. "It's what keeps me with Irv." The two provided their insights into this growing area of law during a discussion sponsored by the Entertainment Law Society at 7 p.m. on Wednesday, March 5 in O'Brian 109. Shuman was slated as the lone speaker, but James made a surprise appearance, much to the students' delight. Shuman said during the limited time most entertainers are in production, "They will generate a lot of incomeand you have to help them hold onto it so that Rivorilliix wiisi Rhl. James mid Attorney Inliifi Shiiniiin. they can be secure in the fu- ture." An attorney also has to help his client "shop around," according to Shuman, "because every year or month they give up when they sign a deal, they're giving up a big opportunity somewhere else." He said when someone tries to tie an entertainer up for a period of time, "You try to make the length of the deal contingent upon the artist's success." While Shuman had no prior Pfmto by Paul Htmmond experience in the entertainment law area before hooking up with James in 1978, James said Shuman "commenced" to learn the law. "And in a year's time, he pulled me out of a million dollars in debt to a million dollars on the books." Shuman, who met James through one of his clients, said when an attorney is dealing with artistic people, "You have to be especially sensitive to your client's needs and you continued on ptige 15 �Leary Leaving To Accept Human Rights Chair by Melinda Schneider Dr. Virginia Leary is taking leave to accept a one year chair at the University of Saskatchewan, Saskatoon, Canada for 1986-87. The Ariel Sallows Chair in Human Rights in an endowed chair, of which the primary focus is to provide an opportunity for the holder to undertake research in human rights. In addition to doing research and writing in her field. Dr. Leary will be offering a seminar on human rights and giving a public lecture at Saskatchewan. The invitation is an honor, but more importantly for Dr. Leary it will enable her to concentrate on her particular field of interest. Most teachers have responsibilities in addition to their classes, which in her case includes working on the Appointments Committeeand the Dean Seach Committee. The chair in Saskatchewan will allow her the time to continue doing research shehasalready begun in two aspects of human rights: economic and social rights as human rights, and the development of a program implementing human rights in Asia. Dr. Leary has already traveled to, and written on SriLanka and the Phillipines. She is interested in how Asians perceive human rights, and in the institutions which they are developing in that area. She is particularly interested in the question of labor under the economic and social' rights aspect of her research. Dr. Leary has also long been interested in Canada and will now have a chance to live there for a time. She is currently teaching a seminar on dispute settlement in U.S./Canadian disputes and has worked on a campus-wide committee on Cana- continue for Dr. Leary a direction she began to take many years ago. She grew up in Utah, went to the University of Utah as an undergraduate, then studied law at the University of Chicago. After law school she worked for Sidley and Austin for three years, a firm which is now one of the ten largest in the U.S. But she was always extremely interested in international questions and there were no international courses at that time. So she quit practicing law in pursuit of international in- dianstudies. Another benefitto her at the University of Saskatchewan is that they have a Native Law Center which deals in Indian and Eskimo studies. The temporary move will terests. She started working for a private organization that did intercultural and community work, Prof. Virginia Leary. Photo by Paul Hammond traveled all over the world for them and eventually ended up working in Geneva, Switzerland. She decided to combine lawand her international career and returned to school for a doctorate in international law in Geneva. She did course work for her doctorate and then worked for the International Labor Organization, a specialized agency of the United Nations. She decided to teach international taw in the United States and got an opportunity to come to Buffalo in 1976through previous international law professor Thomas Burgenthal. Dr. Leary's special interest has always been in human rights and in developing countries. She has lately been concerned with dispute settlement and is active with many human rights organizations. She stressed, however, thatthis opportunity is clearly a one year enterprise and she will definitely be returning at the end of the year. The law school is currently trying to find someone to teachthe international courses whileshe is away. Corporate Flight TopicFor Labor Conference by Craig Atlas On Saturday, April 12, an allday labor conference will be held in the Moot CourtRoom in O'Brian Hall. The conference will focus on the problem of the flight of jobs and industry from the U.S. to abroad, focusing attention on the movement of jobs from the Northeast to the Texas-Mexico border. This problem is of particular interest to Western New York because of the recent decision of Trico Products Corporation to relocate most of its operations to Texas and its labor intersive assembly to Mexico. The conference will discuss the Maquiladora program, which makes it attractive for firms to locate along the Texas-Mexico border. U.S. tariff policy encourages the development of U.S.-owned plants in Mexico. These plants import raw mate- Seton Hall Grad Speaks atLuncheon by Amy Sullivan Thomas Hartnett, the Director of the Governor's office of Employee Relations, believes that the number of times he uses his formal education obtained at law school is quite small. Harriett discussed his role as director at a lecture presented by The JaeckleCenter For State and Local Government Distinguished Speaker Series. He is a graduate of Seton Law School, and has held the position of Director since 1983. Prior to that he has been with both the union side and the management side of New York Telephone. Hartnett explained that the NewYork State office is the Bth or 9th largest employer in the country. There are about 190,000 employees, 8 unions and 10 different bargaining units. These units have common areas of interest in terms of issues and in terms of types of work performed by the individual companies. Some very large units, such as the Civil Service Employee Association have over 100,000 employees." "My office negotiates with those 8 unions, and very few employees are outside these unions," said Hartnett, adding, "The only people outside these unions are management, the confidential folks in the state government." Hartnett explained, "Looking at a typical company, their managerial to unionized employee ratio is significantly different than ours, we have basically 15,000 out of 190,000 who are not in unions. We periodically go put in legislation to try and get the managerial class expanded, without much success. We obviously have some fairly strong law lined up opposing that legislation." Hartnett's office determines on a unilateral basis what the rights of management will be and then he will negotiate with these unions. Hartnett himself has been with both the management and the union side of N.Y. Telephone. He started as an hourly craft workerfor N.Y. Telephone Co., as well as being a local steward. He then became a local president of Local 1101 for the CommunicationWorkers of America for six years. After a major strike he moved to the management side arguing against his former colleagues on the union side. Hartnett noted that, "There are enormous opportunities on the union side, as well as the management side in this area." A union background, if you want to go on to arbitration, mediation, anything in the neutral area is a great credential to have, it also gives you the ability to approach issues by putting you in the other guy's shoes." rials and parts into Mexico duty-free, assemble them into finished products using cheap labor, and then export the goods back to the U.S. dutyfree. The conference is being cosponsored by a variety of law school and community organizations, including the National Lawyers Guild, the Buffalo Labor Relations Society, and theCornell University School of Industrial and Labor Relations extension service. Funding from the MitchellLecture Committee of the law school is cur- rently being sought. A little bit A little bit In addition to explaining how the Maquiladora program works Mexican governmental officialsand U.S. economics experts are being invited to give their perspectives. A spokesperson for the New York State government is also expected to discuss the impact on New York's industry and workers. The conference will also include a discussion of the human impact of the Maquiladora program by describing Mexican laborrelations and social conditions, particularly this type of development's adverse impact on women. Finally, rep- moved to Texas and to Mexico, without much success, and has since moved back to Detroit. This conference should be a major event. There will be no admission charge. All are invited to attend. We expect the conference will be of interest to many members of the community as well as to students and faculty of the law school. Anyone who would like to help should contact Paul Wessel, box 266, Kate Barth, box 11 or Lionel Rigler, box 740. of this . . . of that ... The Central Park Grill "A real bar and grill" °k>S*f od^ -vPv"* __ I JAM With this ad get one single order of wings free when you purchase one single order of wings. limit one per customer —-» friday V-^^ *&S> *)</ 1 'gA,, 7^*fft^. °% FISH FRY $3.95 i_i_M_M_Mj_M_ixj-M_rxrnj~Lr*M~ij**M~u~ij"^ American Secretarial Seasoned To Fit Your Taste • • Student Discounts • Quick Returns G Cm 2519 Street 945 Ellicott Square Building 852-0958 Term Papers Word Processing Reasonable Rates Resumes resentatives of the Lionel Train company and union are being invited to tell their story. Lionel Main mCHEN Open TILL 2A M : March 12. 1988 Th* Opinion 5 �Apartheid and South African Policy Discussed by Krista Hughes "Apartheid and Law" was the topic of an informal lecture given by Gerald C. Home on Feb. 24. Mr. Home, Director of the National Conference of Black Lawyers and Professor of History on leave from Sarah Lawrence College, dealt both with apartheid as it exists in South Africa and with how South Africa's policy of racial discrimination is becoming an issue in American courts. Professor Home began his discussion with a definition of apartheid, saying, "I think it would be most appropriate to analogize apartheid, not so much to the Jim Crow system that arose most sharply after the Civil War in the United States, but more so to the system of slavery." Apartheid is a "system of government established to enforce inequality, exclusions, restrictions, limitations, on the grounds of race." In South Africa the 73% black majority is denied all participation in government, a denial which is supported by South Africa's revised Constitution of 1984. The Constitution "is on its face a violation of international law's norm of self-determination under which all people are to participate in the body politic." One way in which South Africa's government denies the black majority its political and human rights is through the policy of forcible relocation of black South Africans. Many blacks live on "homelands" or "black spots" which are areas of land owned and developed by blacks but which are sur- ... rounded by white-owned land. These "black spots" are desired by the South African government for conversion to exclusive use of whites. To do this the government removes blacks from the homelands without due process and "often at gunpoint," and forces them to live on Bantustans, "barren areas where the land is not arable, the land is desolate, and it declares these Bantustans to be independent, and therefore strips blacks of their South African citizenship in exchange for citizenship in the Bantustans." This form of quirement for probable cause before arrest, no guarantee of counsel, and there is an ever-present possibility of "indefinite incommunicado detention without charge or trial. In addition, the writofhabeas corpus does not exist for blacks or whites in South Africa be"security legislacause citizenship is not recognized by any government except for the government of Pretoria. Over 300,000 "black spot" residents were relocated to Bantustans between 1970-79, and over 3.5 million have been relocated over the past 20 years. Mr. Home discussed several South African statutes which further the purposes of apartheid by denying blacks their rights. One is the "Black Act," No. 67, of 1952, which requires "all black adults to carry passbooks which document their legitimate presence in white areas." The "Black Act" is a form of "influx control" and it is strictly enforced. In 1982 alone over 26,000 pass law arrests were made. Another way in which the government strips the black majority of its rights is by the Internal Security Act of 1982. Section 28 of that act "permits indefinite detention of any person likely to commit an act endangering the maintenance of law and order." There is no re- .. Letlurer Gerald C. Home. Photo by Paul Hammond [provides that] acts of tion Parliament are supreme, or not subject to interpretation or invalidation by the courts." Besides depriving blacks of legal rights, several acts work to place South Africa's black majority at the mercy of the South African Defense Forces (SADF) and their special police units. The South African Defense Act, No. 44 of 1957 "gives security forces immunity in advance from criminal or civil responsibility for any act carried out in good faith." Mr. Home illustrated this point by suggesting that if he were giv- lecture in South Africa the police could come in "believing in good faith that (he ing the same was] counseling insurrection against Pretoria authorities," and be legally justified under South African law in "mow[ing him] down." advocates Rights Civil worldwide have criticized the gross abuses of authority displayed by the SADF, but within South Africa there is little they can do to publicly denounce it. South Africa's government has prohibited the publication of any untrue statement, and has placed the burden of proving the truth of any statement upon the person making it. A similar policy exists in preventing the exposure of the use of torture by government agents. All allegations of torture must be accompanied by detailed sworn affidavits. Section 217 of the Criminal Procedure Act of 1977 "practically invites security officals to use torture in extracting confessions because a written confession produced at trial raises a presumption that it was freely and voluntarily made." One final way the South African government oppresses the black majority is through the practice of banning certain organizations, "individuals, gatherings or publications." Between July 1982 June 1983 over 900 publications and films were banned because they were "possibly prejudicial to the security of the state." The government has also banned all outdoor political gatherings. As a result, dissent may only by expressed publicly at funer- - TODAY Free Pizza & Free CPLR Books Reception Sponsored by: JOSEPH L. MARINO, JR. 12:00 - 1:00 PM 3:30 - 4:30 PM 6 The Opinion March 12, 1806 — Room 212 — Room 109 als because they are the only form of allowable gathering. Funerals are not, however, immune from police intrusion, and are often the site of violence and more death. Individuals are also subjectto banning by the government under an Executive Fiat of the Internal Security Act. Banned individuals may not speak to more than one person at a time, must remain in certain prescribed areas, and may not be quoted in any publication. Although apartheid is a system which exists within South Africa, Profs... Home indicated that Americaq^courts are now being asked to deal with the policy. One specific case is currently in litigation in New York. It involves Barry Martin, an Afro-American dancer whovisited South Africa in 1983. While there, Martin and a white companion were involved in an automobile accident. An ambulance came for Martin's friend, but refused to take Martin because of his race. As a result, Martin was forced to wait at the accident site for a black ambulance, a wait which has left him a quadriplegic. Martin is bringing a $130 million tort claim against the government of South Africa and against Transvaal Hospital Services on the grounds of discriminatory medical treatment. This type of claim presents many problems for American courts because all of the tortfeasors are in South Africa and are potentially protected by foreign sovereign immunity Prof. Home discussed continued on page II �HispanicsOn The Rise In The Legal Profession by Wilmer Rodriguez Nunci A discussion of Hispanics in the law cannot be had without acknowledging the fact that the term "Hispanic" defines a heterogeneous rather than a homogeneous minority community in the United States. Hispanics, for the purposes of this article will refer to the Spanish-descended people residing in the United States of America. According to the 1980 census, the Hispanic population in the United States was 14.6 million comprising 6.4 percent of the entire U.S. population. More than 60 percent of these 14.6 million Hispanics reside in California, Texas and NewYork. The census probably missed about 2 million more and did not count somewhere between 5 and 6 million undocumented workers. Add to this the 3.6 million Puerto Ricans on the Island of Puerto Rico and the total Hispanic population under the direct sovereignty of the United States is in the neighborhood of 25 million people. Despite the differences of opinion, some more friendly than others, Latino lawyers are finding common ground in their professional groups. The dichotomy of common ethnic heritage and tremendous diversity within the ranks of Latino attorneys is perhaps best reflected in the Latino or Hispanic Bar Associations and the fact that more than one exists. Perhaps one of the most readily identifiableassociations targeting Hispanic attorneys is the La RJaza Lawyers Association of California (LRLAC). Founded in 1972 by California Supreme Court Associate Justice Reynaldo Cruz Reynoso, then the head of the California Rural Legal Assistance Foundation, and Mario Obledo, the national president of the League of United Latin American Citizens (LULAC) and former director of the Mexican American Legal Defense and Education Fund (MALDEF). Though founded as a national organization, LRLAC's national entity moved East. Now sporting a new name, the Hispanic National Bar Association (HNBA), it is returning to the West, with about 3,700 members nationwide. The founding of organizations such as the ones mentioned above marks an important moment in the history of Hispanic people in the United States. It signals the end of one era characterized by gross urv derrepresentation in business, politics and the arts, and the beginning of another. It evokes images of crossing over from old ways to new ones, of a people coming of age or perhaps even a resurrection. The HNBA's Decennial Convention On September 5, 1985, the Hispanic National Bar Association staged itstenth annual convention at the Vista International Hotel in NewYork City. On this occasion I had the opportunity to attend seminars, make professional contacts and speak to various Hispanic attorneys and guest speakers. The following is a compilationof excerpts of informal conversations held between myself and Hispanic law students from Temple University andC.U.N.Y. law schools and the leaders of various Hispanic Bar Associations. I deem it important to include these excerpts in order to relate the sense of purpose and direction that enveloped the atmosphere of the convention. When asked what is the purpose of a Hispanic Bar and is there really a need to organize along these lines, Ms. Mari Carmen Aponte, a former HNBA president and partner at Peha and Aponte of Washington, that "the HNBA linkslocal associations in D.C., responded most major cities." She stressed that the organization is not directed to any particular nationality, and explained the impetus behind the organization. "There's a tendency to lump all Hispanic attorneys into one category. The fact is, we are composed of all different groups: the Mexican Americans in the Southwest and West Coast, the Cubans in the South and Puerto Ricans in the East. Often we have divergent perceptions of what our needs are and how to deal with them. The organization primarily pro- vides a forum for discussion." Robert Mendez, the president of HNBA's Los Angeles chapter and in-house Counsel for NBC emphasized that "whatever its members' needs, HNBA has as its focus the concerns of the community, including problems in education, the criminal justice system, employment and access to government." As he sees it, local bars tend to be more effective organizations. "They enjoy the ad»antage of members in one area, meet on a regular basis and maintain an agenda with ongoing issues. The problem the national organization faces is that members are all over; directors are all over, too. Our ability to devote energy to some issues is diminished; we must economize our efforts. Otherwise, we can't accomplish an- thing." According to Jose Medina, the president of the Cuban American Bar Association (CABA) in Los Angeles, "One of the major goals of CABA, is to have a Cuban American Judge appointed and to link with Florida's Cuban American attorneys." The Mexican American Bar Association (MABA), also based in Los Angeles, claims a membership of more than 500. MABA president Jaime Cervantes outlined the organization's goals as "ensuring that the rights and legal procedures appropriate to a situation are given to Hispanics, educating and supporting Hispanic attorneys and working within the community to develop its wel- fare." MABA and CABA both share the goal of helping the Latino community, with perhaps a slight emphasis on their own people. Mr. Medinapointed out that since the overwhelming majority of Hispanics in Los Angeles are of Mexican American ancestry, "It's hard for Cubans to be comfortable." Mr. Medinaalso pointed to at least one basic philosophical difference between the two groups. "Most Cuban Americans are very conservative and very Republican because of the Cuban Revolution. On the other hand, Mexican Americans are liberal and progressive because of their connection with the reform movement in Mexico." Do the Hispanic associations pull together? The leaders say yes. Ms. Aponte said of the HNBA, "The organization is still in its formative stages, so divisive issues haven't arisen yet, and I don't expect them to. We have so much in common that we need to have a consensus. The problems are too many to start arguing." The Mainstream Bar With respect to the Mainstream Bar, the American Bar Association'sBoard of Governors has established a nine member Task Force to study . problems faced by minorities in the legal profession. The Task Force will be in existence for 18 months, terminating in February of 1986 with a budget of $99,995. Their mandate is to ultimately formulate a report and recommendations as to action which the Association, or others, should take regarding the problems facing minority lawyers and their integration into the profession and the organized bar as well as the problems facing the minority bar as- sociations. The proposal for the Task Force was submitted by the Young Lawyers Division, the Section of IndividualRights and Responsibilities and the Standing Committee on Bar Activities and Services. The key issues to be researched are: a) Legal Education and Admissions to the Bar b) Professional Employment Opportunities and Career De- velopment c) Judicial Selection and Judicial Clerkships d) Bar Association Involvement In May of 1981, the National Instituteof Minority Lawyers released a report decrying the status of minority lawyers. Subsequently, this report, along with various other articles gave rise to the formation of the ABA's Task Force on Minorities in the Legal Profession. The that report confirmed minorities are still not rep- resented in the profession in proportion to their share of the population and more importantly, are underrepresented in many important sectors of the profession. In short, minority lawyers remain on the fringes of the pro- fession. Unless and until they are the brought into mainstream of the profession, special interest bar associations will continue to spring up and flourish, further polarizing the profession, and the American Bar Association will continue to do without the energy, creativity and commitment of so many talented minority at- torneys. If lawyers hold themselves out to be thedefenders and pro- tectors of liberty and justice, how can they hope to fulfill the idealof equal justice in a profession that continues to exclude minorities? The Need For Hispanic Lawyers I am of the mind that being Hispanic should not relegate an individual to a one track legal system. Hispanics are Americansand as such diversify their interests in every category of law. I am sure that there is a general consensus of thedesire to see the unity of the Mainstream and Minority Bar Associations. However, as long as theneedfor support and networking exists, and as long as there is a certain degree of societal discrimination against Hispanics, that unity will just have to wait. The Hispanic Bar will be called upon to shoulder a leadership role. Hispanic attorneys are visible professionals in their community. Persons who have not been as fortunate as them, who are not gifted or articulate, look to them for leadership. As in the past, Hispanic lawyers will be called upon to speak for the special interests which may only be known or understood by them by reason of their origin. It was an active Hispanic Bar that has prompted Republican and Democratic administrations to appoint Hispanics as judges, such as the Honorable Ricardo M. Urbina of the District of Columbia Superior Court who was the first Hispanic judge appointed by President Ronald Reagan. Hispanic organizations will have to continue to ensure that Hispanics are represented at every agency and at every level. For example, Henry Rivera, appointed to the Federal Communications Commission, is the first Hispanic to be appointed a Commissioner at that agency in its 55 year history. The Honorable Patricia Diaz Dennis is the first Hispanic and Woman to be appointed to the National Labor Relations Board. The Bar needs to be further integrated. A legal community reflective of our society dispels a notion of a caste system and ensures the loyalty of the citizenry as a whole. A more di- versified bench ensures greater faith in the fundamental fairness of our laws and in the administration of justice. In summary. Hispanic lawyers and judges are not only beneficial as role models to the Hispanic community, but to the nation as a whole. Violence Against Asians Widespread in '80s by Carol Ho Rezvani In 1854, Asian-Americans were prevented from testifying against Whites in court. In 1860, Asian-Americans were sent to segregated public schools. In 1882, Chinese were forbidden to migrate to this country and were excluded from certain professions. In 1922, JapaneseAmericans were prohibited from owning land and from becoming naturalized citizens. In 1942,Japanese-Americans were forcefully uprooted from theirhomes and were forced to unfairly endure an average of thirty months behind barbed wire in midwest United States because of what a recent court decision in Korematsu v. U.S. (1944) and federal commission have recognized as racial prejudice, war hysteria and the failure of political leadership. In 7966, some states prevented Asians from intermarrying with other races. Today, many Asian Americans work in sweatshop conditions, live in substandard housing, and are denied equal access to government's benefits. "They" continue to force discrimination based on race, sex. national origin, immigration status and language .ability. "Go back to China. I kill you." yelled by a gang cf white youths who attacked three Vietnamese in SouthBoston on May 25, 1985, as recalled by a victim. Hung Hua. "We don't want you herel" yelled by a gangof white youths who attacked fourCampucheans in East Boston two days later on May 27, 1985, as recalled by victim Sarann Phuong. "Why don't you let me go, he — — was only a g00k... I only hit him once. The niggers love to come down here and lock us up for this shit." yelled by R.G., a minor arrested by several Boston police, including one black officer, for assaulting Kiem Ho in Savin Hill in August — 1984. After the July 1983fatal stabbing of Anh Mai in Dorchester and the wounding of three other Vietnamese refugees by a 19 year-old white Marine, a group of white youths were asked by a CBS TV. crew why neighborhood residents were harassing the refugees. On national television, they replied: A: "They don't like chinks." Q: "Why not?" A: "They're not white." Q: "Why is that bad?" A: "It just is." The same summer, a Vietnamese family was forced to move out of its house on Melbourne Street, Dorchester, the same house that had been fire bombed in 1982 when three blackfamilies were living there. "I will get revenge. If I can't kill the Vietnamese today, I'llkill them tomorrow; if I can't kill them tomorrow, I'll kill them some other day. " yelled by Eric Johnson after beating Hieu Van Ngo until he was unconscious at the Madison Wire and Cable Company in Worcester, in October 1984. Peter Nien-Chu Kiang who is the program director of the — Asian-American Resources Workshop in Chinatown observes that the roots of racial violence against Asians in 1980's can be traced, in part, to the United States' failing economy, high unemployment, and bitter trade competition for March imports. Japan became a primary target of attack for the United States corporations and image-makers. "Buy American" campaigns and weekly rituals in Detroit characterized the virulence of anti-Japan sentiment. Cries that Japanese imports were invading America echoed the hysteria of Pearl Harbor. In June 1982, a Chinese-American draftsman named Vincent Chin was bludgeoned to death with a baseball bat in the streets of Detroit by a white unemployed autoworker and his stepson. Prior to this brutal attack, the two cursed Chin, saying, "It's because of you fucking Japs that we're out of work." Not distinguishing between Japancorporations, Japanese ese 1.2. ,}m . Thf continued on page 11 Opinion 7 �OPINION OST STATE UNIVERSITY OF NEW TORX ATBUFFALOSCHOOL OF i>W Volume 26, No. 11 Editor-in-Chief: Managing Editor: NewsEditor: Features Editor: Business Manager: Photo Editor: Layout Editor: March 12, 1986 Victor R. Siclari Jeff H. Stern Paul W. Kullman Timothy J.Burvid Harry Branson Paul F. Hammond Kevin O'Shaughnessy Production Editor: Charles E. Telford Contributing Editor: Peter Scribner Staff: Idelle Abrams, Craig Atlas, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Dave Platt, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Mario Cuomo, Kirsten Hertz, Mary Hurley, Jack Luzier, Wilmer Rodriguez Nunci, Carol Ho Rezvani, Patricia Weeks. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: a Crowded Law School Fire inis the crime of academia. It tears at the frail ties Cheating street of trust that bind student and teacher and chills the innocent unity between student and student. Law pretends to operate in a metaphysical vacuum of utter rationality. To think with cold, unemotional logic is to "think like a lawyer". It takes a dramatic event such as a cheating scare to shake us loose from this mindset. Rumors fly, anxieties soar, and rationality takes a vacation. 152 of our fellow law students are living in the Twilight Zone. All of them feel the heat of guilt by association because some are accused of cheating. A quarter may have gotten ahold of the questions to a Family Law final exam last fall before they took the test. For all anybody knows, some may even have compared answers. For anyone convicted of cheating, career plans may go out the window. Add a pinch of a rumor of poor grades, blend in complaints about an off-the-wall test, simmer for two months, and you have the perfect recipe for paranoia. The whole school feels the effects. Cheating results in a tightening down of exam procedures. The casual, relaxed atmosphere of the Buffalo Model is diminished. Something good is lost. And student tempers flare at reports that the administration may re- quire compulsory self incrimination to root out the cheaters. Trust gives way to cries of "witch hunt!" Meanwhile, one professor is undoubtedly distraught. How could they do that to me? Other faculty members vicariously share the feeling. Administrators wring their hands: what to do, what to do? What to do? Well, first of all, everybody has got to calm down! Relax. Take a couple of deep breaths. And summon back logical rationale from its hiding place. For once, thinking like a lawyer is a really great idea. Secondly, before any investigation takes place, all of the objectives must be set out, the problem defined, the important questions answered. What are these objectives? Everyone would agree that while all cheaters ought to be punished, not a single innocent person ought to suffer. But what is cheating? Is it always self-evident? Should punishment vary by degrees of culpability? Should cheating consist of knowingly violating test rules, negligently violating the rules, or should a student be held strictly liable for violating the rules? Furthermore, what procedures should be used? Should students be forced to incriminate themselves or others? Who should make the final determination? What standard of proof for conviction should be used to insure that no innocent person is punished? It is essential that these questions be answered and that all objectives be put on paper and made public before an investigation begins. Why? Because some very unpleasant decisions may have to be made along the way. Some of these objectives may have to be tossed overboard in favor of others. For example: it may not be possible to determine who cheated without compulsory self incrimination. Which gets compromised? These painful choices can only be made with all objectives clearly set out at the start. Javits Will Be Missed As long as he had his mind, he could think. That was how former Senator Jacob K. Javits (R-N.Y.) viewed the debilitating neuromuscular disease which confined him to a wheelchair for the last five years of his life. Javits, one of the nation's most brilliant and respected political leaders, died from the disease last Friday, at the age of 81. The son of a Jewish immigrant couple, Javits was born in a tenement on the Lower East Side of Manhattan. Yet he overcame his poverty-stricken childhood, working his way through law school and building a successful law practice. Eventually he would become the longest serving United States senator ever to represent the state of New York (1956-1980). As a senator, he was known to have worked 16-18 hour days, steeping himself in all the major domestic and foreign policy issues before Congress. He fought hard for civil rights and initiated the War Powers Act, to limit the power of the president to send troops into combat without the approval of Congress. Senator Robert Dole (R-Kansas) called Javits "one of America's all-time great senators." Senator Edward Kennedy (D-Mass.) said that Javits was "a truly great American, courageous, committed, compassionate. To the very end, he taught us with his own inspiring example to care about those less fortunate than ourselves." With his passing. New York has lost one of its most dedicated public servants. ' 8 Th« Opinion , March 12. 1888 Parlor Protectors' Pranks Provoke Plentiful Protests Justice Harlan once used the description "pig in the parlor" to make a point about the First Amendment. We think it aptly describes the current situation in the law school where undergraduates inundate a building designed and constructed for use by law students. Since the administration has refused to protect our "parlor," individual law students must begin to do so. Adequate (but moderate), non-destructive disruption of undergraduate classes held in O'Brian Hall will encourage faculty and students to hold their classes elsewhere. Begin slamming doors to undergraduate classrooms and shouting "UNDERGRADS OUT," "GET OUT OF THE LAW SCHOOL," or "THIS IS A LAW SCHOOL." Take special action against undergraduates using our Moot Court Room. If you need a carrel in the library, begin opening doors checking to see if the users are law students. If they are not, you should ask them to leave. Carrels are specificallyreserved for law students. TAKE ACTION LAW STUDENTS. Signed, THE PARLOR PROTECTORS Responses Student To the Editor: Amid the usual clutter of bar review hype sheets, induce- ments to purchase magazines I couldn't possibly find time to read and applications for credit cards I couldn't use responsibly, I gleaned from the mailbox the same curious little jeremiad that I'm sure most readers did. I refer to the clarion call of the "Parlor Protectors" (a cast of characters comprised of law students lacking sufficient courage of conviction to sign their names) urging us to "take action" against the infestation of undergraduates and undergraduate classes in O'Brian. Never mind that our anonymous champions retchet Mr. Justice Harlan's "pig in a par- lor" comment so far out of context that he most probably rotated 180 in his resting place. This little ditty (undergrad for "didactic") disturbs more with successive readings, for its message in clearly this: "The process has failed, let's take matters into our own hands." These gentle folk will most likely grow up to be one of two things: judges whose courts I would hope to avoid or tax attorneys on whose judgement I would not wish to rely. While most commentary on thisnoble cause has gone something like, "How did they get in here?", I worry more that these defenders of the faith will get out. One wonders in what sense O'Brian is "ours," or to what extent the building is "designed and constructed for use by law students." Popular legend has it that the Amherst campus was (a) located on this Godforsaken tundra and (b) architechturally designed in order to assure that the National Guard could shut down the campus quickly and prevent large scale assembly of the unwashed masses; all other purposes, such as "departmentalizing" the University by buildings, appear to have been secondary. It reminds me of the "open classroom" from my schoolteaching days and it seems to work about as well. But, as a classmate has said with respect to this burning controversy, "that's life in the Big City." I agree. Myself, I'd rather have the law school back downtown, but I'm not going to hammer on (he door to Schlegel's office until he does something about it. One also wonders (and worries) about the attitudes underlying the perceived need to exclude others. Somehow, our Protectors have discoveredthat a higher intrinsic valueattaches to law students than to other students. I would respond to this widom by asking our sur- repititious scribes to remem- ber a couple of things: one, the "others" may very well be paying our fees someday, and two, my daughter's babysitter may in the long run be more valuable to society than half the graduating law class. Finally, as one might well suspect, there is a catch to this modest proposal. If our Protectors really want to keep the "pigs" out of their parlor, they had best be prepared to accept exclusion of their "asses" from everyone else's. The bottom line for me is this: I don't give two frozen turds who uses the law school so long as they don't abuse it. And I've seen no evidence that law students are any less likely to abuse (or vandalize, steal, cheat, lie or write anonymous twaddle) than anyone else. The law school is not a building. It is roughly one thousand human hearts beating, and apparently a few less than a thousand minds at work. Ron Scott Professor To the Editor: wish tb^^xpress concern about unprofessional acts by law students which affected my classes Friday, February 21.. At 10:30 a.m., as I was lectur- I ing in2o9O'Brian,thedoorwas flung open, the words "Get undergraduates out of the law school" shouted loudly, and the door slammed. The students in the class laughed off this interruption, fortunately. More serious, however, was an incident a few minutes later, immediately prior to a large class which I also teach in O'Brian. In this instance, some third year law students "informed" undergraduates going to my course (in which a test was scheduled that day) that the class was "cancelled." Thiswas a lie. The frustrations law students feel in being at the center of the — academic spine subject to noise, crowding, and heavy use of classrooms by persons from all parts of the University are — understandable. But wherein lies the greatest good, or the most appropriate means of improving the situation? The law school is not an isolated or isolatable island, but a center that serves thousands of persons daily. What is an inconvenience to law students is a necessity for the majority of UB students and faculty, given the great pressure that exists on teaching space. To protest these facts of geography and crowding by disrupting ongoing teaching smacks of sophomoric behavior, not professional conduct. I, and other faculty who have been assigned to teach in O'Brian, certainly hope such incidents will not recur. Yours truly, Claude E. Welch, Jr. Professor of Political Science Chairman, Faculty Senate Dean To: The Student Body From: J.H. Schlegel I have had brought to my attention the Manifesto signed by THE PARLOR PROTECTORS as well as complaints from both university faculty and law students about individuals following the PROTECTORS call. I was hired as acting dean of a law school and not as the principal of a junior high school. — Were I the latter, I would simply inform the hall monitors and send the offenders home to Mommy. As the former. I am at somewhat of a loss as to how to respond. I cannot express my disapproval of such childishbehavior too strongly so I will simply note that Rule 5.35.3iof the Board of Trustees prohibits the conduct called for by the PROTECTORS. Among the sanctions permitted to be imposed on persons found to have violated this rule is expulsion and suspension. I will not hesitate to inform the Committee on Character and Fitness as well. Should individuals wish to discuss their concerns about the Law School and its declining sense of community, which, I take it, is the root cause of the PROTECTORS' childish re- sponse, I would be pleased to meet with them at an appro- priate time and place. A Correction To the Editor: I submitted to The Opinion an article on my recent trip to Cuba. My article was published in the February 26, 1986 issue of the paper. The paper faithfully reproduced my article, with one notable exception. On page fifteen, one of the paragraphs begins with the sentence: "I saw children begging in the street or sleeping in parks." The sentence should have read: "I saw no children begging in the street or sleeping in parks." Alberto M. BenTtez �The Boy Mechanic by Kevin O'Shaughnessy Law Review's Gesture A Forced Concession "Take up the White Man's burdenSend for the best ye breedGo bind your sons to exhile To serve your captives' To wait in heavy harness On fluttered folk and wildYour new caught, sullen peoples Half devil and half child-" Rudyard Kipling The White Man's Burden Minorities all over America are sleeping safer these days; the Buffalo Law Review has decided to initiate an affirmative action program. Has Law Review (like Lincoln in 1863) issued its "Emancipation Proclamation"? Is there cause for celebration? I'm not so sure. Certain members of Law Review (probably afraid of continuing an incestuous process which threatens the intellectual gene pool) felt that law school ' grades and the casenote com- petition were merely arbitrary standards used to legitimize a system biased towards upper middle class whites. (If Law Review were a school district, the Supreme Court would have ordered integration decades ago.) Some insiders feel that this well-intentioned minority would not have carried the day had the proposal not been leaked to the general public. These cynics feel the news leak backed a number of elitists into a corner. Appearances won over convictions- (surprise!), and an affirmative action proposal was passed. No one wants to look like a racist. (I always felt there was a certain honesty about the Ku Klux Klan You always know where those guys stand on affirmative action.) Two affirmative action proposals were submitted; both were flawed. The first proposal based all admissions on a com- . Graduating Seniors Information Memo To: All Graduating Seniors From: The Commencement Committee Any senior interested in being the student speaker at commencement should submit a short (1 paragraph) summary to SteveWickmark in Room 311 by Tuesday, March 11th. The summaries will be distributed and a vote taken within the next two weeks. Caps and gowns must be ordered by March 21st. If you plan on wearing a cap and gown, make sure you place the order with the bookstore by MARCH 21st. Professor Atleson requested that the senior class forego the formality of caps and gowns and establish a special loan fund for students. If anyone is interested, please see Gina Peca. The Commencement Committee is co-sponsoring a Sadie Hawkins Semi-Formal on Friday, March 14th. It is being held at the Susquehanna Hat Factory from 9-12 p.m. $6.50 advance/ $7.00 at the door gets you hot and cold appetizers, full open barand music. It should be fun! The next and final memo will contain the vote on the student speaker, faculty speaker, and faculty and staff awards. Only 67Days Till Graduation! bination of grades (40%), case note (40%), and a personal statement (20%). Applicants de"disadvantaged" fined as would be given a maximum score for their personal statement. The advantages of this plan were: 1) All students competed together without the use of quotas, and 2) The number of "disadvantaged" students admitted could be expanded beyond the number allotted for by a quota system. The major flaw with this plan was that a corrupt admissions board could deny admission to all "disadvantaged" students by claiming their grades and case notes scores were far below the rest of the applicants. (I wish this was out of the realm of the possibility; too damn cynical, I guess...) The other proposal, which eventually was passed, placed all "disadvantaged" students (students which chose to identify themselves as such) in a separate pool. The number of "disadvantaged" students admitted is determined by the overall percentage of students admitted in the larger pool (10% admitted from the larger pool means 10% admitted from the smaller, "disadvantaged" pool). The advantage of this proposal is that it would guarantee the admission of "disadvantaged" students. There are several drawbacks to this plan: 1) The plan limits the admission of "disadvantaged" students to a small number (cynics feel this was why it was passed), and 2) By placing people in a separate pool, a stigma is placed upon those admitted (playing right into the hands of the elitist "they couldn't get in on their own" mentality). Lawtyleview has become a holy grail to a large portion of . the student body. Legend has it that resumes that possess this magical ingredient bestow upon its owners a vast array of riches Porsches, Leased Condos, Designer clothes (for designer mind)... undoubtedly every lawyer's or- that gasm. Law Review is an academic journal. It is responsible for publishing innovative legal arti- cles. Any publication (this newspaper, for example) must be open to different perspectives; the present Law Review selection process undermines this goal. The new affirmative action program may be viewed as a token gesture; but for all its drawbacks, it represents an opportunity .to fight the apartheid that is Law Review. Some people fought hard to provide this opportunity. It must not be wasted. Env. Law Soc. Current Activities Editor, We are writing this letter to fulfill the requirements of SBA By-law 13 and to inform folks of the continued active existence of the Environmental Law busy organizing two more presentations on environmental our primary function of educating the law school community litigation. This semester we also organized a cross-country ski trip to Allegany State Park which went very well. We hope to on environmental issues. We are presently activating our research committee to assist in pro bono work for local Society. This year we have been involved in many projects that make this an annual affair open have benefited the law school to the entire student body as are community. Last semester the all of our activities. movie committee presented On the trip back from numerous films on environ- Allegany we stopped by the mental topics under the direc- West Valley Nuclear services tion of Jennifer Sanders. We facility for a mini-presentation also compiled an environmen- on the history and current tal issue paper on the two major status of tl. project. We hope to organize more trips to areas mayoral candidates. The speakers committee, of local environmental interest chaired by Kevin Comstock, or- in the future. The society has been a freganized a forum on careers in environmental law which was quent contributor to thispubliThis semester the committee is cation. This is in keeping with . citizens groups. Anyone interested in researching for a couple of hours a week should contact either of us. We are proud of what we have accomplished this year. The Society has become a highly visible, active organization in our school. With SBA and student support and involvement we can maintain a high level of contribtution to our community. Sincerely, Jack Luzier Dave Platt Comics by Chapus March 12, 1986 The Opinion 9 �Founding Fathers Pub Offers Comfortable Bar and Character bars. Yet, for some reason, people are reluctant to venture Downtown for a few drinks, even though it is readily accessible, less than fifteen minutes Founding Fathers Pub 75 Edward St. Buffalo, N.Y. 14202 855-8944 by Timothy Burvid If new bars opening their doors were an accurate measure of downtown development, BRE Buffalo's economic future seem optimistically bright. At least half a dozen new bars or pubs have debuted downtown in the last year, and while admittedly not an accurate measure of revitalization, such occurrences may reflect an optimism based on the near completion of the subway, and the announced plans for movie theaters, a baseball stadium, and other attractions. One such bar calls itself Founding Fathers Pub, and is located on Edward Street off Delaware Avenue, near the edge of Allentown. Founding Fathers opened with great fanfare, receiving many reviews, all favorable. Unfortunately, as with many new bars, especially downtown, it is going to have would AY n E City limits. Even our ownSBA, otherwise rational, forces us to traverse deep Suburbia to attend their parties at the Pine Lodge. I don't know where this reluctance comes from, but students should consider investigating a few other downtown bars this month after Law Revue at the Tralf (thank goodness Pine Lodge didn't have a stage), as long as they're in the neighborhood anyway. Despite this light volume of traffic, Founding Fathers ap- This is most unfortunate. Even taking into account the much-exaggerated crime factor, Downtown Buffalo is literally peppered with great little pubs in old brick buildings with tin ceilings and thick wooden since been cleaned. The theme is Early American, naturally, and the patron is surrounded with historical reminders from the Revolutionary War era, including portraits of Washington George and Thomas Jefferson. There is even a copy of the Declaration of Independence hanging in the Men's Room, perhaps to encourage men to defy their wives and pass their time spending idents" placemats, however, are too much like something you'd encounter in a roadside Howard Johnson's in Virginia to contribute to the Colonial ambience. Nevertheless, the from any other point within the makes a name for itself or the planned Renaissance of Downtown Buffalo actually takes place, or both. building was once a livery stable, with the floor having money at the bar. The "Can you name the Pres- Kw to persevere and endure relatively small crowds until it pears to be sticking it out, even expanding its services. The theme adds to the atmosphere of the pub, an atmosphere which is also clean, comfortable, and uncluttered. The only distraction is a single T.V., which admittedly plays MTV sometimes, but one can still engage in good conservation over a few draughts. One highly touted feature of the pub are the free nacho chips with several different types of dips. Unlike most bars, these snacks are always available, not just at Happy Hour. Obviously a novel idea several steps beyond serving popcorn at the bar, this treat is apparently meant as bait to lure potential Photo Surprisingly, very few people have "dinner" as their primary objective when walking in the door. Unlike the Cloister's notorious happy hour where you get bowled over by a stampede of yuppies when they bring the chicken wings out, you'll see very few people at Founding Fathers who stroll in, order a single draft beer, and eat sixteen plates of nachos, not including those smuggled into their pockets. Founding Fathers is eventually going to serve light lunches, although they are circulating matches saying they already do, much to the detriment of lunch plans I made one by Paul Hammond day last week. Anyway, it should be worth the walk from downtown. I like Founding Fathers Pub, and hope that they are eventually able to earn a reputation for themselves sufficient to attract a better crowd, thereby remaining in business. They may even be doing a healthy trade right now and I may have missed it. In either case, it is a comfortable bar with a lot of character. When the Downtown Renaissance happens and people start to go downtown again, (or is that the other way around). Founding Fathers will hopefully still be around. Maybe thereis a substitute for patrons inside. Cuomo Introduces Anti-Sex Discrimination Legislation, tiveness of Title IX, the federal statute which prohibits sex discrimination in educational Governor Mario M. Cuomo has introduced legislation to provide students comprehensive protection against sex discrimination in New York State schools. The legislation would add a new section to the State Education Law called the "Sex Equity in Education Act." "This bill will ensure female and male studentsthat they will have equal access to all available educational opportunities," Governor Cuomo said. "Sex should never be a determining factor in whether children will have a chance to participate in educational programs, including athletics and extracurricular activities." New York State now lacks a programs that receive federal financial assistance. The proposed bill would pro- hibit sex discrimination by educational institutions receiving State aid or which enroll students who receive State aid. Exceptions would be made in those cases in which the law is inconsistent with the religious beliefs of an educational institution run by a religious organization. The act also would guarantee the right to equal educational opportunity and prohibit educational institutions from dis- criminating on the basis of sex for employment purposes. There are also provisions outlined in the bill for ensuring continuing compliance with the law, including a procedure for comprehensive protection plan against sex discrimination for students. In addition, there has been a weakening of the effec- £«::::::::««:::::::::««» to J* X :: Everyone is invited SADIE HAWKINS SEMI-FORMAL on •• XZ •••• SUSQUCHA^nA HAT FACTOKY 5225 Sheridan Drive • Williamsville, MY $6.50 advance (will be sold $7.00 at the door the library) teats:: ::•: ::Sttg:::::: 10 The Opinion March 12, 1986 •; •••• •; HOT AMD COLD APPETIZERS MUSIC FULL OPEM BAR • in front of •!!• •• Friday, March 14 tJ •• •• the JJ •• ::sii monitoring the implementation of the program. In addition, the bill provides remedies for violations of the act. "With the passage of Title IX more than a decade ago, we thought an end had come to sex discrimination in our schools," Governor Cuomo said. "But court decisions have narrowed significantly the effectiveness of that federal statute to only those programs which directly receive federal aid." "It's imperative that the State eliminate that disparity so that students in New York are guaranteed equal access to educational opportunities," the Governor said. This bill will provide all students, without regard to their sex, the opportunity to particiin any academic, extracurricular, occupational, vocational or research program. "The legislation is particularly meaningful to young women, who historically have been denied equal access." "In today's society, increasing numbers of single women are the sole support of a family," Governor Cuomo said. "If young women are to become economic equals, they must have the same opportunities to educational programs as young men. "The State must assume the responsibility for assuring femaleand malestudents equal access to educational programs pate and schools free of sexual harassment and sex discrimination against the students and employees." Subscribe to The Will Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it jieallyrepresents: Tuition for thereal world. I I I II Tbsubscribe,canBoosHs)Ofa^l3M^~ Or mail to: TheWall Street Journal,200 Burnett Road, Chicopee, MA 01021 D Sendme one year of The Will Street Journal for $63-a saving $44 ■» off "■ of /•" Ike regular suhcnptim price. D Sendme 15 weeks for $26. D Payment enclosed. D Bill me later. Name Student I.D.tt Grad. Month/Year . Address CiVSchool I SJSSrSintu™ , State _ Zip M jor | HieWdli Street Journal. "Hilmhilian ~«, 'theAmmanilimm. i« J I! | 'I^*ll m.n..).~. A I ■■*i»iMfi* Ilk II �Apartheid # another type of claim which may be brought in American courts, although not against the South African government. Arguments have been made by those in support of apartheid against anyone who is actively protesting the segregation policy. One of the most vigorous pro-apartheid arguments is against adherents to U.N. General Assembly Resolution 2396 which "requests all states to suspend cultural, educational, and other exchanges with the racist regime, and withother organizations or institutions which practice apartheid." A suit brought against the boycotters would be in the form of an anti-trust action, and would raise the question whether the Sherman Anti-trust Act is "applicable to politically motivated but economically tooled boycotts participated in and organized by non-competitors to those who have suffered because of the boycott." Home likens this type of suit to State ofMissouri v. National Organization of Women, 610 F.2d 1301 (1980). In that case Missouri tried to claim that a boycott by NOW in an attempt to prevent Republican and Democratic National Conventions from being held in that state were a "combination and conspiracy in restraint of trade." The State's claim was unsuccessful. A case against cultural boycotters of South Africa would have to prove that the actions of the boycotters were "intentionally injurious" to the business and trade ofSouth Africa, thus making it a common law tort claim rather than an antitrust suit. Prof. Home notes that two of the most common words used to describe apartheid are "repugnant" and "abhorrent," yet it still exists and is still unjustifable. However, Homefinds that "one of the most hopeful signs in South Africa is the proliferating protest coming from whites," although a large part of this protest is based in business concerns rather than in human rights. Currently South Africa is in the midstof a severe recession. Black laborers who produce goods do not have the money to buy the goods, and if largescale international boycotts arise there is the problem of massive overproduction because there is nowhere for the goods to go. Thus Mr. Home believes that "as time wears on there is going to be a growing realization that apartheid is not good business sense, if nothing else, and it also ultimately worsens the standard of living even Asians people, and Chinese Americans, Vincent Chin's killers viciously demonstrated the lethal impact that anti-Japan tradeprotectionist attitudes could have on Asians in United States. Nieh-Chu Kiang also observes that another factor responsible for the rise in antiAsian violence is the federal policy of refugee resettlement. Since 1980, the Southeast population refugee Asian throughout the country has grown increasingly. For instance, the population of Southeast refugees in Massachusetts has grown more than 200 percent from 6500 to more than 20,000. In order to facilitate the reassimilation into fugees' mainstream American society, the dominant, albeit inconsistent, view offederal refugee resettlement policy called not only for the conscious dispersal of refugees across the country but also the discouragement of concentrated refugee communities. Without such communities, however, many refugees, who lack the social, cultural, and economic support networks necessary to survive in a foreign land, were left isolated and vulnerable. The racist character of the Vietnam War continues to be played out in acts of violence against Asians living in this country. Serving in "Nam" meant killing "gooks" —faceless, treacherous, subhuman enemies who seemed to be everywhere. Asian-American soldiers fighting in Vietnam were pointed out by their officers as commanding examples of what the enemy looked like. The current spate of Hollywood releases set in Vietnam such as "Rambo: First BloodPart II" and the original "First Blood" also contribute to the rise in anti-Asian violence. Not only do these latest box-office smashes recast the war in Vietnam in such a way as to allow RACIAL VIOLENCE AGAINST PACIFIC ASIANS "America (United States)" to regain its sense of superiority, but they also reinforce the Viet- nam-era characterization of Asians as evil, sneaky, subhuman villains. Media images, particularly those out of Hollywood, have historically played a major role in shaping public attitudes toward Asian-Americans in this country. "Rambo" and films like it exhibit such traits. One other contributing factor to anti-Asian sentiment is a general lack of awareness ofthe experience Asian-American and a general intolerance of dif- These statistics have been recently compiled by the Asian Pacific AmericanLegal Center. 'Incidents that occurred in California. Source: Asian Pacific American Legal Center newsletter. ferences. Vietnamese are told to go back to China. Campucheans are told to go back to Vietnam. Many Asian-Americans who were born in this country or who have been in this country for generations still are "gooks" and "chinks." The National Asian Pacific Americal Law Students Conference on "Violence Against ..• continued from page 6 for whites." Apartheid is itself a legal issue, and it is becoming more and more expansive. Besides the question of human rights in South Africa there are also international concerns, such as South Africa's illegal occupation of South West Africa, or Namibia, in direct violation of the United Nation'sDecree No. 1. But the most compelling aspect of apartheid is essentially one of human rights, apartheid "is intrinsically antithetical to the notion of justice insofar as it breaches the most sacred element of justice, that is equality before the law." • • • • • continued from page 7 Asian-Americans" concluded that the national minorities of all groups share common experiences in this country. Racial violence against Asian-Americans affects Asians of all nationalities in this country. The Conference called for more unity not only of all the Asians but ofall the national minorities in this country. Alex Rodrigue, Chairman and commissioner of Massachusetts Commission against Discrimination said, and I quote, "The issue of racial violence against Asian Americans is the issue for Hispanics and Blacks. And vice versa." Philip Tajitsu Nash, the author of the article "Asian-Americans: 100 Years of Hate" in "Guardian" (October 30,1985), also called for the stronger unity of all the minority groups and the need for better understanding of differences and for more cooperation between all the groups. v Lx \ (V) Avn X I KVX i/W / 1\JJA A \(/ I — \jr f I I 1 \ \ J RES IPSA LOQUITUR <=@22 yorkState - Mukistate 'Bar (Review offers an 'Tfe !?»«?«■ integratedabroach to tfk <He.iv Jork. 'Bar <E%m. <We empftasize sophisticated memory techniques, essay urnting s£ills and a concise, °yanizedpresentation of tfiefow. you zMSe preparedand confident. PEIPER NEW TORK - MULTISTATE BAR REVIEW lt sP ea^s For 90 (^^^z;eme' Mineota, Duane Barnes Margo Beasley RossLanzafame James McElhone Brian Bornstein Amy Sullivan . itse?- 9&11S01 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard A {/)) \(7\ W\JJ J\Ls\ LlpO \J\J A^^ (\^ I \ Judith Kubiniec Doris Carbonell Maria LoTempio j I John Rowley Donna Siwek y Amy Murphy March / / 12. 1986 Th« Opinion 11 �Feeling Dejected? Listen To These Rejections by Timothy J. Burvid Anyone who has ever visited the Career Development Office is familiar with their speeches about how law studentsshould approach theirjob searches patiently. We're told to perfect our resumes, to persevere, and that eventually most of us will succeed in finding jobs, some of which might not even have anything to do with flipping hamburgers. More simply stated, we have to endure a great deal of rejection before we get something even resembling a job offer (i.e. an interview). While patience may indeed be a virtue, four second year students, taking their rejections in stride, haveundertaken to express their patience as an art form as well.With four students in one house, all interviewing for jobs at the same time, the rejection letters really pour in. That's why Brian Bornstein, John Formica, Rick Resnick, and Joel Schechter have decided to prominently display these communications from unenlightened employers who inevitably, maybe not for twenty years, but sooner or later, will regret their rash de- cisions (or so we all like to believe). Covering the wallsof the dining room of the four roommates are systematically exhibited their collective' rejection letters. With the letters now totalling 125, and growing every day, these walls really talk. Consider one of Joel Schechter's experiences, for example. On October 9th he received a typical rejection letter from a law firm with the usual "Thanks, but No thanks" message. Their collection was still in its early stages, but he quickly mounted his latest specimen on the wall. Less than one month later, he received a second rejection letter from the same firm, asking him to "please excuse our delay in writing to you," and concluding with the identical rejection message. Writing on the second letter, Schechter asks: "Does rejection hurt thesecond timearound?" John Formica, however, had exactly the opposite problem. He never received word from one particular firm while all his friends who had also interviewed their had been notified. Formica wanted his rejection letter, if only to add to the collection, so he called the firm and demanded it. As it happened, it was originally sent to the wrong address, but the firm fully cooperated with his demand by sending him a file photocopy of the letter. They even sent him a short note apologizing for the misunderstanding, probably also a form letter. And then there's Brian Bornstein, who should probably take some consolation in the fact that at least his most notable letter was personalized. Apparently, Bornstein had worked in the Hempstead Town Attorney's office one summer, and had spent a few hours working on a particular case. The case Rick Resnick, Brian Bornstein, Joel Schechler, John Formica is still unresolved, and the firm to which he applied opposes the town in the action. Thus, they regretted that they could not hire him, but explained that "a conflict of interest or at least the potential for a conflict of interest existed." -trrtde.rstandably, considering the amount of resumes received by law firms, rejection letters are very rarely personalized. Yet, it's nice to think that there might be a little truth to the compliments by which employers try to let down applicants gently. Why not feel a little comfort in the fact that a firm tells you that "Your resume is If employers are so thankfulfor your resume, one must wonder what they're thanking you for. ' an impressive one, and you can be justifiably proud of your accomplishments." Alas, whatever solace such words provide is quickly dissipated when you see four such identical letters next to each other on the wall. (And I even saved that one!) Almost invariably, rejection letters begin with the words "Thank You." "Thank you for your fine resume." Thank you for your inquiry." "Thank you for your impressive resume," etc. One usually doesn't have to read any further, especially to read their phony comments .. about how wonderful you are, despite their rejection. The message is loud and clear"Thanks, but No thanks." If employers are so thankful for your resume, one must wonder what they're thanking you for. They're not hiring you. Are they thanking you for putting a secretary to work? One can imagine a rejection letter from a firm replying: "Thank you for your incredibleresume. While we regret that we cannot offer you a position, we are, nonetheless, thankful for your resume. It's exactly the same color as the bottom of our bird precisely what we've cage been looking for. Thank you again for your thoughtful gift. Do write us again next year." Or perhaps this one: "Thank you for your fine resume. I haven't had a good laugh in weeks." They must be thanking you for something, right? While the basic message of rejection letters remains the same, the form does vary between firms. One employer counsels that their rejection "should not be taken as a reflection on your credentials, which are excellent." Another says that "we were favorably impressed with your accomplishments to date." Some are more formal than others —"I acknowledge receipt of your letter, but..." My personal favorite in the patronizing genre reads: "Wehave reviewed with interest your fine accomplishments at UB Law School (but...). The most brutally — honest simply states that "a further interview with you is not practical." The shortest ding I encountered ran just two sentences. "Thank you for your inquiry regarding employment with our firm. Unfortunately, we are not in a position to offer you a job interview at this time." Another law student has proposed a method of approaching the problem different than wallpapering the dining room. He suggests that the letters be sent back to the law firm with this message: "Thank you for your finely worded rejection letter. Regrettably, due to limitations in the job market, I am unable to accept your rejection at this time. See you Monday morning." While the walls of Bornstein, Formica, Resnick, and Schechter make an interesting conversation piece, as well as being on the cutting edge of interiordecorating, they also demonstrate both patience and a healthy perspective on the job search process, which all too often law students take too seriously and too personally. Besides, their persistence appears to be paying off. Three of the four have found law related summer employment, and the fourth is scheduled for several promising interviews' in the next few weeks. Who knows? Maybe in the future these four guys will be in a position to draft rejection letters of their own. I hope they remember their humble beginnings. with their own Wailing Wall. ATTENTION ALL LAW STUDENTS! THEADVOCA TE (yearbook) is now on sale in front ofthe Law Library. Only $12.50 and chock full of photos of Ist, 2nd & 3rd year students. There is still time left to submit CANDIDS. Drop them off at 724 O'Brian in an envelope with your name and return address. CLUBS AND ORGANIZATIONS Sign up for group photos on sign-up sheet in 2nd Floor Mailroom. CONTEST FOR COVER DESIGN Submit photos, sketches or drawings (Color or Black & White) by Friday, March 21. Winner will be chosen on Wednesday, March 26 and will receive a free yearbook. Seniors must return all photos to Serendipity, 2258 Genesee St., Buffalo, NY 14211 or you will be charged and not receive your composite. — — 12 The Opinion March 12.1986 J>hotosby Paul Hammond �SAVE OFF THE 1986 TUITION WHBM YOU REGISTER FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 STATE SPRING SEMESTER REGULAR TUITION 1 NEW YORK $875 NEW JERSEY $675 MASS., CONK, MAINE, VT., N.H. $775 jk $775 I ()() $575 $675 • CLASS OF 198? 1988, & 1989 1987,88 &'B9 REGULAR TUITION STATE ■ YOU PAY ONLY DISCOUNT NEW YORK $875 NEW JERSEY $675 MASS., CONN., VT., MAINE, N.H. $775 SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 jk /S $s°° $600 / ' A »50 DEPOSIT IN NEW YORK OR ANY NEW ENGLAND STATE JERSEY NEW RESERVES THIS PRICE. Ih^fjffSS^t -. 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696; (201) 623-3363 (516)542-1030(914)684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 . w REMEMBER: THE LAST DAY TO SAVE OFF THE PRICE IS : m JT A nnTY/%/ \/|Ak| H/ll XT JLtiXWx M.K JU\3 S \3\3 •' X*lUXf* d\L\ S ©1986 BAR BRI March 12, 1986 The Opinion 13 �In The Public Interest Selects Five Articles; Ten Libraries Request Full Sets of Back Issues by Mary Hurley During the fall semester. In the Public Interest staff members, Jeanne Waldman and Molly Dwyer mailed close to 300 copies of the last issue of the journal to all law school libraries in the United States and to a list of public interest organizations provided by the Career Development Office. The mailing was funded by the Dean's Office. Almost one-third of the recipients returned an enclosure saying they would be interested in receiving the journal on an annual basis. Ten libraries wrote requesting full sets of back issues. You can now find all six issues of In the Public Interest in the stacks of the Stanford Law Library, among others. In addition to providing the staff with some idea of the interest there might be in subscriptions to the magazine, the increased circulation should encourage students to submit seminar papers for publication. This year the numberof articles received and considered for publication doubled. In January, professors received a letter asking them to encourage the authors of some of the best papers turned in for seminars to submit their papers to In the Public Interest. Thanks to Professor James Atleson, we received two papers from his seminar on Worker Ownership. Five articles have now been selected for publication. The decision was difficult because there were more good articles to choose from. Editorial Board members read all articles that were submitted and ranked them according to topic and quality of writing and research. Once the choices were narrowed down to five, editors worked with individual authors on improving the articles. Our office in Room 118 was equipped with the standard proofreading reference books this year, so this job was easier. The magazine is in production now and copies will be delivered to student mailboxes in April. More students are active in In the Public Interest this year. Along with Molly and Jeanne, Craig Watson, Maria Doti, Brett Gilbert and Sara Nichols have been involved in the publication process. But we still need a larger staff. It's not too late to work on In the Public Interest this year. Soon we'll be selecting replacements for Editors Steve Balmer and AWLS Discusses Plans by Kirsten Hertz The Association of Women Law Students (A.W.L.S.) restructured the internal leadership model in hopes of improving efficiency and opening lines of communication. The restructuring has accomplished both objectives, and as a result there has been an increase in programming and attendance. Currently there are five members of the Steering Committee: Kirsten Hertz, Robin Rosenberg, Sara Nichols, Cindy Fenishel and Lori Cohen. Vicki Argento is the group's trea- surer. Some of the highlights of the fall semester were: a potluck dinner, an interesting discussion at the Women Faculty Wine and Cheese, and participation in a conference on World NLG Invites Student Suggestions The Buffalo Chapter of the National Lawyers' Guild is comparatively young. In 1974,Guild members from across the country came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process, a Guild chapter was formed. After the Attica trials ended, the chapter continued. The Buffalo Guild strives to provide a forum where all members of the legal community can get to know one another and discuss politicallegal issues of importance to us. For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of tantamount importance to law, but not covered in the Buffalo law school curriculum. Currently, our major focus is to provide speakers and films of interest to the legal community in Buffalo. We are investigating the possibility of beginning a variety of projects geared towards providing services and/or information to law students, lawyers and others within the community. We encourage input and welcome all suggestions. If you are interested in beginning a Guild project, or working with the Guild in any capacity, drop us a note in room 118. Hunger. A.W.L.S. began the spring semester with a fundraiser at CPG's and proceeds are to be applied to our major annual event, the National Conference on Women and the Law. We had another potluck dinner in early February, and on February 20 we invited Judith Avner of the New York State Division of Women to speak about job possibilities in the public sector and the proposed Sex Equity in Education Act. Finally, we will be co-sponsoring a lecture by Mary Dunlap on April 7. Our major activity for the year is attendance at the National Conference on Women and the Law, which will be held from March 20-23 in Chicago. Fifteen wonren will be attending the April. We are Eligibility and collectibility are separate issues, explained Pigott. The applicant is going to get medical care. The question that remains once care is delivered is what the county is going to do about it. "What happens to the assets?" A different set of rules applies then, and debtor/creditor law is going to come into play a lot more, said Pigott. The financial pressures that are moulding this area are enormous, saidClark. The costs of medical care for the elderly are tremendous.This is placing great pressures on the family, so the need for Medicaid is in- creasing. On the other side, the pressures on government are also building. Taxpayers don't want to pay taxes. The Federal administration doesn't want to pay for human services. The DSS in the counties are pressured to deny aid in order to reduce their budgets. All this leads to enormous pressures on the counties to recover the money spent on Medicaid. And, predicted Clark, efforts to recover are going to increase. Clark offered a number of practical suggestions on how attorneys could help protect a client's assets including keeping a life estate, transferring property before the clientanticipates requiring medical assistance, creating a trust in the client's name, or insulating a transfer by setting aside in the process of scheduling speakers for next year, and are contemplating a spring election of steering committee members. Our office is located in Room 10 (basement) drop by or, alternatively, leave a note in our box on the third floor. — Elderly Convocation MUM**"*)®*!** msm 14 conference. The conference framework offers a selection of over 150 workshops, as well as small discussion groups and a keynote speaker. The conference is an excellent forum not only to meet other law students, but also to learn about new developments in the law that affect women. Following the conference, A.W.L.S. will give a presentation to the law school community in early ... continued from page 3 enough money so the client does not have to make an application for medical assistance until after the two year period. Gregory Stamm, of Stamm and Murray, proposed "something to think about in terms of the future of the estate practice." When a client comes to an attorney to do some planning for the future, "if you write a will you may never accomplish whatthe client wants. You should be planning to give away assets so when the client dies there's no estate," said Stamm. He cautioned, "Never deprive them of their assets but let them understand it's what they want to do anyway." Thomas P. Cleary, of Walsh and Cleary, served as the court appointed conservator of Taylor Caldwell's estate. He spoke on conservatorships, committees, and powers of attorney. Generally, the physical or mental impairmentfor which a conservator can be appointed can include "almost anything." However, before the court will take control away from the person who owns the assets, the conservatee has a right to be heard and be represented by counsel to determine whether a conservator is needed in the first place. Cleary also picked up on the advice offered by his copanelists and stressed that "it's very important to get out to your clients as the years come upon them so planning can be done. The true answer to con- Mary Hurley. The meeting will be advertised on posters and all students are welcome. At a recent meeting the staff discussed the proposal by Duane Barnes for a student writing competition which was printed in a recent issue of The Opinion. We feel that the growth of the staff and circulation of In the Public Interest can make it another viable writing and journal experience at ÜB. Students with similar goals should unite to achieve this al- ternative. Buffalo Labor Society To Hold Conference by Craig Atlas This semester the Buffalo Labor Relations Society has been involved with the community. On January 16, we were the guests of the Industrial Relations Research Association (IRRA) and the Labor Law Committee of the Erie County Bar Association at their annual joint dinner meeting. Thirteen UB law students were treated to a dinner at the Executive Hotel, where we heard three speakers (two from area law firms and one from the NLRB) discuss recent developments in labor law. The next dinner meeting of the IRRA will be held Thursday evening, March 20, at the Royal Knight in the Town of Ton- awanda. The program will focus on public sector labor relations, and law students are welcome to attend (there is a charge for the dinner). Our major project for the year will be a conference which is scheduled for Saturday, April 12 in the Moot Court Room. We are co-sponsoring it along with the National Lawyers Guild and various community and law school groups. The conference will address the problem of the relocation of jobs and industry from the Northeast (e.g., Trico Products Corp.) to the TexasMexico border. (For further information, see the related article on page 5.) Right to Life Assoc. Plans For Future The Law Student Right to Life Association, a group of law students concerned about the erosion of our society's and the law's respect for human life, was founded in the spring of 1985. Although relatively inactive this year, interest remains and students have been discussing the best way to confront these important issues here at UB Law School. One option is to have pro-life lawyers from the Buffalo area or from the public interest firm, servation of assets is for the lawyers to take the bold moves." Professor Kenneth Joyce, of UB Law School, approached the issue of counseling the elderly from a different standpoint. He discussed the "Right to Die and the Use of the Living Will." Joycepointed out that in New York we don't have any generally applicable statutory law that is directed to these ques- tions. A reason for this, offered Joyce, is the range of problems emotional, philosophical, religious, ethical, as well as — legal—that surround these areas. The decisional law is also very sparse in this area. Several state commissions are now involved in formulating policies to deal with these questions. The lunch following the convocation featured the presentation of the Jaeckle Award, the highest award given by theLaw School and the Law Alumni Association, to former dean of UB Law School Thomas E. Headrick. Steven Sample, President of the University, described Headrick as an individual "who combines the best attributes of the legal profession and the academic community and in that sense epitomizes the objectives and aspirations of this law school." Sample heralded Headrick's accomplishments and stated that during his tenure as dean, Headrick "led the school to new levels of na- Americans United for Life Legal Defense Fund in Chicago speak on the varied aspects of these issues. Hampered only slightly by being the only chartered organization in the law school to be denied funding, the Right to Life Association intends to remain and provide a vehicle for discussion and confronting these important issues. A meeting will be called soon for assessing the level of interest and to plan future projects. tional excellence." Paul Weaver, standing in for Edwin F. Jaeckle, presented the award to Headrick. "The law school has grown and improved in justabout every aspect of the school's operation" under Headrick, said Weaver. The award was inscribed to Headrick "in recognition of his significant contribution to the advancement of the law school. A gifted peVson with a human touch and extraordinary judgment, he provided the law school with outstanding leadership and direction during his tenure as dean. He attracted a high faculty, quality strengthened the educational program, and built firm bridges to the alumni, the bar, and the community." accepting Headrick, the award, commented, "This is really a humbling experience." He described a law school dean as "a coalition builder, a creator of an uneasy alliance fashioned among groups with often different aspirations for theschool." Headrick saluted ÜB's "tradition of openness and innovation, this marriage of past success to future improvement thathas been and is the source of the school's distinction and excellence." He modestly concluded that "to maintainand contribute to this tradition is the major challenge facing any dean and in all truththis award honors the driving spirit of the school, not an individual." �Affirmative Action approximately 5 percent. If they represent 20 percent of theparticipants in the competition, the offers would not be extended beyond approximately 10 percent." Both Hassett and Martin said they intend to go over the plan with law school officials but don't foresee any problems with it because "it tracks the plan used by thelaw school admissions committee" Martin said. Neither of the other plans ...• continued from naee I came as close to that used by the law school admissions committee, according to Hassett and Martin. "Proposal A" had called for the selection of a member to be based 40 percent upon course grades, 40 percent upon the written casenote and 20 percent upon a personal statement. "Proposal C" called for selection to be based 90 percent upon the written casenote and 10 percent upon a personal statement. Irving Shuman have to apply basic common sense." "The average entertainer has no idea about what the music business really is," James said. "And he doesn't really want to know. All they need is to make sure all their needs are taken care of lawyers do this." But Shuman said James provided him with a great deal of — help. "I really knew nothing of the entertainment business," Shtiman said. "I had to start by • •••••••a continued from page 4 learning all the terms, like 'gig.' But I was lucky because I was taught the music business, by someone in the business who knew every aspect of the business." James, who is involved in composing, producing, licensing and touring, said there is "more jive, more gloss in the entertainment business than any other business in the world." Which is why there is a need for "more integrity," according to James. "I -had been fed up with lawyers," he said, prior to his meeting with Shuman. "I had a lawyer working for me one time who was also working for a record company." Shuman pointed out the need for attorneys to avoid situations giving rise to conflicts of interest, especially in this area of law. "You have to remember you represent the client's interest; you don't represent you." PLianLseotdrgeDClb86 ays Photos by P*al Hammond I The Opinion schedule I | | ft i I follows: for the 1986 Spring Semester is as Copy Issue Deadline* 26:72 (Includes M0n.,3/17 Onion) 26:13 ft 27:1 Tues.,4/8 M0n.,4/21 Date of Layoutt Publication Thurs.,3/20 Wed.,3/26 Thurs.,4/10 Thurs.,4/25 Wed.,4/16 Wed.,4/30 I "Deadline is 12:00 noon. ) tLayout will be in The Opinion office, Room 724 O'Brian at 5:00 p.m. articles must be typed double-spaced. Submissions can be placed Ii All in the manila envelope outside The Opinion office. Room 724 O'Brian I Hall, or in mailbox #754. 189 Kenmore Avenue • Buffalo, NY 14223 RESUMES • BROCHURES POSTERS • NEWSLETTERS • 835-5587 LA W REVIEW CASENOTE COMPETITION First-year students are encouraged to participate in the Law Review Casenote Competition formarch 27andMay 16,1986. An informational meeting will be held Wednesday, March 12, 4:00 p.m., Room 106. All students who are considering entering the competition should attend theinformationalmeeting and one of theOPEN HOUSES scheduled for the week ofMarch 3-7. Selection for Law Review is NOTdeterminedsolely upon first-year grades. Casenote score alone can qualify you for membership. Questions? Call theLaw Review Office, 636-2059. CERTIORARI, CAREER PANELS a new journal devoted exclusively to law student research papers, is now accepting submissions Mark your calendar and attend our career information panels scheduled for March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas isreally about. Your individual questions are especially welcomed. for Spring publication. Students interested in submitting senior papers forconsideration should brine them to The Opinion office CORPORATE/TAX PRACTICE Thursday, March 13, 4:00 p.m., Room 109 Victor Gagliardi — Estate Tax, IRS In-House Counsel, CTG Joseph Makowski Catherine Wettlaufer — Tax Work in Private Practice Ellen Yost Corporate Work in Private Practice — — BANKING/FINANCIAL PLANNING Tuesday, March 18, 4:00 p.m., Room 108 In-House Counsel, Goldome Bob Edwards Banking Law in Private Practice Frank Heller Financial and Investment Planning Specialist Alan Vogt — — — <a PERSONALS *~ * ARE COMING! * Starting next week you can have your own message printed in The Opinion. Submit this tear sheet to Room 724 O'Brian by Monday, March 17 at 12:00 noon. Message: LABOR LAW Wednesday, March 26, 4:00 p.m., Room 109 John Collins — Union Representation Management Representation David Farmello Mark Pearce — NLRB Administrative Law Judge, NLRB Marilyn Zahm — — •March 12.1986 "T»l»OptnJon 15 �SPRING BREAK HAS ARRIVED!!! YOU CAN STILL $AYE IF YOU ENROLL IN THE JOSEPHSON-KLUWER BAR REVIEW COURSE THIS SPRING!! NEW YORK DOWNPAYMENT DISCOUNT* YOUR PRICE $ 50.00 $150.00 $725.00 *DART COUPON DOES NOT APPLY NEW JERSEY DOWNPAYMENT DISCOUNT w/COUPON YOUR PRICE $ 50.00 $100.00* $100.00** $175.00** $575.00 $500,00 *NOT APPLICABLE TO CLASS OF '86 "DISCOUNT INCLUDES $25.00 DART COUPON — MUST BE ATTACHED TO ENROLLMENT AGREEMENT PENNSYLVANIA DOWNPAYMENT DISCOUNT YOUR PRICE $ 50.00 $100.00* $ 75.00* $125.00* $675.00 $625.00 *DART COUPON DOES NOT APPLY SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US ... JOSEPHSON-KLUWER LEGAL EDUCATION CENTERS 10 East 21st Street New York, N.Y. 10010 The Opinion March 12, 1986 16 (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/12/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e7c3bf149826856e5cbdae8a061ae853.pdf 816d544a0ad1e03b649ae35262e88e67 PDF Text Text NATIONAL OPINION Dean Schlegel & Madonna Spawn Love Child; Scan Shocked and Outraged Volume 26. No. 12 2 H^l Ih^ljlJ I 7 I March 26, 1986 MARCUS FAILS BIGFOOT BABY La w Review Office Site of Black Mass —Supreme Court Rulings Read Backwards —High Priestess Flees ;Goats Saved by Freeman andMensch —Attempt to Conjure H's in Family Law Backfires Brimstone Scented F's Hurled from sth Floor — Pandemonium!!! Buffalo Model Finishes Dead Last in Miss USA Pageant — UB Stunned I me Ida Seen at Mall; Shoe Stores Empty 20 Crim Law Books Found in Dryers of Ellicott Complex Jimmy Hoffa Found In O'Brian Basement...and 3rdFloor.. .and 4th Floor . Termite Man Eats Library Shelves ■ . I Blood Stains Found on ElevatorFloors—Stigmata Epidemic Blamed ■■ Al Freeman — Lizard King A & iv Bursts into Jr lames IRS Demands Audit— Del Cotto Runs Amok Spontaneous Combustion! Dean Search Goes to South America, Expresses Doubt: Is Mengele Dead? Hoodman Returns Curses Vendacard I Linda Evans to Speak at Commencement, Marries Tom Headriek j Ms. Mensch's hand crocheted Afghan Alien Baby Born on Sixth Floor �Law School to Move to Legal Ghetto by "Peeps" Scribner TheTrustees of the State Uni- versity of New York today announced thatthe SUNY at Buf- falo Law School will move downtown next fall. In a statement released in Albany, the Trustees acknowledged that a desire to segregate the Law School from the rest of theUniversity was a prime consideration. The Trustees quoted extensively from a recent sociological study by UB Law Professor Chrales Mewing entitled "Buffalonic Modelism and theLaw," which noted that forced commingling of law students and normal students appears to be a "failed social experiment" based upon "outdated social science theory." The Mewing study also reported that thepre-1954 custom of isolating law students among their own kind in a "Center City Professionally Oriented Ambience Area," more commonly known as a legal ghetto, inculcated a "significantly higher degree of valuable upper middle-class consciousness and self esteem in an otherwise overly modest profession." The Trustees also noted that a move to a more prestigious address may help out a bit with the Gourman Report. Attempts to secure comments on the pending move downtown from the office of Temporary Part-Time Provisional Acting Dean John Begal were unsuccessful. But this reporter was able to locate the Momentary Standby, Would- Be Dean Pro Tern as he walked up and down Bailey Avenue with a sandwich sign reading "Academic Administrator Experience Wanted No Necessary Good Pay, Easy Hours." "What the hell do I know?" Begal was quoted as he passed out his handbills. "I only work here, for crying out loud, you think anyone tells me anything?" the Substitute Placeholding Interim Pretending To Be Dean For The Time Being Until Somebody Better Comes Along griped, apparently to himself. "I never wanted this stupid job anyway. Howwas I suppose to know that nobody else wanted it either? I'm no mindreader..." The Emergency Caretaker Non-Permanent Soon To Be Replaced Here Today and Gone Tomor- — — Scout Council Blows It, Still No Den Mother by Duane Barnes The following is a transcript of the meeting of the Den Mother Search Committee of the Amherst CubScout Council. The meeting took place over coffee on March 14, 1986. The members of the committee are: P.T. Palsgraf, distinguished lecturer in law at the State University; K.C. Fulcrum, distinguished lecturer in engineering at the State University; and CM. Planari, distinguished lecturer in biology at the State University. The State University is a distinguished school. The coffee was instant. Planari Does the committee want to re-discuss Penny Percival from Providence Avenue? Well, as I said last Palsgraf time, there is no question about her ability to toast marshmallows, but I can't see her as a den mother, too liberal, why, it would be like providing no leadership at all. Besides that, at Camp Wallaby last summer I'm told that she forgot the words to "Old MacDonald Had a Farm." What we need are some truly eminent candidates. Fulcrum I agree. The road to prominence is through eminence. Planari— No, no, X.C, I think you have that backwards, the road to eminence is through — — — prominence. — could help a kid who wants a merit badge in physics. Palsgraf — Me neither. Planari —Do they have merit badges in physics? Palsgraf I don't know. Planari —Also, I called one of her references. He conceded that she couldn't tie a double sheet bend. Palsgraf That's pretty serious Fulcrum —She probably wouldn't know a thermocouple if she saw one. Planari —And her canoeing was undistinguished. She can do a J-stroke but when she tried a double cross-over, she cracked her paddle. Palsgraf Let's face it, they don't make'em like they used — — — to. — Canoe paddles? Palsgraf — No, den mothers. I Planari can still remember dawn coming up at old Camp Watchahatchie with all of Den 146 standing beside their bunks at Parade Rest. Ah, that Greta Geretenschneider really knew how to run a camp! Planari We still have the matter of having Cub meetings conflict with football practice. Palsgraf Football practice? Planari Well. There's been such a problem in finding a den mother, some of our den members are now in high school. Palsgraf— Oh, that's right. But let's table that till our next meet- — — — Fulcrum Nuts to you, CM. Planari —Lets ask Palsgraf, lawyers are good at distinctions like that. ing. Palsgraf —The road to eminence Let's see The Planari Well, I guess that's it. road to prominence Tell I'm offto the lab to culture some you what. I'll think about it and PK 10 b. What are you doing get back to you next week. tonight, K.C.? Planari We have the applicaFulcrum I have to run downtion from a new candidate. town. I'm having my wine rack repaired. Palsgraf— Yes, Bernita Bly from Bennington Street. I see Planari— P.T.? she didn't take physics in High Palsgraf —Oh, whatthe hell. It's School. only five o'clock. I think I'll go Planari I hadn't noticed. home and write a learned Fulcrum I don't see how she treatise. The Opinion March 26,1986 .. .. — —— 2 — — row Ephemeral Interloper Lame Duck Administrator then wandered away to stick more of his flyers onto the windshields of parked cars. Meanwhile, a press release by UB President and Resident All Around Nice Guy Stephen Simple state how "delighted" he was that this "occasionally delicate" situation has been resolved "in everybody's best in- terest." But a follow-up statement Provost University from Generalissimo William Grin- demup stated "Ha! Good Riddance! Now maybe you'll leave me alone so that I can get some work done! Every time I turned around it's 'when are we gonna get a Dean, when are we gonna get a Dean?' Well, let me tell you, Buster, you'll get a Dean when I am good and ready to givey you a Dean, so there! And stop hassling me about the leaky roof!" The Trustees specifically statedthatthe impending move downtown was not influenced by the year long campaign of academic terror waged by the Parlor Liberation Battalion, also known as the Parlorists. But the organization claimed major responsibility for the relocation. This reporter was allowed a secret meeting with a hooded Parlorist spokesthing behind the basement lockers of what the group repeatedly refers to as the "so called law school." clandestine "This is a great day for our cause," said the masked representative. "We've of course been saying for years that due to infiltration by sub-human undergraduate juveniles, not to mention the lack of parking, that this 'so called law school' had to be liberated from Amherst." The organization also disputes charges by Public Safety Officials and the FBI that Parlorists have brutally annoyed at least 274 undergraduates. "Sure, we've annoyed a few who have gotten out of hand. But everytime an O'Brian locker door is slammed, every time a Physics book is accidently knocked over in the law library. continued on page 15 SCRaT Scorches Sample; Still Seethes Over School Smackers by Krista Hughes Over 33 angry law students rallied in Founders' Plaza on Tuesday, burning Steven Sample in effigy and demanding higher tuitions. The rally, organized by the Student Committee to Raise Tuition (SCRaT), was the first of several such protests planned for this semester. Student protest against the low tuition at UB Law School had been subdued for some time, but as one student representative of SCRaT remarked, "The last straw was when we got our spring bills and the payments were no higher than they were last fall. That makes us mad." SCRaT was organized at the beginning of September with the goal of peacefully encouraging SUNY in Albany to raise the law school'stuition by spring. If this endeavor were to fail, more vigorous rallying would be planned. The latest wave of campaigning began immediately after students received their spring tuition bills, with the bulk of the activity being directed by SCRaT, whose membership has increased from 3 in September to its current total of 25 members. However, "a lot of people still don't know who we are," stated one of thethree founding members at an impromptu press conference after the rally. "That's why we have to make a lot of noise by holding largescale rallies and protests. Our major concern right now is to get the attention of the students, because the more people we get to join and participate, the sooner we can plan on getting our tuition hike." When asked what they hope to accomplish by a tuition raise, the three founders were incredulous: "It's what the students want. The sad thing is that no one ever wants to get their hands dirty and do anything about it. They'll all just sit back and let the entire school pay a lot less than they have to. I want a good legal education and I want to pay for it." An additional incentive for raising tuition is the possible securement of a permanent dean. Stated one SCRaT member, "Other law schools have full-time deans. That's because they pay more." However, members of the Dean Search Committee have refused to comment on the extent to which higher tuitions might affect the acquisition of a permanent dean. Another SCRaT member advised, "Look at the Gourman report. All of the schools that are ranked higher than UB Columbia, Cornell, Fordham, Albany They all pay more than we do. In fact, the three that passed us in the report all had recent tuition hikes. That should be enough of an incentive to raise our tuition even more." This was the spirit that reverberated throughout Tuesday's rally. A few students began gathering as early as 9:00 in the morning, but the greatest attendance was recorded around noon, "That's when Steve Sample sits down to lunch and looks out the window," said one of the rally's or- — — ganizers. The rally was essentially continued on page /5 Sabotage Rocks Dean Search; Marcus Torture Techniques Elicit Confessions by Woodward and Sternstein Faculty members supportive of Acting Dean John Henry Schlegel have been sabotaging the search for a new law school dean, a source close to the Dean Search Committee alleged last week in an interview with The National Opinion. Requesting anonymity, the source said that committee members have complained of frequent break-ins to their offices, theft of candidates' resumes, destruction of lists of nominees and intimidation of both committee members and dean candidates. "The committee suspects thatcertain liberal faculty members have been engaging in these activities to thwart the search for a new dean, in an effort to keep Schlegel as permanent dean," the source said. "Those involved wish to see Schlegel become permanent dean because they do not think anyone else could possibly be more critical of traditional legal education than he." According to one member of the committee, who also requested that his name be withheld, the saboteurs "destroyed a master list of 91 candidates whom the committee planned to interview this year, and threatened the lives of the three candidates who did interview here, causing them all to withdraw their names from consideration." Claiming that he has no interest whatsoever in .becoming permanent dean, Acting Dean Schlegel denied any involvement on his part in the faculty scandal. "Why are those Volga boatpullers doing this for, uh, I - mean to, me," Schlegel said. "I don't even want this job anymore— it's like being a junior high school principal." Schlegel said that students can "rest assured" that those faculty memberswho are found to have participated in the scandal will be "promptly sent home to their mommies." News ofthe faculty's scandal, which is being dubbed 'Candidategate', follows closely on the heels of 'ExamScam', an alleged cheating scandal on the continued on page 15 Woodward and Sternstein: uncovering "Candidalegale" scandal. �THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 26, No. 12 March 26, 1986 Trubek Withdraws Name From Consideration; Search Committee Disbands, Interim Dean Sought by Jeff H. Stern Dean Candidate Louise Trubek has withdrawn her name from consideration for the deanship, leaving the Dean Search Committee with "no remaining viable candidates," law school administrators told The Opinion. In addition. University Provost William Greiner has disbanded the Committee and discontinuedthesearch for outside candidates, the administrators said. "We have to drop back ten, regroup, and figure out what to do next," Acting Dean John Henry Schlegel said. "We are trying to work out an interim arrangement with someone from within the law school who will take over for the next three years," Schlegel said, adding that the search for outside candidates will not be resumed for at least "another three years." Schlegel would not comment on whether or not he would assume the three year "interim" deanship next fall, and refused to speculate as to who else within the school might be interested. Assistant Dean of Admissions and Student Affairs Steve Wickmark said that ata meeting on March 14th, Greiner informed the Faculty that Trubek, who visited here March 3rd and 4th, had -withdrawn her candidacy for the deanship. According to Wickmark, Trubek decided to withdraw because "for whatever reasons she just didn't feel she'd be able to do what shehad in mind for the law school." Faculty members supportive of Trubek's candidacy, however, are rumored to believe that Trubek actually wanted theposition, but mayhave been unduly pressured to withdraw by certain University adminis- ... . trators. "I'm upset and angry" over surrounding the events Trubek's withdrawal, said one law professor, a supporter of Trubek. "I think we've lost a great opportunity." Wickmark acknowledged that Trubek "had a lot of support from a lot of sectors." Asked why Trubek removed' herself from consideration, Schlegel initially responded that he did not know. When pressed further on the matter, however, Schlegel conceded that she had been "counseled to do so." Questioned whether or not undue pressure was exerted on Trubek to withdraw, Schlegel said only that he "could understand how someone could think that." University Provost William Greiner could not be reached for comment, but Dr. Judith Albino, an Associate Provost, said that there "certainly was no pressure on [Trubek]" to withdraw. "I don't think any of us can say precisely why she withdrew," Albino said. After visiting here "she decided it wasn't the position she wanted at this time." Both Wickmark and Schlegel said that Trubek's withdrawal was unconnected to the Faculty's failure to hire her husband, faculty candidate David Trubek, as professor (see related story). Wickmark noted that Trubek's withdrawal came before the Faculty ever voted on either one of their candidacies. Wickmark expressed disappointment over Trubeck's withdrawal. "We spent two years and it was just not in the cards to find the kind of dean that everybody wanted at this point, and when Louise pulled out we were left... basically with no remaining viable candidates, he said. But Wickmark defended the work of the Search Committee. "We were looking for a very specific type -of dean and there was a finite pool of people who, number one, were interested in the school, and. . number two, the school was inI mean, you had terested in to have both." Wickmark explained that the Committee "contacted scores of strong, viable candidatesand spent time trying to persuade people to be the dean here it wasn't like we just sat and waited for people to send us resumes. We worked pretty hard." Wickmark said that "people ... ... who are very good scholars, very successful faculty mem- bers are reluctant to give up the research and teaching that's their career to go in and do the administrative work." Although these people are the most desirable dean candidates they are "also the hardest people to convince io quit doing what they are doing and be dean," Wickmark explained. "Just to put somebody in the . position just to say 'we did it' I think would be the wrong nobody would be happy with that and I think the school has the responsibility to make sure they get the right way person." Nevertheless, the unsuccessful dean search was "a frustrating thing to have gone through for two years," Wickmark said. Kannar Joins Law Faculty ; Second New Prof, to be Hired by Jeff H. Stern The law school Faculty appointed a new professor Friday, March 14th, bringing to a close its hiring agenda for this year. George Kannar, a Harvard Law School alumnus and American Civil Liberties Union (ACLU) attorney, will join the Faculty in January, 1987,Acting Dean John Henry Schlegel said. Kannar's teaching interests include evidence, criminal procedure, constitutional law and jurisprudence. Schlegel said Kannar is "a real neat guy... a sensible gentleman with a great deal of [United States] Supreme Court experience." Last year, Kannar argued four cases before the nation's highest court, "one involving the two spies that got traded with [Soviet dissident Anatoly] Shcharansky," Schlegel said. Kannar is the second new professor hired by the Faculty this semester. Last month Victor Thuronyi, a tax attorney for the U.S. Treasury Department, was appointed as tax professor commencing next fall. Originally, the Faculty had planned to hire a total of three new law professors. However, Schlegel noted that it now appears that two new appoint- ments are "all there's going to be" this year. Kannar, who visited the law school for interviews February 6th, was quoted in the February 26th issue of The Opinion as saying "traditional models of doctrinal indoctrination are usually overstated and overemphasized" in legal education. "The Buffalo Model approach that does things in a more intellectually stimulating, interesting way is not only more fun in and of itself, but... is probably more worthwhileand probably, in the long run, a better legal education," Kannar said. Joyce Taking One Year Leave by Peter Scribner "It's not likely that I would want to be at the Commission for the rest of my life," he said, "but it might befun for a while." Teaching, however, remains ÜB. UB Law Professor Ken Joyce will be taking a one year leave of absence (without pay) next year to work full-time as Research Director of the NewYork State Law Review Commission in Albany. Joyce has been working with the Commission part time for over a year now. Last semester, he took a sabbatical (with pay) to work there fulltime, and this semester he has been spending the first part of each week in Albany. Joyce says he will make a his first love. Professor Ken Joyce. Photo by Pmul Hammond permanant decision next year as to whether he will stay with the Commission or return to "Working with the Commission is stimulating, but frustrating. Teaching is stimulating without being frustrating. You have control in the classroom, unlike working with the state legislature." Joyce said that he would not resign from the UB faculty un continued on page 10 L. Rev. Affirmative Action Plan Elicits Enthusiasm by Paul W. Kullman While feelings are mixed as to whether the Buffalo Law Review's recent adoption of an affirmative action plan will result in any stigmatization of minorities, one thing is clear: that issue has failed to dampen the enthusiasm shared by most members of the minority and Law Review communities. "I'm elated," said secondyear law student Mark Pollard." I'm feeling very good right now." The former president of the Black Law StudentsAssociation said most people he knows are excited about the plan, "And I hear more minorities talk of participating in the competition this year." Pollard said he doesn't think the plan will stigmatize minorities, but added that even if it should have that effect, "Stigmas can't stop progress." The plan, overwhelmingly adopted by the Law Review on Friday, February 24, provides for the creation of a special applicant pool. To be eligible for the pool, competitors must submit an anonymous personal statement. Any competitor may submit such a statement in an attempt to enter the pool. However, according to Section 19(b) of the plan, thepool is designed to ensure there will be "rep- resentation of racial minorities and economically disadvantaged or otherwise handicapped students" on Law Review. Competitors' course grades and written casenotes will still be weighted 50-50, with bids being extended to the top 10 percent of all competitors, according the Law Review Editorin-Chief Karen Hassett. But after this initial selection, "We're going to see if the percentage of minorities who made it is representative of those who tried out or representative of the law school at large," she said. If it isn't, according to Hassett, bids will be extended to the top-rated competitors who were allowed into the special applicant pool. Such bids will be apportioned on a basis equivalent to the percentage of minority students who either entered the competition or who comprise the law student body. Hassett said the plan is not a he is "more concerned with quota system and thereshouldn't be any problems with it be- progress than stigmas." Sam Rodriguez, president of the Latin, Asian and Native cause it "closely tracks the admissions policy of the law school." Third-year law student Ed Peace, a member of BLSA who acted as an unofficial liaisonbetween members of the minority community and the Law Review, said: "If you look at the law school as a whole, it is assumed by a sizeable number of students thatthe only discretionary admittance of law students is for Legal Methods students. But this isn't true. In reality, 60 to 70 percent of students are admitted on a discretionary basis." Peace, like Pollard, sees the plan as a positive step and said American Law Students Associcontinued on page 10 Inside ... Grade Analysis Longmire Trial Editorials Boy Mechanic Poetry Reasonableman Gumby .. .. .. . 5 6 8 9 12 13 15 .. .and much, much more! M«rch26,1986 TheOpinion 3 �Career Panel Stresses Tax Law Opportunities by Krista Hughes The Career Development Of- to select a return for audit." First year attorneys are generally given a file of cases from which they select a case and prepare it for court by researching the Federal and State Law, although virtually all cases are settled before going to court. "Client" contact is restricted to discussions with attorneys or trust officers of banks, rather than with the actual executors fice continued its series of Career Panel Discussions when four local attorneys spoke on the subject of Corporate/Tax Practice on Thursday, March 13. The attorneys, all members of the UB Law School Alumni Association, spoke of their own experiences in Tax and Corporate Law, experiences which include private practice, corporate in-house counsel, and working for the government. The first speaker was Victor Gagliardi, an estate tax attorney of estates who generally hire representatives. Starting salaries with the IRS are approximately $21,800, with regular increases and the possibility of eventually becoming a "grade 13" employee at a salary of over $48,000. Unfortunately, according to Gagliardi, there are no openings at the present time in the Buffalo district, although there are openings in other districts within the state. Private practice in Corporate Law was represented by Ellen Yost, an associate with thefirm of Jaeckle, Fleischmann & Mugel. Yost works in the Corporate and Tax Division, although all of her work is in Corporate for the Internal Revenue Service. Gagliardi discussed the various aspects of his position in the IRS in the Estate Tax and Gift Tax Division. Among the "good points" he listed is "flexi-time," whereby he is required to work 40 hours a week, but not necessarily in 9-5 blocks. No overtime or weekend work is expected, and his job involves no trial work at all. Day-to-day routine in the Estate and Gift Tax Division includes selecting the tax returns which will be audited. Returns are hand-selected from all of the returns submitted in the Buffalo district, which extends from Buffalo to Herkimer, New York. Selection of returns is Law. Mrs. Yost stressed the di- versity of the corporate law field because it represents "everything that is left over," after Estates, Tax, and other fields of law. Regarding the first year in corporate law practice, Yost made by senior attorneys because "not everyone classifies says that is "a little discouraging because you spend a lot of time feeling like you have to get 'up to snuff'" Her first year with the firm involved very little client contact and a lot of docupreparation in which there is a need for precision which must be learned by trial ment and error. After the first year there is considerably more client contact, including a lot of time spent on the telephone. Yost has found that her particular area of practice is not very adversarial, and overtime is generally required, but the diversity of concerns makes the work very interesting. The most important requirement, Yost remarks, is to be able to "keep a lot of balls in the air" and to be "curious about a lotof things." The third speaker on the panel was Joseph Makowski, In-House Counsel for the Computer Task Group (CTG). Makowski sees the field of corporate law as "an opportunity area." He foresees law school graduates looking to corpora- tions as the "employers of the future" because "the shrinking of revenue bases in law firms is making law firms less attractive as vehicles by which to launch a career." In return, corporations are finding in-house counsel to be more and more attractive be- cause "businessmen have decided that they are not going to cartefund legal affairs blanche" and are looking more closely at cost-efficiency. Also, "lawyers provide a creativeand intellectual thought process that can help drive an organiza- tion in an information-driven economy." Functionally, Makowski's job is diverse. He essentially "helps drive deals" by putting the business people at CTG together with the business people with whom CTG deals, and helping them achieve a workable and efficient transaction. In-house counsels have a "unique opportunity" because of their proximity to do preventive law rather than curative law, and they serve as a kind of bridge between the corporation's outside counsel and the corporation itself. Any law student who is interested in in-house counsel work, Mr. Makowski says, should be interested in business and enjoy dealing with making money. Makowski also advises that any interested person should "pick an industry" rather than a "place to work" in order to achieve maximum desirability for a company in the industry. The final speaker on the Career Panel was a member of . UB Law School's Class of 1985, Catherine Wettlaufer, a tax attorney in private practice with Saperston, Day, Lustig, Gallick, Kirshner & Gaglione. It is a "large regional business" which maintains "many vestiges of a small firm." In her 7 months with the firm Wettlaufer hasfound that there is more client contact and court work than Mrs. Yost experienced in her first year. Wettlaufer deals with estates and trusts, securities, and taxes, and finds that she faces "many interesting challenges." She, like Yost, spends a lot of time drafting documents, which is "a painful process to learn." The problem for starting lawyers is "not a lack of skills, but a lack of exposure, and the most important thing is not to be afraid to make mistakes. Wettlaufer advises those seeking jobs to "find a place where people are willing to teach you." The aim of these Career Panels is to give interested students an idea of the day-to-day routine of various types of legal practices, and they strive to present a wide range of options. Future panels will deal with Banking and Financial Planning, and Labor Law. All students are invited to attend. HelpLacking forNontraditional Career Seekers by Susan Clerc Were you lured into law school with the promise that there's more to do with a law degree than practice law? Are you beginning to realize that a lifetime of eye-strain and papershuffling is not for you? Do you wonder what your options are? Get ready for a disappointment. Unless you have an aptitude for helped him in his business. graduates, Nina Cascio, audio-visual librarian at the law library, also partners to be C.P.A.'s and employees to have accounting degrees. If it's too late for you to start working on another degree and you have no idea as to the kind of job you would like, the sole sources of informationfrom the Career Development Office (CDO) are career panels and a worked in her profession before obtaining a law degree. Law librarians are required to have an M.L.S (Master of Library Science) but not a J.D. Cascio went to law school "more for the intellectual satisfaction" of knowing what she was looking up than out of need for a degree. However, university law libraries are beginning to demand J.D.s for law librarian positions and they are necessary for administrative posts. A law student interested in this field could get an M.L.S. in 18 months. Other nontraditional fields are also require aditional degrees or training. Educational business or are already working in a field you want to go into after law school, your options are limited. Most people who go into nontraditional careers work at them before or during law school and enter law school without an intentionto practice. Steve Berlin, a 1984 UB graduate, runs a financial planning company he worked for before and during his law school days. Berlin stated that he didn'tneed a J.D. but several tax and real estate courses have positions require a Ph.D. or legal experience. Jobs in accounting firms, the most popular alternative among SPECIAL! IMPnMF S^r^S FOR STUDENTS dril^Se) & FACULTY With this ad... PACKAGE OF 50! Includes x 11, Typeset 1 pg. resumes Matching Blank Sheets •• 50 • 50 Matching Blank Envelopes (BV2 black ink) CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! SAVE $5.00 NOW 3 DAY SERVICE Expires 4/30/86 Save this coupon. — Serving North & South Campusesl 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda. NY 14150 Buffalo. NY 14214 834-7046 4 635-0100 The Opinion March 26,1986 UB want potential book entitled Nonlegal Careers for Lawyers in the Private Sector. These can be helpful if you are interested in business because, even though an M.B.A. or undergraduate business degree is not necessary for most jobs discussed, some business background will be useful. The problem with both the book and the panels is that the kinds of work described are neither nonlegal nor nontraditional and are unlikely to appeal to students seeking an escape from law. The majority of opportunities, both in the book and in life, are in insurance companies, banks, and acounting firms, and involve lawyerlike tasks such as negotiating contracts and advising management of legal ramifications of recent legislation. Since many law graduates enter corporations as a matter of routine and the work is merely specialized law, "nonlegal" and "non- traditional" are misnomers. What hope exists for those who don't want to practice law and aren't interested in business? Not much. The chief advice given at CDO is to consider the skills you have learned at law school and realize that they apply to many areas of endeavor. The skills are persuasiveness, the ability to analyze facts, and the ability to understand and translate legal ter- minology. According to CDO director Audrey Koscielniak, many employers are looking for these skills, but are not aware thatlaw students have them, so they don't advertise for law graduates. "It's up to the stu- dent," says Koscielniak, "to sell him/herself." The idea of assessing skills should sound uncomfortably familiar to those who have undergraduate majors in humanities or social sciences. It means now what it meant then: you're on your own. If you have no experience in another profession and no degree that can be profitably combined with a J.D., there are two paths open to you, the Federal Bureau of Investigation (FBI) and legal publishing. The FBI recruits on-campus and all you need is a law degree and two years undergraduate work. Should you chose to accept this mission, you will be sent to Agent school for 16 weeks in Quantico, Va. When will be a you emerge you special agent. Don't be too impressed; to the FBI, all agents are special. Legal publishing houses rarely come on-campus but they do sometimes usethe CDO newsletter to solicit employees. Publishers are usually looking for editors or sales representatives. It isn't clear what exactly sales reps do, but editors review and dissect cases. One last straw at which to grasp is the Career Planning Office (CPO) in Capen Hall. It's open to all university students and has advisers, books, and computer programs that might suggest more alternatives. CPO also runs on-campus interviews with a broad range of private and public organizations. If you already know what you're going to do and have taken preparatory steps, or if you would like a career in business, what little information there is on nontraditional careers is aimed at you and might help you if you need it. But you probably don't need it. If you have no idea about what you want to do except not practic law, there is little practical help for you although you need it. Considering the rampant job dissatisfaction in the profession and the much-proclaimed glut of lawyers in the market, the lack of information is incomprehensible. CUNY Law School to Sponsor Summer Program in Havana, Cuba by Alberto M. Benitez The Inter-American Com- parative Law Institute, at CUNY Law School, is sponsoring a Summer 1986 comparative law program for U.S. law students and professors at the University ofHavanaSchool of Law, Cuba. The program is scheduled to be in Havana from June 9 to June 30. Courses to be offered will be divided into an introduction to Cuban law, and a sub- stantive focus on Criminal Law, Family Law, and Constitutional Law. Total cost, which includes room, board, and roundtrip airfare from Miami, is $700. Program applications should be obtained from the Institute immediately. Applications must be postmarked back to the Institute by April 11, 1986. The Institute's address is: The Inter-American Comparative Law Institute, Inc. c/o The Executive Committee 200-01 42nd Avenue Bayside, New York 11361 (718) 357-7584, ext. 63 �Grade Survey IndicatesReform Needed by Victor R. Siclari, Editor in Chief On March 6th & 7th of last year, theStudent Bar Association held a referendum on the H-Q»-Q-D-F grading system in effect at UB Law School. The question posed to the students was: "Are you satisfied with the current grading system?" The student response was 218 "Yes" and 158 "No," a 59-41 percentage split. While the referendum was.non-binding, it did indicate a rather large feeling of discontent among the student body for the present grading system. After the election, The Opinion compiled a table which listed the instructor, course and breakdown ofnumber of grades for each class. In an effort to determine whetherthere has been any discernable differences from the grades given out in the fall of 1984 and fall of 1985, The Opinion has again tabulated the accompanying chart. The primary purpose is not to inform the student which instructor gives out the most "H" 's (although many students will utilize thee chart in this manner), but to give the students, instructors and administration alike an opportunity to evaluate one instructor in relation to other instructors and to the faculty as a whole. Hopefully, this will provide all those concerned with some insight as to the status of our grading system and whether it effectuates its purpose. Methodology The accompanying table charts the instructors alphabetically, the course(s) they taught, and the grades they assigned for that class. The average was determined by correlating point scores with the letter grades. An "H" was given a value of 4, a "Q" a 3, a "D" a 2, and an "F" a 1, in order to try to attaifTsome of the numerical precision that is available from the more traditional system based on the 4.0 scale. "Q*" 's were given a value of 3.5, "H*" 's were combined with "H*" 's and "D*" 's were combined with "D" 's. The average was determined by multiplying the number of letter grades by the point value for that grade. The scores were totalled and the average was found by dividing the total point score by the total number of grades distributed in the law class. An analysis of the averages and the method by which they are obtained indicates thatthe closer an average is to 4, the more "lenient," and conversely the closer to 1 the more "difficult," the instructor is as a grader. Grades which reflect a "bell curve" distribution ideally would have an average of about 3.0, since a "QW" equals a 3.0 and it is the median of the grading system. However, an examination of the actual grades given shows that the mean average for the school is 3.26. The drawbacks in this methodology are several: it fails to include the grades of certain courses which have not yet been posted as well as grades of courses which were posted but have been taken down and are not availablefrom the Admissions & Records Office (such as DelCotto's Tax I, Reis' Property II and Birzon's Evidence classes). Also, the assignment of numerical value to letter grades it not truly indicative of the weight given to such grades. Nevertheless, scientific certainty can never be achieved with a grading system which evaluates essay exams. Chart compiled by Charles E. Telford & Victor R. Siclari Instructor Albert Albert Atleson Atleson Avery Avery Bennett Berger Berger Binder Binder Blum Blum Carr Carr DelCotto Ellis Ewing Ewing Freeman Gerken Gerken Hager Halpern Halpern Headrick Headrick Hyman Joyce Kaplan Katz Katz Konefsky Konefsky Lamb Leary Leary Lindgren Lindgren Course Administrative Law Law & Medicine Problems in Labor Law Worker Participation & Ownership Family Transactions Labor Law Tax I Civil Procedure Research & Writing Criminal Law Rimar Rimar Scales-Trent Scales-Trent Schlegel Schofield 8 14 21 14 32 12 2 .... Criminal Law Psychology & Criminal Law Constitutional Law Issues in NY Family Law Lawyer-Client Clinic Lawyer-Client Clinic Evidentiary Problems 21 9 20 8 11 1 4 10 State & Local Gov't. Law Practice Criminal Law Sovereignty Surv & Norm Contracts Legal Profession Judicial Process Law & Cultural Pluralism Public International Law Contracts Structure of Statute .... 19 7 .... 1 2 5 4 12 8 18 Iliwn 9 1 3.28 4 7 5 3.15 3.11 3.38 3.13 10 50 27 122 2 31 11 76 12 78 2 1 49 1 59 3 3.31 3.63 3.15 3.00 3.24 3.45 3.16 3.40 3.12 4.00 7 4 3.67 3.85 1 2 3.13 3.00 3.22 3.70 4 3.55 1 1 56 6 7 9 4.00 3.63 2.97 7 1 2 1 3.27 1 4 7 59 7(1-D*J 6 . ... Independent Study Environmental Quality Problem Int'l Protection of Human Rights 9 11 1 3 1 1 47 20 1 8 3 2 1 1 10 34 4 5 5 5 1 12 8 22 3 45 38 56 9 61 49 4 1 2 39 47 16 jj 40 ■ 3 61 61 26 2— 894 27 111 4 1663 65 3.36 3.39 3.00 3.54 4 21 1 13 9 12 , 3.33 3.74 3.40 20 5 Municipal Law Fundamental Independent Study ■ Avg. 3.10 3.10 F D 5 6 , Lawyer-Client Clinic Constitutional Law II Racism & the Law Sales & Secured Transactions (sr». oniv> N.Y. Practice Soc. of Juvenile Justice Singer Spiegelman Civil Procedure Spiegelman Research & Writing Corporations Steinfeld N.Y. Practice Sullivan Family Law Swartz Trial Technique 7imm.rm«n Counseling Small Business TOTAL GRADES 2S49 As ■ Percentage Q 42 9 1 2 6 69 67 65 52 77 4.00 13 9 18 Independent Study Corporations Intro, to Policy Studies ia&b Grades) Introduction to Legal Methods Independent Study Mensch Reis 2 6 11 21 Independent Study Corporate Tax Early Amer. Constitutional History School Law 11 1 18hh-> 48 Contracts Newhouse Newhouse Reis .... Independent Study Meidinger Munger . Civit Procedure Research & Writing Criminal Procedure Independent Study Plant Closings 8t Law Property Mann Marcus Q» H 3.47 3.05 3.60 4.00 3.00 3.21 3.18 3.17 3.50 3.30 4.00 3.58 3.64 3.33 3.10 1 1 1 3 4 78 3 3 *= 3.40 3.00 3.31 3.73 3.45 3.55 3.26 2.98 3.17 3.50 3-43 3.28 Analysis 1)Of the 2549 grades given out having H-Q»-Q-D-F values, 31.5% (805) were either as Q* or H (and H*). Last year, the analysis was based on 2872 grades and the percentage was 30%. 2) Only 3% of the grades were a D or F (less than .1% received an F). This reflects a decrease from last year's 5.4%. 3 ) Of the 62 instructors who posted grades as oflast Wednesday (March 19) (including independent study and clinics), 38 (61%) did not issue any grade lower than a Q. Last year it was 33 out of 60 instructors (55%). 4) For the 1231 grades issued by these 38 instructors 376 (30.5%) were H's, 85 (7%) were Q*'s, 770 (62.5%) were Q's. Last year, the figures were 33%, 7% and 60%, respectively. These 38 instructors also accounted for 54% of the total number of H's, 77% ofall Q*'s, and 46% of all Q's, despite issuing only 48% of the total grades for thefall semester. Last year's figures were 47%, 75%, and 48%, respectively, out of 37% of the total grades issued. 5) The remaining 24 instructors were responsible for 1318 individual grades of which 318 (24%) were H's, 26 (2%) were Q»'s, 893 (68%) were Q's, 78 (6%) were D's and 3 (.2%) were F's. Last year, there were 27 such instructors out of 60 with respective percentages of 22%, 2%, 67%, 8% and 1%. These 24 instructors also accounted for 46% of the total number of H's, 23% of Q*'s, 54% of Q's and 100% of D's and F's, but account for 52% of the total grades issued. 6) The average class size for the 38 instructors was 32 students with a grade breakdown of an average of 10 H's, 2 Q*'s, and 20 Q's, while the average class size for the other 24 instructors was 55 students of which an average of 13 H's, 1 Q*, 37 Q's, 3 D's and 1/8 F's. 7) Of the 62 instructors, 38 had an average at or above the mean of 3.26; 24 were below the mean. The averages ranged from 4.00 (mostly independent study classes of less than 3 students) to 2.97. Only two instructors had an average below the "ideal" mean 3.00, whilethe remaining 60 were at or above such mean. Furthermore, 20 classes (about one-third) were at or above a 3.50 average. In comparison, last year's mean was 3.19, of which 35 instructors were at or above the mean and 25 were below. The averages ranged from 4.00 to 2.77. Only 4 instructors were below the "ideal" mean of 3.00 and the remaining 56 instructors were at or above such mean. Only 16 instructors were at or above a 3.50 average. Commentary Taking into account the drawbacks stated of the analysis, there are several conclusions which can be drawn based on a comparison with last year's analysis, whose methodology is consistent with this year's analysis. First, there is an inflation in the grading from last year. The average mean has increased from 3.19 to 3.26 despite the fact that this year's analysis includes two more instructors in the survey. In addition, even though this year's average mean is higher, there were three more instructors above the mean. Furthermore, last year there were only 16instructors at or above 3.50 while this year there are 20. This grade inflation is also accentuated by the fewer number of D and F grades. Last year, there were 147 D's and 12 F's out of a total of 2872 grades, which translates into a percentage of 5% and .4%, respectively. This year, there are only 78 D's and 3 F's or 3% and .1%, respectively. Also, 61% of the instructors this year did not issue any grade lower than a Q while last year the figure was 55%. Alternately, last year 4 instructors were below the "ideal" mean of 3.00 while this year only 2 were below it. Other comDarisons of figures yield the same conclusion. Last year, 30% of the grades were a Q* or higher while this year that percentage has increased to 31.5%. On the other end of the spectrum, 5.4% of the grades were D or lower last year while this year the figure is 3.1%. Looking at the middle of the spectrum, onefinds that 64.8% of the grades last year were Q's, while this year the figure is 65.2%. Concededly, these figures are not conclusive since some grades are missing this year. But then again, some grades were missing last year. Also these figures will admittedly change if the rumored 20 to 40 students who cheated in Marcus' Family Law class are given D's or F's. However, this would reflect an aberration due to the special circumstances surrounding the final exam, and thus are better excluded from this analysis. Second, there is a problem, which exists concurrently with the grade inflation, with the distribution of grades. If the H-Q*-Q-D-F grading system is supposed to reflect some sort of "bell curve," it is far from perfection. If you were to chart the figures of 27% H's, 4% Q*'s, 65% Q's, 3% D's and .1% F's, you would see something more akin to a roller coaster. Concededly, many instructors' do not use the Q* grade, so perhaps this 4% should be lumped in with either the Q's or H's. However, even if this is done, the bell curve is heavy on the high side and extremely light on the low side. Thus, the answer begs the question: Do we want a grading system which reflects a perfect bell curve? If so, then this grading system is not achieving its purpose. On the other hand, if the grading system is designed to de-emphasize grades and allow the students to concentrate more on learning and understanding the materials, then perhaps this objective can be achieved more effectively with a Pass/Fail system. But then again, this system can suffer from the same problems which seem to exist in the present system: the average mean is too high. This is not to say that more people should be failed, but merely points out that the standard of "excellence" can be diluted to the point of insignificance. This is especially apparent with respect to one instructor whose combined number of H's for two classes exceeded the total number of Q's and D's he gave out. Finally, there is the problem that prospective employers have in understanding or diciphering our grading system. Too many times, students have to explain the grades on their transcript. While our system may benefit from its "uniqueness" or ability to be "innovative," these same advantages are also disadvantages. The question remains: What are we to do? Although I have no perfect solutions, I hope that this analysis has pointed out some problems in the system which should be addressed by the administration, the faculty and students. * less than .1 March 26,1986 The Opinion 5 �S. E. C. Lecture Gives Inside Info by Victor R. Siclari Ira Lee Sorkin, administrator of the New York regional office of the U.S. Securities and Ex- change Commission, gave some "inside information" to law students in a lecture at the UB Law School on March 7. Sorkin, a U.S. District Attorney for the Southern District of New York prior to joining the SEC, is a guest lecturer each year for Professor Roger Deitz Securities Regulations class and provides students with some insight to the functioning of one of the smallest but most important federal agencies.. The Securities and Exchange Commission (SEC) has about 1,850 employees scattered in nine regional offices: Atlanta, Boston, Chicago, Denver, Fort Worth, Los Angeles, New York City, Seattle and Arlington, Virginia. The NewYork office, with 10 per cent of the nation-wide staff, is a microcosm of the agency's headquarters located in Washington, D.C. However, the NewYorkoffice also has jurisdiction of almost 2,000registered investmentad2,000 registered visers; brokerage firms (not to mention the countless registered representatives employed by these firms); and 800 mutual funds with assets of over $100 billion; It also oversees the operation of the New York Stock Exchange (NYSEX), the American Stock Exchange (AMEX) and the National.Association of SecuritiesDealers (NASD-an independent self-regulatory agency established with authorization of the securities laws). In order to control all of these entities and keep watch over all the activities, the SEC is divided into divisions, each responsible for a particular section of the securities market: general counsel, corporate finance, en- forcement, investment management, and market regulation. However, each division cooperates with one another to create an integrated system of regulation which oversees the securities industry and provides protection to investors. The SEC attorneys are assisted in their jobs by various specialists on thestaff: examiners who examine books and records of firms to check their financial solvency and insure proper handling of customer funds; investigators who assist attorneys in enforcement; and financial analysts and accountants who review financial reports and required filing materials. Since the agency has a limited size that must deal with an exceedingly large industry, its primary objective becomes one of deterrence. The SEC achieves this goal "by bringing those cases that will send a message out that if you're caught, you'll get punished," says Sorkin. This objective has become increasingly difficult with the larger number of securities on the market and with the great surge in international trading of domestic securities. Sorkin "~sees'"~~lnle7nationaT trading as the biggest problem the SEC will face at the turn of the century because of the difficulty in tracking down violators. This is especially so as more foreigners register on the exchanges and more American corporations register on foreign markets. In addition, the requirements and regulations on trading vary with each country, making the job of this watchdog agency even more difficult. Countries such as Hong Kong, Switzerland and Panama, with their strict privacy laws, erect additional barriers for the SEC in tracking down violators of U.S. securities laws. As if these problems were not enough, there is serious discussion about extending hours of trading to 24-hours-a-day, which would put the SEC on a 24-hour alert. Sorkin discussed a number of ways with which the agency picks up information about potential offenders of the securities laws. Every day, the SEC receives telephone calls or complaint letters from the public. Sometimes it is an investor who is upset that he lost money when his stock dropped in price, but other times it can involve a broker who misrepresented to a customer that a certain company's stock would rise 10 points because it was going to be taken over by another company. The SEC also occasionally receives anonymous tips. Other ways in which the SEC picks up information is during investigations or routine examinations of books and records and by reviewing material which is required to be filed with the agency. While the agency cannot examine or review everything, it doeslook for certain areas, especially financial reports, which may be altered by different methods of accounting to give the impression that a company improved from one reporting period to another. Self-regulatory agencies such as the NYSEX, AMEX and NASD, also assist the SEC in catching violators. Today's sophisticated computer monitoring systems can be programmed to red-flag any stock which has a large deviation in its price or volume. Such programs can instantaneously provide the SEC with any information disseminated by or reported by the company for the last couple of months. The SEC then evaluates the information to see if the deviation is justified. If not, then the SEC will directly call the company to see if it is directly involved in any publicly disclosed business transactions which would cause the deviation. If the SEC feels someone is illegally trading on inside information (material nonpublic information), it has the capability of determining who is buying and selling the stock and where. Other agencies, such as the Internal Revenue Service, and the U.S. Attorney's Officesalso cooperate and have a close relationship with the SEC. The process involved in prosecuting an action is multitiered. First, the SEC will open up what is called a "matter under inquiry" to see if the alleged violation is worth pursuing. This administrative investigation is analogous to a grand jury in that it is a non-public, fact-finding stage. Since the agency itself lacks the automatic subpoena power found in other federal agencies, the attorneys must go before the five SEC commissioners to request a "formal order for investigation." This request is accompanied by reasons for its need and will be granted by the commission if it is deemed valid. Once the subpoena power is granted, the attorneys can obtain access to records of banks and other unregulated entities. They will then prepare an action memorandum to the commission which sets forth the facts, legal issues to be litigated, views of the various SEC divisions of the case, and requests authority to proceed against the violators. civilly The attorneys will go before the commission, openly discuss the meritsof the case and make a type of "cost/benefit" analysis of the time and expense of the investigation with the probable success of the suit and its deterrent effect. A majority vote of the commissioners is needed to begin litigation. Alternatively, the SEC can offer to settle with the alleged violators and impose certain administrative sanctions. In response to a question of the political leanings of the commissioners and how this affects the amount of enforcement which is pursued, Sorkin said: "It is not a heavily tilted Reagan-appointed commission. There are three republicans and two democrats, yet they [each of the Commissioners] have their own views on enforcement." Sorkin seemed to disagree with the position of SEC Commissioner John Shad who maintains thatthe SEC does not need a larger staff since it brought more cases in the last five years with a smaller staff. On the other hand, Sorkin pointed out that the necessity of a continued presence and active involvement of the SEC in the securities industry is echoed by those whomtheSEC regulates. When there was a proposal to cut back the SEC some time ago, the security industry opposed such action because the SEC gives credibility to the marketand keeps it clean from the practices and people who caused the 1929stock market crash and subsequent Depression of the 30's. And surprisingly, thecredibility of the SEC is self-supported by the absence ofinternal scandals involving violations of the securities laws by SEC employees. Only once did it occur that there was an unauthorized conversation about a takeover; however, it was done innocently and without the gain of any material benefit. Racism Evident in Longmire and Goetz Cases by Jay Lippman, Second YearLaw Student On March 3, 1986, in Erie County Courthouse, the pessimists were proved wrong, and the cautious optimists sighed in relief. An all-white jury, comprised of four women and eight men, found a young black not guilty of any homicide charges in connection with the death of a young white man. They declared that Ronald Longmire acted in self-defense against four to six white males who barged into his room on Sunday, October 21, 1984: that they threatened to kill him and started to fight with him. By now, this story is old news, and many may have forgotten about it. However, none Why this discrepancy in treatment?To many, the reason was because of the nefarious operation of racism. "Nonsense!" exclaimed those whose who are all too willing to believe that everything is "okay" in America, and unwilling to consider reality. And, reality reached new heights both in Buffalo and in NewYork City on December 22, 1984, also a Sunday. Approximately two months after Ronald Longmire attempted to defend himself, Bernhard Goetz entered a New York City subway car with a loaded pistol. Four black youths approached him and asked him for $5.00. Goetz immediately pulled out a loaded gun and shot the four youths. As Goetz calmly proceeded to leave the subway care wherein all of this occurred, he glanced at one of his fallen victims, remarked, "You don't look so bad!", and shot this person again. This person was paralyzed for life. Like Ronald Longmire, Bernhard Goetz claimed self-defense. Like Ronald Longmire, Bernhard Goetz employed deadly physical force. However, unlike Ronald Longmire, Bernhard Goetzwas not villified publically, but accorded hero of us should remove from our memories the meaning of this case with respect to justice and equality. And, by doing so, we can better understand why there were pessimists and cautious optimists. Our attempts to comprehend begin with a distinct memory of how the media covered this tragic incident, immediately after it transpired. We vividly recall the exalting ofthe late Craig Allen, who was part of the intruders' group. An all-Amerstatus. In Buffalo, the Erie County ican athlete. A straight-A stuD.A. did not hesitate to seek an dent. Craig Allen was everyindictment. In New York City, thing to all people. March26,1986 TlMOpMon 6 there was not only hesitation but also refusal by Mr. Goetz's first grand jury to indict him. In a society wherein grand juries are a prosecutor's rubber stamp, such refusal was quite suspicious. Why the disparate treatment of two individualswho both asserted the same legal claims under the same laws of the same Why State? dissimilarities when one individual used a common kitchen appliance to ward off intruders in his own domicile, and the other used a loaded pistol to ward off four youths asking for money in a subway car? Ronald Longmire did not approach a second one. Ronald Longmire, the young men in his room, did not know that Craig Allen had been wounded. In fact, no one knew of this fact until Craig Allen's body was discovered six hours later. New York Law does not impose a duty on anyone in his own domicile to retreat from using deadly force in self-defense. The law says nothing about subway cars. If anything, the law sanctions the use of such force in the home, and disclaims Bernhard Goetz's vigilantism. Yet, Bernhard Goetz was seen as a crusader for justice, a white knight, to pardon the expression. Ronald Longmire? Simply, a "nigger with a knife." Why? The reason is simply racism. In our "just" society, we associate blacks with crime. It is more difficult to conceptualize a white person as a wrongdoer. Perhaps, this perception is based on thefact that blacks represent a majority of individuals arrested and ac- continued on page 12 Annual Race Judicata Offers Chance At Trophies, Dinner at "Regular Guys" by JackLuzier Are you suffering from the mid-semester blahs? Do you seem to be lacking energy, stimulation, direction? Maybe you're not sleeping well, eating well, or even thinking well?Are you feeling a little pudgy? We are offering a healthy, social solution to these problems and many more, with the goal of sharing good times and good effort with your fellow students and professors. That's right, it's Race Judicata time again, an annual running event held at our school and many others. This year the race will take place on Thursday. April 17 at 4 p.m., starting and ending at O'Brian Hall. The race will be 2.4 or 4.8 miles long depending on how far you want to go. But the race is only part of the festivities. There will be music, refreshments, and beer after the race in the first floor lounge. The top finishers will get trophies and one lucky finisher will receive a dinnerfor two at Regular Guy's Cafe. This year we are providing an added attraction of optional Tshirts for all pre-registered runners. They will cost about $3 and those who want one must register by Tuesday, April 15. Registration forms will be outside the library during the SBA elections or are available from Jack Luzier and Brian Bornstein. We hope to get faculty and staff involvement by have a special awardfor the first place staff finisher. We know there are a lot of professors who run. Are they afraid to "let their hair down" and sweat a little with their students? This event is a great tradition at law schools; a chance to get in shape for finals, for the summer and share a hardeffort with your peers. Even if you haven't run much, you have 4 weeks to get in shape. It really doesn't take much and you'll be glad you did. See you on April 17. �The Public Sector Diane Dean LSCRRC Director Has Energy, Commitment "I'm a middle class white woman. For a whole lot of reasons I knew at a very early age that I had a committment to social justice. Some people find that commitment early in life, some people find it later in life. Just because you're privileged and white and middle class doesn't mean you don't have anything to offer or that you shouldn'tbe part of the struggle for equal justice. "Specifically because I was privileged, I feel like I have a responsibility to give back to people who aren't. I can put myself on the line a hell of a lot more than a lot of other people and make my voice heard. And if I can be doing that then I think I should be. "Use your background to public interest law's advantage. If I can get people to listen to what I have to say then I can get them to look at their own base values and have them think, 'Maybe I can contribute more. I understand middle class guilt but if you've got a commitment then you've got every right to be there." Amy Ruth Tobol, Director of the Law Students Civil Rights Research Council (LSCRRC) and 1983 graduate of UB Law School, has this and much more to say about commitments topublic interest law, the work she does as an organizer and teacher, and women's contribution to the legal profession. She talks in streams, flowing logically from one confirmed thought to the next. It seems to be how she expresses herself in general a constant flow of energy, focused, determined, and decidedly optimistic. Tobol watched William Kuntsler and Ramsey Clark in action when she worked on the Attica defense. She was a community organizer as an undergraduate. And, like many lawyers who decide to make a commitment to public interest law, she saw a law degree as something that would facilitate her work for social change. As director of LSCRRC, Tobol acts as an administrator, an educator, and an organizer. Her work doesn't stop at the end of those job duties, though. To keep her advocacy skills thriving she does pro bono work for the Center for Immigrants' Rights in New York City. Tobol does a lot of shifting of hours, works most weekends, and has the opportunity to repSalvadoran refugees resent in political asylum cases. Owing her love for immigration work to what Professor Kathy Rimar taught her in the Immigration Clinic at ÜB, Tobol sees her job as more than just an attorney representing a client on one narrow legal issue. by Audrey Koscielniak The Erie County Bar Associa- observing an attorney during his/her normal routine. The student may choose the size of the firm or agency, the practice speciality of the attorney, and the type of office (government, public interest, judicial, private firm, or corporate legal depart- — "A person's legal problems don't exist in a vacuum. Generally, the whole person's life is affected by one legal program: family law problems, benefits, as well as immigration." Tobol thinks women attorneys can contribute a perspective to the legal profession which accounts for all of a client's needs. In her opinion, women attorneys share the decision-making power with their clients more than the male attorneys she's worked with ("accounting for all stereotypes, of course"), and they are not as prone tothe 'gamesmanship' of dispute resolution. That's another reason she's a lawyer Tobol wants to bring an alternative approach to dispute resolution. "The women I've seen are not as inclined to 'pug it out in the street,' but are more conciliatory. That doesn't mean they're giving anything up because if you've got a strong backbone and can still be concilatory that runs in your favor in a negotiating situation. With men I've watched, there's more of the tension, more hostility, more of the fight." As director of LSCRRC, Tobol has visited almost 100 law schools educating students on public interest employment and on issues particular to the community in which she's speaking. This schedule often gets hectic Tobol returned the night before the NYU Careers Symposium from lowa and was seen the day after the symposium in Boston at the Public Interest Law Foundation Conference. "When I plan to go visit a law school I call ahead and arrange meetings with all my contacts. In lowa, for instance, I met with the National Save the Farm Coalition. They told me farmers needed help in stopping farm — — foreclosures and bankruptcy hearings. Then I went to the University of lowa Law School and told an audience of studentsabout the legal issuesfacing farmers. A group of them told me they'd be willing to help the local farmers. I'll go back later to solidify the connection." It's connections like these that keep Tobol inspired. She says she tries to motivate students for more than personal gain, saying she's found some of the most dedicated public interest law students in such farreaching places as Booze Creek, North Carolina. Having the opportunity to speak with a key figure in granting LSCRRC summer intenship funding, I asked what exactly she looks for when reviewing applications. She said LSCRRC's basic criteria is a commitment to public interest law. "Demonstrated commitment does not necessarily mean 10 years of experience. We look at life experiences, too. We look at enthusiasm, motivation. Everybody's coming from a different background. Everybody's experience can be of value." "We don't care about Moot Court, grades. Law Review. We care about who the person is, how they are going to respond to a question on affirmative action or foreign policy, how you formulate your opinions. Fifty percent of the grants are given to first-year students and the rest are given to people with some experience." LSCRRC's commitment, which Tobol thinks is achieved, is to provide hands-on experience in public interest law, establish and maintain a directory of public interest employers, and to address the issues facing minorities. She says that 50 per cent of the LSCRRC grants, a figure much larger than most other organizations, go to minority candidates. Tobol's commitment is LSCRRC's commitment. The 60 plus hours she puts in at work every week are all out ofchoice. "I could not imagine myself doing anything other than what I'm doing. I absolutely love it. I knew when I went to LSCRRC that I would only do certain kfnds of work. I knew I was a good organizer and a good teacher and that being a good lawyer meant doing these things as well. The kind of satisfaction I have with my work is pure, that's the only way I can describe it. I go to bed at night and I feel like I haven't made any moral choices, that I'm really doing exactly what I want to be doing. That gives me so much strength, personally." What Tobol loves to do is what LSCRRC was set up to do. Her tenure ends this coming August, leaving a challenge for the next director to keep up the momentum Tobol has built at LSCRRC and seems to build wherever she goes. C.D.O. One-to-One Program Increases Career Awareness tion and the UB Law Alumni Association have joined the Career Development Office in sponsoring the 1986 One-toOne Counseling and Career Guidance Program. Its purpose is not only to help students explore available career options, but to increase their awareness of the realities of law practice by discussing those items with a person who experiences them daily. One-to-One makes it possible for first, second and third-year students to spend half-a-day ment), y Each year, many students participate in One-to-One, and the evaluations submitted by them confirmed the program's value. Over 95% of the students who provided written feedback felt that the time was well spent. "I wouldn't havemissed it for anything. I would require it New Tax Program Offered The Institute for Tax Studies at the State University of New York at Buffalo is accepting reg- istrations for three courses in what is believed to be the first graduate-level tax program in Western NewYork. The institute is administered by the UB School of Management and its alumni association. The non-degree evening program, established last year, provides comprehensive tax instruction for accountants and attorneys who deal with complex tax issues and for persons interested in pursuing careers as professional tax advisors. The Graduate Tax Certificaoffers 14 tion Program graduate-level courses on personal and business taxation. Each course is an independent unit designed to provide indepth knowledge of a specific subject. All courses are taught one night a week over an eightweek period by highly qualified tax practitioners drawn from the legal and accounting professions. Registration currently is being accepted for three courses extending from April 22 to June 12. They are: Tax Practice and Procedure, Property Transactions I and Corporate Income Tax 11. To receive certification, par- ticipants must satisfactorily complete at least nine of the 14 courses in the program. .. for all students for their own helps to focus on pracgood tical aspects of legal education This program represents a most beneficial opportunity to inject some 'real — world' legal practice into law school study..." These are typical examples of the enthusiastic comments received from last year's student participants. Attorney enthusiasm for the One-to-One Program seems to match that of the students. In the past, many attorneys have gone out of theirway to ensure that the events to be observed by the visiting student are in- teresting and valuable. It is not uncommon for attorneys to go well beyond the one-half-day time commitment requested. The participating attorneys have agreed to answer any questions about the particular type of practice, its prospects and demands, courses to take, etc. This might even be your opportunity to find out what an employer is looking for in a candidate, and test out questions you may want to ask in an inter- view. Although the program is administered by CDO, One-to-Qne it is not a placement program. It is a career-guidance program designed to help students explore career options before making a final career decision. The best way to learnabout the realities of law practice is to dis- cuss them with someone who experiences them daily. One-to-One is open to ALL students. We particularly encourage first, and second-year students to take advantage of this opportunity to lay the foundation for an informed career choice and employment search. We hope that each student will be able to visit two or more attorneys during the year in order to get ideas about various career alternatives. To participate in One-to-One, CDO recommends the following steps: 1. Review the Attorney Register Categories listed in theOneto-One announcement which will be delivered to the student mailboxes and select the area of practice, type of office and size of firm/office that you would like to observe. 2. Stop by CDO (Rm. 309), review the Attorney Profile cards, and select the attorney with whom you would like to meet. Attorney Profile cards are filed by first-ranked area of practice for that attorney. 3. Submit Attorney Profile card and Student Request Card (the yellow form dropped off in your mailbox) to CDO. CDO will then prepare a letter of introduction to the attorney. Allow 48 hours for this to be done. 4. Pick up your copy of the letter of introduction sent on your behalf, as well as a copy of the Student Guidelines and Evaluation forms. 5. Call the attorney's office and set up a mutually convenient date for your visit. This program will be especially useful for students who want more information on alternatives available after law school. It is an excellent way to observe different types or sizes of firms and agencies, with no limit on the number of visits a person can make. ' Courses also may be taken individually. Applicants must possess an undergraudate college degree and must have completed a basic tax course or received equivalent tax training. Tuition for each course is $200. Participants who enroll in the certification program must also pay a $50 registration fee. Further information and program brochures may be obtained by contacting the Institute for Tax Studies, UB School of Management, at (716) 636-3202. CAREER PANELS Mark your calendar and attend our career information panels scheduledfor March. ALL STUDENTS ARE INVITED. This is an excellent opportunity to find out what practicing law in these topic areas is really about. Your individual questions are especially welcomed. LABOR LAW PRACTICE Wednesday, March 26, 4:00 p.m., Room 109 Collins, Collins & DiNardo John Collins Union representation Management representation Hodgson Russ Andrews Woods & Goodyear David Farmello Mark Pearce Attorney, NLRB Administrative Law Judge, PERB Marilyn Zahm (Public Employee Relations Board) and Chief Regional Mediator — — — — — — March 26.1986 The Opinion 7 �©PINION £lil STATE UNIVERSTTY OF NEW >ORK AT BUFFALOSCHOOL OF LAW Volume 26, No. 12 March 26. 1986! Editor-in-Chief: VictorR.Siclari Managing Editor: Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J.Burvid Business Manager: Harry Branson Photo Editor: Paul F. Hammond Layout Editor: Kevin O'Shaughnessy ProductionEditor: CharlesE.Telford Contributing Editor: Peter Scribner Staff: Idelle Abrams, Craig Atlas, Duane Barnes, Alberto Benitez, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, John K. Lapiana, Jack Luzier, Dave Plan, Melinda K. Schneider, Amy Sullivan, Dana Young. Contributors: Rita Gylys, Jay Lippman, John Martin. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Trubek's Withdrawal Bodes III For UB Law School .. And it was. It seemed too good to be true For over two years we've been looking for a new dean. The Search Committee interviewed a grand total of seven candidates in that time. And just when jt looked like they were actually on the verge of approving a candidate, we get clobbered with the ultimate bad news. Louise Trubek, the only candidate to have gotten this far, suddenly withdraws; the Search committee disbands; and the search grinds to a halt. Trubek seemed to have it all. As long time Director of the Wisconsin Law School clinical program, she possessed administrative experience, respectable scholarship, and a practical orientation. From all indications she appeared interested in the deanship. She returned for a second interview, and appeared to get along well with the faculty. And then, she cryptically "withdraws". What's going on here? The official explanation claims that she simply decided this wasn't the job for her. But supporters ofTrubek claim that she was pressured out for political reasons by Provost Greiner. They say Greinerrefused to wait for the law school faculty to pass on her qualifications, but rather took it upon himself to shortcut the process by calling her up and "counseling" her to withdraw. We may never know for sure where the truth lies. What we do know is that this school will be withouta permanent dean until 1990 at the earliest. At best, we'll have an "interim" caretaker from within the school until then. For the next three years, we will have a dean who will be unable to initiate any long range programs. The voice representing the law school in Capen Hall and in Albany will be that of a temporary placeholder, rather thanof a permanent leader. And thewhole law school community will be left in a state of uncertainty, wondering when, if ever, will we finally get a real dean? Who will be this new interim quasi-dean? Will the interim be converted into a permanent position? Or will the outside search eventually resume? Can any outsider take our search process seriously? Most importantly, what are we looking for in a dean? A great jurisprudential scholar? A super administrator? A fundraising gladhander? Many of these questions would have been either answered or avoided by a competent professional, and rational search process. What we got instead was one big pathetic joke. Eliminating Late Grades The problem is perfectly simple, yet perfectly frustrating for every single student in this school: late grades. We've been complaining aboutthem for years. Nothing is done. Now, like a miracle of modern science, a wondrous new solution is reported to us from Albany Law School. And the bearer of this remarkable information is none other than Professor Ken Joyce, who's grading delays have earned him a rightful place in the Procrastinator's Hall of Fame. Last semester, Joyce taught a Tax course at Albany during his sabbatical. And, astonishingly enough, he turned in his grades within one month of the final exam, the same grading time limit allegedly used here. The motivation for this miracle? Albany does not post any grades until all grades have been handed in. As Joyce himself says, "Now that's pressure!" To which we can only add, if it works on him, it will work on anyone.We should give theAlbany plan a try. Now. This semester. It is past the time that this one idiotic problem be consigned to the ash heap of history. The Opinion March26,1986 8 Letters Growing Frustration Compounds Marcus Fiasco Dear Acting Dean Schlegel: I am writing in relation to what has since become a fiasco surrounding the Family Law examination given by Professor Marcus in the Fall of 1985. Although we understand the difficulty involved in a situation of this type, we feel that the Administration has ndt been responsive to the needs of the student body. We are appalled by the lack of official notice pertaining to the actual claims of cheating and the continuing procedures of investigation utilized by this Administration. For months, rumors have been allowed to permeate the student body without this Administration issuing any statement notifying the students from the class that, not only are there claims of cheating, but that this Administration has been actively pursuing remedies to those claims. The current solution settled upon by this Administration, i.e., all students who took the exam being required to sign an "I did not cheat" statement, is not only an affront to all principles of 'innocent until proven guilty,' but is unacceptable to the student body. Forcing a student who did not cheat into signing a statement proclaiming that fact is plainly unfair. Furthermore, the burden of starting an appeal process should not lay upon the shoulders of any student who, for whatever.reason, refuses to sign that statement. There are clearly serious implications in accusing each and every student and not dropping that accusation until the student signs an affidavit especially in a school of law. Instead of a situation where a witchhunt may prevail, we suggest that you, Ms. Marcus and the entire class meet to discuss exactly what happened during the two week, floatingexam period. As you well know, the parameters of precisely what "cheating" entails are not clear. Perhaps the standard that the Administration is using can be discussed. Additionally, perhaps the truth as to how many people are involved and maybe a better way to deal with them, may also be discussed. All students involved have a very large interest in both the standards and procedures this Administration are using, and should have input on those matters. Lastly, there is the problem concerning a delay of notice to those graduating seniors who happen to get a failing grade (F) in Fall semester classes. This situation goes far beyond Ms. Marcus' exams. Is it now necessary to write graduating senior on a Fall exam? This Administration should demand professors, as it does in the Spring, to have grades for third year students completed with enough time to add another class if necessary. Considering that Ms. Marcus' exams were graded almost a month ago, we request that this particular situation be remedied immediately. I hope that we have made you aware of the concerns of the students. It is growing increasingly important for these concerns to be addressed by this Administration. Sincerely, Lori Cohen Student Bar Association President SBA Holds Student Forum Debating Honor Code Policy Dear Acting Dean Schlegel: As per our last conversation/ correspondence, the Student Bar Association held an open student forum on the 'honor code. Naturally, the present situation surrounding Professor Marcus' exam was used as a prime example throughout most of the evening's discussion. The students were helpful, and quite adamant concerning those students who cheat most want those students — punished now! Much of the debate centered around the situations where students may have received/acquired prior knowledge of the content of the exam. The great majority of students present want the 'open' system present at Buffalo to remain, and felt that instead of changing the system, the 'Administration should take a much quicker and stronger stance on cheating. In relation to the present situation of Professor Marcus' exam, all students at the forum agreed that the Administration should stop sitting on this particular exam, begin the proper proceedings against those students whom they think cheated, and release the rest of the grades immediately. They once again reiterated their frustrations at the lack of any clarifying information from your office, whatsoever! As to what actually constitutes cheating, the group recognized the fact that we are all Argento Receives Pres. Endorsement Dear Editor: As the members of the Executive Board without a personal stake in the outcome of the upcoming Spring Elections, we feel it is our duty to inform the Student Body of the candidate we think is most suited to be Presidentof the StudentBar Association. We have discussed the choices and have agreed to support Vicky Argento for the office of President. Based upon each candidates' talents, ability to deal with all types of people, knowledge of the organization and the law school, outside committments, etc. we feel that VickyArgento is by far the best candidate. As a second year director, Vicky has shown a good ability to understand both the problems from the perspective of a law student and from the per- spective of the Administration. She has been a strong advocate of the rights of all students, and is respected by the faculty for her work with the Academic Dishonesty Investigation Procedures. We urge you to vote for ExecutiveBoard members April 9th and 10th. Watch for debate times come hear and question the candidates. This is your chance to make an informed choice. Once again, we are supporting Vicky, come to a debate and hear her! Lori Cohen Gerard E. O'Connor Colleen M. Rogers - adultsand should be ultimately responsible for our own actions. Along these lines, the obligation lies with the student to remove hme/herself from a situation where prior knowledge of the exam may be received; in this sense, it* is the student's duty to get up and leave an area where other students are discussing the exam question. If a student does accidentally overhear some portion of an exam question, or the contents of the question, the student should then approach the professor with this knowledge, and ask if that knowledge give the student an edge. It will then be the professor's choice as to whether that student may take the exam or not. There was also the suggestion of no speaking about a floating exam during the exam period; hard to police, but at least students would know the rules. Lastly, all agreed that there are various levels of cheating and these should be expressed in the punishments each incident receives. Clearly, those students who copied and received copies of the exam should be punished more harshly than those who accidentally overheard some content of the exam. Future suggestions included an honesty statement on all exams. I would like to repeat the student request that the Administration go forward and start proceedings against those students it feels cheated and release all the rest of the grades — immediately. A quick solution at this point will benefit all. Thanks Lori Cohan SBA President �The Boy Mechanic Kevin O'Shaughnessy Family Law Scandal: Who's Zooming Who The Dean is my shepherd; I shall not cheat. He maketh me take exams in brick classrooms; he leadeth me beside the still water fountains He restoreth my soul, he leadeth me in the paths of righteousness for the Bar's sake. Psalm 23 (revised) I have had a provision placed in my will which ensures that my heirs (or is it legatees, I haven't taken Future Interests) will be notified of my Family Law grade. Decades from now, my illegitimate children can visit my final resting place, gaze towards the heavens (or wher- — .. ever they will think I have gone), and exclaim, "Father! Father! You got a 'D' in Family Law!" Yes, I was in Family Law and No, I didn't cheat. There's a flock of us stumbling around O'BrianHall like sedated sheep; we make daily pilgrimages to Admissions and Records' "wailing wall" and walk away gradeless and unfulfilled. It appears some students have raped the honor code and the administration is helpless. It's useless to ask students to sign affadavits stating, "I didn't cheat." While they're at it, they could ask us to sign affadavit stating, "I know nothing of Jimmy Hoffa's disappearance." Anyone who has raped the honor code will have little trouble committing perjury (maybe they could force us to sign the affadavits in the presence of our relatives). I'm at a loss to explain how these people passed that rigorous Ethics course. Perhaps Schlegel and Berger should put a 200 watt light bulb in a desk lamp, shine it in the eyes of each member of the Family Law class, and act out a version of "Good Dean, Bad Dean": BERGER (holding a struggling Schlegel back): I'd like to believe your story, but my partner here SCHLEGEL: Let me at'em! I'll rip his lungs out! .. We could enlist the aid of the crypto-fascist terrorist "group the "Parlor Protectors." These idiots probably get into torture. They could place each student pn the rack and "obtain a confession." Hot irons, anyone? If we're going to have a witch hunt, let's do it with style. The entire Family Law class should be taken to the swimming pool in Alumni Arena. Each student will be forced to stay underwater for ten minutes; the survivors would be declared "cheaters." The "cheaters" would be taken to to the football stadium, placed on the fifty yard line, and burned at the stake. There can be not justice here. If an innocent student is formally accused of cheating, it's nearly impossible to prove the accusation false. The damage caused would be irreparable. The honor code rapists will get their meaningless grades and remain unpunished. The student body will probably lose the floating exam privilege. The next time you hear somebody complaining about the law school's grading system: remind them of the Family Law exam. Atraditional grading system increases student competition with the honor code rapists running loose in this school the rest of us would have .. to carry guns. Guest Column John Martin Affirmative Action Program Widely Supported The article, Law Review's Gesture A Forced Concession by Kevin O'Shaughnessy, "The Boy Mechanic," in the March 12 edition of The Opinion was a very irresponsible piece of jour- nalism. Only seven out of sixty-three Law Review members voted against the affirmative action amendment to the Constitution which was ultimately passed. The votes were anonymous and did not reveal whether the seven no voters were opposed to affirmative action per se or whether they were simply opposed to the particular amendment which ultimately passed. Yet O'Shaughnessy says that it was a forced concession. He cites insiders, without identifying them or even stating whether he talked to them, for the proposition that those who were honestly for affirmative action were "a well-intentioned minority [who] would not have carried the day had the proposal not been leaked to the general public." Supposedly, "the news leak backed a number of elitists into a corner. Appearances won over convictions No one wants to look like a racist." Given the ease .. with which the amendment passed and the anonymity of the voting, these statements are not credible. The proposals were shown to membersoftheschool's minority community. I suppose this is what was referred to as a leak. It was not done as a tactical move. The person who brought the proposals to BLSA was not a proponent of any particular proposal. He just wanted to get their comments to help him decide how to vote. This seemed perfectly appropriate to me. The feedback we received was that the minorities overwhelmingly supported the proposal which we subsequently passed. O'Shaughnessy then pro- vided us with his evaluation of the two main proposals. The trouble was that he did not bother to get his facts correct. He stated that under the first proposal, which did not pass, "[applicants defined as 'disadvantaged' would be given a maximum score for their personal statement." But the proposal stated nothing of the kind. It left the scoring to the complete discretion of a Personal Statement Committee, and explicitly stated that such factors as age, advanced degrees, work experiences, and life experiences could be considered. Under this proposal, race and economic class were factors which could be considered, but how the various factors would be weighed would have been up to the Personal Statement Committe each year. I think that with the current Law Review members administering it, it would have had an integrating effect, but the proposal did not ensure such results. Howmuch effect it would have had, and how it would have been administered in the future are questionable. Regarding proposal which did pass, O'Shaughnessy listed two criticisms. The first the was that it "limits the admission of 'disadvantaged' students to a small number." He is wrong. The stated purpose of the new subsection of the Constitution is to counteract "racial and class biases in the selection process." The stated objective of the amendment is that there be "at least" approximately proportional representation. Under the amendment, if the traditional selection criteria does not effectuate the stated objective, then additional offers will be extended in order to bring about proportionality, but in no way does the Constitution authorize reducing the number of offers made to minorities if they exceed proportionality. Furthermore, the amendment does not refer to racial minorities as "disadvantaged"; it speaks of biases in the selection process. According to O'Shaughnessy, cynics, and he considers himself a cynic, feel that the amendment passed be- cause it limited "the admission of 'disadvantaged' students to a small number." A little investigation would have shown him the falsity of the assumption. I proposed and authored the amendment which passed. I argued that racial minorities deserve equal opportunity to be admitted to the Law Review; that the traditional selection process was biased; that the should amendment acknowledge the problem and address it directly; and that an amendment acshould knowledge the problem and address it directly; and that an amendment mandating pro- portional representation ensures equal access to the Law Review. The suggestion thatthe motivation for the passage of the amendment was a desire to limit the number of minorities on the Law Review was ridiculous. If O'Shaughnessy had attended the debate on the proposals, he would have known that the amendment does not put a ceiling on the number of minorities who can be admitted to the Law Review, and he would know that by far the primary reason given by supporters of the proposal which passed was that it ensured results. If anyone wanted to limit the number ofminorities on the Law Review, a doubtful proposition in my mind, it would not have made sense for such a person to vote for the amendment; a vote against the amendment or an abstention would have been expected. The second drawback O'Shaughnessy sees in the amendment is that "a stigma is placed upon those admitted." This was a concern. I think Ed Peace, a member of BLSA, addressed it best. He said that society stigmatizes blacks and other racial minorities, and it is something with which they must deal; the stigma would exist under any affirmative ac- continued on page 10 Diane Dean The Public Sector 35 Students Attend NYUPublic Interest Symposium At least 35 UB students attended the 1986 New York University Public Interest Careers Symposium in New York City recently. Employers seeking students who are interested in public interest legal careers attended and conducted both formal and informal interviews with students. Students who attended the Symposium commented on their experiences. Jo Ann Harri, a third year student, said the Symposium was very useful. "The Symposium gave me the opportunity 'to get my foot in the door". I analogize the whole experience to the job of a vacuum cleaner salesman. Throw the dirt on the rug and then explain why your product is the only one capable ofcleaning it up. If ever a law student's ability to argue was called into service, it was during the informal interviews." While many law students had some pre-arranged interviews with specific employers, they often took the initiative to talk their way into'formal interviews. Arriving on Thursday gave some the edge on getting more formal interviews. Butthe informal interviewswere just as helpful in many instances. Kathleen Lynch, another third year student, said she was of- fered a second interview after sitting to chat informally. Second year student Marcy Cohen met the Supervising Administrative Law Judge for the New York State Department of Social Services who asked for a copy of her independent study paper on Medicaid Reimbursements for senior citizens. This rapport may easily translate into a job offerupon graduation in 1987. Students who attended had some suggestions for those who did not attend the Symposium. Lynch said not to be discouraged if you do not get formal interviews. "The employers have a wide range of students to choose from so they often can't pick UB students. I strongly encourage people to use the informal interview process. They can work to your advantage if you are willing to take the time to sit down and talk". Jay Lippman, a second year student, suggests you come prepared with resumes, writing samples and personal statements in hand to distribute. Harri adds, "Be prepared. Re■~yiew material on the employer feleforehand. Ask questions. Act interested. And, most importantly, be as 'up' as possible the day of the Symposium. YOU MUST ASSERT YOURSELF in order to get anything out of the Symposium." First year student Lisa Scarangella said being a first year student who has never had an interview for a legal position, an interview in New York was helpful. She said, "My inter- view with the D.A. was unexpectedly unpressured, relaxed. and even enjoyable. As a first year student, it was my first interview for a legal position. It was probably a very unpressured and positive way to begin six positions for '86 graduates. "It was a good opportunity to meet employers I wouldn't have met otherwise," said Lori Cohen. getting used to interviewing and even If I don't get a job offer, I will still be glad I went." Of course, for many the weekend was a trip home. But to all the students with whom I spoke the Symposium offered enough exposure to employers to make it worthwhile to attend despite the travel, the lack of informal interviews, and the confusion seemingly inherent in NYU's planning of the event. "It was helpful finding out more about the likelihood that an employer was seeking '86 graduates," said Kathleen Lynch. For instance, before the Symposium the Department of Health and Human Services could not arrange formal interviews because they did not At the Symposium, however, they began taking resumes for "It provided me with alternatives of which I had previously been unaware," said Jay Lippman. "It let me see who considers themselves public interest employers these days and what opportunities they're offering," said Marcy Cohen. All of us who spoke with employers came away with a very real sense that UB students impressed them. Lisa Tessler, the NYU organizer of the event, saidUB had more pre-arranged interviews than most other law schools. During informal discussions employers told those of us attending that UB stu- dents showed a committment interest on their resumes and in conversations. March 26.1986 The Opinion to public 9 �Law Review ation, said that while some may see the plan as stigmatizing mi- norities, he doesn't feel that way. "I also don't think the Law Review will suffer. I think it will be enhanced." And so do most members of the Law Review. Forty-one members voted for the plan while only seven opposed. Fifteen others abstained. "We all felt there were a lot of flaws in our selection procedure because certain people who were qualified were falling through the cracks and not being picked up," Hassettsaid. "Our system has shown to be biased and we needed to do something to correct this," said John Martin, author of the plan. Martin cited "White middleclass language biases" and "the educational disadvantages our society places on [minority] groups" as the motivating factors which led to the need for an affirmative action plan. Martin then pointed out that there have been no minority members of the Law Review in approximately 35 years. Guest Column tion program, and that even if . the Peace called the plan "a courageous step that need not stigmatize" minorities. "But if it does, I think it's a good step because it becomes a self-liquidating plan." That is, Peace said, once the Law Review becomes more representative of the student body, with different members looking for different things in prospective members, the need for the plan will diminish. "Some minorities don't want any help from the system," Peace said. "They want to make it on their own merits. But merit is a vague quality. Most law students merit inclusion on the Law Review. This plan broadens the standards of the Law Review. It doesn't lower them." Pollard agreed, and added, "I really have to commend Law Review for their efforts and initiative. At least they're conceding something and are showing some concern for minority students in the school." "From my perspective, it's a start and it's positive," said amendment stigmatizes minorities; the amendment is critical of white middle class biases. The language is clear that we do not believe that we are doing any favors for minorities. They are just as deserving of theirpositions on the Law Review as anyone else. stigma. O'Shaughnessy concludes that "(sjome people fought hard for this opportunity. It must not be wasted." Actually, this year there was not much debate about whether we should do something to remedy the problem; the debate was mostly about what should be done. It is unfortunate that O'Shaughnessy suggested that a minority of the Law Review members forced the amendment on the majority, and that there is a desire to limit the number of minority members on the Law Review. Six times as many members votedfor the amendment as against it. The Law Review encourages minority law students to compete for positions; you will be welcome on the Law Review, and we will try to help you to have a positive experience. Finally, I would like to say that Joyce Leave less he could get a tenured position at Albany Law School. He taught a tax course at Albany last semester, and plans on teaching there part-time next year. The Law Revision Commission is a non-partisan organization thatresearches current ambiguities and conflicts in New York statutes and recommends changes to the legislature. "I feel a real pull to see through some of the things that have already been started at the Commission, and even more so to start up some other thing." He also said that it was interesting to research the different approaches other states use to problems currently facing New York. Professor Joyce also has a notorious reputation for handing in grades extremely late. The scores for his Fall 1984Tax I class, for example, were not posted until October of 1985. When asked if his Albany students from last semester have received their grades yet, he laughed and admitted that they had. "Although it may be against my interest to report this, Albany has a different system for U. (v\) /\ \\ x I /\V/\ // \ / 1y( /J^-l f( / ) quality," Rodriguez continued, "and while some people may see the plan as stigmatizing, I don't fee that way and I don't think Law Review will suffer. I think it will be enhanced because there will be people with different backgrounds on it." making sure all grades get handed in on time. They have the same grading time limit as here, four weeks, but rather than posting grades separately for each class, they don't post any grades until all the grades are handed in. Can you imagine if all the grades in the school are being held up by one professor? Now that's pressure!" Joyce promised that he would finish grading the final exams for his current Gratuitous Transfers class on time. This class is being taken by a majority of this year's graduating seniors. Since he will have less than three weeks to grade over 160 final exams, he plans to use short answer objective questions for as much as two in the same editionof The Opinion, Paul Kullman did a credible job of reporting the story. He made some quotes that I think are actually paraphrases, but he managed to report the substance of the amendment and of his interview withKaren Hassett and me essentially correctly. I thank him for it and wish that Kevin O'Shaughnessy had exercised some of the same care. continued from page i thirds of the final exam. As he sees it now, the rest of the test will include only one essay question. Correction In the last issue of The Opinion, a labor conference on April 12 was announced. That conference has been postponed, due to the unavailability of several speakers on that day. Instead, there will be a smaller program on Tuesday, April 15 at 13:30 p.m., featuring Patricia Maria Fernandez-Kelly, an expert on the Maquiladora program. •' The Tieper 9{ew Jor^State — MuCtistate (Bar Review offers an integratedapproach to the <HeiV Jork^ <har <L7(am. "We emphasize sophisticated memory techniques, essay writing shifts and a concise, A (4) f f/\ ] K/y\ \/w organizedpresentation of the taw. you Wittbe prepared and confident. I Jr^. ) PEIPER NEW YORK - MULTISTATE BAR REVIEW L \\J It Speaks For ItseCf. SO'Wittis Avenue, Mineota, $&11501 |~ Duane Barnes Margo Beasley Ross Lanzafame James McElhone Brian Bornstein Amy Sullivan I \ \ \. The Opinion from square one. "We're all concerned with RES IPSA LOQUITUR \fy 10 Rodriguez. "Everything's not perfect but it's a step in theright direction. In society, some things like this are needed because it's not a colorblind society and everyone doesn't start continued from page 9 there was not an affirmative action program, people would assume that there was one if a black person qualified for the Law Review. Inasmuch as the stigma is unavoidable, he said that society should guarantee results, and he will dealwith the Furthermore, I do not think that the underlying rationale of continued from page 3 * March 26,1986 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy A\Y (\J I \^\^\ I / / / �Pink Flamingo Not Subtle; Diverse Crowd A Bonus The Pink Flamingo Allen St. (near Mariner) Buffalo, NY by Kevin O'Shaughnessy The man in the Celtics jacket was selling something in the Draft beer was the order of the evening for my research assistants and I. The Flamingo offers Old Vienna, Lowenbrau ... AY place. . sandwiches and other bar foods (we weren't hungry so you'll have to sample the we were toldit's pretty food good). bathroom. There was a wad of bills in his hand. He had cuswaiting in tomers the stall... one of them a woman. The Celtics fan mocked the urinators, "What's the matter ain't you ever seen a girl in a guys room before?" He concluded his business by declaring "No one saw nothin'". The Pink Flamingo is not a subtle The outside walls and sidewalk are painted bright white with slashes of neon pink and blue. The bar area is long and thin, a small "dining room" to right of the entrance completes the Pink Flamingo's L shape. Serious bonus points were awarded for the presence of a pool table, bowling machine, and video trivia game (my favorite). No dance floor, no flashy lights, and no pretentiousness this is a place to drink. good selection of bottled beer and also a grill which serves (light and dark), and Genesee Beer (not Cream Ale a.k.a. Green Death). Pitchers of Genesee were reasonably priced (for the Elmwood and Allen area) at $3.75. There's a The sound booth plays an excellentblend of oldies and new wave music. The DJ plays music not often heard in bars (early Elvis rockabilly. The Olympics "Western Movies", the sound booth exhibits a Mr. Ed album a sure candidate for David Letterman's record collection). There was no sign of any Leonard Nimoy albums ... orhishit4s, "Highlylllogical". The best part about the Pink Flamingo is the crowd: it's diverse (one of my research assistants recommended the adjective "eclectic", but that sounds too much like a waterbed sale). The Friday night crowd consisted of college students, neighborhood regulars and suburban new wave "wanna be's" a.k.a. "mall busters" (their outrageous dress is used to rebel against their parents' values, theirinadequate weekly The Pink Flamingo. allowances, and their lack of un- final round of the thirteenth annual Albert R. Mugel Tax Moot Court Competition. The competition was established and is hosted by the University of Buffalo Law School and is named after one of its professors, who is also a senior partner in the Buffalo law firm of Jaeckle, Fleischmann and Mugel. Seventeen teams competed in the preliminary rounds on Thursday and Friday, March 6 and 7. The 13 law schools that sent teams were the University of Buffalo (two teams), University ofCincinnati (2), Albany (2), John Marshall, American Uni- versity, Syracuse University, University of Toledo (2), University of Pittsburgh, Emory University, University of Dayton, University of Baltimore, Western New England, and Ohio Northern. The University of Buffalo's one team consisted of Ann Baker and Brenda Bland, and theother team of MariaLoTempio, David Mineo and Randy Andreozzi. The four teams to enter the semi-finals were from Syracuse, Emory, Toledo and Cincinnati. These teams were selected based on the brief and oral presentation scores. There were no quarter-finalsthis year. In the final round, the team from Syracuse University was respondent arguing off-brief against University of Cincinnati, petitioner arguing onbrief. The two teams argued before a distinguished, panel of five judges: namesake of the competition and University of Buffalo Law Professor Albert Mugel; University of Buffalo Law Professor Louis A. Del Cotto; Chief Judge John Pajak; Special Trial Judge for U.S. Tax D.C.; Washington, Court, Agatha Vorsangu, IRS Regional Counsel, New York City; and John White, IRS District Counsel, Buffalo. The problem, written by University of Buffalo Law Professor Kenneth Joyce, involved IRC drinkers and dancers. The Pink Flamingo (the name is an homage to thetraditional lawn orna- 945 Ellicott Square Building 852-0958 Word Processing Term Papers Resumes Reasonable Rates Quick Returns Student Discounts • • • • • Maybe there is a substitute for §1221, CornProducts, and Win- die. This section and these cases involve the definition of a capital asset. The problem dealt with whether stock purchased by a president of a corporation constitutes property held for trade or business, or for investment purposes. Awards for the competition were given out Saturday night at a banquet held at the Holiday Inn on Niagara Falls Boulevard, Amherst. Best Brief went to Emory University. The second Best Brief award went to two teams which tied, namely the winning team from the University of Cincinnati and the University of Toledo. Winning the award for Best Oralist was Mariann Yevin, University of Cincinnati; Second Best Oralist was Andrew Tracy, Syracuse University; Third Best Oralist was Lynne Chevres, Emory Uni- ■ versity. For anyone who missed the final round on Saturday, it was videotaped and can be viewed in the A.V. Department on the fifth floor of the library. Thurs., 4/17 Wed., 4/23 Mon., 4/14 27:1 LOOK FOR SBA ELECTION SUPPLEMENT MON., 4/7 ROOM 724. OPINION ELECTIONS THURS. 4/10 AT 5 P.M. �Deadline is 12:00 noon. suburb of Cheektowaga) is a great place to have a few beers, people watch, or meet some of the crowd. Just make sure you "don't see nothin'" when you're using the bathrooms. American Secretarial Service, Inc. The Opinion schedule for the 1986 Spring Semester is as follows: REVISED Date of Copy \ Publication Layoutt Issue Deadline* . — 724 O'Brian at 5:00 p.m. Submissions can be placed double-spaced. All articles must be typed office, Opinion Room 724 O'Brian in the manila envelope outside The Hall, or in mailbox 0754. tLayout will be in The Opinion office, Room ment found in the Buffalo limited credit). The lack of a dance floor prevents the usual split between Cincinnati Law School Takes Mugel Tax Title by Rita Gylys On Saturday afternoon, March 8, the University of Cincinnati Law School emerged victorious over Syracuse University College of Law in the Photo by Paul Hnnmor.il .. Subscribe to TheWill Street Journal, and enjoy student savings of up to $44. That's quite a bargain, especially when you consider what it really represents: Tuition for thereal world. II I I I Tbsutecribe,caUBoo-2^l2oo:extw3OtDll-flt& Ormail to: The Wril Street Journal,200 Burnett Road. Chicopee, MA01021 DSendmeoneycarofTheWillStree(Joumalfor»63-a»iMi«ii/«<(# k rrgular subscriptionAfire. D Send me15 weeks for$26. D Payment enclosed Name StudentI.D.# Address City School D Bill me later. Grad. Month/tear State Major i Zip IV«prict.w»»^«l(otiUmilolliin«>rtf«*.l.«<.inchrco«iiK«.Ul.S By|tocint *"^ "^^ your The\^C Street Journal. mlmm mmmm m^^ mt^P: March 26, IMS Th« Opinion m I 11 �Raise Don't say hello when you see me Don't give me your cheap smiles you Bitch An Anthology of Hate if I Died today by tomorrow you'd have forgotten my name (Though I'm sure that if someone mentioned me you'd say how sorry you were And who could doubt it because you're such a And and Please don't ask me how I've been as if you cared When you know that if you saw me in a ditch by the side of the road Nice Person) But I'm not So Don't say hello and Don't ask how Dying you'd only pass by and pretend not to hear my cries Poems by Tommy Dee and Frank Ccc I've been Right Tell Him what a GoodBox you've been all your life Stop all your laughing and give in to Despair Your so-called Friends will do you no good When you're Dying falling in love your , feeling so healthy When laughter was heard I wondered why? 1 was told the truth, which was a lie, Feeling relieved I began to sigh! Barely noticeable, in fact obscured It was quite clear while once a blur. Still, who can know for sure. Sitting around with others viewing a game Claiming to know me they did not know my name. — your Friends, ATTENTION ALL LAW STUDENTS! As your Soul Rotted awax in anticipation of the flesh doing the same Reveling in your achievements While embarrassment is an option It's a little late to be ashamed. Being the case, I will welcome all blame. Thefailing grade has inconspicuously passed the test Though the room is clean some can see the well disguised mess For what is most serious is often spoken in jest Looking in the mirror and Hurting others every inch of the way Show God your transcript when he sends you to Hell Fade Job THE ADVOCATE (yearbook) is now on sale in front of the Law Library. Only $12.50 and chock full of photos of Ist, 2nd & 3rd year students. There is still time left to submit CANDIDS. Drop off pictures from Spring Break at 724 O'Brian in anenvelope withyour name andreturn address byWed.. April 9. CONTEST FOR COVER DESIGN Submit photos, sketches or drawings (Color or Black & White) by Friday. March 28. Winner will receive a free yearbook. Seniors mustreturn all photos to Serendipity, 2256 Genesee St., Buffalo, NY 14211 or you will be charged and not receive your composite. — Longmire continued from page 6 outset. Very few cared thatBernhard Goetz paralyzed Darry Cabey for life. The focus was on poor Craig Allen and Bernhard Goetz. They were under siege by one of them! These evil attitudes clearly evidence our according higher values to the life a white person cused of crimes. Note that this fact does not encompass convictions. Yet, we are all too willing to ascribe guilt to the black per- son, merely because of race. Black individuals are faceless and identified with violence. Hence, the Buffalo media's lack of any attention to Ronald Longmire as a person until well into a trial which occurred almost a year and one-half after the subject incident. Very few cared about Ronald Longmire as a person from the than that of a black person. Racism was indeed at work, at least during the aftermath immediately succeeding the respective events. Because of these prevalent perceptions, one can clearly un- why many were doubtful about Ronald Longmire receiving a fair trial, let alone an acquittal. Perhaps derstand the Spectrum's February 3, 1986 cartoon, which portrayed Ronald as a piece of meat to be fed to a jury of hungry animals, went too far. It certainly did not express any confidence in the fairness of the jury or in the Hon. Julien Kubiniec, the trial judge, or in Paul Cleary, Ronald's attorney. But, the drawing reflected a justifiable lack of hope that Ronald Longmire or any black could be accorded the equal protection of the laws. Fortunately, the outcome gave rise to a renewed hope. The jury and judgeboth worked as diligently as possible to achieve fairness. Ronald, Paul Cleary, and their student-support group fought to present the best case possible and to strive for a just result. And, justice prevailed. The pessimists and cautious optimists were proven wrong. But, they were proven wrong for now. Racism still rears its ugly head in America. We continue to read about and hear of racial strife, for example, in Philadelphia. Apartheid resigns in our own back-yard! This might, in fact, explain why Bernhard Goetz stands unindicted for his very questionable use of deadly force. Until weobliterate completely racial prejudice, the doubts will persist whether justice is truly color blind, let along completely blind. The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 ££ JULY, 1984 ar 74% P a 4 FEBRUARY, 1983 „ T Took 2,214 P H Passed 1,065 * % 48 Change 5£ *S£ e7, -Ti FEBRUARY, T W Took 2,105 1984 % * 44 P H Passed 940 Cha«e in% Fact: Most Students Who Fail The„ New York Bar Exam .-„«. Tlle MBE! .. -_. -4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With nmnw* fm/ MULTISTATE SPECIALIST WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades, CA 90272 MEW YORK OFFICE 450 7th Avenue, Suite 3504 Hew York, NY 10018 (213) 459-8481 (212) 947-2525 EAST COAST OFFICE 211 Bainbrldae Street Philadelphia, PA 19147 (215) 925-4109 NATIONWIDE TOLL TREE NUMBER: (800) 523-0777 The Opinion March 26,1986 12 �SBA Gives Funds To Law Parents Federalists To Sponsor Debate by Peter Scribner The Student Bar Association has agreed to provide $200 in funding for the newly revived Parent Law Student Association. Linda Crovella, President of the organization, requested the funding at the March 19 SBA meeting. The money will be used to help pay for a Pot Luck Dinner planned for April 13, for photocopying material to be sent out to new students this summer along with other orientation information, and for supplying the organization's office in Room 604. This office is apparently used by law students who are parents of infants and need a place to attend to child care needs while at A speakers' forum sponsored by the Law School Project on Canadian-American Legal Issues will feature the lawyers who represented Canada and the United States before the International Court of Justice in the Gulf of Maine Dispute. The 1984 decision by a Special Chamber of the International Court of Justice established the maritime boundary between the two nations in therich fishing grounds of the Gulf of Maine IfIPS Hi school. Also at the March 18meeting, the Black Law Students Association (BLSA) asked for funding to help defray the cost of seven members attending a national conference in New York City. Although the group requested more, the SBA approved the standard $75 given to student groups attending conferences. At the SBA meeting on March 12, John Wiliams requested that the SBA buy an advertisement page in the new law school year book, theAdvocate. As of that date, the Graduate Student Association had bought a half page ad for $125, and the Undergraduate Student Association was considering doing the same. SBA voted to buy a full page ad for $200. This money will be in addition to yearbook funding already authorized by SBA. The comments at the meeting were that since this was the first law school yearbook in some time, the SBA ought to do what it could to insure its success. Following the above expenditures of March 12 and March 19, the SBA still has about $550 in unallocated funds to last the rest of the year. — Georges Bank area. boundary issues for many years before he went to the spectives on Adjudication Before the World Court: The Gulf of Maine Case." (Am. J. Int'l Law, July 1985). Blair Hankey, former deputy agent and counsel for Canada at the World Court, is now Deputy Director U.S. Trade and Economic Relations Division, Canadian Department of External Affairs. He holds a law degree from Oxford University and an L.L.M. from Columbia University. Hankey, as Legal Advisor to the Office of Negotiations of Maritime Boundaries and Resources, was involved in Photo br Paul Hammond . STCpeanIa-ookAlkmrsn ssues World Court to argue the Gulf of Maine Case. - Davis Robinson, a partner in the San Francisco law firm of Pillsbury, Madison and Sutro, was a legal advisor to the United States Department of State and counsel for the United States at the World Court. He is co-author with David Colson of "Some Per- The forum is open to the public and will be held on Wednesday, April 9 at 4:00 p.m. in the Law School Faculty Lounge, 545 O'Brian Hall. It is being supported by the Sea Grant Law Program and the Environmental Law Society. - ents. The debate will be moderated by SUNY Buffalo law professor Charles P. Ewing, whose experience includes juvenile rights issues. - fiS A PUOLIC SERVICE, mSOmLEMAU PRESENTS. r-^ ©EAN CANDIDATE SITS IN WAITING ROOM CHAIR, COMPRESSING BELLOWS AMD POPPING CORK. NOISE SCARES FRAZZLED FIRST YEAR //lA \WWL £ %ZA \\ /s?{TOb|1 \ ffi^ *^L M 1 % P Ul 1 /W^^^S ( S\ j M ¥ \\ V^>/r^K STUDENT, WHO L£APS,bOWERING I FAMILY LAW GRADES. g(||| UDNS-AvUStEO Parents Ulw Assoihllitm. On April 10, 1986 the Buffalo Federalist Society will host a debate between Henry Holzer, professor at Brooklyn Law School, and Harvey Grossman, attorney with the American Civil Liberties Union inChicago. Professor Holzer and Mr. Grossman were opposing counsel in the case of Walter Polovchak, the Soviet boy whose parents sought to take him back to the Soviet Union in 1980. The debate will take place at 3:30 p.m. in the law school's moot court room, first floor O'Brian Hall, on the Amherst Campus of the State University of New York at Buffalo. This will be the first confrontation outside the courtroom between these attorneys and, therefore, the first opportunity for the press and public to confront the important issues raised by the Polovchak case in this forum. It will also provide insight into one of the more curious aspects of the case the involvement of the ACLU, commonly a defender of juvenile rights, on the side of the par- Atfjfr\ / Xg&J ANXIOUS STUDENT RUNS TOWARD / /^\J""| 6RADES, ACTIVAT- ING TRJEADWLUPULLEY SVSTEN\ TU WAS VALVE, JF\__ _ RELEASING RAINWATER. FP^M SEVENTH FLOOR. OF LIBRAR.^P ,J *J 6 fcl r W gT^ fr^TO SPh ■. PARCHED NEW YoRK PRACTICE STUDENT UAPS FOR. GLASS OF WATER.. MOT.OM SCARES PIG EON, RELEASING BOOT, WHICH KICKS SOURMAN REPORT THE PICTURE. OUT OF f% * APOLO6I&S TO HCIB6 bOl\)sE?Jb March 26,1986 The Opinion 13 �m OFF THE 1986 TUITION WHB^J YOU REGISTKFORBAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, MAINE, NEW HAMPSHIRE, OR VERMONT BAR REVIEW. CLASS OF 1986 1986 SIATE SPRING SEMESTER DISCOUNT REGULAR TUITION - 7 1 NEW YORK $875 NEW JERSEY $675 MASS., CONN., MAINE, VT., N.H. $775 YOU PAY ONLY $775 Jk 1 (l(f $575 $675 • —' STATE 1987 1988, & 1989 1987, TO &W REGULAR TUITION NEW YORK $875 NEW JERSEY $675 MASS., CONN., VT., MAINE, N.H. $775 CLASS OF SPRING SEMESTER DISCOUNT YOU PAY ONLY $700 X /jS $500 $600 A *50 DEPOSIT IN NEW YORK NEW JERSEY OR ANY NEW ENGLAND STATE RESERVES THIS PRICE. n _.^A -^ (y>Wu&fl \/ 401 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 A (212)594-3696(201)623^3363 (516) 542-1030 (914) 684^)807 160COMMONWEALTH AVENUE BOSTON. MASSACHUSETTS 02116 (617)437-1171 , 14 The Opinion ,Marc1>26,1986 /*, S^* '/\ *\F f I REMEMBER: THE DAY LAST TO SAVE OFF ™E PRICE IS: J \fr *^V ADL/IJN ML 1 CJDA V <f^ /V T^f Oh, A Tfc¥ ¥VTI? TP/^¥\ A ~\7 \T \ \ �Comics by Chapus Law School Moves every time a music student is car bombed, who gets blamed? We do! Well, just see who has the last laugh now. Today, O'Brian; Tommorrow, Nicara- profitable lecture halls. And an unidentified source at the Office of StudentLife And Fun Things To Do voiced hope that the Sears Law Library would be gua!" turned into a new Student Center. "Sure beats trying to build one, which we probably will never get around to doing No plans for the immediate use of the soon-to-be former law school building were released as of yet by University officials, but one official in the Office of Squeezing Students In Where We Can Fit Them said that the freeing up of O'Brian classrooms will ease the campus-wide shortage of large, anyway." While the Trustees have not yet approved the exact location of the new school, Nathan Bigapel, Chairbeing of the Downtown Location Committee, expects the site will be SCRaT Scorches peaceful. Speakers were enthusiastically received and students frequently broke into st- rains of "We Shall Overcome" and "The Battle Hymn of the Republic." The peace was temporarily disturbed when an illmade Malotov cocktail was hurled into the crowd, although no one was injured when the bottle of Gator-aid stuffed with a lit tuition billfailed to explode. Members of SCRaT indicate that a SCRaT splinter group has claimed responsibility, and Amherst Public Safety have an unnamed first-year student in custody for the attempted bombing. The group claiming "Tuition: responsibility is KIWII," or "Tuition: Keep It Where It Is," which broke off from SCRaT because of ideological differences. Although Tuition: KIWII is ada- mantly opposed to any lowering of tuition, they do not agree with the $2000 a semester raise that SCRaT is proposing. Although the SCRaT protestors themselves were orderly and well-contained, it was expected that some of the more enthusiastic students might take some drastic measures on their own. One SCRaT member handcuffed himself to the law library's newly installed AntiTheft Device. Another established a temporary residency at the Baldy Walkway and Satelite and has gone on an eating spree. When asked why, he replied, "Fasting just sounded too nasty. At least this way I can protest and still eat." The leaders of SCRaT claim that they have "just begun to fight." Now that the weather is Personals continued from page 2 somewhere between Broadway and Washington Square Park in the East Village. When asked if he had perhaps somehow made a terrible miscalculation, that when the Trustees said to move the school downtown, they meant downtown Buffalo, Bigaple, a renowned Rangers fan, snorted, "What the hell you talkin' about? Everybody knows there's only one Downtown! Besides, think of all the commuting time this'll save for most of your students ..." • continued from page 2 improving, they indicate,, the University will be hearing a lot from SCRaT. Planned protests include a sid-down strike which is scheduled for Thursday, March 27. SCRaT requests that at 12:00 noon on that day all students take part in the protest by stopping what they are doing at sitting down on the floor. "We want to look into halls and classrooms, and even the library, and see every student standing up for their rights by sitting down for a good cause. It is actions like this," said SCRaT leaders, "that will make the administration take notice. Right now we're hoping for a personal audience with Steven Sample. If we can get him on our side we should have no trouble getting Albany to give us the tuition hike we deserve." Now Rue Rue has the chicken poxy it was the flu I think she's quite foxy Karen U You work too damn hard! Let's go dance' You know who. Before And I love her too Single while male, mid-20's, seeking neurotic, vindictive bilch for sick, exploitative relation ship. Marriage a possibility. ■ — — First year law student seeks serious relationship with Rusky female. Must not be too itchy and should have nice stereo, like Marabou chocolate, and be extremely flaky Send sloo/y photo to Preppy's box Sabotage part of students in Professor Isabel Marcus' Family Law course (see related stories). According to some reliable reports, students who took Marcus' exam last semester are being detained in 'Room 101' of O'Brian Hall, where they are being brutally tortured by Marcus, in an attempt to extract confessions from those who al- * Nora. Nice tan Qra | Trans admirers. Will the obnoxious people in Grat Trans PLEASE SHUT UP Signed, Unconcerned Students continuedfrom page 2 legedly cheated. Three students were repor- tedly executed after they confessed their guilt, while many others have been reduced to mere vegetables by the systematic torture. "I won't rest until they're all dead," Marcus was overheard as saying. PERSONALS^ ARE HERE! * Each issue you can have your own message printed in The Opinion. Submit this tear sheet to Room 724 O'Brian by Monday, April 14 at 12:00 noon. Message: - MmhW. t«& Jb«PPi"Wl> 15 �SPRING BREAK HAS ARRIVED!!! YOU CAN STILL $AYE IF YOU ENROLL IN THE JOSEPHSON-KLUWER BAR REVIEW COURSE THIS SPRING!! NEW YORK DOWNPAYMENT DISCOUNT* YOUR PRICE $ 50.00 $150.00 $725.00 *DART COUPON DOES NOT APPLY NEW JERSEY DOWNPAYMENT DISCOUNT w/COUPON YOUR PRICE $ 50.00 $100.00** $175.00** $575.00 $500.00 $100.00* *NOT APPLICABLE TO CLASS OF '86 "DISCOUNT INCLUDES $25.00 DART COUPON AGREEMENT , — MUST BE ATTACHED TO ENROLLMENT PENNSYLVANIA DOWNPAYMENT DISCOUNT YOUR PRICE $ 50.00 $100.00* $ 75.00* $125.00* $675.00 $625.00 *DART COUPON DOES NOT APPLY SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US JOSEPHSON-KLUWER LEGAL EDUCATION CENTERS 10 East 21st Street New York, N.Y. 10010 16 The Opinion March 26, 1986 ... / (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-03-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/26/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a924a3146e7cba81edcd4ca726e1e8f5.pdf a35a3c54b8731d58bbfa5e3698b5d710 PDF Text Text Volume 26, No. 13 THOE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 7. 1986 Special Election Issue New SB A Executive Board to Be Chosen in First-Ever Spring Election Wed. and Thurs. by Peter Scribner The Student Bar Association is holding its first ever spring elections for officers on Wednesday and Thursday of this week. Eleven students are competing for the positions of President, Vice President, Secretary and Treasurer. The candidates will meet in an election eve debate at 5:00 p.m. Tuesday afternoon in Room 106.The polls will be open in front of the library from 9:00 a.m. to 5:00 p.m. on Wednesday and Thursday. All first and second year students are eligible to vote for officers. See pages 2 and 3 of this special election edition for personal statements from each candidate. The SBA has also proposed five sets of changes to its constitution. Each proposal must be ratified by a majority of the student body in a referendum to be held along with the elections of SBA officers. Graduating seniors, along with other law students, will be eligible to vote in this constitutional referen- dum. The exact text of each proposal, along with the text of the current constitution, is printed on page 6 in this issue. The following is a summary of each proposal and the reasons for the change. The first proposal involves the selection of SBA committee members. To a large extent, the current constitutional procedures for choosing committee members are not'being followed in practice and are considered to be overly complicated. The proposal revises Article V, which is the article on committees, to reflect more accurately current practices. The proposal calls for an Appointments Committee, to be chaired by the SBA President and to include any SBA Board members who want to participate, to interview potential committee members soon after the fall election of class directors. The Appointments Committee will recommend its choices to the whole SBA Board, which will make the final decision. The SBA may also terminate any appointment by a 2/3 vote. The second proposal creates a Constitutional article allowing constitutional amendments. For some unknown reason, the current constitution does not provide an amending process. The proposal would allow amendments to be proposed by 2/3 of the SBA Board and ratified by a majority of the student body. The third proposal deals with the temporary replacement of SBA officers who are temporarily absent. This proposal arises from the situation last fall, when Vice President Todd Bullard was temporarily absent due to a heart attack, and the constitution was unclear as to how he could be temporarily re- placed. Under the proposal, the SBA Board may temporarily replace an officer who is temporarily or permanently absent. The replacement would serve until the absent officer returns or until a new officer is elected. Any officer or class director who is absent for more than four weeks, or misses four consecutive SBA meetings, will have his or her office declared permanently vacant. In the case of a permanent vacancy, a new election will be held unless there are less than seven weeks before the next scheduled election. The fourth proposal slightly revises the powers of the Board of Directors. The current constitution states that diciplinary actions may be taken against SBA members according to "Article VII of this Constitution." Unfortunately, there is no Article VII, although ByLaw VII , •••••••••• ELECTION CALENDAR Tuesday, April 8 Candidate Debates 5:00 p.m. Room 106 — Wednesday, April 9 & Thursday, April 10 Election of SBA Officers (Ist & 2nd year students eligible to vote) SBA Constitutional Referendum (all students eligible to vote) POLLS OPEN IN FRONT OF LIBRARY ' ********** does refer to discipline actions. The proposal simply states that disciplinary actions, including the suspension or expulsion of members, may be taken according to the Constitution, the By-Laws, and Roberts Rules of Order. Technically speaking, this would allow a majority of the Board of Directors to expel an SBA officer or director, since the constitution requires only a majority of the- SBA Board to pass a by-law. The last proposal simplifies the powers of the President and Vice President. The current Constitution requires those officers to sit as members of some committees that no longer exist. The proposal eliminates the non-existing committees, and also state that the powers of the President and Vice President shall not be limited by the basic provisions of the constitution. The idea behind this proposal is that future SBA Boards and officers may custom fashion the specific duties of these two positions the cirdepending upon cumstances at the time. Presidential Candidates Speak WithThe Opinion by Peter Scribner (Editor's note: In order to help student voters choose from among the four candidates for SBA President, The Opinion in- terviewed each at length. The following is an analysis ofthose interviews:) Who they are: Vicky Argento, a second year student, comes from the small village of East Rochester in Monroe County, a town where "everybody knows everybody." She attended nearby St. John Fisher College, and plans to return after graduation, and work in a small firm or as a solo practitioner. She currently serves as treasurer of the Associatipn of Women Law Stu- dents and as an SBA class director. She is on the Student Lounge Committee and the Academic Dishonesty Investagatory Panel. Todd Bullard comes from Henrietta, another town in the Rochester area. Me attended Allegheny College in Pennsyl- vania, where he served in student government for three years. As a law student, Todd has practicipated in BLSA and the Prisoner's Task Force. He was an SBA class director during his first year, and he served as Parliamentarian and Chairman of the Rules Committee. He was elected SBA Vice President this year. He worked in the State Attorney General's Office last summer and plans to work with a private Syracuse firm this summer. Although heis unsure whether he will pursue a career in the private or public sector after graduation, he thinks he might be interested in politics down the line. Bullard missed much of the second half of the fall semester due to a heart attack. "I feel great now; my health is not a problem." When asked if being SBA President might prove to be too stressful he replied "Not at all. I enjoy student government, and something you enjoy is not stressful." Brett Gilbert originally comes from New Jersey, although he now considers Buffalo his home. He received both his undergraduate and masters degree in Philosophy at the University of Toledo. In between, he spent time in Boston as an astrophysics student, in Ghana as a Peace Corps volunteer, and in New Jersey as a high school teacher. He currently teaches in the UB Philosophy Department along with attending law school. He is on the editorial board of In The Public Interest, and is a member of the Gay Law Students Association. Due to his teaching committments, he has not previously run for SBA office, but he will not be teaching next year. Last summer he worked in a farm workers program in Ohio, and is thinking of either teaching or working with a legal services or a legal aid organization after graduation. John Williams, a first year student from the eastern end of Long Island, was an undergraduate at SUNY Purchase where he was president of the student government for two years. He was elected an SBA director last fall, and fias, served on the Rules Committee and the Budget Program and Review Committee. He is also co-business manager of the year book. After law school he is thinking of working in business or perhaps the media, but he is "definitely not thinking of becomming just another lawyer." Why they are running. Gilbert: "I've been a talker these last two years. Now I want to be a doer, not a talker: put up or shut up. We have to get studentsexcited in order to get things done, and that takes enthusiasm. A lot of students know that I am enthusiastic, even though it may take a few years to get things going. Other candidates don't seem enthusiastic enough. In any case, even if I don't win, it's been fun!" Williams: "As president of my undergraduate student government, I fought for student rights. I love to get involved. Some others may be intimidated: I'm not that way. We may not get all we want, but at least students will be taken into consideration when decisions are made. I think I'm the best one for the job. If I thought another candidate was better, I'd step down. Argento: "I've complained a lot about this law school; now I want to do something about it. I care about people and am very good about working with others. If elected, I will keep bugging the administration to get the things we want, and promise to work very hard." Bullard: "I don't need this for my resume. SBA has fallen short of its potential over the last two years, and I want to bring it back up. I have leadership skills of organization, determination and insight. I also have a practical approach to the limits and the possibilities of what SBA can do. I sincerely believe that I am the most qualified. When I had my heart attack last semester, the response of other students showed what a special place this is. I would like to give something back." Where they stand: Williams bases much of his proposed program for the SBA on his experiences in undergraduate student government. For example, at SUNY Purchase, an Educational Policy Committee of 12 faculty members and three students made most of the major academic decisions. He sees a similar Law School Academic Committee operating here, with perhaps 50% student membership. This committee would decide on such things as course offerings and scheduling and anything that involves academic policy, including for example library continued on page 5 Inside ... Candidate Statements Editorial .. 2,3 4 4 Letters Constitutional Changes .... 6 Law Revue .... 8 8 Gumby . .andmuch, much more! �SBA Executive Board Candidates President an elected office you must have a clear idea of what qualities you possess which will enable you to do the job better than anyone else. Because I can devote the necessary time both this semester and next year, and because I have the capacity to work well with others, I feel that I am the best choice for SBA president. I am fully aware of the prob- Photo Credit: Paul Hammond Vicky Argento, President I am a second-year law student. On April 9 and 10 it will be up to you to decide who is the best person to fill the office of president of the SBA. This is my chance to tell you why I think that person is me. Although there are many characteristics a good president should possess, I feel that there are two things which are critical. The first essential element is that you be able to devote the time necessary to fully execute the duties of president. The second essential element is that you have the capacity to work well with other people. I do not have any other commitments (except for school of course) which would prevent me from focusing my full attention on the SBA. I will not be working during the school year next year and I will not be involved in any other organizations if I am elected president. It is important to know what you are getting yourself into when you run for office. Because I have served as a second-year director of the SBA this year, I have a good understanding of how much of a time commitment the job of president entails. Thus, I am not making an uninformed judgment when I say that I can and will be able to devote the time necessary to be a strong president. In order for the president of the SBA to perform efficiently, he or she has to be able to work well with all different types of people. It is imperative that the president possess this quality to a high degree because it is often the situation where you will be working with people not out of choice but rather out of necessity. No matter what other qualifications a person may have, if you cannot find a way to get along with people you may not agree with then nothing will get done. As president, I think that I would be able to deal with any situation which might arise because I am always ready to listen; I respect other people's views: and I am willing to negotiate. Getting along is the key to an efficiently run organization. As a second-year director, I have worked well with the present executive board and the other class directors. Therefore, I feel that I am the candidate most able to benefit from having the elections in the spring. Because I am ready to spend the time necessary to learn the responsibilities of the office this year and because I can work well with the current SBA President, Lori Cohen, I can take full advantage of her expertise and be well prepared to assume the duties of president at the end of this semester. When you decide to run for 2 The Opinion lems that plague the law school: the need for a perman- ent dean, late grades, undergraduates in the library, heavy traffic through O'Brian Hall, and the shortage of parking spaces. I cannot and will not promise that I have an easy solution to all these problems. I am very much against making a lot of unrealistic promises just in order to get elected. There is one promise that I can make because I know I can keep it. I promise that if you see fit to elect me president of the SBA, I will do my very best to solve the problems that concern all of us and to make this law school a better place. rally our alumni around us. More importantly we have to start lobbying the state legislature and the SUNY board of trustees. Trefuse to believe that the State of New York will let its only public law school dwindle away and become second rate. The state is not aware of students' concerns about the present as well as the future of the law school. The burden rests upon the SBA to let them know our concerns. We have to lobby the Buffalo area state senators and assembly persons. We have .helped to put some of these people into office; now it's their turn to work for us. Many of these Western New York State officials are lawyers with strong contacts with the law school. The SBA could, and should, effectively initiate and organize such a lobbying campaign. Internally, the SBA has to strive for more recognition and Photo Credit: Victor Sicluri John J. Williams, President I want to be president of the SBA because I'm qualified to do the job, and believe I can make the necessary changes and improvements of the SBA. For the past year I have been a firstyear director and through this experience I'm familiar with the issues concerning the SBA. I believe that the law school is suffering from an identity crisis. We don't know whether to believe we are ranked 19 or 39; we don't know if the Dean is acting Dean to win an academy award or to try to guide this law school through these tnubled times. Sometimes I get the feeling that maybe we are just an extension of the UB undergrad circle, only our courses exceed the traditional 400 levelof most senior year undergrad courses. This is evident through the presence of undergrads in the library and the halls of Grand Central Station/O'Brian Hall. Many of us don't know why the law school bookstore only takes checks or money orders, which can be a pain sometimes. Some students are not aware of what the SBA is or does. Many stu- dents don't know how the law school is run. As president I will try to provide answers to these questions. For this law school to be viewed in a more competitive light such as other state law schools, (e.g. University of Michigan or Virginia), the initial thrust has to come from a joint effort of students, faculty, and administrators. We as a team have to start trying to achieve a more definedsense of identity and autonomy by making the UB administration realize that we April 7, 198e delay the posting of student grades should be reminded of professional responthe sibilities of faculty members. do exist and our needs have to be catered to. This year the SBA has tried unsuccessfully to get a meeting with the administration to voice various concerns but they haven't been able to fit us into their busy schedules. If I were president I would bring the SBA to their office and wait until they could fit us into their schedules. All the other professional schools have a true sense of identity. Why not us? The SBA has to look to the outside for help. We need to respect from our own administration and faculty. We should have more input into the budget process. For instance, the law students themselves should be involved in the budget decision process in areas directly affecting their interest, including the CDO and the monies-devoted to teaching and research. Students are the ones who know best where there is poor lighting and we should have some input into what kind of towels we want to dry our hands on in the bathrooms. Have any of you ever actually seen an attendant change those dirty cloth towels in the bathroom? Students tend to think that the SBA is not doing enough. As president I would like to try to work with The Opinion to establish a column in which students submit suggestions for the SBA. The bottom line is that the SBA is a student-run organization and the goals of the SBA have to come from the student body. Contrary to popular belief we don't just throw parties. We have to establish an academic committee to be a counterpart to our social committee. Through the committee the student body could bring up academic concerns thatneed to be addressed at this school. I have the experience of three years as a student body president at SUNY Purchase. I've successfully lobbied in Albany against budget cuts and have served on university-wide budget committees. I'll be a student of this law school for two more years. If elected president, I will set long range goals that I will continue to work on even if I'm not in that position the following year. The bottom, line is that I need your vote to make a difference! Photo Credit:Paul Hammond Brett Gilbert, President My motivation for asking you to elect me president is twofold. First, I would like to continue the strong leadership which Lori Cohen has exhibited this past year. Lori has done a great job and we need a new president who can equal her achievements. I believe I can do that. Second, I would like to apply my experience and concern for student issues so as to effect a few changes here at our law school. After speaking to many students, I believe it can be said that most of us are in agreement about a few key concerns. My qualifications for the office of president are these. I am a second-year law student who is committed to advancing those issues which will help make ours a better law school. I have spoken out frequently on many issues and have always welcomed the feedback of those who disagree with me. This continual dialogue between myself and my fellow students has helped me stay on top of those issues which matter to law students. I have also ~i>een able to develop relationships with my fellow students which are based on candor and honesty. You will always get the truth from me. My experience as a teacher, at the high school and college level, both in the United States and in Ghana, Africa, allows me to ap- preciate the concerns of our faculty so as to be-more able to respond to these concerns. I believe I am qualified to be president ofSBA because I believe I have those qualities which make for an effective representative ofthe collective will of the A second issue I would address as SBA president concerns the lack of word-processors in the law school library. Most of us are aware of the word-processors which are available to members of the Buffalo Law Review. I do not doubt the need of the Law Review to have such machines. In fact, I think it is a great idea. Most first-rate law schools are equipped with word-processors for student use. As SBA president, I will work with the administration to acquire perhaps three or four word-processing* units which would be available to all law students, whether it be for Research and Writing or the Moot Court competition. Our law school should join the ranks of other major law schools by providing this valuable service to its student population. There are of course other issues I would address as SBA president. I would continue and expand the SBA social activities which were so popular this past year, such as the "3-Day Escape Buffalo Weekend" and the parties at Pine Lodge. I would also work with the administration to establish on-going student input as to second and third year course offerings, perhaps through a permanent committee. Finally, I would seek student- support to establish an SBA speakers committee that would sponsor well-known speakers which smaller student organizations cannot afford. In closing, I offer the law school student corpmunity en- thusiastic and assertive leadership. My commitment to making our law school a better place to learn is /strong; my methods of achieving this goal will depend upon honesty and, strength through unity. The best thing about our law school is its students, and it is only because of you that I want to become SBA president. As I have said before at other moments: with your help we will win. Please vote on April 9 and 10. student body. There are several issues - which I find to be on the minds of many law students. They are the kind of issues which SBA can have a significant influence to affect. The first issue concerns the lack of professional responsibility which many law professors exhibit when they do not submit student grades in a reasonable and timely fashion. When students are forced to wait months for their grades, it can only increase the apathy and dislike of law school. This problem is especially aggravating to graduating seniors and those who need completed transcripts for job applications. It is no wonder that the treatment of Legal Ethics is slighted at this law school when so many of our own professors seem unaware of their own ethical and professional responsibilities. As SBA president, I will act as a conduit through which the students can express their thanks to professors who take this concern of students seriously. However, those professors who seriously Hhoto i mlit: Paul Hammond H. Todd Bullard, President I am running for president of SBA because I sincerely believe that I am suited for the position both by temperament and experience. It disturbs me that our student body has shortchanged itself by failing to exercise more student input in the shaping of school policy. We law students should realize our potential to make things happen for the better at this school. I strongly desire to see a more informed and active student body. A vote for me is a vote for balance, strong advocacy and leadership. �Outline Qualifications and Goals Vice President reach and education. From my teaching and organizing experiences, I have acquired many skills which can be valuable for an active, effective SBA vice-president. The ability Photo Cndll: Victor Sklari Jack Luzier, Vice-President A lot of my fellow students already know me and are at least somewhat familiar with my background. For those who aren't or who may wish to know more, a brief synopsis. I was born and raised in Western New York and have lived in Buffalo for the past 11 years. I went to school at Buffalo State, graduated with a degree in exceptional education, and was employed for four-and-a-half years as a special education teacher. Along with teaching, I was very active in local social change efforts, particularly with the Sierra Club Radioactive Waste Campaign, where I helped to organize numerous special events in addition to working on community out- to accept and delegate responsibility, to create positive personal and professional relationships, and to developthorough, creative strategies for dealing with challenges are a few of the strengths I have to offer. In law school, I have contributed my time and talents in a variety of ways. During my tenure as vice-president of the Environmental Law Society, I helped turn an organization which was essentially dormant into a highly visible, active group. I worked on last year's commencement and orientation, and I am presently working with Brian Bornstein on organizing this year's Race Judicata (see article in this issue). Now I wantto do more. I believe that our law school is at an important juncture. The perceived decline in the quality and status of our school, the eroding morale of the student body, and the threat of even more traffic on this campus are just a few of the problems that need everyone's attention, but particularly the SBA board and again and again; who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement; and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know corries short its executives. I do not promise solutions to all of these problems, nor do I claim to have all the answers. But I believe I have the skills, energy and desire to make this a better place for all of us. We all have a duty to be aware and active in creating solutions to what we see as problems, I will promise to keep regular, posted hours at the office and would expect all SBA executives and directors to do the same. We cannot be accountable if we aren't accessible. In the past we have seen too much of an "us against them" attitude, whether it is toward individuals, the administration or the university and community at large. This attitude only in- hibits the implementation of positive answers to our problems. I am willing to listen to the views and ideas of others and fashion collective solutions. I could say more but we lawyers tend to talk too much as it is. The proof is in the person. The next step is for each of you to vote. But it should be far from the last step. Get involved. Thank you for your time. Photo t-refill: Victor Sklari Brian Bornstein, Vice-President I once asked a friend of mine, President Theodore late Roosevelt, what qualities he looks for in an SBA officer, and he stated: "It is not the critic who counts, not the SBA officer who points out how the strong man/woman stumbled, or where the doer of deeds could have done them better. The credit belongs to the SBA officer who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly; who errs and Treasurer of the association.to fulfill what should be its first and foremost duty: to adequately represent the needs and desires of the law Secretary Board do pot go to waste, but are continued until we see some tangible results. The SBA is an organization that can and does add to our experience at UB Law School. But, this does not mean that we should not work to make it better organization. I am willing to work hard toward this end, and welcome any comments, suggestions and advice on how SBA can better serve the needs and concerns of the law stu- a\^ Photo l i rtlil: Paul Hammond Karen Buckley, Secretary As a second year director, I have had an opportunity to be active in SBA and represent my classmates. For my third year, I would like to continue my involvement as secretary. I feel my experience, commitment and willingness to work hard would serve me well in this ca- dents. I would appreciate vote on April 9 and 10. your Thank you for your consider- ation. pacity. The position of SBA Secretary requires more than just attending meetings. Extra hours are called for to ensure that the administration and the student body are fully informed of the issues and concerns addressed by the board, as well as publicizing SBA-sponsored activities. I am willing to put in the extra time and effort to ensure these objectives complished. are ac- The present SBA Executive Board has been working to facilitate communication between the law school administration and students, as well as attempting to amplify the law students' voice In decisions on the University level. This goal is certainly an important and laudable one; however, more needs to be done so that law students have input into decisions regarding John Lord O'Brian both academically and aesthetically, I will make it a priority to see that the efforts of the present SBA Executive — Photo Crtdlt: Victor Sldari Nancy Steiger, Secretary There are far too many complaints among my fellow classmates regarding the ineffec- tiveness of the Student Bar Association. One of the more prevalent complaints includes the accusation that the SBA is nothing more than a social organization responsible for the implementation of parties. Other complaints include the suggestion of phasing out the SBA completely. Admittedly, the SBA has implemented a large number of the parties that occurred this year. The turnout however, was quite impressive and consisted of a cross section of the Law School's student body. Obviously, some of Buffalo's law studentsdon'ttake exception to SBA's parties. students. As a member of SBA, I would work towards strengthening a , SBA serves more functions than merely planning parties. The SBA is the only voice of the law students. It is the only community atmosphere among the law students, achieving more responsive interaction bridge between students and faculty. It is important for us to have this voice because without it we are rendered mute. There are many changes that need to occur within the law school: our reputation needs to be upgraded, we need to gain respect from the University of Buffalo, we need better facilities. The SBA is the only tool we can utilize to implement these changes. In order to accomplish this, the channels between the students and faculty must always remain open. As secretary, some of my plans to accomplish this would be a monthly newsletter to both students and faculty in an effort to keep communication open, and a suggestion box in the mailroom where students can voice their complaints. Although the secretary does not have much political power, it still is an important position. Many of my views will influence the Student Bar Association. I chose to run for secretary for that reason. I want my voice heard, I want the opportunity to I'hnin Cndit: Victor Sklari Susan Biniszkiewicz,Treasurer First of all, let me say that I am aware that the office oftreas- urer requires a relatively heavy time commitment. So many people have warned me about that that I guess I must be either dedicated or stupid to seek the office (take your pick). Nevertheless, I think I'd be a good management (something like an MBA). I am familiar with many different accounting systems and have set up some systems myself, so hopefullyf-it wouldn't take long for me to become familiar with the voucher i imiinuvd On page 5 ganized responsible and enough to fulfill the requirements of the position. Even more important; as a first-year dent, I have two remaining years at Buffalo Law School. What better incentive than that for me to serve my school. I want to see changes implemented because I will be here to experience themI representatives. SBA requires everyone's support, cooperation, concern, and input to make it run effectively. Please provide your input by voting April 9th and 10th. surer include the fact that I am a full-set bookkeeper and have a master's degree in systems accomplish changes within the portant to have this knowledge in order to effectively serve on the executive board. Finally, as a first-year stu- between students and administrators, a better and more extensive course listing, and a closer relationship between students and their elected SBA treasurer. My qualifications for trea- school. Furthermore, I am or- director I became familiar with the Student Bar Association. I know how it works and what it needs to run. I feel that it is im- neither victory nor defeat." If elected SBA vice-president, I pledge to follow the words of Roosevelt. I will give it my all and not back down from any challenges. I will use my experience as an SBA class director, co-social chairman, and student lounge committeeman to pursue concerns of the student body such as the dean search, course selection, late grades, lack of community feeling, and the need for a student lounge. Also, one needs not to forget the broader goals which are to maintain and continue to improve the academic and social excellence at the school. Opinion Ilk photo Cora Alsante, Treasurer Because SBA represents the entirestudent body, it is impor- tant thatits officers are responsive to their opinions and con- cerns. As a first year law student, I realize the importance of taking an active role in student government, and enthusiastically working together with the rest April Photo Crrdil: Victor Siclari Terry Gilbride, Treasurer Being a member of the finance committee this past year, I had an opportunity to work closely with this year's treasurer which enabled me to become acquainted with the responsibilities of the office. Like any other voting member of SBA, the treasurer is faced with the general issues that involve the law school community. Without setting forth an elaborate platform, as a member of SBA, I would like to accomplish the following: 1) Re-establishing the law school's identity within the Uni- versity; 2) Urging the administration to replace former Dean Headrick as soon as possible with a qualified dean; and 3) Obtaining quality mainten- ance of O'Brian Hall. The bulk of the treasurer's continued on page 5 7. 1986 The Opinion 3 �-_T\, r 1 OPINION /■!§ STATEUNIVERSITY OF NEW TORK AT B'-TFALO SCHOOLCF LAW Volume 26, No. 13 April 7, 1986 Editor-in-Chief: Victor R. Siclari Jeff H. Stern News Editor: Paul W. Kullman Features Editor: Timothy J. Burvid Business Manager: Harry Bronson PhotoEditor: Paul F. Hammond Managing Editor: Layout Editor: Production Editor: ContributingEditor: i. Kevin O'Shaughnessy Charles E. Telford Peter Scribner Staff: Idelle Abrams, Craig Atlas, Duane Barnes, Alberto Benitez, Dave Chapus, Sue Clerc, Diane Dean, Michael Gelen, Krista Hughes, Jack Luzier, Dave Platt, Melinda K. Schneider, Amy Sullivan, Dana Young. Next Issue 4/23 — Deadline 4/14 c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Endorsements: More Trouble Than They Are Worth After considering the advantages and disadvantages, this newspaper, in accordance with its long-standing policy, has chosen not to endorse candidates in this week's SBA election. Furthermore, we question the wisdom of endorsements in law school elections. No one doubts the right of any student to state publicly his or her view on SBA candidates. But is it a good idea for school organizations or their officers to endorse SBA candidates officially? This question arises because, in a letter published in the last edition of The Opinion (Vol. 26, No. 12), the three outgoing SBA Executive Board officers publically endorsed one of the candidates running for SBA President. Apparently they got together on their own, and made their decision without consulting anyone else on SBA. How was this endorsement made? What characteristics were they looking for? How well did they know all the candidates? Why did they only endorse a candidate in the presidential race? Were they out to get someone? And how can anyone know whether the endorsement was based upon the cryptic reasons briefly stated in their letter, or was made for more private reasons? Two issues are presented here. The narrow question is whether SBA Executive Board members should endorse candidates. On the one hand, an SBA executive officer is in a good position to determine the qualifications a candidate needs for that office. But such endorsements compromise the custom of executive neutrality. For example, the SBA President traditionally not vote at SBA Board meetings, remaining instead a non-partisan presiding officer. But how can this officerremain non-partisan while actively participating in the most partisan event of the year? Furthermore, won't endorsements work to the unfair disadvantage of those candidates who disagree with the current officers during the year? Will endorsements perpetuate the 'ins' at the expense of the 'outs'? And, if nothing else, doesn't the current controversy illustrate how endorsements can divertattention from the election itself, which is, after all, the main event? The letter from nine SBA directors appearing opposite this column correctly sets out the problem. Spring elections are a new thing. Endorsements by SBA officials are likewise a novelty. The question is complicated and controversial. Therefore, the whole SBA Board ought to have debated the wisdom of endorsements before the current officers took their unilateral action. The second, and broader, issue is the value of endorsements in general. The whole purpose of an endorsement is to put the prestige of the endorser behind one candidate, at the expense of the others. How can you, the voting student, judge the soundness of an endorsement? Quite simply, you can't. You shouldn't vote for or against a candidate simply because someone else says you ought to, even if that someone else is a person whose own abilities you may respect. There is no reason why you cannot make your own decision, based upon your personal contact with the candidates, the reams of information contained in this special election issue, and the candidate debates to be held the afternoon before the election. You don't need someone else's help. After all, the that really counts is your own. only do^s endorsement The Opinion will be holding its annual elections for Editorial Board positions on Thursday, April 10, at 5 p.m. in Room 724. All first and second year students are eligible to run. 4 The Opinion April 7, 1986 Letters to the Editor SBA "Endorsement" Attacked Dear Editor: This letter is written in response to the SBA presidential "endorsement" which appeared in the last (March 26th) edition of The Opinion. First, we wish to make clear that such "endorsement" was the product of three members of the SBA Executive Board, and not of the 21-member Board of Directors. The Board of Directors had no knowledge that any such endorsement was to be made, and had absolutely no input into this procedure. This year, with overwhelming approval of both the student body and Board of Directors, SBA Executive Office elections (President, Vice-President, Treasurer and Secretary) were moved from early fall semester to late spring semester. The issue of the propriety of officeholder endorsements of candidates is thus a novel one. We believe the issue is of sufficient importance to merit discussion Editor: This letter is in reference to the recent "endorsement" of a presidential candidate by a majority of the current executive board. Since I am running for an executive board position, I believe it may be viewed as improper for me to publicly take a stand on the propriety of that endorsement. I believe that other individuals in this school are addressing that issue. I do not know if the present by the Board as a whole, after receiving feedback from the law school community. The clandestine manner in which the three Executive Board members went about publishing their endorsement shows a willful and callous disregard on dorsement" positions. However, in anticipation of possible endorsements and at the risk of being presumptuous, I choose not to accept any public endorsement from these individuals. In addition, the present executives have been involved in moderating the election "debates". Clearly, moderation of election debates should be by unbiased individuals. Any mdi amount of Sincerely, Sim Goldman Third Year Director their part to the opinions of the law school student body and their elected representatives. By the time this letter is read, the issue ofSBA endorsements will likely have been aired and discussed fully at a weekly SBA meeting. We find it regrettable that the three' individuals (Lori Cohen, Jerry O'Connor and Colleen Rogers) shunned the input of the Board of Directors and the law school community in both unilaterally choosing whether to make endorsements, and deciding whom to endorse in the upcoming election. We trust that students will give the Executive Board's "en- executives plan on endorsing other candidates for executive the credence which it deserves, and will make their own intelligent choices in this election. Leslie Stroth Third Year Director Nancy Holtby Second Year Director Karen Buckley Second Year Director Susan Biniszkiewicz First Year Director Delano Robinson Third Year Director Joe Jarzembek Third Year Director Brian Bornstein Second Year Director Lionel Rigler Third Year Director cation of public or private favoritism should disqualify such individual from involve- ment in events. supposed neutral Therefore, in the interest of the integrity of the electoral process, the next election debate should be moderated by individuals who have not publicly endorsed any candidate. To the otherwise would be improper and unethical. Jack Luzier A Solution to the Marcus Affair Law school is an alienating experience. Dean Schlegel acknowledged this by citing (with genuine frustration) the prevalent individualistic form of education; he would rather see group learning. This is a valid bufharrow acknowledgement of alienation, leading to the conclusion that we do not have an ideal educational system and thus students must reconcile themselves to an alienating process. The idea that law school is arj alienating experience illuminates the dynamics of the family law exam dilemma. Students sign up for a course but retain little control over the curriculum, the presentation, the professor's perception of what has or has not been understood by the class. Professor Marcus suggests that students could have consulted with her and expressed their dissatisfaction. But how affect the power relationships inherent in a lecture composed of roughly one eighth of the entire law school? Would students have gained control over curriculum, rate of assignment, content of class discussion, clarity of information conveyed, ratio of anecdote to doctrine, emotional tone of a critique of a dearlyheld value? Surely, one may argue, approaching the professor is a step. But this fails to account for the fact that students arrive at class already having experienced alienation. (I am not asking for approval, I am just asking for insight.) The family law class may have been more frustrating than some others because of its size and the style of the professor and even the ambiguous thrust of the course. Possibly the class held a recalcitrant attitude towards new and radical ideas. Yet, doesn't the requirement that students had to reexamine their values bear crucially on their difficultyin tolerating the frustration that comes with trying to grasp a course? I believe that it is a healthy response on the part of students to talk amongst themselves, to give each other support, to acknowledge the broad and ambiguous nature of the exam, to express frustration with the course as a whole. Where, then, does one draw the line between contact that lessens alienation and "cheating"? During any popular uprising, authorities are forced to fjush definitional lines to extremes unacceptable under other circumstances. The Supreme Court in Blaisdale held a breach of contract not to be a breach under the circumstances of the Great Depression. The administration fears to put its own integrity in question by tolerating a breach of test-taking duty. Yet, as in Blaisdale, the breach is so widespread that the norm itself may be forced to conform. To some degree, students responded to a more-than-ordinarily-alienated situation by taking control into their own hands. It was suggested that each student, having heard a vague and possibly incorrect version of one or both of the exam questions, ask the professor whether it was alright to take the exam. How absurd! The student is expected to yield up every iota of power even the personal decision as to whether their exposure to information makes them ineligible to be examined in a course. And paradoxically, those students with most knowledge of the exam ques- — tions would have been best suited to judge the value of their premature exposure. Since the questions were broad and vague, it is unlikely that a student would have disqualified him or herself by virtue of that exposure. It is only by reference to an external and alienated continued on page 5 Moynihan Accepts Invitation We are finally getting somewhere with Commencement! Daniel Patrick Moynihan has accepted our invitation to speak at our Commencement. In addition. Prof. Joyce will be the Faculty Speaker and WalterRamos the Student Speaker. We are planning a picnic for Commencement weekend and the party at the Marriott is coming along. We will be asking students to determine how many tickets they are going to need for the reception so that we may order enough food. Tickets will be $2 each for the first five, and $1 each for any additional tick- ets. Any first or second year students interested in being an usher on the day of Commencement should leave a note in my box (#720). Any assistance would be greatly appreciated. Let's enjoy!) Gina M. Peca �Candidate Interviews hours and the CDO budget. Williams also believes stu- dents should have "input into the initial law school budget decisions" and should be involved in lobbying efforts with the state legislature to insure the school is provided for. When asked if he thought it was realistic for law students to engage in such ambitious activities, he said "it is very realistic" and again cited his under- graduate experiences. Brett Gilbert supports a long list of specific programs. For starters, he would like to see word processors installed in the law library, and student training in their use. "Other schools have walls lined with them." He believes that the late grading practices of some professsors are "ethically inexcusable. I'm a [UB Philosophy] teacher, and I have to get my grades in in four days." He thinks that legal ethics could be taught in a more serious manner here. "We could start by using law school ethical considerations, such as cheating, as a starting point for discussions." Like Williams, Gilbert believes that there should be more student input in course selection. Both propose a committee with 50% student membership. But while Williams' committee would be involved , selection. He would like to see a system developed where students who are interested in a seminar on a particular subject could petition the faculty to consider the request. When asked if he supports the idea of SBA passing resolu- tions purporting to reflect student opinion on controversial political issues, he replied that such resolutions would have much greater impact if they were passed by the student body in a referendum. "The very act of holding a referendum is a newsworthy event", and as an example he pointed out the Brown University student referendum on nuclear weapons. Todd Bullard is mostly concerned with the internal operation of the SBA, and its relation- ship to student organizations and the student body. He be- lieves that as Vice President this year he received poor treatment from other SBA officers, especially from President "Lori Cohen, whom he called "vindictive." He is especially upset that the other officers secretly got together and agreed to endorse another presidential candidate, and he does not attempt to con- ceal his bitterness. But he believes he would avoid such problems next year. "Our biggest problem is lack with all aspects of academic decisionmaking, Gilbert is pro- of communication, both within the SBA and within the student posing a more limited committee that would act as an advisory board to the faculty in the areas of course offerings and body." He believes the key is better publicity, and proposes that SBA set up a communica- Biniszkiewicz .. system required by Sub Board. As a first year director, I've also had a chance to see how the SBA operates. Chairing the rules committee has given me a chance to help write changes to the present SBA constitution, and also to acquire some insight into how (and whether) the system can be changed. tions committee. He also thinks practice is- that the Treasurer changed. In my opinion, the Finance Committee should be selected by the same process and by the same committee that determines who will serve on committees like Library, Dean Search, and FSRB. Current far short of that goal. So far, all of the conference money requests have had merit, but under this system, one student traveling to Washington gets — — Marcus . standard that a student should have yielded that decision back to the professor. The administration insists on the form of the act, while the students insist on the substance of their decision. When viewed from this perspective, even those who consciously and carefully transferred the exam questions between themselves may be re- garded as occupying the far end of a continuum of a response to alienation. Professor Berger barked about setting an example. Dean Schlegel meowed in agree- hanced to improve publicity and to help keep the executive board in touch with each other and with other SBA directors. As the cv rrent Vice President, he thinks that the position should be expanded. "My Vice President will assist me in dealing with the Law School and University Administration." He also sees the Vice President maintaining contact with other university student governments and organizations, as well as engaging in his own or her own "pet projects." Bullard would like to see SBA, meet only once every two weeks, rather than weekly as is now the case. The time in between could be used for such things as a proposed Organiza- tional Caucus, where representatives of all law school student could meet organizations monthly and coordinate ac- tivities and contributions. He would like to "avoid back stabbing between organizations" which he sees happening now, especially in the budget pro- cess. He would also like to see better orientation for newly elected SBA directors. "My whole theme is more organiza- tion and more unity." * Bullard also proposes to hold formal Student/Faculty panel discussions or forums, where students could voice concerns to faculty members. "A student moderator would direct comments into positive areas." He believes students should "continue to agitate for a permanent • •eoAUnued from page dean, and not acquiesce to the plan for an interim dean." And in general, he hopes students would get more involved in law school concerns. "I would want to see Schlegel's appointment book filled with students wanting to see him." Vicky Argento's biggest concern, like Bullard's, is lack of communication. "People don't know what's going on." She would want to speak at first year orientation, and also spend a few moments in some classes to explain what's happening in SBA. "Students might not be so dissatisfied if someone was willing to go to them." She also would like to establish regular office hours for students to get a hold of her_ in the SBA office, and wants to set up an SBA suggestion box. A student activities bulletin board protected by glass doors and maintained by the SBA Secretary would also help, she believes. Also like Bullard, Argento is mostly concerned with the operation of the SBA as an effective student government. For example, earlier this spring, the SBA heard reports that some law school committees were not meeting. "The student committee members should report to the SBA about what is going on with their committees. And if they are not meeting, the SBA president should meet with the chairman and find out why." When asked whether she thought she could accomplish I something if a committee was chaired by a seasoned faculty member, she replied "I can be a real pest, and am not discouraged easily. I'm willing to put in as much time as is necessary." Argento also believes that the faculty should be more involved in or at least informed about SBA and other student activities. She would like to send them an SBA newsletter and invite them to attend SBA meetings. She also envisions student/faculty forums where students could ask faculty members questions on either special or general issues in a structured environment. She cited the recent meeting on the academic honesty code with Schlegel as a good example. When asked about the problem of late grades, she suggested that SBA might compile a public list of the worst offenders to help inform unsuspecting students. But it was pointed that this just accommodated the problem rather than solved it. Students would choose professors based upon their grading speed rather than their academic qualifications. In fact, her idea might encourage instructors procrastinating since their students couldn't complain about lack of notice of grading practices. After con- sidering thesepoints, she agreed that the idea of publicizing late grading practices maybe wasn't such a good one after all. • ••••• continued from page 3 selects the committee members. There is potential for abuse in such a system, and it should be eliminated. Another thing I would like to see changed is the present system of allocating monies for law school students to attend conferences. Currently, the Board of Directors usually approves $75 per conference. The $75 limit rule was initiated in the interests of fairness, but it That brings me to the subject of what I would like to see the Secretary's job could be en- results in something that falls $75, three students attending a conference in California each get $25, and 20 students traveling to Chicago collect a whopping $3.75 apiece. Besides the economic unfairness of such a system, there is no relationship between money spent and benefit to the school. I would like to see a program set up whereby money would be allocated on a basis of number of students attending, and cost of the conference would be weighed against value to the school. One method of doing this would be to consider requests for conference funds together, instead of on a case-bycase basis as is presently done. • ment. It is dangerous, it is always dangerous, to make an exception. But there is more than one example to set, more than one problem to solve. This is a school. If the deans want the students to learn, then the deans should teach. This phenomenon was, in a sense, a popular uprising, but it was also an aggregate of many personal decisions. If the deans and professors quarrel with the criteria relied upon in formulating those decisions, they should challenge them in a forthright, constructive and continued from page 4 thoughtful manner. I do not offer a perfect method for accomplishing this task. But granting amnesty and asking students to come in and talk is a way to stimulate thinking and both directly and indirectly disseminate to students new criteria for making future decisions. The very point of Professor Marcus' course in family law was to empower the student to question values and translate them into action. Elan Gerstmann Probably one of the best ways to accomplish this would be to hold hearings before the Fi- nance Committee once or twice a semester, and then have the committee's recommendations on conference funds presented to the SBA Board of Directors for final vote. It's true that it would be somewhat more complicated than the present system, but it seems to me that right now we're penalizing the programs that inspire the most interest. between the Treasurer and student organizations. The most consistent complaints I have heard are that vouchers aren't properly submitted and that money is too slow in coming. I have no magic solution, but I do know that something has to be done. I'm open to constructive suggestion, and if the solution would be to hold occassional meetings with organization representatives, or to attend an occasional organization meeting, I'm willing to try. In short, I know it's a tough job, but I want it anyway. If elected, I'll do my best. Please give me your vote. The last issue I'd like to address is probably by far the most important: coordination Gilbride ...... duties, however, involve a number of administrative functions; namely, working with the finance committee, handling budget proposals, and disbursing funds. To these ends I can only promise that I will meet • ••••• continued from page 3 these demands to the best of .ny ability with fairness and efficiency. I would appreciate and your support urge everyone to make an informed choice. VOTE IN THE SBA ELECTIONS WEDNESDAY AND THURSDAY ** ***** 5|C American Secretarial Service, Inc. 945 Ellicott Square Building 852-0958 Term Papers Word Processing Steiger. Todd Bullard. Vicky Argento. SBA candidates (I to r): Jack Lu-.ier. Briar. Bornstein. Brett Gilbert. John Williams. Nancy Susan Biniszkiewicz. Terry Gilhride. • • Resumes • Reasonable Rates •Student Discounts • Quick Returns April 7, 1986 The Opinion 5 �Text of Proposed SBA Constitutional Changes Proposed SBA Constitutional Changes: (As mentioned elsewhere ir this issue, the SBA is proposing that the following five changes be made to its constitution. Each of these amendments must be approved by a majority of the student body in a referendum to be held along with the election of officers, i Proposal #1: Revision of com- mittee selection system: This proposal completely reworks Article V of the Constitution. The proposed Article V reads: Section 1: The Committees of the SBA shall beas provided for in the By-Laws. Section 2: Except as provided for in the By-Laws, appointments to Law School and University committees will be made in the same manner and at the same time as appointments to committees of the SBA. Section 3: AppointmentsCommittee 1. The Appointments Committee will be chaired by the President of the SBA, and will include the Vice-President, Secretary, Treasurerandany otherDirectors who wish to participate. 2. As soon as practical after the Fall elections, the Appointments Committee will publicize available committee positions and interview prospective candidates in accordance with the By-Laws Interviews shall take place no earlier than oneweek after committee positions have been publicized. 3. Recommendations of the Appointments Committee will be given to the Board of Directors at the first regular SBA meeting following the interviews. Approval of any recommendations will be made by a majority of the Board of Directors, present and voting. Section 4: All committee appointees will serve fromthe time of their confirmation by the Board of Directors until their successors are duly confirmed, unless removed under the provisions of Section 5, below. Section 5: Should the Board ofDirectors, for any reason, wish to terminate theap- pointment of any SBA member to any committee, it may do so by a two-thirds University Committee, under procedures set forth in the By-Laws. (2 3) vote. This proposal replaces the current Article V, which reads as follows: Section 1: The Standing Committees of the Board shall be Admissions and Records, Appointments, Athletic and Social, Distinguished Visitor's Forum, ExternalAffairs, Finance, Placement, Rules, and Advisement. Section 2: Special Committees may be created by the President or the Board from time to time as it is deemed necessary, provided that the creation of such Committees and the specific mandate of such Committees, shallbe madewith the advice and consent of a majority of the Board, presentand voting. ThePresident shall make appointments to such committees with the advice and consent of a majority of the Board, present and voting; if the President refuses to do so, the Board may assume this duty for specific Committees by a two-thirds (2/3) vote of its members, present and voting. A Special Committee shall exist until disbanded by a two-thirds (2/3) vote of the Board, present and voting. Section 3: Appointmentsto Committees. 1. The SBA Appointments Committee shall be made up of only members of theBoard. 2. No Standing or Special SBA Committee shall have less than five members. 3. Appointments of SBA Officers and Directors to Standing and Special SBA Committees shall be made by the President with the advice and consent of a majority of the Board, present and voting, providing that each committee has at least 2 members from the Board. 4. Appointments of SBA Officers and Directors to Law School and University Committees shallbe made by thePresident with the advice and consent of a majority of the Board, present and voting, providing that each committee has at least one member from the Board. 5 The SBA Appointments Committee may, with the advice and consent of a majority of the Board, present and voting, appoint non-Board members to participate as full members of any Standing or Special SBA Committee (except Ap pointments) and of any Law School or Section4: Term of Office of Appointees. 1. All Committee members must be appointed as soon as possible after electionseach fall, and shall serve until their successors are duly appointed. 2. Notwithstanding Paragraph 1, if a vacancy occurs in the office of President, the terms of all appointees shall end one week after the newly elected President takes office. During that one week period, the President may reappoint, without the advice and consent of the Board, any appointee. All positions not reappointed shallbe filledunder the provisions of Section 3, above. 3. Notwithstanding any other provisions in thisConstitution, the Boardmay, upon the motion of any member of the SBA, by a two-thirds (2/3) vote of those present and voting, terminate the appointment of any committee member, including that of an officer specifically designated to a committeeunder thelanguage of this Constitution. Any vacancy occuring under this provision shall be filled under the provisions of Section 3, above 4. If a vacancy occurs in any committee, the vacancyshallbe filledunder the provisions of Section 3, above. Proposal #2: The current Constitution does not include a provision for amendment. The following proposal will be added as a new Article VI: : Section 1 Amendments to thisConstitution will be proposed by the Board by a two-thirds (2 3) vote, and ratified by the membership of the SBA by a simple majority of the votes cast. Section 2: Any referendum for the purpose of Constitutional change will take place on two consecutive school days, will be well-publicized prior to the vote, and will be conducted according to any additional rules setforth in theBy-Laws. Proposal #3: The current Constitution does not provide for the temporary replacement of officers. The proposal, which will revise and expand Article 111, Section 5 and 6, reads as fol- - lows: Section 5: Temporary Absence and Permanent Elective Office: 1.Temporary absence: Officers or directors are temporary absent when they are temporarily unable to carry out the responsibilities of theirposition or when their position has been declared permanently vacant and no successor has been elected. 2. Substitution of a temporarily absent officer: a) A temporary substitute may be appointed whenever an officer is temporarily absent or whenever an officer temporarily assumes another SBA office. b) If the President is temporarily absent, the Vice President shall temporarily assume that office. If another officer is temporarily absent, the board may appoint a board member to serve as a temporary substitute. c) A class director who is appointed a temporary substitute officer shall also continue to serve as a class director. d) A temporary substitute officer shall serve until the permanent officer returns from a tempory absence or until a new. officer is elected. A candidate elected in the regularly scheduled spring elections ofofficers shall immediately replace a temporary substitute officer. c) No temporary substitute shall be appointed for class directors who are temporarily absent. 3) Permanent Vacancy: a) The Board shall declare an elective office permanently vacant if the holder of the position resigns, is removed from office, or is temporarily absent for SUMMER SESSIONS 1986 • May 19 to June 30 CREDITS COURSE Commercial Paper Conflicts of Law Debtor-Creditor Evidence Family Law Law and Medicine Remedies Secured Transactions The Child, The Family and The State Unfair Trade Practices Wills, Trusts and Estates 3 3 3 4 3 3 3 3 SUMMER SESSION II July 1 to August 11 COURSE . CREDITS AdministrativeLaw Comparative Law Federal Courts Federal Income Taxation of Individuals InternationalLaw Legal Issues in Public Education Legislative Process 3 3 3 4 3 3 3 3 3 4 UNIVERSITY SCHOOL OF LAW Hempstead, Long Island, New York 11550 Holstra University It an equal educational opportunity institution 6 The Opinion April 7. 1986 permanently vacant. c) If a permanent vacancy occures in an elective office other than the office of President and there are more than seven class weeks beforethe next regularly scheduled election ofexecutive board officers or, in the case of a vacancy in a class director position, seven weeks before the end of the semester, an election must be held to fill the term, such election to take place no later than eighteen (18) class days after the vacancy occurs. The election may be waived at the discretion of the SBA Board if no more than one candidate meets the requirements for a valid candidacy as determined by SBA. Section 6: No member may hold more than one permanent position as a member of the Board of Directors at one time, and shall have only one vote. The current Article 111 Section 5 and 6, which would be replaced by the above proposal, reads as follows: 1. If a vacancy occurs in an elective office and there are more than fortyeight (48) class days left in the term of office of the departed Board members, and election must be held to fill the term, such election to take place no later than eighteen (18) class days after the vacancy occurs. The election may be waived at the discretion of the SBA Board if no more than one candidate meets the recontinued on page 7 A unique, multidisciplinary course of study offering a singular educational opportunity for lawyers whowish to practice in this dynamic, fast growing area of specialization. Taught by faculty of the Boston University School of Law, management experts, and eminent banking law attorneys, this innovative program provides an exceptional blend of intellectual and practical education at one of the nation'sforemost law schools. The curriculum hasbeen meticulously designed to provide courses covering the full range of banking law subjects and courses specially developed to introduce lawyers to the legal, economicand managerial aspects of the financial services industry. Applications are now being accepted for full or part-time enrollment in September 1986. For Further Information Write or Call: (516) 560-5916 HOFSTRA more than four (4) consecutive class weeks or four (4) consecutive SBA meetings, which ever is less. b) If a permanent vacancy occures in the office of President, theVice President shall assume that office for the remander of the term. The office of Vice President shallthen be declared Master ofLaws ' Boston University School of Law HOFSTRA LAW SCHOOL SUMMER SESSION I Vacancy in |§9 J JNU iHTMTirMfm. i !*!= For a catalog containing detailed information and application forms, write: Graduate Program In Banking Law Studies Morin Centerfor Banking Law Studies Boston University School of I .aw 765 < lommonwealth Avenue Boston, Massachusetts 02215 or call: 617/353-3023 �Text. The Buffalo Law Review is pleased to announce the election results for the 1986-87 Editorial Board: EDITORIAL DEPARTMENT SPECIAL! mSS «Mafs U EDITOR-IN-CHIEF PaulWessel PUBLICATIONS DEPARTMENT With this ad... PACKAGE OF 50! Includes •• • | Typeset 1 pg. resumes (BV2 x 11, black ink) 50 Matching Blank Sheets 50 Matching Blank Envelopes PROFESSIONAL ARTICLES DEPARTMENT ARTICLES EDITORS | JohnK.Lapiana Evan Shapiro Jane Smith BOOK REVIEW EDITOR Robert Lehrman Hugh M Russ, 111 I [ STUDENT ARTICLES DEPARTMENT Anne Adams Bradford P. Anderson SpencerG. Feldman Janice Furioso James Hazel GRADUATES CALL Motor Company ■ You must receive at least a bachelor's degree or a state RN license between October 1, 1985 and September 30, 1986. n A F For Pre-approved Credit from Ford Credit ■ You must have verifiable employment that begins within 120 days of your qualifying vehicle purchase at a salary sufficient to cover ordinary living expenses and your vehicle payment. ■ Your credit record, if you have one, must mdicate payment made as a«reed- You are eligible for $400 you, /inance even/ yourfourchase. Use it down your paytoward ment or get a check from Ford after the purchase or lease. These Vehicles Are The amo unt y.ouJ pre' Included In The Plan approved l credit ,s deterEscort, Escort EXP, Ford: mined by the qualified 1 x / .„„ i. SSSrtST* Mercury: Lynx, Topaz, Capri, Cougar Ford Truck: Aerostar, Bronco 11, Ranger, F-150 & F-250 - ,1% O°^ "^°^^^° O 19 |9 AJhAf\ ""■■ If a vehicle is not in dealer stock, it must be ordered by June 1, 1986. Delivery of all vehicles must be taken by August 31, 1986. or £how to C G£ C/> q «Ucle you buy , omp etc f C Z* M^ HF^ Proposal #4: Revision to pow- ers of the Board of Directors: Article IV, Section 1, paragraph 3 currently reads as follows: 3. The Board shall additionally be empowered to make any and all By-Laws, give or withhold its advice and consent to such activities as thisConstitution or any rules promulgated in pursuance thereofshall require, pursue disciplinary actions against officers and SBA members according to whatever procedures are provided in Article VII of this Constitution and the parliamentaryauthority herein adhered to, and generally exer cisc whatever powers may be granted to it by other Articles of thisConstitution. The proposal modifies the end of this paragraph to read as follows: The Board shall additionally be empowered , ... pursue to disciplinary action^ including suspension or expulsion, against officers and SBA members according to what procedures are provided ever^ for in this Constitution, the SBA By-Laws, and Robert's Rules of Order. FOR $400 AND PRE-APPROVED CREDIT ON A NEW FORD «?* . Section 6: No member may hold more than one position as a member of the Bogrd of Directors at one time. . Proposal #5: Modification of 1-800-4574065 ■ And don't forget...you ™us* at least a bachelor s degree or a state m license between October 1, 1985 and Sep. tember 30, 1986. . SENIOR EDITORS during the upcoming year. For $400 from Ford I Bruce W. Hoover Steven Ricca JamesG.Hunt Joel Schecter Susan Kreidler EricSnyder John L.Martin Samuel M. Spiritos Bonnie L. Mettica Martin Zuffranieri Nelson Scott Pierce The new Editorial Board looks forward to working with the Faculty. Staff, and Administration of the Buffalo Law School 635-0100 It's Easy To Qualify ing. HEAD NOTE AND COMMENT EDITOR Thomas L. Jipping NOTE AND COMMENT EDITORS Miriam Bandes Karen Grasberger WilliamC. Schoelkopf ] PhilChamot John Harris Robert Simpson i James Hunt ] CHOOSE FROM VARIOUS TYPESTYLES & PAPERS! 3 DAY SERVICE — SAVE $5.00 NOW Save this coupon. Expires 4/30/86 Serving North & South Campuses! 1676 Niagara Falls Blvd. 3171 Main Street Tonawanda, NY 14150 Buffalo. NY 14214 834-7046 \ David Flynn Mary Ellen Gunnison Martha Post' BUSINESS EDITOR SYSTEMS EDITOR ChristopherDoyle Steven Katz ] FOR STUDENTS & FACULTY inrcl^e) ignation of the Board member and the installation of the newly elected Board member,thePresident may, if necessary appoint an individual to fill the vacancy, with theadviceand consent of a majority of the Board, present and voting. 2. If there are less than forty-eight (48) class days left in theterm of office of the departed Board member, the President may appoint a successor to fill out the term, with the advice and consent of a majority of the Board, present and vot- EDITOR EXECUTIVE KeithA.Fabi • continued from fM^e 6 quirements for a valid candidacy as determined by SBA. a) During the period between the res- ~ deSa±T et Your $400 plus pre-approved credit, call the toll-free number today. 1-800*457-4065 the powers of the President and Vice President: The proposal revises Article IV, Section 2 and 3 to read as follows: Section 2: The duties of the President shall include, but not be limited to: 1) Preside over all meetings of the Board as per Robert's mules of Order, this Constitution and the rules promulgated in persuance thereof, / 2) Be a member and chair/man of the SBA Appointments Committee, 3) Be responsible for the execution of all resolutions passed by the Board. Section 3: The duties ofthe Vice President shall include but pot be limited to: 1) Assume the duties of the President in the President's ab- sence, 2) Assist in the execution of the duties of the President The current Article IV, Section 2 and 3 reads as follows: Section 2: The duties of the President shall be to: 1. Preside over all meetings of the Board as per Robert's Rules of Order, this Constitution and the rules promulgated in pursuance thereof, 2. Serve as a member ex officio of all committees of the SBA and the law school, 3. Serve on the Budget and Program Review Committee, 4. Be a member and chairman of the SBA Appointments Committee, 5. Be responsible for the execution of all resolutions passed by the Board. Section 3: The duties of the Vice President shallbe to: 1. Assume the duties of the President in his absence, 2. Be a member and chairman of the External Affairs Committee. AVIATION LAW SEMINAR Guest Speaker DONALD GARVET Systems Director Pan American World Airlines on "Airline Survival in the Era of Deregulation" April 11, 1986at 3:00 p.m. 212 O'Brian Hall ALL ARE WELCOME AprU7. 1986 , Th* Opinion 7 �Law Revue Unorganized and Uneven, But Still a Good Time by Susan Clerc A sizable crowd gathered at the Tralfamadore Cafe Sunday, March 23, to drink and talk, and ignore the 50th Annual Law Revue. The program, which in- cluded more music and less comedy than last year, doubled as a telethon to raise money to buy the law school a dean. In spite of a special appearance by Mr. Tax himself, Lou Del Cotto, to explain charitable contributions, Dean-Aide failed to raise a dime. Dubbed by some "the show that would not end," the 1986 Law Revue suffered from a lack of organization as well as viewer apathy. Last minute rehear\ sal went on (and on) well after the room began to fill. No one knew when the Revue would start. Indeed, many in the audience failed to notice that it had started, so intent were most on discussing who's going with who, who's going where, and who's getting what interviews. When those present did pry themselves away from their , conversations it was for the benefit of the bartender. Onstage activities were a mere dis-' traction. As a consequence of the incessant droning from the tables, most musicians and singers were hard pressed to make themselves heard. Performers in the second half had also to contend with an uncooperative sound system. Due to either, or both, of these factors Paul Karp and his guitar, Forrest Strauss and his piano, Karen Vance and the 17th century, and Tim Howe and his pigeons were inaudible to anyone seated amid the Babel beyond the first ring of tables. The Hot Cargo String Band fared somewhat better, due solely to their numbers, but a fair evaluation of their performance is still impossible. No doubt those who heard the acts were pleased. The show-stealers were the last up, a group described in the program as a "very Hot Jazz/R&B Band that doesn't have a name." The fp*n^ man band easily dyer- shadowed the rest of the evening's performances and had people dancing in the aisles. The meagre comedic offerings showcased the impressionistic talents of second-year students Jay Lippman, Brett Gilbert, and Dave Brown who appeared as Professors Albert, Steinfeld, and Spiegelman, re- spectively (if The Hoi Cargo String Band jams away. irreverently). CDO's own Audrey Koscielniak did an eerily accurate parody of herself in the same skit, a spoof of "A Christmas Carol." In other sketches, listeners were inby formed newscasters Lippman and Dave Rychlik that Gourman ratings are based in part on availability of parking spaces and the speed with which grades are posted. The UB Law School Briefcase Drill Team ("The goofiest looking guys I've ever seen," according to one third-year student) performed an interpretive dance to "Wipe Out." There was surprisingly little topical humor. Imelda Marcos was seen in a pitch for Master Card, but that other .. UB Law School Briefcase Drill Team: "gmifs looking I.M. was mentioned only once; a shrouded Grim Reaper sought the nightmare of a Famstudent. ily Law victim Although most performances were sound, audience concen- sus was that this year's Law Revue wasn't nearly as good as last year's. But this judgment might be biased by the fact that they could hear last year's Law Revue. by Chapus Comics ••••••••••••••••••••••••••••••••••a Public Interest Law Firms A seminar on "Social Changes: The Role and Responsibility of Public Interest Law Firms" will be held at the Law School on: SATURDAY, APRIL 12 Room TBA — Speakers will be: 9 am to 1 pm FRANK DEALE — Centerfor Constitutional Rights (MYC) JOHN GALEZIOWSKI (UB '80) Private Practice (Buffalo) JOHN STAINTHORPE (UB 79) People's Law Office (Chicago) MARIA PATRICIA FERNANDEZKELLY Research Associate, Center for U.S.-Mexican Studies. University of California, San Diego SPEAKING ON THE GLOBAL ASSEMBLY LINE: U.S. INDUSTRY IN MEXICO Tuesday, April 15, 1986 3:30 p.m. 106 O'Brian Hall j SALT •• op the EARTH j • • A semi-documentary re-creation of an actual year-long strike of Mexican-American zinc miners, it used mostly %a non-professional cast exceptfor the principals.% X The drama centers on the complex, changing » J relationship between one of the strikers J *(Juan Chacon) and his wife (Rosaura Revueltas)* • • •J Wednesday, April 9, 3:30 and 7:30 p.m. O'Brian 109, SUN Y Buffalo AUSPICES NLG, GALA, GSA •I J ••••••••••••••••••••••••••••••••A* 8 The Opinion April 7. 1986 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-04-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 26 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/7/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8202bd5adb75353a553dc3ba1e0b4066.pdf 10f6ed9d207362ae65901941e885595a PDF Text Text THO E PINION Volume1 27 No STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW 23, April 1986. Newhouse to be Dean for Two Year Term; New Committee Will Resume Search in Fall by Jeff H. Stern Associate Dean of the Law School Robert Berger told The Opinion that Professor Wade Newhouse will assume the deanship of UB Law School next fall, pending final approval by University President Steven B. Sample. Newhouse will serve as dean for a two year term, during which a "brand new" dean search committee will resume the search for outside candidates. The decision to appoint a new committee and resume the search effort "as soon as possible" was reached during an April 17th meeting of law school faculty members, administrators and University Provost William Greiner. Berger said that the decision represented a change from an earlier plan to suspend the out- Professor Wade Newhouse. side search for as long as three years, during which timean "interim" dean would run the school. "The main change is that we're going to wait to resume the search," Berger said. "There was no way to know for sure that we'd be able to do any better if we waited three years [to renew the search]," he explained. Noting that the previous search committee took an en- tire semester to get organized, Berger said that the new com- mittee will be formed over the summer and "in place and ready to go in the fall." Berger also said that arrangements would be made with SBA to get two students appointed to the committee who will be able to work with the group this summer. At the April 17th meeting, Greiner informed the Faculty that he would recommend to Sample that Newhouse serve as dean for a two year period. Although Berger said that Sample's approval was just a formality, Newhouse was reluctant to comment before thedecision is made official "I feel strongly about making remarks when nothing's been decided officially," Newhouse said. "I regret not being able to say more because I know it's the last issue [of The Opinion] and the students have a real interest." Newhouse did say, however, that he has "made it clear" that he would accept the position if formally asked. Berger said that, at the meeting, Greiner also indicated a committee of faculty members would be formed immediately continued on page 12 Search forAssistant Dean Has Yet To Begin by Krista Hughes While UB Law School has been concerned with finding a permanent dean, there is another imminent vacancy in the administration that has received little attention. At the end of theschool year theoffice of assistantdean ofAdmissions and Student Affairs will be empty as Steve Wickmark's temporary stay there comes to a close. Steve Wickmark has occupied the post of assistant dean since the beginning of the fall '85 semester. His term there was to last until February, when former Assistant Dean Vivian Garcia was to return frorr maternity leave. However, in November, Garcia announced that she would be resigning in order to spend more time with her newborn daughter (see The Opinion, December 2, 1985; Vol. 26, No. 6). Wickmark then agreed to stay on as assistant dean until the end of the school year. NowWickmark's term has almost expired, and no one has yet beenchosen to replace him. The search for a new assistant dean is in its earliest stages, although Acting Dean Schlegel hopes to have someone for the job by July 1. According to Wickmark, the administration will definitely "need to appoint someone before school starts"; they are "clearly going to fill the position, it's just a matter of when." It is not clear at this point whether a formal search committee will be established, but if one is created, it "won't be large." Dean Schlegel remarks that he "could use helpful suggestions from students" regarding the search. ,. Assistant Dean of Student Affairs, Steve Wickmark. photobyPtun mmo«d Brett Gilbert Elected SBA President; Luzier, Buckley & Gilbride Also Win by Peter Scribner while Brett Gilbert beat out three other candidates to become the next President of the Student Bar Association in the first ever spring election for SBA officers. Gilbert received nearly forty percent of thepresidential vote. SBA Election Results President: Brett Gilbert Vicky Argento Todd Bullard John Williams Vice President: Jack Luzier Brian Bomstein Secretary: Karen Buckley Nancy Steiger Treasurer: Terry Gilbride Cora Alsante Susan Biniszkiewicz. .... 127 77 68 64 174 144 198 114 128 102 .44 opponents Vicky and John Williams each received approximately one fifth of the votes cast. Had none of the candidates received at least one third of the ballots, a run-off would have been required. Jack Luzier narrowly defeated Brian Bomstein for SBA Vice President by a margin of 55% to 45%. Karen Buckley won a more decisive victory over Nancy Steiger for Secretary. Buckley received 63% of the ballots. In a three way race for Treasurer, Terry Gilbride won 44% of the vote, compared to 35% for Cora Alsante and 20% for Sue Biniszkiewicz. Gilbride was the only successful candidate in a slate of four candidates, including Alsante, Bornstein and Steiger, that ran together as a ticket. Another pre-election tactic, a public endorsement for Vicky Argento, Todd Bullard Argento by graduating SBA of- ficials Lori Cohen, Jerry O'Connor and Colleen Rogers, also proved unsuccessful. In fact, the endorsement itself became an election issue, as seven SBA directors wrote to The Opinion and complained of the secrecy surrounding the move and the appearance that the endorsement might be interpreted as an offical SBA act. The endorsement dispute underlined a growing conflict between this year's SBA President Lori Cohen and Vice President Todd Bullard. One possible contribution to the presidential result might havebeen that voters active in SBA politics may have split their votes among current Directors Bullard, Argento and Williams, thus helping Gilbert, the only non SBA Director in the group, to win. Nearly two thirds of the first continued on page 2 No one individual has yet been singled out as a good potential candidate, although there are still "a couple of people" who wanted the job when Garcia left. In order to facilitate the search, a job description has been prepared that needs only to be approved by University Provost William Greiner before it can be sent to various universities. According to Steve Wickmark, his "understanding is that they will do a national search." The job description specifies that "candidates must have a J.D. degree (preferred) OR an M.A./M.S. in an appropriate field." Applicants with a J.D. must also have "at least two years' experience in a legal and/ or administrative capacity." Individuals with an M.A./M.S. must have "at least four years' experience in positions that have required work in admissions recruiting, student guidance and counseling and minority affairs." In addition, all applicants must be "self-directed in theirwork and be practical problem-solvers; must write with clarity and felicity; and must enjoy working with students, faculty, and fellow staff members." The job description lists the respondean's assistant sibilities as "admissions recruiting and contacts with prospective students; student projects such as organizations, commencement, and honors convocations; and school publications." It neglects to mention theassistant dean's special concern with minority student affairs, and his or her role as director of the Legal Methods Program, which involves coteaching the first-year first semester Methods Legal course. While the major emphasis in Legal Methods is on the first semester, the assistant dean maintains a counseling vole throughout the students' schooling, which Wick/nark sees as the "most meaningful and most worthwhile" function' of the assistant dean. Steve Wickmark is unsure where he will be going when he leaves ÜB, but he is hoping for something that will allow him to combine his past experience as an administrator in Juvenile Justice programs with teaching. Wickmark is leaving for "personal reasons" because he sees himself as at a point in his life where he "can't afford to take another temporary position." Applications for the position of Assistant Dean of Admissions and Student Affairs are being accepted until June 1, 1986, leaving a month until Schlegel's hoped-for deadlineto consider and interview any potential candidates. The job description bills SUNY as "an affirmative action and equal opportunity employer," and as Steve Wickmark sees it, the administration "needs to find a highly qualified woman minority," someone like Vivian Garcia. Inside ... SBANews Magavern Fellows Editorial Gumby Year in Review. . 3 4 8 .11 13 .and much, muchmore! �Administration "Washes" Away Marcus Affair who are innocent of any wrong- by Dana Young The crisis over cheating on the final exam in Marcus' Family Law course has finally ended. In a recent memo to students enrolled in the course. Acting Dean John H. Schlegel said that the investigation into the cheating matter has failed to uncover "sufficient evidence" to prove that "it [cheating] did occur or to accuse any particular individual at this time." Therefore, he has released the Family Law course grades. Regarding these grades, Schlegel said they were based "solely on the content of the answers." He was assured by Marcus that "exams receiving a grade of D or F were definitely below the level of performance required to obtain a satisfactory grade. This decision marks the end of a controversary which has been prolonged for over two months and has been the source of much frustration for students and the administration alike. While many students have expressed relief that "it is over," the repercussions of the event may have yet to be felt. The cheating controversary was the focus of two stories in the Buffalo News; one on April 1 st, and one a week later (when grades were released). The beginning ofthe most recent story stated tht Schlegel has "released the grades of a class suspected of cheating on a final exam ..." Thus, the perception of the incident has blossomed from individual allegationsof cheating, to cheating by an entire class. Not only have all of the students in this class consequently been stigmitized, but the law school is stigmitized as well. The action of cheating is not an isolated one; it can create reverberations throughout an institution and in the community at large, as witnessed here. The decision not to act on the allegations of cheating, and to release the grades, was based on a culmination of events, one of which was a meeting between Schlegel and students on March 25th. "After consultation with you as a group and with others," Schlegel wrote, "it would be wrong to proceed in any manner that would penalize the majority of the class o^TEgS rirasSe) doing." Students seemed concerned about three basic issues regarding the Family Law exam: why theadministration has not done anything about the problem up until now, what information the administration has based its allegations of cheating on, and what will be done about posting grades and prosecuting the alleged cheaters. The crowd showed open anger over the administration's handling of this problem. Professor Marcus suspected cheating on a wide scale and turned the exams over to Schlegel back in February. Rumors have been rampant since. Yet all parties with legitimate information refused to comment on the matter until the middle of March, when a small notecard was placed on the gradeboard saying that cheating was suspected on the exam and that grades would be withheld until the problem could be dealt with. Student Shari Reich seemed to speak for the crowd when she stated that, at this point, the concern with cheating has been overridden by the administration's handling (or lack of handling) of the.problem. "It was like a black veil dropped" over the subject. She criticized the administrationfor not being open and for not having some kind of process in place to deal with the situation. "The Buffalo Model fell apart." In response, Schlegel said that the problem "rips him apart," that he can't believe it and has hesitated to do anything which would reflect poorly on a large majority ofthe class. Consequently, nothing was done until last week. The question arose as to the proper forum to "process" such problems. Some felt the Faculty-Student Relations Board (FSRB) had bucked its responsibility. The FSRB is the usual procedural forum for cases of academic dishonesty. So why wasn't this "process" instituted immediately? Marcus responded, as head of the FSRB, thatbecause of the numbers involved, the consequence of setting the FSRB machinery in motion would have been total disruption of the student body. She felt that SPECIAL! FOR STUDENTS & faculty With this ad... PACKAGE OF 50! Includes biacKthk) x 11, 1 pg. resumes •• Typeset 50 Matching Blank Sheets • 50 Matching Blank Envelopes (BV2 igr NOW §gE®§ CHOOSE FROM PAPERS! VARIOUS TYPESTYLES & SAVE $5.00 NOW 3 DAY SERVICE Expires 4/30/86 Save this coupon. — Serving North & South Campusesl 1676 Niagara Falls Blvd. 3171 Main Street 834-7046 635-0100 Tonawanda, NY 14150 Buffalo. NY 14214 2 The Opinion April 23. 1986 now is mild compared to what would have been felt has the FSRB started ferretting out individual people and prosecuting them. Basically, the FSRB is ideal for handling small, individual problems, but this seems to be a systemic problem. Is the cheating problem really as big as the administration claims? With no process in place for gathering proof and information, one wonders what the allegations are based on. While Schlegel offered no number of suspected cheaters, he stated that it was more than a "trivial number." The allegations against these students came from people he "trusts." This comment was met by hostile stirrings in the crowd. Questions were left unanswered as to whether trusted individuals were students in the Family Law class, and whether they might have in fact cheated and turned over the names of other students who cheated in return for amnesty. Students' were queried on what they felt should be done about the situation. There was a split in the class on this issue. Kevin O'Shaughnessy spoke for a large number of students by stating, "There is no way to solve the problem." He raised everyone's fear that innocent persons would be accused. His solution call the whole thing a "wash." Other students vehemently disagreed with this position. They claimed that to call this a "wash" takes away the "process." Those persons accused of cheating should go through the proper legal process. If they are innocent, their innocence will prevail. That is how the justice system operates. To take away this process is to undermine the basic tenets of our jus- — tice system. In response, the "wash" emphasized that there could be no true process in this case. It would be one student's word against another's. Furthermore, the problem is unique in that everyone will continue to be punished until the administration decides not to punish because it is impossible to find and prosecute everyone who may be guilty. The problem is not as simple as saying "punish the guilty and leave us alone." Schlegel set the pace for about the philosophizing underpinnings of broader academic dishonesty at the beginning of his "lecture and piece," and comments relating to this were interspersed throughout the long discussion. He claimed that the question isn't so much whether 48 hour take-home or floater exams are good, but of what our "norms" are. " Howdo we enforce, not with guns and clubs and sticks and inquisitions, but out of the gut, the norm; that knowing the exam question beforehand is scummy and disgusting behavior ..." He went on to point out that it is useless against cheating unless we definewhat the "norm" is regarding academic dishonesty. The example given was that of drugs. Drugs are illegal because the norm doesn't suppport their use. Analogously, cheating has been viewed as unacceptable and reprehensible behavior. Has this norm changed? If so, how does one reestablish the norm of academic integrity? Such are questions which Schlegel implied need to be raised. Some insightful discussion was prompted on this topic despite students' more specific concern with their individual fate regarding Marcus' exam. Larry Basel raised the point that it is not clear what "cheating" is. In the instance of the Family Law exam, cheating was know lege of the exam questions. But, what if there was no intent to obtain the knowledge i.e. if information was overheard? Does asking if the exam was "easy or hard"constitute cheat' — ing? In response to the former question, one student said that once one has knowledge of information pertaining to the exam, he/she shouldn't enter the exam with that knowledge, no matter what the intent. The person should go to the profes- Elections and second year students eligible to vote cast ballots this year, , a turnout that Lori Cohen characterized as "higher than last year, but not much." The five SBA constitutional amendments that were on the ballot also passed by large majorities. President elect Gilbert was still overwhelmed by his victory when he spoke with The Opinion the day after the election. "I'm glad I will have the summer to think about next year." Gilbert is a second year student who lives in the area, and who has both an undergraduate and graduate degree in Philosophy. Before going to law school, he spent some time in the Peace Corps in Ghana and was a high school teacher in New Jersey. Gilbert is particularly interested in tackling the problem of late grades, which he believes demonstrates a "bad attitude" by the procrastinating teachers. He agreed that the idea of not posting any grades until all the grades have been handed in was a good one. And if necessary, he foresees student demonstrations, including sit-ins, as possible measures that may have to be taken against offending teachers. Another major concern of Gilbert's is the casual treatment of the first year Legal Ethics course. "This class is clearly not taken seriously, either by the students, the instructors, or by the administration." He believes that the course ought to be broken down into smaller groups, and taught in a more challenging way. Gilbert characterizes himself as an enthusiastic and optimistic person. For example, he never believe that his gayness would be held against him in the election. He "came out", or publically revealed for the first time his sexual orientation, in a letter to The Opinion last year. Since then, he says thereaction he has received has been "100% positive", which is one reason that in another letter to this newspaper last Fall, he strongly encouraged others to do the same. In general, he would like to continue to speak his mind on controverisal issues, although he recognizes that others may have difficulty sor and *see if they should be required to have a new exam question. However, someone was quick to point out that the current Honor Code cites no affirmative duty to act in this manner. How do we reinstate the norm? One student emphasized that it is the function of the community to maintain the norm. "Let people know they're not 'cool.'" Several people felt that it was not up to this particular class to even define the norm; the question as to defining the norm and enforcing should be opened up to the school. Elan Gerstmann recharacterized the cheating problem as symptomatic of the larger problem of student alienation in (law) school. Students go to class, have little control over whatis taught to them, and take exams based on the professor's perceptions. Students can easily feel alienated and turn to each otherfor support. Seeking support is not necessarily a negative thing. In this class, students perhaps felt more alienated than usual, and this condition was exacerbated by giving a floater exam. Student support that might normally be positive was misused. Schlegel agreed that the exam system is not a particularly good one. "A system which forces people to work individually is extremely difficult. It is difficult for human beings to work separately." He raised the broad and important question of what one is to do when one is incapable of generating an exam system which recognizes the jointness of most work efforts in this world. Schlegel offered no answers as to the questions he raised; rather he seemed more concerned that students begin to think about these real life issues. "The problem is yours, not mine. How do you establish and enforce a norm of trust in each other that supports the exam system?" • continued from page I separating his official views as SBA Presidentand his personal opinions as a habitual "gadfly." The next SBA Vice President, Jack Luzier, also lives in the Buffalo area, and taught special education for four and a half years before going off to law school. Luzier has been particularly involved in environmental issues, especially with the Sierra Club, and is an officer of the EnvironmentalLaw Society. Luzier believes that too often law school problems are approached in an "us-againstthem" approach, which he believes "only inhibits the im■plimentation of positive answers to our problems." Third year student Karen Buckley, elected as SBA Secretary believes law students should have "more input into decisions" involving the law school. She is also considering plans to improve law school publicity by way of a newsletter. Terry Gilbride, the new SBA Treasurer, worked on the Finance Committee this past year. Among other things, he would like to see a permanent Dean installed, and maintenance in O'Brian Hall improved. �SBA Passes Resolution, Discusses Budget by Peter Scribner At its last meeting of the year on April 17, the Student Bar As- sociation passed a resolution which will prohibit members of the SBA Executive Board from becoming members of the executive board of any otherLaw School organization. "Executive Board" refers to the positions of President, Vice-President, Secretary and Treasurer. The measure, which was passed without opposition, was designed to avoid potential conflicts of interest. A second proposal, which would have prohibited any student from acting as an executive board member of more than one law school organization, was discussed but was withdrawn by its authors and was never formally voted on. The thought behind the proposal, which was read by outgoing President Lori Cohen and backed by outgoing Treasurer Jerry O'Connor, was to avoid interlocking officerships. Officers in one organization might use their influence to aid another organization in which they were also an officer. But opponents challenged SBA's authority to restrict the activities of non-SBA students, and also contended that the measure would only penalize those who are most active in student organizations. The SBAirttocated $50 to the undergraduate Gay And Lesbian Association to help fund a rally on April 19 featuring Flo Kennedy. The Gay Law Students Organization is a cosponsor of the rally. Afterthoughts on the annual SBA budget meeting, held two days earlier, were also discussed, although no formal actions were taken. Some members thought that too much SBA money appeared to be going towards social activities by student groups. "Some organizations are giving a new meaning to pot luck dinners," according to Jerry O'Connor. A pot luck dinner is usally considered to be an event where each person brings a dish to pass at their own expense. Apparently, some organizations have been holding pot luck dinners where Library Committee Notes improvements by Karen Peterson The faculty-student Law Library Committee met early this spring semester and discussed several issues, notably exam space, exhibits, and videotapes. 1) Exam space this always comes up, and usually includes complaints about non-law students studying in the library. The law library can seat more than half the law school at one time, about 540 seats, not necessarily with desk or table space; this includes 41 private — carrels, couch, and mezzanine seating. Each of the past three years has seen some further attempt to accommodate law students without depriving other students of access. However, law exams are scheduled earlier than other students' exams and other students have legitimate need to use the library for research at this time. It has also been pointed out that we are part of a university library system and a state funded school: accessibility by those other than law students is both necessary and desirable. Law students, themselves, often use the law library as a study hall reading their casebooks, not necessarily doing legal research. What has been done, however, was to limit the private carrels to law students'use, and during exams law students may reserve one by signing up at the reference desk on a first come, first served, day-to-day basis. Patrons are asked to observe quiet in the library during exam period. In response to complaints about lack of choice space in which to take exams, law library director Ellen Gibson suggested we might be able to limit access on a volto untary, non-policed basis law students and those needing to do legal research during the exam period. This depends, in part, on how the new university library director views the situation. In no event would limitation of access be policed, however, during exam periods due both to reasons expressed — — — above and limited student help during exams. The committee agreed to meet again this semester only if some new issue arose and some definite need was felt. About a month later, the 'pig in the parlor' note was distributed demanding that law students 'take back' O'Brian in righteous, Tightest guerilla style. The suggestion was taken up (probably by the same person(s) as promulgated it in the note) by someone yelling 'undergraduates out of O'Brian,' or something to that effect, into a class in session.- The pigs-in-the-parlor note was swiftly answered by Acting Dean Schlegel's memo noting that such behavior was punishable by expulsion under university rules. No such behavior was noted in the law library. Space in the library and O'Brian should improve as the building across the way opens;' however, the noise level by the entrahce may increase when the bridge to that building opens up. Should that present a problem, structural alternatives to the law library's present entrance may be considered. At present, some of the traffic into the law library is inadvertant. I find, while working at the circulation desk, that people come in and do not realize they're in the law library. This may be in good part due to the subtlety of the Sears law library signs. Last semester, with the help of Director Gibson and Assis- tant Dean Wallin's office, I posted inside the library's en trance a list of rooms and times that they were available over the exam period. There seems to be even fewer such rooms semester; available this nevertheless I will try to post such a list again this semester just before exams begin. These rooms will be reserved for law students taking exams. 2) Exhibits one of the students on the committee had an objection to the exhibit on Nicaragua, and at least one of us, if not the rest of us, thought the exhibit was quite good. The — thinks there "might be a chance that the library could get two word processors" next year. Lori Cohen reported that in her conversation with University Provost William Greiner in March, he stated that the Law Library was the only one on campus without word processing and that it would receive four word processors if he received a letter from Gibson that therewasroom to place them. the cost of all dishes has been reimbursed at SBA expense. The idea of separating social lines from program lines in organization budgets was considered, but rejected as unworkable and too restrictive, and was never formally proposed. Karen Petersen, representing the Library Committee, spoke at the meeting, and reported that Library Director Ellen Gibson This meeting marked the start of office of the new SBA officers elected a week earlier. Secretary Karen Buckley got an early start by taking the minutes during the meeting. At the end of the meeting, Lori Cohen presented new President Brett Gilbert with the keys to the SBA offices, signifying the end of one administration and the start of the next. 1986-87 SBA Budget Passed; Decreased From Last Year by Paul W. Kullman for the 1986-87 year, as SBA members cut $500 from the Dis- The Student Bar Association passed its 1986-87 budget on Monday, April 14, at 11:05 p.m., tinguished Speaker Forum line possibility that PAD national conferences are not open to U.B. Chapter members who are not national chapter members. of the administrative end of its decrease from last year. Total funding for student or- budget. SBA members also voted to cut $100 from Phi Alpha Delta's proposed 1986-87 budget. PAD, the only organization to receive a budget below that proposed by the Finance Committee, had the $100 taken from ganizations was upped from $20,610 in 1985-86 to $21,360 its conference line. Discussion at the meeting revealed the after nearly five-and-one-half hours of deliberation. The total budget forthe 1986-87 academic year was set at $35,685, a $170 There is no cost to join the U.B. Chapter of PAD, but there is a $50 fee to join the national chapter. i (For a complete breakdown of the 1986-87 SBA budget, please see the accompanying chart.) SB/ 1!986-87 Budiget $ 2,000 Telephones Duplicating Office Supplies Distinguished Visitors Forum 335 150 1,000 ,• Orientation Unallocated Athletic Fee Conventions 300 1,200 1,200 225 100 2,000 1,500 2,125 ■. Social Commencement 2,125 * Organizations * Organizations �Parents Law Student Assn Center for the Public Interest The Opinion The Advocate (yearbook) Buffalo Pub. Int. Law Program Law Students Civil Rights Research Commission Moot Court ... * 1985-86 Budget $ 200 3,000 6,520 200 1,095 .. .. Environmental Law Society �Entertainment Law Society Phi Alpha Delta Federalist Society Assn. of Women Law Students Black American Law Students ! Association Gay Law Students Org. International Law Society L.A.N.A.LS.A National Lawyers Guild Labor Society �Peer Tutorial Association ........ 360 1,025 370 200 830 395 490 1,915 615 725 1,115 1,155 200 200 '. *New organization. — itself). However, guerilla tactics, such as the breaking into the outside glass case, ripping off a poster, and tacking up a small American flag in response to the Nicaragua exhibit, are not appreciated. having re3) Videotapes cently purchased a VCR, I was interested in borrowing video- — 2,125 5,400 5,400 20,610 20,760 $35,685 $35,685 * # # ' * 1986-87 Dollar 1986-87 Actual Change From Club Committee Budget Request Proposalt Awardedt 1985-86 $ 815 $ 200 $50 $ 25©< 110 3,110 3,110 3,560 (25) 6,495 6,495 7,315 150 300 350 2,400 (95) 1,000 935' 1,200 1986-87 Finance 500 1,400 360 1,150 540 400 3,600 985 725 2,200 1,730 680 300 440 360 1,150 450 220 680 475 0 25 80 20 (150) 80 575 650 160 1,725 515 (190) (100) (50) 220 310 2,280 995 765 tLine-by-line breakdown can be obtained from SBA exhibits have improved greatly over the past year or so, and the law library director welcomes ideas for exhibits to be done by groups or individuals as the library doesn't have the staff to keep changing exhibits in the half or so dozen cases. As to the objection as to point of view the exhibits do not represent, necessarily, the library's point of view (even if it could have one as an entity in 1,200 100 1,500 $ 9,525 $36,855 TOTAL 500 900 200 $ 8,925 5,400 21,360 $10,845 Sub-Board 400 200 900 900 910 v As Passed $ 1,800 1986-87 Proposal $ 1,800 400 200 1,000 1985-86 Administration 780 1,620 515 675 675 1,105 1,280 200 200 1,275 160 1,280 200 125 0 0 200 — O'Brian 101. tapes to use for preparation in trial technique. Audio tapes go out for up to a week, and I thought could borrow a video tape at least for overnight. The clerk said no due to copyright, I although as an educational exception it might be alright. The law library director said no due to excessive replacement costs if lost many are part of sets. Nina Cascio, head of A-V was not interest in lending such media, principally because there is not equipment (and such equipment is prohibitively expensive if available) to make fast copies from the master as — can be done with audio tapes and it would take about an hour per tape to copy otherwise. So plan on viewong half-inch VHS video tapes, same as three- quarter inch tapes: in-house on one of the two half-inch VCR's available. Not part of the committee's doing, but just to note a number of improvements made at the law library in the past year: — and Lexis additional Westlaw terminals were here during late February/early March for more hands-on practice with extra guidance available. copying Change for machines is less of a problem with the advent of the decreasing balance card system installed by FSA on the three copiers (losing cards is a new problem however sign your card legibly and check with lost & found at circulation if you — — continued on pane 12 April 23. 1986 The Opinion 3 �U.B. Law Students Finish First in Moot Court pute between American Indians by Paul W. Kullman and white settlers in the fictious city of Salamander, New York. The Indians had leased the land to white settlers in the 1880's for a period of 99 years. Upon the expiration of the lease, the Indians sought to assume possession of the land and thus the city. A last minute promise by the "Albany County Executive" to give the Indians one million dollars and a 99-year lease on 300 acres of county park land induced the Indians to execute another 99-year lease. The county later reneged on the promise and the Indians brought a class action suit on the theory of promissory U.B. law students Mark Metz and Peter Abdella defeated Mike Hotaling and Brian Snover of Albany Law School on Sunday, March 23, in the Albany Court of Appeals Chamber, to take top honors in the first annual Domenick J. Gabrielli Moot Court Competition. Metz and Abdella, in finishing ahead of the seven other teams in the competition, took home the coveted Steuban Glass Bowl. This traveling trophy is now on display in Acting Dean John Henry Schlegel's office, where it will remain for one year. Though confident going into the competition, Metz said their first place ranking going into the semi-finals was a "surprise." "I thought we'd written a good brief, but I didn't know what the other schools would be like," he said. The "other" schools in the included competition St. Metz and Abdella, who wrote their brief on behalf of the Indians, won a coin flip prior to the finals and argued on-brief. Despite this added advantage, Metz said he and Abdella were still somewhat wary going into the finals. "We had the equities on our side, but the law was against final round, but it was still hard because we didn't hav\ benches that really challejigerf us in any of the preHmfiiary) rounds. But in the finatsr-thts judges went after us." Abdella agreed. "The benches we had in the preliminary rounds were really cold. We didh't get any questions. And when you've got 15 minutes left and no questions and just empty faces, that's really hard. "But fortunately we had a very active bench for the finals," Abdella continued. "They were really impressive. They knew all our cases and they really knew their stuff. It was striking." Judge Gabrielli sat at the head of that bench, together with Second Circuit Judge Roger Miner, Chief Administrative Judge Joseph Bellacosa, and Appellate Division Judges Howard Levine and Leonard Weiss. we should not be giving benefits to countries that fundamentally violate the rights of their workers." In addition, the only way to protect workers and working conditions in this country, given these developments, is to work toward their improvefTre»it in thethird world. "Unless there is an instrument that can be applied across a numberof differentcountries, there is no hope for laws that could slow down this transfer of labor," said Pharis Harvey. However, in analyzing the situation, it became clear that if labor is an immovable factor in trade, so is a market. And the U.S. market was one common factor to almost all of the countries that were shifting their production around. Therefore, if a way could be found to link the U.S. marketto human rights laws, it may provide a way to protect the rights of workers in- The GSP, which provided tariff-free access to products not in competition with American goods, was ostensibly devised to assist Third World countries in making their way into world markets. It already excluded a number of countries from these benefits including communist countries, countries that harbored terrorists, and countries that expropriated American property. In October, 1984, human rights groups succeeded in adding one more exception to this list. That exception was the exclusion of countries that do not give their workers internationally recognized rights of labor. The five rights of labor that have been specified and defined in very broad terms, are the right offree association, the right of collective bargaining, prevention offorced labor, protection of child labor, and ac- estoppel. Photosby Paul Hammond Murk Metz amiPeter Abdella. John's, Syracuse, and Albany, the host school and chief sponsor of the competition. Abdella said beating the host school in the final was espe- cially nice, but added: "we just wanted to bring some kind of — medal home to try and place. I think Mark felt like we were going to win, but I just wanted to place. I didn't want to come home with nothing." The focus of this year's competition centered on a land dis- us," Metz said. "I think we were fairly confident going into the Tie Trade to Labor Rights, Speakers Urge by Idelle Abrams integrated into the world econ- The examination of United States trade policy as onearena in which to devise strategies to protect human rights, and specifically labor rights in the third world countries, was the subject of a talk presented by the Graduate Group on Human Rights Law and Policy on March 24. John Cavanagh, a Fellow of the Institute for Policy Studies in Washington, D.C., described how the development of the world economy has brought labor rights to the forefront of the human rights discussion. Pharis Harvey, the Director of the North American Coalition for Human Rights in Korea, based in Washington, D.C, explored the dimensions of the labor rights issue as a question of basic human rights. Harvey and Cavanagh also discussed the legislation that has been passed in this area, its effects, and the attempts to get it enforced by the government. Today, said Cavanagh, the reality of the situation is that capital moves around the world "literally at the speed of light." Factories and corporations can move anywhere with ease. There are fewer and fewer barriers to prohibit companies from just picking up, leaving the United States and going to Third World countries. While technology has wrought much change in the process of production, the one factor of production that remains relatively immobile is labor. Labor therefore becomes a very important consideration for a corporation deciding where to set up a plant. And, "in a world where you have countries like China where it costs one fiftieth of what it costs here" corporations move where they can "take advantage of the exploitation of labor for their own benefit and against the interest of workers in both in Third World cou)rfries and in the U.5.," said Cavanagh. Cavanagh highlighted five factors that have influenced the development of the world economy. The first is the very rapid growth in trade over the last three decades, especially in the period after World War 11. The effect of this growth was that countries became much more omy and their own economic health became much more dependent on trade. Fueling the growth of trade was the phenomenal growth of transnational corporations. Originally, tfbmpanies moved overseas as part of the rebuilding effort after World War 11. At that time, corporations expanded into the third world looking for raw materials. But in the 19605, '70s and '80s, multinationals in Third World countries turned to manufacturing as well as mining and agriculture. Following the new manufacturing activities into the ThirdWorld were the whole array of service-oriented multinationals (e.g. banks, as well as advertising companies, telecommunications companies, insurance companies, and accounting firms). The shift in the nature of corporations was the third major factor. Corporations diversified so that now more and more corare conglomerates which are less dependent on a specific industry. When U.S. Steel got involved in financial services and the futures market it became less tied into steel and the steel communities in which it had traditionally operated. Diversification also meant U.S. Steel was less invested in the future of steel. The growth of the global assembly line, locating different pieces of the production process in different countries according to different requirements, is another major factor. To illustrate the way this operates, Cavanagh traced the production of a typical polyester/ cotton blend shirt. Production would have begun six months ago in the cotton fields of El Salvador or Guatemala. The cotton would then be sent to the spinning mills of South Carolina. Petroleum products from the oil fields of Venezuela would be porations sent to petroleum plants in Trinidad and Tobago. From there it would be sent to the Dupont refinery in New Jersey to be made into syntheticfibers. The two strands of production would meet in a weaving plant in North Carolina and the woven cloth would then be shipped to a Caribbean nation. ■ 4 The Opinion April 23, 1986 Haiti or Barbados, to be made into a shirt which would then be shipped to the U.S. to be sold. Each stage of the process is characterized by its advantageous working conditions. The highly automated tasks are performed at the mills in the U.S. that have the technical expertise, while the labor intensive work of sewing each shirt is perfdrmed in a country where wages are very low. The final major factor Cavanagh discussed is the new division of labor in the world. After World War II the U.S. produced lots of manufactured goods and the Third World countries produced and exported raw materials. In the 1960's and '70s a small group of countries including South Korea, Taiwan, Singapore, and Hong Kong were encouraged to move into manufacturing. When they did make this move, they did it in ways that kept labor tightly under control. In the late 1970s and '80s another slew of countries were encouraged to get into manufacturing— the Philippines, Sri Lanka, Haiti, Jamaica, Columbia, China with the result that now there are dozens of countries competing for indus- — try. The end result of these de- velopments is that corporations reap the advantages while the countries are leftfar more open, interdependent, and vulnerable to the world market. "In a world in which most Third World countries are ruled by dictators who will keep working conditions and wages down, corporations can play countries off against one another to get the lowest wages and most advantageous working conditions," said Cavanagh. In addition, the United States provides significant benefits and incentives to this global as- ternationally. continued on page 6 Trust Recipients: Ewing, Meidinger by Paul W. Kullman U.B. Law Professors Charles P. Ewing and Errol E. Meidinger have recently been named 1986 Magavern Fellowship Award winners. This is the first year the fellowship has been awarded. It was set up by the law firm of Magavern & Magavern in 1985, in honor of the late William J. Magavern, to support special teaching and research projects by law school faculty members. Under the terms of the gift, the law school will be provided with $10,000 per year overa 10-year period. The dean has dis- cretion to commit all or part of the annual payment from the fund to supplement the salary of each award recipient. Ewing will conduct his research in the area of criminal and juvenile law. He will be studying the problems of battered! women and juveniles in the criminal process. Meidingerwill conduct his research on the implementation of the functional equivalent of a private property system in air pollution through the creation of an emissions trading system under the Clean Air Act. ' sembly line. A trade program with Third World countries called the "General System of Preferences" (GSP) lets goods from the third world countries into the U.S. without paying any duty taxes. Said Cavanagh, "As American taxpayers who are giving our money to these programs, we don't think we should do this and in particular a Professor Charles Ewing. Photo Crrdlt: File Photo Professor Errol Meidinger. Photos by PaulHammond �Mary Dunlap Speaks on Anti-Sodomy Law by Krista Hughes Attorney, Mary Dunlap was the featured speaker at a discussion sponsored by GLSO, GALA, and GSA on Monday, , __ April 7. Dunlap is the author of an amicus curiae brieffor Bowers v. Hardwick, which went before the UnitedStates Supreme Court on March 31 of this year. That case, and Dunlap's discussion, concern the right to privacy with respect to the state of Georgia's "anti-sodomy" law which is selectively enforced against homosexuals. Harvard Law Professor Lawrence Tribe argued to the Supreme Court that Georgia's law is unconstitutional. The issue of Bowers v. Hardwick is "whether a state is free, under the U.S. Constitution, to criminalize sexual activities engaged in by consenting adults, in physically private locations, because of the gender(s) of the partners involved 'and/or because of the specific parts of the body used." The case itself involves a Georgia man for whom the police had an arrest warrant. When the police came to his house they found him in bed with another man; "Hardwick was arrested in his own bedroom and charged with committing acts of sodomy; here thereis no evidenceof violence, coercion, overreaching, or in- ... voluntary public exposure in relation to Hardwick's sexual activity." This case involves the constitutional right to privacy, and amici argue that right includes "the right of an adult person of whatever sexual orientation... to choose to engage in physically private, consenting, nonviolent sexual activities with another adult person." Dunlap briefly discussed the history of the right to privacy, citing Griswold v. Connecticut, 381 U.S. 479 (1965), as the first Supreme Court case to "expressly and explicity" discuss the right to privacy. The Griswold court found a right to privacy in the "penumbras and shadows" of the Ist, 4th, sth, 9th, and 14th Amendments to the U.S. Constitution, although Dunlap noted that "the word 'privacy' is nowhere to be found on the face of theConstitution." This raises the question of what thef ramers meant by any ot the specific language of the Constitution, and whether that meaning is to be "obeyed." Dunlap asks, "What if the framers were stupid? What if the framers were bigots?" She indicated U.S. legal history and "the fact that it took "about 80 years or so" from the ratification of the 14th Amendment until Brown v. Board of Education; "gays and lesbians and bisexual people can't af- ford to waitthat long." Theyare increasing danger of coming up against selective and stigmatizing statutes such as is in effect in Georgia. Lower courts in Georgia ruled that the state would have to show a "compelling interest" in order for the anti-sodomy statute to be upheld. Georgia stated as its best argument the fear of the spread of AIDS, or acquired immune deficiency syndrome. Both Lawrence Tribe and Mary Dunlap vigorously oppose the use of AIDS as an excuse for upholding the constitutionally invalid statute which criminalizescertain kinds of homosexual activity. To illustrate the irrationality of the state of Georgia's argument, Dunlap distributeda New York Times article entitled "New Fear on Drug .Use and Aids" (Sunday, April 6, 1986). The article first indicates that intravenous drug use has caused the spread of AIDS to rise dramatically. The rest ofthe article concentrated on studies conducted in Zaire, studies which Dunlap believes "should shake you up." The Zaire studies "affirm that heterosexual vaginal intercourse is the dominantroute of transmission of the disease in central Africa." While it is true that in the United States at present Homosexual men have the highest risk level of con- AIDS, "no person should feel safe about AIDS in the abstract." Dunlap argues that "to try to criminalize gay male sexual contact on the basis of the rationalization of AIDS is just about as sick and as it was the oppressive turn of the century for most Southern states tp segregate the races." One/problem Dunlap faced in writing her brief was how to presemTO the Supreme Court a topic as sensitive as sex. Sex, especially homosexual activity, is sometimesviewed as a combination of "blue room pornography" and a "Niagara Falls mist" that no one seems to want to talk about. However, Dunlap urges that a "degree of openness and communicativeness" about sex is necessary in society at large and also when dealing with a statute which is explicit and specific about what kinds of sexual contact are tracting psychological normalcy." The Georgia statute, then, essentially criminalizes the expression and reception of love by a substantial portion of the popu- lation. ... Dunlap's brief generally corresponds with the argument presented by respondent's rep- resentative, Lawrence Tribe. However, Tribes argument seems to focus on "privacy" only with respect to the home. Dunlap believes that focus "evades the issue of what privacy is being protected." Bowers v. Hardwick is a case which, by virtue of its nature, must focus on the right of the person, rather than drawing arbitrary ) physical boundaries. The Georgia "anti-sodomy" is selectively enforced against homosexuals, and in this area of law there exists an "incredible irrationality" which here can only mean hatred. However, this is a case of the fundamental rights of any ,iuman being, and Dunlap asserts that "The privacy decisions of [the Supreme Court], from the earliest to the most recent, support the position that it is within the fundamental rights of the individual person to make such intimate personal choices as are but not only proscribed criminalized by the antisodomy law of the state of law proscribed. Another rather delicate subject is love. Few Supreme Court briefs even mention the word, but Dunlap states in the initial argument to her amicus brief that "the need for love is natural, and thatthe determination to express and receive love of a sexual nature by engaging in sexual activities with another adult of the same gender is one possible type of behavior within the range of medical and Georgia." Career Development Holds Panel Discussion by Amy Sullivan The Career Development Office recently held a career panel discussion with four Buffalo lawyers who spoke to U.B. law students about their legal careers. There was no real continuity among the specialized areas of the four practitioners, who included' Leslie Greenbaum, William Reich, David Hoover, and Mark Wallach. Each member of the panel was introduced by Hon. Margaret Anderson, a judge in the Buffalo City Court. The first speaker was Leslie Greenbaum, affiliated with Gross, Shuman, Silver, Laub & Gilfillan. Greenbaum graduated from U.B. Law School in 1974 and spoke to the group on the area of entertainment law. According to Greenbaum, entertainment law is generally prac- ticed in the context of specialized law firms which are located primarily in New York, Los Angeles, and Nashville. However, there are entertainment law practices in virtually all major U.S. cities. In most instances and in the non-entertainment cities, these firms specialize in intellectual property, copyright, patent and trademark law. Entertainment law is often considered a spinoff of these specialties, Greenbaum said. "As an entertainment lawyer in Buffalo, I can only spend a portion of time practicing entertainment law," Greenbaum said. "There simply is not enough business here to really justify specializing in this area." His firm's clients include Rick James and the Mary Jane Girls. Most of the time entertainment law involves the drafting and revision/of contracts-that can be in the area of recording, television, and publishing. The practice is becoming more corporate-oriented" and as the major companies have become in themselves, there is a need for in-house council staff, Greenbaum said. concentrated Greenbaum concluded: "It (entertainment law) is an exciting practice for lawyers who. will often be on the forefront of new technological developments." Immigration law was addressed by William Reich of the Seroti & Reich law firm. He is also a 1974 graduate of the U.B. Law School. "Immigration law involves the moving of people," Reich explained. "Basically, the clients we represent are individuals for corporations and businesses who are interested in transferring people from %> foreign countries to the United \ States or individuals seeking to live here permanently, work here permanently, and reunite with families." Immigration law was not rec- ** ognized as a speciality as recently as five years ago, so most of the practitioners in the field were self-trained, according to Reich. Presently, there is the American Immigration Lawyer's Association, with a Buffalo chapter that has over 20 members. Immigration law is practiced in the administrative context, and the immigration service is part of the Justice Department. "There are very big risks of risks in the practice being investigated," Reich said. "There is quite a lot of suspicion between the immigration service and the private practition- — ers." The field requires a familiarity and knowledge of labor law 5 because one of the ways to qualify for permanent residence is through your occupation, and you must go through a recruitment process to show you will not be displacing any American workers, Reich said. A knowledge of the tax code is also useful for those clients who need counseling when applying for permanent residence, since they are taxed the sameway Americans are taxed. Reich .believes that the field is "very diverse and complicated," but added, "It is fascinating dealing with people . these community affairs." The last speaker was Mark Wallach of Penny, Meyer, Mandell & Wallach. Mr. Wallach, a graduate of the 1973class of Albany Law School, spoke to the group on the area of bankruptcy and commercial law. This involves mostly collection and foreclosure work. In this area, a lawyer finds himself in City Court, the Supreme Court, County Court, and Bankruptcy front and work is on a con- tingency basis. You must collect to get paid." Wallach believes that historically, practitioners of commercial and insolvency law have been looked down upon by the rest of the bar, if not being a glamour area of the law. "They fail to appreciate that one must have a good working knowledge of statutes, such as the lein law, real property law, and from all walks of life." The area of school law was Court on a regular basis. discussed by David Hoover, a The commercial law aspect is 1976U.8.Law School graduate, representing banks and other presently with the firm of Norlending institutions, and comton, Radin, Hoover, & Freidcredit suppliers. "You mercial r~ man. suing people and ~~\must enjoy School law amounts to the taking their money," Wallach representation of school dissaid, "because you're not tricts, he said. The school disusually given a large retainer up tricts in New York State operate under the Education Law, which comprises five full volumes of McKinneys, as well as matrimonial law." Wallach ended by saying that "It is a good area to make a livalways owe ing. People money." Yet on the other side, "there is no great deal of growth potential. It is a cyclical so goes the economy, thing so goes collections." — state regulations, federal regulations, and federal law. An attorney in this field must be- come familiar with all of these. The state government employs attorneys in the education department. Most of those people are hired and paid a salary. There are also school attorneys who are not direct employees of school districts. Yet over the last 15 years school districts have decided they can no longer be satisfied with the local attorney. Payment of fees is not a problem; this is part of the budget for the municipal government. Hoover pointed out that "Opportunities are probably limited; it is difficult to find employment unless you have some sort of connections." However, he ended on a happier note by adding how rewarding the field can be: "Schools are invariably the focus of the community, and as an attorney of the school district, you can get caught up in Resume Typesetting b Printing Service PHOTOCOPY SERVICE Dissertations / Theses / Reports •• Letterheads Envelopes Business Cards •• Tickers • Flyers •• Posters Rubber Stamps Engraved • Plastic SpiralSigns Binding • 1518 Walden Avenue (opposite ThruwayMall) Cheektowaga, New York 1330 Niagara Falls Blvd. (opposite Boulevard Mall) Tonowanda, New York 837-4450 / 897-0861 prik23, 1986 The Opinion 5 �Workshops Abound at Women and the Law Conf by Women Law Students Association The 17th National Conference on Women and The Law was held in Chicago the weekend of March 20. The Conference consisted of a feminist trial advocacy seminar on battered women on Thursday, and a series of workshops held at the same time as an exhibition hall showing slideshows and presentations from Friday through Sunday. The workshops were set up as either panel discussions or strategy sessions with comments or questions from the audience. In addition three agendas for action dealing with enrollment of minority women in law school, affordable housing for low-income tenants, and incarcerated women took place Friday and Saturday. The keynote address on Friday evening featured Winona Laduke, an American Indian working for the reclamation of land forthe Indian tribes; P. Catlin Fullwood, a Black, lesbian, feminist activist working in the battered women's movement; and Margaret Randall, a feminist author, poet, and professor who has filed a first amendment lawsuit against INS for deportation proceedings brought against her forthe viewpoints expressed in her books. The Conference was brought to a close on Sunday by Annie McCombs, a radical feminist and longtime labor organizer. "In Our Own Voices: A Call to Action" the theme of this conference recogyear's nized that as women we can and do define our world and control our lives and that it is — — time to act rather than react in the struggle for legal and social justice. Fifteen women law students from U.B. attended the conference. Here are some of our impressions: •• • Certain themes ran through several of the workshops. The importance of coalition-building among groups striving for social change was stressed. The problem of oppressed groups fighting among them- selves rather than their common enemy was discussed in "Avoiding Hierarchies of Oppression," "Black-Jewish Dialogues," and "Racism: The Politics of Invisibility." A workshop on "Abortion: Freedom of Choice" addressed legal strategies foi/^ opposing anti-abortion protesters who are trying to close down clinics. The workshop on Battered Women's Shelters emphasized the voices of women who are usually not heard from when the topic of battering is discussed. Women of color, lesbians, prostitutes, the disabled, rural women and the elderly are just a few of the groups ignored by the traditional shelter method of dealing with domestic violence against women. The unique problems of each of these groups were discussed, along with ways in which shelters or safe homes might better reach them. ■As a volunteer at Haven House, I found this workshop extremely helpful in sensitizing me to the problems of the "atypical" shelter resident. It also helped me realize how many women are not adequately 6 served by the traditional shelter. The importance of having shelter staff, volunteers,/and residents who are sensitive to and knowledgable about these women's problems was emphasized, as well as the need for laws rendering physical abuse illegal, no matter what the circumstances surrounding it. One of the speakers, a former prostitute, called for reform of the laws regarding prostitution. Others discussed the problems of lesbian battering, and the unique problems of battered women of color, disabled women, elderly women, rural women, and the shortcomings in the help they have received traditionally from shelters. ••• ment, including Jewish law, Jewish cultural broadcasting, Yiddish poetry readings, American social movements, and re- ligious divorce laws. Other workshops discussed such topics as the criminal defense of battered women, marital — rape and the government's and society's reluctance to prosecute the rapist, obtaining partner's benefits, freedom of choice, and mediation in family law. — One workshop, "Community Economic Development: Our Response to the Feminization of Poverty," discussed programs designed to help women receiving public assistance to become self-sufficient by setting up their own, often home- Disabled women working to obtain more accessible housing so that the disabled can have more options for independent living. The role of Nicaraguan women in the creation and development of the benefits brought to the people since the Revolution (including the literacy campaign, health clinics, daycare centers, agrarian reforms, free college education for all students, same pay for same work for women) despite the attacks of the U.S. backed Contras. The role of native American women in ensuring the fulfillment of the purpose of the Indian Child Welfare Act, so that Indian culture will be able to survive through its children. Jewish and Black women struggling to come to terms with their differences, acknowledging their commonalities and nurturing mutual respect. Sanctuary Movement activists facing jail sentences as their lawyers have to fight the Court's refusal to allow the real issues to be presented at trial, preferring to focus only on the technicalities of Immigration Law. What all of these workshops and panels have in common is that they made it clear that women still face myriad forms of oppression and repression in the struggle to create a more humane society. But what they also made clear, inkeeping with the spirit of this year's theme "In Our Own Voices: A Call to Action," is that women throughout the world, regardless of the obstacles, have been and continueto be a major force behind progressive social change. We need to remind ourselves that not only are there many battles on many fronts, but that some of them are being won. ••• The workshops I attended covered a wide variety of topics, from feminist theory to litigation strategies, from discussing problems to discussing possible ways to make our government and our society more responsive to the needs of .our clients. The panelists in "Feminism in Jewish Com- discussed their struggles to assert feminist concerns in a variety of contexts in a traditional environ : The Opinion April 23, 1986 As it was repeated by countless anti-censorship advocates the logic "of this argument finally began to bother me. We don't have to prove that we're not like Jerry Falwell. We're not like him. I think it is a trap to suppose that in order to be consistent and politically correct one has to support anything thatan opponent rejects. There may be some compelling argument against anti-pornography legislation, but this definitely isn't one of them. heading ••• The child support workshop was an intense strategy session for creative methods of collecting support. The panelists urged the participants to investigate what is happening in each state, as the states must have enforcementmechanisms in place by the end of 1986. InTerstate collection remains a real problem, and collections from individuals working "under the table" pose great difficulties. The panelists, two attorneys from the Chicago area, related their litigation strategies in recent victorious child support cases. Participants left with some positive strategies, and an interest in investigating their state's collec- "Power/Oppression" came the words: man; rich; white; traditionally educated; [WJomen . . . can and do define our world and control our lives and it is time to act rather than react in the struggle for legal and social justice. munities" ••• For me, the most significant part of the Conference on Women and the Law was the workshop on racism that I attended. This workshop was an addendum to the prescheduled program and I'm glad I chose to go because it gave me some guidelines on how I should prioritize my life and what my goals should be.^lt made many of my conflicting thoughts much clearer. During the workshop those in attendance generated a list which was written on a blackboard. On the left side wa"s the heading "Power/Oppression." On the right side was the heading "Other." Under the the^ abled; Christian. Under heading "Other" came the words; woman; poor; black; Latina; American Indian; selfeducated; differently abled; Jewish; Moslem. based, businesses. Many women who are the sole head of their household are economically dependent, not through choice, but because they lack employment experience, education, and training, or because they ha\te to care for small children. In addition, immigrant groups often face employment barriers due to language and cultural differences. These women are, however, often skilled in "trad- There I saw myself on both sides of that board, mostly classified on the left side. "What can I do about accidents of birth," I asked, feeling frustrated. The answer: If we identify with what we are on the "Power/Oppression" side then we reinforce that power and the oppression it breeds. If we choose to identify with the "Other" side then we take power from the left side and bring it to those on the right side of the board. This is the key. Where do you place your itional women's tasks," such as emphasis? cooking, sewing, child-care, and house cleaning. The idea of helping these women set up their own businesses that capitalize on their skills is receiving increased attention. A home-based business solves the child-care needs for a motherwho would like to earn money. In addition, women from foreign cultures can overcome, and even utilize their differences. Even though these programs may be viewed as perpetuating stereotypes, they do help women gain practical entrepreneurial experience while capitalizing on existing skills. These businesses may be transitional, lasting only until the youngest child is in school fulltime, or until the woman is able to train for another job or venture. One panelist described the increasing popularity of women's economic development as a fad consistentwith the current ideal of "bootstrap capitalism." In the'present political climate, many social movements are fighting "retrenchment campaigns"; women's economic development may be a means ofachieving some of the more distant goals. The concept of self-employment is nqt a panacea, and it is no* necessarily easy to achieve. Although start-up costs may be relatively low when compared to other types of businesses, poor women still may have problems obtaining financing (which might be obtained more easily if a revolving loan fund were set up). The proprietor may also need continued public assistance benefits (especially food stamps, and Medicaid) until she actually sees her profits. The possible housing, benefits include self-suffi- ciency, confidence, and training. tion systems. ference attending workshops on first amendment issues concerning pornography and censorship. I'm glad I went to these workshops because I noticed some dynamics that occur frequently. One argument used by anti-censorship speakers came up again and again. The speakers reasoned that feminists The joint custody workshop focused on the issue of forced joint custody orders over the objective of one party. Two panelists were adamantly opposed to these orders, as joint custody research has shown that such an arrangement only works when the two parents can cooperate and discuss issues of importance to the child/ ren. One panelist was in favor of joint custody, even forced custody, because she felt that the "traumatic effects of divorce upon the child/ren" could be lessened if the child/ren felt that the parents were still involved in their lives. Participants discussed incidences, cases and legislation in their home states. that conservative forces are using the resources and energies of feminists and liberals to pass anti-pornography legislation. These temporary bedfellows might then abandon the feminists, and even try to use these and other laws against us. The women who attended the 17th National Conference on Women and the Law would like to thank everyone who helped us get to Chicago. We hope the thoughts we have put together not only convey what we observed and learned that weekend, but will also encourage more people to attend the 18th National Convention or similar events. ••• I spent a lotof timeat the con- ought not to support anti-pornography legislation because those laws are supported by the moral majority, the ultra right, and all sorts of bad guys. There is a fear, probably legitimate, Trade Policy ••• . . . • ••••• ceptable conditions of wages, working hours, and working conditions. The incentives offered to countries that respect the rights of their workers are access to American markets and the ability to attract American investment. However, the GSP incentives are meaningful only if "there is a political will to enforce the law," said Harvey. Human rights groups are now trying to convince this administrationthat it is in America's self-interest to enforce the law. A panel was convened last year to conduct fact finding to consider and document labor conditions in third world countries. The hearings, held last June, "clearly indicated that there are a number of countries where there are egregious patterns of labor rights abuses," ' continued from page 4 said Harvey. However, this administration has not yet declared which countries are barred from specific provisions. As an example of labor rights violations in the Third World, South Korea was found to violate all the specified rights except for freedom from forced labor. However, workers in South Korea have no choice whether to work overtime. Twelve hour days, seven days a week with no holidays, is not uncommon. The development strategy for the past 20 years in South Korea has been to build an export industry based on cheap labor kept cheap by political repression. In the past year four people have committed suicide to protest against labor rights violations carried out by the government. ./ �AcidRain A Growing GlobalIssue, Says Carroll by Lisa Strain Environmental Law Society Dr. John Carroll, Professor of Environmental Conservation at the University of New Hampshire and Kellogg Foundation National Fellow, gave two presentations on "Acid Rain and GreatLakes Issues" at U.B. Law School on Wednesday, April 19. The presentations were sponsored by the SUNY Buffalo Great Lakes Program and the Law School Project on Canadian American Legal Issuesand were supported by the Sea GrantLaw Program and theEnvironmental Law Society. Dr. Carroll is a leading scholar on United States and Canadian transboundary environmental issues and has published a number of books related to environmental diplomacy. He has had extensive experience directing several projects for both the United States and Canada, and has consulted with numerous organizations including the International Joint Commission, Environment Canada, and the Brookhaven National Laboratory. According to Carroll, acidrain is made up of two-thirds sulphur dioxideand one-third nitrous oxide and 50 percent of this mixture can be carried by dry deposition as well as by precipitation. Carroll gave an overview of the problems Europe is now facing, where acid rain is emerging as a political issue in countries like Germany. Coal burning emissions have been cited as a major contributor to acid rain, but as Carroll said, "Acid rain is part of a much bigger whole there are many more human activities (like auto emissions) which are greater contributors than coal burners." Great Britain had been facing — increasing political pressure from surrounding countries to , reduce its emissions because it is heavily dependent on coal burning, Carroll said. But Britain's actual contribution is not as great as the area of Eastern Europe. Carroll showed a videotape produced by the Central Electricity Generating Board of Great Britain. The most concerned European countries, Carroll said, are the high altitude ones: Norway, Sweden, Austria, and Switzerland, which emit very low levels but receive large amounts from the big producers in East Europe, Germany, and the United Kingdom. This is also the problem in North America, Carroll said, where 50-55 percent of the acid rain Canada receives comes from the United States, while the United States receives only about 18 percent of its total from Canada, most of which falls in the New York State Adirondacks area. Carroll cited the difference in geological mobility, to which Canada with its central open prairies is much more vulnerable than the mountainous western United by Michael Kulla and Sara Faherty mining 5 percent of its .annual gross income to NAPILF. At a recent National Conference for public interest law groups, the Buffalo Public Interest Law Program decided to join the National Association of Public Interest Law Foundations (NAPILF), a national coalition of public interest organizations designed to form a network of public interest law groups across the country. From now on BPILP will be sub- In exchange for this investment, BPILP expects to acquire many benefits. BPILP will have access to and be listed in a national directory of public interest law organizations. This resource will connect our law school with other schools with public interest law groups. BPILP will be able to discuss and resolve problems and share project ideas with experi- 1-800-457-4065 FOR $400 AND PRE-APPROVED CREDIT ON A NEWFORD ■ You must receive at least a bachelor's degree or a state RN license between October 1, 1985 and September 30, 1986. For Pre-approved Credit from Ford Credit ■ You must have verifiable employment that begins within 120 days of your qualifying vehicle purchase at a salary your vehicle payment. ■ Your credit record, if you have one, must mdicate payment made as agreed. ■ And don't forget...you must receive at least a bachelor>s degree or a state m license between October 1, 1985 and September 30, 1986. You are eligible for $400 even if you don't finance your purc ha Se. Use it toward your down payment or get a check from Ford after the purchase or lease. ~ These Vehicles Are r The amo,unt °'X°" I ncluded In The Plan J"* is deterapproved credit Yp *.. SndertW Lynx, Topaz, & Mercury: Capri, Cougar Ford Truck: Aerostar, Bronco 11, Ranger, F-150 & F-250 C Q acidity." » "Very little has happened in the public policy/diplomatic arena" with regard to acid rain, Carroll said. "The bigger problem is severe air pollution, part of which is acid rain." continued on page 10 BPILP Will Gain From Merger with Nat'l Public Interest Group GRADUATES CALL It's Easy To Qualify i? <t/ii\r\ from Ford For $400 «*»•«« V™A Motor Company States. However, Carroll said, the "buffering capacity is not permanent, but is worn down with the continued assault of (t (9 \ § A/A/i Z> XIX bSV^ H^T C^m*&> mined by the qualified vehicle you buy. If a vehicle is not in dealer stock, it must be ordered by June 1, 1986. Delivery of all vehicles must be taken by August 31, 1986. Pl"» pre-approved credit, call the toll-free number today. 1-800457*4065 enced public interest law organizations. BPILP hopes to streamline its institutionalizetion process. Joining the national network will prevent BPILP from duplicating work that has already been done or overlapping efforts with other public interest law groups in our region. Besides having open lines of communication and .esourcepooling, members of NAPILF also have input into nationwide decision-making. As a member group, BPILP will now be able to contribute to the policy making process of NAPILF. BPILP will have members on NAPILF's board of directors and will help to organize future national conferences. At the March conference, NAPILF established its agenda for the upcoming year. The national association will be focusing on four major projects: a national newsletter; future national and regional conferences; outreach to other public interest related groups, for example, the ABA, LSCRRC, and clinical programs; and the writing and publishing of several basic beginner's manuals on public interest law program related' topics. There will be separate manuals on tax exemption for public interest law groups, loan forgiveness, programs, the institutionalization of public interest law groups, organization tactics, and fund raising ideas. BPILP has already gained valuable input from other organizations in NAPILF. At the conference, several fund raising ideas were shared. They ranged from expensive, long term projects, such as cookbooks made up of favorite recipes of lawfaculty and students, to shoestring money raisers such as setting up a miniature golf course which satrizes the law school experience. Some public interest law programs sell baseball caps and beer mugs during alumni weekends, while others publish school year calendars with each month accompanied by a humorousfaculty photograph. NAPILF is already working on setting up a national clearing house of public interest law job openings. Once this clearing house is established, BPILP will be able to make this resource available to U.B. law students. BPILP is excited about the prospect of sharing ideas and resources on a national scale. BPILP is especially interested in using its membership in NAPILF to learn more about the possibility of setting up a loan forgiveness program here. BPILP will sharethe advantages and benefits of this creative input with the law student body as we learn more from theother members of NAPILF. April 23, 1986 The Opinion 7 �©PINION fla / STATE UNIVERSITYOF NEWYORK AT BUFFALO SCHOOL OFLAW April 23, 1986 Volume 27, No. 1 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Staff: Peter Scribner, Victor Siclari, Jeff H. Stern. Contributors: Susan Berkow, Timothy Burvid, Sara Faherty, Michael Kulla, Karen Peterson, Lisa Strain. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. and Graphics, Inc. Composition and Design: Words Editorials With Newhouse, We Need Look No Further Last month, this newspaper reported on University Provost William Greiner's disbanding of the Oean Search Committee after Louise Trubek (the Committee's last viable candidate) withdrew her name from consideration amid much infighting between her supporters and detractors. Now, at last, the smoke from the battlefield is beginning to clear, and the Administration has come up with a plan to get the school back on track. The plan has its pros and cons. Although no official appointmenthas yet been made, it now appears certain that Professor Wade Newhouse will serve as dean for the next two years, while a new and improved search committee resumes the quest for outside candidates. Clearly, Newhouse is the man for the job. He's been here for 27 years and knows the place. He's attended countless faculty meetings and served on innumerable committees, and is thoroughly familiar with the internal workings of the law school. He's served in a number of administrative posts and was largely responsible for the law school's move to O'Brian Hall and the burgeoning of the Jaeckle Center State and Local Government program. He's a first-rate scholar, extremely knowledgeable in the areas of constitutional law, school law, and state and local government. He knows the alumni and has the affable disposition which is so necessary for soliciting donations to the law school. Given the above, one has to wonder why the Administration chose to resume the search for outside candidates at all. The old committee spent two years sifting through hundreds and hundreds of names, only to invite seven candidates to interview here (four of whom withdrew and three ofwhom the committee decided it didn'tlike after all). Although Associate Dean Robert Berger insists that for the next two years Newhouse will not be an "acting" dean or an "interim" dean, that is exactly what he will be, with all the drawbacks such a position entails. Appointing an outside candidate two years down the road who is totally unfamiliar with the law school does not, to our minds, make sense especially^whefT'we have someone from within who is so qualified. Newhouse should be the Dean. Period. — ' Administration Headed for Another Void in Ranks While the search for a new dean appears to have ended with the pending two-year appointment of Wade Newhouse to the post, another equally important search has yet to begin that for an assistant dean of admissions and student affairs. Vivian Garcia had held the position until last fall when she went on maternity leave. She was to have returned in February, but announced in November that she wanted to devote time to her newborn baby and thus would not return. Steve Wickmark has filled the position in her absence, but will be leaving once the semester is over. And, with no immediate successor waiting in the wings, it appears the law school administration is headed for another void in its ranks. While Acting Dean John Henry Schlegel "hopes" to have someone appointed by July 1st, that is all that really exists right now a hope, and a faint one at that. No search committee has been established, no names have been mentioned, and Sch!egel admits he could use some suggestions from — — students. At the risk of Monday morning quarterbacking, why wasn't this done in November when Garcia announced she would not be returning? A committee could have been established then, set its goals and selection processes over the semester break, and then begun interviewing potential replacements in the spring. Also, Wickmark would have been around to provide his insight and guidance. Instead, nothing was done and little attention was given to the matter. The dean of admissions and student affairs plays a vital role here at the law school. The position entails, among other things, the directing and coordinating ofthe Legal Methods program a program that arguably sets UB apart from other law schools in its continued and active pursuit of qualified minority and disadvantaged students. The job also entails coordinating the entire admissions program, and catneeds which once again ering to the needs of the student body have been given slipshod treatment by the law school administration. With the end of the semester at hand, long overdue plans to establish a search committee and solicit student input appear to be nothing more than administrative lip service to a problem whose severity will probably not be truly realized until next fall. — — 8 The Opinion April 23,1986 Victor's Farewell Address legement and thanks, but deserve it as much, if not more, by Victor R. Siclari, former Editor-in-Chief It seems just when I become comfortable in my surroundings, it is time to move on. It in happened elementary school, then in high school, again in college, and now in law school. Understandably, this is a part of life and the process of maturation. However, it does not make it any easier to move on nor compensate for the feeling deep down that you may never cross paths with the many people you have become accustomed to seeing daily. Therefore, I would like to take this opportunity to say goodno, to say best of luck bye to the graduating class. I am happy to say that I have made many friends, acknowledge that I have had differences of opinion and views with some, but consider no one my enemy. To the first and second year students, I hope that you take advantage of all this law school has to offer and receive as much fulfillment out of it as I did. Many understandably berate the law school for its faults and shortcomings. While criticism is one way to deal with its problems, the energyof the students is best exerted on deciding how these problems can be ameliorated and taking the necessary action. We also should not lose sight of the positive forces and elements in the law school (yes, they do exist!), and take time out once in a while to pat ourselves on — — Former Editor-in-Chief Victor R. Siclari. Photos by PaulHammond the back when goals and objectives are achieved. To the faculty, I thank you for expanding my horizons andfor providing me with an education which has taught me the value of critical legal studies and how to decipher, analyze and reason. Although I would be without substantiation to say I have received a better education than if I attended an Ivy League law school (only because I can not make a justified comparison to schools I have not attended), I do know that UB Law School has exposed me to a learning process not present in most other schools. If I had to do it over again, I would attend UB sans the deep winter freezes and snow and floods, etc. To the administration and supporting staff, I express my gratitude for providing the framework on which this school operates. Special recognition goes out to the secretarial staff who oftenreceive littleacknow- than anyone else because the law school could not operate without them. To our printer, Words & Graphics, especially Mary Jo and Wayne, whose expertise and professional skill in composition and design added that special touch to the newspaper, I thank you sincerely. You accepted late copy, worked around our deadlines, and labored as hard as anyone else to produce this paper. Finally, I want to thank my editorial staff, business manager, writers, contributors, and all those who have supported my endeavor to make this newspaper a quality product of which we can all be proud. Working on this newspaper has been my single, most rewarding and enlightening experience in law school. While I experienced a most disappointing start (and almost equally dissee SBA appointing finish budget story), I feel I have accomplished all that I had promised and set out to do creating a reputable newspaper which provides the law school with a balanced diet of news and features and serves as a vehicle of communication for all who wish to utilize it. I am confident that my successors will not let me or this school down, but will make this paper even better. S.E.C., here I come! — — — . The Opinion Mailbox Family Law Grades Released Members of Isabel Marcus' Family Law Class, Fall, 1985 As you may know, several weeks ago I was supplied with information leading me to believe that some academic dishonesty may have occurred during the administration of Professor Isabel Marcus' exam in Family Law this past December. This informationraised concerns that were so serious that they could not be ignored. I therefore directed the Registrar not to release the grades for the course and began an investigation of the matter. That investigation was hampered by the fact that the information made available to me was quite general. It went into no specific detail. After proceeding with my investigation for a reasonable time I have chosen to discontinue it and have therefore authorized the Registrar to release the Family Law grades. The grades are those that Professor Marcus gave each exam based solely on the content of the answers. In particular, I have been assured by Professor Marcus that exams receiving a grade of D or F were definitely below the level of performance required to obtain a satisfactory grade. No curve of any type was used in grading the papers. Each was judged solely on its own merit. All members of the class and the Law School community are entitled to understand the reasons for my decision. I feel strongly that integrity is an essential in life. Moreover, as a law school we have a special obligation to insist on honesty from each of our students, since they will be entering a profession where that quality is vital. However, the simple fact remains that although I have reason to suspect that some academic dishonesty may have occurred among some of those taking the exam, I lack sufficient evidence to prove that it did, in fact, occur or to accuse any particular individual at this time. This situation has left me in a most uncomfortable position. I have finally'decided, after consultation with you as a group and with others, that it would be wrong to proceed in any manner that would penalize the majority of the class who are innocent of any wrongdoing. I have therefore chosen to release the grades. I hope this is not the final chapter in this matter. If I receive any allegations of academic dishonesty against any specific student who took this exam, I will turn the matter over to our Faculty-Student Relations Board. It will proceed with an investigation using our normal procedures and will apply sanctions if- it is determined that they are warranted. Moreover, we, as a community, need to address this problem in the broader context of preventing it from occurring in the future. The specific provisions of the Standards for Academic Dishonesty Cases, as well as the general attitude of the Law School community towardthese matters, need further consideration by the students, faculty and administration. The student body, at our urging, has begun its discussion. I hope that the students realize that it must continue. My decision to release the grades resolves the current impasse, but it does not solve the true problem. We all must understand that each has and must have both an individual and a shared collective responsibility to maintain an examination system free of even the hint of dishonesty. Each of you who works diligently toward a place in an honorable profession is entitled to no less. The community in which you will practice demands this as well. I trust that we can reach that goal expeditiously. Sincerely, John Henry Schlegel Acting Dean Basketballers Thank Garcia Editor: On behalf of theClinton Crimson, I'd like to thank John Garcia for organizing and supervising the Law School intramural basketball league. In the absence of any help or encouragement from the UB intramural office, and often in the presence of negative action by* this shoddy office, John put forth a commendable effort to ensure the existence and success of the law school league. The level of competition and enjoyment was tremendous, especially when considering the general argumentative and spastic tendenciesof most law students in the world today. Sincerely, Joel Schechtor �The Boy Mechanic Kevin O'Shaughnessy Deanasty: A New Soap, But the Same Old Story by Kevin O'Shaughnessy While wandering about the hallowed halls of O'Brian, the Boy Mechanic chanced upon a discarded, half finished script for a new night time television soap opera (probably one of the faculty trying to pick up some extra cash). The series is titled Deanasty. Instead of writing a column, I felt this script would be more interesting reading ... The Characters William "Boom" DreadlickFormer chairman of the board for Scarrington Oil and protector of the wildcat oilmen's "Scarrington System" of Oil Drilling. Jake Scarrington-Current chairman of the board at Scarrington. Jake (an enigma to both the shareholders and the board of directors) was formerly allied with the Scarrington wild catters, but has lost touch with them since becoming chairman. His actions and intentions are shrouded in mystery. Tess Trueheart-fK midwestern wildcat oil heiress, Tess seeks to replace Jake Scarrington (who claimshe's ready toretire) as chairman of the board. Her big plans for Scarrington Oil have alarmed members of the board and powerful area oil men. Dick Tracy-Tess's boyfriend and one of the founders of the wildcat methods still used under the name the "Scarrington System" by Scarrington's wildcatters. These radical oil drilling methods have outraged oil men nationwide. GalenFreebase-Board member of Scarrington Oil, leading member of the wildcatters and ardent supporter of Dick Tracy and Tess Trueheart. Fern Conniving-Director of personnel at Scarrington Oil, Jake Scarrington's closest confident, and former girl friend of Dick Tracy. A sultry beauty, Fern's physical charms and cunning mind make her an excellent comfortablewith Jake in power and feels that he will stick around longer than anyone thinks. Jake does nothing to dispel this notion. At an area oilmen's luncheon Jake Scarrington makes a rare public speech. Tess's appearance has caused the area oilmen to become interested in wild catters and their methods. In the speech, Jake identifies Dick Tracy as one of the founders of the wildcat method of oil drilling. One week later, Tess and Dick barely escape being lynched by vindictive area oilmen at the Annual Oil Men's Ball. Galen Freebase and the wild cat faction of Scarrington Oil feel that Jake set Tess and Dick up for the lynching. Jake denies bad intentions, but privately concedes his speech was ) ill advised. The attempted lynching turns the heat up on Tess and Dick. Alexis grills Tess at the next board meeting (Alexis likes to come the leading candidate for chairman. Blame dois not seek the chairmanship, he has become concerned/because the recent power struggle has caused Scarrington Oil to drop from 19th to 39th in Fortune back room (or bedroom) poli- tician.Fern remains bitter about being jilted by Dick, and is especially bitter about Tess. Alexis Heartburn-Memberof the board of directors who is very opposed to anyone planning to change Scarrington Oil. The veteran of many power struggles, Alexis is the toughest 500. The Plot After "Boom" Dreadlick resigns as chairman at Scarrington Oil (to teach Bible studies), Jake Scarrington takes office. Jake does not want the job but he will remain until the board of directors finds a new chairman. While the board searches, Jake and Fern form a power base. The board search yields Tess Trueheart and Dick Tracy. Fern Conniving is very unhappy with the board's decision. Tess discusses her strategy and goals for Scarrington Oil at a board meeting. The thought of changes at Scarrington Oil alarms some members of the board. The leaderof this group, Alexis Heartburn, has hernmp member of the board. Congressman Brit Whiner-Tbe man responsible for appointing the next chairman of Scarrington Oil. Like all politicians, he privately longs to be President. Congressman Whiner's aspirations cause him to be fearful of making any political enemies. As a result he is subservient to the desires of area oil men and Scarrington's board of directors. Blame Whitehors'e-tK former southern baptist minister turned lawyer. Blame is not a member of the wildcatters, but they regard him as the most trustworthy memberof the board of directors. Recently Blame has be- Guest Column continued on page IS Susan Tamar Berkow Law Students Are Paying For Cheaters' Sin by Susan Tamar Berkow Who is to blame for whatever cheating may have occurred on Professor Marcus' family law exam last December? To hear the students tell it, almost anyone but students. In private conversations, public meetings, opinion articles, and letters, I have heard blame placed on Professor Marcus, the floating exam system, and "sloppiness" due to "senioritis." Most recently, in his article to The Elan Gerstmann Opinion, seems to suggest that cheating was a response to "alienation." I suggest that students and students alone are responsible for cheating. Thus far the student response has been to avoid responsibility at all cost. A great deal of anger has been directed at Professor Marcus and the administration, none toward fellow students who have dishonored all of us and our school. It is time that we take responsibility for our individual actions and responsibility as a group for setting and maintaining community standards of ethical conduct. The posting of the family law grades should not mark the end of this matter. Because of this incident, certain ethical issues that were simmering in the law school have been brought to the surface.We should now use this incident as a starting point for a dialogue among students, faculty, and the administration ' about ethics within the law school community. Here are some of the issues that need to be addressed: The Ethics Course: There is a general consensus among students (and I think the faculty would agree) that the mandatory first-year Ethics course is meaningless. Many of us have complained bitterly about the course but no serious efforthas been made to have it improved. I now know from experience that it is possible to give a good ethics course. This semester, the clinic instructors held a seriesof classes, most of which dealt exclusively or peripherally with problems in legal ethics. Assigned readings that were generally well-written and thought-provoking were used to facilitate lively and worthwhile discussions. There was a lot of positive feedback from clinic students about these sessions. The discussions were'challenging and often difficult; it is hard to confront these issues. But we appreciated the opportunity to start working through common ethical dilemas with some guidance from people with experience. There are a few other law school courses, such as Professor Halpern's "Lawyer in Process," that tackle legal ethics. However, these courses, like the clinic program, are small. Thus, few students from any given class benefitfrom a good course in Ethics.. Since Ethics is a required course, and we know there are professors here who are capable of teaching it well, and we know students are unhappy with the current non-course, let's put in the effort to make the necessary changes. All we need is the will to do it. Exams Under An Honor System UB is unique in many ways. Part of what makes it special is our honor code. The honor system for exams demonstrates that the school administration trusts and respects us as responsible adults; it allows students some flexibility in planning when and where to take exams and provides a more relaxed atmosphere during the exam period. If we allow our fellow students to continue to abuse the system, we w.ill lose it. We need to make cheating at all levels unacceptable. In the case of floating or long take-out exams we can do this by being alert and careful in our conversations. This means exercising some restraint: waiting until friends have completed the exam before discussing it, not ficult to implement; they do require some affirmative effort, but that is simply our end of the deal under an honor system. Are we so weak-willed that we needall possible "temptations" removed? Do we want all exams to be in-class and proctored? I do not think so. The alleged cheating on exams is not thebeginning and the end of the problem. Last year there were widespread incidents among the first-year class of students doing various manipulations to discover their classmates' grades. Again student response to this outrageous conduct was not anger at the perpetrators for their lack of ethical standards and respect for the privacy of other, but criticism of the Admissions Office for making it so easy to figure — out people's gradesI I understand the argument "there will always be people who do these things," and I agree, but I think those people are in a tiny minority. There is a much larger group that can be forced to straighten up its act with a little social pressure. This merely involves being consistent in our conversations and interactions with each other about expressing scorn and condemation of cheating and other unethical conduct. It also involves being careful in our own behavior and following the rule of "avoiding even the appearance of improthat discussing it in public places where others-may overhear; for those who have not yet taken the exam, it means walking away from areas where others are discussing it. These measures are not dif- priety." The effect will be established and recognized ethical standards within the school community. I believe that putting up with a very small number of people who engage in such objectionable conduct is preferable to all of us losing the advantages of the Buffalo Model. Thatis what will ultimately happen if we allow such behavior to go unchecked. This phenomenon is already happening on a wider scale withinthe legal community. Be- cause so many attorneys cheat their clients, a client security fund has been established to help repay at least some of those client-victims. All attorneys are now required to contribute $100 a year to this fund. We will all have to make our first payment next year before being admitted to the bar. We are all paying (literally) for the "bad behavior" of our fellow lawyers. We pay because members of»the legal community have not beenable to effectively sanction their peers and enforce standards for unacceptable behavior. As long as we continue to throw up our hands helplessly and say, "there's nothing we can do," we shall continue to pay. We are not powerless. We can set the standards and furthermore it is our responsibility to do so. We don't have to keep paying for the cheaters. SBA Board Pledges Enthusiasm, Dedication To the Editor: Well, the elections are over and a new SBA ExecutiveBoard has been chosen. It is always difficult to know just what to say after such an event, but there are usually a few things which need to be said. First, a hearty congratulations goes outto all of you who, by voting, demonstrated your concern for the future of the SBA. The new executive officers will do our best to fulfill the expectations you may have for us. Furthermore, we are mindful of thefact that your choices for the Executive Board were not unanimous and we will make every effort to listen to those who may have chosen otherwise. We are confident that, with time, we can earn your support. Second, we should all thank the many candidates who participated in this election and made the choices for officers all the more difficult. These students have much to offer, us. Their experiences and insights are very valuable and we hope they continue to participate in the struggle for those issues to which we are all committed. If they do, SBA is sure to be a stronger and more effective or- ganization. Finally, this Executive Board is one which is sure to be enthusiastic, assertive, and, at times, demanding. We will ask you throughout the year to commit yourselves to actions which will demonstrate to faculty and administration alike that students are united over key concerns. We will ask you, as we will demand of ourselves, to develop the confidence to place our bodies where only > our words have previously been. At times, as we all know, presence is more effective than Have a great summer and we will be looking forward to seeing you in the fall. argument. This Executive Board is dedicated to the furtherance of student concerns through a combination of both wordsand action. Brett Gilbert, President Jack Luzier, Vice President Karen Buckley, Secretary Terry Gilbride, Treasurer a Sincerely, . Commencement Update Graduating Seniors: As you know. Senator Moynihan has agreed to speak at our Commencement on Sunday, May 18. The ceremony will be held at Baird Point, weather April permitting, triple gym if not. Invitations will beavailable in Marie's office, room 312, by April 21. Each student can get 10 invitations. If you would like continued on page 12 23.1986 The Opinion 9 �CDO Career Panel Focuses on Labor Law by Idelle Abrams On March 26, the Career De- velopment Office hosted a very informative Career Panel on Labor Law. Sponsored by the, Alumni Association, the panel \ represented a diverse cross section of labor law practitioners. Marilyn Zahm described her position as an Administrative Law Judge and Chief Regional Mediatorofthe Public Employment Relations Board (PERB). John Collins of Collins, Collins, and DiNardo explained the practice of a union-side attorney while David Farmello of Hodgson, Russ,Andrews, Wood & Goodyear represented the management side of labor law. Marc Pearce, an attorney with the National Labor Relations Board (NLRB), described his duties as well. One of the most positive aspects of practicing labor law, agreed all the panelists, is the amount of interaction with people that goes with the job. Said David Farmello, "You're dealing with peoples' lives. You're very much dealing with matters that are of great significance to their day to day existence and are going to change their lives very directly the day the decision comes out." Farmello characterized labor law as "legally a non-legal field." A great deal of the work is not specifically "legai." "There's a very human element to what's going on in the labor field," said Farmello. Another advantage the panelists stressed was the diversity of the work. For Pearce at the NLRB, the variety provides "a chance to see problems from several perspectives." Said Farmello, "One day you're litigating or preparing court papers, the next day you'll be out on the picket line. There are a lot of different tasks to be performed and a lotof different forms in which you get to appear." Stamina and commitment were recurring themes. Zahm, discussing the skills a mediator needs, described stamina as paramount. "People usually New Regs for GLS & ALAS Loans; All Applicants Must File FAF Forms by Kathy Peterangelo-Johnson The Department of Education has done it again! New regulations are being issued requiring financial aid offices to validate all Guaranteed Student Loan and ALAS applications. This means not only a lot more work for me in processing your loans, but, for some of you, more workfor you in applying. In order to comply with this regulation, the University Financial Aid Office has instigated a new policy which will affect all students applying for loans for the 1986-87 academic year. We will be validating all GSL and ALAS Needs Test forms against information found on the Financial Aid Form (FAF). What does all ofthis have to do with you? Well,«*lf you've already completed and sent in an FAF for 1986-1987 school year (hopefully before the March 15 deadline) you have nothing to worry about. However, if you are one of the many people who have not filed an FAF, you should apply IMMEDIATELY! Many of you have never filed an FAF before. After all, you weren't interested in applying for NDSL or CWS for one reason or another and only wanted a GSL and/or ALAS. All you needed to submitwith your loan form was a current Needs Test. Unfortunately, that won't be enough any more. You now must file the FAF even if you are only interested injibtaining a Guaranteed Student Loan or an ALAS loan. the You can pick up an FAF at my office, A&R, or at either financial aid office (Hayes C Main Street 0r.^232 Capen). The FAF - \. (w / \\\ /i N four weeks before you submit your loan application. Therefore, if you want your loan to be processed during the summer, you should mail in the FAF no later than May 1. I will begin processing loans for the next academic year on May 19. If your FAF is not on file, your loan will be sent back to you with instructions to file the FAF. To -avoid this delay, pick up the FAF, complete it, and mail it to CSS as soon as possible. Believe me, I'm not very happy about this whole thing either. You can help make things a lot more bearable if you will file an FAF before exams. That wayi there won't be any unnecessary delay in processing your GSL/ALAS. £, when everyone's worn down. So you have to make sure that you can outlast everyone else." Everyone agreed with Collins who said, "You're going to put in a lot of hours. It is not a nine to five job." He pointed out that you may have.to be out on the picket line at seven in the morning or you may get a call at midnight about a labor issue. PERB, explained Zahm, is a state agency set up to administer the Taylor Law, which afforded public employees in New York State the right to organize and participate in collective bargaining. Zahm described PERB's functions as falling into two categories. The agency handles improper practice cases. In these cases, a union, employer, or individual claims that their rights, which are set out by statute, have ing Acid Rain The other function of the agency is to assist employers and unions in reaching contract agreements. PERB supplies mediators, fact finders, and conciliators to help employers and unions bargain for a contract. An AdministrativeLaw Judge "just like any other judge,", listens as both sides present their cases, and writes the decision. You can become an ALJ after serving as an apprentice for three years or, if you come to the agency with five years of experience in labor law. Mediators, fact finders and conciliators all assist management and labor to reach a contract agreement. (ALJ), "People who decide to leave PERB usually have lots of opportunities elsewhere," said Zahm. They may go to other .. . . • • • • • In his presentation on the continued on page 15 continued from page 7 Great Lakes, Carroll said, "There are substantial differences overtheir use and allocation and there are built-in imbalances." For the United States, it is a regional issue, but for Canada which is heavily dependent on hydroelectricity it is a national one, he said. The major issues related to the Great Lakes are their navigation, diversions of water through certain areas, and coastal erosion. Canada is also heavily dependent on its fisheries. Canada had not previously been overly concerned with water quality, Carroll said, but may have to start facing it soon after its Sonia Power Plant on summer. Carroll said there has been a significant increase in citizen diplomacy which has been encouraged by acid rain and toxic controversies. The scientists of Environment Canada recently published a controversial publication entitled "Storm Warning" which essentially conveys the message that government cannot protect its citizens from highly toxic substances. This publication was subsequently withdrawn, Carroll said. Radioactive waste and other toxics are "a normal Cost of doing business" he said. "If we want cheap electricity we must take the acid rain with it, and as long as we demand a very high per capita consumption of elec- Blind River started leaking last tricity, it will continue." RES IPSA LOQUITUR c:^2:) Tfe Tieper 9{ew yorf^State been violated in a certain way. ' — Muttistate (Bar %eviezv offers an J Cd) \(f\ I J\J I integrated approach to the 9{ezu yorl^ (Bar Exam. We emphasize sophisticated memory techniques, essay writing stqtts and a concise, f\f/\ organizedpresentation of the taw. you wilCBe prepared and confident I Jr-^. / r\J/\ K sj, I 1/yJiI A ((/ ) PEIPER NEW YORK - MULTISTATE BAR REVIEW It Speaks For Itsetf. 90 'Willis Avenue, Mineota, O^QT 11501 \Ty | Duane Barnes I \ . \ Ross Lanzafame James McElhone 3rian Bornstein Amy Sullivan I Margoßeasley v \^ 10 must have been sent to the College Scholarship Service (CSS) settle at 4 o'clock in the morn- The Opinion April 23. 1986 Telephone: (516) 747-4311 PIEPER REPS Charles Telford Walter Ramos Zoran Najdoski Brian Mahoney Mark Pollard Judith Kubiniec Doris Carbonell Maria LoTempio John Rowley Donna Siwek Amy Murphy I \\J AvV (\ J N^\/ ""A \ / / / �Chapus by Comics April 23. 1986 The Opinion 11 �Library Committee lose it). ....... • •••••••• ble to patrons. and last but -not least for those here on Sundays, the local Sunday paper is back. Maybe someone next year can get the Sunday Times in on — v loan speed facili— interlibrary by tated RUN access. See1 Betty Waif or ask one of the clerks at circulation for a form if you need to borrow from elsewhere. films sponsored by the law library throughout the year, largely due to Nian Cascio's effortsad InternationalLaw Librarian and Head of A-V. exhibits as mentioned before. index tables that grew over -spring break, allowing the Shepherds to stay together in better order, and making the smaller and more current orange-taped reference librarians' collection more accessi- Sunday. — Suggestion for discussion in future meetings next year: more advanced legal research courses of the same caliber as Professor Gibson's one credit tax research course. I believe Susan Dowd, Government documents librarian, presented a workshop on Federal government documents. State & Local documents workshop might be the next logical step, and Nina Cascio presented another such workshop in International legal — — continued from page 3 research —/6otbh areas are complicates enough, however, to warrant^eithjer several such workshops a one credit course. There might also be interest in workshops for finding and using forms, comparative law (esp. Canadian ana Chinese), and how to approach using therare books collection. A personal plea by a librarian working as a law student library worker: please remember to reshelve 2nd and 3rd floor books when you're finished with them this gives students working in circulation more time to help you at the desk and saves you and your fellow students time and frustration in locating needed materials. \f — Commencement more, please see Marie a few days before graduation. You can invite as many people as you'd like to the ceremony. If you forgotto order yourcap and gown by the deadline and would like to wear one, please see Marie in room 312. Also, please try to contribute to the Emergency Student Loan Fund. Practice for Commencement will be held on Friday, May 16 at 11: a.m. in room 106.A picnic has been tentatively planned for after the practice hopefully, hot dogs, hamburgers — and beer!l A bulletin board will be Newhouse .. . • • formal way with the Provost's office how the new dean search process will run," and precisely what role the law school faculty will play in the process. The new search committee will be formed after the faculty committee's first meeting with Greiner. Berger said that although there "is no prohibition regarding overlap of old and new members, the expectation is that for the most part, it will be new people and a new chairperson." Newhouse, who has been a member of the faculty for 27 years, hasfilled a numberof administrative posts during that time.From 1961-1974he served as Chairman of the Building • • continued from page 1 •. Committee, in which capacity "to work out in a slightly more he played an active role in the law school's move to the Amherst Campus and O'Brian Hall. From 1977-1980,he served as director of the law school library. In 1980 he was named the first director of the Jaeckle CenterState and Local Government Program, which he organized and developed. Berger appeared optimistic about the chances for finding an outside candidate to take over after Newhouse's two year term expires. "With a different search committee, more assistance from the Provost's office and a little luck, we'll be able to find someone within two years." • continued from page 9 on the window in Marie's office. Please check it periodically for updates on Commencement plans. Any students interested in being ushers please see me as placed soon as possible. Any questions, please see me. Gina M. Peca Commencement Chairperson Loan Fund Donation Urged for 1986 Grads Graduating Seniors: Some graduating seniors indicated to Gina Peca that they would prefer to forego wearing a cap and gown at graduation and to give to a student emergency loan fund the amount they would have spent on renting a cap and gown. A significant number of others said that although they are renting a cap and gown, they would also like to contribute to such a fund. Arrangements have been made with the Dean's Office to have contributions to a student emergency loanfund—whether they are made in lieu of or in addition to the cost of renting — a cap and gown collected through his office. A student emergency loan fund already exists but it is woefully small and therefore has gone unpublicized. With a significant injection ofcontributions, the fund could become, over time, a very important and meaningful source of temporary aid for many students who face critical short-term financial needs. — We hope (1) that each graduating senior will be willing and able to make a contribution, however large or small, to the fund, and (2) that our giving will create a precedent for future graduating classes to fol- low. Contributions to the student emergency loan fund from-the members of the Class of 1986 will be collected until May 9th and should be given to Marie in room 312. Checks should be made payable to "SUNY at Buffalo Law School." We will make an announcement at graduation about the class's contribution to the fund and our class' hope that succeeding classes will follow our example. If you're able to make a contribution, please do it today while you're thinking about it. If you don't have the money to give now, then please try over the next three weeks to set aside a few dollars to give to the fund. No matter what size your contribution, every donation will help. In the hope that the faculty will join us in our effort to meaningfully increase the size of the student emergency loan fund and to create a precedent that will be followed at spring graduations at this school for marly years to come, a copy of this memo has been distributed to each member of the faculty along with a request thatshe/he also consider making an annual contribution to the fund beginning this year. The Commencement Committee The MBE Is Worth 40% Of The New York Bar Exam JULY, 1983 Took 6217 Passed 4648 JULY, 1984 % 74 8 Took 6.446 FEBRUARY, 1983 Took 2,214 Passed 1.065 % 48 Passed 4 366 % 67.7 FEBRUARY, Took 2,105 Passed 940 Change 7.1 l?»-»^4-« lt/1 «o4- Cl-i i^n^tl-^ 11/l*^. FaCtX MOSt btUdeiltS WhO in% Tail The New York Bar Exam MBE in% 4-1 1984 % 44 -4 That's Why In The Last 10 Years Over 50,000 Students Have Supplemented Their General-Review Course With fm/ MULTISTATE WEST COAST OFFICE 829/2 Via de la Paz Pacific Palisades, CA 90272 (213) 459-8481 SPECIALIST NEW YORK OFFICE 450 7th Avenue, Suite 3504 New York, NY 10018 (212) 947-2525 EAST COAST OFFICE 211 Bainbridge Street Philadelphia, PA 19147 (215) 925-4109 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 12 The Opinion April 23, 1996 �Review of 1985-86News and Events by Victor R. Siclari With the school year almost at an end, and this being the last issuefor the academic year, it is an appropriate time to reflect back on the events which haveaffected us this year. Possibly this also will serve as a reminder of the issues that still need to be addressed by the students. In our first issue, we reported that Thomas E. Headrick's resignation as dean took effect without a permanent replacement. Instead, Assistant Dean John H. Schlegel took the helm as Acting Dean with the expectation that a dean would be appointed by September 1986. While the Dean Search Committee provided the law school with several reputable candidates, for a variety of reasons, some of which still remain elusive, the candidates eitherwithdrew or the faculty and administration were unable to reach a concord. Much to the chagrin of the students and others, the options now existing are to reestablish a search committee to solicit and interview more applicants, or appoint an interim dean and postpone the search for a couple years when there will be a fresh pool of candidates. Other reported problems concerned the continued leaks in O'Brian Hall and the expectation of increased trafficking in the law school when the catwalk connecting O'Brian with the new Social Sciences building opens. Happily, theroof has been repaired, but not without problems. It tookthe contractor two tries before it eliminated the leaks; now the Library and seventh floor no longer have to suffer water damage, mildew and unsightly garbage pails to collect the water. As for the catwalk, it has yet to open and plans have yet to be finalized as to how to avoid the undesirable effect it will haye on the law library and the waning sense of community in the law school. One suggestion was to move the law library entrance to the third floor, but little has materialized from this proposal. Again, grade delays were condemned by students and faculty alike. Procrastination was inexcusable, but no effective remedy seemed apparent— that is, until Professor Ken Joyce, notorious for failing to meet the faculty's self-imposed deadlines, provided us with the seemingly perfect solution withhold all grades until the last professor hands in his or her class grades. If peer pressure worked on Joyce, it should work on anyone. — The second issue reported the election results of the new Student Bar Association officers and directors. Later issues faithfully covered S.B.A. business under the helm of President Lori Cohen, Vice President Todd Bullard, Treasurer Jerry O'Connor and Secretary Colleen Rogers. Whether it was this close monitoring and reporting of the S.B.A. meetings and/or the cohesiveness and hard work of S.B.A. members, the students profited from a successful year. sponsoring Besides a plethora of social activities, especially parties at bars with drink specials and give-aways of trips, dinners, tickets and other goodies, the S.B.A. also addressed important academic and business concerns. It appointed Leslie Shuman to the newly created position of Special Assistant to the President, a position designed to alleviate some of the burden the Executive Board encountered while its vice president was absent due to a heart attack. The S.B.A. also addressed the issue of late grades, promoted a forum for discussion of the cheating allegations in Professor Isabel Marcus' Family Law class, restored to The Opinion the $1,000 which was cut in last year's budget meeting, outlawed proxy votes, purchased the phones for which it was paying rental fees, chartered three new organizations Entertainment Law Society, The — Advocate, the law school yearbook and Parent Law Students Association, and produced the "Law Revue." The S.B.A. was successful in having the student body approve, in a referendum, several constitutional changes. One was to move from thefall to the spring the elections of the Executive Board so as to provide a smoother transition and continued fiscal operation of the S.B.A. during the summer months. The other amendments concerned the selection of committee members, constitutional amendments, temporary replacement of temporarily absent officers, revision of the disciplinary powers of the Board, and a simplification of the powers of the president and vice president. The most recent S.B.A. events were the election of the new executive officers: Brett Gilbert for president. Jack Luzier for vice president, Terry Gilbride for treasurer, and Karen Buckley for secretary; and completing the 1986-87 budget with a minimum of controversy. On the academic level, UB Law School welcomed the arri- val of two new social science experts to its faculty: Jeffrey Blum and Frank Munger. In addition, the school interviewed a number of applicants for teaching positions. Selected were Victor Thuronyi, a Harvard Law School alumnus and attorney for the U.S. Treasury Department, and George Kannar,,, a Harvard Law School alumnus and attorney for the American Civil Liberties Union. The faculty also adopted a resolution which gives clinical instructors greater status, job security and voting privileges and perquisites. New features in The Opinion include columnists Kevin O'Shaughnessy with his incisive "Boy Mechanic," Diane Dean and her informative reports on the public sector, and Fiona Symthe-Horch with her "Dear Miss Social Procedure." Another new feature dear to our heart and minds, not to mention our stomachs and perceptions, was the "Bar Review" of Cole's, Crawdaddy's, Garcia's Irish Pub, Jimmy Mac's, Mickey Rats City Bar and Mulligan's Brick Bar. Also instituted was a column which reported on people of interest to the law school or legal community. The people interviewed during thefall semester issues included Cleo Jubilis, secretary to the dean; Dr. Barbara Howe, law school alumna, associate dean of Social Sciences, director of Law School Alumni Association, and UB professor; G. Steve Pigeon, a second-year law student who ran for Erie County Legislator; Irene Fleischmann, editor of the alumni magazine U.B. Law Forum; and Leonard J. Brizdle, Class of 1929and senior partner of Gross, Schuman, Brizdle, Laub and Gilfillan. Each club reported on its activities in accordance with S.B.A. Bylaw 13, but the Environmental Law Society went above and beyond and is deserving of special credit for its contributions to The Opinion, sometimes numbering three per issue. And then, there was the coverage of conference and events in the fall semester: the World Hunger Conference; the Desmond Moot Court Competition, whose problem focused on the first amendment rights of reporters and the constitutionality of sodomy statutes; a workshop on the legal aspects of caretaking for the elCharles derly; Professor Ewing's discussion on juvenile detention; a mock trial on date rape tried by Ewing's Criminal Law Section I students; BALSA/ continued on page 15 April 23,1986 The Opinion I 13 �8 ra SAVE V YOUR J&¥k> " I I I—'1 —' yy^v for BAR BRI Leaves Nothing To Chance. (b&ibn The Nation's Number One Bar Review. 415 Savanlfc A**..9 BM« 62. N.Y..N.V. 1«M1 (212) 594-3696 (2*l) 623-3363 16* o—on-*.llli At*., Bo.ton. M... 02116 (617) 437-1171 « The Opinion April 23, 1986 14 I 1 �Year in Review LANALSA sponsored by Day; Graduate Group Law . on Human Rights Law and Policy sponsored lecture by Billy Aportadera, Jr.,a human rights lawyer from the Philippines; fymd a Buffalo Federalist Society sponsored lecture by Dr. Daniel C. Heldman whose topic was "The Theory and Concepts of the Right to Work." Throughout this newsworthy year. The Opinion unveiled various stories which took many members of the law school by surprise. One was the resignation of Vivian Garcia as assistant dean of admissions and student affairs in order to dedicate more time to her newborn child. Another story reported was on the anticipated sabbaticals of Professors James Atleson and Janet Lindgren for spring '87 and the' full 1986-87 academic year, respectively. The spring semester started off with a bang as the library was confronted with more pipe bursts and flooding of a different sort this time from the — Labor walls instead of the ceiling. The students also had to put up with increased costs of photocopying, but in return were provided with new machines that operate on Vend-A-Card, a more convenient system which eliminates the need for change. If that was not enough to get up your dander, your dandruff was sure to be detected as your person and baggage were manually searched, a necessary precaution prompted by the disassembly of the existing antitheftsystem along withthe concomitant delay in the installation of the new one. Another event law students had to grin and bear was the O'Brien case in which the New York State Court of Appeals unanimously decided that a professional license is marital property subject to equitable degree and license. It has important implications for law students who are achieving their legal degree and license with spousal support. And if you checked out all of the bars reviewed in the fall. The Opinion provided you with a new spring selection: Anacone's Inn, Founding Father's Pub, Pink Flamingo, and Nietzsche's. And if that still was not enough to whet your whistle, there was a book review of "A Beerdrinker's Guide to Buffalo Bars." If you did not overindulge and check out all those places in one night, then something that was sure to do a number on your stomach was the 1985 Gourman Report, in which UB Law School dropped to 39 from 17th in the 1983report. The law school university was quick to condemn the report as being without methodological substantiation and credibility, but many perceived the problem to be that the report exists and is circulating in spite of its shortcomings. Another very controversial event concerned the allegations of widespread cheating on Marcus' Family Law Exam. While therewas a lotof talk, there was no action because of the inability to achieve a delicatebalance in protecting theinnocent while searching out the guilty. This was made especially difficult due to the absence of specific •• John Collins represents labor both in the public and private sector. He emphasized that it is very difficultfor new lawyers to get into theprivate sector. "Youhave to spend a long timepaying your dues." This may mean representing local chapters of national unions, doing lots of gratis work, and performing small favors for local union officals. You have to build up a relationship with the people before they'll ask you to represent them in other matters. The fear, generally, in the private sector about labor attorneys is that "if you come on too hard, you threaten their jobs." Collins recommended that new lawyers who want to get into labor law go to the public sector unions. As a newer sector, it's more open to young lawyers. It's also a good training ground. He also suggested that people interested in labor law get a Master's Degree in Labor and Industrial Relations. He found that "it opens a lot of doors." David Farmello is one of six attorneys at Hodgson, Russ that do labor law, representing management exclusively. In the labor field, Farmello said, clients tend to prefer someone who does not work both sides. A practice that represents both labor and management may run intoconflicts of interest and may confront a problem of the substantiations and allegations. On thepositive side, Headrick was honored with the prestigious Jaeckle Award by the law school and Alumni Association for his "significant contact with the law school" at thetenth annual alumni convocation. In addition, there was a panel discussionof "Counseling the Elderly: Considerations Outside the Will" at the convention. Also on a positive note, the Buffalo Law Review passed an affirmative action plan to ensure minority representation on the Review. What might be seen as a benefit to the individual but a loss to the school is a year's leave of absence by both Professor Virginia Leary, to accept a human rights chair in Canada, and Professor Ken Joyce, to work as Research Director of the New YorkState Law Review Commission in Albany. confidentiality of information, especially in a small community. tract has expired and a new one has not yet been agreed to. He ghostwrite a regional director's decision on a representation Farmello's labor relations work for management includes negotiating collective bargain- claims. This may be charges of ing agreements, administering the agreements, counseling management in what a provision means, and going to arbi- tration if management and labor disagree on the interpretation of an agreement. Farmello also represents the employer when there is an election campaign for unionrepresentation or when an employee files a charge alleging that management has engaged in an unfair labor practice". In other areas of his practice, Farmello advises employers in strike management, which arises most often when a con- Win Two L. Sec. II Gridders ... by Kevin O'Shaughnessy The lawschool gridders (a.k.a. 2L Sec. 2V2) avenged an earlier loss to the mcd school by defeating them 20-18 in a divisional playoff Saturday, April 20. 2L Sec. Vh had stumbled early in the season and rumors of drug abuse were being bandied about. The team unanimously voted against urine testing, and player representative Kevin O'Shaughnessy declared the testing to be "part of some crypto-fascist plot which probably can be linked to Lyndon Laßouche or Momar Ghadafy." Team mate Will Zickl came out against the testing "because the cups are always too small." The game was dotted with spectacular plays. Keith Fabi's "ice clamp grab" and 25 yard dash to paydirt put the law men ahead 13-12 at half time. Bruce "Big Hands" Hoover startedthe law school scoring with a nifty cross field catch and run. Hoover, not known for his speed, outraced several wouldbe tacklers and scampered into the end zone. "It seemed like everyone else was on Ether... I just blew by a bunch of stumbling droolers." Even the normally stone-handed. Kevin O'Shaughnessy caught a touchdown pass from Rick Resnick. Resnick, who was 16 of 22 for 298 yards and three touch- downs, also led the team in rushing with 66 yards on ries. "At first I thought I was hallucinating, but then I realized the line was opening huge holes in the defense it was . ... all very surreal," Resnick explained. Joel Schechter, the gifted wide receiver, led the team in receptions with five. "I just caught everything today .it was like I had airplane glue on my hands." Speedy John Formica led the law school defense with three quarterback sacks. "I just getso hyped up during a game, I just don'tknow what causes it," the excitable defensive end declared. The secondary was anchored by Jerry Sperienza and Mike Herb with QB Resnick handling the chores at safety. "There is a certain inner peace that is required to play the sec- Two L, Sec 2. If included a special appearance of Buffalo's own singer and composer Rick James, with his attorney Irving Shuman, in a presentation sponsored by the Entertainment Law Society; a lecture on "Apartheid and the Law" by Gerald C. Home, director of the National Conference of Black Lawyers and professor of History; a lecture by Ira Lee Sorkin, administrator of the New York regional office of the Securities and Exchange Commission; and the Mugel Tax MootCourt Competition hosted by UB Law School and organized and run by the Moot Court Board. Finally, we have this last issue with its gamut of news andfeatures. AH in all, this year was a reporter's dream-cometrue, with more news than could be handled. It was also a reader's delight with something for everyone. And if you disagree and claim there was something lacking or missed, you are more than welcome to write next issue. Law Panel state agencies, to union offices, or to private practice. The kind of experience one receives at PERB, Zahm said, is very attractive, especially to firms that do public employment law. continued Own pugr Other news in the law school I strive to achieve a oneness with the football ..." intoned a rather tranquil Mike Herb. "This team has what it takes to win it all again!" roared the fiery coach and middle linebacker of 2L Sec. Vh, Brian "Get Down" Bornstein. The team faces further playoff games this weekend. They also will be hosting an area college flag football tournament ("Footballmania") with proceeds going to aid leukemia research. "Everyone's gonna party with the team after the tournament on Sunday April 20," declared owner and general manager of 2L Sec. 2V? Brian Bornstein. "This team gives 110% on the field and in the bar! Molly's Pub, four o'clock, be there..." Coach Bornstein was led away by his ondary players ... Photo Crtdlt: Unknown • • continuedfrom page 10 discrimination on the basis of sex or race, or claims of retaliatory behavior by an employer against an employee who files a complaint about working conditions, for instance, or a claim for disability or some otherbenefits. Marc Pearce became a field attorney for the NLRB right out of law school. The NLRB regulates the National Labor Relations Act (NLRA) which deals with labor/management disputes in the private sector. His functions cover a wide range of responsibilities. He may investigate an unfair labor practice charge, conduct a representation selection for a union. issue, try an unfair labor practice case, or go before a District Court judge seeking an injunction. Pearce described a "certain fascination of being able to be in the middle. You get to see how the Act operates from both sides of the spectrum. You find there's not necessarily one good guy, one bad guy." The disadvantage of the job, said Pearce, is the amount of traveling he must do. "If someone calls and says they feel somebody is engaging in an unfair practice, one of the fNLRBJ agents has to go to them and investigate the case." He also cautioned, "If you don't like bureaucracy, don't go into goy ernment service." Deanasty • also handles discrimination ...... test a person's mettle). Fern works behind the scenes (and between the sheets) to reject Tess's bidfor the chairmanship. After the grueling board meeting, Tess and Dick return to the Midwest to evaluate their op- tions. Congressman Brit Whiner, a man who lives with his ear to the ground (he can never wear a hat) and spends hours on his roof trying to decipher which way the wind is blowing, is distraught because things have not moved smoothly. He craves the support of both the board and the area oil men. Powerful area oil men have put pressure on the President. ThePresident presses Congressman Whiner forthe removal ofTess as a candidate for chairman. Congressman Whiner, a man who leaves the kitchen when the temperature rises, buckles under. He calls Tess (who is depressed and outraged at the treatment she has received at Scarrington Oil), and Tess tells Whiner she doesn't want the chairmanship. She also tells Whiner that she was used to test Jake's popularity as chairman. The board of directors at Scarrington view Whiner's actions as interference, and try to heap the blame solely upon Congressman Whiner (who is now wandering about Capital Hill mumbling Harry Trumanisms and trying to look statuesque with his ever pre- April •,'••• continued from page 9 a colsent ear to the ground lection is being taken to purchase Congressman Whiner a hat in an attempt to lure him to stand up on his own two feet). Jake cryptically declares he will go wherever he can best serve Scarrington Oil. No one is prepared to figure out where Both Congressman that is Whiner and a majority of the board now favor Blame Whitehorse for chairman of Scarrington Oil. This should happen at the next board meeting barring any anti-Whiner up- ... ... risings . ThePower Struggle Continues Future Episodes 1) What will Jake do next? Will he remain an enigma? Is he a wild catter? 2) Why is Fern Conniving smiling? Do Tess and Dick want revenge on Scarrington Oil? 4) Who would want Congressman Whiner for President? What type of hat will get his ear from the ground? 5) Who would ever want to be chairman of Scarrington Oil? A soap opera that has lapsed intotheatreof the absurd I'd rather watch Green Acres. 3) ... GOQQOQGGGOQC Personals SOM medical student seeks female (mid 20'sl for relationship to go to theaters, shopping fun stuff. Sarious inquiries only. you name it 310? Main. — QOOOQOGOQOOG 23,1986 The Opinion 15 �' v 1 -REVIEW^^^ BB Review the comprehensive JOSEPHSON/KLUWER law summaries and outlines... Research the "Tested & Proven" methodolgy and "Program Learning System" (PLS) Compare this pertinent information to other Bar Review Courses... DECIDE JOSEPHSON/KLUWER recommends your decision should be based on facts. . . not hearsay, sales gimmicks, peer pressure or subjective data. Draw your own conclusions.! Once you have decided JOSEPHSON/KLUWER is "the" bar review course for YOU, why not take advantage of our Low $50.00 Downpayment, "FREEZE" your price and "CHOOSE" to receive all your precourse volumes AT NO EXTRA COST!! "That's Right!" JOSEPHSON/KLUWER does NOT require additional monies for advance precourse materials. Because JOSEPHSON/KLUWER trusts your decision to enroll was based on LOGIC AND NOT A .. WHIM!! SEE A CAMPUS REPRESENTATIVE TODAY OR CALL US... JOIEPHION* HillWED LEGAL EDUCATIONAL CENTERS 10 East 21st. Street New York, N.Y. 10010 16 The Opinion April 23. 1986 i (212) 505-2060 (Collect) (800) 253-3456 (Outside NY) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-04-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4aaa8e62914fe47731fe4638ea565222.pdf 2c9b038699bdf4be019fb5b8284d9f2f PDF Text Text THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW Volume 27, No. 2 September 17,1986 More Seniors, Fewer Faculty Cause Registration Woes by Idelle Abrams Few juniors and seniors have managed to escape thefall reg- istration process thisyear with- out any battle scars. The prob- lem of grossly oversubscribed classes, limited room capacity, and the dearth of available Registration line at A&R last year too." However, she conceded that "I don'tthink it's a good registration. No, not by any means. I thinkthereare real problems in getting people into classes." Few answers were available as to why there was such a Photo By Paul Hammond t rooms on the Amherst campus have complicated the usual problems of registration. "It's difficult to say whether it's a lot worse than it was last year," said Mrs. Helen Crosby, registrar of the Law School. "There were a lot of complaints problem this year. One possible factor, offered Mrs. Crosby, is the fact that this year's senior class is much larger thanusual. At just over 300, the seniorclass has approximately 30 people more than the usual class of 270. "For every 20 to 30 people you have it means much more demand forthe courses that are available," said Mrs. Crosby. Another factor that had been considered was the four faculty members that are on sabbaticals and leaves of absence. At first. Dean Wade Newhouse thought that may have created some of the problems this year. However, he later rejected this explanation. "If you take a faculty of 32, in terms of the average sabbatical, the fact is, four absences is probably pretty routine," said Newhouse. The likelihood that there would be problems with registration became apparent to many when the juniors and seniors, received their registration materials in July. Brett Gilbert, president of the Student Bar Association, said a delegation from SBA approached Newhouse in July to express their concern. At that time, Newhouse responded, "If it does happen I assure you that I will examine it and do whatever I can to remedy it once I know the facts." He felt there was a limit to what he could do to change the situation this semester. "I did not putthis curriculum together and you don't undo something once it's in place," he said. Problems became apparent during the drop/add period when a "stream of students" began complaining to Newhouse. He began to examine the situation to see what he could do "to take care of people this semester." Specifically Newhouse was concerned about the impact on seniors. "The crisis has <o do with seniors. I'm not embarrassed by saying that seniors have preference" and juniors will have their chance to take these courses next year. Newhouse, in an attempt to gauge the extent of the problems that seniors faced, requested that seniors sign a pad that was placed at the registration counter and specify which courses they had been closed out of. Newhouse then tallied the results to identify wherethe problems were ahd what possible solutions might be appropriate. The final solutions that were devised were made possible by the "good will of the faculty members," stressed Newhouse. Many faculty accepted additional students, though it resulted in larger classes than they had originally planned. In some cases, however, though the instructor was willing to take a larger number, there were no seats available in the room and a larger room was not available. In one case. New York Practice, it was not possible to accommodate everyone who wanted the course. Instead, Newhouse has promised that therewill be sufficient sectionsof this course offered next semester to satisfy all those who could not get in this semester. It is the Dean, said Newhouse, who is ultimately responsible for curriculum and continued on page 11 Law School Veteran Begins Two-Year Term As'Dean by Paul W. Kullman A jack-of-all-trades at UBLaw School since 1958, Professor Wade J. Newhouse now finds himself in the midst of mastering the most important one that of being dean. The 28-year veteran of the Law School was appointed fora two-year term as dean on July 1. He succeeds Acting Dean John Henry Schlegel who was named to fill the position temporarily when Thomas E. Headrick stepped down as dean last August to return to teaching and other academic pursuits. Newhouse, a 1951 graduate of the University of Michigan Law School, previously served twice as associate dean, once as assistant dean, and twice as director of the Sears Law Library. He also has served as director of the Edwin F. Jaeckle Centerfor State and Local Government Law. Although initially reluctant to take the position, Newhouse said he "agreed to do itfor two — years because the place has been good to me. I accepted a fixed term knowing that when we find someone (to take over as dean), I'll step aside." Newhouse said UB Provost William Greiner will announce shortly the formation of a new Dean Search Committee. While he admits to seeing himself in some ways as a "lame duck" Newhouse doesn't see that as "putting a damper" on hisadministration. "I'm too old and too ornery," he said with a grin. "Ordinarily, one might feel cautious, butbecause of who I am, how long I've been here, and what I've done, I don't see any problem with lame duckedness. I approach every decision as if I'll be here forever." Newhouse said his goals for his tenure as dean are severalfold: First, he wants "to provide some continuity from the past as the school moves into a substantially new period as a result of flexibility legislation and other matters. I'm concerned with examining the development of management of the school over the last 20 years and preparing it to operate under flexibility legislation. We've got to tighten up man- agement." Next, Newhouse said he wants "to better ensure a de- Dean Wade Newhouse gree of openness bothbetween and among faculty, students, and administration which will make UB a better place to be. I'm concerned with establishing a sense of openness and direct dealing with student problems. I may not always be able to provide answers, but I will take seriously student complaints and concerns and will address them to the best of my ability." Thirdly, Newhouse said he wants "to maintain strong rela- tions with the alumni and reassure them that they're a valued and important part of the Law School community." Newhouse said a fourth goal of his is "to ensure that the school is attractive enough to ensure us getting the type of person we all want as dean." Newhouse said the biggest challenge for him thus far has been making sure the curriculum of thelaw school "is responsive to students' desires, as well as reflective of what we (the faculty) think their needs are." Miss Newell found out about the opening of the assistant deanship here in April, and was interviewed before the end of the spring semester. She remarks' that she was impressed with the interview process. between Steve Wickmark leaving and Aundra Newell beginning, Newell had to abandon her plan of learning everything that she could about the school and her job before starting work. Wickmark's absence during the summer, and the imminent opening of thefall semester made it necessary for Newell to "jump in feet first." She "tried not to come in with any set guidelines," and is instead simply spending some time "getting a handle on what's going on." The fact that there is no permanent dean does not bother her. Actually, Newell remarks, the situation at Aundra Newell Named Assistant Dean of Student Affairs by Krista Hughes Aundra Newell has been hired as the Law School's new Assistant Dean of Admissions and Student Affairs. The position had been vacant since Steve Wickmark's year-long term as Assistant Dean ended at the close of the 1986-87 school year. Wickmark was the temporary replacement for Vivian Garcia who, in November 1985, announced her resignation so that she could care for her newborn daughter. Newell is a Philadelphia native who earned her law degree in 1981 from Temple University School of Law. She attended Temple "with the intention of becoming affiliated with a law school" either in the capacity of faculty or administrator member. Prior to coming to Buffalo she spent some time at Marist College in Poughkeepsie. New York, where she taught Business Law and was Director of the Paralegal and Preprofessional programs. She received her bachelor's degree from Cheyney State University in Pennsylvania, after which she-Worked in a middle school as co-directorof an educational program. Newell's experience is evidence of her strong interest in both Education and Administration. continued on page II Assistant Dean Aundra Newell whereby she met and was questioned by students, faculty members and administrators. It is important that students get to know her: "since [her position as Assistant Dean] is going to impact directly on the students, they should be involved" in the screening and hiring process. Newell was invited back for two more interviews, the last one in early July, was subsequently hired, and then began working in August. Because therewas such a gap Inside ... Tutoring Service SBA Elections Editorial The Boy Mechanic Reasonable Man .-2 ..5 . 6 7 10 �Moynihan, Awards Mark 97th Commencement Exercises U.S. SenatorDaniel P. Moynihan was the speaker at the 97th annual Law School Commence- ment at the State University at Buffalo. The graduation program for the 225 candidates was conducted at 11 a.m. Sunday, May 18, at Baird Point on the shore of Lake LaSalle. Moynihan, the senior U.S. senator from New York, previously served as a member of the cabinet or sub-cabinet of Presidents Kennedy, Johnson, Nixonand Ford, thus becoming the only person in American history to serve in four successive Administrations. As a senator, he is a member of the Senate Finance Committee, the Senate Budget Committee and the Committee on Environment and Public Works. He also is a member of the official U.S. Senate observer group that monitors arms talks between the United States and Soviet Union. special Several student awards were presented at the graduation ceremony. Awards presented and the recipients: — Max Koren Award Matthew J. Fusco, Buffalo. John N. Bennett AchieveNancy E. Barshment Award ter, Williamsville. Dale S. Margulis Award Victor R. Siclari, Levittown. Homburger Adolf Law Alumni Association Award Yhomas J. Cassidy, Lockport. Judge Matthew J. Jasen Appellate PracticeAward —Angus E. Crane, Hazelton, Idaho. David Kochery Award Michael G. Whelan, Williamsville. LaidlawLaw Alumni Association Award Craig M. Atlas, Kenmore, and James A. Meserve, Rochester. Moot Evidence Award CatherineM. Ohl, Orchard Park. Judge William J. Regan Award Shari Jo , Reich, Amherst. — — — — — — Birzon Prize in Clinical Legal Studies JoAnn P. Harri, Dix Hills, Long Island. Robert J. Connelly Trail Technique Awards Margaret R. Burke, Buffalo; Thomas J. — — Cassidy, Lockport; Nancy D. Kreiker, Commack, Long Island; Kathleen A. Lynch, the Bronx; Gay B. Montante, KenMulterer, dall; Mark R. Amherst; Roy A. Mura, Buffalo; Gina M. Pica, Buffalo; Richard E. Rydelek, Gasport; Terry M. Richman, Pittsford; Jan M. Smolak, North Tonawanda; Kathleen A. a" Tenney, Eggertsville; Gayle L. Towne, Hamburg, and Candace K. Vogel, Williamsville. State and Local Government Awards Margaret C. Abate, — by Amy Sullivan — When Terry Gilbride, SBA Treasurer, was asked last -.. spring semester by Jack Luzier, rthe would compete in theLaw Review Competition, he replied, "I owe that much to myhas taught include Contracts, self to compete." He was then Debtor-Creditor Relations, Com asked by Luzier: "What if you make Law Review?" He then remercial Transactions, Bankplied, "I'll cross that bridge if I ruptcy Reorganization and Concome to it." Well, Gilbride did sumer Protection. She recently was elected to come to that bridge this sum- head the New York State Bar Association's Banking, Corporation and Business Law Section. The section, one of 15 substantive law units within the tor of Paralegal Programs at Marist College, Poughkeepsie. Both will be serving under Wade J. Newhouse, who recently was appointed dean. Girthreceived herlaw degree from Harvard University in 1962 and her bachelor's degree from Mount Holyoke College in 1959. Licensed to practice law in New York and New Jersey and before the U.S. Supreme Court, Girth is considered an authority in the field of bankruptcy law. She has served as a consultant on bankruptcy issues generally and on financial problems of local governments. She is the author of two books and the co-author of another. One of her books, published in 1981, is Bankruptcy Options for the Consumer Debtor. Girth attained the rank of full professor in 1979. Courses she Competition. The Opinion won an Honorable Mention in the Class B category (comprised of law schools with 700 or more students) for entire newspaper reporting over the year. The ever-popular cartoon mer when he was offered an associate position on Law Review. After several weeks of serious consideration, Gilbride decided thathe could not carry out the responsibilities of both positions along withthe timecommitment of a part-time job. It seems this situation wasn't contemplated by SBA when Associate Dean Marjorie Girth state association, monitors legislative proposals relating to its designated subjects and makes recommendations to the association's House of Delegates. editor-in-chief, won an Honorable Mention for hisfeature article on internal law school affairs. The article "L. Rev. Affirmative Action Plan Elicits Enthusiasm" also appeared in the March 26 issueof The Opinion. John H. Schlegel, a member of the UB Law School faculty since 1973, has been named by UB President Steven B. Sample to serve as associate dean of the Law School for a two-year period, effective immediately. Schlegel, who attained the rank of full professor in 1979, is no stranger to administrative duties in the Law School. He previously was named associate dean in 1982 and became acting dean last August to temporarily fill the vacancy created by the retirement of Thomas E. Headrick as dean. Headrick returned to teaching and other academic pursuits. Schlegel will be serving under newly appointed Dean Wade J. Newhouse, a 28-year veteran of the Law School. "On behalf of the university as a whole,"- Sample told Schlegel in a letter, "I want to thank you in advance for your willingness to undertake this important academic responsibility." 2 The Opinion they moved the elections to the spring semester. On one side, elections in the spring helps keep someone here in the summer fulfilling responsibilities. Yet it poses a problem because it puts one in theposition of not being able to make a choice completely. Gilbride assures us that he will carry out the duties of treasurer until there is a replacement. "It should be an orderly transition of power and I will be more than happy to help train the new Treasurer." SBA President Brett Gilbert was sorry to learn of the resignation of Terry Gilbride. "Out of the four executive board members, Terry spent the most timehere this summer." Gilbert pointed out that the position of the Treasurer is a very busy one. "It is a real nuts and bolts Opinion Staff 1985-86 September 17, 1986 Schlegel received his doctor of jurisprudence degree from the University of Chicago in 1967 and his bachelor's degree Associate Dean Schlegel — — — — Hamburg. — Scribes Award Ross P. Lanzafame, Rochester. Maurice Frey Award Laura Taylor, Rochester Legal Student Ethics Award Lisa Baron, Town of — Tonawanda. - — Law Faculty Award Scinta, Massapequa. — Art kind of job; there are a lotofUniversityprocedures that must be followed. There is also a need for good communication skills for this position." But the SBA election, being held on September 17-18is not only to fill the position ofTreasurer. There are six spots open in each class for SBA Directors. The Director's duties include going to SBA meetings, keeping one office hour per week so that students may come talk, and participating in various committees. Brett explained: "Generally they are a contact person for their class." He added, "I am pleased that first year students have been very enthusiastic, asking what they can do as a Director." There were 28 petitions taken for the eighteen positions available. Photo By Paul Hammond from Northwestern University in 1964. Before joining the UB Law School faculty as an assistant professor, Schlegel served from 1968 to 1973 as an attorney with the Legal Aid Society of Chicago in its Appellate and Test Case Division. In 1967-68, he was a teaching fellow at Stanford University. His academic research focuses mainly on American legal education and the so-called American Legal Realists of the 19205. In the classroom, his principal subjects are civil procedure, contracts and commercial law. Professional organizations with which he is associated include the American Society for Legal History, the Conference on Critical Legal Studies and the Law and Society Association. Tutoring Service To Begin by Jane M. Smith The Peer Tutoring Project, a student organized and operated tutoring service for law students, is preparing for its "REASONABLE MAN!," created by third-year student Michael Gelen, captured an Award for Excellence in the category of editorial cartoons on internal law school affairs. The award-winning cartoon, "The Buffalo Model Explained!" appeared in the March 26 issue of The Opinion. Paul W. Kullman, current . — — i-reaonia. Edith and David Goldstein Award Ann L. Patterson, Jamestown. Niagara Falls Bar Association Scholarship Award Christopher Smolka, North Tonawanda. Prentice-Hall Award Anne N. Baker, Buffalo. United States Law Week Award Gayle L. Towne, Schlegel Named Associate Dean The Opinion Lauded The Opinion captured three awards in the 1985-86 American Bar Association Law Student Division's Newspaper — *aren l. nassett, SBA Treasurer Resigns New Associate Dean The administrative staff of the UB Law School has been rounded out with the appointment of a second associate dean and the hiring of an assistant dean. Marjorie Girth, a Law School faculty membersince 1971,was named by UB President Steven B. Sample to serve as an associate dean for a two-year term, effective September 1. Hired to serve as assistant dean was Aundra C. Newell, who had been serving as direc- Pittsford; Marilyn J. Brown, Rochester; William P. Johnson, Rochester: Lisa McDougall, Buffalo, and Melinda R. Saran, Williamsville. of Barristers' Order Awards Howard J. Berman, South Setauket, Long Island; Angus E. Crane, Hazelton, Daly, William P. Idaho; Smithtown, Long Island; Rita B. Gylys, Manlius; Matthew P. Metz, Williamsville; Shari Jo Howard Amherst; Reich, Spierer, New York City; Kathleen A. Tenney, Eggertsville, and Laura B. Washington, East Islip, Long Island. Carlos C. Alden Award Stuart S. Mermelstein, Hollywood, Fla. Justice Philip Halpern Award first year. Recognizing the need for general tutoring services for my first year and upper class courses, the Student Bar Association chartered and funded the Project last Spring. The Project will operate as a referral service, connecting students seeking assistance with qualified tutors. Tutoring services will begin in mid-October and continue until finals. In addition, the Project will offer ses- sions for first year students on note-taking, and coping with the hysteria of finals. On Tuesday, September 23at 3:30 p.m., in the first floor lounge therewill be an information meeting for any upper class studentsinterested in volunteering as tutors. Upper class students who are unable to attend should leave their name, year, first year section, and mail box number in Box #799. Injet^ mation regarding tutorjflgsessions will be forthcoming. For further information, call Jane M. Smith at 836-1993. �DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER JOSEPH!ON tiKUiWER New Jersey New York Pennsylvania $i lU $1 bu 3>iou .. DISCOUNT ■ *- ■ BAR REVIEW COURSE Begins: Monday, September 8, 1986 Ends: Friday, November 14, 1986 Contact your Josephson/Kluwer campus representative or '.■] ' L JOiEPHiONWIiIIIWEII 10 East 21 st Street 1206-7 New York, NY 10010 ■ ©1986, Josephson/Kluwer Legal Educational Centers, Inc. S<^t6m'beH>; i&fr Thte"'6|sthioin; 3 �Awards UB Alumni Association Presents Three distinguished alumnus awards were presented by the UB Law Alumni Association at its 24th annual awards dinner on Friday, April 18, at the Hyatt Regency Hotel. Those honored included: Michael A. Telesca, U.S. judgefor theWestern New York District, who received an award for outstanding performance in the judiciary. Richard F. Griffin, senior partner in the Buffalo law firm of Moot & Sprague, who was cited for excellence in private practice. George M. Martin, executive vice president of Canisius College, who was cited for achievements in public service. "Each of our 1986 recipients is held in high esteem by their professional peers and in the Western New York community," said UB Law Alumni Associa*' tion President Leslie M. Green- baum. "They have brought honorand distinction to our law school and we are pleased to honor them for their outstanding contributions." The program began at 6 p.m. with cocktails, followed by dinner and the award presentations. A brief business meeting of the UB Law Alumni Association was scheduled for 5:30 p.m. For the first time, UB Law School reunions were held in conjunction with the dinner. Classes slated to meet were: 1926, 1936, 1946, 1956, 1961, 1966 and 1976. Co-chairmen for the event were Joseph G. Makowski and David E. Parker. Judge Telesca, who resides in Rochester, was appointed Ip. (Cv U.S. district judge by President Reagan in 1982. He received a bachelor of arts degree from the University of Rochester in 1952 and graduated from UB Law School in 1955. Judge Telesca served in the U.S. Marine Corps as an infantry platoon leader and staff legal officer, and was discharged as a first lieutenant in 1957. He was a partner in the Rochester law firm of Lamb, Webster, Walz, Telesca & Donovan for 16years, prior to his appointment to the federal court. He also was attorney for the Town of Gates, near Rochester, from 1966 through 1970, and served as Monroe County Surrogate Court judge from 1973 until 1982. He is a director of the Association for Mentally Retarded Persons in the Rochester area; serves on the Genesee Hospital board of governors and on the advisory board of the National Kidney Foundation, and is a trustee of the Monroe County Bar Association Foundation. He is a member of the Monroe County, New York Stateand American Bar Associations, the American Judicature Society and the Justinian Society of Jurists. Honoree Griffin is chairman of the litigation department of Moot & Sprague. He was graduated from Canisius College with a bachelor of arts degree in 1954 and from the UB Law School in 1957. Griffin is a past president of the National Association of Railroad Trial Counsel. He is presently vice president and a member of the executive corn- mittee of the New^Y°rK/state Bar Association. A former president of the Erie County Bar Association, he is currently chairman of its Public Interest Committee and Pro Bono Project. He is a member of the board of directors of Legal Services for the Elderly Project and is a fellow in the American College of Trial Lawyers. Martin was the first nonJesuit appointed to a vice presidency at Canisius College. After graduating from Canisius College in 1942 with a bachelor of science degree, he served for _, three years in Europe during World War II as a member of the 402nd Field Artillery Battal- At Hyatt ion, 42nd Infantry Division. Upon his return, he entered UB his Law School and law degree in 1949. receded Martin practiced law in Buffalo with George R. Blair, James J. White and others until 1967, when he was appointed administrative vice president of Canisius College. In 1969 he was named to his present post of executive vice president. In 1959, Martin was appointed Buffalo's commissioner of parks by Mayor Frank Sedita. He served as public administrator of Erie County from 1962 to 1966, and from 1967 to 1977was chairman of the Board of Assessors of the City of Buffalo. He is secretary of the Board of Trustees and a member of the Board of Regents of Canisius College; a memberof the Board ofTrustees and a past president of St. Joseph's Collegiate Institute; chairman of the Niagara Frontier State Park, Recreation and Historic Preservation Commission; chairman of the State Council of Parks, Recreation and Historic Preservation, and chairman of the state Natural Heritage Trust. Martin also serves as a director of Artpark & Company and the Buffalo Zoological Society. Is It Time To Double Student Activity Fee? by Jim Tierney the cost of student attendance at conferences and competitions, fund a yearbook, throw a good bash, equip a playroom Bar Association officers could take to initiate the programming and participation necessary to build a community in the law school and get the law school into the University. Currently, the student activity fee which law students have charged themselves is $40 per amounting to a total acyear tivity budget of approximately $35,000. This may seem like a lot, but it isn't. By comparison most SUNY student associations (through popular-student referendums) have a fee 2 1/2 times that amount. The reason for the increase is the tremendous educational, social and recreational activities that could be funded with that money. Why not bring in good speakers, hold film festivals, offset for the children of Law School students, and stop nickel and diming all ofthe organizations. The 'budget forum' last semester for the allocation of this year's student activity fee was a pathetic spectacle. Time and again people with energy and ideas were turned down by a Student Bar Association that had no choice due to the tiny Yes. Double the studentactivity fee. This is one of many steps the newly elected Student — budget. Funding these groups would also help remove one of the nuisances from Hall —the despised raffle ticket sellers. Instead of badgering us for money, it would be better to have the organizations pursuing their ingreatest O'Brian terests. While we're at it, why not working with the begin Graduate and Student Associations to break down our isolation from all that is happening "out there." By pooling our resources (and paying our way) we could have better programming, mix with people outside of the law school and take advantage of the economies of scale. Better yet, some collective political actionwould more effectively present our concerns to President Sample, the Board of Trustees and our selected representatives. Right now the SBA has trouble getting an appointment with the Provost. Of course, energy and intelligence can do much to betterthe "student life" here at the law school. And we would have to make sure that the new money generated by a fee increase did not go toward areas properly funded by the University I^-3 /Tyi /\V/\ I /^j\ \ integrated approach to the 9{tiv yorf^ (Bar *E?(am. We emphasize sophisticated memory techniques, essay writing skss and a concise, organizedpresentation of the (mo. you Wittbe prepared and confident, \ XI PIEPER NEW YORK MULTISTATE BAR REVIEW It fl/ J \j J ' Speaks For Itself. 90 WuZis Avenue, Mineoia, 9ty 11501 Telephone: (516) 747-4311- PIEPER REPS . BRIAN BOTNSTEIN MARIA LOTEMPIO JOHN ROWLEY I DORIS CARBONELL AMY MURPHY JOHN SIWEK I JUDITH KUBINIEC MARK POLLARD AMY SULLIVAN I V EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 ■nwQptnJop ■ 4 A RES IPSA LOQUITUR <=@^> Tftz !Pteper 9{ezv yorEstate - Mdtistate (Bar H(evietv offers an I /\\ J continued on page II September 17, 1986 M \(7 I J\J f\J\ V-^ I \X A\ (\) V —X\7 1 / �SBA ELECTIONS Second Year Director Candidates John J. Williams. J Second Year Director I am running for Second Year Director because I care about theLaw School. Last year I had the privilege and honor to serve our class on the SBA and would like to continue to do so. I think that this is the year for second year law students to get involved with the functioning of theLaw School. Last year we could usethe excuse that we had not been around long enough to get involved. This year we have no excuse; it is our turn to stand up and be counted because this year as well as next year, this is our Law school. We have to be concerned about what courses will be offeredand how much input we will have in their selection. As your class director I would try to make the SBA realize that if we are going to be an effective representative body for the students of this school, we have to gain more input into administrative decisions that affect course selections and the allocation of funds for the law school. The SBA has to fight for increased student power and do away with the "us" (students) v. "them" (administra- tion) and replace it with "we" (students & administration). As a Second Year Director I would also encourage students to come to the floor of the SBA to voice their problems and ideas. I would also try to formulate plans to increase funding for SBA clubs regardless of their ideologies. As I stated be- fore, I was a First Year Director which enabled me to understand how the school and the SBA work. I have an extensive background in school government and have the ambition to see thatthisLaw School strives for an H*. Vote for John J. WilliamsforSecond Year Director. Lois Liberman, , Second Year Director Hi I I'm Lois Liberman and if you don't know me already, I'm positive that you've heard me in the halls. Anyhow, I'm running for the position of SBA Director for the class of '88.1 have carefully my assessed schedule, so I feel confident about making such a time commitment. And that's what such a position entails, a time commitment! Last year the Student Bar Association accomplished a lot, yet many put in many hours of overtime while others sat back and did the bare minimum.I would like to see all those involved in SBA work as a team to get things done for the good of the student body. In order to do that, everyone who was elected by their peers must put in the amount of enthusiasm and dedication that was promised at election time. This is not the type of position to use as filler in one's resume. It won't guarantee you a great job, but a great job done in the position might just make this Law School a better place. Right now the SBA has three good things going for it, Brett, Karen and Jack. It is up to the first, second and third year classes to provide eighteen di-. rectors to help these executive board members make SBA reach its highest potential. I would like to work with these officers because I knowthat we could properly represent not just on faction of the Law School, but all of the law students. SBA is not just another "club," it's supposed to be a true representation of the total law student body. The SBA cannot truly represent the students without the necessary input. Voting for our class Directors does not release us from our obligations as law students to contribute a little something to this school. Such an obligation can easily be fulfilled by keeping up to datewith the needs of the school and relating them to our Directors. I realize that all law students are extremely busy, but I thinkeach of us can spare five minutes a week to gripe about something to one of our SBA Directors. I know that may be easier for some than others. Anyhow, make sure you vote and if you think that I could do a good job, vote for me, Lois Liberman, for SBA Director. Nancy Pringie, Second Year Director Many issues face the Law School community. I could easily state what I feel those issues to be but to do so would only be my ideas. In the past, my roles both as student leader in undergraduate and graduate school as well as my professional involvement as a college administrator have taught me that my ideas alone are ineffective in bringing about changes. The role of any representative, whether student or administrator, is to bring to the appro- Vgriate forum the ideasfrom the constituencies which they represent. Objectivity is vital to this role. As a person who has had the opportunity to sit on both sides of the table, as student and as administrator, I am well aware of the tensionsthat such a role can create. I believe that to be most effective in the role of representative it is important < not to listen only to the voices of those who share similiar views. This presents quite a challenge for those of us who hold strong views on certain issues. My past experiences both as student leader and college administrator have taught me valuablelessons in this regard. My desire to become a second year class director comes not from my need to have something for my resume but rather from an excitement that sees the potential to address, challenge and change some of the old "nagging problems" thatface the studentbody of this Law School. Most importantly I see a willingness to work toward these changes and to hear new ideas on both the parts of the SBA officers as well as the Law School Administration. First Year Director Candidates John Rogers, First Year Director In this, my personal statement for The Opinion, I would like to give you some background on myself and then move to a discussion of the issues facing law students and what I would work on if you elect me as one of the six first year SBA class Directors. my During undergraduate career I attended the University, of Maryland at College Park where I graduated this spring. Besides taking part in many extra-cirricular activities, I financed my undergraduate education by working between 25 and 30 hours a week. At the University of Maryland, I helped organize a student government compaign and was subsequently elected to the student government. During my tenure in this position I helped organize a "Take Back the Night" rally in response to an increase on campus in violence against women, worked towards increasing security lighting for the campus and pushed for student foot patrols. From 1981 until 19851worked at the University of Maryland Food Co-op, a cooperative student-run food store. In the course of my association with the Food Co-op I negotiated a five year lease for the Food Coop with the University of Maryland administration. The experience should prove helpful in working with our school's ad- ministration. In February of 1985,1 started workirig as the Administrative Coordinator of the City of Takoma Park's Housing Rehabilitation Program. In this program distributed low interest loans and grants to low I and moderate income homeowners in Takoma Park. I found this position rewarding be- cause I could work with, and help, people in a very concrete manner. My responsibilities included: interviewing all applicants and assessing their eligibility, presenting projects to the Loan Review Committeefor review and approval, preparing mortgages, conducting settlements, recording mortgages, administering contracts awardedundertheprogram, handling community relations and making reports to various government agencies regarding the program's activities. Some of the primary issues facing incoming law students include: 1) parking; 2) identifying and gaining access to University and community service; 3) late grades; 4) over subscribing of important second and third year courses; and 5) getting to know otherlaw students. To address these problems I propose to do serveral things. First, with respect to parking, join together with the developing student coalition angered by the parking situation to develop alternatives to the newly introduced faculty/staff parking plan which wiped out our lot (7A) and propose that theconstruction of new parking lots on the corner of Flint and Augspurger, with an aboveground extension to the Spine, be included in ÜB's budget request for the next fiscal year. Second, develop and obtain complete guides to UB and community services to be made available at the SBA office. With respect to issues threeand four, and in conjunction with ongoing SBA negotiations, work withthe administration and faculty to make sure that the course requirements of all law students are fully met. And finally, to promote greater interaction among law school students, I will propose the es- tablishment of a regular Friday afternoon happy hour to be held in the law school student lounge. ing. SO WHEN YOU VOTE, VOTE FOR THE PERSON YOU THE ISKNOW WILL SUES AND TOPICS YOU ®ANT TO BE HEARD. VOW FOR DIANA M. HARRIS. Kimi King, First Year Director "My God what have I done? You may ask yourself ..." Considering that none of usknows anything about each other, the easiest thing to do might be to check the first six names appearing on the ballot. However, uninformed choices might lead to inexperienced representatives. The SBA is responsible for the disbursement of your student activity fees to various student organizations. It may seem fairly straight forward but it can become a very involved task. I am very familiar with this process, having received my Master's of Public Administration in Finance/ Budgeting from Northeastern University (Boston). I worked forfour years at the University of Illinois in the student Accounts division disbursing budget funds to student organizations. TheSBA also acts as a liaison between the faculty, staff and students. It is easy for a student to feel "lost in the numbers." Employed at both Northeastern and Illinois as a Resident Director Assistant, my respon- . . In conclusion, if I am elected by you as one of the SBA class directors, I will pursue the agenda outlined above and, above all, promise to approach each issue before the SBA with an open mind, weigh each issue on its merits and vote my conscious without regard to any factions or cliques. . Diana M. Harris, First Year Director I am running for one of the six first year class Directors of the Student Bar Association. This position is a very important one and our class deserves to be represented by a very responsible person who is willing to work hard for those things our class needs done. I realize that it is hard to vote for someone you have not met or may not even know, but I assure that voting for me will give you an eager listener and responsive person. As an undergraduate, I found most student government representives to be very insensitive to my needs as a person and as a student. I decided to run for one of the Director spots to make sure that our class has a representative who is very responsive, accessible and hard working. As a woman, I realize that there are special interests and,needs that some are not of. I am aware of such aw^re problems and plan to make suotuthiTigß-aajssue and topic in many of the discussions I will be attending as a representative. Lastly, I would like to say that am I known to be a "Mover and/ a Groover"; that means that I get the job done on time and withall ofthe right people having been informed of its happen- PRESENT sibilities included: providing undergraduate and graduate students with information; ad- dressing complaints concerning the administration; referring students to various campus groups and programming student activities.As an elected member of both Universities' Residence Judicial Boards, I was involved with hearings concerning conflicts between students and the administration. Working as a Graduate Teaching Assistant for thePolitical Science Department at Northeastern, I developed class curriculumsand conducted faculty evaluations. Last, but not least, the SBA plans social activities. Aha! It is important that as first year students we get to know each other so we have others to lean on as we start to get frazzled. The only way is to plan activities that do not involve 10 pound books or hi-liners. I will act as your liaison and voice to the student government because your input and feedback as a group is what matters. I will not have all the answers. Like you, I am still trying to sort out Civil Procedure, which walkway leads to Capen and why I can't find a parking space. But, I will give it my best shot. Make the most of your vote; it happens "once in a lifetime ..." continued on page 8 THE PASSWORD: barf** 415 Seventh Avenue. Suite 62 New York. New V«k 10001 (212)59*36% (201) 623-3363 , / / Sd*jtembby-t7, 1986 The OpirHdii 5 �OPINION fitt STATE UNIVERSTTYOF NEW KDRK AT BUFFALOSCHOOL CF LAW Volume 27. No. 2 September 17,1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes NewsEditors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider PhotoEditor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Brett Gilbert, JackLuzier, Terry Gilbride, Karen Buckley. fe Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is thestudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those Editorial Board or Staff of The Opinion. The Opinion is of the a non-profit organization, thfrd-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Registration Woes Unnecessary Every fall law school students return to O'Brian only registrato be greeted by the same annual fiasco tion. The problems encountered this year only highlighted the flaws that are present in the system. Why do we all have to go through this? Isn't there a more rational process? — Ample credit should be given to Dean Newhouse for his concerned and conscientious resolution of this year's problem and to the faculty who have extended themselves and their classes to accommodate the seniors. However, this was a patchwork solution. Crisis intervention must give way to long term planning. The relevant figures are known in advance — how many students will be registering; how many faculty will be teaching; how large the classrooms are. If there are 550 students and they each take 4.5 classes you know, at the very least, how many spaces you need. It seems to be a simple arithmetic problem. In many cases the size of the demand for a class is also known. If 88 people get closed out of a class it seems reasonable to offer more than one section a year. While Dean Newhouse felt that the "crisis had to do with seniors" the plight of juniors should not be ignored. Must the juniors spend a year marking time, taking whatever they can manage to get, while they wait around to become seniors so^t^ey can get the courses they want? The inclusion of an exam period schedule arguably helps cut down the frenzy at registration time. This coupled with the inclusion of a tentative offering of the next semester's classes, both of which were omitted this year, could go a long way to alleviating future problems. Right To Privacy Denied In S. Ct. Homosexual Case by Brett Gilbert It is a strange feeling, I must say, to be told thatthe ways you express the most intimate and personal emotions of affection with another human.being are not protected by thefundamental legal document of your society. However, that is what the United States Supreme Court told tens of millions of Americans this past summer when it held, in Bowers v. Hardwick, that the U.S. Constitution does not guarantee a right to engage in private homosexual sexual activity. How gay men and women are to respond to such an assault upon their humanity is difficult to determine. In his majority opinion. Justice White denies freedom to gay people by arguing that there is no relationship between the rights of privacy which the Court had previously articulated (such as the right of married and single persons to use contraception, the right to an abortion, the right to marry a person of a differentrace, etc.) and the alleged right of homosexuals to physically express their lovefor one another. Some rationalize White's argument by maintaining that while previously articulated rights of privacy all concerned marriage and procreation. The physical love between two women or two men does not. However, the circularity here can readily be seen: the state forbids members of the same sex from marrying, then declares that any sex between them is not protected by a right to privacy because it has nothing to do with marriage. Equally, the decision to be physically intimate with a member of one's sex can be seen as a decision not to procreate. To put this last point another way, sterile heterosexuals who participate in intercourse are protected by rights of privacy even though sex with them cannot possibly result in conception. There are also those who support White's argument by denying the existence of a right to privacy within the Constitution, or by saying that even if there was such a right, it cer- With this in mind the faculty as a whole should concentrate its efforts to respond to this predicament. This is not justa "student" problem; it affects the tone and tenor of the institution as a whole. Applications are still being accepted for the fall sessions of the Graduate Tax Certificate Program at the State University at Buffalo. Sponsored by the Institutefor Tax Studies, a branch of the UB School of Management, the non-degree, graduate-level siveinstruction for accountants and attorneys who deal with complex tax issues. The program also serves as a springboard for persons interested in pursuing careers as professional tax advisors. The program, inaugurated in the spring of 1985, is believed to be the first graduate-level tax program in Western NewYork. All courses are taught over eight-week terms by highly practitioners qualified tax drawn mainly from the legal and accounting professions. The overall program offers 14 graduate-level courses relative 6 The Opinion September 17, 1986 ( of constitutional interpretation. To restrict the development of a society by the thoughts of a group of people who treated blacks as chattels, workers as oxen, and women as being beneath contempt is difficult to imagine. Plainly, a society should be governed by its own values and not by the stupid thoughts of people who have been dead for two hundred years. Having said that, we can still acknowledge a point which the original intentionists like to advance; that is, if a right is not explicitly mentioned in the Con- stitution, the case that such a right should be honored is more difficult to make than if the eight is so mentioned.The discussion of what kinds of rights to privacy lie within the penumbras of the Constitution appears endless because, as applied to the Hardwick case, the Constitution does not address the concept of love. Perhaps that is what's wrong here: the Constitution does not speak of some of the most important elements of being human. Most of us are aware of the kind of people who wrote our Constitution.They were, by and large, elderly, wealthy, white, straight men who did not have to worry about the basic necessities of life. Therefore, while the framers provided for the common defense, they said nothing about the need for food; although they spoke of thewrit of habeas corpus, they ware silent concerning the need for health care; the framers discussed treaties, taxes and nobility, but not a word about housing, education or the right to a decent wage. And since the men in 1776 could generally rely on a subordinate woman to spontaneously relieve their sexual needs, the framers had no motivation to consider the notion of the freedom to love. Considering the day-to-day needs of a twentieth century human being, or for that matter an eighteenth-century human being, the Constitution is a fundamentally flawed document. It appears, then, that the problem in Bowers v. Hardwick is not only the intellectual and moral incompetence of five members of the Court, but also a severe deficiency in our Constitution itself. The fundamental document of our society should include, or should at least mention thehuman needs for food, shelter, health care, work, and perhaps most importantly, love. Until that time when our Constitution mentions such things, our society, and hence our legal system, will be incomplete a mere procedural shell ready to be filled withsubstantive human rights. — So, what are lesbians, gay men and those who support their struggle to do? Well, we should all begin to understand the limitations of our Constitution and begin to formulate strategies to work around it. Changes in social attitudes are often more effective than changes in constitutional law when it comes to affecting the way people relate to one another. Homosexuals should begin to presuppose that they have rights, only then will society begin to honor them. What might people think if they regularly saw two men kissing on the street? The eyes of homophobes would probably bulge at first, but, with time, the sight of two homosexuals kissing would appear commonplace. Gay people must overcome their own homophobia and publicly assert the loveplay which goes on between people who care about each other, if for no other reas^m than to remind society qfjj>e/ social instability that is created when a large subculture remains outside the law.We must transform the "ancient roots" which Justice White cited to support decision in his Hardwick. With effort, someday the ancient roots which people talk about will concern the beginnings of a struggle for sexual liberation. Graduate Tax Certificate Program: Applications Are Still Being Accepted program provides comprehen- The Academic Policy and Planning committee needs to solicit student input for course offerings and pass this information on to the administration. Granted there are certain unique and novel courses which should continue to be offered lest we abandon the Buffalo Model and become just another law school. But the need and the demand for certain core courses remains constant and is relatively predictable. tainly would exclude homosexual activity because theframers of the Constitution never intended to make such activity legally legitimate. However, it is difficult to fully comprehend the "original intention" theory to personal and business taxa- tion. To receive certification, participants must satisfactorily complete at least nine of the 14 courses. Courses also may be taken individually. To qualifyfor acceptance, applicants must possess an undergraduate college degree and must have completed a basic tax course or received equivalent tax training. The courses being offered this fall are as follows: Term I (August 26 to October 16) Taxation of Partnerships and Partners; Corporate Tax I, — and Property Transactions It. Term II (October 27 to December 17) Executive Compensation, Pension and ProfitSharing Plans; Tax Research and Ethics, and Accounting Periods, Methods and Estimated Tax. Further information, including brochures, may be obtained by contacting the Institute for Tax Studies, 108 Jacobs Management Center, State University at Buffalo, Amherst, N.Y. 14260. The phone number is (716) 636-3202. — The Opinion letter to editor policy The Opinion encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omitted from publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit lettersand accept or reject them, on the basis of content or space. __A �The Boy Mechanic How ISpent My Summer Vacation by Kevin O'Shaughnessy I had my hands on Justice Rehnquist's scrawny neck.There was terror in his beady eyes and sweat was teeming from every pore. My grip on the Chief-Justic-to-be tightened, we both knew he was going to die.There was no doubt in either of our minds... "Key, wake upl" 'Oh nol A dream, this explained why Rehnquist was dressed in a baseball umpire's uniform... "Key, wake up we've got to go!" Rehnquist faded away. The facists had dodged a bullet. My chance to "restructure" theSu- preme Court had been denied. It was morning and I was in Galway, Ireland, clandestinely camping in someone's backyard. Justice Rehnquist was probably sleeping safely in some white suburban enclave outside of Washington D.C. (in a house with a deed probably chock full of interesting restictive covenants). I cursed my travel partner. Will Zickl, and explained thathe had prevented me from terminating Justice Rehnquist's miserable existence. Will pointed out that our glorious president would probably appoint Sandra Day O'Connor (a person who has unequivocally proven that women can be just as ignorant of the Bill of Rights as men) as the Chief Justice. Although it seems improbable, he might be able to find someone worse than William Rehnquist. These were hellish thoughts before breakfast... enough to make the strongest temperaments go fetal with dry heaves... I was far away from America and its march towards a police state. This was Ireland, an emerald of an island and a kidney stone of a political situation. No place to be haunted by American jurisprudential night mares. Ireland breeds its own Americans that other Amer- NIGHTLINE (although Irv and The first nightmare began with the flight to Ireland. Aer Lingus, which claims to be the official airline of Ireland, is actually the main transportation vehicle of a species known as the Human Tourist Vegetable (here after known as HTV). The distinguishing feature of the HTV in Ireland is the color green. Green is worn in a variety of grotesque forms everyday; green shoes, pants (or generally polyester slacks courtesy of Hager), sport coats, scarves, and eye shadow. Sadly, the most obnoxious HTV's are Americans. When in Ireland, they spend their evenings in sterile Irish hotels ("just like the Hilton back home"), gorging themselves at bogus "medieval banquets," and complaining about the lack of ice in their "screwdriver". After eating a massive, grease laden, breakfast, they pack themselves into tour buses. The rest of the day is spent listening to the tour guide's incessant chatter. It's moving television. Don't experience. Don't encounter. Just sit and watch. They're doing Ireland "first class." Its first class torture. These HTV's were the type of the Eyewitness News gang would dig through the blood and gore to find the "Western New York Connection"). Our flight did not become a forum for political expression and we arrived safely in Ireland. A few days later Will and I were situated in our rooms at Trinity College, Dublin. We had hocked our livesto study Irish Land Use Law courtesy of the University of San Diego Summer Law Program. If I ever visit the University of San Diego Law School, I will find the droolers thathandled theadministration of the program and put them out of their misery. It is obvious they are brain dead. Will and I were informed that we should arrive a week before the program started and that we should stay on campus because housing in Dublin was expensive and scarce. We were not told that our rooms would not beavailableuntilthe day before classes began and that summer housing in Dublin is cheap and . mer in a concentration camp a "good experience" if the pay was decent and there was a chance to move up. The people that made itbetter thana "good experience "were one of the finest collections of gamblers, heathens, and hell raisers ever to darken the gates of Trinity College. We treated the program like summer camp. After classes (Arts and Crafts), we played touch football after the lunch and basketball after dinner. Our evenings were filled with poker, pubs and Irish beerl Ah, Irish beer! Three pints of Guiness and the world is a much better place. The Old Milwaukee's I'm pounding noware icans like to see go far away for long periods of time, and then hope for a terrorist act. When we got on the plane, I realized ' that if terrorists didtake us hostage, we were doomed.We had far too many HTV's on board. The State Department would just write us off. Our deaths probably wouldn't make nightmares. .. . Kevin O'Shau&hnessy . scarcely a replacement. The Irish Land Use course helped me understand what happened to Dublin. Prior to 1960, Dublin was one of the beautiful cities of Europe. The city was brimming with 18th century architecture. In 1960, Dublin decided to get "modern". The Irish government encouraged foreign investment in Dublin and all hell broke loose. During this investment "boom," much of the 18th century architecture, which was commissioned by the Anglo-Irish aristocracy and therefore viewed by native Irish as symbols of oppression (even though they were built by native Irish craftsmen), was torn down to build "modern" office build- plentiful. Despite the administrative setbacks, the program • was worth the money. It was better than a "good experience." A law student would call a sum- ings. These "modern" buildings are noteworthy because experts have deemed them some of the worst examples of modern architecture ever. Many of the buildings are empty due to an office space glut. Ironically, many of the foreign investors were English. So the tearing down of the 18th century "symbols of English oppression" were replaced with 20th century symbols of English oppression courtesy of Irish ignorance and corruption. The whole depressing process is excellently chronicled by Dublin journalist Frank McDonald in his book. The Destruction of Dub- lin. Will and I spent the last ten days of our trip hitching along the western coast of Ireland. The beautiful landscapes were a sharp contrast from the overcrowded, garbage laden streets of Dublin.Western Irelandis the Ireland of postcards and Hollywood movies (i.e. JohnFord's classic. The Quiet Man starring John Wayne, was filmed here in 1940.) In order to fully appreciate the area's beauty, one should travel by foot or by bicycle. If you ever find yourself on a tour bus in Western Ireland, get out immediately. You are in danger of finding yourself in green clothes, eating a greasy Irish breakfast, and agreeing with Justice Rehnquist and the rest of the human tourist vegetables Now I am back in Buffalo. Ireland is just a memory. I spend my time searching for open . classes, buying over priced books, waiting for an over due financial aid check, and falling hopelessly behind in my reading. I guest it's all part of a "good experience." SBA State of the School Addresses spring exam period was over and then sent thank you letters to those professors who had submitted their grades in such a reasonable amount of time. If you see^any of the following instructorsjin the hallways, flash them a smile and tell them you SBA President Brett Gilbert Photo by Paul Hammond by Brett Gilbert, SBA President Well, I hope things are begin- ning to settle down for everyone so that we can start to organize and plan SBA activities and strategies that might lead to solutions to some of the problems in our Law School. Let me keep you all up to date on what went on this past summer when you folks were in exotic places earning lots of tuition money and I was in Buffalo squeezing $900 out of work-study. ITEM: LATE GRADES. Forthe benefit offirst year students, let me explain what the problem is here. You see, many law professors appear unaware of the professional responsibilities of faculty members and seem quite happy with themselves if they take up to a year to report the grades of students. I have been a teacher for a number of years now and I cannot tell you how embarrassed I would be as a professional if I took more than two weeks to report grades to a class. I waited two weeks after the appreciate their effort: Professors Berger, Carr, Del Cotto, Atleson, 'Newhouse, Mugel, Engel, Ewing, Zimmerman, Reis, Schlegel, Konesfsky and Freeman. (I apologize if I left anyone out.) I also waited about six weeks to see who had not yet turned in their grades and discovered that the following professors had not: Deitz, Spiegelman, Joyce, Binder, Lindgren, Kaplan, Spanogle, Meidenger, Halpern, and I'm sure one or two more. I'm not quite sure what you should say if you see any of these people in the hallways. My letter to these folks pointed out, among other things, that students are unlikely to take exams seriously (creating, perhaps. Family Law disasters) if professors do not show that they too are interested in the exams and grades of students. One faculty member informed me that late grades were not just a problem of a lack of teaching professionalism. This person said that some professors do not wish to help employers discriminate against students on the basis of grades grades which they feel do not mean a whole hell of a lot anyway. In other words, some professors believe that — students are better off if employers do not know what grade was received in a class than if they know you Q' d-out. (In a way, this is a perfect Buffalo Model kind of answer.) Can you imagine? We are all immersed in a system which depends upon a heirarchy of power (sex, race, religion, Law Review, MootCourt Board, SBA officers, etc.) in order to distribute jobs and money in the labor market and some professors think they are doing us a favor by withholding grades., Better they should democratize Law Review if they are so concerned about job discrimination. Anyway, we should have a unified course of action when fighting this problem. I think Dean Newhouse will be of great help to students if and when he attempts to enforce the 30 day grade reporting deadlinewhich is already on the books. This is going to be difficult —professors are not going to willingly give up the perk that gives them so long to report grades. Students should plan our strategy when the SBA Board of Directors is elected. ITEM: PARKING. This summer I received a letter from Mr. Robert Wagner, our Vice President for University Services, concerning a proposed new ticketing system for ÜB. As it stands now, the City of Buffalo and the Town of Amherst collect all of thefines from parking tickets. Wagner proposed a new system in which UB would . issue its own tickets, thus removing Buffalo and Amherst from the process, and collect all the parking fines itself. On the surface this sounds fine. However, Wagner proposed this new system in the summer when few students were around to/totrjment on it and he wanted to implement the new policy this fall. In my letter to Wagner I said I was upset at the timing of his plan and suggested that the implementation of the new system should be delayed so that all students would have the opportunity to comment on it. I also thought there should be some guarantee that faculty/ staff tickets would be treated the same as student tickets (in payment collection methods, etc.). I urge all law students to give Mr. Wagner a call at 636-2922 to offer him your thoughts on this issue. I don't know what to say about the faculty/staff parking lot fiasco. J was seriously considering going out with a can of spray paint and defacing the damn signs myself. (How 'bout it?) Perhaps we should hold picket lines at the entrance of the lots to see exactly which faculty members use them. Then, perhaps, subtle(and not so subtle) forms of persuasion could be used to get the faculty to lobby the central administration to restore the "law school lot" to its former status. What do you think?Let's get excited I ITEM: WORD PROCESSORS. I have been trying to track down the UB money which will, with a little luck, be used to equip the law library with word pro.- cessors. I tell you, thisis no easy task. Ms. Barbara yon Wahlde, the Director of University Libraries, is doing her best (I think) to pin things down, but she may need a little more encouragement. I will keep you informed as more news comes in. ITEM: PARTIES. As usual, the SBA can use everyone's suggestions on how to make our social calendar more enjoyable. I am particularly interested in holding parties at places where all law students feel comfortable. In the past, some SBA parties were at locations which would not usually cater to . - minomy^tudents. We must do a better job in choosing party places which cater to a more diverse clientele. ITEM: CLUB NIGHT. On Thursday, September 18, at 5 p.m. in the first floor lounge, the SBA and the '86 Orientation Committee will hold an informal gathering of law student groups so that we can all become aware of what kinds of organizations are out there. Come one, come all especially first year students.. Refreshments will be served. ITEM: SBA ELECTIONS. The elections for SBA Class Directors and SBA Treasurer are on September 17-18. Please vote in front of the library after read- — ing statements in The Opinion. We need a new Treasurer because Terry Gilbride is resigncontinued on page 9 September t7, 1986 The Opinion 7 �First Year Director Candidates Charles Fauta, First Year Director The upcoming SBA election is not so much a question of personal ambition as it is one regarding the active involvement of the first year class within theLaw School community. Studying law, especially for thefirst year student, should not be considered a vacuum apart from its surroundings. On the contrary, the desired effect of any legal education can be achieved only through the enthusiastic involvement and interaction of students within the law school. The election also serves to encourage people to become active in areas, where perhaps, they have never entered before. Such elections and the ensuing participation within organizations, serve to embolden students into accepting further commitments and respon- sibilities. Finally, the election marks a personal milestone. The first half of my undergraduate education was regretably characterized by a reluctance to expand my horizons through extracurricular activity. I simply spun myself into a cocoon. Fortunately, I came to the realization that books constitute only one part of education. Our legal studies, however exacting, must be complemented by some other activity. At the very least, I hope my running for the position of class director will encourage other students to actively partake in making our law some other activity. At the very least, I hope my running for the position of class director will encourage other students to actively partake in making our law school the finest possible. Raymond Benitez, First Year Director Hello. My name is Raymond Gerald Benitez, a recent graduate from the UB School of Management. I can honestly say that I am looking forward to being here at UB for another three years and especially here at the school of law. First, I would like to wish all first year students much luck and wisdom in their commencement of the study of law. Also, it is a privilege for me to have been given the opportunity, via your support, to run for one of the sixDirector positions available to us in the Student Bar Association. Secondly, I would like to state that my intention for running for office is not, like someone plausibly put it, "so that you may enhance the contents of your resume"; nor, is the purpose of my being here to boost my ego or any other such nonsense. But, as for my primary reason for running, it is my genuine interest in the rules and processes that govern our lives here in law school and its impacts on us, the students. Finally, I would like to share a piece of writing, (Peter Cohen, 1973; "The Gospel According to the Harvard Business School"), which will lead to my underlying reason for running for office. It reads like this: "And this is where the American society is at; it talksof competition as if it had never heard the word 'cooperation.' It refuses to see that too much pressure doesn't move people; it kills them. Instead, everybody pushes and pushes each other, and they call the other a lazy bastard, if one of them happens to break down." 8 The Opinion . .. I consider this to be a very relevant and very strong but simple piece of writing. It is imperative that we move closer to becoming more like, rather than unlike, so that we may nurture an atmosphere where different perspectives, feelings, ideas, and people may exist in a collectively exhaustive manner. This shall lead to higher standards and thus richer and more clever minds. I want to bring us together under one voice representing the very diffarent perspective evident by the very diversified group of students that we are: students varying with respect to color, race, religion, sex, and other such differentiating attributes. Thank you. Brenda M. Freedman, First Year Director In this brief statement I will endeavor to address some issues which have been brought to my attention through solicitation of upperclassmen, faculty and administrators and which will affect the next three years of our lives. The Law School has been without a permanent dean for two years. This is of great concern for although the problem has been temporarily ameliorated by the appointment of Mr. Newhouse, the lack of firm, consistent and long-range leadership inevitably leads to a decline in quality, as is apparent in our 20 point loss in the recent Gorman ratings. Concerned student participation in the selection progress is imperative. There is a need for wider course offerings and for greater emphasis on practical-oriented classes. Students have been closed out of many classes, so we must work to increaseeither the number of courses offered or class size. To obtain a sense of real-life lawyering, a possibility I would like to explore is a set of mini-seminars conducted by practicing attorneys. Late grades have been a problem. Steps must be taken to insure that students aren't waiting until fall to receive spring semester grades. Several clinical programs recently undergone have changes. In the past they were supervised by practicing attorneys which provided guidance in a practical vein. They are now supervised by faculty members which allows increased flexibility and availability. I would seek expansions in these programs, combining faculty and practicing barfacets so that we may benefit from both genres of expertise. It is not too early to concern ourselves with bar review courses. The projected cost for 1989 is $1000.00. The possibility of establishing a cooperative whereby courses are discounted 40-50 percent if a minimum number of students enroll should be investigated. Increased employment recruitment both in and out of state is always welcomed, and I wish to explore alternatives, possibly through our representative in the law student division of the young lawyers section of the NYSBA. Alleviation of the parking problem must also receive immediate joint attention from students and administrators. On the lighter side, I enjoy planning social events and PARTYING! The UB Law School is excellent. As a director of the SBAI can contribute to the creation of an even better school, September 17., 1986 • •••••• with your help and with your vote. Daniel W. Schenck, First Year Director Law School is tough. This holds true especially for thefirst years, which, as we have already seen, is replete with cases to be read and briefed, legal procedures and rules to be learned and evaluated. These and other cerebral exercises form the educationalcourse we are now beginning, a course of instruction that is designed to teach us to learn to "think the way lawyers do." This is an undertaking that places tremendous demands upon the students, the teachers, and, as this process takes place within an institution, the administration. The success and quality of our years here is principally dependent on the tone and nature of the interaction of these three groups. While the approach of many schools is for the administration, with some degree of input from the faculty, to decide upon school policy, the tradition at UB Law School is to give each of the groups as much of an equal voice as is practical. This gives us more power to determine the type of education we will receive than students at other law schools enjoy. It also means that the role of the UB Law School SBA representatives is of increased importance in creating a positive, comfortable setting in which to learn. It is in recognition of this responsibility that I would like to ask you for your vote in the upcoming election. In return, I promise to do my best to promote the interests of our class and of the individuals that comprise it and to keep the student side of the Law School triangle visible and effective. The first year is going to be hard: I want to help make it as easy for us as possible. Shelly Rice, First Year Director Peace of mind and a successful first year are my primary goals. As a first year SBA Director I will pursue the best interests of my fellow students. I expect my SBA contributionsto have a positive affect on the Law School environment. I relate well to, and am familiar with, the concerns of individuals of diverse ethnic, cultural, socio-economic, and religious backgrounds. I am a universal, open-minded candidate, who is open to direction and suggestion. I have held a variety of positions of responsibility. As Chairperson of the Women's Committee of theAmerican Association of University Women, I brought programs and speakers of interest to the members. As a Community Coordinator I presented the concerns of community members to public offi- Q. >~v,^ cial/politicians. VOTE SHELLEY RICE for FIRST YEAR SBA DIRECTOR. Derek Akiwumi, First Year Director My candidacy has been a result of the best wishes that I sincerely havefor everyone in this class. As a representative for the first year law students on the Student Bar Association, I intend to serve the interests of everyone in all class sections with an open mind and an open heart, and in the same manner, willI also give regard to the welfare of the various law school organizations. My first couple of weeks as law student have been a great experience, and I owe my gratitude to the caring and concerned upper classmen and to the warmth of friendship given to me by my fellow first year law students.The kindness that I have received will be returned during my term in office. My qualification for serving on the Student Bar Association is not based only on sincerity, but it is mostly attributed to my previous experience in serving others through many different capacities, including elective office, during my undergraduate years. For these reasons, sincerity and experience, I feel confident in my ability to perform efficiently in providing for the needs of the first year class, and for these reasons, may the first year law students lend me their confidence and support. Douglas Smith, First Year Director Hello. Frankly I had a tough time writing this personal statement to people I don't know personally. Living in Clinton Hall has enabled me to build some friendships already, but like the rest of you I still have to introduce myself to most of the people I see. So you see the dilemna: I wrote about three different copies of this statement which sounded like very good, boring, dry political speeches, but nothing that one could call a personal statement. Now I'll try to get "personal." I was on theexecutive council an undergraduate, a position which I'm sure is very comparable to being on SBA. I had a great time, both from the aspect of meeting new people and working together and from dedicating oneself to something one feels strongly about (in my case it's ensuring our continued happiness in Law School). Yes it's true, I'm selfish. I want to enjoy myself as much in Law School as I did an an undergraduate. But to me, enjoying myself means working hard so that we can all have a great time. After all, isn't that what we're here for? Thank I hope I can serve as one you of the Class of 1989's SBA direc- — tors. John Bonazzi, First Year Director As we embark upon our legal journey, take pause to consider just what that journey entails. Much has been said about the perils and hysteria called a legal education. Law School can be a frenzied environment with' much work and not enough opportunity to reflect on the meaning of it. It should be an exhilarating experience in which more than just the law is learned. The students themselves must see to this. The Directors, then, become crucial in continued from page 5. our campaign to determine our own fate. Among the things I would work for are a colloquium series, input into upper-level class issues, organizing social events, and, last but certainly not least, finding the sadistic psychotic responsible for the atrocious parking situation here. I have extensive experience in government and management. I have worked on public interest campaigns, a senate committee, human services organizations, and most recently for a major Boston law firm. I feel confident that my varied background is well-suited for the challenges that lay ahead. Previously, I had the privilege of matriculating in a doctoral program, only to resign one year later, disgusted with a program I saw as primarily rote and lacking in intellectual rigor. The students allowed thatsituation to happen. I am determined to not allow this to happen to our program. With your vote, I pledge to work unceasingly to ensure that it doesn't. Thank you. Salvatore Sanfillipo, First Year Director Hello classmatesl Soon we will be called on to elect SBA Directors for our class and we ought to consider the significance of this event. Our Directors will be liasions between us and our student government, theSBA. The SBA, which is funded in part by our money, sponsors academic and social events and provides a formal avenue for communicating with the law school faculty. The Directors discharge their duties by maintaining weekly office hours, attending monthly SBA meetings and any committee meetings, announcing events, and by giving a little extra energy to stay in tune with the concerns of their classmates. As first year law students, we may find precious few opportunities to provide feedback and to redress grievances within our environment despite the warm welcome we have received so far. I submit my name to you for consideration as a first year Director because I feel that I am capable of discharging the trust that the position entails. Outside of Law School, I have few demands on my time. Further, I am not adverse to innovation. As an undergraduate at the University of Rochester dissatisfied with the established social groups, I joined with several friends as charter members of a fraternity that has since been awarded for its general progress and work for charity. I would be honored to represent the concerns of our class in the SBA. Thank you for your consideration. continued on page 9 NEED RESUMES IN A HURRY? Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet Home Rd. between No.French & TonawandaCreek Rd.) (716)691-7480 Quality • Dependability • Fast Service • Moderate Prices �First Year Director Candidates Dan Devine, First Year Director It seems that everyday we show up for classes there is some new experience awaiting us or new obligation to fulfill, be it academic or personal. I have found that at times the atmosphere here can become hectic to say the least, and some things get lost in theshuffle. One thing that must not be lost is the importance of electing student directors who will be able to help you sort through all the things you need to do or want to do while here at law school. This view of the students directors as people there to help is the primary reason I have chosen to run. It seems like a simple job description, but one that realizes the importance of helping you enjoy both your academic and social life here at UB Law School. James G. Hayden, First Year Director I am running for first year class directorof the StudentBar Association. I believe that it is an important position. I seek thisoffice because it is an effective way to serve and improve the UB Law School. The SBA can bean excellent tool to make more services available to the students of the Law School, to make students more aware of existing servicesand to provide activities which promote a greater community spirit within the Law School. There are several activities which I would seek to organize for the students, particularly the first year students. This includes ensuring that the big brother/sister program is implemented as soon as possible. Another type of activity which I would promote is the organization of all year and all school parties to help thefirst year students find out more about the school and to help them get to know their classmates better. I also plan to work with the Career Development Office and theAlumniAssociation to bring guest lecturers to the Law School to speak to students about career opportunities in various fields. The time commitment required to bring these and other events about in SBA will be significant. I am willing to put forth the effort necessary to make this year a successful one for the SBA. I believe that I can do a great deal for you. Please give me the opportunity to work for you. Mark Narby, First Year Director Hello, how's it going? Studying hard? Are we all understanding everything we're reading in class? Hell, I'm not, but I haven't given-up, yet. My name is Mark Narby and I'm running for first year Director of the Student Bar Association. What is the SBA? Someonetold me they throw a lot of parties, which interested me right Addresses Gilbert continued from page 7 was accepted as a memberof theLaw Review and he does not think he can put the required time into both activities. Terry has done one hell of a job this past summer, clearing up year end financial problems, and I, for one, will be very sorry to see him go. Good luck, Terry, don't let them get you down. ITEM: COURSE OFFERINGS. The SBA Veep, Jack Luzier, is leading up the working group on course scheduling. I will leave it to him to explain what has been going on. So, that's it for now. I hope to make this column a regular feature in The Opinion so to keep you informed about what is going on behind the scenes. Please consider becoming a memberof a law school or SBA committee if you are interested in changing the way things get done around here. Look for notices describing the types of positions available. If you have never given a damn before, give it a go this time around. I assure you that your time will not be wasted. by Jack Luzier, SBA Vice President Welcome and welcome backl Although school is a lot of work, effort and responsibility, one thing that makes it better, at least here, is all the good friends. I'm writing this letter to let you know some of the things we will be working on in SBA that I will be coordinating. The course offerings, schedule, class sizes, etc. have been a major headache for mapy students this semester, especially seniors. There is a little known committee called the Academic Policy and Program Committee which supposedly should dealwith many of these concerns. However it has been essentially dormant in recent away! I said, "Hey I want to be part of that organization I" Well, I've found out that the SBA is more than just a social organization. It is a group of people concerned with making our three or four years of law school at UB the best possible experience that it can be. There's a number of different issues, such as the number of classes offered for a semester or late grading by professors that we have yet to encounter. Right now we are experiencing different problems, first year problems. A lot of us do not know each other and many of us are in Buffalo (home of Jim Kelly) for the first time. These are legitimate concerns and we must address them. As an SBA member, I would make your concerns my con- continued from page 8 cerns! I would work together with you to overcome whatever problems we might face and to make this year the best it can be. Let me work with you to make OUR first year the best possible experience for all of us! Please vote for me, Mark Narby, for first year Director of SBA. Thanks and GOOD LUCK!!! Treasurer Candidates by Vicki Argento, Treasurer My name is Vicki Argento. Last spring I ran for SBA President. I ran for president because I believed that being president was the best way for me to work for the students of this law school. Although I was not elected, I remain very interested in being involved in the SBA. I had planned on running for third year director this year until it was brought to my attention that Terry Gilbride had resigned as SBA Treasurer due to other commitments. I believe that I am the best person to fill this position. I served as the Treasurer of the Association ofWomen Law Students last year. I was also a Second Year Director of the SBA. For three years while an undergraduate I worked as a part-time bookkeeper. My past experience and my capacity to work with others will serve me well if I am elected Treasurer. As a past member of the SBA I am fully aware of the great time commitment the office of Treasurer entails. I stand ready to devote as much time as is necessary to get the job done. Jean-Claude F. Dugue, Treasurer TheTreasurer's position is an integral part of an organization and it requires an individual to be qualified and dedicated to the position. The position also requires one to be assertive, flexible, and understanding to the situations that will arise. I am interested in the position because I sincerely feel that I possess these qualities. In college I took part in many organizations various in capacities. Regardless of my role in an organization either as a leader or as a member, I dedicated myself to the improvement of that organization. I don't think that one has to be an executing member in order to improve an organization, but on the other hand a leader has to be responsible for the improvement of that organization. Anytime one is elected by his peers, one has to be responsi- ble for the burdens that come with the honor. I am ready to assume my responsibilities as Treasurer of the Student Bar Association. I am enthusiastic about the position and more than willing to work with theothermembers presently on the SBA. I have had prior experience as Treasurer in my undergraduate career. I am committed to making the StudentBar Association a more accessible organization to law students as well as the other groups on the UB Campus. We have to strive to make the SBA not just a law student's organization, but a student organization that will show its concerns about the many problems that face all of us on this campus. continued from page 7 lations for future executive and director elections. After the new ing. Terry board is in place we will form an ad hoc committee to work on this issue. Any input, support and assistance will be greatly appreciated. SBA V.P. Jack Luzier Photo By Paul Hammond years. That hibernation is about to end. We have three representatives on this committee who will be appointed after the board is in place. I will help coordinate input and policy from the student's end as soon as things get rolling and Brett and I will keep in contact with those in power as we have already been doing. On the brighter side of this issue, Dean Newhouse has been very receptive to our ideas and was a great help in getting Seniors into the courses they need. The SBA executive Board has been concerned about the lack ofcommunication between and among the various law student organizations. To help withthis problem, there will be a meeting Wednesday, Sept. 17 at 5 p.m. in the first floor lounge for representatives from each law school organization which receives SBA funding. The executive board will discuss various policies and practices weare instituting. If you're a member of a group or are interested, stop by. I will be acting as liaison from SBA to the organization. When it comes time for the budget hearings, that communication withSBA will help. I will also be drafting proposed election rules and regu- This year the SBA Executives and Directors will be holding regular, scheduled officehours. Each Director will be expected to be in the office (room 101) one hour each week and the executives will be in the office at least two hours per week. The days and times will be posted on the office door after the board of directors is in place. If you have complaints, ideas, information or just want to talk you know where to find us. One final point. It is easy to complain. It is much harder to commit to effort toward change. But, if we don't make the effort, give the time, commit, we have no one to blame but ourselves. We can make a difference but only if we get off our behinds! Have a great year! by Terry Gilbride, SBA Treasurer While our financial disbursement system is essentially the same as it was last year, there are several rather important everyone which changes should be aware of. First of all, last year's SBA Board of Directors attached a condition to all SBA funds which prevents organizations from making line changes without Board approval. Thus, if you are planning on using any of your budgeted funds for items not contemplated by the budget line title, you must have prior Board approval or I cannot process your voucher. The most important change of the year, however, involves photocopying. Last year, all but four law school organizations photocopied substantially in excess of their duplicating budgets. As the parent organization, SBAwas forced to honor these debts (some cost overruns were as high as $100) Accordingly, all law school organizations no longer have access to the main copier on the third by Karen Buckley, SBA Secretary Hopefully you've all squeezed into a parking space, DebtorCreditor ahd your lockers by the time this gets printed. Despite all the hassles of thefirst weeks of the semester, It should prove to be a good year,and the members of the Executive Board of the SBA will dotheir best to see that it is. However, we do need your help. For my part, I'll try to see that everyone is informed of SBA events and projects by submit- ting the meeting minutes to The Opinion for everyone to read SBA Treasurer Terry Gilbride Photo By Paul Hammond floor. Instead, each group will receive a vend-a-cardfor use on the library's copiers (These cards will be distributed in the next week or two). Moreover, photocopying 20 or more copies of the same document is no longer allowed. These items must now be brought to the law school offset room on the fifth floor. While these measures may impose some inconvenience on your organization, it is the only way we can insure that the budget constraints set forth by the SBA are being respected. Finally, about vouchers there is a right and a wrong way to fill them out. I can safely say that if you try to do them on your own you will probably do it wrong and I will just have to do it over again (thereby delaying your request for funds). To make matters flow more smoothly, just drop a note in my box (397) or stop in to the SBA Office (101 O'Brian) and I'll be more than happy to show you the correct way to request — money from Sub Board. SBA Secretary Karen Buckley Photo By Paul Hammond during low points in class. Also, calendars will be posted in the mailroom and on the door of the first floor lounge which will be used to schedule meetings, happenings and gatherings sponsored by the various law school groups. Finally, I am available to receive questions, ideas, complaints and comments on what the students would like to see accomplished this year, so feel free to stop and talk to me or drop a note in my mailbox. Good luck during the semester. I hope I get a chance to work with many of you to make the year exciting, fun-filledand productive. September 17,1886 The Opinion 9 �Guide For Great Sundays: The Bills And Beer by Kevin O'Shaughnessy ated themselves Saturday night and are far too hung over to fully participate in the orgy of eating and drinking that is a football game. The caravan should arrive at the stadium at least four hours before game time. (Football Fan Etiquette: All passengers should pay the $3.00 parking fee in appreciation of the hung over driver's herculean effort.) All traffic hassles are avoided by arriving early and your enjoy the carnival like atmosphere that pervades Rich Stadium parking lots prior to kick off. After arriving, the grill should be set up immediately! The grill serves a dual purpose: cooking and heating (besides everybody loves a good fire). The cooler should be. opened and severely iced bottles of beer (hair of the dog) must be distributed to all members of the caravan. Genesee Beer (not the bowls. I recommend eating heartily before entering the stadium. Rich Stadium food prices are reminiscent of food prices during the incredible inflation accompanying the fall of the Wiemer Republic in post World War I Germany. A small box of popcorn is $2.50. Glasses of ale a.k.a. The Green Death or Screamers) is the traditional favorite and should be present at all times. The only adequate substitutes are Rolling Rock or Iron City Beer. No true Bills fan drinks wine coolers. They are The 1986 Buffalo Bills were observed in action against the NewYork Jets last Sunday. It is this learned prognosticator's opinion that they will win at^ leastfive gamesthis year. More importantly, they are exciting to watch. The Buffalo Bills have had championship teams (1964 and 1965) and one of the greatest running backs ever, (if you don't know who you probably stopped reading this article after the first paragraph). They have never had a great quarterI don't like back (sorry, Jack your politics either). They may have one now. If you followthis article carefully, you will have a great time watching him try to fulfill his potential. beer are $2.00 and $3.00. The mark up is incredible and the message is clear: Party in the parking lot. After feasting, take a walk around. The parking lot is loaded with interesting parties, people and the occasional pagan ritual. Frisbees, footballs, and stereo systems fill the air. Make sure you keep track of the time so you don't miss the kick off. Before entering the stadium, make sure you have left enough beer and food for the post game warm down party. This party is essential to avoiding traffic hassles. Make sure you're in no hurry to leave the parking lotfor several hours after the game. neither wine nor cool. Hard liquor is to be saved until the coldest days of November and December; and even then only in moderation. Remember: you're winding down the weekend. A drinking equilibrium is to be maintained. Y6u have come to be a part of a festival of football, not to be intimate with the stadium toilet group has plenty of time to The best way to see a Buffalo Bills home game is to pack as many friends as possible into several cars andform a caravan to Rich Stadium. The designated drivers should be those unfortunate souls who obliter- ... More TAP Funds Made Available by State Larger Tuition Assistance Program awards are now available to a wider range of students, as a result of legislation signed July 17 by Governor Mario M. Cuomo. According to Dr. Dolores E. Cross, President of the New York State Higher Education Services Corporation, the legislation (Chapters 284 and 286 of the Laws of 1986), increases the size of TAP grants to both undergraduate and graduate students, and extends undergraduate TAP eligibility to students whose family income is as high as $32,000. "As many as 11 thousand additional students may now qualify for TAP grants as a result of the expanded eligibility provisions," said Dr. Cross. Over 200,000 students will receive increased awards. Any student who believes he may now be eligible should apply as soon as possible. The measure creates new awards payment schedules which will provide New York and additional $46 million in TAP grant money. The total State grant and scholarship budget is now $460 million, a figure which reflects a 9 percent increase over last year's aid level. The income ceilings for eligibility for the TAP Program have been under- graduate students. Dependent students or independent stu- dents who are married or have The Buffalo Public Interest Program will be having its first meeing on Monday. September 22 at 3:30 p.m. in its office (room 10 in the basement, two doors down from the jury room). Everyone who is interested in becoming part of BPILP is encouraged to attend. If you are unable to attend, please . Association 1 THE PASSWORD: 1 , I \ . I \ I 10 be held there. — \J\Jm/ /rVB r-^d \ \\_^ %B £> \ M^J I ——— ) \\ \\ \\ J/ iM\t // // TW^f \O /j6? I The Opinion September I?,' 1986 I // / / _ " At* attention all 2nd A 9 •« « 3rd year studentsThe first oraan tf)e / I i at 5 i 1/ / / ■ «—~"^ "«•Ywk10001 *•* (23-336) (21J) 594-J696 (201) in P°*«P th? ZV'!**" competition is atina urageef to - attend. "You are unable t« to atte"d or have any ques / t~ r-i mr! UOLp EVEMTW(,! IT'S TIME FOR ANOTHER. 7 "REASONABLEMAN" POP JL, QUd! TOPAV'S MtsnoH: WHAT'S TMP&U- WITH j WILLIAM REHNaWST'S /%'[ jf WHEN ASKEP iKkjT\tr\mS /A? tuc Iadmit THE rckicci^ ABOUT GENESIS /1B«( X*• Vl\ OF HIS BIZARRE. \m \( COIF, TUB WOULV-8E }J cajpm / / rune TO '^Cv m FORn, ir *£ v C.J.,TKUb -4 X REPLIED,«I PON'T \ 1 4 Z MarB°f Jf . r"' / // / / // i , A I <-'^'lv I ' STILL RECOVERING. I FROM SSw IUFvicTIMnF R *Ht-VlLllMUt A A TPALir IKAbIC °- MiIMMM) ROATINr ArLHILUHWD BOATING ACL, 1 \ igurp , I IS REHNQUIST WHimSSuZEXm- I A , 1 jA LJ jL Julie 6 80x#576 B»»«7 'Box #861 4%^ R£M£HBe*-" p.^ RjI**" ■ In°X*6°' 1 ■ sft/dem s 'ears «) I —r - °"«Board wi// be e'° on W«fnesda II ===——— ~™ /pM M \V wfWWf i\ V/l «Lx^ wiiSivX V^T "^^P>\#Ov \ fcien'"nS ■ WI" ai&" ./ I rtv p 7Ifr^t^^—^^^W/ // $5,000. QtudeHtS aVV men i/i/ o » a PW» ?*™ 22, 31 » X 3eM lc . OLir,ge Monday, ConterTlber » Faculty LU" r oO h F sth OH, TAD! ARE YOU TRYING TO TELL ME THKT YOU'RE...YOU'RE -. A... A FEDERALIST-!! . OTf 'ne^ I —I (< fiT\ action," Dr. Cross said. "HESC will recalculate the awards and notify the student of any aid increases, in accordance with the new schedules." The New York State Higher Education Services Corporation is the State Government agency which provides financial aid to eligible students in the form of grants and scholarships, and through the guarantee of loans, for full and parttime study in colleges and approved business and vocational schools within NewYork State. . '•—' announces P" leave your name and box n«mber in box 434. BPILP will keep you posted on fu- II "Students who have already applied for a 1986-87 TAP award need not take any further Bulletin Board __^ ture events. increased for For independent students, the maximum award is increased to $2,000 at degreegranting and not-for-profit institutions. The maximum annual award for these students at non-degree proprietary institutions remains at $1,800 For graduate students, the maximum annual award has been doubled to $1,200. The legislation has also expanded the income brackets within which low income students qualify for a maximum award. For example, dependent undergraduate students whose total family income is less than $6,500 can now receive a maximum TAP award. Previously, the cut-off point was tax dependents are now eligible for an award if total family income is less than $32,000, up from $29,000. The income ceiling for independent students who are single and have no tax dependents has been increased to $10,000 from the previous limit of $5,666. The minimumaward for eligible undergraduate students is now $350 per year. Maximum annual awards have been raised to $2,850 or tuition whichever is less at degreegranting and not-for-profit institutions. At non-degree proinstitutions, prietary the maximum award remains at $2,200 or tuition, whichever is less. caw,)jI nUNtY or wicr bf\viNb moufv LET' TIN6MARSHALL TUT UlSullß D OTHER '^ '' . { I ' I �Newell continued from page I Mapst College was "much more fragmented" than the situation at ÜB. She is quite happy with the present leadership, and is pleased to be working with Wade Newhouse, the current temporary dean. The duties of the Assistant Dean are many and varied, and Newell has already formulated - some plans with respect to these duties. "Things are not stagnant here," and this quality seems to please her. Regarding her position as director of the Legal Methods program, Newell predicts "there will be some changes" in the program itself, and students will be "actively involved" in deciding upon and. implementing any changes that will be made. The job description forAssistant Dean was very specific with regard to qualifications. It indicated that "candidates must have a J.D. degree (preferred) or an M.A./M.S. in an appropriate field." It required J.D. holders to have "at least two . years' experience in a legal and/ or administrative capacity," and any candidate had to\be "self-directed in their work and problem-solbe practical vers.. [and] enjoy working with students, faculty, and fellow staff members." And because the person who occupies the office of Assistant Dean is The Opinion schedule for the 1986 Fall Semester is as follows: often called upon to play the part of guidance counselor, there is an inherent. need for someone who is accessible, personable, easy to talk to, and willing to listen to students' complaints, problems and ideas. Aundra Newell fills the bill quite well. National Lawyer's Guild will hold itsfirst meeting on September 22 at 4 p.m. The room number will be announced later. Watch for postings. ISSUE DEADLINE* LAYOUT** 27:3 Mon.,Sept.22 M0n.,0ct.6 Thurs. Sept. 25 Thur.,Oct.9 Wed., Oct. 1 27:4 27:5 27=6 27^7 27:8 NationalLawyer's Guild Steering Committee PUBLICATION Wed., Oct. 15 Mon., Oct. 20 Thur.,Oct.23 Wed., Oct. 29 Mon., Nov. 3 Thur.,Nov.6 Wed., Nov. 26 Mon., Nov. 17 Thur., Nov. 20 Wed., 26 Mon., Nov. 24 Sun., Nov.30/ Fri.,Dec.s THE PASSWORD: hcirhn •Deadline is 12:00 noon. ••Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room; 724 O'Brian Hall. Gumby Says .... Avenue. Sake 62 New York. New Vwfc 10001 (112) J94-3696 (201) 62MX3 41$ Seventh Registration s —^""^—^W Don't be a continued from page I for making sure there are enough classes to accommodate all the students. There is a committee in place to advise the dean, the Academic Policy and Program Committee. However, it is concerned only with the structure of the general curriculum, not with the questions of class size. Newhouse wouldn't comment about plans for next semester. "My point was to get this semester going." However, "obviously the second step is to use the experience this time to try to avoid this in thefuture. That is essential," said New- house. Activity Fee . continued from page 4 budget. Concerns about the financially strapped students could be alieviated by a provision for fee waivers. Many other SUNY student associations do this with little abuse. Raise the fee. It is a small price to pay for a better education. — _ R E o II _ M WHEN: THURSDAY, SEPT. 18 AT 3:30 PM WHERE:iO'BRIAN HALL ROOM 724 V' BEER/PIZZA/POP S • PROFESSIONAL TYPESETTING 'OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING • • MANY • DIFFERENT ' TYPESTYLES & PAPERS •RESUME SAMPLES AVAILABLE WE ABE RESUME PfUNTINQ SPECIALISTS! CALL US Oft VISIT US FOR A QUOTATION TODAYI 3171 Main Street Q^^^NNir Nla Fads Blvd. NY IniViSjP) . 834-7046 1676 Tonawanda, September 17,1986 The Opinion 11 �■■i BAR/BRI ■■ ■■■■■ IS THE poi ipqp vni i I 881 SWEAR BY :S$:::::::::::::::::::::::%¥::::>^^ &?:&v:5:?&::::^ 1 NOT AT. BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • S&k::;^ t-i j IC\/*3nffSl^f\M (OXC////K JM m m I m&&?ffi&%^ffi^M%s^ W^^^^M^X^ *:ftS:??Sss^w^i^^::^^ i^l^fc^i^S^^^ lill^^^ii^^ Ais^§-:^:^^^i^^^^:^^^ '^^^^f^^^^^^MM^^^^^ :^§§:::§§:j§j:^^^^^§^^^^^ 12 The Opinion September 17,1986 1987 Bonnie L Mettica Sam Spiritos Tammy Gordon Nancy DeCarlo Keitn Fabi Bernetta A. Bourcy Karen Buckley Karen Grasberger Robin Chekla PaulKarp Katie Keib ay Kennigsberg Jay Lippman Steve Ricca ■ J Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Sha Pro Leslie Schuman Eric Snyder LarrV Spiccasi "88 Josh Rosenbloom John J. Williams Susan Gigacz Dana Young Melanie M. Collins Lisa L Strain James M. Tierney Shart Berlonitz Cora Alsante Ramon Perez Nancy P. Steiger Steve Balmer 1987 Bill Zickl Mary Comerford Marcy Cohen Mary Ellen Gunison � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-09-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/17/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:55:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3cb209044835bbe60815337da6ad7b6d.pdf 0e74043dcb109771d0de95034b8cebac PDF Text Text Law School Centennial to Be Celebrated Next Fall by Susan Clerc Celebration of the UB Law School's centennial will begin next September, according to Law School Associate Dean Alan Carrel. The school turns through next summer. "We purposely decided not to celebrate ours at the same time," says Carrel, who is also a member of the Steering Com- mittee appointed to plan the Law School Centennial Exhibit. 100 this coming May, but festivities are being postponed because the Erie County Bar Association is also marking its 100th year and their celebration is expected to lastfrom this fall school's centennial bash. Among the projects planned by the Steering Committee are a directory, a history of theLaw School, and a series of events. Although the Law School and the Bar share a birthday, Carrel saysthat an exhibit currently on display at Erie County Hall is "the only joint project" of the two institutions. The exhibit, dedicated September 11, chronicles the development of the legal profession in Western New York with photographs and documents. After a month or two at County Hall, it will take off on a road trip, stopping at the Statler, some local banks, and eventually, O'Brian Hall. The schedule hasn't been finalized however, according to the Bar Association, and its arrivaldate on campus is unknown. The directory is "expected to be out in the fall of '87" listing alumni of the Law School in four different categories, said Carrel. "The name listing will be in alphabetical order; then there'll be another list by class, and another list by geographical area, and [a list by] areas of practice." Carrel feels that the directory is long overdue. "There was a time not that long ago when almost all the alumni lived in Buffalo, but the Law School has changed dramatically in structure and nature in the last 10-15years. Half of our alumni have graduated in the last 11 years [and now work] in a wider geographic area. There's a lot more needfor this kind of thing now than ever before." Judge Thomas P. Flaherty is chairing the subcommittee responsible for a history of the school slated for completion next fall. A history was published for the 75th anniversary and the author, Gilbert J, Pederson, will be helping with the revised edition. The subcommittee's goal, says Carrel, "is to raise enough money to publish 6500 copies and send one free to every alumni, and give one free to every student in the Law School." But if the funds aren't forthcoming, expect to buy one. The history will include a ''listing by class of every person who ever graduated from" the Law School, a list of former deans, faculty past and present, and all the current students up to this year's first year class." Special events for the centennial are "still in the early planning stages," but Linda Nenni, who is in charge of arrangements, expects there to be a weekend- for alumni next fall. Among the proposed activities are some kind of academic event followed by a cocktail reception, a key speaker, brunch, seminars and probably a dinner. A gathering of former deans is another possibility under discussion. Nenni is also hoping, to hold other events throughout the academic year "keyed to existing events like the annual alumni convocation" and commencement. Members of the Steering Committee are: Honorary Chairman Edwin F. Jaeckle; Chairwoman Margaret Lillis Snajczuk; James Arnone; Terrence F. Barnes; Harold J. Brand, Jr.; Alan S. Carrel; Douglas S. Coppola; Louis A. Del Cotto; Hon. M. Dolores Denman; Hon. Charles S. Desmond; Mark G. Farrell; Hon. Thomas P. Flaherty; Christopher T. Greene; Thomas E. Headrick; AndrewC. Hilton, Jr.; Barbara Howe; Jacob D. Hyman; Erma Jaeckle; Hon. Matthew J. Jasen; M. Robert Koren; Philip H. Magner: Diane J. McMahon; Robert I. Millonzi; Linda J. Nenni; Wade J. Newhouse; Sandra S. O'Loughlin; Daniel T. Roach; Robert C. Schaus; John H. Schlegel; Rose H. Sconiers; Paul C. Weaver; Catherine T. Wettlaufer; and Sharon L. Wick. THE OPINION Volume 27, No. 3 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 1, 1988 Dean Search Saga Continues; Reformed Committee to Start Anew; Expects "Prompt Acquisition" of Dean by Krista Hughes Five law professors and two first-year students will be among the members of the newly re-formed Dean Search Committee-. UB Law School was without a full-time dean until July 1 when Wade J. Newhouse was named to the position. Newhouse stipulated, however, that his tenure would not go beyond two years. Thus far, the two-year search for a permanent dean has been frustrating and fruitless, but apparently the University Administration is hoping that a fresh start with an entirely new committee will result in the prompt acquisition of a dean for the Law School. Although the Provost's office has yet to reveal the names of all of the Dean Search Committee members, itis clear thatthe head of last year's Committee, School of Management Dean Joseph Alluto, will not be returning. It is more than likely that the position will be filled by the dean of one of the other schools within ÜB, as it is customary for the University to include in any such search a prominent member from outside ofthe curriculum involved. There are five positions on the Committeefor Law School members, three of whom have already been announced. Those three are former dean Thomas Headrick, and professors Lee Albert and Barry Boyer. The faculty had submitted a list of nominees for the committee positions to the University Provost's office, and it was exclusively by that office's discretion that the faculty members were chosen. However, this year the Committee is to include two students, rather than one as in the past, and it would be almost-impossible for the same procedure to be followed. Therefore,. the Provost's office enlisteathe faculty aid of the Student Bar Association.Central administration had indicated that it would probably prefer studentsfrom outside of SBA, so applications were solicited and twelvestudents were interviewed by the SBA Executive Board. The students cho- SBA Treasurer and Directors Named by Amy Sullivan Only 40 percent of the total student body voted in the SBA elections which were held on September 17-18.While 60 percent of thefirst year class voted, Newly elected Treasurer Vicki Argento. only a third of each of the sec- ond and third year classes par- ticipated. The Class of 1989 not only had the highest turn out for voting, but also had enough candi- dates to fill the positions for SBA directors. The new first year directors include: Derek Akiwumi, Ray Benetiz, Brenda Freedman, Diana Harris, Kimi King, and Shelley Rice. There were two votes separating the sixth and seventh candidates, bringing fear of a tie. According to SBA President Brett Gilbert, "The sixteen candidates were all so energetic and competent, yet only six got it." The second year class had five petitions for the six positions available. They included: Lois Liberman, Barbara Mc- Lean, Nancy Pringle, Nancy" Steiger, and John Williams. Sharri Berlowitz became the sixth director, with three writein votes. The senior class had three candidates on its ballot as well as three active write-ins. Candidates on the ballot included: Kate Barth, Larry Basel, and Andy Winston. The three active write-ins to take the positions were Julie Bargnesi, Paul Karp, and Tammy Gordon. SBA's new treasurer is Vicki Argento, winning with 190 votes. Her opponent Jacque Claude Dugue received 123 votes. Gilbert noted: "There is somewhat of a difficulty getting the new directors together for a meeting to discuss schedules. This is due to a time conflicts with their classes." According to the SBA by-laws, the treasurer and directors should commence their duties by September 22 at 5 p.m. Current Dean. Wade Newhouse. sen to sit on the Dean Search Committee are Jim Hayden and Kyle Maldiner, both first-years These two students will be responsible for keeping SBA informed as to the progress of the search, and writing periodic articles to thateffect for The Opinion. Thomas Headrick, after almost a decade as dean, announced his resignation in September, 1984, leaving ÜB's central administration a year in which to find a dean. University Provost William Greinerhad initially intended to form a Committee which would accept and review dean candidate resumes until March 15, 1985. The most promising candidateswould be invited for interviews during the spring semester and a new dean would be in office by August 1. However, by February, 1985 the search was moving slower than planned, and the Committee had no definitecandidates. Interviews eventually began in late spring, but theeffort proved futile, and when Headrick's resignation took effect no one had been found to take his place. With the failure of the Committee to find a dean by the beginning of the 1985-86 school year. Associate Dean and Law Professor John Henry Schlegel agreed to assume what he called the "caretaker" role of Acting Dean (see The Opinion, Vol. 26, No. 2; Sept. 23, 1985). The dean search was consequently reopened, and Provost Greiner assured the Law continued onpage 7 Inside ... Parking Protest The Boy Mechanic Comics The Monkees . .... Miss Social Procedure 2 4 5 5 6 �Students Occupy Lot to Protest Parking Policy by Susan Clerc The 1986-87 Protest Season opened on September 17 when 200 UB students staged a twopart demonstration against the University's new parking policy that sets aside six of the lots near the Spine for the exclusive use of faculty and staff. From 7-10 a.m., the protesters occupied lot P6C in front of Hochstetter Hall, forming picket lines at all three entrances and requesting would-be parkers to find other lots. At 10 a.m., the picketers marched to Founder's Plaza for a rally that lasted for the rest of the day. As a large crowd of sympathetic students gathered, the picketers circulated petitions and started a letter-writing campaign aimed at the SUNY Board of Trustees. From the start, it was clear that most of theprotesters were having a tough time taking the issue too seriously. A camp attitude was apparent in thecloak and dagger planning of the protest; only the organizing groups knew about the "reclamation" of lot P6C and false trails were gleefully laid about a press conference in Capen Hall to prevent the administration from foiling the plot before it began. As a result of the "for your eyes only" approach, turn-out was lighter than it would have been ifthe rally hadbeenannounced. (Most of the picketers belonged to SA, GSA, Poder, and theLaw School.) Picket signs bearing* slogans "We Shall Not Be Moved," "To Park or Not to Park," and even "Capitalism Stinks," indicated the flippancy with which most protesters greeted the idea of protesting for parking. But something kept students at thelot in spite of their apparent lack of commitment to the cause; whole-hearted resentment ofPresident Steven Sample and Vice President Edwin Doty. One picketer said that "their policy seems to be to make life as difficult as possible" for more officers arrived, they positioned themselves near the groups of picketers but avoided interaction with them.As traffic increased and spaces in other lots became scarce, Public Safety began directing traffic and telling increasingly desperate faculty and staff to park-at Ellicott and take a shuttle bus. This proved unpopular with driversand the officers suffered a lot of verbal abuse. Some picketers interpreted the deflection of cars as support for the protest but it was meant to prevent confrontations between students and faculty/staff, and students. Another speculated that "Sample and his legion of VPs lay awake at night thinking up new ways to shaft the student body." The parking problem was seen by most as symptomatic of the ad-. ministration's hostility to students, and a protest as the only way of getting through to ad- Section I Reunion, Killer car. The un-parked masses. Public Safety on patrol. 2 The Opinion October 1,1986 ministrators. Passing drivers honked in support of the protestors and most faculty and staff whotried to get into the lot honored the picket line. Support was not unanimous, however, and there were a fewfingers among the raised thumbs. The first driver across the line was rumored to work on the sth floor of O'Brian, but identification was hampered by the fact that her face was contorted into a most unattractive mask as she screamed obscenities from behind her closed window. One desperate parker tried to take several protesters with him as he barreledinto the entrance on Augspurger Road: The Case of theKiller Car provided valuable insight into the vagaries of eyewitnesses and the role of Public Safety at student gatherings. Students at the entrance claimed the car hit some people, injuring them slightly, and that others managed to jump out of the way just in time. One protester jumped onto the hood to avoid being hit, another jumped onto get the driver to stop, but to no avail. The car sped across the empty lot pursued by angry students. The driver and passengers fled into a building before the picketers at the upper end of the lot could get to them. Public Safety did nothing to stop the driver. Students claiming injury were told to file complaints at Bissell Hall. Associate Director of Public Safety John Grela, on the scene "to protect property," asserted that "no one was near the car when it pulled in, they jumped on after." Assistant Director Jack Eggert offered the opinion that "you have to expect this kind of thing" if students hold a demonstration. (Eggert also said, when asked what Public Safety was planning to do about the protest, "we're waiting for a decision from the administration on whether to leave the children here or move them out.") Uniformed Public Safety officers, on the other hand, were admirably neutral in word and deed. Although the first officer to spot the protest issued the mandatory arrest warning, he was exceedingly polite. As Armed escort. Verdolinq Center Stage (as usual). Law students on parade. And no* it's Miller Time. to keep traffic moving in keeping with Public Safety's goal of "maintaining order, preventing damage to property and personal injury." At the end of the protest, only 14 cars were in the 400 space lot. After the triumph of the picket, the rally at Founders' Plaza was an anticlimaxfor most protesters. The "highlight" of the rally was when SA President Paul Verdolino's ringing declaration, "you can take the shirt off my back but give the students back their parking," sent most of his audience into dry continued onpage 7 �DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER x With you every step of the way COMPLETE BAR REVIEW SERVICE IN THE FOLLOWING STATES: Alabama California Florida Hawaii Massachusetts Minnesota New Jersey New York Nevada Pennsylvania Michigan CONTACT YOUR JOSEPHSON/KLUWER CAMPUS REPRESENTATIVE OR JOSEPHSONtf MillWEB LEGAL EDUCATIONAL CENTERS, INC. 10 East 21 st Street 1206-7 New York, NY 10010 (212) 505-2060 or (800) 253-3456 outside NY f^ ©1986, Josephson/Kluwer Legal Educational Centers, October 1,1986 Inc.. The Opinion 3 �Miss Social Procedure ©PINION Ma STAT* UNIVERSITY OF NET YORK ATBUFFALOSCHOOL CF UW October 1, 1986 Volume, 27, No. 3 Editor-in-Chief: Paul W.Kullman Managing Editor: Krista Hughes NewsEditors: IdelleAbrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Staff Photographer/ Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Michael Kilcoyne, Lisa Strain, John Bonazzi. <• Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published everytwo weeks during the academic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispeper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Compositionand Design: Words and Graphics, Inc. Editorial Now Playing: Dean Search II Superman 11, Halloween 11, The Sting 11, In this never-ending era of sequels, yet another this one within the is currently being scripted labyrinthine studios ofthe University of Buffalo Productions. Call it Dean Search II: The Quest for a — Captain. Unlike other sequels, this one is based more on fact than fiction, although you wouldn't necessarily know it. And, unlike other sequels, this one is not being produced to further milk the merits of a former box office smash. Dean Search I was more a hoax than a happena hoax that made the Cardiff Giant look small ing by comparison. Hopefully, Dean Search II will not only be a full length feature, but a sequel that will provide the ever elusive answer to that tiresome, often asked question: Who will captain the S.S. Buffalo Model when Dean Wade Newhouse steps down from the bridge two years from now? For those unfamiliar with Dean Search I, our story goes like this: In September 1984, then-Dean Thomas Headrick announced his resignation from active duty effective the following spring. A Dean Search Committee was eventually assembled and finally met during December 1984. However, the Committee did not start interviewing candidates until late April / early May 1985, right before the end of the spring semester. Four candidates were interviewed in all; none were invited back. With the dawn ofthe 1985-86 school year and no one to occupy the deanship, John Henry "Caretaker" Schlegel was summoned to the bridge, where he remained for the rest ofthe school year. The ever-able Dean Search Committee, moving at negative warp speed, managed to produce three more candidates that year, two of whom later withdrew from the running. The remaining candidate, Louise Trubek, from the University of Wisconsin School of Law, was invited back for a second interview and was apparently headed for the bridge when she unexpectedly withdrew. Allegations later surfaced that she was "counseled" to do so. At present, the ship's log reads something like this: Stardate 1986 Two years and severi candidates later and still no permanent dean. Meanwhile, other law schools like the University of Santa Clara were interviewing 91 candidates during the course of one year and successfully filling a deanship vacancy. The cast of Dean Search II is nearly complete, and likewise, the scripting. Let's hope the producers and crew provide an answer this time around. Bad sequels are bad enough at the theater. We don't need one at the Law School. — — If Addressing Prof, Grovel Dear Ms. Social Procedure, What is the proper form when addressing a faculty member? Gentle Reader: Following the model of the ever-tasteful British.royal family, the first reference must be "Professor" followed in subsequent references by "Sir" or "Ma'am." Since this is America, exercise particular care in pronouncing "Ma'am" with an "A" sound rather than lapsing into the British "Mum" which will endear you to no one. While a proper oral approach is certainly a concern, one's physical demeanor is of the utmost importance. Body language tells all. You must carefully consider your purpose in approaching a faculty member and examine your options. The first reason is generally reserved 'for podium rats who crowd the front of a room after a lecture. The message they wish to impart, for reasons that their therapists can deal with, is that they hold the lecturer in high esteem. The science fiction approach is often effective as well as appropriate given the illusory atmosphere of O'Brian Hall. It can encompass the individual's most bizarre creative urges: sudden lunges to either side, mea cu/pa-ish chest poundings, varied bowings and scrapings, after all, do they know The Opinion October 1,1986 . how it's done in the Andromeda Galaxy? Cedcic Hampton in Nancy Mitford'sLove in a ColdClimate illustrated the importance of knees in encounters between individuals of differing status. Cedric approached Lord and Lady Montdore, fell to one knee in a protracted genuflection, ex- tended both arms forward and bowed his head. Unfortunately, Cedric's rhinestone sunglasses occluded what was surely an adoring expression in his eyes. The second, and probably most important reason to converse with faculty is my personal favorite infinitive: to beg. Say, only for the sake of example, that you have earned a D + in a course and must have a Q to graduate. I repeat that you have earned a D + You are without argument," without class participation, . perhaps even without attendance. As Audrey at CDO would tell you, turn a liability into an asset. Demonstrate that you can do something well and make it begging's finest hour. Beginning in thebasement, climb the stairs to the appropriate floor on your knees. Take every opportunity to gouge and scrape the skin away producing a river of blood guaranteed to attract publicity. In a chanting monotone, as you wend your way upward, re- peat as often as necessary: "I shudder in your presence, I am but a stepped on fig, a leggy water bug, the oldest oftorn un- derwear. You whoemergefrom the open lotus, you who maketh the Nile flood, you who protects me from unwanted pregnancy, hear my plea." Carefully adjusting a "haven't eaten in three days" sign around your neck, enter the faculty member's office for an Oscar-winning performance. Remember that in theory everyone hates to witness human self-abasement; in reality everyone loves it. Returning to the subtleties of verbal address and at the peril of appearing to endorse unthinkable behavior, which should remain unmentionable, the intricasies of faculty/student liaisons present delicate etiquette issues which I will undertake for those who attend less tasteful institutions. Every person involved in an intimate relationship reserves theright to call his/her partner by his/her first name. Imagine the absurdity of asking "Professor X" to pass your champagne from the other night table! (Except in a whimsical moment.) Still... there is something piquant about hearing "Sir! Sir! OH SIR!" or "May I submit your name to the Guinness Book of Records, Ma'am?" Paid Parking Plan Proposed by John Bonazzi Let's make that three certainties in life: death, taxes, and an Amherst Parking ticket. For those of you who have come to rank this University's appalling parking situation way up there with torture, exams, and reading Bill Rehnquist's deeds, I wish to offer the following proposal in order to bring about a solution to this stupidity. It has become clear the folks in Albany aren't going to reach into the ol' coffers and dig out the money for the real solution to this mess more parking spaces. The reason is clear: they don't have to park here. Discounting such miracles, we must look to other means. I presented my proposal at the ill-attended Election Forum two weeks ago. Since that time, it has been modified several times: the result is a plan that makes sense.' I propose that a parking plan be instituted which will provide for a maintenance/construction fund. This fund will obviate the need to continually request money from Albany that they continually will not provide. This would involve the University selling parking decals which would allow parking on designated lots only. The University would also begin issuing their own tickets, and collecting the resulting fines. With both of these new sources of revenue, the University could then finance their own parking lot construction program. However, it is clear that more — parking spaces will not appear overnight. In order to effectively diffuse the current crisis and this is a crisis more students need to be encouraged to park in areas of the University where there are ample parking — — spaces. To this end, the semes- ter decal fee would be reduced 4 by Fiona Smythe-Horch as the distance to the Spine increases. For example, lots adjacent to Augspurger would be priced at $25 per semester, the "overflow" lots (Why do they call theseoverflow lots?) would be priced at $15, and lots at Ellicott would be free. Such a plan would lessen the crunch at Spine lots by providing a financial incentive to park where there currently are spaces. It also would not economically discriminate against the poor, as it would still allow them to park free on campus. A few minor details. Faculty (not staff) members would be allowed to park free on convenient lots, as it is in SUNYAB's interest to attract quality professors something extending theplan to faculty would inhibit. When acquiring parking decals, a student's address would be checked to see if it lies in an area that is accessible to the University by other transportation. These students, along with freshmen, would not be allowed to park on campus. If any of this seems especially radical to you, considerthat this — is standard at many other universities. Ah, allow me to anticipate my hate mail. "We are not rich," you shout. Ofcourse you're not, neither am I. We're law students. But I am willing to trade a nominal amount each semester for a sane parking situation. "I don't have the money," you protest. Well, then park at Ellicott. "But that's not fair," you shriek. Dan (me unqualified?) Manion and Billy (constitutional rights are unconstitutional!) Rehnquist have now been confirmed. Who ever said life's fair? "But we shouldn't have to pay," you scream. "Be realistic," I retort "It's this or parking misery for the rest of your SUNY days." While this plan will not be acceptable to everybody and no plan will be acceptable to everybody it's an idea that provides for both a short-term and long-term solution to the parking mess. Judging from the lack of ideas coming from Capen Hall, that's got to mean — — — something. continued onpage 5 Rice Says "Thanks" Greetings: I'm happy that my fellow first year colleagues have confidence in my ability to represent our class. My SBA office hours will be posted on the door of room 101. Stop by, say hello; let me meet the people who put me in office. Keep the faith. The first year class fall break is almost here. Peace, Shelley Rene Rice The Opinion letter to editor policy Opinion The encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omittedfrom publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to e<|it letters and accept or reject them on the basis of content or space. �The Boy Mechanic .. by Kevin O'Shaughnessy Why Would Anyone Want Verdolino's Shirt?? "... it was justlike the Sixties at the University of Buffalo today." statement made by a local TV news clone as a lead-in to a televised report of the parking — protest. . .. Are the TV people here yet? And the print media? How about the signs and posters? Is everybody looking oppressed and alienated? Good, lets start "protesting" Wait! Somebody forgot to plug in the Big Chill Soundtrack Last week, the students came together, got organized, and let their collective voice be heard: We want our parking lots back! The process was something to behold. The student politicians were first to cash in on the media fest. SA President Paul Verdolino was positively hammy when he cried, "You can have the shirt off my back, but give the students back their parking." I was nearly moved to tears. Here was a man fighting . . for Truth, Justice, and a line on his resume How about, "Give me parking or give me Fifty death four more spaces or fight... Tippecanoe and parking too Television is perfect for empty, jingoistic slogans. Why would anyone want Verdolino's shirt? emblematicof all other campus problems: no student union, financial aid cuts, the shortage journalists The student jumped on the band wagon. The student newspapers de- voted major portions of their is- .sues to the parking problem and the "protest." They're learning theircraft. They helped to hype a problem into a spectacle. I was expecting to see a headline declaring, "PARKING PROBLEMS LINKED TO CRACK AND AID" (I have always felt the University needed a student supermarket tabloid ...) Some students tried to elevate the parking problem and the subsequent protest to symbolic status. They contended the parking situation was ■ ofon-campus videogames, the lack of a robust house wine in the Tiffin Room The parking protest would spark the administration into solving all of the University's problems. It's a dominotheory of protest and it doesn't work. There is a fine line between protesting and whining. The local TV news clone didn't know the difference. Our sixties counterparts would vomit at the thought of students expending so much timeand energy on a selfish, trivial problem (as compared to world peace, the draft, or freedom of speech) and calling it "protesting." Other students contended that, at the very least, the "protest" was a good learning experience. Students learned how to: hype an event, enhance one's own political career, and turn alienation into an empty spectacle. Truly, valuable lessons that we should try to learn and use in our daily lives. The University administration is always easy to attack. The decision to convert the student lot into a faculty lot was a poor one. The only remedy proposed by the media hounds, was the return of the lot to the students. That's leadership. Why not propose a list of alternatives to the administration. How about car pooling (perhaps withfinancial incentives to regular car poolers)? I realize this goes "against" the American tradition of one person, one car, but these are dark times. How about parking at Main Street and taking the shuttle bus to Amherst? I took the shuttle bus round trip, just so I could make this recommendation with a clean conscience. And so I could reassure those law studentsthat are mortally afraid of associating with undergraudates that some of them are intelligent, .courteous, and house broken. On the days I didn't park at Main Street, I rode my bicycle to school. This is a seasonal solution so enjoy it while you can. It's great exercise, there are safe bicycle routes to the campus, and when you get to school you don't need to pump caffeine into your body to stay awake during class. You can always get to school real early every day. Or arrive at 9:30 a.m. and spend the next several hours (and the next several gallons of gas) cruising the campus aimlessly while cursing the administrative drone that got you intothis mess. But the solution is up to you. The TV people have left. The newspapers are looking for fresh controversies to exploit. The politicians have made their splash. Unplug the Big Chill Soundtrack, put away your signs and posters, and start thinking. Legislature Approves Environmental Bond Act by Lisa Strain President, Environmental Law Society The 1986 Environmental Quality Bond Act is an imporcomprehensive plan tant, which represents a major step toward addressing some of NewYork State's most pressing environmental problems. The Bond Act was approved by the state legislature and Governor Cuomo this summer and now awaits approval by the New York State voters on Election Day in November. The Act is a $1.45 billion dollarprogram with three major components. It allocates $1.2 billion for the cleanup of hazardous waste sites located throughout the state; $250 million for land ac- quisition, municipal and urban parks and historic preservation; and it provides for the imposition of industry fees equal to one-half of the debt service incurred through sale of the bonds. There are presently 500 toxic waste sites in New York which have been identified as those most needing remediation by the Department ofEnvironmental Conservation, although more sites are constantly being discovered. The. average cleanup cost is $6 $10 million per site. The revenue provided by the previous State Superfund program was estimated to stretch the time period of cleanup to 40 years. With the additional fundsfrom the Bond - Act, itis estimatedthatthis time could be shortened to 13 years. Funds from the BondAct wou Id also be used to clean up "orphan" sites for which no responsible party has been identified. Out of the $1.2 billion allocated for toxic cleanup in the Bond Act, $100 million would beavailable to municipalities to aid the closure of non-hazardous, waste landfillswhich are no eluding land and conservation easements in the Adirondack and Catskill parks, and the acquisition of environmentally sensitive lands such as aquifer recharge areas, pine barrens, wetlands and wildlife habitats. Part of the $250 million component of the Act would be longer operable. Upon repayment of these loans, the $100 used to assist municipalities in developing and improving urban and municipal parks, and historic preservation projects, for which the state would provide up to 50 percent of the million would be used for toxic costs. site cleanup. The Bond Act also allocates $250 million for land acquisition and improvement. Part of thiswould be used for state acquisition offorest preserves, in- The Bond Act provides for an equal sharing of the debt service incurred by the bonds between the state and those industries which produce, man- ufacture or use materials that cause hazardous waste. These fees include regulatory and waste end fees, and oil transfer surcharges. New York has passed significant Environmental Bond Acts in the past, notably-the 1965 $1 billion Pure Waters Bond Act and the 1972 Bond Act which provided $1.15 billion for air pollution, solid i waste, and water quality programs and land acquisition. The 1986 Environmental Quality Bond Act is a necessary plan for making a large improvement for the future of NewYork State's environment. It will take the support of concerned voters in November to make this plan a reality. COMICS NYHESC Aid Available Nearly $2 billion in federal and state aid is available to eligible New York State students for the 1986-87 school year, according to recent calculations made by the New York State Higher Education Services Corporation (HESC). In announcing the aid level HESC President, Dr. Dolores E. Cross, urged current and prospective students to submit aid applications to college financial aid offices as soon as possible. "Students who haven't yet done so should begin exploring aid opportunities and planning their student budgets," said Dr. Cross. The bulk of the $2 billion in student aid will be in the form of guaranteed student loans. HESC projects a loan volume of $950 million.Five hundred and fifty million dollars will also be available in the form of Pell Grants and other Title IV funding. Included in the $550 million is a $146 million supplemental appropriations for the Pell Grant program recently approved by Congress. Another $460 million is available through the state's grant and scholarship programs, a figure which reflects a recent $46 mil- lion increase for the TAP program. "The Pell Grant Supplemental appropriation means more students will be eligible for federal aid," said Dr. Cross. "Students should also know that Congress has voted to keep the maximum Pell award at $2,100, thereby improving access to higher education to an even greater extent." Parking Plan continued from page 4 -■ While I'm on the subject, let me advocate for more parking for our handicapped students as well: Currently, some handicapped students have their own reserved handicapped parking slots, while others have none. This is contrary to state law. Spaces directly outside O'Brian Hall should be reserved for wheelchair students, and general parking spaces for the nonhandicapped wheelchaired should be established. Their important needs must come before our own selfish desire to shorten our daily walk. Also, spaces now reserved for ser- vice vehicles outside O'Brian and Park Halls should be given to the handicapped. The University must begin to demonstrate a firm commitmentto our handicapped colleagues. In closing, I ask that you mull over this proposal and then do something. It is essential that protests continue, as they attract media and Albany's attention. Hopefully, you will — — show more concern than you did during the recent class elections. Remember, apathy and a failure to demand resolution will lead to no resolution. Get involved! October 1.1986 TheOpinion 5 �Locker Room 1389 Delaware Avenue Buffalo, NY Centre House Tavern 1880 North Forest Road Williamsville, NY by Kevin O'Shaughnessy Soon after I turned eighteen, I went to the Locker Room Bar and Athletic Club (hereafter LRAC). Since then the place has remained special to me. The bar was always dark and cavernous. by Dana Young What is the Centre House Tavern? It is one of the few bars close to this campus which poses a challenge to the "ChiChi's" and "Bennigans" genre. Located on the "hairpin" curve of North Forest Road (off of Millersport on the back side of campus), it is a perfect place to drop by for lunch, go after class for a beer, or hang out with some friends on the patio for dinner. While the Centre House looks pretty nondescript on the outside, it maintains a unique inner character. A small room of tables couched around a large fireplace greets you at the door. This is especially nice during the cold weather; somehowthe atmosphere which a bristling fire can create in the winter justifiesthose sub-human temperatures. Well, almost. The bar itself takes up most of the room to the left, which is elevated several steps above the "fireplace" room. It is a typical long wooden bar, the kind you can slide beers down from one end to the other. None of the trendy circular and modular stuff. For those who like to watch people dribble over their food, their is also a small bar looking down on the fireplace room. Beyond the bar is the patio. There is nothing particularly unique about this patio. There are round tables with umbrellas on top and a tall wooden fence surrounds the area. The parking lot is behind the patio in order that you may enjoy the sounds of gravel spraying out from under the tires of not so discreet patrons. Among the specials which the Centre House touts is 10 cent wing night on Mondays. For anyone not familiar with Buffalo, chicken wings and 10 cent wing nights are both ven- erable traditions. I took it upon myself to do a taste test on the wings here and found them above average. They were meaty and had a good taste. The medium wings were not that spicy, however, so for those who enjoy self-torture, order the hot. I was particularly pleased to find that the last wing in the basket was edible, rather than waterlogged in a puddle of orange grease." Other specials include a daily cocktail hour from 11 a.m. until 7 p.m. (this should please the alcoholics in the crowd) featuring 60 cent draft beers and $1.00 mixed drinks. Tuesday is all-you-can-eat spaghetti night for $2.99 and Thursday is oldies night where again drafts are 60 cents all night and mixed drinks are $1.00. Friday features a fish fry, which I again taste-tested and found to be quite acceptable. In addition to the specials on wings, spaghetti, etc., there is "It is a refreshing feeling to walk into a bar which doesn't drip with hanging shrubs, peppermint patty wallpaper and costumed waiters. " a basic menu with basic appetizers and finger foods (potato skins, chicken fingers, soup), and a basic selection of sandwiches, burgers and seafood (all ranging from $2.50 to $5.00). The Centre House also serves your basic beers, draft and bottled. The only import they carry is Labatts, which is also pretty much basic in most bars in Buffalo. AnotherBuffalo basic is the big screen TV. The mint patty wallpaper and costumed waiters. While I would not recommend it for a wild Friday night, it is a definite place to "harig out" (there aren't many of those near campus.) So, those who like to "hang out", definitely try the Centre House Tavern. BAR REVIEW It had three or four separate bar "areas" (that allowed you to hide from people you didn't want to deal with unless you were too drunk to care) and a big dining room in the back. Gym lockers lined most of the walls. Every Tuesday and Thursday night Labatts Blue were two for a dollar. This was a place where a person could wear a T-shirt and jeans and just relax (or go nuts). My father worked near the LRAC and stopped there for lunch (good roast beef) or happy hour; leaving just before the "anklebiters" (a.k.a. college kids) started showing up for evening session of drinking. Consequently, he was friends with the owner and most of its employees (reminiscent of "Norm" on "Cheers"). The owner of theLRAC was a wonmysterious derfully man named Goodlander. Mγ father would entertain us at dinner by telling "Goodlander" stories. Goodlander's escapades usually involved strange travels, incredible spending sprees, or bizarre entrepreneurial schemes. I got to meet Goodlander one night when he was filling in for a sick bartender (or just guest bartending ... I'm not sure). The LRAC was crawling with customers and craziness, but he took the time to buy a few drinks and tell a few stories about my Dad, thebar, and himself. Goodlander was a great bar owner. Goodlander sold the LRAC several years ago (to become the captain of a charter boat... but no one is really sure), and the bar was remodeled. The walls are now paneled with clean, varnished wood. Only a few token gym lockers remain. The bar is now one big room. You can't hide from anyone you don't want to see, they have installed purple neon lights. The place looks like a yuppified fire ha11... Every Tuesday and Thursday Labatts Blue are two for $1.75. The best part of the new "improved" LRAC is the outdoor patio bar. There's nothing better than drinking outside, under the stars Some' may disagree but these types usually wear makeup to go camping or bring blow driers to the beach. Sadly, the weather is turning colder so the patio nights are going to fade away like our . "... they have installed purple neon lights. The place looks like a yuppified fire hall. .. tans. The patio will probably close in October and reopen in May. The night time crowd is college age or slightly older. It's not T-shirts and jeans anymore. White suits and skirts (Sonny and the Crocketts) hang out under the newly installed purple neon lights (where the old gym lockers used to be). The purple neon turns the white into lavander, creating an instant . J.A.P. look. There's a dance floor now and people really dance. Prior to the remodeling, people would just rhythmically stagger. Mostof theold bartenders and doormen are gone now (they left when the lockers were removed ...), but the service is still very good. The old LRAC had character, history and a peculiar smell (the last of which is not really missed). The new LRAC is tailored for the, pre-hard core yuppie crowd. It's still a good place to drink on Tuesdays and Thursdays but it used to be Centre House has one for those who like to hang our in bars and watch football, baseball, or stare at voiceless faces. Thus, the Centre House ends up being your basic kind of bar and restaurant. But in this case that is what makes it so unique. It is a refreshing feeling to walk into a bar which doesn't drip with hanging shrubs, pepper- better. "Monkees and Hermits: A Groovy Time" by Susan Clerc When I was 7 years old, my best friend, Peggy Dougher said to me 7 words I will always remember, "let's play the Monkees, I'll be Mike." (Shrewd girl was Peg.) She was 10 and, along with another friend, Beth, just the right age to catch Monkeemania. It didn't get me until the show was rerun on Saturdays. Into Peg's brother's room we would sneak to use his record player, and belt out those classic tunes "I'm a Believer," "Steppin'Stone," "LastTrainto Clarksville," on improvised instruments. The drums were a stuffed footstool. We even made up adventures as loosely structured as the plots of the show. I tell you all this so you will understand why I shelled out $17 to sit in the Aud last Wednesday night with a bunch of other adolescents. The Monkees were in town. Not all of them, of course; the filthily rich Mike Nesmith re- fused to join the reunion. (Coincidentally, I havelosttouchwith Peggy.) But Davy Jones, Peter Tork, and Mickey Dolenz put on a good show without him. Also on the bill were Herman's Hermits, Gary Puckett, and Rob Grill of the Grass Roots. It was like a convention of amputees; the Monkees were Mikeless, Puckett was Gapless, Grill was Rootless, and the Hermits had a new Herman. And the odd thing was, no one really cared. It wasn't so-much a concert as a mass sing-along, Mitch Miller run amok, and the presence of any of the original members of the bands was just an enhancement. The Hermits opened the show, encouraging the audience, who needed no encouragement, to clap and sing the chorus. Hell, we were doing the verses and the background. Peter Noone replacement Garth Elliot must have listened to records in his sleep because he did an uncannily accurate imita- Page six The Opinion October 1,1986 tion right down to the "nuf" in "she's made itcleare-nuf itain't no use to pine." The set passed much too quickly and covered the best known of the groups songs: "Mrs. Brown You've Got a Lovely Daughter," "I'm into Something Good," "Can't You Hear My Heartbeat," and many, many more, including thetimeless "Henry VIII." (This and "Sweetpea," by God knows who, were my favorite songs when I was about 4.1 remember standing on the back seat of the family car and singing to the radio on a trip to Rochester.) Naturally, I spelled H-E-N-R-Y with gusto at the Aud. He sang Enery, we sang Enery, he sang No Sam, we sang No Sam. I wish they'd played until the Monkees turn. But Gary Puckett came out instead. In fairness to Gary, he was very popular with the crowd. I, however, consider him the Tom Jones of the preteen set. He sang the statutory rape — adultery trilogy "Young Girl," "This Girl is a Woman Now," and "Woman, Woman," as well as "Lady Willpower." I have long held that it's all one song with slightly different right, even if he didn't. Finally, there were the Mon- _ continued on page 7 • PROFESSIONAL TYPESETTING R With Puckett came the backOFFSET rup group, including 5 guys with t PRINTING horns and those kind of white SERVICE O *• FAST COMPETITIVE pants and blue short-sleeve PRICING M shirts that were so popular with MANY ** 60's groups. They stayed M DIFFERENT through the rest of the show, TYPESTYLES & playing for Rob Grill and the PAPERS Monkees, too. When they first •RESUME SAMPLES came on, [asked a friend if they S AVAILABLE were the Union Gap. "I don't know," she replied, "they look like Dave Clark and the Tijuana WE ARE RESUME PRINTINO SPECIALISTS! Five." CALL US OH VISIT US FOB A Next out was Rob Grill, lead QUOTATION TODAY! singer of the Grass Roots. More than one person near me grew irritated with Grill for altering 3171 Main Street the timing of such hits as Buffalo, NY*" "Temptation Eyes," "Sooner or Later," and "Midnight Confes1676 Nia. Falls Blvd. sions." I agreed, but admired InTm I Cvc'Cc (across tmm K-Mtrt) Tonawanda, NY his nerve in bucking the tide of lrlrv|s3p) audience voices. We sang it lyrics. • _' |j3|||tf\ • �Dean Search L. Rev. Names New Associates Offers to join the Buffalo Law Review as associates for 1986-87 have been extended to the following individuals: Idelle Abrams Michael C. Banks Brad Bobertz Richard C. Bulman, Jr. Rosanna DiMillo-Sandell Helen A. Drew James D. Eiss Karen M. Elinski Joseph Ferraro Ronald Francis Terrence Gilbride Mike Gutierrez Mary Jo Herrscher John S. Hilbert James L Jarvis, Jr. Edward J. Jozwiak 111 James P. Kennedy, Jr. Barbara A. Kilbridge Thomas F. Knab John Mulholland Barbara Nectow James Quinn Randolph E. Sarnacki Susan Schoepperle David Sleight James M. Tierney Harry E. Werner Richard Wong Michael F. Zendan II /\V/\ / 1 lr\/\ ( >V J( / J \j J I I I \ the deanship in late March. Unfortunately, the Committee was thus left with no other viable candidates, and was disbanded. The beginning of this latest chapter in the Dean Search Saga represents the awareness of the University's administration that a Law School must not be left withoutsolid administra- tive leadership in theform of a permanent, full-time dean. Wade Newhouse is attempting to inject some stability into the administration as the latest temporary interim dean, but he has only agreed to this arrangement for two years. Perhaps Thomas Headrick's replacement will be found before Newhouse's term is over. continued from page 2 heaves. In one fell swoop with his T-shirt, Verdolino destroyed what credibility the protesters had managed to build by holding theparking lot. Underother circumstances, he would merely have insulted his audience, but because the speech was carefully timed to coincide with TV noon news broadcasts, Verdolino's antics were exposed to all of Western New York. Other speakers at the rally Claude Welch, chairman of the Faculty Senate; Izzy DeJesus, student representative on the University Council; and Adam Bader, a SASU dele- — Monkees gate, managed to keep a grip on reality as they addressed the multitude. DeJesus was particularly entertaining as he encouraged students to chant "this is our world," as he added lines calling President Sample "just a squirrel trying to get a The only action taken by nonstudents has been the appointment by the Faculty Senate of a Task Force to investigate the parking problem. More protests are likely to occur throughout the semester if restricted lots are kept. nut." continued from page 6 kees, looking older but sounding the same (even, alas, Peter). Davy still plays a mean tarnborine, and seemed more reserved than the other two, but so would Shelley Winters they were exuberant. Girls still swoon when he smgs "Day- — dream Believer." Mickey mugged it up more than ever, wringing every ounce of melodrama out of "She," and doing his Jimmy Cagney. He stopped the show with his amazing routine during "Goin' Down." I was sure he'd hurt himself. Peter was the big surprise. When I was a kid, no one wanted to be Peter. Wednesday, he stolethe show. "Auntie Griselda" brought down the house. And who'd have thought quiet, sweet innocent Peter could move like that! (Mickey was less a surprise though no less a delight. My glasses kept fogging up.) On the show, they were all such Lv ■ /An I V \i : was invited back for a second interview. Mrs. Trubeck was the only one of a total of seven candidates whomade it to this second step of the interviewing procedure. The faculty were generally optimistic about Trubeck's candidacy, and it came as rather a shock when she suddenly withdrew her name from consideration for Parking Protest The casenote competition for transfer students was held during thefirst week of classes. The casenotes of these individuals are currently being reviewed and any offersextended to these individuals will be published in the next issueof The Opinion. Paul J. Wessel Editor-in-Chief Keith A. Fabi Executive Editor Thomas L. Jipping HeadNote & Comment Editor f\\\ continued frompage I School that a permanent dean would be in office by September, 1986. Over the course of the school year three candidates were interviewed, and by February, 1986 it appeared the Greiner's prediction might actually come to pass. The most promising and enthusiastic candidate, Louise Trubeck of the University of Wisconsin, eunuchs, in spite of the long line of short blond girls for Davy, that it was a shock to see that they're men. NEED RESUMES IN A HURRY? They did the monkey, they did the walk, they did a conga line, they sang the old songs, and then they were gone, much too soon. Two day service in most cases! About 5 minutes from Amherst Campus There were plenty of things to quibble with: the canned intro featuring the voices oflate actor Herschel Bernardi, the planned encore, Rob Grill's patronizing patter, and the fact that three of the four acts had the same back-up group. There (off SweetHomeRd. between No. French & Tonawanda Creek Rd.) was also the sadness that inevitably accompanies nostalgia. The absence of Mike Nesmith, especially, led to uncomfortable thoughts about why the others don't have something better to do. On the other hand, it's good to remember, and memories are what it was all about. And it was such a good time! ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (71 C\ £.01 7JOrt Quality • Dependability I • Fast Service • Moderate Prices •••••••••••••••••••••••••••••• NOTICE: John Pieper will be visiting the Law School on Wednesday, October 8 at 12:00 noon in the first floor lounge. A RES IPSA LOQUITUR The Vieper $(ezu yor£State - Multistate Bar Review offers an "We emphasize <Bar integratedapproach to the 9{e%u r r-rr r i sophisticated memory techniques, essay uniting slqlls and a concise, organizedpresentation of the (aiv. you ivitlbe prepared and confident. • r PIEPER NEW YORK - MULTISTATE BAR REVIEW It 50 Jlwwif, Speafo For Itsetf. Mineota, <Hy 11501 <Tdcpfione: (516) 747-4311 MARIA LOTEMPIO DORIS CARBONELL JUDITH KUBINIEC AMY MURPHY MARK POLLARD IKj X^ l\l^ IJp /\V l?\ /V\ I\) xTj^ PIEPER REPS BRIAN BORNSTEIN Mv \ JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 I / October 1,1986 The Opinion 7 �ijil BAR / BRI . Si you I§| course IS THE by. swear iii at. not H BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • Head Rep: H. TODD BULLARD " 3rd. Yr. Head Rep. KEVIN COMSTOCK Bernetta Bourcy Buckley Karen Robin Chekla Mary Comerford /-J / J / \~))\\] J M JV m m : = >;;r^i;:;;^:;i^:^:;r;i;i;i;i2-i:;: i i-i-r-s"t~t-i-i£i;t;E;E;:;i£i;^ts>:i-;-5-E-z Sw:w:w:?: : ::::: : i-;;:;;;:;!;:;:;:;!;:;:;;;:;;;:;:;:::;:;:;;;*;::!;::::;:;;::;;;:;;;;;:;;;:;:;;;;;:; :?:fe: i:K : : i: i: S:K& 8 The Opinion October 1, 1986 Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia J aY Lippman Dave Platt Rick Resnick . Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos — 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Bonnie Mettica *please contact these people to inquire about their status ••associate reps Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/96cb917bcfaa4643fba621641ec0f8f0.pdf 56aae8329233a39a444f553b188dac3f PDF Text Text THE OPINION Volume 27, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 15,1986 Administration Won't Accept Students For Search Committee; Greiner Wants Final Say by Krista Hughes Procedural problems have delayed the appointments of Jim Hayden and Kyle Maldiner to the Dean Search Committee. All of the other positions on the Committee have been filled, however, University Provost William R. Greiner has yet to finalize the appointments of the two students chosen by SBA to represent the student body in the selection of a Dean. The Dean Search Committee will be composed of members of the Law School faculty and administration, the local legal community, and the Law School's student body. Usual procedure in appointing members to the Committee is for the concerned group to send the Provost a list of nominees from which the Provost will select the requisite number. In the case of the student members, the Provost's office asked the SBA for a list of nominees. SBA's Executive Board interviewed twelve interested students and selected the two who were seen as best representing student concerns. When the Provost's office received the two names SBA was quickly informedthatthe procedure followed was unacceptable, and that the Provost would need more names from which to choose student members of the Committee. In a memo dated September 30, 1986/to Greiner from SBA President Brett Gilbert, it was made clear that "the Student Bar Association [has] unshakable faith in Kyle Maldiner and Jim Hayden as the student representatives on the Dean Search Committee." However, as of October 7, the Provost's office was demanding biographies of the two nominees plus biographies and statements of purpose from two other in- terested students. According to Associate Provost JudithAlbino, there is "no objection whatsoever to either of the candidates," and the fact that they are both first year students is irrelevant to Greiner's hesitancy. The position of the Provost's office is that this is simply a procedural issue, and the students did not follow the correct procedure in nominating candidates to the Dean Search Committee. However, Brett Gilbert states, "This has come down to a matter of who is going to choose the student [representatives] students or the administration?" SBA's Executive Board did not act frivolously in choosing — Jim Hayden and Kyle Maldiner to represent student interests. Both are enthusiastic, concerned and experienced. That they are both first-year students is actually an advantage to the Committee, because as Brett Gilbert explained in his memo to Greiner, "Kyle and Jim are untouched by the political infighting that went on last year, and this will undoubtedly add to their enthusiasm as they work with the Committee." Jim Hayden attended Dennison University in Ohio where he majored in History with a minor in Philosophy. He observed and took some part in Dennison's search for a President, and feels that while Dennison's Committee made excellent choices in deciding on finalists, their ultimate choice was a mistake for Dennison which is a small lib- eral arts college. Hayden does not want to see the same thing happen at ÜB. It was UB Law School's non-traditional approach and ability to change which attracted Hayden to Buffalo. He is himself "actively intent on 'preserving the change'" and he doesn't want to see the Law School's overall commitment to change hurt by the selection of the wrong person to be Dean. Hayden commented that ÜB's loss of rank in the Gourman report probably did have something to do with the lack of a permanent Dean, because " if you lose a Dean you lose direction," although "it should be easy to get [our standing] back by selecting the right person as Dean. Hayden suggests the importance of injecting student views continued on page 11 Marcus Family Law 'D's Changed to 'S's mined "solely on the content of the answers." Nevertheless, a substantial number of people received grades of D or F on the by Idelle Abrams Though it seemed that the problems surrounding Professor Isabel Marcus' Fall 1985 Family Law final exam were settled by the end of last semester, final exam. A petition was filed by the students who felt they had received an unsatisfactory grade the final resolution of the affair actually came in June, long after most students had left school for the semester. It came with a letter from the administration announcing that all D and F grades would be adjusted to S (Satisfactory) grades. Professor Marcus gave a floating final exam to the 150 students in her Family Law class last fall. A floating exam must be completed within a given number of hours but may be taken at any time during the exam period, at the convenience of each individual student. Allegations of cheating arose after the exam, claiming that some members of the class knew the exam questions be- Associate Dean John Schlegel. fore they picked up their test. The administration conducted an inquiry into those charges but found that the evidence was insufficient to prove that any- one had cheated or to accuse particular individuals. As a result, then Acting Dean John Henry Schlegel au- thorized the release of the grades. The grading, maintained Schlegel, was not affected by the cheating issue. Rather, grades were deter- and it was presented to Schlegel. As a result of this petition, Schlegel, in a letter dated June 13, 1986,informed all students who had received D's or F's in Marcus' Family Law of his decision to change their grades to S grades. In his letter Schlegel said: "I have the utmost faith in the actual fairness of the grades assigned by Prof. Marcus." However, he felt "that the appearance of fairness requires some action." He therefore decided "solely as an administrative matter" to make the grade change. Marcus, when asked, had no comment on the final resolution of the situation. "I turned it over to the administration when I realized the enormity of the problem. I think they handled a complex situation in a way they know best," she said. While Schlegel continues to assert his belief that Marcus' original grades were determined fairly, he said "It is important that things appear fair, not only that they be analyzed by me as in fact fair." The sense he had gotten from the students, Schlegel said, was that "whatever the substance, the : Prof. Isabel Marcus form was wrong. So sometimes you change, you respond to the form." While Schlegel, as an individual, may have felt that the grades should not be changed, "I think the dean has a different sort of role. Occasionally, and especially in things that are taken deeply seriously, some things just have to look right, too." Alluding to the implications of the events last fall, Marcus feels that "my class was a manifestation of a set of problems that exist in this institution." It ■ was not just an individual problem, she said. Other professors she has reason to believe are aware of violations of the honor code and the scale of cheating that is going on. Marcus refused to elaborate on this assertion and concluded only that she is "not clear what should be done about it." Councilman Keane Labels Kemp "Traitor" by Kevin O'Shaughnessy Buffalo Councilman James Keane, the Democratic Candidate for Congress in the 31st district, sponsored a "study break" for University of Buffalo students Thursday September 25. Over 50 students crowded into the lobby of Lehman Hall in the Governors Complex to munch pizza and listen to Coun- cilman Keane (pronounced Cane) discuss the campaign issues and attack incumbent Republican Congressman Jack Kemp. Keane called Kemp a "traitor" to Western New York and declared, "He's (Kemp) from California, he lives in Maryland, and he votes with the South!" Many political experts believe James Keane is giving Congressman Kemp his toughest election since 1970 (Kemp's first congressional bid which he won with 52 percent of the vote.). Keane is a political veteran who has spent most of his life in public service or public office. Besides serving on the Buffalo Common Council as Majority leader from 1982-1983 and Chairman of the legislation committee 1984 to present, he served the City of Buffalo as a firefighter, school teacher, and as a school board member. Additionally, Keane's family has political roots: his wife, Margaret Whalen Keane, comes from a very active political family, and his brother, Richard, is a New York State Assemblyman. At the Thursday night "study break," Keane wasted no time getting at the issues and at Kemp. Keane assailed his oppo- sary to revitalizing industry in the U.S. Keane intimated that Kemp's anti-freetrade votes might have been caused by his association with Stanton D. Anderson, a highly paid and influential lobbyist for the government of Japan. Since the election, Kemp has severed all official Congressional hopeful James Keane nent's stance on free trade legislation. Kemp has repeatedly voted down the legislation, calling it "protectionist" and maintaining it will encourage slack work practices and lead to higher consumer prices. Using the recent plant closings in the Western New York area (Trico, Republic and Bethlehem Steel) as evidence, Keane maintains that legislation is neces- ties with Mr. Anderson. As a former school teacher and school board member, Keane favors an increase in domestic spending, particularly in the area of education: "Why go through the domestic budget with a meat cleaver? I haven't even talked about $1600 toilets, or. $500 Allen Why go wrenches not through the defense budget with a meat cleaver?" In the area of foreign policy, ... .. . Keane, A Vietnam veteran, attacked the current administration's policy of contra aid in Central America: "I was in Vietnam when Jack Kemp was ". throwing footballs around Instead of aiding the contras, Keane favors spending the money on domestic programs. Keane is opposed to the current urn ... continued on page 11 Inside New Profs Racing Attorney SBA News Bar Review .... 2 2 4 8 �Thuronyi Join U.B. Law Faculty Fraser and Victor Thuronyi David Fraser Tax and Reform Canadian Law by Idelle Abrams It was a "fortuitous" meshing of interests that brought David Fraser to Buffalo as a visiting Professor for the 1986-87 year. "I had an interest in coming to the States and Buffalo had an interest in having a Canadian come to the States." Fraser, however, was surprised by Buffalo's interest in Canadian law. "In retrospect it's logical, I mean, Ft. Erie's just across the bridge. But I didn't know the law school had an interest in Canadian legal things." Fraser's desire to come to the U.S. was sparked by his current research interest. Two years ago, Canada adopted a new Constitution, the Charter of Rights, "which has totally changed the legal and political situation, in theory. What I'm interested in is the historical American experience which people in Canada are trying to borrow and transplant into Canada." Specifically Fraser wants to explore whether this is possible, because of the different cultures and histories of the two countries, and, even if it is possible, whether it is a good thing. Historically, Fraser explained, Canada has always turned to Britain for its case law and legal materials. The previous Canadian Constitution was actually a statute of the British Parliament that was passed in 1867. However, "for years and years there's been this nascent and burgeoning Canadian national- ism and one of the symbols of national identity was the idea of a Constitution that was Canadian. " On the practical side, having its own constitution meant that Canada could amend it at home, without going back to Britain, "which was the historical circumstance." It was also an attempt "to cement some kind ofnational identity," especially in light of the problems in Quebec and their movement for independence. With the new Constitution, however, Canada is beginning to look at American law much more closely, particularly in the areas of constitutional law and the constitutional aspects of criminal law, said Fraser.. The reason for this, he said, is "basically because the text of our constitution is remarkably similar to yours because we borrowed from it, literally." It makes it "interesting for me to be here and see the two cultures," Fraser commented. In addition to the Canadian seminar he is teaching, Fraser is also teaching Remedies, which he taught at Dalhousie University in Nova Scotia, where he has been for the last three years. "I wanted to teach sort of mainstream American courses as well as my Canadian seminars. So I wastransplanted from teaching Remedies at Dalhousie to teaching Remedies here." The difference, Fraser finds, in teaching the same course in by Idelle Abrams Visiting Canadian Prof. David Fraser. these two different settings is the constitutional component. "In Canada we haven't had to worry about that. Remedies was purely and absolutely a private common law affair." While he notes that "I always have to be aware of the constitutional elements of these things," he doesn't see that as a drawback. Rather "that's one of the reasons I came, to have 'the American experience'," said Fraser. onpage 11 . continued Tax authority Victor Thuronyi If you want an informed opinion about the recently passed Tax Reform Act, ask an insider. Victor Thuronyi, newly appointed Associate Professor of Law, was in on the ground floor of the planning bill. As "Designated Special Legal Advisor for Fundamental Tax Reform" in the Treasury Department in 1984, he was one of only two lawyers working on the project in the very beginning. The tax bill was first discussed by President Reagan in his State of the Union Address in 1984 when he called for the Treasury Department to conduct a study on tax reform. Thuronyi had started to work in Treasury in 1983. The study came along at a time whenthere was a big piece of tax legislation so "the" Treasury "didn't really have the resources, in terms of lawyers, to devote to the study on tax reform. So I was very lucky." Later on, said Thuronyi, everyone else in the office got involved in the study, "but at least I was in on the early days. I had a fair amount of impact on it in the very beginning." Thuronyi's reaction to the tax bill in its current form is that "it's not a perfect bill by any means." However, he added, "it's certainly preferable to current law." Thuronyi considers it progressive in the sense that people near the poverty line are "unambiguously helped." However, he criticized thebill because those at the very top of the scale actually get a bigger tax break than do the middle class. There is a funny glitch in the bill, pointed out Thuronyi, in that those making over $200,000 a year actually have a tax increase in 1987. "Their big cut only comes in 1988. So there's a lingering question as to whetherthere's any possibility of freezing the '87 rates." The treatment of tax expenditures is another area of the bill Thuronyi finds unsatisfactory. Tax expenditures, he explained, "are effectively government spending programs that happen to be located in the tax code." He feels that the bill "doesn't treat them in a very intelligent way." In some cases the new provisions for tax expenditures are even more complicated than current law. In other cases, the bill just gets rid of the provision without replacing it with any direct spending programs. "It's difficult to move a program from the tax code into another committee or another department. If it gets cut, itfalls by the wayside." Thuronyi is currently writing an article on tax expenditures that will elaborate on these ideas. Working in a bureaucracy like the Treasury Department was a "somewhat frustrating" experience for Thuronyi. "It's very strange because in some cases decisions are made very much off the cuff with only a couple of people making the decision. continued onpage 11 Thrills, Chills, and Spills For Leadfooted Lawyer by Paul W Kullman While it's not unusual to see an attorney "racing" downtown for a closing or to appear for a client's arraignment, attorney James Partacz another king of racing — does drag racing. During the summer months when quitting time rolls around, Partacz trades in his sport coat and tie for a crash helmet and overalls. And, leaving behind the antiseptic atmosphere of his office, the at- torney turned racer heads for the track. A partner in the West Seneca law firm of Cosgrove, Snyder & Partacz, Partacz has been drag racing "seriously" only for a year, though he has been doing so on a "casual basis" since his proximate time it will take him to cover the quarter mile distance. The timing of the starting lights is then adjusted such that if each driver reacted the same, they would finish in a dead high school days. "I was into cars," he said. "I was never never took were just veloped on a mechanic and I shop classes. Cars an interest I de- my own." Strapped in behind the wheel of his 1974 Plymouth Duster on a typical Friday night at Cayuga Speedway, Partacz backs his rear wheels onto a concrete burnout pad. Then, locking his front brakes to hold his selfbuilt "Tezmanian Devil" into place, Partacz revs up the engine. Smoke billows as rubber meets racetrack After a series of "dry hops" to make sure that his tires are sticky enough to maintain maximum traction and hold his line, Partacz move up to the start, where every race is deter- Jim Partacz "lights them up" on his Tezmanian Devil. mined in a matter of "hunsaid of the sport. "You don't just jump into the car and go. dredths and even thousandths of a second." You have to know your car inside and out and know what adPartacz and his "Tezmanian justments to make each time Devil" will cover a typical quarbefore you go out there." ter mile stretch of track in 11.46 For example, Partacz said seconds at speeds of over 115 that prior to lining up for a parmiles per hour. ticular each driver must "It's a lot more technical than "dial in" his number. That is, most people realize," Partacz each driver must predict the ap- heat. "If you finish in a time faster than the one you dialed in, you're disqualified," Partacz said. "And, if you jump the light you're also disqualified. It all boils down to who knows their car better and how quick the driver can react." While racing more for points than paychecks at this stage of his career, Partacz said this sport provides "a good release from practicing law, although you can always pick up a few clients along the way, too." Angels' Silwa Speaks at Fillmore Hall by Amy Sulivan Curtis Sliwa, founder of the Guardian Angels, along with his wife, Lisa, visited UB to speak out against crime on Wednesday, October 8. Lisa, the National Director, spoke about the problems of being a woman today. "To be a woman in today's society is very hard," said Lisa, "We're always being told we are equal but we are different. I grew up in a small suburban town before coming to New York City. Within a very short period of time, I realized I could be a victim of crime within twenty-four — hours." She next discussed the type of role models that are out there 2 for a young woman today, pop singers such as Madonna, who confesses she "got to the top by being good on the bottom." Lisa pointed out that the role models out there today don't help us with what we need to emotional scars that the women who don't fight back do." Next, Curtis Sliwa discussed Curtis was a manager of a fast food restaurant in the South Bronx. Yet he was really a glorified bouncer dealing with hold-ups, pimps, and youth gangs. Every night Curtis announced to his customers, "Keep your hands on your pocketbooks and wallets before your stripped clean." Curtis grew up in a blue collar, working class section of Brooklyn. Every day he had to ride the subway. "There was one of three things you could do," said Curtis, "run, act insensitive, or do what I did. Instead of putting an end to physical garbage in the streets sweep the history, background, and up human garbage." face concerning crime and drugs. One of the Angels' services is to offer street survival seminar courses for woman in self-defense techniques. Lisa explained, "Self-defense must be a priority, rape victims that do fight back don't have the goals of the Guardian Angels. The Opinion October 15, 1986 — The Alliance of Guardian Angels, Inc. is a non-profit, all volunteer organization, which was founded on February 13, 1979 by Curtis with just 13 members. "Mayor Muppet Ed Koch and the New York City Police Department condemned us," said Curtis. "They said we can't have people thinking we have a crime problem. The police chastised us and put a plan of harassment into effect. People were terrified of us, as- sociating young as trouble." Contrary to widely held impressions, not all Guardian Angels are young and not all are in inner city areas. The minimum age for becoming an Angel is 16; there is no continued on page H _, R • PROFESSIONAL c t • OFFSET PRINTING C FAST SERVICE *• COMPETITIVE TYPESETTING M PRICING MANY • DIFFERENT M TYPESTYLES ft PAPERS •RESUME SAMPLES a O AVAILABLE WE ME RESUME PRINTING SPECIAUSTSI CALL US OR VISIT US FOB A QUOTATION TODAYI 3171 Main Street Buffalo, NY "' NTTFU 835 "O1J 1676 Nia. Falls Blvd. dTd} FcwO? («*ou *wn K-Mart) , 834-7046 *IrViQS]p) Tonawanda, NY �I I DON'T GET LOST IN THE SHUFFLE FOLLOW THE LEADER I JOIEPHION II II II I New Jersey New York Pennsylvania fe I I $110 $160 $160 pi I 1| DISCOUNT JLM 11 11 wILβ it V^ Kβ nw Iμ Begins: Monday, September 8, 1986 Ends: Friday, November 14, 1986 Contact your Josephson/Kluwer campus representative or I ■ JOIEPHION M> Nil)WED | 10 East 21st Street 1206-7 New York, NY 10010 (212) 505-2060 or (800) 253-3456 outside NY ©1986, Josephson/Kluwer Legal Educational Centers, Inc. October 15, 1986 The Opinion 3 �SBA Briefs Gilbert Addresses Perennial but Important Issues: Parking, Grades, and Dean Search by Brett Gilbert A few things have happened over the past several weeks that I thoughtyou might like to know about. I'll try to keep this short. Parking. Thanks to everyone who turned out on that chilly Wednesday morning and made the occupation a success. As a result of the protest, the Faculty Senate voted to end restrictive parking until the University Parking Task Force completes its recommendations. We'll see what those unilateral decision-makers in Capen Hall do about that. President Sample's office called me and asked if I would like to be a member of the Task Force. I'll keep you up to date as to the status of this committee. help but to make a couple of comments concerning the bad press the parking I cannot protest received in the last edition of The Opinion. Although I regularly enjoy Kevin O'Shaughnessy's column, I think he missed his mark two weeks ago. First", although there probably is a difference between Whinning and protesting, whining is usually what other people do when they protest things you don't care too much about. I do not think it is useful to demean the appropriate concerns of others. Second, students have been out of the protesting business for quite some time now and one does not radicalize a student population overnight. It is a long and difficult process to get students to feel comfortable with the possibility of risking arrest over something they feel strongly about. We cannot build a strong student move- ment by expecting too much from our constituency. We appear weak if we strive for large goals general strikes over nuclear weapons and only a — — handful of students show up. We appear strong if we begin with more modest actions and can produce the number to carry them through. The parking lot occupation was a small step in building up the confidence of students to carrying placards, marching in the streets, and defying civil authority. Hopefully, some of the students who were in the parking lot protest will attend demonstrations concerning more significant events. Late Grades. Dean Newhouse has informed me that he is behind students all the way on the issue and that he will do all he can to enforce the 30-day grade reporting deadline which is already on the books. Newhouse believes that since the faculty is the body that voted the 30-day policy into being, its members should faithfully live by its terms. (There is even a rumor that Newhouse once suggested to the faculty that paychecks should be withheld until grades are turned in. Needless to say, he was voted down.) Word Processors. Kudos to Ellen Gibson, Director of the Law Library, for her efforts in obtaining two word processors and two printers for the fifth floor of the library. Ellen really went the extra distance. Efforts are now underway to secure additional software and machines through private channels. DeanSearch Committee.The > Provost's office has been giving us some trouble over our choices of student representatives on the Dean Search Committee. It appears as if that office believes that the choice of which students are on the committee is an administrative choice and not a studentchoice. I think their rationale involves "appropriate balances," or something like that. Hopefully, by the time you read this the controversy will be over and Kyle Maldiner and Jim Hayden will be sitting comfortably on the committee assertively representing our interests. Well, that is aboutit for now. If anyone has any comments or suggestions for me or the SBA, feel free to leave them in my mailbox, #670. Until next Courage. time . SBA Minutes SBA Taking Care ofBusiness: Considers Activity Fee Hike, Begins Committee Appointments, Commencement Planning by Karen Buckley Minutes of SBA meeting on Monday, September 29: NEW BUSINESS 1. Office Hours There is a schedule on the door of the office for directors and officers to sign up to sit one hour and two hours a week, respectively. 2. Agendas The agenda for Monday should be available by Friday. It will take a vote of half the Board to change it once it is set. 3. New Constitution Is typed upand available in the SBA office. 4. Parlimentarian —After a plea from the Chair for a volunteer to fill this position, Derek Akiwumi stepped forward to accept the job. 5. Phones This has turned out to be a big problem. Last year's finance committee thought we would be owning the phones a lot sooner than we will which won't be until next April. As a result, there isn't enough money in the phone line of the budget. Over the summer, Terry received a $4,000 bill, but was able to work out a compromise so the service wouldn't get turned off. Brett suggested that the Board consider two possible routes to lower the monthly expenses, which — — — — — are now running approximately $150 per month. One is consolidating the phones so they are shared between groups, and the other is to levy a charge for use of the equipment. Jack said that the decision was tabled until the whole Board could vote on it, but that a decision should be reached quickly (time is money). Lois asked if the groups could be charged for the phones with money that was included in their budget. Brett replied that the fee would come out of one of the lines in the groups budget. Kimi suggested that an inventory of the equipment be taken and determine how much they are used before deciding what to do. 6. Typewriters The ones in the office don't work. Brett asked the Board to consider if it is worthwhile to spend the money to get one that does work, and make it available for student use. 7. Appointments Committee This is composed of the Exeuctive Board and any of the Directors that wish to join. The committee interviews and selects students to sit on various Law School committees. Because next week (10/5) is first year break, the Board will interview interested students on Wednesday and Thursday nights of the following week (10/5 15&16). The finance committee has traditionally been picked by the Treasurer him/herself. Vicki stated that she had no problem with the finance committee being chosen in the same manner as the rest of the committees. John pointed out Art. 4 5.2 provided for this mejhod. Diana made a motion, seconded by John, that the finance committee — — be chosen in the manner provided for in the constitution. Motion passed 16-0-1. Diana asked why the selection was not more formal. Karen pointed out that we want to make the SBA as open as possible. Kimi suggested that if we had a form for people to fill out we might be able to get some basic information before the interview. Tammy pointed out that the Board doesn't want to pre-judge anyone before we meet them. John and Vicki added that we don't want people to have to spend a lot of time filling out forms, especially when we can meet them faceto-face. Brett said that we wqnt .to make it as dissimilar to firm interviews as possible. Kimi thought that short forms with name, year, etc. might make the process more organized. Jack noted that it wouldn't take too much efforttofill something like that out. Diana made a motion-, seconded by Derek that we have interested people fill out individual slips of paper containing name, year, committee, etc. Motion failed 6-9-1. Brett said he will post signs announcing positions on the various committees and people can sign up outside the SBA office. NOTE: There will be a firm no sub rule for interview times. 8. Parties Brett said that anyone who wants to organize a party for the Law School should contact one of the Executive Board. Nietsche's has expressed an in- ' — terest in hosting a Law School bash. The GMA has asked the SBA if we want to co-sponsor a Halloween party with them on 10/31. Decision tabled until next week. Nancy suggested that we should inform people that soda is included in the cover price for "All you can drink" parties. — 9. Dean Search The Executive Board interviewed 12 people to fill the two sports open for students on the committee. Two first year students were chosen: Kyle Maldiner and Jim Hayden. Brett said that Greiner doesn't like the fact that they are both first years. Diana asked why he doesn't meet them before he decides whether they are able to fill the positions. Brett said he will send Greiner a memo voicing the SBA's support of these people and suggesting he meet with them before making any judgments about the kind of job they'd do. 10. Commencement The cochairs for the graduation committee this year are Carol Fitzsimmons and Tina Simpson. They are the only ones who expressed any inclination in doing it. Anyone interested in planning graduation is welcome to be on the committee. Next year marks the 100th anniversary of the school's existence, and Professor Hyman'would like to see it celebrated in style, particularly the commencement ceremonies for the Class of '88. Brett suggested that an ad hoc commit- — tee be formed to start working on the keynote speaker for next year, to get either Cuomo on Wachtler to speak. — 11. Dinner-Dance Eddie Meijas has done some preliminary work in arranging a dinner-dance for next semester at the Hyatt, with tickets to cost $15-20 per person. 12. Activity Fee Hike —Jack suggested that an ad-hoc committee be formed to investigate the feasibility of raising the activity fee so more money will be available next year. After a bit of coaxing, John Williams accepted the job of heading the effort, and Kimi offered her help. — Right now 13. Election Rules there are no hard and fast rules concerning elections. Brett would like to see some people work on formulating some rules for the conducting of SBA elections. Any proposals would probably have to go through the rules committee. Andy said that he would help. — 14. Misc. Derek suggested that perhaps the SBA could hold meetings in a moreformalistic fashion, and that the meetings should be held in a place other than the first floor lounge. Brett commented that there have been suggestions in the past to move the meetings to room 106. The decision was tabled for later review. Meeting adjourned at 6:55 p.m. Financially Speaking Student Loan UpdateFrom Financial Aid Office by Kathy Peterangelo Johnson Many people have been asking about their Financial Aid Forms (FAFs) to see why they were not considered for campus-based awards, like College Work Study (CWS) and the Na- tional Direct Student Loan (NDSL). For those of you who may not have had time to visit me to ask, here is a synopsis. The primary reason for not being considered for NDSL/ CWS is because the FAF was recorded in Princeton after the much-publicized March 15 deadline. Even if you sent the FAF in two weeks before the deadline, and, even if the FAF was received by the 15th of March, it is still very probable that your FAF was not recorded until after that date. If your FAF . was recorded after March 15, you are, unfortunately, out of 4 luck with respect to NDSL/CWS for this academic year. But, never fear..". 1) this does not mean you can't be considered for TAP, GSL or ALAS for this year and, 2) NDSL and CWS are reassessed every year. This means that you just make sure you send in your FAF for 1987-88 earlier. Another reason why you may not have been considered for NDSL or CWS is because your file is incomplete or was incomplete at the time the law awards were processed. What makes a file incomplete? Well, most often it is the absence of one or more Financial Aid Transcripts (FATs). The University is required to have a FAT for each postsecondary school of attendance regardless of whether or not you received aid from that school. There will be more in- The Opinion October 15, 1986 regarding these transcripts later, but for now, just remember that schools are notorious for delaying in sending out FATs. Therefore,_it's quite possible you did request that a FAT be sent to UB but formation that it never got here or got here late. ' Another measure of a com- plete file is determined by when a verificationwas completed on your FAF. This year, the government began to select approximately 30 percent of the FAFs processed for verification. This meant that if you were selected for verification, the University was required to validate all of the information on the FAF against an independent source (i.e. tax forms, affidavits, etc.). THE UNIVERSITY WOULD HAVE CONTACTED YOU IF YOU WERE SELECTED FOR VERIFICATION AND WOULD HAVE INFORMED YOU AS TO WHAT DOCUMENTS WOULD BE REQUIRED TO COMPLETE YOUR FILE. If your FAF was selected for verification, no action could be taken on your financial aid until ALL of the requested items were received by the Main Street Financial Aid Office. This includes NDSL, CWS and, most importantly, your GSL and/or ALAS. I hope this information has been helpful to you. REMEMBER the government will continue to select FAFs for verification from now on. EVEN W YOU WERE NOT SELECTED FOR VERIFICATION THIS YEAR, YOU COULD BE SELECTED IN THE FUTURE. If you should be contacted by the University for additional information because of a verifica- tion, please be prompt in returning the requested information. As always, remember to contact me if you have any questions at all pertaining to your financial aid. THE PASSWORD: I' 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) 594-9696 (201) 62} 3363 �Kemp Urges 100th Congress AdoptPlan toEliminate Poverty; Proposes Comprehensive Seven Point Legislative Package On Thursday, October 2, Congressman Jack Kemp (R-NY) today told the Congressional Black Caucus Legislative Conference that "America must have a genuine national commitment from the people up to the highest levels of government to wage war on and help eliminate poverty as a way of life in our nation. The next frontier of the civil rights movement in our society is to move America to full employment without inflation and achieve our goal of a livable income for each and every person in this nation." "We can resolve this problem of poverty with energy, imagination, and resources, putting forth and enacting a positive legislative agenda to achieve in our lifetime genuine equality of opportunity for every person, irrespective of color, culture, or socio-economic background. "This agenda should have as its goal the creation of conditions for low-incomefamilies to stay together and move up the ladder. We know how to eliminate poverty. We have the solution. We must now make the necessary national commitment to make those solutions a reality. We can't put America to work without putting all Americans to work, and our highest social and economic goal must be jobs, housing, and education for all. In our Judeo-Christian society, we need both a platform below which no one can fall, and a ladder on which everyone can climb." Kemp urged that a oncrete legislative package should be 1 i - put on a fast-track with the lOOth Congress, and include the following: 1) "Welfare Reform. Our welfare system is a mess and a disincentive to building successful families. It is an outrage to subsidize family breakup by giving more welfare to a family where the father or mother is absent from the family. Although I understand that means tests can be rationalized on both moral and budgetary grounds, we must find the way to eliminate high effective tax rates on enterprising welfare families who stay together and take a job. The phased reduction of welfare benefits combined with payroll and income taxes gives the enterprising poor very little income if they enter the workforce. In fact, in the county of Los Angeles it is typical for a welfare family to face a de facto marginal tax of up to 278%. That's like asking a welfarerecipient to pay the government up to $3 for every dollarthey earn. "Welfare reform will be at the top of the legislative agenda for the 100th Congress, as it should be. In anticipation of that debate, I have joined with my colleagues Bill Gray, Arlen Specter and Pat Moynihan in introducing legislation which we hope will make a positive contribution jto a change in welfare policy. Our bills, H.R. 5064 and 5065, are entitled the Opportunities for Employment Preparedness Act and the Aid to Families and Employment Transition Act. Basically, these sist in the transition from welfare to work. This is not a comprehensive welfarereform proposal, nor do I claim that our proposal is perfect. But I think it is a stepping stone towards a more pro-family, pro-work, projobs, and pro-job training welfare system. I'm pleased to say that this effort is strongly supported by the Urban League, OIC (Opportunities Industrialization Center) and the Martin Luther King Center." 2) "Tax Incentives and Relief. The increase in the personal exemption to $2,000 is a giant leap forward towards helping low-income families escape poverty, but it is only the beginning of a genuine moral effort to allow poor people to keep more of their hard-earned income and dig themselves out of poverty. In my judgment, the personal exemption should be increased more, much more, and the income tax threshold should also be raised, as budgetary conditions allow. The exemption would have to be about $6,000 today, just to shield the same proportion of family income as it did in the fifties. In the near future, we should also consider eliminating both employer and employee payroll taxes on poor people, in order to foster more enterprise and more jobs. 3) "Enterprise Zone. Can you believe that Enterprise Zones an idea which has been en- bills give welfare families the dorsed by the Congressional / / I — Black the Caucus, Urban League, and the NAACP, as well as otherpro-opportunity groups —is not yet a reality for our nation's poor?, How can our national leaders, especially those few in the Houseof Representatives who are blocking this reform, allow Enterprise Zones to remain an unfulfilled promise? I am especially pleased that our new enterprise zone bill incorporates a recommendation by Rep. Charlie Rangel to allow the immediate expensing of up to $100,000 in new investment in any enterprise zone. Our new bill can create a lifeline of entrepreneurship and new job creation in areas suffering from hopelessness. Let's pass this long-overdue bill and let's do it now. 4) "Urban Homesteading Resident Management. The essence of a pro-opportunity agenda is to give all Americans greater access to income, property, a decent home, and a respectable and safe neighborhood. Our Urban Homestead Act, which I introduced along with Del Walter Fauntroy, gives and every public housing tenant thatearned opportunity for selfhelp and self-enpowerment. It would guarantee every public housing resident the 'right to buy' their own housing communities through tenant management groups. In order to protect the housing stock for the poor, our bill requires for the first time in law that the HUD Secretary make a yearly report on the need to provide additional resources to meet the housing needs of the poor. UJith Bflß/BRI tin 53 Ss! I £); «; , i Wouldn't it be great if we could get an advanced start on a poverty agenda and pass Urban Homesteading before we adjourn?" s)"Job Training. Job training programs are also a linchpin of any society that upholds genuine equality. I think we should be expanding the Administration's JPTA (Job Training Partnership Act) and other such programs because they can spawn the vocational education and training forreal jobs. 6) "Magnet Schools. Magnet schools are an innovative idea to achieve voluntary integration and quality neighborhood education. There is nothing more fundamental to the future of our children and nation than support for excellence, integration, and equality of opportunity through local education. 7) "A Full Employment Economy. A national commitment to a full employment economy is really the first and foremost means of creating a durable ladder to better job opportunities and greater income for the unemployed and poor. We can't be satisfied with the slow growth rates we've been experiencing. We need full employment, full plant capacity, and millions of new jobs if we are going to fulfill that hope of eliminating poverty. Tax, and trade policy must be aimed at full employment, moreaccess to capital for minority business men and women, and stable prices with low long-term interest rates." monetary, \ I Hearing is i If believing, fl S gi access to employment and job training assistance they need to gain meaningful private sector jobs at a decent wage, and as- Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll getan earful. 1 ® I J^ J V I ; 1 t i \ 160 Commonwealth Avenue Boston, Massachussetts 02116 617/437-1171 » [^ fe THE NATIONSLARGEST AND MOST PERSONALIZED BAR REVIEW 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 «^g£<g >^ gjjg, October 15, 1986 The Opinion R* 5 �iHT OPINION STATE UNIVERSITY OF NEW YORK AT BITFALO SCHOOLOF LAW Volume 27, No. 4 October 15, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Staff Photographer/ Photo Editor: Paul Hammond Layout Editor: Susan Clerc Production Editor: Wendy Ciesla Contributing Editor: Amy Sullivan Contributors: Vince Falvo, Shelley Rice, Brett Gilbert c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academicyear. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. Tihe Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics. Inc. Editorial: "Choose Substance, Not Procedure" In the study of law we are taught that following "proper procedure" is often crucial. We are also taught, however, that sometimes the interest of a larger authority in enforcing a regulation is outweighed by the interests of an individual or group of individuals in not being regulated. University Provost William Greiner, a former UB Law Professor, will not accept for the Dean Search Committee the names of the two students chosen by SBA to represent student interests in the search for a dean. By not following the prescribed procedure and simply accepting the two students. Central Administration would have for the Committee two experienced and enthusiastic people who are essentially the choice of the student body for representatives to the Dean Search Committee. The SBA Executive Board was chosen by the students of this law school to act as our voice in dealing with the Law School and University Administration. Acting in this capacity, the Executive Board chose Jim Hayden and Kyle Maldiner as the student members ofthe Committee. They were chosen because after careful consideration, it was decided that these two will best embody student interests and concerns, and will speak and act with those interests and concerns in mind. The Provost's office claims to have nothing personal against Hayden and Maldiner. However, it demands that a list of student names be submitted from which the Provost will choose the two he wants. This is the way all of the other members of the Committee were chosen. But it is relatively easy to select from a list of prominent local attorneys who have the backing of the Bar Association, or from a group of former fellow professors. In the case of students, however, SBA might as well submit a list of student numbers from which Greiner could select two at random. SBA was asked to submit a list of possible students to the Provost. Instead, SBA made it easy and gave Greiner the names of two people who are the choice of the student body and who will serve the Committee well. For some reason this is not good enough. This is not a case in which SBA wants to take control of the Dean Search or hamper it in any way. SBA simply wants to assure that in the search for a dean of the Law School, student concerns will be presented and heard. They chose two people from the student body who are willing and able to do this. As one law student has said, "If Greiner would stop being a fascist about this whole thing," maybe the Dean Search would get underway soon. 6 The Opinion October 15, 1986 Angered Parking Protester Lambastes "The Boy Mechanic" Mr. O'Shaughnessy As a participant of the parking protesters, I was outraged by "The Boy Mechanic" of Oct. 1. What makes you think that you have the right to decide what issues are appropriate for others to protest and which are not? It seems to me the height of hypocrisy for one who upholds the importance of freedom of speech to criticize others for speaking out on a matter that concerns them. You said that the protest of Sept. 17 was "selfish and trivial" compared to those of the 1960s and that 60s protesters "would vomit" at the thought of parking as an issue. It isn't "the TV news clone" who doesn't remember the '60s but you. If you did remember you would know that protests against the draft and for civil rights coexisted on college campuses with demonstrations against curfews, dress codes, and, yes, lack of parking. University students of the '60s fought for and won a voice in policy affecting them because they protested for it, not because the administration decided to reward them for being nice, docile children interested in world peace. It was precisely this voice that was being defended on Sept. 17. Parking is a problem confronted by the majority of students at this university and half of the lots near the Spine were taken without consulting the student body's elected representatives. How can you, in good conscience, pretend that stealing the lots is not "emblematic" of the consistent disregard of student needs exhibited by the University administration and that this disregard, if not open hostility, also led to closing one studentunion without building another? I also fail to understand your resentment of local TV and campus paper coverage of the event. What is the purpose of holding a protest if not to get attention? Paul Verdolino did go overboard, but he was only one of the hundreds who showed up, most of them more concerned with being heard by President Sample and Vice President Doty than getting on TV. Even the 1960s causes attracted a few who went along because it was fashionable and fun to defy authority. Your accusation that protes- ters were only there as a resume-building experience is both mystifying and suspicious. How exactly do you think we'll work this into our resumes, and why? Before you accuse others of taking a stand solely to enhance job potential, you might pause to consider your own record of siding with faculty and administration in any situation that pits them against students. You should also keep in mind that an accusation of triviality sounds a bit ironic coming from someone who reviews bars. If you feel so strongly that there are better causes to protest for, why don't you cut the sanctimonious snivelling and organize a demonstration? Sincerely, Susan Clerc NYS Trial Lawyers Assoc. II Annual Seminar Set for Oct. 25 Dear Fellow Members of the Bar: Our annual seminar entitled DECISIONS is being held by the New York State Trial Lawyers Association on October 25, 1986 at the Sheraton-Buffalo Airport on Walden Avenue at I-90 (Exit 52E), in Cheektowaga, New York, from 9:30 a.m. to 5 p.m. Our speakers are Prof. Richard Farrell of the Brooklyn Law School, a well-known appelate lawyer; Lester Fetell; Brian Shoot; Bert Bauman; and Sandra Krevitsky Janin, spe- cialist in trial and appellate medical malpractice. Each of the speakers will review the important cases decided in the past year in their respective fields, which include New Legislation; Municipal Liability; Products Liability; Motor Vehicle Liability; Pleadings, Venue, Consolidation & Forum Non Conveniens; Evidence; Disclosure and Discovery; Damages Construction Accidents; and Medical Malpractice. Each of the speakers has put in a tremendous amount of preparation and research into their individual presentations. Their work will save time in research and help us to present our cases more effectively. Each year, more and more lawyers are learning of the value of this seminar. Each year more and more lawyers are learning of the value of this seminar. This has been reflected by the attendance of over 150 lawyers at our last seminar. It is not necessary that you be a trial lawyer or a member of the New York State Trial Lawyers Association in order to attend. You may register by sending your registration directly to the New York, N.Y. 10038, with your check for $75 if you are a member and $95 for non-members. You may register at the door provided you call my office at 852-1000 to make this advance registration. If you are interested in joining the New York State Trial Lawyers Association at this time, it can constitute a $20 savings in the cost of the registration and I would be pleased to provide you with the necessary application forms upon your requesting same. I look forward to seeing you on October 25, 1986 at the Sheraton-Buffalo Airport. » Sincerely, Paul W. Belt? Local Chairman (Editor's note: Mr. Beltz said the seminar is free to all interested law students.) In The Public Interest On The Watch For Seminar Papers A reminder to ail second and third year students who are or should be thinking about semi- nar papers: In The Public Interest is a review of law and society published annually by a student editorial collective. Staff membership is open to all SUNY Buffalo Law School students. This journal is committed to printing articles which examine legal issues within their historical, political and social contexts. We welcome articles from faculty and law practitioners as well as written perspectives from other disciplines, but our main source of material is law student seminar papers. Last year we received 30 papers and were able to publish five written by students as part of their seminar requirement. In other words, as long as you have to write a paper, why not let us read it? You have nothing to lose but the cost of a copy. IN THE PUBLIC INTEREST is distributed to all UB law students and faculty as well as to law libraries and public interest organizations around the country. Please keep us in mind when selecting your topics and writing your paper. If your article is accepted for publication, you will have ample opportunity to revise and edit it in conjunction with the ITPI staff. When the seminar deadlines roll around, drop a copy of your effort in room 118 or in box 366. If you have any questions, contact either Molly Dwyer or Sara Nichols. The Opinion letter to editor policy Opinion The encourages letters to the editor. They should not exceed 300 words. All letters must be signed with name and address. The name can be omittedfrom publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit letters and accept or reject them on the basis of content or space. �The Boy Mechanic by Kevin O'Shaughnessy Blow Dried QB Scrambling for Substance Several recent articles by The Buffalo News (which has endorsed "supply side" Jack) have focused entirely on the latest polls and Kemp's possible margin of victory. (Pretty incisive political journalism, huh.) The Congressman's people complain they're running against the media's expectations (i.e. if "Trickle Down" Jack doesn't win big, his presidential hope will dim considerably). Someone ought to remind them that "Laffer Curve" Jack is running for Congress. UB Communications Professor Dr. Gerald Goldhaber, a longtime associate of Kemp's and a man whose polls are fre- quently cited by the News, insisted that Kemp will win big. I took a course in Political Communication during the fall of 1982. Dr. Goldhaber appeared as a guest lecturer and confidently predicted, with one week left in the Cuomo/Lehrman Gubernatorial Campaign that Mario Cuomo would win big (a 10-15 percent margin). The 1982 gubernatorial election was one of the closest in hisCuomo won by approxtory imately 2 percent. Itis my firm belief that Dr. Goldhaber missed his true calling as a Buffalo weather man. Meanwhile, the "blow dried" ex-quarterback turned Con- . gressman, whp claims he's "never ducked anything in his life," has spent this campaign talking about pools, defending his voting record, denying .. shady campaign financing (i.e. the tax exempt American Renaissance Fund which is allegedly for educational although Jack admits, work "In this case, I am the educator,") and avoiding tele- vised debates with Keane (he has gone from three to one). Jack Kemp is hiding behind an image and the polls. They are all he has left. Jack has toured the nation preaching the "Laffer Curve" and "Supply Side (even David Economics" Stockman admits Supply Side won't work.) Jack's brilliant economic theories have been unable to bring prosperity to the nation or his district. Republic steel plants. As Keane likes to point out, "Last year Kemp spent one night in his district he slept in the Buffalo My fondest image of Jack was an appearance, via sattelite, on the Today Show. Jack, After the "study break". Councilman Keane adjourned to the Sweet Home Cafe to discuss the campaign, politics, and Jack Kemp. Keane humorously explained that he had achieved two of his three personal goals: looking "sporty" in his light colored golf shirt, was acting as an official observer of the Nicaraguan "elections." He reassured Bryant, Jane, and the nation that he was watching democracy in action. I sat therewatching this conservative buffoon, wondering what he was doing in Nicaragua, thousands of miles from the Bethlehem and ... Hilton!" "I've been mentioned in Mother Jones, I've been in a Tole's cartoon, all that's left is to make a Doonesbury." I hope he makes it, as the man who put Jack Kemp on the unemployment line, a . by Dana Young The Cutting Edge NYS "Toxic Tort Discovery Rule" Is In Effect Imagine you are plaintiff "P". You are a 21-year-old female who has justfound shehas cervical cancer. Further, your mother took DES while pregnant with you. Doctors have determined that the DES your mother ingested is responsible for your present disease. You are obviously very upset and want to sue the manufacturerof DES for the high medical costs you are going to have to pay, as well as for your pain, suffering, and possibly, death. Under the old tort law, however, your cause of action is barred. You would have had to file a tort claim within three years from the last date of exposure to the DES. You probably weren't even born at this timel If this sounds ridiculous, the fact is that this has been the settled law in New York State up until July 30, 1986. On July 30, a major legislative change took effect in New York's tort law when Governor Cuomo signed into law a "discovery" statute of limitations rule for cases involving exposure to toxic substances. Sometimes referred to as the "toxic tort discovery rule," this reform will allow victims exposed to DES, asbestos and other harmful substances to initiate claims which would otherwise have been barred by a three-year statute of limitations which began to accrue following "last exposure." This is a very significant breakthrough for these victims as many were unaware of their injuries for decades subsequent to their in- or ingestion of the toxic substance in question. This law will be pseudo-retroactive, allowing for "revival" of past claims within one year of the effective date of this act. The statute. Section 2 of Chapter 682 of the Laws of 1986, amends the Civil Practice Law and Rules by adding a new section, 214 (c). There are two effects of this section which every law student thinking ahead to the bar should understand. The first provides that in any case where a plaintiff has been exposed to a substance, the statute of limitations is to be computed (accrues) from the "date of discovery of the injury by the plaintiff or from the date when through exercise of reasonable diligence such injury should have been discovered by the plaintiff, whichever is earlier." This language, of halation course, raises interpretative questions as to what "reasonable diligence" is, and whether an objective or subjective standard will be applied in deciding when a person should have "through the exercise of reasonable diligence" discovered an injury. The second effect of the statute is to revive claims which are now time-barred. There are several strings attached withregard to this provision, however. First, the only claims which will be revived are those involving exposure to five specific substances: DES, tungsten-carbide, asbestos, clordane, or polyvinylchloride. Second, the claim must be revived within a year from the effective date of this act, i.e. by July 30, 1987. It should be noted that this act applies to claims for property damage as well as personal injury. Thus, an action for property damage, say from asbes- tos, can also be revived. The act also expressly addresses wrongful death ac- tions. Wrongful death actions can be revived, but only if the action would have been barred at the time of decedent'sdeath. In other words, if a personal injury action was not barred at the time of death, but counsel messed up and failed to file a death action within the two-year statute of limitations period, this act will not help revive it. The plaintiff can only seek lawyer mal- practice. Finally, the act expressly excludes dental and medical malpractice claims under CPLR 214 (c). All medical malpractice claims are still governed by CPLR 214 (a). The legislature made an interesting distinction in the framing of the "discovery" rule portion of this act. While the act now indiscriminantly allows claims to be made three years from the "discovery" of the injury alone, there is also a second provision which allows a victim who discovers the cause of his injury after the three year limitation period has expired to institute a claim. A number of jurisdictions have other adopted a "discovery of cause" rule rather than a "discovery of injury" rule, but it is unclear why New York is trying to adopt them both. Specifically, section 214 (c) (4) provides that if a plaintiff discovers the cause of his injury more than three years but less than five years after the injury was or shouldhave been discovered, that plaintiff has one year within which he can file a claim. This protects that class of victims who learn of their illness, but do not know of the connection between their disease and their exposure to some toxic substance. While it is commendable that the legislature is interested in the welfare of such victims, it is unclear why they did not simply adopt a "discovery" rule triggered by discovery of cause. The same problems that necessitated the adoption of a "discovery" rule upon discovery of injury, i.e. latency and lack of knowledge of the injury, can be argued to necessitate adoption of a discovery of cause rule, i.e. distant causal links and lack of knowledge of wrongdoing. If the legislature philosophically be- lieves that a person can discover an injury, but not discover the cause until later, then there is no reason to make a random time limit as to when such claims can be made. In addition to a time limitation on initiating "discovery of cause" actions, the burden of proof is also on the plaintiff to allege and prove that the "tech- nical, scientific, or medical knowledge" which would have enabled him to ascertain the cause of his injury was not "discovered, identified, or determined" within the initial three year period following "discovery of the injury." Again, many interpretative questions are raised as to what information concerning the cause of injury is sufficientfor plaintiff to have been able to ascertain the connection between the cause and his injury; how well this information must be publicized; etc. It should be noted that defense counsel will have to be wary in trying to prove that information did exist and was sufficient for plaintiff to ascertain a causal connection during the three year period following discovery of injury as they might be inad- vertently admitting causation at the same time. In conclusion, the enactment of this statute is a welcome step in tort law, despite a few ambiguities and inconsistencies in the provisions. As the statute is applied through the courts, hopefully these kinks will work themselves out. What is important is that a significant number of victims of toxic tort exposures will now have a chance to be heard in court on the merits of their case. This is a fundamental right, and on July 30, New York joined 42 other states who have similar "discovery" statute of limitations rules ensuring that such victims receive this right. by Vince Falvo Commentary Democratic Revival Blowing in "Political Winds?" In announcing his candidacy for the presidency in 1988, former Delaware Governor Pete DuPont made a curious observation on American politics: "The morning after the next election day, the American people are going to realize that Ronald Reagan is not going to be president forever." This incredible prophesy, damnation to some, salvation to others, was meant to perhaps imply that the American people will realize they want the heir to a chemical fortune to be president. Aside from his original intention. Governor DuPont makes a legitimate point. The passing of Election Day 1986 shall bring to a close the Reagan Revolution and usher in the period of post-Reagan politics. As the political struggles of the first Reagan term recede into historical perspective, what remains during the postReagan period is how historians and future policymakers will interpret this storied legacy of fiscal conservatism, military the and interventionism, scaled-down federal initiative. Clearly, the chief cause for this shift in the political- winds is the withering of the original Reagan mandate. Whereas the first Reagan term brought to Washington the most rigorous, ideologically rigid agenda since the New Deal, the Reagan administration now seems satisfied to govern on an ad hoc basis with few new policy initiatives. Although events such as the Rehnquist appointment, Gramm-Rudman, and the tax reform bill promise to carry the next century", they follow no affirmative agenda originating from the White House. Additionally, the traditional conservative cuts and rearming the beleaguered military has noticeably softened. The unqualified success of the Reagan forces in 1984 has permanently legitimized and established the conservative manifesto in the political mainstream. In doing so, however, the Reaganites have lost the moral passion and revolutionary fervor which made their success in the summer of 1981 possible. Republican candiates no longer speak of the desperate need to check the free-spending, gross taxation policies of the Democratic Washington establishment, but rather how best to perpetuate and refine what Reagan has wrought. The rallying cry of 1984 of "Let's finish the job!" has been replaced by thoughts ofhow best to build on the completed Reagan Revolution. The collective public statements of Mrs. Bush, Kemp, DuPont, Dole, et al. shall serve as evidence. The force of Reaganism In 1980-1985 was predicated on the presence of a counterrevolutionary force seeking to subvert it. Now that the Democrats have abandoned hope of a return to the political atmosphere before Reagan, the minions of the Reagan Revolution face the problem of maintaining a constant state of revolution in the post-Reagan era. The second clearest indication that the conservative revolution has ended is the willingness of the Democrats to look continued on page 11 October 15.1986 The Opinion 7 �The Cafe: HardwoodFloors & Men's Room Doors by Kevin O'Shaughnessy Many people contend that Rooties Pump Room is the best bar near the Amherst Campus; it is popular with the Bennigans, Chi-Chi's and Friday's crowds that like to eat greasy wings in designer jeans and . Reeboks, then call it slumming "meeting the real Buffalonians." Sorry Rooties, you're a distant second behind the Sweet Home Cafe. The Cafe is the perfect cure for common academic ailments: mind bending exams, all night writing/typing forays, and the "what am I doing with my life" blues. It is my favorite place not to get reading done. Guiness is always on tap ($.95 a glass, $2 a mug). Additionally the bar features happy hour specials (Monday through Friday 4 p.m. 7 p.m., two bottles of domestic beer for $1.95, and $3.25 pitchers of Michelobe Light or Genesee beer and ale), free popcorn, and an all world juke box: not as electric as Anacone's Inn, but rich in Rock classics like "Radar Love" by Golden Earring, "My - Woman From Tokyo" by Deep Purple, and "Long Haired Country Boy" by Charlie Daniels. BAR REVIEW At the Cafe, suits, flannels, leathers and T-shirts tip'em back together. Some of the crowd looks pretty rough, but I know of no trouble ever beginning. People come to relax, unwind, and watch periodic bands (once or twice a month). In addition to the jukebox, other entertainment includes chex hockey, electronic darts, pinball, and bowling. The man- agement claims the kitchen is a "couple of months" from completion. Good news for shy male customers who have not patronized the Cafe since spring: management has installed a door on the men's room! However, this innovation may increase the traffic near the front table, which, until the recent installation, has afforded one of the more interesting vistas in Western NewYork. After an intramural football or Softball game the Cafe is a dependable bar where the beer is always cold. It is open during the day unlike Rooties, which unpredictable has . business hours. Weather permitting, a picnic table sits on the porch to facilitate hassle-free outdoor drinking. And no one turns the collar up on his polo shirt. come to think of it, no one wears a polo shirt. The Sweer Home Cafe: "No Polo shirts." ,.^-^^ "" '"?aeW 'i S%i. r A First-Year's View Untold Treasures Await Students Willing to Explore by Shelley Rice If you haven't yet, I suggest you explore and discover Buffalo with a few friends. The whole first year class in one place at the same time may change the natural environment of an establishment. If you're on a budget, you may discover less expensive wings. If price is of no concern, you may discover where the best wings, wines, and sundries are. During the Fall Break, I ven- tured downtown/midtown. There are some very nice places. There are Latin shops, Asian food, Italian delights and if I left any group out, it's not because they're not there, it's only because I did not discover them yet. Dare to go where "you may not know anyone." You may discover you will meet someone you know, and you may find those who have similar mores as yourself. I agree with Dorothy that "there's no place like home," but since I did not make it there for the Fall Break I made the best of Buffalo. On Allen Street I felt a breeze of NYC's Greenwich, with its small restaurants, shops, and bars, each with varying degrees of creativity and atmosphere. I actually found a place I could dance, to sounds similar to NYC's Garage. Imagine there's someplace for everyone here. Delaware Avenue is the equivalent of NYC's Fifth Avenue. There are very beautiful window displays where no prices appear, suggesting that "if you have to ask the price, you probably can't afford it." There are also very elegant establishments that have the air of being visited by wealthy and stuffy old men. There are very large mansions turned office buildings and at three in the morning, you can imagine it would be nice to live on a quiet street like Delaware with a large grassy yard and wealthy neigh- bors. At 4 a.m., with a friend, I happened upon a disco roller skating rink off Main, and a Freddy's Donut Shop. I even ventured out during the day and met some town folk. I was referred to several nifty thrift shops and nightlife taverns. There's plenty more to discover. So far, Buffalo's all right. I realize I haven't gotten caught in a snow drift yet, but since I will spend three years here, I'm being optimistic. I haven't seen it all and I hope it will get better. Guardian Angels ...... maximum. The oldest member is currently 80 years old. To become a Guardian Angel, you must not have a serious criminal record. You must be The Opinion schedule for the 1986 Fall Semester is as / working or going to school or be able to demonstrate how you support yourself. After being screened an applicant must complete a three month follows: number over 5,000 members in COPY DEADLINE* LAYOUT** 27:5 M0n.,0ct.20 Thur.,Oct.23 Wed., Oct. 29 27:6 M0n.,N0v.3 Thur.,Nov.6 Wed., Nov. 12 27:7 Mon.,Nov. 17 Thur.,Nov.2o Wed., Nov. 26 27:8 Mon., Nov. 24 Sun., Nov.30/ Fri., Dec. 5 ISSUE �Deadline is 12:00 noon. . DATE OF PUBLICATION Mon.,Dec. 1 "Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room| 724 O'Brian Hall.. * Staff meetings are held every Tuesday at 6 p.m. in the office. 8 The Opinion October 15, 1986 continued frompage 2 training program that usually requires 10 hours per week. After the physical training in self-defense, CPR, the penal code, the constitutional rights of making a citizen's arrest, and patrol techniques, a trainee must contribute a minimum of two patrols per week. The Guardian Angels now 61 American, Canadian, and Mexican cities. But it took the group two years before they gained any recognition. The Guardian Angels were in Atlanta, Georgia during the period of child kidnappings and killings. At the time, they were told by Mayor Jackson, "We ain't got no damn subway problems, go home." After they succeeded in Atlanta, they were invited elsewhere. Now Mayor Koch says, "I love the Guardian Angels." The Guardian Angels do not carry weapons while on patrol. Before going out on patrol; each member is searched for drugs, drug paraphenalia, al- continued on page 10 �Outside Interests Threaten Gridiron Dynasty by Kevin O'Shaughnessy 3 L Sec. 2 (formerly 1L Sec. 2, 2L Sec. 2) opened the intramural flagfootball season with a 48-6 victory over LAMBDA to the Western New York Collegiate Flag Football Tournament. Critics say a majority of the team has spent the off season "cashing in" on the team's gridiron prowess. Quarterback moments early (the score was a 14-6 after the first quarter), last year's champs pulled away and cruised to victory. Second year man Mike Herb was key to the victory: "At firstthe defense was having trouble with their audibles, we thought they were in code. But I figured out that they were in Spanish after that it was easy, all their plays Rick Resnick spent the off season as "Ravishing" Rick Resnick, a professional wrestler in the southern circuit (reruns of "Ravishing" Rick can be seen on WTBS, Atlanta, Sundays at 3:00 a.m... Don't miss his Texas Chain Match against Brutus Beefcake). Also, Resnick has just finished taping an exercise video with llyle Alzado which will hit the stores near Christmas. Wide receiver Joel Schecter (who missed the home opener for "personal reasons") has opened a series of dance studios for young girls: Schecter's Tap for Tiny Tots. When asked about his failure to appear in the opener, Schecter replied, "I've got to prepare for my life after 3 L Sec. 2 the guys have to understand that the girls need me." Sources close to Schecter indicate he last week. After a few anxious . were on 'uno'." Signal caller Rick Resnick led the team in rushing and passing (7 carries 73 yards; 14 of 22 for 367 yards with 5TD's). Will "The Whiz" Zickl and Bruce "Big Hands" Hoover led the team in receiving with 6 catches each. Defensive end John Formica led the team with 8 tackles and 3 quarterback sacks. Storm clouds may be on the horizon for the 3 L Sec. 2 dynasty, which captured the fall and spring crowns, in addition ... was in New York City to interview for a co-hosting job on "DANCE FEVER", Team officials have refused to comment on whether Schecter will be fined. Offensive lineman Keith Fabi has opened Fabi's Fabulous Fitness Centers. The centers have combined Nautilus workouts continued onpage 11 B.F. Skinhead David Lynch's film Blue Velvet is a modern Alice's Adventures in Wonderlandwith morbid Lynchian undertones and a fairytale ending. Lynch's Alice is an ail-American small town teenager named Jeffrey (Kyle MacLachlin). Jeffrey falls "down the rabbit hole" into a sordid land of wonder via a severed human ear, and after a cathartic process of growing up, fitted back into the ultra-pleasant facade of his home town, Lumberton, USA. Like Alice, Jeffrey is drawn into a foreign and frequently unpleasant situation by an insatiable curiosity. As he meanders home one day he chances upon a moldy bug-infested ear. He takes it to a policeman, his neighbor, who then takes Jeffrey and the ear to the Town Coroner. As the Coroner begins to examine the ear the camera closes in on it, and ultimately ventures into it. There begins apparent that the singer's dingy neighborhood has been shielded from Jeffrey's idealistic view all his life. Entering it, he becomes entwined in her sado- masochistic nightmare, propagated by her husband's mani- acal kidnapper, Frank (Dennis Hopper). Frank is the Mad Hatter, and Jeffrey, as Alice, is invited to a frightening tea party peopled by thugs, transvestites and a hefty but scantily clad female who dances on the roof of a car as Frank and hisfriends dance on Jeffrey's face. Perhaps unintentionally, David Lynch adds interest to his story much as Lewis Carroll did in Alice. Alice's Adventures in Wonderland takes on the appearance of a children's tale, but it is not really for children. In the two stories that make up Alice's adventures, Alice meets up with Humpty Dumpty, the Quixotic White Knight, and the Knave of Hearts who stole the queen's tarts. Most readers would be familiar with these characters, but Carroll shows them in a new light by putting them in new situations. Simi- exploits with Dorothy, the nightclub singer, tells Sandy, "I think you're a neat girl." He tries to carry this over into Dorothy's world and be a hero, but he soon discovers that hisheroism is undesired and out of place. Like Alice, Jeffrey grows up through his adventure. He is stripped of his innocence and naivete by being drawn into an alien world and trying to ultimately escape with his sense of self intact. As the adventure is about to end, Jeffrey discovers the body of Dorothy's husband. He has tried to act without the police through the whole story, but at this point he says, "I'll let them find you themselves." Jeffrey has seen that he can't be a hero and now simply wants to get out. Alice goes through the same process of growing up. Her maturation is manifested at the Knave of Hearts' trial when, tired of the game and growing to a gargantuan size, she swats at the Queen's courtiers and says, "You're nothing but a pack of larly, Lynch conjures up the boy next-door and the girl nextdoor in Jeffrey and Sandy. Sandy sits in front of a loud and brightly-lit chapel telling of her dreams of love, and marvels, wide-eyed, "It is a strange world." Jeffrey is no less typical as the boy next-door who, while taking a breather from his cards." Throughout the movie Lynch plays games with his viewers. He never allows them to become complacent. It would be simple to establish a plot and follow it to the end, using all the right cinematic techniques in-all the right places. Instead, he injects his story with some of the expected directorial RES IPSA LOQUITUR /\\| f /Vx I /\V/\ I I [yY f\ / I \jh ' I I I \ J . Hoov'", can be seen Monday through Friday, 5:30 a.m. to 6:30 a.m. "It's a blend of sports, viewer phone in interviews, and some real funky tunes sort of Greatest Sports Legends meets the Grateful Dead. Next week Grace Slick and Curt Flood will discuss the relation- Blue Velvet: David Lynch inWonderland by Jeffrey's adventure. From the policeman's daughter, Sandy (Laura Dern), Jeffrey finds out that the ear used to be attached to the kidnapped husband of a tortured and tormented nightclub singer (Isabella Rosselini). Sandy takes Jeffrey to the singer's apartment building and reluctantly agrees to help him get inside. Although Lumberton is portrayed as a very small town, it is 3L. Sec. 2 with low calorie Italian food. Keith recommends the "Leg lifts with lasagna workoutforall you folks trying to trim your caboose." The air waves have claimed tight end Bruce Hoover, who hosts a local morning variety show for Orchard Park residents. The television show, "Groovin' with the T/ie iPayer Qfov yorinstate - MuCtistate "Bar fyviav offers an continued onpage II A [(/ \ j\J "Bar Tiym. "We emphasize integratedapproach to the 9ie.iv sophisticated memory techniques, essay uniting skss and a concise, organizedpresentation of the law. you Wittbe prepared and confident. I Ir-^ PIEPER NEW YORK - MULTISTATE BAR REVIEW [j\ It speaks For Itself. 90<Wittis Avenue, Mineo[a,*(y 11501 Tekpfwne: (SIS) 747-4311 PIEPER REPS BRIAN BORNSTEIN DORIS CARBONELL JUDITH KUBINIEC MARIA LOTEMPIO AMY MURPHY MARK POLLARD f\fy /\V (\) \T\^ JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 October 15,1986 The Opinion \ I / 9 �Human Rights Law & Policy Group Plans Films, Talks on Apartheid, Latin America, Third World by Dana Young The Working Group on Human Rights Law & Policy met for its first organizational meeting of the 1986-87 year on Thursday, September 25, in the student lounge. Approximately 15-20 students showed up to continue or become involved in the group, as well as just find out what the group stands for. The Human Rights working group was created last year and has as its purpose to be a forum in which interest in human rights in the University community can be expressed. The group is sponsored and funded through the Baldy Center. Directing the group this year is Professor Claude Welch, a faculty member in the political science department. He initiated the meeting by having each person in the group describe their area of interest within the broad realm of human rights issues. Interests ranged from conditions in Latin America, apartheid in South Africa, the question of what "universal human rights" actually are, reproductive freedom in developing countries, the politics of starvation, to general interest in any and all of the above. One thing that the group as a whole agreed on was the desire to educate students within the law school community. The group hopes to conduct discussion groups on specific is- sues, show films dealing with various human rights topics, invite in guest speakers, and get more people involved in learning about human rights. One suggestion is to recruit representatives from local political action groups such as the Center for Justice and the Western New York Peace Center and have them talk about these and other organizations which fight for human rights in our local area. Another is to set up a panel discussion on Central America with both hard-core left wing and hard-core right wing representatives in attendance. Such a panel discussion could prove both heated and interesting! The working group has already conducted one discussion group on Legal and Policy Problems in Central America. This discussion was planned as a "lunch discussion" and took place last Thursday, October 2, on the third floor O'Brian-Baldy Bridge. It is hoped that similar informal lunchtime discussions will be held, so keep your eyes and ears open for the time and place. It is not clear at this point how much of an "activist" role the group will take with regard to human rights. It was clear from this meeting, however, that it is the students who will make the decisions about what they want to be involved in and accom- plish. Thus, the activist nature of the group will reflecl the activist nature of the students involved. Finally, the working group on human rights is an open organization. All students are welcome at any time to join and become involved in learning more about human rights issues. Professor Welch is an especially approachable person and very interested in having lots of students in the group, even if just to listen! Anyone interested in the group should contact ProfessorWelch or Idelle Abrams (Box 291) or simply watch for signs announcing the next meeting. Job Hunting in the Big Apple Interviewing Hints for the Budding Corporate Dog by Larry Mullin Skyscrapers, sweaty palms, new suits, and red power ties were the order of the day as scores of UB law students flew southeast for the annual New York City off-campus interview program. The event was a smooth success thanks to the heroic efforts of the Career Development Office. Special acclaim goes to Audrey Koscielniak, the fearless (and sometimes fierce) leader of that department. (Ask a stupid quesget out of my office!). tion Although a small contingent of public interest firms and agencies was present, the main focus was on the high salary, long hours, corporate firms. Student reaction towards the . . prospect of working in a New York City "sweatshop" was mixed, despite the obvious fi- nancial rewards. Many were concerned about selling out their ideals or becoming a cog in the corporate machinery of a huge Manhattan law firm. Others felt that two or three years in the "big time" would give them the finances and resume to go anywhere. There were others who faced no moral dilemma. As one young, robust fellow stated flatly, "You can't beat the One money! Holy Shit! thousand dollars a week! I'll do — anything for those big bucks I'll wear knee pads every day!" However, most of the firm's representatives this reporter talked to felt that knee pads were by no means necessary to make it in their law office (no portance only to lack of moral reservation in judging potential for success as a "city" attorney. pun intended). For the week prior to the trip many third year students gave tips on the dress and style appropriate in interviews. Some of the more helpful suggestions included: Carry your brief case in your left hand so that you can give your sweaty right palm a few affect one's gas— Nerves cansystem. tro-intestinal To avoid embarrassment, go to the bathroom before each interview. All in all, students felt thatthe firm representatives were far more genuine and friendly than had been expected. Moreover, many students were pleasantly surprised to find out that recent UB grads were doing the interviewing. These latter interviews — Never, — never ever mention your strong desire to do large amounts of pro-bono legal work. would often break down into relaxed rap sessions about favorite professors and the latest antics of Schlegel. good swipes before the standard pre-interview handshake. For other helpful hints it was widely recommended that stu- After the.long day, a large number of the thirsty participants hit the Yuppie scene of theSouth Street Seaport. As for this reporter, a walk on the wild side through the GreenwichVillage punk joints was the preferred method of blowing off ties — Men should wear power suggesand white shirts. This tion may account for the fact that 90 percent of the neckties were bright red. Wear a good WOOL suit. Fashion sense is second in im- — dents confer with Professors Katz or Freeman. Oddly, very few people stressed the importance of presenting yourself in an articulate, confident fashion. So yp-u still think substance is more important than form? steam. Guardian Angels continuedfrom page 8 cohol and weapons. They provide many volunteer services to local communities. These include escort programs for senior citizens and the handicapped. Their patrols are made on foot, horseback, and in automobiles. The Angels also or- ganize food distribution programs for the hungry and the homeless. Curtis also spoke out against the role models that are available for young men today. We feel comfortable with Mr. Ts, Scarfaces, and a man like Richard Pryorwho blew himself up freebasing cocaine. Where are the role modelsfor the inner city youth?" asked Sliwa. Curtis feels that our criminal justices system abandons us and bends overforthecriminal. "The bottom line is that society always fails to look out for the rights of the person that was I Citizen's Commission on Criminal Justice For Buffalo and Erie County, Inc. Victim / Offender / Community j victimized," Curtis continued. "Crime and drugs are human relations that require community— the "us and we." He explained, "The catalyst for the Guardian Angels was the hundreds of storied I heard of victims; I resurrected old values." The purpose of the Guardian Group Legal Services H PLEASE JOIN US for dinner, an awards ceremony, and a panel-and-audience dis- = |jcussion with Commissioner George Grobe, Jr. (Crime Victims Compensation Board), — —— —— Reripients- William 0. Douglas Award Dorothy L. Shields Award Dennis Wittman Bonita Hampton Fr. Roy Herberger, Special Commendations: Mark Mahoney, AudreyMang, Joel Maten, Ellen Yacknin I 6:30 - 9:30 | Dinner and The Opinion October 15, 1986 415 14072 (716) 636-254H (June License) 10 --- p.m. 1 Moot Senior Citizens Center 292 High Street a one-year CCCJ membership: Sl.Vsingle; $25/double. We appreciate your reservation: CCCJ, Box 207, Grand Island. NY ... Apply Mon. 10a.m. 5 p.m. Tues. 12:30 p.m. 5:30 p.m. Wed. 4 p.m. 7 p.m. Thurs. 12:30 p.m. 5:30 p.m. Fri. 1 p.m. 5 p.m = Maurice Garner (New York Citizen Action Network /1 (moderator and chaplain, Albion Correc-1 I Wednesday, October 15, 1986 Attention: Applications are now being accepted at Group Legal Services in 214 Talbert Hall, Amherst Campus (636-3056). sßlock Clubs) and Rev. Cheri Farr-Keipper Award — is a slow methodical process," concluded Sliwa. Positions available for STUDENT WIDE JUDICIARY DEFENDERS How can we restore to wholeness victims, offenders, and the communities from which they / we come and to which they / we return? = tional Facility). failures LAW STUDENTS Reintegration gClarence Jones (ex-offender), Angels is to fight crimeand provide positive role models for young people. "The moral imperative is that in the future it can no longer be, we want perfection or we won't even try. Success justifies many 3 V Seventh Avenue, Suite 62 New York. New York 10001 (212)594-3696 (201)623-3363 X �Dean Search Committee into the deanselection process. He wouldlike to set up a student forum at which students could voice their opinions as to what is important to them in a dean. His impressions of what students need and want would be filtered back to the Committee. He is willing to take a strong stand because the acquisition of a permanent dean is not something which can be put off. Hayden remarks that he does not want to see this year's search take until December to get started, as the last Dean Search did. Unfortunately, though, according to Dr. Albino, it will be a while before the search really gets going. After the student members are finalized there will be an organizational meeting, and then the Committee will have to determine what it wants to do regarding advertising and recruitment. "Ordinarily you try to do a lot of recruiting before you get anyone," and Albino predicts that it will be at least December Keane continued from page I before any dean candidates are invited to Buffalo for interviews. SBA's other studentchoice is Kyle Maldiner, who majored in Psychology at Wells College, a women's college on the shores of Cayuga Lake. After graduating from Wells, Maldiner took time off before applying to Law Schools. She applied for a staff position at the Marriott Hotel and was instead hired as a Personnel Assistant and was quickly promoted to Personnel Manager. During her three years at the Marriott, Maldiner estimates conservatively that she interviewed about 1500 people for various positions in the company, including General Managers. Consequently she is very comfortable with conducting interviews and is not afraid of having a part in a very major decision which will ultimately affect the entire Law School. "I am comfortable in my ability to select the right . person." While shewas Person- nel Director at the Marriott the hotel won several awards for the hospitality of thestaff. Maldiner estimates that she hired 75 percent of those on the staff at that time. She attributes her success in hiring theright person to knowing what she wants to hear from the candidate. She evaluates a position to determine the necessary qualities of someone in that position and then looks for those qualities in the person she interviews; "Even in an adverse hiring [situation] I can be successful if I know what my goals are." Maldiner adapts well to any situation and "can relate to diverse kinds of people." To obtain student input Maldiner plans on talking to students from Ist, 2nd and 3rd years. Given her Psychology background, she would not be opposed to conducting a randomsampling, simply stopping people in the halls and asking what they want in a dean, and then asking herself, "what words keep coming up?" When she knows this she can figure out what to look for when resumes come in and candidates start arriving for interviews. Although the Provost is asking for a total offour names and biographies, the SBA is giving its support to Jim Hayden and Kyle Maldiner. They were chosen carefully from a selection of twelve well-qualified candidates, and SBA is going to stand by its decision. The two students who are selected by Provost Greiner will join Professors Lee Albert, Dianne Avery, noted that his brother, Richard, is a member of the New York State Assembly's committee on with questions from the floor. Students quizzed Keane on Barry Boyer, Thomas Headrick and Alfred Konefsky. Law School Administration will be represented by Assistant Dean Aundra Newell. There will also be three local practitioners of law: Mr. Leslie G. Foschio, Mr. Robert P. Fine, and Ms. Dianne Bennett. The Dean Search Committee will be Chaired by the Dean of the School of Architecture, Dr. Michael P. Brooks. The University "needs to involve apartheid. A large sectionof the 31 st dis- largest industry. The chairman of the House Committee on Agriculture, currently lacking a New York State representative, trict is rural, and Keane reminded his audience that agriculture is New York State's assured Keane a committee seat. Keane, who has been endorsed by the Sierra Club, also agriculture and stated, "We'd make a good one, two punch" for NewYorkState agriculture. The "study break" concluded such topics as: federal employee drug testing (Keane condemned the tests as "Gestapo tactics"); abortion (Keane is opposed to abortion on demand Fraser Another aspect of the comparison between Canadian and legal conceptions Fraser wants to "try to figure out is exactly how applicable the Critical Legal Studies (CLS) critique is" to Canada. "CLS is an incredibly American institution," said Fraser. "A lot of the critique and argument that CLS makes is based on the American constitutional and political experience which is not directly transferable to Canada." While some of it obviously is, said Fraser, it is problematic because Canada, in its political organization "much more resembles a European social democ- racy and welfare state than it resembles the U.S." This is a question Fraser will be exploring this year. On the question of national identity inside Canada. We define ourselves defensively, so when we're in the U.S. we're Canadians because we're not identity, As a result, Fraser does feel like an "immigrant" in the U.S. but finds that "the culture shock isn't as great in Buffalo as it would be somewhere else." Fraser finds that "when I'm in Canada, I don't identify myself as a Canadian because it is my thesis and my belief that there's no Canadian Americans." Thuronyi In other cases, literally dozens of people have to sign some trivial piece of paper. There's not a lot of reason to it." After his stay in the Treasury Department, Thuronyi didn't have a specific idea of what he wanted to do next. He had enjoyed some aspects of private practice, which he did for three years after he graduated from Harvard Law School, "but it's not really where my heart is. I'm more interested in helping to improve the laws than helping out some particular client. There are some types of practice where helping clients is helping people, but in tax law it's usually just a financial thing." Teaching offered Thuronyi the opportunity to focus in on public policy questions and to spend time thinking about laws "to see if you can think of ways to change them and understand them." Teaching, Thuronyi found, is a very different experience from his previous jobs, where he was working with either other tax lawyers or with kind of communication. You are communicating with people who are not versed in yourtechnical field, but it still involves a technical element, so it's a tricky job." important responsibility will be to the students of the Law School, and the selection of a dean must take into consideration the needs of the student foody. SBA's Executive Board was aware of this when they interviewed for.student representatives, and this awareness resulted in their selection of Jim Hayden and Kyle Maldiner, who will contribute a great deal to the Dean Search if they are just given the chance. _ continued from page 2 Canada is so close and Canadian TV and radio are easily accessible in Buffalo, so "I can find out what's going on at home." Fraser commented, "I have a sense when I'm not here of not being American but I also don't have a great sense of loss." continued frompage 2 course. "The government takes a lot of money out of the private sector through taxes." The question of who gets to keep what "is an important thing for people to think about, no matter if you want to go into tax law or not," said Thuronyi. economists. "It's a different tional mood of the post-Reagan period. The race for the presidency in 1988 remains in a state of wild, abandoned speculation. Complete hysteria, and the advent of the post-Reagan era, should begin, as Governor DvPont put it, "the morning after Fate and the market have not been kind to middle linebacker Brian "Born" Bornstein (the self proclaimed Jewish Brian "Boz" Bosworth). Bornstein had been hired by ESPN as a color man for their U.S.F.L. telecasts. The "Bom's" future hangs with the fate of the league. He also invested most of his play-off money on People's Express Airlines friends have hidden all the sharp objects in Bornstein's Westminster Avenue Mansion. Defensive end John Formica and free safety Tony Cutry have formed a small holding company which, as they have termed it, "is heavily involved in chemcial research." The young entrepreneurs see a bright (and brightly colored) fu- ture for their partnership. Mike Herb and Jer/y Sperienza, the undergraduate defensive backs, have created a record company: Cid Records. Herb and Sperienza feel they are close to luring Warren Zevon, R.E.M., and Lou Reed continued frompage 7 beyond it. The present crisis 01 conviction within the party which followed the 1984 fiasco is a desperate search to regain lost constituencies and redefine its purpose. The public hand-wringing of many Democratic officials and the rise of Democratic policy forums seeking to reexamine the party's mission are symptomatic of a recognition that Reaganism has achieved preeminence in national politics. Democrats are no longer interpreting the Reagan presidency as the temporary insanity of the electorate. Doubters will find the last Democratic candidate who tried to resurrect the traditional liberal mantle not on Pennsylvania Avenue but on a lake in Northern Minnesota. The passing of the turmoil of the Reagan years into the post-Reagan era hasforced the Democrats to reforge their message as itforces the Republicans to redirect their energies and consolidate their gains. ship between the '67 Cardinals and the Jefferson Airplane Album Surrealistic Pillow," explained the amiable tight So what, then, does this postReagan period promise politically? Will the following years see a reentrenchment of the conservative beachhead established in the Reagan Revolution? Or could we be poised on the edge of another New Frontier similiar to Eisenhower's final two years? The answer lies in which party and whichcandidate can best capture the na- Two day service in most cases! About 5 minutes from Amherst Campus Controversy has surrounded Will "The Whiz" Zickl during the off season. The white wide out posed for a series of mesh underwear advertisements. Phil Zickl, Will's older and somewhat reserved brother, is disgusted with his brother's exploits. "-He looks like he's smuggling grapes," the distraught sibling explained. "At least he had the good sense to invest the 'tainted' money wisely", added Phil. The Zickl brothers have opened "Phil and Will's Bait Shop" in their home town of Batavia. 1111111111111111111111111111111111111111111l THE PASSWORD: ACCU-TYPEsetting, Inc. • Tn. Amherst, NY 14120 Rd.) (offSweetHome Rd. betweenNo. French& Tonawanda Creek - (716)691-7480 • Dependability • Fast Service Moderate Prices 41* Scrralk ATCMC. Me U New Ywh. New T«k lOooi (lll)*»4-3** (101) *»-))*) the next election." continued from page 9 Football end. NEED RESUMES IN A HURRY? 47 Christine Drive but would allow it for cases of rape, incest, or a healththreatening situation to the mother); and the death penalty (which Keane favors as a deterrent). Because of the effect the tax law has on the economy and on society, Thuronyi thinks it is good that Tax I is a required Democratic Revival Quality It is indeed important thatthe dean of our Law School be someone, who can accept a wide range of responsibilities. However, the Law Dean's most continued frompage I in South Africa and favors sanctions against government American constituenciesfrom outsidethe (Law School]" in searching for a Dean. As Dr. JudithAlbino remarks, "When we search for a dean we're looking not just for an individual who has major responsibilities within the Law School, but without the Law School" in the University itself and in the community. . Blue Velvet into a special recording session entitled "A Vicious Reconstruction of Werewolves on theWild Side." The pair deny rumours that Cid Records is the target of a record pirating investigation. Defensive end and Player Representative Kevin O'Shaughnessy was rumoured to have spent the off season in Nepal: drinking scotch, eating Grape Ntrts, and penning his memoirs. continuedt'mm page 9 cliches, but puts them in unexpected places. After Sandy and Jeffrey leave the building where Dorothy lives, the camera dramatically zooms in on the street sign; it is straight out of film noir. However, nowhere else in the movie is the street mentioned or referred to by name. Lynch seems to be begging his audience to see something profound in his imagery and then laughs at them when they do. It is tempting to analyze or psycho-analyze Blue Velvet, a film which its directorrefers to as "the HardyBoys in Hell." The film is packed with Freudian characters and Oedipus complexes. It is more tempting, however, to venture into the severed ear and finally exit from Jeffrey's ear musing as Alice does, "I've just had the most curious dream." October 15, 1986 The Opinion 11 �A 12 The Opinion October 15, 1986 c 1986 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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Opinion Pictures Presents Few Applied, Fewer Interviewed, And when it was over NO ONE WAS LEFT! ... :::::::::: <i| i MDAn AII CI cr_ TCDDAD iiiiiiiiiill B g foot ""'UNPARALLELED "I laughed, I cried, -and that was just in the men's room ::===::=:= Sjjjjjj::: - Gene shalit 1 j I •<• Where smy milk hum 9 • everything he knows , ~ -The feel-good • . ,/ •■■■■•■■■■ ■ «»•■■■■■ ■■■■■■■■■■ ■■■■■■■■■■ ■■■■■•■■■■ ■■■■■■■■■■ j,.j (lUGS.■>" •* iiiiiiiii: H:::::: ...THE MOST____HORRIFYING MOTION . _ _ j XJi5gP YOU'LL ' ::::;:;:•• I::!:::::: •••••••••• "' ' I w/ I ::::::::■: iiiiiiiii: «-■-_-■■•■ ■■_•■■____ :=::;:=::; ".____!__ ■*■■■■■■■■ ._.... 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Recommended , By Manufacturers- - /y/ , &„_,Decker _. :::::::::: I i:::::::::! [- haven ] THE BUFFALO LAW DEAN MASSACRE* A film by OPINION PICTURES Starring WILLIAM GREINER and £*•»*? y LOUISE TRUBEK Directed by THE UNIVERSITY ADZ jjjjjjijjj I _•■*_ *** __. ro/ ■■_■■■■■■■ ■■••••-■•_ II f_M_'W at > vi_ _tril__l__fl_ UIIIaUVIV aHH is true. •••••••••• Hi::::::: th N W W» !»«*__» ■_■___■_■■ :::::::::: happened :::::::::: |§just _ ______*_______ «K________H__f____.\ Save me a wu ___rF'w_l ____Ki3 __i �9*_____^^ ff — __*■—_"■»■■■■■■■■»■■ —"ex Keed Ira mßm *_____mff7TTt____ ____4W2____ m n !■___ _____ » Sk ____K_l____Fl 0(7 I tlj / )J_f /- m iiiiiiiii: :::::i:::l WL_ L. |">__a_as_ tvtK btt! :::::::::: wWll '~ 4*te__T v [.I ,* m r§-_\Mw \# Lb r% K-f ISSHIiH out of the hills for this one L_ Weekly World News { 1 ' 1 seen - Anonymou , and parts of THE BUFFALO LAW 1 ' | MINISTRATION .JL. SCHOOL FACULTY* | "ZZZZZZZZZZ" . . • — JrC c " " — Students' Rights Flushed as Teachers Take Toilets __„ «_JL. ■■■■■■■■■■■■•■■■■■-■■•■«■■■■■■•••• «# '-r Movie *■ Trac by Krista Hughes In the wake of the faculty parking lot crisis, ÜB's Central Administration has announced that as of November 1, as many as one third of the University's lavatories will be designated "Faculty Restrooms" and will be off-limits to students. The announcement came on Monday, October 20, at an open meeting of the University's Presidential Advisory Board. UB President Steven Sample, in an attempt to justify this decision, explained: "Teachers have to have someplace to go where students can't follow them it has come to my attention that teachers are frequently late for classes and important appointments because students follow them into the restrooms and begin asking time-consuming and often irrelevant questions. Our plan will bar students from certain restrooms only during the hours when teachers are most likely to be using those facilities, specifically, between 8 in the morning and 4 in the afternoon." ... Sample remarked, "Hopefully this step will help to alleviate the problem of teacher tardiness, which is, I might add, through no fault of the teachers •■■■■■■■■■■■■■■■■■■■«■■•■■■«■■*■■■■ ■■■■■■■■■■■■■■•■■■■■■■•■■■■■■■■■■•■ m imm themselves." Sample alluded to the parking situation and commented that the allocation of the six most accessible and convenient parking lots to the exclusive use of faculty and staff was "a perfectly valid plan." However, "noisy students espousing trivial 'student rights'" have apparently gotten in the way of the "smooth running" of one of the administration's most concampus-related troversial plans. Yet Sample does not pre- I —-« —t-.1 u r. >T I<:tED ,B_, HMimtuß iwi >K _^km c ,?._„im r»wiT _T> wim-111l ■■■■■■■■■■■■■■■■■■■■■■■■■■■•■■■■■•■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■» .....«•••••••••■«•••••■■•■•■■••■••■ ■ ■■ .■ I. II iom Headnck UUI room that teachers and staff members venture elsewhere to re- students to use." It is unlikely, however, that Sample's assurances will prove to be comforting or placating to the student body. Undergraduate Student Association President Paul Verdolino, in a poorly attended press-conference held shortly after Sam- students to band together once again to protest yet another demeaning administrative decision. I for one am prepared and willing to take off my shirt again and demand that students be given back their bathrooms." Those closest to Verdolino have suggested thata restroom sit-in may be in the offing. Although details are still sketchy, SA's plan would call for three or four students to occupy each ple's announcement, stated: "It newly designated faculty rest- dent opposition to the proposed faculty bathrooms scheme: "There are still lots of bathrooms all over campus for and politely appears that it's time for all UB diet that there will be much stu- request lievethemselves during theduration of the protest. An announcement concerning the date of such a protest will not be made until a day or two before the demonstration is to take place. Students are advised to pay attention to the The Spectrum, The Opinion, and the mailroom wall for a date and time. continued on page 16 "Jaws of Life" Free Trapped Students by Barb Dwyer The "Jaws of Life" were needed Saturday to free students trapped in Room 108 O'Brian during a "Future Interests" class taught by Professor Mugel. The Eggertsville Rescue Squad was summoned to campus by friends and relatives concerned by the prolonged absence of loved ones enrolled in the course, which meets for one hour each Saturday at 8:30 a.m. "Sometimes he's gone upwards of four hours," said the mother of one victim. "But when it started getting dark, I knew something had gone wrong." Indeed, it had gone wrong, tragically wrong. When rescuers pried open the classroom, they foundbodies piled high by the doors. Bloodied and broken hands attested to a futile, last ditch escape effort. Climbing over the fallen, they discovered some students still alive in their seats. Too listless to move on their own after their grueling ordeal, students had to be carried into the hallway and revived with coffee and other stimulants before they could speak of the harrowing experience. "It was a nightmare!" whim- pered one survivor.Another described it in more detail: "I lost feeling in my legs, my eyelids grew heavierand heavier. Soon I lost the will to move, or even live. It was like breathing in carbon monoxide." One poor soul was found crouching in a corner moaning "the horror, the horror" over and over. Doctors fear he will never regain his senses. "I've never seen anything like it," said one paramedic. sprawled were "People everywhere, glassy-eyed, staring into space. Like zombies, or something." Professor Mugel was reported in fine health and una- ware of the rescue mission. At last report he was still delivering his lecture. When reached for comment. Associate Dean John Henry Schlegel observed that this wasn't the first time something like this has happened. "Just last spring," said Schlegel, "we had to use the "Jaws" on Diane Avery's property class.And two years ago, we seriously considered buying our own set for Spiegelman's Civ Pro on Fridays. But it was voted down by the faculty." �bloody gore The administration, and Provost Bill Greiner, the people who shocked movie-goers with the senseless, of his last film, "The Buffalo Law Dean Massacre," bring you: * mmmm Earthquake II mmmm PRODUCED BY: Ineptitude MRECTED BY: California Senator Ross "t 1 TITLE SONG: "Provosts Just Want to Have Funds" ' — Cyndi Lauper '" M V Jtek v > V A . x \ extravaganza!" Bar Review Wars Wreak Horrible Happenstances by Dana Young It started out as a simple name-calling contest, but by the time it was over, at least one BAR BRI rep lay unconscious, knocked out by a high-flying Review "Multi-State Bar Course" book. A host of other Bar Bri and Josephson rep's suffered from ripped clothing, superficial scratches, loss of handfull clumps of hair; and coffee and doughnut stains. One Josephson rep was found stuffed under a bench, mummified in reels of "Hearing is Believing" cassettee tape. Administration officials, trying to understand what precipitated last Friday's unprecedented event, have been questioning students all week. It seems that hostilities had been mounting between the two rival factions for some time. Over half of ÜB's law students sell bar review courses for either Josephson or BAR BRI (Pieper, the pacifist bar review course, has reps but no one knows who or where they are). As a rule, every rep must sell at least two bar review courses in order to receive a free bar review course for themselves (the only reason for being a rep). YES, given the overkill of reps it isSURVIVAL OF THE FITTEST. Up until now, the methods of warfare have been insidious: masked Bar Bri reps sneaking through the law school late at night to rip down Josephson posters and announcements; Josephson reps stuffing student mailboxes with "BAR BRI SUCKS" flyers; and raging free pizza and beer wars on both sides. Most recently, a clever Josephson rep staged a "mock" Bar Bri "free pizza and beer" 2 The Opinion open house in room 91t-of O'Brian Hall. Most invidious (as~ opposed to insidious.) Motivated by increasing unease and suspicion, BAR BRI and Josephson reps set up their sales tables within hearing and seeing distance ofeach other in the first floor hall of the law school. Free doughnuts and coffee were permanently affixed to each table. The first few weeks of this arrangement proved uneventful, as both sides seemed to sit at an impasse, only occasionally fighting over interested students. However, as administration officials learned from a key witness, on last Friday the pent up competitive tensions finally erupted. As this witness recounted, it all started when a first year was accosted after class by a Josephson rep (JR) who started using the "Jim Jones" school of sales strategy, purring to the student in a soft, hypnotic tone on the necessity of buying a bar review course NOW, and the advantages of choosing Josephson, the "per- sonal" course. Picking up this conversation with hearing of a bionic nature, the Bar Bri rep (BB) yelled over to the student that everyone who is anyone takes BAR BRI, the "largest" bar review course. Before the student could respond, JR purred at him, "You're a big boy now, I'm sure you won't be influenced by what everyone else does, but make an intelligent will have a Here, choice .. doughnut." At this point, a crowd began to form. A handful of blue jacketed BB's took their place behind the BB table while the red October 29, 1986 jacketed JR's sidled over to their side. The student, quite bewildered, then made a grave mistake. He wimpered, "May I just have some information to readoverfrom BOTH of you?" In the onslaught of paper that ensued, no one could be sure whether a fight was going on or a ticker tape parade. The student responsible for the mayhem was observed running from the scene, stuffed like a scarecrow and spitting up wads of sales contracts and registration cards. Public Safety arrived on the scene, but not before the heavy artillery had been called out. It was an ugly scene. Tables were overturned at each end of the hall as barricades, and Multistate Bar Review books zipped through the air, crashing against floors, walls, tables, and occasionally hitting behind enemy lines. The hall was strewn with crumpled paper balls, reels of unwound cassette tape, mashed doughnuts, and puddles of coffee. All and all, a proverbial mess. No sanctions have been imposed against either barreview organization as yet. However, the administration hopes to come up with a recommendation within the academic year. Professor Marcus recommended giving all students involved a "D", until reminded that bar review was not a graded course. Former ActingDean Schlegel was said to be mumbling something about "scummy and disgusting behavior" and the decadence of youth today. Entertainment Law Attorney Peter Haydirt Represents Odd Pumpkin Meat Band by Manley Cave If you're interested in the exciting field of entertainment law, then you've probably heard offamous attorney Peter Haydirt at the firm of Stanley, Sherman, Miley, Wessel, Smith, Mckay, Evans, Stevens, Oldham, Seymour, Fenton, Felton & Feldman in New York City. Mr. Haydirt is by far one of the most acclaimed and recognized attorneys who specializes in entertainment law. Recently, I had an opportunity to visit Mr. Haydirt at his office, interview him, and follow him around for the day to get a feel for the practice of entertainment law. During my visit, Mr. Haydirt accepted a case involving both the civil and criminal defense ofEric "Larry" Bulgaria, lead singer of the famed "Pumpkin Meat Band." As you are probably aware, the Pumpkin Meat Band is a punk rock group from the Midwest. The band has been arrested and accused of various criminal' offenses during their tours, and rightly so. Lead Singer Larry Bulgaria often spits and swears at the audience. Bassist Darren Robinson has occasionally beaten and strangled members of the audience with his long bass guitar strings. Spancer Brunner, the band's drummer, has often taken out whole page ads in local newspapers advocating the use of controlled substances by local youth. Anyway, in the late afternoon Larry Bulgaria showed up at the law offices to confer with his attorney. The conversation which followed involved a discussion of the charges pending against Bulgaria. Evidently, Bulgaria became frightened at one of the concerts when a patron, holding a rolled-up poster, pointed it at the stage. Bulgaria states that he though it was a weapon, and at that point he started throwing cans of pizza mix sauce into the crowd. Several spectators were hit with the cans and injured, and Bulgaria was arrested for disturbing the peace. After consultation, attorney Peter Haydirt decided that he would use the "refrigerator trick" as a defense. This involves taking the position that Bulgaria was merely making pizza on stage when the cans of pizza mix accidentally fell onto the crowd, and that this was unintentional. A first amendment claim, that throwing pizza mix is protected expression, has been adopted as an alternative defense. The brief has been drafted, and the cases are on the docket for trial in November. Haydirt and Bulgaria are convinced that they will prevail. I had a chance to ask Mr. Haydirt a few questions about entertainment law: MC: How did you become interested in entertainment law? PH: I was in a play one time called Harvey. There was this rabbit which kept saying subliminal things to me. MC: Right. Okay, what's been continued on fHiHc "* �THE OPINION Volume 27, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 29, 1986 Gary Peller, Law Profs Debate Definition of Knowledge, "Intellectual Anarchism" by Idelle Abrams "Whatever Critical Legal Studies is, it is not monolithic," was the final comment after two hours of debateand discussion with Gary Peller, a professor at the University of Virginia Law School, and faculty from this law school, presented on Friday, October 17. Professors Alan Freeman and Elizabeth Mensch invited Peller to speak about the nature of CLS work to dispel the sense they have gotten from students that CLS is some "sinister but terribly well-kept secret," said Mensch. Peller began his discussion of the "Critique of the Critique of Power: IsThere a Place for Intellectual Anarchism?" by saying that his interest is in political change and in people acting out against authority. The problem, however, of political organizing on the left, as he sees it, is "how to get people to believe they can actually do something," how to overcome "people's passivity and feeling of powerlessness" to get themto resist. The classic liberal answer to how to get people to resist is the enlightenment thought that "promised that you could resist authority through knowledge." The authority that reigned in the Dark Ages of prejudice, superstition and mythology could be resisted through the acquisition of knowledge, by "bringing things to light." In this way, said Peller, you made "power answer at the citadel of — — reason." Knowledge is central to the notion of spiritual elevation in liberal thought. "The whole knowledge enterprise is very tied up in our culture in terms of the middle-class image," said Peller. As contrasted to the "primitive" the person who knows more, who has a greater self-awareness, is deemed to be the better person. In addition, knowledge is egalitarian. "Everyone can do the rational exercise. This is liberalism with all its Utopian flavor," said Peller. The problem with the glorification of knowledge, however, is the concomitant rejection of the self, Peller said. When you begin an academic experience, you have the sense thatthe understanding you started with "is somehow insufficient, that what you think is unenlightened." You suffer these feelings of inadequacy until you learn how to talk in the right language and develop "some defense about your beliefs that is more that that's what you feel like saying." Pellerused the example of his grandmother to describe this process of alienation in education. His grandmother, whom he knew while he was growing up, was an immigrant from Poland who had worked in the sweatshops in New York City during the 19305. When he started reading about that period Peller's first impression was, "This is really interesting. I didn't know this. This really adds to my concept of what was going on with my grandmother and her friends." But after reading for a while, Peller was left with the feeling that "everything that I knew about my grandmother is bullshit. The only reality is what you can prove." At that moment, said Peller, there's "a true existential denial of what you know, a repression that I experience as self-denial." It is in this instant that one can understand "that knowledge is a particular form of struggle and power. The knowledge that gets called knowledge is a particular victory of particular groups in a particular time and space in the world. That's what I want to fight against," he said. There are two possible responses then to this situation of knowledge and power, explained Peller. One possibility would be "to get into the argument" about knowledge. The other would be, as Peller described it, "to demonstrate that all claims to knowledge are just as superstitious as what is said to be superstition." In other words, "the category of reason is not a neutral category." The methodology that Peller uses to analyze this problem is deconstruction, which attempts to "displace and decenter text." He does this as an attempt to reclaim passion, superstition, rhythm and arationality as forms of knowledge. Peller then discussed three objections that could be raised to this analysis of knowledge. The first problem is one of circularity that any claim which attempts to expose the cultural assumptions about knowledge can itselfbe deconstructed. Peller's response was that "the — continued on page 4 Incoming First Year Class: Lower Scores, Fewer Women, More Minority Students by Dana Young How does the incoming first year class compare to those of thepast two years? Information provided by Ms. Helen Crosby, our Registrar, reveals some interesting, albeit statistically insignificant, insights into the changing composition of the first year Law School class. This fall, 261 students chose to be a part of this year's entering Law School class. This figure is slightly higher than last year, when only 256 students were registered, but slightly lower than the year before, when there were 275 students enrolled in the first year class. Of the 261 students who are now "ILs," 158 are men and 103 are women. As a percentage, this is 60 percent men and 40 percent women. Interestingly, the percentage of women enrolled has sharply declined. For the past two years, women comprised approximately 47 percent of the entering class. This 7 percent decline in enrollment status is attributed by Ms. Crosby to the fact that fewer women probably applied for admission, rather than to any conscious actions on the part of the Admissions Committee. Statistically, a one year decline have slightly declined every year for the past three entering classes. Those entering UB two years ago (they are the 3rd Registrar Helen Crosby such as this is insignificant, but the male/femaleratio should be monitored for signs of further decline. How does this first year class stack up academically against the past two? Not quite as well. The average GPA and LSAT score of entering first years years now) had a median GPA of 3.3 and a medianLSAT score of 36. An estimate based on an average, versus median, score was not available for this class. (However, according to Ms. Crosby, the median figure varies only slightly from the average, usually affecting the LSAT score such that it may be 1point higher.) Last year's first year class (now the tremendous 2nd years) had an average GPA of 3.27 and an average LSAT score of 35. This represents a slight decline. In further comparison, this year's first year class has an average GPA of 3.13 and an average LSAT score of 33. This decline is quite significant. Looking at these numbers, it seems a pattern has emerged whereby, on the average, GPA and LSAT scores are declining. One can postulate many reasons for this decline, among them a changing pool of applicants to choose from (perhaps due to the Gourman report) mandating lower standards of admission. While this is pure speculation, one hopes the administration will examine this phenomenon more concretely, determining those factors which are responsible for the decline, and ameliorating any problems (e.g. in public rela- tions, admissions process, etc.) within their control. The administration seems to Mandatory Drug Testing is Moot Ct. Issue by Amy Sullivan The 1986 Charles S. Desmond Moot Court Competition is underway. The week ofOctober 13, Moot Court competitors were required to hand in an outline of their arguments. The problem was written by Peter AbdeMa, chairman of the Problem Committee, along with the other committee members. The hypothetical problem involves an employee drug testing urinalysis program by the "Agency for Reforming the Bureaucracy." The issues that are raised include the right to confidentiality and privacy of the employees; the procedural requirement of the Due Process Clause oftheFifth Amendment; class certification; and search and seizure. Robin Checkla, director of the Moot Court Board, explained that this topic was chosen "because we thought it would be interesting, stir debate, and probably hit real close to home soon." A memo had been sent to participants regarding the requirements for the sequence in which issues should be address- ed. The decision had stirred concern among the participants. A final decision was rendered to adhere to this requirement. It was deemed critical by the Problem Committee in order to assure a clear and consistent organization of the brief. Due to the inconvenience, the deadline for the date of submission of the brief was extended until Saturday, November 1, at 5 p.m. There will be a chance for teams to attend oral practice rounds commencing Sunday, November 2. Preliminary rounds begin on Monday, November 10, followed by the quarterfinals, semifinals, and finals which begin on November 15. October be making a concerted effort to recruit more minorities. While last year's class had only 27 minority students enrolled (compared to 31 the year before), this year 50 minority students are enrolled in the first year class. Furthermore, while most oflast year's minority students were enrolled in the Legal Methods Program, this year there are 23 Legal Methods students. Thus, using basic subtraction, at least half of this year's minority students are en- rolled full time. Finally, a piece of trivia. Approximately 79 undergraduate institutions are represented by this first year class. This includes 2 students who came to UB from California (I'd like to hear the rationale for that deci- sion!). Statistics and numbers aside, the 1986-87first year law school class seems to embody a group of bright, energetic and fun individuals. Good luck with being a "IL." We are glad to have you! Inside .... Wallin Returns UB Grad at FCC .... New Billing Procedures SBA Briefs . PAD Initiation 29, ,1986 The Opinion ..... . 4 6 7 10 II 3 �Mock Trial Now Required for Sec. 1 Students by Melinda K. Schneider In the fall of 1983, Professor Charles Ewing started what has now become a fall tradition at UB Law School: a mock trial conducted in the Moot Court Room. The trial deals with a criminal date-rape case, State v. Rusk, and aside from Ewing, who presides as judge, its participants are comprised of law school and undergraduate students. Past participation in the trial was voluntary, but in this, the trial's fourth year, it has been incorporated into the curriculum and is mandatory for Section 1 first year students. Students in all three sections now take a course in, and receive credit for, "Perspectives on Lawyering," which includes professional responsibility. Included in the course for Section 1 students is participation in the mock trial. This year there were three trials held on Oct. 21, 22, and 23, because there are ninety first year students and a handful of upper level students involved in the six teams necessary to carry out the exercise. In the beginning, Ewing alone worked with students, but since the first year, former particip- ants act as volunteer coaches, and there are now 12 coaches for the six teams. The jury is made up of undergraduate students who volunteer after either seeing posters advertising the event, after reading an their part in it very seriously once they become involved. Ewing has used the same case for four years for several reasons: the case has a great deal of emotional appeal for students; it is one that they are has also noticed that the case it plays out differently than reading when reads. In general, the case, students tend to think that Rusk is guilty, and that it is an easy conviction. When they are actually involved in reenacting the trial, they realize that the issues are much more complex, and they see how difficult it is to convict. In only one previous trial was there a conviction, and that came after Ewing pressured the jury to break its deadlock. Ewing was concerned that because the trial is now required, students would be less willing to participate. He found, to the contrary, that they were just as enthusiastic about the trial as in previous years, and in fact seemed more interested in the legal theories of the case. This year's students requested jury instructions that consider not that "negligent rape" Rusk knew victim Pat would not consent, but that a "reasonable person" would have known. — Mock Trial Prosecutor mokes his point article in the Spectrum informing them about it, through Criminology classes, or just by word of mouth. The juries in general tend to take the trial and familiar with through Criminal Law; and it is not so one-sided that there is a clear cut decision anticipated by either the defense or prosecution. Ewing There is no mention of mens rea in rape cases, and Ewing's students seem to take the is- sues more seriously and think it should be a consideration. Ewing is not bored with his role as judge yet and still gets a kick out of presiding, although he may eventually have to change the case. It is still worth it to him to see students so excited about something in first year law school. Not only do students have the opportunity to meet other students, but Ewing himself gets to know his students better, and to meet them individually as they drop by to consult with him on the case. The students benefit by seeing that lawyering skills really can make a difference; that it is not just the facts or the law itself that determine the outcome of a particularcase. He is waiting for students in other sections to want to be involved because his own students seem to have so much fun with it. While the mock trial was Ewing's brain-child, Professor Fred Konefsky was the driving force behind the perspective program of which the trial is now a part. Ewing noted thatall Section 1 professors; Atleson, Avery, Engel, Ewing, Konefsky and Berger are really behind the whole program, and feel it enriches the first year curriculum. Wallin Returns from Successful By-Pass Surgery by Zulma A. Bodon well. Prior to his operation, Wallin had some responsibility over students' records and over most matters he said: "We have had some changes in the sponsibilities After a four month absence Assistant Dean Charles Wallin is back. During the summer recess he underwent a successful heart by-pass operation. Although his duties have changed somewhat since coming back, he remains responsible for the scheduling of the classes and final exams. Wallin has been assistant dean since 1971. Before coming to the law school he worked at ÜB's budget office and, prior to that, for the State of New York as an auditor-accountant. His reason for coming to the law school "was because of my knowledge and ability for budgeting." Wallin has served as registrar of the law school as concerning academic affairs. This, however, may change. When asked about his present and future re- administration. Professor Newhouse has come on board as acting dean since I was gone, and Professor Girth has come on board as associate dean. I used to have responsibility of the student records [but] I am not quite sure I am going to keep that part of the job." Wallin will continue, however, to play a major role with admissions. "I am more or less the one who remains constant with the Admissions Committee so that each year, while we may change admissions chairmen, I am the person [who remainsl ongoing with the Admissions Committee and have been since I started." A big part ofWallin's job, and one which is unlikely to change, is making recommendations to the Dean about the law school's budgetary matters. Equally important is his continuous involvement with annual statistical reports such as the one he is currently working on for the American Association of Law Schools (AALS). He considers this a complicated report which requires detailed statistical information about UB Law School for use by the AALS. Most American Law Schools belong to the AALS "who, through and with the American Bar Association (ABA), of which we are members, request, and in fact require, that all law schools send this report so that they can produce statistical analyses and data that are useful to many law schools." During Wallin's brief absence, things continued to run smoothly as a result of his prior planning. "I knew I was going attitude about the exercises program "is like a love-hate affair: "I like it when I am finished." And even though Wallin will not be finished with the program for six months, he fall before I left. The admissions were just about complete." Wallin expressed optimism about his health. "The by-pass operation was very much a success. I am on an exercise program three times a week." His Assistant Dean Charles Wallin continucdfrom page 3 purpose of dragging down the tree of knowledge to our human level of struggle is that I can say this without having to come up with a defense." The second criticism Peller addressed was that if no discourse can be elevated as knowledge "then you commit the liberal pluralist fallacy" that everything is open to discourse. countered saying, "I don't believe that at all. I want to repress a whole bunch of different discourses without any defense." A final criticism that could be leveled at his analysis is that it will not help organize people politically because people need to believe there's a master theory and that they're right. The question then, said Peller, is which approach is more debilitating to organizing "telling people they have to spout a particular kind of educated line or saying that power is at stake all over the place and it's okay to act on faith and passion without reason." — The 4 School Administrator. to have this operation. I got all of the scheduling done for the Gary Peller Peller remarked: "I feel good." He certainly looked in good spirits and ready to continue to perform the every day functions of an experienced Law Opinion Professors Robert Steinfeld, Jeff Blum, David Fraser, Errol Meidinger and Isabel Marcus responded to Peller's presentation by expressing their various concerns. Steinfeld was "not convinced that you don't do better being aware" and acting from knowledge and not just from passion. He felt that awareness can open up possibilities and understandings of political resistance that can't be had when you act only as a resultof passion. Peller disagreed and argued that awareness could just as easily show you why you shouldn't do anything, as it could open up other approaches. Blum was not willing to let go of the "tools of rationality legalism, federalism, constitu- — tionalism," because they "may be useful in what is the overwhelming political priority of our day" which is to work against the threat of annihilation in a nuclear war. "Society while having the exterior format of rationality in its dis- October 29, 1986 course is wildly irrational underneath." Therefore, Blum sees the rejection of all theory, and so the attempt to grapple with the larger picture, as "maladaptive" because "like it or not, all you haveis your intelligence to try to prevent your technology from destroying you." Fraser, as a Canadian, had a different perspective. CLS is an American phenomenon, stressed Fraser, that is of limited significance to the world outside the U.S., and even the rest of the U.S. outside law schools. He characterized CLS as "this bizarre phenomenon in law schools. It's white, male, law professors talking about repression and domination." Deconstruction is misused when it says that "oppression is everywhere, omnipresent, and everything is oppression." While this theory may have validity, said Fraser, "it is not true that the oppression I experience is the same as the oppression that the single black mother on welfare experiences every day, every minute of her life." Fraser argued that we forget about knowledge and epistemology and he advocated a return to magic and popular culture. Those are the ways people acquire knowledge in society, he said. People do not rationalize everything in their experience. People get messages through TV and popular culture, not through Foucault and Derrida," said Fraser. Meidinger agreed that white, male, law professors are not oppressed in "virtually any way remotely resembling the kinds of oppression that goes on all the time in our society" but sees the problem as how to forge a connection with oppressed people. One way to do this, he said, is to "see oppression as caught in ideas and visions of the way the world is organized."^ We don't, however, want to reject structure altogether, Meidinger said, but instead need to understand it. "To reject theory is to reject the only way we have to put the world together." The challenge for CLS then, as Meidinger sees it, is to start talking about "how we are going to choose" what good theories are and to describe what a good vision is of how we should relate to each other. Marcus was troubled by the discussion and all thetalk about "connection" because it seemed to be a replication of things she has heard over and over again at otherCLS conferences. As a feminist, the understanding that the personal is political is not problematic. In addition, the whole framework that sets up dichotomies between theory and practice, between public and private is open to question. It is the ability to understand experience, said Marcus, that helps people connect. The problems of sexism and racism are not being adequately addressed by CLS, Marcus continual on pugc L2 �Time id twucuuj oui! I É ; september ; JOIEPHION 9BS5BSS em Bl Hv ■ < :BARREVIEWCOURSE I ' I October I FflEE MPRE with course ' t[ ; [excluding Michigan) - 25% off Kluwer Legal Study Aids I (one time only) ; FREE Bookbag * I yourl : JOIEPHION i| - ; November For more information contact campus representative or LEGAL EDUCATIONA1 CENTERS, INC. 10 East 21 st Street, Suite 1206-7 New York, NY 10010 (212) 505-2060 or (800) 421-4577 inTTfTTf *' ■" Ql 1Q .' j t tmmmmmmm O .:;;--. O Bl IH BMMMWBMH n - h * @ 1986, Josephson/Kiuwer Leflal Educational Centers, Inc. M LJ October 29, 1986 The Opinion 5 �Student Recounts Job in Environment Law by Idelle Abrams The Buffalo Public Interest Law Program, in conjunction with the Career Development Office, presented a discussion of summer job opportunities in environmental law on Tuesday, October 14. Lisa Strain, president of the Environmental Law Society, discussed her experiences this past summer as an intern in the Environmental Protection Bureau in Albany, a division of the New York State Attorney General's office. The work of the EPB varies, explained Strain, depending on the administration. The Attorney General sets the priorities of the bureau. Since Robert Abrams, New York State's current Attorney General, is a strong environmentalist the bureau has been doing a lot of hazardous waste cases. This had not been the case, Strain was surprised to learn, before Abrams came into office. Now the EPB has been prosecuting and initiating cases in the environmental area, especially against toxic waste dumpers. "They are now going after com- panics that havebeen dumping for years and bringing administrative proceedings against them," said Strain. Strain, who had just finished her first year of law school, was very enthusiastic about her experience at the EPB. "It's excellent research and writing experience. The attorneys gave a lot of feedback. They really sat down with me and talked about what was my memoranda wrong, how to narrow them and how to write more con- — cisely." While most of her work as a first year intern was doing research and writing memos, Strain also had a chance to sit in on depositions and go to settlement meetings that arose out of the cases she was working on. The bulk of her work was on a nuisance case and on a case involving easements on land use and land controls. The nuisance case concerned a downstate chicken farm that was not properly treating the manure produced on the farm. The neighbors had been complaining for years but the company had not done anything about it. Now, because the cost of cleaning up the waste would be so high, the company is threatening to go bankrupt and walk away from the problem. This route has become increasingly attractive to companies and is causing big problems for the state, which is left to foot the bill for the cleanup. Previously, the state has arranged for a contractor to clean up the site. However, the state is now unable to get insurance, one manifestation of the insurance "crisis," so it can't hire someone to go onto the site to clean it up. Strain was also involved in a case dealing with easements on land use. Developers have purchased some land in the Shawangunk Mountains, a small mountain range along Lake Minnewaska, near New Paltz. "Described as a spectacular area," the state is concerned because the deed did not specify how much lake water the developers could use. "Ifyou take too much water out," explained Strain, "it will affect the ecolog- ical balance of the whole area" and could destroy the natural habitat. The field of environmental law is changing, said Strain, because the kind of actions that are being brought are different. "You're seeing a lot more criminal actions, where before you used to have a lot of enforcement actions." While the work of the Bureau in the past was focused on actions to enforce the regulations of individual agencies, now it is getting involved in holding corporations criminally liable and imposing criminal sanctions. "Imposing a $10,000 fine on GE doesn't really mean anything to them" and so has been an ineffective way to enforce regulations. Strain said. To increase the success of criminal actions, the Bureau has been working on a way to have the courts view the natural resources of the state as actual property of the state. "Then the Bureau could bring actions against companies for essentially destroying the state's property." One of the second year students in the office was working on this issue this summer, said Strain. "The really good thing about working for a state agency," said Strain, "is that you get a lot of experience. They're much more open about letting you do things and taking on responsibility than a lot of private firms might be." Also, while firms are looking primarily for second year students, government agencies will hire first year students. For those interested in work- ing in a state agency. Strain emphasized that it takes a lot of persistence. The agencies start looking fo people in January and "it takes them a while to get back to you. You have to keep at them," advised Strain. She didn't hear from the EPB until April because they were waiting to hearabout their budget. For this reason. Strain recommended that "you shouldn't rely on any one thing." Rather, you should pursue-many different options because You don't know until very lafe-wnich one is going to pan out, she said. Initiative Pays Off for UB Graduate at FCC by Diane Dean graduates applied for 12 positions at the Four thousand Federal Communications Commission in 1978, the year Jane Mago graduated from UB Law School. She was one of the 4,000 that applied and one of the 12 that got a job. During the fall hiring season that year, she didn't wait for the FCC to come campus. She went to them. And, she thinks, that made all the difference. "I decided that I was going to come to Washington and set up a series of interviews, one of which was the FCC," she said, to ÜB's "What distinguished me from the other people is that I had come down here on my own. I took the initiative to call and make an appointment. They have a hiring program for students right out of school but they only do on-campus interviews at the top 10 schools." "I think the other distinguishing feature was my master's degree in mass communications," she added. Mago initiated her own joint degree program while getting her law degree. Working around the clock, with no summers off, she emerged with law and mass communications degrees. Getting the job at the FCC wasn't the end of Mago's career planning, however. She has since become an expert in inter- national satellitesand common carrier (a la AT&T monopoly breakup) issues and has used those skills in a variety of challenging positions. "If you're in a large government agency, like the Federal once every two months" in courtrooms all over the coun- Communications Commission, you're your own keeper to a very large extent," Mago said. "Moving around within the agency depends on how much you're willing to put into it and how much you're willing to try at what you do." When Mago began at the FCC, she followed her interviewer's advice, and joined the Common Carrier Bureau. She soon moved to the litigation department. ("You know that extra access charge on your phone bill? Well, I won the appeal that put it there. My mother doesn't like me for that.") try. In 1982 FCC Commissioner Ann Jones noticed Mago's work on the Common Carrier appeal and asked Mago to become her special assistant. Mago acted as special assistant for a year "until Ann decided to go into private practice." After what she describes as a "highly political" position with the commissioner, Mago returned to the general litigation office where she has been ever since. Mago defends the FCC in a variety of lawsuits. Citizens file claims against the FCC about certain regulations they dislike and Mago writes the briefs and argues the appeals for the FCC. She describes her job as "playing Moot Court all the time" since she is "forever writing a brief. I've got one due every 30 days and sometimes more often. I have an argument at least But defending the FCC's regulations isn't always easy. Having accepted her first position during the Carter Administration, Mago has since seen a change in the policies handed down by top administrators at her agency. "Sometimes are there women's and minority issues. The administration we have now ..." (pausing, as if to assess how straightforward tobe) "... is not at all interested in affirmative action or giving any recognition to the achievements of women. It's an old boys' network. Some of theregulations we do can help promote more diversity in ownership. And in my mind that would promote diversity in the broadcast media and be healthy for society. That's my policy judgment." "There are decisions which reflect their policy and my job is to defend what they do. At times that's been difficult but fortunately, in this office, any time I've had a really severe disagreement with what was being done I've been able to speak up about it. I've either argued why the policies should not be that way, and have even won once or twice, or I've explained why it isn't a very good policy and have asked that someone else take the case. I can't be a prima donna about it because we have a very small office and someone has to do the work. Some cases I've had to keep and go forward to defend. There's nothing you can do about those cases. It's your job. You have to be as objective as possible and you do the work." One way Mago has been accommodated is by being able to give up public recognition for work she's done but doesn't agree with. She asks that her name not be put on a brief, and that way is not associated with it. "It's a compromise for me," she said. Mago was candid in offering tips on how to get a job similar to hers. She said that distinguishing yourself at least some ofthetimeinlaw school helps. ~"1 was a 'B' student," she said. "I got maybe seven- H's and was on the Moot Court Board. It's really only in that first interview that grades are an issue, though. Since being at the FdC I've had offers from firms that wouldn't even consider talking with me right out of law school. But grades haven't come up since then, except at one law firm a few years ago. They asked me about my grades and my LSAT score! I couldn't even remember what my LSAT score was. And while they asked, the answer didn't even seem very important to them. In getting hired here at the FCC, they were more interested in Moot Court, my dual program, and other activities." Watching her women friends go "on" then "off track" to make partner in Washington law firms, ("Some of them Lindgren in Netherlands as Fulbright Scholar JanetS. Lindgren, a UB Law School professor on sabbatical this semester, is conducting legal research in the Netherlands as a Fulbright Scholar. Lindgren left for the Netherlands in September and will return in January. The site of her research project is the University of Leiden. A scholar in legal history, Lindgren has been a member of Jhft U/BfLaw School faculty She received her sinfce' law degree from the University of Wisconsin in 1971 and was admitted to the Wisconsin Bar 6 fho Dial same year. In her application for the Fulbright award, Lindgren noted that she was "writing within the t Fulbright Scholar Janet Lindftren O'ritofbh'' Oo'«ob(»V'*9,^9w«V'' ,:'"""' area ofconstitutional law on the basis of a series of historical studies that I am completing." The Fulbright program is funded and administeredby the U.S. Information Agency under policy guidelines established by the Board of Foreign Scholarships, whose members are appointed by thePresident. Financial support comes from the •governments of the US. and 27 other nations. Grants are awarded to Arrtericaris to lecture and conduct research abroad and to foreign nationals to engage in similar activities in the U.S. Lindgren is a Buffalo resident and thewife ofBuffalo attorney Thomas E. Schofield, who lectures at the UB Law School. 1 £ '' never get back on track once theyVe had a child"), Mago is happy with her decision to become an attorney for the government. "I chose to come here first," she said. "I think you get the broadest experience coming out of law school. You're put into an environment where you're expected to know a lot very quickly. In a firm I would have leamed more slowly. My friends came in as associates in lawfirms and did cite checking, and got tutored, essentially. Here yoiTre thrown on tyo.ur' own and you sink or swim. I think firms know that,' too. When I was at the FC<? s/x months\ began receiving offers from f rms who had sent rrjje løt- i ters at graduation saying, 'we-, don't hire any graduates who haven't gone to Harvard. t The differencewas that I had experi- _ R continued on pqge 13 • PROFESSIONAL TYPESETTING OFFSET E» PRINTING C M M !_ t a S FAST SERVICE *•COMPETITIVE PRICING •MANY DIFFERENT '■> TYPESTYLES & PAPERS •RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI 3171 Main SlrwM ■jHQCQ OTDnCVw? rTryjcySp) , Buffalo. NY U 1676 Nla. Fads Blvd. Tonawanda, NY j frcnta torn &MM 834-7046 * f 8 1 bofypn "■ _2_ *U Seventh Avtaac, awXc 61 New York. New Vwfc 10001 («») W4-|wJf (201)62}-))6) �Financial Aid Rules Will Change Again in 1987 by Delores E. Cross, President Higher Education Services Corporation Congress recently approved a five-year reauthorization of the federal Higher Education Act. The new bill, S. 1965, awaits the President's signature. It contains numerous changes for theTitle IV student financial aid programs which this memorandum attempts to highlight For additional details, please call Peter Keitel, Executive Vice President, at(518) 474-5775 or Charles Treadwell, Program Specialist, at (518) 474-1549. Overview Every title of the Higher Education Act (I through XI) is continued and the funding authorized for FY '87 is $10.2 billion. That figure is lower than previous authorizations but 16 percent higher than the FY '86 appropriation (the amount actually funded), thus allowing room for growth. For the later years, the conferees agreed to increase authorizations by an "educational inflation factor." (Excluding Pell Grants and Guaranteed Student Loans which are authorized to receive "such sums" as necessary to fund award levels.) Student financial aid has proven to be a priority item of attention within the new bill, receiving 95 percent of the bill's total authorizations. TheTitle IV section (student aid) is of particular importance to colleges and students of NewYork State as it provided $1.5 billion in aid this year or 75 percent of all government-sponsored aid I| | j S used in our state. Beginning in July, HESC staff worked with staff from Governor Cuomo's Washington Office to identify six key program priorities which were then conveyed to staff of New York's representatives on the Congressional conference committee: Congressmen Biaggi, Owens and Solarz. They included: loan defermentsfor unemployed borrowers, lender discrimination, rehabilitation of defaulted loans, multi-state guarantor reporting, student loan interest rates and lender special allowance. In the final bill, five of the six HESC priorities were adopted, and a compromise accepted for the sixth priority. In addition, several HESC proposals from our earlier position paper were also adopted. Many of the provisions of the new bill are effective immediately upon receiving the President's signature. These include: In the GuaranteedStudent Loan Program, all students, regardless of family income, must showfinancial need to receive a loan. Currently, only those with incomes above $30,000 must do so. Parent Loans for Undergraduate Students (PLUS) and Supplemental Loans for Students (SLS replaces ALAS) loan limits are increased to $4,000 annually and $20,000 — — - cumulatively. — National Direct Student Loan (renamed Perkins Loans) limits are increased to $4,500 for the first two years of undergraduate study, $9,000 for those who have completed two /7 years of study, and $18,000 for ment. graduate students (including undergraduate loans). Supplemental Educational Opportunity Grant (SEOG) Other significant changes which are effective later include: Lender special allowance for the Guaranteed Student Loan Program is reduced to 3.25 percent above T-bill rates (30 days after bill enactment). Increased loan limits within the Guaranteed Student Loan (GSL) Program (January — maximum awards are increasedfrom $2,000 to $4,000 annually while minimum grants fall from $200 to $100. Loan consolidation is reactivated for those student borrowers with at least $5,000 in loans. Guaranteed Student Loan borrowers are entitled to up to 24 months of deferment, which they are able to use in any increments throughout the life of the loan, if they are seeking but unable to find full-time employ- — — — — 1, 1987). — Revised student financial independence definition (effective January 1,1987for the GSL Program, July 1, 1987 for all other Title IV programs). —Reduced institutional requirements for student aid ap- - by John G. Karrer, Director of Student Finances and Records RecentState Audits have reiterated the requirement that the University comply with State University regulations on the timely collection of tuition and fees. In addition, starting with fiscal 1986-87, our University's operating support is linked to actual revenue collected. During the 1986-87 academic year, changes in the University's registration and billing procedures have moved us toward compliance with SUNY policy. These changes have £2 £a £x £2 Sa £2 — under cetain conditions (October 1, 1988). When the bill is signed, additional information necessary to implement the changes will be provided. produced significant improvements in revenue collected. However, further action is necessary. In order to further improve timely billing and revenue collection, the following steps have been, or will be, im- tion has been revised. The new form lists policy guidelines and procedures on the reverse side of the application. All waiver applications must be filed on this form. (3) All recipients of TAP taking an Incomplete ("I") Grade in a course must have the incomplete grade changed to a passing or failing grade by the end of the semester following the one in which the "I" Grade was taken. Incomplete ("1") carried beyond one semester will result in TAP decertification if Semester. Students who do not receive notification of an award or who submit TAP award notification to the Office of Student Accounts after the last day of instruction for the Fall Semester will be responsible for paying for the difference between the assumed award, currently $600 continued on page 13 \I \ | I Hearing is I believing, fl If New York, New York 10001 212/594-3696 201/623-3363 possible date, but not later than 75 days after the beginning of the semester. These students must have TAP Award notification on file at the Office of Student Accounts not laterthan the last day of instruction of the Fall count statement. (2) The TAP Waiver applica- With Bflß/BRI 415 Seventh Avenue, Suite 62 the Incomplete ("I") Grade drops the student to less than full time. (4) Students with Graduate School tuition waivers who are eligible for TAP are required to apply for TAP at the earliest 1986-87: (1) Deferred payment is no longer extended to students pending reimbursementfrom a third party. All accounts must be paid upon reciept of the ac- THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW $$ Increased GSL student in- — year g e$ — terest rates (July 1, 1988). Revised need analysis formulae for all Title IV programs (July 1, 1988). Less than half-time students eligible for Pell Grants plemented for the academic 33 £x — New Billing Procedures Implemented To Further Improve Revenue Collection Every year, thousands of BAR/BRI students rave about the quality of BAR/BRl's lecturers. BAR/BRl's lecturers are experts on the law, experts on the bar exam and experts on lecturing. "I had no idea the course was this good," is a typical comment. Now, for the first time, you can find out for yourself just how good the BAR/BRI lecturers are. For your own free audiotape sampling of the BAR/BRI course, ask your student representative, stop by our display table or write to BAR/BRI directly. In return, you'll getan earful.. •2% ™ gj plication verification (July 1, 1987). Revised satisfactory academic progress requirement (July 1, 1987). | | ! I $2 V 1 *§ %| *3 £~ K3 I 1 f jp j» K- || fe 160 CommonweaJth Avenue Boston, Massachussetts 02116 617/437-1171 www October. 29, 1986 The Opinipn X*, Cfl 7 �OPINION MIS* STATE UNIVERSITY OF NEU YORK ATBT-TEALO SCHOOLCE LAW Volume 27, No. 5 October 29, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photographer: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Amy Sullivan Contributors:' Vince Falvo, Shelley Rice, Diane Dean, Charles Myzel, Zulma Bodon, Brett Gilbert, Mike Kilcoyne, Ed Jozwiak, Tim Burvid. D Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinionis a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial: Kudos to Gilbert Kudos are awarded to SBA President Brett Gilbert for his tenacity in getting the Provost's office to accept first year students Kyle Maldiner and Jim Hayden to the Dean Search Committee. After a good deal of debate, Gilbert eventually acceded to the Provost's demands that SBA submit the names of two other student candidates, but this compromise was essentially conditioned upon the Provost selecting Hayden and Maldiner. It is clear that Gilbert's vigilant backing of the two first year students paid off. The Dean Search Committee is now complete, with law students being represented by their choice of candidates and with respect for procedure still basically intact. Hopefully, the injection of legitimate student concerns will succeed in expeditiously securing qualified dean candidates who will appeal to both the administration and the student body. Yet another problem persists, however, that of the parking crisis. Again Gilbert has been tenacious, leading a Law School contingent that protested en masse with the rest of the student body; meeting with President Sample and the leaders of the four student government groups on a regular basis; and continuously advocating the need for solidarity among students and faculty to increase pressure on the State University System to alleviate this problem. Unfortunately, Gilbert's efforts appear to be stuck in a quagmire of bureaucratic red tape. Sample has maintained that the restrictive parking policy will remain in effect pending the recommendation of a yet-to-be formed Parking Task Force. By retaining the restrictive parking policy, the University has lodged yet another wedge between the relations of students and faculty, and forced students to fend for themselves. The Parking Task Force, while good in theory, is procedural procrastination at the students' expense. The longer the current restrictive parking signs remain, the more permanent a fixture they will become. The constant turnover of students, in contrast to the rather fixed presence of faculty persons, would seem to undermine any future impetus of the University to alleviate the problem. We wish Gilbert and the SBA the best of luck in their efforts to keep this issue alive, and hope that the controversy continues when their cars have left the parking lots after graduation day in May. CLARIFICATION: In the Editorial entitled, "Choose Substance, Not Procedure" (The Opinion, October 15, 1986; Vol. 27, No. 4) we referred to Provost William Greiner as a "former faculty member." He is actually still a part-time faculty member at the Law School. We apologize for any confusion this may have caused. The Editors HAPPH Item It It 9 by Vincent Falvo Commentary Reagan's Rigid Stance on 'Star Wars' Draws Fiery Salvo From Columnist Falvo many Americans, and the rest of the world for that matter, received a healthy dose of Reaganspeak this week in the wake of the Iceland summit. The President and the damage control forces at the White House labored long and hard so that Reagan's denial of a Soviet arms control proposal was not misinterpreted. In this mad scramble to set the record straight, however, several of the non-issues that hauntthe arms control process became glaringly obvious and Reagan's ultimate intentions less so. The weight of the controversy, of course, concerns the Star Wars defense system. This system, subject of many an artist's conception, madeits debut as an "initiative" or plan for the future as in the "Strategic Defense Initiative". Soon thereafter, the Reagan administration revealed that all this Star Wars business was just a "bargaining chip." If the threat of the Star Wars program returned the Soviets to the negotiation table at Geneva, the bargaining chip had served its purpose. „ The Star Wars plan continued as a simple "bargaining chip" for a few years until suddenly, metaphors were switched at the Iceland summit. (My use of the word "summit" comes despite the President's vehement objection.) In the quick turn of a phrase. Star Wars was no longer a "bargaining chip," a simple quid pro quo for some Soviet concession, but a "trump card!" The correct moment to play this "ace in the hole," though, was not at Re- by Charles Myzel In the words of the immortal playwright, Shakespeare, "Friends, Romans, Countrymen, lend me your ears." I would like to present a report on the Student Bar Association's student-faculty committees. This report will not deal with the who, what, where, why, and howof these committees, but with some candid statements of those involved in the lengthy selection process that was used. First, I would like to commend all those people who helped to make the selection process a success; for it is not whether you win or lose but how they play the game. Your representatives to the SBA had the following candid comments Washington. The administration's work at clarifying its Star Wars' objectives has certainly paid off. Numerous public opinion polls have confirmed that a clear majority of Americans approve of the Reagan policy on the Strategic Defense Initiative. Additionally, most polls indicate that a majority favors the government going ahead with deployment of a satellite defense defense system. Interestingly though, some of the man-inthe-street comments that accompany these polls show that the heavens. The more the Reagan administration seeks to portray Star Wars as vital to our strategic interests, the more the public perceives it as so. ' Just when the uproar over the Iceland meeting was recedanother mini-fiasco ing, erupted which sent members of the press scurrying. During his address to the nation, Reagan articulated that his ultimate intention with Star Wars was the total elimination of nuclear weapons. Later in the week though, the President stated that his dream was to eliminate all ballistic weapons only. Chief of Staff Donald Regan quickly stated that, in fact, the President meant only to eliminateballistic missiles. The following day, however, George Schultz told a press conference that Reagan had meant all forms of nuclear weapons, by gosh, only to later admit that the President's enthusiasm for a nuclear-free world extended only to landbased ballistic missiles. What's never been at issue, unfortunately, is whether either version should be taken seriously. Perhaps a healthy sense of skepticism is the best advice to the American public as the Reaganites reveal yet another advertisementforthe Star Wars system. (I think "Keeper of Democracy" is next.) For in the long run, this rose by any other name is still an initiative, and a damn expensive one at that. on the selection process: appearance and fairness in the selection process is important; there was inconsistency in the voting process; rules should be set up to govern the selection process; does anyone really follow rules at 11:30 p.m.? The Student Bar Association has said that the present method of selecting student representatives to the various student-faculty committees is fair; and we all know that the Student Bar Association is an honorable body. Before continuing, I have to admit that I participated in the selection process and was unsuccessful in my bid for one of the available positions. But I want to make this perfectly clear, I am not a sore loser! A disappointed office seeker perhaps, but one who will undoubtedly try again the next time. It is easy to sit back and criticize the system and to grow apathetic, when it does not meet your expectations. However, it is far more difficult to work for reform in the system and to participate in that re- form. To quote Lord Acton, "The one pervading evil of democracy is the tyranny of the majority, or rather that party, not always the majority, that succeeds, by force or fraud, in carrying elections." Remember, it's your right to vote, use it or lose it. Thank you. The Opinion Mailbox Exams Scheduled 34 Hours Before Christmas Open Latter to the Administration: I have just one question: Was it necessary to schedule exams through the 23rd day of December? Despite being in law school for two years or more, many of Christmas Eve. Those students with exams on the 23rd (which will be many considering three sections of Family Law are scheduled for exams) and even The Opinion October 29, 1986 formed us that what we had in Star Wars was, lo and behold, an "insurance policy." One could detect a strenuous effort by the Reagan administration to describe its favorite military initiative in the most politically profitable terms. And while it seems thatStarWars has spurred the Soviet's interest in achieving arms control, it's hard to imagine how this laboratory work insures our safety when 500 megatons are aimed at Americans have been led to believe that Star Wars is not in the primitive blueprint stage, but actually up there patrolling Interviewee Offers Reflections Upon Recent SBA Committee Selection Processes us still maintain our Christian roots, and have an interest in being home for the Christmas holidays. This means several days before Christmas, not on 8 kyjavik argues the President. One can only imagine, however, how the Soviet Union will eventually react to being trumped. One might also speculate, with some Freudian insight perhaps, why arms control maneuvering is always couched in terms common to gambling. On Monday night, with the benefit of a day's contemplation, Reagan took to his favorite medium to explain himself to the American public. In the midst of this half-hour address, Reagan refrained from talk of "trump cards" but rather in- those with exams on the 22nd (again, large classes) will be lucky to get home by December 23. Many will probably arrive home only by December 24, barely in time for Christmas, and too latefor Christmas shopping. Remember, with exams beginning on December 9, there will be at least 3 weeks worth of mess and grime to clean up before leaving, as well as packing a month's worth of "stuff" that goes home. I, for one, am not looking forward to closing up my apartment, frantically packing on De- cemb'er 23 (my last exam is December 22), and then driving eight hours home, all while my family is decorating our Christmas tree, and drinking eggnog while singing yuletides by the fire (sounds cozy, huh, well it is). Last year, as I recall, exams ended December 18. I was a first year then, and started exams later than the upperclassmen, due to thefirst years' week off in October. Now I am a second year, getting no week off in October, yet I also have continued on page 13 �The"Boy Mechanic by Kevin O'Shaughnessy Pagan Lure of Halloween Endures 80's Pablum . "HALLOWEEN: Now a children's holiday, Halloween was originally a Celtic festivalfor the dead, celebrated on thelast day of the Celtic year, October it was believed that on 31 this night witches and warlocks flew abroad; and large bonfires were built to ward off these malevolent spirits ..." Academic American — Encyclopedia ... "HALLOWEEN is derived from the rites of the druids celebrating the day of Saman, when the Lord of Death called together thesouls of thewicked who had died during the past year. The theme of the harvest, which runs through modern Halloween celebrations, comes from old druidic celebrations and the old Roman festivals in honor of Pomona, goddess of fruit, which were brought to Britain during the Roman Occupation." Collier's Encyclopedia "HALLOWEEN: also called All Hallows Eve, evening of October — 31. From the Church's view- point it is the vigil of All Saint's Day. However, sincethe Middle Ages, Pagan customs and belief about evil spirits and the souls of the dead have attached themselves to this evening... " Encyclopedia Britannica — these Although encyclopedias cannot, it seems, pinpoint Halloween's exact origin, its roots run very deep in our culture. People celebrate Halloween even though it does not merit a day off from school or work. There is no "Halloween Weekend." This meansthegovernment has not bastardized Halloween to make sure civil servants and bankers have a holiday on the fourth Monday in October. Washington's and Lincoln's birthdays have become one through this process You guys were great presidents, but no one gets two days off in February. Halloween stands alone. Halloween is less commercial . than Christmas. There is no three month "Halloween Season." Sure, the candy companies make a big advertising push, but grocery stores don't play Halloween carols in August. Yes, I saw the Coors Light commercial featuring Elvira, mistress of the dark, but that is just one commercial.. Has Perry Como ever recorded a Halloween Album? Andy Williams? Doris Day? I doubt that Slim Whitman, despite his vast repetoir, has ever yodeled a version of Bobby "Boris" Pickett's Halloween anthem, "Monster Mash." . One of my favorite parts of Halloween is the Charlie Brown Halloween Special. The story explores several characters perceptions of Halloween and its rituals. Lucy, a future corporate attorney, leads a group of children throughout the neighborhood to insure the maximization of their candy gathering intake. Linus (a future Marxist Critical Legal Studies Scholar), chastised by his peers for shunning the standard candy gathering rituals, prefers to spend the evening in the pumpkin patch eagerly awaiting the arrival of the mystical "Great Pumpkin". Cynics might say thatLinus was merely hoping for the bevy of, gifts that the "Great Pumpkin" was to bestow upon his sincere followers, but I contend Linus wanted something far more intangible: the true Halloween spirit. Charlie Brown is a lost soul (like most of us). He lacks the conviction to stand with Linus in the pumpkin patch, but he is not happy with Lucy's traditional Halloween candy gathering tactics. His indecisiveness causes him to be left holding a bag of rocks. Whether its origins are Celtic, Roman, Pagan or "Peanuts", Halloween appeals to our darker side. A vital part of Halloween's appeal is that most people feel the need to defy authority periodically. The idea of devoting one night a druidic, The Cutting Edge year to candy gathering and petty acts of vandalism appeals to even the most abstinant personality. Halloween's rituals (costumes, pranks, ghosts ...) demonstrate that a world which is obsessed with rules, facts and science, still desperately needs to believe in magic. It's a shame that children acknowledge this much more readily than adults. But the Halloween spirit is still within the reach of these poor souls unfortunate enough to be labeled adults. Of course, you have to be willing to spend an evening in a pumpkin patch every once in awhile. Otherwise you might spend life gathering a large bag of rocks. With this in mind, I would like to invite you to the Boy Mechanic's (and his roommate's) Seventh Annual Halloween Party on Friday, October31, at 633 West Delevan Avenue (maps are posted in the mailroom). The party starts at nine, wear a costume. by Dana Young New Law Changes Liability for Non-Economic Loss Future lawyers take notice. Another change hasbeen made in the area of tort law.As of July 30, a new Article 16 has been added to the Civil PracticeLaws and Rules (CPLR) partially abrogating old tort law on "joint and several" liability. As tort scholars will recall, it has been the common law rule that joint tortfeasors can be held both jointly and/or severally liable. Thus, a plaintiff injured by defendants Dl, D 2and D 3could individually sue Dl, D2, or D3, or sue all three of them. Several liability might be desirable if a defendant had a "deep pocket." For example, if D 1was a mega-corporation, the plaintiff might seek judgment only against him. Even if the fault of D1was only 5 percent, under the theory of several liability, D1would have to pay 100 percent of the judgement. What was the rationale behind such a rule? The courts seemed to feel that if defendantsknew in advance thatthey might be held severally liable for an entire judgment, defendants would act with greater care. However, this assumed that defendants could always foresee their tortious conduct. The new law changes the manner in which defendants can be held severally liable for non-economic loss, i.e. pain and suffering, mental anguish, loss of consortium, and other intangible harms. If a plaintiff is jointly injured by two or more tortfeasors, or by the State, and the liability of any defendant is found to be 50 percent or less of total liability, that defendant will only be responsible for damages relative to its share of culpability. In other words, a plaintiff can no longer hold a single defendant 100 percent liable unless that defendant was found to be more than 50 percent responsible for plaintiff's injuries. For example, if P is awarded $200,000 for pain and suffering against defendants Dl, D 2and D 3, with D 1being found 25 percent liable, D 2being found 50 percent liable, and D3being 25 percent liable, P may only receive $50,000, $100,000, and $50,000 from each defendant, respectively. However, if D 1 were found to be 51 percent at fault, then P could recover the entire $200,000 from Dl, if desired, precluding the other defendantsfrom paying any damages. The new law has not changed the treatment ofeconomic loss. Judgments for economic losses such as lost wages and medical expenses can stillbe recovered from any individual defendants found jointly liable, regardless of their degree of fault. What does this mean for plaintiffs? It is no longer desirable to institute a cause of action solely against the "deep pocket" defendant. By doing so, one would risk a jury finding the defendant liable for only 50 percent or less of the injury, and thus plaintiff could recover only less than half of his noneconomic damages. This is the main effect of the new law. Additionally, a new burdenof proof is placed on plaintiff to show that "reasonable diligence" was employed in attempting to gain jurisdiction and serve all culpable parties to the action. This is because the total liability on which the "50 percent cutoff" is based is that of all defendants who are parties to the action. Leaving out a culpable party affects every defendant's share of liability. Using our example above, ifD 1 is not named as a defendant, by extrapolating, D2 would now be approximately 70 percent li- able and D3approximately 30 percent liable (I'm not a mathematician, but the point is that the proportions change.) Thus, D 2has crossed the 51 percent threshold and could now be held severally liable for 100 percent of plaintiff's damages. There are 11 exceptions to the new article, all contained in section 1602 of the CPLR. The most obvious exceptions are: 1) intentional tortfeasors will not receive the benefits of this new law, (they can still be held severally liable for 100 percent of damages, regardless of proportion of fault), and 2) this law is inapplicable to persons held liable as a result of their "using, The Opinion Mailbox operating or owning a motor vehicle or motorcycle," as defined by the Vehicle and Traffic Law. The remainder of the exceptions being both complicated and confusing, will not be examined herein.However, it is recommended that anyone in- terested in understanding the nuances of this new law read outside literature analyzing these exceptions (versus soley the statute.) A final note for those who read the last column of "The Cutting Edge" dealing with the toxic tort discovery rule. It is significant that this new amending several liability is not applicable to any toxic tort claims or causes of action "revived" under new section 214 (c) (4) of the CPLR. Thus, plaintiffs who "revive" claims for injuries resulting from exposure to the five legislatively defined toxic substances are not bound by the new limitations on joint and several liability. continued frompage 8 Comments SBA Fac-Student Committee Selection Process Elicits until Editor: Last week, I was interviewed for the Admissions Committee. The day after (prior to the SBA's announcement of their decisions), I requested that my name be removed from consideration because I have reservations concerning the process that was used. I believe a five minute, highpressured interview told the Board little more about the candidatesthantheir ability to conduct themselves in such a situation. If the SBA is to make an informed decision, they need to base that decision on far greater objective criteria which can be easily developed. I submit the following proposal: Each candidate, prior to being before the Board, should be given two sets of bogus ad- mission packets for prospective, borderline students (including all elements i.e. personal statement, academic records, etc.) and told that the Admissions Committee has only one spot open for consideration. The candidate would then have the task to explain to the Board why they would choose one over the other. Through this approach, the SBA would have an objective criteria to evaluate the candidates and I feel that our entire institution would benefit by forcing the SBA to make better informed decisions. Additionally, I think similar types of procedure could be developed for the other committees. Respectfully submitted, Thomas P. Laurino First year student Buffalo, NY To SBA Committee Interviewees: I would like to commend all of the students who interviewed for the various SBA Committees. The SBABoard interviewers acknowledge and applaud both their courage to be interviewed and their tolerance of the weary and conscientious state of the interviewers. There was an excessive number of qualified candidates for the wee numberof positions available. Many of the students had similar ideals and views. It appears that all the law students' interests will be well-represented. It was exemplary that the first year class showed its support and concern for our law school by coming out in full force. I hope this willingness to partici- pate continues and manifests your throughout your stay, graduation, and beyond as alumni. There are many activities and other committees within the law school one can get involved in. SBA still needs people for the social committee; PARTY!! Don't over extend yourself but find your niche.We can all contribute to the Law School in different ways. Let's makeour Law School and our experience here both the best and most meritorious. If anyone has any comments or suggestions on how to make the interview process better, please feel free to stop by the SBA office during my office hour or drop me a note. Again it was a pleasure interviewing. I enjoyed hearing what my colleagues feel is important and I believe it will help me better represent our concerns. Persevere, Shelley Rene Rice The Opinion letter to editor policy encourages to the editor. They should The Opinion letters not exceed 300 words. All letters must be signed with name and address. The name can be omitted from publication if there is substantial reason to believe the author would be subject to retaliation. The address can be omitted from publication at the request of the writer, but a general locality will be published. No malicious or libelous statements will be published. The editor reserves the right to edit lettersand accept or reject them on the basis of content or space. October 29,1986 The Opinion 9 �SBA Briefs Sample Hedges on Parking, Greiner Settles on Names by Brett Gilbert From the President: Hello! My name is Lori Cohen and I'm President of the Student Bar Association. Oops, that was last year. On to new and different things. I'm excited! In my continuing effort to keep people informed about what thehell is going on around this place, let me tell you what the hell is going on. Dean Search Committee. (Prologue: The SBA submitted the names of two students for membership on this committee. The Provost's office wanted two more names so that all four could be considered for the two slots.) After much discussion amongst members of the SBA, we decided that the most productive course of action would be to submit the two additional names. We were certain that the Provost's office would concur with our two selections, but only after they could go to Generalissimo Sample and say that they had gone through the imperial procedure he had set down. We also decided that, if it came to it, students should withdraw all support for any Dean Search Committee that did not include "authentic" student representatives. Well, as we surmised, the Provost's office did not want to pick a fight with us over this; they accepted our two choices. We compromised on the Provost's form, and he compromised on our substance. I'll take substance over form any day! Parking. The presidents of the four student governments When I suggested the decision was not reasonable because there was a lack of due process (notice and opportunity to be heard). Sample re- you want. sponded that UB was not a democracy and he had no intention of discussing every administrative decision with students; implying, of course, that students have the same liberty interest in parking as they do, for example, in the color of cafeteria trays. (Is it me, or is it him?) Well, before the meeting had ended, Sample told me that he "resented" some of the things I said and that he was surprised that a man of my education would say some of the things I said. Oh well, string me up by my feet and tickle my fancy! I will, needless to say, keep you up to date on further develop- I then suggested that the administration weakened any chance for a solution to the parking problem because it is now only a problem for students and not one for the entire university. Parking is no longer a problem for the faculty/staff, for they no longer have a vested interest in its solution. The administration has broken the solidarity of all of us to lobby you may have can be placed in box #670. Appointments. The appointment process is over and the student representatives to law school faculty-student committees have been chosen. God knows the process is not perfect and can use some improving, but I think we have an excellent group of students to represent ments. Please, any suggestions us. I was especially pleased with the number of first year and minority students that interviewed. Boy, this is one hell of a first year class. And I think we sent a message to the ad- ministration that most of us are delighted over the assertive affirmative action program this law school conducts. Well, that's it for now. Until next time... SBA Committee Appointments Student Membership of Faculty-Student Committees 1986-1987 Appointments Committee Mary Anne Bobinski (3) #578 Jim Ghent (1) #89 Doug Hoffer (2) #414 Charles Johnson (2) - Alternate #551 Ad Hoc Planning Committee Joel Menchel (1) #157 Mitchell Lecture Committee Derek Akiwumi (1) #1 Kevin Comstock (3) #615 Josh Rosenblum (2) #495 Budget and Program Review Committee Terry Flynn (2) #384 Josh Rosenblum (2) #495 Jason Wohlford (1) #255 Vincent Falvo (1)Alternate #71 Library Committee Andrew Berchard (2) #305 Al Dong (2) #634 Lisa Sizeland (1) #223 Roger Wilcox (2) #538 Admissions Committee Mason Ashe (1) #8 Bill Hair (1) #100 Sujeet Mehanty (2) #460 Tina Marie Palmer (1) #178 Lisa Massaro (1)Alternate #152 Academic Standards and Standing Committee Ron Brown (3) #588 Greg Jackson (3) #851 Awilda Matias (1) #153 Kathy Carmody (3) - Faculty-Student Relations Board Nancy Kirk (1) #265 Donna Pollman (1) #190 Barry Stopler (2) Sub Board Rep Marc Patulski (2) #481 Social Committee Chsirperso Robin Miller (3) #730 SBA Finance Committee Derek Akiwumi (1) #1 H. Todd Bulford (3) #590 K. KatherinChad) #38 Cherrie Maxwell (3) #718 Composition of Committees (Approximate) 50% First-year students 30% Second-year students 20% Third-year students c=®29 State — Mukistate (Bar (Review offers an S/\ J 'Bar <E \am. We emphasize integratedapproach to the Oieiv sophisticated memory techniques, essay writing skills and a concise, organizedpresentation of the law. you wifl be prepared and confident. A I PIEPER NEW YORK MULTISTATE BAR REVIEW vl/ fif J) f It 90 I I 10 - ItsclJ. Tefeptwne: (516) 747-4311 BRIAN BORNSTEIN MARIA LOTEMPIO DORIS CARBONELL AMY MURPHY MARK POLLARD JOHN ROWLEY DONNA SIWEK AMY SULLIVAN EARLY REGISTRATION DISCOUNT TO DECEMBER 1, 1986 29, 1986 rr'V'Tt>e Opinion - * • -•: • * October A Mj \f/\ IKj 1 \\£y\ I Jpv J I \V J A\Y I\) V PIEPER REPS JUDITH KUBINIEC ■\ For Avenue, oviineo[a,9& 11501 \£ I Speaks - Alternate #596 Academic Policy and Program Committee John Bonazzi (1) #18 Diane Dean (3) #626 John Williams (2) #539 Diana Harris (1)Alternate #101 Special Program Committee Taryn Chapman (1) #336 Kenya Mann (1) #198 Eduardo Mejias (3) #724 Cynthia Ball (DAlternate #262 RES IPSA LOQUITUR The (Pieper 9{ew /\\ J True to form. Sample wants a list of eight students, from which he will mysteriously choose four, for membership on the Parking Task Force, the committee which will study and recommend solutions to the entire parking problem. As with the Dean Search Committee, Sample does not want students to designate their own representatives. Paul Verdolino suggested that the four student presidents (or their designees) should be on the Task Force. Sample refused. Sample wanted me to send him the names of two law students, what he got were the names of the four student presidents. You know, it's funny how you don't always get what mors.) \r\ l(v) '\\| SU NY/Central for help with this; now only voices of students will be heard, and we all know what that means. SA, GSA, & MFCSA) had a meeting with President Sample on Thursday, October 16, at 7:30 a.m. (yuk!). Let me give you my recollection of some of that meeting. President Sample has no intention of accepting the Faculty Senate's recommendation to end restrictive parking. Sample claims the decision to implement restrictive parking was made by Vice President Ed Doty and he is not going to invade Doty's turf since the decision was a reasonable one. (This despite persistent rumors that it was Sample and Provost Greiner, not Doty, who were the real motivators for restricted parking. Sample denies the ru(SBA, \/ \ IJ / �Greiner's Assistant Outlines His Position by Karen Buckley Minutes of SBA meeting on Monday, October 6: Note: As there was not enough directors in attendance to constitute a quorum, no offi- cial business was conducted. The meeting for the weekofOctober 13 will be held on Wednesday, October 15atS:30p.m. Present: Brett Gilbert, Vicki Argento, Nancy Pringle, John Williams, Jack Luzier, Paul Karp, Lois Lieberman, Derek Akiwumi, Karen Buckley, Andy Winston, Sheri-Berlowitz. Dr. Judy Albino, Guests: George Villegas. Dr. Judy Albino came over to discuss the position of Provost Greiner in regard to the selection of student representatives on the Dean Search Committee. Apparently, he was displeased with the fact that only two names were forwarded to his office, instead of the traditional four, which would allow him to make the final choice as to who would represent the students on the committee. Brett had communicated with the Provost's office, sending additional information on Kyle and Jim, and expressing the opinion that student representatives should be chosen by the students themselves. Dr. Albino, the Assistant to theProvost, acknowledged that we could not be expected to know what goes on with the Dean Search process and why they want two more names. She assured us that the request in no way reflected any judgment on the two names submitted. The biggest reason the Provost wants thefinal say on who is on the committee is the fact that he is responsible for making the recommendation to the President on who should be selected. Therefore, the ultimate responsibility is on Greiner and he wants to beable to review and select the members he will be working with. Additionally, members of the faculty and the Bar Association are selected in the same manner the Provost selects the people from the constituency from a group of nominees. Dr. Albino, while impressed with the information she re- — ceived from Brett on Kyle and Jim, questioned whetherit was in the best interestof thesearch to have two first year students on the committee. Various members of the Board pointed out the fact that many upperclassmen in the school had a bad feeling about the Dean Search as a result of the fiasco last year. First year students do not share the cynicism that many of us have, and would be able to present a fresh outlook to an old problem. Moreover, these students would not be sitting on the committee as first year law students, but as representatives of the whole school. As John pointed out, the decision will not be made right away, and they will have had time to familiarize themselves with the school and its students' needs. Brett, Jack and Karen explained the selection procedures, and the qualities we were looking for when we interviewed people for theposition. Other members of the Board emphasized that the Provost has NO contact with the students here, and only the students would be in a position to make an informed decision as to who the best representative would be. Dr. Albino agreed that it is somewhat different with students, as there is no background from which that office could make a choice, other than what they see on paper. She said that she was impressed with the criteria used by the Executive Board to make the decision, and that we looked for all the same things she would (gee, thanks). Yet, as some take comfort in rules and procedure, so too does the office of the Provost. Dr. Albino said that she would feel much better procedurally if we sent over two more names for review. After receipt of this, she suggested that a group (3-4) come over and discuss all four candidates together. The Board, after Dr. Albino left, discussed her proposal, and agreed to send over two more names in the spirit of good faith. However, we did make it clear to her that we were standing behind our original choices, and the principle that student representatives should be chosen by STUDENTS, not some administrator in Capen Hall. The agreement to comply with her request was done as a means to keep the lines of communication open between the Provost's office and the Board, something that has been a real problem in the past. It was the feeling of the members present that our candidates would in fact be chosen, but that she just wanted things to be done in accordance with procedure. We decided that confrontation at this point was not the best route, and that if things did not turn out the way we hope, then we will decide what to do when the situation arises. Overall, Dr. Albino was impressed with the Board and our reasons for the decision we made and our position on principle. We showed that we were not raving lunatics, but adults who gave considerable thought before espousing a position. Local Phi Alpha Delta Chapter Initiates Nine by Ed Jozwiak Chapter Marshall On Thursday, October 16, nine people were initiated into the Carlos Alden Chapter of the Phi Alpha Delta Law Fraternity International in the Moot Court Room. The initiates were: Derek B. Akiwumi, Cynthia Ball, Michele Bennett, Maureen Connors, Daniel Ibarrondo, Deborah Solot, Barry Stopler, Forrest Strauss and Richard Wong. During the ceremony, the group was addressed by District Justice Robert R. Marquardt. He spoke about thevariety of programs sponsored by Phi Alpha Delta Justices Phi Alpha Delta PAD along with the benefits of membership. Marquardt also discussed the support offered by PAD mem- bers and its alumni. He referred to the biannual convention in Baltimore this past Augustwhere the delegates traveled to the Supreme Court and were addressed by brother Chief Justice Warren Berger. It's not too late to join PAD. Another initiation ceremony will be held in the spring semester. For those interested in joining or in learning more about PAD, stop by the PAD office or drop a note in box 423. District Justice Robert R. Marquardt George Faust congratulates new member NEED RESUMES IN A HURRY? I The Buffalo Law School Directory will now be a reality. In an effc ' to unify the student body, Phi Alpha Delta Law Fraternity will soon have available to all last law students the FREE 1986-87 Law School Directory. Don't miss your out this chance to be included!! If you have not already responded, please fill board in slip and drop it in the collection box located under the PAD bulletin the mailroom by Friday, November 7. 1 Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive NY 14120 • Tn. Amherst, Tonawanda Creek Rd.) (offSweet Home Rd. between No. French* (716) 691-7480 Quality YES!!! I want to be listed in the free Law School . J^pSzlHSl^SH (please print) Name _ Address —, I Class — ; : — / _. ~, Phone Nto. I>,.■*,•«.j.tt»' . • Dependability • Fast Service • Moderate Prices fßl* " " — Mailbox # crrrrrrrrm—^-- ; 41) Seven* Aveaae. Suite (2 New York. New York 10001 (212)394 3** (201)623 5363 October2Sy 198IT the OpinionWge'«' i f Pageed leven �The Black Law Students Association And The Latin, Asian, Native American Law Students Association lf|lfl*y Environmental Bond Act is it? • What you vote for it on November 4? • Should will it accomplish for the future of • What New York State PRESENT A LAW DAY Law & The 21 st Century: Making The Difference Come find out on Wednesday, Ocother 29 (today) in O'Brian Hall, room 106 sponsored by the Environmental Law Society at the UNIVERSITY OF BUFFALO LAW SCHOOL JOHN LORD O'BRIAN HALL, AMHERST CAMPUS FREE REFRESHMENTS!! IBM MICROCOMPUTERS AND PROPRINTERS Are now available in the AY department, of the Law Library I Two IBM PC's and two IBM Proprinters are now available for your use in the A-V Center on the sth floor of the Law Library i £x M lor your Moot Court P w seminar papers resumes and cover letters B^flV fl V W $$ letters home $$ BRING YOUROWTI SOFTWARE, BLANK DISKETTESAND PAPER. (Your diskettes should be double-sided, double-density.) Users are required to present Law School I.D. Campus Blues by Shelley Rene Rice The research paper can't be escaped Party all night sleep all day Study anytime besides cram time NOWAY The cram time blues a library snooze? A's & D's, B's & C's Drop Out? Get High? LSD, Cocaine? Paperblotter, Windowpane? THC? Ain't no one higher than Weee Drunk on Brews Lots of gossip & news Serious trips Rival Cliques He said she said Who slept with whom Many would major in Phys Ed or Anatomy if one could Oreo's, Militants even the Ku Klux Klan Eastsiders, Westsiders & one night easyriders Venereal disease Midterm pregnancy COMICS A Maternity leave with no return Let's just hope We pass & learn to secure a position with a big 8 firm You Must BS for that BA in BS Or that BS-JD 12 The Opinion October 29, 1986 Panel Discussions: Women & the Law, Affirmative Action, Public Sector vs. Private Sector Student Life, Life in Academia, Financial Assistance, Social Responsibility, The Admissions Process, Plus a Keynote Address Reception to Follow Date: November 8, 1986 Time: 8:30 A.M. to 5:00 P.M. Coffee and Doughnuts will be served Asian Law Students Organization, Black Student Union, African Students Association 1 �. . . . continued frompage 6 UB Grad ence and a recognized expertise." Saying that her office has been very good in responding to her family responsibilities, Mago said: "This to my mind is the perfect job. Government is very good for having a family (she recently had her second child). People around here know what I can do, that I'm willing to put in the time it takes to do the job. But there is also a willingness to recognize that Billing Procedures award received for the semester. (5) Effective with the 1987 Spring Semester, continuing students should preregister. The first bill of the Spring Semester will be dated December 19, 1986. (6) Payment of tuition and fees and all semester charges are due before the first day of classes. All students billed for the first time after the first regular invoice (December 16, 1986) will pay a $20 late payment feeand a $20 late processing fee. There will be no exceptions. All continuing students that do not preregister will pay the late processing fee beginning December, 1986. scheduled on each of five different days of thetwelve day exam period. Further, no exams are scheduled on Saturday, December 20, a perfectly good day for an exam. Exams are given the Saturday before. It seems to me that good policy would require at least two exams being scheduled for each day of the exam period and for the I ' LV^Braßlß^B.^s Students will be informed of these changes by notices in the "Reporter" and the "Spectrum." Signs posted at the preregistration sites and in Department Offices, and notices enclosed with the first and second billsfor the 1987 Spring Semester. The release in the "Reporter" will befollowed up with ads in the "Spectrum" until the changes become effective. Re- SBA HALLOWEEN PARTY/ |f minder ads for the 1987 Fall Semester will be run in the April and May issues. Please become familiar with the content of this memo. Your ||f help in providing accurate information to students will assist us in betterserving their needs. I will be pleased to provide When: Thursday, October 30 (Tomorrow Night) HI Where: The Stuffed Mushroom *!• additional information as you may need it. (2580 Main Street) continued from page 7 Saturdays which fall within it. While I understand that there are a lot of "details" to be "considered" when' making up an exam schedule, which I prob- ably don't "fully appreciate," I also don't feel the administration fully appreciates the need that some of us have to be with our families and unwind after a long, grueling semester. There is simply no reason that any student should have to be at UB taking an exam past December 20. I think I speak for a large number of students in asking the administration to review and amend this exam schedule. Thank you. Dana Young Gary Peller said. "Even the language we use is so deeply grounded in male identity" that we first have to fashion a new language that is "more reflective experientally in our bodies as well as in our heads." Sexism is apparent even in the choice of authors we discuss. The panel participants who were so concerned about Foucault and Lacan and "a whole bunch of prominent French men." However, they have neglected the French women who write out of the Jk\ continued from page 7 Exam Schedule to stay at school longer for exams. This does not make sense! Aren't upperclassmen supposed to begin their exams early so that they are finished earlier, having received no break during the semester? Finally, after examining this depressing exam schedule, I noticed that only one exam is ' ■ Legal Careers.) ... per semester, and the actual a Happy Halloiv e there are other demands on my time." "I'm pleased with what I've done here," she added. "I'm pleased with what I'm doing here. And I'm pleased with what I'm doing with the rest of my life. And I thinkthat's a very good balance." (Editor's note: Diane Dean is the GraduateAssistant for Public Interest / Public Service \ \ 1 \ % W %If FREE ADDNISSIOm * \*^^^ : ■':'■ /; ■■ ™E£ P/ZZA' ft FREE WINGS! FREE POP! continued frompage X same tradition but "push it much farther" to propose "another whole way of thinking," pointed out Marcus. "My image is not: No theory," said Peller, in response to the comments of the panelists. Rather, it is a criticism of the particular form of discourse of power that is now elevated by which the other discourses "are marginalized." In the end "the goal," said Freeman, "is the recovery of possibility." The Opinion schedule for the 1986 Fall Semester is as follows: ISSUE 27:6 27:7 27:8 COPY DEADLINE* LAYOUT** M0n.,N0v.3 Thur.,Nov.6 M0n.,N0v.17 Thur.,Nov.2o M0n.,N0v.24 Sun., Nov. 30/ DATE OF .• PUBLICATION Wed., Nov. 12 Wed., Nov. 26 Fri.,Dec.s 'Deadline is 12:00 noon. **Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room| 724 O'Brian Hall. Staffmeetings are held everyTuesday at 6p.m. in the office. ■ i October 29, 1986 The Opinion 13 �DDI 111111 / RAD ■■■■■■i DMlx/ Dlxl !■ IS THE I COURSE YOU ■■■ CIAICAD DV bWbAK DT. lim HUHI NUI Ml. II II Mm ■ /L\Aj/ // /ajl -m .m^^lf / lyilr /11 I 111 // iMmM m MMM MM 1 II I m BAR REVIEW The Nation's Largest and Most Personalized Bar Review. 415 Seventh Avenue, Suite 62 New York, N.Y. 1001 (212) 594-3696 (201) 623-3363 • Head Rep: H. TODD BULLARD r 3rd. Yr. Head Rep. KEV,N COMSTOCK n M / /[>v // j)\CJ 111m. mM M M ,^^Stf'X:S,yS,!'t,:'; ': ':, 'S:, "!SSJ' The Opinion October 29, 1986 BARRY STOPPLER Bernetta Bourcy Karen Buckley Steve Ricca Colleen Rogers Cora Alsante* Steve Balmer* Robin Chekla Mary Comerford Nancy Decarlo Debbie Rosenband Robin Rosenberg Jennifer Sanders Shari Berlowitz Mike Biehler** Keith Fabi Tammy Gordon Paul Karp Katie Keib Ja V Kennigsberg Alicia Lacappruccia a Y Lippman Dave Piatt H'** Resnick 14 2nd. Yr. Head Rep. Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young �SSSSv- ■■■'".'.'. .i.'.W.i.1......l M.1.1.1,',',','.','.'.'.'.'.' LOU DEL COTTO __ 1111111 W.W.W.'.'l'.'. .lim KEN DAVID FRASER JOYCE '"-'' ■■ a *lfc':': .i/mßißWmi- Starring David Fraser* Produced by Alan Freeman and Betty Mensch* Sponsored by Labatts Brewery, the National Hockey League, and R.C.M.P. \ £■ *Jm, ~-"^p"^'^^^^^ W , m, Bk bHbSp: ■ .B IBS Bbk im ~ ~''M *-v-" yL SB », VEt vßm* BHaßmm^Sßfi^^^bw V- MHlKlHfr Hklv 9 Bfc\ -JiltAmJllß fr HLc- *-***** xjjMij ■ ■ Blr §f$ **•• . jfl 3&---■*£* Jhß I ■ nH Hr TAX GUYS flaw BBJ Jbb bW bW H B Basis Pictures Present. TAX GUYS Starring Lou Del Cotto and Ken Joyce as themselves. Directed by Charles Telford Groaner Takes Control And Declares Self Law Dean by Frank N. Stein In a move that surprised no one. University Proviso Ima Groaner announced earlier today that he has appointed himself as permanent dean of the UB Law School. "I'm in control now," Groaner exclaimed. "Those sniveling little law studentswanted a permanent dean and now they've got one me!" Groaner said he will still retain his post as University Proviso while assuming the new position. He added that he will also assume any otheradministrative position which needs to be filled at the University, or elsewhere. "I'm sick of the search committees, I'm sick of Fret Giblets, and I'm sick of the press," Groaner snorted. Groaner, in making his announcement, also fueled the fires of speculation that he may join the Kemp-Keane clash or other political forays when he threw out buttons proclaiming "Groaner is God" and "Groaner Looks Great in '88." United Law Students Front President Fret Giblets, in antici- — pation of such a move by immediately anGroaner, nounced the formation of a new Dean Search Committee. "We won't let this fascist dictator get away with this," Giblets said. "We'll find our own dean and we'll fight this thing until the end." Among those slated to be interviewed by Giblets' Dean Search Committee include and Pee Wee Herman. "We think any of thesecandidates would inject some much needed humor into the Law School atmosphere and preserve if not add to the levity of the Buffalo Model," Giblets said. Groaner called Giblets "a stinking little socialist who'll never get away with this. I'm in charge and there's nothing anyone can do to change that. Period." Giblets said, "We'll see about that. I'm organizing a protest „ and asking each student to take two bricks from O'Brian Hall. If everyone does this, Groaner will be dean of a hole in the ground." by Arthur V. Nyquist fill, memorial service. But no sooner hadcoffee and ON T RUE. S TORY A ALAN BETTY FREEMAN MENSCH .BARRY BOYER OUT Whoopi Goldberg, Bill Murray, Missing Secretary Returns Law School secretary "Roseanne" surprised co-workers yesterday when she crashed her own memorial service. Roseanne disappeared from her fifth floor O'Brian office early last week. Co-workers assumed she was either dead or kidnapped. When no ransom note arrived, fellow secretaries prepared to mourn their lost colleague with a brief, but taste- BAS ED §:. Al-Ah) .- • I«citf tti •BR ,Mfl '-. 'hCW^^^M#^> 'HI BB f„M OFANIMALS^ BETTY CooKSoc*." ~ j-SL. ..■tf'jKVJjarJ I -J HP* v < " iWiW HL BTBmIL-* HP** |-: jJ, BHk. Jfl , bh BrBB •* *JL; ' ■A A A BE-! jfi at Rlw.- BWjl V i^V * .*■■" 309* ft silblbH «^_ A^bW '"^ bSP ' rSHk mkmt n farm* JH /SI doughnuts been passed around than in strolled the guest of honor! "I was just photocopying," said the miraculously returned Roseanne. Professing surprise at co-workers' reaction, she explained: "I wasn't gone much longer than usual, but thanks for the flowers." - «■■■ Bifluf October 29, 1986 The Opinion 15 �ILe SOT Wi& » THE >'Gr HAIR STYLE CONTEST "Diana Ross" "Eva Gabor" r *W &.**s MM tfiWiß Mm\ %M& aFjMm mar / OT\CIP*T ON '■I / ENCOpm ' <^0^^ ° N m\ \f , aWAF d6D \ 'yw £fma Ha \ljV* * mm, W. W^'tAmv '"' Fred Konefsky, one of the most popular members of the UB Law Faculty, needs t0 Upd3te h S lOOk HelP Fred cnoose an ' 80s ' do — cneck I (°ne ) °f tne aDOve hairstyles and drop your ballot at the Opinion for "Fred Man of the'Bos"* Konefsky *One vote per person (you, too, Dianne) ' |L ■ % \ 'Charleton "Moses" Heston' «fl iiß wmtw y S "Little Richard" 1 - J J J ] Moot Court Board Completely Cans Competition by Skelly Ton Amid a flurry of protest from overzealous second year com- petitors, the Moot Court Board yesterday announced their decision to terminate the competition at UB Law School. When Robin Checkla, president of the board was asked to explain this sudden change, she said "Moot Court is just another resume stuffing, anxiety producing a vestige of tradigimmick — tional law school which is counter to the true Buffalo Model." Protests raised included the fact that the termination occurred in the middle of the competition when several teams have already spent hours researching and writing briefs. Mellower students who had not even read the cases at the<irne ofjthe announcement are reveling in their wise use of time. A few competitors have approached Marjorie Girth, associate dean, to appeal for course credit. A second year who asked that her name be withheld said that when she spoke with Girth, she argued "...read- ing all that material on due process would be just a waste of time without getting some- thing." While Girth has not declined the requests of the disgruntled competitors, theword is that an award of credit is unlikely. Sympathetic faculty have recommended a seminar for the spring semester which has al- Pat's Endorsements Grow; 10 More Dean Candidates by David Letterhead Provost William Greiner's Top Ten Law School Dean Candidates 10. Former Talk Show Host, Merv Griffin 9. Sit-com Cut-Up, McLean Stevenson 8. California Angels' Manager, Gene Mauch* 7. Cable Health Network Star, Dr. Art Ulene 6. "Hogan's Heroes" zany, Larry Hovis 5. New York Met Outfielder, Mookie Wilson 4. "Life StyteTotthe Rkh and Famous" Host, Robin-Leach 3. "Happy Days" Star, Anson Williams 2. Buffalo Bills Coach, Hank Bullough 16 1. Bob Keeshan, formerly Captain Kangaroo Ten People, Other Than God, That Have ToldPat Robertson To Run For President: 10. Actress Sharon Tate 9. Hollywood Square, Charlie Weaver 8. Singer Elvis Aaron Presley 7. Secretary of the Treasury, Alexander Hamilton 6. "Leave It To Beaver" Star, Hugh Beaumont 5. Comedienne, Totie Fields 4. Wine Salesman, Orson Wells 3. Singer, Rick "Don't call me Ricky" Nelson 2. Monolith, John "Duke" Wayne 1. Director, Cecile B. DeMille The Opinion October 29, 1986 ready come to be known by its detractors as The Yellow Room Revisited. The crushing blow has lead some of this year's participants to question the authority of Checkla and her board members to waive national Moot Court participation for the entire student body. SBA President Brett Gilbert has repeat- edly declined specific comment, but has suggested that issues so intrinsically academic are beyond the ken of SBA. Others have expressed relief that they will now be relieved of saying words like "urine" and "bathroom" several times in front of potential employers. While a final determination from the administration is still Bathrooms At present, Sample's plan calls for faculty and staff volunteers to act as "restroom monitors," somewhat akin to high school hall monitors. Each faculty and staff member will be issued a "Lavatory Pass" which, according to Sample, will be difficult for students to duplicate. Any person wishing to enter a faculty bathroom will have to display his or her pass to the bathroom monitor. According to Sample, the monitors will be instructed to turn away anyone, including Sample himself, who does not pos- sess the proper pass. The monitors will be armed. This latest presidential decree will inevitably affect law students, as O'Brian Hall seems to be the hardest-hit of buildings on the Spine. Closedto student use will be the first floor multi-stall restrooms, because so many teachers teach classes forthcoming, a decision mandating the competition at least for this year is considered somewhat impracticable. Several Moot Court Board members have indicated that they will support Checkla and will refuse to administer the program as well as remove any mention of Moot Court from their resumes. continued from page I on that floor; third, fourth and fifthfloorsingle stall restrooms, because of various faculty and staff offices on those floors: and the third and fifth floor lavatories in the Law Library, largely for the benefit of the Reference Librarians and A-V staffers. The closing of the first floor bathrooms is certain to cause unrest. Because first floorclassrooms are so large, those bathrooms are inevitably crowded with students at specific times of the day. Now students will have to run to the second floor restrooms which, although multi-stall, will be inundated with undergrads who have been banned from various Baldy and Norton bathrooms. Although it is stilt early, and the proposal has not even gone into effect yet, reaction to the plan is overwhelmingly unfavorable. One second year law Pumpkin Meat Band student, who refused to be identified, complained: "I came to Buffalo because I though the atmosphere would be liberal, but now I see that the Buffalo Model is just a big farce. Law school is turning into prison, and I don't like it." Sample's plan, although newly unveiled, seems destined for unpopularity. While he emphasized that "students who really need to go to the bathroom will not have to hike half-way across campus to find one," the faculty bathroom plan is inconvenient and unfair. If parking lots, as some have suggested, are not suitable causes for protests, then perhaps bathrooms are. And if a student protest means that we have to see Verdolino remove his shirt again, that's a chance we have to take. continued from page 2 / your most exciting case? PH: Well, it's getting awfully dark out now, it's time for me to help my family get out of the TV. Any other questions? MC: No. Thanks for letting me spend some time here at the of- fice with you. PH: I gotta go now. Bye. As is evident, Mr. Haydirt is a very busy, complex, strange, weird, bizarre, odd sort of attorney. However, his clients speak very highly of him. In any case, law students who are interested in thefield ofentertainmentlaw will certainly find it to be both challenging and rewarding because of its complexities and contact with famous stars. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-10-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/29/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6056585d2fedd61014e47c70b2e702c3.pdf b18b29ad670265f86063dc1e8813552d PDF Text Text Volume THE OPINION 27. No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 12, 1986 NY's Newly Passed Environmental Bond Act Will Cleanup State's Hazardous Waste Sites by Lisa Strain The Environmental Quality Bond Act, which New York State voters approved on Tuesday, November 4, was the sub- ject of an informal panel discussion at UB on Wednesday, October 29. The advantages and disadvantages of the bill were debated by two speakers — Laura Wagner and Milton Norsworthy discuss Bond Act. Milton Norsworthy, a plant manager at Olin Corporation, and Laura Wagner, of the New York Public Interest Research Group (NYPIRG). The Bond Act will provide for $1.45 billion to be raised for the sale of general obligation bonds. Most of this, $1.2 billion, will be dedicatedto cleaning up inactive hazardous waste sites, with $100 million available to municipalities to assist in closing non-hazardous municipal landfills. Of the 978 sites currently listed by the Department of Environmental Conservation (DEC) as most urgently needing cleanup, 216 are located in the Niagara Falls region. State general revenues will be used to pay the bonds, but industry fees willreimburse the State general "fund for one half of the debt service (principal and interest) incurred for cleaning up these sites. As Wagner explained, the main problem which might have inhibited passage of the Bond Act is that few people knew about it. According to a recent telephone survey conducted by NYPIRG, only 15 percent of those questioned knew anything about the Bond Act. However, 80 percent of the people questioned were in favor of it. Norsworthy, a memberof the Business Council and last year's Chair of theChemical Association of New York, stated that Olin Corporation is in favor of the Bond Act. Olin produces pesticide products and chemicals for making paints and bleaches. Many of these chemicals are considered hazardous. Norsworthy stressed the prob- lem of "orphan sites," for which no responsible party can be identified. The chemical industry is very interested in this issue. "It's not just the chemical companies" who have produced these sites, he said, but "other manufacturers and even municipalities" have contributed to them as well. "We know where our sites are, then you turn around and make us pay for other sites too." The Bond Act monies dedicated for hazardous waste cleanup would be used for "Class 2" sites, those which are classified by DEC as presenting "an imminent danger" to public health and safety, Wagner said. The danger stems from the potential contamination of the groundwater supply, as well as from general exposure to hazardous wastes within the site. The problem with avoiding landfill storage as an alternative, Norsworthy stated, is that continued on page 13 Former Teacher Recounts Trip to Chile by Krista Hughes Only about 20 students showed up on Wednesday, October 29 to hear former Ken- more school teacher Carol Alt discuss "Images of Chile," and her impressions of the current state of siege in that country. The hour-long talk was sponsored jointly by the Latin American Task Force of the National Lawyers' Guild, the Latin, Asian and Native American Law Students Association (LANALSA), and the Buffalo Public Interest Law Program (BPILP). Mrs. Alt's discussion focused on a slideshow of pictures from her recent trip to Chile. She was one of eight American members of the United Church of Christ (UCC) who were sent to Chile by the United Church Board of World Ministries and the UCC Officefor Church in Society. They were hosted by the Latin American Council of Churches. The group prepared a report of their two-week stay in Chile which listed their aims as: "to study the human rights situation; and to bond the partnership formed one year ago between the UCC and the Pentecostal Church of Chile." Mrs. Alt remarked that it might seem strange that the UCC would form a partnership with the Pentecostal Church; however, both groups are very concerned with human rights, and the UCC is hoping to find ways to improve the political, social and economic situation in an extremely poor and oppressed country. Mrs. Alt, who taught in the Kenmore-Tonawanda school system for 19 years, had taken a leaye of absence two years ago to work on a masters degree in nutrition. Her intent was to use her knowledge to help in Third World countries. Her recent trip to Chile was the second of such trips. She spent some time in Nicaragua in January. Mrs. Alt's group, composed of five ministers and three laywomen from all over the United States, arrived in Santiago, Chile on the morning of Sunday, September 7. It was that night that an attempt was made on the life of General Agosto Pinochet Ugarte, the military leader of Chile. That at- on Pinochet's life plunged Chile into a state of tempt icans were probably flying some of the planes which were involved in the attack on Allende. Mrs. Alt explained that there are three kinds of "states;" a of danger, state of emergency, and state of siege. The report of the factfinding state team indicated'that during a state of siege, homes may be searched without warrants, all public meetings are banned, all opposition news services are suspended, and strict curfews are enforced. Mrs. Alt estimated that in the 13 years in continued on page 14 siege. Pinochet, withthe help of the CIA, seized power in Chile in 1973, with the assassination of socialist leader Salvador Allende. Allende was killed while in La Moneda, the capitol building in Santiago. Mrs. Alt showed a picture of the plaza which houses the government buildings, and pointed out that the surrounding buildings still bear the marks of bullets which were fired in 1973 during the military coup. One of the group's tour guides had suggested that "Chilean pilots could not have done such a good job," and the general feeling was and still is that Amer- Students are told truth behind "arpieres." Canadian and American Rights Discussed Canadian civil liberties was the topic of a colloquim held at the Law School on October 24. Two speakers and two commentators discussed at length the state of individual rights north of the border and what effect the Charter of Rights and Freedoms may have on them. The four panelists were June Callwood, columnist for the Toronto Globe and Mail and vice president of the Canadian Civil Liberties Association; Jamie Cameron, professor of Canadian and United States Constitutional Law at Osgoode Hall Law School at York University in Toronto; Edgar Friedenberg, professor of education and \ sociology at Dalhousie University in Nova Scotia and a visiting professor at UB this year; and David Fraser, also of Dalhousie, a visiting professor at theLaw School. Speaking first, Callwood introduced a recurring theme of the colloquium, the difference between Canadian and American perceptions of civil liberties. According to Callwood, Canadians trust the state and believe in authority, unlike Americans. "The American Revolution created two countries," she said, "All the people sympathetic to the rights of the individual and overthrowing the state went to the United States and all of those who were to- tally opposed to the rights of , the individual, admired the state, and admired tradition went to Canada." Sharing a continent with a nation devoted to individualism forced Canadians to emphasize their own love of the state to maintain their own identity. A "garrison mentality" created by threats of invasion from the south "tended to reinforce the Canadian attitudes of love of state and tradition, intensifying them to make a distinction" between the two countries separated by an imaginary line of latitude. These attitudes were all Canadians had to create a difference. "American have a unifying picture of themselves but in Canada people live in cultural clusters and have no larger loyalty to Canada. We couldn't imagine a House-un-Canadian Activities Committee; none of us could ever identify what it is to be Canadian." Because of the style of Canadian law, said Callwood, civil liberties haven't been considered very important there even under the "Americanizing" influence of the 1982 Charter of Rights and Freedoms. Canada "still tends to control all kinds of social problems with continued on puge 12 . Inside... The FBI TheCDO 2 .6 7 GSL The Boy Mechanic 9 10 SBA Briefs Buffalo's Bars . ... 15 �BLSA and LANALSA Hold Pot-Luck Supper Students and faculty had the opportunity to sample everything from the ordinary to the exotic at the "Faculty Cultural Culinary Social" held at 6 p.m. on Thursday, October 23 in the fifth floor faculty lounge. The event was co-sponsored by the George and Wade enjoy casual conversation before dinner. Black Law StudentsAssociation and the Latin, Asian & Native AmericanLaw StudentsAssociation. Those in attendance treated their palates to everything from lo mem curry to rice and beans to Buffalo chicken wings. And, for those with a sweet tooth, there was cheesecake, peach cobbler, and rum chocolate cake with cherries, among other diet-shattering desserts. In addition to the food, the approximately 50 people in attendance were also treated to music and poetry readings. and a pair of students do likewise The FBI: Looking for a Few Good Law Students by Paul W. Kullman In pointing out that the Federal Bureau of Investigation is "always" looking for law students, special agent Mike Kogut said chances for employment with the agency are especially "excellent" for graduates over the next five years. Kogut, along with partner Paul Moskal, spoke with students on Friday, October 24 in O'BrianHall room 210 on career opportunities with the FBI. Kogut said that over the next five years, the agency will replace approximately 50 percent of its 8,800 employees nationwide. A native of Buffalo and a 21-year veteran of the agency, Kogut said the FBI remains the law enforcement principal agency in the country, responsiblefor investigating 250 viola- tions of federal law. "And the list continues to grow. "We're anticipating a very large hiring year because of the number of agents retiring," he said. "You can retire after 20 years if you reach age 50." Kogut said that traditionally, the FBI has especially recruited from two segments of the education population; those seg- ments including people with law and accounting degrees. "Because today's society is ready to sue at the drop of a hat, we need people to serve as advisors to the FBI," he said. "And we need accountants because of the growing number of white collar crime. We've gotten out of gambling, prostitution, and extortion as these crimes have gone down. "More money leaves through embezzlement now than bank robberies," he continued. "The average bank robbery nets $2,000-2,500 whereas the average embezzler makes around $100,000." Kogut said there are three other areas from which the FBI seeks to recruit people: foreign languages, the sciences, and those possessing a "diver- sified" background. He said the agency employs a seven-step "deselection process" to determine which candidates will go on to become special agents. The first step, according to Kogut, involves taking a written exam which tests memory, reading comprehension, psychological profile and personality traits. Assuming a candidate scores enough points, Kogut said the next step involves a personal interview. "We're looking for certain personality traits. Prior conduct predicts future conduct." Next, a background investigation is conducted and the candidate must undergo a complete physical. Kogut said the investigation of one candidate costs the agency about $12,000. Step four involves a physical fitness test and step five requires a drug test, including a urinalysis, Kogut said. Step six calls for the agency to make a "broad base selection. We look at the total picture" of a candidate, he said. If selected,, a candidate then spends 16 weeks at the FBI Academy in Quantico, Virginia. Once there, according to Kogut, a candidate takes the equivalent of an undergraduate load of courses; learns to use firearms; and undergoes a series of physical fitness tests. Pending satisfactory comple- first four years. After their fourth year, they are placed in one of the agency's "top 12 offices" like Chicago or San Diego. Agents do have some input in this placement according to Kogut. "After that time, you can pick the place you want tion, the final step involves acceptance into the agency and to go." Kogut said salariesfor special agents start at $24,011. But, when a candidate is assigned to his or herfirst bureau, some- assignment to a bureau. The total process takes approximately nine months to a year to complete. Kogut said after joining the FBI, agents must be willing to accept transfers during their time before the end of the first year, the salary jumps to $30,000. While the FBI currently em- ploys 8,800 agents, only 650 are women, according to Kogut. "We're especially looking for women and minorities." Kogut said an agent's "typical" hours run from 8:15 a.m. to 5 p.m., "but you're subject to call-ins at all hours of the day Nevertheless, and night." Kogut said he can't think of a more rewarding job. "Based on my 21 years, I can't conceive of a job with a higher level of independence, decisionmaking, executives pay, and the ability to belong to an elite group." UB Law Grad Discusses FBI Career: "Excellent Opportunities" Are Available by Paul W. Kullman agency's in-house counsel in Washington, D.C. Currently, this division employs 60-75 attorneys." The second way is to become a principal legal advisor, the position which Mos- Law students interested in careers "at the cutting edge" where they will have to use their legal education "to tell when the gray starts to turn white or black" ought to consider the Federal Bureau of In- kal holds. "In my position, you provide continuing legal education to the agents in your department," he said. "You tell your people what the state courts say, what the Supreme Court vestigation, according to special agent Paul Moskal. Moskal, a UB Law School graduate, and partner Mike Kogut spoke to a group of 21 students on Friday, October 24 in O'Brian Hall room 210 on career opportunties with the FBI. Kogut said the agency will replace approximately 50 percent of its 8,800 employees within the next five years so op- portunities are "excellent." According to Moskal, there are two ways to use a legal education within the FBI. The first is to become a part of the says. You review every affidavit for a search warrant, wire tap, etc. You do everything you could imagine." Despite his legal duties, Moskal said he considers himself a special agent "first and foremost," and "then an attorney." The seven year veteran - said that while he clerked for an attorney during law school, he knew he wanted something dif- ferent after graduation. "I wanted to be a Sherlock Holmes, a James Rockford," Moskal said. "I felt I could practice law any time, and that I could always go back if I didn't like it at the FBI." Moskal, who began his career in the Buffalo office, also worked in New York; Monterrey, California; Cleveland; and San Diego before choosing to come back to Buffalo. Recently, he's been involved with the bank robbery incident at the Clarence Mall where one of the suspects claimed to have a bomb, and the threatened hijacking incident at Buffalo International Airport. "As the crimes have become more complex, the laws have become more complex," Moskal said. "Thus the need for attorneys." Law School Yearbook Needs Student Volunteers The Advocate, last year's yearbook. To gauge student interest, two fliers were sent out at the beginning of the semester. According to Newell, eight students responded. An organizational meeting was then held, Newell said the students and but only three students atadministrators involved in the tended. yearbook so far are very "gung Newell feels the yearbook ho," but plans aren't set yet. can be published by eight stu"We're trying to get some dents, "as long as the interest sense of student support." and expertise is there," She Last year a yearbook for the pointed out that last year's AdvoLaw School was published for cate was published by a small the first time in 12 years, acnumber of people. cording to Newell. "We would SBA Vice President Jack not like to lose the momentum Luzier, a third year studentwho now." attended the organizational Newell explained that as the meeting, feels that more stunew assistant dean of admisdents are needed. "Everybody sions and student activities, she loves (the yearbook), but we felt it was her duty to explore need people to back it up." Luzier explained that working the possibilities of continuing The Opinion November 12, 1986 by Vincent Doyle Efforts to publish a Law School yearbook for 1986-87 are underway, but organizers are searching for more student volunteers, according to Assistant Dean Aundra Newell. 2 . on the yearbook would not be a "large commitment. "My view is if we get enough people together to put in enough and organize it well, time we can do it." Newell also feels that careful organization is necessary for the yearbook to be a success. She remarked that with good organization, an early start, and an adequate budget, this year's Advocate could be better than last year's. Last year's Advocate was received with "a very positive reaction," according to Newell. The 104-page book contained photographs and biographies of the graduating students along with photographs of the various Law School activities. Luzier thinks last year's book was very good. "Overall, last year's book was great. With a larger number of people contributing, it can be better." " Getting it off the ground was the greatest contribution of last year and I just want to keep it going," said Luzier. Newell said that any interested students should contact her in O'Brian Hall room 312. Luzier added that interested students can also leave him a note in his mailbox, #710. HHMHHHLiHHMHrfIHHHHHHLIHHHH \ m \S 9 HVTMVnn WUKIJ: dw '• 41) Seventh Avenue. Mtt (2 New York. New York 10001 \ h gj QlljfMm (»OI)«5-5X3 b h hii ii mmmmm huhran m m m h ■■■ �JOIEPHION WM-TMm mmVmmL\tmm mWm\ September w MillwEH m Wfll SSSSESS 15^ ■■■■■■■ ■■■■■■■ ■■■ 'Wit 1 ■■■■■■■ BAR REVIEW COURSE <rv ii 1/Is(muit! October FREE MPRE with course (excluding Michigan) 25% off Kluwer Legal Study Aids (one f/rne on/y) FREE BookbdQ ■ ■ ■ v .A^^^^sa^^^;. HiHH|H|H|H|[|K HI ' • jßf| ••''■ 31 31 31 31 November Iril For more information contact your campus representative or •• ■■■■■■■ ■■■■■■■ ,n jLOAi l/fllj : 31 ■> fil HI aaj Kfl MB] H IT "^^ BPr^'7jWi'v^B^!Bl BBriEf^BkllßwHH LEGAL EDUCATIONAL CENTERS, INC iO Eosl 21st Street, Suite 1206-7 New York, NY ] 0010 (212) 50.5 2060 or (800) 421-4577 1986, Josephson-'Kiuwe' Legal Educational Centers, November 12, 1986 The Opinion 3 �i Ist and 2nd Year I Students!! •J You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to con- i J I I tracts to criminal law. I Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service. MmSVC L „ . . For an appointment call (716) 846-4911 or 1-800-FOR-USMC j i m 4 The Opinion November 12, 1986 . .*^£bW �Nader Addresses Public InterestLaw Students Over 60 law students representing 30 law schools from across the country gathered in Washington, DC for a three day conference on public interest law. The October 17-19 conference was sponsored by the National Association for Public Interest Law (NAPIL), an association of law school-based public interest funding organizations. Many of the conference attendees were leaders of income-sharing programs at their schools. These programs provide funding for law students and lawyers working for public interest groups and under-represented segments of the population. The law student and alumni members of incomesharing programs contribute a percentage of their summer or representation. Together they raise over $500,000 annually for summer grants and full-year fellowships. Douglas Phelps, former administrator for public service placement at Harvard Law School, referred to such efforts as "the most commendable development of the past decade when it comes to the legal profession taking responsibility for insuring the survival and growth of public interest law." ference. This manual is a step- torneys working in low-paying and interests that are often excluded from the courts and legislatures gain access to legal manual are available from the association's office at 215 Avenue, SE Pennsylvania interest work. Activities at the three day conference included workshops on promoting public interest work within law schools. yearly salary to help persons To assist schools without existing programs, NAPIL unveiled its new publication, "Tithing for Justice," at the con- by-step guide to establishing an income-sharing program and supplements the clearinghouse services already provided by the association. Copies of the . Washington, DC 20003. Michael Caudell-Feagan, NAPIL's executive director, said, "NAPIL was set up by law students to help those dedicated to serving the public interest. This manual is simply a first step. Much more is planned." NAPIL currently distributes a newsletter and travels to law schools throughout the country to tell students about the potential of income-sharing. Soon NAPIL will release a manual on loan forgiveness programs (law school programs designed to alleviate the debt burden of atpublic interest jobs), and a compilation of resources available for students interested in public involving the bar more actively in funding programs, and establishing clearinghouse services for public interest employment opportunities. Prominent public interest lawyers led panel discussions on the role of the public interest lawyer and Ralph Nader. He challenged law students to act now to remove the injustices which exist in the law school classroom, legal curriculum and legal community. Nader noted, "Too often law students concentrate on developing their analytical skills the needfor law school reform. Speakers included: Joel Ario, but allow their normative skills to atrophy. Law schools narrow the brightest minds by teaching them to play logic games while ignoring rampant injustice." coordinatorof nationalprojects for the Public Interest Research Groups; Barbara Bezdek, assistant professor of law at the new City University of New York Law School; Alan Houseman, director of the Center for Law and Social Policy; Ellyn Weiss, general counsel to the Union of Concerned Scientists and partner at Harmon and Weiss; and Bill Roberts, counsel to the House of Representatives Subcommittee on Commerce, Nader encouraged students to open their eyes by leaving the library and spending time in poverty stricken areas or in communities with toxic waste dumps in their back yards. "Take the anger that you'll feel back with you into the classroom and start working to change a legal system which so grossly misallocates legal talent," he added. Transportation and Tourism. The conference concluded with an inspirational address by New York DA Elmore Tells ofLife in the Big Apple by Shelley Rene Rice John Elmore, an assistant district attorney from NewYork City, spoke to students about the benefits of working in the New York City District Attorney's Office. Elmore was polished, professional, and well-dressed, and this expelled any of my illusions that as an assistant district attorney I would be destined to live a poverty-striken subsistence existence, and a polyester-suit destiny. A graduate of Syracuse University and a former New York State Trooper, he felt right at home in Buffalo, reminiscing about his nightmares of taking the bar exam in O'Brian Hall. He sincerely seemed to enjoy his job and stressed that a prosecutor's job is "not to obtain convictions, but to do justice. to protect victims, not to convict innocent people." Elmore assured us that working in the New York City District Attorney's Office is good .training to be- come a trial attorney. New entrants go through a three week orientation, with extensive training in trial technique and evidence, and sign up for a three year commitment to the prosecutor's office. On the average, an assistant district attorney works from 8 a.m. to 7 p.m., with mandatory night duty. The NewYork City District Attorney's Office allows new entrants to litigate prior -to being admitted to the bar, but they must pass the barafter sitting three times, or they will be asked to resign. Most assistant district attorney's go on to other careers after four years. The starting salary of an assistant district attorney is $24,000 with a $1,000 increase after passing the bar, then periodic increases up to $10,000 over a three year period. The NewYork City District Attorney's Office is seeking to hire mature individuals with discretionwho are organized and able to work independently. Third year students interested in getting appointed to the New York City District Attorney's Office full time in 1987 should submit a letter and resume by February 1987. Summer internship posi- tions are available for first and second year students. The internship program begins in June and lasts ten weeks. It includes a three week training program, and it allows interns to accompany district attorney into ac- . tual litigation proceedings. Interns are paid $100 per week, and may be subsidized by college work study or some other award. Summer housing is. available at Columbia University. Interested first and second year students should apply in December 1986 for the 1987 summer internship program. Library Exhibit Policy The Law Library display cases are available to members of the law school community (law students, faculty and librarians) for law-related exhibits. Space is available as provided in the American Library Association's Library Bill of Rights, sec. 6 which reads: Libraries which make exhibit to the public they serve should make such spaces... available facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Requests for exhibit space should be directed to Professor Gibson, Law Library Director, 205 O'Brian Hall. Requests will be handled in the order received and on a space available basis. Exhibits will be limited to a duration of one month. Attention! «sP^Class of 1987 and 1988 <£> Save $100 off the 1987 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. STATE NEW YORK . 1987 REGULAR TUITION MV\ |ERSF> $895 $695 MASS., CONN.. \ 1.. MAIN! VII. $795 DISCOUNT $795 $595 100 VPIWW $50 REGISTRATION FEE IN NEW YORK NEW JERSEY OR ANY 4issiw\m \\i\i NFW INLVV FN GLAND STATE \l\\ RESERVES THIS PRICE. *' YOU PAY ONLY \|\\ H)KK $095 iQXQI/vf f imhi U)Kk »: It vii M ' i iwk omwonwi \iiii -wis i ISOSION \I\SS\CMI smSLUHh ' "' November 12,1986 The Opinion —— 5 �... Getting a Job and Keeping It CDO and Go! Go! Go! Intro to CDO Sources and Job Hunting Tips Doled Out by John Bonazzi If there is one thing that makes law students cringe — even more so than a Bill Rehnquist Restrictive Covenant or Great Dean Search the Travesty —it has to be the search for the meaning of the Law School cosmos: a job. It must be quite distressing for students to realize that after three years of work, there is then the necessity to go searching for even morework.lt is just enough to make one give up law and take on something that requires no skill or competence like a business degree, for example. One wonders where to begin. That is what this article is all about. (It beats reading Contracts.) For those who see the job search process as the equiget valent of "On your mark set... get set... get 5et...," — .. Once you've convinced the people in your officethat you're both motivatedand competent, you should begin to make contacts. Talk to the attorneys. They love to give advice. Ask them. Find out what the employment picture is both in that firm and in that job market. Chances are that if your boss can't hire you, he will know of someone in that market who will. An important variable here is market proximity. That is, how far removed from Buffalo the job market you wish to work in is located. The reason for this, of course, is that the familiarity of our school's reputation is in- versely proportional to the distance of a particular market from Buffalo. While we are becoming better known outside of Western New York each and every year, graduates will still you'll be pleased to learn that find it somewhat difficult to crack new markets. things aren't really that bad. The Law School has a solid When networking, especially career assistance program with when it is in a distant city like Philadelphia or Boston, the perhelpful resources and the personnel (even if there are only sons) to contact are alumni. two of them) to provide valuAlumni can be especially helpable assistance. ful in describing the job market In general, the first thing to in that area and providing do is to learn about the legal leads. Be aware of one fact, field. By becoming familiar with however; while alumni can be the entire field, one can then helpful, they will be very critical, as they don't want you to make informed and even semirational choices regarding inruin their reputation, or the terests and career paths. Until She implores students to take advantage of this program, noting that only a very disappointing few did so last year. For more information, please see CDO. Another resource is the Career Panels that visit the school. If you attendedthe one heldrecently on ManhattanDistrict Attorney office positions, you probably gota feel for what they are all about. There will be more of these in the spring. If you are interested in a public interest career, you've come to the right school! Besides an active public interest student organization, there is a public interest advisor, Diane Dean, located in room 627. By being placed on the Public Interest Mailing List, you will receive notices of available public interest internships and positions. Ms. Dean is always happy to review resumes and cover letters for public interest positions. In addition, CDO co-sponsors the Public Interest/Public Service Symposium in New York City each year. This worthwhile program offers the public interest-oriented student the opportunity for a job search among a group of assembled organizations committed to that area. Student resumes are you've accomplished this the rest is just a waste of everyone's time. A really good way to explore the law profession is to become familiar with certain helpful publications. Two good ones are The National Law Journal and Student Lawyer, an ABA publication with articles of interest to the law student. Once you have an idea of where you want to go, the next step is discovering specific information about the job market in the legal and geographical areas in which you wish to work. There are many ways to do this as you'll see, and net- working is certainly an important one. Networking is a process in which, while working in a chosen area of law, the student makes contacts and uses those contacts to develop new internship/job leads. If, for example, you are interersted in doing civil litigation in Buffalo, you would want to start by networking. The first step would be to work one-on-one with a local attorney currently involved in litigation work. This not only allows you the opportunity to truly evaluate your interest in this area, but also to learn some valuable pointers, and more importantly, meet the people in Buffalo who practice civil litiga- — seeking help. CDO director Audrey Koscielniak. school's for that matter. You may be wondering how to get the ball rolling in thefirst place. How do you develop contacts, or set up an internship? Thankfully, the Career Development Office in general, and Audrey Koscielniak in particular, have set up some very interesting programs to get that ball rolling. An absolutely fantastic way to establish that initial contact fs by taking advantage of CDO's One-to-One Program. In this program, students spend a halfday with an attorney, observing them in practice. This gives the tion law. While it may seem obvious, the next thing is to do a great student a sense of what law job. Good attorneys are a dime practice is all about, and allows dozen; outstanding ones a are a rare (and sought after) the student to make better-informed placement decisions. commodity. Get involved in CDO maintains a card file on your job, even if it is only a five or ten hour per week position. participating attorneys. There Make them your five or ten are available different types of most enthusiastic and motilaw practice and different firm vated hours. (Except for Thurssizes. Ms. Koscielniak stresses day night Bennigans' parties, of that this is not a job placement program, but an opportunity to coursel) Show a continuing interest in the attorney's work see what the law is all about. and volunteer for assignments As she said, "You can't make when possible. career decisions in a vacuum." The Opinion November 12, 1986 6 the school each year for student interviews. Notices of these recruitment trips are put up outside CDO. Assuming you've identified the firm or organization you wish to apply to, you should then research it. Learning about the firm and its strengths and opportunities is the one thing that law students fail to do most. There is nothing more embarrassing than being asked in an interview about that firm and not being able to give an informedresponse. If that isn't a kiss of death, then nothing is. Once you've learned about the firm (contacts are important not only for the leads, but for this information too!) you should set up an interview. This is where CDO comes in. However, remember: CDO assists the student; it doesn't do the work for the student. The first thing to prepare is your resume. CDO, always bombarded with questions and pleas for assistance, will be glad to help, but asks that you help yourself first. In other words, attend a resume workshop prior to seeing CDO for help in putting together that resume! Resume workshops are being held presently consult the previous CDO newsletter for information on these. Along with the resume, an interesting and well-written cover letter will do wonders in getting you an interview. Do not look at this as an unimportant resume enclosure. Many times, it is the cover letter, and not the resume, that secures the applicant an interview. Again, CDO (and the Public Interest Office if that is your career choice) is happy to help, but you should attend a workshop prior to accepted, and job interviews are granted. Again, see CDOfor details on this. Once you've done all this and have acquainted yourself with the area of law you wish to practice in, the next thing to do is get that position! CDO maintains a Job Book, in which listings are kept on various legal positions. Leads for jobs and internships are posted on the bulletin board outside CDO. Also, firms and organizations recruiting for positions are brought to CDO can also be helpful in assisting you with the initial contact, interview, and follow-up. You should keep CDO informed of the status of your job hunt. When you become aware that you will not be accepting an offerthat has been extended to you, you should decline the offer immediately. By doing this, you allow the employer to extend the offer to another deserving person, and don't poison the CDO-Contact relationship, so that students in future years are able to use this source. For a refresher on job search standards, see the CDO newsletter dated October 24. Another service that CDO is currently putting together, which will be very valuable to students conducting their job search, and which will make that job search infinitely easier, is the computerization of all employment data. It will work like this: a student punches into the computer the area of law, the geographic region, and the size firm s/he is interested in, and the computer will spit out all of the firms and organizations that fit that description. Think of the *<—• enormous time-saver this will be! (If only legal research could be so easy!) One problem, though. Because our Law School obviously views CDO with having allof the importance of, say, our Committee, Search Dean they've limited that office to two people. Not exactly NYU or Harvard, who have as many people on their staff as we have people unable to find parking every morning. (Now, that's a lot of people!) As a result, even the first year students may never see this service; never mind the second and third year students, who need it most. Presently, the CDO staff must work on this project during their spare time. It will require hundreds and hundreds of* hours and probably will not be in existence in even its most basic form until 1988, and not available in any useful forrp until 1990, unless CDO gets some much-needed help with this. Since this is for the students' benefit, a couple of hours a week invested by each student would go a long way in getting this service on line by late next year. In sum, if you're a third year student and any of this article came as a surprise, you'd better get hopping. Job security is about to pass you by! For second year students, you should be well on your way to making contacts, setting up summer internships and, in general, beginning the networking process described above. Next year will generally be too late. For first year students, you need to get started now. At the risk of adding to the stress of the current year, you should bear in mind that, in many respects, this year's grades are the most important you'll receive.You need to dowell if you are to land a corporate or other high-paying, competitive position. You should be attending the resume workshops and participating in the One-to-One Program. Don't be left out in the cold. It may seem very early to you, but actually, deadlines for some summer internships are quickly You approaching. should begin exploring the possibilities soon. Besides, it beats Civil Procedure. And there's much less reading! Remember, the job search will be only as productive or traumatic as you make it. — — Summer Legal Program The editors of the National and Federal Legal Employment Report announce the publication of the 1987Summer Legal Employment Guide. This seventh annual edition of the Guide contains detailed information about hundreds of legal positions for law students available in Summer, 1987 with 65 Federal departments and agencies, plus international organizations and Legal Services Corporation Grantee Programs and National Support Centers. Each Guide entry lists thefollowing program information: Application address •• Salary or. stipend requirements •• Eligibility Number of positions Application deadline •• Program description Application forms • Order the 1987 Guide now so that you will be able to apply early for these highly competitive positions. Single copies of the 1987 Guide are $12, including postage and handling. Orders of 10 or more copies are $10 each. Copies may be orderedfrom Federal Reports, Inc., 1010 Vermont Avenue, N.W., Suite 408, Washington, D.C. 20006. Visa/ MasterCard accepted, call (202) 393-3311. �Amount of GSL Dollars Available Increases by Kathy Peterangelo Johnson As many of you may know by now, there has been an important piece of legislation signed by President Reagan on Oc- tober 20 which will affect the processing procedures for Guaranteed Student Loan applicants. Some of the changes resulting from this enactment will be of benefit to you; however, as usual, most of the changes will cause problems in getting GSL funding. The good news is that the new legislation increases the amount of GSL and ALAS (now known as SLS Supplemental Loans for Students) funding annually available to students. Beginning next year, students can request up to $7,500/year from the GSL program and $4,000/ year from ALAS. Presently, there is a $5,000/year cap or GSL and $3,000/year cap on ALAS. Now for the BAD news Effective as of October 20, all schools are required to use a Family Contribution (F.C.) in as- - ... and a corresponding F.C. (depending on the number of persons in the household). As long as you were not in receipt of sessing your GSL eligibility. The Family Contribution is calculatedfrom the information on the Financial Aid Form (FAF). How does this change things? Well, prior to that date, the school was not required to use a Family Contribution as long as the combined family adjusted gross income was less than $30,000. In other words, if your total family income was less than $30,000, the formula used to determine your GSL eligibility was basically cost of attendance less aid. Under the new regulations, a Family Contribution will be used in calculating your GSL eligibility even" if the income is under $30,000. The formula used to calculate your GSL in all cases as ofOctober 20 is cost less aid, LESS FAMILY CONTRIBUTION. For many of you, the implementation of the new GSL formula will not have a significant effect; however, it is quite possible that the inclusion of the F.C. may reduce the amount of GSL monies which you may NDSL or CWS, the school could use the F.C. from either the FAF or federal charts. In such cases, the school would use the lower of the two figures in order to ensure you of the maximum loan eligibility. Under the new regs, the federal charts have been eliminated. As a result, the Family Contribution as derived from the FAF is the only acceptable figure which the school may use. This may result in a larger F.C. than that used in previous years, especially for families with significant assets. ALAS eligibility will still be receive. For students whose family incomes have always exceeded $30,000 (and thus a F.C. has always been used in assessing their eligibility for a GSL), the new legislation may also have an effect on you. In the past, the F.C. could be derived from one of two sources. In most cases, theF.C. was calculated from the information on the FAF using a federal formula. The school could also derive the F.C. by using federal charts. These charts listed an income level calculated using the formula of cost less aid. An F.C. is not used in determining your eligibility for ALAS. Please stop by if you have any questions pertaining to these changes. As more information becomes available, I'll let you know. Financial AidForms Are Now Available in Spanish Spanish-speaking New Yorkers will now be able to request state student financial aid using applications written in their native language. Dr. Dolores E. Cross, President of the New York State Higher Education Corporation Services announced Wednesday, October 29. Twenty-two thousand Spanish-language versions of the 1986-87 New York State Student Payment Application are being distributed this week to colleges, high schools, public libraries, and various community-based organizations statewide— marking the first time the form has been available in a language other than English. Free copies may also be requested by writing to: "Solicitud Para Pagos Estudiantiles," NYSHESC, 99 Washington Avenue, Albany, New York 12255. The Student Payment Application is used to request financial aid through 14 major state grant and scholarship programs, including the Tuition Assistance Program (TAP) and the Regents College Scholarships Program. It also contains general information regarding each program, such as eligibility requirements and maximum award amounts. The application booklet is reprinted annually, in accordance with pro- gram changes. "From now on, the application will also be printed in Spanish on an annual basis," said Dr. Cross. "By making it available in Spanish, we hope to encourage more Hispanic students and parents and prospective students to explore the various state financial aid opportunities and apply for appropriate assistance." "Higher education is more critical for the future of Hispanics now than ever before," said Shirley Rodriguez Remeneski, executive director of the Governor's Office for His"I applaud panic Affairs. HESC's decision to make the Jack Kemp Hails Federal Tax Reform Now It's Time to Tackle N.Y. State — Washington, D.C. Rep. Jack Kemp (R-N.Y.) participating in President Reagan's signing of the Tax Reform Act of 1986 on the White House lawn hailed the new legislation, and in a telegram to New York's Gov. Cuomo called for "an immediate, and top priority plan to reduce New York State's incentive-crushing income tax rates." "After many premature reports of its death," said Kemp, "tax reform is now a reality. While I would have done some things differently, this new bill is a real winner for the American worker and a triumph for the American system. I am honored to have played a role in helping to forge the goals of tax reform, beginning in earnest with the 1981 tax rate cut and continuing with the bipartisan tax reform bill signed by the President today." Kemp said, "I am especially pleased that the new tax bill contains key features of the Kemp-Kasten plan: about the same top income tax rate, a full $2,000 personal exemption to help America's families, re- moval of 6 1/2 million poor people from the tax rolls, and retention of important middle income deductions like home mortgage interest, property tax, and workers' fringe benefits." In a telegram to Governor Cuomo, Kemp said, "But Federal cuts even a more urgent priority than before. New York suffers from the highest, most economically destructive, and most onerous state taxes in the country. I agree withSenator Moynihan thatwhen it comes to taxes 'We are first; there is no second.' Can anyone seriously deny that NewYork's high state tax rates are the greatest impediment to a full state employment economy and that they are undermining our competitiveness against states like Connecticut and New Jersey with much lower income tax rates? New York State and Business Council President Raymond T. Schuler was absolutely on the mark when he said that 'an excessive personal income tax is already New York's greatest single disadvantage in competition for jobs and businesses with other states.'" "Yet, unless immediate action is taken," said Kemp, "our State tax burden will increase even more. At the same time that Federal taxes will decline on New Yorker's by $1.6 billion next year, New York State taxes will rise by between $2.0 and $2.4 billion, and the City will reap a $300 millionwindfall because of the linkage between Federal and State/local taxes. On the federal level the loss of various deductions will be offset by much lower tax rates, but at the State and City level taxes will increase dramati- cally, unless tax rates are also reduced." Kemp also said in his telegram to Governor Cuomo that: "Moreover, the reduction of federal tax rates will make New York's high State tax rates stand out more than ever like a sore thumb.The brunt of every additional New York State and local tax dollar will be magnified by up to 44 percent, further exacerbating our competitive position and putting even more pressure on New York State officials to provide some measure of relief to our hard-pressed State taxpayer." "To counter the automatic New York State tax increase and remedy the side effect of lower federal tax rates on New York State tax deductibility, I call on every New York State official to heed the calls of desperation and anger of our State's working taxpayers. New York's State tax windfall must be given back to the people by lowering State tax rates, not through a one shot tax rebate, but through a permanent State tax rate reduction for all citizens. We must cut New York State taxes by at least 30 percent across theboard and eliminate the tax distinctionbetween capital and labor income. A New York State tax initiative can complete this round offederal tax reform, and offer the promise of a new era of growth and prosperity for NewYork." TAP application available in Spanish. This should encourage more Hispanic students to apply for the kinds of financial assistance they sorely need." The Spanish-language translation of the Student Payment Application also contains the revised TAP award schedules undergraduate for and graduate students, reflecting funding increases approved by the state legislature and Governor Cuomo during the 1986 legislative session. Another HESC publication, "Usted Puede Pagar Por Sus Estudios Universitarios," ("You Can Afford College") has been available in Spanish since 1981. This brochure describes the most widely-used state and federal student aid programs, and offers advice to students and parents about the financing of a postsecondary education. Free copies, in English or Spanish may also be obtained by writing to NYSHESC The New York State Higher Education Services Corporation is the state government student financial aid agency. Last year, HESC provided $1.5 billion in aid to New York State students, in the form of grants and scholarships and through the guarantee of educational 'oans. THE PASSWORD: 415 Seventh Avenue. Salle 62 Mew York. New York 10001 (212) 594-5696 (201) 623-536) Practitioners, Students Attend 13thAnnual Int'l Law Conf. oy Sheila Hughes Rodriguez Students from all over the United States gathered in Washington, D.C. two weeks ago for the 13thAnnual International Law Weekend. The conference, which was held on the campus of the Georgetown University Law Center, was sponsored by the Washington Regional Council of Interna- tional Law Societies. The program began on Friday, October 17 with a panel of attorneys who practice in the representatives from NASA and the Export-Import Bank of the United States. Although funding has been suspended for NASA's summer legal internship program, the progam will continue to be open to approximately four law students on a volunteer basis. Budget constraints were also experienced firsthand while visiting the Export-Import Bank the government just happened to shut down at 12 p.m. on Friday. This presented a rare opportunity to see the entire Export-Import Bank being run by nine people, one ofwhom was meeting with us. On Saturday, students heard panelists discuss the Interna- — field of international law. The panelists included: Stephen M. Boyd, an attorney with Bryan, Cave, McPheeters & Mcßoberts; L. Timothy Dickinson, an attorney with Gibson, tional Court of Justice's influDunn & Crutcher; Larry Garber, ence on international law in the the director of the International context of the Nicaragua case. Human Rights Law Group; WillPeter iam W. Gearhart, the assistant Featured speakers were Olsen, the assistant legal adgeneral counsel for the Internavisor for Inter-American Affairs tional Trade Commission; and at the Department of State; and Jack O'Brien, the general counProfessor Abram Chayes, who sel at NASA. In the afternoon, small argued before the ICJ on behalf of Nicaragua. groups of students met inforForthose interested in similar mally with attorneys from variupcoming events, information ous private law firms, governcan be obtained through the Inment agencies, international ternational Law Society. private and law organizations, groups. This writer met with November 12,1986 The Opinion <!»»,( £f iMmsvolri noinlqO en 1 7 �opinion .sir STAVE UNWERSTTY OF NEW TORK AT BUFFALOSCHOOL CF LAW Volume 27, No. 6 Editor-in-Chief: Managing Editor: NewsEditors: Features Editor: Business Manager: Photo Editor: Layout Editor: Contributing Editor: November 12, 1986 Paul W. Kullman Krista Hughes Idelle Abrams, Dana Young Kevin O'Shaughnessy MelindaK. Schneider Paul Hammond Susan Clerc Amy Sullivan Staff: Brett Gilbert, Shelley Rene Rice Contributors: David Gugerty, Vincent Doyle, Kathy Peterangelo Johnson, Lisa Strain, Sheila Hughes Rodriguez, John Bonazzi p Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: The Bond Act that Just Enough People Knew About — that's what A cleaner environment and the creation of more jobs New York State residents can look forward to as a result of the recently passed $1.45 billion Environmental Quality Bond Act. In addition to cleaning up the environment, state officials predict that the Act will produce long term economic benefits because cleaner areas will induce economic growth. The Act provides for $1.45 billion to be raised through the sale of general obligation bonds. Most of this revenue, $1.2 billion, will be dedicated to cleaning up inactive hazardous waste sites. Both Erie and Niagara Counties have some of the worst toxic waste sites in the state. Currently, there are 117 dumps in Erie County and 99 in Niagara County. Now for the disturbing news. While voters approved the Act by a 3-to-1 margin in Erie County and a 2-to-1 margin in Niagara County, only 33 percent of those registered to vote actually did so. One may argue that turnout was actually high in light of a telephone survey conducted by the New York Public Interest Research Group. NYPIRG's survey results indicated that while 80 percent of those questioned favored the Act, only 15 percent had prior knowledge of it. This is incredulous, to say the least. But the voting citizenry can only be made to shoulder part of the blame. For, while people have an obligation to glean information, the media have an obligation to provide it. While area crises like Love Canal should cause people to monitor environmental issues especially closely, local media provided relatively scant coverage. Thus, blame must be shared in this case. Fortunately, the Act passed. And, while preventive measures like tighter environmental controls on companies should continue to be givenprimary emphasis, the value of curative measures like this Act cannot afford to be overlooked. The war against toxic wastes must be fought on both fronts. But it is only through the combined efforts of the media, and an informed and active citizenry, that the war can be won. Stop Loan Money to Chile The current situation in Chile is eerily similar to the world depicted by George Orwell in his novel 7984. There is forced attendance at pro-Pinochet rallies while omnipresent loudspeakers futilely bleat the dictator's name. Certain workers are chosen to carry signs bearing messages which none of them profess, but would never dare to criticize. Thirteen years ago, when Pinochet took power, the universities of Chile were "cleansed" of all individuals who looked as though they might pose a threat to the dictatorially-imposed way of thinking the government's first steps toward eliminating "thought crime." Now "thoughtcriminals" are locked away with little hope of ever being released. Their worst fears are brought to life in the form of brutal and inhuman torture sessions. Even Winston Smith's most terrifying fear, of being attacked by rats, is being hideously restaged in the "Room 101's" of Chile's prison system. Government surveillance is expected and accepted. It reaches even as far as the confines of churches, where volunteers are sent messages almost daily confirming that they are being watched. Yet there are atrocities in Chile which even Orwell might not have anticipated. Often when a woman has a baby at a Chilean hospital, the baby is held as collateral until the woman can pay her hospital bills. Towns are stormed regularly by government troops. Sometimes all of the men are rounded up and taken to a field where they are questioned for eight hours. If fires have been set as barricades against the military, townspeople, usually children, are forced to put out the fires with their hands and other parts of their bodies. The troops have begun carrying portable electro-shock devices to use for crowd-control. All of these blatant violations of human rights could potentially be stopped. Essentially, all that is needed is for the United States to stop backing loans to the Chilean government. Although the money is intended to go towards helping feed and care for the Chilean people, it is really being funneled straight to the military, which keeps Pinochet in power by keeping the people in a constant state of fear. There are signs that Pinochet's power could be waning. Some reports say that one or more arms of his military are beginning to lean politically to the left, and it is evident that young men, after ending their mandatory terms of military service, are forming left-wing anti-government groups. At least 11 underground political parties currently exist. But despite these relatively positive signs, Pinochet stills maintains a tight hold on the population of Chile. The only thing that can loosen it is for the United States to help stop the flow of loan money to South America's Big Brother. — 8 The Opinion November 12, 1986 The Opinion Mailbox Opinion Parodies Lauded Letter to theEditor ofThe Opinion: The last edition of The Opinion was a pleasant and welcome surprise. I'm happy to see that the staff of The Opinion saw it fit to satirize the Law School.even though it was not April Fool's Day. It was refreshing to read about the movies: "The Buffalo Law Dean Massacre," "Tax Guys," "Canuck Dundee," "Out of Animals," and especially, the Fred Konefsky "Get With The '80's Hair Style Contest After participating in the "Law Revue" show for the last two years, joining many others in promoting Law School satire, I think poking fun at ourselves is healthy to theschool's sense of community. If one were to sit and think about it, there is plenty of humor in Law School traditions such as: Moot Court oral arguments, the "Law Review, " Ethics lectures, the SBA, dozens of rambling class discussions, memorable student comments in class, recent course offerings. Section 3, "studying" in the library, fall re- cruitment interviews, and of course, the performances of many of our professors. Sure, Law School is generally a serious undertaking, but how many people at other law schools can claim they are having fun while learning how to be lawyers? By the way, what "look" did Fred win in the Konefsky Hair Style Contest? David Brown Fall Exam Schedule Blasted Editor: I would like to supplement Dana Young's open letter to the administration by asking Marjorie Girth: who's best interests were considered when exams were being scheduled? Ms. Young wrote about the importance of being home early for Christmas. My concern involves getting home safely. It seems awfully short sighted to subject those of us who live as far away as Long Island to drive 10 hours (the last two inescapably involve bumper to bumper traffic) on the 24th, especially after having given up regular sleep during finals. Add to this Western New York's snow (remember last December?) and lousy driving conditions and we'll be lucky if we arrive home on Christmas Day. The prospect of putting up my Mom's tree Christmas morning doesn't upset me half as much as wondering if I'll be stranded by a Buffalo snowstorm. If you cele- brate Christmas, Ms. Girth, please hang this in your stocking Christmas Eve. Paul Prentiss, Second Year Student Make Presentation or Fold SBA Conference Funding Policy 1. Students must request SBA funding for a conference or seminar before attending such a function. 2. Students should try to obtain funding from other sources in the following order: a) a club or organization whose activities are related to the subject matter of the conference; b) the SBA; c) the Administration. 3. SBA funds granted to students to offset costs of a conference or seminar will be disbursed after a student has returned and done something to share the knowledge gained at the event with the rest of the Law School community. Examples of such communication may include but are not limited to: a) an article in The Opinion; b) a library display; c) an informal presentation. "The Boy Mechanic" Scolded Editor: the again, Boy Mechanic has managed to do what he seems to do best: ruffle feathers. am not going to Once I criticize any one of his i columns in particular. I am more concerned with Mr. O'Shaughnessy's philhis way of life. osophy Mr. O'Shaughnessy identifies with the "lumber jack" type of persona flannel — — shirts, pool halls, and chewing tobacco with no regard to Miss Manners' Guidance to Excruciatingly Correct Behavior. That is his choice. It does not make him any less of a human being. Why, then, does Mr. — Commentary O'Shaughnessy feel a burning desire to criticize those who do not belong to that "elite" circle of lumber jacks? I use a hairdryer at least once a day. I also wear some makeup. A few months ago some friends and I went camping. We brought hairdryers and makeup. Dittoforthe beach. We are not shallow. According to Mr. O'Shaugnessy, people who are concerned with their looks are shallow. This overboard generalization wipes out a major section of the population. Appearance does not determine depth of personality. Such a standard is unreasonable. by Shelly Rice World Peace Within by Shelley Rene Rice One of UB Law School's distinctive and fine qualities is its diversified student body. Students come from many types of backgrounds and bring many ideas, perceptions, and experiences with them. We come from different areas of the East and West Coasts; rural, urban, and suburban; and from different countries, continents, and colonies. Our cultures, ethnic, socio-economic, religious, and political affliations have had an impact on our personalities. Our Law School is virtually a microcosmic model of the world community. World peace is within our reach. Our Law School experience can help us formulate a better approach to individuals who at first glance seem so foreign and incomprehensible. Even though a fellow student may look a little different, talk a little different, and have been raised in a different manner, if you get to know tional activities, and ideas. Why is it we have not, seem unable to approach, or do not care to approach people who possess characteristics we are not familiar with? Where did our prejudices, biases, likes, and dislikes come from? Fear? One isolated experience? Newspapers? TV? Movies? Hearsay? Colleagues, hearsay evidence is rarely admissible. Have you ever gone to a movie and thought it was great or not so great and some "well known" critic thought differently? The review or critic of a book or movie will be good or bad depending on who reviews it. Read and check out people yourself. Make your own evaluations. Do you feel one is justified to prejudge you before they know anything about you? If you don't, maybe the other person doesn't want to be prejudged either. As attorneys, in memoranda and other legal writing, we are them, you might realize you supposed to be objective, able have common hobbies, recreacontinued on pugc 15 I understand that the Boy Mechanic sets out to antagonize various groups of people by taking potshots at in his column, where sarcasm runs rampant. A bit of tongue-in-cheek safire is okay, but a constant battery of insults becomes annoying and offenO'Shaughnessy sive. Mr. should become more openminded and less concerned with his own hostility towards the genteel. Why criticize a bar because its customers wear Polo shirts and nice watches? I just don't understand. I'm going to go polish my nails. Sharon J. Fine them Prof. Suggests Novel Protest Gentlemen: I was appalled to learn (from your October 29 issue) about the administration's decision to establish faculty-only washrooms. Though I am myself a faculty member, a cursory look at my grades over the years will show that, in matters of this kind, I always favor the student side, on principle. It will come as no news to you that I think this new policy Js not only immoral and illegal, but unconstipational as well. I am, however, disappointed at the countermeasures which, according to your story, various student groups are contemplating. They strike me as the typically gutless and ineffectual moves of knee-jerk liberalism. I think that, under the circumstances, only one collective response, can be meaningful and effectual: a shit-in in the President's office. Sincerely, Max A. Wickert Associate Professor of English �.... The Boy Mechanic by Kevin O'Shaughnessy B"MyalUenGdivrsty "I went back to Ohio, where my pretty countryside had been paved down the These "hotels" featured Swiss Chalet style roofs jammed on top of prefab condos. The only thing new about these neomodern chalets is the invest- middle, by a governmentthat had no pride. ment capital. Thefarms of Ohio, had been replaced by shopping The place next door, Charlie Bubbles, is sure to attract the patronage of the modern malls; andmuzakfilledtheairfrom Seneca to Cuyahoga Falls. Hey, ho, way to go Ohio." "My City Was Gone" song by Chrisse Hynde — chalet-dwellers. Charlie Bubbles is a restaurant/bar or is it a bar/restaurant? This is the age of the "something" slash "some- ... Chi-Chi's mescaline mosiac men's room It was my first opportunity to use the new Millersport/Maple ramp so I decided to take a short trip down Maple Road. I grew up several miles from the Amherst Campus and hadn't driven down Maple Rqad since I moved into the city of Buffalo. For the next 20 minutes my eyes were bombarded with a landscape laden with trendy franchise overkill, rampant consumerism, and sterile suburban sprawl. After descending from the new ramp, I stopped at the construction site of The New Residence Inn. A sign claimed, "We're building a new type of hotel." They have not traveled very far down Maple Road. Clarification: In an article appearing in the October 29 issue of The Opinion entitled "Incoming First Year Class: Scores, Lower Fewer Women, More Minority Students," there was some ambiguity regarding the Legal Methods Program. Students enrolled in this program are full-time students. thing." A business has to touch all bases in the eighties. Give Charlie Bubbles a couple of weeks and they will have installed a car wash, a banking center and a movie theater. The bar area was decorated in the style of a nineteenth century NewOr- leans bordello. Several "paintings" of naked, overweight, women (probably madams) posed on Roman-style sofas (no grapes) hang behind the bar. These women were too large for Peter Paul Rubens to paint. I am almost certain the starving artist that was hungry enough to "paint" these "works" created the "Tiger on Velvet" series. The artist is not, however, in the same league as 1. Tommy Van Scoy's Dia- mond Mine | 2. Video game parlors I | •I warehouse/whorehouse. After passing under the new ramp, I came upon our beloved Amherst Campus and, just across the road, the hotel/motel jungle: The panache-laden Marriott; The Red Roof Inn (with its own Swiss chalet style roof); The Hampton Inn (it's under construction, but don't worry, I am sure it will look like all the rest); and the Super 8 Hotel (Does this mean it has eight super rooms? Or eight super hotels? Is this one of the eight? What is super?). I was unable to determine why there are so many of these architectural triumphs directly across from the campus. Although I could evision President Sample declaring, "A great University needs great hotels!" Would you settle for "super" Steve? After passing the hotel/motel jungle, I crossed over the Thruway to the Continental Journey's End Motel (sounds like the title to a teenage slasher movie that will be opening at a cinema further down Maple Road, or the title to a Doors album or a Jack Kerouac ). Next, I came upon novel Fuddruckers, a hamburger chain that advertises its wares by hanging slaughtered animal carcasses in its windows. Fuddruckers is over shadowed .. ... by Dahlkemper's. Dahlkemper's is painted the same shade of gutless purple that is prevalent | 10 More Things to Build on Maple Road ■ t the genius that painted "Dogs Playing Cards" or "Dogs Shooting Pool". The restaurant was large, reminiscent of a K-mart. While I was drinking at the bar, I waited to hear, "Attention shoppers, there is a blue light special in aisle nine!" Charlie Bubbles' size and interior design combine to create a style I call 3. A drive through carpet store 4. A Shoes-R-Us 5. More Pre-Fab cell-block J6. I hotels/motels Another restaurant that salutes a conquered I culture 7. Another ramp to nowhere 8. Bob's Big Boy/Tall Men's | • Shop 9. Another yuppie restaurant 1 with sports equipment a and dead animals on the walls. I 10. Eight more GCC theatres to • showthesamefivemovies. I on designer sweat pants. This color wants to be purple and pink at the same time. The "have a nice day" architecture is topped off with a light blue columns. The store itself is a glitzy Brand Names. I couldn't stay in the store long, its antiseptic smell and mirrored pillars gave me a headache. I hurried to the exit, nearly knocking overtheartificialChristmastree display. Surrounded by the glitz of Dahlkemper's, the university theatres, and the construction site for "prestige" office space, is Sweet Home Junior High School. In view of its location, the school board should change the name of its sports teams to the "fighting shoppers," featuring "coupon" as the school mascot. The University Theater is the local dispenser of eighties Hollywood film making. The proprietor's idea of an artistic Dahlkemper's .. . .. After the theatre. Maple Road goes back to franchise restau- rants and restaurant/bars (Red Lobster, Wendy's, Bennigans, Chi Chi's). Chi Chi's is my favor- ite because of its men's room. It is done in a purple, orange, blue and white ceramic tile. I call it mosaic its breathtak- ... ing. . I finished my daylight hegira —■ gee Rah!) (pronounced Hi by passing — boulevard home of teenage movies coming soon. Continental Journey's End in 3D. I parked in one of the spacious parking lots adjacent to Boulevard Mall. The Boulevard Mall was one of the first "Land Development" projects on Maple Road. Why is this haven for teenagers and senior citizens (two segments of our society that spend a great deal of time being bored and frustrated) considered "land development?" Malls develop cinema slasher — a glitzy Brand Names film selection would be a Rob Lowe Cinema Retrospective. We will probably have to wait for Dan Akroyd to reprise his Leonard Pinth Garnellcharacter and present "Bad Brat Pack Cinema" tonight "Oxford Blues" and "St. Elmo's Fire" Simply dreadful. .. ... boredom and frustration I read somewhere that the University plans to build an on- campus mall. At last the Maple Road march of greed reaches the campus. We don't want stu- dents; we want consumers! Hey, ho, way to go, Buffalo. VVV V V Win a Date with The Boy Mechanic W-5-m v v v v v Drop a note at the Opinion office describing your dream fl date and you could be the lucky boy or girl to go out with the Boy Mechanic (some restrictions apply). The Cutting Edge .4^l <J»<^B y^fflß by Dana Young If You Want this Job. Fill this Jar The issue of drug testing in the workplace has captured public attention in recent months. This issue has also received notoriety right here at UB Law School. The topic of the Desmond MootCourt Competitionthis year is the constitutionality of drug testing government employees. How have the New York courts dealt with this controversy? While no precedent has been set, New York seems to be narrowly construing the right of employers to drug test employees. One of the first decisions handed down was Matter of McMickens, King v. 501 N.Y.S.2d 679 (A.D. 1 Dept. 1986) in which the urine testing of correctional officers were observed by a confidential informat frequenting a certain drug trafficking location, and using drugs at this location. They were ordered by their employ- ersto undergo a urinalysis drug test. Refusing to do so, both of- ficers were fired. The King court held that compelling these officers to submit a urine sample for testing was not unconstitutional.While persons have a right to be freefrom unreasonable search and seizure under the Fourth Amendment, this search was not unreasonable. As correctional officers, it was deemed that plaintiffs occupied a "sensitive position" and were "subject to para-military discipline." Under these conditions, and in choosing to become correctional officers, the court said that their "reasonable expectation of privacy as a citizen must yield to compelling government interests." Further, the court in this case decided that "probable cause," the standard conducting a search under the Fourth Amendment, was not necessary for conducting this search since the search was not aimed at discovering evidence for use in a criminal trial. Only a standardof "reasonable suspicion" was necessary in requiring a urinalysis drug test. There was reasonable suspicion in this case based on the informant's observations that plaintiffs were using drugs. The New York Supreme Court has upheld the "reasonable suspicion"' standard, but declared unconstitutional, another drug testing program in the case of Patchogue-Medford Congress v. Board of Education, 505 N.Y.S.2d 888 (A.D. 2 Dept. 1986). On August 11, Justice Rubin declared unconstitutional a drug testing program directed at probationary teachers seeking tenure in the Patchogue-Medford School District in New York State. The court held that in balancing the teachers' expectation of privacy against the interest in drug testing teachers, the program was invalid. More specifically, it was conceded that a board of education has a legitimate interest in overseeing its employees and in making sure that a teacher is capable of safeguarding and supervising his or her students. However, this interest was not compelling enough to justify drug testing teachers absent some reasonable suspicion of drug use. It was also pointed out that the nature of the teaching profession was not one in which the use of controlled sub- stances would "ordinarily pose situations fraught with imminent and grave consequences to public safety." Even in those situations where drug use would threaten public safety the court noted that urine test- ing was impermissible in the "absence of an articulable basis for suspecting that the public employee is using illegal drugs." Thus, the standard upon which the search could be based in Patchogue was that of "reasonable suspicion". Since there was no reasonable, factual basis that any of the Patchogue teachers used or had used drugs, the drug testing progam was deemed unconstitutional. The only other case in which the Supreme Court of New York has addressed this issue is that of Caruso v. Ward (N.Y.L.J. Aug. 20 at 11). This case has not been However, published. Judge Parness, in his decision, invalidated a New York City Police Department plan to test some of its officers. While few sweeping generali- continued on page IS November 12, 1986 The Opinion 9 �by Brett Gilbert SBA Briefs Buffalo Model Runner-Up in Parking Contest The following memorandum was sent by SBA President Brett Gilbert to Law School faculty members on November 4. TO: All Faculty Members RE: SUNY/Buffalo's Parking Problem As you know, our University has recently undergone a period of expansion here on the Amherst Campus. This expansion has hit close to the Law School with the addition of Park and Jacobs Halls right next door. Of course, with expansion comes all of the problems created with the necessity of additional support services. The current parking dilemma is one such problem that has become acute over the last year. As you also know, Vice President Edward Doty has recently taken it upon himself to attempt to alleviate our parking problem. Mr. Doty unilaterally decided to set aside a number of parking lots on the Amherst Campus for faculty/staff use only. This decision was in direct opposition to a recent Faculty Senate report which recommended against restricted parking. Even more recently, the Faculty Senate recommended that a UniversityWide Task Force be assembled to study our parking dilemma and that restricted parking should end, at least until the recommendations of the Task Force are published. To date, neither Mr. Doty nor President Sample seem responsive to these recommendations. Our Law School is premised on an amorphous concept known as the "Buffalo Model." If the Buffalo Model means anything, I think, it means that faculty and students are working together towards a common goal as partners. We recognize our task to be of a collective sort, not one which requires a rigid hierarchy of power. In my opinion, this is the most significant aspect of the Buffalo Model and it is that which has made every day of my stay here a pleasant one. We simply cannot let the mutual respect we have for each other slip between our fingers. I ask you now to reaffirm your commitment to the Buffalo Model and to the principles which make our Law School so unique. I ask you to support the concepts of due process and collective decision making, and to recognize that if we are to find a solution to our parking problem, we must do it together, withouta solution being imposed upon us. We must show the administration in Capen Hall that students and faculty are willing to work together. I have taken the liberty of drafting the attached letter to Vice President Doty. It concerns his solution to our parking problem. I believe it expresses well the principles and ideas I have been speaking of and I hope the letter expresses your viewpoint as well. I ask you to read and think about the letter and to sign and return it to me via the SBA mailbox in the third floor mailroom. I will then forward all of the letters to Vice President Doty and President Sample. By taking this step, I hope to show the University Administration that, at least within the Law School, faculty and students are united concerning this problem. It is time to publicly assert the principles which many of us believe in; it is timeto publicly assert that which we have passionately argued for in the classroom for so long. Please join law students in their fight to have the voices of both faculty and students alike heard within the walls of Capen Hall. Thank you. people. If enough students are willing SBA Vice President Just a brief reminder to the officers, directors, etc. of all SBA funded Law School organizations that By-law 13 of the SBA Constitution requires all funded groups to make a presentation to the SBA Board of Directors on the status and activities of their group once a semester. Failure to comply with this requirement could jeopardize future funding for The Victor Siclari Memorial Yearbook it happen. Whether you have experience or not, we need your contribution. I have no yearbook experience but I do have organizing experince. That's what I am willing to contribute. How about you? Leave your name and mailbox numberwith Marie in room 312 or with me (box #710) as to put in a small but consistent amount of time, we can make soon as possible. If we get organized quickly, we will not be time-constrained too much or be lumped with alot of work in the spring. Luzjer Jack President SBA Vice Manhattan D.A. Comes A-Courtin' by Amy Sullivan John Elmore, assistant dis- trict attorney of New York County visited UB Law School in an effort to recruit students for summer internships, as well as permanent positions with the Manhattan office. The New York County District Attorney's Office is charged with the responsibility for investigating and prosecuting crime in the county of New York. The office has three main areas of responsibility which include: trial litigation, appellate litigation, and investigations. The office investigates and prosecutes over 100,000 criminal cases per year. Robert Morgenthau, the district attorney, has over 400 assistants, along with a support staffof 500 consisting of paralegals, investigators, detectives, and clerical workers. The trial division has the responsibility for the prosecution of street crime. There is also a variety of investigative and specialized trial bureaus. The 10 nity problems. This philosophy also reaches into the classroom, often resulting in a study of alternative means of conflict resolution. Law students and faculty understand that many problems are more satisfactor- by JackLuzier The Yearbook Needs You! How many times have you heard someone say: "Wasn't the yearbook great!"; "Boy, I'm glad Victor put the yearbook together"; or "We should have a yearbook every year." Well, de- last year in Victor Siclari. Most would concede that without his effort we wouldn't have had a yearbook. This year a few of us have committed ourselves to the effort but we need more Dear Vice President Doty, As a concerned member of the Faculty ofLaw and Jurisprudence, I am writing in reference to our University's acute parking problem. I express my thoughts on this issue because I find it of deep concern to both law students and faculty alike. To briefly anticipate my conclusion, I respectfully ask that you reconsider your decision to maintain restricted faculty/staff parking lots and that you give time to the University-wide Task Force so that it may arrive at its own recommendations. We in the Law School take great pride in our tradition of cooperation and mutual respect between faculty and students. Our tradition, colloquially known as the "Buffalo Model," encourages all of us to work together to solve commu- ily resolved if all can have a voice in a proposed solution. I believe that if this principle is extended to the University at large, many of the solutions to our problem can be less painful to all of those affected. With the tradition of the Buffalo Model in mind, I ask you to reconsider your decision to maintain restrictive faculty/staff parking lots until the University-Wide Parking Task Force has the opportunity to recommend its own solutions to our parking problem. If we as a University are to achieve long-term solutions to this problem, all of us, faculty, staff, and students must be included in the decision making process. Without this solidarity, any solution is sure to be only an obstacle to improved relations between constitutency groups. Thank you for your timeand attention, and I look forward to seeing a satisfactory resolution of this University-wide problem. Sincerely, Professor of Law Conference Funding Policy: "Share the Knowledge" First Desperately Seeking You For Yearbook spite substantial positive response to last year's yearbook, there is a good chance it will not be repeated. It's the same old story; plenty of folks talk but few are willing to act. We had one major actor Faculty Letter to V.P. Doty Penned by SBA President •ii at" 2yj "■"' Interns' «■ duties include re- searching and writing appellate and trial briefs, preparing witnesses for grand jury representations, hearings, and trials, and second-seating assistant D.A.'s on trials. The intern receives a $100 per week stipened, yet this may be sup- plemented with workstudy funding and fellowships. First and second year stu- John Elmore chats with law students cases involved with these bureaus are more long-range and complex in character. These four bureaus include the Special Prosecutions Bureau, the Narcotics Bureau, the Rackets Bureau, and theFrauds Bureau. The Opinion November 12, 1986 The Appeals Bureau has quite a good reputation for the quality of its oral and written advocacy. The office conducts a ten week internship program for first and second year law students, beginning in early June. the group and at the least could make things very difficult for that group at budget time. The dates for the rest of the Board meetings this semester are posted on the SBA bulletin board and on the office door. Those desiring to make their presentation should inform an SBA officer at least one day before the next scheduled meeting. The last meeting this semester will be Wednesday, December 3. dents interested in the program should send a cover letter and resume to Ms. Una Murray. The address is District Attorney of the County of New York, One Hogan Place New York, New York 10013. Permanent positions for assistant D.A.'s are committed to a three year appointment in serving the office. These individuals are selected solely on. the basis of merit. The average starting salary in 1986 was $24,000 for law school graduates not yet admitted to the bar. The salary for newlyattorneys admitted was *"5 Seventh Avenue. Salle 62 New York. New York 10001 (212) 594-3696 (201)623 336} $25,000. Elmore pointed out, "If you want to be a good trial attorney, this is the place to be." After the initial three year appointment, many attorneys go oh to practice in large private firms. There are four stages in the interview process. The first is the initial interview, followed by a panel interview with five members of the staff. The third interview is given by an executive assistant D.A. Finally, if the interviewees have been successful, the last interview is with Robert Morgenthau himself. Elmore highly recommends being prepared for these interviews. Two of his suggestions included reading office literature and discussing current issuesand cases of New York law with a constitutional or criminal law professor. Elmore concluded by stating, "The New York County District Attorney's Office is a fine place to work with friendly, interesting people." �Persistence Pays Off for Mets Fans at SheaStad. by David Gugerty While sitting in an interview on Long Island's North Shore recently, I decided to try to get into a World Series game with the greatest ticket beggar on the East Coast. This avid Met/ Oriolefan got his training riding running boards outside Baltimore's Memorial Stadium. He would find parking spaces for fans and occasionally beg an extra seat off them. Over the years, my father has passed the art onto my four brothersand myself. It has been an enjoyable apprenticeship. We snuck into Willie Mays night at Shea in the third inning. We successfully scavenged Bronx parking lots when Yankee Stadium .was hopelessly sold out. We got three of the last bleacher seats when Reggie was aiming for his youth homer. The list goes on but the 1986edition has to stand out as our ultimate coup. In the face of horror stories regarding $300 a seat scalper prices. Earl (my father looks just like Weaver) and I headed for Shea a mere two hours before game time. We arrived in the middle of the chaotic, electric atmosphere which gripped the ballpark. The Goodyear blimp was overhead, choppers in and out of Shea's lights while the commentaries buzzed of Yin, Joe and Sparky filled the parking lots. This was THE SERIES, you could feel it. We started begging. And I mean begging because Earl was offering 30 bucks a ticket, $50 tops. Most people either convulsed with laughter or told us to seek professional help. Undeterred, we gave each other pep talks as we maintained our constant chatter of "Need one ticket here, who's Selling one?" The low point in our excursion came when the crowd noise indicated the first put out by the Mets. We ticket beggars are an optimistic lot. However, we felt truly defeated this time as the scalper's prices had dropped a measly $50 in the first inning. We headed for our car and the Long Island Expressway. On the way I noticed a large crowd cheering on the subway platform outside the stadium. It hit me. These people weren't begging scalpers as we had been; they had their tickets and were enjoying Ron Darling's pitches. So I said to Earl, "Let's get ours." His Irish eyes lit up as he recalled an article he had - read describing these little known "one dollar seats." We popped our token in the turnstile and stationed ourselves on the platform's steps. Being six feet tall, we had no difficulty seeing over the mostly young boys who were already there. One sensed immediately that these were true Met fans. There was a chemistry amongst those peculiar to bleacher fans. They may have been multi-racial but one thing was evident, they were not from different social classes. These guys hadn't been begging seats because they clearly didn't have the $30 or $50 which we had to offer the scalpers. Perhaps this fact explains the elation these people felt at being able to peer into Shea and get an unobstructed view of their idols. There "Let's Go Mets" chants seemed to be their way of thanking whoever it was that had brought this miracle upon them. It was truly a baseball fan's dream to watch the close pitcher's duel which was game one from these "seats." Louie, standing to my right, though it was a shame the game was lost on an error. But game aside, it was the harmony which existed Cheap Beer Review PRICE* STREET SLANG~ Old Milwaukee $2.59 "O.M.'s", "Oil Spills" Busch $2.99 "Buuushhhh"-saidlike HoytAxton $2.39 "Mister Booze", Herr Beer", "Moist Brow", Strohs $3.39 their suburban intruders which struck me. That night we were not high school kids, not businessmen, not law students; we were baseball fans, Met fans. In the bottom of the sixth our bizarre group made a statement which surely wasn't recorded in the Times, the Da/7y News or the Post, but which bears repeating here. In that inning people started leaving Shea Stadium. That's right, the score was 0-0 and here were women in fur coats with preppy kids and husbands in tow heading for their cars. Unbelievable you say? That's what we thought. A young black kid was the first one to deliver our collective wrath at these heretics. He jumped up as high as he could on the fence which caged us in on the platform and sneered at the growing flow of losers. "We could have used those tickets you bastards. You're nothing but a bunch of fake fans," he screamed. That did it. Within seconds the newest ofbaseball chants thundered down from $2.29 Up and comers and old reliables Milwaukee's Best $2.09 Genesee Ale $2.99 Beer Light Goebels $2.19 FAKE FANS, FANS!" what they really thought. They felt proud and deservedly so. Even when the Sox pulled it out, these guys remained confident that the Mets would still have their meeting with destiny and win the Series. Those guys turned out to be right. So, my advice to the fake fans out there is to stay home next October and let the Police Athletic League distribute your once a year passes to one of the platform fans. frh^> F(Wl\A^ SLOGANS UllfKm [I "It doesn't get any better MJ U than this." "Head forthe Mountains." ' "Great beertaste, without great beer prices." tmmmWmWWMmmm. SSJSvI "Looks like a Stroh Light "Blows" KS^SkwWflifl^ Jja^jjS^Sy unprintable but easily deduced "My Brother, My Beer", "My Brothers" "Green Death", "Screamers" "Jenny", 16oz. "Mortor Shells", (Potato Mashers) "Jenny Blues"* "Joe Bells, the beer of the Swiss Alps' . NONE "Thegreatoutdoorsina glass." jLU 1Irlr iW/fJIVy Has anyone ever seen a Goebels commercial? I Beers your father drinks after cutting the grass (while wearing plaid bermuda "Slams" W~* b^b^b^b^b^b^b^b^b^bl /'T^v. jT^N IvfiUitrA) is a reason it is called "Green Death" by Buffalonians. The 16 oz. bottles are still one of the best beer buys in the area. The commercials are a little lame (what does Genesee beer have to do with owls, rams and seals?), but it's good to see Curt Gowdy working again. Drink Goebels only in your foulest moods. $2.55 The subway seats were transformed for the last three innings following this uprising. Those kids, who look upon Darryl, Keith, Gary and company with an almost religious reverance, and who had come to the shrine which is Shea all season long, had just faced the rich head on and let them know FAKE COMMENTS: Price and taste make Milwaukee's Best a serious contender for Old Milwaukee's Crown. Genesee is a local and sentimental favorite. do not recommend the cream ale. There Shorts). Hamm's be. Isn't that how it works? the rocking platform: "FAKE FANS, "To taste it is to love it." "A mans beer." COMMENTS: Old Milwaukee is far and away the official beer of off-campus housing. Its low price and unpretentious taste make it the #1 cheap beer in this area. Even their television ads are understated. Old Milwaukee's not great, you're not going to "have it all," but it doesn't get any better." Busch isn't bad, but its taste doesn't legitimize its higher price. As for Meister Brau, I'd rather buy Budweiser. Unless Strohs and Schmidts are on sale, only the strongest of stomachs should tackle these two. Schmidts The genteel departers, most likely bemoaning the fact that their corporate, box seats had been useless due to the boring 0-0 tie, were alarmed to see the platform rats banging the fence in anger and disgust. Ah, but they could rest assured the hundreds of nearby transit cops would come to their aid if need by Kevin O'Shaughnessy BRAND Meisterßrau between the predominately minority, inner city youth and "From the land of sky blue waters." "Real draft." NONE NONE $2.09 Piels "Pielsßeal Bad" "Oh, God" $1.99 Old German "Drink, Spit and Chew" $2.39 Red, White and Blue Beer COMMENTS: These beers should only be purchased during a national emergency. >S^>/ WmWmmmWMmmmm mm . Ej HtKw^l EvfavßwmWj^iwl kSMCISr b^bWb^b^b^b^bl ■ v / r>^A*> ' I(y/^V\S \wjmr xlHlrlr N^s^f November 12, 1986 The Opinion 11 �Canadian Law prohibitions and they have enormous influence. What is prescribed becomes absorbed into attitude very quickly and has great success because of our inherent trust that the state knows what it's doing. The degree of law enforcement needed is quite minimal." To illustrate the degree of trust Canadians place in the government and how thor- oughly prohibitions can be accepted, Callwood relayed the fact that 85 percent of the population supported the use of the War Measures Act in 1970. Following two kidnappings in Quebec, the government used the Act, which suspends habeous corpus, and arrested several hundred people in the middle of the night. Callwood felt such a thing would cause "rioting in the streets" if tried in the U.S. In Toronto, only 30 people turned out to protest. Jamie Cameron also expressed the theory that Canadians are less suspicious of authority than Americans, a difference she describes to the different circumstances accompanying the births of the two countries. Unlike Canada, the United States was born from a revolution into an intellectual climate of distrust of colonial government. "This basic theme has given rise to certain principles embodied in the American constitution, "observed Cameron, pointing to the limits on government, retention of personal sovereignty, and the doctrineof separation of powers. Distrust also marks the American attitude toward the judiciary. Although "nobody in the States really supports the abandonment ofreview for pur- continued frompage' I poses of protecting individual rights" the fact that "they'd argue about how much review was appropriate and what the appropriate issues would be" indicates a feeling that "just as you can't trust the legislature, you can't trust the judiciary." On the other hand, Americans do accept the courts' right of review even while questioning its limits. Americans would "never suggest that the judiciary doesn't have a role to play in protecting individual rights." This is not the case in Canada where judicial review grew out of "colonial review and was restricted to issues of federalism and any protection ofindividual rights was incidental." Given the history of review, courts have hesitated to enter into civil liberty matters even when granted the authority. In 1960, a statutory bill of rights went into effect as a result of the impact of American culture and the tendency of Canadians "to look with dreamy eyes" at the post World War II activities of the Supreme Court here. Canadian courts, however, were "scared to death" to make decisions about individual rights. Discontent with court inactivity led to the Charter in 1982. The courts' reaction to the bill of rights has raised questions about how effectively the Charter will be enforced. "Once again," said Cameron, "our courts are scared to death but this time they're scared of being criticized as they were under the bill of rights" decisions. The Supreme Court and lower courts have shown a "surprising" degree of activism and interventionism whenever Charter arguments have been made. They're like "a kid with a shiny new toy." Activism on the part of the courts raises another concern, the threat of courts taking over legislative functions. "We don't as yet have a very sophisticated understanding of the problems of an overinterventionist juiciary usurping power to itself" and in essence making "countermajoritarian" laws. Countermajoritarianism was apparently one of the reasons for a unique feature of the Charter, an override provision. "Section 33 essentially says that legislatures will be free to override the provisions of the Charter," but Cameron felt that exercise of the section would be "virtually suicidal" because of the protest it would engender. Section 33 is a remnant of Parliamentary supremacy, "the idea that Parliament can make or unmake any law it wishes." "There's nothing problematic about it," said Cameron, "because of this tremendous faith in the ability of the democratic process to produce laws and statutes that are wise and serve tioned in the British North America Act, the act that made the confederation, were minority religion and language rights: Those were .the only outstanding rights problems of the time, and continue to be important because of the English and French populations in Canada. Edgar Friedenberg addressed in part the difference between French and English acceptance of the Charter. Quebec has refused to sign it, "invoked the override over the wholeCharter and it's not in effect in Quebec right now." Although it would seem to Americans that a minority like Francophones in Canada would receive more protection under a centralist statute, Quebec, where most French-speaking Canadians live, has stronger protections than the Charter. "Quebec legislation protecting individual rights, labor legislation and so on, is way in advance of the rest of Canada," said Friedenberg. For instance, the province "forbids discrimination in employment and housing and things like that on grounds of sexual orientation." Friedenberg also explains the continued on page 13 &?' csJB 415 Seventh Avenae. Suite 62 New York. New York 10001 (212)594-3696 (201)623-3363 Pr V lmmtmmmmwmmmmwmw^mmmmmmmm^m^mmmmmmmmammmmmmmA the public welfare." Canadian history as a British colony had as much to do with the development of faith in authority as American history did with creating the opposite. Canada gained a certain autonomy before Confederation in 1867 and therefore, "wasn't really concerned about colonial oppression." It was believed that "individual rights would be sufficiently protected by the democratic process" afterConfederation as it was before. The only rights specifically men- NEED RESUMES IN A HURRY? i — Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive • Tn. Amherst, NY 14120 (offSweet HomeRd. between No. French £ Tonawanda CreekRd.) (716) 691-7480 Quality • Dependability • Fast Service Don't Be Locked Into a Bar Review Course Explore Tour Alternatives... Consider PIEPER i The Bar Course That Cares � Moderate Prices pi /^»R^\ \Md\ Jill [ |fPf | For information see your Pieper Reps or contact: PIEPER NEW YORK-MULTISTHTE BUR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 I. JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 12 The Opinion November 12,1986 PIEPER REPS MARIA LOTEMPIO AMY MURPHY DONNA SIWEK • Telephone: (516) 747-4311 1 AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Canadian Law doctrine that allowed Canadian courts to avoid.enforcing the 1960 bill of rights. The statute began with a statement that "in Canada there exists and have always existed certain rights." The court interpreted it to mean "that it cannot be the intent of the bill of rights to confer on Canadians rights and freedoms that they have not always enjoyed." The statute was rendered useless in attempts to eliminate Sunday closing laws and capital punishment; since Canadians had not always had the right to shop on Sundays or be free from the death penalty, they couldn'tclaim those rights under the bill of rights. Another point Friedenberg made was that the Charter has faults. There's no provision, for example, to "get at" corporate polluters. In this respect, American and Canadian law are in agreement. However, the Charter fails to provide a basic Constitutional protection because it doesn't have "any protection against double jeopardy. The [criminal] Code was amended so that an appellate court could no longer substitute a verdict of guilty for a jury acquittal, but it can send the defendant back for a new trial." Differentfacets of the Charter worry David Fraser. Fraser contends that the Charter is an Americanization and the individualism of America reflected in it is at odds withthe community identity held by Canadians. Canadian culture shouldn't be discussed as the state or individuals but as communities of national origin, like Scottish or French, or regions, like Quebec, or the Atlantic provinces. It's a sense of community thatmakes Canada work, not trust of gov- . ernment. Environmental Bond Act working to develop protocols on cleaning up sites with the Canadians. Fraser also accused the Charter of embodying a form of "schizophrenia." There are "competing visions of what the Charter is about..Those competing visions are the Canadian dynamic of community and the counterideology the American ideology of the individual." Both are reflected in the provisions of the Charter. — Rebutting Cameron's assertion that use of the override' would be "suicidal" Fraser brought out the fact that the provincial government of Saskatchewan recently used section 33 to force striking government employees to return to work. "There hasn't been a revolution in Saskatchewan," the populace didn't rise in revolt because they supported the way the government used the override, just as citizens of continued from page 12 Quebec support their government's use ofthe sectionfor different purposes. The worst effect of the Charter is that it imposes a foreign concept of rights into a culture with a different outlook, and forces groups to turn to courts to define their rights. It would be better, and more Canadian, for communities to develop "genuine connections" that protect their members rather than forcing an outside, mechanical package of rights onto them. "It's too bad," said Fraser, "that unions and women and native Canadians have to determine their own space of authentic community by going to a judge and asking him to 'please recognize us as authentic beings'. That's the legalizing effect of the transposition of American rights discourse into a foreign culture. continued fmm page I best technology," Norsworthy said, and stressed that "cost-effective" methods are what the chemical industry must pursue. In developing future technologies to assist the con- some chemicals cannot be disposed of "any other way." He cited mercury-laden sludge and lead as two examples. "We're "The community is important. We're not talking aboutthe state, we're not talking about the individual, we're talking about how people exist in authentic interrelationships in society and that is a very strong force in Canada," said Fraser. "We don't trust the state, we trust ourselves and our community." It's a sense of "genuine interconnectedness thatmakes prohibitions work." Noting that the Charter was meant to remedy the lack of unity in Canada, Fraser said "it is a political instrument meant to unify usas a country and has taken on the status of a national icon." This is fortunatebecause the existence of a "unifying principle flies in the face of community experience. Thus Quebec, an anti-centralist community, resists the Charter and views it as something forced on them by centralists and anglotinuing cleanup of sites, Norwworthy suggested that a non-biased research institute conduct an "objective, cost-benefit analysis" of feasible technologies, "perhaps insti- tutedby the government."And, Norsworthy stated, "We're very interested in working with the State" on this issue. "This is the kind of thing where it is important not to have extremists on eitherside." He asserted that "if you really want to minimize the impact we have on the environment, we should all walk home tonight." —Moot Court CompetitionQuarterfinals — Thursday, November 13, 7 p.m and 9 p.m. Semifinals — Friday, November 14, 7 p.m. and 9 p.m. Finals — Saturday, November 15, 2 p.m. Don't Miss It! BARfeRI FIRSTYEAR REVIEW HELPSYOU MAKE THE GRADE _>4 iSr C% g||k 4j£"T CONTRACTS CRIMINAL LAW TORTS REAL PROPERTY '■ CIV,L PROCEDURE HOW GOOD FIRST YEAR CAN BE November 12, 1986 The Opinion 13 �Chile continued from page which Pinochet has been in power, Chile has been in one of those states at all times. Pinochet maintains a rigid dictatorship in Chile, but it is clear that his support among the people is essentially nonexistent, and he is kept in power mainly by U.S.-backed loans to the Chilean government. Although the United States maintains a policy which bars supporting the giving of loans to countries where there are "gross and consistent" violations of human rights, two days after Pinochet lifted a seven month state of siege, on June 16, 1985, the U.S. voted in favor of a loan to Chile by the World Bank (see New York Times, June 19, 1985; sec. IV, p. 19). Mrs. Alt described a rally held by Pinochet two days after the attempt on his life. The rally was well-attended, but since a majority of Santiago residents work in municipal jobs, and for little pay, Pinochet can compel them to either attend such rallies or lose their jobs. Mrs. Alt described Pinochet standing on a platform in a white suit while loudspeakers were blaring "Pinochet! Pinochet!" in an apparent attempt to strike a note of solidarity among the people. The ploy failed, however, because no one joined in on the chanting. Several people at the rally were carrying pro-Pinochet signs, although half-heartedly. . Mrs. Alt remarked that the "lack of support and the apathy [were] very evident. we were amazed." In order to encourage more people to attend his rally, Mrs. Alt explained that General Pinochet would bring in bus loads of people from nearby towns. She described an almost pathetic system of large scale bribery whereby each townsperson would be given a single shoe as incentive for coming to Santiago for the rally. The other shoe would be handed out upon returning home. Also included was a free meal, very powerful encouragement in <i country where 70 percent of the people are "either unemployed or underemployed." After the rally Mrs. Alt remembered hearing horns honking and children humming to the same 1-2-3 rhythm. She was told that the rhythm means "Va a caller," Spanish for "He will fall." Considering the lack of support displayed for Pinochet at the rally, it was questioned by Mrs. Alt and others whether the attack on Pinochet's life two days before had actually been a "put-up job" by Pinochet himself. It was clear that he needed sympathy and he needed to give the people a reason not to demonstrate against him. July had been marked by a two-day strike by workers all over Chile, and September was the month of Chile's independence from Spain in 1810. It was reasoned that the attack was too wellplanned, so Pinochet could not have been behind it, but the general feeling now is that it is very possible that Pinochet himself was behind the attack on his life. Although his lack of support is evident, Pinochet maintains rigid and brutal control over the populace. It is not uncommon for the military to storm into a town and "shoot it up" simply to instill and maintain a sense of fear in the people. J&W3HBM —* ——- nil ni V nfPH I 14 — R PROFESSIONAL • TYPESETTING "* t 'OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING S*• M MANY • DIFFERENT M cated in the report by the factfinding group, "any disagreement with governmental _ TYPESTYLES & PAPERS •RESUME SAMPLES |jj. policy is seen as being subver- S sive and terroristic." The situation in Qhile depicts government at war with its people," but the people are AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! poor, unemployed, ill-fed and CALL US OR VISIT US FOR A unarmed. The government is QUOTATION TODAYI represented among the people by a strong and well-armed military which continues to get 3171 Main Street stronger because the govern(Mtin SofWlniptr) .1 ■ Buffalo, NY ment continues to receive great I 9QCQ 835 100 sums of money. The govern- — ment has "a military budget that surpasses the total health, education and housing budgets NR^ANrTr ]Kp)lJ/^y\|U 1 "° QTW\r3rprP 1676 Nla. Falls Blvd. MlvltPP) I (across Imm K-Mart) Tonawanda. NY 834-7046 BY 12/1/86* ■ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone DORIS CARBONELL TERRENCE FLYNN The Opinion November 12, 1986 _ For more information see your Pieper Representatives or contact: ——. JUDITH KUBINIEC BRIAN BORNSTEIN is, in fact, Pinochet's strongest oppostion because he can do nothing to limit its power over the people. One of the Church's biggest projects is helping political prisoners and their families. Under a state of siege, arrests are frequent and once jailed there is very little chance that a prisoner will be released. The Church is trying to help the families of these prisoners by teaching the women to make crafts which they can than sell. Many women engage in the production of "arpieres," tapestries often depicting scenes of women who have lost husbands, sons and fathers to the prisons. All of the arpieres have political or social messages; however, any with political messages are dangerous to possess. If a home is raided and Law student's discount of $125 will be deducted from the cost of $895 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by December 1. 1986. MM IV !■ I Jfc ■PI MWIPIP Bl tions, they continue to fight. The Catholic Church seems to be fighting with them. Seventyfive percent of the population is Roman Catholic, and the Church is extremely strong. It ** M UIIIU mm the severe economic condi- The most promising aspects of the factfinders' report is the extensive work being done by the Roman Catholic and Pentecostal Churches within Chile. The group encourages all American churches and church members to become aware of the situation and become involved. But the most important is one recommendation suggested by every group the Americans spoke to: end the flow of loans to the government of Chile. "The day the U.S. stops loans to Chile is the day Pinochet loses power," and the Chilean people will no longer have to fear the ever-present military oppression, Mrs. Alt said. * *— IMi Elll fcl Ifl L| I fl icans. Mrs. Alt found that the Chilean people are very proud. Although reduced to begging because of unemployment and (516) 747-4311 • The Bar Course That Cares. PIEPER REPS MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD I combined." Any money sent by the World Bank to help Chile's population is being put into the military to continue oppressing, the.people. The Pieper Course Includes: i? Complete lecture series & Essay writing Multistate Practice and Exam & Multistate Professional Responsibility Exam(MPRE) Multistate Volume New York Law Volume Pr °fessi°nal Responsibility Volume ~ JM/I W€/»ri //I-C/OSS Cl/rtfa/JO? UIVDPk ■ monitored and subject to being disconnected. Also, the group had reason to believe that their actions were being closely monitored by individuals sent to keep an eye on the Amer- REG,STRAnON MUST BE RECEIVED WSI/ 9 if/™ ™f Unfortunately, Pinochet's tactics are working, and not even the Americans were immune from the general feeling of paranoia. Upon leaving New York City the group was told that its hotel room would probably be bugged. All international telephone calls were politically oriented arpieres are found, a prison sentence would be imminent. The arpieres are sold by the Church and all proceeds go to the women who make them. Mrs. Alt remembered a videotape shown to her group depicting the kinds of torture used on prisoners. In a typical torture session, the prisoner is disrobed, tied to a metal bed and doused with water. Electrical shocks are then sent through him for as long as an hour. A doctor will be there to examine the prisoner to determine whether he is healthy enough to withstand some more. Recently the government, as if attempting to fulfill Orwellian prophecy, has begun to use rats as a means of torture. Various Church groups are trying to encourage the citizens of Chile to participate in nonviolent anti-government protests. However, non-violent protestors are treated exactly the same, and subjected to the same tortures, as anti-government protestors who employ more violent methods. As indi- JOHN ROWLEY SUSAN ROGUE �" > * - * 9 Coto'B 1104 Elmwood Avenue 886-1449 I | Around §L i : : 14«f ""* tt^^\^^^^X^'*^3^^ .\^k^f\ " I |rr ii "T«f I' buTTalo s ————————— i2t * ibvll ')>f "; ■MMaaiman Locker Room 1389 Delaware Avenue 75 Edward Street 855-8944 882-9565 /J The Opinion schedule for the 1986 Fall Semester J\ \ is as follows: A V ISSUE COPY DEADLINE* LAYOUT** DATE OF PUBLICATION M 27:7 Mon.,Nov. 17 Thur.,Nov.2o Wed., Nov. 26 W 27:8 M0n.,N0v.24 Sun., Nov. 30/ Fri„Dec.s t\ V Mon., Dec. 1 W \ \ %\ bj fa "Deadline is 12:00 noon. **Layout will be in The Opinion office, room 724 O'Brian Hall at 6 p.m. W V All articles must be typed double-spaced. Submissions can be placed in the manila envelope outside The Opinion office, room 724 O'Brian Hall. [X fAW Staff Meetings are held every Tuesday at 3 p.m. in the office. kl fj "I^B "trf"'"/'/ Founding Fathers Pub fj ' Mulligan's Brick Bar 229 Allen 886-9883 I ~ • W AS r*^J^'^T^lJW!S2! r\" l Pr V W /j V The Cutting Edge.... zations can be made from these recent cases on how New York State has addressed the drug testing issue, it seems that the courts are requiring that there be "reasonable suspicion" that an individual is using drugs before that individual can be tested. Further, only one of the three cases has actually de- World Peace to show and recognize both sides of an argument, and interpret information with insight. I realize attorneys and law students are human beings (surprised?); we suffer from human frailty and idiosyncracy continued frontpage V cided that reasonable suspicion was present, making the search in question reasonable. This strict view in interpreting what constitutes reasonable suspicion of drug use may imply that the courts are not yet willing to approve of drug testing, except in a very limited number of situ- ations. continued frompage 8 our approach to our personal lives. This may help us in our law careers, and it may help us relax around unfamiliar groups of individuals. When we get a client from a different culture, background, etc., we will be a little more comfortable, and ready to listen and objectively interpret the facts. Peace within our microcosmic world? Change by discovery? World peace? and therefore are not perfect (gasp). Colleagues, we should be developing our ability to be objective, and use the insight which we acquire through our illustrious Law School training and experiences to assist us in November 12, 1986 The Opinion 15 �————^—B—B ■ - S 5 Head Rep: H TODD BULLARD | 3rd. Yr. Head Rep. KEVIN COMSTOCK ■ Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Piatt Rick Resnick *&%<%? yAyAT 'aWaWA Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* 1 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Larry Spiccasi Sam Spiritos Bonnie Mettica "please contact these people to inquire about their status ""associate reps 16 The Opinion November 12, 1986 Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jimjeirney John J. Williams Dana Young \^^fr *VV^ &>£ gsP^ ————' ■■■■ g——b— <§§§^5 >§§§^I $$$*$ vS*C§* rAr^^r^ j^LrZ^ J^m^^Z^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1986-11-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/12/1986 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d29db2707f5088cab320d3dd04379e73.pdf 5155067c5c228536028b16d055238a19 PDF Text Text Vandalism is Increasing at Law School by Idelle Abrams Vandalism at the University of Buffalo has been a serious problem since the Amherst Campus opened. At one point vandals were responsible for up to $10,000 worth of damage a month in the Ellicott Complex. While figures like these are startling enough, the current spate of vandalism in the Law School, with its racist, sexist, and homophobic overtones, is even more disturbing. Two recent incidents occurred in classrooms on the first floor. In one, racial slurs were written on the desk in the front of the room. The other occurrence involved vandalism of a movie screen, on which racial comments had been written on the front and sexist comments . on the back. The administration responded quickly in both cases. The first instance was taken care of by alerting housekeeping, who scrubbed off the graffiti. The second incident was handled by retracting the movie screen and*disconnecting the switch, rendering the screen immobile until it can be replaced. In other instances, various forms of vandalism have been directed at the Gay Law Students Organization (GLSO). GLSO put up large banner posters publicizing their Open House earlier in the semester. By the next day, the sign in the mailroom had been torn down, the one outside the Law Library had been ripped in half and de- rogatory comments had been scrawled on the poster outside the Moot Court Room on the first floor. The same comments were also written on the sign on thedoor to the GLSO office. "It's demoralizing," said Brett Gilbert, president of the StudentBar Association and member of GLSO. "Lots of timewas spent making the signs." It is also upsetting to Gilbert that people are "trying to stop us from getting our message up." Actions like these also "make it scarier for the person in the closet," Gilbert said. Last year, in an incident also directed at GLSO, Eduardo Mejias, another member of GLSO, caught a lawstudent ripping down a GLSO sign. Mejias confronted the student and asked him to put the poster back. The student, who was with his friends, laughed, taking it as a joke, but "turned colors" and apologized profusely when he realized Mejias was serious. As a result of this experience, Mejias believes that anyone who sees something like this happening "should take the initiative. What started out as a joke turned outto be a very embarrassing situation" for this student. Mejias' experience of actually catching someone while they're vandalizing property is unusual. Vandalism is generally done when there are no witnesses and it's difficult to discover later on who is responsi- ble. This also makes it difficult for the administration to respond. "You can't tell who did it based on the graffiti," said Aundra Newell, Assistant Dean for Student Affairs. "If you could identify the people," Dean Wade Newhouse said, "then you could do something. But without that, there's no way to solve the problem. I deplore that it happens but don't know what the administration can do about it." It is also impossible to say that law students are the only ones responsible for the vandalism. "The graffiti has evidenced itself here (in the Law School), but we don't know who did it," Newell said. "You have continued on page 14 THE OPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 27, No. 7 by Susan Clerc Study space in the Law Library will become even harder to find if proposed construction in the Undergraduate Library is approved, said Law Library Director Ellen Gibson. December 3, 1986 LLibarawyUGC CItnrcoorwedaiisngh Two hundred seats would be eliminated at UGL to make room for administrative offices for the newly-formed Under- graduate College. "We would anticipate that there would be more pressure not only on the Law Library but also the other libraries" on campus as students try to find new places to study, said Gibson. The recommendation to convert 20 percent of UGL's first floor into offices came from the UGC Space Study Committee's Final Report, written September 25. The committee was appointed by Vice Provost for Education Undergraduate James Bunn and chaired by Dennis Malone of the Engineering School. Using "a cost/benefit analy-1 sis," the committee chose the Will study space be a luxury? UGL site as the least intrusive alternative that met the criteria of immediate availability and a central position on the academic spine, "spinality" as the committee termed it. UGC's demand for immediate placement on the spine and the study committee's lack of definitive space requirements provoked letters of protest from individual faculty members and the Library Faculty Executive Committee. AsideJrom the claim of urgency and need for a central location, opponents of the proposal also point out that library space, due to special structural requirements, is extremely expensive and offices don't need the same features. Opponents also said that offices will become available in Talbert when the Student Association moves to the Student Activities Center. Final decision on whether to approve the plan has been postponed until December 5, and further study on where to put UGC offices will probably be recommended. The Faculty Se- Executive Committee heard several reports urging nate further study and will consider a formal proposal on another study when it meets again today. Chairman Claude Welch said that he was "absolutely confident thaV there will be a nent. study of space needs for UGC and equally confident that the terms of reference Ispace on the spine by fall 1987) will differ from thoseof the previouscommittee." Concerned with the impact on the Law Library if the takeover does go through, the Law School Library Committee discussed plans to cope with a flood of undergraduates and requested the SBA formulate "a strong response" to loss of library space. Speaking at the November 24 SBA meeting, Library Committee student representative Lisa continued on puge 14 Increased Competitiveness Marks Moot Court by Zulma A. Bodon Compared to last year, there were three major differences in this year's Moot Court Competition: 1) the number of participants; 2) the scoring; and, 3) the level of competitiveness and enthusiasm. The attrition rate was significantly higher this year. According to Robin Checkla, Moot Court Board Director, "probably 160 picked up the problem and only 94 people competed this year; last year 165 people picked up the problem and 124 competed." The fact that a smaller number of teams chose to compete made this year's competition more manageable. "I think (this year) was a little less hectic due to the fact that last year we had 62 teams (competing) and this year we had 47," said Moot Court Board member Paul Karp. When asked if the high droprate was due to the way the issues in the problem were divided, Checkla responded: out "People in the competition took it upon themselves to change the order in which the Court certified the questions. One partner was going to do issues 1 and 3, and another partner was going to do issues 2 and 4. So we put out a memo a couple of weeks into the problem (explaining) that one partner had to address questions 1 and 2, and one partner had to address questions 3 and 4." This order, she maintained, was necessary for three reasons. First, because that was the order in which the questions were certified. Second, it preserved the intended flow of the arguments. Third, and more importantly, it prevented certain issues from overlapping. "There were two issues that tended to overlap and if one partner did both there was a tendency-to totally ignore one issue. We did not want that to happen," said Checkla. She further explained that even though two issues could overlap, they were very distinct and thus people were expected to see that. "This caused a minor furor because a lot of people had broken the problem as 1 and 3, and, 2 and 4," said Checkla. But according to Karp, even though this misun- derstanding caused bad feeling among some participants, the high attrition cannot be attributed to the way in which the issues were arranged. A second major difference in this year's competition was the scoring. The Board, recognizing that there were a lot of problems in the way the scores were calculated last year, decided to implement a new computerized system to help with the rankings and the scorings. This allowed them to prevent many of the mistakes committed last year. Moot Court Competitor Camille Wicher Checkla explained that "there were a lot of screw-ups with the scoring, very serious screw-ups (last year) to the point of requiring a couple of teams to argue an extra round when in fact they did not have to." This, she said, happened because last year's scoring committee did not pay close enough attention to this aspect of the competition. But more importantly, the use of gave this year's committee an obvious advantage. Fortunately, this new system of scoring and ranking will become a permanent component in the operation of future computers competitions. Members the Board continued onpage 5 of Inside... Dean Search . ...... Law Day More Moot Court Reasonableman 2 2 4,5 .... 9 Pursuing a Public Int. Job .11 �The Dean Search Is Finally Getting Underway by Krista Hughes After the initial delays in its formation, the Dean Search Committee has gotten its bearings and is now working at finding a new dean for the Law widely-read periodicals such as the New York Times. The statement will essentially announce School. According to student representatives Jim Hayden and Kyle Maldiner, the Committee is composed of success-oriented people who are dedicated to finding a good dean. The present Committee does not seem hampered by the failure of the last Dean Search. Instead, there is a feeling that they can, and will, learn from past mistakes and simply plunge forward. It is Jim Hayden's feeling that there is only so much that one can learn from the past: "I have a tendency to just do it," rather than dwell on what others have done. One reason for the general feeling of optimism is that the Committee has decided to mine some non-traditional sources in searching for dean candidates. Rather than looking only for Law School administrators, the Committee will also consider such individuals as current practitioners or those working in government. Presently the Committee is formulating a position statement which will be published in various law journals and to find someone non-traditional [to be dean|." Both Hayden and Maldiner see student input as very necessary to the Dean Search process. Already they have sought student comments through the use of a survey, which was distri- buted to all mailboxes. While only 70 people Jim Hayden that there is an opening for a dean and indicate the qualities sought. According to Hayden, the journals and newspapers are "not a really significant forum, but they are a way to get publicized." Probably the primary method of recruitment will be through faculty contacts. In formulating its position statement the Committee has made a concerted effort not to be specific. This is an attempt to open the search to as many different kinds of people as possible. The Committee is not listing specific "requirements" that each potential candidate must fulfill, but is rather listing "preferences." They are not even requiring a law degree. According to Kyle Maldiner, "Because the (Law) School is non-traditional, we'd be willing responded, some central concerns and ideas did arise. The first question on the survey asked what are the top two or three priorities to which a dean should devote his or her attention. The most frequent answer was that a dean should concentrate on improving the reputation of UB Law School so that it is better able to attract the best students and faculty. How- ever, Maldiner remarked that no one suggested how a dean might do this. The other concern which was seen as a top priority to students was curriculum the improving course selection so that there is a wider diversity. Many stu- — dents added that it would be important to maintain an open academic leadership and strength of character, students also want a dean who is accessible, warm towards students, and sensitive to their needs as people. The last question on the survey asked what kind of background students thought a dean should have. This ques- environment and continue with the "Buffalo Model." Second on the survey was a question as to the qualities and characteristics which students thought were important in a aggressive dean. Besides Kyle Maldiner tion produced the widest diversity of answers. A strong academic background was the most frequently mentioned, but students also wanted to see someone with experience in practice, business or administration. Only two students suggested that the next dean should be or have been the dean of another law school. The survey was conducted solely upon the initiative ofMaldiner and Hayden, and their fellow Committee members were not even aware that one had been conducted until quite recently. Some members were apparently concerned that such a survey would essentially serve to narrow down the po- tential set of candidates. However, that was never intended; the survey was more a way to find out what students are thinking, and it "just shows that students want a focus for the school." Because student input is so important, and because Maldiner and Hayden are representing student concerns on the Committee, they will be coming back when the Dean Search is farther along to get more student feedback. Once the Committee's position statement has been published the Committee will start generating lists of potential candidates and will start contacting, people who may want to interview here. Probably the earliest any candidates will begin coming to the Law School would be February or March. The Committee is planning on meeting every Thursday, even over the semester break, until it is no longer necessary to meet so often. Maldiner notes that, despite the variety of concerns represented by each of the members of the Committee, a good working relationship has developed, and despite the failure of the last dean search, there is a feeling of genuine optimism that a good dean will be found. Law Day Explores Law in the 21st Century But the essence of his mes- by Zulma A. Bodon "Lift every voice and sing" was Professor Kelly Parker's response to the theme of this "Law and the year's Law Day 21st Century: Making the Differ- — ence." Law Day was sponsored by the Black Law Students Association (BLSA) on Saturday, November 8 at UB Law School. sage is that there is a need for collective action based-on an agenda supporting some kind of people's movement. "There is a way that you can lift all of your voices: having an agenda. Once you have an agenda, the folks will be out there with you because they know where their interests lie," Parkerconcluded. not the only vehicle through which changes can be achieved. The human element is, and must be, an integral part. In his words, "The simple existence of law is not enough, people make differences and law is but an instrument that people may use to make good, but also bad, differences." Whether these differences turn out to be good or bad will depend on "the wisdom and the choices that you make, and your ability to transcend the Dean Wade Newhouse The purpose of Law Day, said BLSA President Gregg Jackson, "is to attract minorities into the legal profession in general, and to UB in particular." Parker is a professor of law at Columbia Law School and a political activist. His keynote address centered around Black music as a form of unwritten, In his welcoming remarks, Newhouse addressed the theme of the day by asking: "Can law make the difference? Has law made the differencefor Black people and Dean Wade otherminorities in this nation?" In addressing these two questions, he recounted history during the span of his adult life as a law professor in order to respoken law: "If you read those mind us of the changes in our songs, you get one kind of messociety brought by Brown v. sage. I read them as constitutional text, constitutional law." Board of Education 11. Brown, Newhouse said, did Songs written by slaves, said Parker, constitute African legal make a change, yet there is so much remaining that should be history and thus it is in that history that all the answers are to changed. Racism is still depresbe found in the 21st Century. singly pervasive in our soci"We have to, in the 21st cenety." But the expressed optury, develop a tradition of timism about the future in that lawyers who are consistent it is realistically possible "to with that long history and who think of new differences which will move us even furtherfrom are doing something to make the recent past." history instead of letting history make us." He also believes that law is The Opinion December 3, 1986 2 human conditions of greed, selfishness and intolerance toward others who are not different or who are different." He further stressed the importance of creating alliances: "Your salvation depends on working together, rising above racism." Assistant Dean Aundra Newell spoke on the Buffalo Model and on the admissions process. She gave a "Reader's Digest version" of the Buffalo Model which she described as a comprehensive approach to legal studies, one which focuses "not only on legal rules, but also on the social, political and intellectual context in which those rules operate." The first morning panel was composed of three UB law professors: Charles Carr, Judy Scales-Trent and Jack Hyman. Although Hyman recognized that the law is not going to change the character of our society, he agreed with Dean Newhouse that it is still possible for the law to make some difference. More importantly, Hyman stressed the need for more qualified minorities in the profession. "I think it is important that the number of competent minority lawyers be increased and the (Legal Methods) program we have at this school has been designed in order to make some contribution to that end." Professor Carr shared his optimistic views about what minorities can gain from the legal profession. "Law school should be an exciting possibility for you in the sense that I can think of no area of study that you can enter in where you will have more latitude in terms of what you might want to do." He further noted that although not everyone who finishes law school wants to practice law, "the education you get is so broad that it makes you a viable, marketable commodity to a lot of different enterprises and institutions. A second panel presented women in the legal profession. The panelists included Professor Isabel Marcus; Professor Denise Carty-Bennia from University; Northeastern She believes that the legal profession has not been responsive to women because "real responsiveness is obviously a real sharing of power, and in large measure there has been little or no real sharing of power in the legal profession." What this means is that women have been relegated to the service area of the legal profession. "We have branched out, but I think we still account for far more of the service area of the profession." As to what all this means for minority men, she explained that their options are just as restricted. "To the extent that the profession has not dealt with women in an appropriate egalitarian fashion, I think it is a reflection that it is unprepared to deal with anybody who does Assistant Aundra Newell Donna Humphrey, a recent UB graduate and staff attorney with Neighborhood Legal Services; and third year student Debra Gibbons. Professor Carty-Bennia opened the discussion by pointing out that although women represent one third of the law students enrolled in legal education, they are not equally represented in the marketplace. not look like the white male model." But the real problem, accord- ing to Carty-Bepnia, is that people of different races often look at one another as adversaries as opposed to supporting one another in finding better ways to use their alliances to get more access through the legal profession. "We have to vimrinuLxltm pnpe 14 �SEBESBBBHEBSBBBBBBHEBBSBBBSBSBBBBBBBB! REVIEW BBBEBBBBBBBBBaffIBSBBSSSSSSEEEEBSEBBSBB Review the comprehensive JOSEPHSON/KLUWER law summaries and outlines... MBBHBBSJBBffIBHIIffIIIBBHBLSIfiWWKWMMiBHiMMBBBWHW RESEARCH BBWWliirißßßßßMßßHßillrtWllWfailfflftlfflllllfflllHrinilHirinilß Research the "Tested & Proven" methodolgy and "Program Learning System" (PLS) wm COMPARE WLiSJHWHliiWlllfflKteillittlWWWiaMliWWWlljWMtalWWWlJWWWHW Compare tliis pertinent information to other Bar Review Courses.. . 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Street New York, N.Y. 10010 88888888888888888888888888888888888 NY STATE at BUFFALO J/K REPS 88888888888888888888888888888888888 Lawrence Basel Maureen Casey Raymond Dziedzic Mary Ellen Gunnison Lois Liberman Philip Chamot Irene Fassler Evelyn Gawronski Evelyn Gurdin Karl Niedermeier Julie Brett Eric Chester . Ronald Francis Carol Giarrizzo Nancy Holtby Fern Merenstein Elaine Pers David Brown Melanie Collins Celia Garelick Laura Green Rose-Anne Landau Pamela Neubeck Martha Post December 3.1986 The Opinion 3 �Many Merry "Mooters" Turn Out at Marriott as Moot Court Mania Ends by Dana Young The Desmond Moot Court Taryn Chapman Tom Theophilos Nancy Dean Competition ended Saturday, November 15, with a gala dinner event held at the Marriott Inn in Amherst. Attendees included participants in the competition, those who organized and ran the competition, and those who volunteered their time to clerk. All were scrupulously attired. In vogue for the evening were moussed-up hair for the men and nouveau-riche outfitsfor the women, not the least understated of which was a Alfraretoridini black and white, bold-striped zebra suit. Cocktails were served before dinner at a cash bar (distinctively gauche). Dinner itself was free. The entree was none other than chicken almondine with rice pilaf and french cut string beans. A fluffy, strawberry cheesecake, was served for dessert. Following dinner, the elaborate awards ceremony commenced with her Grand Moot Court Poobahness, Robin Checkla, presiding. Shots of vodka and lime juice were ritually lined up in front of the Poobahness and her cohorts. Toasts were made with each award winner able to traverse the red carpeted maze to the Grandstand and accept the revered, temporarily blank, paper certificate. Down went the shots! Most festive became those who presented the awards! There were five awards for best oralist, five awards for best brief, and eight awards for those who made quarters, semis, and finals. When it was \ , over, the Grand Poobahness and comrades were tipsy, but still un-turveyed. On to the entertainment! And what a show it was. A barbershop trio, Brian Martin, David Brown, and Brett Gilbert, dazzled the audience with their version of "making it" to the top. Memorable lines such as "law review law review; resume resume; interview interview; job job; 60K 60K" will surely haunt those who heard them. Next was a solo improvisation routine by the one and only chic, Mr. Mousse himself, David Brown. With an unending repetoire of faculty impersonations, Mr. Brown treated the audience to such favorites as Wade "School law" Newhouse; Schlegel "Shlegs" Schlegel; Mr. Paul Birzon; Lee "Uh, urn, Uh" Albert; and the infamous Spiegelman. Requests were welcomed. Janet "Contorts" Lindgren, Marjorie Girth, and Tom Theophilos & Leslie Lubell Donna Lanham & Mary Anne Oliver "Earth to" Steinfeld received memorable portrayal and recognition. Alas, tis a pity such evenings must end, but end they must. The crowd dispersed to the Marriott lounge where some happy-go-luckers decided to shake their booty to the beat of the booming, breakdance music. Others were content to continue working on the next day's hangover. In the words of some great philospher, "Its over." Not only did everyone survive Moot Court, but they survived damn well. A special "Thanks" to all of the Board members, and Mary Anne Courtney & John Goldsmith others who supported frantic participants emotionally and sometimes physically. Mary Casey & Susan Bernis Karen Depalma Susan Shoepperle & Julie Freudenheim Moot Court Participants Receive Honors at Banquet Moot Court Competition Winners Susan Schoepperle Julie Freudenheim Finalists John Christopher Mary Casey Susan Bernis Semifinalists Shelly Dropkin Dana Young Tom Theophilos Leslie Lubell Quarterfinalists Donna Lanham Mary Anne Oliver John Christopher Randy Fahs Bob Bogdan Karen Depalma Jane Conrad Kathleen Benesen Susan Shoepperle The Opinion December 3, 1986 4 Best Oralists 1. Taryn Chapman 2 Tom Theophilos & Nancy Dean (tie) 3. Karen Depalma 4. John Christopher 5. Susan Schoepperle Forrest Strauss & Dennis Hurley Best Briefs 1. Tom Theophilos & Leslie Lubell 2. Donna Lanham & Mary Anne Oliver 3. Mary Anne Courtney & John Goldsmith 4. Susan Bernis & Mary Casey and Forrest Strauss & Denis Hurley (tie) 5. John Manning & Danny Feurstein John Manning & Danny Feurstein �RecounCMCtsalndirklyC out haos by Shelley Rene Rice Hear ye, hear ye! - Moot Court can be a terrifying experience for the participants. I've heard "If it doesn't kill you, it will make you better." Sure, you're trying your darndest to persuade three obnoxious judges on the merits of a totally ridiculous case a case so against your client that you don't believe what you're saying. And all the while, the time — keeps ticking away. Here's where I played a part. As a clerk, I kept time —a very important job. I didn't want to cheat those frightened participants out of any time from the stream of bombarding questions. My other "important" duties included pouring water for the crazed participants and the egotistical esquires. The process seemed to go by quickly. When arguments were over, I asked the participants to leave the room while the judges scored them. When they were done, I used my "extensive" ac- counting background to tabu- late the final score. The poor participants paced nervously as they awaited the judges' com- ments. It really wasn't that bad. It - was an experience. I learned by observation thatit takes a lot to represent someone. You must know all the facts, issues and relevant case law, so much so, that you can refer the judge to a document or specific page. You must be slightly humble and patient, because if you are stopped in mid-sentence or mid-thought, you must listen attentively and then respond in- telligently and succinctly. Aware of the fear and all, I am nevertheless anxious to try Moot Court next year. I wonder if I'll keep my composure under the lineof direct questioning as well as the participants I observed. It takes a lot of self-reliance and work to prepare for Moot Court, and all the participants should be commended for their efforts. Susan Bernis & Mary Casey 1985-86 Moot Court Board Shelly Dropkin & Dana Young All Moot Court Photos courtesy of Paul Karp, Moot Court Board Member Executive Board Tom Theophilos & Leslie Lubell Moot Court cimtinuctl from/\ti!C I agreed that this year's level of competition was higher. "Everyone was really well prepared. The level of competition was extremely high," com- each otherrather than with, and in support of, each other." This, they felt, has to do with the "character" of the class which they described as being natur- mented Board member David Brown. They felt, however, disappointed that this year's participants were not talking to each other as friends, but as highly competitive individuals interested in winning without maintaining a sense of mutual community interest and support. "I know it is a generalization, but I think that our class was talking about it more. Friends were helping each other out and giving each other cases, discussing the problem more. Whereas this year I heard a lot of competitors complain to each other. Everyone was very secretive about it," said Paul Karp. Robin Checkla expressed similar feelings: "I think they are a much more competitive class than we were. They tended to work at odds with ally competitive. Although there was a high degree of competitiveness in this year's program, there was one basic human element missemotion. This, Board members agreed, could be attributed to the make-up of the problem, primarily to its factual component. They also felt that last year's problem, which dealt with homosexual rights, brought ing: about deeper personal feeling in the participants. This year's problem dealt with involuntary drug testing in the work place which, compared to the issue of homosexuality, is less personal. According to David Brown "even though both problems dealt with Constitutional issues such as First Amendment and privacy rights, the enthusiasm level was just not what it was last year." The determination as to what types of issues should make up a Moot Court problem begins before summer vacation. Robin Checkla explained the way this year's Board chose the issues: "Those members of the problem committee who were going to be around after the second semester got together and researched it. We kind of planted a couple of seeds before we left for summer vacations." The problem committee wanted to select an issue that was both current and likely to come up before the Supreme Court. "We wanted to find something that was topical, relevant, and interesting," said Checkla. Overall, the Moot Court Board felt satisfied with the way they administered this year's competition. Although most participants were less than enthusiastic, they demonstrated an impressive degree of knowledge and preparation during the arguments. Also, the presiding judges were very impressed with the competition. "They all thought the quality of the competition was excellent and (that) the participants were well prepared. This made me feel good about the competition itself and the school. I think members of the Board and the competitors have reason to be proud that here are some very impressive people who are impressed with us," said Board member David Brown. There was a clear sense of pride and commitment to the Moot Court program expressed by its Board members throughout this interview. They are very concerned with the way the program is perceived by the faculty and the administration. They contend there is not enough administrative support from the faculty of the Moot Court Board. Paul Karp explained that "this organization should get more support from the faculty and the administration because it is the only opportunity the school has to really showcase its students to its alumni and to other practitioners." To this he added: "Last year in two national competitions we placed in the quarter finals and, in one, we won the entire competition. I think that really speaks well for the program at the school that in the nationals our teams have really excelled." Checkla agreed that the Moot Court Board is the only vehicle through which our school can be represented nationally "in the sense of what (Buffalo's) students can do, what our abilities are." However, she feels that although there are individual faculty members who support the Moot Court Board, "a good portion of the faculty would like to see the Moot Court Board erased. Every year they fight to take away our funds. We fight tooth and nail for our existence." December 3. 1986 The Opinion 5 �The Insanity Defense by Melinda K. Schneider October 31 seemed an appropriate date for the jury verdict in the John Justice murder trial. Justice is the Kenmore West High School senior honors student, who on September 16, 1985, killed his father, his mother, his younger brother, and a neighbor, who was killed when Justice tried to commit suicide by ramming his car into him. What is so unusual about the case is that the jury found Justice guilty of murder for the deaths of his mother and the neighbor, and not guilty by reason of insanity for the deaths ofhisfatherandbrother. The insanity defense itself is very difficult for many people to understand because it allows a mentally ill person to be found not responsible for his actions if he lacked the substantial capacity to know or appreciate the nature and consequences ofhis conduct, or to know that his conduct is wrong. Several of the jurors who discussed their reasoning stated that they considered each of the killings separately to determine what Justice's motivation was in each case, and then applied that determination to a verdict for each killing. It explains why this particular jury could reach a finding which defense attorney Joel Daniels termed "ex- traordinary." The verdict points up a prob- lem, however, with the insanity defense in general, and with the public's perception of what it means in terms of a murder trial. Professor Charles Ewing an expert on the legal and psychological aspects of the insanity defense offered his opinion on the verdict. Ewing thinks juries should be told that when people are found not guilty by reason of insanity they may end up doing more time than if they were convicted of the crime. He mentions a case, Jones v. United States where this is precisely what happened. In Jones, the,defendant was arrested for attempting to steal a jacket from a department store. He was arraigned in the District of Columbia Superior Court on a charge of attempted petit larceny, which is a misdemeanor punishable by a maximum prison sentence of one year. The defendant decided to plead NGRI after the court ordered a psychiatric evaluation in order to determine his competency to stand trial. The Superior Court found the defendant not guilty by reason of insanity on March 12, 1976, and committed him to St. Elizabeths, a public hospital for the mentally ill. In 1983, Jones was still in the mental hospital when his case the U.S. Supreme Court. The Supreme Court held that, "... when a criminal dereached . . .And JusticeFor All fendant established by a preponderance of the evidence that he is not guilty of a crime by reason of insanity, the Constitution permits the Government, on the basis of the insanity judgment, to confine him to a mental institution until such time as he has regained his sanity or is no longer a danger to himself or society." "Had Jones pled guilty to the misdemeanor, the most time he could have done in prison would have been one year. Ewing saw several problems with the verdict in this case. He stated that the first thing one must recognize is that, as relates to a criminal act, insanity is a legal concept, not a medical concept. Within a time span of no more than four hours, the jury determined that Justice was insane, that he was not in- sane, that he was insane, that he wasn't insane. It is difficult to accept that someone could be in and out of insanity like that. Ewing thinks the jury compromised to placate the lone hold-out juror, otherwise the majority was ready to find Justice guilty for all four murders. Ewing sees two problems with this result: first, the verdict does not seem to match the facts, and second, it doesn't do anything beneficial for Justice. He suspects that Justice might have been better off in the long rurr with convictions on all four counts. A not guilty by reason of insanity (NGRI) conviction will hang over his head in terms offuture release. The guilty verdicts require a prison sentence, and the NGRI verdicts require hospitalization in a psychiatric institution. Presiding Judge Joseph S. Forma said he would have to decide which kind of institution by January. Ewing said that penal law requires that Justice be admitted to a mental hospital for evaluation. He thinks that the hospital will determine that Justice does not belong in a mental institution. Then Justice will go to prison for the murder convictions. But because of the NGRI convictions, Justice may remain under the state control definitely. If he were just found guilty, he would serve his term and be released. For Ewing, this is a case which "falls through the cracks." What really should be done with Justice? Prison would only be for retribution. If he is not mentally ill, what purpose or benefit to Justice in keeping him in a mental hospital? Ewing does not think either solution might be appropriate in this case. Justice definitely needs help, if for no other reason than for him to deal with what he has done, and the community could never deal with him walking away. The lawsays in- that in order for them to be able to retain you after a verdict of NGRI, you have to be mentally ill and dangerous. Ewing does not think it can be established that Justice is mentally ill. Ewing thinks neither psychi- atrist was an effective expert, and that both were "hired guns" by reputation. Tanay (defense) generally testifies for the defense and has very liberal views regarding the notion of insanity. Barton (prosecution) almost always testifies for the prosecution and is a conservative. It was a "battle of the experts" who totally disagreed with one another. Juriesdotake expert testimony seriously, but when it is insanity, it comes down to a gut-level response. Ewing thinks the jury may have disregarded both experts, and that while they thought they were doing the right thing, it won't do Justice any good. Statistically, finding someone guilty under these circumstances is common. The insanity defense is rarely raised, and it is rarely successful when it is raised. In a case like Justices, where he was both guilty and not guilty by reason of insanity, the problems with this defense and the legal options available are pointed up even more strongly. At this point there may be no satisfactory solution in sight for eitherthe community, the victims, or the criminal himself. PLSA Hosts Ewins Child Discipline Lecture by Tom Farley The Parents Law Student Association played host to a group of more than 30 people in the 4th Floor Lounge on November 20th when it presented Professor Charles Ewing for a discussion on child discipline. A staunch advocate and practioner of non-corporal punishEwing ment, Professor suggested several alternative approaches to physical punishment. At the conclusion of his remarks, he fielded questions from the audience, which tended to address more specific and personal circumstances from individuals' past experiences. Following the seventyfive minute meeting, PLSA members and non-members alike shared ideas and experiences on the subject over wine and cheese and crackers. The talk by Ewing was the first in a projected series that PLSA plans to sponsor. Discussions have taken place with some local attorneys which Professor Charles Ewing would bring them to the school during the spring semester to speak on subjects such as parttime legal careers for parents and successfully maintaining both a professional career and a family. The Parents Law Students Association is an organization designed to serve the special needs of a segment of the student body. Its two most significant themes are support and socialization. The support aspect is highlighted by the PLSA office (O'Brian 604), which has a playpen, changing table and toys for children and a deskfor studying parents; by the speaker series; and by thesharing of our collective experiences. The social aspect is typified by such past events as our potluck luncheon, the Shoshone Park picnic, and our upcoming January hay or sleigh ride, weather deciding. The hay/sleigh ride will take place at a stable on Transit Road, at a cost of roughly $5 per family or $3 per person, followed by a potluck dinner. scene several years ago with his New York City-based company Miramax Films. A former UB student, he returns to campus under the auspices of the Entertainment Law Society. He will present his insights on the business of entertainment, par- managed to merge music and movies as illustrated by the company's $1.3 million sale to Media Home Entertainment of a 12-concert video package highlighted by David Bowie's "Serious Moonlight Concert." Miramax's other rock music properties include Bowie's "Ziggy Stardust and the SpiMars," ders from Paul .. Weinstein has successfully a 12-concert managed video package highlighted by David Bowie's "Serious Moonlight Concert." "Rock Show," McCartney's "Frontiers Journey's and ticularly in regard to the role of Beyond," and the star-studded lawyers in dealmaking. "Concert for Kampuchea." The firm has additionally esThrough Miramax Films, tablished a solid reputation for Weinstein has successfully The Opinion December 3, 1986 6 hay/sleigh ride, or in PLSA generally, get in touch with Tom Farley (#645), Linda Crovella (#618), Leslie Gleisner (#398) or John Rowley (#779). PLSA Hayride and Dinner The Parent Law Students Association (PLSA) has tentatively scheduled a hayride and potluck dinner for Saturday, December 6 from 2-5 p.m. A covered wagon (or sleigh depending on the weather) will be pulled by two Belgian horses. Following the hour-long ride, everyone will retire to a heated barn to eat. Pony rides will also be given. If this sounds like the kind of fun you would like to have, contact Linda Corvella (mailbox #618), Leslie Gleisner (mailbox #398), or John Rowley (mailbox #779). PLSA is a Law School organization whose members are, for the most part, parents. All activities, however, are open to everyone. The organization has a study room in O'Brian Hall where parents can bring their children. Social events are sponsored throughout the year. Members are also available for listening and support for students juggling parenthood and Law School. The organization's policy has been, and will continue to be, Concert Promoter to Appear A look at the exciting, fastpaced world of rock stars, movie premieres and multi-million dollar deals will be presented Thursday, December 4 in the first floor O'Brian Hall student lounge by well-known concert promoter and independent film producer Harvey Weinstein. Weinstein, who is "Harvey" of Buffalo's leading concert promoter Harvey & Corky Productions, crossedover to the international movie that any parent or non-parent, faculty or student is welcome at any of our functions or activities. If anyone is interested in the distributing critically-acclaimed feature films such as "Erendira," written by Mexico's Nobel-prize winner Gabriel Garcia-Marquez; "Edith and Marcel," directed by France's Claude Lelouche: and "Twist and Shout," Denmark's 1985 Foreign Best Language Academy Award entrant. With his brother Bob, Weinstein also wrote and produced the Orion Pictures horror thriller "The Burning" and the recent Universal release "Playing for Keeps," a picture which the brothers directed as well. The presentation will be held at 7 p.m. at an Amherst campus location to be announced. A question and answer period will be followed by a wine and cheese reception. The college community and the public are invited to attend. NEED RESUMES IN A HURRY? I — Two day service in most cases! About 5 minutes from Amherst Campus ACCU-TYPEsetting, Inc. 47 Christine Drive (off Sweet HomeRd. • Tn. Amherst, NY 14120 between No. French & Tonawanda Creek Rd.) (716)691-7480 Quality • Dependability • Fast Service • Moderate Prices 11 bQps>n Oj V 41 ? Seventh Avenue. Suite 62 New York, New York 10001 (212)994-3696 (201)623-3363 �Programs Offer the Study ofLaw and London by Dana Young TIRED of Buffalo? BORED with the same old law school routine? Looking for EXCITEMENT, ADVENTURE, THRILLS? Then consider studying law abroad in merry old London for a semester. There are at least two established London study abroad programs for law students. Pepperdine University sponsors programs for the fall semester only, and the University of De- troit sponsors programs for the fall semester and/or the spring semester. Both are private universities. Currently, one UB law student is in London this semester studying through the University of Detroit. Another UB law student (me!) will also be studying abroad next semester through the University of Detroit. Both Pepperdine and the University of Detroit conduct their studies on the Regent's College campus in Regent's Park, London. Regent's College is an eleven acre campus set in the middle of 474 acres of parkland in the heartof London's West End. Within walking distance are the London Zoo, a lake where boats can be "hired", a bird sanctuary, Queen Mary's Rose Garden, an open air theatre, and tennis courts and other athletic fields. A "tube" (subway) stop is a minutes walk away. The tubeis a popular, quick and cheap way of getting to just about anywhere in London. There are other international programs on the Regent's campus. For example, the British American Drama Academy, University of Southern California School of International Relations, Thomson Foundation (runs advanced journalism courses and television production training), and the Overseas Development Institute (independent center for research on economic and development issues) all conduct programs at Regent's College. Since I am studying abroad next semester through the University of Detroit, I can tell you more about that particular program. Normally, a student can attend eitherthefallsemester or the spring semester in London, although several students have spent an entire academic year abroad. The fall semester begins around September 1 and ends around December 15. The spring semester begins around January 26 and ends around May 8. University of Detroit offers many courses with an international flavor including International Business Transactions, International Space Law, International Commercial Arbitration, Comparative Law, International Economic Law, International Air Rights Law, European Community Law, International Taxation, Comparative Criminal Justice, and a required one credit course. Legal Aspects of International Finance, Banking and Economics. More traditional courses are also offered such as Federal Income Taxation, Corporations, Notebook. If you are worried about a lengthy application process, don't be. The application I filled out asked for little more than vital information, along with a transcript. For all first year students, your second year of law school is an ideal time to study abroad. If you must do Moot Court, go in the spring! As you will find out, the months in Buffalo from January to May are interminably gray, dreary, cold and depressing. What better time to explore a new world? What better way to study law? Jurisprudence, English Legal History, Health Law, Commer- cial Transactions, and Evidence. Additionally, students can get credit for doing an internship in either a London office of an American law firm, a legal department of a multi-national corporation, or in an office of a British solicitor or barrister. Approximately 40 students (usually ends up half male and half female) enroll for each semester. Many students are from Michigan schools, but at least 26 different universities were represented in the 1986-87 class. Some of theother universities which have students in the Detroit program are Emory, Georgetown, University of Southern California, NYU, University of Bridgeport, Boston College, Washington College of Law, University of Houston Law Center, and McGill. For those who are interested in these programs, please go up to the Career Development Office on the third floor and read about them in the Study Abroad munications." The panel discussions at times were heated when divergent viewpoints collided on issues which seemed to demonstrate at a micro level the problems of international issues on the macro level. Friday evening was highlighted with a lecture by Ambassador Paul Nitze who spoke on the arms control issue between the United Statesand the Soviet Union as well as the Strategic Defense Initiative (SDI), otherwise known as "Star Wars." Three workshops were aimed directly at students in which we were given the chance to exchange views and discuss problems common interest such as running the regional Jessup International Law Moot Court competitions, a workshop on International Law Societies and a workshop on International Law Journals. Many law schools were represented at the ILW, including UB Law School as well. Other students came from as far as California, Colorado, Wisconsin and Maine. The Association of Student International Law Societies (ASILS) was formed by five International Law Societies in 1962 "believing that the principles of international law should be more fully understood and recognized" and "determined to educate ourselves and our fellow students in the principles and purposes of international law, international organizations and institutions and comparison of legal systems." Toward this end, ASILS provides information and coordinative services in the international law area, publishes the ASILS International Law Journal and cosponsors the Philip C. Jessup International Law Moot Court Competition. The Jessup Competition involves a hypothetical case argued before a mock International Court of Justice. For those students who are interested in the international law area or seek information about the field, there is in existence here at UB Law School, an International Law Society with membership in the ASILS. At the present time we are involved in preparations for the Many people have expressed wonder, envy and wistfullness at my plans to go to London in January. They all ask "How did you find out about this?" and lament "If only I had known, I would love to do something like that." Well, now you know. It is so easy! And for you who doubt that this program is going to be so amazing, look for a sequel to this article next semester, describing all of the EXCITEMENT, ADVENTURES, AND THRILLS of London. Cheerio! International Law Issues Discussed at NYC Conf. by Daniel Ibarrondo On October 31, theAmerican branch of the worldwide International Law Association held its annual meeting in New York City and co-sponsored a series of panel discussions on current issues in international law. The International Law Weekend (ILW) was also co-sponsored by the Association of the Bar of the City of New York, theAmerican Foreign Law Association, the American Society of International Law and the Association of Student International Law Societies (ASILS). The International Law Weekend also included the semiannual meeting of the ASILS. The ILW offered a unique blend of international law practitioners and international law scholars that presented lively discussions and diverse viewpoints on issues of international concern. Present from academia were Prof. Oscar Law Columbia Schacter, School; Prof. John Norton Moore, University of Virginia Law School; Prof. Cynthia Lichtenstein, Boston College Law School; and Prof. W. Michael Reisman, Yale Law School. Representing the business sector of the field were Margaret deVries, International Monetary Fund; Allan Holmer, General Counsel, United States Trade Representative: Joshua Bolten, International Trade Counsel, Senate Finance Committee; and Ricki Rhodarmer Tigert, Assistant General Counsel, Board of Governors of the Federal Reserve System. The panels provided law students, lawyers and legal scholars with the opportunity to participate in international legal discussions, to hob-nob with some of the most prominent figures in international law as well as to be introduced into one of the most active multinational associations of international law. Among the topics discussed were: "International Law and the Use of Force;" "Prospects for Multilateral Trade Negotiations;" "Product Liability in Foreign Countries;" and "International Telecom- Philip C. Jessup International Law Moot Court Competition to be held in Spring 1987 and discussing the possibility of host- ing the 1988 Regional Competitions of the Jessup. We are also planning a series of speaker presentations about the events of interest in public and private international law. Being a legal practitioner it, the field of international law involves more than the notion of traveling to France for a meeting on Monday and off to Hong Kong on Wednesday to incorporate a client. The field involves issues in international wills and estates, contracts, trade, disputes, navigation and shipping, seabed resources, coastal fisheries, pollution and product liability among others. If interested in joining ILS and discovering something new, challenging and rewarding, contact Larry Lane (2L) #435, Daniel Ibarrondo (1L) #111 or Susan Biniszkiewic/ (2L) #315. Students Urged to Meet with Faculty Candidates Members of the Faculty Appointments Committeehave recently returned from conducting candidate interviews in Chicago. Approximately 20 minority and clinical candidates have been suggested for immediate campus visits. These candidates, along with an additional strong candidate who had been interviewed in a previous year, will be brought to the Law School for intensive one and one-half day interviews. Three of the on-campus interviews will take place before winter break. Marc Linder will be interviewed December 3-4. Mr. Linder is a candidate for a clinic position. He is a 1983 graduate of Harvard Law School and has worked with Texas Rural Legal Aid on migrant farmworker issues since receiving his law degree. Linder also has a B.A. in history and an M.A. and Ph.D. in politics. He has taught economics at various universities in the United States and abroad. Anthony Cook will be interviewed December 4-5. Mr. Cook is a candidate for a non-clinical faculty position. He is a 1986 graduate of the Yale Law School who has been working as an associate with a law firm in New Orleans. Cook received his B.A. from Princeton University in international and public affairs. His research interests include race discrimination and constitutional law. Nancy Polikoff will be interviewed on December 8. Polikoff is a candidate for a clinical faculty position. She is a graduate of the Georgetown University Law Center and was an attorney and founding partner of Hunter, Polikoff, Bodley & Bottum, P.C., from 1976-1981. Since 1982 she has served as a staff attorney with the Women's Legal Defense Fund. She has extensive experience and numerous publications in family law. Students will have an opportunity to meet with and question each candidate. Signs announcing the date, time, and place of each "student-candidate interview" will be posted. All students are strongly en- couraged to attend. Your feedback on the candidates will be transmitted by the student representatives to the Faculty Appointments Committee. Student comments have in the past been an important factor in the process. We appointment realize that candidate interviews are occurring at a very busy time of the semester, but student attendance at the candidate interviews is an important prerequisite to students having an effective voice in the hiring process. Internat'l Law Society Reorganized, Starts in Spring The International Law Society was recently reformed after a shaky start this semester. The new president is Lawrence Lane, and he has an impressive array of ideas that should put this group on the go again. Although Lane said it is too late in the semester to have an organizational meeting, he expects to have two such meetings the first week that thefirst year students arrive back from the break. Posters will be displayed in the halls then, so stu- dents should be on the lookout. Lane said that he wants to make greater use of the impressive array of cultural and social backgrounds found within the Law School. He commented that without question, students from other countries are an invaluable asset in teach- ing others about legal and social problems which beset the world. By hearing the firsthand stories and insights of these students, it is hoped that some of the confusion which exists among those unfamiliar with international affairs can be alleviated. The ILS will be electing an official body ofcommittees to run its planned programs, thus al- lowing a greater amount of stuhunger, political prisoners and domestic and international busdents to participate. The first two meetings are expected to iness transactions and comallow a greater number of stumercial transactions. It is expected that this group will mandents to participate and meet age to touch on all matters of other interested students beinterest to its members. fore elections are held. ElecInterested persons should tions will take place at the third contact Lane by dropping him meeting in the spring. A date a note in mailbox #435. has not been set yet. It is hoped that symposia can be held to discuss world December 3,1986 The Opinion 7 �— OPINION o— . Ml STATE UNIVERSITY OF NHVTYORK AT BLTMLC SCHOOLCF LAW Volume 27, No. 7 December 3, 1986 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Idelle Abrams, Dana Young Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Amy Sullivan Staff: Zulma A. Bodon, Wendy Ciesla, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice. Contributors: Tom Farley, Daniel Ibarrondo. ' c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Keep the UGC Out ofthe UGL Did you ever notice how there's hordes of undergraduates all over O'Brian Hall? Ever notice how they take over all the conference rooms and carrels in the Law Library? Ever think what it would be like if there were 200 more of them looking for a quiet place to take a nap? If the new Undergraduate College is allowed to locate its administrative offices in the UGL, we're all going to find out. This Friday, December 5, Vice President Robert Wagner will decide whether 20 percent of UGL's first floor will be commandeered for offices in the name of "improving" undergraduate education. It's not that there isn't any other place to put the offices, it's just that the administrators don't want to wait until the Student Association moves out of its offices in Talbert. Ironically, those connected with the Undergraduate College don't want it located in the Ellicott complex, although the main reason given for choosing the UGL site was that it would be close to the students that the College is meant to benefit. Not only would putting offices in UGL significantly detract from undergraduate life at ÜB, it would also create overcrowding in the Law Library. Let's face it, that's why we're worried; we all know where the displaced undergrade are going to go, and there's no room at the inn. Library seating is already at the bare minimum for ABA accreditation, and an accreditation team will be visiting here in the spring. How impressed will they be with overcrowded library facilities? Over the last two years, we got a new roof, a new dean, and new word processors, all of which were desparately needed. We don't need 200 new bodies clamoring for a place to park themselves. In a last ditch effort to give law students some place to take their exams, the library will be reserving the open carrels on the fourth and sixth floors during the exam period. That's 41 spaces to the 200 eliminated at UGL. But this is only a temporary band-aid cure. The UGC plan has met with disapproval from faculty in every department on campus. The idea of taking study spaces strikes them as inappropriate at a University that is supposedly being upgraded to equal Berkley as a research institution. They also point out that library space is more expensive to create than ordinary office space because it must be built to support a collection of heavy books. Using this space for desks and administrators isn't cost efficient. SBA has sent a letter to Wagner urging him to consider the effects of confiscating library space on both the University as a whole and on the Law School, but a few more student voices wouldn't hurt. If you want to assure yourself a spot in the library, the chance to stand in line where you can at least see the copy machine before it breaks down, and an even chance of getting change for a dollar, sign the petition in the mail room or clip and send the ballot on page 14. Wagner hasn't made up his mind yet; help him make the right choice. Additional Carrels Available for Reservation During Exam Period (Editor's note: The following item was a late addition to The Opinion from the Director of the Law Library, Ellen Gibson.) At the suggestion of the Library Committee, additional room examinations. Law students will be able to reserve the designated study carrels in the Law Library beginning December 8 and continuing until December 23. Reservations at the Reference Desk are on a first-come, first-serve basis carrels will be reserved for Law Students during exam period. In addition to the 41 closed carstarting at the Library's opening rels on the third and fourth time (Monday-Friday 8:00 a.m; floors, the open carrels on the Saturday 9:00 a.m.; Sundayat noon). The other, usual exam fourth and sixth floors will also period procedures will also be be reserved. Expansion of the in effect to promote a quiet ennumber of reserved carrels is vironment in the Law Library necessary due to the need for and nearby areas. quiet space to take out-of-classThe Opinion December 3,1986 8 The Opinion Mailbox BLSA Endorsement Questioned To the Editors of The Opinion: The Black Law Students As- sociation has endorsed a "Day of Solidarity with the Palestinian People" in a "common pursuit against apartheid in Is- rael and South Africa" and a "lecture" by Adrien Wing, of the National Conference of Black Lawyers. I believe this was wrong, and I think all students, Black and White, should tell them so. At best, BLSA rubberstamped this cause because "apartheid" was in its title, and it teally didn't look into the issue because it can always fall back on a First Amendment argument. At worst, BLSA supports the views expressed on the day of solidarity. I take issue with BLSA align- ing itself with Palestinian and other Arab organizations on this day. The Arab organizations contacted BLSA to lend legitimacy to its own cause, and BLSA should have known this. It is clear thatthe Arab organizations are not interested in abolishing apartheid or in the dignity of human rights. Their motive is to incite hatred against the State of Israel and its supporters. Had BLSA done its research, it would have found that Arab countries are vicious perpe- trators of human rights violations in their own countries and in wars against each other. Not only does apartheid exist in against Arab countries minorities, but also against women and the poor. Palesti- nians, for example, have been victimized in Syria, Jordan and Lebanon, countries supposedly their brethren, purportedly united for this day. Israel, a country surrounded by enemy nations that do not even recognize its right to exist and in a declared war against it, provides Palestinians a home where they own land, hold government positions and may join its army. organizations The Arab needed to "piggyback" American Blacks for the legitimacy of their fight against apartheid. Conveniently, though, the Arab Organizations didn't mention that 90 percent ofSouth African oil comes from Arab countries. Just who is fueling apartheid? Arab countries import and export to South Africa and Namibia, as do 70 othernations in the world. As to atrocities against Israelis, Jews and all people throughout the world (e.g., bombing civilian busses, synagogues, and airports!, the facts show that international terrorism is supported by the Palestinian Liberation Organization and Arab countries, like Syria and Libya. BLSA's support for advocates of anti-semitism is documented. It contributed money to bring the Rev. Farrakhan to Buffalo last semester. The semester before, it endorsed a similar speaker who espoused hatred for Jews and the Stateof Israel. I don't think these things can be dismissed simply by citing the First Amendment. These "lectures" are hardly intellectual forums. They serve to incite hatred and violence against Jews and Israel. Lawyers value forums where all viewpoints can be heard. These events are blatantly one-sided and manipulating. Too often people accept these views as truths, regardless of distortions of fact, misstatements and omissions. These speakers don'ttell truths, and when someone tries to point out other views, one is shouted down and threatened with violence by the speaker's sentinels. BLAS, a chartered SBA organization, owes us an explanation. Spencer G. Feldman Third Year Student Footnotes Footnoted Below Dear Editor: Don't read the footnotes to this letter.1 I do not like footnotes.2 I think we should all stop reading and writing footnotes.3 Footnotes are an annoying and useless phenomenon. 4 They are supposed to supplement the text without detracting from it.5 "But they do detract from it and as they become longer, more complex, self-referential, clubby and convoluted, they threaten to subsume the entire piece and take on a life of their own." 6 The important message of an article is contained in the text.7 Sara Nichols* 'I know for a fact that you are reading this footnote. 2 Contra, say don't like footnotes I I but then I have footnotes, which implies that either I like them or maybe tolerate them or both which in any case is different from not. liking them et all. See footnote 3, infra. 'But, that is a ridiculous proposition because what if you don't read them and then someone else reads them and then you miss something that someone else has caught, then what? "Or are they? "Connessiez-vous le grand chat gui a mange Paris?" The History of Bestiality, Volume I, Michel Foocow, p. 59; see also, the work of a colleague of mine whom I don't really like but who had the good sense to footnote me in his last article. sßut purchase my last 2 books, both of which may or may not go into extensive detail about this very assertion and in any case where quite good, if I do say so myself and I would too have cited them even if I hadn't written them myself although perhaps not as frequently as I am intending to cite them throughout this letter. 6 lbid at 456. See footnote 5 supra. I or my research assistant have also read almost every book or article even vaguely tangential to the subject of this letter and I would be happy to list them for you now if I could remember anything about them or even what the subject of this letter is. 'But disregard everything contained in the text of this letter. *Sara Stevens Nichols is a student at the Faculty ofLaw and Jurisprudence, State University ofNew York at Buffalo which she attended primarily because she wanted to go to the law school with the longest possible name. She is indebted to the following people: her spousal equivalent, all of her friends including the ones she doesn't talk to anymore because she is so busy writing footnotes, her typist, her re- search assistants, her parents and President Reagan for giving her the courage and example to make a fool out of herself in public. Dean Newell Says Thanks Dear Mr. Kullman: I would like to publicly thank the Legal Methods Program students, faculty members, and other participants who accepted the invitation to attend a general meeting of the Legal Methods Program held on Friday, October 31. Although scheduling problems prevented the full participation of all of the invitees, the meeting was well attended. The agenda for the meeting included discussions on the minority student orientation program and the structure of the Legal Methods Program. The comments and suggestionsoffered by the participants in this forum were both enlightening and encouraging. The proceedings were taped and will be transcribed for distribution to those present and those who were unable to attend. I encourage those invited students and faculty members who were not in attendance to submit their comments and suggestions on these programs to me. , Once again, my thanks to those concerned individuals who are striving for the improvement and continued success of the Legal Method Program at Buffalo Law School. Sincerely, Aundra Newell Assistant Dean of Admissions and Student Affairs Recruiting Urban Fellows Recruitment is currently underway for two exciting internships in New York City government. The Urban Fellows Program consists of a 9-month fellowship (September through May) during which participants have a unique opportunity to work closely with key city officials on long and short-term projects. Weekly seminars are held featuring top city officials focusing on issues facing the City. Fellows receive a $12,000 stipend along with a choice of paid health insurance plans. The deadline for application submission is February 15, 1987. The Summer Management Intern Program is for college juniors, seniors and recent graduates (1987) who are interested in a summer internship in New York City government. Interns work full-time in city agencies from June to mid-Au- gust, attend seminars on a biweekly basis, and receive $2,000 for the 10-week internship. Students must have a permanent home address in New York City to be eligible for this program. The deadline for application submission is February 1, 1987. Interested students can find applications and additional incontinued on page 14 �The Boy Mechanic by Kevin O'Shaughnessy Christmas Gifts from the Boy Mechanic I generally despise sappy traditions. But everyone is allowed to get sappy and traditional around'the Christmas season, even Boy the Mechanic. So once again the Boy Mechanic is showering the Law School and beyond with yuletide offerings. Sharon J. Fine: A Shopping spree down Maple Road. What better way to purchase Lee press-on nails (regular and glamour length), semi-automatic blow drier(ready for the sandiest beaches and the deepest woods), a Joan Collins make-up kit (to help create the "real" you), and all the other fashion accessories that are vital to a substantive way of life. To all law students aspiring to become members of the "Lum- berjack Elite": A-flannel shirt, a package of Red Man Chewing Tobacco, a case of Iron City Beer, and a copy of the lumberjack anthem: "Why don't we get drunk and screw?" by Jimmy Buffet. George Villegas: A new fedora, a bigger ring, and more territory My humblest respects Godfather. Visiting Professor David Fraser: An apple pie, an American flag, an album of John Phillip Sousa marches, and a Bruce Springsteen "Born in the U.S.A." sweatshirt. Dave Gugerty: Met season tickets for you, "Earl," and the rest of the subway fans. Lets make the fur coated, preppy, fake fans watch from the subway platform, that way theywill be sure to beat the traffic. S.A. President Paul Verdolino: A job at the King Edward Hotel so he can take his ecdysiastic tendencies to a ... more appreciative audience. A word of caution Paul: You are going to have to take off more than your shirt. Parking Protester Sue Clerc: Several bulldozers, five loads of gravel and an unlimited supply of asphalt. You can place parking lots all over the campus tundra. Howabout paving over the fifth floor of Capen His hair is the same color as asphalt anyway. Provost William "Wild Bill" Greiner: A hearing aid so he might listen to students and eye glasses so he might see the problems his administrative policies have created. He will have to see the Wizard of Oz about a heart though. John Lapiana: A job as a used car salesman at Dan Creed'sold lot. Check McKinney's for the New YorkState "LemonLaw." The creators of L.A. Law: A . character that doesn't wear a $500 suit. How about a sleazy personal injury attorney with a fondness for green plaid sport coats and white leather shoes. And do something about Laurie Partridge's (actress Susan Dey) "blond" hair. Tom Sartoga: One free hair styling at Salon Dube and a road map to help find your way to theAmherst Campus. Pick up you mail; people are beginning to talk. SBA President Brett Gilbert: A bullhorn for your frustrating meetings with Steve Sample. Tell him we need parking lots for football games ... it seems to be his only interest. Dave Todaro: The leading role in the upcoming Disney Professor Fred Konefsky: My vote for the "Little Richard" hair d Can you sing "Tutti 0... Frutti?" Dean J.H. Associate Schlegel: A guest spot on L.A. Law Do you own any green plaid sport coats? White leather shoes? The bow ties would be ... ... a nice touch it works for Orville Redenbacher. Dean Wade J. Newhouse: A monogrammed, portable podium so he won't have to lecture from a chair. . Thanks for the apology about .. the Insurance Law/Future Interests Conflict. that has to bean administration first. If you won't take the Dean's job forever, how about Grand Exalted Poobah of the Law sequel to "The Shaggy D.A." called "The Scruffy P.D.". Don't they might ever shave dude figure out who you really are! SBA Briefs School? by Brett Gilbert Parking, Law Library, N. Y. Practice Woes Things have been rather uneventful around the SBA lately: Students have begun to assume their responsibilities on Law School committees, with some of them trying to actively engage faculty members in discussions about various problems. However, there have been a few things going on that you probably should know about, so here it goes. PARKING. Well, my memo to faculty members asking them to join us in our attempts to have the voices of the entire University community heard within the walls of Capen Hall has failed miserably. Only two professors (Isabel Marcus and Victor Thuronyi) showed us their support by signing the let- ter I drafted to Vice President Doty. That's about 4 percent. Not good, not good at all. I think we lost this one folks. If we can't get the Buffalo Modelettes to join us, there's no hope for the rest of the University. The longer those restricted parking lot signs stay up, the more impossible it is going to be to get them down. I know I sound like a defeatist, but, let's face it: If most of us are not willing to take a more vocal or active stand on this issue, Capen Hall will walk all over us. All we can do now is to find loopholes in the tickets they give us. Anyone who gets a ticket should go to the undergrad Student Association to find out how to fight it. I hear they are quite clever. NEW YORK PRACTICE. It appears that the Law School administration is going to turn New York Practice away from its current focus on research and writing and towards a four hour exam at the end of the semester. I think this would be a terrible mistake; a mistake which may take effect next semester. First year students have Research and Writing classes; second year folks have Moot Court; and us third year vagabonds have New York Practice. One research and writing experience a year is not an unreasonable request. I urge all of you who are opposed to this proposal to make your feelings clear to Dean Newhouse. If he doesn't hear anything, he'll think we don't care one way or the other. Also make your thoughts known to Diane Dean, John Bonazzi, John Williams and Diana Harris, the four students on the Policy and Program Committee. Do it now! Carol COMMENCEMENT. Tina Fitzsimmons and Simpson, chairwomen of the Commencement Committee, informed me of the results of very shortly. LAW LIBRARY. The under- graduate library is about to lose 200 study spaces when the new undergraduate college takes over a significant area of its space. The Law Library staff is seriously concerned that these 200 students are going to find their way into our library. The Law Library has only 501 seats (including the couches near the bathrooms, and probably including the toilets themselves). This is just barely over the minimum number of seats required for ABA accreditation the commencement speaker election. The top four contenders are: 1. David Letterman, 2. Mario Cuomo, 3. Judge Wachtler, and 4. Mark Russell. Carol and Tina will be sending out invitation letters to these people of the Law School. What should we do? Restrict library admittance during exam periods? a mtin tied i vipage 1 5 SBA Minutes: Moot Court, LANALSA and ILS (Editor's note: The following is a text of the SBA minutes from a regular meeting on Wednesday, November 12.) by Karen Buckley I. New Business By-Law 13 Compliance — — Moot Court Debbie Kennedy spoke on what the Moot Court Board is doing. The Desmond is currently in progress, which judges on the basis of written and oral advocacy. They also send members to competitions against other schools. At the end of the Desmond they host a banquet for the particip- ants. The Alumni Association donates money to help offset the cost. In the spring, the Moot Court Board hosts the Mugel Tax Competition, which attracts participants from all over the country. This year, for the first time, the competition will be held downtown. International Law Society Larry Lane spoke about the in- — ternal organizational problems that have beset ILS in the past, however there are a group of students who are very enthusiastic about bringing some vitality back to the group. They will be involved in the Jessup International Moot Court Competition. Additionally they would like to organize a symposium on problems facing third world nations for next " semester. Latin Asian and Native Amer- ican Law Students Association (LANALSA) Sam Rodriguez came and updated the Board on what his group has been up to. Currently, they are in the planning stages of the High School — Outreach Program. They are establishing contacts and build- ing support in the schools before they actually go in and meet with students. LANALSA helped sponsor Dan Ibarrando's trip to an international law conference in NYC. They will be co-sponsoring with NLG a presentation on labor law in tered around the need for rules vs. the needforflexibility. While it was agreed that great candidates were chosen for all the positions, there was some concern that lack of rules could be used malevolently in thefuture. However, as Brett pointed out, rules can also be used to defeat noble ends. It was decided to table the discussion until a later date, and to ask the Board to give constructive criticism to Ray so he can amend the rules to accommodate people's views before a vote is taken. Central America. Finally, they are hoping to organize a symposium on "Hispanics and the Law." 11. Old Business — Committee Appointment Rules: Ray presented his proposals for rules to govern the appointments process. The debate cen- \\\ "IREASONABLEMAN I::::::::::!:::/ M (f ,([({%, WT,,,BUT >*<\\\ )/ W\l // ft %&) \\\ WHAT IF / / TAD IS IN MASTER AND \ V" SLAVE E *»! X m /\/V T^nQin :::: '• :::: h:: 1:":il\i I , n* \\ \\ 1 wait! UoiP everything HI AI W JVI // ; I// M right with phidb. 1/ I \ y^~"—■*X S M INTERRUPT THIS COMIC STRIP FOR A SPECIAL ANNOUNCeMtHT! X YOU MAY KNOV, SCADS OF NAYS/WING NITPICKERS UAV£ Bee*/ SECOND GUESSING WE PRESfDENT'S DRU6-TESTIN6 INITlATtve. NOW YOU C*N LET '£M KNO\AI MB** YOU. stand! W£AZ we button at u(ilNB ,s / I I 1 CF m ° A f *><*» Or fye *>*>Qr q. \ \1 r I I , \V J >S^_^/ r Rcmneen* we UFEBLDOf> y * eA ■ ' N A OWST** Ton °* December 3,1986 The Opinion ' ■ 9 �Spanogle Part of UNCITRAL Working Group Ever try to cash a personal check where you are unknown, particularly in a state other than your own or in a foreign coun- try? You may have been told, for instance, that your New York driver's license, as a means of identification, is meaningless in Florida. If it's any consolation, individuals, corporations and even governments involved in international trade are plagued with similar problems. Striving to resolve such issues on the international level is a team of experts from 36 of the world's nearly 200 nations. They are putting together a treaty proposal on "negotiable instruments." One of the U.S. negotiators is John A. Spanogle Jr., a member of the UB Law School faculty. Spanogle has served as a consultant to the U.S. State Department since 1982and, in that role, serves as a U.S. delegate to the United Nations Commission on International Trade Law (UNCITRAL). Spanogle was chief of the U.S. delegation at UNCITRAL's most recent working group meetings in Vienna during 1985, and has been designated to serve in the same role at the next UNCITRAL Working Group meeting, scheduled for January 5-16, also in Vienna. Spanogle, a UB law professor since 1974, is no stranger to in- sales of goods. This set of rules, or convention, has been approved by the U.S. Senate for ratification, and President ternational affairs. soon. Once adopted by UNCITRAL, the convention on payment and credit instruments will be made available to all nations to ratify. Any nation also has the right to shun the rules by refusing to ratify the convention. Of the 36 nations that make up the membership of UNCITRAL, five are permanent memUnited States, bers the United Kingdom, Soviet Union, France and the People's Republic of China. The other 31 nations are selected as "regional He has traveled to China twice inrecent years as a visiting scholar, once as a lecturer at Beijing College of Economics under terms of a ÜB-Beijing exchange agreement and once as an invited lecturer at the Law School of the University of Beijing. He also served in 1981 as an agricultural development consultant in Cairo, Egypt. UNCITRAL, as explained by Spanogle, has been striving since 1969 to develop a treaty, or convention, to establish uniform rules for negotiable instruments that provide for payments and credit in global trading. Spanogle believes that the proposed rules now in hand will be approved by UNCITRAL at its plenary meeting in Vienna July 20-August 15, with final details being ironed out before hand at the January working group meeting in Vienna. , The convention on payment and credit instruments, when approved, will supplement a previously developed UNCITRAL convention that provides uniform rules on international Reagan is expected to sign it — members." Spanogle views UNCITRAL as "totally unlike the U.N. General Assembly or Security Council." "There is almost no political dialogue," he noted. There are many instances, he added, of Soviet delegates supporting U.S. proposals and vice versa. The UNCITRAL codes creating international law standards for both sales and payment instruments in world trade are somewhat akin, Spanogle noted, to this country's Uniform Commercial Code, adopted in the 1960s by 49 of the 50 states. The code was ratified by all states except Louisiana, which still is a holdout. Ratification of the UNCITRAL convention on international payment and credit instruments will, in essence, give all participating parties, "understandable legal protection," Spanogle said. However, the rules would not apply to domestic transactions within a given nation. Basically involved in foreign trade are such negotiable instruments as promissory notes, for borrowing, and bank drafts, which accompany bills of lading in letter-of-credit transactions. Checks, which one might use for domestic or even foreign purchases, are excluded in the proposed convention. Spanogle disclosed that his own proposal to inject variable interest rates into the writing of international negotiable instruments has been adopted as part of the UNCITRAL package. At first, he reported, some Third World nations objected to the concept of variable rate notes, but later accepted the plan when assured that such notes would be subject to two controls or limitations. One control is that the index rate must be publicly disclosed or available at all times. The other is that the index rate cannot be under the control of any of the original parties to the negotiable instrument involved. Spanogle noted that similar consumer protection conditions have been applied to variable rate notes in some domestic as transactions, such mortgage loans. A 1960 graduate of the University of Chicago Law School, Spanogle has been admitted to practice in Tennessee, California, the District of Columbia and Maine. His writings include co-authorship of International Busi- ness Transactions: A Problem Oriented Casebook, published last year by West Publishing Co. The co-authors are Ralph H. Folson, San Diego University, and Michael W. Gordon, University of Florida. Spanogle currently teaches courses in secured transactions, commercial paper, international business transactions, consumer lawand regulation of financial institutions. If Spanogle has his way, welldefined negotiable instruments will become a symbol of trust in world trade. More Changes in Registration and BillingPolicies by Kathy Peterangelo Johnson As you know, the University has implemented a new billing procedure which will go into effect beginning this Spring semester. In essence, the new procedures require students to pay their bills prior to the first day of classes. The reason for this change has been pressure from Albany to improve the fi- nancial situation of the SUNY system operations. There are two aspects with respect to this change which are worth discussionand clarification. The first concerns the immediate effects on registration and billing for next semester. As you should know by now, all outstanding bills with the Office of Student Accounts for the Fall 1986 semester had to be paid by Friday, November 21 or you were precluded from registering from classes. Even if you submitted registration materials to A&R, your registration could not be processed if Student Accounts had placed a "check stop" on your account. So, if you had a balance due on your Fall account, your registration did not go through the computer unless arrangements were made with Student Ac- counts, either through me. or directly For those of you who did register, your bill for the Spring 1987semester will be mailed on Friday, December 19. This bill is due by Friday, January 20, 1987. Any bills unpaid by this date will incur a $20 late fine. If you did not preregister for whatever reason, your first bill will not only have $20 late fee attached, but also, a $20 late registration fee. The other aspect to the new billing procedures worth discussing pertains to some of the ambiguities left after reading the memorandum from John Karrer, Director of Student Accounts, a copy of which was sent to all of you from Marjorie Girth. I've received many questions about the memo and hope that this information will clear things up. The Karrer memo stated that "Deferred payment is no longer extended to students pending Professor Birzon Elected to the Board of Governors association for law family cialists. Professor Birzon Admission to spethe Academy is by invitation to attorneys practicing more than ten years who devote at least 75 percent of their practice to family lav*. The members from 44 states, not including Canada, must have demonstrated expertise in the field and must pass an examination as conditions of admission. Paul I. Birzon, a well-known matrimonial law specialist, has annual membership meeting on Friday, November 7 in served on the Board of Managers on the New York chapter Chicago, Illinois, and Paul I. Bir zon was elected to the Board of and served as vice-president. He is a frequent lecturer and auGovernors of the American Academy of Matrimonial thor on various aspects of matLawyers. rimonial law, and is a part-time The Academy, founded in associate professor of evidence 1963, is a national professional atUB. The Opinion December 3, 1986 The American Academy of Matrimonial Lawyers held its 10 reimbursement from a third party. All accounts must be paid upon receipt of 'the account statement." This does NOT mean that all deferments are no longer available. The memorandum is addressing persons who receive funding through a third party other than the federal and state financial aid programs or through the schoo), Fpr example, if your bill is paid for through OVR or an employer, the Office of Student Accounts will no longer defer payment of your bill until these sources come through with the bucks. In the past, many sponsoring organizations have held off payment until they received notice that the student had passed all the courses billedfor. Student Accounts would defer payment until that time for these students. That's no longer the case. If your bill will be paid by a third party next I semester, the bill must be paid by Friday, January 2 or you will be charged a late fee. If you are in this category, please see me so that I can give you more details. As for the rest of you, I will be able to continue to defer late payment fees for students whose bills remain unpaid due to various delays in the processing of your financial aid. Please note, however, that my ability to do this is restricted by when you first submitted the appropriate forms and whether or not delays in processing of financial aid were at least in part attributed to your failure to apply on time, file the FAF, or through your submission of an incorrect or incomplete application. Also, under the new billing procedures, students who receive tuition waivers (GA's, TA's, EOP's, etc.) must file for TAP within the first two weeks of the semester. If a TAP award is not on file by the end of the semester, you will be held liable for an assumed maximum TAP award of $600. By now, all of you who receive tuition waivers should have filed for TAP, but keep this in mind for next year. By the way, for those of you who will be receiving tuition waivers in Spring 1987, you must file a new Tuition Waiver application with me no later than Monday, December 8. I hope this helps to clarify some of the questions you may have regarding the new billing procedures. If not, see me. Most of all, remember thatthe major effect of the new procedure is to require advance payment of your bill. The best way to avoid problems is to apply as early as possible for loans and for TAP. Lastly, remember that your Spring 1987 bill must be paid by January 2, 1987 to avoid a late charge. FEDERALIST INITIATIVE \W CANNED m I FOOpj>RIVE^I i NOV. 24-DEC. 5 I m a J ■ , : to benefit the BUFFALO CITY MISSION drop-offboxes in MAILROOM & 505 O'BRIAN HALL a b I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiininiiiiiiiiiimiiiiiw �The Key to a Public Interest Job: a Creative Spirit, a Sense of Adventure, and Organization by Diane Dean Very few public interest employers come to you and ask you to interview with them for either a summer job or a permanent one! But just because they don't come knocking, doesn't mean there aren't PLENTY of public interest employers who will hire you, and, yes, even adequately pay you to work for them. It is not unheard of for students (even first year students) to receive $200-250 a week during the summer. Nor is it unlikely that you can receive a $20,000 job after you graduate. The key to finding a public interest job, though, comes from your own creative spirit, willingness to be advenand an turous, organized search. The best place to start is to decide where you want to work. Finding a public interest job in New York City, Washington, D.C., Chicago, Boston or San Francisco gives you the best chance of getting exposure to exciting legal issues and a good salary. But other cities may surprise you (it's been said that Rochester Public Defenders are the highest paid in the universe). If the world is your next employer, narrow your focus by deciding what type of work you want to do. There are books with the name of human rights organizations, public interest law firms, women's advocates, district attorney's offices, and county attorney offices at CDO. Gear your resume and cover letter to catch the eye of the type of employer you want to work for. Some of you have told me that you don't know what you want to do. If you are a first or second year student, use the summers to help you decide. If you are a third year student, take some time over the upcoming semester break to reflect on why you came to law school and what you have enjoyed most during law school. Employers detect ambivalence. For public interest employers who usually base most of their hiring decisions on commitment to public interest advocacy, your ambivalence about where you want to work may seem to them ambivalence about working in public interest law. Focusing your energy on a few jobs that you really want pays off. I have seen many students who get THE job they want. That's because you work harder at getting THE job you want. Employers detect enthusiasm, too. First andSecond YearStudents It may seem to you now that you'll never get a summer job (especially one that pays). But take heart in the fact that it's much easier to get a summer job than it is to get a permanent one. My first suggestion, mentioned earlier, is to look at your summers as a way to explore what you want to do and where you want to live. You often have a better chance of getting an exciting job if you're willing to live in Idaho (representing farmers facing foreclosure) or Mobile (where the Southern Poverty Law project is located) than sitting securely in a Northeastern city. Use your semester break to employment pos- explore sibilities for next summer. Look in CDO for the following: 7986 Public Interest Job Survey, Harvard Pro Bono Questionnaires (a misnomer to me, since this book lists many paying positions, not only pro bono work), and a copy of the Harvard Public Interest Law Directory. Also, look for announcements on the National Lawyers Guild Summer Projects, The Law Students Civil Rights Research Council internships (LSCRRC), see sidebar, and The NewYorkPublic Interest Symposium. While first year students are Diane Dean often not eligible for many positions, that isn't always the case. All things being equal, people with work experience will have an advantage over people without it. Employers know that they can depend on people with experience to come to work, to get the job done on time, and to act responsibly in a professional setting. People who have not worked full-time nor held jobs with responsibility, on the other hand, have to 'pay their dues' one way or another. It may be in theform of taking an unpaid position your first summer or living in Idaho for ten weeks. There are many work/study positions available here in Buffalo, for those of you who are independent from your parents and need something to live on. My advice to you is to live on the meager pay work/study offers while you live in a city such as Buffalo which offers lots of free activities and the cheapest rental costs this side of the Mississippi. Once you have spent a summer 'paying your dues', you will not only have legal work experience on your resume, you'll have some lawyers to ask for advice about where you should look next. That's my advice to second year students on where to call begin their job search your previous employer. Not only does he or she know other — lawyers, your previous supervisor also knows your strengths and weaknesses as a law clerk. For instance, he or she may suggest that you lookforan employer who can give you more client contact, or courtroom experience, to let you structure your outgoing nature into a legal forum. For first year students who are wondering what you can do with what you're learning this year, here are some sugges- tions. Public interest tort take plaintiff cases. Small firms use any money won on tort liability cases to offset the costs of doing pro bono work. While most small firms take tort cases, public interest lawfirms only take plaintiff-side tort cases. Constitutional litigators, such as The Center for Constitutional Rights in New York City argue appeals in federal court. Look for an office's specialties in civil rights, discrimination, prisoners' rights and other consitutional questions, to apply what you've learned in Constitutional Law. Contract lawyers, in the public interest world, usually work with small businesspeople in a public interest law firm. While purists may say that working with any type ofbusiness is not public interest work: I disagree. Given the sweeping power of multi-national corporations, who seem to be wiping out small businesses, advocating for a decentralized economy, to me, is in the public interest. Criminal Law, of course, gives you some idea of the issues facing District Attorneys, Public Defenders, and Prisoners' Rights Advocates. lawyers Third Year Students It's true there are far fewer full-time public interest job openings than summer positions. Here are some other facts about public interest employ- — ment: — Public interest employers don't come to campus to interview you (except for a small number, like the New York City D.A.s, Legal Aid, and some federal government offices). Most public interest jobs only come along when there are openings. Public interest jobs are often not filled until the end of spring semester. (The Executive Director of the New YorkCivil Liberties Union got his first job in Atlanta the day before classes ended his third year of law school. That job allowed him to represent people who eventually became major figures in the — — civil rights movement). Public interest job payscales look something like this: government positions ($22-35,000), private public interest law — firms, public defenders, district attorneys, judicial clerkships ($2O-30,000), Legal Services, Teaching Fellowships ($l2- -20,000). — Public interest employers want people dedicated to public interest law. (One extreme of this is the Center for Constitutional Rights which does not interview anyone who has ever worked at a law firm). Public interest employees are given more work responsibility more quickly than most private firms. (Most public defenders start with a caseload of 200 and often do their first trial withip the first month on the job). 3.6 percent of all law graduates work in public interest positions: 6.8 percent of all ÜBgraduates worked in public interest jobs last year. You will get the job you really want. — — — Over the semester break spend a long time writing a cover letter to each "type" of employer you would consider working for. Write one for legal services, one for a private pub- lic interest law firm, one for government offices. Prepare your resume like you've never prepared it before this coming semester is THE semester to secure a public interest jobl Decide, as best you can, where you want to live, what type of office you want to work in, what type of work you want to do 40 hours a week, and how much you can afford to live on. — Be generous with yourself about the pay. That first job is always the hardest to get. Once you're in the network, the second and third jobs almost come to you. Taking a lower-paying job in a less exciting city makes you a bettercandidate next year for a higher paying job in a very exciting city. Word has it that once you are an "experienced attorney," you compete with only 6 candidates instead of the 50-100 people you're up against now. Next semester, look for judicial clerkships with lower courts, such as Magistrate and Bankruptcy, more teaching fel- lowships, and legal services jobs. Audrey says that only about 30 percent of all graduates have jobs on graduation day. You'll have a much better chance of being one of that 30 percent if you take the initiative and be assertive about seeking out the employer you want to work for. CDO has binders, books, and announcements to help you get started. **ln the next issue: "A Key to the New York Public Interest Symposium" LSCRRC Funding by Diana Dean The Law Students Civil Rights Research Council is accepting applications for its summer internship program. Better known as "LSCRRC" (lis-crick), the group will fund law students who work in public interest jobs next summer. LSCRRC began in the 60's as a way to fund students to work in the Civil Rights Movement. It has since expanded to include all forms of public interest law, paying $2,000 for ten weeks. Employers contribute half of that sum. You can either locate your own employer to participate, or accept a position LSCRRC offers. You have a better chance of receiving an internship if you fill an existing LSCRRC internship or if you plan to live in New York City for the summer. The steps for the application process are as follows: 1) Pick up a resume at CDO. Deadline is December 23. 2) Find an employer you want to work with, if you cannot accept a LSCRRC assigned posi- tion. 3) Call that employer and tell them about LSCRRC and that you want to work at their office. If they agree to pay half of the summer stipend, i.e., $1,000, then include that employer on your application. 4) Sign up outside CDO for the peer interviews at the be- ginning of next semester. (Everyone is interviewed). 5) You'll hear about your acceptance and funding by May 9, 1987. 6) Don't stop looking for a job in the interim! While LSCRRC funds many position, its budget has been cut in the past few years. Many UB law students have held LSCRRC summer positions. It's an excellent opportu- nity to work in public interest. More information on the program is available at CDO. BPILP Courses by Idelle Abrams The Buffalo Public Interest Law Program (BPILP), now in its eighth year, has two main goals. The group first wants to promote public interest as a career option and, secondly, wants to create a social network of people interested in careers in the public sector. BPILP has recently announced this year's "Registry Pro- gram" which, beginning next semester, will hook up students with public interest agencies for short term projects. These projects may require anywhere from five to forty hours of work to complete. The program provides a unique opportunity to try out what it is like to work in a public interest agency. "It's also a great way to make connections for summer jobs, especially for first years," explained Michael Kulla, president of BPILP. "It gives you experience and contacts out in the field." Among its other activities this year, BPILP, in conjunction with the Career Development Office, offered a series of discussions with students who worked in public interest jobs last sum- mer. This year the panels focused on labor law, environmental law, legal services, and criminal law. BPILP also sponsors a summer internship program which funds several student positions public interest agencies. "The biggest and best thing we can do," asserted Kulla, "is to at get people actually working in the field." Last year BPILP funded two positions. One student worked with the Farmworkers Legal Services in Rochester. The other student was with the Client Advocacy Program in Buffalo, a group that focuses on the legal issues that arise in the mental health area. The group also sponsors many social events, which, Kulla hopes, will lead to the development of a social network for support and contacts among people who are interested in the public sector. BPILP is also a charter member of the National Association of Public Interest Law Groups which is trying to build a network on a national scale to provide jobs and support for people interested in public sector careers. December 3, 1986 The Opinion 11 �IT'S NOT TOO LATE TO SWITCH ID PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 12 The Opinion December 3, 1986 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Administrative Restructuring Declared by Newhouse (Editor's note: The following is the text of a memorandum distributed to Law School faculty and staff on Wednesday, November 12 concerning the ongoing administration reorganization.) by Wade Newhouse One of the major responsibilities I was asked to undertake when I agreed to serve as Dean during this transition period, was to review the administration structure of the Law School which has evolved overthe years since UB became a state institution, and initiate some reallocation of duties and reorganization where that might improve our effectiveness, especially in dealing with new developments in state budget planning and new technology. Such a reexamination and reorganization, where necessary, is a necessary precondition to needed added resources where such additions can be justified. As a step in the process of reviewing the organization of the administrative structure of the Law School, I am making the following changes which are now in effect. Over the last 20 years, since UB became a state institution, as the school went through a period of rapid growth a number of functions and responsibilities came to rest on Charlie Wallin's desk. Charlie came to the Law School when Bill Hawkland was dean, when the staff was much smaller and growth and complexity was just beginning. Those functions for which Charlie was responsible continued to expand under the impact of the growth of the Law School and university. Budget planning and control have become increasingly de- manding. Charlie came to the Law School from the budget office and his special expertise is in the broad range of budget and personnel matters. It is time to focus Charlie's responsibilities on budget operations and planning, along with closely related functions, in order to ensure that he has the time necessary to devote to those functions. Therefore, as the first step in reorganization, the following allocation of responsibilities is now in effect. Additional adjustments and clarifications will be made during the course of this academic year. Assistant Dean for Budget and Operations. This position is held by Charles Wallin. The responsibilities of this position in- The examination schedule for the Spring Semester 1987 will not become final and published until after enrollment is completed. This timing is necessary in order to know which courses enroll a large number of third year students. Complaints concerning the fall examinationschedule are to some extent misplaced. We inherited the parameters for this semester's overall schedule, which was established last spring. At that time, a decision the affairs of the school. with assistance from the Associate Dean responsible for student matters (presently Marjorie Girth), for student affairs, including commence- 4) Responsible, Program. This position is held by Aundra Newell. The responsibilities of this position include: 1) Responsible to the Dean for the management of the Admissions process, working with the Chair of the Faculty Admissions Committee. (Of ments and working with student organizations to promote student activities. From time to time, during the coming months, there will be course, during the transition period over the next few months, Charlie Wallin will assist Aundra by passing along his knowledge and understanding of how the ad- further definition and clarification of the scope of this position, as we review the admissions process and the increased use of computers for all administrative functions. missions process has been clude: 1) Responsible to \pe Dean in managing the state budget the coordinating and budgets from nonstate funds. Responsible for assisting the Dean in planning future budgets and in analyzing spending and factors influencing spending. 2) Responsible for student fi- nancial aid administration. 3) Responsible to the Dean and Associate Dean responsible for student matters (presently Marjorie Girth) for creation ofclass and examination schedules, and for scheduling the use of classrooms and other facilities within the control of the law school. 4) Responsible to the Dean for reporting on the state of the facilities and on maintenance needs, and responsible for the operation of the facilities to the extent they are within the control of the Law School. From time to time, during the coming months, there will be further definition and clarification of the scope of this position, as we bring together budget, personnel and financial matters. Memo on Exams (Editor's note: The following is the text of a memorandum distributed to law students on Wednesday, November 12 concerning the spring examination schedule.) by Wade Newhouse and Mar jorie Girth Assistant Dean for Admissions, Student Affairs and Special conducted in the past.) 2) Responsible for the overall recruitment program. 3) Responsiblefortheadministrative aspects of the Legal Methods program, working closely with the Faculty Committee on Special Programs. It is important that The Registrar. This position is held by Helen Crosby. She will now report to the Associate Dean responsible for student matters (presently Marjorie Girth) with respect to academic records, and to the Assistant Dean for Admissions with respect to admissions and enrollment matters. responsibility for minority students and the Special Program should not be isolated from the general operation of admissions and stu- **** Marie McLeod will continue to work as an integral part of the admissions process and provide secretarial assistance dent affairs, but should be seen as an integral part of be reexamined during the next few months, as we do more detailed planning with respect to the computer operation and secretarial assistance for administrators and consider the addition of personnel to the third floor. Anna Maria Nikander joined the secretarial staff on Thursday, November 13. She is located in room 317 and provides secretarial assistance for Associate Dean Girth, Associate Dean Schlegel, Associate Dean Carrel and Assistant Dean Newell. (For the time being, Marie McLeod will also be available to assist Aundra Newell.) The faculty who, most recently, were assigned to Maria Calamita (Professors Carr and Ewing) will be reassigned in the secretarial pool for the faculty. Rita Thomson, who is paid from nonstate funds, will continue to be available on a parttime basis to provide assistance to Cleo. Publish Your Seminar Paper We are looking for well-writresearched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Last year we were able to publish about one-fifth of the material we received. The authors of those papers we do publish will have an opportunity to revise their articles while working closely with the editorial staff of the magazine. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. All manuscripts for sub- In the Public Interest, a collectively-published review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. The magazine has been in existence for six years and is distributed to law libraries, public interest law firms and organiza- ten and tions all over the country. Our main source of material has generally been seminar papers by law students, but we are also interested in receiving work by faculty members and law practitioners as well as writing from the perspectives of other disciplines. was made to begin classes one week later than usual because Labor Day occurred on September 1. The inevitable consequence of that decision was that examinations would also end one week later than usual. Under the normal course of events, the fall semester would begin at least a week before Labor Day and the exam schedule would obviously end several days earlier in December. However, if students feel so strongly about the ending date of the fall semester examinations, they should make their feelings known through the SBA and that would be taken into consideration in establishing the fall semester schedule in the fu- for CharlesWallin. (For the time being, she will continue to be available to assist Aundra Newell, as noted below.) The scope of her position will also 2 >flj r/Uff/Uy mission must be received no later than January 15th, 1987. To insure anonymity, your manuscript should be labeled with Social Security number only and placed, along with a sealed envelope with your social security number on the outside and your name, box number and phone number on the inside,in the Centerfor Public Interest Law box in the third floor mailroom or the envelope outside our office in Room 118. For more information about publication or if you are interested in working on the editing and publication of the magazine, contact Sara Nichols or Molly Dwyer, co-editors-inchief. QUALITY & SERVICE GUARANTEED: Niitiiri»H>", your %,ilisl,i< lion is >;u,ii.inlcc(l Also il ilic joh is ! I'M' linu ' lls Ik-si id i-iill iilifiul Xi iissurc- lli.il sonu-onr will Yj ifrnt/fni ■ B c a WORD: \ \ ————— 5-—? \£ffi HI < l>oti'l l<l inn iuklrcss fool you. We're only iipproximiilely il mini lies from Ihe Ami \< isi rumpus. oiivenieiilly lo< .n<-<l OTHER SERVICES AVAILABLE: I—j 41 i Sevtnth Avenue, Sidle 62 New York. New York 10001 (2U)W*-?696 (201)623-5365 CONVENIENT LOCATION: G/fUff/nk A TYPESTYLES AVAILABLE: Byj tff/nfln ture. frMff/Wt/j Ho TK/f/Hi %62 *il/7fil//f {/fnMf/Mi fZfflffift aa BBMBBBHHHBBBBHeBBiIBMB kU ie.isoii.ihle prices. I'lNli KIUGE GRAPHICS. December 3.1986 The Opinion f/HU/ni 13 �Library Crowding . Sizeland remarked that current seating in the library "barely meets ABA accreditation standards" and overcrowded library facilities "won't do much for us in the future" with either the ABA or the Gourman Report. The Law School recently plummeted from 17 to 39 in the report. One plan to assure law students room in the library is to increase the number of reserved seats during exams to 150. This would involve "making new spaces on the fourth and sixth floors," said Sizeland, because there aren't enough closed carrels now. Although the Library Committee is concerned that under- graduates seeking quiet places to study will be "displacing people who need to use the resources that are only in the Law Library," said Gibson, the Library Committee is reluctant to begin restricted access. UB is a state university and its service are supposed to be open to all. Sizeland says that the committee has "moral difficulties with restricting public facilites." Ethics aside, it would cost "$4OO-500" to hire staff to enforce restrictions against continued from page I people who don't need the library for law-related study. Any restriction on library use would also require approval by the University administration. The Student Bar Association, however, would endorse restricted access for class lines often hold a greater bond than the race and ethnic divisions that people are artificially setting up for us." In addition to networking, Professor Marcus emphasized the need for women and other minorities to become more vocal in the classroom. "I believe that faculty who are con- cerned about issues of racism and sexism in law schools do need the support of students in the class because there is a point at which, although one is in a position of authority, your position is much more tenuous in terms of your credibility with students." Donna Humphrey addressed the question of whether employers seeking to hire women look at the applicant as a person of color, or simply as a woman. White women, she said, are more likely to get job offers from private firms than a Black woman would "because they do not see me as a woman but exam Dear Vice President Wagner: periods if it became necessary because non-law students were crowding out law students. While noting that cost has always been an obstacle to the idea, SBA President Brett Gilbert also said that "there has always been a call to restrict" the library because "there's barely enough room for law students." Gilbert said he thinks the administration would be "more receptive" now due to the UGL takeover. I am a student who is concerned about the current shortage of library seating on this campus. I urge you not to make the situation worse by taking 200 study spaces located in the Undergraduate Library for use by administrators of the Undergraduate College. Restriction will not be necessary if the UGC proposal is turned down. The SBA sent "a strongly-worded letter" to Vice President for University Services Robert J. Wagner objecting to the use of UGL for office space. Gilbert will also try to meet with Wagner and emphasize the negative effect it would have on the Law School. Wagner will make a decision on the UGC plan December 5. Law Day begin to appreciate that this is not just a racial or ethnic kind of a situation. We are dealing in a.class struggle, and those Mr. Robert J. Wagner Vice President for University Services 520 Capen Hall as a minority person ... so my ability to grow in this field would be hampered first by the color of my skin." The first afternoon panel addressed the issue of affirmative action. The way you demonstrate a real commitment to a policy ofaffirmative action, said Carty-Bennia, is simply by hiring women and minorities. specifically, More she suggested that law school ad- ministrators should begin to talk with employers about the employment needs of women and minorities. "A law school cannot run an affirmative action program on the admissions level without doing something to insure, on the employment end of it, that there are going to be jobsfor those who get admitted." Similarly, Marcus proposed that women and minority students begin a process of communication with law school administrators about their experiences regarding the employment practices of those employers who interview at the school. Marcus considers this 1 an important step because "it is important not to keep these things private. It is important to make it a kind of public statement." The final panel discussion was on the topic of public sector vs. private sector employment. Assistant District Attorney Jerry McGrier indicated that working in the public sector provides certain advantages that the private sector does not have. "For one, you are given a lotof responsibility when you first get out of law school." This, he said, made him a better lawyer because "I progressed faster than many other people I went to school with who are now in the private sector." Mark Pierce, regional director for the NationalLabor Relations Board, agreed that, unlike the private sector, public service provides more opportunities for personal and professional growth. "From the first year I got this job with the NLRB they had me out there trying cases right away, interacting with other lawyers and forcing me to stand on my own two feet as Vandalism a large population of people other than law students, law faculty and staff that travel through this building and have access at any time," she said. Newell thinks it might be appropriate to increase security in the law school, "and not justbecause of these indicents." Her concern is that "we are so accessible, and additional security on a campus-wide level would be a step in the right direction." However, Newhouse expressed concern about increasing security. "You can't continued from page I post a guard in every hallway," he said. "That in itself would change the environment," as well as create an outpouring of student opposition. There are also the constraints of money and manpower. So far these incidents have been handled on an individual basis as they occur. Both Newell and Newhouse were concerned that publicity about or warnings against such activity would only encourage people to continue to behave in this manner. However, the knowledge that people in the law school are aware of the situation and that people will report such incidents may, in itself, be a deterrent, said Newell. In the long run, it wouldprobably not be possible to get rid of this type of behavior completely. As Newell said, "Whatever people are, they bring to this institution. You'rebound to have some problems like this. There's no way you can eradicate it totally other thanturning it into a police state and no one wants that." The UB Law School Recruit- of the students, faculty and staff of UBLaw School.The Committee is in need of high quality photographs which depict the cruitment efforts. One of the theme, "The Life of a Law Stuareas for development involves dent in Buffalo." Selected the creation of visual aids to photographs will be used in the help promote the Law School various visually-oriented mateto prospective applicants. rials to be developed for the reTo facilitate the creation of cruitment campaign. these visual aids, the commitThe Recruitment Committee tee is soliciting theparticipation encourages everyone to particiThe Opinion December 3,1986 14 in this project. If you are interested in participating, please attend an organizational meeting on Wednesday, December 3, in room 406 O'Brian Hall at 11 a.m. For further information please contact Errol Meidinger, Chairman, in room 529 O'Brian Hall or Aundra Newell, Assistant Dean in room 314 O'Brian Hall. (school) . . lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIH PROFESSIONAL • TYPESETTING p OFFSET • PRINTING E g • FAST SERVICE • COMPETITIVE PRICING [J MANY M • DIFFERENT continued frompage2 early as possible." According to Professor CartyBennia, the private sector has been far less responsive in the area of affirmative action with respect to lawyers. One reason, she said, has to do withtheway in which minority students structure their own courses. "Sometimes the self-selection that goes on with respect to not taking a predominant load of commercial, corporate kinds of courses can only work against us if we want to pursue a career in the private sector." But this problem, she maintained, is closely related to the question of affirmativeaction in legal education itself. "I think that if there was greater diversity, if there were more minority faculty teaching in the commercial law arena, more of us would in fact take more courses in that area. We would probably get turned on to it simply by seeing somebody else who is distinctly on that turf, and who has a prolonged interest in the area of commercial law." Overall, there was one common theme throughout Law Day: to learn to work together for common goals and common objectives, no matter how narrow those goals and objectives might be. E S* TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUMEPRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI ■ _ il IrifKO 3171 Main Street . (Kin S. Ot Wlnmp—l) °' NY ?/?|sjr-p 835-0100 1676 Nia. Falls Blvd. rofoTfcßC? '""*" •"" NY Tonawanda, IrirvJjJpp) Buffa| ""*" 834 7046 liiji!i>ii(iiiiiiiiii;iiiiiiiiii!iiiiiiiiiiiiiiiniiiiiiiiil Recruiting . .fmpages • from or career or chairperson by writing office, (212)233-0489 department plPraoce-gra,m formation ment NYC 220 New Urban Church callYork, at to: Director at their Fellows the St. theirschool NY Rm. 10013 338 pageH formation at their career placement office, the department chairperson at their school, or by writing to: Director NYC Urban Fellows Program 220 Church St. Rm. 338 New York, NY 10013 or call (212)233-0489 - HELP-WANTED Part-Time, Year-Round. Instructors Needed For L.S.A.T. Preparation Course. Candidate Must Possess BA, High Board Scores. Good Communication Skills. STANLEY H. KAPLAN Educational Center Ltd. 837-8022 Recruitment Cmte. to Meet ment Committee is in the process of developing new strategies and materials to aid in re- (signature) pate r \ 41} Seventh Avenue. Mte 62 New York. New York 10001 (212)f94-)696 (201) *25-5J6j * �III Wf W ■ ■ WHEN: Thursday, December 4 9:30 p.m. II 12:30 a.m. WHAT: Beer, Pop, Wings, 2-FOR-l DRINKS . BLike .. - WHERE: THE PIERCE ARROW 422 EVANS STREET ■ ■ J mjv WJ SBA Briefs END-OF-THE SEMESTER PRICE: $4 Admission To Write? Like To Meet People? 1 Like To Take Pictures? I Then We'd Like To Have You On Our Staff Come Work For The Opinion Next Semester II ■ [%l I I | from page y Please seek out the student members of the Library Committee (names on the SBA bulletin board) and tell them what you think. SBA PARTY. An END-OFTHE-SEMESTER Party will be held on Thursday, December 4, from 9 p.m. to ? at The Pierce Arrow. Free beer, wine, soda, and wings all for a nominal admission price. SBA social chairwoman, Robin Miller, worked hard on this one. She's doing a great job! Remember to keep Thursday, December 4 open. Well, that's it for now. Have a Happy Thanksgiving and may Cole and Deitz be with you! llppl)* i^B^^ The Opinion schedule for the 1987 Spring Semester is as follows: ISSUE 27:9 27:10 27:11 27:12 27:13 27:14 27:15 COPY DEADLINE* Tues., Jan. 20 Mon., Feb. 2 Mon., Feb. 16 Mon., Mar. 2 Mon., Mar. 16 Mon., Mar. 30 Mon., Apr. 13 LAYOUT* * Thur., Jan. 22 Thur., Feb. 5 Thur., Feb. 19 Thur., Mar. 5 Thur., Mar. 19 Thur., Apr. 2 Thur., Apr. .16 DATE OF PUBLICATION Wed., Jan. 28 Wed., Feb. I I Wed., Feb. 25 Wed., Mar. 1 I Wed., Mar. 25 Wed., Apr. 8 Tue.,Apr. 29 �Deadline is 12:00 noon. """Layout is in The Opinion office, room 724 O'Brian Hall at 5 p.m. All articles must be typed double-spaced. Submissions can be placed in the in,mil,i envelope outside The Opinion office, room 724 O'Brian Hall, or in mailbox 846. THE STAFF OF THE OPINION WISHES LUCK ON FINALS! teirff IPlfJfri December 3, 1986 The Opinion a 15 �- ■ " S 3rd. Yr. Head Rep. KEVIN COMSTOCK X^Xj^^ 1 *AYa4tA Head Rep: H. TODD BULLARD I Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Platt Rick Resnick 2nd. Yr. Head Rep. BARRY STOPPLER Steve Ricca Cora Alsante* Bob Mcßride** Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Joel Schecter Melanie Collins Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young "please contact these people about then status ''associate reps 16 The Opinion December 3, 1986 VV^* &>>& «tio> ' «^^^^ '^^^^^* sss^^> to inquire � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/243a161fb9c9629059faf70944a77628.pdf 5b90e1a01562c0fa2863e7a7593fad5c PDF Text Text Wade's Warriors to Begin Corporate Venture by Kevin O'Shaughnessy Wade's Warriors, the Law School's all-star intramural basketball team, announced its entrance into the Western New England College School of Law's Twelfth Annual Invitational Basketball Tournament at a press conference in the Dean's office on January 16. The tournament will be held in Springfield, Massachusetts from February 27 until March 1. "We want to build school spirit with Wade's Warriors," declared League Commissioner and Coach, Colonel George "Black Jack" Villegas. The team plans to garner student involvement by selling shares of stock (at one dollar per share) and holding several Wade and George ride again. fund raising parties. The stock, which was signed by Law School Dean Wade Newhouse, will be sold by team members in front of the Law Library. Money raised in excess of necessary expenses will be donated to the National Lawyers Guild's efforts to aid Haven House. It must be noted that Dean Newhouse expressed a fervent desire to avoid personal liability for the corporate basketball venture. When asked by Colonel Villegas to sign the first share of stock, the Dean asked, "Do I really have to sign this?" Insiders feel that the Dean's trepidations will not affect the stock's trading value. Several business periodicals have tagged the stock as one of the hottest investments in 1987. One wag was quoted as saying, "America is going to be Basket- Bullish overWade'sWarriors." Brushing aside questions concerning S.E.C. violations, underworld links and urine testing, Colonel Villegas told the press: "The (Boston) Celtics went public, so can Wade's Warriors!" He also indicated that he had stock commitments "from a substantial number of the faculty." He also mentioned that he tried to organize a women's basketball team but he was unable to spark interest. Several team members were present at the conference and their coach assessed the team's continued on page 2 THE OPINION Volume 27, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 28, 1987 SBA Phone Phiasco Phoments Phuror by Krista Hughes "Billing problems" in ÜB's Telecommunications Office have resulted in the termination of telephone service to all of the Law School's student organizations. The six telephones were turnedoff on December 15 when Telecommunications Manager Frederick S. Wood made good his threat to shut off service if the Student Bar Association failed to pay $6,600 in back- logged equipment charges. According to Wood, the problem was caused in part by a 1984Act by NewYork Governor Mario Cuomo which required all State agencies to purchase, rather than continue to rent, the phones they use (see The Opinion, Feb. 12, 1986; Vol. 26, No. 9). The University had purchased all of its phones and began passing that cost onto the individual users. Michael Day, Supervisor of Telephone Ordering and Accounting for the University, explained that once the State had actually purchased the phones, the telephone company produced no more bills for equipment, and only charged for service. The purchase of telephones by the State "confused and upset" the University's billing system, because without the phone company's equipment charges, the Telecommunications Office was forced to create its own bills in order to cover the cost of buying the phones. ÜB's Telecommunications Office became, in effect, its own telephone billing organization. Day himself began creating the equipment bills in January, 1986 in most cases billing as if quarterly. SBA began receiving old equipment bills on May 19, 1986, with a $298.39 bill covering Juneof 1985. Two days later a bill for $895.17 was received which covered July, August and September of 1985. The equipment bill for October through December of 1985was received on June 9, 1986, and two days later came another bill of almost $900 which covered the first three months of 1986. Former SBA Treasurer Terry Gilbride explained that this sudden deluge of telephone bills created quite a problem forSBA with respect to finances. Initially he had received "a couple of phone bills for equipment" which he was able to pay. However, as the bills rapidly accumulated, it was apparent that payment would be difficult. Money to pay off the unexpected telephone bills of previous years was not included in the current budget. It was also not possible to transfer funds from other budget lines or reserve funds because "[SBA] didn't have that much miscellaneous money lying around." As Gilbride noted, SBA began the year being "budgeted very tightly." CurrentTreasurer Vicki Argento agrees. "There was a big push to give more money necessary result of that would be less "miscellaneous" money. Three student organizations, Peer Tutorial, Asian Law Students Association, and the Yearbook, were funded this year for the first time. The Parents Law Student Association and the Entertainment Law Society were re-funded this year after several years of inactivity. As a consequence, Argento said, money was cut from SBA itself. The telephone budget line was cut by last year's finance committee to $1800, an amount which, according to Argento would be barely sufficient to pay off six months of phone bills. As of Dec. 18, 1986, SBA had sent out a payment totalling $3,584.40 —the sum of the back-logged equipment bills. continuedon page 11 Prof. Katz's Sentence Stayed by Paul W. Kullman A 120-day stay-of-sentence has put UB Law School Professor Al Katz back in the classroom for the remainder of the Spring semester. Katz, a criminal law professor, had been sentenced to 30 days in jail and fined $1,000 on Tuesday, Jan. 20 after having plead guilty to a misdeameanor obscenity charge involving child pornography. Law School Dean Wade Newhouse confirmed the fact that Katz "will teach through the semester" but refused further comment on the matter. When pressed, he would only say the matter was being handled through the University rather than the Law School. University Provost William Greiner, however, would only say that "it's a matter that concerns me and it obviously affects him (Katz) and the students. But I'm not in a position to comment on anything. It's best not at this point in timefor people to go making off-thecuff comments about this matter." Opinion's business manager Melinder Schneider baffled by phone situation. to the student organizations" when the present budget was being formulated, and the Greiner refused to say at what point in time it would be appropriate for him to comment. He also refused to say what, if any, disciplinary action or sanctions might be imposed upon against Katz. Katz, a member of the faculty since 1969, was arrested in his Richmond Avenue home on Tuesday, May 14, 1985 after a year-long investigation by the Buffalo Police Department's one-man Salacious Literature Squad. He was originally charged with a felony for allegedly mailing a sexually explicit photo of a teenage girl sometime between Feb. 9 and Mar. 21,1985. The district attorney's office admitted that Katz, an amateur photographer, had not taken the actual photograph. In pleading guilty to a reduced count on Nov. 26, Katz told State Supreme Court Justice Frederick M. Marshall he was doing so only to avoid the possibility of being convicted on the felony kiddy porn charge. The felony charge carried a possible seven year prison term. Mark J. Mahoney, Katz's attorney and former student, maintained throughout the case that Katz's interest in the so-called "kiddy porn" was purely academic. Mahoney said Katz was "mistakenly" caught in the same net as persons who involve themselves in child pornography for profit. Mahoney had earlier pointed out thatKatz has had articles on pornography published in the Yale Law Journal. Prosecutor William J. Ragan said Katz's last articles in any legal journal were published in 1969. At sentencing, Judge Mar- shall said Katz's claim that he was involved in academic research was "not believable." Judge Marshall also said: "I think it's regrettable you didn't have the guts to stand up here and recognize your problem." Katz, who instituted a civil suit against District Attorney Richard J. Arcara shortly after he was arrested, again told Judge Marshall that he was conducting research and said he did not understand the nature of his prosecution. Attempts to contact Katz at the Law School and at his home for further comment were un- successful. "I don't think he wants to talk to you," said an unidentified person answered the Katz's residence. When asked for Katz's confirmation of this, the same person said, "He's not going to get the phonefrom me" and hung up. phone who at LALSA Out-Reach Program Faculty Candidate . 2 4 ELS Ski Trip 5 Student Aid Cutbacks 9 Phonathon II �continuedfrom page I Wade's Warriors strengths and weaknesses: "We don't have a lot of height, but our players have hands so quick they could steal the shoes off horses running full gallop at Churchill Downs!" A pep rally is scheduled for sometime in February, prior to David Engle's Torts class. Colonel Villegas ended the p<-°*s conference by challenging the Law School faculty to an exhibition game. "It would be worth the price of admission just to see Schlegel in shorts," added the fiesty Colonel. Associate Dean John Henry Schlegel was not present at the press conference and could not be reached for comments or defenses of his rather spindly physique. Player Height Undergraduate College Rick Resnick 511" Alfred SamSpiritos 64" Univ. of Pennsylvania Thomas Ware 64" Tuskegee Institute JoelSchecter 511" Cornell Spencer Feldmen 62" Brandies Lawrence Spiccasi 6' Univ. of Buffalo Kevin McCarter 59" Canisius Stephen KidderLindley 62" Emory John Dagon 62" Alfred Dan Lukasik 64" Buffalo State WillZickl 6' Hobart Keith Sutherland 62" Univ. of Buffalo WADE'S WARRIORS J,_ J >{*J %i? %5* W &j CT^^k. J '» Students and faculty alike support the cause. LALSA Out-Reach Program Aims at H.S. Minorities ation. is Coach Colonel George "Black Jack" Villegas CORPORATE OFFICERS Chief Executive Officer, President — Wade Newhouse Vice President, General Council Marjorie Girth Secretary-Treasurer Colonel George "Black Jack" VilChairman, legas — — The Latin American Law Students Association (LALSA) is in the process of initiating a High Out-Reach Program. During the Fall of 1986the president of LALSA, Sam Rodriguez, presented the idea to the Student Bar Association (SBA). The proposed project received major support from SBA mem- School BOARD OF DIRECTORS Wade makes it official. Alan Carrel Charles Wallin John Henry Schlegel Audrey Koscielniak Aundra Newell Helen Crosby CleoJubulis Ellen Gibson Marie McLeod Myron Malkinson Anne Missert bers and monies were allocated for the program. Careers Symposium Interviews by Diane Dean The Public Interest Legal Careers Symposium will be held on Thursday and Friday, Feb. 26-27 at Greenberg Lounge at New York University Law School. The Symposium began eight years ago in an attempt to bring public interest employers and students to one meeting place, thus saving time and money for both groups which are typically on restricted budgets. Most of the employers conduct "formal" interviews for a known job opening. Others hold "informal" interviews on either one or both of the two Symposium days to meet potential employees in the event that an opening occurs in their office before next Fall. (One interviewer who attended last year conducted only informal interviews the first day. On the second day it was announced that they would be hiring three graduates at which time they started collecting resumes and conducting formal interviews). While the formal interview process is the most secure way to approach the Symposium, using the opportunity to meet informal interviewers provides students with the chance to start their networking and learn what public interest employers as a whole look for in an applicant. So, even if you don't get a formal interview, or get only one formal interview, I would suggest you attend the Symposium for the sake of the informal interviews. Last year, one student didn't get a formal interview with a certain employer. Since the same employer was conducting informal interviews as well, the student introduced herself and ended up getting the job for which she had initially been denied a formal interview. By now most of you should have at least planned where you will be applying. You should have reviewed the employer description in the Public Interest Symposium binder, prepared the application package that each employer has re- quested, and filled out a yellow Student Schedule Sheet. The yellow StudentSchedule Sheet is a very important new addi- tion to the application process. Without a complete form, NYU may lose your applications in shuffle or miss the fact that you have applied to an unlisted em- ployer. deadline for submitting resumes for the SymSince the posium is Jan. 30, anyone who has not yet begun the process of applying had better get to it quickly! For those of you who have applied, please make sure you have submitted a com- pleted resume package. Many employers want more than just a resume. Without a completed package, we cannot send your application on to the employer. In addition, any third year student who has submitted a resume for employers asking only for first and second year students will have his/her resume removed. The opposite also applies. Any resumes handed in after noon on Jan. 30 will not be sent to the employer via CDO. After we send the applications to the employers, they decide who they plan to interview. They tell NYU which, in turn, tells us. NYU gives us this information in the form of an interview schedule. Therefore, if you are not serious about applying to an employer, don't do it. Once you have applied, and that employer accepts, you are scheduled for an interview. NYU assigns you to either ofthe days the employer is interviewing. Therefore, be prepared to attend the Symposium for both Thursday and Friday. The list that NYU gives us will be posted outside CDO. I will let students on my mailing list know when the schedule goes up as soon as I can, but keep checking the board after about Feb. 8. At the Symposium Interviews begin at about 10 a.m. on Thursday. If you plan to fly in that morning, Audrey suggests that you take the earliest possible flight and that you The Opinion January 28, 1987 2 Its major objective by Zulma A. Bodon "pray for good weather." In the foyer of Greenberg Lounge, large boards are set up interview on which the schedules are displayed. Here is where you'll find out any perhaps even too ambitious, they are certainly consistent with the goal of preventing high school dropout. Furthermore, this is a long-term program, changes that may have been made and where your inter- views are taking place. Maps can be picked up at one of the tables nearby. I will be there, as will Audrey, to direct you, give you suggestions, and provide general moral support in your interviewing. Arriving early this first morning can be very beneficial to students who have not received interviews with employers for whom they really want to work. Oftentimes there are open slots on the interview schedule because a student has withdrawn. If you get there early enough, you can see if there is an opening, go to the interviewer's room, and talk your way into the vacant interview spot. Many students got interviews this way last year! During the course of the day, you will have breaks between your interviews. It is during this time that you can either introduce yourself to the myriad of employers sitting patiently in Greenberg Lounge or go and listen to the panel discussions taking place in adjoining rooms. Bring extra resumes for the informal interviewers — you never know what employer might strike your interest once you begin talking to them! Speaking from experience, I know approaching an employer seated by themselves at a little table can be intimidating. I eventually began to coax friends to go with me to talk to them. Just introduce yourself and start talking. Most students fly to New York, but some drive. If you have a problem with transportation, let me know and I will try to arrange carpooling. Good luck and have fun. This can be a very informative and worthwhile experience! Diane Dean is the graduate assistant for public interest/ public service careers. to provide high school youths who are identified as "at risk" with counseling and guidance, basic skills development, career exploration, cultural awareness and leadership development. The two high schools already identified as possible "pilot schools" are Bennett and Gro: ver Cleveland. Further research is needed, however, in order to make sure that these two schools are representative of the "at risk" population the program wants to target. Although at first glance the objectives of the Out-Reach proposal seem too many and LALSA Pres. Sam Rodriquez. The Black Law Students Association (BLSA) has joined LALSA in its preliminary efforts to establish the goals and objectives of the Out-Reach program. Members ofboth groups met several times last fall in an attempt to explore a framework from which to begin. The exploration of ideas included (1) the feasibility of having the program; (2) the goals and objec- tives of the project; (3) who the target population should be; and (4) where and how the program should be initiated. According to Rodriguez these preliminary discussions were necessary in order to be sufficiently organized before other organizations are invited to assist in the actual implementation of the Out-Reach program. He feels the program should not be exclusively a LALSA project. "Once we are organized, we want to open it up to other organizations who share our goals and want to join us," said Rodriguez. The goal of the program is to reach minority and other academically disadvantaged high school students in order to retain them in school and enhance their potential for gradu- . V which means no one should expect immediate results. It is a complicated and time consuming project deserving of every-" one's support. So far, it has been a struggle and a learning experience for all of us involved in this very difficult but important endeavor. Illllllllllllllllllilllllllllllilllllllllllllllll • PROFESSIONAL TYPESETTING p OFFSET E • PRINTING o • FAST SERVICE COMPETITIVE " • PRICING JJ MANY M • DIFFERENT E S* TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT USFOR A QUOTATION TODAYI ■ j B 3171 Main Street {Mmlh s> of WtnMpteff Buffalo, NY I rtl fQft 8354)100 SJSOtTt—, [|jSPW£\[KJjr 1876 Nia. Falls Blvd. 'Tonawanda, NY 834-7046 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 415 Seventh Avenue, Sulie 62 New York. New York 10001 (JU) SM-J696 (201) 623-JJ63 > �. Hew rwuiiMfl: v ™ '.-■■■'- lilililitß vX'XvX'X'X'X'X'X'X^H wvwv LECTURING Cast ALL Patrick Baude (Indiana University School of Law) Julian Bush (Attorney at Law) Criminal Procedure Wills Trusts John Dobbyn (vnianova University School of Law) Corporations Steven FinZ (Western State University School of Law San Diego) . . . Administrative Law ■.■:■■ Conflict of Laws -■:■:■■."": Insurance & Suretyship Personal Property Problem/Integration ;;! Torts \II The Multistate Method™ by Steven Finz Kenneth Gray (Duquesne University School of Law) Real Property Neil Hecht (Boston University School of Law) Evidence Barry Josephson ((Attorney at Law) Agency & Partnership Michael S. josephson (Loyola Law School) Criminal Law :: New York Essay Clinic Nicolas LiakaS (Attorney tU Law, Chief Executive Officer of Josephson/Kluwer)MultlState Clinic Equitable Remedies Arthur R. Miller (Harvard Law School) — : : - ] Petir O'Connor (Fordham University School of Law) Marc Perlin (Suffolk University School of Law) Lawrence Sager (New York University School of Law, (Boston Unimtsity School of taw) Douglas Whaley (Ohio '/111:;!::; state University College of Law) it*; llllllilllß Bliiiill tiiiliilllß ililillllß lillllllla liliUlillll I ll^llllllllil llllllll^ie llllllliß ■ I Illlllllllle lililililM fflllfliflß Illlllllile •• ;-}M .' I ' ••. Illlilllle illllllllle Constitutional Law 11^1111^ Domestic Relations Contracts Sales Commercial Paper 10 e«st 21st Street, Sttltt 1206-7 New York, NY 10010 50&-2O6O or <800) «StV4srr S;:sSSSH;:;:;S;:;SiB Federal jurisdiction C.P.L.R. JOIEPHION W HLUWID ??%■'::■:■>' 1I If Bat £xowi Succedft! Featuring an STAR ei»e,jo Wi»<,n«iu««iWiE««i«i<»»icwt«.ii«. Illllllllllil iiUliitllß iiSiilllllS llillill^B ||| . : : : : : ':: : ;: :B ::::::x::::-:::; :: ; ': ::::::x::o:::^:S:::HS: ::H ::::':::::::::::::-:::;:-:^:::::o:>::B January 28, 1987 The Opinion 3 �Candidate Linder Speaks on Migrant Rights by Paul W. Kullman The good thing about labor law, particularly in the area of migrant farmworkers, is that "there really is a black and a white," said Marc Linder, an attorney with the Farmworker Di- vision of the Texas Rural Legal Aid. "You really do have a bunch of repressive, exploitative elements on the one hand, and people who are a hard working, impoverished group who make $6-7,000 a year on the other," he said. "Although farmers claim they need protection because they would be vulnerable if the workers struck prior to a harvest, you need to turn this around. The workers are very vulnerable because they make all their income in a short time, Faculty Candidate Marc Under. and are reluctant to assert all their rights." Under, a 1983 graduate of Harvard Law School, is a candidate for a clinic faculty position at ÜB. He spoke with 15 students on Wednesday, December 3 in the Faculty Lounge on his field of expertise, federal labor law, and his desire to implement a labor law clinic at ÜB. "For students, this would be a good access road to combining book learning with active experience," Linder said. "The focus would be on federal statutes designed to protect farmworkers. These are not as complex as the tax code. These statutes are easier to work with because there is a modicum of historical meat on them, so you can understand their general intent." Linder said he sees seasonal fruit pickers in the northern and southern sections of Western New York as possible clients of a labor law clinic, although he admitted some unfamiliarity with their current numbers and their employment conditions. "Plant closings in the Buffalo area could be another focus," he added. Linder, in developing a labor law clinic, said his plan would be "to run courses in conjunction with other teachers to provide a dose of economic and sociological background" for students. "It is important to combine book learning with practical experience. My own experience has been that fancy legal theories, whatever direction they come from, are not that important. It is important, however, to have some grounding in social economic theory." Linder previously taught courses at the university level in economic theory, history, and policy from 1974-1977 while in Denmark. He was also a teaching fellow at Harvard's Department of Economics while he attended law school there. Linder called the UB faculty "extraordinary and interesting" and said the "concrete efforts to shape the curriculum from that which prevails at other law schools" is what attracted him to apply for a position at ÜB. Movies, Videos: "The Boys in the Band" by Zulma A. Bodon Concert promoter and film producer Harvey Weinstein was guest speaker for the Entertainment Law Society at UB Law School Thursday, December 4 of last year. The theme of his presentation was "An Insider's View ofMusic and Movie Business." Weinstein was introduced as a deal maker of the highest caliber in the entertainment industry. "Hehastheabilitytoget things done in an environment that is absolutely insane," said Dianne Schnitzer, secretary for the Entertainment Law Society. Weinstein, who began organizing concerts as a UB student, now produces movie and video projects of rock stars, including Paul McCartney and Phil Collins. He has distributed motion pictures such as "Erendira" (by Mexico's Nobel-Prize winner Gabriel Garcia-Mar- quez); produced Orion Picture's horror thriller "The Burning"; and, directed Universal's "Playing for Keeps". Hisfilm distribution and production company is based in New York City. Weinstein's "insider's view" focused on the revolutionary movement in technology within the entertainment industry and how it has contributed to the rapid proliferation of entertainment lawyers through the industry. He explained that "whenever there is a revolution in technology there is growth, and, where there is growth there is a greater need for lawyers." He further explained that legal expertise is in great demand because, with the expansion in technology, the entertainment industry has become much more intricate and thus lawyers are needed to help identify and explain newly created rights. "It takes a lawyer to understand the contractual nature of the industry and the intricacies of the new rights involved in the actual hierarchy of a major studio." Although Weinstein considers a law degree an important and needed commodity, the predominance of male entertainment lawyers suggests that the industry has not been responsive to women. Even Weinstein had to agree "I do not know any entertainment lawyers who are 'ladies'. I know a lot of women who work for male lawyers. Their role has been limited to working in the business affairs departments even if they hold a law degree." But he believes the barrier is being broken now: "We now have a President of Paramount who is a woman. The President of 20th Century Fox is also a woman. So, it has to be up to the women in the industry to bring other women up the lad- der." For those interested in playing the dual role of entertainment lawyer-manager, Weinstein warns that this is a difficult role to be in. "It is tough because if you are playing lawyer manager with a group (for example), the group starts to get suspicious after a while. They tend to look at the lawyermanager situation as an invasion." Therefore, according to Weinstein, it is preferable to play the single role of an attorney because "more and more lawyers are becoming the major 'confidant' for the talent, and the talent is always a key to the industry." As to how to get started in the entertainment industry, Weinstein stressed the importance for law students to study the trends and precedents in the industry in order to get a sense of where the industry is heading and where the jobs are. This should be done by subscribing to magazines and other trade publications. Law students should also begin to identify entertainment law firms in Los Angeles and in New York City. These two cities, Weinstein said, are where entertainment lawyers have the greatest possibilities for success. He also stressed that, if necessary, law studentsshould volunteer in an entertainment law firm: "The important thing is to get in. Once you are in, you should try to sit on the meetings, watch the negotiations, ask questions and listen." This, he indicated, is the best way to get a taste of the real world of entertainment law. It is also the first and most important step towards a successful law career in the field of entertainment. Creative Students Frolic with Remedies Final by Kevin O'Shaughnessy "The most important thing to say is that there is no law of remedies." Discuss. One student used a cookbook and a brownie to answer this exam question. Almost all of the students taking Professor David Fraser's Remedies course provided him with some very different exam answers. "I received poems, limericks, songs (Blues, Folk, Gilbert and Sullivan), video and audio cassettes, plays, television scripts (Cheers and LA Law), collages, fairy tales, and one that was written in a diner." Professor Fraser's Remedies exam instructions provided for group projects and encouraged the use of "equivalent responses in alternate media." Although Fraser had included these instructions in years past at other law schools, (last year at Dalhousie in Halifax, Canada), this year's response was the strongest. An overwhelming majority of the exams used alternate media to answer the exam. "Its obvious that a lot of people have creative artistic and literary talent and are craving for an opportunity to cut loose from this oppressive atmosphere," declared Fraser. Although Fraser mentioned he has received some "weird looks from some people at A and R", Registrar Helen Crosby stated that the alternative exams caused thestaff very few problems. "We're used to roll- ing with the punches," she added. She did mention that she had never seen such a wide variety of exam answers before. Since group projects were encouraged, the students had to make sure the blue book numbers were registered with the proper exam. Professor Fraser has finished grading the exams and they should be posted shortly. Some members of the faculty were envious of Fraser's grading chore. "It beats reading sixty or seventy dull blue book exam answers," chuckled Fraser. Alternative media Professor Fraser's exam instructions point out, "You have better things to do with your lives than to waste a lot of time on this project." This statement should apply to both students and faculty. Environmental Law Society Members Tour Love Canal Toxic Waste Dump by Lisa Strain Shortly before finals last semester, a group of 12 students participated in an Environmental Law Society field trip to Love Canal. We were given a tour of the general Love Canal Study Area, located in Niagara Falls, by Rev- erend James Brewster of the Ecumenical Task Force (ETF). ETF is a citizens' task force which was originally formed by a group of scientists in 1979 in reaction to the discovery of contamination due to toxic waste dumping in the area of Love Canal. ETF has continued to operate as a citizen's activist group since then. Reverend Brewster gave a brief history of the Love Canal area. The area received its name from William Love, who attempted during the 1800s to 4 build a canal from the Niagara River to Lewiston but only reached 3/4 mile into the mainland before running short of funds. In the early 1900s Love Canal was actually a highly attractive recreational area, according to Reverend Brewster. However, this changed in the 1940s when the property was purchased by Hooker Chemical Corporation and used to dispose of toxic wastes. Hooker Chemicalwould dyke off part of the canal, pump the water out and dump liquid and solid wastes into thecanal. It is estimated that approximately 22,000 tons of liquid and solid wastes were disposed of in Love Canal by Hooker Chemical between 1942 and 1953, according to a 1979 draft report of the Interagency Task Force on Hazardous Wastes. The Opinion January 28, 1987 According to Reverend Brewster, there were a number of public hearings during the 1970s on possible health effects of the toxic waste disposal for the residents of the area. Al9Bl New York State Department of Health report cites a number of potential health effects due to exposure, including acute leukemia, cancer, liver dysfunctions and respiratory and cardiac arrest. The property was eventually purchased by the City of Niagara Falls and theBoard of Education, and capped with a layer of clay. A school was then built on the edge of the canal area. After numerous indications appeared in the late 1970s thatthe clay cap failed to properly contain the waste, including reports of chemicals "oozing out continued onpage 5 Dave Fraser at work? , £ exams might be the methodneeded to combat late grade problems. As 415 Stveetfc Atom. MM 62 New *•*. New Varfc 10001 (JUMM-W* (Ml)<ls-3X5 �Love Canal of the ground" in the school playground, the canal area was fenced off and the residential area taken over by the state through eminent domain. A fill drainage system to funnel the contaminated leakage to a treatment plant was installed. New York State purchased the homes in the area for a $20 million settlement with the residents, and 80 percent of the residents left the area. There are two houses which remain within the fenced-in area whose continued from page 4 owners have refused to leave, Reverend Brewster said. There have been numerous incidents of arson, and a growing feeling of resentment among those few residents who remain that they will not receive adequate compensation for their initial investment in their property if they sell now. V^^ Until the area is declared habitable by the Department of Health and the Environmental Protection Agency, no property will be sold. According to Reverend Brewster, there are at least 300 people on a waiting list to buy the homes purchased by the state. However, it may be quite a while before the area is remediated enough to be habitable. The most highly contaminated areas, said Reverend Brewster, are the storm creeks, especially Black and Cayuga Creeks. One resident, Luella Kinney, continues to cite her son's deathas proximately caused by exposure to these highly contaminated areas. Her son often played in Black Creek and died several years ago of leukemia. The largest obstacles to remediating the area are posed by the sediments in these storm creeks. Reverend Brewster said, and by the Love Canal site on which 20,000 gallons of liquid waste are still being stored. The waste contains high lev- els of dioxin and there is presently no disposal site for the barrels due to their high level of contamination and the ing of Feb. 5 so we know how many vans we will need. All Law School faculty, staff and We are suggesting that people bring a light lunch, although there is some food at the warming hut. Also, you should bring a spare hat, top and pair of gloves in case you get wet. You should dress in light layers with some "heat flexibility" such as a zippered top, if possible. Once you start skiing, you warm up a lot and you should try to avoid overheating. Wool is best, but not heavy wool. $10 to rent equipment for the day at Allegany. If you have your own equipment, there's plenty of room in the vans. If we have more than one full van (13 people), SBA will sponsor the second van. If you have any questions you can drop me a note in Box #710. danger posed by transporting them. While the Love Canal area continues to remain a source of concern, a growing concern is also developing over the 102nd Street dump, located directly west of Love Canal and bordering the Niagara River. Since the dump borders the continued onpage 9 ELS Invites All to Wild Walk on the Winter Side by Jack Luzier Are you fed up with Buffalo, winter, or both? Are you looking for some fun and excitement in your life? Do you wonder why some folks actually want more snow and cold weather? We have the "ticket" for you. The Environmental Law Society is sponsoring the second annual Cross-Country Ski Trip to Allegany State Park. Before you say "It's not for me," read on. It doesn't matter if you've never put skis on your feet or that you're not the "athletic type." Cross-country skiing is essentially no more than walking on top of snow. We had sev- eral first-timers last year who had a great time. Ask Sandy Wozniak or Jerry Goldberg, to mention a couple. The trip is scheduled for Sunday, Feb. 8, but if the weather doesn't cooperate, the "snow date" will be Saturday, Feb. 21. There will be a notice on the ELS bulletin board in the mailroom Feb. 6 if we need to go to the snow date or you can call me at 832-8112. Also on the bulletin board will be a sign-up sheet for the trip. Folks must sign-up no later than the morn- students are invited. However, spouses, consorts and friends are also welcome if we have room in the vans. Otherwise they can carpool. We will leave the Diefendorf Loop on the Main Street campus at 8:30 a.m. and arrive back at approximately 4 p.m. For those who don't know where that is, there will be a map on the bulletin board. There's a large parking lot there so folks can leave their cars at the departure/return location. The transportation and the skiing are free. However, if you don't have equipment, it costs For some folks, this may be your last chance to experience one of the unique advantages ofWestern New York, so we encourage people to join us. Besides, it's a blast! Hope to see you on the trails. Three Legal Writing Contests Offer Cash Prizes UB Law School has received notification of three writing contests open to all students currently enrolled in accredited law schools. In addition to publishing opportunities, all of the contests are offering cash prizes for the winning essays. I. American Bar Association, Section of Corporation, Banking, and Business Law. The section is sponsoring its second annual student essay contest. Contestants may write on any topic of interest to lawyers practicing in the areas of corporation, banking, and business law. Entries must be postmarked no later than April I, 1987. Ist Place 2nd Place The subject for the essay is "Does the allocation of power between the federal and state governments and among the branches of the federal government contribute to the preservation of individual liberty and the function of our government?" $10,000 Ist Prize $1,000 $500 $200 3rd Place An essay should not exceed 4,000 words and should not be less than 2,500 words, including quoted material and foot- 2nd Prize $2,500 $1,000 3rd Prize All entries must be post- notes. 11. West Publishing Company and the Commission on the Bicentennial of the United States Constitution. marked by April 15, 1987 and should consist of no more than 5,000 words, including foot- notes. 111. Fourth Annual Bankruptcy Articles Contest. Students interested in competing in this contest should review the Digest ofDecisions of Bankruptcy Court Decisions Publishing Co.) and perhaps consult with a bankruptcy law professor, a constitutional law professor, or a law clerk to a bankruptcy judge to ascertain areas of significant interest in bankruptcy law. Sub(CRR mitted articles should be no less than 25 typewritten pages and no more than 80 typewrit, ten pages (BV2 x 11"). Articles for the 1988 issue are due by October 31, 1987. ' Ist Prize 2nd Prize $300 $250 3rd Prize 4th Prize sth Prize $200 $150 $100 Law students who are interested in participating in any of these contests should contact Dean Newell in room 314 O'Brian Hallforfurtherinformation. Summer Legal Seminars Offered Abroad in Italy, Austria and France Students who wish to study comparative and international law in Italy, Austria and France this summer may enroll in the 1987Summer Seminars Abroad program sponsored by The Dickinson School of Law. \ Programs will be held in Flor- ence, Italy; Vienna, Austria and Strasbourg, France during the summer of 1987. Students enrolled in law schools accredited by the Association of American Law Schools or the American Cora Alsante Kathleen Benesh Cindy Bennes Shari Berlowitz Susan Bernis Michael Biehler Mary Casey Taryn Chapman John Christopher Jane Conrad The second summer session involves two consecutive twoweek sessions, the first in Vienna, beginning July 5, and the second in Strasbourg, beginning July 19 and concluding July 31. Two-credit courses in comparative constitutional and human rights law, comparative legal professions, and comparative procedure and dispute settlement will be taught by members of the Dickinson faculty and international legal scholars arid practitioners. Bar Association are eligible to apply for admission. Thefirst summer program involves four weeks of study in Florence, Italy, beginning June 8 and concluding July 3. European scholarsand practitioners will work with members of The Dickinson School of Law faculty to teach two-credit courses in comparative law, legal aspects of European economic integration, and transnational and comparative civil litigation. J°nn Manning Brian Martin Kenneth Neeves Maria Ogorek Mary Anne Oliver Da vid Petrick Susan Schoepperle Tom Theophilos Christine Tsai Camille Wicher Dana Young For more information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson //lj //&/ School of Law, 150 South College Street, Carlisle, Pennsylvania 17013. Telephone: (717) 243-5529. SUMMER LAW STUDY IQPR ft 7 ' . ~„ Court Associate Moot n Board Members ". 4 -, Nancy Dean Karen DePalma Shelley Dropkin Randy Fahs MaryAnne Courtney Tom Freed ■* Julie Freudenheim Susan Gigacz Leslie Gleisner Laurie Green Barbara Johnson . Foreign Law Programs Univ. of San Diego School of Law Alcala Park San Diego CA 92110 SVll ITI Till " Jl (11 Ml 1.1 ■*'■<■; Call Free, Talk to an Expert A toll-free student financial aid information hotline and a live television call-in program will be the highlights of "Financial Aid Awareness Month" in January, Dr. Dolores E. Cross, President of the New YorkState Higher Education Services Corporation (NYSHESC) recently announced. The services are being jointly sponsored by NYSHESC and the New York State Financial Aid Adminis- trators Association (NYSFAAA). The student aid hotline, 1-800-367-2670, will be in operation from Jan. 5 30, weekdays, noon to 8 p.m. Students and parents may call toll-free - and speak to financial aid experts on any aspect of student financial aid. The live television call-in program, featuring Dr. Cross and George Chin, president of NYSFAAA, will be broadcast on most Public Broadcasting Service stations in New York on Wednesday, Jan. 7, at 9 p.m. (The PBS program will be aired on Jan. 14 at 11 a.m. on WNED.) Dr. Cross and Mr. Chin will discuss the various forms of student aid, explain how to apply for assistance, and answer questions from viewers who call the toll-free number which will be broadcast during continued on page 11 \ 41} Seventh Avenae. Mte 62 New V«k. New Vtfk 10001 (211)594-&* (H>l) bli 33*3 January 28, 1987 The Opinion f 5 �I' Reality of Racism as a Criminal Act: Impact on a Legal Career Decision — opinion , STKTE UN7VBRSITy OF m. by Daniel Ibarrondo In the summer of 1979, a Puerto Rican youth with a his- VtM TrORK ATBi.TFALO SCHOOUCF LAW January 28, 1987 Volume 27, No. 8 tory of mental disorder was pumped with 16 bullets by four New York City police officers. Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Features Editor: Business Manager: Photo Editor: Irlelle Abrams Kevin O'Shaughnessy Each police officer shot four bullets into this young man's body because he attacked one of them with a pair of scissors. I was a pre-medical student at the University of Puerto Rico before arriving in the United States in 1978. My intention was to continue medical studies at Fordham University. The above incident was a turning point in my career decision. My counselor at Fordham University couldn't understand my reason for a career change after examining what appeared to be a promising future in the medical profession. Not knowing the Puerto Rican situation in the mainlandand having been confronted with news stories such as the above, reality dictated that police officers, and not cancer, were the major killer of Melinda K. Schneider Paul Hammond Layout Editor: Susan Clerc Staff: Zulma A. Bodon, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: Vicki Argento, Dolores E. Cross, Daniel Ibarrondo, Jack Luzier c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published everytwo weeks during theacademic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial We Want Wade! my people. The headline news in the New York Post and local Black and Hispanic newspapers continued with stories such as the death of Victor Rhodes, a 16-year-old stomped into a coma by Hasidic students in Crown Heights in 1978; the death of Arthur Miller, a civic leader killed by police officers in 1978; the death of Willie Turks, a Black transit worker killed in 1982 in the Gravesend section of Brooklyn by white youths; the Eleanor Bumpers case; and the stabbing of Gary Moy, an Asian Recently, there has been a petition circulating throughout the Law School suggesting to the Dean Search Committee that it consider Wade J. Newhouse for permanent dean. We at the Opinion applaud this grass-roots movement and would like to add our voices to the growing chorus of positive sentiment that has already been expressed. Clearly, Newhouse is the man for the job. He's been here for 28 years and knows the place. He's attended countless faculty meetings and served on innumerable committees, and is thoroughly familiar with the internal workings of the Law School. He's served in a number of administrative posts and was largely responsible for the Law School's move to O'Brian Hall and the burgeoning of the Jaeckle Center State and Local Government program. He's a first-rate scholar, extremely knowledgeable in the areas of constitutional law, school law, and state and local government. He knows the alumni and has the affable disposition which is so necessary for soliciting donations to the Law School. man, by white Brooklyn youths earlier last year. I decided that the study of law was necessary in order to protect my commu- nity against police Given the above, one has to wonder why the Administration chose to resume the search for outside candidates at all. The old committee spent two years sifting through hundreds and hundreds of names, only to invite seven candidates to interview here (four of whom withdrew and three of whom the committee de- perienced. I thought the study of law and cided it didn't like after all). the isolation that Buffalo provides would give me the peace of mind to contemplate on these matters and the plight of Appointing an outside candidate a year down the road who is totally unfamiliar with the Law School does not, to our minds, make sense especially when we have someone from within who is so qualified. — the Puerto Rican community. However, I found myself a vie- To quote the petition: "... Professor Newhouse has been an outstanding member of the Law School faculty for 28 years. His service to the Law School and local legal community is beyond reproach. Equally, his performance as the current Acting Dean has been outstanding. Professor Newhouse has restored student spirit and student confidence in the Law School administration. Law students are, once again, beginning to feel good about our .. ... I We Want Wade! j If you agree, cut out this ballot and drop it in the SBA ballot box in the mailroom. [ □ I want Wade J. ■ Newhouse to be considered for permanent dean of the UB Law School. L Yes, J 1987 Page sixOTp2hinJa8oeu,ry The Opinion January 28, 1987 I Man." The incident haunted me well into the week beforefinals when the matter was adjudicated with a prefabricated guilty sentence. As sat in the waiting room after the verdict was made, it dawned on me that lawyer or not these incidents will not cease to happen. There is no justice; it's just us! In the Law School itself I realized that racial divisions and racial graffiti in the classrooms and bathroom stalls will not end. The anxiety of first semester exams culminated with the news of the death of Michael Griffith in the Howard Beach section of Brooklyn on December 20. I wondered whether New York State legislators and government representatives in Washington, D.C. are aware of the Buffalo Model. Do law courses exist in how to protect oneself against racial discrimination and violence? Fundamentally, racism and discrimination could not be maintained except through enforcement by the government. This concept may be difficult to understand because we view the government as an entity with a potential force against discrimination. Some may argue that the times have changed and the situation is no longer the same given the many social and economic reforms that have been made in the last 25 years. It hasn't changed much; it's the same problem wearing a different dress. I believe that racism should be outlawed. While the social and economic reforms have been beneficial, it is also necessary to change the law to adapt to socioeconomic changes in our society. Many forms of discrimination are illegal, but not felonious. Nobody has ever been imprisoned for discriminating against a Black, Hispanic or Asian, for insulting him verbally, for slandering his race; and very few have been penal- I ized for assaulting or even murdering a Black, Hispanic or Asian. Racism, in any form, must be made a crimefor which individuals are punished severely. Police officers who unnecessarily shoot and kill nonCaucasians should be subject to the same penalties as all other murderers. It is said that you can't legislate human nature, or compel people to shedtheir prejudices. It is said that in this racist society no person is wholly free of racist prejudices. But you can compel rational people to restrain and contain racism, just as the great majority of people are compelled by the power of law to restrain impulses to steal, to assault hostile people, and commit other legally criminal acts. It can just as well be said that no person in this society is wholly free of criminal ideas in some form or other, in some degree of intensity. But the great majority have the common sense to repress such tendencies, and they tendto become vestigial aspects of consciousness. Similarly, a legal prohibition against racist actions and expressions will inhibit and repress racist ideology, and help lead to its gradual decline and ultimate disappearance. We first year students were told by our professors to contemplate on the study of law and what it meant to us. It dawned on me that we law students carry a large measure of responsibility. The process of justice is in large part the measure of decency of a society. We as law students and eventually practicing attorneys, must concern ourselves with other matters of our society whether we work in public interest firms or private practice. It is only fair that we, who will make our livelihoods from the legal profession and the judicial process, should act as its guardian within the scope of making a decent society for all. After all, if lawyers are not morally obliged to carry this responsibility then who is? Magazine Looking for Articles Law School. We are confident that once the Dean Search Committee carefully examines his record of performance, it will, as we have done, come to the conclusion that Wade J. Newhouse should be the permanent dean of our Law School." I In brief brutality, racial violence and discrimination. The study of law would also protect me against injustices that I have personally ex- Tim of the racist attitudes of two Buffalo police officers in a trumped-up traffic violation. think they must have just finished seeing the movie "Soul In the Public Interest, a collectively-published review of law and society, is currently seeking articles for publication. The magazine is committed to printing articles which examine legal issues in their social, historical, and political contexts. The magazine has been in existence for six years and is distributed to law libraries, public interest law firms and organizations all over the country. The magazine's main source of material has generally been seminar papers by law students, but it is also interested in receiving work by faculty members and law practitioners as well as writings from theperspectives of other disciplines. In the Public Interest is look- ing for well-written and researched papers which discuss public interest law subjects. If you would like to see your papers in print or are aware of seminar papers which should be published, please let us read them. Last year we were able to publish about one-fifth of the material we received. The authors of those papers we do publish will have an opportunity to revise theirarticles while working closely with the editorial staff of the magazine. Keep the possibility of publication by In the Public Interest in mind when selecting research topics in the future. All manuscripts for submission must be received no later than January 30. To insure anonymity, manuscripts should be labeled with social security numbers only and placed, along with a sealed envelope with your social security number on the outside and your name, box number and phone number on the inside, in the Center for Public Interest Law box in the third floor mailroom or the envelope outside our office in room 118. First or rough drafts are acceptable. For more information about publication, or if you are interested in working on the editing and publication of the magazine, contact Sara Nichols or Molly Dwyer, co-editors-inchief. Confused Kitty Lover Speaks To the Editor: What's all this fuss and scuttlebutt I've been hearing in the halls about CATS and KITTY-PORN? I mean really, what's the big deal? So what if there supposedly are photo- graphs of nude kittens lounging luxuriously. Why on earth would people get into such an uproar and want to condemn someone for such pictures? We've probably all seen one at some time or another. If there really is something fishy in Denmark, why should the in- volvement of CATS bother or surprise anyone? Belina Anderson �The Boy Mechanic Professor Katz: Publish or Perish I first met Professor Al Katz during the Fall semester of 1983. I was an undergraduate at UB taking a course in Com- thefact that Professor Katz has written several unpublished academic monographs dealing withissues in pornography. Mr. Ragan appears to be an extremely devout follower of the academic maxim, "Publish or Perish." The Buffalo News reported that during sentencing, Justice Marshall stated "You and I and the president of the United States are not above the law." Obviously, Justice Marshall is not a diligent student of American history. Presidents Lincoln, Roosevelt, and Johnson are just a few of our leaders who have chosen to ignore an amendment or two during their reigns. It isalso obvious that his honor has not picked up a newspaper or watched a television set for several months (oh, thats right... It was all Ollie North's idea). In addition. Justice Marshall asserted that Professor Katz was a "fool who didn'thave the guts to recognize (his) problem." If Justice Marshall truly believed that Professor Katz had a "problem" withchild pornography, his punishment was absolutely ludicrous in light of the crime. Psychiatric treatment would seem to be a far more appropriate solution to the "problem" than 30 days in jail and a $1,000 fine. Justice Marshall chastised Professor Katz's research meth- munication and the Law. Professor Katz lectured for nearly an hour on the history and the issues involved in pornography. He discussed the court's conflict between legitimate and illegitimate forms of expression (Mark Twain wrote sexually explicit novels for private commissions: Art or Pornography?). It was one of the most interesting and informative lectures I have ever witnessed. On Tuesday, January 21, Professor Al Katz was sentenced to 30 days in jail and was fined $1,000 for pleading guilty to a misdemeanor obscenity charge involving child pornography. State Supreme Court Justice Frederick M. Marshall dismissed Professor Katz's academic research defense as "not believable." The district attorney's office admitted that the photograph Professor Katz was accused of mailing was not taken by him. A police search of Professor Katz's home failed to produce any evidence that he was involved in the production of child pornography. Prosecutor William Ragan's assertion that Professor Katz has never "published a single article in any publication about child pornography," obscures .. ods calling them "unorthodox". Research involving aspects of human sexuality frequently requires unorthodox research methods. I do not condone child pornography or the lowly individuals who produce it. Both are recipients of my undying disgust. However, my strong feelings concerning child pornography do nothing to alter itsexistence. Child pornography is a complex phenomenon. In addition, it is a profitable business with a receptive market. If the presence and appeal of child pornography are to be understood and dealt with, the subject must be studied in depth withoutfear of public or judicial reprisal. The local vanguard of free speech, the Buffalo media did their usual stellar job of informing the public. The three televi- sion stations "covered" the ar- rest. This consisted of filming Professor Katz after his arrest and saying the word "kiddy porn" as often as possible. The Buffalo News wrote several articles concerning the arrest. My favorite part of their coverage was the carryover headline"SMUT" (even though the word never appeared in the article). I get the feeling the News would rewrite Doonesbury if itcould get away with it. Even the Spectrum got in on the action, in a December 5 editorial the Spectrum called by Kevin O'Shaughnessy for a University investigation into Professor Katz's case. They seemed to be calling for a second trial, one conducted after the state's by his employers who also happen to be the state. The Reagan Youths over at the Spectrum seem to feel teachers should be tried twice for misdemeanors. Professor Katz's central offense, of which he is certainly guilty, is the crime of being different. Many individuals disagree with the way he lectures, dresses and behaves. This might explain the expensive three year investigation by the district attorney's office, the postal inspectors, and the one man Salacious Literature squad (a one-man squad?). A three year investigation that pro- duces a misdemeanor conviction? The district attorney's office appears to be either inept or vindictive. You might want to ask District Attorney Richard Arcara (and the five former students of Professor Katz that are members of the district attorneys office) the answer to that question. The most intriguing aspect of the sentencing was the spawning of the "hoodwinked" theory of criminal justice. Justice Mar- shall dismissed documents written on Professor Katz's behalf by members of the UB law faculty on the grounds that Katz SBA Briefs had somehow "hoodwinked" them into believing his inno- cence. I was unable to find the elements of hoodwinkery in McKinney's, apparently but Justice Marshall sees Professor Katz as a jurisprudential Rasputin. This is a truly "unorthodox" method of discrediting character testimony. Law Professor Alan Freeman told me, "He (Professor Katz) has been writing and researching pornography for several years." Professor Freeman did not appear to be hypnotized or hood- winked. To put it bluntly, it stinks! The concept of academic freedom took a beating in the courts. The legal dobermans in the district attorneys office will pat each other on the back for a job well done. Justice Marshall will sleep soundly believing he put away a foolish man with a "problem." Professor Katz will, at the end of his spring semester, spend thirty days of his life in jail and pay his fine. He is suing Districy Attorney Richard Arcara for $150,000. I hope he wins. More importantly, I hope he publishes an article or writes a book dealing with his research and his experiences. But until that happens we will have to let history decide who the real gutless fools were. by Brett Gilbert Phones, Fees, and the World According to Brett by Brett Gilbert Hello, everybody, and welcome back. Only one more semester for one-third of us. I never thought I would say this, but I cannot wait to get out of here. My condolences to those of you who have more than 15 weeks left in your sentences. I have a few things to report to you some good and some not so good. TELEPHONES. The telephones of all student organizations were disconnected by the University during exam weekof last semester. The reasons for this will be more specifically set out by Vicki in an accompanying article; however, in brief, the disconnection resulted when the telephone office claimed the SBA owed them about $4,000 or so from unpaid phone bills, some dating back a year or more. I did not want to pay this bill until we were sure we owed it, so Vicki made an incredibly thorough check of all the back records we had in the office. Well, this proved to be no easy task, but Vicki did it. Now, not only do we have the neatest set of files around, but we do, indeed, owe the telephone office about $4,000. Unfortunately, that office was not willing to wait for us, so they disconnected the phones. My real apologies to those organizations (especially The Opinion) that were inconvenienced because of this. Needless to say, any blame rests with me, but I was not going to turn over that much money without being sure about it. YEARBOOK. A $2,000 debt that was incurred by the printing of last year's yearbook was not paid out of last year's SBA budget like it should have been. Hence, it must come out of this year's budget. I tell you, a lot of old bills from previous years are being unearthed and it is not making it very easy on our financial situation. A real pain — in the ass, I must say. ACTIVITY FEE. During one of the final SBA meetings of the Fall semester, the Board of Directors voted to increase the Law School Student Activity Fee by $5 per semester. How- ever, a student referendum on the increase will be held on February 12 and 13. We are waiting until the second issue of The Opinion is published so that all views on the issue can be aired. The SBA Board of Directors stipulated that since third year students are not going to be affected by the increase, they should not be permitted to vote. Only first and second year students will participate in the referendum. The financial need for the increase is real. The debts incurred because of the phones and the yearbook have wiped out over six thousand dollar off-thebooks unallocated emergency account which Sub Board requires us to maintain. This fund must be repopulated. Several new student groups have been created over the past several years and they have the right to obtain SBA funding just like the old groups. Diversity is a valuable commodity we should be willing to maintain. Additionally, many students are interested in attending vari- ous legal conferences around the country and they deserve to be supported by the SBA. These students help make our Law School more visible within the legal community, thus benefiting all of us. However, the SBA budget is not currently equipped to adequately handle such support. Anyway, I encourage all students who feel strongly about this issue, one way or the other, to write letters to The Opinion so that all views can be heard. Do so soon. The copy deadline for the next Opinion is Monday, February 2 at noon. SBA VACANCIES. Two members of the SBA Board of Directors missed four consecutive meetings during the Fall semester and according to the SBA Constitution, are automatically out of office. We, therefore, must replace them. If you are a second or third year student and want to get involved with, among other things, planning the SBA parties for this semester, pick up a petition on the SBA office door. LATE GRADES. Remember, the faculty has established a new policy which requires professors to turn in their grades by February 15. If February 15 comes and goes for a class of yours, feel free to mercilessly annoy and harangue your professor for unprofessional conduct. SBA PARTIES. A number of parties are being planned by SBA Social Chairwoman, Robin Miller. They include the "Suit- case" Party (someone will win a weekend on a tropical island), the 87 Days Till Graduation Party, a Pep Rally for Wade's Warriors, a possible dinnerdance, and maybe one or two more. In addition, we are thinking about a "Senior Week." Since there is a week between - - - the end of exams and commencement, we thought it might be fun to have a different event for each day, with a bonfire-type party out on Baird Point to wrap everything up. We'll keep you informed as plans develop. Well, that is about it for now. Hang-in there and remember, "you have to fight for your right to party!" by Vicki Argento From the Treasurer Bleak Depleted Funds, Outstanding Bills Color Financial Picture travel expenses for on the which M. There really is only one thing to say about the SBA financial picture and that is that it's bleak! The biggest expense the SBA has at this point is the backlog of unpaid telephone bills. This backlog is mainly the result of the University failing to bilKus for about a year, then billing us last spring for a year's worth of usage. Another problem was the fact that these phone bills were scattered throughout the SBA office, making it almost impossible to determine what we owed. Finding and organizing these bills proved to be a very time consuming task. Before this was accomplished, the Telecommunications Office shut off all student organization phones. Since that time I have substantiated the claims of the Telecommunications Office. We do indeed owe them approximately $6,600.00. I have paid $3,584.40 of this. I hope to have at least some of the phones turned back within the next few weeks. I am very sorry for the problems this has caused. In addition to the phone bills, the SBA has paid a $2,100.00 bill for the 1985-86 edition of the yearbook. This bill should have been paid last year. The SBA has also paid several bills from last year's commencement be- cause the 1985-86 commencement committee overspent its budget by about $400.00. Due to the payment of these bills. funds are reserved by the SBA for emergencies are all but depleted. Each year the SBA faces emergency situations which require that we bear the burden of unexpected bills. This year the problems have been more critical than has been the case in years past. Each year theSBA also attempts to improve the quality of student life by contributing money toward new projects, funding new organizations, and by partially paying law students who attend conferences. Within the last two years the SBA has funded three new organizations (Law School Yearbook, Peer Tutorial Project, and Asian Law Students Association). The SBA has also "refunded" two groups which had been inactive for several years (Entertainment Law Society and Parents Law StudentAssociation). During the past semester the SBA has also contribcontinued onpage y January 28, 1987 The Opinion 7 �I IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. I So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or I I I second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. I I I I I I I I I For more information see your Pieper Representatives or telephone (516)747-4311 li si PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 8 The Opinion January 28, 1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK «ii l|| 111 'IHII AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE ' I I I I �Reagan Threatens Major Cutbacks in Student Aid by Dolores E. Cross On January 5, President Reagan released his fiscal year 1988 budget proposal for Congressional consideration. The budget contains dramatic changes for the student aid programs used by thousands of NewYorkers each year to meet their college costs. Overall, the President's budget wouldeliminate an estimated 350,000 federal awards worth $500 million for New York students. The Guaranteed Student Loan (GSL) program, the largest financial aid program, would be particularly hurt by proposals to increase interest rates and fees paid by students and to reduce government support provided to lenders and guarantee agencies. The GSL program, which now provides nearly $760 million annually to New York students, would be reduced by an estimated 45 percent. Several other Title IV financial aid programs would be eliminated entirely and the budget proposes to stiffen student eligibility requirements and increase family contribution rates. Congress must now review the President's proposals and act on them, including authorization and appropriation legislation, before any of the President's budget can be implemented. I urge you to use this time period to contact your elected representatives and express your opinion of the proposals. The following describes the major student aid proposals contained in the President's budget and estimates their impact on New York State. If you have any questions or would like additional detail, please contact Peter Keitel, Executive Vice President (518-474-5775) or Charles Treadwell, Program Specialist (518-474-1549). A. General Provisions Affecting Student Eligibility The following proposals would apply to all Title IV programs: 1. To receive any federal student aid, a high school diploma or its equivalent would be required of students by the end of their first year of postsecondary education or by the end of their program, whichever came first. The "ability to benefit" option now available to schools, and recently redefined within the reauthorization of the federal Higher Education Act, would be eliminated. 2. The federal definition of financially independent student would be revised by: (1) requiring students claiming indepen- dence who are below age 30 to submit copies of parental tax returns as documentation of tax dependency status, (2) requiring those below age 23 also to provide documentation of self-sufficiency, (3) basing all student "in- dependence" determinations on traditional parental support and tax dependency criteria and, (4) repealing the institutional discretion recently provided by the reauthorization of the federal Higher Education Act. 3. The "30 percent limit" on Title IV aid applications that must be verified would be repealed. B. Guaranteed Loans In federal fiscal year 1986,3.6million loans (student and parent) worth $8.6 billion were made nationally, with New York State accounting for 344,000 loans worth $825 million. The President's proposed budget would make major revisions to the loan programs, beginning July 1, 1987.The proposed changes would reduce Guaranteed Student Loan volume by an estimated $340 million in New York State through the elimination of 140,000 loans. The specific proposals are as follows: Guaranteed Student Loan Program (GSLP) 1. Annual and cumulative loan limits would be returned to their pre-reauthorization levels. The increased GSL loan limits implemented on January 1, would be repealed. For example, the cumulative limit on graduate and undergraduate borrowing would again be $25,000 instead of $54,750. 2. The federal interestsubsidy payment to tenders on behalf of borrowers during in-school, grace and deferment periods would be eliminated. In addition, the interest rate charged to borrowers would be the average 91-day Treasury bill rate (for the previous year) through the first two years of repayment, after which the interest rate would be reset by the lender, either fixed orvariable, up to the 12 month 91-day Treasury bill rate average plus 2.75 percent. '^111111111111111111111111111111111l Student costs of borrowing would increase. Lender costs would increase as well with the need to adjust administrative systems to accommodate multiple interest rates. The overall result could likely be increased defaults by students and loan access problems caused by lender withdrawal. 3. A new 9 percent guarantee fee would be charged to student borrowers in lieu of the current 5 percent loan origination fee. SBA Ousts Basel, Steiger I by Susan Clerc The Student Bar Association will hold an electionfor onesecond-year directorand one thirdyear director on February 12 and 13. The offices became vacant when second-year director Nancy Steiger and third-year director Larry Basel were dropped from the SBA for repeatedly missing scheduled meetings. According to President Brett Gilbert, SBA members are informed at thebeginning of their terms that they will be removed from office if they consistently fail to attend meetings. Under the SBA constitution, said Gilbert, dismissal is "automatic" after fpur consecutive absences. Basel and Steiger could not be reached for comment. Second and third year students interested in running for office can pick up petitions at the SBA office, 101 O'Brian. Signatures of 10 percent of the candidate's class, approximately 30 people, are required. Petitions must be returned to the SBA by 5:00 p.m. on Thursday, February 5. If only one valid petition per position is filed, no election will take place. Second year students are particularly urged to participate. "If you know any good second years," pleaded SBA Vice President Jack Luzier, "tell them to run." This new variable guarantee fee will increase student costs. For example, a graduate student (annual $7,500 maximum) would pay $675 in guarantee fees, an increase of $300 over the current origination fee. borrowing '-p-'-11111111111111111111111111111111111l Lender yield will be reduced 50 basis points. This would compound the effects of a recent 25 basis point reduction through reauthorization. Many lenders would likely re-evaluate their student loan portfolio given the increased administrative costs brought about by reauthorization and reconciliation legislation, and many would likely withdraw from the program because of reduced net yield. more and pay sooner for their In federal fiscal year 1986, the Pell Grant program provided $3.58 billion in awards nationally, with New York State receiving an estimated $460 million for over 308,000 recipients. The President's FY '88 budget proposes funding of $2.71 billion for FY '88, 24 percent below FY '86 funding levelsand 31 percent below FY '87 appropriations. Specific proposals to change the Pell Grant program include the following: each $5,000 income increment) to 20/30/40 percent. Independent student assessment rates would increase from 75 percent to 90 percent (single students) and from 25 percent to 70 percent (married students or those with dependents). — tive allowance paid to postsecondary institutions. ""P^llllllllllllllllllllllllllllllllll The President proposes to initiate a large-scale Income Contingent Loan (ICL) program to replace the Perkins Loan Program. The ICL program was created by the Higher Education Amendments of 1986 and funded by Congress at $5 million for FY '87. The statute provides for a continued small scale program followed by an evaluation before the program is either continued New York State would lose an estimated $111 million in Pell Grant benefits in FY '88 through the elimination of 82,000 recipients. Changes in the need analysis formula would generally eliminate the eligibility of students and families with incomes over $20,000, as compared to the current "typical family" cutoff of $28,900. or expanded. For FY '88, the President proposes $600 million in new federal capital contributions to the Income Contingent Loan Program; New York State's share of that new funding is estimated to be $50 million. D. Other Programs Four major Title IV financial aid programs would be terminated, beginning in the current 1987 fiscal year: 1. Supplemental Educational Opportunity Grants (SEOG) *""«"■ In FY '86, the SEOG program provided $395 million with New York State receiving an estimated $31 million for 54,000 students. For FY '87, which funds the 1987-88 academic year, New York State would lose an estimated $17 million in Perkins Loans funds, or roughly 90 percent of federal funding expected for that year. Assuming Congressional approval of the requested ICL new program funding, New York would realize some increase in direct loan federal capital contributions in FY '88. However, the ICL program appears to structure longer loan repayment periods for low-income college graduates thereby ironically increasing the amount of interest paid by low-income students and, thus, increasing the cost of their borrowing. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. 2. College Work-Study (CWS) In FY '86, $567 million in federal funds was made available nationally, with New York State receiving an estimated $47 million for 64,000 students. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. would be extended to include all eligible students (both depen- From the Treasurer of money the SBA will.be able For FY '87, the President proposes to rescind $188 million of the program's funding and request only $22 million in funding for cancellation payments. Similar small payment requests are made for FY '88. Repealing the five dollar per recipient Pell Grant administra- 2. Supplemental Loans for Students (SLS) program eligibility There are many projects planned for the spring that the SBA hopes to help finance.The current status of the treasury will severely limit the amount In FY '86, the federal government provided $209 million in capital contributions to fund new loans, with New York State receiving an estimated $19 million. Using these funds in conjunction with institutional revolving funds created through collected loans, New York postsecondary institutions made an estimated 71,000 low-interest loans. contribution by raising in- Families would have a higher proportion of unsubsidized loans in their financial aid package thereby raising their costs. penses for two students to attend two different conferences, donated money to the Campus Child Care Center, co-sponsored a conference on Family' Violence and paid the basketball tournament entry fee for Wade's Warriors. NDSL) come assessment rates for dependent students from the current 11/13/18/25 percent (on 1. To compensate for restrictions proposed to GSL loan limits, uted toward the travel ex- 4. Perkins (Direct) Loans (Formerly Increasing the expected fam— ily Parent Loans for Students (PLUS) and Supplemental Loans for Students (SLS) PLUS and SIS loan limits would be eliminated. nmiiiiiiiiiiiiiiiiiiiiiiiNiiiiiii SSIG funds are used by New York State to offset costs of its Tuition Assistance Program (TAP). As TAP is an entitlement program, providing awards to all eligible students, State taxpayer costs would increase by over $6 million annually to replace the proposed elimination of SSIG funds. C. Pell Grants ""P^IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Increased guarantee agency costs estimatedtobeal most $14 million annually in New York State. To meet these losses, the Corporation would likely have to raise insurance premiums paid by borrowers. A 100 percent recision is requested for FY '87 by President Reagan and no funding is requested for FY '88. cent). Increased costs to guarantee agencies and possibly to lenders. ""P^llllllllllllllllllllllllllllllllllllll In FY '86 the SSIG program provided $73 million nationally, with New York State receiving over $6 million. borrowing as SLS repayment begins within 60 days of loan disbursement at a higher interest rate (currently 10.03 per- 5. The federal governmentreinsurance of guarantee agency insured loans would be limited to 90 percent of default claims, with the reinsurance level for any year dropping to 80 percent or 70 percent depending on the ratio of each agency's cumulative net defaults to the cumulative amount of loans in repayment at the end of the previous year. 6. The guarantee agency administrative cost allowance (one percent of loans guaranteed) would be repealed. In addition, the guarantee agency reimbursements to cover default collection expenses would be reduced. /"./^iiimiiiiiiiiiiiiiiiiiiiiiiiiiiiniii (SSIG) Families that replace lost GSL cent would be paid to lenders only through the second year of the annual average of 91-day Treasury bill rates plus 2.75 percent. No special allowance would be paid beyond the second year of principal repayment and no special allowance would be paid on consolidation loans. 3. State Student Incentive Grants eligibility with SLS loans will pay 4. A special allowance of 2.75 perprincipal repayment. The resulting yield would be reduced to dent and independent, graduate and undergraduate) and to spouses of such students. continued from page 7 to distribute. The problem that has arisen is that each year the SBA is trying to do more and more with the same amount of money. The student activity fee has not been raised in several years. Unless the student activity fee is increased, the SBA will be unable to sustain the organizations currently active, deal with emergencies and contribute to new, worthwhile projects. I urge all concerned students to support the movment to increase the student activity fee. n iilllllllllllllllllllllllllllll! ~ : Love Canal i continued fnym page 5 river. Reverend Brewster said, the dumping which Occidental Corporation is presently carrying out at this siteis "equivalent to dumping it right into the river." ETF is working now to have this site declared hazardous and qualify for remediation, and to ensure thatcontinuous attention and citizen input will be given to any future decisionsaffecting those areas. Lisa Strain is president of the Environmental Law Society. January 28, 1987 The Opinion 9 �The Best Course Of Action. Stanley H. Kaplan has students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence I OiIHIB I CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion January 28, 1987 I �Past Year's Phonathon: A Spectacular Success Phonathon '86 generated approximately $50,000 in pledges thanks to the dedication and enthusiasm of more than 85 Robin Checkla solicits support. — Photo courtesy UB Law Forum alumni and student volunteers, according to Sharon Fine, graduate assistant for development. She said over 80 percent of alumni who were contacted agreed to makecontributionsto the Law School. The Phonathon, a key event in UB Law School's fund-raising campaign, is conducted every Fall under the guidance of Associate Dean Alan Carrel and Ms. Fine. Fine said over the years, telephone calls have beenfound to befar more effective fund-raising tools than "impersonal letters." This past year's Phonathon was conducted during six different nights in November at the lawoffices of Jaeckle, Fleischmann and Mugel. The Phonathon has become so successful that Carrel and Fine said they plan to expand to 10 nights next year, so that a greater number of alumni can be contacted. "We hope that those of you who have shown dedication as student Phonathon volunteers will continue to assist the Law School after you graduate," Fine said. Since the Law School is only state-assisted and not statesupported, Fine said, "We rely heavily on the generosity of our alumni and friends in order to operate effectively." Private gifts help to finance programs such as the Career to key foreign policymakers, in Congress, the White House, the Departments of State and De- views of experts from the government and the private sector. Check local newspapers for listings of dates and times. The Christian Science Monitor is offering a series of eight articles on the Great Decisions '87 topics written by CSM correspondents. In the Buffalo area. Great Decisions groups are being formed by the Buffalo Council on World Affairs, Inc., the Jewish Center, the Amherst League of Women Voters, the American Association of Uni- Development Office, Moot Court, Trial Technique, the Dean Search, faculty recruitment, research assistants, li- brary resources, and emergency loans for students. Carrel said he appreciates the continued commitment of alumni and student volunteers, and is especially impressed by the number of students who have joined the campaign in recent years. Phonathon volunteers received a complimentary dinner for their help. Program Explores Constitution and Foreign Policy by Shelley Rene Rice "By what we do and by what we leave undone, each of us has a genuine effect on history. Each of us makes a difference, and each of us is to take this responsibility to heart. Democracy will not work unless we do." Arnold Toynbee, a British Historian. Foreign policy issues are an integral part of our daily lives. Not a day goes by without some media coverage of some foreign policy issue. Wouldn't you like to know thereal facts, or at least be more informed? If we as future policymakers and leaders are to make enlightened, intelligent, responsible decisions that will affect citizens of the United States and the world, the need to be betterinformed is critical. Increase your understanding of a wide range of critical world developments and their consequences for every American by participating in GreatDecisions '87, a study/discussion group. The GreatDecisions'B7briefing book (a mere $6 investment), written by the Foreign Policy Association, will provide the only material needed to take part. Great Decisions provides clear, nonpartisan information on vital foreign policy issues. It fosters public discussion, awareness and an increase in public participation in foreign affairs. Great Decisions '87 will celebrate the Bicentennial of the United States Constitution by featuring as its first topic "The Constitution and Foreign Policy: The Role of Law in International Relations." The article discusses why the founding fathers, in 1787, chose America's unique system of government; how their decision to divide foreign policymaking responsibility among the executive branch. Congress and judiciary has influenced recent decisions on military action and treaties; and how the Constitution has affected the United States compliance with international law. Each of the other seven articles pays special attention to provisions in the United States Constitution that affect the particular foreign policy topic. The Foreign Policy Associa- tion was founded in 1918 but launched the first Great Decisions program in 1954. This is the 33rd year of this national, nonpartisan study/discussion program offering an opportunity to become better informed on eight of the most important foreign policy issues facing the United States. The Foreign Policy Association strives to present facts impartially. Before publication, each manuscript is Phone Phiasco The remaining $3,015.60 represents calls and equipment charges which have accrued since May, 1986. Payments for the more up-to-date phone bills must come from money which SBA does not currently have. Unallocated money normally exists in the form of the Beginning Cash Balance, which represents the surplus funds of the previous budget year. From this sum, which initially totalled $9,000, SBA had to pay off the debts of last year's Commencement Committee, which went considerably over-budget, and the debts of the yearbook. SBA also paid off the back-logged telephone bills, leaving only about $2,000 in the Beginning Cash Balance. Frederick Wood has indicated that telephone service will not be restored until SBA's bill is paid in full. Although he maintains that he "[does not] like to terminate people's service," reviewed by at least four outside experts for accuracy, interpretation, balance, organization, clarity and objectivity. The Foreign Policy Association presents varied, recognized policy options but does not advocate any. It informs and interprets, but it does not take sides. It presents history of world affairs as well as a digest of current events. It not only tells what's happening, but why and what it means to you and to the country. Great Decisions encourages citizens to study the facts, be receptive to a broad spectrum of views, and draw their own informed conclusions. The participants in the Great Decisions program can let the nation's leaders know what they think the course of the United States foreign policy should be. After reading and discussing the background information and options for United States policy on each of the eight topics, participants are invited to express their own views on the opinion ballots which are bound in the Great Decisions book. The opinion ballots are sent to the Foreign Policy Association where the nationwide results are tabulated. The National Opinion BallotReport is prepared withthe assistance of public opinion analysts and copies of the report are sent SBA simply had "too much money outstanding," and the phones had to be turned off. However, both he and Michael Day indicated that they might be willing to negotiate a system of payment. Although several warning letters were apparently sent to SBA, the Executive Board thought that further investigation of the bills was in order. "It was unfortunate," remarked SBA President Brett Gilbert, Toll Free the one hour program. "Governor Cuomo has proclaimed January 'Financial Aid Awareness Month' in New York to encourage students and parents to get the facts about all sources of financial assistance for the costs of higher education," said Dr. Cross. She added that January is the month when current and prospective studentsshould begin applying for federal and college-sponsored financial aid for the 1987-88 academic year, which begins on July 1. New financial aid applications for the coming school year are now available continued from page $ in high school guidance and college financial aid offices throughout the state. "The sooner the student applies, the better his or her chances are for receiving aid on a timely basis," Dr. Cross said. In proclaiming January Fi- nancial Aid Awareness Month the governor stated: "Access to postsecondary education is important to New York's future as a citadel of higher education and as a center for the developIt ment of high technology is fitting that the state with the first and currently largest stu- ... dent grant, scholarship and loan program recognize the importance that such assistance plays in the access, choice and utilization of postsecondary education." In addition to the hotline and television program, NYSHESC and NYSFAAA will sponsor a state-wide series of free financial aid seminars for students and parents. The schedule for the seminars is: Wednesday, Jan. 28 7 p.m. at Kensington High School and Thursday, Jan. 29 7 p.m. at Grover High School. — — fense and the nation's media. This is one way "We The People" can help shape foreign policy. During February and March, in- dividuals of different communities and walks of life will meet to study and discuss the eight foreign policy issues analyzed in the Great Decisions '87 book. National radio and television programs on the Great Decisions '87 topics will be aired nationwide, featuring versity Women, and also at the Unitarian Church in Hamburg. TENTATIVE DATES AND TIMES Topic 1 Tues., Feb. 3 5 p.m. .... 5 p.m. 3 Tues., Feb. 17 .... 5 p.m. 4 Tues., Feb. 24 .... 5 p.m. Topic 2 Tues., Feb. 10 Topic The Constitution and Foreign Policy: The Role of Law in International Relations Defense andthe Federal Deficit: U.S. Needs, SocietyChallenges Egypt andthe United States: UneasyRelations Topic Topic 5 Tues., Mar. 3 Topic 6 .... 5 p.m. Mar. 24 .... 5 p.m. Mar. 31 .... 5 p.m. Tues., Mar. Topic 7 Tues., Topic 8 Tues., 5 p.m. 10 Attend — I wasn't going to pay so much money if I wasn't sure we owed it." SBA's main hope for raising the money to cover the bills involves raising the Student Activity Fee by $5 a semester. Such a move, if approved by the student body, will result in an additional $10-11,000 of revenue. Since all ofSBA's money comes from the Student Fee, the proposed hike appears to be the only solution. "but The Pacific Basin: Alliances, Trade and Bases South Africa: Apartheid Under Siege Foreign Investment in the United States: The Selling ofAmerica? Pakistan and Afghanistan: Storm Over Southwest Asia Dealing With Revolution: Iran, Nicaragua andthe Philippines Be Informed continued frompage I All of the student organizations which rely upon SBA for funding, including SBA itself and The Opinion, have been operating without telephone service for over a month. For the organizations which rely heavily upon their telephones for conducting business, the situation has proven to be inconvenient at best, or as Sara Nichols of the phone-less "In the Public Interest" put it, "It's been a real drag." Come to The Opinion Recruitment Party! WHEN: Wednesday Jan. 28—3:30 p.m. WHERE: O'Brian Hall Room 724 FREE WHAT: Pizza, Pop, Beer — January 28. 1987 The Opinion 11 �I I II 1 I J ■! k. 1 t=r= M *^^^^^BllS ~ Head Rep: [ H. TODD BULLARD 3rd. Yr. Head Rep. KEVIN COMSTOCK Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Kar P Katie Keib JaV Kennigsberg Alicia Lacappruccia Jay Lippman Dave Platt Rick Resnick Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg Jennifer Sanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica 2nd. Yr. Head Rep. BARRY STOPPLER Cora Alsante* Steve Balmer* Shari Berlowitz Mike Biehler** Mary Casey Melanie Collins Gail Ellington** Susan Gass** Susan Gigacz Lois Liberman *please contact these people about their status "associate reps 12 The Opinion January 28,1987 Bob Mcßride** Ramon Perez Josh B. Rosenblum Nancy Steiger Barry Stopler Lisa Strain Jim Teirney John J. Williams Dana Young N^S§* to inquire *^!v^^^ r^r^r � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-01-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 1/28/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/014f915b9a68d280bb36cdea693ff844.pdf fbce99c350a66cbdd605541151575653 PDF Text Text THE OPINION Volume 27, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 11, 1987 CLS: Searching for Some Alternatives by Krista Hughes First year students from Sections 1 and 3 were given the opportunity to express concerns and propose changes for the field of legal education. Three Critical Legal Studies scholars and the Law School's own Associate Dean John Henry Schlegel were invited to act as a Curriculum Committee and respond to suggestions proposed by eight groups of stu- dent presenters. Mary Joe Frug, from New England University, Duncan Kennedy, a full professor at Harvard, and Stewart Macauley of the University of Wisconsin were invited to UB to participate in a two-part discussion on Friday, Jan. 30. Two of the major themes of the morning session were a perceived need for more "prac- waste of time." Kennedy hypothesized that "the only way court-made rules from relevant cases. A lawyer needs to cial sciences-oriented. examine the context of the rule and the situation to which it might be applied, thereby using skills and knowledge of an extra-legal nature. tical" first year courses and a "Plausible arguments are the general dissatisfaction with the legal system, specifically, its domination by "middle-aged, key," stated Macauley. "We're looking at formulating an argument that is at least plausible enough so you can negotiate the case, which is what lawyers do," and this requires more than strictly practical legal training; "So therefore it seems to me that the most practical course in Law School is Sociol- upper middle class white males." Several students suggested that there is a need for a more practice-oriented approach to the teaching of first year courses, and expressed their fear that an interdisciplinary, "lawand society" approach will not leave them well-equipped to handle "real" legal problems when they leave law school. Stewart Macauley responded ogy of Law." Duncan Kennedy seemed to agree with Macauley's general theory, but suggested that "redesigning the curriculum is a Professor Joyce To Return in Fall by Paul W. Kullman Kenneth Joyce, currently in Albany on a one year leave, will return to his post at UB Law School beginning in August 1987, according to Dean Wade Newhouse. Newhouse said Joyce confirmed his intention to return to UB during a phone conversation the two had on Wednesday, Feb. 4. Joyce could not be reached for comment. Speculation arose last spring Professor that Joyce might not return when he accepted his current position as a research director of the New York State Law Review Commission. The commission is a nonpartisan organization that researches ambiguities and conflicts in New York statutes and recommends Prof. Kenneth Joyce. .. by expressing disdain for those students who enter law school thinking "I'm not interested in changing the world, I'm just in this to make money." He remarked, "[Those people seem] to be desperately in need of a law and society program." As for a strictly practical approach to teaching, Macauley remarked that a legal scholar could be a "master" of a classic legal treatise like Williston on Contracts and still not know all that is necessary to being a lawyer. His feeling was that there is more to lawyering than the direct appropriation of bare changes to the legislature. Upon accepting the position in Albany last spring, Joyce refused to say whether he would return to ÜB. "It's not likely that I would want to be at the commission for the rest of my life," he said at the time. "But it might be fun for awhile." He also said: "I feel a real pull to see through some of the things that have already been started at the commission, and even moreso to research the different approaches other states use to solve problems currently facing New York." Joyce, who has taught courses in tax and gratuitous transfers, had taken a sabbatical in the fall of 1985 to work full-time for the commission. While he returned to UB the following spring, he continued to work for the commission on a part-time basis, commuting back and forth to Albany at the beginning of each week. A graduate ofBoston College and Harvard Law School, Joyce served as a law clerk to the Supreme Judicial Court of Massachusettes and the U.S. Court of Appeals, District of Columbia Circuit before coming to ÜB. we could influence the school in the direction of a more social orientation engineering would be if we could influence the appointments process so that new people being hired would have PhD's in social sciences disciplines," and if they would say when they are being interviewed that they are interested in the social sciences. Consequently, it would be necessary that faculty mem- bers who are "influential on the [appointments] committee" hire the candidates who are soJohn Schlegel, Duncan Kennedy, Mary Joe Frug, and Stewart Macauley. Kennedy, however, expressed dissatisfaction with changes in such a direction. He proposed that the only way to change the current situation would be to effect "very radical structural changes." Instead of pursuing a distinctly social sciences or social engineering approach, Kennedy suggests that law schools adopt a "law and politics" approach to legal education. His specific sentiment was that the only way to ensure that a course is taught "right" would be to have it team-taught by "a leftist, a rightist and a centrist" who would be committed to emphasizing their respective doctrines, and would be dedicated to "fighting it out" with continued onpage 7 Memo Sparks Controversy Among Faculty by Kevin O'Shaughnessy A lack of faculty communication seems to have created a misunderstanding involving some members of the faculty and first year students in Section 2. The controversy cen- tered around the Jan. 30 sym- posium on Legal Education and a faculty memo sent by the Section 1 faculty on Jan. 23. The memo stated that the symposium was part of Section V's course on Perspectives on the Lawyering Process and the Legal Profession and would feature professors Mary Jo Frug, Duncan Kennedy, Stewart Macauley and Associate Dean John Henry Schlegel (who was asked to replace legal historian Robert Stevens). The memo went on to state: "The event will be divided into two parts: 1) an 11:00 a.m. meeting in Room 106 that will involve Section 1 and Section 3 studentsand the panel of guests, and 2) a 1:30 p.m. more general meeting hopefully to be held in the Moot Court Room .... and open to the law school community and the public that will involve our invited panelists on the general subject of the past, present, and future of legal edu- cation." Section 2 Professor Alan Freeman stated, "after reading the memo, I felt like our students were being excluded," and that "some of our students expressed concern over whether they were invited to the first Munger also pointed out that Section 2 Legal Professions Professor Philip Halpern "was gone all summer" and unable to sit in on the planning for the legal professions course. Section 2 Professor Betty Mensch discussed the memo with members of the Section 1 faculty and was assured that Section 2 was welcome to attend the first meeting on Friday morning. Subsequently, she invited the Section 2 students to the first meeting during her Thursday Torts class. that all the sections were invited and that the memo concludes with the statement: "We hope you will be able to attend all the events." He went on to explain that the Section 1 and Section 3 Legal Professions equipment charges was not paid. Argento sent the Telecom- phones if $6,600 in backlogged contioued onpage 7 Bar Association terest in sitting in, they would have been allowed." Professor off the telephone bills. Phone service was terminated on Dec. 15 when the UB Telecommunications Officefulfilled its threat to shut off SBA Student "I'm in- 1 Professor Fred Konefsky denied any attempt to exclude Section 2 from the first meeting and described the memo as "ineloquently written." Professor Konefsky stressed Section munications Office a check through Sub-Board for $3,400 on Dec. 18. However, Telecommunications Manager Frederick S. Wood refused to act until SBA's check cleared. Once the check cleared, however, the Telecommunications Office refused to reinstate telephone service until SBA forwarded an additional $500. Argento then sought the help of Michael Apa, head accountant for Sub-Board. Apa attempt- Treasurer Vicki Argento is in the process of working out an agreement whereby SBA will borrow enough money from Sub-Board I to completely pay Munger explained, terested in team teaching and I was allowed to sit in (on the planning of the Section 1 course)." He added, "I'm sure if anyone else had expressed in- meeting." Phones Revisited: You Want to Know by Krista Hughes After approximately two months of silence, ft appears that telephones in UB Law School student organizations may soon be ringing again. courses were similarly structured because Section 3 Legal Professions Professor Frank Munger had sat in on the planning of the Section 1 course during the summer. Calling the incident "an unfortunate oversight," Professor Dean Search Faculty Candidate Reasonableman Returns Letters . 2 2 5 8, 9 Black History Month- 10 Pine Lodge 15 �Is There a Potential Dean Candidate Right Here? by Krista Hughes According to Kyle Maldiner and Jim Hayden, student members of the Dean Search Committee, the first potential candidate for the office of permanent dean could be visiting the Law School within the next several weeks. The Dean Search Committee is currently considering three individuals, one of whom will be invited to partake in a screening interview with just the Committee. If the Committee finds that the individual has potential as a Dean candidate, it will invite him or her back for a second visit, this time including meetings with the rest of the faculty, the student body, and Central Administration. The Committee is keeping up with its commitment to exploring every possible avenue in its search for a dean for the Law School. While all of the potential candidates have at least "some connection" with the field of law, not all of them are currently administrators orteachers. At least one potential candidate is involved in the field of urban planning. In recruiting candidates from outside of the Law School the Committee has utilized several approaches, one of which was the placement of advertisements in various newspapers and journals. One such ad explains that "The Dean's primary role is to maintain the school's momentum toward distinction and leadership in legal education. Candidates should know and respect quality teaching and legal scholarship of all types, and should possess a deep commitment to improving legal education for a changing profession and society." Individuals with these qualifications are also being sought from within the Law School. Hayden and Maldiner remarked that faculty members of the Committee will be consulting with their colleagues to find out which of them,if any, would like a chance at being a dean candidate. Hayden and Maldiner indicated that the Committee's sentiment is that anyone on the faculty who wants to be considered for the deanship will be considered. However, there must also be a certain degree of "sensitivity" in the treatment of any potential in-house candi- dates, mainly due to the fact that there is more likely to be a sense of "hesitancy" on the part of any current faculty member who aspires to the office of dean. < Both Hayden and Maldiner agree that the search process is progressing smoothly, and that there is no evidence of the "fancy" downtown lawyers, who do not consider themselves fancy, "butting heads with teachers." Hayden remarks that he is "content with where we are now. We moved very well in December and January," but will "probably slow down in February" due to the necessity of doing additional research before extending any formal invitations. Maldiner agrees but does not foresee any major slowdowns, because there are "too many people [on the Committee who are] motivated by accomplishment." Candidate Cahn's Clinic Approach: Client-Oriented by John Bonazzi On Monday, Feb. 2,1987, law students were given the opportunity to meet with faculty candidate Naomi R. Cahn. There was a moderate turnout for this 45-minute meeting in the Faculty Lounge. Faculty candidate Naomi Cahn Cahn is a candidate for a clinical faculty position. She is presently in the LL.M. program in advocacy at Georgetown University Law Center, and expects to receive her degree this spring. She also is currently employed in a small law firm in the D.C. area, where she practices employment discrimination and family law. Cahn graduated from Princeton University in 1979 and then attended Columbia Law School. While at Columbia, she was both a Stone Merit Scholar and a Charles Evans Hughes Scholar. Her legal experience includes serving as a staff attorney with the Philadelphia Community Legal Services Corp. and as an at the Advocacy Fellow Georgetown University Legal Clinic. Cahn has gained teaching experience as a teaching fellow for civil procedure and property classes at Columbia Law School. She was also a fellow in the Georgetown University Law Center Clinic, where she taught a weekly seminar and supervised students. Cahn stated that clinical skills are important no matter what field students wish to pursue. Students can use the skills gained in their clinical experiences during their careers as lawyers. She defined the clinical experience as one that is heavily client-oriented, and said that being a lawyer is not applying rules so much as assisting a client in all phases of his or her case, including negotiation, discovery, interviewing, etc. In response to a question concerning her teaching interests, she replied that her main clinical interests are in the family, sex discrimination, and housing law areas. She also would like to teach seminars re- lated to those clinics, such as pregnancy discrimination and sexual harrassment in housing issues. Cahn showed that she didn't leave her sense of humor at home. As one student was leaving the meeting after asking about her interest in securities law and hearing that she had no such interest, she exclaimed: "You're leaving because I won't teach securities?!" Cahn appeared intrigued by the Buffalo Model and was pleasantly surprised to hear how much the students liked this school. She said that it was not her experience to hear of so many students actually liking the law school experience. SBA Questions Girth's New Policy Changes by Zulma A. Bodon There were three major items on the SBA agenda on Wednesday, Jan. 28: (1) Associate Dean Marjorie Girth's policy changes; (2) The GraduateStudent Association / Graduate Management Association split; and (3) Senior Week. As most of you know by now, Girth's new policy calls for her approval before a student can get an extension on a seminar paper. In the past, extension dates were agreed upon by the faculty member and the stu- dent; no further procedural steps were required. In addition, a conference is required before law school credits will be given for courses taken outside the law school. SBA President Brett Gilbert about expressed concern whether this policy change should have been discussed at the level of the Academic Policy and Program Committee (APPC). Gilbert raised two important questions: (1) Does Girth have the power to change policy without going through the APPC? and (2) what are the reasons behind the changes in policy? SBA representatives John Williams and Diana Harris, both members of the APPC, pointed out that the Committee has not met this year and that they do not know of any scheduled meetings for the near future. SBA plans to follow-up on this issue. Representative Jack Luzier agreed to draft a memo to be sent to Dean Wade Newhouse and Girth. The memo will request further information on the new policy changes. More specifically, it will address the question of whether there is any formal jus- 2 The Opinion tification for the changes and whether they could have been channeled through the APPC. The controversy regarding the GMA/GSA split was introduced by Sub-Board Representative Marc Potolsky in an attempt to get guidance from the SBA as to how he should vote on the proposed division. The GMA has been functioning within the umbrella of the GSA. GMA wants to secede from the GSA and form its own student government. The GMA representative, Kristine Barczak, explained that the particular needs of management students have not been adequately represented by the GSA. The management students, she said, believe that they can be a more effective organization if they become independent. They feel that their student body is suffi- ciently large (900 students) to deserve autonomous recognition. very much involved in this controversy. The GSA maintains the administration is simply trying to interfere with the decision-making process of their group by setting up the rules under which an organization can achieve independence. The real danger, Bartochowiski explained, is that fragmentation tends to diminish the political strength of the GSA and of all other organizations. The SBA disagreed with the GSA position. By a vote of 10-1-1, they gave their support to GMA's effort to become an au- change policy without going through the appct by Susan Clerc Larry Basel has decided to run for re-election to the SBA directorship he lost early last month. An election meant to replace Basel and former second year director Nancy Steigerwill be held tomorrow and Friday, Basel and Steiger lost their SBA posts when each missed four consecutive meetings last semester. Running for re-election is his "only recourse" to his dismissal, said .Basel. Although he "knew about the clause" in the SBA constitution that requires removal from office because of repeated absences, Basel said that he did not expect to be dropped because the clause has "never been strictly enforced." Basel said that he was surThe GSA position, on the other hand, is that the split would establish a dangerous precedent. Oscar Bartochowiski, representing GSA, argued that the administration February 11,1987 has been flects the SBA's overall sentiment that a group which repre- sents a substantial number of people should have the right to govern its own affairs. As to the argument that the division would dilute the political power of the GSA, the SBA argued that by establishing good channels of communication and cooperation, both groups (and others) can unite whenever the need arises to take a stand against an issue of mutual concern. Senior Week is tentatively scheduled for May 8 through the 15. Julie Bargnesi, who has coordinated similar activites as an undergraduate student, will be the chairperson of the Senior Week. Bargnesi explained that the goal is to have a different event every day, and that each event will be organized by a different chairperson. Senior Week will be open to the entire law school community. Some ideas for events include: Miss Buffalo Cruise, luau, miniature golf party, barbecue and family night. Plans for financing these events are still.under consideration. Ousted SBA Rep Runs Again Feb. 12-13. "Does Girth have the power to tonomous entity. The vote re- prised when he received notice that he was being removed: "I wasn't aware of the fact that I'd missed If I'd been aware I'd missed three consecutive meetings, I would have arranged something" to stay in good standing. him because the procedure is "automatic" under the SBA Basel was also surprised because he told SBA President Brett Gilbert and other members of the board as soon as he became aware of the conflict between his schedule and the time set for SBA meetings. "[l] assumed there wasn't going to be a major problem because they were apprised of the situation [and I was told that] no official action would be taken," said Basel. constitution. Gilbert confirmed that the officers were aware of the prob- lem. Meeting times are arranged after elections, so there is no way for candidates to know whether they will have trouble fulfilling their commitment to SBA. A day and time are picked when "most people can make it," said Gilbert. "Last semester Larry happened to be odd man out." However, although they were aware of the time conflict for Basel, the board had to oust The constitution apparently lacks an appeal process and Basel must run for re-election to regain his position as third year director. Gilbert said he encouraged Basel to try for re-election because "he's a good planner and a senior. There's a lot of planning coming up for Senior Week and it would be nice to have some seniors involved." Basel said that he won't have a conflict with meeting times if he is re-elected. His absences last semester were a result of "desparately seeking employment" and working on a paper. Basel's chances of winning back his office are good; few petitions for candicacy have been picked up at the SBA office. If Basel's petition is the only one filed for third year director, no election will be held and Basel will win by default. �AS a first ■If* !■*•• YEAR LAW h HI fl STUDENT, DO fl| YOU ENROLL IN flf « A BAR REVIEW flf ■I H COURSE ON flf illll illP r |||||p y%y/% "HFARQAV"? rILMnoMY OF COURSE NOT... YOU INVESTIGATE THOROUGHLY. f|||p %§§P |jf lOIEPHION iv Mi.IIWER |jf yyyyy/ legal educational centers Z/yVTx BAR REVIEW COURSE AND MORE |fj SUNY at BUFFALO February 11,1987 The Opinion 3 �Harrow-ing Experience at English Boys' School Has Socialism Eton Away the British Empire — Tom Brown's Schooldays Revisited: A law student's account of "alienation" as presented to the Law and Marxism seminar class. by Henry Dickson At ages fifteen and thirteen respectively, on a blustery, bitter-cold day early in January, my elder brother Paul and I were packed off to Eastbourne College, an all-boys boarding school in a prim and proper re- sort town on the Sussex coast. There, ostensibly, we were to obtain a good education at one of Britain's so-called "public" schools, a preposterous appellation, since there is in fact nothing "public" about them, hard cash, not achievement, being the principal criterion for admission. Eton, Harrow, Winchester, Rugby, Westminister, Charterhouse the eldest, Eton, dating back more than — — five hundred years these schools were once the very stuff of Empire, many a prime minister having carved his name on Eton's oak desks, or taken his supper out of thecommunal trough at Winchester, where, until the early 'seventies, one's food was poured into scoops which had been carved out of the tables, like so many little craters, at which the junior boys sat for meals. Eastbourne, at a mere one hundred years old, had no prime ministers to its credit, but like its more venerable counterparts, it, too, had its own peculiar mores and traditions, to which it clung fiercely, the fact of its being a "minor" public school having no bearing on the extent to which it contrived to dehumanize its students. Then, as now, there was a nasty little secret among the English upper-middle classes or those who aspired to consider themselves such that one of the enduring benefits of such an education, if you could afford it, was that it got the kids out of the way for roughly eight months out of every twelve, freeing one's parents to do whatever it was that one's parents did when their children weren't around to make life difficult this bonus, of course, being secondary to the schools' main mission to separate the sons and daughters of the well-to-do from the common rabble, a separation upon which the very fabric of the British way of life has vitally depended from time immemorial: for our purposes, 1440, when Henry VI founded Eton. The desire to be away from one's children wasn't true of all parents, of course; but of many, mine included, it was; Numbers of children started out as board- — — .. — ers at "preparatory" school — "public the precursor to school at the tender age of six. Paul and I hadn't begunthat early, not on account of any undue reluctance on our parents' side, to be parted from their offspring, but by virtue, chiefly, of my father's financial problems. Nevertheless, Eastbourne was to be, for both of us, our second boarding school, the combination of getting shot of us, on the one hand, and a hefty tax deduction on the other, having proved once again to be quite irresistible. Having thus subdued their baser, parsimonious instincts, — 4 the parents loaded us and our baggage into the family car, and we headed down to the Sussex coast. Throughout the journey, we sat anxious yet resigned as our parents explained naturally without being so gauche as to mention any figures how much this venture was going to cost them, and how much it mattered, therefore, that we towed the line, tried hard, and did well. We — — was a nasty little name of Perrens, a former English upper-middle classes — or those who aspired to consider themselves such..." looked like a couple of cherubs, dressed in our serge, navy-blue suits, dark ties, stiff white shirts (complete with the obligatory detachable collar, which meant that one could save on laundry by changing the collar more frequently than the shirt), and black, lace-up shoes (roundtoed), this solemn, unmistakably funeral attire being the regulation "Sunday best," purchased the previous week from Harrods of Knightsbridge, the official school outfitters. Strict adherence to the school's dress code, down to the last cufflink, was a matter of the utmost importance, the slightest deviation from the official uniform being looked upon as a sign of anarchy, at odds with the dictates of good order, discipline, and "school spirit," without which our sceptered isle and her rapidly diminishing far-flung dominions would collapse overnight, every school regarding itself as the last bastion of Empire, a buffer between civilization and a return to the jungle, otherwise as to "socialism." To forestall such anarchy, parents were politely but firmly admonished that any articles of clothing or other belongings not conforming to the school's precise and painstakingly detailed requirements would be returned forthwith — by Parcel Post at the parents' expense. Needless to add, this was not an expense that my parents ever incurred On our arrival, we were ushered into the housemaster's study, where we were as the British quaintly put it to "take tea," the usual concoction of buttered scones and thinly sliced cucumber sandwiches, of which I pretended to partake as best I could out of a by-now deeply inculcated sense of — — propriety. As with all the public schools, Eastbourne College was sectioned off into various "houses" which were scattered about town, gaunt, red-bricked Victorian buildings, each with its own housemaster and house tutor, each having its own folklore, and the incumbents of each being immediately distin- The Opinion February 11, 1987 ganizational units, but they also served as the predicate to all kinds of inter-house activites of The housemaster was a squat but affable-looking man by the secret among the referred more or less self-contained or- an insanely competitive nature, ranging from rugby football games and cross-country runs, to debating contests and singing competitions. "Then, as now. there politely guishable from those of companion houses by the color of the "house tie," worn on every day of the week except Sundays, when the same tie was worn by all. "House spirit" being fostered almost as zealously as "school spirit" (save on Sundays, when the Lord's spirit prevailed), the houses not only functioned as discrete, Squadron Leader in the Royal Air Force, heavily decorated, the rumor had it, for flying' a under Spitfire backwards enemy fire from Dresden to Cologne during the Second World War. And was I ready to begin school tomorrow, he wanted to know, to which I lied that I was, only to get a horrified look from my mother, which look, I later learned, derived from my failure to refer to the good master by his proper title "Sir." Tea finally over it lasted an and the parents deeternity parted into the night, Paul and I went our separate ways. Although we did not realize it at the time, there was an unwritten rule (as all the most oppressive rules in such institutions tend to be) that boys of different ages, and hence in different "forms," did not associate with each other any more than was absolutely necessary, even when they happened to be brothers. Paul had been assigned to a room popularly known as "The Elephant House," whereas, I, the younger, had been assigned to the rather more prosaicallynamed "Preproom," a vast barn of a place with fluorescent lights suspended on chains from a cavernous ceiling, a long, dilapidated table in the middle, and wooden cubicles around the edges, consisting of a shelf, a desk, and a chair. Draped across the openings of these rather roughshod studycarrels were brightly colored curtains, which at once afforded the only vestige of privacy, and the only expression of individual taste, that the system in its infinite wisdom saw fit to allow to the as yet unmolded members of the first form. It was coming out of the preproom, some half hour later, that I first encountered the prefect, Steven Proddow. Prefects were the senior, sixth-form boys or at least those among them who had demonstrated sufficient quantities of "leadership," "responsibility" and sadism to be so appointed and to a first-former such as myself, they seemed to wield almost plenipotentiary powers. Rare it was, for example, that a master ever administered corporal punishment, this unseemly task being delegated almost entirely to the prefects, any one of whom had carte blanche to beat the living daylights out of you on the merest whim. Eastbourne being a "progressive" school, as public — — — — — schools went, it did not permit its prefects to use the cane, restricting them rather to the use of the "slipper," usually a gym shoe, with which many a prefect, with consummate skill, was nonetheless able to inflict the most excruciating pain, doubtless the upshot of many hours of private practice, using pillows as facsimiles offirst-formers' backsides. Some prefects, moreover, had contrived to acquire canes of theirown usually from the bamboo bushes that grew in the back and these were used with gay abandon, none of the younger boys ever daring to complain, — — (ratting, in the British public school system, being the ultimate treason, and for this reason strongly discouraged by masters and prefects alike.) Although not yet eighteen, Proddow towered over me like a colossus. Already he had the beginnings of a beer gut, and was universally known for being mean. As I was about to turn the corner into the common room for a quiet read, he let forth at me at the top of his lungs. "YOU, BOY, WHAT'S YOUR NAME?" "Dickson, Sir," I replied my trembling, recollecting mother's withering look an hour or so earlier. Proddow sniggered, malevolently. "Yes little scum," he screamed, "yew don't call me 'Sir,' is that clear? Yew call me Proddow, got it?" "... the second time I passed & therefore assumed the obvious distinction of becoming a fullyfledged Jag' ..." "Yes Sir, I mean, Proddow," "May I go now?" Proddow looked as if he were about to explode. "No, yew may not go, yew ikey little bastard." By this time, another prefect had joined him in the corridor, doubtless lured by the promise of impending blood. Proddow leant towards my ear, as if to whisper something confidential, then screamed "BUTTON UP THAT JACKET!" Having enjoyed the abject ter- I assented. ror he'd instilled, Proddow thereafter warned me that I'd better learn the rules if I wanted to keep my head attached to my shoulders, the rule in this case Qj again an unwritten tnat first formers must keep their jackets with just the being one — middle button done up, and only third formers and above being allowed the enviable luxury of being able to parade about the place with all three buttons undone. There was still in force at that time, at virtually all the public schools, a time-honored system of what amounted to institutionalized slavery, commonly known as "fagging." Paul of course escaped, since he was too old, and had already put in his time at a previous school, but escape I did not. First, there was the mandatory "fag's test," a nasty little hazing procedure in which one had to recite, from memory, such arcana as the masters' nicknames (and they all had one) before a roomful of prefects. I failed the first time round, and was grounded as a result, but the second time I passed and thereafter assumed the dubious distinction of becoming a fullyfledged "fag," which meant that I was then assigned to a prefect, to clean his study, polish his shoes, fetch "tuck" from the tuck-shop, and so forth. I was landed with someone called Perkins, a vicious, blonde haired, mealy-mouthed individual with acne vulgaris, who happened to share a study with Proddow. Within two weeks, I had been taken out to the bicycle sheds and flogged soundly for omitting to empty Perkin's teapot. Shortly thereafter, the prefects had a private conference, at which they decided to institute an especially pernicious system known as "tick fagging," on the extremely doubtful premise that many of the fags were having it too easy, and that it was time to teach us a lesson. A "tick" being the English a equivalent of checkmark, the system worked as follows: every break-time, between classes, we were supposed to hang around in the preproom, waiting for a prefect to yell "FAAAAAAG!" The first one there would get the errand, and, depending on such variables as one's demeanor and attitude, one's degree of obsequiousness, the cleanliness of one's shoes, and so on, one would thereafter be rewarded with so many "ticks." Provided you managed to amass thirtyfive ticks in a week, you were okay, since that meant that they weren't going to take you out to the bicycle sheds and ceremoniously beat the shit out of you for being, as they put it so poetically,an "indolentswine." After the first day or two of this novel approach to the business of education, I began to hang out in the washrooms, (continued on page 7) 4l» Scveath Averac. Mte 62 New Voffc. New York 10001 (III) VH-tm (101)«J-M4J__ �Cuomo to Place SUNY-CUNY Among the Top 20 by Mario M. Cuomo New York has long been known for the quality of its universities and colleges. Each year we attract tens of thou- sands of students from other states and countries who wish to take advantage of the opportunities provided here and who wish to contribute to our strength in the process. Leading universities in the independent sector, such as Columbia and Cornell, are regularly listed among the top 10 recipients of federal research and develop- ment funds, with the University of Rochester and NewYork University following not far behind. New York's educational institu-tions are nationally respected, and they serve as centers for economic development across our state. We must continue to support and enhance these efforts. It is now time to give our public institutions of higher education that extra margin of support which can allow them to enter the front ranks as well. One quick look at our sister Governor Mario Cuomo. state, California, drives the point home dramatically. In addition to the high rank of Stanford University, there were five units of the University of California among the top 20 public and private universities ranked by total research expen- ditures. Neither our State Uni- ments that will in no way diminish the quality and strength of the leading universities in the independent sector. Our competition is on the national and international level, both for federal and corporate support. I am particularly heartened by the cooperation that has occurred versity nor the City University yet has one campus in the top 50. between SUNY, CUNY and our As systems, the State and NYSERnet, the New York State Education and Research Network, the new National Center City Universities are relative newcomers to national research competition. For most of the last century, many of the institutions that now comprise SUNY were the trainers of outstanding teachers for our schools, and the City University's undergraduate preparation of high quality students without regard to their financial ability was and remains legendary. But for a wide variety of reasons, our public institutions were effectively barred from graduate education and its related research endeavors. This year, we will work for improvements in the ability of the State University and City University to excel in graduate education and research, improve- Financially Speaking— York students are the maintenance of SUNY and CUNY tuition at affordable levels and our support of the Tuition Assistance Program, which now exceeds $400 million and is the premier state-financed student aid program in the nation. In sharp contrast to repeated leading independent research universities on such projects as efforts of the federal administration to slash funds available for student grants and loans, TAP has increased by almost $100 million in the past four years. In the face of rising college costs that threaten the ability of low and middle income students to attend any institution of higher education, let for Earthquake Engineering Research at SUNY Buffalo and the Center for Theory and Simulation in Science and Engineering at Cornell. Nor should our long-term goal of bringing at least two campuses into the top 20 public sector recipients of federal funds in any way diminish our commitment to see that they maintain their special role as public institutions by promot- ing the widest possible access to higher education, both at the undergraduate and graduate levels. alone the institution of their choice, we shall further restruc- ture TAP program awards, including adjustment of TAP in- come classifications for 1988-89 required as a consequence of the new federal tax legislation. Additionally, our Scholar- ships of Excellence Program will continue to recognize and encourage talented New York students to pursue their education at public and independent colleges and universities in New York State. The main ingredients for ensuring full opportunity for New by Kathy Peterangelo Johnson How to Tell If You Are Financially Independent Every year around this time, most frequently asked question I encounter is "How do I get myself to be independent?" Well, this year a new definition of independency has been developed which will make things a lot easier for you to establish yourself as independent for purposes of finanthe cial aid. What's the difference between independent and dependent students? The FAF (Financial Aid Form) calculates a Family Contribution (FC) which the school uses in determining your eligibility for NDSL, CWS, Summer CWS and the GSL. The FC is based upon asset, income, and family information as reported on the FAF. If you are dependent, the FC is made up of a parent contribution and student contribution. If you are independent, your "family" includes yourself (spouse and other dependents on you). It does not include your parents' information. So, if you are independent, you will be lower in most cases, thereby increasing your eligibility forfinancial aid. I'm sure that all of you remember answering 'yes' or 'no' to those three infamous questions pertaining to parental support, living with your parents for more than six weeks during the year, and being claimed as an exemption on their tax return. Answering just one question in the affirmative meant that you had to include parental information when filing the FAF because you were considered dependent. Section Con the FAF for 1987- --88 establishes your student status on the form. If you are 24-years-old (born before January 1,1 964), you are considered independent even if you are claimed by yourparents on their taxes or live with them or receive support from them. Once you've checked that you are 24, you can skip the rest of the student status questions and begin to complete the grey independent questions on the FAF. Independency can also be automatically established if you are a U.S. veteran, an orphan or ward of the court, or if you have legal dependents on you tions in the tan areas once you are considered as independent. However, if you wish to be considered for a partial tuition waiver called G-Mold, parent information must be included for both independent and dependent students. If you are independent and wish to be considered for G-Mold, please realize that the parent information will only be used to assess your eligibility for that program alone. TAP has a different definition of independency. Therefore, it is entirely possible may be classified as an inde(continued on page 7) other than a spouse (for exam- ple, a single parent). If none of these categories apply to you, you can still be considered as an independent student if you certify that you will not be claimed on your parents' 1987 tax return (not the one being filed now, but the one that will be filed in 1988!). Once your independency has been established on the FAF, you will answer all questions in white and grey. If you are dependent, you will complete the questions listed in the tan and white sections. NOTE: You are not required to answer any sec- Kathy Peterangelo Johnson. REASONABLEMAN !H LATER... maatmm* WStmf HHil/ if Mr f \ WHERE could \ \\ Zs?T?*i!::i \i ) ) siAvllnvS) II jfflf/ WAtf! WE INTERRUPT TVIS COMIC STRIP FOP. 4 SPECIAL "RMsonableman* futile! can you spot the u.b. professor. HIDDEN AMONG WE M™ CENTURY POLITICAL PHILOSOPHERS'? Find the Freeman! m ■*? W&m WOA lfSS§4 %s^ February 11, 1987 The Opinion 5 �IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. / So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 lllii, PIEPER NEW YORK-MULTISTATE <* BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN 6 The Opinion i February 11,1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE �Phones . . . continued from page I ed to intervene on behalf of SBA but found that the Telecommunications Office would not "budge" until they received SBA's check for the additional $500. While Apa was extremely sympathetic to SBA's predicament, he was unable to con- vince the Telecommunications Office to turn the phones back on. Apa was even considering enlisting the aid of Edward Doty, ÜB's vice president for fi- nance and management. Apa said that all of ÜB's student organizations had problems due to a year lag in telephone billing. However, he does not understand "why Telecommunications is being so unreasonable with SBA." Because of Governor Mario Cuomo's 1984 order that all New York State agencies pur- equipment bills in June of 1986, suddenly found itself owing the Telecommunications Office $6,600. Due to a tight budget situation, SBA did not have enough funds available to pay the entire bill. Argento hoped that the payment of over chase their own phones, the and telephone company stopped billing those customers for equipment. The Telecommunications Office suddenly found itself, at the beginning of 1986, owing for the cost of phones. It was subsequently forced to create its own bills for equipment and bill them all at once. half of the bill would encourage Telecommunications to turn the phones back on again. Apa thought that those payments SBA was deluged with 1985 "should at least demonstrate good faith" on the part of SBA, and an intention to pay the rest of the money. As long as the acting president of Sub-Board approves the proposed loan arrangement, SBA will soon have the $3,100 necessary to pay off the rest of the telephone bills. Argento estimated that phone service could be reinstated sometime the week of Feb. 16. Survival continued from page 4 which were a few yards closer to the prefects' studies than was the preproom. One breaktime, the cry went up, and I got there first, a rare achievement for someone for whom running of any kind, and for any reason, tended to be anathema. My summoner was Proddow, standing stark-naked in the shower, a disgusting sight if ever there was one, holding out a bone china cup in one hand, and a teaspoon in the other, its handle extended directly towards me. Sitting on the benches nearby were half a dozen prefects, who began to cough and splutter. "Yes, Proddow?" I grovelled. He looked at me with unspeakable disdain, than hissed at me, like a snake, spitting out his words with impeccable diction: "Stir my tea, yew ikey little bastard." No sooner had I left than the shower-room cracked up in fits of uncontrollable laughter. After a few weeks, the tick system stopped abruptly, one of the boys having alerted his obviously sympathetic parents as to what was going on. Fagging, however, continued, although by the time I became a prefect it was on the way out, boys in the sixth form beginning to address boys in the first form by their first names, and sometimes vice versa as well. Times were changing, although many believed that the change was for the worst, a symptom of creeping socialism. Even now, there are those who insist my mother among them that the old system was good. And why? Because — — CLS The obvious solution for this problem is to infuse the faculty of this or any law school with more women and more minor- "social responsibility." In connection with the students' desire for more practical courses is their professed need for career guidance. Mary Joe Frug responded that "you are probably getting career guidance, but you don't like what you are getting." The "guidance" she spoke of is guidance from the perspective of the ities. Duncan Kennedy's proposal isfor student organizations to use some "muscle" to "increase the quantum of affirmative action." The specific program he endorses is that"all the new hires, for however long is necessary, should be the hires of the best qualified minority and women candidates that we can find, until women and minorities constitute a reasonable and very substantial proportion of all the people on the übiquitous middle-aged subur- ban white male. Non-whites and non-males generally find that such a perspective is neither appropriate faculty." Kennedy is passionate about the issue of affirmative action, which he sees as "a deep, difficult, tough issue." Commitment by law schools to " 'the way it's been done' has produced a system in which women and minorities don't have a real voice," and this has greatly hurt the quality of legal education. He said that "what we white males would lose [by encouraging more women and minori- pendent on the FAF while being considered as dependent on the TAP application (which, by the way won't be available until May). Lastly, no matter what your student status is, you must file the FAF to be considered for NDSL, CWS, Summer CWS, and the GuaranteedStudent Loan. The FAF can be obtained in my office, or at eitherFinancial Aid Office. If you wish to be considered for NDSL, CWS or Summer CWS you should mail in ties in the legal profession] is grossly exaggerated." Kennedy essentially summed up the CLS attitude toward changing the status quo, because in instituting such change it would be "amazingly easy to deliver as good or substantially bettejr legal education." Like To Write? Like To Meet People? Like To Take Pictures? and Perkins tomorrow, I should be sorely tempted to spit in their eye, just for old time's sake, were it not for the fact that they didn't create the system any more than I did. Of course, the same may be said of Hitler's Germany, but there's another reason, too, for my reticence. Proddow and Perkins both are probably still a good bit bigger than I am, and they might spit back. I Financially Speaking . . . . continued from page I each other. It is only with this kind of basic educational structure, suggests Kennedy, that future lawyers may develop their nor desirable. we survived, I survived, to tell about it. But as one who went through it, it is hard to conceive of another system which could have done as much to degrade and dehumanize children, to destroy theirspirits, and at such an impressionable age, as did the venerable system of "fagging" at the British public school. "Only hate can flourish in an atmosphere of fear," says A.S. Neill of Summerhill fame, and I'm inclined to think that he's right. I also think that were I to bump into Messrs. Proddow continued from page 5 your FAF no later than February 16, 1987. There will be a more detailed letter placed in all first and second year mailboxes explaining the application procedure for financial aid for next year. Since 90 percent of you receive some type of financial assistance, I encourage you to read this letter carefully. And, as always, please stop by if you have any questions pertaining to financial aid either for this year or for next. jKwfcP^^S' Then We'd Like To Have You On Our Staff Come Work For The Opinion This Semester D Writers D Photographers D Cartoonists s£m A SECRET VALENTINE IZ | fav/Vhrf f MESSAGE w COOKIE || '•v To keep your secret, we will deliver y9? *y P | onmno w V upon request within the Law School For details, stop hy front of Law Library Feb. 11. 1 y 3 L_\u «s *«•*«•,**« ttEEtt 2. 13 February 11,1987 The Opinion 7 �OPINION SIS" STATF UNIVERSITY OF YEW" TORK AT BUFFALO SCHOOLCF LAW February 11, 1987 Volume 27, No. 9 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Zulma A. Bodon John Bonazzi, Diane Dean, Brett Gilbert, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain Contributors: Henry Dickson, Michael Kulla, Moira Maloney Peter Strong, Michael Gelen Staff: c Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academicyear. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. The Opinion Mailbox The Increase in Activity Fee: It's a Small Price to Pay diversity of student services As most of us know, there will be a student referendum on February 12 and 13 concerning a proposed $5 increase in the Law School student activity fee. The SBA Board of Directors voted to limit the participants in the referendum to first and second year students since they will be the people who will pay the extra amount should the referendum pass. This letter seeks to stake out why many of us believe the proposed activity fee increase is justified. The SBA has recently been deluged with a number of bills which had their origins in years Telecommunications Office screwed up our entire \past. ÜB's budget when it started billing us for charges they claimed Editorial Where's the Due Process? — Due Process the right to fair notice and the opportunity to be heard; a concept which we as law students are introduced to from day 1 and whose importance is constantly emphasized. It's also a concept that seems to have little meaning at this University outside of the Law School. Take the following as primary examples. First there was the parking lot appropriation by the University. With no prior notice, the University suddenly designated two substantial tracts of land once available to all on a first-come, firstserve basis as "faculty only." Student protests fell upon deaf ears, though the University claims it is still "studying" the prob- — — lem. Then there was the attempt by the University to appropriate library space at the Undergraduate Library for a new college; the result being a greater influx of students into other University libraries, in particular, the Law Library, where space is already at a premium. Again, little notice was given before the administrative wheels began to turn in another steamroller maneuver. Fortunately, there were those from within the library administration, like Law Library Director Ellen Gibson, who were able to point out the significant repercussions of the University's attempted undertaking. The proposal has since been tabled. Most recently, there has been the phone fiasco, which has forced all Law School student organizations to go without phone service since Dec. 15, 1986. The UB Telecommunications Office said the Student Bar Association failed to pay $6,600 in overdue bills and equipment charges. Fine. No pay, no say. But the Telecommunications Office failed to give any prior notice to the various organizations that phone service was being terminated. Furthermore, it failed to give SBA adequate notice that such an enormous bill was outstanding. On May 19, 1986, SBA received what amounted to a year-old phone bill for nearly $300. Two days later, SBA got socked for another $900 which again, apparently accrued in 1985. Less than a month later, SBA received another 1985phone bill. Shortly thereafter, on June 11, 1986, SBA started receiving bills for 1986. When it rains, it pours. And in this case SBA was deluged with $6,600 in bills with no prior warning and with little initial explanation. Even Noah got some prior warning before the Great Flood hit. SBA Treasurer Vicki Argento arranged to forward a check for $3,400 to the Telecommunications Office via Sub-Board on Dec. 18. But this wasn't enough to prevent the phones from being disconnected on Dec. 15. Once the check cleared, the Telecommunications Office refused to reconnect the phones until an additional $500 was forwarded by SBA. Again, there's nothing like a little notice, especially after your right to be heard has been squelched. Argento said a deal has been negotiated with Sub-Board whereby it will loan SBA the necessary funds to pay off the outstanding balance due to the Telecommunications Office. If we're lucky, according to Argento, phone service may be reconnected by Feb. 16. So much for Due Process. Anybody got a quarter so we can call an attorney? we owed them from years ago; a yearbook bill which was supposed to be paid last year had to be paid this year; last year's commencement committee overspent their budget and we had to pay their bills this year. As a result of all of this, our off-theemergency books account (which Sub-Board requires us to have) has been all but depleted. This account simply must be repopulated. A small increase in the activity fee will achieve this. Every year, new organizations and projects seek SBA funding. Since the activity fee has not been increased for a number of years, more and more projects have been funded while our income has remained the same. This inevitably leads to a decrease in the within our Law School. We believe that maintaining a diversity of student groups enriches student life and that this is worth paying a little more each semester. Our Law School prides itself for having students of varied backgrounds. One group of students deserves special mention those law students with children. Law school can be difficult enough without having to deal with a three-year-old, day in and day out. The SBA should support these students by actively contributing to the University's Child Care Center, — especially since the University administration contributes nothing except a room. However, the current SBA budget is unable to adequately help the Center. With an increase in the activity fee, a reasonable contribution from SBA would be possible. Each semester, an increasing number of students seek to attend national legal conferences. The participation of these students at such functions helps increase the visibility of our Law School amongst the legal community. Surely, this is a benefit to us all. Currently, the SBA can only fund a small number of students for only a fraction of theirtravel expenses. We believe that an increase in the support SBA can give students in this area will help increase the overall prestige of the Law School. The money SBA has spent for remained constant for some time now. Since students pay for a large portion of their graduation ceremony, an increase in the activity fee will mean better graduations in years to come. Graduation will probably be the last event you will remember from this place; we should be able to throw a great party. Finally, there are all the little things. The film series we would have loved to have had this year; one or two speakers throughout the year; better SBA parties; more furniture for the student lounge. We could do so much with just a little bit of an increase in the activity fee. Our activity fee is one of the lowest (if not the lowest) in the state. Most schools have an activity fee two to two and onehalf times that which we have. The SBABoard of Directors has called for a $5 per semester increase in the activity fee (it is currently $20.50 per semester) because they believe this small increase will greatly improve student life here in O'Brian Hall. We urge you to support the referendum on February 12 and 13. In any case, please vote. Whatever the decision, it should be made by all of us. Brett Gilbert President, SBA Jack Luzier Vice-President, SBA Vicki Argento Treasurer, SBA Karen Buckley Secretary, SBA commencement each year has King Responds to Attack on BLSA's Speaker Policies This letter is written in response to a letter published by the Opinion written by Spencer Feldman, entitled "BLSA Endorsement Question," dated December 3, 1986. to addressing the rhetoric in his letter, it must first Prior be made clear his facts were completely wrong. The Black Law Student Association never given funds to bring Minister Louis Farrakhan to Buffalo. (Check SBA records.) Also, his accusation thatBLSA is anti-Semitic is a racist statement. Jews are not the only Semitic people. Certain Moslem sects, Afro-Asians, and other people from the Middle East region are Semitic; to think otherwise would involve a racist mentality. BLSA does not have sentiments against Jews or other people characterized as Semitic. Initially, Mr. Feldman seemed upset that BLSA would endorse (BLSA) has the presentation of Ms. Adrian Wing, a member of the National Black Lawyer's Conference. I am curious as to why? Is it because she presented facts that make it clear that Israel remains South Africa's number one supplier of arms and also one ofSouth Africa's largest trading partners? Or is it because she carefully analogized the treatment of Palestinians in Israeli occupied territory as to that of Blacks living in SouthAfrica? Of course, he could not possibly know the answers to these questions because he did not attend Ms. Wing's lecture. Mr. Feldman suggested that BLSA not hide behind the First Amendment (freedom of speech, association, etc...) to defend its endorsement. His assumption we would hide behind anything is gravely misplaced. What BLSA does or attempts to do is eradicate exploitation of Black people, both here and abroad. If Black people are going to be free, we have to control our own organizations, control our own artists, control the wealth that's in our community, and whoever is exploiting our ineffectiveness in this area right now. We have to stop this. If this means we have to go against Jewsthat are exploiting us, some other whites that are exploiting us, Arabs that are exploiting us, Koreans that are exploiting us, and some Blacks that are exploiting us, we must do it if we are to be free as a people. Finally, what I suggest Mr. Feldman is that you no longer hide behind the ambiguous response of anti-Semitism when someone is being critical of youractions (not your race), and be prepared to promote the facts. Sincerely, Garry King Yearbook Needs Your Help Yes, it looks like UB Law School will have a yearbook again this year. But the quality, to a certain extent, will depend on the creativity and diligence of all of us. We need as many candids and general photos as we can possibly get. This means any photos you have that may re- Pageeight The Opinion February 11,1987 late to this school and its members is very welcome and highly appreciated. This particularly includes first and second year contributions. This is your yearbook too!! You can leave these with me (Jack Luzier, box #710) or Bernadette Davida (box #625) in an envelope. Please leave a name and number on theback ofeach photo if you want them returned. Finally, we can still use your time and help to do this right. Please drop a note if you are willing to help out; the more the better, and the merrier. Thanks. Jack Luzier SBA Vice President �The Boy Mechanic by Kevin O'Shaughnessy Grey Suits and Pinky Rings As I walked down Main Street, a smiling man in a shiny, grey, pinstriped suit came out of the Trico windshield wiper plant. His black totes walked him past the long line of beat up station wagons, family sedans and pick-up trucks. The smiling man nodded at me as he climbed into his new Chevy Blazer. This cheery, welldressed man seemed out of place standing near the dull browns and greys of the Trico building. I was on my way to the Central Park Grill (CPG's) to write a bar review and to examine a phenomenon known as the "Trico Lunch." The Trico plant stands approximately 30 yards from the bar, and every day the first, second and third shifts lunch there (at 12 12:30 p.m., 8:30 9 p.m. and 4 4:30 a.m. - - respectively). - When I entered the bar, the CPG's staff was busy preparing for the first lunch shift of the day. Certain tables and bar stools were reserved for longtime patrons. Whiskey shots and draft beers awaited the noontime onslaught generally consisting of 20 to 40 workers. The lunch crowd piled in to the theme music of the Eyewitness News at Noon. Flannels, denimsand leathers dominated the scene. The lunch time orders sent both cook and bartender scurrying behind the bar. Amid the lunch time blur, I noticed two men wearing pinky rings seated at the bar. They stood out because, like me, they were in no hurry to go anywhere. I found out later they were Trico union leaders. Sadly, this midday ritual is on the verge of becoming extinct. Trico has already closed two of its five Buffalo plants and has begun to move its operations to the Texas/Mexico border. A dark humor pervades CPG's during these lunches. "A lot of guys joke around about it (the move) by speaking inSpanish," said CPG's bartender and third year UB law student Elaine CPG's: a sixties bar that doesn't die. Pers. .. Trico "I blame the top brass andthe union the union got too much in incentives," declared retiredTrico employee Al Ross. "I worked there for 31 years before I was forced out in July of '85 because I was 70-years- .. old ,".he explained. Al used to bartend at CPG's during the early fifties when current owner Bob Brown's parents ran the bar (Bob's Aunt Marion still lives upstairs). Since his retirement, Al comes everyday to help clean up CPG's after the midday rush. "I figure the place (the Main Street Trico plant) will be cleared out by August.... they've already started moving the machinery out," he noted. "Ifthey save any jobs in Buffalo it will probably be at the main office (on ... Commentary Washington and Goodell Streets)." Although the Trico/CPG's relationship appears to be near an end, the bar is likely to survive the plant closing. An advertisement for a nearby gourmet-catering service, Take Out Marilyn, described CPG's as a "sixties bar that doesn't die." Monday nights "Jazz Jam," Wednesday nights "Shakin' Smith," and Saturday nights 10-cent wings and three dollar beer pitchers will insure the bar's existence. But the mix between student and worker will be lost. That mix makes both CPG's and the city of Buffalo interesting places. It's a shame thatthe two cannot outlast the grey suits and the pinky rings. by Shelley Rene Rice One Student's Perspective on Property Rights by Shelley Rene Rice My background, experience, and awareness of my cultural history affect the way I perceive things, events, people, and conversations. My brown eyes see images and my ears hear soundswhich have no meaning until my mind processes them through my reference material and data based on my experiences and my cultural identity, which are unique. During class lectures some students hear a discussion about Pierson v. Post, an 1805 case about foxes and hunters, or Hammonds v. Kentucky Central Natural Gas Co., a case about natural resources and gas companies. They hear the origins of property as an abstract concept, a purely metaphysical concept, as nothing but a basis of expectation. That expectation is the deriving of certain advantages from a thing which we are said to possess, giving rights to possession— using the force of law to guarantee the enjoyment of that which one regards as his/ hers. But what I hear are arguments that were probably used as justifications for slavery. According to the rule of capture, a property right in an animal or natural resource is acquired only by the possession thereof. Further discussion reveals that actual corporal possession was not the only means of obtaining a property right. Although pursuit alone vested no property right in the pursuer, the mortal wounding of a wild animal, "by one not abandoning his pursuit, may, with the utmost propriety, be deemed possession of him; since thereby, the pursuer manifests an unequivocal intention of ap- . propriating the animal to his individual use, has deprived him of his natural liberty, and brought him within his certain control.. rendering escape impossible." According to Webster's New World Dictionary this rule of capture/possession could be applied to people because "wild" means living or growing in its original natural state, and "animal" means any living organism except a plant or bacterium, typically able to move about. Imagine people defined as "wild animals" because they move about, living in their natural environment. Then along comes this hunter/pursuer/ slave trader with the intention of appropriating the "animal" to his individual use or benefit. More ridiculous is the fact that if he pursues and mortally wounds or deprives him of his liberty, the pursuer has the right to possession of the "animal." I wonder if that was actually the simple but ludicrous beginning of justifying the capturing and possessing of African people and then shipping them to different continents as chattel to the economic benefit of the slave traders and the personal service of the slave owners; to be the backbone that helped build the United States of America. These slaves/animals could not escape their servitude because they were property. Unlike foxes, which could become free by walking back into the wilds, the slaves were millions of miles from their natural environment. Therefore they could never use this rule of property law to their advantage. If a slave escaped to some property other than his owner's, the slave could not become the property of that person even if captured by him because according to property law, the slave was the slave owner's, no matter where the slave may roam. The slave, like a domesticated animal, was within his owner's control; after all the slave couldn't walk or swim back to his native land. Further reading disclosed that if an animal gives birth, its offspring becomes the property of the owner of its mother. Even a slave's children could not escape slavery. As I said when I listen I hear through my experience and cultural history. I select that which I can relate to and make associations. We all do this to some degree. One must use whatever means available to succeed through the process. More from The Opinion Mailbox ships from BPILP that you help apparently suspect class; that is, those who took the first year Thanks for the Support fund. I would like to take this opportunity to thank all members of Words Cannot Idle Gossip Useless Banter Express the Buffalo Public Interest Law Program (BPILP) who volunteered theirtimeto raise money by phoning alumni last semester. Their efforts led to contributions amounting to nearly $3,000, exceeding all expectations for the project. This is the second year that BPILP members undertook this fund-raising endeavor. Special thanks are in order to Marcy Cohen, who was instrumental to our success this year. Again, thanks to all of you; your time and energy is appreciated by the rest of the organization, and those people who receive summer intern- Michael Kulla President Buffalo Public Interest Law Program course in substantive Criminal Law, and passed it? Ron Scott .... I would have to agree with those who say that gossip and other loose talk in connection with Professor Katz's legal affairs are not useful or appropriate. But having heard that some of the assistant DA's proclaimed the "D" grades they earned in his course as a "badge of honor," I can't resist wondering aloud if I were to submit my resume to the DA's office, would I be afforded some kind of affirmative action treatment on the basis of my membership in an ... NOTICE The Law Library will be open one extra hour on Saturday, beginning on February 21. Saturday hours will be 9 a.m. to 6 p.m. Section 1: We have always known what an outstanding group you all are, but once again you have proven yourselves remarkable. Words cannot express how happy I am to be associated with such a great group of people. Thanks for your support and concern while I was out sick. Your thoughtfulness will always be remembered. What an absolutely awesome bunch!! Kimi King February 11,1987 TheOpinion 9 �by Michael Kulla Who Cares About BPILP? Head of Organization Answers Rhetorical Question by Michael Kulla Yes, there are people that . care about BPILP, the Buffalo Public Interest Law Program. That's why I'm taking the time out to write this article. You may ask, "Why should /care?" I think that if you are at all interested in a public interest or public service job for the summer or after graduation, you should be interested in BPILP. Our organization's stated member of the group called "Doctors Ought to Care," come to speak on the issue of cigarette company executives being held liable in tort for deaths caused by cigarette smoking. Another idea being worked on is having public interest/ public service employers in the area come to our school. It would be a great way to have students, especially first year students, learn about what it means to work in a public interest career. In addition, you might make a connection for possible employment with one purpose (when formed by Law Review members in 1979) was to bring an awareness of public interest agencies, careers, and issues to the law student population. What we plan to do for the rest of the semester is geared toward these ends. Our plans include: 1. Speakers. We are planning to have Dr. Allan Blum, a of the speakers. 2. The Registry. This program was started three years ago to give students short-term employment during the semester at agencies that need help. What we do is match students with these agencies to work on a project they have. The work is usually between 5 to 40 hours in total, spread out as the employer needs the student. We pay the student $3.50 an hour for their time. Again, it's another valuable experience, particularly for first year students, as well as a summer em- ployment possibility. If interested, ask Paul Prentiss (box #482) for an application. 3. Fund-raising. Our most immediate fund-raising project is resuming our weekly bake sale. We had them on Monday mornings last semester, and they were rather successful (special thanks to Dianne Bennett's Tax I class). This semester we are planning on Tuesday mornings for our sales. If you can volunteeryour baking skills or your selling skills, please do so. If we keep this as a weekly happening, we can raise more money for our summer internships, which brings me to 4. Summer Internships. BPILP funds studentsfor summer employment at a public interest agency. We give $1,500 per student for the summer. As of this article, we are unsure of how many people we will be able to fund; at least two people, however, will be funded. In past years, people have worked at ClientAdvocacy Service, Farmworker's Legal Services, Legal Services for the Elderly, and Neighborhood Legal Services, to name a few. You will be kept posted on when to apply. Once we decide on how many interns, and which agen- cies we will fund, the interviewing will begin. BPILP is an organization that does do things. We can only do these things with support from the student body. We could use your help on these endeavors. I can't help thinking of a quote I've seen on a poster concerning day care centers and adapting it to our situation: "It will be a great day when our organization will have all the money it needs and major law firms will have to hold bake sales to raise money for summer interns." Until this great day, help us out. My box number is 434. Michael Kulla is president of theBuffalo Public Interest Law Program. A Stock Update From the "Feisty" Colonel of Wade's Warriors "Colonel" George Villegas' Wall Street Report Ladies and Gentlemen: I am pleased to report that our stock sales are strong. I have reassured Chairman Wade Newhouse concerning his personal liability for our stock venture. I told him I wouldn't go to jail without him. Our February 5 fundraiser with the National Lawyer's Guild was a big success. This is due to the mindboggling doorprize of "Lunch with Wade." I haven't heard screaming like that since the Monkees' con cert. The Wallstreet Journal has reported that we are very close to landing a corporate sponsor for Wade's Warriors. I will neither confirm nor deny this rumor for fear of causing violent fluctuations in our stock prices. I would like to personally apologize for failing to include Anna Maria on our board of directors. Her hard work and dedication to this project has been an inspiration to us all. Harvard Law School is trying to slip a ringer into the tournament: ex-NBA star Len Elmore. If Elmore is in uniform for the Crimson, we'll slap him with an injunction! We are still planning an exhibition game with Schlegel's Schlepps. Faculty team captain, Professor Philip Halpern, broke into tears when I asked him if he had found any faculty members who could stand up straight. Our pep rally is scheduled for Wednesday, February 25, in room 106 at 10:45 a.m. Professor Spanogle is still trying to rearrange his schedule so he can open the rally with an a cappella version of the "Battle Hymn of the Republic." I will conclude by reiterating my vow: Wade's Warriors Inc. will be the finest corporation in the history of Wall Street. Yours in the Confederacy, Colonel George "Black Jack" Villegas GOOD LUCK WADE'S WARRIORS!!!! Fiesty Col. Villegas. Black History Month: It's a Time for Reflection by Shelley Rene Rice February is Black History Month. It means Tory all year round." different things to different people. According to Michael Smalls, a Howard University alumni and first year UB law student, it is "A period of time when Afrocentric people reflect deeply on their past, because without a past there is no future." He said it is a time to reflect on historical events in our history, both large and small; to motivate us to make advances throughout the rest of the year and the rest of our lives." Lisa Mitchell, a very busy BLSA member, Buffalonian, and second year law student, said it's a time to "recognize the achievements of Black people; to remember our past and plan our future." She said that "it is important to remember our his- Greg Jackson, president of BLiA and a third year law student thinks it is "a timeto reflect upon our African heritage and to be cognizant of the worth of Black people." First year student Thomas Ware summed it up by saying, "Celebrate the accomplishments of Black people." To me Black History Month is all of this and more. It is a time for all people to recognize the many contributions of Black people. Black Americans have made major contributions to every field of endeavor. Black History Month is a time for all people to be reminded that Afro-Americans are decendents of Africans, many of whom were brought to the Americas without their consent. Black Americans should remember that Africa's history is also their history; therefore they can be proud because Africa was the cradle of civilization and education. Black History Month is a time to remember the many leaders of past and present; a time to remember the pioneers and the vanguards; and the strength and bravery of our ancestors that blazed the way to make life a little more bearable for Black Americans today. It is a time to remember that the history of Black people reveals a caring and loving extended family, and a belief in a Supreme Force and Power, and in the concepts of love, faith, and the importance of education. It is a time to remember that Black is beautiful. In the words of our ancestors, reflect and remember.... "Stoney the road was trod, bitter the chastening rod Felt in the days when Hope unborn had died. Yet with a steady beat. Have not our weary feet Come to the place For which our fathers sighed? We have come over the way That with tears hath been watered. We have come treading our paths Through the blood of the slaughtered." James Weldon Johnson Black National Anthem — "Remember that we are one, that our cause is one, and that we must help each other, if we would succeed. We are one with you under the ban of prejudice and proscription-one with you under the slander of inferiority-one with you in social and political disfranchisement ..." — First issueofThe North Star, 1847 Remember... "There can be no progress without struggle." — Frederick Douglass Remember... "Our expression must be loud and clear. Once and for all we must state it: Human rights and civil right in America are not negotiable. There does not exist in the hands of any one group of citizens either the divine right or the constitutional authority to give or withhold from another, rights that are God-given and legally implemented. " Whitney Young, Jr. — BUFFALO PUBLIC INTEREST LAW PROGRAMS •• bagels donuts • • 10 a j.feS JZ muffins m cottee UU juice Sl\ I LI The Opinion February | fel 7m (fl|j) 3a// WeeklyDAl/C CA! C D/IIYIL OrtLC B Tuesdays 7 . 3() na m - all semester ( outside room 106) VOLUNTEERS NEEDED: if interested, leave a note in box #434 Money goes toward funding summer interns in Public Interest Law 11,1987 �p-Great Decisions—l (jf ■ LU II J*S" R€VU€ [L n lli\ I B|\ I Alll LIIUI wm ff/M study GrouP"i rI =Schedule=i . LLI TENTATIVE DATES AND TIMES All meetings will be in the firstfloor student lounge IC /"I^AAIIVI/^ 1 lIIUII |1|1 V |^\^ ■ MP I Tues., Feb. 17 Topic 4 Tues., Feb. 24 Topic 5 Tues., Mar. 3 Topic 6 Tues., Mar. 10 Topic 7 Tues., Mar. 24 . UJCItCII HI £ a I . Topic 8 I : Sk. Jj J JH F jl A X !■■ fc. JL ' Wtw&ty 1 HP |i| W W/Jim 3MM& * ij M I Bl I © | lr/ /|L I 'PMJPP M- W****** - - B\ South Africa: Apartheid Under Siege 5 p.m. Foreign Investment in the United States: The Selling of America? 5 p.m. Pakistan and Afghanistan: Storm Over Southwest Asia 5 p.m. Dealing With Revolution: lran Nicaragua and the Philippines '*ftff" ' — Be Informed 40 ipi ■ F% Posters 00 ppots I fIL on campus. Or just call 800 -THE CARD, and ask The American Express Card. Don't teave School Without It V^^fl sfi fitcHl fl B Ittmm f iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiui ,\3 WE ARE RESUME PRINTING SPECIALISTS! CALL us 0R VISIT us FOR A QUOTATION TODAY! SP :■■ gg~|~__g|_| T Xwtt i—Hßf The Pacific Basin: Alliances, Trade and Bases The American Express* Card can get you virtuall) everything from a TV to a T-shirt.'Or a tuxedo From Ttilsa to Thailand. So during college and after, it's the f ■PWa B\ '"' ' '*' **** .. .. Egypt and the United States: 5 p.m. • Attend HowtobuyaTV l\ 5 p.m. .... 5 p.m. . .. Tues., Mar. 31 TOT CJGCCIIIS* ... Bf 317J Main Street * ' s*l K/ft (IMn S. otWtntpw) Bullalo NY Krrjr-pAMKP 835 lOO -° HrhaSd '"""" *""" """" 11111111111111111111111111111111111111111111111111111111l nrvJOP) J K Tonawanda. NY 834-7046 February 11y 1987 The Opinion 1' 11 �Hlu **^B lli[~r* ijir •�•■ The Best Course Of Action. bT% students for Stanley H. Kaplan has nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and Over 110 permanent centers nationwide open days, evenings and weekends. I - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. CALL TOLL FREE 800-343-9188 800-223-1782 The Opinion I others. Prepare with Confidence 12 I February 11, 1987 I I �ANNOUNCEMENT! 18th National Conference on Women and the Law I' " '/^^|^^*^^--rJ»cV. SSmT "LOCAL ACTION/NATIONAL STRENGTH" March 19 22 George Washington University, Washington, D.C. YourlawschoolgroupshouldplannowtoattendthelBthNational Conference on Women and the Law. The conference is a one-of-akind opportunity to meet with and hear from women fighting for women's equality and legal rights acrossthe country. The conference participants (about 2,000), organizers, panelists and workshops cut across lines of race, class, ethnicity, religion, disability, age, geography, and sexual preference. In addition to workshops there are group caucuses and meals, a women's music concert, dance and exhibit space. The conference provides an important balance to traditional law school education and serves as a catalyst for the development of a nationwide network of lawyers, students, legal workers, professors, judges and community activists who share feminist principles and are committed to social change. Participants share practical knowhow and theoretical analysis in a wide range of substantive legal areas and also work to build lasting bridges between women from gjf COHIC tO tllC SE V hß> ~f c "«w|t uu* Mi A P, tgL L w ■ 18th Core Committee, c/o Howard University Organization for Women in the Law 2900 van Ness n.w. m»~sg££%r jP -~ l* WA • \/ CIICIIIIIIC O lOflTl• Wl C S §|Bf' ' eSsAT(v!l&f.V "W T rZjSmsfr 1 .i »** If"Tfc J JL <\\ W J£^^g>A/:' ' I■ t t VJi !"L ' IJ •••• <||j|| \7 '' lt^x& '^y&g^s^ mi (Liv ? S)\ <ilfiip£ IMb&* . HBfiV'' SJv?|§Ht. WHAT* * dl'tlltS $! 00 mixed ItS^nP 4llsS*L 'JSBpf*-''* i- free wings; N °.COVER! jwßjgi <!taP^* <lf?P|> "-'f^E^fe^ 'PUst fc# hundreds ot �§| m ' J;c&S 15 WHTriV* Thiircrltiv TTfh Yin lllUiaUciy, rCU. lwoimiino al 0 UCglHlllllg nt 7\n • m • y > riislav' i tHßmj \ff|P| * J/Sffjll it» ■ * uSft? iK %M*!M to "^Osr?!?! 'llsllk**'''- ~-~ >i^E^j®ffi^j WHEREI Central Park drill KaEff *<slttiv * TSpl* °Smf> Jj?2 . jfli BY J Jju B if *** /\ 1I [flltf! *■•* different communities. This year the conference is being held during the last weekend of ÜB's spring recess which should make it easier for students to attend. It's a rare opportunity to experience the vitality of people actively involved in the legal process ... and an energizing contrast from the world of casebooks! Take advantage of the special student registration rate and alternative housing possibilities and send for a registration form today. Call the conference office if you have any questions. *-IBb%BW '£&£&£*':' " «a |p .-J^ February 11,1987 The Opinion 13 �The A&R Song iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii | 1 | Beginning on Monday FebruarV 9 and I - ' 1 Drinking lots of coffee and sighing lots of sighs. Outline papers scattered their world's about to end And for 1,575 we can do it all again: Chorus: In the Spring, when will it come, when will it get here? How I wish I were all done and passed the bar. If I'd known it'd be this fun I'd have been less eager To lick that stamp and send my form to A&R. Now the first semester came and went and hopefully the next Five more semesters will likewise follow too. But whadda you think the chances are /'// be any less perplexed Than I am right now with International Shoe? Chorus I tell my friends I'm working hard, no time to socialize. They must think I have some propriety. Yet forced to do as you and I they soon would realize That I drink in way of sheer necessity. every 1 pXKj^Tr -"!!'~l continuing thereafter | 1 >Sa" :ytZI'L Monday e Commencement I 1 C*T J will be V_A VWT-\) Committee | onsorinS bake sales | 1 in the Law School. ,„ We needfvolunteers for baking - | S !1 = =5 a § -| L . cv, .. . . - | ... cookies, cakes, brownies, etc. (baking is a good , ' u ~. and volunteers for sitting at the study break!) , ,-. jtui • vi j x 4 baked table in front ofthe Mongoods library on n/i , , ~, days. If you are interested in helping, please , , ~r leave a note in box 655 Ima Simpson or see -reprofits or Carol Fitzsimmons. All will go towards Commencement activities. , „ — I Z I Z ~ = s S ■ | iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiT .fo<=x* [ i M Commencement services for the Faculty of Law and Jurisprudence will be held on Sunday, May 17, 1987 <it 2 p.m. Please be- aware of the ordering requirements for academic apparel via the University Bookstore, 200 Lee Entrance. Cap and gown rentals must be ordered from FEBRUARY 16. 1987 through MARCH 20, 1987. This March 20deadline is particularly important because law degree candi- i Chorus * — Roy A. Mura dates must rent their attire. The forms for ordering commencement attire will mended that you order as early as possible to avoid unnecessary de- — ■ vVc**s5**(sJaVX y, * Ij I~WH PoeTtryheCorner FirstI"YTKeer-haspla?h"! .— "Ker-splash! The First Year?" I I struggle, heart pounding, trying to catch my Master ofLaws breath in the intellectual prop-wash Boston University of the Learned One. School of Law Uh oh, here he comes again! Laikehpnumldcdgaotie,r ProcastSminwhwom.aeyvegfs keaInTopsiwhdadsleofeing Iunwdahegtro so Qu et when rWB raHr! SVPRP |U|j|iJß| Like to htI'Ceaouvdsr.n't ' .. up and I struggle, heart pounding, trying to catch my breath in the intellectual prop-wash of the Learned One. . Uh oh, here he comes again! Like a huge, pedantic helicoper — and me — Swimming in the waves of my Procrastination. The noise is deafening and I keep swallowing water when I go under But it's so Quiet when I'm under, Like being out of gear; I don't have to listen 'Cause I don't have to hear. Very relaxing, until I get jerked awake! Dragged up kicking and bitching, hating every eonic second of being without the first Clue as to how I'm supposed to swim in this academic shipwreck. relaxaIinwVug,nekert!yjiltked .. every multidisciplmary course of study Drag ed kicking bitching,hating A offering a singular educationalopportunity conic second of being withoutthe first for lawyers who wish to practice m this supposed unique, Clue as to how I'm to swim in this academic w 11 dynamic, fast growing area of specialization shipwreck. Taught by faculty of the Boston University |,VKjSJII \ I Z>d jf School of Law, management experts, and eminent banking law attorneys, this in novaHow dothose Motherfuckers do it?!? tive program providesan exceptional blend they swap ing briefs, intellectualand practical education at one of the nation s foremost law schools. The ■ mf>'Ml'-SkMll/ curriculum has been meticulously designed |x to provide oursesi ovei ng the full range of f] mV\(p)/|» banking law subjects and courses specially Opposite developed to introduce lawyers to the legal, -^o\^^%H|-y md managerial aspects of the V mmt^i'^Aim finam al services industry amfflj^fiy And then there'sthe GoldenOnes 'IrMK'iSvi Are ,, andcanI swap brains? ~ '°~ ' ' It'syinsup ortable; Whatplanethas48hour days? /PfMs^k, 1 M;i there couldswlm to shorealk:lsl ■ ■ \ Lock VSvfc-<df oj . i Editorial Note: September 1987 j ■ L- S • The Opinion February 11, 1987 ,iv . Opposite Lock Editorial Note: was Writ ng"as ignment. 18j§ e r s f i r s t " R e s e a r c h a n d lUni Slmlic« ■- The preceding was written during the writer's first "Research and Writing" assignment. 1 r\WO>a*VM' * f 1 I Slucli. \ ■_—-—l_V ) liiistoii l ni\<rsily Si'lhmil of l,a« I \S\ C^~~J B»gtiiii. Maraachiisptu 02215 \ / rail: \rMAS4X"ev*t1—crna5Ul,i rY(J«O»Nf)oIaXM2cr:e-SkH..wJ 10 IVouram Bankinn (iraclualf in Ylorin Ct-ntfi l"r Itiinkin;' iir 14 . I— .. And then there's the Golden Ones How do those Motherfuckers do it?!? Are they swapping briefs, and can I swap brains? It's insupportable; What planet has 48 hour days? Maybe there I could swim to shore at least pre"wTcrdtihfuineglJn-V Applications are now being accepted for full or pari tune enrollment in . r Hi ScvenU, Aye»«, Mtc *i N«r T«»k. New V«k 10001 ("DJMrJtfH (mi)(asms >* XJ 1 �John, Steve, John, and Leo . which one of these men is running for office? Merrill, Donny and Marie united! Are they drinking Hawaiian Punch? SBA welcomed back students with a party at Pine Lodge on These are the good times and they're havin' 'em!!! Who's the future game show host, Brett or Dave? b welcom ack! Thursday, January 22. w A good time was had by all! / have to get it between the what? Dynamic Duo, Paul and John "About the yearbook Irene" .. "Uh, excuse me Jack." Mike does his Tom Cruise impersonation February 11, 1987 The Opinion 15 �-■ '■■*■ i maax I I «m \A bY BI I bW k «i I ■ BI ■ I ATTENTION: CLASSES OF 1987,1988 & 1989 _H HI B^Bh I ■_■ When you register early for BAR/BRl's 1987,1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation's largest and most successful bar review course and you save $100 off the current price, Remember: The last day to save $100 off the price of your course is: Available from Campus Reps iff /7 I 415 Seventh Avenue. Suite 62 New York, New York 10001 / If 212 594-3696 201,623-3363 )Hf 16 The Opinion February 11, 1987 //// V-/-/// Head Rep. Todd Bullard 3rd Year Reps. Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon PaulKarp Katie Keib Jay Kennigsberg Alicia Lacappruccia Jay Lippman Dave Piatt Rickßesnick If f~kj ""B Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders Joel Schecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi Sam Spiritos Bonnie Mettica Kevin Comstock BW 10 BW M 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 I Cg| ■ Head Rep. Barry S. Stopler 2nd Year Reps. CoraAlsante Shari Berlowitz Mikeßiehler Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz Carol Livsey BobMcßride Ramon Perez Joshß. Rosenbloom Lisa Strain ScotThurman JimTierney Christine Tsai Debbie Dewitt Walker JohnWilliams Dana Young � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-02-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 27 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/11/1987 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:56:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7e0d064833386f3485a69c903305009a.pdf 37474bfea6efcc4897f51c3d1ccd2557 PDF Text Text THE OPINION Volume 27, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 25,1987 SBA Passes Nondiscrimination Resolution by Paul W. Kullman By a near-unanimous vote, theStudent Bar Association endorsed a resolution on Wednesday, Feb. 11, calling for the UB Law SchoolPlacement Office to deny the use of its facilities to any employer who discriminates on the basis of sexual orientation. The resolution, drafted by SBA President Brett Gilbert, was passed by a 17-0-1 vote of the Executive Board. It further callsfor the Placement Office to adopt an explicit policy of nondiscrimination (see page 5 for text of resolution) and to secure statements from prospective employers indicating they will abide by this policy. Second year Director John Williams initially proposed that SBA hold a student referendum before endorsing the resolution, but later withdrew his proposal after some discussion with other Board members. First year Director Shelley Rene Rice represented the lone abstention. Gilbert said he will next approach the faculty "to see what they've got to say." Gilbert, also a member of the Gay Law Students Organization, said he was prompted to draft the resolution by a press release he received from the New York State Department of Human Rights concerning an Executive Order 28 issued by Governor Mario Cuomo on Nov. 18, 1983. The order reads: "No State agency or department shall discriminate on the basis of sexual orientation against any individual in the provision of any services or benefits by such State agency or department." In a memo to Placement Office Director Audrey Kosciel niak dated Jan. 22, Gilbert raised "the issue of the Placement Office's relationship with the various armed services Judge Advocate General Offices." "As I understand it, the JAG offices knowingly discriminate against gay men and lesbians who reveal this fact to them," Gilbert's memo stated. "The question becomes, of course, does the Placement Office violate the Governor's Executive Order by giving the JAG access to State property and services?" "It is a difficult question," the memo continued. "Certainly the PlacementOffice itself is not discriminating; however, is the Office vicariously implicated through its relationship with the JAG?" Koscielniak was out of town at press time and could not be reached for comment. Dean Wade Newhouse, who also received a copy of the memo, said he would withhold comment until he had a chance to examine the issues more closely and talk to Koscielniak. "I'm really interested in seeing what the faculty has to say," Gilbert said. "We're (SBA) not telling people they can't interview withthe JAG Corps. We're just saying New York State shouldn't have to pay for it." Gilbert stressed that the SBA resolution applies to any employer who discriminates on the basis of sexual orientation, and not just the JAG Corps. He said any such employer can always rent a room at theMarriott Hotel to conduct interviews. "All we're (SBA) asking is that the Placement Office follow the policy of the University and the policy of New York State," Gilbert said. "Some of my best friends have been in the JAG Corps and this isn't against continued on page 6 JAG petition in mailroom. Wade's Warriors Capture Corporate Sponsor by Joel Schechter Tis the age of the corporate sponsor. The Fiesta Bowl was just another peripheral bowl game until this past year when the Sunkist Fiesta Bowl lured the top two college football teams to battle for the national team which will represent UB at the upcoming law school basketball tournament in Springfield, Mass. On Wednesday, Feb. 11, UB Law School alumnus Les Foschio, who serves as vice president and general counsel of championship. For the first time in over 100 years, the race for America's Cup did not occur in waters surrounding the United States. But television-viewing Americans were able to ride the waves off Fremantle, Australia thanks to pictures taken by the Budweiser yacht cam. Wade'sWarriors has decided to "ride the wave" of corporate sponsorship. Barrister Information Systems Corporation, with headquarters at 45 Oak St. in Buffalo, has become the official sponsor of the basketball Barrister, donated $600 to Wade's Warriors on behalf of the corporation. Barrister is the ideal corporate sponsor for the UB Law School team. The company is presently one of the largest suppliers of computer sytems to law firms, providing hardware, software, and a complete range of support services. Barrister law practice management systems are designed to auto- mate both the administrative functions of law offices through word processing, timekeeping, etc., and substantive law functions such as litigation support Joel Schecter receiving donation from Barrister's V.P. Les Foshio. and legal research. Barrister also provides consultation to firms wishing to implement customized data bases. Barrister Information Systems is a successful corpora- tion which has decided to give something back to the community. Whether it be a past donation or a guest lecturer in a Computers and the Law Seminar, Barrister has exhibited a firm commitment to enhance the quality of UB Law School. This type of symbiotic goodwill relationship between the University community and the private sector confers benefits upon the parties involved while also providing an important step in the revitalization of the Buffalo area. The membersofWade's Warriors express their thanks to Barrister Public Relations Coordinator Paul Chimera for all of his help in arranging the sponsorship. The donation will be used to help defray the cost of uniforms, travel, and lodging. Student Survey Calls for a New Journal by John Bonazzi Perhaps two of the biggest frustrations of the Law School experience is failing to make Law Review and not ever having the opportunity to gain research experience or get a scholarly work published. Well, for a lot of you future Cardozos, things may be looking up. Thanks largely to the energy and initiative of Brian Ton, a third year student, we may soon have a new journal. This publication wouldbe entitled the UB Law Journal, and would provide a greater opportunity for students to (a) be associated with a law school journal, and (b) have seminar papers or other legal research articles published. With this new journal, students would then have three vehicles to accomplish those now-e|usive goals, the other two presently being the Buffalo Law Review and In The Public Interest. The UB Law Journal would not try to compete with the establishedLaw Review. It would not have a grade requirement or a writing competition, ft also would not duplicate In ThePublic Interest, as it would not limit itself to a parochial range of issues or topics. The new journal would be general in scope. As Ton put it, "It will pick up where they leave off." According to Ton, most schools have more than one journal. He sees this as a great opportunity to supplement a writing program at UB that most law students see as inadequate. The results from a' survey 0f "823 law students somewhat supported that notion, as 20 percent indicated a desire for another journal. The breakdown of the responses is as follows: In response to the question of whether one felt thatthe UB Law School provides ample opportunity to improve one's writing skills, 66 percent replied "No"; 29 percent "Yes"; and 5 percent "N/A." Only 55 percent of first year students replied "No", while 82 percent of third year students responded that way. Tonfeels thatthe latter figure is a more reliable gauge of ÜB's true writing opportunities, as third year students been here longer and are in a better position to assess the adequacy of ÜB's writing opportunities. The second survey question asked whether one would like to see the formation of a new journal in addition to the Buffalo Law Review and In The Public Interest. Eighty-three percent replied in the affirmative, while 16 percent said "No." One percent abstained. There was not much disparity between classes. The third question drew the largest positive response. Eighty-nine percent said that they would endorse or participate in the UB Law Journal, compared to just 9 percent who replied that they would not. Two percent abstained. In the "Comments" section of the survey were written mostly supportive passages. However, not all of those notes were sup- portive. One student protested that the establishment of the UB Law Journal would "detract from the quality of the Law Review. " This person made no mention of how this would occur, however, or of the ben- efits another journal would bring to the Law School and its students. continued onpage 10 inside 2 Grades Dillon Honored .. Faculty Candidate 5 . 7 ... 11 The Boy Mechanic Picture �age 2 �Good Response for the Faculty Grade Deadline by Krista Hughes Approximately 15 professors had not turned in theirFall 1986 grades by the faculty-approved deadline of Feb. 17. According to a Dec. 22 memo to the faculty from Dean Wade Newhouse, "Grades for exami- nation courses should be reInsttructor Albert Albert ported at the earliest possible practicable date and no later than Feb. 15 and June 15 (if a weekend, then the first Monday following these dates)" (emphasis in original). The Feb. 15 deadline for Fall grades has been in effect since Dec. 19, 1979, but has not been lourse Date 'osted H* Administrative Law Lawand Medicine Labor Law FederalTax 1 Civil Procedure Research andWritini Criminal Law Master & Slave 1 Evidence Civil Procedure Constitutional Theor Research and Writini Criminal Procedure Cor iprateTax Federal Tax 1 Indei lendentStud' Law, Cultureand Socief CriminalLaw 1 2 87 2 1387 1 1287 2 11 87 2 5 87 1.9.87 2/3/87 1 30 87 1/22/87 2/12/87 Fraser Remedies Freemen Constitutional Law Indej lendentStud' La' irCliemClinic New York Practice Law 'er Client Clinic 1/20/87 12/30/86 1/30/87 N/A 12 30/86 1/30/87 2/12/87 2/12/87 1/8/87 12/30/86 Ave Bennett Ben |er Benier Binder Binder Birzon Blum Blum Blum Carr DelCotto DelCotto Em iel Eni iel Ewim Gerken Gerken Gressens Ha. Ler Hah trn Hall irn Headrick Konefsk' Konefsk' t-.i ;itz Contracts Indej lendentStud' Law ir ClientClinic Marcus Famil' Law IndeilendentStud' Marcus Mensch Mm iel Muni ier Muni ier Newhouse New! louse Newhouse Civil Procedure Indej lendent Stud' La 'er ClientClinic Research and Writim Comj lutersandLaw Rimar La' trClientClinic Scales-Trent Constitutional Law 2 Scales-Trent Em llO' lent Discrim. Law Schlei iel Contracts Olsen Olsen Olsen Olsen Reis Schlei iel JudicialClerkshii 31 11 14 21 16 37 17 74 ■53 67 50 71 10 1/30/87 1/13/87 1/6/87 46 23 13 1/6/87 1/21/87 1/21/87 15 19 90 23 59 1/2/87 17 75 50 26 18 74 10 Trial Technii iue Con irations Libei Proi >ert' &Law New York Practice Famil' Law 12,16/87) Health Care & The Elderl Law ir ClientClinic Thurom Federal Taxi Zimmerman Financini Small Business Staff Steinfeld Steinfeld Sullivan Swartz Szcz' liel Szcz' liel 1'16/87 N/A 1/21/87 2/12/87 1/21/87 2 12/87 2/12/87 12/30/86 1/8/87 15 31 10 -37 22 23 12 75 24 37 22 18 20 20 14 16 51 47 36 11th Annual Law Convocation on Saturday, March 7, by presenting him with the Edwin F. Jaeckle Award for 1987. Dillon is currently presiding justice of the Appellate Division of State Supreme Court, 4th Judicial De- 81 19 117 59 "As a jurist, he is recognized by his peers 41 for his knowledge of 20 16 14 4 10 legal profession. the law, judicial 13 23 22 temperament and leadership." Attorney Douglas S. Coppola, president of theLaw Alumni As- Law Review Casenote Competition The first opportunity for first year students to compete in the Law Review Casenote Competition will be during spring break. The schedule for pick-up and return is as follows: Dillon, 59, spent 10 years as district attorney beforehis election to State Supreme Court in 1973. He was appointed to the Appellate Division three years School, Dillon will be honored 64 51 . during a luncheon in the Center 11 51 123 additional time, however, was not enough for at least four teachers who gave examinations, and another 10 or so who required papers or projects. In a subsequent memo dated Jan. 14, Newhouse stressed to faculty members the importance of meeting the Feb. 17 deadline by emphasizing the hardship imposed on students: "The failure to have the grades in before the drop-add deadline (Jan. 23) can result in students being decertified for TAP assistance, if at that time the student has received grades for less than three courses." Also, students who need to reconsider their spring course selection based upon poor grades from the Fall semester will be unable to amend their schedules. partment. A 1951 alumnus of UB Law 38 18 Hu\ ihes Pick-up Friday, March 13 Monday, March 16 Tuesday, March 17 with the Law Alumni Association will honor Justice Michael F. Dillon ofOrchard Park at the 10 37 16 grading time. This Justice Dillon to beHonored By Law Alumni Association for Tomorrow on the Amherst Campus. Named for UB Law School alumnus Edwin F. Jaeckle, class of 1915, the Jaeckle Award is the highest honor the Law School and Law Alumni Association can bestow. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the TOTALS 'hart Com, tiled b; Paul W. Kullman and Krista measure the thirty days from approximately the beginning of the spring semester," thereby giving faculty members an additional three to four weeks of The UB Law School together 1/21/87 1/14/87 1/29/87 1/21/87 12/30/87 2/4/87 1/29/87 1/22/87 1/29/87 2/2/87 1/14/87 Crosby, Helen "Grades have been turned in pretty well this semester." She added, however, that she was not able to say whether Newhouse's memo was the reason. It should be noted that a total of3,030 grades were turned in by the deadline this year while by March 26, 1986 only 2,549 grades had been handed in. When the faculty approved the Feb. 15 deadline seven years ago, they amended a 1967 rule which required that all grades be reported "no later than four weeks after the date of the last examination for the particular semester." Registrar The resulting change "was to 78 47 19 1/21/87 2/4/87 1/8/87 1/6/87 1/9/87 1/20/87 2/13/87 2/10/87 2/10/87 12/31/87 2/2/87 Municii I Law Socioloi ofLaw Indej ien< lent Stud' Law & Hii iher Education Law & PublicEducation IndependentStudy Q* 8 | 2/3/87 Contracts Future Interests Schlegel teachers have become notorious for the lateness of their grades, and the posting of Fall grades late in the Spring semester has not been uncommon. According to Law School 2.1287 AdvancedEvidence Law> 'erini Process Cor| iprations H vigorously enforced, as is evidenced by the fact that some sociation, cited Dillon "for his dedication and commitment to public service." In announcing the award, Coppola said, "As Erie County District Attorney, Dillon demonstrated a commitmentto professionalism in the administration of the criminal justice system. As a jurist,he is recognized by his peers for his knowledge of the law, judicial temperament and leadership. His achievements bring credit to our profession and school." Hon. Michael F. Dillon. later and has served as presiding justice since 1979. Dillon's past honors include the Award of Merit from the New York State Trial Lawyers Association; the 1982 Frank S. Hogan Award from the New York State District Attorneys Association; and the State Bar Association's award for outstanding judicial contribution to the criminal justice system. He is a past president of the New York State District Attorneys Association and a former vice president of the National District Attorneys Association. He helped draft guidelines for the New York Fair Trial Free Press Conference and served as chairman of its seminar committee. Previous Jaeckle Award recipients include Edwin F. Jaeckle, Hon. Charles S. Desmond, Frank G. Raichle, Jr., Clarence R. Runals, M. Robert Koren, Robert J. Millonzi, Hon. Matthew J. Jasen, Jacob D. Hyman, Hon. William J. Regan and Thomas E. Headrick. Return Monday, March 23 Thursday, March 26 Friday, March 27 All pick-ups and returns are between 9 a.m. and 12 noon. £ 415 Seven* Arane. Mte (2 New York, New York 10001 (IH)M4-3w* (a01).M»-3tt» 2 The Opinion February 25,1987 �WIN YOUR BIGGEST RACE with the JOIEPHSON ft HLDWER Bar Review Course • ji/rV Mfiy * NEW YORK 1987 Bar Candidates lf 's not to late! o C~JW ,*dP Jk ° $100.00 off Regularly $ 890. 00 ; your price $790.°° w E # Discounts applicable February 2, 1987 - *^kTffl m* f§ m. •*V J1 see yotyr J/K Cam P us Representative or contact: y|m IOIIPHIONtfKUJWEn 1 M I WW AM LEGAI EDUCATIONAI CENTERS, INC. If «I 1 10 East 21st Street, Suite 1206-7 'W ■ New York NY 1001 Am W ° (212) 505-2060 or (800) 421-4577 |M ■ <4 *f - v Become Uwi Cxpcct Succeed! W mm\ mm I v P&*: : : © 1987, Josephson/Kluwer Mefanie Collins Irene Fassler CaroJGiarrizzo Ros©: Anne Landau Legal Educational Centers, Inc. CI lIMY DiiTrala I/k Rone OUli ■ iif dl DUIICUU %Jiv\ rlcpd Philip Chamot Ronald Francis Laura Green Nancy Holtby Eric Chester Celia Garelick Evelyn Gurdin LoisLiberman, Raymond Dziedzic Evelyn Gawronski Maryellen Gunnison Fern Merenstein February2^l9B7,., The..Qpjtyipft 3 �PASS rT^ __*, 111 ITU \ DIEDED I BAR EXAAAjiLv flttffi ' The Bar Course That Cares For information see your Pieper Reps or contact: PIEPER NEW YORS-MULTXSTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 PIEPER REPS jjy 4 Judith Kubiniec The Opinion February 25, 1987 >$L Maria LoTempio Mr Brian Mahoney \) �Brett Examines Struggle of the Oppressed by Brett Gilbert Recently, the Student Bar Association passed a resolution which called upon the Placement Office to adopt an explicit policy of non-discrimination in the placement process. That is, the resolution called upon the Placement Office to make its facilities available only to recruiters who agree not to discriminate on the basis of sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. While the call for such a non-discrimination policy may appear necessary or, at least, reasonable to most of us, some may find that it runs against their better judgment. Therefore, an examination of the wisdom of a policy of nondiscrimination seems to be in order. The fight against discrimination has been a difficult one. Over the years, many segments of our society have had to wage long and sometimes violent struggles to stamp out attitudes and practices which stood in the way of social progress. Indeed, most of these battles are far from complete. The struggleforthe liberation of people of color has been fairly well documented. It was fought on many fronts and many had to die so that others might go forward. However, as recent events in Forsythe County, Georgia and Howard Beach, New York suggest, the fight to end racism is not over. In fact, while black babies die at twice the rate of white babies, while people of color have an unemployment rate many times higher than white folks, and while minorities are systematically excludedfrom the citadels of American power, the strug- gle will never be over. As I write, itisthe anniversary ofSusan B. Anthony's birthday. Since her death, it can be said that some women have come a long way. Indeed, mainstream white women have made significant progress in securing their positions in the marketplace. However, some continue to believe that women have too much freedom, so they end federal funding for abortions, refuse to run condom ads on must not believe that birth control is their responsibility), and frustrate all attempts to organize free child care centers for working women. It is evident that women, too, must continue their struggle for political, sex- men joined the patrons of The Stonewall, a bar frequented by transvestites, in a spontaneous and violent protest as police "We should be willing to fight oppression on any level which may be available to us." ual and economic freedom. Gay people have had a more difficult fight for liberation. Their most recent struggle began in 1969 in Greenwich Village, when lesbians and gay raided the bar. As a result, a popular slogan in the gay rights is, movement "Stonewall Means Fight Back!" While some progress has been made, especially in New York State, most of us know how difficult future fights for gay rights are sure to be. On the national level, gay people have yet to win even the simple freedom to love. However, there is a secure infrastructure of gay legal and educational or- ganizations in place and this will surely make gay people move more confidently toward future social victories. In the meantime, we can all join these various struggles by opposing those groups that seek to discriminate on the basis of race, sex, sexual oriencontinuedon page 11 Anti-DiscriminationResolution Is Passed by SBA Resolution Endorsed by SBA on Wednesday, Feb. 11: WHEREAS, the SUNY/Buffalo Law School's Placement Office permits the Judge Advocate General Corps of the U.S. Armed Forces to utilize its facilities for recruiting purposes; and WHEREAS, the Judge Advocate General Corps of the U.S. Armed Forces has a public policy of discriminating against lesbians and gay men, as well as the disabled and those over the age of 35; and WHEREAS, on November 18, 1983, the Governor of the State of New York issued Executive Order 28 prohibiting all State agencies from discriminating on the basis of sexual orientation in the provision of any services or benefits by a State agency; and WHEREAS, on October 26, 1983, the State University of New York Board of Trustees passed resolution 83-216 which stated, "The Board of Trustees expects that all judgments about and actions toward students and employees will be based on their qualifications, abilities and performance. Attitudes, practices, and preferences of individualsthat are essentially personal in nature, such as private expression or sexual orientation, are unrelated to performance and provide no basis for judgment. The Board of Trustees expects all State University campuses to take appropriate action to implement this policy of fair treatment;" and WHEREAS, the administrations of Boston University, Columbia University, Harvard University, the University of Minnesota, New York University, New York Law School, Syracuse University, the University of California-Berkeley, the University of California-Los Angeles, Yale University, Ohio State University Law School, and other Law Schools have each banned military recruiters from using their placement facilities because of the military's refusal to comply with campus policies which prohibit discrimination on the basis of sexual orientation; and WHEREAS, the Placement Office of the Law School of SUNY/ Buffalo has yet to comply with Executive Order 28 or Board of Trustee resolution 83-216. BE IT RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of the Law School should begin complying with Executive Order 28 and Board of Trustees resolution 83-216 by refusing to allow its facilities to be used by any employer that discriminates on the basis of sexual orientation; and BE IT FURTHER RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of theLaw School should adopt the following explicit policy of non-discrimination. The State University of New York at Buffalo School of Law is committed to a policy against discrimination in employment based on sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. Any complaints of discrimination during the placement process will be investigated or referred to the proper agency for investigation, as the placement facilities of theLaw School are available only to employers whose practices are consistent with this policy; and BE IT FURTHER RESOLVED THAT, the Student Bar Association of the Law School of SUNY/Buffalo believes that the Placement Office of the Law School should contact all employers that plan to use its facilities in order to secure a statement by these employers which indicates that they are aware of the Law School's nondiscrimination policy and are prepared to accept its terms. "Grassroots" Clinical Candidate Is Interviewed by John Farrell Stefan H. Kreiger, a candidate for a clinical faculty position, visited theLaw School on Monday, Feb. 9. At least 16 students took advantage of the opportunity to meet with and interview him at 3:30 p.m. in the Faculty Lounge on that day. Kreiger studied political science as an undergrad at the University of Chicago where he graduated with honors. He obtained his legal education at the University of Illinois College of ClinicalcandidateStefan Kreiger. Law where he served as managing editor of the University of. Illinois Law Forum and graduated with honors and the Order of the Coif. Presently a Clinical Fellow and Lecturer in Law at the University of Chicago Law School, he has concentrated on public utilities law and regulation. He and his clinical students have had considerable success in securing the rights of indigent customers who have had their public utilities shut off. Kreiger has also worked with numerous "grassroots" com- munity organizations seeking to protect the legal rights of the poor in disputes involving many issues, especially public utilities. His students, for the most part, have employed usual methods, such as negotiation and litigation, to counter illegal utility shutoffs. A more novel approach was employed when he and his stu- dentsdrafted a bill which would assist indigent customers by Law Alumni Meet in NYC; Reception Is Largest Ever panelled by Melinda K. Schneider The University of Buffalo School of Law Alumni Association held a reception in New York City on Jan. 29,1987 at the Golden Tulip Barbizon Hotel. Associate Dean Alan Carrel noted that it is held at the same time as the New York Bar Association meeting, and its purpose is to have a gathering of NYC alumni, and also to attract people from the Buffalo area and other eastern cities who may be in the New York City area for the Bar Association meeting. The reception is held most years, and this year it attracted the largest crowd to date; 150-160 people. Invitations were sent to the Connecticut, New York Metropolitan, New Jersey and Buffalo areas. A few local firms which were going to be represented at the Bar Association meeting also received notice of the event. This effec- tuated a great mix of people this year, including one alumnus from Washington, D.C. The New York contingent was impressed that our alumni association could draw that large a crowd in New York City. Dean Wade Newhouse gave a short welcoming speech, but basically the reception was a big reunion that elicited a warm response from everyone present. Also present to greet alumni were llene Fleischmann, executive director of the Alumni Association, Alumni Association President Douglas S. Coppola, Vice President Robert Keller, and Treasurer Joseph G. Makowski. In addition, Buffalo faculty represented there and on hand to greet members included Associate Deans Marjorie Girth and Alan Carrel, Professor Kenneth Joyce, Adjunct Professor Sheldon Hurwitz, and Adjunct Professor and Erie County Bar As- sociation President George Zimmerman. Guests included Alumni Association past Presidents Paul Weaver, Hon. M. Dolores Denman, and Bob Fine, and Board of Directors member Dan Kohane. There was a surprise when Ambassador guest Esztelrealyos of Hungary and his wife wandered into the wrong party but stayed to have a drink and socialize. Munchies were served and there was a cash bar because the Alumni Association paid for the reception. It was held in the Rousseau Room, which llene Fleischmann described as 413 Seventh Avenue, Suite 62 New York. New York 10001 (212)194-3(96 (2011623-336} with large beautifully stained glass windows, and with a college atmosphere. Fleischmann feels that there was such a good response because alumni called classmates from their own graduating class. Many alumni decided to extend the evening and continued on to dinner afterwards. Because the turnout was so good this year and the atmosphere so warm, many alumni have volunteered to help form a New York City Alumni Chapter and are looking forward to having many more events of this kind in the future. When asked why he was in- | \o\ \ \ C> - '< §-—-_J L_r -^_-=»-> putting a ceiling on the percentage of income they would be required to pay for utilities. The students successfully lobbied the state legislature and gained passage of the bill. The new law, called the "12% Plan," Affordable Budget makes shutoffs illegal if the customer has paid at least 12 percent of his income toward the utility bill, including gas and electric. Water is already strictly regulated in Illinoisand thus did not require additional legislation. terested in Buffalo, Kreiger said he felt that clinicians have more respect and job security at UB Law School, whereas in Chicago, they tend to be treated as second-class citizens among the faculty and work only with year-to-year contracts. No stranger to Buffalo, Kreiger lived in the area from age 12 through 18, and thus is very familiar with the city. ' As a teacher, Kreiger believes it important to stress professional responsibility toward the poor. Healso recognizes the importance of combining the legal and political process to address societal problems, as was demonstrated by the successful public utilities legislation. If offered a position here, Kreiger would like to utilize his strong interest and experience in administrative law and the regulatory process, though not necessarily involving public utilities. February 25, 1987 The Opinion 5 �The Opinion Mailbox STATE UNTVBtsrrr OF VE«' YORK AT BUFFALO SCHOOLCF LAW February 25, 1987 Volume 27, No. 10 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes NewsEditors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: MelindaK. Schneider Photo Editor:; Paul Hammond Layout Editor: Susan Clerc Contributing Editor: ,Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibbarando, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: John Farrell, Gregory Jackson, Joel Schecter. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the studentnewspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Grades . A perennial complaint of UB law students is the lateness of grades. While reasonable deadlines have been in effect for years, many professors are notoriously unable to meet them. In his first "State of the Law School" address for The Opinion, Student Bar Association President Brett Gilbert led off a list of "Items" with "Late seem quite happy with Grades," remarking that "faculty members themselves if they take up to a year to report the grades of students." Although very few professors, thankfully, take as long as a year to report final grades, many do tend to take advantage of the casual atmosphere around this Law School and let previously unenforced deadlines slip by. Students complained, of course, but until this school year, very little had been done to alleviate the growing problem. Brett Gilbert had suggested that we students engage in a kind of be havioralistic positive reinforcement system of encouragingprompt professors flash a smile and thank any teachers who got their grades in on time. Gilbert himself wrote letters of thanks to various professors. This method apparently worked, because most of the professors who had had their grades in within two weeks after the end of spring finals were among the first to submit their fall semester grades. Unfortunately, more stringent measures were required for the delinquent professors. In rode Dean Wade J. Newhouse who reminded the faculty via memo that a Feb. 15 deadline for reporting fall semester grades had been approved by teachers and had been in effect since 1979. If the last exam of the semester is on Dec. 23, as it usually is, this mid-February deadline gives all faculty members at least seven weeks in which to grade exams. It might be noted that Newhouse, who taught the heavily-enrolled Law and Public Education, graded 167 exams and had the grades posted by Dec. 31, 1986. It can be done. In Newhouse's follow-up memo, he stressed the hardship to students if grades are not reported promptly. One unfortunate consequence is that students can become ineligible for further TAP awards. Another problem is that the University's drop-add deadline is usually mid-late January. This year it was Jan. 23. Many students, especially seniors, need to know their fall semester grades in order to either re-take a course because of a poor grade, or simply amend and adjust their schedules. If professors are bogged down by the amount of reading they must do in grading an entire class' final exams, one suggestion would be to limit the number of blue-books a student may use during the final. This has been done effectively by many teachers who reason that the limited amount of space available will force the test-taker to think out the question and bring in only the most important andrelevant facts and issues without simply regurgitating fluff. It also gives the professor fewer words to read in the end. Professors must understand that prompt grade reporting is not a luxury that students are whining for it is a necessity. Dean Newhouse did us a great favor by reminding professors of important student concerns. A large majority of professors handed their grades in on time. Students who are still waiting for grades will probably just have to keep complaining. .. — — Remembering Desmond Jurist, attorney, legal scholar, humanitarian, friend — Charles S. Desmond was all of these, and so much more. "In the legal profession he was known as the 'chief,' in recognition of his designation in 1962as chief state judge, the first to hold the title in New York," wrote Buffalo News political columnist George Borrelli. "He was gentle, unpretentious, scholarly, warm, witty, caring and respected." uestnono, au, vied Monday, Feb. 9 after a brief illness, but left behind a legacy surpassed by few. Chief Justice of the Court of Appeals from 1960through 1966, Desmond spent 26 years on the Court in all. Though forced to retire from the Court upon reaching the mandatory age limit of 70, Desmond refused to retire from the legal profession or from life. He resumed the private practice of law, taught at Cornell Law School and, until his death, right here at UB Law School. A nationallyrecognized scholar, Desmond wrote numerous articles and authored two books. He received honorary degrees from 13 different colleges and universities. But perhaps more than anything else, Desmond was a humanitarian and friend. Despite the demands on his time, wrote Borrelli, "Desmond always found the time to help a young lawyer, counsel a friend or contribute his knowledge and experience to a myriad of civic, educational and charitable causes." A man for all seasons, Desmond's presence will be missed, though his legacy lives on. 6 The Opinion February 25,1987 SBA to Hold Dinner Dance On Friday, April 10, at the Niagara Falls Convention Center Ballroom there will be a din- ner dance for the entire Law School. In an effort to defray the cost per person we are asking for any financial support Law School organizations might care to give. In addition to broadening the scope of involvement in this large-scale event, this is an appropriate way to spend any as yet unallocatedfunds an important consideration in light of — the upcoming budget meetings later this semester. Any organization contributing during the next few weeks (prior to the printing of tickets) will be listed as a co-sponsor on the tickets. This is a good opportunity to be part of an activity everyone can enjoy. We welcome your involvement. Here are some additional details about the evening: Dress: semi-formal; tuxedos and floor-length gowns are NOT required. Food and Drink: will be provided by a professional caterer; the dinner will be a sit-down meal. Time: cash bar from 6:30 to 7:30 p.m.; dinner will be served at 7:30 p.m.; the bar will be open throughout the evening. Music: will be provided by a professional D.J. to allow for thewidest variety of music possible. At a later date we will be asking for requests to be submitted to the D.J. ahead oftime. Location: Niagara Falls Convention Center is within easy driving distance of Buffalo and the campus; parking is plentiful and the Falls are a few blocks away. ALL students, faculty, administration and their guests are invited. If you have any questions please feel free to contact me by leaving a note in box #730. Thank you. Robin Miller SBA Social Committee Chairperson Symposium on Mentally Disabled Planned A symposium on mentally disabled individuals and the legal system will be held Saturday, March 7 at the Center for Tomorrow on the Amherst campus when the UB Law School and Law Alumni Association present their 11th Annual Convocation. The morning conference, starting at 9 a.m., is being cosponsored this year by the UB School of Medicine, Department of Psychiatry. A distinguished panel of legal and medical experts will speak and answer questions. According to chairman Joseph G. Makowski, "The attorneys' skills may well determine the fate of these individuals: not only their civil and property rights, but the quality of their lives. "This program is designed to improve practice skills and provide needed information to lawyers who undertake representation of the mentally disabled." Makowski said program participants and their topics will be as follows: *Roger Stone, attorney and executive directorof the Mental Health Association on "The Lawyer's Role." *Dr. Brian Joseph, a psychiatrist and assistant clinical professor, State University School of Medicine on "Consulting With the Psychiatrist." •Beaufort Wilburn, attorney for Legal Services for the Elderly and Disabled on "The Rights of Institutionalized Persons." •William J. Cunningham, attorney and public administrator PEP RALLY SET TO SEND OFF WARRIORS A PEP RALLY WILL BE HELD TODAY AT 10:45 A.M. IN O'BRIAN HALL ROOM 106 FOR WADE'S WARRIORS. COME ON OUT AND SUPPORT YOUR TEAM AND SHOW YOUR SPIRIT. BE A PART OF A WINNING TEAM. WHIP 'EM, WARRIORS! for Erie County Surrogate's Court on "Estate Proceedings." •Mark Mahoney, attorney with the firm of Diebold, Bermingham, Gorman, Brown & Cook on "Criminal Proceedings." •Hon. Theodore S. Kasler of the New York State Supreme Court on "The Judicial Process." •James Sheldon, attorney for Neighborhood Legal Services, Inc. in "Entitlement Programs." •Bruce A. Goldstein, attorney with the firm of Bouvier, O'Connor, Cegielski & Levine on "Attorneys' Fees." Comprehensive handout materials will be distributed. Following the morning panel will be a luncheon and presentation of the Edwin F. Jaeckle Award. The fee of $15 per stu- dent includes program, materials, and lunch. Checks should be made payable to UB Law Alumni Association and delivered to room 315 O'Brian Hall. Some subsidies are available on a first come basis. Those wishing subsidies should leave their names with Pat Warrington in room 315. Committee members for the event include Hon. Margaret Anderson, Paul A. Battaglia, William R. Brennan, Carol White Gibson, Barbara Howe, Dan D. Kohane, Hon. Edmund F. Maxwell. Also, Alan Carrel, associate dean, UB Law School; Douglas S. Coppola, president, UB Law Alumni Association; and llene Fleischmann, executive director, UB Law Alumni Association. School Spirit Is Mourned; Void Will NeverBe Filled Everyone involved with UB should check out the "Genera- tion" article of Feb. 3.1 particularly applaud the Ketter article, having been fated to take my B.A. here during his mid-regime. His administration perpetrated mean-spirited power plays against all sectors of the University community during the mid-70s. Its stubborn, ab- solutist attitude condemned (certainly those 87 + 37 who wouldn't leave Squire) to anger and cynicism. But the silver lining to this was a solidarity and political vibrancy school spirit in a deeper sense. The loss of this feeling will never be filled by upgrade proposals for big many — sports. What mainly contributed to this positive community atmosphere was the social continuity and contact with diversity (including off-campus "agitators") provided by our wonderful Student Union. Squire had it all: offices for all media, clubs; spaces for recreation and even one with a large events fireplace and chandeliers. All students feeling alienated by the UB experience '87-style should demand a real Rathskeller such as existed on the basement floor, across from the pool room, of what is now the Dental Building. Perhaps a grain of the spirit of the old Union can be transplanted to the suburbs. Likewise, let's speak up for the honoring of Mr. Jarvis, a true hero. Few public buildings have been named after Nixon. — Joseph F. Sinkewicz Law Student Tax Competition Announced The UB Moot Court Board will host the 14thAnnual Albert R. Mugel Tax Moot Court Competition on Wednesday, March 4 through Saturday, March 7. The preliminary and semifinal rounds will be held down- SBA Proposal .. them, and I don't want them to feel bad." Gilbert said it is easiest to single out the JAG Corps because it has a public policy of discriminating against lesbians and gay men. He said several law schools, including Harvard, Yale, UCLA and Ohio State, have banned military recruiters town at the City Court Building at 6:30 and 8 p.m. The final rounds will be held in Judge Curtin's courtroom at the Federal Courthouse at 2 p.m. Saturday, March 7. • continued from page I from using school facilities to conduct interviews. "Discrimination against gay people isn't perceived as much an injustice as discrimination against women and minorities, and we've got to get people to see that they are in fact the same," Gilbert said. �The Boy Mechanic by Kevin O'Shaughnessy Condoms Create Commercial Commotion "When you're lovers in a dangerous time. Sometimes you're made to feel as if your love's a crime. Nothing worth having comes without some kind of fight, Got to kick at the darkness until it bleeds daylight." — From the song, Lovers in a Dangerous Time by Bruce Cockburn There is a great scene in the movieSummer 0f42.The main character, a teenage boy named Hermie, spends five agonizing minutes trying to find a tactful way to purchase condoms from the neighborhood drugstore. After much consternation, and the purchase of an ice cream cone with sprinkles, he achieves his goal by telling the concerned druggist that the purpose of condoms is to fill them up with water and drop them on people's heads. The drugstore purchase of condoms has been a traditional rite of passage for adolescent males. It meant that you were ready. You were not exactly sure what or who you were ready for, but you were ready. As you got older, condoms fell out of vogue. They were tacky, spoiled the mood and the drugstore got to be a drag after awhile (besides, "everyone" was on the pill anyway and, more implicitly, birth control was her responsibility). Enter AIDS and the era of safe sex. Depending on who you listen to, AIDS is either the latest "hot" disease with its own television specials (in the same league as Herpes, Anorexia or Bulimia) or it's the great plague thatthreatens the entire human race. At the very least AIDS is . a highly communicable disease that causes death. The United States Surgeon General, C. Everett Koop, has advocated the instruction of school children about the dangers of AIDS and has recommended the use of condoms (behind abstinence and monogamy) to help prevent the spread of the disease. Despite these factors, the three major televisionnetworks have refused to air commercials for condoms. The same puritans who brought you Charlie's Angels, Dynasty, The Love Boat and a whole slew of specials starring LindaBlair (rememberthe one that was set in a girls' reform school and featured a broom handle rape scene?) are afraid of offending the viewer's morals. When television would not come to the drugstore, the SBA Briefs drugstore came to television in the form of Rev. Carl F. Thitchener, minister of the Amherst Unitarian Universalist Church. His "Condom Conundrum" ser___, (which /..,i,i„i, j„j :.u *v mon ended with the Australian television. Television used Rev. Thitchener and vi- -------, u--l. his sermon as a type--« of backdoor condom commercial. -.. _ .. _ The recent news articles unvarrest record _. Z- his.1past produced by the were indirectly ', , nypocntical three networks ban on condom commercials. _-, --. _• The media made Rev. Thitch-* ener larger than his message. The message is largerthan Rev. Thitchener, something which he claimed all along: People must shed the drugstore ritual «•_ --. covenng .. . jl . , . .. j. .. doms are an effective method of preventing the spread of a deadly disease. ...the condom commercial ban continues, here are my top .. erna .ve . Ef; flve » . .. . -~.--;-.passing .»..� out -« of „x_j condoms-*„ to .vthe congregation) drew the attention of the three American networks, in addition to British and -- - . mentality and realize that con- ■_ °'* " corn°attmg the spread ofAIDS: (1 Condom-Matics installed next to all banking machines (2) Mandatory wearing o c History T-shirts in all Sexual pU ,„."L a~S-,-,. gear must be (3) Full SCUBA worn during all sexual acts. --..fr.* gear is unavail-•■ ~ SCUBA (4) If r_.ii. wrap themable, partners must • dry-cleaning bags v selves in and , goalie masks, wear . ,_, (5) An extensive private co V JT lection of exotic inflatable sex > . ... , ' _ _ _ .~ .. , - If you willI excuse me, have to do some shopping at the drugstore ... by Brett Gilbert JAGResolution andIncrease in Fee Adopted Well, parties galore are being planned for the remainder of the semester and things have been rather busy down in the SBA office. Let me take a few minutes of your time to explain what has been going on around here. Nondiscrimination Policy For The Placement Office: At the Feb. 1 1 meeting of theSBA, the Board of Directors voted in favor of a resolution which called upon the Law School's Placement Office to abide by Gov. Cuomo's Executive Order and SUNY Board of Trustee resolution which bars discrimination on the basis of sexual orientation in the provision of any service by a state agency. The SBA resolution also called for the Placement Office to adopt an explicit policy of nondiscrimination and to make its facilities available only to employers who will certify that they do not discriminate on the basis of sex, sexual orientation, race, color, religious creed, national origin, marital or parental status, age or handicap. The vote on the resolution was 17-0-1 (Shelly Rice, a first year director, abstained). I will be taking this resolution to the next faculty meeting so as to secure their endorsement for the proposal that the Placement Office should abide by statewide guidelines and institute a policy of nondiscrimina- tion. Activity Fee ReferendumAnd Second YearDirector Election: The activity fee referendum his opponent, Laurie Green, by a vote of 38 to 26. Thanks to all those who took the time to vote! Letters To Letterman: During the Fall semester, thirdyear students voted David Letterman to be their number one choice for commencement speaker. The Commencement Committee him to attend our commencement. We collected about 100 letters, all of which will be mailed out. Hopefully, this will provoke David into giving us some sort of reply. We'll keep you up to date about this. Otherwise, everyone who has been written to has declined our invitation to speak. We are popular, aren't we? Oh well, we'll keep trying. SBA Executive Board Elections: Elections for SBA Executive Board members will be April 1-2. Petitions may be picked up on the SBA office door on March 4. First and second year students should start thinking about whether they want to run for the office of president, vice-president, treasurer, or secretary of the SBA. SBA Parties: Here is the tentative schedule for the remain- ~Letters to Letterman lobbyists. passed with a vote of 87 yeas to 22 nays. Beginning in theFall semester, the activity fee will be $22.50 per semester. Larry Lane was elected to be a second year director, beating sent a letter to David inviting him to speak, but he has yet to reply. The SBA conducted a "Letters to Letterman" campaign in which everyone was invited to write David urging .. der of the semester: Feb. 25 —The SBA Suitcase Party at Barnaby's. The fun and games start at 8 p.m. March 2, 3, or 4 SBA Jam. Students can show off their musical talent in an intimate bar somewhere in Buffalo. (We are still trying to pin this one down.) March 26 Fifty-three Days till Commencement or Senior — — Week Fund-Raising Party (we haven't decided what to call it). Location to be announced. March 29 The Law Revue at the Tralf. This is always a good time. Students, especially first year students, should begin to think about what kinds of acts they would like to perform (don't get fresh). April 10—The SBA DinnerDance at the Niagara Falls Convention Center. Depending upon how much we can get the smaller Law School student — groups to contribute, ticket prices should be about $12 per person or less. This will include a sit-down dinner, cash bar, and a professional DJ to spin the discs. Of course, everyone is invited! May 9-16 —Senior Week. A different event each day will highlight this week before commencement. Everyone is invited to partake of the daily activities. Moreinfo to come later. Well, that is about it for now. Spring Break is just around the corner. I'm off to figure out when I'm going to have the time to finish a paper I still owe Pro- fessor Albert. (Don't tell Marjorie Girth I said that or she'll pull my file!) Aggravation, Frustration Cloud a Sunny UB Sky by John Bonazzi I like it here. I really do. I've been to other schools where their idea of an education was rote memorization, multiple choice exams, and grading according to a curve. Thankfully, it's not like thathere. Yup, I feel like I'm learning something. I also feel thatthere's somebody out there trying to screw everything up. You can call me paranoid if you want (stop talking about me!!) but I can't explain it any other way. You know what I mean. Those aggravating nuances that exist only to distract. The inexplicably stupid policies and realities that cloud the otherwise sunny UB sky. You want examples? Fine. Here goes. I Copiers. should have said, "What copiers?" What's your idea of fun? I'll bet it isn't waiting in line 20 minutes to use the copier for 20 seconds, then returning to your seat, reading those copies, and get a million more books to copy. You get the idea, I'm sure. While I shall remain indebted to the library for getting me back in shape (those marathon jaunts to Lockwood have sure helped!), I prefer to exercise when I'm in the mood, not when the libra- rians are in the mood. There are two things very wrong here. First, we need more copiers. I'm sure the librarians will tell me that they can't afford them, but it should be pointed out that while copiers cost more than books, copiers pay for themselves (and then some) and books do not. In the long run, it is more cost efficient to provide more copiers. Second, it is absurd to have library desk workers not be able to provide basic, routine maintenance on those machines. When the copier is out of dry ink, the copier is shut down. When the copier needs toner, it's shut down. When it's You get the idea. Pretty soon, they're all down. C'mon, no one expects you to crawl in there with drills and jackhammers, but a brain-damaged Federalist can put ink in the machine. Please change this senseless, stupid policy of yours. Phone. Why isn't there a campus phone located somewhere on the first two floors of O'Brian Hall? Besides being a pain in the Ed Meese, there used to be one outside the SBA office. Who took it away? It's really not much of a problem, though. I can use the one near Lockwood on my way to make copies. Oh, just an idle thought: what if a female is parked in front at night and wants to call the UB escort service, but doesn't have a quarter? Ladies, better stock up on air horns. Doors. Oh all-knowing sage, let me gaze into your omnis- cient eyes and learn the answer to this mystery: why do those morons lock the ground level Park Hall doors separating the Law School from the front parking lot? Park Hall remains accessible through the second story skywalk, so it doesn't increase security. All it does is piss me off. Undergraduates. Why do so many of this species like to pes- ter us? They're all around us, making noise and disrupting us from our eternal search for the meaning of the legal cosmos. It's hard enough doing legal research when tens of your "peers" are trying to frustrate you by failing to put books back where they belong; it's darned near impossible when undergraduates are playing catch with your Supreme Court Reporter. And another thing. Why do they insist on going into the third floor cubicles and drawing and writing on the walls and desks only about anything related to sex? Are they just horny, or is it complicated by a bad case of "I miss my Mommy?" Let's ban themfrom the Law Library we can draw our own sensuous graffiti, thank you. While I'm at it, let me add that a lot of law students need to grow up too. Enough said. — Research and Writing. Why do those sadists insist upon the throw-the-dart-in-the-dark approach to instruction in R&W? What ever happened to good • old-fashioned instruction? How about examples and samples? Are instructors just lazy, or simply unconcerned? Nils Olsen, are you out there? Yes, I know that all of you have complaints, too. Don't worry. I'll be seeing you in the hall. You can tell me what they are, and I'll write them in this column. Together, we can piss them off for a change! February 25,1987 The Opinion 7 �@ ____________________■ --fl ■Jit • i ____________________■ --fl iiiir _____■_______________! --fl ____________________■ _-fl ij)r *^fl iiii The Best Course Of Action. I Stanley H. Kaplan has students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake Prepare with Confidence CALL TOLL FREE 800-343-9188 800-223-1782 8 The Opinion February 25,1987 I I �Women Faculty Event Receives Sparse Turn-out by Susan Clerc About a dozen women law students showed up for each of three wine and cheese receptions held in the Faculty Lounge by women faculty members on Feb. 10, 11, and 17. The purpose of the receptions was to acquaint students with women faculty. "We realized from conversations that many students didn't know us as faculty or even know who we are," said Associate Dean Marjorie Girth, one of the faculty members present at the reception for second year students. This aim was denied by light turnout and the tendency of students to arrive with and stay with people they already knew. Most of the few who attended the receptions for first and see- ond year students stood or sat in knots around the lounge, which was gaily festooned with Christmas decorations. The largest knot gathered at the table where the refreshments were displayed. These consisted of red and white wine, apple juice and a platter of cheese and crackers attractively garnished with apple slices and parsley sprigs. Every now and then, a courageous faculty member would attempt to infiltrate one of the small groups and engage its constituents in conversation with varying results. Discussion followed the usual pattern of school gatherings grades, and whether interviewing, O'Brian is actually heated in the winter. on-one ratio of students to fac- Apathy and fear were the chief reasons given by women studentswho did not attend. "If they know who you are," reasoned one first year, "they'll call on you in class." A more cynical view was expressed by ulty. a second year student: "I see quite enough of my professors in class." Both students requested anonymity. Although most classroom intimidationhas lost its effect by the third year, the apathy that accompanies senior status at any school is firmly established. It was therefore unsurprising that attendance at the third-year gathering was the lowest of the three, with a one- — The atmosphere, however, was more relaxed and conversation occasionally strayed from the accustomed ruts of law talk to something interesting. the reception. Suggestions ran from having a panel discussion of some of the problems that confront women in the legal field to introducing the faculty members to everyone instead of making them wear name tags. This was the first attempt by the women faculty to hold this sort of event. Questioned as to whether receptions would be held in the future. Girth replied that "it depends on the reaction we get" to those held thisyear. Considering the lack of reaction from most women students, the faculty may want to consider changing the format. One observation by women who did go was that there should be something preceding More publicity might also increase attendance. The only notice given of the receptions was a memo placed in student mailboxes. Several of those not in attendance said that they "just didn't know about it." The lack of interest in this year's program makes it clear that changes are necessary if the faculty wants to achieve its goal of getting to know law stu- dentsoutside of theclassroom. BLSA Students Win Regional Competition by Gregory Jackson "■* i UB law students H. Todd Bullard and Greg Brown captured runner-up honors in the Northeast Region Black Law Students Association Annual Frederick Douglass Moot Court Competition held Feb. 12-14 in Boston, Mass. A team from Syracuse won the event. <U Seven* Avenue. S«tte 62 ■ New York. New York 10001 (»1) 594-369- (201)623-3363 ' Though finishing second, Bullard and Brown will advance to the National Frederick Douglass Moot Court Competition in Houston, Tex. on Mar. 18-22, as the top two teams earn berths. Bullard and Brown's case in the regional competition dealt with the question of whetheran organization called American HowtobuyaTV m \'jpfr**mmmmmmfj&*B*^ Charity violated sections 1 and 2 of the Sherman Act. The respondent organization had created a monopoly in a "donor employee" market through its control of access to corporations participating in payroll deduction plans. Arguing forthe petitioner, the Black Community Support Fund, Bullard said that American Charity had effectively created a monopoly through its exercise of power and domination over the donor employee market. Brown then argued that "employees" did in fact consti- tute the relevant market and that the Black Community Support Fund's activities were protected under the First Amend- ment. Bullard Brown, both and members of the UB Black Law Students Association, com- .| I ■t-3 Jj $ f J| — Bllilk.B I / ""'TJM kVL_V How to get the Card before graduation. 3L 9k k\ I fl ■ V W A *F j/til -J,,, The American Express* Card can get you virtually everything from a TV to a T-shirt. Or a tuxedo. From Tulsa to Thailand. So during college and after, its the perfect wayto pay for just about anything you'll wanl __F_3k. S~?0 ._r- peted against teams from Cornell, Syracuse, Boston College and Seton Hall in capturing the regional competition. ■ College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduate with our special studentoffers. For details, lookfor applications on campus. Or just call l-800-THE-CARD, andask for a student application The American Express Card. WfrzJmmw Don't Leave School Without Itf' 189K€NMOR€ AYE. BUFFALO, NY 14223 835-5587 1111111111111111111111111111111111111111111111111111111l p E q **JJ M PROFESSIONAL • TYPESETTING OFFSET • PRINTING SERVICE • FAST COMPETITIVE • PRICING MANY • DIFFERENT E -H L-T H S* l_-k TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! m B 3171 Main Street (MMm S. of Wmspetr) NY Al Kjf% Buffalo. ItVnimrp 835-0100 _BH |hLAvi m\ "t5^ S£RVK:es rsfVrl InrvJSjV§ ■ 1676 Nla. Falls Blvd. (acrott from K-Mart) Tonawanda, NY 834-7046 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1l February 25,1987 The Opinion 9 �UB Law Journal —— Master ofLaws Boston University School ofLaw A unique, multidisciplinary course of study offering a singular educational opportunity for lawyers who wish to practice in this dynamic, fast growing area of specialization. Taughtbyfaculty of theBoston University School of Law, management experts, and eminent banking law attorneys, this innovative program provides an exceptional blend of intellectual and practical education at one of the nation'sforemost law schools. The curriculum has been meticulously designed to provide courses covering the full range of banking law subjects and courses specially developed to introduce lawyers to the legal, economic and managerial aspects of the financial services industry. Applications are now being accepted for full or part-time enrollment in September 1987. rgi B 9 ii i ' Ites For a catalog containing detailed information and applications forms, write: Graduate Program in Banking Law Studies Morin Center for Banking Law Studies Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 or call: 617 / 353-3023 ■__ !L-_-ZZLa__ZZZZ mmmmammmaaaaaaZmaZ Z_______Z_ZZ_Z ZZZZ____ZZZ ~~"~^^~ ~^^^^~~~ , ________Z___Z_Z __ __ __ __ __ __ __ ■_-— u——uu— memaammaawwaaaamam Z__________!Z__Z j~ .. . . Ton is now in the process of drafting a proposal to the dean and the faculty; trying to get both the support and the money needed forthe new journal. He will also try"to get a charter from the SBA, in order to obtain formal^recognition. In addition, and more importantly. Ton is beginning to seek the student support so critical to such a venture. His goal for the publication of the first issue is around November of this year. That will mean getting a lot of people with a commitment to the publication. The qualifications for such persons are an interest in journal work/ research, and a willingness to commit to the formidable task of getting a new journal together for the first time. continued from page I Ton believes such a journal, once established, would be good for the Law School. He views UB as a school where students enjoy their time here; the UB Law Journal would be another rewarding experience. He feels it wouldalso give seminar students an additional opportunity to get papers published. Furthermore, Ton feels it would give the Law School another journal and increase its visibility. Finally, he said it would make UB more attractive to prospective law students. Once again, if you are interested in participating in the formation of the UB Law Journal, and/or are interested in serving in some capacity. Ton invites you to contact him by leaving a note in box #815. SBA Election Coming Up The time for elections for the Student Bar Association's Executive Board is rapidly approaching. First and second year students who wish to run for the office of SBA President, Vice-President, Secretary or Treasurer can pick up an election petition on the SBA office door beginning Wednesday, March 4. Ten percent.of the student body must sign a petition for the candidate to be placed on the ballot. Although third year students may sign election petitions, the SBA Constitution prevents them from voting in the elections. Other important datesfor the SBA elections are as follows: Monday, March 23 Opinion deadline for a candidate's personal statement (two typed pages maximum). Wednesday, March 25 Election petitions due in SBA office (deadline is strictly at 5 p.m.). Monday, March 30 Election Forum (to meet the candidates). Wednesday, April 1 Opinion published. Wednesday, April 1 Thursday, April 2 Elections. 01BAR/BRI STUDENTS t*!aCf |M PASS THE i-H BAR iDf The Opinion February 25,1987 10 �P H O T O S Wade's Warriors Chicks dig Chip. Party Renee questions Dave's plans for a haircut. at Pine Lodge- s, Fundraiser; ! on s Thursday, : Feb. 12 s >« >. Tony Orlando and Dawn's. Will Zickel and Joel Schecter in training? f_f-r_r_. ELS Ski Trip Relaxing after a hard day on the trails. iiWWU......y<»l)Or..-■ Oppression tation, and the like. Certainly, our efforts cannot compare to the efforts of those who were jailed in Birmingham or beaten at Stonewall, but as the times change, so must our methods. We should be willing to fight oppression on any level which may be available to us. The point is that the struggle for liberation and the fight against oppression should not end as we enter the doors of O'Brian Hall. We should be willing to tellthose employers who would discriminate against our friends that they are not welcome here; we should be willing to tell those employers that they can go elsewhere to sell their racism, sexism and homophobia. The state of New York should not have to pay for recruitment facilities for these people. Many other law schools in the country have shown their com- mitment to freedom by requiring all employers who use their placement facilities to sign a statement indicating that they do not discriminate in their employment process. These law schools include Harvard, NYU, Syracuse, Yale, Ohio State, UCLA, and dozens more. With the progressive reputation we continued frompage 5 have, I•*••'• am surprised that the current state ofaffairs has been allowed to continue for so long. We should put a stop to it now. This is not to say that those students who wish to work for the Ku Klux Klan, the American Nazi Party, or the U.S. Armed Services (pardon the comparison) will be prohibited from doing so. In fact, for example, the JAG Corps of the Armed Services have indicated that they are quite willing to interview students at a nearby location off campus, and I'm sure the KKK and the Nazis would do the same. A student's freedom to join such organizations will remain intact. The SBA has called upon the Law School administration to end the public financing of racism, sexism, homophobia, and other forms of bigotry. We are asking the PlacementOffice to adopt an explicit policy of non-discrimination and to require employers to accept its terms. While to some this may appear to be the most radical of proposals, I find it to be not the least bit controversial. The proposal encapsulates the most basic elements of justice and deserves the support of the entire Law School community. Sandy Wozniak finishes the "easiest" run. Sunday, Feb. 8 The Environmental Law Society went on a cross country skiing trip event which was co-sponsored the people attended to Allegany State Park. Nineteen afternoon. Beginners later the falling in with snow beautiful by SBA. The weather was of falls. time a lot despite a great alike had and advanced skiers MH H 4H Sevrnifc Avcnu*. s_ttr 62 New Yoft. New Vorfc 10001 (1H)5»4-»-0- («M)MS-33<3 February 25,1987 The Opinion 11 �New York, New Jersey, Massachusetts, Connecticut, successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: II I 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 A_M / l'r-^is '/ If IS If )Mf /// I - "_-!—s__J-» ""1 Head Rep. Todd Bullard 3rd Year Reps. Bernetta Bourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt >Rickßesnick The Opinion February 25, 1987 12 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 mm Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders JoelSchecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder* Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock | U j I gpall P&llfl\ ©19678W8R1 jyj fcil \tY_-_i V__-_J»__9__B_l_ Head Rep. Barry S. Stopler 2nd Year Reps. CoraAlsante Shari Berlowitz Mike Biehlcr Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz Carol Livsey BobMcßride Ramon Perez Joshß. Rosenbloom Lisa Strain ScotThurman JimTierney , Christine Tsai Debbie Dewitt Walker John Williams Dana Young I™\ ■ ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-02-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3748dc30fc11643edfef485dbb924ecf.pdf 49515078e3153c6a2d79a5f3716a8d3c PDF Text Text . Wade's Warriors Inc. Makes Final Four by Kevin O'Shaughnessy They ors has been criticized call me sexist! They call me militaristic! Well, I don't care if I come out smellin' a little bad. Hell, I've been in a lot of places where everybody smells a little bad..." The Colonel mentioned that this would be his last campaign and that "the old Colonel's hangin' up his guns after this one." He went on to declare, "... if I have to play the role of a Confederate Colonel and drag this poor soul (pointing to the cringing Dean Newhouse) into the role of General to raise money for Haven House (a local battered women's shelter) and raise school spirit, so be it!" The press conference concluded with the Colonel introducing members of the board Wade's Warriors, the Law School's all-star intramural basketball corporation, finished third out of 20 teams at the 12th annual Western New England College of Law Basketball Tournament. The Warriors, seeded 19th, quickly became the tournament's darlings on theirway to the final four due to the combination of on-court talent, media hype, coaching, and good management. The Pep Rally The Wade's Warriors pep rally on Feb. 25 was well attended and psyched up both school and squad. Colonel George "Black Jack" Villegas was at his feistiest when he declared, "I know Wade's Warri- Wade's Warrior's in action. (Marjorie Girth and Aundra "Sweet Magnolia" Newell), members of the team and the General himself. Dean Wade Newhouse. Newhouse presented Tammy Schultz of the National Lawyers Guild with the $300 that was raised through the Wade's Warriors campaign for Haven House. The Journey The next day, the four-car Wade's Warriors motorcade (three cars for the players and a mysterious staff car with an "official government agency" sticker and Ohio license plates the staff car contained the management: Traveling Secretary and Assistant Vice PresidentBrian Bornstein, Corporate Vice President Steve Pidgeon, . continued THE OPINION Volume 27, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OFLAW on page 14 March 11, 1987 SBA Charges Policy Violation on Star Wars by Zulma A. Bodon After a lengthy discussionaddressing the legality of Strategic Defense Initiative (Star Wars) on campus, the Student Bar Association (SBA), by a unanimous vote, adopted a resolution on Wednesday, Feb. 18 asking the University to observe its own guidelines which mandate the unrestricted disclosure of research activities. According to SBA President Brett Gilbert, "This is not a resolution that either supports or condemns Star Wars research. It is a resolution that asks the University to follow its own rules regarding the free flow of information from all research contracts." Eric Goldhagen, a member of the UB Greens, was at the SBA meeting to explain the resolution and to outline the standards set out in Section 042 of the SUNY guidelines. According to Goldhagen, Section 042 was added to the SUNY guidelines in 1967. He explained that based on a memo from Chancellor Gould to SUNY campus presidents, the purpose for adopting Section 042 "was to explicitly forbid secret contracts or clauses that would restrict the free dissemination of research findings." Section 042 states that "any research-related programs con- ducted by personnel at the University, carried out in State-operated universities or colleges or on University controlled premises, shall be unrestricted as to thedissemination publicly of the conduct, progress, and result of such research or research related programs." The Research Foundation of SUNY, the group responsible for overseeing all research at SUNY campuses, entered into a contract on Aug. 23,1985 with, the Defense Nuclear Agency. Under the contract, the Univer- sity agreed to conduct research on "SDI Power Conditioning." The signing of the contract, said Goldhagen, violated Section 042 because "it contains prepublication review clauses that contradict the University's standard of unrestricted open- ness of research." Goldhagen further explained that the contract's prepublication review clauses direct SUNY to submit copies of any material prepared for public release to the Defense Nuclear Agency who will then "review the draft and return it without delay to the contractor with his comments and recommendations including any security classification." The SUNY Research Foundation's Research Directors Hand- book, according to Goldhagen, provides that "SUNY forbids the acceptance of any research contract, or agreement thatprohibits the publication of results without specific waiver by the Board of Trustees; and according to Dr. Charles Carls, ÜB's director of Sponsored Program Goldhagen also indicated that some members of the Administration feel there is no conflict between this contract and SUNY guidelines because no information regarding SDI research on campus has yet been classified and that the government can classify any research, even research that is not government funded. continued onpage 2 Women, Minority Faculty Appointments Lagging by Zulma Bodon Although the Law School's Faculty Appointments Committee (FAC) has and continues to make efforts to recruit women tion to the special concerns of the individual,and by exploring ways in which the candidate's interest can be integrated into the curriculum. and minorities for clinical and teaching positions, the actual number of faculty hired ip the last 8 academic years does not reflect any significant changes in the hiring of women and minority candidates. Thus, the shortage of women and minority faculty in UB Law School is not only visible but critical. In a memo circulated to the faculty, Professor Betty Mensch expressed concern over the pattern that has emerged in recent years with respect to hiring women and minorities. Her Dean Wade Newhouse called the Mensch memo "very useful" and pointed out that he sent Professor Mensch a letter of thanks. The Dean stated that the hiring of minorities and women was "a moral imperative." Prof. Betty Mensch. memo was critical of certain instances where the FAC could qualified have attracted feminist women and minority candidates by focusing atten- In an attempt to further explore this problem. The Opin- ion interviewed several representatives of the FAC as well as some members of the faculty. First, we wanted to learn about the composition of the commit- Dean Search Process Continues , by Krista Hughes Since they began soliciting applications, the Dean Search Committee has received approximately 120 resumes from individuals who are interested in becoming UB Law School's next dean. Kyle Maldiner. Administration, this contract has not been reviewed by the Board of Trustees." Out of the 120 resumes the Committee selected eight individuals who will definitely be asked to come here for preliminary one-day visits. The Committee is looking for further information on at least two individuals and there is still another <group of applicants who are being considered. Two of the top eight applicants have already met with the Committee, the first on Tuesday, March 3, and the second on Friday, March 6. These oneday visits are essentially for purposes of screening, and are with members of the Dean Search Committee only. It is only after these preliminary meetings that the Committee can decide whether to ask a po- tential candidate back for a second, more extensive visit with students, faculty and administrators. The one-day visits are carefully planned by the Committee so that the applicant is meeting with a diversity of individuals throughout the day. For the first invitee, breakfast was with members of the Committee, lunch was downtown with the lawyers on the Committee, and the afternoon was spent finding out about the Law School. TwO more applicants are scheduled to come in before continued on page J tee, the search procedures and the appointments process. We were also interested in knowing more about the selection cri- teria before the recruitment process is put in motion. Fi- nally, we also looked for statistical data showing the number of women and minority candidates hired in the last 8 years. Composition of Committee The usual number of people in the FAC in any given year is nine. This year's committee is composed of six faculty members and four students. The selection of students to the committee is conducted by the Student Bar Association (SBA), continued onpage 4 inside Financial Aid News The Opinion Mailbox .. Movie Review .... 5 8, 9 11 Wade's Warriors 15 Pics ..... �SBA Changes Policy . In response to this position Goldhagen asked: "Since these clauses are not needed to classify the results of this research, why are they included in the contract in the first place?" And, . "Why is this research funded through Defense Department category 6.3, usually used to fund classified research?" Most University research, he said, is funded through cate- Ground Water Resources Issue in Environ. Law by Dave Piatt The 17th annual Course of Study in Environmental Law was held in Washington, D.C. on Feb. 19-21 to discuss the status of and recent amendments to various federal environmental statutes. This event is sponsored annually by the American Law Institute and the American Bar Association and brings together renowned environmental lawyers and policy makers from across the country. Keynote Address The three-day course was kicked off by keynote speaker Sen. David Durenberger of Minnesota, who spoke about the issue of groundwater contamination. The groundwater resource, said Durenberger, is one of our most valued and least talked about resources. He emphasized thatthis vast resource is quite complex and vulnerable; groundwater resources cannot just be cleaned up following contamination the way that surface waters supposedly can be. The nature of this resource, said Durenberger, demands a regulatory program which prospectively prevents contamination rather than a program which merely reacts to pollution activities in an ad hoc and corrective manner. Durenberger outlined three elements which he considered imperative forany comprehensive groundwater regulatory program. First, such a program must include an aquifer classification system based on the relative vulnerability of each body. Second, water quality standards are needed to serve as objective yardsticks measuring the maximum allowable concentrations of pollutants to be tolerated. Finally, such a program must target potential sources of contamination such that problems are addressed in their incipiency. Sen. Durenberger said that such a regulatory program could possibly be generated by Congress within the next two years. His enthusiasm and optimistic approach toward groundwater protection, said Durenberger, stemmed from the "grass roots" nature of the groundwater protection movement and from the bipartisan commitment of Congress toward environmental protection. Legislation Reviewed Legislative amendments to federal environmental laws made by the 100th Congress, along with common law developments in each area, were the major topics for discussion. The following consists of an outline of topics covered in the course. In-depth materials from the course materials are availablefor photocopying from the Environmental Law Society. I. 11. Superfund (CERCLA) and Related Developments a. Changes in procedures for settlement of cases, claims and related enforcement issues b. Superfund enforcement c. The new Superfund and business d. CERCLA decisions during the past year c. Superfund Amendments and Reauthorization Act (SARA) Environmental Litigation Developments a. Standing b. Ripeness and exhaustion of remedies c. Preemption d. Federal common law c. Sovereign immunity f. Scope and standard of judicial review g. Discovery and the administrative record h. Nuisance and trespass i. Laches, res judicata and collateral estoppel 111. RCRA Amendments and Other Hazardous Waste Developments a. Corrective action and loss of interim status b. Actions for personal injuries/other damages IV. NEPA and "Little NEPA" Developments a. Affect on private practitioner b. NEPA litigation V. Clean WaterAct and Safe Drinking WaterAct Amendments VI. Clean Air Act Amendments a. State Implementation Plans b. The EPA perspective , VII. Wetlands Protection a. FWPCA b. Other laws affecting c. Common law decisions VIII. Criminal Enforcement of Environmental Laws a. Prosecution and defense of environmental actions b. New York criminal enforcement IX. Citizen Suits a. Statutory provisions b. Litigation strategies c. Attorney's fees Contact Dave Piatt, Marty Spitzer or Steve Axtell for further information on the course or to gain access to the course materials. Dave Piatt is a member of the Environmental Law Society. 2 The Opinion March 11, 1987 continued frompage I gories 6.1 and 6.2 which targets basic exploratory research. Goldhagen contends that the objective of the SDI "is to develop radiation hard electrical capacitors" and the use of the capacitors "is clearly stated in the contract, which means that the purpose of the contract is not to do basic science research, but to develop an integral part of the electronic circuitry for SDI." In light of these facts, Goldhagen concluded, the inclusion of the clauses in the contract points to the government's intent to generate classified re- sultsfrom SDI research on cam- pus thereby violating SUNY guidelines. "When looking at the purpose of this research," he said, "it becomes perfectly clear that if this project produces results it will become classified." WHEREAS; SUNYGuidelines Sect. 42 states that, "Any research or research-related programs conducted by personnel of the University, carried out in State operated universities or colleges or on university-controlled premises, shall be unrestricted as to the dissemination publicly of the conduct, progress, and result of such research or research-related programs." And, WHEREAS; UB is conducting research under a contract that allows for pre-publication review and the classification of any research results. And, WHEREAS; This project is to develop an integral part of the Strategic Defense Initiative, a weapons related project, and the more mission orientated a military research project is, the more apt it is to generate classified results. And, WHEREAS: The SUNY Guidelines designate the Board of Trustees as the final authority for deciding questions concerning the dissemination of research information. Therefore, BE IT RESOLVED; We, the Student Bar Association, urge the University, and the Board of Trustees to pursue one of the following courses of action: 1. Immediate cessation of research funded under contracts that restrict free flow of information. 2. Renegotiation of any contracts that restrict free flow of information. And, BE IT FURTHER RESOLVED; We, the Student Bar Association urge investigation and review of all research contracts held by University personnel within the DOD (Dept. of Defense) for any violations with SUNY Guidelines concerning classification. Dean Search spring break, and the remaining four will be scheduled for later in March. Second visits will probably be slated for April, and according to Jim Hayden, a student member of the Committee, "we may actually start the second round [of interviews] before the first round is done." Both Hayden and Kyle Maldiner, the other student representative to the Committee, remark that the eight who have been chosen look "tremendous on paper." The crucial part, however, is whetherthe person actually meets with the expectations. Actually meeting the candidate is to potential Hayden "the most significant part of the process." Neither Hayden nor Maldiner could give any details about the eight invitees, mainly because none of these people have en- tered their names as definite candidates. continued from page I It is evident, however, that the selection is relatively diverse. Two of the applicants are currently associate deans of law schools, several currently have positions as law professors, and all have at some time been tenured as professors. Several candidates are as young as mid-30's, and apparently a wide range of schools is represented. Only one woman is scheduled to make the initial visit to ÜB, and both Maldiner and Hayden are enthusiastic about her credentials and her potential as a candidate. No minorities are included in the top eight applicants; however, the Committee is in the process of obtaining more background information on one potential minority candidate. When the Committee has selected one or more of the initial invitees to present to the rest of the Law School, definite Jim Hayden schedules will be set up so that each candidate will come to the school for at least two days in order to meet with the faculty, the students, and various other Law School and University personnel. Student meetings are considered an important part of the process, and participation in the scheduled meetings is strongly urged by both Hayden and Maldiner. NY Public Interest Symposium; More Employment Opportunities by Melinda K. Schneider The Public Interest and Public Service Legal Career Symposium was held on Feb. 26 and 27 at New York University School of Law. The purpose of this program is to encourage an exchange of career and job information between attorneys from public interest and government offices and law students from 17 law schools in the New York metropolitan area. There were 40-50 organizations represented at the symposium each day to conduct either formal or informal interviews with the participants. Formal interviews were scheduled beforehand through the Career Development Office, but it was possible to pick up another interview each morning due to cancellations or noshows which left slots open on a first-come, first-serve basis. Informal interviews were conducted in the Greenberg Lounge of the law school, where prospective employers were set up at numbered tables each morning. These organizations would talk to any and all students who approached them, but they were basically more informational than specifically job oriented. In addition, there were panel discussions on both Thursday and Friday afternoons open to all participants and dealing with a variety of public interest subjects such as legal aid and career opportunities with government agencies. Diane Dean, the graduate assistant for Public Interest Careers, will student participants from UB for their impressions of the symposium in a formal questionnaire sheis preparing. Anyone who attended this year's symposium and would like to comment either positively or negatively about the benefits or value of the event should contact Dean at O'Brian Hall, room 625. Bflo. Journal ofContemp. Law Granted Charter by S.B.A. by Brian Ton On Wednesday, Feb. 18, by a unanimous show of support (12-0-0), the SBA chartered a new legal journal. SBA recognition has resulted in office space and funding for the new journal. An article in the Opinion on Feb. 25 referred to the new journal as the UB Law Journal. It has since been renamed the Buffalo Journal of Contemporary Law. The results ofearlierresearch conducted among the UB Law School student body demonstrated the interests of students in the formation of a new law journal. The Buffalo Journal of Contemporary Law aims to provide greater opportunity for law students to participate in a law school journal thereby refining their research, writing and revision skills, as well as acquiring editorial, organizational and publishing skills. Interested students should contact: The Buffalo Journal of Contemporary Law, 416 O'Brian Hall; Telephone: 636-2474. i» fcvmk »«•■•«. MM M Ik- Txk. Ifcw Txk loooi (iIIMM-iM* {MI)MI-M*S �don't take any chances. To pass the bar examyou needthree things — edge, exam technique and confidence. substantiveknowl- BRC is tfieonfyNew York course that givesyou allthree. Our substantive outlines are concise and stiff have all the law you need to know. Our problem-solving lectures, vast bar questions and suggested analyses, exam writing materials and lectures, and our "techniques for answering multiple-choice questions help your ''examsmanship." Also, weekly essays phis three simulated bar sessions that we administer are graded and fully critiqued (in addition to your graded I objective testing). Finally, the computer feedback that you get from the Diagnostic Testing with our course insures that you are fully aware of your strength and weaknesses Before the exam, and this knowledge breeds confidence since you know that you have been prepared by experts who show you how to do just one thing — pass the exam. JOIEPHION tf KLUWER LEGAL EDUCATIONAL CENTERS, INC. J^M © 1987, Josephson/Kluwer Legal Education Centers, Inc. March 11, 1987 -The Opinion 3 �Faculty Appointments while the faculty representatives are chosen by vote of the entire faculty. Usually, faculty members remain on the committee for two years; students serve a one year tenure. There are two female members serving on the committee this year: Marcia Zubrow, representing the library staff, and third year student Mary Anne Bobinski. Thus, there are no women faculty on this year's committee. Professor Fred Konefsky is this year's chairperson. He has served on this committee several times in the past. Otherfaculty members in this year's committee include Professors Robert Berger, Guyora Binder, John Schlegel, and Dean Wade Newhouse. Students are also represented by Jim Ghent (first year), Doug Hoffer (second year) and Charles Johnson (second year). As Chart A below indicates for the last 8 academic years, the composition of this committee has consistently been dominated by white male faculty members. Search Procedure The screening of candidates begins in September. According to Konefsky, in any typical year the FAC receives between 500-700 resumes from the American Association of Law Schools (AALS). These are distributed to all members of the committee who make their selections. The committee then votes on who should be interviewed at the AALS Recruiting Conference held in Chicago each year. The amount of resumes received during this preliminary stage, commented Zubrow, "is indicative ofthe extent of the work involved in the initial screening process." As to the search for qualified women and minorities during this phase, Konefsky said that given the fact that the pool of qualified minority candidates is relatively small, "we have the opportunity to look at every single one of them." The chart on page 13 (Chart B) indicates the number of resumes reviewed by the AFC and reflects the total number of women and minority applicants. The rest of the law faculty also contributes in the selection of potential candidates. Binder continued from page I explained that the faculty "often submit names of people they know personally and whom they think ought to be interviewed." When asked how often women and minorities are recruited through this infor- the committee as a whole. The student representatives report the reactions of the students. The committee then votes on which candidates should be recommended to the faculty for mal method, Binder replied: "If you have a faculty that is predominantly white male it is not surprising that most of the that after a discussion of the candidate's qualifications, the entire faculty votes by secret ballot. In order to get appointed, a people that they know who are seeking a teaching position also turn out to be white and male." Selection Criteria Prior to the screening of resumes, the committee establishes the criteria by which the selection of potential candidates is guided. According to Binder, members of the committee conduct informal interviews with all members of the faculty asking them what, in their opinion, they consider to be the hiring needs for the year. "The way those views get solicited on the committee is usually after we have reported the opinions of everybody that we have interviewed. Then we report our opinions just as additional members of the faculty," said Binder. The committee also makes inquiries to the Dean regarding the number of lines that might be available; whether the Central Administration is likely to hire an additional person; and what sort of particular curriculum needs the Law School might have. Binder explained that the need to look for minority candidates was one of the major concerns addressed by the committee this year. They also expressed interest in recruiting more women, and in particular more feminists. "We established that one of the things we would be doing this year," said Binder, "was to look for minority candidates. We also agreed that there was a need to hire more women who would pursue research and would teach in a way that was informed by feminism." Appointments Process After the candidates are brought through the interview process, every member of the faculty is again interviewed on their reactions to the candidates. Those reactions are then reported by the members of the Appointments Committee to appointment. Binder explained candidate needs to get voted "by a substantial majority," said Binder. He also indicated that, in practice, "what that means is that they have to get a two-thirds majority (vote). Anything less than two-thirds is considered a negative vote and they are not made an offer." Results In the last 8 academic years, the process described has produced the following hiring results. (See Chart C, page 13.) The Problem Why is it that in a progressive institution like ours the number of minorities and feminist women on the faculty remains so small? It is difficult, on the surface, to identify any particu- lar variable as the cause of "the problem." The fact remains, however, that the shortage of women and minorities on the faculty is real. This suggests that by simply having a well organized system designed to screen and recruit candidates from a specific target group will not necessarily achieve affirmative action results. Thus, the problem does not seem to be "the process" per se: something more fundamental is at play. As suggested by Professor Mensch in her memo, one should not conclude thatrecent hiring trends are a direct result of racism and sexism in theLaw School; it simply means that "we need to be more aware that negative patterns tend to occur without bad intent." The problem, she goes on to say, "has been aptly called the arbitrary quality of thoughtlessness." Patterns, therefore, are a warning that at every level there are institutional, unconscious, factors which channel the appointments process towards reproducing a faculty that looks like the faculty we already have. The recruitment of women and minorities must also be Chairperson 86-87 1* Male(M) 85-86 1* Male Faculty Members 84-85 Female 83-84 82-83 81-82 80-81 79-80 4 The Opinion March 11, 1987 1 evaluated within the context of the many human elements that control or influence the decision making process that leads to the appointability of these candidates. That is, there are unconscious but subjective factors which influence the individual evaluator when arriving at her or his selection. For example, questions may arise about whether the candidate exhibits potential for scholarship; whether the person appears to have the ability to manage a classroom; whether he or she is calm, collective or any other characteristic that might indicate an "intellectual." All these raise questions as to whether subjective criteria plays a dominantrole in selecting a candidate. This, of course, does not mean that tfiese criterion are appropriate or inappropriate. What it means is that if members t of the FAC, as evaluators, view the world in a way that is not familiar withthe experiences of women and minorities, and you can postulate that they are affected by the same forces in the society as anyone else, then their judgment is going to be slanted. Recommendations If our Law School is serious about reversing the recent hiring trend, this change will only come when the feminist and minority perspectives are included in the recruitment process. The Faculty Appointments Committee needs the insight of women and minorities in fashioning implementing and change, and in helping to bring a higher level of awareness and sensitivity about the particularitiesthat can attract more women and minorities to the Law School. An argument can be made Female Faculty Members Academic Year Prof. Fred Konefsky. that, right now, the Law School does not have enough women and minority members on the faculty to serve on the Appointments Committee each year. This is true; there are only two minority members on the faculty, and there are barely enough women to fill the gap. This, however, should not be used as an excuse but as an illustration of the magnitude of the problem, and the urgency for corrective measures. In this regard, the words of Binder are relevant: "It is a cyclical self-fulfilling prophecy if you have not enough women faculty and not enough minor- ity faculty, you'll consistently have not enough female and minority representation on the committee." The committee must start somewhere. It can, for example, make more aggressive ef- forts to obtain funding from AffirmativeAction lines already in existence from the Central Administration; increase the number of women and minority student representatives on the committee; and set up a network of community people with whom the committee can establish social contacts and perhaps even organize events during the recruitment period. As suggested by Professor Isabel Marcus: "You need to, in advance of the candidate coming here, set up arrangements and connections with the communities that feminist women and minorities would regard as appropriate connections outside the confines of the university." Thus, men on the FAC must begin to make more conscious efforts to understand that if a candidate is a member of a minority group they are going to consider factors that are above and beyond salary and school reputation; they are going to be concerned about whether they are going to have a network of support from people withsimilar experiences on the faculty and from people outside the Law School. Similarly, feminist women would find it difficult to practice scholarship feminist and feminist teaching in isolation. The intellectual method of feminism requires collective consciousness raising, so it needs to be done in a group in order for it to be effective. This is going to be a concern on the part of any feminist woman who is considering whether or not she is going to come here. Binder expressed this view quite vividly: "She is going to look around and ask 'is there a critical mass of feminists already here? If not, is it going to be difficult for me to practice my craft?' These are difficulties that we must confrontand learn how to overcome." One possible way for exploring ways to learn how to overcome these problems, according to Konefsky, is to address them at an open faculty meeting: "Open deliberation should be the process for determining a faculty hiring policy." Finally, theentire Law School community must continue to participate in developing creative ways in which ideas and information relative to the issues of sexism and racism can be confronted. It is imperative to maintaina non-sexist and a culturally diverse environment where intellectual learning and human growth can be nurtured simultaneously. continued on page 13 �Financial Rumors Answered in the Affirmative by Kathy Peterangelo Johnson Many people have been stopping by with questions concerning various "rumors" they've heard pertaining to the expenses. This may affect your eligibility. Guaranteed Student Loan (GSL) program. Hopefully, this will dispel those rumors. First, yes, you can apply for an additional $2,500 of GSL funding (on top of the $5,000 maximum which you were already able to request)! As was discussed in an earlier Opinion article, new regulations upped cap on graduate GSLs to th^ $7,500 and ALAS loans to $4,000 (the prior yearly limit here was $3,000). These new limits went intoeffect on Jan. 1. How do you apply for the additional amounts? Well, the first step is to get a new loan application. Second, complete the student section listing the loan period as "Jan. 1987-May 1987." Because the regulations went into effect Jan. 1, you can request the additional amounts for the Spring semester only. NOTE: For next year, you can request $7,500 and/or $4,000 ALAS for the loan period covering the entire academic year. The second step is to turn in the loan application to myself or Admissions and Records. Please remember that the additional amounts can only be requested for the Spring 1987 semester. Therefore, your need for the loan is only assessed on one semester's worth of cost and not upon your entire year's Kathy Peterangelo Johnson. So much for rumor number one. The answer to rumor number two is "yes," you can request loan money to coveryour Bar Review course costs, but there are several qualifications. First, you can only take advantage of this option if you are a third year student.This is a onetime-only allowance. Second, you must document your enrollment in a course via a copy of your contract. If you have not yet enrolled in a course, I will need a cover letter from you stating the course in which you plan on enrolling, and the cost of that course. This documentation is attached to your loan application. Third, only the cost of the Bar Review course itself can be con- sidered. Any writing courses or living expenses over the summer cannot be included. Nor can the actual cost to take the Bar be included. Here's how this works. The cost of the Bar Review course is added to your budget which, hopefully, will increase your loan eligibility. Remember, however, that a minimumfamily combinationof $900 must be used in computing your loan eligibility which in the final analysis may result in simply cancelling out the adjustment for the Bar Review course. Rumor three concerns your independent status and its effect on your loan eligibility. For purposes of assessing your GSL status only, the new independent definition went intoef- feet on Jan. 1. As a result, any student submitting a loan application for Spring only (Jan. 1987 May 1987) may be evaluated as an independent student even if they were dependent on the FAF for 1986-87. So for those of you who were ineligible for a full GSL this year due to a high parent contribution, here's your chance to see if you qualifyfor more as an in- - dependent. Independent status for the Spring semester is most often established if (1) you were born before Jan. 1, 1963, or (2) can declare that your parents will a new GSL. To do this,'get a new application from your lender, fill it out for the Spring semester only (Jan. 1987- May 1987) and turn it in to Admis- sions and Records. As in the case of applying for the additional GSL and ALAS funds, your application will be reviewed using cost, aid and family contribution figures for the Spring semester only. Also, if your student status changes from dependent to independent, you will be required to fill out a short certification form from the student loan office. not claim you on their 1986 tax return. If you meet either of these requirements, it may be worth your while to reapply for Please let me know if you have any other financial aid rumors which you'd like to clear on the loan form. So, if your permanent address is in New York City, for example, be sure someone there can forward the loan to you or better yet to your lender as soon as possible. It will be approximately six weeks from the time you forward the loan to the lender until your loan check will be issued so it is very important to forward the loan just as soon as you receive it. forwarded in a Financial Aid Office Main Street envelope) and mail it out to the lender quickly it will make things considerably easier for us all. up. GSL/ALAS Undergo Major Changes by Kathy Peterangelo Johnson As you know, the GSL and ALAS programs have undergone major changes over the last year. Here's one more you should be aware of. All GSL/ALAS applications are now forwarded directly to the student after the school has processed the loan. The student in turn forwards the application to the lender. In the past, the school would forward the application directly to the lender, but no more. Once your GSL has been processed by the school, it will be sent to your permanent mailing address. This is the address which you are required to list I know it's a hassle for you and believe me, it's not helping things at my end either, but if you can justkeep an eye out for your loan application (it will be - Just so you all have a time frame as to when to look for your loans in the mail: I try to process loans on Fridays and they are generally sent out to students on Monday. That means your loan should arrive to your permanent address on Tuesday. Please note that this time frame will vary depending on when your loan is ready for processing and, of course, the volume ofloans being processed at that time. State Financial Aid Praised by NYSHESC Pres. by Dolores E. Cross I am proud of New York's rec- ord of support for students of higher education. Since 1981, we have, without question, made significant stridestoward achieving our Number One Goal: to make higher education accessible to students regardless of their financial resources. Recent achievements include: More than $100 million in increases for the Tuition Assistance Program, including a doubling of such assistance for graduate and professional students A new program of assistance for part-time students A new Scholarships of Excellence program aimed at retaining our brightest high school students at post- • • • secondary institutions within New York New financial assistance programs for Vietnam War veterans, for the training of teachers for shortage areas, and for the training of health care professionals New financial assistance programs to support minority student access to the professions In spite of New York's major inroads against student financial hardship, we have witnessed a constant negativism at the • • federal level which, if unanswered, will discourage our poorer residents from fulfilling their potential through higher education. The federal administration's withdrawal of support from higher education has created turmoil among students, parents, college administrators, and our financial community. The administration's ongoing efforts to drastically reduce federal support for student assistance through budget reductions and through the imposition of confusing, ill-timed, and ill-conceived forms and procedures havemade it exceedingly difficult to administer the federal programs. These policies have also contributed to a system in which loans have become the major source of aid, recently topping 50 percent of the average student aid package nationally as compared to 25 percent in 1975-76. This policy of forced borrowing can cause real hardship for low-income students and can force students to select programs and careers solely on the basis of salary expectations. The combination ofthese factors has created a negative environment for college attendance decisions and it is my sense that many families, par- ticularly low-income, are giving up on the dream of a higher education. We must initiate a new strategy to counter these trends. It must include improvements in the student aid delivery system and a concerted effort to con- front the obstacles being experienced by potential stu- dents. These obstacles include the diminishing pool of federal dollars as well as the systematic discouragement of poor and minority students through administrative complexities. Initiatives must be developed which act as incentives for students to stay in school; incentives in the form of improved counseling and increased dollars. The Higher Education Services Corporation (HESC), in a variety of forums, has proposed the following: 1. That steps be taken to reduce the sheer paperwork burden experienced by students, schools, lenders, and this agency. One way to do this is to move ahead in the development of a new electronic student financial aid network that would greatly simplify the application process. 2. That the HESC intensify its efforts with others in the fi- nancial aid community to highlight how New York State's student financial aid commitment might act as an incentive to encourage students to get a postsecondary education. The integration of academic counseling with "early awareness" of financial aid benefits should prove beneficial to our poor- er, less sophisticated students who, too often, enroll in noncollegiate courses because of a lack of information and encouragement. Our theme in this effort might be "Stay in School and Be a Winner!" This initiative will build upon the Early Awareness Program that HESC has been developing since 1981. Information on available aid, along with counseling, can be an extremely effective way of motivating students who would not ordinarily attend college. When young people are told in a straightforward manner that much of their college expenses will be covered by state and federal student aid, they may stay in high school, graduate, and go on to college. Early awareness about aid is an idea that works. New York's efforts to make it undeniably clear that financial aid is available may make the critical difference for high-risk students. 3. While we are encouraging people to act now to help students, I also believe that it is necessary to examine the various student aid programs and to determine what barriers currently exist. We need, for example, more information on the collective impact of both fewer federal student aid dollars and more complex federal administrative requirements. I believe that the current administration's emphasis on higher college costs begs the question of government responsibility. Federal student aid to meet the cost of attendance is more necessary than ever. We have much work ahead of us and I know that through our combined efforts, now and throughout the new year, we can make a difference in ensuring student access, choice and equity. Best wishes for a happy and prosperous New Year. Dolores E. Cross is president of the New York State Higher Education Services Corporation. Moynihan: Constitution and Iranamok Affair by Sen. Daniel Patrick Moynihan This year, of course, marks the bicentennial of the American Constitution. A century ago, in a letter to the committee responsible for the centennial celebration, the then British Prime Minister William Ewart Gladstone called it "the most remarkable work known to me in modern times to have been produced by the human intellect in its application to political affairs." It is just that: ... No written arrangement for a government has ever in history endured two centuries. What is not remarkable is that this bicentennial year should open with a great row here in the capital as to just what is required of those who, under the Constitution, just now are exer- cising their "brief authority" in the executive and legislative branches of the Federal government. If there is one thing we should hope for it is that in the course of this year we all get a little closer to that document and come to understand a little better just what is so special about it. That in turn should help us understand what is, well, familiar about the present stir over the sale of arms to Iran, the alleged diversion of funds to the American Constitution is this: It is assumed that men (and women) are not always on their best behavior and frequently on their worst. A plan of government was devised, literally, to cope with that "worst-case scenario," to use the modern contras in Nicaragua. What is special about the jargon. continued on page 7 March 11, 1987 The Opinion 5 �______ mm, I __ _x_^k-__________________Y______ _ , __i^L__m_\ ___ ______ "tm?r. aw .__ IT'S NOT TOO LATE TO I WITHOUT LOSS OF DEPOSIT. I SWITCH TO PIEPER I I I I I So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course I I will not be lost. I I I Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. I I I I I I ■ For more information see your Pieper Representatives or telephone I I I I I I I I (516)747-4311 ■ III:::, I I I I I I ■ I 6 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 JUDITH KUBINIEC BRIAN BORNSTEIN DORIS CARBONELL TERRANCE FLYNN The Opinion March 11,1987 MARIA LOTEMPIO AMY MURPHY DONNA SIWEK BRIAN MAHONEY CYNTHIA GONZALEZ ill ilffl (f I "^lllI AMY SULLIVAN MARK POLLARD JOHN ROWLEY SUSAN ROQUE % I I I I I �Moynihan ... Remember thetask the framers took unto themselves. They were going to establish a republic. The last real republic the world had known came to an end in 49 B.C. when Caesar crossed the Rubicon in violation of the edict of the Roman Senate. Thus came to an end some six centuries of experiment in self-government which had begun, of course, in Greece. To any who knew much of that history, and the men at Philadelphia did, having read it in the original Greek and Latin, it was not especially reassuring. Given what Madison termed "the fugitive and turbulent existence 0f... ancient republics," who could dare to suggest that a modern republic could hope for anything better? Madison could. And why? Because study had produced a new knowledge, which could now be put to use. To cite the historian Martin Diamond: "This great new claim rested upon a new and aggressively more 'realistic' idea of human nature. Ancient and medieval thought and practice were said to havefailed dis-. astrously by clinging to illusions regarding how men ought to be. Instead, the new science would take the man as he actually is, would accept as primary in his nature the self-interestedness and passion displayed by all men everywhere and, precisely on that basis, would work out decent political solutions." This was a declaration of intellectual independence equal to anything asserted in 1776. Until then, with but few exceptions, the whole of political thought had turned on ways to inculcate virtue in a small class that would govern. But, wrote Madison, "If men were angels, no government would be necessary." We would have to work with the material at hand. Not pretty, but something more important: predictable. Thus, men could be relied upon to be selfish; nay, rapacious. Very well: "Ambition must be made to counteract ambition." Whereupon we derive the central principle of the Con- stitution, the various devices which in Madison's formulation offset "by opposite and rival interests, the defectof better motives." They called this "the new science of politics." We call it the system ofchecks and balances, which describes the arrangements whereby the Congress keeps a check on the President, and the President on the Congress, and the Court on both, and both on the Court, and so on and on. In No. 75 of TheFederalist papers, Alexander Hamilton explains the "intermixture of powers" in foreign affairs, specifically the provision that while the President would negotiate treaties, they could only be ratified with the advice and consent of two-thirds of the Senate present and voting. The observed, he Presidency, would inevitably lead to temptation. An "avaricious" President might use the office for the "acquisition of wealth." More importantly, an "ambitious" President might get into foreign policy adventures not at all in the national interest. He continued: The history of human con- continued frompage 5 ductdoes not warrant that exalted opinion of human virtue whichwould make it wise in a nation to commit interests of so delicate and momentous a kind as those which concern its intercourse with the rest of the world to the sole disposal of a magistrate, created and circumstanced, as wouldbe a President of the UnitedStates. They were thinking not just of treaties but also of war. Presidents would be tempted by war; hence only Congress could declare it. The last declaration of war by the United States came on Dec. 8,1941, one day afterPearl Harbor. But that has not been the end to battle. Since then, in Korea and Vietnam, we have gone to war. Congressional approval came in substituteways, in particular the appropriations process. If we didn't approve we needn't have put up the money. Period. Still, the Constitution provides that "The Congress shall have the power... To declare War..." The President is Commander-in-Chief with all that implies, but the Constitution is even so as plain as plain can be on authorizing the use offorce. In the modern world, facing totalitarian adversaries, it is sometimes necessary to use force without acknowledging it. This is not to say secretly. It is never a secret to the people you use it against. But simply not avowed. . This has come to be called covert action, and in the spirit of the Constitution, Congress has made laws providing that the Intelligence committees of the House and Senate be informed in advance of any such "significant" activities, or in special circumstances, be informed in a "timely" manner after the fact. The present statute was enacted in 1980. In my first year in the Senate I was asked to serve on theIntelligence Committee. The Committee was new and I was the only person around who, having been an ambassador, had been involved with the intelligence community on the executive side. In 1981, when Barry Goldwaterbecame Chairman, I became Vice Chairman. Three years and a few months later to be precise, on April 15,1984 I announced I would resign as Vice Chairman. The two weeks that followed were the most difficult I've had in the Senate. I know that I never managed to make clear to NewYorkers what was going on. The White House knew and the Central Intelligence Agency knew, but they weren't telling, as you might say, and in a sense neither was I. Now I can do. Not in the sense that now-it-can-be-told. Rather, I think, I hope, in the sense that now it can be understood. Further, it leads straight to an understanding of Iranamok, or whatever you like to call it. In January, 1984, the United States mined harbors in Nicaragua. This was a belligerent act; a small act of war. It was done pursuant to Presidential order. By any previous understanding, the Senate Intelligence Committee should have been informed in advance. The Committee does not have the —— power to disapprove. But it knows. Hamijton's "intermixture." In April the Committee learned of the mining. On April 9 Senator Goldwater sent a public letter to William Casey, Director of the C.1.A., protesting that we had not been informed, adding that the mining was a violation of international law. On April 12 Robert C. McFarlane, National Security Advisor to the President, gave an address at the Naval Academy in which he said, in effect, that what Senator Goldwater had written was not true. The Washington Times reported: Every important detail of United States secret warfare in El Salvador and Nicaragua including the mining of Nicaraguan harbors was "shared in full — — by the proper congressional oversight committees," insists President Reagan's assistant for national secuaffairs, Robert C. McFarlane. Mr. McFarlane said he "cannot account for" Sen. Barry Goldwater's contentionthat he was kept ignorant about the CIA sponsored harbor minings. rity I read this on April 13. Senator Goldwater was on his way to Asia, the Easter recess being at hand. As they say at sea, it was my watch. I was horrified. Was the National Security Advisor to the President calling the Chairman of our Committee a liar? Did he realize this was not so? Had he allowed himself to be lied to: told that we had been informed? What was going on in the White House basement? I thereupon announced that unless this statement was withdrawn I would resign as Vice Chairman. By common agreement most of the covert operations reporting is limited to the Chairman and Vice Chairman. This is a heavy responsibility. Enough so at least that by saying I would no longer assume it I could draw attention to what was at issue. Which happened up to a point. I was front-page news for some time but even so I don't think it was generally understood what I was getting at. The episode ended on April 25 whenDirector Casey, in a handsome and manly act, sent a handwritten response to Senator Goldwater'sletter admitting that we had not been informed. He thereafter appeared before the Committee to apologize. I announced I would stay on as Vice Chairman. We decided to see if some good could come of the episode. After all, just what did the word "significant" in the phrase "significant anticipated activities" mean? A good working definition is anything on which the President signs off. In the executive branch there are things you just wouldn't do without getting prior approval from the President; things you wouldn't do unless ordered by the President. To repeat, a good working definition. Once the intelligence community saw a Presidential signature they would automatically inform the Committee of what was about to happen. This was put in writing. Senator Goldwatersigned, I signed, and with the approval of the President, on June 6, Mr. Casey signed. The agreement was made public, and in timecame to be known on the Committee staff as "the Casey accords." Far from bitterness, the "accords" seemed to herald better understanding and coopera- tion. When Senator Goldwater and I rotated off the Committee there is a strict eight year rule we were asked if we would accept the Agency Seal Medallion, an honor indeed. We did, although in principle we probably shouldn't have. It is not in general a good thing to let the executivebranch give you medals, but this was meant to thank us for standing up for the statute. It was meant to say that the C.I.A. understood that in doing so we were acting in their interests as well as those of Congress. During these years the budget of the intelligence commu- —— nity commenced to grow at considerable and necessary rates. The Wall Street Journal reports that during this period the nation's intelligence budget "roughly tripled." Growth commenced in 1978: a matter of public record. The Congress now had committees that understood the mission and the need and thus saw to the authorizations. Intelligence officials saw this as a crucial and altogether welcome development. Which indeed it was. The moment the notification issue was cleared up, I said I would of course stay on as Vice Chairman. ' In August 1986 the Iran-contra operation began. Mr. McFarlane was still in office. He knew — full well of our agreement the "Casey accords" but did not insist that it be kept. Nor, — he'd said then was not true? He did. Was he aware of the subsequent agreement that Presidential findings would automatically be reported? He was. Colonel McFarlane is an honorable man, and for that matter, a brave man. I wish him no harm. But in his service to the President he missed the meaning of the Constitution. The Congress was requiredto be involved in any activity involving the provision of arms to a belligerent. First in closed hearings in December in theIntelligence Committee (which I attended) and now in the Foreign Relations Committee, I have listened to all the principal actors in Iranamok (or whatever). Some I have believed, some I Constitutional role the Congress should have had in any such venture. And so they failed their President most miserably. Of that Constitution James Reston writes on Jan. 18: It didn't, of course, tellus how to handle the Russians, or compete with the Japanese, or preserve our cities, or elect the most qualified men and women to public office, or educate our children. In fact, it assumed human stupidity, ambition, greed and religious fanaticism, and merely suggested a few rules to hold things together. One of these rules was that no one person, not even the President let alone Colonel North, had theright to impose his will or ideology in secret on the elected representatives of the people. The purpose of "the system "was to assure the authority of the President, subject to the checks and balances of the Congress and the courts without creating, as Mr. Lincoln put it, a government too strong for the liberties of the people or too weak to maintain itself against its enemies at home or abroad. It was precisely the defiance of the principle of "accountability" that led to recent mistakes at the Reykjavik summit and the Iran-contra scandals. And all these investigations are sadly for him, did he resign when it was not. Sadly for the President also. Senators David Durenberger and Patrick Leahy succeeded us. I cannot doubt that had they been informed Senator Durenberger has so stated they would have told the White House operatives that the scheme just couldn't work. They would have said: Don't you see that you would be giving the Ayatollah Khomeini another hostage this time the President of the United States! Because once the Iranians received our arms they could pick their own time and place as they did, in the Beirut magazine Al Shiraa on Nov. 2, 1986 to reveal the fact, thereby near to paralyzing the Presidency. The Iran concealment was, in the main, the work of the same officials who "concealed" the harbor mining. [The mining led directly to the "Boland Amendment" of 1984 forbidding aid to the contras.] They learned — — — — — nothing. This Jan. 16, Mr. McFarlane appeared before the Senate Committee on Foreign Relations, of which I am now a member. In questioning, I recalled his Naval Academy speech. Did he realize that what i^ M. ■ have not. Some seemed to grasp what they had allowed to happen to the President; some did not. But none seemed to understand, even vaguely, faintly, the not designed merely to rake over thepast but to restore the principle of "accountability" in the future. That, then, fs what I was trying to do two years ago. That is what I am sworn to do. Senators have many jobs, but one duty. It is in our oath of office: "to uphold and defend the Con- stitution of the United States against all enemies foreign or domestic..." 415 Sfvcnlh Avrnur. Suit* 62 New Voth. New York 10001 (111) 594-3696 (101) 613-336} March 11, 1987 The Opinion 7 �The Opinion Mailbox opinion Gm STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW Governor's Executive Order Won't. •_ Volume 27, No. 11 March 11, 1987 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: IdelleAbrams Features Editor: Kevin O'Shaughnessy Business Manager: Melinda K. Schneider Photo Editor: Paul Hammond Layout Editor: Susan Clerc Contributing Editor: Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibarrondo, Kathy Peterangelo Johnson,Shelley Rene Rice, Lisa Strain. Contributors: Dolores E. Cross, Kimi Lynn King, Sen. Daniel Patrick Moynihan, Dave Piatt, Peter Strong, Brian Ton. © Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every twoweeks during theacademic year.It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Faculty Appointments on A Broader Spectrum Supreme Court Justice Sandra Day O'Connor, never known as a feminist, recently chastised the legal profession for the serious underrepresentation of women in large law firms, the judiciary, and state legislature. Law school faculties rarely do better in their hiring statistics. At UB there is virtually no minority presence on the faculty, and women fare just slightly better. At a school that claims to present an enlightened model of legal education, this glaring omission is inexcusable. A common theme that runs through many classes in this Law School is the need to look behind judicial decisions to discern the underlying assumptions that are at work. This kind of analysis is no less appropriate for the faculty to undertake in looking at their own actions and decisions in the area of faculty recruitment. Perceptions — of quality, of potential, of ability — are strongly shaped by our assumptions. In a world in which these attributes have been defined largely by the dominant cultural group, i.e., white men, the understanding of these terms often reflects a very specific experience. There is nothing (necessarily) "wrong" with this. But there is no doubt that it is a very limited approach. It is also a very limiting one. The distinctive experiences of women and minorities will enrich the understanding of everyone at the Law School. Theoretically, the faculty seem committed to hiring more women and minorities. They have articulated their intent to do so and they have brought several women and minority candidates to the school during the interviewing season. In practice, however, nothing much has changed. Perhaps the weight of their assumptions is still too oppressive to overcome. Would a "freeze" on hiring white, male law professors be the answer? It might at least be an attempt to address the issue in a serious and open manner. The Warrior Wakening Congratulations to Wade's Warriors and their spirited coach. Colonel George "Black Jack" Villegas. Not only did they capture third place in the 20-team Western New England College of Law Basketball Tournament, they also raised $300 for Haven House and generated a spirit and enthusiasm previously unknown at this Law School. Stock issuances, banners, pep rallies who would ever this would be of the law school thought part have experience? Foolish, frivolous, perhaps, but FUN. In what is otherwise perceived as a somber, study-swept atmosphere, it is invigorating to see so much creativity and energy. Even the General, make that Dean, got involved. Ah, where else but at the Buffalo Model? Though the feisty Colonel and his spirited Warriors came up with too many fouls and too few buckets in the end, they won our imagination and respect. Hopefully, we'll all be able to look forward to Warriors II come next year that is, if the Colonel and his troops aren't too busy practicing law somewhere. — — 8 The Opinion March 11, 1987 Editor: This letter is in response to the SBA resolution to have Judge Advocate General Corps (JAGC) recruitment moved to an off-campus location. Brett Gilbert speaks of "oppression" and the discriminatory practices of the JAGC against lesbians and gay men. What Brett Gilbert proposed, the anti-discrimination resolution, is in reality another form of oppression. The JAGC and the U.S. Armed Forces' hiring practices regarding homosexuals have not been held illegal. Yes, there are a lot of people opposed to their hiring practices, but I am sure there are just as many who agree with the restriction. It is a gray area. There is no right or wrong decision about theJAGC hiring practices, only an individual's moral decision. By moving the JAGC off campus, the SBA is making a moral decision for all law students. SBA has decided that the JAGC hiring practices are "bad" and thus should not be as available to students. The evaluation of what is "bad" was hot done scientifically or by analysis. SBA never looked into the reasons of why the JAGC does not hire homosexuals nor did they examine the organization itself. The U.S. Armed Forces have long been allowed to continue many practices that are normally deemed illegal in a democratic society because they have a limitedand express function that cannot universally accept all types of people or guarantee their constitutional rights. All SBA knows is that the U.S. Armed Forces discriminates against homosexuals and concludes, from that one fact, that this is Editor: The SBA's recent anti-discrimination resolution, although well-intended, relies on the Governor's Executive Order No. 28 to its detriment. The SBA seeks to force CDO to follow theExecutive Order which instructs state agencies and departments not to discriminate on the basis of sexual orientation in the provision of state services or benefits by ending on-campus recruitment by the Judge Advocate General Corps (JAGC). The SBA argues that since the JAGC discriminates against homosexuals, and CDO lends its services to the JAGC, then CDO is in violation of the Executive Order. If the SBA's goal is to combat discrimination on the basis of sexual preference, its reliance on the Executive Order is not only misplaced and simplistic, but serves to defeat its goal. In 1985 the Court of Appeals held that the mayor of New York City had no authority to make and enforce a similar Executive Order, Under 21 vs. City of New York, 492 NYS2d 522. In 1980, Mayor Koch's Executive Order No. 50 pre- vented thecity from contracting with any entity that discriminates against homosexuals. The Court held, as a matter of constitutional law, that a government executive cannot usurp the legislative function by enacting social policies, like Executive Order No. 50, not wrong. If the SBA is going to condemn an organization, I would prefer that it investigate the subject thoroughly, instead of basing the decision on its own moral persuasion. To support its action, the SBA uses the Governor's Executive Order.' The order says that the state will not provide a service to anyone who discriminates on the basis of sexual orientation. However, the order is not legal precedent and I argue that CDO does not provide a service to the JAGC, but a service to law students. CDO tries to get prospective employers to interview on campus. Why? To better facilitate the hiring of law students. By seeking to move the JAGC off campus, the SBA is making it harder for law students to interview with the JAGC. Presumably the SBA wants to eliminate .. as well the informational meetings provided by the JAGC, open to everyone. SBA is effectively hurting the relationship between UB law students and the JAGC. The service SBA seeks to eliminate, is" the very service that CDO provides to all students through on-campus interviews. Brett and the SBA have decided that the JAGC recruitment is bad. They are using the SBA as a vehicle to enforce their own beliefs. Amazingly, Brett analogizes the JAGC to the XXX and the Nazi Party. Brett has morally condemned these groups, and that is his own decision, but what's next? Banning from campus district attorneys and insurance defense firms because Brett and the SBA find them "bad" or analogous to the XXX? I respect and admire Brett, but I prefer to make my own moral decisions. I think the JAGC should be allowed to recruit on campus. It is up to each individual student to decide if he/she wants to interview with an organization, not SBA's, especially when the SBA reached its conclusion on purely moral grounds. Tina Simpson Third year law student . . . Help in Getting JAGC OffCampus — — adopted by the legislature. The mayor therefore acted outside the scope of his authority where there was no legislative enactment prohibiting employment discrimination on the basis of sexual preference. Last year the New York City Council passed such a law. Gov. Cuomo's Executive Order No. 28, and the SUNY Board of Trustees' Resolution 83-216, also rglied upon by the SBA, would not survive in the courts and therefore is useless in the absence of a state law banning employment discrimi- nation on the basis of sexual preference. If the' SBA's attempt at removing JAGC recruitmentfrom the Law School is successful, the JAGC will simply go elsewhere and continue its discriminatory practices. The result is that the SBA's goal of ending JAGC discrimination achieves nothing. The real effort to end such discrimination is in the passage of state and federal anti-discrimination laws. The sad fact is that the SBA relies heavily on a legally meaningless Executive Order that has no precedential value. As a result, and at best, the SBA resolution isa mere token gesture. David Brown Third year law student Rice's Article Applauded Shelley Rene Rice: Your article, "One Student's Perspective on Property Rights," was absolutely well-written. In addition, the analogies were valid and your point easily understood. In light of this, I would like to thank you for your in- sight, and for taking a stand for what you believe. Furthermore, though it was "one student's perspective," it may be shared by many. At least it is shared by me. Great article!! Kevin M. Carter Bffo. LawReview Welcomes SeminarPapers The Buffalo Law Review would like to invite all law students to submitarticlesfor publication in our journal. When selecting a topic for seminar papers, please consider publication as a goal. We would be happy to discuss our requirements and publication process with any interested student. We also encourage you to discuss your paper with us as you develop it. Generally, articles should be of substantial length, well-researched, and documented with authority. Footnotes should conform to the rules found in the Bluebook, A Uni- form System of Citation (14th cd. 1986). All papers submitted will be read by editors of the Review. We are unable to return papers by mail unless they are accompanied by a self-addressed en- velope withsufficientfirst-class postage. Please feel free to drop by O'Brian Hall room 605 or call 636-2059 and we will answer any questions you might have. The Buffalo Law Review Casenote Contest Announced The Buffalo Law Review invites you to compete in the 1987 Casenote Competition. Entry in the competition is necessary to be considered for membership on the Law Review. The competition will be held twice during the Spring semester; first during Spring Break and again after final exams. Entrants may •write the casenote during orm of these periods. Each particir will have 240 hours (10 days) to complete the casenote. Three methods of admission are used to select new associate members. First, entrants are judged on a combination of casenote score and first year pant continued onpage 9 �Commentary by Daniel Ibarrondo Puerto Ricans in Search ofSelf-Determination Editor's Note: This is the first part of a three-part series. by Daniel Ibarrondo Many times we have either read or heard about the clamor for self-determination being exerted by Third World nations in international forums, conferences and summits.Economists, sociologists and political scientists have developed theoriesof this phenomenon through the eyes of their respective fields and points of view. Self-determination as a country or a people does not happen overnight. It is a process that is well thought out, channeled and but nevertheless significant amount of Hispanic law students in this school is testimony to this fact. Accordingly, Puerto Ricans, as well as other "minorities" will be a proper object of concern for law schools and the bar in the foreseeable future. Law schooladmissions boards are faced with a political choice when it comes to admitting "minority" students. By the same token, it is a political choice for "minority" students to desire to attend law school. The choice for the "minority" student is the beginning or culmination of an extensive process. This article was written with the Puerto Rican people in mind; it can just as well apply to Columbians, Dominicans, Cubans, Ecuadorians, Black Americans and just about any nationality from Third World countries. However, its focus is on shedding some light on this awakening process. According to Webster's Dictionary, "self" is the essential being of one person as distinct from any other. "Determination" is to ascertain the extent, position, quality or nature of something and to decide or settle it authoritatively or conclusively. Essentially what we gather from this simplistic notion and definition of self-determination is that it is a dynamic, not static, process which one programmed. Moreover, when we speak of self-determination as a country or a people, we are essentially speaking about individualswho have consciously decided to reevaluate their past and/or present relationship with other members of their group, country, and world at large. For Americans it was the issue of taxation with Britain that seemed to sum up their quest for self-determination. The same analogy can be found for. other western nations which have achieved some form or other of national unity. Today, the historical and socio-economic conditions of peoples and countries have changed. The gap between poor and rich nations has widened. We are divided and categorized between First, Second and Third World nations in political and economic power. However, the process of discovering who we are, the quest for self-determination, has not experiences. Puerto Ricans, educated or uneducated, well-to-do or poor, light-skinned or dark, have made the following comments, or similar ones as they are transformed from SpanishAmericans to Puerto Ricans: "Puerto Rican power must be more than mass group therapy. To be effective, it must be pro- changed. Today, Puerto Ricans are demanding and receiving entrance into the economic, political and educational spheres that were once closed to them. The small grammed." "I don't want to think of my- self as a Puerto Rican and it offends me to be called 'Spanishspeaking'. If each of us would pay particular attention to selfrefinement, the degree of ethnic and racial friction would be significantly minimized." "To walk around 116th Street and Lexington Avenue is a powerful thing, do you dig? When I see all those beautiful Puerto Rican folks trying to makeitand doing everything just to stay alive and still being able to sing and dance with all that soul, it just blows my mind and I sometimes want to cry tears of joy. Do you dig man? I'm part of it! I see Puerto Rican, I feel Puerto Rican how mellow it is to be Puerto Rican. It's all around, inside me and over me this happening called Puertoricaness." "Yea, it all started when Kennedy was killed. Americans planned it and it really shook me up so bad until I began to see what was really happening. For a while I couldn't even be around them—they seemed so evil and monstrous. You know, I began to feel we were even better thanthey are because we had so much love and 50u1...." When each remark was made, the person felt, thought and acted differently. However, each remark is a reflection of the separate stages for one process. Frequently, many articles and commentaries focus on the Puerto Rican lowermiddle class, the Puerto Rican militant, or the apathetic Puerto Rican person, creating the impression that each state or condition is unrelated or contradictory to the others. A closer look at this process, which emphasizes synthesis, suggests that today's Puerto Rican theoretician was a well-programmed conservative threeyears ago, and perhaps an — impulsive rhetorical revolution- ary only a few months past. Apparently, Puertoricaness is a state of mind and as such is explained by a dynamic rather than static process. In becoming Puerto Rican, the same person must pass through a series of well-defined and different stages. Therefore, the Puerto Rican experience is a process. Educators, such as William E. Cross, Manuel del Valleand this writer, concerned with the Puerto Rican condition, have proposed that a person experiences a series of well-defined stages in being transformed from a Spanish-American to a Puerto Rican in his or her search for identity. In a research proposal, it was stated that there are five stages through which a person acquires such an awakening. These are: (1) pre-encounter, (2) encounter, (3) immersion-liberation, (4) internalization and (5) commitment. Pre-encounter Stage In the pre-encounter stage, or pre-discovery, a person exists in a non-Puerto Rican, antiPuerto Rican, or distorted Puerto Rican environment. His perceptions of the world and himself are guided by American-European concepts. The sum total of his experiences, perceptions and actions are dominated by an American ethnic-racist orientation. The socio-political-cultural-psychological conditions briefly referred to above appear to be the same for both lower-class and middle-class Puerto Rican people. The content of their experiences differs, but the dynamics and context are similar. That is, both degrade Puertoricaness. The person's historical perspective distorts Puerto Rican hstory. It is believed that Puerto Ri- cans came from a strange, uncivilized, "backward" island and that the Puerto Rican search for historical relevance begins in 1898, the year of the American invasion of Puerto Rico. The truth of the matter is that Puerto Ricans have a very rich history that goes beyond the discovery of the island by Christopher Columbus. The ghetto resident generally knows thatsomething is wrong with his world and situation, but his articulation of the problem suggests concepts of freedom and evolutionary change rather than revolution, Furthermore, because he lives in the ghetto, he automatically assumes a position of greater relevancy in society and justifies the hustling of otherPuerto Ricans or pimping Puerto Rican or Black prostitutes for an American clientele as being "necessary" for survival. There is an American esthetic thattranscends class lines often dramatized by thedeification of American women. These esthetics are alsoreflected in the content, themes, setting, vehicles of emphasis, colorations and mode of expressions of all cultural and academic interests; that is, literature, plays, etc.... Even on the ghetto level, where purer forms of Puerto Rican expression can be found, one discovers the ghetto resident referring to rock or Latin as something "low, bad or sexy," which is part of the American cultural value system. The emphasis in the pre-encounter stage is on the individual seeking to get ahead. The advancement of the community is gauged by "how far I get ahead." The American man is viewed as intellectually continued on page 13 Non-Discrimination Policy Propounded by Gilbert Editor: A few students have come up to talk with me about the proposed non-discrimination policy for the Placement Office. I have tried to respond to the individual concerns of some, but let me publicly answer the questions which some students have had. 1. Some were offendedwhen I mentioned the XXX, theAmerican Nazi Party, and the U.S. Armed Services in the same sentence. Well, I apologize to those who were so offended. However, my point was, and still is, that the three organizations are comparable because they all have public policies of discrimination. That is all. 2. Some say that the Placement Office need not comply with the Governor's Executive Order because it is not providing services when employers come to interview, the employers are. Come on now. The University is providing services to students when employers come on campus to interview by making iteasier for students to become employed. By allowing employers who dodiscriminate to come on campus, the Placement Office is making it easier for some groups of students to get jobs. Look at it this way. Could the University allow a private food All Students JBLfN Interested in Participating m In the LAW REVUE EU REMINDER Deadlines: March 11 —Act Idea Submissions March 24 All Acts must be in Final Form and Ready for Performance The Show is April 5. ..at the Trail — "SUBMIT NAME, ACT IDEA** AND BOX NUMBER TO BOX #730 * service to come on campusand sell food if it put up a sign saying, "Homosexuals will not be served?" I don't think so. 3. Some say that the Supremacy Clause prohibits states from telling the federal government that it cannot discriminate on the basis of, let's say, sexual orientation. I have no quarrel with that. However, the Supremacy Clause does not require states to pay for such discrimination. The federal government has the right to acquire its own facilities within New York State to carry Out its policies. 4. Others say that a non-discrimination policy will hurt more than it will help. However, sticking with the Judge Advocate General Corps here, the JAG might interview a dozen or two in any given year, while there are at least 80 gay students in Law School (assuming the Law School population re- fleets the general population). Many more students are hurt, rather than helped, by the lack of a non-discrimination policy. 5. Some say a student referendum is appropriate here. I must disagree. We might as well have a referendum on whether or not we should have segregated toilets. The fact of the matter is that it is illegal for New YorkState agenciesto discriminate on the basis of race. Equally, it is illegal for New York State agencies to discriminate on the basis of sexual orientation. I am sure that Southern whites, in the past, would have loved to have referendums concerning discrimination. However, the majority's wishes, both there and here, cannot overcome the rights of a minority. Finally, I must say, that after talking to just a few, I get the feeling that a double standard falo Law Review has instituted a supplemental admissions procedure. This procedure will consider, in addition to casenote score and first year grades, personal statements from candidates having socially or eco- believe that while it is morally reprehensible to discriminate on the basis of race or sex, dis- crimination on the basis of sexual orientation is just not that bad. After all, some say, who the hell cares if you make a bunch of "faggots" look elsewhere for jobs? Well, I tell you, those "faggots" care, and we have just about had enough. While the Supreme Court may not believe in the elimination of needless discrimination, many others do. The governor of New York has prohibited such discriminationfrom taking place within state agencies and it is up to this Law School to adhere to that prohibition. As usual, I am always available for further discussion. Sincerely, Brett Gilbert Third year law student ....... Competition grades. The second method o. selection is based solely on the casenote score. Third, the Buf- is operating under the surface here. I get the feeling that many nomically disadvantaged backgrounds. The Casenote Competition is open only to first year students and all are encouraged to par- ticipate. Remember, the competition is based on either grades and casenote score OR casenote score alone. There- continued frompage N fore, all first year students are strongly urged to, compete since grades are not the sole judgment criterion. If there are any questions, please feel free to ask any Law Review associate or come to a Law Review office, O'Brian Hall room 605. March 11, 1987 The Opinion 9 �__[l Bill *v_w *T_m \_____W m/j____l illi »t*B %[____% ill i •�■B \l_____\ Hl|. •�•■ \U_-m\' The Best Course Of Act ion. Stanley H. Kaplan has test^prepped students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and I others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence I IN THE BUFFALO AREA CALL (716) 837-8022 CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion March 11, 1987 I �Might as WellFace It, They're Addicted to by B.F. Skinhead I missed out on punk. In 1975-76 when Malcolm MacLaren was scheming a great rock and roll swindle in England, I was in the 6th grade class of a pleasantly suburban, ultra-modern, wall-to-wall carpeted elemen- scribed by journalists who reviewed the Pistols with such statements as "Vicious played bass and vomited." While it is impossible now to determine whether Sid was, as the newspapers would have us believe. tary school where we still did "Duck and Cover" air-raid drills. I was rapidly awakening to the "boredom" which had spawned the revolution known as punk music. It was probably because of my suburban blah background that I was so intrigued by Sic and Nancy, which I had under stood to be Alex Cox's hellish and nasty glimpse intothe punk subculture. I found the movie to be neither hellish nor nasty, and not nearly as gruesome as some reviewers had suggested, but very humorous, very real, and ultimately very sad. It traces the real life 18-month love affair of Sid Vicious (nee John Simon Ritchie), replacement bass player for the Sex Pistols, and Nancy Spungen, a dislocated and hopeless romantic from Philadelphia. Alex Cox's portrayal of the two lovers is essentially an affectionate one. He glosses over the stereotypical images ofSidas-punker, which were de- iivmw Nancy's cold-blooded murder- er who later died of an accidental heroin overdose. Cox takes the position that Sid Vicious and Nancy Spungen were desperate lovers who only had each other, and when the world was through dumping garbage on them they attempted to leave it "in a blaze of glory" together. The movie is entirely about them. It begins with Sid's apparent murder of Nancy, flashes back to the beginning of their relationship, and ends with the two of them riding off into the sunset together in a taxi. Euphemistically, Sid has finally joined Nancy in death. Cox's affection for his subject is made apparent in the final frame of the film, which explains Sid's actual fate and then simply states, "Sid and Nancy, R.1.P." In establishing the microcosm of Sid and Nancy's life together. Cox effectively severs all of their worldly connections. The Sex Pistols have broken up in the middle of their only American tour, and Sid, suffering from "nervous exhaustion," hasbeen left behind in a New York City hospital. Nancy tries to make contact with her family, but it is made clear that Nancy and her new boyfriend are just a little too frightening for the innocently mainstream Spungen family. Sid embarks on a solo career, but punk has become almost an accepted form and Sid Vicious, who was once considered the punk icon, is ironically a failure on his own. Sid and Nancy finally retreat into their microcosm, giving up on the rest of the world and living only for each other and for the drugs they can obtain. Throughout the story Nancy has made Sid promise to kill her if she asks him to, and then kill himself. On Oct. 12, 1978 Sid reluctantly complied with her first request. From this point the movie speeds up reality and ignores an unrelated assault conviction for which Sid served a . two-month jail term which almost immediately afterhe was released on bail for began Nancy's murder. The day he was releasedfrom that two-month term he died of a heroin overdose. It was re- ported accidental, that he was detoxified while on Riker's Island, got out, and accidentally shot more heroin into his veins than his newly intolerant body could take. Cox, however, suggests thatSid joined his angelic Nancy for a completely voluntary taxi ride. Gary Oldman as Sid and Chloe Webb as Nancy are presented as a rather unlikely couple. Oldman resembles a young David Bowie whileWebb appears at times like an old Ginger Rogers. Nonetheless, they are compelling and believable. The film is full of interesting touches, especially a re-creation of Sid Vicious' wonderful snarling rendition of "My Way," which appeared in the story of the Sex Pistols, "The Great Rock and Roll Swindle." It was produced by Malcolm MacLaren, the Sex Pistols' ob- noxious creator, and probably filled in some of the holes left by Cox's factual assumptions, such as MacLaren's blatant use for his personal gain offour unknown teenagers with varying degrees of musical talent. Cox either assumes the viewer knows the story of how the Sex Pistols rose to hysterical notoriety, or omits such exposition because it is really not necessary to the story, or both. Sid and Nancy couldbe any two lovers. They just happened to be made famous. One disappointment in the film was the portrayal of John Lydon, a.k.a. Johnny Rotten. His teeth were too good and he lacked the intensity necessary for him to be taken seriously when he sings "I am the antiChrist." Cox seemed to feel that by having him belch frequently and speak with his mouth full whenever on camera, the character of Johnny Rotten would It be sufficiently developed wasn't. Although he is a peripheral character in the story of Sid and Nancy, he is too interesting to simply ignore. ... Sid and Nancy is, in the end, sad. It is also frustrating. This is probably because most people saw them only as punks and drug addicts who got what they deserved. Alex Cox saw them as two desperate and helpless people who thought they could live on love alone. CDO Helps the Early Birds to Be Prepared by Kimi Lynn King Need a job? All first year students should be busy preparing resumes, references and contacting polishing up writing samples. If applying for summer you are internships, most letters to employers should be postmarked by mid-March. If you would like someone to go over your resume or cover letter, you may sign up for an appointment in the Career Development Office (please note, you must have a finished copy). Please note: All first year stu- dents who are seeking help from the CDO must register in the office. Please be sure to leave a summer address on file where you can be reached for Summer '87. Class of '89 will need to have resumes turned into the office by mid-August (before we come back to school). Start thinking about what types of employment you would like to Fall '87 will come pursue faster than you think and will be too late to just be beginning. Watch for the Career Development Bulletin for practice in- . Q Q tM 8 \_W D *JT -^* •Y\ y Qll Q|| i Ji Q O __1 \f^iV! l/Ali b j-\ J m H Why *wmmy Can t TTT | -*+>-<- Q Q rj O Q COmC I! WW _W_Au.m.W_\ can provide insight. Groups offour with two alternates will be scheduled in late March and early April. You must sign up in room 309 O'Brian. You must turn your resume into the office the day before the interview. Profes- Each student will be interviewed for five to eight minutes and then the interviewer will provide feedback. So you will be able to participate and watch as others are interviewed. The program will be videotaped by the A-V Department so you can review your performance. Schedules will be posted in the Career Development Office after Spring Break. Third year students interested in conducting interviews should leave a note in the CDO Non-Traditional Couple as a Legitimate Unit ... k \ I JKl^^f H^l 1WbJL____{/^■^JmMl illM Q1 mwwß*-** CI * V will be with local attorneys and third year students who have been through the process and sional attitude and attire are requisite. An Examination ot Resistance to the j_______t_^. %__? terview sessions. On a first come, first serve basis theCDO will be conducting these mock interviews to help you prepare for the REAL thing! Interviews or box #126. WE NEED YOU!! All students interested in judicial clerkships, the Career Development Office will be sponsoring a panel of persons who have clerked today (Wednesday, March 11) in room 106. Federal and state opportunities will be covered. Speakers will include Nils Olsen, John Kolaga (currently clerk to Judge Curtin, U.S. Dist. Ct. WDNY), and Kirn Kelsey (currently clerk to Judge Dillon, NYS Appellate Division). Additional information will include contact sheets with addresses. . Q Q Karen Thompson and Sharon Kowalski had been closeted lovers in O The two women had exchanged rings, made each other beneficiaries of their life insurance policies, purchased a home together and made U On Nov. 13, 1983, a drunk driver careened into Sharon Kowalski's car and left her Paralyzecl from the waist down and serious,v brain injured. The St. Cloud hospital denied Thompson any information on Kowalski's condition, apparently because she was not family. S ince 1983 Karen has been waging a battle in the Minnesota courts in an attempt to implement Sharon's wishes —so far to no avail. Q Q Q Q Q Q WHYCANTSHARONCOME HOME? O Come hear Karen Thompson speak Q FRIDAY, APRIL 3 • 4:30 P.M. • 108 O'BRIAN HALL (Reception and Refreshments to Follow) Sponsored By: Gay Law Student's Organization, National Lawyer's Law Students- Uw St"dent'B c,vU R, 9htB ReBearch Council. Guild. Association of Women March 11,1987 The Opinion O Q X Q WJ tl 11 �POETRHY CORNER "Some Have It Worse..." Great, gray hulking behemoths are they, Belching blue-black clouds of strife; They roar and charge like urban rhinos by day, And hunker like cold brontosauri by night. What injuries got they, these great huge beasts, That dark doctors must curse and swear, And heat and hammer and beat each new crease, To patch and repair each day's wear. I've heard their keening on the thin morning air, As they protest their ugly plight; They go from house to house for their fare; To many — a distasteful sight. I You've heard them too, they stop with a wheeze, The brakes on each side wailing loud; Their off-key, ill-timed harmonies Would make no human singer proud. I I Lower and higher and lower again, Their screechings sound hurt and forlorn; They sound almost like a railroad train, But wishing they'd never been born. How degrading, it seems, to die all undone, > Amid pain and refuse and muck; I i * I \ \ Still they are kept alive, like it or not, For Men come to them at night. With drills and welders and torches so hot, To burn with the awful blue light. They must hate this life, would rather be dead, Because their work is so hard; Their great, greasy arms reach up overhead To load tons of progress by square yards. What reward is theirs, I'd like to know? For service so long and unpleasant; When they're retired, where do they go Or rather, to what death are they sent? Cut up and sold for scrap by the ton And hauled, like garbage, in a truck. Peter A. Strong 40| BAR/BRI lsCf Waar pass STUDENTS WV ___m 12 The Opinion March 11, 1987 THE BAB �Faculty Appointments . . continued frompage 4 B Academic Year Resumes Total Mevie wfiu By Committee 825* Female Black Hispanic NA NA NA" NA 85-86 694 504 134 84-85 713 575 138 22 154 24 137 746 82-83 715* 81-82 710* 80-81 400* 79-80 467 .». 476 NA 'Denotes An Estimate Percentage Of Mm Total Totel OfWomm Of Minorities Percentage Percentage NA NA 80.7 19.3 5.6 80.7 19.3 4.1 79.4 20.6 5.0 24 80.8 19.2 3.8 137 20 80.7 19.3 3.7 NA NA NA NA NA NA NA NA NA NA NA 13 t Prof. Isabel Marcus. **Denotes Not Available RTC Academic Year Candidates Hired 86-87 Pending 2 White Males (WM) 85-86 84-85 2 WM 83-84 1 White Female (WF) 1 Black Female (BF) 82-83 2 WM 81-82 1 WF 1 BM 3 WM 1 WM 80-81 79-80 I Offers Made Male Female On Site Interviews Male Female 2 Black (B) 1 White (W) 2 B 2W 2W 2W 1 B NA NA 2 W 1 B 7 W 2 W 1 B 3 W 3W 1 B 1W 0 2 WF 1 W NA 1 B 2 W 2 W 2 W 1 B 2 W 2 W 3W 1 B NA 1B 1W 3 W 2 W 3 W 1 B 'Denotes for Available CORRECTION: In theFeb. 11 issue of The Opinion, a story entitled "SBA Questions Girth's New Policy Changes" saidAssociate Dean Marjorie Girth had instituted a new policy concerning extensions on seminar papers. The policy, which requires a student to obtain written approval from the associate dean before being granted an extension on a seminar paper, has been in effect for at least 10 years according to Registrar Helen Crosby. But, the policy has been only loosely enforced until this year. In the Feb. 25 issue of The Opinion, Girth's name was inadvertently omitted from the list of those professors who turned in their grades by the Feb. 15 deadline. Girth turned in her DebtorCreditor grades on Jan. 12. Also in the Feb. 25 issue of The Opinion, it was mistakenly reported that a team from Syracuse won the Northeast Region Black Law Students Association Annual Federick Douglass Moot Court Competition in Boston. A team from Rutgers took top honors. OPINION 25 c $10 Gift Certificate c • •• •J • •• •• $20 Gift Certificate To AMC Theaters David Piatt 0 1 B 1 Wy We apologize for any inconveniences which may have resulted. Berlowitz: Viva Las Vegas ?**** The following is a list of the winners of the • SBA Suitcase Party held on Feb. at Barnaby's:••••»! To Record Theatre Doug Hoffer Abby Snyder David Mineo $2S Gift Certificate A Bottle of Wine Robin Checkla Holly Baum Kirn Czapranski To Just Pasta Robin Miller $100 Cash T (and ™ *g $20 Gift Certificate Carol Giamzzo)v , To South Pacific Clothing • 0 0 • Scott Eskwitt -.--- Trip For Two To Las Vegas 120 Cash Judy Kibiniec Shari Berlowitz (who brought her roommate, Lois "Lots of Laughs" Liberman) Deb Solot Andy Winston (and his wife,-Cheryl) CONGRATULATIONS TO ALL! 11 Self-Determination .. • • superior, technically mystical and capable of "understanding us." Puerto Ricans in this stage are frequently enveloped in the rhetoric of the American, confusing his words for his deeds. The Puerto Ricans at this level generally are politically naive, programmed to believe in the American or Protestant ethic. There is evidence of self-hatred which is masked on the middleclass level while more dramatically enacted on the lower-class level. Extreme dependency on American leadership is another characteristic. The assimilation-integration paradigm is thought to be the only model for cohesive ethnic-race relations. There is typically a distrust forPuerto Rican controlled • • • ■ # • *•• •• J •2 J •i• •• * • continuedfrom page 9 businesses or organizations. Pre-encounter stage Puerto Ricans prefer to be called Spanish-Americans, Spanish, human being or American citi- zens. The denial of oneself is usually manifested as a result of despair, lack of cultural-historical knowledge and isolation from the society at large. The differences between a people and their interactions with members of their group, society and world at large should not be reasons for denial of the individual self. On the contrary, it should work towards a greater unity and understanding of all peoples. In the next issue, the other stages outlined in this process will be discussed. Spring 1987 |fc, Publication Schedule ISSUE COPY DEADLINE LAYOUT PUBLICATION 27:12 Monday, March 23. Thursday, March 26 Wednesday, April 1 27:13 Monday, April 13 Thursday, April 16 Wednesday, April 22 (Onion Edition) Layout will begin at 6 p.m. on the above-noted Thursdays. Staff meetings for The Opinion will be held every Tuesday at 2 p.m. in the office, O'Brian Hall room 724. The meetings are open to all those interested in writing/working for The Opinion. For further information, call The Opinion office at (716) 636-2147. March 11, 1987 The Opinion 13 �Wade's Warriors media Kevin consultant O'Shaughnessy and the Colonel) leftO'Brian Hall for Springfield, Mass, and the luxurious Seven Gables Motel (or as the neon sign read, the "Sev Abels Motel"). Midway through the six hour trip, the Colonel delivereda stirring, rum-induced, stream of consciousness press conference in which he stated that "Wade's Warriors were gonna go into town (I assume Springfield, but no one, not even the Colonel, knows for sure) and make a little noise!" The press conference ended abruptly when the Colonel fell twice in a nearby snow bank while attempting to relieve himself. The management is checking to see if he has qualified for a purple heart. After safely arriving in Springfield, the Warriors descended upon a subtle country bar named Matties. Amid the flashing green and red sirens, Warriors' forward Dave Crosby observed, "This isn't really a backwoods bar —it's a frontwoods bar." Meanwhile, Warriors' guard Kevin Carter dazzled the "frontwoods" crowd with his pool cue prowess. Some of the local patrons continued frompage I bought Kevin drinks after each game (out of respect for his game, because Kevin assured me he does not gamble). Since the Warrriors had a game the next day and the bars in Springfield close at 2 a.m., the team retired to the "Sev Abels" for a good night's rest. It was, however, a late night for the Wade's Warriors management. A strategy session? No way. The Colonel entertained the management frohn 2 to 4 a.m. with a reenactment of his pep rally speech (and several other stream of consciousness oratories). At 4 a.m. the Colonel decided it was time for classical music and proceeded to conduct a six hour snoring symphony (complete with strings, timpani and woodwinds). The bleary-eyed staff (Traveling Secretary Brian Bornstein, who had to share a double bed with the Colonel, wound up sleeping on the '.ioor with a pillow over his head) accompanied the team to the pre-game meal at the International House of Pancakes (IHOP). After the meal, the Colonel and several players visited the Basketball Hall of Fame. The ticket taker at the Hall of Fame told the Colonel that members of the military do not have to pay admission fees. The Colonel paid the admission fee, explaining that he was part of a paramilitary unit. After the Hall of Fame visit, the Colonel and his staff delivered a protest letter written by third year law student Tammy Gordon. The letter suggested that the tournament provide a coed bracket in addition to the men's and women's brackets? Western New England College of Law SBA President Gary Gambardella stated that the let- ter would be "taken under consideration by the (tournament) committee." The Tournament At 5 p.m. the Wade's Warriors motorcade descended upon the cramped confinesof the "Multipurpose Room" inside Fred Glickman (ortheGlicksterto his friends) Elementary School to face Franklin Pierce Law School. No one was able to determine the nickname of Franklin Pierce but injured Warriors' forward Larry Spicassi had several creative suggestions. The game was over after the first five minutes. The Warriors opened a 43-13 lead. The team spent the rest of the time cruising to a 117-64victory.TheWar- rior guards led the way by shooting over 65 percent from the floor. Team Captain Rick Resnick led all scorers with 24 points followed by first year guard John "Let's Go Home" Dagon. Other big contributors were Joel Schecter, 16; Steve Lindley, 12; Kevin "Stats" Carter, 12; Dan Lukasik, 10; and Spencer Feldmen, 10. Sam "Moses" Spiritos led all rebounders with 8. Friday evening began with a tournament party at the WNEC law center. Although the beer and wine were free, the party remained a stifled affair. Larry Spicassi felt this was due to the competitive atmosphere of the tournament. Warriors' forward Will Zickl felt the party failed because "there were too many white guys withshort haircuts." Spicassi agreed that this may have been the dominating fac- tor. The Wade's Warriors contingent left the party and headed for downtown Springfield and an establishment known as the Bar Association. The Bar Association is actually several different bars under one roof. The main bar looks like an old hotel that was redecorated by the Bee . iw» > S' The American Express* Card can get you virtually (thing from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So duringcollege and after, it's the perfect way to payfor justabout anything you'll want. Gees: Disco Art Deco (featuring 20 feet high mirrored pillars). The basement bar featured brick walls, piping and duct work on the ceiling, and a 90 degree room temperature. The other bar rooms, which were adjacent to the basement bar, featured dim lighting and shelves of Massachusetts Court Reporters. Warriors' forward Dave Crosby aptly described the effect as "sort of a library/ sex room." The next day the Warriors faced their quarterfinal opponent, Brooklyn Law School. Brooklyn, a scrappy squad, was an early tournament favorite. TheWarriors tookthelead early and hung on to a 43-35 halftime lead. The team got a big lift from Kevin Carter's spectacular 70 foot basket at the half time buzzer. After being down by as much as 14points early in the second half, Brooklyn battled backto tie the game with five minutes left. The Warriorfront line took control of theboardsand the game, pulling away 85-77. Center Dan Lukasik led the team with 22 points. First year forward Steve Lindley poured in 21 points. Once again Sam Spiritos led the team in rebounding with 15. The Brooklyn team seemed flustered by the Colonel'sflamboyant coaching style and his constant cries of "Let's make some noise!", "Moses!", and "Let's go home!" Steve Lindley overheard the Brooklyn players muttering these phrases hours after the game had ended. The Saturday night banquet had a far more relaxed atmosphere. Most of the teams had been eliminated. The Warriors had made the final four. After the meal, the management phoned General Newhouse and informed him of the team's success. The management did a little celebrating that night (the players returned to the "Sev Abels" early because continued on page 15 How to get the Cardbefore graduation. College is the first sign of success. And because we believe in your potential, we've madeit easier to get theAmerican Express Card right now. You can qualify even beforeyou graduate with our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card. Don'tLeave School Without It!" llllllllllllllllllllllllllHHllllllllllllllllHli • PROFESSIONAL p _ • TYPESETTING OFFSET PRINTING E SERVICE o • FAST COMPETITIVE °JJ • PRICING MANY M • DIFFERENT TYPESTYLES & E S» PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT USFOR A QUOTATION TODAYI i I jl Lr_f__r_ 3171 Main Street fUtln S. of Wlnsp..,) But,a,°'NY 835-°lOO TjSpaTjk? iKP)i^Mi\iirl676 °|vdN,a-FaHs from nfiv&fr-tp?p T\ lyiS§P) facron KMmtl) Tonawanda, NY 834-7046 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1l ■ Htravel Hservices .^H "ELATED 14 The Opinion March 11, 1987 �Wade's Warriors ... • the semifinal game started at 10:45 a.m.), and all I can say is that the Colonel was not kidding when he said he had been to a lot of places where "everybody smells a little bad." Once again, the Colonel entertained the management with stirring motel room oratories. The snoring symphony was averted by the diligent and somewhat violent efforts of Traveling Secretary continued from page 14 Brian Bornstein. The Final Four The Sunday morning semifinal game against Albany Law School started with the Warriors taking an early four point lead on the strength of several three point baskets by Rick Resnick. The momentum of the game seemed to turn when two Public Safety officers checked the Colonel's pearl handled revolvers to see if they were authentic. Tammy Schultz accepts the Haven House donation. • General Newhouse gets his uniform. "The management did a little celebrating that night . . . and all I can say is that the Colonel was not kidding when he said he had been to a lot of places where 'everybody smells a little bad.'" Dan Lukasik picked up three quick fouls. At half time Albany led 39-34. Forward Steve Lindley fouled out early in the second half with Albany leading We're number one. Mine eyes have seen the glory. 56-42. The Warriors were unable to get back into the game. Albany won easily, 85-65. The Warriors were magnanimous in defeat. Steve Lindley observed, "These guys were relentless...Albany never stopped hustling..." The Warriors' front line foul trouble didthe most damage to their title hopes. Forwards Larry Spicassi and Thomas Ware were unable to play. Their absences left the Warriors thin at the forward spot. The Warrior guards were unable to score consistently from the outside. In short, Albany played well and deserved to win. After the game the team retired to the "Sev Abels" for champagne. When toasting his team (the last speech in a weekend of speeches), the Colonel laudedTiis players' efforts, expressed his desire that the first years continue the Wade's Warriors project next year and ranked Wade's Warriors among his fondest of Law School memories. The bottle was emptied and the long trip back to Buffalo was made much more pleasant by the Colonel's kind words and the memory of the wild weekend that was behind us. Warriors take New Englandby storm. Back court action. 4,5 Seventh Avenue, Suite 62 'Front woods" action. botfffi | bapfai § borfhn Oh It says right here we can't use the guns. • New York, New York 10001 • (212) 594-36%_(201M>23: j36^ March 11, 1987 The Opinion g 15 �am r«l W^ I I I I ■&'A 11 11^^^ I W\Wl T_%\^^B_Wm^r JL^VJ I j^H ATTENTION: CLASSES OF 1987,1988 & 1989 When you register early for BAR/BRTs 1987, 1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation's largest and most successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: _______ lr_ ~s-^ I/ I'—^fs—'l fmJ^_-___)^*_-W n 415 Seventh Avenue, Suite 62 New York, New York 100C1 212/594-3696 201/623-3363 II _ IV I \ === Ijlf /// If VW/VW Jl vi^ =^=^========== — ___% V^V ___ __W__W |H I .. — 3rd Year Reps. c. r.Steve Ricca Colleen Rogers Debbie Rosenband tiub Robin Rosenberg j i r c Jennifer Sanders , 1C Joel Schecter c cv Evan ,LeslieShapiro n, Shuman Karen Silverman Eric Snyder Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock D Bernetta Bourcy Karen Buckley Robin Chekla _r j /-, ». Mary Comerford k, r. i Nancy Decarlo c v Keith Fabi x ~ Tammy Gordon .•. .. . ~ b ,ir PaulKarp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt Rickßesnick 16 The Opinion March 11, . , 1987 . „ A 1 Cora Alsante Shari Berlowitz Mikeßiehler c_, ~. ~ Festus Campbell n^_ mTTZT ,~ MelanieCollins - _. A AlDong .-, ■ CSS 1 JWm ©19878AR/BRI/ f^H\ ■ m __^^^^_^^^^_ Head Rep. Barry S. Stopler Asst. Head Rep. Ramon Perez r D _W 160 Commonwealth Aye. Boston, Mass. 02116 617/437-1171 . GailICII Ellington c Susan Gass c SusanGigacz 2nd Year Reps. - » Mcßnde « Bob ._». Joshß.Rosenblum • _ Lisa Strain „Scot ~T Yunnan ChristineTsai Z Debbie Dew tt Walker , , „,.„; JohnWi ams Dana Young Caro Livsey ~ ... ' lst Year RePS- ' Derek Akiwumi Arlyn Goldberg Ben Bruce DaveQuinn Dan Schwartz Charlie Favata TonyParlato � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-03-11 Alternative Title An alternative name for the resource. 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Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/14f6d75abc50751b722f1ed8b3a2970f.pdf 6c2b79bdd9602eacf87895781bc5cde4 PDF Text Text THE OPINION Volume 27, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 1,1987 Convo. on Mentally Disabled Provides Insights by John Bonazzi represented, population. This was accomplished by providing attorneys with practi- The 11th Annual Convocation was held on Saturday, March 7, at the Center for Tomorrow. The program, entitled "Professional Considerations in Representing the Mentally Disabled," was presented by the UB Law School and the UB Law Alumni Association. The program was co-sponsored by the UBSchool of Psychiatry, the first time another department or school has co-sponsored theConvocation. This year's Convocation was designed to improve practice skills and provide needed information for lawyers who undertake representation of the mentally disabled. Indeed, one of the goals of the event was to furnish area attorneys with knowledge of the special needs ofthe mentally disabled in an effort to get more of them to undertake representation of this extremely needy, yet under- ' cal, necessary information on subjects such as the role of lawyers, psychiatric consultations, therights of institutionalized persons, the judicial process, and attorney fees. Roger Stone, executive director ofthe Mental Health Association of Erie County, led off the program by speaking about the lawyer's role in legal proceedings related to the mentally disabled. He was followed by Dr. Brian Joseph, an associate clinical professor at the Department of Psychiatry of the UB School of Medicine. Joseph gave an interesting and humorous talk on the role of the psychiatrist or other helping professional in legal matters. He also provided insight into the impact of law on treatment and therapeutic concerns. For instance, Joseph expressed some irritation at the recent decision in Rivers v. Katz, which held that psychiatrists cannot treat mental patients without their approval and judicial review. The dilemma here is that many patients may refuse treatment, yet require it to function adequately in society. The law, then, in an effort to provide for the welfare of the mentally ill, flicting views on the rights of the mentally ill and the level of proof the government should be required to meet before infringing on the mentally disabled person's constitutional actually impedes therapeutic vatorships and guardianships. James Sheldon of Neighborhood Legal Services followed progress. In discussing the rights of institutionalized persons, a de- bate was provided by two advocates who work with the mentally disabled in legal matters, yet represent different ends of the advocacy spectrum. Beaufort Wilburn, an attorney from Legal Services for the Elderly and Disabled, and Douglas Cream, a New York State Assistant District Attorney General, presented con- Ewing's Book: Battered Women Who Kill Proposes Change for Self-Defense Rule A UB forensic psychologist and law professor hascalled for a radical change in the law which would allow battered women who kill their abusers to claim psychological self-defense as a legal justification for their actions. Charles Patrick Ewing, Ph.D., J.D., proposes the legal change in his new book. Battered Women Who Kill, published by Lexington Books. Ewing is an associate professor of law and clinical associate professor of psychology at books today. The battered women syndrome is one which is complex and not well understood by the public or by the court system. "People wonder why women who eventually kill their abusers put up with the abuse over ÜB. "Most battered women who kill their batterers are convicted of some degree of criminal homicide despite pleas of selfdefense and ample evidenceof repeated physical abuse they suffered at the hands of the men they kill," Ewing said. A majority of these women are convicted and serve time in prison, he said, because they do not kill in self-defense as it is currently defined by law. Current law, Ewing argues, narrowly defines self-defense as a legal justification if the defendant acted in fear of imminent death or serious bodily injury. "The keyword is'imminent,' " said Ewing, "for many of these women have suffered as serious abuse from the batterer on other occasions when they did not kill him." The legal criteria should be changed, he proposes, to in- clude psychological self-defense as a legal justification in these cases because the women killed to prevent their psychological selves from being destroyed. This concept, he admits, is radically different than the perceived or actual threat of imminent physical death or bodily injury necessary for a plea of self-defense on the Prof. Charles P. Ewing a long period of time. They also may feel the woman must have enjoyed the abuse in some perverse way or she would have left long before the incidents ended in killing," Ewing said. Among some, there rrjay be a feeling a woman is "property" of her husband or boyfriend and thus he had an unspoken "right" to beat or abuse her. Indeed the woman may have sought recourse through the legal system, going so far as divorcing the abuser or fleeing to other states. She may have obtained court orders which would presumably prevent him from having any contact with her. But even these steps, as Ewing's book points out, were not enough to end the battering. "The man may, at considerable effort and expense, find her and continue the battering and abuse," said Ewing. Women described in Battered Women Who Kill have repeatedly been beaten with a variety of instruments, run over with or thrown from moving vehicles, locked in houses set afire, torturedwith electrical devices and burning cigarettes. raped with items ranging from electrical immersion coils to broom handles, and been witnesses to abuse of their chil- dren. They have had their telephones ripped from the walls and been tied to furniture or confined to locked closets to prevent their leaving when the abuser was away from the home. They have been subjected to threats of more violence if they tell relatives, friends or the authorities of the abuse. Frequently, they have no money, no way to support themselves or their children, and no place to go if they did, in fact, leave. In some cases, they have lived in isolated areas where the only help would be miles away. Over time, Ewing theorizes, women who are repeatedly abused and tortured lose their sense of "self." They gradually find themselves becoming "non-persons" helpless and alone in a struggle to preserve shreds of their original psychological selves. They murder their abusers, Ewing believes, when they are in imminentfear of destruction of their "psychological selves." A major problem with the accepted criteria for a plea of selfdefense in a majority of the cases of women who kill their abusers is simply that they often commit murder whenthe threat of imminent physical death or bodily injury is not present. "They may waituntil the men are sleeping to kill them or stab or shoot when not actually threatened," the UB forensic psychologist said, "circumstances which do not meet legal criteria for a plea of self-defense." — continued on page 9 liberties. After a short break, William Cunningham, public administrator of the Erie County Surrogate's Court, spoke on estate proceedings, including conser- with information on entitlement programs for which the mentally disabled may be eligible. Mark Mahoney, a noted defense lawyer and UB law professor, addressed criminal proceedings involving the mentally disabled. His primary thesis was that the legal and treatment systems are inherently different, and that 'awyers need to be aware of those differences. For instance, he made the point that the legal process is concerned with adjudicating blame, punishing, and removing the offender from society; the medical model, however, is concerned with providing care, rehabilitating and treating, and returning the patient to society. Operating on these differing levels makes it extremely difficult for the lawyer to use the system effectively. The Hon. Theodore Kasler of the New York Supreme Court spoke on the judicial process. He was critical of the strict guidelines imposed on judges in cases involving the mentally disabled. For instance, he assailed the ruling in Rivers v. Katz, saying that it both defies common sense and makes it difficult for the disabled to get the treatment they need. The last presentation was given by Bruce Goldstein, a local attorney, who spoke on a subject close to the hearts of most — lawyers money. Obviously important if more lawyers are to be enticed into taking on these cases, Goldstein presented methods of getting paid in some cases very well for working on behalf of the mentally disabled. —— A luncheon followed the series of discussions, after which the Jaeckle Award was presented to the Hon. Michael F. Dillon. The Jaeckle Award is named for UB alumnus Edwin F. Jaeckle, class of 1915, and is the highest honor the Law School and the UB Law Alumni Association can bestow. It is given annually to an individual -who has distinguished himself or herself, and who has made significant contributions to the Law School and the legal profession. Brown & Bullard Represent UB at Douglass Moot Court by H. Todd Bullard nary round and had done quite The 1986-87 Frederick Douglas Moot CourtTeam comprised of Greg Brown and H. Todd Bullard traveled to Houston, Tex. to compete in the National Frederick Douglas Moot Court Com- well. petition. Twelve teams representing sixregions took part in the competition. The competition was very keen considering the fact that to qualify each team had to be one of the two top teams in its region. The Northeast Region was represented by the University of Buffalo and Rutgers School of Law/Newark. Other teams included Tulane University, University of Baltimore, University of Puget Sound, Texas Southern University, Hastings School of Law, Drake University, Mercer University, Oklahoma University, University of Southern California and UCLA. Although the Buffalo team was very competitive, it missed qualifying for the semifinal round. However, the Rutgers Newark team qualified for the semifinals before being eliminated by the University ofOklahoma team, which eventually won the competition. Tulane University was the second place team. The Buffalo team had argued against the Oklahoma team in the first prelimi- * * * In addition to the National Moot Court Competition, the Annual Convention for the NationalBlackLaw Students Association was held. There were over 350 students and delegates representing over 200 law schools present at the affair. This year's convention theme was "Unveiling the Truth to Serve Tomorrow." The purpose for this theme was to instill a sense of unity among future Black attorneys to use their much-needed skills to serve the continued on page 11 inside SBA Candidates ... 2, 5 The Boy Mechanic .. Race Judicata . . ALSA Lecture 7 10 11 - �SBA Executive Board Candidates President WJoh.n illiams For instance, if 200 students wanted Property II, theadministration, if economically feasi- John Williams, President First, I think that it is important to acknowledge the fact that we students have it pretty good around here, but like all things, the Law School is not perfect. I have no set formula to achieve perfection, but I do have some valuable insights to use in striving to make the Law School a better place. The major problem that plagues the law students seems to be course registration. The truth of the matter is that the registration process may never be perfect, but it can be improved. I think that it would be wiser to conduct registration in the Spring for the following Fall semester. This would make the administration aware of any problems, and enableitto make the necessary adjustments to meet student needs. ble, could arrange over the five month period to provide for additional professors and/or courses, as needed. If registration was run this way, the drop/ add period would have to run parallel with the first day of class. This would create a real drop/ add period and not an extended registration period, as it is now. If registration and drop/add were changed, it would allow a longer summer because students won't have to worry about registering. Another area that always poses problems is student input into the governance of the Law School. For the last two years, I have watched enthusiastic students compete for seats on the Law School committees. These committees are supposed to represent our part of governing the Law School. Most of these committees don't meet at all, or at best once a * year. According to some school officials, there is nothing to discuss, so therefore there is no need for meeting. I can't believe that no academic policies, budget problems, or admission problems have arisen in the last two years. If I am wrong our school rankings should have gone up and not dropped to 38. As president, I would fight to achieve full student representation. It is important also to ask President Sample why the other graduate and other professional programs have improved on a national level, and theLaw School has faltered.We must also ask the Law School administration when and if there will ever be an identifiable physical entity for the Law School. We have to make the University realize that we have to grow with the overall expansion scheme and be an integral part ofthe University ofBuffalo. The SBA itselfhas to be more structured. Some of the meetings are out of control, and people are cutting each other off. We must remember that this is an open forum and we must respect other views and feelings. The SBA must also emphasize that we are not wasting student money. Many students don't realize that we financially sponsor every event of all clubs. I also feel that the SBA has stepped into the realm of political expression; something that the student body did not explicitly sanction us to do. I would opt for referendums on any controversial, political issues. We may be voted into office, but we are not dictators. Let the students voice their opinions on political matters; then the student body as a whole takes a stand. This is my second year on the SBA. I have some valuable experience to bring to the job. Please vote for me. PVice resident Anderson Belina Derek Akiwumi though I feel that our current officers did a great job for the 1986-87 school year, I am confident that more representation on the executive level next year will provide for even more im- provement. As vice president of the SBA, I will be committed to serving Derek Akiwumi, Vice President My pledge to the law student body as their vice president for 1987-88 is to serve the interests of everyone with an objective eye. As a first year student on the Board of Directors of the Student Bar Association, I noticed an absence of second year students on the executive level. This, in my opinion, constituted a lack of representation. Al- the needs of the Class of 1988, the Class of 1989, and the new Class of 1990. Next year, I hope to strengthen the communication between SBA and all law students. I intend to make sure that all of the activities sponsored by SBA will be given more publicity. I will also place a special emphasis on extensively advertising the University Committee appointments process. All law students will be fully informed before the week of the University Committee interviews. If I am elected, these services, in addition to my other duties as vice president, will be performed efficiently. I believe very strongly in the ideaof helping. It is with this belief that I hope to gain the confidence and support of my fellow law students. Belina Anderson, Vice President I'd rather this than school- work. I'll take a firm stand on important, controversial issues. I have experience. I play a mean game of softball. Vote for me. Belina Anderson, second year student, for vice president. Write me in. -2 PLEASE TURN TO PAGE 5 FOR TREASURER AND SECRETARY CANDIDATES The Opinion April 1, 1987 that will continue and expand upon the activist/open govern- ment role it has staked out Andy Bechard, President I am Andrew Bechard, a sec- ond year student taking the Jaeckle Center course concentration in state and local government law, which I eventually hope to use to pursue a career in lobbying or government and public policy formation at the local, state or national level. Some of the summer internship opportunities I am investigating are with USPIRG and Public Citizen, two non-profit, Washington, D.C.-based and Nader-affiliated lobbying and organizing groups. I am also investigating a possible New York State Assembly internship in Albany, or working in Ottawa as an administrative aid to a New Democratic Party member of the Canadian Parliament. While! have never held a Student Bar Association elected position, I have been active with a myriad of Law School organizations and committees. I am a steering committee member and treasurer of the National Lawyers Guild, a staff member of In The Public Interest (the journal that was until very recently the only alternative to Law Review), I am an active member of the Buffalo Public Interest Law Program and I sit on the SBA Faculty Student Library Committee. The major reason I want to run for SBA president is because I feel that there is a real danger of the SBA becoming complacent and staid an existing Law School institution but only that and just that, just existing. An institution not open to the creativity of its student organizations or to student needs. The SBA needs a powerful and forceful leadership if it is going to improve conditions for its constituent students. What UB Law School needs is an SBA — VOTE! APRIL 1 2 President AB ndrew echard under Brett Gilbert. I have a great respect forBrett because he sees the position of SBA president as much more than organizing great parties at local drinking establishments. This administration had the courage to take on the hard, political issues, such as calling for the University to abide by SUNY guidelines regarding Star Wars research, and attempting to remove the Defense Department's Judge Advocate General Corps (JAGC) and their discriminatory hiring practices from the UB campus (JAGC discriminates in regard to sexual orientation). While there has been much debate on this Career Development Office Non-Discrimination Policy (it has been called on one side a "token gesture" and on the other a "conclusion reached purely on moral grounds"!?), it is essential that this policy be pursued in the interest of the gay community in theLaw School and on the campus as a whole. While there are a number of other important issues in this election, I would place emphasis on the following areas: Professor Betty Mensch has pointed up that women and minority faculty hiring has been lagging. I will propose that this be a priority of the studentsthat are chosen for the Faculty Appointments Committee. The parking situation continues to be a sore spot and gets worse with every statement made by President Sample's Parking Task Force. I propose a lobbying campaign on Sample and his Task Force thatcalls for elimination of Faculty-Staff only lots and a return to unrestricted and free parking as UB students enjoyed in the 1985-86 school year. Finally, there needs to be a modest increase in Law Library hours and access to more computer terminals within the Law School. I will work with Law Librarian Ellen Gibsonto attempt to obtain a larger temporary service and staff work force budget so limited weekend hours might be lengthened. My primary point is that if the "Buffalo Model" is to continue to exist, the SBA has to maintain its activist role. Your vote will help keep the SBA active and open. REFERENDUM On Wednesday, April 1 and Thursday, April 2, the Student Bar Association will conduct an "Official Student Opinion" concerning the question of whether the University administration should arm the University secu- rity police. This issue is currently being debated within the University community and the results of the "Opinion" will be sent to the appropriate administrators. Briefly, a task force recommended that University police be given guns between the hours of 4 p.m. and 7 p.m. Guns would not be issued to police who were assigned to the dormitories and no guns would be issued to police who were assigned to patrol student demonstrations, though guns wou|d be available to these officers should trouble develop, The voting will be open to all law students betweeK the hours of 9 a.m. and 5 p.m. in front of the Law Library. This "Official Student Opinion" will take place in conjunction with the SBA Executive Board elections. �IEFUTV I wn if I pliliM|iJ lip? 9 *\ ~~| ■ We designed our ''Programmed Learning System (PLS)" on the premise that studying for the bar exam is useless without constant review and reinforcement. We at Josephson/Kluwer understand that all the "cramming" in the world won't get you past the bar if you do not build your knowledge systematically. That's why we designed the "PLS" to give you that competitive edge. Admittedly a pretty big claim. But then, it's really what you would expect from the recognized leader in bar review. In fact, more and more students prefer Josephson/Kluwer than any other I I It's our academic expertise that has allowed us to excel beyond the other bar review programs. To find out more about our — §P m 'PROGRAMMED LEARNING SYSTEM (PLS)" _^_j_Sj_to_____________________________________________ _^^ ____________^^^^^^^^^^^^^^^^^^^ «•§ MJM>>>^—^>>><|>>J>^^^^^^^^^gg^^^^^ I Bar Review Preparation call: I 1-800-421-4577 or 212-505-2060, or better yet...see your campus representative. JOiEPHION ■IVA/m ■ I wm^- ast st Street, Suite 1206-7 New York, NY 10010 (212) 505-2060 or (800) 421-4577 "-* __■ W HUIWEH LEGAL EDUCATIONAL CENTERS, INC. I © 1987, Josephson/KluwerLngel Educational Centers, Inc. 1 ■ I SUNY AT BUFFALO J/K REPS Lawrence Basel Eric Chester Celia Garelick Evelyn Gurdin s LoisLiberman Elaine Pers Julie Brett Raymond Dziedzic Evelyn Gawronski Maryellen Gunnison Fern Merenstein Martha Post David Brown Irene Fassler Carol Giarrizzo Nancy Holtby Pamela Neubeck Philip Chamot Ronald Francis Laura Green Rose-Anne Landau Karl Niedermeier Afl#rVHH& TheQp^ipp, 3 �w______W\f HI mm* r_fi_j*_______\ _W______WJsm___mm _\W ___ ____W.ffim3_____ ___*___ mSBmUM ______ ________m __*_____{____ mill H^f^iHl mWkm._m_mms_mmma W__M ___t-f_-t*__'___[J____\ wKBBSBbB -^^H w.wxtt____i.___i______tri._____i I ! I I H___H__yfl___M___HU_H___i_l_H ___M- __§___ \______M _mm______\ £T^^^l Kl^fl m\m__*___\ ____K_____ M_\ . \W IMXJ_ir_M_: _m__ _____wz_t_\ i a mrnVt i. >(*&£■ Rte ____wt_______ ____\___M Hk^o3 ____S__\_m PfWB \\W__. V9*S^^H »» ""^^^l H^Mftifflft «^^^h^k. rj^^^^^ HsH Ht,.,^_k/_£M Kk.i-WL^ixt ?__^_} mmmWfsm^ I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 • Telephone: (516) 747-4311 Amy Murphy TerranceFlynn ■ , The Opinion 4p<il .1,1 ?87 JudithKubiniec Doris Carbonell Mark Pollard Donna Siwek Amy Sullivan Susan Rogue Rice Shelly I I For information see your P/'eper Reps or contact: Brian Bornstein urn \___M IHH»I ______!*±_t*^___- fvsi* ___ K^TviJl _____wMtF_n__\ The Bar Course That Cares. I 4 mm....-.,-._^^r?_Z—~_\ \w__i\W\ ______^__vj&xxht_i m_m*_______\_ffl__m____9_____ mmmwawM ____*__m__W__\____\ mm_____m9_m__i il- iai v ____t____m ___w_\\\m __\\__w _____WB_W_M ■_____} HRRHH w_ Maria Lotempio John Rowley Cynthia Gonzalez I �SBA Executive Board Candidates Treasurer Lyn ing K Kim Kimi King, Treasurer O.K. So let's cut through the credential garbage and get down to business. I have my Master's of Public Administration concentrating on budgeting and financing (two years of sheer unadulterated fiscal accountability and budgetary processes; fun stuff!). For three and one-half years as an undergraduate I was the student accountant for the University of Illinois StudentHousing Division, which funded all of the student programs and projects in the residence halls (the budget was approximately $60,000) and yours truly was responsible for clearing the accounts and hauling people on the carpet to justify budgets. Various other financial niceties include being business manager and treasurer for an independent theatre troupe; processing payments and vouchers as a resident director assistant; and organizing fundraising and expenses for various not-for-profit organizations I have been associated with. Now, down to the good stuff... Somehow (God only knows), Vicki Argento was able to untangle the mess she inherited and manage to put the SBA books back in order (and do a wonderful job, I might add). Now with the fee hike going into effect and the last of the phone balances still on thehorizon, hopefully the cloudof confusion will dissipate. This is exactly why I am running for treasurer. The most important function of the SBA is its funding of the Law School groups and individuals requesting money. One of my first priorities is to keep the student body posted on where your money goes and how to get you involved in being a part of the process. For instance, did you know that if you are attending a Law School related conference, you can personally request money? (Granted, the amount won't finance the bulk of your costs. but every little bit helps.) There are a few strings attached, and the amount varies depending on how many people request funds, but it's there for you. My second priority is to do some long range planning for the SBA (obviously, this is not a sole venture and I will be finding out what you would like to see happening and including ideas and goals of the whole student body). Right now we seem to be operating on a day-to-day basis with the funding (part of that is due to the mess that had to be cleared), but it would be nice to see some physical donationsto the school, i.e., how 'bout a laser-jet printer for doing your resumes or what about clearing out that gutter in the basement and putting in a student lounge so we can get out of that draft in the walkway? So where is this money coming from...? What I will work very hard at doing is encouraging the student groups to do planning and fund-raising, which includes coordinating activities with other groups, so that financial burdens don'tfall so heavily on one particular group with a great idea, but very little funding. To that end I will be in close contact with each treasurer of the student organizations so we don't get lost in the blur of the school year. As for the other ideas, stop me in the halls, leave a note in my mailbox...l want to do this, but I can't do it alone. Sexist Interview Questionnaire by Robin Rosenberg Job interviewers who ask questions that are not job re- lated and which have an adverse impact on women or minorities are violating Title VII, the federal anti-discrimination employment statute. Some students have encountered such prohibited questions or sexist remarks during interviews, while others have encountered discriminatory remarks on the job. ' In an effort to educate the Law School about this problem, the Association of Women Law Students (AWLS) has designed a short questionnaire about sexist interview practices. The questionnaire is available in the Career Development Office (CDO). If you have been subjected to sexist questions or remarks either during interviews or on the job, please fill out the questionnaire. CDO will then contact the employer and AWLS will publish an article identifying the employers, the nature of the problem, and any comments the employers might have in response. Those who fill out the questionnaires will remain anonymous, in the article. By acknowledging that discrimination exists, AWLS hopes to confront the problem and eventually eliminate it. Taking PINS Out of Court (Persons in Need of Supervision). by Daniel Ibarrondo On Friday, March 6, the Baldy Center for Law and Social Policy and the Mitchell Lecture Fri-~ day Faculty Forum presented a Work In Progress lunch for the Education and the Handicapped Working Group. The group members are Ronald Hager, Charles Ewing, Murray Levine, Jeffrey Hummel, William Stott, Lawrence Lane, Julie Teibel and Annette Peralta. The topic of discussion was the involvement of handicapped students in Family Court. Hager spoke about the dilemma concerning the treatment of PINS ■ ... . . supervision. Upon determination of whether a child is considered a PINS or not. Family Court often refers the child to a clinic where the child is evaluated and the Court receives a probation report on the child. Studies have Michael Kulla was BPILP secretary. Currently, I am its president. Working in BPILP has given me the opportunityto learn how to deal effectively with fellow students, faculty, and the administration. Having a good working relationship with people in the Law School is important for SBA officers. Since I have already established these relationships, I can bring that with me to the position of SBA secretary. Being in BPILP also allowed me to gain an understanding of what is important to students and student groups. Such matters include fighting growing apathy, increasing student awareness to relevant issues, and organization funding and exposure. Because I have seen things from the student organization side, I can incorporate those ideas into the workings on the side of SBA. I will be able to give the office my full attention since I will not be holding office in BPILP next year. After evaluating my past involvement in student groups, I know I. will be able to take on the office of SBA secretary and provide the competence and organization it requires. Michael Kulla, Secretary As I was thinking about next year, my last year here at ÜB, I realized I wanted to become more involved with student groups. What I decided was to channel my energies into an SBA office. Based on my past experience, I feel I would be best suited for theoffice of SBA secretary. My experience most notably includes being involved with the Buffalo Public Interest Law Program (BPILP). Last year I AWLS Devoted to Women's Concerns by Robin Rosenberg - ence, which was he/d in Washington, D.C. from March The Association of Women Law Students (AWLS) is an organization devoted to issues of concern to women as law students and lawyers. This year the members of the steering committee are Zulma Bodon, Cindy Eyler, Cindy Fenichel, Arlyn Goldberg, Kirsten Hertz, and Shelley Rice. The group's treasurer is Barbara McLean. Some annual events which took place last fall included a potluck dinner and a reception with the women faculty. AWLS members also attended a family violence conference, the graduate group for feminist studies' presentations, and the UB Women's Conference. AWLS also held a sandwich sale to raise funds for the 18th National Conference on Women and the Law. This spring AWLS held its annual "un-bake" sale to raise money for the Conference. AWLS calls it an "un-bake" sale to avoid perpetuating stereotypes about women, and the baked goods are generally named after well-known feminists to reflect that objective. AWLS's primary goal for the year involves fund raising for and participation in the Confer- 19-22. Fifteen women attended the conference last March in Chicago, and considered it the highlight of law school. This year the Conference again offered practical workshops, panel discussions, and a keynote address dealing with new developments in the law that affect women. Following the Conference, AWLS will give a presentation and put together a display in front of the library. In addition to the Conference, AWLS has planned another potluck dinner, a coffee-house, and co-sponsorship of speaker Karen Johnson on April 3. Members will also attend the Alternative Reproductive Technology Conference on March 27. Drop by the office Pamela W. Barge Laurie Allen Emory University FINALISTS Nancy E. DeCarlo Bruce W. Hoover : First Placa: — to take advantage of the job bank and publications, such as the Women's Annotated Legal and Bibliography Women Alumnae Networking Questionnaire. (Keys are available at the library's circulation desk.) For further information, leave a note in theAWLS mailbox in the third floor copy room. ——— RratPlace: Pamela Barge Emory University Daniel P. Johnson Richard D. Rose University of Pittsburgh AnrTlVI Neill^ Wake Forest Sworn* Waco: Third Place: Richatf C. Slisz Birgit S. Philipp AmyJ.Herter University , O'Brran ORALIST WINNERS: BRIEF WINNERS: SEMIFINALISTS: David Btiran AmyJ.Herter Albany Law School Laura B. Cimino — Hall room 10 in the basement Results of the 1987 Albert R. Mugel Moot Court Competition WINNERS; SUNY at Buffalo PINS are children who are under 16 years old, truants from school, ungovernable, or beyond the authority of parents or schools. These children are not necessarily criminals, but by virtue of theirstatus find themselves involved with Family Court which determines their shown that large numbers of thesestudentsalso have educational handicaps. The working group is studying the possibility of dealing with these children in an out of court setting where the best interest of the child can be protected and nurtured. The group would like to see these children referred back to their school district as opposed to having a direct court ordered disposition. There is a New York State law which would require such a referral in certain circumstances. The working group suspects that this does not occur. Secretary David Buran Albany Law School •■ ■ ■:' ■■■ ■ Albany Law School ■ ' ■ " - Second Place: , Albany Law School ■ ■ Third Place: 22 •„ Wake Forest University '-• ■ : ■ April 1, 1987 The Opinion 5 �The Opinion Mailbox _Mmmmmm_______m_____^^m Clarification on Referendum OPINION PQ -• STATt UNIVERSITYOF NEW YORK AT BUFFALOSOKXIL OF LAW April 1, 1987 Volume 27, No. 12 Editor-in-Chief: Paul W. Kullman Managing Editor: Krista Hughes News Editors: Features Editor: Business Manager: Photo Editor: Layout Editor: Contributing Editor: Idolle Abrams Kevin O'Shaughnessy Melinda K. Schneider Paul Hammond Susan Clerc Zulma A. Bodon Staff: John Bonazzi, Michael Gelen, Brett Gilbert, Daniel Ibarrondo, Kathy Peterangelo Johnson, Shelley Rene Rice, Lisa Strain. Contributors: H. Todd Bullard, Al Dong, Richard Giacoma, Robin Rosenberg, Kenneth Yood, John Zuroski. 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year.It is thestudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. TTie Opinion is funded by SBA from Student Law Fees. £) Copyright Composition and Design: Words and Graphics, Inc. Editorials SBA Elections SBA Executive Board elections are being held today and tomorrow, and it is disappointing to see that so few students have chosen to seek offices. Until shortly before the deadlinefor submitting personal statements, all of the four seats were uncontested. Now, however, with the addition to the race of Andy Bechard and Belina Anderson, there are two candidates each for the offices of president and vice president. This pervasive apathy is not confined to SBA. We have felt it at The Opinion, where editorial board elections will soon be held and there are hardly enough staff members to fill the necessary positions. Perhaps we law students have become complacent by resting on the successes of a relatively eventful year. Under Brett Gilbert and the current Executive Board the student body has become involved in several important issues. Summing up the past year, presidential candidate John Williams states, "1...feel that SBA has stepped into the realm of political expression, sopiething that the student body did not explicitly sanction us to do." It is true that SBA has stepped into that realm, but such a step is not, as Williams seems to imply, necessarily bad. As president of the Student Bar Association, Brett Gilbert has been able to recognize problems which are of interest to the student body, bring these problems to the students' attention, and encourage us to do something about them. When parking lots were an issue, Gilbertwas in the forefront of the protest, reminding the University that the Law School is still a part of the UB community rather than simply a traipsing ground for undergrads. When Central Administration wanted to decide who would represent the students on the Dean Search Committee, Gilbert and SBA pushed and succeeded in persuading the Administration to accept the students' choices. Finally, when the Career Development Office wanted to bring to campus employers who discriminate on the basis of sexual orientation, in direct opposition to an Executive Order issued by Governor Cuomo, SBA passed a resolution calling for CDO to deny the use of its facilities to employers who discriminate against homosexuals. These are important issues which probably would have been overlooked if not for a student government which was willing to take a stand. It seems that the student body has become apathetic. We don't need an apathetic student government. If student government is not going to remain active in issues which directly affect the students, there is no point in having a student governtnent at all. Read the candidates' statements. Considerthe choices carefully. it affects us all Be concerned with who will be running SBA — — Short Notice Again Last week a three-member accreditation committee visited the Law School for what one member of the committee called a "sabbatical inspection." Such "inspections" are standard, taking place in all ABA accredited law schools once every seven years. The purpose, according to committee members, is threefold: (1) to perform a checklist function, making sure that the Law Library seating spaces comply with ABA standards, etc.; (2) to get a sense of the goals the faculty has set and to determine whether those goals are being reached; and (3) to give advice and spread ideas. Law students were invited to meet with the committee members in an informal give-and-take interchange on Thursday afternoon, March 26. However, the short notice (flyers were posted only several hours beforehand) resulted in an extremely light turnout for an event which was of such great importance. Most students missed out on a key opportunity to sing the praises of our Law School, make their criticisms known, and get a feel for how it compares with other law schools. While those students present took advantage of the opportunity to make their feelings known, especially with regard to the assets of the Law School, the impact of what they said was diminished by the poor turnout overall. Which brings us to one of the major shortcomings of this Law School the ineffective communication system between administrators, faculty and students. Effective communication is crucial to mobilize any body to act and move forward. More bulletin boards (perhaps designating some "Law School only"), a PA system, etc. would start to scratch the surface. But what really needs to be formulated is a specific plan for disseminating information to students in general, and disseminating it in a manner in which adequate notice is given so that adequate response can be given. The Opinion April 1, 1987 — 6 The opposition thought that the elected student directors should decide an issue such as theresolution. I wholeheartedly agree that JAG's discriminatory hiring policies against gay people should not be tolerated in this Law School. What is more important is the genuine sentiment of the entire student body on the issue of employers who have discriminatory hiring practices based on sexual preference, sex, race or any category that discriminates. In order to solicit student input a referendum would have been appropriate to indicate where the students as a whole stood on the issue of discrimi- Cleo Says Thanks To theLaw Students, Mr. Schlegel and "Ronald Reagan" Thank you all so much for the lovely fresh-flower arrangement and the get well poster card. You don't know how much your best wishes and loving : — VOTE! and VOTE. Editor: This letter is in reference to the article SBA Passes Non-discrimination Resolution, which appeared in the last edition of the Opinion. I would like to clarify an inaccuracy reported in that article. I initially did propose thatthe SBA hold a student referendum on the resolution, but I never withdrew my proposal after discussion. The proposal did not survive because the SBA voted it down 13-2-1. The overall reaction to the proposal for a referendum was greeted with much opposition. messages have meant to me. I hope it won't be too long before I am back among you. I have hung your poster card in our kitchen where I can read your best wishes over and over again. Cleo Love, Jubulis nation. The referendum would have given the student body proper notice that the SBA was contemplating a resolution such as this and was looking for the student body to make a unified decision. Now that the SBA has decided not to hold a referendum the student body has two options: (1) to initiate a petition for the SBA to hold a referendum; this petition would have to be signed by at least 90 law students, or (2) accept the decision of the SBA. John J. Williams Second year director Marcus Lauds Bodon Article Editor: I wish to commend The Opinion for publishing Zulma Bodon's excellent article on women and minority faculty appointments. The article is first rate. In particular, I find the charts very valuable. Professor Isabel Marcus 'Tell Your Government to End This War' by Richard Giacoma Last August I traveled to Nicaragua with a group of law students to study that country's new constitutionand emerging legal order. Our three week program consisted of formal classes taught by Nicaraguan law professors giving usa sampling of pre- and post-revolutionary law. In addition, we met and spoke with Nicaraguans active in various sectors of the new society including government, media, labor, and youth and women's movements. I also traveled freely (of course observing safety restrictions due to the war) and spoke with as many people as I could. While efforts at advancing the revolutionary society like writing a constitution continued, Nicaraguans were and are primarily concerned with the ongoing war against the U.S.-backed contras. Our government is forcing the people literally to fight for their survi- val. Before the trip I pondered the idea of visiting a country whose citizens are daily being blown up at the will of my government. Could I expect a warm welcome? I recalled the treatment of Japanese Americans during World War II and that of Iranian students in the U.S. who were beat up during the hostage crisis of 1980. Instead of hospitality, I wondered whether I should expect hostility. In fact, people in all sectors of the society greeted us enthusiastically. Members of the National Assembly, the government's legislative body, attend- ed all of our classes, which was a great honor. Interestingly, they did not seek to lecture us on the way things were (as I'd expect in the U.S.) but sat modestly in the back of the room and listened to the professor and to us. After speaking with countless Nicaraguans in formal and informal settings, I was struck by the fact that no one vented their feelings about the war in anger toward me. One woman said that would not achieve any- thing positive. She told me that her people distinguished the American people from their policymakers. I was an ambassador for my people she said, and it would be my responsibility to disseminate my findings upon returning home so that North Americans become aware of the reality in Nicaragua. Another woman whose son recently was killed in the war beseeched us to "tell your government to end this war." Many other people told us to do the same. Such encounters inspired me but at the same time left me feeling hopelessly powerless. How naive these Nicaraguans must be, I cynically thought at first, to believe that I could "tell my government to stop the killing." Would the President, Congress, the Pentagon and the CIA listen to my voice and stop their multimillion dollar war tomorrow? Of course not, but no Nicaraguan expected that. My problem was that I wanted the gratification of seeing prompt results from my own efforts. In Nicaragua I learnedthat the revolution would never have triumphed if such selfcentered thinking prevailed. Ending U.S. dominationthrough the Somoza dynasty must have seemed unachievable at first, too. But it happened because for decades people worked at it, doing what they could, without undue concern over whether or how soon they would succeed. We have a lot to learn from our Nicaraguan brothers and sisters. The Constitution As we mark the bicentennial of our Constitution, another nation whose people fought long and hard to end foreign domination just enacted its own. Nicaragua made an important stride toward institutionalizing its revolution this January when the president and delegates to the National Assembly signed the new Constitution into law. The document is exhaustive, with over 200 articles dealing with virtually every aspect of life in the new society. It is the product of many months' debate in public meetings and the National Assembly and, in a larger sense, many years of struggle for political freedom and social progress through self-determination. The constitutional process was initiated during the 1984 elections when the National Assembly was given a mandate by the people to draft a Magna Carta within two years. In August of 1985 a national consultation was carried out with leaders of the political parties, mass organizations, social groups, guilds and unions. These groups appeared before the Special ConstitutionalCommission of the National Assembly and made proposals concerning the Constitution. At the same time, delegations from the National Assembly traveled abroad to study the constitutions of other countries. The information acquired from these two educational experiences became the base for the first draft of theConstitution written by the National Assembly in February of last year. In Mayand June open forums were held in which Nicaraguans from all sectors of society directly made contributions, criticisms and suggestions to the first draft. The revolution made it possible for citizens to have such direct input in the framing of their constitution. The process proved to be a giant civics or political science class in which people learned what a constitution is and how it applies to everyday life. At the same time, the National Assembly members learned more about the concerns of the people in their districts. The Constitutional Commission incorporated these contributions into a second draft which the legislature debated in the fall and ultimately ratified. The Constitution guarantees basic individual rights such as free religious worship and the right against unlawful detention and imprisonment. Politicontinued onpage H �The Boy Mechanic Life in the Fast Lane. Eight days. Continental Airlines lost our luggage for eight stinking days. And I mean stinking. While Will Zickl and I were washing our clothes every other day in San Diego, some bozo baggage handlers in Newark were playing Australian Rules Football with Will's duffle bag and my backpack. Initially, I decided that Conti- nental's employees and shareholders should be forced to wear one set ofclothesfor eight days. An eye for an eye, Hammurabbi and all that. But after some thought, I decided to get biblical. Continental should be decimated by a plague, preferably a new strain of anthrax. I can see some producer talking: "Hmmm, Corporate Plague...l love the concept. We'll get Peter Graves, Jaclyn Smith, and Scott Baio (to play the delivery boy that starts it all)...it's a can't miss mini-series!" Luggage aside (2,500 miles aside), we were determined to have a good time. This was our last Spring Break. The last chance at a socially sanctioned full fledged (...can something be half fledged?) plunge into liedonism. After graduation, students enter the "real world" (theoretically) and go on vacations. A vacation is very different from spring break. A vacation is a well-planned nightmare involving Club Mcd, relatives or Winnebagos, frequently documented in maniacal detail through the use of slides. A real world "break" lasts 15 minutes and consists of gossip, coffee and danish. Will and I spent the next three days in San Diego tracking down our. luggage, watching the NCAA basketball tournament and searching for San Diego's hometown hero, Den- nis Connor. Our search was concentrated on various San Diego bars. One of our favorites, although Dennis never showed, was a cinder block bar called the Morena Club. The Club (or Club de Morena) featured two pool tables, grilled cheese sandwiches, and a country and western jukebox. After three days, we were still without luggage and still no sighting of the "Liberace of Sailing" (as Will referred to him). We were fairly certain that Dennis was still visiting Disney World.' His plastic smile and glazed eyes lead me to believe that Dennis is not in this world very often...Hemay be a permanent member of the Magic Kingdom. Heartbroken, we left San Diego and traveled to San Felipe, Mexico. I know, I know. A bunch of ugly Americans taking advantage of the depressed Mexican economy. Not this time. We were tourists on a mission. Continental had graciously agreed to reimburse us for 50 percent of our clothing purchases while our luggage was being rerouted through Beirut. We did not haggle. We paid the first price mentioned, as long as they doubledthe receipt ("doble receivo"). It was a beautiful thing to see...American tourists and Mexican merchants joining forces to screw a major corporation. Although we were later reimbursed for. our "doble receivos," Continental is not off the hook: I am still pulling for a corporate plague...with or without Jaclyn Smith. We returned to San Diego to find that our luggage had been flown from Newark back to Buffalo. After shreiking at several . . Without Clothes. . . stone faced airline lackeys (the first to go when the plague hits), we were able to talk to a "manager." She assured us that our luggage would be in San Diego in 24 hours. We celebrated St. Patrick's Day with a corned beef and cabbage dinner (cooked by a man known as "Brew Doggie"), and a few glasses of Jameson and green beer served at a fine Irish place called O'Connell's Bar. While San Diego does not celebrate St. Patrick's Day with the same hellish intensity as Buffalo, it was an evening to remember...unfortunately, I cannot. My friends spent most of the next day debriefing me regarding my actions at O'Connell's...since they cannot be verified, I will not report them. I am, after all, a serious jour- nalist. With much fanfare and celebration. Continental, a corporation with thousands of employees and millions of dollars in assets, delivered our luggage eight days late. Welcome to the Computer Age...Three cheers for the Service Economy. We clutched our bags and tried not to think about the return flight. Where would our luggage go next? Bombay? Jakarta? lowa City? Now that our luggage had been secured, we traveled to Los Angeles to fulfill the true purpose of our sojourn to Southern California: to reunite the Dublin Poker Club. Two members lived in San Diego, two in L.A. and two in Buffalo (Will and myself)...The club was formed last summer during the University of San Diego's International Law Program...Without getting deep into heterosexual male bonding, suffice it to say that it was important that by Kevin O'Shaughnessy we play poker together one last time. Our plan was to spend a couple of days in L.A. and then return to San Diego for the last big game. The first person I met in L.A. was a burned-out Dianetics hustler who spent 10 minutes trying to sell me L. Ron Hubbard's guide to a better life. He insisted that L. Ron had gotten a bad shakefrom the press. I told him if I thought a book would help solve life's miseries I really did have a problem. I am not sure he understood; either way it was no sale. I love L.A.... The next person I met was a bag lady (is it any wonder I didn't cross paths with Dennis Connor?). She was selling bags of Fritos for a dollar. After listening to 10 minutesof a Dianetics pitch, her direct solicitation was refreshing. I bought the Fritos. I love L.A. After hooking up with the L.A. faction of the Dublin Poker Club, we adjourned to a bar to watch Syracuse destroy Florida's chance at the final four. The highlight of our evening was our waitress. A recent emigre to L.A., she was from Seattle, Washington. Her parents didn't love her, they just sent money...a thousand dollars just last week. I told her that my parents loved me, but if I asked them for a thousand dollars they would send me a postcard telling me that they loved me. She continued with her life story; she did not believe in marriage but was very much in favor of living together and, more generally, sex. I went to the bathroom before she had the opportunity to reveal her ... gynecological history. After I returned she decided to prey upon another table. I love L.A The next day. Will and I took a tour ofUniversal Studios. We spent the next two hours listening to an ex-cheerleader/wouldbe actress and an ex-standup comic/would-be game show host introduce us to King Kong, the shark from Jaws and Lily and Herman Munster's place (a.k.a. 1313 Mockingbird Lane). There was also a "behind the scenes" look at special effects. Will was disappointed because they did not explain the greatest special effect: our tour guide's hair. I surmised that a space age lacquer was involved. All this for $15. I love L.A.... We spent the evening driving the freeways of L.A. and checking out the different bars. L.A. is not a city it is eight million — people hanging out and waiting for a city to show up. Beverly Hills is not to be missed. It is Mister Roger's Neighborhood on valium. While we were in Beverly Hills, I thought of the movie Salvador and James Woods' line about America, "This is a great place, you can do anything you want...As long as you have money." The Dublin Poker Club reunion took place in San Diego the next evening. Six friends who never thought theywould be together again. It was the highlight of our trip. Proof of a better life through poker. Two drunken days later we were on our way back to Buffalo. As I spied my backpack coming down the luggage ramp at Buffalo International Airport, I smiled to myself and muttered, "I love Buf- falo." by Daniel Ibarrondo Commentary One's Perspective on Becoming a Person by Daniel Ibarrondo The first part of this article dealt with the initial stage of self-awareness as it leads towards self-determination. {The Opinion, Vol. 27, No. 11.) Many thanks to the numerous people who enjoyed reading the article and opened their perceptions and thoughts on the subject matter to discussion. The following stages will clarify and hopefully continue to provoke thought to those who have approached me and stimulate interest in others. As stated in the first article, the person in the Pre-Encounter stage lives with a distorted worldview and perception of self. Self-hatred due to a lack of understanding of him/herself and misguided perceptions of the American society are a common factor for the Puerto Rican in this stage. There are many factors which cause the individual living in the Pre-Encounter stage to begin to take notice of the Puerto Rican experience. Encounter Stage The question to be asked is what experience, information, event, etc. causes a person functioning at the pre-encounter level to become interested, or at least receptive to, material that will contest a number of his/her basic socio-economic, political, psychological and cultural assumptions? Stated in the simplest fashion, what motivates a person in the preencounter world to encounter or become a Puerto Rican? A predicted answer is indicated by the word "encounter"; that is, some experience that manages to slip by or even shatter the person's current ideological and/or ego structure. Probably the encounter factor will turn outto be of a verbal or visual nature at first and is secondarily an in-depth intellectual experience. This stage is frequently precipitated by a political, judicial, or social injustice, death or defeat of a Puerto Rican or marginally American hero which is communicated verbally or visually, such as the murder of Martin Luther King, Jr. or Malcom X, the imprisonment of Albizu Campos, or the Young Lords confrontation visa-vis Juan Gonzalez or Pablo (Yoruba) Guzman. A person may be "turned on" by his/her mate; that is, a Puerto Rican catalytic love affair. Witnessing a friend hurt by the police, or being beaten by the police personally, are also examples. We might find it necessary to divide the Encounter Stage into two steps: (a) experiencing the encounter and (b) beginning to reinterpret the world as a consequence of the encounter. Step (b) is a testing phase during which time the individual cautiously and fearfully tries to validate his/her new perceptions. On the outsidethe person fakes a real understanding of what is going on through the use of cliches, yet on the inside the person is asking himself "maybe things are different than I thought them to be and if so, I want to find the truth." The first set of questions is very personal: Middle-class person: "Am I really trying to be an Amer- ican?" Ghetto youth: "Is it right to kill another Puerto Rican or prostitute my 'sisters?' " College student: "Do I date American girls or am I avoiding Puerto Rican women? Just what is the basis of my aesthetics?" The tentative answers are predictable and the person usually compares the implications of his answers with the manner in which he had been living (Pre-Encounter stage). At this point guilt becomes a tremendous factor. All the massive guilt and anxiety, plus a desire to be logical, rational and wanted, erupts hurling the person into a frantic, determined, obsessive, extremely moti- vated search for Puerto Rican identity; that is, a new sense of equilibrium. The person has then reached the ImmersionLiberation stage. A quick summary of our prog- ress so far suggests that in the Encounter stage, the person first experiences an event which literally forces an individual to reassess his current (pre-encounter) worldview. Previously hostile or neutral towards the Puerto Rican movement, the "encounter" jolts the person into at least considering a different interpretation of the Puerto Rican condition. As a consequence of the "encounter," the person begins to ask questions that predictably lead him/herto conclude he/she must seek to become a "real" Puerto Rican person; that is, a level of receptivity to a more radical definition of him/herself is maximized. At the point where the individual experiences an overwhelming desire to know about and become Puerto Rican, the person enters the Immersion-Liberation stage. Immersion-Liberation Stage This is a period in which the person immerses himself in the world of PUERTORICANESS by attending political meetings, rapping sessions, Puerto Rican theatre, seminars, art shows, etc. Everything of value MUST be Puerto Rican or relevant to Puertoricaness. It is explained as an immersion into Blackness and a liberation from Americaness. The person actually feels that he/she is being torn from his former orientations. It is a powerful and dominating feeling. He/she is swept along in a sea of PUERTORICANESS. The American world, culture and person are dehumanized (honky, gringo, pig), that is, becomes biologically inferior and in the same instance the Puerto Rican person is deified. Everything that is Puerto Rican is "good." The person accepts everything about him/herself: Spanish surname, brown skin, straight, curly or "kinky" hair, their very "being." That the person exists and is Puerto Rican is considered an inherently beautiful phenomenon. The person in this stage usually has a creative burst, including writing poetry, essays, plays, novels, confessionals, sculpturing, painting, etc. People who never sought or experienced creative concerns often find the ability to express themselves in a totally new mode. Many professional Puerto Rican artists speak of a profound and fundamental change in the quality of their work. With the realization of theirPuerto Rican "being" they could begin to find and express fundamental essences. During this period there is a turning inward and a withdrawal from everything that is percontinued on page X I■ April 1, 1987 The Opinion 7 �Tell Your Gov't. cal rights such as petitioning the government and free assembly are also protected. The right to own private property is protected although made subordinate to the public interest. The death penalty is outlawed and the maximum prison sentence is 30 years. The Constitution also recognizes the autonomy in language continued from page 6 Penal Reform One of the best examples of the societal changes made possible by the Nicaraguan revolution is the functioning of the penal system. Characterized by torture and disappearances during the Somoza dictatorship, it is now a forum for alternative correctional methods. and culture of indigenous peoples in the Atlantic Coast re- gion. Social rights are also guaranteed. Nicaraguans now have the constitutional right to free medical care, to be protected from hunger, and to decent housing. Regarding the family, the rights and respon- sibilities of men and women are to be equal. While the Constitution was just activated, the legal machinery and especially the popular attitudes needed to bring some of its rights and guarantees to life should be expected to develop more slowly. In the case of protection from hunger, the U.S. war of aggression has made that right a goal for the future. One of these is the system of open-air penal farms. We vis- ited one with our hostsfrom the Managua Law School. Situated in the fertile outskirts of Managua on land previously owned by Somoza, this prison without walls holds up to 50 men. There were less when we visited, however, since were pardoned. All of the prisoners had been members ofSomoza's National Guard. They were convicted by Popular Anti-SomozistaTribunals, special courts established after the revolution, of such war crimes as rape, torture and murder. Some were sentenced to the maximum 30-year term. The penal farm is a tranquil Becoming a Person ceived as being or representing American culture; yet ironically a need develops to encounter the MAN or AMERICAN to "prove" and dramatize one's Puertoricaness. The confrontation, especially for Puerto Rican leaders, is a manhood or womanhood ritual a baptismal or purification rite. Carried to its extreme there is a receptivity to confrontAmerican people (usually the police) on a life or death basis; that is, the Chicago Affair of 1967. — 16 recently ... environment where the detainees live a self-sustained life by farming, cooking and cleaning. There are no walls, fences or armed guards just living quarters with TV, a relatively primitive cooking area, and the farm itself. On weekends some of the men go home to be with their families, while the others may have family visit them for — the two days. Participants for the program are selected by a necessarily careful process. Of course, not all offenders participate. All are housed initially in conventional closed prisons. Those who then demonstrate responsibility and a willingness to perform the kind of work done at the penal farm are chosen. The nature of one's offense, we were told, matters little in arriving at this decision. More important is the likelihood that the offender will be rehabilitated so as to reenter society successfully. The non-restrictive nature of the penal farm, aimed at breaking down the stigma normally attached to prisoners, is key to its rehabilitative function. The men are supervised only by two unarmed guards. Escape or uprisings are not a problem though, in spite of the fact that the prisoners, who work with large machetes and axes, are better armed than their guards. We walked out into the fields, dodging irrigation sprinklers, and the men paused to talk informally with us. One very large man, machete in hand, was an ominous sight, especially when I visualized him in his previous occupation wearing the Nazilike helmet of the National Guard. In conversation I learned that the men appreciate their treatment and generally respect the revolution which makes it possible. One man viewed his role at the farm as being part of a "historic process." Another said that the weekend visits by his family were sometimes too much and he had to tell them to go home. marks of one of the prisoners, an older man serving a 30-year term. He was a lawyer and served during the dictatorship as counsel to the National Guard. As lawyers, he said, there are always choices betweenfollowing your conscience or the law; "I followed the law." He advised us to "keep the codes of law near to your heart. But deeper in your heart should be your conscience." He and the dean of the law school, who accompanied us that afternoon, were classmates as law students. Notwithstanding the sea of difference separating their lives now, they joked together fraternally, as if still in school. This, I thought, was one of the accomplishments of the revolution. ticularly captivated by the re- On Monday, April 6 at 12:15 in the Faculty Lounge there will be a lunchtime discussion on Nicaragua given by law students who have been there. Everyone is welcome to attend. ogy. Rhetorically, the person crystallization shifts values from individualism to mutualism or collectivism. A constant theme of selflessness, dedication and commitment is evident; a person feels an overwhelming attachment to all Puerto Rican and marginally American (MexicanAmerican, Indian, Black and Latin American) people. Their main focus of life becomes this feeling of "togetherness and soul." The zenith of the Immersion-Liberation stage is the events. As law students we were par- p.m. continued from page 7 No control or oppressive technique, including threat of death, is feared. Generally, confrontation, bluntness, directness and an "either/or" approach are the primary if not the only basis of communication with other people. Either you are or aren't Puerto Rican; Americans should either put up or shut up, etc. Puerto Rican people are classified or simplified into neat little groups or categories a la Uncle Tom, militant, together, American, middle class, etc. The overall process is a purification process. Frantz Fanon's concept of psychological liberation through the violent overthrow of one's oppressor appears to be relevant, only the circumstances in the United States force the oppressor's death to be thought about or dreamedabout but not actually carried out. To continue, everything is reevaluated in light of the person's new or developing ideol- of the above The second half or latter quar- ter of the Immersion stage is a leveling off process. A person cannot continue to handle such an intense and concentrated affect or attention level (true for the ghetto resident?) and must level off. The leveling off phenomenon is greatly facilitated by the direction of the movement as indicated-by national and international Puerto Rican, continued onpage 11 ok, BAR/BRI #D W PASS THE ISV BAR STUDENTS ———^ 8 The Opinion April 1, 1987 �ALSA Lecture: Redress for Japanese Americans ASIAN LAW STUDENTS ASSOCIATION Present a Lecture: PHILIP TAJITSU NASH Assistant Professor, CUNY Law School Instructor Asian American Studies, Yale University Board Member, Asian American Legal Defense and Education Fund, New York City "Japanese American Internment: Ramifications for the 1980s" DATE: Thursday, April 16, 1987 TIME: 3:30 p.m. /" PLACE: 108 O'Brian Hall /CO-SPONSORED BY: ~ Graduate Students Association \\ International Law Society J ,-v Latin American Law Students Association V\ ) Law Students Civil Rights Research Council ( \ National Lawyers Guild Student Bar Association VJ ENDORSED BY: Black Law Students Association by Al Dong Formed in the Fall of 1986, Asian Law Students Association (ALSA) seeks to provide support among Asian law students, to facilitate Asian law students' interaction with and contribution to the Law School community, and to provide a forum for legal issues concerning Asians. To celebrate the formation of ALSA, the organization hosted a wineand cheese reception on Thursday, Feb. 12, in the fourth floor staff lounge. Present at the reception were faculty, staff, and students. In keeping with its objective of informing the Law School community on Asian-American issues, ALSA is sponsoring a lecture on "Redress for Japanese Americans." The lecture will be conducted by the Asian American Legal Defense and Education Fund in mid-April. The issue on redress for Japanese Americans is currently under consideration by Congress. Over 40 years after the military evacuation and internment of 120,000 individuals of Japanese descent during World War 11, bills are pending in both houses of Congress (H.R. 442 ilk and S. 1053) to provide: (1) y ALSA cordially invites you to attend the lecture, which is endorsed by the Black Law Students Association, and spon- congressional apology to \_\ internees; (2) a presidential pardon to those convicted of violating the racially discriminatory laws; (3) a public education sored by: Graduate Students Association, International Law Society, Latin American Law Students Association, Law Students Civil Rights Research Council, National Lawyers Guild, and the Student Bar As- fund which would inform the public about the internment, so that a reoccurrence may beprevented; and (4) a $1.5 billion trust fund to pay $20,000 in compensation to each survivor. The lecture will also focus on United States v. Hohri, 782 F.2d 227 (1986), a class action suit sociation. Ewing. . continued from page UI which attempts to hold the government liable for monetary damages arising from the internment. On Nov. 18,1986, the United States Supreme Court agreed to review the government's appeal in Hohri. While the government has admitted The 100 case studies described in the book cross racial, ethnic and socio-economic lines. Battered women who kill may be married to or living with physicians, laborers, the unemployed or the highly affluent or successful who are their abusers and torturers. According to Ewing there are some key differences between battered women who kill and those who do not. "Essentially, those who kill that theinternmentwas a moral wrong, the appeal will not directly focus on the legality of the detention. Instead it appears that the Court will examine issues of jurisdiction and statute of limitations. According to the AsianAmerican Legal Defense and Education Fund, the Supreme Court is scheduled to hear arguments in April or May of this year. experience more severe abuse early in the relationship which escalated more quickly than those who do not kill their abusers," he said. Also, the women who killed tended to be older and less educated than those who did not kill. "More importantly, perhaps, those who did not kill had not yet reached that point where they felt their psychological selves were in imminent danger of being destroyed," he said. If Ewing's proposed change in the law were to be adopted by state legislatures, it would be the first time in the nation's history that a legal doctrine of psychological self-defense would provide jurors with a legitimate legal basis for acquitting women charged with homicide of the men who repeatedly abused and tortured them. While Ewing's book deals with battered women, he notes adoption of the concept of psy- '.\r^t 3t-jTk'^fc^v^k^ 4r^.jEK!Bs9Hff~ The American Express* Card can get you virtually [thing from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So during college and after, it's theperfect way to pay for just about anything you'll want. chological self-defense could apply to other cases such as battered children who eventually kill their battering parents. Ewing, who has served as an expert witness in many criminal and domestic trials, received his Ph.D. in child and family psychology from Cornell University. He was a post-doctoral fellow at Yale University and holds a law degree from Har- How to get the Card before graduation. College is the first sign of success. Andbecause we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduate with our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card. Don't Leave School Without iC vard. 1111111111111111111111111111111111111111111111111111111l p E q * (J M E c 9 • PROFESSIONAL TYPESETTING OFFSET • PRINTING SERVICE • FAST COMPETITIVE • PRICING MANY • DIFFERENT • TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING 4 SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! _________ ■ 3171 Main Street (Ualn S. Ol Winspearl BU"a'°' NY Tlß' VNMT? 8350100Falls BlvdJKWll^JlNjLr 1676 Nifroma- KMartl nfn\ H-TcHt HrvlSjij) Tonawanda, NY (aero*, . |It_vr 1834-7046 111111111111111111111111111111111111111111111111111l ■rbatbd Ml SERVICES Opinion April 1,__•»'• 1987 The ;•■.'•, ijVAi. <WT: ~ 'I :. 9 �I»t*b -tU Bi^~x*T^B Bll£-^**^S illi */_w_\ ml_4__l \l___M •"�■B illf »f^i \L_\W The Best Course Of Action. Stanley H. Kaplan has test^prepped students for nearly 50 years. SMH has prepared bar candidates for over 20 years. Together they're an unbeatable team, offering the finest bar review services available. • • • • Preparation for: CA, CO, CT, DC, FL, MA, MD, NH, NJ, NM, NY, PA, VA, VT, and others. Over 110 permanent centers nationwide open days, evenings and weekends. - Complete preparation including extensive practice questions reviewed by experienced professors. No hidden costs, no book deposit, no retake charge. Prepare with Confidence IN THE BUFFALO AREA CALL (716) 837-8022 CALL TOLL FREE 800-343-9188 800-223-1782 10 The Opinion April 1, 1997 I I I I �Ninth Race JudicataAttracts Classy Competitors by John Zuroski The O'Brian Harriers, the Law School running club, would like to announce the running of the Ninth Annual Race Judicata on Thursday, April 16 at 4:15 p.m. This is the annual Law School running race for all law students, faculty and staff. The race route begins in front of O'Brian Hall and is fast, flat and relatively short (2.4 miles). The race is sponsored by SBA, which will provide all awards, food and drink after the race. If you're a beginning jogger or have never entered a race before, then this is a great opportunity to get a taste of competition. If you're an experienced racer looking for some hot competition, then you'll be glad to hear that Alberto Salazar and Carlos Lopes (the Olympic gold medalist) have accepted our invitations and will be competing for the coveted first prize one. There will be a table in front of theLaw Library to order these shirts and to sign up for the race. As to the Law School field here are some early predictions: (1) Jack Luzier will not run the race dressed as a pilgrim, but will instead wear a costume resembling a New York reporter; (2) Wade Newhouse will fire the starter's pistol to begin the race; (3) Katie Kieb will run the race, though she'll claim not to be entered until seconds before the gun goes off; and (4) Larry Specazzi will not win the race. P.S. Not every fact in this announcement is true the course is actually just a little trophy. In the women's field, Mary Decker-Slaney and Zola Budd should provide some excitement. (We had to get somebody to give JenniferSanders some competition.) Last year's race drew 60 people and this year we are hoping to double that number and have 50,000 screaming spectators lining the spine to root on the runners. Like last year, there will be a commemorative race T-shirt offered at cost to all those wishing to buy — Oppression in Latin Am. Is Focus of NLG Oppression at home and abroad has been the focus of the UB Chapter of the National Lawyers Guild this semester. The Guild's Latin America Task Force (LATF) sponsored a slide presentation by Carol Alt, who spoke about the suspension of civil rights in Chile. Alt, who recently returned from a church-sponsored factfinding tour of Chile, stressed the need for an end to U.S. support for the brutal dictatorship of General Pinochet. The Guild's LATF also promoted campus awareness of U.S. complicity in the contra-inspired terror in Nicaragua. A month-long display in the Law Library highlighted the great strides in health care, literacy, and popular participation in the political process that have occurred in Nicaragua since the Sandinista triumph in 1979. The display contrasted this progress with the destruction of life and property caused by counter-revolutionary mercenaries in the employ of the U.S. taxpayer. The display was assembled from items collected by law students who had recently studied in Nicaragua. Richard Giacoma, chair ofthe LATF, encouraged Guild members to express concern to elected representatives about the nature of aid to the contras. In conjunction with the Buffalo Area Pledge of Resistance, the Guild and the UB Greens sponsored a mail-in campaign directed at Congressional repre- stitute (Managua). Both will speak on Thursday, March 26, in O'Brian Hall room 108 at 7:30 p.m. and again on Friday, March 27 at the Unitarian Church, Elmwood at West Ferry, at 7:30 p.m. UB Law Student Special .With Proper I.D. (21 & Over) |3 ■ _ 2 for DD \^^ \^^— U MOVIE IS FREE m^ T ■ i| C ■ - PLUS Complimentary Film Entertainment • | | - 3:00 5:00 1:00 3:00 Featuring Outstanding Food In 'Heterosexisf System questions and has in fact expressed wishes to be reunited with Ms. Thompson. Despite the frightening rami- by Kenneth Yood In November 1983, Sharon Kowalski was severely injured in a car accident. Now a quadriplegic, Ms. Kowalski is no longer able to take care of herselfand is therefore confined to a nursing facility. Following this crippling accident, a battle en- fications of the above for the rights of all the disabled, many of the leading disabled rights groups are shying away from the case due to the overriding issues of homosexuality. In Ms. Thompson's own words, "(The case of Sharon Kowalski] is establishing case law that could be used not only against gay and lesbian couples and unmarried heterosexual couples living together but against every single human being, as well. In one split second any of sued between Ms. Kowalski's father and her lover of four years, Karen Thompson. Since the accident, Ms. Thompson has been deniedall visiting rights to Ms. Kowalski and Ms. Kowalski has been moved to an inferior care facility by her father in order to further insure that Ms. Thompson does not have any access us could become Sharon Kowalski. We could be disabled through accident or illness, and this case could be used to take our rights away from us." On April 3, at 4:30 p.m. in O'Brian Hall room 108, Ms. Thompson will speak about her custody battle'for Ms. Kowalski and related issues facing nontraditional couples in today's heterosexist legal system. Ms. Thompson's talk is sponsored by the Law Students Civil Rights Research Counsel, the Gay Law Students Organization, the National Lawyers Guild, and the Association of Women Law Students. to his daughter. In an effort to strip Ms. Kowalski of all rights in the matter, her father and those representing him have consistently mis- represented Ms. Kowalski's medical condition. Ms. Kowalski has been described by her parents, their attorney, and the straight press as a quadriplegic totally helpless mentally and physically, totally incompetent, incapable of making any deci- sions for herself or communicating her wishes in any way. In contrast, there is docu- mentedevidence that Ms. Kowalski can respond coherently to • ■ ■ ■ ■ , continuedfrompage I ployee payroll deduction plans by large mainstream fund-raising entities like the United Way. The problem was designed to find some legal solutions to the arrangements monopolistic existing within the fund-raising sector. Black community. In fact, the issue of the moot court problem posed a timely question involving Black-controlled charitable organizations' ability to raise funds. This situation is exacerbated by the dominance of efficient fundraising techniques such as em- Becoming a Person ■ Latin and Third World heroes; that is, a power, control, cultural, economic, systems, in- stitution, program, process approach. At this point of the Im- mersion stage the person is able to begin to discard or seri- ■ ■ continued frompageS and the emphasis is cognitive and not biological. The person is now at least receptive to the critical analysis of the Puerto Rican condition from a cultural, political and socio-economic point of view. Accepted factors are incorporated and the person focuses or at least is now highly receptive to discussions and plans for action for the development (liberation) of the Puerto Rican community and the necessary transformations of the Puerto Rican lifestyle. Puerto Rican people at birth) Shows at 5, 7 & 9 p.m. Weekdays Additional 11 p.m. Show Fri./Sat. -SAT.&SUN-LUNCHEONI MATINEES 11:30 2:30 Fri. thru Mon. - Non-Traditional Couples wards reverse and racism or American thinking. The American man is humanized (painfully, American people are recognized as equal to ru.ESTAURANTJIr I mailboxes. ously question the simplistic components of his worldview, especially the tendency to- Week of 3/27 "Children Of A Lesser God" Week of 4/3 "Peggy Sue Got Married" U I "i^^iß — WJw C vfenemaPub £ff D P fijll fj/j^^S Clarence, NY Zuroski or drop a note in their Douglass Moot Court. drinks Faculty and Staff Also V:^ Welcome For Specials. E2 I sentatives from New York State. Thousands of anti-contra messages have been mailed from ÜB, according to Giacoma and Robbie Billingsley, who coordinated the endeavor. The NLG is currently planning to host a Nicaraguan soldier, Frank Serrano, who will speak on issues of conscription, contra violence, and health care. Serrano will be accompanied by Mark Cook, from the Central American Historical In- hilly. If you have any questions about the race, just ask Jack Luzier, Dave Gugerty, or John DRINK & FOOD SPECIALS J| Student Bar Association UB LAW SCHOOL DINNER-DANCE April 10, 1987 l_ L ■ L • :..i At Niagara Falls Convention Center Cocktails at 6:30 p.m. Dinner at 7:30 p.m. $11 Per Person Dancing and Cash Bar Semiformal Dress Until 12 Midnight All tickets must be purchased in advance. Tickets will be on sale April 1-7 in front of the Law Library. All faculty, staff, students and their guests are invited to attend. April 1, 1987 The Opinion 11 �ATTENTION: CLASSES OF 1987,1988 & 1989 I SAVE $100. j^fl I When you register early for BAR/BRTs 1987,1988 or 1989 New York, New Jersey, Massachusetts, Connecticut, Vermont, New Hampshire or Maine Bar Review. You get materials—NOW. And the nation s largest and most successful bar review course and you save $100 off the current price. The last day to save $100 off the price of your course is: H I 212/594-3696 201/623-3363 \S^^^Jl_l Head Rep. Head Rep. S. Stopler — H.Barry — Todd Bullard The Opinion April 1, 1987 Steve Ricca Colleen Rogers Debbie Rosenband Robin Rosenberg JenniferSanders JoelSchecter Evan Shapiro Leslie Shuman Karen Silverman Eric Snyder Larry Spiccasi SamSpiritos Bonnie Mettica Kevin Comstock « O »*^ /r_P^^B^^i**M!v^i' 2nd Year Reps. Vrt Ypar Rens " Bernettaßourcy Karen Buckley Robin Chekla Mary Comerford Nancy Decarlo Keith Fabi Tammy Gordon Paul Karp Katie Keib Jay Kennigsberg Alicia Lacappruccia JayLippman Dave Piatt Rickßesnick JSSi 1 617/437-1171 M ~i~~ ___________________________! 12 H Wednesday, April 22 . CoraAlsante Shari Berlowitz Mikeßiehler Festus Campbell Maureen Casey Melanie Collins AlDong Gail Ellington Susan Gass Susan Gigacz BobMcßride Joshß. Rosenblum Lisa Strain ScotThurman JimTierney Christine Tsai Debbie Dewitt Walker John Williams Dana Young Carol Livsey Ist Year Reps. Derek Ak.wum. Arlyn Goldberg DaveQuinn Charlie Favata Ben Bruce TonyParlato Dan Schwartz ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1987-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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Since 1972 Filvaroff had been teaching at the University of Texas at Austin Law School, where he concentrated in civil rights, constitutional law, prisoners' rights and legislation, among other things. A magna cum laude graduate of Harvard Law School in 1958, Filvaroff went into private prac- tice for four years in Cleveland, Ohio. In 1962 he began working in federal government jobs. His first federal position was as clerk to United States Supreme Court Justices Frankfurter and Goldberg for the October term, 1962. He later spent time as special assistant to the United States attorney general. Filvaroff also served as general counsel to the President's Council on Equal Opportunity. While teaching at Austin, Filvaroff found time to pursue outside projects. He worked with the Texas legislature on penal reform and held positions with the U.S. delegation to the conference on security and cooperation in Europe, which dealt with furthering the principles of the Helsinki Accord. There has been a very positive feeling around the law school since David Filvaroff was finalized as the choice for dean. According to second year student Kyle Maldiner, one of the representatives on theDean Search Committee, which was responsible for finding Filvaroff, the new dean is very concerned with student needs and interests. Although he has been split- ting his time between New York Law School and Buffalo, Filvaroff had time to tour the law school with Acting Dean Wade Newhouse and other law school administrators, along with Voldemar Innes, vice president of University Services, and second year student Derek Akiwumi, vice president of the SBA. According to Akiwumi, Filvaroff is primarily concerned with establishing a sense of exclusivity for the law school. One of the new dean's foremost projects is the conversion of the basement of O'Brian Hall into a cafeteria which would be open to law students only. Filvaroff is apparently "willing to fight" for a cafeteria/ lounge area that would help develop a sense of cohesive- THE OPINION Volume 28, No. 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW ness within the law school. Another problem area which Filvaroff is prepared to tackle is the high noise level and presence of undergraduates in the Law Library. Although there are no firm proposals for reducing the noise level, Filvaroff would institute a policy whereby no non-law students would be allowed in theLaw Library during final exam week. The law school has found a dean who is willing to make some changes. He is dedicated to the idea of establishing a sense of exclusivity in the law school which would also benefit UB with respect to national ratings. Filvaroff is persistent and innovative, and according to those who have met him, he is "not going to be afraid to make some waves." September 16, 1987 SBPrePAsaiC CWdrknltincagzm harges by Vince Doyle After meeting with an administration official to discuss the controversial changes in parking policy, Student Bar Association President John Williams called the changes a "roundabout way to keep students from bringing their cars to school." Williams also called "absurd" the absence of representation from the Law School on the committee formed to examine the parking problem. Williams met last week with Dennis R. Black, associate dean, division of student affairs, about recent developments in the campus parking policy. The meeting followed the unveiling of the new pay parking lot in front of Fronczak Hall on the Amherst campus and published reports that the administration will implement a $10 registration fee for all who wish to park on campus. At the meeting, Black said the changes are being made according to the recommendations of the Parking Task Force. The task force, which was established last school year to look into the problems of campus parking, was comprised of representatives of various administration, faculty, staff and student groups. Williams questioned Black as to the absence of any representative from the Law School. Black replied by saying that the large number of student governments and groups means that only a few can be represented on committees such as the task force. Black also said a representative of one of the professional schools is always included on these committees. Williams, however, still maintainedafter the meeting that the representation of the Law School was inadequate. Williams noted that the member from a professional school on the task force was a student at the School of Dental Medicine, housed on the Main Street campus. "The absence of a representative from the Law School is absurd, it makes no sense to have someone from the Dental School on the task force," said Williams. "There should have been someone from the Law School or the M.B.A. program on the committee, someone who is from this campus." Williams also said the meeting left him with the impression the administration is trying to discourage students from driving to school. "It seems that the school would rather have us walk or take public transportation than drive," said Williams. "They seem to be trying in a roundabout way to keep students from bringing their cars to school, and if they are saying 'no cars' I wish they would just come out and say 'no cars.' " According to Black, more changes in the parking policy will be made, possibly as soon as next semester. Published reports have already indicated that the administration plans to impose a $10 registration fee on any driver who wishes to park Law School Enters Second Century by Daniel Ibarrondo women, blacks, Hispanics, single parents, foreign students One hundred years ago, the State University of Buffalo Law School opened its doors to eager students ready, willing and able to study law. Since 1887, UB Law has been making changes in the lives of Buffalo residents, New York State and the rest of the nation as well. Since its beginning as a local law school, UB Law today has a national character. The various changes in curriculum and theories about the law have shaped UB Law into a conglomerate of innovative ideas and concepts coupled with the traditional legal rules and reasoning skills. The law school has also benefited from the admission of and all other non-traditionalapplicants. The numerous backgrounds, experiences and geographic locations represented at UB Law has enriched the lives of the student body. UB Law has established a concern with law and social sciences that has increased since the 19505. Thus, UB Law students selecting careers in public-interest organizations is double the national average. About 57 percent of our law students enter private practice, which is close to the national average. UB Law School and the innovative institution that it's a part of has been a leading law school in administrative poli- cies and instruction. It was among the first law schools to develop a computer game course where students carry out roles of "attorneys" in a simulated trial, established the use of video for role play situations for negotiating contracts, argue an appeal or practice for an employment interview. The law school was also the first major public university to give full time faculty status to those teaching in the various clinical programs. The law school administration will be having guest speakers, dinner and cocktails as part of its centennial celebration. All students are encouraged to attend and participate in the joy and glory of this centennial celebration. anywhere on campus. Faculty and staff would have the option to pay a $25 fee and park in lots PSA, P6C or P7A. Those faculty, staff or students who want to pay a $100 fee would gain the right to park in preferred lots P4C, P7F and a portion of the new Fronczak lot. Black said that the only circumstance which might hold up the implementation of the campus-wide parking fees is the reaction of the various employee unions on campus. Several of the unions, including chapters of the United Uni(continued on page 11) Law School Newcomer Brings Diverse Experience by John J. Bonazzi George Kannar is the Law School's best-kept secret. He is a faculty member who joined UB back in January, yet is thought by many students to be a newcomer. He obtained his B.A. in 1970 from Yale College, after working as a reporter with the L.A. Times during "the Manson years." He then attended Harvard's graduate program in the history of American civilization, followed by three years at Harvard Law School. While at Harvard, he taught American history and literature. While in law school, he worked for Ralph Nader and the Newark, N.J. public defender's office during the summers. He also served as an associate editor at Parade magazine where, on special assignment, he traveled extensively in Africa, interviewing the prime ministers of South Rhodesia and South Africa. (continued on page 2) Inside ... The Bork Battle Guild Perspectives SBA Briefs . ... 2 2 4 �Bork Nomination: What the Battle is About by Zulma Bodon Much has been written about the nomination of Judge Robert Bork to the Supreme Court. Little has been said, however, about the issue of whether the United States Senate should consider ideology and judicial philosophy as critical factors in the debate over Bork's nomination. Far right leaders are active in their efforts to persuade the Senate that the only legitimate criteria in evaluating Bork's fitness as a potential member of the Supreme Court is his "competence" as a jurist. No one should doubt that Bork will in fact pass this somewhat limited test: he has been sitting on the Court of Appeals for the District of Columbia since 1982, practiced law at Kirkland and Ellis, taught at Yale Law School, served as solicitor general of the U.S. and is author of "The Antitrust Paradox: A Policy at War With Itself" (1978). Obviously, Judge Bork's credentials are impressive. But, politics aside, his ideology and record justify a long, close questioning considering the pivotal vote he would represent on the court, not just for a few years but for decades to come. Here are some of the statements Bork has made concerning some very critical constitutional issues: ABORTION: "I am convinced, as I think most legal scholars are, that Roe v. Wade is an unconstitutional decision, a ... serious and wholly unjustifiable judicial usurpation of state legislative authority. I also think that Roe v. Wade is by no means the only example of such unconstitutional behavior by the Supreme Court." (From testimony before the U.S. Senate on proposed Human Life Bill, 97th Congress, 1 st Session, 1981.) .. . RIGHT TO CONTRACEPTION: "The privacy notion (upon which the right to contraception is based)... has little to dowith the intent of the framers (of the Constitution). "The Griswold decision has been acclaimed by legal scholars as a major advance in constitutional law, a salutary demonstration of the court's ability to protect fundamental human values. I regret to have to disThe Griswold opinion agree fails every test of neutrality (It) is an unprincipled deci-. sion ." (From "Neutral Principles and Some First Amendment Problems," 47 Indiana Law Journal 1, 8-11.) GAY RIGHTS: "We would find it impossible to conclude that a right to homosexual conduct is 'fundamental' or 'implicit' in the concept of ordered liberty We conclude, therefore, that we can find no constitutional right to engage in homosexual conduct and that, as judges, we have no warrant to create one." {Dronenburg v. Zech, 741 F.2d 1388, 1396-97, D.C. Cir. 1984.) AFFIRMATIVE ACTION: Bork has questioned the legality of affirmative action preferences .. . . . .. for minorities: "Justified neither by the theory that the (fourteenth) amendment is problack nor that it is colorblind, (the Bakke decision) must be seen as an uneasy compromise resting upon no constitutional footing of its own." (Wall Street Journal, July 21, 1978, p. 8.) PRAYER IN THE SCHOOLS: Generally, Bork has upheld legislation if the language of the statute does not specifically violate the Constitution. Bork is believed to favor more government accommodation of religious practices. SEXUAL HARASSMENT: In a 1985 dissent Bork said that applying civil rights laws' protection against sexual harassment would mean that "sexual dalliance, however voluntarily engaged in, becomes harassment whenever an employee sees fit, after the fact..." Bork claimed that harassment by bisexuals would be legal because "insistence on sexual favors would apply to male and female employees alike." And, "... perhaps some of the doctrinal difficulty in this area is due to the awkwardness of classifying sexual advances as 'discrimination.' Harassment is reprehensible, but Title VII was passed to outlaw discriminatory behavior and not simply behavior of which we strongly disapprove." (Vinson v. Taylor, 706 F.2d 1330, 1985.) EQUAL RIGHTS AMENDMENT: "The amendment didn't . say that Congress shall have the power to provide for sexual What it equality in all cases said was 'Judges shall have power to decide what sexual equality is in all cases.' " (USA Today, July 2, 1987, p. A 2.) MARCHES AND DEMONSTRATIONS: Bork has upheld limitations on the right to demonstrate in front of foreign embassies. This decision was "... based not on the need to protect the embassy's security but on the more amorphous need to prevent affronts to the 'dignity' of the embassy ..." (Dissenting opinion of Wald in Finzer v. Barry, 798 F.2d 1450, D.C. Cir. 1986.) FIRST AMENDMENT PROTECTION OF SPEECH: "Constitutional protection should be accorded only to speech that is explicitly political. There is no basis for judicial intervention to protect any other form of expression, be it scientific, literary or (other)." (47 Indiana Law Journal, 1 at 20.) A SURE VOTE FOR BIG BUSINESS: "In modern times the Court... without Supreme adequate explanation has inhibited or destroyed a broad spectrum of useful business structures and practices. Growth by merger with rivals is practically impossible." (Bork, "The Antitrust Paradox: A Policy at War with Itself," New York: Basic Books, 1978.) Clearly, Bork's positions on these issues show thathe is too radical and that he would there- fore push the court too far to the right. His opinions as a judge are view that the courts are not the proper forum for protecting civil rights and civil liberties, they also reflect his judicial and not only consistent with his ideological view that the Constitution is a static instrument rather than the living document it is. It is this narrow perspective which threatens to destroy a balanced court. Bork's supporters would argue, for example, that since the right to privacy is not explicitly mentioned in the Constitution its framers did not intend to include it as one of our most fundamental rights. The truth is that what the framers feared was the tendency ofgovernments to grow in power and to suppress the liberties of the people. They provided, therefore, for a division of power between the three branches of executive, leggovernment islative and judicial. This concept of checks and balances provides ample support and legitimacy to the proper role of the Senate to ensure a sense of judicial and ideological balance in our highest court. The Senate, therefore, should conduct a complete and thorough examination of Bork's ideology because, in the final analysis, this is what the battle is really about. It is absolutely critical that judges on the Supreme Court continue to represent a balanced point of view. — Guild Readies Itself to Oppose Bork, Contra Aid by Andrew Bechard and Molly Dwyer The National Lawyers Guild is a nationwide alternative to the American Bar Association and its centerist, non-progressive perspective on the law and the legal community. The Guild was formed in 1937 to provide attorneys with a membership association which opposed the conservative and racially segregated American Bar Association. At the time of its formation, the Guild actively supported the legislation of the New Deal, helping to win many advances for labor, the unemployed, and other working people. Since formation, the Guild has provided legal support to virtually every progressive struggle in this country for economic, social and political justice: from the labor movement in the 30's and 40's, the fight against McCarthyism in the 50's, to the civil rights, antiwar and women's movements of the 60's and 70's, to the antiintervention, anti-nuclear and gayrights movements oftoday. "Guild Perspectives" will be a regular column devoted to issues of national or local interest that the Buffalo chapter of the Guild is working on, organizing for, or interested in. The Buffalo chapter is a comparatively young chapter; in 1974 Guild members (such as current National Guild President Haywood Burns) came to Buffalo to defend prisoners accused of participating in the 1971 Attica prison rebellion. In the process a Guild chapter was formed, and after the trials 2 ended the chapter continued on. The Buffalo chapter of the Guild strives to provide a forum where all members of the legal community can get to know one another. We provide an opportunity to discuss political-legal issues of importance to the ongoing struggles for economic democracy, social tolerance and political justice. The Guildallows all members of the legal community to become involved in its discourse and decision making not just bar-admitted attorneys or law students. In keeping with anti-elitist, non-hierarchical and democratic standards, jailhouse lawyers, legal workers, and law students as well as attorneys can become Guild members. There is even a catch-all category for an all-inclusive membership called "friends of the Guild." For those of us who are law students, the Guild provides an opportunity to do progressive work, as well as to address issues of law which may not necessarily be covered by the law school curriculum. Some of the major Buffalo Guild projects of the past have been: a community law school outreach project, numerous film series on labor and international human rights issues, a labor conference, and always a neverending stream of speakers and presentations addressing Guild issues. Our most active ongoing project is the Prison Task Force (PTF). The PTF conducts a program on legal research and writing for inmates at Collins Correctional Facility, and utilizes Guild members and other The Opinion September.16, 1987 — volunteer law students to facili- tate the lectures and small group teaching format. You do not have to be a Guild member to volunteer to assist in the PTF. If you are interested at all in criminal law, prisoner rights or the correctional system, a trip to Collins (a New York State medium correctional facility) is an excellent way to experience and familiarize yourself with the varied issues of discipline and punishment. Other Guild projects that were active last year were the Latin American Task Force, the Labor Task Force, and a Women's Rights Task Force. There were presentations and films about Chile and Nicaragua, as well as informational tabling on the war in Nicaragua and fund raising for a Nicaraguan medical relief fund. A successful fund-raising ef- fort was begun for Haven a Buffalo batteredwomen's shelter. Informational tabling was also done on the ongoing flight of Trico Inc. (an auto wiper blade manufacturer and major Buffalo employer) to new production facilities in Mexico. House, We are hoping that all of the task forces that were active last year will do even more this year. With an increased budget allocation from the Student Bar Association we are hoping to take on even more campaigns and issues. What we need are progressive law students with ideas, imagination, and energy to keep Guild projects growing and expanding, and we look to you for assistance. The first major Guild project of the fall will be an informational tabling and letter-writing/ petition campaign on two issues. First, to stop the appointment of Robert Bork to the United States Supreme Court, and second, to thwart a renewed effort by the Reagan administration for new contra aid for the 1987-88 fiscal year. The present fiscal year ends on September 30 and that is when the administration is ex- Kanner from page I After law school, he was the pro se law clerk for the Second Circuit, dealing with civil rights and constitutional cases. In 1978 he joined the ACLU, where he remained for eight years. At the ACLU he was a Karpatkin Fellow, one of three lawyers running the Supreme Court litigation docket. He was very busy in that role, as the ACLU is thesecond most frequent Su preme Court litigator. He was actively involved in the successful U.S. v. The Progressive litigation, a major first amendment case regarding government suppression of an atomic bomb secret story. - In 1984 he took a leave of ab- sence to serve as the associate director of the Democratic Platform Committee and was in- volved in writing and presenting the platform at the 1984 convention. After the convention, he joined the Mondale campaign as the domestic policy coordinator and was also responsible for criminal justice policy. In January he joined the UB Law School faculty. He taught evidence last semester, and is pected to make its push for $150 million in new contra aid. We need your help and participation. If you are interested in assisting on any of these projects or feel that you need more information on these issues, please stop by Room 118 in O'Brian Hall and someone will assist you. Next Week: More on the "Just Say No to Bork" campaign and contra aid. currently teaching criminal procedure and a seminar in law and national security. Next semester, he plans on teaching federal courts and a seminar dealing with the jurisprudence of the Cold War. His published works have focused mostly on the history and institutional operation of the Supreme Court, civil rights, and criminal justice issues. Prof. Kannar is very happy here at ÜB. He thinks the school is "terrific," and sees the students hereas being theprimary reason why. "I feel that the admissions process does a good job of selecting students with ideas, as opposed to those who emphasize rules. That goes double for the faculty," commented Kannar. He sees more openness to new ideas here than what he was used to elsewhere, and views students as "mature and intellectually very secure." He invites students to comment on his classes and other issues, asserting that he is "more interested in negative feedback than positive feedback." It should be interesting to see if students take him up on that... �Expert Bar Review Where You Want It Egk • 0 y j » L / a hbbm Over 100 Centers Nationwide Offering Proven Preparation For The Bar Exams Of: California Colorado Florida Illinois Connecticut Maine Dist. of Columbia Maryland Massachusetts Michigan New Hampshire New Jersey KAPIANSMH mSTANLEYH L v BAR REVIEW SERVICES k JV representatives David Fretz Deborah Morel Krista Hughes Leslie Greisner Greg Maxwell Michael Lamica New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia See yourCampus Rep, orcall: s BUFFALOAREA '-'r 1330 Niagara Falls<%^ Blvd. Tonawanda, New York 14150 (• IO) 037*0022 I — ©1987 Kaplan-SMH September 16, 1987 The Opinion 3 �by John Williams B SBA riefs In the past it has been a tradition for the president of the SBA to write a column for The Opinion so, in keeping with tradition, this is my attempt to make the student body aware of some of the issues that the SBA will be faced with this year. First, I think that it is important that we try to work towards changing the course selection for the upcoming semester. Many students have expressed an interest in taking what some would call "traditional" classes such as anti-trust and estates and trust. This will be one of the first issues we will take on in order to avoid administrative responses such as, "It's too late to change theschedule" (no offense to Dean Newhouse). Second, at this point in time we have no real evaluation of the new dean. Only one officer has met him to date. We plan to invite him to an SBA meeting in the near future where interested students can come and listen to what he has to say and ask questions. Third, the SBA will come up with a final resolution about the JAG Corps. For those who are not familiar with the JAG situation, the JAG has a policy of not hiring gay individuals and it is important thatthestudent body come to some uniform resolution about this topic. Last year the SBA did vote not to allow the JAG to recruit on campus but to date CDO has made no decision to adhere to the vote of the SBA. This year we have to see to it that the law school takes a uniform stand on this issue. Fourth, the SBA would like to acknowledge the lOOth anniversary of the law school. We feel that the (lack of) student involvement in this event is appalling. Forsome unknown reason the committee in charge of the celebration, predominantly alumni, chose to overlook the students who are presently attending U.B. Law. No students, to my knowledge, served on thecommittee. There has been no indication that there will be affordable activities at this law school. The event that they have planned for the weekend of September 12 was clearly not intended for Parking AgeBndCAaS:ulrcstio, JG the average law student. It's unbelievable that they would think that we could pay $45 for dinner. Finally, I thinkthat it is important to mention the parking situation, particularly for the first year students. I hope that second and third years realize that for as long as we attend this law school there will be a serious parking problem. What we can do is just keep applying pressure; eventually we may realize some gain from it, but at most a marginal one. It's just one of those unfortunate incidents of being a student at Buffalo. What everybody must realize is that it is also the duty of the student body to inform us of issues that they think the SBA should be working on. These issues can be communicated to us by contacting one of the of- ficers or a class director. In the near future there will be a spot for agenda items located in the mailroom on the SBA bulletin board. Please place possible items for discussion one week in advance of meeting days (these will be determined in the upcoming weeks). When placing items on the preliminary agenda, please leave your name, phone number, and box number. I would like to remind everyone that the class directors will be chosen today and tomorrow and it is your duty to vote for people to represent your class. A special message to third years only one person handed in a petition for third year director. You should ask yourselves what this says about your class. Write-ins are acceptable. — Life, the University and Everything by Daniel Ibarrondo I could hardly believe that I was back and eager to study law again. Gone were the last few days of August where I left my lifestyle as a bohemian beach bum on the shores of Martha's Vineyard. Nevertheless, it's good to be back at UB Law with all the wonderful teachers, students and staff. The first two weeks were interesting, seeing all these eager and anxious law students buying books, supplements and worrying about exams. I happened to be walking by the library one day when I saw two first year students sitting on the bench. I knew they were first year students because of the bags under their eyes, their droopy shoulders from carrying books, hair strands out of place, and legs that refused to walk anymore. I found out upon introducing myself that they were indeed first year students. Genie and Brandy (the names have been changed to protect the innocent) were scolding themselves for having wanted to study law. I was amazed at their intelligence at being able to recognize that law school is not college, or anything elsefor that matter. I agreed that the first year is not anything close to being in heaven. While Genie was complaining about the lack of sleep, Brandy, as if she just went through an enlightened awakening, murmured through her tired mouth (apparently a side effect of the socratic method), "At least I have the option of marrying a man who would take care of me." Without entering into a conversation of the social implications or myth of her comment, I realized that I have just witnessed the beginning of what's going to be a social transformation in the lives of people like Genie and Brandy. I remembered the days when I entered law school and actually thought that jurors listened to the facts, evidence, etc.... and applied the law accordingly. Law school is a great learning place. You will grow, laugh, learn, cry, cry and cry, but in the end you will rejoice, help others and moan, moan and moan. If you're tired of living thefast life, eating in good restaurants, disco dancing till the wee hours of the morning, and enjoying your weekends, then welcome to Buffalo and UB Law School. Consider it a resting place for your hormones, heart beat and adrenalin. Conference Examines Race Issues by Daniel Ibarrondo While the nation celebrates the 200th anniversary of the U.S. Constitution, the National Conference of Black Lawyers Massachusetts Chapter held a conference on "The Constitution and Race: A Critical Perspective" from September 11-13. The conference examined the historical forces which shaped theConstitution's treatment of race and slavery. The questions raised on this topic were important not only because they presented a much needed balance to the celebrations, but also because the an- - swers will inform the work of progressive lawyers and activists dedicated to the fight for a racially just society. The highlight of the conference was the "Constitutional Convention" during which participants considered proposed constitutional amendments designed to address the longstanding inequities in the social, economic and political status of people of color in this country. Some of the proposed constitutional amendments were on reparations (compensation for past injustice), revision of the 14th Amendment, economic rights (the right to employment) and political rights (the guarantee of repto resentation numerical minorities). UB Law School, in its commitment to non-traditional law students, provided transportation and conference costs for five members of the Black Law Students Association to attend the conference at Harvard Law School. Some of the guest speakers were Professor Derrick Bell of Harvard; Margaret Burnham, Esq.; Professor Haywood Burns, Dean, CUNY Law School; Lennox Hinds, Esq., Stevens Hinds & White; and Chokwe Lumumba, Esq. Recruitment 4 The Opinion September 16, 1987 �II cmamicl law outlines j£S ■ ■ Steven Emanuel, the guiding force behind emanuel law outlines, has purchased the J/K Bar Review Course (BRC) and the Sum & Substance books and tapes from Josephson/Kluwer! Jfc « mm JlgL. BOOKS & CASSETTES W Come under the emanuel umbrella! Contact your campus rep to get the details! oiwsiancey rkAh^ 1 emanuel/BRC ' / For more information, contact your emanuel/BRC campus representative or our local office: EMANUEL BAR REVIEW, INC National Headquarters 1865 Polmer Avenue lorchmont, NY 10538 1-800-EMANUEI (914)834-7546 Northern CA 129 Hyde Street Son Francisco, CA 94102 I -800-EMANUEI (415)776-3202 Southern CA 10101 W. Jefferson Blvd. Culver Cry, CA 90232 l-800-EMANUEI (213)558-3100 Michigan Northlond Towers West #501 15565 Northlond Drive Southfield, Ml 48075 1-800-EMANUEI (313)559-7606 MbmMota 1821 University Avenue, #331 St. Pool, MN 55104 1-800-EMANUEI (612)644-6070 September 16,1987 The Opinion 5 �Commentary '' ©PINION " "• " Volume 28, No. 2 Law School Intimidation Ritual , — Starts us on 'Perilous Journey fiSEI STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW f- September 16, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Features Editor: Business Manager: Photographer: by Tom Gagne Zulmaßodon Daniel Ibarrondo Melinda K. Schneider Joseph Conboy Contributors: Idelle Abrams, Andy Bechard, John Bonazzi, Susan J. Clerc, Vinnie Doyle, Molly Dwyer, Tom Gagne John Williams. © Copyright 1986. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. T7k Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials Just Say 'No' to Bork! The nomination of Judge Robert Bork to the Supreme Court is the greatest threat to civil rights and civil liberties in 30 years. His views of the Constitution and the Bill of Rights are out of touch with a growing and changing nation. With Bork being the third Reagan nomination to the Court, there is a serious threat of a solidified conservative majority on the bench well into the next century. The views of this majority will endanger recent hard-won battles in the areas of civil rights, affirmative action, women's and gay rights. What is at stake is the ideological balance of the Supreme Court and how it may rule in the coming decades. Bork favors limiting the Court's role in protecting individual rights; he holds a very restricted view of the First Amendment; he has denounced Supreme Court decisions applying the Fourteenth Amendment's guarantee of equal protection of the laws to women and minorities; he rejects our constitutional right to privacy, and would permit the government to intrude on the most personal aspects of our lives. What the Supreme Court needs is a justice with a more centerist ideology. Bork's right-wing theory is where his nomination will fail. Joseph Biden, (D-Delaware), chairman of the Senate Judiciary Committee, and various other senators have made it clear that Bork's ideology, as well as his academic and judicial credentials, will be carefully scrutinized. We believe that such a strictevaluation is necessary and prudent in assuring a balanced court, and the progressive evolution of the Constitution. Could there possibly be another cultural ritual as malarky-laden as beginning law school? It seems that no matter a school's commitment to cooperation and frank and open consideration of the law (and I'm speaking here oflaw schools in general), students still somehow feel compelled to gullibly swallow and dutifully regurgitate dozens of stories of rabid professors and mystical material, impossible workloads and horrific dropout rates. What happens to these otherwise rational and competent people once they hit law school? What turns these otherwise confident individuals into anxiety-ridden purveyors of doom? It can be nothing less than the traditional donning of the attorney's bi-tonal beanie of fear and intimidation. Now there is little doubt that some professors tend to place a rather heavy foot on the pedagogical pedal. Just as there is little doubt there exists a multitude of ways to succeed in law school, indeed, an entire publishing industry has arisen devoted to just that end. But these realities have little to do with the purpose behind the beanie and why many of us so uncritically continue to scare and be scared. Honestly, would any of us have come this far to be done in by prosaic research problems, heavy workloads or the occasionally disgruntled professor? Hardly. The fear and intimidation we feel and help to nourish is largely an unconscious, learned response foisted upon us by the entire legal structure of this country. From the absurdly adversarial design of the LSAT, to the stories of hordes of unemployed attorneys, to the very real and keen competition for jobs and partnerships in New York and elsewhere, law in this country is meant to be perceived as a tough, possibly perilous undertaking. To what ends the fear and intimidation? As Mr. Steinfeld so trenchantly pointed out during orientation, intimidation and fear are tacitly encouraged by the legal community as a means of insuring future submission to authority. I would like to add that the authority could be public or private, wealthy or not. One of the results is that we, as newly minted lawyers, are so grateful for having survived the law school dragon that when we do eventually land a job, we'll be all that more reluctant to challenge the dominating ideas (read, personality/ies) of the concern for fear of "rocking the boat" and endangering our hard-won positions. This submissive psychology also works to insure a certain martial adherence to discipline and rank, so seemingly necessary to thebusiness world. Ever wonder why employers choose the terms "welcome aboard" to welcome you to the firm? Consciously or not, they want you to believe thatyou have enlisted on the good ship "Law Firm" and that you had better begin behaving like they do in all those John Wayne naval adventure movies if you wish to survive. Leaving aside the reasons for this chronic "power play" mentality of law firms, all this psychological subterfuge may not, on a larger scale, be such Commentary . Apathy at the Law School Once Again ... Once again it is time to haul out the Bender's Legal Forms and find the one entitled "Editorial on Student Apathy." It is then only necessary to plug in the appropriate specifics. The last apathy editorial was written on the occasion of the SBA elections last were spring. Then, two positions secretary and treasurer completely uncontested and the vice presidential race was made interesting only by the entrance of a last minute write-in candidate. The presidency was the only office that was seriously contested. This semester we will be voting for SBA class directors the six people from each class who will represent student concerns to the Executive Board. The candidate list represents a clear increase in apathy and cynicism over three years of law school. Thirteen first-year students are battling for their six positions while only five second-years are running for theirs. In the third-year class only one student actually took the time to solicit the 20 or so signatures necessary to complete his petition, and one other student has indicated her desire to run as a write-in. The makeup of the ballot for this election is both an indicator of growing student apathy and a revealing view of the entire law school experience. We enter law school planning to save theworld but become disillusioned and convinced that we are essentially helpless and ineffective. SBA has the capacity to be more than the law school's main social committee. With concerned individuals occupying the senatorial seats, SBA can take an effective stand on issues of parking and class selection. It can reinforce its position regarding the JAG Corps and very possibly have an impact on ending discrimination against homosexuals at UB within the SUNY system and across New York State. Perhaps this is an idealistic-sounding notion, but a student government which is solidly backed by a concerned and caring student body can potentially wield a great deal of power. Nevertheless, we can complain about lack of parking or inadequate course offerings, but the administration cannot be expected to take seriously a student government which is itself a blatant example that the majority of students do not care enough to take part in the fight. There is one second-year seat open and four third-year seats. They must be filled, and they will have to be filled by write-in candidates. Please vote and consider carefully whom you write in. You can make a difference by making SBA a strong forwardmoving force. — — — 6 The Opinion September 16, 1987 Not Tonight, Honey. Quick, pass the Tylenol. Extra Strength Tylenol, that is. You see, I'm a veteran of the UB Law School registration process and, to quote the Florida Department of Tourism advertising campaign, "I need it bad. Mom." The registration process has always been the target of much student dissatisfaction and dis.pleasure. So, the folks on the third floor will probably roll their eyes upon reading this. But the past three weeks of frustration and aggravation demand that something be done about this annual rite of neurosis. What follows are one student's thoughts about the system, as well as some suggestions: Less Than Four Classes Whatever else is done, one thing must absolutely go: when a student who correctly fills out a registration sheet is given less than four courses, A & R should resubmit their sheet to get them four classes any four classes. The spectacle of students returning to school only to discover that they were registered for one or two or no classes is one that must not be repeated. Why should these poor students have to stand in line — — — .. and barter and beg just to get their basic load ofclasses when other students, who are simply trying to add another class, are closing out classes faster than those poor souls can add them? Spring Registration Registration for the fall semester should be conducted in the spring, so that students may confer with upper-level students about classes, instead of trying to decideclasses in the advising vacuum brought on by summer vacation. The advantage of this would be that studentscould deal with registration problems before leaving the area, allowing A & R time to find workable solutions to them over the summer. In addition, this would give the administration an entire summer to plan for the upcoming semester and deal with the problem of course supply and demand. More Information I am still in shock that A & R supposedly the control nucleus of the entire process doesn't have a clue at any time during the process as to what classes are closed, how many people are on the waiting list, etc. That is not just inexcusable, it is downright stupid as well. I propose that a system be established whereby as each student adds or drops a class, that — — a seemingly insidious idea. After all, we as future attorneys will possess perhaps the most potent tool for social change a working knowledge of the law. The American legal community is concerned with how wisely we use that power. This is not an ignoble concern. Highly intelligent and persuasive persons in the past have brought their nations to ruin partly because of unstable social structures. The logic runs that as long as change occurs in a slow, brooding and evolutionary fashion, we as a society will be less likely to make serious blunders. American legal institutions believe that as long as its constituents think that there are individual and collective deterrents poised out there to check us if we raise too much of a voice (for instance, critique the type of clients private firms generally represent —rich, or the statutory bias toward a particular segment of society propertied), then the legal status quo will remain relatively the same. That is, the conservatively evolving entity it has historically been. On the other hand, these scare tactics we are now experiencing and fostering and which we will experience and foster in the future could be detrimental to the timely evolution of the law. If we are too afraid to act often enough, how will the law in this country keep up with the scientific and social upheavals we encounter every day? Perhaps we have entered a period that requires boldness instead of fear, intrepidity instead of intimidation. — — by John Bonazzi is recorded on a table which would display to students the current status of each class. This could be done by computer (no, please, not another computer!) but probably the best way is to have student volunteers, sitting by a table adjacent to the A & R window, chart the number of students in each course as students drop/add. Students in that l-o-n-g line could thenreview this information prior to (finally) getting to the window to inevitably have their own request rejected. Student Advising Students need to develop a service in which upper-level student volunteers have office hours to advise other students on course selection, professors, etc. This will go a long way towards filling the information vacuum which presently exists. As I said, this is up to us students, not the administration. SBA, are you listening? Forced Registration If I see another stupid green card This system needs to be scrapped. If the administration adopts the proposal to allow students to help with the process, they can also allow them to keep official waiting lists by which a student is automatically added to the course as another drops. (continued on page 9) . �SBA ELECTIONS Third Year Director Candidates ANDREW BECHARD ,JL Third Year Director As most of you probably remember, I ran an active campaign for Student Bar Association president last year and lost by only 10 votes to the nowpresident, John Williams. Third year students who were aware of the campaign last year know which of the student issues I was concerned about and campaigned on, but I will quickly reiterate them here. My major issue was and still is thatthe SBA should be a progressive, active force trying to effectuate important change in student life and the operation of the law school and the university. The SBA has begun a tradition of law student activism and we cannot let that tradition fade away. The SBA should work in coalition with the Graduate Student Association and Undergraduate Student Association in taking strong, active, and vocal stands that are affecting student life. Parking is a perfect example of a university-wide issue. This is a state institution that up until last year had free and open parking in all lots with no lots being reserved for only faculty and staff. Students should not be discriminated against for an ability or inability to pay for a place to park their vehicle. Star Wars research should not be happening at UB not only because it is defense work but because its classified nature is at conflict with state university guidelines for open and accessible research information requirements. Issues more relevant for the law school are the need for more affirmative action for women and minorities in faculty and staff hiring. The Judge Advocates General Corps (JAGCorps — the legal arm of the U.S. armed forces), is not an equal opportunity employer because of its discrimination regarding sexual orientation. The SBA needs to show a solidarity with the gay community and require the Career Development Office not to allow JAGCorps to interview on campus. The Student Bar Association needs to be a strong, activist voice in the law school and in Second Year Director Candidates JL JOHN BONAZZI Second Year Director I am interested in being a class director because I feel that I can make a positive contribution to the school, as well as because I feel that I have some good ideas and can make a difference. An area of great concern to me is the registration process, which seems designed to maximize frustration while minimizing efficiency. I'd also like to continue my work on the Academic Planning and Policy Committee, and address questions which were not addressed last year. I believe that getting SBA involved in some of these areas can be quite helpful, and I could coordinate such efforts if I were elected to the SBA. ' This year happens to be the anniversary of two dates very important to this school. Itisthe lOOth anniversary of the law school and the 200th anniversary of the Constitution.I would like to see the SBA become much more involved with these events than is presently planned. I will work to get the SBA more involved. Another issue that needs work is the parking mess. It seems to get worse, with Stevie Sample hell-bent on infuriating students with his offensive display of parking-issue arrogance. They went from noplace to park to no place to park with 500 empty, high-priced slots nearby. Makes sense, huh? However, I don't think anything short of anti-psychotic medication is going to get Sample to change his thought-disordered mind. That doesn't mean we can't try, though. — — Lastly, I would try to work with first-year students to have the format of Research & Writing changed in the first semester, now that we have data identifying perceived problem areas. That I would also work for social activities goes without saying. Well, that's what my agenda is. I hope that you will sanction it by marking an "X" next to John Bonazzi on your ballot. I look forward to working in your interest. Thank you. SUSAN MACHELOR Second Year Director My decision to be a candidate for Student Bar Association class director is one to which I devoted a good deal of thought. The following are my conclusions. An effective director must be concerned with the interests of the student body that she/he represents, be willing to devote time and energy to those interests, and believe that she/he can effect change. This last element, I believe, is essential because it distinguishes those who view the Student Bar Association as an ineffective, its powerless organization only benefit derived from resume impact from individuals who regard the SBA as a forum for accomplishing real objectives. The Student Bar Association has the potential to influence many aspects of our law school experience. Its functions include allocation funds to special interest groups, organizations and individuals, acting as a liason with school administration. Of course, we must not forget that the Student Bar As- — — sociation organizes and sponsors those wonderful parties. All of these activities enhance that which school officials provide to the student body. Problem areas that need attention include the current registration "process" (How about those A&R hours of operation during add/drop?); the notorious parking situation which has been aggravated by construction of a new lot for which students pay an annual fee of $100.00 to obtain the privilege of its use (Why not build a parking ramp? It certainly wouldn't harm the ambiance of the campus); and the course selection dilemma which could be sections of popular courses offered. I stated above that the Student Bar Association has the potential to influence change, but it requires work and people that are willing to make a commitment to transform that potential into results. I am one such individual and hereby present myself to you as a candidate for second year class director. Happy voting. JL. KELLY A. OMEL Second Year Director Welcome back! Now that you've finished begging to be let into classes in the hopes of making some semblance of a schedule, the time has come to elect your new Student Bar Association class directors. S.B.A. performs many important functions within the Law School, as well as the community. These functions include voting on matters of importance to the Law School; organizing committees for admissions, faculty appointments, etc.; and organizing social events. In short, class directors represent the students. I've chosen to run for various reasons. One is that I love school! I'm even crazy enough to consider making my career within a university. As a class director, I feel I can offer you fresh insight, enthusiasm, and dedication. Some of you have asked me what my platform is. Simply, it would be to represent ypur needs. As a representative, my actions would, for the most part, depend on your input. Many of you have already come to me with suggestions. One such suggestion was that social activities should be diversified. I agree. I know that many of you would like to interact with your classmates in settings other than that of a bar all the time. Events that S.B.A. has sponsored in the past, such as the Race Judicata and the Law Revue Talent Show, have been successful. I would like to see more of these types of activities. One common and obvious complaint that needs to be addressed is the state of the current registration procedures. Although I cannot promise to completely solve this problem, I can promise to do my best to improve the procedures. If elected, I would be receptive to all your suggestions and would do my bestto implement as many as are practical and possible. I would be honored to be a representative of our second year class. LISA SIZELAND Second Year Director There is a new dean coming and the S.B.A. must be a body the university if it is to be a releinstitution in improving student life. I hope you will support me in my run for a third year director position. vant JL MOLLY DWYER Third Year Director My name is Molly Dwyer and appreciate it if you vote would I for me as one of the third year SBA directors. Just write my name in on the ballot and I promise to dothe best that I can to represent you and the interests of our law school and our community. Thank you very much. That's M-O-L-L-Y D-W-Y-E-R. that ACTS RATHER THAN REACTS. When Dean Filvaroff arrives he will want to hear student input and we must takeadvantage of this opportunity to influence our law school's future. This is New York's only state law school and it must rightly take its place among the nation's finest. Issues There are several problems at this law school that a well organized S.B.A. can address: 1. Many of you were closed out of courses you needed to take. Should this be happening at a top law school? 2. An advisement system should be developed to guide students in their course selection. 3. The S.B.A. should articulate and actively implement its policy for faculty and course selection, emphasizing a balance between the theoretical and more traditional models of legal education. 4. Do you really know what the S.B.A. does? The S.B.A. must serve to inform students of their rights and responsibilities and organize to meet these needs. Action TheS.B.A. must serve as both legislator and judge. Its pronouncements must balance competing opinions in a responsible manner. With your assistance, I will make a difference by aggressively pursuing solutions to U.B. Law School's ' problems. I will listen and employ my good judgment, guided by my sense of student opinion, within the confines of my con(continued on page 9) First Year Director Candidates BILL BEE uL First Year Director The hard part about writing this has been the beginning. Knowing this was really thefirst time a lot of you were going to meet me, I wanted to have one of those good old-fashioned, dyed-in-the-wool, amazing opening lines. So I thought about it for awhile and decided to quote from one of the most famous campaign openers in recent history. "Hello, my name is Bill Bee, and I want to be your next president!" Then, of course, I realized: (a) I'm not running for president, and (b) in light of his administration, it might not be such a good idea to quote anything from that particular candidate. Anyway that brings us back to my search for a witty opening, but by now you are well into the article and therefore any opening line would be somewhat anticlimactic. . S-o-o-o why don't we dispense with the opening and get into why I think you should vote for ME!!! As we all know by now, the first year.is as hard as they said it would be. We are all just trying to figure out such exotic concepts like mens rea, specific vs. general intent, and just what does rule 11 mean? (And to all you section three types, will we ever learn what a contract or a tort is?) So why would anyone be fool enough to want the additional responsibilty of being your class rep on SBA? Well, to be completely honest, I can't help myself. I was so involved in student affairs as an undergrad that going to 10 meetings seems like a normal part of the academic week. There are a lot of things that affect our everyday lives that we have no power over but, as students, these things could become additional obstacles we don't need. For instance, now I love poor Bill Hart and I think he's doing the best job he can, but with the complexity and scope of the financial aid situation, don't you think it's high time we got a full time staff member to handle financial aid? Hey, let's face it, first year is tough. Why don't we start a law school "each one help one" program, where an upperclassperson could show the ropes to an underclassperson. So let's see, what else do we need to help our first year? We go to class all day then go home and read all night, just so we can go back to class to find out how much we didn't understand sounds stressful? You bet!! That's why one big function of SBA should be to provide a social setting forthe positive relief of stress accrued during the week. PARTY!!!! Hey, — who said law school couldn't be fun? I've tried to give you a little insight into where I'm coming from. I really believe that student government can help bring a big change for us, the students. We need to be the little voice the administration hears before they make thepolicy that totally disregards the students. After all, we pay tuition and things should work in our favor. I'd like to work to make sure the administration remembers that. Oh yeah, my name is Bill Bee and I'd like to be your first year class director. (continued on page 8) September 16, 1987 The Opinion 7 �First Year Director Candidates . . . . VANESSA BLISS First Year Director .JL, I, Vanessa Bliss do declare to be a candidate for First Year Director of the Student Bar Association. I have had many experiences in leadership posi- tions during my undergraduate holding these positions, I have learned to work effectively with the student body and the administration. I also volunteer for various local organizations and political officials. These experiences have sharpened by skills in communication with people and helped me realize that to be a leader, you must do everything within your power to serve the people you lead. The power of Student Bar Association is far reaching in that it affects everything the University has to do with law students. As a Director, I will be one of the voices of the first year class. It is important to me that the First Year class has reliable and fair representation when the SBA makes decisions concerning students. I am willing to do everthing within my power as a director to ensure that reliable and fair representation is before the SBA. I am asking for your support to elect Vanessa Bliss for First Year Director, SBA. If you have any questions, please feel free to leave a message in mailbox #21. Thank you. years. As a result of MARTIN COLEMAN JLFirst Year Director My first inclination to run for the position of SBA director came from a desire to maximize my input into the decisions that affect my life at this Law School. My second inclination would be to expand the role that SBA has in the political life of this school. What would that mean more specifically? For one, to gauge in some way exactly what do the students of this school want from their legal education here? If I am supposed to represent someone I first need to know what they want me to do for them. A questionnaire/survey addressed to all first year students would be the most logical way to do this. I intend to do just that if elected. Another way to expand SBA's role would be to expand contacts with other student governments on this campus. During the time I spent here as an undergraduate, I lamented the lack of cooperation between the Law School students and the graduate students and professional students, both of whom we share a lot in common with. We could co-sponsor events, organize joint sym- Thank you for your consideration. ANNE DOEBLER First Year Director I am Anne Doebler and I am running for a first year director position on S.B.A. Since I am a first year, I am not yet familiar with all of the issues, however there are a few things I feel are important. First I would like to see a law student lounge, to facilitate not only socialization but also to provide a place for academic discussion. Second, I realize that while academics are foremost in our minds, relaxation is its necessary balance. I would favor more S.B.A. sponsored social functions such as happy hours, open bar parties downtown, a Miss Buffalo cruise, casual Saturday volleyball tournaments, a tailgate party or maybe even a bus to see the Bills and I would always be open to new suggestions for social functions. The final issue is that of parking. I don't believe that there is any simple solution to the problem but there are steps that could be taken to make parking more bearable. Shuttle buses could run more frequently and their schedules could be better publicized, and a car pool bureau could be set up in an effort to reduce the number of cars on campus. As far as the issue of pay lots and registration fees goes, I am against them. I don't feel that advantages should be given only to those who can afford them or that we should pay a fee that would in part support the new pay lots, not to mention that this registration fee would in effect eliminateall free parking on campus. I am open to discussion on these or any other pertinent issues. KATHLEEN DOYLE ,JL, First Year Director My name is Kathleen M. Doyle. If elected as a First Year Directorfor Student Bar Association, I will devote as much time as possible to addressing whatever issues may arise. I think one area of concern which is already clear is the parking situation. Although I am not positive if there are any feasible avenues for change available, I think that Law students should have their own free parking lot. Another issue that should be addressed is the need to relieve academic pressures with a weekly happy hour. I don't presume to know all theissues that will be relevant to the S.B.A. But I can say that I will be open minded and available to discuss all issues that students may feel are important posiums, etc. asalyn Dubois -jl One pet project that I would like to initiate is to see if there First Year Director Hello, my name is Asalyn would be interest in opening up Dußois and I would like to be a a Native American Legal Studfirst year delegate to the Stuies Center here. I don't think dent Bar Association. there is a university better at"Why?" you may ask. Not betuned to developing such a cause I have a vast amount of program than SUNYAB Law School. experience serving as a representative, my experience is liIt is right up the alley for the mited to student councils in experimental milieu of the faculty here. There is a large conhigh school and college, and not because I think that my centration of Native Americans ideas are going to generate any from the Iroquois tribes right sweeping changes in the law here in Western New York and school, although anything that the American studies departis discussed I will represent the ment here already has a fine view of the first year students. Native American Studies comMy best qualification, by far, ponent to integrate with and build upon. is the fact that I am a first year Lastly, I just want to say that student experiencing the same I'll do my best to be an active academic and social challenges as all of the people I hope to representative in as democratic represent. a manner as possible. The Opinion September 16. 1987 8 This qualification is also the biggest incentive I have for representing first year students' opinions on issues because these decisions will also affect the quality of my educational experience here at UB Law, and just like my classmates I want this school to be a comfortable environment in which to learn. "Comfortable" can mean different things to different students, and the Student Bar Association is a way to generate these comfortable changes, be it talking with the administration to help solve financial aid problems, to alleviating the problems of parking, to talking with other students about the best time and place for the next party (a very critical aspect of anyone's law school career!).. My outspoken nature makes it easy for me to approach people, and by the same token, I hope people will not hesitate to stop and talk with me about any concerns they may have. Of course, after a whilethe conversation may turn to some of my favorite topics: photography, theater and dance, or current movies. In addition, if anyone has any questions about Buffalo or the Western New York area, like where to eat, shop, et cetera, I may be able to help you out. I have been making my home in Orchard Park, New York (home of the Buffalo Bills' stadium), so I am rather familiar with the area. Unfortunately, with the structure of first year classes I primarily know students in section 3.1 look forward to meeting students in sections 1 and 2, and I hope we all have a very successful first year! .JL, PETER FARRELL First Year Director Peter Farrell as First Year Class Director will make your first year of law school be the best that it can be. There haven't been that many opportunities to meet each other outside of class. The party last Thursday night at Molly's was the first chance for most of us to gettogethersocially. Student Bar Association funded parties such as these are an important part of a class directors function. They serve as an acquaintance period for new students and as a reunion for old ones. There should be as many as possible throughout the school year. As a class director, I would propose an intramural sports program exclusively for the law school. There would be competition within each section and the winners would play the other sections. This will allow each section to form a cohesiveness and also allow for an interaction between sections. It is important to know the individuals in our own section as well as those in the other two. Law school can be more than just a pure learning experience, and it should be. It's a cultural experience which should be exploited to its fullest. The more students that know each other the better for both us and the law school. It's up to the Student Bar Association to help achieve this goal by continuing to take an active part in the student body. My experience in undergraduate student government has shown me how vital student government can be to a school's environment. As class director I will continue to make the S.B.A. work for you. Vote for Peter Farrell on election day lAN FITZPATRICK First Year Director +. My name is lan Fitzpatrick. I'm a first-year student in Section 11. As one of your Student Bar Association Directors, I will push for the following: 1) A professional financial aid administrator. This law school needs a person who can devote his or her full energy to addressing the financial needs of the students of this law school. Many professional schools across the country provide their students with a full-time financial aid administrator. This law school desperately needs one. 2) Improved information resources. All too often, first-year and transfer students have a range of questions that need answers, but might not know from where or whom to get the answers. A useful solution to this problem would be the development of a law school resource handbook. Such a guide would be invaluable to students as they make their way through the law school's bureaucratic channels. In addition, this law school needs current brochures and application materials for those who apply to this law school in future years. This is a necessary tool in the competitive area of law school admissions. No applicant should ever receive dated and inaccurate information about this law school. 3)More social and educational programming. The social functions of orientation week allowed many to meet and to make friends. We need to carry that momentum throughout this year by having several social activities that would enable first-year students to make more friends as they have fun. In addition, I will push for educational programs involving students, faculty, staff and the bar organizations of Western New York that would increase our awareness of the law school community and of the legal profession. As the only law school in metropolitan Buffalo, we are the ambassadors of legal education for the region. Each of us has a responsibility to assume a leadership role by helping where we can make a contribution. We need to inform people about this law school and the opportunities for legal education here. I intend to do what I can to reach out to campus undergraduates and to traditionally underrepresented groups who are interested in attending law school. If you share some or all of these concerns, remember my name when you exercise your vote in the upcoming election. ,JL IVAN KHOURY First Year Director Ivan Khoury is a highly moti- vated individual that is cognizant of the needsof first year law students and is capable of rep- resenting his classmates as a director of the Student Bar Association. Even though the semester has justbegun, Ivan hasearned the reputation from his classmates of being fair minded and an advocate for such concerns as expanded library hours, to issues that include greater interaction and communication between law students of all sections and classes. Ivan is also a proponent of an adequate student lounge where commuters and resident law students could discuss and interchange views to further advance their legal learning experience. Being new ........ from page 7 to this area, Ivan is desirious of expanded information service so that students, like himself, can experience the cultural advantages that the Western New York area has to offer. As a graduate of New York University, with experience in student government which includes being co-chairman of the New York University Program Board, Ivan sincerely asks for the opportunity to be your representative on the Student Bar Association. DAVID LUCIANO UL First Year Director David Luciano brings to his first year law class a wide range of active student political experiences. These experiences are highlighted by being chosen for an internship by the Leadership Conference on Civil Rights. This honor took David to Washington, D.C. to lobby for the Civil Rights Restoration Act of 1985. Although a quiet individual, David is a combatant for those causes that are important to all factions of his class. Many of these issues are being presented by otherfine candidates, but David Luciano can not only articulate these issues but he can also take leadership on them. David is determined to enhance and make a contribution to his class, the Law School, and the legal education process. Please support David Luciano on Student Bar Association election day. TROYOECHSNER First Year Director W Well, the first thing I want to say is "parking". The bureaucratic bozos who built this place had as little common sense as they did asthetic taste. The solution is simple: build more parking space. Students have complained for several years, but theUB administration has channelled student criticism into meaningless task forces and committees. I've spent my last four years working as a community organizer. I learned that arguments and complaints are not always enough: we need to put direct pressure on the person responsible for granting our request UB President Sample. I'm pissed about parking and I'll work to put direct pressure on and I'll President Sample undoubtedly need your input and assistance. Among the many other issues I'd like to work on is maintaining and increasing access and quality of education at UB Law School. A good way to do this is for us to join the Student Association of the State University of NY (SASU). For fifteen years, SASU has effectively unified students throughout SUNY to keep tuition low, fight for students' rights, and increase financial aid as well as university funds for faculty and other quality improvements. In short, through SASU we can work to keep costs low and quality high at UB Law School. CHRISTOPHER REO ,JL. First Year Director The most important criterion for anyone seeking office as a Student Bar Association Director is commitment. We need people who will stand firm for all interests on campus and are willing to devote their time, energy and knowledge. I stand as a candidate ready to make this promise with the hope of making the SBA and the groups (continued on page 9) — . �First Year it supports a better funded, better respected and more in- volved organization. Having worked in the N.Y. State Legislature, the U.S. Senate and the Environmental Protection Bureau of the N.Y. Department of Justice, I have seen what effective government can do. If new ideas are offered generously and people are willing to workfor what they believe in, government can be a positive force in promoting the many diverse interests of the community it has been chosen to serve. A great part of my experience has come from within school government and charity organizations. As a Class Council and Students to Oppose Poverty Representative at SUNY-Albany, my main involvement was as an event and fund-raising coordinator. I learned that a few people can make a difference if their commitments remain firm, and if they receive community support. The issues within UB Law School are new to me and I don't feel qualified enough to make any promises. But, with your help, I will stand committed to know what these issues are and to represent the interests of first year students as well as theLaw School community at large. JUDIZIRIN First Year Director My name is Judi Zirin and I'm running for one of the six Student Bar Association First Year Director positions. Some of you 1987 2. DAILY NEWS Februay Monday. from page 8 may have heard me joke that I'm running on the "happy hour" platform. To be honest, that isn't far from the truth. In a demanding situation like law school it seems all too easy to become narrowly focused on one's coursework, to the exclusion of all other issues, interests and concerns. I think it's important to make law school a more comprehensive experience. The 5.8.A., through support of a number of special interestand student groups, helps make that possible. The S.B.A. seems to encourage student unity, as well, through parties and social events as well as basic advocacy of the student position in the Law School. At this point, a couple of weeks into the semester, it's difficult to be aware of all of the issues on which representation is useful or necessary. A few concerns, like parking and financial aid problems, have quickly become evident. As S.B.A. First Year Director, I would consider my most important function to be one of representation becoming aware of student concerns and working to improve them. Basically, I am interested in working with students and for experience rather thanthe humiliating "rite of passage" into the legal profession law school is sometimes seen as. I'd like your vote for S.B.A. First Year Director because I feel I have the insight, enthusiasm and determination necessary to meet the needs of our class in making law school the best experience possible. - Second Year Director Candidates science when addressing vital issues. Experience As an active member of the Law School Library Committee, I successfully prevented closing of parts of the undergraduate a move that would library have caused congestion in the law library. In college my peers named me student government representative of the year. Thus, I have many years of experience dealing with university bureaucracies, and making those bureaucracies respond to student needs. — GREGORY M. VINAL ,JL, Second Year Director I know that you have seen statements of student government candidates in both your undergraduate years and your first year of Law School, and even though you may have read them, you probably did not care, to any great extent, who won. I will keep my comments brief, in an attempt to avoid the flaws common to statements of this type. Let me just state that I am generally pleased to be a law student at U.B. I feel that the environment created by the students and the faculty's attitude toward teaching are first-class without being unnecessarily oppressive. This atmosphere is a valuable resource and Student Bar Association should strive to maintain it. While S.B.A. should address major external political issues if it is apparent that the stance is reflective of general student sentiment, S.B.A. can be most effective focusing on issues in- from page 7 volving the Law School and the University in which it functions. I cannot promise to implement any specific program, but I do plan to bring up some particular issues. Among them is some alternative source of books and improvements in the physical facilities of the Law School. Yet S.B.A.'s success is a function of your involvement. Generally, most students are "armchair prophets." They eloquently articulate what "oughttobe." I am willing to take one step further and occupy the office of class director, providing the legs of the ideas proffered by my class. Without your suggestions, my effectiveness will be limited by my capacity for innovation. I encourage you to vote for me and to participate actively in S.B.A. this year. Not Tonight from page 6 The student thenknows what place on the list he/she is, and can actually plan (a novel concept in UB registration) to add other courses if his/her place on the list is rather low. The benefit here is threefold. The student knows what's going on; the administration develops— apparently for the first time a sense of what is going on; and professors are relieved of the misery of dealing with those $&@!# forced add cards. I'll bet the profs will really go for that. — The Lines Any rational discussion ofthe registration process would be substantially incomplete without a plea to reduce that A & R registration line. To be more precise, that single, l-o-n-g A & R line. A & R can do one of three things: extend those meager A & R hours during the drop/add period, make two lines, or get another computer. Doing all three wouldn't hurt; actually, A & R could just get a loaner or rental terminal or two for two or three weeks. If the university wouldn't agree to this, the law school could then do what our profession does best: threaten to sue. Attitude I expect that when A & R reads this, they will have a classic bureaucratic response. Having heard complaints about their process each and every semester, they will see this as another complaint, and promptly file it away. However, the registration process is inefficient and changes are necessary. Nothing will change until they accept that last fact and act on some proposal, whether it is one of mine or one of theirs. I don't care which, just as long as they act. In sum, the present system can best be described by the word "schizophrenic." While it's tempting to scrap the whole shootin' match and begin anew, that really isn't necessary. By instituting these reforms, at least some of the more pressing problems can be addressed. Hey, it's a start. Long arm of the law board Law school grads grind for the big one By GAIL COLLINS DW New» Sun Wntar An unidentified student walked into the BAR/BRI law board preparation lecture at Town Hall the other day, flashed a "V" sign and then vanished, grinning, forever. NEWSPAR* PICTURE YORK'S NEW Thanks to a change of heart by law board graders, he and 29 other summer flunkees had been rescued from a winter of four-hour surveys of contracts, torts and suretyship. "Can you imagine that? It would be like winning the lottery—my God," breathed Fred Tecce. A recent emigre from Pennsylvania, Tecce is taking the boards for thefirst time this month, and thus has no hope of a last-minute reprieve. The Happy 30 missed passing the summer boards by a single question, and were salvaged by a persistent fellow victim who convinced the Board of Law Examiners that multiple choice question 28 had two possible correct answers. "It took me weeks to realize I wasn't going to have to take that test again—and that I would never have to sit through another rexriew lecture." said one of the 30, who is now tending bar and requesting anonymity. Wrinkled warriors Last Friday night, hundreds of less fortunate young men and women—dressed for success but wrinkling rapidly—were slumped in the plush red seats at Town Hall on W. 43d St, stoically contemplating the prospect of a four-hour review of the wonders of commercial paper. "This is terrible," said Janet Ramusack, 29, who had been napping on the shoulder of her seatmate, Phil Levine. "We knew each other before," explains Levine. "This is not a bar exam romance." Preparing law school graduates for the bar exam is a mini-industry. BAR/BRI, which rents Town Hall for its lectures, draws about 4,000 local customers a year for summer and winter sessions, at up to $825' a head. The winter classes, veterans say, are much bleaker than the summer ones. "They laugh at your jokes more in summer," says BAR/BRI director Stan Chess. Most winter students work all day, go to lectures all evening, and spend Saturdays at the office. "During the week we can only put in seven to eight hours a day, which is not enough for a law firm," said Ramusack. On Sunday, she added grimly, she returns to Town Hall to watch movies of missed lectures. The winter crowd's depressed mood is not improved by a heavy concentration of summer bar exam casualties. No one's, spirits appeared to be elevated by STAN CHESS lecturing law school grads preparing to take bar exam. the discount rates for repeat customers. "The last place they want to be Iβ Pieper's course," says John Pieper, who runs another popular lecture series. "It's almost like going to a 42d St. peep show. You don't want to be seen." To motivate the flunkees, Pieper says, he points out: "How fortunate they are. There are a lot of people who never got into law school." Sagas of students rescued from disaster or plunged into despair by errors in grading the law boards are a popular John rocmmly news up the victims. students had The scene, he says, was a cocktail party, where two Chess, whose students have included retired Weatherwoman Bernadette Dohrn (who passed the first time out) and Robert Kennedy Jr. (who didn't), says the very worst story about bar exams he ever heard happened in Vermont. ers for bar exam essay questions were having a casual psyching ("Those peaked.") (c) lawyers who served a* grad- conversation. "Suddenly one of them says: 'What do you mean 10is the high score and zero is the low score?" For five years, it turned out, he'd been grading every paper backward." 1987 New York News Inc. Reprinted with permission. topic at Town Hall these win- ter evenings. There was, for instance, the dreadful time a computer error was uncovered, giving 35 new people a passing score, and causing 26 others who thought they were already lawyers to flunk retroactively. "That was 1980—it was said Pieper. who had a lot of trouble ta/fc/jf September 16, 1987 The Opinion 9 �■ i J 1 ij J ij 11 i HgH * * * Pieper Reps * * * Thomas Colson Sharyn Duncan Terrance Flynn 10 William Grieshober Diane Harris Mary-Jo Herrscher The Opinion September 16, 1987 James McClusky Miae Park Martin Pekin Margarita Ramos Shelly Rice Susan Rogue Amy Sullivan Thomas Theophilos �The Moot Court Board, with the support of theBuffalo Law School Alumni Association, is proud to announce that theFirst Annual Charles S. Desmond Memorial Moot Court Competition will be held September 23 through November 7. 1987. Participants will be judged by distinguished members of the local bar, faculty members and Buffalo Law School alumni. The Board invites all second and third year students to compete in this pretigious intraschool competition. The dates for the Desmond Competition are as follows: Mandatory Organizational Meeting September 14 Problem Made Available September 23 October 23 Briefs Due October 24 November I Practice Oral Rounds Preliminary Oral Rounds November 2-4 November 5 Quarterfinal Oral Rounds November 6 Semifinal Oral Rounds November 7 Finals and Banquet Again, the Moot Court Board looks forward to meeting the participants and to an exciting competition. - Brian Michael Martin, Executive Director Susan Gigacz, Assistant Director Barbara Johnson, Secretary Cora Alsante, Treasurer Julie Freudenheim, National Competitions Director WORKSHOP ON Freedom of Information And Privacy Legislation In the United States, New York State & Canada SUNY AT BUFFALO Center for Tomorrow • Amherst Campus Friday, October 9,1987 1:00 P.M. —3:30 P.M. 1:00 P.M. Introductory Remarks Joseph W. Palmer, Associate Professor School of Information and Library Studies SUNY Buffalo 1:10P.M. Freedom of Information and Privacy Legislation in Canada Bruce Mann, Assistant Commissioner Office of the Information Commissioner Government of Canada 1:40 P.M. Questions 1:50 P.M. Freedom of Information and Privacy Legislation in NYS Robert Freeman, Executive Director New York State Department of State Committee on Open Government 2:20 P.M. Questions 2:30 P.M. Freedom of Information and Privacy Legislation in the U.S. (Federal Legislation) George Kannar, Associate Professor Law School SUNY Buffalo (Former Staff Counsel National Office ACLU) 3:00 P.M. Questions 3:10 P.M. Open Discussion 3:30 P.M. Close REGISTRATION: Registration is free but advance registration is requested. Please send name, address, affiliation (if any) to: Dr. Joseph W. Palmer SILS —SUNY Buffalo 303 Baldy Hall Buffalo, NY 14260 OR CALL: (716) 636-2412 for further information, or after September 25 to check on availability of space. This program is sponsored by theSchool ofInformationand Library Studies and theCommittee on Canadian Studiesat SUNY Buffalo. Phi Alpha Delta Explains Itself With 169 chartered law school chapters and 87 alumni chapters, Phi Alpha Delta (P.A.D.), founded in 1902, is the largest international law fraternity of its kind. Some of the outstanding leaders of ourtime are members of P.A.D., including Warren Burger, Mario Cuomo, Edward Kennedy, Jimmy Carter, Geraldine Ferraro, Casper Weinberger, Gary Hart and Barry Goldwater. P.A.D. is a professional fraternity that services the law students and the law school by assimilating the law student to the law school environment. For example, our law school chapter last year published a student directory. This student directory included not only the names, addresses and phone numbers of our fellow law students, but also included the rooms and phone numbers of faculty members and all our various law school organizations. P.A.D. also assimilates the law student to the legal profession by providing access to alumni members. The international P.A.D. alumni network can be used by the law student in order to meet practicing attorneys and discuss various aspects of law practice or job prospects in a particular area of law. The job placement program run by our local chapter can provide the law studentwith access to valuable work experience with a local law firm. Nearly one out of six attorneys are members of P.A.D. Equally important, P.A.D. brings the law student closer to the student body. Each semester P.A.D. sponsors various social functions to allow law students to unwind and meet one another. For example, each semester P.A.D. sponsors a racquetball party with unlimited racquetball time, wallyball, and all the wings, pizza, beer and soda the law student can consume. Our law school chapter included 63 law students last year making P.A.D. one of the largest law school organizations on campus. If you would like more information, contact any of the officers listed below. Barry Stopler, Chapter Justice, #840 Edward Joswiak, Vice-Justice, #745 Forrest Strauss, Marshall, #842 Richard Wong, Clerk, #867 Bruce Frankiewich, Treasurer, #704 Joe Ferraro, Historian, #696 Derek Akiwumi, Tribune, #301 Parking from page I versity Professions and the Civil Service Employee Association havefiled grievances regarding the pay lot at Fronczak. The unions claim that their contracts require any parking changes be negotiated with i them. Black said disposition of the grievances and negotiation regarding further changes may hamper efforts to begin charging registration fees next semester. The plan to implement preferred parking met with criticism from Williams because of the high prices to be charged. Under the recommendation of the task force, the $100 per year fee will be the same for faculty members, staff and students alike. "Charging students and nonstudents the same rate obviously shows favoritism to those who have higher incomes," said Williams, who earlier had told Black that few students could afford the $100fee. "They (the administration) have tried to exclude us, the students, from the good lots." Williams also expressed his concern to Black that the task force on parking should be made into a standing committee. The task force was disbanded when its report was finished, though Black says it may reorganize in a year to check the progress of its recommendations. "The parking problem is ongoing, so the task force should be a standing committee," said Williams after the meeting. The report by the task force, presented February 24, 1987, makes 20 recommendations ranging from various pay parking plans to the construction of a parking ramp on the Amherst campus. Black said that the recommendations were reviewed with approval by U.B. President Steven B. Sample. Sample then distributed the recommendations to the university's various vice presidents for implementation, according to Black. Black says most of the responsibility for making the parking changes falls with Edward Doty, vice president of finance and management. It was Doty who announced the Fronczak pay lot and the plan to charge the $10 registration fee of all drivers. According to Black, the real problem is not a shortage of parking spaces. "The real problem is that there are more cars than convenient parking spaces." Making the same observation, the report of the task force notes that the "era of free and convenient parking has come to an end." According to Black, further changes will be made. "The Fronczak lot is a small piece of a larger plan. What's coming is more interesting than what has happened." When asked about the effect that student input will have on any new changes. Black emphasized thatthetask force was formed in response to student input, and that the administration will still listen to any student voice. The Buffalo Law Review The Buffalo Law Review is pleased to announce the new lass of associates for the 1987-88 academic year: Joseph Allen Valeric Biebuyck Holly Baum Peter Carter Daniel Devine Douglas Dimitroff Vincent Doyle Vincent Dunn Patricia Erickson Vincent Falvo Brenda Freedman Steven Gaynor Frank Herdman Martin Hockey Bruce Ikefugi Richard James Karen Kaczmarski Kathleen Kaczor ELECTIONS FAST y M Emmanuel Nneji Michele Perry Laurie Pierwsza Kevin Quinn Jeffery Sendziak Erik Sobkiewicz Lisa Stidman Diane Tiveron Norman Viti Susan Weber SBA OFFSET • PRINTING • SERVICE • COMPETITIVE q Michael Niederbach VOTE TODAY • PROFESSIONAL TYPESETTING p E Thomas Laurino Glenn Leonardi John Mangan Lisa Massaro Gregg Maxwell Robert Milne Deborah Morel pricing MANY • DIFFERENT E S« TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! jj LoLKO fcfcdiW 3171 Main Street (Main S. of Winspear) Buffalo, NY A35.0100 1676 Nia. Falls Blvd r~*y~!<~1 j[Apll £jVj) 1" ' (tent* from K-Mart) Tonawanda, NY 834-7046 lliiHllllllllllllllllllllllllilllilllUlllllllil September 16, 1987 The Opinion 11 �$ "SAVE crrvrek *b + *b M BAR BM KjU v BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 415 S«*«atk Aw.., S«li. 62, N.Y.. N.V. 10001 (212) 594-3696 (201) 623-3363 160 CouoawuHli Ay... Bo.ion. Maaa 02116 (617) 437-1171 12 The Opinion September 16, 1987 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-09-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/16/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8c4b35da88166c347d11e222220cb7d2.pdf 319322472317f03ef83988f8354e358b PDF Text Text O THE PINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 3 September 30, 1987 UB Law School Centennial is a Big Success; Weekend Kicks OffYear-Long Celebration by John Bonazzi UB Law School recently kicked off its celebration of the lOOth anniversary of the law school last weekend with three events for law school alumni and students alike. They deliberately placed the formal announcement of the weekend on the dean's letterhead, as opposed to a xeroxed copy, and placed an announcement in each student's mailbox. An informal cocktail reception was held in the lobby of the Ellicott Square Building at 295 Main St., in which the law school formerly was housed. This event was attended by 400 people who were entertained by a rock band comprised of UB faculty and former students, while munching on hors d'oeuvres and sipping wine. All involved felt that the night was enjoyable and the entertainment even more so. The next morning, the Centennial Committee sponsored an academic symposium held in the Moot Court Room in O'Brian Hall entitled "Legal Education for a Changing Legal Symposium," featuring Bay- less Manning, former dean of the Stanford Law School, and a panel comprised of the following former UB Law faculty members: Joan Hollinger, George Priest, John H. Schlegel, and Marc Galanter. The discussion that followed was quite interesting and touched various subjects relative to the future of law such as 5,000-partner megafirms and the ethical issues facing attorneys involved in surrogate mother cases. The centennial weekend was capped by the main event, an expensive dinner dance set in the historic Connecticut Street Armory. This $45-per-person event featured as guest speaker the Honorable Sol Wachtler, chief judge of the New York Court of Appeals. Edwin F. Jaeckle, a distinguished alumnus, also spoke about what it was like to attend law school "way back then." According to Jaeckle, "tuition in 1915 was $50, and I earned $8 per week." As he said, "We've come a long way, baby." There was a degree of controversy associated with this weekend, however. Some students felt that the weekend was overly exclusive, having the effect of denying students the opportunity to participate. They further felt that there was inadequate notice provided and not enough consideration given to students. In response, Dean Alan Carrel and Ms. llene Fleischmann, director of the Law Alumni Association, stated that students were a strong consideration in the centennial celebration, and were not intended to be excluded. In fact, they stressed that much effort went into trying to include them. They further stressed that only one event had an admission price attached to it. While the dinner dance was $45 per person, it was costly to put on and was subsidized to an extent by the law school. There were two other events, both of which cost nothing to attend. Also, this was simply the kickoff of the year-long centennial celebration, and other events are Dean Carrel and Ms. Fleischmann reiterated that the centennial celebration is a yearlong thing, and invite ideas from students regarding future events. Any person or group with such ideas is urged to con- planned. tact them. Rifkin, Social Critic, Will Speak at UB by Doug Hoffer Next week the university community will have an opportunity to hear and speak with Jeremy Rifkin, one of our most provocative and thoughtful social critics. Rifkin is president of the on Economic Foundation Trends in Washington, D.C., and is internationally known for his critical opposition to aspects of the emerging genetic engineering revolution. He will be on campus Wednesday, Oct. 7 for a one-day interdisciplinary residency. He will conduct two seminars, at 1 and 3 p.m., in the Senate Chambers in Talbert Hall, and speak at the University Convocation in the Katharine Cornell Theatre at 7 p.m. These events are free, open to all and co-sponsored by the S.A., G.S.A, and various departments, including the Law School. He is a dynamic speaker who actively engages the audience and challenges us to rethink our world views. Jeremy Rifkin has authored nine books, including Declaration ofa Heretic, a philosophical and social critique of Western science; Algeny, a critique of Darwinism and genetic engineering; and Entropy: A New World View, an analysis of the relationship between the first two laws of thermodynamics and economic, political and social development. Also, The Emerging Order, an exploration of the current Chris- tian evangelical revival and its culture and politics; The North Will Rise Again, an analysis of the confrontation among labor unions, local and state governments, banks and corporations for control of the vast pool of pension capital; and, most recently, Time Wars: The Primary Conflict in Human History. impact on American For those unfamiliar with Rifkin's work, the following excerpt from a recent seminar paper will provide a brief overview of some of the issues he SBA Director FIRST-YEAR H-^ jKCSUIIS DIRECTORS Vot **Vanessa Bliss Billßee '.'.'. '.'.'. '.'.'. Martin Coleman Anne Doebler *Kathleen Doyle Asalyn Dußois Peter Farrell *lan Fitzpatrick *lvan Khoury David Luciano Troy Oechsner *Christopher Reo Ginger Schroder Judi Zirin 65 74 47 42 53 47 40 73 53 42 39 55 17 49 .. 27 47 69 55 65 74 81 62 "The Age of Pyrotechnology is winding down, its capital nearly spent. Although we may prolong the final act by exploiting all but the hardest to reach natural resources, it seems inevitable that a transition from fossil fuels be undertaken. We are entering a new epoch in human history, the Age of Biol- ogy" Jeremy Rifkin believes that we have a unique opportunity to address some fundamental questions about the wisdom and usefulness of this new paradigm. Some of his concerns go beyond the ability of the government to monitor and control this technology to larger questions about the philosophy of science. The supposed 'objective truth' that reductionist science discovers masks a world view predicated on power and the manipulation of nature in the interests of 'efficiency' and profit. While not denying some of the benefits of modern science, Rifkin asks that we pay closer attention to the costs. The majority of the scientific community dismisses Rifkin as simplistic and anti-science. Basic researchers view science as value-free, and applied researchers see technology as the only hope for continued im- Inside Votes Votes addresses: continued on page 1 THIRD-YEAR DIRECTORS SECOND-YEAR DIRECTORS Ewan Anderson John Bonazzi *Susan Machelor *Awilda Matias *Kelly Omel *David Quinn *Lisa Sizeland *Gregory Vinal John Williams, SBA president, felt that one invitation given just days before the events, the cost of the dance, and the lack of any student representatives in the planning process indicate that students were not the primary consideration in the planning of the centennial celebration. *Andrew Bechard Taryn Chapman Bill Cummings J. Claude Dugue *Molly Dwyer *Krista Hughes *Chuck Johnson Larry Lane *Bob Mcßride *Jim McCluskey ....... 70 15 17 13 42 47 26 20 25 22 ... More on the Bork Battle 2 Reslpsa Loquitur 9 Take Two 9 Miss Social Procedure 10 Missing 13 �BORK NOMINATION - Pro and Con Debate Bork in the Mainstream-Abortion Decision Should Go by Thomas L. Jipping As the brouhaha over Judge Robert Bork's nomination to be an associate justice of the U.S. Supreme Court continues, the abortion controversy comes repeatedly to the fore. Judge Bork has criticized Roe v. Wade, the 1973 Supreme Court decision mandating a national policy of abortion on demand throughout pregnancy. Judge Bork's opponents, however, do not debate this point of Roe's legitimacy with him; all they want to know is whether he would vote to overrule it. This tactic alone highlights the liberals' strategy of trying to implement a social/political agenda through judicial fiat. The full extent of the strategy to judicially implement permissiveabortion in this country has only recently come to light. Norma McCorvey, the "Jane Roe" plaintiff in Roe, now admits the pregnancy she sought to terminate at the beginning of that litigation was not the result of gang-rape, as she then claimed (see Time, 9-21-87, p. 15). The case was manufactured from day one. The strategy then continues with a bait-and-switch. Get the court to deliver a thoroughly erroneous, unprincipled decision which makes a mockery of constitutional law but at least provides the result you want, then scream "respect for precedent and the rule of law" to keep it in place. Roe is not constitutional trash solely because it mandated abortion on demand. In fact, many who support permissive abortion as a matter of social policy have roundly thrashed Roe as an illegitimate move by the Supreme Court. Judge Bork has said that Roe is "an unconstitutional decision." His position on abortion itself is unknown; pro-life leaders themselves remain skeptical on this question. John Ely, dean of the Stanford Law School, has written that Roe "is not constitutional law and shows almost no obligation to try to be." Ely openly favors Roe's result —permissive abortion as a policy matter, but rejects Roe itself. Since 1973, more than 100articles have appeared in the law — Bork Is An Unfit Conservative Activist by John Bonazzi In nominating Robert Bork to be a justice of the Supreme Court, Ronald Reagan may finally have devised a way of forcing his primitive, overly conservative social agenda down our throats. It had looked as if the old goat would be out of office before he'd have the opportunity to inflict this damage, but now we are faced with the reality that only an unlikely senate vote can preventthiscalamityfrom striking our great nation. I say calamity not because my limited vocabulary prevents me from using a more subtle term, but because it is the word that best describes what's in store for us should this racist ascend to the nation's judicial throne. Actually, I can think of a few more words, but decorum prevents me from using them in this, the law school family newspaper. Unless you have been milking cows in the more uncivilized parts of the world, like, say, Alabama, you must be at least casually acquainted withBork's record. And that record concerns me. Oh, it's not just that he hates the people in our society he feels are undeserving of any women rights like and blacks, for instance it's also that he seems to deplore something much more fundamental: this nation's respectfortheconstitutional process and for fair and unbiased judicial reason- — — ing. First, let me respond to the conservative position that Robert Bork is not really against individual freedom or privacy or women or all the other things he has us so worried about. He is, they tell us, simply opposed to law that is judge-made. So, Bork is not against the freedom of married persons to use contraceptives, just opposed to supporting that freedom when no one can find it expressed in the Constitution. Well, I don't recall the Constitution expressly stating that we have the right to educate our children in the type of school we choose, public or private. But we do. And it doesn't say anything about nuclear bombs or computers or star wars, either. The point is that the Constitution speaks of central, enduring themes and rights. Our forefathers didn't intend for us to prohibit technological or social progress so that we could always apply the written words of theConstitution to every conceivable issue. They obviously meant for us to decide new issues and problems based on the meaning of that remarkable document. When it is reasonably and fairly interpreted to apply to our modern day, the Constitution serves its purpose, and then some. Therefore, when Bork gawks about interpreting the law but not making it, he is simply saying that he wishes to force his personal agenda on our country because to refuse to expand upon the Constitution, as is required in our increasingly com- plex society, is to deny rights to those in need the very es- — sence of the conservative political agenda. Which brings me to the second point. I have been reading with great disgust the conservative slop that Bork is for judicial restraint; i.e., judges should not make law, they should just interpret it. Conservatives should stop telling this big lie. The truth is that Bork, far from being for judicial restraint, is a judicial activist. However, he is a different type of judicial activist. He is not into granting mental patients and prisoners their rights, or desegregating the schools; instead, he is a conservative activist, the worst kind. He will do nothing forthe disadvantaged, for the oppressed, for minoritiesorwomen. No, he will set his racist, sexist, upperclass snotty sights on expanding upon the vision of a conservative society dedicated to white wealthy people and economic efficiency at the expense of great social and environmental needs. Such an activist we do not need. Lastly, where is this man's integrity? Bork has a record that he has spent 25 years building, but seems to wish it would all go away. I can understand that. If I said or wrote some of the things he has, I'd be embarrassed too. But you can't do that, Bob. Nope. You must instead try to defend them, and explain to the nation why you think the way you do about issues such as women's rights, executive privilege, and affirmative action. Somebody forgot to tell him that. The spectacle of Bork sitting in that chair day after xlay changing his stance on every issue under the sun was stunning, to say the least. When you say in a speech that constitutional precedent is not important (!) and then claim at your confirmation hearing that you were only kidding, that certain precedents are "so woven into the fabric of our system that to change them would be unthinkable," you must see that people are going to wonder, Bob. And wonder we do. You're not being straight with us, Bob. You don't consider anything in that old document to be sacred; all you want is to force on this country that nauseating conservative agenda that President Alzheimer, even at the height of his power, couldn't impose on us. Bork is a judicial activist with a different vision of America than the one you and I have. This is a man who decided, in a case involving a Virginia company's policy requiring women who sought employment to undergo sterilization, that such a policy was the right one. According to Bork, at least the women had a choice. Some choice. It is up to all of us to fight this nomination. Please send letters to your representatives, as well as donations to groups opposed to Bork. Together, we can stop this creep. journals devoted to substantive criticism of Roe. This does not count chapters, books, or other scholarship accomplishing the same thing in whole or in part. This avalanche has devastated Roe's historical, medical, legal, and policy underpinnings. Roe's supporters, rather than defending it, are left "rewriting" it (a la Professor Regan) or "repackaging" it (a la Professor Chereminsky). Bork, the conservative, says Roe is "unconstitutional." Ely, the liberal, says Roe "is not constitutional." Who's the radical, Senator Kennedy? In his opposition to Roe, Judge Bork is in an enormous company spanning the political horizon. Would he vote to overrule this decision? The answer is far from clear, as Judge Bork demonstrated in the first day of his confirmation testimony on September 15. Nevertheless, the Supreme Court has overruled substantive constitutional decisions, on the average, once every other twice as often as we year elect presidents. Correcting constitutional mistakes by overruling precedent was a preferred tactic of the Warren Court and championed by liberal Justice William Douglas. Who's the radical. Senator Kennedy? — The liberals going after Judge Bork during this confirmation circus could not be more hypocritical. If legal abortion on demand has a place in this country, it should not be mandated by an unconstitutional Supreme Court decision. Liberals seeking to maintain the policy by a sudden professed devotion to precedent, yelping "we got it, so we gotta keep it" not only belie their former penchant for sweeping aside undesirable constitutional decisions, but trash the rule of law in the process. In his criticism of Roe as a faulty decision with no constitutional justification, Judge Bork is in the mainstream. Thomas L. Jipping, J.D., is a Political Science GraduateStudent. Newsletter on Latin America Will Discuss Human Rights by Daniel Ibarrondo It is a sad state of affairs when a dichotomy exists where citi- zens of the United States have tons of information banks, newspapers, magazines and media programs and yet we are not aware of what happens close to home at our borders. So many Americans, as evidenced by the numerous polls taken by the news media, do not know who the Sandinistas or the contras are. Neither do they know which side of the Nicaraguan turmoil we support. Perhaps this is the paradigm of democracy. What makes this situation even more dramatic is the number of graduate and law students who are not aware of these concerns. The situation in Central America, South America and the Caribbean should be of importance to us because our own lives here are affected by the 2 stability of this region. As law students and potential lawyers, we are, or should be, concerned with the application and violations, where they exist, of our laws. Total disregard for the Boland Amendment and other laws which were formulated with the intention of streamlining our involvement in this troubled region should not be taken lightly by legal scholars and practitioners. Whether we agree with the law or not, it was passed with our consent or non-consent and should be respected as such. There are processes within the congressional law-making process in which citizens can make their voices heard. There are liberals who don't agree with the construction of certain laws and the same situation exists with those of conservative views. Yet, disregard and violation of laws by either camp The Opinion September 30, 1987 should not be taken lightly. If, as law students, we are not concerned with the application or non-application of our laws that relate to Latin America, we should at least be concerned with the direction of ourforeign policy towards this region. Latin America, in foreign policy terms, has been a region of low priority. We have not developed a Marshall Plan towards this region and we find out about its political problemsonly when situations erupt. In essence, our foreign policy towards Latin America is myopic and short address issues of concern in Latin America. The newsletter, which will be published biweekly beginning October 5, will attempt to not only tackle these issues butalso to present an alternative viewpoint. media, Mainstream the group members felt, presented a myopic and short-term manner of reporting. The newsletter, appropriately named "Myth & Reality: Latin America," will compare the facts of the region with current mainstream reporting. THE PASSWORD: term. In order to fill the gap that exists among law students in the knowledge and awareness of this region, various students from Professors Thuronyi and Blum's respective seminar courses met and discussed these issues. The positive result of this meeting is the publication of a newsletter that would Seventh Avenue, Suite 62 New York. New York 10001 415 (212)594-3696 (201)623-3363 �Georgetown Hosts Public Interest Law Conference Law students from across the country are preparing for their second annual national public interest law conference in Washington, D.C. The conference will be held October 9-11 at Georgetown University Law Center. The students are gathering to discuss efforts on their campuses to promote and fund public service work, and to meet with leadersfrom the public interest community. According to the National Association for Public Interest Law (NAPIL), the national office of the student public interest groups, attendees will participate in discussions on the vitality of pro bono publico, public interest employment opportunities, the nomination of Judge Robert Bork to the Supreme Court, loan forgiveness, gay and lesbian civil rights, and student-run public interest grant programs. The executive directors of the Alliance for Justice, the Democracy Project, Trial Lawyers for Public Justice, Washington Legal Foundation, U.S. Public Interest Research Group and the Women's Legal Defense Fund will join representatives from Hogan & Hartson, Dunlap Law Offices, CUNY Law School, and the Senate Judiciary Committee in addressing the students. According to Michael Caudell-Feagan, executive director of NAPIL, "Students are concerned about the inadequate provision of legal services to many members of our society. The conference provides a forum for them to come together and design their own solutions to this problem." At last year's conference, students set a three-prong agenda including expanded studentfunded grant programs for work in the public interest, improved placement resources, and heightened advocacy for loan forgiveness programs. According to Nancy Krop, NAPIL's president and a student at U.C. Davis, "Our success in addressing these goals only underscores our conviction to redouble our efforts." Since the last conference, students at 35 law schools raised over $550,000 from their fellow students and recent graduates through 1 percent You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to con- i WW tracts to criminal law. _ — tithes. The funding was used to provide over 300 summer grants and full-yearfellowships in the public interest. Students at UCLA alone pledged over $30,000 in their first on-campus fund-raising drive. Working with NAPIL, students also developed new resources to assist individuals interested in public service careers. Liz Manning from Boston "Hi, this is Judy" is a twoweek long (October 2-18), citywide festival offeministcultural arts coordinated and conceived by the Graduate Group for Feminist Studies at SUNY Buffalo. "Hi, this is Judy" is a phrase that is used by the female employees of a large, successful, national American corporation. It is not used by choice, but is a condition of employment. Even if your name is Sarah, you must answerthe phone as Judy (most females in this corporation are hired as salespeople who work expressly over the phone). , Why Judy? The corporation did a nationwide survey and found that the name Judy conjured up images in people's minds of a woman who was bubbly, but competent; extremely friendly, but sincere; buxom, but modest; white and conservative, but open-minded. Judy is the perfect receptionist. She is the quintessential secretary. She is sharp, but she is not threatening to her male or female associates and superiors. Itis this artificial, cultural construction of woman thatthe October festival will attempt to Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service, L HfIVP IyUJUUU CUCtItS i $5. A guide to full-year public interest fellowships for law school graduates was written by Marie Westermeier, a student at Georgetown University Law Center. The NAPIL Fellowships Guide is available for $10. Individuals interested in these publications or in the conference should contact NAPIL at 215 Pennsylvania Aye., S.E., Washington, D.C. 20003 or at (202) 546-4918. Feminist-Cultural Arts Festival If you think you have f/l/l/l/l/l t* 4what it takes to be a —ii nil nil in mi in ii frrkm tha atari V" MM UMMM IMMV 9%4*M f# ;: University Law School and Amelia Parkinson of Stanford Law School conducted a comprehensive survey of financial aid programs designed to alleviate the debt burdens of graduates accepting low-paying public interest positions. They also developed a manual for students advocating for these programs. The resulting Loan Forgiveness Action Manual is available from NAPIL for '!llllllllll!lll^-:iilllllllll!l|l!! ■ i l l :ll l l!l! il l'- , „ „ Maybe you can be one otus. There^^S^ AS Kp^ "' " miiii ■' critique, co-op, and redefine. If you have any questions about the following events please call 636-2546 or 636-2108 and, if you dare, ask for Judy. This schedule is still tentative and subject to change: October 2: "Just Buffalo" will open the festival with a Buffalo premiere reading by New York City-born poet, playwright, novelist, freelance journalist, and performance artist Alexis de Veaux at 8 p.m. at the Allentown Community Center, 111 Elmwood Aye. October 3: The all-women reggae band Casselberry-Dupree will perform two shows at 8 and 11 p.m. at the Little Harlem Hotel (an historic nightclub which has featured such greats as Billie Holiday), 496 Michigan Aye. Opening act by the dynamic Toronto-based, award-winning, dub-poet Lillian Allen. October 5: (Afternoon Event) Village Voice theater critic and contributing writer Laurie Stone will give a participatory brown bag lunch talk entitled "Fast Food Entertainment" at noon in 280 Park Hall on SUNY Buffalo's Amherst Campus. Sub-topics will include "Male/ Female Drag," "Why I Like Soap Operas," and "The Dr. Ruth Phenomenon." October 5: (Evening Event) Hallwalls will host an "Evening of Women's Films." At 7 p.m., Chick Strand's black-andwhite documentary on the power of female sensuality, "Soft Fiction," will be shown. Strand's film will be followed by Yvonne Rainer's erotic fantasy of domestic violence, "A Film About A Woman Wh0..." at 8:15 p.m. in the Hallwalls Vault 2nd Floor, 700 Main St. October 8: "Video Girls," a video opening hosted by Squeaky Wheel Film/Video Resource Center, 585 Potomac Aye., which will include the screening of Julie Zando's "I Like Girls for Friends." October 9: "As Her Voice Rises: Women's Images of Women," an art opening at 8 p.m., ÜB's Bethune Gallery, 2nd Floor, 2917 Main St. at Hertel Avenue (entrance next to Bennett High School). The Marine Corps Officer Selection Team will be on campus for the Career Planning and Placement Job Fair on October 1. We will also be conducting interviews in the Placement Office on October 7. FOR MORE INFORMATION, see the Career Placement Office or call us at 1-800-FOR-USMC October 10: "Wow Cafe Comes to Buffalo," a night of feminist performance art atthe Hallwalls Vault, 2nd Floor, 700 Main St., 9 p.m. "Wow Cafe," a New York City women's theater collective will bring three performances to Buffalo. October 11: "The Power of Past Centuries," an art opening featuring the collaborative work of photographer Dianne Malley and sculptor and computer anicontinued on page 12 September 30, 1987 The OpinionPtahgree page 3 �* * * Pieper Reps * * * Thomas Colson Sharyn Duncan Terrance Flynn 4 William Grieshober Diane Harris Mary-Jo Herrscher The Opinion September 30, 1987 James McClusky Miae Park Martin Pekin Margarita Ramos Shelly Rice Susan Rogue Amy Sullivan Thomas Theophilos �Ballplayers, Bork, Bookstore, Biden and other Bull .. by John J. Bonazzi A couple of things have crossed my mind lately usually during class lectures and I'd like to share them with you. I was just thinking — — Robert Bork is far more qualified for the Politburo than for the Supreme Court. At least in the USSR he can trash women and blacks with the party's blessing. And get a medal. Here, he just turns white. How do you explain President Sample constructing hundreds of more parking slots to relieve last year's congestion and then charging people for it? I think I've figured it out. This stupid policy, along with his other gems, is part of the campaign against drug use. These policies are being offered as evidence to youngsters of the dangers associated with too much heroin use. Take notice, folks. The Boston Red Sox are losers. Choke, choke, choke. With all of their weapons, they should be giving fans in Beantown something to cheer about. Instead, they put them to sleep. Why is it that UB is full of buildings with flat roofs? We're in an area with one of the highest annual snowfalls in the country, and we have roofs that allow snow to accumulate high above the heads of innocent, unsuspecting students. The registration process here is justplain dumb. It can be improved upon and the folks in A & R should move quickly to end the frustration of the whole silly process. If they don't, then we should strike. That's right. We should all just refuse to register, creating headaches for them for a change. Hey, if the NFL can do it, so can we. After all, we're lawyers, and they're just dumb football players. Why are law students so rude? Of course, there are many exceptions, but too many students act as if they're already attorneys. Cool it, will you? Even when you finally become attorneys, you won't really be important. And right now, we're all peons. So act it, will you? While I'm on the subject, why are there so many immature students in this school? They usually sit in the back of the class laughing and passing I don't think the University Bookstore should be expanded. Nope. I think that it should stay the same size, no matter how large this university gets. So what if you have to stand in line 30 minutes to buy a pen after passing out due to lack of oxygen? It took three years to find a dean. Gee, I hope Filvaroff stays for a while, don't you? God forbid if the head janitor decides to pack it in. Better stock up on empty trash cans, just in case obvious this isn't being done for them. It's being done for the big names the ones sure to benefit from free agency. The strike is a joke, and fans should not forget the slap at their faces. Joe Biden has inflicted an incredible degree of harm on both his own campaign and the Democratic Party. With Gary Hart's public lust-in, Biden's scandal may provide a signal to the country that the Democrats have lost their integrity. ily. OFFICER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 westhuron street BUFFALO, NEW YORK 14202 J/Mi — — Why are Mario Cuomo and Sam Nunn sitting the race out? You've got to suspect that they plan to join,, but wonder how long before they toss their hats in. To stay out much longer doesn't make sense. And a brokered convention isn't a possibility anymore. With those two out, Mike Dukakis will win eas- .. This would be a huge blow to the Dems, as the "sleaze factor" is an issue they can beat Repubicans to death with until now, that is. It'll be Mike Dukakis over George Bush next year. God, a democrat in the White House again. Sheer joy, but what will he do with himself? Pit bull terriers should not be outlawed, nor should they be put asleep. Their owners should. They're the dangerous ones. — No fan should support NFL players in their current strike. While I applaud any actionsthat help the lower-paid players, it's UNITED STATES MARINE CORPS \ vKvL notes. Please take your crayons and baseball cards to the recess area, and leave the rest of us alone. Tobacco companies should be held liable for the cancer they cause (325,000 deaths per year). The ruling four weeks ago holding that they are not is outrageous. While the companies do print warning labels, it is only because Congress forces them to. At the same time, they pour millions into the Tobacco Institute, the industry lobby, to convince smokers that cigarettes don't cause cancer. They should not be allowed on one hand to say that their products do no harm, and on the other avoid paying for that harm. The architect responsible for the Ellicott Complex should be hunted down and exiled to a remote, uncivilized region of the world, like Oklahoma. Why can't the library buy more copiers now, before the rush associated with final exams and moot court hits? They pay for themselves and make difficult times of the year much more bearable. Are you listening, librarians? IN REPLY REFER TO Dear Law Student: . Philosophically, I am deeply opposed to political assassination as a means of achieving political goals. But the Ayatollah kinda makes me want to rethink my position. And Bork .. All lawyers, as a condition of licensure, should be forced to put in 30 mandatory pro bono hours per year. If the greedy, money-hungry, selfish scum won't agree, we should kick them and their screw-the-poor attitude out of the profession. Congratulations to all newly elected SBA class directors. Now that you've won, please do something this year. You can start with the registration, student lounge, and JAG issues, and then move on to star wars research. As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face following graduation. One of the biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. Also, please act on Kelley Omel's suggestion that SBA sponsor functions other than dumb beer parties in loud, smoke-filled bars. It was the best suggestion of the entire campaign. I'm the Officer Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trail work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. I hope the new dean is as great as everybody tells me he is. For two reasons. First, it would be nice to see the things he reportedly is interested in actually happen, and two, if he's a dud, do we really want to search for a new one? fl l l l l l l l l l •l l l l l l l l l l l l l l l l l l p College seniors who intend to apply to Law School and first or second year Law Students are eligible to apply for PLC (Law). The Marine Corps will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in an inactive status This means no "Marine Corps haircuts," uniforms, drills, meetings, or classes during the school year. While in Law School you will be promoted with your peers on active duty. During the summer months you may apply for active duty work in a Marine Corps Judge Advocate Office, during which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 you second, and as much as $29,000 your third. E q PROFESSIONAL TYPESETTING • • OFFSET PRINTING FAST SERVICE • PRICING COMPETITIVE JJ M • E S* MANY DIFFERENT TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! We will be on campus October Ist at the Job Fair and at the Placement Office October 7th to conduct interviews. See your Placement Officer for or toll-free 1-800-367-8762 and ask an interview or call (716) for the Officer Selection Office. CALL US OR VISIT US FOR A QUOTATION TODAY! - - 3171 Main Street Buffalo>NY LfltKD S(^t-O|wt—i 835-0100 ■ (Main S. of Winspear) 1676 Nia Falls Blvd a Advertisement j a.' j. .; JAMES G. MACVARISH First Lieutenant s< mr±ne Corps f~y~lf*~l \ (across from K-Mari) Tonawanda, NY 834-7046 Illllllllllllllllllllilllllllllllllllllllllllllllllllll September 30, 1987 The Opinion 5 �Stanley H. Kaplan has chosen his bar review. lliifV fvti* f *#»**« :< jiHi| W W For years, Kaplan students have been asking for a jf bar review course with the same standards of excellence *\ W other courses. Kaplan's as After carefully investigating bar \A review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family jtik of outstanding educational offerings. The academic integrity and comprehensive, well-paced strucgg| ture of the SMH approach made Mr. Kaplan's \ decision an easy one yours should be too! f;w0 Jt& iM&Bi Preparation is now available for Cali,3 x\j v JB fornia, Colorado, Connecticut, District of 3 Columbia, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, Jjjj M New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, -Jjj :: S Rhode Island, Texas, Vermont, :M and Virginia. m^ Ih^to^ Ifc^to^ Js> - \ %£&kmfk wt A m % The Best Course Of Action. "~~ f """iwiijunl j^ej I I l*sflH M Pill Mi SKI « life v/ ,J ik. cd. center 1330 Niagara Falls Blvd. Tonawanda, NY 14150 Stanley kaplan 716-837-8022 6 The Opinion September 30, 1987 JS^Km r ■ �CDO Suggests Some Valuable Job-Hunting Tips by John J. Bonazzi Finding a job. Ah, these words are enough to make a law student cringe even more so than the Robert Bork nomination or another day in that frustrating registration line. — Once you have an idea of where you want to go, the next step is discovering specific information about the job market in the legal and geographical areas in which you wish to work. There are many ways to do this as you'll see, and net- your interest in this area, but also to learn some valuable pointers, and more importantly, meet the people in Buffalo who practice civil litigation law. While it may seem obvious, the next thing is to do a great job. Good attorneys are a dime One wonders where to begin. Well, the Career Development Office is a good place to start. UB Law School has a solid career assistance program with helpful resources and the personnel (even if there are only three of them) to provide valuable assistance. Ms. Audrey Koscielniak is the director of the CDO, and her staff consists of Patti Thomann and Judee Smolarek. See these people if you need guidance, or have any questions. In general, the first thing to do is to learn about the legal field. By becoming familiar with the entire field, one can then make informed and even semirational choices regarding interests and career paths. Until you've accomplished this, the rest is just a waste of everyone's time. A really good way to explore the law profession is to become familiar with certain helpful publications. Two good ones are The National Law Journal and Student Lawyer, an ABA publication with articles of interest to the law student. Rifkin provement in the standard of living. But the nexus between 'pure' science and technology is well established. The direction of research efforts often excludes approaches that seek to resolve problems by harmonizing our interaction with nature rather than altering it to meet our current needs. By piling one technological fix on top of another we ignore the causes of problems and create a type of environmental deficit that will be increasingly difficult to pay. Biotechnology encourages us to view life as nothing more than discrete chemical pieces that are interchangeable at will. Although critics of Rifkin claim that species' boundaries are not threatened, the insertion or removal of genes into or from a distinct species alters itforever. While we may be a long way from large-scale genetic engineering, the mind-set that views such intrusions as are now possible as minor must lead eventually to wholesale manipulations of the flora and fauna (and humans). Not only will we do violence to what remains of the natural order but in so doing we will threaten the ability of whole systems to adapt to changes in the environment. "I believe, incidentally, that those of us who care about bears and frogs haven't much time left to write about them, not the just because among world's other emergencies a twilight is settling upon them, but because people are losing their capacity to fathom any form of nature except, in a more immediate sense, their own." Hoagland, E., "Edward Hoagland," New York Times BookReview, October 4, 1981. — — Urbanization and the widespread destruction of habitat have already removed us from working is certainly an important one. Networking is a process in which, while working in a cho- sen area of law, the student makes contacts and uses those contacts to develop new internship/job leads. If, for example, you are interested in doing civil litigation in Buffalo, you would want to work one-on-one with a local attorney currently involved in litigation work. This not only allows you the opportunity to truly evaluate significant contact with other species. Furtheralienationfrom nature due to this final reductionist step will make it impossible for us to appreciate the beauty and critical importance of maintaining the diversity of species that form the complex interrelationships of nature. Not only might we diminish the capacity of the biosphere to support us, but our own development as a species, dependent on a rich and varied environment, may be irrevocably stunted. Inherent in this debate, but usually left unspoken, is the question of democratic control over such powerful technologies. The virtual monopoly of research funding by the Western corpocracy exacerbates the loss of local initiative in response to local problems. Enlightenment science was but one response to the challenge of understanding nature and learning how best to avoid disruption of natural processes while meeting human needs. Other cultures (and minority views within dominant cultures) have developed alternative approaches to the problem but are not allowed to experiment due to the pressures of the 'market.' Rifkin sees a crucial choice before us in how to organize the Age of Biology. The small-isbeautiful, "appropriatetechnology" approach would respect the ecosystemic reproductive capacity of the planet while the high-tech rDNA model is geared toward speed and 'efficiency' (values that Rifkin says are not natural). The latter model is likely to increase the rate of erosion and soil depletion, extend our dependence on petrochemicals a dozen; outstanding ones are a rare (and sought after) commodity. Get involved in your job, even if it is only a five or 10 hour per week position. Make them yourfive to 10 most enthusiastic and motivated hours. (Except for SBA parties, of course!) Once you've convinced the people in your office that you're both motivated and competent, you should begin to make contacts. Talk to the attorneys. They love to be asked for advice. Ask them. Find out what and continue the centralization of power inherent in such technologies. The former would allow us to openly debate the merits of science qua science and remove decision making to the people most affected by its workings. Rifkin acts as a catalyst for debate by raising questions about our conception of nature. Just as alchemists viewed all metals as gold 'in potentia' the new Algenists seek to change the es- the employment picture is both in that firm and in that job market. Chances are that if your boss can't hire you, he will know of someone in that market who will. An important variable in networking is market proximity. That is, how far removed from Buffalo the job market you wish to work in is located. The reason forthis, of course, is that the familiarity of our school's reputation is inversely proportional to the distance of a particular market from Buffalo. While we are becoming better known outside of Western New York each and every year, graduates will still find it somewhat difficultto crack new markets. When networking, especially when it is in a distant city like Philadelphia or Boston, the person(s) to contact are alumni. Alumni can be especially helpful in describing the job market in that area and providing leads. Be aware of one fact, however: while alumni can be helpful, they will be very critical, as they don't want you to ruin their reputation, or the school's, for that matter. You may be wondering how to get the ball rolling in the first place. How do you develop contacts, or set up an interview? Thankfully, the Career Development Office has set up some very interesting programs to get that ball rolling. An absolutely fantastic way sence of living things through transformation. The biota is now viewed as being 'in potentia' since organisms are no longer discrete but "simply a temporary set of relationships in a temporary condition of becoming something else." Rifkin, J., Algeny, p. 17. Many scientists view Rifkin as a gadfly or heretic. To me, he is a thoughtful and articulate agnostic in the Temple of Science. If you are concerned to establish that initial contact is by taking advantage of CDO's One-to-One Program. In this program, students spend a halfday with an attorney, observing them in practice. This gives the student a sense of what law practice is all about and allows the student to make better-informed placement decisions. As Audrey says, "You can't make career decisions in a vacuum." This program will begin late in October. Another resource is the Career Information Program. In this program, career panels visit the school and meet with interested students. On Sept. 28, August Milton of the Legal Aid Society will visit ÜB, followed by the Women's Bar Association during the week of Oct. 19. Also, an accounting firm is being recruited for a panel, which would primarily be geared towards first year students. Look for information about these events. CDO is bringing in the IRS on October 10, and Justice Department internship applications are due in Washington by Sept. 30. The BLSA Minority Law Student Recruiting Conference is coming on Oct. 9. For more dates, see CDO. Also, don't forget the job board. The cards on this board can give you great leads on certain jobs. By pursuing them, you can easily begin the networking process. continued on page 14 from page I about these and related issues, I urgeyou to attend one or more of the events during his brief stay. "The Gaia Hypothesis, as proposed by the British scientist James Lovelock, suggests that the earth's atmosphere and oceans are maintained as highly sophisticated buffering devices by the totality of life on the planet. The whole earth, in other words, may function as a single self-regulating organism. We live one life." Brand, S., "Gaia," The Next Whole Earth Catalog, p. 7. A One-Day Interdisciplinary Residency With RIFKIN JEREMY Author, Philosopher Activist & THE NEXT FIFTY YEARS SCIENCE, TECHNOLOGY and the HUMAN PROSPECT Jeremy Rifkin dares to question many of the most fundamental assumptions of contemporary Western civilization. He challenges our scientific world-view and the high-lech optimism of pur political leaders. Probing the modern technologies of genetic engineering, nuclear power and the computer, Rifkin critically examines the social, political and economic realities that await us in the 2lst century. Jeremy Rifkin has fought to prevent the deliberate release ol genetically altered microbes Into the environment, won a lawsuit against the Department of Defense blocking the construction of a biological warfare facility In the U.S., and provided testimony at numerous congressional hearings detailing mismanagement in government regulation of biotechnology. WEDNESDAY, OCTOBER 7, 1987 Seminar #1. 1:CX) P.M. "GENETIC ENGINEERING: UTOPIA OR BRAVE NEW WORLD" SA Senate Chambers, Talbert Hall, Amherst Campus Seminar #2. 3:OO P.M. RETI UNKING OUR WORLD VIEW" SA Senate Chambers, Talbert Hall, Amherst Campus Convocation, 7:OO P.M. "COMPUTER CULTURE: lIYPER EFFICIENCY IN II IE NANOSECOND SOCIETY" Katharine Cornell Theatre, 120 Filmore Ctr., Ellicott Complex, Amherst Campus — FREE ADMISSION TO ALL EVENTS — Sponsored by the SA & GSA Co-Sponsors: 1 Jepartments of Philosophy and Sociology Anthropology Graduate Students Faculty ol Law and Jurisprudence Baldy Center tor Law and Social Policy September 30, 1987 The Opinion 7 �__ : STATE UNIVERSITY OF NFW YORK AT Rl FFALOSCHOOL OF LAW Volume 28, No. 3 ■ — September 30, 1987 Editor-in-Chief: Krista Hughes Managing Editor: FeaturesEditor: Business Manager: Photographer: Zulmaßodon Daniel Ibarrondo Melinda K. Schneider Joseph Conboy Staff: John Bonazzi, Wendy Ciesla, Susan Clerc, Tom Gagne. Contributors: Doug Hoffer, Thomas L. Jipping, Kimi King, Alexei Schacht, Tracey Wild, John Williams. c Copyright 1986, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. A Fairly Generic Editorial The three-year-long dean search will go down as a success, SBA director elections are history (with an almost fierce battle of write-ins for the coveted third-year seats), and the National Lawyers Guild is taking charge of the battle against Bork by conducting a vigorous letter-writing campaign. It seems the Law School annals will reveal that a heavy calm fell like a pall over the corridors of O'Brian Hall in the autumn of 1987. But before we get too complacent, the contributors to this issue of The Opinion indicate by the very forms of their contributions that, while there may be no immediate and major concerns to address, there are quite a few rather gnawing minor ones. For example, the lOOth Anniversary of the Law School has brought a significant amount of attention to ÜB. Unfortunately, it seems that the centennial was drawing attention from everyone but the students. Perhaps this is just another manifestation of student apathy. But perhaps the problem runs a little deeper this time than that. As law students we represent the thousands who have given UB Law a reason to exist for a hundred years. If it is true that we were a prime consideration, as well we should have been, then there should have been a strong student representation on the planning committee. SBA should have been involved. Friday night's cocktail hour, with $1 beers, at the Ellicott Square Building, was the one event planned mainly for students. However, many students either live in the dorms or simply have limited access to transportation. A shuttle bus service from Amherst downtown would have been an easy way to encourage student attendance. Another alternative would have been to hold an event a little closer to home. While we would have forfeited seeing the original site of the Law School we would have gained the feeling that our attendance was sought and desired. Also, the publicity for the centennial kick-off was well-intended but ill-effective. Students received in their mailboxes a memo previewing the weekend's events. Apparently, the Dean's letterhead was used to make students read it. It is almost a given that about two-thirds of what students retrieve from their mailboxes ends up in the trash can. In the case of the centennial memo, "$45 a plate" from Saturday's event shone out like a beacon and probably caused most students to dismiss the entire weekend as cost-prohibitive. Friday's cocktail hour should have been publicized with notices on the blackboards, which seem to be the most effective way of grabbing our attention. But enough about that. The milk cartons on page 13 of this newspaper were, of course, intended as humor. However, the reality behind the joke is not especially funny. While there is no arguing that these professors, with the exception of the omnipresent Elvis, work very hard and deserve time off to pursue valuable research, there is a problem with so many professors being gone at the same time. Certain courses are only taught by one professor. When he or she leaves, there is no one to fill the vacancy. Other professors must be shifted around to cover the mandatory first-year courses which then greatly limits even more the choices for second and third year students. Obviously, the administration cannot conduct a replacement search every time a full-time professor goes on sabbatical. Instead, perhaps some of the part-time professors could be utilized to teach some of the basic courses (like Civil Procedure or Contract Law) when our regular professors are away. — These are only two annoying little issues financial aid and late grades will doubtless be addressed later on if no more major problems present themselves, and parking will probably not be addressed at all, as it would merely be an exercise in beating the proverbial dead horse. At least we don't have to deal this semester with prejudicial notes in our mailboxes hopefully that is one editorial that will never be rewritten. — The Opinion 8 September 30, 1987 Family Planning Clinics Bound to Suffer Under President's Title X Proposals by Zulma Bodon President Reagan's recently proposed regulations for Title X family planning programs are not only unconstitutional but contrary to the intent of Congress. Reagan's newly proposed regulations would effectively bar poor women from receiving essential information about abortion from federally-funded family planning clinics. Title X of the Public Health Service Act was passed by Congress in 1970. It provides funding for most of our family planning clinics nationwide. These clinics serve low-income women and stress access for teenage clients. Under current law Title X funds cannot be used to fund programs "where abortion is a method of family planning." Congressional guidelines, how- ever, require that all women receive medical information on all options, including abortion, and referrals when they contact a family planning clinic. The new regulations would invali- date this important congressional mandate. A major problem with Reagan's proposal is that the regulations attempt to push out of the abortion business family planners whose philosophies about human reproduction do not coincide with that of the moral majority, and thus deprive women of an essential medical service. But a more serious consequence of the new regulations is that family planning service providers would be prohibited from exercising their normal educational speech about abortion. The new regulations would preclude even neutral, truthful, medical information about abortion. This is clearly a violation of the first amendment rights of doctors and counselors to speak freely about legal and medical options. It is also a violation of the right of the American public to be free from manipulative restrictions on the dissemination of information so necessary in making true and informed choices about very intimate aspects of our lives. Finally, the new regulations represent Reagan's last attempt at establishing a social policy which he has so farfailed to advance through our judicial branch of government. He is therefore trying to manipulate Congress into legislating what the Supreme Court has refused to do: to overrule Roe v. Wade. "Con-Torts" Teaches the Legal Basics But Students Don't Learn Practicalities by Alexei Schacht Now that I have had the summer to mull over my first year Section Three experience, I feel compelled to air my feelings about the course called ConTorts. The so-called Con-Torts model of learning contracts and torts, while having much to recommend it, is, in my opinion, fatally flawed. On the positive side, Professor Schlegel, who taught the first semester, gave us a valuable introduction to basic principles of argumentation that we in Section Three are not likely to forget. Similarly, Professor David Fraser, when he decided to hold class, explained such tort law concepts as comparative and contributory negligence both lucidly and entertainingly. Unfortunately, if my Section Three friends and I are any indication, the Section Three student simply does not have a working knowledge of a contract or tort lawyer's vocabulary, let alone knowledge of contract or tort law generally. Evidently the idea of teaching any "black letter" law was anathema to Con-Torts' creators. This is not to say that I would prefer pure Hornbook courses in contracts and/or torts. But the fact that ConTorts' "text" is entitled "Cases and Materials on Lawyering," or words to that effect, is somewhat outrageous. Last summer I clerked in a Manhattan civil litigation firm. I was seriously disadvantaged by my lack of knowledge concerning substantive areas of law. For instance, on one occasion a lawyer asked me what I thought about suing someone for replevin as opposed to suing them under the doctrine of conversion. I told her, somewhat disingenuously, that I would have to think about it. I then proceeded to sprint to the library to find out what in the world replevin is. But anecdotes cannot fully express the lack of actual knowledge, and if not knowledge then at least vocabulary, that I am missing. by Tracey Wild awesome power to change a few students' legal destinies. In those 20 minutes it is critical that interviewees make a competent, confident and professional impression that befits their status as potential associates. This includes good grooming and a keen sense of accessory coordination. As any recruiter will tell you, looking good is only half of the interview. Only ourfirst, second and third year students can benefit from a sample of recruiter-preferred responses to some of the most commonly asked questions in an interview. (Try practicing these wearing a burgundy tie.) As law students we are fairly busy. It should be possible to learn contracts and torts without having to consult a "nut- shell" book in our free time, which is, I believe, how Professor Schlegel suggested that we learn the "black letter" material. This leads me to myfinal criticism. While Grant Gilmore and others may feel that "contract law is dead," the fact remains that people in the world talk about contracts and contract law as if they did in fact exist. Accordingly, we as students might be helped more if we could speak the language of contracts (and torts) that lawyers actually use. Although you would never know it from taking Con-Torts, lawyers do actually use terms like "liquidated damages." I want to stress that I am not writing as a right- or left-wing person but as a student and as a consumer. Whether one wants to support or destroy the current social, political and legal system one must first learn the language used by one's friends, or enemies, whichever the case may be. Con-Torts' emphasis on lawyering as the making of arguments has a place in the first year curriculum, but it should at no cost overshadow the importance of learning basic legal terms and principles. And for the ReallyBig Money The Definitive Answer is . . . As inevitable as homework, the fall recruiting season is upon law students entering their second and third years of study. Only the biggest firms can afford to comb the continent for the best and brightest legal talent our institutions can provide. After overcoming the crucial resume process, a firm may express an interest in meeting with applicants. The personal interview becomes a student's important opportunity to shine. Many are called, but few are chosen to travel the coveted paths of hard work, fortune and glory. For the next few years, recruiters will concentrate their search within our own academic community. Predictably, streams of faceless candidates will meet and shake hands with these men and women who possess the Question: So, tell me why you wanted to become a lawyer. A Good Answer: I've always wanted to become a member of the second oldest profession. A Better Answer: / want to make $800 a week. Question: Why did you choose SUNYAB to begin your legal career? A Good Answer: It was in my price range. A Better Answer: / didn't like the dorms at Harvardand I have a prison record. Question: What was your LSAT score? A Good Answer: I'm sorry, I don't recall. A Better Answer: Fifty. What was yours? And Finally: What can you bring to our firm? A Good Answer: Myself. A Better Answer: Uncut cocaine. Remember, never let them see you sweat. Good luck and good interviewing. �Res Ipsa Loquitur by Daniel Ibarrondo Nuclear Physicist/Brain Surgeon Looking for a Job I just love seeing people in suits and dresses going through their first interviews, second interviews, third interviews and so forth. Trying to get a job is not an easy job. In fact, it's a job in itself. These are important times for my upperclass colleagues. The failure in not getting recognized, i.e., a job offer, can be crucial to our careers when we graduate. The scramble for the $1,000-a-week job is costly while you're a student. The bills for haircuts, suits, ties, dresses, hosiery, shoes, fingernail polish, etc.. can be expensive. . And after you're done with the clothing aspect, you have to get a resume that matches your outfit. Or possibly several grey-suit grey resresumes ume, beige-suit beige resume. — Word of advice: don't try black or blue. Resume preparation is an imintellectually and portant stimulating job. You have to rack your brains to come up with the "right" word. I remember when I was an undergraduate I worked in a pet shop cleaning fish tanks. After days of searching for the right job description and making numerous drafts of my resume, I came up with "marine biologist." It wasn't easy but it summed up my job description in a few words. I had fulfilled one of the main ingredients of a perfect resume! So what the hell if there's a big difference between what I write and what I practice? My motto was, "If the Bork can do it, then it's not pork." (Okay, so I was a little advanced for my age.) Quite frankly, I always had a hard time getting a job. Every employer would give me tons of papers to fill out with repetitive information. I got smart when I had rubber stamps made listing all my jobs, education and skills. The joke was on me when they wanted the same information from my maternal and paternal grandparents. I had just arrived here from Puerto Rico and was just getting used to the English vernacular. I knew I needed a "trabajo" for the summer and so I figured that I begin by looking up the word "job." Webster's dictionary stated, "the position in which one is employed." Filling out those forms can be tedious and tiring. It takes a lot out of you. Towards the end of the summer I had given up all hope of working. I was desperate for employment.I would cir- cle the part that said "sex" and write yes on the dotted line. Just give me a job, please! Hey, I didn't know any better. I thought I was pursuing this matter by the book. In the meantime, while law students continue to lie, I mean "spruce up" their resumes with professional-sounding words (I saw one resume that stated Moot Court, Fall 1987 when the damn verbal horse race hasn't started yet!), I will sit back and enjoy the fashion show. Since student loan checks will be coming in soon and I'm not in the running for jobs, I have set up a corner next to Syms (and don't tell me you don't shop there because I SBA Briefs know you didn't really pay $500 for that Pierre Cardin suit and if you didn't go to Syms you're not an educated consumer, ask Marcy) where I'll cash your checks up front at 10 percent interest. Also, because I'm not allowed to advertise my services in this paper, I know somebody who'll give you a good price on typesetting your resume. I've seen some pretty nifty suits and dresses being modeled in John Lord O'Brian Hall. Looking gooood!!! And please, to reiterate the words of an esteemed colleague, do not, I repeat, do not wear polyester. It's evidence of a criminal act. Speaking of clothes, will somebody tell you-know-who to stop wearing those plaid shorts? Winter's in, buddy! by John Williams SBA Holds First Meeting, Student Survey is Planned The SBA held its first meeting on Monday, Sept. 21, at which the new directors were introduced and some basic guidelines were discussed on how the meetings are run. From that meeting I got the impression that we have a very energetic, committed group of people who have come to work on issues that they believe are important to the school. At the meeting directors voiced great concern over the management of the financial aid office. For the most part the directors were upset over the delay of student loans. It seemed to be a genuine consensus that it was not the fault of Bill Hart, but that of the administration. It does not seem rational that the Law School would allow a full time student to handle a job that demands the attention of a full time employee. At our next meeting we will extend an invitation to Bill Hart as well as someone from the administration to come and discuss the overall operation of the financial aid office. We also established a publicity committee. This committee will be in charge of getting the word out about SBA issues and functions. It is our hope thatthis newly created entity of the SBA will help eliminate some of the communication problems that plague this law school. The committee has representatives from every class year. During the course of the meeting it became evident that we needed to poll the students on what issues we should be taking on. We will start a survey that will be circulated throughout the student body. The purpose of this survey is to give us direction and the ability to plan in a practical manner. Due to our limited resources (people & money) we have to form an agenda that is practical and plausible. A survey will help us achieve such an agenda. We established a parking task force that will work in conjunction with the Graduate Student Association to tackle the problem of parking. It is important for the students at UB to show unified opposition to the parking problem by working with all campus organizations. The SBA has also decided to take on the responsibility of compiling a student directory for this year. The desire to continue a student directory was brought on by the favorable response to last year's directory sponsored by Phi Alpha Delta. Way to go, PAD! Take Two By a unanimous vote it will be a policy of the SBA that all clubs and organizations acknowledge that they are funded by SBA. In the near future all posters or flyers will have to have the words "SBA Funded" on them. We have decided to do this to alert the student body to what activities we are responsible for. On a more personal side, we have done this to avoid the question, "Where does my activity fee go?" We would like to thank the students for one of the best voter turnouts in years. We hope this is a sign that apathy is not enrolled in this school year. SBA meetings will be held on Tuesdays at 5:15 in the Student Lounge on the first floor. Everyone is welcome to attend. by Tom Gagne First Year Student Undergoes Dreaded Metamorphosis by Tom Gagne There's no denying it. The once relatively settled make-up of my mind is being seriously altered by this whole law school thing. Example: The other evening, one of my less gastronomically gifted roommates was cooking up a particularly noxious concoction for his dinner. I was what else? studying, when suddenly my room was invaded by what smelled like Leftover Night at The Oliver Twist Penal Institution for Boys. I tried to steel myself against the onslaught, all to no end. I decided I had to once and for all confront him on this issue. Calmly, I walked into the kitchen and asked him if he would either make certain the fan was on full blast before he even went to the refrigerator, get a new recipe, or give up cooking altogether and resign himself to Mike's subs. "Eric," I said, and I was now admittedly getting a little flustered, for I was within viewing range of his mad creation, "your dinner is, is, positively a nuisance." That did it. Eric, you see, is also a first year student. Now he could easily shrug off my previous lay admonishments — — with a grin, but I had gone too far, as far as he was concerned, in bopping him over the head with a legal term. He shot back, "Oh yeah, well what makes you think you have an entitlement to crystal clear air around here anyway?" "Entitlement!" I parried. "Clean air is certainly more than a privilege!" And we were off. Example: Two of my housemates were arguing as to who should be allowed to study in the living room where there's much more space to spread out. One of them had been using the living room as a study area since the beginning of the semester, while the other had recently begun to look at the space with a covetous eye and now wanted his turn. Each was making conventional arguments of advantage when the incipient legal beast within me blurted out, "Well, according to the theory of first capture, the living-room-asstudy-area belongs to the person who first used it as such. Unless you consider the idea that the space belongs to the person who invested the most amount of time, money, and labor into fixing it up." They both suddenly stopped in their disputatious tracks, like kids, who when they get their first minibikes leave their old three-speeds to rust in the garage, and eagerly take off on their newer, faster, and more powerful conveyances. We were warned that law school changes the way we look at and think about the world, and that it's important we not spin ourselves into "legal cocoons." Was what I experienced above the gentle legal jousting necessary to the growth of an attorney, or was I undergoing the initial stages of a more radical metamorphosis? Was I soon to awaken to find myself .. turned not into X.'s beetle, but into ÜB's lawyer? I quickly perished the thought, even if it did, prima facie, possess a modicum of validity It's not just that we're being taught an arsenal of legal terminology with which to do battle, although this is one of the continued on page 10 The SBA Treasurer Reports... by Kimi King At long last she has resurfaced. My apologies for not having put a notice in the last Opinion. Now that things have settled down, it is time to start talking money! All vouchers that were submitted over the summer and in the beginning of this year have been turned in for processing this last week. It should take seven to 10 working days for payment once the voucher comes backtothe S.B.A. office. When your check arrives, I will place a notice in your mailbox letting-you know that you can pick it up at 112 Talbert. These first few checks may take awhile since it is the beginning of the year. Of critical importance to all student organizations is the fol- . lowing information.Due to new SUBthrough BOARD I, all vouchers must be submitted in advance of the actual purchase. Yeah, that's right. this means that you people are going to have to estimate the amount of expected purchase and submit it in advance to me, so that processing can begin. I know that this is going to cause confusion and pandemonium in the halls of O'Brian, so in order to help out I am going to hold the following sessions to explain the latest trends in fiscal fashion: Thursday, Oct. 1 —4:00 p.m. Monday, Oct. 5 4:00 p.m. Wednesday, Oct. 7 5:00 p.m. All treasurers of the student oganizations must attend one of these meetings. If you canprocedures not make it, then another exec- utive member of your board should attend as your proxy. At that time we will go over the voucher process, responsibilities of your organizations to receive funds, ideas for fund raiscontmued on page 10 — — September 30, 1987 The Opinion 9 �Miss Social Procedure Dear Ms. Social Procedure: What is the correct ensemble to wear when sliding down the slippery slope? JerryF. Lynchburg, VA Gentle Reverend: While I will respond to your question concerning appropriate dress, it is your attitude which concerns me. A truly tasteful slider would always observe the time rule of no white shoes or handbag before Memorial Day or after Labor Day. Avoid plunging necklines for obvious reasons. As my colleague, Miss Manners, once quipped, "To display one's bosom is poor taste, to display one's lack of bosom is poor judgment." Dear Ms. Social Procedure: How can I respond to people who question whether or not I have interviews and/or a job? Gentle Reader: I'm sure that your initial thought is rude so I caution you to take a deep breath. Fix a very small smile on your face, one that just possibly could be mistaken for gas. As always, the proper reply to an unappropriately personal question is, "Why Boffo, how sweet of you to be concerned." A hollow laugh is optional. Dear Ms. Social Procedure: I've noticed that everyone is getting so nasty! Can it be true or am I just being nasty? Gentle Reader: This is a true law school phenomenon. There is no such animal as a discussion between two or more law students it is always an argument. The rise of rude behavior in the general population is directly proportional to the number of graduating lawyers. My suggestion is that Pieper offer a decompression course immediately following the Bar where one can re-learn that "What do you mean by that?" is not the best response to "Hello, how are you?" — Dear Ms. Social Procedure: Do you thinkBork will be approved by the Senate? Gentle Reader: Tsk, tsk! Political questions are not my milieu! However, an alternate approach to such cerebral issues can be found in a hairstyle analysis. Judge Bork appears to patronize the same barber as Will Rehnquist, Sandra Day O'Connor, C. Everett Koop, Don King, Alan Freeman, Fred Konefsky, Woody Allen and various counsels in theI ran-Contra hearings. As you can see, it is weird hair that catapults celebrities into high places. I'm afraid Judge Bork is a shoe-in. Dear Ms. Social Procedure: Why is it necessary to wear either a grey or navy blue suit? Interviewing Gentle Interviewee: I'm shocked that this common knowledge has not reached your ears! A grey suit alerts the interviewer that you are dull and boring, an assetto the firm. Navy blue assures the world that you are unaware that you have dandruff. Dear Ms. Social Procedure: Can you recommend a tasteful place to eat on campus? Gentle Reader: I'm not sure whether by "tasteful" you are referring to the food, service, or ambiance so I will attempt to answer all of the above. As the celebrated hypochondriac, Davey Warbeck once said, "Sadie darling, were it merely starchy or insufficient I wouldn't peep, but actual poison merits comment." While not a gourmet critic, I feel safe in offering a general caveat: service is spotty and ranges from the unfailing cheer of Ursula at Baldy walkway to the grumbling and dirty looks of those employed at Talbert. I recall early one morning when an unsuspecting patron attempted to purchase a cup of coffee at 7:59:59. It was not a pretty sight. The incident received top billing in the Reporter's 2222 column space, outdoing the usual accounts of the misdeeds offlashers and pantythieves. The atmosphere of the various eating areas is similar to the whole of UB uncomfortable and unpleasant, with maitre d' Steven Sample mumbling, "What's your hurry, here'syour hat." — problem for law students as it has been ever so long since most of us have done anything in which we are truly interested. Nobody remembers life before law school. What did we think about before we came here? I think the first step is remembering, indeed, perhaps being retrained, how to think. There can be little doubt that the experience passed off as a legal education is, in fact, a frighteningly subtle and ingenious method of performing frontal lobotomies. Your question indicates that the operation was ineffective in your case and that you should don a hat and run for your very life. THE PASSWORD: bophn Dear Ms. Social Procedure: What is the correct thing to do if in the middle ofone's fifth semester oflaw school one finally realizes thatlaw is thelast thing he wants to do? 415 Seventh Avenue, Suite 62 New York. New York 10001 Wondering Gentle Reader: Your problem is shared by many others and is a particular (212) 594-3696 (201) 623-336} Take Two more notable results of lega, study. Words in themselves are far from irrelevant, and the astute attorney will constantly be on the lookout for blockbuster terms which will help her sell her case. But, aside from the legalese, we seem to be learning to microscopically focus in on and dissect factors surrounding a given legal problem. This microscopic analysis also seems to be at the root of legal reasoning. It borders on the scientific; indeed, law could be considered to be one of the "soft" sciences. But, like many other things in life, a modeof thinking can cut both ways. Although it's stressed (as sort of a damage control measure) to always consider the broader from page 9 implications of a legal notion, concepts of social justice and constitutionality find their way into the consideration of very few attorneys. For the majority of us, these more abstract concerns will enter and exit with the landmark cases we're now reading, where the issues are so pregnantthey beg for high rhetoric. We should bear in mind that as practicing attorneys we'll be dealing with important, though something less than earth-shattering matters. We simply won't have the opportunity to speculate seriously on the more esoteric ramifications of a legal ' question. This microscopation of our minds will no doubt serve us well when we're out there prac- ticing, trying to do the best pos- sible jobs for our clients.Knowing how to focus tightly in on problems will also probably help us in other life-arenas. But is this enough? Will our perspectives narrow so much that we'll simply leave off trying to look at the big picture? Will we become so legally oriented and tunnel-visioned that we'll never pick up a novel or a book of poetry, or not trust someone attheirword because there's no consideration? These bleak possibilities won't have to occur as long as we keep in mind that law is not the alpha and the omega of ways to think about the world. Like other disciplines, it should be thought of as a tool one can use in the difficult job of thinking for oneself. If we at least keep this in mind, then in the end we'll be striving to live up to the name of homo sapiens. Treasurer Reports ing (if you are interested) and just generally give you info that is going to be crucial for the upcoming year's activities. If you cannot make one of these times, please see me in advance. If I have to give 25 separate consultations, it's not going to be pretty! This year I really want to organize this process so that the organizational agendas run from page 9 smoothly. I know that some of you were disappointed in terms of your funding levels from the spring allocations, but maybe we can work on doing some alternate tapping of resources around this place. For those of you who have ideas about what you want to see done around this place, we welcome any and all feedback. One thing that the S.B.A. wants to concentrate on this year is in becoming more visible around here. If you have any questions I encourage you to stop by the office (Room 101), stop one of your class directors in the hall, or leave notes in the Executive Board's mailboxes. We are only here because you are THE OPINION FALL 1987 PUBLICATION SCHEDULE ISSUE DEADLINE LAYOUT PUBLICATION 28:3 September2l September23 September3o 28:4 October 5 October 8 October 14 28:5 October 19 October 22 October 28 28:6 November 2 Novembers 28:7 November 16 November 19 This schedule is subject to change. Copy deadline is 12:00 noon. All submissions must by typed and submitted to the Opinion office, 724 O'Brian, Zulma Bodon, Box #628, or Krista Hughes, Box #738. Layout begins at 6:00 p.m. in the Opinion office. 10 The Opinion September 30, 1987 Novemberll November24 . �1 AmericHJi Red Cross UB LAW & UB PHARMACY O'BRIAN HALL TUESDAY, OCTOBER 13 9:00 A-M- T^8:00 P-M * Long arm the law of board Februay 1987 2, DAILY NEWS Monday, Law school grads grind for the big one By GAIL COLUNS Duty NtoSWIWiw An unidentified student walked into the BAR/BRI law board preparation lecture at Town Hall the other day, flashed a "V" sign and then vanished, grinning, forever. on W. 43d St, stoically conThanks to a change of NEWSPAR* PICTURE YORK'S NEW heart by law board graders, he and 29 other summer flunkees had been rescued from a winter of four-hour eurveys of contracts, torts and suretyship. "Can you imagine that? It would be like winning the lottery—my God," breathed Fred Tecce. A recent emigre from Pennsylvania, Tecce is taking the boards for the first time this month, and thus has no hope of a last-minute reprieve. The Happy 30 missed passing the summer boards by a single question, and were salvaged by a persistent fellow victim who convinced the Board of Law Examiners that multiple choice question 28 had two possible correct answers. "It took me weeks to realize I wasn't going to have to take that test again—and that I would never have to sit through another review lecture." said one of the 30, who is now tending bar and requesting anonymity. Wrinkled warriors Last Friday night, hundreds of less fortunate young men and women—dressed for success but wrinkling rapidly—were slumped in the plush red seats at Town Hall templating the prospect of a four-hour review of the wonders of commercial paper. "This is terrible," said Janet Ramusack, 29, who had been napping on the shoulder of her seatmate, Phil Levine. "We knew each other before," explains Levine. "This jom* hocmjaiv news STAN CHESS lecturing law school grads preparing to take bar exam. is not a bar exam romance." Preparing law school graduates for the bar exam is the discount rates for repeat The scene, he says, was a psyching up the victims. a mini-industry. BAR/BRI, customers. ("Those students had cocktail party, where two lawyers who served as gradwhich rents Town Hall for its "The last place they want peaked.") lectures, draws about 4,000 to be is Pieper's course," Chess, whose students ers for bar exam essay questions were having a casual local customers a year for says John Pieper, who runs have included retired Weathsummer and winter sessions, another popular lecture erwoman Bemadette Dohm conversation. at up to $825' a head. series. "It's almost like going "Suddenly one of them (who passed the first time to a 42d St. peep show. You says: 'What do you mean 10 is The winter classes, veterout) and Robert Kennedy Jr. ans say, are much bleaker don't want to be seen." (who didn't), says the very the high score and zero is the than the summer ones. "They To motivate the flunkees, worst story about bar exams low score?' For five years, it laugh at your jokes more in Pieper says, he ever heard happened in turned out, he'd been grading he out: points summer," says BAR/BRI dievery paper backward." Vermont. "How fortunate they are. rector Stan Chess. There are a lot of people who Most winter students work never got into law school." ©19&7 New York News Inc.. Reprinted with permission all day, go to lectures all Sagas of students rescued evening, and spend Saturfrom disaster or into plunged days at the office. "During by errors in grading the week we can only put in despair the law boards are a popular seven to eight hours a day, topic at Town Hall these winwhich is not enough for a law ter evenings. firm," said Ramusack. On There was, for instance, Sunday, she added grimly, the dreadful time a computer she returns to Town Hall to error was uncovered, giving watch movies of missed 35 new people a passing lectures. score, and causing 26 others The winter crowd's, dewho thought they were is pressed mood not imalready lawyers to flunk proved by a heavy concentraretroactively. tion of summer bar exam "That was 1980—it was casualties. No one's, spirits said Piepappeared to be elevated by er. who had a lot of trouble (bwabn September 30, 1987 The Opinion 11 �What To Do With Your Copy of The Opinion BUFFALO BLUES I hear the joyful sounds of latin drums, percussion and rhythm penetrate the brick walls of John Lord O'Brian Hall. My mind wanders as my feet tap in beat on the red carpeted floor of my law school classroom. The Newspaper "Fold-A-Pope-Hat" notions of horizontal and vertical equity escape my mind as I inhale the sounds of sweet salsa music. Start with four two-page sheets of newspaper, stacked one atop the other. STEP 2: Fold the top two sheets up. BotTom edges should meet edges of folded corners. STEPI: Fold top corners of all four sheets to center. .■ stfii STEP 3: Fold the same two sheets over again. _// 1T>\. "I love you my sweet dark-skinned woman," the lead singer yells with that warm, passionate tone not found on Amherst campus. Visions of white sandy beaches, blue oceans, Creole souls and old Spanish forts envelope my existence. The sound fades as the Haig-Simon concept of income sinks into my brain. Gone this orgasmic experience as 1 return to listen to the problems of the landed gentry. Daniel Ibarrondo STEP 4: Filp over. Fold remaining iwc pages up once. Bottom edges should line up with bottom of front fold. /TV / — / . _ .. .. yI X , ] .•:.'.... J r-yf , Line \up here \ .. >n I '—' STEP 7: Fold up bottom flap to even with the boftom edge of the from / N. \ = \ To even with front T edge I AbOUt NeWSddy i COMPLETED POPE HAT: I>v C y i Back i § Front -- from page 3 artist Susan Kerr, at 4 p.m., Artists' Gallery, 30 Essex St. Malley and Kerr have been working together on this exhibition, which is mainly photographic, for the past year; it is based on an investigation of the art, ideology, and lives of Russian women artists of the Avant-Garde (1905-24). This show will run until November3. October 18: Poet and fiction writer Becky Birtha will be reading from her second volume of short stories, Lovers' Choice. This reading, coordinated by EMMA, The Buffalo Women's Bookstore, (nation \ I ! will be at 3 p.m. at Niagara Erie Writers (new space, 7 West Northrup Place, located in the old Granada Theater building.) In stories that are at once vibrant and quietly reflective, Birtha describes the possibilitiesand problems of claiming an identity in a world that marginalizes lesbians, women and people of color. Birtha, a former member of the SUNY Buffalo's Women Studies Poetry Workshop, has been published in numerous poetry and fiction anthologies and will be signing her new book after her reading at NEW. L WHO? The Newsday Summer Journal- , Newsday, the nation s9 h largest newspaper, is based .n Melville Long Island for the Long9 s and edition and in Manhattan for New York Newsday. It has a circulation of more than 620,000 daily and over 680,000 on Sunday. Most of the readership is in Nassau and Suffolk Counties, Long Island, the 9th largest metropolitan market in the •country, with a population of 2.8 million. Rapid growth in New York City has made Newsday the fastest growing newspaper in the country for the second year in a row. The newspaper has won eight Pulitzer Prizes, including ones for commentary and international reporting in 1985 The newspaper has been chofen as one of Americas -10 best newspapers in numerous surveys. It has always been Newsday s policy to seek the best qualified applicants. In keeping with this, Newsday is an Equal Opportu- nity Employer,pursuing a vigorous ism F*rogram is designed for sophomores, juniors and seniors who have a commitment to purnalism and who are interested in a newspaper career. For the Summer Journalism Program, Newsday s affirmative action goals are as ,ollows .' Come and Meet J. GARDINER PIEPER, J.D. LLM. , WHAT? More than 30 paid positions are avaMab|e under this program witn abou " re P°rt s .. ' as interns (news f» ™™ ed,,ors artis,s and ,he rem a n J f On Tuesday, October 6, 1987 3:30 P.M. . ns and as editonal aides performing clerical functions for newsroom editors WHEN? For mid-June At Buffalo Law School Room 108, O'Brian Hall 10 weeks, beginning ii/urno WHERE? At Newsday s headquarters in Melville, Long Island, about 35 miles east of New York City arfd at the New York Newsday headquarters in Manhattan. Please come and learn about the Pieper New YorkMultistate Bar Review Course, the New York State Bar Exam and the Multistate Professional Responsibility Exam. |_|/"i\A/O ""UW f Further information and appliin summer internships in reporting, editing and editorial aide positions can be obtained by writing to: Barbara Sanchez Editorial Personnel Manager cations for those interested . This is your opportunity to meet with Mr. Pieper and become acquainted with his course, his teaching methods and hisanswerstothe many questions students have concerning the exams. Internships Newsday Long Island, New York 11747 affirmative action program. phol Ji her lnterns should wrlte P I ,, ,„. Intern Coordinator/Photo Forty percent of the .nternships and 40 percent of the clerical positions should be filled by women. And because summer employment provides Newsday with a unique opportunity to train minority members, 20 percent of the internships and 20 percent of the clerical positions should be filled by minority members.' ,, Art|S ems shou|d wrj e Warren Weilbacher |n A) 1Qjrector 0 The Opinion September 30, 1987 A Completed applications (including writinge assignments for reports, copy editors andl aides) must be postmarked by December I 15, 1987 Newsday Summer Journalism Program 1988 12 "Judy" ) beyond V\s\--■■'"■ (°tner less fold / >r-—I I STEP 6 ' Repeat with other side. r • STEP 5: Fold all thicknesses from side to approximately Vh" beyond center. ~. Adjust size by S fol(jjng more I I I PIEPER REPS: Diana Harris James McClusky Margarita Ramos Thomas Theophilos Miae Park William Grieshober Martin Pekin Mary-Jo Herrscher Sharyn Duncan Susan Rogue Thomas Colson Shelley Rice Terrance Flynn Amy Sullivan �MISSING HAVE YOU SEEN THESE FEOFLE? , -, * ! *"! </ , ' W%I/■ Hf / / IH "wßky "■ \ *fff- » fs / / ■ / September 30, 1987 The OpinionPagethiren 13 �Job Hunting Tips If you are interested in a public interest career, you've come to the right school! Besides an active public interest student organization, there is a public interest advisor, Karen Cornstock. By being placed on the public interest mailing list, you will receive notices of available public interest internships and positions. Karen is always happy to review resumes and cover letters for public interest positions. In addition, CDO co-sponsors the Public Interest/Public Service Symposium in New York City each spring. This worthwhile program offers the public interest-oriented student the opportunity for a job search among a group of assembled organizations committed to from page 7 that area. Student resumes are accepted, and job interviews are granted. Again, see CDOfor details on this. Once you've done all this and have acquainted yourself with the area of the law you wish to practice in, the next thing to do is get that position! CDO maintains a "Job Book," in which listings are kept on various legal positions, as well as the bulletin board outside CDO. Also, firms and organizations recruiting for positions are brought to the school each year for student interviews. Notices of these recruitment trips are put up outside CDO, although for large firms, the deadlines have long since passed you by. If you're interested in small firms, you have a little more THE PASSWORD: f \O\ \ \ \]-\ ~) V~~) 415 time to play with, but you must get moving now. Your resume should be prepared and you should have copies of your unofficial transcript and writing sample. Students are frequently caught without these two; one should always have them available at all times. Assuming you've identified the firm or organization you wish to apply to, you should then research it. Learning about the firm and its strengths and opportunities is the one thing that law students fail to do most. Once you've learned about the firm (contacts are important not only for the leads, but for this information too!) you should set up an interview. This is where CDO comes in. However, remember CDO assists the student; it doesn't do the work for the student. The first thing to prepare is your resume. CDO, always bombarded with questions and pleas for assistance, will be glad to help, but asks that you help yourself first. In other words, attend a resume workshop pr/orto seeing CDO (orthe Public Interest Office, if that is Seventh Avenue, Suite 62 New York New York ,0001 - (212)594-3696 (201) 625-J363 your career choice) for help in putting together your resume. Resume workshops will begin in late October and they're not justfor first year students! Of course, first year students should make definite plans to attend, as they will need to have theTr resume in order before Christmas. — Along with the resume, an interesting and well-written cover letter will do wonders in getting you an interview. Do not look at this as an unimportant resume enclosure. Many times, it is the cover letter, and not the resume, that secures the applicant an interview. Again, CDO is happy to help, but you should attend a workshop prior to seeking help. CDO can also be helpful in assisting you with the initial contact, interview, and follow-up. You should keep CDO informed of the status of your job hunt. When you become aware that you will not be accepting an offer that has been extended to you, you should decline the offer immediately, so that you do not poison the CDO-contact relationship. To prepare for interviews, you should take advantage of the practice interviews that CDO sponsors. Groups of four students meet with real attorneys to practice techniques. At the end of each interview, the studentreceives feedback from the interviewer and the three other students. CDO sees this as a valuable learning experience about employers and the whole process, not just interviewing skills. Another service that CDO is currently putting together, which will be very valuable to students conducting their job search, and which will make that job search infinitely easier, is the computerization of a//employment data. The student will punch into the computer the area of law he/she is interested in, the geographic region, and what size firm he/she is interested in, and the computer will spit out all of the firms and organizations that fit into that description. Think of the enormous timesaver this will be! (If only legal research could be so easy!) One problem, though. Because CDO lacks enough people to enter the huge amount of data necessary to complete the program, this valuable program has been stalled. CDO asks any students willing to even an spend some time entering data to hour or two see them. In sum, if you're a third year student and any of this article came as a surprise, you'd better get hopping. Job security is about to pass you by! For second year students, you should be well on your way to making contacts and beginning the networking process described above. Next year will generally be too late. For upperclass students, if you are interested in working for corporations or medium to large sized law firms, you should be well on your way by now. If you wish to workfor Buffalo firms, you're pretty much out of the running. For firms outside of this area, you still have sometime, but not much. In two weeks, lots of decisions will have been made, and firms will be focusing on callback interviews. In Buffalo, it will all be over. For those interested in smaller firms, you still have time, but it would be in your best interests to begin preparing everything you'll need. Don't put it off. For first year students, you need to get started now. At the risk of adding to the stress of the current year, you should bear in mind that, in many respects, this year's grades are the most important you'll receive. You need to do well if you are to land a large law firm or other high-paying, competitive position. You should be attending the resume workshops and participating in the One-to-One program. Don't be left out in the cold. It may seem very early to you, but actually, deadlines for some summer internships will some be approaching soon before December. You should begin exploring the possibilities soon. Besides, it beats Civil Procedure. And there's much less reading! Remember, the job search or will be only as productive traumatic as you make it. — -4 j JS ,<g|ffi Jk HIM& imlllF ■ Jfjfei «ff~ Hk at fi g|| ii ii 1 M II ie American Express* Card can get you virtually everything from a leather jacket to a leather-bound classic. Whether you are bound for a bookstore ora beach in Bermuda. So during college and after, it's the perfect way to pay for just about anything you'll want. How to get the Card before graduation. Mm&te*.,. Mii l&Ekk. E& tfti ell It , X College is the first sign of success. And because we believe in your potential, we've made it easier to get theAmerican Express Card right now. You can qualify even before you graduatewith our special student offers. For details, look for applications on campus. Or just call 1-800-THE-CARD, and ask for a student application. The American Express Card, Don't Leave School Without Itf — — 91 t 14 The Opinion September 30, 1987 -HgGg — — �II emanuel law outlines review II *Substance; sum&5 um & ■ Steven Emanuel, the guiding force behind emanuel law outlines, has purchased the J/K Bar Review Course (BRC) and the Sum & Substance books and tapes from Josephson/Kluwer! Ah bb W I JsSL. . 3> %**Ml rti/}^^ Come under the emanuel umbrella! Contact your campus rep to get the details! BOOKS & CASSETTES __ __ emanuel/BRC 1 /__ For more information, contact your emanuel/BRC campus representative or our local office: EMANUEL BAR REVIEW, INC. National Headquarters 1865 Palmer Avenue Larchmont, NY 10538 1-800-EMANUEL (914)834-7546 Northern CA 129 Hyde Street San Francisco, CA 94102 1-800-EMANUEL (415)776-3202 Southern CA 10101 W. Jefferson Blvd. Culver City, CA 90232 1-800-EMANUEL (213)558-3100 Michigan Northland Towers West #501 15565 Northland Drive Souttifield, Ml 48075 1-800-EMANUEL (313)559-7606 Minnesota 1821 University Avenue, #331 St. Paul, MN 55104 1 -800-EMANUEI (612)644-6070 September 30, 1987 The Opinion 15 �FALL SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988,1989 & 1990 SAVE $150 o ) When you register early for BAR/BRl's 1988, 1989 or 1990 New York, New Jersey, Massachusetts, Connecticut, New Hampshire, Maine or Vermont Bar Review. You get the nation's largest and most personalized bar review and you save $150 off the current price. ($) mJJfibn BAR REVIEW The Bar Review That Cares About YOU.™ / / I 16 The Opinion September 30, 1987 \ OCTOBER22ND / 415 Seventh Avenue, Suite 62 New York, N.Y. 10001 (212)594-3696 (201)623-3363 \ The last day to save $150 is: \ ' ' ( 160 Commonwealth Avenue Boston, Mass. 02116 (617)437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 3 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4febc3e0ae7f88b8e4204ebcaef28a3b.pdf 9708122109ea5c8429d42f160524e65b PDF Text Text O THE PINION Volume 28, No. 4 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 14, 1987 Newhouse Calls for Consolidation of Office Space by Krista Hughes Allocation of office space among student organizations has suddenly become a bigger problem than it has been in the past. Dean Wade Newhouse called two meetings, on September 30 and October 7, with representatives of all the Law School student organizations to discuss a necessary consolidation of office space. The hiring of two new clinic instructors has necessitated the removal from room 506 of the Black Law Students Association (BLSA) and the Latin American Law Students Association (LALSA) in order to maintain a sense of centrality within the clinic program. Until this year, according to Dean Newhouse, we were trying "to mash 75 lbs. of potatoes into a 50 Ib. bag." But due to the increased demand for offices among student groups and faculty members alike, we are trying to fit "100 lbs. of potatoes into a 50 Ib. bag." As a result, Newhouse has called for "a general realignment based upon use." Several areas of O'Brian Hall are conducive to a certain degree of change, whether or not the resident student groups are particularly amenable to such changes. Based upon an examination of each room's square footage, Newhouse determined that many offices formerly occupied by only one organization will now have to be occupied by at least two. "We cannot continue with one organization per room," he stated. The Federalist Society office, room 505, is 116 square feet. Dean Newhouse has suggested that Phi Alpha Delta (PAD) also move into that office. The International Law Society will be moved out of 113, which it currently shares with PAD. Rooms 113 and 113Awill become the headquarters of BLSA and LALSA, thus making these active associations quite a bit more accessible. Offices in the basement have been pegged for some extensive changes. Originally the four basement offices were allocated to the Moot Court Board, which now occupies rooms B8 and 811. In response to a concern that the Board might be required to forfeit one of those offices, Newhouse replied, "There is no question that we are going to adequately serve Moot Court," and refrain from shifting around or taking any of their office space. Room 87, currently occupied by the EnvironmentalLaw Society, is by far the largest usable room, taking up a whopping 300 square feet. This is more than twice the size of mosst of the other student offices. Consequently, B7 will be Prof. Hyman: 41 Years at U.B. Law by Donna Crumlish In the spirit of the Law School's Centennial, The Opinion will print a series of articles conveying thereminiscences of those faculty and staff members who have been with the school for an extended period of time. The first article focuses on Professor Emeritus Jacob D. Hyman. Professor Hyman is in his forty-first year of service to the Law School. After graduation from Harvard, work in a general practice firm and work with the Office of Price Administration in Washington, D.C., Mr. Hyman came to Buffalo where he has remained since. He served as Dean of the Law School from 1953-64, at which time he was successful in assembling some of the first-rate faculty we see at the school today. When Hyman arrived in Buffalo in 1946, "the Law School was small but exceedingly good in light of its resources." Hyman had his work cut out for him with only five other fulltime professors and an increasing student population as students began to return to school after World War 11. "The small faculty meant that most full-time faculty came in contact with students two or three times in classes so there was a real interaction between students and faculty," Hyman commented. In referring to the nationwide campus unrest of the late sixties, Hyman implied that this high level of interaction between students and faculty did not remain constant. "There were shaky times, times when the whole university was shaky." The Law School at this time was located at 77 West Eagle St. and therefore separated from the rest of the University, but the gap between students and faculty was felt just as it was on the main campus. Hyman notes that with the state takeover of the University and the Law School, and the subsequent building of O'Brian Hall, the student population was expected to double from 300 to 700 students while the number of faculty was expected to quadruple. "The building was designed to try to keep the interaction between faculty and students as easy as possible notwithstanding the expected growth in student population We deliberately sought to avoid concentrating on huge classrooms." Student protest and tensions between faculty and students seem remote to students in .. O'Brian Hall now, where faculty-student interaction is once again at a high level. The Law School has always been interested in "bringing in people with other scholarly interests" to be a part of the faculty. During the years Professor Hyman served as Dean of the Law School, he took an active interest in steering the school away from the traditionally narrow professional conception of legal study that many law schools had.He wantedthe curriculum to reflect the role of the lawyer in the larger social context. In an interview with The Opinion in 1971, Professor Hyman commented that "pure scholarship should be carried on in law school. Not only must the legal system itself be examined, but the nature of the legal system in society and the soundness of the postulates of the society on which it works." This is a view he still holds today. He sees this type of development in legal study as a very positive aspect of the law school. Along with a sharply focused critical emphasis, Hyman said there has been "a much larger input of social science analysis for example, David Engel working on alternative methods of dispute resolution an issue we're looking at from the social science point of view." ... ... This type of outlook has helped Buffalo to distinguish itself from the other law schools. continued on page 8 housing the evicted International Law Society, the Asian Law Society, and the as yet unplaced Journal of Contemporary Law. Room 810 will remain unchanged and will continue to house the Association of Women Law Students (AWLS) and the Buffalo Public Interest Law Program (BPILP). There was some speculation that room 101, which is used solely by SBA and is 240 square feet, would be forced to accommodate up to two other groups. However, the potential to utilize room 113A, which the Dean had previously found inaccessible, frees up an office and eliminates the necessity to alter SBA's position. The newly chartered Phi Delta Phi fraternity was not represented at either meeting, but will doubtless need office space. Room 724, the cramped Opinion office, has been left untouched as has room 725, which houses Research and Writing and Legal Methods, and room 604, which is occupied by the Parents Law Student Association. Peer Tutorial is currently occupying Virginia Leary's office, room 418, but will have to forfeit its space in January when Leary returns from sabbatical. That, however, is an issue for Dean Filvaroff to address. SBA Secretary Kulla Resigns by Michael Kulla On October 6, at the end of the SBA meeting, I announced my resignation as SBA Secretary. It was a difficult decision for me to make. When I had a realistic look at my schedule, I knew that I could not contribute the time needed to handle the position. The secretary of any organization is important, as he or she must work well with the directors and the membership to keep the group running smoothly. I hope the person that takes my place will be able to devote the time necessary to do a good job. As for myself, I will now have more time to do my schoolwork, my job, and to participate in the Buffalo Public Interest Law Program. I want to wish John, Derek, Kimi and the new secretary the best of luck this year. I wish I had the time to work with them, because it would have been a rewarding and enjoyable experience. Loans Delayed By New Regs, Computers by Zulma Bodon The frustration of having to wait for Guaranteed Student Loan (GSL) money is just one aspect of being part of a large and complex university structure. The UB bureaucracy, combined with other factors, have caused major delays in the processing of student loans this year. According to Bill Hart, Graduate Assistant for Financial Aid, the first and most important cause of delay is the fact that the University does financial aid packaging first before GSL applications can be processed. This year the Main Street office did not finalize the packaging of law students' financial aid until after the middle of July. Thus, even though most students filed on time, the actual processing of GSL applications began in late July. Also, those who filed in July, mainly first year students, had to wait until the applications of those who filed in May and June were completed. But the question remains: Why did the entire process begin so late? Hart explainsthat changes in the University's financial aid computer system "pushed everything back." The lack of computer access has also made Hart's job a frustrating one. "Until last week we did not have a financial aid computer access up here, so I .. would have to go to Main Street I was basically restricted to two days a week for processing (GSL) applications." Another reason forthe delays has to do with a new federal regulation that went into effect in January of this year. According to Hart, the U.S. Department of Education has instituted a system called "verification" whereby students are selected at random and are asked to supply a number of documents such as tax returns and proof of citizenship. This, Hart noted, "is a way for them to check up on information thatthe student puts down on the financial aid form." This new regulatory procedure has created major delays because 30 to 40 percent of the student body at UB get selected for "verification," said Hart. This means that before financial aid packaging begins the University is required to notify those students who are chosen at random and to obtain from them the missing documentation. This process, said Hart, "takes time." The issue of undergraduate financial aid transcripts has also presented problems this year. Hart indicated that although a financial aid transcript has always been required as part of the law school applicacontinued on page 2 �SBA Describes Function of Law School Committees The SBA will be interviewing interested students on Tuesday, October 27 and Wednesday, October 28 for membership on the following committees: and to report to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semes- 1. Academic Policy and ter. Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library faculty member. Meetings are held when theCommittee has proposals to review; i.e., somewhat irregularly. 2. Academic Standards and Standing Committee(ASSC) This Committee acts on petitions from students for readmission or waiverof Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its r.eetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. 3. Admissions Committee This Committee sets general standardsfor admission and reviews files ofcandidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, four students, a Law Library faculty member and Deans Carrel, Newell and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. 4. Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to the full faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for two-year terms), two students, the Dean and one Law Library faculty member. The Chair is elected by the faculty members. The two student members are expected *o contribute to the process oi screening resumes, to organize meetings at which candidates can visit with a diverse group of students, 5. Budget and Program Review Committee (BPR) This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only when the VicePresident allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students. Dean Wallin and a Law Library faculty member. The three faculty members are elected by the faculty at large. 6. Faculty-Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievances against faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or engages in other forms of investigation. Its proceedings respect the confidentiality of the parties. 7. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of communication between the users of the Library and the Library staff. It is composed of four faculty members, one of whom serves as Chair, and four students. 8. MitchellLecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. 9. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for Lucinda Finley by Donna Crumlish Lucinda M. Finley, an Associate Professor of Law at Yale Law School, will be visiting UB to present herself as a UB Law School faculty candidate. A graduate of Barnard College and Columbia University School of Law, Ms. Finley has published in the areas of women and the law, bankruptcy courts, and medicaid. She has been involved in research projects on the impact of legal education and the legal profession on women and their career development, and the alternatives to litigation of toxic torts disputes. Ms. Finley will be meeting with students on the afternoon of Monday, October 19. The time and place will be posted; all students are urged to attend. 2 The Opinion October 14, 1987 admission, arranging the strucof the first-year Legal Methods program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. ture 10. Student Representatives to Faculty Meetings This Committee attends faculty meetings and represents student views to the faculty. The faculty meetings are chaired by the Dean and are attended by all faculty and the administration. The student representatives are invitees and hence do not have a vote on issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice President. 11. Committee on Resolutions This Committee will be in force on a trial basis for the 1987-88 academic year. Its sole purpose will be to function as a forum for any resolution coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will includeformal presentation of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors and three student members at large. 12. Finance Committee Chaired by the Treasurer, the Finance Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The Committee also acts on requests for student activity fee waivers and additional funding requests throughout the year. The Committee will be comprised of five students. 13. Rules Committee This Committee acts on recommended changes in SBA ByLaws or theConstitution. It also reviews activities and makes recommendations to the Board with respect to supervision and coordination of duly approved SBA organizations. The Committee is responsible for imposing sanctions (after a hearing) on any student organization for violation of SBA Contstitution or any rules promulaged pursuant thereof. It will be comprised of fourSBA Class Directors and three students at large. Interestedstudents must sign up for interviews by Friday, October 24. Sign-up sheets are posted outside the SBA office door. SBA Meeting: Debate Over Meaning Of "Political Activity" Continues by Fredericka Sands Voting members of the Student Bar Association (SBA) failed to reach a consensus on a motion to pass a resolution defining what constituted political use of mandatory student fees by SBA-funded student organizations at the October 6 meeting. The issue surfaced in response to a "Block Bork" table sponsored by the National Lawyer's Guild (NLG). The NLG sponsored an information, petition-signing, and letter-writing campaign aimed at urging Senators Daniel P. Moynihan (D) and Alfonse M. D'Amato (R) of New York not to vote in favor of the confirmation of D.C. Circuit Court of Appeals Judge Robert H. Bork to the Supreme Court of the United States. At the October 1 meeting of the SBA, opponents of the "Block Bork" campaign argued that it was inappropriate to use student activity fees to fund a political project. Spokespersons from the Guild responded by saying that the definition of political could be interpreted many ways by many people. And that everything is, in the final analysis, political. The intense discussion over how to define political activity drew suggestions ranging from drawing the line at activity which is directly involved in the political process (i.e. the road to political office) to calls for consistency (referring to a failure to fund a "Right to Life" group in 1985), to a motion Financial Aid tion process, "this requirement was not strictly enforced in the past." In fact, some second and third year studentswho thought they already had a transcript on file have recently been notified that they must provide this document in order to be eligible for financial aid. Hartalso attributes the delays to the failure of some students to take the time to fill out forms correctly. In some instances, he said, "they don't even fill it out "that SBA organizations are prohibited from spending SBA funds for any political purpose which is not eduational or informational in nature." After two hours of debate and no agreement, the issue was tabled for reconsideration at the next meeting. When debate resumed at the October 6 meeting a former student member of the SUNYAB Board of Trustees addressed the concerns of those who expressed reservations as to whether use of funds by the Guild, notwithstanding SBA guidelines, might violate state guidelines on political use of student money. The speaker explained that the term "political" had always been construed narrowly to mean support of political candidates. And that the issue really was not whether the Board of Trustees' guidelines prohibited the use at issue, but whether students through their elected representatives approve of the practice. Whether elected student representatives approve of the practice or actually know what the practice is, or should be, is still questionable. SBA President John Williams noted that the SBA has no set policy on what it considers political [activityl. He believes that more specific definitions outlining exactly what uses are and are not allowed may be a solution. First Year Director Kathleen Doyle said, "I think this could potentially infringe on every- ... legibly or don't put down the correct social security number." These mistakes, Hart explained, "really screw up the work because the person has to go all the way back to Princeton and get things straightened out before a new form is sent out." In the meantime the student has to wait, sometimes hoping to obtain an emergency loan until she or he discovers that emergency loans are not granted unless a GSL application has ... one's right to free speech. I don't think we should be defining [what constitutes] political speech." Other students expressed dismay that pro-Bork forces didn't simply erect their own table next to the NLG's. Third Year Director and NLG member Andy Bechard noted that it was "too bad that this much time was wasted. We should be able to do this without question. And that was obvious from the support we got at the meeting and among the directors." Bechard went on to say that the activity around the Bork nomination was an "educational and empowering act. It's not only educative but experiential. And fortheSßAtowantto deny someone that seems outrageous I don't feel that SBA can adequately define political activities; it's too gray an area." One hundred thirty dollars in duplicating costs and materials were spent by the Guild to sponsor the "Block Bork" drive. According to Bechard there has been discussion of fund-raising activities to replenish the funds used for the Bork project, and also talk of raising a pool of money for future battles. The NLG sent between 600 and 700 letters to Senators Moynihan and D'Amato, along with petitions holding about 350 signatures to the Senate Judiciary Committee. After weeks of inquiry and debate the Senate panel voted 9 to 5 to recommend to reject Judge Bork's nomination. .. from page I been processed and approved. This, Hart noted, presents serious problems because "we are not supposed to give out emergency loans unless the student has a loan on the computer which indicates that money is coming in." The law school has tried to help students in need of emergency money. This is done through the Emergency Loan Fund financed by the UB Foundation and the SBA. continued on page 9 �Legal Aid Society of NYC Seeks Public Defender , by Oliver Bickel Are you interested in landing a first job that woulr put you in the courtroom every day representing clients? Do you get satisfaction from helping less fortunate members of our society? If so, August Milton has a job that may interest you. Milton is Executive Assistant to the Director of the Legal Aid Society of New York City. He and Legal Aid attorney Sidney Lester came to the law school on Monday, Sept. 28 to present their organization to UB law students and to attract interested applicants. The Legal Aid Society is a private, non-profit, public service law firm with approximately 800 attorneys and 1,800 staff persons. The society operates out of 26 locations exclusively in New York City. It is divided into five divisions, the largest being Criminal Defense with over 500 attorneys on staff. Also, the society has Criminal Appeals, Juvenile Rights, Civil and Volunteer Divisions. The primary function of the society, according to Milton, is representing indigent residents of New York City who have been accused of Criminal acts. Since New York City has no public defender's office, all criminal cases are referred to the Legal Aid Society. The Criminal Defense and Criminal Appeals Divisions handle the defenses for these people. In 1986 alone, the society handled approximately 200,000 criminal defense cases. The society also represents indigent clients in Civil and Juvenile Rights cases, dealing with, in Milton's words, "meat and guts practical things" such as apartment evictions and child welfare cases. These divisions, with approximately 150 attorneys on staff, do not go through the same volumes of work as do the criminal divisions. Milton urged students to consider the advantages of starting a law career with the Legal Aid Society. Most importantly, he says, Legal Aid provides and encourages practical hands-on experience. After a five-week training program which stresses how to prepare for trial and how to defend, new attorneys immediately begin actual client representation. UB Law Recruitment Committee Seeks Some Artistic Students by Krista Hughes Professors Guyora Binder, Erroll Meidinger and Victor Thuronyi, and Assistant Dean Aundra Newell have been appointed to a Student Recruitment Committee which will be responsible for putting together the catalogue which goes out to students who are interested in coming to UB Law School. In an attempt to "improve the information available to prospective law students," the Committee is seeking the help of current law students who are artistically inclined in photography or drawing and who can "document the life of the Law School" from differentperspectives. The Committee is hoping to commission three for four people who can capture the daily life of the law school in pictures and help to present UB Law in the best possible light. According to Prof. Meidinger, they are acting on the assumption that "we have a fair bit of talent among students," and the Committee would like to harness some of this talentfor the benefit of ÜB. Students who do participate in the project will be given credit in the catalogue, and film and developing will probably be supplied. Interested students can meet with the Committee on Thursday, October 22 at 2 p.m. in the first floor student lounge. They are to supply samples of their work and some ideas for how to go about executing the project. Anyone who is interested but cannot make the meeting should contact one of the Committee members. PHOTOGRAPHERS AND ARTISTS Wanted to work on UB Law Recruitment Catalogue. Come to an informational meeting on: WEDNESDAY, OCTOBER 22 AT 2:00 P.M. In the first floor lounge. Contact: Profs. Binder, Meidinger, Thuronyi or Dean Newell. LEGAL MANIA Milton says the ensuing intensity of work pays substantial dividends, accelerating development of important legal skills and teaching how "to be a good lawyer." Lester, an attorney in the Criminal Defense Division for the past year, agreed, adding that if you can speak well and think on your feet you have an excellent chance to succeed. The work is challenging, he says, yet the Society gives excellent support by introducing the new attorney to the work by way of the training sessions and then assigning a preliminarily small work load. Further, there is constant communication between senior and junior organizational members to ensure positive development. Lester also countered two common criticisms of the Society. First, to the charge that the Society is underfunded, Lester felt he had more than ample support staff. Second, concerning the inherent moral dilemma the defense attorneys often face, Lester says that 80 percent of the time his clients are not guilty of the exact criminal circumstances with which they are charged. Milton says theSociety is looking for law students who have a desire for this type of work and who have shown an interest in criminal law. The starting salary for a law school graduate before bar passage 's $25,500 and after passage, $26,700. Further, each anniversary date nets a raise of between $2,500 and $3,000 and all staff attorneys are afforded a benefit package where, according to Milton, "everything is covered." If interested, second year students seeking summer internships and third year students seeking initial employment are encouraged to inquire about Legal Aid at the Career Development Office. Donaldson Presented An Insider's View Of Washington, The Press, and Politics by Krista Hughes UB opened its Distinguished Speakers Lecture Series on Monday, September 28 with a talk by ABC News White House correspondent Sam Donaldson. Donaldson spoke for about 35 minutes and then fielded questions from a standingroom-only crowd in the Slee Concert Hall. The lecture, entitled "Power and the Presidency," touched upon many of Ronald Reagan's personal shortcomings as a president, according to one of Reagan's main challengers from thepress corps. It was also an opportunity to showcase Donaldson's wealth, or lack depending on the issue, of strong opinions. Donaldson assured the audience that he would reveal his every opinion, and that "the less I know about a subject, the more opinionated I'm going to be." ABC's chief White House correspondent began his discussion by relating instances of President Reagan's trademark conversational faux pas, and of his personal inconsistencies. One example was Reagan's donation of $1,000 of his own money to a child who was desparately in need of a kidney transplant, but subsequent chopping of the federal budget to prevent the establishment of health care offices which would administer such transplants. Donaldson used this and other examples to suggest that is is not possible to dislike Ronald Reagan on a strictly personal basis. However, on the presidential level, "Reagan doesn't understand the details of the programs that are initiated under his name." While he is quite capable of getting what he wants, according to Donaldson, the president is generally unclear on the specifics of the plans that arise out of his demands. Donaldson went on to express his views on a variety of issues as suggested by hisaudience. Regarding columnist Bob Woodward's alleged meetings with late CIA Director William Casey, Donaldson remarked that "Casey had a romantic image of himself," and would have thought himself able to handle talking with the investigative reporterwhile he would not allow any of his agents to be interviewed. Donaldson also remarked that Woodward's good reputation and his own personal interest would prevent him from engaging in the kind of "stupidity" that would be needed to fabricate so publicly a "19 word line" of such significance. Other members of the press and the journalistic profession in general were also targeted for Donaldson's comments. When asked why journalists find it important to reveal the "personal qualities and goings on of public figures" such as Gary Hart, Donaldson jumped to the defense of his colleagues. As a "strong general rule we have no business using shotgun shuttergun techniques of asking personal questions." However, in Hart's case, the candidate challenged the press to follow him around, which the press did with pleasure. He publicly preached morality, but conducted his personal life without using good judgment as to morals. While Donaldson rejected using adultery as a moral "litmus test" he was critical of Hart's indiscrete conduct, his well-known practice of keeping company with women other than his wife. Gary Hart's public display of poor judgment and sagging morals necessarily raised the question of the man's "overall ability to conduct the duties of his office." Donaldson stressed that the role of the press in Hart's case and elsewhere was not to breed cynicism among the voting public. "I don't think we can take a nonissueand make it into an issue and destroy a candidate The power of the press is in bringing out the news" and letting the public formulate its own opinions. Another issue that Donaldson eagerly addressed was the nomination of Robert Bork to the Supreme Court. Bork has a very "pinched" viewof the Constitution, and Donaldson suggested that the televised Congressional hearings showed Bork to be everything his friends and his enemies said he is. Donaldson suggested that Bork should have shaved his beard or "sounded more homey." One other issue that Donaldson addressed regarding the presidency was Reagan's knowledge of the diversion of funds from the Iran arms sale to the Nicaraguan Contras. In view of Reagan's apparent general oblivion and the growing disrespect for the office of those around him, Donaldson maintained that Reagan was telling the truth when he said he really did not know. If Reagan did know, however, and is covering up that knowledge with lies, Donaldson did not hesitate in saying that Reagan "ought to be impeached and convicted by Con- .. gress." Donaldson's well-received lecture was followed by a reception attended by the luminaries of Buffalo's political, media and university scenes, where a good time was had by all. Miceli Pat October 14, 1987 The Opinion 3 �Stanley H. Kaplan has chosen his bar review. Tg± WTg\+ lQ lldl MI«WC TOH• 1\ m W For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's A decision an easy one yours should be too! fp Preparation is now available for CaliM The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica |h^^^ Ifc^^^ feH» «1 ftF I W *' - \|| ; gj gl\ Mm %v P 1!P ' yJBBm >»i. '"^^** W"MpTl J ~ U \ II .'." ' H iWil The Opinion October 14, 1987 JH W 1 ft mmmtl m |9| Effll W SS STANLEY KAPLAN ED. CENTER 1330 Niagara Falls Blvd. Tonawanda, NY 14150 716-837-8022 4 >S t jaß ■"'■»—»""""'" v/ .v /iSw J *~ mil in ft ft \r mmmm ,iS wk wk ff M ¥vj VBw/ HfttMsW VMM !|BB J|li> W *V jf - § fornia, Colorado, Connecticut, District of Columbia, Florida, Illinois, Maine, m Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New J& Jk Mexico, New York, Pennsylvania, Rhode Island, Texas, Vermont, M and Virginia. ft ft —<* ft HI �New Professors Teach Housing, Immigration Clinics by Idelle Abrams George Hezel currently George Hezel, teaching the Housing Clinic, is focusing on poverty law from a new perspective. Litigation, the reactive side of poverty law, is the traditional approach. Hezel, on the other hand, is looking at poverty law and especially housing law from a developmental perspective. The effort to develop low income housing in Buffalo using this perspective is a "different side of lawyering," said Hezel. The typical complaint about lawyers, he said, is that lawyers argue over who gets what piece of the pie, whereas others, like engineers, expand the pie. The developmental approach Hezel is using is one response to that characterization. It involves skills not typically identified with attorneys including coalition building, planning, hunting for resources and creatively packaging resources. The challenge of this new area of poverty law, said Hezel, is to be able to marshal and develop resources and to learn how community based housing "comes about." The students in the clinic are involved in three different projects to develop low income housing in the Buffalo area. These projects are unlike the housing developments that were spurred by the urban renewal programs of the 19605. Those developments were imposed by City Hall orwere a response to state concerns. The projects now being developed are all community based developments that were initiated by indigenous community groups. St. Anne's parish at Broadway and Emsley has a solidly built four-story brick rectory that is not being used. The church invited Hezel to help them turn the rectory into something that would serve the community. Using housing trust funds, the church hopes to turn the rectory into low income housing. The Ellicott District Community Development Corporation, a community group, purchased an architecturally significant fire house and wants to turn it into low income housing. Because of the architectural value of the structure, the procedures that must be followed during the renovation increase the cost significantly. Housing trust funds are not sufficient to meet the costs, therefore private participation is necessary. The project, to be successful, must attract passive partners who will benefit by the tax advantages. Community groups in the Broadway-Fillmore area, including the Polish Community Center, are also interested in responsible community development and are working with students in the housing clinic to develop a plan for their neighborhood. Hezel himself was "born and bred" in Buffalo and grew up in the Langfield Housing Projects. The multi-ethnic, multi-racial neighborhood "was a great place to grow up," Hezel said. He left the projects when he went to Fordham University in New York City where he earned his B.A. and an M.A. in Classics. After teaching classics in Rochester for several years, he returned to Buffalo to go to law school. He began practicing with the Legal Aid Bureau Neighborhood Division, now Neighborhood Legal Services, which was then a three attorney office located in an old candy store near Bethlehem Steel. The Bureau served the First Ward in Lackawanna on a variety of legal welfare, family, problems education, and employment Mexicans, law. Magyars, Greeks, blacks, and Yemeni were some of the groups assisted by the Bureau. In 1976 Hezel was hired to set up the Buffalo office of Prison- — — ers Legal Services, which he ran until early 1979. He then went to the new central office of Neighborhood Legal Services to manage the Housing unit, assisting people confronting sheleviction, ter problems mortgage foreclosure, public housing and subsidized housing. Hezel's leave of absence from Neighborhood Legal Services is an opportunity to take a "reflective pause, to develop fruitful avenues to investigate." Hezel "fit in" the low income housing projects as time permitted when he was at NLS. Teaching the clinic allows Hezel to focus his full attention on the development side of poverty law. — Ellen Yacknin "Teaching has always been something I wanted to do," said Ellen Yacknin, so when the opportunity came to teach the Immigration Law Clinic for a year, she took it. Yacknin, now on a leave of absence, has been Managing Attorney for Prisoners Legal Services (PLS) for the past five years. The clinic position offered a chance to do something otherthan prisoners' rights law. "Prisoners' rights law can be a really frustrating experience because there's virtually no segment of society that is sympathetic to the work you do," said Yachnin. "Even lawyers," she said, "need some sort of positive reinforcement and reaffirmation of the work that they do." She criticized the development of prisoners' rights law in this country. The case law, said Yacknin, gives prisoners almost no protection. Even when prisoners are given rights, the problems with proof are "almost insurmountable." The witnesses to any rights violations would be either guards, who are state witnesses, or fellow inmates, who lack credibility. The contrast that immigration law provides is a welcome change for Yacknin. It is an area that does have some support, she said, even though the ability of aliens to stay in the country iscontrolled bythelmmigration and Naturalization Service, which has "almost undaunted and unlimited power and discretion." With the passage of the new immigration legalization laws and the new employment sanction laws, this is an especially exciting time to practice immigration law. "People are aware of immigration problems in a way they haven't been before," Yacknin said. In addition, Buffalo, situated on the Canadian border, is in a unique position to do good and important immigration work. The clinic provides a real service, she said. continued on page 9 BAR/BRI vs. PIEPER 29 Reasons why most people choose BAR/BRI 111 BAR/BRI Director Stan Chess and Associate Director Steve Rubin, both attorneys, make their home telephone numbers available to all students. The Pieper course provides no access to anyone during nonbusiness hours. For the other 28 reasons, contact your BAR/BRI representatives to/fen BAR REVIEW THE BAR REVIEW COURSE THAT CARES ABOUT YOU" October 14, 1987 The Opinion 5 �THE OPINION MAILBOX OPINION @Bm STATE UNIVERSITY OF NEW YORK AT BUFFALOSCHOOL OF LAW " — October 14, 1987 Volume 28, No. 4 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Tom Gagne, Michael Kulla, John Williams. Contributors: Oliver T. Bickel, Andrew Culbertson, Molly Dwyer, Kimi King, Pat Miceli, Fredericka Sands. Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. c Composition and Design: Words and Graphics, Inc. UB's Financial System Ailing For many years the Law School has had a graduate assistant to serve as a liaison between law students and the financial aid office on Main Street. In fact, we are the only professional school with a graduate assistant serving this function. The existence of this position is a recognition that it is in the best interest of the Law School to have a "go between" person who can cut down on red tape. Bill Hart, this year's graduate assistant, has had the c ificult task of performing this role. In the process, he has found himself in the middle of an overwhelming and inefficientfinancial aid bureaucracy. His effectiveness as a service provider, therefore, has been impaired. This year's delays in the processing of student loans is a good example of the inefficiency of our financial aid system. It is true that each one of us contributes to the problem when we fail to fill out forms "correctly" and "legibly," or don't supply the required documentation on time. But it is also true that in spite of our individual efforts some of us somehow get screwed because of a malfunctioning financial aid structure. The new federally mandated "verification" of student documents and the restructuring of ÜB's computers have been cited as factors causing the delays. But delays are not necessarily caused by changes in procedures or mandated enforcement; they are created by the failure of those in charge to take preventive measures when it is anticipated, or known, that some changes will in fact take place. A financial aid bureaucracy as large and complex as ÜB's cannot, and should not, be expected to adjust to changes without experiencing some problems. It is reasonable to expect, however, that minimal steps are taken to assure adequate delivery of services to students. One such step could have been an increase in the number of financial aid staff. New computers, no matter how cost effective, could never replace the people who plan and implement the system. The element of human contact and expertise is, without question, the primary component of any efficient program. There is still timefor President Sample and the rest of the administration to take a closer look at our financial aid structure and discover that it is in immediate need of help. Obviously, the hiring of additional financial aid staff is not only a sensible solution, but one which should be given top priority. We can no longer expect four financial aid counselors to provide adequate services to more than 26,000 UB students. New Dean Will Need Student Input A new dean will be arriving at the Law School for good in January. While he has toured O'Brian Hall and spoken with faculty and administrators, Dean Filvaroff has not had an opportunity to make contact with many students. Filvaroff is clearly concerned with improving the quality of student life at this school and with making the Law School a stronger force within the university. He has set forth some of what he seems to think are primary concerns, but he needs input from the students his changes will affect. The Student Bar Association has established a Subcommittee for Developing Student Issues, headed by second-year law student Lisa Sizeland. This committee needs to know what issues are of primary concern to law students and how the new dean might go about implementing some of the ideas. Sizeland's committee will be working throughout the semester, taking suggestions from students and formulating a proposal for the incoming dean. A suggestion box is being set up in the mailroom. Any issues that you would like the new dean to address should be written down and placed in the box. Students with ideas on formulating a proposal who would like to work on the committee would be most welcome and should contact Lisa Sizeland. In order for David Filvaroff to be an effective dean, he must address issues which are of concern to students. In order to address these issues, Dean Filvaroff must know what they are. Please take a few minutes and write down your suggestions. 6 The Opinion October 14, 1987 Thuronyi Favors Contorts Ed. To The Editor: The article by Alexei Schacht in the September 30 issue merits a response because it reflects a concern that many students feel. The concern is that students may not be learning enough rules in law school. As Schacht puts it, the Contorts course was "fatally flawed" because it failed to provide "a working knowledge of a contract or tort lawyer's vocabulary, let alone knowledge of contract or tort law generally." Schacht cites as proof of this fatal flaw an instance where, as a summer associate, he had to retreat to the library to research a question involving the difference between replevin and conversion, instead of being able to furnish an answer off the cuff. Free Parking Not a Right To The Editor: This semester has seen numerous protestations against the parking policies here at Buffalo. Unfortunately, most of these have been misguided efforts at rallying students and organizations into a battleforfree parking. Reality dictates that this battle is lost before it begins. This is because the underlying premise that the students who urge this path follow is wrong. As students at the University of Buffalo and taxpaying citizens of the State of New York, we do not have a right to free parking. Like driving on any state road, driving onto a state campus is a privilege extended to us. It is not a right. Free parking is an extension of this privilege. This privilege actually takes away from the dollars available for education. Some student drivers feel thisbenefit is worth the cost, but I am one driver who believes differently. Further, there are students who cannot afford the luxury of a car and do not have to park on campus. (These students, without the luxury of driving, still make it to the "campus in Outer Slobovia.") Not only do these students get less of a benefit from their education dollar than those with cars, they also must listen to the incessant prattle of a small minority clamoring for another free lunch. These protesters should accept as their responsibility the minimal parking fee being proposed and channel their energies into making sure the fees generated go to improve the horrendous parking conditions they babble about. James McClusky Third Year Law Student Latin American Paper Increases Awareness To The Editor: By now many of you, if not all of you, have seen or read the newsletter Myth & Reality that was published last week. The newsletter was made possible through the collective efforts of professors and students. It is our hope that our readers will develop an awareness and understanding of the numerous problems that exist in Latin America and United States Latin American relations. Because we have a limited budget at this time, we would appreciate it if those students wishing to receive future editions of the newsletter would let it be known to one of the student contributors by dropping a note to this effect in our mailboxes. Myth & Reality was concep- — tualized out of a lack of knowledge of United States-Latin American relations that exists among law students. Although our first issue concentrated on human rights violations and atrocities in the region, we are not limited to this subject and future issues will delve into other problematic areas of the region. It is our hope thatfaculty, professors and students will come to appreciate our efforts in this project by requesting future editions. Sincerely, Frank Bybel Sharon Duncan Krista Hughes Daniel Ibarrondo Leslie Lubell Peter Muniz Eddie Price David Taylor SBA Plans Position Paper by Lisa Sizeland community. The Student Bar Association wants to define the issues of concern to the student body. You are being called on to set the agenda of issues for investigation and to participate in defining and refining the student If the student body is able to produce a well-prepared document, we should be able to win positions. In order to begin to improve student life and the overall quality of a UB Law School education, Dean Filvaroff must know what changes need to be made and what programs need to be continued. During the next three months, to insure that student concerns are considered, the SBA will be preparing a wellwritten and thoughtfully argued student position paper. The Dean is only beginning his acquaintance with our law school and should be very receptive to suggestions from the members of the law school his confidence and insure that student concerns and suggestions will be adequately valued in the future. The initial step is to define the issues to be addressed. Due to time limitations we must limit the scope of our ideas to a few crucial issues of significance to the entire law school student body. Suggested ideas should be submitted with your name and box number to the Issue suggestion box in the mail room or the SBA office. We strongly encourage student organizations to poll their members and assist in developing these issues. The SBA Subcommittee for Developing Student Issues The desire to learn rules and technical terms is understandable. Mastery of such items offers a sense of security, a sense that something tangible is being learned. However, mastery of technical jargon is neither necessary nor sufficient to become a good lawyer, and conveying such information is not the job of a good law school. Unquestionably, it is useful to be familiar with the general scope of various areas of the law. But knowledge of a limited number of detailed rules or technical terms is not necessary to achieve such familiarity, nor is such knowledge very useful (a careful lawyer will almost always retreat to the library, even if she thinks she knows the answer to a question). Certainly, the difference between replevin and conversion is not a basic legal principlethat every educated lawyer needs to know. Far better to have a broad understanding of the kind typically taught in courses like the one Schacht complains of. For a law school to attempt to teach students the rules that they will need to know in practice would be futile. The body of law is simply too vast. Moreover, many if not most of the rules students will be using in their professional careers do not yet exist. The proliferation of legal rules has become so great that even within a specialized practice area, lawyers complain of not being able to keep up. What a student needs is not to be crammed with information but rather to develop toolsfor processing and dealing with information to be digested in the future. A good law school course will involve the study of detailed rules to some extent. However, the main reason for doing this is not to commit the rules to memory but to develop an ability to deal with them: to understand their genesis, interpretation, role in the system, and so on. To the extent that students need to learn "black letter" law, for example, for the bar exam, they can, as intelligent adults, efficiently pick up this information by reading a hornbook or taking a bar review course. To use the law school classroom for a rote rehearsal of rules would be a misuse of resources and wouldreduce legal education to the grade school level. Victor Thuronyi Law Professor Clarification: In the first issue of The Opinion for the current semester it was reported that Wade Newhouse is "Acting Dean." He is, in fact, a full Dean and will step down from his office when David Filvaroff takes over as Dean in January. Due to an oversight this error was not corrected in the second issue of The Opinion. We apologize for any confusion this may have caused. �by Daniel Ibarrondo Res Ipsa Loquitur LoRcDkeinrmAg:CAoming ttraction While talking wilh a fellow law student over a few beers, we began to think about Dean Filvaroff's idea of converting the basement locker room into a cafeteria for the exclusive use of the law school. We thought about the idea and reasons for wanting to establish a law school cafeteria by comparing our respective college experiences. We began by observing the UB Amherst campus and the way it was planned and constructed, and compared it with the Buffalo State campus. Buff State has a student union center with the dorms located around it. The union center is used by the students to meet and interact with fellow students known or unknown. Such a situation does not exist in Amherst. We decided that UB Law School and the campus in general is caught in the middle between a real "I'm going away to college" campus and a commuter school in the middle of Manhattan. The lack of interaction in the law school, we thought, was due to the possibility that many of us work part time or have other responsibilities. Granted, most of our time is spent in the law school and possibly the library. We do need a "center" of some sort where we can get together and share experiences, dreams, search for possible future law firm partners and swap stories. Many of us do not know the students we came in with who are in other sections and many of us don't know the people we are graduating with. It would seem that in order to get the most out of our law school experience we would seek to meet as many law students as we can. In our cynical mind-frame we thought that the idea of a law school cafeteria sounded "elitist." But then again, why shouldn't we be entitled to a place of our own for interaction and conversation? We don't believe that a cafeteria for the exclusive use of the law school would isolate us from the rest of the school. In fact, it would foster communication and interaction among faculty and law students. We could "network" and learn of others interested in similar career goals. As we finished the first few of our great-tasting imported beer, Black Label, we began to think about those students who don't wish to interact. Should we dismiss them as not being fit to exist in this law school and should therefore go somewhere else? In the name of democracy such an assertion could not be made. We figured that those students who do not participate in law school functions, SBA functions and clubactivities are only cheating themselves from getting the most of this educational experience. The cafeteria would also give the school another reason for nurturing our lives as lawyers by providing better quality food in the hopes of teasing our palates with the delicacies that we'll be enjoying upon graduation. (Excuse me, upon passing the bar.) But then again, it could also lead to more conflicts, such as the parking situation, if the faculty is provided with segre- gated tables, real silverware and waiter service. Nevertheless, we entertained the idea further in the hope of searching for a reason to motivate students to interact with each other. We decided to finish our last few imported beers and switch to another imported favorite from across the border, Yukon Jack. Maybe our conversation was in vain if the proposed cafeteria plans were rejected by the Board of Trustees or never materialized at all. The effort should be made, however, given the fact that numerous attempts at achieving interaction among students have failed. We probably won't be around if the plan is acted upon, but at least we can make life easier for those first year students who will roam these halls for generations to come. As we finished our chasers of Yukon Jack and parted to our respective homes, we wished each other good luck on our moot court briefs. We thought that maybe law students don't interact as much and are always bickering because of the "men- tally perceived" competition that exists in the orofession. This would hold true at any other law school, but not UB Law. Perhaps those caught up in this frame of mind would be better off in another law school. Again, in the name of democracy, we could not allow such thoughts to foster. Maybe there are some law students who don't feel secure about themselves and feel a need to compete in a law school where stiff competition is neither nurtured nor existent. Whatever the reasons, the perceived notion of competition does not mean that students should sacrifice meeting and interacting with others. We thought that those students in this frame of mind would probably develop poor client interviewing skills. In the meantime we decided to make the quality of our lives better by reaching out of our lit- tle "cliques" and clubs and making an effort to know other law students. Maybe you should too. by John Williams SBA Briefs "Political": SBA President Searches for A Definition Where to start? I guess the beginning would be appropriate. It started approximately two months ago when Supreme Court Justice Powell opted out of his lifetime sentence of laying down the law for this country. Powell's resignation and Reagan's nomination of Judge Bork to the highest court of the land has caused a considerable amount of controversy among our SBA (officers, directors and members). This controversy revolves around whether or not SBA clubs can use their funds to stop the nomination of a federal appointment. I would like the student body to realize thatthere is no set policy or guidelines that we as a group have by which to assess whether or not this is a permissible way to spend SBA funds. Looking to the SUNY guidelines as well as our own guidelines one can see that this is a very grey area. We could not come up with a clear interpretation of whether this type of spending was within the intent of an activities fee. There are some inferences that can be drawn that clubs' funds are not supposed to be used for political activities/campaigns. According to the SUNY Board of Trustees regulations, "funds which are collected under provisions of this section which require every student to pay the prescribed mandatory fee shall be used only for support of the following programs for the benefit of the campus community: (i) programs of educational and cultural enrichment, (ii) recreational and social activities, (iii) tutorial programs, (iv) athletic programs, both intramural and intercollegiate, and (v) student publications and other media." The bottom line is whether or not the SBA can allow this type of spending. This is not a matter of the SBA telling clubs what to do with the money allocated to them by us. The search for a clear answer does not involve political ideologies, nor does it involve discriminatory hiring practices by the US Army, censorship, abortion or aid to the Contras. We are not trying to set world policy; we are just trying to run a fair, impartial operation. For those of you who think that we have no business being involved in this issue, then your vision of a unified fee is obscured. Clubs are allowed a great deal of discretion to perpetuate the intent of their charter, but like all good things that discretion has boundaries. It is our job to draw and en- force that boundary. Once we draw the line all groups will know what is or is not permissible. In my mind the person who first inquired whether or not this type of spending should be allowed has a great deal of integrity. That person was exercising his rights by asking us to come to some consistent policy. This is not an attempt on our part to flex our muscles, nor is this something John Williams dreamed up. The directors will have to come up with the guidelines to be applied for expending SBA funds in connection with political campaigns. We owe it to the student body to establish a consistent policy. by Andrew Bechard and Molly Dwyer Guild Perspectives Funding Guild's Activities Preserves Political Diversity With the October 6 vote of the Senate Judiciary Committee 9 to 5 against the appointment of Robert Bork to the U.S. Supreme Court, it slowly becomes clear that public opinion can make a difference in U.S. federal government. Even in a republic as huge and venal as the United States, something that seemed unstoppable can be stopped if enough people collectivize and make that collective voice heard. Assisted by theinformational tabling of the Buffalo Chapter of the National Lawyers Guild, over 350 petition signatures were sent to the Senate Judiciary Committee opposing Robert Bork. Between 600 and 700 letters were sent to New York State Senators Daniel Moynihan and Alphonse D'Amato opposing the Bork nomination. An additional petition of 100 signatures was sent to Alphonse D'Amato in an attempt to dissuade the Republican junior senator of New York from his seemingly automatic support of the Reagan nominee. These letters and signatures came from law students, graduate students, undergraduate students, and faculty and staff of the University of Buffalo. Charles Ewing visited our table to sign letters as did a number of other law faculty who wanted to sign and debate the finer points of the Bork nomination with Guild members. Recent debates in UB Student Bar Association meetings have been sparked by opposition to the Guild using Student Bar funds for anti-Bork tabling. Third year law student Terry Gilbride appeared at SBA meetings on September 29 and October 6 to complain that a portion of his student fee was being used to fund a tabling that he personally opposed. While Mr. Gilbride raises an important point, the National Lawyers Guild has been allocated a budget by the Student Bar Association to be spent in furtherance of Guild objectives. While Mr. Gilbride has every right to complain to the Student Bar Association, his argument is logically flawed in that the Guild has been allocated monies by a body democratically elected by all UB law students. In addition, Mr. Gilbride purports that he doesn't object to the other activities of the Guild (such as the anti-contra-aid tabling), he only objects to antiBork tabling. Mr. Gilbride argues further that "overt political acts" such as petitioning and letter writing should not be funded by the SBA fee. Once again he is logically flawed in that the activities of both the anti-contra-aid table and the anti-Bork table are the same "overt political acts," yet Mr. Gilbride will allow his student fee to go to one table and not the other simply because he agrees with one cause and not the other. In a place as diverse and pluralistic as the University of Buffalo and UB Law, tolerance of varying views is essential. In celebration of this diversity we should gladly pay our student fees so that groups as diverse as the Black Law Student Association, the Gay Law Students Organization and the Federalist Society can co-exist and further the level of debate and discourse at the University of Buffalo. We are not trying to paint Terry Gilbride and those who support his argument as intolerant; we do not wantto become party to a libel suit. The Guild simply wants to put forth the argument that SBA organizations should be allowed free access to the monies allocated to them, and that these monies should be able to be used in furtherance of the charter of each organization. Robert Bork is a threat. Mr. Bork is a threat to minority rights, women's rights, gay rights, the labor movement and the environment. The Guild would not be fulfilling the dictates of our organizational constitution if we did not oppose the Bork nomination in all capacities. We want to thank all Guild members who volunteered their time to table on this important issue ofAmerican legal culture. We also want to thank those citizens who made their voices heard on this issue. Writing a letter to your congressman is an extremely empowering act voicing your opinion and acting onthatopinion is what participatory democracy is all about. — We hope that those of you who gave support on the Bork issue will continue to make your opinion known until the final Senate floor vote takes place. We also hope that you will visit the anti-contra-aid table to oppose the Reagan administration's attempt to sabotage the Arias peace plan for Central America with $270 million dollars of additional contra aid. Those of you who want to become involved with Guild activities should look for posters announcing the next Guild meeting or visit the Guild office at O'Brian Hall, room 118. October 14, 1987 The Opinion 7 �The S.B.A. Treasurer Reports v* Thought you couldn't compete in national or regional Moot Court Competitions because you aren't on the Moot Court Board? by Kimi King Elections As of Monday, October 5 there is an opening for the position of SBASecretary due to the resignation of Michael Kulla. All persons interested (first years included) should pick up a petition outside the SBA door (Rm. 101). You will need 60 signa- NOT TRUE. All national and regional competitions are open to all second and third year law students. Although Board members have first pick of the competitions, all students are invited to compete. LISTED BELOW ARE THE COMPETITIONS AND THEIR REGISTRATION DEADLINES. tures. Petitions are due Tuesday, October 20 at 5 p.m. in the SBA office. Statements for The Opinion are due by 5 p.m. Tuesday. Elections will be held October 28 and 29 (Wednesday and Thursday). If you have any questions please stop by the SBA office. Appointments Committee It's that time of the year again SBA will be holding interviews on October 27 (6-11 If any competition remains unclaimed by a Board member two weeks prior to the registration deadline date, any non-Board member may compete. Please do not hesitate to contact Julie Freudenheim if you are intersted in any of the competitions: Box #707 or leave message at 636-6037. (Partial funding may be available for registration fees.) 1. POLSKY CRIMINAL PROCEDURE COMPETITION Registration Deadline: October 16. 1987 .. 2. AMERICAN INTELLECTUAL PROPERTY LAW COMPETITION Registration Deadline: January 31. 1988 3. . p.m.) and October 28 (5-10 p.m.) for student committee positions. There is a sign-up sheet outside the SBA, office door (Rm. 101). You must sign up by Friday, October 24. Appointments for interviews will be assigned by Monday, October 26 and posted on the SBA bulletin board. Come prepared to talk about why you are interested, your experience, ideas and other thoughts on the committee you are interested in. Appointments will vary from 5-15 minutes per candidate so be prepared! Treasury Notes As of last week there are still a number of student organizations which have not yet met with me to discuss the voucher "The increase in social science emphasis and the increase in critical emphasis are aspects of the last few years that we have seen flourish." Professor Hyman asserts that the Legal Methods program, a program with which he has been involved from its inception, has been "the most significant change in the law school in the past 15 years." 4. ADMINISTRATIVE LAW MOOT COURT COMPETITION Registration Deadline: November 16. 1987 5. NATIONAL APPELLATE ADVOCACY COMPETITION Registration Deadline: November 30. 1987 6. KAUFMAN SECURITIES LAW COMPETITION Registration Deadline: November 13. 1987 * Additional information (dates, locations, requirements) available upon request. i The Legal Methods program came about in the early 19705, a time when there was a general movement among law schools to start this type of program. "The initiative was there was a sigvery strong nificant minority under-representation in the bar which was very widely criticized." The program was designed as a chance to give education- .. f ■ (] |H 'J» |\ wk £)B m f ak ''jM A m 4 \ M Ik ' '^ ' ' - How to get the Card before graduation. / College is the first sign ofsuccess. Andbecause we believe in your potential, we've made it easier to get the American Express Card right now. You can qualify even before you graduatewith our special student offers. For details, look for applications on campus. Or justcall 1-800-THE-CARD, and ask for a student application. American Express Card. M Don l he!ive Sch ol Without Ir W/i i m I '^ Wp&m / ■"• / / The American Express* Card can get you virtually everythingfrom a TV to a T-shirt. Or a tuxedo. rom J sa t0 a an( during college and after, it's the perfect way to pay for just about anything you'll want. I J| JweKeJm CENTER FOR PUBLIC INTEREST LAW MOOT COURT PHI ALPHA DELTA INTERNATIONAL LAW SOCIETY LATIN AMERICAN LAW STUDENTS ASSOC. ASIAN LAW STUDENTS ASSOC. There will be one more chance for you to find out how the procedures have changed. After that you are on your own! To the rest of you, don't forget that you have by-law 13 compliances you need to be thinking about. Keep checking your mailbox (3rd floor, XEROX room) for more new information. from page I HowtobuyjTY <1 ■t* ■H process: Professor Hyman INVITATIONAL EVIDENCE COMPETITION Registration Deadline: November 6. 1987 PRINCE ° I ... ally disadvantaged students the extra help they needed to get into and through law school. The program started out as a summer course which the students were required to pass in order to eliminate that course from their fall schedule and lighten their course load. Professor Hyman taught Torts to Legal Methods students during the summers of the early years of the program. During these years, the Legal Methods students were given a stipend to replace any income they would have normally earned over the summer. As funds dried up the program was changed to incorporate Legal Methods study during the normal school year. Presently Professor Hyman teaches Landlord/Tenant lawto Legal Methods students. The program has undergone many changes and along the way "there were always problems, there were always dissatisfactions expressed. Some students [who were] not in the program felt they should be. In the earlier years the students in the Legal Methods program were all in one section, and this led to somewhat invidious identification." Later the students were divided among the three sections, "which seemed to have alleviated that problem." Legal Methods was a positive addition to the Law School and despite problems "the ongoing commitment to the program has been very strong." These words can be used to describe Professor Hyman himself. His ongoing commitment to the Law School has been very strong and he indeed was a positive addition. Professor Hyman currently teaches Section One Torts and Legal Methods. g 189 K€NMOfl€ AY€. I 8 The Opinion October 14, 1987 BUFFfIIO, NY 14223 835-5587 �Financial Aid from page 2 Clearly, ÜB's financial aid bureaucracy needs a lot of help, primarily in the area of staffing. As suggested by Hart himself, "A lot of the present problems could be alleviated by having a larger financial aid staff on Main Street." Obviously, this is where the real problem lies. There are only seven professional people on Main Street servicing over 26,000 students at ÜB. President Sample should look into this problem. Also, we should all accept the fact that we are individually responsible for seeing that our files are complete. Such individual effort would not be so burdensome if we view it as a way of looking after our own best interests. This year the fund amounted to about $2,500, with individual loans restricted to $50 during the first three weeks of school. When the emergencyfund runs out, "we try to work something out with the Dean we try to help as many people as we can and we try to give them as funds are just not there," Hart indicated. When asked how he feels about some of the criticism he has received from students as a result of the delays, Hart said he has received "mixed reviews." A lot of people, he added, "have been very happy and others have been upset. The vast majority of the people who have gotten upset are those who did not fill out the form right." .. . New Professors from page 5 because there are many immigrants in the region and few im- community migration lawyers in town. For Yacknin, working on im- migration cases with students is "a learning experience for me as much as for them." She has represented some prisoners in immigration matters and has a long-standing interest in Central America, but she acknowledges she"does not have much background in immigration law." The clinical program at Cornell University, where Yacknin went to law school, was different than ÜB's. At Cornell, if you had taken a clinic in your junior year, you could become a trial student attorney for your third year. Student attorneys were responsible for a full caseload and supervised second-year students as well. The clinic was "basically a legal services type poor clinic representing people" said Yacknin, though it was not connected with any based organization, as the UB clinics are. After law school, Yacknin was with Pennsylvania Legal Services Center in Harrisburg, where she worked with welfare rights organizations on various legislative issues. The job of pro se clerk for the U,S. District Court for the Western District of New York brought Yacknin to Buffalo. After a two year clerkship with Judge Curtin, Yacknin began workng for Prisoners' Legal Services. Inquiries into all areas of etiquette will be cheerfully answered by Miss Social Procedure. Address your questions to Fiona Smythe-Horch, c/o The Opinion, Room 724. Miss Social Procedure Dear Miss Social Procedure, An acquaintance and I were having a conversation in the ladies room when a loud noise emanated from one of the stalls. We stood awkwardly, eyes locked in anticipated mirth. Please advise me as to proper behavior in such a case. Dear Gentle Reader, Oh! If only this were a more tasteful institution! Some consider the function of a powder room attendant to be that of overseeing minor clothing repairs and distributing clean towels, when it is actually the regulation of proper bathroom etiquette. At a more tasteful university one could simply glance at the attendant and confidently mimic a rather grave frown or rollicking hilarity. Things being what they are, we not only must ignore sagging hems and risk bubonic plague from the common towel, but we are left asea in the area of behavior. You may think that yearning for an attendant reflects an outdated cast of mind but I have found the term "modern manners" to be synonymous with no manners at all, which explains the great dilemma of modern society—is it proper to divulge a person's name to the health department if one hasn't been properly introduced? As law students we look to the past for solutions. I am reminded of a wonderful incident in the life of Elizabeth I who, while riding through the royal forest, emitted just the sound we are discussing. Feeling, no doubt, that she must atone for years of rudeness during her father's reign, she uttered a polite "excuse me." Fiona Smythe-Horch "Oh, Madam," her equerry replied, "had you not excused yourself, I would have assumed it was your horse." Here is an opportunity to transform old manners into new. You can be reasonably certain there isn't a horse in the ladies room but air conditioning systems are often overloud. I have read of M. Pujol, a 19thcentury French music hall personage. Known as Le Petomaine, his emanations made his fortune as he imitated many sounds and blew out candles. Truly an ephemeral art. When M. Pujol entertained on a street corner to attract customers to a friend's pastry stand, he not only drew a crowd but violated his exclusive contract with the Moulin Rouge. I've often wondered why his case never joined the ranks of hairy palms, chapati pans, railroad scales and amusement rides. Perhaps French law is to law as French hospitality is to hospitality. Generally, the unspeakable remains unmentioned but you raise issues which can be applied to more palatable topics. When analyzing an etiquette problem we must first consider whether any party behaved inappropriately. I think not. If there is an acceptable location for such noises, this is it and though the bathroom will never replace the drawing room, we have all participated in interesting and instructive exchanges over the sinks. Next we determine whether either party has been violated. Did the noise interrupt your conversation? Did you infringe on her privacy by being there to hear? No indeed, we all lower our expectations upon entering a public facility. This appears to be a no-fault embarrassment which requires that the person who will be least embarrassed consider the needs of the other. Those who overhear any sounds not intended specifically for their ears should leave the area as inconspicuously as possible so the noisemaker will never know she's been overheard. Under no circumstances should you demand that she hitch her horse outside. Dear Miss Social Procedure, I would like to engage your services for intensive instruction for several acquaintances. Do you offer holiday gift certificates? Gentle Reader, Indeed I do. You can present your rude friends with instructions in specific areas or a general package. I am highly qualified in table manners, introductions, posture, conversational kindness, dating etiquette, appropriate apparel, and extricating oneself from disagreeable situations. For advanced students I offer graduate courses in withering looks, hollow laughs, degrading responses, subtle snubbing, and eyebrow raising. My remedial sessions are very popular but time consuming as they require the unlearning of bad habits. Early in my career I attempted to utilize a positive reinforcement system which failed dismally because rude people aren't as bright as collies. I now employ attractive choke collars and painful harnesses. Difficult work, yet strangely satisfying .. BAR/BRI vs. PIEPER 29 Reasons why most people choose BAR/BRI "e^ BAR/BRI has more than 35 Mew York attorneys available to work with you from the time the bar review begins through the exam. The Pieper course relies on one attorney. n H. For the other 28 reasons, contact your BAR/BRI representatives BAR REVIEW THE BAR REVIEW COURSE THAT CARES ABOUT YOU October 14, 1987 The Opinion 9 �TllCll REGISTRATION MUST 11/15/87 I "*->N§M«- c eP er C° urse Includes: ft Complete lecture series . fefly writing ■■ g H| IUI ■■II :! tJt Multistate Practice and Exam iV Multistate Professional U YlYCPlillilli' UlibUUfll Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. I I I I I I Responsibility Exam I Multistate Volume I New York Law Volume I Professional Responsibility I "" CPPPIBT lIaIUI Jr "W iIUS «/O/7/7 iWpeA* »9 111-\jl(loo PIEPER NEW YORK-MULTISTATE RAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 f5/6> 747-4311 Tfce Bar Course That Cares. I f^iii/inrwn UUIUUnLc For more information see your Pieper Representatives or contact: Telephone: I I I I I ■■■■■■■■■mBII 10 The Opinion October 14, 1987 �The Kavinoky: A Source of Excellent Local Productions by Krista Hughes Tom Stoppard's Enter A Free Man, which runs at D'Youville College's Kavinoky Theater until October 18, is billed as "a heartwarming comedy." But while the action and dialogue are often comedic, the essential storyline is at times heartbreak- ingly tragic. There are at least two levels on which to view this play. Allegorically it can be seen as describing the declining condition of Britain. On the surface the play is about a small-time inventor named George Riley who sees himself and his inventions as receiving no respect from his wife and teen-age daughter. In frustration he leaves them. The first act of the play opens both at Riley's home and at the Butcher's Arms Public House. While George's wife and daughter are discussing his departure and inevitable return, George is, on the same stage, entering the pub as conquering hero and announcing himself: "Enter a free man!" This placing of two settings and two dialogues on the same small stage and at the same time threatens to be confusing, but it is not. From that point on, the Riley home and the corner pub are allowed to be viewed separately. George's entrance into the pub is almost kingly, and he allows each of his "subjects" to pay homage to him. It does not become clear until near theend of the play that to his "subjects," like the emperor in "The Emperor's New Clothes" rather than a heroic monarch. One of George Riley's first acts upon declaring his freedom is to relinquish it. Riley, played by Irish actor Chris O'Neill, has perfected what he feels is a revolutionary invention— an envelope with glue on both sides of the flap. It may be used once, turned inside-out by the recipient and then used again. A patron at the bar plays at perpetuating the myth of new George-the-Emperor's clothesand lauds the invention, offering to be George's partner in its manufacture. After years of failure as an inventor, George is swept away by this chance at success and by the idea of having a partner, something he has always wanted. Hefailsto realizethatthesupport he should be given by a fllllllllllllllllllllllllllllllllllilllllllllllll • " • p • S • PROFESSIONAL TYPESETTING OFFSET PRINTING FAST SERVICE COMPETITIVE PRICING business partner has been given to him all his married life by his ridiculously domestic wife. She has had faith in his ability as an inventor even though he has made no money at it, and she had even encouraged him to give up a "safe" job in order to devote all of his time to inventing. Names are an important element throughout the play, and it is not surprising that George Riley's wife is named Constance. She has been the one steady, patient and faithful person in his life, and her constant neatening of their house is symbolic of her attempts to keep their lives neatened. George does all of his "professional" inventing at home, but outside of the home he engages in recreational inventing by creating a fantasy world in which names are a key part. George tells his fellow pubgoers that his wife's name is Persephone, and he calls her that because he had never known anyone with that name and always thought he should. In Greek mythology, Persephone is kidnapped by Hades, king of the underworld, and her loss to theearth causes the eter- nal, idyllic summertime to cease and winter to prevail. When Zeus intervenes. Hades allows his queen to return to earth for six months out of the year, during which time spring and summer are restored. Persephone, then, represents hope and rebirth. George Riley attempts to transpose these qualities onto his wife and therefore into his life by transposing the goddess' name onto Constance. George also invents names for the people he meets in the pub. The barman, whose name is Victor, becomes "Carmen" to George, and a young sailor named Richard is "Able" for "able seaman." By inventing personas for the people in the bar, George is assuring himself a degree of control over them. As long as they remain his inventions, George's fantasy remains intact. Unfortunately, George always seems to overlook the "flaw in the ointment" of all of his inventions. Among his friends, the flaw is that they already have their own names and their own lives outside of the ones he gives them. They shatter his fantasy when they tell him their real names. One person to whom George does not assign a name is Harry, the man who offers to become George's partner. Harry never even reveals his surname, and thus it becomes even more pitiable when George forms his reality around this supposed partnership, and when Harry symbolically inGeorge-the-Emperor forms that he is naked by tearing and crumpling George's reusable envelope and laughing in the inventor's face. While George does return home, thus reuniting the family, he is conquered. Constance never even believed that he would pursue success with his invention and stay away. She has lost faith in her husband, and he in himself. He has given up and agrees to try and find himself a "safe" job. His loss of faith in himself has to be one of the most tragic examples of the human experience. Chris O'Neill as George Riley is engaging and witty. He has already shown himself capable of carrying an entire play with last season's Frankly Speaking, O'Neill's own one-man show which was amusing, honest, human and ultimately heartrendering. The rest of the performances, from Eileen Dugan as George's cheeky but pragmatic daughter Linda, Anne Gayley as Constance, and Steven Cooper as Harry, among others, were equally satisfying and believable. D'Youville College's Kavinoky Theater is an ideal place to see a play. It is intimate, with only 300 seats, yet it is an excellent source of professional theatrical productions, with talent from the Buffalo area and all over the country, notto mention Ireland and Great Britain. After Enter A Free Man finishes its run, the Kavinoky will present How The Other Half Loves, November sthrough December 6; More Frankly Speaking— stories of Frank O'Connor adapted for the stage by Chris O'Neill, December 8-13 and December 15-20; Juno and the Paycock —Sean O'Casey's play about Ireland's Civil War of 1922, February 4 through March 6; and a yet to be announced Western New York premiere beginning April 7. Tickets are $10 and $12, and group rates are available. BAR/BRI vs. PIEPER BAR/BRI, in the summer of 1987, prepared more than 3700 students for the New York bar exam. The Pieper course prepared approximately 1700 students. U • MANY DIFFERENT mj, £ S TYPESTYLES & PAPERS • SAMPLES RESUME AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! ~aM 3171 Main Street (Main S. of wtnspeaO Buffalo. NY 835-0100 1676 Nia. Falls Blvd. (across from K-Mart) Tonawanda, NY Luiiiiiiiiiiiiiiiililiiiiiiiii to/fen BAR REVIEW NEW YORK'S LARGEST AND MOST PERSONALIZED BAR REVIEW October 14, 1987 The Opinion 11 �FALL SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988,1989 & 1990 SAVE $150 When you register early for BAR/BRl's 1988, 1989 or 1990 New York, New Jersey, Massachusetts, Connecticut, New Hampshire, Maine or Vermont Bar Review. You get the nation's largest and most personalized bar review and you save $150 off the current price. ( $ ) (bwbn BAR REVIEW The Bar Review Tteit Cares About YOU.™ / / I 12 The Opinion October 14, 1987 \ OCTOBER 22ND / 415 Seventh Avenue, Suite 62 New York, N.Y. 10001 (212) 594-3696 (201) 623-3363 The last day to save $150 is: * <k ) / \ J 160 Commonwealth Avenue Boston, Mass. 02116 (617) 437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 4 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ba46f0c86372aa5d1df1e8d2830e089d.pdf 896776fa6deb087367f897927635b405 PDF Text Text Filvaroff Suggests Physical Improvements for O'Brian by Krista Hughes Dean David Filvaroff visited the law school on Friday, Oct. 23 and Monday, Oct. 26 primarily to discuss physical changes that he foresees for O'Brian Hall. Filvaroff met with faculty, staff, administrators and student representatives at a luncheon in the faculty lounge to find out what our priorities are and to get feedback on some of his proposals. The new dean is concerned with what can be done physically to O'Brian Hall to make the law school a "moderately happier place." He proposed thatthe building which houses the law school is simply "not large enough to do all the things that need to be done. Ideally, the law school should be moved to a new building, but to even be approved for such a move, the law school will have to wait in line behind several other schools within UB that also need new buildings. However, even if approval were granted immediately, Filvaroff notes, a new building would not be ready for another six to seven years. Until that time, some more immediate concerns will have to be addressed. Filvaroff has focused on several trouble spots which he sees as contributing to a reduced quality of student life. These include the pressures of constant traffic from non-law students through O'Brian Hall, the lack of a common meeting place, the lack of adequate office space, drastically decreasing availability of stack space in the library, and an overall "dingy," depressing look. There is essentially nothing in the layout or decor of this law school that would "bring a smile to someone's face." Dean Filvaroff wants to do something about that. While nothing can be done to limit access of non-law stu- dents to O'Brian Hall, something will be done about their access to the law library. Student Bar Association Vice President Derek Akiwumi mentioned that he has spoken to University Provost William Greiner who may agree to allow the law library to be closed to non-law students for a period of 20 days during final exams. Regarding the lack of office space and its ever-increasing need, Filvaroff has looked into utilizing the "terribly useful" space on each floor behind the elevators. He proposed closing off the back elevator doors on the3rd through 7th floors, walling-in the area and creating extra offices. This could involve opening up the glassed-in walkways on the upper floors. On the third floor this newly usable space would most likely be used to house central computer equipment. Filvaroff explained that the University has plans to become complete- O THE PINION . . ly computerized, and Central Administration has chosen the law school to be ÜB's prototype. Over the next three years, virtually every function within the law school will be computerized and hooked into a central computer. Admissions and Records, CDO and the Alumni Association will share computer access with the law library, the deans' offices, and even faculty members who will be able to have word processors hooked up in their offices. success are presumably high. Regarding the law library. Dean Filvaroff remarked that at the present rate of acquisition, the Charles B. Sears Law Library will be full within five years. There will not be enough stack space, and ABA requirements prohibit stack space continued on page 11 The SBA Subcommittee for Developing Student Issues has set forth nine categories of issues on which to base its position paper for the new dean: 6. Financial Aid/Loan 1. Curriculum 2. Advisementand Support Forgiveness 3. Registration 7. Student Lounge 8. Child Care 4. Library 5. Ranking 9. Miscellaneous Additional student input is needed. To help develop a well thought-out position paper, please contact Lisa Sizeland or stop in at the SBA office. STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 5 Computerization is going to bring the "modern age" to the law school. Filvaroff noted that the university has a substantial interest in doing this right and doing it well, so the chancesfor October 28, 1987 Girth, First Tenured Female, Favored Hiring of Women Marjorie L. Girth came to UB Law in 1971 and has since been somewhat of a trendsetter. Not only was she the first tenured female faculty member, but in September 1986 she became the first female Associate Dean. Today, her calm self-assurance reflects little of her struggle to be recognized as a professional in the traditionally male world of academia. A minority from the beginning of her legal life, Professor Girth was one of only 12 women in a class of 550 at Harvard Law. "At that time some of the Harvard faculty, including the Dean, really thought that they were wasting space, they thought that we would do nothat that ing with our degrees time employment opportunities were so limited that we were not going to get the jobs that they were training people for." After graduation and three years of private practice, she spent five years at the Brookings Institution in Washington, D.C. At Brookings she was involved in the research that established the factual basis for the legislative changes in the Upon hearing of the job opening at UB through a colleague, she applied for and was accepted into an open position in Commercial Law. When she arrived at ÜB, she was the only woman on the faculty. This disturbed Professor Girth. She saw an immediate need for female faculty members. "I felt it was very important that the situation not continue thatwe get more women on the faculty with different personal and academic styles." Janet Lindgren, who is still at ÜB, was the next female to join Professor Girth. The buildup to our current number of female faculty members was slow and difficult. "At that point women didn't want to be a token person and they weren't terribly enthusiastic about being number two because number one might disapbut we kept up an agpear gressive recruiting effort after Ms. Lindgren arrived." After the arrival of a third female faculty member the tide seemed to change. "Eventually • other female candidates began to realize that -the faculty was serious about having a significant number of women on the Bankruptcy faculty." by Donna Crumlish ... Statute. . Professor Girth described one of the pressures on the small female faculty: "Everything you do takes on excessive your personal significance view unfortunately becomes characterized as the 'women's view.' " The six or seven female faculty that Buffalo has been able to maintain on its staff over the past few years is not typical of other law schools, where there are usually only two or three female faculty members. Professor Girth attributes this a disposition in the academic world that is still not wholly ready to accept women as equals. She says that "if a After a long day of interviews, faculty candidate Lucinda Finley met with students in the Faculty Lounge on Monday, October 20. An attractive wellcomposed white woman in her early 30's, Ms. Finley appeared weary and slightly disoriented as the meeting began, warming up as it went along. She gave no formal speech or introductory talk, preferring that students ask questions of her. Throughout the encounter she spoke of her dissatisfaction She was also appointed by the Chief Judge of the 2nd circuit to the Merit Screening Committeefor the appointment of bankruptcy judges for the Western District of New York. Teaching Bankruptcy is still to school has a reputation for being skeptical about women's ability as scholars, they are going to have a hard time recruiting because there are places like ours where women feel more comfortable." Professor Girth is wellknown in bankruptcy and commercial law circles, both inside the Law School and outside. She has served as chairperson of the Consumer Bankruptcy Committee of the ABA, was elected in 1985 to the Council of the Section on Corporation, Banking and Business Law which repre- Reaction To Candidate Finley Varied by Sara Nichols sents over 55,000 members. with the faculty at Yale (where she currently teaches), as well as her interest in teaching and research on gender roles particularly within the classroom, law school and legal profession. Asked about her background, Ms. Finley offered no surprises. Before beginning her tenuretracked position at Yale, she had graduated from Barnard continued on page 2 one of her great interests, and she will be teaching a bankruptcy course again in the spring. She recently found a new teaching instrument in a computer game she uses in the course. "I use the debtor/creditor game, which simulates a business in difficulty and needing financial reorganization . I found it very useful because the reorganization course in particular has a statutory background for what is a highly negotiated process and it had always been very hard for me to try and give the students a feel for the importance of negotiating in this process." Professor Girth currently teaches section 2 Contracts, an experience she finds refreshing in many ways. "I get to know students as they enter the school and they will be here for a while... in addition it's interesting for me to see how contract law is evolving as a background for what I'm usually teaching in the upper level Commercial Law classes." As a Professor, Associate Dean and Community Leader, Marjorie Girth has been a positive influence on all who come in contact with tier. She is an incentive and a role model for those students who sometimes are afraid to make that first step and be "the first one." Katz To Return in Fall by Andrew Culbertson Al Katz, a criminal law professor, will resume his teaching duties as of next September. Law School Dean Wade Newhouse, when questioned about Katz's absence, stated, "He decided to take his sick leave, which should last him until next spring." Reasons for Katz's decision weren't discussed. The controversy surrounding Katz dates back to May of 1985, when he was arrested for mailing an obscene photo of a teenage girl. He subsequently pled guilty to a misdemeanor and was convicted, being sentenced to 30 days in jail and fined $1,000. At the time of his conviction, Katz's future with the University was uncertain and the question arose over whether or not the University would seek his dismissal. However, according to Newhouse, Katz will definitely return next year. inside... SBA Briefs Guild Perspectives Miss Social Procedure 5 ... 7 11 �Downtown Bar Seeks GreaterInteraction with UB Law by Daniel Ibarrondo Numerous articles, essays and books have been written about the role of legal education. The bulk of these writings in recent years has focused on a "realistic" approach to the study of law or the presence or need of critical legal studies. Nationwide, law schools have been caught in the middle between an "academic" or "practical" approach to legal education. UB Law School has experienced a dynamic and progressive growth from its days as a local law school located on Eagle Street to the national reputation that it enjoys today. The national reputation and scope of UB Law School laidthe foundation for an assertive leadership position in the legal community in regards to admissions, education, bar standards and law reform. It appears, however, thatduring this period of change and growth, the relationship between the law school and the downtown bar community has diminished. All law schools, regardless of their approach to legal education, are isolated from actual practice. reformers, Some mainly practicing attorneys, feel that legal education should correspond to practice. Other reformers, mainly those in academia, feel that legal education should seek to change or improve the practice of law. For the moment, discussions on this subject seem endless and irreconcilable. The downtown bar community as a whole, it appears, is interested in fostering more interaction with the law school. At present, they can counted on to act as judges for the Mood Court competitions, participate in the dean search, provide part-time employment for law students, participate in the various clinic programs, and help with Trial Technique. However, there is a general feeling in the downtown bar community that there is not enough social and intellectual interaction among practicing attorneys and UB Law School faculty and students. In response to this concern, Roger Williams, Esq., United States Attorney for the Western District of New York, stated that "there needs to be better communication between the Law Alumni Association and the law school. "We are fortunate to have a law school in the community. We participate as judges in the MootCourt competition but our involvement should not stop there. We, as practicing attorneys, could provide law students with input as far as direction is concerned." Law schools that approach legal education as some form of social change have diminished their relationship with local bar associations. The presence of critical legal studies at UB Law has not been seen as a hindrance to the fostering of interaction between academia and the downtown community. "The criticism surrounding critical legal studies has been blown out of proportion," said Robert.Keller, Esq., of Hodgson Russ Andrews Woods & Goodyear. "The criticisms are more theoretical than real. They are more of a philosophical concern than practical. There is no real basis for the concern. UB is producing very good lawyers." Joseph Bermingham, President of the Erie County Bar Association, acknowledged that there are some concerns among lawyers that there should be more emphasis on core curriculum courses. Some courses are difficult to fit in with legal education in the sense that students wonder what the course has to do with practicing law. Bermingham felt that there should be more communication between the law school and the Erie County Bar Association. Although George Zimmerman is the Erie County Bar Association's liaison with the law school, they would like to get more of the faculty involved with thebar association. "There should be more social and intellectual interaction," he stated. In reference to the "Buffalo Model" of legal education, Bermingham stated that he has no qualms about teaching law courses within a socially concerned context. "However," he emphasized, "these [courses] should not be at the expense of slighting the core curriculum of legal education. The law school in these changing times should different experiment with teaching methods so long as a First Amendment Supreme Ct. Cases Might Result In Deadlocked Decisions by Alexei Schacht In this year's Supreme Court term, which began on the fifth of October, the Justices have agreed to hear several important First Amendment "freedom of the press" cases. However, because the Court is functioning with only eight Justices there is the possibility that some of these cases will end in 4 to 4 deadlocks. When there is a tie on the Court the lower court's decision is left binding on the parties but the case is not used as a national precedent. The following are summariesof some of these important "free press" cases. United States v. Providence Journal A Federal District Judge ordered the Providence Journalnot to publish transcripts of conversations involving an alleged organized crime figure in Providence, Rhode Island, Raymond Patriarca, that were intercepted in illegal Federal wiretaps. The Journal printed the transcripts despite the order which was subsequently found to be unconstitutional. The Federal Circuit Court of Appeals in Boston overturned the contempt citations which the District Court gave to the Journaland its Executive Editor Charles McC. Hauser. The Circuit Court held that one may challenge a "transparently in- valid" restraint on free speech by violating it. The central issue at stake in this case is whether the Court will alterthe traditionalrulethat violations of even unconstitutional court orders may be punishable. For instance, in Walder v. Birmingham the Supreme Court upheld contempt short jail terms and monetary fines for the organizers of a peaceful demonstrations that violated an unconstitutional order. If the court is to change this rule it will likely rely on the doctrine, exemplified in the "Pentagon Papers" case, that says that all prior restraints on free speech are prima facie invalid. Also at stake is the issue of whether prior restraint is allowable for national security reasons. In this vein, the Court may look to a famous case from the Western District of Wisconsin, United States v. The Progressive Magazine, in which the court allowed prior restraint of an article purporting to explain how one can make a hydrogen bomb. Hustler v. Falwell The Court will review a $200,000 damages award to the Reverend Jerry Falwell for "intentional infliction of emotional distress" caused by a parody depicting Mr. Falwell as an incestuous alcoholic. What is notable about this case is that the lower court found the parody to be not libelous. THE PASSWORD: /\AI β-jm m / (UxX of 2 The Opinion 415 Seventh Avenue, Suite 62 Srw York Nrw York Iooo > (212) 594-J696 (201) 62J-3J63 October 28. 1987 As such, many press groups, and others concerned withfreedom of the press and of speech, fear that by upholding this award the Supreme Court could send a strong message to those who might publicly satirize and criticize public figures. That message, telling people to avoid making harsh statements even when not libelous, could have "chilling effect" on public discourse. Virginia v. American Booksellers Association Here the High Court will review a decision striking down a 1985 state law which restricted the manner in which certain sexually explicit materials may be displayed. The law was enacted to prevent children from being exposed to certain types of pornography. The case may well become an important precedent as to how much one's access to otherwise publishable material may be limited solely because of one's age. Hazelwood School District v. Kuhlmeier In another case involving the First Amendment and minors, a pubic school principal censored a student newspaper's article about teen-age sex and pregnancy. A Federal Appeals Court held that the principal's actions violated the First Amendment. Where the Court comes out on this issue may have far-reaching implications for the speech of students and minors generally. This article was based, in part, upon reporting in The Wall Street Journal and The New York Times. standard of measurement and evaluation of the experiment exists. "There is no problem with bringing social concerns into discussion in the classroom so long as they are taught with the competence to raise these issues in legal practice." It appears that the Erie County Bar Association is unaware of the law school in terms of faculty, student impressions and the bar exam passing rate. Bermingham was content to know, however, that the law school is prospering. "The purpose of law school," said Paul Weaver, Esq., of Jaeckle, Fleischmann & Mugel, "is to teach students how to work with the law." Weaver, who is not in favor of a plain practical skills approach to legal education, stated that critical legal studies has a place in legal education. "There should be academic freedom as well as freedom of thought. At the same time, it's imporant to give students a foundation in the law. It's equally importantto have a fundamental exposure to procedure and practice." With regard to learning practical skills, Weaver would like to see more students taking advantage of the part-time clerk positions offered by the numberous firms downtown, but he understands the problem posed by the location and geographical distance of the law school. With regards to learning practical skills, Weaver would like to see more students taking advantage ofthe part-time clerk positions offered by the numerous firms downtown but understands the problem posed by the location and geographical distance of the law school. Weaver also expressed the same desire of having an increased interaction with the law school faculty and students. He Finley College, went on to Columbia in law, performed the requisite judicial clerkship and then worked in a private firm in Washington, D.C. for a couple of years. Although she said relatively little about her scholarship, Ms. Finley has published several articles on feminist topics including Transcending Equality Theory: A Way Out of the Maternity and the Workplace Debate" and "Choice and Freedom: Elusive Issues in the Search for Justice." Through the meeting, Ms. Finley appeared confident, warm and sensitive to students' needs. Particularly impressive, and rarely demonstrated in a faculty candidate, was her emphasis on education. She spoke of integrating her political and theoretical views into the classroom by bringing out the people behind the cases and exposing gender, class and racial biases within the texts. Indeed, one of the many aspects of Yale which she complained about was her perception that the faculty is not interested in teaching. Ms. Finley repeatedly emphasized her close relationship to some students at Yale (particularly feminist students), speaking of them as her "colleagues." She said she felt "alienated, silenced and marginalized" from the other faculty in her scholarship at Yale and she indicated that she very feels there is something to be gained by both. "I have gotten comments by upperclass law students who envisioned certain courses to be taught that were not available. Something can be done to provide a wide range of course offering if there was more interaction. The downtown bar community is willing to listen to students' concerns and frustrations." Apparently, the downtown bar community is aware of law students' concerns and apprehensions about legal education. Many students have taken advantage of clinic offerings and gaining practical skills. John Ziegler, Senior Staff Attorney of the Legal Aid Appeals Unit, felt confident of the quality of law graduates coming from UB Law School. "The school no longer has a local character and studentsfrom UB are equipped with the necessary legal concepts, as opposed to black letter law, to practice in any state. "The purpose of law school," he stated, "is to prepare you to be a lawyer and UB Law is doing a fine job at it." At present, George Zimmerman, Esq., of Albrecht Maguire Heffern & Gregg, past president of the bar association, faculty member and now the chairman of the law school liaison committee of the bar association, feels that the Alumni Association is a good vehicle to foster interaction. He is trying to arrange for members of the bar to come meet thelaw school faculty and vice-versa. He is interested in having faculty members attend bar meetings, seminars, conferences, etc.... "There is a lot to be gained by both sides and Dean Filvaroff seems to be receptive to the need for interaction and the benefits that can be obtained." continued from page I much wanted to get away from that atmosphere. She harkened amusingly to her experience of giving a workin-progress talk at another school and receiving interesting and positive feedback, while at Yale she would be asked by her (law & economicsdominated) colleagues "where's the cost/benefit analysis in your argument?" or "why didn't you use the Coase theorem?" Some students expressed concern that Ms. Fnidley would have difficulty adjusting to a state school after teaching at an elitist private institution like Yale. It was suggested that UB students, unlike Yalies, suffer economic hardship, often to their academic distraction. Ms. Finley addressed these concerns relatively cursorily, stating that she would do what she could to improve student financial aid and be sensitive to poorer students' needs in the classroom. Student reaction to Lucinda Finley seems to differ widely. Some felt that Ms. Finley was perhaps disingenuous at times and was not as strong on the issues of race and class in her analyses, as she is on gender. Others were favorably impressed by Ms. Finley and would be pleased to have her join the faculty. We can certainly use more than one good, enthusiastic, empathetic feminist scholar at UB Law School. �Women's Bar Brings In Speakers by Vanessa Bliss The Women's Bar Association held a seminar on Wednesday, October 21, sponsored by the CDO. Three types of legal employment: large firm, small firm and in-house counsel were presented. Representing large firms was Annabelle Forrestel of Phillips, Lytle, et al. Ms. Forrestel stated that large firms usually consist of 30 attorneys or more. When searching for employment with such firms, employers view favorably Law Review, Moot Court and three to four years' concentration in an area. Highlighted by Ms. Forrestel were: Level of Sophistication The work is complex and current. The advantages to working with large firms is the regional and national reputation that will be gained from working with large corporations and using a wide-based networking system. The disadvantages to working with large firms is the pressure from the workload associated with long, irregular hours. Typically, during the first two years of working for a firm, completing the work assigned is important. It will require stayr ing at the office past 5 p.m. Also, you will be removed from client contact. M<?st of your work will come from other attorneys who communicate with the client. In dealing with that aspect, it may be difficult to get facts from the client. Broader Range of Expertise One of the advantages is the larger pool of resources available from other attorneys' areas of expertise. Coinciding with this is the number of specialized departments available to begin research and provide sources of information. A disadvantage is that you maybecome departmentalized. Usually, when hired with a large firm, you are required to choose which area you want to work in. Unless the employer begins your training by exposure to all areas in the firm, you will mainly work in one area of law, i.e. contracts, with only references to the other areas. Resources Often a library is located within the firm. Along with standard items like McKinney's, it may be equipped with Lexis and Westlaw terminals. Also, a support system is available through the assistance of clerical personnel and paralegals. The disadvantage is the lack of control you may experience. While there may be a library, the book you are looking for may not be on the shelf, but in another attorney's office. Compensation One advantage is the higher salary, although you may be required to track your billable hours, which may be difficult for new attorneys. Clients During the first two years with the firm, you may not be required to bring in new clients. Afterwards, this may be required. The disadvantages are that the clients you may want to bring in may conflict with the existing clients and it is difficult to bring in large corporations when you've only been with the firm for a short period of time. Social In a large firm there are more people to meet and associate with. The firm also encourages community involvement. You can develop a reputation within a short period of time. As Ms. Forrestel stated, you can make an "initial good impression" with the firm's name behind you. The disadvantage is that the firm may be so large it can be impersonal and it may take time for decisions to be made. Holly Hite of James N. Hite and Assoc, represented the small firms. When searching for employment with small firms, individual personality is very important. The blend of everyone's personalities will provide a smoother operated firm. Small-firm employers favorably look for special traits within individuals that depend on experience and a distinct background. Ms. Hite recommended that you start thinking of an area of specialization now. To make yourself marketable, you must get background in areas you are interested in, not just study for three years. To get the background you are interested in, she suggested clerking, or if you can't find a job, then volunteer. As an employer, Ms. Hite stated that there is nothing worse than a resume with no legal work ex- ' perience. Ms. Hite emphasized three types of small firms: One-Man Dictatorship This type of firm is started by one person. They may hire attorneys to work for them, but do not plan on extending into partnerships. Family Structured These firms are basically run by the family. Be sure to inquire about future advancement with such firms. 1 or 2 Attorneys, Age 50 or Older These firms may be willing to train you, establishing a mentor relationship, to eventually take over the firm. An advantage is the employer will have a retirement system by which he will receive a percentage of income from thefirm and you will have an established practice. Other advantages are the family atmosphere created from working closely with one another. Also, the built-in flexibility and quality of life you can enjoy because of the working hours you may be able to establish. Ms. Hite also offered tips of legal work with the government. Most government attorneys are started with high salaries and provide good training. The hours are 9 to 5 p.m., thereby appealing to women who want to have time for their families. Some disadvantages are government attorneys don't have as much prestige as attorneys with large firms. Also, you may feel like a regular office worker because of the environment. Ms. Hite explained that when working for the IRS, she shared an office with several people and did her own typing (no support personnel), etc. Maureen Hurley of Rich Products represented the in-house counsel. When seeking employment, she suggested working as outside counsel (for a firm) first, as you will have contact with them when working for a company. You should also have a realistic view of what is required to work as in-house counsel. You may also have more impact on the final decisions. You will also be a general practitioner, working in many areas of law. The disadvantage is that it is difficult to keep abreast of your area of expertise. One function of in-house counsel is to advise executives of the company. This has become a trend mainly for two reasons. The first is economic, THE GRADUATE GROUP ON HUMAN RIGHTS LAW AND POLICY an interdisciplinary group of faculty and graduate students from law, philosophy, political science, history and anthropology, is pleased to announce its program for the fall semester. All events are free and open to the public. NOVEMBER 5: "Sanctuary" — This dramatic movie depicts the world refugee crisis and debates the politics of the Sanctuary movement. Filmed in Central America, Africa, the Middle East and the United States, it presents the conflict which compels the refugee to flee his homeland, the difficulties that await him in the U.S. and the assistance he receives along the way. Presented at 3:30 p.m. in O'Brian, 108. NOVEMBER 13: William F. Pentney, Associate Director of the Human Rights Research and Education Centre at the University of Ottawa and Associate Professor at the Ottawa Faculty of Law, will present a talk on the Canadian Charter. He will compare the human rights provisions contained in the Charter with those in the so-called "International Bill of Rights" and the United States' Bill of Rights. Presented at 1:30 p.m. in Baldy, 684. NOVEMBER 18: "Witness to Apartheid" —Archbishop Tutu isourguide to the human rights emergency in South Africa in this film. Nominated for an Academy Award, this film has been hailed as a "brave and powerful piece of journaTism To see these things is to know why South African blacks cannot be content, now, with piecemeal reform," (Anthony Lewis). Presented at 3:30 p.m. in O'Brian, 108. ... DECEMBER 2: Newton Garver, Professor of Philosophy at SUNY at Buffalo, will present a paper on "Violence and Social Order." 3 p.m. in Baldy, 684. DECEMBER 10: Sister Kathleen Rimar, in celebration of Human Rights Day, will speak on the refugee question as she experienced it during her travels in El Salvador, Nicaragua and the Gaza Strip. Time and place to be announced. for the cost of litigation is expensive. Second, in-house counsel is easily accessible, thereby saving time required before company decisions are made. Another function of in-house counsel is to sponsor educational programs for workers, minimizing the chances of liability of the company. While these are things to keep in mind about large, small or in-house counsel, suggestions from the panel about interviews for all types of legal employment include: Know why you are inter- • viewing that particular company or firm. What is appealing about the firm to you? Where will you be five years from the date of hire? Training policy: Will the company or firm have the resources and time to train you? Opportunity to try cases. Educational: If you decide to further your education, will the company or firm provide financial support or flexible hours? Don't be afraid to ask questions about the company, firm or employer. Participate in the interview. • • • • • Moot Court Oral Argument Portion To Begin Nov. 2 by Karen A. DePalma As reported in an earlier edition of the Opinion, the Moot Court Board is currently preparing for the 1987 Charles S. Desmond Moot Court Competition. This year the problem deals with the case of Sara Adams, et al. v. United States, which challenges the Federal Government's enactment of a Curriculum Comprehensive Law. The Comprehensive Curriculum Law requires the states to institute a program of values education (as established by the United States Department of Education) or forego all federal financial assistance. A number of interesting issues are presented in Sara Adams, etal. v. United States, including issues related to: taxpayer standing to challenge the law, congressional power to regu- late the states, the free exercise clause of the First Amendment. Students participating in the competition have already submitted their preliminary outlines and their final appellate briefs are due by 5:00 P.M. Friday, October 23, 1987. Following submission of appellate briefs, the oral arguments portion of the competition begins on Monday, November 2, 1987 with two sessions at 7:00 P.M. and 9:00 P.M. and continues at the same times on Tuesday, November 3 and Wednesday, November 4. Each team will argue once each evening and from these three preliminary rounds oforal arguments, quarterfinalists will be selected to argue on Thursday, November 5, semifinalists on Friday, November 6. The finals will takeplace on Saturday, November 7, 1987 at 2:00 P.M. in the Moot Court Room. The Charles S. Desmond Moot Court Competition was named in honor of Judge Charles S. Desmond, a nationally recognized judge and legal scholar from Eden, New York, who served 26 years on the New York State Court of Appeals, was its Chief Judge from 1960-66,and also taught an appellate advocacy course at our law school. Judge Desmond died on February 9, 1987 and so this year's competition marks the First Annual Charles S. Desmond Memorial Moot Court Competition. To commemorate this event, the Moot Court Board has planned a special tribute to Judge Desmond before the final round of oral arguments on Saturday, November 7th. Also, the Moot Court Board extends a special thank you to our Law School Alumni Association for their support during the 1987 Moot Court Competition. The Competition is truly a cooperative effort between the Moot Court Board, the studentparticipants and the Alumni Association; and our Alumni Association has been, and continues to be, an integral part of its success. We thank you! Public Service Internship Program The faculty is in the process of creating a university-funded public service summer internship program for a select number of second year students, beginning in the summer of 1988. At this time, we expect to be able to place 6-10 students in interesting and challenging jobs in federal, state and local government offices, and in organizations engaged in the practice of public interest law. Salaries will be competitive with the private sector. A committeeof the faculty will be responsible for screening applications and selecting students for participation in the program. The faculty expects the details (and funding) of this program to be settled within the next two weeks. Consequently, in the meantime, second year students interested in this opportunity are advised to delay acceptance of other summer job offers and/or to seek extensions of time in which to accept such offers. October 28, 1987 the Opinion 3 �Former UB Law Students Return as Clinic Appointees by Idelle Abrams ing. Gerber counseling lenders to assure their compliance with the provisions of the Act, which Judy Gerber Fortuity brought Judy Gerber back to UB Law School, from which she had graduated in 1984. When the Law School was notified in August that it had been awarded a one year grant from the Department of Education, Gerber packed up her belongings and arrived in Buffalo in early September to teach the education clinic with Ron Hager. After serving as a judicial clerk to the Court of Appeals in Albany for two years, Gerber spent a year in private practice in Albany. Gerber enthusiastically embraced the opportunity to teach the clinic because she finds teaching enables her to "dealwith law in a different way than I would if I were still in private practice." Working in Albany at a firm of approximately 30 attorneys, Gerber was engaged in a com- mercial practice that included litigation, contracts, and perfection of security interests. Regulatory work, applying the. Equal Credit Opportunity Act, was an area she found interest- prohibits discrimination in granting credit. She also handled some consumer protection cases representing consumers in lending transactions. Private practice was not completely satisfying for Gerber because she felt she was "not confronted with human issues that I found particularly compelling." In addition, the pressures of private practice can be "really immense and highly stressful." This is true regardless of whether you're in a small town or large city, said Gerber. Some of the pressure is external, but often it's imposed internally in an effort to do the job well. Gerber had been a student in the education clinic when she was at UB and still finds the material interesting. However, she is not sure that education law will become her main focus. Now that she is no longer working in private practice, she has more time to explore "whatever moves me" and is taking advantage of that opportunity. Her teaching experience in- eludes two years as a Teaching Assistant for theLegal Methods program while a law student. Now that she is teaching the clinic, she finds she is developing a strong commitment to teaching. For Gerber, teaching provides the "opportunity for reflection and the potential to produce scholarship." At the same time it allows her to work with students in a non-traditional context, blending practice and academia. The clinic offers students a distinctive law school experience, as Gerber sees it. It can sensitize students to professional issues that just don't arise in a traditional classroom. It also reverses the typical law school method of analysis. The case method used in the classroom begins at the end and "burrows down" to uncover the start of the case. The clinic, on the other hand, enables the student to actually construct the case, determinewhich issues to pursue and build the theory of the case. Law school is also the "perfect time" for students to get experience handling a case while being advised by clinical — instructors. The clinic also provides a setting that allows the student to get a critical perspective on what practice is like, a perspective you may not be able to get once you're caught up in it, said Gerber. Gayle Murphy Gayle Murphy, a 1986 graduate of UB Law School, had spent one year as an associate at Damon & Morey specializing in products liability and medical malpractice defense litigation when she was offered a one year appointment in the legal assistance clinic. The opportunity to approach cases from an academic and intellectual standpoint was "very appealing" so she grabbed the chance and is now teaching "Health Care for the Elderly" with Tony Szczygiel. Murphy is excited about sharing her practical skills with students in the clinic. "The skills you learn working at a firm [like Damon & Morey] are excellent," said Murphy. "You're in court the day after you pass the bar exam. You get to work with good trial attorneys, and to as- How to buy shades. • H Ifl JM — -3**"*'%^" '■■• 1 Mf ' jiW £**" yV JF\ ■ vfl : Sk , fjK^iW W/iU I Wμ jr\ ' {JmrmSl 't.£/*9m vJuBIb wmtf'rwUm m/MMM uf v Hμ ibl If The American Express® Card can get you virtually everything from spectacles to some Prett y spectacular clothing. Everywhere from Sacramento to Shanghai. So duringcollege and after, it's the perfect way to pay for just about everythingyou'll want. - How to get the Card now College is the first sign of success. And because we believe in your potential, we've ' ma(^e easier t0 etc American F-Wz® Card right now. Whether you're a freshman, senior or grad student, look into our new automatic approval offers. For details, pick UP aPPli cat on on campus or call -800-THE-CARD and ask for a student application. • ' The American ExPress Card Don't Leave School Without It." sist on some very important trials." Once she feels comfortable with the Medicaid laws. Murphy hopes to do some public speaking to educate the elderly population about the options available to them. Generally, however, Murphy is looking forward this year to "learning as much as I can about legal services for the elderly in terms of health care and sharing as much of what I know about practicing law with as many students as I can." But "it's good to be back in an academic environment," she said. Murphy finds the students in theclinic to be very dedicated and the faculty to be very involved. "The enthusiasm of the faculty is so much more evident once you've worked in private practice," she said. In teaching students how to approach and analyze cases Murphy hopes to have an impact on how they practice law. The skills Murphy learnedwhen she was in the education clinic at UB helped shape her approach to the cases she handled once she was out of school and practicing. While private practice enabled Murphy to develop strong practical skills, she is happy to be in an environment that places a value on theory as well as skills. The clinic challenges students to apply the law to real problems. In order to do this, "you need to know why the law is the way it is," Murphy said. Practical skills by themselves cannot carry you through. In addition, "if you don't have a broad theoretical knowledge of the legal process and all you know is hornbook law, you're going to be doing your client a disservice." In the clinic. Murphy is supervising students as well as carrying a caseload of her own. Murphy currently spends three and a half days a week at Legal Services for the Elderly where she is becoming familiar with the office and getting to know the people. "Since this field is a new one for me, they're my resources." Murphy also spends one a half days a week at the Law School doing research. Learning a new area of the law is "mindboggling" says Murphy. The Medicaid and Social Security laws that regulate the health services area are continued onpage 11 S • PROFESSIONAL OFFSET • PRINTING •• COMPETITIVE " MANY • DIFFERENT TYPESETTING " p _ *m £ S FAST SERVICE PRICING TYPESTYLES & PAPERS RESUME • SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street 1676 Nia. Fall* Blvd. Tonawanda, NY I 4 The Opinion X # i # October 28, 1987 ek HRELATED £ £ �Second NAPIL Conference Covers A Variety of Topics by Karen Comstock The National Association for Public Interest Law (NAPIL) held its 2nd annual conference on October 9-11 in Washington, D.C. Law students formed NAPIL to remove the barriers students and confronting lawyers interested in pursuing public interest careers and to promote projects serving the underrepresented. In 1986,atthetime of NAPIL's formation, 14 law schools were represented on the Board of Directors. SUNY Buffalo is proud to be one of NAPIL's founding members. (ÜB's membership is through the Buffalo Public Interest Law Program.) As of October 1987, 17 more law schools have joined NAPIL, 5 law schools are organizing programs and 5 more are considering membership, bringing NAPIL's projected membership up to 41 law schools from the continential United States and Hawaii. The conference consisted of 3 days of panel discussions, workshops, and board meetings. It concluded with a very well attended public interest employer information fair and a keynote address delivered by Ralph Nader. I attended the conference as graduate assistant for Public Interest/Public Service Careers, and Michael Kulla attended as ÜB's NAPIL board member and a member of BPILP. Friday afternoon's panel dis- cussion on Gay and Lesbian Civil Rights was moderated by four very articulate and entertaining activist lawyers: Kevin Berill from the National Gay Task Force, Paula Ettelbrick of Defense, Lambda Legal Katherine Frankefrom the New York City Commission on Human Rights AIDS Discrimination Unit, and Mary Dunlap, a private attorney from San Francisco, who is probably best known for arguing the "Gay Olympics" case in front of the United States Supreme Court. — The panel members discussed several issues confronting the Gay and Lesbian community including AIDS discrimination, housing and em- SBA Briefs by John Williams Student Committees Filled Quickly The process of making appointments to the various law school committees is not an easy one. Many students think that I owe them an apology because they were not allowed to interiew for a desired committee. The available slots for the Admissions and Special Program Committees were filled quickly. In my opinion this is unfortunate but reasonable. I sat down with a list of nine committees to be interviewed for within an 11-hourtime span. The two Admissions Committees were given a total of four hours of the allotted interview time. Several students have complained that last year was better because more time slots were devoted to the admissions pro- cess. Last year is gone! This year each applicant will be given a 10-minute as opposed to five-minute interview. Although the actual pool of applicants is smaller, we will be able to have more informed interviews. The notion that interviewing more candidates increases the chance of selecting the "right" candidates is an idea that does not apply in this situation. We must take notice of the fact that most students have not served on these types of committees before, especially the Admissions and Special Program Committees. We judge students on their ideas, commitment and objectivity. People are selected, not on their re- ployment discrimination, child custody issues, and violence against lesbians and gays. ject was undertaken last year in Washington, D.C. with very promising results. What struck me about these four energetic activists was their commitment and level of optimism, warmth and humor. The panelists took great care to emphasize that any civil rights movement needs both legislative reform and grassroots organizing, leaving many of us inspired to pursue both. The NAPIL Board of Directors (consisting solely of students) voted unanimously to expand the fund-raising effort to New York City this year. The funds raised will be allocated on a pro rata basis to member NAPIL schools, to be used exclusively to fund public interest summer grants. The workshops were geared toward teaching practical skills in fund-raising, recruiting and education. Another creative fund-raising technique that NAPIL provides expertise on is income-sharing programs. Since most law students are faced with high educational debts, inadequate placement resources and funding cutbacks for the public interest sector, even the most committed are finding it difficult to pursue a legal career in the public in- Since NAPIL's formation, over $600,000 has been distributed in the public interest, and income-sharing groups have been formed at five additional law schools. terest. sumes, but on the qualities they project in their 10-minute interview. If we make mistakes we apologize, but we are only human. A first-come, first-served sign-up process is unfortunately the fairest way to run the committee selection procedure. It is also the most reasonable in my mind.Forthose who were dissatisfied with the way the interviews were set up, I recommend they question next year's presidential candidates on the committee process. Law school loan forgiveness programs alleviate the debt burden of graduates taking lowpaying public interest jobs by "forgiving" the graduate's educational loans. NAPIL is working to increase the number of loan forgiveness programs. NAPIL's Loan Forgiveness Report is the nation's first comprehensive study of existing loan forgiveness programs, and the Loan Forgiveness Acprovides tion Manual guidelines for students advocating for these programs at their schools. Interviews for the following committees will be conducted within the next few weeks: Finance, Rules, SBA Representative to Sub Board, and the Ad Hoc Planning Committee. NAPIL is undertaking a fundraising drive aimed at the country's top law firms. A pilot pro- Group members contribute 1% of their salaries to fund more than 300 summer grants and full-year fellowships annually. NAPIL published Tithing for Justice, a manual on organizing income-sharing programs. NAPIL has also published The NAPIL Fellowship Guide, the NAPIL Placement Bibliography, and The NAPIL Connection, the organization's quarterly newsletter. These publications are available in room 620. On Saturday afternoon, several public interest employers participated in an information fair. Employers set up tables and spoke to students about continued on page 11 BAR/BRI Prepares More Graduating Law Students fortheN.Y., N.J., MA., CT., N.H., VT., ME., andß.l. Bar Exams Each Year Than All Other Courses Combined! There must be a reason why. yes Does BAR/BRI have the finest bar review outlines to use while in law school as well as for bar preparation? Does BAR/BRI have the most qualified faculty teaching its review course? | Does BAR/BRI have a full-time attorney staff to give each student personal assistance in using the BAR/BRI material and method? i | ' ' *J , * Compare BAR/BRI ___ ttq VC> » , ... The Competition! j~ *r . Does BAR/BRI offer its course in more locations than | any other course? t~\ A tt i ______ __ I vJjiCj Him m | . 1 , W\ \ | mm BAR REVIEW J. JtiJli UJLM J_iX , , ' ' Does BAR/BRI grade more individual essays for its students than any other course? r*i 1 A^j Mr\* \ _ n no fmW /TtJVVmTn UxiUJLOili! N ew England Office: BAR/BRI 160 Commonwealth Avenue Boston, Mass. 02116 (617) 437-1171 Connecticut Office• BAR/BRI 880 Asylum Avenue Hartford, Conn. 06105 Northeast Office: BAR/BRI 415 Seventh Avenue—Suite 62 o 9 S > October 28. 1987.TheO,pino fiveThe Opinion . 5 �OPINION OX^ STATE UNIVERSITY OF NEW YX>RK AT BUFFALO SCHOOL OF LAW Volume 28, No. 5 October 28, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulma Bodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, John Williams. Contributors: Vanessa Bliss, Karen A. DePalma, Sara Nichols, Alexei Schacht. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. TTie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Silence Equals Death On the 11th and 12th of this month Washington D.C. was transformed overnight into the Gay Capital of the World. Washington was a gay city and it was being straight that was suddenly the minority sexual orientation. Lesbian and gay throngs from all over the United States converged on our nation's capital to ask and to demand what every heterosexual in the U.S. expects and takes for granted: the right to be who they are without fear of repression or violence. The March that brought out nearly half a million people is being passed off by some as simply an AIDS lobbying effort or a flash in the pan event. While AIDS is a vital issue that the lesbian and gay activists are pushing, what happened in Washington this month was a great deal more than just a populist attempt to persuade Ronald Reagan's anti-public policy of abstinence. The slogan of the New York City gay activist groups ACT UP and The Lavender Hill Mob has an ominous ring to it: SILENCE EQUALS DEATH. But this slogan speaks to more than just the spectre of AIDS, it speaks to the repression and death of the spirit and sexuality of fifteen percent (probably more) of the population of this country. The March on Washington was not an AIDS march, it was a civil rights march. The March was a shout to be heard, to be recognized, and to be accepted as a gay or lesbian human being. Employment discrimination, housing discrimination , threats of violence, no right to marraige, no right to raise or teach or care for children, these are the types of oppression lesbians and gays have to deal with every day of their lives if they are "out". If they are still "in the closet" they have to live with the con- stant repression of their sexuality and the constant assumption of heterosexuality. Karen Thompson is a gay rights activist who spoke at the law school last spring. Karen was at the March and was quoted as she walked between the Washington Monument and the Capitol, "I'd still like to believe in these monuments. But there is no justice here. Only legal systems." If you are still wondering what your responsibility is to the gay community, as a lawyer or as a human being, think again about Karen's words. 6 The Opinion October 28, 1987 THE OPINION MAILBOX Gilbride Clarifies His Position To The Editor: I am nota member of theFederalists or any other SBA-funded organization. Because of outside commitments, I have very little time for extracurricular activities. Yet, as a law student, I gladly pay a mandatory student fee which is used to support a widerange of law student organizations. I ask very little in exchange for my student fee. My main concern is that the fee gets spent in a manner which is fair. It is precisely this concern which prompted me to attend the SBA meetings on September 29 and October 6. As a result of my appearances at these meetings, however, I have been accused of being intolerant of political views otherthan my own, spiteful, an enemy of free speech, and the reason why students lack an effective voice in the state legislature. Most recently, in an article which appeared in the October 14 issue of The Opinion written by National Lawyers Guild members Andy Bechard and Molly Dwyer, my views have been misrepresented and attacked as logically flawed. I feel a response is in order. Central to Mr. Bechard's and Ms. Dwyer's article is the contention that my views on the expenditure of SBA funds are logically inconsistent because: (1) The Guild has already been allocated its money by a body democratically elected by all UB law students, and (2) I support the anti-contraaid letter writing campaign whileI oppose the anti-Bork letter writing campaign and petition drive. As a former SBA Treasurer, I feel I have some degree of experience with theallocation and expenditure of SBA funds by student organizations. In as far as I am aware, it has neverbeen the position of the SBA that once an organization has received approval of its budget, the organization has the absolute right to spend the money however it sees fit, even if in conformity with the group's stated purposes. Rather, the SBA has the right, in fact the duty, to make sure that all expenditures of student funds are consistent with SUNY Trustee guidelines, SBA guidelines, and the purposes for which the money was originally approved. My contention in this matter is and always has been that I believe that expenditures like letter writing campaigns and petition drives are not in conformity with the SUNY guidelines as interpreted by the SBA in the past. I voiced my concern with the SBA with the hope that they would arrive at a consistent policy on this matter. I fail to see, as Mr. Bechard and Ms. Dwyer do, that in asking the SBA to articulate a clear standard, my assertion is, in any way, logically flawed. The second logical fallacy Mr. Bechard and Ms. Dwyer attribute to my position is that by supporting the funding of the anti-contra-aid letter writing campaign and opposing the funding of the anti-Bork letter writing campaign and petition -drive, my views are logically inconsistent. If this representation of my "position" was correct, I would have to agree with Mr. Bechard's and Ms. Dwyer's characterization of it. Mr. Bechard and Ms. Dwyer have, however, incor- Bork A rectly set forth my views on this matter. It is true that in explaining my position to the SBA I made the comment that because the anti- contra-aid letter writing campaign was in conformity with my political views it did not prompt me to question the legitimacy of these expenditures as did the anti-Bork letter writing campaign and petition drive. Nonetheless, I made it quite clear that my opposition to these expenditures applied to both the anti-contra-aid and anti-Bork activities, regardless of my personal feelings about the cause. As much, I am sure that even Mr. Bechard and Ms. Dwyer would be inclined to agree that, when correctly stated, my position is not at all logically inconsistent. I hope these comments help to clarify some of Mr. Bechard's and Ms. Dwyer's misperceptions. Terry Gilbride Third Year Student Political Activity? To The Editor: Andrew Bechard and Molly Dwyer's article, "Funding Guild's Activities Preserves Political Diversity," which concerns the Student Bar Association's (SBA) attempt to define political activity, sensationalizes the issue and distorts the facts. Though a democratically elected student body has allocated- monies to the National Lawyers Guild (NLG) they do not have carte blanche to do with it as they please. The NLG, and every other student funded group, must follow various rules and regulations of the State University system, the University of Buffalo and the Buffalo Law School. The question is, have the rules been followed? Under these rules groups are not allowed to spend mandatory activity fees on political activities. The suggestion that the anti-Bork table was a political activity was not an attempt to stifle free speech; it was, instead, an attempt to prohibit mandatory student activity fees from going to an activity arguably not allowed. It was brought to the SBA's attention in order for them, as our elected representatives, to provide guidelines. These guidelines could have been drawn as broad or narrow as this group decided. The NLG distorted the issues to insure this was not addressed. Further, Mr. Bechard's and Ms. Dwyer's suggestion that support of the anti-contra-aid table is contradictory to opposition to the anti-Bork table is, in their own words, "logically flawed." To be contradictory there must be no differences that cap distinguish the two. One such difference is the fact that one table deals with a political appointee while the other deals with a political issue. This difference may not be where the line should be drawn, but those who suggest such a distinction should not be painted as intolerant. Mr. Bechard, Ms. Dwyer and the NLG have attempted to turn the issue into one of free speech and free expression. I, northose who see a need for a definition of political activity, do not disagree with the view "that voicing your opinion and acting on that opinion is what participatory democracy is all about." Noone has suggested we prohibit the NLG from voicing their concerns. The suggestion is that my money should not be used to send a letter to a congressman in support of actions continued on page 11 Student Wants More Balanced Approach To the Editor: It is with some trepidation that I join the debate recently initiated by Alexei Schacht with a reply by Professor Thuronyi. But I feel strongly enough about the issue, and Mr. Thuronyi has so thoroughly missed the point, that I will attempt a response. I, too, was non-experimented upon in my first year by assignment to section three. Like many of my sectionmates, I felt that I came away from the first year with a poor understanding of the fundamentals of law. None of the people who I have talked to would have preferred a course in black letter law learned by rote. We do feel that we should have become minimally conversant in the language of the professions. The point is not that any given person cannot recall a specific point of law on some occasion. That is understandable. The point is that too many of us have never been exposed to fundamental principles. That is inexcusable. Mr. Thuronyi suggests that a bar review course or reading hornbooks will fill in these vital gaps in due time. I would suggest that the foundation of basic principles should have been laid in the first year, with our subsequent studies cementing these ideas, so that a bar review course would in fact be mostly "review." Too often many of us find ourselves back- tracking to teach ourselves principles that should be familiar. Perhaps this is an issue that the SBA could address. I would like to reiterate that I, personally, would not support a pure "black letter" approach. What is needed is more balance. I applaud and approve of the Buffalo Model as I thought I understood it when I chose this school. Taking the needless harassment and pressure out of a legal education is worthwhile. Taking an understanding of the fundamentals out is a disservice to the students and to the reputation of this law school. Robert E. Cuffney Law Student Opinion Mailbox cont. on page 9 �Res Ipsa Loquitur by Daniel Ibarrondo Those Who Trespass Against Us Are Not Foreiven by Daniel Ibarrondo I can hear Paul Revere now if he was at UB Law riding his skateboard shouting "the undergrads are coming, the undergrads are coming." Unfortunately there is no Paul Revere among us. Somebody has got to pick up the slack or address the lack ofattention that's going around these days as far as John Lord O'Brian and the Law School is concerned. I have been deeply alarmed by the loss of control over our Law School that has been taking place since last semester. It seems as though the Law School is turning into an "undergraduate haven." Last semester we had to live with undergraduates bombarding the Law School library. They would come in hordes and use the library facilities such as the xerox machine, study carrels and virtually all study places and/or quiet areas. In observance, it was obvious that their general interest was in meeting "lawyers." I have nothing against meeting undergrads, they do provide a diversion in this atmosphere, but I can go over to their "territory" to do such "scoping." This year it is not only the undergrads who have taken over, but some strange force coming from Capen has forced student clubs to double up. Meanwhile, we have virtually the whole seventh floorof the Law School occupied by the economics department. This Law School is not a school but a department within the whole myriad that makes up SUNY at Buffalo. The Law School should be an institution in connection with SUNY with our own infrastructure controlled by our own administrators. Last year while studying during exam week with my torts study group in Room 210, Donna, David and myself were kept from studying in the Law School for our final and only exam in torts by a group of undergraduate sorority sisters who had the room reserved for a meeting! This is outrageous. The undergrade have carrelsfor group study in UGL, we don't. The only places we can study as a group is in our classrooms. Check this out, it apears that if we want to study as a group in our lecture rooms during exam week, we have to reserve the room! Guild Perspectives I don't have anything against undergrads, I think they serve some purpose in life. But, I do resent my having to deal with this "interdisciplinary" approach to legal education. This is not an argument of "ours" and "theirs." This is a plea for control of theLaw School which is quickly going to that big resting place in the sky. There is no reason why clubs should have to double up in office space if there's space available on the seventh floor. I wouldn't object to the use of the seventh floor by economic professors if they were teaching courses in the Law School related to law and economics, but they're not. In that case, the office space should be used by UB Law Student clubs. Why should the Law School have to suffer and double up because of SUNY's bad planning in constructing buildings with no lecture halls. I'm sure they wouldn't dare do this to the Medical, Dental and Pharmaceutical Schools. Rumor has it that these schools would eventually be the only ones located on the Main Street campus, with the Law School doubling up to providefor the extra needed space. It's happening now and will continue to happen unless we act now. Have you seen poor John Lord O'Brian lately this semester he's walking about crippled and maimed crying out in vain, "I'm not a department, I'm an institution." Come back Mr. Gourman Report don't leave come back. .. — — by Andrew Bechard and Molly Dwyer The AIDS Epidemic:Silence Equals Death by Molly Dwyer and Andy Bechard By dinner time Friday, they were noticeable. On Saturday they were übiquitous. Pink triangles. Everywhere. 500,000 people were pouring into Washington, D.C. to take part in the March for Lesbian and Gay Rights and each was marked with a pink triangle, used by Hitler to distinguish gay men and lesbians in Germany and the occupied terriotries, as well as in concentration camps, during the Second World War. There wefe pins and buttons and tshirts and earrings. Everyone was marked, either by a triangle or by the absence of one. Dupont Circle was packed with people lining up for ice cream and Mrs. Field's chocolate chip cookies; people streaming out from the subway cheering at the sight of the crowd; people sitting on the steps in front of shops and businesses watching the multitudes surge past; people hanging out by the subway entrance and in the park waiting to meet up with friends; gangs of friends wandering the street window shopping and menu reading. The line of people trying to into Lambda get Rising bookstore snaked in and out of the crowd forabout a block. The traffic was bumper to bumper. A silver Mercedes driven by a lone man in a suit cut off a small car full of people. The man driving this car stuck his head out of the window and screamed, "What are you, straight or something?" People on the street yelled and applauded and cheered. Marchers gathered at the Elipse at noon on Sunday to wait patiently for their turn to "stepoff" and begin the twentyminute walk through Washington, past the White House, to the Mall and the rally. A large group of people with AIDS formed the start of the procession. Many of these men were in wheelchairs. All were supported by friends. Some people simply carried signs with the names of friends and lovers who were too sick to make the trip, or who had died. Many of the sick had made an arduous trek from the west coast in spite of discriminatory treatment by various airlines who were reluctant to accom- modate them. Many had come from New York City on a crowded commuter train offered by Amtrak at the last minute in an effort to allay the controversy surrounding theirdecision not to provide the more comfortable high speed train which had been promised originally. The purple lesions of Kaposi's sarcoma marked its victims more painfully than their pink triangles. The March moved slowly, state by state from west coast to east, through streets lined with cheering, sign-carrying people. The atmosphere was one of strength and frustration and fun. The call was for basic recognition under the Constitution and even more centrally an end to the Reagan administration's gross mishandling and/or denial of theAIDS crisis. The New York contingent provided a graphic illustration. They arrived at the Mall at 5 o'clock, five hours after they had first gathered on the Elipse. Their spirits were still high. Hundreds led the way wearing black t-shirts emblazoned with a pink triangle and the words "Silence = Death." On one end of the Mall, hundreds of thousands of people danced and applauded and mingled and cheered the various performers and speakers who made up the well-orchestrated rally. On the other end of the Mall, there was a completely different scene. You stepped across the sidewalk and you felt it. The silence, broken only by sobs that seemed to come from some deep, inconsolable place. The Names Project is a huge quilt fashioned from thousands of 3x6 ft. handmade cloth panels, each one representing someone who has died ofAIDS The Project brought 2,001 panels to Washington. The/ had to leave another 1,000 or so behind because they couldn't afford to fly any more weight this trip. People walked silently around the quilt, speechless at its enormity, at the pain and loss it represents. One panel was sewn from the favorite shirts of the man it was made for. One had a worn and — faded jean jacket on it. One had a guitar. Several had photographs. Many had poems. Still others just had names, and dates. All had been made with love and in grief. Worried, nervous faces walked around the quilt looking for a particular name, hoping they wouldn't find it. You could hear an audible intake of breath when the name was spotted, and then, see the tears spill over. For many, seeing the name of a loved one on the quilt represented a final closing; the concrete recognition of loss. One grief-stricken man threw himself over the name of his lover. Another man just stood at one corner of the quilt, tears streaming down his face, and said over and over, "Six of my friends are out there." Friends and strangers held one another as they cried. As of July 20, 1987, there were 38,808 diagnosed cases of AIDS in the U.S. alone; of those 22,328 have died. [See Radical America, vol. 20, n0.6, p. 2.] It is a disease with far- reaching political implications. From the reporting of the first cases, we have been inordinately concerned with who gets it. AIDS has been linked to lifes- tyles and morality from the start. We seem to have lost devastating illness. Why is more money spent on researchsight of the fact that it is caused ing cures for baldness than on by a virus. Instead, we say that AIDS research? Why aren't conit is a disease of gay men, of doms advertised on television, promiscuous people, of prostiin newspapers, on public transtutes, of intravenous drugportation? Why are we relucusers, of people who have sex tant to discuss the sexual pracwith intravenous drug-users, of tices that are the most risky? Haitians. These people are cast Our list of questions is long as Other. We're safe. They will and we are running out of get it. If we're not one of them, space. We include part of the we don't have to be concerned. Boston Phoenix's Safer Sex Guide in the hopes that it might If a child or some perceived non-Other dies, they are cast help us to start thinking about victims. Denial is rampant. some of these questions. There are many important If you have any questions of and complicated political isyour own, stop by room 118 sues caught up in the AIDS O'Brian Hall, which houses the epidemic and our response to National Lawyers Guild, the it. What we don't talk about not Gay Law Students Organization only leads to political disemand In the Public Interest Jourpowerment it can kill us. Connal. Also, The Names Project is trary to popular belief, things taking the quilt on a national don't go away just because you tour beginning in the Spring of don't think about them, don't 1988 in an effort to raise money talk about them. We have to for AIDS research. It is not too think about AIDS, about the late to make a panel and have ramifications it has for our lives, it included. If you want informaabout ways to alter our sexual tion on the Project, write to: The activities to ensure safety for Names Project • P.O. Box 14573 ourselves and for our partners. • San Francisco, CA 94114 or We must think about the meanagain, stop by room 118. ing behind our readiness to see Think about these things. Ask this as a disease of Others, questions. Talk to other people about our government's refusal about them. We really do beto treat this as a widespread lieve that Silence = Death. and — Start Facing TheFacts And Prepare To reduce the likelihood of becoming infected with HIV, and hence contracting AIDS, you must: understand that almost anyone could be infected with the virus, so for all practical purposes there are no longer highrisk groups, only high-risk activities; practice safer sex every time you have sex; never share an IV needle with anyone for any reason; remember that when you are under the influence of drugs or alcohol your ability to make sound decisions about sex and your health can be severely impaired. Make sure both youand your partner understand and agree to practice safer sex before you get high. If after a few drinks you feel that it's worth jeopardizing your life to have one night of unprotected sex, your judgment is impaired. Practicing safer sex is the only way to remain sexually acyour • • • • tive and protect yourself from exposure to HIV. Though abstinence from sex may be a viable alternative for some people, for the majority, trying to abstain from sexual contact is not realistic. You do not have to give up sex to avoid AIDS, but you absolutely mustgive up unsafe sexual practices and follow these safer-sex guidelines. Vaginal intercourse Since the AIDS virus can be transmitted by vaginal secretions, semen, and blood, in vaginal intercourse both partners are at risk. This risk is heightened if either or both the partners have cuts or sores on their genitals, through which the virus could gain easy entrance to the body. Condoms have been shown to block the transmission of HIV; they offer the best protection against AIDS transmission through sexual intercourse. Though they can break or leak and are not a complete guaran- tee against HIV transmission, when used properly, with plenty of water-based lubricant, they rarely break and do reduce both partners' risk. Never reuse a condom or use an old or mistreated one. And always grasp the condom firmly at the base while the penis is being withdrawn, to prevent spillage. Anaf intercourse Both homosexual and heterosexual couples engage in anal sex: like vaginal intercourse, anal intercourse puts both partners at risk. The anus is often tighter than the vagina and the tissues lining the walls rupture easily, allowing bleeding that may not be visible to take place. Moreover, because of the tightness of the anus, condoms are more prone to break during anal intercourse. Using plenty of water-based lubricant reduces the likelihood of the condom's breaking. It is also a good idea to withdraw continued on page 9 October 28. 1987 The Opinion 7 �Stanley H. Kaplan has chosen his bar review. Have you? For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic j*stik integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's M decision an easy one yours should be too! % Preparation is now available for CaliJ& fornia, Colorado, Connecticut, District of Columbia, Florida, Illinois, Maine, M Maryland, Massachusetts, Michigan, I j≤ New Hampshire, New Jersey, New Jk Mexico, New York, Pennsylvania, M Rhode Island,' Texas, Vermont, and Virginia. W W j< % fc^*^jtefthn, Wk wk »Ik - UI I TB ■ ' x^ /jT ' PP*BbX> M ■—" * M| W SIM' fM J The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica J 381 ||fc», '' * ' jMi flip* % The,«Opmioni �' Octeber 28. 1987 i STANLEY KAPLAN ED. CENTER 1330 Niagara Falls Blvd. Tonawanda, NY 14150 716-837-8022 8 fel^ w\ ■ A H �Rifkin Takes Time To Reflect On Efficiency Obsession by Andrew Culbertson Perhaps the most effective tool Jeremy Rifkin possesses is the ability to make us rethink certain values that we, as a society, have come to take for granted. For example, the con- cept of time, which was thesubject of his discussion and is the subject of his new book. Time Wars: The Primary Conflict in Human History. Rifkin describes time as "the most abstract social phenomenon." Although he admits that time has been an important issue throughout history, he feels that the obsession in this society has and has had with time is disturbing. This so-called "obsession" with time can be traced back to the early part of this century, when Frederick Taylor espoused his "theory of scientific management." His belief was that if you timed how long it takes an assembly line worker to perform a certain function, that you could create a universal standard by which to monitor the performance of workers. In the long run, this would create efficiency within thefactory. Today, according to Rifkin, Taylor's theory has been applied to many different lines of work, including supermarket checkers and secretaries. Achieving efficiency is ultimately where the obsession lies. According to Rifkin, our society has made such an effort to become efficient, that it has, in a sense, become a prisoner of its own device. To support this conclusion, Rifkin points to the nano-second, "a timeframe below the realm of perceptibility." A nano-second is one-billionth of a second, and is a measure of time that can only be comprehended by a computer. Rifkin's point is that man is dealing with measures of time that he can't comprehend. He believes that it is possible for man to create a level of efficiency that is so high and so fast-paced, that he will be unable to keep up with it. What could happen is that we could have a society that is run by computers that would essentially take control of time. He cited an example of a factory in Japan thatis totally run by computers. "With computer programs, it's possible for man to experience the unfolding of the future without actually having a role in it." In other words, we can watch the future happen without being an active participant. To this extent, Rifkin questions whether or not efficiency is such a good thing. Another problem he sees with efficiency is what he refers to as the "quick fix versus the long-term benefit." Do we want a society made up of buildings that take six months to construct, but fall down in 40 years? Or do we want buildings that take years to build, but ultimately last for hundreds of years? Ultimately, it would appear that ultra-efficiency, or the maximization of the use of time, is a "quick fix" to achieve progress. However, maybe it's about time our society discarded the theory of "maximum efficiency," not only to preserve the quality of society, but to preserve time as we know it. Contrary to the issues he discusses, Jeremy Rifkin's demeanor might be described as anything but heavy-handed. Suffice it to say that he would have been a great stand-up comedian. The most enjoyable aspect of the discussion was the interplay between Rifkin and the audience. At one point in the lecture, a member of the audience stated, "I think your discussion is a little onesided." To this, Rifkin halfshouted, "Of course it is!" He then joked that if therewas anyone in the audience who completely agreed with what he was saying, they should consider having their head examined. Regarding the legal battleshe has waged in Washington against genetic engineering he stated, "I won't lie to you, I love to kick ass in Washington." With comments like these, Rifkin had little trouble keeping the audience entertained. This isn't to diminish the importance of what he said. However, I am reminded of an old saying. It's not what you say, but how you say it. In Jeremy Rifkin's case, he does a good job in both departments. Safe Sex beforeorgasm to lessen therisk of transmission from a broken condom. Oral sex (fellatio) Since semen is a high-risk body fluid, ejaculating into the mouth is risky. You should always use a condom when you engage in fellatio. And because small amounts of fluid are released from the penis well before orgasm, you must put the condom on before you begin, and take it off only when you are done, taking care to avoid oral contact with your partner's semen. There are on the market a number of unlubricated condoms that have no odor or taste; these are well suited for use during oral sex, especially when used with a flavored water-based lubricant. Oral sex (cunnilingus) Since theAIDS virus has been found in vaginal secretions, menstrual blood, in saliva (in small amounts), and in the mouth when there is blood pre- continued from page 6 sent from a cut or sore, unprotected cunnilingus is unsafe. To avoid possible transmission of HIV during cunnilingus, always use a latex dental dam or piece of plastic wrap between the vulva and the mouth during oral sex. Take care to avoid getting vaginal fluids in the mouth. Moreover, because the AIDS virus may be present in menstrual blood, some experts suggest avoiding cunnilingus almenstruation during together. If you are looking for a way to free your hands during cun- nilingus, you might try rigging something up with lingerie that will hold the dam in place. Some elastic straps and girdle clips, or a pair of crotchless or ordinary panties, a sewing kit, and a little imagination will enable you to solve this problem. Always use washable materials with no sharp edges, and never reuse or share a dental dam or plastic wrap. Oral-anal contact Though this type of sexual activity is thought to be relatively low risk, thereremains the possibility thatthe AIDS virus could be exchanged during oral-anal sex through blood or feces. Moreover, there are many parasites and bacteria that can be transmitted in this way, so a latex dental dam or a piece of plastic wrap should be placed between the anus and the mouth to avoid the exchange of these organisms. Remember never to share or reuse the dams or the plastic wraps. Water sports Urinating on your partner has never been considered especially hygienic, and it still isn't. But should you engage in this practice, confineyour activity to urinating on healthy, unbroken skin, andavoid all body orifices. Masturbation Stimulating your partner to orgasm with your hands (or a vibrator) is a relatively low-risk sexual activity, provided you Weekend of Death & Dying Seminar Law students interested in the legal, ethical and policy issues involved in terminal care decision-making are invited to join their peers and a nationally recognized faculty in law, medicine, nursing, social work, chaplaincy, and health care administration at interdisciplinary workshops sponsored by Concern for Dying, a national notfor-profit educational council. The Collaboration: A MultiProfessional Network for Death, Dying and Decisionmaking, was developed 10 years ago by Concern for Dying in cooperation with the American Medical Students Association, the National Student Nurses Association, and the Law Student Division of the American Bar Association. Three student workshops scheduled for 1988 include one session on April 1-4 (Cashiers, North Carolina) for students who have had clinical experience with dying patients/clients and introductory weekends on January 15-18 (San Francisco, California) and on March 4-7 (Airlie, Virginia) that are designed for student professionals who have had little or no clinical experience. Advanced students will join practicing professionals for a weekend dedicated to the com- plexities of AIDS treatment and decision-making on July 15-18 in Healdsburg, California. Law studentsfrom across the country are invited to apply. Meeting expenses are covered by Concern for Dying, and some travel scholarships are available. Spaces are limited apply soon. — For applications or additional information, please contact your local LSD/ABA representative or Penny B. Weingarten, Program Coordinator, Concern for Dying, 250 West 57th Street, Rm. 831, New York, NY 10107; or call collect 1-800-248-2122 (in New York, call 212-246-6962). More Contortions From Contorts To the Editor: The first year of law school can be a traumatizing experience. During this period, most of us have not yet realized that it is fairly difficult to receive anything less than a "Q". Moreover, many of us have not yet learned to effectively sift through the garbage, and thus the anxiety we create for ourselves in trying to figure out just what it is we're supposed to be learning can be tremendous. Both Contracts and Torts can be individually abstract and difficult subjects. The recent Contorts debate has centered around the relative desirability between emphasizing critical legal theory as opposed to Black Letter Law within the first year curriculum. As a Contorts alumnus, I believe that a theoretical mix of these two subjects during this stressful and confusing period makes the mastery of both the theoretical and black letter aspects of these courses all the more elusive. Inclusion of this course in the first year curriculum is where the true "misallocation of resources" lies. Michael Lavender and your partner have no cuts, sores, or abrasions on your skin or genitals. Once you have touched your partner's genitals, be sure not to transmit your partner's semen or vaginal fluids from your hands to your mouth, genitals, or other orifices. If you are concerned about a cut, open sore, or broken skin on your hands or genitals, use a condom, a dental dam, or a piece of plastic wrap, or use rubber or plastic gloves while manually stimulating your partner. The use of dildos, vibrators, and other sex toys is safe, as long as you don't share them; remember to wash them thoroughly in hot, soapy water after each use. French (or deep) kissing Though there has to date been no known incidenceof HIV transmission resulting from deep kissing, the AIDS virus has been found in small concentrations in saliva and in higher concentrations in blood, and therefore it can, theoretically, be transmitted from mouth to mouth. For this to happen, both partners would probably have to be bleeding in their mouths and exchange quantities of blood sufficient to infect their partner. The best way to reduce this risk is to practice good oral hygiene, but to lessen the chances of bleeding gums, avoid flossing or brushing your teeth before French kissing. To keep your breath fresh, use a mouthwash before kissing, and a toothbrush after. And be aware of the general health of your mouth, throat, and gums. If you have a cut or a sore, you should refrain from kissing. Spermicides There is a spermicide called Nonoxynol-9 that has been shown to kill HIV in test tubes but has not yet been proven effective in the body. Since many contraceptive sponges, foams, and jellies contain this chemical, and there seem to be no serious side effects, there is probably no harm in taking a little extra precaution by using the spermicide. However, you must also use a condom, since Nonoxynol-9 may not work as well in the body as it does in the test tube. As an extra pre- caution, in case the condom leaks or breaks, okay but don't use Nonoxynol-9 instead of a condom. — Drugs and needles If you use any IV drugs, either legal or illegal, you must never share works or cookers with anyone. The only way to ensure the sterility of your paraphernalia is to wash it thoroughly with a strong solution of bleach and water, and then rinse it completely in clean water. Though there is no clinical evidence to date documenting nose-to-nose transmission of HIV from sharing straws or rolled-up bills while snorting cocain or speed, it seems sensible to avoid sharing such paraphernalia because of the possibility of blood in the nose. Some final safer-sex points to keep in mind: Remember that protecting •yourself from AIDS doesn't mean giving up sex. But it does mean modifying the way you have sex. that AIDS is Accept •everyone's responsibility especially your own. There is no longer any such thing as a high-risk group, such as gay men, prostitutes, or IV-drug users. There are only high-risk activities that put anyone and everyone who engages in them at risk. Remember that condoms are not perfect protection, since they can leak or break. However, when they're used properly, the chances of this happening can be greatly reduced. Read the tips in this guide to learn how to use them safely. There are many ways for all of us to express ourselves sexually without putting ourselves and our lovers at risk of getting AIDS. Remember that satisfying sex doesn't always have to vaginal, include penetration oral, or anal. Be creative, romantic, and erotic, but don't ever be unsafe. Each of usis responsible for his or her own sexual behavior. Remember it takes two to have unsafe sex, but only one to prevent it by just saying no. Stand firm; someone who is willing to risk your life and his or her own to avoid using a condom, or any other safer-sex practice, just isn't worth having sex with. • — — October 28, 1987 The Opinion 9 �§| j^"liffITMEII jt&b&wr ffiSOr w& IH must DECEIVED BY 11/15/87 The Pieper Course Includes: mtKßm . —*l WMTH THE &*— IHII ■■■V yrn |J ■fl II II ¥ C fill I 111I" Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. ft Complete lecture series fefly writing ft Multistate Practice and Exam ft Multistate Professional Responsibility Exam tV Multistate Volume Professional Responsibility iIUS — I I JO/W iWper S /Ti; Jn CuiAnrtnn lll'Lfltloo Uu/t/u/lCc For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (516) I I I I I ——■I I 10 The Opinion October 28, 1987 �Miss Social Procedure by Fiona Smythe-Horch When Carrying Out Your Illicit Tryst, Try To Be Discreet Dear Miss Social Procedure, My girlfriend and I plan to take a short vacation during semester break. When we stop at a hotel for the night, I think it would be less problematic to register as Mr. and Mrs. Mγ girlfriend wants me to register with both our names. Wouldn't it be more proper to present ourselves as a marriedcouple? Gentle Reader: I've never been asked the prope r way to carry out assignations but in recalling my own misspent youth, I find myself sympathetic. Those engaged in illicit activities often imagine their antics to be as interesting to observers as they are to the participants. What, from your vantage point, appears to be a sensational good time is, to a tired room clerk, only another cus- Filvaroff from encroaching on student study space. The serious lack of space caused the immediate veto of Filvaroff's suggestion that the sth floor A-V area be moved and converted into a student lounge/eating area, which seems to be the dean's major concern. Filvaroff has been looking into various ways to establish a full-scale or even satellitestyle cafeteria for exclusive use by the law school. His emphasis on this aspect of student life is not merely in recognition of the fact that occasionally we need to eat. Filvaroff's proposal for an eating area was to allow students and faculty to associate with each other in non-classroom settings and to create a NAPIL tomer. They are accustomed to renting rooms to unmarried couples, some of whose 'travels' consist only of riding several miles out Route 5. It is unwise to ask a hotel employee to participate in what will one day become a past indiscretion. In the bad old days an unmarried couple often had difficulty finding accommodations but this was a time when everyone considered themselves the guardians of everyone else's morals. Hotel owners feared that unmarried couples would fall to the lobby floor and frolic unrestrainedly before school children from Dußuque. Though I am not a stickler on what ladies do or don't do, a general rule of thumb is for a woman to busy herself elsewhere anytime a gentleman admirer is attending to matters in- feeling of community withinthe school. SBA President John Williams remarked that acquiring more student lounge space should take precedence over a cafeteria, and students should not be expected to forfeit the limited amount of lounge space that they have. Others, however, voiced the opposite opinion. Professor Erroll Meidinger suggested that because we have never had such a facility, we cannot know what we are missing and what it would add to the law school experience. Professor Thomas Headrick, a former dean of thelaw school, remarked that when O'Brian Hall was first built, there was a law school cafeteria in the base- volvingan exchange of money. At a hotel she can examine travel brochures or find something interesting out the window. If this is not possible, she can mentally remove herself by engaging her escort in light conversation while he registers. For example, "Let's look at the map and plan a side trip for tomorrow," or "Wasn't it lovely (or awful) to see Aunt Mildred?" Even the room clerk can be drawn into the conversation with inquiries into dining room hours or local historical sites. If yourcompanion is properly distanced from financial matters, she will be equally oblivious to the exact nature of the registration. On a practical level, you both have an interest in not leaving a record of your time together. In future either of you may wish ment of adjacent Baldy Hall. Students and faculty would eat together and talk on a more casual, one-to-one basis. This, according to Headrick, created an entirely different atmosphere within the school. Initially, Filvaroff had hoped to convert O'Brian's unused basement area into an exclusive cafeteria. This proposal has proven, however, to be cost-prohibitive. Another idea would be to open up the sth floor courtyard to students and install a canopy or even a roof. These proposals will be looked into, but are likely to be problematic. The most optimistic-sounding suggestion isto open upthe 4th floor student lounge and the Participating organizations included the Mexican-American Legal Defense and Education Fund, the National Wildlife Federation, People for the American Way, Vietnam Vete- rans of American Legal Services, and many more. I talked to many of the representatvies, and grabbed every piece of information available, which is also available in room 620 for anyone interested in checking it out. The conference ended with a keynote address delivered by Ralph Nader. Nader encouraged the law student audience not to go through law school with a narrow mind. He stres- sed that law students' first Murphy SUDDENLY,TIME SlttO STOi ,BWS FEU. SatHT. COEDS QUl\t«H>lN/»inCIWION S«ELCCN--mE ZENITH OOMPOTER NERD-HOSItfVED OFF THE BUS. Here's Sheldon the Computer the hottest new hunk Nerd... on your campus! He's hip. He's cool. He's the new wave nebbish. Now you can discover Sheldon's secret to TheZenith Data Systems Z- 159 Enhanced PC ■ U^g7 yv j»«-i\ I to run * virtually all MS-UOS "mI MIHS ,, | software • 76KK RAM for enough niemor>to hold large spreadsheetsand datam Mj}.|X)Sincliidl!d graphics Windows • Microsoft software withhard disk version complex and often unclear in their intent. "No one knows what [the Medicaid statute] is really supposed to do." Working in such a new area of law has its advantages in that "the cases we have are breaking new ground." . Computer Nerd success with this special offer from your Zenith Data Systems Campus Contact. Sheldon gives it a big thumbs up! Here's the Sheldon Special! Great for • heavy-duty word processing. accounting and spreadsheets! AJsoavailable with 20MB HardDisk and Single SW" Floppy Oml sM-Hw.lMLh.ci •β-eediwajpnre $l.5»00 Sp*vi«lSiudtnt Pri™-- * r^.cu\ $*| |1/IC| X.^\J^:Z7 Both models available n8 h o;'»,"n7 v?de.: ——^~ I. Hercules-compatible or CGA video /?5S«—>v 2. EGA video XSPwiSw\ Visit your Zenith Data Systems Campus Contact today: Heath/Zenith Computers & Electronics 3476 Sheridan Avenue -"Krjwvjw fiMA (S \/ V) VVSSfS/^ VQ*£i£tJ J^10*1 Sterns ~?&B3S^Hr THE CXJAUTYGOES IN BEFORE THE NAME GOES ON* Ask about how you can qualify for easy monthly payments witha Zenith Data Systems Credit Card! Sprcul (rand odef may indicate. Considerthe pos- sibility of a political career. Wouldn't the Enquirer love to find thatregistration card when she appoints you to her cabinet! Dear Miss Social Procedure, From your last column, I see you are a purveyor of what you call "conversationalkindness." We all know that you mean a type of lying hypocracy which is very distasteful. Why should I tell someone they look nice when they don't? Why should I say I had a good time when I didn't? M.K. Gentle M.K., Good manners and honesty often, to the casual observer, appear to be at cross purposes. Conversational kindness, rathCSEA staff lounge and create one large student/faculty lounge and possibly an eating area. A full-scale grill operation would probably be out of the question because of ventilation problems, but a satellite such as the one along the secondfloor walkway between O'Brian and Baldy could be feasible. This proposal also has problems because of the handful of students who make regular use of the 4th floor lounge for studying. There was also the suggestion that any new food service facility is likely to draw non-law students because the Baldy satellite cannot accommodate all of the students who wish to utilize it. This problem erthan being predicated on fabrication, is the core of human relationships. What it requires is the instinctive translation performed by every recipient of a conversational kindness. "What a lovely dress," "I'm so pleased for you," and "You look wonderfully well today" really mean, "You are important to me and I want you to feel good when we're together." I assume that in the name of honesty you are willing to tell someone that they are dressed incorrectly, don't deserve a happy event, or look a wreck. Perhaps you should circumvent social intercourse altogether and simply state to every passer-by: "In hopes of making my miserable self feel better, I am willing to make you feel awful." I'm sure many people will be happy to make your acquaintance. continued from page 1 was of concern to Dean Filvaroff because it would defeat the purpose of having a law school cafeteria. Dean Filvaroff welcomed all of these concerns and suggestions and remarked that his job as dean will be to weigh out all of the relevant factors and eventually to come to a decision. Filvaroff stressed that nothing is definite yet, although he would like to get some decisions made soon in order to plough through the inevitable as red-tape bureaucratic quickly as possibly. Additional comments and suggestions would be most welcome and should be directed to Professor Lee Albert. continued from page 5 summer and permanent employment opportunities with their organizations and gave out materials explaining their group's particular goals and concerns. ' to present yourselves as more innocent than a hotel register good only on purdusn thraifh Zenilh ConUHfi) hMrd dmvc by Mudraii, baity md sUfl fnr Ihrir own inc. No othrr ditriHMis inpiy. I-*"*' ""<■ pcfionjl convwter %ni on* mcmlor per mdividiul m v>r i2-ronnih pennd. Pnrvi sub)ni to Hwnif- Mlrat WtliT. OiW7. 7ymthI)>t a S> Mein* Teaching is not a new endeavor for Murphy. Before coming to law school, Murphy earned her B.A. and M.A. in education and taught learning disabled children for three years in public schools in Buffalo and the suburbs. Teaching priority should be to use our power to influence changes in the law school curriculum to re- flect relevant societal concerns. We should be demanding courses in Poverty Law, for example. He also stressed the need to learn about institution building, using examples of the NAACP, the NRDC and the ACLU organizations that were formed by individuals who "stepped back from the brush fires of the day" to address the systemic causes of society's ills. — continued from page 4 thesechildren was fun but often frustrating. "When you're so busy controlling behavior, somehow thetransferof knowledge gets lost," Murphy said. That setting also presented a limited opportunity for growth. "In a public school system the highest you can go is principal." This option, in addition to being somewhat remote, would not have enabled her to satisfy her need to fulfill herself academically. She came to law school, in part, to see if she "could do it," and challenge herself academically. Political Activity that I oppose. This is violative of my rights. [In Golda v. Bloustein, 686 F.2d 159 (3rd Cir. 1982) rev'g, 516 F.Supp 1142 (D.N.J. 1981) the Court of Appeals for the Third Circuit held that Rutgers University could not collect a student fee to support a student group if the group's activity were essentially political.] To Ralph Nader, a comprehensive legal education emphasizes a broader understanding of political, economic and social forces. By studying legal history, we can examine the mistakes of the past and use our skills and education to implement social change. Nader also criticized the vast majority of attorneys who suffer from "retainer astigmatism," who don't look beyond the interests of their (usually high-paying) clients. He termed current law firm billing practices as "the largest form of white- collar crime in America," citing the commonplace practices of doublebilling and non-itemization. Nader ended by pointing out that students, by their unique status, are far more able to make a difference in society. He called on law students to maintain a "dynamic conscience." In answer to the question, "What is public interest," Nader replied, "Can you bring your conscience to work every day? If yes, then it's public interest." continued from page 6 The fact that students have expressed concern over this issue points to the need for SBA action. Having no definition of political activity does not preserve political diversity, it only insures that views unpopular to those in power can be barred from receiving student activity fees. Those who feel otherwise need only turn the clock back to the Spring of 1985 when the "left" effectively prohibited any student activity fee from going to the Right to Life Club because their activities were bound to be political. James P. McClusky Third Year SBA Director October 28, 1987 The Opinion 11 �NEW YORK, NEW JERSEY AND NEW ENGLAND STUDENTS: MULTISTATE PROFESSIONAL RESPONSIBILITY More people take BAR/BRI than all other bar review courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). Note:As of September 1,1986, NewYork, New Jersey, Massachusetts, Maine, New Hampshire, Connecticut and Vermont have decidedto require the MPRE for Bar Candidates. (Rhode Island has not yet adopted the MPRE.) Date: Time: Place: SAT., NOV. 7 9:00 3:00 PM ROOM 106 - *(Additional Locations Available fl / \\J/\JJ\J bar review 12 The Opinion October 28, 1987 - Contact Boston Office) The Nation's Largest and Most Successful Bar Review. M 415 Seventh Aye., Suite 62, New York, N.Y. 10001 (212) 594-3696 (201)623-3363 (914)684-0807 (516)542-1030 160 Commonwealth Aye., Boston, Mass. 02116 (617) 437-1 171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-10-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/28/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/65179466f75e825569c0d733aabf9165.pdf 8df63dfc9a1a25aa474472128a6554ec PDF Text Text THE OPINION Volume 28, No. 6 November 11, 1987 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Incoming Dean Interviewed on Long-Range Plans by Krista Hughes David Filvaroff will becoming to UB Law School in January to assume the position of permanent dean. He brings with him a solid background in government work, and among his goals for the law school are obtaining increased funding for the Jaeckle Center for State and Local Government Law, and expanding opportunities for students to engage in public interest work. Filvaroff believes "public service is something that, in an ideal world, every lawyer should take time to do. As the only state law school, we have a special obligation to demonstrate the desirability, importance, and the ultimate attractiveness and rewards of public service." Dean Filvaroff sees it as a "great mistake to discount the importance, significance, respectability and rewards of assuming public responsibility." Buffalo is one of just a few law schools to have a program which provides a concentration in state and local government law, and Filvaroff is pleased with the existence of the Jaeckle Center. His own experience working with the government showed him "the excitement and sense of participation one can have" in such a position, and he would have sincerely regretted missing out on the opportunity to do government work. Filvaroff is very supportive of ProfessorKannar's proposal for creating competitively-paying internships in state, local and federal offices. The new dean "would like to see us have a significant number of law schoolfunded internships in local and state public interest groups." One of his more immediate concerns, however, is getting to know the students. Because of a prior commitment at New York University Law School for the fall semester, Filvaroff is in Buffalo infrequently, and his visits here are usually filled with meetings with faculty, staff and administration. He has not had a chance to just walk through the halls and "get a sense of theplace." Also, it would help if he could speak with students. One ideathatFilvaroff is planning to institute is a regular meeting, maybe once a month, with student representatives from the law school. The meetings would be an opportunity for students to relate grievances, concerns and suggestions to the dean. Filvaroff sees students as a "crucial part in this institution" and as having "a major role to play in decision making." Thus the need to interact with students is great. Itis in recognition of this need that Filvaroff has been pushing for the establishment of a law school cafeteria where interaction with students on a fairly wide scale would befacilitated. David Filvaroff is extremely enthusiastic about coming to Buffalo. He "never had any particular ambition of becoming a dean until coming here," but Buffalo is a "distinctive and exciting place," and this is where he wanted to be. Citing a "superb faculty [and] excellent student body," Filvaroff feels that UB Law has not gotten the degree of recognition it deserves: "It is just an excellent school." Filvaroff stressed the fact that Buffalo is atypical among law schools. This is due in part to a diverse faculty. UB is known for its strong affiliation with Critical Legal Studies. However, unlike some other schools such as Harvard, there is no "overt conflict be- tween CLS people and those opposed. That isn't happening here and it isn't going to hap- pen." Filvaroff observes that the attitude of thefaculty here is one of general tolerance for the principles behind CLS, especially "to the extent that CLS raises challenging questions about the role of law and the function of laywers in our society," and he sees any kind of conflict surrounding CLS as a "much, much overblown issue" which he hopes we will not have the need to discuss anymore. This overall sense of cooperation and tolerance also extends to the law school administration. Filvaroff is "especially grateful" to outgoing Dean Wade Newhouse, who is helping the new dean learn what he need to know. "Transition periods are never easy," according to Filvaroff, but "an incoming dean could not ask for more understanding" than he has already received from Newhouse and all of the law school administration, including former Dean Thomas Headrick. Some of Filvaroff's other goals include increasing the representation of women and minorities on the faculty, and increasing faculty salaries to be competitive with those at other law schools. He would also like to see increased funding for financial aid, for improvements to the library, and for faculty Dean Filvaroff Sparks New Interest In State andLocal GovernmentProgram by Zulma Bodon Many law students have a limited understanding of the academic concentration in state and local government law. This might be due, in part, to lack of student interest in this area, or simply to the program's lack of promotion and publicity. Whatever the reasons, it is important that students know about the program's purpose and about the benefits of completing the certificate program in this area of law. Frank Munger, Chair of the State and Local Government Law Committee and Director of the Edward Jaeckle Center for State and Local Government Law, explained that "the bottom line" purpose of the program is to help students get a job by providing them with the opportunity to become competent legal practitioners in state and local governments. The program is also intended to create an area in which faculty and students can develop "a mutual interest." According to Munger, since Filvaroff's appointment to the deanship, there has been some talk about reviving the Jaeckle Center in two significant ways. The first involves the internal component of the Centerwhich is designed to produce "new opportunities within the law school and also outside," said Munger. To this end, he noted, it is important to restore the state and local government law seminar where students can come together "to talk about mutual interests, listen to outside experts, and have a project orientation that would help the law school reach out in the community more. "This, Munger stressed, "is something I would very much like to do." Prof. Mugel Wants More Scholarly Study by Donna Crumlish Professor Albert Mugel has seen UB Law School through many phases of its development and has much commentary on the state of the law school today. Few are as qualified as he to make such commentary because few can attest to teaching almost 40 years at UB Law. Mr. Mugel graduated from UB Law in 1941 and then spent time in private practice and in the armed services. Having been placed in the tax department of the law firm he was working for, he put together a course on tax for returning servicemen. His objective was to help himself learn more about the subject and the course sparked his interest in teaching. In 1948 he came to UB to teach full time until he left to serve in Korea from 1950-52. He came back to UB and taught until 1955 when he helped to set up the law firm that he is Jaeckle, still with today Fleischman and Mugel. Since this time Mugel has been teaching at the school on a part-time basis. He currently teaches Future Interests. In his early years, Mugel remembers the law school as struggling to be recognized as having a first-rate faculty and innovative ideas despite its small size. "The law school always tried to be somewhat different; you had to make a niche for yourself in legal education." The state takeover supplemented the university's resources to allow an increase in the number and the quality of faculty. Today, Mugel sees the law school moving away from the scholarly study of law that it was once proud of and becom- — and student research. Also, Filvaroff sees many of the administrative offices as severely understaffed and therefore relying too heavily upon students to make up the difference. He is not suggesting cutting back student jobs, but certain functions should be performed by full-time state employees. Although he is not officially here until January, David Filvaroff is already making his mark on the law school and will continue to do so; "The last thing I want is to be someone who simply sits in his office." He plans on approaching students to find out as much as he can about the life of this law school, and remains extremely approachable himself. ing a more career-oriented school. When he started teaching in 1948 most of his students were returning servicemen. "They were not just interested in practice, but in the lawitself." He is not encouraged by the abandonment of the study of law for interest's sake. Must of this he attributes to a recently developed cynicism in the teaching process that is not exclusive to Buffalo but is prevalent here. "It's almost as if cynicism is taught as a substantive subject. You get to the point where the students don't pay any attention to it and that leaves a void as to their interest in the law as such and the objectives of the law as social objectives and this vacuum is filled by personal career interests." Professor Mugel feels this cynicism may be tied in with the faculty of the law school and the Critical Legal Studies movement. Although having no objections to either, he feels there is a point where you have to stop and evaluate what you are doing and if you skip over that point, cynicism develops. "They've been attempting to develop a faculty of scholars who are critical and are not just following 'black letter law,' and correctly so. I have some problems with whether they always distinguish between something being critical and something being cynical.. I've no objection at all to the Critical Legal Studies concept... the question is, do you cross the line to the point where you start suggesting that nothing that is past is worth considering?" Another development that Professor Mugel finds unset- . continued on page 8 To some extent, this community outreach-oriented approach has already begun with Frank Munger the new housing clinic headed by Professor George Hezel. The clinic is not geared toward litigation. According to Hezel, it is a clinic designed to help members of east side communities form a "public land trust" to prevent both loss of housing and loss of control to commercial entities. Thus the objective, said Hezel, "is to creatively package resources to develop low income housing in Buffalo and in the whole western New York area." The way this is done, he added, "is by having law students take an inventory of the resources available through state and local funding." In this regard, Hezel indicated that what students need to have is good legal skills and substantive knowledge'in the areas of property, land use control and transactions, local and state financing, and corporation law (preferably not-for-profitcorporations). continued on page 8 Inside ... Yearbook 3 Res Ipsa 7 Loquitur Miss Social Procedure .... 9 �. . . What It Means SDI Interpreted Sans Reagan View by David Hunter Ross "SDI Saved From Reagan" was presented as part of a University Seminar Series organized by the Nuclear War Prevention Studies Graduate Group. These seminars will be held once a month; the next one, "Reversing Militarism: A Global Perspective," by the law school's own Professor Jeff Blum, is scheduled for November 10. The Graduate Group will also be sponsoring a major conference in April on Nuclear War Prevention. Nobel Prize winner Hans Bader, a member of the Manhattan Project team, and Paul Warnke, chief negotiator to the SALT talks and Director of Arms Control and Disarmament for the Carter administration, will be among those attending the conference. Both the seminar and conference are intended to "provide interested faculty and students access to the expertise of some of the many UB faculty members working in nuclear-war prevention topics." Thefirst lecture, entitled "SDI Saved From Reagan: An Alternative Look at Population Defenses," was given by Dr. Jerome Slater of the Political Science Department. As the title of the lecture suggests, Dr. Slater, a supporter of SDI, believes that the Reagan administration's vociferous supportforfull-scale SDI population defense, in light of current political and scientific circumstances, is detrimental to the goal of a usable, practical, SDI. The President supports a fullscale population defense capable of repelling a full-scale nuclear attack which might be unilaterally initiated. Dr. Slater holds thatsuch a position is currently untenable because we lack the technical ability to build an effective system and be- cause an SDI system deployment in the current political environment would be destabiliz- ing. He suggests that the Reagan vision of SDI, with its inherently destabilizing characteristics, has polarized the SDI debate in the United States to a point beyond serious contemplation of the complex arguments involved. Dr. Slater would approach SDI as part of a comprehensive nuclear foreign policy. His first premise is that a nuclear foreign policy based on "MAD," Mutual Assured Destruction, is both "radically immoral and inherently unworkable." MAD is the policy by which nuclear war is prevented by holding the threat of total destruction over both superpowers. In theory, each side is prevented from striking first by the knowledge that such an attack would trigger an inevitable counterstrike by the other side that would equally devastate the attacker. The immorality of this policy lies in its threat to millions of innocent people. A policy of Mutual Assured Destruction threatens the entire human race. Dr. Slater states that it is also inherently unworkable; it is a system based on high technology and human sanity both of which have been known to break down under real world conditions. Dr. Slater's conclusion, which is shared by many others, is thatthe time has come to supercede MAD. Dr. Slater lectured on how SDI might help accomplish this goal. "MAD" theory presupposes a minimum rationality on the part of the players; Dr. Slater proposes to use SDI to eliminate some of those "use 'em or lose 'em" strategic situations where there exists a rational basis to — launch a nuclear strike. Under current nuclear policy, where neither side can defend itself, an accidental or unauthorized launching by one submarine or missile base could easily lead to full-scale strikes by both sides. A government facing an accidental or unauthorized missile strike would be forced into a "use 'em or lose 'em" mentality. Under the threat of an incoming nuclear missile strike, a government is under great pressure to launch its missiles now or risk destruction of its retaliatory capability and summary defeat. Even the actions of one submarine commander could trigger such a threat one Trident submarine carries enough war- — heads to destroy every major city in the Soviet Union or incapacitate its counterstrike ability. Soviet submarines have a similar capability. Dr. Slater's initial proposal would be to negotiate a mutually deployed limited SDI that would only be effective against small-scale attacks. Neither side would fear such a mutual deployment because each would still possess a nuclear capability capable of overwhelming the defensive sys- tem. The treaty would preclude any strengthening of the defensive system. The limited defensive system would stabilize the delicate balance of (nuclear) terror by eliminating the "use 'em or lose 'em" situations pro- To: Faculty and Students From: Jonathan Reichert, Executive Director Nuclear War Prevention Studies Regarding: University Seminar Series The Nuclear War Prevention Studies' intent in sponsoring the University Seminar Series is to provide interested faculty and students access to the expertise of some of the many UB faculty members working on nuclear-war prevention related topics. These seminars, which began in October, are offered once a month. Each month a different faculty member will present a paper and take questions on a particular topic within their area of expertise. Dates, titles and faculty presenters are listed below. DECEMBER 1 "Arms Control Treaties: Current Issues and Future Prospects" Victor Thuronyi, Faculty of Law FEBRUARY 2 "The Status and Implications of Nuclear Proliferation Among Developing Nations" Dr. Claude Welch, Department of Political Science MARCH 15 "Some Western Interpretations of the Soviet Theory of Peaceful Co-existence: A Critique" Dr. Jim Lawler, Department ofPhilosophy APRIL 19 "Computer Science and National Defense" Dr. Anthony Ralston, Department of Computer Science For further information, please contact Graduate Assistant Blake Strack in the Political Science Department at 636-2251. by accidental or unauthorized launching. Such a system would also provide a defense to some small-scale attacks made by smaller powers. Dr. Slater would want to parley the goodwill established with the signing and enforcement of a mutually deployed small-scale SDI defense treaty into a full-scale policy to eliminate the threat of nuclear attack. yoked The trust would have to be parleyed into a true arms reduction Dr. Slater foresees a pact necessary reduction of 90 to 95% of nuclear missiles. The superpowers would then mutually deploy a full-scale population defense which neither side would be capable of overwhelming with their mutually reduced nuclear capability. Such a situation would effectively eliminate the threat of nuclear holocaust. Dr. Slater believes that such an approach is both reasonable and possible. There are two advantages to Slater's two-step approach and they are precisely the characteristics that Reagan's plan lacks, and that make it destabilizing— a prior trust between the superpowers and the technology to create a 100% effective SDI population defense. The intermediate step will foster the trust the superpowers will need to come together to reduce the number ofnuclear weapons and to jointly deploy a defense that would safeguard each nation against those remaining missiles. It will also supply the time to develop the requisite technologies needed to create the full-scale SDI population defenses. This is the policy governing SDI, nuclear weapons, and foreign affairs that Dr. Slater supports. It is his vision ofhow SDI can be used to eliminate the threat of nuclear holocaust. — Ewing Mock Trial A Perennial Favorite With Students by Alexei Schacht Motions to Preclude. Sando- val Motions. Impassioned jury pleas. All of this by first-year, first semester law students? One may ask, "How can that be?" On October 20-22 Section One students in Professor Chuck Ewing's half semester mock trial course (the course is mandatory for all Section One students) participated in mock trials based upon the facts of an actual rape case from the state of Maryland. The entire section was divided into six groups ofroughly equal size. Three respective groups of defense attorneys argued against three groups of prosecutors in three separate "trials" in the MootCourt room. Ewing plays the role of judge, a third-year student, David Wood, is the bailiff and various upperclass students coach the teams in the fine points of trial advocacy. The jury consists of a dozen undergradutes. Professor Ewing has been teaching this course, which seems to be universally enjoyed by the students, for five years. In fact, according to Ewing, "the idea for the course was originally the students'." The reasons that Ewing puts in theeffortof running the mock trial course every year are that first, it helps students to realize that cases are not as simple and 2 The Opinion one-dimensional as they often seem in casebooks. For instance, facts that at first glance may seem incriminating may not be enough to convict someone in a court of law. As evidence of this, Ewing pointed out that there has only been one conviction in all of the trials in the course's history. Moreover, the one conviction came when Judge Ewing directed a deadlocked jury to reach a unanimous verdict. Second, the trials, are a great deal of fun and they help to bring the section together. As one Section One alumnus, second-year student Kenya Mann, put it, the mock trials were both "really interesting" and "a great way to learn." The case itself, People v. Edward Rusk, as reformulated by Ewing, involves a woman, Patricia Albert, who meets the defendant at Bennigan's in Amherst, and who is allegedly tricked into driving him home. Once there, Rusk allegedly takes her upstairs and, under threat of harm, forces Albert to have sex with him. Because the defense did not deny that Rusk and Albert had sex, the only issues were whether Albert consented to having sex, or whether she did so only because of the use of force or threat of the use of force. The defense claimed that Al- November 11,1987 Bert fabricated her story because she was recently separated and she was afraid that evidence ofher sexual activities would lessen the chances of her getting support and maintenance payments. Despite the best efforts of the prosecutors, convictions have been unheard of in these mock trials. As a result, Professor Ewing changed the facts somewhat this year from what they have been in previous years. In Ewing's own words, he wanted to "push it" to see if the prosecutors could gain a conviction. The main factual alteration centered on the defendant, Rusk, who last year was a middle-class architect with no criminal record. This year Rusk was more like the defendant in "real life." That is to say, he was a television repairman with a criminal record and a generally dubious reputation. In one student's words. Rusk was a "lowlife." Despite the fact that Rusk's appeal to a jury was substantially diminished this year, he was acquitted at all threetrials. An interesting point made by Wood is that students begin to "realize thatit [atrial] is like theater." Evidently some students internalize this point too much and begin to make up facts in mid-trial. While Ewing has had trouble preventing this behavior, he is able, to some extent. to counteract these prejudicial remarks through his jury instructions. There is something ironic about the results of Ewing's trials. In "real life" a total of 21 judges heard Rusk's case at various stages, between trial and appeals, and only 10 of them felt that there was evidence sufficient to convict. Perhaps the undergraduate jurors knew something that the real Rusk triers never did. In any event, Section One students seemed at a loss to explain the defendant's consistent success here. Nonetheless, in the words of one Section One student who preferred to remain anonymous, "I wish all my courses were this much fun." SBA Appointments W rt/)7 H CIQQ / ZJO / / £700 Library Committee Victor Arias Rohan Marshall Karen Surber Budget Program & Review Gregory Vinal Derek Akiwumi Jeff Magavern Joe Cox (Alternate) Special Program Kenya Mann SueAnn Nazario Rhonda Lattimore Edna Torres (Alternate) Academic Procedure & Policy Renee Filiatraut Jim Biagi John Bonazzi Bob Mcßride (Alternate) THE PASSWORD: Plk gSg M^M*f\ I jiff m T Faculty-Student Relations Board Karen Surber Robin Barnes Tammie Schultz Kirn Duffin (Alternate) Admissions Doug Dimitroff Stacy Qi over as „ Victor n *" aer „ P?"" (Alternate) Dav,d Sm,th Appointments Jim Ghent Doug Hotter Andy Bechard Kyje Maldiner (Alternate) Academic Standards & Standing Tammie Schultz SueAnn Nazario Kenyg Mann Kirn jackson (Alternate) Mitchell Lecture Series Rohan Marshall 41 $ Seventh Avenue. Suite 62 New Vork NewYork 10001 ( 212 SW-J696 (201) 623-5363 > - �TO: Student Organizations & Students Seeking to Attend Conferences FROM: Michael Q. Kulla, SBA Secretary (outgoing) RE: Obtaining SBA Funding for Conference Attendance Due to limited funding, the Executive Board of SBA has decided on the following guidelines for all students and student organizations who wish funding to attend conferences: 1. The represented student organization should be ap- proached first for money, either from their SBA allocation or from their own fund-raising. 2. The next source offunding to be examined is interested faculty members and/or the dean. Appropriate funding proposals may be written for their attention. 3. If there are still expenses which are not covered, the SBA will then consider allocating money to the conference attendees. A copy of an estimated expense sheet must be written and submitted to SBA before attendance at the conference. 4. Should the SBA allocate funds, the attendees must either write an article for The Opinion or hold a meeting with similarly interested students to disseminate information acquired at the conference. 5. Should the attendees use their own cars and SBA reimburses for mileage, university-defined standards for mileage costs will be used. Editor's Note: This item was to have appeared in an earlier issue of The Opinion, but due to an oversight it was omitted. We apologize for any problems this may have caused. You'll get first hand experience in the courtroom right from the start. In three years, you could handle more than 3,000 cases in a wide variety of subjects from international to coni zz: ,, tracts to criminal law. If you think you have what it takes to be a 1987 Yearbook Undone By Apathy by Andrew Culbertson Although I have never had the desire to work on a year- book committee, I have always assumed that there were people out there who did. This was a reasonably safe assumption in high school and college. However, it has come to a point where such assumptions, on my part and the part of many fellow law students, are illfounded. For one reason or another the Advocate, the "official" law school yearbook, has had very few advocates in recent years. Before 1986, there hadn't been a yearbook for at least eight years. But for the efforts of one person, Victor Siclari, the 1986 yearbook would have been nonexistent as well. Thus begins the saga surrounding the Class of 1987 yearbook, which has yet to come out. Enthused, perhaps, by the return of the yearbook in 1986,the Class of 1987 formed a yearbook committee early last fall. According to Marie McLeod, technical assistant to Assistant Dean Aundra Newell, and one of the driving forces behind the completion of the 1987 yearbook, this committee, although effective at first, ultimately lost interest in the project. "The main reason the committee failed to get the job done was because it didn't have a leader," she stated. The biggest problem, apparently, wasn't just that the committee lost interest, it was that the committee lost interest after it had signed a contract with Josten's to produce the yearbooks. In McLeod's opinion, one of the most important functions of any yearbook committee is to try and raise money, particularly through fund-raisers. This is due to the fact that one yearbook costs approximately $30 to produce, but costs the student about $15 or $20. This means that there is a substantial deficit that has to be made up. Unfortunately, the commit- Marine Corps Officer and lawyer, talk with the Marine Corps Officer Selection Officer when he visits your campus. More than 190,000 Marines could use your service, If tigXVG jqs% /l/l/J 1 Maybe you can be one ofus. <^Sskz nwm jSSI iSISA mgr i7U,UUU CllCtltS l i i i i i i i i i i i i i i i i i'iw Av%iTß fha c4-€kv+ tee made no attempt to raise money. This, however, wasn't the only financial snafu on the part of the committee. Until very recently, $1,200 in checks, which had been submitted by potential yearbook purchasers last spring and never cashed by the were missing. committee, Zulma Bodon, a third-year student who was assigned to help solve the financial problems created by the committee, ultimately found the checks. However, this hardly solved the problem. According to Bodon, "about one-third of the Class of 1987 gave money towards yearbooks. However, many of these checks bounced, since a large proportion of the students who had submitted them had closed their Buffalo checking accounts when they graduated." Her job was to send letters to these studentsand ask them for new checks. She also sent out letters to students who hadn't originally purchased yearbooks, asking them if they had changed their minds. How successful these efforts were has yet to be determined. At the present time, the SBA still owes Josten's upwards of $2,700. At the moment, the yearbook is tentatively scheduled to come out in February, nearly a year later than when it should have come out. The Class of 1987 is gone, there's a debt of nearly $3,000, and, perhaps the most disturbing fact is that a large portion of the yearbook has been put together by nonmembers of the Class of 1987, including McLeod. "At this point I'm filling in empty pages with faculty photos and candid shots. I hope that it will look nice and not just look like filler," she commented. McLeod also points to thefact that the yearbook was supposed to be dedicated to Judge Charles S. Desmond, who passed away earlier this year. Normally, the dedication in a yearbook is written by a member of the class that's graduating. At this point, the dedication has not yet been written, and the person who's supposed to write it is a member of the Class of 1988. Perhaps, at this point, you're asking yourself why a yearbook is so important. In thewords of Bodon, "This experience is valuable and should be documented. When I'm70 years old I want to be able to look at a yearbook and remember the people and the experience." She also added that since this is the law school's 100th anniversary, it would be nice if the Class of 1988 had a yearbook to at least commemorate this occasion. At this point, however, no plans have been made for a Class of 1988 yearbook. What this means for the future of the Advocate is uncer- tain. Producing a yearbook is obviously a project that requires time, leadership, and a certain degree of dedication. Unless students are willing to see this type of project through, the cost is simply too high to undertake such an endeavor. November 11, 1987 The Opinion 3 �Stanley H. Kaplan has chosen his bar review. Jk Have you? For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic -integrity and comprehensive, well-paced structure of the SMH approach made Mr. Kaplan's decision an easy one yours should be too! C Preparation is now available for CaliM fornia, Colorado, Connecticut, District of M - teipeb Columbia, Florida, Illinois, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Texas, Vermont, and Virginia. The Best Course Of Action. CAMPUS REPS: Deborah Morel David Freitz Leslie Gleisner Krista Hughes Greg Maxwell Michael Balconi Lamica - .„. ____^ -^_^^__M ________ ml Il># J^^r9swfflsJwm H *flll I jj fV *«%?*%tik && Ifc^^, % jJa ] m The Opinion November 11, 1987 wk X X \r J|j JL M -'mum ,j& 1 X X^7\ -«»"«*■»«*& Pa| J -'-» JJ /ji4 1 W 3Kj '"NteJ* jflfto 1 llk ' >® ,^^*l cd. center 1330 Niagara Falls Blvd. Tonawanda, NY 14150 Stanley kaplan 716-837-8022 4 *%&L- m. w' '* nTj <jj| ■ «■— W ■ X A ■ �Buffalo Chapter Federalist Society Announces Principles by James P. McClusky The Federalist Society for Law and Public Policy is a national organization of conservative and libertarian law students, faculty members and lawyers who have joined together to combat the current form of liberal ideology which is taught as if it were the law. The Buffalo chapter began several years ago in ordertoadvance, traditional principles of federalism as envisioned by the framers ofthe Constitution here at Buffalo. With the elevation of Rehnquist to Chief Justice of the Supreme Court and the nominations of Scalia, Bork, and Ginsberg to the same court, the beliefs of the Federalist Society have been put to the forefront. They are not beliefs, as Judge Bork's have been portrayed, that deny rights and privileges to the citizens of the United States. Rather, it is a belief that the role and powers of both the federal government and judici- ary are of limited scopeand that "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would be the substitution of their pleasure to that of the legislative body." (The Federalist No. 78.) The affiliation with the national organization offers us the opportunity to interact with others of similar beliefs, to attend symposiums and to participate in the editing of The Har- AWLS Begins Major Transformation by Coggeshal! and Barbara Brenner "If thefuture is unwritten, the future must be woman." This statement captures the essence of thetransformation occurring in the Association of Women Law Students. The reorganization efforts this fall have brought together a diverse group committed to making the Association of Women Law Students a viable student organization dedicated the interests of women. AWLS has formulated an agenda for the 1987-88 acato demic year with activities designed to accomplish thesepurposes. In addition to presenting AWLS as a visible women's collective addressing the interests and needs of women law students, to broaden political awareness concerning the condition of women in society and to actively develop connections with other university and community women's organizations. The following is a list of activities now in the process of being planned and implemented by various committees within AWLS: 1. AIDS education forums. 2. A Brown-Bag Series with the purpose of inviting women faculty members to informally address lunchtime gatherings. 3. The formulation of a position paper to be presented to Dean Filvaroff, in addition to rewriting the constitution of AWLS. 4. Fund-raising events to support the activities of AWLS. 5. A newsletter drawing submissions from the university and community designed to provide a forum for addressing the condition of women in society. 6, An International Women's Day week of events, including films, panel discussions, a rally, and speakers. 7, Organized efforts to publicize the activities of AWLS, and to network within thp universify and community. The first scheduled event is a brown-bag discussion with Professor Diane Avery at 12:30 p.m. on November 12 in thefirst floor lounge. The topic will be "Property and Contract Disputes Between Couples" (married and unmarried). The next scheduled meeting ofAWLS will follow the brownbag discussion on November 12. AWLS invites all women law students in the supporting, planning and implementing of these events addressing the interests of women. Join us in writing the future of women. Grants From Sub-Board To Enrich Student Health Sub-Board I, Inc. has grant money available to enrich student health on campus. Students, staff and faculty are eligible to submit applications for consideration. Grants will be awarded to individuals or groups to develop new or enhance old projects that contribute to student health either physically, emotionally, educationally or practically. There is presently $9,000 available.This money will bedivided amongst the qualifying applicants by a grant committee and will be approved by the SBI Board of Directors. If you have any questions, contact Mara Hoffman, President, Sub-Board I, Inc. Rules The money from Sub-Board Student Health Care Grants may be used to pay for only those things specifically listed in the original grant applications. Sub-Board will not pay for any bills incurred before the date grants were awarded. For those who are buying a piece of equipment or purchasing materials to be used in a program, workshop, etc., you should have the company bill you or your department. The bill should then be submitted to Sub-Board. We will mail a check directly to that company. We will not reimburse individuals so do not pay any of the bills yourself. Also, please note on the bill or invoice exactly what it is for. If the grant money is to be paid to a person as an honorarium or as fees for services, a contract should be filled out (available from the Sub-Board office) and submitted to SubBoard. Once again, the check will be mailed directly to them. If they must be paid at the time the services are rendered, arrangements can be made for the check to be picked up by your organization. Grants awarded are for this academic year. Any grants awarded thisyear which are not used this year will berescinded. All people receiving grants should keep a strict accounting of the money they have spent. Sub-Board will not be responsible for any expenses incurred greater than the amount awarded to your specific project. yard Journal ofLaw and Public Policy —a student-run conservative and libertarian law review. Another principle advanced by the Federalist Society is that it is first the responsibility of communities and individuals, not the federal government, to aid the needy in society. Therefore, each year the Buffalo Federalist Society organizes and conducts a canned food drive to benefit the poor and homeless of the Buffalo area. This year we will collect canned goods between November 2 and 20. Collection boxes will be in the mailroom and outside room 505. We hope you will join us in trying to make theThanksgiving of those less fortunate a little brighter. The Buffalo Federalist Society also seeks to encourage discussion of the "Principles of the (listed Federalist Society" below). In light of this, each year we attempt to sponsor speakers and/or debates presenting right-of-center counterpoints to the usual views advanced by the regular faculty at — — — — — — — ÜB. For those wishing more information on the Society's activities or those who wish to join the organization, contact the Federalist Society at Box 795 or keep an eye out for signs announcing our next meeting. Principles of The Federalist Society That the state exist to preserve individual freedom; That economic and political — — liberties are inextricably intertwined; That the separation of governmental powers is central to the Constitution; That it is emphatically the province and duty of the judiciary to say what the law is, not what it should be; That this task of objective interpretation is not so far beyond man's grasp that we should despair, and, in the name of "realism," fall back on prejudice in making judicial determinations; That the constitutional scheme did not contemplate the imposition by fiat of the legislative preferences of members of the judiciary, under the banner of "social evolution"; That this type of judicial legislating, being insulated from the check of popular support, has been a key instrument in the expansion of federal governmental power; That this expansion has been at the expense of individuals' abilities to control their own destinies; And that the true purpose of legal order is to ensure that the power conferred upon the state is used to make safe people's lives and property, the true purpose of an independent judiciary to prevent the rigging of the legal order into an extension of the sovereign's will, and that neither legal order nor judiciary is presently serving these purposes. Bundy Aid To Be Increased Assistant Assembly Speaker Edward Griffith (Dem. 40th AD, East New York, Brownsville, East Flatbush) will be introducing legislation which would increase the level of Bundy Aid to law schools. ever, is only $950 per degree conferred. This legislation would eliminate the disparity in funding between law schools and most other institutions sponsoring doctoral programs. The Bundy Aid program was established in 1969 in order to keep independent colleges and universities fiscally sound, encourage increased academic activity and new opportunities for students. According to Assemblyman Griffith there is no compelling public policy concern which justifies such a great discrepancy in state funding between equally meritorious programs. Law schools and their graduates provide an important public service and accordingly should be treated on an equal footing with their counterparts from most other doctoral programs. Currently, Bundy Aid to most institutions sponsoring doctoral programs is $4,550 per doctoral degrue conferred. Bundy Aid to law schools, how- L/M/8M. in tlie summer ol 1387. prepared more tlian 37NN 8tullent8 for tlie Klew VM Kgs exam. Ike piepel course psepgreci gMuximgtelv 17llll 8wllent8. l_KNL58IKW lVll)8I prN80Ml_l?rll 8/M nrvlrw November 11, 1987 The OpinionPagefive Page five �I^^^w. STATE UNIVERSmf OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 6 November 11, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Barbara Brenner, Jeannine Coggeshall, James P. McClusky, David Hunter Ross. S> Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial "Death, Rebirth and Other Metaphors" In their letter to the editor in this issue of The Opinion, 3rd year SBA Directors Andrew Bechard and Molly Dwyer describe the Student Bar Association as facing a paralysis. In the most literary sense, this is the perfect time of year to be discussing an impending paralyzation. The "dead" of winter is just around the proverbial corner, but the stasis here at UB does not necessarily have to result in any kind of symbolic death. At the risk of overdosing on metaphor, Dean David Filvaroff is arriving just in time to help achieve a rebirth for the law school. Change, however, must begin with the students, and with prevailing attitudes. Dwyer and Bechard point up several areas of concern, one of which is the recent faculty-student committee appointments. These committees touch upon virtually every aspect of student life from who is — admitted to the law school, to who is chosen to teach the admittees, to whether a student should be allowed to remain in school. Besides the inherent political disagreements, the selection process is fraught with problems, not the least of which is that there is not enough time to interview all of the people who want to sit on a committee. This year there was a great deal of dissension over the Admissions Committee, for which there were only 13 interview slots but many more interested students. SBA President John Williams had hoped to improve the selection process by lengthening each interview session from last year's five minutes to 10 this year. But while the interviews were more thorough this time, the problem of too many potential candidates and not enough time was not resolved. For once there is an abundance of student interest, and the goal of SBA should be to encourage that interest. Of course, while SBA Executive Board and Directors are elected to serve the students, it must be remembered that they too are students, and it is not always possible in the last half of the semester to take large chunks of time away from studying. It would seem, then, that the most logical solution would be to conduct the interviews very early in the semester and perhaps over two consecutive weeks to accommodate all of the students who wish to serve on a committee. SBA Directors could serve shifts as they did this year, which seemed an effective way to allow everyone to participate. Two other areas which were not cited by Dwyer and Bechard were Commencement and the Yearbook. Weeks ago we were asked for suggestions for commencement speakers, but it has not been revealed who is even under consideration. This time the process seems to be out of SBA's hands but it shouldn't be. SBA might be advised to take the initiative and form a committee as it has done in the past. This is the centennial of the law school, and something should be done to assure that the Class of 1988 is given appropriate commencement ceremonies. If the effort is not made to obtain a speaker, that can only reflect poorly onthe graduating class. — The final area of concern is the yearbook. While no one seems to want to put in the necessary hard work, most everyone expects a yearbook and is disappointed if one does not miraculously appear. A yearbook is really the only thing we will have in 20 years to remember our three years at UB Law. While right now these years are something most of us want to forget, several years down the road the misery will fade and we will want to look back and remember the friends or the enemies that we made. Without trying to sound maudlin, The Advocate should not be allowed to whither away. Interested students are strongly encouraged to contact Marie McLeod. David Filvaroff is coming to this law school with a great deal of enthusiasm. He sees considerable potential for UB Law School to move ahead. We can all help to push past this threatened paralysis and help the law school realize its full potential. Come and hear an interesting candidate for Today at 12:30 in the sth a clinic position floor faculty lounge. — 6 The Opinion November 11, 1987 THE OPINION MAILBOX Raws in SBA Agenda To The Editor: The Buffalo Chapter of the National Lawyers Guild has recently been in the forefront of controversy concerning its sponsorship of "political activities" such as the anti-Bork and anti-contra aid informational tabling. There has been a good deal of criticism and calls for accountability in an organization that appears to be very active, not to mention fairly and collectively managed in an effective manner. Paradoxically, such criticism could also be easily leveled against the Student Bar Association (SBA). The SBA, the umbrella administrative group for all law student organizations, seems to be facing a paralysis in carrying out what have in the past been routine functions. The following are a few examples of some of the problems in the current SBA administration: Exclusion of first year students from SBA events Probably the most obvious blunder of the Student Bar Association to date has been the scheduling of an SBA-funded party while first year students were off for their week-long Octoberbreak. While the SBA administrative function cannot be expected to come to a halt when first year students are on break, one would expect that the planning and social activities would stop to insure the first year students a voice in planning and an opportunity to attend social functions. It will no doubt come as surprising news to many first year students that on October 15 there was an SBA-funded party at Casey's Niteclub on Kenmore Avenue in Buffalo. This was a party that first year students could not attend because of their October break. First year students funded with their mandatory student fees a party that an overwhelming majority of their class could not attend. Even more problematic, we can speculate that most other law students did not know of the October 15 SBA party since publicity for the event was disseminated only one day prior to the event's oc- — currence. As a first year student I would be angry and disappointed that the October 15 party was not held on a date when all classes could attend. As third year stu- dents we are angry and disappointed that the social activity planning function of the SBA appears to be incompetent. We therefore demand an accounting for this action and an explanation for an obvious and inexcusable error. Committee Appointments The faculty/student committees at UB Law play an integral role in allowing students a voice in administration, policy and planning. The Student Bar Association is charged with interviewing and appointing students to the various faculty/student bodies. There are serious questions as to the effectiveness of the student role when appointments do not occur until twothirds of the fall semester has been completed. There has been criticism in the past that the faculty-student committees rarely meet and effectuate little policy; however, theSBA has to make an affirmative step earlier in the school year to maximize student input and to show the law school administration that students are serious about their role. The law students rely on these committees as theirvoice in school administration; that voice is seriously silenced when the first of November has come and gone and student appointments are still not made. We demand an accounting for the inaction on the part of the SBA and an explanation for its failure to make the faculty/student committee appointments in a timely fashion. Club Night —There is little opportunity for first year law students to gauge the quality and diversity of the various law school student-run organizations without the traditional fall semester club night. Primarily aimed at the first year student, club night affords each law student organization an opportunity to set up a table in O'Brian Hall to disseminate information and answer questions that law students might have abouttheir groups. Club night is traditionally held during the first week offall classes so as to allow students exposure to various organizations and allow them to make an early and informed decision about which organizations they might want to join. For some unknown reason this SBA administration has given club night a very low — priority and thus has performed a disservice to the entire law school. Club night, like the faculty/student committee appointments, did not occur until a full two-thirds into the fall semester. A numberof people have lost out due to SBA inactivity on this matter. First year students lose because they are not afforded an opportunity to access the various law school student organizations at one time and in one place. The organizations lose because they may not reach all potential members without the essential visibility provided by club night. We are curious as to why thisomission of club night has occurred and we demand explanations for blatant inactivity. The Student Bar Association has the potential to be a powerful force in the university community and in the greater Buffalo community. With a concrete vision and agenda the SBA could have a strong voice with the law school administration, the Erie County Bar Association and with University President Sample's office. However, this SBA administration seems to be plagued by inactivity, a lack of vision and agenda, and an inability to carry out vital and necessary functions. The authors of this letter are SBA Third Year Class Directors. We are not motivated by a desire to critique the Student Bar Association, but a desire to see SBA as an effective and strong law student voice. As class directors we have wasted many long and tedious hours in SBA meetings trying to define the word "political" whenthat time could have been better spent serving student needs, developing concrete strategies to improve law student life, and taking care of simple SBA business. The Buffalo Guild seems to have welcomed the debate about the appropriateness of the anti-Bork tabling because this pushed the Bork issue to its rightful place in the forefront of law student consciousness. We now think it is time to shift the public critique away from the Guild and ask UB law students to start asking serious questions about the leadership of the Student Bar Association. Our intention with this letter continued on page 9 SBA Seeks Position Papers TO: FROM: DATE: Student Clubs Maria I. Doti, on Behalf of SBA November 4, 1987 Subcommittee for Developing Student Issues Law Student Club Input SBA would like to present an agenda of student concerns to Dean David Filvaroff. At present there are nine basic categories: 1. Curriculum 2. Advisement and Support RE: 3. Registration 4. Library 5. Our Law School's Rank 6. Financial Aid/Loan Forgiveness 7. Student Lounge 8. Child Care 9. Miscellaneous (A number of good suggestions were received which do not fit into one category. A list will be drawn up and published.) However, the subcommittee realizes that every student group may have unique concerns and problems in the law school community. We want to afford every opportunity for students to be heard. In order to help define those issues of concern to the student body, the subcommittee is requesting that every student club meet with its membership and prepare a position paper describing its viewpoint. The position paper may discuss any of the issues listed above or it may address a new set of issues. Papers should be detailed but concise. Any supporting documents (i.e. surveys) may be included. Please try to type all submissions. Include also your organization's name and the name of a contact person. We would like to present the papers in the early part of next term; however, we realize that exam time is approaching and that a completed paper may be impossible. The subcommittee asks that the student clubs try to submit an outline or a notice of intent which explains the areas or issue to be discussed. We need the information to assign issues to committee members. These assignments will be announced at a later date. New members are always welcomed. We understand that there are many demands on your time at this point in the term; however, this work is important. Let's try to make SUNY Law School a better place. �by Daniel Ibarrondo psa oquitur ResIL ROTC Law Students Combat "Mood Court" You win some, you lose some. These days everyone is playing the Mood Court game. For those who don't know how the game is played, allow me to briefly explain. First, you round up a bunch of anxious, gung-ho ROTC students who have a strong desire to put "Mood Court" on their resumes and/or to make the Mood Court Board. You divide this group into teams and ask them to drop everything they're doing and write a preliminary brief. The anxiety factor grows exponentially as the briefs are evaluated and exchanged between the contestants/combatants. Second, you ask the teams to workon becoming familiarwith military rules and commands so that they can effectually participate in the oral argument aspect of the game. The reasons for people engaging in this exercise of semantic acrobatics are many. Some people actually enjoy taking on extra projects in addition to an already insurmountable work load from jobs, classes, etc. ... As far as personal life is concerned, ROTC students don't have one anyway, so this is not a limiting factor. To many people, the idea of arguing arcane issues before a group of generals, staff sergeants, members of the Armed Forces Committee and other assorted pestilence is in and of itself frightening. However, there are members of the ROTC student body who actually derive pleasure from this oral exercise. In this era of high-risk recreational activity, perhaps this type of interpersonal interaction is relatively low-risk. Though the participants may be wracked with anxiety for the duration of the competition, everyone who survives the ordeal comes out a hero in the eyes of the viewers. The feelings of accomplishment, elation at it finally being over and a monumental release of ten- sion that sweeps over the combatants when their part of the war game is concluded can easily be compared to the feeling one has when a long, tumultuous, straining relationship is finally consummated. The combatants then go through a series of rounds where they demonstrate to the generals and staff sergeants their mastery of military rules and commands. This performance is then graded on the basis of best pressed fatigues, mastery of military codes and commands, personality and leather neck appearance. Not necessarily in this order, although the best pressed fatigues score is doubled by the clerks/privates first class for this is the one that impresses the generals the most. The generals, staff sergeants and Armed Forces Committee are given the war plan, which sets the tone of the game, ahead of time so that they can question the combatants' com- mand of military codes, rules and strategy. This is not to say that they would have read and understood the issues before the show begins. In actuality, the disclosure of the war plan to the generals before the show is merely an accounting procedure to make sure that they'll attend. The combatants are then given three rounds to prove themselves. This is the part that confuses most of our contestants/ combatants. A lot of casualties occur during this period of the game because combatants assume that they're being scored on knowledge of military commands and rules. Baloney! As I stated, those with the best pressed fatigues and good leather-neck appearance will most likely be the heroes. Polyester fatigues definitely do not get you intothe quarterfinals. You should have no problem on this part of the game if you keep in mind at all times that the ob- SBA Briefs! ject of the game is to sway the general's "mood" inyourfavor. There have been numerous instances throughout the many years that Mood Court has been played where the generals, staff sergeants and Armed Forces Committee have been known to ask questions about everything else but the war plan given to them. Don't get upset over this. Generals are busy people working round the clock to keep the economy going and have very little time to do leisure reading. We should be grateful that they decided to participate in America's number one game show. Also, please do not get upset and let the generals know that you know they didn't bother to read the war plan before they came to judge you on your performance. That's another game show called "Rude Court." This article was co-written with Edwin D. Price, member of the Down By Law Crew. by John Williams SBA Finalizes Student Committee Interviews After two nights of intense interviewing we chose those students who we felt could best represent us on the various law school committees. We would like to extend the greatest amount of appreciation and thanks to those who came in to interview. This activity is for the non-law school community (faculty and administration)., For the past three years I have watched many students enthusiastically interviewforthese committees. It has been my understanding that these committees are supposed to represent an attempt at establishing a law schoolwide governance system. In all honesty, it is my opinion that the attempt has fallen short of its intended goal. One would have to ask how this happened. For the last three years the SBA has done its part; we have generated more applicants for the committeethan representation calls for or allows. The administration or chairpersons were not doing their fair share to create a sense of committee government. I find this a strange phenomenon in a place such as Buffalo Law School. The only committees where student input is given the weight to which it is entitled are admissions, special programs, and appointments. The tremendous workload of these committees requires that every member participate. Consequently, they are the committees which have the most im- pact on the school and foster a true sense of community. Two very important committees where student representation is a clear act of tokenism are the Budget Program and Review Committee and the Academic Policy Procedure Committee. I am qualified to evaluate these committees because I have served on them both. The Budget Program and Review Committee is supposed to create and administer the law school budget. This committee tells the central administration what budgetary lines are or are not important. My first and only year on this committee that group met once during the fall semester. At this meeting the students were told thatthe bud- get was in place and our input was not necessary for that particular year. When asked if we were going to meet again, the Dean at that time told us that "it (was) not necessary to have meetings to discuss nothing." To the best of my knowledge the students who were members of this committee last year never had the opportunity to contribute the student perspective to the budget process. As a second year student I served on the Academic Policy and Procedure Committee. We met only once to hear the Dean's finalized selection of courses. Not once did the committee sit down and discuss what courses should be offered. Guild Perspectives We did discuss and had some input into academic policies re- garding independent studies, how much credit should be awarded for law classes taken in another country, and other graduation requirements. I could not believe that a committee this important met only once. After our meeting one professor remarked that "it was enlightening and very productive to get student views on academic policy." This system sucks. I don't want to go back to the old way when there was no student input. We ask forfull participation in all the committees. They require our voice let us be heard. — by Andrew Bechard and Molly Dwyer Guild Asks: Who Is This Judge Ginsburg Anyway? On Thursday, October 29 a giddy Ronald Reagan announced his latest nominee to the United States Supreme Court, Douglas H. Ginsburg, a conservative judge on the United States Court of Appeals for the District ofColumbia Circuit. The nomination was made after several Democratic senators made it clear to Reagan that Ginsburg was the most controversial judge on the list of prospective appointees. One cannot help but recall the threat Reagan made to theSenate a couple of weeks ago. Peevish in his disappointment and frustration at the looming failure of Robert Bork's nomination, the President of the United States hissed that he would just appoint someone else, someone who would upset them (the Senate? the American people?) just as much as Bork had. So, just who is this man Ginsburg anyway and should he be a Supreme Court judge? Reagan described his new nominee as "a highly regarded member of the legal profession." Reagan tells us that Ginsburg's "career as a federal judge, as Assistant Attorney General of the United States, as a senior official of the Office of Management and Budget, as a distinguished professor at HarvardLaw School and as a former law clerk to Supreme Court Justice Thurgood Marshall makes him eminently qualified to sit on our highest court." (NYT, 30 October, 1987, p.D23, c01.2.) OK. He looks good on paper, but does that make him qualified for a place on the Supreme Court? Judge Ginsburg is 41 years old. He has served on the appeals court only 14 months. When he was appointed to the appeals court, the American Bar Association game him their lowest rating. Ginsburg has never been involved in private law practice. He has written very little so his views on key constitutional issue such as abortion, expansive privacy rights and the rights of women and minorities are unknown. What he has written has focused on technical, regulatory and antitrust issues. So, we know he is a strong advocate of Reagan's conservative, free market approach to these areas of law. Senator Edward Kennedy called Judge Ginsburg "an ideological clone of Judge Bork a Judge Bork without a paper trail." (NYT, supra.) Reagan said, "Ginsburg is, as I am, as every Justice I've nominated has been, a believer in judicial restraint." An interesting appointment strategy appoint someone without a record, then the Judiciary Committee and the American people will have nothing to go on. Reagan says he's great so he must be, let's just appoint him and get it over with. It's not exactly an attitude that gives us much credit as a thinking population, is it? Just slip him by, they'll never notice. Wrong. People are concerned. People are curious about his mystery man who, if approved, could serve on the Court for decades. Ginsburg was considered a dull teacher at Harvard. His students regularly gave him the lowest possible scores on faculty evaluations. Histenure was delayed for a year because there was concern about his lack of important scholarly writ- — — ing. When he was with the Office of Management and Budget, he and the office were strongly criticized for ignoring the intent of Congress in regulatory statutes and it was alleged that Ginsburg and OMB had "improperly interfered with efforts by the Environmental Protection Agency to issue rules on asbestos and the storage of hazardous wastes in underground tanks." (NYT, 1 November, 1987, p.l c01.6.) Judge Federal District Thomas Flannery agreed and awarded $49,738 in attorneys fees to the environmental group that had filed a law suit alleging that Ginsburg and the OMB had gone too far. There is also some controversy surrounding a possible conflict of interest, breach of ethics and possible crime which occured when Ginsburg, employed by the Department of Justice, supervised a government effort to win First Amendment protection for cable television operators while he had a $140,000 stake in Rogers Communications Inc. acabletelevision operator. — Reagan is pushing for a quick confirmation of Judge Ginsburg. He has urged that there be no "repetition of the campaign of pressure politics that has so recently chilled the judicial selection process." He says: "It's time for the Senate to show that it will join with me in defending the integrity and independence of the American system of justice." (NYT, 30 October, supra.) The White House is accusing the ACLU of gearing up a campaign against Ginsburg. The ACLU denies'that it is doing any such thing. It is simply asking questions. That is the job of the ACLU. Their function is to act as a watchdog for our civil liberties. Theirfunction is to provide information. Reagan has shown us what he considers to be defending the integrity and independence of the American system of justice. He has done his job. He has nominated Douglas Ginsburg to fill the vacancy on the Supreme Court. Now, the Senate Judiciary Committee and the Senate must do their jobs. We must do ours. Together continued on page 9 November 11, 1987 The Opinion 7 �8t»te sn6 (Government The external component is the second way in which the Jaeckle Center would be restored. This component consists of an internship program. Munger indicated that he and Professor George Kannar are now active in the process of creating "public sector" and "public interest" jobs: "George is looking for things like ACLU placements while I am interested in placing students in state and local government internships." Also, he noted that there is a good possibility that some internships may be available for the coming summer, and that they would pay "a substantial summer stipend." But to do this, he said, the program needs to seek funding, both from the University and from private sources. However, Munger expressed optimism about Dean Filvaroff's interest in reviving the center: areas of law such as those addressing private sector interests. ... He cited state and local finance, private land use de- velopment and other similar courses as representing a combination of private and public sector interests. This combination, he said, makes a student much more attractive to a private firm seeking to hire competent people who understand the intricacies of government and how its laws impact on the private sector. find money and find jobs for students. You can't ask for anything more concrete and beneficial than that." One concern frequently raised by potential government law students is that the concentration tends to limit the number of courses they can take in other Except for the clinics, he explained, "you really don't offer much help for people who want to know about the day-today street level politics and IVlu^el 6nm /12F0 tling is the way the relationship between the law school and the downtown Bar is perceived. "One of the most unfortunate things that happened is the suggestion that there is some kind of dichotomy between the downtown lawyers and the aspirations of the law school. I don't believe that this is so. I think that there are lawyers that said that we're practicing and career oriented and don't care at all. "But I think that there are a substantial number of lawyers who are seriously concerned about law and what its place is in society every bit as concerned as the faculty of the law school. And there's no reason why it should be suggested that there are 'camps.' They should all be in the same camp." The association between the law school and the downtown lawyers is not the only image problem that Professor Mugel thinks should be cleared up. He is afraid that the school is not being treated with the esteem that it deserves and is not being given the respect that a state law school should get. "The law school ought to be an outstanding law school and it ought to be treated as it were, as it is, fhestate law school. And the faculty and alumni should treat it as it were the state law school. "What it accomplishes is what a state law school ought to accomplish, not a local law — politics and on issues of economic decline have contributed to the increased interest in the program. "There is more and more interest in the human suf- tively." Munger's response to this concern is that although the program allows some flexibility, "there may not be space to take anything else it is a choice that you have to make." But he also commented that, to some extent, both government and private sector law converge. Traditionally, the state and local government program's primary focus has been on the larger issues of policy and on structural and constitutional matters. Although this approach is likely to continue, Munger would like to pay more attention to "street level concerns." "The most exciting development to me is to have a Dean that wants to promote the Jaeckle Center and is willing to from page 1 ... local bureaucracies or helping people to get in and out of the government office effec- school... I would like to see a greater devotion to this law school, to the law school, and a greater devotion to the aspirations ofthe legal profession and the effect that this law school has on the legal profession." The effect on the legal profession is nothing to take lightly. The Buffalo community and the state of New York are greatly affected by UB graduates. "One of the things that is so important about this law school is that this law school sets the standard for the caliber of practice that occurs in this community, and sets the standard of our judicial system. All but one or two of our present state Supreme Court judges are graduates of this school and all of the City Court judges are. Four of the Appellate Division judges and two of our three Federal Court judges .. this school has a real responsibility for what happens in the communi- The new emphasis on local a progressive perspective on municipal concerns. State and Local Gov't Program Outlined The Program of Academic Concentration In State and Local Government Law Purposes The purpose of the program is to give formal recognition to students who successfully complete a program of specialized studies in state and local government law in pursuing their J.D. degrees, thereby: (1) Providing students theopportunity to become specially competent in state and local government law; (2) Contributing to the quality of lawyering, legal research and law reform, wherever our graduates may apply their knowledge and skills in state and local government law; (3) Encouraging law students to enhance their research and writing skills; and (4) By attracting more students to the programs of the Jaeckle Center for State and Local Government Law, in- creasing resources for its research and publication efforts. Students who do not need the stimulus of formal certification to motivate them to take the courses and do theresearch and writing should nevertheless receive the recognition. The certification of successful completion of the program carries messages to prospective employers and others that may be missed in the mere listing of courses on the student's transcript. It would be understood that the courses taken in the academic concentration were specially designed as part of a program to provide a well- rounded education in state and local government law, and that the student has demonstrated capability in the basic lawyering skills of legal research and written expression, not just the capacity to receive passing or even honors grades in conventional coursework. Requirements for Certification 1. In addition to standard course requirements for the J.D. degree, the students seeking certification will be required to take and receive qualified or honors grades in the following courses or their equivalents: (a) Fundamentals of Munici- pal Law (course or seminar); (b) State and Local Government Law Practice; (c) Administrative Law (or State Administrative Law Seminar); and (d) State and Local Finance, or State and Local Taxation. Successful completion of Fundamentals of Municipal Law may be a prerequisite to enrollment in upperclass courses in the state and local government law curriculum, or may givepriority in such enrollment; and, in any event, should facilitate subsequent coursework, research and practice exercises in the field. Students who entered the program prior to the 1985-86 school year, when a research project was required, may elect to fulfill that requirement or substitute successful completion ofState and Local Government Law Practice, at their option. Under special circumstances, such as those creating difficult scheduling problems, students who entered the program dur- ing the 1985-86 school year or thereafter may substitute an appropriate research project for one of the required courses with the approval of the State and Local Government Law Committee. 2. Students will also be required to take and receive qualified or honors grades in at least three of an additional group of electives. Based on the projected curriculum for the current academic year and for recent past years, selection may be from the following courses or seminars: Collective Bargaining in Government; School Law; Legislation; Selected Problems in State and Local Government Law; State and Local Government Law Practice (if not taken as a required course); State Administrative Law Seminar (if not taken to fulfill the administrative law requirement); Introduction to Policy Studies; and Independent Study (pertinent projects); Employment Discrimination Litigation; Environmental Law or Environmental Quality; Natural Resources; Mental Health Law; Occupational Safety; Social Security Law; Health Care; Problems in Health Law; Legal Rights of Handicapped Persons; and Toxic Waste Regulation; Education Law Clinic, Public Law Clinic; Housing Law Clinic, Education Clinic; Land Planning Law (or Land Use Regulation) as a separate course; Law Reform Through Legislation. Others may be added or substituted from time to time. Consult theChairman of the Faculty Committee regarding qualified courses not on this list. 29 N6380N3 wliy mo8t people elion8e L^N/LNl . 8/M/LNl li38 mere tlign 35 VnrK gttnmeys available tn work ty-" Professor Mugel wants to emphasize that law is interesting above and beyond all career possibilities it holds. This is the type of attitude that Buffalo must not let slip away. "People who've attended the school are very proud, they do not want the law school to be a trade school they want it to be a broad school of critical analysis of the law but they are concerned to see that it remains the objective of the law school." witli ynu irom tlie time tlie ner review uegins tlimugli tlie exgm. . .. . Ilie piener course relies nn nne gttnrney. s»i !>>e n!>,e> ?8 V fering as a result of de-industrialization." Courses like Capital Mobility, he added, provide >ei<zn„!i, c»,»«c< NNI l«sile5eM2!iv«5 —^^^ (2«l) 6l,3,63 Page eight The OpinionNovembr1987, November 11,1987 8/M cNUN3t I«/Vs KLNUI vnu �Miss Social Procedure by Fiona Smythe-Horch Some Tips On Proper Restaurant Behavior Dear Miss Social Procedure, Recently a friend and I went out for dinner. The maitre d' gave us a withering look after examining our sweaters and corduroy slacks. What is the proper dress for restaurant dining? Gentle Reader, Many who seek my advice make the mistake of asking the wrong question. This is not a matter of dress, but behavior. In a restaurant, etiquette, whether it be in the form of table manners, dress, or general deportment, is directed toward one's fellow diners rather than the employees. You would not belch concussively, sport a topless bathing suit, or bray at a joke because it would disturb other patrons, not because it would offend the help. If restaurants were the arbiters of propriety salads would be served after the entree, no bread would appear at the table, footmen would offerfood from platters, and napkins would be neatly rolled on ser- vice plates rather than stuffed into water glasses. In the hope that patrons won't notice such obvious breaches, restaurants attempt to establish pseudo-personal relationships which allow them the same latitude as a hostess who extends an invitation to her home. The relationship beween an establishment offering services and one purchasing those services is a business relationship. As you know, all business matters unavoidably intruding on social occasions must be handled quickly and unobtrusively. "Two please," is a sufficient indicator of the manner in which you wish to purchase the service offered. The proper response to "Hi, I'm Randy, your server this evening" is "We'd like a scotch and water and a Manhattan." In both cases, return immediately to your companion. No doubt you now understand that your error was not one of dress, but one of engag- ing with the employee long enough for him to deliver and you to receive the withering look. A rather Victorian, and therefore useful rule is: What occurs in a diner's chair is not the concern of he who stands behind it. Dear Miss Social Procedure, Last week I had dinner in a restaurant with an acquaintance. She was so rudeandabusive to the waitress that I am still writhing in embarrassment. What do you have to say to someone who would do that? Gentle Reader, The hallmark of gentility is the absolute certainty that one's needs will be met in any situation. One who must resort to abuse directed at another marks herself as a person who is unused to getting what she wants. "A mistake was made in the kitchen. I ordered swordfish, not prime rib," stated in a matter-of-fact tone, will usually re- suit in apologies and a swordfish. "I ordered swordfish! What kind of place is this? Boy, are you dumb or what?" is the war cry of one who is accustomed to grappling with short order cooks over unheld mayo. If one receives truly poor service, adopt a confused attitude and confess to the manager, "I'm rather puzzled. I can't seem to get what I ordered. Would you intervene on my behalf?" I guarantee results. I suspect that your friend's rudeness is not directly related to poor food or service and that she probably uses waitresses as an outlet for a notably bad nature. If such occasions didn't provide theobvious cathartic effect she would, no doubt, prefer to consume haunches of SPAM while slumped over the kitchen sink. My advice is to leave her to it. There are many people who would love to spend time with a person of your sensitivity. UNITED STATES MARINE CORPS ■ JjMI iKw' OFFICER SELECTION OFFICE ROOM 205 FEDERAL OFFICE BUILDING 111 WEST HURON STREET BUFFALO, NEW YORK 14202 IN REPLY REFER TO from page 7 we must find an answer to the question: who is Douglas Ginsburg and should he be confirmed as a Supreme Court Justice? This is not a process that should be rushed. We owe it to ourselves and our children and our grandchildren to be careful, to investigate, to question. There is danger in accepting things at face value. Watch the news, watch the confirmation hearings when they begin, take in the information that becomes available, ask questions, and, when you decide one way or another, write a letter to Moynihan and D'Amato and let them know. Involve yourselves in this process. It is one that is sure to have far-reaching implications for you and the world in which we live. Don't just leave it to chance. Act. Act-Up. Speak Out. Flaws from page 6 is not to cause division or fac- tionalization within the law school or the Student Bar Association. We think it is very clear that law students could get a great deal more accomplished working in a union rather than as individual entities. However, we dothinkthat the criticism in this letter is factual and long in coming. We hope that thiscritique will be accepted in a constructive manner and used as such. As SBA class directors we should not have to be pushing the SBA leadership to lead, but there comes a time when people can no longer remain silent, passive, waiting for direction. Dear Law Student: As a Law Student at the University of Buffalo, you face challenges everyday in the classroom, and there will be many more to face following graduation. One of the "biggest challenges will be to find an entry-level job at a good salary that will allow you to make use of the skills and knowledge you have worked so hard to gain. Unfortunately, most entry-level positions in the legal profession require a lawyer to be little more than a clerk for senior members of their firm. The Marine Corps offers an option for a small number of very special Law Students. We sincerely hope thatfor the good of the entire law student body that this criticism will be accepted and used, and not simply reacted to and then discounted. I'm the Officer Selection Officer for the Marine Corps in Western New York. The option mentioned above is the Platoon Leaders Class with a Law Guarantee. A Law Student who completes this program will have a job waiting for him following Law School and acceptance to the Bar. His first work will probably be trail work, as either a prosecutor or defense counsel in courts-martial. A lawyer will have an opportunity to take on a tremendous amount of responsibility in a hurry. Marine Judge Advocates quickly learn how to handle themselves effectively both in and out of the courtroom. After acquiring a broad background in court work, you will have the opportunity to experience a widely varied practice. A legal office in the Corps is very similar to a civilian law firm involved in general law work. You will, in time, be involved in civilian and criminal cases, torts, contracts, and other fields of Law, including environmental and international. You will counsel military personnel on their personal legal problems; everything from wills and leases to bunco and fraud. The experience will be directly transferable to civilian practice. College seniors who intend to apply to Law School and first or second Guild The Marine Corps year Law Students are eligible to apply for PLC (Law). will send qualified officer candidates to Quantico, Virginia for a ten-week Officer Candidate Course, following which the student will return to school as a Second Lieutenant in the United States Marine Corps in an inactive status This means no "Marine Corps haircuts," uniforms, drills, meetings, or classes during the school year. While in Law School you will be promoted with your peers on active duty. During the summer months you may apply for active duty work in a Marine Corps Judge Advocate Office, during which you will receive all active duty pay and benefits of your rank. Following acceptance to the Bar you will be ordered to active duty for a period of three years. You could earn $23,000 your first year on active duty, $27,000 you second, and as much as $29,000 your third. We welcome comment, critique, and suggestion on this letter and hope that others (especially first year students) will make their views known in this space in the next issue of the Opinion. Molly Dwyer, Third Year SBA Class Director Andrew Bechard, Third Year SBA Class Director 111111111111111111111111111111111111111111111111111111111l PROFESSIONAL • TYPESETTING OFFSET " • PRINTING • FAST SERVICE S • COMPETITIVE PRICING U • MANY mm DIFFERENT _ £ S TYPESTYLfcS & • PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUMEPRINTING We will be on campus November 18th in the Capen Hall Placement Office to conduct interviews. No resume is needed. See your Placement Officer for an interview or call (716) 8 1+6-i+9ll/1+913 or toll-free 1-800-367-8762 and ask for the Officer Selection Office. <-^. JAMES gTmACVARISH Advertisement ™ "α^s SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! a ■ pUwGfo «■■• rTTPfT 1 \ tvj £j\j) 3171 Main Street {Main S. ot Wmspearl Buffalo. NY 835-0100 1676 Nia. Falls Blvd. (across trom K-Mart) Tonawanda, NY 834-7046 111111111111111111111111111111111111111111111111l November 11, 1987 The Opinion 9 �§| registration must RECEIVED BY ->H®««~ 11/15/87 /%/?er Course Includes: . m///tm Complete lecture series toy writing ■■ W"^J J| ■■■■ ■■ HllH drJj U I fill YIYC I" ill I Ul'l" Law student's discount of $125 will be deducted from the cost of $950 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 15, 1987. Multistate Practice o^£!vfl/n y& Multistate Professional Responsibility Exam # Multistate Volume Professional Responsibility iIUS />/ I I I — t/O/Z/2 , lWperS Jn Ifl~L/l(loo C iiiAnr\r n UUlUUnto t For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (sie> I I I I I I ■HB3BHH 10 The Opinion November 11, 1987 �Divestment Urged in Struggle Against Apartheid by Idelle Abrams It is an enormous task for Americans to try to fathom the conditions of life for blacks in South Africa. The effort to understand these conditions was the focus of the discussion led by Bojana Jordan, a black South African, who spoke at UB on Tuesday, October 27. South Africa is the law," said Jordan. Apartheid, the policy of separating the white minority from all other racial groups, is the law of the land, infecting every sphere of life. For example, blacks cannot sit with whites inthesameauditorium to watch a play or listen to a concert. This is true no matter how far apart the blacks may be from the white audience. The reason given underthe law, Jordan learned, was that the mere presence of a black person impairs a white person's ability to see the play or hear the concert. Jordan, author of the autobiographical work We Shall Be Heard: A South African Exile Remembers, was born in the Transkei region of South Africa. He fled the country after being detained by police for "political crimes." The story of his escape is but one illustration of the attitude of whites in South Africa. By playing the role of the obsequious black, Jordan was able to persuade the police who were holding him in custody that he was thoroughly repentent for his actions. Convinced by his display, they allowed him to go to the restroom unescorted. That small break was the beginning of Jordan's long path to exile. MANIA "Blatant LEGAL Pot Jordan also described his experience as a schoolteacher. When he began teaching in 1953, Jordan had both Bachelor's and Master's degrees in education. His white colleague had only a Bachelor's degree. Nevertheless, the white teacher received 10 times the salary that Jordan did. "This is the. law," said Jordan. discrimination in Along with the curriculum, Jordan was told to teach black students how to obey orders 16. Many other blacks have been killed. "South Africa is filled with the tears of mothers crying for their children." from their master. He was forced to sign a statement that he would teach black children "that they are inferior" to white people. The goal of the revolution, said Jordan, is not majority rule. Blacks do not want to replace one racially-based system with another. The Pan-Africanist Congress of Azania (PAC), of which Jordan is chief representative, diplomatic would not support proportional representation in government. "The only thing that is going to prevent bloodshed in South Africa is economic pressure," Jordan stressed. "This is our last appeal to the western world." Reserving seats for blacks, whites, Asians, and coloreds in relation to their percentage in the population would only perpetuate a racial society. Rather, said Jordan, "we believe in a non-racial South Africa. We bethe human lieve in one race The United States alone pours $14.6 billion into the South African economy. European and Asian countries also have significant economic interests in South Africa. If economic support is withdrawn the government will not be able to continue killing blacks and apartheid will fall, believes Jor- blacks were again denied a voice in government. They continue to be subjected to the rule of thewhite minority offive million people. Many black protestors have since been arrested. "The government has detained 22,500 people," said Jordan, including 5,000 children under the age of Jordan's talk was presented by the Graduate Group on Human Rights Law and Policy in cooperation with the Minority Affairs GSA, the Political Science GSA and the African SA. Z^^^^H BAR/BRI in the summer of 1987 taught ajj subjects tested on the New York Bar Exam. .. f The Pieper course, in the summer of 1987 did not schedule Administrative Law. Administrative Law appeared as an essay question on the New York Bar Exam. For the other 28 reasons, contact your BAR/BRI representatives (bexfbn BAR REVIEW ! THE BAR REVIEW COURSE THAT CARES ABOUT YOU" — race." dan. 29 Reasons why most people choose BAR/BRI J. Africa is economic pressure," Jordan stressed. "This is our last appeal to the western world." The revolt in South Africa will continue, asserted Jordan. "The fight against apartheid will never stop." The West can play an effective, and indeed an essential, role in the war against apartheid. Divestment and economic sanctions are powerful tools in the struggle for equality." Jordan dates the current uprisings in South Africa from September 1,1984,the date the new constitution was enacted in South Africa. This constitution set up a tripartite legislature with one representative body each for whites, Asians, and coloreds. The 30 million BAR/BRI vs. PIEPER Reason "The only thing that is going to prevent bloodshed in South SENSINfi TOAV SHELDOK MISHT HAVE A SU6HT EDGE IN THE 3D6 MARKET, BlfF DECIDES TO BUY A ZENITH PERSONAL ODMPOTBK Discover how Sheldon—the Computer Nerd—gets the big bucks. Why does a Computer Nerd like Sheldonend up getting all the job offers? Find out from your Zenith Data Systems Campus Contact. Andask about the special offer below. Sheldon says it's definitely executive material! Here's theSheldon Special! expanded • K...r storage,ask about rhe Zenith Data Systems Z-181 Laptop PC Dazzling back-lit LCD screen for ensp text and great readability ¥ P* • — ' \'l^ = i VI Eg --^g6Bgb^ - theZ-183 Laptop PC with a 10.5M8 Hard [libk and iinn le 3'//floppy. ziBiL.ptc.pPi suggested reujpnee: $2.:«>9mi • "' " *$1l" OQQOII [,UJ|, "-"Knoppy * diskdrives ISI ll n,ln Aj«_>i7«_/ compatible software »64okram • mArechargeable ■ battery pi * • forhours of DC power Perfect for taking notes, writing papersand creating graphics on ,pot! the , ____^^ /<&&**"S2\. \(\ Visit your nearby Zenith Data Systems (ujl \m{ pel Campus Contacl today: Heath/Zenith Computers & Electronics \ r^£rf7i 3476 Sheridan Avenue vAj^S2^7 "9r*mam* C\a\A l Amherst. Ny 14226 716/835-3090 vV^fVy wZiZH systems "^ THE QUAUTY GOES IN BEFORE THE NAME GOES ON' a^°ut how yuu can qualify for easy monthly payments witha Zenith Data Systems Credit Card! only on purchases through Zenith ConUct(s) listed above by students, (acuity and staff lor their own use. No other discounts apply. Limit one personal computer and one monitor per individual in any 12-month period. Prices subject to change without notice. 01987. Zenith Data Systems Soecial pricing offer good November 11. 1987 The Opinion 11 �Attention! CLASS OF 1988 Last chance for a Fall Semester Discount Save $100 off the 1988 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. YOU PAY 1988 REGULAR TUITION STATE NEW YORK NEW JERSEY $975 $750 MASS., CONN., VT., MAINE, N.H. $850 DISCOUNT . /\/\ S IUU ' ■ $50 REGISTRATION FEE RESERVES THE DISCOUNT PRICE. (bwobn BAR REVIEW 415 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 12 The Opinion November 11, 1987 ONLY $875 $650 $750 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-11-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/11/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c0e20b6f4adcda103aa1ef5967c28d04.pdf 9d397adf575ef576d4bd18c41acf00a2 PDF Text Text THE OPINION Volume 28, No. 7 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW December 1, 1987 Enforcement Provision Needed on Harassment Policy ment in the law school. by Zulma Bodon Several weeks ago the law school announced the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harrassment." The policy clearly states that racist, sexist and other undesirable conduct will be sanctioned by the faculty. More specifically, the language in the statement warns that "racist, sexist, homophobic and anti-lesbian,.ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty." What motivated the adoption of this policy statement? Obvi- Dean Wade Newhouse ously, a decision to endorse a statement containing such forceful and determined language could not just come out of thin air. Something of significant concern must have compelled the faculty to go on record and declare a strong warning regarding acts of harrass- It is public knowledge that last year there were a number of unpleasant incidents involving abusive conduct and personal threats on gay students and on feminist women. The people responsible for the attacks remain anonymous. Although Dean Newhouse would not comment on the particularities of the incidents, he did admit that the events were motivated by racist and sexist attitudes: "I am not going to rehash the facts of the events even though these were serious incidents, both racial and sexist." He stressed the significance of the statement which was endorsed by the faculty "unani- Kunstler to Speak at Commencement by John Bonazzi The speaker for next year's commencement address will be civil rights activist William Kunstler. Maureen Casey, a member of the Commencement Committee, confirmed thatKunstler has been selected to -speak at the 1988 commencement on Sunday, May 22, 1988. Ms. Casey stated that in October a memo had been placed in all third-year students' mailboxes, soliciting suggestions for commencement speakers. From the 20 or so responses, invitations were extended to various public figures. Kunstler accepted the invitation and became the committee's choice. Kunstler is a New York City attorney who specializes in civil rights and constitutional law, and is affiliated with the Center for Constitutional Rights in NYC. He was very involved with prisoners' issuesduringthedisturbance at the Attica Correctional Facility in the early 19705, and more recently, has been involved in the legal battle regarding the Bernard Goetz subway-shooting affair. Although the speaker has been selected, that does not mean that the process is now complete. According to Ms. Casey, there will be a general meeting for third-year students at the beginning of next semester to discuss plans for fundraisers (students are responsi- ble for paying for the reception following the commencement exercises), picking the faculty speaker, and formalizing the remaining details. There will be a reception immediately following the commencement at Samuel's Grand Manor on Main Street in Clarence. Samuel's Grand Manor was chosen over the Airport Sheraton due to its closer proximity, better facilities, and lower price. Ms. Casey and Paul Prentiss, who comprise the Commencement Committee, ask that all third-year students interested in helping to plan their commencement contact one of them, or leave a note in Box #646. Cascio Receives Chancellor's Award by Andrew Bechard Another memberof theSears Law Library Staff at UB Law has been recognized by the State University of New York for excellence in their work. Nina Cascio, International Law Librarian and head of the M. Robert Koren CenterforClinical Legal Education, was recently given the SUNY Chancellors Award for Excellence in Librarianship for 1987. Notified in May that she was the recipient of the award, in a recent interview Ms. Cascio said, "It was a very nice honor to be recognized with it (the award). My colleagues contributed a lot to this to allow me to be able to actually do a lot of different and creative things because of the encouragement of my colleagues. Freedom to explore ideas and develop them into practice contributed to this (award)." One of the ideas being pursued by Ms. Cascio has been the development of a Human Rights File to supplement the general law library collection. The Human Rights File, which can be found near the reference desk on the second floor of the — library, is composed of descriptions of and sample publica- documentation which is more detailed and current than that which is found in most articles and books." She added that it is often hard for students to get ready access to the specialized information that is found in the Human Rights File and that the file gives students a good base of very current information upon which to supplement their research. The file is also used as a library collection development tool Ms. Cascio peruses the material that is sent to the UB Law Library for the file and identifies which material should be kept for the permanent UB Law Library collection. Nina Cascio received both a J.D. and Masters in Library Science degrees from the University at Buffalo as well as a B.A. in English Literature from SUNY at Binghamton. She has — Nina Cascio tions from the various human rights organizations and agencies in North America. The file was developed by Cascio to serve the law school community at targe and more specifically for those with a decided interest in human rights; for example, members of the UB Graduate Group on Human Rights or those students in law seminars with internationallaw aspects. Cascio commented that the Human File was Rights ephemeral human rights "... continued on page 2 SBA ELECTION RESULTS FOR FIRST YEAR DIRECTOR *Elizabeth Bannigan, 51 votes Melanie Jenkins, 18 votes Rohan Marshall, 39 votes Keith Woodside, 21 votes mously, resoundly, and after thorough consideration of a draft submitted by a committee of faculty." Professor Isabel Marcus, who participated in the committee that drafted the statement, agreed that the particularities of the incidents are not as important as the fact that the events were the fruit of "stereotypes and prejudices." She said that the combination of the substance of the incidents and the anonymity of the perpetrators "is often a clear indicator that the actions were motivated by unattractive factors." The faculty statement should be applauded and embracedby every law student who believes in human equality and decency. The statement represents a major step toward creating more awareness and support for diversity and freedom of expression in the law school. Its strength, however, might be diluted by the absence of a formal mechanism designed to address specific charges of racial and sexual harrassment. In this regard, Marcus warns: "The lack of a formal mechanism should not be mistaken for a weakness of the policy intent I think that, at this point, it was not clear how we should proceed given the nature of the incidents." Professor Charles Carr, who also participated in the drafting of the statement, explained that the discussion surrounding the policy statement focused on the immediate need "to make some statement to people in our own house about what we thought proper procedures and attitudes are, particularly within the classroom where it is more likely that a member of the faculty is going to be confronted with a statement that shows some kind of insensitivity." Marcus expressed a similar view: "There was a concern that something had to be said .. continued on page5 Profs. Albert and Leary To Be New Associate Deans by Alexei Schacht While there has been much written lately about David Filvaroff, the law school's new Dean, the law school will also be getting two new Associate Deans in January. The current Associate Deans, Marjorie Girth and John Henry Schlegel, will be replaced by Lee Albert and Virginia Leary, two veteran law school faculty members chosen by Filvaroff. While it should be noted that the changing of the Associate Deans is a routine event, the functions of the affected faculty members will change as a result. Virginia Leary will be in charge of Student Affairs, presently Dean Girth's responsibility; however, it is still somewhat unclear exactly what the new Associate Deans' roles will be. Nonetheless, Professor Albert made it clear that he is willing to do whatever Dean Filvaroff asks of him. In this vein, Albert said that he hoped to be "particularly helpful during the early years of David's Deanship." Part of that job, said Albert, would include acquainting Filvaroff with the "folkways" at Buffalo Law School. Because of Albert's new duties as Associate Dean his teaching load will be lightened. For instance, next semester he will be teaching his seminar in constitutional litigation but not constitutional law, or any other course, as he is this semester. Albert, who seems eager to begin working with Filvaroff and Leary, said, "I can't wait until the new Dean designate and the new Associate Dean designate get back to Buffalo." As for Professor Leary, she is Prof. Lee Albert away on sabbatical, and could not be reached for comment. Dean Newhouse said he will take a sabbatical next semester and will finish the collective bargaining materials that he has been working on. Then, in the fall of 1988, Newhouse will resume his full teaching load. Associate Dean Girth will be returning to full-time teaching duties next semester. She will teach her course in DebtorCreditor Law and a seminar on gender-based discrimination. Girth will also continue her work on the Erie County Task Force on Women and on the New York State Bar Association's Task Force on Women in the Courts. Associate Dean Schlegel is away and could not be reached for comment. Inside . . ..... BPILP Speakers Res Ipsa Loquitur ... Guild Perspectives ... "The Right View" ... Josephson BRC .... Moot Court 3 7 7 8 9 11 �SBA Subcommittees Formulate Their Initial Proposals The SBA poll of student suggestions has defined nine issue areas on which the student body believes Dean Filvaroff must be briefed. By building on and amending the initial statements, which are outlined below, a well-argued and representative student position can be developed. This effort will demonstrate the concern and cohesiveness of the student body and will convince Dean Filvaroff to take student opinions confidently into consideration when setting policy for our law school. CURRICULUM Krista Hughes, Kelley Omel, John Williams The subcommittee for addressing the curriculum is planning on bringing several issues to the attention of the dean. Besides suggesting specific courses which would benefit the law school, the committee will be examining two primary issues. Thefirst is whether ConTorts should be a first-year course or whether it should be an upperclass elective. Second is whether there should be a greater concentration on "black letter," Bar-related courses or whether the law school should continue its emphasis on evaluative and interdisciplinary courses. REGISTRATION John Bonazzi The subcommittee is very concerned with the registration process here at ÜB. It has always been the source of much student dissatisfaction and displeasure and must be changed, as it maximizes frustration and minimizes efficiency. Basically, there are five improvements urged by the subcommittee as the result of your comments. First, registration for the fall semester must occur during the spring and not the summer. This will allow for students to receive guidance from upperclassmen. Also, any student receiving less than four courses should be allowed to have his/her request resubmitted. It is not fair to require them to fight for additional classes with the rest of us who already have four classes. Students seem upset that A & R does not have a single clue as to the numberof people on waiting lists, what classes are closed, etc. A suggested remedy involves using student volunteers to chart the number of people in each class as students drop or add classes. This will allow students to make informed decisions about dropping/adding classes and will cut down considerably on the number of needless drop/add attempts. Furthermore, students appear dissatisfied with the present forced registration procedure. By allowing the students (or A & R if they insist) to keep official waiting lists, students can be automatically added to courses as others drop. Finally, students feel strongly that A & R needs to do two very important things: extend hours during both the week prior to and the first two weeks of classes, and create two add/drop lines. Students have grown tired of standing in one endlessly long line due to A & R's short hours, not knowing what classes are available or how many people are on the waiting lists, getting their add/drop requests rejected, obtaining another add/drop request, and then doing it all over again, and again, and again Please make an effort to inform the subcommittee of your reaction to the above. Things will only change with your active participation in the process. We look forward to your com- . ments. ADVISEMENT Kelley Omel The Advisement Subcommittee has been taking student suggestions regarding the pos- sibility of establishing a formalized advisement program. The two suggestions which are being considered are assigning students to professors in the first year, or assigning first-year students to upperclass students. The purpose of this advisement proposal would be to offer students the opportunity to discuss course selections and other problems which are related to attending law school. LIBRARY Karen Surber The Law Library should be a concern to all law students. The SBA Subcommittee for Developing Student Issues is trying to get all the student body at Buffalo Law School to openly voice their particular concerns with the Law Library. There have been some comments received about the library but there is a need for more suggestions if the subcommittee is going to be able to fully understand the students' concerns about the Law Library. Some of the suggestions received are the following: There was a request to address the problem of the lack of photocopiers in our library. There are currently only three photocopiers for the whole student body, which are not always working properly. Furthermore, there is a problem of too few seats for too many law students. Students have voiced a concern about having undergraduates in the Law Library. One of the problems with allowing undergraduates in the library is that the more undergraduates allowed in the library, the less seating for law students. Another recurring problem is the actual hours that the library is open. Students have suggested an increase in the library hours, particularly during exam time. We appreciate the suggestions given and we ask for more. RANKING Derek Akiwumi Since 1986 UB Law School's ranking in the Gourman Report has dropped from somewhere in the top 20 to 39. While we are still waiting for the results of the current ranking report, it is hoped that the members of thiscommittee will work diligently to pinpoint thefactors which have contributed to our recent decline in ranking among law schools. Once this task is finished we will present the findings to the dean. This report will contain student comments and suggestions on how we would like the new dean to address our concerns. LOUNGE/CAFETERIA Chuck Johnson The first floor student lounge is poorly lit, dismally furnished, and uncomfortably cold during the winter months. Dean David Filvaroff expressed a commonly felt view regarding O'Brian Hall generally in stating that there is essentially nothing in the layout or decor of this law school that would "bring a smile to someone's face." (The Opinion, October 28, 1987.) In addition to the absence of human engineering in the building, there are few places where law students can comfortably congregate, or grab a bite to eat between classes without being overrun by students from all other areas of the university. The law school is a thoroughfare for the university at large and there are few pleasant places for students and faculty to interact informally. These factors combine to create feelings of alienation and isolation among law students. A cafeteria and lounge could go a long way towards improving the situation. We recognize that space is a genuine problem. An attractive Candidate Brings Impressive Credentials by Zulma Bodon How a clinical program can have the most impact in meeting the needs of a community and in giving law students a "worthwhile" educational experience is perhaps the most important concern expressed by Judith Avner, candidate for a tenured faculty clinical position. During a brown bag lunch on Wednesday, November 11, a number of law students met with Avner and discovered that, as a candidate, she brings with her an impressive set of legal experiences (both statewide and nationally). Her credentials are not only impressive, but too numerous to outline. She came across as an interesting, experienced and exceptionally qualified candidate, and showed genuine interest and enthusiasm about joining our law school faculty. She seemed equally eager to have the chance to contribute a new and progressive approach to ÜB's family law clinic. In looking at the kinds of clinical experiences that can be combined to make the clinic a more exciting process, Avner talked about combining traditional litigation and legislative advocacy. She considers this type of advocacy an attractive 2 approach "whether that takes the point of view of statutory advocacy or regulatory development and implementation" because "there is so much more involvement on the part of government in the family, a much more intrusive way than there ever has been before." This reality, she added, presents the opportunity to explore newforms of advocacy. Although Avner recognizes that this clinical mode can be frustrating, she thinks it helps students develop a better understanding for what the dynamics of the process are when attempting to produce structural change. Another technique envisioned by Avner is appellate advocacy. Involvement in this area, she explained, allows lawyers to have a broader impact: "You can only have so much impact in direct services In doing individual services you have a very limited impact on systemic problems, whereas if you are involved in appellate advocacy you are given the opportunity to have a much broader im- ... pact." From a student's point of view, Avner commented, the most significant aspect of combining these types of advocacy techniques is that it changes the The Opinion December 1, 1987 narrow perception that there is only one particular mode of advocacy, and that "we are not as agile in assessing other forms that might be available and that ultimately might be more productive in the end." Avner thinks her approach is also useful in any number of substantive areas. In particular, she stressed state and local government law: "Advocating on behalf of consumers of services and recognizing that there is a lot that happens between the state and the delivery of services and between what people want and the way policy is developed by the state" is a way to get good hands-on experiences while combining various advocacy modes. Although Avner admits she lacks "the best working knowledge of Western New York," she has had some working contact with the organized women's groups in this part of the state. As director of the New York State Division of Women, Avner has provided technical assistance and support for the work of the Erie County report on the status of women. Because of herlimited knowledge and impressions about Buffalo, Avner would not make any assumptions about the needs of the community. "I would not presume to identify for the community what its needs are, but rather to hear people articulate those needs." Avner has always enjoyed teaching. She feels the classroom provides her the opportunity to combine several interests, including the constant interaction with students and the chance to do advocacy. More importantly, teaching allows her to think, "to step back and look at broader issues in orderto develop theoriesand institutional responses to problems." Equally important to Avner is that teaching is a process by which she can share "interesting insights and perspectives" as well as to introduce her view of the world and how things work best within that world. This teaching approach, Avner concluded, would work most effectively when clinics are given the institutional support and recognition needed to pursue the , integration of abstract and experiential learning. The decision to make this a tenure-track clinical position is a demonstration of our law school's commitment to recognize the important role clinical programs play in legal education. student lounge and cafeteria might be placed in either the present first floor lounge area or iti the basement of O'Brian Hall. The benefit of the first floor location is easy proximity to classrooms and other high traffic areas of the law school. The disadvantages of the location include its space limitations and the room's arctic temperatures in the winter months. Moreover, the use of the space as a cafeteria and lounge could conflict with its current use as a meeting place for law school organizations. Although the removal of some of the lockers in the basement could be a problem, given the spaciousness of the area and its isolation from the heavy traffic upstairs, the basement may serve as the best location. While there has been discussion of partitioning a portion of the library for the creation of a cafeteria and lounge, many in the student body have substantial concerns about such an alternative.The law library is central to our professional training. Given the special requirements in maintaining a first rate library, we do not believe it prudent for the creation of a cafeteria and lounge to come at the expense of scarce library space. Undoubtedly, limited resources such as space and dollars must be spread equitably between numerous competing and legitimate projects. Yet the law school student body believes that the creation of a student cafeteria and-lounge is a paramount concern if we are to improve the quality of life and encourage greater interaction between students and faculty within our academic community. FINANCIAL AID/ LOAN FORGIVENESS lan Fitzpatrick, Suzanne Unger Incoming Dean David Filvaroff has raised the possibility of increasing funding and staffing for financial aid. For these improvements to become a reality, the students must articulate their needs in this area and lend their support to the Dean when he seeks the necessary funding from Albany and other sources. This year, students have faced loan processing delays because of poor administration in thefinancial aid office. Even the SBA has been asked to contribute to the emergency loan fund Cascio ... continued on page 8 from page 1 published an article on NEXIS, the computerized news database, and is working on other articles concerning human rights research. Cascio's duties also include helping people use the seventh floor Foreign Law collection and the International Law collection on the sixth floor. In addition, as head of the M. Robert Koren Center for Clinical Legal Education, Cascio administers the videotaping facilities of the Koren Center on the fifth floor of the law library. Ellen Gibson, director of the law library, commented, "We are extremely pleased and very proud that we have Nina here with us. It is rare for a library with a collection and staff our size to have two SUNY Chancellor Award winners with us." Marcia Zubrow, Reference Librarian at the UB Law Library, is also a past recipient of the Chancellors award. �Speakers Discuss Our Legal System Seminar Papers Being by Michael Kulla On Thursday, November 12, in the faculty lounge. The Buffalo Public Interest Law Program (BPILP) sponsored two speakers. They were Erie County's Chief Assistant District Attorney Chris Belling and Chief Assistant Public Defender Dan Berry, and the topic was "Does the Legal System Really Work to Help the Poor?" Both Belling and Berry discussed the structure of their respective offices and what cases their offices handled. Berry noted thathe works at theLegal Aid Bureau of Buffalo, which is a private corporation. There is no "Public Defender's Office" per se. Legal Aid handles criminal cases (i.e., misdemeanors and felonies) through the preliminary stage at City Court. Should the case be sent to the County Court level for a grand jury hearing, the case is handed over to the Assigned Counsel Program. The attorneys involved in that program place their names with that office and are called to represent clients as their name comes up on the program's list- ing. Attorneys are not required to participate, but the placement of their names in the program is strongly suggested. Belling reflected on his work experience at the DA's office. He claimed he obtainedhis education on criminal procedure and evidence through his early years of working at that office. Another lesson he learned is thatpeople whocommit crimes usually do not plan out their acts thoroughly. He recalled several humorous storiesabout cases he worked on where the planning of the crime was a low priority. Berry talked of the high volume of cases that came through the Legal Aid Bureau last year, approximately 10,000. This large number raises the issue of whether these individuals are receiving adequate treatment from the criminal justice system. Often, cases are rushed through the system and many are placed in other areas, such as social services, because all the cases cannot be handled by the courts. One result of this process is theloss of individuality felt by the people who pass through the system. These thoughts were echoed by Belling. For himself, he has a practical approach to case resolution. He accepts the fact that plea bargaining must be used as a means to reduce the court's burdensome caseload. Another way to achieve this end is by an examination of the facts to find a way to dispose of some cases. For example, he claims serious repeat offenders are between the ages of 16 and 24. If a case comes up that involves a 25-year-old first offender, his attorney will argue this offense is an aberration and that the case should be resolved quickly, usually through plea bargaining to a lesser offense. As a way to resolve the problem of the heavy caseload, Berry suggested that all the money spent to put convicted criminals away in prison could be used to put those same people in therapeutic programs to enable them to function within the laws of society. One question Belling received concerned his feelings about the use by battered women of psychological selfdefense as a complete defense to murder. His response was that his professional and personal views merged; namely, he feels the legislature should be the one to propose such a change in the criminal law. He stated he would have no reservation in prosecuting a woman who asserted that defense until that occurs. The speakers drew an audience of nearly 40 students and faculty. This presentation was the first of several panel discussions BPILP plans to organize during the school year. HESC RefutesLoan DefaultRates Dr. Dolores E. Cross, President of the New York State Higher Education Services Corporation (HESC), has refuted thefederal loan default rates for colleges and vocational schools released by U.S. Education Secretary William Bennett, and warned that Bennett's outright inflation of the default level threatens access to higher education and is a thinly veiled manipulation of the public's concern for accountability. In releasing the federal default rates, Bennett also announced that by 1990 post-secondary institutions whose default rates exceed 20 percent could be barred from all federal student aid programs, under new federal rules. "Not only is it thedefault rate which I refute, it is Bennett's policy on default," said Dr. Cross. "I believe his policy is shortsighted and dangerous in the way that it misleads the public. He has promulgated a policy which disregards the steps that guarantee agencies, schools and lenders have been taking to control costs and to ensure accountability in the student loan program. "But even more, the Secretary, through his new policy, totally overlooks the progress we have achieved as a nation by helping those at the bottom to succeed. We cannot afford to restrict access in any way to do so would forfeit the future benefits that would accrue from an educated citizenry. We cannot cut out schools or programs as though they haven't made a difference." "We cannot afford to underestimate the vital role education has played in our nation's success stories," Dr. Cross added. "Nor can we ignore the increasingly important role student financial aid plays in making education available to all of particularly the our citizens poor and middle class." — — In a letter to chief executive officers of New York's colleges and lending institutions, college financial aid administrators and key members of Congress, Dr. Cross notes that the Education Secretary used flawed data and a flawed formula for calculating the default rates cited in the Federal Funds Information for State Institutional Default Rate Study (FFIS). She also urged the officials to speak out against the federal government's new approach to defaults. "The data source for the FFIS study is so flawed that even the Inspector General of the U.S. Department of Education recommended that it not be used to analyze Guaranteed Student Loan Program defaults," Dr. Cross said. "Problems with the study include missing records and the listing of schools that have been closed for years. Furthermore, the formula for calculating the rates is bound to lead to inflated figures because borrowers who have made full repayment were not included in the calculation. That fact alone may overstate-New York's default rate by 50 percent." Dr. Cross also took issue with the new federal rules which would bar from participation in federal student aid programs institutions whose default rates exceed 20 percent. "These rules will encourage schools to deny access to those they identify as high risk," said Dr. Cross. "Yet we know that many so-called high risk students have achieved and contributed greatly to our nation's success." "Balancing the Scales" Is the Focus ofLaw Day by lan Fitzpatrick With the theme "Balancing the Scales: The Next 100 Years," students and legal professionals from Western New York and the Northeast converged upon O'Brian Hall Nov. 21 for the 1987 Law Day Regional Conference. The program, sponsored by the Black Law Students Association, Latin American Law Students Association and the Asian American Law Students Association, gave participants insights into the changes in legal education of minority students, and the racial tension and career possibilities in the legal field. The conference is an annual event which promotes increased ethnic and cultural diversity within the legal profession. Umar Seabrook, the Law Day Committee Chairperson, with the help of the Law Day Committee, put together a program that gave aspiring attorneys a sense of hope that they could overcome the odds while painting a realistic portrait of the obstacles facing many minority law students and attorneys. Throughout the day, students and legal professionals had forums in which they discussed the status of minority legal education, admissions, financial aid, and racism in the world of the practicing attorney. The keynote address featured James Davis, author of "How to Succeed in Law School." Warmly received by the crowd, Davis told students how they could survive and ultimately succeed in the pressure-filled legal academic environment. Diana Harris, BLSA President, praised the conference for its "invaluable contribution" to the educational, social, and professional development of all the students who attended. Sought By "In The Public Interest" by Molly Dwyer In The Public Interest: An Alternative Law Journal is published annually by students in the law school at the State University of New York at Buffalo. The journal is committed to printing articles which examine i legal issues in their social, historical, and political contexts. The staff is committed to articles fostering a broad sense of social justice and equality. Staff membership is open to all students. This journal is distributed to law school libraries and public interest organizations around the country, and is indexed in periodical reviews. Our main source of material is seminar papers by law students. As all of you have to take two seminars during your stay here, there should be lots of pa; pers floating around. The best journal is one developed out of the largest number of articles considered. The best journal is one that is representative of the diversity present within this community. We ask that you please consider giving us a copy of your paper(s) to read and consider for publication. We ask thatyou urge your friends to submit articles. We ask that you urge your professors to steer articles our way. The entire editorial board reads each paper and then we select through consensus from the entire pool of submissions those best suited for publication. All our editorial decisions are hammered out collectively. There are no specific length qualifications and we are interested in a variety of subjects; we are not necessarily looking for traditonal research papers. We encourage the submission of journalistic accounts of an experience with a summer job or a clinic; interviews with persons involved in areas of interest; essays. Don't worry about Blue Book form. In short, we are open to suggestions. All articles are considered anonymously. You don't have to be worried about the rough state of your paper as, if selected, you will have the opportunity to work with our editors to tighten things up before publication. So: 1. Admit it. You have a couple of papers laying around the house. They're not bad. Come on you passed the course, didn't you? — 2. Admit it. The idea of publishing in a journal distributed nationally has some appeal to you. Think of your resume. Think of a glossy pre-packaged writing sample. 3. Okay. Act on these admissions. a) White out your name and fill in your social security number instead. b) Make three copies of your papers. c) Then get an envelope. Write down your name, the name Of the paper, your social security number and your phone number on a piece of paper and put it in the envelope. d) Drop the whole package off in room 118 or on box 682. Finished. All you have to lose is the cost of the copies. If you have any questions about any of this, please stop by room 118 and ask. Deadline for submission is January, 1988. Committee Targets Students Who Can Thrive at UB Law by Alexei Schacht This semester the law school faculty created a so-called Student Recruitment Committee. The members of the committee, appointed by Dean Wade Newhouse, are Errol Meidinger, Guyora Binder, Aundra Newell and Victor Thuronyi. The origin of the committee, according to Meidinger, "derives from a growing sense among the faculty that in order for the Buffalo project to succeed it is important to have students who can thrive in it." In other words, the committee will attempt to get students "who might be particularly happy here," said Meidinger. The committee was established, in part, to help Buffalo compete for students in the shrinking law student market. The Recruitment Committee has discussed several methods to help recruit students. The ideas are many and varied with the major obstacle to their success being access to funding. One goal of the committee, according to Meidinger, is to change some people's image of Buffalo as a "desolate and foreboding" place. This might be done, he said, while "trying to improve the array of images [of the school] in order to publicize it." With this in mind, two student photographers, Jim Hayden and Ray Deitz, will betaking photographs in and around the law school that might possibly be distributed at pre-law fairs and similar events at undergraduate schools. In this vein, the committee is also considering sending graduate assistants, supervised by Newell, on recruitment trips to various undergraduate schools. Some recruitment ideas involving the faculty include direct recruitment visits by faculty members, although this may be one option that is too costly or otherwise impractical. Another possibility is to have law school faculty contact colleagues in undergraduate institutions who could recommend Buffalo Law School to promising students. Two other ideas that seem to be good, but long-range, are "advertising in relevant periodicals" andthe making of videos. It is not decided which periodicals would be approved. Finally, one plan that seems to have enormous potential, according to Meidinger, involves attempts to "leverage Buffalo media" into covering the activities of law school students and alumni. Any readers with ideas regarding these plans are urged to contact one of the committee members withtheir comments. Because all of these plans are still at the formative stage their details are necessarily sketchy. Nonetheless, there seems to be a sense that, particularly with the arrival of the new Dean, David Filvaroff, the Student Recruitment Committee has enormous potential for success. December 1, 1987 The Opinion 3 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPE& ■ M I h| M ■ m [HI hj l ■ J J n JW Isn't that what a Bar Review Course is all about? PIEPER HEW YORK-MVLTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11520 (Sl6) 747-4311 The Bar Course That Cares, PHONE: 4 The Opinion December 1, 1987 II I I �Blum Speaks on the Reality ofNuclear Destruction by Daniel Ibarrondo On November 10,the Nuclear War Prevention Studies Graduate Group sponsored a lecture by Prof. Jeffrey Blum on the prevention of nuclear war. The possibility of global nuclear war is real. We are in the midst of a fast-moving melodrama, in a relatively shorttime period, in which the likelihood of nuclear war is imminent. Jeffrey Blum resounded this theme in the lecture on nuclear war prevention. Blum's analysis of the present situation was divided into two realities of our times: the reality of nuclear war and the risk of nuclear war. These two realities were divided into the alarming and paradoxical indicators that the risk of nuclear war is very real. Blum blasted out against the theory behind mutual assured destruction (MAD). That is, that a nuclear war can be avoided by escalating the arms race where we would show our superiority over the Soviet Union at every level of conflict and they would eventually back down from our threats. Blum, speaking against this theory of "escalation dominance," stated that, "What we really want to do is have a nuclear war where we would prevail, because we can then force the Soviets to back down and we can then be free to roam the world." This points out just one of the alarming realities. To talk of winning a nuclear war is ludicrous, Blum explained, given the known destructiveness that nuclear war would bring. The development of nuclear war weapons research and the development of these in Third World countries is another alarming facet of the arms escalation. This would serve for nothing more than placing regional conflicts into the realm of global conflicts. "The United States and the Soviet Union missed their chance to control nuclear weapon proliferation," said Blum. "There are now about eight other countries with nuclear weapons." There is a general feeling among those in the military field and advisors to the Presidentthat we can have a nuclear war with the Soviets and prevail. This notion is able to survive and expand through development of technology because of the lack of involvement and/or concern by individuals, students, professors and lay people. In this regard, Blum stated that "our political culture is outdated in our failure to realize that we are in a nuclear age. Politicians can talk about winning a nuclear war and it is considered as a gesture of bravery." He pointed out how during the Cuban Missile crisis the general response was that we had prevailed. Kennedy's repu- tation and respectability nearly tripled while nobody spoke about the possibility that an outright nuclearwarcould have happened. The paradigm to the threat of nuclear war is that we all know it exists, but nobody is quite ready or willing to grasp and deal with it. Very few people ask themselves, "What will I do now?" As a result of this lack of personal and individual involvement, the military interests, by default, have control of this issue and our public policy stands on their views. One solution to the arms race and threat of nuclear war is the establishment of a worldgovernment. In the graduate group's working paper, "Nuclear Risk, Historical Melodrama," prepared by Blum, it is stated that the establishment of a world government is not as Utopian as many people in the U.S. and U.S.S.R. would tend to believe. There is a real need for supra- national control of the problems of overproduction and underconsumption that is leading to economic depression on a global scale. This is the perennial problem of our times and all the ills of the world are witnesses to this fact. The Nuclear War Prevention Studies Graduate Group, a newly formed, campus-wide interdisciplinary organization, was formed to address the threat of massive destruction and extinction through nuclear holocaust. There will be one final lecture this semester given by Prof. Victor Thuronyi, and an upcoming two-day conference on April 89, 1988. The conference is entitled "The Causes and Prevention of Nuclear War: Where Are We Going—What Can Be Done?" and will feature Paul Warnke, former SALT II negotiator and Nobel Laureate and former Manhattan Project Scientist Hans Bethe. Judge Howe, Avery Speak at Brown Bag Lectures by Patricia Miceli The Association of Women Law Students began its Brown Bag Lecture Series on November 12 with a presentation by Professor Dianne Avery to a group of over 50 law students in the first floor lounge. Professor Avery's talk was entitled "Property Interests of Cohabitating Couples." The lecture dealt with a hypothetical "yuppie couple," David A. and Susan 8., who had entered into a relationship in which they attempted to achieve both intimacy and individual autonomy. Avery explored various economic choices of property interests including shelter, which required the couple to weigh competing values of dependency and self-reliance. . Prof. Diane Avery Avery argued that an intimate and autonomous relationship starting at a level of economic equilibrium between two individuals does not remain equal for long. Avery asserted the intimate and autonomous goals of the couple are illusory. In her concluding remarks, Avery asked Summers Abroad Program For '88 Offers Diversity CARLISLE, PA (November 9, Students who wish to study comparative and international law in Italy, Austria, France and Belgium next summer may enroll in the 1988 Summer Seminars Abroad program sponsored by The Dickinson School of Law. 1987) — Programs will be held in Flor- ence, Italy; Vienna, Austria; Strasbourg, France; and Brussels, Belgium during the summer of 1988. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission. Three two-credit courses will be offered in each program. The first summer program involves four weeks of study in Florence, Italy from June 6 to July 1. European scholars and practitioners will work with members of The Dickinson School of Law faculty to teach Comparative Criminal Law, Comparative Law, and International Law and the Arts. Students enrolled in the second summer program will participate in two consecutive twoweek sessions, the first in Vienna, Austria and the second in the students to consider whether the economic choices of a married couple are any different from those made by unmarried cohabitants. On November 19,the second Brown Bag Lecture was held and featured Barbara Howe, judge-elect for Buffalo City Court. Howe's talk, entitled "Social Scientific Approach to Running for Judicial Office And Winning," highlighted her recent campaign. She discussed how she used her background in sociology Strasbourg, France from July 3 to July 29. Courses in Comparative Civil and Criminal Procedure, Comparative and International Family Law, and Comparative Products Liability Law will be taught by Dickinson faculty and international legal scholars and practitioners. The third summer session involves four weeks of study in Brussels, Belgium from July 3 to July 29. Legal scholars from Europe and members of the Dickinson faculty will teach International Transportation Law, Legal Aspects of European Economic Integration, and Transnational Business Organizations. In addition to offering academic credit, each program will be structured to provide opportunities for students to develop an appreciation of the cultural and historical richness at each location. Dickinson has offered summers abroad programs since 1981. For more information, write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson School of Law, 150 South College Street, Carlisle, PA 17013, or call (717) 243-5529. . and law to make clear, effective campaigning choices. Those choices included concentrating on the primaries, campaigning where primary voters gathered (not just at any gathering), and campaigning among seniorcitizens. Howe said she did not eat at home for five months; she was always out among the people. The importance of target mailings was also stressed and Howe added that people are willing to vote for women. Barbara Howe holds a degree Faculty Statement to the students to remind them of the goals of this institution and thekind ofbasic civility and decency expected around here." Thus, initially, the primary 'objective was to make a statement of intent, a statement of "community," that would put people on notice "that repulsive behavior would not be dismissed as an issue because the faculty takes them very seriously," added Marcus. A question that should be raised is how effective can the policy be without a procedural structure for handling complaints? Both Marcus and Carr agree thatwhile the actual implementation of the policy is something the committee did not address, the position of the faculty is clear: any violation of the policy could result in letters to the Character and Fitness Committee of the Bar, expulsion from the law school, and/or references for criminal prosecution, if appropriate. Carr expressed this position emphatically: "I think this type of disciplinary action is something the law school faculty and administration have both a right and an obligation to do since we are the primary training vehicle [for the profession]." They also suggested that the Faculty and Student Relations Board (FSRB) might serve as the appropriate body for handling complaints. However, they indicated that it might be necessary to consider whether, procedurally, a particular disciplinary action falls within the purview of a university-wide in law and sociology. Currently she is an Associate Professor in Sociology, SUNY at Buffalo. Future events of the Association of Women Law Students include: Professor Charles Ewing, who will speak on "Battered Women Who Kill" on December 3 at 12:30 p.m. in the first floor lounge; March 8, International Women's Day; and the preparation of a position paper for Dean David Filvaroff. Those interested in joining AWLS should put a note in Box 271. from page 1 system since the law school is but another division of the university. But the question of whether the FSRB can perform the function of adjudicating charges of racial and sexual harassment remains unclear. Nils Olsen, a member of the FSRB committee, thinks that the existing mechanism of this body can be employed to handle the problem. "I don't know if any other committee structure would be appropriate, but if there is one committee that would be appropriate I assume it would be the FSRB." The FSRB, according to Olsen, is an adjudicatory committee that deals with such issues as academic dishonesty and faculty discretionary action. The committee holds hearings and draws conclusions after a thorough and careful examination of the facts. "academic conClearly, cerns" is the major context under which the FSRB committee operates. This suggests that the scope of this committee would need to be expanded to include the adjudication of new types of grievances. And even if the FSRB is viewed as the appropriate forum, does it have formal rules for handling the kinds of issuesaddressed in the policy statement? "I am not sure that there are formal rules with respect to the FSRB, there are with respect to academic dishonesty," Olsen explained. But he also indicated that the FSRB has a set of procedures defining how charges of academic dishonesty are handled. Again, this is an area which requires further exploration: whetherthere is a need to incorporate a new procedural structure to handle charges of sexual and racial harassment, or whether the existing mechanism of the FSRB is adequate enough to meet the needs of victims of abusive behavior. An alternative vehicle for enforcing the policy might be by administrative action. This approach seems plausible for incidents that involve criminal conduct. Olsen agrees: "If the incident involves criminal behavior or significant misbehavior, it seems to me that the Dean is the appropriate mechanism because he is going to act much more quickly and authoritatively than the FSRB." The Dean could also make a determination, Olsen added, whether the matter is one which is appropriate for the FSRB committee. In short, the faculty of this law school has found it necessary to address and define, with authority, what they consider to be unacceptable conduct. The policy statement is a clear and specific warning that they will take strong and assertive action to punish those who engage in "outrageous behavior." Although the statement should be welcomed as a step in the right direction, the prescription of a set of rules and procedures for implementing the policy is missing. Perhaps in the forthcoming months, as suggested by Marcus, the new Dean will ask the faculty to add this very important component to the policy. December 1, 1987 The Opinion 5 �OPINION fiSe STATE UNIVERSITY OF NEW YORK AT RUFFALO SCHOOL OF LAW Volume 28, No. 7 December 1, 1987 Editor-in-Chief: Krista Hughes Managing Editor: Zulma Bodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Susan J. Clerc, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Derek Akiwumi, Martin Coleman, Karen Cornstock, lan Fitzpatrick, Chuck Johnson, Kelley Omel, Peter Ryan, Martin Sanchez-Rojas, Damon Scrota, Lisa Sizeland, Karen Surber, Suzanne Unger. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Faculty Statement Should Bring A Heightened Awareness Recently, the faculty of this law school formed a committee to address "intellectual freedom, tolerance and prohibited harassment." The efforts of this committee resulted in a statement which was adopted by the faculty on October 2, and a copy of which was placed in all law school mailboxes. The statement heartily encourages the free expression of ideas but, at the same time, cautions that with every grant of freedom there comes a need for responsibility. This statement by the faculty was prompted in part by last year's spate of blatant homophobic and misogynistic attacks within the law student body. It warns that disciplinary action, even to the extent of preventing admission to the Bar, will be taken against any person who engages in this type of behavior. Unfortunately, the person or persons responsible for last year's attacks have never been found and it is unlikely that anyone who might engage in such activity in the future could be easily identified and prosecuted. Thus it is difficult to imagine how this new policy will be effective in punishing the perpetrators of attacks such as the clearly revolting incidents of last year. However, the faculty statement is still a bold and commendable step toward obliterating bigotry of all kinds. One thing the new policy will do is to raise the general awareness to the kind of discrimination that occurs all the time within our classrooms and elsewhere in the school. Hopefully, this awareness-raising, which is aimed initially at the faculty, will trickle down to the entire student body. A recent article in the Wall Street Journal, entitled "Black College Students Are Viewed as Victims of a Subtle Racism" (W.S.J. 4/3/87), explains that prejudices and bigotry, blatant or subtle, are a problem on campuses nationwide. This article reveals that "minority students say they almost daily encounter stereotyped comments, harassment by security guards and prejudiced treatment by teachers." A faculty committee formed at MIT in 1984 reports that black students, and presumably other minorities, are "burdened by 'feelings of isolation, insecurity about the admissions selection process and the perception that non-minority students believed lower standards were used in the admission of minority students.' " Such attitudes on the part of non-minorities, students as well as teachers, can lead to false expectations of underperformance by minorities, and can ultimately become a very unfortunate self-fulfilling prophecy. It is distressing that our increasing chronological distance from the civil rights movement seems to be resulting in a sense of complacency or even apathy toward issues of racial, gender-based and sexual-preference-based inequities which are appearing in subtle forms with increasing frequency. Heightening faculty and student awareness to incidents of bigotry and prejudice is a solid beginning in the struggle against this complacency. Another step would be to make a sincere effort to increase the representation of minorities on the faculty. While this is a solution, albeit partial, which is "easier said than done," one effect of such an increase would be to afford minority students a greater sense of acceptance and possibly an interest group which would be more aware of racial and/or sexist slights. Until that time, however, faculty and students must become more attentive to "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on group stereotype," and openly condemn such statements. Otherwise we will allow bigotry and prejudice to continue. 6 The Opinion December 1, 1987 Gays Are Entitled to Equal Protection by Martin Coleman The National Lawyers Guild seeks, above all, to challenge the legal community to step out of the shackles of its unjust legal traditions. In ourown local ,chapter of the Guild we have not yet fulfilled that goal this year. True, we did coordinate very successful anti-Bork and anticontra letter writing campaigns. The Prisoners Task Force has been renewed and is operating smoothly. In the case of the anti-Bork campaign, however, we were simply working for a successful holding action, affirming just changes fn our nation's laws by keeping an artfully disguised reactionary from a crucial position. The anti-contra campaign gave people a chance to express their public policy preferences but it did little to challenge the legal legitimacy of our government's international interventionism in the minds of our fellow students. The Prisoners Task Force is still a great opportunity to expose UB law students to prison life through the context of teaching prisoners legal skills they can use to help themselves. Surely it starts the cogs turning for those students who take advantage of the program. Perhaps many will come away with a sense of fundamental injustice about our criminal "justice" system. Together, though, the Task Force, Bork and contra campaigns fail to do enough to fulfill the special mission the Guild has in challenging some of the fundamental injustices in our legal traditions. Our local chapter needs a positive goal to focus on, not simply reactive or status actions that maintain gains already achieved. It should be something that affects our local legal community, a community that is unjust, traditional and needs open challenge and re-evaluation. Thinking over the gist of a discussion we had at our last meeting, I think we've found one: recruitment on campus by organizations that discriminate against gay and lesbian students. This particular discussion focused on the Judge Advocates Group (JAG), who hire lawyers for military courts. JAG has been recruiting in our law school with the blessing of the Career Development Office for years, and has come up against scrutiny for their discriminatory hiring practices over the last few years. JAG, as a matter of policy, refuses to hire people who declare themselves to be gay or lesbian. They don't discriminate against rich, poor, blacks, Hispanics, Chinese, Native Americans, women or men, but they do discriminate against gay and lesbian men and women. Why? Their reasoning, I have gathered, stems from the belief that the existence of gay and lesbian people in the military establishment disrupts the morale and efficiency of military personnel, and this allegedly interferes with the primary function of the military: to be an efficient fighting force, prepared to achieve U.S. foreign policy objectives through war. Is this claim really true? To some degree, perhaps. It would be awfully hard to prove it, though, because the military has always had gay men in its fighting ranks, and today has as many gay men and women as it always has. Gay and lesbian people are simply forced to lie about their sexual activities in order to foin the military for the same reasons as everyone else joins the military: need for a job, desire to serve their country, or as a career choice. More likely, the real reasons for the military's policy ban on hiring gay and lesbian men and women is a patriarchal fear ofhomosexuality which is embedded in the psyches of the military hierar- chy. This is nothing new to the armed forces. They once segregated minority soliders and/or refused to allow them to enlist. Up until World War II they refused to allow women to serve in the armed forces as a matter of policy. The same reasoning also applied there: disruption of the morale and efficiency of the fighting troops. We can all see through hindsight how realistic that perception was. We now see why the military has a policy ban on hiring gay and lesbian people. But is this policy legal? Is it just? Well, it is legal for the armed forces and intelligence agencies to discriminate on this basis as a matter of "national security." National security justifications, for the uninitiated, is THE black hole through which our federal continued on page 9 Law School Needs Its Own Space by Peter Ryan Why is it that theso-called UB Law School is overrun with undergraduate students? O'Brian Hall is supposed to house the UB Law School and yet we have the Economics Department on the seventhfloor of O'Brian Hall and during the day the Moot Court doesn't even belong to the law school psychology courses are taught in the Moot Court room in the afternoon. — At a time when the faculty is being asked to double up and share office space and law school organizations are being denied exclusive room and told to share space with other law school organizations, it seems odd that the seventh floor should be taken up by the Economics Department. We at the law school are not given space in other parts of the university. We don't have office space in other campus buildings. We don't have any facilities of our own. We are told that because this is a university the facilities in theso-called law school must be open to all. But what about the varsity gym? They don't have to share their facilities nor do they have to be open to all. Why is it that law students have to share all of their facilities but the varsity teams can have a monopoly on their gym? Maybe we, as law students, don't have much time to exercise after all, law students have no lives outside of law classes but if some of the more adventurous law students want to improve their bodies — — along with their legal minds, then why shouldn'tthey be able to? It seems that things like the gym should be open to all students regardless of their academic persuasion. That is one of the premises of the state university system, isn't it? The administration says that theycan't keep undergraduates and other departments out of O'Brian Hall because the facilities have to be open to all, but then they proceed to lock the law school students and law school organizations out of non-law school facilities. How is this equitable? The administration does not choose to answer this question. Law school students are not really treated as part ofthe overall University Center at Buffalo. We at the law school are said to have a Law Library but do we really? More often than not, when a law student wants to find a place to study (yes, some of us actually do that on occasion), the Law Library is filled with undergraduates who either want a quiet place to study or want to meet a law student for social purposes. The potentiality of becoming a lawyer is very attractive to undergraduates, both male and female, and one finds law school groupies hanging out in theLaw Library waiting fortheir big chance with a law student. This is not conducive to study for law students. There is already a lot of pressure on us to do well and succeed, and it is hard tp do that in the environment created in the study areas. Whether the study space is taken up by undergraduates who want to escape from the rat race of the UGL or by law school groupies, the result is the same. Law students don't have the space nor the peace and quiet needed for meaningful study, if there is such a thing. This is especially problematic around exam time. There is not always enough space in the rooms and some students feel the need to do their exams in the library. How can anyone write a good exam when the library is overcrowded with nonlaw school students? Can it be that there is a double standard in operation here at UB? The law school can be sectioned off from the rest of the campus but the law school can't keep the rest of the campus out. Even the elevators in O'Brian Hall are often so full of undergraduate students that we are forced to walk the stairs. This isn't so bad if one is only going to the library or the mail room on the second floor but going to the fifth floor to pick up assignment sheets can become a bit annoying. All we want is a place to call our own, where we can go to and meet with fellow law students with whom we have something in common. We don't even have a lunch room. There are a few tables set up in the hallway between O'Brian and Lockwood but even there the law school students are usually outnumbered. The closest thing we have come to having as our own is the basement locker room. We only have this locker room in the basement on default. Who would want it? �Res Ipsa Loquitur by Daniel Ibarrondo Santa, Don't Forget the Patio Doors Dear Santa Claus: Now that the Christmas Season is around the comer and this is a time of giving (and hopefully receiving), I would like for you to deliver the following gifts to my friends: 0 Charles Carr: A new set of patio doors. 0 Chuck Ewing: An autographed portrait of Pat Albert. 0 Jeffrey Blum: A contract for the share of royalties by the publishers of "How to Win A Nuclear War." 0 Frank Bybel: A year's subscription to Mad Magazine (save 0 the issues for the upcoming Bar exam). Edwin Price: A neon sign that reads "Lisbon Lounge, Girls, Girls, Girls." 0 Bill Hair: An "H" in Consumer Law. 0 UB Law faculty, staff, administration & students: A real law school building. bound, personalized volume of Life On A Barge. Guyora Binder: The lead role in Francis Ford Coppola's next cinematic extravaganza, In The Belly of the Beast. Class of 1990: A free ride on the "Q" train. Errol Meidinger: An authentically restored 1960's vintage VW hippie microbus. Janet Lingren: A lifetime free admission pass to The Bulldog in Amsterdam, Holland. Class of 1988: One semester's supply of No Doz with a supplementary free eight-week refill coupon. Mike Wroblewski: A real life. Victor Thuronyi: A book-size bust of Mr. Robert Murray Haig and Mr. Henry Simons. 0 Dean Schlegel: A 0 0 0 0 0 0 0 . . . or the Booze [7J David Wood: A cruise to nowhere with a possible stop in Jamaica. [7J Dave Taylor: Unlimited beer and whiskey at "Sweethome Cafe" (to be shared with me on December 18). [7J Genie and Brandy: Your real identities. \7\ John Williams: A leather-bound copy of The Power Broker. [7J Dean Filvaroff: My best of luck. [7J Down By Law Crew: A hit show next semester and a trip to Big Louie for Mardi Gras. [7] Peter Ryan: A summons, notice and complaint in an action ford [7J Krista Hughes: A perpetual freezing rain shower, a night on the town escorted by Dean Filvaroff, the key of the City of Buffalo, and an honorary Editor-in-Chief certificate. [7J Zulma Bodon: A writer who will do reportage and a school calendar that starts in October. [7J Melinda Schneider: Carpeting in the 100, a suit with contrasting piping, and a copy of Vogue with all the latest modes. [7J Idelle Abrams: A week of 48-hour days (use it wisely). [7J The Opinion Staff: More microwave popcorn, edible plastic eggrolls, beer, beer and beer. Thank you very much, Santa, for reading my letter. I would appreciate it very much if you said a prayer for me during my final exams. It's been real and I look forward to seeing you on the 25th. And don't be late again! Sincerely, Dan by Martin Sanchez-Rojas Guild Perspectives A Good Lawyer Must Not Neglect the "Other Education" When in law school most of us sense the obligation to study diligently and faithfully and to leave the world and its realities on the sidelines for at least three years. This is all great. After all, we are here to become good lawyers. Subsequently, when we get out, we can help those who can't help themselves. The legal education we receive here will enable us to reshape the wrongs in our system. But let's not nerect the other education. That c scation being all those happe igs in Latin America, Africa Pine Ridge, Saint Regis, etc. sat we forget about or that we simply don't know about. It is terribly important that we learn about what is happening to our world and its peoples: to learn that there are injustices every day and everywhere. For example, inform yourself as to what is happening in "death squad" democracies like El Salvador, Guatemala and Chile. In these countries electoral counts are often accompanied by civilian body counts. What can you do about this? What should you doabout this? displaced of his or her human quality, the one who barely knows how itfeels to be human. We must help these people in changing the dehumanizing society in which they live. Learn their plight! Don't believe for a second that you are in a capacity to do nothing! Write a letter; boycott something or somebody; join a sit-in. We must be defiant of a system of government that is often wrong and one in which too many people get hurt. There are so many issues that we, as law students, should be able to do something about. For example, do you know that this coming February is the 15th anniversary of the Wounded Knee Let's look at Latin America as a whole. One could say that in Latin America the defiance does not come from the nonbeliever (no creyente), but from the non-person (no persona). That is to say that defiance comes from the one who is not recognized as a person by the existing social order: the poor, the exploited, the one who is systematically and "legally" standoff between Native Americans and U.S. security forces? Do you know what is so important about Wounded Knee? brothers and sisters in Guatemala and Amazonia. But in the United States we call these strategic hamlets "reservations." We are reserving these "indians" so that our future generations can touristically see remnants of the past. So what is it that I'm trying to say? Too many of us have been addicted to ignorance for too long and it'sabout time that we get rid of our blinders. We must understand that people are being killed every day and everywhere legally and ille- gally. In Latin America there is no Many have described it as a desperate and last attempt by Native Americans to do something about the miserable conditions in which they live. They are without doubt the most disenfranchised people in this country, neglected and confined in "strategic hamlets" by the U.S. government, like their constitutionally mandated rule that makes the death sentence legal. In many countries people are arrested, tortured and killed (not necessarily in that order) but no one is legally killed for any committed crime. If the crime is unfavorably seen in the eyes of the ruling powers, then you are made to "disappear." In Chile for the last 14 years people have been killed "illegally," but now people are legally sentenced to death. Many have died so far. These acts by the Chilean dictatorship of Agusto Pinochet are contrary to many treaties it signed with the United Nations and other hemispheric countries. We could do something about it. Outside Room 118, O'Brian Hall, there is a list of names of young people, all university students, several of them law students, who have been sentenced to death for being subversives. You can write a letter to the various places that are indicated there and show your concern for your fellow comrades who are victims of a created nightmare. You never know, if enough letters are written we could help in the ouster of Agusto Pinochet. And if you need more information, contact me or any other Guild member. SBA Briefs by John Williams Williams Responds to Third-Year Directors' Criticisms Originally, I had planned not to respond to the recent attacks on the SBA found in the letter to the editor written by thirdyear directors Andy Bechard and Molly Dwyer. There were also some criticisms levied in the last editorial of The Opinion which I felt should not be overlooked. After serious discussion with the other officers and some directors, and much soul searching, I find it necessary to respond to some of these criticisms. Before responding, I would like to make clear for the last time that the SBA (and myself) have nothing at all against the National Lawyers Guild.We are not trying to hinder needlessly their activities. Unfortunately, they were at the helm of a controversy which we felt the Student Bar Association should examine. The controversy was not about the Guild. It was about us as a unified student body and how our activity fees should be spent. If certain Guild members can't put aside their own personal feelings about what we tried to do for the good of the school, then they are standing in the way of progress. For those first-year students who feel that we blundered for having a party while the firstyear classes were not in session, there is nothing that we can do about it now. In the future we will have to plan better. People must keep in mind that when planning a party there are many factors to take into consideration. You have to have enough foresight to know how many people are going home for the Jewish holidays, when the Moot Court briefs are due, whether other clubs are planning parties, and whether the first-years, or any other class, are not going to be in school that week. We must also keep in mind that other events will use SBA funds and the majority of the law school population will not be able to attend, such as orientation and commencement. Do the authorsof the letter suggest that we not fund these events? I would think not. It really frustrates me when law students publicize their opinions without having all the facts. Every year the committees are interviewed and selected at approximately the same time. It is done in this manner because the directors come in to office at the end of September. Then we advertise the committees for two weeks in The Opinion. After advertising we have sign-ups for a week. We also have to figure in the first-year break. It's not too hard to figure out why the process lasts until the end of October or the beginning of November. For the authors to infer that the committees were without student representation for the last two months is a disservice to the SBA. The committees that have met have had interim student representation. I challenge the authors to come up with a fair, rational way to do the committees. Regarding Club Night, there is no constitutional mandate that specifies when a club night should take place. When we did try to arrange a club night only one club responded. Since these two directors who wrote the letter know the meaning of precedent, I would greatly encourage them to discuss with the SBA whether club night should be placed in the constitution in reference to date. As for the editorial, the SBA has never been in charge of forming the Commencement Committee. The editorial has a good point — graduation should be in the hands of the students, not the administration. Also, if anyone in this school wants a yearbook, they have to show us. In the past, approximately four students would try to run the yearbook. This is almost impossible. Those who care should let us know. In the future I wish that the concerned directors who wrote the letter voice their concerns on the floor of the SBA, and articulate their opposition at the meetings. December 1, 1987 The Opinion 7 �The Right View by James McClusky Federalists Question Bar's Licensing Requirements In our quest to enterthe legal we endure three years of law school, agonize over a two-day bar exam (hopefully only once) and pull strings to make sure our records are clean enough to pass muster with the ethics board. profession According to the New York Bar Examiners, the July 1987 passing rate has dropped to 65 percent, continuing a trend which has seen the pass rate drop 5 percent since the class of 1988 began law school. Thirty-five percent of those wishing to enter the New York State legal profession this year have just had their dreams quashed, at least temporarily. We endure this process because the ruling state organizations say we must if we wish to practice law in New York State. Proponents claim these licensing requirements are imposed to ensure competency and quality amongst the state's attorneys. They claim it is protecting the consumer. LiKe hundreds of other licensed occupations across the United States, this protection is in the form of a board made up of experts. More often than not these experts are current members of the profession; therefore, the boards have a vested interest in any outcome. The board becomes a legal cartel able to maintain high profits for its members by setting restrictive qualificationsfor entrance into their profession. As with any restrictions placed on free trade, it induces scar- New Internship Program Planned by Andrew Culbertson Although still in the develop- mental stage, the law school is implementing a program that will providea numberof university-funded, public service internships. The architect behind this project is incoming Dean David Filvaroff, who has a strong commitment to public service. According to Professor George Kannar, chairman of the committee that is handling the project, the program "is not simply a summer jobforyouth program." The purpose of the program is two-fold. First, it is a reflection of the strong public service commitment that the law school has traditionally maintained. Second, in the words of Kannar, "It's a means of penetrating the public service job market, and giving Buffalo more of an institutional identity within the public service sectors of employment." The internships themselves will be open to second-year students. Students will be placed in offices at the local, state and federal government levels, as well as "nationally recognized organizations engaged in public interest law." The placements will most likely be in Albany, New York City and Washington, D.C. Unlike traditional public service internships; it is expected that the compensation will be competitive with what the private sector pays. More information concerning the placements and the applications process will be available in the next few weeks. 8 The Opinion city. This constraint on free enterprise is an affront to a free economy. The one who foots the bill is the consumer, who is forced to pay higher legal fees. Therefore, licensing requirements should be looked at closely before we accept them as necessary. Restrictions should be maintained only when they are clearly mandated and bear a strong correlation to the goals they are attempting to accomplish. As attorneys they must also ask if they are following their own ethics of avoiding all indications of impropriety when they establish the rules their competitors must follow in order to enter the field of law. The intentions behind these and similar licensing requirements are commendable, but the true implications must be considered. Do three years of law school prepare you for the practice of law any more than two years would? Were attorneys who practiced without formal law schools worse than present-day attorneys? Are those who just passed the bar more capable of practicing law than those who failed? Or are these restrictions a method to forestall prospective attorneys from entering the field of law? The consumer is not left unprotected without these restrictions. For a lawyer to succeed he needs a good reputation and satisfied customers. This information will get out regardless of the presence of a licensing board. wholly A board's function may be more appropriate if it concentrated on attorneys who have proven themselves incompetent or unfit to practice rather than trying to predict who would be qualified to practice law. Further, incompetent attorneys face the possibility of malpractice suits. Our field is not the only profession which must ask whether the licensing requirements are actually working to protect the consumer. Auctioneers, barbers, beauticians, manicurists and real estate agents are because of inadequate funding from primary resources. Reforms are needed in this area. While financial aid administration represents an area in need of reform, the concept of loan assistance for public interest law students represents a real opportunity for this law school to distinguish itself as a leader. UB not only attracts students interested in public interest law but boasts an impressive placement rate for graduates in public interest legal positions. Yet, unlike other national law schools, UB offers no loan assistance to graduates who choose low-paid, law-related public interest and government employment. The development of a loan assistance program would greatly increase ÜB's attractiveness to students committed to pursuing public interest law careers. Moreover, UB would affirm its national standing (and gain national attention) by becoming the first public law school to provide loan assistance to its graduates who practice law in the public service. The quality of the law school'sfinancial aid programs reflects on its image. This law school attracts quality students who could have gone to some of the more distinguished law schools in the country but came to UB because it is affordable. For the indigent student with law school choices, a strong financial aid package (properly administered, of course) could make the choice to come to Buffalo an easy one. It is conceivable that quality students may bypass this law school in the future because of the weaknesses in the financial aid programs. CHILD CARE Maria Doti As a progressive law school, we must support the access of non-traditional law students to a legal education. Adequate child care is a university-wide problem and must be addressed by the various schools working together. Good and inexpensive child care could also be a draw to prospective faculty, staff and students. I Availability of Program 1. Lack of a full-day child care center on the Amherst campus; too few places on Main Street campus. 2. Need to extend day care hours into early evenings to assist those who attend night classes. 3. Lack of cash subsidies to assist needy students to pay for on-site day care. Subsidies could be included in financial aid package or direct funding from student activity fees. Subcommittee I END-OF-THE-SEMESTER ( <3f 11. Flexibility of Law School Program to Suit Parents with Young Children 1. Make schedule of classes, especially for first-year students, available early on so students can make adequate child care provisions. 2. Administration and faculty must be more sensitive to the special needs of parents with young children and give adequate notice of changes in class schedules and make-up classes. 3. More flexibility in exam schedules to allow parto move exams which conflict with child care arrangements when an adequate substitute for child care is not available. MISCELLANEOUS Jim McClusky The Miscellaneous Subcommittee is in charge of the suggestions which by themselves do not need full-scale reports. We will attempt to handle any aspect that students feel would make life here at the law school more enjoyable, no matter how small the matter may seem. With a change in the administration it is the time to correct the little annoyances which have plagued our years here. Suggestions we are currently ents continued onpage 11 1/ 3 at the ) P'NE LODGE $ A I <§i)- y\j 3480 Millereport — $3.50 COVER CHARGE —ly '§ X |S. otIfREE WINGS December 1, 1987 from page 2 V? AR T V A TuesdaV' / *k December Ist 9:00 p.m. •i§> . sba $ r\ j& \/ . a small selection of the more than 100 professions which require some form of licensing. Many of these can claim less of a need for such requirements than lawyers can. \ \ cr FREE (A VJ& ) §^ cr DRINK SPECIALS �"New Spirit" Within BPILP Prompts Increased Activity by Michael Kulla and Karen Comstock There is a new energy within the Buffalo Public Interest Law Program this year. Our membership has risen to new levels of active involvement, particularly among first-year students. It is reassuring to know that there is a continued commitment by UB Law students to public interest/public service issues and employment. This commitment, in turn, reinforces the fact that UB Law School has a strong public interest orientation. We have many ambitious projects planned forthis year; new members are always welcome and appreciated. So far this semester, our focus has been on fund-raising. We were at the forefront of the UB Law social scene with our two happy hours at Broadway Joe's. A good time was had by all. We were at the forefront of the UB Law fashion scene with our exotic UB Law T-shirts. For those of you who were unable to buy one before the supply ran out, we will take special orders. Based on the level of response, we will order more of these wonderful T-shirts to fill the demand. Be on the lookout for our redesigned T-shirts in the spring. The proceeds from these fund-raising efforts go towards funding public interest internships in Western New York. The news of proposed university-funded public interest internships excites BPILP; as of i yet we have been unable to speak with our new Dean to let the student body know more about it, so in the meantime we will continue our fund-raising activities to insure as many internships as possible are available. Along with fund-raising, our other main purpose is to inform the students about the availability, viability and desirability of public interest/public service careers. To that end, on Thursday, November 12 we sponsored two speakers: Chief Assistant DA for Erie County Chris Belling and ChiefAssistant Public Defender Dan Berry, speaking on the topic, "Does the Legal System Really Work?" Future planned events include a job-sharing workshop, where second and third year students who held jobs in the public interest sector can relate their experiences to similarlyinterested students. We are lay- Money ProblemsPush Out Josephson BRC by Alexander Stille Only six weeks after purchasing the nation's second-largest bar review course, legal publisher Steven L Emanuel announced he was closing down Emanuel Bar Review Inc., previously known as the Josephson/ Kluwer BRC (Bar Review Course). One out of five of the nation's 45,000 graduating law students from New York to California many of whom had given the company $50 deposits will have to find anotherbar review course to take this summer. "I am terribly distressed to have to announce to you that we have no choice but to discontinue our BAR Review operations as of today," Mr. Emanuel wrote to thousands of prospective students in a letter dated Oct. 1. Mr. Emanuel's decision stun-, ned other businesses in the competitive, but highly lucrative, field. "They were still by far and away the second-largest company in the field," said Stanley D. Chess, director of BAR-BRI, the nation's largest bar review company. "I know a lot of people who would have paid substantial dollars for it." The company, however, had undergone turmoil recently, changing hands twice in the last two years. Founded in 1969 by Michael S. Josephson, a law professor at Loyola Law School in Los Angeles, Josephson's BRC became Josephson-Kluwer when the Dutch publisher now known as Wolters-Kluwer purchased it in September 1985. Mr. Emanuel's company, Emanuel Outlines Inc. ofLarchmont, NY, bought the course in mid-August of this year. "I am more surprised than anyone," said Professor Josephson, who continued as — — MANIA a lecturer and consultant to the company. "When I sold it for substantially over $1 million, it was a marvelous, profitable business. Why he couldn't make it work is totally beyond me." The company's financial difficulties began under its Dutch parent corporation. Professor Josephson said. "Kluwer made many changes that were very costly." But when Mr. Emanuel purchased thecompany for considerably less than Wolters-Kluwer had paid, it appeared he had gotten a bargain. While the Kluwer-Josephson course was losing money in Massachusetts and other states where its enrollment was small, it remained a solidAvis to BARBRI's Hertz with highly successful courses in such major states as California and Michigan. "They had an excellent base on which to build a very successful business," said Mr. Chess. «• On Aug. 24, Mr. Emanuel sent out an ecstatic letter to students stating his purchase of the company was "the fulfillment of a I've long-held dream for me always regarded the Josephson BRC course as the Rolls Royce of the industry." Mr. Emanuel did not return phone calls last week, and his Oct. 1 letter said simply: "Our six weeks of intensive effort have not produced the necessary results, therefore we had no choice but [to] cease operations." .. "He must have miscalculated," Professor Josephson said. "You need close to $100,000 a month to run the business." The smaller, winter bar review courses, mostly serving students who failed the summer bar exam, are general- ly not profitable and Mr. Emanuel's company may not have had the capital to keep going Professor until summer. Josephson added. He said he did not learn of the company's closing until after the fact, adding: "If I had known, I would have seriously considered buying it back." Also unclear is what, if any, Mr. Emarniel's future obligationswould betothethousands of students who signed up for his courses. Many had received substantial discounts by giving a $50 early deposit for the 1988 bar review course. Student representatives had earned free courses and cash incentives by signing up other students. "We are attempting to make arrangements with other bar review courses whereby they i may offer some kind of discount or credit for deposit," Mr. Emanuel's Oct. 1 letter explained. "We intend to honor most deposits," said Mr. Chess. BARBRI also will give free courses and incentives to Emanuel student representatives bringing substantial numbers of students with them. But the BARBRI incentives may not always be what students expected to earn from the Emanuel company, he said. "Some people may get hurt." The one certain effect of the decision is a major windfall for the company's competitors especially BAR-BRI, which operates in all the same markets as the Emanuel Bar Review. "We have already gotten hundreds of calls from students," said Mr. Chess. "We expect we will get 90 percent of them." — (Copyright 1987, The National Law Journal, reprinted with permission.) ing the groundwork for a conference to be held in the spring whose topic will be the crisis in funding levels for legal services in Erie County, as reported in the Buffalo News in a front page story on October 15. BPILP is expressing a definite interest in undertaking a campaign to institute a loan forgiveness program at UB Law School. Briefly stated, loan forgiveness programs are designed to help alleviate the debt burden of those law students who are committed to work in public in- terest jobs, whose salaries have traditionally been much lower than legal jobs in the private sector. There is a core group of BPILP members currently researching thefeasibility of such a program, which has already been instituted at 13 other law schools. Things are happening at BPILP. We are always interested in new ideas, and we invite a 11 students to feel free to attend our next meeting. Look for notices posted around the law school. Guild from page 6 government allows wholetruckloads of constitutionally guaranteed rights to become timewarped. The merits of this aside, is it just for our own school to condone such blatant and (if the existence of gay and lesbian people in the military in the past and at present is any indication) unfounded discrimination? All the members of the Guild are agreed on this point: that it is certainly unjust to condone soliciting JAG as a respected employer of UB law graduates while they discriminate against our fellow students who are gay or lesbian, and who may want to interview with them. We are divided on where to go from here, though. Some members feel that banning JAG from interviewing through the CDO would be more detrimental to the school and to UB law students who want to interview with JAG. They also cite the heat the Guild may take in calling for a ban on JAG as a factor to be considered. Should we risk alienating a large sector of students when we are trying to build a strong UB Guild Chapter? Others say that calling for a ban on JAG is very consistent with Guild philosophy. We shouldn't be afraid to take unpopular stands simply because people may view us as extremists. They also state that if JAG discriminated against other minorities, we would be out there in a minute calling for their removal from CDO's recruitment schedule. As of the close of the meeting we did not come up with a unified course of action on this issue. However, we did decide to bring this issue to the rest of the UB law community. We want your opinions on this issue. Should gay and lesbian men and women have the same protections of law that other minority-groups have? If so, should our campus recruitment practices reflect our conclusions? Waiting to hear from you, Martin Coleman for the National Lawyers Guild County Bar to Hold Seminar On Friday, December 4 the Erie County Bar Association will sponsor a seminar entitled "Criminal Law: Current Developments," to be held at theBuffalo Convention Center. The need to keep current with statutory and case law developments in the criminal law is recognized by every practicing attorney. However, the ability to achieve this is frequently daunting. This seminar presents for the practitioner a panel of attorneys who monitor these developments closely as they occur and who will discuss the important cases and statutes affecting the criminal law over the past year. \v Seventh Avenue, Suite 62 New York, New York 10001 415 (212) $94-3696 (201) 62J-JJ6J | Each person attending this seminar will receive a digest of recent cases and statutory changes topically organized as a convenient reference tool. Attendance at this program will be credited for the CLE requirements of the Assigned Counsel Program. With attendance at this seminar, and use of the digest of current developments, the practitioner will have the benefit of hundreds of hours of research by the experienced criminal lawyers in this program. Registration fee is reduced for students. Contact Cheryl Robinson at 852-8687 for details. \O\ \ \ r> J f> V -J L_r~^-3=»-^ LEGAL Mileli Pal December 1, 1987 The Opinion 9 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE -I INTENSIVE -I- QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. NARRATIVE 2 TEXTS: The law explained for you need to know for your bar exam is you —not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation 3 teen jurisdictions is available at for the bar exams of nineover 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. Seeyour Campus Rep,or call: m«T»M urn. I I ****** [L (IK/\PLAN-SMH BUFFALO AREA V I BAR REVIEW SERVICES Stanley H. Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. Edt Kaplan (800)223-1782 (800)343-9188 Tonawanda, New York 14150 (716)837-8022 €>1987 Kaplan-SMH 10 David Fretz Michael Lamica Bill Hair Leslie Gleisner Greg Maxwell Peter Ryan Krista Hughes Deborah Morel Lisa Sizeland The Opinion December 1, 1987 Mary Clare Kane Marjorie Klein �Moot Court Board Announces Winners, New Members 1987 Desmond Moot Court Competition Awards Best Oralist 2nd Best Oralist 3rd Best Oralist 4th Best Oralist sth Best Oralist Best Brief 2nd Best Brief 3rd Best Brief Bill Magavern Karen Surber Benjamin Bruce Alexei Schacht Sara Nichols Peter Strong/Joseph Rizzo Ken Yood/Pattilynn Babajane David Fretz/John Farrel Kelly Brinkworth/Gerald Murphy William Falcone/MaryJo Raczka Troy Kelley/Alexei Schacht Troy Kelley/Alexei Schacht Karen Surber/Lisa Valvo Timothy Greenan/Joseph Goergen David Fretz/John Farrel Ken Yood/Pattilynn Babajane Joseph Rizzo/Peter Strong Judee Smolarek/Benjamin Bruce Sara Nichols/Bill Magavern 4th Best Brief sth Best Brief Quarterfinalists Semifinalists Finalists Winners ... Winners — Sara Nichols and Bill Magavern The following people have been offered membership on the 1987-88 Moot Court Board: Honorary Offers of Membership John Farrell Bill Magavern Dave Fretz Sarah Nichols Associate Offers of Membership Pattilynn Babajane Katie Baumgarten Robert Boreanaz Lauren Breen Ben Bruce Jed Carrol Siulan Chan Richard Cohen Finalists — Benjamin Bruce and Judee Smolarek Form No. 1776 Barry Covert Elizabeth Deutsch Sarah Faherty Susan Feitoza Joseph Frazier Suzanne Garvey Joseph Goergen Timothy Greenan Shawn Griffin Sara Horowitz Ken Peshkin MaryJo Raczka Joseph Rizzo Salvator Sanfilippo Alexei Schacht Thomas Smith . ■■ Judee Smolarek Peter Strong Karen Surber Lisa Valvo Adam Voudraska Paul Weiss Jason Wohlford Ken Yood Barry O'Melinn Subcommittee from page 8 looking into include: Improving communications between the students and clubs, between students and administrators/professors and between the administration and prospective students; improving contacts with alumni; and looking into the independent organizations of the law school. This committee's scope is limited only by what the students suggest so we encourage anyone hoping to see any changes made at thelaw school to put their suggestions in. * position * * paper is to The final be written by YOU. Its drafting has been postponed until early next semester in order to insure this project receives the attention it deserves. The student(s) cited after each issue heading has assumed responsibility to oversee the development of that segment of the position paper. They anxiously await your input. Watch the SBA bulletin board forfurther developments and present your suggestions. The Subcommittee for Developing Student Ideas for the Dean DEMORALIZED BY UVINS IN WE SHADOW OF SHELDON'S GREATNESS, ROSER. DeCIOES TO STUDY ZENriH FRDN\ A TO Z... Learn the full secret to Sheldon's Computer Nerd success from your Zenith Data Systems Campus Contact! It's only natural that Sheldon's success overshadows everyone else. After all, this Computer Nerd is the campus expert on Zenith Data Systems! From desktops to laptops... advanced PCs to 1 I liif-jjTuit! g| \m (LJpitJi quality monitors... you've got itmade in the shade with Zenith Data Systems. Especially at these great student prices! Now, Computer Nerd success can be yours. Just ask your nearby ZenithData Systems Campus Contact about these special offers. All selected by Sheldon himself! Here Are Sheldon's Specials! Product Name: Special Student Price: mli£j~\- *p Z-148 Z-159 z-181 Z-183 t>yy.uu 799.00 949.00 1,399.00 1,999.00 p Suggested Retail Price: <p yyy.uu £ S 1,299.00 1,599.00 2,399.00 3,499.00 i| |\/| • • PROFESSIONAL TYPESETTING OFFSET PRINTING •• COMPETITIVE FAST SERVICE PRICING • E S« MANY DIFFERENT TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING Visit your nearby Zenith Data Systems Campus Contact today: m _M% m Q3W CVCtpmC 9y3tC:ill9 SPECIALISTS! Heath/Zenith Computers & Electronics 3476 Sheridan Avenue Amherst, NY 14226 716/835-3090 fOI CALL US OR VISIT US FOR A QUOTATION TODAY! JL \^yW^J f * i'"'^ THE QUALITY GOES IN BEFORE THE NAME GOES ON" Askabout how you can qualify for easy monthly payments with a Zenith Data Systems Credit Card! Special pricingoffer good only on purchases through Zenith Contacl(s) listed above by students,faculty and staff (or theirown use. No other discounts apply. Limit one personal computer and one monitor per individual in any 12-month period. Prices subject to change without notice. 1987. Zenith Data Systems 3171 Main Street I LalKO EAKir? Aunll (Main S. of Winspear) 3uHal ° NV e35-0100 '676 Nia. Falls Blvd. Across from K-Uart) Tonawanda, NY 834-7046 111111111111111111111111111111111111111111111l December 1, 1987 The Opinion 11 �Attention! CLASS OF 1988 Last chance for a Fall Semester Discount Save $100 off the 1988 course price when you register for BAR/BRl's New York, New Jersey or any New England State Bar Review Course. STATE 1988 REGULAR TUITION NEW JERSEY $975 $750 MASS., CONN., VT., MAINE, N.H. $850 NEW YORK YOU PAY DISCOUNT ONLY , $650 . $ 1 00 $50 REGISTRATION FEE RESERVES THE DISCOUNT PRICE. (bffibn BAR REVIEW 415 SEVENTH AVENUE SUITE 62 NEW YORK, NEW YORK 10001 (212) 594-3696 (201) 623-3363 (516) 542-1030 (914) 684-0807 160 COMMONWEALTH AVENUE BOSTON, MASSACHUSETTS 02116 (617) 437-1171 12 The Opinion December 1, 1987 $875 $750 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1987-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1987 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/88e54fcd2d275cfc3ca1c636034c1b09.pdf b7afae7dc7c51fda89796df92ef00e67 PDF Text Text Professors Take On Important Battered Wife Case by Alexei Schacht On September 17, 1986 Caroline and Albert Decker had yet another vociferous argument after Albert, once again, accused her of marital infidelity. Only this time Caroline could no longer take Albert's harsh language and threats of physical abuse. Caroline Decker shot and killed Albert Decker. They had been married all of seven months. However, on Saturday, January 16, 1988 a Fulton County jury acquitted Caroline Decker of all charges. Her defense was that she was a "battered wife." The significance of the case may be that Caroline Decker was never actually physically "abused" by her husband. Both Ms. Decker's lawyer, Mark Mahoney, and the star expert witness for the defense, Charles Ewing, are Law School faculty members. Surprisingly, both men came to the case independently of each other. In fact, the two men had never even met before they became involved in the Decker case. Some time in July, 1987 Ewing received a telephone call from the Director of the New York State Coalition on Domestic Violence (CODV). Evidently there was a woman, Mrs. Decker, who was being told by her public defender to plead guilty to second degree murder even though she herself felt that she was a battered woman and wanted to know about the possibility of going to trial with that defense. The Director of the CODV asked Ewing to counsel Decker. After conferring with Decker, Ewing concluded that she did suffer from a form of "posttraumatic stress syndrome" popularly known as "battered wife syndrome." According to Ewing, author of a book entitled Battered Women Who Kill, a woman may suffer from this syndrome if she has been a victim of physical and/or psychological abuse by her husband, and possibly other men, which leads her to eventually lash out after being able to contain herself no longer. Ewing convinced Decker's first attorney that she did, in fact, have a defense and subsequently new counsel was obtained. Enter Mark Mahoney. His job would be to bring out the sad facts of Caroline Decker's life in a way that she, not her husband, would be seen as the victim. While Albert Decker, a retired sheet metal worker, never beat his wife, he repeatedly told her that they were not married, threatened to kill her, handcuffed her while she was sleeping, refused to allow her to have a phone, to receive mail, to have friends over to the house or even to tell anyone that they were married. One factor which contributed to Caroline Decker's fear of her husband was the fact that he kept at least seven loaded guns, including automatic weapons, around the house. Another cause of Caroline Decker's condition, according to Ewing, was that she had been previously abused by other men in her life. The elements of Ms. Decker's life allowed Ewing to conclude that she was "a battered woman waiting to kill." Moreover, the fact that she could not even remember pulling the trigger, according to Ewing, was yet another element "consistent with post-traumatic stress syndrome." Nonetheless, Caroline Decker was not physically abused by her husband. This may be the first time that such a woman has successfully invoked the "battered wife defense." As such, her acquittal may have serious repercussions both within the legal community and within society at large. Ewing believes that Decker was rightfully acquitted. He said that since the jury had such a "smorgasbord" of choices (the judge told the jury that they could convict Decker of second degree murder, first or second degree manslaughter, or criminally negligent homicide") had the jury wanted to convict, the jury too obviously believed that Decker was a battered woman whose actions were justified. Should this defense fail to work in the future, under similar sets of facts, it may be because of Caroline Decker's somewhat anomalous nature. While almost all of the 100 women discussed in Ewing's book were not mentally ill, Ms. Decker seems to suffer from some mental disorder. It is unclear what effect that fact had upon the jury. While Professor Ewing said that he did not want to be a defense lawyer himself, he does "want juries to have all the facts." Ewing will be an expert witness at another "battered wife" murder trial in March in New Hampshire. THE OPINION Volume 28, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 3, 1988 Public Interest Internships Discussed at Open Meeting by Michael Kulla Approximately 40 students attended the open meeting held in room 106 on Monday, January 25 to discuss the Universityfunded summer internships in public interest law. Dean David Filvaroff, along with faculty members George Kannar, Frank Munger, and Rob Steinfeld, have been working on implementing these new internships, and they called this meeting to obtain students' ideas and views on their plans. After a brief introduction by Professor Kannar, Dean Filvaroff explained why he wanted to institute the internships. One of the major reasons for doing so is to enhance our school's image as one committed to public interest law. One way of achieving this end is to place several students in high-prestige, high-visibility summer positions in such cities as Albany and Washington, DC. In the future, Filvaroff hopes the agencies who will receive interns will eventually wish to sponsor other students in summer jobs the agencies themselves will fund. Though no definite number of placements has been set, approximately 5-6 students will be awarded these internships; the stipend per student is likely to be about $4,000-$5,000. Filvaroff feels strongly about remunerating interns highly for their work. He wants salaries "above sacrificial levels" because "students deserve it," and the law school should "put its money where its mouth it," vis-a-vis encouraging students to work in public interest law. Professor Kannar announced two of the placements; the others are being confirmed at present. One intern will be placed at the Women's Rights Project of the ACLU in Washington, and one will be placed at the Washington Legislative Office of the Mexican-American Legal Education Fund. Filvaroff is willing to receive student input on the internships, and invited questions for himself and the faculty committee, which includes Kannar, Munger, Steinfeld, and Ken Joyce, who was unable to attend. Students will also be included in the committee in at least an advisory role to the fac- ulty. One student asked if firstyears could apply. The response was thatthese positions were geared more towards second-years, but first-years will be considered. Among those in the audience, more first-years than second-years attended. Another student asked if the committee will consider funding a position which a student has already lined up, but for which funding is a problem. Kannar suggests such proposals be written up in an "informal note" and submitted to him. Several students were concerned with the idea that the internships equate prestige with money. Perhaps more people could be funded at a lower stipend. Filvaroff is sensitive to Say, Whaddya Think of "Dave's Dribblers?" by Daniel T. Lukasik cast live on ESPN last week, Villegas conferred on Corporate Basketball fever is once again in the air. It has been almost one year since UB Law's valiant hoopsters "Wade's Warriors" invaded the Western New England School of Law's Annual Basketball Invitational. Under the tutelage and spiritual guidance of "Colonel Black Jack" George Villegas, the Warriors finished a respectable third place last year in a field of 20 competitive teams. Unfortunately, the "Colonel" will be unable to sound the trumpet and lead the charge this time due to a pressing legal obligation to try a double homicide in the Bronx. However, in a ceremony tele- Vice President Brian Bornstein the title of coach, basketball guru and director of "manage- — — ment" (a key principle involved in every winning endeavor). In an exclusive interview at his posh Buffalo condo, Bornstein predicted that the team will have a "very successful" campaign and will "dominate" play at both ends. In addition, he announced (with due respect to former Dean Wade Newhouse) that the team would be renamed "Dave's Demons" to honor UB Law's new dean, David Filvaroff. The invitational will begin Friday, February 26 and will conclude with the finals on Sunday to be held at Western New England's gymnasium in Springfield, Massachusetts, home of the Basketball Hall of Fame. It is the team's sincere hope that the law school community will come out and show their enthusiastic support for Dave's Demons at fund-raising events and pep rallies. these arguments, but does not feel that that is what the high pay is doing. He believes the money is "symbolic" to the important jobs the students will have. Additionally, the money will also be necessary to live reasonably well in such cities as Washington and New York. The requirementsforapplication were also discussed by the group. What a student must submit is a resume, transcript (unofficial or official), and a personal statement briefly explaining the reasons for applying for the internship. To allay students' concerns, Filvaroff explained that no one criteria will be given tremendous weight over others. The committee will look at the applicant as a "whole person" rather than someone with strong or poor grades, for example. Students are encouraged to apply for these positions. The deadline is Tuesday, February 16. inside 5 ELS Tour Res Ipsa 7 Loquitur Guild Perspectives ... 7 "Off the Court" 10 �What the "H" Is The Point ofUB Law School Grades by John J. Bonazzi The grading system here needs to be trashed. Actually, the grading system everywhere needs to be trashed. A subject of great concern to all students, grades get far more attention than they deserve. .Students talk of them as if they were gods of some sort, as if they even remotely reflected one's actual accomplishment in the classroom. Of course, they don't. We will soon be given the opportunity to participate in a student referendum to determine whether to retain the present grading system. It seems that an ambitious newcomer has decided he'd rather be a part of a traditional, competitive ratrace law school program. He wants to scrap H's and Q's and replace them with that nauseating A-B-C-D-F system. I think he should pack his bags and leave the rest of us alone. Actually, he has a point. H's and Q's are obsolete and should be replaced, but not with just another grading system. We need to use this vote to get rid of grades once and for all at ÜB. A Pass/Fail system that emphasizes true accomplishment and lessens competition should be instituted. We have known for some time now, thanks to psychologists who have researched the psychological dynamics of tests and test-taking, that the factor most highly correlated with success in test-taking is not knowledge of the subject matter being tested, but ability to take a test. What this means is that good grades reflect one's ability to organize, studying and time management skills, ability to work under pressure, and skill at test-taking much more so than knowledge of the test subject matter, presumably the reason exams are given in the first place. So, you attend all the classes in the course you enrolled in at least ostensibly due to interest in the subject, read hundreds of pages of less-than-stimulating legal-babble, participate in hours of discussions concerning the subject matter, and then you take an exam. And there are still some who say that the latter should be given infinitely more weight than the three formers. When you walk into an exam, the learning is over and the regurgitation has begun. What you have learned prior to that point is what counts. Yet that is precisely what does not count. What counts is three or four hours of high anxiety and the requirement that a student spit back concepts in a format and under conditions which just don't exist in the real world for the most part. In a typical legal setting, the emphasis is on quality; in law school exams, it's quantity. Legal memos are thorough, have crisp, penetrating analyses, and are usually prepared in a setting conducive to producing such a high-quality product. But not law school exams. Here, professors insist not on thoroughness, but instead that you answer all the questions in a short period of time. Because the student's entire grade rests on this one paper, there is a level of anxiety which doesn't exist in most legal assignments. It's simply astonishing that everyone takes this exam/ grades business so seriously. Give me a break. Getting a "D" may mean only that someone had a bad day. Or the flu. Or a headache. Or the course was a headache. Or the professor was a headache. Or that particular test threw him or her. Or that particular test was written poorly. Or the student didn't do the work and deserved the D. How does one know for sure? And getting an "H" may mean that the student did the work and studied hard. Or did most of the work and studied no harderthan anyone else, but "lucked out" on the exam. Or can take a test but understands the concepts as well as Repub- Means understand compassion and helping the poor. Let's face it we all know people who get H's but really don't deserve them, just as others get Q's or D's and don't deserve them, either. I know a couple of people with mostly H's who I would not want representing me before the City Dogcatcher, never mind before a Judge. They're not brilliant, but they sure can take a test. The problems manifestthemselves when a student goes on a job interview and is asked to account for a less-than-rousing transcript, especially if the interview is outside of Buffalo. Taking tests simply is not related to being an attorney; dealing with people and solving problems are. But try and tell an interviewer that. Let's face it. Grades just aren't a reliable and certainly not a foolproof—indicator of potential or accomplishment. It is time that UB switch to the only grading system that makes sense, a Pass/Fail system. Such a system would place the emphasis where it belongs: on expending energy in learning material, instead of preparing for exams. Any real distinctions in individual effort and achievement could be addressed through written evaluations, which would be placed in the student's file. This is the system used by — — School, Northeastern Law among others. At that school, there are no grades, no class rankings, and no Law Review. Yet, their students compete successfully quite successfully—in one of the nation's toughest markets, where Harvard, Boston College, Boston University, and Suffolk Law School graduates are all seeking those same positions. It works there, and can work here too. And in place of exams, let's use real-world simulations or intensive analyses of an issue or issues to determine the quality of our work. What is so wrong with judging a student in the exact same manner s/he will be judged when s/he becomes a real attorney? There are, unfortunately, some students who want a return to the A-B-C-D-F system, so that UB grads can compete with students from other traditional, competitive schools. That simply is a step in the wrong direction. If your insecurity leads you to support such a disturbing proposal, please leave this school and go to one where competition is encouraged, not discouraged. For the rest of us, let's join the movement to put an end to grades the single greatest obstacle to a quality education since the A& R registration process. — — Chicago Is The Site Of International Law Career Day by J.L. Krieger Student interest, along with a growing number of career opportunities in the field of international law, prompted the Dean's Office to provide financial support for student representation at the International Law Careers Day hosted by NT Chicago-Kent International Law Society in Chicago on Friday, October 30, 1987. Approximately 265 law students and professionals attended the conference. Among the law schools represented were Western State, Emory, DePaul, University of Illinois, John Marshall, Loyola (Chicago), Northern Illinois, Northwestern, Indiana, Notre Dame, Valparaiso, lowa State, University of lowa, University of Kentucky, Detroit College of Law, University of Detroit, Thomas M. Cooley, Wayne State, St..Louis, Washington Capital, Case Western Reserve, University of Cincinnati, Ohio State, University of Toledo, Marquette and Washington. Jia Zhao, Special Counsel to Baker & McKenzie and the first lawyer from the People's Republic of China to be admitted to the bar in the United States (Illinois, 1985), began the conference with a keynote address entitled "Breaching theChinese Wall: Increasing Mutual Understanding Between the Legal Communities of the U.S. and China." In her address, Ms. Zhao explained that Americans and Chinese can achieve more harmonious relationships between their legal communities by understanding and respecting the philosophic, historic, and cultural differences which exist between them. A panel presentation highlighting various career specializations in international law 2 then followed. Panelist speakers included Spencer Waller, currently with Freeborn & Peters and former trial attorney with the U.S. Department of Justice (Internatinal Antitrust); Reed Kathrein, an attorney with Arnstein, Gluck, Lehr, Barron & Milligan (Private International Law Practice); Lawrence Pilon, an attorney with Hodes & Pilon (Customs and International Trade); corporate attorney Kelly Brest van Kempen of Motorola, Inc. (International Corporate Practice); and Professor Anthony D'Amato of Northwestern University (Public International Law). In the afternoon each conference attendee visited two organizationsto learn more of the career paths and the day-to-day activities of international attorneys within a particular organization. Organizations participating in the afternoon seminar discussions included Abbott Laboratories; Amnesty International; Amoco Corporation; Arthur Andersen & Co.; Baker & McKenzie; Barnes, Richardson & Colburn; Chicago Mercantile Exchange; First National Bank of Chicago; Kirkland & Ellis; Lord Bissell & Brock; Masuda, Funai, Eifert & Mitchell; McDermott, Will & Emery; Sidley & Austin; U.S. Department of Commerce; U.S. Customs Service; and U.S. Immigration and Naturalization Services. A reception hosted by Sidley & Austin, a Chicago law firm, concluded the day's events. The field of international law seems to be a prime area of interest of entering law students around the country. At the same time, career prospects in the field of international law are optimistic. According to the Dean of Career Development at NT The Opinion February 3, 1988 Chicago-Kent School of Law, there has been a considerable expansion of employment opportunities over the past five years among large, mid-size and even smaller (boutique) firms as they expand their international commercial practices and set up offices overseas. Despite this promising outlook, however, many law students experience confusion and uncertainty over possible career options and employment opportunities within the field of international law. The Career Development Office and the International Law Society, in response to student need for career development information on international law, will publish a series of short articles based on the presentations of the panelists at the International Law Careers Day. Articles scheduled for future publication in The Opinion include: "Legal Careers with the Federal Government in International Antitrust Law," "Legal Careers in Private International Law Practice," "Legal Careers in Customs and International Trade Law," "Legal Careers in International Corporate Practice," and "Legal Careers in Public International Law." Jessup Moot Ct. Team Best Ever by Lawrence Lane Five weeks of competition ended in early November with the selection of UB Law School's entrants into the Jessup International Law Moot Court Competition. On their way to Boston, Massachusetts will be Jennifer Krieger, Pamela Keitz, Troy Kelly, Kimi King, and Sharyn Duncan, to compete for the regional title in early April. This year, for the first time, seven U.S. regional winners instead of just one will travel to The Hague, Netherlandstocompete in the finals. The competition here at the law school was the fiercest ever. Entrants were scored on both written and oral arguments, which weighed equally. They were also judged on organization, clarity of argument, interpretation and application of the law, and conviction of argument. All of the competitors were outstanding. The final selection took two in smoke-filled rooms where the judges were cloistered and deniedfood until they made their decisions. It is expected that this group will be thebest that UB has ever days sent to the competition. This year's team will be trained by the Jessup International Moot Court Panel in the areas of oral argument, brief-writing, and international law research. The team will benefit from the law library's extensive international law collection. UB Law has done well in the regional competition in previous years, and it is expected that this year's team will sweep the regionals and go on to compete at The Hague. — Wish our competitors well they are an outstanding group. SECOND-YEAR SBA DIRECTOR POSITION OPEN Second-year law students interested in running for a position as Class Director of the Student Bar Association will have an opportunity to do so. On Monday, February 1,1988,petitions will be available outside the SBA office. Students interested in running should pick up petitions and return them by noon on Friday, February 5. To get on the ballot, candidates need to collect signatures from 10% of the second-year class. The election will occur between 10 a.m. and 2 p.m. on Wednesday, and Thursday, February 10 and 11. �The 100th Anniversary of the Law School deserves a The Buffalo Public Interest Law Program YEARBOOK. will be having If you would like to help in any way with the 1988 a General Meeting Wednesday, February 3 " Advocate/ (TODAY!) please come to a meeting on 4:00 P.M. TUESDAY, FEBRUARY 9 Room 108 at New Members Welcome! 4:00 P.M. We will be holding elections in for the position of: Vice President in charge of Projects THE FIRST FLOOR LOUNGE Bring ideas for projects and fund-raising! If you are unable to come to this meeting, but are still interested in working on a yearbook, please leave a note in box 738. I H The Opinion ( B B EDITOR-IN-CHIEF — Graduating Senior BUSINESS MANAGER — Graduating Senior MANAGING EDITOR — Graduating Senior B These positions and others will need to be filled next year. I 1 I If you join The Opinion staff now, you could be eligible for a spot on our illustrious Editorial Board. I To find out more about The Opinion and what it can do for you, 1 BIIIIffIH^ <^^^ I Lots o Fun! I WEDNESDAY, FEBRUARY 3 724 O'BRIAN 3:30 PM I I 1 RECRUITMENT PARTY jj • Pizza! ... Beer! ... B ) y c I Xi ••£'-:■ February 3, 1988 The Opinion 3 �HESC Recommends Changes In The APTS Program New York State's Aid for PartTime Study (APTS) program provided financial aid to more part-time college students in 1986-87 than it did the previous year, but the program continues to be seriously underspent, according to a study released by the New York State Higher Education Services Corporation (HESC), the state agency which administers the program. The study includes HESCs recommendations for increasing utilization of the APTS program. The study, "The New York State Aid for Part-Time Study Program: A Progress Report, 1986-87," shows the APTS program reached 7,976 part-time students in 1986-87,an increase of 11 percent over the 7,169 recipients the previous year. However, the total spent on APTS was $4.9 million, or just 44 percent of the $11 million appropriated for the program. HESC estimates that expenditures for 1987-88, the current academic year, will be about $6 million. "The APTS program changes enacted by the legislature in 1986 did increase students' usage of the grants," said HESC President Dr. Dolores E. Cross, "but these changes did not go far enough." She added, "If the APTS program remains as it is presently structured, we expect that it will continue to be underspent. We therefore feel it is essential to enact the recommendations contained in our report, to enhance access to higher education for part-time students. Principal among the recommendations are those that would increase the income eligibility ceilings for part-time students." Dr. Cross said the HESC report recommends the following legislative changes for the APTS program: 1. Raise the APTS income ceiling forfinancially independent students who are married and/or have tax dependents from $15,000 to $34,250 net taxable balance income to be consistent with the state's Tuition Assistance Program (TAP); 2. Raise the APTS income ceiling for financially dependent students from $22,000 to $34,250 to be consistent with TAP; 3. Raise the APTS income ceiling forfinancially independent single students from $15,000 to $22,000 to achieve more parity with dependent students. (Almost 90 percent of part-time students are independent students); 4. Remove the requirement that students must have already earned at least six credit hours of college study to be eligible for an APTS grant; 5. Reduce the minimum number of semester credits for APTS eligibility from 6 to 3 to conform with the federal Pell Grant program; and, 6. Allow for reallocation of APTS funds between public and private sector institutions. The Aid for Part-Time Study Program is a college-based student financial aid grant program. Students apply directly to participating post-secondary institutions and the institutions select the award recipients. Awards range from $100 to $2,000 a year. The average award for 1986-87 was $617. The number of undergraduate students who attend post-secondary education on a part-time basis has increased during the 1980's, while fulltime enrollments have decreased. Last year, 255,000 part-time students comprised nearly onethird (32 percent) of the state's undergraduate degree-credit enrollments. A major reason for the growth in part-time attendance is an upward shift in the age distribution of our state's population. This trend is expected to continue. As more and more older students enter or return to college, they must, out of necessity, attend part-time since they have family and career responsibilities. Still, with all they have to handle, part-time students tend to be very serious about their studies. They view their education as a means to careertransition or advancement. It is a way to improve not only their lives but also those of their children. Dr. Cross notedthat while the statistics in the report showthat APTS is serving low-income adults, many students continue to be excluded from the program because of the current eligibility requirements. "Eliminating the few remaining restrictive provisions in the statute will encourage more schools to participate in the program," said Dr. Cross. "It will also make awards available to students who need the aid but either do not currently qualify or, in the school's view, represent a risk for the institution's incurring a financial liability." In addition to the recommendations, the HESC report con- tains: on how the APTS • Statistics grants were distributed in 1986-87; A discussion section on cur• rent trends in part-time study; A description of • APTS program by Patricia Miceli The first meeting of the second semester of the Association of Women Law Students (AWLS) was held on January 27 A unique graduate program offering separate, multidisciplinary courses of study in American Banking Law Studies and in international Banking Law Studies. Taught by faculty of the Boston University School of Law, eminent banking law attorneys and management experts, these innovative programs provide an exceptional blend of intellectual and practical education at one of the nation's most prestigious law schools. Covering the full range of advanced banking law subjects, the curriculum also includes courses specially developed to introduce lawyers to the economic and managerial aspects of the domestic and international financial services industry. • -87. The New York State Higher Education Services Corporation is the state government agency which provides financial aid to eligible students in the form of grants and scholarships, and through the guarantee of loans, for full- and parttime study in colleges and approved businessand vocational schools within New York State. Last year HESC provided more than $1.2 billion in financial aid to more than 750,000 students. HESC also researches and reports on the effects of student financial aid in providing access to post-secondary educational opportunities. in the first floor lounge. Members are currently working on a basics of the organization including writing a constitution and writing a position paper. AWLS plans numerous activities for the second semester. Initially, they will be represented at the orientation for Dean Filvaroff on February 11. The Brown Bag Luncheon series has been scheduledfor noon on Thursdays. Academics from the Law School such as Betty Mench and Allen Freeman will serve as speakers. Plans for the observation of International Women's Day are also in process. Either or a symposium and a reception is being planned for an early March date. AWLS will continue to sell coffee and donuts. Additionally, a flower sale is being planned for Valentine's Day and a T-shirt sale is being slated. There are also plans for the organization of a Women's Task Force to go to the women's prison in Albion. AWLS will meet weekly on Tuesdays at 5 p.m. in the First Floor Lounge. New members are welcomed. lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJIIIIIII This comprehensive LL.M. program offers a singular educational opportunity for lawyers who wish to practice in these dynamic, fast growing areas of specialization. • PROFESSIONAL TYPESETTING OFFSET • PRINTING p £ SERVICE •• COMPETITIVE FAST S Applications are now being accepted for full or part-time enrollment in September 1988. 11 " lis''■"!= or call: 6177353-3023 PRICING MANY DIFFERENT E TYPESTYLES & PAPERS S« RESUME SAMPLES AVAILABLE iUME PRINTING SI :lALISTS! CALL US OH VISIT USFOR A QUOTATION TODAY! WE AFT |p | Graduate Program in Banking Law Studies Morin Center for Banking Law Studies 1 Boston University School of Law Commonwealth Avenue iKJI I JMBOSSttjaytaML. Boston, Massachusetts 02215 • |\/| For a catalog containing detailed information and application forms, write: 1 *» Sjj SB changes; and, A list of each institution's APTS allocation, award total and average award for 1986- AWLS Sets Agenda For Spring Master ofLaws Boston University School ofLaw W*m the 1986 I j - 3171 Main Street fc LulKO WiSi /\KJT-p OTd) [etc 1( C rj \\j fop) (Main S. of Winspear) Buffalo, NY 835-0100 1676 Nia F a«s B'vd ('cross from KUart) Tonawanda, NY 834-7046 lllllllllllllllllllillllllllllllllllllli The Opinion February 3, 1988 4 �Environmental Law Society Tours Nuclear Reactor by Lisa Strain Five members of the Environmental Law Society participated in a tour of the nuclear research reactor located at the U.B. Main Street campus at the end of last semester. The tour, conducted by Director Lou Henry, lasted two-anda-half hours and provided an insightful view of both the facility and the misconceptions surrounding its operation. According to Henry, the facility was built by New York State in 1959 as a research reactor for the University of Buffalo. The reactor was primarily used to test the aging aspects of nuclear facilities, which entailed testing the durability and strength of materials used in building other reactors, including much larger commercial facilities. More recently, the reactor has been used to do some testing of medical samples. The reactor, while continuing to remain under state ownership, t/vas turned over to Buffalo Materials Research (BMR) to manage its operation. This occurred in f984, after it was apparent that the facility was only barely breaking even financially. BMR, a privately owned corn- pany, operates the reactor as a profit-making facility and contracts out to various other private companies while continuing to do work for the University. The company's largest client for the last three years has been Materials Engineering Associates, a Maryland-based company which sends a number of quality assurance samples to the facility to be tested as part of its compliance with Nuclear Regulatory Commission (NRC) regulations. The facility is operated only five days a week, starting up on Sunday and shutting down on Friday. Henry expressed his hope that eventually the company may be able to expand to a seven day operating schedule, but it is not cost efficient to do so at this point. Henry conducted the tour through most of the facility, including the control room and the containment building which houses the reactor core. The core is protected by a 30-foot column of water, and we observed an employee moving a sample located at the base of the core by using long ropes. Upon beginning the tour, each person was issued a "dosimeter" and a photo- graphic badge to wear. Henry explained that although the facility is not required to take these precautions, it is company policy to do so, as "we live in a litigious society, and who knows? Maybe 20 years from now someone who toured this facility could contract cancer and try to connect it to his or her visit here," he said. There were several areas within the containment facility which were roped off as unsafe to enter. Henry alleviated the concerns expressed by several members of the tour group by explaining thatthe risk of a high level contamination within the facility is very low, and all of the employees are checked daily upon entering and leaving the facility for any possible contamination. As the reactor is only used for research, it contains much lower levels of radiation than the larger, commercial reactors used to produce energy and plutonium for weapons. There was a moment of consternation when, upon leaving the containment building, one person's shoe showed a higher than average reading. Henry pointed out that the level of 200 c.p.m. (counts per minute) was The Erie County Bar Foundation presents NOONDAY LECTURES FOR FEBRUARY, 1988 Wednesday, February 3, 1988 "Counsel Opinions, Due Diligence and Corporate Housekeeping: A General Practitioner's Guide" A discussion of practice considerations for legal audits, corporate housekeeping and record keeping, and due diligence guidelines in rendering opinions as counsel to a corporation. ANTHONY D. MANCINELLI Magavern and Magavern ANTHONY L. DUTTON Hodgson, Russ, Andrews, Woods & Goodyear JOSEPH MAKOWSKI Computer Task Group Wednesday, February 10, 1988 "Review of the Recent Amendments of the Local Rules of the United States District Court, Western District of New York" Remarks by HON. JOHN T. CURTIN Chief Judge MICHAEL A. BRADY Moot & Sprague ALLITHEA E. LANGO Attorney General's Office Wednesday, February 17, 1988 "Hearings Before the Department of Motor Vehicles" still within the federal standard of 400 c.p.m.'s. In the event of a higher than average reading, Henry said the least drastic means are used first, and that ususally just washing the area with soap and water will be effective. The reactor generates ap20 proximately 55-gallon drums of radioactive waste per year. This waste is classified with various degrees of radioactivity and the "high-level," or most highly radioactive waste, must be shipped to the federal waste facility in Barnwell, South Carolina. High-level waste is usually produced as a by-product of plutonium, but plutonium is not produced at this facility. When asked aboutthe landfill at West Valley, 30 miles south of Buffalo, which was closed several years ago due to massive leakage and which is presently the site of an experimental new process of cleaning up landfills, Henry felt that the project is a model for a viable new alternative for site storage of radioactive and other hazardous wastes. The project involves encapsulating the waste in glass containers which are less soluble than previously used metal barrels, and thus contain the waste for a longer period of time. According to Henry, the major issues which he feels concern BMR today are increas.ing its cost-effectiveness and profit potential, and changing the public's perception about the facility and its uses. Henry feels that a more appropriate area of publicconcern might be the Department of Energy, which is a self-regulating agency and does not have to conform to Nuclear Regulatory Commission regulations, as all commercial facilities must. While 15 percent of hazardous waste each year is produced by private industry, almost 80 percent of the total waste is produced by Energy Department facilities which operate for military uses, "and no one questions where this waste goes," Henry said. Henry said there are tours of the facility open to the public upon arrangement. If you are interested in gaining a very informative viewof how a nuclear research reactorworks, it is well worth the two hours of time. Call the Buffalo Materials Research Center to arrange for a tour. NAPIL Conference Dates Set by Karen Comstock The 9th annual Public Interest/Public Service Symposium will be held at NYU Law School on Thursday and Friday, February 25-26, 1988. The symposium is designed to provide students with an opportunity to participate in individual interviews and small group discussions with attorneys and panel discussions on topics related to various aspects of public interest law practice. Information on interviewing employers should arrive in CDO any day now, and as soon as it does, we'll let you know. At that point, you need to act quickly. Your job is to review these materials, select the employers with which you would like to interview, and submit a resume and other specified materials to CDO. CDO will forward the resumes directly to the employers. We'll set the deadline as soon as we receive the information. Employers have been asked to select and call in the names of students they would like to see by Tuesday, February 16. Scheduling will be done by NYU and the result distributed to the participating schools. This program is very worthwhile. Students have been successful in picking up unscheduled interviews at the symposium. I do encourage firstyear students to participate. Matrimonial Lawyers Plan Talk New York Chapter of the American Academy of Matrimonial Lawyers Presents "The Practice of Matrimonial Law: A Lesson in Reality" Saturday, February 6, 1988 SUNYAB School of Law and Jurisprudence Room 107 9:00 a.m. to 4:30 p.m. Admission Free — — In cooperation with the SUNYAB School of Law and Jurisprudence, highly experienced and nationally recognized matrimonial law practitioners from the American Academy of Matrimonial Lawyers will present a free program for law students which will Procedural aspects of a variety of DMV hearings. cover the entire gamut of the practice of matrimonial law from interviewing theclient and organizing the file, to motion practive, pre-trial disclosure, settlement negotiations, drafting of agreements and trial. Space for this symposium is limited and since admission is free, we expect seats to be at a premium. Sign-up sheets will be placed on the bulletin board on the 2nd floor, the 4th floor and outside Room 521. Seats will be at a premium and any student signing the sheet will be guaranteed a seat. Paul Ivan Birzon Professor Isabel Marcus Professor Louis Swartz Sanford S. Dranoff, President, AAML NY Chapter THE PASSWORD: PAUL A. FOLEY Panel Chair RITA LOS Administrative Law J,udge JONATHAN D. ESTOFF Practitioner I \ I ) Q—_J 415 Seventh Avenue. Suite 62 New York, New York 10001 (212)594-3696 (201)623-3363 All lectures are held at 1:00 p.m. in the Ceremonial Courtroom, Buffalo City Court. 7th Floor February 3, 1988 The Opinion 5 �©pinion STATE 1 NIVERSITY OF nsr NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 8 February 3, 1988 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon FeaturesEditor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Pat Miceli, Alexei Schacht, John Williams. Contributors: Derek Akiwumi, J.L. Krieger, Lawrence Lane, Daniel T. Lukasik, James McClusky, Barbara Nectow, Damon Scrota, Lisa Strain. c Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Don't Censor Yourselves The University Union Activities Board (UUAB) is presenting an Anti-Censorship Film Festival, Feb. 15-20 in the Woldman Theater. They are billing the event as "an historical survey of films that have either been censored or have encountered flack from the censorship office, and films that are themselves about censorship, be it political, sexual, social or philosophical." Scheduled to be shown are films such as The Scarlet Empress, Midnight Cowboy, And God Created Women, and Hail Mary. Although the most recent film on the list was released in 1985, and most of the others were made before 1950, the issue of censorship is always pertinent and it is important that we keep reminding ourselves of the power that a small group of people can have over free expression. It was only a few months ago that a fundamentalist furor caused the banning in schools of books which preached "secular humanism." That unpleasant episode in our history prompted a resurgence in the concern over a free press. Area bookstores were setting up displays of books which, at one time or another, and for whatever reason, were banned. Doubtless, many ofthe banned titles have graced the "favorite books" lists ofa great many people, titles such as Huckleberry Finn, James Joyce's Ulysses, J.D. Salinger's Catcher in The Rye, George Orwell's 1984, The Diary of Anne Frank, and even, in some schools, William Goldman's The Princess Bride. These are only a few of the books that have suffered varying degrees ofcensorship, and they are unlikely to be the last. The maintenance of a free press is crucial to a free society. It is of special concern to those of us who spend our time putting our words into printed form. But as bad as censorship from the outside is, self-censorship is equally harmful. A free press is a wonderful thing, and it is something which must be taken advantage of before it is taken away. At the risk of sounding self-indulgent, The Opinion is the ideal forum for free expression within the law school, but if people don't take the time to write, it will not be able to continue. Most of the members ofthe editorial board are graduating seniors. There are three constitutionally mandated positions, Editor-in-Chief, Business Manager, and Managing Editor, which must be filled. In addition, there must be a staff to help fill the pages. A few dedicated souls have undertaken to write for The Opinion on a regular basis, but they can't do it all. We will be having a spring recruitment party today, Feb. 3, at 3:30 in room 724 O'Brian. If you're not sure whether you have the time to write, stop in for awhile, have a beer, and talk to someone on the staff. There are very few opportunities, for those of you who are so inclined, to have such clear access to the printed page. Everyone has opinions, and there are a lot of things going on out there that deserve to be written about. Take a few minutes, stop in at our recruitment party, and consider writing for The Opinion. The only thing worse than having your words censored is not saying anything at all. Oh, and don't forget the Anti-Censorship Film Festival — it's an important event. The Opinion February 3, 1988 6 OpM Tinhoe ailbox SBA To Meet On Library "Crisis" by Derek Akiwumi SBA Vice President The time has finally come for the Student Bar Association to address the issue of the undergraduate student invasion of the O'Brian Law Library during our final exam period. On Wednesday, February 3 at 5:30 p.m., the SUNY at Buffalo Provost, William Greiner, will appear at the next Student Bar Association meeting to receive comments and suggestions from the law student body on what can be done to solve the Law Library crisis during the final exam week. The meeting will be held in 109 O'Brian. Last semester the Provost expressed to me that he thought it might be feasible to imple- ment a measure of disallowing the use of the Law Library by non-law students for a threeweek period before and during exams. Although I informed the Provost that the heavy influx of non-law students in the Law Library all year round was the initial concern of the law student body, he only conceded thatthe imposition of restrictions during finals was the only viable option. Since he was willing to offer this much, I then invited him to come and speak to us on this issue at the Student Bar Association meeting next Wednesday. This forum may be our only opportunity to fully resolve this matter. I strongly urge as many students as possible to attend this meeting and voice their concerns. The Provost has also mentioned that he will try to bring the Vice Provost of University Services, Bob Wagner, and the Vice Provost for Student Affairs, Robert Palmer, to next week's meeting. Our dialogue with them may not only center on the issue of the Law Library. Due to this rare occasion, we may wish to raise other pertinent issues that may concern us. This meeting with the Provost will be a grand opportunity for us to have our voices heard, and I hope to see many of you in attendance at the next Student Bar Association meeting. Law Students Must Not Segregate Selves To the Editor: I am not a law student, but I am interested in the integrity of the University and watch with dis-ease the insecurity shown by Mr. Ryan's review of how Law School facilities need further segregation from other elements of University life. I don't write expecting to pare down the needs he feels, but with the suspicion that there are members of the Law School who may not be expressing concern over the elitist image projected by some of the language addressing Law's need for its own space. I start with Ryan's first sentence: "overrun with undergraduates" and skip down to his complaint at not having a private elevator. I can only be reminded of the Buffalo Club separating elevator uses and neighborhoods being overrun with a variant. I'm saying the concepts are primitive so may be the need. I also highlight this language briefly because lawyers have had a tradition of surrounding theirsuccess with material padding a tendency well fought ... — from within its ranks by radical advocates. And the trend certainly reflects like historical attitudes of the United States government toward the "world outside." May I write not to battle with the validity of your need to identify your community with composure and warmth, but to encourage the mellowed members of your department to discuss in-house the values of identifying with the larger university. Constance Schulz StudentPosition Paper Needs You The SBA is presenting an agenda of student concerns to Dean David Filvaroff on February 1, 1988. The Subcommittee for Developing Student Issues will have a table outside the library on January 27 (Wednesday) and January 28 (Thursday) from 10:00 2:00 to collect individual student suggestions. THE DEADLINE FOR STUDENT ORGANIZATION POSITION PAPERS IS FEBRUARY 16, 1988. At present there are nine basic issue areas: 1. Curriculum 2. Advisement and Support 3. Registration 4. Library 5. Our Law School's rank 6. Financial Aid/Loan Forgiveness 7. Student Lounge 8. Child Care and problems of studentswith young children 9. Miscellaneous (improve communications between students and clubs/faculty, administration and alumni. The committee will also look at ways to improve information about jobs and utilization of the Career Development Office.) The Subcommittee realizes that every student group has unique concerns and problems in the law school community. It urges every organization to make its voice heard. In order to help define those issues of concern to the student body, we requestthat every student club meet with its membership and prepare a position paper describing its viewpoint. The position paper may discuss any of the issues listed above or it may address a new set of issues. Papers should be detailed but concise. Any supporting docu- - ments (i.e. surveys) may be included. Please type all submissions. Include also your organization's name and the name of a contact person. Papers may be submitted to Box #525 (Lisa Sizeland, subcommittee chair). The Subcommittee wants to afford every opportunity for students to be heard. Papers will be submitted to the Dean as written. If you have any questions, please do not hesitate to contact either Lisa Sizeland or Maria I. Doti. Graduate Feminist Studies Group Plans Symposium The Graduate Group for Feminist Studies at SUNY Buffalo, a faculty/graduate student forum for feminist conversations among the disciplines, is holding a symposium on New Feminist Scholarship on Saturday, February 13, 1988 in 280 Park Hall. It is free of charge and both the university community and the general public are invited to attend. In this symposium, feminist research its theoretical and methodological concerns, its encounters as it moves from one discipline to the next, its radical and conservative textures will be explored, in lecture and discussion, by five feminist scholars just beginning their academic careers. — — Individual presentations, as listed below, will take place in the morning sessions. In the afternoon, audience members will be encouraged to participate in a panel discussion initiated by thepresenters around general issues related to feminist research. 10:00 a.m. Introduction; Coffee & Bagels. 10:30 a.m. Adele Mueller, Cornell, NY. "Knowing Women/Ruling Women: The Knowledge Relation in Imperialist Rule." 11:30 a.m. Patricia Chuchryk, Lethbridge, Alberta. "The Contradictory Role of Conservative Ideology: Subversive Mothers." 12:30 p.m. Lunch 1:30 p.m. Alice Echols, Ann Arbor, Ml. "Radical Feminism: Redstockings and The Feminists." 2:30 p.m. Leslie Patrick-Stamp, Bucknell, PA. "The Imprisonment of Black Women: Origins." 3:30 p.m. Coffee Break. 4:00 p.m. Diana Abu-Jaber, Lincoln, NE. "Parallel Discourses: The Woman and the Artist in Jamaica Kincaid's Annie John." 5:00 p.m. Panel Discussion Doing Feminist Research in Mainstream Academia: Difficulties and Rewards. — 7:30 p.m. Potluck/Party. �Res Ipsa Loquitur by Daniel Ibarrondo "NoProblem"To Get Back (The following is a fictitious between the copversation Jamaican Bar Association, Accreditation Committee and the Dean of JA Law.) JBA: Good morning Dean. Dean: Irey man. JBA: The Accreditation Committee has finished its report on JA Law School. Dean: Jah know what it be saying. JBA: Well, it seems as though the school has to shape up or ship down: Dean: I tought it be cool runnings in de school. JBA: Not really, everything is not going smooth. Dean: What you be saying? JBA: Well, in order to upgrade the school's standing it is imperative that grades are competitively distributed. It was curious as to how out of a class of ninety students, only two percent got D's. There is nothing wrong with the grading system per se, but the Q's should not be given out so generously. Dean: Sounds to I like Armageddon. No true? JBA: We're not trying to create havoc. If the law school wants to return to the top twenty position that it previously held, then you have to do two things: In Top 20 — Give Lots Of D's make it hard for students to get a Q and, on the flip-side, make sure the professors are all in line on this position. Dean: Dat be making I a bull bucka. Ya no see it? JBA: Yes, I do see the position that puts you in. The least of your concerns shouldn't be whether you'll be perceived as a bully or not. The students will know what they have to do. What you have to do is make sure that the professors comply with and understand our recommendations. Dean: How I be doing dat? JBA: You once expressed to me your intentions of attracting students that will be content with studying law here. By the same token, you have to hire professors that are content withteaching law in the traditional manner. This is not Antioch or Northeastern. Forget about concentrating on alternative methods to teaching law or attracting groups that were previously kept out of the legal profession. The JBA has higher goals for JA Law School. The trend is to return to the traditional way of law school teaching, hiring, admissions and administration. Dean: Explain man what you be saying? JBA: JALaw should get into the Darwin mode. Some make it, some don't. Understand what I'm saying? As far as professors are concerned, some stay and some don't. If you read in between the lines of our report Guild Perspectives and the recommendations that we've outlined, it's clear that you don't need professors that will teach law utilizing our nation's foreign policy as a background. A law student's time should be spend studying law in the Langdellian manner and not thinking about foreign or national issues of our time. These things will be understood when they graduate. Hopefully not, but you understand don't you? Dean: To the fullness. JBA: I wish you success and should you have any questions, feel free to give me a call. Oh by the way, I saw last semester's grades. I must hand congratulate you, you're a fast worker. Take care and keep up the excellent work. Now get to work on the professors. by Andrew Bechard and Molly Dwyer James Baldwin Remembered By Buffalo Guild Chapter On December 1 of last year a number of Guild members were saddened to learn of the death of James Baldwin. The Harlem-born author of "Go Tell It on the Mountain," "Notes of a Native Son," "Nobody Knows My Name," and "The Fire Next Time" enriched and enlivened our political lives and engaged our imaginations. In the December 20 New York Times book review, Amiri Baraka wrote that Mr. Baldwin's voice, just as much as Dr. Martin Luther King's or Malcolm X's, helped to shepherd and guide black liberation. We agree. In tribute to Mr. Baldwin we reprint his essay published in 1964, "We Can Change the Country," and ask how much has really changed since it was written. People will cite the Civil Rights Act of 1964 and subsequent legislation and litigation. Unfortunately, legislation and litigation do not always change a person's opinion and the violence thatsuch an opinion motivates. We cite Howard Beach. As always, we welcome any and all responses: * # * — It is theAmerican Republic repeat, the American Republic which created something which they call a "nigger." They created it out of necessities of their own. The nature of the crisis is that I am not a "nigger" I never was. I am a man. The question with which the country is confronted is this: Why do you need a "nigger" in — — the first place, and what are you going to do about him now that he's moved out ofhis place? Because I am not what you said I was. And if my place, as it turns out, is not my place, then you are not what you said you were, and where is your place? There has never been in this country a Negro problem. I have never been upset by the fact that I have a broad nose, big lips and kinky hair. You got upset. And now you must ask yourself why. I, for example, do not bring down property values when I move in. You bring them down when you move out. Now there are several concrete and dangerous things that we must do to prevent the murder and please remember that there are several ways to — — murder of futurechildren (by which I mean both black and white children). And one of them, and perhaps the most important, is to take a very hard look at our economic structure and our political institutions. For example, the North (for as long as I've been in the North, and I was born in the North) has prided itself on not being like the Southern racists. In the North they don't have signs up saying "white" and "colored." No one tells you where you can and cannot go. In the North, you have to find that out day by day, by what we call trial and error. But the moment you go anywhere near what The Man is really concerned about I mean his pocketbook— what happened in Bir- — mingham happens in New York. New York is a segregated city. It is not segregated by accident: it is not an act of God that keeps the Negroes in Harlem. It is the real estate boards and the banks that do it. And when you attack that, that's where the power is. For example, I ask all of you to ask yourselves what would happen if Harlem refused to pay the rent for a month. We've got to bring the cat out of hiding. And where is he? He's hiding in the bank. We've got to flush him out. We have to begin a massive campaign of civil disobedience. I mean nationwide. And this is no stage joke. Some laws should not be obeyed. Right View Pete by James McClusky duPont Offers Interesting Views On What Is "Right" by James P. McClusky The 1988 Republican presidential race is currently a twoman contest: George Bush and Robert Dole. Fortunately for Republicans, the other candidates have kept the race interesting. These other candidates have decided against running on their resumes and instead are offering interesting ideas and solutions to current problems. This is a dangerous tactic for a frontrunner because he risks alienating delegates and voter blocs which, due to a process dominated by caucuses and low-turnout primaries, may have a disproportionate influence in the process. This, however, is the only alternative for the second-tier candidates who must run that risk in order to achieve greater notoriety and credibility. One candidate who has set out from the beginning to distinguish himself is Pierre (Pete) Samuel dv Pont IV. The 52-yearold dv Pont graduated from Princeton and Harvard Law School, was a three-term United States Representative from Delaware and a two-term governor of the same state. More important than his record, Pete dv Pont has distinguished himself as an icono- clast. He is willing to question sacrosanct social programs that the leading contenders of both parties fear to address. Although not lacking ideas forforeign policy, his campaign has stressed five domestic issues which are aimed at helping families get ahead in the nineties. First, dv Pont proposes to phase out farm subsidies gradually over a five-year period. Currently farm subsidies encourage production of unneeded food products which go to waste as government-held surplus. He answers the small farmers' fears that they will be taken over by large conglomerates by pointing out "supermarkets did not drive out momand-pop stores. They just changed what they sold." A second proposal is for a voucher system for education. His argument for this is a simple free market approach. American public education lags because it is a monopoly. Under a voucher program school systems would compete against each other for "voucher dollars." Students would not have to accept the mediocrity which exists in most of the current public school systems. Another proposal in effect re- vives the New Deal WPA. That is, all able-bodied welfare recipients who failed to find jobs would get government jobs at 90 percent of the minimum wage. He defends this admittedly make-work program on psychological grounds. "Paying somebody for something is always better than paying them for nothing." He also proposes drug testing for those who desire a driver's license. This is an issue about which he is frequently questioned, and he has a prepared list of statistics which show "[t]wo-thirds of a recent batch of applicants to the District of Columbia's police force failed a cocaine test. Forty percent of doctors use drugs; one in six truck drivers." Dv Pont compares such testing to airport security searches. Although it invades privacy it is minimal and those concerned can avoid the invasion by not applying to the government for a driver's license. His fifth proposal is to restructure Social Security before the baby-boomers retire and Social Security taxes double. His analysis is simple. Since the baby-boom generation is larger than the generation which follows it, taxes must rise or bene- fits must fall. Dv Pont proposes the establishment of a parallel system in which taxpayers can pay into "super IRAs" while receiving tax credits for such payments. The taxpayer then would draw from the "super IRA" rather than draining the Social Security reserves. A dv Pont nomination is un- likely at best. But early victories by Dole over Bush could force the frontrunners and the electorate to recognize alternative candidates and/or their ideas. With luck, New York State Republicans can still have dv Pont as a viable candidate at thetime of New York State's April 19th primary. Law Soccer Team Kicks Off by Alexei Schacht (SISL), at the Sportsplex facility The Buffalo Law School indoor soccer team, the Barristers, has begun yet anotherseason in the hopes of continuing its winning ways. The Barristers are sponsored by the Barrister Information Systems Corporation. All games are Thursday nights in a city-wide league, the Sportsplex Indoor Soccer League in North Tonawanda. Thus far this semester, the Barristers are 1 and 0 after having won their first game by a lopsided score of 12 to 2. Anyone interested in coming out to support the Barristers should contact third-year student and team captain Kurt Mieth, who can provide you with a Barrister schedule. 2?* »•** H 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) (201) 623-J36J February 3, 1988 The Opinion 7 �Which Bar Review Doesn't Charge Extra For Its Extras ? —IA certain bar review course which charges an extra $95 to $225 SMH Bar *WoKaplanReview Services which for its "multistate workshop." includes a comprehensive Multistate Question Volume, 18 hours of in-class Multistate Question analysis, 2 practice exams, and a Diagnostic Analysis to identify strengths and weaknesses, all woven into an integrated review course at no extra charge. Ask The Right Questions, Get The Right Answers* David Fretz Bill Hair Leslie Gleisner Deborah Morel Peter Ryan Krista Hughes Michael Lamica Lisa Sizeland Greg Maxwell See your Campus Rep, or call: ITTB STANLEY H. - AN-SMH iVIKAPI r» V 15t7~ I V — H *JIWMI L 1BAR REVIEW SERVICES ©1987 Kaplan-SMH 8 The Opinion February 3, 1988 BUFFALO AREA Stanley H. Kaplan Ed. Ctr. Ltd. I **> Niagara Falls Blvd. Tonawanda, New York 14150 (716) 837-8022 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK-MULTiSTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 phone: (516) 747-4311 The Bar Course That Cares. February 3, 1988 The Opinion 9 �Off The Court by Andrew Culbertson Snyder Provokes Strong Response In Sports World About nine months ago, I decided to watch Night Line instead of Carson. One of Ted Koppel's guests was Al Campanis, general manager for the Los Angeles Dodgers. The interview began fairly normally until Koppel asked Campanis why there were no blacks managing major league baseball teams. When Campanis replied that it was due to the fact that black people lack "some of the necessities" essential to performing this job, I did a double-take. Evidently, so did Koppel, who seemed as surprised as I was. When given an opportunity to explain this statement, Campanis attempted to justify what he had said. Unfortunately, his "justifications" merely compounded what he had said. Several days later, Campanis resigned in disgrace. Last week, when I learned that Jimmy "The Greek" Snyder had been fired by CBS for making racially offensive statements, I was naturally reminded of the Campanis incident. What surprised me the most about Snyder's comments was not what he had said, but the fact that he said them on camera. der. Following the disgrace Campanis suffered, I was sure that every major sports executive and/or commentator would be extremely careful not to make the same mistake. Apparently, I was wrong. As deplorable and offensive as each of these incidents was, they each give a good indication of how deep the problem of racism actually goes. The views expressed by Campanis and Snyder came across as views that each one literally took for granted. Campanis had the attitude that it's an accepted fact that blacks aren't capable of managing a major league baseball team, and that there was nothing wrong with making such a statement. If he really believed that his beliefs were racially offensive, he never would have expressed them so candidly on national television. The same can be said for Snyder's comment that if "blacks are allowed to coach, there will be no room left for the white man in professional sports." When a person in Snyder's po- Overseas Programs Offered The University of San Diego Law School will offer clinical placements in Dublin, London, Mexico City, and Paris this summer. In Paris and London, secondyear students may work in law firms and corporate counsel offices specializing in EEC law, international financial law, and international business law in general. There are a few opportunities with international organizations in Paris. Most of the placements last six weeks and carry academic credit. London on internatinal business, Mexico on law of the Americas, Oxford on non-business Anglo-American comparative law, Paris on international and comparative law generally, and Russia-Poland on eastwest trade and socialist law. For further information, write Mrs. Sue Coursey, USD Law School, Alcala Park, San Diego, CA Dublin focus more broadly on a variety of legal matters. London internships with barristers cover a full range of English trial work. These internships are available to first-year students. Six summer programs are offered by USD. They are Dublin on international human rights, Presumably, Snyder is friends with many sports figures, including team owners and executives. Is this their rationale? Is this the reason why blacks have been given sparse opportunities to coach and hold front-office positions in professional sports? At the same time, how many sports executives share the attitude of Al Campanis? How many of them actually believe that black people don't have the ability to coach a professional sports team? Could this be the reason why blacks have been given limited opportunities to coach within professional sports? As speculative as these theories may be, the fact remains that for whatever reasons, blacks have been unduly discriminated against within the realm of professional sports. If nothing else, the mistakes made by Campanis and Snyder have given new life to the problem of discrimination tbat exists within these areas. So far, organizations have been able to vindicate themselves by simply firing the employee who made the particular comments. However, I believe, and strongly hope, that the next time an incidentlike this occurs, the particular organization will be forced to do more than simply fire the offending employee. To fully vindicate itself, the organization will have to hire a black head-coach or general manager to prove that it in no way condones the views displayed by the particular employee. The botton line is that racism has been a problem, and will probably always be a problem, within this society. The sports profession is obviously no exception. As long as white people continue to dominate the management side of professional sports, the problem of discrimination will continue. Now that the problem has reemerged within the media, this is the best time to attack the problem. Although sports organizations are beginning to feel the pressure (to hire blacks), more pressure has to be applied. A good example is the Green Bay Packers, a team that recently lost its head coach. The pressure is definitely there for the Packers to hire a black headcoach. Whether they will or not remains to be seen. At the present time, there are approximately 70 black assistant coaches in the NFL. To date there has never been a black head-coach in the NFL. Frankly, I think it's sad that the problem has to be attacked in this manner. If organizations hire blacks only because they are pressured to, this remedy could prove to be a quick-fix instead of a long-term solution. Unfortunately, this seems to be the most practical means of achieving this goal. Hopefully, if enough blacks are hired in this manner, they will become a fixture within professional sports organizations, not just temporary tokens. For all the people who really believe that blacks aren't capable of coaching in the big time, I have one telling statistic. John Thompson and K.C. Jones, both black basketball coaches, have coached their teams (Jones with the Boston Celtics and Thompson with Georgetown) to seven championship appearances in this decade. That's more than any other two coaches combined within the NBA and NCAA Division I. Take that, Al Campanis. Tulane IB y lull/ jJIIMjJ S I JYI/lf if 92110. i SUMMER LAW STUDY * Tulane Law School offers the finest summer study programs in maritime, international, and comparative law in exotic in The student's work depends on the legal problems available in the office assigned. Students can expect to do research and draft contracts, opinion letters, and memos. They may particiin client interviews, pate negotiating sessions, and firm strategy planning meetings. Internships in Mexico and sition makes this type of statement, it has to make you won- Dublin London Mexico Oxford Paris Russia-Poland San Diego Greece Foreign Law Programs ' En9 and Univ of San Diego School of Law Alcala Park, San Diego CA 92110 DJ J Univcrsil y ii| Siin Dk. t July 18-August 12 All courses taught in English Tuition $1,000 for two sessions, $600 for one session. Deadline for registering May 1, 1988. ( 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)594-5696 (201) 623 3363 10 TheOtJmiori \—' — February 3, 1988" For more information write : Director of Records Tulane Law School New Orleans, LA 70118 or call 504/865-5935. �AAUW Sets 1988 Awards Interest-free loans for women and students, fellowships postfor doctoral and grants doctoral study and research, funds for community projects and a legal advocacy fund are a few of the benefits provided to the academic community by the American Association of University Women (AAUW). Buffalo Branch, AAUW, is collecting used books of all kinds, from paperbacks to encyclopedias, for the 34th annual sale April 6-9 to raise funds to continue these services. Donations of books are taxdeductible, and may be made by calling 834-6731 for pickup in the greater Buffalo area, including East AmhersJ, Clarence, the Southtowns and Grand Island. The Downtown YWCA on Franklin Street, and Emma Bookstore at 168 Elmwood Aye., Buffalo, will accept books during business hours. AAUW Award To Be Given The AAUW Legal Advocacy Fund was established in 1983 to provide financial assistance, support, and advice to women involved in sex discrimination lawsuits in higher education. The Fund is now accepting nominationsfor the 1988 Progress in Equity Award, which is given in recognition of a college or university program that has advanced equity for women. Nominated programs should have resulted in significant progress toward equity for women faculty, students, and/ or staff; be innovative, and be replicable at other institutions. Nominations should be sent to: American Association of University Women, 2401 Virginia Aye., N.W., Washington, DC 20037. Membership is open to men and women with a baccalaureate degree from a regionally accredited college or university, or a foreign institution recognized by the International University Federation of Women. International Socialist Organization Plans Talks — TUESDAY, FEBRUARY 16 7:30 P.M. Room 8, Diefendorf Annex, U.B. South Campus Mike Ondrusek on "Why Half the World Starves." 10:00 P.M. WEDNESDAY, FEBRUARY 17 — Nietzsche's, 248 Allen Street ISO Benefit Concert. ($2.00 Admission) TUESDAY, MARCH 1 — 7:30 P.M. Campus Room 8, Diefendorf Annex, U.B. South Marten Clibbens on "State Capitalism." (Public Meeting) — TUESDAY, MARCH 15 7:30 P.M. Room 8, Diefendorf Annex, U.B. South Campus Brian Erway on "South Africa: Black Workers Fight Back." (Public Meeting) LEGAL MANIA Pat Mieli )£jf The Official Spring 1988 PUBLICATION SCHEDULE Issue 28:8 28:9 28:10 28:11 28:12 29:1 Deadline January 25 February 8 February 22 March 7 March 21 April 1 Layout January 28 February 11 February 25 March 10 March 24 April 14 Publication February 3 February 17 March 2 March 16 April 5 April 20 ALL SUBMISSIONS MUST BE TYPED AND HANDED IN NO LATER THAN 4:00 P.M. ON THE DEADLINE DATE. tf%\\ WJh Submit all articles to: The OPINION OFFICE, 724 O'Brian Hall, or to ZULMA BODON (Box 628) or KRISTA HUGHES (Box 738). ) ffimJm J/j^Cli February 3, 1988 The Opinion 11 �Don't leave Law School without it. ■ ■ur book is recognized in over 42 states as the best. rfSf+ ■ A. BAR/BRI is your first choice in: Alabama, Alaska, Arizona, Arkansas, Callfor- I nia, Colorado, Connecticut. Delaware, D.C., Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine. Maryland. Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina. Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wisconsin. P^^ tofcrr BAR REVIEW 12 The Opinion February 3, 1988 reputation earned by outperforming the competition each and every year. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5cbe3a77e18d718bcae0240b0fc6574e.pdf f7dc6a34f08dd63e90d225973d59b610 PDF Text Text THE OPINION Volume 28, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 17, 1988 Library Monitored For Dangerous Asbestos Problem by Donna Crumlish Air Quality monitoring took place on the fifth floor of the Law Library on Friday, February sth. The testing was done to pinpoint problems with the overall environment in this area and in the library as a whole. Airflow, humidity, temperature and the amount of fibers in the air will all be examined. The possibility of asbestos fibers in the air is something that will be examined closely. According to Leonard Borzynski, an Industrial Hygienist at ÜB's Office of Environmental Health and Safety, "In O'Brian there is.asbestos in a few areas that has been applied as fireproofing and one of the places is the fifth floor AY department." A survey taken by Hall-Kimbrell environmental services two years ago established that asbestos had been used in various capacities throughout the North Campus. In O'Brian those areas were mainly the AY department, room 728 and some eighth floor mechanical rooms. The material that was tested in O'Brian was determined to contain 10% asbestos. The 10% in the material itself is not considered to be harmful unless concentrations of the asbestos are found in high levels in the air. This is what the air quality monitoring is designed to ascertain. If the material has been sufficiently disturbed, it is possible that there will be more than the .2 fibers per cubic centimeter that OSHA has established to be safe. However, if the material is in the same condition that it was when the survey was taken, the air will probably not contain any harmful fibers. The results of the fiber testing will probably not be available until the last week in February. If the results of the air quality monitoring determine that there is a high fiber content, further testing will be done to determine the exact degree of the problem. If these results confirm a serious problem, other engineering or respiratory protection will have to be worked out until the asbestos can be removed. Whether or not the fiber content in the air is determined safe, the prevention of future problems is most important. Mr. Borzynski stressed, "When anybody wants to control asbestos, it's not to say that 'this environment is fine if it has this fiber content' but rather to prevent anyone from disturbing, changing, or modifying the environment so that they get a large dose of the harmful materials into their lungs." Before the discovery of the health problems it caused, asbestos was long used in various capacities including fireproofing, brake shoe work, and insulation. It has a host of properties that made it ideal for these uses. When changes in asbestos regulation were occurring in the early 19705, O'Brian Hall was under construction. The manufacturing of asbestos was ordered to be stopped but Practice of Matrimonial Law Discussed by Alexei Schacht On Saturday, February 6 The American Academy of Matrimonial Lawyers, New York Chapter, sponsored a day long symposium entitled "The Practice of Matrimonial Law: A Lesson in Reality," at the law school. The symposium, co-chaired by Paul Birzon and Professors Isabel Marcus and Louis Schwartz, featured nine practicing attorneys and a psychologist speaking about various aspects of matrimonial law practice. Mr. Birzon, who is both a leading matrimonial attorney and adjunct-professor of law, moderated the event. The topics that were covered ranged from attorney-client relationships to custody issues to how to conduct a matrimonial trial. But, in all areas there was no doubt thatthe emphasis was on, as the attorneys put it, "practical" matters. For instance, Alvin Ashley, who cameallthewayfrom New York for the symposium, to speak on the attorney-client relationship, made the point that "first impressions" at the initial consultation are extremely important. Ashley aslo stressed that the practitioner must be totally familiar with the New York Domestic Relations Law. In particular, section 236, New York's equitable distribution statute, which he called "the Bible of matrimonial law," must be known by any successful attorney. Janice M. Rosa, a partner in Paul Birzon's firm, discussed "opt-out" agreements which allow the parties to avoid the confines of section 236. In reference to what the parties should put in these opt-out, or separa- tion agreements, Rosa said that "the best advice is to get it in writing." Being "all inclusive" in an agreement may help the parties avoid further acrimony in the future, according to Rosa. Settlement agreements can minimize unnecessary conflict between the parties and lessen the unhappiness surrounding divorce, and, all speakers emphasized that spouses seem to be inevitably disappointed with their divorce settlements. In this vein, Patrick C O'Reilly, a partner with the firm Lipsitz, Green, Fahringer, Roll, Schuller & James, said that while attorneys "can cut out an agreement with a scalpel," the "judge will use an axe." In other words, only the separation agreement can assure the client that he or she will get what they want. O'Reilly's assigned topic for continued onpage 15 Dave's Dribblers Seek Investors by Shawn Griffin On Thursday, February 10, Dean "Dave" Filvaroff became a major stockholder in the Dave's Demons Corporation. There were rumors on the street that a foreign investor might attempt to buy control and change the team's name. There may be a proxy fight for control next week, so the Dean has increased his holdings substantially and is encouraging all law students to do the same. Dave's Demons, Inc. is the law school basketball team that will represent U.B. atthe annual law school tournament in Springfield, Mass, on February 27-29. The team members have been selling stock in the corporation; this represents an in- vestment in school spirit. The proceeds will be used to offset the traveling expenses of the team. Dean Filvaroff was encouraged by the team's motivation and has offered to play in the upcoming tournament. Sources close to theDean say Shawn Griffin. Dean Filvaroff, Dan his nickname in college was "Dunkin' Dave." But the contract negotiations between the Dean and Dave's Demons have been fruitless to this point. It seems that the only available position on the team is center and it doesn't look like Dunkin' Daveis"uptoit." (Seephoto.) Lukasic, John Dagon many suppliers and contractors had it in their inventories and continued to use it. This is why evidence of asbestos use is found so sporadically throughout the North campus. Plans for cleanup and correction of the asbestos problem on the North campus have been underway since the Hall-Kimbrell survey was released. O'Brian Hall, however, is on a lower priority level than other areas of the campus, mainly because the potentially harmful materials in O'Brian are fairly inaccessible and were in good shape when the survey was .done. Eventually, all the asbestos will be removed from the North .campus but, at present, the University's budget does not allow for the high costs expected in its removal and replacement. Law School To Hold Centennial Convocation Current issues in employment relations will be the focal point of the Centennial Law Convocation being presented on Saturday, March 5, by the University at Buffalo Law School and the Law Alumni Association. The all-morning symposium, entitled "Hiring and Firing: Viewsfrom Both Sides," will be held starting at 8:30 a.m. in the Center for Tomorrow on theUB North Campus. The program is designed especially for practicing attorneys. Procedures and practices*and the latest developments in areas such as age and sex discrimination, drug testing, communicable diseases and handi- Manly Fleischmann capping conditions will be covered from the viewpoints of both employers and employees, according to David E. Parker '77, Convocation chairman. "More than ever before, lawyers must be able to properly assist their corporate clients and workers who feel wronged in these highly charged matters," says Parker. At a luncheon following the educational program, President Steven B. Sample will present the Jaeckle Award for 1988 posthumously to Manly Fleischmann, a renowned attorney whose lengthy record of public service included high-level positions in Washington and Albany. It is the highest honor the Law School and the Law Alumni Association can bestow. This is the first time since the inception of the Jaeckle Award in 1976 that it will be presented posthumously. Mr. Fleischmann died March 25, 1987. The award is named for UB Law School alumnus Edwin F. Jaeckle, class of 1915, who was Mr. Fleischmann's close friend and law partner in the Buffalo firm that bears their names, Jaeckle, Fleischmann & Mugel. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. Fleischmann, a member of the Law School's Class of 1933, was also a partner of Webster and Sheffield in New York, and was a director of American Airlines and The Equitable Life Insurance Company, among others. President Harry S. Truman appointed him defense production administrator in 1951. Later, in 1965, Gov. Nelson Rockefeller named him a State University trustee and appointed him chairman of the New York State Commission on the Quality, Cost and Financing of Elementary and Secondary which became Education, known as the Fleischmann Commission. Convocation program participants and their topics will be as follows: *David G. Jay, a sole practitioner, will discuss "Procedures in Handling a Discrimination Case: The Employee's Attorney," and Thomas S. Gill, of continued on page 15 Inside ... Areas of Student Concern 2 Historical Overview of Grades 3 Res Ipsa Loquitor 9 Guild Perspectives 9 Off the Court 11 �SBA Committees Address Areas of Student Concern Dear Dean Filvaroff: The Student Bar Association's Subcommittee for Developing Student Issues has actively sought out and assembled the valuable opinions of our student body. These opinions were solicited and compiled over a three-month period. They have been divided into nine issue-areas: Carolyn Curriculum 1. Henry, Tammie Schultz, Alexei Schacht, Krista Hughes, Lisa Sizeland. John 2. Registration Bonazzi. 3. Advisement Kelley Omel. Karen Surber, 4. Library Rohan Marshall, Victor Arias. 5. Law School Ranking Derek Akiwumi, Domon Scrota. 6. Lounge/Cafeteria Chuck Johnson. 7. Financial Aid/Loan Forgiveness lan Fitzpatrick, Suzanne Unger. Maria Doti. 8. Child Care 9. Miscellaneous Jim McClus- — — — — — — — — — ky. Issue-area subcommittees undertook further investigation and now present their findings in this document. We trust that these reports will help you understand student perspectives and concerns. We are committed to improving our school, and have found that many members of the student body share our commitment.We rely upon your leadership and guidance, and sincerely hope that you will value and seriously consider our opinions. We wish to establish a cooperative and productive relationship with you so that together we may strive for even greater excellence in all we do at the Buffalo Law School. Consequently, we respectfully ask that you respond to this expression of our views in writing in our school newspaper, The Opinion. Respectfully submitted. The Subcommittee for Developing Student Issues Lisa Sizeland, Chairperson Law School Ranking by Derek Akiwumi and Damon Scrota Every two years. Dr. Jack Gourman publishes a report which attempts to rank the graduate departments in over 1,000 schools, as well as law school, both in the United States and abroad. In 1985, SUNY Buffalo's Law School ranking in the Gourman report dropped from 17 to 39, leaving many in UB law school's administration doubting its validity. One serious drawback of the Gourman report is that its author has refused to disclose his evaluating criteria and methodology to officials in either the American Bar Association or the American Association of Law Schools (The Opinion, February 26, 1985). Consequently, no authorities have been able to recheck the accuracy and validity of statistics that the ranking is based on. Yet, alternative measures need to be taken to ensure that resulting misperceptions do not damage the image of SUNY Buffalo's Law School in the community at large. Several steps need to be implemented immediately to ensure that prospective student and faculty members clearly understand the inaccuracy of the Gourman report's ranking 2 system. First, a statement should be issued clearly indicating the many shortcomings of the report. Additionally, this statement must stress concrete improvements presently taking place in the law school (including the appointment of a new dean, the work/research of nationally members, prominent faculty etc.). Finally, this statement should be circulated to members of the local bar association to ensure that they are kept abreast of the school's official stance on this matter. Child Care by Maria I. Doti While there is a child care program on the Main Street Campus, it provides a limited number of places. The only program on the Amherst Campus is a two-hour-a-day school program. Child care at the State University at Buffalo is inadequate when compared to the demand and needs of students, particularly those involved in rigorous legal study. As a progressive law school, we must support the access of non- traditional law students to legal education. Child care, which is responsible and flexible, is important to all parents; however, good child care is especially crucial to single parents, many of whom are women. Women traditionally lack the training and skills needed to obtain high paying jobs. Women displaced from their traditional roles as wives by divorce and widowhood are especially vulnerable to fluctuations in the job market. The Buffalo Model must assist those who are striving to improve their financial situations by obtaining advanced degrees. Because appropriate child care is both a university-wide problem and expensive, thereal challenge can only be addressed by the entire university working together and pooling resources. We, the student body, request that our dean be a leader in developing this area. Good, inexpensive, on-site child care makes sense. It is a draw to prospective faculty, students and staff. Advantages to the university include an increased market shareof top students, faculty and professionals who would choose our institution over another which was less generous. More secure child care arrangements also increase the morale of parents and their performance in the classroom and on the job. A strong child care program could also provide the opportunity for education, psychology, and other social science majors to have practical experiences while earning college credit as they work with or do research with young children. A program could also better utilize university buildingsmany of which have empty but fully heated basements. In particular, university dormitories such as the Governor's complex have empty areas and under-utilized kitchen facilities which would be ideal for young children. Areas of concern to law students include: I. Availability of Program 1. Lack of a full day child care center on the Amherst campus. 2. Need to extend day care hours into early evenings to as- The Opinion February 17, 1988 sist those who attend night classes. 3. Lack of cash subsidies to assist needy students to payfor on site day care. Subsidies could be included in financial aid packages or direct funding from student activity fees. 11. Flexibility of Law School Program to Suit Parents with Young Children 1. Make schedule of classes (especially for Ist year students) available early on so students can make adequate child provisions. 2. Administration and faculty must be more sensitive to the special needs of parents with young children and give adequate notice of changes in class schedules and make up classes. 3. More flexibility in exam schedules to allow parents to move exams which conflict with child care arrangements when an adequate substitute for child care is not available. Financial Aid by lan Fitzpatrick and Suzanne Unger Competition for Students and its Implications for Financial Aid Many students select UB Law because it is affordable. Few schools in the Middle Atlantic, New England, or Midwest have tuition rates which are on a par with ÜB. In addition, living costs for Buffalo are relatively low, enabling many students to maintain a decent standard of living. When these elements are factored in with the quality of UB Law School (arguably, it could be better), the choice to come to UB is an easy one for the serious-minded, cost-sensitive student. While the aforementioned factors remain strong selling points for UB Law, thefinancial aid program tempers an otherwise attractive program. Without a strong aid program, UB Law stands to lose qualified applicants to other law schools with stronger and more extensive loan, scholarship, and grant packages. Not only will UB lose qualified in-state applicants, but the Law School may find it increasingly difficult to attract out-ofstate students who improve the reputation of UB Law as a national law school. A wellrounded financial aid package would encourage many qualified applicants (both in-state and out-of-state) to seriously consider getting their law degrees from UB when they would not have otherwise consider UB Law. A prompt and effective response to the current financial aid crisis is needed in order to arrest a downturn in the perceived quality of ÜB's Law School. The lack of funds and theserious problems in processing financial aid damage the quality of theLaw School's student body in several ways. Recruitment efforts are hampered by the perception that this Law School cannot effectively ensure that matriculants will receive sufficient financial aid in a timely manner. Law school advisors and undergraduate professors are reluctant to recommend UB Law as an option to their most promising students, particularly if the prospective student's financial resources are limited. Current law students and alumni express similar reservations to prospective students. Consequently, the pool of highly-qualified applicants to the Law School is reduced. But the problems persist for students who enroll at ÜB. Preoccupied with ongoing and serious financial aid problems, law students are unable to concentrate fully on their studies and, in turn, contribute to the educational process at ÜB. For some students, this erodes the attraction of studying law here and may lead to increased rates of transfer and attrition. In fact, such forces for attrition are already underway as UB law students indicated in their responses to the Student Bar Association's financial aid committee proposals. (See Appendix A.) It is clear that some of our best students are ready (and able) to transfer to other law schools because the "cost" of inadequate and delayed financial aid at UB outweighs the benefits of continued study here. Students expressed a willingness to go into debt at other law schools which offer loan for forgiveness programs alumni who practice public interest law. Other students found the amount of support available at other law schools far exceeded loans, scholarships, and grants offered by ÜB. Still other students, who had turned down financial aid offers from other law schools in order to study at ÜB, are renegotiating financial aid packages with those schools in anticipation of transferring. Besides cutting into our pool of most qualified students, financial aid problems undermine our efforts to recruit and retain minority, older, and outof-state students. Ironically, this dilemma arises at a time when Dean Filvaroff has renewed ÜB's commitment to public interest law a goal which initially attracted a fair number of highly-qualified, minority, older and out-of-state students to the Law School. Now isthetimeto remedy the financial aid problems. Demographic trends suggest that the Law School cannot dally in correcting this grave problem. The competition for a shrinking pool of well-qualified law students is fierce. Other law schools know this and have assembled attractive financial aid packages which they deliver to their students. UB must do the same. — The Necessity of a Financial Aid Administrator The availability of financial aid for any given year is often a function of political and budgetary decisions made in Albany and Washington, D.C. As students have come to know, most changes seemingly have resulted in more forms, procedures, and delays for obtaining aid. In short, the aid process has been characterized by great complexity, bureaucracy, and frustration. The talents of a law school financial aid administrator are vitally important to students as they make their way through the aid process. By necessity, such an administrator must be knowledgeable about aid changes so that students can make their way through the process efficiently. This also requires good communication between the administrator to the students. As aid sources diminish, new sources must be found. An able administrator must be resourceful in finding new aid sources, and yet be creative in developing new programs which provide students greater financial security. The administrator must be able to identify and procure funding from foundations, alumni and members of the legal community. This would require a solid background in grantmanship and fund-raising as well as an ability to work cooperatively with alumni coordinators and other administrators in soliciting gifts. Currently, ÜB's Law School lags far behind other law schools in procuring grants and in alumni support. We recommend that the Dean and the financial aid administrator identify financial aid components which could be supported by grants from foundations and oversee the process of procuring those grants. In addition, alumni campaigns can be launched to raise both "merit" and "need-based" scholarships. As the Law School improves its record on financial aid, future alumni might be far more generous in their giving. Finally, the financial aid administrator would channel funds from the legal community aid from governmental sources to law school students. Funds for scholarships would be solicited from local bar associations. In addition, this administrator must realize the value of communicating with decisionmakers in Albany and Washington to ensure UB students get their fair share of aid. But closer to ÜB, there is a severe lack of cooperation between the Main Street Financial Aid and Student Accounts Office and the Law School. Law School students expressed extreme irritation about being caught in the middle of this battle. Several students reported that financial aid officers at the Main Street office said that they did not want to be involved in the complexities of administering financial aid to law students. Bill Hart reported problems in gaining the cooperation of the Main Street office. The Dean must not only ensure a truce but a permanent solution to thisadministrative difficulty. A pervasive feeling exists among UB law students that any mention of their financial aid problems to Law School administrators will only injure them. This attitude arises from the unwillingness of financial aid administrators throughout the University to lend assistance and from the utter lack of an appeal process to deal with administrative abuses. In addition, several students have reported threats of retaliation from Law School administrators dealing with financial aid. The financial aid job is too important to continue its underresourced status. Furthermore, it is unrealistic and unfair to burden students in quasi-administrative capacities with the responsibility of administering financial aid. This job requires an attention and commitment level that only a full-time, professional financial aid administrator can provide. Financial aid must be given a higher priority by the Law School and the Unicontinued on page 10 �Survey Distributed on Loan Forgiveness Program by Karen Comstock By the time this article is printed, everyone will have received a memo from me which included a fact sheet on loan forgiveness programs and a survey designed to collect the information needed to get the ball rolling to implement a loan forgiveness program at ÜB. The results of the survey will be used to put together a proposal that will be submitted to Dean Filvaroff. Just saying, "Hey, we want a loan forgiveness program" is not enough. The first step to making loan forgiveness a reality is determining student interest, level of debt burden and level of participation. So please read over the fact sheet carefully and take five minutes to fill out the survey. It's a small effort, but one that could bring a great reward! What is loan forgiveness? A loan forgiveness program assists graduates accepting low-paying work in the public interest sector in repaying their educational debts. The public interest sector is usually defined as employment with nonprofit organizations and the government. Loan forgiveness works in two phases. In the first phase, the graduate in eligible employment is provided with loans for the amount by which his or her annual loan obligation exceeds a stated percentage ofhis or her income. In the second phase, if the graduate remains in qualifying employment for a given number of years, then his or her entire loan is forgiven. The graduate's remaining payments (still owed to lenders) are also paid by the program. If, however, the graduate leaves eligible employment before the designated number of years has passed, then he or she must repay a specific per- centage of his or her program loan. Thus, the longer the graduate remains in eligible employment, the less he or she repays, until finally the entire program loan is forgiven. Why loan forgiveness? Tuition is skyrocketing and the cost of living is rising steadily. These factors are causing dramatic increases in the educational debts shouldered by law students, and this debt burden is increasing for each successive graduating class. Unfortunately, salaries for public sector/public interest jobs cannot compete with this escalating debt burden. High debts combined with low salaries are forcing too many students to make their career choices solely on the basis of financial necessity. A loan forgiveness program would make employment in the public interest a realistic possibility for the graduate with a Historical Overview of Grades by Damon Scrota Law school grades traditionally stimulate many hours of heated discussion among law students. An ongoing controversy in this area contrasts competitive personalities against those who feel hierarchical rankings entail a loss of individuality. An examination ofSUNY at Buffalo law school's ever evolving grading system provides valuable insights into this difficult subject. The University of Buffalo law school's original grading system ranked student performances with percentages. Each correspercentage range ponded with letter grades as follows: 59 to 64% F, 65 to 69% D, 70 to 75% C, 76 to 81% B, 82 to 90% A. This system's competitiveness induced large amounts of stress that many considered counterproductive. Many years passed before the seeds of change took root in the foundations of the law school. The University of Buffalo's merger with the State University of New York on August 31, 1962heralded thecreation of an enormously diverse student body. Increasing enrollment forced a drastic metamorphosis upon both faculty and students. Frank C. Moore, chairman of the SUNY Board of Trustees in 1962, expressed concern over this development when he stressed that "the first goal of the law school should be excellence of education rather than enlargement of enrollment." (The Opinion, December, 1962, pg. D. A combination of diversity and student malaise assisted the formation of an Ad Hoc Student/Faculty committee in November of 1968. The committee planned to review perceived inequities in the law school's grading and probation (The system Opinion, November 1968, pg. 2). No significant action on these issues emerged until a group of first year students developed a list of reform proposals in April of 1969. These students proposed the measures: following the abolishment ofnumerical grading for the purpose of rank, the implementation of a quartile ranking system, anonymous exam taking and a switch to a — — — — — Fail (F), Pass (P), High Pass (HP), Honors (H) and Distinction (D + ) system (The Opinion, April, 1969, pgs. 2-4). These individuals felt this system would increase a student's incentive to participate in classroom discussion. Critics of these proposals contended the promotion of excessive and irrelevant classroom discussion would turn law school into a personality contest. They also pointed out the proposal's heavy reliance on a professor's objectivity and on relatively small class size (The Opinion, April, 1969, pgs. 2-4). The numerical ranking system expired during the last minutes of a decade when the law school implemented a new grading system on Friday, December 19, 1969. The switch to an Unsatisfactory (U), Qualified (Q), and Honors (H) grading terminology received an overwhelming student ratification when 286 out of 370 students voted in favor of it in a referendum. A grandfather clause made these reforms inapplicable to present juniors and seniors. However, a student could only graduate if he or she received the number of satisfactory credit hours required by the New York State Court of Appeals. (The Opinion, December, 19, 1969, pgs. 1-4). Many criticisms were leveled at this new system. The main argument opposing it maintained that it did not control for many other appropriate variables such as the type of elective courses that the student chose to take, the grading habits of professors, and superior performance in legal writing classes and in extra-curricujar activities. Its main negative drawback, according to critics, appeared to be a shift in the burdens of evaluation from faculty to employers. (The Opinion, December 19, 1969, pgs. 4-6). The new system was not loved by all. An article by Bill McTiernan in October of 1970 noted that good students who traditionally fell just short of the excellent range felt that there was something wrong with the new system if the Q range grouped above average, aver- age and below average law students into one category. McTiernan also proceeded to point out that many others approved of the system because it reduced stress, allowed faculty members to insert letters into a student's file if he or she received a borderline H-Q grade, and encouraged employers change to their methods of evaluating law school graduates. (The Opinion, October 30, 1970, pg. 2). The alteration of the grading system initially resulted in a great deal of confusion. The development of a hybrid H*, H, Q, D, U provoked the comment that "while some professors awarded HD's (Ht's) as they would A's, others took it to be a rare animal to be awarded to a brilliant student once in two years. Likewise, the H was considered by someto show'better than mediocre' work while others considered it to be a mark of high achievement." (The Opinion, December 16, 1971, pgt. 2). At one point, the New York Court of Appeals even refused to certify a number of SUNY at Buffalo law graduates because of confusion overthe meaning of an Unsatisfactory (U) grade. The sentiment for a more conventional system remained vocal until April of 1972 when law school administration officials announced that "Juris Doctor requirements will match those for certification for the bar." (The Opinion, April 20, 1972, pg. 3). The system at this point switched to an HD/Ht, H, Q, D, F/U format. Further refinement resulted in an HD, Q, D, F system by the spring of 1973. (The Opinion, September 20, 1973, pg. 7). Protest colored the start of the Spring 1974 semester as first year students vehemently opposed "a December 5, 1973 faculty decision to revise the grading system, changing it from a four tier to a five tier structure ." (The Opinion, January 9, 1974, pg. 1). A Student Bar Association endorsed freshman referendum resulted in a four tier ranking system. However many upperclassmen faced with the approaching realities of the job market preferred a five tier system. (The Opinion, March 12,1974,pg. 1). .. continued on page 14 strong commitment to public service. Who is eligible for loan forgiveness? We will be modeling our proposal on the provisions of loan forgiveness programs already in effect. (The law school has a self-interest in implementing a loan forgiveness program. The program will attract a more diverse student body, thereby making the law school more competitive with all schools, and in particular with those law schools that currently have loan forgiveness programs: University of Chicago, Columbia, Cornell, Georgetown, Harvard, Michigan, Northwestern, New York University, University of Southern California, Stanford, University of Virginia and Yale.) The following summary will give you an idea of the specific eligibility requirements usually in effect to qualify for loan forgiveness: (1) Eligible Graduates: Most loan forgiveness programs are open to graduates in attendance at the time the program was first implemented, and all successive classes. (2) Eligible Employment: In the vast majority of currently existing programs, the graduate's employment must be full time, law related, public interest (usually non-profit and government) work. (3) Eligible Income: Each program has a maximum income level which the graduate's salary cannot exceed in order to remain in the program. The maximum income level is generally around $30,000. In a loan forgiveness program, qualifying graduates are expected to apply a specified percentage of their earnings to their annual obligations for educational loan repayments, and the program lends the graduate the amount needed for the remainder of these obligations. The closer the participant is to the maximum income level (e.g., $30,000), the more he or she is expected to contribute to his or her loan payments. If the graduate works in qualifying employment for a specified period, his or her program loan is forgiven in whole or in part, depending on the length of time employed. What can I do to help? The first thing you can do to help is take five minutes to fill out the attached survey, and place it in the box marked "Loan Forgiveness Survey Responses" in the mailroom. The bottom line question to answer in order to successfully implement a loan forgiveness program is "how much will it cost?" While the answer to that depends upon many variables, not all of which can be pinpointed in advance, the information gathered on the survey will help to come up with a ballpark figure that will help to formulate a strategy to overcome the biggest hurdle of all —funding. I will leave the survey response box in the mailroom for a week. That should give everyone plenty of time to respond. If you are interested in lending a hand at any point during the loan forgiveness program campaign, indicate this in the "Comments" section of the survey. New Faculty Appointments Candidates Interviewed by Damon Scrota The Faculty Appointments committee continued interviewing candidates last week while two previously interviewed candidates accepted offers from the committee. Minority candidates Rory Snowarrow Fausett (Native American) and Muhammad Kenyatta (Black) met with faculty and students soon after it was announced that Lucinda Finley and Peter Pitegoff were hired. Lucinda Finley, former associate professor of Law at Yale, graduated from Columbia University School of Law with a Juris Doctor degree in 1980. She was articles editor for Columbia Law Review and received both the Samuel Rosenman Prize for Academic Excellence and Public Service and the Emil Schlesinger Labor Law Prize. Her most recent prior employment includes working as an attorney for the Washington, D.C. firm of Shea and Gardner and as a law clerk for a judge on the U.S. Court of Appeals. She is currently involved in two research grants: one from the Rockefeller Foundation to study gender and professional socialization and the other from the National Institute for dispute resolution in prospects or alternatives to litigation of toxic tort disputes. Ms. Finley's teaching areas will most likely include labor relations, employment law, toxic torts, and feminist legal theory. Hopefully, she should be able to join us by the fall 1988 semester. Peter Pitegoff, currently in practice in Massachusetts with two attorneys, received his Juris Doctor from New York University School of Law in 1981. He has worked as a community organizer with such organizations as the Citizens Action League in Oakland and the National Association for the Southern Poor. He comes from a law school that is a leading national center in the area of local, state and federal intergovernmental relations. Mr. Pitegoff was hired to teach a clinic position in nonlitigation legal work; all current clinics at the law school deal with some aspect of litigation. The clinic will most likely focus on some aspect of economic development in Western New York and may also include a small-business planning component. Rory Snowarrow Fausett received an M.S. in fibre and polymer chemistry from the University ofWisconsin in 1973 and a J.D. from the University of Wisconsin Law School in 1986. He served as a battlefield platoon company commander in Vietnam and was awarded continued on page 15 February 17, 1988 The Opinion 3 �Higher New York State Drinking Age Is Defended by Jeff Markello On January 18, 1988 I changed my mind. I had always thought that a legal drinking age of 21 was some kind of infringement on my individual civil rights. Now I've come to understand that it's all a matter of whosecivil rights you're talking about. We've all said or at least "Hey, I'm old heard it before enough to be drafted to fight, let me drink." Is there any logic to this at all? I think not. The statistics are clear. Those states that have raised their legal drinking age to 21 have decreased the incidents of DWI and other drinking-related accidents dramatically. Studies show that those people under 21 are very high risk candidates for alcohol-related problems as well as accidents in general just ask your car insurance agency. The argument continues with, "Don't let a few bad apples ruin it for the rest of us." The reality is that the few bad apples in the bushel carry with them too much potential damage. The body of a 19-year-old male is typically full grown with powerful muscles. At the same time, his mind is still undergoing transformations, developing, and learning as he continues his search for an identity and niche in our social struc- .. .. ture. I hate to refer to someone under 21 as a mental midget, but unfortunately I'm afraidthat thereare some who still haven't learned social skills necessary to get along with others without imposing a physical element or a threat of violence. Well, here's my concern. Buffalo is New York State's second largest city and unfortunately the drinking age is one very important New York Statute that is totally ineffective in Erie and Niagara Counties. As residents of these counties, we do not enjoy the potential benefits associated with an increased drinking age forthe sole reason that Ontario is only a $.50 toll away. The legal drinking age in Canada is still 19. Some think that a lower drinking age is the answer to alcohol abuse because it would allow more teen-agers to experience drinking in a family setting which would lessen the aura so often associated with alcohol by our younger counterparts. Those who subscribe to this point of view will often point to the European nations and note the more relaxed mentality thatalcohol isapproached with by their teen-agers. Well, I no longer buy that argument and have adopted a more cynical approach to the maturity of USA teen-agers. There would have to be broad sweeping cultural changes before we could start to align our attitudes and behaviors with those from Europe. I don't mean to generalize across the entire American population under the age of 21 because I think this group includes plenty of good people with the maturity and self-control to drink a few social beers and have fun. Most of us are fully capable of handling our beer and enjoying good company in a civil manner. Unfortunately, it only takes a few who let their beer handle them and use this as an excuse to release some anger and hostility on others (friends and strangers alike). The real issue involved here for those under 21 is not whether you can handle yourself at a bar, but rather the fact that you cannot handle the rest of the strangers who are also sharing the same atmosphere. People tend to frequent bars in which they can find others like themselves. As most students know, bars in Fort Erie specialize in crowds under the age of 21. Do you really want to be jammed in a bar with a crowd of complete strangers? Who are these other customers? How mature are they? How much have they been drinking? Might they have antisocial or violent predisposi- t tions? Can you trust them if your back is turned?Your safest answer is always to expect the worst from the other guy. Remember driver education class? Howabout theBoy Scout motto "Be Prepared." Take it seriously if you're in a crowd with any unpredictable individuals. Unfortunately, my cousin and his family learned these answers the hard way,the hardest way of all. On January 18, my twenty-year-old cousin, Scott Hammond, died because he didn't anticipate the dangerousness of a drunk stranger. Seventeen hours prior to his death, Scott and some buddies were leaving a bar in Fort Erie, Ontario. It wasn't his fault that there were a few of the "bad apples" left out the door right behind them.Thefacts are simple. Scott was a large athlete with excellent coordination. Because he failed to even attempt to break his fall in any way, one can infer that he was totally unsuspecting of foul play. Scott was hit in the jaw by a stranger's fist. He fell to the pavement without cushion to his head. He suffered massive head and brain injuries that would ultimately take his life. He had had hardly anything to drink, in fact doctors claim that the amount of alcohol in his blood was not even measurable. His assailant was totally unprovoked, and got away. continuedon page 15 \ . What is the only essay writing course for the New York Bar Exam taught by an attorney formerly w associated with the State Board of Law Examiners? A V 0 The HBJ Essay Advantage,™ taught by PROFESSOR LEONARD LAKIN. For more information, contact The HBJ Essay Advantage,™ 415 Seventh Avenue, Suite 62 New York, NY 10001 (212) 695-2439. 4 The Opinion February 17, 1988 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. phone: February 17, 1988 The Opinion 5 �Law Review Selection Process Deemed Undemocratic by John J. Bonazzi It is time for the people on the sixth floor to reassess the process by which students are selected for membership to the Buffalo Law Review. In fact, what I propose is that people no longer be selected; that they instead by given the opportunity to decide if it is something they wish to do. In short, it is time to make the Law Review a democracy. Presently, students are offered associateships based on their grades and a writing competition, or their paper alone. There are a number of problems with this. First and foremost, the factor most responsible for membership— grades —is an unreliable one at best. As was stated in the last edition of The Opinion, grades are based on exams, and do not accurately reflect the true measure of a accomplishment. student's That they are used as a basis of selection is illogical and unfair. Secondly, the writing competition held is a poor means of selecting a person for such a scholarly enterprise. The requirements of Law Review entail sophisticated analyses of issues and high-quality, in-depth writing. However, what the writing competition demands is lowquality journalism with an overreaching emphasis on getting your "product" to not exceed eight pages. Who can write something meaningful in eight wide-margined pages? The result is a "competition" to see who can cram the most material onto the footnote pages. Despite the difficulty in writing a truly good paper, the grades-and-paper analysis of students is the one used to determine who makes it and who doesn't. This is unfortunate, as many students with great scholarly, analytic, and writing abilities, but with only average grades, are denied the opportunity to take part in the only scholarly activity in the law school. The solution is to open up the Law Review, what one student called "the last bastion of elitism at ÜB." Anyone desiring to participate in this scholarly undertaking, and willing to do the required work, would be eligible for membership. The membership would elect the editors. Students then could elect to take part in this worthwhile endeavor or put their time into another activity, such as a parttime job or volunteer clerkship. The present system is one which fosters elitist snobbery and, more importantly, closes the Law Review off to the vast majority of UB law students. As part of the law school, it should be open to all who desire to make it an important part of their legal education. Let me make it crystal clear that the snobbery I refer to is systemic and not personal. I feel that most law reviewers are not only bright students, but good people as well. These fine students should not be faulted for the present system; although they are part of it, they did not create it. Yet, it is troubling that these students with the power to on their own are the ones who stand to gain most by retaining it. We must hope they will put what's best for the entire law school before what's best for them and their resumes. Law Review should be more than resume fodder. If they do not consent to this willingly, then students should demand thatthe administration and/or SBA change this policy for them, so that all students wishing to develop their writing and editing skills and enhance their legal education may do so. Inability to take a test or put enough footnotes on a page should not render one ineligible for participating in a valuable educational exercise which deserves to be a part of the law school experience for all students. Substance Abuse Certification in NYS The New York State Division of Substance Abuse Services (DSAS) today announced the formation of a Certification Advisory Board to recommend policy and action on the development of a certification process for substance abuse counselors in New York State. An estimated 2,000 professional substance abuse counselors are currently employed by State-funded and proprietary substance abuse treatment programs in New York State. While no formal State certification has yet been developed for these therapists, New York State has set minimal staffing qualifications for professional counselors. Under the new Certification Advisory Board, New York State will begin the necessary steps to develop and implement a formal certification for these professionals. DSAS Director Julio A. Martinez said, "We are pleased that we will be working closely with a group of New York State's most knowledgable and innovative leaders in the human services field on this important project. It is our expectation that in establishing a professional certification system, sub- stance abuse counselors will achieve wider recognition and acknowledgment of the vital and often life-saving services they provide." Martinez emphasized that the certification system should be flexible, taking into account the diverse backgrounds of personnel in the substance abusefield. "It should also be in line with certification systems in other states to ensure reciprocity and enhance career mobility for certified substance abuse counselors," he added. Substance abuse counselors provide a variety of services in- cluding individual, group and family therapy to individuals who enter treatment for substance abuse and/or substance dependence. Individuals may be treated in a drug-free outpatient, day service or residential setting, or in a methadone maintenance or methadone-toabstinence program. _. Members invited by Director Martinez to participate on the Certification Advisory Board represent a diversity of organizations and disciplines including educational institutions, mental health agencies, professional licensing organizations, methadone maintenance treat- MHlJß*ii"fci,... ,:> y Ik change this sad policy ment programs, drug-free outpatient and residential service providers; and community service agencies. The Certification Advisory Board will be charged with: reviewing issues and research findings related to substance abuse counselor certifi- — cation; — developing a framework for a certification system, consistent with the guidelines developed by the Certification Reciprocity Consortium/Alcohol and Other Drug Abuse, Inc., a national organization of state certification authorities; and developing plans for and implementing a competencybased certification system that recognizes the accomplishments of personnel in the substance abuse field and sets and maintains standards for quality assurance. The Division anticipates that the substance abuse counselor certification system will be functional within eight to twelve months after the first meeting of the Certification Advisory Board on February 22, 1988. New York State Senator Guy Velella and New York State Assemblyman Eliot Engel will serve as co-chairs of the Certification Advisory Board. — ' \?fWlcSk "•! The Marine Corps Officer Selection Team will be on campus TUESDAY, FEBRUARY 23 in the Career Development Office to conduct interviews. If you would like to arrange for an interview, or would like more information, see Ms. Audrey Koscielniak in the Career Development Office or call us toll-free at 1-800-367-8762. The 6 Opinion February 17, 1988 �OpMTinahiolbeox . Recent Faculty Statement Is Seen By Some As Intolerant Tolerance, by definition, embodies respect for ideas and statements one has a tendency to find objectionable. It does not necessarily entail acceptance, but simply enough respect to allow oneself to exercise the restraint necessary to refrain from attempting to excise the viewpoints of others from public discourse. That the faculty of this law school would unanimously endorse a "regulation" with the express intent of chilling to the point of non-existence certain forms of speech under the guise of "tolerance," is at best misguided; we view it as an outrage. With this in mind, we endorse and submit (with his approval) the following analysis of the faculty "Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" by Thomas L. Jipping for the consideration of students and faculty alike. Kenneth D. Neeves, Third-Year Law Student James P. McClusky, Third-Year Law Student On October 2, 1987, the SUNY-Buffalo Faculty of Law and Jurisprudence unanimously passed a "Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment." The statement condemns "acts of harassment, intimidation, and assault" and states unequivocally the faculty's commitment "to take strong and immediate steps against any and all such behavior." It would seem, as the statement's title suggests, that prohibiting such harassment would serve to enhance intellectual freedom and tolerance. Unfortunately, the statement contains much more. Beyond stating the faculty's commitment to end unacceptable forms of conduct, the statement also declares the faculty's equally strong commitment to end unacceptable speech. This section of the statement should make all persons protective of First' Amendment values male and female, liberal and conservative swiftly and openly reject it. This section states that "it — — . that should be understood racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and howeverthey occur." This intellectual litmus test exists because of the "responsibility to promote equality and justice" that law students assume when entering a law school, a responsibility that serves to temper "each student's absolute right to liberty of speech." Aside from the question of how an absolute right can be tempered in the first place, this statement begs several questions. The first is who will apply the litmus test, who will monitor the content of their col- leagues' speech. Since speech which goes awry will receive the faculty's condemnation, the fine print suggests thatthe faculty's judgment will ultimately decide which remarks are forbidden. Will a student's report to a fac- ulty member of hearing a potentially insensitive statement be sufficient? The Opinion piece of December 1,1987, was actually an editorial masquerading as news. Did you catch this part: "The faculty statement should be applauded and embraced by every student who believes in equality and decency"? Nevertheless, it did point out the ambiguity of this litmus test's mechanics of application. The second question is what definitions this litmus test will contain. All the faculty statement lists is labels which, when applied, will result in faculty condemnation. It seems to assume that these labels have self-evident, not to say self-contained, meanings. They do not. Such labels signalling punitive sanctions used to be considered, in the absence of any definitions or guidelines, overbroad. The third question is where the faculty will apply this openended, arbitrary litmus test. Actually, the statement provides some guidance here. It says the litmus test will operate "wherever and however" the offend- Which bar review really lays down the law? i 1 —i^" i I Bar reviews that provide "outlines." L_l Kaplan-SMH Bar Review Services which provides you with full narrative texts for all ofthe subjects you will see on your bar exam. ing remarks are made. The hallway? Norton cafeteria? The classroom? A student organization meeting? The statement is quite clear anywhere. The Opinion piece quotes Professor Charles Carr's clear emphasis on the classroom as a prime location for the attitudirxal censor to operate. He would go beyond the wide range of prohibited speech in the faculty statement and oppose even "a statement that shows some kind of insensitivity." What kind? How insensitive? Measured by whose sensitiveness? Fourth, against whom is the litmus test directed? Students only? Will the faculty enforce this statement on themselves? Can they be trusted to do so? Does their speech pass the litmus test by definition? It might seem so since the Opinion piece quotes Professor Isabel Marcus's explanation that "something had to be said to the students." Nevertheless, I remember clear statements "based on prejudice and group stereotype" by professors against persons from certain geographical locations, members of certain religious groups, and the like. Apparently these statements are not on thechecklist. The statement has a catch-all, in-case-we-missed-anything phrase, "as well as other remarks based on prejudice and group stereotype," to prevent any stray comments from slipping by the censors. Webster's defines "prejudice" as "an opinion, judgment, or evaluation based on what seems valid to one's own mind." What comments, remarks, or other speech by anyone is anything but based on prejudice so defined? Is it the purpose of thisfaculty statement to force some individuals, in some situations, to express opinions or judgments based on what seems invalid to their mind (but perhaps valid to the faculty's)? Or does the faculty statement really mean the other part of Webster's definition: "a bias against a race, creed, group, or the like"? There is no way to tell whether the faculty statement in fact utilizes this more politicallyspecific definition. This is but another example of labeling without definition. Here we have it, ladies and gentlemen: a remark made by a student in class whether sincerely believed, used as rhetoric, or with a particular meaning in mind (the statement does not allow for any such distinctions) considered by the professor to be based on prejudice using whatever definition of that term and applied with whatever criteria will be swiftly and openly condemned. Can anyone doubt that this scenario should be included in Black's Law Dictionary as an example of the "chilling effect"? Can anyone doubt how such a hypothetical should be treated on a Con Law II exam? Can anyone doubt that such a situation could become reality under this faculty policy? This section of the faculty statement is an open-ended, content-based mechanism for the suppression of views and statements deemed inappro- — .. — — Ask The Right Questions, Get The Right Answers* David Fretz Krista Hughes Leslie Gleisner Deborah Morel - Peter Ryan FlintlM JtXI CMU (l|V\n /\I\~3JVIH L V IBAR REVIEW SERVICES Ek ©1987 Kaplan-SMH Bill Hair Michael Lamica — — Greg Maxwell Lisa Sizeland I See your Campus Rep, or call: BUFFALO AREA Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Nia9ara Falls Blvd. Tonawanda, New York 14150 (716) 837-8022 continued onpage 14 February 17, 1988 The Opinion 7 �The Opinion Mailbox OPINION $S" STATE UNIVERSITYOF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 28, No. 9 February 17, 1988 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Photographer: Joseph Conboy Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Maria Doti, lan Fitzpatrick, Shawn Griffin, Thomas Jipping, Frank Loss, Jeff Markello, Lisa Morowitz, Suzanne Unger. S Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial "We Have To Start Somewhere" As noted in this issue's Guild Perspectives column, Governor Cuomo's Executive Order 28 prohibits state agencies from discriminating on the basis of sexual orientation, and a SUNY Board of Trustees resolution demands "fair treatment" of students and employees on SUNY campuses. Both of these policies, as author Morowitz points out, should support the adoption of a non-discrimination policy by the law school's Career Development Office and to a prohibition of on-campus recruitment by the Judge Advocate General Corps of the U.S. Armed Forces, which openly discriminates against homosexuals. The law student body has been fighting the presence of JAG on campus for several semesters in an effort to help bring an end to sexual-preference-based discrimination. It is important now that the student body stand behind policies which promote non-discrimination and express strong disapproval for the unfair practices which the CDO will allow to take place. Such discrimination is an unfortunately widespread problem and is not confined to the practices of the JAG Corps. Blatant, although not physically violent, attacks on homosexuals within this student body took place a year ago and the scars from those attacks are still visible. In an effort to assure that this kind of revolting inhumanity does not take place again, the law school faculty drafted its "Statement on Intellectual Freedom, Tolerance and Prohibited Harassment" which the above resolutions would tend to support, but which has come under some criticism in this issue of The Opinion. As with any formal resolution which addresses sensitive issues, there are problems with the faculty statement. However, it must be kept in mind that its purpose was not to stifle intellectual debate nor to prohibit the intelligent, responsible expression of opinions which, though sincerely felt, are not especially popular. The statement was drafted in response to a situation which was clearly problematic and extremely dangerous. Certain points of view and certain ways of life were being denounced, not by an expression of differing opinions, but by anonymous, angry and hurtful attacks. Differences of opinion expressed both inside and outside the classroom can be and are constructive means by which we can become better educated. Racist, sexist, homophobic, ageist and ethnically derogatory attacks in any form can only lead to destruction and pain. The faculty has attempted to draw some lines, a process which is inevitably fraught with difficulties. But putting an end to bigotry and discrimination has to begin somewhere, and the positive, constructive aspects of the faculty statement must not be overshadowed by its perceived shortcomings. 8 The Opinion February 17, 1988 from page 7 Faculty Statement Unconstitutional? by Frank Loss Last semester the law school faculty unanimously adopted a Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. The statement was issued in response to incidents harassment and involving threats against gay students and feminist women on this campus. The faculty felt it necessary to officially condemn such conduct and to issue a warning that those responsible would be strictly disciplined. The statement also contained this troublesome passage. "By entering law school each student's absolute right to liberty of speech must also become tempered by the responsibility to promote equality and justice." Can equality and justice only be achieved by limiting student .. ... End Undergraduate Bashing To the Editor: This afternoon, I read with interest Derek Akiwumi's article on the "library crisis" (lions and tigers and undergrads, oh no!) before entering the law library to do some studying. Upon seating myself at a table on the second floor study area, I counted fifteen persons, all but one of whom I know to be a law student, responsibleforthedin. Across from me was an undergraduate quietly doing his math homework. My experience does not lead me to believe that this was an isolated incident of a few law students gone crazy, but rather that it is the norm. Perhaps rather than embarking on a crusade to eliminate those of a lower class (the non-degreed people) from our fiefdom, we as law students should first look to what we can do to make our own community a better community. In this way, we might be able to end the "crisis" without interfering with the primary mission of the State University of New York accessibility to educational services and facilities for all. Sincerely, Kenneth D. Neeves — Insensitivity Must Be Abated Dear Editor: There are many reasons why people choose to attend the University at Buffalo Law School. For myself, it was the commitment to social equality that I perceived to exist within the confines of this institution. But, as has become apparent to me in many areas, fiction can be separated from reality. The most glaring example of this exists with regard to those who are physically challenged. On the one hand, the Law School administration professes the great achievements that have occurred in the fight against discrimination. Yet, on the other hand, the administration has only paid lip service in providing those who are physically challenged with the same opportunities as those who are not. As a result, the physically challenged must also fight the bureaucracy in order to obtain the same education that is "allegedly" guaranteed to all within the United States. The most blatant example of this institution's nearsightedness exists within the architectural design of the first and second floor lecture halls. On the first floor only a sparse number of spaces in the last row are provided for those who need it. Since ramps are not provided, these students are often cut off from the rest of the class and may not even hear or see the lecture that surrounds them. The second floor lecture halls were designed just as poorly. These same students must sit below everyone else, as no desk space or ramps are provided. In effect, one must use his or her lap as a desk. Students encounter another obstacle when trying to enter or exit the building. Of all the entrances to O'Brian Hall, only the outer door of the southeast entrance is mechanically sensitized for those who require additional assistance. These specialized entrances are essential to people who are physically challenged, especially in a city when the days can be very windy and the entrances are often iced over. It can be very disheartening (not to mention frustrating) to have to waitfor someone else to walk by in order to gain access to the building. The last of the problems I am chronicling exists for students as a whole, but particularly affects those who are visually impaired. To say that many of the printed materials we purchase are illegible would be an understatement. For those who are visually impaired, this presents a special problem as total concentration is crucial when reading the required materials. The insensitivity shown by many professors and staff is atypical of this institution as a whole. It takes very little to review one's supplementary materialsand recopythosethatare hard to read. If the original is in bad shape (a common excuse), many students would find it beneficial if the professor expended some energy and retyped it so that the whole class might benefit from the supplementary reading. These are but a few of the many problems that exist for those who are physically challenged. Indeed, there are many more, including restroom access, bus service, and the ticketing of handicapped vehicles. Much needs to be done to end what I perceive to be a glaring example of the inequity that still exists within our society. I ask only that the Law School and university administration expend some energy so that this problem may be solved as expeditiously as possible. The administration knows it's in violation of federal law, so what other incentive could it be waiting for in order to prevent a law- suit? Though I, and many others, would like to practice our skills, this should not be the issue nor the place where they are tested. The administration's blindness is curable. As many have overcome their physical disabilities in order to attend law school, let us hope that the administration opens its eyes and attempts to rectify a problem that must be dealt with. Christopher Reo Law Student speech? It worries me that our comfortably endorse this notion. I always thought it best to encourage, rather than temper, student expression and discussion. In the next sentence the faculty informs us exactly what kind of speech does not promote equality and justice and that they will decide when student speech should be tempered, stating "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype will generate swift [and] open condemnation by the faculty, wherever and however they occur." This ambiguous statement provides little guidance to those studentswho might wish to "temper" their speech. Is it always clear when a statement is racist, sexist, homophobic or anti-lesbian? I asked a student, if during a Family Law class someone commented, "A lesbian parent should never be awarded child custody over a heterosexual parent because the gay lifestyle is immoral and impairs healthy mental, emotional and sexual development," would such a statement be considered "anti-lesbian" and therefore subject to "swift and open condemnation" by the Professor? He could not provide an answer and suggested that perhaps it was best not to say anything at all. Assuming that the above statement is "anti-lesbian," should it be condemned in a classroom setting? It is possible the student believed the statement to be true and perhaps it was made with malice. On the other hand, maybe the student knew it was a fallacy, but used the statement to engage other students in the discussion or to hear responses to such an argument. Should not the law school encourage such debate in class? Is it wise or even appropriate to allow the faculty the discretion to dispense "swift and open condemnation"? What would condemnation entail? Do we trust the faculty's judgment about when speech should be "tempered" and condemned? Should we? Would it not be more constructive to ask professors to lead a discussion the statement concerning rather than condemning it and risk increasing student apprehension about talking in class? I do not wish to minimize the seriousness of the harassment problem, nor the need for an effective policy to prevent harassment in the future. Students should be aware of the quoted passage, the questions it raises and whether it is the appropriate policy for this law school. Remember, the U.S. Supreme Court recently ruled that a high school could censor student newspaper articles which conflicted with the school's "educational purpose." Although it remains unclear whether this principle could be applied to institutions of higher education, what could happen if the new dean or a majority of the faculty felt a student rally or an editorial in The Opinion conflicted with the law school's duty to promote "equality" and faculty can .. "justice." . �Res Ipsa Loquitor . by Daniel Ibarrondo A Month Is Not Enough For Tribute To Black Americans ".. the color of the skin is in way connected with strength of the mind or intellectual powers ..." Benjamin Banneker (1796) no This month, February, the nation will be paying tribute to black scientists, inventors and pioneers. It's a shame that we only dedicate one month of the year to commemorate blacks who have contributed immensely to the foundation, growth and development of these United States. It's more of a shame that a vast amount of historical education in our public and private schools ignores the contributions that blacks have made to our society. This lack of education has created many myths which have permeated and continue to grow in the minds of our youth and adults. While this is not an opportune time to dispel some of these myths, for I trust that with a little curiosity and yearning for knowledge and understanding we can dispel these myths and prejudices on our own, it is a time to acknowledge blacks who have explored America and toiled in her land. As we drive our cars and cross the streets, we take for granted the everyday convenience and safety provided by the traffic light. Garrett A. Morgan (1875-1963) invented the automatic traffic signal which became the forerunner of the overhead and sidewalk traffic lights that we use each day. Mr. Morgan also saved the lives of many workers with the gas mask he invented when a tunnel being constructed under Lake Erie exploded. He was summoned, along with his brother, to save the trapped men. This mask also saved the lives of many of our soliders who fought in World War I. When we walk through our streets at night and marvel at the electric lights and the telephones on our corners, we can all thank Lewis Howard Latimer (1848-1928). Latimer was hired by Alexander Graham Bell to prepare blueprints for his new invention, the telephone. Latimer, a highly skilled draftsman, also improved the quality and life of the carbon filament used in the light bulb. This was probably his most important invention. He was able to bring electric lights to the streets of New York, office buildings and subways. Walking towards the supermarket we see those refrigerated trucks unloading the fruits and vegetables we love to eat throughout the year. Frederick McKinley Jones (1892-1961) invented the refrigerated truck, ship, railway car and airplane. He also invented the ticket dispensing machine used by movie houses and a special refrigeration unit that would keep blood serum fresh for transfu- sions and medicines. Benjamin Banneker (1731 1806) was a surveyor on the sixman team which helped design the blueprints for Washington, D.C. He selected the sitesforthe U.S. Capitol building, the Treasury building, the White House and numerous federal build- - ings. Andrew Jackson Beard (1849 -c.1921), invented the "Jenny" coupler used for securing railroad cars together. Many railroad men lost fingers, arms and hands before this invention. We cannot forget the contribution made not only to the citizens of the United States, but to the entire planet by Dr. Charles Richard Drew, inventor of the blood bank (plasma). Millions of lives have been saved thanks to the genius of this man. His invention continues to save the lives of our families and friends. Like all the other black inventors, history was not fair to Dr. Drew. Involved in a car accident in 1950, Dr. Drew died because he did not receive immediate medical attention following the accident. Discrimination at nearby whites-only hospitals did not allow him the blood transfusion needed to save his life. A directive from the War Department prohibited the mixing of blood from white donors with that of black donors. As we commemorate the contributions made by blacks, let's pray that we are given the foresight to remember that we are all citizens of this great nation. Hopefully, we will avoid participating in the blunders of history and expand on Dr. Drew's statement (following the War Deparment's directive) that "the blood of individual human beings may differ by blood groupings, but there is no scientific basis to indicate any difference in human blood from race to race." Guild Perspectives by Lisa Morowitz CDO Continues To Allow JAG Access To O'Brian Hall A letter was recently placed in the mailboxes ofall first- and second-year students inviting an inquiry into the possibility of joining the Judge Advocate General (JAG) program of the U.S. Armed Forces. In specifying the details of the program the letter left out one important point that we think is essential for you to be aware of before deciding whether to seek an interview with JAG. The Judge Advocate General Corps has a public policy of discriminating against lesbians and gay men. Their open policy of employment discrimination is not one that is supported by the student body at the U.B. Law School, the Board of Trustees of the State University of New York, or the Governor. In 1983, the Governor issued Executive Order 28 prohibiting all state agencies from discriminating on the basis of sexual orientation. That same year the SUNY Board of Trustees, following the precedent set by the Governor, passed resolution 83-216, mandating fair treatment for students and employees on SUNY campuses. Specifically, the resolution provided that personal attitudes, preferences or practices such as private expression or sexual orientation, should not be the basis of judgement oraction against students or employees. In addition, this week marks the one year anniversary of an SBA resolution calling for the Career Development Office to adopt a policy of non-discrimination on the basis of sexual orientation. Furthermore, at the beginning of this academic year, the UB law faculty issued a statement to students condemning all forms of racial, sexual, and sexual orientation harassment. To add even more fuel to the fire, on February 10 of this year, just several days ago, the U.S. Court of Appeals for the Ninth Circuit ruled the Army's ban on homosexuals as unconstitutional. The Federal Court of Appeals, in their decision, prohibited a branch of the armed services from excluding people on the basis of sexual orientation. The ruling was hailed as an important legal victory for homosexual rights and it is one which we strongly endorse. Unfortunately, as of today, the Career Development Office has not been compelled by the administration, or taken it upon itself, to comply with the Board of Trustee resolution, Executive Order 28 or the SBA resolution. The National Lawyers Guild is calling for the Career Development Office of the Law School to commit itself to a policy against discrimination in hiring practices, for the administration to ensure thatsuch a policy is implemented and enforced, and for each and every student here to support such a policy and personally comply with it by refusing to interview with JAG. Such a policy would be keeping directly in line with the recent developments in the Federal Court of Appeals. It should be noted that this call does nor involve any First Amendment, free speech violations. We are not attempting to eliminate the Armed Forces' right to speak here on this or any other issue. What we do want stopped is JAG's ability to utilize our monies, ourfacilities forrecruiting purposes. And in doing so 'we would not be the first school to implement such a policy. More than a dozen universities, including Harvard, Yale, Columbia and N.Y.U. have banned military recruiters from using placement facilities because of the military's refusal to comply with campus policies which prohibit discrimination on the basis of sexual orientation. The NLG has not yet formulated its exact plans regarding the February 23 visit ofJAG. We do plan on taking some form of action (be it direct or otherwise) on that day to express our disdain for their discriminatory policies. Any action taken on the 23rd will not end our campaign. We expect CDO to adopt a non-discriminatory policy by the end of this semester and will work toward achieving this end throughout the upcoming months. Until then your feedback is welcome, your assistance encouraged and your support necessary. The Buffalo Chapter of the National Lawyers Guild office is located in room 118, O'Brian Hall. SBA Briefs by John Williams Williams Blasts Voting Practices OfClass Directors The importance of being consistent! For the last three years, I have watched the SBA disregard policies and procedures as if we were not a collective group of future lawyers. Some may think that there is nothing wrong with this philosophy. I would almost agree with those who harbor that view, but the history of the past three years has persuaded me not to adhere to that philosophy. I've witnessed popular groups or causes that receive funding for certain events that were not in compliance with SBA guidelines. Groups that are not as popular have tried to get funding for events or projects using proper channels and have been rejected by the SBA. The point that this article is trying to emphasize is the importance of equal protection. "Equal protection" is a phrase that needn't be described for anyone reading this article. For those of you who don't know the exact meaning, you can at least grasp the concept. The SBA, in some instances, has chosen to disregard this concept. The question that I have been struggling with is why. Two conclusions come to mind: (1) SBA members see their roles as ones of popularity. Many members over the past years have found it more important to be popular with certain groups at the cost of being unfair to the student body. (2) People just don'tknow why they are on SBA. I think that it is important that we get back to the concept of equal protection. We can't go around changing the rules to suit the needs of clubs or individualsthat might deliver a person votes if that person were to run for office. If directors as well as officers don't administer rulemaking and decisions with the overall good of the entire student body, we have robbed our constituents as well as ourselves. The bottom line is that we are not elected to be popular but to be fair. If we forget why we are in SBA and what it's all about, it should be disbanded. One thing that has been clear to me over the last three years is a blatant disrespect for unpopular events, clubs, and individuals harbored by the voting members of the SBA. This disrespect is often reflected in the way the SBA votes and how it allocates its budget. If the student body is appalled by this article, make your class directors more responsible to needs of all interests, popular or not. The "Right" View! by Kenneth Neeves The Right To Keep And Bear Arms An Individual Right? The Second Amendment to the Constitution of the United States provides: "A well-regulated militia being necessary to the Security of a free State, the right of the people to keep and bear arms shall not be infringed." Since recent history includes a recurrent call for "gun control," the precise meaning of this fundamental guarantee deserves some consideration. Proponents of gun-control legislation often maintain that the Second Amendment ensures only that the individual States can maintain a militia; that it is intended to ensure the continuation of the "National Guard." This ignores both history and current reality. The Second Amendment was drafted by recent (17th and 18th Century) expatriates from the British Empire. During the 17th and 18th centuries, British history had seen recurrent legislation restricting the rights of individual own citizens to weapons and the confiscation of guns from Catholic citizens, who were seen as a threat to the state-supported church. On the western side of the Atlantic Ocean, recent history had seen an amalgamation of private weapon-owners band together to free themselves from what was seen as an oppressive monarchy to which they paid taxes but over which they had little or no influence. The colonial militia brought their guns from home. The current reality is that the National Guard cannot be considered a "militia." The National Guard is a quasi-federal February 17, 1988 continued on page 15 The Opinion 9 �Concerns versity .. . from page 2 administration. Appendix A Comments from SBA Suggestion Box: January 27-28, 1988 Financial Aid/ Loan Forgiveness — — "Financial aid there MUST be full-time, non student, financial aid coordinator." "The financial aid office is mass confusion. I don't think they know what they are doing." "I support the SBA's financial aid proposal. My financial aid was mishandled by Buffalo's financial aid staff every step of the way and I was accepted very early and filed very early! If the school's not committed to getting a professional for next year, I plan to transfer to a law school with better administrative and financial aid services." "Financial aid is not adequate in regard to loan processing time which is ridiculously extended." "A full-time financial aid advisor, for at least the first two months of the academic year, (sic) Full-time meaning one who works an eight-hour day." "Christmas was depressing. I went home and heard how well financial aid had been allocated to my friends at other law schools. I checked back with my undergraduate law school advisor and he had never heard of a law school botching financial aid so completely. First semester was crazy. Financial aid became my 6th course. This school put me and my family through an awful lot of grief. I'm hoping the new dean will really change things here. But he'll have to do it fast. Bill Hart can't handle all these problems. The deans last semester —Newhouse, Girth and Newell said it was none of their business. I hope the new dean realizes you're not going to keep good students this way." — — — — — — — — "The law school needs its own full-time financial aid officer, who has the time and the wherewithal to address the many foul-ups and difficulties of the aid process." "I do not feel that'loanforgiveness' is the way to address loan problems." "In my own case, my GSL/ SLS application was delayed by the university process; it was then lost in Albany, (and because there was no full-time aid director here to help me track it, it took too long to pinpoint the problem) and then my refund was returned to the bank by Student Accounts which means I have to reapply for the loan for 2nd semester tuition. The situation is reprehensible." "One student I know couldn't return to this school this semester mainly because of all thefinancialaid problems. Many of us have taken out additional loans because of the snags with processing the loans we're due. One attraction of this law school is its low tuition but when the financial aid doesn't work, the cost for students is just too high." "I would suggest that the SBA really push for a full-time financial aid person. I know many, many students here in the law school who have run into terrible incompetence. My friend, who left school this semesterforfinancial and other reasons, was told by Bill Hart in the summer, not to bother ap- — — — — — 10 plying for financial aid because she wouldn't get any. He later changed his position saying she could possibly qualifyfor a loan. Sheappliedfora loan,and when she went to get an emergency loan on that on Main St. campus, Isa Ortiz asked herwhy she hadn't applied for TAP. Turns out she was eligible for $700 TAP aid. Her forms have been endlessly fuddled and she has YET to receive her loan from her lending bank. End her story which she is no longer here to tell." "I qualified for a graduate tuition waiver that I have yet to see. In August I was told October. In October, November. In November, December. In December, January, and now on January 25 I am told I shall hear how much I will receive, and receive it on Feb. 1, 1988. Needless to say, I'm not holding my breath." "Someone also messed up my file putting me down for an ALAS loan through a lending institution that didn't make them.Thefinancial aid office kept telling me it was coming. It never did, and now (including the tuition waiver) I am over $1,200 short on my student budget for the year. I am destined to run out of $$for rent etc. sometime in March. I will either have to increase my work hours to 30 or so or reapply for another GSL (which will be very messy). Sorry to inundate you with such specific problems but it must be done for you to understandthescope and seriousness of this situation. For me it hasn't been really terrible like it has for some people. I've just been incredibly poor, frustrated and apprehensive." "There are just too many law students for one part-time student financial aid advisor to deal with competently. Mistakes are bound to be made and from what I've heard, BIG mistakes have already been made." "Come on SBA. Get on the ball, stop talking, and DO SOMETHING." "We need a full-timefinancial aid counselor who is available to meet our needsand who is familiar with loan application measures AND trouble-shooting techniques for when one encounters financial application difficulties. We need a counselor who knows answers andean make referrals. The current counselor was not able to answer any of my questions, resolve any of my problems or make any referrals as to whom I should contact. An International Education Counselor suggested I contact Tony Caito at Main Street, not the law school counselor." "I strongly favor loan forgiveness for people going into public interest law. I have borrowed $15K just for law school. I shudder to think of those who are also in debt for undergrad work. When can they do anything other than head for the money. They really have no choice." "Please do something about the financial aid situation here at the school. Bill Hart cannot answer questions, is very limited on time, and never gets back to you when he says he will. My whole aid package has had terrible problems. I hear it from everyone. We really need a real financial aid person. We have too many students and just Bill Hart. This, in my opinion, more than parking, is the best issue the SBA could work — — — — — — — The Opinion February 17, 1988 — on. This concerns almost all law students in one way or another. If we don't get the $$ to come here, and consequently can't come here we don't have to worry about parking our cars, do we???" "Problem: financial aid 1) Loan check mailed by bank 12/1/87 2) "Never received" by UB 3) I had to cancel check 4) I must wait for a form from bank; I must sign it, the school must sign it and send it back to the bank. 5) Bank "will" send a check. 6) I was told this would take a "couple of weeks." 7) I'm still waiting (1/25/88) 8) Bill says the problem happened to a lot of people. (Well 2 or 3 at least.) He is writing me a letter for the bursar." "Please let the dean know that law students are being hurt by the Main Street office." "Re: Financial aid for outof-state students I strongly believe that if a school, any school, wishes to spread its reputation it must attract a diverse student body such diversity includes geo- — — — — graphical diversity. Although UB is a relatively inexpensive law school, such a fact doesn't mean that the school should overlook the financial aid of its out-of-state students. For example, every year I qualifyfor the maximum TAP & SUSTA awards. However, if I wanted to take advantage of these programs I would be forced to become a N.Y. state resident. Furthermore, according to SUNY guidelines an out-of-state resident must wait at least a year before he/she can even begin the process of applying for residency. The challenge, as I see it, is to come up with programs to attract out-of-state students without forcing them to disclaim their hometown "roots." This means coming up with programs that would provide the funds that SUSTA & TAP provide for in-state students. Also don't forget that out-ofstate students pay at least $1,000 more a semester in tuition." — "I did not experience an actual delay in having my applications for student loans processed nor was my check late enough to cause me financial difficulty. However, I feel that this was due to my own ability to figure out what to do to apply for these loans, and not due to any actual assistance I received from the financial aid officer at UB Law School." "I received a number of statements of advice from Bill Hart which I can only describe as misinformation. In particular, he was wrong in his statements to me about what types and what amounts of financial aid I would be eligible for based upon my income for 1986. He was unaware of the correct cutoff after which students with certain amounts of income would no longer be eligible for TAP or SUSTA awards. This would seem to me to be one of the most basic pieces of information that a financial aid officer should know." "My feelings are that the nature of the position (as a student position with part-time hours hoursthat are not convenient to fellow students) will not serve the purpose that the law school may have in creating the position. It is not helpful to the law school body in general nor to individual students to have the most fundamental — — — position for financial aid filled by a student who changes every year. This position should be re-created to be filled by a non-student with a thorough knowledge offinancial aid who can create a schedule which is more convenient to students, and who can remain in the position from year to year. The present position as it stands is not fair to students and not fair to the person who must fill it." Registration by John Bonazzi INTRODUCTION We, the students at the SUNYAB Law School, feel that the present registration process is seriously flawed and in need of much attention by the law school administration. It is our position that the registration process warrants far more than a "retooling"; rather, a complete reworking of the present inadequate system is in order. While the registration went a bit smoother this semester, it was not without its problems. We seek to have these problems addressed by the appro-' priate parties on thethird floor. To that end, a list of these problems follows. AREAS OF CONCERN Spring Registration. It is not by coincidence that this issue is mentioned first. Registration for thefall semester must cease to be conducted during the summer months. There are a numberof problems associated with summer registration. Students woulud like to leave for the summer knowing in advance in what courses they are enrolled. This permits the student particularly the firstyear student to consult with upperclass students on course advisability and professor quality issues. Also, the student requires some direction for his or her summer work experience. Lastly, the inevitable last-minute "surprises" can then be worked out in an orderly, controlled manner quite unlike the present scenario where a few students must attempt to address serious problems while the rest of the school attempts to add/drop. — — — If registration for the fall semester were to, instead, be conducted two weeks prior to the end of classes (approximately the first week in April) then the registration forms could be processed during that time and student schedules made available prior to or during final exams. Students could then address any problems prior to leaving town for the summer, as opposed to thefirst day of classes when they return. This, at a minimum, must be changed. Preregistration. A & R should conduct a preregistration prior to the actual registration effort in order to assess the demand for classes and make course changes accordingly. Presently, there are far too many classes which are heavily oversubscribed. Great numbers of students are being shut-out of classes needlessly and having to enroll in classes which lack appeal and interest. Accurately anticipating this and making the appropriate efforts to accommodate the actual, rather than the perceived, needs of the students should go a long way in correcting the present unacceptable situation. Shut-outs. Presently, students who register for the allowable four classes and receive a schedule which lists less than four courses are not allowed to re-register. These students must attempt to add up to four courses just to get the number of classes everyone else already has. Of course, the potential to obtain even a marginally satisfactory schedule is virtually non-existent. There appears to be no valid reason why these students are so curtly refused the opportunity to be in the same position as their peers prior to the drop/add onslaught. This policy, too, must be corrected. The Drop/Add Process. The thrust of the problem here is that A& R simply has no real control over the registration process. None of the folks in A & R seem to have the information one would expect them to have. Prior to this semester, no one knew at anytime which courses were filled, how many persons were on waiting lists, etc. In fact, there were and still are —no waiting lists. This semester, there was a sheet posted at the end of some days detailing the status of each class. This modest beginning is quite welcome, but desperately needs to be expanded upon. There should be a system which allows for the actual status of each course to be available to students at any time. The most pressing problem in the whole registration process is that students hang on to courses far longer than necessary, due to their inability to get into the course(s) they actually want. Designing a system which gives the student as much information as possible is the most sensible solution to this, for thestudent would then be aware of the potential to add into a particular course. This knowledge renders it more likely that the student will then make a decision to drop or keep a particular course which, in turn, will free up courses for others, allowing them to drop other courses in order to add into available ones, etc. The key to such a system is accurate information. This will necessarily involve adding to the present system. We propose two means of doing this. First, the computer system should be expanded. More terminals would be a nice start. Also, more work-study students should be hired to work at these extra terminals. The present single line is simply inexcusable. — If fiscal limitations prevent A & R from acquiring additional terminals, even on a three-week "loaner" basis, we then propose that A & R work with the Student Bar Association in enlisting stsudent volunteers in setting up a table on which current, up-to-date course information would be displayed. The key here is that some process must be established which involves maintaining the accurate status of all courses at all times. There are more than enough students willing to volunteertheirtime in orderto end the present drop/add schizophrenia. Furthermore, if using the university registration system presents difficulties such as not allowing for a spring registracontinued on page 13 �Off The Court by Andrew Culbertson Bizarre Ritual Holds Powerless Students Spellbound Love it or hate it, you can't deny the utter preposterousness of professional wrestling. Those of you who happened to watch the Main Event on February 5, know exactly what I'm talking about. Professional wrestling hadn't been shown on prime time television in 33 years, and the powers that be in the WWF (World Wrestling Federation) wanted to give the audience something to remember. The highlight of the program was the match-up between WWF Heavyweight Champion Hulk Hogan (affectionately known as the "Hulkster"), and Andre the Giant, a man-mountain who stands at 75", and weighs 520 pounds. Although Hogan is a giant in his own right (6'B", 300 pounds), he seemed to be at an obvious disadvantage. True to his reputation, though, the "Hulkster," who has been champion for the past four years, came out strong. About ten minutes into the match it looked as if the champion would win. However, as Hogan pinned the Giant to the mat, the referee conveniently had his back turned and was unable to administer a three-count (which ends the match in favor of the pinner). About a minute later, Andre threw the "Hulkster" to the mat, and attempted to pin him. Although it appeared that Hogan managed to break the pin, the referee felt otherwise, and the championship changed hands for the first time in four years. This, however, was when the real fun began. Immediately following the decision, two referees were arguing in the ring. What was surprising was that they could have been twins. As it turned out, Andre's manager, Ted DiBiase, had replaced the scheduled referee, Dave Hebner, with an exact look-alike. Evidently, Dißiasehad bought off the lookalike referee to render a decision in favor of Andre. The two referees proceeded to fight, and the real Dave Hebner was thrown out of the ring by the impostor. At this point the "Hulkster," never a good loser, lifted the imposter over his head and hurled him at least 15 feet through the air. Conveniently he landed right on top of Dißiase. Bizarre, you say? Definitely. Unusual? Not really, considering that it happened in the WWF. By the way, for all the people who think professional wrestling is real, I hope thatthis brief scenario has convinced you otherwise. Since it isn't real, then, why watch it? This is a question that I've been asked on numerous occasions, but one that I have never given much consideration. However, for all the people who have asked themselves the same question, I've come up with three basic reasons. First of all, professional wrestling is a classic example of the on-going struggle between good and evil. Wrestlers in the WWF are grouped into two categories: good guys and bad guys. Notable "bad guys" include King Kong Bundy, the Honky Tonk Man, and Andre the Giant. Among the "good guys" are such stars as Hogan, Randy "Macho Man" Savage, and the Junk Yard Dog. As a rule, a "good guy" never fights a "good guy," and a "bad guy" never fights a "bad guy," although it's common for a wrestler to start off as a "bad guy" and become a "good guy," and vice-versa. The "bad guys" are generally portrayed as despicable creatures, who chastise interviewers, insult the fans, and fight dirty. The "good guys," on the other hand, are made to come across as true champions, men repeatedly facing insurmount- able odds, only to snatch victory from the jaws of defeat. On some occasions, matches become patriotic battles, pitting someone like Hogan (a selfproclaimed "Real American"), against the Iron Sheik (an Iranian), or Nikolai Volkoff (a Russian who sings the Russian National Anthem before every match). Fake or not, many people get caught up in the good-versusevil plot, and find it very satisfying when the good guy beats the bad guy. And, believe it or not, there are a few people who actually enjoy watching the bad guys win on occasion. Another reason why people enjoy watching wrestling is undoubtedly due to the characters involved. A few choice examples are Jake "The Snake" Roberts, Brutus "The Barber" Beefcake, and Honky Tonk Man. Jake "The Snake," true to his name, owns a large python named Damian. After knocking out an opponent with his devastating DDT maneuver, Jake drapes Damian over the unconscious wrestler. Needless to say, this tends to wake up his opponent quite quickly. Brutus Beefcake earned his nickname, "The Barber," due to his tonsorial prowess. After he puts his opponents to sleep with his patented sleep hold, he proceeds to cut their hair. The Honky Tonk Man, who resembles Elvis Presley, enters the ring playing a guitar and dancing to rock-a-billy music. He's also been known to smash his guitar over an opponent's head. Juvenile, you say? Perhaps, but so what. The bottom line is that it is entertaining, and the fans love it. Finally, as unreal as wrestling may be, many of the wrestlers are tremendous athletes. To this extent, it's enjoyable to watch them execute bodyslams, pile-drivers, and suplexes, just to mention several popular moves. Other people enjoy some of the more primitive aspects of professional wrestling. These include hitting your opponent with various foreign objects (chairs, canes, megaphones, etc.), throwing your opponent out of the ring, and slamming your opponent's head against the concrete floor outside of the ring. Such antics are especially popular when the battered wrestler is one of the "bad guys." Professional wrestling has traditionally been scoffed at by "true" sports fans, who decontinued on page 15 Take Two by Tom Gagne Bloom's New Book Filled with Pervasive Sense of Panic There seems to be an unwarranted tendency among many cultural commentators to employ crisis rhetoric in their work. Allan Bloom, in his 1987 publishing sensation The Closing of the American Mind, is no exception. His major thesis that liberal education is fading fast because American universities have not retained a proper critical distance from several societal trends is a warning we must not pass by lightly, yet it hardly excuses the book's pervasive sense of panic. Mr. Bloom argues thatthe demise of classical liberal studies can be traced to educational planners' general lack of a unified vision of what a university should actually do. This theoretical muddle can itself be understood as resulting from at least three significant societal trends today's educators must consciously resist if they are to produce the desired university, universally educated person. They are, first, science's domination of nearly all thedisciplines, second, the rise of vocationalism, and third, the flaccid, anything goes attitude of curriculum planners. Taken as conspiratorial bullies, these educational realities could appear overwhelming, could indeed appear to be a call to humanities departments across the country to consider taking off their gloves. Yet if thesetrends are dealtwith individually, they lose much of their toothsomeness, if not their very real threat to the status of the humanities philosophy, art, religion and literature. Thefirst trend, thescientification of thought, is Bloom's modern translation of the ageold tension between science and philosophy (and Bloom represents philosophy as the representative humanistic en- — terprise). Yet Bloom's twist on this dichotomy resides in his fear that science has finally won the war between these two poles of thought. He makes a powerful case. Since its inception, science has built our world, both literally and in how we view it. The catch word for science has been "progress," no matter how arguable the point may be. We live in a society with a sciencecreated standard of living which even forthe"lowerclasses" would have been unimaginable a century ago. Not that we are not faced daily with images of homeless and hungry Americans, but that for the majority of us, material existence has in fact been eased by science. Along with much silent faith in the "progress" of science its ability to cure our ills, even the ills which it creates itself is our shared belief that science's standards of rigor and proof are the only legitimate ways to extract reliable knowledge from the world. As opposed to a philosophical conclusion, a scientific conclusion can be tested, and if proven false, be trashed. At least one hopes that scientific honesty will protect us from shams and shysters. With philosophy, artand literature, conclusions will always remain below or, if you will, above proof. Mr. Bloom correctly asserts that philosophy can never point to the world and say with certainty that this or that is eternal, that this or that is a constant; as, say, a scientist who predicts with accuracy, years in advance, the position of a star. Philosophy has itself long recognized itsdialogical nature, that eternalities quickly become temporalities, that truth and deception are opposite sides of the same coin, that doubtabout — — its current point is its greatest virtue and vice, that, in short, there is always an opposite point of view. Philosophy, Bloom argues, is above all a meditation on becoming and is alien to our modern obsession with what can make us comfortable here and now. Moreover, as science has spewed forth wonder after wonder (and terror after terror), philosophy of the old school, e.g., value-discovering philosophy died out two generations ago with the existentialist. In other words, philosophy has said that it can find no certain, inherent values, that all values are relative. Pick and choose your beliefs as you see fit, uncritically, even whimsically. There is no "world" out there to live in. We must, like the artists, create our own. Even so, what of democratic values? Surely these have substance. Bloom argues that besides the fact that most of us feel powerless to effect political change, capitalist democracy has itself contributed to the fractionalization of values in society and in the university. Where equality is the password, Bloom says, no way of thinking dare assert itself as better than another. Hence America's staggering conglomeration of equally valid lifestyle beliefs where none emerge as truer or wiser than the rest. This is in turn reflected in the university where students have an equally bewildering selection of courses and curricula. In the face of such variety, however, people still yearn for a hub to the world, no matter how many spokes radiate outward. And that hub is science. If it is "scientific" it is "good." Accordingly, other disciplines in the university have over the years gradually adopted a scientific approach. Even so, what of democratic values? Surely these have some substance. Bloom argues that besides the fact that most of us feel powerless to effect political change, capitalist democracy has itself contributed to the fractionalization of values in society and in the university. Where "equality" reigns supreme, Bloom says, no way of thinking dare assert itself as better than another. Hence America's staggering conglomeration of equally valid lifestyles and beliefs where none emerge as truer or wiser than the rest. This is in turn reflected in the university where students have an equally bewildering selection of courses and curricula. In the face of such variety, however, people still yearn for a hub to the world, no matter how many spokes radiate outward. And that hub is science. If it is "scientific" it is "good." Accordingly, other disciplines in the university have, over the years, gradually adopted a scientific approach. We no longer have political philosophy, we have political science. We have the burgeoning fields of the social sciences sociology, behavioral psychology and economics all devoted to scientific-style inquiries. Even the study of literature has jumped aboard the scientific bandwagon claiming that language can be reduced to a series of linguistic formulae. No longer is there any serious concern for what literature can tell us about longing, morality, revelation or society. Literature is the linguistic way we talk about these things. Philosophy too has succumbed to science. Logic, long an integral facet of philosophy, now totally informs it. Intuitive leaps not logically grounded are — — rarely looked at twice. Bloom contends that as a result of all this scientificationand ideological factionalism we have lost a common ethical front. Philosophy and the rest of the humanities, although riddled with doubt, have nevertheless always been the seats of moral inquiry. The Socratic problem of "What is the best life to lead?" is still relevant to philosophy. Science can make no such claim. The scientist endeavors to reach his conclusions and prove his hypotheses in what generally amounts to an ethical vacuum. His concern is with results. The long-range moral and societal implications of his work seldom enters his thinking. Bloom of course acknowledges such scientists as Hans Bethe and Andei Sakharov who have made valiant efforts in the field of scientific responsibility. Yet he implies that such scientists are the exception rather than the rule. For the most part, science is not guided by ethics, for ethical concerns are not in herent to the scientificmethod. So Bloom asks the question: if science is structurally unable to police itself, and if philosophy is intellectually crippled and in disrepute, where do we turn to pose the problem of what is the proper course of action to take? Bloom's solution to this dilemma involves a restoration of philosophy's historical concern for ethics so as to return the university (and ultimately society) to, it seems to me, a somewhat Kantian wholeness, e.g., where scientists and ethical humanists work together to solve our problems. But then the quesis such a syntion becomes thesis possible? This, along with the rest of Bloom's diagnoses and fears, will be considered in the next part of this re- — view. February 17, 1988 The Opinion 11 �If You Want to Learn Why More than 2 out of 3 New York Bar Exam Candidates Last Summer Did NOT Take Pieper... Take This Pieper Multiple-Choice 'Bar Examination^ BAR/BRI affords each student In BAR/BRI, if a lecturer is ill, critiqued by New York attorneys. The Pieper course grades only: °) 12 students listen substitute leeturer. In the Pieper course, if Pieper is ill or unavailable, students must listen to: a) A substitute lecturer b) A substitute videotape c) A videotape from a prior the opportunity to write and have -12 essays individually graded and b ) 10 c) ° d) 8 to a course d ) An audio,a pe from a prior Answer: (d) 8 course BAR/BRI students who are not successful on the bar exam pay $275 to repeat the course. Until recently Pieper repeaters got free repeats. Now Pieper people who fail must pay' < Answer: d ) An audiotape from a pnor course M ° „ St BAR / BRI courses ™on non-live sessions. BAR/BRI uses color videotape. in d) $450 Answer: (d) $450 v Answer: (c) Audiotape cassette \ fo\ £Q5 *jQS c) $295 ' BAR/BRI s live morning and evening classes are located conveniently near Times Square. The Pieper course, l.verne only, is evening conveniently" located at: a) Grand Central Station b) Perm Station c) Times Square d) Far lower west side Answer: (d) Far lower west side bar review course begins through the bar exam. The Pieper course relies on: a ) 35 attorneys b) 25 attorneys c) 10 attorneys d ) ] attorne y Answer: (d) 1 attorney The Pieper course uses: a) Color video D) ac^and white video c ) Audiotape cassette Q BAR /BRl's Q & A Clinic™ utilizes more than 35 attorneys, all members of the New York bar, available to answer any questions and work with you from the time the BAR/BRI lectures are taught by more than 18 professors, each an expert in his or her particular subas they are ject(s) New York bar tested on the exam. The Pieper course is taught by: a ) 18 professors b ) 10 professors c ) 5 professors d ) 1 professor Answer: (d) 1 professor . »*■»/*•». provides students with BAR/BRI more than 90 sample New, York essays, all with model answers. The Pieper course provides only: a ) 75 b) 50 c ) 40 Answer: (d) 20 essays and answers BAR/BRI provides students with more than 1150 multistate questions, a) ]QOO J 750 x d 500 Answer: (d) 500 multistate questions The Bar Review That Cares About You. m The Opinion February 17, 1988 jdes b 900 BAR REVIEW 12 , all with model answers! The p—er course This Information is Brought to You by te/fcrr i �Concerns from page 10 tion or keeping A & R informed about class status, then the law school should opt for a truly autonomous computer registration system which presents no such obstacles. Equal Opportunity to Register. Students are evidently being registered by alphabetical order. Only seven secondyear students were admitted into the heavily over-subscribed course "Gratuitous Transfers," and all seven were students with last names beginning with "B," "C," or "D." This system just is not fair to students with names beginning with letters at the end of the alphabetical order. In order to have a truly equitable system, as well as encourage early return of registration forms, students should be registered in the order in which they return their registration forms. Again, if the present computer system will not allow this, then the administration should seriously explore an autonomous system which will. Registration Freedom. Students feel strongly that, as a basic maxim, they should not be prevented from taking any course they wish to. While it is understood that the lack of fi- nancial, human and other resources create limitations on the practical realization of this ideal, students alsofeel that not enough is being done to move in this direction. Too many courses are closed out too quickly, there are not enough courses in areas where there is a great student interest, and there are too many "fringe" courses wherethere is little student interest. Perhaps by instituting a preregistration program, the administration will gain the information necessary to overcome the obstacles to the above-stated maxim. Advance Notice. Last semester, students were given three days notice of registration. Most students did not know the registration process was underway until the very day it began. As many students were leaving town for the Thanksgiving break, they needed to get their form in that same day or they would not have met the deadline due to their late return to town. Also, registration was held during the last week of classes, which encompassed the Thanksgiving break, giving little time to students for thoughtful consideration of their schedule. Students must be given much more advance notice of registration. Also, registration must not be held so late in the certainly not the semester very last week in the semester. More planning and communi- — cation between the students and administration is evidently needed. Course Guides. Students complain that there is no comprehensive guide to all courses, resources and programs here. There is a school bulletin available, yet it obviously is not being made available to the degree necessary. The administration should make an effort to more highly publicize the existence of the newly redone bulletin. Out-of-towners. Because many students leave the Buffalo area for the summer and do not return to this wonderful, warm metropolis until shortly before classes start, those students are placed at a severe disadvantage during the first week of the drop/add period. Accordingly, we propose that the drop/ add period not start until the first day of classes, or on the Friday prior to the start ofclasses, and be extended one more week into the semester. It is not fair that persons unlucky enough to receive exciting, valuable offers from firms or organizations outside of Buffalo get curriculum "left-overs." Scheduling. While it was probably a one-time problem, more attention should be given to the scheduling process here. The scheduling of classes this semester was done poorly, resulting in students having classes during five or even six days per week, while only being registered forfourcourses. This creates many unnecessary problems for students, not the least of which is the terrible difficulty in devising a sane work schedule for those who must work to finance their education. AlternateCourses. Many students have complained that when they register, they are allowed only to list an alternate course to one primary course, rather than to list one course as an alternate to any of the four primary courses which s/he is unsuccessful in enrolling in. These students are under the impression that this is a poor policy because it prevents students from getting into the particular course they want as an alternate. This, of course, is not true, as students need simply list the same alternate to every course they list as a primary, while listing a separate alternate for a seminar, if they so choose. This adds flexibility and not inflexibility to the — How to run your snow own j* — registration system. The administration should publicize this fact. Varying Course Times and Professors. Certain courses are presently taught by only one professor. There are certain problems associated with this. First, there are students who are interested in a particular subject matter. They would like to take a course in that area, but have deep reservations about committing their time and energy to a course taught by a professor whose teaching ability is suspect. Usually, the student need only wait until the course is taught by a different professor. With some courses, however, that is not possible. An effort should be made by the administration to have courses taught by different instructors to the extent that policy, administrative requirements, and instructors' needs allow. Also of concern is the time such courses meet. Some students are prevented from taking classes they want because of conflicting personal demands, such as work schedules. This is particularly true of parent-students. By having other instructors teach a course occasionally, they will not have the same time limitations. Good examples are Insurance Law, Estate Planning, Legal Rights of the Handicapped, and Gratuitous Transfers. A good example of such a change is the present Evidence class. Mr. Birzon teaches that class, always at 8:00 a.m. on Tuesdays and Thursdays, due to his law practice. If a student were to desire another professor, or if the early starting time were too great an inconvenience, the student has the opportunity to take that course with other professors who teach it. For classes which are not taught by two different professors, such as Insurance Law, it is suggested that either another professor beallowed to teach the course every other time it is offered, or that an additional course be offered every other year, which would not affect current agreements with existing faculty. Credit Reviews at Graduation. This is currently a hottopic of discussion among third-year students. Presently, students have their credits and residency status reviewed during their very last semester in school. This, of course, presents the difficulty of students not having the opportunity to correct a potentially unfortunate situation such as not graduating during his or her last semester at school. It just makes sense to conduct this review prior to registration time for the spring semester. Reviews during the month of October would do the trick. Also, a fuller explanation of the residency requirements during the beginning of the fall semester would be especially — 1536 HRM™WR| WKn&smitZ Mm — helpful to third-year students, so that they may review their status on their own. A & R Service. There are primarily two problems in this regard: linesand hours. Asindicated previously, the present system allows for just one line for drop/add requests. This is unacceptable. Something preferably the addition of two more terminals must be done about this. Also, the hours during the drop/add period are the same hours in effect during the rest — — continued on page 14 February 17, 1988 The Opinion 13 �Grades from page 3 Both the SBA Ad Hoc Committee on Grading and the Alumni Association came out in support of a five tier system in the April 2, 1974 issue of The Opinion. The law school faculty eventually restored thefour tier system in April of 1974. However, one should note continued but infrequent use of the H* and Q* distinctions (which signified . that a professor had put a letter in a student's file as a further comment on a grade); many mistakenly assume these distinctions mean H+ Q + William Greiner, an alumni of the law school and Associate Vice Provost for SUNYAB in the 19705, displayed his discontent with the four tier system in a series of memos in 1978 which addressed both the SBA and law school officials. He noted the comment of a disgruntled student who told him that our current grading system makes a statement to students which is demoralizing (at best). many (most?) of our students come here with more or less ambiguous feelings about themselves and this . and we do a good deal place to reinforce their ambiguous feelings about self when we assign non-descript grades to most of them in their first year courses..." (The Opinion, April 14, 1978, pg. 6). James Atleson, an associate professor at the law school, responded to Greiner's memos: "I find it hard . . to believe that a more detailed grading system will substantially allay student doubts about themselves, doubts which existed under our old numerical grading system as well. Much of this may stem from far more serious doubts e.g. some students come to Buffalo because they were rejected by higher choices or because of financial limitations." ( The Opinion, April 28,1978, pg. 6). Students maintained overwhelming support for the four tier system in a 1978 referendum which drew 60% of the law student body to the voting ( The Opinion, boxes. November 9, 1978, pg. 1). The most recent referendum on grading occurred on March 6 and 7 of 1985. That vote resulted in 218 out of 317 voting to maintain the present system. (The Opinion, March 13, 1985, P9 DProfessor Emeritus Jacob Hyman, one of a few individuals who witnessed the full evolution of the law school's grading system first hand, agreed to a short interview on this matter at the end of last semester. He felt that the present system reasonably reflects the evaluations that lawyers make of their colleagues' performances, i.e. great, qualified or a flop. However, he qualified this by stating that he personally felt that the Q range was too wide and that students should be able to know where they stand within that very broad range; he suggested that one way to do this would be allowing a Q+ Q, Q- distinction. Recently posted grades add levels of confusion. Some first year professors gave out a double digit number of Ds while others seem to be unofficially creating a new grading system of their own. One in particular seems to have discovered a H*, H, Q*, Q system. The true status of grade implementation remains unrevealed. Many see Dean Filvaroff's arrival as a stimulus for a more competitive adminstration of the H- Q system. However, some upperclassmen feel that the first year class may be exceptionally lazy or stupid. Whatever the case, the administration needs to clearly reexamine the present system in an effort to create grades that send a somewhat clearer and consistent message to employers. Students will have an opportunity to voice their opinion on grades in a referendum that will be held at the same time as the SBA spring election of officers. For some odd reason, seven SBA directors voted against the referendum. Personally, I hope that it will stimulate ideas and discussion about ways to further improve our present system. In any case, it will still provide an invaluable historical record of current attitudes on this matter. , Faculty Statement priate by the governing authority. It contains no guidelines, no definitions, no boundaries. It derives from this "responsibility to promote equality and justice." Whose version? More loaded terms would be difficult to find. Whose political agenda is being sanctioned here by being equated with "equality and justice"? This is intellectual Stalinism. even comments, Everything remarks, and discourse will be made to serve the revolution, I mean, a particular view of equality and justice. Perhaps it should be stated in the law school catalog that incoming students may be subject to conscription as intellectual mercenaries upon entering these hallowed halls of (oops, I was almost ready to say higher edu- — cation). Is the expression of opposition to affirmative action racial quotas on the "verboten" list as beyond the racist pale? Is a voiced opinion that abortion should be illegal or opposition to the Equal Rights Amendment inappropriately sexist? Is a sincerely held but unfortunately spoken belief that homosexuality is immoral in the "swiftly and openly condemned" category as being homophobic? I heard these pairings frequently during myfouryears in the law school. Nothing in this faculty statement would suggest these are extreme — — examples. By what stretch of the imagi- Master ofLaws Boston University School ofLaw A unique graduate program offering separate, multidisciplinary courses of study in American Banking Law Studies and in International Banking Law Studies. Taught by faculty of the Boston University School of Law, eminent banking law attorneys and management experts, these innovative programs provide an exceptional blend of intellectual and practical education at one of the nation's most prestigious law schools. Covering the full range of advanced banking law subjects, the curriculum also includes courses specially developed to introduce lawyers to the economic and managerial aspects of the domestic and international financial services industry. This comprehensive LL.M. program offers a singular educational opportunity for lawyers who wish to practice in these dynamic, fast growing areas of specialization. Applications are now being accepted for full or part-time enrollment in September 1988. For a catalog containing detailed information and application forms, write: . |fe I j ffiS s, I CI ? gfHH — from page 7 nation is the swift and open condemnation of certain views, remarks, or comments but not others contributing to the pursuit of equality and justice? What form will this condemnation take? Will this eventually take the form of some intellectual versionof thescarlet letter? This rejection of the marketplace of ideas, this abandoning of the encouragement of free discourse, this imposition of an intellectual checklist would be unconstitutional in any context. That it is even seriously considered, let alone unanimously passed by a body of faculty, in no, a public school a school no, a public law school is absolutely incredible. It is the epitome of hierarchical elitism to let this arbitrary intellectual litmus test operate. It is certainly reductionistic and demeaning to say that such a chilling and coercive device equates with the pursuit of equality and justice. It is, by the very terms of the faculty statement, separate from the means of dealing with reprehensible conduct. And it turns a laudiblesounding title into an oxymoron. I hope everyone will give this section of the faculty statement a second, even a tenth, look. Offensive and abusive acts of harassment should be dealt with appropriately, yes. But openly condemning remarks and comments deemed inappropriate? In a law school classroom? If the American Civil Liberties Union can defend the Nazis at Skokie, surely this progressive law school can show more commitment to real First Amendment ideals. Thomas L. Jipping J.D., SUNY Buffalo, 1987 Political Science Graduate Student Concerns from page 13 of the semester. Again, many students work or have children, and the four hours that A & R is open daily just aren't enough to attend to drop/add concerns, particularly when there is just one line available. There should be extended hours, with no noon-time closing, and A & R should stay open during the evening oneortwo timesweekly to accommodate those students who work or need to attend to their children. Of course, the extra hours would apply only during the drop/add — — period. CONCLUSION The present registration system is one which maximizes frustration and minimizes efficiency. Significant changes are needed in order to correct the present inadequacies in the registration process here at ÜB. We wish to stress that the system needs to be carefully rethought, as opposed to making isolated, insignificant changes here and there. Of course, the student body stands ready to assist the administration in designing and implementing these changes. We're just a memo or a holler away .. from page 11 Bizarre nounce it due to its lack of au- I would suggest, however, that wrestling is not a sport, and with this in mind, shouldn'tbe viewed as a sport. Professional wrestling is entertainment, camp at its best. Once you accept it for what it is, and realize thatwrestlers win based on popularity, not necessarily thenticity. Graduate Program in Banking Law Studies Morin Center for Banking Law Studies Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 or call: 617/353-3023 ability, professional wrestling can be very enjoyable. 14 — The Opinion February 17, 1988 �Drinking Age From personal experience with this bar, Ryan's, I'm going to make a few assumptions. The assailant was probably under 21, and most likely drunk. One can only inferthatthis individual does not have the maturity necessary to have a few beers and maintain a civil personality. The first three weeks of 1988 witnessed three fights outside Ryan's Niteclub. I'm not talking about a simple exchange of words, or even a heated shouting match. I'm referring to episodes of malicious physical violence. My hunch is that these fighting incidents are at least partially linked to the bar's clientele continued from page 4 which is predominantly under the age of 21. Let's make no mistake about it, what happened to my cousin was not so unbelievableto be classified as a fluke. In fact, when you think about it, all the ingredients for this type of tragedy were right there. This was no fluke, in fact, it was even probable. Please if you're under 21 and dying to go to a bar, thinktwice. If you're not careful, you may find yourself going to a bar to die. Twenty-one was not just the first number to be randomly generated by the state's computer. Our elected representatives specifically chose 21 years as the legal drinking age be- cause they believe that such a law is in the public's best in- I think it is unfortunate that the proximity of Fort Erie, Ontario makes this law nothing more than a farce. While most cities across our nation can proudly look at the positive effects that an increased drinking age has had on their community, our city of Buffalo is powerless to affect the drinking habits of its citizens under the age of terest. The reason that our government did not fix the legal drinking age at 20 is because it feels .. that as a group, these citizens are not yet prepared to handle the responsibilities that must accompany a night of drinking the bushel out on the town contains a few too many green apples that haven't matured . 21. While the problem is clear, the solution is not. What's happening across the border is perfectly legal and I feel helpless to influence the fate of those innocent few who may very well meet up with the same fate as my cousin, Scott Hammond. It wasn't until January 18, quite enough. The problem is clear. While the legal drinking age in New York State is 21, it simply doesn't apply to those under 21 who have access to a car and $.50 to pay the Peace Bridge toll. Matrimonial Law Symposium discussion, however, was the making of pendent lite motions and statements of net worth. As such, O'Reilly, like most of the other speakers, distributed copies of forms that he uses in his practice. So, O'Reilly handed out a sample pendete lite motion, Ashley two different types ofretainer letters, and David Siegel, who spoke on discovery and the valuation of marital assets, gave out forms of interrogatories. Siegel, who feels that discovery is the most important as- Centennial *Jeremy V. Cohen, of Flaherty, Cohen, Grande, Randazzo & Doren, on "Age Discrimination and Reduction in the Work Force." *Anne Smith Simet, of Hodgson, Russ, Andrews, Woods & Goodyear, on "Sex Discrimination and Harassment." *W. James Schwan, of Wyssling, Schwan & Montgomery, on "Problems of Disability, Handicaps, AIDS, and Diabetes." �Michael R. Morevac, of Phillips, Lytle, Hitchcock, Blame & Huber, on "Employment at Will in New York." *Sharon B. Hartley, counsel for Delaware North Co., on "Drug Tests and Polygraph Tests." �Thomas Gill, of Saperston & Day, P.C., on "Bankruptcy and Employee Benefits After LTV." *Judy Scales-Trent, Associ- illllllllllllllllllllllllllljlllllllllllllllllllllllll _ PROFESSIONAL • TYPESETTING OFFSET • PRINTING • FAST SERVICE R C C S . , • COMPETITIVE PRICING U M m ' MANY DIFFERENT • TYPESTYLES & PAPERS RESUME P S SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAYI . LtitKO ■ nTnTf IH m 3171 Main Street ■ (MM S. ol mmp—rl Bu a, Ny I] "° 835"0100 1 676 Nla. Falls Blvd (mcroaa from K-Mart) Tonawanda, NY 834-7046 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiuiiiiiiiiiiiiiiiiiir Next time you hear the line, "ifI can be drafted to fight, then I should be allowed to drink," keep in mind that in this age some category especially, people don't have to be drafted to fight... a few drinks and they're already there. continued from page I pect of matrimonial practice, had several gems of legal wisdom. At the examination before trial, or the EBT, when you see that the person that you are examining is lying you should "wait until trial to prove it." Also, asking a witness at an Examination Before Trial (EBT) if, "that is all," after their timony so to speak. In this way when the witness tries to change his or her testimony at trial you, the lawyer, can damage that testimony by saying, "but I asked you if 'that was all' from page 1 Saperston & Day, P.C., will speak from the point of view of "The Employer's Attorney." 1988 that I came to understand and appreciate the meaning of this law. I don't know howmany more people have been injured since the incident on January 17, but I've learned that it only takes one punch to an unsuspecting loved-one from someone that nobody knows to shock and forever change the lives of a close-knit family and their friends. ate Professor, University at Buf- falo Law School, on "Update of Supreme Court and Other Appellate Decisions Concerning Affirmative Action." A short psycho-drama on gender bias in the legal profes- sion will also be presented. There will be plenty of time for questions and answers and comprehensive hand-out materials will be distributed. Dean David B. Filvaroff will introduce the Convocation. Also speaking are Robert W. Keller '66, president of the Law Alumni and Mr. Parker. A fee of $30 includes theConvocation, a continental breakfast and lunch.To make a reservation, please send a check payable to the Law Alumni Association to the Law Alumni Office, University at Buffalo Law School, JohnLord O'Brian Hall, Buffalo, NY 14260. Further information may be obtained by contacting the UB Law School at 716-636-2053. atthe EBT and you said 'yes..." The only non-lawyer to speak at the symposium was Frank Alabiso, a licensed psychologist, who interviews children in custody disputes and acts as an expert witness at trials. He listed six criteria for lawyers to use when deciding whether to use a mental health professional as an expert witness at a trial involving matrimonial matters. The last speaker was Professor Birzon, who discussed several evidentiary issues including the proving of fault in a New Those criteria are: (1) whether the person has practiced for over five years in the field, (2) whether the person is licensed Bear Arms military unit — a branch of the "sawed-off shotgun." The SupremeCourt in M/7/ernotedthat the "militia" mentioned in the Second Amendment was "comprised of all males physically capable of acting in concert for the common defense expecting to appear bearing armssupplied by themselves." The result in Miller (the only Supreme Court case construing the Second Amendment right) can only be read to mean that the "right to keep and bear arms" is an individual right pertaining to those weapons having military utility. The question of whether Jack Miller's "sawed-off shotgun" had military utility was to be determined on remand. There is little or no intellectually defensible reasoning which could lead to the conclusion that the right "to keep and bear arms" guaranteed by the U.S. Constitution is anything other than an individual right. Any theory of "collective right" (in vogue with gun-control advo- .. — . from page 3 law school. He displayed a strong interest in an interdisciplinary approach to law where one became "less interested in thinking like a lawyer and more interested in thinking about law from a variety of perspectives." He had definite ideas on the kinds of courses he wanted to teach. The first was a constitutional law course that would concentrate on the role of constitutional jurisprudence in a pluralistic society. Other interests included a gender law course, one that would be entitled "Martin Luther King and the Law," and a final one entitled "Race, Racism and The Law." He also displayed an interest in placing students in a variety of community organizations off campus so that students could have an opportunity at looking at community organizing for social change. York State divorce action. But, in keeping with the practical nature of the symposium he began by stating that the most important rule of evidence in bench, or non-jury, trials could never be found in the profound works of Blackstone or Wigmore, oreven in any case reporter. Instead, the most important rule of evidence, uttered by judges in response to objections at bench trials, is only ten words long. Namely, "I will take it for what it is worth, counselor." from page 9 U.S. Army administered under the "Army clause" of the U.S. Constitution. Current and long-standing federal statutes define the "militia" (unorganized militia) as including all males of a certain age group as well as some females. [See 10 U.S.C. 311 (a) (1982).] Thus, current federal law views the militia in a manner consistent with the historical context of the Second Amendment armed citizens not part of the state Army. "Militia," for Second Amendment purposes, refers to individual civilian citizens rather than any organized military unit. This conclusion is consistent with the seminal U.S. Supreme Court decision on the issue, United States v. Miller, 307 U.S. 174 (1939). M/7/er involved a challenge to the National Firearms Act of 1934, under which Jack Miller had been prosecuted for transportation of a Faculty Candidates six citations for meritorious service. He worked for the U.S. Consumer Product Safety Commission from 1973 to 1983, spent one year as a law clerk at a small Wisconsin firm, served one year in the Environmental Protection Unit of the Wisconsin Department of Justice, and is currently working towards his L.L.M. at the University of Wisconsin. Mr. Snowarrow Fausett's teaching interests include the areas of native American rights, human rights, environmental law and property. Muhammad Kenyatta received his Juris Doctor from Harvard Law School in 1984. He is more interested in teaching per se than teaching law. He taught political science at Williams College for two years and is an ordained minister. During his lunch with the students, Mr. Kenyatta displayed a genuine interest in finding out what attracted students to this or certified, (3) whether the person has a family practice, (4) whether the person has any publications, (5) whether the person belongs to any professional organizations, and (6) whether the person is held in high esteem by his or her colleagues. If you can get affirmative answers to all of these questions, you will likely have a good expert witness. . cates) is inconsistent with both history and current federal law. Thus, the real questions surrounding the Second Amendment are (1) whether modern weapons technology (from "law's rockets" to nuclear devices) are sufficiently dangerous as to allow the interests of national security to override the individual right and (2) whether the somewhat sexist definition ofthe "militia" in the U.S. Code is appropriate in modern society. The question of whether the Second Amendment guarantees an individual or a collective right is a non-question: it is, and always has been, an individual right. The individual citizen should have the right, in his or her home, to maintain rifles, pistols or other firepower for hunting, self-defense, target practice, etc., until such time as the Second Amendment is altered through the process of Constitutional Amendment MANIA LEGAL J-ir-gg February 17, 1988 The Opinion 15 �' f | I I ! BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. BAR REVIEW The Opinion February 17, 1988 16 ! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/34a9c9b5ef2193722b329811dea13284.pdf cb8ff91055645901902dead395e94e00 PDF Text Text THE OPINION Volume 28 No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 2, 1988 UB Law Victorious In N. E. Regional Competition by Maria A. Rivera On February 12, 1988, UB won the Black Law Students' Northeast Regional Moot Court Competition championship. The law school, represented by Taryn Chapman and Michael Banks, attained ÜB's first victory in seven years. Mason Ashe, a second-year law student who was elected Northeast Regional Director at the competition, stated that our team was extremely polished and professional. Other teams commented that our team was by far the most professional. This year's competition was sponsored by the University of Connecticut Law School and was held at the Hotel Parkview Hilton. Present at the competition were 12 schools from the northeast region, among them Albany, Boston College, Western New England and Rutgers, and others. This year the teams were required to write and argue an appellate brief on the Voting Rights Act issue. As an accolade, UB received a plaque which they will hold for one year. On March 2, 1988, Taryn Chapman and Michael Banks will represent UB at the national level in Washington, D.C. and compete against the top two winners in each region. Law School Exec Sees Mostly Progress Over Time by Donna Crumlish Alan Carrel has been serving UB Law School as an associate dean for nearly 10 years. He speaks highly of the school, and as a 1967 graduate of the law school is able to reflect on the contrasts between the UB Law he attended and the UB Law of today. The class that Mr. Carrel entered in 1964 consisted of only 92 students, of which only five were females. There also was a significant difference in the number of students who entered in a given year and the number who graduated three years later. It wasn't unusual for 20 percent of a class to fail out after the first year. "It was much easier to get in here at that time and it was much more difficult to stay in." In 1964 there were only 350 applicants to the school, compared to over 1,300 today. The opportunity was made available to get into the school, but once in it was up to the student to getthrough the stricter; more rules-oriented UB of the sixties. The grading was based on percentages, but most of the professors tended to grade in the 65-85 percent range. This meant that it was difficult to excel everyone's because grades were in the same small range. Mr. Carrel recalled that "oneand-a-half to two points in your average could change you from the top halfof your class to the bottom 10 percent." Because class ranks were printed on transcripts, that one-and-a-half points could be crucial in how a future employer perceived your law school work. Students dressed in business-type clothes every day. They were not allowed to miss any classes without a written excuse. Twenty-five of 32 classes were required, which meant that the students in your classes were essentially the same for three years. After graduating from Law School, Mr. Carrel joined a local law firm where he spent most of his time in civil litigation. He was a partner for the last six of the 11 years he spent there. In 1978 he became active in the law alumni association and in July of that year joined UB Law as its first non-faculty associate dean. He took the job with the expectation that he would return to practicing law in a few years. He enjoyed his work so much, however, that he decided to stay on. Initially, he was involved with admissions and the Career Development Office. Today his time is filled mostly with fundraising, alumni affairs and the organization of the trial techniques program. Mr. Carrel maintains that one of the most positive things that happened to the law school in its history was its merger with the SUNY system. As a public law school UB has been able to attract a wide variety of studentswho can contribute to the creative exchange of ideas in the school. "I thinkthe student body here is much more interested in human problems and what the law can and cannot do than many law schools .. being a public school, we really attract a diverse student body." Along with the diversity of student background, Mr. Carrel feels that a less competitive grading system and a caring and intelligent faculty have helped to produce an atmosphere conducive to learning and helping one another. . continued on page 10 While preparing for the competition the team members re- ceived support from Gary King, Sue Gigacz, Professor Charles Carrand Professor Judy ScalesTrent in a mock moot court presentation. This year's event needs to be recognized not only because it is ÜB's first victory in seven years at the regional level, but also because it illustrates the achievement of ÜB's minority student body. As expressed by Mason Ashe, "The law school is not only recruiting but producing qualified, diligent and talented minority students enhancing the reputation of the university." Hopefully, we will continue to excel and maintain our champion status and hold onto the plaque for many years to come. New Dean Addresses SBA by Krista Hughes Dean David Filvaroff came before the Student Bar Association on Wednesday, February 24 to discuss the creation of new faculty-student committees and to field questions from students who were present at the meeting. Filvaroff's recent meeting with the Faculty Committee on Committees resulted in the decision to create four new committees to deal with issues of concern, and he met with the SBA to describe the functions and memberships of these committees. The committeewhich will address accommodations for physically challeged students will be chaired by Prof. David Engel and the faculty representatives will be Professors Konefsky, Lang and Kannar. Besides the obvious problem of physical access to classrooms and the disadvantages suffered by students who are confined to the back row, firstyear students Robert Davis raised the question of blind and learning disabled students who need transcribers for their class notes and assignments. According to Davis, while many physically challenged students are assigned sponsors by the university, learning disabled students tend to "fall through the cracks." They also have significant bureaucratic problems in obtaining the aids they need to simply get through the day-today challenges faced by all law students. These problems, according to Filvaroff, are what the committee was designed to address. He remarked, "We ought to do everything we can" to meet the needs of these students, and the faculty "tried to pick a committee which will be sensitive to all the issues." The next committee which the dean discussed was the committee to address recruitment through our CDO by the JAG Corps and other branches of the military. has expressed since he first came to Buffalo. Besides the lack of a student lounge and law school eating facility, this committee will be making decisions which will make O'Brian Hall a more attractive place. Suggestions made by the regarding dean cosmetic changes included new carpeting and murals in classrooms, One problem which faces this committee is that there are students who may still be interested in interviewing with the military, despite their discriminatory policy toward homosexuals. Unfortunately, this committee will get started too late to formulate a decision which will affect the JAG Corps this semester. Chairing the committee is Professor Charles Ewing, and the faculty representatives will be Profs. Del Cotto and Scales-Trent, and CDO's Audrey Koscielniak. The building renovations committee will be addressing concerns which Dean Filvaroff better lighting on the first floor and an O'Brian Hall Directory in the first floor lobby. The final committee which Filvaroff discussed will address the controversial Faculty Statement on Prohibited Harassment and Discrimination. This committee will try to come up with a code of conduct and to formulate specific procedures for the submission of complaints. . It is Filvaroff's feeling that it is "appropriate that we have as clear and explicit a set of policies and procedures as possible this is a very serious .. undertaking." continued onpage 11 GLS Newsletter Needs Copy The Gay Law Students Organization (GLSO) is happy to announce the first publication of Sexuality and the Law newsletter. Starting this March, the GLSO will be publishing this bi-weekly publication which is designed to stimulate interest in and conversation about the place of sexuality in the legal system. The ascension of AIDS as one of the most talked about issues of our day has brought into focus questions surrounding the place of gays, lesbians and all socially disenfranchised minority groups directly affected by the ravages of AIDS in our legal system and our so- ciety at large. The Sexuality and the Law newsletter will seek to address the legal questions engendered by the AIDS crisis. Furthermore, it will also address other challenges which sexuality poses to our legal system including custody issues, employment discrimination, and other related topics. — If you would like to receive the Sexuality and the Law newsletter, please drop your box number into box #562. In addition, if you would like to contribute any thoughts or writings to the newsletter, please put a brief note indicating as such with your box number. Inside ... Off the Court 3 Res Ipsa Loquitor 7 The "Right" View 7 BPILP Plans 8 Law Review Response 10 The Olympics II �SBA Completes Recommendations To Dean CHILD CARE by Maria I. Doti and Holly Baum As a progressive law school, we must support the access of non-traditional students, many of whom are parents of small children, to a legal education. Quality child care, which is flexible and affordable, is important to all parents and is especially crucial to single parents, many of whom are women. Women traditionally lack the training and skills needed to obtain high paying jobs. Some women, displaced from their traditional roles as wives by divorce and widowhood, are especially vulnerable to fluctuations in the job market. Because quality, affordable child care is an expensive university-wide issue, the entire university community must work together, pooling resources in order to be able to adequately address the gaps in available, affordable child care at SUNY Buffalo. Certainly the Buffalo Model must include a commitment to assist those students, with young children, who seek a law degree; concrete support of on-site child care is one critical aspect of that commitment. We, the student body, request that our Dean be a leader in developing this area at SUNY Buffalo. The university has already discovered some of the benefits of providing on-site child care on the Main Street campus. The Campus Child Care Center presently provides care for children of students, faculty and staff, including a number of law school students and faculty. In addition, the Center provides the opportunity for undergraduate and graduate student interns to gain practical experience and earn credit while working with young children. The Center plans to expand its Main Street facilities in the spring, reducing what has always been a substantial waiting list. While the progress the Campus Child Care Center has made should be applauded, there still remain gaps in meeting the needs of the university community, especially the needs of low-income student parents. For example, the Center offers a sliding scale fee based on a child's age and family income, but the fees are still prohibitive for some student parents. Even when the additional spaces become available, there still promises to be a waiting list. In addition, the needed expansion of the Main Street Campus Center does not address the need for on-site child care on the Amherst Campus. (The only program currently available on the Amherst Campus, the Early ChildhoodCenter, provides two hour pre-school sessions.) On-site care is important to parents with infants who might want to visit their children during their breaks throughout the day, and especially to mothers who are nursing. In addition, the Campus Child Care Center currently operates until 5:30 p.m., making it impossible to attend law classes and meetings which are scheduled after 5 p.m. unless a parent is able to make alternative arrangements for their children to be picked up. These are some of the reasons the feasibility of providing a flexible child care program on the Amherst Campus should be 2 explored. Quality, affordable on-site child care makes sense. It is a draw to prospective faculty, students and staff. Advantages to the university include an increased market share of top students, faculty and professionals, many of whom are parents of young children, who would choose our institution over another which was less generous. Secure child care arrangements also increase the morale of parents and their performance in the classroom and on the job. An Amherst Campus child care program, modeled on the Campus Child Care Center located on Main Street, could also provide expanded clinical opportunities for those students interested in various aspects of early child development. In addition, an Amherst Campus program might be able to utilize university buildings many of which have empty but fully heated basements. In particular, university dormitories such as the Governor's complex, have empty areas and under-utilized kitchen facilities which may be ideal for child care. These possibilities should be explored. In recent years the law school has attracted increasing numbers of students, women and men, who are parents of young children. Therefore, the law school student body requests that our dean make a commitment to provide leadership in taking those steps necessary to meet the special needs of this constituency both in the law school and in the greater uni- — versity community. In summation: I. Areas of concern to law students involving access to quality, affordable and flexible child care include: 1. Need for a fully functioning child care center on the Amherst Campus; 2. Need to extend child care hours to accommodate those who attend classes and other school-related activities which are scheduled in the late afternoon and early evening; 3. Need for subsidies to assist needy students in paying for child care. Subsidies could be included in financial aid packages or direct funding from student activity fees. (The Graduate Student Association offers such assistance to graduate students based on financial need.) 11. Additional concerns of student parents of young children regarding the flexibility of the Law School: 1. Make classes (especially for Ist year students) available as early as possible so that students are able to make adequate child care arrangements; ments; 2. Administration and faculty must be more sensitive to the special needs of parents of young children and give adequate notice of changes in class schedules and make-up classes; 3. Need for more flexibility in exam schedules to allow parents to change an exam time and/or date when a conflict with child care arrangements cannot The Opinion March 2, 1988 be resolved (or when an adequate substitute arrangement for child care is not'available). CURRICULUM Introduction The following findings and recommendations made by the curriculum issue area sub-committee are based on the findings and suggestions of a school-wide survey (22% response), suggestions received by the SBA, direct discussions with students as well as our own experiences with the law school. Topics that appear to be of the greatest concern to the student body include: Black-Letter Law, the Legal Profession class. Research and Writing, Contorts, and oversubscribed classes. Each of these areas will be expanded upon in this section. Black-Letter Law by Krista Hughes The Curriculum Committee has found that students are concerned with the number of "black-letter" or bar-related courses which are offered each semester. Our polling has revealed that many students perceive an inadequacy in the number of coures which, at least on their faces, are aimed at helping students pass the bar exam. However, an apparently equal number of students feel that each semester's offering of bar-related courses is adequate and that, more critical, evaluative courses should be offered. We recognize that this dilemma cannot be resolved if UB is to maintain the degree of diversity which it has achieved. It is important, however, to be aware of these concerns. On a purely practical level, it might be suggested that traditionally high-demand courses be offered more frequently, or in several sections in the same semester. However, we realize that the scheduling of courses each semester depends upon the availability of people to teach them. Yet it is hoped that a heightened awareness of student concerns and needs in these areas will help the administration to better focus upon addressing those concerns and meeting those needs. Legal Profession by Tammie Schultz Profession/PerspecLegal tives on the Lawyering Process is that component of the firstyear curriculum designed to integrate and develop important themes and issues that are often left unexamined during this period of "learning the law and becoming professionalized as lawyers." Learning to "think like lawyers... to practice law," involves, at the threshold, an examination of a profession; for, along with the substantive law, the "tools" so to speak, comes the inevitable ethical dilemmas and coincident professional responsibilities. While each first-year section participates in the Legal Professions curriculum, the structure and focus does vary from section to section, year to year. However, the fundamental themes remain consistent. Legal Professions was implemented in response to feelings articulated by students and faculty that the "Broader Picture" was missing. In order to assess whether Professions has or will continue to fill the gap, law students participated in a survey responding to the question: "Was your Legal Professions course adequate?" One hundred and ninety-six (196) Ist, 2nd and 3rd year law students responded to the inquiry. The results are significant, reflecting a declining satisfaction with the course as the year in school ascends. Of the 69first-year students responding, 41 found the course adequate. In contrast, 27 out of 69 second-year students, and a very significant 41 out of 58 third-years expressed their keen dissatisfaction with the course. Criticism ranged from "this is a blow-off course" to "Professions involves important feelings and conceptions." The majority of students who expressed their satisfaction with the course viewed Legal Profession/Perspectives as valuable, feeling "it was a good way to look at the profession a good introduction to many areas involving ethics and lawyering." Bottom line, the Profession course "at least serves to make law students aware of such issues." Surveying the perceptions of students who provided such commentary demonstrates that Legal Professions is a necessary and worthwhile component of our legal education. However, the majority of students share the opinion that Legal Profession falls short of its potential. Three critical areas involve grading, substance, and "slant." Students across the board expressed gross dissatisfaction with grading. The total disassociation between attendance, active participation, examination and final grade is particularly disturbing, reflecting the reality of students "who admittedly skip the major portion of the course or the entire course but receive an H" "How can we promote participation when in the end it doesn't really matter?" These perceptions reinforce the characterization of Legal Professions as a "blow-off course" and lead a number of students to agree that "it was an adequate course if all you aimed for was a good grade." Suggestions for improving the course, and ultimately the attitude of students approaching it, involve a grading system that credits small group participation in assignments, Simula- ... . . tions and discussion, "with some emphasis placed on attendance." Assessing the substance of the course, many students agreed that there is a "pervasive lack of a clear objective." The dissatisfaction among firstyears focused on the use of rhetorical questions without a corresponding emphasis on "Bar Association and professional rules and ethics ethical aspects and framework with which to formulate some answers." Second and third year students articulated similar concerns, suggesting that the course would be much more valuable and fulfilling if it included some analysis and preparation for the MPRE, with "more serious attention paid to ethics." The responses of first, second and third year students reflect a prominent perception that Legal Professions is unacceptably "slanted" "partisan and one-sided" in its approach to practice, sending the "down with big firms, up with public interest" message, while ignoring the need to explore issues. Students agree that "a balancing of approaches is an immediate requisite," for without such a balance discussion is most often "useless and offensive, based on attitudes of specific speakers, ignorant of individual needs." As such, the course is also criticized as "not very realistic regarding ethical concerns, unfulfilling given my career objectives, irrelevent from my point of view." One solution involves "visiting professionals" who will "speak openly from experience and be available to address troubling questions." In conclusion, let it be reiterated that the survey did not reveal a consensus or call to discontinue the Legal Profession/ Perspective course. Students did, however, express frustration and disappointment that the course is failing its true potential, articulating an obvious call for reform. We believe that satisfactory solutions can be arrived at through joint student-faculty efforts, whereby our School of Law can build a Profession curriculum that is educating, illuminating, energetic, reflective and personally, as well as professionally, fulfilling. Phase I is in motion the Profession course is in place. It is time for the students and faculty to initiate Phase II reform. .. .. — — — continued on page 5 Attention: 3rd Year Students Anyone who is interested in serving on the faculty student committee to select recipients of the Public Interest Summer Internships should submit a letter of interest to the SBA office by 5:00 pm Monday, March 7. Interviews will be conducted on Wednesday, March 9. �SBA Briefs by John Williams Committees Formed To Address Issues of Concern In the last two weeks, four new committees have been formed in the law school. The committees consist of faculty and students and are supposed to represent a community effort at addressing certain problems that plague the law school. The new committees are a by-product of the new administration led by Dave Filvaroff. They are the Committee on Handicapped Students, Committee on Military Recruiting at the Law School, Committee on the Student Lounge and other building changes, and the Committee on Code of Conduct for Faculty and Staff. The Committee on Handicapped Students was established to address the needs of handi- capped and disabled students. The population of students who are in this category has grown a great deal over the last three years, and to some extent their needs have been neglected. The committee is empowered to come up with new ways to make handicapped and disabled students' lives at Buffalo easier. I would strongly urge those students who wish to make recommendations to this committee to do so through the office of Associate Dean Lee Albert, in Room 317. The Committee on Military Recruiting of the Law School was formed to address the blatant discriminatory policy of the JAG Corps against the recruitment of homosexuals. This committee is supposed to pass a final resolution for the next academic year on whether or not to ban the military from recruiting and interviewing in the law school. It is my opinion that this committee should not only address JAG but all types of discriminatory policies of employers (i.e. race, sex, religion, and handicapped) who recruit at this school. The military has made it easy for us because they have a written policy; what about the firms or agencies that come to this school that have unwritten of discrimination policies against a certain group(s)? The Committee on the Student Lounge and other building changes was created by the new dean to enhance the law school and give a sense of home. The dean's big proposal in this area is to construct/convert the two fourth floor lounges into one student lounge. This would mean that the staffwould have to relocate. According to the Dean, the staff is willing to cooperate with his proposal. If this proposal goes through, the student owes the staff a great deal of thanks for giving up their space. Conduct will be a committee designed to set moral as well as ethical guidelines for faculty and staff members. This committee almost seems to resemble the recent harassment statement that the faculty has passed pertaining to student conduct. All resolutions from the committees will have to be approved by the faculty. Let's hope that they will be a cooperative group, because many of the resolutions will reflect student views. In other words, we should respect our only legitimate voice into the governance of this law school: the committee process. The Committee on Code of By-Law 13 Requires Charter and Constitution by Kimi Lynn King Well folks, it seems that we survived the audit intact. A full report of the auditor's evaluation will be reprinted in The Opinion after it is released later this week. However as a preliminary I would like to remind all of the student organizations of the following. This list was put into your organizational mailboxes Feb. 5. If you have not done so, please check your mailboxes on the 3d floor of O'Brian (in the Xerox room). Every single organization needs to have a Charter and a Constitution drawn up before the April '88 budget meeting. Some organizations have one or the other. If you have not submitted both to me, please do so. The Charter is basically a statement of purpose for your group. The Constitution is the rules by which you work. Groups may also specify in their Constitution that amendments to the Constitution will be accomplished through ByLaws. By-Laws are not necessary, but they make amending your Constitution much easier. Due to the difficulties of scrounging up a Founding Father to help you out and if you are having trouble, please see me during my office hours (Monday 11 am 2 pm). Groups whodo not meet this requirement by April 1, 1988 will not receive funding for the next year! It's a hateful rule, I know, but if it makes you feel any better, the S.B.A. is having to update theirs as well. Also, groups were to have completed their article for The Opinion by March 1. If you need - an extension, you need to ask S.B.A. for it. Please indicatethat your article is for By-Law 13 compliance when it is printed. Theauditor had a hard timetelling which articles were for com- pliance! Likewise, groups were to have sent representatives to an S.B.A. meeting by March 1 to meet your By-Law 13 compliance for the Spring semester. If your organization has not done so, please get going. If you have not by the time for budget requests, your funding will be lost! Budget requests are due Friday, March 25 at 5:00 pm to the S.B.A. office (Rm. 101). Forms will be available today after 5:00 pm. April 12 and 13 (Tuesday and Wednesday), we will be having budget hearings to decide next year's budget. Budget allocations will be based on the following: Numberof activities thisyear Types of activities this year Current yearfiscal budget appropriated Current year fiscal budget expended By-Law 13 compliance Fundraising group has done (this is in your favor) Plans for next year Please sign-up for a time slot outside the S.B.A. office door when you submit your budget request. Organizations which do not submit requests, nor appear for budget hearings will be denied funding for the allocation process. I am sure that all of you read the scandal going on with the Undergraduate Student Association. Make no mistake, last year the EntertainmentLaw Society did not submit theirs and they lost all of theirfunding. Admittedly it's an ugly policy, but to do otherwise means that 24 separate organizations couldall submit their requests whenever. The buck stops here don't letit stop your or- .. ganization. As I peruse overthe books for the 8.5.A., there are a few organizations which have been rather inactive this year. Please in buying a space to advertise your group, please talk to your members. This year we will be having a Centennial Dinner Dance on Friday, March 18. Last year most of the groups donated part of their funds to co-sponsor the dance. If your group is interested, please let us know in writing how much you would like to donate. If you have ideas for music, please let us know. Salvatore's Gardens has been Dates To Remember MARCH 25 Budget Requests Are Due APRIL 12 & 13 cost of renting the Trafalmadore Cafe, please contact Kelley Omel (2nd year Class Director) a.s.a.p. Please encourage your members who might be interested in getting an act together, to do so!!! Near the end of the year, the S.B.A. always starts to run out of $$$. Inevitably, there are groups and persons who approach us for bucks. If your organization would be willing to sponsor activities please let us know a.s.a.p. Groups who do help out with funding shortages will be given credit for having cosponsored an activity in the budget process. Groups were requested to fill in the following form, but unfortunately only a few have come in. Please get these to me by Thursday, March 10 at 5:00 pm. We are doing an inventory of space and telephone allocations. Budget Meeting APRIL Organization Name Budget Vote Office Location Compliance with this schedule is mandatory for obtaining SBA funding for next year. keep in mind that this will be taken into consideration during the hearings. But the good news is that there is still time to get plans together eitherwith other organizations here in the law school or with the University community. Here are a few ideas: Yearbook! We are trying to keep this thing going. If your organization might be interested chosen for their annual bash and we are also going to send out flyers to the Alumni and Faculty. On Thursday night, April 7, we will be hosting the infamous Law Revue. It's our annual talent show and generally good reason to "roast" the Law School. If your groups are interested in either participating or dontaing funds to cover the Off The Court TelephoneNumber Charter? □ Yes □ No Constitution? □ Yes □ No Opinion Article 87-88? DYes DNo Please give date (printed or expected) Contact Person 87-88 Telephone Number Mailbox Number Please return to #424 by Thursday, March 10 by Andrew Culbertson BEevYryrtho:inD agunWAdlwteys, eath Traditionally, the problem of alcohol within sports has been given very little attention. Somehow, being a legal "drug" has allowed alcohol to escape scrutiny within professional athletics. The best example of this would have to be Babe Ruth. Ruth, considered by many to be the greatest baseball player of all time, was, at least by today's standards, an alcoholic. If anything, being a lush merely made the Babe more of a legend. Here was a guy who could party all night, and then hit three home runs the next day. After a typical Ruthian binge, most mortals wouldn't be able to walk, let alone play baseball, for several days. Fortunately, alcoholism within sports has come to be recognized as the serious problem that it is. Like any problem, however, it has taken a number of unfortunate incidents for it to get the attention it deserves. Athletes such as Don Newcomb, Bob Welch, and Bernard King have all battled, and had their careers either ended or seriously threatened, by alcohol. Pelle Lindberg, a former NHL goalie, drove into a wall (fatally) after a few too many drinks. Six Minnesota Vikings, within a 14-month period, were arrested for driving while intoxicated. In terms of degrees of seriousness, alcohol has typically played second fiddle to "hard" drugs within the realm of sports. Admittedly though, it has been proven that alcohol can be just as dangerous, if not more detrimental, than other drugs. Drawing on this analogy, I would propose that beer has played (and is still playing) the same role to "hard" alcohol, as alcohol has played to other drugs. In regard to beer, the story of Chris Mullin has opened a few eyes. Mullin, a professional basketball player, recently underwent rehabilitation for a beer-drinking problem. Although technically alcohol is alcohol, beer has been treated differently than other, more potent, types of alcohol. "Potency" is the key word in this case. Since beer is the weakest alcoholic beverage, there is a popular misconception that it is less dangerous. This is simply not the case. The biggest culprits in this instance are the beer companies themselves, in conjunction with ex-athletes and professional sports organizations. Although beer companies aren't the primary reason why sports and alcohol have been linked in the past, they're doing their best to keep this connection alive. All you have to do is turn on the television. "Today's kickoff is sponsored by Budweiser." "Miller. Proud sponsor of the 1988Winter Olympics." Or how about the famed Miller Lite Softball games and bowling continued onpage 10 March 2, 1988 The Opinion 3 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 phone: (516) 747-4311 The Bar Course That Cares, 4 The Opinion March 2, 1988 �SBA Committees from page 2 Research and Writing by Alexei Schacht While 49.5% of one-hundred and ninety-six (196) respondents said that their Research and Writing ("R&W" herein) courses were "adequate," there was also widespread dissatisfaction with some elements of R & W, even by those who felt that the course was "adequate." Forty-six percent of the respondents said that R&W was not adequate and four percent had no opinion. Most significantly, the respondents complained in their written comments about their teaching assistants or TAs. There was a widespread feeling that the TAs were too inexperienced and unqualified to teach the course. Students recommended that the school hire either practicing attorneys or professors to teach R&W. Perhaps surprisingly, many students also felt that the number of assignments were too few and that more research should be demanded of the students. Several second and third year students, possibly because they have had "real world" legal experience by now, thought that more practice in writing pleadings, as opposed to memoranda and/or briefs, could be used. There was a feeling among several students that R&W should also include more practice in oral presentation and arguing. Presently, R&W classes have only one oral argument at the end of the second semester. However, it must be emphasized that R & W, as opposed to certain other courses, was felt by the respondents to be an essential course that simply needs some improving. In fact, a few students mentioned that it would be helpful to have second and third year R&W courses. Con-Torts by Carolyn Henry Con-torts is a first year, section three course, basically described as a theoretical mixture of contract and tort law. It deals with a theme that is becoming increasingly important in many areas of law. However, there has been increasing discussion and debate on whether this course should remain a first year course or whether it should become an upperclass elective. A number of former students of the course say they feel they lack a fundamental and working knowledge of either contract or tort law. They feel at a disadvantage in later courses and employment as a result of this lack of substantive law. Proponents of the class argue that students should not be preoccupied with memorizing rules. Rules can be taught by reference to a hornbook. The law school experience should give the student the analytical ability to deal with the rules and not the ability to merely memorize them. The school-wide survey conducted by this committee supports the proposition of making Con-torts an upperclass elective and taking it out of the first year curriculum. When asked whether Con-torts should be an upper-class elective rather than a first-year required course: 45% said that it should be an upperclass elective; 38% said that it should not be. The majority of negative responses said that it should be eliminated; while a small minority said that it shouldremain a first-year course. Seventeen percent had no opinion. The majority of students responding negatively expressed the opinion that the course itself is not worthwhile, and that it should be eliminated altogether. Some questioned whether anyone would be interested ill this course having taken contract and tort law in their first year. (This assertion can be somewhat rebutted — when questioned on what areas of the curriculum they felt were under-represented, some stu- dents expressed an interest in advanced tort and contract law.) The majority of students responding to our survey (both positive and negative responses) expressed overwhelmingly the opinion that this course should be taken out of the first year curriculum. They state that the course is fundamentally unfair to those students in section three. It handicaps those students in two fundamental areas of law and puts them at a disadvantage in relation with other students in the school. Even those students who said that they enjoyed and felt the course was worthwhile agreed that there is a need for the students to learn the basic legal principles of contract and tort law. An argument posed by those in favor of the course as an upper-class elective is that by opening up the class to those students who want to take the course and who have a basic foundation in both areas, the course's objective will be better served and those students will more fully appreciate the THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE 1 INTENSIVE QUESTION REVIEW: Over eighteen hours of in-class experienced law school professors is an question analysis by integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. 2 NARRATIVE bar TEXTS: The law need to know for is —not outlined—in comprehensive texts. explained for you your exam our you 3 CONVENIENCE: jurisdictions is available UNPARALLELED Preparation for the bar exams of nineteen at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR I (IKAPIAN-SMH v L *«««., IBAR REVIEW SERVICES SeeyourOampusßep,orcall: BUFFALO AREA cr L d Ka P ,an 1330 Niagara Falls Blvd. *«%»■ " ' ;„ ' Tonawanda, New York 14150 (800)2234782 (800)343-9188 — — — — by Carolyn Henry One of the most frustrating things faced by a student is to be closed out of a particular course they need or want. This problem is especially acute for 2nd year students. It is not uncommon for a 2nd year to be closed out of one or two classes, forcing them to take a course merely to get the credit hours. survey The school-wide questioned students on those courses they had been closed out of; those courses receiving the most responses were: Gratuitous Transfers (this course is offered once a year and is open to 150 students); Property II (this course is offered once a year and is a prerequisite to Property III); Corporations (offered in both semesters 2 sections in the fall semester, 1 in the spring); Commercial Paper (offered once a year). General suggestions made by students in this area to help alleviate this problem include allowing a larger numberof students to take the class; offer more sections of a particular course which is in great demand or offer cetain courses in both semesters rather than in just one. Miscellaneous Courses by Carolyn Henry Students have suggested many areas of law which they felt have been under-represented in the present curriculum. Some of these areas include: — — — — — continued on page 8 1111111111111111111111111111111111111111111111111l _ • PROFESSIONAL TYPESETTING R Illinois New Hampshire Rhode Island California New Jersey Texas Colorado Maine New Mexico Vermont Maryland Connecticut Virginia Dist. of Columbia Massachusetts New York Michigan Pennsylvania Florida If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. _«. theoretical aspects of the course. Thus, by opening up this course to the upper-class, all sides of this issue can be satisfied. All first year students will get the fundamental legal and theoretical principles of both Contract and Tort Law. The course will be out of first-year so not to put one section's students at a disadvantage over the others. Those upper-class students choosing this course will more fully appreciate the theoretical aspects of the courseforthey will havea basic foundation in both areas of law. Those who feel that this course is not worthwhile could simply choose not to take the course. Over-Subscribed Classes (716)837-8022 ©1987 Kaplan-SMH OFFSET • PRINTING • FAST SERVICE COMPETITIVE • PRICING MANY • DIFFERENT C C S .U. ■ a m £ TYPESTYLES & PAPERS S • RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! VISIT US FOR A CALL US OR QUOTATION TODAY! ■ _,i.l LtilKO oTdTIcV?(? 3171 Main Street r«Wn S. ot Wlntpm) Buffal NY 835"0100 ° 1676 Nia. Falls Blvd. *"••• »<»" k-*««J Tonawanda, NY 834*7046 March 2, 1988 The Opinion 5 �OPINION |BS" STATE UNIVERSITY OF SEW YORK AT BUFFALO SCHOOLOf l.« March 2, 1988 Volume 28, No. 10 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: Krista Hughes Zulma Bodon Daniel Ibarrondo Melinda K. Schneider Photographer: JosephConboy Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Victor Arias, Michael Banks, Holly Baum, Maria Doti, Carolyn Henry, Kimi Lynn King, Jeff Markello, Angel Maori, Rohan Marshall, Kelley Omel, Maria Rivera, Tammie Schultz, Karen Surber, Mo Train. C Copyright 1986, The Opinion. SBA. Any reproduction ofmaterials hereinis strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those ofthe Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Wordsand Graphics, Inc. A Democratic Law School? The idea of a democratic law school is an enticing and intriguing one. Some law students are fascinated by an opportunity to participate in policy making and to assist in building programs within O'Brian Hall. Other law students shun such ideas and simply attend classes and leave the community as soon as those classes are done. What we try to do at the Opinion is report and comment on the law school community and raise relevant, hard problems and issues that concern this community. One of the hard issues that has been debated at UB Law for a number of years has been the admission policies of the Buffalo Law Review. In our last issue John Bonazzi's opinion piece, "Law Review Selection Process Deemed Undemocratic," while sometimes venomous and overblown, nevertheless raised a very important issue recently absent from debate at ÜB. With this issue of the Opinion, responses to the "undemocratic" charge come from two diametrically opposed authors. Both are equally ambivalent about the substance of the Bonazzi opinion piece, yet criticize the piece from very different perspectives. Michael Banks is a note and comment editor on the Buffalo Law Review and gives an articulate and thorough exposition of the present process by which the Review chooses its new associates from the first-year class. Mr. Banks lauds the Review as having "one of the best processes being used by any law review in the country" and stipulates that no first-year student is ever forced to compete to gain access to the Review. Bill Magavern is a third-year student who, when offered a position on the Buffalo Law Review declined the invitation. Mr. Magavern lists among his reasons for refusing an associateship: a pervasive atmosphere of elitism, resume building, and an underrepresentation of women and people of color on the Review. While it is a true statement that no law student is ever forced to be a member of the Buffalo Law Review it must be said that every student must compete if s/he wants to become a member. As law students we all know that certain competitions which are structured certain ways tend to have an exclusitory or inclusitory effect on certain groups or classes of people. Does the Buffalo Law Review have the "best" selection process it possibly could? Does the process as it stands now exclude certain groups? Is an exam grade tally and a 10-day, eight-page casenote competition the "best" way to get the careful mixture of imagination, critical analysis, and writing talent which is necessary for every successful scholarly journalist? If the Review selection process is one of the "best," why did it have to be amended in 1984 to include an affirmative action program because people of color were not being asked to become members? If women are underrepresented on the membership of the Buffalo Law Review, why has the Review not made an explicit and concerted effort to recruit women into its ranks? Why is it that the majority of the members on the Buffalo Law Review are still white and male? We think these are valid questions to ask and hope you will start asking them of members of the Buffalo Law Review or those who wish to become members. If the Yale Law Journal uses no selection process and is open to every Yale law student, and yet continues to be a successful publication, why should the Buffalo Law Review insist on the continuance of a selection process? Tradition should not be allowed as a defense when the only substance such a tradition has is to exclude certain groups or classes of people. Some argue that attempting to manage and administer the work of all those who would want to participate in the Review would be impossible. Why is it possible for those at the Yale Law Journal but not those at the Buffalo Law Review? Brett Gilbert is a 1987 graduate of UB Law presently working for Legal Aid Appeals in New York City. In the fall of 1985, Mr. Gilbert wrote an opinion piece for this paper entitled "Collective Law Review" in which he called for exactly that, a collectively and democratically operated Buffalo Law Review. The following paragraph is taken from that Opinion piece: "We should not be deterred in an attempt to make the Buffalo Law Review a collective, democratically controlled organization which would be open to all students who wished to join it. A collective Law Review would help liberate us from destructive and alienating competition which destroys group solidarity; a collective Law Review would allow all students to partake in whatever wisdom the Law Review has to offer; a collective Law Review would lead us to its demystification so as to eliminate its reputation as an elitist organization; but most importantly, a collective Law Review would help students see more clearly the power relationships in our society so they are better able to direct their energies against common enemies, rather than at each other. Finally, we should collectivize the Law Review if for no other reason than to maintain internal consistency here at ÜB. Our law school is premised on an amorphous concept known as the Buffalo model which, from what I understand, tries to maintain a non-competitive, collective spirit amongst students and faculty. It is pure hypocrisy to publicly advertise the benefits and virtues of the Buffalo model while also perpetuating the existing organization of the Buffalo Law Review. We should be honest with ourselves and concede the contradiction, for the resolution of the contradiction will make us stronger." Mr. Gilbert makes a strong argument, an argument that those who wish to see the Review continue in its current organization were unable to refute in the fall of 1985. Now with the passage of time we think the argument for an open law review has only become stronger. And once again, such an argument will not be able to be refuted by those who wish to see the Review continue as it We shall see. Of Rights And Privileges The traditional ways of our society are changing. Changes in societal norms, morals and values can be channeled into positive modes of co-existence instead of being tools for subjugation. Law school is but a microcosm of society-at-large. Like society-at-large, particularly in terms of representation, rights and privileges, law schools throughout the nation are experiencing changes. The recent commentaries on affirmative action in Law Review and Moot Court, as well as the JAG Corps' recruiting on campus while they openly discriminate against gay law students and attorneys, are all representative of the changes occurring in our law school. Although law students may not participate as much as they did with societyat-large, it would undermine the basic function of education: that is, to adjust, learn and communicate, if solutions were not sought at this micro level. We seek to learn the law, its use and application. To acquire these tools and use them in conjuring arguments to deny rights and privileges to the other half of America would be to go against the teachings of fairness and justice. We must seek to uphold the law: that is, we must seek to ensure that the traditional rights and privileges are extended to all Americans. As such, we must deal with the frictions and differences that exist in the legal profession and society-at-large. One beginning that is both positive and fruitful would be to ensure that the rights and privileges of our colleagues are advanced and protected. 6 The Opinion March 2, 1988 The Opinion Mailbox Law Review Fosters Elitism To the Editor: Reading JohnBonazzi's "Law Review Selection Process Deemed Undemocratic" gave me the mixed emotions of recognition and satisfaction. I recognized some of the ideas and phrases in the article as my own, taken from the comments I had put in the "Suggestion Box," which were posted (anonymously) outside of the library with the other suggestions. More importantly, I was satisfied to see that Mr. Bonazzi had given my comments more thought than did the SBA's "Miscellaneous Committee," which dismissed them perfunctorily. I agree wholeheartedly with Mr. Bonazzi's arguments that the current selection process for the Buffalo Law Review fosters elitist snobbery and that all students who want to work on the journal should be allowed to. For those reasons, in large part, I declined an invitation to join the Review 18 months ago. Some people, I've been told, considered my decision strange, but I've certainly never regretted it. The Buffalo Law Review seems to have more to do with elitism and resume building than with legal scholarship. Audrey at the CDO contributes to this undermining of theBuffalo Model by telling students to "put the words 'Law Review' in neon lights on your resume" and by referring to Law Review students as her 'stars,' and it seems to be generally believed that having that neon sign greatly increases one's chances of finding a desirable job. Perhaps employers do indeed prefer to hire Law Review members, but I don't know why. Law Review members don't seem to be at all superior to the rest of us in intelligence, legal aptitude, creativity, or amiability, some of thequalities that I would think employers would look for. As Mr. Bonazzi points out, the Law Review's selection criteria are not particularly good measurements of ability. The results bear this out. Women and people of color are underrepresented on the Law Review. Is that because they're less qualified than white men? I think not. Many current Review members will no doubt protest the idea of opening up membership, but the idea is hardly extreme. Other campus publications, like The Opinion and In the Public Interest, have open membership. If Law Review membership were open to anyone willing and able to do the work, I'm sure the journal would not fall apart. In fact, the extra hands might enable it to bring its lagging production schedule up to date. Mr. Bonazzi erred, though, in calling the Law Review "the only scholarly activity in the law school." I'm not sure exactly what he means by this, because scholarly activity is the regular business of the law school. If he refers to extracurricular student involvement in scholarly activity, he has omitted two areas. First, many students assist and collaborate with professors in their scholarly work, gaining both valuable experience and hard cash through research assistantships, Baldy fellowships and the like. The school should try to expand funding for these positions so that more students can benefit from them. Secondly, In the Public Interest is a student-run journal that actually publishes student articles. (The Law Review, on the other hand, no longer offers a publication outlet to more than a select few students. How many members of the classes of '88 and '89 have published in the Review?) Granted, ITPI has a progressive political bent that will not appeal to everyone, but its editors have consistently accommodated a diverse range of viewpoints within that general progressive tendency. All of this reminds me that last year The Opinion printed storiesabout a new campus law journal that would publish student work. Since then, I have heard nothing about this proposed journal, though it has received SBA funding. Can you write an update? Sincerely, Bill Magavern Guild Wrong on JAG Corps by Shawn Griffin The recent protest against the Judge Advocate General's hiring practices brings up several important issues. The National Lawyers Guild has taken upon themselves the task of protesting discrimination against gays by the Armed Services. The purpose of a protest is to highlight an issue. In this respect the protest has served its purpose but when the N.L.G. attempts to go further by pressuring the faculty and CDO to exclude the JAG from hiring on campus they have gone too far. The basis of the protest was their objection to discrimination against gays. In light of this platform, it is hypocritical to argue forthe use of discriminatory practices by CDO. To protest the JAG hiring policies by eliminating this job opportunity for U.B. law students is discrimination in and of itself. The discrimination of a small number of gay students is merely shifted to the students pursuing job opportunities in the JAG. There were 25 to 30 students who interviewed with the JAG. Should these students be deprived of a job opportunity in orderto protest a point? The reason for a protest is to shed light on an issue. This issue is a social issue which must be addressed by our society in the proper forum. The N.L.G. can shed light on the issue by sitting in front of the library, but the way to change this policy is not a local issue which can be affected by local actions. The military is a governmental entity which is subject to change in three ways: judicially, legislatively, and by executive order. The Supreme Court has taken an active role in detering discrimination. Gay discrimination in the military is presently an issue in our court system and may reach the Supreme Court if the San Francisco ruling extending the suspect classification to gays is appealed to this level. Previously, gay discrimination was tested against a rational basis test. In light of prior decisions rejecting the extension of this category to age and gender discrimination it seems unlikely that the court will allow the lower court ruling to stand. Only when discrimination is within the suspect classifications will affirmative action be justified. If the N.L.G. proposal is forced upon our school we will be, in effect, taking affirmative action. Admittedly, if the Supreme Courtholdsthatgaysare within the suspect classification there will be grounds for affirmative action. But if the Supreme Court takes the more likely path of applying the less restrictive rational basis test, af- firmative action will not be justified. (Unless the Supreme Court finds that the military's reasons fail even the rational basis test.) Affirmative action is a strong social tool which must be used sparingly in order to prevent its abuse. This concern against overuse is the reason the Supreme Court has restricted the protected classes. It is a tool our judicial system has used sparingly and one our law school should use sparingly. Whatever the outcome, it is a social issue which must be changed through either judicial, executive or legislative action. It is your government which maintains this policy and as law students the N.L.G. as well as anyone should know how to change governmental Write your Conpolicy. gressman or woman, write to the president, make people aware of the issue and ask for their support, but don't deprive me or any other U.B. law student of a career opportunity to make your point. BAR-BRI Ads Mislead; Pieper Is TheBetter Choice To the Editor: In the highly competitive business world, the use of deceptive advertising is all too prevalent today. To see this type of advertising in The Opinion, however, is something that should not be tolerated. Once again, BAR/BRI Bar Review has bought advertising space in the law school newspaper for the purpose of misleading students about the quality of the Pieper New York- Multi-State Bar Review ("Take This Pieper Multiple Choice Bar Examination," The Opinion, Feb. 17, 1988). I am not a Pieper representative, but I have placed my deposit with Pieper to take his course. This decision was made after careful consideration of the merits of each course presented to me by both Pieper and BAR/BRI representatives. continued on page 10 �Res Ipsa Loquitor by Daniel Ibarrondo ChangesIn Our Society Must Begin With Ourselves "What men value in society is not rights, but privileges." H.L. Mencken — This past week we have witnessed on one end the presence of the JAG Corps recruiters on campus and the NLG on the other. Two things came to mind as I signed the petition sheet and then a few hours later I decided to play devil's advocate with the organizers at the table. I remembered a meeting some time back with a few friends. Present at the meeting was Gloria Steinem, whom I thank for my enlightenment. Chatting about a world ruled by men, Gloria stated that if men had sanitary napkins periods, would be free. I couldn't believe how many men would break their backs searching for legal rules and standards to justify their own feeling of insecurity when it comes to the gay population or any type of positive assertiveness by womyn or non-caucasians. Wake up and face the fact that the "I'm a straight white macho male and my values and morals is the law" syndrome that existed in our society can no longer be tolerated. Co-existence with sensitivity and concern for others is the name of the game now. We all want the privileges that we were deniedand are entitled to. Equal toilets and stalls in womyn and men's bathrooms in public places was a beginning, thanksto Bella Abzug, and we will not be satisfied until we obtain the same equality in the public and private sectors. The subjugation of womyn at home and the workplace must come to an end.The discrimina- tion against gays and noncaucasians must also end. If men would take the time and "look in the mirror," hopefully they'll realize that the extension of privileges to womyn, gays and non-caucasians would relieve them of a lot of the tension and hangups that they now harbor. The second thing that came to mind was that I found the analogy of sexual orientation discrimination and racial discrimination very interesting. When asked to sign the petition (which I had already signed a few hours before) I responded by saying that it was an infringement on my rights to negate to me the opportunity of interviewing with the JAG Corps, or something to that effect. I was posed with the question, "What if they discriminated against minorities, would you like them to recruit on campus?" (Note: As a citizen of this world, I caution the use of the term "minority." Outside the boundaries of local, city, state and national insecurities in any country or hemisphere, noncaucasians are the "majority.") Anyway, obviously not. But then again, most employers would not dare discriminate so openly against non-caucasians. They would rather not hire and hide behind the cloak of "equal opportunity employer" or "affirmative action employer." It's a nice way of saying, "We'll interview you and accept your resume only because the federal government tells us to but quite honestly we're not interested in hiring non-caucasians. It's not the look we want to know better." Womyn have been discriminated against, non-caucasians discriminated have been against and gays have been discriminated against. Obviously, there is common ground to work together for the benefit of each other. The victories of one group are the joys of the others. The non-caucasian group crosses the boundaries of the other two. There are non-caucasian gays, and there are thousands of non-caucasian womyn who are becoming, if they're not already, the new underclass. I wonder if the womyn and gay groups would rally behind the lack of employment opportunities forthe skilled and unskilled non-caucasians? Or would this be of concern only to AALSA, BALSA and LALSA? My dear liberal friends, let's clean up our house with the same force and energy that we dedicate to the "unpopular" causes of the world. of the American amalgam, share a particularly bitter understanding of economic insecurity, social unrest, and uncertain, if not dire, fears of what the future will bring. The reason for their bitter experience is that they know they are like "strangers in a strange land," treated like outsiders by a white majority that does not want to live with them, work alongside them, or share friendships with them. It seems the only thing that whites want to do if forget that they exist. You might hear whites saying, "I am not responsible for what happened during the time of slavery," or, "Why should I be made to feel guilty for something that I did not personally do to THEM? Most of the time it is their own fault." Superficially, these hypothetical comments ring true for many whites in America. It should be understood, however, that people can never really know the effects of their actions and behavior on other people until they take that proverbial walk in another person's shoes. Only from that vantage point can Caucasians begin to understand the nature of the racism that whites, collectively and individually, perpetrate on their Afro-American brothers and sisters. To get an idea of an African American's life it is necessary to dig back into the creation of this idea, this creation called "America." It started as an ambitious group of culturally chauvinistic Puritans, merchant adventurers, and indentured servants (white slaves). The smell of an empire to be built was ripe in our nostrils. A major problem immediately intruded on the consciousness of these early settlers how to convert raw land, occupied by Native Americans, into the stuff of empires when such a paucity of labor existed? Everyone who came over from Europe, including the indentured servants who eventually fulfilled their "contracts," wanted their own land to farm for themselves. To work for another was a repugnant existence. The answer to this quandary was simple: Permanent, free labor. But whatgroup of people would work, to make another rich, for nothing and for the duration of their lives? Another simple answer: The ones forced to the point of death to do so. Beyond simple force, though, whites needed a psychological mechanism to justify their perception of themselves as Chris- tian, high-minded (after all, only a high-minded people can build such wonderful things as empires) and virtuous folk while they embarked upon the most massive enslavement of a people in human history. They had to be able to justify themselves. The answer to this was also simple. The Africans are not PEOPLE. They cannot feel, think, react, love, cry, or die like US white folk, the true people. They were meant, better yet destined, to work for US so that we can build our empires and for 250 years they built this empire for free. That great document, our Constitution, was born in the heart of slavery. Its language cried for the highest exaltation of a free people. George Washington, a man we are trained to this day to admire unrestrainedly, be we black or white, built a great empire using the backs of the ancestors of your black schoolmates. (Did you ever wonder sometimes when you touch their skin can you feel their collective pain?) Thomas Jefferson is the man remembered for fighting for the inalienable rights of the people. He was a "benevolent" slaveholder; a contradiction in terms. Lives Of Afro-Americans Have Seen Little Improvement by Angel Maori The date is February 4, the year is 1988. For most Americans, namely those of the Caucasian race, it is a time of economic uncertainty and social unrest, bringing an atmosphere of general uneasiness about prospects for the future. They want to maintain those rights which they feel are truly inalienable: a decent job, a secure family life and a well needed opportunity to take a break from the strains of earning a livelihood for themselves and theirfamilies. As citizens of this country and taxpayers, they want to see their government make and enforce laws that. provide for the future meaningful needs of themselves and their children. That they belong to this country, and deserve these provisions from the government is taken for granted. While all severely criticize the government from time to time, they also recognize that it must continue to satisfy their needs. For its only true legitimacy is in maintaining the faith of its citizens. For a significant group of Americans though, this vision of American status is an alien one, in many important respects. African Americans, some of our earliest members — .. — — The "Right" View And this high and mighty Constitution they produced said to the people who had built their empires for free: "Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons. " Ironically, it was the slaveholders who wanted to count the people they made slaves as a whole person for the purpose of getting more representation in the legislature. The Northerners wanted to count slaves as no person so they would have a numerical advantage in the legislature. Savage powerplay at its grandest, abusing those fine words "People" and "Persons." The people who wrote our Constitution mocked it the most and left us with a legacy of searing prejudice that still stymies us. Those memorable words of Justice Taney, in the Dred Scott case, expressed the common continued on page 8 by James P. McClusky An Open Border Policy Would Benefit All Americans Recently the leaders of Canada and the United States signed a historic trade treaty removing restrictive tariffs and quotas which currently hinder trade between the two countries. A host of various experts are telling our representatives and senators in Washington that free trade is more efficient than protectionism. Wisely, most will accept this view and, after some political grandstanding for the benefit of their constituents, they will approve the pact. While theseattitudes have gained favor when discussing trade practices, few apply these same principles to our immigration policies. Ethnocentric fears and irrational thinking have caused Americans to effectively close our doors to foreigners. This is so even though almost all of us have ancestors who emigrated to this land of opportunity. Our fears do not allow us to recognize those economic and social gains which would be realized by open immigration. Fear of immigration is not a new phenomenon. Though the fear continues today, levels of immigration are actually down. The immigrants who arrived between 1901-1910 constituted 9.6 percent of the population whereas between 1971-1980 immigrants constituted only 2 percent of the population. Current citizens only have to absorb 20 percent of the immigrant "burden" as our ancestors did at the turn of the century. The most politically powerful argument against admitting immigrants is that they take jobs held by "natives" (U.S.-born citizens) and thereby increase unemployment. The logic is simple: If the number of jobs is fixed, and immigrants occupy some jobs, then there are fewer jobs available for "natives." Thisfails to recognize the fact that immigrants take jobs which are not as appealing to the local residents. (This is as true today as it was when my Irish ancestors came over and worked on the trans-continental railroad.) The recent immigration policy —the amnesty program brought with it a crackdown at the American/ Mexican border. Because of this crackdown west coast farmers were unable to harvest all their crops. Only after a relaxation at the border were there sufficient workers to harvest the remaining crops. Most immigrants have considerable awareness of the labormarket condition in the U.S. and tend not to come if there is little demand for their skills. — Though some would argue that illegal immigrants come for the welfare benefits (not caring if their skills are needed), this is refuted by recent studies which tend to show immigrants generate more revenue in taxes than they take from the state. At the same time, immigrants increase the demand for labor because they consume goods as well as produce them. As has been the case with immigrants throughout U.S. history, current immigrants are just entering their prime work life. Immigrants are usually in their twenties and thirties, contributing taxes and taking little as far as transfer payments are concerned. This is in contrast to the "native" population which has a much lower percentage of its population in their prime work life. Immigrants are also flexi- ble about jobs and geographic locations and therefore are able to adjust to the changing economic conditions which exist. And though a large percentage of immigrants (especially the illegal immigrants) are persons of very low skill and littleeducation, many are equipped with both high skill and high educational backgrounds sothattheir contribution is felt across the entire work force. By offering an open border we enjoy benefits other than economic. Immigration invariety. creases cultural Chinese, French and Greek restaurants are common examples and the recent Chinese New Year celebrations, Little Italys, Chinatowns, Polish-American clubs and SA-sponsored foreign clubs are a few others. These cultural contributions continued on page 10 March 2, 1988 The Opinion 7 �New Spirit At BPILP Prompts Conference, Fund Drive by Michael Kulla In keeping with the new spirit at the Buffalo Public Interest Law Program (BPILP), several projects are in the works this semester. This article will describe briefly what these projects are. Conference We are sponsoring a panel discussion about the backlog of cases at Legal Aid of Buffalo. It is scheduled for Thursday evening, March 17, at the law school.We are finalizing our list of speakers from both the law and the Buffalo legal community. As soon as that is completed, we will announce the panel members. Pledge Drive Our fund-raising efforts are being channeled into a faculty/ student pledge drive. This will likely take place in early to midApril. We will be asking students to contribute on the theme of "Work a Day in the Public Interest" this summer. Don't worry, you will be hearing much more about this campaign in the weeks to come. Brochures BPILP is in the midst of revamping its informational pamphlet. This idea is long overdue. Look for our "new and improved" pamphlets at our conference March 17. Summer Internships BPILP offers the opportunity for first and second year law students to work in public interest agencies in the Western New York area. Our stipend for the summer is $1,500 per student. The selection process is as follows: 1. BPILP solicits proposals from local public interest law offices that would like one of our interns. 2. BPILP evaluates these proposals and selects as many offices for intern placements as our funds allow. 3. CDO solicits your resumes for these offices. 4. The employer chooses the students they wish to interview. 5. The employer does the interviewing, either on campus or at their office. 6. The employer makes their selection of which student they want to work for them. Employer selection and resume deadlines will be forthcoming, probably just before or after March break. If anyone would like further information on any of these events or projects, please leave a note in box 756. This article will satisfy SBA By-law 13 requirements. SBA Committees from page 5 International Law As one anonymous student wrote: "U.B. is well situated to develop its curriculum in international law as the only U.S. law school located on an international border. Moreover, faculty, students and libraries are already engaged in international comparative and legal research ... So I'd encourage the new administration to consider the benefits of developing this vital area of law ." Oral Advocacy Program Many students have expressed a concern that the oral advocacy component of thefirst year Research and Writing program is insufficient. Further, it is felt that moot court and trial technique do not sufficiently train the students in this vital area. Further training could also be combined with an advanced research and writing course. The survey found that many students feel that one year of research and writing was inadequate to impact the necessary and vital skills of legal research and writing. Clinics Establish more clinics and supplement them with course work. Clinics give the student the opportunity to acquire practical experience in law and at the same time serve the community. Other areas in which students have expressed an interest include: Conflicts of law (12 responses); Entertainment law (13 responses); Anti-Trust law (11 responses); Patent/Copyright/ Trademark law (8 responses); Advanced Criminal Law/Evidence (8 responses); and Agency and Partnership (9 re- — . sponses). This list in no way exhausts the suggestions made by the students. Approximately 55 different law-related areas were suggested by the students. The above areas represent those areas in which a large number of students expressed an interest. Field Trip Program by Kelley Omel It is hoped that a formal field trip program can be established which would go into effect next year. Briefly, there could be one out-of-town and one local field trip each semester. Group rates could be obtained to lessen the costs for students. We will be applying for a grant in February to cover the costs of the faculty member leading each out-oftown trip. Law Library by Karen Surber, Victor Arias and Rohan Marshall One of the most important aspects of any law school is its library. The Buffalo Law Library is a resource that is used by all students attending school here. 8 The Opinion Therefore, the library must be compatible with the students' needs. The general consensus from the students attending school at Buffalo Law School is that the library, overall, is more than efficient and is well staffed. However, there are three areas concerning the library in which students have expressed a dire need for change: Undergraduates in the Law Library, Lack of photocopiers in the Law Library, The actual hours the Law Library is open. The following is an attempt to explain the above-stated problems in detail and some of the suggestions offered by law students to alleviate these — — — problems. The first issue is the problem of undergraduates in the Law Library. One of the major problems with allowing undergraduates in the Law Library is that they deprive law students of much-needed space. The deprivation of library space is a major concern and possesses a serious educational implication. The Law Library was constructed to only hold 501 seats, which barely meets A.B.A. accreditation standards for our school. Of those 501 seats, only 228 consist of open or closed carrels and 41 of the closed carrels are supposedly "restricted" for law students. In addition to that, the audio visual floor and 5 conference rooms are for the specific use by law students. Are these enough restricted seats to satisfy the law school population? There are roughly 801 law students, which would entail an immediate shortfall of 300 seats. Now, imagine the courses that require law students to do a considerable amount of research, such as: research and writing, seminars, clinical programs, etc. Will these law studentshave to find another place outside of the Law Library to read and write about what they researched? Or, consider the law students who, for an entire semester, had studied in a particular open carrel and during one of the peak sessions (examinations) finds an undergraduate student occupying that nest they created. Should those law students have the right to ask that person to leave? This example is one of many that law students, especially first years, find themselves confronted by. Can the Law School administration implement any policies which would restrict access to undergraduate students? Since this is a state university, it is open to the public and the law administration is limited in what it can do about this prob- March 2, 1988 lem. Therefore, one possibility that the administration might have as an option is to make a proposal and present it to the hierarchy of the university. This proposal could include, but not exclude, a specific floor strictly for undergraduates who just want to study in the law school environment (sixth floor), or perhaps closing the library to all undergraduates three weeks prior to the start of final examinations. There has also been a suggestion of getting a guard to sit outside the library to control the number of undergraduates entering the library. It has also been suggested that all of the law school's library facilities (faculty library), duplicate reporters be made available to a larger segment of the student body on a seniority basis. Our school's limited facilities should be utilized to their optimal capacity. Again, these are just a few of the possibilities that could be discussed. Tl ere are many more, but we have to get the ball rolling. The second problem is the lack of photocopiers in the Law Library. Law students in general are in a position in which they need to photocopy a tremendous amount of material. At the present time the Law Library has only three photocopiers. Three photocopiers shared by the whole student body does not go very far. If this was not bad enough, the three machines the library does have are not always in working order. There have been times in the recent past when two of the three photocopiers have not been operating. Students are rightfully upset because of the lines on which they have to waste much of their precious time waiting to photocopy material. The lines forming at the photocopiers are not a result of rude students who "hog" the machines. The students are very cooperative (usually) when it comes to the photocopiers, but even withthe student cooperation there are still lines forming. As a result of the lack of photocopy machines in the Law Library, students are forced to go to one of the undergraduate libraries to copy their material. Not only is this uncalled for, but often the materials the students need cannot be taken put of the Law Library because of library policy. Students are not naive about the cost of a photocopier it is an expensive machine. However, considering the enormous amount of material the studentscopy daily, it is reasonable to request that there be more photocopiers in the Buffalo Law School Library. The last major problem is the - — actual hours the Law Library is open. The library hours for this semester are Monday through Thursday from 8 a.m. to 11 p.m., Friday from 8 a.m. to 9 p.m., Saturday from 9 a.m. to 6 p.m., and Sunday from 12 p.m. to 10 p.m. Many students, however, desire a law school library which remains open for longer periods of time. While our Law Library hours are compatible with the other libraries within the University system, the hours are less than those of other law school libraries nationwide. For example, the University of Baltimore's Law Library is open an average of eleven (11) hours longer than our Law Library, and Virginia's Washington and Lee Law Library is open twenty-four (24) hours per day. A few students admit that they do not use the library and its facilities all the while that it is open. However, they contend that limited time discourages them from using it more often, and that if it were open for longer periods of time they would utilize it to that degree. Afro-American . feeling that blacks were not people, whether they were emancipated or not: "The question before us is whether the class of persons described in the plea in abatement compose a portion of this people, and are members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizen' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. "On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose grant them." 60 U.S. (19 How.) 393, 1857. And then a war, ostensibly to free the slaves, followed by the 13th, 14th, and 15th Amendments to the Constitution. While being high-minded in their language, these Amendments were so narrowly defined by the federal courts that they effectively continued the tradition of detrimental treatment of black Americans. A few words from the Plessy vs. Ferguson decision should highlight the racism that abounded at the "highest" levels of our government: "Legislation is powerless to eradicate racial instincts, or to Some suggestions towards achieving this goal may be: (1) extend the library hours by at least three hours per day. The library would then be closed at 2 a.m.; (2) keep the library open twenty-four hours on weekends. The library would then remain open from Saturday until Monday; (3) have one or two floors open on a twenty-four hour basis. A practical solution may be to use the second or third floor, or, the second and third floors. The elevators could be shut down, the doors which give access to other floors locked, and the lights to those floors turned off. Thus, the rest of the library could be closed except for the second and third floors. A final suggestion would be to have the library remain open longer prior to and during exam weeks. The study of law often requires many hours of research in the Law Library, and after vying for space with the undergraduates there is often very little time left to study there. from page 7 abolish distinctions based on physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation If one race be inferior to the other socially, the Constitution cannot putthem on the same plane ." 163 U.S. 537 (1896) This attitude by the Supreme Court was the law of our country until that most recent date of 1954, in the Brown vs. The Board ofEducation of Topeka, Kansas case. Combined with the narrow reading of the 13th, 14th and 15th Amendments, and the hatred of many southern whites, blacks in America in the first half of the 20th century found themselves in conditions as bad, and attimesworse, than what they experienced during slavery. By now I hope many people are realizing that we are almost up to the present and things are still horrible for African Americans. So we have got to ask ourselves, "How did things get so much better in the last 30 . ... years?" The answer is, once again, very simple: They are not much better at all. Now I'll leave you with my idea of what the essence of being an African American on February 4, 1988 is: Struggle to affirm what history, laws, non-admittance lynchings, signs, insults about your skin, and cold, fearful stares in the streets and hallways tell you what you are not a PERSON. And now I ask every white person a question: Have you tried hard enough to discover what a PERSON truly is? — �BAR/BRI NCUI YORK SUMMCft 1988 BRR R€VI€W Manhattan Live Buffalo Video Starts 5/23 Starts 6/1 BRR/BRI HOTUN€: 212-594-3696 jp^ March 2, 1988 The Opinion 9 �Criticism of Law Review Shows Lack of Understanding by Michael C. Banks As one of the "people on the sixth floor" who helps decide who is selected for Law Review, I feel compelled to address the John Bonazzi article which described that process as undemocratic. Certainly Mr. Bonazzi is not the first to suggest that the Law Review not use any selection process. Past and current members have, on occasion, made similar suggestions. The Yale Law Journal uses no "selection" process. My objection to Mr. Bonazzi's comments stems not from the desire to maintain the Law Review as the last bastion of elitist snobbery at ÜB, but from a belief that the selection process at UB is probably one of the best processes being used by any law review in the country. More importantly, I think that someone who undertakes the responsibility of criticizing the process should have a more informed understanding of the process than Mr. Bonazzi demonstrated in his article. I must also point out that, though I am one of the Note and Comment Editors and as such played a particular role in the selection process, I do not write this response as a personal defense. Mr. Bonazzi erroneously states that the "factor most responsible for membership" is grades. Grades make up 50 percent of the score used for selection, Casenote scores make up theother 50 percent. The extent to which grades will be the deciding factor depends upon the extent to which there is or is not a clustering of grades at a particular level. Thus, in cases where the competitors, as a class, all have "good" grades, the deciding factor might be the Casenote score (which I will explain in greater detail). We have the mandatory Casenote competition because grades, by themselves, are not necessarily an accurate reflection of student ability. If we believed that they were, we would simply notify the top 10 percent of the class that they were on Law Review, as many other schools do. The Casenote competition accounts for the fact that not everyone on Law Review is in the top 10 percent of the class when evaluated on grades alone. We do not believe, however, that grades are totally unrelated to academic accomplishment any more than we would assert that the LSAT score and undergraduate GPA's, with all their flaws, are totally unrelated to academic performance prior to entering law school. Additionally, students here can "write on" to Law Review. People are sometimes selected solely on the basis of a high Casenote score without regard to grades. The Casenote competition is scored by eight separate editors, each of whom must read and score all of the casenotes. The score that a competitor receives is a statistical z-score, or average, of the eight scores. Since the scorers do not have the names of the writers of the Casenotes, and because the editors may be anywhere in the country when they do the scoring, the possibility of collusion is remote and speculative. Mr. Bonazzi is correct in suggesting that the requirements for law review should include a sophisticated analysis — Opinion Mailbox My reason for writing this letter is that BAR/BRI has placed misleading advertising in a number of previous issues of The Opinion and I believe that law students should be aware of the selling tactics being used by BAR/BRI. (See "29 Reasons Why Most People Choose BAR/ BRI," previous advertisements by BAR/BRI which were more reasons not to take Pie*per than legitimate reasons for taking BAR/BRI.) In their advertisement, BAR/ BRl's first "question" claims that they are "conveniently located near Times Square" while Pieper "is conveniently located at far lower west side." It is true that Times Square can be reached by bus or subway. But as anyone from New York City can attest to, Times Square has one of the highest crime rates in the city, both on the streets and in the subways. I, for one, do not consider this "convenient." Pieper, on the other hand, is located in an area known as spur "natives" to be equally creative. Open U.S. borders would allow the Third World to get a truer picture of the United States and its semi-capitalistic system. Third World residents could hear about the U.S. from friends and relatives who have emigrated to the U.S. This would be an effective counter to the anti-American propaganda generated by many Third World governments. Further, attracting the industrious from the Third World will give Third World governments 10 — form). All of these relate, importantly, to an associate member's responsibilities. All of this information is included in the rules for the Casenote competition which are given to each competitor. Those who participate in the fmm from 6 page f\ lecture such as BAR/BRl's. A lecture to a live audience by an animated professor is bound to be better than a professor lecturing to a camera. In addition, there is no distraction of having to watch a television screen. Although these comments regarding BAR/BRl's advertising may seem petty to some, we as law students should insist that bar review courses sell themselves on their merits rather than resorting to competitor bashing. Every "question" in the BAR/ BRI advertisement decries Pieper in an effort to mislead the student. I think it is inexcusable for BAR/BRI to prey on the fears of law students when they face the last hurdle before being admitted into practice as an attorney. Therefore, I would urge all students to carefully consider the claims made by BAR/BRI when they decide on which bar review course to nsop Tribeca on theLower West Side of Manhattan. It has one of the lowest crime rates and is easily accessible by both subway and bus. Another BAR/BRI "question" points out that their lecture is given in non-live sessions using color videotape while answering that Pieper uses audiotape cassette. The choice for the correct Pieper "answer" is placed last in order of three possible formats for the course, implying that the use of an audiotape is the least desirable form for reviewing for the bar. This is misleading because the substance that will be transmitted during the lecture is delivered by what you hear, not what you see. It is irrelevant whetheryou can see the professor providing the lecture. Learning the law is more a function of listening to what people say. There are no hand signals to be learned for the bar. I believe that an audiotape lecture such as Pieper's would be better than a non-live video Open Border Policy also of issues and high quality, indepth writing. That is precisely why those who submit "low quality journalism" demonstrating an over "emphasis on getting your product to not exceed eight pages," and those who cannot "write something meaningful in eight wide margined pages" are unlikely to score well on the Casenote component of theirtotal score. The Casenote is an analysis of the law reflected in the majority and the dissenting or concurring opinions of a recent decision. The expectation is that competitors will do some scholarly research and analyze, rather than simply regurgitate, what the opinions say. The eight page limit is designed to (a) force thewriter to make the editorial decision as to what "has" to go into the Casenote; (b) eliminate the advantage someone might gain by simply submitting more, perhaps meaningless, pages; and (c) make the process manageable for the editors who must read all of the Casenotes which have ranged in numberfrom 100-150or more. The Casenote is scored on (1) substance and analysis (depth of logic, precision of assertions and arguments); (2) form and writing style (organization, diction, grammar, cogency); and (3) use of authority (scope and breadth of research, bluebook Steven Diamond Third-Year Student THE from page 7 an incentive to liberalize their economies and social constraints. Immigration is obviously beneficial to those who actively seek admission to our country, but at the same time the "native" population benefits. We should be glad that our society is sufficiently attractive to create what is perceived as an immigration problem, and we should not be naive enough to think we are better than and deserve more than those who were not fortunate enough to be born within our borders. The Opinion March 2, 1988 1 PASSWORD: 413 Seventh Avenue. Suite 62 New York, New York 10001 ■ (212)594 3696 (201)623 3363 I ■ competition do so because they want to, not because anyone on the Law Review forces them to. Yes, the number selected is small and represents 10 to 15 percent of the number in the first-year class. Yes, that is in part a function of what has traditionally been done. However, it is also because the primary task of an associate member is to write an article of publishable quality. Articles written by associate members are the Law Review's primary source of student-written material. Three drafts are required because over time a three-draft system has proven to produce a better "product." Each associate has an editor and each draft is read by others who are not that individual's regular editor. This process could not be efficiently duplicated with large numbers. The bluebooking requirements of the Casenote competition are directly related to the extensive use of the bluebook by the Law Review —particularly by associate members when citechecking articles which have been accepted for publication. Though some may lament the mention of the bluebook, it serves its purpose as a Uniform System ofCitation and is used by virtually all legal journals in this country. Finally, anyone who wishes to make the law review experience a part of their law school experience is more than welcome to participate in the case- . Beer tournaments involving a bunch of retired athletes? My favorite is the commercial where Spuds MacKenzie, the original party animal, is playing goalie for the U.S. Olympic hockey team. At this point, you're probably saying so what, they're just commercials. Funny, I'd like to know how many times one of Chris Mullin's teammates said to him, "Great game Chris, it's Miller time!" At the same time, how many people drink beer when they're watching a sporting event? This has become a national pastime, and if you don't believe me, ask the gang at Cheers. Next time you watch a beer commercial, look at what the actors are doing (if they're not in a bar). More likely than not, they're probably watching a sporting event. By tying sports and beer together, the media is saying that beer-drinking is a "macho" thing to do. Companies try to show that tough guys drink beer (i.e., Dick Butkus, L.C. Carrel . "There's a very helpful and pleasant environment both from the second and third year students and also from the faculty There are no other schools that I know of that are on such a high level academically where the faculty cares anywhere near as much about really helping the students to get a good education." . With the emphasis on learning rather than competition, UB has been able to turn out lawyers that can approach problems from new angles and help clients with creative thinking. These attributes are often not seen in law schools where the students are more restrictive in their thinking. note competition. Yes, I dorefer to it as a competition, and the participants as competitors, because no, I do not believe that competition is inherently evil. Nor do I believe that grades are evil. I certainly do not think that Law Review is the last bastion of elitism and snobbery at ÜB. There are many more elitist snobs in the law school than there are members of Law Review. Mr. Bonazzi, now that we have seen your articles attacking grades, Research and Writing, and now Law Review, I cannot wait until we get the sequels attacking the Moot Court Board, the need for classes or professors, the oppression of tuition If things go your way, I will one day be able to send for a J.D. degree through the mail to give to my child as a gift. ... You argue that Law Review selection is undemocratic and that if the process is not changed to your way then either the administration or the SBA or all the students should force the change hardly the most exemplary demonstration of democracy. — The one good result of your article is that it provides a timely opportunity to clarify the process for those who do have an interest in Law Review. Those who do not will not be forced to participate. from page 3 Greenwood), or that drinking beer while watching a sporting event is the way to go. Another classic is the commercial where two guys play one-on-one basketball for a Michelob. I wonder if Chris Mullin ever played one-on-one for a beer. I'm not saying that there's anything wrong with having a few beers. I happen to enjoy drinking beer. However, beer is a deceptively dangerous drug, and manufacturers are merely adding to this illusion. As long as the media continues to glamorize the consumption of beer, the problem will be perceived as less serious than it actually is. Joe Gergan, a sports writer who recently addressed the problem of alcohol in sports, points out that the GoldenState Warriors have a full-page ad for beer on the back cover of their program. Ironic as it may be, Chris Mullin, a member of the Warriors, plays for a team that supports the one thing that almost cost him his career. from page 1 The lack of emphasis on competition has not turned out less competitive lawyers. "Although you might think thatthe lack of competition in the school would produce people that were less equipped to be competitive in a fairly competitive profession, I've never, ever found that to be true. What I've found to be true is that they can go out there and do at least as well as other people who are from schools the equivalent academically." Although the Law School of today has few of the characteristics of the UB that Mr. Carrel attended on Eagle Street, he feels change has been for the better and that UB has developed into a top rate school. �Olympic Competition Should Be Placed In Perspective medals have been few and far between. Fortunately, I don't thinkthat our world is such that this will greatly hinderthe international reputation of the United States, but there will undoubtedly be some countries and peoples whose impression of the United States will suffer. I just hope that the inevitable feeling of despair that is sweeping the nation doesn't adversely affect the sense of pride and patriotism that is so important for the citizens of our country especially in light of to have the upcoming presidential elections. I'm not aware of any statistical correlation, but it would be interesting to see if the percentage of voters at the poll increases with the number of medals won by the American Olympic athletes the previous winter and summer. What about the strength of the dollar and the stock market activity on Wall Street? These are very important concepts in the United States of America and I'd hate to see them be adversely affected because of a failed tripleaxle. so I'm trying to be serious please don't laugh. At first, this thought may seem ludicrous, but when one reflects on how the U.S. citizens are being bom- by Jeff Markello The Olympics. How much do these sporting events really mean anyways? We wait four years as the intensity and excitement build, hoping to see some spectacular athletics and most of all to find out who really is the best in the world. What kind of a yardstick is this competition? Does it really prove who is best in each sport? Years and years of training. These athletes put in long, grueling hoursfor half a decade or more all to have their performance evaluated in a very short time slot. The athletes place a great deal on this evaluation. More than just their performance, they often place their personal competence, adequacy and overall self-worth into the number assigned to them. After all, this sport has been the central part of their livesfortheprevious few years and their existences have come to be centered around this athletic event. The result? Broken hearts and over-inflated egos. I'm not condemning the Olympics or saying that it should not be, I'm justtrying to put this competitive extravaganza into proper perspective. This year has been especially tough for the Americans. The .. barded with Olympic coverage daily, it only makes sense that attitudes, perceptions and national morale are affected in some way. Upon arriving at work in the morning, what's the first thing that the blue collar worker says to assembly line buddy, the yuppie says to his secretary, or even you say to your fellow classmates? "Did you see the Olympics last night? What an exciting race! I couldn't believe it." Because everyone is talking about it, and because the Americans are losing, we begin to associate negative connotations with the event. Because nobody can rationalize this by saying that the Olympics are a bad thing, the unconscious rationalization is that it must be the USA that's bad. While the Olympic games are a very important sporting event, perhaps the most important of all competition, let's try to keep in mind what it really is a game. Let's hope our hockey team's finish doesn't ruin the national economy. And please, get out and place your vote this November, regardless of whether or not our lugers ... luge. The Opinion Publication Schedule ... Issue Deadline Layout 28:11 March 7 28:12 March 21 March 10 March 24 29:1 April 11 April 14 Publication March 16 April 5 April 20 All submissions must be typed and handed in no later than 4:00 p.m. on the deadline date. Submit all articles to the Opinion office, 724 O'Brian Hall, orto Zulma Bodon (Box 628) or Krista Hughes (Box 738). How to stand out A Poem For Life He's just a young dream ignorant of the deeper secret of the Universe: That aged eyes glean themselves and see that they are just young dreams I am just a young dream that aged eyes, tear filled, ft pi' see ft — and stark is the landscape of brutal moons, cold is the loneliness of space Mo Train Filvaroff ■ ftk The American Express* Card gets an outstanding welcome virtually anywhere you shop, whether it's for a leather jacket or a leather-bound classic. Whether you're bound for a bookstore or a beach in Bermuda. So during college and after, it's the perfect way to pay for just about Klk ft wk Ilk : MM « II X K. ft ft ft ft ft ft i| 8 Hi ;wL\ ■te ft ft ft ft ft ft ft »I ft ft W \\\\\\\w/) ® everything you'll want. How to get the Card now. College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. Whether you're a freshman, senior or grad student,look into our new automatic approval offers. For details, pick up an application on campus, Or call 1-800-THE-CARDand ask for a student application. The American Express Card. Don't Leave School Without It?" .mil SERVICES . from page 1 He remarked that both he and UB President Steven Sample have "very strong feelings" about the policy, although he failed to reveal what those feelings are, and he emphasized that there will be no changes in the statement's "fundamental objectives." The Committee on Committees "tried to pick people (to serve on the committee) who were representative of the faculty," and came up with Philip Halpern as Chair, and Professors Girth, Mensch and Atleson as the other representatives. Student representatives have already been chosen for the first three committees, but not for the committee on the Faculty Statement. Filvaroff's final concern was the presence of undergraduates in theLaw Library. He emphasized that it is not an elitist concern and we are not trying to close ourselves off from the rest of the university. The problem is that there is not sufficient study space for law students, many of whom have no other place to study and do research. A general consensus among students attending the meeting was that access to the Law Library should be restricted during final exams. As always, the dean is requesting input regarding these issues and any other areas of perceived concern. March 2, 1988 The Opinion 11 �SPRING SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988, 1989 & 1990 WHEN YOU REGISTER EARLY FOR BAR/BRI'S 1988, 1989 OR 1990 NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE OR VERMONT BAR REVIEW. YOU GET THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW AND YOU SAVE $100 OFF THE CURRENT TUITION. 'PLEASE NOTE: ANTICIPATED 1989 TUITION IS $1075 IN NEW YORK, $950 IN NEW ENGLAND AND $825 IN NEW JERSEY. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $875 IN NEW YORK, $750 IN NEW ENGLAND AND $650 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, NY. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 © 1988 BAR/BRI 12 The Opinion March 2, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42ffb4b36bf1d775cf5d57fb05e562c2.pdf 9580009737b5a05a13e2af2083054920 PDF Text Text THEOPINION Volume 28 No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 16, 1988 Governor's Budget Would Cut Aid to 200 at UB Law by Krista Hughes The UB law student body is being called upon to engage in a major letter-writing campaign to New York State legislators. The purpose of this campaign is to prevent the cutting off of State University Supplemental Tuition Assistance (SUSTA) to approximately 200 UB law students. Dean David Filvaroff invited several students, along with Deans Wallin and Leary, to an informal meeting to discuss the implications of this impending budget cut, and the students present also worked to consider the possibility of concerted student action to prevent this cut from taking place. He informed us that Governor Cuomo's proposed state budget would have the apparently unintentional effect of eliminating over $325,000 of student financial aid, and all of this money benefits UB law students. Although SUSTA was originally intended to benefit undergraduates and pharmacy graduate students as well as law students, undergraduate tuition is covered predominantly by the Tuition Assistance Program (TAP), and the Pharmacy School has traditionally not utilized the available SUSTA funds. Any hardship to undergraduates which is caused by the cutoff of SUSTA will be offset by an increase in TAP funding. However, this increase will not be sufficient to compensate the law school's SUSTA recipients. The only students who are eligible for SUSTA are those who are needy enough to qualify for full TAP grants. A breakdown of SUSTA recipients at UB Law School reveals that a high proportion of already dis- advantaged students will suffer dire consequences if Governor Cuomo's budget cuts are allowed to stand. According to information prepared by Dean Filvaroff, of the nearly 200 law students whose continued education depends upon the availability of SUSTA, 42, or more than 20%, are black and Hispanic individuals "who have overcome formidable barriers to study law at SUNY." Over a third of SUSTA recipients are women, four are physically challenged individuals, and 26 "represent the growing number of people over 30 who seek a career in law while raising a family and coping with other responsibilities." The entire group of SUSTA recipients illustrates the diversity which is so characteristic of a UB Law School education. A denial ofcrucial funding to such Employment Relations Convocation by Alexei Schacht On Saturday, March 5 the UB Law Alumni Association held the Centennial Alumni Convocation at the Center for Tomorrow. The topic of the morning symposium was "Current Issues in Employment Relations" or "Hiring and Firing: The View From Both Sides." The symposium included seven Buffalo attorneys and a UB Law professor, Judy ScalesTrent, who spoke on various labor relations issues ranging from bankruptcy and its effect upon hiring and firing to drug and polygraph tests. The convocation, which cost $30 to attend, was clearly aimed at practicing attorneys. All the speakers had prepared handouts, one over 40 pages long, and serveral of which were filled with exellent doctrinal history and case summaries. But, the case lawand accompanying commentary and analysis were all given with an eye towards helping practitioners better advise clients and develop litigation strategies. David Jay, a solo practitioner in labor and criminal law, is a The results of air quality monitoring that took place on the fifth floor of the Law Library in the beginning of February have determined that there is not a serious asbestos problem. Leonard Borzynski, an industrial hygienist at ÜB's Office of Environmental Health and Safety, said, "We got the analytical report back from the independent lab the sampler was less than .02 fibers per cubic centimeter. the OSHA limit is .2 fibers per centimeter." This means that the amount of dangerous asbestos fibers in the air is 10 times less than the legal limit and therefore poses no danger to those in the area. All of the buildings on ÜB's north and south campuses, including O'Brian, will be gone through to test for asbestos . .. . Volker from Western New York, and with Assemblyman Sullivan, Chairman of the Assembly Higher Education Committee, and an assistant of Senator Kenneth LaValle, Chairman of the Senate Higher Education Committee. The outcome of Filvaroff's meetings was generally affirmative, but he noted that students should also feel free to continued onpage 14 Write these legislators and protest the cutting off of SUSTA: WARREN M. ANDERSON • SENATOR (President Pro Term, Senate) 330 State Capitol, Albany NY 12247 MELVIN MILLER • ASSEMBLYMAN (Speaker, Assembly) 932 Legislative Office Building, Albany, NY 12247 JOHN J. MARCHI • SENATOR (Chairman, Senate Finance Committee) 923 Legislative Office Building, Albany, NY 12247 SAUL WEPRIN • ASSEMBLYMAN (Chairman, Assembly Ways & Means Committee) 923 Legislative Office Building, Albany, NY 12247 KENNETH P. LaVALLE • SENATOR (Chairman, Senate Higher Education Committee) 805 Legislative Office Building, Albany, NY 12247 EDWARD C. SULLIVAN • ASSEMBLYMAN (Chairman, Assembly Higher Education Committee) 717 Legislative Office Building, Albany, NY 12247 Immigration Clinic May Be Cut For Lack of Instructor by Zulma Bodon Photo Credit: UB Law Alumni Association plaintiff's attorney. In other words, he represents employ- Library Asbestos Studied; Results Show No Danger by Donna Crumlish ees who wish to sue current, or often former or potential employers in discrimination cases. Jay advised the audience that, "without a smoking gun you're not going to get anywhere in court." a high proportion of ethnic minorities, women and "nontraditional" students can only have an adverse effect upon the entire law school experience. With these thoughts in mind, Dean Filvaroff traveled to Albany to meet with state legislators and especially those representatives fromWestern New York. Filvaroff met with Assemblymen Eve and Hoyt, and Senator again, however. This testing is expected to be completed before the middle of April. After that group of tests is completed, O'Brian will continue to be inspected every six months to ensure that conditions haven't changed. Although the asbestos poses no immediate danger, it is something that will have to be taken into account if there are ever any plans for remodeling or modifying the AY area. Theair quality testing that determined O'Brian was safefrom asbestos also determined that there may be other problems that are affecting the air quality, such as lighting and ventilation. Mr. Borzynski said that he has plans to further investigate what can be done to make the air quality in the Law Library more comfortable. An example of the proverbial "smoking gun," a phrase repeated like some mantra by many of the speakers, would be if in an age discrimination suit an employer said to a salesperson employee shortly before firing him, "Aren't you too old to be carrying around that sample bag?" Jay also said that when an employee comes to you the choice between choosing an administrative or judicial course of action for the client may eventually become dispositive of the outcome. This is because "generally speaking, agencies are understaffed," according to Jay, and therefore plaintiffs' attorneys in employment discrimination cases would be smart to sue in court. One of the most interesting things at the symposium was watching the dynamics between those attorneys that represent labor and those that represent management. While the atmosphere was certainly collegial there was competition in the air. Mr. Jay and Thomas continued onpage 14 The law school's commitment to enhance the role of our clinical program has become quite evident in recent months. The decision to create tenuredtrack clinical positions and the emphasis on expanding the integration of abstract and experiential learning demonstrates such commitment. Today, however, the future of the immigration clinic is somewhat uncertain. The problem facing the immigration clinic is simple: we lost Kathy Rimar, who for many years ran a very successful and popular clinic. According to Nils Olsen, Director of the Clinical Program, there might not be an immigration clinic next year "because there would be nobody here in a position to run it." Thus, if Rimar were here, he added, "we would be going on full steam." After Rimar's departure, the law school hired Ellen Yacknin on a one-year contract to maintain the clinic's caseload and representation. Her caseload is composed of poor people who are desperate for legal advice but lack the resources to hire a private immigration lawyer. There are presently six law students under her supervision, and each" is actively involved with several clients. The focus of the clinic, Yacknin explained, "has remained the same since Kathy left. the clinic continues to serve poor people who want to stay . in this country, who are seeking political asylum but cannot afford to hire the very high-priced immigration attorneys." Olsen admits that there are good reasons for keeping the immigration clinic, including the fact that there are presently many active cases. An equally important reason is that the clinic provides a scarce and therefore very valuable public service. "These are some of the reasons why we are working to try to come up with alternative ways to continue the clinic," Olsen explained. The problem, he said, "is that there are very limited external funding resources available and some of them specifically exclude immigration practice." Dean Filvaroff recognizes the utility and importance of this clinic. He thinks, however, that it is too early to make conclusions about precisely what the clinics are going to be next fall: "I think it is premature to say we are not going to have a clinic continued on page 14 Inside ... Tenure Recommendations .... 2 LALSA High School Outreach 3 Res Ipsa Loquitur 9 �Gibson, Steinfeld, Marcus Recommended for Tenure by Andrew Bechard In the past monththree members of the UB Law Faculty have been recommended to receive tenured positions at the University at Buffalo. Ellen Gibson, Director of the Sears Law Library and Associate Professor of Law, and Robert Steinfeld and Isabel Marcus, both also Associate Professors of Law, have all recently received affirmative votes of recommendation for tenure from the UB law faculty. In three Friday meetings, two in February and the mostrecent on March 4th, tenured UB Law Faculty met, conferred and voted on whether or not to recommend Gibson, Steinfeld and Marcus for permanent positions on the UB Faculty of Law and Jurisprudence. While the administration wouldn't give any definite information about vote tallies for any of the candidates, it was confirmed that each candidate was given substantial support and was strongly recommended. Ellen Gibson holds a masters in library science from the University of Michigan as well as a juris doctor degree and has practiced law in Buffalo, specializing in employee benefits. She has held the position as Director of the law library since 1984 and has a forthcoming publication this spring entitled A New York Legal Research Guide to be published by the William S. Hem Company. Ms. Gibson has taught sections of the first-year library research class as well as an advanced seminar on legal tax research. When asked to comment on the tenure recommendation, Ms. Gibson stated, "I am delighted at the confidence that my colleagues have shown in my contributions to the school and I feel fortunate in holding a position where both the law students and faculty strongly support the library; their concern and support make this job well worth doing." New law school Dean David Filvaroff added that Gibson has "done an outstanding job of managing the law library within a framework of limited re- sources, and has worked imaginatively to maximize service as well as train a first-rate staff." Isabel Marcus, when contacted by The Opinion was also "delighted with the vote." Ms. Marcus holds a Ph.D. in political science as well as a J.D. degree, both from the University of California at Berkeley. Two forthcoming law review articles are presently being drafted by Marcus: "Locked In and Locked Out: Legal Identity and Divorce Law Reform," and "Talking About Talking About Reproductive Technology" Courses and seminars in family law, social security law, capital mobility andfeminist theory have been or are currently being taught by Ms. Marcus. Dean Filvaroff commented, "Isabel Marcus is recognized as a national leader on feminist and family law issues and is one of thecentral leadersof creative thought about law on this cam- pus." Filvaroff had similar praise for Robert Steinfeld, saying, "Rob has already won recognition as an outstanding young legal scholar, and with the up- Law Centennial Convocation Honors M. Fleischmann by llene Fleischmann The Law School's celebration of its first century continued Saturday, March 5, at a Centennial Law Convocation held in the Center for Tomorrow. Following lunch, President Steven B. Sample presented the Law School's 1988 Edwin F. Jaeckle Award posthumously to Manly Fleischmann. Fleischmann was a renowned law graduate of the Class of 1933 who passed away last March after a distinguished career in legal service and education. "The man whom we honor here today symbolized the tradition of excellence which has characterized legal education and the legal profession here in Buffalo," Sample said. "While we recognize the enormous contribution which Mr. Fleischmann has made to state, national and international law and relations, we also recall his close association with the university and the important influence he had on its early development." Sample said that Mr. Fleischmann once taught on the law faculty and was one of the original trustees of the UB Foundation. In 1965, Gov. Rockefeller appointed him to the SUNY Board of Trustees, a position he held until 1979. "Fortunately, Manly Fleischmann had the satisfaction of seeing many of his ideas transformed into realities," said Sample, noting he had participated in the decisions to merge UB into the SUNY system, and to build the campus in Amherst. Professor Albert R. Mugel, who has taught in the Law School foralmost 50 years, also spoke movingly of his late friend and partner in theBuffalo law firm of Jaeckle, Fleischmann and Mugel. It was the first time that the Jaeckle award the highest honor the Law School can bestow was given posthumously since it was established in 1976. Mr. Fleischmann had previously received the Chancellor Charles P. Norton Medal, which is ÜB's highest honor, and the SUNY Distinguished Citizen Award. Mr. Fleischmann's widow, Lois, accepted the Jaeckle Award and said, "If Manly were here today, I am sure he would wish all the attorneys in the audience enticing vistas of endless litigation." More than 200 people also attended a morning symposium on the topic, "Hiring and Firing: Views from Both Sides." (See related story on page 1.) — — coming publication of a book, published as part of a historical legal series that recognition will grow." Mr. Steinfeld has a book scheduled for publication with the University of North Carolina Press entitled The Disappearance of Indentured Servitude and the Invention ofFree Labor in the United States. Professor Steinfeld has practiced law with the legal services program in the state of Vermont as well as Special Counsel to the Public Advocate in that state. Teaching interests and courses taught by Steinfeld have included corporations, utility rate regulation, law and economics and legal history. Mr. Steinfeld could not be reached for comment. All three recommendations will now move on to the UB central administration and then to SUNY central for further examination of the tenure candidates' teaching and publication accomplishments. Sea Grant Program Researches Coastal Law by Maria A. Rivera In 1975, the New York State Sea Grant Institute provided a grant to initiatethe law school's Sea Grant Law Program. The program is devoted to research in coastal law problems. These problems are of concern to government, academic institutions, and to the National Oceanic and Atmospheric Administration in the United States Department of Commerce. The Sea Grant Law Program conducts research on various special projects referred by the New York State Sea Grant Institute and others. The program was first developed by Professor Bob Reis and Professor Milton Kaplan who is currently retired. Mr. Kevin Brown, an alumni of ÜB, is presently post doctoral fellow and adjunct lecturer at law for the Sea Grant program. Students for the program are selected by grades, undergraduate background, writing ability, and interest in environmental law. The final selection process includes an interview. As commented by Kevin Brown, many times it is difficult to decide who should be selected for the two to three positions that are available because of the diverse and qualified students who apply. The Sea Grant term runs from Jurte 1 through November 1. Commentary This year positions may not become available as a result of the funding situation. The Sea Grant Program under Kevin Brown is drafting a proposal to request funding for 1989. Also, other sources of funding have been sought from the Offices of General Services and others. The Sea Grant College started after the Coastal Zone Management Act in 1972. There were a number of studies conducted on coastal zone problems as far as growth and population pressures on coastal zone water quality. Generally, there was no planning nor coherent strategy for developing these resources. As expressed by Kevin Brown, the purpose of the coastal management act was an attempt to bring some rationality to the future development of the coastal zone. Presently, the Sea Grant Program is involved in a project for the Lake Ontario Dune Coalition involving property boundaries ownership and land use rights in Lake Ontario's shore lands. The program provides the opportunity for students to conduct extensive research on various subjects. Some of the issues researched by the Sea Grant Program involve how different government entities may affect private continued on page 14 by Jennifer B. Lew Palestine/Israel Conflict Sparks Heated Debate Here During theweek of March 1 st, the National Lawyers Guild sponsored an information table near the law library about the recent events in Israel. The table raised consciousness about the problems of Palestinian refugees in Israel; it also sparked fierce debate. Unfortunately, the table did more to promote anger and prejudice than education and understanding. I am sure that the Guild did not intend this result, but table staffers' combative attitudes did little to prevent emotion from overriding reasoned dialogue. Above all, the situation in Israel today is terribly difficult to resolve. It is rooted in mutual distrust and often hatred on both sides. It is a disservice to the student body to depict a black and white melodrama where Palestinian children are savaged in a vacuum by Israeli soldiers. Unless one is swayed by antiJewish prejudice, it is not so easy to pick out the heroes and villains in this story. The Palestinians too are guilty of crimes 2 against innocent children. Jewish people have suffered religious hatred and persecution for centuries. It is an ageold slur to portray Jews as brutal, sadistic people. In the Middle Ages, most Europeans believed that Jews murdered Christian children and used their blood to make matzos (the unleavened bread we eat at Passover). So, I am frightened at the ease with which my fellow students expand human rights violations by certain Israeli soldiers into blanket statements about the brutality and anti-Arab racism of Jewish people. In fact, Jewish tradition exalts careful study of problems and shuns brusque, violent ones. For us, war is never holy. Deeply religious Jews will not even fight in armies. Judaism instructs us that life is the highest value, and that we must break any commandment of God to save a life. Furthermore, our religion teaches us to despise no one, and to seek peace and pursue it. It is on this basis that I join other Jews here and in Israel in The Opinion March 16, 1988 condemning the recent human rights violations against Palestinians by certain Israeli soldiers. But I ask the larger community to consider the Israeli situation carefully, to scrutinize all of the facts, and to resist the forces of hype and prejudice. on the lot to play, all the Arab children who played there would straggle home, or sit down on the village wall to watch my sister and her three friends. The Arab parents had forbidden their children to play with my sister. My mother and my eleven- For me, this anecdote suggests both the root of the problems in Israel, and the solution to them. It reflects the ancient hatred that many Arabs feel for Jews. But it also reminds us that prejudice is not innate. Children must be taught to hate, or else they will find common ground and become friends. Unfortunately, the P.L.O. teaches hatred. Israel must negotiate with the Palestinians, and it must compromise in order to achieve peace. But it cannot negotiate until the P.L.O. renounces its rhetoric.of hatred. I call upon the P.L.O. to recognize Israel's right to exist, and to reject the goal stated in its charter of destroying Israel by armed struggle. Otherwise, it will be impossible to believe year-old sister spent the spring term of 1987 living in Jeru- salem, where my mother was a visiting professor. They lived on the edge of an Arab village, and my sister quickly made friends with three Palestinian girls. To clarify, these Palestinians were Israeli citizens, not refugees from a camp. Almost every day after school, my sister played with these little girls in a vacant lot beside the village wall. They giggled together and conversed in sign language, broken English, and broken Arabic. They visited each other's apartments, and they were fast friends. Unfortunately, the Arabs in the village strongly disapproved of the friendship. Whenever my sister went out that the P.L.O. seeks a just peace, and not the elimination of Israeli Jews. I realize that it will be dangerous for the P.L.O. to make these public statements. After all, two Arab leaders, Anwar Sadat and Bashir Gemayel were assassinated for making peace with Israel, and Palestinians in and out of the P.L.O. have been murdered for advocating negotiations. But the Palestinians must support tolerance if they expect Israel to agree to a Palestinian state on its border. The true victims in the Middle East are the Arab and Jewish children who are being raised to hate each other. Last week, the debate surrounding the Guild table showed me that my fellow students have absorbed similar prejudices. Therefore, I am asking all those who care about the problems in Israel to turn awayfrom anger, and to substitutecareful, historical analysis and concern for both sides. If you truly seek a solution, you must know that peace cannot be founded in anger. �Hispanic High School Outreach Is Successful by Raymond Gerald Benitez Why is it that hispanics are underrepresented in the professional community? If you were to have asked that question 10 years ago to leaders of the hispanic community they may have responded by placing the blame on racism and/or poor educational facilities and opportunities, and arguably, they may have been right. However, today our children are exposed to a fine educational system of acceptable quality in facilities, instruction, and curriculum opportunities. Furthermore, the incidence of racially inspired schemes to segregate minority students and thus diminish their educational potential is no longer significantly prevalent in our community. Therefore, we as adults and future professionals cannot allow our youngsters to use their ethnicity or social status as an excuse for not reaching their goals. So, if our children are not reaching their goals and they have the educational tools and opportunities, why then are only a very select few members of the professional community? Such a question deserves much thought and scholarly research and even then the resulting explanation may not be so illuminating on the casual connection. Nevertheless, we as members of the Latin American Law Student Association (LALSA) and as future professionals can no longer remain passive and watch our children continually walk into dead ends. We have to build a roadway for our children, a roadway leading to colleges, vocational schools, and higher education. It is our duty to induce our children to enter and remain in school. As law students we have already confronted and overcome a variety of obstacles foreign to many people in society, and because of those ob- stacles we have gained much experience and wisdom that we can pass down to our hispanic children so that they can become equally successful. When we realize that as professionals we are but another branch of our hispanic community and not independent of each other, then and only then can we effectively communicate to our children the importance of education. We, members of LALSA, have already come to that realization and have taken steps to promote education in the Buffalo hispanic community. We feel that one of the casual links for the underrepresentation of hispanics in the professional community is merely the lack of professional role models. As a result, we have put together an all-day event to be executed annually which will serve the purpose of lessening the distance between us and the hispanic community of Buffalo. Also, theprogram will provide for the much needed role models in the hispanic community of Buffalo and it is called the High School Outreach Day. On February 27,1988 we successfully executed the first annual High School Outreach Day. Thirty bright and enthusiastic junior high and high school stucontinued on page 13 Public Interest Career Symposium Held at NYU by Karen Comstock On February 25 and 26 the ninth annual Public Interest and Public Service Legal Career Symposium was held at New York University School of Law. The program is designed to encourage an exchange of career and job information between attorneys from public interest and government offices from around the country and law students from 17 New York area law schools. Even though Buffalo was the most distant law school participating, UB students made up the largest contingent from any single law school at the Symposium. Many employers that I spoke with were aware of ÜB's reputation as a public interest-oriented law school, and all were favorably impressed with the UB students they interviewed. Good job folks, and good luck! The format of the Symposium consisted of formal and informal interviews with employers; 34 organizations participated on Thursday and 42 participated on Friday. Students who went to the time and expense of traveling to New York for the event invariably felt that it was well worth theirtrouble. The Symposium offers the opportunity to fit a lot of interviews with employers from a wide geographical area into a short period of time, although the strict adherence to the 20 minute time limit left some people feeling rushed and unsatisfied, and a few individuals ended up missing an appointment or two because of the tight scheduling. The interviewers were generally friendly and informative. Students reported feeling more at ease in comparison with past experience interviewing at law firms. Many students who participated strongly advise others to take advantage of the Symposium in the future. Even if you aren't selected for a formal interview, signing up for canceled slots is possible (if you arrive early) and some people were able to arrange for as many as 10 informal interviews; these can also lead to job offers. One student suggested that students could get together and coordinate housing and transportation to cut down on costs. Most importantly, the Public Interest Symposium gives public interest-type people a sense of community and helps us to reinforce their choice to do public interest work. Six panel discussions were held during the course of the Symposium on topics such as Legal Aid and Legal Services, Career Opportunities with Federal State and City Government Agencies, Starting Your Own Public Interest Legal Organization, Programs Serving Special Populations, Prosecutorial and Criminal Defense Work, and, the panel I found most interesting of the ones I attended, Careers in Human Rights, Civil Rights and Civil Liberties. This panel consisted of staff attorneys from the Society for the Right to Die, the ACLU Children's Rights Project, the New York City Commission on Human Rights, Lambda Legal Defense and Education Fund and the NAACP Legal Defense and Education Fund. The panel members were asked to talk about their organization's specialty areas and to give advice as to how law students can break into the competitive public interest job market. All of the speakers struck me as being completely enamored with their jobs. They clearly derive immense satisfaction from being instrumentally involved with class action suits and impact litigation that profoundly affects large segments of the underrepresented in our society. Even though these attorneys are fairly young they have risen to levels of great responsibility within their organization. This is attributable in part to thefact that public interest organizations do not have the luxury of providing long training periods for its attorneys, and also that public interest work, by its nature, challenges individuals' creative and intellectual capacities. One attorney from the NAACP who has been out of law school for only five years was scheduled to argue a case in front of the Supreme Court the following week. All of the speakers stressed the fact that they loved getting up for work in the morning. The speakers were also frank about the downside of doing public interest work. The hours are long and the pay falls short. However, most of the speakers had experience working in private lawfirms and none desired to return to this career option. As one panel member put it: "Doing public interest work is like being a salmon swimming against the stream, but it is so much more rewarding than slaving at a law firm. Public interest work encompasses every part of my life." It is important to note that these attorneys found their firm work valuable in that the skills learned are obviously transferable to the public interest sector. Working in private firms also affords the opportunity to do pro bono work. For example, the NAACP works with 200-300 cooperating attorneys from around the country who help initiate and follow through on important class action and impact litigation. Finally, the panel members offered practical advice on how to break into the public interest job market and get the "job of your dreams." It is very important to identify and narrow your area of interest and get in- volved as soon as possible. This may mean doing research for a professor who is associated with your interest area, or volunteering with an appropriate public interest organization. Virtually all public interest organizations are overburdened and welcome volunteers. Of course, many of us cannot afford to give away our time. A creative solution may be to split your time between public interest and law firm work, or to bartend or wait tables on the side. Volunteering during the school year is strongly encouraged. The participants stressed the importance of taking the long view ofyour career. The first job you take out of law school is not the job you will have for the rest of your life. The majority of the general legal community changes jobs several times at the beginning of their careers. Many of the speakers have had experience clerking for courts and/or judges, but they also suggested pursuing employment with legal service agencies, attorney generals' offices or doing pro bono work to establish a strong experiential base. The first few jobs you take may entail traveling to locations you may not want to be at first. But experience is the key in public interest work, and once you've broken into the public interest community, you're on the road to a very rewarding career. Robert Rich Speaks on Buffalo, Baseball, and Himself by Donna Crumlish Robert Rich Jr., president of the $750 million Rich Products Corp. and president of the Buffalo Bisons triple-A baseball team, spoke to a small but enthusiastic group in the Moot Court room on Tuesday, March 8. Mr. Rich discussed Buffalo, baseball and what he has done for both. No one can criticize him for extolling the glories of himself, however. Mr. Rich comes from one of Buffalo's wealthiest families, was a main "mover and shaker" in getting the recently completed Pilot Field built downtown and on top of it all is one of Buffalo's head cheerleaders. Although he sings the praises of Buffalo, there may be a method to his madness. Every person that moves to Buffalo means more potential baseball fans and more potential capital for him. "Here before you, you see the total economic person. I'm in business to make money, I'm in business to make money and I don't go anywhere or give anybody anything that's not gonna make money, cause that's my goal in life. I'm a money-grubbing capitalist and I'm proud of it." The "total economic person," however, seems to have a sincere faith in the city and its growth potential. He urged students to stay in Buffalo and look for work in Buffalo. He feels too many college students are leaving the area without giving Buffalo a chance. In the past, Buffalo has suffered from a "brain drain" all the talent was leaving the area. Mr. Rich wants to see the studentsfunneled from the university right into the Buffalo job market. He claims Buffalo is moving up fast and now is the time to get in on it. "There's a genuine economic upturn in the community and one of the reasons for it is the joint prosperity that is being shared by — SUNY Buffalo and the city." According to Mr. Rich, there are three factors involved in the so-called ecnomic upswing in Buffalo. The first is that local recent increase in communica- tion among businessmen. This has helped local companies to develop common goals for the city. Where does baseball fit into upswing? this economic "You've got to get people in the downtown area. That's why I'm to guarantee an in baseball asset that has been partly funded by the state as an ecnomic redevelopment project, to bring people to the downtown area. The only way the city will survive is to get people back downtown." Pilot Field, of course, is also being used as bait to lure major league baseball to Buffalo. The 19,000-seat stadium was built to expand to 40,000 seats so that a major leage team could be accommodated. The Efuffalo community has already proven itself to be diehard sports fans. Buffalonians stick by their pro teams and the Bisons held high attendance records for the seasons ... banks are playing a national role. Over the past few years, several locally-based banks have been absorbed by larger national banking corporations. For example, Goldome bank started out as Buffalo Savings Bank. Another important factor is Buffalo's proximity to natural resources which leads to many other advances, such as the ongoing waterfront development projects. Mr. Rich also sees a at the old War Memorial Stadium. Mr. Rich points out that this season the Bisons sold 2,000 more season tickets than the world champion Minnesota Twins and he beams as he tells of the recent selloutfor opening they played day. .. "We are going to get major baseball... When we can sell out opening day in 84 minutes downtown and when you can get 900 people in line by 7:00 in the morning for tickets, you are going to see major league baseball come The people who are going through the turnstiles will bring it here." If Buffalo does get major league baseball, Mr. Rich will certainly be up there with the fans as a motivating factor. He demonstrated to the students he spoke to, just as he demonstrated to the city of Buffalo, that "money-grubbing capitalists" aren't all bad,' as long as they're on your side. league March 16, 1988 The Opinion .. 3 �Commentary by John Bonazzi There has been much talk lately with regard to opening up the Law Review. Several students have called for democratizing that organization as well as the Moot Court Board. In this spirit, the Law Review management should consider the following proposal. First, that each student be given an opportunity to participate in this worthwhile endeavor. The student will make his or her decision on whether to participate based on information supplied in a meeting open to all intersted first-years held in the spring semester of each academic year. At that meeting the Law Review will inform students of the requirements for becoming a part of their organization, and make clear that non-compliance will result in loss of that student's privilege to continue as a member. Such requirements would basically mirror existing obligations, and would include, but not be limited to: (1) Active participation in the "legwork," the daily routine of publishing a scholarly journal. This means doing one's specified share of cite-checking, editing, etc. (2) Attendance at meetings that the Law Review may from time to time call, including those to coordinate assignments, monitordevelopmentof Law Review papers, etc. (3) Active participation in a program which encourages students to develop and improve research and writing skills. Enhancing a student's legal education would continue to be a basic mission of Law Review. (4) Performance of "office hours" or other such administrative requirements. A program patterned in this fashion would offer the student truly interested in a serious legal education the opportunity to obtain it, while simultaneously assisting in the publication of this school's primary law journal. The argument that students would simply join Law Review to enhance their resumes is unpersuasive, as the considerable time and duty requirements would discourage continued membership among those not truly interested in supplementing their educationwith this valuable experience. Those studentswho do remain "along for the ride" will nonetheless be contributing to the publication of the journal. This system opens up the Law Review to the very studentswho payfor it through tuition fees, enhancesall students' education and is more equitable, all of which will benefit UB Law School in the long run. The Alternative In the unfortunate event that Legal Ethics Top Goal of Phi Delta Phi Fraternity Phi Delta Phi International Legal Fraternity, established in the year 1869 to promote a higher standard of legal ethics, is the oldest professional fraternity in the Western Hemisphere the second oldest North American legal organization in continuous existence, established only six months after the Columbus, Ohio Bar Association and nine years before the American Bar Association. Phi Delta Phi has chartered over 140 chapters called Inns in the United States, Canada, Mexico, Guatemala and Puerto Rico since its foundation and the number of Inns increases yearly. Phi Delta Phi has initiated in excess of 120,000 members making it the largest legal fraternity in existence. Among the American Presidents, Supreme Court Justices and major political figures who have been initiated into Phi Delta Phi, one may count among others Theodore Roosevelt, Franklin D. Roosevelt, William Brennan, Earl Warren, Sandra Day O'Connor, Robert F. Kennedy and Henry M. Jackson. For the law student and prospective attorney, Phi Delta Phi stimulates the give and take of intellectual debate and provides a forum for the testing and clash of ideas as well as contact with eminent jurists, professors and practitioners. It provides a focus for the activities that help develop the service and leadership qualities which a law student is expected to bring to the Bar, whilefostering close friendships, both personal and professional, which can be cherished throughout life. And in the words of Supreme — — 4 — The Opinion Court Justice Lewis F. Powell, another distinguished member of PDP, "At a time when the ethics of the legal profession are being questioned, it is gratifying also to know that the inculcation of high standards of professional ethics and responsibility remains a goal of this Fraternity." In 1986, "Daniels' Inn" was reactivated at UB Law School and in the fall of 1987 seven members (Rick Bulman, Cathy Coughlin, Cathy Figal, James Gallagher, Bob Mcßride, Karl Niedermeier and Claud Pujoll) were inducted by the International President Robert J. Pirie. A first-acquaintance, coffeeand-donut meeting was held shortly thereafter, followed in October by a lively pub debate on the Bork issue. The Inn's slated activities, under the leadership of Rick Bulman and sponsored by CDO, include a 2nd and 3rdyear practice interview session with practitioners from every area of the law, and in April a student panel discussion involving advisement for courses with Cathy Figal and Bob Mcßride, and the annual "Race Judicata" with Karl Niedermeier. If you would like more information, please contact any of the officers listed below: Karl A. Niedermeier, Magister, box #797. Robert Mcßride, Vice Magister, box #778. Cathy Figal, Exchequer, box #698. Richard Bulman, Clerk, box #636. Claud J. Pujoll, Historian, box #812. This article was written for Bylaw 13 compliance. March 16, 1988 the powers-that-be decide to retain a selection process for membership, it is further proposed that the competition be restricted to the following: (1) A paper of between 15 and 20 pages will be assigned on a topic at issue in a case or cases. Students will first research the topic extensively, and write a coherent, thorough paper which critically analyzes issues and relevant concepts, and which is not hampered by excessively restrictive length requirements. (2) The paper will have a length limitation of 20 pages, with only one page reserved for footnotes. (3) Margins will be one inch on all sides. (4) Considerable weight will LRaewviPrsocPnSlt roposed be given to the analyses of issues and other scholarly matters much more so than Bluebook form, and other matters of style. While the latter are important, they will be recognized as the less important considerations in judging membership to the Law Review. (5) Each paper will be read by half the number of judges that currently read casenotes, thus avoiding Mr. Bank's objective that human resources preclude allowing for longer papers. (6) Those with grades comprising the top 10 percent of the class will be automatically admitted into Law Review. (7) In addition, students who finish in the top 10 percent of the writing competition will also be offered membership. — Analysis Because of the mixing of these two inclusive groups, the Law Review will comprise roughly about 15 percent of the class. (8) For students whose grades do not fall in the top 10 percent of the class, their grades are not to be considered along with the submitted papers in evaluating membership offers. A couple of comments. First, the better of the two systems is the former. If a student wants to participate in a law school-related activity that complements and enhances his or her education, then that student should not be prevented from doing so by members of those organizations who benefit from elitist admission requirements. . continued on page 15 by John Bonazzi The Presidential Primary Battle Despite Super Tuesday failing to live up to its billing as the political heavyweight bout of the century, the 17 Republican and 20 Democratic contests did much to shed light on the eventual identities of the respective parties' nominee. The GOP The Republicans had a good night in terms of party unity and candidate focus. George Bush won everything, and came away with an impressive, perhaps insurmountable deleone destined to gate count propel him to his party's nomination in August. The victory accomplished much. It gave him control of the campaign's agenda, as well as the spotlight. These are precious tools on the campaign trail. The biggest loser was Dole. No one expected him to do very well, yet no one expected him to sputter and fall as he did, either. He lost his campaign on Super Tuesday, although the writing was on the wall in New Hampshire. Dole must win Illinois convincingly to salvage any hope of staying in this fight. He may win, but he won't win it big. Yes, Illinois is part of ethnic mid-America, and is concerned primarily with issues wiping out so many farmers in our nation's bread basket, but Bush's momentum and that region's support for Reagan will temper any outpouring of support for Dole. The following statistic demonstrates just how difficult a comeback by Dole will be. Dole needs to win 85% ofall remaining delegates to win the nomination; Bush needs to win only 35%. Bush would have to fall asleep to do less than 50%. Robertson's poor showing was dwarfed by Dole's, but was still harmful. This man boasted of winning South Carolina outright, yet placed fourth a disasterous showing that signalled the end of his chances of influencing the choice of the Republican slate. Robertson may have some effect on the platform in New Orleans, but will have no say on anything else. If he was going to win anywhere, it had to be the South, where there are as many bornagains and Southern Baptists as there seems to be Campus Police writing parking tickets millions upon millions. He has — — — some chance in the midwest, the so-called "Bible-Belt," but not enough to amount to anything substantial. He will not overtake Dole, and certainly not Bush. All he will do is continue to make outrageous, inane remarks which entertain and amuse all sane Americans. As for Jack Kemp, he's history; he will pull out of the race in a matter of days and will run for re-election to the House this fall. Nobody in their right mind would throw away that much power and seniority, especially after greatly increasing their name-recognition. The Democrats As for the Democrats, the big winner was Mike Dukalis, and the big surprise Al Gore. Dukakis, clearly the frontrunner in this race, and the prohibitive favorite to capture the nomination in Atlanta this July, did well. He won 6 states and garnered 386 delegates. He is seen as the true establishment liberal, a somewhat misleading label. The Duke is not only winning states, but more importantly, winning delegates. The most important point about Dukakis is that he is the only candidate up to this point to win in the South and the North. He's certain to make a big deal about this in the weeks to follow. Goreand Jackson are legitimate contenders, but have not shown that they can win in the North. In fact, Gore did so poorly in the pre-lowa polls, he skipped lowa and New Hampshire unheard of in presidential politics. For Dukakis, the challenge in the months ahead is to win the big, industrial, populous states such as New York, Michigan and California. He is helped by their liberal bent, as well as his impressive favorable rating of 60%, first among Democrats; his negative rating is only 31%, far lower than most people think. Dukakis must also try to put some rest to the contention that he is a simple governor with no foreign policy experience, soft on defense, and a big spender. Adding a little zest to his lifeless campaign persona wouldn't hurt either, although he's far more animated than he used to be. If he can do these things well, he's the favorite for the Democratic nomination, and perhaps the presidency. — Jesse Jackson did extremely well, capturing 95% ofthe black vote through the south. That's double of what he did in 1984. But Jackson is getting his share of the white vote, also. That fact is not going unnoticed among party officials, one can be sure. Jackson, who is taking this campaign far more seriously than his 1984 campaign, and acting far more responsibly as well, is a sure bet to at least have a major say on the party platform, the v.p. nominee, and perhaps the nominee himself. Unfortunately, America's racism will not permit him a true shot at the nomination. A sad situation for a candidate who won 5 states, received just 10 delegates less than Gore, and trails Gore by just 7 delegates for second place overall. Al Gore was the big surprise on Super Tuesday. He won 5 states and moved himself all the way to the second slot in delegate count. An impressive achievment for a candidate thought by the pundits to be realistically out of the running for a shot at the White House. The sticky problem here is that Gore has only shown that he can win at home in the South. Anybody can win at home. While Dukakis has emerged as the only real national candidate, winning in the Northeast, the Midwest, and now the South and Southeast, Gore and Jackson have not shown any appeal outside of their home base, although Jackson has shown some strength among white voters in the North. If Gore can't finish strong in the next couple of primaries, he's out of the running for the presidency, although will probably stay in the hunt for the v.p. sweeps. As for Gephardt, his candidacy is over, as is Simon's and Hart's. Gore stole Gephardt's thunder, stealing the white, conservative vote in the South. Gephardt must win Illinois to continue, which is highly doubtful. The spectacle of Gary Hart is a sad one. Not too long ago the man to beat for the presidency, he has become a comic symbol of lust and stupidity. An excellent speaker and campaign, Gary Hart had more truly good innovative ideas than the rest of them put together. To fall — continued on page 14 �SB A Briefs by John Williams SBA Debates Circulating Student Position Paper The SBA Sub-Committee for Developing Student Issues should be complimented on an outstanding job. Lisa Sizeland, the chair of the committee, should be applauded for herefforts. For those of you who don't know about the work of the committee, I would suggest reading a copy of the last two editions of The Opinion. The committee was formulated to solicit student concerns to present to the new dean. The committee consisted of nine sub-committees that addressed issues such as financial aid and advisement. The responses found in the committee reports were generated from student input through the SBA suggestion box. In its final form, the committee's report is approximately 50 pages and does represent a student-wide effort geared at addressing many of the problems that plague the law school. Debate on the floor of the SBA centers around what to do with the report. So far the committee has sent a copy to the dean and the various associate deans as well as the faculty. It is those entities outside of the law school who are to receive the report thatthe SBA is somewhat divided. We all tend to agree that it is important to send a copy of the report to outside entities such as the Erie County Bar AssociaAssociation, Alumni tion, SUNY Trustees and others to be named later. Where the SBA is divided on the issue is in what form the report should be sent. Some directors, as well as officers, think that we should have the dean address the report before circulating it outside of the law school. Others think that allowing the dean to address the report would defeat the purpose of formulating the committee. Those who think that the dean should be the first to address the report feel thatthe report may not be an adequate representation of how the law school has operated in the past and how it will operate in the future, and that the problems exposed in the report not only be the view of present classes '88-'9O. By allowing the dean to respond first, he can project how he proposes to address the problems mentioned for future students at this law school. tshuingtasdon > » The reality of the situation is that the present student body can speak for the future law school. The report is trying to steer the dean in the right direction. The problems that plague this student body have to beaddressed now in order to make a better future. The best way to get the maximum utility out of the committee's work is to send out the student report on issues for the dean to address to all those entities that the students who coordinated the report feel is necessary to send to in any form. If other students have any ideas on what should be done with the report, drop us a letter in room 101. Th report is on file in the library. Student Bar Association Meetings have been changed to: WEDNESDAYS at 4:00 P.M. in ROOM 109. All meetings are open to the University community. BUDGET DEADLINES March 25 at 5:00 p.m. ALL Budget requests for Fiscal Year 1988-89 are due to the S.B.A. Office. Absolutely NO Exceptions. Pick up a budget proposal form outside Room 101. Budget Hearings will be held Tuesday, April 12 and Wednesday, April 13. Organizations must sign-up for a time slot when they return their budget proposals. Failure to do either will result in funds not being The Buffalo Law Review would like to extend a special invitation to first-year women to participate in the 1988 Casenote Competition. Historically, women at UB Law have better academic records than their male counterparts in past Casenote Competitions. In past Casenote Competitions, women have competed on an equal par with men. The only bar to better representation has been lack of participation. allocated for the 1988-89 academic year. The full S.B.A. Board of Directors will vote on the budgets Wednesday, April 20 at the regularly We hope that the 1988 Casenote Competition will include a representative number of women. scheduled S.B.A. meeting. It is strongly recommended that organizations send members to this General Meeting. DONT FORGET ... COPIES OF YOUR CONSTITUTION AND CHARTER For more information, please attend the informational meeting on March 16 at 3:30 p.m. in room 106. ARE DUE IN THE S.B.A. OFFICE BY TUESDAY, APRIL 5. March 16, 1988 The Opinion 5 �SPRING SEMESTER DISCOUNT ATTENTION: CLASSES OF 1988, 1989 & 1990 WHEN YOU REGISTER EARLY FOR BAR/BRI'S 1988, 1989 OR 1990 NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE OR VERMONT BAR REVIEW. YOU GET THE NATION'S LARGEST AND MOST PERSONALIZED BAR REVIEW AND YOU SAVE $100 OFF THE CURRENT TUITION. 'PLEASE NOTE: ANTICIPATED 1989 TUITION IS $1075 IN NEW YORK, $950 IN NEW ENGLAND AND $825 IN NEW JERSEY. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $875 IN NEW YORK, $750 IN NEW ENGLAND AND $650 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 © 1988 BAR/BRI 6 The Opinion March 16, 1988 �Position Paper Addresses Student Lounge, Grading The following are the findings of the final three committees to the SBA Subcommittee for Developing Student Issues. The Creation of a Student Lounge by Charles Johnson The consensus of UB law students is that a high priority for the Law School should be the creation of a legitimate student lounge. There are few places within O'Brian Hall where students can congregate privately without being overrun by students from other areas of the university. Existing student areas within the law school are poorly litand dismally furnished. Dean David Filvaroff expressed a commonly felt view regarding O'Brian Hall when he stated that there is essentially nothing in the layout or decor of this law school which would "bring a smile to someone's face." (The Opinion, October 28, 1987.) These factors combine to create feelings of alienation and isolation among law students. An improved lounge could go a long way towards improving the quality of life in the Law School. With regard to the creation of a private law school cafeteria, there is less unanimity. Most feel that a dining facility would generate a sense of community within the Law School. However, other students are concerned that a cafeteria that excludes other university students would foster elitist and isolationist attitudes. While the student body is well aware that the management of the physical structure is the domain of theLaw School administration, two proposals for the development of a student lounge are noted below. It is duly noted that the first proposal would involve significant structural changes to the fifth floor courtyard and substantial financial investments. The second proposal would require less ambitious modifications to the existing fourth floor lounge. Creation of a Lounge in the Fifth Floor Courtyard A weather-resistant glass roof could be built over a portion of the courtyard adjacent to the fifth floor faculty lounge. Third-year student John Farrell conceived this plan and sketched diagrams which were given to the dean. The benefits of a lounge in the fifth floor courtyard would be significant. Given the proximity to the faculty lounge, the location would foster increased interaction among students and faculty. Taking into account the concerns for space in O'Brian Hall, the lounge would come at the expense of no current use. The present lounge on the fourth floor could be used as a seminar room or converted into office space. From both aesthetic and practical perspectives, the courtyard's natural lighting, its location away from university traffic, and its substantial size make the site an ideal location for a student lounge. The drawbacks of the project are clear cost and delay. The location would require a major financial commitment by the Law School and would likely necessitate approval from SUNY in Albany. However, if the Law School is committed to remaining in — O'Brian Hall for the next decade, a capital expenditure of this nature is well worth the investment. There is no disagreement thatthe physical structure is wanting for a comfortable place for students, faculty and guests to mix informally. Renovation of the Fourth Floor Lounge It is no revelation that the resources may simply be unavailable for the first proposal. In that event, much could be done to improve the current student lounge of the fourth floor. In spite of the addition of two attrative couches, the lounge's current state is such that many students are not consciously aware of its existence. The room is poorly lit, in need of paint, continues to need tables and chairs, and is too small for general student use. The following recommendations are urged: The room should be painted and the lighting improved. Track lighting along the ceiling has been suggested. Moreover, adding pictures or paintings would add life to four otherwise barren walls. Hanging or potted plants would soften the room's appearance. An additional couch and new tables and chairs are needed as well. The room could be expanded approximately ten feet in depth by removing the concession machines and eliminating the wall between the lounge and concession area. Law students do not frequently use these machines. Law students feel strongly that a comfortable area is needed within O'Brian Hall to engage in quiet conversation and relaxation between classes. Such a place is currently not to be found in the building. The student body looks forward to working with Dean Filvaroff and the administration in looking for creative ways to generate a greater sense of community within the Law School. Miscellaneous by James McClusky Grading Policies I. Timeliness This is an area about which students protest vehemently each semester yet nothing is ever done about the professors who continually drag their feet when grading exams. An enforcement policy must be instituted in order to allow students some recourse when late grades do occur. Currently the professors have more than enough time to grade the exam. A self-imposed February 15th deadline has been in effect since December 19, 1979. There are many valid reasons for wanting grades in on time: Late grades often result in students being de-certified for their TAP award. In addition to having to reapply for this award it also results in a twenty dollar late fee Charged by the university. With only a final exam in each class students do not know where they stand until well into the second semester. This is harmful to first-year students who must assess their reading and studying skills and to third-year students who may have to take a class over in their final semester. In applying for summer clerkships, students must com- — — — pete against those from other schools who already have received grades. Employers can assess these students' knowledge in a particular area and make them offers well before U.B. students have their grades. Professors stress the point of being prepared for class because when we become lawyers, a judge or our client will not accept unpreparedness. However, the example they are setting is one of "better late than never." Professors also stress that their class comes before moot court, law review, outside jobs and the like, yet they often use the excuse that they were working on a law review article, books, plays, conferences. As salaried employees of thisLaw School they should realize that school comes first for them also. In alleviating this problem the students have two possible solutions. One is the fining of professors who fail to submit their grades on time.This is currently being done at the University of Syracuse Law School, and from sources there, it is working very well. Another method would be to post the names of professors who have submitted their grades while holding the actual grades until all professors have submitted their grades. This will make the perrenial late — — graders everyone's problem and thus creating a situation in which more pressure is exerted on the laxodiasical professors. This method is currently employed by the Albany Law School. Under the latter alternative a late professor could still ignore the protest, exasperating the problems it is meant to alleviate. Under the former, the students' aggravation is offset by the professors' financial losses. These penalties (in a sense a reduction of one's salary for failure to properly carry out their job) could in turn be used to benefit student programs (i.e. the Clinic). If this method is chosen, implementation may have to be done through employment contracts. 11. Posting Many students are concerned with the posting method currently employed by A & Ft. The current method is to post grades by social security numbers in alphabetical order. In classes which more than one sheet is needed those sheets may be switched around but it hardly alleviates the problems. We realize that if this problem is in part caused by over-curious students it can be easily remedied. Rather than transposing grades onto an alphabetized listing of social security numbers, enter the grades into the computer and then regenerate a new list, printing social security numbers and their corresponding grades in a random order. 111. H-Q System This is another problem area which generates requests for change every year. This year the requests, complaints, and suggestions are coming in larger quantities than previous years. Realizing the H-Q system is an integral part of the Buffalo Model which helps to encourage anti-competitive and cooperative feelings among the students, we would not suggest — changing it at this time. However, we would encourage professors to utilize the full range of the current grading system. It is not unusual to hear students talking about the "Q-train" or to know students who show up at one class and still hop aboard the"train." The current policy of professors who refuse to give out anything below a "Q" encourages a "just getting by attitude." The work these studentsdo is "marginal" and should accordingly be given a "D." In the same light, we note with surprise the sudden turn around in many professors' grading policies. The unusually large numberof "D's" given the fall semester 1987 has been met with surprise. Disregarding the pros and cons concerning the utility of giving "D" grades to law students, if there is a new policy or if the administration in any way has suggested to the faculty that they more liberally use "D" grades the students should know. This committee would also like to point out that there will be a student-wide referendum concerning the grading system later this semester. We encourage you to give appropriate weight to the students' voices when the results become known. CDO The problems students experience with CDO is one of lack of communication. Students complain that there isn't enough being done to cultivate relations with the "bigger" firms, others complain enough isn't being done for public interest oriented students, while others complain that there is never anything about civil service and government jobs. From discussions with those who have utilized the CDO to attain jobs in each of the abovementioned fields, it is apparent the problem does not lie in providing these services. One method of improving communications would be to hire work study student(s) as advisors. These students would be identified as the person to talk with for particular areas of continued on page 15 Advisement Program by Kelley A. Omel Recently the SBA surveyed both the faculty and the students regarding their views on the possibility of enacting an advisement program at our Law School. Briefly, the results as of February 7, 1988, of both surveys are as follows: Student Survey: 27% (184 students) responded 1. Do you see a need for an advisement program at the Law School? — 96% No —4% Yes the advisors to be: prefer would you 2. If yes, Both —78% Students —3% Faculty —14% There were also several suggestions to utilize local attorneys. 3. What class are you in? 2nd —33% 3rd 27% Ist —40% 4. Upperclass students only: If we develop a peer advisement system, would you be interested in serving as an advisor? 57 Number of volunteers 2nd —36 3rd—ls Ist —6 — — Faculty Survey: 38% (15 faculty members) responded For the most part, the faculty supports an advisement program. However, several faculty members expressed valid concerns regarding our initial ideas of an advisement system. Originally, SBA was exploring the possibility of assigning approximately seven students to each professor. Concerns regarding this type of system included the wisdom of linking students to a particular professor when there is such a diversity of faculty within the Law School and the time involved per professor if all did not participate. Tentative Proposals Taking the results of both surveys into consideration, SBA has developed a tentative proposal: 1. Print and distribute a list of all full-time professors including their fields of expertise, office numbers, campus phone numbers and secretaries. Such a list would publicize the already existing availability of faculty members to students and would aid the students in selecting the faculty members with whom they would wish to speak. 2. Print and distribute a list of all second and third year advisors, including box numbers and phone numbers. Also print a listing of all courses offered and the advisors who have taken each course. 3. Hold groupprograms, perhaps in conjunction with peer tutorial and/or Career Development to help students select courses. Possibilities: Question and answer sessions to help first year students select upper-level courses prior to registration, as was done last year. Sessions in which local attorneys advise course selection for related careers. The first year students who volunteered will be extremely important in that they can help adminstrate the program and encourage other first years to participate. Also, faculty volunteers will be necessary to help oversee the program. It is important to note that this proposal is tentative. As problems are anticipated or as they arise, there is definitely room to iron them out. An advisement program will go into effect this year to help the current first-year class to move into their second year. • • 7 The Opinion Page seven �opinion £0a STATE UNIVERSITYOF NEWYORK AT BUFFALO SCHOOL OF LAW March 16. 1988 Volume 28, No. 11 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Jeff Markello, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Raymond Benitez, llene Fleischmann, Charles Johnson, Jennifer Krieger, JenniferLew, Troy Oechsner, Kelley Omel, Maria Rivera. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial SUSTA Cut Would Affect All of Us Earlier this academic year a letter-writing campaign sparked debate over what is "political," and many people disapproved of the use of student funds to finance political activities with which only a portion of law students agreed. A letter-writing campaign is in the air again, but this time the cause is one with which no one should disagree. As it stands, Governor Cuomo's proposed budget would eliminate $325,000 of state financial aid (SUSTA). SUSTA only affects UB law students. In the entire SUNY system, all of those other students who could receive SUSTA have other sources of financial aid undergraduates rely on TAP as their primary source of state aid. The UB law students who actually receive SUSTA, however, have no other avenues to pursue for the kind of grant money that SUSTA represents. — Yet the cutoff of SUSTA funding is not solely the concern of the people who receive it. The entire law school is adversely affected. Almost 200 law students, or about a quarter of the law student body, currently receive SUSTA. These students receive it because they have been found eligible for full TAP funding, which is $1,200. The supplemental SUSTA money comes out to $1,600, or a total of $2,800 towards the $3,150 yearly tuition. The remaining $350 comes from the recipients themselves. The reasoning behind SUSTA has been the recognition that there are a lot of students who want an education, and who are valuable to the educational system, but who simply have no way of paying for that tuition without the state's help. It happens that a large percentage of the SUSTA recipients are ethnic minorities, women, and "non-traditional" students. Four of the recipients are physically challenged in some way. The administration has the names of these students who are classified by their financial aid forms as the neediest of the needy. We don't know who they are, but we know that they are out there. Think about it. One of them may be a student who always defends the interests of women and minorities. One of them could be a student who speaks up in class and who always voices the opinions that you would like to voice, and with whose views you usually agree. Any number of them could be prominent student leaders whose initiative has helped the law school progress. One of them could be your closest friend. One of them could be you. The cutting off of SUSTA would leave these 200 people with no other means of paying their law school expenses. It could force many or all of them to leave school and deprive the rest of us of viewpoints we might not otherwise hear and of people we might not otherwise meet. It could prevent many financially disadvantaged people in the future from getting the education they desire and deserve. The SBA has already begun tabling for this cause. Personallywritten letters are encouraged because they bear more persuasive weight than do form letters, although SBA will supply form letters for those who do not wish to write one. It does not take a lot of effort to guarantee that our interests are protected. Take the time to write to the Senators and Assembly people whose names and addresses are listed on page 1. Or call the local offices of our Western New York representatives to Albany. Student action has worked before. With only a little time and effort it can work again. The Opinion Mailbox Ex-SB A President Rips Faculty To The Editor: It has come to the attention of many SUNY/Buffalo Law School alumni that the Placement Office continues to permit the use of its facilities by those employers who openly and notoriously discriminate on the basis of sexual orientation. Such administrative behavior cannot go unchallenged and we understand that students continue to rally in opposition to the Placement Office's policy of tacit discrimination. However, their many voices, to our understanding, have yet to be heard. What bothers us most, though, is the apparent utter cowardice on the part of the law school faculty to take a stand on the issue. In recognition of the fact that the faculty is almost all male, we wonder who the hell has swallowed theircollective balls. It is truly pitiful that, in a law school, the faculty would refuse to take a stand regarding discrimination let alone take a stand opposing discrimination. However, the true responsibility, of course, lies with the administration. Because of its The Opinion March 16, 1988 Brett Gilbert President, Alumni United Against Discrimination Simpson-Mazzoli Bill Very Unfair ity to civic organizations to help in the legalization process, does not have the capacity to handle millions of illegal aliens. To The Editor: I must applaud James P. McClusky's article in the last issue of The Opinion. It is true that the ethnocentric fears and irrational thinking that has permeated our society has been detrimental to our progress. It is a disgrace that the SimpsonMazzoli Bill was ever discussed by our representatives. In addition, the recent Immigration Act is also a disgrace. Although we are concerned with giving certain rights and privileges to illegal aliens, the Immigration Act does not deal with this problem at all. Illegal aliens were given one year, which ends in May 1988, to obtain some form of legal status if they can prove that they were residing in the United States before 1982. It is ridiculous that after years of living here illegally and using false names and addresses, we now ask them to come forth and prove who they are and where they've been living. The Act seeks instead to punish American businesses for employing illegal aliens. Al- though these aliens have obtained illegal entry into the United States, they perform the work that American citizens no longer wish to do. This has created a hassle with ethnic American citizens who now have to prove to potential employers their citizenship and legal status. Some may argue that the presentation of a birth certificate and social security card is not an undue burden, but it has the effect of enhancing ethnocentric fears. Lastly, I must agree that these types of restrictions do nothing but hinder the progress of American businesses and the development of free trade. Daniel Ibarrondo Students Deserve Praise To The Editor: A small group of students deserve the student body's grateful support and thanks for their stellar accomplishments. Perhaps the best two examples of these efforts are Lisa Sizeland for coordinating the recent impressive report to the Dean on student concerns, and Kelley Omel for planning, organizing and directing a handful of outstanding social activities for law students which were novel, enjoyable and done Furthermore, the Immigration and Naturalization Service, although they granted author- well. Other examples include Karen Comstock's effort to introduce a much-needed public interest loan forgiveness program here at ÜB, and the many contributors to Lisa Sizeland's report to the Dean. The UB Law School will be the ultimatebenefactor of these concerned students' commitment and energy. Let's hope their efforts are contagious! John J. Bonazzi Magavern's Criticism Unjustified not ask the writer what he/she meant. We did the next best To The Editor: In the last issue of The Opinion, Bill Magavern raised the issue of the Law Review's elitism. In not passing on his merits (or lack thereof) I would like to rebut his criticism of the SBA's "miscellaneous committee." This committee is part of the subcommittee which developed a position paper for presentation to the Dean. One of the many suggestions received was an anonymous letter stating, in part, "open up and democratize the law review, the last bastion of elitism at ÜB." This letter suggested that it could be done by opening up membership to all those who do the work. As we did not know who submitted this suggestion we could f • %n\ \ \ f(Wj kfi V I I a thing. It was discussed in the committee, we asked other students and we questioned some current members. None expressed similar opinions. (Though some undoubtedly share these views it would have been impossible to question the whole student body.) The committee could do no more. What was meant by the statement? Did doing the work mean regardless of quality? Or was the writer suggesting that the work had to be at least high school level? What was the work to be? The current case note competition? A 50-page paper? In short we could not present the issue to the Dean unless we were able to have a stated position and some facts to back up our position. Fearful of missing a valid concern and respectful of each student's time spent in writing their suggestions, the committee posted all suggestions outside the library. Further, the position paper was printed in its entirety in The Opinion. The students were free to disagree and act on their concerns. To cover all the issues, we needed participation. Much credit goes to Lisa Sizeland and all those who worked on the paper. Those with criticisms should ask themselves why they did not take a more active part in the drafting of the paper. Then maybe next year, people won't have to write to The Opinion and ask the newspaper to write an update. James P. McClusky Have a great time in FLORIDA this Spring. But please... Ml H Have a "SAFE BREAK '88" jfeAi©\ Make this the best Spring Break ever. c saf est one also. v ma <e )ur oal <~ 9 st 0 aye no stuc ent deaths due to alcohol or drug related accidents, or non-use of safety belts. vS\ * ' '* *^ \\of>\A \ NEW YORK COALITION FOR SAFETY BELT USE 8 stubborn refusal to alter policy, the administration is acting the role of an accomplice to discrimination. We, as alumni, will refuse to contribute any funds to the law school as long as the law school continues with its current policy of discrimination. We encourage students to continue in their protests, knowing that someday brighter administrative heads will prevail. ' ' BUCKLE UP IN FLORIDA... IT'S THE LAW! �Res Ipsa Loquitur Way Down, Way Down In Alphabet Town Good Morning, Buffalo! The flu is going around, Jesse Jackson has won seven states, the weather is getting better, Jesse Helms will not run for President in 1988 and the war between Iran and Iraq still continues. At least some things are stable in life. There's been so much happening these days that I felt like writing my column in Chinese. (Oops, now the Chinese law students are going to get mad at me for mentioning their ethnicity.) Why is everybody so jumpy and touchy these days? Relax and enjoy the ride. Today we focus on that allAmerican favorite pastime, controversy. Controversy has been with us since the days of the dinosaurs. It later became a favorite of the Roman Empire, passed on to the Greeks and I guess the Corinthians until it settled in Spain. While in Spain, the world did not know much about controversy because things were kept pretty quiet. And then man appeared and ... by Daniel Ibarrondo walked on two feet. Today we still question this. No, not man's appearance, but whether we've masteredthe art of walking. Witness Gerald Ford. (Actually, that had nothing to do with learning how to walk. His wife had the drinking problem and he felt the effects.) Anyway, moving right along, the Europeans soon mastered the art of controversy. Somewhere along the line during some type of imperialist war, Americans came, conquered and appropriated controversy. Jerry Falwell made it a household name and Geraldine Ferraro embodied it. Today, Good Morning, Buffalo presents our new movie and book review series entitled American "Controversy: Style." In one corner we have the GAY group fighting against the JAG group. In the other corner we have the NLG group supporting the PLO group and getting other groups angry. (Better you than me, buddy.) What we have here folks is an alphabet city of angry people. The common line between all of these groups is the protection of human rights. To create the right atmosphere, we add a fire alarm mentality. That is, we have the entire school thinking twice about what they say before we accuse them of being racist, sexist, ageist and everything else. (What I don't understand is why "feminist" is not included in this category. The abuse that all American men must take by them is incredible. Now I'm really going to hear it!) To put the icing on the cake, on the sidelines we have another group talking about open admissions to the LR (Law Review) group. As Yakov Smirnoff would say, "America I love it. Wha'ta country!" — The scene is in front of the second floor library. The title is "The Six Minute War." The actors: us. The orator: Geraldo Rivera. Unfortunately, I don't have enough space here to tell you what happened. I can only do a movie review. They sought open borders and open admissions; they used slash-and-burn methods; they attacked each other and hid behind trojan tables; they blasted employment practices; they sought real men. It was controversy at its best. The NLG on one end arguing against JEW and JAG. The PLO was nowhere in sight but were aptly represented. The JAG was coming back with blows of their own against the PLO. Or was it the NLG? Or was it the GAY? Either way, it was the best show I have seen. The LR group, sensing the growing opposition to their membership, went out to recruit more women to join them. They figured that if their territory was going to expand, it might as well be women. (Way to go, guys!) Cheering on, sitting in the bleachers, was the RIGHT group. The RlGHTgroup attacked the who in turn sought refuge with the CLS Guild Perspectives group. The CLS group didn't say a thing about the GAY, NLG, LR, JEW or PLO groups. They lied, misrepresented issues, passed out propaganda mateunderunderscored, rials, American What true mined. spirit! At the end, the PLO infiltrated the JAG groupand closed ranks against the GAY and NLG groups. Or was it the LR group that closed ranks against the GAY and NLG groups? Either way, this was better than "RAMBO." A real patriotic demonstration of the American way of life. Unfortunately, there were no heroes, no Ollie Norths in this movie. However, the portrayal of typical American misinformation and confusion of issues hit home. Truly a mustsee movie! Next week, Good Morning, Buffalo will review the Oscar award-winning movie based on the biography written by Jacqueline Onassis, "Yasser Arafat, I Did My Way." by Troy Oechsner Why We Fight For Human Dignity: End JAG Visits "Aren'tthose queer,crippled, old farts a pain in the ass!" In the last issue of The Opinion, Shawn Griffin wrote a letter complaining that the NLG was denying job opportunities by calling for a policy which would end Career Development Office support of employers who discriminate on the basis of sexual orientation, handicap, or age. In particular, he objected that such a policy would prohibit the military's lawyer corps (JAG Corps) from conducting interviews on campus because they will not hire lesbians, gays, the handicapped, or people over 35 no matter how able they may be as attorneys. — It is highly ironicthat Mr. Griffin claims that this non-discrimination policy will deprive students of an opportunity to interview with JAG. What about the job opportunities of lesbian, gay, handicapped, and older students who wish to serve their country? Mr. Griffin (assuming he does not fall under one of these categories) may simply go offcampus to interview if this policy is implemented. Where do lesbians, etc. go? As freedom-loving people, we Americans no longer allow discrimination on the basis of basic unchangeable personal characteristics such as race, sex, and national origin. Is someone's sexuality, physical ability, or age any less of a basic unchangeable personal characteristic deserving of constitutional protection? Do these characteristics have anything to do with a person's ability to be a competent lawyer in the service of their country? Mr. Griffin correctly pointed out that the Supreme Court has condoned the discrimination currently practiced by the military. So what? The Supreme Court also declared that slaves are property (i.e. Dred Scott). Just because the Supreme Court says it is permissible to discriminate does not mean it is morally defensible. Mr. Griffin incorrectly commented that "there were 25-30 students who interviewed with JAG." On Feb. 23 (the date I assume he is talking about) there were exactly 13 students who signed up for JAG interviews out of at least 15available slots. Exactly 11 of those were NLG members who went to question the JAG officer conducting the interviews about their discriminatory policies. I was one of them. In fact, CDO reports that six of last year's graduating stu- The "Right" View dents went to work for the military. By the most conservative estimates, 10 percent or more of the U.S. population is gay. This would translate to over 80 law students. Throw in a few handicapped and a goodly portion of olderstudents and we're talking an easy 100 law students or roughly 13 percent of the student population. So, Mr. Griffin, does this still seem like a "small number of gay students" who are being discriminated against? The NLG feels strongly that UB should not continue to participate or contribute to employment discrimination. We support the SBA's resolution that UB Law School adopt a policy of non-discrimination which includes sexual orientation, physical disability, and age. Such a policy is consistent with Cuomo's Executive Order 28 (prohibiting all state agencies from discriminating on the basis of sexual orientation) and SUNY Board of Trustees resolution 83-216 (prohibiting SUNY from discriminating on the basis of sexual orientation). Numerous schools have adopted similar policies including Harvard, Yale, NYU, Columbia, UC Berkely, UCLA and Syracuse. Dean Filvaroff has just appointed a committee headed by Prof. Ewing to look into this matter. We hope they will join the movementto divest our universities from discrimination. Back in the 1930's the NLG fought the ABA's policy of not admitting women and people of color as members. It's now 1988 and we are continuing that fight until all peoples are judged according to abilities. by James McClusky and Kenneth Neeves Federalist Society Symposium Held at Univ. of Virginia The seventh annual national symposium of the Federalist Society for Law and Public Policy Studies has held at the University of Virginia School of Law on March 4th and sth. We joined several hundred students from real law schools from throughout the country to discuss the issue, "Are There Unenumerated Constitutional Rights?" This wide-ranging discussion explored the nature and extent of constitutional rights and liberties in modern society. The maintenance of adequate constitutional protection of individual freedom against the excesses of government power has long been a concern within the republic. The several states voted to ratify the constitution only after assurances were given that an explicity enumerated Bill of Rights would be added to it. The first ten amendments designedly supplemented the safeguards of individual liberty inherent in a federal govern- ment structure of limited pow- ers divided among the branches. More recently, the post Civil War amendments have further strengthened constitution protection of specific areas of individual right. Tension developed as the judiciary became more active in "interpreting" the written constitution. During the Lochner era the Supreme Court used the Fourteenth Amendment aggressively to protect economic liberties from government interference. By the late 19305, the Court had retreated from such significant protection in the economic realm. More recently it has been increasingly willing to intervene on behalf of other personal rights, such as "privacy" and autonomy. Constitutional language has been stretched to include extraconstitutional rights in cases such as Griswold and Roe. This symposium featured speakers who discussed and advocated various methods of judicial interpretation and constitutional theory. As part of the symposium there were five formal panel discussions. The first such panel, moderated by Supreme Court Justice Antonin Scalia, addressed the question, "Do we have an unwritten constitution?" The one thing that all the panelists agreed upon was that there is a written one. The panelists included Professor Paul Bator, Professor Michael Moore and Professor Ronald Rotunda. The second panel vigorously debated "The Ninth Amendment and its relation to natural rights." This panel was moderated by Judge Daniel Mahoney of the Second Circuit and included Dean Norman Redlich of N.Y.U., Assistant Attorney General Charles Cooper and Professor Randy Barnett. The panelists disagreed about the original purpose of the Ninth Amendment, its relationship (or non-relationship) with the Tenth Amendment, and what theory of right should properly be applied to constitutional questions. The next panel was concerned with "The modern role of the or privileges immunities clause." Judge Harvie Wilkinson, 111 of the Fourth Circuit was the moderator. The panel, highlighted by Professor Nino Graglia, also included Professor Sanford Levinson (co-author of everyone's favorite, Processes of Constitutional Decision Making), Clarence Thomas (chairman of EEOC since 1982) and Michael K. Curtis, Esq. (NCCLU). Although it got off to a slow start, the philosophical differences between the four panelists, which professor Graglia pointedly emphasized, soon became the source of good-natured intellectual contention. Next came Judge .Stephen Williams of the D.C. Circuit moderating "Privacy and personal liberty under the due process clause." Professor Daniel Ortiz (U. Va.) argued that infus- ing a concept of privacy would perpetuate the consent needed to legitimize a constitutional form of government. Professor Jules Gerard (Washington in St. Louis) disagreed, indicating that the constitution was legitimate without such an infusion. Professor Lillian BeVier took a different approach, arguing that the term "privacy" should bereturned to its etymological roots before such a discussion would be fruitful. "The role and relevance of the amendment process" was the topic of the last panel. Moderator Judge Frank Easterbrook of the Seventh Circuit led a pen including Professing Akhil Amar (Yale), Assistant Attorney General Stephen Markman and Professor Larry G. Simon (U.S.C.) Professor Amar advanced the theory that to limit the means of constitutional amendmentto the Article 5 process would deny a segment of the populacontinued on page 15 March 16, 1988 The Opinion 9 �Arbitrariness of Olympic Sports Participation Unfair by Jeff Markello The athletes. The excellence. The competition. The Olympics. The excitement generated by watching your country's team compete is like no other. except if you are an American in 1988. Because of the extended coverage it receives, we are all in touch with how poorly our athletes are faring this year. Even so, it is easy to remember how good it felt in 1980 to see Mike Eruzione help our hockey team win the gold. What a name only in our great melting pot. Our nation was swelled up with pride, for we had just beaten the Soviets at their own game. A strong America you couldn't help but feel proud. It's remarkable how the Olympics can touch the lives of . .. .. non-participating spectators with such impact. In light of this, try to imagine the force with which a victory or defeat hits an athlete. Here's one vote to take the athletes themselves more into consideration. Let's try to put less emphasis on glory of victory and play down the agony of defeat. theathlete doesn't need any more berating than he already gives himself or herself. Please, let's put these games in proper perspective. What's the first thing that first-year law students are told by their professors when grades are first posted "Don't let this grade affect your self-esteem or alter your goals. This letter that I've assigned to you does not mean that you are a good person or a bad person. In fact, it doesn't mean anything at all." . .. After a quick check around of your immediate friends and a review of your exam, you begin to realize that the grading was largely arbitrary and there was nothing you could do about it. The Olympics are the same way. I hope that the competing athletes understand that what's measured out there is not human worth. In fact, the results are more arbitrary than usually thought. What about the extraneous personal factors on the athletes themselves? Law school grades are often heavily criticized as arbitrary and meaningless because they are supposed to be a measure of 4 monthsof work even though the student only has 3-7 hoursto convey all he's learned. What if you weren't in top form during those few hours? Is it fair that you receive Scalpers: NewPublic Servants by Jeff Markello PLACE: Outside the Memorial Auditorium in downtown Buffalo, NY. DATE: The night of any Buffalo Sabres hockey game. TIME: Sometime between 7:00-8:00 p.m. "Tickets. Who needs tickets? I've got tickets." "Who has tickets? I needtickets." "Looking for some good seats, man? I'll set you up real good. Solid blues, 70 bucks you can't find a better price." "Aw, come on I can go inside to the ticket office and buy a couple of seats for much less than that." "No, man. Orange is all sold out. Ten minutes ago, all they had inside was a few scattered reds and blues. And believe me, I betcha that even those are sold out by now. Don't you want to sit next to your date?" "Certainly, but 70 dollars for a pair of blues sounds kind of steep to me." "Friday night with the Rangers in town, it's a big night." "I think I'll shop around." "Hey man c'mere, tell you what. I'll give them to you for 60." "I won't pay more than 50 for . 2 blues." "Alright man, a ten spot." guess you lose then because 55 is my lowest price." "What section are they?" "On the blue line." "OK, 55 it is." The scalper proceeds to query other spectators as they are on their way into the Aud. He sees a couple offans dressed very nicely and figures that they are probably sitting in season-ticket-holder's seats. In that case, it never hurts to ask if they brought everyone along with them, or might have an extra ticket that they're looking to get rid of. "Extra tickets, who's got tickets? I need tickets. Any extra tickets tonight folks?" "Yeah, we couldn'tfind a fifth person who wanted to come to the game with us tonight, so we do have an extra ticket." "Oh yeah man? Where's you sitting?" "Upper gold, section 2." "I'll give you 8 bucks for it." "Eight dollars? It's worth three times that much." "Hey man, it's only a single seat behind the goal and there's less than 5 minutes before faceoff. Believe me, it ain't worth more than 10. Here, I'll give you I "Alright, something is better than nothing." The scalper turns around and once again becomes a salesman. If the game is sold out, he'll go on to sell that same upper gold ticket for close to $60, making himself a tidy little profit of 600%. This about-face in role-playing is what allows the scalper to buy lowand sell high. All that evening represents to him is a night at the "Memorial Auditorium Seat Exchange." Just as the Stock Exchange on Wall Street, if he buys lower than he sells, he comes away happy and can be proud of the good night's work. The art of scalping really only requires a working knowledge of the market economy and a little bit of capital to get you started. Inside connections are essential for a big killing on a slow night. A good scalper tries to find some business executives whose company gives them hockey tickets (preferably season tickets), and who don't give a hoot about this Canadian sport. The scalper can sometimes talk this executive into continued on page IS only a Q, or even a D, if you stumbled? Well, how about the pressure that an Olympic athlete must feel knowing that she worked very hard for more than 4 years to have the world evaluate her and pass judgment on how well she performed in a time span of 3-7 minutes. Imagine how frustrating it must be for the Olympic athlete to not be able to guarantee a peak performance. We, as law students, have no idea what it's like to really be under pressure. So no more bitching come finals OK? Dan Jensen knows what it's like to have a bad day, a bad week. Hours before he was to compete, this U.S. skater learned that his sister had just died of Leukemia. Although recognized by many as the best in his sport, this wonderful athlete fe11... in both of his races an occurrence that is unheard of at an Olympic level of skating. How important are the Olympics? Will Dan Jensen get another chance like the one to which he devoted the last half decade? Probably not. How important are the Olympics? While the current system of judges may be the most fair way to determine a winner in the ice-skating events, doesn't it seem a little arbitrary? What about an athlete's reputation or expectations held by the nine judges prior to the performance? Do these expectations affect the judges' perceptions of the quality of the athlete's performance? Because of this flaw alone, can this be considered unconditionally fair? I doubt it. How do we really know what was going through a judge's mind when she awarded a higher or lower point score than the rest? How will the whim of that judge affect those elite athletes separated by a mere fraction of a point because of that judge's whim? I would even say that the gold is often won on a whim and a prayer. How fair is it that you have to ski your downhill run toward the end of the day when there .. ... Off The Court is more ice exposed than when the fortunate earlier skiers completed their runs? In the Alpine skiing events where the athletes are separated by hundredths of a second, every flake of snow matters. Is it fair that your best jump was thrown off because of a sudden gust of that heavy Calgary crosswind as you were jumping 90 meters? The wind was calm when your competitors had their turns. Talk about frustrating. When a team spends years together working on its time and on the eve of the competition a professional football player steps in and plans to compete at the expense of one of his hard-working compatriots, how are these men to react? One of the biggest events in the lives of the U.S. bobsledders is disturbed by this last minute change in personnel. What about that intangible quality of teamwork that can't be replaced? Isn't that worth anything? Who decides the meaning of the word "professional" and are these the best criteria? Nine judges, hundredths of seconds, the chili-dog eaten before competing, the noisy hotel where you couldn't get to sleep the night before, the crowd, or just a bad day. It just goes to show you that these Olympic games are not necessarily the last word on who's best in the world. There are too many factors that when added up can play too big a role in the outcome. In the end, precious metals are awarded to some of the excellent athletes. The selection process is largely arbitrary and for this reason many well-deserving athletes go home empty-handed. The medals do not measure personal value. I hope the athletes can all take this competition in stride. It certainly is fun entertainment. A great pleasure to watch the human body pushed to its limit and perform in beautiful ways. It's a lot of fun. That's all, nothing else. Just a lot of fun. Now that it's over, itall makes more sense. by Andrew Culbertson Greed Took ThePlace ofAmerica's Favorite Pastime Well, it's that time of year again. March has arrived, the ground is beginning to thaw, and baseball is just around the corner. Baseball. Indeed, there is something magical about the term. While hot dogs, apple pie, and Disney World have become tiresome cliches for "things" American, baseball has consistently maintained itself as something that is truly American. Unfortunately, this may be truer than we might like to believe. Poor Abner Doubleday. He merely set out to invent an innocent game. Little did he know that this "innocent game" would someday come to reflect one of America's most notorious qualities: greed, pure and simple. In the early days of the game, baseball truly was "America's pastime." This isn't to suggest, ballplayers however, that weren't economically motivated. Like any other worker, the typical baseball player has always believed that he should be well paid for his services. 10 Take Babe Ruth, who received a then-unprecedented salary of $80,000 in 1930. When he was informed by a reporter that he was making more money than President Hoover he merely replied, "I should be, I had a better year than hedid." standards, By today's $80,000 in 1930 was a lot of money. At the same time, Ruth was also the greatest player of his day, and was capable of commanding this type of salary. Oddly enough, his salary didn't act as a catalyst in increasing the salaries of other players. To prove my point, at the peak of his career, Willie Mays (arguably the greatest player of his day) never made more than $100,000 for a single season. In a period of 35 years, the game's best player had received a modest raise of $20,000. However, the scale on which ballplayers were paid would shift dramatically in the next 20 years. Today, the average major leaguer makes approximately $450,000 per season, while the superstars make upwards of The Opinion March 16. 1988 s2.s million a year. Roughly calculated, this works out to about $3,000 per at bat, or $14,000 per game. To put that in perspective, Jim Rice made twice as much money as I did last summer. For one at bat. Receiving a large salary doesn't necessarily make one greedy. However, it would be sheernaivete to suggest that altruism on the part of team owners is what is responsible for this astronomical increase in players' salaries. A number of factors, notably the advent of free agency, have led to what can only be described as blatant avarice. The stories of greed are endless. Bob Homer, dissatisfied with his team's offer prior to the 1987 season, opted to play in Japan. What did the braves offer him? A mere $900,000. Don Mattingly, unhappy with the Yankee's contract offer prior to last season, took them to arbitration. He wanted $1.9 million, and they had the nerve to offer him a measly $1.5 million. He ended up getting the $1.9 million. A classic example is Andre Dawson, a player whose career was in serious question only a year ago. Faced with the realities of age and injury, he willingly agreed to play for no more than $500,000, a large pay cut for him. In what may have been the greatest comeback season of all time, Dawson slugged 49 home runs and won the National League MVP Award. Rejuvenated at the plate, Dawson sought rejuvenation in his wallet as well, asking for what amounted to a $2 million raise. What's most disturbing about this unbelievable increase in players' salaries is that it is seemingly self-perpetuating. For example, when a player receives an unprecedented salary, players of equal ability demand to be paid the same amount. To this extent, it'salso an ego problem. Players have the attitude that if so-and-so hits 30 home runs and I hit 30 home runs, why is he making more money than I am? When con- tract time rolls around, they are quick to point this out. As greedy as some players are, the owners are just as guilty. After all, they're the ones agreeing to pay these exorbitant salaries. Owners want their teams to win. To this extent, they are willing to pay literally any price to get the best players. As long as owners keep signing players for unprecedented sums, salaries will continue to rise. At this point you're probably saying to yourself, "So what? I really don't care how much money these guys make." Remember that the next time you go to the ballpark and pay $5 for a warm beer and $4 for a cold hot dog, or the next time you pay $10 to sit in the "nosebleed" section. The bottom line is that every time a team increases its payroll, the fans are the ones who foot the bill. Doubleday invented a game that could be played by rich and poor alike. Unfortunately, it is the rich who are playing and the poor who are paying. �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: H ij i nl ij *l il Isn't that what a Bar Review Course is all about? PEEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 willis avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. phone: March 16, 1988 The Opinion 11 �Federal Gov't— A Good Route Into Antitrust Law by Jennifer L. Krieger (The following article is based on a presentation made at the International Law Careers Day Conference hosted by the Chicago-Kent International Law Society and the lIT ChicagoKent School ofLaw in Chicago on October 30, 1987.) Spencer Waller, a former trial attorney with the U.S. Department of Justice's Foreign Commerce Section, Antitrust Division and an attorney with Freeborn & Peters, clearly feels that working for the federal government is a great way to start a career in international antitrust law. He is enthusiastic about both the quality and quantity of opportunities to do so. Mr. Waller believes "one of the greatest aspects about working with the United States government in the field of international trade is that you have more career opportunities because everything is so disorganized." That is, "There is no single department of trade that has jurisdiction over this area. As a result, every governmental cabinet office, every quasi-independent agency has to have some people who are knowledgeable about international law, international trade, and international affairs." Mr. Waller explained that "when there is an issue of international trade before the gov- instance, for whether or not to restrict imports rather than the decision being made by a single government agency, the decision is made by inter-agency task forces which bring together people from the Labor Department, the Commerce Department, the Justice Department, and all the other areas, to caucus and to come up with recommendations." Having joined the Justice Department after completing the traditional one-year judicial clerkship, Mr. Waller feels that he had a tremendous opportunity to work on matters that a young lawyer typically would not get the chance to work on early in a career. For example, as a trial attorney in the Antitrust Division's Foreign Commerce Section, Mr. Waller "put together the views of the Justice Department to present to the Department of Commerce and the International Trade Commission in a case involving textile exports from the People's Republic of China." The issue was whether United States laws involving subsidies and countervailing duties would apply to imports from a non-market economy. Mr. Waller also had the opportunity to "work on investigations, both civil and grand jury, of international cartel activities, international mergers and ernment — Coaches' Liability Is Topic Of Talk Sponsored by ELS by Jeff Markello On Wednesday, March 9, the Entertainment Law Society had its first outside speaker event of the year. After finally getting is Constitution written and elections conducted, the Entertainment Law Society started off its series of events with a bang. Speaking was SUNY Buffalo Law Professor Patrick Rimar. Mr. Rimar teaches "Professional Contract Negotiations" (better known as Sports Law) during the fall semester. He is currently praticing law in Williamsville, concentrating most of his work in the representation of small local corporations. This UB Law alumni explained that he was not going to beable to give an hour talk on the topic of sports law simply because the topic is too wide-reaching. After explaining that sports law is a compilation of all kinds of different areas of law, Mr. Rimar chose one aspect of sports law that he thought might pertain to some of those in attendance "Coaches' Liability." Mr. Rimar who seemed to be somewhat of a sports enthusiast, realized that many of us will have occasion at some point in our lives to coach amateur athletics in one sport or another. Therefore, he felt that we should be aware of some potential liabilities. In order for an athlete to collect for an injury, Mr. Rimar reminded us of the three elements necessary for any personal injury lawsuit: negligence, damages, and money to draw from. He said that even though most amateur coaches aren't being paid to coach their team, there are still duties to his players, typically children, which the coach is responsible to fulfill. He briefly outlined some of these in his talk. .. 12 The coach is responsible for what he directs his player to do. So if the coach tells his player to "go kill that guy out on the field," and his player breaks the guy's leg, then the coach is liable. The coach is also responsible for training his players with proper technique. Therefore, the football coach who teaches his player to tackle by spearing his helmet into the ball-carrier is liable if his player sustains a neck injury as a result of tackling. A wise coach will never send an injured player onto the playing field because an aggravation of the injury would be the coach's fault. By the same token, a coach should make sure that all of his players have passed a physical examination before competing, and stress proper physical training through education. It's not wise for a coach to try to instill toughness in his players by telling them to "run it off" when they complain of being hurt. "running it off" is not going to help a broken wrist. Likewise, a coach should never play his team out of its age or weight class unless he wants to open himself up to greater liability. Also, a coach is not required to give medical help to a player who is hurt unless it looks like a dangerous emergency. In fact, a good rule of thumb is to let the player move herself off the field, and if she is unable to, then call the rescue squad to handle any injury that is so severe. If in the process of trying to help an injured player off the field or in some other way, the injury is aggravated, the coach may be held liable. Legally, a coach is not liable unless his action caused or created the in- The Opinion March 16.1988 . other types of antitrust problems." One project, he noted, involved allegations that Japanese manufacturers had engaged in a 20-year conspiracy to drive American manufacturers out of business. Mr. Waller noted that this case was first filed when he was in seventh grade and by the time he was ready to leave the Justice Department the case was ready to go to the Supreme Court on the limited issue of whether summary judgment was proper. According to Mr. Waller, "The Justice Department takes the position in front of various agencies that antitrust and competition are important factors that must be considered in all governmental decisions." Thus, the Justice Department intervenes before the International Trade Commission whenever there are issues that touch on antitrust or consumerinterest competition. While Mr. Waller believes that the United States government is one of the best clients to have on matters that are both significant and interesting, he admits that finding jobs in the area of international antitrust law within the federal government can be confusing. Primarily this is because each agency has its own application procedures and deadlines. Mr. Waller advises law students searching for jobs as international antitrust attorneys for the federal government to "keep your eyes open and be as creative as possible." He points out that "within the White House there is the Office of the United StatesTrade Representative; within the Justice Department there are civil lawyers who practice international matters; criminal lawyers who work on matters of extradition and treaties involving criminal law; tax lawyers whose focus is international within the government; and environmental lawyers who work on international matters." But don't stop with the Jus1 tice Department. Mr. Waller also highlights the Commerce Department, saying it "has a whole slew of people who administer the anti-dumping and countervailing duty programs as well as set part of the trade policy for the United States." Other agencies which should also be considered are the Federal Communications Commission and the Federal Trade Commission. In conclusion, Mr. Waller stated that "by working for the federal government you'll get your chance to work with some bright people and you'll get your share of frustrations. But I thinkthat you can either spend a fantastic career there or a short stay on the way to practicing in any one of the other areas of international law." International Trade Law Careers by Jennifer L. Krieger (The following article is based on a presentation made at the International Law Careers Day Conference hosted by the Chicago-Kent International Law Society and the lIT ChicagoKent School ofLaw in Chicago on October 30, 1987.) Imagine that you're sitting in your office on a beautiful Monday morning. In walks the president of the major U.S. producer of holiday gift food packages. She sits down and says to you, "I've got a problem: All of my holiday gift packages include pistachio nuts. We put pistachio nuts in canisters, in mixed-nut assortments, and in and on other food items." (Her company is a very big purchaser of raw pistachio nuts, and Iran, you later discover, is the major producer in the world of pistachio nuts and is this client's product source.) Continuing, she describes how she imports these raw pistachio nuts, processes them in her company-owned factories in the U.S., and puts the nuts into the company's gift packages which are then shipped around the world. There's a problem. Earlier in the morning the President announced that all imports from Iran are banned. Your client then says to you, "I have just five questions: "1. Can I bring my raw pistachio nuts into the U.S.? "2. Can I send the raw pistachio nuts to Greece and then import them from Greece? "3. Can I buy raw pistachio nuts from a Greek wholesaler who just happens to get the raw pistachio nuts from Iran? "4. Can I send all the raw pistachio nuts, which are already on a boat on the way to the U.S., to Mexico, process the raw pistachio nuts in Mexico, and then bring the processed pistachio nuts into the United States as products of Mexico? "5. Can I go to Mexico and buy finished food packages anything that contains pistachio nuts? I'll just find a Mexican source and won't bother with whether or not the Mexican source uses Iranian pistachio nuts." According to Lawrence Pilon, a founding member of Hodes & Pilon, whose primary focus of practice is customs and interna- — tional trade regulation, these are the types of questions you get when you are a customs and international trade regulation attorney. "As an international trade regulation attorney, your clients will be businesses. They are importers, exporters, retailers, wholesalers, and manufacturers. Additionally, some are U.S. businesses (companies which we associate as a U.S. industry); others are U.S. subsidiaries of foreign businesses (it is very common for a foreign business to break into the U.S. market by forming a U.S. subsidiary)." Describing the type of legal counseling you will do, Mr. Pilon stated that "you are almost exclusively advising your clients on U.S. civil law. Rarely will you get a question as to what the Chinese or Canadian law is on a particular question. Typically, you will be consulted as to the U.S. law governing a particular international transaction. There might be import restrictions, such as quotas or embargoes, health and safety restrictions,, export restrictions, technology retraints, and strategic and policy considerations." Apparently routine items can have substantial international trade implications. "I would imagine that most people, at first guess, wouldn't think that outboard motors are, in fact, a strategic item," stated Mr. Pilon. "But if you have been reading the papers, you know that outboard motors are, in fact, a very strategic item if they are put onto the back of Iranian boats." Mr. Pilon explained that "all of the law in this area (international trade regulation) is very new, because it is changing all of the time." He also added that as an international trade regulation attorney, "your opponent or the decision maker you are asked to influence is usually the U.S. federal government, i.e., the Customs Service, Commerce Department, Office of the U.S. Trade Representative, International Trade Commission, and International Trade Administration." Litigation opportunities are many in the area of international trade regulation. Often issues are litigated in front of the Court of International Trade which sits in New York. Appeals taken from the Court of Appeals for the Federal Circuit go to the Supreme Court. Additionally, many of the administrative agencies with which an attorney would work have administrative court-like procedures. "The International Trade Commission, for instance, holds hearings that are every bit like traditional court proceedings," stated Mr. Pilon. In terms of where law students should lookforjobsinthe field of international trade regulation, Mr. Pilon stated that although traditionally this type of work is done, for the most part, by boutique firms (firms which have a small number of attorneys, 2-6, practicing in a highly concentrated area), there currently is a trend to include this area of practice within the larger firms. Pilon noted that "the lawyers who practice in this field go to where the problems are." Geographically, this means practicing in New York, Washington, D.C., Chicago, and Los Angeles. Mr. Pilon added that there are also a few attorneys practicing international trade regulation in Miami. Pilon's firm and firms like his are highly computerized. "A lot of my research is computerized. We use Lexis and other computer databases for much of the research that we do. We also depend heavily on computers for statistical and data analysis. It is a very technologicallyoriented practice." In terms of law school preparation, Pilon stated, "A good background in law school is sales, tax, antitrust, and international business transactions. You do not need to specialize in public international law. You do not even need to specialize in private international law, although that, of course, would help." Mr. Pilon concluded by observing that "this is an area where you probably get your best training from your job: either with a firm that specializes in customs and international trade regulation or with one of the government agencies that you will be opposing. Many of the attorneys in this area have, at one time or another, workedfor the government and it is very good training." �LALSA High School Outreach dents from the Buffalo hispanic community were transported to O'Brian Hall for the all-day educational event. Upon arrival the students gathered in the faculty lounge for orientation and breakfast. Soon thereafter, the students were given a financial aid presentation by a member of the university financial aid office and were supplied with literature on college costs and ways of funding their college educations. The students were then separated into small groups of two orthreeand given aprivatetour of the Amherst Campus by members of LALSA. Lunch followed the private tour and then the students went to the Moot Court room where The Honorable Judge Raul Figueroa delivered the keynote address and Dr. John E. Benitez followed with another address to the students. Judge Raul Figueroa delivered his address in English and spoke mainly about his background in order to emphasize thefact thatanyone can achieve great things so long as they have the desire and dedication to do so. Judge Figueroa was born in from page Puerto Rico and came to the U.S. when he was 11 years old. He was the son of migrant farm workers who came from Puerto Rico and settled in Dunkirk, New York. He received his Bachelor of Arts degree from SUNY at Fredonia in 1971 and graduated from SUNY at Buffalo School of Law in 1977. After passing the New York Bar, Judge Figueroa served as an Assistant Attorney General for New York State and later as an Assistant United States Attorney with the U.S. Attorney's Office in Buffalo. He was subsequently appointed as a judge of the Buffalo City Court in 1984 and in 1985 he was elected to the Buffalo City Court. Judge Figueroa noted in his keynote address that hispanics are grossly underrepresented in the legal community. He commented, "There are 18 hispanic judges in the State of New York, 17 in New York City and me. Also, there are only four hispanic attorneys in Erie County." Judge Figueroa concluded his address by encouraging the hispanic students to pursue higher education. Dr. John E. Benitez then addressed the students in Spanish and he talked about the economic and social condition of hispanics in the United States and what they must do in order to become more productive units of society. Dr. John E. Benitez was born and raised in Puerto Rico, graduated with a Bachelor of Science degree in accounting and worked as a bankerfor several years in Puerto Rico. He later studied two years of law at the University of Puerto Rico Law before joining the United States Air Force as an officer. After severalyears in the U.S. Air Force he moved his family to Rochester, New York where he also worked as a banker for a couple of years. Later on, he received a Masters Degree in educational administrationand policy from the University of Rochester and worked for approximately seven years as an administrator for the Rochester City School District. Finally, he attended SUNY at Buffalo in pursuit of a Ph.D. in educational administration and policy and received his doctorate degree in 1985. Currently, Dr. Benitez is an Adjunct Professor at SUNY College in Brockport teaching graduate courses in educa- tional administration and policy. In addition to teaching he also serves as the Assistant Director of Minority Affairs and as the Assistant Director of Foreign Affairs for SUNY College at Brockport. He concluded his address by stating that since many of our hispanic parents lack the benefits of higher education they are in too many instances unable to give proper guidance to their children with respect to the importance of higher education. Dr. Benitez urged us to help close the gap that many hispanic parents are unable to fill by giving proper guidance to the hispanic youth and serving as respectable role models. After the last address the students participated as jurists in a mock trial played out by firstyear hispanic law students. The acting judge was played by Dave Woods, a third-year law student whom we obtained with the help of Professor Ewing, who was also instrumental in the coordination of the mock trial. The trial dealt with an alleged rape and the jury handed down a not guilty verdict after having carefully reviewed the evidence and not being able to substan- THREE REASONS 1 INTENSIVE QUESTION REVIEW: Over eighteen hours of in-class is analysis experienced law school Have a great time in Florida this Spring. an by professors integral part of every SMH and Kaplan-SMH BarReview course at no extra cost. question But please... 3 your buc*"up ITS THBLAWI Have a "Safe Break W! is 2 explained for you—not outlined need to know for bar texts. comprehensive —in you tiate the victim's allegation that she did not consent to the sexual intercourse that took place between her and the accused. After the mock trial everyone moved to the student lounge for informal socializing and food and refreshments. In conclusion, on behalf of LALSA I would like to thank the individuals and following groups who participated and supported our very successful first annual High School Outreach Day: Lillibet Torres, Coordinator for the Hispanic Youth Education Program located at the La Alternativa office in the Buffalo hispanic community; Julio Martinez Jr., Coordinator for the Hispanic Targeted Outreach Program located at the John F. Beecher Boys & Girls Club in the Buffalo hispanic community; Judge Raul Figueroa and all the other city officials and attorneys that took time out from their very busy schedules to participate in our event. Also, All the City School District administrators and teachers who attended the event; Dr. John E. Benitez; the law school administration for helping us fund the event; and all the students who helped organize and execute the daylong program. 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CALL US OR VISIT US FOR A QUOTATION TODAY! jM LrtTfCO ■~"™I1W' 3171 Main Street (Main S. ol Winspear) NY 835-0100 Buffalo, i^4§iJo^iNir l676 Nia FaMs B,vd %:T"J\rg7""r' ©1987 Kaplan RESUME SAMPLES AVAILABLE SeeyourCampusßep,orcall: buffalo COMPETITIVE PRICING rii\iS>© (across from K-Uart) Tonawanda, NY 834-7046 1111111111111111111111111111111111111111111111111l March 16,1988 The Opinion 13 �Presidential Primaries — from that to what he is today in a word, an embarrassment is truly a sad event. By climbing back into this race. Hart has destroyed his political future. Had he sat this one out, he could have had a good shot at 1992, given this nation's woefully short memory. The Future What's ahead? Well, the next few months are of crucial importance to the frontrunners they need to stay frontrunners. This is much more difficult to do than it sounds, yet it shouldn't pose a problem to Bush. Dukakis, however, must stay alert and campaign well. While he will benefit from the fact that he upcoming primaries are in northern states, he can't take them as a given. Jackson has proved too formidable to dismiss this election year, and Gore may pull off a few more surprises momentum does that kind of thing for you. For the Republicans, the race is over. Bush just needstoshow up and mention "Reagan" every couple of lines to avoid what would be the biggest choke in America since the '86 Red Sox. However, trouble looms for him and with him, the Republicans. The independent prosecutor investigating the Iran-Contra af- — — — — . continued from page 4 fair is about to indict former Reagan Administration officials, and ask very public questions. Trials will follow and this issue will again return to the front page in the months to come. This certainly can't help George Bush. The Republicans have recognized that this issue hurts their entire party, and have steered clear from openly attacking Bush. The Democrats won't be so kind. Bush cannot continue to dodge this issue. He won't forever be asked what his role was by a news anchor, attack the anchor personally while not answering the question, and come out a hero. That RatherVush exchange would have sunk the V.P. had it not been for America's annoyance with the national media. Instead, it put the "wimp" factor to rest. This good fortune will not continue. Bush should have pulled a Ferarro: hold a news conference, admit everything and wait for the hell to blow over. But he didn't, and thefront page stories of Col. North and the rest of those ultra-right extremists that will splash across the paper in the months to come will leave this man very much vulnerable. In addition, Bush is plagued with his new image problem, created in large part by chief rival Dole, concerning his lack Immigration . . We are in the in that area trying to put together next year's curriculum and there are a combination of issues revolving around available people .. These are issues not yet settled." process of In trying to determine which clinic to continue, the law school does not look for a faculty candidate who can be assigned to run a specific clinic. Rather, a clinic is developed based on the particular interest and experience of the people who are hired or who are presently on the faculty. As explained by Olsen, "We don't necessarily bring people to do a clinic, we bring in people with interests and abilities that relate to what we want the clinic to do." This view is shared by Dean Filvaroff, who stated that the Gill, who is a senior associate at Saperston & Day, gave sage advice for employers in employment discrimination cases. Tell clients, he informed the room of attorneys, "never" to respond to any government questionnaire about possible employment discrimination withoutfirst consulting you, the attorney. Evidently, these questionnaires, sent out by agencies like the State Division on Human Rights, are "overly broad" and may lead the government to discover other dubious employment practices that the government does not already know about. Also, it is "important to preserve witness testimony" through the use of affidavits if possible, said Gill. Any friendly employee in a discrimination suit may, if fired, later turn out to be yet another enemy off the employer. Page fourteen The Opinion Indeed, Dole himself declared happily in the South, "George Bush has not made on decision in the past seven years." This can't help him, especially when Bush has the largest negativity rating in the campaign, excluding Gary Hart. Also, Bush is going to be hurt by Robertson in two big ways. First, Robertson may have a big voice at the convention. A lot of the Republican contests from this point on are caucuses, in which active, grass-root people play a large role. That type of committed, enthusiastic delegate can only help Robertson push his weight around in New Orleans, which in turn will hurt Bush. Secondly, on Super Tuesday, Robertson let out a bombshell that wasn't picked up by the networks. When asked if he planned to support the party nominee, he said he would. However, after offering that "it's just a question of how enthusiaticlly I will," he then announced that he planned to offer himself as "a write-in from page 1 law school made a conscious choice not to hire someone to run a particular clinic. "What we want to find out from the candidates is who they are, what they can bring to the school, what areas they would work in, how they would teach, what they would see as the purpose of the clinic, and whether that would fit together with our collective concept of what we want in our clinics." He also thinks this approach is, in the long run, "the wisest way to go about it." To limit candidates to do a specific clinic, he added, would have the effect of excluding the best qualified people who are able and willing to meet the expectations and needs of the law school: to make the clinic a meaningful part of the curriculum, and to allow the faculty Employment Gill, who represents employers, seemed to particularly enjoy needling each other. of leadership ability. Particularly damaging was the ad in which Dole showed a man walking across the snow leaving no footprints. The translation: Bush has left no mark as V.P. . Gill also said that "as you get into discovery it's important to educate the client. since there's a moral overtone to employment discrimination." The employer, explained Gill, may get over "his" initial anger at being accused of discrimination, and consider settlement, when "his" attorneys education "him" about the possible costs of litigation. Most of the traditionally controversial labor relations topics were also discussed. Anne Smith Simet, a partner at Hodgson, Russ, Andrews, Woods & Goodyear, spoke about sex discrimination and harassment. She emphasized, however, that so-called sex discrimination actually means gender discrimination since homosexuals, transexuals and effeminate men, for instance, have generally not been afforded protection from discrimination. In this regard, Simet said that Title 7 of the 1964 Civil Rights Act, while being a helpful piece of legisla- March 16,1988 to teach the clinics that they want to teach. Striking a balance between these two competing needs, the Dean explained, would make a fundamental contribution to the Buffalo community while expanding the student's perception of public interest law. As to whether or not the immigration clinic will continue, depends on whether the law school can succeed in its efforts to find some responsible way to finance it, so that both clients and students can have the opportunity to benefit from it. At this point, however, even Dean Filvaroff cannot tell us what the immediate future of the clinic will be: "I can't give an assurance that there will be an immigration clinic next year, but I am also not prepared to say that there won't be one." from page 1 tion, was "not a fairness statute." Sexual harassment, what Simet called "the pornographic part of my talk," is defined by the Equal Employment Opportunity Commission as "unwelcome sexual advances" with a clear emphasis on the "unwelcome" part. So, warned Simet, employers should not even jokingly banter in a sexual way with an employee who does not desire such bantering. Aside from the speakers' talks there were also very short question and answer sessions and coffee breaks. More food was served at lunchtime for those people who wished to stay. The highlight of the luncheon was when President Sample presented the Edwin F. Jaeckle award posthumously to Manly Fleischmann. Mr. Fleischmann was a name partner in the distinguished Buffalo law firm of Jaeckle, Fleischmann & Mugel. (See related story on page 2.) choice for those who want a conservative alternative." If this guy is serious and I suspect anyone who talks about non-existent Cuban missies, unrealistic opportunities for hostage rescues and healing hemorrhoids can say something like this with a straight face he will be destroying any chance Bush has of winning in November. In 1980, John Anderson took away much-needed support from Jimmy Carter; we all know what happened. While a write-in campaign is admittedly a far cry from an independent campaign, it has the same distraction quality. And the candidate who will be distracted is George Bush. The V.P. Sweeps The newest political game in town is speculation of V.P. choices. For Bush, this writer thinks Liz Dole would be a great choice. She's savvy, tough, and served in Reagan's cabinet. Some people feel Kemp will be called upon in order to shore up support from the conservatives. But the Republicans don't need to shore up that support, as they're going to vote Bush anyway. They instead need to appeal to conservative Democrats, and for this reason, I think Mrs. they'll go with Dole Dole, that is. Assuming Dukakis gets the nod, a southerner would be the — — — logical choice for a running mate to balance the ticket and provide for more appeal to the South, whose voters have killed the Dems the last 20 years. A Texan would be the best choice, as it is an important delegate state and has appeal in the south, but there is no viable Texan out there. Sam Nunn would be great, but would never accept such a demotion. That leaves two obvious choices. Jackson and Gore. Jackson would deliver the South (he got 95% of all blacks in the South) but would be a liability elsewhere. Until Super Tuesday, Gore was a longshot. He is now a solid contender for that position, and his continued appeal rests on his performance in the next few northern primaries. This election is starting to heat up, and becoming more interesting by the day. It'll lead to a fractured convention selecting George Bush and Liz Dole or Jack Kemp on one side, and a rancorous, yet relatively united convention nominating Mike Dukakis and Al Gore on the other. It'll be Dukakis by 10 points in percentage November, thanks to Iran-Contragate, Bush's limited campaigning skills, and America's dissatisfaction with Reagan's budget deficits and economic performance. You heard it here first. SUSTA call to protect their interests. Students can contact legislators to indicate their concern and to ask that SUSTA aid to law students be restored. Essentially, the prospects are favorable —"Unless something unforeseen comes up, this should be taken care of." According to Filvaroff, however, "There is too much at stake to take any chances." The affected students are "an especially vulnerable group," and "if we lose the $325,000, there is no way that money can be found inside this university" to cover the future tuition expenses of these approximately 200 students. Filvaroff would also point out that it is not just current students who will be affected. "SUSTA has been the key component of thefinancialaid package available to the neediest students attending the only public law school in the SUNY For needy persons system who hope to become tomorrow's law students, [the termination of SUSTA] makes that hope less real." The Student Bar Association is conducting the letter-writing campaign. While form letters .. Sea Grant property rights, and whether or not the public has the right to utilize private beach areas. This year students in the program assisted in publishing in a MatthewBender publication regarding environmental regulation. In 1976, the Sea Grant Law Journal was created. Kevin Brown noted that some of the best research available can be found in these law journals. Initially, there was numerous funding available for the law journal. This type of publication paved the way for monographs. These monographs involve issues regarding what rights shore owners have in protect- from page 1 will be available, students are encouraged to hand-write a short letter to each of the most involved legislators (whose name and addresses are indicated in thebox on page 1). Students are also encouraged to call the offices of Western New York delegation to voice opposition to the proposed cuts. Student action was successful five years ago when SUSTA was previously slated to be eliminated, and Dean Filvaroff's final impression from his visit to Albany was that "the very best strategy is to do precisely what we're doing." However, action must be taken immediately as thisissue will be resolved in the legislature within the next few weeks. A general student meeting has been scheduled for today, Wednesday, at noon in room 106. First-year professors have been asked to accommodate students who wish to attend by ending their 11:00 classes 15 minutes early. The entire law school will be affected by this budget cut. All students are strongly urged to attend the general meeting and to participate in the letter-writing campaign. from page 1 ing their property from erosion, among other diverse issues. Students interested in environmental law and property issues are encouraged to apply to the program. Students would be assigned individual projects, and as stated by Kevin Brown, "We try to work with the student's area of interest." Whether there will be any positions available this summer will depend on the proposal's approval. Mr. Brown is hopeful that positions will become available. Sea Grant Program is an interesting and challenging program which enhances a student's research and writing skills. Interviews are usually conducted in April. �In response to Phi Kappa Theta's "Drink Until She's Cute" Party, UB LAW WOMEN present "DRINK UNTIL HE'S NOT A SEXIST PIG" Party. Since this requires an infinite amount of alcohol, this party will happen at CPG's Friday, March 18 at 8:00 p.m. Scalpers concern (i.e. summer jobs, government jobs). The job would consist mainly of instructing a student where relevant material is located, relevant dates for applications and other administrative tasks. This would provide more time for the permanent staff to work on more pressing concerns and it would give students an additional job search resource. It would be a big improvement over the current practice of sending out flyers with barely readable writing. These new student workers could also be utilized to call prospective employers whose job listing appears on the job boards. The call would serve several purposes: first, we could find out if the job has been filled to insure students aren't applying to jobs that had been filled weeks previously; the caller can ask why the position hasn't been filled or if filled from page 10 selling him the tickets for a cheap price instead of just letting them go to waste on the executive's dresser that night. So who benefits from the practice of scalping? From the start of theticket chain, first, the Sabres benefit by the initial sale of the seats to the local company. The company benefits by increasing the corporate morale of its executives by offering them fringe benefits like hockey tickets. The executive benefits because he'd rather not have to fight the traffic or thecrowd and sit through a boring game with his nagging wife who hates hockey. Even if this guy were a serious Sabres fan, it makes more sense to him to see the game on channel 49 where he can also listen to the play-by-play and seethe scoring on the slowmotion replay (not to mention the fact that he wouldn't have other fans blocking his view of the fights or spilling beer on his jacket). To this executive, it only makes sense to sell these tickets, that have no personal value to him, to the scalper for whatever money the scalper is willing to pay. The fourth party to benefit on this ticket chain, therefore, is the scalper himself, who, after ELS buying a couple of tickets at a very cheap price, can now turn around and sell them at profit. Now what about the die-hard Sabres fan who'll do anything to see a home game in the Aud, but couldn't get a ticket because the game was sold out, or couldn't get to a ticket office during the week, or had some friends unexpectedly come into town to see the game with him? He benefits too, by being able to purchase from the scalper those seats which would have been empty anyways. By utilizing the tickets that would have otherwise been noshows, he gets to enjoy the game from a perspective that would have never been available to him without the help of the scalpers. Because of these extra fans (typically active rooting fans) getting in to see the game, the Sabres will have more support from the crowd. Crowd involvement naturally leads towards increasing the chances of a Sabres victory. Finally, if the Sabres win more games, it builds their confidence and gains them more national exposure across the league. This can only result in advancing the economy of our city of Buffalo, New York. Who can argue with that? So get off the scalpers' backs. They're doing this city a public from page 12 jury, but since many juries won't pay enough attention to this legal standard, it's best to be on the safe side. It's good to know that there is insurance available to coaches in case of one of these unfortunate scenarios. The remainderof Mr. Rimar's time was spent fielding questions from the audience. Topics of inquiries ranged from criminal prosecution in the NHL to spectator injuries to drug testing to coursework that might be helpful to one pursuing a career in the realm of entertainment law. Mr. Rimar seemed to feel that contract and tax related courses would be among the most desirable for those interested. Unfortunately, Position Paper Mr. Rimar conveyed to those in atten- dance that the City of Buffalo is not exactly what one might . refer to as a haven for entertainment lawyers, and that most attorneys in this field work out of the larger metropolitan centers the in country Buffalo doesn't quite cut it. To make things even a little grayer, he seemed to feel that the entertainment world is already quite oversaturated with laywers, which makes it very challenging to get your foot in the door. .. To learn more about Sports Law (alias: Professional Contract Negotiations), be sure not to miss Professor Rimar's course offering in the fall. At the Entertainment Law Society's event, he was well-received and thought of as a very personable man. His course promises to be an interesting and eye-opening experience in looking at some of the hottest issues in the field sports law. service that would otherwise be unavailable. Let's face it, they go as the market goes. If it's a small crowd, or if the opening faceoff puck has already been dropped, the scalper is going to have to sell the tickets for whatever he can get for them which is oftentimes much less than the face price. Yet technically, even this is illegal. This law, if enforced, would actually hurt each of those Buffalo-area citizens in our previously discussed ticket chain. I don't mean to criticize, but rather applaud, the Buffalo police force because they typically approach this situation with the proper "hands-off" or "laissez faire" attitude unless the ticket prices seem to be getting way out of hand. After all, the Buffalo police have a great deal of other, much more important, matters to concern themselves with on hockey nights. As an active spectator, I for one am glad to see them put a greater priority on the drug and alcohol abuse, crowd violence control, and pre- and post-game traffic. I feel that the law that prohibits selling tickets at greater than their face value ought to be maintained as a deterrence factor and as a means of legitimizing police action if the scalping outside the Buffalo Memorial Auditorium were to ever get way out of hand (i.e., organized crime buying large amounts of tickets cheap and selling for only very high prices). But the law that prohibits the resale of tickets at face value or less is absurd and does our public a disservice. If enforced, the only result would be a greater number of empty seats at the games. Who benefits then? Nobody. Please be reminded of those two words that separate our great nationfrom that other one over in Asia. Capitalism and Communism. Our free market economy vs. the communist economy which is void of any market at all. Today's scalpers are just playing the role of a middleman in a classic free market economy. That's not so bad, is it? So next time you °cc a scalper on your way into the Memorial Auditorium, thank him for playing his role in the system. from page 7 how the new clerk is working out. This would improve our relations with practicing attorneys and show current students that the school does care about them. The CDO should also institute a point system to be used when applying for jobs. Each student would be given a set number of points per semester (or year). For each job which a student submits a resume for, points would be deducted. (Higher points for "big" firms, lower points for public interest jobs.) This would discourage students from applying en masse to all jobs listed regardless of their interest. These interviews can then go to other qualified students who have a genuine interest in those firms. This method is currently employed by Cornell CDO. HYGIENE Sanitary napkin dispensers should be installed in the female lavatories. Further, an adequate supply of toilet paper should be made available in the female lavatories. w I —" t£~-J te( m 415 Seventh Avenue, Suite 62 (212)59*3696 (201) 623 3363 Commentary from page 4 Yet, change comes slowly. If adoption of a new selection process is the first step in the evolution of Law Review membership policy, then that's a positive, although small, step forward. In such a case, I want to stress that grades should not beabandoned in selecting Law Reviewers. A major misconception among Law Reviewers who objected to my original article (with one exception, the only group of people to express disagreement with my article) was my view of grades as irrelevant and worthless. Not so. Grades generate few false positives, but far more false negatives. Stated another way, students who get lots of H's are likely to do well when measured on other scales, and forthe most part, deserve those high grades. There aren't many occasions when students who do well don't deserve to a false positive. from page 9 tion their inalienable right to self-determination. He noted that the framers of the constitution had fidelity for the concept of inalienable rights, but in response to our question, he also indicated in a circuitous manner that he did not share their definition of "inalienable." (A response which Professor Moore of the first panel would have hailed as a change of exemplars.) These stimulating panels were followed with a banquet in the ballroom of the OmniCharlottesville Hotel, where the Honorable Robert H. Bork was the featured speaker. "There have been less friendly gathering," noted Judge Bork before he began a discussion on the senate confirmation hearings. He noted the presence of television cameras, saying, "That means tomorrow this will be reported as an angry speech. During the hearings, when Senator Kennedy said, 'Judge Bork, you are a well-known confirmed rapist,' he was not reported as angry. But when I said, 'Senator, that's not true,' it was reported as an angry retort." /"-VM UW H Right View — However, one can't say the same about a false negative, or when someome does not do very well on an exam but has studied and knows the material. False negatives are far more common than false positives. Therefore, to award membership on the basis of good grades is reasonable. However, to deny membership or penalize the student on the basis of lesser grades is not reasonable for the reasons outlined above. The grades lose validity as they decline. While many students particularly Law Reviewers will probably object to dropping the —— casenote-and-grades analysis, considering papers alone for those with lesser grades is the only reasonable way to compensate for the false negative problem.- It's our school; all cf us belong to it. The majority should not be denied access to activities based on the arbitrary limits imposed upon them by the minority. One last comment. Mr. Banks attempted to justify the status quo in his response, yet failed to address specific concerns. He did not appear to understand that the current page/ length requirements detract from a student's ability to write a quality casenote. When a student is limited by those requirements as to his or her ability to express a thought or idea, that idea obviously is not going to be developed as extensively as it would otherwise be. Even the Law Review members themselvs have admitted to me that it is difficult to write a truly outstanding casenote because of this precisely what those students with average grades must do. And because it is difficult to distinguish oneself from the other competitors, grades then become the primary basis upon which all students are judged. Mr. Banks claims that without these limits, students may try to "gain an advantage by simply submitting more, meaningless pages." However, ifthey're meaningless, where is that advantage? By lessening the space restrictions, students will be forced to make intelligent decisions about what to include, as opposed to desperate decisions about what to edit. There is still time to change the present system before this — year's casenote competition. Mr. Banks and the other editors should consider perpetuating this present system, simply because it has always been done this way. Tradition is a particularly inadequate justification for any system. There should be a better reason than that. Last issue's editorial asked the proper question: is this the best system possible? Mr. Banks feels this is one of the best systems in the country. Those who disagree should let the editors on the sixth floor know what they think. March 16,1988 The Opinion 15 �J % t I BRR/BRI 1988 BOOKS RR€ IN! BOOK DISTRIBUTION B€GINS ON: THURS., th MRRCH 24 I I II 16 YOU MUST BRIMQ YOUR BOOK DISTRIBUTIOri CARD ADD ATIY OLD BOOKS ID YOUR POSSESSIOM TO RECEIVE HEW BOOKS. The Opinion March 16, 1988 J � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-03-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/16/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f3994acbf78a931f34551a7fdf1f4b50.pdf 8f383cb7f1699f6cf66da53034849759 PDF Text Text Othoef PINION FINGER THE Marijuana Use in Law Library Confined to Spill-Proof Bongs by S.A. Cole Law Library officials have recently announced that cannabis use in the law library is to be restricted to Spill-Proof Bongs, effective immediately. "You have no idea the damage bong water can inflict upon a law review or material in the loose-leaf collection," said one staffmember. "Once the resin dries on the page, you can kiss that book good-bye." The new policy is hardly surprising, coming as it does in the wake of the law library's contraversial spoon-and-needle ban. "First we had people cooking up in here. Well, the new heroin policy took care of that, but thenwe hadall these seeds and roaches scattered all over the place. It was more than we could stand," said someone at the Reference desk. Concerned students are collecting signatures to prevent the library from further restrictions. "I don't know what I could do if I couldn't snort coke in thelibrary, " said one anonymous IL. "Now that they've taken my smack away from me, that and crystal meth are the only things I can count on." But library officials are quick to assure students that amphetimines will not be barred from the library any time in the near future. "Students on speed always bring their books back on time," stated another staff member. "As long as you don't overdose with a book out on reserve, the library has no problems with uppers." Spill-proof bongs will be available in the law school bookstore by next week. Compulsively erudite pot-heads can go to the bookstore on Tuesdays and Sudays, any time between 4 and 4:15 PM, to pick out a spill-proof bong of their choice. Bear in mind that the law school bookstore is only accepting rare Spanish dabloons as legitimate currency at the present time. Deans Discovered to be Animatronic CDO Announces Spring Fashion Line Robots from Disney Land S.A. ColeHeads were turning at this year's runway for the Career by Russ Klein UB Law School was thrown into chaos this week when it was revealed that the male deans are really animatronic robots from Development Office's Spring Fashion Show. The show, featuring designs and tailoring done by the notorious design house "The Sixth Level" right here at UB Law, was a fiesta of colors and cutDisney World's "Hall of Presidents." ting-edge legal fashion. "The robots were stolen some years ago, and although we Skirts were short and colors were conservative as UB thought that some of the law school faculty at UB had a strong Law's leggy models made their way down the catwalk. Strutting resemblance, we could never put the two together" said Michael their stuff to the theme music from "Jaws," our future lawyers Eisner, chairman of Disney. "But then we were doing a tour of the made quite a sight in their dark blue, black, and dark grey suits school, and we heard a strange noise coming from the office of without pin stripes. someone claiming to be Dean Olsen." The show was narrated by staff from CDO. "Notice," Preliminary reports indicate that "Dean Olsen" was resaid one narrator, "the lack of any individual or personal touches peatedly banging his fist on the table and shouting "I am not a in this next stunning outfit, a part of the 'Bland Your Way To The crook" over and over. It was revealed that Dean Olsen was from Stars' fashion line. Pay particular note to the shoes, which are just the display called "Young Richard Nixon." like everybody else's here today." Initial suspicions were aroused when "Dean Boyer" was For the final part of the show, audience members were mumbling something about his "assassination" and his bitterness given tips on how to look like the models on the runway. "Spend with dying in a "God awful city like Buffalo." Suspicions were a lot of money," suggested the MC for the evening. "Spend a lot confirmed when the unit shorted out and the secretary found a tag of money, read a lot of fashion magazines, and don't look like a inside the shirt revealing the robot to be William McKinley. freak. It's the only way you'll ever have any value in this world." The robots will be returned to their proper owners. The show ended with a standing O' for the CDO. SPECIAL APRIL FOOLS 1998 WRAPSHEET...REMOVE WITH CARE �Moot Court to Send Team to This Year's Kubitan by S.A. Cole Competition UB Law's very own Moot Court Board will be sending a four-person team to Osaka, Japan, for this year's fight-to-the-death Kubitan Competition. The Kubitan, a centuries-old, no-holdsbarred bloodbath, is a challenging new step for the all-3L team. "Each of us has very different strengths—strengths that we intend to triumph with during the competition," said 3L Titan Maximar. "I personally have developed my very own patented special move-the rhetorical cut and thrust. It should be quite deadly." In the Kubitan, martial artists of all disciplines flock to Japan to fight for honor, and to kill people. Some readers may recall a fictionalized account of the event in Jean-Claude Van Damme's movie, Bloodsport. "I've been studying Van Damme's moves in the movie," said Jacosta Wiley, another team member. "I've been developing an anticipatory move much like his double-snap kick in the film. Hopfully, what worked in the movie will work in real life." For this sport is all too real. UB Law's team, realizing the gravity of the event, has been in hard-core training since the beginning of the year. "I haven't eaten anything but raw eggs since last September," said Colin Bishershawn. "I'm going to Osaka ready to kill." The team leaves for Osaka in just two weeks, equipped with hari-kari knives just in case the don't win. Make sure you wish our 3L's luck as they board the plane. Student Masturbator Speaks Out! Secretly meeting with a reporter in the basement of O'Brian, the notorious undergraduate who has come to be know as the "Law Library Masturbator" gave this interview to the Opinion. He has requested that we respect his anonymity, but consented to the interview because he is convinced as to the importance of his message. Presented here, for your review, is his full interview. OPINION: So.you're the law library masturbator, huh? LLM: Yep. OPNION: And, uh, why did you masturbate in the law library? LLM: Well, I'm nineteen...l pretty much masturbate constantly. I mean, I hope nobody at the law library took the masturbation personally, because, like, I masturbate everywhere. Like, in my car, in class, on dates, at restaurants, in the chemistry lab, at meetings with my therapist...you could say it was my lifestyle. OPINION: In other words, masturbating is the way you prefer to live your life? It's a fundamental part of your identity? LLM: I guess so. I mean, I didn't choose to be this way, and some people suggest that I'd should behave like other nineteen-yearolds and just have sex all the time. But that just isn't my thing. So I masturbate a lot. But, you know, it opens you up to a lot of persecution. OPINION: I'm sure it does. LLM: People just don't accept me for what I am. OPINION: Uh-huh. LLM: So, in conclusion, I just want to say this to the students of UB Law: when you think about the 14th Amendment, think about the law library masturbator. Ya know, I'm a citizen, too. Entertainment Law Society Hosts Symposium on Adult Entertainment by S.A. Cole Last week, the ÜB's Entertainment Law Society hosted "Unlawful Entry," a symposium on Adult Entertainment. With guest speakers such as Larry Flynt (Hustler), Hugh Hefner (playboy), Christie Canyon (producer/director/actress), Tracie Lords (exporn star), and Andrea Dworkin (angry feminist), the event was a huge, quivering, salacious success. The first speaker, Larry Flynt, began his speech "How to be a Total Scumbag and Look Like a Hero," to an attentive but quiet crowd. Things soon picked up however, as Flynt backed his wheelchair across the stage and announced the surprise arrival of "My personal nemisis and yours....Jer-ry Falwelllll!!!" The audience soon got more than they bargained for as Flynt and Falwell squared off to finally make their mutual distaste for each other physical. Just before Falwell was about the choke Flynt to death, muttering, "If God wanted there to be a First Amendment, he wouldn't have given me hands to choke you!," Hugh Hefner stolled out on the stage, handed each a cigar, and delivered his talk "If You Just Read the Articles, I'd Be Out Of Business." The final event was a women's roundtable discussion with Christie Canyon, Tracie Lords, and Andrea Dworkin. While Canyon sang the praises of women's empowerment through adult entertainment, and Lords told the audience why she no longer participates in the industry, Dworkin fought hard to convince the audience that porn should be eradicated. "Why does this country spend billions of dollars a year on this industry?" Dworkin cried. "I spend all my time trying to legislate this stuff out of our lives, and yet the money pours in. Why do americans spend so much on this filth?" One enterprising 2L yelled back, "It's because of all the legal fees." That ended the roundtable discussion. Second Working Computer Discovered by Russ Klein Students working in the 4th floor computer lab have discovered that a second computer actually works properly when turned on. While trying to finish her appellate brief, an anonymous 1L made the startling discovery. "I went into the computer lab, but it was remarkably empty — but then I realized that the one person doing work there was using the only working computer." Lab administration was stunned. "We hadn't planned to have a second operational computer until November 1998 this puts us way ahead of our schedule, and we expect to have a lab full of modern functional intel 386 computers with Windows 3.1 now available by March, 2009." Meanwhile the lab was making prepatory plans to supplement the two working computers with 2 Commodore 64s and one Coleco Adam. "We feel that with the addition ofthose three computers, our law students will be well prepared to compete in the outside world." Student reaction was remarkably positive: One 3L commented that "this is great! This place is quieter than the library! Whenever I go to the library, I hear tons of typing from all those web servers. But here? You never have to worry about a lot of keyboard noise." — SPECIAL APRIL FOOLS WRAPS lIEET... NOT TO BE TAKEN SERIOUSLY �Lonely Editors Up For Grabs—Find Love Through the Opinion Don't 1 Voo. I T vast I \_o\/e I THEM7 '?S With Spring rapidly flowing through the veins of every UB Law student, thoughts of tax and torts are no doubt turning to thought of lust and love. But who has time to throw aside their textbooks and search the streets for the special someone? Well, fear no more, stalwart and sexy law students. The Opinion staff is here to save the day. For the price of one article and a gratuity, you can find love with the Opinion editor of your choice. Auction Item Number One—Editor-in-Chief SA. Cole For those of you into candles, flowers, walks on the beach, and stuffed animals, this Opinion Editor is the cure for all your weenie romantic ways. Price: Two articles (Editors-In-Chief don't come cheap). Good points: Lifts weights, can sew her own clothes, has extensive comic book collection. Bad points: Covered in questionable tattoos, probably won't like you, you might get attacked by her boyfriend on your first date. Auction Item Number Two-Op/Ed Editor Russ Klein If you like punk rock, tropical fish, or making fun of anyone who votes, then you're in for a heck of aride with fierce and feisty Op/Ed Editor Russell Klein. Price: One really controversial piece that will generate mass amounts of hate mail for weeks on end (sorry, Adam Perri, Russ is het, so you don't qualify). Good points: Knows obscure stuffabout obscure bands, is vegetarian, has karate black belt. Bad points: Probably looks down on you for not listening to Crass or the SubHumans, is an Anarchist who obeys traffic laws, wears a @##$%% "Suicidal" hat all day, every day. Auction Item Number Three-Graphics Editor and Photographer Ken Grant (Not available) He doodles a mean modernist cartoon, he has a camera and he knows how to use it. He's also married. Sorry, ladies, but you'll have to forego this tasty morsel of Opinion editorship. Price: Whatever the going rate for cloning is these days. Auction Item Number Four—News Editor Sol Sandberg Touch, aggressive, a relentless crusader in search ofthe facts—these are just a few of the traits that characterize our speedy and spunky News Editor, Sol Sandberg. Price: One quote, on the record, about how much you hated one of your professors. Good points: Can cut you a great deal with Pieper Bar Review. Bad points: Hates commas, semi-colons, or anything else that gets in the way of creating a run-on sentence. Auction Item Number Five-Business Manager Dan Baich The member of the Opinion team, Dan likes kegs, cigarettes, baseball, and as much sex as his tongue can cope with. A sensitive lad, Dan is also a certified practitioner of Shiatsu massage. A man for all seasons, Dan's price is: One article and a pack of Marbs. Good points: as a IL, Dan has longevity, a job, and a phat Armani suit. Bad points: He's a heart-breaker and a love-taker, not to mention a smoker, a toker, and a midnight joker. newest Auction Item Number Six-Managing Editor Cindy and Advertising Executive Joe Huang Not for sale at any price. These two are the only members of the Opinion Editorial Board with any pride whatsoever. SPECIAL APRIL FOOLS 1998 WRAPSHEKT...RKAI) AT YOUR OWN RISK �Happy tyfll^ _ April Fool's! WHOW/LL RULf "THE EARTH? SPECIAL APRIL FOOLS 1!)!)8 WRAPSHEET...REAL ISSUE WITHIN \ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Finger, 1988-03-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Finger Vol. No. Date Issued Date of formal issuance (e.g., publication) of the resource. 3/23/1988 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b64e82d59151773d2ad2a3b09b674a16.pdf e8769a4a0e6d022dd26c4be2a1586861 PDF Text Text SBA ELECTIONS Presidential Candidates organization could do. I saw us as the conduit through which the students could voice their opinions and needs to the administration. I saw us as the champion of the students, the voice of the underdog. OK, as I said earlier, I may have been a little naive, but it seems SBA was/is none of that but is, rather, a bureaucratic blob that seems to spin its wheels in a sea of its own mud. Instead of being a conduit for student concerns, and an organization that seeks the furtherance of student development both in the classroom and out, it has an overly expansive role in how we, through the various clubs, use our money to sponsor and initiate creative programs. How many times has a club had a really amazing, bang-up idea only to find out it will take six weeks to get the needed funds or, worse yet, that SBA won't fund it because it's too political (read "too hot")? Additionally, while I acknowledge the need to maintain a rather tight budget (we only continued on page 5 Bill Bee Hello again!! My name is Bill Bee and I'd like to be your next SBA president. When we last spoke (if you consider this rather one-way form of communication speaking) I was a bright-eyed, well intentioned, if not somewhat naive, student running for an SBA directorship. Thankyou for your support. Actually, on second thought, maybe I should take that back. Of course I am thankful that many of you had thefaith in me to elect me, but... When I started in this SBA business I had a lot of ideas about both what I could do as a Director and what SBA as the gins this summer and that's why I'm staying here. It also requires student involvement. This is not a solo position. Kimi King The word for SBA this year is controversy. From Bork, to the Faculty Statement on Harassment, to the Student Position Paper, theSBA has hardly been the forum forthe hum-drum. As a footnote, SBA is being sued in Small Claims Court. partly because we oppose SUSTA cuts. Can't say we don't get involved with issues affecting students! My own position is that debate from all perspectives is healthy! Face it, all of us are here to advocatefor principles and person we believe in.Butwecan be far more active than we have been, and in order to do that we need to organize internally and externally. It be- . 50... 1) There are going to be some procedural changes around here due to the audit. We are mostly affected by the manner in which we run our parties, ticket sales etc. You'll probably be seeing Sub-Board One personnel taking tickets at the door. You should be aware we'll be paying for this service. But we made the decision on the Executive Board this year to work out difficulties with SubBoard, and not against them. I think it was the right choice, and they have helped us streamline the process so we cut costs. We need to continue cooperating while providing alternatives to them that serve both our in- Kelley Omel Last fall when I ran for second-year class director I wasn't terests. sure what I was getting myself into. My "platform" was simple. I said that as your representative, I would be receptive to your suggestions and would attempt to take action where it was feasible. Seven months later, my "platform" as a candidate for President of SBA remains much the 2) That same spirit of cooperation applies to the Position Paper. To Lisa Sizeland and all who authored the document, thanks are not enough. Ourfirst priority as students, faculty and staff, is to follow-up on what continued on page 5 Through the year I have continually demonstratedmy commitment to this simple platform. Several studentsexpressed a desire to have a more formalized advisement program continued on page 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 20, 1988 same. O THE PINION Volume 29 No. 1 Spanogle Chosen To Head Commission on Trade Law last three years and will assist those entities in the United States which draft contracts and utilize EFT's. At present, the by Daniel Ibarrondo Professor John A. Spanogle, who has been a member of the SUNYAB Law School faculty since 1974, has been chosen to be theChiefof the United States Delegation to the Working Group on Electronics Fund Transfers (EFT) of the United Nations Commission on International Trade Law (UNCITRAL). In this capacity, Professor Spanogle will be the chief negotiator for the United States in a series of negotiations to be had in order to develop model rules on electronic fund transfers. The project is expected to United States is in the process of drafting proposed legislation in this area. Developing model international drafts and promissory notes has been an interest and source of joy to Professor Spanogle. He has just completed, this past August 1987, a five year assignment with UNCITRAL's Working Group on International Negotiable Instruments. The proposal from this group, in which Spanogle was also the Chief United States delegate, is pending adoption by the United Nations General Assembly. If adopted, a uniform world-wide law for international negotiable instruments would be created. To date, the UNCITRAL working group's proposal for a uniform treatment of international sales transactions has been ratified by the United States and 15 other nations. On January 1, 1988 it became effective as U.S. law. The law school body is honored to have John A. Spanogle on its faculty. It is pleasing to know that Professor Spanogle, who teaches courses in the fields of commercial law, international commercial law and consumer law is changing the face of international business transactions. Tobacco Industry Critic Speaks by Donna Crumlish John A. Spanogle SBA Election Results On Thursday, April 7th, The Opinion held their annual election of Editors for the 1988-1989 school year. The turnout proved to be an encouraging sign. Photography Editor Daniel Ibarrondo, the new Editor-in-Chief, was tearfully The Opiniorii an American Damon Scrota Layout Editor _. i«m , I"° crowned by outgoing Editor-in- Bar Associat jon award winnjng Chief Krista Hughes. newspaper, is proud to have talented individuals on these The remainder of the newly , - elected Editorial Board is com- the Board posed of the following stun addition( we would ike to dents: thank Krista Hughes, Zulma Donna Crumlish Bodon, Melinda Schneider and Managing Editor Idelle Abrams for the legacy leave behind. The new they Maria Rivera Board thanks them for their exBusiness Manager perie cc and c° mmitm nt to Andrew Culbertson exce,,ent and ™ws 0 Features Editor covering of law school activities Alexei Schacht as we || as areas of concern to News Editor aw stu dents. ," , "JP ,«? "" Dr Alan Blum, of the Baylor College of Medicine in Houston, Texas and a leader in the crusade against cigarette advertising spoke to a group of students and faculty in O'Brian hall on April 11,1988. The presentation was sponsored by the Buffalo Public Interest Law Program (BPILP)and Roswell Park Hospital. Dr. Blum is a former editor of the New York State and Australian Medical Journals. In 1977 he founded 'Doctors Ought to Care' (DOC). DOC has been leading a campaign against all forms of cigarette advertising. Tobacco is the number one advertised product in the country; approximately 3 billion dollars a year is spent on promoting tobacco products. One of DOC's concerns is the problems involved in litigating lawsuits against tobacco companies. The chances ofa person whose health has been impaired by use ofa tobacco product winning a lawsuit against a tobacco company are slim. Three hundred and fifty thousand to four hundred thousand people per year die tobacco-related deaths. Since 1980 an estimated eighteen thousand to twenty-five thousand people have died as a result of the AIDS virus. Despite this overwhelming number there has not yet been a single judgement awarded to a plaintiff from a tobacco company. "The defense only has to show a voluntary risk on the part of the user" said Dr. Blum. One of the legal issues being debated is whether or not the cigarette companies had a duty to warn consumers of the dangers of tobacco. There are documents from as early as 1946 indicating that cigarette companies knew the health risks of smoking. It is unlikely that there will be any lower court rulings against cigarette companies until they are sure the higher courts will back them up. As of now that doesn't seem likely. Protection against cigarette com- panics is also unlikely to come from Congress. The reason is that the tobacco companies have poured a lotof money into the campaigns ofCongressmen and Senators. "The number one Senator in the pocket of the tobacco industries is Bob Dole. If he had been elected President there would have been no chance of ever getting a ban on cigarette advertising " said Dr. Blum. Not only does the U.S. Congress have a stake in tobacco companies but so do many major U.S. news publications. (continued on page 12) Inside ... More on SBA Candidates .... Res Ipsa Loquitor Law Revue 5, 7 . .9 .... April 20. 1988 The Opinion 10 1 �Increased Budget Contributes ToMoot Court Success by Dick Young One of the best reasons to be on the Moot Court Board is to be able to participate in interlaw school moot court competitions. These contests, involving law schools from around the country, test the participants' oral advocacy and brief writing abilities. Contestants usually submit briefs on whatever topic or question the competition is about and then argue, in several rounds, against other schools. These rounds are judged and scored by "Justices," who are often real judges, in "The Supreme Court." This year competitors from the Buffalo Moot Court Board excelled in the various competitions in which members were entered. This was due, in large part, to the fact that the Board received "much more support from the faculty and administration" than in past years, according to Julie Freudenheim, the out-going National Competitions Director for the Board. This support came in the forms of faculty coaching and increases in the Board's budget. Taryn Chapman and Susan Gigacz argued with skill and panache and made it to the quarterfinal round of the prestigious National Moot Court Competition. The "case" they argued was about whether cigarette manufacturers should be held liable for the injuries that smokers allegedly get from using their products. Chapman also teamed up with Michael Banks, a nonBoard member, to win theBlack Law Student Association Moot Court Championship. Brian Martin, the out-going Director of the Board, and Susan Schoepperle were finalists in the Polsky Moot Court Championship. Arguing brilliantly, they lost in the finals to an arrogant Emory Law School team led by a man who called himself "Ice." Martin and Schoepperle also won the Second Best Brief award. The annual Poslky competition deals with the field of criminal law. This year's problem dealt with the issue of a prosecutor's use of peremptory challenges to exclude blacks from a jury. As reported in the last issue of The Opinion, Siu Chan and Sue Garvey won their region's National Appellate Advocacy Moot Court Championship. They will go on to the National Championship this summer. The Entertainment/Communications Moot Court Championship, hosted by Cardozo Law School in Manhattan, saw a competitive Buffalo team, composed of Paul Weiss, Sara Faherty and Bret Puscher, win all of their preliminary rounds but inexplicably fail to advance to the final rounds. Two lucky teams got to go to San Diego for the F. Lee Bailey Moot Court Championship and the National Telecommunications Moot Court Championship, respectively. Lauren Breen and Dana Young competed in the Bailey competition which, like the Polsky, is a criminal law competition. This year's topic was centered around the controversial Bail Reform Act of 1984. Sara Horowitz and Alexei Schacht competed in the extremely poorly-administered ChamTelecommunications pionship held by the California Western School of Law. Competitors had to argue in front of the same panel of judges on the same day, thus destroying the moot court principle that oral advocates should be judged by different people on each round. The last moot court competition of the season will see Christine Tsai and Mary Ann Courtney enter the National Products Liability Moot Court Championship beginning next week. Next year's Moot Court Board, which hopes to repeat this year's successes, voted on who the members of next year's Executive Board would be. The winners of those elections are as follows: Tim Greenan, Director; Mary Joe Raczka, Assistant Director; Suzanne Garvey, Secretary; Joe Rizzo, Treasurer; and Rob Boreanez, National Competitions Director. The Moot Court Board would like to thank all those people, faculty, staff, administrators — and students people too numerous to mention individually— for their help in making this year such a successful one for the Board. Conspiracy to Revive the Auction Block by Martin Sanchez-Rojas Prime suspects Jesse Davis had psychological problems, but it did not matter Michael Stewart had a Boy Scout's knife, but it did not matter Eleanor Bumpurs was an elderly Afro-American woman, but it did not matter Michael Griffith was simply walking 'cause his car broke, but it did not matter Jimmy Lee Bruce was just a kid from Wallkill, New York, but it did not matter Kenroy Burke was a Jamaican father of 5, but it did not matter Yvonne Smallwood was a nurse and trade unionist, but it did not matter Shirley Harris-Smith was five months pregnant, but it did not matter Juan Rodriguez was a Dominicano, but it did not matter Julian T. Pierce was Lumbee Native American, but it did not matter Ah, the police and their tools. Do you think GOD is a white man? Could it be that it's a matter of color? So how you livin'? Commentary by Andrew Culbertson Peer Pressure: Much More Than Just A Social Problem I Peer pressure. It's a phenomenon often frowned upon, but one that each of us has faced and probably succumbed to at one time or another. How many times has it happened? You're with a group of friends and they've decided to go out to a bar. For whatever reason, you decide not to go with them. What generally ensues is a two-step process. First, they give you a hard time for not wanting to go. Then, after you've given at least two or three good reasons why you don't want to go, they proceed to do everything in their power to persuade you otherwise. If you're like most of us, you usually end up going. Admittedly, this is a fairly common and relatively harmless scenario. Unfortunately, peer pressure is not always harmless. When peer pressure becomes a factor in regard to more important decisions, such as which courses to take or which organizations to join, it really can be limiting. Specifically, I'm referring to the following pieces of conversation I've recently heard. "Take Corporations. Me and Joe are taking it," or "I don't want to take that class. None of my friends are taking it, so why should I take it?" Or, how about the people who refuse to join an organization because none of their friends are in it? guess no one has told them that it won't kill them to make new friends. This is the type of behavior that I expected (and admittedly practiced) in high school, tolerated in college, and find hard to fathom in law school. Perhaps I'm wrong to assume that if people are ambitious enough to attend law school, that they're also ambitious enough to take the classes they want to take and join the clubs that interest them. One reason why peer pressure seems to be so effective is due to individual insecurity. People are afraid to take chances and do things on their own. To this extent, they easily succumb to peer pressure and end up doing most of the same things that their friends do. At the same time, the people applying the pressure are just as insecure as their victim(s). They're afraid to do something on their own, so they try and convince a friend to do it with them. At a younger age, insecurity may have been an acceptable excuse. However, at this point in a person's life, there's really no excuse for social insecurity, at least when it works to control important decisions. There comes a point in a person's life when they have to start making decisions based on what they want to do, not on what their friends do, or on what their friends want them to do. I should clarify that my purpose in writing this piece is not to condemn the student body. One of the things that has impressed me the most about the students here is their willingness to express their opinions and stand behind the causes they believe in. The point I'm making is that there are a number of students out there who are apparently satisfied hiding behind their security blankets. It would be one thing if this was the type of behavior that ended once an individual entered the real world. Unfortunately, this type of attitude generally feeds on itself and will tend to follow a person throughout his or her life. Commentary by John Bonazzi Jackson Should Withdraw And Save Democratic Party The Democrats are in trouble. In this presidential election year, one in which the chances for victory are truly good for the first time in twelve years, the need for unityand coalescence is paramount. Yet, the party is being beseiged from within, particularly by the reluctance of Jesse Jackson to put the good of the party before his own political goals and ambitions. This must end. Let me start by acknowledging the very real and positive achievements made by Jesse Jackson in this campaign. He has encouraged the politically disfranchised the poor, minorities, street people and others —to become a part of the national political process. He has also pushed the political cause of minorities ahead by leaps and bounds. His cam- — 2 paign has truly been a watershed effort in that regard. Perhaps most importantly, he has through his formidable speaking skill and fiery oratory centered political attention on issues which have been neglected these past eight years: low-income housing, homelessness, anti-poverty campaigns, unemployment, etc. He has singlehandedly brought renewed interest and compassion to issues which have long laid dormant and unresolved. Jesse Jackson has accomplished great things. In doing so, he has brought hope to the hopeless and cheer to the cheerless. But now, it is time for him to step aside. The Democrats are close to returning to the White House, and to accomplish this they will have to do what they foolishly fail to do each election year The Opinion April 20, 1988 — unite as a party behind the most electable candidate. The Republicans are good at this. The national hierachy puts pressure on candidates to drop out quickly once it becomes apparent that they are not going anywhere. This results in one strong candidate, and a united, smiling convention. But this year, the Republicans fell behind a man who needs only to stay alive until August to win the nomination. George Bush is as unelectable as they come, and will have difficulty beating the Dems in the fall. Mike Dukakis is clearly the man to put up against him. He's an intelligent candidate who has a great organization and even greater fund-raising. In addition, he is blessed with presiding over an economythat has been called a miracle (un- employment cut from 12% to 3%, and taxes cut five times in four years). Mike Dukakis may need an excitement boost, but what he doesn't need is a candidate to sap his strength. Unity is crucial. Jackson needs to fall behind Dukakis for one big reason he can't win himself. This may upset minorities andanti-establishment Democrats, and understandably so. But Democrats need to grasp the political reality soon, and the reality is that Jesse Jackson can't win. It's a shame that this is so, but it is so. While it may be appalling that racism can keep a qualified person out of office in 1988,that's thereality. And race is not the only thing. Even more hurtful than his race is Jackson's politics, which many Democrats never — — mind Independents or Conservatives view as radical. His support for Fidel Castro, Yassir Arafat, and others, coupled with his campaign promises to deal with issues which are costly and fiscally unpopular create problems among moderate-liberals. They see him as an inexperienced ultra-liberal. This may only be a misperception, but perception in politics is usually more important than the reality. The fact is that a still-racist, still-conservative America will not vote for Jesse Jackson. The numbers prove it. It has been widely reported that Jackson has received an astonishing 95% of the black vote, and 20% of the white vote. Blacks hail this as a major coup. Not so. It must be remembered that he has been receiving just 20% — continued on page 13 �Bill Bee (continued) have but so much money), if we are going to cut student club budgets, why not do something progressive with the saved money? I propose we, as a student government, have a responsibility to actively assist students through this ardent journey we call law school. Given that responsibility, it seems that SBA should establish a Special Circumstances fund. This would provide immediate aid in the event that someone would have a unique situation that would require them needing some emergency funds. For example, I know last semester at finals there were some students, because of a handicap, who needed a typist and the school would not provide one; there is no relief for them in SBA. It seems that somewhere along the line we forgot SBA means STUDENT Bar Association. SBA must represent and be willing to support all the students. Now before it appears I am simply bashing SBA, let me say this. I'm simply stating the various shortcomings as I see them. I feel SBA as an organization can do a lot for the students. It just needs the right push. We need an SBA that will let the clubs police themselves. We need an SBA that is willing to meet the needs of all the students and if need be, fight for those needs. We need to put some bite in SBA. SBA ELECTIONS I have tried to outline some ideas to show I have a handle on what we need in a student government. However, as they say, talk is not expensive (or something like that). A vote of confidence from you will insure us with an active, concerned SBA president and in turn an SBA that does more than just administrate. I'm Bill Bee and I'd like to be your next SBA president. Kimi King (continued) they have advocated needs to be changed. Just to set the re- cord straight, the Position Paper was not an indictmentof why this school is bad, it was a document to illustrate that with work we can be one of the best £##**£ schools around. Dean Filvaroff has shown a committment to that purpose even in the first few months of the transition. We must continue to support his efforts. If we believed that the problems insurmountable, were we would not have undertaken such a venture. Forthose ofyou who haven'tread thedocument in its entirety, it is on reserve in the Library. We've got problems, but we have a few answers. Take a study break during finals and look it over. You may have an angle that no one has thought of yet. 3) A comprehensive calendar of SBA activities needs to be out by the third week of school so other organizations can begin planning. In my two years on SBA, I've seen so many groups duplicate efforts and compete with each other for people and resources, it's scary. 4) New students have new ideas and energies which revitalize groups. We need a Club Day within the first few weeks of school. Unless we create the expectation that outside interests are important, we can't complain when we are confronted by apathy. Groups need to formulate plans a.s.a.p., and knowing the number of interested students out there helps immensely. 5) Our school has over 800 students and yet this year we did not have a phone directory. Two years ago we finally received one over Spring Break. Ludicrous! I don't believe in campaign promises (reality dictates life and death do not go on in SBA meetings), but if it's the last thing I do there will be a Fall Directory. This is a trivial issue, but it's symptomatic of the disorganization which goes on around here. Anyone interested in working on it with me, leave a note in mailbox #424. Those of you who complained all year long about not having one I intend to hear from you. Yeah This is the blah part where I'm supposed to tell you that I've served on SBA longer than the other candidates (first year Class Director, currently Treasurer). I've worked on student governments at the University of Illinois, Northeastern University, and Regional orblah blah ... ganizations blah anyone who knows me, knows my record. Vote for me and nobody gets hurt!! Just . ... ... . ... (Continued) checking your comprehensive reading skills! Seriously, even if you don't which you should vote for me at least vote. Last year's election was decided by 10 votes. You will have to live with the Board once they are elected regardless of if you don't vote. At least next year you can say you tried. Take care and good luck on Finals. — — Kelley Omel (continued) within theLaw School. As a part of Lisa Sizeland's Subcommittee for Developing Student Issues, I surveyed the students' desire for such a program. As a result, with the help of approximately 20 volunteer student advisors, I set up the advisement table on the third floor during registration week. More work will be done on the advisement program during the summer and fall to make it a permanent part of the administration and to expand it by involving faculty to a greater extent. Several students expressed an interest in more variedsocial events. As a result, with the help of several interested students, I coordinated last semes- ter's events. Many people downplay the importance of these events in law school. I think that is an injustice because they are one of SBA's primary functions to keep the students happy. However, they are not the ONLY important functions. Many improvements still need to take place. It is a function of SBA to make sure they — Vice-Presidential Candidates make excuses Peter Berkery The reason I decided to run for Vice President of the StudentBar Association is simple: I really care about Buffalo Law School past, present and future. Currently, I think in a sense our Law School Community is in a crisis situation. The "great dialogue" on the ideals of truth and justice that should take place at any good law school is strangely absent here at ÜB. In its place we have an atmosphere of tension and suspicion that feeds on rumors, mistatements, and even outright lies. Something has to give, something must change before our Law School collapses in on itself and becomes yet another nameless, faceless institution in classic Orwellian fashion. To me, the most logical place to begin this change for the better is within the student body itself. Unfortunately, at times it appears that some faculty and some members of the Law School administration care little about student needs and concerns unless that student falls into some ambiguous "special category" that the professor or administrator is comfortable dealing with and chooses to help. In my opinion, this only serves to perpetuate the tension and division within the stu- dent body, and I think it's about time that we as a group unite around common goals of academic freedom, including freedom of speech, from which emanates the penumbral right of freedom to speak freely in a law school classroom. Camaraderie should be emphasized, competition downplayed. There is no real competition among those working for justice. These are the general principles upon which my candidacy is based. They may sound hokey and overidealistic but I'd much rather be hopeful and idealistic than cynical and pessimistic. I also know that I'm not the only student in the Law School who thinks these principles are important. This year we're fortunate to have a new Dean with impressive credentials who seems motivated to change the Law School for the better. Next year we'll have an opportunity to work with the Dean behind a common goal of a better Law School. I'm more than willing to use the office ofVice President as a catalyst for change rather than as a resume line. I'm not foolish enough to make any specific promises except one: I promise to listen to all the Law School constituencies who are unhappy about the status quo. The "sixties" are over. As a Law School Community we need to build on the ideals of a more democratic society that the decade of the sixties represents as we move into the "nineties." Ivan Khoury Ivan Khoury, currently an experienced Student Bar Director for the first-year class, requests your vote for the office of Vice President, Student Bar Association. Ivan's got what it takes to make a difference. Like other first-year law students, Ivan shared the discomforts, the pains and frustrations experienced by his classmates. Many of these futile situations were also experienced by the class of 1989. Ivan wants to change this. He wants to make the law school a more harmonious learning environment. This is Ivan's plan. He would like to take a more active role in law school matters and seeks your support in his efforts to be vice president of the Student Bar Association. Ivan, being new to theBuffalo area, has had to make a transitionthat at times has been filled with frustration. Part of Ivan's frustration was caused by the at times trivial activities that came before the Student Bar Association. Once elected, Ivan will utilize his efforts and your input to ensure that the interests of all students are represented. Ivan is a candidate concerned about the pressing problems of the law school. He is not one to or rationalizations for the shortcomings of administrative or Student Bar Association policy. Ivan will be an active vice president; he sees the need for the establishment of two grievance committees. One committee would deal with grievances dealing with Student Bar Association policy and theother with faculty/administration policy. There is also the need to expand the support services for students, e.g., expanding the role of the peer advisement program. Furthermore, clubs should be given incentives to co-sponsor events and organize events that will allot recognition to the law school. Similar to the new administration, our student body has had to deal with many difficult situations that have not always been satisfactorily resolved. One situation that can be remedied is the lack of notice accorded to students desirous to interview for committees and Student Bar Association appointed positions. Others include the need to stimulate greater student body involvement in Student Bar Association policy, and greater interaction with other representative bodies of the university community. Ivan is the obvious choice for vice president. He has working experience with student representatives and faculty. Ivan is currently an experienced Student Bar Director for the firstyear class, and a committee member of the Student/Faculty Committee for Students with Special Needs. Ivan does not claim to have all the answers, but he is com- do. Logically, the place to begin would be at the core, within SBA itself. It is important that EVERY class director be active within the organization. This has not been happening. I believe that we can achieve broad-based participation by establishing working committees with chairs early in the fall and by encouraging ALL directors to actively and continually pursue at least one project. If ALL directors are thus involved, SBA will run more efficiently and effectively thereby allowing more improvement to be made at a quicker pace within theLaw School at large. — It is important that SBA continue to work with Dean Filvaroff to further implement the suggestions made in the position paper developed this semester by theSubcommittee for Developing Student Issues. Hopefully, by making such permanent improvements, our ranking will follow suit. As a part of SBA, I recognize that I was a part of the weaknesses as well as the strengths. However, I feel that my contributions far outweigh my weaknesses and I feel that I am in a better position now to know what needs to be done. I am a person who can develop a goal and follow that goal through to the end.I can do my best to remain objective so that I can ensure that I listen to ALL students' views. Thus, if elected, I offer you an open mind, an open ear, demonstrated experience, and a sense of compromise. mitted to making the Student Bar Association the advocacy voice it can be. Ivan is cognizant of the demands of the job and looks forward to the new responsibilities the job entails. ChristopherReo I am running for SBA vice president as a candidate who wishes to increase involvement within a better organized SBA. The SBA must take a more active stance with regards to student affairs and must take steps to make this campus more amenable to a productive social atmosphere. If elected, my goal would be to actively increase involvement amongst the students in the law school and to enhance communication with the faculty and surrounding community. As the SBA vice-president, it would be my job to help make that the goal of the Executive Board, the class directors, and the groups we support. I plan to institute this plan in the following ways. First, theSBA needs to be better organized, more accessible, and more willing to listen to new ideas. Through its attitude on student involvement, the SBA sets the tone for much of what happens during the academic year. Supportfor social events, guest speakers and student commit(continued on page 7) April 20, 1988 The Opinion 3 �— BAR EXAM — NEW YORK FOR THE FIFTH YEAR IN A ROW, THE LIVE PERFORMANCE OF THE PIEPER BAR REVIEW COURSE IS FULLY SUBSCRIBED (ALL 1,000 SEATS ARE SOLD OUT) FOR THE SUMMER COURSE. Seats still available in the following tape courses: ALBANY, BOSTON, BUFFALO, CHARLOTTESVILLE, ITHACA, NEW YORK CITY, NASSAU, NEWARK, PHILADELPHIA, QUEENS, SUFFOLK, SYRACUSE, WASHINGTON, D.C., WESTCHESTER, and our newest location, BRIDGEPORT, CT. PIEPER NEW YORK -90MULTISTATE Willis BAR REVIEW, LTD. Avenue Mineola, New York 11501 (516)747-4311 4 The Opinion April 20, 1988 �Reo* continued from page 5 tee representatives oftentimes emanates from the SBA. If we, the elected representatives, don't show a desire to get involved and appoint those who will, how can we expect the student body to support us? Office hours must be mandatory, agendas must be posted, and we have to actively recruit student involvement. After all, we are your elected representatives. Second, we must make it easier for individual groups to have access to their money so that spontaneous events can get off the ground. I therefore propose the establishment of a petty cash system to be administered by the SBA. It would be subject to strict SBA ELECTIONS voucher and triple signature requirements, but would have the effect of giving organizations some starting money for student events. We can have better control over our student money without decreasing accountability! Third, so thatall students can take advantage of the various events, I propose that all groups be required to submit to The Opinion a bi-weekly schedule of events which may be published when it is timely and within The Opinion's space limitations. This could help the lack of communication that exists regarding the particulars of scheduled events. Fourth, to improve communication between the faculty and the student body, I propose a series of weekly brown bag lunches (like those started by AWLS) which would feature a faculty member, local official, or issue of legal importance. The SBA would foot the bill for liquid refreshments where possible. Fifth, we need a better organized intramural system. Hay-ing established the Intramural Racquetball League, I've come to recognize that incentives are necessary to foster involvement. I intend to revamp the league in order to increase involvement, but I also feel that the SBA should take a more active role in other sports such as softball, volleyball, water polo, and basketball. Tournaments are essential for most sports because of the limited extracurricular time we all have. We need to offer incen- TreCaSecrasnudriedeartatersy, Robert Brucato Secretary My name is Robert Brucato and I am running for the position of Secretary of the Student Bar Association. My growing concern throughout the past two semesters, with the quality of life at the law school has motivated me to run for this office. I feel that my four years of experience in student government, at this university, has taught me the importance of student input in any school environment. As Secretary of Sigma Phi Epsilon fraternity, I faithfully executed respon- sibilities that are similar to the ones that I will encounter as secretary of the Student Bar Association. Now.more than ever there is an increasing need for communication between the Western New York Bar and the law school. As Secretary, I will do my best to tap this as yet underused resource. One way of achieving this would be to invite more area attorneys to the school to speak on topics of local, legal interest. Finally as Secretary, I will always be receptive to any student concerns that are brought before me. I am confident that I am fully qualified to sucessfully meet all of my responsibilities as Secretary of the Student Bar Association. I encourage you to take the time this week to participate in the election of officers, to insure that your interests are adequately represented in the Student Bar Association. tives (like T-shirts for the winners) in order to increase involvement. These incentives as well as officiating costs can be offset by league fees. My sixth proposal stems from the belief that UB Law should take a more Stctive stance in community affairs. High school outreach programs and internships, like those started by LALSA and BPILP, are not only vital to those seeking guidance and assistance from theLaw School, but would improve our repoire with the community. These programs must be nurtured and expanded so that more people in the community can benefit from UB Law. Finally, the SBA must continue its efforts to voice the student position. Change will Michael Smalls never occur unless the Administration knows what the specific needs of the student body are. The Student Position Paper and the SUSTA drive were the two most recent efforts made by the SBA to solicit a response from thestudentbody. The SBA must continue to understand student needs and act so that they become reality. This is my basic platform. There are other issues that concern me which I have tried to make an impact in, such as the committee for students with special needs. I look forwrd to any input you might offer. Without your criticism and ultimately your involvement, our student government will never reach its potential. for consternation from one's Secretary (photo not available at press time) Most people understand that the position of Secretary requires skills concerning the taking of meeting minutes, note keeping, correspondence and the like. I, like many law students have developed those skills attempting to subdue the red tape involved with student loans, financial aid, housing and classnotes. As Secretary, I would like to allow the position to provide a medium through with the student body can make the S.B.A. aware of student concerns. The student body knows what S.B.A. does when it is time for organizational budget appropriations or S.B.A. party sponsorship (both important in vary ing degrees), but these are not the only items of which students should bemade aware. S.B.A. needs to know what the student body's concerns are. You let me know, and I'll let them know. Gregory Vinal Treasurer The job of SBA Treasurer may be, in a way, more sensitive than that of SBA President. It is the Treasurer who has the most interaction with the various student organizations funded by the SBA. And, while the organizations, the other officers and the directors may speak of laudatory goals and major projects it is often the Treasurer who chimes the sour note of fiscal constraint. So, you may ask, why would someone in their right mind want to assume such a position, wrought with the high potential peers? I too have been asking myself that question rather often of late. But the answer usually boils down to a decision to run. I am confidentthat I will be able to devote to the job the amount of energy and skill which is required to fairly and competently administer the finite amount of mandatory student fees collected from each of us. From my participation on the SBA finance committee this year, I am extremely familiar with the budget which the next treasurer will be forced to deal with. I have heard the appeals for funds and I am aware of the aspirations behind the numbers. I am also aware of the balancing involved in the budget formation and know that this must enter into most funding decisions. It is my sincere hope that this coming year will see many of the goals of the funded organizations, as articulated in the budget requests, realized. Buffalo Morning Zoo Crew Entertains ELS Members by Jeff Markello A few Wednesdays back, the Entertainment Law Society was treated to a delightful and humorous introduction to the world of morning radio in Buffalo. Bob Taylor and Harv Moore from WHPD 103.3 FM radio came to discuss how the law affected their profession and provided some insights into what allows a radio station in Buffalo to succeed. Better known as the Buffalo Morning Zoo Crew, Taylor and Moore air their showfrom 6 am to 10 am weekday mornings from WHPD's downtown Buffalo station. They have been on the air since 1979 and this nine year experience has resulted in a very successful show and current following. Their outrageous humor has included such acts as The King of Fa, numerous impersonations and caricatures poking fun at well-known personalities, interviews with the Buffalo's Mayor Jimmy Griffin, and daily early morning conversations with a woman from the Casa de Pizza, known as Bea. The Entertainment Law Society gave those law students who are fans of Taylor and Moore an opportunity to meet these disc jockeys and ask questions about their show, WHPD 1203.3, and Buffalo's radio business in general. Taylor and Moore surprised the audience with some of WHPD's radio policies and gave insights to others such as what segment of the Buffalo market they and their major competitors are geared toward. WHPD is Buffalo's Rock-NRoll station while WHTT 104.1 plays the old Classic hits, and Magic 102 and KISS 98.5 play the area's "" :>p 40 dance music. The dis ..ssion soon turned to a well-known New York City radio disc jockey Howard Stern who is one of the more vulgar and lewd personalities over the air anywhere. A short segment of one of Stern's recent shows was played back for those students not familiar with his they soon came to unwork derstand how disgusting he really is. Stern who usually evokes very strong emotions from his listeners, did not seem to retain very much respect from Taylor and Moore as they claimed that his style was more of a fad that would come and go before too . . long. Although this did not sit very well with many Stern fans in the audience, their point was well taken and understood to represent a more conservative BUFFALO disc jockey's point of view. All in all, the Entertainment Law Society once again presented a top notch event consistent with its policy of sponsoring quality events that will continue to further introduce the law school student body to the wide-reaching field of entertainment law. The ELS is currently busy planning additional events such as a reception, talks from area professional entertainers, and fund-raisers including a huge raffle with exciting prizes available next spring. Stay on the lookout for Entertainment Law Society notices... o* Important On Friday, April 22, a coalition of Buffalo student and community groups will lead a "Take Back the Night" march through the UB Main Street campus and surrounding University Heights area. Ha^TnaHi.r«Sp.S and lowing,bnef speeches mgs. The march will last until approximately 8:30 p.m., to be followed by a rally at Harnman This maTch has been called in order to protest violence against women, both on campus and in the community. His- Announcement "O torically, "Take Back the Night" marches have been organized throughout the country as symbolic protests of women's inability to walk freely at night without the threat of physical and/or sexual violence. The night has, ,n Jvercome the oppresses and si " O ' While women are marching, men will participate in a sup- TAKE BACK THE NIGHT MARCH port vigil. Yetta Kurland, an organizer of the march, said: "Having men take part in the march would defeat the purpose of the march; women need to win the ability to walk alone at night without the fear effect, been symbolize how 9 9 g The ELS will also do its best to keep the law school student body posted as to its events... after all, that's entertainment! Jhe *«™° 7"* Wi " - °-m C c,de Wlth sim,lar marches at SUNY institutions across the state, safety as^part^a^oordinated foT'^UNY campuses. For more information contact Yetta Kurland, UB Women's Center, at 636-2950. FRIDAY, APRIL 22, 1988 at 7:00 p.m. gather for •• Women Candlelight support vigil for non-marchers (women and men) at 8:00 p.m. begins at 8:30 p.m. with speakers Margaret Randall and Nancy Johnson. •• Rally Music and refreshments following rally. • FREE CHILD CARE PROVIDED! march All events will be held at Harriman Hall, which is behind the South Campus Metro Rail Station on the U.B. Main-Street Campus. Sponsored by U.B. Women's Center in conjunction with: University Heights Community Center, Anti-Rape Task Force, Women's Law Association, Women's Affairs, and S.A.S.U. April 20. 1988 The Opinion 5 �TheOpinionMailbox McClusky Takes Shot At Dean STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 1 April 20, 198f Editor-in-Chief: Daniel Ibarrondo Managing Editor: Donna Crumlish Features Editor: Andrew Culbertson Business Manager: Maria Rivera News Editor: Alexei Schacht Layout Editor: Damon Scrota Photography Editor: JeffMarkello Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, Zulma Bodon, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Molly Dwyer, Tom Gagne, Krista Hughes, Jennifer L. Krieger, Michael Kulla, James McClusky, Pat Miceli, Kenneth Neeves, Martin Sanchez-Rojas, Melinda K.Schneider, John Williams. Contributors: David B. Filvaroff, Richard Giacoma, Troy Oechsner, Keith L. Woodside, Dick Young. C Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial The recent commentaries on the "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment" as published in the April 15th issue of The Spectrum and the April 17th issue of The Buffalo News bring home the concern and attempts by UB Law to deal with incidents of harassment. UB Law is not alone in its attempts to deal with racist, sexist and homophobic incidents. This is a national problem plaguing many colleges and universities. The faculty statement was undoubtedly misunderstood by many. It should have been understood in light of the events that occurred in the 1986-1987 academic year. The racist and sexist attacks that occurred at UB Law should not be tolerated.To this end the faculty, following a national trend, attempted to deal with these incidents. Although the faculty statement was fraught with problems, The Opinion elected to applaud the bold move made by the faculty in its attempt to begin dealing with the problem of harassment against those law students who come here from groups which are underrepresented in the field of law. In a meeting on Friday, April 15th, held by the Faculty-Student Relations Committee to discuss the flaws in the faculty statement, more than eight out of twelve students who attended agreed that the policy should be kept but "tightened up." However, the main issue, which is how to deal with incidents of harassment was never discussed. The statement was dealt with as though it was an isolated action taken by the faculty to stifle speech and conduct. None of the students who chastised the faculty statement offered suggestions on how to deal with racist and sexist incidents at the law school despite their intense understanding ofconstitutional issues. The University of Michigan in an attempt to deal with similar incidents on their campus has put into effect a new anti-discrimination code. For the first time in its history, the university will impose penalties leading, and ranging, up to expulsion. The code prohibits any threat or act that interferes with a student's education or "creates an intimidating, hostile or demeaning environment" for any student because of his or her race, sex, religion or sexual preference. They too realize the problems involved but have decided to take action. Even closer to home, at New York University Law School, numerous untolerated sexist incidents led faculty and students to form a Committee on Sexual Harassment and Gender Bias. In a report prepared by the committee, awaiting faculty approval, the committee stated that the reason for such action is to "afford notice of the kind of practices the community views as inappropriate to the school's educational purpose." Endorsed by The Commentator, the NYU law school newspaper, the Editorial Board stated that "adoption of the report's rules will provide institutional support for an academic environment which nurtures and encourages individuality. Surely our academic freedom will not be compromised by the prohibition of conduct which intimidates and silences the diverse expression we seek to foster." In February 1988, NYU Law School, in response to the proposals generated by the Student Sexual Harassment Committee, held an Awareness Week which was aimed at focusing attention on handicapped rights, homophobia, racism, religious intolerance and sexism at the law school. Dear Editor, In a commentary entitled "SBA Should Trust Dean to Act on Position Paper" (Opinion 4/ 6/88), the author assumes that the SBA is sending a message to the Dean that we don't have any faith that he will respond in a satisfactory manner to our report. As an SBA member and a contributor to the report I can assure herthat is notourgoal. We recognize that the Dean does not have the final say on many issues facing the law school. This is especially true when we are talking about improvements which cost money. By sending copies to the SUNY Trustees and SUNY at UB administrators we can insure ourselves that they know that these concerns are the students and not those of the Dean. Sending copies to the Alumni Association and the Erie County Bar Association will hopefully encourage them to take an active part in helping us reach our goal of a better law school. Being an integral part of the Buffalo legal community, these organizations have a vested interest in the school. Their donations of ideas, time and money will be felt long after our threeyear stint is over. Further, by encouraging these outside groups to get involved, it will provide a vehicle for graduating students to continue their participation in the improvement of the law school. As a student at U.B. Law School I would also encourage the distribution of these reports in such a manner as to encour- The Opinion April 20, 1988 — one of the best) to take action you may need to pursue opportunities for external pressure. Though a complaint concerning the statement was submitted on January 7, 1988 the students involved received nothing but bureaucrat double talk for two and one-half months with the committee looking into it stating that they were unsure if they could act on it before the end of the semester. It took a call from noted First Amendment author Nat Hentoff to spurany action. (Incidentally, a column written by him on the "Statement" was published in the April 9, 1988 Washington Post.) If it will take outside action to spur changes the SBA should encourage the outside voices to participate. James P. McClusky Third-year law student Graduation Cap & Gown Protested Dear Editor, I'm not going to pay forty-two dollars for two hours' use of a cap and gown for the same reason that I'm not going to buy myself a thirty-foot tombstone. The only reason I can perceive why eitherof these wholly symbolic undertakings costs so much is to enrich some undeserving entrepreneur. I do not contend that all entrepreneurs are undeserving. But the cap and gown people at the school bookstore (and in the law school administration) have demonstrated themselves to be the commercial alter egos of those in the funeral industry. Both are aided in their legalized extortion by a minimum of capitalist competition at least there's some among undertakers. And both are making the most of the fact that you'll never graduate law school/die again. Thus, the bookstore clerktold me, "For this occasion you wouldn't want to be seen in anything less than our top-ofthe-line silk-lined casket, I mean cap and gown." Richard Giacoma — Student Criticizes NLG Activities Dear Editor, I feel compelled to write and express my admiration for the National Lawyers Guild. I am always in awe and inspired by things that go beyond my understanding. As you might imagine, there is much in this world that has earned my awe and inspiration, since there is much in this world that is beyond understanding. Yet, the NLG has earned a particularly notable place among these giants of the incomprehensible. Let me share but a few examples oftheir prowess in the field of the un- fathomable. Let me begin with kudos for Andrew Bechard and Molly Dwyer for their most recent articles in The Opinion entitled, "The End of Reaganomics, The Start of an Old Beginning." In this wonderfully entertaining article they describe "Reaganomics", wherein they say it (whatever it, in its totality, is supposed to be), "has turned millions of Americans into unemployed people, underemployed people, homeless people and poverty stricken people." This is one of those remarkable statements that I find myself utterly incapable of understanding. You see, The Bureau of Statistics has just come out UB Law School has taken a bold step forward in issuing its faculty with a report that states that statement. Students interested in the moral and legal issues inmore than one-quarter-million volved should utilize their talents in fostering the best educational new jobs were created last atmosphere in the study of law for all students. Perhaps one means month, and the country's unof limiting these incidents is by offering a mandatory social and employment rate has fallen to cultural orientation for incoming students, or make changes in the its lowest level since 1980. curriculum and/or faculty hiring to reflect the numerous contribuThe nation's economy has tions made by the under-represented members of our communities added some 15.5 million jobs to Western culture. in the last 64 months, and the 6 age the Dean to take action. Such action does not suggest lack of faith in the man, but lack of faith in the system that the man must act in. The committee, in submitting the report on March 1, 1988, requested the Dean to respond in the Opinion. Unless his response is in today's edition of the paper students will have to wait until next fall to see what our new "leader" thinks of our report. Surely six weeks is sufficient time to respond at least in a cursory fashion. It would have been a simple gesture to the third-year students acknowledging he recognized theirconcerns. Further, the current situation with the "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment" lends credence to the theory that when you want a bureaucrat (and the Dean is jobless rate has been halved, to 5.6% last month, from 10.8% in November 1982. I can only creditthese fine representatives of the NLG with knowledge far superior to that of The Bureau of Statistics. A less notable manifestation of their leadership, in the movement of the not-to-be-understood, is their statement, "Absent from the media is the 'yup- pie pom'" (I defy anyone to characterize 'yuppie porn'), "that dominated just a few years ago. Cover stories and analysis are being done on gay rights, discrimination, housing, poverty, illiteracy, [and] day care." Purely aside from what that statement itself is supposed to mean, I am astounded that (continued on page JO) Another Opinion onFaculty Statement Dear Editor: In the past several months, I have read a number of letters to this newspaper which expressed grave concerns about the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment. Although I am certainly not an expert in thefield of constitutional law, it's not hard to see why. The statement blatantly violates basic First Amendment rights. However, I don't intend to elaborate on the substantive questions involved. I believe that certain students in this law school, as well as Washington Post writer Nat Hentoff, have done an effective job of laying the issue on the table. What concerns me is the silence on the part of the faculty. We have professors writing to this paper letters concerning the effectiveness of Contorts. Although the issue involved here is slightly more important than the existence of Contorts, not one faculty member has expended the time, or the effort, in an attempt to justify this I find this truly incredible. Even if the faculty believes that this criteria doesn't merit a response, it should at least indicate its position. Unfortunately, the faculty seems content to ignore the problem and act as if it doesn't exist. Well, it does exist. The faculty owes the students an explanation. Obviously, letters written by students haven't merited a reply in the eyes of the faculty. Perhaps an article written in one of the country's most prestigious newspapers is enough to change the faculty's mind. A law school which limits the First Amendment is the equivalent of a medical school that modifies the Hippocratic Oath. There's an old saying that captures the spirit of the First Amendment: "I don't agree with what you say, but I will defend to the death your right to say it." Apparently, the people who drafted and approved the faculty statement believe just the opposite. statement. Andrew Culbertson �Res Ipsa Loquitur by Daniel Ibarrondo Goodbye To You My Trusted Friends, And Readers... With deep regret I depart from the intellectual world of satirical musings that has characterized the writing style and contents of my column Res Ipsa Loquitor. Writing for the Res Ipsa Loquitor column has had its ups and downs. There were some law students who weren't pleased when I quipped at Law Review, Moot Court, the NLG, JAG Corps and so forth. Then again, there were some law students, especially the regular readers of my column, who enjoyed the articles and were able to see the humor of all that characterizes the law school experience. To this group of students I thank you for your suggestions and positive reinforcements. Law school is a quite uptight and pretentious place to be. The attitudes that are developed towards each other get worse once we enter our second and third years. One ofthe purposes of my column was to force us to look at ourselves and laugh a little. I'm almost positive that if we all were together during our college years the bond and unity that would've been created during that time would have been incredible. Fortunately, we are in law school and working to develop our professional careers. Unfortunately, the atmosphere that is createdleads us to create cliques and pass judgements about others. Intelligent humor and satire, I believe, is a good common ground to foster a sense of community and the bond that is truly hard to establish among us all. Working with the graduating and incoming staff of The Opinion has provided me with a prime example of the kind of relationships that the law school as a whole should develop. We are all individuals with differing opinions, views and career goals yet we are able to work together harmoniously as a team. We had fun times during layout, enjoyed each others company outside the law school atmosphere and provided positive critiques of each others' views and writings. We took things seriously when the time demanded it and we poked fun at each other. I don't believe that anywhere on campus one can find a group that operates with thecohesiveness of the Opinion staff. I will surely miss the company of Krista, Zulma, Idelle and Melinda. You guys have been marvelous to work with. It's good to know that The Guild Perspectives Opinion tradition and mode of will be enhanced with the incoming board members, Donna Crumlish, Andrew Culbertson, Damon Scrota, Maria Rivera, Alexei Schacht and Jeff Markello. I look forward to working and having fun with you guys. I too feel, as Kevin O'Shaughnessy, former Features Editor, aptly said before me, that the last production of The Opinion in the Spring semester is like watching the last episode of "MASH" on television. So long people and I'll see you soon. Feel free to come by the office and pitch in for operation layout. by Troy Oechsner NLG Explains Position On Arab-Israeli Conflict You just can't please everybody. As we anticipated, the NLG's campaign for human rights, peace, and justice in Israel's occupied territories and the Middle East encountered criticism and misunderstanding. We engaged in lengthy discussions before taking a position on this issue. Nevertheless, a few have criticized our stand as anti-Semitic. This is highly ironic considering that many of the NLG members who were the most supportive and active in our campaign are Jewish. It is reminiscent of the early days of Vietnam, where any criticism of American policy was dismissed as anti-American or even, God forbid, "communist." We in the NLG see ourselves as true patriots. We realize that criticism of a national policy may come from concern, love, and a deep commitment to the nation's founding principles. We also realize that blind support for national policies is disastrous. Although we support Israel, we will not become Israeli apologists when it has committed injustices. For the record, the NLG's position on the Israeli-Palestinian conflict has four basic points. First, Israel should adopt the fourth Geneva Convention regarding its treatment of Palestinians in the occupied territories. If adopted, the Geneva Convention would impose a basic minimum of human rights guarantees for the Palestinians, such as a right to some due process of law. Hopefully, it would end the officially sanctioned collective indiscriminant punishment, beatings, mass detentions, and killings of Palestinian people by the Israeli military (as well as the unofficially sanctioned murder of Palestinians by Israeli settlers). Second, the NLG supports Israel's right to exist. We feel that it is essential to any long-term peace in the Middle East that all nations and national organizations (particularly all Arab nations, the Soviet Union, and the PLO) recognize right of Israel to exist as the Jewish homeland). Third, all nations (particularly the United States and Israel) should recognize the Palestinian Liberation Organization as the legitimate voice of the Palestinian people. This is the point that seemed to cause the greatest amount of controversy and misunderstanding. We are not saying that we support the PLO's terrorist activities. The past PLO bombing of school buses, for example, was truly deplorable and barbaric. Likewise, we do not support the terrorist activities of the Israeli state. For example, the mass executions at Sabra and Shatila refugee camps as well as the indiscriminantbombings of innocent Palestinian refugees by Israeli warplanes using napalm and cluster bombs have been inhuman acts of genocide. The basic truth, like it or not, is that there are no good guys and no bad guys. There has only been a long and brutal history of atrocities on both sides. Thus, both sides must put aside their pasts and deal with each other in an effort to build peace and trust. Of course, this is easier to say than it is to do. But it must start with dialogue. The Palestinians must talk directly with those whom the Israeli people have chosen as their representatives the government of Israel. Likewise, Israel must talk directly with those whom the Palestinian people have chosen as their representative voice the PLO. The most popular argument against Israel recognizing the PLO is that the PLO exists only to destroy Israel. On ABC's nightly news of 2/13/88, PLO Chairperson Yassir Arafat said that the PLO is currently willing to recognize UN resolution #242 establishing the state of Israel. Arafat expressly stated that he would recognize Israel's right to exist in exchange for Israel negotiating directly with the PLO. If Israel and the U.S. continue to pretend that the PLO is some fringe group without nearunanimous support from the Palestinian people, then, as Arafat said, "There will never be peace." Fourth, there should be an international peace- conference with ALL parties concerned in an attempt to work out a lasting — — peace. The "Right" View The conference must start with the basic premise that both the Israeli and Palestinian people havea right to selfdetermination, dignity, equality, and peace. Therefore, as stated earlier, the PLO, Arab nations, and the USSR must recognize and support the right of Israel to exist in peace. Likewise, Israel and the U.S. must recognize the Palestinians' right to self-determination and that the PLO is their legitimate representative. If these basic foundations are not agreed to, there will never be peace. We have called on our elected Congressional representatives to work toward these proposals for peace. Hopefully, this article will clarify the NLG's position on this issue. We hope that all law students will keep an open mind on this and all issues. It is only through democratic dialogue that we, as American citizens and human beings, can build equality, justice, freedom, and peace. by James P. McClusky McClusky Opposed To Raising Hourly Minimum Wage A bill sponsored by Senator Edward M. Kennedy (D-Mass) and Rep. Augustus F. Hawkins (D-Calif.) seeks to raise the minimum wage, which has been at $3.35 since 1981. The bill, which will go to the full House laterthis month, calls for a minimum wage of $3.85 an hour in 1989, $4.25 in 1990, $4.65 at the beginning of 1991 and $5.05 by the end of 1991. (Many class of 1993 law clerks then rest assured that they would receive at least $.05 an hour higher than their counterparts in the class of 1988.) The sponsors of the bill want to help low-income workers. However, their solution, politically appealing on its face, will do more harm than good. Studies that have been conducted are in virtual agreement that a government mandated increase in the minimum wage would increase unemployment. One study, done by a Clemson University economics professor, predicts a total of 1.9 million jobs would be lost. York would be the number two loser behind Rep. Hawkins' state of California.) Though the desire to systematically increase the wages of employees up to 50% is admirable, it overlooks the realities of the world. An increase in minimum wage would force those earning more than minimum wage to seek raises to maintain their historical differences. The increase in wages being paid would have to come from somewhere. An employer would have three choices: (1) He could raise his prices in an effort to generate offsetting income. Hence inflation. The employee's income would therefore have the same purchasing power as before (though we would be able to say we have a higher paid group of poor people). (2) He could reduce fringe benefits. This would force employees to buy, on their own, insurance, etc. Their disposable (New income would therefore be the same or perhaps even less as employers can get group insurance and other fringe benefits at a cost less than it would cost an individual employee. (3) He could lay off 30% of his work force and replace them with automation or increase output from other employees. This, of course, would result in higher unemployment. It is true minimum wage jobs produce a paltry $7,000 yearly income, hardly enough to support a family. But, most minimum wage jobs are not held by heads of families. Minimum wage jobs are usually training grounds for the young. One third are teen-agers, 59% are under the age of 25, and an increasing number are semi-retired workers or second income spouses. (Perhaps those concerned with heads of families receiving a higher minimum wage should look into the possibility of tax credits as a more efficient alternative.) Today's America has an underclass of unemployable young people, particularly the minority youth. They are fighting drugs, adolescent pregnancy and illiteracy. They need jobs to fight back more importantly, they need job skills. One study, reported by the Federal Reserve Bank of Chicago, dealt with a hypothetical decrease in the minimum wage by 25%. It concluded teen-age employment would rise by 36%. This would offer a greater benefit than increasing the minimum wage. — To those who do not have the benefit of a college education and the many who do not even have a high school diploma, minimum wage jobs are their place to start. The young person learns the responsibility of a job and the responsibility of receiving a paycheck. These entry level jobs are the ones that will be eliminated by this bill. Will they have alternatives? How often do we see full service gas stations? They are increasingly self-service automated stations. The jobs that bred automobile mechanics are eliminated. Grocery being stores are also becoming increasingly automated. It wasn't long ago that I was a minimum wage bagger/stock clerk. Many of my co-workers who entered at the minimum wage are still in this supermarket chain with full-time jobs. Those who transferred into the more desirable jobs (i.e. meat-cutters), will be making more money than I will next year. My brother and his friends will not have this opportunity. With increasing wage costs this store now hires less than half the minimum wage workers that they did when I started. With an increase in minimum wage other employers will turn more and more towards automation, giving fewer and fewer opportunities to those in need of it. April 20, 1988 The Opinion 7 �THE OPINION MAILBOX from page 8 NLG Activities from page 8 these two were able to canvass the entire media to come up with their nebulous fact. I can only assume, they are implying that these subjects have never been covered before, another fact I was entirely unaware of. More notable is The Guilds recent handling of JAG's campus recruiting. While forever expressing their belief in free speech, free exchange of ideas, freedom of choice etc., The Guild arranged to have as many people as they could fill the spots for interviews so that no one could actually hear what the representative of JAG had to say, so that no one could make a free choice, so that an exchange of real ideas could not take place. tain they would find some powerfully inventive reason for calling it a dastardly deed. These small examples of The Guild's mastery of double speak might be enough to sway us (we many with so limited creativity) to rush and join the o excuse me, rank ranks of The Guild, but these are nothing compared with the Grand Coup performed last month by this enlightened organization. .. .. As many of you will recall. The NLG had a table in front of the Law School library. Above this table were several signs stating what the objectives of the organization were with regard to the petition they were asking people to sign. The largest of these signs read, "Help Support Israel's Right To Exist." Upon reading the petition one finds no mention of Israel, but only references to Palestine. What could it mean! The petition was in support This was a truly wonderful pardox beyond my understand- ing. I would relish the opportu- nity to see their reaction to that same tactic being used against one of their pet causes. I ameer- of the recognition of the PLO as the legitimate representative of the Palestinian people. This is particularily interesting since the PLO has vowed the destruction of the state of Israel. One young lady, who was handing out the petition to passersby, was able to explain, "We support their (Israel's) right to exist somewhere else. "Ah! The utter brilliance of it shines through. In closing, I must point out that The Guild held their pot luck dinner April 8. They encouraged a "diversity and plurality in menu and ideology." If their idea of encouraging diversity in menu is anything like their idea of encouraging diversity in ideology, I can imagine the entire group was served a single course of gruel. At the very least, I am certain none of the courses consisted of humble pie. Keith L. Woodside First Year Law Student Dean Filvaroff Compliments World Hunger Interest Group Dear UB Law Students, Faculty, Staff, and Friends: I personally want to compli- ment the World Hunger Interest Group at UB Law School (WHIG) for its work in the cause of relieving worldwide hunger. WHIG's organization of the third annual "PRIDE in Buffalo" campaign will benefit both local and international agencies and is part of a nationwide student called campaign "Hunger Cleanup Day." The number of volunteers in Buffalo last year placed it 11th among the 52 cities participating in the project. That is a proud record and presents a challenge for this year; let us hope that there will be an even greater demonstration of stu- dents' selflessness and concern for humanity in 1988. The involvement of WHIG at at theLaw School is much more than a symbolic gesture of goodwill; it is a significant contribution to the welfare of people throughout the world. I hope that other students, faculty and alumnae will be encouraged to join with WHIG and contribute to this important effort. Sincerely, David B. Filvaroff Dean P.S. For more information contact: Krista Hughes Box 738, #688-9130 Peter Berkery Box 314, #877-9498 Law Revue Forrest Strauss of "Tommy and the Tortfeasors" Jeff Mueller and Michael Jackson woos the audience with their on piano electronic music. Marty Pelein of "Playthings of Alien Powers" moves the Tralfwith his powerful voice. .. Daniel Ibarrondo and Michael Wroblewski of the "Down by Law Crew" rocks the house . and mikes. Nick Brodich of "Tommy and the the wails with his guitar. Tortfeasors" tears Marty Schwartz amazes the crowd with death-defying juggling acts. Kelley Omel accompanied by Michael Jackson treats us to her joyful vocals. 8 The Opinion April 20, 1988 The "Hot Cargo String Band" accompanied by Sara Nichols makes annual appearance. �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class by law school professors question analysis experienced is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost NARRATIVE TEXTS: The law 2 explained 3 you need to know for your bar exam is for you—not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation for the bar exams of nine- teen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey Rhode Island Texas New Mexico New York Pennsylvania Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. fvJwj?mY irM IL(IKAPLAN-SMH v mm,i **mmww IBAR REVIEW SERVICES (800)2231782 (800)343-9188 See your Campus Rep, orcaU^l buffalo area stan,ev H Ka p ,an Ed <*• "<j. 1330 Niagara Falls Blvd. Tonawanda, New York 14150 (716)837-8022 ©1987 Kaplan -SMH April 20, 1988 The Opinion 9 �ILS Conducts New Student Survey! by Jennifer L. Krieger Recently the International Law Society conducted a survey to measure student interest in international law and to determine which courses, if any, they would be interested in taking. Briefly, the results of the survey are as follows: Law Students Responding: 117 1. Are you interested in international law? Yes—lo2 No —15 2. Wouldyou like to see more courses in international law offered? Yes —102 No —10 No Response — 5 3. Would you like first-year students to have the option of taking a course in international law during their spring semester? Yes —69 No —37 No Response —5 Undecided —6 4. Would you like to see a course offered in international tax? Yes —69 No —36 No Response —7 Undecided —3 5. What courses in internationallaw would you most like to offered? International Commercial Transactions (seminars) International Comparative Law International Human Rights International Tax International Trade/Antitrust International Organizations Immigration U.S. Foreign Policy Issues Diplomacy Conflict of Laws International Finance Clinics (Immigration, Appeals of Foreign Defendants) International Labor Law Environmental Intellectual Property Protection Telecommunications International Legal Research see .... .. 15 12 10 7 7 7 7 5 4 4 3 3 3 3 2 1 1 6. Comments: "It is embarrassing how deficient U.B. law is in the area of international law." "This school should take note of the increasing importance of international relations, particularly international commerce." "This is a growing field which should be recognized with further course offerings." "I support curriculum reform in general and feel that a program in international law would be an excellent place to start. But let's not have the professors teach courses we can please get in other university departments, e.g., political science department. We need law courses." "I would very much like to see a three-year program in international law." — "We should be required to take international law in the first year." "U.B. is situated near the busiest border crossing between the world's largest trading partnership. One would think that this would be an appropriate place to build a strong international law program. This is especially true given the potential impact of the free trade agreement should it get ratified." "I am very interested in international law. Any courses offered would be most appreciated." "There seems to be several professors interested in a 'One World' community, yet there's no real push for more courses in international law; rather, a very parochial approach to the law." "Please do something (U.B.'s needs are dire)!!!" "We need more CDO guidance in this area. International law is very important because our world is getting much smaller." "Work out a program that encourages students to refine/learn foreign languages." "Coverage of current events, i.e., Kurt Waldheim, etc., would be very interesting and I think more of an opportunity would be available in smaller courses." "We need a broader curriculum." "While I'm not greatly interested in international law, there should be more courses offered to those who are interested." "While I am not personally interested in international law, I think it's important for people to have the option of a wider range of classes in the area." "There appears to be a lack of direction for course offerings and a lack of student understanding of what they should or should not take." . "This school has many cross-cultural programs which would be useful resources in acquiring a deeper understanding of international relations importance of international relations, particularly international commerce." .. LALSA Finishes Eventful Year We, the Latin American Law Students, have sponsored several events this year which were designed to enhance the law school as well as the Hispanic community. We sponsored Law Day along with BLSA in an effort to promote the idea of law school in the minds of aspiring minority students. In the hopes of addressing the problem of the lack of Latinos in the world of academia, LALSA designed and executed a day-long Hispanic Outreach Program which was attended by many of Buffalo's most prominent Hispanic community leaders, including UB Law School alumni Judge Raul Figueroa. The junior high and high school students who participated in our event enjoyed tours of the university, one-onone exchanges with LALSA members and a Moot Court presentation.The students were as impressed with the day's success as we were. Although other organizations may be larger and may conduct many more flamboyant events, we at LALSA are hoping to increase our membership and we are hoping to continue funding key programs that will help open communications with the Law School and with the Buffalo area. We look forward to continuing our efforts and welcome everyone in the Law School to join us in our endeavors. The Executive Board of LALSA Orientation Committee Needs Help by Melanie Jenkins and Damon Scrota The newly formed orientation committee for the fall of 1988 needs help over the summer to prepare for the upcoming onslaught of first year students due to arrive in August. The committee's faculty organizer/supervisor, Aundra Newell, facilitated the selection of cochairpersons and subcommittee heads in the first meeting held on Monday, April 11. However, this committee is fully run by students. The committee is co-chaired by Jenkins, Melanie Michelle Eggenschiller, and Scott Tompsett. It is composed of eight subcommittees, which include fundraising, housing, informational packets, social activities, printing, small groups, speakers and t-shirt/promotion. Anyone with ideas is urged to submit them as soon as possible to one of the three chairpersons. The committee will be holding another organizational meeting this week so be sure to be on the lookout for details on time and place. All who are interested in having input or helping out with Fall '88 orientation are urged to attend. All of you outthere who will be in Buffalo over the summer should come to find out what to do with all of your spare time. You wouldn't want to stay away from O'Brian Hall too long, would you? Peer Tutorial Provides Support Service If you have exam anxiety. Peer Tutorial Project (PTP) may be able to soothe your nerves. PTP is a volunteer organization designed to provide support services for first year law students. Recently it sponsored two workshops to familiarize students with the registration process. During the final weeks of the semester it will provide a referral service for students with questions about their courses. If you are a first year student and would like help with a course, stop by Room 509 and fill out a tutoring request form. A second or third year student will contact you to arrange an appointment. (This article has been published to comply with the SBA By-Law 13 requirement.) Oechsner Denies JAG Statement Dearest Shawn: In response to your response to my response to your letter regarding JAG Corps: I can only say thatI never said you had no right to say what you said; I only said that what you said was wrong. I would say it again but I don't want to repeat myself. I would say it again but I don't want to repeat myself. Your Buddy, Mr. Oechsner Tobacco. from page 3 Dr. Blum says hundreds of newspapers will not run stories or editorials supporting a ban on cigarette advertising because they are afraid of losing the revenue from tobacco advertisements. advertisements Cigarette reach millions of people weekly in magazine and newspaper ads alone. Newspaper tabloids are a prime example of the reach of cigarette advertisers. "The only advertisers in these things besides prostrate rejuvenators and bust developers are the tobacco companies, these publications reach upwards of 8-10 million people per week." Dr. Blum also says many newspapers ignore any attempts that are being made to ban cigarette advertising. Bill C-51 is being debated in the Canadian Parliament right now. "It is the most progressive piece of anti-smoking legislation in the world today." If passed the bill would put a ban on all cigarette advertising, yet the U.S. press has given it minimal coverage. Another major concern of DOC is that cigarette advertising is aimed at the most susceptible groups in society. One of these groups is children. Young adults in our society are eager to be a part of the image that cigarette advertising presents. Dr. Blum states that Marlboro cigarettes are the number one selling cigarette among young people. "Kids are buying 'Marlboro', not cigarettes, it's all image." Another groupthat the advertisers are aiming at is the low income and minority sectors of our population. Dr. Blum is dismayed that cigarette advertis- ers buy the space on most of the billboards in the lowincome and minority neighborhoods, where cigarette sales are high and people tend to be less informed about therisks of smoking. DOC is presently trying to raise ten thousand dollars to send the U.S. Boomerang team to the World Championships in Australia. Rather than wearing the Marlboro or Budweiser patch on their jerseys, they would be wearing an antismoking patch. This is an attempt to counter the typical sporting event which is sponsored by a beer or cigarette company (Camel GT, Virginia Slims Tennis Tournament). Dr. Blum hopes that this will be the first ofmany U.S. athleticteams to go overseas with a health oriented, rather than a health hindering sponsor. U.B. Law School Gray Chair Women's Studies • presents The Margaret Randall Case: The Fight For Free Expression Speakers Margaret Randall Internationally renowned poet, photographer, author and teacher David Cole - Attorney with the Center for Constitutional Rights Friday, April 22 W 10 ■ 415 Srrmli A.roM. Mlc62 Nnr Vocfc. New York 10001 (2U) 5»4-3Wt (10l)t23-3W The Opinion April 20, 1988 • , 3 5 pm Moot Court Room, O Brian Hall Let Randall and Cole updateyou on Margaret Randall's fight forher FirstAmendment rights and against deportation under the McCarran-Walter Act. Reception to follow. �Latin American Scholars Denied Entry Into U.S. by Martin Sanchez-Rojas Ever since I came to the law school here, I have been attempting to bring to this University, and others throughout New York State, with the help of many people, a writer an extraordinary writer by the name of Gabriel Garcia Marquez. — He is without a doubt Latin America's greatest living writer. He has received worldwide recognition and has won the Nobel Prize in Literature. He has also won the most important literary prize in the Western Hemisphere annually given by the publishing house of Casa de Las Americas. Many of us in this university have probably read his Hundred Years of Solitude or other important novels or short stories. Many of us have probably seen his films, maybe the acclaimed Erendira. Many of us have probably seen an interview he has given to the television networks. But the Department of "in"Justice under the leadership of that great constitutional scholar Ed Meese has prevent- . Ed this great artist and social commentator from entering this country. At fault is that ancient piece of legislation which was created in the 1950's commie phobic epoch, the McCarranWalter Act. Passed over the veto of President Truman, who claimed it to be "inconsistent with our democratic ideals and not compatible with our system of justice," it states very abstractly that it would prohibit absolutely the entry of aliens who may engage in activities that threaten the welfare, safety, public interest or security of the United States. The following people have been excluded from entering this country because of this bogus contention: Former Canadian Prime Minister Pierre Trudeau, former NATO officer, Italian General Pasti, who belonged to the World Peace Council. All he wanted to speak to you about was the horrors of nuclear war. Pablo Neruda, one of Latin America's greatest poets and Nobel Laurete, had also been excluded from entering theU.S. many times. There have been many Italian artists and scholars like Primo Levi, Dario Fo, Franca Rama and Alberto Moravia, who have been excluded. Even a former French minister, Regis Debray and his philosopher, Michel Foucault, have been excluded. But more often than not these exclusions have been "applied" on Latin Americans. The case of Colombian journalist and Columbia University graduate Patricia Lara was an outrageous, but clear hint at the arbitrariness and stupidity of this Immigration law. . I was just thinking Don't Ken Neeves and Co. have better things to do than sue SBA for taking a stand on important issues? His claim that his student fee is being misused is for the birds. My tax dollars go for repression of the Sandinistas, for weapons for Iran, for SDI deployment, and other equally repulsive activities. That's the essence of democracy: the people elect leaders who decide how to spend money.lf the activities the NLG and others were so outrageous, why were they voted the activity money? Neeves is grasping for straws. But then again, his is "the right view." Oops, I forgot. The musical scores heard at the Law Revue were fabulous! Brian Drier did Billy Joel and then some; Joe Rizzo had a James Taylor quality that surpassed JT himself; Kelley Omel sounded lovely, as was expected; and Ginger Schroder was marvelous. Dan Ibarrando's duet was ah we 11... urn . ... ... Kudos to A&R for doing Spring registration. Not only that, but the first-time effort went well, by all accounts. Nice job, Sharon & Co. I think too much of a fuss is being made over the faculty statement on harrassment. Sure, it needs to be reworded and refined, but its message is a necessary one. Intolerant, bigoted buffoons such as the kiddies who put sexist notes and mutilated toy animals in certain female students' boxes are the problem and do need to be dealt with. While the Bill of Rights shouldn't be suspended, the rights of women and minorities harmed by these jerks shouldn't be either. Michael Dukakis will win New York 47% to 31% over Jesse Jackson. Al Gore will be history after the primary here. The day after the day this paper comes — — out he should drop out. If he stays in he'll be hurting his chances of getting the V.P. slot, by denying Dukakis those delegates as well as by his certain continued poor showings. Why is it thatstudents do nothing to effect real change in the pathetic parking policy here at UB? We continue to park illegally due to the shortage of spaces, get tickets, pay them, and gripe. What ever happened to those days of sit-ins, protests, angry encounters, assaults, firebombings, shootsorry, got a bit carings, urn ried away there, but thinking of President Sanctimonious, ah I mean. Sample will do that to you. . Is Geraldo Rivera the most disgusting display of sleazy, trashy, hyped pseudo-journalism we're likely to see in our lifetimes or what? Anyone who disagrees should have seen his special on murder last week. His disregard for the truth was outdone only by his penchant for talking tough to Charlie Manson. If only Charlie had made it ten . While this university looks like a big corporate center now, I think it will improve with age. The small trees will grow, and give the concrete landscape some character and definition. And who knows? Someone might dynamite those two ugly Engineering buildings, which are even more ugly than all the rest of the solid brick buildings with the tacky reflecting glass put together. — — I like Audrey in CDO, but her decision to allow the military to recruit here is both disturbing and unacceptable. As a veteran of our nation's armed forces, I can attest to the bigoted, racist, and homophobic mindset of our fighting boys. Believe me, there are few enlightened minds in the military. And I was in the Air Force, the "best" of the four branches, The accord requires that countries facilitate the free flow of people and ideas. For the right-wing, commie-phobic, reaganites, please do not bother to use the argument of "but the Soviets are ..." Recently several students here at the University of Buffalo, under the auspices of the Committee of Latin America, extended an invitation to a human rights activist to come and speak to the students and faculty here at SUNYAB. Maria Teresa Tula, a human rights activist from Central America, was invited to the United States to receive the 1985 Robert F. Kennedy Prize for her work with the organization Comadres, but the INS and the State Department refused her entry. His name is Osiris Villalobos and he is from Honduras. He is a political refugee living in that great democracy of Canada. He has lectured throughout Canada and spoken on television. There have been other writers like Julio Cortazar, Ernesto Sabato, Jorge Amado, Angel Rama and Maria Traba, who have been declared personas non gratas. He presented the letters of invitation to the U.S. Consulate in Toronto, who promptly refused his petition for a visa. The absurdity of his visa denial is so outrageous that surely the Everything You Wanted To Know by John J. Bonazzi So what is the problem?Well, this act usually discriminates against Latin Americans and it goes counter to the provisions of the Helsinki Accords in which the United States is a signator. by far. Discrimination is inexcusable, especially on the part of the government. Period. CDO's argument that they do not wish to deprive students of a career opportunity is as weak as Reagan's mind. If students wish to talk to the JAG boys, they could meet them down the road at the Marriott. If the Pentagon can spend $400 for a hammer, it can spend half that on a conference room for a day. What isthe monument on the shore ofLake LaSalle supposed to be? Three tall columns and a few short ones. Am I supposed to guess what it all means? OK, I give up. Wouldn't it be great if just once a law student were to attend a Marino/Pieper/Barßri propaganda meeting and blast the capitalist pigs who suck our money while giving us very little substantively, except for short-term memory and a Of psychological boost? course, that will never happen. Law students are too busy stuffing their faces with pizza. I know of many, many stu- dents who are upset with the current Law Review selection process. Despite the interest of all these students, the editor snobs on the sixth floor didn't have the decency to address an issue many students including quite a few Law Reviewers themselves are concerned about. Maybe the new editors next year will be less elitistand show more respect for the students. Maybe. Naw, probably — — not. The Boston Red Sox will win it all this year. They have the pitching, the bats, and some speed for a change in their new guys. Most importantly, they don't have Billy Buckner anymore. The Celtics will prevail over the hated LA Lakers, too. The Lakers are good, but the Celts have Bird, a bench (unlike last mind of the Consul is too small to admit it. Osiris Villalobos was going to come here to speak to you about the recent shooting of Miguel Angel Pavon, a human rights activist, and Moises Landaverde, president of the Teacher's Association of the Northern Region in Honduras, which occurred in January of this year. These assassinations followed two other significant killings. The displacement of poor farm families when the U.S. Defense Department or our National Guard or the Nicaraguan Contras take their land without compensation, was also going to be a part of his talk. Also, he was going to speak about the attempts to assassinate and then discredit Dr. Ramon Custodio, president of the National Committee for the Defense of Human Rights. As students and concerned citizens, you should all protest these blunders by the State Department and the INS. Do something about it, please! . . . About Everything year) and they're healthy. It'll go 7 games, but it'll be the Celts. Oh yes, and I'll take all wagers on that. Ed Meese should be sent into internal political exile. The Soviets have Siberia. We have Oklahoma. Let's put that state to some good use. Meese is an embarrassment, unacceptably unethical, and further proof that Ronnie is mush. Another good reason to have elections. The poor guy's frontal lobe just can't take it anymore. . If I hear one more person talk about the goons on the Boston Bruins Did you Buffaloons ever hear of the likes of Halkidis, Maguire, or Gilles? They are better suitedforthe Erie County Holding Centerthan they are for the playing ice. but I must admit. Miller and Shoebottom are goons, too. .. Jackson . One day, there will be no final exams, as they have been shown to be poor and unreliable indicators of true accomplishment. One day, we will be judged in the exact same manner as we are judged in the real world, by actual accomplishment on intensive analyses of issues. One day, educators will put in practice what they have known for years and examine our true ability and not our testtaking, time-management, or studying skills; it's the former, and not the latter, which matters. One day, we will not have exams. One day, we will not have grades. One day, we will have students far more concerned with getting an education than with getting a job. One day. Have a great summer, y'all! from page 4 of the Democratic Party white vote. Can you imagine how many Independent and Republican whites are going to vote for him? If he's lucky, he'll pick up 4%-5% of them. Maybe. This nation is less than 25% black. Winning 95% of those votes does not add up to victory. It adds up to only thing: President Bush. While one yearns for the day when, to quote Martin Luther King, people "will be judgedby the content of their character, and not by the color of their skin," and while it is appealing to try to push that day a whole lot closer with a Jackson vote, it is also a self-defeating proposition. There is a real possibility of finally wresting control of the White House away from the current sleazy, incompetent crew. After eight years of record deficits, needy people program cuts, and devastating foreign policy decisions, the opportunity to get our great nation back on track should be seized and not lost. — That decision is up to Jesse Jackson. He should place the party's needs, indeed all of America's needs, over his own. Hllllllillllllllllllllllllllllllllllllllllilllllll _ H p C S • PROFESSIONAL TYPESETTING OFFSET • PRINTING • FAST SERVICE . . • COMPETITIVE U PRICING M ,¥l MANY • DIFFERENT E S • TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street LdtKO nT^/XK^ r ,TpTrprjl/p n rsi c'tjP) But,al °' NY 835"0100 1676 Nia. Falls Blvd. (tcross from K-Mtrt) Tonawanda, NY 834-7046 IlliflllllllllllllllJflllllllfllllflllllfllllllllllllllilll April 20, 1988 The Opinion 11 �CONGRATULATIONS To The Class of 1988 s4ssociaiey^Uectafi/ Steue4i/ (otlcxi/ dine/, e>sw., s4ssistant/^kecto^ - BAR REVIEW t- 1988 BAR/BRI 12 The Opinion April 20, 1988 �Legal Community Billboard 11/ Mandatn . y IN 1/ pj dl I d ° ' ca s wi/i 5e „.• • / / n li can "Me Doctor" pi ,n I office immediafcve " Vai*off's II v foliowjiip I co 'Wencenient. IJ 1 J il c • 11.1 |h IJi I/W V i" * i|i / I H 1• Iμ J 111I '^^^^^^M^ ' 11 W I ilf ' The in the I\l ' -" I_^^^T ■ , ' (,w/"de your fien R ? ~ ' I1 I I 1 ' |||/t Neither reuuard applies to his seminars LUe frequently hear "he's much better IlUi , icoi^ ?ffSK" , fS *" coM ece n compi«" ,72 to night CONTEST III II| ; n sreujQrc, isinaddition to the $500alreadu offered Pr f fl bert to Qn V° ne able to find the ooinior any of those nhnuo «~h i obove-noted ramblings. j,. !L ume s lounyc men floor sec^o^ng I A toe nn 00 Reward is being offered b h the SBfl for °V any information leading to the comprehension of any of Lee filbert's I C hUreS for the years 1 980 to 198fi • elusive. " Entertainment sing/ng sW will be 1 it 1988toFeb. 28, 1989. Once again, students will be able to trade a new or slightly burned bulb forany five volumes in the library s rare books collection. Ona related note, fund-raising plans are also being formulated to assign whitecanes an d dark glasses to all students upon graduation by the year 2024. Now, if they could only do something about the buzzing Anyone finding any asbestos in the law library is requested to return it to the circulation desk ASAP for a full refund. Environmental Law Credits will also be -^^^^^^^w *tag "I" MmWk **« «omP ,o, ' C "c" d6 evA dute sW» w,M *« noone*>« be * "S^S-* e,r uses foortWueW° tt\o9 this v^ 1 aftM v °" M iJJ.J J/J April 20, 1988 The Onion 13 �:: w | M |H| I Jμ :S; p */£'-' - iiJiif -.vVwMiwjÙ-- Bh. HbHk :;: ■'•' : 1 -v -v. : : esiJß&: Something to offend everyone. I loved it! **** —Rex Reed / give it 2 3A chairs ... 2 for creative madness and 'A for "off the wall" —Doug Smith Ooooh, Victor! —Randi Naughton 14 The Onion April 20, 1988 xs»|T™ R & ■:■:■:■ v '' ■■ #*v ' ' J ,, ' + SHE SB , Aipp^ :■ ■ ■■ ■• ■ ;i ■■ ■.'■'■ ■ jplli H MB >wUli-: Ss^vi^Sils*!;-**-''^ '-aBR wM- 111 ■ ■-■•" : ■ vzd&SiL ■ iSgi ■ NO WAY! Audrey K. entirely too sophisticated for this part. And the guy they hired to play her husband!!. . . Rβ ■■ $3& SB Ik A house renovation gone wrong from the first nail. —Bob Vila -Robert Ebert , . / pick it and r• ■ I'm always right. —Irv Weinstein Victor Thurony l fl™ r CaSt in t role! ■■ the ■ _ Gene Siske| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-04-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 28 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/6/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 28 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2372e1f79cf75d16de3136ceded2792e.pdf e23fdda049442dd920d7b4e30c30d7ff PDF Text Text Faculty Shocker: Mensch Admits Long Held Secret (Story) by Fifi Trixibelle know Elvis was the king and now I can call Jimbo 'the prince. Mensch apparently decided to come forth and reveal Jimbo's true parentage because of the inevitable annoying questions the couple have been getting since the child was born (see photo.) "I just wanted to set the record straight." says Mensch. Two UB Law Professors have recently claimed to have had contact with the ghost of "The King" Elvis Presley. Professor Betty Mensch, at a recent faculty meeting, announced that her secondyoungest child, "Jimbo," was not fathered by Alan Freeman, as the law community has been led to believe, but is in fact, Elvis Presley's love child. Although Elvis has been dead for over ten years and "Jimbo" is just four years old, Mensch insists that the ghost of Elvis has visited her several times, and at one point, actually impregnated her. "Don't Be Cruel" "Great" When asked for a comment, the child's purported father, law professor Alan D. Freeman, stated "I think it's great. We all Prof. Mensch in an early photo with "Jimbo" Freeman added that he always found it strange when at the tender age of two months, Jimbo would croon "Don't Be Cruel" when he wanted his diaper changed. Later at the same faculty meeting law professor Janet Lindgren stepped forward and claimed to actually be Elvis' love child. questioned When about whether she meant that her father was Elvis the man or Elvis the ghost, Lindgren insisted that her father was, in fact, Elvis' ghost, although she admitted thaj it sired her several years before Elvis actually died. It had been confirmed that Elvis was alive and well when Janet Lindgren was conceived. In an attempt to validate her claim, Lindgren produced a diagram, which she attempted to explain with what several listeners termed "metaphysical mumbo-jumbo." "Surprised" When asked to comment, law school dean David Filvaroff replied, "Although I'm a bit surprised, I have to believe that once we go public, these revelations will greatly enhance our standing in the Gourman Report" OPINION THE Volume 29 No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW April 20, 1988 Law Student Found Dead In Law Library Carrel by Seymore Heinie On Monday, March 28th, while law students were away for spring break, a student who apparently stayed in theBuffalo area to catch up on school work was found dead in the law library. Although Amherst police department officials have not ruled out the possibility of murder or suicide, all law professors have been put on notice for possible interrogation. One law professor who asked not to be identified by name has offered the possibility of the death having been caused by some pre-death psychological trauma from having been confronted by an alien of some sort. This theory was based on a mysterious bite taken from one of the law books found on the student's desk in carrel number 332. The law school administration has refused to speak on the topic. Dean Filvaroff, in an ap- parent attempt to downplay the hysteria surrounding the mysterious death, stated, "At this point in the investigation we don't know exactly what his name is or what year he's in. "I can tell you, however, that the reduction of aid that the school will experience due to the SUSTA cuts will have an impact on the size of the student body." At the time of the discovery of this unfortunate event, public safety officials spoke of having found seven other bodies scattered throughout the rest of the library and three additional bodies found in front of the wall where grades are posted on the third floor. There was no evidence, however, of clues that would add credence to the mysterious alien theory. The student was described as being a male Caucasian with shoulder-length hair, brown eyes and a mole on his left cheek. Amherst police officials would appreciate any information leading to the identity of this victim. All information will be confidential. Permanent Office For JAG At UB by Johnny Gambo Following recent protests by Sexuality Courses To Be Offered by Mary Virgin ÜB's married faculty professors Betty Mensch, Alan Freeman, Fred Konefsky and Diane Avery will be teaching several courses on Sexuality and the Law next semester. The faculty is concerned with rumors of first-year promiscuous behavior which may lead to the spread of AIDS and other sexually transmitted diseases. The curriculum is presently being designed and will be entitled, "Do it and Die or Don't and Miss out." The following courses will be offered: Bestiality and the Law, Joint Tenancy and Drugs: The Road to Marital Bliss, the Rules of Civil Procedure and Sexual Positions, and SadoMasochism: A Fundamental Right. Professor Freeman commented that several prerequisites are required. Bestiality and the Law requires that students bring in their own animal or anything that resembles a beast. Students in Konefsky's class must wear only a flannel shirt to class and students must purchase leather whips forthe Sado-Masochism course. Students are excited about the new curriculum and the Law school Bookstore has created a new Sexuality and the Law section with various sexual books and paraphernalia. Presently, the professor for the Sado-Masochism course has not been chosen but students are hopeful that Professor Marjorie Girth will be selected. The faculty believes these new courses will stimulate students and relieve law school pressure and anxiety. "In fact, it might even make better lawyers out of them," said Konefsky. students who felt infringed upon by limitations imposed in the interview/recruitment efforts by the JAG Corps, UB Law has announced that beginning in the Fall of 1988, the JAG Corps will have a permanent office at the law school. Although O'Brian Hall has space limitations for faculty and club offices, a new office will be constructed to accomodate the JAG Corps. The office, as the preliminary plans show, will be located near the Career and Development Office. In the meantime, the JAG Corps recruitment personnel will be sharing office space with CDO pending construction and completion of the new office. Dean Filvaroff has announced that the accomodations for the JAG Corps' office was granted by President Sample. In response to the letters of protest tht he received by the members of the National Lawyers Guild, Dean Filvaroff said, "our hands are tied at this point. We had to accomodate the JAG Corps at the law school or risk losing massive amounts offederal funds that were given to the law school to do research on the legal ramifications of the Strategic Defense Initiative (SDI)." The Career and Development Office is pleased that the JAG Corps will have a permanent recruitment office at the law school but expressed reservations about having to share office space with military personnel. One employee who asked to remain anonymous said, "I don't mind them at all, it doesn't bother me to share space with them for a little while. What does bother me is that I hope I don't have to come to work every day and see a bunch of dissatisfied law students picketing in front of the CDO office. Law students as a whole will never be satisfied." The National Lawyers Guild has already stated that they will maintain a standing objection to the creation of a permanent JAG office at the law school. NLG has historically opposed the presence of the JAG Corps at the law school and has vowed that they will continue to do so despite what seems now to be a losing battle. �Battle Of The Sexes: "MAD DOG" EWING W VS presents THE GIRTHWOMAN" LEGAL MANIA m ARattered Ut**"* I -\te^B oftne century!" -Howard Cosell °^ h ■ ocV r uc"vpaVe ncico',0 l "This will do wonders for our Gourman Report ranking!" a -\\sUc er Jftk ■M^& JH γ^m C\/CMT If 111 / Features WWF INTERVIEW Cart: The Soul Bro' of Wrestling BATTLE OF THE DEANS Filvaroff vs Albert in Colossal Competition THIS YEAR IN REVIEW 7/?e Important Events in UB Legalmania BAM BAM BLUM Surrounded by Enemies HEADSMASHING HEADRICK WWF Looks at Heenan's Latest Find THE LEGAL STRATEGIES Wrestler's Describe Legal Strategies STRIKE FORCE Mensch and Freeman Reach for the Top 2 The Onion April 20, 1988 14 18 24 i J 1 42 46 k_^-**^^ 52 56 ITFm lad |F " §Dean „ oO % \ 1 not an ymore ~7 Headnck *■ » -" JL& |M| ■ I Hll II ■ X I wB «■ 1P» ulkH°gan � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1988-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 29 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 1 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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The two teams were competing in the American Bar Association's National Appellate Advocacy Competition regional championships. Both teams advanced to the finals by defeating teams from a fine field of law schools that included representatives from: .. .. a look of confidence. This Ivy League law student gave the appearance of an experienced litigator as he presented his point of argument. Upon completion of the petitioners' argument, it was distinctively clear to all those present that nothing less than for a fight. Sui Chan was to "bat clean up." Those of us familiar with her know she did not stand well above the podium as the first Cornell member had. Her physique would not permit it. However, Sui did indeed rise to the occasion. She argued her by llene Fleischmann Three outstanding Buffalo at- Professor Virginia Leary is back as an associate dean this semester, after an eighteen month leave of absence. She spent three semesters as the first holder of the Ariel Sallows Chair in Human Rights at the University of Saskatchewan School of Law in Saskatoon, Saskatchewan, Canada. A prominent lawyer from Saskatchewan left one million dollars to the University to set up the chair. The purpose of the chair is to provide the holder with an opportunity to do research and writing in the area of international human rights. The University took notice of Professor Leary when she was will receive Distinguished Alumnus/a Awards at the 26th Annual Meeting and Awards Dinner of the University at Buffalo Law Alumni Association. This event, which is the Association's major fund-raising effort, will take place on Friday, April 29 at the Buffalo Hilton. All alumni/ac and friends of the Law School are welcome. According to Association President Robert W. Keller, Hon. Theodore S. Kasler will be cited "for his diligence and for his conscientious service in the judiciary." Maryann S. Freedman will be honored "for her leadership by example and for her commitment to public service." William R. Brennan will receive the award "for his dedication to the profession and for enhancing the image of the private practitioner." Elected to State Supreme Court in 1974, Justice Kasler has been supervising judge for all criminal courts in the eight county Western New York area since 1978. A graduate of Canisius College, he is a member of UB Law's Class of 1953. He served as a deputy corporation counsel, city court judge, and assistant district attorney before being elected to the Supreme Court. Maryann S. Freedman will finish her term as president of the New York State Bar Association in June. A 1958 graduate of UB Law, she spent many years in private practice, then went to work as a research assistant for Buffalo City Court. She became an assistant attorney general in 1975. Since 1977 she has served as confidential clerk to Justice William J. Ostrowski of the State Supreme Court. William R. Brennan will be cited "for his dedication to the profession and for enhancing the image of the private practitioner." Mr. Brennan is a partner in the Buffalo law firm of Moot & Sprague. A graduate of Holy Cross College and UB Law, Class of 1948, he has practiced law continuously in Buffalo, where he is an active member of numerous civic and legal ortorneys a superior performance was needed from the U.B. team if they expected a favorable decision. Sue Garvey and Sui Chan most definitely felt the pressure. It was they who represented our law school. Up first was Sue Garvey. She met the challenge with no rVesitation. The judges hammered away questions and Sue brilliantly provided the answers. When she finished, the team from Cornell knew they were in point magnificently. The combined result was certainly a superior response. The bailiff then directed the courtroom to rise as the judges left to deliberate. They returned shortly to the anxiously awaiting spectators and competitors. Chief Justice Kane then announced the winners: "Sue Garvey and Sui Chan." The judges seemed pleased to learn that they were from U.B. Law School. The Cornell team felt pride in doing their best. Those Dean Leary Returns from Canada by Donna Crumlish law degree from U.B. in the eyes of these judges, attorneys and law students, and also those who came in contact with the above. The two will be representing our school in front of many more attorneys from across the nation at the American Bar Association National Conference in Toronto this summer. We wish them luck. Congratulations Sue and Sui. Three Outstanding Alumni Awards To Be Given Albany (last year's winners), N.Y.U., New York, St. John's and Tourp College. The final round commenced as the bailiff silenced the spectators and called attention to the presiding justices: Kane, Koshian and Wolfgang. Chief Justice Kane then gave the Cornell team permission to begin argument. The first of the two member team approached the podium. As his stature rose above it, he leaned forward, grasped the podium and began his argument in a stately manner. When hefinished heturned the floor over to his partner with who previously thought it a mismatch left with a sense of respect for the team members and their school. The Moot Court Board would like to thank Sue and Sui for leaving those judges, attorneys and neighboring law students with notions of respect and admiration for the U.B. law school and its students. I personally would like to thank them for increasing the value of my future on a lecture tour in Canada after a human rights mission in the Philippines. She gave one lecture in Saskatoon and later the school invited her to be the first holder of the Human Rights Chair for one year. Saskatchewan is one of Canada's most geographically central provinces. The surrounding terrain is flat rather than mountainousand the chief exports are wheat, uranium and phosphate. Because there was a lot of exporting in the area, Professor Leary says she was able to get a much better sense of internationalism that she does in this area. Professor Leary has a special The 99th Annual Commencement May 22, 1988 Alumni Arena — Betty Mensch Herald — Kenneth Joyce Faculty Speaker — Wade Newhouse Student Speaker — Mary Gennaro Guest Speaker — William M. Kunstler Marshall Commencement Committee Co-Chairs: Maureen Casey Paul Prentiss interest in economic and social rights. Canada provided an excellent case study in these areas, particularly in the area of the right to health care. Canada has a Universal Health Care Program which provides everyone in the country with access to health care. The Universal Health Care Program began in Saskatchewan in the 1960's and eventually every province in Canada adopted the system. The system is widely accepted by the Canadian people. Professor Leary attributes this to a general attitude of government acceptance among the people. She suggests that the American people are more anti-authority and want less involvement in public institutions than Canadians. This is reflected in a U.S. health care system that denies access to 37 millionAmericans. Professor Leary taught two seminars on human rights while at the University and was so well received that she was asked to continue her stay for another year. Not wanting to be away from UB for that long, she compromised and stayed on another semester. Currently, Professor Leary is involved with developing an international law program along with Professor David Engel. Areas in which they hope to create more classes are Canada, Human Rights, Trade and Cross Cultural Law. Professor Leary is presently teaching Public International Law. ganizations. The annual business meeting of the Association will be held from 5:30 to 6 p.m. Cocktails will be served at 6 p.m., with dinner to follow at 7 p.m. Classes celebrating reunions are especially encouraged to attend and will be seated together. All alumni attending Maryann Freedman One of the winners from the classes of 1928, 1933 and 1938 will be guests of the Law School. The price of the dinner, which includes an open bar, is $35 per person. Checks should be made payable to University at Buffalo Law Alumni Association, and should be sent to Jean C. Powers, 800 Norstar Building, Buffalo, N.Y. 14203, by April 19. Sponsors who helped make this dinner possible are: Manufacturers and Traders Trust Company, Ticor Title Guarantee Corporation, Barrister Information Services Corporation, Grant Appraisal & Research Division of GAR Associates, Inc.; Terence E. Barnes of West Publishing Company, and Lathan, Lumsden, McCormick and Co. Proceeds benefit the activities of theLaw Alumni Association. Thomas M. Ward and Michael Swart are co-chairman of the dinner. Serving on their committee are Robert B. Moriarity, Eugene F. Pigott, Jr., Jean C. Powers, Elaine E. Salvo and Oliver C. Young. Inside ... Work A Day in the Public Interest 2 SBA Briefs 5 Miss Social Procedure 10 .... �UB Contemporary Law Journal to Begin Publication by Sophie Feal Last Spring, through informal discussion among several law students and various faculty members, it became apparent that there existed support for an additional publishing forum at U.B. Law School. To determinethe actual need for such a publication, a survey was first conducted among the student population. The survey indicated that a vast majority of students believed that a greater opportunity to improve research and writing skills was necessary. Twenty percent of 823 students responding stated that they were in favor of another publication. Secondly, research of other law schools' pubications was done. These findings indicated that most law schools in the U.S. have secondary or tertiary journals that co-exist with the traditional law review model. The journals vary in format and length. Moreover, it was found that these alternative publications provide a positive learning ex- Oiled-Up "Dave sDemons" Lose To St. John's by Shawn Griffin On a cold Buffalo afternoon the members of Dave's Demons packed up and prepared for their six hour journey to Springfield, Mass. The long hours of intensive practice had come down to this one weekend when they would test their basketball skills against twenty other top law schools from the northeast. Without the constant analysis and storytelling from the "speaker of the house" the trip to Springfield would have been dead silent as the team mentally prepared itselffor the coming challenge. After an afternoon at the Naismith Memorial Basketball Hall of Fame, Dave's Demons met their first challenge: a strong St. John's team. At halftime the Demons enjoyed a "comfortable" 36-34 lead. (It seemed a blow-out was inevitable.) But during the second half, the "wheels came off." Four of the nine Demon players fouled out and St. Johns quickly moved into the lead. Kevin Carter made several three point shots to keep the game close but in the end, St. John's won, 82-78. We can only wonder what happened to our Demons. They were such a well oiled team the night before. (As a matter of fact, they were so well "oiled" the night before it may have blurred their performance.) What distracted the team? Was "XC" more concerned about the $6.00 entertainment expense the night before orwas he able to "tune" this distraction out? "SL" may have been anticipating the forthcoming slumber party while "DD" lost his mind listening to the play by play calls from the sideline. "JK" may have lost the motor functions in his hands while "SG" huffed down the court due to a late night breakfast. "JD" may have been worried about getting his good side on film for the fans back home. "DH" may have longed for the girl he left back home and "NS" may have longed for the girl he left at The Keg. Or was itthestirring halftime speech by "BB" that left the team breathless? At this point we can only speculate as to whether it was one of thesefactors or a combination of them all which led to the demise of our Demons. The team finished the tournament with a respectable 500 record. They have vowed to make the same journey next year in an effort to represent UB as a powerful basketball force in the northeast. The Demons would like to thank all of those who supported them in their efforts including: The Barrister Corporation; Phillips Lytle Hitchcock Blame & Huber; the StudentBar Assocation; the Law Students and especially Dean "Dave" Filvaroff from whom the team derives its name. Work A Day In The Public Interest by Karen Comstock According to the National Association for Public Interest Law (NAPIL), 93% of the poor are without access to legal services. At the same time, the number of law school graduates entering the public interest field has declined by 46% over the last 12 years. The reason for this dilemma is tragically simple: money. Society does not allocate the resources necessary to address the mot basic needs of the poor, and legal services are no exception. As Graduate Assistant for Public Careers' through the Career Development Office, I am painfully aware that Buffalo legal services agencies (Neighborhood Legal Services, Legal Services for the Elderly, Prisoner's Legal Services, etc.) are in great need of summer legal interns. I am also aware that many students express a desire to work for these agencies, but are unable to do so because the agencies simply cannot afford to pay. Consequently, only the student who can afford to volunteer (the rare individual) or who is willing to work for the low summer work-study stipend (if he or she qualifies) can benefit from the practical and rewarding experience of legal services employment. As the situation now stands, everyone is losing: the students who want to work at legal services agencies, and most importantly, the poor who rely on these agencies for basic legal assistance. The Opinion April 6, 2 But, as always, there is hope. The Buffalo Public Interest Law Program (BPILP) has worked diligently for years to raise money to fund summer internships in Western New York legal services agencies. Since 1979, BPILP has consistently succeeded in funding 3 to 5 interns each summer. Some of you have benefited from BPILP's efforts. Well, folks, BPILP activists have become more creative and ambitious than ever! This year, we are proud to announce the creation of a new program called Student and Faculty Initiated Internships (SFII). Taking the leadfrom Public Interest Law Programs at law schools all over the country, BPILP is asking the UB law school community to "Work a Day in the Public Interest." Similar fund-raising efforts have met with great success: the University of Michigan fellowship program consistently raises $25,000, UCLA raised $30,000 in their first effort, and Berkeley has increased its annual funding level in one decade from $10,000 to $90,000! The SFII pledge drive will be operating in full force next week, the week of April 11-15. Simply put, we are asking that you, students, faculty and administration alike, make a pledge to the SFII fund in an amount equivalent to one day of your salary from your respective summer or permanent job. In the case of first and second year students, we will be asking for pledge commitments now and we'll bill you in late June. For third year students, we 1988 will also ask for pledge commitments now, we'll bill you in mid-August for your pledge of the equivalent of one day of your anticipated annual in- come. PLEASE NOTE: Every pledge accompanied with a minimum $20.00 (cash or check) down payment immediately entitles the donor to a FREE "Work a Day in the Public Interest" TShirt!!! These T-shirts are the same high-quality cotton as those memorable UB Law T-shirts we sold last semester (the palm tree, remember?). The faculty and administration have been very responsive to preliminary outreach form BPILP solicitors. Dean David Filvaroff has the proud distinction of being our first donor (see accompanying letter of endorsement). Coupled with sizable donations from faculty members Steinfeld, Robert Victor Thuronyi, Betty Mensch and Alan Freeman, sufficient funding for one complete internship is virtually in the bag. Since our faculty solicitation has just begun, we are confident that many more generous contributions will follow. Many law students haye the fortunate opportunity to make a very comfortable salary at the employment of their choice.We all have varied interests and career goals. Yet I have found that, for the most part, the law school community shares a recognition of the economic realities of society and has compassion for the plight of the poor. continued on page 4 perience for those students unable to meet the requirements of law review. The result of these investigations was the Buffalo Journal of Contemporary Law (BJCL). Initially, the BJCL consisted of an informally organized group of students. Later, the group was recognized as an official student organization under the SBA, and obtained a charter grant. More recently, the BJCL has obtained funding and office space (O'Brian 7B). The BJCL seeks to provide law students with an additional opportunity to refine research and writing skills, to contribute to legal scholarship, and to acquire editorial, publishing and organizational skills. The Journal will encourage the "Buffalo model" vision by operating with less restrictive membership admission policies, and by fostering interaction between the legal profession and other academic disciplines. The working committee of the BJCL has called upon the students and faculty of theLaw School, and other departments, to submit articles for publication in the first issue. This issue will contain three to four articles. Due to resource and time constraints, this particular issue will consist of a collection of articles concerning different legal topics. It is hoped that in the future, each issue will having changing symposia, and that the articles will address various aspects of the chosen subject. The target date for publication has been set in late April. The Journal encourages students who are interested to participate in editing and proofreading. If you are willing, please contact Colleen Blair, Box #624, orLidwyn Brokx, Box #323. Thus far, the organizational structure has been relatively informal. However, for future publications, the BJCL will recruit members based on a writing sample and statement of interest. The emphasis will be to recruit students who are able, willing and interested in doing the work. UFW Rep Speaks at UB Advocates Grape Boycott by John J. Bonazzi A presentation was given on Monday, March 14, by Arturo Rodriquez, a representative of the United Farm Workers (UFW) regarding a boycott on grapes being organized by the UFW. Table grapes are being boycotted due to the failure of the grape industry to take measures to lessen the amount of pesticides, one-fifth of which cause cancer, as well as to provide for the health and safety of agricultural workers. The presentation was part of the table grape boycott campaign, and featured a 1986film on this subject entitled "The Wrath of Grapes," which detailed the history of the farm workers and the danger posed by the deadly pesticides used. The UFW has three major demands that they wish implemented through a marketing agreement with the grade industry: 1. A ban on the five most dangerous pesticides used in growing grapes, which cause cancer and birth defects (Captan, Parathion, Phosdrin, Dinoseb, and Methyl Bromide); 2. A joint UFW/grower test program for poisonous residues on grapes sold in stores, withresults made publictoconsumers; and 3. Free and fair elections for farm workers and good faith collective bargaining. Mr. Rodriquez stressed that pesticide poisoning and other problems exist with other produce. However, grape growers are the most powerful lobby, which leads opposition to effective enforcement of farm labor laws. As a result, only grapes are being targeted in this boycott. The UFW believes that a powerful boycott will bring grape growers to the bargaining table, where a marketing agreement on free and fair elections, good faith bargaining, and the marketing of grapes can be reached. Farm workers can then insist that grape contracts include a ban on the use of the five worst pesticides. The UFW in 1975 finally got passed the Agricultural Labor Relations Act (ALRA) after 10 years of lobbying. ALRA supposedly gave to California farm growers the right to free and fair elections. However, according to Mr. Rodriquez, Governor Deukmejian is the recipient of heavy contributions from the $14 billion per year agricultural industry. As a result, he has significantly lessened the impact of ALRA and other similar legislation. For instance, five regional directors of state enforcement agencies were recently fired. Workers complain that each time they are successful in forcing a vote for a union, the employer simply fires the entire crew, or calls the Immigration Service to have them deported. Every year, more than 300,000 farm workers are poisoned by farmland pesticides. Three hundred million pounds ofpesticides were used in 1984. The California Department of Agriculture recently found residue of Captan and 10 other pesticides on grapes they sampled. In addition, the UFW also alleges that when pesticides are sprayed from the air, most of it drifts from the intended farmland, often for miles. Only a small percentage actually hits the intended crops. The UFW has labeled this a chemical time bomb which threatens the health of both workers and consumers. More importantly, they charge that the airborne pesticides are responsible for health problems which neighboring communities are currently experiencing. Mr. Rodriquez pointed to McFarland, California as an example of this. That community is surrounded by farmland, and has been rocked by the sudden onset of cancer in 17 children. Six have died to date. Mr. Rodriquez asks that consumers pledge to honor the table-grape boycott, contribute to the boycott campaign, and tell friends and clubs about the boycott and oppressive farming conditions. �Harvard Denies Tenure Track to CLS Professors by John J. Bonazzi The Critical Legal Studies movement at Harvard Law School was dealt a blow on March 10, 1988, when Harvard University President Derek Bok declined to recommend tenure to professor Clare Dalton. This move, the second of its kind in the past year, has ignited a firestorm at the ivy-covered school, further dividing theLaw School's faculty and provoking outrage among faculty and students alike. Critical legal studies is a school of thought which asserts that the legal system's appearance of neutrality is a cover for systematic bias in favor of the rich and powerful. Dalton, 37, is a feminist whose interests center mainly on women, medicine and the law. She has primarily taught contracts, torts and legal history for the past seven years. Dalton claims that gender discrimination and political ideology are the bases for Bok's decision, and has accepted a two-year appointment at Northeastern Law School while she fights her tenure denial from Harvard. The faculty has been divided for a number ofyears, with leftleaning faculty members pitted against more conservative professors. The division deepened last spring, when the conservative faction put through a rule change which requires a twothirds majority vote to be granted tenure. That faction is often accused of using this rule to block tenure for scholars with whom they disagree politically. Indeed, Daniel Tarullo, a leftist professor, was denied tenure despite having 29 positive votes to 20 negative votes four short of the necessary two- thirds majority. Since Tarullo's vote, two professors, Dalton and David Trubek, have received the requisite two-thirds vote, but have had the faculty recommendation reversed by Bok. These reversals have gone unexplained by Bok and Law School Dean James Vorenberg. In a letter sent to all faculty, Bok announced that an outside committee appointed to review Dalton's scholarship met for seven hoursand "these deliberations resulted in a consensus that the record was not sufficient to merit tenure." The committee included Archibald Cox, Harvard professor emeritus, U.S. District Court Judge Robert Keeton; Connecticut Supreme Court Chief Justice Ellen Peters; Anthony Kronman, chairman of the appointment committee at Yale Law School; and Harry Wellington, former Dean of the Yale Law School. This CLS debate has become so bitter that the National Law Journal has characterized it as turning the Harvard Law School faculty into "the Beirut of legal education." The American Association of has Professors University agreed to investigate, as they have already found preliminary indications of violations of academic freedom and due process. In addition, the American Association of Law Schools has been asked to investigate. Robert Gordon, a Stanford Law School professor and a leader in the CLS movement, spoke out against Dalton's tenure reversal, expressing surprise and calling on Bok to explain the reasons for his decision. Gordon, presently teaching at Oxford, sent a letter signed by and career commitment which would indicate that they would be effective as public interest lawyers." CUNY is dedicated to the public interest. As a result, only a small percentage of the students are interested in the private sector or going into private practice. Carmen Encarnacion, a firstyear CUNY law student, commented thatstudents are under a great deal of pressure despite rumors of a non-competitive environment. CUNY students are not required to take examinations in the traditional sense during their first semester. They work in groups called "houses" which are simulations of law firms where students work cooperatively. Exams are required the second semester on a pass/fail basis and students are able to take the exams as many times as necessary to meet the requirements. They are also evaluated by the professors on a scale of one to four. According to Encarnacion, CUNY's accreditation problem is mainly due to Queens College's bureaucratic domination of the law school. Marcus agreed with this observation and noted that as a result of the low bar passage rate Queens College gets "cold feet" and begins to question whether or not the law school should continue using a non- traditional teaching approach. Thebar passage results ofthe first graduating class were not high. Moreover, on the second attempt the percentages increased from 35 percent to 70 percent. The passing rate of the second graduating class was 30 percent. After these results Queens College officials became concerned. Marcus noted that an important question which needs to be asked is whether it is important to give people a legal education even if they end up being community organizers doing things other than practicing law. Arguably, she said, it may be counterproductive for an educational institution like a law school, even if it is dedicated to social change, to take in large numbers of students who may not pass the bar. This year was the first time faculty, who designed the curriculum, came up for tenure. It was also the first denial to everyone of reappointment. Marcus stated thatwhat the administration decided to do was identify the teachers as the source of the students' failure to pass the bar, and to say that the bar results simply reflected the inadequacy and ineffectiveness of the faculty or teachers. "The University administration is using barpassage results as the surrogate or measure of teacher effectiveness despite high student and professor evaluations of the tenured professors." As a consequence, Marcus explained, morale problems have been created and CUNY faculty are faced with the dilemma of selecting between their scholarly work or working with the students and risking tenure. "There is nothing more demoralizing than giving people that choice," said Marcus. Two professors that were tenured upon reappointment ironically had a more "traditional background" in contrast to those who were denied tenure. This decision to select professors based on traditional criteria, such as publishing, seems to contradict the progressive ideals of a non-traditional legal education for which CUNY is known. She noted that this is also demoralizing "because CUNY's goal was to be fully accredited in a short time and now they have to convince students that they are a law school in good standing." Another problem that exacerbates the tenure dilemma arises from CUNY's lowered morale. Faculty may decide to leave, and it may become difficult to recruit students. Professor Marcus commented that "lowered morale in the faculty cannot help but affect the student body." This issue is also tied to the accreditation of the school. Presently, CUNY is provisionally accredited. Marcus' understanding of what happened as a result of non-reappointment of faculty members was that CUNY withdrew its application and is going to wait a few years to reapply. — 200 law professors and deans to the two above associations requesting probes into the adverse decisions being given to CLS scholars in general and at Harvard in particular. The letter warned that a new version of McCarthyism could arise when "surreptitious attacks on colleagues with whom one has intellectual and political disagreements" are condoned. Dalton has filed complaints with the Massachusetts Commission Against Discrimination and the federal Equal Employment Opportunity Commission. Students responded to Bok's action with shock and disappointment. Student activists had staged a rally for Dalton last year, and are planning a meeting to organize a new round of protests. Progressive CUNY Faces Accreditation Problems by Maria A. Rivera As a progressive law school, CUNY has fostered non-traditional methods in its legal education. CUNY has had two graduating classes; however, serious problems exist in obtaining full accreditation and many graduates are failing the bar. Why hasn't CUNY law school received full accreditation? Professor Isabel Marcus, formerly a professor at CUNY, has expressed several concerns about their accreditation. While a professor there, Marcus was asked to set-up the second year curriculum. She recalled that "CUNY was an extraordinarily exciting place to be. It was intense, passionate and full of the most incredible desire of students to learn." Students were clearly there to obtain an education. The student body, she added, was also diverse. Fifty percent of the students were women and 30 to 35 percent were men and women of color. CUNY's low bar passage rate has been attributed to its nontraditional admission policy. As expressed by Marcus, "One of the problems for CUNY's low bar passage results is that CUNY is committed to admitting students who on the basis of a formal record may not look like they qualify in the traditional sense ofthe term but who demonstrate the kind of educational promise and prior work Marcus feels personally involved and dreadful of what is going on: "I have good friends there and I have met some of the most intelligent and exciting students at CUNY. Yet, I know from my own scholarly work that this is not unusual that a reform institution gets trapped in a mainstream situation." In comparison to the Buffalo model, Professor Marcus commented that most CUNY students come from impoverished backgrounds and require more assistance on writing skills. "I don't think this is an insurmountabletaskand I don'tthink CUNY is easierthanBuffalo. For professors it is much more exhausting, because of student evaluations, than the more traditional law school," Marcus added. But Marcus is hopeful and idealistic, and wishes that the forces of tradition will not predominate and preempt educational reform. "CUNY represented reform efforts for a lot of us. To have an institution become anotherthree-year bar review course in New York City would be tragic, but there is only one CUNY." — by Kyle Maldiner Commentary SBA Should Trust Dean To Act On Position Paper The SBA has spent a great deal of time and energy in developing a position paper on many assorted topics to present to Dean Filvaroff in an effort to advise him on areas that are of concern to students, to "steer (him) in the right direction." Or at least that was the announced purpose. The recent reports coming out of SBA meetings and published in the most recent edition of The Opinion indicate that there is some support for sending the report to various outside organizations, particularly the Erie County Bar Association, the Alumni Association, SUNY Trustees, and "others to be named later." The reasoning for doing so is flawed for several reasons. Submitting this report to the Erie County Bar Association, et al., is a subtle way of putting pressure on the Dean to react to the suggestions. Is this any way to develop a mutually respectful and trusting relationship? The message we are sending, to the Dean and others, is that we don't have any faith that the Dean will respond in a satisfactory manner to our report. If we want to be treated like responsible people whose opinions should matter, we must act like responsible people. The proposed mailing of the SBA report to various outside interests is not responsible. I am reminded of student antics last fall and spring, when the campaign was preventing those "fancy" downtown lawyers from selecting our new Dean. Well, they didn't. The selection of the Dean was based on the consensus opinion of many people. Now, some of these same people who were afraid of the influence of the "fancy" lawyers want to invite the "fancy" lawyers in to hear our concerns. Does anyone think for a minute they will necessarily agree with the entire SBA report? It may be detrimental to the efforts of so many, who worked very hard to prepare this report, to distribute it willy-nilly to some of the groups mentioned. Another reason for thinking twice before this report is distributed is that some of the ideas presented aren't exactly original. Bear with me while I briefly rehash old history. As student representatives to the Dean Search Committee, Jim Hayden and I surveyed all the law students as to what the top 2 or 3 priorities of the new Dean should be, in order to better represent the students' interests while we served on the committee. Of all the students who responded, one said "remodelling) the basement" should be a priority. One said to "improve the 'physical condition' of this law school," and one student said "make the law school building more attractive inside for students." No one specifically recommended that we have a lounge for students that would be something more than we presently have. On the contrary, the first time I heard mention of this idea was when Dean Filvaroff originally visited the law April school and had an opportunity to view our facilities. During an interview with then-candidate Filvaroff, he expressed concern over the lack of an informal meeting/mingling place for students and faculty alike. I am confident that he continues to make this a high priority on his agenda. I was, and continue to be, encouraged by Dean Filvaroff's concern for the plight of ÜB's law students. The best way to insure this concern is sustained and mutual respect is allowed to grow is to step back from the SBA report at this time. Once the Dean responds to the report we will be in a far better position to evaluate whether other parties should receive copies of this report, and why they should receive it. 6. 1988 The Opinion 3 �Work A Day in Public Interest Yet I have found that, for the most part, the law school com- munity shares a recognition of the economic realities of society and has compassion for the plight of the poor. Not everyone is interested and/or able to work in the the public interest. The SFII pledge drive gives you the opportunity to support a worthy cause by pledging just one day of your income, a donation that seems manageable, and that puts the commitment you are asked to make in perspective. So please, when you see BPILP volunteers behind our pledge table next week, or when you are personally approached by a solicitor (who is required to make a pledge before asking you to commit), be generous. Now everyone can begin to win, and you'll be sporting the classiest T-shirt you ever bought! Dear UB Law Students, Faculty, and Administration: As the only state law school in New York, we have a special responsibility to support and stimulate work in the public interest. I am especially pleased to tell you about a new public interest program to be initiated by our law studentsthis spring. Student and Faculty Initiated Internships (SFII) will fund UB law students in summer public interest jobs in the Western New York area. Creative financing will make possible a significant increase in the number of UB law students working in the public interest over the summer. It will be a happy supplement to our own law-school funded fellow- . cont. from page 2 ships which began this sum- mer. The fellowships will be funded by UB law students aggregating a day's worth of their summer income, or in the case of graduates, a day's worth of their expected annual income. Faculty will also be asked to make a similarcontribution. We know from the experience of schools like Michigan, UCLA, Harvard, Yale and Boalt Hall, which are among the dozens of schools which started SFII, that contributions can easily add up to $40,000, and some programs fund as many as 35 students. All of the contributions to SFII will be used to help support UB law students in summer public interest efforts. The concept of devoting a day's worth of your income seems manageable and helps put the commitment you are being asked to make in perspective. I hope you will find satisfaction both in increasing the public interest effort in law, and in helping some of your friends and colleagues in this community to work in the public interest over the summer. As I join in making a personal commitmentto support theSFII drive, I want to thank the UB law students who have demonstrated special creativity, commitment, and enthusiasm in their leadership. They hope that each of us will have the satisfaction of helping begin a program that will become a natural part of the lives and commitments of members of the UB law community for many years. Sincerely, David B. Filvaroff Dean � SBA EXECUTIVE BOARD ELECTIONS � Elections for the offices of: President * Vice President * Secretary * Treasurer of the Student Bar Association will be held on: APRIL 20 & 21, 1988 All students interested in running for any of these offices may pick up petitions outside of the SBA office (O'Brian 101). Petitions must be returned to the SBA office by 5:00 p.m. on Monday, April 11, 1988. Personal statements must be submitted to The Opinion no later than 4:00 p.m. on Tuesday, April 12, 1988. The Cambodian Students of State University of New York at Buffalo are pleased to announce a guest appearance by □ DITHPRAN □ whose story of survival during the reign of genocide and terror in Cambodia during 1975-79 was told in the movie "THE KILLING FIELDS" 1 to 5 p.m. — SUNY Buffalo, Main Campus, Butler Auditorium April 23, 1988 □ □ □ THE PROGRAM AGENDA WILL INCLUDE: Literature Display. 1 - 1:20 p.m. Introduction and showing of "The Killing Fields," 1:30 - 3:30 p.m. Talk by DITH PRAN, questions and answers, 3:30 - 4:30 p.m. There is no general admission. The Cambodian Students at SUNY Buffalo regard Dith Pran's story as a powerful expression oftheir yet untold experiences as children in "The Killing Reids," and wouldlike the storyto reach the widest possible audience. Your contribution to this event, no matter how small, would be appreciated. All funds collected will be applied to a small honorarium and travel expenses for Dith Pran, as well as for overhead costs associated with Dith Pran's appearance and the showing of the film. If you wish to contribute, please make your check payable to The University at Buffalo Foundation Inc. and mail it to Charles L. Bland, Division of Undergraduate Academic Services, State University of New York at Buffalo, 106 Norton Hall, Amherst, New York 14261. Any questions may be referred to Dr. Bland, home phone 631-3193; office phone 636-2450. JKBAR/BRI STUDENTS wSair pass THE LjDi BAH WV 4 The Opinion April 6, 1988 �The "Right" View .. . . by Kenneth Neeves UB's Q-Train Engineers Lack Intellectual Foresight by Kenneth D. Neeves Several years ago Dean Paul Carrington of Duke University Law School compared the training of lawyers with the training of riverboat pilots as characterized by Mark Twain: "Twain, the cub pilot, attempted what generations of law students have attempted, to assimilate an enormous mass of detailed information. And, like law students, he came only gradually to the full realization that his subject was elusive as well as complex, that no amount of sheer memorization of information would ever be enough to make him a good pilot. "And of course one proper response to such a condition is to perpetuate the enterprise of study, to try to keep learning the fugitive subject." So Twain describes how the bigger boats often carried supernumerary unpaid pilots whose own boats were being refitted or repaired; they traveled 'to look at the river,' to refresh knowledge of transient marks and channels. Their training had at least provided them with a framework of understanding that enabled them to relearn the river as it changed. "Indeed, Twain noted, a welltrained pilot could even assimilate entirely new data quite rapidly; he tells ofHorace Bixby mastering the intricacy of the Missouri river with a single preparatory trip. We doubtless share responsibility for providing similar framework adequate to permit our students to become their own teachers." In short, Dean Carrington viewed the law school as a place where learning carried the highest value. This value would then be carried with the student as he or she ventured into the river of law. The law school, then, should be an intellectual community; one where knowledge and reason prevail over emotion and unreasoned reaction. If one were to read theBuffalo Law School "Bulletin" it would appear that U.B. strives to attain this type of community. "The relaxed style of the faculty carries over to the students. Many are delighted to find a strong HODGSON R CI 3 3 ANDREWS WOODS & GOODYEAR We Invite You To A Reception To Discuss The Opportunities Available In Buffalo For Developing An Exciting, Sophisticated And National Law Practice. . camaraderie and supportiveness among their peers [F]aculty emphasis on the process of legal reasoning encourages intellectual growth This is one of the major pluses of the law program. At the same time, the congenial atmosphere is not achieved by sacrificing intellectual depth and rigor." The prospective U.B. student, then, expects a unitary institution where students and faculty alike navigate something akin to Paul Carrington's intellectual river. The actual student is likely to see something different as he or she looks out the windows of the 'Q' train. Indeed, it is difficult even to discern if the engineers of this train have a destination in mind. Our new dean, who comes to us from far away (after many years of searching), has a "high Remember, please respond by Tuesday, April 5. c/o Career Development Office Room 309, O'Brien Hall — SBA Briefs hell with intellectual merit, everyone should have a seat on the sixth floor. If there is a common thread to these concerns, it is not knowledge and reason. It is a pervasive infatuation with the trivial and the ideological, which sometimes coincide. This is in contrast to Dean Carrington's view of what a law school should be. Rather than a community of scholars, we have a group of between eight and nine hundred people making a poor attempt at coexistence with no overriding common goal. The possibility exists, of course, that this represents the aspiration of the law school to be an anti-intellectual community. It would then be left to an "outsider" to question which of the Buffalo model and the Carrington view is more desirable. . — . . by John Williams Apathy at Law School Is Shocking Approximately one-third of the law school population stands to lose a large portion of its financial aid, and most don't seem to care. I was amazed at the small number of students who attended the meeting at which Dean Filvaroff discussed the possibility of SUSTA being cut. What was even more shocking was the fact that only three students volunteered to help with the letter-writing campaign. It seems to me that students, especially those who are going to be most affected by the cuts, simply don't care. This attitude can be attributed to several things: 1) apathy; 2) unaware- ness; and 3) stupidity. This student body, as well as most other student bodies, is plagued with apathy. Under normal circumstances apathy is found in theformof non-participation in school events or by not filling out simple surveys, e.g. grades orcourse selection. For students to be apathetic about trying to save SUSTA is disturbing. Although we all may not receive SUSTA, our entire student body will suffer if this aid is cut off. If SUSTA reflects a third of our students, you will eventually look to your left and right and won't see one of your friends around here I would like to attribute the lack of support for saving SUSTA to students being unaware of the potential ramifications of the proposed financial aid cut. Hopefully it is this lack of understanding that has caused minor particpation from the student body. In the end I think stupidity has most likely played the biggest role in this fiasco. Most of the people who are going to be affected by these cuts are mature enough to realize that the cuts are pending. Those of you who chose not to do anything about it havecommitted a stupid act. next year. America Is Guilty As Charged by Martin Sanchez-Rojas For the past seven years the United States government, through the CIA, has been waging a war of aggression against Nicaragua in an attempt to crush the popular revolution of 1979. The contra forces have been compelled, forced, tricked and payed into fighting a war against the Nicaraguan people. The Nicaraguan people do not want war but are willing to go to theends to prevent a government created out of the former servants of Somoza from coming to power. Now President Ronald Rea- Wednesday, April 13,1988 At The Buffalo Marriott 4 p.m. - 6 p.m. priority" of establishing a student lounge. The student leaders see a compelling needtoget the undergraduates out of the library. The faculty, despite the Bulletin's emphasis on congeniality, maintains that there are some things we simply cannot talk about. At least one student organization sees its role as promoting worldwide justice by getting rid of the U.S. military while embracing the P.L.O. Perhaps this is not a totally "fair" view of the law school community, but it is supported by a look at the last issue of The Opinion. It includes the presentation of several student lounge proposals. Following these is a complaint that 'our grades don't get posted quickly enough.' And, of course, there is a recurrent call to "democratize" or "collectivize" the Law Review. The message is clear to gan's vision of a viable solution has been initiated. Over 3,000 military soldiers and their sophisticated weaponry have been sent to that "democratic" republic of Honduras at the "request" of Presidente Azcona. How much more illegality can the citizens of this great "constitutional law-abiding democracy" take? The United States has been a partner to crimes that have shaken the foundations of international law and human decency. It has not acknowledged the overwhelming opinions of its own people to stop this useless and senseless war on the poor and proud people of Nicaragua. It has gone beyond risking the condemnation of the people on this planet, because it has already been condemned. The people of Nicaragua simply want to be left alone. Their revolution will not fail as long as the contra terrorists persist. On June 27,1986 the International Courtof Justice, the highest judicial body in the world, ruled that the United States government was in violation of international law in its policy toward the of Republic Nicaragua. Among the Court's findings were the following: 1. The United States government is guilty of eight separate attacks against the Republic of Nicaragua in violation ofArticle 2 section 4 of the United Nations Charter which prohibits the threat or use of force against the territory of another state. 2. The United States government is guilty of training, arming and financing the "contras" in violation of Chapter IV, Arti- cle 18 of the Organization of American States which says that no state "has the right to intervene, directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other state." 3. The United States government is guilty of mining the harbors of three Nicaraguan ports and imposing an economic embargo in violation of the 1956 Nicaragua-United States Treaty of Friendship, Commerce and Navigation. According to the United States Constitution, Article 6, Section 2, all treaties made by the authority of the United States are supreme law of the land. Therefore, the United States government is guilty of violating the United States Constitution. The Supreme Court of the United States has ruled that every individual citizen is personally bound by all treaties made by our government. Therefore, WE are legally responsible for upholding said treaties. The Nuremberg principles, originating out of allied-sponsored international military tribunals at the end of World War 11, clearly state that individuals have international duties which transcend the national obligations of obedience imposed by the individual state. Nicaragua is but one of the many victims of the CIA. The people of Chile and Allende were victims; the people of Guatemala and Arbenz were victims; the people of the Dominican Republic and Bosch were victims; the people of Brazil and Goulart were victims; the people of Angola and the Azanians of Mandela's land are victims. Will this new excursion to Honduras by the United States create new victims: U.S. soldiers and their families? The CIA and the United States government are guilty as charged. April 6, 1988 The Opinion 5 �opinion SBr STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 6, 1988 Volume 28, No. 12 Editor-in-Chief: Krista Hughes Managing Editor: Zulmaßodon Features Editor: Daniel Ibarrondo Business Manager: Melinda K. Schneider Staff: Idelle Abrams, Derek Akiwumi, Andrew Bechard, John Bonazzi, Wendy Ciesla, Karen Comstock, Joseph Conboy, Donna Crumlish, Andrew Culbertson, Molly Dwyer, Tom Gagne, Michael Kulla, Jeff Markello, James McClusky, Pat Miceli, Kenneth Neeves, Alexei Schacht, Damon Scrota, John Williams. Contributors: Robert Boreanay, Sophie Feal, llene Fleischmann, Shawn Griffin, Kyle Maldiner, Maria Rivera, Martin Sanchez-Rojas, Martin Schwartz, Fiona Smyth-Horch. © Copyright 1986, The Opinion, SBA. Any reproduction of materials herein is without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. strictly prohibited Composition and Design: Words and Graphics, Inc. Editorial World Hunger is Still An Issue "How can you say you are not responsible? What does it have to do with me? What is my reaction? What should it be? Affronted by this latest atrocity. Driven to tears ..." — Sting It takes a total of perhaps fifteen minutes to order and consume a fast-food meal. In that short span of time over 300 people on this earth will die of hunger, three-quarters of whom will be children under the age of five. Over the course of a day 35,000 people will die of hunger, in a week almost a quarter of a million. World hunger seemed to have slipped from the focus of our concern once the uproar surrounding BobGeldof's 1985 Feed the World crusade died down. But world hunger, although out of the spotlight, has not seen a decrease in percentage or in actual numbers since long before the 1984 famine which devastated northern Africa and which was the starting point of Geldof's campaign. A group at UB is hoping to bring world hunger back into the spotlight. The World Hunger Interest Group (WHIG), although only a year old at ÜB, is already taking steps to both educate about world hunger and try to alleviate it. Currently the group is planning a fund-raiser for April 16. Volunteers are needed to seek out at least $10 in hourly sponsorships and then work in teams on various clean-up activities around the University Heights Community. The event is called "Pride in Buffalo" and will take place from 1-4 p.m. Half of the money raised will stay in Buffalo to fight hunger and homelessness here. The other half will go to the National Student Campaign Against Hunger to fight hunger worldwide. Several law student teams could raise a great deal of money for a crucial cause, and the event would be a prime way to burn off pre-exam anxieties. If anyone is interested in forming a team, please contact The Opinion or student organizer Greg Towne (636-2375). This would be a great chance for the law school to interact with the rest of the university. WHIG is also planning to sponsor an information table on April 21 and 22 on the ground floor of Capen Hall. Volunteers are needed to person the table and anyone who is interested may contact Ann Hicks at 636-2807 or Father John Zeitler at 688-2123. The convenor of WHIG is Dr. Allan Canfield, an undergraduate advisor and former law school assistant dean. He encourages all students, faculty, staff and alumni to become involved in these and other efforts to end world hunger. Bob Geldof, in his autobiography Is That It?, makes an impassioned plea: "Everyone can do something. No matter what you do, you can do something. Use your talent, your circumstances, anything. There~are millions dying in agony. How many more children will you let die in your living rooms before you act?" Please think about these words the next time you sit down to a meal, or the next time you find yourself describing your appetite as being "starving." You're not, but you can do something to help people who are. Page six The Opinion April 6, 1988 ThOepinoMailbox SUSTA Not An Issue For SBA To The Editor: The March 16 Opinion editorial states: "Earlier this academic year a letter-writing campaign sparked debate over what is 'political' and many people disapproved of the use of student funds to finance political activities with which only a portion of law students agreed. A letter-writing campaign is in the air again, but this time the cause is one with which no one should disagree." It is unclear whether through use of the permissive "should" the editors are simply issuing a moral proclamation, but the fact remains that there are students who affirmatively support the cut in SUSTA aid. This may be the reason one SBA senator voted against the campaign. These students have paid compulsory student fees which are being used to lobby the state legislature for ideas they oppose. I take no position on the SUSTA issue, but strongly object as a matter of principle to the use of SBA monies to lobby the legislature to promote spe- cific legislation. As Thomas Jefferson has said, "To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." Law Women" Lambasted "UB Dear Editor: It has been 15 years since I wrote my last "letter to the editor," but I suppose every 15 years my sensibilities are offended sufficiently to motivate me to respond to something printed in a newspaper. I found the response to Phi Kappa Theta's vulgar party announcement in the March 16 issue of The Opinion to be equally as vulgar. I am a UB Law woman, and I do not endorse a "Drink Until He's Not a Sexist Pig" party, nor was I asked if I wanted to endorse this party. I find this particular fraternity's antics to be reprehensible, but allowing oneself to be reduced to this snakes-belly level will not resolve this fraternity's obvious misconception about the role of women. I would recommend a more thoughtful approach, such as letters of protest to the frater- The Burden of The Protest Is On Those Who Disagree by Shawn Griffin to Troy In response Oechsner's article calling for the end of JAG interviews on campus I would like to recap my position on this subject. After reading his response it seemed quite clear that he missed my point completely. Let me preface this article first by saying that not all issues are black and white. The NLG has consistently tried to protest issues as if there are only two sides to the argument with theirs being the right one. The issues they raise are often complex and require a great deal of thought. If you are going to involve yourself in such issues, Troy, I think you should at least realize this fact first. A large portion of our student body has been turned off by the short sighted attempts of the NLG to protest an issue. But please Troy, if you or any other individual or organization wants to protest an issue about which you feel strongly I encourage you to do so and I am studying so as to defend your right to do so. This right is the cornerstone of our right to freedom of speech. It is at this point at which I take cause with your issue and make my point. It is your right under the protection of freedom of speech to protest but along with this right comes the responsibility of carrying the burden. If the JAG hiring practices are something that you and the NLG feel strongly enough about to protest, then it is incumbent upon you to bear the burden of this protest. Other students may not want to bear the burden of protesting your cause or they may not feel as strong about the issue or they may disagree with your views. As with all issues there are people at both extremes as well as people in the middle. (Issues are not black and white.) By preventing JAG from interviewing on campus you are making the students who wish to interview To this I would add that it is also highly unethical and especially inappropriate in the context of the State University Law School. Kenneth D. Neeves bear the burden of protesting your issue. Don't miss my point, Troy. Preventing JAG from interviewing on campus is a form of protest not a means to change our government. If nity governing body, requesting sanctions against this group of delinquents. At the risk of sounding I am also concerned about the encouragement to drink to excess ("this requires an infinite amount of alcohol.") We need only to look back a few issues in The Opinion to be reminded that overconsumption of alcohol can be dangerous to innocent people, as our fellow student learned when a relative was killed by a drunk outside Ryan's bar in Canada. I support freedom of the press, but I also believe in responsible journalism. The two needn't be mutually exclusive just because The Opinion is a student publication. I would suggest that anyone submitting copy to the editors of this publication reflect on the truthfulness and message of their material before asking that it be printed. Sincerely, Kyle Maldiner 2nd Yr. Student P.S. It must be remembered that not all fraternity members are insensitive slobs. Witness the fraternity members who volunteered to escort women at night in an attempt to avoid more rapes. prudish, continued on page 11 Faculty Statement May Do More Harm Than Good Dear Editor, On February 17,1986theStudent Bar Association voted to endorsethe "Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment." This is not surprising in light of John William's correct characterization of SBA members voting policy as one of voting "to be popular with certain groups at the cost of being unfair to the student body." (Opinion 2/17/88). What is surprising is the Opinion's support of the statement in their editorial entitled "We Have to Start Somewhere" (2/17/88). The newspapers are often the trumpeters of First Amendment rights, yet at this school the fourth estate is casually accepting these restrictions as a place to start. While there has been some student opposition to this farreaching policy, apparently the majority of students either support it or have not taken a position. Meanwhile, the administration has not taken any action on a complaint which was submitted on January 7, 1988. The complaint has been placed in a committee (the Faculty Student Relations Board) which doesn't even think it has jurisdiction over the matter. Evidently, many do not believe the statement will or can prohibit actual speech. These students should read The Wall Street Journal's editorial of March 14, 1988 titled "Dartmouth's Vexations." One can see those favoring this policy are not alone in their expressions of intolerance against certain viewpoints (i.e., conservative viewpoints). At Harvard Law School (many would say we are in good company) then Secretary of Defense Casper Weinberger was prevented by a crowd from speaking. Jeane Kirkpatrick was silenced by Berkeley, Smith, Barnard and the University of Minnesota and Alexander Haig was silenced by Tufts. The rights ofconservatives to speak and correspondingly the rights of the listeners to hear what they have to say is being silenced with hardly a whimper from the supposedly honest and tolerant left. Dartmouth College allows the disruption of classes by those protesting apartheid, the CIA or other liberal causes while three conservative students get expelled for getting in a shouting match with a liberal professor —in an empty classroom. The professor, a music teacher, had a transcript of one ofhis classes printed in the conservative journal Dartmouth Review. He had taken offense at the fact that students had exposed his music class for what it was, a platform to preach liberal propaganda. As a result, one of these students was thrown out of school for up to eighteen months after he was "found guilty (of harassment) because he initiated and persisted in a vexatious oral exchange." Students are free to occupy continued on page 11 �Res Ipsa Loquitur by Daniel Ibarrondo Writer Apologizes For Publishing Insensitive Article For many weeks now, I have pondered and discussed with colleagues the contents and style of my article on the grade massacre titled "No Problem To Get Back In Top 20 Give Lots of D's" published in the February 3rd edition of The Opinion. It was acknowledged by those who were bothered by the article that themessage was understood but they expressed reservations on the manner in which I decided to write about it. I listened to the comments made by Jamaican law students at UB Law as well as those from friends and colleagues. I must admit that I was slow at understanding the gist of these comments and thusthe meaning of this apology. — The article was written in a satirical manner to express the disgusting facts of the many first-year law students who would enter their second year with at least two D's on their record. It has always been my contention that law school professors for the most part are concerned with teaching how to protect the interests of those who have. If UB Law is truly concerned with educating student who do not have or never had, then some manner of retaining these students in law school should be implemented. It was hoped the article would begin discussions on this and similiar concerns. The idea of disguising the actors involved came about by my finding of a Rasta Glossary. I de- cided to characterize one actor with a Jamaican identity and speech pattern. Although I correctly assumed that those familiar with my Res Ipsa Loquitur column would bypass the characters and understand the gist of my satirical message, I unconsciously assumed that my fellow AngloSaxon law colleagues would have the intellect to know that not all Jamaicans speak in the manner in which I wrote. In fact, there were many, many grammatical errors in the way I attempted to construct my idea of a Rasta speech pattern. I wrongly assumed that I shared halls and classrooms with students concerned about intellectual pursuit. If anything, the article could have served as a point of conversation to begin to understand the Jamaican people and culture by asking your fellow colleagues. Instead, it was used to intellectually undermine the victimizer. As a Puerto Rican, and one who understands the powerful use of the media to create stereotypes and false information in order to satisfy the feel- bo^bn wl l *" M ings of inferiority and insecurity evident in those who believe and perpetuate these myths, I clearly apologize for the insensitivity expressed in allowing such an articleto be published. This has truly been a learning experience for me. Unfortunately, it was not a learning experience for those who really needed it. 415 V Seventh Avenue. Suite 62 New York. New York 10001 (212)594-J696 (201)623-3363 Commentary by Zulma Bodon Who Said America Is Not Readyfor Jesse Jackson? In the past month or so we have witnessed a significant transformation in our country's presidential race. Jesse Jackson is once again running for President. But this time he has built a solid, energetic campaign that is getting the support of a wide spectrum of people across the nation. Even more important, Jackson's candidacy is no longer one which only symbolizes the concerns and aspirations of black people. His candidacy has reached a level of legitimacy in American politics, and the white establishment is running scared. The media, in particular, has done a good job at undermining the powerand legitimacy of Jackson's political platform. The coverage he has received has been not only dismal, but quite condescending. "What does Jackson want?" has become a typical media question for which no one has the answer. Did it ever occur to anyone that he in fact wants to be President? Why is this hard to believe? Why is Jackson's underlying motivation any different than that of other candidates? What about Gore and" Dukakis, what do they want? The way in which the media has reported on the Jackson candidacy suggests that racism and inequality remain deeply embedded in the fabric of our society. In view of the fact that Jackson stands second in the race for the Democratic nomination, this is a clear indication that the media is attempting to undermine the strength of the Jackson candidacy. Even more disturbing is the media's attempt to convince us that our country is not ready for a black President. This media blitz is not only unfair and deceptive, but racist. Who said America is not ready for a black President? Do they really want us to believe this? Let us all remember that only 30 years ago America was not ready to have black people riding in the front of public buses. Who made America ready for that? Also, let us not forget that less than 50 yearsago our country was not prepared to allow women and people of color to become members of the American Bar. Who made the Bar ready? Relatively speaking, 30 or 50 years of history is a very short period of time for bringing about important social change. To accept the premise that our country is not prepared to have a person of color in the Oval Office is not only dangerous but a very unhealthy and immature political position to take. It only serves to promote divisiveness among people and to enhance racism. Why is it that no one dares to attack Jackson on some legitimate political issue? And why is it that no one cares to ask what Jackson thinks about for- Guild Perspectives eign policy, about domestic issues and the like? Because he is black? A responsible political position would be to challenge Jackson, or any other candidate, on these types of questions; on issues we believe will help us make an independent and intelligent decision as to who we want as President. It would be fairand legitimate for the media and the voters to question the fact that Jackson has never held a legislative position at a local or national level, yet this type of concern is rarely raised when the Jackson candidacy is discussed. Why? A more dangerous consequence of accepting the "America is not ready for Jackson" theme is that it really works, since the majority of the working class depend solely on the established media for information. As a result, they are constantly injected with deceptive and biased news. Even those of us who view ourselves as politically sophisticated sometimes get wrapped up in the same political limbo. And the worst part is that we too begin to believe, and thus fail to inquire beyond what is immediately available to us; we simply absorb and think we are getting a real political education. Let us be truthful about ourselves and about our future. Altering the value system of our society is in fact a slow and difficult process, but it is one that can be achieved. An optimistic and progressive vision of the future is what has led our country to be in the forefront of change. It is this notion of progression and change which makes this country ready for a black President. Jesse Jackson's candidacy is a long-awaited and refreshing change indeed. This is so whether or not we plan to vote for him. by Andrew Bechard and Molly Dwyer The End of Reaganomics, The Start of an Old Beginning We have a good deal of ground to cover with this installment of "Guild Perspectives" but to preface the local events happening on the UB campus and in Buffalo let us widen our scope to a national level. Many of the people working in the National Lawyers Guild and in other progressive political movements in this country have felt themselves to be constrained and defensive for the last eight years. The Era of Reagan, which has destroyed much of the gains of progressive political work and activism, has clearly come to a close. The Reaganomics which has sharply divided this country along class lines and has turned millions of Americans into unemployed people, underemployed people, homeless people and poverty-stricken people is finally being brought to light. After his unsuccessful bid for the United States Senate in 1986,Mark Green, writing in the "Village Voice," foretold of the end of the "Reagan Revolution." That November the IranContra scandal was first brought to light and Green pre- dieted that the moral and ethical depravity and the lawlessness surrounding that scandal would be the spark that shifted the political and societal attitudes of our nation. "Morning in America" didn't really have anything to do with light and hope, it was just a pleasing media image, produced to conceal a venal and black record of economic injustice, blatant abuse of civil rights, and international murder, destruction and imperialism. All you have to do is pick up a paper or a magazine and you can see the shift. Absent from the mainstream media is all the "yuppie porn" that dominated just a few years ago. Cover stories and analysis are being done on gay rights; discrimination, housing, poverty, illiteracy, day-care. Probably the most remarkable story of all is that the mainstream media are no longer treating Jesse Jackson like a civil rights-single issue candidate but are now treating him like a real candidate (of course they have to the Jackson campaign is the poorly — funded, volunteer rich movement that has pushed Jackson to just a few delegates behind the well-oiled technocrat machine from Massachusetts the mainstream media is now having to admit that Jesse can — win). •The thing that is inspiring the most hope in Guild members is the student movement. Yes, you just saw the words: STUDENT MOVEMENT. Popping up out of the Era of Reagan, going against the current are students. Not just in Columbia, Yale and Harvard but at American, Rutgers and Buffalo. The oldtime progressives are tickled. In the March 26th issue of "The Nation," devoted to the new student movement, the editorials gushed: The debate has begun about the nature of the new beast. Not many in their right mind say they want a revo-o-lution now, but is it time for a new surge of socialism, Westernstyle? Has another populist moment returned after a century or so of elitist rule? Is there, in fact, a movement of the 1990s already in for- mation, a coalition of coalitions, Rainbow and populist, black and white and pink (at least) all over, student/ worker/senior/liberal; peace-prone, gender-sensitive and solidarity-specific. No less an authority than New York Governor Mario Cuomo observed recently that great changes in the configuration of politics are taking place. He was asked about the sudden surge of Jesse Jackson's campaign in the week before Super Tuesday and Jackson's endorsement by Texas populist hero Jim Hightower. "But what's so new about it?" he shrugged. "It's the way we were raised. It's the sixties ." . . Getting back to acting locally. There are three items which we would like to address with the remainder of the article: an upcoming symposium on South Africa, an upcoming visit to UB Law by the FBI, and the upcoming Buffalo Guild potluck dinner on April Bth. South Africa Symposium In the beginning of March of this year, South African Presi- dent P.W. Botha ordered 17 black political organizations, including the United Democratic Front, to cease all activities. The largest black trade union, the Congress of South African Trade Unions, has been told that it can continue to function only if it stays out of politics. These bannings are even more sweeping than the emergency regulations that Mr. Botha imposed on the country in 1986. (See "The Economist" 4 March 1988.) It is against this new backdrop of repression that the AntiApartheid Solidarity Committee of the GraduateStudent Association of UB will be holding its second annual Symposium on Southern Africa. The Symposium will be at Butler Auditorium on Faber Hall on the Main Street campus and will happen on Saturday, April 9th. The Symposium is designed to provide an in-depth analysis of Apartheid and will include representatives from the five frontline states as well as representatives from the ANC, SWAPO, South African trade unions, the National Confercontinued on page 10 April 6, 1988 The Opinion 7 �City Court JudgeRaul Figueroa Looks Back On UB by Daniel Ibarrondo More than ten years ago he sat in the classrooms of UB Law School balancing the workload of first-year courses along with his private family life. The son of a working class family who moved to the United States from Puerto Rico and settled in Dunkirk, New York in the hopes of seeking better opportunities. It was an era when early labor migration from Puerto Rico moved to the northern farming communities.They were part of the first wave of migrants who for the most part had minimal urban skills, yet a strong drive to excel. Convicts Await Appeals by Martin B. Schwartz On Tuesday, April 19,theBuf- falo Public Interest Law Program will sponsor a conference addressing the legal aid appeals crisis in Erie County. In the October 15, 1987 issue of the Buffalo News, one of the headlines read: "Case Delays May Force Inmates Release." Judge Michael F. Dillon, Presiding Justice of the Appellate Division of the State Supreme Court, Fourth Department, told the Erie County Legislature's Budget Committee that "the non-profit Legal Aid Bureau's operation currently has four hundred and twenty unresolved appeals." This includes two hundred and eighty cases that are more than two years old and in danger of possible action by the federal courts. UB Law Professor R. Nils Olsen has filed a class action habeas corpus petition in U.S. District Court on behalf of indigent convicts who are still waiting for their first appeal. An Erie County Bar Association study has criticized the county for shortchanging the poor with respect to legal aid. Does Erie County provide sufficient funding for legal aid to the poor? What is the current status of the criminal appeals backlog problem at the Legal came along the educational and employment advantages were extremely difficult to obtain. I was lucky, however, that there was only one high school and we all Hispanics, Polish and Italians received the same quality education. Raul Figueroa, born in Ciales, Puerto Rico, was eleven years old when his family decided to migrate to the United States in 1958. The town of Dunkirk was foreign, mostly populated by Polish and Italian peoples, and at times hostile to the newcomers. It provided, however, no segregated schools and a cohesive Hispanic community. The yearning for knowledge led him to Fredonia College where he obtained a bachelor's degree. In 1973, he decided to attend UB Law School, where he graduated from in 1977. After working as an attorney with Buffalo's Corporation Counsel and the U.S. Attorney General's Office, Raul Figueroa was appointed by Mayor Griffin as a City Court Judge. Sitting high in his chambers at 50 Delaware Avenue, Judge Raul Figueroa candidly responded to the questions posed in this Opinion interview. Opinion: What was your experience as a Hispanic in the United States? Judge Figueroa: When my family moved to Dunkirk in 1958, it was very difficult to settle in back then because of the prejudice. When Hispanics Aid Bureau of Buffalo? What are the implications of this problem for the Buffalo community and the legal system in general? These questions and others will be addressed at the conference. Panelists will include Justice Dillon, Ms. Helen Zimmermann, the Acting Interim Executive Director of the Legal Aid Bureau of Buffalo, Professor R. Nils Olsen, and Mr. Kenneth Manning, Esq. of Phillips, Lytle, Blame and Huber. The discussion will be moderated by Martin B. Schwartz, Vice-President of Projects, BPILP. The discussion will begin at 7:00 p.m. in Room 108 of O'Brian Hall. All students, faculty and the general public are invited to attend this important event. — — Opinion: What was your experience like in law school? Judge Figueroa: My class was, in a sense, an experimental class. The law school had moved from downtown to Amherst and therewas a larger student population. I didn't like the "cut throat" competitive attitude that existed. My law school experience was different than your average student because I was a married, older student. I took law school as a job. Took my classes and continued with my family life. Of course, I also studied about twelve hours a day. Opinion: What type of student did you consideryourself? Judge Figueroa: Well, I studied hard and read my cases. One thing I didn't enjoy about law school was that you didn't get credit for what you did all semester. Then again, that's the nature of the profession in a way. I got some D's, I knew the ma- terial but had a difficult time putting it on paper. Grades, however, do not reflect a person's ability to do a good job. Opinion: What was your experience as an Hispanic attorney? Judge Figueroa: I had a hard time looking for a job in Buffalo. This city has a saturated market. I had many job offers in New York City, Michigan, Florida and Puerto Rico. Opinion: What advice would you give to law students? Judge Figueroa: Be persistent in what you do. Don't lose track of what you want to do and as far as ethics and morals are concerned, be honest with yourself. In order to be a successful attorney, you have to work hard. Continue to strive for what motivated you to go to law school. Law is an exciting profession but there's no stability. And, always maintain sensitivity. Callousness brings clouded visions. It was time for him to robe and begin his daily duty and apply justice and fairness. As the interview ended, I thanked Judge Raul Figueroa for his time and honest discussion. Truly a humble and intelligent man. Howtorunyour own snow ILS Fulfills By-Law 13 (The following article has been published to comply withSBA's By-Law 13 requirement.) " The International Law Society (ILS) is an organization of law students who share academic and career interests in the field of international law. The purposes of the International Law Society are to promote the study of private and public international law and of international organizations and institutions; to promote the comparative study of the legal systems of the world, thereby to foster communication and understanding among citizens of different nations; to promote greater understanding of international organizations and institutions and their capacity to bring about by peaceful means, in conformity with the principles of justice and international law, the resolution of international disputes and their function in the promotion of world objectives of ah economic, social, cultural and humanitarian character; and to educate ourselvesand others in these areas of knowledge through discussions, speakers, research, publications, and other appropriate means. All law students are invited to join. The International Law Society Office is located on the basement level of O'Brian Hall in Room 7. For further information, please contact Jennifer L. Krieger, box 431. 8 The Opinion April y / _Jf ' jfl •ji JH *) V J «!§ l> vJn&r>) / mJ "V fe I'M*M I B c#' ■ j 4 ,' k \V ! ■k R Ji t § M il9 ffrr_ 6. 1988 vmjjz&m ■' V*fa everything you'll want V ' tr-'i ■ 9 aMpd ■ The American Express* Card can play a starring role virtually anywhere you shop, from TUlsa to Thailand. Whether you re buying aTVor a T-shirt. So during college and after, it's the perfect way to pay for just about "■■ College is the first sign of success. And because we believe in your potential, we've made it easier to get the American Express Card right now. Wiether you re a freshman, senior student, look into our new automatic approval or offers. For details,pick up an application on campus. Or �~li\^ J~¥\ "I f iSIL^ EXTRA MILE wfl I Pieper gives something in I addition to what is due, I I I I expected, or customary .Jrunsthe I I I I I II I I FOR YOU! i I I jjf in a Bar Review Course. I I This extraordinary effort I is making the difference. I {Jjj 1 your Pieper Representative or I fifflp I telephone: If I For more information contact (516)747-4311 Wp PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 I I I I April 6, 1988 The Opinion 9 �Miss Social Procedure by Fiona Smyth-Horch Graduation Etiquette For Those Who Need It Most Dear Miss S.P., Who should I invite to my graduation? My grandmotheris elderly and incapacitated; it would be a real inconvenience to get her here and situated. I also know that my mother's cousin's widow loves to be included even if she isn't a close relative and she always gives generous gifts. Can't I bend the rules here? Wondering Dear Wondering, No, you can't. That's why there are rules. Announcements are sent to those who may be interested and invitations are sent to close relatives. I don't mean those tacky pseudo-formal critters one orders from the Office of Bad Manners in O'Brian Hall. Write, yes write, a note to distant friends and relatives on the order of "I thought you might be interested to know I'm graduating from law school soon." Include appropriate references to the recipient and his or her family. Invitations take the form of being "pleased if you would come to my graduation" naming time, place, date, etc. Call in a few days to clarify directions, tickets, transportation, and other practical matters. If your grandmother wants to come to graduation, it would behoove you to do whatever necessary to see that she gets there up to and including riding her piggyback onto the stage to collect your phony diploma. Cousin Generous could come to a graduation party and perhaps could lend you an adding machine. By the way, have you considered corporate law? — About Thank-You Notes In the flood of graduation questions, it did not slip my notice that no one asked about thank-you notes. I am not surprised. Never, repeat NEVER, send a printed thank-you card at any time for any occasion. First, thank you notes should be written the day a gift is received, but since we all pretend the U.S. mail is delivered by tortoise, a two or three day lag is permitted for sobering up. Second, since truth and etiquette are not related, it isn't necessary to report spending money gifts in any particular bar or cheap motel. As a public service, here is a prototype thank-you note; make appropriate selections: Dear (1) Aunt Ethel (2) Dr. Jung Thank you for coming to It was so I hope (3) Boy Toy my graduation ceremony/party (1) A family gathering is never the same without you. (2) You can't imagine what I've been through the past three years. (3) Did you notice I was naked under my gown? (1) nice to see you looking well after the gallbladder surgery. (2) traumatic. (3) orgasmic. (1) to see you and Uncle Harry more now that I'm done with school. (2) I can take the bar without flipping out. (3) we can catch up on lost time starting now. I really appreciate your gift (1) I have many expenses and want to meet them myself as Mom and Dad made great sacrifices for my education. (2) but I know the whole group hated me and was out to get me. (3) I'm looking forward to Sincerely, (1) (2) (3) (1) (2) (3) have already I'm still sore. having a good talk with you at Aunt Sadie's Memorial Day picnic. the day I'll take over the world. more of the same. your loving niece/nephew, Ann/Louie Napolean Hooter Off The Court by Andrew Culbertson Biancalana Will Not Start, Or Appear On Letterman In past columns I have talked about such things as alcohol, racism, and greed as they relate to professional sports. As I sat down to write this issue's column, I realized that I couldn't bring myself to write another column attacking the world of sports. Having just finished a brief, coupled with the reality that it's almost spring and still 20 degrees outside, I decided to write something upbeat. To this end, I've decided to dedicate this column to Jeanne Dixon, and make a few sports predictions. I realize that predictions are usually made at the beginning of the year, but what the hell, I wasn't writing this column at the beginning of the year. Since I've never done this before, I'll start with the obvious ones: ■ Bo Jackson will spend most of the upcoming baseball season in the minor leagues. By the time the next NFL season rolls around, Bo will be playing full time for the Raiders, and will win the AFC rushing title. ■ Billy Martin will be fired. ■ Don Mattingly will win the MVP Award, and Dwight Gooden, returning to his old form, will win the Cy Young Award. ■ Darryl Strawberry will have an outside shot to become thefirst player to hit 50 home runs and steal 50 bases in a single season. Unfortunately, a series of continuing disputes with Mets Manager Davey Johnson will land Darryl on the bench. ■ Gene Mauch, if he returns to managing, will not win his first pennant. ■ Mario Lemieux, not Wayne Gretzky, will win the NHL MVP Award. ■ Denny McClain, former Cy Young Award winner and exconvict, will return to prison. His type always does. ■ Pete Rose won't "officially" retire. ■ Tom Watson will finally win the PGA championship, becoming one of only several golfers to win each of thefour ■ ■ ■ ■ ■ professional majors. Arnold Palmer won't win his first PGA championship. Buddy Biancalana will not start, will not play in the World Series, will not appear on Letterman, and will not surpass Ty Cobb on the alltime hit list. Isaiah Thomas will make insulting comments. Kareem Abdul-Jabbar will announce that he's going to play yet another season. Jim Boeheim and the Syracuse Orangemen will choke in the NCAA Tournament (whoops, they already did). That goes for next year as Jessup Moot Ct. Bd. Active {The following article has been published to comply with the SBA By-Law 13requirement.) The U.B. Jessup Moot Court Board was established in May, 1987 by Susan Collins (Founding Chair), Chuck Johnson, Peter Baxter, Larry Lane and Bill Sandler (Founding Members) in response to strong student interest in international law and oral advocacy. The purposes of the Jessup Moot Court Board are to promote an understanding and recognition of the principles of international law; to educate students in the principles and purposes of international law and of international organizations and institutions; and to engage U.B. law students in international, national, regional, and local moot court competitions. 10 thereby improving their knowledge and experience in dealing with international law. Students competing in the 1988-89 Jessup International Law Moot Court Intramural Competition will be required to submit a 5-7 page brief on a problem of international law selected by the Jessup Board and to present oral arguments in front of a panel of judges. The written portion of the competition will be administered during the summer recess. An orientation meeting will be held later in the semester for interested students. The Jessup Moot Court Board is located on the basement level of O'Brian Hall in Room 7. For further information, please contact Jennifer L. Krieger, Chair, box 431 or Kimi L. King, Vice-Chair, box 424. The Opinion April 6, 1988 well. Just to prove that I'm willing to put my credibility on the line, here are a few long-shots: ■ The Georgetown Hoyas, under the tutelage of John Thompson, won't get into any fights next season. ■ Mike Tyson will lose to Michael Spinks. owner ■ Yankees George Steinbrenner won't publically comment on his team's ■ ■ ■ ■ playing ability. Dr. J will check into a drug rehabilitation center. Bobby Knight won't be assessed any technical fouls, and he won't throw any chairs. Phil Rizzuto will finally be elected to the Hall of Fame. No one will bitch and moan about the use of instant replay in the NFL, the threepoint line in college basket- The End of Reaganomics ence of Black Lawyers and the Lawyers Committee for Civil Rights Under Laws. This event is being co-sponsored by the National Lawyers Guild along with a number of other graduate groups on the UB campus. For more information you can contact the NLG office at 636-2161 in Room 118 O'Brian Hall or the Anti-Apartheid Solidarity Committee at 636-2960 in 103 Talbert Hall. NLG v. FBI We hope the Career Development Office and the UB Law Administration will take official notice that the National Lawyers Guild is opposed to the visit of Federal Bureau of Investigation Special Agent Mary Derm. The CDO has announced that Special Agent Derm will be visiting the UB campus to talk about career opportunities with theFederal Bureau of Investigation on Thursday, April 7th at 2 p.m. in Room 210 and 4 p.m. in Room 108. Organizers from the National Lawyers Guild will be on hand to ask questions of Special Agent Derm, foremost of which will be the status of the litigation of National Lawyers Guild v. Attorney General which was filed in Federal District Court in 1977. Discovery from the suit ha*, produced over 300,000 pages of FBI files on the National Lawyers Guildand has revealed thatthe FBI has used over 1,000 informants inside the Guild to report on Guild activities, and to disrupt meetings, press conferences and seminars. FBI agents have repeatedly, since 1940, broken into the Guild National Office and into the private law offices of Guild members. The FBI has tapped Guild telephones and has directed efforts to defeat the political and judicial candidates of Guild lawyers. The Buffalo Chapter has a file obtained in the litigation showing reports of questions asked of UB law faculty who were thought to be involved in the Guild when the Buffalo Chapter was formed in 1974. Guild organizers will also ask Special Agent Derm why the FBI has found it necessary to infiltrate and report on the efforts ■of Central American peace activists, and why the FBI thought it necessary to recently subpoena information from University at Buffalo libraries regarding books being checked out by an international student attending ÜB. In the March 16 issue of "The GraduatePost" it was reported that the FBI claims that the international student was involved in activities that endangered the security of the even though United States all of the books and articles in question are public information and remain on the shelves of Lockwood Library. — We at the Guild wonder how long the lawlessness, the invasion of privacy and the abuse of civil liberties will go on in the ■ ■ ■ ball, or the fact that Howard Cosell has his own television show. Not one sports agent will be indicted for tampering with a college player. The Pro Bowl will be exciting. Finally, last but not least, the Bills will go to the Super Bowl. (I told you that these were the long-shot predictions.) .. cont. from page 7 name and under the cover of the National Security Act of 1947. We hope you will attend, and we hope thatthe CareerDevelopment Office will in the future decline to invite representatives of the FBI or the CIA to the UB campus. Guild Potluck Always ending on an upbeat note, the Buffalo Chapter of the National Lawyers Guild is pleased to announce its annual potluck dinner, party and general good time. The date is Friday, April 8. The time is 8 p.m. The location is 52 Rosedale Boulevard in Amherst. The Guild Potluck is open to any person who brings something yummy to eat or drink, and we encourage diversity and plurality in menu and ideology. Buffalo Guild attorneys and law students will be attending in force to answer questions, propose solutions and do much mastication. We invite new members and hope you will attend. The Committee on Law Students With Special Needs would like to interview students with learning disabilities or physical disabilities concerning possible needs for modifications in exam administration. Please leave word with Mary Land in Room 507 (telephone: 636-2167) to make an appointment as soon as possible. We would like to ask all readers of The Opinion to informlaw students with special needs who may not read The Opinionabout this opportunity. �JAG Corps Faculty Statement cont. from page 6 you want to change JAG policies you need to change our government by initiating either legislative, executive or judicial action. It is your issue and it is you and the NLG who have decided to protest. Therefore it is you and the NLG who should bearthe burden of the protest. The SBA has recently given us an excellent example of how to protest an issue as well as how to initiate change in our government. When the SUSTA funding for law students was in jeopardy due to state budget cuts the SBA held a meeting to make the student body aware of the issue (same effect as protesting). The students who felt strongest about the issue began a letter writing campaign to initiate legislative aciton while the Dean's office pushed for executive action. The key point to remember is that it was the students who felt strongest about the issue who carried the burden of organizing support and writing letters in orderto initiate legislative action. The SBA did not attempt to prevent students from interviewing with the state government. It was their issue and it was therefore their responsibility to carry the burden of pro- testing and initiating change. To finish let me again clarify my point so I do not confuse Troy or any other NLG member who feels that issues are black and white and that any criticism of them or their methods is a direct attack on their issue. If Troy or the NLG feels strongly enough about an issue they are free to protest, making theirviews known and bring the issue to our attention. But your freedom to protest carries only as far as yoware willing to carry the burden of that protest; after all, it is your view. If you want to change the JAG hiring policies there are only three ways: through the legislative, executive or judicial branches of our government. By preventing JAG from interviewing on campus, you are forcing others to carry the burden of your protest. This in effect interferes with another person's right so as to allow you to protest your issue. I am not arguing for or against the JAG hiring practices. I am simply arguing that your freedom to protest under the Constitutional guarantee of freedom of speech ends at the point at which you force someone else to carry the burden of your protest. We have all heard this before but I will repeat it: "I may not agree with what you say but I will defend your right to say it." This is exactly my point with the added caveat that along with that right comes the responsibility of bearing the burden of that right. administrative buildings, classrooms and erect shanty-towns in places expressly prohibited by the administration without fear of sanctions, yet a conservative viewpoint cannot be presented in an empty classroom! Here at UB Law, Professor Carr was quoted on the front fjlsdjfsdlfjsdlfjsdf THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE Over eighteen hours of in-class 1 INTENSIVE QUESTION REVIEW: experienced law school professors is an question analysis by course Bar Review integral part of every SMH and Kaplan-SMH at no extra cost. NARRATIVE TEXTS: The law is need to know for your bar 2 explained for you—notyououtlined—in comprehensive texts. exam our 3 UNPARALLELED CONVENIENCE: Preparation jurisdictions is available for the bar exams of nineover 100 Stanley H. Kaplan at teen Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). Colorado Connecticut Illinois Maine Maryland Florida Michigan Dist. of Columbia Massachusetts New Hampshire New Jersey New Mexico New York _ Rhode Island Texas Vermont .U, Virginia |V Ibar review services -3o Niarr y d C B,vd F aHs Tonawanda, New York 14150 (800)223-1782 (800)343-9188 - (716)837-8022 "ANY • DIFFERENT M m E S I SeeyourCampusßep,orcaii: BUFFALO AREA OFFSET • PRINTING • FAST SERVICE COMPETITIVE • PRICING S Pennsylvania ****** inKAPIAN-SMH >% i PROFESSIONAL • TYPESETTING H p c If you plan to practice in any of these jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. fvlJfm L. page of the Opinion (Dec. 1, 1987)-as saying, in defense of the statement, the faculty needed "to make some statement to people in our own house about what we thought proper procedures and attitudes are, particularly within the classroom where it is more likely that a member of the faculty is going to be confronted with a statement that shows some kind of insensitivity." With all due respect for Professor Carr (or any other professor), I certainly don't want him telling me what my "proper attitude" should be. With professors expressing views like this, is it so outrageous to think that we could find ourselves in a similar situation as at Dartmouth? Will we face suspensions for disagreeing with what a professor feels are proper procedures and attitudes? I submitthe only difference between Dartmouth and UB Law is Dartmouth's active conservative movement. (This paragraph should be self evident, but my experience at UB tells me better. These examples do not mean I favor one position over another. But privileges to speak and/or protest cannot be extended to only those who share the majority's view. After all, history has proven that sometimes a majority simply means that all the fools are on the same side.) It should be clear to all that a double standard exists on many campuses. The law faculty, by endorsing this statement is officially supporting this double standard (up to now unofficially practiced by several leftist professors at this school). I have seen no evidence that the faculty or administration is willing to correct this ideological imbalance. Perhaps the statement's existence can be summed up best by quoting Judge Robert Bork's reaction to it when I presented him with a copy: "Faculties are not to be believed." I can only hope that current students, once in the real world, will have more insight than the current faculty members and administrators and will be able to distinguish between "activity that is indeed harassment and activity that is indeed vexatious." James P. McClusky Third Year Law Student pIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIII PREPARATION FOR California • - TYPESTYLES & PAPERS RESUME SAMPLES AVAILABLE WE ARE RESUME PRINTING SPECIALISTS! CALL US OR VISIT US FOR A QUOTATION TODAY! 3171 Main Street LdtKO ° £*■"« Fkjpp 835-0100 IT 1676 Nia. Falls [iTrC\ frl r <? BuHal t} ©1987 Kaplan SMH 6 cont. from page nf\jcy.)p) (across NY Blvd. horn K-Mart) Tonawanda, NY 834-7046 .ll^illlli'iillllllli;!!!"!!!! 1!'!!!!;! 1:"!!!"!!:!!!' April 6, 1988 The Opinion 11 �Lr B0& ; " It R - -I -^J^sdllib v H 1 'S BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. (h&ibn BAR REVIEW 12 The Opinion April 6, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1988 Bibliographic Citation A bibliographic reference for the resource. 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I sincerely hope and expect as you should —that your law school education will be intellectually stimulating and, indue course, professionally rewarding. But, no less importantly, I — — hope that contrary to the associated with many image law schools it will be a pleasant experience and that you, indeed, will have fun as we jointlyexplore theworld oflaw. During the last decade or so, law schools in the United States, and elsewhere, have witnessed a sea-change in legal studies. We have re-learned the lesson of our predecessors, American legal realists, that law is not an inexorable system of rules to be discovered by logical deduction. But we also have — — Student Advocates "Socratic Method' by Andrew Culbertson When it comes to the first year of law school, everyone is an "expert," and generally has a story designed to discourage or scare the future law student. In retrospect, while I realize that there was some truth to what I was told, most of it was exaggerated. Had you beensubjected to some of the stories I heard prior to my first year (as you probably have), you might have envisioned it the same way I did: as frightening as skydiving without a parachute, and about as fun as drinking laundry detergent while rolling around on a bed of nails. For the most part, this belief stemmed from one of the more notorious law school traditions: the dreaded "Socratic method." For the aforementioned reasons, my pre-law school conception of this term was a bit sensationalized. In my mind, the "Socratic method" was a practice used by the professor to keep the class in a state ofmental terror, randomly calling upon students, and proceeding to grill them on the ins and outs of a particular case(s). The number of stories I heard were endless, albeit very similar. A student is asked to stand up and recite the facts of a case(s): for whatever reason, the student is unprepared. There is a seemingly infinite period of deafening silence, suddenly broken by the rantings and ravings of the irate professor. The student slumps in humiliation as the professor questions the student's drive and desire and states, in a less than courteous manner, that he or she isn't worthy of studying the law. All in all, it makes for a very uncomfortable scene. Luckily, I never witnessed this scene. In fact,, although I was taught by seven different professors in my first year, only one of them used what might be described as a "Socratic" style of teaching. Ironically, I now wish that more of my professors had used this style, for as I learned, random interplay between student and professor is the most effective method of teaching the law. As every law student quickly realizes, the study of law does not simply entail learning a set of rules and regulations. While the law itself consists of rules and regulations, the method or means by which these laws are (continued on page 7) Second-Year Recounts 1L Experiences by Damon H. Scrota cally I cannot begin to tell you how many times I have been asked why I want to become a lawyer. It is a query that a thousand episodes of LA Law and Paper Chase failed to answer. The search for an answer became the focal point of my first semester final exam madness. A question of who I was and what I wanted to become. Mock trial was the first challenge I encountered first semester. It became a stimulus for bonding and created a comradery amongst fellow IL's. The nights following each of three mock trials were filled with drunken revelry until 4:00 a.m. and on. My student loan began to dwindle as I partied like I never had before. Yet, somewhere in that vast reality beyond, the path to finals and grades grew shorter with each dawn. A single issue magnetically forced me to respond grades, or fear of exams, or a combination of the two. Extracurricular distractions began to occupy my time as the semester magi- — whittled down to six weeks. I submitted a referendum to the Student Bar Association to change the grading system. I also researched an article for The Opinion on the history of the grading system at UB Law. I was in search of credentials for an unimpressive resume I'd left undone. The fifth week before finals marked the beginning of study group politics. A certain amount of snobbery emerged and true colors began to show. Yet, outlines were to be my key to salvation from law school hell. I finally found a study group after one kind person invited me to a Saturday study session. Fortunately, most of my fellow students knew that I did my reading because I was always talking in class. Yet this aggressive attitude was often perceived as arrogance. Heller's Catch 22 forced me to deal with people in a way I never had before. The outlines for each course in my study group were divided into halves, each contribution gone beyond the valuable legacy of legal realism. We have learned that the social sciences history, sociology, psycholhave a ogy, for example great deal to tell us about the origins and operation of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of professors who possess interdisciplinary expertise. We have also recognized that much of what is determinative in legal decision-making is rooted in social values. Law is essentially policy writ both large and, often, in detail.Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics and ideology. In addition to teaching practical wisdom, lawyering skills, covering half a course. Yet finals were approaching rapidly and outlines were not yet done. One got sick; another's pregnancy was coming to term. Deals had to be struck to stay afloat in a sea of chaos disguised as semblances of orderly law. from getting much sleep the last week. Fear of failure did not follow each exam. I was fairly confident I'd done well. I had made it through law school finals without dropping out of school. My main goal now is to maintain a self beyond the analysis. Logic without morality is like playing G-d. It's the policy behind the law that really counts. Laws are merely moral judgments made by people with viewpoints inevitably opposed by some. The law can be politics in the guise of holy words that angels sung. "I will not be pushed, filed, stamped, indexed, briefed, debriefed or number. I am a free man. My life is my own." Patrick McGoohan, The Prisoner — and social responsibility, our law school clinics offer firsthand exposure to the manner in which law operates in realworld settings and the ways in which it directly affects people's lives. This list is partial, but it reflects some of the diverse and exciting currents in American legal education. Your law school at Buffalo not only has kept abreast of progressive change in legal study but has attempted to serve a leadership role in nurturing and advancing innovation and progressive thought. Significantly, we try to do all this while emphasizing the lawyer's public service role and community responsibility. We welcome you to the Law School and wish you well. I look forward to meeting each of you and working with you during your years here and thereafter. The Paradox of Participation by Katy Armitage There are as many differences and similarities among law students as there are among all peoples and as my first year experience has taught me, the primary tenet of the "Buffalo Model" is a belief that a community of rigorous intellectual pursuit and professional commitment is best fostered through balanced social and intellectual discourse. I entered law school an avid participator, eager to question and often too quick to answer. My assertions were mostly met by interesting and valuable counter arguments that enabled me to refine worthy and abandon erroneous thoughts. And although there were many times when I felt intimidated, alienated and ostracized, I persisted and survived. I learned to embrace the "Buffalo Model." Of the many potentially alienating aspects of the first year experience, the initial and sometimes lingering terror of asserting new ideas in a new way ranks highest, yet is unfortunately too easily avoided. Participation, whether in class or in a student organization, paradoxically fosters healthy self identities which open new channels of communication, and precipitates reactionary and often unwarranted criticism from classmates. Maintaining an active participatory stance can result in egoism and elitism, as well as isolation and alienation, but is essential to the creation of true community founded on knowledge gained through honest educational dialectic. As my classmates and I approach the first year's end, it be- came more and more apparent that we had accomplished much more than a challenging curriculum we had transcended conflicts both within ourselves and amongst each ether. When we assert our ideas we extend our "selves" and the act of participation creates new vulnerabilities. But in our vulnerability we are real, and it is only this demystified self that truly learns from and honestly contributes to the unique eclecticism that is the "Buffalo Model." So please resist the temptation to sit back in silence for the sake of self-preservation as well as for that of coherent note-taking. For in doing so, you not only fail to contribute to the academic community of which you are necessarily a member, but you deny yourself the opportunity to prepare for a critical aspect of professional life: immanent involvement begins with communication, communication implies participation, and participation is above all else personal. (Suggested reading: Duncan Kennedy, "Legal Education as Training for Hierarchy" in D. Kairys (cd.) The Politics of Law, New York: Pantheon Books — — (1984).) Inside... UB Student Law Organizations Editorial Important Information .. .... 3 '4 5, 7 �§ffi\^ REGISTRATION MUST RECEIVED BY -**!*-111 ■ m wTW I mte/m ——-——■——-^——-— —*<% WITH THE }*«— h f H Jjj g 11/1/88 The Pieper Course Includes: Complete lecture series ft Essay writing hh| Multistate Practice Jf Jj|| Multistate Professional Responsibility Exam CDFn NIT U I ffih HfxP ill I 111T Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. " tV Multistate Volume Professional Responsibility >< iIUS — «/0/Z/2 iWper S ClfiQQ CilififlnrP For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion August 19, 1988 �A Sampling of SUNYAB Law School Organizations Student Bar Association The Student Bar Association (SBA) Board of Directors consists of six representatives from each class, called directors, and the four members of the Executive Board. All students of the law school who meet the fulltime requirements are members of the SBA. The SBA disburses all student monies collected via student fees. Primarily these monies are used to fund the over twenty student groups available to law students. Additionally, the SBA plays a big part in the social life of the law student, having a social event once every three months. This year's Social Committee has been innovative in their social ideas and have combined new party ideas with the standard events of Law Revue and midnight ice skating. SBA has also actively represented the law students' needs to the law school and university administration. Word processing units finally made their way to O'Brian's law library and eventually a student lounge, lounge party room and vending machines may occupy O'Brian Hall. Thanks to everyone who worked with us this year to make this SBA the most active to date. Entertainment Law Society The Entertainment Law Society came back to Buffalo with a boom this year, after lying dormant for a full school year. There was a lot of enthusiasm from the students to bring more information to the law school student body. This year's highlights included local attorney Patrick Rimar speaking about the implications of sports law and WPHD's Taylor and Moore speaking on censorship. We look forward to a continued, successful futurefor the organization and urge you to attend our events. Buffalo Law Review Founded in 1951, the Buffalo Law Review is a legal periodical published by the students ofthe law school. The Review publishes analytical commentaries by students and scholarly articles by leading authorities. Reviews of recent books are also included. The Buffalo Law Review'is published three times each year. There are approximately sixty members of the Buffalo Law Review, nearly divided between equally second-year Associates and third-year Seniors Members. Associate membership on the Review is based on academic performance and the results of an annual writing competition open to all first-year students. Promotion to Senior membership is based upon service to the Review and efforts toward writing a legal commentary of publishable quality. International Law Society The International Law Society (ILS) is an organization of law students who share academic and career interests in the field of international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among nations and peoples. Since the society's inception, ILS has aimed at accomplishing these goals through such events as conferences, film festivals and international potluck dinners. ILS also provides information for law students interested in study and work abroad. All students are encouraged to contribute to this increasingly active organization. Black Law Student Association The National Black Law Student Association is designed to articulate and promote the professional needs and goals of Black law students; to foster and encourage professional competence; and to focus upon the relationship of the Black attorney to the American legal structure. A.J. Cooper, former mayor of Prichard, Alabama, founded National BLSA in 1967 at the New York University Law School with a purpose to effectuate a change in the legal system. The Black Law Student Association has over 210 chapters nationally. Nelson Mandela is the Honorary President of the National Black Law Students Association. The SUNY at Buffalo chapter of the Black Law Students attracted Association has potential law students and outstanding speakers to the law school during its annual Minority Law Day. BLSA is dedicated to the recruitment of the underrepresented minorities into the field of law. BLSA serves as a support group for minority students within the law school. The organization co-sponsors a minority orientation for newly admitted students as well as various workshops, Law Day, and a big brother/big sister program. The organization serves as a forum for expressing minority viewpoints within the law school, university and community and takes an active role in the school's legal methods program for first year law students. BLSA is affiliated with several national organizations, including the National Conference of Black Lawyers, The National Bar Association and the National Black Leadership Roundtable. Federalist Society "The Courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would be the substitution of their pleasure to that of the legislative body." The Federalist No. 78. Law schools and the legal are profession currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it — is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, and law professors. In working to achieve these goals the Society has created a conservative intellectual network that extends to all levels of the legal community. lectual, and cultural advancement; so that each member may enjoy a life-time honorable professional and publicservice. The Opinion Founded in 1953, The Opinion is the official State University of New York at Buffalo Law School newspaper. This 2,500 circulation tabloid is published every other week during the academic year. Spanning the law school gamut of events, The Opinion reports on issues relating to students, the faculty and the community, as well as the law. A blend of legal and journalistic creativity, The Opinion has won several American Bar Association Awards. Environmental LALSA Latin American Law Students Association (LALSA)'is committed to sensitizing the legal academic and professional community to the multitude of issues concerning Latin Americans. Fellow students are encouraged to join and participate in LALSA functions which vary from potluck dinners to more formal events such as Law Day, the law school orientation and the sponsoring of lecturers. Phi Alpha Delta Phi Alpha Delta Law Fraternity, International (PAD) is the world's to encourage their moral, intel- largest, oldest and most prestigious law fraternity. Locally, the Carlos C. Alden chapter, named for UB Law School's first dean, provides "service to the student, the law school, and the profession." We are a professional fraternity which strives to provide quality educational and practical supplements to the law school diet. And, for many, we just make the everyday drudgery of law school life a little easier to bear. The purpose of the fraternity is to form a strong bond uniting students and teachers of the law with members of the Bench and Bar in a fraternity fellowship designed to advance ideals of liberty and equal justice under law, to inspire the virtues of compassion and courage; to foster integrity and professional competence; to promote thewelfare of its members; and Law Society The EnvironmentalLaw Society (ELS) is an organization dedicated to the pursuit of environmental research and education both in the law school and in the surrounding community. The organization pursues these goals through informal social events such as recreational outings and open membership parties and through more formal movie presentations and speakers' forums. ELS is particularly proud of its group research activities. In the past several years, the Society has worked on legal research projects for law profession, non-profit environmental organizations and environmental lawyers engaged in pro bono legal work. Growth in the research area is the society's primary goal in the future. The social component ofELS should not be overlooked. Besides getting people together who have common interests and goals, the Society attempts to foster an increased awareness of our natural resources and environment. Effective environmental legal representation and advocacy should be based on exposure to the beauty, complexity and usefulness of such valuable resources. Moot Court Board The Moot Court Board seeks to enhance the oral and writing skills used in appellate advo- cacy. Toward this end, the Board sponsors and administers both an intra-school and a national inter-school competition each year and sends numerous board members to various competitions around the country. Buffalo Public Interest Law Program The Buffalo Public Interest Law Program (BPILP) is a student run not-for-profit corporation founded in 1979. BPILP provides both legal assistance to public interest agencies and their clients, and valuable placement opportunities for law students. NOTICE Start the new year out with a bash by attending the first law school social event of the year. Section One of the class of 1989 invites the whole school to its first annual reunion at Charlie Bubbles on Thursday, August 25. The establishment will be having drink and beer specials all night and free food will be served. So come on out to the party and bring a friend or spouse. School identification cards must be shown to be able to join in the fun. WORD WRIGHT SHOP • Word Processing • Typing / Cover Letters • Graphics • Free Pick-Up & Delivery • Resumes Call: 652-8163 Law Review Casenote Competition Editor's Note: The following is. information about the casenote competition to be held in the Spring. It is provided to our readers thanks to Valeric Biebuyck, Editor-in-Chief of the Buffalo Law Review, for use in planning your career. To The Editor: The Buffalo Law Review, like all law reviews, is a student-run journal of legal scholarship. As the late Justice Charles S. Desmond wrote, "All of them, whether of high or low degree, have taken part in one of the endless tasks of the profession thinking about what the law is and ought to be." At our best, that is what we achieve. We publish articles by professors, practitioners, and law students on a variety of topics with the ultimate goal of contributing to and enhancing our knowledge of the law. Every year, the Review spon- — sors a "casenote competition" during which all first-year students have the opportunity to seek membership. Students may participate either during Spring Break, or after secondsemester finals. A casenote is a short, well-researched and thoughtful analysis of a recent state court decision. Eight Review editors evaluate each essay, and participants are selected to join by one of three methods. A number of students obtain acceptance through an equal weighing of grades and casenote scores. We realize that course grades often are not the best reflection of an individual's abilities, so a number of students are selected on the basis of their casenote score, alone. The third method of selection is intended to increase the representation of ethnic minorities and educationally or economically disadvantaged individuals on the Review. Some of these participants will submit a personal statement explaining the nature and extent of the disadvantage they suffer. This statement is considered by Review editors in conjunction with the other two selection methods. We have found that these means of evaluation offer the fairest chance of selection to all students who choose to participate, regardless of grades or personal background. The Review invites all students to submit articles for publication. Student articles will be considered by the same criteria used to assess other articles. We also encourage anyone who is interested in learning more about the Rewewto stop by 605 O'Brian. We would be pleased to meet you and address any questions or concerns you have in person. Valeric Biebuyck ■■■■■ Buffalo Law Review August 19, 1988 The Opinion 3 �Hyman Discusses His First Year Courses STATE UNIVERSITY OF NEW YORK AT BUFFALOSCHOOL OF LAW Volume 29, No. 2 Editor-in-Chief: Managing Editor: FeaturesEditor: Business Manager: News Editor: Layout Editor: Photography Editor: August 19. 1988 Daniel Ibarrondo Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: Martin Coleman, Jacob Hyman, David B. Filvaroff, Judith Zirin, Christopher Reo, Katy Armitage, Charles Ewing, Alan Freeman, Betty Mensch, Errol Meidinger. E) Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. Editorial: Welcome Class of 1991 The warm welcome given to the graduating Class of 1991 reflects the rejuvenation of UB Law School under the administration of Dean David B. Filvaroff. Dean Filvaroff's commitment to upgrading the law school student atmosphere has trickled down. Evidence of this is the excellent work by the Orientation Committee in organizing and planning this year's orientation forthe Class of 1991. by J.D. Hyman My only wordof advice at this stage is to be patient. A professional school in a university has, I believe, three difficult responsibilities. One is to provide some assurance that its graduates will have a reasonable degree of competence in the materials and procedures with which the legal profession works. A second is to assess those materials and procedures in the light of what other areas of learning may contribute to a better understanding of their functioning and effectiveness. The third is to evaluate critically the extent to which the legal system realizes in the real world its professed ideals. You will find each of these lines of inquiry to be a major undertaking, requiring and deserving a lifetime of study. You will also find that each of your instructors is likely to be emphasizing one of these aspects of the law and its institutions, although not to the exclusion of the others. In my first year Torts class, I will be emphasizing the first aspect, but with fre- Further indication of this commitment and concern is the printing of this special orientation issue of The Opinion. For the first time, the Editorial Board of The Opinion has printed an orientation issue designed to provide incoming first year students with as much information, as time and space permitted, about what to expect in the first year of law school. This special orientation issue contains information about what professors expect from first year students in their respective classes or law school in general. It provides important information such as class assignments, book store and financial aid hours. Various advertisers have also supported and made possible the printing of this issue. We encourage you to support our advertisers when in need of the services they provide. Finally, a few students have taken the time to write about their first year experience. The Editorial Board of The Opinion hopes you find the information helpful, useful and informative. Law school can be a wonderful learning experience or a terrible one. We hope no incoming first year student has a terrible experience. Augment your legal education, and calm your fears, by getting involved with one of the numerous law student organizations that exist. We have provided a sampling of these organizations. There are over twenty organizations in the law school to accommodate your interests. These organizations provide an excellent tool to meet other students with similar interests or ideas or as a support group in your first year, upperclass years and beyond law school. We welcome the Class of 1991 to UB Law School. We are positive that your class will add to the rich and diverse atmosphere that exists at UB Law. 4 The Opinion August 19, 1988 helping you achieve some degree of competence in handling legal materials primarily in the area of the law of landlord and tenant. But I will also try to help you get a sense of the historical background from which the present law developed; we are dealing with a living system of which the past is a part. Legal Methods will cover far less material than you will deal with in your other courses. My expectation is that you will spend as much time and will master the assigned materials fully. Contents and see whether any of the topics evokes any recollections or reactions from your experience or reading. We will spend our first class session (IV4 hours) viewing a video. In my Legal Methods class, I will try to deal with all three aspects, although I will be especially concerned with the first: Legal Methods materials are: "New York Landlord & Tenant Law; Introduction to Legal Method, 1984 Edition, Kaplan & Headrick, 1987 revision, Hyman, Part I." Part I is available from my secretary in Room 522. Parts II and 111 are for sale at the Law School's bookstore on the secondfloor opposite the elevators. Thefirst class will be Monday, August 22, 3:30 4:45, Room 108. Note that the Friday class will be :200 3:15 in Room 210. For the first class read carefully pages i -vi in the materials. - - Betty and Alan Welcome Section Two The goal of providing the incoming first year students with a special introduction to UB Law School and Buffalo has been met with the involvement of various organizations, students and professors. Numerous "firsts" have been created as a result ofthe commitment and concern of the Orientation Committee. The various projects and endeavors of the Class of 1991 Orientation Committee have been augmented by the involvement of the Alumni Association, the Student Bar Association, Buffalo Law Review, the administration, upper class students and The Opinion. quent checking against the third. The book for my Torts class will be Prosser, Wade & Schwartz, Cases and Materials on Torts, Bth cd. (1988). For our first class, Monday, August 22, 9:30 a.m. in Room 106, read the Preface; examine the Table of In prior years, Betty has kicked off thefirst year by sternly requiring the contracts students to show up the first day having mastered the procedural intricacy in the great case of Hawkins v. McGee. (Paper Chasefans will recall the "Case of the Hairy Hand".) Alan, on the other hand, usually recommends total abstinencefrom all reading matter for at least fortyeight hours prior to the first class, suggesting instead long walks in the woods, meditation, horror movies, a few obligatory Mets games. This year, after prolonged and delicate negotiations, we decided to offer a joint introduction to law and law school. To give you a sense of the connection between law and everyday life, we chose a topic that is current and controversial, and prepared a new set of introductory reading materials. The basic issue is whether what is regarded as our most basic civil liberty the First Amendment guaranty of free speech protects language that is derogatory, hostile, or insulting, especially when directed at members of minority groups, or protects pornographic books or movies that depict women as sexual objectssubject to violent domination by men. We hope that these materials will serve to introduce students — to the world of law in a number of ways: the intractability of real-life problems; the modes of legal argument; and the interplay of law, morality, and social context. The materials will be distributed in class at our first meeting on Monday, August 22 at 11:00 a.m. We look forward to seeing all of you then. — The Opinion Welcomes Ist Year Students by Damon H. Scrota On behalf of the editorial board of The Opinion, I would like to welcome all first year students to SUNY at Buffalo Law School. At this point, you are probably closer to a nervous breakdown than at any other time in your life. Just takea moment right now to relax, sit down and think about whatyou are going to do with the free time you have this coming semester. The Opinion, the law school's student newspaper, is nationally renowned and has received numerous awards for excellence from the American Bar Association. This year the editorial board plans on upgrading the format and style of The Opinion by featuring articles in areas such as substantive legal issues, the law in the community, internal law school affairs as well as broader aspects of law. The staff of The Opinion consists of all the members of the editorial board and other law students who have become staff by contributing articles. A student must have three contributor credits (defined as any article that appears under a student's by-line, under an assumed by-line, or without a byline at the student's request letters to the editor, unby-lined articles on the behalf of groups and reprints do not count), and attend one layout session before they can join the staff. Students receive credit as a contributor if the article they submit satisfies the above mentioned criteria. A staff member must submit a contribution once every three weeks in order to remain active and have voting rights for editorial board elections in April. Herein lies the message of this article: give writing for The Opinion at least one shot, no matter how insecure you are about your writing abilities. We are all competent writers who have gotten this far by expressing ourselves fairly well on paper. Contributors over the years have refined and reinforced their writing skills while — having fun and meeting interesting people at the same time. All that need be done is for you to take the first step by showing up at an Opinionplanning meeting one Monday afternoon in Room 724 of O'Brian Hall. Finally, I must say that I am really enthusiastic about working on the editorial board this year. The board can provide you with excellent guidance in helping you with articles, give advice about school, or whatever. Remember, no newspaper can thrive without a dedicated source of writers to fill its pages with prose. This is an excellent opportunity for you to get something published, meet new people with common interests, and find something extracurricular to put on your resume. So get up off your couch, get away from the books for a study break, and stop by the Opinion office. I look forward to seeing you at the membership meeting in a couple of weeks. �Knowledge of Tenant's Rights Crucial for Off-Campus Housing by Martin Coleman ment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Some lease clauses are forbidden by N.Y. State law. These include: Clauses that automatically renew your lease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section 5-905). Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5- Before you sign any off-campus lease in fact, before you even begin to look for a place it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords un(particularly scrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. A landlord in a place like University Heights may assume that students "won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) oral lease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest with a written lease and least with a month-tomonth. If you stay past the end of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-month leases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the Ist of the month and your landlord wants you out by July Ist, he must notify you prior to June Ist of his intent, and vice versa. While written leasesoffer you the security of knowing how long you can reside in an apart- — — • • -701). You must be allowed to enter • theapartment on thefirst day • • of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). A clause exempting your landlord from liability for any injuries caused by their negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). Some clauses seem so absurd or unfair that they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any clauses that fall underthe above categories you might take this as an indication of future problems with this landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in thelease are: of Habitability, • Warranty which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the premises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue yo for non-payment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon either course of action, you should contact Group Legal Services. Landlord's Duty • This includes to Repair. plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best August 24 Your landlord • Retaliation. may not harass you or refuse to re-rent to you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written record of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. Eviction. • evict A landlord cannot you by use of force — apartment (four or more separate units), you are entitled to interest at prevailing rates on your deposit minus 1% of that interest for administrative expenses. If your landlord illegally retains your security deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargain for unfair terms, keep records of all correspondence or conversations, and contact any authorities immediately if you have a problem. OR I E NTATI O N '88 PARTY! in honor of 1988's First Year Law Students MOLLY'S PUB, Main St. near UB Main SATURDAY, AUGUST 20, 1988 ■ 9:00 pm -? All Law Students Welcome Come and kick off the new academic year! Free Pizza & Wings / Beer & Drink Specials — Professors Mensch and Freeman —Materials be distributed first class meeting. at Professor Hyman —Casebook: Prosser, Wade and Schartz, Cases and Materials on Torts, Bth cd. (1988). (Read the preface; examine the table of contents and see whether any of the topics evokes any recollections or reactions from your experience or — Room 304 - your apartment on reasonable notice, at a reasonable time. reading.) OFFICE OF ADMISSIONS AND RECORDS - to Privacy. Your land• Right lord may only enter 1. THE JUSTIFICATION OF PUNISHMENT 755-758 Regina v Dudley and Stephens 3-5 Introduction, Notes and Questions 5-9 Deuteronomy; Wilson 12-13 Hart 19-20 Packer 23-32 Leviticus; Packer; Walker; Kaplan 40-42 Walker to - noon; 2 p.m. ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbursement on any unpaid rent. Furthermore, if you are living in a multiple dwelling — Torts Open Daily: 10 a.m. Deposit. This is gen• Security erally how most students get Criminal Law Professor Ewing Casebook: Kaplan and Weisberg, Criminal la w: Cases and Materials (1986) (Additional readings will be assigned from a mimeographed supplement and from Low, Jeffries and Bonnie, The Trial of John Hinckley, Jr.: A Case Study in the Insanity Defense (1986). — All students will need their own copy of the text. Graduate Assistant/Financial Aid Advisor SANDRA WALLACE - of your apartment, or cutting off essential services. The following assignments have been turned in to The Opinion. Please check the assignment board in the second floor mail room for further assignments. Torts — violence, removal of your possessions, locking you out First Year Assignments FINANCIAL AID Office Hours Room 306A Monday: 9 a.m. 1 p.m. Tuesday: 10 a.m. 12 noon Wednesday: 9 a.m. 1 p.m. typically through threats of severity of the problem, and its cost to fix, you can either call your local housing officials or your local health department, or call in a repair person yourself and deduct the cost from your rent. Keep receipts. windows, BUFFALO LAW REVIEW The following individuals have been extended offers as Associates of the Buffalo Law Review for the 1988-89 academic year: LaurieAmbrose Denise Malican Alan Birnholz H. Jeffrey Marcus lan Bradford Wayne McChesney JamesBrandl Craig Mokhiber Claudia Catalano Lisa Morowitz ChristineConstantine Kevin O'Brien Michael Deming Troy Oechsner Karen Doeblin Erin Ringham PeterFarrell Alicia Rood Michael Flaherty, Jr. David Ross lan Fitzpatrick Patrick Ryan Esther Goldbas Barbara Schaus Martha Harris Ginger Schroder JohnJuers Keith Soltis Edna Torres Timothy Kaltenbach Karen Welch Brian Knauth M. Kip Welch GeorgeKotlarz John Wenzke Tracy Levinstein Jennifer Lew David Whalen Jeff Williams Kevin Maldonado judge of what is a reasonable time) then, depending on the 4 p.m. Legal Methods Professor Hyman "New York Landlord and Tenant Law; Introduction to Legal Casebook: Method, 1984 Edition, Kaplan and Headrick, 1987 revision, Hyman Part I." (Part I is available from the secretary in Room 522. Parts II and 111 are for sale at the Law School's Bookstore on the second floor opposite the elevators.) Monday, August 22 pp. 1-iv in the materials. Section 3 Property I Professor Errol Meidinger 3-12 in Duheminier and Krier Property, 2nd edition, 1988. Pp. — August 19, 1988 The Opinion 5 �Welcome Back U.B. Law Students We invite all students to a ;% C Ask The Right Questions, Get The Right Answers. | Suzanne Stadler, Kaplan SMH Area Coordinator, Will Be Here To Answer Your Questions On Monday, August 22nd, 11:00 AM -2 PM ' LEARN WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE! /I / Stanley h. IbAR L> CflL REVIEW SERVICES Head Bar Rep: Michael Lamica-Balconi The Opinion 6 - mml ill 'l\'fu' ' - I > H August 18 AND August 22, 1988 11:30 am 2:00 pm O'Brian Hall First Floor Lobby ( ■ W -v MM) ■ j / J? Buffalo Wing Fest X'''.'///i I £$&&>& FREE August 19. 1988 See your Campus Rep, or call: Ste y 1330 Niagara Fa" (across from Boulevard Mall) (716) 837-8022 B ■ jT V i I V. J �Students Encourage Participation in ABA/LSD by Judi Zirin & Chris Reo Beginning law school is much more than embarking on a new academic experience. Though the career aspirations of entering students are as diverse as the number of first years starting out in your class, you all share one common bond. This bond encompasses both classes and extracurricular activities, both intellectual stimulation and social camaraderie. This bond is the sense of legal community that you, as beginning law students, are now first being confronted with. Legal community is not simply the social and professional interaction of lawyers, but a pervasive knowledge that unites all those associated with the legal profession. Sitting at orientation and listening to speeches made by members of the legal community, as well as the academic law school community, you may be beginning to sense that, imperceptibly, the parameters of your world are beginning to shift. That, in choosing to attend law school for whatever reason, you have also chosen to become a part of something greater than your law school class, or law school itself. You may have noticed the change in others' attitudes reflecting an altered perception of you as a law student or a future lawyer. It may gratify you in terms of enhanced prestige or a new respect for your intellectual capacity, or it may anger you, seeming a pretentious basis for judging you when you are, after all, the same person. You may feel a little of both. I think that most law students have grappled with initial changes of identity wrought simply by the ambition to earn a J.D. Finding your own identity as a professional, either individually oras a part of a greater legal community, facilitates introspection, self-evaluation and coming to terms with your newly increased range of options. Often, we are not fully aware of what these options are or how we can most capably and productively assert newly discovered professionalism. For this reason and many more, inand cluding formalizing strengthening the bond of community discussed, there exists a number of professional development organizations. These include the New York State Bar Association, The National Lawyer's Guild and the American Bar Association. Within each of these groups you will not only find resources exploring social, political and economic concerns, but you will find numbers of people, practicing lawyers, professors and judges as well as other law students, forging a sense of professionalism by working together to clearly identify, develop and act on the ethics of the profession. The American Bar Association is the largest organization representing both the needs of the legal professions and of society at large, with almost 400,000 members. Approximately 37,000 of these members are members of the ABA's Law Student Division. Traditionally, the ABA has been thought of as a bar admitted lawyer's organization, yet its members are also professors, judges and law students, giving the organization the capability to represent every aspect of legal thought and legal professionalism. Law students play a unique role in impacting on thepolicies of the ABA as a whole, as they have not yet been indoctrinated into the legal profession and bring in a fresh, progressive perspective, responsible to both the needs of the profession and those of society. The stated purposes of the Law Student Division are: "To further academic excellence through participation by law students in the efforts of the organized bar in the formation and revision of standards of legal education; To achieve awareness and promote the involvement of law students in the solutions to problems that confront today's changing society; and To encourage Student Bar Association participation in the programs and activities of the Division." Law students may join any number of the ABA's 30 sections and receive the additional benefit of having access to information on the most current issues in many areas of substantive law, including environmental law, criminal law and tort law. Many students have found these a valuable resource in conjunction with their course work, as section members are kept apprised of recent developments in areas of the law they are studying in class and can utilize such information in personal their enhancing knowledge of the subject area and in bringing up contemporary issues in class and on exams. Even without joining a section, ABA members receive publications such as Student Lawyer and the ABA Journal, publications that present and discuss social and legal issues of primary importance in today's society. Additionally, publications such as these give the law student an insider's view on the workings of the legal profession, providing yet another resource and avenue for examining the legal community as a whole and evaluating your place within it. Law students, not yet law- I The UB Law School Alumni Association yers, may seem powerless in terms of effecting change within the ABA or asserting positions of the ABA, yet as a unified body, the Law Student Division is capable of both reflecting student concerns to members of the senior bar and of insuring that those concerns are represented in the policies of the ABA. In today's society, the role of the lawyer has come under increased scrutiny, and the ABA, especially within the Law Student Division, has taken steps to bring respectability and credibility back to the profession. Additionally, theLaw Student Division has addressed the needs of women and minorities, the situation of the homeless, racial discrimination and numerous other concerns. An example of a recent Law Student Resolution, approved unanimously by the Law Student Division Assembly, follows. I hope that many, if not all of you, will become members of the American Bar Association, and that you will feel free to speak with either of us about any concerns or questions you may have, about the ABA or about any other aspect of the law school experience. The Orientation Committee consists of the following: Committee Chairpersons: Melanie Jenkins Michele Eggenschiller Scott Tompsett Committee Subchairpersons: Speakers/Panels Committee Social Activities Committee Karen Hoyden Kathleen Smith Judi Zirin Small Groups Committee Erin Ringham Wayne McChesney Housing Committee Robert Davis Legal Methods/Minority Students Orientation Committee Kay Pinkney Vanessa Bliss Robin Barnes Jim Ghent Stephanie McAllister Katy Armitage T-Shirts/Promotions Committee Paul Labaki Paula Eade Pat Drmacich Information Packet Committee Marjorie Cline Printing Committee Niki Moumoulides "Socratic Method" from page applied to actual human be- havior is what constitutes the study of law. The use of the hypothetical The following lists times that bookstores are open forlaw school materials: FOLLETT BOOKSTORE HOURS (Located at Lee Entrance) Thursday, August 18 9 a.m. 5 p.m. Friday, August 19 9a.m. 3 p.m. Closed Saturday and Sunday August 20 and 21 Monday, August 22 9 a.m. 7 p.m. Tuesday, August 23 9 a.m. 7 p.m. Wednesday, August 24 9 a.m. 5 p.m. Thursday, August 26 9 a.m. 5 p.m. Friday, August 26 9 a.m. 5 p.m. Saturday, August 27 11 a.m. 5 p.m. Sunday, August 28 11 a.m. 5 p.m. NOTE: This bookstore accepts checks, credit cards or - - - cash welcomes the entering CLASS OF 1991 Law School Mimeo Materials (available in the room across from the law library): Monday Friday 11 a.m. 3 p.m. NOTE: This fine organization accepts checks only, payable to SUNYAB Law School. - Refunds/Returns must be taken to Maryann in room 521 THE PASSWORD: 41S Seventh Avenue. Suite 62 New York. New Yort 10001 (212)594-5696 (201) 623-3363 I situation, which has become a trademark of the "Socratic" style of teaching, forces the student to apply the law to different fact patterns. This, in turn, teaches the student how to use the law. At the same time, the student learns how to think on his or her feet, and becomes more adept at verbally expressing him or herself, traits that are essential to becoming a good lawyer. Forthese reasons, I believe that I would have benefited more if this method of teaching had been regularly employed in all of my classes. Although I advocate a style of teaching that places more emphasis on the development of verbal skills, I also think that a more relaxed style of teaching is conducive to easing in first year students. As a former first year student, I can't tell you how important this was to me. Not only did it promote a more relaxed classroom atmosphere, but it didn't dramatically affect the amount of verbal interaction (although I believe that a forced response is more beneficial to the student than a volunteered response that is generally premeditated), or the use of the hypothetical situation to explain points of law. I realize that there is a natural tendency on the part of the incoming first year to feel that he or she is being thrown into the deep end of the pool before learning how to swim. Undoubtedly, the study of law is often difficult at first, since it presents thestudentwith a new vocabulary, as well as a new way of thinking. However, the professors realize this, and they generally do what they can to ease the transition. As long as you dotheworkand go to class, this transition will generally occur naturally. August 19, 1988 The Opinion 7 • �5: vourL*J 8 save crrv irk BAR BR» BAR BRI Leaves Nothing To Chance. The Nation's Number One Bar Review. 415 8 The Opinion August 19, 1988 Snath A»... Salt* 62. N.Y.. N.V. l**ol (212) 594-3696 (201) 625-3363 160 CouMwultk An., Borto*. Nμ 02116 (617) 437-1171 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-08-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/19/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 2 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ab1f619a471f7d8d3c02f9fd40c51c66.pdf 2d35bc6956bbf478741c8b76eb75b592 PDF Text Text SBA Being Sued By Former Students and Neeves contend that the SBA had a hand in funding an NLG table which they claim was in direct support of the PLO. King denies any SBA involvement with this activity. Although these three causes of action are cited in the complaint, JudgeRobinson, according to King, "didn't hear anything beyond the fact that funds had been used in an effort to discredit Judge Bork." His reaction was that Judge Bork was a good man, and that he hadn't deserved the treatment he had received. He further stated that this particular activity "certainly seemed political," and continued on page 2 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 14, 1988 What began as "much ado about nothing" has suddenly turned into a serious legal matter. Last spring, then third year students Kenneth Neeves and James McCluskey initiated a lawsuit against the Student Bar Association (SBA), alleging that between the SBA funding a student group for "educational" purposes as opposed to "political" purposes. In the words of SBA President, Kimi King, "the SBA cannot legally fund a student group that isaffiliated with partisan politics." by Andrew Culbertson In legal terms, the claims made by the plaintiffs are based on what they describe as the breach of an implicit contract. Each law student pays a mandatory activities fee of $51.00 (directly added into the student's tuition), which goes directly into the SBA budget. The plaintiffs contend that the use of money by the SBA to fund, in their words, certain "politi- Features Editor their student activities fees had been misspent. Last week, a judge in the Small Claims Part of the Town Court of Amherst made an initial ruling that has placed the SBA in a somewhat precarious position. The controversy itself revolves around the distinction Volume 29, No. 3 cal" activities constituted a breach of this contract, and they are seeking to recover the $51.00. King, on theother hand, has stated that the payment of the student fee does not create a contract. She claims that the student fee is a mandatory payment which merely gives the student the opportunity to participate in one of the various student organizations. McCluskey and Neeves have cited three instances where the SBA alloted funds for allegedly "political" activities. The first of these involves the SBA support of an anti-Bork table sponsored by the National Lawyers Guild (NLG) last October. According to King, the SBA gave the NLG $180.00 which was used to purchase stamps and envelopes. These were subsequently used to mail anti-Bork form letters, which were available at the table. The second cause of action addresses the SBA's involvement in last semester's campaign to help save SUSTA (State University Supplemental Tuition Assistance), which was in danger of being cut from the State budget. In this instance, the SBA spent $88.00 on stamps and envelopes which were used to send form letters to Albany. Finally, McCluskey O THE PINION Way Fami Theeldly Leads School Fiin Law Symposium Matrimonial/family law is a growing field in which laws are being added and amended almost on a daily basis. The practice has witnessed a growing interest in it in the last ten years, particulary since the decision in O'Brian v. O'Brian, whereby a professional license acquired during marriage was deemed to be marital property and subject to equitable distribution. Daniel Ibarrondo-Cruz Editor-in-Chief UB Law School has been part of this interest in the field of matrimonial/family law. In 1987, UB Law School was one of the first schools in New York State to participate in a program developed by the American Academy of Matrimonial Lawyers. In 1987, when the program went into operation, three schools participated in the program. The othertwo law schools being Fordham University School of Law and Hofstra. Since 1987, seven additional law schools have participated in the program. Among these are St. John's, Columbia, Brooklyn, Cardozo, Cornell, Syracuse, New York University, Touro and Pace. The program, developed under the administration of Paul Birzon, while President of the New York State Chapter of the American Academy of Matrimonial Lawyers, was instituted to provide an award for students who demonstrated outstanding academic performance in the area of matrimonial/family law. The concept was that a plaque would beprovided to each participating school so that the names of the recipients of the award would be displayed on name plates. AAML The American Academy of Matrimonial Lawyers (AAML) is a national organization consisting of about 1100 members. Most states have chapters with New York State having the largest chapter with over 200 members. The requirements for admission into the AAML Paul Birzon The symposium, co-chaired by Paul Birzon and Professors Isabel Marcus and Louis Schwartz, featured nine practitioners and a psychologist speaking about various aspects of matrimonial law practice. Registration forthe symposium was well over 150. The event was well attended, about 70 participants, despite the blizzard that occurred. the last year," stated Paul Birzon. This year the AAML is planning to invite all of the students that are recipients of the award to meet in N.Y.C. and attend one of theAAML's dinner/meet- The UB Law School Faculty has complete autonomy in the selection of law students to receive the Family Law Award. Selection is made from those students who have demonstrated outstanding academic achievement in the area of family law. Jeff Markello, Photography Editor are very stringent. Unlike the admissions policy of the American Bar Association where the only criteria is the payment of a fee, membership into the AAML is exclusive. To qualify for membership into the AAML a lawyer must have practiced at least five years in the matrimonial/family lawfield. This has been defined to mean that at least seventy five percent of an individual's practice must consist primarily of matrimonial law. It also re- The symposium was emphatically welcomed by law students who soughtto gain an additional edge in the matrimonial law field. It was a learning experience whereby students expanded and built upon the knowledge acquired from family law courses and obtained an insight into what actual practice in this field is like. "It's the academy's (AAML) aim to have every law school in New York State as part of this program. We are proud of the accomplishments we made in ily Law Award from the AAML was Sara Nichols (1987). This prestigious award which will bear the name of the recipient will be proudly displayed in the Charles B. Sears Law Library. This year's award was given to David Woods, a 1988 graduate of UB Law School. Isabel Marcus Jeff Maikello, Photography ings. This will allow these Editor stu- dents who have indicated an interest in matrimonial law as a career to meet with some of the leading matrimonial lawyers in New York State." AAML Family Law Award The first recipient from UB Law School to receive the Fam- Although the award is an important aspect of the program, it is complimented by the interaction between the participating law schools and the AAML. Paul Birzon, who is committed and enthusiastic about the program, aptly stated that "it's a good opportunity to meet with AAML members, who are after all prospective employers, and exchange ideas." SUNYAB Aid Crisis Explained Louis H. Swartz Jeff Markello, Photography Editor quires the completion of a lengthy application and suc- cessful passing of an oral and written examination. Consequently, because of the prestige attached to the AAML, some of the leading names in matrimonial law are members of the organization. The law student body and faculty at UB Law School has benefitted from its interaction with the AAML. This past February, 1988, a symposium entitled "The Practice of Matrimonial Law: A Lesson in Reality" was held at the law school. When federal financial aid guidelines and regulations were altered the software tables that drive most of the computerized financial aid services were also changed. Because of these changes, which theentire S.U.N.Y. at Buffalo campus was unable to adapt to, law students' financial aid packages have been severely delayed. According to Marlene M. Cook, assistant dean for resource management "part of the problem was that we are using a computer that most of by Alexei Schacht News Editor the schools in the country are not." As a result. Cook said, "they [financial aid packages] will all be delayed." The entire S.U.N.Y. financial aid system is on a UNISYS computer. The problem, it seems, is that the Sigma Corporation, which supplies the University with its financial aid packaging software, makes IBM compatible software which is hard to adapt to a UNISYS system. Although the University has been working with UNISYS since the Spring of 1988 to incorporate the new financial aidtablesthey have not been successful. As a result, the Law School has had to process financial aid packages manually. This is a Herculean task, to say the least. Because Assistant Dean Cook knew that the University would work on processing undergraduate applications before those of graduate students she "panicked." Without emergency measures being taken law students would not be able to receive checks perhaps until November. But, beginning on July 5 the Law School "tookaggressive steps, and spent money we'll never get back," according to Cook, in order to process law students' applications. Most notably, this meant that two students would have to be hired to work full-time to process the applications. Since Cook "wanted someone quantitative" who would be "good and quick on a calculator and a keyboard" she hired a computer science and a management student to do the work. They have worked "eighty hours a week" to get the job done. continued on page 2 inside... Opinion Recruitment Party SBA Class Director . 4 5, 7, 8, l(), tl. 12 Election Statements Desmond Moot Court Schedule 15 �UB Law School Becomes More Competitive (The statistics used in this article were madeavailable by the SUNY at Buffalo Law School Office of Admissions and Records) The number of applicants vying for a spot in UB Law's class of 1991 was up 16% from the previous year. This year UB Law received 1,723 applications for admission, in 1987 the total was only 1,445. Of the 1,723 applications received, 540 were extended offers to study at UB and 262 ultimately enrolled.This compares to 663 applicants extended of- fers in 1987 and 259 enrolled in the class of 1990. The number of male and female members in the class took an interesting turn from the year before. The composittion of the current first year class is 140 men and 120 the Law School, suggests that this kind of reversal in alternate years is not unusual, nor is it intentional on part of the admissions committee. The composition of the Law School is a reflection of those people who want to attend. by Donna Crumlish The school naturally extends offers to those persons most qualified but it has no control over who decides to enroll and accordingly can not "make" equal numbers of men and women attend each year. The number of students ac- Managing Editor women. Last year's first year class was made up of almost the exact opposite, 119 men and 140 women. Helen Crosby, registrar for cepted into the Legal Methods program has decreased slightly from last year. In 1987, 63 students (25 men and 28 women) were enrolled as Legal Methods students, this year 57 are enrolled (25 men and 32 women). The median LSAT score for those enrolled in the class of 1991 is 34. This is identical to the medium LSAT score for the class of 1990. The medium LSAT for all the applications received this year was 31. According to Helen Crosby this number reflects the high quality of applications that are received by ÜB. and the median undergraduate GPA for the class of 1990 was 3.25. For those students who are enrolled, the scores are higher. The median undergraduate GPA for the class of 1991 is 3.23 The fact that the academic statistics for the two years are similar represents a consistency in the academic quality of all of UB Law's 793 students. SBA Lawsuit from page that if it turned out that his court had jurisdiction to hear the case, he would give the plaintiffs their money back. Ultimately, it was the question of jurisdiction that savedthe SBA at this point in the proceedings. The SBA, which is being represented Pamela by Neubeck of Group Legal Services, has several arguments to supports its contention that the small claims court lacks the jurisdiction to hear this case. One of these involves the question of administrative appeal. An administrative appeal, which the plaintiffs elected to bypass, involves presenting the case to the Director of Student Activities, Dr. James Gruber, who oversees the SBA budget. Upon his ruling, the decision would be subject to review by a board of university trustees. The SBA believes that the plaintiffs' failure to exhaust this appeal deprives the small claims judgment in its favor. For Neeves and McCluskey, it's more a matter of principle than money. "A person shouldn't be compelled to pay money for something that he or she doesn't believe in," stated Neeves. With this in mind, Neeves also noted that he and McCluskey are willing to take this case "as far as they have to within reason." For the SBA, principle, obviously, is not the only thing at stake. As was noted, a judgment for the plaintiffs could have a devastating financial effect on the SBA. However, King is also concerned that if theSBA is forced to pay out a large sum of money, this will dramatically affect the position of the SBA in regard to the student groups that it funds. "If the SBA faces a situation where it could lose money every time a group does something that's arguably political. court of jurisdiction to hear the case. Another area of contention concerns the amount of damages involved in the case. While a ruling in the plaintiff's favor would initially cost the SBA $102.00, such a ruling would open the door for any student who wanted his or her money back. Since the decision could costthe SBA literally thousands of dollars, the SBA argument is that it is no longera small claim, and should be heard by a higher court. Judge Robinson has requested that the SBA submit a brief in support of these arguments before he makes an official ruling. Although no deadline was given, the SBA plans to submit its brief within the next three to four weeks. Although this case may appear quite trivial to the average onlooker, each side has compelling reasons for wanting a groups will have to check with the SBA before they do anything. This could prove to be quite limiting andtimeconsuming. It's not the SBA's function to tell groups what their role is, or to monitor their activities." King also noted that for better or for worse, "partisan politics "political"? Financial Aid from page The University, for its part, has taken several steps to alleviate the financial aid problems. The University is offering tuition defermentsfor students whose aid has been delayed; has the financial aid office working overtime; has made additional emergency loans availble; has temporary support staff helping in the processing of financial aid applications; questions about financial aid. phone lines to handle calls from students and parents with questions about financial aid This information was gleaned I—W m ml m vices Robert Wagner to all University's deans. Another good sign is that in the Fall of 1989 the whole S.U.N.Y. Buffalo campus will move its financial aid packaging program from the UNISYS to an IBM computer. Although assistant dean Cook emphasized that she was "not blaming anyone" for the school's problems she noted that "we're still paying for the mistake with Sigma." The seventh annual International Student Scholarship a nationwide essay competition for internaCompetition tional students studying in the U.S. is now underway, reports Tom St. Denis, Vice-President of International Underwriters/ Brokers, Inc., sponsor of the competition. First prize is $1,500 to be used for academic or professional advancement. International Underwriters/Brokers, Inc. also will award $350 to the International Student office of the first- f^ I M — place winner. Deadline for the competition is December 1, 1988. International students interested in entering must submit an essay of no more than 1,500 words on the topic — . , p , o i lenders for a student loan? Discover Educaid, the shiHpnt loan «;npriali<;r and unearth a treasure trove of options and r sei vices. J\ \/>j, M AY***"* l\ /jp X milk Mill Un>| * 's*'' ¥ W II m // IIm ■->_ \ *7/Tl //I 111 IIJ I\\ II If*/ It IS v<l I*-' Xμ ml I Li ■ ydjir correctly completed a jfciications. I/ - >*Extra savings on interest loans (SLS) l\ . works Hi >•■ A ,lender who Ul as hard as you do. ' Don t lef tne lender iurK |e close in on y°u f "Important cross cultural clues are often found in humor. Compare humor in your country with humor as you find it in America. Include examples ofhumorous situations resulting from cross cultural misunderstandings, either in the U.S. or on your first visit back to your home country." Additional scholarships will be awarded to a second-place winner ($1,000); a third-place winner ($500); and five honorable mention recipients ($lOO each). The International Student Scholarship Competition is open to all full-time foreign students enrolled in a prescribed degree- or certificate-granting program accredited high school, junior college, college or university within the U.S. Also eligible are students enrolled in an English training program who plan to pursue higher education in the U.S. Winner of the 1987/88 International Student Scholarship Competition was Claudia Franco Hijuelos of Mexico, who is studying at the School of Advanced International Studies, at Johns Hopkins University. For additional information,rules and entry forms write: Essay Competition Coordinator, DSD Communications, Ltd., 10805 Parkridge Boulevard, Suite 240, Reston, VA 22091. at an NOTICE GROUP LEGAL SERVICES is looking for a law student to serve as Head Defender of the Student-Wide Judiciary (SWJ). This is a paid position with great experience. The position is open to first, second and third year students. If interested, call Group Legal Services at 636-3056 and ask for Marilyn Palumbo or stop by at 214 Talbert Hall. 2 The Opinion September 14, 1988 I from a memorandum, dated August 10, 1988, from Vicepresident for University Ser- Seventh Annual International Student Scholarship Competition — I plays a role in everything the SBA does." In the end, the Court will probably be faced with the same question posed by Neeves and McCluskey when they first presented their objections to the SBA: how do you define �I ; (OOU 1 ! fKF -^^^^"^^^ «,v the llTjjj _ PDPD discount of $1225 will be duducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. IPJ HI 1m For more information see your Pieper Representatives or contact: a aißl MM ■■■ VHHn ■ ■ mm 111 I KUU U U XII I I I I I I I I — —f^—f3« *Law student's ■■ MB H A 111All I —; ■ iIHIUA W? 1 „../.{... O: The Pieper Course Includes: Complete lecture series Essay writing # Multistate Practice and Exam Multistate Professional Responsibility Exam (MPREJ Multistate Volume Ate*/; }ftrA Zao; fe/u/ne •' Professional Responsibility Volume Pto - Jb/zn /Ye/rcri Guidance r ■ % "„ REGISTRATION MUST BE RECEIVED BY 11/1/88.* —*H®H*— uv <—-■ PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 A Telephone 747-4311 • The J7ar Course That Cares. IT'S NOT TOO LATE TO I TO PIEPER SWITCHLOSS OF DEPOSIT. II So, you've made a mistake. If you were lured into another barreview course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course I WITHOUT will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone I I (516)747-4311 I PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. I I I 90 Willis Avenue, Mineola, New York 11501 September 14, 1988 The Opinion 3 �The To the Editor: STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: September 14, 1988 Daniel Ibarrondo-Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: Nathaniel Charny, Martin Coleman, Kimi Lynn King, Troy Oechsner, Peter Strong. © Copyright 1988. The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed this paper are not in necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial: Comment on Fall Recruitment Each fall the Law School finds itself in the middle of a ritual known as fall recruiting. For many this is a time when emotions run high and they often range from disappointment and alienation to pride and satisfaction. Some (the lucky ones?) are indifferent. A good proportion of the law students feel at least some pressure to take part in the recruiting process. Likewise a good proportion of those who feel the pressure know that if they are to participate they stand little chance of receiving even one interview. Many ofthe law firms that recruit in the fall make itperfectly clear that they are looking for students with "academic excellence." This "requirement" scares many away from fall recruiters and is often pivotal in some students' decisions not to participate at all. The turmoil surrounding fall recruiting leads many to question the logic of a grading system designed to promote noncompetitiveness and a fall recruitment program which seeks those with the most competitive grades of the noncompetitive grading system. Nonetheless, the value of the fall recruitment program should not be underestimated. The Career Development Office does an excellent job of organizing close to one hundred employers to interview students on and off campus. This is a career option we cannot ignore; many law firms come right to the school's doorstep offering job security, money and a learning environment. The decision to participate in fall recruiting should be well thought out and for those who do decide to give it a shot, they must learn to keep everything else around them in perspective. Where it is wrong for a person who finds his or her name on the interview board to let their heads grow too large, it is just as wrong for those who do not get interviews or do not participate to belittle those people who do. We should be proud of those people who have achieved "academic excellence" and be content in the knowledge that they represent our Law School in a positive way. Conversely, those who choose not to participate, or who do not get many interviews, should not be made to feel alienated or less of a person by those who are successful in the recruitment process. A person's inability to talk about the number of resumes they submitted or the number of interviews they got should be no reflection on them as person. Many students who do not participate are simply not interested in the recruiting firms. This does not mean that these people have not achieved "academic excellence" and more importantly, it does not mean that they will not be good lawyers. We are all equal before the bar exam. Contrary to what at this time of year seems popular belief, our chances of passing the bar exam do not increase with the number of hundreds of dollars we make our second summer of law school. Likewise our chances do not increase with the prestige of the job we have lined up after graduation. The jobs we hold do not necessarily influence how good a lawyer we will become. In the end it is the good lawyers who will succeed and be fulfilled in their careers. This group may not include those persons who can make $10,000 in one summer and is justas likely to include those who make nothing. In the midst of fall recruiting we must not lose sight of our goals, our friends and most of all, ourselves. For it is in exploring all of our options and realistically assessing what we have achieved that we will be on our way to reaching our fullest potential. 4 Mailbox Indecencies at The Law School OPINION Volume 29. No. 3 Opinion TMPP'JVpn .September j 4/.1988 Upon arrival to UB Law this week, I was greeted with extremely friendly, progressive and interesting people and academia. In addition, I was confronted with two very flagrant violations of human decency. The first one occurred after waiting in line Bt the "mimeo office" to buy Olsen's Civil Procedure Supplements. After handing the sales rep seven dollarsand being told thatI was not getting my ten cents change because they didn't have it, I was also informed that that was the last day we could use cash. From here on in, checks would be the only way to buy mimeos. I actually thought it was a joke. (I remember shopping with my mother once, when I was about fifteen, and joking that there were so many credit cards and credit in general that soon they won't even accept cash. How absurd I thought.) My problems with this policy of credit only at the mimeo office are many. First of all, I and lots of others, I'm sure, cannot afford the minimum balance for free checking. My only option is to pay 350 per check and $2.00 a month fee (pennies, right?). It seems silly to pay 350 to by $3.00 worth of xerox. In addition, I am repulsed by an economic system that precludes the use of real money. It's very interesting to note the inscription on the dollar bill itself: "This note is legal tender for ALL debts, public and pri- vate." (emphasis added) There are options. If the mimeo office really cannot deal with cash (?) then they must set up alternatives. Perhaps a Law School Credit Union. I would be happy to deposit twenty dollars into their bank and buy my mimeos off of that money. There are many other options. My second problem has to do with parking. Is it true that there is a parking lot that you can pay $100.00 for and be guaranteed a space close to the campus all the time and at any time? I even heard that there are 800 spots on this "special lot" and they are only selling 550 $100 permits. (This guarantees those few who can afford it a spot quickly, rather than driving around looking for the 550th spot.) Personally, I can't believe it. It's as absurd as not accepting cash in a store. Jurisprudentially, Nathaniel Charny Job Opportunities For Students (special to The Opinion) ALBANY A voluntary fall intern program for New York's college and graduate students in the Department of State's 13 regional ombudsman offices has been announced by Secretary of State Gail S. Shaffer. Interns may earn possible credits for helping Secretary Shaffer's regional representatives administer Governor Cuomo's Ombudsman Program across the state. The program, initiated by executive order in 1983, helps citizens with questions or problems they're having with state agencies. Such assistance will include handling telephone inquiries, making contact with state agencies on the client's behalf, preparation of draft responses to letters referred for state agency follow-ups, research and occasional on-site inspections. They will also work closely with the officesof the Governor and Secretary of State researching issues, planning speakers, organizing community outreach programs and participating in a speaker and training series. This semester's program is - part of a series of internship programs that are offered throughout the year at state offices in Albany, Binghamton, Buffalo, Hauppauge, Jamestown, Mineola, Montour Falls, New York City, Potsdam, Rochester, Poughkeepsie, Syracuse and White Plains. Interested students should contact: NIAGARA FRONTIER (counties of: Niagara & Erie) Sheila Murphy Department of State 65 Court Street Buffalo, NY 14202 (716)847-7110 From The Past... The following is excerpted from The Opinion, Volume VI, No. 1, February, 1966. We've come a long way. LAW WIVES One of the offshoots of the law school is a small but dedicated group of girls, the Student Law Wives' Organization. Formed in 1957, its official purposes are: To create enjoyable group settings in which girls in the unique situation of being married to law students can meet and promote friendship, and To raise funds for scholarships given annually to deserving married students. Of the roughly 270 future attorneys atSUNYAB school, 77 are married. Not all of these girls law members, but those belonging are all active, are participating members, making up with their willingness and energy for their relatively small number. Committee For Students With Special Needs The Committee on Law Students with Special Needs was recently established to work with law students with special learning needs or physical or mobility-related needs. Our function is to help make the programs of the Law School and the building itself more accessible for these students. If you have a special need that affects your activities as a law student, we would like to meet with you. Such meetings are, of course, confidential and will not in any way be reflected in your permanent record. Through meetings with students, we have been able to make arrangements that have made law school courses, exams, and related activities more convenient, accessible, and fair, and we have also investigated matters relating to accessible housing and transportation. The entire Law School community will benefit if every student has fair access to academic and extracurricular activities and programs. We hope you will contact one of the following members of ourcom- mittee if there is some way in which we can work with you to achieve this goal: Faculty and Staff David Engel (Chair) Ronald Hager George Kannar Fred Konefsky Mary Lang Marcia Zubrow Students Betsy Bannigan Robert Davis Glenda Fishel Ivan Khoury Chris Reo Messages for these committee members can be left in Room 522 (tel. 636-2091) or Room 507 (tel. 636-2167). The Opinion RECRUITMENT PRR T V The editorial board of The Opinion formally invites all interested law students to attend the paper's fall recruitment party on Monday, September 19, 1988 at 3:30 p.m. in Room 724 of O'Brian Hall. Topics will range from what it takes to become a staff member to the paper's new and improved format. • MONDAY, SEPT. 19 3:30 PM Room 724, O'Brian Hall �Pullout: 1988-1989 SBA Class Director Elections First Year Candidates Tom Galligan Dennis Fordham Petitions, petitions, petitions! No more! I thank the 40 signatories to my candidacy, and now it is my turn to tell you who I am, and what I want to do. First of all, I am a good-natured chap who enjoys working with people and looks forward to serving you if elected. I am most happy to be at UB and am liking Law School. This I attribute to the friendly atmosphere at UB and my spirit to do well. Enthusiasm leads me to being genuinely interested in student affairs, the business of S.B.A. What then do I hope to accomplish in 5.8.A.? A concern that I have regarding student welfare is the need for patrolling of the O'Brian in the evening while the library is open. Often I find myself when I leave the library walking in an empty building, and exiting unguarded doors. This is an issue that I would like to haveaddressed by the SBA. Also brought to my attention is the need for accessability to theO'Brian building for the handicapped, and the need for day care facilities for the students. Moreover, I will be open to the ideas from fellow students, and table those that are most widely urged or are just good ideas. Finally, as to my prior academic experience, I graduated from Columbia College in May. Columbia College was a case-in-point where security was a conscious issue and was improved by student input. Thank you for yourattention. Audrey Miller APATHY vs. ACTIVISM FACTS: Audrey Miller, Ist year law student at SUNYAB Law School seeks to persuade her classmates of her interest and commitment to and for the spirit and activist nature of the class of 1991. PROCEDURAL BACKGROUND: Employed by New York State Assembly, Albany, NY. Observed the unfortunate attitude of apathy held by disinterested citizens. Chose law school career as a path to inform and educate others. ISSUES: Safety of law school basement "Checks only" Mimeo Room policy at Parking Lack of adequate student lounge HOLDING: A beer RATIONALE: 1. Undermine the general apathy of both public and law school population. 2. Holistic approach to the total law school experience by combining academicwith extracurricular activities. 3. Reform through change. 4. Unify the Class of 1991. NOTES: Candidate does not profess to know all the issues, but will work toward building a strong case of equality and justice for all. JUDGMENT: To be ruled on Th-Fr September 14th-15th. Justice is truth in action. Benjamin Disraeli (1804-81) House of Commons, 11 February 1851. For many of us law school represents the last great break before starting or resuming our professional careers. With this in mind, it offers us the opportunity to meet and enjoy our new found friends and explore different avenues of the law. At the same time law school is a serious academic endeavor that requires our constant attention. We need to do well in our academic courses for later career placement. I guess that is what I am trying to say. Forget all that stuff I said about enjoying your friends and law school, I was just groping for straws. What I really meant to say is that we need to devote our time to study and placement. The above thought was borrowed from Kevin Kneeland of Saturday Night Live, not plagiarized like Joe Biden's comments. I think there are a number of issues facing thelaw school and the university at large. Even though it feels we have been at Buffalo most of our lives, we have only been here for three weeks. So I do not believe I am in a position to judge. However, on appeal I think there will be issues that will concern us. The issues will range from lack of a full-time financial aid administrator to time and space requirements at the library. One of the primary responsibilities of the Student Bar Association (SBA) is theallocation of funds to student organizations. SBA not only appropriates money, but tracks funds so that they are being spent effectively and efficiently. Since graduating from Cornell, I have spent the last two years working in municipal government. This has involved working with departments on their budgets and conducting management studies, precisely those skills which the SBA requires. Mark Steiner "Here's a dime. Go call your mother you are running for SBA". My name is Mark Steiner. My section knows me as "Mr. Seaweed". Urn. Well. Ask someone from Section 2 to explain. Why does someone run for SBA? I'm really not sure. I am trying to get your vote with a smile and hard work. Issues. What issues are confronting us as Law Students? Parking. Yes. I will work on a fair and decent way to park on campus. Buses. Can we do something about the blitz to get on board by going through your neighbor? Yes. There must be a way. Financial Aid Administrator. We deserve someone full-time on campus. Perhaps a student lounge too. What I am getting at is this: I NEED YOUR HELP. Tell me what bugs you. What issue is the most important to you. I'm the son of a plumber so I can get to the bottom of most problems. My box number is 819 so drop me a note. If you see me in the hallway I usually carry too many books and a black lunch box (yes a lunch box). Thank you. Lizabeth A. Martin My name is Lizabeth Martin and I am not taking a stand on anything as I enter the race for First Year class director of the Student Bar Association. What I am counting on to be a successful director is my ability to represent our class. If elected, I and the rest of theSBA will address the issues raised by you throughout the year. Having arrived in O'Brian Hall only two weeks ago, my platform is only to assure you that your issues, curiosities and concerns will become my burden as class director matters will not be solved instantly, but will be communicated to and discussed with our electoral body. My ideas on electoral representation have evolved from my past education and recent professional experience as a reporter. After receiving a B.A. from UB in 1986 with a major in political science and minor in philosophy, I covered city government and education for a daily newspaper in Kingston, New York. Although professional ethics required me to keep my mouth shut regarding my opinions of local political issues, it also demanded that I ask the "right" questions on behalf of my readership. As class director, I will continue to ask the right questions, and, as in my former profession, keep prodding until I get the best response I can. I feel my experience in analysis and simple observation of government will be to my advantage as a class representative. Having just emerged from a role of forced neutrality during my tenure in the press, I will initially be extremely cautious as I approach an issue. But I guarantee that I will be thorough in hearing out and investigating the many aspects of our First Year concerns. This is the best I can promise my classmates. I ask you for this oppor- — tunity to act. Steven I. Rubinstein There are before you a number of candidates who wish to become Class Directors, I being one of thosecandidates. Surveying the selection, I am compelled to conclude that as a group, they represent an impressive selection of potential leaders. Although I may not be acquainted with every first year student who is running, those that I do know impress me as being serious, not only about the study of law, but also about helping to make our school a better learning environment. How then can one decide for whom to vote? I suspect that one effective strategy would be to look at what each candidate has to say about the issues facing the Law School and try to choose those that most clearly approximate a point of view with which you agree. There are many concerns and issues: Questions concerning the curriculum and curriculum choices; questions concerning financial aid; questions concerning child care, advisement, or the student lounge, to name a few. Another effective strategy would be to look for candidates who offer the greatest possible potential for effecting meaningful change, i.e. for getting things done. Here experience, as well as knowledge of both people and "the system" play a critical role. I believe that I have the requisite experience that will assist me in functioning as a highly effective representative for our class, and for the Law School in general. I served in student govern- ment as an undergraduate dur- ing the height of the Viet Nam War, a time of great conflict and tension. The political climate during that period made it particularly difficult to maintain a focus on the resolution of fundamental issues since whatever you felt about the war, you were engulfed in a flood of highly charged emotion. It was in that environment that I gained invaluable experience in how to distill the basic components of an issue, and how to most effectively generate positive movement while working with groups having diverse or even opposing opinions. National political issues aside, the record at my undergraduate college shows that through student government service, work on several major administrative campus-wide bodies, as well as on the State University of New York Chancellor's Panel on University Purposes, I succeeded in helping to bring about significant changes in many of the important campus issues of the day, including the practice of the school to act "en loco parentis," curriculum requirements, dormitory regulation, alcohol policy and others. I am a "non-traditional" student. I returned to school after many years as a psychotherapist, an occupation which has helped nurture an understanding of people and their motivations, not to mention the art of subtle persuasion. Psychotherapy is a people oriented profession. If elected, I intend to be a people oriented Class Director. I spend over 50 hours per week on campus, and will make myself available to law school students, faculty, and administration through weekly office hours at the SBA office, and at other times as needed to properly represent the interests of our class and the Law School. Rather than seeking office to advance a personal agenda, I intend to work on those issues that are deemed most essential by my colleagues. I hope and trust that you will give me that opportunity. Bradford Barneys I am a candidate for first year director on the Student Bar Association, and I intend to represent the interests of all first year law students. We are a new addition to the legal community here at SUNY Buffalo Law School, thus, we have our own specific concerns that must be addressed. I want to be the voice of the first year class. At Cornell University, where I received a B.A. in Government, I was an active advocate for student interests. If elected as a director, I will be an avid advocate for your interests. Eric Katz "The Law, wherein as in a magic mirror, we see reflected not only our own lives, but the lives of all men that have been! When I think of this majestic theme, my eyes dazzle." (Oliver Wendell Holmes, Jr.) At this moment many of us are finding it hard to believe that one day we too will possess this passion. Our first year is the year of indoctrination. Even though we have only been here a short time, there are a number of issues I believe need to be explored. Because of the difficulties of first year, I believe there exists a need for mandatory taping of all first year lectures. The current policy of taping upon request does not suffice. How will a student know when an important or hard to grasp topic will arise? The many advantages far outweigh thesmall monetary cost. The two academic classes which are created for the adjustment and orientation into law school and the legal world are Legal Profession/Ethics and Research and Writing. In the SBA published "Recommendations to the Dean" upper-class students believed that legal professions "needed a balanced approach"* and "black letter ethics."* I will push for these changes. In Research and Writing, the students called for more "writing of pleadings and more oral argument."* We will be working harder this year than we have ever before. Our education should not be hampered by little things like library hours and lack of xerox machines. Law students must be given every advantage that a UB undergrad possesses. I believe positive change can be accomplished through the Student Bar Association. While at SUNY Binghamton, I was fortunate enough to have been involved in a number of organizations which furthered the rights of students. As Residential Hall President, I served as a link between the administration and residents. The position allowed me to be involved in the coplanning of new residential policy. I was chosen to serve on the University President's task force on alcohol policy, which prepared for the raising of the state drinking age. I also served as a representative to the Student Association (all University Government) and the Library Committee. Through these organizations, I realized the importance of delegation, stability and leadership. If students work together and utilize the student government effective change can be brought about. *From SBA's printed "Recommendations to the Dean" First Year Candidates' Statements continued on page 7 September 14,1988 The Opinion 5 �SBA Describes Function of Law School Committees 1. Academic Policy and Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. It is composed of the Dean as Chair, three faculty members, three students and a Law Library Faculty member. Meetings are held when theCommittee has proposals to review; i.e., somewhat irregularly. 2. Academic Standards and Standing Committee (ASSC) This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. It meets when it has sufficient matters to review or when action with respect to a student petition is particularly urgent. 3. Admissions Committee This Committee sets general standardsfor admission and reviews filesofcandidates for discretionary admission. Composed of six faculty members, one of whom serves as Chair, four students, a Law Library faculty member and Deans Carrel, Newell and Wallin, it generally operates through subcommittees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. 4. Appointments Committee This Committee screens candidates for faculty positions, arranges visits and interviews, and makes recommendations on appointments to thefull faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for twoyear terms), two students, the Dean and one Law Library faculty member. The Chair is elected by the faculty members. The two student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit with a diverse group of students, and to report to the Committee student reactions to visiting candidates. The Committee meets frequently in the fall and in the early part of the spring semester. 5. Budget and Program Review Committee (BPR) This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only when the VicePresident allocates the funds for the Law School budget for the next fiscal year. The Committee is composed of the Dean as Chair, three faculty members, three students, Dean Wallin and a Law Library faculty member. The three faculty members are elected by the faculty at large. 6. Faculty Student Relations Board (FSRB) The Committee acts on student disciplinary matters, student grievances against faculty members or other students, and faculty grievances against students. It is also charged with establishing the method of student evaluation of teaching. It is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends on the number of cases filed, with respect to which the Committee conducts hearings and/or en- gages in other forms of investigation. Its proceedings respect the confidentiality of the parties. 7. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel of communication between the users of the Library and the Library staff. It is composed of four faculty members, one of whom serves as Chair, and four students. 8. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library faculty member and three students. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. 9. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first-year Legal Methods program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has four faculty members, one of whom serves as Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. 10. Student Representatives to Faculty Meetings This Committee attends faculty meetings and represents student views to the faculty. History and Foundation Ask a typical crossection of Americans what they think of lawyers and you are likely to receive a happy mix of viewsfrom exasperated grunts to muttered curses. "They are vultures of modern capitalism" a young revolutionary might cry, and not too many mainstream American would disagree with her. They charge exorbitant fees and are nearly impossible to do without —if you want to achieve a semblance of justice in our legal system. Given this combination it is no wonder that the legal profession is the butt of such generalized acrimony. It would be a distortion of the truth however, if all lawyers were stereotyped as money grubbers feeding off of your by Martin Coleman legal misfortunes. Large numbers of lawyers come into the profession because they hold a burning passion for justice a desire to see normal people receive economic and political rights that are routinely denied them because they don't have — 6 the All-Mighty dollars to pay for them. If you happen to run into lawyers of this ilk you will find that most of them belong to or are affiliated in some way with the National Lawyers Guild. The Guild, as it is affectionately called by its members, wasfounded in 1937 asan alternative to the familiar American Bar Association (ABA), because of the ABA's unflinching legal support of the status quo monied interests that fought New Deal attempts to lead our country out of the Depression. The Guild soon blossomed into an organization that recognized as its guiding principle "THAT HUMAN RIGHTS SHALL BE REGARDED AS MORE SACRED THAN PROPERTY INTERESTS." Where the ABA excluded Afro-Americans from its ranks, and ostracized women and lawyers with more radical political views, the Guild invited all lawyers to join its organization regardless of sex, skin color, or political beliefs. In the 1940's Guild members organized union campaigns, The Opinion September 14, 1988 The faculty meetings are chaired by the Dean and are attended by all faculty and the administration. The student representatives are invitees and hence do not have a vote on issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice President. 11. Committee on Resolutions This Committee will be in force on a trial basis for the 1987-88 academic year. Its sole purpose will be to function as a forum for any resolution coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will includeformal presentation of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors, and three student members at large. 12. Finance Committee Chaired by the Treasurer, the Finance Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The Committee als.o acts on requests for student activity fee waivers and additional funding requests throughout the year. The Committee will be comprised offive students. 13. Rules Committee This Committee acts on recommended changes in SBA ByLaws or the Constitution. It also reviews activities and makes recommendations to the Board with respect to supervision and coordination of duly approved SBA organizations. The Committee is responsible for imposing sanctions (after a hearing) on any student organization for violation of SBA Constitution or any rules promulgated pursuant thereof. It will be comprised of fourSBA Class Directors and three students at large. 14. Buildings and Computers The new standing committee will evaluate short and longterm proposals for physical improvements around the Law school. It includes faculty and student members who will decide the priorities for construction projects, allocation of space, and plansforthe student lounge. Three students and one alternate will be chosen by the SBA to represent the student body. 15. Committee on Special Needs This committee will examine the learning and access needs of students who are prevented from fully participating in their legal education because of unique learning and physical abilities. This committee will be focusing on issues facing students such as the inability to access library facilities, classrooms, and other areas of the law school. Additionally, this committee will evaluate what can be done to improve the resources available of students with unique learning needs, e.g. dyslexia and other visual impairments. Three students and one alternate will be assigned to this committee. All students with unique learning needs are particularly encouraged to apply for this committee, as well as all others. 16. Anti-Discrimination Policy Committee This committee, in conjunction with the faculty will help facilitate decisions concerning the anti-discrimination policies of the school. In the past, this committee has focused primarily on the on-campus recruiting policies of the JAG-Corps (legal branch of the armed services), but it is the hope of the SBA that this committee will continue to evaluate all administrative policies which discriminate against any and all persons. Three students and one alternate will be appointed for the annual term. of NLG Discussed opposed racial discrimination, fought against the poll tax, investigated race riots, and made sure that the ABA knew that it ought to be spending more of its time promoting Justice for all, instead of making themselves and a small selection of Americans more rich. After WWII the Guild participated in the Nuremberg trials and the founding of the United Nations. This turning to international concerns with Justice proved to have an enduring impact on the Guild's activities and reflected a natural extension of their concern with human rights on a national level. Members realized that abuses of human rights could not be ignored simply because they occurred beyond the artificial borders of their own country. In the 1950's the Guild struggled through difficult times because of the Anti-Communist hysteria flamed by the McCarthy era witchhunts. Some members of the Guild wanted the organization to back away from supporting those singled out by the House Unamerican Activities Committee (HUAC) because they were afraid that the Guild would be labeled a "Communist Front" organization, and then become isolated from support by the cold war liberal democrats in power at the time. Fortunately, principle won out over expediency. The Guild actively supported many prosecuted by HUAC and suffered the consequence of losing many members who could not stomach the idea that "Communists" deserved as much legal respect for their political beliefs as any other person. During the 1960's the Guild was an early and active supporter of the Civil Rights movement, with such distinguished members as Supreme Court Justice Thurgood Marshall and former Dean of Howard Univerity Law School William Hastie leading the fight for the "Simple Justice" of equal rights for Afro-American people. In the 1970's the Guild was active in providing counsel for Resistors of the Vietnam war, and of the forgotten G.l.'s in Vietnam, many of whose rights were routinely violated by racist and arbitrary military authorities. The Guild also began campaigns that are still being fought today in the struggles for the economic and political rights of Indigineous peoples, women, and gay and lesbian people. Today the Guild has nearly 10,000 members in over 200 chapters, including a Buffalo chapter formed in the wake of the Attica prison riot and massacre that occurred in 1971,and of which I am a member. The Guild chapter here at the UB Law School has taken to heart the Guild's commitment to rights, much of the time at risk to its reputation amongst its peers. Just last year a UB history professor, in an article about the Law School to the Buffalo Evening News, insinuated the Guild was a "Communist Front" organization. While bothered that some people might be taken in by continued on page 11 �Pullout: 1988-1989 SBA Class Director Elections it First Year Candidates if Alan Mealy — Hi my name is Alan Mealy, and I'm a first year class candidate for SBA Class Director. Due to being a new transplant from Southern California, I felt this was a good opportunity to meet and get to know more of my fellow classmates, especially those I don't know very well in other sections. An important reason for my deciding to be a candidate was a desire to become more actively involved in theactivities and decisions that effect my peers and myself as students at UB Law School. Although I may be presently unaware of certain issues unique to New York, and UB proper, I also believe I can bring a different perspective to the process of searching out and confronting those significant issues of concern to the student body. My commitment to work towards a more effective administrative policy reform is supplemented by over fifteen years of experience as a psychotherapist, necessitating strong communication skills and a high degree of empathy for the needs of others. I feel these are all important qualities of an effective class director. In reviewing the report to the Dean from the SBA sub-committee, I observed several issues that continue to impact upon students; you have probably already experienced a number of these first-hand, as I have: 1) The severe competition for financial aid, and the attendant complications in receiving it in a timely manner. The lowcost of attending UB can end up being outweighed by the high costs of inadequate and delayed financial aid to students. As a student director, I would continue to push strongly for a full time (8 hr/day) professional financial aid administrator specifically for the law school. 2) Better utilization of law library resources, including addressing conflicts in the use of the library (and study cartels) by undergraduates, extension of library hours now open to students (especially around exam time), and the frequent lack of availability offunctional photo-copiers (often two out of thethree available are under repair). 3) Curriculum reforms, particularly in addressing the areas related to previous students' frustrations with the qualifications of TA's in the Research and Writing course; and adequate availability of a variety of desired courses for second and third year students (we'll be there soon enough). While addressing these pertimy "Malibu nent issues, Model" approach would also stress the importance of regularly taking time to kick back and rejuvenate the mind and body. I can envision a Jacuzzi in an expanded student lounge in the fifth floor courtyard, as well as regularly SBA sponsored social activities and justplain parties! In other words, a "balanced ticket." Thank you for listening, and hope you'll choose to vote for I me for first-year class student class director on September 14th and 15th. Nidhi Kapoor — Most importantly get out there and vote. By the way, while you are looking over the ballot forms consider Nidhi Kapoor. Hi, I just want to brief my ideas on what I'd like to see done for our school. There are some key points that are affecting us already. Library hours need to be extended. We need a student lounge where we can pass out after a grueling reading of Civil Procedures. Some sort of attention needs to be brought to the horrendous parking problem. Lastly, let's not forget that we are not hermits. We need some sort of a social life; happy hour once in awhile to vent out our tensions. There are also things that we will have to consider in the future. When we register for second year (yes second year!), we very well might run into problems with over subscribed classes. Apparently this has been a recurring problem amongst our colleagues and we need to confront it. Lastly, on a more genial note for not only the Law School but in the best interest of the campus as a whole, I'd like to see an emergency phone system implemented throughout the campus. We should have emergency phones where one can simply lift the receiver and public safety is notified of a potentially dangerous situation. — Surely there will be times (many times) when we will be leaving O'Brian at the wee hours of the night. I'd like to think that no one is in grave jeopardy if they are alone. Whether it be in the basement by the lockers or on the path to our cars we should have access to a recourse action. So there it is, justsome of the issues I'd like to challenge. Thanks for your time and remember to vote! Maria Germani CHICKEN WINGS! BEER! CHICKEN WINGS! CHICKEN WINGS! (Now that I have your atten- tion...) Hi! My name is Maria Germani, and I want to represent YOU! But before I engage in a little self-promo, I've got to ask one thing: Why chicken WINGS? There's no meat on them! Why not the breast, or leg? And what about the neglected vegetarians out there? What does Buffalo have for them tofu wings? Getting back to me, ...I am a graduate of, ...uh, Harv, ...um, ...uh, Yale, I mean New York University (yeah that's it) with degrees in ...uh, nuclear ...ummm, ...Political Science and History. In High School I served four years as class Senator in our Student Government. Shortly thereafter, I ran for Congress and served two terms in the House of Representatives, representing the 19th Congressional District of the northeast Bronx. You say I was too young to run? ...Wei, ...ummm, ...uhh, ...they, ...uh, ...they liked me. Yeah, that's it! They liked me so much, they uh, ...made me. — ...uh Speaker of the House! Yeah, that's the ticket! All kidding aside, I'm running for S.B.A. Class Director to represent the Class of 1991(2). From what I've heard around the school, and from what I have read in the S.B.A.'s Report to the Dean, there are developing issues that need to be addressed. ...um, As newcomers to ÜB's Law School, many of us are still unaware of any disturbing situationsthat may exist. We've only heard about the deprivation of space in the Law Library due to the undergraduates access to it. Soon enough (if not already) we'll learn first-hand. Some issues have already hit closer to home: not particulary pleased with ÜB's H-Q grading policy? Speak out! And what's with the parking predicament for thefortunate(?) folks with four wheels? Have you any recommendations or ideas on changes to be made on any issue? Do you need to know something real quick? Let me know, maybe I can help. I'd like to be the go-between between you and S.B.A. My voice is your voice. Vote for me and letyour voice be heard! Laurie Donofrio-Tomei Laurie Donofrio-Tomei, the youngest of six kids, is a 1984 graduate of the University of Rochester. In 1985 she obtained her Masters in Psychology, specializing in human development. As the hypenated name would suggest she is married and has been for three (3) years. She spent the pastyearworking at the Lawyer's Co-operative Publishing Company. Why did you choose UB law school? LD-T: UB offered a mix of high quality progressive education and "personability" that I had not enanywhere countered else. I was impressed with ÜB's reputation. And dare I say I found UB affordable? Q: Why do want to be class director? LD-T: I want my law school experience to involve more than studying. There are things that need to done if the quality and "pleasurability" of UB Law School are to be maintained and eventually improved. Besides I need something to occupy my spare (yeah right) time. Q: What personal characteristics do you possess that suityou for this position? LD-T: As my friends and grade school teachers can atQ: test, I am an extremely social creature. The pri- mary role of a class director is to listen to the Q: needs of students and be able to effectively present their cause to the faculty. I'm very approachable, and I love a good fight! What issues would you like to see SBA address this year? LD-T: 1. The necessity of a full time financial aid administrator. OK it's true, UB Law School is a good buy and many students choose to study here because of its affordability. However, since economics seem to be of great importance to many of us why does UB persist in maintaining an under-staffed, under-resourced financial aid program? I believe a full time financial aid administrator in addition to a graduate assistant advisor would aid in faster processing of loans, and provide greater access and advisement. 2. Now that our financial troubles are off our minds we need a place to rest and relax and revel in our acI'll complishment. see ya in front of the library, that is the effective student lounge, isn't it? We need a real student lounge. 3. Asforthe library, let's get some extended hours. 4. UB Law School needs an on-site, functioning, affordable, acchild comodating care center. 5. The lack of communication, coordination, and integration between the administrative, procedural, financial and academic offices of the law school area great source of student frustration and need to be addressed straight away. — Thanks for reading hope I didn't bore you. Hey wake up! Mark C. Phillips Hi, I'm Mark Phillips. First, a little background information. I'm from Ft. Worth, Tx. I have a B.A. in Philosophy and Psychologyfrom T.C.U., and an M.A. in Economics from N.Y.U. I am currently a Gilbert Moore Fellow in Philosophy and Jurisprudence here at U.8., which means I'll be going on to obtain a Ph.D. in philosophy subsequent to obtaining the J.D. Having looked over the S.B.A.'s report to the Dean, I'd like to enumerate my stands on various issues here at ÜB, and especially at the Law School. Here, then is a list of recommendations and/or positions. 1. Revise advisement program to include select upperclasspersons as well as faculty and improve coordination with Career Development Office. 2. Continue to "not tolerate intolerance" and be even more vigorous in denouncing and repudiating all bigoted behavior in respect to minorities and women, most particularly ethnic and racial minorities and gay, lesbian or bisexual persons. 3. Extend drop/add period for the benefit of everyone, especially to help outof-town students. 4. Work vigorously to provide better facilities for all manner of handicapped persons. 5. A fully functioning, perhaps subsidized, child-care with extended facility hours. 6. Comprehensive, detailed course guides each year. 7. More Bar-related courses and workshops. 8. Promote more meaning/participation in "Legal Professions" course, perhaps integrating a Legal Ethics course. 9. Offer more sections and/or allow more students per section for such hi-demand, often oversubscribed courses as Corporations, Comm. Paper, etc. 10. Provide more offerings such as the following: Jurisprudence & Social Philosophy, Law & Economics, Antitrust Law & Policy, Investment Banking Law, Medical Ethics & Law, Advanced Criminal Law, Advanced Environmental Law & Policy, Patents/Copyright / Trademark / Trade Secret Law, and, finally, seminars on great modern and contemporary jurists and social/legal philosophers, such as John Rawls, Robert Nozick, Bruce Ackerman, Richard Epstein, Richard Posner, Ronald Dworkin, H.L.A. Hart, the late Lon Fuller, Frederich Hayek, Roger Pilon, and last but by no means least, Roberto M. Unger, one of the doyens of Critical Legal Studies. 11. Revise Law Library Policy: (a) no undergrade w/o special research needs, and only with special permislibrary sion (b) extend hours to 2 a.m., and have it open 24 hrs on weekends (at least during exams) (c) provide more photocopiers. 12. Create new sth floor lounge and / or renovate existing 4th fl. lounge. 13. Finally, renew Shuttle Bus service on a frequent basis to Boulevard Mall for the benefit of all sudents dependent on the Shuttle for transportation. I promise you, who may sometimes feel disenfranchised, that I will vigorously and conscientiously strive for the above-listed objectives, plus any other worthy objectives that you might bring to my attention. As one of your representatives, I will welcome the opportunity to hear from you concerning any problem or proposal. So please vote for me, and let's work together to improve what is already a fine, liberal Law School. First Year Candidates' Statements continued on page 8 September 14, 1988 The Opinion 7 �Pullout: 1988-1989 SBA Class Director Elections Deeanna M. Gal la — This is it law school. The big L.S. and probably three of the most important years of our career lives. Make the best of it. Vote. It doesn't necessarily have to be for me, as long as you make an informed choice. All of our needs will be better met if we are aware of the issues that face us and if we vote accordingly. Remember, out of all the students who will vote today we will be here the longest, so the future effects of the S.B.A. will have the greatest impact on us. So much for the boring lecture. Now let's get to the good part, namely, what I stand for. My reasons for running for class director are very basic. I believe that everyone should have a voice and if I could facilitate that voice it would be very gratifying for me. I have researched the issues which affect us and there are many more than I ever thought existed. Let's start with one of the biggies, financial aid. Anyone who has ever attended this wonderful institution in the past (especially me) needs no introduction. It goes something like this: You approach the financial aid counter frantic. Your check was supposedly in the mail three months ago and now, with $.63 in your pocket and a half-empty bottle of ketchup in the 'fridge you're ready to give up on higher education and join the McDonald's team. An uninterested monotone greets you from behind the terminal, "Social security number? Oh yes. Smith right? Well, your check was in the mail but it never seemed to have materialized I'm sorry, I can't help you. Fill out form 228 and 54A and call this number and write your congressperson but most of all, pray!" Meanwhile you live on ... .. - ketchup. But that was undergrad you say. Well I was almost fooled too. Unfortunately, after reading may law students' comments of the topic, the problem seems to be just as bad in the law school. Believe me, if I can in any way be effective in reforming these outrageous financial aid errors I'm there! — There are so many points to discuss here and so little space. facilities for Adequate childcare, availability of curriculum (we as second years could be closed out of many important classes if something isn't done), no lounge for the law students, grades being submitted late, undergrade taking up limited space in the library, limited law library hours, and the whole structure of registration (which I hate to mention, is another of one of those biggies) are all important issues that face us. And by the by, has anyone tried to find a parking spot lately? At any rate your input is the most important factor —so vote. After the six class directors are elected let them know what you want done. As Kimi King, the president of theS.B.A. said during orientation, "Don't suffer in silence!" 8 * First Year Candidates Gerald Schaffer Don't be snowed over in Buffalo! !! Know where you are and where you stand. I will make student interests my concern; not offer pretentious statements, abstractions, or rhetoric. Sure it's easy to make such a wide-sweeping claim, but I believe that I have a few enriching ideas. I've been at U.B. for 5 years (yes theol' super-senior status). After graduating from the Biology and History Departments, I decided to attend U.B.s Law School. The #1 reason I chose U.B. was because I really loved it here as an undergraduate (#2 and #3 didn't hurt either a good school and relatively cheap). Other than a bit of congestion in the parking lots U.B. is really a great place to be. If you want reasons why just saunter (or schlep whatever's your style) up to me and ask. Enough senseless chatter. Here are some of the things that I propose: 1. Creation of a Law Student Newsletter (yes I know that the Opinion is our own personal publication). I think that this could be an informal question and answer type of newsletter (with questions coming directly from YOU the student) that could be distributed via the mailboxes. 2. Creation of, or augmentation of, intramural sports activities. I can't think of a better way to deal with stress, remain fit and promote a healthy sense of competition between sections. As any person familiar with Alumni Arena can attest, we have one of the finest facilities of its kind in the state. We pay for it (check your finanacial statements), why not make use of it. I've already discussed this with several people and volleyball seems to be a favorite, although that definitely doesn't exhaust the possibilities. I have many more ideas and if you have the time or inclination, please ask. I seem to have run out of my allotted space, so I'll end with, "If I'm elected FREE Beer and H's FREE Parking for everyone" (finally caught your attention, huh?)!! — — .. .. .. Michele Driscoll Hi! My name is Michele Driscoll, and I am seeking election as one of your six Ist year student directors on the Student Bar Association. To give you a little bit ofbackground information about myself, I am from a city called Auburn, NY, which is about midway between Syracuse and Rochester. It's the home of the smallest of the Fingerlakes, Owasco Lake. Since I live near the lake, you'll often find me waterskiing, boating and swimming during the summer. During the winter you'll find me wishing it was summer. I enjoy the monsoon seasons in NY so much that I stayed here during all four undergraduate years of college. I spent my first two years at C.C.C. (Cayuga Community College) in Auburn, then transferring for the re- The Opinion September 14, 1988 maining two to Cornell University in Ithaca. I graduated with a B.S. Degree in Industrial & Labor Relations this past May. Along the way, I've had extensive experience in student government organizations such as the C.C.C. Board of Trustees, Student/Faculty Association, Student Government Organization and Student Senate to name a few. I know that these organizations have bettered the communities they've served, and I'm convinced that the SBA is able to do so as well, which is why I'm running for this office. Some of the specific problem areas which seem to need addressing this year include parking (vultures are everywhere!), student lounge facilities, the School's nationwide ranking and publicity, financial aid, and academic advisement. A few specific ideas include the construction of new parking areas and/or rezoning of existing parking areas, the posting of student ride boards for carpooling purposes, construction of a new student lounge or revamping of the current (but unused) one, the distribution of brochures to major employers and universities around the country to enhance the nationwide image of the school, and career forums in which alumni are made accessible to students for students to get more information on possible career options. This list of problem areas and ideas is by no means meant to be all-inclusive. I look forward to hearing any suggestions and ideas which you have for improvement as well. As Frank and Ed say, 'Thank you for your support. Joe Toth Law students, first of all, are students, and students enjoy a special status at places of higher learning: they willingly submit to present control in hopes of future liberation. The will to teach and the will to be taught are powerful but unequal allies, their relationship underpins this control of students. Any strong alliance depends on sharing interests, on voicing concerns, and on bargaining for goals and perspectives. Naturally, dissent and agreement coexist. Most important to this compact, however, is the responsibility of the participants to oversee their individual needs and rights with a dutiful vigilance, for only they know their experience well enough to represent it wholly. The Student Bar Association takes part in a kind of alliance, representing the interests of rank and file law students to the faculty and administration of the school mainly through committee work. They must listen, speak, and bargain for students. They must, through knowledge of charters and bylaws, work to convey our experience and to ensure that students are treated fairly and with dispatch. Simply, SBA must know our rights and protect them with vigor. I'd like to serve on SBA, particularly on policy committees, because I think exploring the way academic institutions establish control as well as pro- — * (continued) duce knowledge rounds out one's "education" in a subject. I also think I'm successful at committee work, learning to represent through direct experience. I served as Vice-President of the Association of English Graduate Students for a year. AEGS is Michigan State University's English graduate student government organization, similar in charge to SBA. We dispersed funds, held electionsfor departmental committee positions, organized social events, and represented English grad students at the larger university graduate student council. Generally, we acted as liaison between administration, faculty, and students, tackling issues such as the awarding of assistantships, the size of seminars, and program requirements. I also served two years on the College Advisory Council of the College of Arts and Letters. Here I was the lone graduate student member, representing graduate students at large. The committee advised the dean on by-law issues, such as changes in the degree requirements, and reported on the dean's activities usually regarding the budget to the college. Finally, I served, with another graduate student, on a search committee for a new dean of Arts and Letters. This intense, thirteen-month committee was charged with establishing a short list of candidates. We advertised, collected dossiers, ranked candidates, read dossiers again, interviewed, ranked some more, and finally came up with a short list. Along the way we argued: Is faculty vote binding or advisory? How shall students meet the candidates? What does "shared responsibility" between provost and CAC mean? Is the Search committee's vote on the short list binding? And so on. I mention these seemingly mundane details because they characterize the way in which administrative work at universities gets done: meetings and discussions, rules and procedures. In it all are opportunities to advocate and to advance one's positions, provided that representatives understand the structure and function of the institution in which they reside. The work is neither glamorous nor easy, though it is less difficult with experience. — — by Kathy McDonald My name is Kathy McDonald and I am running as a first year director for Student Bar Association. From my understanding there are three functions of the SBA. It provides social functions for the law students. It is a source of funding for thevarious organizations run by the law students. It initiates ideas on how the law school operates, including placing students on the various law school committees. Many of you who know me will realize that socializing will be the aspect of SBA that I would concentrate less energy on. Fiscal decisions are important, but I must follow reasonable formulas for allocations of funds. The SBA makes appointments to Faculty/Student com- mittees. The class director should provide her classmates with information regarding committees and the function of those committees. She should assist, by being approachable, those classmates interested in appointment to committees. And her interest should not stop there. Meeting with first year committee members to follow the progress of the committees is also important. An SBA director has a responsibility to keep her classmates informed of all pertinent issues discussed at SBA functions and law school committees. She also has responsibility to keep students informed of the concerns of their classmates. She has a responsibility to encourage discussion and questioning; to encourage and initiate ideas; to encourage and promote involvement. An SBA director has responsibility to present and vigorously defend ideas of all those she represents. Since our admission to UB Law School, several issues have already come to our attention as students. We have all been effected by the arbitrary and capricious manner in which we were assigned to groups without regard to how it would affect our own schedules. Another topic of concern has been allowing recruitors on campus from employers who discriminate against individuals based on sexualorientation. I have also heard concerns related to thefaculty statement of discrimination by law school students. Some mechanism for reviewing faculty actions arising from that policy statement would help to protect our first amendment rights. The most important aspect of SBA seems to be providing a forum for law students to bring ideas. Many people share the same ideas, but without the forum provided by the SBA they believe that their ideas are isolated thoughts. If enough people believe that their ideas are just and rational, the SBA can provide an ideal means for addressing faculty and the administration. Finally, an SBA director should be available to address the issues that you, the first year student, want to have heard. This I would do through regular weekly hours of availability to meet and talkwith any first year student. This I would do through a monthly letter detailing SBA events and issues, committee openings and issues and various other issues raised by students. This I would do by responding to any requests, ideas, etc. placed in my mailbox. I do not detail my own ideas on the issues mentioned because I do not view the director as representing her own issues. As SBA director it is only fair to represent the interests of the class and to fairly protect the rights of each individual in our class. First Year Candidates' Statements continued on page 10 �New SBA President Examines A Variety ofIssues JAG Corps The SBA still believes that the on-campus recruiting of JAG Corps violates the Governor's Executive Order and is an insult to all persons who are prevented from interviewing. This issue will not go away, nor will the persons upon whom it impacts. Admittedly, if the Faculty were to change their minds and force the JAG off-campus, those who would want to interview would not have it as easy as they do now. by Kimi Lynn King However, at least these persons can still interview. The argument that "an off-campus recruiting policy discriminates against persons who want to work for the JAG" is nonsense. We are not advocating complete removal from the recruiting process (as indeed some schools have done), we want only to make the JAG use their money for their ridiculous policy. Persons who argue "why would anyone want to work for the JAG if that is their policy" miss the point. Indeed, why would blacks or Hispanics want to live in white neighborhoods, or go to white schools? Why would women want to work for corporations whose management is blatantly sexist? We are not talking about preferences, we're talking about equal opportunity, and access. A career in the military is a lucrative one. The last shortsighted argument is that "well, it's the law." Yeah, and Plessy v. Ferguson was on the books for a long time, and laws were made to be changed. The faculty will be meeting this Friday, Sept. 16 to debate this issue. We encourage those persons who believe the current policy is correct to speak out, but we will continue to support persons who are discriminated against by this policy. It has been two years since this was brought to the attention of the school isn't it time we just said no the JAG and yes to equal rights? — New Business Our first floor lounge will be returned by October Ist. All groups interested in holding meetings there must sign-up in the SBA office and on the firstfloor lounge door. Failure to do both means you may lose the space. By this time, all student organization leaders should have met with Greg Vinal, Treasurer, to discuss funds. If you haven't, you should get on it, so your organization is not adversely affected. This year the SBA is going to stick to deadlines, so please watch your 3rd floor mailboxes DAILY, for important memos. Speaking of deadlines, you may apply to the SBA to receive your mandatory student fee money back. Each semester, you pay $25.00 for the funding of all the student organizations. Fees will be returned according to University Trustee guidelines which specifies that students' money is returned only for economic hardship. We believe that the money is wisely spent given the diverse student body which receive services. Your money goes to fund organizations, theirtelephones, SBA parties, use of Alumni Arena, accounting fees for Sub-Board which administers all of our $42,000 budget, The Opinion, In the Public Interest, and all of the special interest groups around here. If you feel the need for a group, come to an SBA meeting, and we will try to come up with some seed money. Additionally, we try to fund individual students who are attending a conference. You must submit a request and appear at an SBA meeting (plus a few other procedural hoops), in order to get money. The amount varies based on the conference, number of people going, etc. Monies are also available from the individual student organizations, as well as the Dean's office. Given the current SUNY budget freeze-out, SBA will try to fill in the gaps where we can. Student/Faculty Committees In addition to administering the budget to the more than 20 different organizations who operate in conjunction with the SBA, also select student members for the various faculty committees which are designed to provide student input on issues affecting us. One of the criticisms of the studentfaculty committee process is that the administration tends to take our feedback, and do nothing with it. SBA is looking for students who will be advocates, who will work for cooperative solutions, but not at the expense of student needs. For the first time thisyear, we will be introducing an application process. For the most highly competitive committees, applicants will be required to submit a letter of interest. Based on these letters, the SBA Class Directors will select the top 12 candidates, and conduct interviews. Information about all committees will be posted. The committee selection takes place the first two weeks after elections. Watch for notices on the new and improved bulletin board outside Rm. 101, and read the statements about each of the committees in this edition of The Opinion. Student Position Paper For those of you who are not aware of the issues affecting your legal education, we recommend you check out the "Student Position Paper," which was written last year by concerned students (kudos once again to Lisa Sizeland and Co.). This paper was written, not to condemn the Law School, but to draw out issues which if improved, could bring this place the acclaim it de- serves. Six copies of the paper have been placed on reserve at the Law Library reference desk. We would appreciate any of your thoughts about possible improvements in current policy. Don't forget to give what you have to offer. It may be more than you think. Parking There are a number of pressing student issues which need to be emphasized. First (as it always is this time of year) is parking. If there are going to be any effective solutions, we have to stay with this issue all year round. We must work with the other student organizations to be sure that once again, students don't get lost in the process. Public Safety is going to a sticker system, which means basically that now we get to pay $3.00 just to drive around the parking lots to find a space. In years past, faculty members have parked in student-designated lots, taking up precious space, while faculty lots remain unfilled. We encourage you to take down the license plate numbers of faculty/staff cars which are parked in student lots. Turn them in to SBA, and we will send letters of complaintsto the authorities. We recognize that it's not much, but short of lining up 100 cars around 7:00 a.m. to block off the roads (or better yet, staging a studentdemonstration to protest), it's the best that we can do for now. Faculty stickers will be white, and students' will be blue and white. Don't forget to get one, because Public Safety will be writing tickets for unauthorized vehicles starting October 1. You might be interested in knowing that the Administration sent letters "reserving the first 1-100 slotsfor student government leaders." Thanks, but no thanks, I'll wait in line just like everybody else! Meanwhile, the parking problem continues, so we have to speak up, and speak loudly! Financial Aid Second, the financial aid fiasco continues. The new assistant Dean, Marlene Cook informed me that in order to preempt some of the problems that Hayes B experiences every single year, the school has donated two work-study students to help out on the Main St. campus. The problem of "what to do about financial aid" is probably the most ridiculous nonpolicy of the SUNY system. Dean Filvaroff has been consistently trying to come up with working solutions which have a decent price tag, which SUNY Central can stomach. If you have a complaint about the financial aid process, come to SBA and fill out a complaint that we can send in. At a minimum, the law school should have either one (1) fulltime administrative assistant who oversees financial aid, or the school should cough up the $$$ for three (3) graduate assistants (one for each year which would be approximately 1 assistant for every 275 students). To think that SUNY prides itself on its allegedly progressive policies is preposterous when it comes to financial aid! There are only two public law schools in thewhole system (City University in New York is the second). SUNY Central provides UB one (1 count 'em singular), half-time (count that 20 hours/week) graduate assistant (count that a fellow law student who has a life too). With conservative figures, that means that for the 825 students registered, the financial aid graduate assistant working an average week, has exactly 87 seconds for every student. Now I don't know about you, but when my September rent is due, the phone bill is late, Hayes B is charging me $20 a pop in late fines, I want a little bit more than a minute-and-a-half of someone's time to talk about why my check won't be in until November. In all fairness to the administration, I honestly believe Dean Filvaroff and Asst. Dean Cook — care about changing the policy. Providing work-studies is a step in the right direction, but it is only a band-aid cure. For our part, we can help them by 1) being meticulous about deadlines and filling out forms (the alleged complaint from Hayes B is that students screw up the application process); and 2) providing a continual stream of commentary about what is happening, as well as recommendations. Don't let it get you twice by suffering in silence. Speak up, and speakpositively! Library Third, our library is a precious natural resource, and slowly, but surely, we are losing ground. There are all kinds of issues facing the library, not the least of which is the fact that within four years we will not have enough space to accommodate all of the books we will need, and simultaneously maintan seating capacity to fulfill ABA accreditation requirements. Not the most of which is the fact that you can wait for 30 minutes for a xerox machine, during peak times, and if you are lucky, on any given day, all of the three machines may be working. Prof. Gibson (head Law Librarian, and library advocate extraordinaire) has some great ideas about improving the place. We need to throw our support behind her to insure thatwecontinueto increase our ranking. One idea is to provide a copy service like the Health Sciences Library which costs the students NOTHING to copy library materials. Some libraries in the University system generate over $100,000 in revenue from the copiers. We think we can do better and keep the revenues that come in from us, in our library! Three years ago, SUNYAB rated 17th overall according to the Gourman report, last year we fell to 38th. With a Dean who has fantastic long-term ideas, short-term initiative and drive, the SBA is committed to supporting the Faculty and Staff to see to it that the Law School is given priority placement for resource allocation. But they need our feedback, workable solutions and energy. Speak up, and speak constructively! Future We have kept reminding Sample that taking UB to the top ten is a great aspiration. Part of what makes a great top ten school are graduate programs which retain highly qualified students. If the rat race policies and petty administrative implementation forces you to transfer or drop out, orworse yet, coerces you into quelled and angry apathy... something is wrong. And for that we will not remain quiet. SBA Announcements If interested in applying for one of the SBA committees, please sign-up outside the SBA office (Room 101) by Friday, September 23, 5:00 p.m. Interviews will be held Wednesday and Thursday, Sept. 28, 29 from 5 to 10 p.m. Because of the highly competitive nature of the Admissions and Special Program Committees, these two will require a one page, single-spaced TYPED letter of intent stating qualifications for the Committees. These will be due in the SBA office on September 23 at 5:00 p.m. The SBA will announce on Tuesday, September 27 those who havebeen granted interviews for these and all othercommittees. Times will be posted outside the SBA office. � The first SBA meeting will be held Tuesday, September , 20 at 5:30 p.m. in Room 109, O Brian. All newlyelected class directors must attend. SBA meetings are OPEN TO THE PUBLIC. � Persons interested in working on a Law School directory should contact an SBA executive board member. Waiver forms for the 1988-89 mandatory student fee may be obtained outside the SBA office door. Deadline for submission is Tuesday, October 4, 9:00 a.m. at the SBA office. Demonstration of economic hardship is required. ATTENTION Students may be entitled to reimbursement of Mandatory Student Fee. — Reimbursement petitions — — — can be picked up on S.B.A. door. Deadline for the return of application is October sth. Applications must be returned to S.B.A. office. Only cases of financial hardship need apply. ATTENTION All persons interested in getting on S.B.A. agenda must have note outlining discussion in box 526 24 hours prior to S.B.A. meeting. WORD WRIGHT SHOP Processing • Word Typing • Resumes / Cover Letters • Graphics • Free Pick-Up & Delivery • Call: 652-8163 September 14, 1988 The Opinion 9 �Pullout: 1988-1989 SBA Class Director Elections Peggy Pasnik As I sat down to plan my election strategy for Director, I thought it might be helpful to consult with a few professionals to see what insights they might have. I called my friend Mike. I said to Mike, "What advice can you offer on winning my campaign for Director of the Student Bar Association?" Mike replied, "Make sure your platform is solid and slam your competition." I thought about what he said and decided that I had better get a second opinion, so I called another friend George and asked him, "George, what do you think is essential in running a successful campaign?" He replied, "The two key areas are showing the voters that you're qualified and slamming the opponent." Well, if you knew my two * First Year Candidates friends, you would know that I took their advice with a grain of political salt. What I want you to know is that I am willing to take a stand on issues that are important to the first year law students, and I am qualified to do the job. Now that we've gotten our feet wet with classes and studying, it's time to consider what is going on around us. We will be attending UB Law School for the next three years, and I'm sure we're all concerned with making them productive as well as enjoyable. I feel that a big part of our success will depend on utilizing the support groups thatexist on Campus. These groups may serve political, educational, or social functions. What ever the case, they all exist for the wellbeing of the student body. Did you ever wonder who is behind the activities that are scheduled? It's students, with the support of the faculty and the administration, working for other students. The SBA represents the core of activity as the Directors of each class are responsible for not only sponsoring SBA activities, but also for distributing funds and offering support to the otherLaw School organizations. That is my platform. I stand for students helping other students. As we continue to face new experiences here at ÜB, we will inevitably uncover problem areas that we will want to address. I will be here to express your concerns to other groups, faculty and administration I completed my graduate education at Syracuse University, and while I was working on my Masters Degree in Public Administration (MPA), I served as the President of the MPA Executive Council. The Execu- . * (continued) tive Council served as a vehicle to further the goals of the stu- dent body. My experience working with students, faculty, and administration has prepared me for the challenges associated with serving as a Director for our class. The advice I received from my political advisors breaks down after discussing issues and experience. There is nothing I could say against my fellow students. In fact, I wish those who are running the best of luck, and I wish to all thefirst year students a year of triumphs. My goal this year is to serve you by serving as a Director for the Student Bar Association. I want to be a student working for other students. When you cast your vote, remember that I'm on your side and want what's best for us. Valda Ricks Welcome to all fellow first year students. My name is Valda Ricks, a graduate of political science here at U.B. My political background has made me aware that organizations should consist of those who possess, but are not limited to the following qualities: integrity, strong leadership abilities, a sense of fairness and an ability to represent the interests and needs of our class. I intend to do my best in representing each person's interest, to be fair and equitable and address the needs ofall law school organizations. I appreciate the difficulty of the task before me but I strongly believe in the need for efficiency in this organization. With the support of the rest of the staff, we can look forward to an effective government for 88/89. Second Year Candidates Victor Arias My name is Victor M. Arias and I am runningforthe second year director on the Student Bar Association. Last year I was appointed to the Law School AdmissionsCommittee and the Library Committee by the Student Bar Association and it was a very good experience. As a second year student I hope to engage, through motivation, the student body in another productive year. Each year the Student Bar Association holds interviews during the appointments process for the Law School Committees. These committees are vital in regard to student input on certain law school administrative activities. It is important that these and other SBA sponsored activities are publicized so as to reach every student and make them aware of administrative decisions. I look forward to playing a major role in helping in this effort, and I wish everyone all the best, this semester and the next. Martin Coleman I will ... I'm keep this simple running, actually walking, for the position of second year class director. Those of you who know me know that I have a big mouth and that I use it! I also take the idea of Democracy very seriously which means that I won't simply pursue interests that fit my own preferences. I will remain accessible to you and will present your complaints and desires for change at the Student Bar Association meetings. I won't promise that I can accomplish what you want, but I will work continuously for those issues that are matters of simple justice, i.e. handicapped access to the law school, or show themselves to be desired by a large consensus of the law student community, i.e. full time financial aid coordinator. Whether you choose me or not, please communicate your problems and ideas for change to those elected to SBA, they will do a more effective job with your input and your involved oversight. 10 Damon H. Scrota Hello. Today and tomorrow you will have to choose six individuals to represent you as directors for the Student Bar Association. The choice may be difficult as there are many qualified candidates to choose from. All I can say is try and vote for the most qualified (not most popular) individuals running. My qualifications are as follows. I am currently Layout Editor for The Opinion. This position puts me in continuous contact with pressing law school concerns, ranging from minority hiring to day care facilities on campus. I have also served as both a member of the SBA committee on Ranking and the Faculty Committee on Long Range Planning. My involvement in SBA last year instilled a sense of the intricate nature of law school government. I know how the student bar works and how it can be made to work for you. The student position paper that Lisa Sizeland and others helped to create last year must be used as a catalyst for change in the law school. Such pressing considerations as the need for a fulltime professional financial aid advisor, the lack of on campus day care facilities for parents who go to law school, and the allotment of scarce law school resources must be addressed by a faculty/student cooperative body. Student leaders must coordinate their suggestions with faculty and administration so that plans for the improvement can be enacted and implemented after they are formed. I want you to know thatI will continue to try and make the law school a better place to live and learn, regardless of the outcome of this election. I feel that we can help metamorphisize UB Law School into something better. Help me so thatI can be in a position to help you make a difference. The Opinion September 14, 1988 Mary Joyce Hi! My name is Mary Joyce and I'm running forthe position of 2nd year director of the Student Bar Association. One reason I am running is that I believe that the S.B.A. is capable of greatly affecting the general atmosphere of the law school community. Having completed my first year of law school, I have become extremely aware of the pressing need for a student center, specifically for the law school, at which law students and faculty would have the opportunity to meet and communicate for both social and educational purposes. I feel that one of the most important aspects of a law school education is the opportunity to learn from each other and thatoften we learn as much from our discussions outside of class as we do in attending our classes. I have also found law school to be a very isolating experience, socially as well as men- tally. Presently there exists no viable location within the law school which provides law students with a comfortable environment for deliberating and discussing what we are experiencing. I think that the absence of such an area is highly contrary to U.B. Law School's policy of promoting integration and academic freedom, especially freedom of speech. Past efforts to accomplish the construction of a student center have been rejected for obvious financial reasons. However, I believe that the inception of a new administration, under Dean Filvaroff, brings a much greater likelihood that the administration will be open to a plan to remedy this very evident deficiency. The parking problem is another issue of great concern. Last year several law students attempted to put pressure on the University to alleviate the parking problem and I would like to be able to work with them in an effort to extend their original plan. Last of all, I will admit that socializing is still my favorite subject and I strongly express my desire and interest in bringing about some happening S.B.A. events! Christopher Reo A year ago I ran for position as an SBA Director because I wanted to help rectify many of the inadequacies I felt were present within the Law School. A year has passed, and while we have started to roll the ball in the correct direction, I still believe there exists alot for us to accomplish as students and contributing members of society. I am as committed now as I was a year ago, but time has taught me a couple of things. First, ideas without determination go nowhere. Second, apathy is our greatest nemesis. If elected, I promise to use what I've learned to help the SBA improve the soul of UB LAW. The following are some of the ideas I am determined to work towards. First, we still need a student lounge. I, like many of my fellow students, am tired of having to fight for a spot in the 'walkway cafeteria' so that I might meet my classmates. And while many of us use the library as our social center, we should not have to resort to such an extreme. It is the duty of the SBA to push the Administration so that this most important need is fulfilled. Second, the SBA must work towards broadening our knowledge of issues and people that affect us. By hosting lectures, forums or brown bag lunches, we will be able to increase our level of understanding of the community and world that we are all a part of. Third, theSBA must continue to offer a diverse blend of social events. Things must change from last year, when only a few people tried to please the whole student body with limited resources and even less assist- ance. Fourth, SBA monies should go to those groups that are active, not those that profess to be. Last year I was criticized for voting against an increase in the Environmental Law Society budget. I made thatdecision because I felt (and still do) that their inactivity did not warrant a budget increase especially in light of the fact that many other groups had utilized their budgets to the fullest extent possible. The SBA must also continue to support student groups with new ideas, though they may not always succeed. Finally, the SBA must continue to act as the students' advocate when questions arise or when specific needs are not being accommodated. Whether the issues be financial aid, access for those with special needs, or extended library hours, it is we who are elected as your representatives and it is our duty to always act with that in mind. If elected, I promise to listen ideas and to act with your interests in mind. It is my view that ideas and determination are the strongest way to end apathy and it is those ideals that I will strive towards. to your Rohan Marshall My name is Rohan Marshall and I am a candidate for second year director on the Student Bar Association. I sincerely hope that everyone is enjoying this semester so far. The Student Bar Association is preparing for a good year and I am certain that a good time can be had by all. My experience with the Student Bar Association includes working on the Mitchell Lecture Committee as well as participating in other social functions. As a second year director, I will consider myself as a voice for my class, and I will make myself as available as possible. Best wishes to everyone. Second Year Candidates' Statements continued on page 11 �Pullout: 1988-1989 SBA Class Director Elections Bill Bee Welcome back and all that stuff. Well here we are second year law students. It has a rather nice ring to it. We can almost say without stretching it too much that we are almost out of here. After all, after this semester we only have three more left. Hey, I bet all of you are like me and are ready to set up shop and start billing!!!!!! Well maybe not quite yet. Before I get into the meat of this statement of purpose, I must take this opportunity to send a hearty congratulations to my fellow section three (or should I say ex-section three) types. We survived Contorts! Isn't just our luck that we just happened to be the last group to take it! It's September and we are in Buffalo. This means there are several things we can expect; We can expect to get used to getting to school three hours before class to find parking; we can expect to start wearing our heavy winter coats any day now; we can expect to (although those of us from NYC will deny it) get caught up in Billsmania and; we can expect another SBA election. I'll be perfectly honest with you. After last semester I said that's that, no more SBA. But when I got back into the swing of things and I noticed the great job Kimi King is doing I got so excited that I grabbed some petitions and just knew I had to be a part of what I believe will be the best year this place has seen in a long time. So the question remains what do I want to do for you? There are a few things I'd like to see implemented this year. First and foremost, we need to get a lobbying group together to go to Albany so we may enlighten the legislature of the needs of the school and the importance of this law school to the state. We are the only public law school in the state. Because of this a lot of people are able to attend law school that might not have been able to. Secondly, I strongly believe SBA needs to allow clubs to spend their money as they see fit, without SBA interference. To this end, we should adopt the SUNY guidelines on spending as our own and realize they sort of * Second Year Candidates are intentionally vague. Third, I seem to recall Dean Filvaroff mentioning several plans on improving the facilities and building a new student lounge. I think we as a body need to see how SBA can assist to turn his promises into reality. Fourth, I want to work to make sure our law school continues to beaccessible to all students, and that it maintains a diverse student body. Finally, now that we are second years and have struggled through the drudgery of first year and the pain of spending a summer working for free or close to it, I think we need to let down our hair and PARTY. Remember, I'm Bill Bee please vote for me. Robert Brucato My name is Robert Brucato and I am running for second year director. As a candidate I don't represent a particular group or interest, rather I will try to represent the entire student body. I have had experience in dealing with the administration at ÜB, having gone here as an undergraduate and being active in the undergraduate student association here, for four years. I was also responsible for a budget of over 1 million dollars. Having a keen interest in representing and serving the needs of the class of 1990,1 feel SBA's major responsibility is to attempt to satisfy the needs of the students. SBA must consistently lobby the administration of the Law School, and of the University, for such things as a Student Cafeteria, parking, a full time financial aid advisor, and many other needs that go unfilled. One major need that I would strive to fill, are more sections opened for courses that are in high demand. Second year students especially are often shut out of classes that they need as prerequisites for other classes. If elected, I will put pressure on the administration to open more selections to high demand classes or expand their size to accommodate more students. I also feel that one of the major needs of'every student is the need for social activity. Be- sides for the usual bar parties, which SBA provides, I would also work for non-alcoholic events too. We all need an outlet, and part of our fees should support our social life. If I am elected Second Year Director, I will be an advocate of the needs of all students and sensitive to thedemands of different interests. I will make sure that all students' demands and desires are addressed, and will work as hard as I can to satisfy those needs. I urge everyone to vote in the coming SBA elections. Robert Davis I wouldI ike to make SBA even more responsive and receptive to students' ideas through expanded interaction among student groups. I feel that I am uniquely qualified for a representative capacity due to my own experience as an undergraduate student senator. Also, due to my external involvement with SBA as President of GLSO. I had an instrumental role in the formation of the law school's Committee on Law Students with Special Needs (handicapped) which deals with institutional provisions to accommodate the needs of handicapped students. I am an active committee member and am familiar with the various administrators, secretaries and faculty. Furthermore, I am unafraid of being myself and standing up for those who, like me, most critically need and are entitled to a voice in the studentgovernment policymaking arena. Stacy Glover What's up? My name is Stacy Glover and lam running forsecond year director. During the past year I have had the opportunity to observe the SUNY at Buffalo administrative structure and I feel that there is a growing need for student involvement. My precious political experience has been President of the Student African American University 100 Chancellor's Roundtable at Syracuse University, and the Buffalo Law School Admissions Committee. As a second year director I will put into the SBA what I have put into other organizations. Giving my * James Kennedy us a chance to make SBA work foryou. We don'tknow howour names will appear on the ballot, but be sure to look for Wendy and Jim! Wendy Urtel Betsy Bannigan Hello, we are Wendy Urtel and Jim Kennedy, and we would like your vote for second year SBA class directors. We are running as a team because we share the same concerns for SBA and the student body, and would appreciate you voting for both of us. As you, our fellow second years are discovering, the Career Development Office is one of the law school's most valuable services, and as you can see, now that Fall Recruitment has begun, the CDO needs more room, more resources, and more staff. We plan to use the SBA to work with the Administration to help bring about these muchneeded improvements, for without adequate access to CDO's resources, you may not find a job. What good will your law degree be then?! We are also very much concerned that our school is not living up to its commitment to eradicate all forms of discrimination and barriers to the physically challenged and visually impaired students. The problems we are talking about include forcing students in wheelchairs to sit in the back row of huge lecture halls on the first floor; lack of desk facilities in the second floor classrooms; inaccessible bathrooms; the complete lack of electricallyopened doors; and many visually impaired students to whom xeroxed class materials are virtually unreadable. We plan to work through SBA to force progress towards solutions to these obstacles. We see a lot of room for more involvement in SBA, but we also know it will not happen until SBA improves its communication to you, the student. This does not have to be complicated: Why not just post the minutes from SBA meetings in the mail room, or have a monthly SBA newsletter distributed to all students? The SBA should be a channel of communication for all law students. We hope you will give My name is Betsy Bannigan and I am running for 2nd year director of the Student Bar Association. Last year, as a Ist year director, I witnessed first hand some problemswithinthe SBA and the law school itself. We have a terrific law school made up of many great people. Unfortunately, the law school is too often plagued with student apathy. I am running for SBA because I care about this school. I want to continue my involvement in the policy decisions and social functions of UB law, and hope I can find a way to get the student body involved as well. In addition to my SBA experience, I am currently a member of the Faculty/Student Committee on Students with Special Needs. The committee has prepared a report with recommendations to be presented to Dean Filvaroff and the faculty. This proposal addresses the numerous concerns of persons with physical and learning disabilities at UB Law School. Such concerns include: building, accessibility, housing and transportation needs, financial resources and individual program prescriptions. I became in volved with this committee because it is a cause I feel very strongly about. There are over twenty clubs and organizations within the law school. One can only imagine the effects each of us could have if we pursued a cause we truly believed in. The personal satisfaction derived from such involvement, as well as the benefit to this law school and the surrounding community, would be tremendous. I enjoyed working on SBA functions last year and hope that you will provide me with the same opportunity this year. I need your support, and in turn, will do my best to voice your individual concerns to the SBA and the faculty. Remember though, it is only through your input and continued involvement that UB Law School can become a better place. all is what I intend to do, and with this I hope to win the confidence of my constituents. History from page 6 such insinuations, at least we knew that such hysterical comments were evidence that we had done an effective job in bringing our causes to the attention of the university community. Briefly, some of the activities we initiated last year were: A letter writing campaign to keep former Federal circuit court Judge Robert Bork from ascending to the Supreme court. Nearly 500 letters were collected from the UB community along with over 300 petition signatures, which were forwarded to Senate members. Bork, as you may know, lost in his bid for a seat on the Supreme court. —Spearheaded campus debate on the Israeli occupation of the West Bank and Gaza strip, and the increasingly brutal repression of the Palestinian people by the Israeli occupation forces. — — — — Over 300 leters were collected protesting the recent rash of repression and calling for a negotiated settlement that will give the Palestinians the human rights they deserve. Kept pressure on our Congressional representatives to vote against military aid forthe U.S. backedforces fighting against Nicaragua, by mailing out over 100 letters to them. Pushed along a proposal to extend the Law School's antidiscrimination clause to include equal access for people that are gay or lesbian. This would includepreventing the administration from actively recruiting employees who discriminate on the basis of sexual orientation. Expanded our already existing prisoners legal training program to include prison for women in Albion, New York. This program teaches prisoners how to make use of the legal texts they have at their disposal in the prison, and to represent themselves in court. Beyond the progressive activities the Guild has been involved in over the last 50 years, the most important role the Guild has played is as a challenge to their peers in the ABA, and in the legal profession in general, to re-evaluate the function of the legal profession in providing Justice for America's people. The ABA is basically a status quo organization. While they state that they are concerned that millions of Americans DO NOT receive the legal help that the Bar itself admits they need, they are not willing to spend more than patchwork resources to meet these needs. More importantly though, they are not willing to admit that this maldistribution of legal services in endemic to the liberal-capitalist governing system we have in our country. Here is the scenario: The vast majority of members of the legal profession practice in civil law in the areas of contracts, corporate law, tax law, and property law because they can charge, at a minimum, upward of $75.00 an hour, averaging $100.00-S2OC 1 an hour. They can do this because in our country lawyering is not regulated by the government, which meansthattheeconomic principles of supply and demand in the "Market" for legal services control thedistribution of those services. These lawyers act as commodities, selling themselves to the highest bidder. This can be called the "Market system of Justice". Now if you haven't pcked up on it, this is my dry attempt at humor, there is no "Justice" in a market. The Constitution, Christian Morality, or Humanist they all expound principles on the sanctity of individual and even guarantee rights them in the case of our Constitution, but unless you can float enough greenbacks up to those upper level laywers offices downtown then your "Rights" will, by and large, remain theoretical. Because the Guild operates on the principle that "HUMAN RIGHTS ARE MORE SACRED THAN PROPERTY RIGHTS" it acts as the proverbial thorn in thefoot of the legal profession. It is in this role that the Guild may show greatest fruit in its goal to see that Justice for all is the cornerstone of our democracy, and not merely a false idol paid lip service by greedy — — professionals. Martin Coleman is a member of the National Lawyers Guild, September 14, 1988 The Opinion 11 �Pullout: 1988-1989 SB A Class Director Elections Third Year Candidates Derek Akiwumi Welcome back everyone. I hope everyone had a wonderful summer. Thisyear I am running for third year director on the Student Bar Association. I am looking forward to another good year. Last year I served as your Vice-President, and the year before, I served as a first year director. I have enjoyed serving the student body during the past years and I am looking forward to having the opportunity to serve you all again. I would like to remind all third years that this is our last time around, so let's enjoy it to the fullest. Thomas Laurino The underlying function of the S.B.A. should be to let U B U. I hope to achieve that goal as best as I can. That's all, and thanks for your support. Lisa Sizeland Lisa Sizeland for third year class director! I am seeking this position in orderto continue my efforts to improve communications between the student body the administration, maximizing student influence in decisions affecting thefuture of our school. I would provide evenhanded responsible representation of all my classmates. As a candidate for second year director, I promised to develop a student position paper for the new dean. And as chairperson of this SBA subcommittee, I insured that IT WAS ACCOMPLISHED. The advanced spring registration and advisement table were programs recommended by this report which were acted upon. Student concerns must not be forgotten. An experienced and dedicated student delegation must join with our faculty and administration in meeting the needs of our school. If elected, I will listen to your concerns and represent the third class to thebest of myabil- and ity. James G. Snashall I have decided to submit my name as a candidate for a class director, and now must "present" myself to you folks. I would like to serve on the SBA for a variety of reasons, and I hope that my imput will be of value to this school and its students. The SBA has the opportunity to make some major gains for the students, if we take the initiative. We can take the initiative and try to get some adequate, accessible, and inexpensive day care facilities for students on thiscampus. The present forms of day care are unacceptable, because they are too expensive. If the SBA can support drinking at Molly's Pub then they should help provide forthe student/parent who needs day care facilities. We can also take the initiative and make our school more accessible to handicapped folks. How can the SBA have school parties at a bar that is not handicap accessible? The doors and the elevators in O'Brian are not handicap accessible and they should be. It is the SBA's duty to try and correct this wrong. I would also like to see our SBA initiate programs that could benefit all of the SUNY system. Some schools have student credit unions, why not us? What student wouldn't want a free checking account, a bank office on every campus, check cashing facilities, and credit cards that pay a percentage of their revenue into a student scholarship fund. If we sit back in our lazy-boy recliners with Tax I, then no changes will occur. If we ask for change we will get it. Awilda Matias Once again it is that time of year for the SBA to get underway with elections. At this moment I would like to remind all third years, as busy as you are, that we must get into the swing of things and get out the vote. I am running again for third year director and I intend to work as hard for my classmates as I did last year. This year I hope to spark more enthusiasm in student participation in law school extra-curricular activities. I encourage all those who are in- terested in becoming more involved in various organizations to attend the SBA Club Nite and other activities that will soon be held toward the end of September. Again, I encourage all to get involved and I look forward to a great year for everyone. Shelley Forde I am a candidate for third year director on the Student Bar Association, and it is my intention to represent each student in all law school administrative activities in which theStudent Bar Association is involved in regard to student matters. As a third year law student I alsofeel dedicated to supporting student involvement in the legal community. In the near future, I plan to work to bring the Student Bar Association to the law student as opposed to the unrealistic objective of waiting for students to approach the board. These and other ideas may soon be turned into reality. So please, make sure to get the vote out, and don't forget to vote for Shelley Forde. BAR/BRI M wCf STUDENTS pass RJapr THE BAR 12 The Opinion September 14, 1988 �Debate on "The Last Temptation" Comes To Amherst The sidewalk in front of the new AMC theatres in the Maple Ridge Plaza bustled with more activity than I had ever seen there before. Off-duty Erie County Sheriffs, hired by AMC theatres as a precaution, circled the parking lot like impatient buzzards waiting for violence to erupt. Protesters, ranging from Jews for Jesus to the Righteous Riders (aka Bikers for Christ), confronted moviegoers in an attempt to dissuade them from seeing Martin Scorcese's new movie, The Last Temptation of Christ. The anticipated violence never occurred. Moviegoers and protesters alike engaged in that intelligently dialogue examined the benefits of dichotomous freewill and by Damon H. Scrota Layout Editor thought. But the protesters' views have been distorted through the institutional filters of television media. Interviews with some of the more vocal protesters in Buffalo portray a clearer, more thought out analysis of the parts of the film that offend them the most. One group. Campus Crusade for Christ, offered Universal Studios (the distributor of the picture) several million dollars for the rights to the film. John Mansfield, of Campus Crusade said that he was protesting in an attempt to dissuade people from seeing a movie that offends the sensibilities of many Christians. sj^r^iSjSßK^^i^"" _• Diane Galuski of Morality in Media had this to say about the movie: "God gave us all the free will to choose but he also gave some of us an ability to persuade people to believe in Jesus as the Savior." She read a copy of the script (which Paul Schrader adapted from the novel by Nikos Kazantzakis) and found it to be highly blasphem- ous. One bystander said that he read the script and thought that it portrayed Jesus as a modern day neurotic. This person saw nothing in the script that would encourage people to believe in Jesus as God. Ed Johnson, a local member of the Rigtheous Riders, saw the portrayal of Jesus as one who was tempted by sin until his death as blasphemy. I asked a person standing next to Ed if I would burn in eternal damnation if I saw the movie. He said that there was still time for me to be saved if I wanted to. I entered the theatre confident that I would survive the showing of the film. My confidence did not diminish when I found out that the cost of my soda and popcorn was three dollars and thirty three cents. If I multiply that by two I get gasp 666! As a Jew, I can't say that this really intimidated me. But I became very curious about the anger I had seen expressed outside the theatre. The movie begins with a portrayal of Jesus of Nazareth as an indecisive neurotic who doubts his own sanity. He can- /'.■■^iit'riii•' — — not tell if the voices in his head are God or Satan. It essentially depicts Jesus as a human who reluctantly accepts the divinity that God thrusts upon him. This definitely differs from the Catholic version of the New Testament which views Jesus as being divine from the moment of his immaculate conception. The movie strays many times from established Christian dogma. In the movie Jesus begs Judas Iscariot to betray him to the Romans. The Catholic version shows Judas and Jewish leaders selling off one of their own people for a price. Jeff Simon, in his August 26th review of the movie in theBuffalo you can News, stated that ". certainly understand here why the religious might take offense. It isn't so much Christ's final fantasy of a 'normal' life including conjugal sex on the cross. It's the meekness, the confusion and the ineffectually of Christ before thefire of divinity inflamed him." . . — — performances on the one hand while ignoring the masterful technical work that Scorcese and film editor Thelma Schoonmaker did on the film. thing about state intervention is mentioned. This is the purest 'marketplace of ideas' at work." Question: What did you find most objectionable about the The movie began with a curious mix of subjective and objective camera angles. The subjective shots at the beginning are choppily edited to reflect the confusion that Jesus experiences at the beginning of the film. The indecisiveness of the subjective viewpoints reflect the indecisiveness of Jesus at the outset. The movie then progresses to a point where Jesus proclaims that he is God; the editing at this stage becomes more precise and confident. protest? A movie can be interpreted as an attempt at showing all perspectives so that viewers are given a god like point of view. Scorcese does this with a deft manipulation that resonates like discordant notes throughout the movie. Simon felt that Scorcese's film ultimately failed. Simon stated in his review that "what is at fault here is the movie's essence. Embellishments on the Christian story should have a believability of their own. You simply cannot believe the leonine temper of a fearful cowardly Christ who only says great things because he's God's ventriloquist dummy." "A movie can be interpreted as an attempt at showing all perspectives so viewers are given a God-like point of view. Scorcese does this with a deft manipulation that resonates like discordant notes throughout the movie." I essentially disagree with Mr. Simon's review. Simon acknowledges the quality of photography and some of the I will leave the hallucination scene to those who want to see the movie. The scene provides a creative interpretation that deeply moved me. I found it to be a more believable story than that dictated by official Christian dogma. Some Christians in Buffalo did not find the movie morally offensive. Two Presbyterian ministers did not find the film to be blasphemous. Michael D. Schaffer, a reporter for Knight Bidder, stated in a September 3rd article that "mainstream Scripture scholars also believed that Jesus never claimed to be God. Ironically, Scorcese portrays Jesus reverentially, having him claim at least twice to be God in 'The Last Temptation." But the showing of the movie also involves some pressing legal issues as well. j»w^s^AvSt The legal implications of the movie and the protest are numerous. Suffice it to say that all forms of picketing are not protected; violent picketing and some labor pickets are two good examples. Yet almost everyone I talked to agrees that people have a right to see the movie as well as a right to protest it. I interviewed two individuals at the law school to get a better legal perspective on this matter. George Kannar, a professor of Constitutional Law who saw the movie, agreed to be interviewed about the legal implications of picketing. Question: If a picket is totally successful and nobody goes to see the movie, is that a form of Kannar: "The antisemitism among some of the protesters, although even that is still within the 'marketplace of ideas'. To persuade people in non-violent ways to stop other people from doing something is perfectly fine." Dean David Filvaroff also consented to an interview on this matter. The dean did not see the movie but did have some interesting things to say on this matter. Dean: "I would like to preface this by saying that my comments go to more general issues and have nothing in particular to do with this movie except that it gives rise to events raised in a much broader sense. I haven't seen the movie and have no idea whether it is gTeat or junk." Question: If this picket was totally effective and nobody came to see the movie, would that be a form of censorship? Dean: "Yes. In a strong social sense to preclude an opportunity to see an artistic expression or experience it is a censorship; to say this is epithetical but descriptively right. A great many ideas get censored by explicit/ implicit social, non-governmental sanctions. I'm not certain thatresult is a good idea for society. It is unfortunatethat widespread expression of ideas is so dependent on possession of very large amounts of economic resources. As a result, it is vulnerable to economic pressure." "In a sense, we lose both ways in that ideas don't get a hearing because their proponents don't have access to funds to allow them to achieve effective expression. And even if that is not the case, the exposure of ideas is vulnerable to economic retaliation." "Note that the free flow of ideas and freedom of expression includes a right to engage in responsive speech. Both the original proponents and the protesters, quite understandably, want their speech to be effective. If it is effective, in the sense of being persuasive in whatever direction, the other idea loses. We don't call that censorship, but the process often weeds out bad ideas and favors good ones." "In a perfect world, ideas would succeed or lose based on their merit. That is, their own intrinsic strength and their persuasiveness, not economic or other pressures." The legal matters are not, of course, a good reason to like or dislike the movie. When I stripped all of that aside I felt that it was an interesting movie that I would recommend to anyone who was over eighteen and had two and three quarter hours to spare. The number of protesters has dwindled, but the debate continues. THE PASSWORD: censorship? TICKETS: General Admission$10; UB Faculty, Staff, Alumni Assoc. Member, Senior Citizens $8; Tickets are available at the Capen Hall ticket counter, Buffalo State College Union ticket office and all Ticketron locations. For further information call 636-3414 26 1988 I SfiDt .7 " . ' AIUITini Ar6D3 Kannar: "No. The problem with the protesters is not that they have evidenced intent to abridge constitutional rights. All I have seen is private parties pressuring other private parties not to distribute or boycott. No- 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)994-3696 (201)623-3363 September 14, 1988 The Opinion 13 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. Q NARRATIVE TEXTS: The law you need to know for your bar exam is explained for you—not outlined —in our comprehensive texts. 3 UNPARALLELED CONVENIENCE: Preparation for the bar exams of nineteen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. I nKAPLAN-SMH mmi «-<*«.. IBAR REVIEW SERVICES (800)2231782 (800)343-9188 I See your Campus Rep, orcatt J^*™ acTud. *""ffS» w-eae* " BUFFALO AREA 1330 Niagara Falls Blvd. 1 €>1987 Kaplan-SMH 14 The Opinion September 14, 1988 �Strong Dispels Myths About Desmond Moot Court The following is an excerpt of a conversation overheard somewhere in the halls of this law school: Ist Student: Wait a minute, you mean I don't get credit for it, I don't get graded on it, it's going to take up a lot of time I don't have, and it's not even required? 2nd Student: Well, yeah... And you have to get all dressed up for it, too. Ist Student: Well, why on Earth would I want to subject myself to this? 2nd Student: We11... because it's Moot Court, you know? by Peter Strong Thoughts like these ran through my head as a second year student, and I was just as likely to be the first speaker, above, as for the second it depended upon how my day was going. Why my partner Joe Rizzo and I decided to compete, neither of us really knew what was involved, or even whether it would be worth our time. All we knew was there were a lot of people talking about it in our first year, so we thought it must be pretty important. The current members of the Moot Court Board would like to address this lack of information and make the student body in general, and prospective competitors in particular, aware of our School's Second Annual Charles S. Desmond Memorial Moot Court Competition. Information about something as important as Moot Court should be available to students early in their law school careers, to make it easier to decide whether or not to compete, and if so, to plan ahead for it. With participation in Moot Court becoming more popular in recent years, the Moot Court Board is confident that this year's competition will be bigger and better than ever. What is "Moot Court?" Moot Court is a program designed to give students the — opportunity to enhance their brief writing and oral advocacy skills through competition in a courtroom setting. It is also an excellent way to meet area practitioners, as distinguished members of the local Bar and Bench, faculty and Buffalo Law School Alumni sit as judges on the competition. Participation begins with our intraschool Desmond Moot Court Competition. The Competition was named in honor of the late Charles S. Desmond, probably our school's most renowned alumni, who served for 26 years as Chief Justice of the New York State Court of Appeals. To compete, teams of two students each must research and prepare written and oral arguments for mock cases involving appeals on current issues of law. Teams then compete in oral argument through three preliminary rounds, and may advance to three final rounds, depending upon their performance. Based upon the quality of the brief, and individual performance in the preliminary rounds, competitors may be selected to receive various awards, and for associate membership to the Moot Court Board. In the spring, the Moot Court Board holds the Mugel Tax Competition, which is open to students from law schools across the country. Teams of Board members may also compete in various national and international competitions as well. In addition, last year the Board hosted the American Bar Association's National Appellate Advocacy Competition, and maydosoagainthisyear. What Can I Expect To Get Out Of It? Moot Court is a great source of practical experience. Many previous participants have said it was the single most worthwhile thing they did in law school. And as you may have noticed, a significant number of prospective employers are looking for applicants with Moot Court experience. While there are other sources of experience in oral advocacy in this school, Moot Court is arguably the most comprehensive. It gives you the opportunity to research, write and argue for your client's position to thebest of your abilities. This can, for brief moments, actually make you feel like you might be a lawyer someday. Such moments are necessarily shortlived, however, because the judges do their best to challenge your abilities and poke holes in your argument. They are exceedingly good at this. The judges also critique your argument and presentation after each round. This criticism is of a caliber which your professors could almost never hope to equal, simply because you will never try so hard to be prepared for any class in your life as you will for the Competition.And in critiquing your oral argument, these judges will be indirectly analyzing your entire work product. Particularly for future litigators. Moot Court is a great way to get your feet wet. How Will I Know WhatTo Do? Coaching. "Crack" teams of seasoned Moot Court Board members will meet you several times to keep you headed in the right direction. There will also be an organizational meeting to discuss the criteria to be met regarding the format of the brief and other technical matters, in addition to a list of Competition Rules. Scoring Briefs are scored as a team effort, by members of the Moot Court Board, although each partner writes on only one of two issues. The judges do not see your particular brief as they are given a "Bench Memo," which gives them more than enough information to give you a hard time. Each judge will grade your oral arguments, however, and these individual scores will be added to your joint brief score. The combined total of these scores determines whether you will be invited to join the Board. Parties and Meetings Competitors are required to attend theOrganizational Meeting on Thursday, September 15. There will be several parties for competitors, the first of which is also on September 15 (see schedule). As you will find out, Moot Court is a very social activity. The banquets and happy hours provide opportunities to get to know other competitors, and to socialize with local practitioners as well. While inciting local bartenders to throw you out of these parties always adds interest, no additional points will be added to your individual or team scores. But all of these gatherings are good times. Feedback The members of the Moot Court Board are open to suggestions regarding information that would be helpful to students interested in competing. So please feel free to drop a note in my box (#535) if you have any questions or suggestions for articles, and I will get back to you. Thanks. SCHEDULE for the Moot Desmond Court Competition September 15 Mandatory Organizational Meeting with Prospective Competitors (Room 108, at 4:00 p.m.) September 15 Party for Board and Prospective Competitors (Evening) September 22-23 Problem Made Available October 21 Briefs Due October 22-30 Practice Oral Rounds October 31-November 2 Preliminary Oral Rounds November 3 Quarterfinal Oral Rounds November 4 Semifinal Oral Rounds November 5 Finals and Banquet For future reference, the Executive Members of the Moot Court Board are listed below. Again, the entire Moot Court Board looks forward to meeting the participants, and to an exciting Competition. Timothy Greenan MaryJoßaczka SueGarvey Joe Rizzo Robßoreanaz Executive Director Assistant Director Secretary Treasurer National Competitions Director Student Accuses School of Complicity in Discrimination SUNY Buffalo Law School is promoting employment dis- crimination. The Judge Advocate General Corps of the U.S. Armed Forces has a public policy of employment discrimination against lawyers based on sexual orientation, physical disability, and age. Specifically, the JAG Corps refuses to hire gay men, lesbians, the handicapped and persons over age 35. SUNY Buffalo Law School's Career Development Office permits and promotes the JAG Corps' discriminatory employment policies by arranging campus interviews which require the use of CDO staff time, publications, school space, etc. This school should adopt a policy which will end our participation in employment discrimination. by Troy Oechsner Employment policies which discriminate on the basis of sexual orientation, physical disability, and age are morally wrong. In the United States we now recognize that a person's race, sex, national origin, or religion is an immutable characteristic which has no re- lation to that individual's ability to be an effective attorney. Employment discrimination based on these characteristics, therefore, is not permitted within our law. Similarly, a person's sexual orientation, handicap, or age is an immutable characteristic which has no relation to an individual's ability to act as an effective attorney. If a gay man, lesbian, handicapped, or 36 year old person is capable of acting as qualified counsel, should she be denied the opportunity to serve her country simply because she possesses certain characteristics which have nothing to dowith jobperformance? There is no good reason to support the JAG Corps policy, or policies like it. There is every reason to end ÜB's complicity in these discriminatory employment policies and practices. Besides being morally correct, ending employment discrimination is entirely consistent with established policies. First, our own "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohi- bited Harrassment" condemns "remarks directed at another's race, sex, religion, national origin, age, or sexual preference ..." as well as "other remarks based on prejudice and group stereotype ..." The UB faculty has taken a strong position against discriminatory speech. In the present case we are concerned with discriminatory employment policies. While the right to discriminatory speech is questionable, the right to discriminatory employment practices is without merit. A faculty policy ending ÜB's support of employment discrimination is likewise consistent with the SUNY Board of Trustees' resolution 83-216. The resolution forbids discrimination based on "attitudes, practices, and preferences of individuals that are essentially personal in nature, such as private expression ..." UB CDO's support of JAG Corps' prejudice against gays and lesbians violates the letter and intent of this resolution. The Governor of the State of New York's Executive Order 28 lends further support for the adoption of a policy of nonsupport for employers who discriminate. Executive Order 28 prohibits all State agencies from discriminating on the basis of sexual orientation in the provision of any service or benefits by a State agency. In recognition of the Law School Faculty's commitment to non-discrimination, we (the Nationals Lawyers Guild, Gay Law Student Association, and the SBA) respectfully submit the following proposals: 1. That UB Law School adopt a comprehensive policy of nondiscrimination, including employer recruitment practices in any way connected with this institution. This policy should expressly prohibit discrimination on the basis of race, sex, national origin, religion, ethnicity, disability, sexual orientation, age, or marital or parental status; 2. That all employers seeking to recruit at UB Law School, or in any way utilizeLaw School facilities or resources to effect such recruitment, be required first to sign a statement pledg- ing compliance with the above policy; 3. That theLaw School vigorously and conscientiously enforce this policy with respect to all employers, both public and private; and that the above be enforced to known violators (i.e. JAG Corps); 4. That there be a standing committee to review UB Law School's compliance with the above policy and that this committee be comprised of at least 50 percent students appointed by the SBA. The faculty will vote on this issue on Friday, September 16. It is time to end discrimination at ÜB. Troy Oechsner is a member of the National Lawyers Guild Steering Committee. This article does not represent the view of the editorial staff ofThe Opinion. September 14, 1988 The Opinion 15 " �yourL-2-J T^TATLAHTIC BAR ± BRI I^LJU v BAR BRI Leaves Nothing To Chance. j I The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 16 The Opinion September 14, 1988 i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/57cc923c7bf0065f3bfde637eb62cd20.pdf 9aca204d125a9e86bea28afcc5f213a8 PDF Text Text THE OPINION Volume 29, No. 4 September 28, 1988 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW SUNY Non-Discrimination Policy Finally Endorsed Amidst a rare air of political excitement on the U.B. Campus, the Law School faculty voted to, in effect, prohibit the Judge Advocate General Corps of the United States Armed Forces from being able to recruit on campus. The faculty's decision, however, voted for at the September sixteenth faculty meeting, came down amid not inconsiderable confusion amongst the meeting's participartts. by Alexei Schacht News Editor The debate at issue centers around whether JAG Corps, which has a public policy of not hiring homosexuals, the handicapped, and people over the age of 35, should be allowed to recruit on campus and through the Career Development Office. Students have, for the past two years, been protesting the fact that the school has allowed an organization that openly discriminates to use its facilities for recruitment. The studentswho objected to JAG Corps recruitment on campus based their stand on several moral and legal bases. Among the latter was an Executive Order of the Governor of the State of New York which prohibits any state agencyfrom providing any service that discriminates on the basis of "sexual orientation." Professor Charles Ewing, Chair of the Faculty Committee on Military Recruitment, began the JAG Corps discussion, in Room 210, in front of a large gathering of both teachers and students. The first conclusion of the committee's report, which Ewing read, was that "most" faculty members wanted the term "sexual orientation" added to the faculty statement against discrimination. Most of the students present seemed to be there to voice their support for any policy that would lead to the JAG Corps being banned from campus. Accordingly, a prearranged parade of students, many representing organizations within the Law School community, spoke out for such a ban. The students' showing was impressive enough that one person was overheard to mutter that "people power" had arrived at U.B. Dean David Filvaroff, who was clearly sympathetic to the students' concerns, chaired the meeting and opened the floor up to discussion after Mr. Ewing and Professor Louis DelCotto, two committee members, and the aformentioned students spoke. Two students did speak in favor of allowing JAG Corps to interview on campus. One of them, Jim Kennedy, said that for him the issue was the interviewing students' "freedom" to seek a job. He noted that it would be easy for the faculty to kick JAG Corps off campus as the teachers "already have jobs." Aside from this fundamental disagreement over policy, there was also great confusion, even during the voting, over which of the many "statements" that were mentioned were an issue and which, if any, should apply to the JAG Corps situation. In this vein, Professor John Schlegel asked why the JAG Corps issue even arose since it was his impression that JAG Corps could already be removed from campus as they presently violate the school's non-discrimination policy. This policy is stated on the 1988-1989 On-Campus Interview Request Form which prohibits, among other things, discrimination based upon "age" or "handicap." Ms. Audrey Koscelniak, who heads the CDO, stated, in some way that was not clear to at least this reporter, that JAG Corps was not made to abide by the School's Non-Discrimination Policy. With a friendly amendment from Professor Muhammad Kenyatta, adding three paragraphs from another anti-discrimination statement, the faculty passed the Marcus resolution by a voice vote. All faculty save one, Professor Robert Reis who voted nay, voted yea. Professor Alan Freeman, saying that state law clearly de- Pitegoff Joins Faculty of UB Law One of the latest additions to the UB Law School faculty is Peter Pitegoff. With the hiring of Mr. Pitegoff, the school has gained the services of an experienced practicing attorney and the creator of a new clinical program to be developed here. Mr. Pitegoff comes to Buffalo from the law firm of Arrington and Pitegoff P.C. in Boston, Massachusetts. He was general counsel to the Industrial Cooperative Association and as such spent a great deal of time providing legal and counseling services to worker owned businesses throughout the nation. by Donna Crumlish Managing Editor Moving fromfull timepractic- MaJefrkelo f Editor: Photgraphy the adjunct faculty at the New York University School of Law and spent a semester as a Guest Instructor at Harvard Law School. UB Law School held an attraction for Mr. Pitegoff because of its reputation for receptiveness to new ideas. ing attorney to full time faculty member seemed a natural way for Mr. Pitegoff to expand personally and academically. "Practice didn't give me the opportunity to reflect on what I was doing and to write on what I was doing as much as I'd like to I had no time to explore some of the more subtle questions in context of what I was doing." The teaching game is not totally new to Mr. Pitegoff however, as he served two .years on ... "The Law School at UB is quite unique in its diversity, in its progressive orientation, in its receptivity to the things I wanted to do I considered CUNY Law School at Queens College and ÜB, and those were the only two that I affirmatively was excited about, the others would have involved too much compromise for what I want to do and there wasn't the interest in combining clinical and classroom work." ... Mr. Pitegoff is also impressed with the high level of tolerance for different views among the faculty at ÜB. "There are all different views and there is a tradition of tolerance for all different views. There are other law schools where there is a diversity of opinion but there is also internal warfare and I don't feel that here. People disagree in substantive issues and then manage to continue working together collegially." Although Mr. Pitegoff has had only limited experience working with UB students (he is currently teaching a seminar on Worker/Ownership Transactions) he is pleased with the diverse backgrounds of his students and the practical-perspectives they bring to his class. Community-Economic Development Clinic One of the things that Mr. Pitegoff will be devoting a lot of time to is the structuring of a new clinical program which will begin in the fall of 1989. The Community Economic Development Clinic will be a non-litigation clinic along the lines of the Low Income Housing Clinic which presently exists at the school. continued on page 7 cided the issue against JAG Corps, anticipates a court battle between the state and the federal forces that would allow JAG Corps' discrimination policy. Two major issues, which were barely discussed at the meeting, loom on the horizon. First, what will the University Administration and President Steven Sample say, if anything, about this resolution. Second, since JAG Corps has interviewed on campus in the past, despite already being in violation of the school's anti-discrimination policy, what are the chances that the faculty's most recent action will be enforced. Tragedy Strikes Heart of Law School Community On September 15th, in the midst ofSBA election madness, I was told that a fellow UB law student had been arrested for manslaughter. I began asking others what they knew about this student. An honors student. The most active member of the Prisoner's Task force last year. Running for Second Year Student Bar Association Director. The obvious question emerged: What Happened? The focus of this article will not be on what happened the night of September 13th. Only Stacy Glover and Tyrone Whitfield will ever know that. It will, however, focus on what has occurred since then. by Damon Scrota Layout Editor James T. Madore, general assignment reporter for the Buffalo News, stated in a September 15th News article that "Glover and Whitfield were apparently arguing at about 11 p.m. Tuesday when Glover stabbed Whitfield in the chest, according to Assistant Chief of Detectives Gregory Simonian." This quote is the single most incriminating characterization of what occurred that Tuesday night. 1975 John Humann, a graduate of SUNY at Buffalo's law school, agreed to handle the case after the law school called and asked for his help. Mr. Humann, a partner in Boreanaz, Baker and Humann, has worked with Buffalo attorney Mark Mahoney on a number of cases. He agreed to answer a number of questions over the phone on Saturday the 17th of September. His answers provide an illuminating counterperspective to Buffalo News articles dealing with this incident. Mr. Humann had this to say about Assistant Chief of Detectives Simonian's statement: "A pure guess. He is speculating that there must have been an argument because there was a stabbing. Stacy's statement is 100 percent favorable to his case. The police arrested Stacy because they thought that his explanation of how it occurred was inconsistent w/the depth of the knife wound." The Buffalo News, in a September 17th article by Matt Gryta (News Court Reporter), printed part of Stacy Glover's statement to the police: "The accident occurred as Glover was rushing to clean dinner dishes so he could leave the flat to take another friend to the airport, he said .. "Whitfield was at the stove cooking pancakes, with his back to Glover, who was standing at the kitchen sink shortly after 11 p.m. "The men turned toward each other when Whitfield threw something into the sink and Glover asked him what it was. "'As he turned around, I had the knife in my hand, and I was turning toward him,' Glover said. 'I am not saying I stabbed him. "'We were next to each other because my kitchen is small, and I had the knife in my hand, and I was standing at the sink while Tyrone was at the stove, which was behind me. '"I heard the noise, I turned around toward Tyrone with the knife in my hand and he turned toward me and the knife went into his chest area. it was the reflexes of "'. him turning toward me, (that's) why the knife went into his chest area .'" .. . SBA Elections Supreme Court Politics Analysis of the Presidential Elections' impact on the composition of the continued on page 7 p. 2 ..p. 3 Supreme Court. Unpatriotic Act? The validity of national identity and patriotism vis-a-vis the Pledge of Allegiance and flag salute. p. 3 �Student Organization News SBA Administration Articulates Policy and Procedures by Kimi Lynn King COMMITTEES The SBA has formed a committee to establish interview procedures for both the Special Program and Admissions Committees. As most of you know, these two committees are the most sought after appointments made by SBA. They are crucial to the future of this school, since these committees determine the discretionary admissions of incoming first year students. Because the committee is so pivotal, the SBA will be implementing a different procedure than those utilized in the other standing committees. This policy was decided upon after last year's fiasco when interviews were granted on a firstcome, first-serve basis. A number of qualified persons were arbitrarily prevented from interviewing. Additionally, it is not uncommon to have more than 20 persons interested in each committee. That means that the SBA has to make a trade-off. Conduct 2 minute interviews of everybody (which is ludicrous because how can we make such an important decision based on 120 seconds), or conduct longer, quality interviews based on impressive person statements from the candidates who are screened. Thomas Laurino, Audrey Miller, Martin Coleman, and Rohan Marshall will be determining the form and number of interviews and will announce these at a later date (subject to ratifi- cation by the full SBA). For now, all persons interested in these committees MUST submit a one page, single-spaced, typed letter of intent. The letter should nor be a resume, but rather should be a statement of why the person is interested in the committee. Candidates are encouraged to discuss their reasons for choosing this committee, and may also includetheirqualifications. However, it should be stressed that you need not have prior experience. These committees are designed to give persons an opportunity to provide feedback about Admissions policies. If you have any questions or comments please see one of the above listed persons. The deadline for the letter of intent has been extended to October 4 (Friday) at 5:00 p.m. Interviews will take place sometime after that date. In addition, the SBA announces openings for appointments on the following. Sub-Board One Representative (1 person) This person will represent the SBA at Sub-Board 1 meetings, and report to the SBA all activities by SBI which will affect the Law School. The representative also provides feedback to SBI concerning changes SBA is interested in pursuing as formal policy. This is an incredibly important position because SBI establishes the funding policies of our budget (including the student organizations). Social Representatives (2 persons) For those of you who are social animals, these two representatives will be responsible for planning social happenings (including parties, Law Revue, and the SBA semi-formal). The two reps will not necessarily plan all the activities, but will be responsible for recruiting persons who are interested in organizing SBA activities. Additional responsibilities include coordinating other Law School and campus-wide activities to insure that the SBA functions do not conflict with other fun things going on around here. Commencement Committee (4 persons + 1 alternate) This committee will coordinate graduation commencement with the faculty and staff. Responsibilities include plan- ning Senior Week, deciding Commencement Speaker possibilities, and communicating with all persons involved in planning Commencement. Obviously, only third year students may apply for the four voting positions, but first and second years interested in getting involved are also encouraged to apply for the alternate position. Please sign-up for an interview outside rm. 101. Datesand times will be posted. POLICY The SBA will be providing keys to the student organization offices. All officers for each organization must present a list of all persons who will be receiving keys. There will be a $5 refundable deposit per key to cover the costs of replacing the key in the event it is lost. Please see an SBA Executive Board Officer to obtain keys. All student organizations which have not submitted a list of its leaders should do so IMMEDIATELY! We must have a list to give to Dr. Gruber (who provides oversight to our funding process). THANKS! In order to receive funding outside of the already approp- riated budget, each person or student organization must prepare a budget request, by lineitem and make a presentation at an SBA meeting. If you have questions about this process, please see Greg Vinal (SBA Treasurer) to help you. Only persons and groups with a formal written proposal may appear at SBA meetings to make requests. For those student organizations who already received funding, the SBA is contemplatcontinued on page 7 SBA Election Results by Ivan Khoury The elections for Student Bar Association class directors held September 14th and 15th produced an unprecedented voter turnout, as evidenced by the 374 vote total. The second year had the highest turnout with 147 votes, divided among 23 vote gathering candidates, the first year race spawned 135 ballots distributed among 23 candidates, and the third year race generated 92 votes dispersed among 18 candidates. The First Year Directors are: Nidhi Kapoor, 49 votes, Mark Phillips, 43, Mark Steiner, 43, Audrey Miller, 40, Steven I. Rubinstein, 40, and Valda Ricks, 38. The Second Year Directors are: Christopher Reo, 86 votes, Betsy Bannigan, 75, Damon Scrota, 69, Mary Joyce, 64, Martin Coleman, 63, and Wendy Urtel, 60. The Third Year Directors are: LisaSizeland,7l votes, Thomas Laurino, 42, Douglas Smith, 41, 37, Jon Derek Rogers, Akiwumi, 15, and Awilda Matias, 14. The closeness of the above results should serve as notice to those not elected that they should continue to voice their concerns in school matters. Furthermore, the student body is encouraged to ensure that the Student Bar Association is made cognizant of issues of concern through their representatives, by voicing their concerns at meetings or by expressing their views through the Opinion or other publication. Ivan Khouryis SBA Vice-President for the 1988-1989 school year. REGISTRATION MUST BE RECEIVED BY 11/1/88.* —*HBH*"~ flpF m —��•{ 177717THE }*�*— rirrrwl ■4 L II " cost of or an v student still in law school who registers for the Pieper $ * New York Multistate Bar Review Course by November 1, 1988. I Ml MM MM WM ■ ■ fPn nil ■ 1111 111 fp ■HUU H ■ ■ ■ WM ■ 2 " *Law student's discount of $125 will be deducted from the m but All MM * * * WkM mm WLJMWk 4 The Pieper Coarse Includes: Complete lecture series ft Essay writing # Multistate Practice and Exam Multistate Professional Responsibility Exam (MPRE) Multistate Volume ft New York Law Volume Professional Responsibility Volume Plas /n c/fIW c^^ The Opinion September 28, 1988 For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. ' W° 747-4311 • The Bar Course That Care: TelePhone; ( 5 ' 9 W LLIS AVENUE MINEOLA NEW YORK 11501 �The Flag, The Constitution and Campaign Rhetoric by Emmanuel C. Nneji In the course of election campaigns it is normal for politicians and their support groups to fashion issues of debate capable of manipulating people and making the particular position(s) more tenable. While the present election campaign between Michael Dukakis and George Bush has not deviated from this norm, it has witnessed an issue that questions the sanctity of the Constitution as espoused by the Supreme Court. That issue is Flag salute. The discussion following makes no distinction between the Pledge of Allegiance and Flag salute, therefore the arguments made here apply in the same respects. When I hear talk about National Identity and Patriotism, I question why people have such feelings. It is obvious to me that the Flag is, first, a piece of cloth (that would most likely have been turned into a rag had it made an initial stop at any car repair shop). But it is not merely a piece of cloth. It has been drenched and processed in the experiences, emotions, and national identity which American people share. Americans cherish the flag not in and of itself but because of the symbolism of liberty and freedom attached to it. Accepting that the Flag symbolizes freedom and liberty, it seems ironic to me that it (the Flag) is being made a vehicle by which persons who choose to exercise their liberty and freedom are persecuted. In other words, if the Flag stands for the proposition that Americans are at liberty to do what they want (within legal parameters, of course), why is refusal to salute it an unpatriotic act? Such refusal appears to me to be consistent with the spirit oftheflag. Apparently one who questions another's patriotism, because that other fails or refuses to salute the Flag, is essentially questioning the validity and authenticity of the proposition that the Flag symbolizes free- dom. Whose freedom? As I understand it, the Flag endures both praise and persecution, and embodies the right and freedom of any person to participate in American life and activities in any manner he or she choose. After all, if those who want to establish a national Flag worship succeed in doing so, then it would also be proper for an anti Flag worship group to abolish it. Moreover, a major dynamic of an advanced political society is thatthepromotion of any position, political or otherwise, generates and nurtures its own opposition until such dominant position fades and is replaced by the formerly unpopular position or a completely new one. Perhaps the fact that Flag salute has developed as a campaign issue signifies that it is time to re-examine the Constitutional stance. But it is clear that public officers take oath to support the Constitution. If this oath is not to be made a mere formality, a truism, then public officials must be held accountable (by being voted out of office) for unconstitutional behavior when they seek to manipulate the political process by invoking positions which they know to be unconstitutional.The argument that most Americans may identify with the unconstitutional position cannot save the official because the constitution protects everyone alike, regardless of views, social and economic status, etc. It is true that the pronouncements of the Supreme Court do not physically exist in the Constitution. Consequently, one may argue, disobeying Supreme Court decisions is not tantamount to unconstitutional behavior. However, by vesting the ultimate power of interpretation in the Supreme Court, the constructively Constitution adopts such interpretations as part thereof. Yes, I understand that this means that even the most unpopular decisions are then constructively adopted. There is a judicial mechanism by which the Supreme Court nullifies the future effect of unpopular decisions. When such positions no longer serve the needs of contemporary society the Court has at its disposal the power to overrule them. This power is the functional constitutional amendment. It evaluates the ideals expressly stated in the original document in light of contemporary values. Additionally, it gives the Constitution the combined luxury of antique grandeur and contemporary competence. Following the above discussion, while I have been impressed by the extent of political participation generated by the Flag/Pledge issue, it appears to me that the manner in which it is employed by the Bush campaign may ultimately lead to a Flag shredding exercise. Americans cherish the flag in being free. I don't believe they will do so when they are in bondage; and this is where I see the Flag/ Pledge debate ending. Presidential Elections Threaten Balance of Supreme Court As the nationreadies itselffor the election to determine who will become the fortieth president of the United States, there has been a lot of discussion concerning the probable effects of a Bush or Dukakis presidency. While America as a country is more concerned with such issues as taxes, defense spending, and social program, members of the legal community appear to be focusing on a less explicit, but potentially more important issue: the fate of the Supreme Court. by Andrew Culbertson Features Editor Recently, I listened to a professor practically urge a group of students to vote Democrat in order to "save" the Supreme Court. The logic behind this plea was fairly straightforward. However, to fully understand its implications, one must be familiar with the makeup of today's Court. In strictly "political" terms, the Court is comprised of five "conservative" Justices, and four "liberal" Justices (these classifications, in many respects, are highly superficial). What makes this imbalance even greater is that as of next year, three of the four "liberal" Justices will be at least eighty years of age. If Bush were to win in November, biological reality dictates that he should be able to appoint at least two justices during his term. Since he is a the argument Republican, goes, this will give him a golden opportunity to strengthen the "conservative" hold on the Court. Many liberals are afraid that this scenario would have a disastrous effect upon such issues as a woman's right to have an abortion, the death penalty, and job discrimination among women and minorities. While I agree that this argu- ment has some validity, it makes too many unfounded assumptions. The Court should not be viewed in a strictly "political" light. To the extent that it is, thereis a mistaken tendency to look at the Court as if it were a voting body. In other words, people are too eager to equate an appointment by a Republican president as a "conservative" vote, and an appointment by a Democratic president as a "liberal" vote. The black and white distinction simply isn't accurate. History has shown that while a president can generally appoint (within reason), the Justice of his choice, he cannot always predict the posture that the Justice will take. One need only look at today's Court to see the truth in this statement. Justices Brennan, Blackmun, and Stevens, who have traditionally taken liberal positions in their decisions, were each appointed by a Republican president. Likewise, Justice White, who takes a conservative stance on most issues, was appointed by President Kennedy. Along these same lines, the opportunity for a president to "pack" the Court by no means guarantees that the Court's decisions will reflect presidential policy. As Stuart Taylor, Jr., former Supreme Court reporter, recently noted, "... despite Reagan's elevation of William Rehnquist to Chief Justice, and his appointments of Sandra Day O'Connor, Antonin Scalia, and Anthony M. Kennedy, his Administration has lost more of the political blockbuster cases than it has won." These include abortion and affirmative action, ".. two areas in which the Adminstration has battled most passionately to move the law to the right." Ironically, the Court "has pushed in the opposite direction, leaving the law more hostile to governmental restrictions on abortion, and more friendly to affirmative action, than when Reagan took office." Another phenomenon that the Reagan Administration didn't count on was the apparent change in Rehnquist since his promotion to Chief Justice. A good example of this change is seen in the stance Rehnquist has taken with regard to First Amendment rights. As an Associate Justice, Rehnquist had regularly rejected defense based on First Amendment rights. Taylor points out that . "as recently as the day before his nomination to suceed Warren Burger as Chief Justice, he had joined a Burger dissent suggesting that New York Times v. Sullivan (a landmark First Amendment case), 'should be re-examined." However, in the recent case of Hustler Magazine v. Falwell, Rehnquist "quoted liberally from Sullivan ruling for thefirst time that public figure plaintiffs in 'emotional distress suits', must, like those in libel suits, prove knowing or reckless falsity to win damages." What's even more surprising about his opinion is that he also stated that "extension of the Sullivan libel standard reflects our considered judgment that such a standard is necessary to give adequate breathing space to the freedoms protected by the First Amendment." Rehnquist has also taken a more moderate position on such issues as rent control, certain aspects of criminal procedure, and homosexual rights. While the reasons behind this change are speculative at best, the bottom line is that Rehnquist, at one time the most conservative member of the has repeatedly ruled against policies supported by the Reagan Administration. Ultimately, it would be foolish to suggest that the appointment of a Supreme Court Justice is a hit-and-miss proposition. More often than not, presidents have been accurate in their assessments of how a particular candidate will perform. However, in a situation of this nature, there are many factors that come into play. How many, you ask? Enough to make the future of theCourt uncertain, even in the event of a Bush victory. Court, Task Force Investigates Minority Hiring According to a 1986 article in the American Bar Association Journal, the numbers of minority lawyers are staggering. They national survey found that of the 618,000 lawyers in the nation, less than 5 percent were black or Hispanic. Literally thousands of minorities must be graduated from law schools before proportionate representation in the legal profession can be approached. by Daniel Ibarrondo Cruz Editor-in-Chief In 1984, a similar survey conducted by the New York State Bar Association found just over 4 percent of the 62,000 lawyers in New York State were black, Hispanic or Asian. In Erie County the numbers are also staggering. Of the 3,000 practicing lawyers in Erie County, less than 2 percent are minorities. In the area of private practice, of the six Erie County law firms with at least 50 lawyers, only two have minority attorneys on staff. The total number of minorities between these two firms is three. Of the twenty county law firms with at least 10 lawyers, 15 have no minority attorneys at all. With the American Bar Association (ABA) investigating the problem of the under-representation of minorities in the legal profession on a national level and the New York State Bar Association (NYSBA) investigating the problem on a state level, a similar effort was deemed crucial to resolving the lack of minority representation in Erie County. In 1987, several members of the Minority Bar Association of Western New York (MBA) approached George Zimmerman, then President of the Erie County Bar Association (ECBA) to inquire about forming a task force to look into the problem of the under-representation of minorities in the legal profession in Erie County. The ECBA referred the matter to one of its standing committees and the committee then passed a resolution to commission such a task force to explore the problem. It was determined that the most effective way to explore the problem would be through a joint task force between the MBA and ECBA. "Law firms must change their focus and look at people overall in order to make a better judgment of their qualifications." Richard F. Griffin The task force is co-chaired by Richard F. Griffin, a senior partner with Moot & Sprague, and Oliver C. Young, senior law assistant for the Eighth Judicial District and a member of the Minority Bar Association of Western New York. Mr. Young, recounting his personal experience upon graduation, stated that "minorities are not apply- ing to private firms and law firms are not interviewing. The task force would like to bring the two together." "A 'change of emphasis' is critical to any solution," stated Mr. Griffin. "Large firms only interview persons who look like they're in the top 10-15% of their class. Law firms must change their focus and look at people overall in order to make a better judgment of their qualifications. There are many persons who have the ability to become good lawyers who aren't in the top 20% of the class." The task force, as of yet, has not taken any testimony. The last couple of meetings have been devoted to discussions of what they've found and the type of programs they deem will be helpful to remedy the under-representations of minorities in private practice. In the next few weeks, the task force hopes to interview law student representatives of the minority student organizations. "Any success for a program would have to embody introducing the minority applicant for private practice into a law firm atmosphere as soon as possible," stated Mr. Griffin. Participation by the law school is important. The task force is comprised of four members of the ECBA, four members of the MBA, two members of the community and two members of the Law School. Representing the Law School are DeanAundra Newell and Dean Thomas Headrick. September 28, 1988 The Opinion 3 �OPINION fittS" STMT. UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 4 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: September 28, 1988 Daniel Ibarrondo-Cruz Donna Crumlish Andrew Culbertson Maria Rivera AlexeiSchacht Damon Scrota JeffMarkello Contributors: Ivan Khoury, Kimi Lynn King, Emmanuel C Nneji, Martin Sanchez-Rojas. ffl Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. Editorial: Non-Discrimination Victory In 1983, Governor Cuomo issued Executive Order 28 prohibiting all state agencies from discriminating on the basis of sexual orientation. That same year, the SUNY Board of Trustees, following the precedent set by the Governor, passed Resolution 83-216 mandating fair treatment for students and employees on SUNY campuses. Specifically, the resolution provided that personal attitudes, preferences or practices such as private expression or sexual orientation, should not be the basis of judgement or action against students or employees. To add more fuel to this controversy, on February 10, 1988, the U.S. Court of Appeals for the Ninth Circuit ruled the Army's ban on homosexuals as unconstitutional. The Federal Court of Appeals, in their decision, prohibited a branch of the armed services from excluding people on the basis of sexual orientation. The ruling was hailed as an important legal victory for homosexual rights. The faculty-student decision to ban JAG Corps from recruiting at the Law School via the Career Development Office appears as the culmination of years of protest by UB Law students. Gay discrimination in the military is presently an issue on a national level and may reach the Supreme Court if the San Francisco ruling extending the suspect classification to gays is appealed to this level. Previously, gay discrimination was tested against a rational basis test. In light of prior decisions rejecting the extension of this category to age and gender discrimination, it seems unlikely that the Supreme Court will allow the lower court ruling to stand. Only when discrimination is within the suspect classifications will affirmative action be justified. The faculty-student decision to enforce a non-discrimination policy was forthcoming. The military may have been stopped, at least momentarily, at the doors of O'Brian Hall. Overall, however, the military is a government entity which is subject to change through either judicial, executive or legislative action. All roads must be pursued. OTPHINM E AILBOX Dukakis' Stand on Pledge Defies Law To The Editor: Concerning the recent debate on the Pledge of Allegiance issue, regarding Governor Dukakis' veto of legislation requiring public school teachers to lead their classes in the Pledge, most people seem to be missing the salient point. It is not the Governor's veto which should alarm us, but his subsequent declaration that he would not enforce the law. Certainly, it is well within the authority of any executive to veto legislation which he/she feels is not in the best interest of those within the jurisdiction of his/her governance, or which that person believes is unconstitutional, or for any other reason. This is why executive vetos exist. No one should criticize an executive for exercising their veto power in accordance with their own moral convictions. Clearly, the legislation in question concerns issues upon which reasonable men might differ. However, Governor Dukakis' veto was overridden in the legislature by an overwhelming number. The people had spoken through their duly elected legislators. The law was passed according to our constitutional principles of law making. This did not impress the Governor. He declared that he would not enforce the properly enacted law of the State of Massachusetts. It is no answer to this charge to say that the Governor is not responsible for enforcing the law. It is no answer to say that the state's Attorney general and the state's Prosecutors are responsible for enforcing the law. Surely, noone would arguethat the Governor of a state has no influence over these people (who subsequently declared they would not enforce the law, either). Mr. Dukakis would be President. Are we to assume that he, and he alone, would decide which laws are to be enforced and which are not? Mr. Dukakis seem to be saying that this is precisely what he would do. It would seem that a President Dukakis would not concern himself much with the power of the legislature to override a Presidential veto. He would simply direct the Attorney General not to enforce any laws that he, Mr. Dukakis, did not agree with. I cannot help but wonder what Mr. Dukakis' reaction would be, should President Reagan choose not to enforce the plant closing law, or civil rights legislation, or congress' textile imports. What is it that makes the Governor believe that only his views should be enforced, regardless of the will of the people? Could it be his belief in the complete superiority of his Harvard education? If Mr. Dukakis truly believes in his own infallibility, perhaps he should run for Pope instead of President. Keith L. Woodside Second Year Law Student SBA Blunder Letter to the Editor: On September 13th of the semester, the Student Bar Association held a lottery for ballot placement of SBA Director candidates. This was also the second day of Rosh Hashanah, the Jewish New Year and holy day for all Jews. On September 20th, the SBA held itsfirst meeting of the year. This night was also Kol Nidre, the eve of Yom Kippur; Yom Kippur is the day of repentance for Jews and considered by some to be the holiest day of the year for Jews. Why? Damon H. Scrota 2nd Year SBA Director recent protectionist quotas on Financial Aid Monies Still Available (Special to The Opinion) Students who will be starting or returning to classes on college campuses across New York this fall should visit financial aid offices at their schools and apply for aid if they have not already done so, said Peter J. Keitel, Acting President of the New York State Higher EducaCorporation tion Services (HESC). In an open letter to college newspapers across the state, Mr. Keitel urged students to fully explore their eligibility for financial aid, noting that nearly $2.5 billion is available in State, federal, and institutional funding for postsecondary study during the 1988-1989 academic year. According to recent figures gathered by HESC, elgible New York State students may share in $2.5 bilion worth of government and institutionally-funded grants, scholarships and loans this year. About 40 percent of that amount is in the form of need-based federal and State grants. The fall is not too late to apply for this kind of aid, since applications for New York's Tuition Assistance Program (TAP) grants and for the federal Pell Grants are accepted as late as May 1, 1989. The advisory letter also noted that many postsecondary institutions will waive some or all of the tuition payments due at registration time, if student financial aid is expected. Students whose schools do not permit tuition waivers will receive TAP refunds if they qualify for the grants after paying for their studies. "Fall is traditionally the most hectic time of the school year, especially for those of you who may have only recently decided to begin postsecondary study," Mr. Keitel wrote. "While attending to other last-minute details, you may have overlooked financial aid opportunities, or assumed it was too late to apply. We want to reassure you that help is still available, but you must take the time to find out if you qualify." HESC estimates that 40 per- cent of the $2.5 billion in stu- dent aid available this year will be in the form of low-interest, federally-guaranteed loans. More than $800 million is expected to be available in Stafford Loans (formerly called Guaranteed Student Loans or GSL's). Over $500 million will be available in Pell grants, 10 percent more than last year's total. A total of $104 million will also be available in other federal Title IV aid. More than $410 million will also be available in State-sponsored aid. Over $380 million will be in the form of TAP grants, a figure which reflects an increase over last year's appropriation. Eligible students can also rely on approximately $450 million in aid from institutions, according to HESC estimates. HESC's letter was mailed to college newspapers at nearly 200 postsecondary institutions across the state, most of them two-and four-year public and private colleges and universities. The New York State Higher Education Services Corporation is the State's student financial aid agency. HESC administers 21 student financial aid programs, including the new Liberty Scholarship program. HESC also provides training and technical services to financial aid administrators, high school guidance counselors, and lenders, and researches and reports on the impact of financial aid on access to higher education. The Official 1988 Publication Schedule For The Opinion Issue 29:5 29:6 29:7 29:8 Deadline Layout September 30 October 5 October 14 October 19 October2B November 2 November 9 November 16 November 30 (Friday) November 11 (Wednesday) Publication (Wednesday) October 12 October 26 All submissions must be typed and handed in no later than 5:00 P.M. on the deadline date. Submit all articles to The Opinion Office, 724 O'Brian Hall, or to Daniel Ibarrondo (Box 410) or Donna Crumlish (Box 59). 4 The Opinion September 28, 1988 �Scenario Portrays Judges as Insensitive To Immigrant Exigencies by Martin Sanchez-Rojas Many of us have probably been in one court or another. Probably, we have been in city court fighting a DWI charge or a minor mishap. Some are fortunate to have been in Supreme Court either as a spectator or participant, but few of us have had the pleasure of being in front of an immigration judge. The following is a general scenario of what an immigration court is likely to be. Please understand that this is simply a scenario and is not representative of any jurisdiction. Torquemada is an Immigration Judge. He is the maximum representative of that infallible institution —the Department of injustice. He, like most immigraton judges, or judges in general, is a character. More importantly, he is unfair, unjust, incompetent, and detrimental to the legal system. The Immigration Judge is not supposed to allow civil or criminal proceedings to arise, but often these administrative hearings are turned into such fiascos. Often these judges forget that it is not them, but the immigration attorney who is supposed to be trying a case. Is a judge supposed to be an impartial and objective individual? Some immigration judges have already determined that a respondent is guilty before he or she has had a chance to say anything at all. Godforbid if you do not speak English! Immigration judges usually get upset if you do not speak English. If you know something about what I'm saying here you will probably agree whenI say that there is a lot, and I repeat, a lot, of ethnic favoritism in immigration courts. Positive decisions are almost always rendered for Eurocitizens and almost always negative ones for foreign looking and sounding people. Racism anyone? To say that thesedecisions upset you is an understatement. Por ejemplo, let me give a hypothetical which is a compilation of various cases that I've noticed in the last couple of years which reflect something of the character of these Reagan-era dinosaurs: Immigration Judge (IJ): "Has the respondent read and understood the Order To Show Cause?" Counsel: "Yes, Your Honor." IJ: "Hum, he's from Latin America! Well, I guess we'll deport him!" Counsel: "Your Honor, my client comes from Guatemala. He is a Quiche indian and has been persecuted and tortured in Guatemala by the government and the armed forces." IJ: "As far as I am concerned there is a genuine, democratic government in Guatemala and our State Department has nothing but praise for that country. Uh, where is Guatemala? Oh, I remember. Bananas, coffee, uh, fruit company. Oh yeah, I know where it is. So counsel, what's the problem?" Counsel: "My client left his country four and a half years agoforthefollowing reasons..." IJ: "Get to the point counselor!" Counsel: "Your Honor, my client lived in the Quiche region of Guatemala. He was a farmer who got involved in a small local farmer's union. This union was created so that the independent farmers could sell their produce at local markets and set prices. My client, along with the 36 other members of the union, were arrested in 1984 by the army and held at a local garrison for about a week. They were accused of belonging to the guerrilla. They were accused of being the subversives who had destroyed a large bridge over a hundred miles awayfrom theircommunity. No proof was ever presented. The only reason these farmers were arrested, was because the properties they live on had large oil reserves beneath the ground." IJ: "So what's the problem? I really see no point in continuing this testimonial. Your client has violated various immigration codes and there is really very little you can tell me which would convince me not to deport him!" Counsel: "Your Honor, my client was arrested, as I mentioned, and tortured. He received approximately 87 cigarette burns on his back and on his legs. Thirty-one of the 36 members of the farmer's union are unaccounted for and presumed dead. Americas Watch, Ammesty International and the Guatemalan Human Rights Commission based logically in Mexico have documented this massacre." IJ: "Massacre? There were only 31 killed!" Counsel: "Your Honor, my client's wife was abducted and held incommunicado for 23 days at a garrison 52 miles away from her village. Your Honor, she was six months she was and pregnant molested! Your Honor, my client's brother, brother-in-law and his uncle have been made to disappear in the last year and a half. No charges have been made known. They were simply terrorized. Their whole village is a strategic hamlet and thoroughly atomized. No one can go in or go out without permission." IJ: "So what do you want me to do? Do you have any proof?" Counsel: "Your Honor, My client has documentation and will apply for asylum in the United States." IJ: I will question your client, through an interpreter." , are you a com"Mr. unist? Have you ever been involved with the marxist-leninist guerrillas? Guatemalan: "Never. I was only a simple farmer trying to protect my land and my family!" IJ: "You did not answer my question! If you were a communist, then the democratic government had every right to defend its people. Isn't that correct, Mr. ?" Guatemalan: "Your Honor, I have never been involved with the guerrilla. I do not know who Mr. Marxist-Leninist is. I am simply a farmer." IJ: "Why did you come to the United States?" Guatemalan: "Because there is freedom here and the army does not kill ordinary people everyday and everynight." IJ: "But you have democracy in Guatemala and hence you must have freedom. Don't you agree?" Guatemalan: "There is no freedom in Guatemala. If you are an indian farmer who demands his right you will end up dead." IJ: "I've never heard of such things. As far as I am concerned, that only happens in communist countries like Cuba and the Soviet Union." Guatemalan: "Your Honor, I hope that someday you visit Guatemala and my village." IJ: "Counsel, I grant you fif- teen days to present documentation for asylum. If you do not have the proper documentation at that time , then I will deport Mr. back to Guatemala. As far as I'm concerned, this is a frivolous attempt on your part counselor. You're simply trying to delay the deportation of Mr. In addition, I will set bail at $10,000. If he cannot place bond, then he will be turned over to deportation/border patrol to do what they want with him. Proceedings closed! How I hate this job!" ... IJ: Next case, let's see A Chilean and then a South African. No Problem. I should be out ofhere before lunch time!" IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 September 28, 1988 The Opinion 5 �Which Bar Review Doesn't Charge Extra Eor Its Extras T IA certain bar review course which charges an extra $95 to $225 for its "multistate workshop." Kaplan- SMH Bar Review Services which includes a comprehensive Multistate Question Volume, 18 hours of in-class Multistate Question analysis, 2 practice exams, and a Diagnostic Analysis to identify strengths and weaknesses, all woven into an integrated review course at no extra charge. Ask The Right Questions, Get The Right Answers* See your CampusRep, orcall: |TT« STANLEY H. I (]l\r\l Lr%Ml~JlVlll Stanley H. Kaplan Ed. Ctr. Ltd. LrXV IBAR REVIEW SERVICES 1 330 Niagara Fal.s Blvd. Tonawanda, New York 14150 T (716) 837-8022 (800)2234782 (800)343-9188 ©1987 Kaplan-SMH 6 The Opinion September 28, 1988 __ | �In The Public Interest: Alternative or Reaction? by Emmanuel C. Nneji In the heat of passionate debates and discussions it often happens that participants and sympathizers lose their cool, and emotions that identify with the topic of discussion run wild like a desert fire. As any law and non-law student who was fairly "present" on the Amherst Cam1987/88 pus during the academic year would agree, UB Law School experienced quite a lot of heated debates ranging from international issues, such as South Africa and the Middle East, to matters of national and local significance, such as the notorious UB Law Faculty Statement and the frustrating grading system. For a significant amount of time the Buffalo Law Review (and the concept behind the present status of Law Review in general) generated popular issues of debate. Suddenly it was time for exams and the pressure to reach the "Q-Train" station on time was on. In The PubInterest, a UB Law journal, was released and free copies were put in all (?) the boxes in the mail-room. I read the article by Jay Lippman, a UB Law alumnus and current Assistant District Attorney at the Manhattan District Attorney's Office. I also skimmed some of the remaining articles. While I found some of the articles interesting, I was taken aback when I noticed on the top cover of the journal the subcaption An Alternative Law Review." I felt a strange sense of injustice and subtle humiliation for the authors of the articles published in the journal. I looked around for previous volumes of the journal because I felt that the choice of the subcaption was based upon the editorial committee's sympathies and identification with the negative sentiments generated about Law Review in the process of the debate. Consequently, I was not too surprised to find that the previous six volumes of In the Public Interest had been sub-captioned A Review Of Law And Society (or something similar). It seems to me that in the process of responding to the eloquent activism that typifies UB Law, the editorial committee chose a means that symbolically gratifies the anti Law Review sentiments, but operatively contradicts the basic premise of the arguments made by the anti Law Review debaters. I say this because of the following reasons: The Buffalo Law Review was characterized during the debate as "the last bastion of elitism" at ÜB. This characterization generally captures the basic premise of the anti Law Review sentiments. The • • • goal was to defeat the elitist appearance of Law Review in general and make it more accessible to all students who are interested. The use of the sub-caption that I complain of is patently inconsistent with the spirit of anti elitism vis-a-vis Law Review. This is so because of the use of the word "alternative." The word "alternative" means that which is an alternative is not the preferred choice. In other words, even where it is intended to suggest co-equality, the fact that one is ultimately chosen over the other reflects a lack of parity. The one is preferred but if it does not work out we will go ahead with the other. It perplexes me that the editorial committee has chosen to present the journal in a manner that glorifies Law Review and slights both In The Public Interest and the values inherent in the anti Law Review argument. Characterizing the publication as An Alternative Law Review may signify that persons who are adverse to Law Review and have an interest in similar experience or publication actually have another choice. It also translates into certain, but probably unintended and unacceptable, recognitions and sugges- Student Tragedy Glover's bail was originally set at $200,000 by City Court Judge Anthony P. Loßusso; County Supreme Court Justice Mario Roisetti reduced bail to $50,000. An anonymous donor furnished $5,000 for a partially secured bond. A large amount of concern has been displayed by students in the UB community. A group of students went to visit Stacy Glover at the Erie County Holding Center on Thursday, September 15th. One such student, Daniel Ibarrondo Cruz, agreed to be interviewed about this matter. "A group from the law school went to see Stacy at 2:00 p.m. upon learning of his arrest and the charges brought against him. When we got there, there were about 15 other students, law students and undergraduates, waiting to see Stacy Glover. Jerome Reid, an undergraduate friend of Stacy from Syracuse University, and I were finally allowed to visit him. I spoke to Stacy and he appeared to be in a calm but confused state. Everything was happening so fast that he was unable to organize his thoughts. He could not believe that his friend was dead. We spoke to him a good half hour. "When I came out and saw the contingency outside, I was told that there was going to be a meeting to discuss strategy at the Black Student Union in Talbert Hall.When I gotthere, I told the group about Stacy and his condition. The group then decided that the first thing to do was to talk to law school officials about the extent of their involvement in the Stacy Glover incident. We were also pressed by John Humann with the urgency of getting Stacy out on bail. It was his opinion that otherinmates would conjure up from page lies that could be injurious to Stacy's case. "At this point in the meeting, an ad hoc committee was formed. We were informed of the lack of resources that Stacy's family had. The purpose of the committee was to try and help Stacy with bail and his legal defense. The law school was also concerned with his legal representation. "Five of us were asked to write a letter to the Dean of the Law School about Stacy's case; they were Derek Akiwumi, Patricia Parris, Peter Ryan, Martin Sanchez-Rojas and myself. We wrote this letter and presented it to the Dean on Friday morning. A cross-section of law school organization members also attended this meeting. "The Dean told us at the meeting that his concern was to make sure that Stacy had legal representation early in the game. It is my understanding from the meeting that Dean Filvaroff and Aundra Newell sought out legal representation for Stacy. John Humann, who was contacted by the law school, has taken on Stacy's representation in the early stages. "The ad hoc committee, as of now, is disbanded because we cannot be concerned with a monetary committment at this stage in his case. The committee raised between 900 and 1000 dollars for Stacy's bail and legal defense." Neither Dean Filvaroff nor Aundra Newell were available for comment at the time that this article was written. Also, both Assistant Chief of Detectives Gregory Simonian and Buffalo Police Commissioner Ralph V. Degenhart refused to comment on the case at this time. . .. . I According to John Humann, "Everything that I have seen in this case has led me to believe This that it was an accident. case centers on a basic fact the burden of proof question of guilt beyond a reasonable doubt lies with the prosecuting attorney the whole thing comes down to Stacy he will be the star of the show." ... Buffalo News reporter Matt Gryta reported on September 21st that Stacy Glover was "undergoing psychiatric observation at the Erie County Medical Centerafter an apparent suicide attempt, law forces said Tuesday afternoon." According to John Humann, Glover's attorney, "Stacy /sat ECMC. He went in there because he was sick. I think that it would be an unfair conclusion to say anything beyond that. He obviously to»k too much medication. I don't know if he tried to commit suicide. As far as a psychiatric evaluation, I don't know if that is true either. As of yesterday, the toxicology reports had not yet gotten back from the lab." According to the article by Matt Gryta of the Buffalo News "Prosecutors Tuesday filed an indictment affidavit in Buffalo City Court, informing Judge Anthony P. Loßusso that a grand jury earlier in the day had voted to charge Glover in the fatal stabbing, which occurred Sept. 13 Humann didn't have Glover testify before the grand jury because, Humann said, prosecutors rushed the case through the grand jury so quickly that he didn't have time to make a 'reasonable decision' about defense strategy ." Finally, whatever the outcome, people should leave the question of guilt or innocence to the jury of his peers. It does not serve justice to prejudge anybody accused of a crime. As law students, I feel a number of us still need to learn that lesson. ... tions: (I)the editors accept (maybe subconsciously) that there is a distinction that characterizes Law Review; (2) given a choice, the editors would rather work on or publish a Law Review journal than In the Public Interest journal (this is so if we follow the logical implications of the word "alternative"); (3) if one can find similar articles in Law Review publications, one is advised, suggestively, to read them and ignore whatever that is published in In The Public Interest regardless of substantive and analytical parity or superiority. I have conclusively presumed that the sub-caption was changed in response to the concerns generated by the Lavt/ Review debate. The perversive and defeatist attitude present in the use of the chosen sub-caption, coupled with the hypocritical implications I have pointed out here, ulitmately led to my reacton that the editorial committee had compromised the dynamic of the anti Law Review debate. If the journal must continue, and I think it should, it must suggest and show, on its cover and elsewhere, the quality of a genuine law school journal. It ought not, and should not, be an alternative to any other form or type of publication. As long as In The Public Interest is presented as An Alternative Law Review it will remain unjust to the students, lawyers, and other persons who publish articles therein. In addition, no one would accept it as a bona fide journal. New Faculty Member from page I Students in the clinic will be part of a community outreach program and may be involved in any of the activities that a business lawyer partakes in, ranging from the most basic to the most complex. The difference will be that it will be "Business Law for labor or the community rather than for people who usually take advantage of Business Lawyers; It is Business Law in the Public Interest." "The focus will be on community based organizations rather than individuals, organizations that are involved in some sort of effort at job creation or job retention." Eventually there may be an opportunity for public policy work with the State and issue oriented groups, depending on the direction the clinic takes. This spring a pre-clinic seminar will be open to a larger number of students than will be in the clinic. The seminar will be used as an opportunity to involve students in actually planning for the clinic before it is underway. The seminar however, is not a prerequisite for the clinic and likewise an interest in the clinic is not a prerequisite for the seminar. Mr. Pitegoff stresses that UB is one of the few places where he could experiment with a new clinical program such as this one. "I don't think it would be possible if it weren't so receptive an environment It's a very impressive faculty, this Law School is an oasis." Mr. Pitegoff's practical experience and enthusiasm about the Law School should prove to make him a welcome addition to the oasis. SBA Policy from page 2 copy. That means that organi- ing issuing funds on semester allotments (half your money in the Fall, half in the Spring). The reason behind changing this policy is fairly clear. Some groups work very hard all year round and use their funds appropriately. However, some groups don't do anything in the Fall and then race to spend all their bucks in the Spring to prove that they needed the money. This results in fewer Fall activities and a zillion Spring functions which serves to limit the total numbers of people who can participate (there is only so much that one person can do!). This proposal will be brought up in front of the SBA within the next few meetings, so please provide us with some feedback. The SBA will be sure to announce when the proposal will be brought up, but you should be discussing this with your Class Directors in the interim. In order to appear on the SBA agenda, you must leave a written request in Michael Small's (3rd year) mailbox no later than 24 hours prior to an SBA meeting. The agenda will be decided after that, and if you do not have a request in, you may only appear at the discretion of the Board for that meeting. About those copy numbers In case most of you aren't aware, the copiers in the 3rd floor copy room cost 7 cents a copy. To do off-set printing (which has fairly short turnaround time) costs 3 cents a . .. .. (Peter Pitegoff makes his debut at UB Law School along with new faculty member MuhammadKenyatta; Mr. Kenyatta will be featured in the next issue of The Opinion.) . zations who fail to use the offset copiers are wasting their funds! In addition, the off-set copy people can collate, staple and even do two-side printing, which saves your organization time! In order to streamline the costs, the SBA is going to hold off on giving out copy numbers until we can establish a policy which isn't wasteful. If you have fewer than 20 copies, see Greg Vinal about making arrangements to use a temporary number. If you have more than 20 copies, GET YOUR ACT TOGETHER in time to submit an off-set copy request. The budgets are hard pressed this year. We can't afford to waste a penny! WORD WRIGHT SHOP Processing •• Word Typing • Graphics / Cover • Pick-Up & Delivery • Resumes Letters Free Call: 652-8163 September 28, 1988 The Opinion 7 �-- — ■ 11.. i i i —— . 111 _ VBa.va>->ww— ■i ii pnHara^BHßnißiMn*-m«<^nMHanaiV>~^>lllvWH| yourl*J T^tWamttc crrv f>, BAR A Bffl BAR BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion September 28, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9f88ec05d6f7250c36fbc4c3116aac12.pdf 6b0fb79a7dbc718474bbedf4a4a4fa82 PDF Text Text THE OPTNION Volume 29, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 12, 1988 LALSA Represented At Hispanic Bar Conference by David Luciano Secretary of Lalsa Report on The Hispanic National Bar Association's 13th Annual Conference Held in Albuquerque, New Mexico Sept. 15th-18th, 1988. As one of two representatives of SUNY Buffalo Law School to the 13th annual National Hispanic Bar Conference held in Albuquerque, New Mexico, my impressions of the event were quite positive. For one, there was a wonderful camaraderie among students, law professors, judges, a Supreme Court Justice, and attorneys alike. Johny Vega, the other representative, and I enjoyed the sharing of ideas and achievements with law students from different parts of the country. Such a gathering served as the proper stimulus for a truly unique social and political leadership. The theme of the conference was a "Tribute to the Judiciary", whose strength was empha- sized as lying in its diversity. In recognition of this event, Supreme Court Justice Anthony Kennedy and ABA president Robert Raven were invited as the guests of honor. Over 500 Hispanic attorneys took part in this convention. Further, there were concurrent sessions involving Hispanic law professors, students and judges as well as continuing legal education seminars. One of the highlights of the convention was Justice Anthony Kennedy's keynote speech. He stressed that the only way in. which we can make sure that we have equality in this country is to promote equality in the legal profession. Further, the legal profession has to be the body which will generate the necessary changes to accomplish this. The concerns which were raised at this convention were the following: the serious underrepresentation of Hispanics in major law firms, in federal, state and local government agencies and on the federal bench. There are other alarming statistics. Out of 6,000 law professors in this country 36 are Hispanic and only 15 of these 36 have tenure. 52% of Hispanic students drop out of high school, and the remaining 48% get a high school diploma. 10% of these 48% graduate from college, and I%ofthese students seek advance degrees after college. Less than half of 1% get a professional doctorate. There are only 10,000 Hispanic attorneys in this country. That is one for every 1900 Hispanics in the overall population. Of 1,126 judges in N.Y. state, 20 are Hispanic; 19 in the metropolitan N.Y.C. area and 1 here in Buffalo. What excited me the most about this convention was that for three days we were all members of the same plane, organized, committed and united for a serious national effort bent on accomplishing a series of aims. The Denver, Colorado Hispanic Bar Association is currently drafting a proposal for submission to the Law School Admissions Council which seeks to specifically survey and research the problems Hispanics have with the bar exam. An educational committee in New York City has developed an Adopt A School program aimed at increasing the number of Hispanic attorneys by providing Hispanic youths with information, motivation and role models through involvement with Hispanic attorneys in their schools. Another important goal which was mentioned by the newly elected president of the Hispanic National Bar Association Mark S. Gallegos was working together to enhance the image of minority attorneys. Former President Gerald Ford Speaks at Alumni Arena The opening speaker of the SUNY Buffalo/Don Davis Auto World series "Power and the Presidency" has come and gone after making his mark at ÜB's Alumni Arena before an audience of an estimated 3,500 attentive students, faculty, and interested Buffalonians. Gerald Ford was the 38th President of the United States. On this momentous occasion, his delivery was strong as he spoke of a great need for unmolested Presidential power, especially when National Security is at in Chief of the Armed Forces. Ford attributes the fact that the War Powers Act has never been used to its poor wording and structure, which he claims makes the statute "inoperable and unworkable." President Ford blamed this legislative blunder on the Democratic party that was in the process of what he called the "Orgy of Reform." He spoke stake. by Jeff Markello Photography Editor President Ford's greatest concern this evening centered around the War Powers Act passed in 1973. He felt that "it ought to be repealed" because it "exacerbates rather than helps relations between Congress and the White House." Speaking from personal experience, Ford contended that the President of the United States needs unbridled discretion in times of emergency because our country's national security is simply too important. He said that the War Powers Act makes it more difficult for a President to achieve and maintain peace in a time of international crisis because of the constraint of having to act with permission of the Congress. Ford went even further on his rampage against the War Powers Act by labeling it "unconstitutional." He feels that this law has created grave Constitutional problems by allowing Congress to encroach on the prerogative of the President to act as he wishes under his Constitutional title of Commander bitterly of this tactic he accused the Democrats of pursuing as a reaction to the Watergate and Vietnam War debacles. The former Chief Executive believes the Democratic party incorrectly removed power from the Presidency after attributing scars in American history to the power held by the President. Ford alluded to the metaphor of a swinging pendulum to show that Congress assumed too much control in an effort to counteract what it previously viewed as legislative impotence. In fact, said Ford, this move hurt the effectiveness of Congress as the "orgy of re- form" led to committee heads being appointed on the basis of politics instead of the traditional model of seniority. Ford claimed that the "orgy of reform" led to unnecessary committees and subcommittees in Congress which eventually led the Senate and House of Representatives to become "unmanageable legislative bodies." While he claimed that he does not believe in an "imperial Presidency," he still believes that the "orgy of reform" brought about an "imperiled Presidency," one which unjustly left the Chief Executive with his hands tied. Ford again referred to a swinging pendulum as he described the manner in which the United States Supreme Court has demonstrated differentpersonalities. For instance, the "benign" Court prior to the administration of President Franklin Delano Roosevelt shifted gears in response to pressure from the other branches of the government to assume a more "activist" Court label. Ford praised our government's system of checks and balances that supposedly keeps governmental control relatively consistent across the three branches of our government. He alluded to the era directly after World War II (1947-early 19605) as an example of when our country was most successfully run because of extraordinary balance between the three branches and a high degree of cooperation between the Republican and Democratic parties. In a moment of optimism and realism, President Ford conveyed his faith in the future of our government by telling the crowd that "aside from budgetary problems and other problems, I think America is doing real well." This famous Republican wrapped-up his speech by praising his party's candidate, George Bush, for attempting to condense the issues, and even suggested mandating a shorter Presidential campaign similar continued on page 9 Seipp Named to Head Immigration Law Clinic by Leonard B. Cooper Less than six months ago, UB was considering closing the law school's immigration clinic because there was no one to run the program. The clinic provides free legal aid to people who are having immigration trouble in the United States. The upstate New York chapter of the American Immigration Lawyer's Association (AILA) read an article in The Opinion detailing the plight of the clinic and made a commitment to keep the clinic alive. AILA member Gerald Seipp took on the responsibility of continuing the clinic and teaching an immigration law course at ÜB. "We thought it was important that there be a legitimate course offering in Immigration Law because there's so much going on in it right now and many lawyers who don't really practice immigration law are confronted with it." Gerald Seipp taught education and welfare law at UB from 1977 to 1981. In addition to regular classes, Seipp also headed a mental health clinic for a semester. While he was happy teaching, Seipp decided that he wanted to get out and do some actual lawyering work of his own, so he joined the Buffalo law firm of Serotte and Reich. After two years at the firm, Seipp found his niche in immigration law. Seipp describes continued on page 4 HIGHLIGHTS Asbestos on Campus The SUNY Office of Environmental page 3 Election Mudslinging page 7 Health and Safety continues to test the asbestos level in O'Brian Hall Bush and Dukakis are equally at faultfor the lack of issue-oriented debate �!r fell Fifteen years ago, computer assisted legal research (CALR) didnt even exist. Today it is considered by law firms large and small to be yip tually the single most important legal research skill you can learn. Essential to your'success as a student, a summer associate, an associate, even ""lE LEXIS* serv.ce amplifies the power of classic research skills for faster and better research results, It is the power to win, a power you can master now. For initial training or advanced courses, talk to your law library staff or legal research and writing faculty. M mmmmJfc m^9 ifaepOWer tOWill. © 1988 Mead Data Central, Inc. All Rights Reserved. LEXIS is a service and trademark ofMead Data Central, Inc. that is registered with the U.S. Patent and Trademark Office. 2 The Opinion October 12, 1988 �Supreme Court To Hear Wide Array of Controversial Cases by John Bonazzi The U.S. Supreme Court began its Fall Term on October 3, 1988. The upcoming term should prove to be quite interesting, as a number of controversial cases are to be heard. The first case heard in the term was a case involving the seizure of an Indiana adult book store under that state's Racketeer Influenced and Corrupt Organizations (RICO) law. RICO allows police to seize assets and padlock doors of an entire store based on the sale of just one or two books or films judged to be obscene. At issue is whether such a seizure amounts to the kind of prior restraint on freedom of the press that the First Amendment forbids. The Indianapolis prosecutor, who has closed 12 of the 14 adult bookstores in the city, defended the law as the most effective means of stopping the distribution of obscene books and movies by organized crime. Perhaps the most controversial of all cases will be a case the Supreme Court agreed last week to hear involving religious displays. The issue is whether city officials can place a nativity scene and a menorah in city and county buildings during the Christmas and Hanukkah seasons. The case was brought by Pittsburgh area officials who are seeking review of a ruling by the 3rd Circuit which held that displaying the items violated the First Amendment en- tanglement clause, which forbids the entanglement of church and state. The District Court in the case disagreed with the American Civil Liberties Union, who brought the action, and ruled that the displays met the threeprong test enunciated in the 1971 Lemon v. Kurtzman case, which all 3rd year Moot Courters know so well. The Appeals Court reversed that decision, pointing to a 1984 case. Lynch v. Donnelly, concerning a creche display in Pawtucket, R.I. The Supreme Court in that case ruled that such displays are allowed on city property only when they are part of an extensive Christmas holiday season display. The appeals court said that by "permitting Important Environmental Issues Are Dealt With On Campus by James Monroe The Office of Environmental Health and Safety has completed comprehensive testing of air quality throughout O'Brian Hall as a follow-up to the February 1988 testing and found asbestos levels to be 10-20 times less thanthe minimum hazard levels enforced by OSHA. Testing in O'Brian will continue periodically to determine any changes in the fifth floor asbestos level. Eventualy the 10% asbestos fire retardant panels will be removed if and when any sign of destabilization appears, but at the present time trations of asbestos and then extrapolating from this data to determine minimal exposure risks. In other words, when a population with exposures below certain levels on a dose response curve show the same or fewer cases of related cancers as the general population, safe levels are inferred. In this case, OSHA risk levels are well below the exposure level on the dose response curve. He also emphasized that what are not explicit in these risk levels are the synergistic effects of other lung irritants such as pollutants and tobacco smoke. A smoker exposed to Asbestos still present in O'Brian Hall this action would cause more unsafe levels of asbestos is 80 serious problems than are wartimes more likely to develop ranted by the situtation. lung cancer than a non-smoker If someone ate a chunk of asexposed to the same levels. bestos he/she would probably Mr. Borzynski has in his posnot feel any ill effects unless he/ session, a thick booklet from his she inhaled the fibers while desk thatcontains the hundreds chewing. These microscopic, of locations that are classified silicone based fibers readily as either priority one, two, pass through the ciliary dethree, or four asbestos removal fenses and attach themselves in sites on both theSouth Campus the alveoli where they can reand the North Campus. Since main indefinitely. removal involves isolation and Leonard Borzynski, an Indusspecialized removal processes, trial Hygienist at the office of it is surprising to learn that this Environmental Health and small office has already comSafety, discussed these risks. pleted almost all priority ones "We all get exposed to varyand twos and is now concening concentrations of asbestrating on threes and fours. tos for example, out here in the parking lot there might be In addition to asbestos removal and testing, the Office of about .01 fibers per cubic cenEnvironmental Health and timeter while in the downtown Safety is in charge of the safety area you could probably find of the college's 3,000 employ.03 fibers per cubic centimeter. ees, provides HIV and Hepatitis OSHA declares anything above awareness and prevention .2 fibers per cubic centimeter to training to this staff, oversees a hazard." be fire code standards, oversees Mr. Borzynski went on to exany conceivable environmental plain that these risk calculations hazard reduction such as noise are based upon studies of people exposed to high concenpollution and radon, provides — accountability for the safety of 30,000 students, and is in charge of packaging, transporting, temporary storage, and removal of the large variety of hazardous chemical and biological wastes generated by the many research facilities. Due to budget restrictions, equipment for most of the testing of environmental hazards is unavailable and this work must be contracted to outside corporations. The entire office consists of a Director, a Co-director, a Safety Engineer, an Industrial Hygienist, a Chemical Engineer, two Fire Technicians, and whatever interns and work-studies that they are assigned. For hazard minimization to be effective the entire custodial and maintenance staff must be aware of the hazards and have a direct access to theOffice. In addition, Mr. Borzynski stressed the importance of student awareness and cited examples of students in the Generation office in Harriman Hall reporting what turned out to be significant hazards. The SUNY Office of Environmental Health and Safety suffers from similar budget and staff cuts that plague the EPA and the DEC under Reaganomics. Speaking of the budget Mr. Borzynski said, "There's so much we could do. It's sometimes frustrating, in that, the staff of this office, and we've got some really good people here, is devoted to helping students get the clean environment that they're entitled to." Questions and suggestions are welcome at the office on the third floor of Micheal Hall at the Main Street Campus. The office is also ready to lend logistical and moral support to student projects concerning hazard reduction and recycling. If you are concerned about what is happening to your environment and would like some answers or to be involved with positive change, pay attention to signs and flyers concerning the Environmental Law Society which has tentatively scheduled meetings on the fourth floor lounge Thursdays at 2 p.m. This year's group has called for a change of agenda toward increased activism on campusand inthecommunity. the creche and the menorah to be placed at the buildings, the city and the county have tacitly endorsed Christianity and Judaismand thereforeacted to endorse religion." Another important case has to do with the oldest principle ofAmerican government the separation of powers. In U.S. v. Mistretta, the issue is whether the sentence of a cocaine dealer under sentencing guidelines created by a congressionallyappointed commission of judges violated the separation of powers principle. The key point here is that the commission is a continuing one, with the power to revise and propose new guidelines, and not a temporary commission. So, is the commission, composed of members of the judiciary, acting in a legislative capacity? Hundreds of federal convicts just can't wait to hear the answer to that one. As anyone who has spent hours trying to figure out just what constitutes "state action" under the Fourteenth Amendment will tell you, the principle is not an unambiguous one. The High Court will get another go at it in NCAA v. Tarkanian, a case involving the 1977 suspension of University of Nevada basketball coach Jerry Tarkanian in an effort to remain a member of the NCAA. The Court will try to determine if the NCAA's demand thathe be suspended amounted to a state action. — Also to be argued in the first week of the term is a case involving the constitutionality of a Richmond, Va. minority setaside ordinance. The ordinance requires that contractors on city work set aside 30% of the dollar value for minority companies. In Teague v. Lane, the Court will once-again address the vexing and recurring issue of racial composition of juries in criminal trials. The Supreme Court will also get involved in SUNY policy, although, unfortunately, not with our unjust parking policy. The Court will determine if SUNY may ban some commercial activities in its dormitory rooms. An appeals court struck down i( the rule, which it felt ignored students' rights. A 1966 SUNY Board of Trustees ruling which prohibited most commercial enterprises from operating on state university campuses was challenged by American Future Systems, Inc., a housewares company from Pennsylvania, after one of its representatives was actually arrested in 1982 at Cortland State College. The controversial subject of employer drug testing will also be heard. At issue in a drug test case is whether Conrail can test its employees for drug and alcohol abuse during company physical examinations without first negotiating the tests with railway labor unions. The Court has agreed to hear a case that could greatly affect state lottery advertising and receipt of junk mail. At issue is the constitutionality of a federal law that prohibits use of the mail to advertise lotteries and other games of chance. Education for the handicapped will again come before the Court. This worthy cause has not fared very well in past Supreme Court rulings. The issue here is whetherthe 1975 Education for All Handicapped Children Act (EAHCA), states may be sued in federal court by parents seeking to enforce the provisions of EAHCA. Presently, parents must first appeal to the local school dis- trict, and if an unfavorable decision is rendered, can then sue the state educational authority in state court. Suing in federal court would prove to be something of an advantage to plaintiffs. The Supreme Court in the past, however, has narrowly construed EAHCA and other handicapped-persons legisla- tion, with the effect of watering them down, or making remedies difficult to come by, as per Pennhurst and Atascadero State Hospital. Finally, the Court will hear a case involving a subject dear to all of us: vacations. The issue is whether states may prosecute employers for withholding accrued vacation pay owed fired workers. You'reFight , 1TpVote. America works better when you '[ care enough to vote. /kyL But if you haven't ■jf voted in 4 years or nave moved, you *rJVMJ\ must register. To find out the places and times when you can register, call your county Board of Elections for more information. r ICa?W ft LAST DAY TO REGISTER IN PERSON, SAT., OCT. 15. Sponsored by Your New York State Board of Elections (A Public Service Message Sponsored by The Opinion) October 12, 1988 The Opinion 3 �UB Law Welcomes Assistant Dean Marlene M. One of the best-kept secrets here at UB Law School is the addition of Dr. Marlene M. Cook to our administration. Dr. Cook became the Law School's Assistant Dean for Resource Management and Personnel in April, and has since then been administering the budget and handling personnel and space/ building issues. She appears to be quite well qualified. She obtained her Ph.D. in Educational Administration from SUNY at Buffalo in 1976. Her dissertation was entitled: A Study of the Interaction of Student and Program Variables for the Purpose of Developing a Model of Predicting Graduation from Graduate Programs. Sure hopes she shares that model with the rest of us Before her appointment as Assistant Dean of the Law .. School, she was the Assistant Dean at the Faculty of Natural Science and Mathematics (FNSM) here at SUNYAB. There, she was responsible for budgetary matters, management policies, review of sponsored research proposals, and personnel matters. Prior to moving to FNSM, she was the Assistant Dean for Academic Affairs and Financial Management at the School of Management of SUNYAB and the Assistant to the Vice President for Finance and Management in the Policy and Planning Office at Buffalo State College. Dr. Cook is, and has been since 1979, an adjunct assistant professor with the Department of Organizations and Human Resources at the School of Management. One of her priorities, some- thing expressly stated in her official job description, is the computerization of the entire Law School in the next few years. The Law School is presently equipped with just a few word processors. It, incredibly, is not "wired" to the University Main Computer, as is almost every other department in the university. In the future. Dr. Cook envisions all faculty having terminals for research and scholarly work, and the Law School administration obtaining access to the main computer for accounting, statistical and other duties. A student computer lab for students is a possibility, although an understandably lower prioriy than computerizing the Law School itself. She also wants to "clean up" O'Brian Hall, observing that "this building is a mess." Projects include painting the halls and stairways, improving lighting, installing mirrors in the stairways, facilitating completion of the Student and CSEA lounges, and in general just brightening up the building. Other projects include establishing our own vending machine areas and installing Seipp: New Faculty Member immigration law as challenging, fascinating, volatile, controversial, action oriented, and fun. Seipp combines this enthusiasm with a smooth teaching style in his class at ÜB. "I love it. I really love the dynamics and the students the energy and the enthusiasm. I've got a pretty good class. A lot of foreign students who know a little about immigration law themselves. The classes have been pretty good." Seipp wants to provide the students in his class with "a framework of what immigration law is all about; to give them at least a basis a foundation for it." Immigration law touches many different aspects of law today; its consequences — — from page 1 affect matters from criminal law to employer sanctions. "It's important for lawyers to be aware [and to have] a little background of what immigration law is all about." Buffalo's proximity to the Canadian border makes this area particularly apt for an immigration law course. "There's a lot going on. Lawyers working in Buffalo should have some foundation in Immigration Law. A lot of students who graduate from here wind up practicing in Buffalo so I thinkthat would be helpful. Immigration is a field that deserves status with a lot of the other courses that are taught here." Seipp brings much experience to the Immigration clinic; (fiQf AHF H| m -^*^^ H7T£r THE m±m wm m* ■■ rlrrrn I tf BJ \M I ■II ■ I ■I I flFfibiAli mb £m WHH Hi I H HiHH 11 ■I I AH 111 m AM JLUUUU 4 Seipp feels that the quality of the immigration law work that the clinic is doing is unmatched by any other organization in the area. Additionally, there is the benefit to the students. "The whole point of theclinic is for the students to learn. Immigration law is a good vehicle for learning. It's very meaningful for the students. "Students are learning a lot. They seem to really be fascinated and enthusiastic about it." Seipp's future goals include a desire to continue teaching immigration law. If there is enough interest, Seipp hopes to teach another course or seminar on particular immigration issues. our own library copying machines to raise money for Law School projects or cutting prices, as well as improving our duplication services on the sth floor. Dean David Filvaroff stated that he was "delighted" that she's come aboard, calling her a "stellar adminstrator." In 1988, Dean Cook, while assigned to the FNSM, won the coveted Chancellor's Awardfor Administration. These are SU NY-wide awards given to the top administrators in the SUNY system. No administrator from SUNYAB has been considered for this award in the past three years prior to Dr. Cook winning it. Dean Cook is excited about her new position and is happy to be here. She is "amazed" at the emphasis placed upon teaching at this school, stating that she has never seen the level of dedication and caring exhibited by a faculty that she has seen here. GRADUATE GROUP ON HUMAN RIGHTS October Schedule of Events: Tuesday, October 20 A panel discussion on "The Human Rights of People with AIDS" will take place in Park 280 at 3:15p.m. The panel will feature Father Vincent Crosby, the founder of Be- nedict House, who will address the problems of community awareness of AIDS and mobilization, and Virginia Leary, professor of Law, who will speak about the efforts being made by the World Health Organization to protect people with AIDS from discrimination. — All Events AreFree And Open To The Public — REGISTRATION MUST BE RECEIVED BY 11/1/88.* —�HBH*— ■ he combines a legal services background with his current work. "I'm giving them a broad perspective from the private practitioner background." The class Seipp teaches is filled to its forty student limit. Seipp chose four out of fifteen volunteers to work in the immigration clinic. The students' workload consists of about two or three detailed cases over the semester. The clinic is currently litigating a case pending in the District Court for two clients. "To have a law school clinic to be able to do that kind of sophisticated litigation where a client could not possibly payfor it is an important benefit of keeping [the clinic] in the law school." Cook The Opinion October 12, 1988 The Pieper Course Includes: Complete lecture series ft Essay writing Multistate Practice and Exam Multistate Professional Responsibility Exam (MPREJ Multistate Volume ft New York Law Volume # Professional Responsibility Volume /n c/^5 " ' *Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. F r m re information see y° ur Pieper Representatives or contact: ° ° PIEPER Telephone YORK-MULTISTATE bar review, ltd, ° ' (5/6; 747-4311 - . 9 W LLIS AVENUE MINEOLA NE W YORK 11501 ' The Bar Course Tlia* Cares. �I I I I I I BAR/BRI First Year Review Helps You Make the Grade With Lectures and Outlines For Civil Procedure, Contracts, Real Property, Torts and Criminal Law. I FIRST YEAR REVIEW I ■ ■ 415 SEVENTH AVENUE, SUITE 62 NEW YORK, NY. 10001 (212)594-3696 (201)62,3-3,363 1(>0 COMMONWEALTH BOSTON, MASS. 02116 I I I I I I I AVEXTE (617)437-1171 (203)724-3910 October 12, 1988 The Opinion II I 5 �OTPHINM E AILBOX I OPINION STATE I DIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 5 October 12, 1988 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Contributors: John Bonazzi, Ellen Burach, Leonard B. Cooper, Kenneth Gomez, David Luciano, James Monroe, Emmanuel C. Nneji, David Smith, Keith L. Woodside. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. A Time To Reflect This year the National Conference of Black Lawyers (NCBL) celebrated the organization's twentieth anniversary on the campus of Howard University in Washington, D.C. The event, which occurred from October 6th-1 Oth, marks twenty years of progressive legal representation and advocacy for the under-represented members and causes of American society. The need and survival of an organization like NCBL is fortified by the ever present possibility of reversing the civil rights gains of the past. Although the impact of the efforts of persons like Martin Luther King Jr. have yet to achieve their greatest potential, it is imperative that the small, but nevertheless important, advances be held onto and protected. Today the U.S. Supreme Court will hear arguments to reconsider Runyon v. McCrary. Runyon, decided in 1976, held that §1981 of the Civil Rights Act of 1866 was violated when a private school refused to admit a black child because of the child's race. In soliciting debate on the merits of that decision, the U.S. Supreme Court has cast a shadow of a doubt and despair among the civil rights community and race relations in American society. On the economic end of American society, the U.S. Supreme Court is also considering the constitutionality of set-aside plans for black construction firms. If statistics show that virtually no city construction funds reach minority businesses, can a city council enact a "set-aside" program reserving at least 30 percent of the dollar amount of each contract to minority subcontractors? At issue is a Richmond, Va. ordinance that was passed in 1983. (Richmond v. J. A. Croson Co.). Justice Anthony M. Kennedy, who asked whether the court can bring to the matter what it knows about the history of slavery and the context of the times, is expected to decide the case. Justice Kennedy replaced Justice Lewis Powell, who cast the pivotal vote in the 1980 case of Fullilove v. Klutznick. While Fullilove upheld a minority set-aside program enacted by Congress, no one position garnered a majority of the Justices. Clearly, these two cases, Richmond v. J. A. Croson Co. and Runyon v. McCrary which has been consolidated in the context of Patterson v. McLean Credit Union in which an employee is charging her employer with discrimination, provides us with a time to reflect on the future of the other America. The Opinion To The Editor: al*ter*na*tive/01-ter-net-iv,al-/ adj (1540) 1: ALTERNATIVE 2: offering or expressing a choice <several plans> 3: existing or functioning outside the established cultural, social or economic system newspaper) (lifestyle) < - alternatively adv- alternativeness. Although this brief excerpt from Websters Dictionary itself explains the inherent flaw with Emmanuel Nneji's article, we believe it bears repeating that alternative does not mean a less than preferential choice. Nor does it in any way suggest anti-elitist or anti-Law Review sentiments. Rather, what it suggests, as the dictionary definition notes, is the offering or expressing of a choice. Mr. Nneji is correct in asserting that the editors accept a dis- tinction between ITPI and Law Review. The distinction we draw between our journal and others stems from a pride in the fact that In the Public Interest presents a consistently progressive, critical point of view. Our pride in no way connotes a qualitative distinction; it merely points to a recognition of a substantive difference between our journal and others. Mr. Nneji's point that we would ratherworkon orpublish a Law Review journal than In the Public Interest is easily answered by the fact that many of the editors of ITPI are current members of Law Review. And we do not believe that ITPI is in any way inferior to Buffalo Law Review or vice-a-verse. Thanks but no thanks. Alternative (meaning choice) is a very fitting description of this Review. Lisa Morowitz, Editor-in-Chief ITPI and Associate Member of Buffalo Law Review Troy Oechsner, Editor, ITPI and Associate Member of Buffalo Law Review Jim Monroe, Editor ITPI IN THE PUBLIC INTEREST In The Public Interest would like to encourage graphic artists in the law school community to consider illustrating this year's upcoming issue to be published in the Spring. If you have design or graphic experience and would be interested in contributing to the law school's progressive law review, please drop a note in our mailbox or in the editor's mailbox (#423). You may also stop by our office in room 118 or call at 636-2161. Club 504 Under Fire Editorial: 6 Public Interest Journal Responds October 12, 1988 To The Editor: I would like to express my concern and anger for what I believe was a direct attack on my integrity and an indirect attack on other members of the law school. A few people involved with Club 504 (Legal Rights of the Handicapped) are displeased with my lack of participation in the group. Forthose ofyou who do not know me, I am a parapAKA "handicapped legic person." I do not or have not ever belonged to Club 504. I have no responsibilities to the club. — — But, I have signed up to be interviewed (have not been selected yet) for the SBA Committee on Law Students with Special Needs. From what I can tell, that is why my character is because I being questioned signed up to serve on the Special Needs Committee but I have not actively participated in Club 504. I feel I am being targeted because I was not active with last year's Special Needs Committee, or this year's Club 504. It is my "sudden participation" this — not year that has a few people questioning my motives. There are people from Club 504 who think I may be padding my resume or doing the vogue thing by showing interest in the Special Needs Committee and not Club 504. Vogue?! Give me a break! I am offended by these assumptions. I cannot believe that people are so narrow-minded to think that just because I am handicapped and am showing an interest in making improvements for the disabled that it should be mandatory for me to belong to Club 504. Club 504 is not a prerequisite to serving on the Special Needs Committee. Do all black law students actively participate in the Black Law Student Association? Do all gay law students belong to the Gay Law Students Organization? I could go on. The members of Club 504 are supposedly working toward making persons with handicaps as "equal" to other people as possible. By singling out those people with handicaps as being disloyal because they are not actively participating in their m us © group, they are achieving just the opposite. They are once again labeling those people that they allegedly want to free of labels. It is true that both the committee and Club 504 are working toward the same goals so why should I be chastised for choosing which committee or club I would rather work through. As to the question of my sud- den participation in speaking outforthedisabled'sneedsand rights, or my lack thereof last year —it is simply my business. I should not be thought of as a traitor to Club 504 because I choose not to participate in their organization. My physical condition should not be a factor to me or to anyone else when I choose to serve or not to serve on a particular committee or club. I hope that similar attacks do not occur toward other persons because of what they choose to do or not to do in their spare time based on their race, age, religion, sexual preference or handicap. Wendy A. Urtel Second Year Law Student THIS WEEK: DEMONSTRATIONS AT Siwy at /adVv3 ntemf"l^11 Chunnan y \ Buffalo I \ / l/r\W I f- -1 / \ /If l_> * / rTb, Q>fCci\ NEXTThe Corporate Interview 6 ° �Malicious Election Muds tinging Serves No Purpose As presidential debates go, it was less than memorable. As debates in general go, it was rather pathetic, although its format may have been a contributing factor. Simply stated, the debate between George Bush and Michael Dukakis was and juvenile, repetitious, merely a rehashing of what had already been said on numerous occasions. by Andrew Culbertson Features Editor By now, we've all heard at least ten to twenty different opinions regarding the substance, style, and outcome of the debate. With this in mind, it's about time someone pull these guys aside and tell them to campaign like real candidates. For anyone who has been following the campaign, the debate was merely a disturbing synopsis of it. Instead of point, counter-point, it was punch, counter-punch. Each candidate repeatedly challenged his opponent's political record. While this is generally standard fare, it was old hat in a campaign slightly less than three months old. Included in the exchanges were such revelations as failed furlough programs, complicity in the Iran-Contra Affair, and balanced state budgets. On another level, there were the all too familiar personal attacks (i.e., Bush stating that Dukakis, being a member of the ACLU, is out of the political mainstream; Dukakis complaining that Bush has repeatedly chal- Bush's Inconsistencies Criticized Abstract Emotions and The Politics of Abortion by Emmanuel C. Nneji The present constitutional law on abortion is that the woman has a right to obtain an abortion at any time during the first trimester of her pregnancy. This the Supreme Court stated in Roe v. Wade. Beyond this stage the availability of abortion is tempered by health and medical considerations; thus the right to procure abortion during the second and third trimesters is subject to considerations of medical necessity and viability of the fetus. It is important to understand that the availability of abortion in the first trimester is not premised on the fact that the fetus is not a person. Rather the justification is thatit is in theprivacy interest of the woman to purge from her body any encumbrances. Realizing the moral, ethical, and social values implicated in the abortion debate, I believe that the Supreme Court, as the final arbiter of constitutional disputes, did no more in Roe v. Wade than provide a common ground to appease all affected interests. Understanding this, any attempt to disturb the ruling is fraught with potential social and political danger. Some legislatures and groups opposed to Roe v. Wade have proposed alternative legislations. These propositions are, of course, self-serving. In addition, there are some inherent contradictions between the values expressed in such legislations. Hence, when politicians talk about abortion we must apply both our reasoning and emotive capacities to evaluate the soundness of their concerns. Where do I spot these contradictions that I am concerned about? During the Bush/Dukakis de- bate the matter of abortion played a role that cannot be dismissed as largely insignificant. Its importance was underscored by the release of a statement from the Bush camp clarifying Bush's "I haven't sorted it out" answer to a question regarding the criminal responsibility of any woman who contravenes anti abortion laws. The position against abortion generally maintains that the fetus is a person subject to prosociety. tection by Consequently, abortion is equivalent to murder. I understand that murder is punishable under penal law; therefore it logically follows that she who commits abortion is subject to the penalty for murder. Continuing in this frame, it is possible that she would likely be held for premeditated murder since abortion is not a mere over-night decision unless there is a lesser statutorily mandated penalty. — I did hear that George Bush's position is that the woman would have to receive some help because she is equally a victim. A victim? Of what? Is she a victim of society? Is she a victim because she exercised her privacy behind constitutional curtains? I fail to understand how one can say that anyone who commits murder should get the maximum penalty under law, and also say that the woman who commits abortion is a murderer but needs help because she is a victim. What do you understand victim to mean? Isn't everyone a victim to one circumstance or another? Aren't those criminals whose execution would give George heavenly orgasm victims of a higher order? Gee, George, is this all politics? Why does all this sound so uncomfortable? Apply some practical rationality to your emotions and you may understand why. Another facet to the abortion opposition is the exception that abortion would be available where the pregnancy resulted from rape or incestuous sexual activity. The contradiction here is apparent. What is the purpose of this exception? Is a person's existence, in fact your existence, unacceptable because the mating circumstance that brought about it is legally forbidden or socially disgusting? How would you feel if the enforcer came to you and said, "Eh men! You gotta go 'cause your father is also your mother's father, and this ain't allowed."? I hope you do tell him to get lost. While I don't intend to disparage the soundness of social values expressed in rape and incest laws, it appears to me that life resulting from violation of such values is as good and golden as all others. This is equally so if we follow the position that the fetus is a person. Are we to punish (kill) the fetus because the father failed to obey the law? It is not totally outlandish that a number of people exist today who are the off-shoots of rape or incestuous sexual activities. How can we profess the sanctity of life but also maintain that it is unworthy in some instances? Furthermore, rape laws generally reflect the respect we have for the privacy interests of the woman. We punish any encroachment upon this interest as long as such encroachment was unauthorized. It is important and necessary that women go about their daily activities without any mental or psychological reservations about the safety of their persons and privacy interests. If we all accept this reasoning, why is it hard to understand and accord the lenged his patriotism), which can be seen regularly on the evening news. While listening to people snipe at one another can provetobetiresome, listening to them snipe about the same things over and over again is downright annoying. Although the issues themselves have received some acknowledgement, each candidate appears to be more interested in debunking his opponent's credentials than enhancing his own. Granted a person's prior achievements or failures are often a good indication of how that person will perform in the future. In the immediate case, drawing analogies between how a person has performed as a governor or a vicepresident, and how that person will perform as president, can be effective. Unfortunately, each candidate has proceeded to beat this method of evaluation into the ground. At the same time, the antagonistic attitude thatthe campaign has assumed is losing whatever attraction it may have once had. Each candidate seems to think that he can defeat his opponent by slinging mud. Evidently, no one has told these guys that the mud has to be really dirty, and relatively fresh. In other words, it doesn't work if you keep slinging the same mud. My suggestion is that if each candidate is content with defaming hisopponent, heshould turn to more effective methods. Bush, for a brief moment, had the right idea when he perpetuated rumors concerning Dukakis's mental history, demanding that Dukakis disclose his past medical records. Indeed, this action was reminissame respect to similar privacy rights involved in abortion as the Supreme Court correctly recognized in its first trimester analysis in Roe v. Wade? Finally, some argue that the proposed laws only forbid "facilitation" rather than "procurement" of abortion. Hence, it is the doctor, as a facilitator, who gets punished. I remember this design of argument has been used to justify the prohibition of sale of alcoholic beverages to persons under a certain age even though such persons may consume alcohol. Why do we tolerate such an onslaught on formalism? Should we believe that legislative words have no function or purpose to them? cent of the 1972 election, in which Democratic vice-presiThomas nominee, dential was forced to step Eagleton, down when it was disclosed that he had received electroshock treatments under the supervision of a psychiatrist. Unfortunately for Bush, this issue never got off of the ground. In a decade which has seen many a candidate's dreams dashed on the unforgiving rocks of his or her past, with plagiarism, adultery, and "reefer madness" heading the list, Dukakis and Bush have disappointed us. Although the Quayle incident(s) seemed to fall into this category, he is merely a vice-presidential candidate. We have yet to hear something "juicy" about one of the presidential candidates. Sarcasm aside, unless you can land a knock-out punch, mud-slinging is only so effective (and something that shouldn't be promoted on any level). If anything, repetitious attacks against one's opponent prove to be more damaging to the attacker than to the victim. For starters, it suggests that the candidate making the accusations has nothing good to say about himself, and has resorted to attacking his opponent. Ultimately, the campaign needs to be injected with some fresh ideas, and elevated to a more respectable and civilized level. While it appears that some of the relevant issues are receiving more attention, the daily attacks have continued. Obviously, it's up to the candidates to decide how the campaign will progress. However, if things don't change, the second debate may be a repeat of the first one. The function of the proposed prohibitions, whether against facilitation or procurement, is to makeabortion unavailable or burden the procurement process. This is simply plain, for if the facilitator will not facilitate, the procurer will not procure. She may have to resort to other methods which are medically known to involve more health risks. It seems that in the realm of politics how things sound or appear is the dominant concern. But until we pay attention to what we hear, we will never realize that the most harm we can do to the general society and ourselves is to allow politicians access to our abstract emotions. Think about it. Space Law Explores Undeveloped Legal Frontiers by David Smith Interested in a new and far out direction in terms of law and occupation? Outer space just might be the field of lawfor you. I'm talking about space law. No more than thirty years of age, this relatively new field of law is unfamiliar to the legal ears of future and even present attorneys. Fast paced technology throughout the world has given the two super powers, the U.S. and the Soviet Union, a major reason to conduct a race for space, no pun intended. Outer space, as far as the eye can see, has already been divided as if it were land here on earth. Yes, that's right, divided. Surprised? Well let's take a quick moment to realize that if the government can see it, you can rest assured thatthereis already a claim on it. on the moon. Space territory must be divided before it becomes too crowded, right? This Take Hurricane Gilbert for example. The Soviet Union reserved a range of altitude, ie. 15,000-30,000feet, in the eye of the hurricane in order to fly their weather planes through it for observation. Now you should be able to understand the super power's thinking and its quest for orbit. is where the future attorney comes in. Formerly, the United Nations had formed an Outer Space Treaty which is still being scrutinized down from Article One by numerous attorneys. Changes are being made constantly, and the treaty keeps getting longer. Also, space is still being widely explored and claims to nuclear weapon pathways are still being debated for nuclear war purposes. broadcasting, Television weather, and spy satellites are presently in orbit, and talk is still lurking about for a space station In short, space lawyers have a wide variety of opportunities to challenge their skills and learn about a new field at the same time. Lawyers can indulge themselves with issues concerning space for military use, directtelevisionbroadcasting and remote sensing (geostationary orbit), liability for damages because of a falling satellite, nuclear power in outer space, and future space transportation. The list is endless as to what an attorney can practice. Technology is rapidly changing, and maybe one day, the only direction left for technology to go will be towards outer space. If you would like to learn more about space law, try reading The Modern International Law of Outer Space by Carl Q. Christol. WORD WRIGHT SHOP Processing • Word Typing • Resumes • Graphics / Cover Letters • Free Pick-Up & Delivery • Call: October 12, 1988 The 652-8163 Opinion 7 �New York Bar Exam Bar Review Course Enrollments Summer '87 ssssssssss f 37001 4000+ " SSS&22ST~] BAR REVIEW ■■ -iJIfl 5 gZOOQr Pieper Josephson/ Kluwer AHOther Courses Combined Summer '88 mg\g% OUU muss | TTT I | I * | | 30 "™ 1SO + -_ A Enrollments based upon head counts at course locations. BAR REVIEW 8 The Opinion October 12, 1988 1988BAR/BRI �Dukakis' Story About Health Insurance Bogus? by Keith L. Woodside Those of us who watched the debate between Michael Dukakis and George Bush will remember the health insurance issue raised by the Governor. Mr. Dukakis told the story about the unemployed man in Texas, whose son could not play little league, because the family could not afford the insurance to cover any injuries that might occur. We were all, no doubt, moved by this human interest story so compellingly told. Mr. Dukakis proposes a health insurance plan whereby employers would be required to provide coverage for their employees. It seems strange to me that the Governor would offer this story about the boy in little league as an example of those whom Mr. Dukakis would help with his comprehensive health insurance plan. It is quite clear that, under the proposed plan, the man in Texas would still not have health insurance since he is not employed. Not only would this man not have health insurance, but his chances of finding another job would be greatly reduced under the proposed plan. Since the cost of labor would be increased by the amount of the health insurance, employers would have no choice but to keep down the number of people they employ. Mr. Dukakis' own health adviser, Dr. David Blumenthal, concedes estimates of lost jobs to be upwards of 100,000. This does not include any new jobs which will not be created due to the increased cost of labor. I wonder how those people who lose their jobs will feel about the Governor's plan when they are forced onto the welfare rolls. I imagine this will not bother Mr. Dukakis, who is a great believer in the welfare state. But the story does not end here. The Texas man has been identified. He lives in Houston and his name is Charles Strickland. It turns out that the truth of the matter is that his son had News Bulletin... The Opinion has just learned that Dean David Filvaroff underwent minor surgery on Tuesday October 11th. Details are being withheld at the Dean's request. Assistant Dean Alan Carrel said the Dean expects to be able to speak at an October 31st alumni fundraising dinner. Assistant Dean Lee Albert will assume most of the Dean's responsibilities in his absence. no particular interest in playing little league. However, had he an interest, he certainly could play because the little league there has their own insurance which covers injuries up to $100,000. Mr. Strickland's son is more interested in playing soccer and football. Unfortunately, his school doesn't offer intramural sports for sixth graders. Yet, when he is old enough to play, he will be covered through school insurance. Mr. Strickland's wife is covered through a health insurance plan from her job with the school district. As a veteran, Mr. Strickland is eligible to receive medical care through veteran's hos- pitals. In ordertofind Mr. Strickland, Cheri Tubinis, the Dean will probably stay at the hospital for a few days then return home to finish recuperating. It seems to me that the problem in theStrickland family isn't health insurance but unemployment. Mr. Dukakis' plan would certainly make the problem worse while adding nothing toward the solution. to the process used in electing the Prime Minister of England. The ex-President also offered some words encouraging about sportmanship in the election process. While Ford predicted that the election campaign "will get hot," he cautioned party activists that "we should always remember to singe, but never burn" the other side. "Let's all work to banish war from our shrinking planet, and hatred from our hearts" was his plea for political teamwork. from page I replied that he planned to vote for George Bush whom he appointed to the head of the CIA when he was in office. Second year law student Jim Grasso also offered a question by challenging Ford's criticism of the War Powers Act. Grasso asked Ford to concede that at Jim Grasso least the intent of the legislation was honorable as it represented an effort to restore a balance of power that was perceived to be heavily lopsided in the President's favor. The Close Encounters of the Political Kind "Power of the Presidency" by Ellen Burach Little did I realize as I was limping to the Alumni Arena to see Gerald Ford, that with the help of Jack Kemp, mine and my housemates' political careers would be changed forever. It all started with a need for a studybreak. Like most law students, we feel that anything is better than doing the reading for the next day's classes including seeing part of the Lecture series "Power of Presidency." As I broke a bone in my right foot only two weeks earlier at an SBA party, I thought it a good idea to utilize my newfound handicapped sticker and park right in front of the something I had alArena ways longed to do. While walking (and limping) into the gym, we noticed that most people were "dressed up" for this Republican event. And there we were, all of us true Demosrats, following the perpetual student tradition of dressing in clothes not fit for a Republican football game, let alone a Republican lecture. Because of my injury (and my now justifiable laziness), I did not want to walk up the steps to the top where the "bad" seats were located. Therefore, we walked down to the rightfront of the Arena and formed three places to sit; sufficiently close to see the speaker but to the right enough to seem unimportant (perhaps we subconsciously sat on the "right" for political purposes). All of a sudden, a distinguished looking man asked my housemate Melanie if he could sit next to her. She replied: "Well, only if you don't get piece of information to Melanie when she turned around and abruptly asked Mr. Kemp: "And, who are you???" Mr. Kemp answered her with a very Italian name. As she was giggling uncontrollably, I told herthe distinguished looking man's true name. Her naturally olive — — No thanks, I have a wife and kids ... Law students (left to right) Melanie Jenkins, Ellen Burach and Mary Kane chat with Congressman Jack Kemp (at far left). fresh." He laughed and stated that he had a wife and fourchildren and proceeded to sit down. At this time, I was being annoyingly nudged by my other housemate Mary who, being from the Buffalo area, immediately recognized the important looking man as Jack Kemp. I attempted to tell this Once again Mr. Dukakis offers us the quick fix of government intervention. It is the knee jerk reaction of a Governor obsessed with centralized power. It doesn't seem to bother the candidate to know that people whom he claims to be concerned about will lose their jobs to pay for his plan. Additionally, those who are hired in the future would have a lower wage to offset the cost of the mandatory health insurance. This additional cost to business would also find its way into increased consumer costs that reflect the increased cost of production. What does Mr. Dukakis really care about; the people and their needs as they actually exist, or himself and his own political ambition? Gerald Ford Visit After Ford finished his delivery, he cordially accepted questions from members of the audience, two of which were UB Law students. Ellen Burach had the guts to ask a very insightful and personal question of the ex-President when she inquired "I'd like to know who you are going to vote for in this year's Presidential election?" Surprisingly enough, President Ford According to his secretary, the Dukakis staff, while at a local union hall in Houston, asked to interview unemployed people with health insurance problems. Mr. Strickland appeared to be the best example they could find of someone falling through the health insurance cracks in this country. Mr. Dukakis grabbed a hold of a passing comment by Mr. Strickland (a Dukakis supporter) and, by Mr. Strickland's own admission, "blew it out of proportion." skin turned a subtle shade of purple and she proceeded to take her leftfoot and, still laughing, slowly shove it into her mouth. When the shock partially wore off, I kept telling Mr. Kemp that Melanie was from the Amish country where people do not know of Buffalo politi- cians. This, I later realized, was not only a futile but a stupid statement considering the fact that the man had been a presidential candidate. Now we were excited. The press wondered who we were because of our seemingly casual political connections. The people in the audience were wondering who we were, not only because we were late, but because we also managed to acquire the best seats in the house. Just then, another distinguished looking man walked into the room and sat down next to Mr. Kemp. "Jerry," Mr. Kemp said, "I'd like you to meet Melanie, Ellen, and Mary, three law students." We shook Mr. Ford's hand. The moment was shattered when some loser behind us tapped Melanie's shoulder and said: "By the way, that's Gerald Ford." Mr. President did not fall as he walked up to the podium and I was promised free beer and dinner by my housemates if I asked Mr. Ford who he was voting for in the November election. This got a few chuckles from the audience, and some say that this was a stupid question, but as my Buffalonian housematekept saying: "Never ask a question unless you already know the answer." We hear that President Carter is coming to UB in May. Just perfect for a study break during finals. former Chief Executive re- sponded by claiming that prior to the War Powers Act, Con- gress had exerted effective control over the President's use of the military through the appropriations process. Ford furtherreiterated his belief thatthe War Powers Act removed too much power from the Oval Office, limiting the President's effective use of military power in foreign relations. In a press conference prior to the evening's activities, Ford addressed the media's questions including those about the upcoming Presidential election. Ford thrived on this opportunity to campaign for Bush through mud-slinging tactics including reference to Democratic nominee Governor Michael Dukakis as weak on foreign policy, accusing him of not wanting to have a strong offense or defense. Ford also ridiculed Dukakis' ideas of raising the minimum wage by claiming it has been raised enough since he entered the Senate in 1949, when the minimum wage was only 250. President Ford continues to remain a favorite spokesman among conservatives. THE PASSWORD: bofybn Seventh Avenue. Suite 62 New York. 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J9 v * MKAPLAN-SMH I I niKAPLAN-SMH Ibar review services ■ Ibar review services ■ ITTB STANLEY H. |TTB STANLEY H. The Kaplan-SMH Approach Question Practice I I honestly, all they have products, is substantive law. The "practice" element on questions is missing. J) / Que**- «<>**„ k \ —" ■ —— |rtyl M 7\ I W l_Cont|acs \\ I I We Put It All Together 44 The course was well structured and sensibly paced. . . W 44 / saw some of your competitors' I The Kaplan-SMH Approach MuW, 8\ Mu e ttist^J u Ji__— \M \ rrß 6 > ~..~;—i« Assoc. J KAPLAN-SMH I PfIKAPLAN-SMH I Hi L> Ibar review services ■ Ibar review services ■ ITTB STANLEY H. rrni STANLEY H. STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 10 The Opinion October 12, 1988 �Unpleasant Reality ofRacial Tensions in America Black or Hispanic? by Kenneth Gomez What does it mean to be both black and Hispanic in America? There is no such thing, people say. I beg to differ. To white America it is obvious that they do not have the mental capacity to grasp this ethnic reality. But it is not white America that I am shocked at. It is my fellow Hispanics that I am disappointed at. It seems that white America's perceptions of ethnicminorities have been encapsulated by Hispanics as well. Being black and Hispanic in this country gives one a different outlook on race in relation to ethnic minorities and whites. To my fellow Hispanics I am Hispanic and no more. Being black doesn't come into thepicture. At first I thought thatthis was liberating ideology being how this country places so much value on skin color. I had thought that among Hispanics color did not matter, that despite our diverse racial backgrounds we were all unified under a language and a way of life. I was seriously wrong. What I began to see was that there was no room to be black and Hispanic in a country that sets all of its ethnic minorities at each other's throats for the crumbs this system throws at them in terms of housing, education and job opportunities. Because of the history that black people have in this country of being treated a notch above dogs, it reflects on the perceptions of later ethnic minorities the mere possibility of just being associated with "those blacks." This is what happened to the evolving perceptions of Hispanics. When the first mass migration of Hispanics into the U.S. began in the late 40's the only available areas in New York City were the ghettos that are still populated by Hispanics. The treatment ofblack people in this country by the whites was seen as some badge of inferiority because of dark skin. This being perceived by Hispanics from all over Latin America and led to a form of color sensitivity never "really felt" when leaving therrespective countries. When I mean never "really felt" I mean that there has always been a benign cultural dislike for dark skin and kinky hair amongst Latinos but not to the level brought out by American racism. Regardless of whether they are black, white looking, or in between, Hispanics have never been classified as black but as 'white.' In Bruce Wright's book Black RobesAA/hite Justice he states that "... I was constantly amazed to notice that on the forms prepared by the arresting officers, Hispanics were invariably described as 'whites,' no matter what their obvious pigmentation might be. I perceived, in its blindness to reality, a police conspiracy, inad- .. vertant or otherwise, to keep the blacks and Puerto Ricans divided by reinforcing distance and hostility between them it seemed sad that neither group appeared to recognize that both were caught in the same ethnic trap and that dis- crimination against them differed, if at all, only in nuance. Unfortunately, it appeared that the Hispanics, having been described as white, had come to believe that forlorn fiction." (p. .. 136-137). He goes on to say that "the police remain the agents of ethnic division in New York City The underlying act of dividing the black and Puerto Rican communities continues in a different form, for now it appears that blacks with Spanish surnames are referred to as 'Hispanics' and only occa- really think about. Two years ago I was in a bodega (grocery store) on the lower east side and I asked this man how much the beer was in Spanish. He looked at me in shock and told me that he thought I was black. I don'tthink that the color of my skin changed because I spoke Spanish. But it was shocking to see that all of a sudden I was his best buddy and that in his eyes all of a sudden I was not a black man anymore. It had never occurred to this person "In sum . . . the myth of black and Hispanic unity in this country against racism has always been that — a myth. The fight against racism will not continue ifwe Latinos continue to perpetuate this false and dangerous pretention of racial denial when, in fact, some ofus are blacker in skin color than Afro-Americans." sionally as 'whites.'White racist classifications of Hispanics serve to divide the black and Hispanic communities by placing a false sense of racial superiority on Hispanics, thus creating serious divisiveness that keeps both blacks and Hispanics at each other's throats for jobs, housing, and education. This, to the satisfaction of the white power structure." Anotherform of this negation of blackness can be seen in the stupid racial categories the system sets up in job and school applications. Are you Black or Hispanic? To make things more confusing, I usually mark off both to give them something to that he was just as black as me. The only difference was that his hair was very curly. To continue the story, my friend turns around and tells this man that he's black too. The fellow turned to my friend and told him "I'm not black, I'm Puerto Rican." My friend and I shook our heads and just walked out of the store but with the beer in our hands of course. For many Hispanics in this country there seems to be a constant battle to deny theirAfrican side because of American racism. Up to now I still do not understand this hysteria of achieving whiteness. I have had fellow country men from the Dominican Republictell me that they are not black. That they are descended from Spaniards and the native Tamo Indians that inhabited the island in the time of Columbus. The discussion got heated and I ended by saying that the Spaniards had all the Indians butchered by the 17th century and I doubt that the Indians had brillo for hair and tires for lips like his. In sum, what I am saying is that the myth of black and Hispanic unity in this country against racism has always been that, a myth. The fight against racism will not continue if we Latinos continue to perpetuate this false and dangerous pretention of racial denial when, in fact, some of us are blacker in skin colorthan Afro-Americans. Always remember, the slave ship made 2 trips to the Americas: North and South. That we are a people who were also a product of theslave trade as well as Amerindian genocide, which continues today as ethnocide on both continents. We as Latinos must take pride in our cultural heritage and accept the fact that we, whether, black, white, indian, mulatto, or mestizo, have a rich history that has ties to the indigenous and black population of the United States. That we as ethnic minorities have a common history since the nightmare of Columbus. I am a black Hispanic man and I dare anyone to tell me different. Do you know who you are? I leave all Latinos with an old Spanish expression which tries to answer the problem of racial denial: Ytu abuela,dondeesta? 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MASS. 02116 (617)437-1171 (203)724-3910 T 19838AR/BRI 0 12 The Opinion October 12, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1988 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f187aedd9adf00d02b53ce0ab5fdfbef.pdf 6be76beddcb6e408cabcd74d3fa9d7fe PDF Text Text NLG Holds Candlelight Vigil for Civil Rights by Bruce Brown The U.S. Supreme Court's surprise decision to reconsider the 1976 landmark civil rights decision in Runyon v. McCrary prompted the National Lawyers Guild to hold a candlelight vigil in front of the Federal Office Building on Tuesday, October 11. About fifty law students and local attorneys braved the unusually cold weather to get out the message that people will not stand idly by while there is a danger that hard fought rights may be eroded by the "Rehnquist Court." The case that is worrying the NLG, Patterson v. McLean Credit Union, began with the layoff of a black clerk at a credit union in North Carolina. Her suit, which alleged racial discrimination and harassment, has now exploded into a review of the Supreme Court decision considered a cornerstone of our civil rights protection. In Runyonthe Supreme Court held that the Civil Rights act of 1866 was violated when a private school refused to admit a black child on the basis of race. The court found that the act applied to the making and en- Volume 29, No. 6 forcing of purely private contracts and that it was illegal for the school to use race as a basis for refusing to contract with the parents of the child. Since that decision the statute has been used to remedy more than a hundred cases of private racial and ethnic discrimination including enabling Vietnamese fishermen off the coast of Texas to sue the Ku Klux Klan for intimidating them in their fishing business, to prevent a private cemetary from refusing to sell gravesites to the family of a black Vietnam war veteran, and to pursue antiSemitic vandals charged with the desecration of synagogue. Should Runyon be overruled the vigil's participants fear this remedy will no longer exist and that a strong message will be sent out that the court is no longer as willing to protect the rights of minorities against private discrimination or racial violence. This fall marks the beginning of the first full term of the U.S. Supreme court since the appointment of Justice Anthony Kennedy, and there is a feeling that the court's balance may have tipped solidly in favor of the conservatives. The concern here is that the voluntary review of Runyon signals a change in direction that Lisa Morowitz, one of the vigil's organizers, called the "first step in a long road to end the civil rights gains we've made in the past two decades." This term the Justices will be deciding a group of cases sure to be of interest to American on both the left and right sides of the political spectrum. They include cases on drug testing, affirmative action, capital punishment of minors, and possibly abortion. Whether or not the leaders of the "Reagan revolution" can muster the five votes they need for the court to transform their agenda into precendent is yet to be determined. What is certain, however, is that this is the year in which the "Rehnquist Court" will come into it full bloom. Professor Muhammed Kenyatta expressed his fear on Tuesday by saying that, "no matter who wins the election we face a Supreme Court who do not take seriously human equality." The protest, which was timed to fall on the night before the court was scheduled to hear arguments in the case, was part of a nation wide action by the Guild to alert people to what they feel is "a major first at- tempt for a conservative and right-wing agenda to sanction the existence of a racially divided and polarized country." This case has attracted an unusual amount of attention. Amicus curiae briefs have been filed in support of maintaining Runyon on behalf of 67 senators, 119 congressmen, 47 state attorney generals, and more than 100 major civil rights, church and labor organizations. TOHE PTNION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 26, 1988 Kenyatta, Civil Rights Activist, Joins UB Law Faculty UB Law is honored to have Prof. Muhammed Isaiah Kenyatta on its faculty. Mr. Kenyatta brings to the law school and the Buffalo community his experience as a civil rights activist in Philadelphia. by Daniel Ibarrondo Cruz Editor-in-Chief Although new to the law school and Buffalo, his name is a familiar one to Philadelphians. Mr. Kenyatta ran for mayor against Frank Rizzo, was active in civil rights and black nationalist issues around Philadelphia for more than a decade. He has had his life threatened when he attacked drug dealers in Philly's black ghetto. Prof. Kenyatta is currently teaching "Race, Racism and the Law." A few weeks ago, he spoke at the National Lawyer's Guild candlelight vigil protesting the Supreme Court's hearing of Runyon. A 1984 graduate of Harvard Law School, Mr. Kenyatta obtained his Bachelor of Arts from Williams College. He has taught courses in political science, theology humanities, and urban studies at his Alma Mater, Williams College, Haverford College, College of Wooster and Temple University. An avid writer, Mr. Kenyatta has published works in theology, political science and law. He also enjoys writing poetry and fiction. In recognition of his devoted affirmation of Africanity, Mr. Kenyatta was Vice-Chairperson and Administrative Consultant to the Pan African Skills Project (U.S.A., Tanzania, Ghana) and served as a permanent representative to the NGO Section (Non-Governmental Organizations) of the United Nations. In addition, he served as a guest observer to the Organization of African Unity's Heads of State Conference in Addis Ababa, Ethiopia. Although his academic career and educational pursuits were not clear of the numerous pitfalls and struggles that plague minority students, Mr. Kenyatta managed and was awarded a fellowship by the Harvard Divinity School Merrill Fellow and a Harvard Fellow in Public Interest Law. While in Philadelphia, he worked with the local chapter of civil rights leader James Foreman's Black Economic Development Conference (BEDC), and was named its executive director. In this capacity, he de- manded that white churches pay $500 million in reparations to blacks. Nobody agreed, but the campaign raised important issues about the obligations of white society to repairthe damage done to blacks. Born Donald brooks Jackson on March 3, 1944 in the west which end ghetto of Chester he describes as "a Jim Crow town," he changed his name in 1968 "as an affirmation of Africanity." Muhammed is for Elijah Muhammed (founder of the Black Muslims), Isaiah for hisfavorite biblical prophet and Kenyatta for Jomo Kenyatta, independence the Kenyan leader. Converted at age 7 in what he describes as a "backwoods religious revival" outside LynDonald chburg, Virginia, "heard the call" when he was 12. He was licensed to preach two years later. "The school system was totally segregated until the tenth grade," Kenyatta recalls. Blacks were expected to finish high school and go to the mills. But before his senior year his family moved to North Philadelphia, where he attended Thomas A. Edison High School. He recalls some white teachers who "treated black students like intrusions from another world" and a few, especially Jewish teachers, "who affirmed and identified with the new Negro freedom struggle." That experience, Kenyatta writes in the spring issue of Dicta, the Harvard Law School student magazine, "shaped my com- — prehension of White America as I learned paradoxically to believe in Black-and-White solidarity even while being confirmed in a deep hatred for the White American social disorder." He was ordained an assistant pastor at his uncle's storefront North Philly church, Solid Rock Baptist Church, and went off to traditionally black Lincoln University at the age of 16. There was no money for a second year at Lincoln, so he joined the Air Force and took his newfound political activism to Strategic Air Command (SAC) base in Oklahoma. First he tried to organize other black motor-pool drivers into refusing to deliver Air Force pilots to their planes for an alert involving Cuba. Then, when he and another 17-yearold, Archie Bufkin, decided to desegregate a whites-only restaurant in town, they spent the jail and were in night threatened with court-martial. His parents contacted the NAACP chapter in Chester, triggering an investigation into discrimination in the SAC by Philadelphia Representative Robert N.C. Nix. The results: an executive order against discrimination in the military by President Kennedy, Bufkin's transfer to Puerto Rico and Kenyatta's early "honorable" discharge. Commenting on his law school experience at Harvard, Mr. Kenyatta states that "the law school sells two lies. The first lie is that students are being invited to a stimulating experience. The student who takes a standard course is exposed to intellectual pap. The second lie is that students are being prepared for noble social ends." Ninety percent of the school's graduates go to work at corporate law firms, says Kenyatta, where they are "fasttrack flunkies for the corporation. I've never seen so many people being prepared to make so much money who are so resentful of the institution." The numerous students in his class clearly demonstrates the need and interest for a course on racism and the law, as well as a professor with Mr. Kenyatta's qualifications. HIGHLIGHTS page 7 Science and The Law DNA solves the legal queries in civiland criminal cases. Scientific evidence virtually close the gap of uncertainty. Student Opinions on The Candidates Qualifications, ideals and character play key role in assessment. . page 5 �UWVQS AHMADE NOTBOfiN :■■■■'■':■■■■'■.■■■ ■ ■■■:.■..';■.'■ :'.:;.■: .:'.:.■; . -\: d \A T All V YOU M TO PaSS. Need, All Marino Comprehensive New l York & Marino Comprehensive New programs, covering all aspects of ** A ':■ : ':.'..: II ■ ""..\ ■. C^i^^i^^i^t^^^gii^i^^i\/^^ IP'"ll_Ll IL'lj of courses. Its components include our N.J. BARPASS REVIEW (a milservice bar course complete with MBE essay practice seminars), MARINO PLUS (the latest evolution of our highly respected New Jersey I fipJFil Jl mV F# ' CLINIC. Over 110 preparation for the N.Y. & N.J. exams. These courses were ereated to satisfy the very different requirements of each state's test. And both are taught according to The Marino Method: Joe Marino's highly successful, interactive approach to problem solving. This includes personal *m m attention to each student, even step of the way. jfpjfc B^^******»!if. 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You'll receive over 170 class hours, including over 4() PygTyTW7TTffTT|TWTWTW and that's all. There are no add-ons, no ancillary or substantive lectures. You'll be taken through 75 material costs, no other courses to take or payof which are graded) complete with ments to make. Just the most thorough essays (17 model answers, 1,000 N.Y. and MBE hypoanc thoroughly successful bar exam / Jf£j> /* • theticals, 2,000 independent MBE practice preparation you can get, anywhere. / j questions, practice exams and more And Marino Bar Review, Inc. 115 E. 19th the entire program is backed up by Marino St., N.Y., N.Y. 10003 212-420-9800 books, which are rapidly becoming the gold 201-623-2327. Wf Js<*'' Ji" 1t ° |U "#1 <1 IvLIJ , 2 The Opinion October 26, 1988 sZtW2/6 fc— * Ll* �Battered Women Lecture Kicks Off AWLS Lunch Series by Lenny B. Cooper The Women Law Students Association (WLSA) started its "Brown Bag Lunch" series last Tuesday with a lecture by Dr. Charles Ewing on the topic "Legal Victimization of Battered Women." Dr. Ewing is a noted clinical psychologist who has testified in numerous criminal cases as an expert witness on legal and psychological issues; he also teaches first year criminal law here at ÜB. Ewing, a popular lecturer known for his easygoing classroom demeanor, took on a more somber attitude in describing this serious social problem. These sentiments were echoed by a crowded room of concerned people who participated in the discussion. A woman is battered in the United States every 18seconds. It is the number one cause of injury to women in the US. "It's not something that we can no longer pretend doesn't exist. It does exist and it exists in massive proportions." Ewing described this problem as one which cuts across all strata of our society with the same result: denial. This problem is so bad that people are forced to resort to psychological defense mechanisms to cope with it. The most common of these mechanisms is that of blaming the victim. To protect their "myth of invulnerability" people say that "It couldn't happen to me. I wouldn't let it happen." People use such rationalizations as "It can't be that bad, because if it was, they wouldn't put up with it." But there are strong psychological, environmental and legal factors which contribute to this problem. On a psychological level, there are three stages in a cycle of violence. First, there is a tension building stage where there is psychological and minor physical abuse. This leads to an explosive violent incident. The final stage is one of remorse and contrition where the batterer convinces the woman that he is sorry and that things will get better. The woman has a reason to stay in the relationship and the cycle continues. This psychological trap is strengthened by a phenomenon called "learned helplessness." Women who are subjected to random and repeated brutalization come to feel that they are powerless to change their environment. Psychologi- cal depression reinforces this as they are immobilized. Environmental factors help to keep women in this violent cycle. Battered women in America who do not have sufficient economic resources have no place to go. Institutions such as Buffalo's "Haven House" perception Students Apply Skills In Campus Courtroom by John McGuire Besides taking care of disciplinary problems in the University community, the Student Wide Judiciary Program gives law students a foreshadowing of courtroom battle. The program prefers secondyear law students, according to JeannetteLewis, coordinatorof the judiciary program, since such students have taken a Civil Procedure course and are not yet involved in the search for a job after graduation. According to Debra Krieger, director of the Student Prosecutors' Program, the program follows the same process that the regular court system does. usually inThe complaints volving such allegations as property damage or student ascome directly from sault either the University's Housing or Public Safety offices, Krieger said, adding that academic offenses such as cheating are handled by different Univer- — — — — sity panels. "It's our job to investigate what happened and whether the charges are appropriate," she said. On the other side is the Student Defenders' Office, also staffed by law students. According to Paul Weiss, co-director of the program, some of the cases that his office takes come directly from the City of Buffalo. "Those cases are penal violations which come from the town or county courts," Weiss said. He added that students may choose to allow such cases to be tried in the non-University courts, but student defenders do not represent them in such forums. Most of the cases handled, however, do not go to the twelve justices, who are picked from the undergraduate schools and Millard Fillmore College, the college for evening students. Instead, the prosecutor and the defendant's lawyer usually plea-bargain, then go to the judge's approval, according to Krieger, who noted that out of 112 cases prosecuted this year, most were settled before the trial started. If the case does go to trial, a panel of three judges sits, hears testimony and cross-examination, and then decides if the defendant is guilty, and, if so, what punishments should be meted out, according to Weiss. "The court is both trier-in-fact and the sentencer, should they find the student guilty," he added. Sanctions levied against guilty students range from warnings to suspensions, Weiss said. The prosecutors' office not only seeks such sanctions against students the courts find guilty, but also tries to get the students to undertake if possible some form of restitution, according to Krieger. "If someone breaks a window, we make him pay for the cost of replacing it," she said. Another form of restitution that the prosecutors' office would like to see is the institution of a community services program, Krieger added. She said that the programs would like to see more students get involved. "It's a great experience because people in the programs work on a case from start to finish," Krieger added. — — An orientation program for those interested will be scheduled on Wednesday, Oct. 19. is that laws are not enforced. What would be considered an assault under normal circumstances is only a domestic squabble when a husband hits a wife. "If we don't take it seriously, if we don't treat the beating of women as a crime then why would anyone feel any com- provide little refuge against the sheer numbers of battered women: 1100 shelters for the six million battered women in the US. When women turn to friends and family for support they receive uninformedadvice to "go back and work it out." They are told "it can't be that bad." But it is, "My message to battered women is simple: GET OUT. Things do not change. Batterers do not stop. I've never seen any evidence that you can turn a batterer around. But people don't realize this." Women who turn to legal avenues do not find much help. "The police basically have done nothing. They get there and under the best circumstances they may try to quiet the situation and leave." The lack of police attention to this problem is rooted in a myth started twenty years ago by psychologist Morton Bard. Bard claimedthat domestic violence results in more police fatalities than any other activity. There is no factual basis to this claim but police believe it. But even when closer attention is given to the problem, there is no help for the battered woman. "It's not even considered a crime in many jurisdictions to batter your wife. It's a domestic problem. It's a family problem. But as long as police, prosecutors and judges see it as a family problem for family court, then of course it's not going to be taken seriously." The consequence of this prevalent view on battered women punction about doing it? The fact is that there are many men out therewho see it as their God given right as men to beat on women." People's attitudes must be changed. "The problem goes a lot deeper than the legal system. The legal system reflects society at all levels." Ewing compared this to the civil rights problem. "We had to change behavior because we couldn't tolerate it. I think what we've seen is a change in people's attitudes resulting from a change in their behavior. I think we can do the same thing in terms of women's issues." The government must be willing to give economic sup- port to this problem. "If a woman has nowhere to go in this society to escape from a man who's beating her, then it's not a society that I want to live in." Battered women have no constituency.' "People close their eyes, ears, and hearts. They don't want to know about it." "Most of them are suffering in silence and will never be identified. The only people who can help them are people who are aware of their plight. We have some clout. When you become a lawyer you will have even more clout. Use that clout to get some help for battered women. Domestic violence is not going to go away if we ignore it." The Brown Bag Lunch series will continueto present lectures on women-related legal topics on a biweekly basis throughout the semester. The lectures are generally held on Wednesdays at 2:00 in the Fourth floor lounge of O'Brian hall. Score two points and help keep O'Brian Hall Clean! Pitch your empty cans in CANftCAN. (A Public Service Announcement by The Opinion) MARINO COMPREHENSIVE NEW YORK PRICE COMPARISON Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all. There are no add-ons, no ancillary or material costs, no other courses to take or payments to make —just the most thorough and thoroughly successful bar exam preparation you can get, anywhere. MARINO BAR/BRI PIEPER Yes $1075. No No NY BarPass Review Included Yes Specialized Essay Writing Marino Plus Included Extra charge $225.00 Specialized MBE Clinics Marino MBE Included Extra charge Specialized Marino CPLR Workshop Complete Program Bar Course Course N.Y. Practice Course - Included Full Refund Yes TOTAL (Cost of $1075.00 Policy Complete Package) Discount Discount Price - 225.00 $ 850.00 until Nov. 30 $1050. $125.00 Yes $995. Not offered. Average outside vendor cost: $300. Not offered. Average outside vendor cost: $125. Not offered. Yes No Yes Average outside vendor cost: $75. $1475.00 $1420.00 150.00 125.00 - $1325.00 until Nov. 30 - $1295.00 until Nov. 1 Note: For the purpose of* price comparison, Marino Comprehensive, a program more complete than BAR/BRI or Pieper, has added to the base price of each of the latter the extra costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive. For the summer 1988 bar exam cycle 70% of all non-Marino Comprehensive students found it necessary to supplement their bar course with these extra courses. 115 East 19th Street, New York, N.Y. 10003/212-120-9800/ 1-800-J-MARINO October 26, 1988 The Opinion 3 �SBA Criticized for Total Ineffectiveness by Maurice Recchin Several weeks have now passed since the SBA elections. What's happening with the SBA? Just like politicians in the real world, our proto-politician classmates disappear after election time, content it seems to have one more item for their resumes and to gain the perks of political office (do they include faculty/staff parking stickers?), instead of acting as leaders on the issues they ran on. So in order perhaps to spur someone in the SBA to some kind of action, here are some things I would like to see addressed: Parking First and foremost, the outrageous parking situation must be addressed. What are you people doing about it? At the very minimum you should do two things: First, draft a petition expressing our concern with the situation. Begin tabling with the petition outside the law library. I'll be happy to put some time in at the table. But you people wanted to be on the SBA so you should write the petition and make copies of it. Second, begin a letter writing campaign involving all of us in thelaw school. We should write to both Sample and the Albany bureaucracy. We should also send letter to alumni asking for their help in lobbying for this situation on our behalf. If the Albany bureaucrats and Sample start getting letters from all of us, from our parents and from other allies, and from UB law alumni, maybe he'll start getting the message that we're more than a little upset about the way our interests have been ignored. You should compile an alumni list, draft a letter explaining the situation to them, and in closing ask them to help us out by writing and writing (also phoning) both the Albany bureaucrats and Sample's office. Beyond petitioning and letter writing, I believe it's your responsibility to begin making contacts with other campus government groups so that we can build a large student coalition on this fragmented campus with the ultimate goal of initiat- ihg campus wide protests. As leaders, it's your job to start this "networking" process. These protests can take a variety of forms but must involve large numbers of people in the student body. They can range from a campus-wide petition campaign, to parking lot protests involving multiple hundreds of students blocking the lots with their massed bodies, at which the local TV people should be called, to sit-ins at Sample's office. The more students we involve, the more we can employ these tactics. Of course, all these things must be nonviolent. You should begin now to form this coalition: contact the representatives of the Medical and Dental school student governments, the Business school groups, the undergraduate SA, and the GSA. You are student politicians at a giant university: get moving and do some lobbying. Student Lounge What's happening with the student lounge? The proposal outlined in last year's SBA draft of law school problems seems good, at least better than what we've got. Either come up with a better plan or start working on that one now. We need more and better lounge space. Wasted Paper in the Mailroom I don't know if this bothers anyone else, but it bothers me. I'm ashamed every time I put the paper from my box into a wastebasket. We should have a recycling bin in the mailroom. We should also recycle all the paper that is recyclable from the law school at large. The paperfrom the library and from all the various offices and the copy rooms should be put into the recycling bins. There's a man named Walter Simpson who is working to get UB to recycle its paper campus wide. He works in the building engineering department at 120 Beane Center, his number if 636-3636. Call him; he'll be happy to get some recycling bings installed here. Display of Law Periodicals I haven't yet visited other law schools but I can imagine that most other law schools that wish to be called good have a periodical area which allows browsing access to all the current periodicals much like the access we have to the periodical area of Lockwood. It's important to be able to browse through current titles. International Law Conference The Internationalization of Private Practice and Legal Education Saturday, October 29, 1988 Sponsoredby: Faculty ofLaw and Jurisprudence, State University of New York at Buffalo, New York State Bar Association InternationalLaw and Practice Section, InternationalLaw Society(SUNYAB) in cooperat/on with Barßri, William S.Hein& Co., Inc., and Council on International Studies & Programs (SUNYAB) PROGRAM I All student organizations should get on the SBA agenda for the Fall 1988 By-Law 13 compliance. Each organization failing to comply will have funds withheld. All student organizations should submit a "Calendar of Fall Events" to Ivan Khoury. By-Law 13 is going to be amended for Spring 1989 to require a "Calendar of Events" in order to receive funding for Spring 1989. Until then, it is a STRONG recommendation that groups prepare one for the Fall. Quality, Quantity, and Notice about events are some of the factors considered in the Spring Budget process. There are still some Committees which have not been completely filled. All interested persons should see Kimi (office hours 1-3 Wednesdaysand by appointment). Since the formal interviews have already been held, all appointments will be done on an ad hoc basis, subjectto ratification by the full SBA Board of Directors. DISCOVERING CAREER PATHS IN INTERNATIONAL LAW International Taxation • International Corporate Transactions • Intellectual Property Protection U.S. Customs and Immigration • International Trade and Antitrust • Foreign Investment in the U.S. International Banking, Finance and Securities • Public International Law • Practicing Abroad Corporate Counsel • PROGRAM II EXPLORING THE NEED FOR ACADEMIC PROGRAMS IN INTERNATIONAL LAW PROGRAM 111 SELECTED ISSUES IN INTERNATIONAL TRADE FOR THE GENERAL PRACTITIONER Selection of Foreign Counsel and Other Special Concerns Associated with Doing Business Abroad Import/Export Control Laws • Enforcement of International Obligations • Distribution Agreements Tax Considerations • Techniques for Financing Foreign Transactions Registration Fee: U.B. Students— 5.00 ($15.00 with luncheon and reception). TO REGISTER FOR THE CONFERENCE, PLEASE CALL 636-2781 or 636-2549. Public Service Announcement by The Opinion Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's It provides a complete lecture what you'll get at THE PIEPER BAR REVIEW. practice exams, books and a seminar for the series, essay writing, multistate MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. (<Jfl — PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. (516) 747-4311 MINEOLA, N.Y. 11501 90 WILLIS AVENUE 4 The Opinion October 26, 1988 �Why I Believe George Bush Should Be Elected President by Jim Kennedy When speaking of George Bush, it is easy to fall into a recitation of his impressive resume. While he has a long list of impressive accomplishments, serious discussions of why the man should serve as the 41st President should not focus on his past accomplishments other than to demonstrate that he is extremely versatile and can deliver. Of course, we can say much the same about Mike Dukakis, in spite of a less-impressive resume. We should instead focus on what results we may expect from them as President, based on each man's philosophy and perspective. There is a certain resoluteness about Mr. Bush that carries far beyond our perceptions of him as we see him on television. We learn from our allies in Europe and the Far East, as well as our adversaries, that Mr. Bush is the preferred candidate. Those foreign countries see him as a president that will make good on his word and clearly articulate the goals, interests and purposes of the US. They need a president and a US that they can rely on, who can credibly lead the cause for liberty, and after watching Mr. Bush for some seven years, they see him as such a person. The world needs a US that will consciously break from the reactionary policies of the last 30 years. Since Viet Nam we tend to see each role we assume abroad in comparison with our experience in Viet Nam. In assuming such a reactionary posture, we miss many opportunities to foster the kind of conditions in which a free nation may prosper. We end up reacting to the bad instead of actively encouraging the good. We failed to act positively in Nicaragua until it was too late, for example. We tend to react most decisively (whether action or inaction) when faced with a Communist threat of some kind. But there is more to foreign policy than reacting to a Communist threat, as important as that may be. Mr. Bush understands this, and he is likely to vastly improve on Mr. Reagan's improvement in encouraging growth of liberty worldwide. In sharp contrast, Mr. Dukakis consistently puts forth his belief that we should look to home at all times, and only venture forth to deal with therest of theworld when an emergency occurs. Only when all is well at home can we put our energies into a foreign policy. This translates into a hopelessly reactionary policy, and overlooks the fact that since this country will never be perfect, we will never be able to concentrate on the rest of the world. There has to be more of a balance in focusing our energies on both domestic and foreign concerns. Like it or not, we are the leader of the free world, and we cannot overlook or deprioritize our responsibilities. In the past, even during the Reagan Administration, we have been content to settle for tough talk, and little action. In the past, such compromising positions have led to long-term setbacks. Much of theincreased involvement in Viet Nam came after the other side perceived weakness in JFK, despite his tough talk. Our adversaries had ample reason to doubt his resolve, after witnessing his vacillations twice in Berlin, once in Laos, and twice in Cuba. In the Cuban Missle Crisis, JFK made a choice between demanding the removal of the Soviets from Cuba or the removal of the Soviet missies. He chose to demand the removal of the missies, allowing Soviet dominance of the nation to continue. Had he demanded the removal of the Soviets, they surely would have taken their missies with them when they left, as the Soviets have recently admitted. Mr. Bush has shown us in his dealings with theSoviets in five years of arms control negotiations that he knows the difference between tough talk and action to protect the long-term security of the nation. A comparison here would be unfair to Mr. Dukakis, for a state governor is not called upon to do the kind of work Mr. Bush has done, but it is sitill a very important consideration in choosing a president, for the perceptions other nations have of our purposes influence their actions, which influence us directly. Mr. Bush is fond of saying that the best social program is a job. The basic truth of this is obvious, considering the selfesteem, mobility, and ability to provide that one derives from a job.Employment is now at an all time high, and the employment rate is the highest since around 1973. Interest rates continue to fall, making housing more affordable. With a few exceptions, this is the general picture around the nation. In Massachusetts, this is called the "Massachusetts Miracle." But it is not really a miracle at all, but exactly what Ronald Reagan predicted would happen if we made the fundamental changes in the way the government acts in society. These changes have resulted in an unprecedented boom, with no end in sight yet. It was brought on by a slowed rate of growth, not a cut, in government spending, downward pressure on interest rates, a steady money supply, and a tax cut for the broadest segment of the American people ever. Contrary to the Dukakis claim, the 1981 tax cut was not for the rich, but benefitted primarily the middleclass. (The lowest income groups had to wait until the President could get tax reform passed in 1986 to have a substantial tax reduction.) In this example, Mr. Dukakis usually gets away without defining "rich," but when pressed, his advisors reveal that "rich" means household income over $25,000; meaning the middle class. Mr. Bush was there when these economic plans were formulated and has overseen their implementation. He would not bring about abrupt change to the economy, so we could be assured that he would not threaten the expansion. Since Mr. Dukakis seems to be opposed to the formula which has led to the economic expansion, we have to wonder how he intends to keep so many people employed, and keep the new jobs coming. Choice and private responsibility are two main themes run- ning throughout Mr. Bush's domestic agenda. He favors a voucher system of choice for those families seeking day care for the very young. Parents would choose the day care they preferred, and receive a credit toward taxes or the care center would receive compensation from the government. Parents wanting to send their children to private schools face a couple tax: the tuition of the private school and the tax levy to pay for the public school their children no longer attend. A voucher system would also alleviate this burden, and allow those too poor to afford tuition a chance to attend a private school. Mr. Bush also favors private contributions and efforts to tackle poverty. It seems that after 30 years of massive government spending to alleviate poverty, a feeling has emerged that the responsibility to fight poverty rests with the government and not each of us. Mr. Bush sees both the role of the See George Bush, Page 9 Why I'm Voting Against Bush-Quayle George Bush had it right eight years ago when he said that Ronald Reagan's "supplyside" economic policies amounted to nothing more than "voodoo economics." It's a shame that today he must dishonestly trumpet the "gains" of the so-called "Reagan Revolution." As Lloyd Bentsen is fond of saying, I too could create the illusion of prosperity if I was allowed to write $200 billion worth of hot checks. This gets to the heart of why you should by Alexei Schacht News Editor vote for Dukakis-Bentsen and not Bush-Quayle. The Republicans, at least the Reagan-Bush Republicans, have lied to the American people about everything from thedomestic economy to foreign policy. Listening to Bush-Quayle talk about America being on the right track again, one wonders if they realize that, by the Gov- ernment's own statistics, 32V2 million Americans live below the poverty line. 32V2 million. Anyone, Democrat, Republican, or other, should be emharassed to talk American economic "success" as long as numbers like these exist. Similarly, the much vaunted "drop" in unemployment has, perhaps not coincidentally, been accompanied by a drop in both real income and the dollar's buying power. In another vein, one must wonder how, if there has been a great revival in the country's morale, we are simultaneously, according to Mr. and Mrs. Reagan, in the biggest drug crisis in the country's history. In other words, if the sun is shining again in America, why are people taking so much smack and crack. Also, if George "Michael Dukakis is soft on crime" Bush is the head of two anti-drug task forces, the National Narcotics Border Interdiction System and the Southern Florida Task Force, then why have drug dealers continuedto "terrorize" the nation? Moreover, why, when the United States Attorney in Miami, Leon Kellner, initially tried to indict General Noriega, did the Reagan-Bush White House try to prevent him from doing so? This brings us to the matter of Messieurs Deaver, Nofziger, et al. who collectively make the Democratic Party in New York City seem honest. All this, and Bush still wants to portray Dukakis as "soft on crime", de- spite the fact that Massachusetts has the lowest crime rate of any industrialized state. Who is soft on crime? The Republicans' rhetoric, in the mindsof some, becomes reality. Despite their sophistry, the Reagan-Bush-Quayle people are clearly nothing more than liars. How else can we account for their claims of having made America feared and respected abroad. It was not under President Dukakis that some 300 odd Marines were blown up and several hundred more sent packing in Lebanon. Respect. Moreover, despite at- tempting to trade arms for hostages (and then dishonestly denying it) at least nine Americans remain hostages in the Middle East. That's respect for you. In the area of "arms control" the great I.N.F. Treaty mainly involved our removing missies from Western Europe that were not there until President Reagan took office anyway. Don't be fooled by this talk of "arms reduction." At any rate, why are ReaganBush now dealing with an "evil empire?" Would Reagan-Bush also have "negotiated" with Nazi Germany? Isn't Reagan the Chamberlin of the 1980's? Or, as conservative "leader" Kevin Phillips put it, isn't Reagan a "convenient idiot" for the Soviet Union? If the Soviet Union is not an "evil empire" then why was President Reagan needlessly antagonizing the Soviets with his hyperbole? To gain respect? It was ironic to hear Dan Quayle, during the Vice-Presidential debate, mock Dukakis' Harvard crowd. Where does Quayle think Bush went to school? Not that where either of them went to school particularly matters. More important is the company they keep. If Quayle objects to Dukakis allegedly having advisors from Harvard then I object to Bush having actual Nazi sympathizers, like Florian Galdau, in his retinue. Of course he disassociated himself from these people when the press got wind of it, but why was he allowing these people in his crowd to begin with? But, I don't think that we needed to have this news about some of Bush's followers to know that he is a mean-spirited bigot. So too, we can assume that Bush-Quayle will, if elected, continue the Reagan-Bush policies of exclusion. Specifically, those policies that have earned the Reagan Administration the enmity of Afro-Americans, Hispanics, Homosexuals, and other groups of people that have traditionally been excluded from American society, will be continued. On the other hand, a vote for the Dukakis-Bentsen ticket will mean, if nothing else, more honesty in the way that the Government conducts itself. For instance, Dukakis and Bentsen do not try to cover up their own ideological differences. (Although Dukakis does lie about why hechose Bentsen as his running mate.) Nonetheless, the Dukakis-Bentsen re- lationship is in marked contrast to the spineless Bush who, in 1980, was a Reagan critic, and has now become a Reagan sycophant. More importantly, there will be much less danger, under Dukakis, of a continuation of the Reagan-Bush policies which have eroded the mechanisms that provide basic social services to the dispossessed and underprivileged. So too, presumably, Dukakis-Bentsen would discontinue the Reagan policy of nominating judicial incompetents like Daniel Manion (sponsored by Dan Quayle) and Jefferson Sessions, who would, over time, help to erode many of the basic liberties supposedly secured to us by the Bill of Rights. Perhaps it's too much to hope, but in an age where the A.C.L.U. has become a major campaign topic can't we see the true issues, and just say NO to Bush-Quayle? Alexei Schacht is a board member of The Opinion, however, this article does not reflect the view of The Opinion. Need Briefs, Memos, Seminar Papers Typed? LEGAL SECRETARY WITH 15 YEARS EXPERIENCE will do typing in her Clarence home. Reasonable rates. Call Cheryl at 741-2519. — October 26, 1988 The Opinion 5 �opinion ilisT STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOLOF LAW October 26, 1988 Volume 29, No. 6 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Contributors: Bruce Brown, Lenny B. Cooper, Nidhi Kapoor, Eric S. Katz, James Kennedy, Kimi Lynn King, John McGuire, James Monroe, Maurice Recchin, Peter Strong. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. T7ie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design. Words and Graphics, Inc. Editorial: Voting Is Not A Privilege But A Right The second Tuesday of this November provides American Citizens with an opportunity to express their view on the current system of government. This chance, according to Webster's Unabridged dictionary, "...to express or signify the mind, will or preference in a matter by voice, ballot, etc." borders on the level of a fundamental duty. Many often take this event as a fruitless effort to change the status quo into something better. There usually is a good reason not to vote for either major candidate in any political election. Most federal and state candidates do little to fully satisfy any one constituency. Voting involves choosing a 'lesser of two evils' from a crop of mediocre rhetoric. The current presidential race exemplifies the typical problems our political processes face; the emphasis is on photogenic image of substance and reform. The right to vote, one of the few fundamental rights our constitution guarantees, began as a flawed scheme of representation of certain elite white aristocrats. Certain attempts have been made to modify the concept so that everyone can be represented. The movement began at the close of the Civil War when the Fifteenth amendment was passed, prohibiting denial of the right to vote 'on account of race, color or previous condition of servitude. The right later expanded to include women and the poor under passage of the Nineteenth and Twenty Fourth amendments, respectively. Yet many people often perceive their vote as meaningless and ineffective. Skepticism in this area does have a certain basis in reason. The electoral college, the last major impediment to majority rule, can frustrate the voice of popular vote. However, this only applies to presidential elections. This election day provides one with an opportunity to voice an opinion of the current state of our union. vote incrementally Every assists a political philosophy; the dichotomy of this presidential election is far clearer than it has been in the past. If these were easy choices there would be no need for elections. Your vote on election day may help shape the face of our legal system for the next half century. All it takes is fifteen minutes of your time. Such a worthy investment of energy is needed to ensure that our Pledge of Allegiance truly conveys "liberty and justice for all". 6 The Opinion October 26, 1988 OTPHINM E AILBOX ITPI Subcaption Controversy Concludes (Response to Lisa, Troy, and Co., And the ITPI) I did not mean to offend you by writing an article which urged that the subcaption AlternativeLaw Review be changed back to A Review Of Law And Society or some other more reflective one, such as the one suggested by Troy in our discussion {Progressive Law Review). In fact I don't think you are offended; and you shouldn't be. I must accept the fact that the meaning of "alternative" I chose to dwell on derives from a practical and contextual perspective rather than the abstract and empty definition provided by your Webster. I say abstract and empty because as law students we learn to engage in active listening and understand words within the context(s) of their use. Moreover, the change in subcaption did not occur because of any particular flaw in the original one; it occurred because the then ITPI editorial staff felt it necessary to reflect the mood of the time and capitalize on the anti Law Review sentiments. These people were instrumental to the second part of the anti Law Review debate which you witnessed. William (Bill) McGavern was a key exponent. I anticipate your reaction to my mention of Bill, and I will address that reaction below. Your response to my article is guided by a misunderstanding, therefore the foundation of the article remains intact. I say this for the following reasons: hardly mean anything • Words without a contextual prem- ise. For example, the names "Lisa", "Troy" and "Emmanuel" would not mean anything except for the fact that they are associated with persons, and when mentioned they conjure up the impressions of such persons as imprinted in the listener's or reader's mind. This is the same with other words such as "alternative" if you really want to know what a word means you must apply the context of use. Hence, when you apply the context of the debate you may understand that Webster is almost totally useless — N in this regard. As some would say, the words in this dictionary are dead; but they assume life through context and the human element of choice. Placed within the proper context, it is not terribly out of order that "alternative" suggests "alternate" as in runner-up or second place rather than co-equal or equivalent. Read the article again. — You take the article to be an • affront to the editopresent rial staff. In a sense it is, but that sense is far from negative— the article challenges you as present editors and participants to correct the action pf previous editors and participants because that action was generated by a misguided sensitivity to a genuine student concern. analysis in the article • My points to the implication that the editors who effected the change in subcaption would rather publish a Law Review rather than the ITPI. This analysis remains unshaken because the argument that some of you are current associates in the Buffalo Law Review is irrelevant. Thearti- Dear Editor: I was shocked to learn that many well-educated Americans are unaware of the overwhelming significance of the Runyon v McCrary case. Since the early 19705, this case has been the weapon ofchoice in discrimination cases. Twelve years ago, in the Runyon v McCrary case, the Supreme Court ruled to prohibit racial discrimination by private employers and private schools. This ruling made it clear that a black child could not be prohibited from entering a predominantly white school; this ruling made it clear that when a group of neo-Nazis scrawled anti-Semitic slurs on the wall of a synagogue, the victims could file suit, and the law would stand behind them. Last April, a predominantly (" ) /vecessiTies i"-- f*.» I ~* JP?fl\ h\ m H KELATtvE SHOES. £*»«ri.es: f L\se/ rtus \ i / £t AW 3C«»u' L_ " JE?*.^'Ml ~rHK ve on intLitHbe. f&'C-,\y ' fc'-'-i*/.'* \rn ''*tA"lE.l PLACE NEXT: THE H£ LtA*n To CoN-rt't- facial foR E + rKESf ions example, T F ,/*p corf " Tax /0 \ V 55* (•J) „\1 ~° -/ J , Jt^ji— 7 L S^L-JgU/ff ~ kAV M r N v T '^' D £^ aw s Ttl£Typ£<>f PERSON wHO will "fit i#" PERFECTLy TIE Public interest interview /, "*l /Ti) A With T° /MTe*VlE*'e* I /iw» to s-T/ty H£/e£ £ forever #»o avEfi %„ST / _ 6 stats£graphs 7-0 foJpdvVS f/HANCIAL f*> Vo\ L/T£RATu/?£ c OKPORATE Wf £nhanL£ s -r-«e-rc:WJrVcS r-fi/rv. jnt^view .—. (°J*\ THOKOU&H'-y *E#P fc-/ NEj f»-r ° JI conservative Supreme Court, ruling on Patterson v McLean Credit Union, decided to reconsiderthe Runyon v McCrary ruling. If Runyn v McCrary is overruled, one of the main lines that pumps life into the Civil Rights Movement will be severed. We need not remind Americans of the importance of equality. Equality as we know ittoday will have irreversible repercussions tomorrow if the Supreme Court dissipates the decision in Runyon v McCrary. There are many important events that pass us by; we think that we can catch up on them later on. We don't realize how short life is until they are gone. I hope we don't have to repeat this adage after this overruling. Hello, this is your early morning wake-up call. I hope I didn't call too late. Bill Hair BvFF NAILS A*o &ET co*po*ate hair cut. *-' \ W e Respectfully! Emmanuel C. Nneji Student Emphasizes Significance Of Runyon v McCrary Case Wi \ l — THIS WEEK: THE CORPORATE I W c/e referred to the subconscious of the then editors, not the present. You would probably argue that Bill was extended an invitation to join the Buffalo Law Review and he declined. This is only superficially impressive. I question the validity of his social consciousness because, for one thing, if he believed in his claim that Law Review is elitist and his anti-elitism principles are bona fide, then he would not have competed to be on Law Review in the first place. To say that he wanted to see if he would make it is to suggest that his principles are/were confused. Furthermore, Bill's conduct may have denied an interested person the opportunity to participate in Law Review. It seems to me that a socially conscious person would care for the needs and interests of others, whether those others share similar principles or not. I certainly fail to see this selfish postulation and aggrandizement as equivalent to social consciousness. /VtW ' r " /<> >d AY 6\«l /V^VvVB \y^ A°/yo_ H (///I/ I rAI V/ �Morton Downey and The American Intellect Arguably, the most valuable characteristic of a capitalist system is the freedom it allows the individual in regard to economic endeavors. Unfortunately, it always seems as though freedom comes at a price. This situ- by Andrew Culbertson Features Editor ation is no exception. At least in this society, capitalism has been instrumental in allowing certain individuals to profit from, and arguably perpetuate, the unintellectual mentality that has become synonomous with the American way of life. "Before I had the television show, I used to get $150 to appear at the opening of Midas shops. Now I get $25,000." Indeed, Morton Downey, Jr., is a wealthy man. By taking advantage of what he saw as the ignorance and prejudice within the average American, he created a hit television talk show. On his "show", Mort bashes homosexuals, promotes hostile xenophobia, attacks minority social groups, and generally insults and maligns guests he happens to disagree with. He claims that his "show" is a device which allows the "common man" to vent his or her frustrations against the "establishment." All he's really doing is using socially unpopular (but not necessarily unacceptable) or misunderstood issuesand/or social groups to create a lynchmob mentality among his audience. While Mort may be more outspoken than other talk show hosts, he's no more culpable. Geraldo Rivera, Sally Jesse Raphael, and, God forgive me, Oprah and Phil, all use sleaze to sell their shows. Although their shows employ a variety of sub-topics, the only actual topics seem to be sex, drugs, crime, and, most recently, devil worship. Why the lack of variety? Because this is where the market is. Although most Americans publically abhor pornography, substance abuse, and serial murderers, many of them are privately fascinated with people who indulge in these areas. Talk show hosts aren't the only culprits, just the most obvious ones. Ex-convicts like G. Genetic Evidence Enters Courtroom by Eric S. Katz (Editor's Note: This article is the first in a three part series.) A rapist leaves the scene of his brutal crime with the belief that he will never be caught; not only did he mask his face, he wore gloves to protect himself from leaving fingerprints. Such may have been the mindset of Tommy Lee Andrews, an unemployed clerk who raped a 28 year old woman at razor point in February of 1987, in Orlando Florida. Little didAndrews realize that a new technology could pinpoint with excruciating accuracy the guilty party; on November 6, 1987, Andrews was convicted of aggravated battery, sexual battery and armed burglary of a dwelling. Deoxyribonucleic acid (DNA), an organically occurring material found in all human chromosomes, is being utilized as the new form of near precise fingerprinting. Developed by British geneticist Alec Jeffreys, DNA fingerprinting unravels the genetic code found in each person that determines an individual's eye color and body type. Scientists state that DNA fingerprinting is a thousand times more accurate than conventional fingerprinting and blood testing. Although DNA has been used by the Scotland Yard in GreatBritain for several years, it has just been recently introduced in the United States. Not only can DNA be used to solve crimes, it can be utilized in forensic medicine and to solve paternity suits before they go to trial. By collecting samples of blood, semen, dried saliva or even strands of hair, DNA can be extracted and used to single out the person who has left them behind. Even though conventional blood and semen tests usually can boast a 90-95% rate of accuracy, DNA fingerprinting is almost, if not 100% accurate. Current blood tests are near impossible when the sample has been exposed for even a short period of time, and semen tests can be unreliable when antigens are not present in the sample. This technology is based on the premise that no two people are alike, (except identical twins), and therefore, DNA will always be a distinctive quality in each individual. Within each chromosome the DNA is composed of two strands of polymers which consist of molecules called nucleotides. The four different nucleotides found in DNA are deoxyadenosine monophosphate, (A), thymidine monophosphate (T), deoxycytidine (C), monophosphate and deoxyguanosine monophosphate (G). One strand of DNA is composed of a myriad of different combinations of these letters, an almost infinite amount that makes each chromosomal DNA unique. DNA is first extracted and purified from a sample of blood, semen or hair tissue. Certain "restriction enzymes" are then used to cut the DNA into different size fragments. These fragments are then ex- Gordon Liddy make thousands of dollars captivating audiences with tales of all the rotten things they've done. Actual convicts like Jean Harris, murderess of the Scarsdale Diet doctor, write best seller "novels" describing their illegal experiences. Funny how people are fascinated with what killers have to say, but are oblivious to the works of say, Carl Sagan or Robert Frost. Substantively, people like Morton Downey, Jr. and G. Gordon Liddy don't have much in common. Procedurally, they have everything in common. They are individuals who are capitalizing on what they correctly perceive as an intellectual weakness within a majority of Americans. That is, most Americans prefer Miami Vice to Masterpiece Theater, and read the National Enquirer rather than the Atlantic Monthly. Not surprisingly, Liddy himself once made a guest appearance on Miami Vice. The point here, however, is not to cast judgement on the American public. Although it's cliche, we truly are a product of our environment, and Americans are raised in an environment that is inherently unintellectual. On one level, this society condemns a wide variety of behavior: crime, illegal drug use, certain types of sexual acposed to an electric field, creating movement among particles and causing them to separate. These fragments are again transferred onto blotting paper. Radioactive gene probes are then added, attaching themselves to the DNA. This picture is then put on X-Ray film which identifies an image of the DNA. The result is something very similar to that of a consumer product bar code. Bars are then compared along samples, and when two match, it is near certain that they are one in the same. Some drawbacks still plague this new technology, such as tivity, and blatant attacks on minority groups. On another level, many individuals in this society are seemingly enthralled with these same practices, and will watch television shows about them, read tabloids and books that discuss them, and even cheer Mort on as he blasts certain minority groups. Ultimately, it's very easy to suggest that the people who cash in on these attitudes are merely what any smart businessman or businesswoman would do. That's not the way I see it. By playing upon this fascination, the Geraldo Riveras and G. Gordon Liddys are doing more than tapping an already existing resource. They are enhancing it, and allowing it to breed within society. Re- peatedly exposing people to these issues actually compounds the problem, and detracts from the cultivation of more constructive interests. For example, reading real books, and watching PBS instead of A Current Affair. Giving the people what they want may be the key to achieving financial success in this country. However, as perverse as it may sound, this is one instance where it might be preferable to give them what they need as opposed to what they want. moisture and bacteria which can contaminate the sample. Also samples must be large enough to accommodate the study. The legal observer should note the use of DNA evidence in the courtroom. The upcoming months will entail the pros and cons over DNA admissibility. With such precise technology, it appears that suppressing the use of DNA evidence will have to be made on its scientific foundation. If DNA admissibility is allowed, over the next year, it will become as common as the fingerprint. Which Presidential Candidate Do You Think Will Do the Most for Our Criminal Justice System? by Nidhi Kapoor KEVIN CARTER BILL SANDLER SCOTT SCHWARTZ Kevin Carter 3rd year My response is twofold. First, there is the perspective of the victim and the criminal. With respect to the criminal, Dukakis is likely to be the heavy favorite. From the perspective of the victim, Bush is the most compassionate. Bush's stance on the right to life issue demonstrates that he would seemingly favor the rights of the victim in the face of a choice. Second, there is the perspective of the justice system and the meaning of justice. For the sake of argument, justice knows no bias. Hence, it appears at least from my perspective, that Dukakis or Bush could be better for the criminal justice system. My question is whose perspective? Scott Schwartz Ist year I think Dukakis because it seems he has more of an open mind in regards to implementing more creative ideas in law enforcement. — Bill Sandler 3rd year While I do not necessarily think that Michael Dukakis will be the best president for our country, I expect that he would take a more hands-on approach to running it. Hence it is the Mass. Governorwho would pay closer attention to details and would thereby be better for criminal justice and other detail oriented tasks. Dawn Madison Ist year Probably Michael Dukakis because he isn't afraid to try innovative programs. At this point in the development of criminal justice that is exactly what we need. DAWN MADISON MARTIN COLEMAN Martin Coleman 2nd year I don't think either one of them will do any good for the criminal justice system of this country. I think they'll both ignore the underlying causes of crime, use jails as retributive systems instead of rehabilitative systems and insure through their economic policies that this country will continue to have the highest rate of incarceration in this world. For as long as either one is in office justice will not be found. October 26, 1988 The Opinion 7 �The Kaplan-SMH Approach I The Kaplan-SMH Approach I Comprehensive Texts I I Expert Lecturers 44 Your written materials are concise, complete, easy to absorb, and H 44 1found your thorough, no-nonsense teaching style very helpful ... I am sure that concentration on {wm never superfluous. J9 II XI test-taking spelled £/ze difference. 19 *I <"r 9 A V I PfIKAPIAN-SMH Ibar ■ BTTB STANLEY H. I MKAPIAN-SMH k> IBAR REVIEW SERVICES ■ The Kaplan-SMH Approach Question Practice STANLEY H. »* review services I The Kaplan-SMH Approach I 44 The course was well structured and sensiblypaced . . .11 __jH —\L---^ 1 4 6\ c is I PfIKAPIAN-SMH Ibar services ■ review _L l^Sestions__LJ multistate ' ITTB STANLEY H. MuU 'ervy e| \ ~~~ Torts_U_______i ~~~ Multistate Multistate —" —TT~H 16\ I 29 281 Practice Exam — Jsi§L— J Assoc. I > mKAPIAN-SMH I 1 rm STANLEY H. 6 ~—* IBAR REVIEW SERVICES ■ BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 The Opinion October 26, 1988 JiJ \ 81 1 STANLEY H. KAPLAN ED. CTR. LTD. 8 I I We Put rt All Together 44 / saw some of your competitors products, and honestly, all they have "practice" is substantive element on questions is missing. H I �"The Accused" Stands Accused by Kimi Lynn King In a recent release, a motion picture dealing with the criminal solicitation of rape tragically sensationalizes one of the most difficult issues facing women and men. In "The Accused", which opened on Friday, Jodie Foster plays a gang-rape victim who seeks to have her day in court. Kelly McGillis plays the activist Assistant District Attorney assigned to this case, which closely resembles the New Bedford gang-rape of a young Portuguese woman. In the "real" rape, the victim was assaulted and repeatedly raped on a pool table at a bar in Massachusetts. The victim in real life was assaulted despite the fact that there were over 30 witnesses in the bar, some of whom cheered the rapists on to "victory". The "movie rape" capitalizes on this tragic event, and graphically provides a 7-8 minute account of the brutalization of rape victim Foster. My criticism of this movie is not that it poorly represented the victim or the female attorney. In fact, it is rather refreshing to finally see a movie which did not feel compelled to provideromantic male leads for all the female leads. My biggest complaint is that the voyeuristic tendencies of the production company were unnecessary to achieving the purpose of illustrating the violent nature of rape. Rape is not an easy subject. It certainly is not one which is pretty, and I do believe that as law students and lawyers, we often tend to gloss over the brutality and violation of rape, and the glorification of graphic sexual violence. The director of "The Accused" was far more in- terested in showing Jodie Foster's cleavage, than in representing issues surrounding criminal solicitation of a felony. As proof, I submit that the entire story line builds to the scene in the bar in which Foster is raped, not once, not twice, but three times. In its portrayal, the directors felt compelled to do what is impossible recreate the rape scene for audiences across the country. In repeatedly emphasizing the sexual violence happening to Foster, and not the mob mentality which allowed this rape to occur, the director confuses the issue which centered on the New Bedford rape. Never mind that the eyewitnesses did not intervene on behalf of the victim. The directordid not feel the need to focus the camera on critically evaluating the culpability of those "silent criminals." The gang-rape in the bar will make you squeamish, it will make you uncomfortable, and it will make you angry. But unfortunately, I am afraid that it provides some viewers with a curious "inside look" at what a rape looks like. We do not need to see a brutal rape on a movie screen to scare us into being careful, remind us that rape is brutal, or help us remember safety in daily activities. It certainly is one that a jury does without in deciding the guilt or innocence of a defendant. And it could have been done by emphasizing the reaction of the "silent criminals," rather than repeatedly emphasizing the brutalization of thevictim. "The Accused" goes a long way towards continuing to graphically illustrate the complaint that women and men have been making for some time now. Vio- lence against women is symptomatic in our society, and is glorified in the media. Second, the nearsightedness of the Director is evident through the portrayal of Foster as a victim. The picture deliberately and repeatedly returns to the issue of Foster's promiscuity, and drug and alcohol abuse. This serves to call into question whetherFoster was or was not a victim, and further implies that she is, to some degree, to blame for the situation in which she found herself. Within the first 30 minutes, the issue of rape is over and decided.The only issue remaining is the criminal culpability of those who stood idly by and allowed the felony to occur. By repeatedly implying thatFoster is somehow blameworthy, this picture reinforces the tendency to blame victims of rape for their own wrongdoing, which reinforces the prevalent opinion of "she deserved it." As for the movie's legal content, you can forget it. The summation offered by the defense is ludicrous, not to mention strategically stupid on the part of the defense attorneys. I cannot say that I recommend the movie for general viewing consumption. Be prepared, also, for an upsetting movie which will force you to think twice before going into a bar as a lone female. I do, however, applaud the ability of the movie to draw attention to a legal standard which would find culpability for those persons who incite rape. My only regret is thatthe Director of "The Accused" did not bring the same sensitivity to the issue of the rape itself. ... George Bush from page 5 government and the individual as indispensable in the fight against poverty. It is a responsibility of citizenship. He has worked very hard to encourage people to take an active role in their own communities to work toward solutions instead of waiting forWashington's plans. My impression is thatthis attitude is very much at odds with Mr. Dukakis's. Private giving and participation is at an all time high, both in absolute terms and as a percentage of income. As for the government, the rate of increase has slowed, but it too is spending more than ever, contrary to Mr. Dukakis. Dedication to a solution cannot be measured in support for greater appropriations; if it could then why after all these years and all this money spent has the problem not gone away, and even become worse? More money is clearly not the main answer. More involvement from everyone will yield the answers to many causes of poverty. This is Mr. Bush's perspective. One last issue: The budget deficit. I believe we can expect progress on this from Mr. Bush. Broadening of the entitlement programs with no plan of how to finance the new obligations put the budget on shaky ground in the 19705. In the 1980s, a severe recession, ever more entitlement spending, and new military spending put the budget badly out of balance. Mr. Dukakis blames the 1981 tax cut for the shortage of revenue, but this is a mathematical impossibility. Under the new tax rates, the government takes in far more revenue than underthe old rates. Mr. Dukakis tries to convince us that since he has balanced ten state budgets, he can solve the federal problem as well, although he declines to offer any plan. He fails to mention that as governor, he was -required by law to submit a balanced budget. He has also changed his position on a tax hike several times in the last year, probably due to the election. Clearly we need more than a simplistic, political approach to the problem. Mr. Bush is a leader who is also good at the consensus building necessary to solvethis problem prudently. This will probably mean spending delays or cuts in both entitlements and military outlays. Cuts in entitlements dictate political sensibility. But cuts in military outlays often become indiscriminate cuts designed to carry as little political risk as possible. We should remember that military actions, including a budget reduction, lead to reactions abroad. Temporary political benefits at home can lead to long-term trouble abroad. This translates into conflicts, and in conflicts, young men die. These are the tough choices, and Mr. Bush has faced them already and done well. THE PASSWORD: 415 Seventh Avenue. Suite 62 New York. New York 10001 (212)594-5696 (201) 62J-3J63 «} STUDENTS I BAR/BR . wHpr |j€ml N__ ■ ■■ ' pass THE BAR : ; ——^^^^—^-.^^ October 26, 1988 The Opinion 9 �Student Organization News SBA President Discusses Student Lounge and Other Issues by Kimi Lynn King ture. Is this a damned if you do, Student Lounge So why don't we have the new student lounge available to us yet? Or for that matter, why don't we have ANY student lounge at all? First, the new student lounge is being held up, because in order to complete the project as specified last spring, the University will have to do asbestos abatement on the 4th floor where the lounge will allegedly (and I use that word with disgust) be located. However, at this time, there is NO indication from any of the higher-ups that this project has even been scheduled. Second and more annoying, this comes at a time when we desperately need any space for students to hang out. Our first floor lounge (which admittedly was not much, but at least was something) has been taken over by a new copy machine and is unavailable for student or organization use. The machine is on loan from a corporation which desires UB law to purchase this equipment. Evidently, the corporation made an offerthe Administration can't refuse and since students are the silent majority, we have lost our lounge. We were supposed to have had it by thetime school started, then September 1, then October 1, then Currently, the Administration has no idea when the lounge will be returned. There are no plans to return it in the near fu- damned if you don't, or what? Asst. Dean Cook is very concerned about this issue and wants to work on a solution.But it takes more than concerns. It takes workable solutions and she can't do it alone, so ADMINISTRATION 1) MOVE THE COPIER TO THE FIFTH FLOOR COPY FACILITIES WITH THE OTHER OFF-SET PRINTER. No, that's too logical. 2) Move the off-set printer to the first floor lounge, and give the students the sth floor room (hey, we're desperate here). 3) Get the 4th floor lounge in working shape and come up with a plan of when abatement will begin and end, when design of the new lounge will begin, when the new lounge will be built, when the students will be allowed to use it. This is a long process folks, and we've waited long enough. 4) Put that monstrosity of a machine in the basement. The students don't care for either the basement or the copier. The two are compatible. Of course, realize that this would require cleaning out that "hellhole which is just waiting for a tort, assault, mugging or rape to occur." There are cages down there which could contain the copy unit so it wouldn't be vandalized. Maybe if some of the administration were forced into checking out what goes on in the bowels of O'Brian, you might understand why first . . — .. QO[l lighting on the stairs. Somebody is going to take a tumble someday, and somebody in Capen is going to be very unhappy with the doctor's bill. 5) Why not share and share alike? If in the interim the students are without a lounge, how do the faculty feel about sharing theirs? The SBA will be sitting all this cent week with a resolution and petition for students to sign. Check on the 2nd floor, in front of the library. Don't kid yourselves. Petitions are paper, but they are a start. While some students have advocated more active measures, we ought to first at least let the Administration respond. Talk to your professors, classmates, don't mourn mobilize. .. Environmental Law Society Expands Scope of Activities by Jim Monroe goal of these activities will be The Environmental Law Society has had three general meetings this year, electing a new executive board and adopting an agenda of law-oriented campus and community activism. According to informed sources, this is nothing new for ÜB, in that, every few years the Environmental Law Society sets an ambitious agenda which only lasts until the leading activists graduate. In light of this problem, the current membership has devised a three tiered strategy. Thefirst phase is to educate and recruit students through debates, speakers, and events. Concurrently, a not-for-profit student corporation will be formed to allow students to become involved in litigating clean water action and toxic waste lawsuits. The long term to form a strong, nationally rec- ognized environmental law clinic at the University of Buffalo Law School. David MacLean is the project coordinator of the Events series. He is a Cornell University, Natural Resources/Wildlife Biology major and has been coordinator of a Cornell Ornithology study on habitatloss and degradation of British colonial water birds. His group is presently planning speaking engagements, toxic debates, brown bag lunches, toxic site field trips, and an overall campaign for student awareness. Neal Drobenare is the new chairman of the executive committee and he is conducting the formation of the not-for-profit corporation. Neal has been a professional organizer for NYPIRG and MASSPIRG and done undergraduate research for clean water action suits. Mike Gurwitz is researching the lawsuits with Neal as well as researching lobbying tactics. Mike has been an activist for many years lobbying the Federal government on environmental and animal rights issues and organizing for groups concerned with these issues. Formation of the not-forprofit corporation will allow the students that are interested in litigating and researching environmental issues to gain some experience before and after the clinic becomes operational. Jennifer Latham and I are coordinating the campaign to establish an Environmental Law clinic at ÜB. Jennifer was a management analyst before coming to law school and I See Environmental Law, Page 11 REGISTRATION MUST BE RECEIVED BY 11/1/88.* —»MSM*— *9 WEF mKmWj m '^*^^ >�» WITH THE b■* M||A Hf pDP If M ■ ■ B8 I drfa ul All J||| ■■ M■ WHH I Hi I H HHHi nlffli 111 MM MUUU U *■ A 10 years (for the past 3 years ad infinitum) complain that the BASEMENT HAS GOT TO GO! Female students are especially concerned about this issue, but safety is a concern for everyone. Ever try going down to your locker at 11:30 p.m.? If something ever does happen in that basement, the University will be liable. The Administration might start with some de- The Opinion October 26, 1988 The Pieper Course Includes: Complete lecture series ft Essay writing Multistate Practice and Exam Multistate Professional Responsibility Emm (MPREJ Multistate Volume ft New York Law Volume Professional Responsibility Volume #u$ - Jb/w /n-Cta ft/a/a/a* *Law student's discount of $125 will be deducted from the cost of $995 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1988. F r m re information see y° ur Pieper Representatives or contact: ° ° pieper NEW york-multistate bar review, ltd. 90 WILLIS AVENUE, MiNEOLA, NEW YORK 11501 Telephone 747-4311 • The Bar Course That Cares. �Student Organization News Desmond Moot Court Competition in Full Swing by Peter Strong As any U.B. law student with a pulse knows, the Desmond Moot Court Competition is in full swing. The competitors are busy wading through the case law and tightening up their oral arguments. In theory at least, everyone should be breathing a little easier, having gotten over the hump of writing the brief, because now the fun of oral argument begins. Of course, this is just a theory .. The History of This Year's Desmond MootCourtProblem TheBoard thought this would be a good time for a general interest article on the history of this year's problem, which we feel is a real winner. I'm sure some of you have wondered where one finds a problem solid enough for 144 law students to bang their heads against. Well, the answer is, you don't you make one. At least, that's what you do if you care about having the best Competition possible. I'd like to introduce you to the Desmond Moot Court Problem Committee, which is headed up by Katie Baumgarten and Ken Yood. These two people, with the considerable assistance of faculty members and local practitioners, undertook to select and draft this year's problem themselves. I wish I could express how incomprehensibly difficult this task seems to me, but I can't do it justice. Writing your briefs was no picnic, I'm sure, but can you imagine how difficult it is to come up with a problem that is realistic, relevant, manageable, has two fairly-matched sides, and is interesting as well? And how does one choose between the many exciting areas of law? How do you decide what is perhaps too controversial a topic? And, most importantly, what if everybody hates it and blames you, but you really don't want to transfer to another school.? I interviewed Katie and Ken recently, to get their insights on this whole process, and I learned a lot. The problem was their project from the beginning; because Moot Court is a student-run organization, the Executive Board has an enormous amount of work to do just to organize the Competition, so — it delegated full responsibility to Ken and Katie. The positive aspect of this delegation, however, is that they had the control they needed to create a great problem. As you know, too many cooks spoil the soup, and that is why you never see statues of whole committees in city parks. Think about it. Why a Criminal Problem was Chosen Without trying to cast aspersions upon last year's problem, this year's problem does offer several big advantages. As Ken noted, last year's Church and State question was certainly stimulating, but was so broad that "competitors were force to run a four-minute mile in two minutes." This was particularly true in the oral argument stages. If this year's problem seems somewhat narrowly defined, it is unintentional. The purpose of Moot Court is, after all, to foster oral and written advocacy skills, not learn new areas of substantive law. Precisely for this reason, a criminal problem was chosen. Ken and Katie recognized that most second-year students have taken Criminal Law already, and therefore have some exposure to this substantive area. This puts everyone on a more level playing field, and enables competitors to concentrate on developing their advocacy skills. Another advantage of the criminal problem is that it has relevance to the type of work many of us will do upon graduation. While you may not do criminal work, you will almost certainly work with statutes. Unlike last year, a large portion of this year's problem is based in statute. This provides for excellent experience in statutory interpretation, or manipulation, depending on your viewpoint. Why These Particular Issues were Chosen A major advantage of the specific questions chosen, an accused's right to a grand jury hearing, and the adequacy of jury instructions, is manageability. The non-faculty judges of the competition, local members of the bar and bench, are more likely to be conversant with, if not expert in, these practical areas of' the law, than with broad social issues which are infrequently litigate. These is- sues involve real everyday questions of law. Consequently, the judges do not need to spend as much time thinking up challenging questions, and can concentrate more on judging your performance. You want this, of course, because the criticism they generally offer afterward is probably worth more than any other aspect of the Competition. Additionally, by choosing a well-defined prob- lem based in statute, the Problem Committee was able to reduce by half the material the judges need to absorb in order to participate. Also in regard to the specific issues chosen, various aspects of criminal procedure regarding grand juries have been hotly litigated in the recent past in Buffalo. Both questions reflect the Problem Committee's desire to have realistic issues relevant to the present times, issues which affect a significant number of people, either directly or via the media. As testimony to the realistic nature of the problem in general, both questions are reworked versions of actual cases. In fact, the jury instructions in the second question come verbatim from a case which was recently denied certiorari by the U.S. Supreme Court. The denial of certiorari, of course, does not reflect the Court's view of the merits of a case. In fact, a case upon which the Court had ruled would be inherently less balanced, and therefore less appropriate for the Competition's purposes. The jury instruction question is particularly interesting in that, as Ken and Katie noted, all the U.S. Supreme Court cases bearing on this issue were very close decisions. When one considers the fact that these slim majorities turned on one vote, the recent appointment of Justice Kennedy becomes all the more significant. The law continues to be in a state of flux in this area, with the appointment of new justices. Others Whose Help is Greatly Appreciated Professor Ken Joyce is our Moot Court Faculty Advisor. Both Ken and Katie emphasized that his continuous involvement throughout the process of the selection and drafting of the issues was invaluable. Katie noted that he was particularly enthusiastic about the criminal nature of the problem. Another key player was Mark Mahoney, a prominent local criminal practitioner and faculty member. Professor Mahoney was able to suggest a number of possible criminal issues from actual cases that he has been involved with. Ken and Katie then made their choices, with Professor Joyce's approval. Another professor whose guidance was very much appreciated was George Kannar, who teaches Criminal Procedure. He reviewed the draft of the problem and provided further editorial insight contributing to the realism on the organization of the problem. By working closely with practitioners and faculty members, the Problem Committee was able to ensure that the problem was the best it could be, in terms of having equally valid arguments on both sides, realism and relevance. These reviews by professionals also ensure that there are no booby traps, or unforeseen inequities in the breakdown of issues and case law. Katie in particular was instrumental in obtaining professional input, as she worked, and works, in a law firm in Buffalo, whereas Ken worked in Albany over the summer. Katie was therefore able to utilize the resources of the Executive Board and the law school, in addition to local practitioners. One such professional, Mike Stebick, an Assistant District Attorney with the Felony Crime Department of the Erie County D.A., was particularly helpful in presenting the position the D.A. adopted in the local prototype case. He has also assisted in lining up judges for the semifinal oral rounds. Hopefully, there will always be students like Katie and Ken, and interested faculty and practitioners, so that Buffalo law students can continue to be proud of the Desmond Moot Court Competition in the future. King Committees At long last the SBA will be hoiding hearings about the Special Program and Admissions Committees. Interviews will be held tonight (Wednesday), and all persons who submitted letters will be receiving interviews. By this time, all students having submitted letters, should have received an interview slot. Please come to SBA at 5:00 p.m. today if you feel there has been some mix-up. Since there are a few remaining vacancies, please stop by the SBA office and check out what's left. Appointments from now on will be made on an ad hoc basis. There is a vacancy open on the Main Street Day Care Center's Board of Directors. Sub-Board I appoints students to the Board positions. The Board meets once a month and there is occasional work that must be done as well. Anyone interested? See Barry McFadden, mailbox #167. Additionally, anyone interested in finally getting some decent daycare at . of state and federal regulators. As regulation tightens, companies are beefing up their own environmental law staffs." Opportunities for those committed to resource protection and environmental safety are growing as well. The Superfund cleanups, Citizen Action suits, safe energy development, and a wide variety of regulatory agencies provide a plethora of possibilities to lawyers concerned with justice and public interest law. The ELS hopes that those who join for the economic opportunity will be inspired to strive to save the critical balance of nature now in jeopardy. Two more projects that require immediateattention were presented to the ELS after its first organizational meeting. Kirn Fox, a first year student and staff member of the local .. Party The SBA will be having a Halloween party to raise moneyfor future activities around this place. Since Moot Court will be holding festivities during the weekend preceding Halloween, the party will be held Friday October 28. Be sure to schedule it in, after all, Halloween comes but once a year. There are a number of comabout accountability, and one possibility that will result from this meeting is that groups will receive half their funds in the Fall and half in the Spring. Don't wait to send a representative until after the decision has been made. plaints As a final note, the SBA is considering an increase in the mandatory student fee. This means that we may hold a referendum to raise the fee. The need for this is obvious. from page Citizen's Action Committee, re- break should contact Kirn at a ported that a leaky CECOS toxic waste dump north of Amherst is requesting permission to 1.1 billion dump another general meeting immediately. The second issue was presented by SBA director, Martin Coleman after he lobbied the Faculty Student Association to curtail the use of disposable styrofoam and plastic products on campus. Coleman attempted to make the Association aware of the health risks to workers during manufacture, the depletion of the ozone layer leading to the Greenhouse effect caused by the release of Chloroflourocarbons during manufacture, the waste of oil resources used to manufacture, and the non-biodegradability after manufacture of polystyrene and polyvinyl chloride. After Martin spoke to the Faculty Student Assoc, a spokesman for Mobil arrived to obfuscate most of the relevant facts. pounds of toxic chemicals. This dump is an environmentalist's nightmare because it sits on a marshy drainage area, it has been repeatedly cited for improper waste stress management, and it is the site of an incinerator for which improper management has even more deadly air quality implications than does normal use. The CA committee has been awarded pro bono work by Governor Cuomo in order to stop the dumping at this site. A prestigious Wall Street firm has been assigned to help Citizen's Action and any student interested in working with these attorneys after the Christmas 10 the Amherst campus? Please see us it's about time law students who are parents received the support thedeserve. Environmental Law worked on solar, wind and hydropower R&D. The clinic is important because it will provide continuity to the University of Buffalo's education of environmental lawyers, and will provide a much needed resource for this toxic infested region. Also, it will be a proving ground for environmental litigation, will greatly enhance the University's reputation, and it will provide students with tremendous career opportunities. On October 10, this year, the Wall Street Journal reported, "These are good times for environmental lawyers. After toiling at the margins of big-time corporate practice, they are catching the eye of corporate America, mainly because the pollution generated by corporate America is catching the eye from page 10 The ELS has obtained the fact sheet that the Mobil rep used and has requested a time slot on the agenda for the Oct. 25 FSA meeting. The ELS needs help organizing its presentation and a candidate to do the actual presentation. If you have relevant CFC information, if you have suggestions for the group, or if you want to help on any of these projects leave a note in box #755 or attend the general meeting Thursdays, 5 p.m. in the 4th floor student lounge. The present membership would like to thank last year's Environmental Law Society leadership for laying the groundwork and initiating the faculty contacts that have allowed such rapid organizational progress. October 26, 1988 The Opinion 11 �FALL SEMESTER DISCOUNT A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT HTITON OF $900 IX NEW YORK. $773 IN NEW ENGLAND AND $675 L\ NEW JERSEY. 415 SEVENTH AVENUE, SUITE 62 NEW YORK. N.Y. 10001 (212)594-3696 (201)623-3363 160 COMMONWEALTH AVENUE BOSTON. MASS. 02116 (617)437-1171 (203)724-3910 ? 1988 BAB/BRI 12 The Opinion October 26, 1988 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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The Conference was hosted by the SUNY Buffalo Faculty of Law & Jurisprudence, the New York State Bar Association International Law & Practice Section and the International Law Society at UB Law. The Conference is only the third of its kind to be held at a U.S. law school. The Conference started as the idea of third year law student Jennifer Krieger, who saw a definite need to bring international issues to the attention of students, faculty and practitioners. Ms. Krieger headed the student conference planning committee and Associate Dean Vir- ginia Leary provided faculty guidance. The efforts of many other students and faculty were involved and financial support was gratefully provided by law book publishers William S. Hem and Co., Inc., International Law ner with the Buffalo firm of mastered domestic law for three to five years before attempting a career in international law. He noted that one must be able to satisfy another person's non-marketing interests before being able to practice law abroad. If a lawyer Program I: Discovering Career participates in numerous Bar committees and organizations. Thefirst speaker of the morning, James Truman Bidwell, Jr., is a partner with the New York City Law Firm of White and Case, and practices corporate law representing both publicly and privately held corporations. Paths In International Law The moderator for this program, Ralph L. Halpern, is a part- Mr. Bidwell emphasized that it was important to have first lacks sufficient knowledge of the culture he or she is dealing with, Bidwell notes that they also may not be able to understand what constitutes good faith during a negotiation. Pamela Davis Heilman, is a partner with the Buffalo firm of Hodgson, Russ, Andrews, Woods & Goodyear. Ms. Heilman, a graduate of SUNY at Buffalo Law, specializes in mergers, acquisitions and international transactions. Ms. Heilman began by pointing out that each country gives lawyers different kinds of roles. Japanese lawyers, for example, have roles far different from those of lawyers in other countries. Ms. Heilman also noted that international lawyers deal in such areas as international taxation, immigration, trade and environment. Edgar H. Haug, a partner in thefirm of Curtis, Morris & Safford since 1982, has extensive experience in preparing and prosecuting patent applications in the chemical and mechanical Students Association, Council on International Studies and Programs (CISP), Mitchell Lecture Fund and Bar Bri Multistate Law Review. The Conference began with a welcome from Dean Filvaroff and an opening address by Dean Leary on "The Internationalization of Private Practice and Legal Education," which was the theme of the Conference. Retired California Supreme Court Justice and former Dean of the University of California Law School at Berkeley, Frank C. Newman, was the special guest speaker at a luncheon program in Talbert Dining Room. Justice Newman spoke on the relation of international law to a number of domestic and international political activities. Three programs dealing with various areas of international law were presented concurrently throughout the day and are detailed below. Jaeckle, Fleishman & Mugel, and formerly presided as President of the Buffalo Council of World Affairs. Mr. Halpern graduated cum laude from the University of Buffalo Law School in 1953 and currently Freedom Of Speech Canadian Style Should people who make hateful and racist public statements be subject to punishment for group defamation? In Canada, unlike the United States, they are. That was the topic of the 1988 Annual Mitchell Lecture which occurred on Friday, November 4th in room 106 at O'Brian Hall. by Alexei Schacht News Editor Callingthe day's events a lecture is actually a misnomer since there were in fact six separate people speaking at the day's colloquium entitled "Language as Violence vs. Freedom of Speech: Canadian and American Perspectives on Group Defamation." Co-sponsored by the Canadian American Legal Studies Committee and the SUNY at Buffalo CanadianAmerican Studies Committee, four of the day's speakers were from Canada while the other two were American. However, of regardless where they were from, the speakers presented varied and occasionally complex positions in what was an important and stimulating public discussion. Professor Kathleen Mahoney, of the University of Calgary in Alberta, in referring to the United States and Canada, said that her "task is to explain differences between the two systems." In some ways her analysis became a backdrop for the rest of the discussion. Mahoney claimed that "the politics of civil liberties are changing in Canada, evolving towards a more egalitarian society," while the United States, according to Mahoney, emphasizes "individual rights" in a way that may not be compatible with "equality." Certain groups are so totally oppressed and silenced that "free speech" may be meaningless to them. Accordingly, "Canada's rejection of the 'melting pot' idea in favor of a pluralistic 'mosaic' will result in a truly multilingual and multicultural nation where .. Counsel to the Canadian Civil Liberties Association, stated that while "freedom of speech is not and cannot be absolute it is the lifeblood of the democratic system." Mr. Borovoy asked rhetorically how one can make "a net" that will catch "racist invective" but not other more valuable speech. Mr. Borovoy, a charismatic speaker, objected to the Canadian anti-hate statute's language criminalizing the promo- arts. Mr. Haug began by pointing out that it would be a great idea to have a technical degree in the same area of patent law that one wanted to practice; he people can realize their own in- dividuality," Mahoney said. Moreover, because "freedom of speech defined by women and [people of color] looks different" than "free speech" by "the dominant elite," Professor Mahoney says, Canada's antihate laws are necessary. For instance, Hitler's hate propaganda drove reasonable discussion from the marketplace of ideas and helped lead, Mahoney implied, to the gas chambers. While Mahoney emphasized equality as the key to democracy, Alan Borovoy, General tion of "hatred" based upon race or ethnicity, as being far too ambiguous. However, Mr. Borovoy acknowledged the law's supporters' arguments that imprecise words are used but here, in many statutes with speech, our "grievance procedure is at issue." Thus, statutes that restrain speech ought to be more specific than — most. So too Mr. Borovoy felt that these laws would not even be effective in accomplishing their own goals. As proof of this, he cited the fact that there were (See Freedom of Speech, Page 5) noted that this was not necessarily so in the areas of copyright and trademark law. Haug emphasized that a sound Federal Practice background was necessary to be able to purse patent, trademark and copyright law, especially in the international sphere. Douglas I. Hague, an attorney providing corporate counsel to the Eastman Kodak Company, currently serves as legal advisor to US Marketing Groups and specializes in U.S. commercial litigation. Mr. Hague pointed out that one of the advantages of working for a large corporation such as Eastman Kodak is that one does business in a world class manner. Another advantage that Hague pointed out was that one can have a successful career in a corporation while still being able to pursue other priorities. Some of the disadvantages include the fact that lawyers are simply advisors in large corporations, that one must deal with those clients that come to the corporation and that firms are entities run by lawyers for lawyers. Mr. Hague continued to emphasize that one must be able to think in as well as speak two to three languages if one desires to practice international law at Kodak. Such knowledge is often critical in keeping the other side satisfied during and after negotiations. Hague concluded that being able to think in another language is invaluable experience when dealing with foreign clientele. Dennis Vacco, currently U.S. Attorney for the Western District of New York, graduated from SUNY at Buffalo law school in 1978 and then served as an Assistant District Attorney in the Erie County District Attorney's Offices for the next ten years. Mr. Vacco began by stating that, as a member of the U.S. Department of Justice, he works for the largest law firm in the country. With 93 attorney general offices throughout the United States, Mr. Vacco shares New York's area with three U.S. Attorneys. As head of the Western District of New York, his department oversees the four bridges to Canada, which over 30 million people cross each year. Some of the international issues that the U.S. Department of Justice engage in, according to Vacco, include residency status of immigrants, suppression hearings of testimony given in other languages, and indictments against suspected international drug dealers like Manuel Noriega. Vacco elaborated by showing how his job relates to Taxation (i.e. money laundering issues). Customs and Immigration, Subpoena Powers and a wide variety of other issues at theinternational level. A question and answer period at the conclusion of the See International Law Conference, Page 11) HIGHLIGHTS Student Opinions on Racism .... pages of The Opinion, numerous students have written on Runyon. racial incidents and the law. Clearly, a sign of the times. 3,6,9 Throughout this issue How Much Does Justice Cost? Although procedurally we all have the same rights, administratively the disbursement ofjustice is markedly different. page 7 �THNKUKE AUOVYER The Marino Method Listen up. You could learn and memorize even single piece of N.Y. & N.J. law. Ever>' statute, even' amendment, even case application. And still not pass the bar exam. M allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will prepare your own study guide; as you learn how to develop the kind ofresponses that will gain you critical points on the exam. Even if you don't know the applicable law or jp This interactive, student-involved approach is backed by Marino Books—the new gold standard ofbar review t%. mmmim ■mhhhj law and its principles. In other words, it's a test of your capacity to ■ Ir--" •S JBPHBHBffIB BiiiiHl mttm —luMiff ■■■ First, through all the law that's perti- Bl w***' I behave like a parrot who can take steno; Joe will distill this pertinent law down J to its essentials. And he'll teach you how >H to memorize them with total recall, using easy-to-learn techniques which have been refined and perfected tor over 4() years. Then he'll show you how to apply this law to actual problems, which are presented in the same way they will appear on the exam. This / The Opinion November 9, 1988 X 0 5^ The Method At Work. 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Unlike other p programs that bombard you witn ;U1 av 'danchc of printed mygHmm material, or expect you to J| ■ 2 . first name in Bar l—^——-—— J ***\? - ' 1-800-J-MARINO. �First Deputy District Attorney Discusses DNA Evidence (Frank Clark, First Deputy District Attorney ofErie and a 1967 graduate of UB Law discusses the pros and cons of DNA testing.) tion. The possibility of lifting a successful print at an average crime scene is only five percent. The blood and tissue type testing currently being used in theUnited States is inexact. The by Eric S. Katz key aspect of typing is an attempt to narrow the possible The new DNA technology is exciting many law enforcement personnel because it is more precise than the current procedures used in criminal investigations. The current fingerprinting and blood-tissue typing tests are limited in comparison to the DNA testing. The problem with the current method of gathering fingerprints is the inability to lift a print with a sufficient number of points suitable for identifica- pool of suspects. But identification based solely on blood sample was never possible, according to Clark's own experience. Typing gives you similarities, DNA not exactness. The technology will surpass the current procedures and replace similarities with exactness. This new technology is impressive. Crime fighters have become much more sophisticated in being able to find, de- Supreme Court's Stance Threatens Civil Rights by Martin Coleman Each successive Supreme Court possesses a vision of this country, framed by the political and moral views of thenine justices, which it infuses into the interpretations it makes out of the broad language of the Constitution and its Amendments. In the present term of the Supreme Court, there is clearly a majority of judges who speak the conservative tongue of the Reagan era "New Right". However, the recent Supreme Court decision to re-hear a landmark 1976 civil rights case, Runyon v. McCrary, presents Americans with a vision of civil rights for minorities that is anything but "New" or "Right". Runyon derives its constitu- tional force from the 13th Amendment's prohibition of slavery and involuntary servitude, via the vehicle of the 1866 Civil Rights Act. In debate, prior to passage of the Civil Rights Act, Lyman Trumbull, Republican Senator from Illinois, pleaded to those objecting to the Act, stating that most of its provisions: "are copied from the late fugitive slave act, adopted in 1850 for the purpose of returning fugitive slaves into slavery again. The act that was passed at that timefor the purpose of punishing persons who should aid negroes to escape to freedom is now to be applied by the provisions of this bill to the punishment of those who shall undertake to keep them in slavery. Surely we have the authority to enact a law as efficient in the interests of freedom, now that freedom prevails throughout the country, as we had in the interest of slavery when it prevailed in a portion of this country .." . The freedom that the Civil Rights Act sought to guarantee was that all citizens, regardless of race or color, "shall have the same right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and procedures for the security of person and property as is enjoyed by white citizens." All Americans would agree that they could not be "free" in any land where these rights are not guaranteed and enforced. Tens of thousands of early Americans, both black and white, who gave their lives in our revolutionary war with Britain attested to this truth with their life's blood. It is a curious paradox then, that those great guardians of the vision of America's greatness, the Supreme Court, with thebright exception of theWarren Court, should have been so sparing and even recalcitrant when it came to finding constitutional support guaranteeing these rights for AfricanAmericans. The present Court, by expressing an intent to hold that portion of the 1866 Civil Rights Act pertaining to private contractual situations unconstitutional, is no exception to this paradox. Such a holding would go farther than the Supreme Court in the late 19th century in limiting the Federal government's ability to remove the badges of slavery that prevented African-Americans from forming contracts because of the color of theirskin. Given the fact that this late 19th century Court was noted for its hostility to African-Americans in such cases as the Civil Rights Cases of 1883 and the infamous Plessy v. Ferguson, one might conclude that the present Court's constitutional wisdom is occluded by that same hostility, done one step further. tect, and isolate hairs and fibers. Traces of saliva, blood, skin, hair, and semen all contain the basic genetic code necessary to do the DNA testing. Deputy Clark believes that "As the technology becomes accepted in more jurisdictions and as the technology advances, I think that you are going to see this become something quite commonplace rather than unusual." The advent of DNA testing is expected to change many court room produces. Lifecodes Corporation, of Tarrytown, New York, a lab where much DNA testing takes place, has reported that a large majority of defendants tested by lifecodes pleaded guilty when faced with the results. For example, in a rape case, assuming we have a victim who reports the offense immediately and is thereafter examined: if the vaginal swabs extracted are of a sufficient semen sample, identification no longer becomes a question. It is as though that person left his fingerprint at the scene. The fact, according to the experts, is that DNA is singular, with odds ofabout 1 out of 33 billion. Remember, in criminal cases, proof need only be beyond a reasonable doubt and not to a mathematical certainty. Clark commented that he would rather trust genetic evidence, which is rooted in accepted scientific principles than "an eyewitnesses fleeting glimpse as a suspect runs by The precision accuracy of the DNA test is creating hardships for defense attorneys. It forecloses all of the latitude that a good cross-examiner has in calling into question the accuracy or validity of testimony. When Clark was asked how he would defend against DNA evidence, he responded, "What you have to do is become skilled in the science, so that you could actually create some doubt, either in procedure or manner in which procedures were performed. Unless you are successful in getting the test thrown-out you are dead meat." Clark believes that the use of this new technology should be used as a corroborating element and not just sole DNA evidence. "I would be reluctant to proceed with a prosecution when therewere possible alternative explanations. For example, if you were with your girlfriend and when you left her she was attacked, if after the attack we find a hair belonging to you should we prosecute? No, of course not. However, if we find a murder victim with skin under the deceased's fingernails then the possibilities are much narrower. However, in matters of first impression, I would prefer that there would be other evidence in addition to that of DNA, so that what you are really doing is not establishing the identity of the individual through the DNA, but rather that you are corroborating the other evidence that you have already gathered. Thus giving the courts a little bit more assurance that not only does the test stand on its own, but there is other evidence which is consistent with the identification evidence presented via DNA testing." Not only can this evidence convict, but it can also exonerate. The potential for exculpatory evidence is as great as identifying someone who has committed the offense. For example, in rape cases there are often mistakes in identification. Now we have the opportunity to establish to near certainty that the individual committed the offense based on the DNA fingerprinting. We have the ability to clear, as much as the ability to condemn. (Editor's Note: This is the sec- ond part of a three part series on DNA.) THE PASSWORD: 6or|>rr 41 S Seventh Avenue. Suite 62 New York. New York 10001 (212)594-369* (201) 623 MM MARINO COMPREHENSIVE NEW YORK PRICE COMPARISON Marino Comprehensive: One Course, One Price With Marino Comprehensive you'll pay one fee and that's all. There are no add-ons, no ancillary or material costs, no other courses to take or payments to make --just the most thorough and thoroughly successful bar exam preparation you can get, anywhere. MARINO BAR/BRI PIEPER Complete Program Yes $1075 No No Bar Course NY BarPass Review Yes Yes $995. Marino Plus Extra charge Specialized Essay Writing - Included Included Course Specialized MBE Clinics $1050. $225.00 Not offered. Average outside vendor cost: $300. Marino MBE Included Extra charge $125.00 Not offered. Average outside vendor cost: $125. Marino CPLR Yes Yes Full Refund Yes No Yes TOTAL (Cost or $1075.00 Specialized N.Y. Practice As a law student and a human being, I cringe at the injustice done to African-Americans by public and private acts of racism still very much evident 123 years after the Civil War. I want to look up to the Supreme Court for a vision of our country that recognizes our ugly blemishes and repudiates them strongly with the Constitution's grand declaration of rights. Instead I prepare to step into a legal career filled with cynicism and anger at a Supreme Court whose vision of our constitution appears to lead it back in time to a period of hopeless racism, rather than towards a future of true equality. on a dark and stormy night." Eyewitness testimony is often the least reliable testimony. Different people see things in different ways. Human emotions color what a person sees or what they think they see. Workshop Included Course Policy Complete Package) Discount - Discount Price $850.00 225.00 until Nov. 30 $1400.00 - 150.00 $1250.00 until Nov. 30 $1420.00 - 125.00 $1295.00 until Nov. I Note: For the purpose of price comparison, Marino Comprehensive, a program more complete than IiAU/fSlll or Pieper, has added to the base price of each of the latter the extra costs a student would necessarily incur in order to cover every aspect of bar preparation contained in Marino Comprehensive. Kor the summer 1988 bar exam cycle 70% of all nun-Marino Comprehensive students found it necessary to supplement their bar course with these extra courses. 115 East 19th Street, New York, N.Y. 10003 / 212-420-9800 / 1-800-J-MARINO November 9, 1988 The Opinion 3 �F~lMew York, New Jersey, and New England Students MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE „ II LIVE AT LAW SCHOOL 11, by Stan Chess people take BAR/BRI than take all other bar Iflore review E courses combined. And more people take BAR/BRl's course on the Multistate Professional Responsibility Exam (MPRE). 1 wAn li / (( I 1 For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the MPRE, all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). M /\1I ill /\ LLi . IIL o3T- XI NOV. O #■% + HO A *\ DM A. KIVI Ifc INUUIN " H" Ji RCjC3l\/l II I IVvm Mm j a^ Ofi VW rIT'S H M 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696'(516)542-1030 •(914)684-0807-(201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617)437-1171 NOT TOO LATE TO WITHOUT LOSS OF So, you've made a mistake. If you were lured into another bar review course by a sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check with an affirmation that you have not and do not anticipate receiving a refund). You will receive a dollarfor dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 The Opinion November 9, 1988 # 1 he Nation's Largest and Most Successful Bar Review. J ))\C I I rT^X"^ Aj jh SWITCH ID PIEPER DEPOSIT. 4 ~ ~"~——^— I II I I I I I �Special Needs Committee Issues At The Forefront by Betsy Bannigan By writing this article, I hope to spark student awareness concerning the formidable barriers that are confronted daily by students with learning and physical disabilities in our law school. In order to gain a greater appreciation of the burdensthis school imposes, I urge the student body to read the final report and recommendations prepared by the Committee for Law Students With Special Needs. The report is on file in the law school library. For now, I will briefly touch upon someofthesetroubling issues. Persons with physical and learning disabilities should be able to reap the full benefits of a legal education. Is this possible when a visually impaired person is forced to fall behind in class readings because the materials cannot be enlarged in timefor class discussion?Is this possible when those students in wheelchairs are confined to the back ofevery lecture hall on the first floor, thereby limiting social interaction with peers and preventing them from approaching instructors with questions after class? Is this possible when oncampus transportation is so inflexible with its services that mobility-restricted students are forced to adhere to a rigid schedule, thus impinging on social activities and the need for extra research or study time in the library? Is this possible when disabled law students are forced to occupy dorm rooms amidst a sea of boisterous undergrads in the Ellicott Complex, due to a lack of accessible rooms on campus? These conditions are clearly not conducive to the proper study of law. Unfortunately, the list goes on. It evokes a seemingly endless array of obstacles for students with disabilities. As stated by Professor Engel in the Committee Report, "Where barriers are removed and integration is achieved, the perception of handicap itself is frequently reduced and those who were formerly considered incapacitated are accepted as individuals on their own terms." We should all bear in mind that a vast majority of handicaps are societally caused, (i.e. . from page 1 Freedom of Speech over 200 prosecutions for the promulgation of anti-Jewish hate messages in pre-Nazi Germany. Mr. Borovoy suggested that the objection to speech could be fought in the political arena. While the views presented were many and varied, two brary comments in particular, during the question and answer period, cut to the heart of the matter. Professor Victor Thuronyi, of Buffalo Law School, asked, "Does the law have any practical effect?" The importance of the question was that it pointed out that no one, to this writer's mind, had clarified what the purpose of theseanti-hate laws actually is. The second comment showed that the two main sides in the discussion for and against — persons with disabilities have become less "handicapped" in today's society as a result of modern technology). It is a disgrace that such students once again become more "handicapped" as they try to make use of the facilities in O'Brian. In fact, persons confined to wheelchairs cannot even freely enter these hallways due to the absence of an accessible entrance. innovations Technological make it possible for those with special needs to participate in and benefit from regular educational programs. Unfortunately, this school is drastically "behind the times" in providing such innovations and services. For example, various computers, modified to assist persons with disabilities, can be found in other buildings within the University, yet none can be found in the law school. Those pieces of equipment that the library and law school do have in their possession, such as the VISULTEK reader, are sorely out of date and in dreadful condition. Obtaining such items as li- — the group defamation laws were talking at cross currents instead of to each other. Professor Isabel Marcus, of the Buffalo Law School, pointed out that the law's proponents contextualize the experiences of women, people of color, and other marginalized persons who are oppressed by unfettered "free speech;" while its opponents meet them with traditional white male liberal philosophy. Clearly this is a discussion that needs to be continued. equipment, building modifications and housing and transportation services requires substantial time, effort, and funding. It is therefore necessary that the faculty and administration, as well as the student body as a whole, help support these endeavors. While the overall picture is a dismal one, theCommittee was able to make substantial progress in modifying students' academic programs for purposes of in-class instruction and exam taking. Such modifications included: enlarging materials, obtaining permission to tape classes where professors traditionally had a policy otherwise, providing time extensions for exams, recording and transcribing exam responses, and providing readers. Special services are necessary to provide for students' unique educational needs. Based on the past record, this law school's policies and practices for meeting the varying needs of the disabled have proven inadequate. The Committee has taken great strides to ensure that these inadequacies do not go unnoticed. At the October 14th faculty meeting, Professor Engel presented a number of the Committee's findings. The faculty members were visibly disturbed by these findings as anyone who reads the Committee Report will be. At this meeting, Wade Newhouse spoke of the "monstrous insensitivity" of the law school. While it is undeniable that this law school has been unsensitive to the needs of the disabled in the past, it does not have to continue along the same path. Our perceptions and attitudes must change, for this is a re-education process for us all. Aggressive efforts by everyone are needed to force the administration to provide sufficient services and make the necessary modifications. UB Law School prides itself on its progressive attitude toward those persons who have been historically discriminated against. Isn't it about time we start to advocate for the rights of the disabled?course — \B/hy Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR/BRI refuses to play this game. We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR/BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. ( m (212) 594-3696 "Where professional responsibility is more than just a course,"™ November 9, 1988 The Opinion 5 �OPINION STATE UNIVERSITY (IF NEW YORK liISST AT BUFFALO SCHOOLOF LAW November 9, 1988 Volume 29, No. 7 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Lenny B. Cooper, Eric S. Katz ' Contributors: Betsy Bannigan, Martin Coleman, Dennis Fordham, Jennifer Latham, Jim Monroe, Troy Oechsner, John Wenzke. © Copyright 1988, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. Hie Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorials: Practitioners/Employers Should Move Beyond Old Rhetoric It is quite disturbing to work as a law clerk throughout the school year for either the experience, or as a financial supplement to housing/educational expenses and get paid less than a hamburger maker at a fast food restaurant. Legal practitioners should be ashamed of how badly they pay for services rendered by law students. Law students should not have to work for minimum wage as part time law clerks. There is absolutely no justification for the low wages paid to law clerks. Most practitioners make law students feel as though the practitioner is doing the law student a service. A quite common response to any disagreement over hourly wage or weekly salary will most likely be ended by the practitioner's emphasizing the "valuable experience" that the law student is gaining. Legal education today is extremely costly. Books are high priced and coupled withtransportation costs and educational expenses they can bring a substantial financial burden to even those attending low cost public law schools. Gone are the days where an apprenticeship at a law firm sufficed to take the bar exam. The low wages may have been justified by the valuable experience that was gained. Today is another story. It is quite unbelievable that sole practitioners and law firms today use the outdated "valuable experience" argument to substantiate the gross underpayment of law students who work as part time law clerks throughout the school year. Although there are overhead costs incurred by the practitioner/employer upon hiring another staff member, this cannot substantiate the minimum wage or even the five or six dollars per hour paid a law clerk. Especially since the law clerk's hour is billed to the client at an average of $45.00 to $75.00 an hour. Clearly, the ability to "think like a lawyer" should be more valuable, salary wise, than the ability of a hamburger flipper with no college degree. A wage standard should be set by the American Bar Association, New York State Bar Association or the Erie County Bar Association whereby law students working as part time law clerks throughout their legal education are paid a certain percentage oftheir respective billable hour. The Runyon Signals Disturbing Retreat Dear Editor: In April, 1988,while considering the Patterson v. McLean Credit Union case, theSupreme Court of the United States, on its own initiative, decided to reconsider its decision in a landmark civil rights case, Runyon v. McCrary. This action by the Supreme Court is problematic for several reasons. In Runyon v. McCrary, the Supreme Court held that section 1981 of the Civil Rights Act of 1866 was violated when a black child was denied admission to a private school because of race. This landmark precedent establishes the purview of the Act, i.e., its applicability to private (as opposed to statesanctioned) acts of discrimination. That African-Americans are subjected to both private acts of discrimination, as well as state-sanctioned acts of discrimination, cannot be seriously questioned. Nor can it be denied that state-sponsored racism has contributed to the shaping of a national attitude of racism towards AfricanAmericans. Thus, the Runyon Court recognized that public policies designed to eradicate racism should be given expansive interpretation if such policies are to extend necessary protections Without a doubt, the Supreme Court's decision to re-hear dents such as that related in this issue of The Opinion con- cerning the readiness of a group of whites to "jump" at the mention of the word "nigger." Clearly acts such as the one encountered by law students while at Anacone's Grill are substantiated by the absence of a defined policy by the Executive and Judicial branches of our government in protecting the rights of all Americans. A faint glimmer of hope in this regard came from Justice Anthony Kennedy's keynote speech at the Hispanic Bar Association's 13th Annual Conference in which he stressed that "the only way in which we can make sure that we have equality in this country is to promote equality in the legal profession." 6 The Opinion November 9, 1988 K. L. Jackson Buffalo, N.Y. Students Affirm Stand Against Racial Violence Dear Editor: A few weeks ago an ugly disturbing racial incident took place in Anacone's, a local drinking establishment familiar to law students. As a group of individuals present that evening, we would like to share our tively identify the people in- volved, the police dispersed the crowd. Although two car windows were smashed, thankfully no one was hurt. That night we witnessed a blatant display of white racism. The exchange which occurred was one small step away from being a violent race riot on the streets of Buffalo. It was but another demonstration that racism is alive and well and that it takes very little to bring it to a boiling point. Being in law school can be an isolating experience. We speak out today because we feel it is important to condemn such events when they occur. It is imperative that we not sit back and close our eyes to the realities of our society, especially those of our local community. experience. A white male patron came in the bar screaming that a "bunch of niggers" were outside harrassing white women. The events which precipitated this display were not clear to us. Something occurred between one or more black males and one or more whitefemales. Perhaps there was a misinterpreted look, an exchange of words, or real or imagined hostility. What followed, however, is crystal clear. The majority of the people in the bar (ail of whom were white) rushed out in an excited frenzy, screaming racial slurs. The blacks allegedly involved in the initial incident had, fortunately, fled. The mob that gathered was met by the Buffalo police. Unable to obtain any witnesses who could posi- Nathaniel Charney, Karen Comstock, Frank Herdman, Audrey Miller, Lisa Morowitz, Troy Oechsner, Chris Reo, Pat Ryan, Mark Schlechter, Suzanne Sullivan, Kathleen Welch, John Wenzke, Rebecca Weston NOT Q US © THIS W££k : THE ( r-\ \£j V\rOY/i/ L/ / S 1\ n iH 1H ' \ ea £SoTB.fitC. /FOR £*ample, "f>/£ \^^J^\ #?} 1. ( L,, ) Social causes QEH/hd hr^^-r^^^-\)l u , l&s*, \ DVfliA'G INTERVIEW, n*rtir —~- C 1 I A \ ( QVr\inC t»T£fi\H£ui Hpl \ \ \ / FIT In. \ ~° \JtaW ) y-y\\l xj I INTEREST INTERVIEW ) THonovGHiy Read Si*/c£*E PLATO, /v\A*X, FovCAULf... LOOKING ZXPfiess/O/S / H&V/ELO fROF. 8 Li/fit's \ N ores if you took H\s CL **s! if not, rne/J ) ( / Botßoio A F*tE»D* A/ores ( e>»T SINCERE LOOKWO $100 SO/T. \ sow ne Ft /*vsr. ( \ PUBLIC ( BOY Buy ooTDfiTep IDEALS. To this end, the Erie County Bar Association and the Minority Bar Association is in the process of concluding their report concerning the under representation of minorities in private practice. We await to see the implementation of the ECBAMBA Task Force. We encourage the legal community of Erie County to take a bold step forward in promoting equality in the legal profession. reconsider Runyon v. McCrary. Surely the Court has not opted to "reconsider" Runyon to expand the protections afforded by the Civil Rights Act of 1866. The Rehnquist Court obviously intends to circumscribe those protections. Such activism on the part of the Supreme Court would amount to judicial legislation, an illegal function in a nation which is supposed to subscribe to a strict code of separation of powers. years, now exists. One is left to ponder two aspects of the Supreme Court's actions: timing and legality. At a time in which Reagan-conservatism has swept the country, one would hope that civil rights gains would be strengthened to insure the protections that they are supposed to afford. The Court's actions indicate that this is not the case. One must also question the legality of the Court's decision African-Amer- to to ity necessary to overrule Runyon, and to roll back the various civil rights gains made in recent icans, and to accomplish their stated purposes. When viewed in context, the Supreme Court's decision to review Runyon signals the Court's intention to retreat from the previous strides made in the area of civil rights law. The applicability of section 1981 to private acts of discrimination was never raised as an issue in Patterson v. McLean Credit Union. The Court purposely chose to make this an issue to facilitate a review of its decision in Runyon. With the ascent of Anthony Kennedy to the High Court, the conservative major- On Race, Racism and The Law Runyon is quite disturbing. It's equally disturbing when inci- Mailbox Opinion \ W *' £ 11 r , ~, A>£y»/vs J) \"*)n show Devotion to «/**/*£/ \)£ CA Llve . fiKw's /\/f|, c ,» pt/*£/C INTBAEST AND o\ A S£CO/>i£- ANOTHER SELL ovTf" * / ( c/r/ l r urr«««. , Y °** *l*>ace! /A/ fje J At w/AJf/n /aa/otwc* ) """— § i P*r/viE Ex/mPIE r SAVE TUB T»», UrfiNT TO - SO wIU CHANGE TUB SViTEM AA/P -yUSTICC (MSTC VIT TO THEtR FRVtTtDfS] </ �Does The Legal System Aid The Cause Of Justice? In his book Reversal of Fortune, author Alan Dershowitz tells the story of the lawyer who has won an appeal, and wires the news to his client. "Justice has prevailed," the lawyer indicates. The client wires back, "Appeal immediately!" by Andrew Culbertson Features Editor Jokes aside, does justice ever actually prevail? Better put, in a society whose motto is "truth, justice, and theAmerican way," is justice more often than not a product of idealistic think- — — ing? In a criminal justice system which adheres to such devices as plea-bargaining and the exclusionary rule, coupled with varying levelsof defendantrepresentation, the answer is more often yes than no. Dershowitz, a law professor at Harvard, as well as one of this country's top defense attorneys, has defended the likes of Harry Reems, the porn star who got into trouble for his role in Deep Throat, and Claus yon Bulow, the Danish socialite accused of killing his heiress wife. In Reversal of Fortune, which discusses Dershowitz's defense of yon Bulow, Dershowitz reveals that, for better or for worse, the difference between winning and losing a case rests not on the facts of the case itself, but on the facts which the jury is ultimately permitted to hear. As he puts it, "A legal case is like a long unedited film containing thousands of frames, only a small portion of which ultimately appear on the screen as part of the finished product. The role of the legal system police, prosecutor, defense lawyer, judge is to edit the to determinewhat for trial: film is relevant for the jury to see, and what should end up on the cutting room floor." In short, justice is extracted evidence from whatever — — doesn't end up on the "cutting room floor." When the "founding fathers" wrote theConstitution, specifically the Sixth Amendment (the right to a trial by jury), could they ever have imagined such things as plea bargains and exclusionary rules? More likely than not, their conception of justice did not envision either creation, let alone the need for a "cutting room." As one takes a careful look at the criminal justice system, he or she immediately sees two problems that are constantly being dealt with: efficiency and economics. In order to promote efficiency, justice has suffered, and, due to the economic nature of the system, justice has simultaneously become a bargained for commodity. At its most extreme, the exclusionary rule can prove to be incredibly unjust. Briefly stated, the rule provides that if evidence is obtained unconstitu- NLG To Press For FSA Grape Boycott At the October 25 meeting of the Faculty Student Association, Marcos Zuniga and over a dozen other members of the NLG asked that UB join the grape boycott. The FSA is a state-chartered non-profit corporation which runs all food services on campus. The FSA refused to endorse the boycott, but said it would consider the matter again at its November meeting. It won't wash. The California table grapes you eat are infested with pesticides which are killing you and thefarmworkers who harvest them. Carcinogenic pesticides such as Dinoseb and Captan are sprayed on grapes and absorbed into the plant. And these pesticides won't wash off. Nevertheless, the Environ- mental Protection Agency continues to allow the use of more than a dozen deadly chemicals at hazardous levels. For example, the EPA has maintained tolerance limits of 50 ppm which is the highest allowed tolerance level in the world. (Compare Canada's limit of 5 ppm). The current United Farmworkers Grape Boycott isaimed at reducing the dangers of pesticides to farmworkers and consumers. The UFW boycott has four goals: 1) Freeand Fair union elections for farmworkers; 2) A ban on five of the most toxic pesticides; 3) Joint UFW-grower testing for pesticide residues on grapes in groceries and public release of findings; 4) Good faith bargaining by growers. The boycott targets the large corporate California growers who have used their wealth to manipulate government regulation and violently crush farmworker efforts to build a decent life. Cesar Chavez, the UFW president who is over 60 years old, nearly died in a recent hunger strike aimed at building the cause for the union's boycott. The National Lawyers Guild, along with progressive and unions organizations around the country, is fighting to build support for the grape boycott. We at the NLG hope that all UB law students will support the grape boycott. Troy Oechsner National Lawyers Guild Member LaSalle Area Targeted For Toxic Waste Dump Site by Jennifer Latham and Jim Monroe CECOS International, Inc. has applied for a permit to build another potentially problematic hazardous waste landfill which will involve approximately twobillion pounds of toxic waste. The recommended site, in the LaSalle area, will contain 130 times more waste than Love Canal and sits on permeable dolomite. The LaSalle dump site is crossed by six swales which are potential funnels to the Niagara River and LaSalle's neighborhoods. residential Two running streams, Pike Creek and Tuscarora Creek, THE ENVIRONMENTAL LAW SOCIETY PRESENTS Tim Eder Field Coordinator for Great Lakes United He will be discussing the international legal aspects of water pollution of the Great Lakes. Wednesday, November 9th at 2:00 p.m. 4th Floor Lounge **Bring Your Lunch!** flow out of theCECOS' complex and, coupled with a perenially high water table under permeable dolomite, conditions are ripe for the spread of toxics to the six thousand children attending the eleven schools located within one and one-half miles of the hazardous waste site. "The technology being used in the bed liner design will eventually leak and by all government estimates it will begin leaking in less than 50 years." Niagara County contains 68% of all hazardous wastes dumped in New York and the new facility that CECOS proposes is five times as large as any of its previous five dumps. The technology being used in the bed liner design will eventually leak and by all government estimates it will begin leaking in less than 50 years. Three of the original five CECOS dumps are suspected of leakage. The exact source of the leakage is suspect because a nearby DvPont dump leaks into the same area. However, there is no reason to believe that some leakage is not occuring at the CECOS site and the government is investigating 27 areas on the 385 acre complex. CECOS has been fined fourteen times from 1981 to 1986 and recently has been fined $35,000 for violation of government regulations. Many of these fines are due to the releases of toxic chemicals while loading and unloading waste. Niagara County has been issued an interlocutory injunction to stop the building of this new site. Citizens Action has joined the suit and requested the help of interested law students. A group of concerned students was asked to gather information to fairly assess the risks of transporting hazardous waste in Niagara County. Hearings began last month and will continue at the Hotel Niagara on Tuesday, November Ist. The hearings are open to the public. Further information will be included in the next issue of The Opinion. tionally, the evidence, no matter how incriminating it may be, will generally be excluded from the evidence presented at trial (it should be noted that this is a very simple description of a very complex issue). What the rule does, in effect, is deprive the jury from seeing evidence that might be instrumental in proving a defendant's guilt. To this extent, it's possible for a culpable defendant to go free due to the inadmissibility of incriminating evidence. The rationale behind this rule is that it prevents law enforcement officials from infringing upon a person's constitutional rights. In effect, holding the exclusionary rule over the officer's head acts to deter unconstitutional conduct on the part of the officer. While the deterrent effect of the exclusionary rule is arguably substantial, one must question the correlation between the violation and the penalty. Instead of directly punishing the law enforcement official responsible for the violation, the rule punishes society (by releasing, in many instances, culpable defendants), and does very little to serve justice. Potentially, there are other methods which might be used to deter unconstitutional activity among law enforcement officials (i.e., monetary penalties). While any surrogate method would have its problems, it's hard to imagine any problem worse than letting culpable defendants back onto the streets. Another creature of efficiency is the plea-bargain. Because the criminal justice system is in a perpetual state of backlog, our society has found it necessary to compromise the Sixth Amendment right to a trial by jury. The rationale is that since court-time is so sparse,the way to remedy the problem is by offering defendants the opportunity to plead "guilty" in exchange for a reduced sentence. In this instance, thefilm never even makes it to the "cutting room." Not only does the plea bargain work to deprive defendants the right to be tried by a jury (although the decision on the part of the defendant to plead is "voluntary," there have been many cases in which the decision has been made ignorantly), but it has also allowed guilty defendants to serve grossly reduced sentences for very serious crimes. At their best, plea bargaining and the exclusionary rule function as necessary evils. In a society where court time was plentiful, and law enforcement officials not susceptible to human nature, there would be no need for either creation. Unfortunately, this imaginary society is as Utopian as the notion of pure justice itself. While the plea bargain is as much a creature of economics as efficiency, the true economic bias of the legal system is seen clearly withinthe private sector. Guilt or innocence, in many instances, is directly related to a defendant's financial state. With this in mind, Dershowitz is quick to point out that if yon Bulow had been indigent, he would most likely be in jail. At his first trial, although adequately represented, yon Bulow was easily convicted. As it turns out, his chief attorney for the first trial (Herald Price Fahringer, a UB Law School graduate), did a less than adequate job of investigating certain facts, and took for granted many of the facts presented by the prosecution. Yon Bulow then hired Dershowitz, who used a team of student investigators to uncover new facts, while simultaneously debunking some of the facts that the prosecution had presented at the first trial. Yon Bulow also hired several expert witnesses to testify on his behalf. Ultimately, yon Bulow's attorneys, in preparation for the second trial, were able to "re-edit" the "film" that had been shown to the jury at the first trial, adding facts that were crucial to establishing his innocence. Obviously, these types of resources are not available to most defendants. In many cases, defendants are lucky if they receive adequate representation, let alone high priced attorneys and expert witnesses. In at least some cases, further investigation is required to produce facts pertinent to establishing the guilt or innocence of a defendant. The question is: how does this affect the outcome of justice? I think it's fairly clear that the fewer facts a jury is presented, the higher the probability that justice won't be served. There is an old parable about the client who asks his attorney how much his fee will be. The attorney replies, "Well, just how much justice can you afford?" In the realm of the criminal justice system, it is obvious that justice is obtained a high price. On the one hand, it is a price that the government isn't willing to pay. On the other, it is a price that the average defendant simply can't pay. Phi Alpha Delta Law Fraternity International Announces Its Fall 1988 Initiation Come find Out What P.A.D. is all about Thursday, November 10th in Room 106 at 3:30 Guest Speaker: Dave W. Wilson, District XXI Justice (A Public Service Announcement by The Opinion) THE PASSWORD: Need Briefs, Memos, Seminar Papers Typed? LEGAL SECRETARY WITH 15 YEARS EXPERIwill do typing in ENCE Clarence home. her Reasonable rates. Call Cheryl at 741-2519. — 41$ Seventh Avenue, Suite 62 New York. New York 10001 (212)i94-}696 (201) 623-JJ6J November 9, 1988 The Opinion 7 �The Kaplan-SMH Approach I I Comprehensive Texts 44 Your written materials are concise, complete, easy to absorb, and I Expert Lecturers HI found your thorough, .jfiSSi fe^ no-nonsense teaching never superfluous. J) „/»■*"«» The Kaplan-SMH Approach L \ ■ concentration on {w\W Wm\ %I test-taking spelled £/*e difference. J)- r* X W* V I hIKAPLAN-SMH IBAR REVIEW SERVICES ■ ITTB STANLEY H. The Kaplan-SMH Approach I I Question Practice 44 I saw some of your competitors' products, and honestly, all they have is substantive law. The "practice" element on questions is missing. J9 I / II ■■= \ I /I KAPLANSMH I PiIBAR ■ M STANLEY H. ' REVIEW SERVICES The Kaplan-SMH Approach I We Put It All Together 44 The course was well structured and sensibly paced . . ..W -—~~~~ NA/ED^ 1 ——" —7 I I ~~26\ QueS f V aSed "Po n I —— \ to^ilL— 4—— ?7l m 8 7\ 1 ___ \V-B 1 — —— 4 61 M KAPLANSMH I I M I BAR REVIEW SERVICES ■ IBAR REVIEW SERVICES ■ ET RTTB STANLEY H. (800) KAP-PEST (800)343-9188 8 The Opinion November 9, 1988 I H M STANLEY H. STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 ssOC �Jessup Moot Court Team Prepares For Competition This year's Buffalo Law School Philip C. Jessup International Law Moot Court team has been announced. Second year students Nan Klingman, Todd Williams, Margaret Barton and Daniel Menscher will be the school's competitors while third year students Kimi King and Jennifer Krieger act as coordinators. Troy Kelley, also a third year, will be a supervisor and alternate oral advocate. ternational Monetary Fund, and by the Legal Affairs Counselor from the Soviet Union's Mission to the United Nations, involves a diplomatic immunity defense used by an ambassador charged with a narcotics violation. by Alexei Schacht News Editor The 1988Jessup Competition is the 28th annual of what is now the largest Moot Court competition in the world. Buffalo Law School's team will compete in the United States Regional competition in Boston in February. If they do well enough they will advance to the National finals in Washington, D.C. and finally on to the International finals at the Hague in front of the International Court of Justice. This year's problem, created by an attorney from the law firm Milbank, Tweed, Hadley & McCloy, a member of the faculty at the London School of Economics, a lawyer at the In- Since many schools that compete in the Jessup Competition take a "course" in the Jessup, they get both actual international law training in preparation for the competition, and academic credit. The Buffalo team, described by Troy Kelley as "the strongest team ever" from Buffalo, will be aided by four members of the Buffalo Law School family in an effort to better compete with the aforementioned schools. In this vein, the four people will teach four separate mini-courses in relevant areas. Assistant Dean Virginia Leary will teach general principles of international law; Law Librarian Nina Cascio will teach international legal research; former Jessup Board member Susan Collins will bean oral advocacy coach; and former Board member Peter Baxter will teach fundamentals of international law sources and litigation. As a result, this Buffalo team, according to Kelley, will be "more prepared this year than ever before." Bon chance Buffalo Jessup Moot Court Team. Anacone's Grill Site Of Racial Controversy by John Wenzke Friday October 14th did not start out any different than usual. A group of us planned to meet at one of our favorite watering holes, Anacone's Bar and Grill. The plans were not un- usual: a game of pool, esoteric conversation, and inexpensive pitchers of Molson's. This simple tranquility came to a shattering end when the bar emptied at what first appeared to be a brawl taken outside. Although curious about the "activities," a friend convinced me to ignore thetemptation of the crowd and continue in our conversation. A short while later a fellow law student told me that I had better come outside because two windows in my car had been broken. Exiting the bar I noticed the crowd that had gathered was large and angry. Needless to say, I was pissed. The police had two or three black kids in custody who I was led to believe broke the windows. As I headed for the police car to tell them to bust the kids, the crowd shouted a barage of racial slurs and foamed with bigotry. The only witness to the crime was a young woman who, possibly having been threatened, may well have been a victim. I asked her if she could identify the kids who broke the windows. She said "I don't know, they were just a couple off g niggers. They all look alike." Clearly, no reasonable identification could be made. Calm eventually prevailed after several bigots faced off with the cops. They made it clear, in no uncertain terms, what they were going to do to the "niggers". I cleaned my car and went back into the bar. Looking around I noticed that there were no black people in the bar. I never saw people of color there. The other faces were all familiar, but now they were all alien. I had previously never heard them scream about the "niggers". As I spoke to several of them over the next hour or so, I was appalled at the degree and depth of the racism and hatred. Anacone's is no different than any other bar. You see the same faces everywhere. It was just that on this one particular Friday night, theracism was out in the open. Some kids were out in the streets with nothing better to do and they ran across some bigots looking for an excuse to hate. The bad met the ugly. I can't help but laugh at myself for having thought that things have changed more than they have. Racism affects us all in negative ways. It may be through the traditional understandings of the degradation of a race: lynchings, discrimination, slavery, etc. But similarly, it affects all of us through either broken windows or the sterility of a homogeneous culture. This sterility pervades bars and most other forms of social gathering. Clearly, racism's To compliment the discussion on racial violence, the Editors have decided to reprint the article titled "Reality of Racism as a Criminal Act: Impact on a Legal Career Decision", The Opinion, March 16, 1987, written by Daniel Ibarrondo as a contributor at the time. First Year Exam Blues? Feeling Lost and Confused? Need to Put Things into Perspective? You are not alone. Phi Alpha Delta Law Fraternity International invites you to watch our video titled "Law School: Make it a Positive Experience." Come find out what your teachers expect from you and learn how to avoid First Year Trauma. Today! Wednesday, Nov. 9th in Room 210 at 5:00. (A Public Service Announcement by The Opinion) most devastating effect is in the flames of hatred and fear itfans. Having had one bubble of hope popped, I can only pray that the degree of racism in thisartificial environment known as law school is nowhere near as severe. This article has been a personal note because it is my belief that the only way to cure this social ill is if we all de- nounce it when it occurs. There are certain times in life when we simply have a duty to speak up and be heard. This is one of those times. Reality ofRacism as a Criminal Act: Impact on a Legal Career Decision by Daniel Ibarrondo In the summer of 1979, a Puerto Rican youth with a history of mental disorder was pumped with 16 bullets by four New York City police officers. Each police officer shot four bullets into this young man's body because he attacked one of them with a pairof scissors. I was a pre-medical student at the University of Puerto Rico before arriving in the United States in 1978. My intention was to continue medical studies at Fordham University. The above incident was a turning point in my career decision. My counselor at Fordham University couldn't understand my reason for a career change after examining what appeared to be a promising future in the medical profession. Not knowing the Puerto Rican situation in the mainland and having been confronted with news stories such as the above, reality dictated that police officers, and not cancer, were the major killer of my people. The headline news in the New York Post and local Black and Hispanic newspapers continued with stories such as the death of Victor Rhodes, a 16-year-old stomped into a coma by Hasidic students in Crown Heights in 1978; the death of Arthur Miller, a civic leader killed by police officers in 1978;the death of Willie Turks, a Black transit worker killed in 1982 in the Gravesend section of Brooklyn by white youths; the Eleanor Bumpers case; and the stabbing of Gary Moy, an Asian man, by white Brooklyn youths earlier last year. I decided that the study of law was necessary in order to protect my community against police brutality, racial violence and discrimination. The study of law would also protect me against injustices that I have personally experienced. I thought the study of law and the isolation that Buffalo provides would give me the peace of mind to contemplate on these matters and the plight of the Puerto Rican community. However, I found myself a vie- Tim of the racist attitudes of two Buffalo police officers in a trumped-up traffic violation. I think they must have just finished seeing the movie "Soul Man." The incident haunted me well into the week before finals when the matter was adjudicated with a prefabricated guilty sentence. As I sat in the waiting room after the verdict was made, it dawned on me that lawyer or not these incidents will not cease to happen. There is no justice; it's just us! In the Law School itself I realized that racial divisions and racial graffiti in the classrooms and bathroom stalls will not end. The anxiety of first semester exams culminated with the news of the death of Michael Griffith in the Howard Beach section of Brooklyn on December 20. I wondered whether New York State legislators and government representatives in Washington, D.C. are aware of the Buffalo Model. Do law courses exist in how to protect oneself against racial discrimination and violence? Fundamentally, racism and discrimination could not be maintained except through enforcement by the government. This concept may be difficult to understand because we view the government as an entity with a potential force against discrimination. Some may argue that the times have changed and the situation is no longer the same given the many social and economic reforms that have been made in the last 25 years. It hasn't changed much; it's the same problem wearing a different dress. I believe that racism should be outlawed. While the social and economic reforms have been beneficial, it is also necessary to change the law to adapt to socioeconomic changes in our society. Many forms of discrimination are illegal, but not felonious. Nobody has ever been imprisoned for discriminating against a Black, Hispanic or Asian, for insulting him verbally, for slandering his race; and very few have been penal- ized for assaulting or even murdering a Black, Hispanic or Asian. Racism, in any form, must be made a crimefor which individuals are punished severely. Police officers who unnecessarily shoot and kill nonCaucasians should be subject to the same penalties as all other murderers' It is said that you can't legislate human nature, or compel people to shed their prejudices. It is said that in this racist society no person is wholly free of racist prejudices. But you can compel rational people to restrain and contain racism, just as the great majority of people are compelled by the power of law to restrain impulses to steal, to assault hostile people, and commit other legally criminal acts. It can just as well be said that no person in this society is wholly free of criminal ideas in some form or other, in some degree of intensity. But the great majority have the common sense to repress such tendencies, and they tend to become vestigial aspects of consciousness. Similarly, a legal prohibition against racist actions and expressions will inhibit and repress racist ideology, and help lead to its gradual decline and ultimate disappearance. We first year students were told by our professors to contemplate on the study of law and what it meant to us. It dawned on me that we law students carry a large measure of responsibility. The process of justice is in large part the measure of decency of a society. We as law students and eventually practicing attorneys, must concern ourselves with other matters of our society whether we work in public interest firms or private practice. It is only fair that we, who will make our livelihoods from the legal profession and the judicial process, should act as its guardian within the scope of making a decent society for all. After all, if lawyers are not morally obliged to carry this responsibility then who is? November 9, 1988 The Opinion 9 �Defendant Rusk Relays Mock Trial Experience (A perennial favoriteamong the first year students is the opportunity to re-enact the infamous daterape case ofState v. Rusk. The mock trial as conducted by Prof Charles Ewing continues to be a viable learning experience. Here we get the view of the case from the "rapist's" viewpoint.) by Len B. Cooper After a seemingly interminable wait, the jury finally came into the courtroom. Within moments my freedom over the next twenty-odd /ears would be decided by total strangers (O.K. maybe not total strangers— I thought I recognized some of the Section 2 jurists). My mind drifted back Although the acts for which I was on trial occurred several years ago I had never heard of them until I studied the case in Criminal Law this year. And they did not take on a personal significance until I volunteered (with some coercion) to be the defendant in the mock trial criminal case of Sfafe v. Rusk. I'm not quite sure if I should have taken it as a compliment, but a significant number of my peers felt that I had certain qualities "innocent" that prompted such assured comments as "no jury could ever convict someone like you." Hmmm. Anyway, Edward Rusk the rapist was who I became. It started off as a pretty fun thing. Hey look at me I'm a rapist! But somehow, as the trial got closer I found myself getting a bit more nervous. Sure they couldn't REALLYcon- .. — — — — — vict me but they could at least rip me to shreds on the witness stand. And I heard that I would be up before a hanging judge. So I started practicing. No way were they going to nail Fast Eddie Rusk. I was innocent! Now if I could only come up with a story that the jury would buy. This is one of the weird parts of mock trial: as the defendant, you don't really know what the real life facts of the person you are portraying really are so you make them up (within reasonable bounds of course; you're limited to extrapolations based on the fact sheet we are given). So the trial begins. I've got my hair cut to super-respectable short length. I'm wearing my best blue pinstripe suit with a pink paisley tie. I'm Mr. Credible. The prosecutrix (rape vie- — tim) gives a horrifying account of the terrible ordeal I put her through. She sounds terrifying. I'm ready to convict myself. The Jury is looking awfully mean around this time. But then it's my turn to take the stand. I start off by telling the court about my beautiful two year old son Joshua who I take to the zoo: he's the center of my life. An undercurrent of gagging sweetness sweeps through the court. I'm on a roll. By the time I tell the court how I brushed my teeth to spare my "victim" the maleficent odors of my "chicken-wingy breath" they're rolling in the aisles. But it's a weird feeling. I'm not really trying for laughs I'm justsort of intensifying natural tendencies. So, no wonder when I fumble to straighten out my glasses and I accidentally knock them across the witness stand I am told how "natural" it looked. When I try to rattle the prosecution's cross examiner by "innocently" asking the judge for a glass of water ("I'm VERY that the poor woman went through. But when I look over to the jury, horror is thefurthest thing from their minds. Hey this was working. So I continue to misunderstand the prosecutor's questions. Add in a lot of dumbfounded looks. And then it's all over. And the waiting begins. Three months???! "I'll miss the SUPER BOWL!", I yell as they drag me away. All in all an interesting experience. A possible twenty-five year penalty reduced to three months. I'm told by friends that the reason I got off was because the jury couldn't convict someone On the charge of first degree rape: Not guilty. Yahooo!!! Heh. Heh. Knew it all the time. On the charge of first degree sexual abuse: Not guilty. Yahooo!!! Of course. (They added this "bogus" charge at the last minute before our trial. Our "impartial" judge couldn't see the harm.) Finally, on the charge of third degree sexual abuse: Guilty. Yaaa-HUH??!!?? Guilty?? Did they say GUILTY!?! Before I know it the bailiff is strong-arming me up to the bench for sentencing (and they say that the wheels of justice move slowly!). "You're a slime ball Mr. Rusk!," the Judge exhorts, "It ill behooves me to only be able to give you a maximum penalty of three months!" who looked that much like a bumbler of rape. Does real life really work this way? Can defendants really throw off juries with acts? Was it an act? Did the fact that the jury knew this wasn't 'real' influence things? — — thirsty your honor"), I get the biggest laugh of the night. I, myself can't seem to keep a straight face. This is terrible. They're going to think I'm making fun of the terrible ordeal Questions. Questions. Questions. But —hey! That's what law school's all about, right? THE PASSWORD: 415 Seventh Avenue. Suite 62 New York. New York 10001 (212) 594-3696 (201) 623-336) Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. (<fl PIEPER NEW YORTr-^ MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 10 The Opinion November 9, 1988 �■ International Law Conference Held at UB Law morning session proved most valuable in answering questions about how to pursue careers in international law. Dennis Vacco noted that he looks for extra special/non-related experience that distinguishes one from the rest of the applicants in the market. Pamela Davis Heilman noted that opportunities for international law are also available in Buffalo, Detroit, Cleveland, Minneapolis, as well as New York City. James Truman Bidwell, Jr. said one looks for 'hooks' in a resume when interviewing potential candidates. Bidwell again re-emphasized that one must first be a good domestic lawyer before entering the field of international law. The afternoon session began with Professor John A. Spanogle, who teaches at SUNY at Buffalo Law School. Spanogle served as chief of the U.S. Delegation to UNCITRAL and has numerous publications to his credit in the area of international law. Professor Spanogle began by pointing out four ways of practicing international law: in the private arena, as in-house counsel, in U.S. government agencies and in international agencies. He noted that lawyers usually have an international aspect to theirpractice because their clients have an international aspect to their business. One needs to understand a wide range of foreign law and treaties if they want to practice in the international realm. He concluded by stating that it is more important to take basic traditional law courses than boutique courses in international law. Bennett A. Caplan, an international trade attorney with McDermott, Will and Emery, graduated from Boston College Law School and has a Masters in International Relations from the Fletcher School of Law and Diplomacy. Caplan pointed out that one does not have to get a job with the State Department to be involved in international law; the International Law Department of DOT, the U.S. Trade Representative Office of the Department of Agriculture and the International Trade Commission are viable options. However, he went on to state that many of these government agencies do not interview on campus and that one has to bang down their doors to get a job. Caplan concluded by saying that some boutique courses may be helpful in carving out a niche for oneself in international law. Lesley N. Reizes, a partner in the Waverly, N.Y. firm of Friedlander, Friedlander, Reizes and Joch, P.C., brought a small town perspective to the discussion of career options in international law. Reizes' main observation was that one does not have to practice law in a large firm to practice international law. While Reizes always wanted to be a country lawyer, however invariably he got involved in international law when his firm got an account with the Canadian Lumber Company. Reizes concluded by acknowledging that small firms have less resources and that the big deals go to the big firms. Next, Dennis J. Gallagher of the Office of the Legal Advisor spoke on Public International Law. Gallagher, who graduated magna cum laude from the University of Wisconsin School of Law, also serves as Chief of the Iran Small Claims Division for the office of International Claims and Investment Disputes for the U.S. Department of State. Gallagher described himself as being autonomous within his department of one hundred lawyers. He noted that, in his troduction of international law principles in other courses. It was clearly demonstrated that law and legal transactions, like the world at large, had developed an interdependent role. It was agreed upon by most if not all of the participants and panelists that there are numerous international transactions with domestic implications as well as domestic transactions with international implications. There is an obvious fusion of international law with domestic area, one has to be legal coun- law courses. Torts, for example, is a field where the international aspects of conflict resolutions can suggest different methods. Business law, contracts and tax are also domestic courses which have international ramifications. sel for all different types of international matters, within the State Department as the department's primary client. In his field, Gallagher felt that Constitutional Law is the most important subject one could specialize in during law school. Jonathan Malamud, an attorney with the N.Y.C. firm of Graham and James, spoke next. Malamud received his J.D. from UB Law and his L.L.M. from the of University Washington Law School and was previously employed by Hamada and Matsumato of Tokyo for two years and Anderson, Mori and Rakinowitz for another two years. Malamud began by pointing out that he was hired as a foreign legal trainee primarily because of his approach to problem solving and interaction with clients. Malamud noted the different level of legal sophistication he encountered when dealing with Japanese and other foreign clients. The smaller firms often sent people who needed a great deal of hard workers while the larger firms, as a rule, seemed to send more sophisticated, experienced representatives. Finally, Mr. Halpern concluded by saying that he hoped that all the conference participants benefitted by the wide array of professionals that showed their knowledge and experiences to them that day. He voiced hope that such an event provided a valuable perspective to those who still felt an urge to practice international law. Program II Exploring the Need for Academic Programs in International Law Included as part of the International Law Conference's agenda for the full day event, was a symposium on Academic Programs moderated by Associate Dean Virginia Leary and comprised of a panel of law professors from throughout the United States and Canada. The bulk of participants in this part of the program were law professors who gathered together to discuss the implementation of international law related courses in United States and Canadian law schools as well as the variousteaching methods and approaches used in the in- : International law in most European law schools is a re- quired course. Unlike American law schools where international law is a course elective and is taught in one semester, European schools teach international law for an entire year finding it difficult to teach in a semesterly plan due to the discreet and different nature of the field, such as European Economic Community Law. Professor Burns Weston of the University of lowa Law School remarked that there are a lot of American judges/attorneys who are not familiar with international law. "Very few, a miniscule amount of judges use principles of international law and cases in their decisions." The work of UB Law School's librarian, Nina Cascio, was praised as useful, needed and practical. Nina Cascio conducts a course on International Law Research. It was suggested that her work be implemented by other law school librarians. All the panelists and participants agreed that this type of conference was greatly needed. The interaction and comments shared were of a valuable experience. This was shared by who practitioners present stated that communication bepractitioners tween and academia of this nature be continued on a permanent basis, especially since the advent of the United States-Canadian Free Trade Agreement. Patricia Youngblood of Al- continued from page I bany Law School was chosen as the coordinator of the group so that the group can meet again in the future. Program III: Selected Issues in International Trade For The General Practitioner Six attorneys spoke on issues associated with the internationalization of private practice relevant to today's practicing attorneys. David Butler of McMillan, Binch in Toronto, Canada was the first speaker. He focused his talk on selecting foreign counsel. Mr. Butler suggested that one of the most important things a U.S. attorney can do in selecting foreign counsel is to "identify the immediate, near term and long term needs of the client." After these needs are recognized, then any other parameters should be identified. Falling into this category are items such as qualification to practice in the foreign jurisdiction (i.e. are they properly licensed?), ex- perience, geographic proximity, cost, referral capability and lack of any disqualifying conflicts. Mr. Butler also stressed that U.S. attorneys should be cautious in dealings with Canada, as there is a tendency to ignorethe differences between the Canadian and U.S. legal systems. Import/export control laws was the topic of the next speaker, James Meagley of Phillips, Lytle, Hitchcock, Blame and Huber. Mr. Meagley gave practical advice on where to look for help when a client is planning on importing or exporting goods. When importing goods, Mr. Meagley pointed out that the duties paid on the goods initially are only estimated and that the U.S. Customs Service has up to one year to compute the actual amount of duties. When a client is exporting goods to Canada, Mr. Meagley suggested that the attorney should make sure that the final destination of the goods really is Canada and that the goods aren't being shipped through Canada to a third country or being shipped through Canada to another destination in the U.S. Ellen Yost of Jaeckle, Fleischman and Mugel, next explained some of the intricacies of distribution agreements with foreign agencies. Ms. Yost urged attorneys to stay involved with overseas distribution agreements once they have beenfinalized and not turn the whole project over to counsel in the distributing country. Included in an international distribution agreement should be such things as the effective starting date, cost of getting out of the agreement, and "just cause" provisions. Ms. Yost noted that distribution agreements with foreign agencies should be as explicit as possible. Two other important things to be considered in getting involved in these types of agreements are licensing (making sure trademarks are registered in the client's name in the foreign country) and franchising (laws vary greatly from country to country). Tax considerations were the next topic of discussion. Arnold Zelman of Moot and Sprague tackled this broad and complicated area. Basic rules to be remembered when considering expanding a business into a foreign country are: 1) The tax laws of more countries than the country where the business is located may be involved; 2) Treaties sometimes modify the law and 3) There are three transactions involved, incorporation, operation and liquidation. Mr. Zelman also warned that the U.S. can tax a foreign branch of a U.S. company in two ways. First, the U.S. can tax any income that is earned in the U.S. and connected with "the foreign branch, and second, there is a 30% branch tax on profits earned by the foreign branch that are not reinvested in the U.S. branch. Money was also a key component in the topic of the next speaker. John Amershadian of Hodgson, Russ, Andrews, Woods and Goodyear, discussed letters ofcredit as a way of finanacing foreign transactions. A letter of credit is issued by a U.S. bank to a U.S. party who wishes to purchase goods from a foreign party. The letter of credit tells the seller that he is safe to ship his goods because the bankwill back up the purchaser. Applications for letters of credit are made by the purchasing party. Mr. Amershadian urged attorneys to fill out these applications rather than the businessman involved because precision is important and even the smallest inconsistency can invalidate the letter in its final form. Scott Friedman of Kavinoky and Cook was the final speaker in the program. He spoke largely on the benefits of using arbitration ratherthan litigation to settle international disputes. Cost and time reduction, easier enforcement of agreements and ease in obtaining a fair forum are among the advantages of arbitration. Litigation typically takes place in our federal courts and often foreign parties are hostile to our methodsof discovery. An arbitration site can be chosen to meet the needs of both parties and thus lessen hostilities. Arbitration has its disadvantages, but Mr. Friedman seemed to think them lesser in weight than the advantages. Some of the disadvantages he mentioned are 1) provisional remedies such as injunctions are not available; 2) the fees of private arbitrators have to be worked out and 3) broad discovery may not be available if you want it discovery rules are silent. The program was well received by students and practitioners in the audience. — November 9, 1988 The Opinion 11 �I ATTENTION: FIRST YEAR STUDENTS I I FREE LECTURES I I I I I I I ® HOW TO MAXIMIZE YOUR SCORES ON FIRST YEAR EXAMS © CRIMINAL LAW SAT. NOV. 12 RMIO9 ®10AM-11 AM (2)11:30AM-2PM I 12 -VIDEOTAPE LECTURES- The Opinion November 9, 1988 I I I I I I I I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-11-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/9/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3ab1d0e060d1e82a9e51504858968f72.pdf 10e76d039d96ca07be35b0a0b34f9378 PDF Text Text SBA Attempts To Hamper Operation of Free Press At a Student Bar Association (SBA) meeting held on Tues- day, November 15, 1988, the SBA discussed, and at one point considered, a motion that would hamper the free and independent press by forcing The Opinion, the SUNY at Buffalo Law School Newspaper, to publish certain material. Although the matter was tabled pending further "investigation," some SBA members made clear their desire to hinder The Opinion's production, layout, and printing by cutting back on SBA's allocated funds to The Opinion. By-Law 13 has been officially interpreted by SBA as meaning that The Opinion must publish any articles submitted to The Opinion by law student organizations which are earmarked to comply with By-Law 13. The Opinion Editorial Board is at odds with the basic premise of By-Law 13 of the SBA Constitution. by Alexei Schacht News Editor At issue is SBA's By-Law 13 which states, among other provisions, that "all organizations which wish to maintain or receive an SBA charter and/op re2) ceive SBA funds must: publish a letter describing the club's activities and plans in the law school newspaper, The Opinion, after October 15thand before March 15th, of each school year." ... Daniel Ibarrondo Cruz, Editor-inChief, The Opinion. As a free and independent press, The Opinion stands behind a guiding principle in the operation of any newspaper. Namely, that no government, student or otherwise, has the right to force any printed material to appear in any newspaper's pages. The Opinion's Editorial Board came to know of the events at the Tuesday, November 15th SBA meeting by listening to cassette tapes which recorded the meeting. Upon hearing the tapes and the threats advanced by some SBA members to cut The Opinion's funding, Daniel Ibarrondo Cruz, Editor-in-Chief of The Opinion, commented, "without a doubt, the SBA's discussion of this issue has political overtones. The Opinion Editorial Board has sought to provide UB Law Students and the Buffalo legal community with the awareness of the rich group of diversified student activities. Throughout the years, in fact since thefirst publication of The Opinion in 1950 up to and including this semester, The Opinion has reported on events and issues of concern to the UB Law community. No law student organization can state that they have been denied access to The Opinion. However, in a heated debate on this matter that lasted over half an hour, the SBA attempted disregard constitutional guarantees implicit in the rights of a free press. The Opinion's stand on this issue, it seems, was construed as an attack on SBA. This was clearly stated by SBA President Kimi King. "What are we going to do," asked King, "when The Opinion says they're not publishing any more By-Law 13 and that's what you ought to be thinking about. This is what it comes down to." to SBA. A motion wasthen passed which stated: "The SBA calls on The Opinion to continue printing all By-Law 13 compliances or other reasonable alternatives to the satisfaction of the organization and throughout remainder of the semester." Martin Coleman, 2nd year 3A Director, in support of the "I'm not motion, stated, satisified with what The Opinion has done. It is something that I'm really pissed off at. Let's just cut their money. Let's make sure their money gets cut. It's that simple. I say let's exert pressure. Let's send a mes- te sage." Kimi Lynn King, President, Student Bar Association A few of the SBA Directors asked that the matter be tabled until a representative of The Opinion could be present to asnwer any questions on the issue. However, King then sus- THEOPINION Volume 29, No. 8 pended all parliamentary rules and procedure adopted by the STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Lisa Sizeland, 3rd year Director, in agreement with Mr. Coleman, stated that "because of the money that's gived [by SBA] to The Opinion, they have a responsibility to print these articles." Ms. King then urged Ms. Sizeland to motion for a memorandum to admonish The Opinion for not printing these articles. (continued on page 15) December 7, 1988 Environmental Law Society Petitions For Law Clinic by Michael Gurwitz The Environmental Law Society is currently lobbying for the establishment of an environmental law clinic at ÜB. Working under the slogan UB Needs An Environmental Law Clinic, the group initiated its campaign with a petition table set up outside the law library. The goal of the petition drive was to gather 400 signatures, or roughly half the law student body, to demonstrate student support for an environmental law clinic. According to the ELS, Buffalo is the ideal location for an environmental law clinic. As many people are probably aware, the Buffalo area is one of the worst parts of the country environmentally. Love Canal, less than an hour's drive from the law Niagara Falls, N.Y. whose spirit continues to haunt the nation as a reminder of the insidious destructiveness of toxic waste pollution. But Love Canal is only the most glaring example of the toxic waste problem in Western New York. Sixty-eight percent of New York State's toxic waste is buried, or scheduled to be buried, in Niagara and Erie Counties. One reason for this is the area's historical location as the site of major polluting industries. Another is economics: Western New York is economically depressed, its citizens lacking in the legal and scientific resources necessary to protect themselves from the powerful interests who use their backyards as dumping grounds for chemical trash. — — This is where an Environmental Law Clinic can step in. The law school, in conjunction with other schools within the university, can provide an invaluable resource for the surrounding communities. Students can work with local citizen's groups to carry out citizen suits against polluters, and help prevent any further dumping of toxic waste. Law students can gain valuable still, and with President Reagan retiring to the ranch and President-elect Bush, a self-confessed environmentalist, coming into power, new opportunities will open up renewed cooperation between Canada and the U.S., not only in dealing with acid rain, but also in cleaning up the Great Lakes both countries share. Students can also pursue their interests in environmental law and international law on a scale. The truly global Greenhouse Effect and Ozone depletion affect the entireworld and must be approached accordingly. Given the vastness of the problem, there is no limit to the kinds of activities which can be organized through an environmental law clinic. An environmental law clinic is essential to preparing the UB law students for what will undoubtedly be the most important polical and social concern of the 19905, and should not be denied them. With time, the UB Law School can become the premiere environmental law center in the United States. An environmental law clinic is a necessary step in that direction. The ELS encourages law students to write letters to Dean Filvaroff in support of the clinic. UB needs an environmental law clinic. Garrow Speaks On Civil Rights by Dennis Fordham — Present home of Hooker Chemical school, is a national symbol of environmental devastation. Once a solid bedroom community, Love Canal was transformed overnight into a gibbering nightmare when it was revealed that the very grounds upon which its houses lay and its children played were awash in toxic waste. Birth defects, cancer, and deathreduced Love Canal to a ghost town, one experience working in environmental law, and together with local groups, transform Western New York from toxic toilet bowl to a clean, healthy place to live. There is also a tremendous opportunity to combine environmental law with International Law. Canada our friendly neighbor to the North is greatly concerned with environmental protection. Canada has been struggling with a terribleacid rain problem and has seen its lakes and forests devastated while the Reagan Administration promised to study the problem and took a nap. The problem exists As law students, it is hard to accept an unflattering appraisal of the current status of civil rights in America, especially since many believe the battle has already been won through legal reforms. Nonetheless, the lecture by Professor David Garrow on The Legacy of the Civil Rights Movement was deservedly well-received by the 60 who attended the event on Thursday, Nov. 10. Prof. Garrow won the Pulitzer Prize for his 1986 book Bearing The Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference. He was a senior advisor to the PBS documentary "Eyes on the Prize," and has written other books and articles on Civil Rights. Currently, Prof. Garrow teaches at CUNY and lives in Harlem. Prof. Garrow began his corrective narrative of the U.S. Civil Rights Movement with the landmark decision of Brown V. Topeka Kansas, the famous desegregation decision heralded as the first major post-war victory for equality. The meaning of the Brown victory, according to Prof. Garrow, was not the triumph of legal efforts but rather the "consensus of black leadership" to follow judicial means through the NAACP legal staff. Up until the Montgomery Bus Boycott, Civil Rights leadership had totally followed the NAACP strategy of successive Supreme Court victories and placed pressure on the courts to grant concessions to Civil Rights. Hence the enthusiasm of the Brown Decision was a feeling largely confined to the adherents to the NAACP strategy. But to the ordinary disenfranchised black citizen the dire need to move more expeditiously made Brown an (continued on paged) HIGHLIGHTS The New Drug Law In failed attempts to combat drugs by clamping down on dealers, Congress has passed a law which goes after users. The penalties are harsh and the issues involved have fed to heated debates among legal scholars. page 4 Supreme Court Analysis page 5 How far has the Supreme Court gone in defining the beneficiary of the Equal Protection Clause.' �THINGSYOU ONLY WANT TO DO ONCE If you're lucky, you will experience many things in this life that you want to repeat again and again. Unfortunately, taking the bar exam is not one ofthem. And as such, it joins a long and worthy list of events which while necessary, are no less appreciated for the singularity of their occurrence. With this in mind, we would like to make the following suggestion. The best way to guaran tee that you will experience X) <0 /__ BE T. 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Attorneys Relay on Differing Views ofEntertainment Law The Entertainment Law Society sponsored a very entertaining event, "TheMusic Industry" last Tuesday with the help of a slick attorney who represents the music industry in contract negotiation and another who often works to protect artists' rights, especially those musicians who are forever looking for that "big break." by Jeff Markello Photography Editor David Parker, Esq. is vice president and general counsel to Amherst Records, a recording company whose clients include European teen-age superstar Glenn Maderos, the Doc Severinsen band from Johnny Carson's Tonight Show, recording national artists Spyro-Gyra and Rick James, as well as local groups trying to make it big such as Gamalon. Parker, a UB Law graduate drives a 944 Porsche with an appropriate New York State license plate which reads "MUSIC LAW" and works with Lenny Silver, owner of Record Theatre. Tricia Semmelheck, Esq., also a UB Law Graduate, works for the Buffalo law firm of Saperston & Day. While her specialty with Saperston & Day is patent law, she is also very successful at assisting young artists who may have been duped by an unfair contract with their personal manager. Much to the delight of the Entertainment Law Society, Mr. Parker and Ms. Semmelheck informally engaged in a friendly debate discussing how they can best represent the interests of their respective clients before, during, and after contract negotiations. Ms. Semmelheck stressed the importance of a young group having any personal managing contracts reviewed by an attorney before committing themselves to a will have in negotiating a contract. Ms. Semmelheck described to the audience a typical contract that she encounters as one in which the personal manager will receive between 15 to 30% by the artist over the next five years, ...and power of attorney..." That literally includes all gross income that may be received regardless of its relationship to the artist's music. For instance, any acting, speaking, appearances, or even any odd jobs that the artist happens to pick up while her group is in a slump, will qualify as income from which the manager gets to take a percentage as provided for in the contract. Further, the term "year" may be defined in the contract as a period of time in which X, Yand Z must occur, and may not have anything to do with our traditional calendar years. Also, while a certain manager may obtain a recording session with a big name label, one must always be extra careful in signing away her power of attorney. In Europe, personal managers are not allowed to alter any artist's music without that artist's permission and direction over all changes. Here in America, unless such a provision is specifically stipulated in the contract, the personal manager may use the music in any way that he feels will make the product more marketable, regardless of how the musician may feel about it. If the artist so desires, and has enough clout in the music industry, he/she may give up the rights to certain portions of the potential use of the art and keep all others. For instance, an artist may choose to sign away the rights to use the song on television, MTV, Hollywood movies, radio, etc., or may specifically intend to retain all of the options and sell them personally outside the realm of the agent. But unless David Parker, Esq. and Tricia Semmelheck, Esq working arrangement that may there's a provision in the connot be fully understood or is intract, the personal manager has herently unfair to the musia free reign to use the art form cians. The case that she most in any way that he/she may deoften finds herself confronted sire. with is one brought to her by a band who desperately wants Personal managers aren't out of their contract because licensed or policed by any orthey are starting to gain attenganization protecting the integtion and find themselves pinrity of the music industry. Hence, ned down to a contract which many groups enter into unfair contracts with sleazy managers gives their manager too much who are out to exploit young discretion and a larger cut than they may deserve. musicians too naive to know the difference. Some personal Unfortunately for the young managers are double dippers artist's sake, the music industry is one in which the clout of the who will require that the artist publish their work through a reartist translates directly into how fair the personal managelative's publishing company, use a relative as their attorney, rial contract is. Mr. Parker pointed out that Billboard or as their accountant. Other contracts require that all of the magazine is really the pulse for group's earnings must go dithe record industry which dicrectly to the manager wheretates who's hot and who's not upon the manager will take his/ in regards to how much leverher share before giving the age or clout any particular band group back whatever is left over. Inevitably, the negotiating power available to the artist in constructing any contract, is directly proportional to their degree of clout in the music industry according to Billboard magazine. When confronted with a troubled artist who needs to be released from her contract, Ms. Semmelheck often will point to the lack of consideration of the contract and doctrine which states that all ambiguities in a contract are to be construed against the writer of that contract (typically the manager). One of the reasons that the music is such an exciting field is that law is just beginning to be developed as there is little case precedent available, and much yet to be decided. Rarely do any contract disputes go to court because both parties are . afraid of the unknown how the court might handle music industry contracts. Mr. Parker claimed that some major record labels have a staff comprised of as many 70 attorneys scrutinizing their contracts and settling disputes if a big name artist becomes disenchanted. At the same time, this record label will refuse to settle with the lesser known artist who it knows is not likely to be able to afford the legal fees necessary to successfully take the case to trial. In this way, the music industry is ultimately controlled by managers who can determine if an issue will be adjudicated, something that they desperately try to avoid because of a lack of precedent produces a frightening uncertainty about the law. Both attorneys present agreed that a very thorough knowledge of contract law is important to be a successful entertainment lawyer and recommended all courses emphasizing contracts for those students interested. This very informative discussion also involved many questions from the students in the audience covering diverse areas in entertainment law not included in the scope of this article. The Entertainment Law Society would also like to thank the law school for the interest and enthusiasm shown for its "Paper Chase Movie Series" on Thursday afternoon in the 4th floor student lounge. The lawrelated motion pictures have been just as entertaining as Mr. Parker and Ms. Semmelheck were last Tuesday. It's no surprise that the Entertainment Law Society is opening eyes and attracting new members with every event... don't miss out. BookReviw: Black Robes, White Justice Examined by Martin Coleman The stories of racism in New York City's legal profession, related by Bruce Wright in his book "Black Robes White Justice," came as no surprise to me. What did surprise me positively was Judge Wright's no holds barred honesty in telling his story. It dawned on me progressively as I passed through its chapters that Judge Wright must be the most villified justice in this country after public airing of this book. For this he deserves not the status of pariah, of which he is thoroughly used to by this time, but great praise for being both a courageous human being and an outstanding role model for what a judge should truly be. Judge Wright is a courageous human being because he doesn't fool himself, like so many white and Afro-Saxon justices, into thinking that the history, culture, and psychosocial dynamics of racism are of no consequence in a determination of justice in our legal system. Rather, he exposes "legal" racism without deference to the elevated and mystified status that the judiciary has accrued to itself. He is a "Judge's judge" precisely because he has confronted the ugly truth of racism as it affects judicial decisions, and can now deliver blind justice to the masses of alleged criminals that are paraded before him, regardless of their color. Ironically, by unmasking the "blind" justice of our judicial system for the racism it visibly perpetrates, Wright has come as close, if not closer, than great justices like John Marshall or Oliver Wendell Holmes (that we are taught to venerate) in delivering blind — — justice. We know, if we care to open our eyes, that white lawyers and judges, in their personal lives and thoughts, are no more or less racist than the elevator man who refused to allow Judge Wright to use the "white" people's elevator (p. 157), or the "liberal" white schoolteacher who thought that reading and play acting "Little Black Sambo" was a positive learning experience for black and white schoolchildren (p. 191). Why should we be so gullible as to believe that they can leave their racism home when they show up at work to mete out justice? When one considers that most racism (at least for white people) is as subtle as the haughty ignorance of the "liberal" schoolteacher referred to above. It would require an enlightened vigilance by white lawyers and judges to keep such potentially dangerous notions at bay while performing their legal duties. Examples of the failure of such self-policing in rooting out racist applications of the law abound in Judge Wright's book. The gem I found most ironic was the lack of due process that Judge Wright received at his censuring hearing before the Judicial Relations Committee for taking the admitracist tedly prosecutor Schwartz to task (p. 141). Apparently black judges weren't guaranteed the same due process rights that were previously granted to welfare recipients in Goldberg v. Kelly. I wonder if they still aren't? What is necessary to combat such judicial racism is the type of education advocated by Judge Wright (p. 195), wherein the historical and sociological foundations of modern racism are taught as a mandatory part of the law school curriculum. Again, one would think this an obvious need recognized by that especially heavy mass of fine minds that comprise the field of legal education. A quick look at law school 33 yearsafter Brown v. Board ofEd. however, confounds such an obvious expectation. Even that progressive bastion of legal jurisprudence called SUNY at Buffalo Law School offers only one class that is directly aimed at addressing this need; an optional seminar attended by 20 students. It seems that necessary change in this area, like wet cement, is slowly being poured into new foundations, and for most law students in 1988, certain to dry up before the foundation gets filled in. For minorities then, particularly blacks, the color of their skin will always be a barrier to receiving true "blind" justice. If it is so difficult to eradicate racism from the legal arena, why should we presume that other forms of personal preference and prejudice are not also occluding the vision of legal professionals and judges? For instance, the legal profession holds to the principle, stated in the lawyer's cannon of ethics, that all Americans are entitled to access to the courts to have their legal problems resolved, and that it is the responsibility of the legal profession in general to see that they receive proper counsel to represent their interests. It is explicitly stated that lack of financial resources should not be a barrier to justice. That same cannon of ethics however, relies on the voluntary system of pro bono to provide for indigent clients. This system is to operate outside the "normal" unregulated market for legal services. Common sense tells you that lawyers charging minimum fees of about $75.00 an hour up to $500.00 are going to take advantage of the fact that their service to the poor is unregulated and voluntary. "Trust in the good heart of Vultures," a street person might say; "Yeh... right." There is no justice for those poor who knock at the door, and are turned away because the lawyer's time is being spent ministering to those who can meet the market price. Lawyers in general don't question this contradiction in their obligation to provide justice for all. Perhaps this is because they have personal prejudices to people who are poor. Many will say that they have a right to make as much money for themselves as they can, which means that they don't think that it is their responsibility to provide justice for the poor. They might say, "It isn't my fault that they are poor." This reminds me of many whites who state that "I am not responsible for the racial discrimination of my forefathers and mothers." They take no direct responsibility for the cause but make no effort to rectify the festering vestiges. Indirectly they give continuing life to past discriminations and benefit materially from present maldis- tributionsof power and money. (continued on page 15) December 7, 1988 The Opinion 3 �Should You Obtain A New York State Smoking License? by Jeffrey M. Blum Associate Professor of Law SUNY Buffalo Faculty of Law and Jurisprudence Well, the bad news is in. Congress has finally gotten so fed up with losing the war on drugs that it appears to be shifting its point of attack from the major larcenous, dealers those sometimes dangerous criminals who make millions of dollars to the ordinary users of controlled substances the artist, the mailman, the professor, the college student, the musician, the paramedic, and so forth. Indeed, the Anti-Drug Abuse Amendments Act of 1988 authorizes fines of $10,000 for anyone possessing any amount of any controlled substance. Once the law goes into effect, which will be either next March or next September depending on the section, the joint that one casually smokes for excitement, amusement or relaxation could lead unexpectedly to confiscation of everything one owns. The civil fine of $10,000 could come quickly or anytime during the five years after the illicit act of possession. Thefine can simply arrive in the mail, and then there is the opportunity for a hearing to determine whether you did in fact hold the joint in your hand. All that is needed is for someone, probably an informant, to file an affidavit saying that he or she saw you smoke pot. Whether there will be a vast proliferation of informants is unclear, but the new law does appear to provide the necessary mechanism. Funds from confiscated property go into the Department of Justice Assets Forfeiture Funds, which is earmarked for several purposes, including the paying of informants, the purchase of evidence and the acquistion of computers and other equipment designed to keep tabs on the population's drug use. If zealots in the Department of Justice decided to really press things, they could develop an — — — impressive self-funding vigilante separation. With twenty- six million Americans who regularly use drugs (80% of whom simply smoke pot), and the possibility of $10,000 being confiscated from each, there appears to be available a potential fund of up to $260 billion that could finance operations without any additional appropriation from Congress. Even one percent of this total would be $2.6 billion, which frankly could hire a lot of informants and keep a lot of computerized records. Naturally our first response is to believe that this couldn't really happen here. But there are some indications that it might. For example, the new law contains the "declaration" "it is the declared policy of the United States Government to create a Drug-Free America by 1995." To even approximate this goal would require transforming the United States into a vastly more authoritarian society than it has ever been in its history. Whether the necessary police state apparatus could sustain sufficient political support to carry out its mission might well depend on how much hysteria could be generated. But already we see the beginnings of drug users being prepared for the role of scapegoat. In a period when virtually everyone is predicting — 4 some significant economic downturn, it may be significant that the new law recites: "the total cost to the economy of drug use is estimated to be over $100,000,000,000 annually." The law goes on to state that "the connection between drugs and crime is also well-proven." What is equally well-proven, although not much spoken, is that this "connection" comes much less from the drugs themselves than from the laws that make them illegal. The litmus test of what the new law is about is found in its treatment of marijuana. If public health and welfare were the law's concern, then a crusade against some deadly or debilitating drugs might be warranted. But not a crusade against twenty-odd million pot smokers, or for that matter, the approximately half of high school seniors who have tried it. Whereas drugs like heroin, angel dust and crack are highly addictive and/or dangerous to health, marijuana is known by most of those with experience to be a fine recreational drug. This is not to say it cannot be overused or abused, but it is far less addictive than either tobacco or alcohol, and has much less of a connection with either violent behavior or accidents than does alcohol. Its potential adverse health effects have been studied extensively for thirty years, and may now confidently be listed as somewhere between modest and minimal at any rate, significantly less than those associated with cigarettes or alcohol. Against these adverse effects there ought to be balanced the benefits of smoking pot. For most people these simply involve various forms of enjoyment, including heightened feelings of humor and warmth with others, as well as enhancement of sensory experiences such as listening to music and having sex. However, for many pot smokers who are committed creative people independently of their drug use, getting high facilitates certain aspects of the creative process. Musicians often find that itenhances their ability to concentrate on rhythm and sound; writers and thinkers sometimes find that it allows them to see things from a different angle and to combine diverse insights; creative people in many fields report that it can trigger inspirational experience, and thus greater access preconscious to thoughts. Having talked with about twenty-five or thirty talented people who have reported such benefits, I can attest that perceptions of marijuana's contribution to creativity are not entirely illusory or idiosyncratic. In addition, pot provides useful therapy for adverse effects of the glaucoma, chemotherapy, and for many people, headaches. The main justification given for keeping pot illegal is that it furnishes a "gateway" through which young people pass on route to harder drugs. Although this is true in some instances for pot, just as it is for beer, most of the time it is not the case witness the fact that 80% of illicit drug users only use pot. To the extent pot does function as "a gateway drug" this is largely because of its illegality. Young people are driven to rely on the same suppliers who also provide — — The Opinion December 7, 1988 hard drugs. In the Netherlands controlled legalization of pot separated the distribution of marijuana and hashish from that of hard drugs. The result was a sharp decline in the number of young people using heroin and other hard drugs. If the government were to get serious about persecuting pot smokers, as would be required And of course there is no nuclear deterrent to protect Americans from their own government. While the new law may be subject to ridicule, it also could pose serious dangers. Laws born out of mindless bigotry can acquire a new and possibly more nefarious significance when they are skillfully manipulated by officials with a repressive agenda. Given the prevalence of drug use, and especially pot, among artists, writers, intellectuals, political activists and racial minorities, it is quite conceivable that the combination of surveillance, computerized record-keeping, heavy penalties for one-time use and the five-year limitation period could be used to main- Jeffrey M.Blum, Associate Professor, SUNY Buffalo Law School for the goal of "a drug-free America by 1995," the United States would probably wind up handicapping itself with a welldeserved brain drain. Why, then, are marijuana users now on the verge of being persecuted underthis new law? I suspect the primary answer is a combination of ignorance, fear of the unknown, and cultural prejudice. Although our Constitution seeks to prevent diverse groups from using state power to oppress each other based largely on prejudice, the low level of information exchange in our electoral processes have aggravated politicians' temptation to engage in demagoguery, which fundamentally is what the "war on drugs" is really about. What ought to be a health issue guided by careful discrimination among drugs based on their different effects has been turned into a "war" against twenty-six million Americans. Much of the problem seems to be that of many of the people running the country seem always to be looking for a war. tain a system of selective prosecution geared to chilling political activity by these restive groups. The notion will be that if you keep a low profile and don't get visibly involved in anything political, then the Department of Justice will leave you alone. The chilling effect could indeed be extensive. Given the frustrations of being intelligently political in the United States, one could law will be used to repress activists is unclear and probably has not been determined yet. But it is unlikely that even occasional prosecutions of visible people can go a long way toward making the mass of Americans behave more like intimidated subjects and less like free citizens. Another noxious side effect of the new law could be its functioning as a powerful device for tacitly excluding ethnic minorities from higher education. The law establishes that any use of any controlled substance can be grounds for effectively barring access to college by denying all federal aid and any state aid that is partially federally funded. Smoking pot traditionally has been acceptable in at least the black community for many years. Hence the disproportionate racial impact that will inevitably arise from the new law. If, as some people suspect, the drug-free requirement for college aid is implemented by some sort of oath on financial aid applications, as has been done with draft registration, then consider the dilemma of guidance counselors in inner — .. the new law contains the 'declaration' 'it is the declaredpolicy of the United States Government to create a Drug-Free America by 1995.' To even approximate this goal would require transforming the United States into a vastly more authoritarian society than it has ever been in its • history. argue that activism by the citizenry is simply dispensable. However, the country is moving in some ominous directions and I suspect that without more responsible, informed participation by large numbers of people we could be looking at a future of expanding poverty, intensity" wars, "low heightened nuclear danger, and a much perforated ozone layer. How much the new drug city schools. Either they advise their college-eligible students to perjure themselves about whether they have smoked or snorted, in which case the counselors themselves accrue possible criminal liability, or they tell the students to forget about college. Right now the law places it in the broad discretion of judges whether to cut off aid. However, judges are (continued on page 12) Congress Wages War on Drugs by Bruce Brown Congress has declared that its goal is a drug free America by 1995. The new policy is based on a congressional finding which, among other things, concluded that "the total cost to the economy of drug use is estimated to be over annually" $100,000,000,000 and that "despite the impres- sive rise in law enforcement efforts the drug supply has increased in recent years." Asserting that "winning the drug war not only requires that we do more to limit supply, but that we focus our efforts to reduce demand" the House of Representatives armed itself forbattle bypassing a new drug law which authorizes the death penalty for drug kingpins and can disqualify students convicted of drug possession from receiving federally guaranteed student loans. Whether a result of the election year rush ora sign of battle fatigue, the new drug law, as written, appears to rest on shaky constitutional grounds and contains some unexpected surprises which may startle its advocates. By far the largest category of people who will be affected by the new saber-rattling will be individuals convicted, after September 1, 1989, of any Federal or State offense involving the possession of an illegal drug. No qualification has been placed on either the quantity or the type of drug, but upon the first conviction and at the discretion of the court these people may be found ineligible for any or all Federal benefits (including loans, grants and contracts) for up to one year. In addition, they may be required to successfully complete a drug treatment program, submit to periodic drug testing while undergoing drug treatment, and be required to perform appropriate community service. Furthermore, in an attempt to dissuade personal use, the law states that: "Any individual who knowingly possesses a controlled substance ... in an amount that... is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation." However, in a gesture to the recidivists, Congress then declared that: "Acivil penalty may not be assessed [i.e., the if the indi$10,000 fine] vidual previously was convicted of a Federal or State offense relating to a controlled substance" .... Thus, repeat offenders, normally considered ... worthy of harsher treatment, are exempted from the heavy fines. These civil penalties are, of course, in addition to whatever penalty has previously been assessed by the Federal or State court. Since the Constitution presupposes the existence of the states as entities, independent of the national government, it could be considered that these additional penalties deal with the states in a manner that is inconsistent with their independence. For example. New York considers the possession of small amounts of marijuana to be on par with a typical traffic ticket. Therefore, if as a result of a congressional action, an additional fine not envisioned by the New York State Legislature is imposed, the punishment should be void, not because it violates the rights of the individual per se, but because it is contrary to the structural assumptions of the Constitution. The 10th Amendment may often be overlooked, but it does specifically state that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States are reserved to the States respectively, or to the people." �Equality and The Supreme Court: Much Ado About Nothing? by Emmanuel C. Nneji One of the concerns expressed in the 1988 presidential campaign is the notion that the next president of the United States will tiltthe balance of the Supreme Court. This notion bothers many people in two basic ways. Those who approve of the Reagan impact on the Supreme Court in particular, and the lower Federal Courts in general, fear the outcome of the presidential (and senatorial) election may alter the course of judicial politics introduced by the Reagan presidency. Apparently they believe the Reagan judicial agenda will be continued if, and only if, a Republican is elected president. On the other hand, those who object to the Reagan course consider it an atrocity on civil rights and liberties. Consequently, they are pleased that the Reagan era is a blink from chronological history; but most important is to ensure discontinuation, in fact reversal in some aspects, of the judicial trend so as to assure meaningful protection of the rights of the politically weak and unpopular segments of America. This article addresses the trajectory of Supreme Court interpretation of the Equal Protection Clause and the general popular perceptions that pervade the equal protection environment. The Supreme Court opinions in this regard have been anything but definitive. They collectively suggest uncertainty on the part of the justices who composed the Court in a given time frame. Most importantly, the "intent of the framers" argument in this context reduces the clause to a mere statutory provision intended to address a particular social evil, rather than a determinative statement of principles to guide government behavior and protect citizensfrom the claws of a sinister administration. So, what does Equal Protection mean; and to whom does it apply? The Supreme Court has answered the "meaning" aspect of this question in a manner that seems simple and clearly definitive. It means that ABC ought to be treated the same way as XYZ. "Ought" is emphasized here because of the disparity that obtains in some cases posturing similar circumstances. The visual/ physical differences between ABC and XYZ have sometimes, and in some cases, contorted circumstances thereby manufacturing situations conducive to inequality in the law either in legislation or application. As a result, the nation is still fumbling with the meaning of Equal Protection; and it remains principally idealistic, rather than pragmatic. It is fairly clear that the Equal Protection Clause prohibits the Federal (under the sth Amendment) and State (under the 14th Amendment) governments from making and enforcing laws that treat citizens unequally. This prohibition is not absolute, for the government is allowed to transcend it upon a showing of compelling state interest. To some, this exception makes sense and is acceptable. To others, the underlying justification for the exception is — sensible, but nevertheless unacceptable because such justification is the necessary expense for the enjoyment of the American constitutional form of government. In other words, the value of the "compelling state interest" exception to racial classification is the foregone alternative in order to meaningfully enjoy the value of constitutional protection and freedom. The major problem created by the Equal Protection Clause is its failure to categorically specify its beneficiary. This is where the current controversy lies, at least so long as affirmative action and other remedial government practices are pertinent parts of the equation. It is arguable that the Constitution is for all, and affects all, therefore it protects all. It is equally arguable that the Constitution is for all, but the amendments to it were generated in the context of specific conditions, therefore they were solely intended to remedy such conditions. The Supreme Court's vacillation in providing an unequivocal definition of the goal of the equality clause has resulted in political (as well as judicial) chaos, serving as a catalyst to racist and divisive psychology. In turn, this type of atmosphere reinforces mental racial reservations, which ultimately filter down to the election process and dilute the idea of a "melting pot" mandate necessary to address the needs and concerns of all citizens. How far has the Supreme Court gone in defining the beneficiary of the Equal Protection Clause? The Court had the op- portunity to definethe clause in Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). In denying the claim of disenfranchised butchers in this case, and while stopping short of categorical declaration that the Bill of Rights was intended for the sole purpose of rectifying the injustice perpetrated against those who were politically, socially, and economically disenfranchised (the former slaves), the Court's analysis compels the conclusion that since the white race had enjoyed the better side of the equation, the Equal Protection Clause could not properly be construed to have been intended for them. In other words, the logic of this rationale is that the standard of equality sought to be achieved has been historically available to the white race, Book Review. fI I EXTRA MILE FOR YOU! Pieper gives something in For more information contact addition to what is due, your Pieper Representative or expected, or customary telephone: lin a Bar Review Course. ■ This extraordinary effort is making the difference. I (516) (continued on page 10) ...continued from page 3 Others are more explicit about their prejudices to the poor. They carry that American myth of Horatio Alger around with them; anyone can make it rich in this country if they are willing to sacrifice and work had. The implication is that if you don't make it big then you haven't sacrificed or worked hard. Then you must be either lazy or too stupid to "make it big." Either way, it is your fault that you can't afford to pay market fees for lawyers, and you shouldn't be entitled to the same level of legal services that those who can afford to pay market rates are entitled to. And so the rationale goes... Summing it up, we see that personal attitudes about in- J RUNS THE therefore plaintiffs could not claim entitlement to a remedy because they did not share in the experience deemed requisite for a remedy under the Bill of Rights. Those who project intent of the framers arguments are at a loss here because tbe chronological timeof Slaughter-House Cases points to a conclusion that the Court ruled as the framers intended. The justices of the then Supreme Court were better situated in time to judge the intent of the Bill of Rights, therefore the outcome in SlaughterHouse Cases is arguably reflective of that intent. On the other hand, one can speculate that the justices indulged their subjectivity. They felt that the ills of slavery come levels and racial characteristics held by the arbiters of justice in this society materially affect the ability of minorities and the poor to receive that coveted myth of "blind" justice. It might be better if Justice would take off her blindfold and check out what is going on but then she might see what sins she has committed and in shame caste out her eyeballs altogether like Sophocles. The pun is intended, but the message is serious: We are kidding ourselves about justice being blind. More truthfully, the rule is that justice is deeply affected by personal attitudes of judges and lawyers, racism and poverty being more pernicious and open examples of the effect of these attitudes. — fL. ifdj| SifcpteJlHlil 11111118 747-431 1 jjjl p|£PER NEW YORK-MULTISTATE BM{ REVIEW LTD90 Willis Avenue, Mineola, New York 11501 I I H I | Sff mBM |$|r December 7, 1988 The Opinion I 5 �Why Blacks Need A Republican Administration More Than Ever by David Smith In the United States, the Afro- many cases, cannot get past the front door. Today, many negros feel that they are equal with the general populace, believing that they can walk or live wherever they choose. Many continue to run around, light and dark in color, believing they have the option to change their names and lifestyles in order to assimilate with the white populace. Some even believe that all white people at school, home, and/or the government are their best friends. Well, for those blacks who believe such nonsense, they need a rude awakening. This is where the Republican administration comes in. The Republican Adminstration is still in office, and promises a more conservative government than ever before. The Bush Administration, in all likelihood, will be responsible for appointing the next three Supreme Court Justices. President-elect Bush will undoubt- American population has a history quite different from other minorities including other ethnic groups, the handicapped, and homosexuals, who continue to assimilate their problems with blacks as a whole. The main reason is that slavery looms over the heads '/the black populace, weighing heavily upon the amount of time blacks have been in this country. To this day, blacks are considered to be genetically inferior by many of their white counterparts, except, perhaps, in the realm of athletics. In other words, blacks are looked upon as mentally incapable of performing tasks that require intelligence. Unlikeany other group, blacks are black for life and are forced to live in an environment that punishes them because of this. Other groups can walk through an establishment without hindrance, while blacks, in edly attempt to appoint judges businesses is because of the far right of center, hoping that they can withstand the scrutiny of a Congress controlled by the Democrats. Now imagine, abolishing affirmative action, bringing back separate but equal statutes, or even separate but unequal for that matter. Maybe these would be the perfect decisions for blacks, since police bullets and nightsticks, a racist justice system, and a news media that continues to exploit blacks doesn't seem to have awakened blacks. What will it take for blacks to realize that it's time to stop talking, and actually do something about the problems faced by blacks? With these type of judicial decisions, blacks will be affected the most, since whites will not face any problems from a separate but unequal decision. What makes blacks think separate but equal makes a difference? Negros must face the reality that the reason a majority of blacks do not own their own . Garrow Lectures on Civil Rights abstract ideal far removed from economic reality. As Prof. Garrow noted, "lawyers were not seen by the more radical black Civil Rights leaders as the cutting edge of reform." Garrow effectively contrasted the image of the Civil Rights movement as being composed of elite spokesmen against the historical reality of the times. The majority of the protesters were young women, although this is lost on anyone who simply focuses on the attention given the popular ministers. Indeed, the 1956 Montgomery Bus Boycott was a shocking challenge to the NAACP authority which was hitherto unchallenged. A dichotomy emerged in 1956 that grew out of the new vogue grass-roots leadership provided by young idealistic protagonists that challenged the formalistic NAACP old guard. The new vitality manifested in the Southern popular support was guided by King along what Dr. Garrow identified as the best avenue to change: Economic Pressure. By 1966 King had realized from page 1 I that legislative reform would not alter economic suffering. Congress would not equate basic welfare necessities with Constitutionally guaranteed rights. Furthermore, in 1966, Civil Rights faced an adamantly conservative white America that was even less concerned with economic justice than social justice. Breakthroughs were made by King's strategic use of mass demonstrations as a "negative inducement" to foist economic reform upon Congress. (continued on page 12) PMBR Results Speak for Themselves During the last 12 years, PMBR students have achieved the highest MBE scores in many jurisdictions. Here's a sampling of just how well our students perform on the MBE: • • • • • • • • • • • • • • • • • • • Student Paul Watterson Mitchell Barker Gregory P. Smith Jim Byers Louise Werho Thomas DeMarco Jon Pieffer Louis lorio John Coppede Brian LaMotta Russel MacGregor Jeffrey Bard Robert Alexander Rick Jones Ted Smith Wynn E. Clark James Daugherty Jon Thornburg Steven Palmer MBE Score Jurisdiction 186 Pennsylvania Utah Mew Mexico Michigan 177 177 175 171 171 170 170 368 168 167 166 164 163 163 163 Arizona Mew York Colorado Mew York Wyoming Mew Mexico Pennsylvania New York 161 Pennsylvania Georgia Pennsylvania Mississippi Colorado Nevada 161 Arizona 162 WEST COAST OrriCE 1247 6th Street Santa Monica. CA 90401 450 7th Avenue, Suite 3504 Mew York. NY 10123 MEW YORK OrriCE EAST COAST OITICE 211 Bainbridge Street Philadelphia. PA 19147 (213) 459-8481 (212) 947-2525 (215) 925-4109 NATIONWIDE TOLL FREE NUMBER: (800) 523-0777 6 The Opinion December 7, 1988 I [ failure to circulate their black dollars within their own community. In 1986-87, blacks spent approximately 339 billion dollars in the U.S. economy, and have nothing substantial to show for it. The black dollar leaves the black communities transported by foreigners who don't even live within these communities. Hardly can it be founmd this the case for any other American ethnic group. Foreigners, as well as other ethnic groups, continue to plant the seeds of destruction that keep blacks in a depressed state. These seeds of destruction surround black communities just as pollution does in an industrial site: massive bombardments of billboard advertisements, display cigarettes, malt liquor beer, and food that would never be sold in a white community, while blacks continue to pay a higher price for lower quality food. The abundance of these advertisements along with bad food only enhance poor health within the black community. Drugs flow through the urban communities like water, while predominantly white police officers patrolling the urban neighborhoods look the other way. The devilish people that plant such seeds, created such a horrific mind-set of their own. whereas they see it as keeping black people from thinking something stupid like going into politics or becoming a political activist. Keeping blacks in a passive state of mind with two liquor stores and one church on each square block assures American prosperity. Since blacks cannot seem to see the light, maybe it's time for the Republican administration to turn it on before the Democrats and bleeding heart liberals break that light. Supporting a Republican administration will indeed make things a lot worse for blacks, but hopefully for the better. It will especially hurt blacks who feel they have it so good in thefirst place. Yes, this approach may seem somewhat radical, and may hurt blacks who have made it up to this point. Even if upper class blacks are aware of the black populace problems and are forced to lose much of what they already have, they must understand that this administration is necessary for blacks as a whole. Black activists and writers such as Malcolm X, Martin Luther King, Thomas Sowell, and Derek Bell believed in doing what it takes to help blacks as a whole. Blacks must also come to realize that there are jobs available for almost anyone, black (continued on page 14) NAPIL Hosts Conference I by Karen Comstock The National Association for Public Interest Law (NAPIL) is an organization that was created in 1986 by law students from all over the United States. These individuals shared the realization that, due to a number of institutional factors, a legal career in the public interest is out of reach for many of today's law students and graduates. Faced with high educational debts, inadequate placement resources, and funding cutbacks for the public sector, even the most committed are finding it difficult to act on their ideals. NAPIL is actively working to remove the barriers confronting students and lawyers interested in pursuing public interest careers and to promote projects serving the underrepresented. BPILP (the Buffalo Public Interest Law Program) is a founding member of NAPIL. What began as a 12-school effort two years ago has expanded to a NAPIL board of directors that now consists of representatives from over 25 law schools. Currently, NAPIL represents a diverse law school population: students from the University of Hawaii, University of Chicago, Harvard, Boston University, Georgetown, University of San Diego, University of Wisconsin and U.C.-Davis, to name a few. As ÜB's representative on the NAPIL board of directors, I had the pleasure of attending the NAPIL national conference in Washington, DC the weekend of October 21-23. The conference offered a combination of practical workshops and events designed to help students find jobs and to instruct student activists on how to organize around specific issues concerning public interest law: loan assistance campaigns, effective fundraising, advocating for public interest placement resources, etc. came away from these work- shops better equipped to advocate matters involving loan assistance, with many new placement resources (manuals, guidebooks, etc.), and was generally inspired by the organizing activities happening on the many other NAPIL law school campuses. BPILP has since reinvigorated our loan assistance committee withthe assistance of folks from NAPIL. This is a project you'll be hearing a lot more about next semester. The most important function of the conference, however, was that it afforded student activists the opportunity to get together and discuss similar concerns and experiences. There was a real feeling of solidarity among the 200 representatives who attended. NAPIL brought together a wonderful assortment of speakers: attorneys, professors and activists who shared their real-world experiFor instance, a panel titled "Prejudice In The Profession" was held at which Adjoa Aiyetoro from the National Conference of Black Lawyers and Nan Feyler from CUNY discussed prejudice against gays and minorities from both an institutional and personal perspective. These speakers really reached across the line of academic discussion to relay personal experiences that were at the same time humorous and touching. There was a real human element to their presentations. (continued onpage 9) Need Briefs, Memos, Seminar Papers Typed? 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W / and sensibly paced. 1 I Hlk/VPIAN-SMH L; ■ |TTB STANLEY H. ■ ■ _J 26\ ° 1 TortsU___ e2ol D oS°Be|& (800) KAP-PEST (800)343-9188 . .J) \~~~~~ d uPo IBAR REVIEW SERVICES I 1 1 8\ 'Vec°u^e I j U -— ————— MKAPLAN-SMH I ?7 rTTB STANLEY H. CW \ —T 6| AssoC m Ibar review services ■ STANLEY H. KAPLAN ED. CTR. LTD. BUFFALO AREA 1330 Niagara Falls Boulevard Tonawanda, New York 14150-8917 (716) 837-8022 December 7, 1988 The Opinion 7 �OPINION OIST MATI lINIVERSITY OF NEW YORK AT Rl ThALO SCHOOL OJ- LAW Volume 29, No. 8 December 7, 1988 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Staff: Lenny B. Cooper, Eric Katz Contributors: Ted Baecher, Jeffrey M. Blum, Bruce Brown, Martin Coleman, Karen Comstock, Dennis Fordham, Barb Gardner, Michael Gurwitz, Gail Hallerdin, Emmanuel C. Nneji, David Smith i Copyright 1988. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design Words and Graphics, Inc. EDITORIAL The Student Bar Association (SBA) has sought to hamper the operation and policy of a free and independent press by forcing The Opinion to publish articles earmarked for compliance with SBA By-Law 13. This by-law of the SBA Constitution stipulates that all SBA funded law student organizations must write an article about their respective organization and the activities they provided to the law school community. Compliance with this provision must be made by the law student organizations in the Fall and Spring semester. Failure to comply may be used by SBA to deny funding during budget hearings. Although SBA By-Law 13 is vague on the issue of publication of these articles for it does not clearly mandate that The Opinion publish these articles, the official interpretation by the SBA President, Kimi Lynn King, is that The Opinion must publish these articles. It is the belief of the Editorial Board of The Opinion that SBA By-Law 13 hinders the operation, production and layout of The Opinion. To force, coerce or threaten a newspaper to publish any material is a grave exercise of authority that will not pass constitutional muster. The Opinion has the independence to investigate and cover all issues involving the law school administration and the SBA. The freedom to do so ensures the continuance of a free and independent press. Furthermore, no government, student or otherwise, has the right to force any printed material to appear. This is not the first time that the SBA has attempted to dictate to the The Opinion what its "obligations" are. In 1975, the SBA sought to create an atmosphere of intimidation by forming a committee to investigate The Opinion's editorial policy. The end result of this action resulted in The Opinion's budget being tabled and reduced during budget hearings. Today, thirteen years since the investigation, the SBA continues to use the budgetary process as a means of hindering the operations of a free and independent student run press. Relations between the SBA and The Opinion so far has demonstrated the possibility that the events of 1975 will be repeated. This semester the SBA attempted to censor The Opinion's coverage of a pending lawsuit against the SBA by two former UB Law students. The net effect of the strained relations between the SBA and The Opinion, so far, has been a loss of over one thousand ($1000.00) dollars in eventual savings to defray the costs of purchasing badly needed capital equipment essential to the production of The Opinion. Furthermore, the SBA has hampered the administrative function of The Opinion by delaying purchases of needed office supplies and services. Clearly, the SBA once again, as it did in past years, will have to address itself to the delicate issue offreedom of the press. 8 The Opinion December 7, 1988 THEOPINMAILBOX Ewing Comments on JAG Event To The Editor: As chair of the Law School Committee on Military Recruitment, I wish to commend Jim Hayden and other students in the Federalist Society for their responsible and sensitive management of the Mock Courtmartial presentation by the Judge Adovcates Corps (JAG). As you know, early in October the Law School Faculty approved a resolution prohibiting use of Law School facilities by employers who discriminate on the basis of sexual orientation. Because JAG is such an employer, it has been barred from recruiting at the Law School. Since that time the Federalist Society agreed to sponsor a presentation by JAG officers of a mock court-martial proceeding at the Law School followed by a reception. A JAG official assured Jim Hayden that there would be no recruitment activity at this event. When the event was publicized, many students asked me whether the presentation would violate the resolution. I personally thought it might, in part because I believed that JAG intended to recruit one way or another. On the other hand, Mr. Hayden and other Federalist Society members believed the court-martial presentation to be a bona fide educa- tional enterprise within the umbrella of academic freedom and inquiry. The issue became volatile on the day the JAG events were to take place. After receiving a sharply worded letter from the President of the Student Bar Association, Federalist Society leaders met with Dean Filvaroff, Dean Albert and myself to dicuss student complaints and the SBA's position that the planned events would violate the rule against recruiting by the discriminatory employers. The meeting occurred just hours before the scheduled event. After hearing my own views and the Federalist Society position. Dean Filvaroff indicated that, if necessary, he would decide the issue before the scheduled events were to begin at 5:00 p.m. Dean Filvaroff observed, however, that it would be unfortunate for such a decision to be made on such short notice, especially given the potentiallyh divisive consequences of a ruling eitherway. Ultimately, the situation was defused and brought to a noncontentious conclusion by the thoughtful graciousness of Jim Hayden, Federalist Society President, and his fellow officers. Mr. Hayden and colleagues agreed to move the planned events from O'Brian Hall to another building on campus. In taking this action, Mr. Hayden made it clear that he believed that important First Amendment values concerning speech and study were at stake and that the planned presentations would not violate either the spirit or the letter of the Law School anti-discrimination rules. I feel that he and his fellow Federalist officers are to be commended for this decision and for the good faith, judgment, and integrity they showed throughout this difficult and volatile situation. Indeed, there was a coup de grace. Once the program was about to start in its new location, Mr. Hayden was informed by JAG officials that, despite one officer's earlier assurance to the contrary, they did intend to engage in recruitment efforts. Upon learning this, Mr. Hayden emphatically withdrew the sponsorship of the Federalist Society and left the premises before the presentation occurred. I do hope that the JAG officers learned a lesson about responsibility, honesty and integrity from Jim Hayden. Sincerely, Charles Patrick Ewing Professor of Law Cooper Critiques King's Column Dear Editor, After reading Kimi King's review of the movie "The Accused" in the October 26th issue of The Opinion, I recently saw the movie for myself. I walked away from the movie with quite a different perception of it than did Ms. King. Ms. King's main attack on the movie centers on her preception of the film's rape scene in a "voyeuristic" manner. Ms. King seems to be irked by the graphic depiction of the rape and offers that the movie could have been just as effective if the camera had focused on the silent onlookers instead of the victim. This contention is incorrect, and Ms. King's own words belie the validity of such a statement. Ms. King correctly points out that "as law students and lawyers, we often tend to gloss over the brutality and violation of rape." I agree. I believe that rape exists in a category of crimes which are so horrifying that non-victims tend to distance themselves from its true nature rather than confront it head on. But "The Accused" doesn't allow us that luxury. "The Accused" takes us right into the rape. My feelings after seeing that scene mirrored Ms. King's own words: the scene "will make you squeamish, it will make you uncomfortable, and it will make you angry." It did. The movie succeeds on this level: you are repulsed by the crime. But Ms. King goes on to jump on the trendy bandwagon of labeling media depictions of any rape exploitative glorifications of graphic violence. This is exactly what is not happening. The rape scene was not designed to titillate. And it doesn't. Its purpose in the movie is not to arouse sexual appetite; it is to arouse disgust and anger. Ms. King goes on to charge the movie with implying that the victim's promiscuity brought the crime on herself: another common misconception which surrounds the crime of rape. But once again I feel compelled to come to the movie's aid. What Ms. King is implying is exactly what is not happening in this movie. Yes, the movie paints the victim as a promiscuous person but I would submit that it doesn't go far enough. — The movie also portrays the victim as a heroic individual willing to go against all odds and humiliation to stand up for her rights. A simplistic view might be that through this act of moral fortitude she is exculpating herself of all blame. But this was not necessary at all, as there is no blame to exculpate. Nothing that the victim did could put her in a state which made her deserving of what (continued on page 10) Anti-Semitism Ignored Dear Editor: I am writing in response to a letter written in your last issue condemning racial violence in our local community. I wholeheartedly agree with the stance this letter takes. However, I feel that it is important to discuss other types of prejudice that many individuals, law students included, ignore on a day today basis. In fact, some of the same students who wrote the aforementioned letter ignored a certain incident which occurred only a few weeks ago. I was at a party in Ellicottville when a very obnoxious man made clearly anti-semitic comments to me. Though the details are not really relevant here, the incident almost rose to the level of a physical confrontation. Although I was obviously frustrated and upset over this situation, I was told by other law students my "peers" to "laugh it off," that "those guys aren't worth your time." I felt isolated and sensed a complete lack of support, though these people were probably looking out for my best interests and just wanted me to have fun at the party. Only when the man began making sexist comments did the women law students at the — — party support me; we responded by humiliating this man and running him out of the party. Perhaps it is because I am from New York City, more of a "melting pot" type of environment, that I have never experienced such a disgusting display of ignorance directed at my faith. Or perhaps it is because Jews are not immediately discernible as Jews and are easily physically assimilated into the "majority," that I have never really been the object of such prejudice. But what bothers me most is the sense that people stand up for certain causes and not others, whatever their reasons may be, when all of these causes fit into the same fight against ignorance and prejudice. The point is that these small incidents aggregate. The forementioned letterstated that "it is important to condemn such events when they occur." I agree. We must condemn all of these events even the ones that don't seem to be worth it. For that is the only way we can truly destroy the prejudice that still pervades our society. Sincerely, Ellen A. Burach — �Will History Speakly Kindly of The Reagan Revolution? by Andrew Culbertson During the recent presidential campaign, the focus of American politics took a dramatic shift. For the first time in eight years, Ronald Reagan was not a major player within the national political spotlight. Indeed, Reagan appeared to be the odd man out, one who was counting the days until he had to relinquish the office that he had held, and in many ways redefined, for the better part of a decade. When political historians attemptto put the Reagan Administration into historical perspective, they may find themselves torn trying to distinguish between Reagan the man, and the Reagan Administration. Arguably, Reagan the man has been one of the most impenetrable, as well as charismatic presidents of this century. Translated, nothing has seemed to tarnish his image. For example, although Reagan's policies have often proved contradictory, he has, for the most part, escaped the criticism that would have been heaped upon other presidents. Shortly after his election in 1980, Reagan was seriously wounded by a handgun that most rational people would argue was obtained much too easily. To this day, Reagan remains a staunch supporter of the NRA, and has done little to effectuate any type of ban on handguns. At times he has spoken out vehemently against the Soviet Union's oppression of human rights, while simultaneously vetoing the Civil Rights Restoration Act. Although his wife is the driving force behind the "Just Say No" anti-drug canrv paign, Reagan has openly supported President Noriega of Panama, a notorious drug dealer. During the terrorist hijacking in 1985, Reagan made it clear, in no uncertain terms, that this country would not bargain with terrorists. In the wake of the Iran-Contra hearings, in which it was disclosed that weapons had been secretly traded for hostages, this statement lost most of its validity. Finally, the capitalist vs. communist equals good vs. evil mentality, the foundation upon which Reagan attempted to restore America's patriotism, has been dramatically tempered by NAPIL one common theme emerged: these folks love their jobs. Whether they're fighting for legislation to improve working conditions for laborers, trying to curb drug testing or clean up toxic waste, these activists are excited to get up in the morning because they not only enjoy their work, they believe that social change is the only work worth doing. By far, the highlight of the three day conference was the keynote speaker, Arthur Kinoy. Kinoy is a founding member of the Center for Constitutional Rights and the National Lawyer's Guild, and author of the book Rights on Trial, in which he describes his career as one of the foremost "people's lawyers" of our time. He has had a hand in scores of civil rights cases over the past three decades. He has represented "freedom riders" and other civil rights ac- the Administration's recent willingness to negotiate with the "evil empire." Perhaps it's not fair to point to these contradictions. After all, during an eight year presidency, certain policies are bound to change. Also, most Americans would agree thatthe recent advances with the Soviet Union are a good thing, and that the arms for hostages situation may have been well-intentioned. Nevertheless, these multiple contradictions are disturbing because they signify, and have signified, an inconsistent attitude within the Administration. If Reagan has survived the contradictions, he has also shown an uncanny ability to steer clear of the numerous scandals and upheavals that have occurred during his term in office. The average length of service for a Reagan Cabinet member has been slightly longer than the average time expectancy for the New York Yankees' managerial position. While many of the cabinet members and advisors have left on good terms, it's hard to forget the Donald Regans, Edwin Meeses, and James Watts, who were all forced from their positions for one reason or another. In addition to the numerous personnel changes, Reagan has also managed to survive the aforementioned Iran-Contra Affair as well as a major defense spending scandal. Reagan's ability to dodge bullets, a quality that has puzzled many Reagan critics, can be attributed to several factors. Helen Thomas, "dean" of the White House press corps, recently stated that Reagan is basically a delegator. "He doesn't worry himself over momentous decisions, basically delegating the tough questions to his staff," she stated. In essence, this practice has paid off handsomely for Reagan. As Professor Charles Jones points out in his book, "The Reagan Legacy," the public "observes a tendency to blame others for not serving the President well when things go wrong." In other words, when there is a screw up, it's the advisors, not Reagan, who are deemed to have screwed up. However, when things go well, Reagan, not the advisors, is the . from page 6 tivists during the 60s and he (along with a lot of help from his law students and Rutgers University) also represented Adam Clayton Powell when Gerald Ford and others were attempting to kick him out of Congress on fabricated charges. Kinoy was one of the lawyers who represented the "Chicago 7" in that famous trial after the 1968 Democratic Convention. As a speaker, Kinoy is among the best I've ever heard. He tells his stories in such a way that you feel like you're there with him, helping him in the struggle. He talked of rushing from hot spot to hot spot during the height of the civil rights struggle in the South, trying to stay one step ahead of the white racists who were beating up activists and throwing them in jail, in an attempt to bankrupt and exhaust the movement. He ap- the president into a less accountable figure, it's unlikely that his successor will enjoy the same luxury. George Bush is many things, but at least personality wise, he certainly isn't Ronald Reagan. Although Reagan may have re-defined the office for himself, the public will undoubtedly expect more from future presidents. president. While Carter, obviously more of an intellect than Reagan, accepted much more responsibility (which may have one whoreceives credit. A good example of this illogic is seen by looking at the Iran-Contra affair and the recent agreements made with the Soviet Union. The Iran-Contra Affair, perhaps the low point of Reagan's two terms in office, was blamed or. the advisors, while Reagan received most of the credit forthe recent accords with the Soviets. What does this all add up to? Although the logic behind it is a bit strange, it makes perfect sense. Since Reagan is viewed as incompetent in certain areas, the public is more understanding when he makes a mistake. To see the truth behind this statement, one need only compare Reagan with Jimmy Carter. Although they were very different presidents, each one had his shareof ups and downs. However, when Carter left office, he was regarded, at least by many Americans, as a failure. While Reagan has had his share of detractors, he will leave office on much better terms with the American people (unlike Carter of course, Reagan wasn't voted out of of- been his biggest problem), Reagan, as was noted earlier, is a delegator. To the extent that the public knew Carter was largely responsible for his Administration's policies, it was quick to attack him when things went wrong. Along these same line, the public obviously understands that Regan has much less to do with the actual policies handed down by his Administration, and isn't as quick to hold him personally responsible when something goes wrong. The public, for the most part, views Reagan as a nice old man, more of a figurehead than an actual politician. To his credit, he has proven that the president doesn't have to be an intellectual, a scholar, or even smart to "run" the country. Let's face it, here's a guv who needs at least two day preparation to hold a press conference. To suggest that he has a clear understanding of what's going on seems almost foolish at this point. While a combination of charm, charisma, and inability have enabled Reagan to make fice). The key difference between these two individuals is the amount of responsibility each one took while he served as Alas, it's time to say goodbye to an era that gave us "nice" things like the Cosby Show, Hulk Hogan, and, first and foremost, Ronald Reagan. After a decade in which this country suffered through the resignation of. a president and vicepresident, Gerald Ford, doubledigit interest and inflation, and two energy crises, Reagan's idealism may have been a welcomed change. Unfortunately, many Americans would agree that all we've really done is taken an eight year hiatus from addressing such issues as the national debt, mounting social problems, and a "house of card" economy that has grown more and more dependent on foreign imports. Well, goodbye Ron, and good luck Mr. Bush. When all is said and done, you're certainly going to need it. P.A.D. To Initiate New Members Today, December 7th, the Alden Chapter of Phi Alpha Delta Law Fraternity International will initiate its new members from SUNY Buffalo Law School. The event will take place at the Amherst Town Court at 7:00 p.m. in Judge Robinson's courtroom. helpful suggestions on a numberof issues, such as study and exam preparation, problems of burn-out and motivation, job selection and interviewing, summer clerkships, and transition problems from student to professional life. The Alden Chapter of Phi Alpha Delta, or P.A.D. as it is commonly known, has been in There are numerous benefits in obtaining membership in P.A.D. There are over 168P.A.D. chapters throughout the United States, Canada, PuertoRico and Mexico. Our alumni reside in 50 different countries, and we have alumni chapters in 86 metropolitan areas throughout North America. the process of revitalizing this semester. To date, the organization has shown a video tape entitled "Law School: Make It A Positive Experience, How to Avoid First Year Trauma and Come Out Smiling." The video tape is part of a joint venture undertaken between and the P.A.D. Josephson Institute for the Advancement of Ethics to improve the ethics of the legal profession. An important outcome of this venture has been the publication of The Good Lawyer. This #Y» r-» . vfc V\ (home). C<V . I -T.sr I WHfIT ~TRf)D\TIQNfiL x /-. Two hou* cujseo V CHNTIIIMN6 ess*/ QUESTIONS 1 7-£a/ &\J F F/U.O fAO OE L 7\\+, P'*»* ffi-t , ee \\\a£>\ \sl,.+ 3+-+." r \i T I BUFFALO uihe* we „ /-*, b^ J jwiSp-udtnce yi t[]L_y *!«*«*..» fx/)ff) X *»** su6**sr>o*>? make TRf{O\TIONAL VS. xx n x*-rCS>I l+'s i:ta P/?0 TONtZHT f W/U WOuip YEAK f\v3M I"— mK.H**T, tS TTrver A t*CT THAT oH<* A Fool TffOAlE \ /oo\ The only law group of any kind larger than P.A.D. is the American Bar Association. In Fact, almost one out of every six American lawyers is a P.A.D. member. There are many tangible benefits to being a P.A.D. settings. For next semester, the Alden Chapter (Buffalo) of P.A.D. will be hosting informal sessions whereby members will have the opportunity to meet practitioners in various fields of law as well as social events. Anyone interested in becoming a P.A.D. member can contact District Justice Dave Wilson at (716) 873-9393 or Daniel Ibarrondo at (716) 636-2147 (school) or (716) 836-2358 THIS WEEK : F/KST ; TRADITIONAL CLASS VS. S\J> m member, such as student loans, job placement and preparation, and Alumni contacts just to name a few. The "P.A.D. Network" of attorneys enables students to meet leaders of the Bench and Bar throughout the nation. P.A.D.'s professional and social programs help students to improve grades, survive "the grind" of law school and learn about the practical side of law by working with judges and practitioners in non-classroom publication, which was distributed to students at UB Law early in the semester, provides . / »-c VS. a) L- a s I) »p«h boo AT /-6«^7/ boo*, i v,.co>r rV)»r X ie9 *i Buffalo °:l^V«. v^- *' &AT Mi t.fa _ s-ro<J>s?" JT~ 09 1) -W^ (continued on page 14) December 7, 1988 The Opinion 9 �Equality and The Supreme Court needed to be corrected, and interpreted the Bill of Rights to only that issue; address whereas the framers intended the amendments to correct the problem, but without limiting its scope or availability to the group immediately confronted with the problem. This reasoning does not necessarily, or adequately, repudiate the Court's decision or rendei the rationale defective. It points to the subjective (moral and emotional) environment which germinated the Bill of Rights. The justices were moral and emotional elements of the individual subjectivities and values (the smaller picture) culminating in the collective opinion (the larger picture) which created a conducive atmosphere for the acceptance and passage of the Bill of Rights. Several other cases appeared before the Supreme Court seeking invalidation of federal/state laws for the violation of the Bill of Rights. In Korematsu v. United States, U.S. 214 (1944) the federal government enforced a civilian exclusion order directing that after May 9, 1942, all persons of Japanese ancestry be excluded from the area of San Leandro, California. The government feared that some of the Japanese persons in the area maintained allegiance to Japan and, having refused to vouch their unadulterated allegiance to the United States, it was imperative upon the government to effect measures designed to prevent internal ambush. The Court's analysis applied a "strict scrutiny" standard, thereby reiterating the absence possessed of racially determined limitation on the scope of the Equal Protection Clause. In the eyes of the Court, the war emergency satisfied the government's burden of showing compelling interest to justify the racially restrictive classification employed in the regulation. The Court invoked support in Hirabayashi v. United States, 320 U.S. 81 (1943) to exonerate the regulation; but, had the World War II emergency not existed, the regulation most likely would have been struck down. In another case, Hernandez v. Texas. 347 U.S. 475 (1953), the Court did not hesitate to find that the criminal defendant, a Mexican, enjoyed the full protection of the Equal Protection Clause. Hernandez' conviction was overturned because of Texas' systematic exclusion of Mexicans from service as jury commissioners, grand jurors, petit jurors, etc., even though there were Mexicans fully qualified to serve in such positions. If any pattern of interpretation of the Equal Protection Clause is apparent, it is plainly not that it protects any particular racial group. Rather, the pattern is that "strict scrutiny" analysis applies where the government imposes detrimental classification upon an identifiable group based on the group's race. There also seems to be a pattern of mainstream rejection or oppression of such group; or the group is at least vulnerable or susceptible to the whims and caprices of the politically and economically enfranchised. Furthermore, a factual pattern that emerges from these from page 5 I cases is that only non-whites were exposed to the calamities generated by the spurts of racial classification; thus the court's perennial difficulty in Equal Protection viewing claims by whites and nonwhites as fundamentally similar. However, the dialogue engendered by Regents of the Univ. ofCal. v. Bakke, 438 U.S. 265 (1978) and the outcome of the case have intensified the trend toward a liberalized construction of Equal Protection. Thus, the recent ideological shift in the Supreme Court threatens to enhance the essence of the Bakke claim and destabilize the thrust of civil rights and affirmative action programs. The "New Court" will ultimately resuscitate and accentuate Bakke's unsettled disputes, and find ways to redefine the established affirmative action agenda. The opposing ends of the spectrum appear to see the problem as one of "us against them." All those who are conscious of American race history are aware that there was a time when a man or woman, irrespective of qualification, was denied a job or other opportunity for no other reason than race. The traces of such practice have not faded into the distant past, and in fact such practice is presently real in some segments of America. The advent of affirmative action and other government regulations have monitored the incidence of such racial denials. It has created an environment in which those formerly oppressed can acquire the training and experience necessary to compete in the pursuit of comfort and happiness under no pain of racial constraints. It is debated that affirmative action does impose discrimination upon persons who played no part in cultivating the seeds of racial inequality. Some say that one ought not be penalized for what one did not do. Others argue that it is only fair that one who benefits from racially discriminatory practices to the detriment of another ought not complain for being slightly or temporarily exposed to similar detriment that is at worst a partial or negligible equivalent of that experienced by the other. Yet others feel that adverse experiences resulting from affirmative action programs are not comparable to the injustices of slavery and racial discrimination. Many generally agree to this, but feel that the country ought to chart a new frontier in matters of Equal Protection. The other extreme asserts that there is nothing improper where the law is used to correct inequalities originally created and nourished by law. Whose position is more tenable to you? Are all these positions genuine? Some fear that the Supreme Court will eventually tell us. It has also been argued that a major fault of the affirmative action practice is that it imposes a psychological hurdle for those who possess the bona fide qualifications necessaryfor their employment status. In other words, affirmative action automatically relegates otherwise qualified persons, who belong to the beneficiary group, to a lower level of expectation and achievement until they prove merit. Their capacity to perform is not perceptively evident because of the prejudicial presumption that they got where they are not on merits. Advocates of the program maintain that this alleged psychological hurdle needs not overshadow the benefit of the program to the less qualified. It is simply a means employed to remedy the future effects of past discriminatory practices. It is not intended for those who have surmounted the obstacle of racial inequality; rather it seeks to help others overcome such problems. Moreover, the fact of this psychological hurdle, which is unsubstantiated and merely a function of prejudicial social perception, is indicative of a larger racial problem. It is (continued on page 14) The Opinion Mailbox was done to her. A truly brave stand by the movie would have portrayed the victim with no such redeeming values and still make the point that a terrible crime has been done. But for the measure of bad character the film imbues on the victim, there is no way to construe that she was at fault here. trow page 8 "The Accused" offers a horrifying look at the crime of rape something which has not been done often in a society where we often deny the very things which frighten us the most. I applaud the creators of the movie for their daring work. — Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. ({CI PIEPER NEW YORK -T MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 10 The Opinion December 7, 1988 Sincerely, L. Cooper �TACHORESNATION Law School News Brief Cleveland Marshall - John J. Gill, former counsel for convicted Nazi concentration camp guard John Demjanjuk, recently spoke at Cleveland State University about his experiences with the Israeli justice system. Gill maintained that "in orderto prevail in Israel, we had to prove him innocent, a level of proof beyond a reasonable doubt would not be accept- able." Gill went on to state that evidence for the prosecution was easier to admit than evidence for the defense and that similar double standards were used in evaluating witness testimony. (The' — Gavel—Cleveland Marshall College of Law, Vol. 37, Issue 3, Nov. 1988, pg. 8) Hastings On September 9, the Dean of Hastings Law School requested that the Hastings Board of Directors furnish figures on the number of non-minorities who gained admission through the school's Legal Education Opportunity Program (LEOP). Of the current first year class of 120 students, thirty were nonminority, a serious concern in the wake of the controversy over the admissions program that J. Danforth Quayle used to get into law school. Vice President of the Association of Students at Hastings (ASH) Kyle Fischer, an LEOP participant, agreed that non-minority students can have disadvantages that merit special attention but did not feel that affirmative action programs were the proper vehicle for such attention. (Hastings Law News, Vol. 22, #2, Oct. 20, 1988, pg. 1) a reception for students of European descent sponsored by the "European-American affairs in conjunction with the White Allied Law Students Association." (The Commentator, Vol. 23, No. 6, Nov. 10, 1988, pg-3) Student leaders at the University of Miami School of Law are currently attempting to establish a loan forgiveness program for those law graduates who decide to enter the arena of public interest law. While organizations such as the National Health Services Corporation and the National Direct Student Loan Program assist medical school graduates and graduates that teach, such Clerkships Abroad Offered The University of San Diego Law School will offer clinical placements in Dublin, London, Mexico City, and Paristhissummer. In Paris and London, second-year students may work in law firms and corporate counsel's offices specializing in EEC law, international financial law, and international business law in general. There are a few opportunities with international organizations in Paris. Most of the placements last six weeks and carry academic credit. The student's work depends on the legal problems available in the office assigned. Students can expect to do research and draft contracts, opinion letters, and memos. They may participate in client interviews, negotiating sessions, and firm strategy planning meetings. Internships in Mexico and Dublin focus more broadly on a variety of legal matters. London internships with barristers cover a full range of English trial work. These internships are available to first year students. Six summer programs are offered by USD. They are Dublin on international human rights, London on international business, Mexico on law of the Americas, Oxford on non-business Anglo- American comparative law, Paris on international and comparative law generally, and Russia-Poland on east-west trade and socialist law. For further information, write Mrs. Sue Coursey, USD Law School, Alcala Park, San Diego CA 92110. de ntario HOasglo,O The Faculty Council passed a resolution reaffirming Osgoode's committment to the ideals expressed in the Ontario Human Rights Code. The resolution states, besides the traditional anti-discrimination programs are not offered en masse to law graduates in public interest practice. The National Association for Public Interest Law (NAPIL) currently advocates programs (similar to the ones established at NYU, Harvard, and the University of Michigan) at over 20 various law schools across the nation. (Res Ipsa Loquitur —University of Miami School of Law, Vol.B, #5, Oct: 28,1988, pg.l) Harvard University of San Diego New York University A flyer announcing the Women of Color and the Law Symposium, posted on the BALSA bulletin board, was deperpetrator(s) The faced. scratched out the title and date of the successful event and replaced it with an invitation for University of Miami clause, that in order to promote freedom from discrimination, teaching materials expressing discriminatory views be explained and discussed. (Obiter Dicta, Vol. LXI, No. 9, October 31, 1988, pg. 1) The Dean of Harvard Law School has responded to a threatening note left in a female IL's mailbox by vowing to discipline its writer severely. The note, apparently a response to a notice about a pro-choice rally that the 1L published in her section newsletter, read as follows: "I'm sick of your ProAbortion Crap," "I'm going to beat the living crap out of you," and "I'm going to fuck you up." (Harvard Law Record, Vol. 87, #7, Nov. 18, 1988, pg. 1) Albany Martin H. Belsky, President and Dean of Albany Law School, has issued a statement outlining the school's policy concerning solicitation by bar review courses and other commercial enterprises on campus. Although the policy sets designated areas for flyers and tables, it states as a condition for soliciting that solicitation for bar review courses is proited forfirst year students. Any contracts for bar review courses made by first year students is automatically void. (The Issue, Vol. 18, No. 7, Nov. 17, 1988, pg. 13) \&lhy Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR BRI refuses to play this game. We believe that students are mature enough to enroll in a course If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. / M (212) 594 3696 "Where professional responsibility is more than just a course."™ December 7, 1988 The Opinion 11 �Marijuana Survey Analyzed The most striking results from last spring's survey about marijuana use and attitudes at the law school concern the extent of use by UB law students, their favorable attitudes toward decriminalization and their reluctance to express themselves in ways by which they can be personally identified. At the lime of the survey the Anti-Drug Abuse Amendments Act of 1988 had not yet caught the public eye so it was not a factor in people's thinking. Students were overwhelmingly opposed to criminalizing the use of pot, since 86% favored either outright legalization or decriminalization. narrow A majority favored legalization. by Daniel Ibarrondo Cruz - Ed itor-in Chief Reasons for these responses can be found in students' experience and awareness of the actual health effects of pot. Thirty-eight percent of UB law currently students use marijuana, and over threefourths have smoked it at some point in their lives. Although a majority of students felt regular use of pot would have significant harmful health effects, 70% of those responding said it was not more harmful than alcohol. Virtually all those who answered correctly identified pot as being less addictive than alcohol or tobacco. A narrow majority of respondents felt that current regular users of marijuana should not be disqualified from holding public office. Over threefourths said current users should not be denied admission to the bar. Students were virtually unanimous in stating that past use should not disqualify persons from holding public office. When asked whether they would sign a petition to legalize marijuana if they favored legalization a majority stated they would not. However, upon closer inspection it was discovered that a majority of "no" respondents did not actually favor legalization, but only decriminalization. Nevertheless, a significant number of students expressed fear of retribution and blacklisting if their names appeared on a petition. Garrow Lectures Shrewdly, King allied his movement with white businessmen, who for reasons of self-interest understood the benefits of desegration. King's command of the Civil Rights movement sanctioned a mutually necessary alliance of white business with Black Civil Rights advocates. Dr. Garrow finds continued meaning in the alliance of mutual self-interest between disenfranchised blacks and white urban businessmen. "America," Garrow says, "will grow uncomfortable even for the most secure as the racial Survey Results The following are the results of a marijuana legalization survey that was conducted at SUNY Buffalo Law School in the Spring 1988 Semester. The survey, conducted in order to obtain the gttitudes of law students towards marijuana, was in response to the rejection of Douglas H. Ginsburg's nomination to the Supreme Court because of past marijuana use. There were a total of 235 respondents. 1. Do from page 6 economic disparity becomes a greater problem." "Progress," Garrow predicts, "will be an uphill struggle in Conservative America best waged across the country in the manner practiced by King local coalitions of black and white unified by mutual necessity." Again the active struggle for reform of economic hardship is one demanding the energies of committed ordinary citizens, and not the skill of elite NAACP lawyers. This will become increasingly clear with the onset of a more conservative Supreme Court. — 2. 3. 4. 5. believe that marijuana use is increasing, decreasing or remaining the same? Increasing, 16; Decreasing, 91; Same, 73; Don't Know, 53. Do you believe that regular moderate marijuana use is significantly harmful to the physical health and psychological well)being of users? Yes, 146; No, 81. Do you believe that marijuana is more harmful than alcohol? Yes, 63; No, 149. Which do you believe is more addictive? Marijuana, 14; Tobacco, -138; Alcohol, 49. Do you believe that a person who admits having used marijuana in the past should be disqualified on minorities. What is to be done? In theory one couldcounsel complete abstinence from all controlled substances. While I would have no trouble doing this for the drugs that are truly addictive or significantly dangerous, the inclusion of marijuana gives me pause. I honestly believe that for some significant number of creatively-oriented students such advice would be anti-educational in its effects, particularly if these students were to then substitute the more intellectually deadening substance of alcohol for pot. More to the point, however, advice to abstain completely would probably not be followed by many users in any event. People respond more to the immediate situation than to the possibility of an eventual fine. In its actual context the choice of whether to smoke pot will likely appear as one of existential self-definition: do I want to experience closeness with these people who are offering it to me through shared disobedience of a hated law? Shall I join in doing this thing that I find enjoyable? Am I a fearful person or one who is bold? Most people would likely continue to smoke pot and simply risk the long-term consequences, which is exactly what happened when the very harsh drug Rockefeller laws threatened New York's youth with prison for possessing a joint. Ideally the Anti-Drug Abuse Amendments Act of 1988 will be struck down as unconstitutional. Certainly there is much in it that offends the spirit of our Constitution. But the record of higher courts in defending constitutional values against the excesses of the "war on drugs" has not been encouraging to date. Hysteria, even that which is induced and manipulated from above, tends to 12 7. 8. you Smoking License generally white, and, although not avowedly racist, have typically exercised their discretion in ways that impact adversely 6. 9. from holding publicoffice? Yes, 14; No, 217. Do you believe that a person who admits currently using marijuana with some regularity should be disqualified from holding public office? Yes, 103; No, 114. Do you think a person who currently uses marijuana should be denied admission to the bar? Yes, 52; No, 177. Do you currently use marijuana? Not at all, 145; Only occasionally, 61; More than twice a week, 26. How many times in your you life have used marijuana? 1-10, 50; 10-30, 29; 30-50, 15; 50-100, 13; Over 100, 77. 10. Do you think the use of marijuana should be made legal or not? Should be made legal but regulated like alcohol, 111; Should be illegal but decriminalized in all states, as it is in New York, 80; Should be madecriminal in all states, 30. 11. If you support the legalization of marijuana, would you be willing to sign a petition of law professors and students to that effect? Yes, 76; No, 95. from page 4 breed bad law. The battered remnants of our liberal federal judiciary appear to be sandwiched between right-wing appellate judges, many of whom have been handpicked by the Heritage Foundation, and an illusory grassroots consensus in favor of "the war on drugs." Unless significant opposition to the new law's erosion of liberty can be demonstrated in at least some quarters we probably cannot count on the heroics of individual judges to save us from creeping governmental control. There is, however, one curious provision in the new law that may provide a kind of saving grace. Immunity from its civil fines is accorded "if an individual previously was convicted of a Federal or State offense relating to a controlled substance as defined in Section 102 of the Controlled Substances Act" which includes marijuana. In New York we are fortunate that possession of small amounts of pot is a mere civil violation, which gets you a fine more or less equivalent to a fifty dollar speeding ticket. Nevertheless, it is still "a state offense" of which you are "convicted," thereby acquiring a lifelong immunity against the much larger fines of the new law. Persons who wish to do this are best advised to do so before the new law takes effect. After September 1,1989this law purports to add forced community service, confinement to drug treatment programs, and suspension of all federal benefits to your sentence whenever you are convicted of any federal or state offense. While this part of the law is clearly unconstitutional because Congress cannot override the New York legislature in telling New York judges how to sentence under New York law, it would nevertheless be wise to accrue any New York state offense before the aid cut-off takes effect in September or before the New The Opinion December 7, 1988 York legislature gives in to federal pressures to recriminalize marijuana. I am of course aware of the difficulties involved with counseling civil disobedience and at this point would do nothing more than alert people to the possibility and to the fact that something is going seriously wrong in our national government. As a law professor I believe that effective legal means of bringing about change are always preferable to illegal ones. But the first question must be change to what end. Right now two things are needed. First, the Anti-Drug Abuse Amendments Act of 1988 should be declared unconstitutional in toto so that Congress can begin work on a more viable piece of legislation. Although there are ample legal grounds for achieving this result, I suspect it is not likely to come about without some forceful display of resistance to the new law at grassroots levels. Second, marijuana and its derivative hashish should be removed from the federal list of controlled substances so that cities and states can experiment with controlled forms of legalization and/or decriminalization depending on the climate of informed opinion in their localities. Given the realities of safe use, of attitudes toward pot among people under 45, and of pot rapidly becoming the leading cash crop of several states, I suspect this result is destined to be achieved in the not too distant future but perhaps not in time'to prevent major damage to the social fabric of our country. An American people riddled with paid informants and arbitrary exorbitant penalties for recreational drug use is likely to be a bitter, angry, suspicious, and possibly vicious people. This is what must be avoided. The new law proclaims that any liberalization of drug laws at the state or federal level "is a unconscionable surrender in — a war in which, for the future of our country and the lives of our children, there can be no substitute for total victory." As one of the many millions of people who would probably have to be ground down in order for this result to be achieved, I can personally say that I find the prospect horrific. Even people who do not use any illegal drugs and do not advocate legalization should not assume that they will be safe from the terror that could soon follow. There are many possible motives for turning people in money on a per head basis, someone getting his own sentence or fine set aside for turning in others, suspicion that someone may have betrayed a friend, simple revenge for matters unconnected with drugs, e.g., ambitious law students wanting to derail some of their competition for law review, and so forth. The whole situation could very ugly. While individual or small group acts of civil disobedience are worth considering before matters get out of hand, the best tactic is probably coordinated group activity lawfully seeking protection from state governments. In New York this could be done quite efficiently by making some small changes in the existing law. Why not allow violations of the state's possession of marijuana law to occur by stipulation, so that no actual arrest or handling of the substance will be needed? Then have the record of any such stipulated violation sealed so that it will be deemed to exist for one purpose only that of immunity from the $10,000 fine. In return for his or her small fine the violator should receive two pieces of paper, one a record of the sealed violation, and the other a certificate entitling him or her to all the privileges and immunities accruing from the violation. This certificate can then be mailed in and should provide a conclusive defense against any efforts by the — — United States government to levy civil fines. To the extent enrollment in this program is voluntary and done en masse, the administrative and enforcement costs for the state will be negligible. This should allow for a further reduction in the amount of the fine, say to around ten dollars. This might then simply be added to tuition costs or student activities fees, with some provision for students who wanted to opt out of the program and remain vulnerable to the largerfederal fines. Perhaps SASU or some other appropriate body representing the students statewide could negotiate the arrangement with the state legislature and/orthe governor. Since we are blessed in having a state attorney who is a man of high principle, there is hope that he or some other enlightened officials might be of assistance, in getting the necessary amendments passed. While my proposal may appear strange at first, consider the risks we run in doing nothing to reverse current trends. Even those of use who have sympathy for Iranians given their mistreatment by our government should be reluctant to import a domestic variant of the Iranian revolution. Fanaticism, whether of the religious or cultural purification variety, tends to make poor law and breed needless oppression. Given that some currently illegal drugs are pleasurable, relatively harmless and very popular, the goal of a "drug-free America" is not very realistic, at least without the construction of a substantial police state apparatus. I urge that you take the threats seriously and work in the most legal ways possible to preserve your freedom against encroachment. A heavily authoritarian America is likely to be an increasingly deranged America, which is something that in this age of great peril we simply cannot afford. �THNKUKE ALAWYER The Marino Method Listen up. You could learn and memorize every single piece of N.Y. & N.J. law. Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will preidc] LS you ,earn how to develoP pafC yOUF Wn Stud> ' ° l| the kind ofresponses that will gain you critical points on the exam. 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Wk\ * - - December 7, 1988 The Opinion 13 �NAPIL ImagirationLaw: Buffalo District Court To Hear Immigration Cases This fall two important cases will be heard in Buffalo challenging the constitutionality of section s(b) of the Immigration Fraud Amendment of 1986 ("IMFA") which states that any alien who marries an American citizen during the pendency of deportation proceedings must leave the United States and stay abroad for two years before his citizen spouse may petition for him to return as a legal permanent resident. IMFA was passed by Congress in 1986 in order to protect against marriages of convenience by illegal aliens who quickly arrange marriages to U.S. citizens to gain the right to live in the United States. Kamran Behbahani, who fled Iran in 1982 and arrived in the United States on a tourist visa in January 1986, had filed for political asylum. He married his spouse, whom he had been dating for seven months, on March 1987 and she filed an Immediate Relative Immigrant Visa Petition for her husband. At the time of their marriage, they were not aware that section s(b) of the IMFA compels the alien's departure directly as a result of marriage. Joe Oldman Yogar, a Liberian national, married an American citizen on March 1987. They have a daughter who is eighteen months old. Mrs. Yogar filed an Immediate Relative Immigrant Visa Petition for her husband which was denied citing section s(b) of the IMFA. The immediate relative petitions for these two plaintiffs would be approved by the Immigration and Naturalization Service (INS) if they left the U.S. and resided abroad for two years. Although the government has a legitimate interest in detecting fraudulent marriages, penalizing the perpetrators, and denying immigrant status to aliens who seek to obtain lawful residence on the basis of a sham relationship, section prohibits s(b) any individualized determination of the critical issue, namely, the legitimacy of the marriage, and, solely because of when the marriage occurs, imposes the two year bar irregardless of the effect such exile will have on the marital relationship, on the citizen spouse, or any citizen children. Thus, the timing of the marriages is of crucial importance. Had the plaintiffs married their respective spouses THE PASSWORD: Ml 4 y SyX " Sevenlh Avenue. Suite 62 (212) 594-3696 (201)623-3363 before deportation proceedings had been initiated against them, the two-year bar would not apply and the marriage would be considered as bona fide. The issues plaintiff raises are whether section 5 of the IMFA violates the Due Process Clause by denying the plaintiffs an opportunity to show that their marriage is genuine or by creating an irrebutable presumption that the marriage is fraudulent and whether section 5 deprives the plaintiffs of equal protection of the law by arbitrarily and irrationally distinguishing them from others similarly situated or by singling out a class of otherwise admissable persons to receive harsh penalties unrelated to any criteria for admission. In efforts to keep the above in America, Ms. Elizabeth Buckly, Ms. Ellen Yacknin and Mr. Gerald Seipp are handling the constitutional challenges through the auspices of the Immigration Clinic at the SUNY Buffalo Law School. In federal court papers filed this fall, they argue that the law gives no consideration to bona fide marriages. They contest the governments' right to prejudge all marriages made during deportation hearings as fraudulent and the exclusion of waivers to contest it. The clinic provides low-cost legal aid to indigent immigplaintiffs rants. There have been several constitutional challenges to the IMFA, but none successful. The cases, which have been consolidated, pending before U.S. District Judge John T. Elfvin and U.S. District Judge Richard J. Arcara are the first in Western New York. For the Yogar's, there is an additional appeal of a deportation ruling which will be heard by the Board of Immigration Appeals in Washington, D.C. The cases will be heard this month by U.S. District Judge Richard J. Arcara. ment. Kinoy strongly emphasized the role of law students in the cases he's been involved with over the years. He pointed out that he alone could never have achieved the successes gained; that the strength of the movement came from lawyers, students and activists working together. His closing words to the audience of prospective lawyers was advice that is timeless: "Those of you who aspire to greatness in the profession must immerse yourselves in the agonies of the times." Arthur Kinoy is a living example of greatness in our profession. . Blacks are receiving too many handouts. The welfare programs available are depriving blacks of the opportunity of upward progression. Welfare should be cut entirely after two years, longer given severely extreme circumstances such as eleven kids, one parent, and no job. Terminating welfare at the end of two years would end abuse of the system and would force people to find jobs. Wei14 fare, in many cases, is paying blacks more money than (not meaning to sound redundant) McDonalds or Burger King. The welfare program creates a dependency and laziness to work, along with many other social programs given to blacks. Black on black crime, teenage predrug alcoholism, gnancy, abuse, number running, and depressed housing can all be avoided if the black population would pull together, and stop spending their handouts on such needless things. With Democrats in office or in Congress, blacks will not prosper, but suffer. A Democratic government at the federal and/or local level is a major reason why blacks are in the situation they are today. Many people say education is the answer, and I believe this is true. If we take away all the handouts given to blacks, many especially the young, will place a higher value on education. Many blacks will stop dropping out of school and continuetheir education in order to get what they want out of life, instead of receiving handouts which give them good reason to drop out of school and collect. School teaches people the importance of work, and maybe some will learn the basic aspects to enable them to become entrepreneurs. Teachers should be hailed as the most important people in our country. The low pay that teachers receive, coupled with a lack of enthusiasm on the part of the students, gives teachers every reason to have a low incentive to teach. Keeping people in school due to their inability to abuse the system or receive benefits for a long period of time, will give teachers a higher in- . The Opinion December 7, 1988 centive to teach. Teachers will know that students in school no longer have a choice but to learn. Teachers will also realize that without these handouts, many blacks will be kept off the streets. When I speak of education, I am speaking of getting a high school education, at least forthe meantime. Collegeis expensive, and unless scholarships are provided for black youths, many will go to work unless their parents can provide otherwise. Blacks must come to terms and realize that neither the Republican nor the Democratic party is concerned about the black population as much as they appear to be. If all blacks decided to vote in the election, the government would be sure to change the electoral college in the following election. This in turn would take more urban polling places available in the suburbs, a region were many blacks do not have access to. Many blacks, and whites for that matter, probably question why I decided to print this article. Well, it is for the purpose of black awareness and the need for a mobile progression that educated blacks can take part in helping accomplish. There are too many bourgeois blacks or neo-negros walking around this school and many others in society, forgetting where their roots originated from. If it wasn't for the older generation of blacks whorisked their lives to get where they are today, blacks might not even be in school. Forgetting the heritage of black forefathers will do nothing but create mass genocide within the younger and older black generations. Yes, this is a black problem, and whites who try to under- standwhat I am saying may understand only a fragment of whatblacks are facing, let alone the sad conditions many blacks are living and working in. Slavery, which no other group in this country has experienced, has brainwashed the black culture to the point that negros tend to forget that it ever happened, while whiteAmerica has already forgotten. Blacks have been forced into a position where whatever has to be done for future progression must be done primarily on their own with little help from others. Blacks consistently talk and/or complain abouttheir problems, but in the final analysis, nothing is ever accomplished, at least not as much as there could be. The same goes for any ethnicity, unless they do something about the situationthemselves. In order to get my point across, I had to be straight to the point. Many of my colleagues will either chastise me, calling me too black and too strong, or insist that I am looking for trouble within this school. That is not the case, and it is very degrading to hear other black students state that one must work with the system. For the most part, that is a lot of nonsense. The Negro populace has been working with the system for a long timeand have actually regressed. Blacks need to work within the system. Too many blacks have been trained to be seen, but not heard. They fear that they might lose whatthey have, not that many have much to lose in the first place. Blacks who fear losing will continue to pledgeallegiancetotheflag before they pledge allegiance to their own oppressed and eco- . from page 10 another facet or definitional twist to the pattern systematically evident in previous EqualProtection/affirmative-action analysis. It would be wrong to surmise that the happiness of one race must come at the expense of the other race(s). Given the present state of the dialogue, achieving mutually inclusive happiness is the ideal. It is intuitively feasibre; pragmatically it is a pain in the wrong place, and there seems to be a collective failure to recognize and deal with this fact. But a Supreme Court constituted of justices Who lack any form of sensitivity to the needs and concerns of unpopular factions of society will rapidly achieve mutually exclusive happiness. One can only hope the evils of the past will remain just that: the past. Republican Administration or white. However, social programs given to blacks are the major impediments that create high black unemployment. The homeless complain of no work being available. How can this be when there are many farmlands that are more than willing to take in the homeless, provide them with food, shelter, and, most of all, work! People should no longer have to step over people who lay in the street, or people who impede your path with a threatening look in you don't place change in their cup. Farms are just one solution if the homeless decide not to work at McDonalds, Burger King, or any other of the fast food chains that are busy scrambling for workers. Whether the jobs available are skilled or unskilled, menial or not, they are jobs! If the homeless decide not to take these jobs, rest assured that foreigners and illegal immigrants will. I am sick and tired of hearing the bleeding-heart-liberals complain about the needs of the homeless, black or white. When you ask one of these liberals to take a homeless person home with them, and feed and clothe them until they get on their feet, many no longer chirp that song about the homeless. That's right, they become silent. from page 6 serve of energy and commit- Equality perhaps a euphemistic expression of a maligned social mentality, serving as a form of "civilized" momentary excuse (instead of being blunt about how you feel, you choose more subtle methods to say what you want without looking like the bad guy); and once the excuse is gone another one is concocted to serve the same purpose. In the end, when all the votes are counted, the stakes stated, the appointments made and confirmed, and the cases are brought, the Supreme Court will do one of two things both of which are predictable through the trajectory of constitutional equality: it could choose to maintain the present course supported by a wealth of precedents and jurisprudence; or it could introduce .. pears to have an endless re- nomically from page 6 depressed people. My same colleagues will continue to repeat the words "...with liberty and justice for all." Many blacks also believe they should keep singing the old Negro spiritual "We Shall Overcome" or "We Can Overcome With Our Capacity to Love." These are the blacks that have already lost their mind! In conclusion, I must say, I am not a racist. Far from it. I like almost all people, regardless of their color or handicap. The time has arisen for someone to take a stand in order to forward his own culture, a culture of intelligence that is in the need of guidance due to its present situation. Too many blacks go astray when the reach the higher echelon, particularly highly educated negros. I am a black man in this school, who feels that a stand has to be taken without fear. Blacks must protect their heritage at all costs, what little there is left. I might be on the other end of the voting majority of blacks, but who said that the majority is always right? A Republican administ constitutes a group of vatives that is needed to tighten the loose ends of the black population. History tends to repeat itself, and maybe another era of the 1950's or 60's is needed. Underthe Bush administration that era might just return, hopefully making things better as a whole for the black populace, unless blacks don't wake up before this happens. I realize what I am saying sounds somewhat harsh. Eight years, evidently, wasn't enough. Maybe another eight year plan is necessary to wake up the sleeping black populace. �Student Organization News Great Lakes Face Massive Toxic Poisoning by Ted Baecher The Great Lakes provide 24 million people with drinking water, yet contain some of this nation's largest toxic waste sites. Sports and commercial fisheries derive substantial economic benefits from the Great Lakes, yet many fish in the Great Lakes are not fit for human consumption. The Great Lakes are one of this nation's most precious natural resources, yet continue to be the basin for untold pollution and waste. Tim Eider, a field coordinator for Great Lakes United, addressed these paradoxes and other Great Lakes environmental issues at a lectur on Wednesday, November 9th, sponsored by the EnvironmentalLaw Society. GreatLakes United is a coalition of 200 groups which provide a unified voice for various environmental groups concerned with the Great Lakes. Its goal is to protect, conserve, and properly manage the resources of the <3reat Lakes by educating citizens on Great Lakes issues, furthering conservation efforts, encouraging environmentally sound economic strategies and promoting public support and coordinate citizen action on Great Lakes issues. The biggest problem facing the Great Lakes, according to Mr. Eider, is the toxic waste that is dumped both in and near the Great Lakes and the non-compliance of both state andfederal governments with the Great Lakes Water Quality Agreement. The Agreement, signed by both the United States and Canada in 1972 and amended in 1978 and 1987, provides certain guidelines by which the discharge of toxic wastes is to be regulated. The most "prescient" of these provisions, according to Mr. Eider, is the "zero solution," which is an agreement to eliminate the discharge of toxic waste into the Great Lakes. Because the Agreement has no binding force on either the Canadian or U.S. its objectives government, have not been implemented. Furthermore, according to Mr. Eider, a "lack of political will and commitment" on the part of both the Canadian and United States governments has led to continued discharge of toxic wastes into the lakes. As an example of governmental inertia on a local level, Mr. Eider pointed to the Hyde Park landfill in Niagara Falls. The landfill, which is less than half a mile from the Niagara River, continues to leak toxic waste into Lake Ontario despite "litigation, hand-wringing and negotiations" to have the waste removed or cleaned up. The tremendous danger posed by Hyde Park is the possibility of leakage of the one to two tons of pure dioxin stored irv the landfill. Canadian scientists, when doing a survey of the area for the Canadian government, estimated that "one shovelful of dioxin into Lake Ontario would render the lake lifeless," according to Mr. Eider. Despite the Water Quality Agreement and environmentalists' efforts to have the toxics removed, bureaucratic inefficiency and lack of governmental initiative have allowed an extremely dangerous problem to persist. Although Mr. Eider stressed the need for continued compliance with the strict water quality standards of the Agreement, he also believed that the most effective manner to deal with toxic wastes was through source reduction. "Instead of managing pollution...we have to attack toxic substances before they become waste." According to Mr. Eider, this proposal may require "going into the factories and requiring substitution of hazardous process materials for other less hazardous materials." This method, although the most effective, is also the most difficult to implement because it requires "major changes in the way society functions and operates to eliminate toxic substances." Mr. Eider saw a great need for law students to become involved in these kinds of changes and to consider environmental law as a career option. Mr. Eider thought it a "fantastic idea" to establish an Environmental Law Clinic at SUNY-Buffalo Law School to work with local community Jewish Law Students The Jewish Law StudentsAssociation is a cultural organization which provides the student population and the Buffalo community with educational programs emphasizing both Judaism and law. JLSA sponsors guest lecturers on topics concerning important societal issues involving the Jewish community, conducts fundraising events to elicit financial sup- port from students and faculty and sponsors holiday celebrations as well as social events in conjunction with other campus organizations. The SUNY Buffalo JLSA is affiliated withthe National Jewish Law Students Association. that contains some of this nation's worst toxic waste sites, and an Environmental Law Clinic would give students an opportunity to get hands on experience and work at becoming good environmental lawyers." Jim Monroe said the Environmental Law Society is actively seeking to establish such a clinic. The only way any plan to clean up the Great Lakes will be implemented, said Mr. Eider, is "if there is a committed community in the public behind that plan." Great Lakes United is one such community, and it is the hope of members of the Environmental Law Society that an Environmental Law Clinic will become another. Law Is Alive and Well In BPILP by Barb Gardner It is said the more things change, the more they stay the same. This, unfortunately, is true of government administrations but, fortunately, is also true for the level of interest in and support forthe Buffalo Public Interest Law Program (BPILP). Our membership has grown and we anticipate another productive year. Last spring we conducted our first "work-a-day-in-the-publicinterest" pledge drive. Students and faculty were asked to pledge one day of their summer wages to a fund for public interest internships for second and third-year students. Last summer three first year stu- dents were employed by Farmworkers' Legal Services, Legal Services for the Elderly, and Prisoners' Legal Services. Their salaries were paid by the BPILP. Originally BPILP received $7,000 in pledges; to date, approximately $6,000 has been received. However, due to new and increased pledges, we anticipate total receipts of $8,500. This will assure four students of summer employment with local public interest agencies. Our 1989 pledge drive will be held in April. In the meantime, our volunteers are participating in the law school phone-a-thon to raise additional internship funds. But BPILP doesn't just raise money —we raise consciousness. On Wednesday, November 9, we were pleased to present Professor Muhammad Kenyatta and Judith Olin, Esq. of Neighborhood Legal Services, discussing the role of the activist lawyer. On March 9, 1989 we will co-sponsor a lecture by Arthur Kinoy. Sidoti, 1984). The list can go on and on, but that isn't the point. What is important is the realization that the struggle for equality is ongoing and gets more difficult as racism takes on a more sophisticated and subtle nature. As Black people we are too painfully aware that America's "justice for all" need not include us if our exclusion is permitted by social conscience, economics, or law. It is this awareness that underpins the commitment by BLSA to deal with the problems facing not A very popular BPILP project is the implementation of a loan assistance repayment program. More information on this in the weeks to come. We welcome your suggestions and we appreciate your support. A Message from BLSA... The Fourteenth Amendment was ratified in 1968. In the overall scheme of things, that date doesn't seem so impressive when we take a look at the following facts: 1. There were still state statutes on the books forbidding interracial marriages as late as 1967 (Loving v Virginia, 1967). 2. Prior to 1984, a woman could be divested of the custody of her child if she married a man of a different color. (Paimore v only the Black Law Students as but also those problems existing in theBlack community ÜB, as a whole. America has held out the promise to eradicate the barriers to equal opportunity. It is our feeling that while great historical strides have been made, the struggle is far from over. On Behalf of BLSA, Gail Hallerdin, President, Black Law Students Association . SBA Hinders Free Press The motion was passed and tabledfor reconsideration after SBA Treasurer Greg Vinal warned SBA of the constitutional issues involved. Mr. Ibarrondo Cruz in response to the confrontational attitude taken by some SBA members, stated, "I can't believe how quickly a body of law students would condemn an organization and be ready to cut allocated funds in clear violation of the constitutional guarantees of due process. Although they were wise enough to table the matter, I'm shocked in how SBA sought to condemn now and discuss later." be requested by filling out a request slip outside O'Brian Rm. 509. Any student having additional questions may contact Peer Tutorial by leaving a note outside O'Brian Rm. 509. Mr. Ibarrondo Cruz also stated, "The Opinion, although partially funded by the SBA is not an arm of the SBA as SBA would like to believe. The Opinion is a free and independent student run press, not an SBA newsletter, that serves the law school community. As a free and independent press, The Opinion is not a newsletter for SBA nor the administration for that matter." The Law School Bookstore (Mimeo Room) will be closed December 8, 1988 through January 16, 1989. Spring semester hours will be posted later. Ivan Khoury, SBA Vice-President, contacted by The Opinion to discuss the SBA meeting, stated that although he was confused by The Opinion issue, he sees The Opinion's point as a valid one. Peer Tutorial Project Peer Tutorial Project is a student-run organization that assists students in general study skills, exam taking and preparation as well as substantive course content. Peer Tutorial conducts group programs and one-on-one tutoring sessions. Group programs are usually conducted for first year classes and Tax I and announcements are made in those classes. Oneon-One tutoring sessions are available all semester and may groups, including Great Lakes United, to help confront the problem of toxic wastes and other environmental concerns in the Great Lakes region. Jim Monroe, a member of the Environmental Law Society, concurred, "It makes sense to establish an Environmental Law Clinic here at SUNY- Buffalo Law School. We live in an area Although the issue was tabled pending the appearance of the entire Editorial Board of The Opinion before SBA, it appears from page 1 1 that some SBA members will continue to try to exert undo influence upon The Opinion's editorial policies. Moot Court Board Congratulations to the following individuals who have been offered membership on the Moot Court Board: Honorary Members Wade Coye Vincent Doyle Steven Gaynor Kevin Knab Thomas Laurino Frank Loss James Snashall Karen Murray Leah Ranke Kathleen Ranni Coillen Sloan Edward Smith Kathleen Smith Lawrence Wood Current Board Pattilynn Babajane Katie Baumgarten Associate Members Margaret Barton Christina Berninger Deidre Bowen Mary Catherine Callahan Nan Clingman Barbara Colucy Thomas Deßoy Kathleen Doyle Patricia Drmacich Kelley Eikmair Frank Fontana Grace Gannon James Grasso Gary Hall Beth Irwin Donna Karas James Kennedy Kimi King Jonathan Kurens Shawn Lavery William Levine Jeffrey Markello Catherine Marra Daniel Mentzer Mary Mikan Elpiniki Moumoulidis Lauren Breen Benjamin Bruce Siu Lan Chan Richard Cohen Elizabeth Deutsch Barry Covert Sarah Faherty Susan Feitoza Joseph Frazier Joseph Goergen Shawn Griffin Barry O'Melinn Kenneth Peshkin Salvator Sanfilippo Alexei Schacht Thomas Smith Judee Smolarek Karen Surber Peter Strong Lisa Valvo Adam Vodraska Paul Weiss Jason Wohlford Kenneth Yood Executive Board Robert Boreanaz Suzanne Garvey Timothy Greenan Maryjo Raczka Joseph Rizzo December 7, 1988 The Opinion 15 �New York Bar Exam Bar Review Course Enrollments Summer '87 Summer '88 f3700| 4000+ g2ooog Pieper *)A Josephson/ Kluwer Courses Combined c/t/\ DUU ntsss I 80 i *iAt ™™ 1 I I I 150+ Enrollments based upon head counts at course locations. BAR REVIEW 16 The Opinion December 7, 1988 1988 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1988-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1988 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/461da13283663c626d8d27c07ddfe0a2.pdf 8ca63f93213ee324a699c835343935bc PDF Text Text THE OPINION Volume 29, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 10, 1989 Yale Law Professor Joins UB Law Faculty Lucinda Finley is one of the latest additons to the UB Law faculty. She began teaching here in January and is happy to be in an environment where she feels comfortable expressing her viewpoint. by Donna Crumlish Managing Editor A graduate of Columbia University School of Law, she served as Law Clerk to Judge Arlin M. Adams (U.S. Circuit Ct. of Appeals for the 3rd Circuit), and worked for two years as an attorney in the Washington D.C. firm of Shea and Gardner before accepting a teaching position at Yale Law School. Why Leave Yale? Ms. Finley eventually felt the need to leave Yale and bring her ideas to a more receptive environment. "I've been teaching since 1983 at Yale Law School and that was not a particularly happy home for me. I was working in the area of feminist theory and I also have ties to the Critical Legal Studies movement and I was the only one of those creatures at Yale. I felt very isolated, and embattled to say the least." relationships Although colleague weren't all she had hoped they'd be at Yale, Ms. Finley was happy with the students. "I was very happy with the student aspect, the students are extraordinary and it was a very informal place for them." Unfortunately, good relationships with students weren't enough to make up for the lack of support from her colleagues. Buffalo had always been in the back of her mind as a place where she would be accepted and a phone call from Betty Mensch encouraged her to look at the JAG Controversy Revived by Jennifer Latham Approximately one week after FBI Officials received a response to their request for information concerning the law school's recruitment policies, both the Buffalo News and the local radio stations reported that UB Law School bars the FBI and military recruiters. Associate Dean Lee Albert has confirmed that the FBI and military recruiters (and any other organization that will not agree to the law school's anti-discrimination policy) will not be allowed to use university facilitiesfor recruitmentpurposes. This ban is based on the addition of sexual orientation to the school'santi-discrimination policy. This addition, which was endorsed by practically all faculty members, was the result of a student initiated policy organized by the school's chapter of the National Lawyer's Guild. The Guild's position paper states that a policy of non-support for employers who discriminate according to sexual preference is consistent with the Governor of the State of New York's Executive Order 28. This order expressly prohibits any state agency from discriminating on the basis of sexual preference in delivering its benefits or services. The Guild's position paper also points out that a policy which prohibits employment discrimination is in agreement with the position of SUNY's Board of Trustees. Resolution 83-216 states that the Board of Trustees expects that all judgments concerning actions toward students and employees will be based on their qualifications, abilities, and performance. However, not all law students believe that the anti-discrimination policy is consistent with state law and existing university policy. The Federalist Society has researched the law school's anti-discrimination policy and argues that it conflicts with both state and federal law in addition to university and SUNY policy. The anti-discrimination policy will be the subject of much discussion within the next few weeks. The President of the State University of New York at Buffalo, Steven B. Sample, has promised to examine the controversy and to assess whether the law school can ban the FBI and military from recruiting. FBI officials hope to meet with Sample to resolve the controversy. The president's staff and the FBl's media representative have been unavailable for comment. possibility more seriously. "Over the course of my teaching career I'd gone to conferences and things like that and I'd gotten to know some of the people on the faculty here and I was very impressed with them and some of the things they'd told me about this school." "Judging from the people that I knew, many of them were connected with feminist theory or critical legal studies as well, and I thought 'there are a lot of them there, this place must be receptive to them." "Betty Mensch had heard I was having my difficulties (at Yale) and called me up one day and said 'You wouldn't consider coming here would you?'. Almost within two weeks of that phone call they arranged for me to come for an interview." "From what I saw at my interview here, I liked the style of interaction among the people on the faculty, the people were very friendly and there was a nice informality about the place. When I had the meetings with the students they sort of backed that up." Ms. Finley also was attracted by the qualifications of the faculty in the areas in which she wanted to teach. "I also work in the area of labor law and this school has one of the strongest collections of people in that area of any school." . "This is a big jump for me, Yale had fewer women. When I started there were only three women and there were never more than five at any time I was there." "I felt very lonely and isolated and I always felt like a curiosity. Colleagues . Women as Professors Although she admits that women who want to be law professors do not have the same struggle that they might have had 25 years ago, it still is not as easy as it would be for a man. "It's definitely harder, because as a woman you don't fit anyone's stereotypical image of a law professor." Ms. Finley says that because she is a woman and because she looks young she has to face problems that a man doesn't, particularly being mistaken for a student or a secretary. "If a man wants to look older he can grow a mustache, I can't do that!" At least now she has the advantage of being at a school that is actively encouraging women to join its faculty and which already has more women on its faculty than many schools. would often ask me for the women's view on something and I would tell them 'I'm sorry, I can tell you my point of view but I am not every woman and I can not speak for every woman." This semester Ms. Finley is teaching an Employment Relations course and a seminar with Isabel Marcus called Production, Reproduction and Power. These two classes are representative of Ms. Finley's main teaching areas: Labor and Employment Law and Feminist Theory. Employment Relations Ms. Finley describes her Employment Relations class as "an attempt to look at all of the aspects in which the law affects the work place relationship, beyond what you get in a collective bargaining, labor law or employment discrimination course." It includes such topics as unjust discharge, employment at will, benefits of unemployment, health and safety, legislation to protect pension rights, AIDS in the work place, drug testing and the rights of employees versus employers. Production, Reproduction and Power This seminar is an attempt to explore issues dealing with the relationship between women at home and in the work place. "It's a feminist theory seminar, looking at the ways in which the worlds of the (See Finley, Page 3) Archbishop Desmond Tutu Speaks At Alumni Arena It was the largest gathering ever at the University of Buffalo Alumni Arena. More than 10,000 people, composed of representatives from the Buffalo City Council, community leaders and UB students, gathered to hearthe Most Reverend Archbishop Desmond M. Tutu lecture on the human rights situation in South Africa. by Daniel Ibarrondo Cruz Editor-in-Chief There was standing room only in Alumni Arena as bodies pressed against each other to provide room for thosewho continued to make their way into the arena. The crowd was treated to a soothing instrumental prelude performed by the Erie County Wind Ensemble and an exhilarating and uplifting performance provided by the Buffalo Community Choir. Dr. Steven B. Sample, President of the University at Buffalo, who introduced Archbishop Desmond M. Tutu, began by thanking all the members of the Buffalo community and UB which made the appearance of Archbishop Tutu possible. Archbishop Desmond M. Tutu, an eloquent speaker who was awarded the 1984 Nobel Peace Prize for his lifelong committment to the human rights situation in South Africa, began his lecture by displaying his humorous side by recounting his appearance in California when from his motorcade he observed the crowd screaming, whistling and blowing car horns. He then commented to his wife on the wonderful welcome the organizers of his appearance had planned, only to find out that the cheers were for the 49'ers. Entering into a synopsis of the evolution of apartheid, the South African government's system of racial segregation, Archbishop Desmond Tutu denounced the establishment of the Bantu homelands. Black South Africans were made aliens in the country of their birth by white South Africans, a small population which has total control of the government and business apparatus, when their citizenship was taken away. In turn, the South African government established homelands or "nations" within South Africa that would confer citizenship on the black population. These black "nations" held, by the South African government, to be independent nations established within the boundaries of South Africa have only been recognized internationally by South Africa. "When you turn people into aliens, commented Archbishop Desmond Tutu, you are saying that they have no rights in the country of their birth." The Archbishop, ordained an Anglican priest in 1961 and educated in South Africa and England, further stated that the establishment of the Bantu homelands were destroying the black family in South Africa. Black men who work in white areas, which happen to be situated far from the homelands, must leave their homes for eleven months out of the year and live in hostels provided for them by their employers. "Black family life," said Archbishop Tutu, "was being undermined by a deliberate government policy to destroy the black family." Ironically, the South African government has a holiday called "Family Day" to honor the family. Archbishop Tutu seemed perplexed at the audacity of the South African government to call itself a "christian country" when the outcome of every aspect of it's policies and laws affect'the majority of the populace. Commenting on the South African government's attempt to "reform" apartheid, Archbishop Tutu quipped that they (the South African government) were reforming apartheid to make it "slightly comfortable." He compared the South African government's attempt to reform apartheid to Nazi Germany making gas chambers for Jews "more humane." Making reference to the recent state of affairs in South Africa and the government's non-yielding stronghold on the apartheid system, Archbishop Desmond M. Tutu reaffirmed his lifelong belief that "apartheid cannot be reformed, it must be destroyed." He stated that black South Africans "want a South Africa where race does not count, where race is irrelevant." On an uplifting note, Archbishop Desmond Tutu made reference to white South Africans aligning themselves with anti-apartheid advocates. He stated that there were a large growing number of whites who refused to join the South Af- (See Tutu, Page 11) �TMNKUKE A LAWYER The Marino Method Listen up. You could learn and memorize every single piece of N.Y & N.J. law Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will prepare Ur own stud>7 guide; as you learn how to develop V° the kind ofresponses that will gain you critical points on the exam. Even if you don't know the applicable law or mt |p This interactive, student-involved approach is backed by Marino Books—the new gold standard of bar review mhm| law and its principles. In other words, it's a test :■:• ..— of your capacity to First, W * ~*9l IP--—' 1 , first name in Bar Wk I JRI 5 '/ 1^?!" The Method At Work. 6, Joe Marino will guide you through ail the law that's pertinent to the exam. Unlike other Marino Comprehensive N.Y. and Marino Comprehensive NJ. are H the first and only completely self-contained bar review systems, programs that lx)mb;ird you witn an ava^'ulcne °f printed covering all preparatory aspects of the N.Y. & N.J. Bar Exams. M material, or Constructed around The Marino Method, these are the most expect you to behave like a parrot thorough and effective programs available today. And with Marino 0 " ■M (Comprehensive you pay one low price. That's all. W& who can take steno; m ____J distill this There are no add ons, no ancillary or material I L^p__ H Joe will costs °f an V kind, no other courses to take, no £| pertinent law down | T Wk 'i to And other payments to make. So start thinking like a J its essentials. I he'll teach yon how lawyer. Take a kx)k at the various bar review courses >J1 BaBSMS^ to memorize them with total recall, using easy-to-learn J""""""'""'! available to you. Investigate, evaluate, analyze techniques which have been refined and perfected tor and compare. BMBfl \ over 40 years. Then he'U show you how to apply this law to actual problems, which are presented in the same way they will appear on the exam. This 2 The Opinion February 10, 1989 £t2££/2£&&HL **rfrc'*~ *y/ /? / fj jpp^&<*f cc You in c^ass ' Marino Bar Review, Inc. 115 E. 19th St, N Y N V 100°3 212-420-9800 - - 1-800-J-MARINO. �Women Law Students Join Pro-Choice Protest by Ellen A. Burach On Saturday, January 14th 1989, over 500 people who advocate a woman's constitutional right to terminate her pregnancy gathered in Niagara Square in downtown Buffalo to mark the sixteenth anniversary of the Supreme Court's deci- sion in Roe v Wade. This is the landmark decision that gave women the right to have safe and legal abortions. The gathering consisted of speeches by Isabel Marcus, Associate Dean of UB Law School, Mary Jean Collins, Public Relations Director for Catholics for Free Choice based in Washington D.C. and Kathy Jackson of the Pro-Choice Network. The gathering also consisted of a candlelight vigil to commemorate the thousands of women's lives that have been saved because of the Roe decision. It was sponsored by the Pro-Choice Network of Western New York and was attended by members of many groups, including the Association of Women Law Students. A woman's right to choose abortion as an alternative to pregnancy has come under recent attack by Anti-Choice groups across the nation. This gathering was just one of many responses to these threats. A women's right to terminate her pregnancy may also be in legal jeopardy; the Supreme Court has agreed to review a Missouri law that severely restricts a woman's right to have an abortion. The speakers discussed abortion in a women's rights perspective; a woman is a living, thinking, human being, not an incubator. She is capable of making decisions concerning her own body without governmental or state interference. A woman should be able to exercise, her own religious beliefs without anyone imposing their own religious beliefs on her, as many Anti-Choice groups are attempting to do. The Anti-Choice groups, in their concern for "potential" life, are totally disregarding a living person's rights and interests the pregnant woman's. On Monday, November 28, 1988, the Association of Women Law Students collected approximately 200 signatures for letters that were sent to Mayor Griffin arguing for retention of a woman's right to choose. The Association of Women Law Students has been cooperating with the Pro-Choice Network and will be sponsoring future pro-choice events. Anti-Choice groups in this area have been protesting many doctor's offices and clinics that perform abortions. They have even succeeded in temporarily closing certain clinics without being arrested. Many Western New Yorkers feel that this is because of Mayor Griffin's clear partiality to Anti-Choice, and it is no coincidence that this partiality is reflected in the Buffalo Police Department's responses to these protests. The Anti-Choice groups have also been chanting religious songs outside of the homes of doctors and men and women — Art and The Law: Lecture Series to be presented Sunday afternoons February 19th and 26th and March 12th and 19th at the Albright Knox Art Gallery Auditorium All four lectures are free and open to the public Faculty Candidate Interviews by John McGuire A Banking Regulation course may soon be taught by Richard Sander, a faculty Law School candidate who talked to students on Monday, Jan. 23, in thefifth floor faculty lounge. Sander, who holds both an expected doctorate in economics and a law degree, cum laude, from Northwestern University, saidthat he expects that banking law will be his major focus upon receiving an appointment from UB Law School. "I'd also like to teach in other areas, such as employment discrimination, property, torts, or labor law," he added. Sander would also be interested in teaching a law and economics course. He stated that economics cannot be just a simplified analysis of markets. "Economics is powerful, like nuclear technology it can produce both bombs and cheap energy," he said. Therefore, it has to be applied to understand the efficient allocation of scarce resources so that it can usefully combine different concepts and come out with a suitable outcome, Sander added. Sander's teaching method would be a combination of doctrine, empirical research, and policy considerations. He explained that not only does he wish to consider the rules in the courses he — teaches, but whetherthe "law(s) are good or bad." He also discussed the results of his dissertation on housing segregation. "Blacks aren't as isolated as they used to be, but from a segregation scale of 0 to 100, they're probably still around 70 to 80 percent," he explained. Sander added that the cities which have integrated faster are all located in the West, where the black populations are much smaller. The prospective teacher also criticized Jack Kemp's new idea for "enterprise zones," which would eliminate all zoning laws in order to keep businesses in urban areas. "It's just a way of getting rid of all those laws which maintained industry and manufacturing standards," he said. The best way of undertaking such a program is to develop a case-by-case program that utilizes objective criteria, Sander added. Sander is the first of three faculty candidates who will be coming to the law school this semester. Anothercandidate's background will consist primarily ofcriminal law matters, according to Lisa Sizeland, a third-year student and a member of the Appointments Committee. that advocate a woman's right to choose. These actions raise serious questions of privacy and are currently being addressed in the Buffalo and Amherst Common Councils. Although some individuals generalize and belive that individuals who advocate a woman's right to choose are radical "leftists," the Pro-Choice network has conducted only clearly legal demonstrations and it deplores tactics of intimidation that have been utilized by Anti-Choice groups to prevent women from exercising their constitutional right. They also support facilities that provide safe, legal reproductive health care to women in our commu- nity. Many of the Anti-Choice members are so enamoured with the supposed religious perspective of the issue that they fail to, or do not want to, understand that ProChoice does not mean Anti-Life. Pro- Choice means that a woman should be able to make the decision to terminate her pregnancy withoutthe interference of either the church or the state. If you would like to be a part of the Pro-Choice Network, or would like more information, please contact Ellen Burach, Association of Women Law Students, Box #35. Kandid Kamera, Inc. AWLS' February Agenda ASSOCIATION OF WOMEN LAW STUDENTS BULLETIN by Lisa Yaeger We would like to join in welcoming the newest member of the SUNY at Buffalo Law School faculty, Lucinda Finley. Ms. Finley has graciously agreed to speak to the student body on behalf of the Association of Women Law Students on her current area of interest on Wednesday, February 22 at 4 p.m. in the fifth floor Faculty Lounge. The topic of Ms. Finley's talk will be "The Response of the Tort System to Women's Injuries: A Case Study of DES Litigation." The drug DES is a synthetic hormone given to women between 1947 and 1971 to prevent miscarriages. All students and faculty are encouraged to attend. A second event is "in the works" on the continuing topic of health law. AWLS has been working closely with their counterparts at ÜB's Medical School. The result is a workshop that is tentatively scheduled for Tuesday, February 28 at 6 p.m. in 109 O'Brian. The topic for discussion is "The Medical and Legal Aspects of In Vitro Fertilization and Surrogacy." We plan to have a panel discussion comprised of two physicians and two attorneys who will speak to those issues raised. After a question and answer session, we will adjourn for a reception. This event is the first one that has brought the Law School and the Medical school together in such a forum, and we hope it will generate a great deal of interest in the students and faculty here at UB Law. Those interested in taking a more active role in helping to plan this event should contact Lisa Yaeger at Box 271, Judy Buckley at Box 32, or Brenda Schaeffer at Box 225. Lucinda Finley from page 1 work place and the worlds of the home, which are often thought to be completely separate, are actually very interconnected and interdependent." Ms. Finley and Ms. Marcus are also going to explore issues dealing with how the law and the medical profession are starting to view medical technology and reproduction. Bunting Fellowship Ms. Finley spent last semester studying at the Bunting Institute where she was awarded a fellowship. Bunting is part of Harvard and Radcliffe and is an institute for the scholarly and artistic endeavors of women. Of 5,000 applications received yearly only 40 fellowships are awarded. Ms. Finley will continue to spend some of her weekendsthis semester at the institute where she is working on a book on DES litigation. DES was a drug given to pregnant women in the late40's, 50's and early 60's, which was later found to have many side effects, including cancer, in the daughters of women who took DES. "I'm interested in how the tort system responds to women's injuries I've .. been interviewing DES daughters, both those who have sued and those who haven't, about their experiences with the ways they've been injured and their motivation for suing and how they felt the legal system responded to their needs. For those who haven't been able to sue, I'm exploring their feelings about not being able to sue." Currently there is a lot of frustration among plaintiffs in New York State involved in DES lawsuits. "At the moment all of the New York DES cases are suspended because the drug companies are fighting the constitutionality of the statute of limitations." Ms. Finley is looking forward to her position at UB Law and invites her students to stop by her office at any time. bo? fori V 415 V.enth Avrnur. Sirlit hi New York. Ntw York IOOOi (211) 514 3696 (101)62333M February 10, 1989 The Opinion a 3 �I I I I I I I I I I I I I I I I I I IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 _ 4 The Opinion February 10, 1989 I I I I I I I I I I I I I I I I I I �\li/hy Worry? I I I I This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to I I I I switch programs. I BAR/BRI refuses to play this game. IWe believe that students are mature enough to I enroll in a course. If they believe they made a I mistake, they are mature enough to change I I I I I I I I I I I I I I I I I I I I I courses. If a student signs up with BAR/BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students' confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. (bwbn I I I I I I I I I I (212)594-3696 I "Where professional responsibility is more than just a course.**™ I 11987 BAR/BRI February 10, 1989 The Opinion 5 �OPINION kW^T STATE I 'NIVERSITY OF NEW YORK AT BUFFALO SC:HOOL OF LAW Volume 29, No. 9 February 10, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Donna Crumlish Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota Jeff Markello Staff: Lenny B. Cooper, Eric Katz Contributors: Ellen Burach, Vincent Falvo, Jennifer Latham, John McGuire, Lisa Yaeger Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the sutdent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Board Gives Opinion New Look The Editorial Board of The Opinion has decided to add a few design changes to the newspaper in order to enhance the format and layout of the paper. Beginning with this issue changes will be made throughout the semester until a comfortable medium can be reached. Some changes that occurred last semester have been well received by our readers and subscribers. These have been the placing of law student organizational news and topics together under one section ofthe paper and the new addition of our editorial board column titled "Across The Nation." Last year, the Editorial Board began a massive nation wide campaign, including Canada and Puerto Rico, to exchange law school newspapers with selected law schools. We felt that there are numerous happenings and news items occurring in other law schools that can further our knowledge in either covering a news story or seeking viewpoints on similar happenings here at UB Law School. The Editorial Board feels that our knowledge of law school administrative practices and activities are greatly enhanced by the national newspaper exchange program when we find that a particular law school is not isolated in dealing with certain issues. We have also decided to expand our column size to the larger four column wide layout design. The switch from ourtraditional five column wide print allows for easy reading and less strain on the eyes. There will be more layout changes in the next few issues thanks to the purchase of a new computer system and layout software made possible through the auspices of the Student Bar Association. We plan to include more pictures and graphic designs in order to enhance the overall look of the newspaper. We hope you, our readers, enjoy the changes that have been made and will continue to be made. Should you have any comments or suggestions on future changes we would like to know. The Opinion Mailbox 1L Upset Over JAG Ban Dear Editor: It seems evident that the JAG fiasco is finally over. What a poetic conclusion for what I see as the most irresponsible and unconscionable product the left has yet produced at U.B. Law. Specifically, Associate Dean Albert's misguided quotations in the Buffalo News on 1-19-89 were the zenith of the JAG fiasco. Therein, Dean Albert purports, "The change in our policy mirrors university policy and also the stated policy of Gov. Cuomo." Indeed the change in law school policy "mirrors" university policy; that is, the change employs smoke and mirrors to achieve this false alignment of policies. This is not to say, however, that the Dean was intending to be disingenuous, but it is to say that had the Dean actually bothered to consult the U.B. administration (which controls a//facilities), he would have been told that U.B espouses an open recruiting policy whereby all employers recruit without the recognition of anything more than state and federal civil rights laws. The foregoing comment by Dean Albert is precisely where he shoots himself in the foot. I seriously doubt that President Sample shares the Dean's perspective on recruiting bans. In fact, I see the president conceivably lifting the ban and reinstating the federal recruiters in the name of: 1. university policy; 2. S.U.N.Y. policy; 3. N.Y. state law; and 4. federal law. Governor Cuomo's Executive Order, cited as authority by the l-Hate-Jag brethren, just doesn't hold water in the face of conflicting state and federal laws. One wonders why the JAG has recruited at the law school with impunity during the five years between the Governor's order and the JAG bar? One is also awed at the facility with which the l-Hate-Jaggers turn the Governor's order into a slab of taffy to be pulled and shaped according to the desired end: barring JAG et. al. Some not-so-insignificant questions I have are doesn't anyone recognize that Article VI, section 2, of the U.S. Constitution grants thefederal government supremacy in all cases of conflicting interpretation of federal/state laws (or orders)? Doesn't anyone know that "sexual orientation/preference" is not I repeat not a protected class in Title VII Civil Rights Act of 1964? Doesn't anyone know that the U.S. Supreme Court has consistently upheld the military's legal "discrimination" against homosexuals? I am not indicting only the faculty here. Kimi Lynn King, in the Opinion of 9-14-88 states in her issue-spotter on pg. 9 regarding JAG, "The last short-sighted argument is that 'well, it's the law.' Yeah, and Plessy v. Ferguson was on the books for a long time and laws were made to be changed." Is it my imagination or is Ms. — — Dave's Demons 6 The Opinion February 10, 1989 year law student and SBA President? She also states, "A career in the military is a lucrative one." Well, I hate to rain on Ms. King's parade (charade?), but I am a U.S Marine Officer and I can say with authority that I won't be driving a Mercedesaround Parris Island during my tour. Enough said. It seems she has taken a furlough from the letter of the law and Congressional pay scales. How about a little more responsibility, Ms. King? Supposedly, you are charged to responsibly execute your office. And what of Troy Oechsner's 9-14-88 article in the Opinion accusing the law school of being complicit in discrimination? The only thing worth questioning here is why Mr. Oechsner sees it necessary to use the "over 35 and handicapped" smokescreen to vindicate his exclusively gay-rights issue? Obviously, the U.S. military cannot have a 90-year old handicapped person in a combat-infantry capacity. Lastly, Mr. Oechsner rhetorically asks why JAG discriminates against a trait that "has nothing to do with job performance (as counsel)"? Well, Mr. Oechsner, the answer is that before one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional conduct incumbent on all U.S. Officers as prescribed by the President, the Congress, and the Dept. of Defense. Mr. Oechsner, homosexuals just do not meet these standards. Had you known anything about the U.S military, you'd have known this, yet you feel obligated to talk on anyway. In sum, when this ridiculous JAG bar is finally lifted, those weeping will have nobody to blame but themselves. Had anybody bothered to actually consult the law, they would have known that they didn't have an argument. Now the law school, its administrators, and those students involved look like fools in the eyes of the public. Until this law school learns how to act responsibly, and not have Dumbo-sized ears for special interest concerns, it should not wonder why it's not in the top-ten public. It seems that in this case the left gets left-out. Let's have a little more regard for the law and a little more respect for those who serve this country unselfishly. One last matter of business. I believe we have a law school Dean who is supposed to be a little more diplomatic and responsible than what we've seen on the JAG issue. Given the recent media ballyhoo over the ban, I have one question: Where was Dave???? Dan Majchrzak Section 111-11. 1-23-89 Smith Article Critiqued by Robin D. Barnes Support Our Law School Basketball Team — King admitting that JAG is within the law, yet she personally deems it ripe for change? I think not. Is Ms. King a third As a proponent of First Amendment liberties, I have been challenged on a number of occasions last semester (pursuant to a special research project) to reconsider my somewhat absolutist position. Indeed the recent article by David Smith has contributed to this process. I have discovered that the First Amendment is not just about communicating and receiving ideas, "it's about how to think about such matters as our beliefs, and about the fears and anger we bear towards the contrary beliefs and behavior of others." Initially, I would have voted to suppress Smith's article, as I would the right of Nazis to march in Skokie. Each inflicts unnecessary pain. Nevertheless, after coming to grips with my own pain, I agree that the evils of intolerance and suppression (in Smith's case) are infinitely worse that those of folly. THE ARTICLE It remains unclear to me why Smith continuously interchanges the words black and negro, perhaps there is a 'state- ment' within his statement. I missed it totally. A. Regarding Blacks Smith has stated the following: 1. White America considers us genetically inferior 2. Government handouts have CREATED black unemployment 3. We can surely agree to be sharecroppers, AGAIN 4. We are dependent and lazy because of welfare 5. We drop out of school in order to get welfare 6. Government handouts keep blacks on the street 7. Black Schizophrenics sing "We shall overcome" B. He then acknowledges the presence of: 1. Police bullets, night sticks and a racist Justice System 2. The Seeds of Destruction surrounding us like pollution 3. Low quality (high priced) food, and poor health (See Smith, Page 7) — �The Opinion Mailbox Albert Explains Non-Discrimination Policy Dear Editor: One might be bemused by the eruption of publicity over the Law School's antidiscrimination policy, save that the issue is too serious for polemics or misapprehension. This Law School has long been committed to the goal of equal opportunity for employment of its students and graduates. Given the Law School's success in admitting a diverse student body reflecting different experiences, attitudes and talents, the commitment has great significance to our students and faculty. The goal of eradicating discrimination in legal employment also is one for which American law schools and the legal profession have a special responsibility. To further this goal, the UB Law School for many years has had an anti-discrimination policy that denied the services of its Placement Office and the use of faculty and other offices for interviewing to employers who utilize certain criteria in interviewing and hiring decisions, absent a showing of a relationship to professional qualification or performance. The list of forbidden criteria has grown over the years from race, gender, ethnic origin, religion, to include disability, age, and marital or veteran status. This policy implements and goes beyond the dictates of federal civil rights and equal employment orientation to the anti-discrimination policy. The amending process began about two years ago with a Student Bar Association resolution requesting protection of gay and lesbian students. Audrey Koscielniak, the Career Development Administrator, and later a faculty-student committee, undertook a careful study of therelevant legal materials and policies and practices of other law schools. At the faculty meeting on September 16, 1988, approving the change, the faculty heard statements in support of theamendment from many student organizations, including the Student Bar Association, BLSA, LALSA, The Women Law Students Association, and the Buffalo Law Review. Subsequent to this amendment, employers utilizing placement services were given a form containing the following statement: School Non-Discrimination Policy: The SUNY/Buffalo Faculty of Law & Jurisprudence is committed to a policy against discrimination based on race, color, religion, creed, sex, handicap, national origin, age, marital status, sexual orientation, or veteran status. Accordingly, the placement facilities are available only to employers whose practices are consistent with this policy. Use of the placement facilities is restricted to prospective employers and students who agree to abide by the placement office's policies and procedures including its non-discrimination policy and NALP Principles and Standards for Law Placement and RecruitmentActivities. Submission of this form signifies the employer's agreement to abide by the law school's policies and principles. The Judge Advocate General Corps of the United States military in Fall 88 agreed that it could not abide by the policy. Instead of visiting the Law School it widely circulated in student mailboxes a letter informing each law student of opportunities and job availability. Ms. Koscielniak entered into discussions with the Federal Bureau of Investigation, primarily over whether their age and disability policies were bona fide job qualifications. Pending a statement from the Bureau, interviewing at O'Brian was placed on hold, though FBI job information and hiring material remained available in the placement office. Students wishing to explore job opportunities with JAG or the FBI are not significantly prejudiced by the denial of Law School placement services. An interview in downtown Buffalo rather than in O'Brian Hall offices is the principal incovenience to our students. (Law School job applications to JAG or the FBI, I suswill not be down this year or subsequently.) New York State executive policy, including official SUNY Trustee Policy, is entirely consistent with, and indeed supports, theLaw School's sexual orientation ban. SUNY Board of Trustee Resolution 83-26, invites and well accommodates the Law School's inclusion of sexual orientation in its anti-discrimination policy. The 1983 resolution requires that personal preferences of individuals that are unrelated to performance, such as sexual orientation, shall provide no basis for judgment of individuals. It also prohibits harassment of individuals and mandates "appropriate action to implement this policy of fair treatment." The broad prohibition of discrimination on the basis of sexual orientation in Executive Order No. 28, "in the provision of any services or benefits by (any) state agency or department" (November 18, 1983, as amended 1987) also lends support to the Law School's denial of placement office services to employers that discriminate on the basis of sexual orientation. In assessing the force of these SUNY and executive policies, the law faculty was cognizant of the regulatory and judicial decisions under federal equal opportunity laws, which impose on an employer or institution a responsibility to safeguard members of protected groups from a hostile environment and demeaning or insulting experiences. Informing a student during an interview that "we do not hire people your age or of your sexual orientation" has the potential for just such insult or humiliation. Such discrimination also causes gay or lesbian students to conceal their membership in organizations and prior work experiences. The law faculty also considered the applicability of other statutes, such as 37 U.S.C. §§301 (a) (2) (A). That Act, as narrowly construed in the revised Department of Defense regulations, 32 C.F.R. sec. 216.3 (a), denies Defense Department learning where such divisions do not provide access for military recruitment. Nearly two decades of inaction underthis statute and the 1984 Department of Defense regulatory revision amply demonstrate a national policy "to minimize involvement with placement consistent with the statute." 49 F.R. 22802 (June 1, 1984). Since this Law School does not receive Department of Defense funds, no issue is raised under this statute. The claimed conflict with national policy or "pre-emption" is frivolous. Similarly, the Law School amendment is consistent with the New York statute mandating access to the military for recruitment "on the same basis as access is provided to other persons." Section 2-A Education pect, N THIS Law. The anti-discrimination policy does not target the military or any other employer in relying on general categories of discrimination. Further, a judicial decision holding that the military policy of exclusion for sexual orientation does not violate the Constitution is not a declaration of the wisdom or propriety of that policy. It plainly is not the equivalent of a finding that sexual orientation is related to the professional qualification of an attorney in JAG or elsewhere. Similarly the Court has upheld under the Constitution laws imposing an age disqualification for a foreign service or law enforcement position. These decisions are not controlling on the constitutional validity or the acceptability of age disqualification for lawyers. Finally, need we be reminded that all that is constitutional is not wise or good? Perhaps because of their own regrettable history, the legal profession and American law schools haveexercised a special professional responsibility in fostering equal oppor- Sincerely, Lee A. Albert Professor and Associate Dean .. 4. Illicit drugs flowing through our communities 5. Black on black crime, teen pregnancy, drug abuse, alcoholism, depressed housing conditions 6. The sad living and working conditions of most blacks 7. Low incentive of teachers in public schools 8. Strategies formulated to defeat the effective use of franchise power From which point he still contends that the neo-conservative (neo-cons) assault on affirmative action, civil rights and social programs, will wake up the crazies. C. Ostensibly, Smith concludes that we should: 1. Forget about assimilating 2. Spend our money in our community (On stale food and drugs?) 3. Work at Burger King 4. Despise the homeless because they choose their lifestyle 5. Work, not with the system but, within it? 6. Remember our roots and stop com- ' plaining Those of us WHO KNOW BETTER, black and white, have our work cut out for us. The message conveyed by Smith is vaguely reminiscent of arguments advanced by the Nazis at Skokie, as to why all Jews, Blacks and Latinos should be forcibly deported. The only "benefit" secured under conservative domination, arguably, is the right to bear arms. We may all need them, if, indeed the Nazis are coming. The best thing about Smith's article is that it reminds me how susceptible the masses are to certain types of manipulation. The from page 6 complex forces which have worked throughout history, that account for the socio-economic status of blacks today, seem to have totally escaped a man I reasonably assumed to be 'educated. The fact that a black man, in particular, is mouthing the neo-con creed sends fire through my blood. Now I understand why Skokie Holocaust survivors considered David Goldberger (who was Jewish) a traitor, because while defending First Amendment liberties he simultaneously defended the right of Nazis to march. Smith's conclusions, however, bespeak more than an ill-informed prognosticator who claims to have a working knowledge of what Martin Luther King Jr. stoodfor. Smith has issued a moral indictment against an entire race of people, my race, my people. Thus, I'm stating the obvious, he has demonstrated to me, that he doesn'tknow anything at all. If he were truly interested in getting a message to "the sleeping blacks who are dropping out of school to get welfare," then perhaps, he would have chosen a more appropriate forum. Moreover, contrary to Smith's conclusion, I am convinced that the great majority of blacks have not forgotten their roots. Every day many are employing their own special talents and spare resources to make things better. Many whites are to be applauded for their roles in nurturing the principles of justice. My experience at SUNY-Buffalo's Law school supports my belief that while we may not all be on the front lines, many are working behind the scenes at every opportunity to improve our lot. — WEEK: L-ANV SCHOOL PARTY Vi 0"" NEXT: the New York Bar Association's House Delegates just recently endorsed a resolution deeming sexual orientation irrelevant to the professional qualifications of a lawyer. The A.B.A House of Delegates will soon consider a similar resolution. Many American law schools have anti-discrimination placement policies similar to the ÜB. Law School. Among those having a similar policy which presently has the effect of excluding the military from using its facilities are Yale, Harvard, Stanford, Columbia, Pennsylvania, New York University, the City University of New York, U.C.L.A., Minnesota, Rutgers and Ohio State. Yet numerous other law schools include sexual orientation in their anti-discrimination policies, but the status of military access for interviewing is unclear. I hope this hastily prepared statement clarifies the history and legal basis for the Law School's placement policies. Smith Critique . . r r—-) *• J* tunity and combating group prejudice. Hence l <"-+ "**v l& Wtr GRAPES *Q* Jjl *».«Tt / yl-et» \ , |\ j *.«*«. huk *•"* February 10, 1989 The Opinion 7 �A CROSS from the University with neither the student association or SBA having any independent funding. Imposition of the fee would have doubled funding to student organizations. The president of GWU attempted to market the student fee to law students by suggesting that the extra money might be used to set up a loan forgiveness program. The Law School newspaper, The Advocate, spoke out against this proposition in its January 9th editorial, saying "Selling an increased total education cost to support a program of subsidy is akin to blaming the victim." (The Advocate, vol. 20, no. 8, January 9, 1989, pp. 1, 2) THE NATION Law School News Briefs allowing students to take more courses University of Maryland in areas that interest them. (Res Ipsa Loquitor, vol. 8, no. 6, November 18, 1988, pg. 1) University of Maryland The Student Bar Association of the University of Maryland is conducting a poll to get student input on the current class ranking policy. The SBA feels undue weight is placed on the competitive ranking system and suggests other options such as eliminating the ranking system altogether or grouping by three or four categories (i.e. top 10%, top third etc.). (The Raven, vol. 1, no. 2, December 2, 1988, pg. 5) University of Miami University of Miami Students at the University of Miami are unhappy with the Law School's current curriculum requirements. The curriculum, referred to as the "Chinese Menu" is divided into four groups: Personal and Business Transactions, Public Law and Process, Perspectives and Legal Profession. Students are required to take a designated number of credits from each group and four seminar or workshop credits. In a survey conducted by the School's Curriculum Committee, 59% of students did not feel the curriculum requirements promoted its goal of ensuring a well rounded education. Many students feel the requirements limit flexibility by not Cleveland-Marshall Cleveland-Marshall Cleveland-Marshall faculty member Robert Catz is a member of the defense team for impeached U.S. District Court Judge Alcee Hastings. Hastings gave a series of three lectures at the Law School during the first semester. Hastings was indicted for bribery in 1981 but acquitted in 1983. He was impeached by the House of Representatives in August, 1988 and faces trial in the Senate this March. He is charged with fabricating a false defense in his trial. Hastings is challenging the Constitutionality of the Judicial Council's Reform and Judicial Conduct Act of 1980. The Act empowers Councils of each circuit to investigate and sanctionthe conduct of Federal Judges. Hastings also feels the issue of double jeopardy should come into play but the government claims impeachment is a civil proceeding and double jeopardyonly applies in a criminal proceeding. Hastings plans to fighttill the end, "... I was not born a judge and I do not have to die one, but I was born a man and none of those people will cause me to quit." (The Gavel, vol. 37, no. 4, December 1988, p. 5) New York University New York University A Jesse Jackson poster was burned on a Law School resident's door late in November. The poster burning was the sixth incident of racially motivated vandalism or harassment in the first semester. The incidents included the defacement of a Women of Color brochure and harassing phone calls made to a student. Dean of the Law School, John Sexton, requested that a full investigation be carried out by NYU Protection. (The Commentator, vol. 23, no. 7, December 1, 1988, pg. 1) When you party remember t0.,, YjARTy/ £**&%*> Don't get wrecked. If you're not sober- or you're not sure let someone else do the driving - George Washington U. A message provided by this newspaper and Beer Drinkers ofAmerica George Washington University The student body of George Washington University rejected the imposition of a $16.00 student fee in the 1989-90 school year. GWU currently has no student fee imposed on undergraduate or graduate students. Many feel that law students were instrumental in defeating the referendum, their vote equalling approximately one quarter of the total vote. The student bar association endorsed the measure on the condition that 50% of the fee paid by law students would come back to the law school. Currently, funding of student organizations comes directly ***** * * Ml BEER DRINKERS OF AMERICA PARTY*SMART National Headquarters 2900-D Bristol St., Suite 201 Costa Mesa, CA 92626 714-557-2337 1-800-441-2337 Beer Drinkers ofAmericasupports National Collegiate Alcohol Awareness Week. BeerDrinkers of America is a non-profit consumer membership organization open (inlylo persons over the age of l\' Take Their Word For It WW I was very satisfied with the BAR/BRI Bar Review Course and I would and will recommend it to others! 99 Graduate, SUNY at Buffalo School inof Law Name on BAR/BRI 8 The Opinion February 10, 1989 BAR/BRI \ \mooo �£¥$Rrf?Wt Spring Semester Discount BAR REVIEW When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989Regular State New York ■ ■■<■■ !■■■ You Pay only $975 $1050 .N. i. New Jersey ■■■ $825 Massachusetts, Conn., Maine, NH.RIorVT ..i.i. i. $925 Spring Semester Discount 1989 Regular Tuition New York New Jersey $1050 $950 $825 (N-f/\/\ $725 Conn., Maine, NH.RIorVT $925 \|>lUU ftfiT/HFT/ J^^J L^^/relew 415 Seventh Avenue. Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 . $850 Class of 1991 & 1992 Ctato Massachusetts, ■ $ 750 Ct7C ty t %J Class of 1990 olcuo ' ■ 160 Commonwealth Avenue Boston. MA 02116 617/437-1171 You Pay only ' *_ Spring Semester Discount You Pay only $900 {tMKO _ $825 \J>IUU $675 $775 Remember: The last day to secure tlllS QISCOUrII IS. '"7* - — Mc /r/JrfdU/ItCP A $50 'OO'Stration 'cc re se r ves • w s ;;.nce February 10, 1989 The Opinion 9 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your complete bar review course. Schedule • VideoMarchLecture 7th — O'Brien Room 109 Thurs. March 9th Room 109 —O'Brien Sat. March 11th 1330 Niagara Falls Blvd. Sun. March 12th 1330 Niagara Falls Blvd. Tues. ___ KA PI AN-SMH 7:00 P.M. -10:00 P.M. 7:00 P.M.-10:00 P.M. 10:00 A.M.-1:00 P.M. 10:00 A.M.-1:00 P.M. For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. __, M STANLEY H. t- [ I IVll irfml *kJI Wll M L V RAR REVIEXA/ SERVICES Rk [800] KAP-TEST The Opinion February 10, 1989 10 [800] 343-9188 - "-'3° £R iv 1330 Niagara Falls Blvd. TonawandTNerYoril!ls(W9l7 ' (716) 837-8022 Cl9BBKaplan . SMH PRINTEDIN J �Super Bowl Scenario Surpasses All Expectations by Andrew Culbertson As time ran out, the Cincinnati Bengals were on the verge of winning Super Bowl XXIII. Leading 16-13 with three minutes to play, the Bengal defense had San Francisco deep in its own territory. However, as Forty-Niner quarterback Joe Montana approached the line of scrimmage, you might have thought, looking at his face, that he was calling signals in pre-season scrimmage. Facing the most important drive of his illustrious career, he seemed as collected as ever. Indeed, as "Joe Cool" prepared to take the snap from center, one got the impression that it was the Bengals, not the Forty-Niners, who were worried. Great moments, in any context, are rare, and the realm of athletics is no exception. A great moment, at least in athletics, is not so much the product of the actual accomplishment(s) itself, but more a combination of this accomplishment with the circumstances under which it occurs. To hit three home runs in a single baseball game is an impressive feat. To hit three consecutive home runs, on three consecutive pitches, in the deciding game of the World Series, as Reggie Jackson did, constitutes greatness. Ultimately, a great moment is an offspring of two rarities: sheer athletic perfection coupled with the perfect situation. In Montana's case, you couldn't have scripted a better scenario. During the ten years he has played in the National Football League, Montana has earned the reputation of being the premier "clutch" quarterback. That is to say, when the proverbial chips were down, "Joe Cool" was the man for the job. This past season, however, may have been Montana's toughest. In 1987,he had undergone back surgery, and it was speculated that his career might be over. Montana quickly ended this speculation, posting some of the best numbers of his career during the 1987 season. Ironically, 1988 was a nightmare for Montana, thanks almost exclusively to the media. All of a sudden he was too old, too slow, and his arm wasn't strong enough. Besides this, his critics contended, the FortyNiners hadn't won a play-off game in three years. Forgotten, apparently, was the fact that Montana had taken San Francisco to the playoffs five years in a row, an accomplishment unmatched by most quarterbacks. Even his coach lost faith in him, temporarily benching him on several occasions for the younger, albeit less experienced, Steve Young. Although the "What have you done for me lately?" mentality is as prevalent in the NFL as it is anywhere else, this treatment was unjustified in light of Montana's past accomplishments: two Super Bowl MVP awards, numerous Pro Bowl appear- ances, and a career that has earned him a future spot in the Professional Football Hall of Fame. As always, Montana overcame the adversity, leading the Forty-Niners to yet another playoff appearance. Although impressive performances against the Vikings and Bears en route to the Super Bowl served to vindicate Montana in the eyes of the media, it was clear, listening to Montana, that he still had something to prove. Perhaps that's why, with three minutes left to play, there appeared to be more at stake than simply the outcome of Super Bowl XXIII. There was that one simple question: could he do it again? Had we been in Montana's position, the fact that we had done it before might have left us asking, "What do I have to prove?" Unfortunately for Montana, the fact that he had led the Forty-Niners back on previous occasionstoo numerousto mention only served as a reminder that he had to do it again. If he didn't, the media would understand. His teammates would understand. Even the fans, the harshest critics, would understand. However, Joe Montana wouldn't. The actual drive itself wasn't flashy. There were no fifty-yard bombs, or razzledazzle plays. Ultimately, there didn't have to be. It was just vintage Montana, calmly and steadily leading his offense down the field. Watching Montana do what he does best, at a time when it needed to be done the most, was pleasure in and of itself. When he finally hit John Taylor with the winning touchdown, greatness had come to pass. The fans knew it, the players knew it, the media knew it, and, perhaps, even Joe Montanaknew it. In the wordsof Bengals receiver Cris Collinsworth, "Joe Montana is not human I've just never every time he has had seen a guy who the chips down and people are counting him out he has come back. He's maybe the greatest player who ever played the .. .. game." Had Montana been unable to bring the Forty-Niners back we would have understood, but we would have been disappointed. Too often, we attribute immortal characteristics to all too mortal athletes. When they are ultimately unable to live up to our inflated expectations, we feel disappointment, because in their failures we often see our own. When a rare athlete like Montana comes along, and lives up to an ideal that we have created, it is truly a moment to be treasured. "Joe Cool" may be as mortal as the rest of us. Nevertheless, he does his best to prove otherwise. Dave's Demons Set High Hopes For 13thAnnual Tournament by Vincent Falvo A missed free throw, an errant pass, the jumper that would not fall, afoul committed by frustration, and so ended U.B.s hopes at the Thirteenth Annual Law School Basketball Tournament in Springfield, Massachusetts. After much painstaking preparation and careful planning, Dave's Demons had fallen far short of the prize that would eventually go to a group of Duke University student/ athletes. But that was last year. With the foul taste of defeat still gnawing on the back of their throats and a tournament championship an elusive dream, the veterans of last year's team began the slow process of regrouping for this year's affair even as the hooligans from Duke were claiming their trophy. U.B.s next best chance for victory will finally arrive when this year's tournament convenes in Springfield on February 24-26. As in previous years, the team will be ably sponsored by the StudentBar Association, the Barrister Corporation, and several Buffalo law firms. However, it is not money itselfbut a grueling training regimen and an inflamed desire that might keep the Demons from being bridesmaids again at the awards ceremony. Shrouded in secrecy and paranoia for eleven long months, the members of this year's squad will only now come forward with theirtraining strategy and, hopefully, a blueprint for success. Mindful always that the best conditioned team often walks off as champions, team veterans are now in the final stages of their hushhush preparations which have included innumerable trips up the hardwoods of Alumni arena, savage weight training, cold showers, and long single file jogs along the icy waters of Buffalo's lakefront. Recently, at a fundraising event at the T.J. Dugan's nightspot, team leaders Kevin Carter, John Dagan, Shawn Griffin, and Steve Lindley revealed their plans to this reporter and swore terminal vengeance on any other team standing between U.B. and the much-cherished title. If these members of this year's squad are any indication, the team looks to be a study in contrasts. Reared on the mean streets of Brooklyn, New York, Kevin Carter holds the key to a successful tournament as starting point guard and chief playmaker. Although perhaps not as great in stature as his counterparts, Carter pos- sesses ball-handling skills and an uncanny court sense which are the envy of many an onlooker. Bringing the ball upcourt, Carter attacks enemy defenses like a surgeon on a healthy appendix. On the defensive end, Carter employs a relentless press and slashing style which lead to many forced turnovers and his well-deserved election to the All-Defensive team from New York City's Police Athletic summer basketball league. If Kevin Carter's game can be compared to a rapier, Shawn Griffin is a standardissue, crowd control police nightstick. With little respect for his own body much less that of the player unlucky enough to defend him, Griffin stalks the baseline like a caged panther waiting to strike. If Dave's Demons hope to advance in the upcoming rounds, much scoring must come from Griffin's power forward position. Apparently, Shawn is ready for the task. Under the jubilant anticipation of the crowd at Dugan's, Griffin admitted that he had added 15 pounds to his frame through extensive weight training and a diet consisting mostly of garlic, red meat, and Vitamin B-12. Plagued by foul trouble in last year's tournament, Griffin nonetheless vowed to pack his sharp elbows for this year's journey. Returning for the third year at the small forward position is Steve Lindley. On and off the court, Lindley marches to the beat of a different drummer, rarely wearing standard basketball shoes to practice, preferring instead his Bass Weejun loafers, and sneaking peeks at his Adminstrative Law text book during lulls in the action. Steve ranges all over the court on offense using the lean-in jump shot and graceful drives perfected during his varsity days at Emory University and four Rochester area high schools. Much is expected from Lindley this year, but Lindley aims to deliver. With a rub of his chin and a tug on his glasses, Lindley cryptically states that, "there's nothing wrong with U.B. winning a tournament every now and then." Hailing from a small village in Western New York that, ironically, no longerexists, John Dagan is in guarded possession of a jump shot so accurate, so true, and so unbelievingly artistic that much of the offensive game plan has been designed to keep the ball in his hands at the right moments. Dagan attributes his court prowess to equal parts of magic, alchemy, and the hammerjack discipline gleaned from starting four years at Alfred Univeristy. John's fine play and gentlemanly demeanor resulted in the much-coveted James Naismith Sportsmanship award at last year's tournament. A particular sore point in last year's drive and the subject of wild speculation this time around is who will anchor the lineup in the center position. Much of the responsibility in the pivot is likely to fall at the feet of the 6 foot, 6 inch ax-grinder named Thomas Ware. This third year student combines brawn, courtside brutality, and a hellish intensity which heflexes like an unseen muscle. Beyond the imposing presence of Ware, team veterans disclosed that they had secured the services of a first-year phenom to play the center position who had been specifically recruited away from otherlaw schools such as Yale, Harvard, and Chicago, just to play in this tournament. Even at this late date, team members would not reveal the identity of this secret weapon for fear of retribution from meddlesome NCAA authorities but it is known that he did attend college at an Atlantic Coast Conference school and is currently enrolled in Section 2 where he has received 2 Hs and 2 Qs so far in his first-year courses. The remainder of the squad is likely to compose of crackerjack substitutes such as Mason Ashe, Nelson Schule, Desmond Hughes, Dan Devine, and numerous other newcomers with the wherewithal to endure the rigorous training schedule the team has set for itself and the six-hour drive to Springfield. Rounding the team into shape this year will be a strength and conditioning coach, a traveling secretary, a team pharmacist and several organization men from the ill-fated Dukakis presidential campaign. The head coach who will direct this ship into the unfriendly waters of Springfield Desmond Tutu rican army. Noting the recent detentions that have been made in the last few months, he further stated that "it is difficult to oppose apartheid non-violently." The Archbishop terminated his lecture by making an appeal to the audience to write letters to their representatives on behalf of Mr. Delmar. Delmar, and a group of black South Africans have been convicted of treason for opposing apartheid. Archbishop Tutu appealed to the audience to put pressure on the U.S. government to in turn put pressure on South Africa by asking for a speedy trial for Mr. Delmar. "We must make it impossible for any government. Democrat or Republican, to collaborate with the perpetrators of apartheid." His disappointment with the lack of leadership and support evidenced by the actions of the U.S. government became apparent by the U.S.' refusal to apply has not yet been named. However, an intense search for the right personality is presently underway. Unconfirmed rumors around O'Brian Hall center around former Memphis State Coach Dana Kirk, currently under indictment for 12 counts of tax evasion and fraud, Buffalo Bills Offensive CoordinatorTed Marchibroda, and, oddly enough, noted American Legal Historian John Henry Schlegel. Early evaluation of the twenty schools who will be represented in Springfield by law school basketball experts gives U.B. slim chances while favoring traditional powerhouses Duke, St. John's, Villanova, and the Western New England College of Law. Much attention has also been focused on the Harvard University team where part-time law student and NBA great Bill Walton is expected to make an appearance. For many of the participants from other schools, the Springfield tournament represents a welcome respite from the storm and stress of another semester in law school. For this year's edition of Dave's Demons, it is far more. The weekend of February 24-26 means the fruition of a yearlong quest for the team, law school community in general and the possible vindication of the ghosts of tournaments past. Surely, such a personification of the values and ideals we attach to the Buffalo Model and, indeed, the City of Buffalo deserves our most unanimous and genuine support. . from page 1 sanctions to the South African government. Noting the contradictions in U.S. foreign policy, he commented that the U.S. government refuses to apply sanctions to South Africa because it is not reasonable, it will hurt the people they (the U.S. government) wants to help and that sanctions are ineffective. Meanwhile, he stated, "the U.S. government is ready, willing and able to apply sanctions to Nicaragua and Panama." Young Americans, he felt, should work towards changing the moral situation in this country. The young, he stated, were instrumental in ending the Vietnam war by refusing to go and get killed in Vietnam. Comparing the youth involvement with the South African situation, Archbishop Desmond Tutu stated that he was amazed at their idealism in getting involved and teaching themselves about apartheid and South Africa. February 10, 1989 The Opinion 11 �Mr 1 BAR/BRI is excited to announce that Prof. Arthur R. Miller, of the Harvard Law School, will be lecturing for BAR/BRI, beginning with the 1988 bar examination. Prof. Miller, who lectured on the bar examination for more than 10 years before joining BAR/BRI, will lecture in New York, California, Michigan, Massachusetts, and other states. The addition of Prof. Miller is just one more reason that more law school graduates throughout the United States take BAR/BRI than take any other bar review. We are excited to welcome Prof. Miller to our faculty. tofcn BAR REVIEW 12 The Opinion February 10, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ed490c6a5207fdd028b3199e3ac959ec.pdf 73f2900a758d07510e4035b4d384c145 PDF Text Text THE OPINION Volume 29, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 21, 1989 Professor Phillips Comes to U.B. With Diverse Interests that Ms. Phillips first started learning about the UB Law School. Then, last summer Prof. Phillips met Professors Betty Mensch and Alan Freeman at a conference and discoveredthat they were all doing closely related work regarding the First Amendment's religion clause. It was the opportunity to build a community of people, at Buffalo, doing work on law and religion that proved to be one of the lures that brought Ms. Phillips hereto the University of Buffalo. by Bruce Brown Stephanie Phillips is the newest addition to the UB Law faculty. A 1978 graduate of the UB School of Business, Prof. Phillips is new to the law school but not to Buffalo. Her return to the area, however, was sparked by an attraction to the UB Law School and itsfaculty ratherthan its locale. It was through her membership inthe Critical Legal Studies (CLS) community Civil Rights Activist, Angela Davis, spoke at U.B. in honor of Black History Month Prof. Phillips' interest in Critical Legal Studies began at Harvard Law School where she worked as a research assistant for her Torts professor, Duncan Kennedy, a well known CLS scholar. A 1981 graduate of Harvard Law School, Ms. Phillips called her time there "incredible" and "the most intellectually satisfying experience that I've had." It was as a student that Prof. Phillips became interested in studying jurisprudence, legal history and the theoretical aspects of law which, she feels, enriched her whole law school experience. Prof. Phillips brings to UB LAW a variety of law related experience: she has taught Legal Writing, Women and the Law and Labor Law at the University of Miami Law School. She was a member of theStaff Attorney's Office forthe Ninth Circuit of the U.S. Court of Appeals in San Francisco, where she worked primarily on Fourth Amendmentsearch and seizure cases and civil rights actions. She has also worked as an attorney for a Miami lawfirm, Steams & Weaver, where most of her time was takenup by work on securities fraud and commodities fraud cases. Last year, Ms. Phillips was a Hastie Fellow at the University of Wisconsin Law School. The Fellowship, which was used in an L.L.M. program, is named after a civil rights attorney who went on to become a judge on the Washington, D.C. circuit. Her work in Madison con- sisted of research and writing on theFirst Amendment's establishment clause. Prof. Phillips is scheduled to be awarded her L.L.M. next semester. Two basic substantive areas are of interest to Prof. Phillips: theFirst Amendment's establishment of religion clause which she views as a matter of social and political theory having implications for whatthe public role of religion should be in a democracy or republic. The other, an outgrowth of her law practice in Miami, is securities and commodities regulation. Ms. Phillips is currently teaching Conflicts of Laws. The class focuses on the choice of law when there is a dispute between parties that come from different states, questions of jurisdiction and certain federal-state problems that arise around the Erie Doctrine. The course involves how one applies certain rules and standards and the ramifications of choosing one general approach over another. Next semester, Prof. Phillips would like to teach Securities Regulation and a seminar examining the responsibilities of corporate officers and directors as well as the economic impact of theleveraged buy-outs and hostile takeovers of the last ten years or so. Professor Phillips said that she is thrilled to be here and that she has received a warm welcome from both the faculty and students of UB Law School. Dave's Demons Rounded Out Amid Much Praise by Vincent Falvo "Goliath!" "Juggernaut!" "Steamroller!" And so on, raves the collective basketball intelligentsia of Buffalo who have witnessed the last minute preparations of the law school's entry in the Fourteenth Annual Springfield Basketball Tournament to beheld February 24-26. As Dave's Demons reach the culmination of their year-long training regimen that has produced the most well-prepared squad in years, the sendup has been nothing short of spectacular. Over 20 law schools from all over the East Coast will be represented in the perennial classic. This year marks the third time that U.B. Law will travel to Massachusetts in search of a championship. The normally-reserved Dean David Filvaroff, for whom the team is affectionately named, joined the ranks of the hopeful and became downright effusive in his appraisal at a recent photo opportunity. After the short ceremony where he was presented with an original issue certificate of Dave's Demons stock, the Dean could be found already reserving a place in his third floor office for the tournament amongst the action only to "reappear" on the business end of a pickpocket steal or monster slam. Curiously, Ashe and Arias insisted on being accepted onto the team as a package deal so as not to interrupt their string of championships dating from their Hamilton College varsity days through those with the intramural powerhouse, Harambi. Equally noteworthy is the last minute addition of Nelson E. "Courteous Ned" Schule who emerged from the long practice sessions as a valuable defensive substitution. Though perhaps less gifted talentwise than his teammates, Schule is all hustle, desire, and perpiration. A member of the infamous 1986 Colgate University team which ended the season 0-28, Schule is remembered as much for his 9 inch vertical leap as for the incident in a game against Georgetown University where he threw a freethrow completely over the backboard. If one player exudes the confidence, guts, and rockhard discipline of Dave's Demons, it is most assuredly this auburn-haired scholar. Late acquisitions such as Ashe, Arias, and Schule are not the only recent news concerning the team. As yet, the team has still not selected a head coach, although several candidates remain under consideration. Mystery also continues to surround the identity of the first-year phenom who was specifically recruited to play in this tournament. Members of the Duck University Law School team, from whom this propsect was spirited away, had filed petitions with tournament officials to prevent his appearance as well as a shoddily-drafted request for an injunc- HIGHLIGHTS trophy. The source of this uncharacteristicebullience springs as much from the confidence of seasoned tournament veterans as from selected newcomers hungry for a title.Asa result of brilliant eleventh hour negotiations, a pair of Hamilton College graduates were added to the already powerful lineup. Third-year student Mason "The Slashe" Ashe brings his uptempo style and formidable court presence to the point guard position while second-year Victor Arias is being pencilled-in at the small forward position. The Arias acquisition is a particular cause for celebration this player's court movement is so fluid, so liquid, that he often "disappears" — tion in federal courts in Springfield and Buffalo. The motion would not merely have prevented this player from participating in Sprinfield but would actually restrict him from leaving Erie County during that weekend! Only immediate, deliberative motion practiced by team attorneys defeated these desperate actions and have assured the presence of this mystery player in Springfield. Not all the off-the-court developments have been salutory. Negotiations with the Anheuser-Busch Corporation, makers of the world famous Budweiser beer, that would have resulted in a financial sponsorship by the brewery fell through last week. Several participating teams have resorted to these types of sponsorships. Yale University, for example, is being sponsored by the Trump Plaza Casino Hotel in Atlantic City. While not attempting to hide their disappointment, team member's explained that Budweiser's insistence that the team wear red uniforms (See Dave's Demons, page 3) In United Slates v. Mistretta. the Supreme Court, while upholding the 1984 Sentencing Reform Act's constitutionality, has admitted that "rehabilitation" is not a goal of incarceration. The court also allowed the Congress to eliminate pg. 3 the Federal Parole System . I: Nelson Schule. Dan Devine; Row 2: Shawn Griffin. Dean Filvaroff. Vince Falvo. John Dagan: Row 3: John Kttrens Row . The Honorable John T. Curtin will be given the Jaeckle Award at Alumni Convocation on Saturday, March 11. 1989 at the Center For Tomorrow pg. 5 �TMNKLKE AIMER The Marino Method Listen up. . You could learn and memorize even' single piece of N.Y. & N.J. law. Every statute, every amendment, every case application. And still not pass the bar exam. allows you to become adept at dealing with the format. With personal attention, critiques and evaluations, you will preyou learn now to develoP parC your Wn Study uidc; ° tne ofresponses that will gain you critical points on exam. 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This 1-800-J-MARINO. \ ft^^U^^ \^^^ 2 The Opinion February 21, 1989 * - �P Crimal rocedure: Supreme Court Upholds Sentencing Reform Act Two weeks ago theSupreme Court, in Mistretta v. United States, upheld Congress' Sentencing Reform Act of 1984. In so doing, the High Court let stand the Sentencing Guidelines created by an independent body in the Judicial branch, the United States Sentencing Commission, pursuanttotheSentencingReform Act. by Alexei Schacht vict's sentence should be, whetherthere should be a fine, and so on. The parole system, significantly, involved a "threeway sharing" of sentencing responsibility. Congress defines the maximum and minimum sentences, the judge imposes a sentence within the statutory boundaries, and the parole commission, part of the executive branch, has the discretion to release the prisoner before the judge's sentence expires. News Editor The Mistretta case, while decided on the basis of the separation of powers concept, must be analyzed for its sweeping rejection of rehabilitation as a purpose of incarceration. Traditionally, theFederal Government used systems of indeterminate sentencing and parole. Indeterminate sentencing gavethe judge wide latitude in determining, for instance, how long the con- In Justice Blackmun's words, writing forthe Mistretta Court, both the "indeterminate sentencing and parole were based on concepts of the offender's possible, indeed probable, rehabilitation, a view that it was realistic to attempt to rehabilitate the inmate and thereby to minimize the risk that he would resume criminal activity upon his return to society." Many people, obviously, came to question whether "rehabilitation" was a serious, or even possible,goal of our penal system. Congress took notice of this, and the Senate Report on the 1984 Act referred to the "outmoded rehabilitation model" as it acknowledged that, in Blackmun's words, "the efforts of the criminal justice system to achieve rehabilitation of offenders has failed." This is a major admission by theSupreme Court. Largely because of this, and the fact that judges often gave widely disparate sentences for similar crimes, the 1984 Sentencing Reform Act was passed. The 1984 Act made five main changes in the law. First,"...the guidelines reflect the inappropriateness of imposing a sentence to a term of imprisonment for the purpose of rehabilitating the defendant. ."28 U.S.C. section 994(k). On the other hand,imprisonment should serve retributive, educational, deterrent and incapacitative goals according to the Act. 18 U.S.C. section 3553(a)(2). Second, the Parole Commission is to be abolished. Third, all sentencing is to be basically determinate. Early release will only be possible through credit given for "good behavior." Fourth, the Sentencing Commission's Guidelines are to be binding on the courts. Fifth, appellate review of sentences will be limited. The Mistretta case came to the Supreme Court because some trial judges, claiming that they were unconstitutional, had refused to follow the Guidelines. Moreover, even the Ninth Circuit Court of Appeals had invalidated them on separation of powers grounds. So, to clear up the confusion, John Mistretta, sentenced to 18 months imprisonment for the sale of cocaine, had his appeal heard. Mistretta's appeal was based on two central questions. Namely, whether the nondelegation doctrine or the separation of powers principles were violated. Environmental Law Society Has Full Agenda Judging from its first meeting, the members of the Environmental Law Society (ELS) are set in high gear to work for a cleaner and more environmentally conscious world.At its recently held first meeting, the ELS outlined its agenda for the coming semester. Commencing its "Distinguished Friends O' the Environment" Lecture Series will be Dr. Barry Commoner, environmental lawyer, city planner and onetime presidential candidate. Dr. Commoner is an inspiring lecturerand wildlygifted intellect. He will speak at the UB campus on Monday, March 13th,at7:00 p.m. in Knox Hall. The lecture is being cosponsored by the ELS and the UB Recyclers. by Michael D. Gurwitz Staff Writer Recycling is an integral component of reclaiming the environment, and in this respect, the ELS has not shirked its responsibility. Last semester, recycling bins were installed in the law school mail room. As expected, they were amply filled withthe endlessnotices with which law students are blessed. To remedy the problem of students unwittingly and unfortunately throwing non-paper goods in the bins, the bins have been redesigned by ELS Board Member Jim Monroe and now sport a picture of the great, unpolluted outdoors and a conspicuous sign requesting only paper goods. Any reasonable law students cannot now confuse the purpose of the bins. Additional bins will be installed in the faculty lounge and theAudio Visual (AY) room. All students are encouraged to use them. American crops are sprayed with a wide variety ofherbicides and pesticides. These poisons fill our air, leech into the soil, and eventually make their way into our water supply. Food animals are fed human growth hormones to encourage abnormal size, and are raised in factory conditions which are so brutal that the animals must be dosed with antibiotics to keep them alive. People who eat meat are also eating these hormones and chemicals. While a growing minority of Americans are now producing and consuming organically raised foods, the vast majority ofAmericans are still the unwitting victims of the Agricultural "Profits, not People" industry and the petrochemical companies which supply their poi- sons. To combat this corporate disregard for the health of people and the environment, the ELS is organizing a Safe Foods Project which is aimed at increasing consumer awareness of the myriad of poisons which lace most of their food, and at encouraging a switch to organically grown produce. Washingtonisalso under pressure from public interest groups to reduce our dependance upon poisons and drugs in food production. The Safe Foods Project will include a direct action program to encourage our governmentto place the health of its citizens above the profits of Agribusiness. Corporate greed and third-world desperation are also at the heart of the horrific destruction of tropical rainforests. To supply the world with exotic wood and cheap beef forcarcinogenicfast-food hamburgers, tropical rainforests are being cut down as fast as the chainsaws can rip through them. This is resulting in the total annihilation of the plants, animals, and aboriginal peoples who dwell in these forests. But rainforest destruction also threatens you and me! At a time of increasing desertification around the world and the deadly Greenhouse Effect, tropical rainforests are one of the few natural resources which actually workto reduce the amount of carbon and other heat-trapping gasses in the atmosphere. For the sake of every living thing on the planet, theseforests must be saved. The ELS is organizing a Tropical Rainforest ProjectXo increase public awareness of rainforest issues and to generate direct action against the criminals who would destroy the forests for short-term profits. Other projects in the works include joining a local citizens group in a clean water action suit, and fighting the creation of new toxic and radioactive dumpsites in Western New York. The ELS will keep notices of its progress on its bulletin board in the second-floor mailroom, and in its office in Room 604 O'Brian Hall. Student and faculty input are encouraged. Buffalo Site of National BLSA Regional Conference by Alice Patterson The University of Buffalo Black Law Students Association hosted the 21st Annual Northeast Conference on February 2-5 at the Hyatt Regency. The BLSA job fair was established to improve the inequities minorities face in their search for employment in the legal profession. The job fair provides an opportunity for minority law students and perspective legal employees to be brought together. The major goal of the conference is "to reduce some of the many barriers which minorities face in gaining employment and to increase minority representation in the legal profession." "19905: BOLD TACTICS FOR LIBERATION" was the conference theme. Northeast Regional Director Mason P. Ashe feels that although we are still in the 1980's, now is the time to "set the agenda for the future that will help improve the condition of Blacks in this country nationwide." The conference was more than a job fair, it was a celebration of Black History Month. My first opportunity to attend the conference came on the second day. I was surprised and pleased by the large attendance of the minority legal community. My surprise was not at their attendance, but my ignorance of the fact that Buffalo and its surrounding area has such a wealth of minority legal minds. I had the pleasure of watching them in their role as justices in the Frederick Douglass Moot Court Competition. In my capacity of clerk, I was fortunate to see minority studentsfrom Buffalo, Stanford, Harvard and Yale compete. They were well prepared, professional, and dynamic in their efforts to persuade the justicesof the correctness of their positions. If moot court was one of the high points of the day, the response students gave me when asked how they felt their interviews went was the low point. Most of the students felt the firms were there to make a policy statement of being a minority recruiter, and that offering employment was an impossibility, or a remote possibility at best. A few students, however, did emphasize their belief that the firms they interviewed with are viewing them with employment in mind. The Honorable Rose Sconiers, City Court Judge of Buffalo provided insight into what she called the political "game" that minority students must master to thrive and grow in the legal community: Join law school activities and community political activities to understand howeach organization operates to become cognizant of the rules. She spoke of her uphill climb to become a city court judge. The judge is emphatic in her belief had it not been for knowledge of the "rules," she would have lost her third-time bid for the seat. Judge Sconiers is a role model to minorities. She is one among many who carries the torch to illuminate the path for those of us who have just begun the journey. JAG Corps Ban Put On Hold On Friday February 17, 1989, the law school faculty decided to hold in abeyance its ban against on campus recruitment by those employers who discriminate on the basis of sexual orientation. These groups include the U.S. Marine Judge Advocate General's Corp (JAG) and the FBI. Recruitment by the JAG Corp, which specifically states in its guidelines that recruits must not be homosexuals, was at the heart of the decision by the faculty to broaden its anti-discrimination policy in September of 1988. It seems clear that the decision to put the policy on hold, comes not from a change of heart on part of the faculty but from a confusion of who exactly has the authority to implement such a policy. This is the problem that law school officials and university officials will be working on in the coming weeks. Internally the law school will need to decide precisely where it stands on the issue and what concessions it will be willing to make so that it can stand on common ground with University policy. Dean Filvaroff will be meeting with leaders of student organizations on Friday at 5:30 to discuss the problems surrounding the anti-discrimination policy. (Portions of this article were based on an article in the Buffalo News on February 18, 1989.) Ed.'s note: This news was too late breaking to receive the prominent placement in the newspaper that it deserves. There will be more extensive coverage in the next issue ofThe Opinion. Dave's Demons emblazoned with their trademark was the sticking point in the failed deal. Additionally, there existed a subcurrent of belief that such a sponsorship amounted to a promotion of alcoholism and that the stereotype of a half-drunk athlete stumbling out of a motel room on the way to the gym should be retired forever. Talks with the Miller Brewing Company were simultaneously ended. Perhaps the most intriguing aspect of this effort cannot be found among the Xs from page and Os on a blackboard or the numbers of success in intercollegiate athletics. With hopeful anticipation, team leaders have assiduously planned the team's final days before tipoff at 5 P.M. on Friday, the Twenty-fourth, involving strict diet of complex carbohydrates, extensive exercise, and spiritual activities. The last category is rumored to include a private screening of the film classic "Knute Rockne All-American," starring former Commander-in-Chief and leader of the — I Free World Ronald Reagan, for inspirational effect. The only greater motivation, states reserve guard Dan Devine with his customary broad stroke, is, "the knowledge that this team is a direct embodiment of all that's good, and true, and right in college sport and America itself, and that, as such, we possess the power, nay the responsibility to dish out a first class stomping to anybody foolish enough to get in our way." Bravo. — February 21, 1989 The Opinion 3 �Second Year Students Bowl Up A Storm by Gary Hall Pictured from left to right: Toast. Noonan, Captain Townsend. Mono: seated: Arcenio N THIS WEEK: ( — Avfc>Solu.-t-«_lt« V. NEW YORK Mo-HtA*!*. _ j ) ( for last season was 139, with a range from 122 to 170. The games were played Thursday nights at 9:30 p.m. which at times made productive Fridays difficult or impossible. League bowling, however, is a violently competitive sport and the members of Secondhand Love gladly devoted the large amounts of time and effort needed to guarantee the championship performance. Beverages are available for both lower (Stroh's) and upscale (Molson Golden) budgets. Secondhand Love plans to compete in the College League this semester as well. Due to the new semester's schedules the team will now also include Joe "Mad Dog" Militi. Details for league play were not available when this article went to press, but all interested bowlers are invited to participate in the league this semester and challenge Secondhand Love's sure dominance. The athletic odyssey that is bowling was challenged and mastered last semester. Five second year law students competed in the College League at the Sheridan Lanes in Amherst, and the team finished the season in a three-way tie for first place. The weekly competition was intense and it is entirely possible that the team would have been the undisputed champion had it not missed a week in mid-November due to a crushing academic workload. Unfortunately, a tiebreaker after the last week's games deniedtheteam its rightful placeatthe top. The team, comprised of Captain Peter "Townsend" Farrell, Gary "Arcenio" Hall, Jeff "Toast" Markello, Shawn "Mono" Monfredo, and Chris "Noonan" Reo, is called Secondhand Love, which is an obscure lyrical reference to the negative aspects of recycling. The team average f '5 / f~ ( '. A *"">««*•«»■ ) y /"<" Se p W^+;«.*.*-t»k t^-^-*-——"V HCPLR T """*\ t HUK Mini-Review: An Overview of New York Practice and Procedure Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. ___ 4 The Opinion February 21, 1989 li M BAR REVIEW Z ~. Presentation | Date: For further information, contact your local BAR/BRI representative, or: bar/bri 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 \ mWM Z T (> / JA / m* rr~\JLJVI/ ' m J � l\ VT Time: Atju^xJcGJh Place: f*HHOON^» ' ' '9688AP34i �Law School Announcements PLEASE DONATE TO A Law School "DINOSAUR" SHIRTS For Sale $10.00, X-Large Contact: MELANIE JENKINS Box 116 CANNED FOOD DRIVE TO BENEFIT BUFFALO HOSPICE To Benefit The Orientation Committee The National Black Law Students Association Twentieth Annual National Convention and General Assembly Please Bring Your Cans To Ist Floor Collection Table Or To The Box In The Mail Room Anytime Sponsored By: The Federalist Society Phi Alpha Delta Coming ofAge: Economically, Politically and Socially March 9-13, 1988 National Clarion Hotel Crystal City, Va. — Commemorative Journal The deadline for the next issue of The Opinion is Monday, March 6, 1989. Scales-Trent Speaks At First Brown Bag of Semester by Alice Patterson In a series of Brown Bag lunches, the Association of Women Law Students presented Professor JudithScales-Trent. The professor's field of expertise is employment discrimination, and before coming to UB Law School, she worked for the Equal Employment Opportunity Commission in Washington, D.C Professor Scales-Trent spoke to a small, yet interested, group of law students on "Women of Color and the Law." She began with a discussion of the inequities women of color face in the pay scale. At the top of the pay scale are white males, followed by black males, then white females, and last are black females. The inequity in pay between a white male and a black female employed in the same job is a whopping 2.5%. Some states, such as New York, have perceived this inequity and are in the process of rectify- ing the egregiousness present in this situation. As a woman of color, she spoke of her personal experiences in the work place. A paper she wrote was accepted by a prestigious law publication. A colleague congratulated her, not on her skill and expertise, but on her "luck." The perception, conscious or unconscious, was that people of color are not as skilled as their white counterparts, therefore, "luck" was the catalyst that provided acceptance of the paper. Professor Scales-Trent is in the process of researching studies done on women of color and the law, and because of the sparseness of data, she is in effect trail blazing the way for others. This summer the professor will continue her work in this area and hopes to include in the UB law curriculum a seminar on women of color and the law by next spring. Sexism from page 7 husband's name. Female attorney's clothing is the subject of judicial comment. Women are still the object of sexual harassment at work, and are grossly underrepresented in partnership positions. And among the population at large, women earn only sixty-five percent of their male counterparts' wages (according to the latest Rand Corporation study). That sexism is often not taken seriously is part of the problem, not a measure of the insignificance of the issue. Perhaps some of the invisibility of sexism can be explained by a comparison with racism. Racism often exhibits itself as animosity and violenced toward members of minority groups, an evil that is easily recognized (though not successfully addressed) in a so-called peaceable society. Sexism, on the other hand, is displayed as protectionism of woman the male society insulating the fragile female from the danger of "tough jobs" —and it is this very protectionism that limits her opportunities. Sexism glorifies (or, more accurately, objectifies) a woman's beauty and nurturant qualities, simultaneously devaluating her other attributes her brains, for instance, her ability to be assertive and pull her own weight on the job. — — Protectionism is pervasive because of the widely held belief that it is necessary, that women just can't take the heat. (This is analogous to the once widely held belief, now repudiated, that blacks were an "inferior race," and thus justified their low status in society.) And protectionism is accepted because it is not "really harmful," or not the same obvious harm of hatred and violence that is engendered by racism. It is up to us as individuals and groups within this law school to recognize and address any form of discrimination when we see it. If we cannot eradicate discrimination within our own "ivory tower of enlightenment," it is hypocritical and hopeless for us to try to make changes elsewhere. Students and faculty should do all in their power to make in uncomfortable and unacceptable for statements like these to appear. Racism is often expressed by the majority as distrust and intolerance of a minority's cultural differences. Sexism is usually not a function of cultural differences. Men and women who interact in our society are frequently from the same cultural background and are in more or less intithey may be memmate relationships bers of the same families, communities, and churches, and may be in romantic relationships of various intensities. The fact of these intimate relationships makes it more difficult to recognize sexism for the inequality that it is. It is therefore not surprising that this form of discrimination is different from racism, that it manifests itself not as segregation but as subordination and inferiority. The fact, however, that the source of sexism is different from the source of racism makes it no less tolerable for those who are the objects of it. It may be argued that the comments on the Moot Court board were "just a joke" between friends, and were never meant to hurt anyone. I think it telling to point out, however, that no racial slur in such a context would be acceptable, even an "affectionate" reference to a black colleague as "nigger" or an "endearing" comment to a Hispanic peer as "spic." It may be that the harm caused was entirely inadvertent; but as described above, sexism is so intransigent precisely because it is not commonly identified and not seen as "harmful." It is the insulting and discriminatory effect, not the intent, that should be condemned. Finally, it is important to note that these statements were not merely comments made in class by an individual representing only himself herself, or "jokes" made privately between friends. These picture:and captions were displayed in a public forum, posted by a group that represents this law school. It is a misuse of the re sponsibility inherent in that representation that sexist attitudes should be promoted from such a platform. — February 21, 1989 The Opinion 5 �OPINION JUT STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 9 February 21, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Donna Crumlish Features Editor: Business Manager: NewsEditor: Layout Editor: Photography Editor: Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Judy Buckley, Vince Falvo, Gary Hall Contributors: Bruce Brown, Lenny Cooper, Michael D. Gurwitz, Eric Katz Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Composition and Design: Words and Graphics, Inc. Editorial Why Must There Be Discrimination? Viewed in strictly legal terms, the recent JAG controversy has raised some interesting as well as troubling questions involving constitutional law and university policy. Unfortunately, as has become so familiar with cases of discrimination, the actual fact that the discrimination occurred doesn't seem to surprise many people. This is scary, since it indicates that discrimination has become something which this society takes for granted. People tend to take for granted things which occur with some degree of frequency. With this in mind, is it any surprise that discrimination is taken for granted in this country? Less than six generations ago, blacks were still being bought and sold as slaves. Although slavery was officially abolished in 1863, blacks were still governmentally discriminated against (and arguably, still are) as little as three decades ago. At the same time, this great republic of ours has only been allowing women to vote for a little more than half a century. Who can forget the fact that the U.S. Government placed thousands of American Japanese in concentration camps during World War II or the treatment of American communists during the Cold War? Another group which has been persecuted, and virtually eliminated from American society, are Native Americans. Indeed, the treatment of the American Indian may be the most disgusting chapter in this country's brief history. With a history such as this, is it any surprise that the notion of discrimination has become ingrained within our culture? America has been called the "great melting pot," but somewhere along the line, someone turned off the heat. Blacks, Jews, women, Hispanics, and homosexuals are still denied access to many of the things which this society has to offer. Officially, this government has attempted to attack some forms of discrimination. The clearest example is the Fourteenth Amendment to the Constitution, which contains the equal protection clause. As important as the Fourteenth Amendment is, however, it's unfortunate that an equal protection clause was ever needed. It says a lot about a society when it is forced to legislate the equal treatment of its own citizens. Equal treatment of individuals is not, and should not have to be, a legal issue. It is an issue of humanity, of how individuals should treat other individuals. Unfortunately, the basic principle of individual equality has been buried in a multi-tiered society where, as George Orwell stated in Animal Farm, "some individuals are more equal than others." Although people clearly take discrimination for granted, why should this be? If we are as civilized a nation as we purport to be, isn't it about time that we act civil towards one another? Although we can put the proverbial man on the moon, we can't live peaceably amongst ourselves. What makes discrimination such an absurd phenomenon are the principles upon which it is based. It can be argued that discrimination, when done fairly and for logical reasons, is practical. For example, the legal profession discriminates against people who haven't passed the bar exam. That is to say, anyone who hasn't passed the bai cannot legally practice the law. Most would agree that this makes sense. However, when discrimination is based solely on criteria such as race, gender, sexual preference, ethnicity, orreligion, it doesn't make sense. It's an open admission that we don't want certain groups to have access to certain things, not because they are unqualified or undeserving, but because they are different. The weakness, as some people have suggested, doesn't lie in the groups being discriminated against. It lies in the weaklings who are unable to accept these differences. For now, attacking discrimination legally (when possible), is the most practical method of trying to right a wrong. In the end, though, it's not simply a battle between those discriminating and their victims. It's a struggle which pits mankind against itself. Sadly enough, it appears that mankind is bound to lose. 6 The Opinion February 21, 1989 The Opinion Mailbox: Students Show Value of Homosexuals in The Military Dear Editor: It does not take a great deal of effort to see beyond the polemical posturing of Mr. Majchrzak's recent letter to the editor concerning the law school's current position of JAG Corps recruitment. He is quite clever in his manipulation of applicable law, but question whether he is right. Without reaching the merits of that particular issue, which has been strongly addressed by law school administrators, professors and fellow students, I would submit that Mr. Majchrzak's apoplectic I To the Editor In his letter to the Editor about the JAG Corps on campus brouhaha, in the last issue of the Opinion, Dan Majchrzak, Section 3,11, unwittingly betrays his true allegiances. Mr. Majchrzak, I believe, is actually quite anti-American and seeks to subvert our great American way of life by excluding highly qualified individuals from having the opportunity to serve and protect this great land. Mr. Majchrzak stated that "...before one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional conduct incumbent on all U.S. Officers...homosexuals just do not meet these standards." On September 22, 1975, Sara Jane Moore attempted to assassinate then President Gerald R. Ford outsidethe Hotel St. Francis in SanFrancisco. The attempt was foiled by one Oliver W. Sipple. Mr. Sipple who, like Mr. Majchrzak, was a Marine, was assigned to presidential protection detail when he saw Ms. Moore about to shoot Mr. Ford and knocked the handgun outofhergrasp. Yes, Mr. Sipple, who died on February 4, 1989, was a HOMOSEXUAL. Presumably Mr. Majchrzak would prefer that men and women who, like Mr. Sipple, are homosexual not be allowed to be in the armed services. Given the fact that homosexuals, like Mr. Sipple, have bravely served and protected their country (and in Mr. Sipple's case SAVED THE PRESIDENT'S LIFE), I can only conclude that Mr. Majchrzak, and others who share his views on this subject, were sent by some insidious foreign power in an attempt to weaken our armed forces (or even to help facilitate a future attempted presidential assassination). Unfortunately I have no direct proof of this. However, as some prosecutors are fond of saying, the circumstantial evidence is overwhelming. Somewhat sincerely, Alexei Schacht reaction to the current policy is a pathetic display of "smoke and mirrors." In an attempt to deflect attention from the substantive core of the policy, he conjures up the demons of his pown particular political persuasion, complete with rhetorical invocations of "the law," selfrighteous incantations of "morality," fetishes of military "professionalism" and the requisite disembowelment of "the left." Before I am taken to task for a presumed anti-militaristic bias, let me publicly attest that I have a great respect for men and women who choose to devote a considerable portion, if not all, of their lives and careers to our country. However, I detect a fundamental lack of respect on the part of Mr. Majchrzak and JAG Corps for these very same people. In spite of a quite entertaining performance in obfuscation, Mr. Majchrzak inadvertently allows a little light to slip through his orthodox ritual of reactionary reasoning. When he attempts to raise Troy Oeschsner's comments on the current policy as an "exclusively gay-rights issue," we see the spirit which animates the entire facade of his hymn to Legal and Military Excellence. Mr. Majchrzak shoots himself in the groin when he flatly states, "... [Bjefore one can act as a Judge Advocate counsel, one must first meet the standard of moral and professional con[Hlomosexuals just do not meet duct these standards." Mr. Majchrzak's genuflection to standards of morality and professional conduct is odd considering the open, historical record of the government and military's treatment of gays and lesbians, both in and out of the Armed Forces, who have served this country, our people and the cause of democracy. I have never read whether or not there was any moralistic hand-wringing on the part of either the President, the Congress or the Department of Defense when a homosexual successfully broke the Axis Code during WW 11, directly resulting in our Allied victory in Europe. I don't recall hearing whether there was any beating of breasts in the OSS when it became policy to employ gay men for espionage work during the war and I doubt whether there was any pious mouthing about professional conduct either. Apparently OSS was more comfortable with immoral queers spying for the Allies, who they believed were less susceptible to discovery from enemy sexual seductions, than they were with moral heterosexuals, who they considered more likely to cave in to a little prurient enticement. Whatever became of morality and professional conduct when the infection of Red Hysteria induced a fever of anti-gay purges in the government and military during the 19505?I don't remember reading about any discussion by the military on the morality of destroying thousands of life-long military careers and lives of (See Homosexuals in the Military, page 8) .. Self Serving Students Insist on Styrofoam To the Editor There is a debacle going on in the Norton Cafeteria and all UB students must wake up and put a stop to it. The Undergraduate Student Faculty Association, in conjunction with the UB Recycles and the Environmental Law Society, has initiated a program to drastically reduce the use of non-biodegradable, ozone depleting styrofoam on campus. Its efforts are being nullified by a blind, self-serving, convenience oriented student body that insists on having styrofoam products readily available for local food consumption. It is such an inconvenience to these students to take the china back to the conveyor belt that they throw it in the garbage cans ten feet away. God forbid anyone would expect them to take china upstairs in Norton and bring it back when finished. The first week we attempted to convert to china Norton lost over $1000 in plates, cups and utensils. Much of it was probably carted off to the dorms for private use but a significant amount, including over 100 spoons, was found in the garbage. Many people give a lot of time and effort to slow down the damage being assessed against this planet on a daily basis... then there are the rest of you. Jim Monroe Environmental Law Society �Commentary... Destruction of Animals Necessitates "Liberation" Movement If you or I were to buy a rabbit from a pet store, take it home, and pour perfume into its eyes, we would be charged with cruelty to animals. When a perfume company doesthe same thing, it's "research," and thus acceptable. I see. If you or I were to shackle a dog by the neck and keep it in a crate no larger than its body, we would be charged with cruelty to animals. Micliael D. Gurwitz When a veal farmer does the same thing to a calf, it's acceptable, because it is done to a cow, not a dog. Of course. If a woman were to trap, kill, and skill 11 housecats, and then sew their skins together and wear them as a coat, she would be guilty by Michael D. Gurwitz Staff Writer of cruelty to animals. But if she did the same to 11 lynx, she would be a fashion plate. Why? Because housecats are domestic felines, and lynx are wild felines, and so it is acceptable to wear lynx skins. The logic is overwhelming. Welcome to the fight for animal liberation. I use the term "liberation," and not "rights," because more than one fool will ask "What, do you mean animals should be able to vote or something?" Of course not. Using the word "liberation" not only avoids such questions, but it also comes closer to the heart of the matter. Like people, animals see and hear, hunger and thirst, feel pleasure and pain, and enjoy companionship and warmth. Yet every year we subject billions of them to a hellish existence, just to satisfy our tastebuds, our curiosity, and our vanity. This essay is an appeal to all law students to join the struggle for animal liberation. Each year in the United States, over 5 billion animals are slaughtered for food, that is approximately 4000 killed every second of every day. Numbers like these don't come easily. The traditional farm of yesterday has given way to the factory of today. Pigs, chickens, turkeys, rabbits, goats, sheep, and increasingly, cattle, are crammed into tiny cages or shackled in sunless sheds, where they live out their brief, miserablelives in filth and pain, only to die a terrible death in the slaughterhouse. After they have been dragged, prodded, stunned, and slit from ear to ear, their bodies are hoisted into the air, the skin is slit, the internal organs removed, and the blood drained into buckets. Because their existence is so brutal, they are pumped full of antibiotics in an attempt to keep their bodies alive. The health consequences for humans who eat the flesh of these chemicallysaturated animals is grave, yet the meat industry continues its reckless practices. An industry which trives on slavery and sadism cannot be expected to show much concern for such trifling matters as human health. The ironly is that is much healthieer to be a vegetarian, as well as cheaper and far more environmentally sound. Perhaps it is a poetic justice that every time carnivorous humans pay for a cellophane-wrapped piece of dead animal, and then lift a forkful of the corpse to their mouths, they are systematically destroying their health, and shortening their lives, all for the sake of some little mouthful of flesh (and meat industry profits). We conduct medical experiments upon animals because they are inferior beings. This is our justification. The Nazis were also fond of medical experimentation. Their favorite model? The Jew. Why? Because the Jew was an inferior being. This was the Nazis' justification. One might say, however, that Jews and Nazis were both human beings, and despite what the Nazies said, were both possessed of the same overall amounts of intelligence and sensitivity, whereas compared to hu- mans, animals have less intelligence and sensitivity. Assuming that this is true, and assuming that intelligence is the factor by which to judge who or what is experimented upon, consider thefollowing: you are a researcher who has just received a large grant from the National Institute of Health to perform burn experiments. Anesthesia may interfere with the results, so none will be used. For your subject, you must choose between a perfectly healthy, mentally sound chimpanzee, and a very weak, severely mentally retarded human. The chimpanzee is shown to score higher on the IQ test than the human, and is quite obviously more aware of its surroundings (See Animals, page 11) Commentary... Sexism on Campus Must Be Condemned by Judy Buckley About a week and a half ago I had the occasion to walk by the Moot Court office and see the results of the Desmond Moot Court competition. I found the captions under three of the displayed photographs to be particularly offensive and sexist. Under the picture of a female competitor, whose upper body was shown seated at a table, read "Ever wanted to be a model, or just look like one?" In the second picture, two women on stage were hugging each other (apparently one of them had won an award), with the caption "And Miss America 1989 is ."Another picture showed three men glancing down at a book or papers, and the words underneath were "Boy, I missed that issue of . Playboy!" These comments are a serious affront to me, as a woman and as a law student. I am tired of people insinuating and even stating outright that I am overreacting to comments such as these. When will a woman's achievement be recognized as the product of her own hard work, and not analogized to a contest that gratuitously awards her for sex appeal? When will a woman's appearance be viewed as professional rather than provocative? And what does the exploitation for profit of the female body have to do with Moot Court? Sexism exists today, believe it or not, in our own lofty profession. Women lawyers are reprimanded in the court room for using their own rather than their (See Sexism, page 11) Affirmative Action and The Perpetrator/Victim Perspective by Kenneth Gomez Racism is one of this country's major social problems for which no one has been able to find an adequate solution. When seeing how deeply entrenched racism is in American society one cannot be blamed for being too pessimistic about possible solutions. One reason whyracism is so innate and ongoing, in the U.S. is because of white America's perception of what is racist and the words used to describe such acts. The perpetrator/victim perspective is a concept that encapsulates the two major opposing views on race issues in the U.S. The dominant group sees racism through the perpetrator perspective in that they can only see and speak on certain aspects in a dominant/subject relationship because as a whole they are the instigators and not the target of discriminatory acts. So absent actual experience they can only see a very narrow view of what it is like, if at all. The victim perspective is that of one looking up from the bottom and seeing the real picture. This perspective is usually seen through the eyes of the target of the actual discrimination. It will usually contradict the dominant group's view and will usually be silenced by the mere fact that he/she is in the subject class. In a dominant/subject relationship in terms of race, the dominant group will usually determine what is racist giving little regard to thefact that the subject group will probably know more about it than they. One has to realize that the perpetrator perspective is the dominant view and many members of the subject group fall into the trap of believing it, thus unable to rebutt a dominant argument. One good example of a warped perception of race relations is the issue of Affirmative Action and so called "reverse discrimination." We have always seen this issue through the eyes of the perpetrator and not through the victim's. When whites cry that quotas are unfair and that everyone should have an equal chance they fail to see that when blacks were blatantly discriminated against these same people failed to scream "Equal Education" for minorities. Why is that I suppose? Words are also a powerful tool that the dominant group uses to confuse issues. When the dominant group uses the phrase "reverse discrimination" it is to infer that blacks are discriminating against whites. Using this phrase is supposed to instill in us that blacks deny whites jobs, entrance to schools, and access to decent housing. To be a racist means to have power. Power by this definition means the tools to implement bias, thus affecting another human being's life. Blacks do not have the tools to affect other groups' lives through racism so they in a sense cannot be racist. Or for a better term, it is insignificant what they feel toward the dominant group because their hatred cannot transfer itself into a concrete conclusion. This is due to the lack of power to implement. Through the victim's perspective the phrase "reverse discrimination" is a misnomer. How can blacks discriminate against whites when they control absolutely nothing to do so in the first place. "Reverse discrimination" is another technique of the dominant group to blame the victim for the faults of the oppressor. The result being, whites screaming "get those («#%#(«* out of our schools, neighborhoods or whatever." If "reverss discrimination" is to be given an adequate name it should be called "selfdiscrimination" because it is white people who implement these programs at their respective white institutions and not blacks because they do not control these institutions in the first place. Being that racial minorities are the least defenseless in this game of "colors" the usual result istheirforced visibility in lily white institutionsand a white mob focusing theirfrustrations on the victims rather than their fellow whites in power. go through self-examination to correct the racist wrongs that are so innate in the American psyche. If Bakke's perpetrator perspective on eliminating affirmative action had been a total success it "would have thwarted minority admissions programs without in any way affecting the white, upper-class bias that permeates the admissions decisions of almost all colleges and professional schools" (Bell, p. 455). So if whites really want to fight these "self discrimination" programs they should attack their fellow whites who control these programs and even more so they should go through self-analyzation to find out why they themselves are so racist in such a "democratic" society. Will a majority of the dominant group ever really try to see racism through the eyes of the victim and effect change or will racial minorities quote from William Chancellor's book The Destruction of Black Civilization in which he says "the outlook is grim. For the black people of the world there is no bright tomorrow. The blacks may continue to live their dream world of singing, dancing, marching, praying and hoping, because of the deluding signs of what looks like victories still trusting in the ultimate justice of the white man; but a thousand years hence their descendants will be substantially where the race was a thousand years before. For white people, still masters of the world, do not have to yield. They have never changed their real attitude toward black people during all the passing centuries, and there is absolutely nothing upon which to base the belief that they will change in the centuries to come." Blatant discrimination has been so called "eradicated" only to be replaced by de facto racism that is harder to prove under Anglo-American law. In Derrick Bell's Race, Racism, and American Law he states that "working class whites fear that remedial assistance to blacks threatens the traditional status relationships between the two groups, with blacks on the bottom, clearly subordinate to these far from well-off whites. The working-class whites' heated and sometimes violent reaction to affirmative action programs, while usually aimed at blacks, manifests a gnawing concern that they have been betrayed by upper-class whites." (p. 454). It seems that the targets of these programs are blamedfor occupying relatively very few seats because it disrupts the "social order." The perpetrator's view will focus on very few minorities getting in, as opposed to privileged whites that get "preferential treatment" through accepted societal means of influence, wealth, and position. "Those regular admission requirements, of course, posed a serious barrier to lower-class whites as well as to minorities. But as history enabled us to predict, the attacks from upwardly striving whites like Marco DeFunis and Allan Bakke focused neither on the exclusionary effect of the general admissions process nor on the most-favored-status it provided well-to-do applicants. Rather, their challenge was directed at the relatively miniscule number of seats set aside for minorities to ameliorate the harmful effects of past discrimination" (Bell, p. 455). By blaming the victim for faults of the oppressor the system will not have to February 21, 1989 The Opinion — Page Seven �Judge Curtin To Be Honored With Jaeckle Award At Alumni Association Convocation U.S. District Court Judge JohnT. Curtin, author of some of the community's most important legal decisions, will be honored at a luncheon in the Center for Tomorrow on Saturday, March 11 by his alma mater, is best known for his desegregation decisions in Buffalo regarding the busing of schoolchildren, the establishmentof a nationally renowned magnet school program and the hiring of minorities and women to police and firefighting jobs. A 1946 graduate of Canisius College, and a 1949 graduate of UB Law School, he served as a U.S. attorney from 1961 to 1967. From 1975 to 1981, he was a member of the Judicial Conference Committee on the Administration of the Probation System. He also served as chairman of several Danforth Foundation seminars for federal judges and educators. Since 1986, he has been the Second Circuit District Court representative to the Judicial Conference of the United States. "During his 21 years on the bench, Judge Curtain has carried out his duties with skill and dedication and has earned our deepest respect," said Joseph G. Makowski, president of the UB Law Alumni Association. Morning Symposium The luncheon and award ceremony will follow a morning-long symposium the Law School's 13thAnnual Alumni Convocation. The program will also be held in the Center for Tomorrow starting at 9 a.m. This year's topic will be, "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community." According to Margaret Lillis Snajczuk, chairperson of the Convocation, the morning program will help practitioners learn more about five areas of jurisprudence that experts anticipate will grow increasingly important in the decade to come. "The 1990's are almost upon us. As the Greater Bufflo economy continues to develop and change in exciting new ways, it will be vital for attorneys to understand current legal issues that involve international law, health care law, real estate law, environmental law, and high technology law," she said. Speakers and topics include: Dr. Andrew J. Rudnick, president of the Greater Buffalo Development Foundation, Inc. will speak on, "Buffalo into the 21st Century." — Honorable John Curtin the University at Buffalo Law School and the UB Law Alumni Association. Dr. Steven B. Sample, university president, will present him with the 1989 Edwin F. Jaeckle Award. It is the highest honor the Faculty of Law and Jurisprudence can bestow. The annual award is named for UB Law School alumnus Edwin F. Jaeckle, class of 1915. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. Judge Curtin recently stepped aside, after 14 years, as chief judge for the 17-county Western District of New York. He remains a federal judge and continues to handle a full caseload, but he turned over the court's administrative tasks to U.S. District Judge Michael A. Telesca of Rochester. He has been a judge since December, 1967 and was chief judge since 1974. He • Announcement From UB Student Affairs You are invited to participate in an allday leadership conference for college students in the Western New York region on Saturday, February 25, 1989. Scheduled at the State University at Buffalo from 8:30 a.m. to 4:30 p.m., the conference The program entitled Leadership: Choices and Challenges, will address issues of importance to students on campuses today and provide various skillbuilding workshops designed to increase individual and group effectiveness. In addition to the keynote address participants will have a choice of attending three different workshops. We hope you will decide to attend after looking over the enclosed program mate- ... rial and encourage other students on your campus to come. The conference will provide an exciting and stimulating educational experience for students as they interact with different people, confront new ideas and learn more about the process of leadership. Attendance will be limited so do register early. The advance registration fee of $15 will include morning coffee, confer- ence materials, lunch and the afternoon Please see the registration form for the discounted rate and policy on refunds. If you have any questions about the conference, please contact the office (636-2808). reception. Kandid Kamera, Inc. J. Kryzan of Whiteman, Osterman D. Rachlin of Kavinoky and Cook • Lauren • Alice will discuss basic concepts in interna& Hanna will discuss environmental re- • • tional transactions, including letters of credit, the Convention on the International Sale of Goods, license and distributorship agreements and the preparation and enforcement of contracts. Ellen G. Yost of Jaeckle, Fleischmann and Mugel will speak on the legal implications of the U.S.-Canada free trade agreement. Ellen Weissman of Hodgson, Russ, Andrews, Woods & Goodyear will discuss health care law topics, including living wills, durable powers of attorney, and "do not resusitate" orders. Professor Robert I. Reis of UB Law • School will speak on the attorney's role when representing real estate developers. quirements that are encountered when property is purchased for development, including the State Environmental Review Act, reviews necessary for financing and hazardous waste cleanups. Tricia T. Semmelhack of Saperston & Day, P.C. will speak on sources of business and financial advice for high-tech start-ups, property rights in inventions and new ideas, and learning how to license. A fee of $35 per person includes the convocation, Continental breakfast and luncheon. A limited number of scholarships are available for law students. If you are interested in attending, please sign up with Pat Warrington in the Alumni Office, Room 320 John Lord O'Brian Hall. • . from Homosexuals in The Military lesbian and gay officers, servicewomen and servicemen whofought Hitler and the North Koreans. What was the moral and professional standard that created an atmosphere of suspicion and paranoia in having WACs and WAVEs spy and inform on each other over alleged lesbian activity? Preservation of morale? Exaltation of professional conduct? Moral purity? The reason I have never heard of any responsible moral or professional justifications for these few, among many, examples is that there are none. Where is the morality in the continued denial of recognition for lesbian and gay Vietnam veterans, or the professional conduct of their straight comrades-in-arms who subject them to ostracism and vilification? What exemplifies moral strength and professional conduct more than the continued pride and loyalty of these gay and lesbian veterans for the institutions that treat them like traitors? Mr. Majchrzak has unwittingly let a little light shine through the "smoke and mirrors" of his and JAG Corps' position by revealing it in all its hypocrisy. It is a light that illumines the core of the moral Tightness of the law school's position. If Mr. Majchrzak supports the government and military's moral double-standard, it says more about him, the military and the quality and depth of moral and professional decision-making by our government and the Armed Forces than it does about the page 6 gay and lesbian servicemen, and servicewomen of the past and present who, at the very least, deserve Mr. Majchrzak's and JAG Corps' respect for their moral and professional committment, dedication and service to this country. Moral courage, leadership and justice are what this law school have decided to stand for. It is UB Law's nationwide reputation for knowing "how to act responsibly" that made.my decision to come here over other "top-ten public" offers of admission rather easy. Mr. Majchrzak's moral atrophy prohibits him from aligning himself with this school's moral and ethical vision; it is understandable why he seems to suffer some degree of ambiguity concerning his presence here. To paraphrase the insight of Kimi King, who Mr. Majchrzak shamefully and selfservingly castigates, if it is determined that we, in fact, do not have the letter of the law, we do possess its spirit. That collective possession bears witness to a moral Light who's intensity will eventually refine in fire the letter of the law, and Mr. Majchrzak's and JAG Corps'flickering amoral candle will melt away like all the myopic, legalistic and anti-democratic bigotry of the past. Timothy, W. Reining, Section 11-1L Secretary, Gay Law Students Organization Are You In A Slump ? Feel Like Becoming A Law School Drudge? Problems with Your Love Life? Have NO Love Life? Or Just Curious About Life? Well, ask... Miss Social Procedure Submit your letters to: BOX 59 by MONDAY, MARCH 6th 8 The Opinion February 21, 1989 �Friday, Majxh 17,1989 (Happy Stjpatrick's Day!) PIEPER NEW YORK REVIEWS one day seminar will be offered 9:00 a.m. to 4:30 p.m. NEW YORK CITY LIVE: Sunday, February 26, 1989 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Sunday, March 5, 1989 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 17, 7989. The exam fee is $25.00. Late registration will be accepted until March 8,1989, but the exam fee is increased to $75.00. If you miss the Marc/? MPRE, the next MPRE exam is Friday, August 18,1989. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-41311 February 21, 1989 The Opinion 9 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your • complete bar review course. Schedule • VideoMarchLecture 7th Room 109 — Tues. O'Brien 7:00 P.M. -10:00 P.M. Thurs. March 9th Room 109 — O'Brien 7:00 P.M. 10:00P.M. Sat. March 11th 1330 Niagara Falls Blvd. 10:00A.M. 1:00 P.M. Sun. March 12th 1330 Niagara Falls Blvd. 10:00A.M.-1:00 P.M. ■ - For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. ( \ Emm | IxLVIIW l\/%| I |t>/\lv [800] KAP-TEST *" 10 I M STANLEY H. LJ The Opinion February 21, 1989 [800] 343-9188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. Tonawanda, New York 14150-8917 [ ©1988 (716) 837-8022 Kaplan-SMH — usa printed in �AAML Presents Free Program For Law Students In cooperation with the SUNYAB School of Law and Jurisprudence, highly experienced and nationally recognized matrimonial law practitioners from the American Academy of Matrimonial Lawyers will present a free program for law students which will cover the entire gamut of the practice of Matrimonial Law: from interviewing the client and organizing the file, to motion practice, pre-trial disclosure, settlement negotions, drafting of agreements and trial. Space for this symposium is limited and since admission is free, seats are expected to be at a premium. Sign-up sheets will be placed on the bulletin board on the 2nd floor, and outside room #523. Drafting Opt-Out Agreements By: Thomas R. Cassano,Esq. Buffalo, New York ****************** Questions & Answers 11:45-12:15 ****************** ****************** ****************** Afternoon Session - AGENDA Morning Session I. Attorney-Client Relationship in Matrimonial Matters A. Conducting the Initial Consultation; Fee Arrangements and Retainer Agreements; Role of Attorney as Advisor/Advocate; Client Control; Ethical Considerations By: Raymond J. Pauley, Esq. 9:00-9:30 Rochester, New York 9:30-10:00 Rochester, New York B. Preparing and Making Pendente Lite Motions; Preparing Statements of Net Worth 10:00-10:30 By: Robert B. Moriarity, Esq. Buffalo, New York ****************** Coffee Break 10:30-10:45 ****************** IV.Custody Issues A. Do's and Don'ts Client Conduct; Pretrial Matters; Trial Strategies and Tactics; Dealing with Law Guardians, Experts, (Psychologists, Social Workers), Relatives, Teachers, etc. 1:30-2:00 By:PeterJ.Fiorella,Jr.,Esq. Buffalo, New York B. Attorney as Advocate/Office of Court; The Mental Health Professional as Expert Witness; Planning the Case 2:00-2:30 By: Frank Alabiso, Ph.D. Buffalo, New York V. Discovery and Valuation of Marital Assets A. Financial Statements; Interrogatories; Notices for Discovery and Production; Examination Before Trial By: Alvin Ashley, Esq. 2:30-3:00 New York, New York B. Determining Valuation Dates; Working with Accountants, Appraisers and Actuaries 3:00-3:30 By: Alvin Ashley, Esq. New York, New York VI. Matrimonial Trial Practice A. Calendar Practice; Bench Trials; Organizing and Proving Financial Case; Strategy and Tactics By: Miriam M. Robinson, Esq. 3:30-4:00 New York, New York B. Selected Evidentiary Issues; Proving Fault Grounds 4:00-4:30 By: Paul Ivan Birzon, Esq. Buffalo, New York 111. Negotiating Opt-Out Agreements A. Psychology of Matrimonial Negotiation; Strategy and Tactics; Courthouse ****************** Questions & Answers Opt-Outs 4:30-5:00 10:45-11:15 By: Timothy M.Tippins, Esq. 11:15-11:45 LUNCH BREAK 12:15-1:30 American Academy of Matrimonial Lawyers New York Chapter Symposium On "The Practice of Matrimonial Law: A Lesson In Reality" Presented at SUNYAB SCHOOL OF LAW & JURISPRUDENCE John Lord O'Brian Hall, Room 106 Saturday, February 25, 1989, 9 A.M. 4 P.M. 11. Preliminary Matters A. File Organization; Drafting Pleadings By: Brian Barney, Esq. B. Troy, New York Law School News Briefs Harvard The financial aid committee of Harvard Law School recently made some changes affecting the implementation of the school's Low Income Protection Plan (LIPP). LIPP is a loan forgiveness program designed to relieve the burden of repayments of educational loans for graduates in low-paying, law-related jobs. The changes made by the financial aid committe now make some of the so-called replacement loans ineligilbe for LIPP assistance. Replacement loans are loans issued by the school to cover the difference between parental contributions, summer savings or other resources imputed to the student by the financial aid office and those resources actually available. Nearly half of all Harvard Law School students receive replacement loans averaging $2,259 per student. Under the new plan replacement loans for student resources or summer savings taken out after July 1, 1988 are no longer eligible for LIPP assistance. Replacement loans for imputed/parental contributions will now be covered by additional loans the first three years after graduation and those loans will be forgiven over the remaining seven years of the ten year forgiveness program, providing the student remains eligible for the program. One of the reasons citedfor the changes in the program is the increased cost in ATCHRONES ATION administering it, due to an increase in participation. From 1979-1980 through 1986-1987 a total of $63,000 was spent in loan forgiveness, an expanded forgiveness program in 1987-1988 led to total forgiveness of $355,000 during that year alone. An editorial in the HarvardLaw Record, the Harvard Law School newspaper, said that the changes in the LIPP program demonstrate a lack of respect for students and called for the law school to be more upfront about future changes in the program so that student's views may be included. (Harvard Law Record, vol. 87, no. 9, January 20, 1989, pp. 1,4) New York University In response to recent racial incidents at the law school, an already existing committee on disciplinary procedure will be given the additional task of defining bias offenses. The faculty had decided in December 1988 to give the dean of the law school authority to appoint one or more committees to define bias offenses, including those based on race, sexual orientation, ethnicity, religion and alienage. The dean, however, decided not to appoint a separate committee and on January 2, 1989, made the announcement of the expansion of the already existing disciplinary procedure committee. Response to the handling of the situation have been mixed. Incidents in the first semester includedthe burning of a poster Animals .... from page 7 and, indeed, its body. Now, who do you experiment on, the chimpanzee or the human? If you said "the chimpanzee," then ask yourself why? Because it's an animal?That's not good enough. Humans are animals too we're primates, just like the chimpanzee. We know that the chimp is smarter than our human, and so will feel pain "more" than the human. Why, then, is it still okay to burn the chimp and not the human? Could it be a prejudice that has been instilled in all of us throughout our lives, that animals are inferior? It's a cultural prejudice. For example, Native Americans did not think of animals as inferior, merely different. But then, look what we did to the Native Americans — on a student's door and some faculty members feel that establising a separate committee to deal with the situation would help demonstrate that the law school is taking a strong stand. Other faculty members feel that the creation of another committee is unnecessary to address the situation. (The Commentator, vol. 23, no. 8, January 26,1989, p. 1) Hastings A former Hastings law student has filed a lawsuit alleging sexual harassment by a Hastings professor. The complaint alleges that the plaintiff, 1988 graduate Connie Steele, was subjected to sexual harassment during several months that she worked as a research assistant for Professor Justin Smith. The suit names the law school. Professor Smith and several other faculty and staff members as co-defendants. The complaint contends that the other faculty and staff members failed to act on the knowledge that Smith had harassed Steele and other female research assistants. Steel also filed charges against Hastings several weeks ago with the California Department of Fair Housing and Employment, alleging that she was denied wages owed her because she objected to sexual harassment. (Hastings Law News, vol 22, no. 5, February 2, p. 1) .. The wearing of fur does not here require much discussion, for it is a plain and simple fact that the wearing of fur in modern society is despicable, and that anyone who buys a fur, despite their knowledge of the suffering that went into making it, is a cruel, cold-hearted person. In this, our kinder and gentler America, billions of animals suffer in factories, labs, traps, circuses, hunting preserves, rodeos, classrooms, pet stores, pounds, game pits, military testing labs, zoos, aquariums, sacrificial altars, and in the backyards of the neighbors down the road. Mahatma Gandhi once said that the greatness of a nation can be judged by the way it treats its animals. If that is true, then the United States is no greater than vomit in a cesspool. 4H fe.tnth tvcMr, Nu'ir ft] Ntw York. V» \ork 11)001 February 21, 1989 The Opinion 11 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989 Regular Tuition Spring Semester Discount $1050 $950 New Jersey $825 Massachusetts, Conn., Maine, $925 $725 New York V IwU NKRIorVT 1989 Regular Tuition New York $1050 New Jersey $825 Massachusetts, Conn., Maine, $925 $825 Class of 1991 & 1992 Class of 1990 Spring Semester Discount Ajnr NH.RIorVT BAR REVIEW 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 . Vou pay omy 160 Commonwealth Avenue Boston, MA 02116 617/437-1171 You Pay only _ * Spring Semester Discount $925 $900 $700 $675 *|>I*/U $800 lilt; Idol $775 Udy LU oUUUIt? thJS diSCOUflt JS MADPU OOnrl IVlMriOrl /LdLUU A $50 registration fee reserves this 12 The Opinion February 21, 1989 You Pay only price. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-02-21 Alternative Title An alternative name for the resource. 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Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f1ce09e3c345124f475675f134fd9dfc.pdf 26ffc42278e61cec41964fe4b8b764b5 PDF Text Text THE OPINION Volume 29, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 1, 1989 Law School's Anti-Discrimination Policy Suspended Last week, State University ofNew York selfwould be announcing the University's at Buffalo Provost, William Greiner, announcedthat the University was suspending the Law School's recent prohibition of on-campus discrimination against homosexuals, the handicapped or people over 35 years of age. In a telephonic inter- position "within a week or ten days." The Provost also said that "I guarantee it (the jurisdictional issue dealing with Law view on Thursday, February 23rd, Provost Greiner said that the suspension of the by Alexei Schacht News Editor Law School's policy was done so that the University could "do some clarification of the jurisdictional issue." Namely, whether theLaw School or the University, if any body, has the authority to determine which organizations may recruit on campus and what school anti-discrimination policy ought to be. Greiner emphasized that while "all of us (in the University Administration) are advisory to the President," Greiner him- School anti-discrimination policy) will be given very careful attention." Because the University is presently reviewing state statutes and relevant case law, Greiner was hopeful that the "SUNY Office of Legal Counsel" in Albany would not have to be consulted. "Our preference is to resolve it on campus," said Greiner. However, on Tuesday, February 21st, in a meeting with about twenty law students, Dean Filvaroff said that a recent New York Post editorial, criticizing the School anti-discrimination policy on recruitment, caught the eyes of certain Albany authorities. Those authorities, according to Dean Filvaroff, contacted President Sample and Provost Greiner to express their consternation. Faculty Candidate Singleton Evaluated by Students Only a handful of students attended the recent meeting with Palmer Singleton, a law school faculty candidate in the fifth floor lounge. Students who attend these discussions with prospective faculty are requested to complete an evaluation which is reviewed by the Appointments Committee. The candidate's resume and publications are on reserve in the library before the meeting. Those students who did not attend this last meeting missed a chance to talk with a non-traditional and innovative attorney. Criminal law would be Palmer Singleton's main focus upon receiving a faculty appointment from UB Law School. His method of teaching criminal law relies more heavily on criminal procedure than the traditional method. by Jennifer Latham Staff Writer Criminal law has not always been the focus of Mr. Singleton's interest. After working for several years as a merchant mariner, Mr. Singleton entered New York University Law School intending to focus on labor law and labor education. As he studied criminal law and became friendly with his professor, he developed a strong interest in the field. After law school, he became the supervising attorney responsible for overseeing student cases and conducting trial advocacy classes at the Criminal Justice Clinic of the Georgetown University Law Center. He also litigated an independent caseload. Singleton's cases such as Morgan, et al v. District of Columbia which involves an appeal of a conviction of unlawful assembly of demonstrators picketing an Air Force convention that promoted nuclear weaponry contain appearances by law student counsel. Since 1984, Mr. Singleton has been involved with the Southern Prisoners' Defense Committee in Atlanta, Georgia. He is the staff attorney responsible for representing individuals charged with capital offenses in Mississippi, Florida, and Georgia. He also develops and presents a program designed to upgrade the caliber on indigent defense in capital cases. According to Singleton, defending a capital case involves getting at least one juror to suffer enormous pressure both in and outside the court and say no, I'm not going to give you the sacrifice of this person's life. Getting a juror to that heroic stance which is the only element of decency that there ever is in the law, Singleton says, is the job of the criminal lawyer. Singleton maintains that the juror is the only person who has had any guts, insight and truth. He adds that getting a juror to the point of saying no represents a combination of life, law, politics and institutions that he thinks is the core of understanding and dealing with the law. This process forces a kind of rethinking about criminal law and criminal procedure, Singleton argues, that this process ought to be going on in law schools but isn't. This rethinking represents a unity that is predicated upon bridges between a lawyer, a client and a juror. He states that it represents a unity based upon being able to take a person's life, to ferret out and reshape it, and to put it together in a way that provides jurors with reasons to stand up and say no. Faculty Candidate Palmer Singleton Palmer Singleton has chosen to become a criminal lawyer because he loves criminal law and litigation. He characterizes his work as fun and exciting. Singleton has a great deal of affection for his clients and says that he has no use for people with money. The majority of his clients have never had a chance in life and often are not able to trust him initially. Mr. Singleton finds that after watching him fight for them, his clients are better able to take control of their own lives. Students ought to try to attend the faculty candidate interviews whenever possible. It is a way of having some voice in the hiring process. All of the students present at the last interview felt that Palmer Singletonwould be a stimulating addition to the law school community. Despite the University's decision to review the Law School's policy, Provost Greiner said that "with respect to the behavior of the institution (the entire Univerit is clear that our affirmative acsity) tion standards include sexual orientation." So too, as regards all hiring and student admissions, "we're clear on not discriminating," said Greiner. Nonetheless, Dean Filvarofffelt that the Law School was not in the forefront on preventing discrimination on the basis of sexual orientation. Many of the law students at the February, 21st meeting with Filvaroff called for continued pressure on ... both President Sample and Provost Greiner, on both moral and legal grounds, to affirm the Law School's anti-discrimination policy. The final outcome of this meeting was that there will be another faculty/student gathering, like the one that led to the anti-discrimination policy at issue, in a few weeks. *Last week the University of Michigan Law School announced that the Federal Bureau of Investigation would be prohibited from recruiting on campus because a Federal District Judge in Texas found that the FBI discriminated against Hispanic agents. Erie County Legislature Holds Plastics Ban Hearings by Ted Baecher "I don't mean to denigrate this material," stated Walter Simpson, University of Buffalo energy officer, as he held up a styrofoam cup, "but is five minutes of fast food eating and drinking worth the environmental consequences of making this and tossing it away?" Simpson's concerns were voiced by many evironmentalists and interested citizens at a public hearing held on Thursday, February 16, at the Erie County Legislature. The hearing was held to provide members of the public with an opportunity to express their views regarding a proposed bill which would ban non-biodegradable retail food packaging in Erie County. The Erie County bill, details of which are still being discussed, will probably be similar to a Suffolk County ordinance which prohibits a retail food establishment which does business in Suffolk County from selling or conveying food unless the food is sold in biodegradable packaging. Under the Suffolk ordinance, fast food" restaurants can no longer use styrofoam cups and containers and supermarkets can no longer use plastic bags at the checkout counter. Suffolk County's ordinance stems from concerns that plastics in the form of discarded packaging largely contribute to the County's solid waste disposal problem. The Erie County Legislature's public hearing focused not only on the solid waste disposal problem; speakers also addressed broader environmental concerns. Lester Milbraith, UB political science professor, noted three hidden costs of the use of plastics: the depletion of oil, from which plastic is made, the higher prices to dispose of solid waste, and the effects on the biosphere. Milbraith proposed that a tax of 20 cents be imposed on all plastic items since the hidden costs of plastic production and use are not currently included in the price of these items. Robert Catalano, a member of the Sierra Club, followed up Milbraith's proposals by declaring that plastic production and use is an "anachronism of the 1950's and 19605" and that the continued use of plastics is "morally repulsive and philosophically corrupt" in light of the tremendous health effects of plastics production and use. Such health effects, as many speakers pointed out, include the release of deadly dioxin compounds into the air when plastics are incinerated, the creation of chloroflourocarbons (CFC's), which is directly linked to the depletion of the ozone layer, and the contribution of plastics manufacture to the increase in toxic waste. Industry spokesmen responded to these arguments by claiming that the food and plastics industry is moving ahead in outlining strategies to deal with environmental problems, that food prices will increase if plastics are banned, and that consumer demand for plastic is high. Mary Ellen Burris, public relations director of Wegmans, stated that the plastic ban is a "band aid solution" to legitimate environmental concerns and that "plastics fit into today's lifestyle." John Fortini, director of the New York State Restaurant Association, expressed concern that the food industry is being singled out in an environmental war that should be directed toward all industry that uses plastic. Industry spokesmen, though, failed to counter the environmentalists' compelling arguments that landfill sites are dwindling, that plastics, as unrecyclable material, represent about 40% of solid waste in landfills, and that the production and incineration of plastics create deadly dioxin compounds and CFC's. Although Robert Taggert, a local sales representative of Dart Container Corp., spoke of the testing that is being conducted to recycle plastics, no solution has yet been effected and none is expected in the near future. Walter Simpson emphasized that the ban is only the beginning of the solution in tackling the world's environmental problems. "Our earth is in danger and time is short. The ban on plastic packaging in Erie County is a small start in the right direction." Paul Reitan, professor of geology at ÜB, echoed Simpson's concerns when he stated that a ban on plastics must be complemeted by encouraging the use of substitutes such as glass, metal and paper, and that employment must be found for those plastics workers who might lose jobs due to a decrease in the use of such items. The task force which heard testimony at the public hearing will make its recommendations to the Erie County Legislature in the next couple of months. Jim Monroe, a member of the Environmental Law Society, suggested that students should "write their legislators to let them know of their support for this vital piece of legislation." HIGHLIGHTS "Art and the Law" lecture series kicks off at the Albright-Knox Art Gallery in Buffalo pg. 3 .... Miss Social Procedure makes her debut pg. 7 �Friday, Maseh 17,1989 (Happy Day!) REVIEWS one day seminar PIEPER NEW YORK will be offered 9:00 a.m. to 4:30 p.m. NEW YORK CITY LIVE: Sunday, February 26, 1989 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Sunday, March 5, 1989 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 17,1989. The exam fee is $25.00. Late registration will be accepted until March 8,1989, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 18,1989. For more information contact your Law School Pieper Rep or PIEPER NEW YORK-MULTISTATE BAR REVIEW LTD. 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 2 The Opinion March 1, 1989 �"Art and the Law: Some Strange Intersections" The first of four lectures in the "Art and theLaw" lecture series was held on Sunday February 19, 1989 at the AlbrightKnox Art Gallery in Buffalo. The lecture series is a joint effort of the University of Buffalo Law School, the University of Buffalo Department of Art History and the Albright-Knox Art Gallery. The series is being underwritten by Buffalo law firms Saperston and Day, and Hodgson, Russ, Andrews, Woods and Goodyear. by Donna Crumlish Managing Editor The first lecture was presented by Mr. Stephen Weil, deputy director of the Hirshorn Museum and Sculpture Garden, part of the Smithsonian Institution in Washington D.C., and was titled "Art and the Law: Some Strange Intersections." Mr. Weil began his lecture by saying that lawyers and artists get involved in many unpredictable entanglements because "The law basically is not able to work with works of art as works of art." He then went on to explain how the law is crucial to artists particularly in the areas of copyright, right to privacy and first amendment rights. Basically two Constitutional questions are raised in the field of art law, the first being "Is art a form of speech?" This question is most often raised when works of art are in some way controversial or make an unpopular political statement. Mr. Weil gave the example of the conflict between New York State's strict flag desecration statute and works of art which depict the U.S. flag in an altered, mutilated or appalling way. Mr. Weil showed a slide of Ronnie Cutrone's artwork titled "Space Invader" which depicts an outerspace type character painted on an actual U.S. flag. He stated that it is uncertain whether this artwork wouldviolate theflag desecration statute if displayed in New York State or whether it would be protected as a form of speech. The second Constitutional question raised in the field of art law is "Can we characterize a work of art as a writing?" This question has seen the most debate in the area of copyrights. As of this date the SupremeCourt has not addressed this question. Congress has taken it for granted that artists are authors in the drafting of copyright laws. The question may be raised this term in the Supreme Court however as the Court prepares to hear arguments in a copyright case on March 27. The case involves a dispute between the Washington D.C. Committee for Creative Nonviolence (CCNV) and Baltimore sculptor James Earl Reed. CCNV commissioned Reed to create a sculpture of a homeless family squatting over a grate. Reed contends that he owns the copyright and CCNV contends that they do claiming it was a work for hire situation and that CCNV came up with the concept for the sculpture. The case has turned into "a battle of titans" says Mr. Weil, with Time-Life and IBM paying for the appeal for CCNV and over 40 artists groups and individuals paying for the appeal on Reed's side. Another area in which art and the law are intertwined is in the areas of right of privacy and right of publicity. The right of privacy comes into play when artists portray individuals in their works. Many artists are now scrupulous in obtaining releases from persons who are the subjects of artworks or photographs so that right of privacy problems can beavoided. The right of publicity "involves the freedom of an individual to commercially exploit oneself or one's work." The right of publicity continues past death and may be enforceable by the person's heirs. Currently eight states have right of publicity statutes and the "Celebrity Rights Act" is currently pending in New York. One of the most celebrated cases in this area involves a suit between the heirs of John Wayne and the estate of Andy Warhol. Warhol used Wayne's image in a print which has been commercially reproduced. Wayne's heirs are suing under California's right to publicity statute, claiming they have sole rights to Wayne's image and that the value of Warhol's picture is in the image of Wayne, alleging that people don't want an Andy Warhol work, only a picture of John Wayne. Wayne's estate is claiming that Constitutionally Warhol can comment freely. The lower Court found the right of publicity statute a violation of the Constitution; the case is currently on appeal. Another area where art and the law coincide is in the area of Moral Right. Moral Right involves the notion that an artist has a continuing interest in a work even after it has been sold. Most important in the Moral Right arena is the Right of Integrity, which generally means that an artist has a right to have his work remain free of alteration, mutilation or destruction no matter whose possession it is in. New York currently has a statute which embodies the Right of Integrity and forbids the display in a public place of a work of art in damaged, mutilated or altered form if there is a likelihood of reasonable harm to the artist's reputation. Thefinal area that Mr. Weil covered was the area of child pornography. Many states are under pressure to construct Movie Review: "True Believer" Woods Redeems Formula Hollywood Movie True Believer is the story of Eddy Dodd, played by James Woods. Dodd is a criminal defense attorney who specializes in defending drug dealers. This was not always the case. It seems that in the 60's Dodd was a radical lawyer ala William Kunstler. But now things are different. These days the only reminders of Eddy's glorious past are his ponytail, his Hendrix music, and the joints he constantly sucks down. Poor Eddy has lost his faith. by Michael D. Gurwitz Staff Writer An idealistic young lawyer, played by Robert Downey, Jr., and a prisoner accused of killing a fellow convict, played by Uji Ukomoto, enter Dodd's life at the same time and give him a chance to redeem himself. Ukomoto was originally convicted eight years before for a murder in New York's Chinatown. Dodd agrees to represent Ukomoto for the prison killing, but soon grows to doubt whether Ukomoto was actually guilty of the Chinatown murder. Is Ukomoto innocent? Was there a cover-up? Will Dodd triumph over the arrogant D.A.? These questions provide True Believer with its plot. True Believer is a formula Hollywood movie in many ways, from its boring pseudo-rock and pseudo-R & B soundtrack and its conventional photography to its simple narrative and predictable characters. However, it is a fairly enjoyable and interesting film, with plenty of law student-pleasing courtroom scenes. What truly redeems the film is James Woods. Once again, he plays a troubled, intriguing character, and plays it very well. The supporting cast is also good, and the streets of New York provide a satisfyingly sleazy backdrop for the sleazy goings-on. The film's various messages are also quite refreshing. In an age ofyuppie greed and drug hysteria, it's a pleasure to see Eddy Dodd, his shaggy head emerging from a haze of pot smoke, smile and tease his assistant about getting a Wall Street job. Keep fighting the good fight, Eddy. Stephen Weil, Deputy Director of the Hirshorn Museum, spoke at the "Art and the Law" Lecture Series. . strictchild pornography statutes. As such, the statutes are interfering with the creativity of artists. Mr. Weil said "the pornography statutes are so sloppily drafted because no one wants to speak out to the other side except groups like the ACLU which don't have much power." Currently the constitutionality of a Massachusetts child pornography statute is pending before the U.S. Supreme Court. The highest Court in Massachusetts found it unconstitutional. The statute makes it criminal for a child under 18 years old to pose or be exhibited nude. The minimum sentence is ten years in jail and/or a $10,000-$50,000 fine. Drafters of the statute claim that artists will not be affected because the statute includes as an affirmative defense the opportunity to show that the work was ultimately intended to go to a museum. Mr. Weil concluded his lecture by saying that "Out of the best of motives we are constantly finding efforts to constrain what artists paint or carve or draw Art law with all its paradoxes, intrigues and ironies is not what looking at art should be about. but is one of the many things that lead us to look at things and enjoy them for their own sake." .. . Survivor Speaks On Experiences In Holocaust The Holocaust, Hitler's 'burnt offering' of over six million Jews during World War 11, often becomes an incomprehensible abstraction to people of my generation. Even those raised as Jews, like myself, who have encountered a formidable barrage of books, pictures, filmstrips, television and movies find the topic important but difficult to comprehend. Yet hearing actual survivors speak removes at least one level of abstraction. Last Wednesday, February 22nd, Polish Holocaust survivor Sam Friedman reminded me and about forty others that what happened still lives on today in those who saw it. They must continually remind others of private wars that people like them have won, so that their children could live free and without persecution. by Damon Scrota Layout Editor Sam Friedman was born in the third largest city in Poland, a city like Buffalo in many ways but one: one third of its population was Jewish. Friedman was only 19 when the Nazis occupied Poland, at an age when most young men like him in Poland were about to go off to college. Instead of entering the revelry and rebellion of his freshman year in college, Friedman and his family were thrown out of their houses and put into ghettos with the rest of their fellow Jews. Friedman was transported from the ghetto to what he thought was a German work camp. Its name was Auschwitz, the worst of all the Nazi concentration camps and home of the infamous Dr. Joseph Mengele, chief torturer, experimenter and exterminator for Hitler's Third Reich. Every weekafter Friedman arrived, he and other prisoners were paraded nude in front of Mengele, who determined who would live and who would be burned in the crematoriums just outside the gates of the camp. "To be clean," Friedman said, "was the most important thing in Auschwitz. If you did not, you stopped caring and the Germans would see that you lost. The next Saturday you were in a crematorium. The Germans wanted us to give up. We had to fight to stay alive." Friedman next addressed the question of why Hitler singled out Jews for exter- mination. "We (the Jews) didn't have any war with Germany. German Jews were among the biggest patriots in Germany's previous wars. The Nazi's thought it was their mission to take care of the whole world. And you don't do this in a nice and liberal way. Jews represented a problem Humanism, underto be cleaned up standing, love, things thatthe Jewish race represented, were not to exist in Ger- .. many." The direction of Friedman's speech eventually turned to the topic of why he thought he survived Auschwitz. "Why am I alive? Many times I have asked myself this same question. I can tell you one thing. The heroism of the Jewish people during the war was unbelievable. Hoping eventually that Hitler will lose, that soon you would be free, that is heroism. Heroism is giving your neighbor food in a little spoon, when you have none, to keep him alive. Heroism is observing Jewish holidays in Auschwitz. On Simchat Torah, we danced. It's unbelievable." In Auschwitz, Sam Friedman met up with his brother after a year of surviving the death camp. "He had only been in the camps six weeks but I could not recognize him. He looked like he was ready to die. If you survived a year of Auschwitz, the Nazis gave you some respect. So I did have a few privileges that newcomers did not. I went to the hospital and begged the doctor to allow my brother to stay back from work. He gave me a pass for him for three days in the hospital." Friedman's brother also survived; he now lives in Israel with his family and two children. One of the last things that Sam Friedman had to say before he left will remain with me whenever I think about the Holocaust. "Remember this. Every second person in the leadership of the SS (Hitler's elite squad of the leaders of the Third Reich) had a PhD." It was among the most educated of Germany's society that planned the mass extermination of the Jewish People. That fact, especially to those of us planning to become lawyers one day, should stand as steadfast warning against the abuses of the power that knowledge can bring. Sam Friedman reminded myself and forty others of that very important lesson. (This event was sponsored by the Jewish Law Students Association.) March 1, 1989 The Opinion 3 �OPINION OST STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 11 March 1, 1989 Editor-in-Chief: Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Daniel Ibarrondo Cruz Donna Crumlish Andrew Culbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Staff: Bruce Brown, Lenny Cooper, Michael D. Gurwitz, Eric Katz, Jennifer Latham Contributors: Ted Baecher, Mary Kane, David Smith "Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. OM Tphineo ailbox: Student Comments Extensively On "Flawed" Exam Format Dear Editor: I think I now understand why the UB Law School t-shirts are emblazoned with a dinosaur. I think it is supposed to signify the fact that a substantial number of law school professors have a fossilized commitment to the anachronistic convention of employing a testing format of the severely time-restricted, one-pop, no-feedback variety, which is designed to make the deliberative, reflectively prudent student extinct. This convention is proppedup by the unqualified, specious premise that 'faster is smarter,' therefore 'faster is better.' I suggest that this kind of rationalistic malfeasance won't pass muster in the face of even a modicum level of scrutiny. I intend to subject it to such scrutiny in the ensuing analysis. There is one fundamental canon of good writing that is revered throughout academics. This canon states that all 'good' writing is derived from a process of countless revisions; the admonition to all writers seeking excellence is "Revise, revise, revise, revise, revise before submitting a writing effort as a final product." The current time-restricted exam format militates against the deliberative, reflective student and de-values this cardinal writing principle in that it deprives him/her of any genuine opportunity to execute these prudent deliberative and revisionary procedures. The current timerestricted exam format inculcates in the student the peccant notion that the most 'astute' writers and adept veterans do not need to subscribe to this cardinal writing principle; the implication is that the more adroit, sagacious scholars are able to disgorge their profundity in a single heaving eruption that produces the finished hardcopy. This is a myth woven by ignorance and perpetuated by delusions of grandeur of the elitist variety; the maxim of revision is binding against the almighty and the neophyte alike, as any good writer already knows. The canon for good writing recognizes the prudence of reflection and deliberation, as well as their necessity. If a student takes the time to inquire as to the reasons for her/his 'Q' grade, s/he will invariably hear the instructor's recurrent rebuke "You didn't say enough." The second most droning theme of reproof is "The answers aren't cogently organized in the paper." But the core refrain is that the student didn't say enough, did not dedicate enough attention to detail; The student will inevitably discover that this is true and will often be silenced in humility in the face of this truth, without stopping to realize that this result fulfilled the selfpredicating prophesy of an exam that was calculated to deprive the student of the opportunity (time) necessary to actualize those cardinal writing principles which are essential for a quality performance. Invariably the shortfall was not due to a lack of understanding by the student nor was it attributable to any so called inability on the part of the student to grasp complex legal issues, or to write a coherent, well-organized paper. The result was most often predicated by an exam format that dictates the very results it is alleged to discover. The testing format eschews essential writing principles that are revered by most educated persons, because it disembowels the examination process of the necessary time factor that most reasonable, deliberative students require to actualize good writing revisionary procedures. The exam format is 'flawed' precisely because it fails to do exactly what it is purported to do, measure the understanding of the student. The irony of this is that the very question that the exam is supposed to inquire into (the student's understanding) is the self same issue that is rendered indeterminate by the flaws in the exam format; the time-restricted exam format predicates the very issue it claims to measure. Put simply, and at point blank range, the exam format is a — Editorial Humanize Food Policy For Hungry At Home And Abroad When President Carter announced a grain boycott against the Soviet Union in early 1980 to retaliate against their intervention in Afghanistan, there could no longer be any doubt that food is a weapon in the arsenal of U.S. foreign policy. Although this action is the most dramatic instance of U.S. food diplomacy in recent years, food power has been a recurring theme in U.S. foreign policy over the past decade. Former Agriculture Secretary Earl Butz (infamous for his undiplomatic bluntness) summed up prevailing thinking in Washington when he told reporters in 1974: "Food is a tool. It is a weapon in the U.S. negotiating kit." Numerous myths concerning the causes of world hunger have been used as the foundations for establishing policies aimed at decreasing and/or eliminating world hunger. Among these are myths that perpetuate the false notion that hunger is caused by overpopulation and that there is simply not enough food. Nothing can be further from the truth than the reality that hunger is in large part determined by institutions and policies that determine who eats and who starves. Virtually every "hungry" country produces enough food for all its people. Redistribution of food supply is key to wiping out hunger. Although redistribution depends on the policies of low-income countries and local efforts within those countries, much also depends on U.S. policies. With the passage of the Agricultural Trade and Development Act (Public Law 480) in 1954, food aid was institutionalized as an arm of U.S. diplomacy. The intent of PL 480 was, and remains to be, the development of future commercial markets for U.S. grain exports and to solve the problem of mounting U..S. farm surpluses by dumping them overseas. Thus, it is not surprising that little of the food shipped overseas under the PL 480 program has reached the hungry in recipient countries, since the original legislation did not even pretend to have a humanitarian purpose. (The humanitarian intent clause was added to the law much later.) The World Hunger Interest Group (WHIG) has been operating at the University of Buffalo campus in an effort to raise consciousness about world hunger among students, faculty and staff. Part of the organization's goals include a "hunger clean-up" campaign in Western New York. A goal which merits comment considering the fact that the majority of Americans do not recognize hunger as a basic fact of life in America. Although two-thirds of the undernourished people of the world live in South Asia, one-fifth in Sub-Saharan Africa and aboutfour-fifths in thirty othercountries with extremely low per capita incomes, according to a report by a group of Harvard physicians, there are an estimated twenty million U.S. citizens who lack enough food to eat for at least two days each month. A depressing fact considering the enormous amount of wealth that this great nation has. Hunger in the United States can be eradicated via a policy aimed at depoliticizing our food distribution and pricing policies presently in effect and providing governmental assistance to those small-scale farmers who actually plow and sow America's farmlands, and who incidentally in some cases do not have the financial resources needed to feed their own families. The United States can be extremely influential in determining who eats in countries that are recipients of PL 480 food credits and aid. Hunger is not a political or ecomonic issue, it is a human concern. The single most important thing needed to overcome hunger in the United States and the world is to convince people that they can help change national policies on hunger. The only limit to man's progress is his/her imagination. The Opinion would like to extend a sincere apology to Ms. Judith Buckley for the misprint of her article in the February 21, 1989 issue of The Opinion. 4 The Opinion March 1, 1989 Draconian charade. It is not reasonably calculated to avail the student an opportunity to responsibly deliberate on the issues or the congruent points of law, or to develop the optimal format for presentation through revision. The mere suggestion that a four hour exam is capable of reflecting a student's apprehension of complex legal material exhaustively presented throughout an entire semester denigrates the very nature of the subject matter of that course to an abject level of absurdity. Academic grades claim to be indicators of a student's mastery of various legal principles and her/his writing skills, and the student's ability to apply those legal principles to complex situational facts as they are presented. As such, it is imperative that the exam be calculated to meet that claim.At present they clearly do not. Instructors who argue that they have tried the longer exam-time format and have gotten comparable or inferior results in terms of quality exam performances have anchored these conclusions in logically flawed premises which violate several cardinal rules of research that determine the validity of such conclusions. In order to justify their conclusions they would have to hold all other factorials in the equation 'constant,' except for the time-allowance element. Yet this was not done. The students from one class to the next vary immensely The exam questions differ from one semester to the next There is no way of separating out which type of student is alleged to have done worse, the deliberative student or the hasty student, or both; there is no way of ascertaining whether 'all' did worse or only 'some.' (if any) Most instructors who make the claim of inferior or comparable results from the longer time-allowance format draw the conclusion that when they give students more time to take an exam they simply write 'longer' papers, not necessarily 'better' papers; These instructors argue that the opportunity to write a longer paper tends to make the writing more distended and/or convoluted; these assertions prompt the instructor to cast the truant conclusion that the shorter time-allowance format is superior. This conclusion is erroneous for several reasons: The instructor could isolate this alleged problem out of the picture by circumscribing the length of the writing with a stipulated maximum re- • • • • quirement. Those instructors who have already done this will be hard-pressed to blame the longer time-allowance format for the inferior results without overreaching with some absurd assertions such as some of the following: 1. Reflection and deliberation are negative factors that are deconstructive or counterproductive in the analytic process ;■ 2. Due care is inferior to helter-skdlter haste 3. The more you 'think' the further away you move from the legal issues 4. The less you think, the more articulate you become 5. Brilliance can only express itself in the endowed student under conditions which severely curtail reflection and deliberation 6. "I can't definitively determine why the results were inferior, therefore it must have been due to the increased time-allowance. I'm sure I didn't make the exam more difficult in an effort to compensate for the increased time-allowance." One instructor argued that "If we put everyone on an even playing field, this will militate against the 'good' student." This tumid, self-predicating jabberwocky (See Flawed Exam Format, page 7) �Controversy Over Satanic Verses Compared To Last Temptation Uproar The controversy surrounding Salman Rushdie's book The Satanic Verses, has once again shown the intolerance that people tend to illustrate when their religion is attacked. Defensive, at least in this case, is a slight understatement, since Ayatollah Khomeini, along with some Iranian clerics, has offered a $5 million reward to the person who kills Rushdie. Not only is this action deplorable, but it attests to the fact that the written word is often more powerful than we might like to believe. by Andrew Culbertson Features Editor I Although have yet to read the book, accounts of it indicate that Rushdie's treatment of key figures within the Islamic faith is less than flattering. For example, he implies that Mohammed's (the founder of Islam) wives were prostitutes, and that Allah (the Islamic version of God) is not infallible. Although Rushdie has apologized, Khomeini has stated that it is the duty of every Moslem "to employ everything he's got, his life and wealth, to send him to hell." While this response is undoubtedly extreme, I would hope that many Christians can sympathize with Khomeini. It wasn't too long ago that this country saw longer lines outside of RKO Cinema than in front movie which caused such an uproar this past summer. Last Temptation's portrayal of Jesus, deemed by many to be blasphemous, depicted him as being insecure, indecisive, and, perhaps worst of all, human. I must admit, I have always been puzzled when a group of people set out to denounce a book or a movie. What, exactly, is their rationale in taking such action? Abortion protesters demonstrate with the ultimate goal of having abortion outlawed. Likewise, blacks in the 1960's demonstrated for equal rights, and were fairly successful. But what do people who protest a book or a movie hope to achieve? Whatever it is, I would contend that it is outweighed by the public response that is generated by such protests. Based on Khomeini's reaction, we can infer one of two things. First, perhaps there is more truth to Rushdie's book than Khomeini, as well as other Moslems, would like to believe. Although this would appear to be unlikely, it's no secret how much the truth can hurt. Second, if Khomeini doesn't believe that it is true, he is virtually admitting that this book, lie that it might be, is still important enough to warrant this type of attention. In denouncing the book as vehemently as he has, Khomeini has made it into an interna- Commentary... And Some Say This Is Radical by Dave Smith Consider the possibility that students at this school may soon charter a White Law Student Association in the near future. One of my classmates presented to me a proposal to start a WLSA. My classmate complained that the Black Law Student Association (BLSA) poses the threat of reverse discrimination, and is not fair to white students. He further stated, "David, you're a good person and you can join if you'd like we surely could just kidding use you as a mascot. Dave." I must admit that I was somewhat taken aback, but I brushed the statement in order to see what other ignorant statements he would make. After our conversation, I gave his words some thought. Later, I encouraged him to charter such an association, and to try and gain all the support he could. I informed him that it only hinders the sentiments of others if he, along with his friends, conceals his thoughts. Silence, for the most part, only shows fear. His statements also made me think about how much many of the people in this school say they oppose racism. Liberals continue to write articles about racist issues, but that is the extent of it. Time and again, I walk through the law school and see all those liberals concentrating on issues that are frivolous compared to racism. Many of them take up space in the hallway, and wave signs saying ban this or boycott that. One day these liberals are banning plastic, the next day it's grapes and tuna fish, and by the end of the week it's animal rights. Blacks in this country don'thave human rights let alone civil rights. Protecting animals is like a slap in the face. The liberals in this school are placing the rights of animals before the rights of human beings. Maybe these students are lost and assume that the Fourteenth Amendment is sufficient enough to ensure equal protection. The actions of these people, black and white are just plain ridiculous. If scientists don't use the animals for AIDS and spinal cord research, then what do these liberals suggest? Perhaps human beings, or maybe even black people? I'm not saying that race should be the only issue discussed, but it should be placed on a higher list that some of these other concerns. The people in this school need to focus their attention on more important issues. The aforementioned classmate is a conservative who, like the other conserva- .. . tional best seller. When was the last time Walden Books and Barnes & Noble had to take a book offof their shelves in order to ensure the protection of their employees? To a lesser extent, the picketing of movie theaters that showed Last Temptation conveyed this same message. Although Martin Scorcese's film may have been outrageous, those who were outraged should have simply ignored it. There was nothing tangible to gain by actively protesting. Obviously, the protestors wanted to discourage people from seeing the movie, while sending a message that the movie inaccurately portrayed Jesus. However, by actively protesting the film, they stimulated the public's curiosity, and made the film more of any abortion clinic. Of course, I'm referring to The Last Temptation of Christ, the tives in this school, keeps himself quiet until it is time to make the right move. I'm not saying that they are racists, but they usually don't hesitate or hide their true thoughts like the liberals in this school. I encourage all racist individuals, organizations like the XXX, private law firms, and any other white supremists that lurk in America to make their thoughts public. This country, as well as this school, needs stronger messages than they are now receiving if it is going to wake up and do something about the racial problems in this country. Both blacks and whites have simply become too lax, and need the racists and ultraconservatives to wake them up. David Duke, former Grand Dragon of the XXX and founder of the National Association of the Advancement of White People, now resides in the Louisiana Legislature. Now that he has been electeed, people are upset and are trying to get him out of office on technical grounds. The conservatives in Louisiana have come out in the open and spoken. Their message was strong enough, and goes to prove that this country needs more people like David Duke. Racial reform issues that deserve attention will be brought to the forefront. I don't support racism, but I do support an expedient way to deal with the problem. This article is addressed to the liberals, semi-conservatives, and neo-Negroes who claim to be true believers in the enhancement of race relations. Actually, many of them are simply phonies. If their claims were sincere, then they would all join together, and do whatever it takes to improve relations within this scfibol and country. If violence is necessary to make these racists understand that racism is wrong, then many of these so-called true believers should be willing to fight. Many people are probably upset since I have mentioned violence before peace. I would suggest that violence is the last alternative. Although peace within this country is a good starting point, most of the time it never gets much done. Peaceful demonstrations, forthe most part, give people nothing but tit for tat negotiations. That leaves an organized mass of people with less than they had peacefully demonstrated for. The oppressors can then turn to their colleagues and say that the oppressed now have enough to make themselves feel that their problems have (See Some Say This Is Radical, page 7) popular, and more viewed, than it would have been had they ignored it. Ironically The Last Temptation ofChrist was hardly in the running for an Oscar, and Rushdie's book probably won't win a Pulitzer Prize. Nevertheless, since each one was and is surrounded by controversy, the public doesn't care how good they might actually be. When we were little kids, most of us used to get picked on. Our mothers would tell us to ignore it, saying that the more we reacted, the more we would get picked on. Most of us just couldn't understand the logic behind this advice, and continued to complain and fight back. Unfortunately, it seems as though some of us, particularly Mr. Khomeini, still don't understand. THE ACROSS NATION Law School News Briefs Dickinson University of Miami Students who wish to study comparative and international law in Italy, Austria and France next summer may enroll in the 1989 Summer Seminars abroad program sponsored by The Dickinson School of Law. Programs will be held in Florence, Italy; Vienna, Austria and Strasbourg, France during the summer of 1989. Students enrolled in law schools accredited by the Association of American Law Schools or the American Bar Association are eligible to apply for admission. Three two-credit courses will be offered in each program. The first summer program involves four weeks of study in Florence, Italy from June 5 to June 30. European scholars and practitioners will work with members of The Dickinson School of Law faculty to teach Comparative Civil and CriminalProcedure, Comparative Law and Transnational Business Organizations. Students enrolled in the second summer program will participate in two consecutive two-week sessions, the first in Vienna, Austria and the second in Strasbourg, France from July 3 to July 28. Courses in European Integration, International Transport Law, Transnational and Comparative Civil and Criminal Litigation will be taught by Dickinson faculty and international legal scholars and practitioners. In addition to offering academic credit, each program will be structured to provide opportunities for students to develop an appreciation of the cultural and historical richness at each location. Dickinson has offered summers abroad programs since 1981. For more information call or write Dr. Louis F. Del Duca, Associate Dean for Advanced Legal Education, The Dickinson School of Law, 150 South College Street, Carlisle, PA 17013. Telephone (717) 243-4611. Students at the University of Miami Law School are upset over the way the administration went about making changes in the school's clinical program. The changes themselves apparently are not the problem. Basically two separate programs, a trial advocacy program and a clinical program, were combined into one and some shuffling of credit hours took place. Most agree that these changes probably were for the better. The changes, however, took place without consulting any representatives of the student body. The changes were a unilateral move on the part of the administration and a faculty ad hoc committee. The general feeling from the students is that at the very least, the SBA should be consulted on any curriculum changes. {Res Ipa Loquitur, vol. 8, no. 8, February 14, 1989, pp. 1, 2, 8) New York University NYU law school is working to implement a program similar to Harvard law school's "Code Critical." Last semester Harvard law students were able to raise over $12,000 for the homeless, through their Code Critical program when students travelling to interviews elected to stay in less expensive hotels and law firms donated the money saved to charities which help the homeless. NYU will be one of ten schools par- ticipating in the program in the fall; among the other ten are Boalt Hall (Berkely), Boston University, Duke, University of Michigan, University of Pennsylvania and Yale. (The Commentator, vol. 23, no. 9, February 9,1989, p. 5). Albany The Dean and Board of Trustees of Albany Law School are proposing a 10% tuition increase to go in effect in the fall. The class of 1990 will have its tuition increased to $10,500, the class of 1991 will have its tuition increased to $10,750 and incoming students will see an increase from $9,750 to $11,500. These hikes are apparently needed to meet the cost of interest payments on debts incurred by structural improvements to the school over the past few years. The Issue, the Albany Law School newspaper, acknowledging that the tuition must be raised to meet the school's debts, proposes a different set of tuition hikes. The Issue calls for class of 1990 tuition to be raised to $10,250, class of 1991 tuition to be raised to $10,500 and class of 1992 tuition to be raised to $12,000 instead of the proposed $11,500. These hikes, The Issue claims, would be more fair to students presently attending Albany, as they were given no indication of impending tuition increases even though the administration knew they would take place several years in advance. In addition the would allow the School to continue with its present financing plan. The burden on incoming students is termed unavoidable, and at the very least, The Issue says, students will be given the chance ahead of time to decide if they want to take on the burden of the Albany tuition. (The Issue, vol. 18, no. 10, February 16, 1989, p. 2) March 1, 1989 The Opinion 5 �PREPARE FOR THE For the March MPRE Only, a $50 deposit toward your Kaplan-SMH Bar Review course gets you: • • Free MPRE preparation with our exclusive 2-session program of Text and Lectures Revised and Updated for the 1989 MPRE! Kaplan-SMH's Spring Discounts for your complete bar review course. Schedule • VideoMarchLecture 7th — O'Brien Room 109 Thurs. March 9th Room 109 —O'Brien Sat. March 11th 1330 Niagara Falls Blvd. Sun. March 12th 1330 Niagara Falls Blvd. Tues. 7:00 P.M.-10:00 P.M. 7:00 P.M.-10:00 P.M. 10:00 A.M.-1:00 P.M.. 10:00 A.M. -1:00 P.M. For more information on the MPRE Special, a schedule of MPRE classes, and our Spring Discounts, see your campus rep or call your local Kaplan Center. |J I /%|\ JIVI HL/%1 *™ H m Wll \ 1 fl * V SERVICES L REVIEW IBAR Ra M [BOO) KAP-TEST 6 The Opinion March 1, 1989 I I M STANLEY H. (800)343-3188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. To^an^"^,,^ (716) 837-8022 L___ __J �Miss Social Procedure Ms. Social Procedure Thought-For-The-Day: He who submits to fate without complaint, is wise. Miss Social Procedure Addresses Qualms of Suppressed and Disgruntled Law Students Dear Ms. Social Procedure: Is it proper for a student to raise his or her hand in class and tell the Professor that he or she has chalk on his or her back? Bothered by Chalk Ridden Clothing Dear Bothered: I will answer your question with a question: if the professor to whom you were talking had green stuff stuck in his teeth, would you raise your hand and tell him or her? Perhaps you could raise your hand and say, "The holding in Pierson v. Post, is the right to wipe the chalk off your back." M.S.P. Dear Ms. Social Procedure: I know a girl that is consistently late for class. I'm not talking just 5 or 10 minutes, but at least a good half hour. I find her disrupting to the class. Is there a certain amount of time that passes during a regular 75 minute class before it is impolite to enter? Sincerely, Irritated with Late People Dear Irritated: Studies have shown that the normal law student's (if there is such an animal) attention span is only 30 minutes so you should welcome the distraction. Moreover, due to the extreme importance of attending class, and by balancing this importance against your irritation, it appears thatit wouldbe impolite to enter class late only if the class had already ended. M.S.P. Dear Ms. Social Procedure: First-year students are in the middle of writing their R & W briefs. As such, there are many of us in the library at one time and many of us looking for the same books. Please tell me the proper way to address someone who carries a stack of books into the copy room, copies what he or she needs, and leaves the books there. I am sick and tired of searching the library for a book only to find it in a corner in the copy room. Sincerely, A Disgruntled First Year Dear Disgruntled: If all the books you need are in a corner of the copy room, at least you will be able to find them. M.S.P. Dear Ms. Social Procedure: I personally find it offending when the person sitting next to me in class begins to peel and eat an orange then continues to sit there when they are finished, with the stench of orange still eminating from their hands. Is it proper to ask them to leave to wash their hands? And, are there particular Some Say This Is Radical been alleviated. Those who are really in favor of enhancing race relations might have to go to an extreme if they wish to see things improved. I am not advocating violence, but merely pointing out that it is an alternate step in case peaceful means are insufficient. I mention violence to weed out those people who are frauds. Insincere people will distance themselves from those dedicated to progression. Liberals, semi-conservatives, and neoNegroes (the new blacks who think they are too sophisticated for their own race) who are peace oriented should take a look at their own federal government. The U.S. Government has never gotten what it wanted through the use of peaceful demonstrations. Look at the long tradition of wars, as well as the recent attack on Libya. These were generally based on wants, and all involved bloodshed. The Government could have told its enemies to be peaceful, but this wasn't the case. Try conducting a peaceful demonstration in front of a group of racists, and see if it brings peaceful results. If that doesn't work, then I hope that the true believers are still out there. The Government doesn'tconduct peaceful demonstrations in front of a crack cocaine house, in the hope that the drug dealer(s) will realize that selling drugs is wrong. The Government uses weapons against the dealers. I hope that the alternative of violence never becomes reality, but I can under- Dear Ms. Social Procedure: What do you do when you are in class and your stomach starts to growl uncontrollably and people turn around to see where the noise is coming from? Should you try to disguise it by shuffling your papers around or should you look at the person sitting next to you, hoping everyone will think it is him? Signed, Cravings in Class Dear Cravings: Just your luck you'll be on the other side of the Orange Muncher and people will know thatit is not his stomach growling. Maybe "Offended" will share some of his onion with you. M.S.P. from page 5 stand why Desmond Tutu said that violence may sometimes be necessary. Panel discussions don't seem to work. We have got to put an end to these racial problems, and fast. This country may turn ugly for a while, but if the end result is positive for all races, then so be it. This country has yet to see a real race riot. What people have seen on television about the riots in Watts and Miami aren't really race riots. Blacks taking the streets because of anger and tension within their own communities does not constitute a race riot. A race riot is when blacks and whites fight a group of people who are oppressing a minority because of race. When black neighborhoods are inter- Flawed Exam Format presupposes some species-specific notion of wh3t a 'good' student is; it predicates the ; very issue it is supposed to inquire into. Still another instructor argued that a..-greater exam time-allowance would militate against the student who works quickly. The fact is that the student who works quickly can leave quickly if s/ he wishes; the greater time-allocation allows each type of student to put her/his best foot forward for the grade. The instructor's response to this was that the quicker student would feel compelled to work longer in order to consume all of the available time. There are several simple solutions to this situation. First and foremost, this scenario describes a studentwho is obsessed with the quantification of values, in the same vein as the 'more is better' philosophy. Most likely, the student has interpreted this as the instructor's expectations. Therefore, the instructor could extinguish this parochial impression by stressing 'quality' as a ballast to the exam. Secondly, the exam is designed to measure, inter alia, one's acumen and judgment. Therefore, let each student use her/his judgment as to thetimes/he needs to complete the exam. Thirdly, the situation as described fails to establish how this condition would militate against the quicker student, unless the instructor is suggesting that there is a parabola curve of diminishing returns beyond which that student's work deteriorates. This would be an addlepated view of theperformance capabilities of students at this school. Another instructor, in defense of the current time-restricted format, stated that the current system must be superior because he had received a number of 'H' quality papers (approx. 8%). This inverted kind of reasoning is akin to the argument that because 10 people out of 100, on average, are able to drive down Main Street at 120 miles per hour without killing anyone, we should therefore raise the speedlimit to 120 miles per hour. The present foods or drinks that are not acceptable to eat during classtime? Signed, Offended by Orange Smell Dear Offended: As I told "Irritated," class attendance is a must and one should never leave in the middle. As far as snack food goes, I personally prefer celery. However, the next time the Orange Muncher starts peeling I suggest you smile and do the same with an onion. He or she will get the hint M.S.P. mingled with white neighborhoods, and both are ready to fight racism, then this country will learn what revolution is really about. I could continue at length, but I believe that I've given enough insight to whatthe people in the school and country should focus on. I'm sure I will receive criticism for this article, but that is why they call it The Opinion. Not everyone is a racist, including myself. I just thought it best to expose the fact that many people don't actually support the cause they say they support. Either we begin to focus on the issue now, or we let radical racists make the changes for us. All those in favor of race relation enhancement should act now. from page 5 exam format, at most, merely establishes the minimum threshold requirement constituting the definition of a 'lethal dose' of bedlam and recklessness. It is like arguing that an LD 50 test establishes the safest, most efficacious dosage level for human consumption (an LD 50 test is a drug/chemical dosage experiment calculated to kill 50 percent of the sample; usually innocent healthy animals). The current exam format has established itself as constituting a lethal dosage level of harum-scarum, foolhardy speed where 80 percent of the sample are fried on the exam skewer within 4 hours of consumption; that is not most people's idea of a marketable product. Yet another professor has argued that the key to Taking an exam with good CH') results is organization; This instructor states that with sufficientfocus on organization, the student will be able to 'say more while saying less' (the implication here being that this will all take less time). This argument speaks to the student's writing ability in conjunction with her/his grasp of complex legal issues. While this axiomatic statement is not entirely false, it nevertheless fails to escape another proverbial truism, that such analytic foreplay is the product of reflection and deliberation, elements that have been devalued by and essentially bred out of the current exam scenario. This instructor's argument falsifies the situation by implying that astute organization is not the product of numerous revisions with considerable time expenditures. The fact is that this exercise does represent a substantial time-displacement factor that the restricted exam format eviscerates. The statement perpetuates the myth that we can acquire benefits without liabilities; it's that 'free lunch' argument. To "say more while saying less" is to exercise a skill of analysis through deliberation and revisions; and these exercises have a time-displacement impact on reality despite our theoretical abstractions to the contrary. This simple fact is not weakened merely because the instructor cites those cases where the 'victim' survived the severely time-restricted format, since thisis like arguing that a drug is safe simply by citing the 50% that survived the LD 50 test. By giving all students a sufficient amount of time for these exams we put everyone on a level playing field at the outset. We also eliminate all other irrelevant influences that effect the outcome of the exam. It also enables each student to type the exam paper if s/he so chooses. It stretches credulity beyond reasonable limits to believe that the instructor does not, on some subliminal level, read the paper of a student who has naturally good handwriting and conclude that this student therefore has a clear, crisp, organized understanding of the issues, while looking at the 'chicken-scratch' handwriting of some other students and drawing the inference that this student is disorganized with only an obscure, disjointed perception of the issues. This is precisely the point made in the research and writing text which all first year students were required to purchase as an authority on legal writing. Giving students the opportunity to type their exam is an important aspect of creating a level playing field at the outset. It requires a discerning kind of honesty for an instructor to acknowledge the validity of this argument. It requires much less insight to deduce thefact that the current 'sprint' format does not realistically avail most students of the opportunity to type their exam papers. At bottom, we might ask ourselves, "Is there a sound rational basis for purging the deliberative student under the assumption that s/he has inherently inferior capabilities?" Statistics tend to indicate that 'faster' has a perfect positive correlation with 'more errors' and inferior quality in workmanship when pushed the extremes where these exams tend to loiter. The world has been overpowered, by a 'rat-race' mentality, convinced that enough is never enough and now is never soon enough. We're a species that's tearing through reality with 'the pedal to the metal' at breakneck speeds, dressed-up to go nowhere and in a hurry to get there. Well I suggest that we have finally arrived (nowhere), and this truth finds its fullest expression in the SAT's, the LSAT's and the current time-restricted exam format. If there is really a 'progressive' law school with more than lip-service commitment to an enlightened path, let us have the insight, the honesty, and the courage to jettison those obtuse, mandarin conventions whose effect has betrayed our intentions.The long-held traditional, time-restricted, one-pop, no-feedback final exam format is analogous to a biological anachronism, like the human appendix, which is biophysically useless, but is ornery enough to kill us if we don't have it quickly taken out oncewe realized it is bloated and infected. In no way has this analysis presented exhaustively the full array of insuperable arguments against the prevailing time-restricted exam format. It has, however, established sufficient grounds for lancing this obscene pustulation before it infects any more students with the cynical perception that squalid conventions always prevail over insight and reason. I respectfully request that each and every instructor at this law school allow a minimum of 24 hours to take the final semester exam (based on the prevailing gamut of material covered in the typical exam). This request presumes that the size of the exam will not be so expanded as to negate the benefit of the additional time allocation. I do recognize that there are instructors to whom these criticisms do not apply, and to them I sincerely extend my gratitude for their honesty and their insight. Sincerely, Gary B. Ketcham March 1,1989 The Opinion 7 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 1989 Regular Tuition Spring Semester Discount p V TOU ray $1050 $950 New Jersey $825 Massachusetts, Conn., Maine, $925 <t*"ir|f\ $725 New York V ■ ww NKRIorVT 1989 Regular Tuition Spring Semester Discount <t*-fQj£ iDNrtfTftt) JLa^J £^2eW LjJ^± 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 516/542-1030 914/684-0807 $825 You Pay onlyJ * Spring Semester Discount ' $925 $1050 $825 New Jersey Massachusetts, $925 Conn., Maine, NH, RIorVT . Class of 1991 & 1992 Class of 1990 New York . omy 160 Commonwealth Avenue Boston, MA 02116 617/437-1171 $700 You Pay only $900 HCA *|>1%/U $800 $675 $775 Remember: The last day to secure this diSCOUPIt JS H/lADOU OOnrl IVIAriOn dLdLUO A $50 registration fee reserves this price. 8 The Opinion March 1, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-03-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/1/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 11 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1f859eef13cf56385c556b5966faf864.pdf 967840a7cbc125a99d11b86df9a34c60 PDF Text Text Matrimonial Law Conference Gives Students Taste of Reality On Saturday February 25, the walls of Room 108 reverberated with some rather unfamiliar sounds. Instead of the usual dosage of legal theory and caselaw, the students present were treated to a taste of reality. Indeed, the second annual matrimonial law conference entitled, "The Practice of Matrimonial Law: A Lesson in Reality," certainly lived up to its name. Hosted by Paul Birzon, a local practitioner dence. Listening to the speakers, one got a good sense of the intricacies involved in the practice of matrimonial law. Perhaps the best example of this was given by Raymond Pauley, a partner in the Rochester firm of Pauley & Barney. Pauley stated that when a prospective client calls his office, he never speaks directly to the person, allowing his secretary to field the call. As he pointed out, Paul Birzon, Esq. and Miriam M. Robinson, Esq. and adjunct law professor, the conference featured presentations by matrimonial lawyers from across the state. by Andrew Culbertson Features Editor The presentations themselves covered a wide range of topics within the matrimonial law field, including pre-litigation conduct, custody issues, the use of expert witnesses, trial strategy and preparation, and the admission of certain types of cvi- "The prospective client can, and often will, divulge confidential information in the first thirty seconds he or she speaks with you. Thus, you have the establishment of the attorny-client privilege. In the event that this person opts not to hire you (but has told you confidential information), you are 'knocked out of the box' if the other spouse wants to employ your services." The reason the attorney can't defend the other spouse is that to do so would represent a clear conflict of in- terests. According to Pauley, this scenario is not as unlikely as it might appear. Along these same lines, Pauley stated that "whenever heconsults with a prospective client, he always charges a consultation fee." This way, if he is "knocked out of the box," he will at least have been paid for his legal advice. Alvin Ashley, a partner in the New York Firm of Colton, Weissberg, Hartnick, Yamin and Sherefsky, led a provocative discussion on the use of expert witnesses to conduct financial evaluations of the "moneyed" spouse. According to Ashley, when evaluating the worth of the "moneyed" spouse's business, the best expert to employ is not an accountant, but someone who buys and sells that particular type of business. "Since every business has its own way of fooling Uncle Sam, an accountant, who will see the same things as Uncle Sam, can be fooled just as easily. On the other hand, a person who buys and sells that type of business will be able to give an accurate evaluation of what that business is worth." Ashley did note, however, that it is imperative to have an investigative accountant, since they can detect where unreported money is coming from. "If the husband is reporting $100,000 in income, and he maintains three mansions and several Rolls Royces, this should tip you off that there is a lot of unreported income." An investigative accountant, through a variety of techniques, is often effective in determining how much unreported income there actually is. Ashley discussed other aspects of the discovery process, placing particular emphasis on the importance of depositions. Depositions, he stated, are important "because they give the other side the opportunity to commit perjury." In the event that they do, this fact is a "bullet to be used at trial." A theme stressed by a number of the speakers was that matrimonial litigation is something to be avoided at all costs. Not only is it very expensive, but it tends to be very messy and emotional. To this extent, a good deal of emphasis was placed on the importance of negotiating a settlement. Timothy Tippins, a solo practitioner from the Albany area, discussed the importance of pre-trial negotiations, giving what he deemed to be the "ten commandments" of negotiating. Among other things, he stated that an attorney should never play hardball, never negotiate without full disclosure, never abdicate strategy, tactics, or ethics with the client, and always know his or her adversary. With regard to this last point, Tippins related an incident in which a corporate attorney unwittingly decided to handle a client's divorce. Unbeknownst (See Matrimonial Law, page 11) THEOPINION Volume 29, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 15, 1989 Buffalo Lawyer Buckley Returns to UB as Professor Elizabeth Buckley joined the UB Law faculty last semester as a part-time pro- fessor. She graduated cum laude from UB Law School in 1980 and her experience includes a clerkship with Judge John Curtin, an associate's position with Jaeckle, Fleischman and Mugel, and work as an attorney for Neighborhood Legal Services. As a law student, Professor Buckley worked for Professor Spanogle as a research assistant. She earned the Lay Law Award for commercial law. She was recommended to the law faculty by Professor Spanogle to fill his position while on sabbatical. by Alice Patterson Staff Writer Professor Buckley specializes in commercial law, and her primary work at Jaeckle, Fleischman was commercial litigation. Ms. Buckley enjoyed that area of practice very much. However, intellectually and emotionally, she felt she needed something more. This led her to practice with Neighborhood Legal Services. Until joining Neighborhood Legal Services, her work had centered around substantive commercial-type law cases. She felt the need to learn more about the human as- pects of law. Her work as a legal services attorney more thanfulfilled this need. The fulfillment, for example, of helping an elderly person receive Medicaid was more rewarding than the "traditional" type of legal practice. Professor Buckley worked for Neighborhood Legal Services until the birth of her second child. Her position at UB Law School provides her with the best of two worlds: time to devote to her family and a chance to explore a totally new academic and intellectual setting. She describes her time here as a "wonderful and fun experience." "It's wonderful to have the time to really look at and analyze a statute in depth, time which isn't available in a law practice. In this academic setting, there is time to explore a statute's legislative history, and essentially there is time to learn more about the statute." The statute Ms. Buckley speaks of is the Uniform Commercial Code. She finds the code courses to be the most interesting and very important as part of law students' education because students need to be cognizant of the fact that much of the law has been codified. Students will appreciate the Uniform Commercial Codes once they begin to practice. "It is one of the best written of all statutes. It is a comprehensive statute, drafted by lawyers, and is very cohesive." Other codified statutes are a hodge podge of different statutes that somewhat relate to each other but there are gaps and overlaps where there should be none. The Professor Elizabeth Buckley — UCC, among all statutes probably only similar to the tax codes, is a very neat, well-integrated statute. She jokingly said, "None of my students would believe that for a minute." Ms. Buckley has no definite plans for next year. She does plan to return to practice in a law firm. She recommends that all students gain experience by working FSEC Votes toReimplement Law School Policy At a meeting on March 6, 1989, the members of the Faculty Senate Executive Committee (FSEC) decided, unanimously, to support the UB Law School's policy of non-discrimination. The law school's policy, which includes, but is not limited to, employer recruitment practices which expressly discriminate against sexual orientation, age, veteran, marital or parental status, was held in abeyance in February 1989 by President Sample and Provost Greiner. By re-implementing the law school's policy, the FSEC has taken the position of not adhering to President Sample's decision to hold the policy in abeyance. The question of jurisdiction was not discussed at the meeting. The law school was represented by Thomas Headrick, Associate Dean, and Isabel Marcus, Associate Dean for Student Affairs. Mr. Headrick provided the FSEC with a history of the law school's policy from 1975 to the present, noting that the SUNY administration has not questioned the law school's actions up until now. He also cautioned the FSEC not to view the law school's policy as an attack on the military, which it is not. "It just so happensthatthe military recruiters fall under the new guidelines that have been established" stated Mr. Headrick. Isabel Marcus, who also stressed in her discourse that the policy has never been undertaken as a banning of any particular group, drafted a motion which the FSEC voted upon thereby supporting the law school's stance. Numerous law student groups and concerned individuals were present at the meeting in support of the law school's position. Repeated calls throughout the meeting by John Boot, Chairman of the FSEC, were made to those who oppose the law school's policy. There was no opposition from the audience nor from members of the FSEC. as a judicial clerk before entering a practice, especially a federal clerkship because of its voluminous jurisdiction. It gives students a chance to work with everything from admiralty cases to criminal cases. She described Judge Curtin as careful and brilliant. In her role as a professor of commercial law, Ms. Buckley hopes to accomplish something which she believes is very vital to her students' education: "Learning about substantive law has to be secondary to learning to read the statute." It is most important to read the Uniform Commercial Code and understand the transactional analysis which can then be translated to whatever area of the law that students ultimately practice. Students are intimidated by these types of courses and statutes, but there is no need to be. Once you are used to the statute, conceptually, it becomes easier. Her main goal is to help students become familiar with the statute and statutory analysis. Professor Buckley described teaching as being more exhilirating than she had anticipated. "It's fun and the students are exhilirating. They come up with new ideas that force me to really work. Work which I enjoy tremendously." HIGHLIGHTS Medical and Law Schools Join Together to Sponsor Panel Discussion on Reproductive Technology . pg.3 .. Workshop on the asbestos problem held at law school, plans for asbestos abatement discussed pg. 5 Grade Report demonstrates how teachers "add" up when it comes to handing out the grades pg. 10 �JT Worry? This year, another bar review course has put out a poster inducing students who have already signed up with other bar review courses to switch programs. BAR BRI refuses to play this game. We believe that students are mature enough to enroll in a course. If they believe they made a mistake, they are mature enough to change courses. If a student signs up with BAR BRI or with any other bar review course, that student's objective is to pass the bar exam. And our obligation as attorneys is to help them with that objective, and not to destroy their confidence in themselves and in their course. We will not undermine students* confidence in their course by playing on their insecurities. After all, we're attorneys. And we intend to help you become attorneys, too. / (212) 594-3696 * Prpcpnß rl trbt:! 11:5 "Where professional responsibility is more than just a course.*'™ ■ & illwi m fii For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 The Opinion 2 March 15, 1989 I CPLR Mini-Review: An Overview of New York Practice R§3r\ Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be ottered live in New York City and on audio- or videotape in locations throughout the United States. V^rl* ■ and *MA / m / 7/ \ \f I*MI m YJI/ J W m ! I—l VJ,T_J BAR REVIEW p „ : nt^t nn rrt»enutuuii Date: Saturday, April Bth Time: 10 A.M. 4:00 P.M. . p|ace RoQm IQ6 . | ,9888AR,881 �Buffalo Hosts Northeast Regional BLSA Conference The prospects for minority law students seeking employment in private practices in Buffalo are bleak. Many of the Buffalo area firms are reluctant to hire black, Asian and Hispanic law students for reasons that minority law students feel are purely racial in nature. Numerous minority law students feel that most large firms in Buffalo interview them for the sake of complying with federal regulations which in turn allows the firms to advertise that they are an "equal opportunity employer." by Daniel Ibarrondo Cruz Editor-in-Chief The statistics for Buffalo and Erie County are staggering. As previously reported in the September 28, 1988 issue of The Opinion, of the 3,000 practicing lawyers in Erie County, less than 2 percent are minorities. In the area of private practice, of the six Erie County law firms with at least 50 lawyers, only two have minority attorneys on staff. The total number of minorities between these two firms is three. Of the twenty county law firms with at least ten lawyers, 15 have no minority attorneys at all. Emmanuel Nneji, winner C. Young, senior law assistant for the Eighth Judicial District, was to conclude their report by the end of 1988. To date, no report has been made. The purpose of thetask force as expressed by Mr. Young was to bring minority law students and private law firms together. In order to make able and qualified minority law students available for interviews with Buffalo area firms, the Black Law Students Association (BLSA) of UB Law School organized and held their Northeast Regional Conference in Buffalo. The event, which lasted four days, was held in downtown Buffalo atthe Hyatt Regency Hotel from February 2-5, 1989. The conference was aptly entitled: "The 19905: Bold Tactics For Liberation." NATIONAL BLSA HISTORY The National Black Law Students Association was founded in 1967, forming with a small group of law students who saw the need to unite on a national level with other minority law students given the small numbers of minority law students enrolled in ABA approved schools at the time. Today, the national organization boasts 200 chapters representing al- — Fredrick Douglass Moot Court Competition In 1987,the Minority Bar Association of Western New York (MBA) and the Erie County Bar Association (ECBA) began a task force between the two bar associations to investigate the problem in Buffalo. The task force, co-chaired by Richard F. Griffin of Moot & Sprague and Oliver most every ABA accredited law school in the country with an excess of 8,000 members in six nation-wide regions. National BLSA's purpose is to articulate and promote the professional needs and goals of black law students, to foster and encourage professional competence and to instill a greater awareness of and commitment to the needsof the black commu- nity by coordinating programs such as job fairs, local minority recruitment efforts, the Fredrick Douglass Moot Court Competition and the Sandy Brown Memorial Writing Scholarship. Mason Ashe, N.E., Regional Director, National BLSA The National BLSA Northeast Region is headed by Mason P. Ashe, Regional Director and a student at SUNY Buffalo School of Law, Tanya K. Hernandez, Associate Director, from Yale Law School, Renata D. Wooden, Treasurer, from Seton Hall University School of Law and Awo Y. Sarpong, Secretary, from New York University School of Law. NORTHEAST REGIONAL CONFERENCE An attraction of this year's conference was the First Annual Winter Minority Job Fair. As the name suggests this was the first time that a winter job fair has been made available to minority law students. The job fair was made possible through the auspices of the UB Law School Career Development Office (CDO) with the help of Audrey Koscielniak, Director of CDO. Mason P. Ashe, 3L, stated the organization's goal in holding their 21st Annual Northeast Regional Conference in Buffalo, "Buffalo firms are always saying that we don't apply to them for jobs, BLSA decided to make ourselves available and give them the chance to take the next step." He expressed some concern however, in the efforts, or lack thereof, of Buffalo law firms to hire minority law students. The Fredrick Douglass Moot Court Competition was held during the four day event with awards presented by Tanya Hernandez, Northeast Regional Director, to Diana Harris, 3L, and Emmanuel Nneji, 3L, both of UB Law School. There were a total of 24 teams competing from the Northeast Region. Numerous out-of-town guests were greeted on February 2nd by UB Law Professor Charles E. Carr who spoke to the Moot Court competitors assembling at the Hyatt Regency Hotel. On February 3rd, Julius Chambers, Director-Counsel of the NAACP Legal Defense Fund, gave an assessment of the past, present and future of civil right litigation along with UB Law Professor Muhammed Kenyatta, Honorable Rose Sconiers, City Court Judge of Buffalo, also spoke to the conference participants on February 3rd along with Omoye Cooper,AffirmativeAction Officer of the New York State Division ofParole. The schedule of events for Saturday, February 4th, included a panel discussion on career options moderated by Aundra Newell, Assistant Dean for Admission of UB Law School with panelists Todd L. Cranford, Clerk 6th Circuit, John V. Elmore, Assistant Attorney General, Buffalo, Patricia L. Irvin, Partner in Milbank, Tweed Hadley & McCloyand Judy ScalesTrent, UB Law School professor. Tony Brown, civil rights activist, was the guest speaker for the conclusion of events on Saturday, February 4th. Mr. Brown, known as America's most famous black journalist, host of the PBS show Tony Brown's Journaland most recently for his film The White Girl, a love story with an anti-drug theme, spoke on the struggles and strides facing blacks today. The conference served as a foundation for other events such as the officer induction ceremony of the Minority Bar Association of Western New York (MBA) and the presentation of a proclamation to Mason Ashe by David Collins, City Councilman for the Masten District of the City of Buffalo. Gail Hallerdin, President of the BLSA chapter of UB Law served as Mistress of Ceremonies for the events on Saturday, February 4th with Mr. Collins giving the welcoming address. Also included in the list of events was the installation of the 1989-1990 Regional Officers of National BLSA presented by William Mathis, National Chairman of National BLSA. Panel Discusses Issues in Reproductive Technology On Tuesday, February 28th, the Association of Women Law Students and the American Medical Women's Association jointly sponsored a panel discussion concerning the medical and legal aspects of reproductive technology. The panelists consisted of two physicians whose practices emphasize fertility problems and two lawyers who are membersof the New York State Bar Association's Special Committee on Biotechnology and the Law. Dr. Ronald Bart, a clinical assistant professor of gynecology at SUNY-Buffalo's School of Medicine, described and illustrated by a slide presentation, new surgical techniques designed to eliminate endometriosis, a common cause ofinfertility in women over 25. Dr. Joanne Sulewski, the director of the women's health clinic at the V.A. Hospital, emphasized new developments in drug therapy. They also outlined the options in reproductive technology that are available to infertile couples such as test tube babies and surrogate motherhood. by Jennifer Latham Staff Writer Grace Ange and David Siegel discussed the legal aspects of current trends in reproductive research such as experimentation with fetal tissue and surrogate parenting. Ms. Ange, who is the chairwoman of the New York State Bar Association's Special Committee on Biotechnology and the Law, provided an example of the issues and questions that have arisen concerning the use offetal tissue. She described a situation involving a woman in California whose father was suffering Alzheimer's disease. Since certain types of patients treated with applications of fetal tissue have shown improvement, this woman wanted to be artificially inseminated with her father's sperm, produce a fetus, and abort it so that the tissue could be used to treat her father. As far as Ms. Ange knows, this experimental treatment was never performed. The woman could not find a physician who was willing to perform the procedures. The proposed mode of treatment raises basic questions concerning the use of fetal tissue. Who owns fetal tissue? Who ought to say how fetal tissue should be used? Should tissue that results from abortions be used for experimental purposes? Do you need the mother's consent? Should women be paid to produce fetal tissue for use in treatment? Ange questions who ought to have the right to determine the appropriate medical treatment for a potentially viablefetus. If medical technology is able to keep a three month old preemie alive outside a mother's body, should she be able to say that she wants an abortion and does not want the baby to live? Ange emphasized that these sorts of questions should be addressed before a test case arises. The law has dealt with questions of gestational ownership. Ange cited a French case that occurred in the 19705. A young man, who had arranged to have sperm frozen before treatment for testicular cancer, had died. His wife and mother wanted the sperm so that his wife could be inseminated and be able to have his child. The sperm bank refused, claiming that his sperm was not property to be inherited. The bank further added that nothing in the contract he signed specified what he intended. The contract would not have indicated any intent to designate the sperm to his wife's use since he signed the contract before he married. The court eventually awarded thesperm to his wife. Unfortunately, however, she has not been able to have any of his children. Ange and Siegel also stressed that issues concerning surrogate motherhood, like those concerning fetal tissue and gestational material, should be addressed be- tion.Few states have laws regulating surrogate parenting. The rights that a surrogate mother ought to have need to be clarified. Ange suggested allowing the surrogate the right to abort the child and the right to keep the baby if she changes her mind after birth. Siegel asked how a surrogate mother's misconduct (e.g. taking drugs) ought to be considered. He Ronald Batt, M.D., Grace Marie Ange, Esq., David Siegel, Esq., Joan Sulewski, M.D Steven Wear Ph.D. fore large numbers of test cases arise in the United States. Surrogate parenting has arisen in response to infertility. Siegel stated that over the past 10 years, at least 1,000 children have been born to surrogate mothers. Banning surrogate parenting, according to Seigel, will not prevent the practice. Approximately eight states and countries such as Israel have banned this type of parenting. There is an increasing interest in surrogate parenting, especially in the United States where the number of healthy infants available for adoption is not meeting the demand. Surrogate parenting can be done without the intervention of doctors and lawyers and can be a process amenable to exploita- stated that if a surrogate mother is to be paid, she should be paid for carrying the child rather than producing a healthy baby. He described a number of problematic cases that have occurred, such as a child with AIDS born to an improperly screened surrogate mother who had a history of drug abuse. Both the surrogate mother and the contracting parents have refused custody of the baby. Who should be responsible for this child? There are many legal and ethical questions that need to be answered in relation to the new reproductive technologies that are currently available. Videotapes of the panel discussion are available in the audio-visual department of the library. March 15, 1989 The Opinion 3 �IT'S NOT TOO LATE TO SWITCH TO PIEPER WITHOUT LOSS OF DEPOSIT. So, you've made a mistake. If you were lured into another bar review course by a slick sales pitch in your first or second year, and now want to SWITCH TO PIEPER, then your deposit with that other bar review course will not be lost. Simply register for PIEPER and send proof of your payment to the other bar review course (copy of your check) and you will receive a dollar for dollar credit for up to $150 toward your tuition in the PIEPER BAR REVIEW. For more information see your Pieper Representatives or telephone (516)747-4311 PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 4 The Opinion March 15, 1989 �Common Council HoldsPolice Brutality Hearing by Jim Monroe In late January, Buffalo Common Councilman James Pitts chaired public hearings on the increasing number of police brutality accusations. Although these hearings were not well advertised, about five dozen people showed up to give public testimony concerning their personal experiences at the hands of the Buffalo Police Department. At the outset, many in attendance seemed a bit skeptical of the second-hand stories they'd heard about minorities and students being assaulted by the police for no apparent reason. A lot of people thought that Buffalo might have one or two excitable boys on the force, but not a problem to the extent Florida has. The first few people to testify did little to change this point of view. They were young, burly black men who professed innocence to any crime and said that the cops had been picking on them and had slapped them around a little. Nobody seemed particulary outraged when Common Council member Norm Bakos attacked their credibility. He asked them why they'd pleaded guilty to resisting arrest, (the judge told them to in exchange for an ACD), and why they hadn't sued the city, (part of the ACD deal is a waiver holding the city faultless in its arrest and prosecution of the case). A Common Council member asked Assistant Corporation Counsel, Russell Sciandra, if the city could do that and Mr. Sciandra replied that he couldn't answer that without writing the council member a brief. After a few private citizens spoke, an NYCLU lawyer told of a couple of fourteen year old African Americans who were stopped in a stolen car. Witnesses at the scene claimed that, as the passenger in the stolen car got out, the cop in the passenger side of the police car ran up behind the fourteen year old and shot him in the head, killing him. Council member Bakos asked if the other boy had been found guilty of theft and seemed pleased when answered in the affirmative. He then informed the female, black NYCLU attorney that he was questioning her testimony "lovingly." Chairman of the committee, James Pitts, requested that the NYCLU lawyer submit the remainder of her testimony in writing after shehad mentioned aboutten cases. Bakos then directed a show of indignation at the lawyers of this town for not taking these cases pro bono or on contingency and clearing the air. Next, a very articulate, credible Kenyan man named Gezu testifed that he'd been arrested and brutalized three times by the same cop who insisted on calling him Zoo. These beatings occurred whenever this policeman would see Gezu driving down the street. Gezu brought in physical evidence, a bloody shirt and pictures of his face after the arrests, to illustrate his case. Norman Bakos asked the Ass't Corporation Counsel Sciandra, (who seemed to pay littleattention during the proceedings unless his name was shouted out), if any police had ever been convicted of any of these crimes. Sciandra replied that the Grand Juries had failed to indict any of the charges whenever the D.A. brought them. Bakos asked Mr. Sciandra if the Grand Jury was a group of citizens and Mr. Sciandra answered that it was just like any University ofBuffalo Initiates Asbestos Abatement Program Between April 14 and October 1, 1986, three teams of inspectors from Hall-Kimbrell Environmental Services, Inc. conducted asbestos inspections .of some 1,400 buildings in 37 colleges and universities in the State University of New York (SUNY) system. With studies confirming the health risks associated with the inhalation of asbestos fibers, and in order to determine the severity and potential health risks associated with asbestos used in the construction of its facilities, SUNY retained the services of Hall-Kimbrell Environmental Services, Inc. in 1985 in order to initiate a three phase program for asbestos control and abatement throughout the University system. by Daniel Ibarrondo Cruz Editor-in-Chief THREE PHASE PROGRAM The three phase program consisted of (1) conducting five regional training seminars dealing with asbestos repair and training techniques, (2) conducting a system-wide asbestos assessment study encompassing some 1,400 facilities at 37 universities and colleges and (3) the development of an asbestos abatement program. Leonard Borzynski and Dave Lytle of the University at Buffalo Department of Environmental Health and Safety spoke to a small gathering of mainly faculty, secretaries and administrators about the asbestos level in O'Brian Hall. It had been determined from samples of air taken between February 1988 and February 1989 that a safe level of asbestos exists in the air in various locafaggs throughout O'Brian Hall. Although*?fip6amples show the amount of asbestos fibers is below the Occupational Safety and Health Administration (OSHA) standards of 0.2 fibers/cubic centimeter (cc), second floor samples read .060 fibers/cc, fifth floor samples show a level of 0.010 fibers/cc, and seventh floor samples show .003 fibers/cc, a potential risk exists when asbestos containing materials is disturbed. ASBESTOS USE AND RISKS The vast majority of the SUNY's facilities were constructed during the mid-1960s and early 19705, the period during which it was common practice to use asbestos as a fireproofing material for building structural components and for decorative/acoustical purposes. The potential of an asbestos-containing product to release fibers is dependent upon several factors, including its location and its degree of friability. The United States Environmental Protection Agency (EPA) has defined a friable material as one that can be crumbled, pulverized, or reduced to powder by hand pressure and therefore, is likely to emit fibers when disturbed.The fibrous or fluffy spray-applied asbestos materials found in many buildings for fireproofing, insulating, or decorative purposes are generally considered friable. Leonard Borzynski, Industrial Hygenist, stated that the reason that a lot of renovation isn't done at O'Brian Hall and elswhere is because of the risk of disturbing asbestos. The Hall-Kimbrell report cautions however, that the mere presence of asbestos does not indicatethat a health risk exists. Conversely, only areas that have been damaged and are in poor condition exhibit a potential health risk. HEALTH RISKS Friable asbestos is not a hazard unless it is disturbed. Sticking a pencil in an asbestos sprayed ceiling, for example, or removing ceiling tiles are possible ways of disturbing asbestos containing materials. This type of disturbance can create a problem because the asbestos is then freed from the asbestos containing material and allowed to enter the pulmonary system. For non-smokers, the potency of asbestos is greatly diminished. Inhaling asbestos fibers can result in asbestosis, a pulmonary fibrosis (scarring of the lungs). Asbestosis is a different disease to confirm diagnostically, because the symptoms of the disease are virtually indistinguishable from those of other pulmonary fibrotic diseases such as emphysema, blacklung, etc. Victims usually develop symptoms approximately twenty years after their initial exposure because (See Asbestos, page 7) other jury. Then Norman Bakos asked, "If the D.A. brought the indictment and the Grand Jury rejected it, weren't the cops innnocent?" Mr. Sciandra confidently answered "yes." The NYCLU lawyer tried to interject that the Grand Jury is not selected the same way a trial jury is, with both sides questioning the prospective jurors, and that it usually consists of white, middle class housewives with time on their hands. Before she could explain what every first year Criminal Law student knows, (that a D.A. has so much control in secret Grand Jury sessions that he can bring a case to the Jury for political reasons and purposely fail to have it prosecuted), Bakos jumped up and yelled, "are you telling me that the Grand Jury system is somehow corrupt?" The audience immediately shot back, "YES!!", and Councilman Pitts called to restore order. Bakos seemed incredulous that a Prosecutor would not wholeheartedly pursue a case against the men in blue who provide him all his information and maintain his power. The next witness was an upper middle class black woman whose daughter had sustained permanent injuries to her throat and kidneys and lost her Connecticut State Trooper candidacy due to a misunderstanding. This woman and her daughter had been travelling on the subway when a white woman lost control of her senses and began swinging her purse wildly, eventually losing her balance. The daughter bent over the white woman to help her when two policemen arrived to see a young black woman stooping over a sprawled out white woman. The cops proceeded to pummel the black woman bloody with their night sticks and when the mother attempted to intercede they smashed her in the nose. The two women were then incarcerated for resisting arrest and not taken to the hospital for eight hours. Later the daughter pleaded guilty to harrassment in order to get an ACD and get out of jail. This "conviction" ruined her job status. The mother refused to sign the ACD or the waiver and is presently suing the city. Councilman Norman Bakos interjected and saidthat the city had never been sued for police brutality before. Councilman David Collins corrected him and said that the city had lost one giant lawsuit, settled two out of court, and had an unprecedented number pending. The large lawsuit was the $25 million dollar lawsuit in 1977 by the family of Richard Y. Long, who was beaten to death by two off-duty Buffalo policemen. Many other law abiding citizens testified, including a UB «tudent who was literally tortured and had to choke back tears recounting an episode in the police headquarters elevator which led to immediate hospitalization. Another man spoke of being thrown naked into an air conditioned jail cell after having been beaten bloody. A local business owner and Griffin supporter told of seeing the cops beating a mentally incompetent man and asking them to desist, resulting in his own violent arrest. Odds are that this is just the tip of the iceberg. Many people refuse to come forward out of fear, many are obviously humiliated by their experiences, and most people don't even know about the hearings. On February 6th Mayor Griffin, who refused to attend the hearings, asked that the investigation be closed. He stated that there is "no police brutality problem in Buffalo you want a police problem, go to Miami." On March sth, the Buffalo Magazine ran a cover story on local attorney and UB graduate, David Jay, who said, "I've filed more brutality complaints in the last 12 months than I did in the previous 20 years. The elevator in police headquarters must be greased with vaseline, so many people are falling down and hurting themselves." Councilman James W. Pitts' office was contacted by The Opinion on March 7th. He said that transcripts of the hearing are a matter of public record and can be found by calling Lenny Scolina at 851-5441. Councilman Pitts promised to keep the investigation alive despite opposition from the mayor's office and reiterated that internal police investigations are not effective. — Entertainment Law Society Hosts Media Law Event Can the practice of law be fun as well as challenging and interesting? Well, that's what media lawyers Jim Kane and John Robshaw claimed at the latest session of the engaging Entertainment Law Society (ELS) lecture series. By Lenny Cooper Staff Writer In these times of increasingly complex and specialized practice of law, James F. Kane, Jr. of Damon and Morey, spoke of his fun-filled twenty-eight years of lawyering in the field of Communications Law. Kane has represented Channel 2 TV of Buffalo for the last twenty years. His work has ranged from petty vandalism problems to whether or not Channel 2's weatherman would be allowed to work at that station. He feels that legislation has been an aid to his work. "The current status of the libel laws in this country and in this state make the practice of law as a media consultant a joy. The pendulum has swung to the side of the media." Kane said that because of the libel laws it is almost impossible for a public figure, and extremely difficult for a private person, to win a libel suit. Speaking of the newly passed Cameras in the Courtroom Act, Kane felt that a wide number of opportunities have been opened up for media lawyers. Kane pointed out a downside of televising cases in describing a case he handled where a witness was afraid to testify in a televised courtroom against local hoodlums forfear that she would suffer retribu- tion at the hands of the defendants' cohorts. The court allowed the cameras to stay in the courtroom, but ordered that her face not be shown. In another case, a camera-shy lawyer refused to work in the spotlight and settled his case on not so favorable terms solely to avoid the cameras. Kane went on to talk about the effects of Section 79H of the Civil Rights law, the "Newsman Shield" law. Kane handled one of the first applications of this law back in 1971 when he defended newsman Stewart Dann. Dann had been covering the Attica prison rebellion and was chosen by the officials and prisoners to bring their case to the public. In the prison, Dann witnessed a "kangaroo court" which condemned two inmates as being against the rebellion. These two inmates were later discovered dead. Dann was subpoenaed to testify concerning what he had witnessed but he refused. Taking its cue from the famous Brandenberg case, where the United States Supreme court ruled that a newsman has no privilege from compulsory testimony under the United States Constitution, the New York Court of Appeals ruled that only confidential communications to a reporter were protected. Kane pointed out that the New York court recently backed up this ruling but did allow another form of constitutionally protected "speech": topless dancing. John P. Robshaw, Jr., the senior partner of Robshaw, Abramowitz, and Tobia, P.C., followed with an interesting overview of the radio and television industry. (See Entertainment Law, page 7) March 15, 1989 The Opinion 5 �OPINION ifST STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 15, 1989 Volume 29, No. 11 Editor-in-Chief: Daniel Ibarrondo Cruz Staff Managing Editor: Donna Crumlish Features Editor: Andrew Culbertson Business Manager: Maria Rivera News Editor: Alexei Schacht Layout Editor: Damon Scrota Photography Editor: JeffMarkello Editorials Lawyers Should Thrust Themselves Into The Agonies Of The Times The great civil rights attorney Arthur Kinoy recently spoke at the law school and described in alarming detail the constitutional crisis of our times. Most poignantly he quoted Oliver Wendell Holmes as saying that if you intend to be great, you must immerse yourselves in the agonies of the times. We believe that too few law students contemplate doing this. Most are concerned principally with their own career plans and with maintaining the highest degree of respectability. More should take the other road, the road less travelled of Holmes and Kinoy. It is in the defense of the despised, the disreputable, the unlawyerly and the oppressed that one's best contribution to society can be made. It is precisely where most decent people are cautious and reluctant to become involved that the advocate's greatest service to society can be rendered. We hope that Kinoy's message has not fallen on deaf ears, and that many of us will learn to steel ourselves against the fear of disrepute that deters the majority from speaking out when necessary. Freedom is preserved only to the extent that it is jealously guarded and progressively pursued. Its greatest enemy is conformity and an eagerness to join in condemning the deviant and the underdog. We are proud of the law school's stand on gay rights, and we hope that it will continue to speak out on behalf of others who are unjustly stigmatized or scorned. It is largely by developing a legal profession capable of reacting in this way that we can hope to ease our country through the crisis that looms. Failure of people to do so could prove costly indeed. With All Deliberate Speed As members of the legal profession, both law students and law professors alike strive to maintain arguments of consistency and internal logic. Most students and professors thrust themselves into the task, ably applying their best efforts to the matter at hand. Yet, a small few renege on their responsibilities. When one student does this, it impacts on him or her in the form of tacit punishment: a 'D' or 'F. When a professor does not perform with all deliberate speed, his lack of feedback affects the fate of many students, sometimes as many as a hundred. Perhaps these one or two who do seem not to care about the anxiety and tension caused by anticipation of a 'D' or 'F have forgotten how they felt as law students when they waited for grades. They may have a good reason for not handing them in. All one can hope for is a good faith effort by all in the pursuit of learning the law. Staff: Bruce Brown, Lenny Cooper, Dennis Fordham, Michael D. Gurwitz, Eric Katz, Jennifer Latham, Alice Patterson Contributors: Ellen Burach, Jim Monroe, Troy Oeschner Copyright 1989. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaperof the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entered Bt Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. 6 The Opinion March 15, 1989 The Opinion Mailbox: Students Respond To Smith Yes, This Is Radical To the Editor: This is a response to Dave Smith's editorial "And Some Say This is Radical" (Opinion, March 1, '89). Mr. Smith complains about so-called "liberals" in the law school who concentrate on such "frivolous" issues as "banning plastics tuna and animal rights." grapes Unlike yourself, Mr. Smith, I do not exist in a one-issue vacuum. I do not find the issues of protecting the environment, protecting the health of exploited farm work- .. .. .. To the Editor: Although Dave Smith makes a good point concerning the need for an integrated approach to the multiple and diverse problems facing us as a result of racist, monopolistic economic policy, he levels an unwarranted attack on all progressive people. This is the second time The Opinion has published one of his rambling diatribesthat rely on flat labels, unsubstantiated opinion, and cultural prejudice to attack the left. Attacking environmentalists as racists because they do not work on the global issues the way Dave Smith wants them worked on is thoughtless and unprovoked. I'm putting myself in the category of those so labelled because I work on the NLG Grape Boycott and am a director of the Buffalo EnvironmentalLaw Society. I guess Mr. Smith thinks the Farm Worker Grape Boycott is not a racial issue because it concerns illegal aliens and not black law students. I suppose Mr. Smith doesn't bother going to the prisons with the NLG to help educate the 60% black and hispanic population because it doesn't fit his prescription for violent change. I didn't see Dave Smith at the Buffalo Common Council police brutality hearings and I haven't heard him lobbying for any police disciplinary reforms. I've been doing all these things as well as working withthe Coalition Against Bias Related Violence and the Students against Aparthied. I presume Mr. Smith would like me to ignore the capitalist onslaught against the environmnentso I can spend my time lobbying big law firms to admit Dave Smith. No thanks. Jim Monroe ers, protecting the endangered dolphins, and protecting animals from human cruelty to be "frivolous." I have the capacity to embrace all of these issues, and more. It's a shame that you do not. In an obvious reference to my editorial on animal rights, you state that "the liberals in the school are placing the rights of animals before the rights of human beings." What utter garbage! It is an unfounded conclusion which only serves as a vain attempt to bolster your misguided, self-centered argument. By your logic, Mr. Smith, any issues other than racism, like women's rights, gay rights, and torture in Latin America, are frivolous simply because they do not address your own particular concerns. Wake up, Dave. Racism is not the only problem in this world. If you could manage to drag yourself out of your moral tunnel vision, you would see that all forms racism, sexism, homoof oppression are interphobia, speciesism, etc. related. The same power structures and attitudes which subjugate people of color also treat women as objects, gays as evil, and animals as test-tubes. You cannot address one form of oppression without examining the other, particularly in your own life. To do so is truly the sign of a "phony liberal" and perpetuates the fragmentation and ineffectiveness of the Left. To paraphrase your own article: when blacks and whites and women and men join togetherto fight all forms of oppression, then this country will learn what revolution is really about. And by the way, Mr. Smith, I'm not a liberal. I'm a leftist radical Sincerely, Michael D. Gurwitz Ist year — — Edit, Edit, Edit To the Editor: A response to Gary B. Ketcham: Gary there's another word that all writers seeking excellence should know edit, edit, edit. Also a suggestion for exam taking use smaller words they're faster to write. Barb Gardner — — — — Student Looks At "JAG Corps Issues" (This is an open letter to University Pres- ident Stephen Sample). Dear President Sample: This letter is in response to your reinstatement and legitimization within the law school community of groups with outrageous discriminatory hiring practices. Having been in law school for nearly two years, one thing I have learned is the difference between a smoke screen and the substantive issues involved in a case. Your purported jurisprudential concerns of 1) jurisdiction, 2) whose interest the school is serving, and 3) whether the university has the authority to ban organizations with outrageous discriminatory hiring practices (as reported in the Spectrum on 2/22/89) are nothing more than smoke and mirrors. The real issue in this case is whether the university has the courage to stand up for the principal of "equal protection under the law" —for human rights. Before I answer your jurisprudential questions, let ustake a good hard look at the law nondiscrimination policy and at the first group sanctioned by its provisions— the Judge Advocate General (JAG Corps). (For the uninitiated the JAG Corps is the legal branch of the armed service.) The JAG Corps refuses to hire lawyers who are either physically handicapped, over thirty five years of age, or who are homosexuals. Pyschologically you can be a powder keg or outright insane and not be preliminarily excluded from employment. If you are thirty six years old, how- — ever, forget it you are automatically excluded even if you're ranked number one in your class. The same is true for handicapped or gay people. As a matter of constitutional analysis there is no rational relationship between the discriminatory classifications and any stated governmental objective. Certainly, there are many poppycock justifications for the discrimination. My all time favorite is that if you let gay people serve as lawyers in the armed forces they will be susceptible to being "blackmailed" (a racist term but univerin turn, sally understood) which, threatens national security. In reality the exact opposite is true. If you are gay and want to be in the JAG Corps you simply don't tell them about your sexual preferences. However, then you are susceptible to blackmail because if the JAG Corps finds out you will lose your job something no one wants to have happen to them. The whole problem would be avoided if the discriminatory classification simply did notiaxist. It makes me wonder how many tirril/s national security has been breached because of the existing discrimination. To this day I have yet to hear any justification which supports discriminating against the aged or handicapped, let alone gay people. They are hiring lawyers not a macho SWAT team. Now let's take a look at your supposed jurisprudential concerns. 1. Jurisdiction. You claim the law school has no right to ban an organization from corn- — (See JAG Issues, page 11) �More From The Opinion Mailbox . . . Students Claim that Faculty Statement Chills Conservative Speech Dear Editor: There is a little dirty secret here at UB Law School. Probably many law students, in particular 2nd and 3rd years, will remember the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" adopted by the law faculty on October 2, 1987 in response to acts of harassments against certain law students. Beyond providing severe academic sanctions for an individual committing such acts, the statement also provided that "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however they occur." At the time, many students, including Thomas L. Jipping and Kenneth D. Neeves, spoke out strongly against this infringement on the freedom of speech guaranteed by the First Amendment to the U.S. Constitution. They correctly criticized the statement as "the antithesis of its title because it prohibits, rather than tolerates, speech with which it might disagree" and the "chilling effect" it would have on speech in the law school. In addition, UB Law School was the subject of national media derision (see Nat Hentoff, "A Law School Flunks the First Amendment") and scorn by then Secretary of Education William J. Bennett who promptly criticized the school as a haven for "left-wing intolerance to conservative viewpoints." Dean David Filvaroff, who replaced InterimDean Wade Newhouse in the Spring 1988 and thus had no hand in the statement's development, was quoted in a Buffalo News article on April 19, 1988 that "the policy would be clarified so that students did not have to worry about being penalized for expressing what may be unpopular ideas." As a result, Dean Filvaroff formed a committee with the responsibility to revise and clarify thefaculty's statement by early Fall 1988; however, in the meantime, the statement would remain in force unchanged. Not surprisingly, we have heard nothing from this committee. Where is this promised revision? It will be almost a year since the Dean made that promise to the students and general public but, to date, he has failed to honor that promise. He has failed to produce even a single draft revision of the statement. What is Dean Filvaroff waiting for? Perhaps (hypothetically speaking, of course), Dean Filvaroff hoped the controversy would subside and the students would forget about his promised revision, and thereby the faculty could continue using the statement to condemn students making verboten remarks. Therein lies the dirty little secret. Unfortunately for the Dean and the faculty, we have not forgotten his promise. In response to observations made by Messrs. Jipping and Neeves about the statement's "chilling effect" upon speech, Mr. Newhouse in his April 14, 1988 article in The Reporter launched a venomous ad hominem attack against Mr. Jipping for even alleging such an effect. Yet the statement's "chilling effect" on speech continues to this day. For example, many of you will remember our involvement in seeking (and ultimately achieving) the rescission of the faculty's resolution barring the JAG from using "law school facilities." During the many debates, one of our colleagues asked us for our personal opinions about homosexuality. Because this statement remains in effect, we were unable to express our opinion for fear that such opinions might be subject to "open and swift condemnation." Yes, Mr. Newhouse, there is a "chilling effect." As Justice Brandeis noted in his concurrence in Whitney v. California about our Founding Fathers and the notion of freedom of speech, he stated, "Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law the argument of force in its worst form." We here at UB Law School still labor under a silence coerced by the faculty and Dean. Therefore, we now call upon the Dean to honor his promise made to the students and public nearly one year ago and come forth with his revision of the faculty's statement. Let's return the First Amendment back into the classroom here at UB Law School. John S. Wiencek IL, Section 3 Daniel P. Majchrzak, Jr. IL, Section 3 — Commentary... Provost Greiner Unsympathetic To Concerns of Students statement on the merits of the issue," said by Troy Oechsner Law student leaders held a heated discussion with Provost Greiner over the administration's recent decision to overturn the law faculty's policy of prohibiting use of Career Development facilities or services by employers who discriminate on the basis of disability, age, or sexual orientation. Students expressed dismay over the meeting. "If this first meeting is any indication of the administration's attitude, I am not a happy camper. I guess Mr. Greiner showed usthattheadminstration cares as little about student input into university decision-making as they do about ending employment discrimination at the school," said Jim Monroe, student leader of the National Lawyers Guild. "Not only did he refuse to acknowledge any of our very reasonable requests," continued Monroe, "he was patronizing and rude." According to Lisa Morowitz, Editor-inChief of In the Public Interest law journal, the law student Employment Anti-Discrimination Coalition first requested an end to ÜB's support for employment discrimination by reinstating the Law School policy and adopting it on a universitywide basis. "No way," said Greiner in response to the student request, "I'm not here to make deals." According to Morowitz, the students had several other requests which were similarly dismissed. "We simply asked (the Provost) to clarify the administration's policy by way of a public written Morowitz, "for some reason he had problems with this." Greiner explained, "This is only a jurisdictional question. It has nothing to do with the merits." he continued, "We'll have to see what SUNY Council says about this. But I'm not in a position to explain anything right now, on the merits." However, claims Morowitz, students did not agree with Greiner's contention that this is just a jurisdictional issue. "There is a reasonable claim that the current UB policy of allowing employers who discriminate such as the military is legally valid under the supremacy clause. But there is an equally valid legal claim that state law prohibiting employment discrimination practiced by the military should apply," said Morowitz. "All we want to know is why the administration seems to be choosing to allow discrimination when it could be making a legally sound decision to prohibit discrimination." Students later requested that Greiner explain what the administration is doing to arrive at a final decision. Students asked the Provost what criteria are being used to make the decision, what opportunities there will be for student input, and what will be the expected timeline for any decision. "Again, that's up to the President (of the university). I can't give you any guarantees. We will listen to your concerns, but I'm not in a position to say anything about timelines, No." responded ' Greiner. . BUS TO WASHINGTON, D.C. for WOMEN'S REPRODUCTIVE RIGHTS MARCH April 9, 1989 DEPART: Saturday, April Bth; 10:00 P.M. RETURN: Monday, April 10th; Approx.4A.M. , PARTICIPANTS ARE URGED TO WEAR WHITE Assemble on the Mall near The White House in Washington D.C, alphabetically by state by 10a.m. • • • • Sunday, April 9th. Look for your local chapter or delegation. Rally concludes by 5 p.m. Wear comfortable walking shoes and warm clothing Bring your own non-perishable snacks, drinks, pillows ! I^,l = ; v|d mwjfef tfi^j n>l L \ j!j|'4fc j j \WI3JuV t ,!ia "W BUjliMlk rji. Ij[f__ "How can you say you'll listen to our concerns?" asked Nathaniel Charny, of the NLG. "You keep interrupting and you didn't even bring a pad to write any of our concerns down," said Charny. Greiner admonished students at several points in the meeting. In one instance he was upset at students for placing a tape recorder in the middle of the table without first asking his permission. Students also asked if the Provost would help arrange an opportunity for students to meet with UB President Sample, but were again rejected. "You'd be better off asking the President yourself," said Greiner. "We plan to do just that," said Morowitz at the conclusion of the meeting. Accord- ing to Morowitz, law students are linking up with undergraduate and graduate students to organize around this issue. Apparently, the law students have made a good start. Present at the meeting with Greiner were representatives from: the National Lawyers Guild, the Lesbian and Gay Law Students Organization, the Student Bar Association, 504 (Handicapped Law Students Organization), Association of Women law Students, Buffalo law Review, In the Public Interest, Latin American Law Students Association, the Buffalo Public Interest Law Program, the Environmental Law Society, the Labor Law Society, and the Jewish Law Students Association. . Entertainment Law "It's major bucks!", said Robshaw as he described multimillion dollar transactionswhere investors doubledand tripled their money in less than two years. Robshaw pointed out an upside of this situation for lawyers where fees of twenty to thirty thousand dollars are not unusual. Robshaw described the colorful on-theair people he comes into contact with in working for radio stations. "They're off the wall. They may sound nice on the radio, but you don't want to have them at your house for dinner! But that's the fun part." Robshaw is currently negotiating for his radio station client WGR to try to acquire broadcast rights to the Buffalo Bills. His latest success was getting the Buffalo Bisons over to WGR for the upcoming season. Buffalo Environmental Law Society Valeric Moliterno of the League of Women Voters March 16 at 12:30 p.m. Brown Bag Lunch "Detoxifying Your Home Environment" 4th Floor Student Lounge n,_ ,„ BUS TICKETS ARE $20.00 CASH, AND ARE BEING SOLD OUTSIDE THE LAWLIBRARY. BUSES LEAVE FROM AMHERST CAMPUS, SATURDAY, 10:00 P.M. AND RETURN HERE MONDAY, 2:00 A.M. Sponsored by: Association of Women Law Students SA Women's Affairs \ MS Seventh Avrnw. Salic 61 New York, New York 10001 <ll 1> 494)694 (201)61) 1)63 > from page 5 "It's fun. It's neat. It's pizazz. It's a bunch of cracko people who are on the air. The management people are generally hardnosed people. But once you get it running well you can make a lot of money in this business." It is also, evidently, a fast paced business. Kane told the story of a radio personality whose station lost its license on a Friday afternoon. The station he represented anticipated this action and sent a representative out to the area. "The United States Supreme Court acted on Friday and we had [her] back here and under contract the following Monday." The ELS lecture series will continue throughout the semester. Asbestos from page 5 of the progressive nature of the disease. The greater the exposure to asbestos, the greater the deterioration of the victim. FIVE PART PLAN SUNY has begun a five part plan to deal with asbestos containing materials on campus. This consists of (1) removing immediately the asbestos that poses the highest danger to the greatest amount of people, subject only to funds from the NY State Legislature, (2) removal of asbestos in areas currently being renovated, (3) training personnel in asbestos removing/ precautionary measures, (4) providing additional training for anyone removing replacing or touching asbestos, and (5) providing additional information for all employees and students. Although the asbestos level present in O'Brian Hall has been determined to exist at a safe level, precautionary measures should be taken by all faculty, personnel and students in not disturbing, puncturing or removing ceiling tiles or wall boards that may contain asbestos materials. March 15, 1989 The Opinion 7 �Faculty Student Association Tables Grape Boycott The FSA board disappointed the progressive movement here at UB on Tuesday, February 28 by voting 5 to 4 to table a resolution to boycott grapes in support of the United Farm Workers and their struggle to protect themselves and American consumers from dangerous pesticides. Joe Brennan, chairman of the FSA subcommittee which studied the proposal to boycott grapes and a graduate student representative on the FSA board, recommended that the board adopt the proposed resolution "to show our support and concern about the issue of pesticide poisoning of consumers and workers in our country." by Bruce Brown Staff Writer Mr. Brennan then moved that the FSA approve the declaration which would have instructed food services to "refrain from purchasing and serving table grapes until the misuse of pesticides is corrected." During the debate that followed the motion, Don Hosie, the director of food services, argued against the proposal and maintained that "there's an awful lot of whereases (that) as a member of the committee I would question the validity of. I think you can accomplish the same purpose by using fewer whereases and not be subject to possibly accepting some statements made that lack documentation." Mr. Brennan then asked Mr. Hosie "which (statements in the resolution) would you propose that we strike?" Mr. Hosie replied: "I I haven't looked at it" (the resolution). Declaring that all he had heard was "a lot of talk" committee member Dr. Howard Foster used a parliamentary procedure to delay the vote by moving to table the motion and instruct the committee to prepare a report on "the question of . ... whether in fact these pesticides are making people sick." The FSA recently tested some of the Chilean grapes it has been serving the students here at UB and found the presence of a known carcinogen, Captan, which has now been banned in the United States. Chile also allows its grapegrowers to use DDT, a pesticide banned for use in the U.S. in 1972. California grape growers use over 8,000,000 lbs. of pesticides per year, one third of which are known carcinogens. Many of the pesticides used have an oil based and cannot be washed off by consumers. One out of four Americans (60 million people) can expect to contract cancer during their lifetime. Most of the cancers are thought to be a result of diet and tobacco use. Pesticides on fresh and processed foods may account for an additional 1.46 million cases of cancer among Americans over the next seventy years. 80% of the Faculty Candidate Gerber Meets Student Body On Thursday, February 23rd, as part of the "Meet Faculty Candidate" Series, Education Law Clinic instructor Judith Gerber spoke with two groups of law students as part of her quest to gain a tenuretrack faculty position here at the law school. By Alexei News Editor particularly interested in what she termed "systems of protection" as a field of study. In this vein, she asked, what happens when a traditional "oppressor," the state, becomes a protector? .. . Schacht Ms. Gerber has, since the Fall of 1987, been supervising students who are helping handicapped school children assert their rights. Her goal is to create a family law clinic "with some emphasis on women's issues." This goal, combined with her interest in "legislative reform" and "group representation," led Ms. Gerber to mention aiding women's groups representing rape victims as a possible area of clinic activity. Ms. Gerber went to Princeton University as an undergraduate, where she majored in history and wrote her senior thesis on "Fugitive Slavery in Boston: 1851-1854." She is also a 1984 magna cum laude graduate of U.B. Law School. Having gone to school here, Ms. Gerber feels that she has a "stronger understanding of where you (U.B. Law Students) are ." . But, Gerber does feel that the "fundamental mission of law school is to create lawyers not scholars, not sociologists." In this regard, Gerber's own experience working as a law clerk for two years at the New York State Court of Appeals, and for a year as an associate at McNamee, Lohner, Titus & Williams in Albany, should prove helpful. Faculty Candidate Judith Gerber Ms. Gerber, who taught Legal Methods as a second year student and was a Teaching Assistant for Civil Procedure in her third year, won the Law Faculty Award for Excellence in Teaching upon graduation. Teaching Legal Methods was a "really wonderful, wonderful experience," said Gerber. She clearly has enormous enthusiasm for teaching and laments the fact thatthere is no place on campus more amenable to "daily interaction" between teachers and students. As such, Gerber said that "one of my priorities is to be accessible" and to "share in things that go beyond just class." Ms. Gerber said she hopes to be able to combine research with teaching and is TACHROESNATION One of the good things about a family law clinic, Ms. Gerber pointed out, is that most areas of the clinic would deal with problems that can be dealt with in one semester. This, according to Gerber, is due to the fact that there is "often a sense of urgency in Family Court that you won't find in Supreme Court." That way, students will be able to see cases through to completion. Toward the end of the day's seconddiscussion Ms. Gerber best summed up her interest in the Law School by saying, "I enjoy teaching. That is really my priority and my love." the day before was Eleanor Bumpers, tomorrow the next victim may be one of us." With a marker, the quote was underlined and stuffed into the author's mailbox with a commentary endorsing the racist murders as "Good". ( The Commentator, vol. 23, no. 10,.February 23, 1989, pp. 2, 3) University of Chicago Law School News Briefs Western New England In an open letter to the administration regarding on campus recruitment by various branches of the armed forces, the National Lawyer's Guild chapter of the Western New England College School of Law attacked the law school's recruitment policy. Law school administrators apparently told first year classes at the beginning of the school year that it would not tolerate homophobic behavior within the law school community. It was deemed to have been a voluntary statement. The NLG, in their letter, challenged the law school's advocacy of a policy it will not, according to the NLG, enforce. The NLG seeks to have the law school ban any organization's recruitment if it will not sign a statement of non-discrimination against minorities, women and homosexuals. In addition, the NLG position states that the law school could require an organization, believed to discriminate, to produce evidence that it does not discriminate to the satisfaction of the law school. This latter position has drawn harsh responses from the student body. 8 The Opinion March 15, 1989 (Lex Brevis, Vol. XVII, Issue 8, January 26, 1989, p. 4) New York University New York University law students expressed their outrage over the lack of initiative taken by Dean John Sexton to take steps to state his moral outrage at the insults perpetrated on persons of color. Last year a Women of Color brochure was defaced and most recently a Jesse Jackson poster was burned while on a resident's apartment door. Apparently, Dean Sexton has not taken any action against these and other acts of a racial nature. A hundred law students signed a letter asking Dean Sexton to act upon these issues. On Thursday, January 26, 1989, an article written by a Latino law student appeared in The Commentator regarding the death of Juan Rodriguez. The article also included other incidents of racial violence. In the article, a spokesperson was quoted as saying, "Remember, yesterday was Juan Rodriguez, The University at Chicago Law School barred the world's largest law firm, Baker & McKenzie, from recruiting on campus for a year, as a result of a student's complaint of racist, sexist and anti-Semitic slurs by a partner during a job interview. Harry O'Kane, a partner in Baker & McKenzie for over 20 years, asked Linda Golden, University of Chicago Law School student, during the inverview, how she would respond if she were called a "black bitch" or a "nigger" by a legal adversary. While discussing her activities in which she told Mr. O'Kane that she played golf, he responded, "Why don't blacks have their own country clubs?" and concluded that "the reason blacks don't have country clubs is that there aren't too many golf courses in the ghetto." In a letter to Geoffrey R. Stone, the law school's dean, Ms. Golden stated that Mr. O'Kane went on to observe that "Jews have their own country clubs but that he never wants to belong to a Jewish country club, but at least they had their own." Baker & McKenzie, one of the world's leading international firms with offices in 31 cities outside the United States has been barred from recruiting on campus for a year. Robert W. Cox, chairman of cancer cases associated with pesticides involve consumption of raw foods. The EPA is in the process ofreassessing the tendency of pesticides already licensed and in use to cause tumors, abnormal growth, and cancers. However, by the EPA's own estimate they will not have accurate data on all pesticides until the year 2021. The student chapter of the National Lawyers Guild and the Buffalo Environmental Law Society would like the FSA to endorse the United Farm Workers' call for a boycott of California table grapes. The UFW estimates that 300,000 farm workers are poisoned by pesticides each year. Their goals for the boycott include joint UFW/grower testing of grapes for pesticide residue, the publication of all test results, and a ban on the five most deadly pesticides. Many of the farm workers exposed to pesticides have little or no understanding of the dangers of exposure. Ramona Franco worked during the first three months of her pregnancy picking grapes known to have been sprayed with pesticides that can cause birth defects. She was told by foremen and growers that the pesticides were safe, harmless "medicine" for the plants. Her son Felipe was later born without arms and legs. A spokesperson for the CSEA, the recognized bargaining representative of the food service employees at ÜB, stated that the board's action on the grape issue is representative of a twenty-year hostility to the labor movement. The CSEA has officially gone on record as supporting the UFW boycott. The movement to ban grapes from the campus began in March of '88 when Arturo Rodriquez, a United Farmworkers' representative, came to the law school and made a presentation on agricultural workers and pesticide risk. An FSA subcommittee has been looking into this issue since the beginning of this academic year. An NLG spokesperson said that they are steadfast in their support for the boycott as a consumer, farm-worker and moral issue and that the NLG will continue to work with the subcommittee and the board until the problem is resolved. The NLG is encouraging all students to refrain from purchasing or eating grapes. Baker & McKenzie explained that Mr. Harry O'Kane had been trying to determine how Ms. Golden would react as a litigator under duress in a courtroom. Maroon, Law Student Newspaper; Reprinted in part from The New York Times, February 3, 1989) Albany Law School Albany Law School's Summer School welcomes law students who may be interested in enriching their programs or catching up on credits. The Albany area offers students exciting cultural and recreational opportunities. Albany Law School's 1989 Summer Session courses are: Disabilities Law Clinic, Evidence I & 11, Externships, Government Ethics, The Legal Profession, Negotiating, Trusts and Estates, White Collar Crimes and Women and the Law. Many of the practical concerns of the students have been addressed. Courses begin on May 30 and end on July 24 before the New York State bar exam for graduating seniors and well before the fall term for otherstudents. To accommodate work schedules, most classes meet in the early morning or early evening. Early applicants receive a tuition advantage: tuition is $360 a credit if payment is received by April 28; $390 thereafter. Students demonstrating financial need may be eligible for a government grant or loan. Some rooms are available in the residence hall, and a list of other housing is available. For further information, contact Summer School Office, Albany Law School, 80 New Scotland Avenue, Albany, N.Y. 12208; telephone (518) 445-2383. �GETTHE KAPLAN -SMH ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONL V WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J J| 1 I ™* IIVI ■■ WMM m *** IBAR REVIEXA/ SERVICES y^l^l M' |mA%ll fl I RA [800] KAP-TEST ■«•»■ ■ ■! " I STANLEY H. IT ■ [800] 343-9188 W Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. TonawandTNewYor^SOSgiy (716) 837-8022 ' © 1989 KAPLAN-SMH PRINTED IN USA March 15, 1989 The Opinion 9 �Art Dealers' Lawyer Discusses "Value" of Artworks Gilbert S. Edelson, Administrative Vice President and Counsel for the Art Dealers Association of America, was the speaker at the second segment of the "Art and the Law Lecture Series" at the AlbrightKnox Art Gallery. The title of his lecture was "Art Law and the Booming Art Market." Over the past five years the art market has gained increasing popularity as the media and the public anxiously ask "How much is it worth?" This fact worries Mr. Edelson, who says "The emphasis is on hype which has nothing to do with the appreciation of art and the detriment of fine aesthetic values." Although the public hears of works of art selling at auction houses for five or ten million dollars, Mr. Edelson says this is a poor representation of what is going on in the art market as a whole. Mr. Edelson attributes the boom in the art market to four factors. First there are a great many wealthy people around who are willing to pay the inflated prices that are attached to some pieces of art. Second, there is a heightened interest in art Managing Editor which is reflected in the media, and as the media reports on this heightened interest the interest grows. "The substantial price inflation over the past five years is limited to important works of art by artists of established reputation This is a very small but very important segment of the market." Third, there is a certain social element attached to collecting art and being around those who do. In some cases art is the entry into important social circles. Fourth, people think art is a good invest- by Donna Crumlish .. Grade Chart For Fall 1988 Instructor Atleson Atleson Avery Berger Berger Blum Blum Brown Buckley Carr Cascio DelCotto Ewing Ewing/Halpern Freeman/Mensch Freeman Girth Girth Goldstein Gresens Hager Hager Halpern Headrick Hezel Hurwitz Hyman Hyman Joyce Kannar Course date posted Collective Bargaining (2) Collective Bargaining 12/27/88 1/11/89 Labor Law 1/5/89 Civil Procedure I Research and Writing Civil Procedure I 1/19/89 1/10/89 1/30/89 1 9 8 50 15 2 1 51 13 1/23/89 4 23 95 8 Torts Federal Tax I Criminal Procedure I Remedies Contracts Future Interests Municipal Law School Law Civil Procedure Great Habes Pitegoff Reis Scales-Trent Property 2 Constitutional Law 2 Schlegal Seipp Seipp Corporations Clinic/Immigration Law Immigration Law Trial Technique N.Y. Practice Family Law 1/13/89 1/17/89 12/27/88 2/13/89 1/4/89 1/20/89 1/20/89 1 15 16 4 1/31/89 4 1/3/89 2/15/89 12/27/88** 12/27/88 2/10/89 1/6/89 2/3/89 2/6/89 1/17/89 1/20/89 13 1 3 11 4 21 5 17 1 10 12/27/88 1/13/89 1/20/89 Totals 10 4 10 13 18 798 61 11 1 46 24 7 69 55 2 7 65 16 10 4 6 66 6 8 50 8 17 35 2 43 1 1 16 2 54 47 17 24 22 51 6 6 7 9 57 1 24 40 43 45 23 28 3 1 1 4 2 1 40 2 1,806 84 Due to space limitations grades which seldom appeared such as F and R were not included. Grades compiled by Bruce Brown and Eric Katz. March 15, 1989 3 1 23 13 213 These Grades were not posted as of March 13, 1989: Boyer Administrative Law Steinfeld Corporations The Opinion 1 2 6 18 *One Section of Research and Writing is missing from these totals **Professor Olsen also reported 4 incompletes 10 4 15 3 32 35 1/10/89 2/3/89 2/14/89 2/3/89 4 14 20 15 10 9 8 8 21 1 21 16 12 11 11 15 1 5 40 3 37 3 2/9/89 2/21/89 1/20/89 1/11/89 1/6/89 Federal Tax Reform Financing Small Business 55 15 13 9 1/26/89 12/27/88 65 4 8 1/12/89 1/20/89 1/25/89 2/8/89 2/28/89 2/28/89 19 6 17 3 7 5 12 2/16/89 Administrative Law Federal Tax I Consumer Protection 2 9 11 51 68 24 21 2/13/89 1/20/89 1/17/89 2/14/89 1/4/89 2/21/89 1/18/89 55 19 16 2/13/89 1/13/89 1/6/89 1/24/89 1/17/89 1/20/89 12 5 60 49 10 Judicial Clerkship Research and Writing Worker Ownership Trans. Zimmerman Zuffranieri 10 47 2/6/89 Family Law Feminist Theory Property Swartz Szczygiel Thuronyi Thuronyi 8 13 31 23 38 15 D Q Evidence Legal Research/lnternat'l Law Federal Tax I Criminal Law Criminal Law Antitrust Law Con Law I Comp. Legal Traditions Debtor/Creditor Legal Rights of the Handicapped N.Y. Practice Clinic & Education Law Lawyering Skills Criminal Law Corporate Transactions Clinic/Low Income Housing Insurance Law Intro to Legal Methods Marcus Marcus Staff Sullivan Q* 7 2 11 2/23/89* Planning Law in Practice Race, Racism and Law American Legal History Contracts Case Study, U.S./Dispute Resolution Munger Newhouse Olsen Olsen Olsen Olsen H Research and Writing Coastal & Marine Res. Law Commercial Paper Kaplan Kenyatta Konefsky Konefsky Leary Lindgren Meidinger Mensch Mugel H* ment. In reality only a small amount of art appreciates significantly in value and thus art is not really secure as a financial investment. Mr. Edelson spent some time talking about the deals that occur in the primary and secondary art markets. The primary market is that market which consists of the first sale from an artist to a collector. Usually this transaction takes place through an art dealer. Unfortunately there is a shortage of dealers in contemporary art because it is a high risk business. "Most dealers get their legal advice from their accountants," said Mr. Edelson, as a result there are very few written contracts between artists and their dealers. Often there is just an oral agreement and the few written agreements that do exist are simple and brief. There is no loyalty among artists and dealers which complicates the fact that there is a lack of structured agreements. The secondary market is the resale market. Very few living artists have a resale market for their work; most art declines in value. This aspect of the art market gets little publicity as the inability to sell a work of art doesn't get any headlines. One legal issue that encompasses the secondary market is that concerning royalties. In the last session of Congress Senator Kennedy was the advocate of a measure that would require the payment of royalties to the original artists or their estates (within 50 yr. of the artist's death) upon the resale of their work. This provision did not become law in the last session of Congress but it is suspected that Kennedy will introduce the measure again this session. Proponents of royalty payments upon resale argue that this is an additional source of income for the artist, that composers and authors are paid royalties and that it is unfair that an artist should not share in the appreciated value of his art. Opponents of royalty payments upon resale argue thatthe term royalty is a misnomer. Since an artist sells his or her work outright, the so-called royalties would really be a provision for compulsory profit sharing. Mr. Edelson's last topic was that of auction houses. The selling of works of art in auction houses has been highly visible in the media in recent years but what goes on within the confines of the auction house is often unknown to the public. Auctioneers are regulated by the Office of Consumer Affairs but apparently the Office of Consumer Affairs is on the same side as the auction house. One of the things that goes on in auction houses is called a secret reserve. The secret reserve is a dollar amount agreed on by the auction house and the artist below which a work of art will not be sold. Often the public is left with the impression that a work of art has been sold when in reality it has not been because the top bid did not top the amount in the secret reserve. Auctioneers will often start the bidding between one half and one third of the secret reserve, so that often 75% of the bids at an auction sale are meaningless. Another tactic used by auction houses is known as "bidding off the chandelier." This occurs when the auctioneer ups the ante by calling out bids as if they had been made when in reality they have not. The Commissioner ofConsumer Affairs investigated auction houses and decided to allow the secret reserve and bidding off the chandelier as it was felt they were integral to the nature of auction houses. However one change in the present law occurred. It now must be revealed that a work of art has not been sold if the top bid does not equal that of the dollar amount in the secret reserve. Mr. Edelson closed his lecture by criticizing all of the attention that is focused on the dollar signs that surround the art industry. "The ultimate appeal and ultimate pleasure comes from a response which can't and shouldn't be measured in economic terms, but rather it should be known that the pleasure of looking at art is priceless." �class. I see no problem here as long as your fidelity does not become peripheral. Many people would be thankful to have something that motivates them to go to class (rather than motivation not to go). Hidden fantasies are okay as long as you do not reveal them. (But then they would no longer be hidden, would they?) M.S.P. Miss Social Procedure Ms. Social Procedure Thought-For-The-Day: Love is the triumph of imagination over intelligence. Sincerely, Angered 'L^^^^mmißtnnitmßf/BBBfimmm^^K^K^M Dear Ms. Social Procedure: How would you deal with a friend who is so H-crazed he/she is almost unbearable to be around? Signed, Enjoying the View from the Q-Train Dear Enjoying: Anything you say to your friend must be said with tact because you do not wantto beaccused of jealousy.You could point out to your friend that you are happy just to be in law school. Once we're on that employment train H's are no longer important. Or your could try the ol standby, "shut your caboose, you're driving me nuts." M.S.P. Dear Ms. Social Procedure: What is the proper response to a fellow student who returns to school with an obviously different hairstyle, e.g. a much darker hair color or a much longer hair length? Should one comment on this new look or pretend not to notice the difference? Beauty School Dropout Law School Student Dear Dropout: When someone makes a noticeable change in their appearance they usually appreciate some type of feedback. It's usually safe to say, "Wow, haveyou done something different to your hair? Where did you have it done.?" If you hate the change, you can save your money and make sure you go somewhere else. M.S.P. Dear Ms. Social Procedure: I am a second year female law student who is very happily married. However, I am attracted to a man who is in two of my classes. Although I have no intention of cheating on my husband I have found that this man is my main motivation for going to these classes. Is it wrong that a law school class should serve the peripheral purpose of satisfying my hidden lust for another student? Lusting in Lectures Dear Lusting: It's nice to hear that intellectual stimulation is not your only reason to attend Dear Ms. Social Procedure: I am very angry. I have evidence that my roomate used my bed for a sexual encounter with her married boyfriend yesterday afternoon. I have not confronted her with the situation yet. Can you suggest a polite way to let her know that I will not tolerate this type of behavior? Dear Ms. Social Procedure: Rumor has it that the law school semiformal will be coming up some time in April. I would just love to go with a "certain someone." My question to you is, how do I attract this man's attention and get him to ask me to the semi-formal within the next month? Damned to be Dateless Dear Dateless: It seems like you have had your nose in your casebooks too long and you have missed the last 12 issues of Cosmo. Women of the '80s (almost the '90's) do not have to "get" men to ask them out because they do the asking themselves. Perhaps you could drop subtle hints to this lucky fellow that you are benignly interested in him. Be subtle but direct, especially if he doesn't know who you are yet. Start with friendly hellos in the hall and work your way up to idle conversations. If you establish a foundation he will be ready when you ask him if he would like to go with you to the next SBA bash. Good luck! M.S.P. Dear Angered: Yuck! There is no polite way to deal with herinconsiderate behavior. Tell your roommate that if your bed is going to see any action, it's going to be by you and not her. M.S.P. Dear Ms. Social Procedure: I have found one of the lawyers at the law firm where I clerk to be very handsome, charming, witty, etc. I am attracted to him and I think he is attracted to me. What is the proper way to handle this situation? Law Clerk in Love Dear Clerk in Love: A lawyer who is handsome, witty, charming a serious oxymoron here. If he's generous too, have him bronzed and put on a pedestal so we can all enjoy him. Be cool and remain professional. Office romances are very sticky (no pun intended) situations and if you two hit it off you may need to seek employment elsewhere. By the way, where can I send my resume as your replacement? M.S.P. — Labor Law Society Off To A Great Start by Ellen A. Burach On Monday, March 27, at least 25 people came to hear John Donovan, a labor specialist with the Buffalo law firm of Phillips, Lytle to discuss the Employment at Will doctrine and its interrelation with current labor law in New York State. The event was sponsored by the Labor Law Society. Mr. Donovan stated that he engages in mainly preventive law; he advises his clients to "do it right the first time" so that there is no need to end up in court. He commented on New York being an "employment at will" state, which means that without a collective bargaining agreement to the contrary, an employer does not need "just cause" to discharge an employee. Mr. Donovan stated that his firm advises clients on the "do's and don'ts" of discharge, despite the employment at will doctrine. He said that he counsels his clients to treat employees as people, and to be as fair and sensitive as possible. He stated that he tells clients to part of the assume they will be sued preventive law that his firm advocates. Mr. Donovan emphasized that approximately 3/4 of wrongful discharge and ter- — mination cases contain a defamation action as well, and thus once an employer comments on an employee, he opens himself up to a defamation action no matter how many rights he may have. Therefore, his firm advises clients that they must document their cases as fully as possible and that they must be consistent with prior termination decisions. The Labor Law Society was formed last semester by a group of first year Law students and it currently has approximately 80 members. The Society wishes to make people aware of Labor Law and employment relations and their inherent importance. Other than the educational aspect, the Labor Law Society deals with many labor-related issues such as women in the workforce, international labor and humanitarian rights, and employment at will. The Labor Law Society has sponsored other events as well. On February 3, Professor James Atleson spoke on the use of injunctions to prohibit picketing. On March 9, the Society co-sponsored Arthur Kinoy, a prominent labor and constitutional law attorney. Also on March 9 the Labor Law Society has, along with the En- Matrimonial Law to the corporate attorney, the other attorney (who had come in as a replacement) was one of the area's leading matrimonial lawyers. After three hours of depositions, the corporate attorney was so overwhelmed that he was actually referring to the matrimonial lawyer as "Your Honor." With regard to the actual trying of a matrimonial suit, Miriam Robinson, a partner with the New York City firm of Little, O'Connor, Finklestein, and Robinson, had some salient advice. Introduced by Birzon as "the busiest trial attorney in New York City," Robinson stressed the importance of preparation with regard to trial work. "The way to develop a style is through trial and error. However, you can never 'wing it.' No matter how good an attorney you might be, you have to do more than simply peruse through your notes on the night before a trial." Robinson also noted that one of the most important things an attorney has to do is believe in his or her client's credibility, it's a case you should attempt to settle and not take to trial." The conference's final speaker was Birzon himself, who as always, made some from page 1 informative points on the admission of evidence. Specifically, he discussed how the admission of evidence in divorcetrials differs from its admission in other kinds of trials. For example, since matrimonial trials are presided over by a judge and no jury, "prejudicial" evidence (evidence that is damaging to one of the parties involved), generally excluded in criminal trials, is often admitted. Birzon noted, somewhat facetiously, that "judges are unlike other mortals they are immune from bias and they can reason without passion." The reasoning of course is that judges, unlike juries, aren't supposed to be swayed by prejudical evidence. Birzon also added that an attorney should "never overestimate a judge —in many instances the attorney may know more about the Rules of Evidence than the judge does." Based on the quality of the presentations, as well as student turnout, Birzon appeared optimistic about maintaining the conference as an annual event. "I think there is a need for this type of program, and students have definitely shown an interest," he stated. — — tertainment Law Society, sponsored /Wafewan,one of the movies in the Paper Chase Film Series. The Labor Law Society will publish a JAG Issues monthly newsletter, and there is a general meeting every other Wednesday at 3:15 p.m. in the Fourth Floor Lounge. Everyone is welcome. from page 6 ing on campus. In fact, President Sample, the law school did not ban anyone. The policy simply states that groups which discriminate against the aged, the handicapped, and homosexuals (as well as many other classifications including sex, race, religion, etc.) are personna non grata. They do not exist in our eyes; we will not facilitate their activities through our Career Development Office (CDO). We will not provide them a forum to insult our fellow students. They can march up and down the halls all they want, but in our eyes they don't exist. The law school policy was adopted in accordance with Governor's Executive Order 28 and SUNY Board ofTrustee's Resolution 83-216. As I am sure you are aware, these documents prohibit state agencies, particularly SUNY schools, from participating in certain forms of discrimination. Discrimination based on sexual orientation was specifically banned. Therefore, the law school policy merely executes that which is already law. Finally, the law school often brings and refuses to bring speakers and other people on campus without your approval. Why is it that when we establish a non-discrimination policy which happens to affect the military first that you raise this question of jurisdiction? If the law school prohibited the use of of our CDO for the law firm of Ku, Klux, Klan and Duke would you be interceding? 2. Whose interest are we trying to serve: the employers or the students individually or collectively? This question is a quintessential illustration of smoke and mirrors. It merely attempts to shift the issue. Nonetheless, it is easy to answer. Discrimination of the type banned by the law school serves to benefit neitherthe employer nor the students individually or collectively. Discrimination not rationally related to any purpose which is based on immutable characteristics such as age, physical capacity, or homosexuality serves the interest of — — no one. It is a scourge on society. 3. Does the university have the right to ban someone from campus who is not violating a law? More smoke and mirrors. Once again, we are not standing at Flint Circle preventing the JAG Corps from coming on campus. The law school simply refuses to facilitate their activities. You surely wouldn'tbe asserting that any non university group has the right to access the time, space, administration and limited resources of our school provided they-are acting within the law? In a time of budget cuts? Even when what they are doing is morally reprehensible? I-am proud of the law school, Dean Filvaroff and the faculty in particular, for having the courage to stand up for what is right. Courage is what this issue is all about. Courage is a prerequisite to fighting for equality. The abolitionists were courageous. Leaders of the womens suffrage movement were courageous. Martin Luther King, Jr. and the other civil rights activists were courageous. These movements were successful because the causes were morally correct and there were people who had the courage to stand up and fight for that which is right. I do hope, President Sample, thatyou and the rest of the UB administration will have the same courage demonstated by Dean Filvaroff and the law school faculty. Justice is on our side. I must be frank, I wonder what are the true motivating forces behind your actions. Some allege that the only reason the law school passed this policy was because of an anti-military ideology. This is not true. The policy was initiated and implemented because, as lawyers, we have a moral obligation to fight against capricious discrimination. I cannot help but wonder whether your actions were motivated by nothing more than concern over the potential loss of defense related research money. Now wouldn't that be ironic? Sincerely yours, John Wenzke March 15, 1989 The Opinion 11 �BAR REVIEW Spring Semester Discount When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1989 Spring Semester 1989 Regular Tuition Discount Yo u Payy onlyy $1050 $950 $825 New Jersey Massachusetts, $925 Conn., Maine, $ 725 New York CMflfl V lUU $825 NH.RIorVT 1991 & 1992 Class of 1990 1989 Regular Tuition $1050 $825 New York New Jersey Massachusetts, Conn., Maine, NH, RIorVT Spring Semester Discount CMOCT $925 LLz^Ajdr' m..iL£MJ ™™im r 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 51 6/542-1 030 914/684-0807 12 The Opinion March 15, 1989 iha Avenue 160 Commonwealth 02116 Boston, MA 617/437-1171 Y ou Pay y only $925 $700 $800 Spring Semester Discount Yo u Pay only $900 $150 i|IIW . $6?5 $775 Remember: The last day to secure this discount is . nAU 00 £^0 MAnLM A $50 registration fee reserves this price. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-03-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/15/1989 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f2a765b323b0ebf5690aa2fd722fc9a.pdf 95705a738100797c17bdb956a29b98fe PDF Text Text SBA Election Issue PreCasidnednidt altes SBA Elections will be held in front of the Law Library on Wednesday April 12 and Thursday April 13. Please don't forget to exercise your right to vote. the UB law student body feels they are not welcome to use our school's recruit- ing facilities. Student Course And 2. SCATE Teacher Evaluation publication. Let's face it the faculty-provided course descripIf elected as SBA President, I would tions and the informal student informawork next year toward accomplishing tion network only go so far. What is needed is an institutionalized method of four primary goals: embody the positive JAG student opinions about courses I Corps collecting 1. progressive energy at UB Law and I am and teachers and providing these opinnot afraid to stand up strong against preions to other students before they regisJAG, until Therefore, feel that the ter. As project director of a similar underjudice. I they reform their policies, are taking at SUNY-Cortland in 1985,1 realize homophobes, and, as such, are abhorrent how easy, inexpensive, and informative and should be aggressively informed that they can be. Also, I know I have the re(See BICKEL, page 4) Oliver Bickel — — — Volume 29, No. 13 Ivan Khoury Chris Reo Ivan Khoury, the current Student Bar Association Vice President, requests your vote for the office of President. Ivan knows what it takes to make a difference; his two years of service as SBA First Year Director and as Vice President make him the logical choice for the job. Ivan calls for an end to narrow-mindedness, bigotry, and prejudice; he wants to make the law school a more harmonious learning environment. This is Ivan's plan. Ivan will strive to end stereotypes, and the fear of stigma and discrimination faced by those with different views. This can best be done by (See KHOURY, Page 4) As a Class Director and active student member, I have seen many of our strengths as well as weaknesses. I want to be your next Student Bar Association President because I feel it is essential for UB Law to continue in its current activist direction. This sense of activism doesn't just include involvement in social issues, but encompasses a stronger role in shaping our formal educational environment, a greater emphasis on social activities, and a louder voice within the community around us. My sincere convictions to this student body have allowed me to act in a variety (See REO, Page 4) THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 12, 1989 Kinoy Brings Constitutional Law to Life On March 9th, civil rights activist Arthur Kinoy gave an emotional and inspirational talk on being a "people's lawyer fighting constitutional struggles." The speech, sponsored by several law students' groups, dealt both with "what our responsibilities are as legal folk," and what Kinoy termed "the current constitutional crisis." Mr. Kinoy's lecture, which wove together strands of legal history, personal experiences and current events, was part education, part consciousness raising, and definitely a call to arms. By Alexei Schacht News Editor Kinoy discussed how"three things happened in the development of the present term of the Supreme Court" that, when looked at in proper historical context, showed the existence of an "overall conspiracy" in the "power structure" to weaken Americans' civil rights. The "City of Richmond" case, which came down last term, held a "minority set aside" program to be unconstitutional. Also last term, the Court ordered reargument, even though neither party to the action requested it, in Patterson v. MaClean Credit Union. Kinoy is fearful that the Court, in Patterson, may overrule, or weaken, the Runyon v. McCrary doctrine which allows that "private people are bound by the constitution" and may be sued, under 42 U.S.C. section 1981, for "private" acts of discrimination. Section 1981, and the other so-called "Radical Reconstruction" statutes, were temporarily abandoned after the Hayes- Tilden Compromise, or, as Kinoy called it, the "Betrayal of 1877." Kinoy contended that Patterson and the "Richmond" case amountto a "conscious plan to create a new 1877." In this regard, he recommended that everyone read the "most powerful and important opinions in American constitutional law" —the first Justice Harlan's dissents in Plessy v. Ferguson and "The 1883 Civil Rights Cases." The third portentous recent development cited by Kinoy was the Solictor General's filing of briefs seeking an overruling of Roe v. Wade. Kinoy then asked, "where did this conscious plan to weaken, if not deny, if not abandon" civil rights come from? His answer, though somewhat cryptic, seemed to be that there has been a loose conspi- Judge Curtin Receives Jaeckle Award U.S. District Judge John T. Curtin, a UB law alumnus, has received the 1989 Edwin F. Jaeckle Award. It is the highest honor given by the Faculty of Law and Jurisprudence. The Award was presented by UB President Steven B. Sample at a luncheon during the 13th Annual Alumni Convention. by Bruce Brown Staff Writer An alumnus of Canisius College and a 1949 graduate of UB Law School, Judge Curtin recently stepped aside after a fourteen year tenure as chief judge for the Western District of New York. Although he no longer manages the court's administrative tasks, the Judge is quite active and he continues to handle a full caseload. Judge Curtin is well known for having shaped civil rights in Buffalo. His patient and sensitive handling of Buffalo's school desegregation case led to the establishment of the nationally renowned magnet school program and his decisions regarding affirmative action in the hiring of blacks, Hispanics, and women with the Buffalo police and fire departments have resulted in a radical change in city hiring practices. During his acceptance speech, the Judge praised the University and recommended that law students read the decisions of Justice Cardozo. He noted that the Supreme Court's venerable Justice Brennan was influenced by Cardozo, whom he feels "awakened America to the human qualities of the judicial process." He noted that during Cardozo's time a Judge was thought to be no more than a pharmacist mechanically dispensing remedies. Brennan, he said, believes that the human experience is an essential element in any determination of such fundamental concepts as due process, equal protection and reasonable doubt. The Judge concludedthat the Constitution demands a full measure of all our human capacities and that efficiency concerns, though valid, can lead people to push for a mechanical process. The right to a trial by jury, he said, is equally important and "we must insist that the human equation is not omitted." Dean David Filvaroff said that the Law School and its alumni are honored by Judge Curtin's acceptance of the Jaeckle Award. The Judge, he said, holds the widest possible respect not only within theLaw School, but within the legal community as well. The annual award is named for UB Law School Alumnus Edwin F. Jaeckle, class of 1915. It is given annually to an individual who has distinguished himself or herself and has made significant contributions to the Law School and the legal profession. (See JAECKLE AWARD, Page 7) racy at the highest levels of American government to prevent a "unity in the community" that will threaten the conspirators' lock on power. Kinoy arrived at this conclusion by going through a fascinating discussion of: his experience representing members of the "Chicago 7," the Iran/Contra affair, and some of the relationships between the two historical incidents. Kinoy claimed that the so-called "Mitchell affidavit" of the Nixon era has been a precedent for the Reagan/Bush forces in their attempts to weaken Americans' constitutional rights. Kinoy had to fight the "Mitchell affidavit," which said that the President had the inherent power to suspend the 4th Amendment and to order warrantless wiretaps, in his defense of the "Chicago 7." Kinoy cited a surprisingly underreported Federal Emergency Management Organization, or "FEMOR," planasshocking evidence of the government's attempts at rolling back civil rights. The FEMOR is a government organization that's purpose is to stabilize the country in case of a "national emergency." Kinoy told the story of how the Miami Herald reported that Oliver North, while working (See KINOY, Page 5) HIGHLIGHTS Statements from the rest of the pgs. 4, 5 SBA officer candidates Environmentalist Barry Commoner spoke before 500 people in March .. pg. 5 Barbara Hoffman talks on public art and free speech in the last installment of the "Art and . pg. 9 the Law" lecture series �This Summer, the PIEPER BAR REVIEW will be conducting a tape course in the following NEW locations: CANARSIE, BROOKLYN CENTRAL PARK WEST (at 64th Street) STONYBROOK, SUFFOLK COUNTY Seating is limited. If you desire to sit at any of these locations, contact the PIEPER office at your earliest opportunity. Other PIEPER Tape locations: NEW YORK CITY-Downtown, NASSAU, WESTCHESTER, ALBANY, BOSTON, BUFFALO, NEWARK, PHILADELPHIA, SUFFOLK-HUNTINGTON, WASHINGTON, D.C, SYRACUSE, QUEENS, BRIDGEPORT PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, NEW YORK 11501 (516) 747-4311 2 The Opinion April 12, 1989 �Copyright Law Supreme Court During the last week in March the U.S. Supreme Court heard arguments in an important copyright case. Community for Creative Non-Violence v. Reid, (CCNV V. Reid), 846 F 2d. 1485 (D.C. Cir. 1988) hopefully will resolve a conflict among the Circuits regarding the "work made for hire" doctrine as found in the Copyright Act of 1976 (1976 Act), 17 U.S.C.A. §101(2). "Work For Hire" In The Statutes Prior to the 1976 act there was no statutory definition of "work for hire." The Copyright Act of 1909 (1909 Act) made ToDecide Important "Work for Hire"Issues the employer the author and the owner of a copyright for a "work made for hire" but no definition of work for hire was given. By Donna Crumlish Managing Editor Consequently the definition was found in case law and the broad doctrine of "you pay for it, you own it" was eventually developed. There were many problems with the applications of this doctrine because Local Attorneys Square Off With Police On Brutality On Tuesday, March 14, the National Lawyers Guild presented a panel discussion on police brutality in Buffalo. The Panel consisted of Lieutenant Richard Nigro, Director of the Internal Affairs Department, BPD, Lieutenant Margaret Malkiewicz, BPD, Cress ONeill, Esq., local NYCLU lawyer, Robert Drewer, Esq., local attorney, and David Jay, Esq., local attorney. LeeAnn Lahren moderated the discussion which took place in O'Brian 109. by Jim Monroe Staff Writer The initial argument revolved around the nature ofany problem that might exist in Buffalo. Lt. Malkiewitz and Lt. Nigro explained that they had not actually witnessed any incidents of police brutality in Buffalo, but conceded that a few cases may have occurred. Lt. Malkiewicz clarified that point by stating that she had never witnessed, "anyone brutalized for no reason" and that, "people don't usually see the surrounding circumstances." When Lt. Malkiewicz was asked what surrounding circumstances would justify a beating shestated that, "when an officer asks you to put your hands behind your head that is no time to ask for her badge number. I'm (an officer) going to expect full cooperation and anything else is resisting arrest. Your time to question the actions of a police officer come in court not in the streets. We can't be accountable for every action taken by every officer to subdue a person being arrested." Both Jay and Drewer, local attorneys working on some of the alleged incidents of brutality, stated that there is never a good time to ask an officer for her badge number. Their advice was to keep your (an arrestee or potential arrestee) mouth shut and do whatever the officer tells you. All the members of the panel had differing views on what constituted brutality. Drewer said that, "every dehumanizing event is an outrage against society." Jay agreed and said that even charging someone with resisting arrest or any other crime that they didn't commit was police brutality. Lt. Nigro, the Internal Affairs chief, said, "you'd better be hospitalized or it won't be considered brutality by our department." Lt. Nigro went further and said that there was no judge in the city who would convict a cop for a beating during an arrest and that there is now a bigger problem in Buffalo than police brutaiity. "We cocaine, got policemen selling drugs that's our big problem now!" Jay said, "Isn't it funny they see cops selling drugs, but no one ever sees a beating." Lt. Nigro finally admitted that there are some Buffalo Police Department statistics that indicate a rise in police brutality cases and that there may be a serious problem with a small group of officers. Attorneys Drewer and Cress O'Neill pressed Nigro for details and said that their offices had been trying to get this information for months. In 1988 therewere 58 verbal abuse complaints to the police department and 51 physical abuse complaints. Of the verbal abuse complaints, six were convicted of resisting arrest and 34 failed to pursue — — the complaint further. Of the physical abuse complaints, 45 were unfounded by Internal Affairs standards and six were inconclusive by Internal Affairs standards. No details were given on the remaining verbal abuse complaints. Lt. Nigro said that the big problem with the Internal Affairs department was ineffectives; the city gives them very little manpower and very little money. They must prioritize and they have an antiquated records system. Heconcluded that the Buffalo Police Department really doesn't want an efficient Internal Affairs department and that, because he takes heat from the public and the police, "I'm (Lt. Nigro) nobody's sweetheart." NYCLU attorney Cress O'Neill and Martin Coleman (a law student in the audience), suggested that Buffalo engage a civilian review board modeled after the one in Berkley California to investigate brutality and make recommendations. Jay balked at this idea and said that any citizens review board would automatically become a political football. Mr. Jay, who is presently involved in litigation concerning these cases said that the problem exists because only a few lawyers in town will touch these cases. Most brutality happens to people who are vulnerable by being indigent. The overwhelming majority of attorneys here won't take a case without a retainer. "Additionally, many of those charged cannot afford a criminal record and will accept the Adjudication in Contemplation of Dismissal (ACD) when it is offered to them. The ACD deal offers an instant release in exchangefor a contractual obligation not to sue the city for the arrest and subsequent incarceration," Jay said. Attorney Jay also stated that the present system is no good. "The city administration is doing nothing to abate this problem and the Police Department cannot have one unit investigate another without conflicts of interest." Robert Drewer and Cress O'Neill pointed out that the Internal Affairs complaint system is heavily weighted against complaintants. First the Department will not let a brutalized individual make a complaint without an attorney. Cress stated that supposedly this was to insure against self-incrimination, but that the effect was to eliminate many solid cases before they ever got started. Drewer stated that the next problem arises because, "we have no way of finding out what the dispositions of the cases taken by the Internal Affairs department are because the hearings are secret and no records are kept." Mr. Drewer and Ms. O'Neill reiterated that the numbers of cases that their offices are getting are increasing and that the severity of the brutality is ever worsening. Many members of the audience attempted to tell tales of personal experiences at this point and LeeAnn had to call for order. Nearthe end of thediscussion the audience began to ask pointed questions to Lts. Nigro and Malkiewicz concerning the actions taken by certain officers in the past. Lt. Nigro stated that, "although isolated incidents do occur, maybe the problem doesn't exist as the community perceives it to exist." . many parties who had commissioned work from independent contractors were automatically termed employers by the Courts and as such were authors of the copyright under the 1909 Act. ". it mattered little, if at all, that thecommissioner neither possessed nor exercised the right to direct the manner in which the work was done." Brunswich Beacon, Inc. v. Shcock-Hopchas Publishing Co., 810 F.2d 410,412 (4th Cir. 1987). The 1976Act made a definite distinction between "works made for hire" in an employment context and "works made for hire" which had been commissioned from independent contractors. The "work for hire" provisions of the 1976 Act define a "work made for hire" as "a work prepared by an employee within the scope of his or her employment or a work specially ordered or commissioned" within nine categories "if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire." Judicial Interpretation Although these provisions seem simple there have been conflicting interpretations. The Fifth Circuit adopted what is termed a literal interpretation in Easter Seals Society v. Playboy Enterprises, 815 F.2d 323 (sth Cir. 1987). The literal interpretation holds that a work is made for hire under the first part of the definition only if created by aformal employee or employee under agency principles. Under the second part of the definition, work made by an independent contractor is made for hire only if it falls into one of the nine specific categories set forth and it is agreed to in writing. (Goldberg et. al, "Judicial Developments in Literary and Artistic Property" Journal of the Copyright Society of the USA, July 1988) A lesser used interpretation of the "work for hire" doctrine is the conservative interpretation. Under the conservative interpretation, if the work was undertaken at the expense of the buyer and the buyer has a right to control the work then the buyer is the employer within the meaning of the first part of 101 of the 1976 Act, regardless of the seller's status as employee or independent contractors. The nine categories in the second part of the definition only serve as exceptions to the old case law. (Laurence H. Recce 111, "The Work for Hire Doctrine: A Trap for the Unwary Company," The National Law Journal, April 3, 1989, p. 40) The third interpretation is known as the "sufficiently supervised and directed interpretation or the Aldon Accessories compromise." The Court of Appeals in Aldon Accessories Ltd. v. Spiegel, Inc., 738 F.2d. 548 (2nd Cir. 1984), came to the conclusion that if there is requisite supervision and control, the commissioning party is the sole owner of the copyright. CCNV v. Reid The Court of Appeals in CommunityFor Creative Non-Violence v. Reid, adopted the Fifth Circuit's literal interpretation of the "work for hire" doctrine. Thefacts of the case are as follows. The A 0/\y Community For Creative Non-Violence is a Washington D.C. based group which works for rights and recognition of the homeless. In 1985, the group conceived of an idea for a sculpture to be displayed in the annual Christmas Pageant of Peace, in D.C. CCNV contracted Baltimore sculptor James Earl Reid to create part of the sculpture and agreed to pay him $15,000 for material; Reid agreed to donate his services. The scene that CCNV asked Reid to depict was that of, what it termed, a modern nativity scene. The sculpture would be of a homeless family of three leaning over a steam grate, with all of their belongings in a shopping cart. Reid was responsible for casting the family and the shopping cart and CCNV was to take care of the steam grate. Reid completed the sculpture as promised and it was displayed in the pageant. After the pageant, CCNV returned the sculpture to Reid so that he could repair some damage that had occurred on its first transitfrom Baltimore to Washington D.C. CCNV then decided that it wanted to take the sculpture on tour. Reid refused to return the sculpture because he felt the material it was made of could not withstand all the travel required on the tour. In March 1986 CCNV asked Reid to return the sculpture but he refused and he thereafter filed a certificate of copyright registration forthe sculpture in his name. CCNV filed a competing certificate of copyright registration in May and in June commenced litgation. The District Court ordered Reid to return the sculpture and declare that the sculpture was a "work made for hire." The Court of Appeals reversed reasoning that Reid was an independent contractor and not an employee. Hence, his sculpture could not be a "work for hire" since it did not fit into one of the nine categories and the parties had not agreed that it was a "work for hire" in writing beforehand. It should be noted that the actual ownership of the sculpture is not in controversy, only the copyright in the sculpture. CCNV is the owner of the sculpture since they paid Reid the agreed price of $15,000. Effect of The Supreme Court Decision This case has attracted attention from all sectors. Time-Life and IBM are paying forthe appeal for CCNV and over 40 artists groups and individuals are paying forthe appeal on Reid's side. The Supreme Court's decision will have the most noted impact on independent contractors. If the Court adopts the literal interpretation, parties who commission works will have to be careful to address copyright issues in their agreements with contractors. This will have a large effect in the area of computer software. Many large companies hire programmers on a project basis and under the literal interpretation they would give up the copyright in the program that is designed to the programmer, unless specified in writing, because computer programs are not in one of the nine categories of §101. PLEDGE DRIVE APRIL 17 -21 7P\ \&iWfc I )\ PLEASE GIVE!!! Sponsored by BPILP April 12,1989 The Opinion 3 �SBA Election Bickel Cont. from page I quired knowledge and leadership to carry the project to completion. 3. Student-Faculty Joint Commission on Exploring Creative Ways of Expanding — UB Law's Public Service Commitment. this commission is urgently necessary given the recent application process for the faculty sponsored Public Service Internship Program. Approximately 50 applications were received for 6 or 7 positions! An obvious need exists for expansion of public service opportunities for our student body. The joint commission would try to combine the knowledge and experience of the UB Law faculty in such areas as fund-raising with the committed and progressive energies of the UB Law student body. The result, hopefully, will be a rejuvenated, school-wide commitment toward this very worthwhile effort. 4. Student-Faculty Joint Commission on the Future of UB Law School UB Law has a national reputation for being "unique" and "special." However, a definition of these concepts is certainly wanting. The Joint Commission will fundamentally address the questions of: a). What is itabout UB Law that gives it its "unique" and "special" national characterization? b). How can the Law School use the positive attributes of this characterization to enhance thenational reputation of our Law School? A more nationally respected law school, which is the ultimate end of this endeavor, impacts each and every student in fundamental ways. It not only gives the school an identity that students can be proud of, but it also helps immensely in the recruiting game as well. In deciding whether to vote for me, please consider that: I feel — 1. I have experience. I have served as a student senator at SUNY-Cortland and as a graduate student senator at SUNYBinghamton. While at Cortland, I was recipient of the highest public service-based award which the Cortland College Student Association (CCSA) bestows. Also, I hold a Masters Degree in Public Administration from SUNY-Binghamton, a degree which I feel is directly applicable to the position I am running for. 2. I will not insultyour intelligence with cutesy, meaningless campaign tactics. Khoury Cont. from page I providing a medium for the exchange of ideas, so that debates and exchanges of information replace fanaticism and misconception. Being a diverse individual, Ivan knows that variety and contrast are what make well rounded individuals. Thus, there should be more student input on all the functions and policies brought forth by the SBA. This is of primary importance because the legitimacy, validity, and effectiveness of the SBA is only accomplished to the extent that it encompasses the views of the entire student body. Once elected Ivan will utilize his efforts and your input to ensure that the interests of all students are represented. Ivan is a candidate concerned about the pressing problems of the law school; he is not one to make excuses or rationalizations for the shortcomings of Student Bar Association policy. Ivan will be an active President; he sees the need for the establishment of two grievance committees. One committee would deal with grievances dealing with Student Bar Association policy and the other with faculty/administration policy. There is also the need to expand the support services for students, e.g., expanding the role of the peer advisement program. Furthermore, clubs should be given incentives to co-sponsor events and organize events that will allot recognition to the law school. Similar to the new administration, our student body has had to deal with many different situations that have not always been satisfactorily resolved. However, there are situations that can be easily remedied. One situation is the lack of notice acccorded to students desirous to interview for committees, and Student Bar Association appointed positions. Others include the need to stimulate greater student body involvement in Student Bar Association policy, and greater interaction with other representative bodies of the university community. Ivan is the obvious choicefor president; he is your current president in charge of vice, and has working experience with student representatives and faculty. Ivan does not claim to have all the answers, but he is committed to making the Student Bar Association the advocacy voice it can be. Ivan is cognizant of the demands of the job and looks forward to the new responsibilities the job entails. Reo Cont. from page 1 as representing you of capacities. As well as a Class Director for two years, I have been a member of the Special Needs and Social Committees and have acted as the SBA Parliamentarian. I am a member of the Buffalo Environmental Law Society and am on the Editorial Board of In The Public Interest. I have also represented the interests of the Law School at national conferences as the American Bar Association Representative. These experiences have provided me with insight and knowledge with regards to the directionI believe the SBA should move towards in the future. t^^ One of the foremost duties of the SBA President is to ensure that our educational needs are met. Over the past two years, I have consistently supported and assisted in efforts aimed at ending all forms of discrimination within the Law School as well as those that ensure equal accessibility. As your President, I will continue to act towards promoting equality and justice within the Law School. The SBA must also work in a number of other areas of student concern. First, there must exist sufficient room to study for finals in the law library. Second, we must have our own financial aid office which is adequately funded and personned. Third, the unwritten policy allowing Professors to submit grades months after exams are over must end. Finally, we must continue efforts to attain a real student lounge. These are only some of the many battles that the SBA must fight for in the coming year. The social milieu of the school must also be expanded upon. The SBA must bring students together outside the classroom, and in touch with the local community, faculty and alumni. Strengthened relations with these groups can only serve our best interests. I would promote a variety of events to be held in conjunction with the various student groups. Parties, a brown bag lunch series, debates, and speakers are all avenues in which the SBA has the resources to organize student and community support. Over the course of the past two years, have diligently worked to promote the I interests of the students at this school. If elected, I will continue to listen to and advocate your view, and will fight for our needs as students. I am willing to devote my energies towards promoting a Law School that is both intellectually and socially active. VicePresidential Candidates We must actively seek additional funding to become a visible force in the com- Jim Monroe Judith Phillips Hello, my name is Judith J. Phillips and I'm running for SBA Vice President. I'm a second year student, who like most of you, struggled through first year. As Vice President, I would like to make a positive contribution to the quality of life for all law students. First, the composition of the student body is changing and our responses to student needs must also change. We are in desperate need of an area designated for recuperation while on campus; an area that may also serve as a stimulus for intellectual discourse in other words, the student lounge that we've been promised. — We must also meet the needs of students with young children by providing options with respect to child care. . Second, we are in desperate need of a somefull time financial aid advisor. one whose duties include advising students of other sources of funds aside from loans. A full time advisor can help alleviate some of the financial stress for students whose only source of income is financial aid. Third, we can hope to achieve more cohesive student activities such as cosponsorship of events and activities that would bring recognition to the law school and enhance our education. 4 The Opinion April 12, 1989 The SBA is thevoice of the studentbody and must work to provide for the immediate needs and the long-term goals of law school students. Any improvements that will be made will only be done through persistent effort and commitment. In the past eight months I have demonstrated my ability to organize, communicate, build coalitions and change policy at the same time keeping up with the curriculum. I plan to continue to work hard on many issues as SBA vice-president and to implement policy deliberately and evenhandedly. I realize that there are many views other than my own and that these views are a significant contribution to the vitality of this school. I have been working with established groups toward goals that represent the will of a large cross section of the student body. Many of these goals have been expressed by the first year students regarding alternative ways to facilitate Research and Writing, getting a laser printer for the sth floor A.V., getting a real student lounge instead of the two dark, little alcoves on the first and fourth floors, and re-evaluating the grading system. I personally see many other projects and problems that need attention as well. It has been my observation that the law school has to beg for resources and funds from Capen. I see disparities between the significance of the law school and the resources allocated the University. munity, the University as a whole and in the SUNY system. I plan to represent us on all these levels. The law school can broaden its influence and provide a better legal curriculum by providing more clinical trr.ining. Additionally, we can get the law school a seat on the Faculty Student Association which makes all the decisions on how to spend food service and food service related funds. This is a multi-million dollar operation and has five student seats. I have recently worked with Walter Simpson, the Director of the UB Energy Program, to eliminate excess plastics and styrofoam from the FSA waste stream. I have attended every single FSA subcommittee meeting and general meeting on these issues and feel that a permanent Law School representative has a lot to offer. I have developed a working relationship with undergraduate student government and leaders working with the Black Student Union and the Coalition Against Bias Related Violence on South Africa Day. In a related campaign, we formed a University-wide coalition to deal with the non-existent discrimination policy in regard to campus recruiting. Additionally, I have developed contacts with members of the Pinnacle party which won the recent Student Senate elections. Within the law school itself, I am responsible forthe recycling bins in the mail room, the Faculty Lounge and in the fifth floor A.V. I've supported the Association of Women Law Students on the March on Washington and participated in the Prochoice escort service. I helped bring Barry Commoner here and am working on bringing an environmental law clinic to ÜB. I also support the International Law Society's project to fund a journal. I've interviewed and evaluated every faculty candidate offered us this year. I'm on the Academic Standards Committee with Lee Albert and Isabel Marcus. I reg- ularly attend SBA meetings and have learned how Greg Vinal (the SBA treasurer) and the Sub-Board treasury system work. I am a candidate of leadership, and hard work, not a candidate of unenlightened self interest. I will bring an even-handed policy approach to the SBA and will take this position seriously. Most importantly, I will be accessible, not just to a small circle of friends, but to every law school student. I will listen. Nidhi Kapoor Take a moment to vote for the Student Bar Association Executive Board today and tomorrow in front of the library. While you are at the ballots consider Nidhi Kapoor for Vice President. As a present Student Bar Association director I have the requisite knowledge and experience to fulfill the goals of the Association. The Student Bar Association has accomplished an ample amount this semester such as the reacquisition of the student lounge, a second part time financial aid officer, and additional safety measures being installed in the basement. I will be able to draw from these experiences thereby increasing my effectiveness as a member of the Executive Board. Additionally, my previous experience will facilitate in running efficient and substantive meetings, complying with procedures and assisting the students. (See KAPOOR, Page 5) �Vice Presidential Candidates (continued) Kapoor Cont. from page 4 As a director I have also become aware of certain flaws in the Body itself that must be remedied. There seems to be a communication gap between the SBA and what the students want. The only remedy for this is for students to come to some meetings and take it upon themselves to convey their dissatisfactions. In turn we would know that a problem exists and needs to be addressed. Additionally many people seem to be uninformed of what actually goes on every meeting. To remedy this I would write a periodic article in The Opinion to update the students. The key is that if we want things done for the Law School as a whole we all need to get involved. The first step to involvement is for you to get out there and vote. Thanks. SBA Election law students. Occupying the position of secretary requires commitment, integrity and dependability I possess all three. As secretary of SBA, I pledge to: Increase students' awareness of upcoming activities. Coordinate social events that are accessible to all students. I urge all students to come out and vote for a dependable and committed secre- — • • tary. But, most importantly, I want to be your next Secretary of the SBA because □ I wanttobethegreatcommunicator between the law students and the SBA □ I wantyoutotell meyour problems orsuggestions (or praise!) of the law school, and I want to be able to convey them to the SBA □ I want to keep you informed of the most recent SBA developments and activities that they have planned for you |7] All of the above. Remember to vote: OWENDY URTEL for Secretary of the SBA! Treasurer Candidates! Wendy Urtel Secr Candideattaesry I want to be your next: □ Secretary of Defense □ Secretary of Interior Valda Ricks Becoming secretary of the Student Bar Association would further facilitate my commitment in serving the needs of all 0 Secretary of theStudent Bar Assn. am presently a qualified: I □ first year student and kind of cute 0 second year student and not bad 0 third year student and really hot. I am qualified to be your next Secretary of the SBA because 0 I have 19 years experience as an avid notetaker 0 I am an organizer, motivator, and very dependable 0 I have my own typewriter with correction key 0 All of the above. Taunya Hannibal Fellow law students, my name is Taunya Hannibal. I am running for SBA Treasurer. During my undergraduate education, I participated in several clubs. My freshman year I was elected trafficking officer for the campus radio station. I kept records of advertisements and rotated them daily. Sophomoreyear, my position in the station elevated to public service director. School and community organizations forwarded information on events and I put them into advertisement form. Also in that year, I helped coordinate school activities forthe Campus Programming Board. As a junior, I was elected treasurer for The LeVoyageurs, an outdoor club. I planned fund raisers. I kept receipts, deposited money and balanced the account. During the same semester, I was also elected secretary for the Zoological Society. My job entailed taking notes and keeping minutes. I booked activities on our calendar. As the student representative from the Zoological Society, I attended finance meeting frequently and learned how to prepare effective budget requests. The technique that proved successful in attaining a financial goal was to first aim high and then, compromise with the committee. My final year, I was elected as program director of the radio station. The position was equivalent to being a vice-president I created the music format, created a D.J. schedule and addressed questions at our weekly meetings. The LeVoyageur club again selected me as their treasurer. In law school, I am involved with editing the In The Public Interest law journal. I am a member of the National Lawyer's Guild, and currently hold the corresponding secretary position for the Entertainment Law Society. I was also selected for this year's student finance committee. I believe that an open-minded and honest attitude are attributes one needs if seeking the office of treasurer. I feel that my experiences quality me to become the SBA Treasurer. I ask you to vote for me. Thank you. Dr. Commoner Assails Federal Regulatory Agencies The solution to the problem of toxic waste pollution is simple: don't put toxins into the environment. This was the thrust of a speech given by noted environmentalist Dr. Barry Commoner.. Dr. Commoner delivered a lecture entitled "The State of the Environment" before approximately 500 people on March 13, in Knox Lecture Hall. Dr. Commoner was brought to the UB campus by a coalition of 22 school and community groups, including the Buffalo Environmental Law Society, the UB Recyclers, and the National Lawyers Guild. by Michael D. Gurwitz Staff Writer According to Dr. Commoner, 1988 marked a notable increase in the public's awareness of environmental problems. Medical waste washing up on beaches and global concern over the Greenhouse Effect are some of the most salient features of the sad state of the environment. Indeed, even President George Herbert Walker Bush is, in Dr. Commoner's words, a "reborn environmentalist." Such concern ought to be encouraging, but Dr. Commoner reminded the audience that the government embarked on a national clean-up program 20 years ago and has spent $10 billion since then, with pathetic results, for, as Dr. Commoner said: "Despite all of these efforts, we haven't made a dent in the environment if the waste washes up on the beach." Air Pollution Consider the 1970 Clean Air Act. It mandated a 90% reduction in pollution levels by 1977. If local governments did not meet that goal, they would lose federal funding. As of 1989, the average reduction of air-borne pollutants is only 14%, with one significant exception: lead. Lead levels are down by 90%, a direct result of federal regulations removing it from gasoline and other sources. As Dr. Commoner observed, the solution is simple: keep the pollutant out of the environment, and it won't be there. The same results can be found with water and land pollutants. A recent U.S. Geological survey of 350 water sites found that the pollution in 90% had either remained the same or increased since Risk Management go a variety of factors: 1975, but again, with a notable exception: the cost of regulating substance/product phosphate, which was the object of government regulations. Since the use of X, the cost of not regulating X (number DDT was prohibited, there has been an of deaths), and the potential earning power of the people whose lives are at 80% reduction in DDT pollution. These acThus, it is more cost-effective to stake. complishments prove that it is not scubthe lives of the rich (white males) protect converters, or other pollubers, catalytic than it is to protect the lives of the poor tion control measures that work, but pre(black females). vention. In line with such thinking, Dr. ComDr. Commoner condemned the use of moner suggested the following: tobacco standards, that stanpollution claiming is an $8.5 billion industry. The estimated dards guarantee that pollutant levels will cost of illness and death from smoking is never go lower, as polluters do not volun$100,000 per victim. Therefore, why not Standards, their standards. he tarily lower pay the tobacco industry $8.5 billion not said, justify polluting, as long as the levels are low enough. Dr. Commoner likened to produce tobacco. This would amount to $85,000 per life saved, or a $15,000 thisattitudeto "A return to medieval mensurplus per person a bargain! rewhen illness and death were tality, Private industry also came under fire garded as the price you pay for being alive." People, he said, see pollution this from Dr. Commoner. He claimed that when deciding whether to produce a new simply way, as in the Bhopal tragedy product, corporations take into account the price we pay for pesticides. only one criterion: profit. But these pri"Environmental pollution is an incuravate decisions have public effects, and, control doesn't work, preble disease contrary to popular belief, consumers do vention does," said Dr. Commoner. Using not have control over what is produced. smallpox as an example, he suggested Dr. Commoner spoke of the auto industry approaching pollution from a public as an example. case of health perspective. In the Prior to World War 11, cars did not prosmallpox, the goal was not to set a duce smog. After the war, Detroit prominimum standard, but total elimination. duced bigger cars, which required bigger, As a result, smallpox has been annihilated hotter engines. It was, and still is, these (with the exception of several specimens engines which cause oxygen and nitroreserved by the United States and Soviet Union bio-warfare labs, butthat's another gen to combine into nitrous oxide. When nitrous oxide is exposed to sunlight, it story). Most toxic dumpsites are located in becomes smog. Americans, said Dr. Compoor communities. There are a variety of moner, did not desire larger cars, but since it was more profitable to build and reasons for this, the most obvious being sell larger cars, that is what Detroit prothe greater political clout of the wealthy, and higher real estate prices. One just duced. In a related aside, Dr. Commoner said does not find a dumpsite in Beverly Hills that trucks use four times the amount of according to ComDr. or Scarsdale. But fuel to transport things than do trains, yet moner, there is another, insidious reason that the poor face greater pollution than the country switched from trains to trucks. Why? Ask the oil industry. the rich. It is a new academic discipline Turning to energy, Dr. Commoner called "Risk Management," and it evaluated both petrochemical and nuevaluates the benefits of pollution, and clear energy. Currently the petrochemical the risks to human lives, in dollars. industry is very economically productive, back Risk Management can be traced yet very environmentally destructive, as to an executive order issued by ex-Presievidenced by smog, the greenhouse efdent Reagan to the Office of Management fect, acid rain, ozone depletion, pesticide and Budget (OMB). In it, Reagan asked contamination, and other rewards of OMB to monitor standards pollutions the progress. Dr. Commoner suggested that set by the EPA in order to make them cost if the petrochemical companies had to effective in other words, get the most pay the bill for the tremendous costs of of lives saved per buck. Into the stewpot — .. — — their pollution, it would no longer be such a profitable industry. Ironically, the nuclear power industry is paying for the costs of its pollution, and suffering economically as a result. The costs of ever-increasing controls, dumpsites, cleanups, and more controls, have made nuclear power both a financial and environmental nightmare. Dr. Commoner offered solutions to many environmental problems. Aside from his basic axiom, prevention, not control, he spoke of ways that government and industry could combine efforts to the benefit of all. His case in point: in 1974, Ford invented a smogless engine. It was (See COMMONER, Page 11) Kinoy Conf. from pg. 7 for FEMOR in 1984, wrotea memorandum to President Reagan suggesting among otherthingsthat, in case substantial numbers of Americans object to an American invasion of another country, the President "shall suspend the Constitution and institute military government." That few Americans are aware of this incredible organization, and some of its plans, is cited by Kinoy as evidence of the power structure's ability to close ranks and prevent "the people" from finding out what its government is up to. Even when Representative Jack Brooks of Texas, a member of the House-Senate Iran/Contra Committee, tried to raise the FEMOR issue the Committee silenced him. Finally, in his moving call to arms, Professor Kinoy invoked the words of several eminently quotable Americans. In warning the audience to fight the "conspiracy" that he sees, Kinoy quoted ex-Louisiana Governor Huey Long as saying, "when Fascism comes to America it will come wrapped in the American flag." At the end of an exciting speech, which the printed word can not possibly do justice to, Professor Kinoy invoked Oliver Wendel Holmes who said, "those of you who aspire to greatness in the profession must immerse yourselves in the agonies of the times." Then, Kinoy himself, true to his youthful 69 years of age, concluded by saying, "if we meet the challenge, you will also find that it is a hell of a lot offun." April 12,1989 The Opinion 5 �opinion ifir STATE lINIVHRSITY OF NKW YORK AT BUFFALO SCHOOL OF LAW Volume 29, No. 13 April 12, 1989 Editor-in-Chief: Daniel Ibarrondo Cruz Managing Editor: Features Editor: Business Manager: News Editor: Layout Editor: Photography Editor: Donna Crumlish AndrewCulbertson Maria Rivera Alexei Schacht Damon Scrota JeffMarkello Editorial Part of the reason why UB is unique is that its students donate substantial amounts of time to increasing the quality of life, both around the Law school and in the community. All of the student leaders and student organizations are to be commended on their significant accomplishments in developing programs to meet the needs of students, and the legal profession. However, there are critical student leadership positions in the Law School, which are occupied by students who devote an inordinate amount of time to increasing the quality of student life. These student leaders receive only a pat on the back (if the job is well done), or suffer criticism from students (if someone is dissatisfied). That's just part ofthe job. But the point is, that student leaders who are active do not receive ANY compensation for their endless hours of planning, organizing, and implementing activities. In fact, more often than not, student leaders in these positions are forced to bear the costs of their activism by forgoing jobs, rearranging their personal and professional lives, and even expending sums of money to cover expenses they would not have incurred had they remained apathetic. During the budget hearings on April 25, the SBA will consider whether or not certain critical student leadership positions should be stipended from the mandatory student fee monies. To that end, SBA will be sponsoring an opinion poll during the Executive elections to ascertain how you, the student body, feel about stipending certain positions. Other student organizations at UB stipend their student leaders and some "not insubstantially." To give you an idea of the extent to which other organizations have implemented stipends, consider the following. Graduate Student Association Pres., Vice-Pres., Treas., Secy. — $30007year for each office. (total $12,000) + full-time paid Secretary Student Association Pres., Vice-Pres., Treas. — $2000/year for each office Asst. Treas. — $1800/year Misc. Student stipends — ranging from $300-$llOO/year (total $12,000) Graduate Student Association Pres., Vice-Pres., Treas., Secy. — $3000/year for each office. (total $15,200) + 3 full-time Secretaries Millard Fillmore College Student Association Misc. Student stipends — ranging from $500-$BOOO/year. (total $24,000) As you can see, other student organizations believe that in order to receive quality leadership, there is some financial incentive involved. Admittedly, these student organizations have a much larger student body to serve, and have much larger student budgets. However, the fact remains that there is a penalty in becoming involved as a student leader when you compare the law school to our graduate counterparts. Staff: Ted Baecher, Bruce Brown, Lenny Cooper, Dennis Fordham Michael D. Gurwitz, Eric Katz, Jennifer Latham, Jim Monroe, Alice Patterson Contributors: Karen Comstock, Kimi King Copyright 1989. The Opinion, SBA. Any reproduction of mnlerials heroin is strictly prohibited without the express consent of the Editors. The Opinion is published evety two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entered at Buffalo. NY Editorial policy of 7/ie Opinion is determined collectively by the Editorial Board. The Opinion is funded hy SBA Irom Student Law Fees. 6 The Opinion April 12, 1989 The Opinion Mailbox: More on The Faculty Statement Gentlemen, I am responding to an article in the Opinion captioned "Students Claim that Faculty Statement Chills Conservative Speech" and dated March 15, 1989. The article alludes to a going backto a mentality two hundred years old, which is unacceptable to present day society. We have made such remarkable progress since then, and this law school should not be made the victim of retardation of that progress. Not even in the name and spirit of the constitutional privilege of free speech should such retrogression be allowed to occur. To the Editor of Opinion, I would like to comment on the letter by Messrs Wiencek and Majchrzak in the 15 March issue of Opinion, in which the students discussed the Law School's "dirty little secret" (the 2 Oct. 87 faculty resolution). I hope that it will give them some comfort to know that others have been attempting to get the Law School to take action on this resolution, though to this point, without success. My own efforts began 13 months ago and I have since that time spoken with or written to a number of Law School faculty and administrators. My own frustration boiled ove~r last month when I was told by Dean Albert, who had been appointed to head the committee investigating this resolution, that he had lost interest in it, that nothing would be done about it in the forseeable future, that he had many more important things to do, and that the entire matter had been put "on the back burner." Subsequently, I received a letter from Dean Filvaroff, which stated, in part: Though the matter has continued much longer than any of us would like, our committee is working on possible revisions to the statement; I cannot, at this juncture, give you specific time projections, but you should know that we share your view that the work go forward and be completed as soon as possible. It is, as you indicated, a matter of significance My long experience with the Law School in this matter leads me to regard the statement as an assurance that by the end of the century surely something will be done, and then only if the prodding is continuous. I can only urge law students, who are most affected by this statement, to continue the prodding, no matter how long it takes. Nevertheless, the statement affects all of us and the university in a way which terrifies me. I believe that the purpose of the resolution was to punish those whose views on a very wide and vaguely specified set of subjects do not coincide with those of the law faculty, and thus to silence most effectively those who might protest the social and political orthodoxies of the law faculty. I am certain that the law faculty believe very fervently in their social and political orthodoxies. Indeed every orthodoxy has believed fervently that its views are Truth and Righteousness in full armor, and that opposition, being of Hellish origin, may justly be silenced by any means at hand. I have always observed that the most vicious and bloody enforcers of orthodoxy have always basked in the sunny certainty that they have accomplished well the will of the Gods. When the law faculty decided to enforce an orthodoxy of opinion and belief upon its students, and to punish, by the obvious power they hold over students, any departure from that orthodoxy, they crossed well over the line of tolerable conduct. It comes as no surprise to me to learn that that infamous paragraph has already begun to have its obvious, and I believe clearly intended, effect. I want to assure Messrs Wiencek and Majchrzak that I intend to see this problem through to the end; I only hope that they are resolved to do so as well. Sincerely, .. .. Thomas C. Barry Assoc. Prof. Classics The Constitutional right of free speech was not intended to annihilate minority existence, but rather, its intent was to foster and generate new ideas. The general rule of free speech is therefore not predicated upon a theory to injure but to strengthen goodwill amongst all. Likewise, free speech does not grant immunity for accomplishing a constitutional privilege in a unlawful manner nor does it protect the use of "fighting language." The faculty statement which Messrs. Wiencek and Majchrzak seem to attack came about in an attempt on the part of the Law School to bring to an end acts of harassment against certain law students who were undergoing derogatory harassment. The importance and the intended effect of the Faculty Statement was to create a socially amenable environment in which the study of law would thrive. Viewed in this light, I am inclined to believe that it is emphatically within the authority of the Law School to initiate such directives. The article, on the other hand, intimates to a chilling effect that the statement may have had on conservative viewpoint. The question that I pose is, what is conservative viewpoint? Unless conservative viewpoint is synonymous with villified forms of behaviour such as the subordination of one group of students to another, then I do not see any reason why the so called "conservatives" would need a lifting of an appropriate rule of law to enable them to express their viewpoints. It is shameful to assume that in this day and age any group of humans would consider another group inferior, based on any criteria whatsoever. The liberty and freedom of speech granted us under the Constitution would be perverted if it leads to prevent the natural outcome of freedom to all. The use of freedom of speech is therefore not an absolute right but a qualified right, limited by the higher rights of others in the protection of their natural rights to be free. Hence, freedom of speech is relative and must be modified in its uses, so as not to unnecessarily injure or infringe upon the rights of others. This noble gesture is demanded by the exigencies of our social state. Our ability to live together, and to respect each other without causing havoc, is required by the manifold need of mankind and also lay the foundation of our civilization. The University at Buffalo Law School is not the place to destroy such civilization, but indeed it is the place to grow a new generation of leaders who will forge society in time to new horizons. I must remind all that the conservative viewpoints may come in different forms and in different dangers and may mean different things to different people. The infamous Hitler and his third Reich wiped out six million people on the basis of conservatism. It is upon conservative viewpoint that apartheid in South Africa flourishes today. In form, conservative viewpoint tends to resist change, and to protect and promote the status quo. But history has taught us that change is eminent and is also a natural phenomenon. We cannot live in the atrocities of the past in the name of constitutional privileges. We must forge ahead. As OliverWendell Holmes once stated: The provisions of the Constitution are not mathematical formulas having their essence in form; they are organic living institutions. Their significance are vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origins and the line of their growth. Mr. Holmes' wisdom, if anything at all, should serve as food for thought for the so called "conservatives." It is about time they came to the rude awakening that a viewpoint when offensive will not immune them from discipline merely because it is conservative, or even if accorded by a constitutional privilege. Philip O. Ohene IL, Section 1 �More from The Opinion Mailbox Bad Things Come To Those Who Wait Too Long March 14, 1989 To The Editor, Today is an important day for the university community. Why, you may ask? Well, the Faculty Senate today said something important to all of us who claim to be students. They "said" that discrimination is OK. Discrimination against people who are over 35 years of age is OK. Discrimination againstpeople who are handicapped is OK. Discrimination against people whose sexual orientation is not heterosexual is OK. They actually were not that blatant about it, but they didn't have to be. You see, forthe many students who were there, it was hoped that the Faculty Senate would act responsibly by condemning the position taken by the President of the University and his Provost. If you do not know already, these two individuals have for the moment acted on behalf of all of you. They suspended the Law School's position which prevented employers who discriminate from using the facilities at the school. The faculty of the Law School saw fit to take this action because others did not want to. way, we know now who you are! You are definitely not on our side. Some conser- Many of you out there may never have to confront discrimination. Many of you may wish to believe that there have been many laws created to protect some people. Why do you suppose we had to do that in the first place? Why do you think some of us came to realize that some laws were needed to protect some people? Many of you may still have faith that congresspeople will do their very best to correct the injustices of the past by acting on bills which will inevitably become laws. The question is who will enforce them? The courts? Not in these times brothers and sisters! You see the enforceability of laws is a political act as is everything or nothing a political act. The Faculty Senate in their quiet acceptance ofthe recent action by the President and HIS Provost have acknowledged where they stand, but more importantly who they are. Yes, some of them have recommended that we study the situation more. Some, holding their crotch, fear that funding for research may be in jeopardy. After all, rumors do fly. Any vative bigots (sorry to be redundant!) at the FS meeting pointed out legal battles in the past, insinuating of course that they could and certainly would mount a legal challenge to the Law School's Anti-Discrimination policy. Challenge it! Take legal action. In light of political structure of courts today, you may win, but we will know who you really are! So what's the problem? I think it may be that I have a problem. I am a person of color: Some people can't pronounce my name correctly, and frankly, I am a Latino/Native American full-time! It's not a part-time thang (sic). There is a resurgence of discrimination in this country and sometimes I get very angry, but more often than not I get scared. You probably know that the beneficiaries of this discrimination will usually be only a few. As I said earlier, most of you will not feel or see discrimination in your lifetime. In a way, I don't admire those of you who do not. Certainly, this is beyond your under- before he got involved in something that I did care about. There aren't many things that would make me think twice about seeing the Rolling Stones. The fact that Trump might promote their final tour, however, happens to be one of them. I can accept a world in which Al Sharpton gets headlines, the National Enquirer is more popular that the New York Times, Morton Downey Jr. and Geraldo Rivera are constantly quoted, and the most financially successful actor of all time plays characters named Rocky, Rambo, and Cobra. But Donald Trump and the Rolling Stones? There is definitely something obscene about this combination. Once upon a time, when Mick Jagger sang about street fighting men, and complained about an economically oriented society in which he couldn't get any satisfaction, the Stones would have told Trump to get off of their cloud. Indeed, "the greatest rock & roll band in the world," as it was once billed, did not voluntarily associate itself with men like Trump. This is the band that hired Hells Angels as security guards, and glorified via its music, things like rape, murder and drug use. On and off the stage the Stones' behaviorwas nothing short of decadent. The Stones, obviously, w,ere not the perfect role models. If the Beatles stood for the "good" in society, the Stones represented the "evil." The Beatles, in the words of John Lennon, may have been "more popular that Jesus Christ." Conversely, the Stones, in the eyes of many, were more loathesome than Lucifer himself. Yet, at the same time, they were sig- nificant. In a world filled with rape, violence, and depression, a world that is not always incense, peppermints, and strawberry fields, the Stones, unlike most of their musical peers, reflected these realities. It was never pretty, it was sometimes tragic, but, in the end, it was an attitude and demeanor that made the band legendary. The mere fact that Trump wants to be actively involved with an entity like the Stones is almost a contradiction in terms. To quote a local deejay, Trump symbolizes the "perrier and docksider crowd." Getting old has never been a drag for him and he has always been able to get what he wants (what he needs is another story). I wouldn't be surprised if he thought that "Jumping Jack Flash" was a song about exercising. Promoting the Stones is simply another way for him to garnish media attention, and make a quick buck in the process. I have referred to the Stones, for the most part, in the past tense. That is because the Stones of twenty years ago are certainly not the Stones of today. Money, which was important to the band back in the sixties, is more important today, and there is much more to be made. The "bad boy" image has faded a bit but, after all, the Stones are each in their mid-forties rather than their mid-twenties. Nevertheless, the Stones have managed to remain somewhat feral. However, if they allow Trump to lead them through America, they are bound to appear more like a media event than an actual rock & roll band. Sure, they'll still sing their songs. But the music, as well as the aura that standing and perhaps control. Sorry to be so pessimistic, but I have come to realize that there may be people out there who will want to help you at a particular moment, but when the chips are down they will not put their lives or their reputation on the line. Racism makes me very angry, but in today's society I must restrain my anger, because as we all know; what happens when you have an educated and angry minority on your hands? Many of you may wish to act in some capacity to support the Law School'sAntiDiscrimination policy. Hurry up! If you decide not to act, it really doesn't matter because it's expected of you. Like I said before, some of you have never experienced discrimination. Why must you wait to act only when it's too late? Why must you wait until the problem hits home? In maintaining a silence for so long, some resemble stupidity and some die not knowing how it feels to be courageous. Martin Sanchez Rojas Donald Trump and The Rolling Stones: Triumph or Tragedy It's often said that money can't buy you everything. Unfortunately, there are certain individuals who try their hardest to disprove this age-old adage. Since his rise to prominence, Donald Trump has set out to show the world that he can buy anything he wants. He bought a professional football team (in the USFL). For two years running he has bought and brought Wrestlemania to his casino and convention center in Atlantic City. For a while, it even appeared as though Trump was out to buy a piece of boxer Mike Tyson. These things of course, are in addition to the scores of hotels and buildings he owns. I have never liked Trump. For one thing, I have always believed that it is the epitome of arrogance to name your own creations after yourself, an art which Trump has perfected. Not only is there the aforementioned Trump Hotel and Casino, but there is also the infamous Trump Tower in New York City. In a city wherethe rich step out of their limousines and over the people lying in the gutter, Trump Tower stands as a tasteless effigy to the Dickensian atmosphere which has enveloped Manhattan. By Andrew Culbertson Features Editor As obnoxious and arrogant as Trump may be, he was always easy for me to ignore. I hated the USFL, I don't like Tyson, I don't gamble, and although I do enjoy professional wrestling, I have never watched Wrestlemania. Unfortunately, when one person has his fingers in so many pies, it was only a matter of time THIS WEEK: KJ O fri\ CORPORATE: SUMMER JOS ■*-'' *•% £•>« / ArTXr : FRIENPS, AuPieKCE, -ro SovERNMENT pepT sf»KeseN-TATIOtH BUT WORK.---- JOBS of JO6 jusT\cer prou'RC HEReA y«*s>*eP'*-*«e*iJ LOTS OF W»RH', GRADUATION pREjeKtATo^ To FMCKOS ETC K£ CJS^ has surrounded them for twenty-five will be submerged in a tidal wave of pomp, circumstance, and gaudiness. Alas, if more money is all that the Stones really want, let them sign on with Trump. He can certainly give it to them. I am reminded, at this point, of another rock & rojl legend, Bruce Springsteen, who said that "poor men want to be rich and rich men want to be kings." The Stones are already rich. With this in mind, they should tell Trump to get lost, and show all of us, one last time, why they are, and always will be, the "kings" of rock & roll. from pg. 1 Jaeckle Award The luncheon followed a morning long symposium entitled "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community." The presentations covered a widerange of topics including basic concepts of international transactions, the economic and legal implications of the U.S.-Canada free trade agreement, current topics in health care, real estate development opportunities, issues in environmental law, and recent developments in technology law. Of particular interest to law students was the presentation by our own Professor Robert I. Reis on real estate development opportunities in Buffalo. He explained that Buffalo's economy suffered during the recent industrial move to the sun belt, causing its development to lag behind the rest of the nation. As a result, he said Buffalo will have a big opportunity in the 19905. This same point was emphasized by Dr. Andrew J. Rudnick, president of the Greater Buffalo Development Foundation, who stated that Buffalo has real economic potential resulting from specific development opportunities such as ÜB's graduate programs, which act as "brain power organizers" bringing in a "lost generation," the largest undeveloped waterfront in the nation, and our proximity to Canada, which he said will be the largest single factor in the Buffalo economy for the next 100 years. Alice Kryzan of Whiteman, Osterman & Hanna struck a note of caution in her presentation by counseling that issues in environmental law will be an important consideration for those interested in real estate development. She warned that hazardous waste will be found in many locations and buyers must consider the previous uses of any land they might wish to purchase. Ms. Kryzan indicated thatthe negotiation process favors those who do not want to clean up hazardous waste sites, and poses a definite problem. The 13th Annual Alumni Convention was held in The Center For Tomorrow. Dean Filvaroff called it a "wonderful program" and stressed that working with the downtown bar was important for both the Law School and the legal community. years, April 12,1989 The Opinion 7 �GET THE KAPLAN-SMH ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONLY WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J I M STANLtY H. l f lIW | JLjl MA BAR REVIEW SERVICES [800] KAP-TEST 8 *Jl wII M The Opinion April 12, 1989 1330 Niagara Falls Blvd. TonawandTNerCkMlSO-SQiy (716) 837-8022 (800) 3*13-9188 L__ �TAHCREOSNATION Law School News Briefs University of Miami Students at the University of Miami School of Law will be voting on a referendum to decide the fate of the law school yearbook Amicus Curiae. Additional funds are needed in order to ensure that the yearbook will be published next year as it currently is operating with a deficit. Three proposals are slated to be put before the students. The first would call for the demise of the yearbook and no increase in student activity fee. The second calls for a six dollar increase in the student activity fee per semester and a guaranteed free yearbookfor all third year students. The third calls for a ten dollar increase in the student activity fee per semester and a guaranteed free yearbook for all students every year. This year, the yearbook costs $32.00 presale and $37.00 at regular price. (Ed. 's Note: As of this date, thereferendum has been voted on but The Opinion does not know the results.) (Res Ipse Loquitur, vol. 8, no. 9, March 6, 1989, p. 1) New York University Students at NYU Law School, calling themselves the Coalition for Change, staged a series of protests to draw attention to changes they feel the School must make with regards to minority students and faculty. The demonstrations were in part triggered by a number of "racial incidents" that have taken place at the Law School thisyear. The Coalitionfor Change presented the Dean with an 11-pointplan that they had drafted. The plan calls for stepped up investigations into the racial incidents that have taken place. As of yet the administration has not been able to name anyone responsible for the harrassment of a number of NYU minority students. The plan also calls for increased hiring of faculty of color and stepped-up recruitment and admission of students of color (NYU is ninth out of the top ten law schools in terms of the percentage of minority faculty and students.) Appointment of a Dean of Minority Affairs and the introduction of race-related components into lawyering and the core curriculum are also a part of the 11-point plan. (The Commentator, vol. XXIII, no. 11, March 9, 1989, p. V Cleveland-Marshall Cleveland State University Career Services Department recently announced a ban against on-campus recruitment of students by the FBI. The FBI violated a well-established University policy which prohibits on campus recruiters from discriminating on the basis of race or national origin. The Cleveland-Marshall Law School chapter of the National Lawyers Guild was instrumental in persuading the University Career Services Department to make this announcement. The University Career Services Department does not have a stated policy against recruitment by parties who discriminate on the basis of sexual orientation however. The Law School does subscribe to a policy which includes a ban against discrimination on thebasis of sexual orientation. The National Lawyers Guild is lobbying the University to reconcile the differences between the two policies so that all employers who recruit on campus will be responsible for complying with a pledge not to discriminate on the basis of sexual orientation. ( The Gavel, vol. 37, issue 6, March 1989,p. 4) Free Speech At Issue WhenPublic Funds Support Public Art The final lecture in the "Arts and The Law" lecture series took place on March 17, 1989 at the Albright-Knox Art Gallery. Barbara Hoffman was the guest speaker and her discussion was entitled "Public Art, Public Controversy: Free Speech and Other Issues." Ms. Hoffman was involved in the drafting of the annotated model agreementfor the commissioning of a work of public art. She currently practices law in New York City and is Honorary Counsel to the College Art Association of America. By Donna Crumlish Managing Editor "Twenty-six years ago the first percent for art ordinance requiring public expenditures of money was passed in Philadelphia, but still twenty-six years later we really don't know what public art is or ought to be and have not successfully balanced the competing interests which are involved," said Ms. Hoffman. She then went on to give examples of some of the conflicts surrounding public art within the last fifty years. One of the earliest controversies arose when Antone Refrigier was commissioned to paint murals for the Rincon Annex in San Francisco. Refrigier painted the murals in a Post Office in the early 19405. In 1946 a Republican congressman from Michigan launched a campaign against all modern art as communistic. One of his targets was large scale murals in public buildings. In 1953, Congress introduced a joint resolution requesting the removal of the murals, stating that they had been criticized by civic and veterans groups among others as being artistically offensive and historically inaccurate and casting a derogatory and improper reflection on the characters of the pioneers in the history of California. Refrigier's supporters cried censorship and after lengthy hearings in California the Joint Resolution was successfully shelved and the murals allowed to stay intact. Another example of controversy surrounding public art involves Alan Sonfist's environmental sculpture "Time Landscape of St. Louis." The work was commissioned by the city of St. Louis and consisted of native vegetation. Alan Sonfist was given the key to the city. Seventeen months later, city bulldozers destroyed it in the middle of the night. The Commissioner of Parks said that it was a public eyesore which attracted homeless people to hang their laundry in the trees. Ms. Hoffman contends that in this case the Parks Commissioner never viewed the sculpture as a work of art. Ms. Hoffman also gave an example of controversy surrounding the public display of artwork. David Nelson, a student at the Art Institute of Chicago entered a portrait of Mayor Washington dressed in drag in a school show in 1988. The painting was seized by city Aldermen who said that the nature of it was insulting and riots would arise in Chicago because Mayor Washington was very much loved. Two days later the Art Institute apologized to the Aldermen for the display of the work. David Nelson has since filed a lawsuit and is being represented by the American Civil Liberties Union of Chicago. Nelson is alleging violation of first amendment rights, particularly freedom of expression and freedom against illegal search and seizure. Ms. Hoffman alleges that controversies such as the ones mentioned above have attributed to the development of jurispru- dence and thinking in the areas of freedom of artistic expression, moral rights and copyright. Barbara Hoffman The display and subsequent Court ordered removal of Richard Serra's "Tilted Arc" from the Federal Plaza in New York City is one of the most recent and perhaps most tragic examples of the ongoing public art debate. The sculpture was commissioned by the General Services Administration and had been standing in the plaza since 1982. When the GSA decided it wanted the sculpture removed Serra filed a lawsuit in federal court and lost on a motion for summary judgment. The GSA argued, among other things, that the sculpture was too big, that it prevented concerts from being held on the Plaza and that it posed a potential terrorist the sculpture took the threat (simply — form of a long black, tilted wall). Serra claimed that the sculpture was site specific and could not be relocated without being in some degree altered or destroyed. Serra's lawyers argued before the Second Circuit Court of Appeals that once a medium of expression is publicly installed or displayed first amendment rights attach which prohibit the government from removing the expression. The Court of Appeals stated that "Tilted Arc" was entirely owned by the government and thus Richard Serra's freedom of expression was not being violated. They said that Serra gave up any right to the sculpture when he voluntarily sold it to the government and that if he wanted to retain any rights he should have bargained for them at the time the contract was made. Since this ruling (the case was decided in May 1988) the "Serra Clause" is always included in public arts contracts. This clause says that the government has the right to remove the work unconditionally unless the artist bargains to the contrary. Ms. Hoffman was upset by the Court's decision in the Serra case but nonetheless feels there is hope for public art and she closed her lecture with the words of Richard Serra as were written in a letter to President Reagan before the outcome of his lawsuit ". if we only provide public forums for art which is immediately gratifying and popular we give up on art. While artists have always guarded their integrity and have been preserved in the face of opposition they also need a political environment which is supportive and a society which values their efforts. Ways ought to be explored for introducing the language of art into the communities in which it is expressed ." . . Protesters Outnumber Audience at JAG Corps Presentation The U.S. Marine Corps Judge Advocates took advantage of the suspension rights. of the Law School's anti-discrimination policy by holding a presentation in Baldy Hall on March 21. The lecture on the "Rights of the Accused, the difference between Military and Civilian Law," also provided an opportunity for several local Marine recruiters to try and attract law students to the JAG Corps. About twenty students from the Law School and the University showed up to protest the JAG Corps presence on campus. They carried signs and placards condemning the Marine policy of refusing to hire lawyers that are gay, handicapped, or over 35. by Bruce Brown Staff Writer E. J. Martell, directorof career planning and placement for the University, said that although protestors had made clear their displeasure with both the presence JAG's return of the Marine recruiters and the suspension of the anti-discrimination policy,they had not overstepped the bounds of common courtesy and had been within their Mr. Martell explained that although.the presentation could have been held in the Law School itself, Robert Palmer (Vice Provost, Student Affairs) had decided that it would be held in Baldy Hall instead. No reason was given for this decision, but it was an apparent attempt to defuse any possible tension that might result from the presence of Marine recruiters within the Law School itself. This was the first public presentation by the JAG Corps and the second for Marine recruitment since the University overturned the Law School prohibition of on-campus discrimination by military recruiters. In September the Law School Faculty voted to add sexual orientation to the school's anti-discrimination policy. This prohibited any organization which refused to sign a statement certifying that their organization has no discriminatory hiring practices, from using Law School facilities. The immediate effect of this policy was a ban of the FBI and JAG Corps. In February President Sample placed the policy in abeyance so that the University could "do some clarification of the jurisdictional issue." For fourteen years the law school set its own discrimination standards adding categories such as marital status to its anti-discrimination policy without attracting attention. However, for reasons which remain unclear, the recent addition of "sexual orientation" to this policy triggered the university administration's desire for a jurisdictional clarification. Dan Majchrzak a spokesperson for the Federalist Society and vocal proponent of on-campus recruitment, said that his organization had invited but not sponsored the Marine presence. He also refused to criticize the demonstrators whom he said had behaved in a reasonable manner during the question and answer period that followed the presentation. April 12, 1989 The Opinion 9 �IN THE NORTHEAST UNITED STATES Agft MORE LAW SCHOOL GRADUATES ammk 4PWII take fflS7/r?ft£ THAN TAKE ALL OTHER '^IL BAR REVIEW COURSES -- £': $& ■■■. ■ I ttj *&■ '-- ?■; ■-** .'■ rjSfit* ■ ££'& ." '""' ', 'i- -' -'*'■" "" •-.,;■ ■'■■ ■?& "'. • ,-. -'■ - •/ *■ -" yi • / I ... isM®k \ \ -. The Nation's Largest And Most Successful Bar Review. 16(H\>imiion\voallli Aviv. lloston.Ma. 02116 (017! 137 117! 415 Seventh Aw, Stc()2, Now York, N.Y. 0211« (212) r>!M■3(596 (201)623 -3363 (2')3) 721 3010 10 The Opinion April 12, 1989 �Conference Highlights Philosophical Differences On Violence During the third weekend in March, scholars from around the world convened at the Center for Tomorrow for "A Conference on Law and the Legitimization of Violence." The three day conference, sponsored by the Graduate Group on Human Rights Law and Policy, involved the presentation of a variety of papers on topics ranging from "The Nihilistic Significance of Violence" to "Sex Discrimination and the Law of Self-Defense." Each paper's presentation, or reading actually (since most people simply read their papers), was followed by commentary from other professors. By Alexei Schacht News Editor The opening paper set the tone for the rest of the conference. Carl Wellman, a philosophy professor at Washington University, speaking on "Violence, Law and Basic Rights," repeatedly invoked lawand legal theory and practice. The irony in this, and in the conference as a whole, was that the conference's philosophers tended to want to speak of "law," while the law professors, as Professor Virginia Leary commented of herself, often spoke in terms of "morals" and other "philosophical" concepts. One proposition that many seemed to agree upon was that violence, as a concept, was value free. There is evil or immoral violence, such as a rape, there is legitimate violence, such as the power inherent in a nation's war power, and there is value free violence such as the violence in a natural electrical storm. As such, most conferees seemed to agree that some vio- lence is morally justifiable. This is so despite the fact that, as Professor Wellman pointed out, it is possible to "distinguish between legal and moral legitimization." An interesting point made by Wellman was that "some basic moral rights have no close analogues in legal rights." Wellman further queried whether there is a "[bjasic moral right to revolution" implicit in the Ninth Amendment's reservation of "certain" rights to The People. Hugo Bedau, of Tufts University, spoke on "Punitive Violence and its Alternatives." His main line of inquiry involved the question "(ijs punitive non-violence no [sic] oxymoron?" In response, he analyzed four alternatives to "violent" forms of punishment such as incarceration or capital punishment. Thefour alternatives were reward, forgiveness, therapeutic treatment, and denunciation. Bedau concluded that the role of punishment can be "reduced but not eliminated." Tibor Machan, of Auburn University in Alabama, gave a paper arguing that torture could, in some circumstances, actually be legitimate. While allowing that torture should, as a general rule, not be practiced by any of the representatives of the state, there are instances in which private individuals would be justified in torturing. Torture can be legitimate, claimed Machan, if "the end of the torture is worthy." One of Machan's examples of justifiable torture involving your capturing one of two evil rapist/murderers who had kidnapped your four-year-old daughter. The torture of your prisoner would be legiti- April 6, 1989 My fellow classmates, friends and professors: Dealing with the physical loss of a loved one is never an easy experience live through. Feelings of guilt, anger, confusion and loneliness seem to confront me at every corner. Throughout this past year I have been trying to continue my life as a student while slowly watching my mother's illness take the best of her health and strength. Her pain and suffering culminated in her physical departure on March 26, 1989, Easter Sunday. to The immediate feeling of losing my mother, Aidalbarrondo, my best friend, advisor and buddy, was a fear of being alone. Upon returning to school and knowing that I will continue this process in her absence by myself, I realized that I was not alone. The numerous cards, hugs and love that you all have shared with me clearly demonstrates that my mother left me in the greatest company of all. I thank you for being there when I needed you the most. Classmates, friends and faculty such as yourselves is what makes the UB Law School a special learning institution, a place with heart. God bless you all. Thanks again for being there, Daniel Ibarrondo mate if it would secure the safe release of your daughter. Professor Guyora Binder, in commenting on Machan's paper, made a devastating critique of both its specific theory and the general libertarian principle that it is based upon. Binder pointed outthat "Professor Machan's zeal to insulate the state from responsibility for violence defeats itself." While some non-participant observers found the conference's discussions too esoteric and or irrelevent to "real" life, there was clearly a lot of heated, and learned, debate among the participants. Commentary Group Funding Rests Upon Enhanced Mandatory Fees by Kimi King In accordance with University Trustee Guidelines, every student government (every four (4) years) is required to hold a referendum on whether or not the student mandatory fee should remain mandatory or instead be voluntary. On Wednesday & Thursday April 12-13, you, the students will decide two things. First, whether the student fee should be mandatory or voluntary, and second, whether the fee should be raised from $25.50/ semester to $32.50/semester. Voluntary vs. Mandatory Currently, each student pays $25.50/ semester to the SBA who in turn, allocate all of the funding for all of the student organizations. For those student organizations who have been following the SBA budget crunch this year, you know that our current funding levels do not meet the needs of our student body. At ÜB, we are fortunate enough to have a number of wide, diverse, ancLactive student organizations that bring an expanded array of programs to theLaw School and to the University. If the mandatory fee is to become voluntary, every student organization would be without any resources to pursue activities. If the fee is to become voluntary, SBA would have to allocate funds to the student organizations on a projectby-project basis, and each organization would be responsible for fund-raising the bulk of its monies for activities. The net effect of not continuing the mandatory student fee will be that every time an organization needs money for a project, it will have to come before SBA to request approval for both the activity and the funds. Increase fees? The current SUNY system budget crunch has impacted UB Law in several ways. Next year Alumni Arena will be increasing its fees for the Law School from $1200 (current fiscal year) to $6000 (1989-90). Originally this figure was projected to be about 45% higher, however we indicated that if the fees were raised by that amount, SBA would not be able to continue paying for services at all. This increase in fees is to make up for the increased costs Alumni has been facing in the last four years. This increase is based on the proportional usage for the Alumni facilities according to records of law students participating in Alumni services. This means that approximately $3/ semester of your activity fee (assuming it remains mandatory) would be used for continuing access to Alumni facilities. In the event that the SBA does not pick-up the fees, then the individual students will be required to pay annual fees ($65-80) for use of Alumni Arena and Clark Hall. Part of the necessity for increasing student fees is to cover this increased cost. Additionally, our increased activity with the current year fiscal programs has resulted in an increase in fees to our accounting firm, Sub-Board I, Inc. The net increase for next year's accounting costs will be approximately $1000. As a result, SBA is recommending an increase in the current fee to $32.50/semester. Compared to our other student organizations, this seems fairly in line, given that our counterparts in other student organizations have a much larger student base to increase their total revenues. Fee Comparison Student Association (SA) $57.25/ Graduate Student Association (GSA) cars. If it bought cars with the new smogless engines, these cars would soon become widely available. Such action, said Commoner, requires "Breaking the Reagan taboo of hands off the free market." To combat the Greenhouse Effect, Dr. Commoner stated that first and foremost, we must stop burning fossilfuels and conserve energy. Two-thirds of energy is lost in transportation from generators to receivers. This problem could be eliminated by decentralizing energy production. Dr. Commoner praised the use of methane (natural gas) which, he said, produces half the carbon dioxide that coal does. Since natural gas can be produced from sewage, we can be assured of a limitless, cheap source of this energy. Natural gas should be used as a transitional fuel, said Dr. Commoner, to the eventual use of solar fuel. Ethyl alcohol, which is produced from grains, is one such solar fuel. Because plants consume carbon dioxide, the later burning of ethyl alcohol would result in a net zero effect — $23.50/semester (however, there are over 6500 total grad students) Law school en- rollment = 850 Medical Students $47.50/semester (will be going up to $65 next year) Dental School $42.50/semester Finally, to the credit of most of the student organizations, SBA has seen an increase in the numDer of activities here at the law school during the second semester. As the budget season draws nigh, remember that because our costs have increased, we will be unable to fund groups at their current level if the fee is not increased. The SBA hopes that students will discuss this issue among themselves and their Class Directors. Please turn out and vote to indicate your preferences. — — Dr. Commoner not put into mass production. Our government buys billions of dollars worth of — semester from page 5 on the level of carbon dioxide in the atmosphere. Another solar fuel, photovoltaic cells, is currently quite expensive but if the government buys them in quantity, as it did with computer chips, the price will come down. At the end of the lecture, members of the audience were given the opportunity to ask Dr. Commoner questions. When asked to comment on President Bush, Dr. Commoner reminded the audience that in 1970, President Nixon declared himself an environmentalist. Two years later, Nixon reversed himself and attacked environmentalism. Commoner said that Bush "got carried away," and that when he sees the true costs of cleaning up the environment, he'll be like Reagan (and whereas an incinerator takes twenty years. Eighty percent of all trash can be recycled, and Dr. Commoner accused the DEC of "pulling the wool over its own eyes" in its misguided support of incineration over recycling. In the final analysis, Dr. Commoner was optimistic that environmentalism will become a stronger force in the world, noting that Soviet General Secretary Gorbachev placed environmentalism alongside peace as the most important challenges of our times in a speech before the United Nations. But he reminded the audience members that they must take active stands against polluters. March 22nd, 1990 will mark the 20th anniversary of Earth Day. On that day, urges Dr. Commoner, citizens must take to the streets and scare the corporations into behaving responsibly. Nixon). Asked a question about the New York State Department of Environmental Conservation (DEC), Dr. Commoner replied that the DEC has been "reprehensible." He faulted it for advocating the use of incinerators, which prevent recycling and produce land and air pollution. A recycling unit can be established in a year, ss *** I '—^-^ V ~ 415 Seventh Avenue, Suite 62 New York, New York 10001 (212)594-3696 (201)623-3363 April 12, 1989 The Opinion 11 �ATTENTION CLASS OF 89 & 90 FINAL BOOK DISTRIBUTION DAY THURSDAY APRIL 13 GET YOUR BOOKS NOW OR WAIT TIL THE COURSE BEGINS!! Reminder: You must have a Book Distribution Card and return old books. 12 The Opinion April 12, 1989 — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-04-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 29 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/12/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 29 13 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0e9fcd37e2b70034fc41c33b160c2ba9.pdf 1e647429254b70e698c1b397c17411ff PDF Text Text Heated SBA MeetingResults in Run-OffElection by Jim Kennedy The SBA held an open meeting Thursday, April 20 to decide among other things whether or not to hold a run-off election for the SBA President. A deeply divided SBA voted after nearly four hours of debate to throw out Chris Reo's 128-124 vote lead and hold a new election between Reo and Ivan Khoury Wednesday and Thursday, April 26 & 27, from 10 am to 3 pm. The controversy centered on the fact that there were three more ballots cast than there were names checked off on the student roster. Much of the debate centered on whether this fact represented innocent oversight or misconduct warrant- ing a new election. Although many rumors have circulated the law school describing major discrepancies in ballot counts, the only evidence brought out at the meeting concerned the three-vote mismatch between the number of ballots and names checked off. During the meeting, several votes were taken concerning the validity of the election. It was evident that, with a few exceptions, supporters of Ivan Khoury outnumbered supporters of Chris Reo, and were thus able to control some key votes. In its final decision, SBA declined to declare the election valid, and there were not enough votes to declare it invalid. After considering the evidence and ar- guments presented in favor of holding a new election, the debate focused on the insufficiency of the evidence. Nearly half of the SBA members present expressed deep reservations about the insufficiency of evidence of any wrongdoing, and many declared that no persuasive evidence had been offered at all. A very vocal dissent argued that lacking any evidence of wrongdoing or serious error, it would be unfair to both students and candidates to hold a new election, and objections were raised to holding an election so close to final exams. In response, proponents of a new election argued that if the three extra votes were taken away from Chris Reo's total, he would have a one-vote lead, and that this was too close to call. The dissenters countered that there was no evidence that the three votes were indeed "extra," and that a one-vote lead would still be enough to declare a winner. During the debate the point was raised that if any wrongdoing was found, an entirely new election with all the candidates would have to be held. That potentially major issue did not receive much attention, due to the debate's focus on eliminating Reo's 128-124 vote lead. All first and second-year students are urged to make a special effort to cast their vote for SBA president this Wednesday and Thursday, so that this election can be fairly decided. THE OPINION Volume 30, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Apri126,1989 FBI Recruitment On Campus Thwarted On Tuesday, April 18th, three FBI Special Agents visited UB Law School with the intention of recruiting students. They never got the chance. The three agents were greeted by approximately 100 student protesters who blocked access to room 108, which the FBI had reserved for recruiting purposes. The demonstration was organized by the National Lawyers Guild and the Lesbian/Gay/Bisexual Alliance. Chanting "Hey Hey, Ho Ho, the FBI has got to go!," the demonstrators sealed off the room's doors at 9 a.m. with tables, posters, and their own bodies. They waved signs which read, among others, "Stop FBI Discrimination," "FBI Racists Out," "Remember CISPES —FBI Spies on Americans," "FBI Homophobes Go Homer," and "J. Edgar Hoover was a Facist Pig!" The event was covered by Channels 2 and 7, WBFO, and The Buffalo News. by Michael D. Gurwitz Features Editor At issue were the well-documented cases of FBI discrimination against Hispanic agents, allegations of discrimination against blacks, lesbia*hs and gays, and the FBI policy of not hiring people over the ajje of 35 and handicapped people Dean David Filvaroff made several attempts to get past the blockade, but the protestors held steady. When it became clear that the demonstrators would not budge, Dean Filvaroff informedthem that he would call security, and that this would likely result in their arrests. This did not sway the protesters but, according to sources who overheard the negotiations, the FBI asked Dean Filvaroff not to call security as they did not want any arrests to occur. And so the standoff continued. At 11 a.m., the FBI agents apparently abandoned any hopes they had of recruiting that day, and announced that they were willing to meet with the protestors in the Faculty Lounge to answer ques- for the position of Special Agent (agents who carry firearms). The demonstrators stated that such discriminatory behavior was at odds with the Law School Faculty's adoption of an Anti-Discrimination policy forbidding the use of CDO facilities and funds by organizations which discriminate on the basis of race, sexual orientation, age, physical disabilities, and other factors. In February, 1989, UB President Steven Sample placed the Law School Anti-Discrimination policy in abeyance. LALSA Goes National On April 7, 1989, the Northeast Latino Law Student's Association held its first national conference at New York University Law School. The theme of the conference focused on "Latinos in the 19905: Developing Strategies to Confront Injustice." by Maria A. Rivera Business Manager As an ethnic group, Latinos have struggled for recognition in the United States. In a world where the majority of issues are black or white, the Latino community continues to bean ignored silent majority. Latinos have continued to meet resistance from political and legal institutions which are ignoring concerns of the community by seeking to strip it of its cultural and ethnic heritage through tactics such as "English Only" legislation. The goal of the Conference was to discuss and create strategies to improve the future status and direction of the Latino community. Topics discussed at the Conference involved defining an agenda for Latino leadership, coalition building, and (See FBI, page 4) Dean Filvaroff confronts students at FBI demonstration "English Only" legislation and its effect on the community. Wilfredo Caraballo, the First Latino Associate Dean in the Northeast Region, Senator Olga Mendez, Judge Frank Torres, and other prominent Latino community members were among 'he invited guests who attended the conference. The Latin American Law Student's Association of the State University at Buffalo, in continuing its tradition to improve the future status of Latinos, held its Second Annual High School Outreach on March 11, 1989. Dean Filvaroff and Judge Raul Figueroa were among the guests who attended this successful event. The goal of the High School Outreach program is to provide high school students with motivation and information of the opportunities available in society through higher education. This year, LALSA has accomplished its goal of becoming a national organization dedicated to strengthening the Latino community. It hopes to achieve this goal by lifting the invisible veil of this silent majority through its community efforts in the Law school and theBuffalo Latino community. UB Joins Grape Boycott by Troy Oechsner The National Lawyers Guild campaign to support the United Farm Workers' Grape Boycott secured the endorsement of the Faculty Student Association, which runs campus food services. The FSA voted for the grape boycott last Tuesday, April 11. As a result, campusfood services will no longer serve grapes. "Getting the FSA's endorsement has been a lot of work," said NLG member Nathaniel Charney, "This is a great accomplishment. There is no doubt that the FSA prefers to ignore certain costs when they make their decisions. The UFW Grape Boycott forced the Board to consider issues such as farmworker's health and the health of the consumers. I think the FSA felt unfamiliar with discussing things like this." The FSA discussed whether taking a stand on the grape issue would set a precedent whereby potential harms posed by pesticide use on other fresh produce would have to be considered. "Although the FSA did not completely rule out considering other misuse of pesticides, there did appear to be a consensus that the grape boycott would serve as a demonstration of the University's concern over pesticide use generally," said Mark Schlecter, also a NLG member. The UFW Grape Boycott will last until the Union's three demands are met: 1) that five dangerous pesticides be banned for use; 2) that the UFW be allowed to hold free and fair elections and that the grape growers bargain in good faith; and 3) that a joint grower and UFW testing program be established to monitor pcs- ticide levels in the produce. Until these demands are met, the University will not be serving any fresh California table grapes in any of its cafeterias or catered affairs. The University of Buffalo has joined forces with many others as supporters of the grape boycott. Cesar Chavez, the President of the UFW, called for a similar boycott in the late 19605. As a result of the nationwide support for the boycott, DDT was outlawed, and concessions were made by the grape farm owners that secured greater unionizing rights for the farm workers. With the election of Governor Deukmejian, efforts for farmworkers to exercise their newly acquired rights to a safe and healthy workplace as well as protection for the consumer from deadly pesticides fell to the wayside, according to the UFW. "Deukmejian decided to focus more on the rights of the corporate farmowners (See GRAPES, page 4) HIGHLIGHTS Judge Jeffrey Gullet discusses his learning disability pg. 3 Soviet Refusenik speaks out on problems faced by the Soviet Jewry and recounts his emigration struggles pg. 4 Law Students participate .... in Pro-Choice March pg. 5 .... �i ] . .... ' ; :— .; .'.. This Summer, the PIEPER BAR REVIEW will be conducting a tape course in the following NEW locations: CANARSIE, BROOKLYN CENTRAL PARK WEST (at 64th Street) STONYBROOK, SUFFOLK COUNTY Seating is limited. If you desire to sit at any of these locations, contact the PIEPER office at your earliest opportunity. Other PIEPER Tape locations: NEW YORK CITY-Downtown, NASSAU, WESTCHESTER, ALBANY, BOSTON, BUFFALO, NE WARK, PHILADELPHIA, SUFFOLK-HUNTINGTON, WASHINGTON, D.C, SYRACUSE, QUEENS, BRIDGEPORT PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, NEW YORK 11501 (516)747-4311 2 The Opinion April 26.1989 '" . �Judge Speaks Out On Learning Disabilities . "I hatethe fact that you invited me here, not because I have abilities but because of my disability. I'm here today because I'm a kind of talking frog . and you all came here to see where my warts are." With these introductory words. Judge Jeffrey Gallet, family court judge in New York City, spoke to law students on April 7 of his learning disability and how it has affected his legal career, his education and his self esteem. Judge Gallet was invited to the law school by Professor David Engel, who chairs the Committee For Law Students With Special Needs, as a means of making law students more sensitive to the needs of students with learning disabilities. As Judge Galletand Professor Engel pointed out, learning disabilitiesare not easily defined and vary from person to person. The threemajor learning disabilities, dyslexia, dysgraphia, and dyscalculia, vary in manifestation from person to person. by Ted Baecher Staff Writer Dyslexia, for example, involves difficulty in reading and may manifest itself in one person as a reversal of letters and may manifest itself in another person as the inability to deal with blanks in a text. Despite their differences, all three dis- abilities are neurological conditions and involve a misfiring of information from the brain to the eyes or the hands. The typical signs that a person may have a learning disability are spatial relationship problems and large variations in exam scores. Dyslexia, dysgraphia and dyscalculia can be diagnosed, and, once diagnosed, the learning environment of the student can be adjusted so that she is able to communicate her thoughts in a recognizable manner. The dangerous illusion of society and educational institutions is that learning disabled people are simply unable to handle the concepts and academic work. Nothing could be further from the truth. As exemplified by Judge Gallet and the many learning disabled students who remain in school, the problem is not the learning disabled student's inability to learn and understand but the failure of the school system and society at large to understand and work with the Judge Galletwas diagnosed as dyslexic when he was 34, after a number of years as a real estate lawyer. Realizing he was dyslexic. Judge Gallet said, was a "mixed blessing." On the one hand he now understood what it was that made reading and writing in theconventional sense difficult, but on the other hand he was always by Jim Monroe Staff Writer Immediately a UB student raised the question, "If gays and lesbians are afraid to 'come out' in an atmosphere of intolerance, i.e. U.8., what makes you think they'll risk it simply because a professor makes one classroom environment comfortable. Ten minutes after class is over the student's sexual orientation will be all over school." The panel deferred the question until after the presentation when the U.B. student reiterated it to one of the professors that had led the discussion. The panel member advised, "form coalitions with non-lesbian, non-gay student groups, get an anti-discrimination policy from thefaculty, and get a method of enforcement." The student responded that all these things had already been done and that the culmination of events was the unilateral revocation of the anti-discrimination policy by the SUNY president Steven Sample. The professor responded, "What school did you say?" "The University of Buffalo," the student replied. "What about some type of state legislation?" queried the professor. The student told him about Executive Order 28 and 28.1 and Steven Sample's decision to which the professor shook his head in disbelief and then said that he was shocked that "a supposedly educated University president would allow blatant discrimination to occur at a State University." The U.B. student felt that an atmosphere of homophobia was not a big problem on the Harvard campus as exemplified by the panel's attitude and a discus- sion the student had during registration. A police officer was guarding the entrance to the registration area and the U.B. student mentioned that his presence must indicate that Harvard anticipated some type of counter-demonstration to occur. A woman working at the event assured him that the police officer was only there to guard the registration money and that no anti-gay incidents were likely to occur. The U.B. student was amazed to heaY that Harvard had no equivalent to our "Independent Journal" and no hate mail and hate message problem. Even in this atmosphere of lesbian and gay tolerance some non-Ivy League conference goers reported feeling unwelcome. For example, the U.B. contingent called ahead and requested room information and did not have their calls returned by the support staff. This led to problems making the conference almost inaccessible for them. During thefirst day's events, Rob Davis spoke with one of the Ivy League conference goers and was asked to "name one famous U.B. alumni." Rob responded with a couple names of State and District Court judges and the Ivy Leaguer said, "phfeh," and wandered off after another student, who had "Stanford" on his conference tag. Rob observed that many of the people attending looked like they had been stamped out of the same cookie cutter and dressed with the same Barbie and Ken suits and sweaters. Regardless of national origin, race, color, or creed, he felt that the most he had in common with any of them was that he was gay. "Merely because we share the struggle against gay oppression and repression, it does not necessarily follow that we share ideology, empowerment theories, the way we view death, or whether we work against orwith the system," Rob claimed. When asked what he liked about the conference, Mr. Davis responded, "The work on wills, trusts and estates for same sex couples was good because the presentation included the assertion that homophobic and straight lawyers will be willing to perform these same sex property arrangements every day of the week if there is a profit in it. Whether they like the orientation or not, most lawyers will have lesbian and gay clients." Rob added, "Looking back, I wish I'd gone to the March on Washington, scheduled that weekend, because I could have spent my time with 'out' political gays rather than 'closet' corporate gays. Better blatant than latent." capable of performing these functions but needs help when writing. Being unable to read and write in a conventional manner, Judge Gallet experienced self esteem problems throughout his education. He still experiences those feelings today. "Although I have every in- ... dica of success in my heart I think you're going to see I'm a frog." Because he was not diagnosed until later in life, Judge Gallet suffered scorn and derision while in school from both peers and teachers. The judge related one story from seventh grade in which a teacher marked up his paper with a red pen, gave it an F, and then posted it on the classroom bulletin board for a week. His usual depression greatly increased, and it was not until his father spoke to the teacher that the paper was taken off the bulletin board. disability. Harvard Law School Hosts Conference on Sexual Orientation On April 8 and 9, Harvard Law School sponsored a conference entitled "Sexual Orientation and the Law" and invited members of the UB Family Law faculty and members of theLesbian and GayLaw Students Association to attend. The conference, which was held on the Harvard campus, was purported to be a forum for ideas to empower disenfranchised groups of students and to offer solutions to problems typically faced by these groups. The first presentation was a panel discussion dealing with opening the classroom environmenttofrank interaction between Straights and Gays. Three out of five professors on thepanel were straight. Their solution to lesbian and gay disenfranchisement was to attempt to make the classroom comfortable enough to allow non-straights to "come out." going to carry the "tag" of someone who has a learning disability. Judge Gallet spoke of a number of instances in which people, instead of referring to him simply as a family court judge, viewed him as the "judge who can't read." How can Judge Gallet write his opinions and handle a very heavy caseload? It's really quite easy, once the environment is adjusted. Judge Gallet reads and writes efficiently, but he does so differently from most other people. Thus, the Judge Gallet judge dictates his opinions and his secrespells and edits. The judge is able to work with legal concepts, as illustrated by his career, but is unable to communicate these concepts in the usual manner. The judge emphasized the distinction between the ability to work with concepts and the ability to express them clearly. The judge would not be capable of being a journalist, for example, because an integral aspect of a journalist's job is to spell, type and edit, all within a short period of time. A lawyer, however, needs to read, write, research and work with legal concepts. Judge Gallet is very tary types, As the story above illustrates, the real problem faced by those with learning disabilities is not the disability itself but the lack of understanding exhibited by those who deal with the learning disabled student. According to Professor Engel, the primary purpose in bringing Judge Gallet to the school was to increase the sensitivity and understanding of law students regarding learning disabilities. As with "any form of human difference," Professor Engel said, discrimination may be a result; thus, efforts must be made to increase awareness of the different forms the prejudice may take. This process of sensitivity. Professor Engel admits, is not an easy thing to accomplish, but he hopes additional speakers, continued course offerings on dealing with the law and the learning disabled, the operation of the handicapped clinic program, and the active role of Club 504, will result in a better understanding of learning disabilities. (See JUDGE, page 10) University May Be Vulnerable To Pre-emptive Lawsuits News Editor exacerbate this risk to the University because they are largely unsupervised by either attorneys or the law faculty and as a result are prone to constitutional infirmities. An additional incentive for the families to challenge SWJ rulings will be provided by ambitious attorneys whose fees will be recoverable against the University when studentsuits are successful. This significant threat to the University is aggravated by what Professor Blum calls, "an institutionalized insensitivity to constitutional rights." For example, he points to the recent SWJ proceeding against the three undergraduates, at which the Justices expressed their belief that the students were being judged by University rules, implicitly revealing their belief that the proceeding fell outside the constitutional penumbra. It is Professor Blum's contention that the SWJ proceedings may leave the University potentially liable for monetary damages and attorney's fees in federal court if students' constitutional rights are violated. Much of the concern revolves around the impact of the new Anti-Drug Abuse Amendments Act of 1988. The new law, which is of uncertain constitutionality, authorizesfines of up to $10,000 and a cutoff of government-sponsored student loans and aid to students anytime during a five such as an year period after a finding SWJ finding that a student possessed any amount of an illicit drug. The open-ended nature of the law greatly increases the risk of private lawsuits. Students and their families may discover that it is in their best interest to bring pre-emptive law suits under 42 U.S.C. sec. 1983to overturn any SWJ drug proceeding which arguably could violate students' constitutional rights, as a means to avoid triggering the new drug law and the significant threat posed by its heavy fines. The SWJ's operating procedures The case against the undergraduates began when a public safety officer initiated an investigation based on information that he refused to reveal. Without a search warrant the officer apparently knocked on the door, entered the room uninvited and pressured one of the defendants to sign a waiver of his fourth amendment rights. Eventually, the students, who were not represented by counsel, plead guilty to reduced charges in Amherst Court. However, Professor Blum has advised the University that they should set aside the entire proceeding and confineany disciplinary action to a private reprimand. He has counseled that, for the Univeristy to avoid liability, it may be important that there be no publicly accessible record that either documents possession of marijuana or imposes substantial sanctions. The SWJ has been the target of recent criticisms. However, Assistant Dean Ronald Dollmann has defended the institution by stating that he' is proud to have a student judiciary at which undergraduates act as justices and law students are counsel. Professor Blum attended a recent session of the Student Wide Judiciary (SWJ) in the cases of three freshmen who were jointly charged with possession of marijuana after a plainclothes police officer made a warrantless entry into the dormitory room they share. He identified some constitutional difficulties which center around the warrantless search and SWJ proceeding in which defense counsel were not provided with evidence that allegedly had been promised to them. Also, a series of incompetent evidentiary rulings coupled with the raucous atmosphere of the courts denied counsel for the defense the opportunity to conduct effective cross-examination. by Bruce Brown — — April 26,1989 • TheOpinion 3 �Soviet Refusenik Speaks on Emigration Issue On Tuesday, April 17, the Jewish Law Students Association presented Soviet Refusenik Yaakov Shaposhnikov, who spoke on the problems faced by the Soviet Jewry, and the struggles he faced in his attempts to emigrate to this country. For most of us, the idea of moving to a foreign country is something which is never contemplated. Stated simply, there is no prevalent reason why most Americans would even want to. Jews in the Soviet Union are not as fortunate. Indeed, in a land where Glasnost and Perestroika are allegedly making life easier, the plight of the Soviet Jew, in many ways, has worsened. by Andrew Culbertson Managing Editor Dr. Shaposhnikov's (he has an MD and a Ph.D.) attempts to leave the Soviet Union began in 1974. In what he described as the last year of "free" emigration, he and his wife applied for an exit visa and were told, "Sure, you will be allowed to leave." The actual application not only involved a tremendous amount of paperwork, but also entailed some more substantial unpleasantries. One of the applications, a request that he wanted to leave his job, was merely an official way of saying "fire me." Since it generally takes a long time for all the paperwork to be processed, this means that many potential emigrants are jobless for quite awhile. Dr. Shaposhnikov claimed that he was fortunate, since he was "merely" demoted with a cut in salary. Another problem is that once you apply for an exit visa, you are considered a traitor. The attitude, according to Dr. Shaposhnikov, was that "this person was our friend, and now we see he wants to betray us." In December of 1979, several major events took place. First, the Soviet Union invaded Afghanistan. In response to this, President Carter decided to indefinitely delay ratification efforts of the SALT II "At this point, everything treaty. stopped," stated Dr. Shaposhnikov. Nearly two years elapsed, and there was no response to their original application. Upon petitioning the Politburo, they were given no reason for the delay, and were told simply that "you should live here." This non-responsiveness continued for nerarly eight years. At one point, Dr. Shaposhnikov stated, he was invited for discussions with lower government officials. They asked him why he wanted to leave, and warned that unless he stopped writing petitions, he would never leave the country. In 1987, in the wake of a more "liberal" emigration policy under Soviet leader Mikhail Gorbachev, a law was passed stating that all emigration petitions would be processed within six monthsofreceipt. This time, Dr. Shaposhnikov and his wife were permitted to leave the country. Three days before his scheduled departure, Dr. Shaposhnikov received a phone call from a former employer who told him that there were people who wanted to speak with him. At the same time, he realized that he was being watched by the KGB (soviet police). Through a series of clever moves, he was able to avoid being questioned by the KGB, and he and his wife finally left. Reflecting on why he decided to leave the Soviet Union, Dr. Shaposhnikov stated that the decision was due primarily SBA Announces New Policies for '89-90 The SBA and the Law School administration have jointly concluded that students posting flyers and signs will be limited to designated posting areas. No longer will it be Law School policy to allow posting on any available wall space. In the future, maintenance will be instructed to remove any posting not found in designated areas. At this time it has not been determined where those designated areas will be located. Both the SBA and the Administration are soliciting student input as to where they should be located. by Bruce Brown * News Editor pj.'j Two reasons were given for this decision. The first was the desire to prevent the disorderly appearance of posters everywhere which was termed "disgust- ing" by SBA president Kimi King. The other was the more tangible conclusion that the random posting can be destructive. This conclusion was reached after the tape holding up posters was found to be causing the newly painted columns on the first floor to peel. The Law School was then forced to re-paint them at a cost of twenty-five dollars an hour. Dr. Marlene Cook noted that this simple measure will help to prevent the Law School from having to absorb this type of expense. The SBA has also decided that student groups will no longer have access to copy machines and will have their copy facilities limitedto the more time consuming offset machines. This is a result of the overall SBA budget squeeze and the conclusion that many of the groups were burning up their resources in copying costs. to "the minor things that poison your life." For example, Jews are barred access to many of the top universities, and their membership within the Communist Party is strictly controlled (by a quota system). Dr. Shaposhnikov noted that he had once been offered a spot in the Party, but that he had declined. As he put it, "They wanted to make me into a poster boy, to show that there were Jews in the Communist Party." Although anti-Semitism is officially forbidden in the Soviet Union, it is still widely practiced. In the Republic of Moldavia, where the pogroms (the mass killing of Jews) of the early 1900s took place, Jews are afraid to go out in public on Fridays and Saturdays. Dr. Shaposhnikov was particularly critical of Glasnost, Gorbachev's official pol- tions. Mark Schlecter, an organizer of the demonstration, declared that this move signalled "A complete victory for the demonstrators." These sentiments were echoed by John Wiencek, a member of the Federalist Society. Wiencek expressed disappointment in the Dean: "Filvaroff waffled on this," he said, "and as a result, it was a total victory for the demonstrators." Another counter-demonstrator. Bill Cook, stated that he was: "Deeply distressed that a small group of students would take it upon themselves to arbitrarily and capriciously deny other law students the right to be informed about employment opportunities with the FBI, particularly on the nebulous but obviously trendy issue of sexual orientation." — — Sexual orientation was indeedthe main subject of concern in the question and answer period. When asked about its hiring policies concerning homosexuals, the FBI refused to give a straight answer. While Special Agent Langford denied that the FBI had a policy of not hiring gays and lesbians, his colleague. Special Agent Derm stated that the FBI may occasionaly 4 The Opinion April 26, 1989 Pressed further on the meaning of "consideration," Langford explained that what was really examined was the applicant's potential for sexual promiscuity. An overly lustful agent might be blackmailed or seduced into devolving highly sensitive information to the enemy. Lisa Morowitz, a member of the National Lawyers Guild, countered that an individual could sleep with dozens of people and not reveal anything, while another might sleep with only one person and yet reveal all. Law student Tim Jennings pointed out that he would be 35 upon graduation, and questioned the FBI policy of not hiring people over 35 as special agents. Langford replied that Federal Law prohibited such hiring. Jennings responded that the law was illogical, and that an Olympic athlete such as Bruce Jenner, who is over 35, would likely make a superior special agent over younger, less physically fit persons. Regarding their policy of not hiring handicapped individuals as special agents, Langford said that since the job he stated that this policy is only applied to speech that is unimportant. In other words, speech that criticizes the government is still not tolerated. One thing that Glasnost has managed to promote, however, is more vocal anti-Semitism throughout the country. Dr. Shaposhnikov's assessment of the future of the Soviet Union was not encouraging. "As long as Gorbachev needs outside help, he will make it seem like things are changing. In reality, the type of change the Western media has projected is impossible, at least in the foreseeable future." Great American Meat Out Comes To UB On Monday, March 20th, members of the Law Students for Animal Rights UB Chapter (LSAR) and the Buffalo Environmental Law Society (BELS) celebrated the "Great American Meatout," an event in which groups nationwide urged Americans to kick the meat habit for a day. The "Great American Meatout," modelled after the American Cancer Society's "Great American Smokeout" is coordinated by the Farm Animal Reform Movement (FARM), a national animal rights group. Since 1985, animal rights and environmental groups around the country have held demonstrations and various other events to promote vegetarianism and protest the killing of animals and destruction of natural resources which are the result of a meat-based diet. — by Michael D. Gurwitz Features Editor To celebrate the 1989 Meatout, LSAR, along with the undergraduate UB Animal Rights Group, set up display tables across from the law school library. One table was devoted to selling vegan (strictly vegetarian) cookies, and the other to literature regarding vegetarianism, factory farming, and the health effects of meat. A video was also shown that documented the abuse of egg-laying hens. The term "Farm Fresh Eggs" was proven to be thoroughly misleading, as today's modern eggs were shown to come from filthy factories where four to five chickens are crammed into battery cages the size of this newspaper when unfolded. Loretta Smith, a first-year student who participated in the event, explained her participation in this way: "I participated in the Great American Meatout to share with anyone who was interested that vegetarianism is not just a diet done for FBI take an individual's sexual orientation into "consideration." icy of "openness concerning the problems and short-comings of Soviet society." According to him, one of the supposed effects of Glasnost is the increased right to freedom of expression. However, 'health' or 'ethical' reasons but a practice of non-violence and compassion that spills over into all areas of one's life." In general, response was quite good, as hundreds of informative brochures were handed out. Many of the students who came up to the tables professed to being either vegetarians, or omnivores who ate very little meat. The most encouraging response, in this writer's opinion, was that practically everyone, even those who totally dismissed vegetarianism, admitted that they had eliminated, or drastically reduced, their consumption of red meat. Aside from obvious benefits to the cows who are not killed for their flesh, a reduction in the consumption of red meat reflects American's growing sophistication regarding the relationship between a meat-based diet and cardiovascular disease and cancer. The recent boycott by the European Economic Community of hormone-treated American beef highlights this awareness. It is also a boon to the environment. Millions of acres of forest and prairie land are converted into pasture for cattle. As concern increases over the Greenhouse Effectand Ozone depletion, ecologists are arguing that forests, especially rainforests, are crucial in regulating the planet's temperature. Cattle ranching is therefore a menace to all life on the planet. Wildlife also benefit from decreased beef consumption and production. Predators such as wolves, coyotes, bears, and mountain lions are constantly being shot or poisoned by ranchers, and, as the recent slaughter of bison from Yellowstone National Park demonstrates, other animals suffer as the cattlemen and their herds encroach upon the little that remains of America's wilderness. (See MEATOUT, page 10) from page 1 of a special agent is extremely dangerous, it would be unwise to hire a physically disabled individual. Langford pointed out that there were many other positions open to handicapped applicants, such as attorneys and support staff. Though the FBI agents flatly refuted that there was an official policy of discrimination against homosexuals, the demonstrators were not satisfied. Rob Davis, President of the Gay and Lesbian Student Organization, pointed out that if the issue of sexual promiscuity was aimed at homosexuals, it would be wise to re-examine that question in light of last year's scandal involving highly unauthorized lust between male U.S. Marines and female Soviets agents. Kirn Propeack, a member of the Women's Center and an organizer of the demonstration, summed up the day's events in this way: "Administrators apparently felt that they could overturn popular opinion on campus by sending the FBI, a discriminatory agency, to recruit in the law school. Students, through this demonstration, have indicated that they can effectively control their environment despite administrative rulings and actions." Davis went on to say that even if there was no official FBI policy against the hiring of homosexuals, there was enough unofficial intolerance for gays that he would hesitate to state his true sexuality on an application for fear of being rejected. Citing the blatantly anti-gay, racist tendencies of former FBI Director J.Edgar Hoover, Davis said that undoubtedly many gay agents remained closeted. He challenged Langford to bring an openly gay agent to the next recruiting effort. Langford replied that that decision was rather than the health and safety of the farmworkers," said Mark Schlecter. "The FSA's support of the grape boycott was based primarily on its concern for the health of its consumers, the University students. Nonetheless, the implication of its support is that we are rekindling the spirit of the first boycott, and advocating a conscious effort to understand what the use of these pesticides is doing to ourselves and the people who are actually working with it," commented Nathaniel Charney. up to the individual agent, obviously missing the point of Davis' challenge. Grapes from page I �La w Students Participate in Pro Choice March by Judith Buckley On April 8, 1989, two buses from the University of Buffalo Law School departed the Amherst Campus en route to Washington, D.C. to be among 600,000 participants who thronged the Capital in support of Women's Equality and Women's Lives. The UB buses were sponsored by the Association of Law Students and co-sponsored by the undergrad S.A. Women's Affairs. The April 9 march itself was organized nationally by the National Organization for Women (NOW), and had as its primary focus the support of a woman's right to choose for herself whether to carry her pregnancy to term or to end it early by having an abortion. The timing of this march was crucial, as it preceded the Supreme Court's April 26 consideration of Reproductive Health Services v. Webster, a case involving a Missouri statute that curtails a woman's decision over her reproductive capacity. The statute restricts abortion by 1) defining life as beginning at conception, 2) prohibiting abortions at public facilities or by public employees, 3) prohibiting the use of public funds to counsel a woman to have an abortion, and 4) requiring specific tests and findings concerning fetal inability for all the abortions after 19 weeks gestation. It was to demonstrate the overwhelming support of the American people for a woman's right to choose abortion, and to show that this majority opposes any narrowing of that right as threatened in Webster, that over half-amillion people marched on Washington. Efforts here at UB to send a contingent to the rally began in early March, with a Pro-Choice table set up outside the Law Library with informational literature and petitions supporting choice. The Association of Women Law Students sold buttons, flowers, baked goods, and, of course, bus tickets at $20.00 each to raise |J Jl UNIVMSITY AT BUFFALO StaleUmwsity ofNewYork T* J IVUi - � V V V > and , N* % i TheDon Davis 1 POWERi PRESIDENCY The Dtsllngutshed Speakers SerlesSSMS f Jimmy Carter nl I ■■ a red slash through it asserting "Never again!" The banner read "University Buffal for Pro Choice: We Are the Majority." At 11 p.m. the buses loaded 90 people aboard and departed. We were greeted in Washington by a partially sunny day and cherry blossoms just past their peak, but the crowd was at the highest pitch of excitement. We gathered at 11 a.m. on the lawn around the Washington monument, and stepped off into the thoroughfares by 1 p.m. People as far as the eye could see streamed into the streets, bearing banners proclaiming "Not the Church, Not the State, Women Must Decide Their Fate!" "Big Brother is Watching You!" It lE-' g0 Judith Buckley, student organizer of the Law School trip to Washington. i|, I * money to fund the buses. All told, AWLS raised about $2400 to make the trip possible. On Saturday night, on the eve of the march, UB participants gathered in Capen lobby to make posters and banners to carry at the demonstration. Slogans included "Be a voice for choice," "Keep your laws off my body," "No more back alley abortions!" and a coat hanger with ■■ President Thursday, May 4,1989 8:00 pm Alumni Arena Tickets are availtble at the Capen Hall Ticket Otlice. For mail arders pail markedafter Aartl 21st. under a picture of Uncle Sam. "My God says the Woman's Life Comes First." One of the most moving testimonies was a banner born by two young girls: "MY MOTHER HAD AN ILLEGAL ABORTION. I DON'T MISS THE BABY—I MISS MY MOTHER." The chant arose "What Do You Want PRO-CHOICE! When Do You Want It NOW!" and swelled as we approached Constitution Avenue. "Christians for Choice." Up 14th Street. "A Woman's Body is Not a National Resource." At the crossroads of 14th Street and Constitution, a young woman scurried up the street sign with her banner "Roe v. Wade, Must Not Fade," and led the crowd in chanting that slogan as we paused at the crossroads of our Constitutional rights to privacy. "Mind Your Own Body. I'll Mind Mine." Down Constitution Avenue. "Keep Your Laws Off My Body." Pause in front of the Department of Justice. "Sandra Day, She's the One, She'll Say 'No' for Everyone." Onward to the Capitol. "Mind Your Own Uterus." "Not Every Ejaculation Deserves a Name!" Another chant arose —"Pro Life, your name's a lie, You don't care if women die!" "Mormons for Choice." A Child in a backpack with a sign saying "I Was Born Happy, Healthy, and Wanted. Doesn't Every Baby Deserve the Same?" On the lawn surrounding the capitol building. "Menopausal Women, Nostalgic for Choice." "Ayatollah and Pro-Lifers Bomb Their Opponents." "Who Decides You or Them?" Collapse, exhausted, at the foot of the miniature Statue of Liberty, hostess to the banner "With Liberty and Justice for All." Not far away, on capitol grounds, antichoice demonstrators had erected 4,400 white crosses (and hurriedly added some Stars of David) supposed to represent the number of fetuses who die each day in the U.S. as a result of abortion. Pro-Choice demonstrators gave it a new interpretation the symbols represent the estimated 17,000 women who each year, before Roe v. Wade, died as a result of illegal abortion. Hundreds carried hangers as a symbol of their fears that a narrowing of Roe v. Wade would mean a return to illegal and dangerous abortions for desperate women. From where we stood, caught between the pro-choice marchers on one side and the anti-choice demonstrators on the other, we witnessed the confronation at its rawest. Anti-choicers, some dressed ridiculously in baby bonnets, were screaming about murdered babies, while on the other side, women and some men screamed back about murdered and mutilated women. Religion entered the fray, as the anti-choicers raised theirBibles and uttered their prayers, while their opponents retorted that religious views should not be forced on anyone, or that there was no such thing as God. — — — — — From the steps of the Capitol, Molly Yard, President of NOW, addressed the crowd: "It's time for Congress to understand that we are the majority.'' The Reverend Jesse Jackson appeared and spoke in support of a woman's moral right to choose. Congressperson Pat Schroeder, in a stab at the Vice President, joked: "Dan Quayle thinks Roe and Wade are alternate methods to cross the Potomac," Cybill Shepherd took the stage in support of choice. Eleanor Smeal, President of the Fund for the Feminist Majority, declared: "We're not killing babies, we're not killing We're saving women's lives." anyone Judy Collins sang "Bread and Roses" and invited the audience to sing with her, "Amazing Grace," which brought tears to many eyes. Whoopi Goldberg, stated that "Hangers as an alternative are wrong," and declared that if the Supreme Court overrules Roe there will be a revolution across the land that will tear down this government. She then led the crowd in what can only be described as a roar that rang the capital, "NEVER AGAIN!!!" About 4:30 p.m. the crowd began to disperse. Delegations from Kentucky, Missouri, and Ohio began to leave. There were participants who traveled on buses from as far away as Maine and Alaska (they were probably in D.C. anyway, protesting Exxon). Secret Service people and plain clothes police were everywhere, but even by the end of the day only minor skirmishes had broken out between prochoice activists and counter de- .. monstrators. UB buses were scheduled to depart at 7:30, and the tired yet fulfilled Buffalonians came back to the parking lot sporadically. We were female and male, UB law students, undergraduates. Women's Studies students and staff members. We had a twelve-year old and even a two-year old toddler-for-choice. We finally left D.C. around 8 p.m., but not before drivers Fran and Bill donnedbuttons and tee shirts for choice. On the return trip, organizers passed out post cards for people to write their New York State representatives to asking them to support Medicaid-funded abortion, or to write in protest to U.S. Representative John J. LaFalce, who is heading a group of House Democrats who want the party to scrap its pro-choice platform plank. Arrival in Buffalo was at 6:30 a.m. Monday, with snow and cold winds chilling" us back to routine reality. Now that the dust has settled on the anxiety and preparation for this successful trip, I would personally like to thank every student group who contributed funds, every participant, every buyer of buttons or flowers, and especially each and every student who contributed time and energy to sitting at the Pro-Choice tablefor making this momentous political experience possible. Phi Delta Phi To Sponsor Race Judicata by Jim Rivard Membership, following the Buffalo Model, is open to all students regardless of class ranking. Come out and run, or just take a breather, next Wednesday from 3:30 to 5 PM at the first floor lounge. Carl Neidermeyer and other members of the fraternity will have pertinent race details. See you there. On Wednesday, April 26 at 4 PM, 1.5 mile and 3.0 mile races will be held on campus for all law students. In addition, all students, faculty and staff are encouraged to cheer on their favorites and take part in the festivities. Refreshments and munchies will be provided by Phi Delta Phi from 3:30 to 5 PM in the first floor lounge. This will be an opportunity to establish school spirit and build rapport among our diverse membership. Awards will be presented at the conclusion of the races in various categories and race T-shirts will be available to those interested. Sign-ups will be conducted during the next week and students may indicate if they would like a shirt. The race is an annual event here with good participation among the runners here in the law school. The sponsor, Phi Delta Phi International Legal Fraternity is an honors society dedicated to promoting high ethical standards within the legal profession. Phi Delta Phi was established nine years before the American Bar Association, in 1869 and has over 150 chap- CLASSES OF 1990 AND 1991: To compete for a place on ÜB's Jessup International Moot Court Team you must arrange to receive the research materials ($l2) and intramural problem for the Memorial (international term for "brief") Preparation in August. Memorials and oral arguments will be judged in early September —so tell us before you leave for the summer where we should mail your materials in July. Respond to Box #47. Don't miss out on this world-class op- ters. portunity! Jessup Moot Court News April 26,1989 The Opinion 5 �opimonJßl" STATE lINIVERSITY OF NEW YORK ATRl IFFALOSCHOOL OF LAW Volume 30, No. 1 April 26, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Eeatures Editor: Michael Gurwitz Photography Editor: Jeff Markello The Spending A Life in the Law As lawyers, you will be the objects of admiration and cynicism. The legal profession today offers ample justification for both. One thing is clear: it needs the best you can give it. Those to whom being a lawyer is just the means to personal wealth and power may gain both, but they will miss many of the satisfactions the profession offers. Think about yourselves as lawyers in three different, but closely related, roles. First, you will represent people with difficulties and fears that overwhelm them and who will turn to you for help in making their way through a maze of rules and institutions. For the poor, this means confronting the landlord who will not provide heat or remove lead paint, the local welfare office that has cut off benefits or a social service agency that threatens to remove a child from a parent who lacks the knowledge or strength to fight back. Even for those who can pay a fee, the events that call for a lawyer are often intimidating — a nasty lawsuit, the potential loss of one's business, a marital breakup or trouble with a government agency. Whether you are in private practice, government or a legal office, you will have the special responsibility of dealing with people when they are most vulnerable, and will enjoy the special satisfaction that comes from providing help when it is most needed. Second, as a lawyer you can be an adventurer, or joint venturer with others, in seeking needed changes in laws, legal processes, the legal profession — and in society. Almost every major public issue involves law, and some of your predecessors have played heroic roles in such quests as those for racial equality, for arms control, for children's rights, for environmental protection and for international human rights. None of those issues are behind us. Within the legal system, your generation must deal with courts that are increasingly overwhelmed by caseloads and with the need, as a matter of simple fairness, to provide legal assistance to the poor. And the legal profession itself is undergoing fundamental changes as large law firms get larger, the competition for legal business gets fiercer and pressure increases to find alternatives to litigation for resolving disputes. Third, think of yourselves as intellectuals who bring creative abilities and imagination to the solution of difficult problems. One of the great pleasures of being a lawyer is seeing hard thinking translated into the results you are seeking for your clients. Whether you are planning a complex corporate merger, writing a brief for an appellate court or seeking to persuade a judge to place a convicted defendant on probation, you should bring to the task all the intellectual power and craftsmanship of which you are capable. I hope your life in the law will enable you to see yourselves as respected and independent professionals. During the current controversy about whether a lawyer must divulge a client's commission, or planned commission, of a crime, it is often asked whether a lawyer is just a "hired gun." That expresses the issue too narrowly. What is really at stake is your integrity. You will have to develop your own standards of what you will and will not do, and be ready to be judged by them. Some of the issues will be agonizingly difficult. In particular cases, you may find the interests of a client conflict with your view of the public interest or your sense of justice. More broadly, you will have to decide to what you are willing to devote your talents. Whether you are working in private practice or public service, in small or large offices, you will share responsibility for the processes of justice that are a measure of the decency of a society. It is only fair that you carry this responsibility. If lawyers who build their livelihoods on those processes are not morally obliged to serve as their guardians, then who does have that obligation? Ted Baecher, Lenny Cooper, Dennis Fordham, Eric Katz Jennifer Latham, Jim Monroe, Alice Patterson Contributors: Judy Buckley, llene Fleishmann, Gary Hall, Daniel Ibarrando Cruz, Troy Oechsner, Jim Rivard Staff: Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 14260 The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non profit organization, third class postage entned at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion 6 April 26,1989 Mailbox: Albert Attacks Faculty Statement Opponent's "Battle Field Mentality" Dear Editor, Long experience persuades me that it is not profitable to argue or reason with Professor Barry. Indeed the attempt poses hazards, inaccurate attribution being one of them. During Barry's unscheduled, uninvited and exasperating visit to my office recently (his assertion of 13 months of prodding is an uncharacteristic understatement), I did not, say anything very similar to what he recollects in his letter. Instead I informed him that the task was complicated and asked for patience. But the task for Professor Barry is very simple repudiation of the "infamous paragraph" and patience obviously is in exceedingly short supply. — Editorial Opinion — Student Attacks "Independent Journal" Dear Editor, Since the editors of the "Independent Journal" hid behind anonymity like a scared child hides behind his mommy, I am forced to respond to them indirectly through The Opinion. Public anti-gay rhetoric usually belies a troubled sexual history. Check your facts. Just as being married doesn't mean being straight, justsaying you hategays doesn't mean that you're straight. History is full of self-loathing homosexuals. Roy Cohn bashed gays publicly and denied his sexuality right until his death from AIDS. Terry Dolan the founder of the first political action committee, NCPAC, fought against gay rights until the day he died from AIDS. These people weren't hemophiliacs or intervenous drug users, these people were gay. So was at least one of the editors of the Journal." "Independent Alexander Hamilton had many male lovers and wrotemumerous love letters to men. So much for original intent. Rob Davis, GLSO What is truly troubling in Barry's letter, however, is his preferred role as leader of the true believers in a holy war against the law faculty's modest effort to prevent the law school from being a place of insult, humiliation, and indignity associated with racism, sexism, and their kin. Barry's vision of this effort (what he joins in calling a "dirty, little secret") as unmitigated evil and of the university as a sacred haven for verbal assaults is scary. That his clarion call to arms is replete with strident, rhetoric, messianic fervor, ad hominem accusation (imposing economic and social orthodoxy is the law faculty's real purpose) and ranging misinterpretation should terrify all of us. Ironically (and regrettably), his norms are not those of a university, but of a battlefield. Sincerely, Lee Albert Professor of Law Critical Legal Studies Debate Dear Editor, I am writing this to invite the Law School community to participate in an event which is unusual for our school. On Wednesday April 26, 1989 at 5:00 pm in Room 106, Professor Alan Freeman, U.B. Law School, will debateProfessor Jeremy Rabkin, Cornell School of Government, on the Critical Legal Studies analysis of the Public-Private distinction in our society. At this school we frequently hear Critical Legal Studies discussed, however, we rarely hear an opposing viewpoint and even more rarely a debate on the topic. I urge everyone to participate in this event, which is sponsored by the Federalist Society. Dean Filvaroff will moderate and a reception will follow. Yours truly, James H. Hayden Students Speak Out Against FBI Discrimination Policy Dear Editor, On Tuesday, April 18th, the FBI was scheduled to recruit at the UB Campus in O'Brian Hall under the auspices of theLaw School Career Development Office (CDO). One hundred students, both undergraduate and graduate, showed up a halfhour before the scheduled presentation and blocked the doors to the room. Indeed, two hours later Dean Filvaroff announced that the FBI had given up their plan to recruit. The protest moved up to the fifth floor, where there was a dialogue between concerned students and the FBI about the FBl's hiring practices. The successful action in front of room 108 O'Brian was not an action against the military nor was it an action against the FBI. IT WAS AN ACTION AGAINST DISCRIMINATION. A Federal District Court Judge in Texas, in September of 1988, determined that the FBI discriminates against people of Hispanic origin in their personnel practices. In addition, the FBI discriminates against gays and lesbians in their hiring practices. This is not a free speech issue. The FBI or any other discriminatory agency or law firm may speak on campus, they may try to justify their practices or they may debate us on the merits of their policies. The key is that they may not do it with our money. OUR MONEY. The issue is not free speech. No one is stopping anyone from speaking. The issue is the use of University Community money to promote discriminatory hiring practices. This we will not tolerate. thing we will never have to deal with. BUT, for some of our fellow students, members of OUR COMMUNITY, discrimination is somehting they live with every day. It is appalling that the University would allow the CDO to use student's tuition money, our money, the communities money, to promote practices that discriminate against members of our community. By having the FBI recruit in O'Brian, sponsored by the CDO, we are funding discrimination against ourselves. It is an atrocious thought. Luckily, we organized and successfully kept that from happening. THIS TIME. The struggle will not end with this successful action. The struggle for anti-discrimination will never end. But, that does not mean that we won't continue to fight for change in our University, to reflect the attitude of the community it serves, thereby, hoping to effect change in the greater community around us. The action that stalled the racist and discriminatory hiring practices of the FBI should serve as a reminder of the work that needs to be done. It is up to us to compell the University as a whole, and in particular President Sample, to adopt an anti-discrimination policy that protects our community. We will not tolerate discrimination against any members off our community. ANY MEMBERS. Discrimination against a single member of our community is discrimination against our entire community. For the vast majority of the population at the University, discrimination is some- Nathaniel Charny Patrick Reidy �More From The Opinion Mailbox... Registration Flawed Students Demand Dean Filvaroff's Resignation Dear Dean Filvaroff: We, the undersigned law students, watched with dismay the events surrounding the FBI recruitment session on April 18, 1989. We watched a radical group of student demonstrators physically block the entrance to the room where the recruitment was to take place. These demonstrators crooned incantations about the alleged discriminatory policies of the FBI all thewhile citing provisions of the ill-fated Faculty (Marcus) Resolution amending the law school's anti-discrimination policy. Although we fully support these demonstrators' freedom of speech, we are outraged by your actions (or lack thereof) in what amounts to a de facto re-enforcement of the same Exiting ukase which President Sample declared "inconsistent" with University recruitment policy. As dean and agent of the University, you have the duty to enforce and, indeed, promote the University recruitment policy; rather, you permitted this group of demonstrators to hold the law student body hostage to their interpretation of University policy and dictate the terms on which the FBI may recruit at the law school. In addition, after having successfully petitioned the President on just this issue, we fail to understand why you see fit to disregard the President's order. Further, this incident was but a culmination of a series of prior events which illus- trate your insensitivity to other viewpoints within the student body. Specifically, we note your actions in the JAG fiasco and the still in-effect Faculty Statement on Tolerance. Finally, given your demonstratedinsensitivity and witting disregard of University policy, we believe there is no other recourse. Therefore, we hereby demand your resignation forthwith and thus urge President Sample to appoint a competent administrator who will enforce University policy. Sincerely, John S. Wiencek Daniel P. Majchrzak Editor-in-Chief Bids It has been an exciting and challenging three years working with the staff and board members of The Opinion. Working with a media enterprise such as a newspaper, the only private enterprise with specific constitutional protections, is a job that calls for a deep understanding of the role of the media in our community and society in general. Be it by publishing newsbreaking stories or exposure to an organization's event, providing a forum for opinions or raising the consciousness of our readership via analysis of legal issues, I hope that The Opinion did its best in balancing viewpoints in these and other endeavors. This past year we were able to take The Opinion to a national level. It is my belief that our exposure on this level is in unison with the national reputation of our law school. The Opinion is mailed and subscribed to by numerous law firms and practitioners who want to know what law students at UB are thinking about. It is also mailed to numerous law schools from New York to California on an exchange basis. This exchange has provided our law student body and faculty with the awareness of occurrences at other schools that may aid in the development or promotion of our own policies or agenda. Thus, we presented the "Across The Nation" column to the UB legal community. Daniel Ibarrondo Cruz, exiting Editor-in-Chief In the past. The Opinion has been instrumental in saving the Immigration Law clinic and providing insight, via our law school student newspaper exchange program, on the development of our faculty statement and numerous other items of concern. It has also been instrumental in the hiring of minority and women law Dear Editor, Last week's sudden release of next fall's academic schedule was flawed in two respects. First, the "First come first served" nature of registration makes it difficult to take the time to properly investigate classes and professors, adding an unneccesary element of randomness to the process. We should have had the schedule at least a day or two before registration. Second, the timing of the registration showed a distinct lack of sensitivity to Jewish law students. I'm sure that my friend who went home for Passover is going to be disappointed to find that he is now last in line for classes next semester. I doubt that he expected more bitter herbs from records and registration. Bruce Brown UB Farewell professors. I hope that The Opinion continues to be used by the entire student body as a forum to advocate other programs and concerns, such as the establishmentof an EnvironmentalLawclinic. The goal that I have set for The Opinion this past year called for the publication of articles containing analysis of contemporary legal trends and cases. Be it by substantive legal analysis as in the case of Runyon v. McCrary or Roe v. Wade or in broader and creative legal issues such as the JAG Corps issue, it was our policy and priority to publish articles with group ramifications over those of personal concern. This was a vast departure from previous administrative policies concerning publication of articles. It is my belief that as law students we should spend the time to report, write and publish legal analysis of issues and utilize the tools of our profession while in law school. This policy was not easily taken by some law student organizations that in the past had regular columns on their groups' activities or their leaders' concerns. The law student newspaper should not be a vehicle to serve the interests of a particular group or groups. In the end, all law student organizations were given exposure and the opportunity to air their viewpoints. The feedback that the law students and faculty provided on each of our bi-weekly issues was extremely useful. I believe we have set a standard for The Opinion and that this standard reflects the abundant amount of knowledge, viewpoints and ex- change of ideas that permeate through the walls of O'Brian Hall. Clearly, the high goals that were set could not have been started and implemented without the help of Donna Crumlish, Andrew Culbertson, Maria Rivera, Alexei Schacht, Damon Scrota, Jeff Markello, staff writers, and numerous contributors. I would also like to take this opportunity to thank Mary Jo and Wayne from Words & Graphics, our printers, for their patience and ability to work with a group of high stress law students. Serving UB Law School as Editor-inChief of The Opinion has been a wonderful experience. The opportunity to express my love for research, reporting and writing via The Opinion has made my law school education a rewarding one. I hope our readership has enjoyed my editorials on legal trends, the profession and the roles of lawyers in our society. I congratulate the graduating Class of 1989 and hope you enjoy my last editorial in this issue of The Opinion. TheAbortion Struggle: Keep It Safe, Keep It Legal "Not the Church, Not the State, Women Must Decide Their Fate." Today the Supreme Court will review Webster v. Reproductive Health Services, a case which involves severe limitations on a woman's access to safe and legal abortions. This represents the first significant potential challenge to a woman's right to a legal abortion since the 1973 decision of Roe v. Wade. The Reagan-packed Court must not be allowed to steal one inch of this fundamental right of privacy. A woman must have the right to control her own body. No one, not President Bush, not William Rehnquist, not Jerry Falwell, and not Terry Randall, no one can force a woman to endure nine months of pregnancy and bear a child if she chooses not to. by Michael D. Gurwitz Features Editor I have been a pro-choice escort and I marched in Washington on April 9th. I have seen the anti-abortion forces, and one thing which I encountered time and time again is that it is men who are the leaders, men who are the loudest, and men who will impose their physical bulk on women trying to get into clinics. These men will never get pregnant, yetthey seek to force pregnancy on others. A man has exactly two justifiable options regarding abortion. He can keep his opinions to himself, or he can join pro-choice women in keeping their rights intact. Anything else is just another example of male domination, and this world has had more than enough of that. Lest we smirk at the notion that the antiabortion movement represents an attack on women's equal rights, considerthefollowing: as a result of the push for "fetal rights," women are being forced to undergo caesarian sections, even when it is not necessary, and even when the women state in no uncertain terms that no, they do not want to be cut open. In one case in Chicago in 1984, a hospitalized woman refused to consent to a caesarian section. Her husband was forcibly removed from the hospital, and the woman was literally tied down to a bed. The surgery was performed against her will. This obscenity was done in the name of the fetus' rights. What about the woman's rights!? In another case, a fifteen year-old girl who became pregnant after being gang raped was denied public funds for an abortion. Again, the value of a woman's life was made subservient to the value of the fetus within her body. This country gives millions to Nicaraguans so that they can kill other Nicaraguans. Billions are wasted on nuclear weapons which can never be used, while our fellow citizens die in the streets for lack of affordable housing (What are the nuclear weapons for, to protect citizens' rights to starve or freeze to death?). We will spend billions of dollars on death and destruction, and yet we are unwilling to give $500 to a teenage girl so that she can abort the product of a gang-rape. This is not ProLife. This is President Reagan, and President Bush, and Phyllis Schlafly, and Jesse Helms. This is their philosophy. This is Pro-Death. It is understandable that some people, especially the religious, view abortion as murder. It is undeniable that a life is being terminated. For those who believe that this life represents a baby, abortion is a holocaust which they have no choice but to oppose. I sympathize with them, and it pains me to see them in spiritual pain. But their religion, their morality, cannot be imposed on the rest of us. We are not all Christians, we are not all Jews, we are not all Muslims. Many of us are atheists. Our constitution is explicit in its separation of church and state. One need look no further than Iran to see what happens when that division is destroyed. Yet there are those in government who would transform America into a theocracy. These villains, currently extreme right wing members of the Republican party, seek to introduce a bill which would proclaim the United States a Christian nation, subject to the absolute law of the bible. This in itself is cause for concern, but it becomes extremely disturbing when a Supreme Court justice, namely Sandra Day O'Connor, signs a letter endorsing such a bill. It is obvious that Ms. O'Connor has much to learn about the Constitution. Perhaps she should go back to law school to remedy her grave ignorance of the law. Conventional wisdom has it that O'Connor could be the swing vote should the Court review Roe. Could be? Much better to keep eyes on Antonin Scalia. He recently spoke out against President BushReagan's insane program of mandatory drug testing. If he can actually maintain such an altitude above the sleaze from whence he was appointed, Scalia might prove to be a hero in the upcoming Webster decision. But if I was a woman, I wouldn't bet my life on it. With a hostile Administration, and a regressive Supreme Court, women and men who believe in freedom of choice must take active roles in fighting the antiabortion forces, particularly Project Rescue. A pregnant woman should not have to run a gauntlet of screaming, praying religious fanatics to gain access to safe medical care. The aggressiveness with which Project Rescue besieges clinics should be matched, no, surpassed, by pro-choice activists. What is at stake, and what is at odds with Project Rescue's banner of "Pro-Life," are the lives of millions of women who have abortions every year in this country. Outlaw safe and legal abortions, and you will guarantee thousands of deadand mutilated women. This cannot be ignored. The coat hanger, a symbol of abortion rights advocates, was truly once used by women desperate to end their pregnancies. Project Rescue's photos of bloody fetuses, while disturbing, are nothing compared to police photographs of dead, nude women with blood dripping out of their crotches. That is the true agenda of Project Rescue. If the Supreme Court chooses to rape women of the right to control their own bodies, then the Supreme Court be damned. Too many women and men have fought for abortion rights. Too many women have died because they were de nied decent medical care. We will not return to forced pregnancies! We will not return to ruined lives! We will not return to the back-alley butcher! We will not return to the coat hanger! NEVER AGAIN! April 26, 1989 The Opinion 7 �GET THE KAPLAN-SMH EDGE ATTENTION U.B. LAW STUDENTS JULY 1988 BAR RESULTS N.Y. STATE 64% PASS RATE KAPLAN/SMH STUDENTS AT U.B. LAW SCHOOL 90% + PASS RATE FOR THE NEW YORK BAR EXAM YOU ONL V WANT TO DO IT ONCE! DO IT RIGHT THE FIRST TIME! Over 100 Centers Nationwide Offering Complete Preparation For The Bar Exams Of: CA, CO, CT, DC, FL, IL, MA, MD, ME, Ml, NH, NJ, NM, NY, PA, Rl, TX, VA and VT |J lM STANLEY H. I nKAPIAN'SMH REVIEW SERVICES Rk. BAR (800) KAP-TEST The Opinion 8 April 26,1989 [~ lS£fp To™J zz:~Msos, ' ,d a (716) 837-8022 (800)343-9188 L___ 89i7 �University Alumni To Honor Local Attorneys by llene Fleischmann Law Alumni Director Four outstanding Buffalo attorneys will be honored by alumni of the University at Buffalo School of Law on Friday, May 19,1989when the UB Law Alumni Association holds its 27th Annual Meeting and Dinner. pellate Division, Fourth Department. This year, he was reelected a Supreme Court Justice and reappointed by Gov. Cuomo. Justice Callahan was a founding member of the Executive Committee of theBuffalo Naval and Servicemen's Park and was chairman of the Children's Court Committee and Family Law Committee of the Erie County Bar Association, among numerous other activities. Jay, a private practitioner, has been a champion of civil liberties in Buffalo over the past two decades. A 1964 graduate of the University at Buffalo and a 1966 graduate of UB Law School, he is currently a director of the New York Civil Managers of the Erie County Historical Society, a director of the Red Cross, a member of The Women's Group, the Women's Financial Planning Committee Foundation for Jewish Philanthropies, and the National Executive Council American Jewish Committee. berger Land Surveyor, Barrister Information Systems Corporation, Frank R. Papa National Fire Adjustment Company and the accounting firm of Lathan, Lumsden, McCormick & Co. Michael Swart and Jean Powers are cochairs of the event. Serving on their committee are Arthur A. Russ, Jr., Sharyn Rodgers, and Thomas Ward. Reunion classes are 1929, 1934, 1939, 1944, 1949, 1954, 1959, 1964, 1969, 1974, 1979, 1984. Special seating will be arranged and class pictures will be taken. Liberties Union and the Erie County Bar Association Volunteer Lawyers Project. Hon. John T. Callahan The event will be held at the Buffalo Waterfront Hilton at 5:30 P.M., to be followed by cocktails at 6:00 P.M. and dinner at 7:00 P.M. It is the Association's major fund-raising project. Joseph G. Makowski, president of the Law Alumni Association, will present 1989 Distinguished Alumni Awards to Hon. John J. Callahan, who will be cited "for his conscientious performance in the judiciary." David G. Jay will be honored "for enhancing the image of the private practitioner." State Senator Dale M. Volker will receive his award "for his leadership and commitment to public service," and Sue S. Gardner "for her many contributions to the betterment of our community." Justice Callahan is presently senior associate Justice of the Supreme Court, Appellate Division, Fourth Department. A 1951 graduate of St. Bonaventure University and a 1954 graduate of UB Law, he was a trial lawyer for 20 years and a Confidential Clerkto Hon. Ann T. Mikoll before he was elected a Supreme Court Justice for the Eighth Judicial District in 1975. In 1978, Gov. Carey appointed him an associate Justice of theSupreme Court, Ap- State Senator Volker (59th District) graduated from Canisius College in 1963. He worked as a police officer in the Village of Depew while attending UB Law, from which he graduated in 1966. He was elected to the Assembly in 1972, then won a special election to the State Senate three years later. Currently Chairman of the Standing Committee on Codes, he is also a member of various senate task forces on volunteer emergency services, asbestos and drunk driving. Sue S. Gardner All graduates and friends of UB Law School are invited to attend. The cost is $40 per person. Proceeds will benefit the work of the Alumni Association. Please make your check payable to the UB Law Alumni Association and mail it to Arthur A. Russ, Jr., 2100 Empire Tower, Buffalo, NY 14202. Dale M. Volcker Sponsors for the dinner include: Manufacturers and Traders Trust Company, Ticor Title Guarantee Co., R. L. Sonnen- A limited number of scholarships are available for law students, compliments of local firms. If you wish to attend, please sign up with Pat Warrington in the alumi office. Room 320. The Opinion Says Goodbye To Graduating Editors The staff writers and board members of The Opinion would like to wish good luck to two graduating members of the editorial board. Editor-in-Chief Daniel Ibarrondo Cruz and News Editor Alexei Schacht will be graduating in May. David G. Jay Mrs. Gardner is a partner in the law firm of Kavinoky & Cook. A 1952 graduate of Smith College and a 1976 graduate of UB Law, she was chairperson of the American Red Cross, Buffalo Chapterfrom 1984 to '86. She is presently on the Board of Dan has been an inspiration to all involved with The Opinion over the past three years. He joined The Opinion in his Alexei, the master of quick wit, has done an excellent job as our News Editor. The high quality of his articles has been a positive reflection on the school and he has set a high journalistic standard which the rest of us hope to achieve. The Opinion would also like to introduce its editorial board for the 1989-90 school year. Donna Crumlish will be serving as Editor-in-Chief, Andrew Culbertson UB Recyclers Reach Milestone The UB Recyclers, SUNY Buffalo's paper recycling program, is pleased to announce that it has passed an important milestone, having recently recycled its 100th ton of paper. This is equivalent to saving 1,700 trees. "Paper recycling has numerous environmental benefits," said Mike Mancuso, one of three student coordinators for the program. "Besides saving trees, paper recycling saves energy and water and reduces air and water pollution when compared to making paper from virgin wood pulp." "As solid waste disposal becomes more of a problem across New York State, recycling presents a viable alternative," noted Glynnis Collins, another UB Recyclers coordinator. "Landfills present a threat to ground water and are in short supply; and incineration can produce air pollution and toxic ash." The UB Recyclers was founded in February of 1988. It is a student-run operation which is supported by SUNY Buffalo's Office of Physical Facilities and maintenance departments. Students participate as volunteers, interns and through work study. Over 50 students have been involved. Paper is collected in 20 buildings on both ÜB's North and South Campuses. The paperis sorted into various grades including computer paper and white and colored office ledger and then sold to a local recycling company. Typically, 2-4 tons of paper are collected, processed and recycled each week. Student coordinator Scott Sackett points out that, "paper recycling is a satisfying activity because it's tangible, handson and you can really see what you're accomplishing." But the UB Recyclers try to do more than just recycle campus waste paper. "We'd like to expand the recycling program and eliminate waste in the first place," said Sackett. "We also feel a need to speak to the larger environmental issues; conservation is a way of life." For more information, call Walter Simpson, SUNY Buffalo's Energy Officer, at 636-3636. — — The Opinion Editors and Staff first year of law school and wrote regularly. Dan became Features Editor in his second year and started the popular Res Ipsa Loquitor column. As Editor-in-Chief in his third year, Dan has been a fearless leader. He was successful in upgrading the quality of The Opinion and distributing it on a national level. As a result, law schools across the country are more familiar with our law school and some law school newspapers have reprinted stories on UB Law in their own papers. will serve as Managing Editor, Maria Rivera will continue to serve in the highly stressful position of Business Manager, Jeff Markello also retains his position as Photography Editor, and first year students Michael Gurwitz and Bruce Brown join the Board as Features Editor and News Editor, respectively. The Opinion would like to thank everyone who has contributed to the newspaper throughout the year and offers best wishes to the Class of 1989. UB Law Professors To Create Radio Series on Legal Issues In honor of the 100th commencement of the University at Buffalo School of Law, UB law professors have created a special radio series that will be aired throughout the month of May on WBFO-88.7 FM. WBFO is the public radio station of the University at Bufflao. Topics will focus on legal issues in the news. The series will air on Tuesday and Thursday mornings at 7:35 A.M. during the regularly scheduled "Morning Edition" show and again at 12:30 P.M. during "Fresh Air." The schedule for the law series is: May 2: "State Secrets in Criminal Trials," presented by GeorgeKannar May 4: "The Future of Roe v. Wade," presented by Isabel Marcus May 9: "Community Participation in Economic Development," presented by Peter Pitegoff May 11: "The Debate Over Capital Gains," presented by VictorThuronyi May 16: "Soviet Law in the Age of Perestroika," presented by Marjorie Girth May 18: "Litigating for DES Victims," presented by Lucinda Finley May 23: "Implications for Free Trade in the Buffalo Area," presented by Thomas Headrick May 25: "Cleaning Up the Buffalo River and the Great Lakes," presented by Barry Boyer May 30: "Juvenile Responsibility and the Schism Within the ACLU," presented by Alan Freeman June 1: "Euthanasia and Medical Ethics," presented by Lee Albert April 26,1989 The Opinion 9 �Feminization of Poverty Subject ofLecture "Impediments To The Status Of Women" was the final topic of discussion in a series of Brown Bag Lunches held throughout the year, hosted by the Association of Women Law Students. Ms. Shirley T. Joseph, Executive Director of the Erie County Commission on the Status of Women, was a member of Erie County's Task Force of the Status of Women when it was appointed by County Executive Edward Rutkowski in 1985. by Alice Patterson Staff Writer At all economic levels throughout Erie County, a lack of sensitivity to women's concerns causes unnecessary hardship and increases the difficulty for an individual woman who is trying to function to the best of her ability. The lower a woman's income, the greater are the hardships with which she must cope. Understanding the "feminization of poverty" is essential. Data collected from the 1980 census reveals that there were 42,884 families in Erie County headed by females with no husband present. This represents 16.2 percent of all households in the county. Sixty-one percent of these female-headed households have incomes below the poverty level. The proportion of female-headed households living in poverty is higher in Erie County than it is in New York State as a whole. Nearly six out of every ten households living in or near poverty in Erie County are headed by females. The incidence of poverty is particulary high among minority households. Seventy-five percent of the 9,916 black families with incomes below the poverty threshold are headed by women, as were sixty-one and a half percent of all Spanish-origin families. Seen at the national level, 38% of all female-headed households are living in poverty, however, the poverty levels among black and Spanish-origin female headed households are 62.2% and 68.8% respectively. Women of one-family households are impeded by the welfare trap. Women are trapped by a combination of disincentives that make it extremely difficult for them to move from the welfare rolls to employment opportunities. An increasing proportion of available positions either pay low wages or are part-time. Consequently, the availablity of employer-paid medical benefits to workers, especially those dominated by women in the clerical, sales, and service postions are decreasing. Women cannot afford to take low-paid positions if they will lose the medical benefits public assistance provides. Accessible, affordable, quality child care is yet another impediment that women face. Very few female-headed households receive any subsidation for child care. Women are either unable to pay for child care or are unwilling to place Law Students Invited To Gender Bias Seminar The Women's Bar Association of the State of New York, Western New York Chapter, will sponsor a seminar, "Gender Bias: Courting Injustice," on Thursday, April 27, 1989, at 5:30 p.m. at the Buffalo Convention Center, announced Chapter President Ann E. Evanko, Esq. Co-sponsors of the event are the Committee to Implement the Recommendations of the New York Task Force Report on Women in the Courts and the Erie County Bar Association's Committee on Women in the Courts. The program will include opening remarks by the Honorable M. Dolores Denman, Associate Justice, Appellate Division, Fourth Department, New York State Supreme Court, who will discuss gender bias in the courts. Attorney Grace Marie Ange, Chair of the Erie County Bar Association's Committee on Women in the Courts, will review the committee's progress. The evening will conclude with a videotape and panel discussion focusing on incidents of gender bias in the judicial sys- UMOJA Debuts At Cornell Theatre by Daniel Ibarrondo Cruz It was dancing, monologues, skits, singing, music and fashion. It was laughter, sadness, joy, contemplation and thought provoking. Umoja: Unity Through Self Expression was clearly a fine entertainment show directed and performed by law students. Umoja was performed for the first time at the Katherine Cornell Theatre at UB before a crowd of more than 200 people. The evening event, held on March 10th, was filled with more than three hours of entertainment. The show began with a song solo by Delise Brown who sang "The Greatest Love of All" recorded by singer Whitney Houston. The crowd was truly impressed by Ms. Brown's heartwarming rendition. It was a whirlwind tour through Afro/ Caribbean sounds. The various musical notes were abundant throughout the walls of the Katherine Cornell Theatre as the crowd was smoothed by the the jazzy tunes of the Buffalo Black Musicians Club and taken to the heights of the Caribbean islands by the steel drum contemporary American renditions performed by musician Doreen Thomas. Also included as part of the three hour evening's entertainment package was a fashion show choreographed by Jennifer Prescod and moderated by Coleen Johnson, poetry readings by Ayanna Brown and a monologue by Aldrick Freeman telling of the experiences of a black lawyer demonstrating for civil rights. The musical performances included uplifting Gospel tunes by Linda Croft. The highlight, however, of the musical tour was provided by the dancers and drummers of the African American Cultural Center. In what seemed to be a historical trek backwards towards the origins of Afro-American music and its influence on American culture and society, the African drum sounds and dance movements allowed us to appreciate the essence of Umoja's theme.These dancers and drummers, under the directrion of Ronnie Latham, sent musical notes through the vein of all the attendees. The feature performance of the evening was that of Umoja, the dance troupe composed of law students Onnie Barnes, Beverly Bretton, Mushiya Kabemba, Jennifer Prescod, Yvette Robertson and Tuwanda Rush. Paul Williams also assisted the dance troupe. Umoja, the dance troupe, performed a dance entitled "Funga" with the African American Cultural Center Dancers & Drummers. They clearly deserved the applause and standing ovation they received. The crowd was also pleased with the joyful skits bringing memories of the struggles of black leaders and movers such as Malcolm X, Martin Luther King and Rosa Parks, among others. The skits were performed by children of theFutures Academy, who ended their performance with a song rendition entitled "We Are All Like A Rainbow," and the children of St. Augustine's African Child & Family Institute. Umoja, hosted by Jill Lawrence and Stacey Glover and imagined and put together by Valda Ricks, was an evening of entertainment and food for thought. Anyone from The Class of 1990 Interested In Working on The Commencement Committee? Duties Entail: — Searching for a Commencement Speaker OVER — Organizing Awards and Speaker Searches — Senior Week Organization SUMMER If you're interested please contact Chris Reo (Box #203) 10 The Opinion April 26,1989 tern, including treatment of pregnant attorneys, battered wives, and adolescent women in prostitution cases. Members of the panel include: Honorable Jacqueline M. Koshian, Justice, New York Supreme Court, Niagara County Honorable Barbara Howe, Judge, Buffalo City Court Honorable Timothy Drury, Judge, Erie County Court Yvonne Wertlieb, Esq., Assistant District Attorney, Erie County Paul A. Vance, Esq., an attorney specializing in matrimonial law with the law firm of Fiorella and Vance. Linda J. Marsh, Esq., an attorney specializing in litigation with the law firm of Smith, Murphy, and Schopperle Admission to the event is free and law students are encouraged to attend. For Further Information Contact: Judith Olin, 847-0650, or Barbara Scheifling, 856-5500. Meatout . . from page 4 This year's Meatout organizers considered the event a success, and hope to continue with bigger and better Meatouts in the years to come. While the ultimate goal of the Meatout is to produce a nation where vegetarians are the majority, and carnivores the weird minority, the shortterm goal is to educate the public about the benefits of a meatless diet, and the tremendous cruelty of modern factory farming of chickens, cows, pigs, turkeys, and sheep. Ironically, all of these animals are vegetarian. their children in unlicensed, unreliable, and regulated caretakers' homes. One of the most prominent developments that marked the U.S. eeconomy in the 1970's and 1980's has been the change in the role of women working outside the home. Women accounted for 62% of the labor force growth from 1975 to 1984. Nonetheless, women's earnings did not approach parity with men's. In 1987, women working full-time earned only 72 cents for every dollar men earned, working in similar occupations. Nearly two-thirds of all women in the civilian laborforce have incomes belowsls,ooo. Judge from page 3 Although Judge Gallet drew attention to the problems encountered by learning disabled people, for one U.B. law student, Judge Gallet did not say anything new. Dan Boeck, a third year student with dysgraphia, said that it is always difficult to feel overjoyed after someone has "let out the dirty laundry." Boeck wanted Judge Gallet to speak more about the steps a learning disabled person should take in making a foray into the legal world instead of emphasizing the self esteem problems. As Boeck pointed out. Judge Gallet was in an unusual position: he was an attorney before he was diagnosed and thus had already entered the legal profession. He was also lucky to have met some very sympathetic lawyers who were receptive to working with him. In searching for employment, Boeck has not always found the same receptivity. Thus Boeck felt the lecture was something of a disappointment because he had hoped to hear how learning disabled students can enter the legal profession without feeling intimidated or uncomfortable. In response to a final question, Judge Gallet spoke passionately of the juvenile court system's inability to deal with children who have learning disabilities. As the judge pointed out, over 90% of the children convicted in his courtroom read two years below grade level, and 35% of juvenile delinquents have undiagnosed learning disabilities (as opposed to 10% in the population at large). Judge Gallet considered it "shortsighted" to continue to fund prison construction when the real problem is the inability of the educational system to properly diagnose and instruct learning disabled students. As Judge Gallet made clear, increased sensitivity on the part of individuals is the key to a better understanding of the problems of the learning disabled. The next step is for society as a whole. Institutions must be reshaped in order to make them more sensitive to the needs of learning disabled people. ALL LAW STUDENTS DISORIENTATION PARTY At MOLLY'S PUB 3199 Main Street Friday — May 12, 1989 9:00 p.m. ? - FREE Beer & Food & Drink Specials with Law Student I.D. Sponsored by the Orientation '88 Committee with Proceeds of the T-Shirt Sale. �JSLA Hosts Israel-Palestinian Conference Amidst growing concern for problems plaguing the Middle East, the Jewish Law Students Association hosted a panel discussion last Thursday mediated by Channel 2's (WGRZ) Richard Kellman. The panel consisted of Harry Kosansky, Executive Director of the Jewish Federation of Greater Buffalo; Rabbi Shay Mintz, Director of the Hillel Foundation; and Professor Russell Stone, Department of Sociology, S.U.N.Y. Buffalo. The panel focused on salient issues facing Israelis and Palestinians in the occupied territories. by Eric Katz Staff Writer All three speakers tended to agree that the problems facing the nation of Israel are both complex and disturbing: Israel's problems do not begin and end with the Palestinian question, making it a multifaceted dilemma with global ramifications for all involved. Theformat of the evening was an opening statement from each panel member, followed by questions by Mr. Kellman. After this initial orientation to the various aspects of the current predicament, the audience, which filled room 106, had its turn to ask questions and comment on the speakers.All in attendance responded in the affirmative when asked by Mr. Kellman if the evening was time well spent and educational. The first to speak was Rabbi Mintz. Mintz, a native of the area in controversy, gave his views concerning both the emotional historical aspect of the problem as well as the current dilemma. He spoke about the difficulty of pointing to the Palestinians as Israel's problem. "Any sol- ution has to be found in concert with the neighboring Arab nations; to say Israel has a problem with just the Palestinians is not fair; the problem did not start in December of 1987." He believes that a solution will take time, based on the fact that all nations in the area must be involved, but that peace will come. Rabbi Mintz pointed to the first step taken some ten years ago, when Israel gave back the Sinai in an effort to promote peace, during the Camp David Accord. Mintz commented on Arafat and the PLO. "The latest PLO efforts did not go far enough, and if there is a follow up to these pronouncements, everyone will feel much better. I need more concrete proof, than simply one speech on Arafat's part before I can accept his changed heart. His previous actions demand more than one speech. There is a need for a greater demonstration of sincerity." Many in the audience could not understand this line of thinking; however, when faced with the facts that over the years the PLO have murdered thousands of innocent Israelis, this mode of thinking is not off kilt. Mintz concluded that "As long as there is dialogue there is hope." Professor Stone asserted that "there is not going to be a resolution to the problem, but that there will be change. A turning point from the beginning of a problem that started over twenty years ago." Stone, a recent visitor to the area for a book he is writing, commented that the standard of living for Palestinians has improved under Israel. Stone said that Israel is dealing with its problem uniquely. Stating that "Israel is choosing not to deal with the problem in a lethal manner... Terrorism is part of Bowling Team Stays In Contention (Second Hand Love Revisited) by Jeff Markello and Gary Hall This semester your UB Law School Bowling Team, better known as Secondhand Love, has continued its eternal battle to dominate the College League that meets at Sheridan Lanes every Thursday night. The five person team of Peter Farrell, Gary Hall, Jeff Markello, Shawn Monfredo, and newly acquired Joe "Mad Dog" Militi is fighting to regain the #1 position that it held last semester. Toast Markello has improved his average to a 135 to give the team greater depth this semester. Mono Monfredo and Mad Dog both hold down averages of 138, while Arsenio Hall maintains a solid 140 average and captain Townsend leadsthe pack with a 151. As many as 4 of the team members bowl each week and they are proud to boast of the league high game of 810 pins between just 4 bowlers. While the team soared to a three-way tie for first place in last semester's competition, this semester has been more of a rebuilding period. The aforementioned statistics are impressive enough, but they do not nearly substitute for the euphoria associated with a season-long dominance of one's fellow competitors. As already noted, Secondhand Love has had a radical change in its roster from last semester. Our UB ten-pin heroes had to approach the game from a whole new angle when they lost the left-handed Chris "Noonan" Reo, and gained the southpaw Joe "Mad Dog" Militi. This change, while potentially catastrophic, allowed the team to tinker with many of the thousands of technical and strategic nuances that make up the gut-twisting game of bowling. There has been extensive experimentation with the team's order of play in an effort to maximize the psychological oppression of opponents, and at the same time minimize the likelihood of team members "choking" under the incredible pressure (sort of a mental Heimlich maneuver). Individual members have been adjusting such variables as fingernail length and shape, palm dryness, shoelace tightness, and beer consumption in an effort to develop for themselves the elusive combination of mental concentration and fluid physical grace that will bring consistent scores in the triple digit range. the price Israel has to pay, the Intifada is coming from a large population, but muted enough so that anti-terrorist actions don't seem justified. That's why the problem is unique and serious." The last election in Israel ended in a party split and a weakening of all political parties. 54% of the Israelis believe that the country should negotiate with the Palestinians. However, only 35% believed that these negotitions should encompass the PLO. Kosansky has no trouble in accepting the existence of a politically active group, simply because "reality demands it." Kosansky confirmed Stone's assessment of the method in which Israel has chosen to deal with the situation. "There are no moral dilemmas, the question is rules of the game. Israel is playing outside the rules of the world, because they are playing fairly. The actions of a few are wrong and must be corrected. If Israel was playing by the rules of the world, there would be no Intifada." The remainder of the evening was spent on questions by the audience and clarification on the points the speakers made. The evening served to orientate the law school community to the current situation and foster communication with various groups within our own community. Even though we are thousands of miles away, our colloquy can breed ideas and therefore the potential for change. The Jewish Law Student Association concluded its 1989 speaker series, Monday with Soviet Refusnik Yaakov Shaposhnikov. Desmond Moot Court Board Host To Spring Conference by Gary Hall One of the major benefits to making the Moot Court Board in the fall is undoubtedly the opportunity to participate in one of the subject-specific Moot Court competitions hosted by law schools across the country in the Spring. SUNY at Buffalo attended many of these and made a fine showing of itself. While they may not be as eagerly anticipated as the "away" competitions, the competitions hosted here at UB are as important, if not more so, to the Board's reputation. UB hosted two such competitions this semester. The Albert R. Mugel Tax Competition was held March 1-4, and presented a fine field of competitors. This competition is run annually and exclusively by the UB Board. This year's problem centered around the tax status of jojoba plants. The competition was intense and the final round performances, by a team from the University of Cincinnati and ÜB's Shawn Griffin and Judee Smolarek, were stellar. The Cincinnati team won the overall competition and Shawn Griffin won the best oralist award. SUNY at Buffalo also hosted a regional run off for the National Appellate Advocacy Competition on March 17-18, 1989. This competition is sponsored by the American Bar Association, and the regional determine who gets to go to the finals in July (in Washington, DC this year). While the field of competitors in this year's NAAC was smaller than that of the Mugel, the level of oral advocacy skill exhibited was just as high. This year was the last year that these regionals would be without a brief requirement, bringing this competition in line with most, if not all, of the other competitions held in the Spring. While the Mugel is organized and run by the Assistant Director of the Moot Court Board, using any and all second and third year members who have time to help, the NAAC is left exclusively to second year board members. This allows those who are involved to get a littlepractice for running the in house Desmond competition in theFall while the thirdyear board members are still around to give advice. This year, Albany Law School triumphed over Touro Law School in the NAAC final round. Some may call this obsessive quest for perfection too extreme for a game played in polyester, but in a league that is often secretly used as a practice ground forthe Pro Bowlers Tour, Secondhand Love has had some truly remarkable results. No less than three times this semester the team has managed to lose games by one point (ONE *%s!@ POINT!!!), and has battled to the lofty record of 16 wins and 16 losses. With two full weeks to go these one-armed bandits are poised to steal the lead from any weak and unsuspectii team that thinks it can coast for the n of the season. It is a little too early to celebrate victory without appearing tacky. Rest assured however, that thesefive icons ofUB athletic prowess, armed with nothing more than silly shoes, 16 pounds of urethane around a hard rubber core, and ironwilled determination, will be making a blood-curdling banzai charge on bowling greatness in the next few weeks. Captain Townsend, Mono Monfredo, Mad Dog Militi, Arsenio Hall; Seated: Toast Markello. Ist Row: Treasurer Jeff Markello, Asst. Director Leah Ranke, Director Gary Hall; 2nd Row: Competitions Director Niki Moumoulidis, Secretary Cristina Beringer. Congratulations to the new Moot Court Executive Board and those elected to the Order of Barristers! They are: Order of Barristers Tricia Babajane, Robert Boreanaz, Siu Lin Chan, Suzanne Garvey, Timothy Greenan, Maryjo Raczka, Joseph Rizzo, Judee Smolarek Executive Board Gary Hall: Director Leah Ranke: Asst. Director Niki Moumoulidis: Comp. Director Cristina Beringer: Secretary Jeffrey Markello: Treasurer Good luck to all from the outgoing Executive Board: Timothy Greenan, Director; Maryjo Raczka, Asst. Director; Robert Boreanaz, Comp. Director; Suzanne Garvey, Secretary; and Joseph Rizzo, Treasurer. April 26, 1989 The Opinion 11 �IN THE NORTHEAST UNITED STATES MORE LAW SCHOOL GRADUATES JP*9 MP^M TAKE V?S?fl?T?t THAN TAKE ALL OTHER BAR REVIEW COURSES P if tttTnpmj_....- .— :;* ' r #.!*" The Nation's Largest And Most Successful Bar Review. Ul*y7Y(T(Zt) 160 Commonwealth Aye.. Ftoston, Ma. 021 lfi (617) 137 1171 415 Seventh Aye, SteG2, New York, N.Y. 02116 (212)594-3696 (201)623-3363 (203)724-3910 12 The Opinion April 26, 1989 ; � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9336a5ac9b3d7fa66845a06fd423bf2a.pdf c176f6c5f7683787e8e4a6e46c5fcf91 PDF Text Text SPECIAL ORIENTATION ISSUE THEOPINION August 25, 1989 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 2 Dean Filvaroff Welcomes Class of 1992 It is a pleasure to welcome you, the entering first-year class to the Law School. This should be a special time for you as you begin the study of law in a most challenging era. I hope and expect as you — should —that your law school education will be intellectually stimulating and, in due course, professionally rewarding. But, no less importantly and contrary to the image associated with many law schools I hope that it will be a pleasant experience and that you, indeed, will have fun as we jointlyexplore the worldof law. — — by Dean David B. Filvaroff During the last decade or so, law schools in the United States and elsewhere have witnessed a sea-change in legal studies. We have re-learned the lesson of our predecessors, American legal realists, that law is not an inexorable system of rules to be discovered by logical education. But we also have gone beyond the valuable legacy of legal realism. We have learned that the social sciences — — professors who possess relevant interdisciplinary exercise. We have also recognized that much of what is determinative in legal decisionmaking is rooted in social values. Law is essentially policy writ both large and, often, in detail. Those involved in Critical Legal Studies and others have made us aware of how much is indeterminate in legal discourse and how much is a product of power, politics and ideology. In addition to teaching practical wisdom, lawyering skills, and social responsibility, our law school clinics offer firsthand exposure to the manner in which law operates in real-world settings and the ways in which it directly affects Law Alumni Association Sets 1,000 Member Goal David Parker, general counsel for Record Theatre, Inc. and president of the UB Law Alumni Association for 1989-90, recently asked all graduates of UB Law School to become members of the Association. Annual dues are $25. by Ilene Fleischmann Executive Director "The Law Alumni Association is currently the flagship alumni association among the professional schools in the SUNY system," Parker said. "To maintain that No. 1 position, our goal this year is 1,000 paid members. "The Law Alumni Association continues as an important source of financial and moral support for the Law School," he wrote in a letter to graduates. "It also helps to raise the visibility and enhance the public image of the school in ourcommunity, state and nation. The Association's efforts to help the Law School strengthen its reputation for leadership in the field of legal education enhances the diploma of every graduate whether you are out one year or ten years or thirty five." Last year, over 900 UB Law School grads became dues-paying members of the Law Alumni Association, a record number that represents an increase of 30 percent over the previous yearand 75 percent over the past two years. According to Parker, Alumni programs and activities last year included: The continued growth of regional chapters. Rochester held two successful events. Greater New York held three, including a dinner cruise on August 3, 1989. A group of alumni/ac in Washington, D.C. has formed a steering committee and is meeting this summer to organize a chapter. The Alumni Association made a $2,000 grant to enable UB law students to compete in numerous moot court competitions across the country. In addition, hundreds of alumni/ac gave their — • • time to judge the Desmond Moot Court Competition in Buffalo. The Law Alumni Association's 14th convocation, "Directions for the 19905: The Impact of Buffalo's Changing Economy on the Legal Community," was well attended and informative. At a lunch following the panel, Hon. John T. Curtin was presented the Jaeckle Award the highest award the Law School and the Alumni Association can bestow. The Annual Meeting and Dinner was another popular event where outstanding alumni/ac were honored. This year's awards were presented to Hon. John T. Callahan, David G. Jay, Hon. Dale M. Volker, and Sue S. Gardner. The Association provided mailing lists, hired photographers, and offered other assistance to alumni/ac who organized class reunions. One of our strengths has been publications. Our magazine, the UB Law Forum, continues to receive great reviews from alumni/ac and friends. It is mailed free, twice a year, to all alumni/ae. For the first time, alumni/ac led the Law School's Annual Fund Drive and chaired the Dean's Dinners. TheAnnual Fund Drive provides private gift support for programs for which state funds are either limited or unavailable. Last year, thanks to the generosity of alumni/ac and friends, we raised over $235,000 a new record. The Alumni Association presented the Law School with a beautiful bannerthat can be diplayed at Law School and alumni events. Those wishing to join should send a check for $25 made payable to the UB Law Alumni Association —to: UB Law Alumni Association, 320 O'Brian Hall, Buffalo, NY 14260. If you wish to join the University's General Alumni Association as well, you can join both groups for a special rate of $40. Those checks should also be sent to the Law Alumni Association at the above address. • — UB Law Alumni Association — — people's lives. This list is partial, but it reflects some of the diverse and exciting currents in American legal education. Your Law School at Buffalo not only has kept abreast of progressive change in legal study but has attempted to serve a leadership role in nurturing and advancing creative and challenging development in the law. Significantly, we try to do all this while emphasizing the lawyer's public service role and community responsibility. We welcome you to the Law School and wish you well. I look forward to meeting each of you and working with you during your years here and thereafter. history, sociology, psychology, political science, anthropology for example have a great deal to tell us about the origins and operation of legal rules and legal institutions. We are specially fortunate in having on our faculty a large number of • • • • • — — Dean David B. Filvaroff Words of Wisdom From A Former First Year The two things that stick out in my mind about my first year of law school are first, that it wasn't nearly as hard as I thought it would be, and second, that I actually enjoyed it. This is not to say that law it is. But it's well school is not hard within the ability of virtually everyone who gets in to accomplish, and to accomplish well. — by Michael D. Gurwitz Features Editor The reading can be long, but the greater danger is boredom. Oftentimes, you have to force yourself to plow through yet another uninspired case, and if you can, to brief it afterwards. I found myself blow- ing off a lot of reading, and even more briefing, until circumstances (read: finals) forced me to tackle them. Despite a high degree of procrastination, I did okay. Of course, with a little more effort I might have done better, but new students will soon learn that the grading system at Buffalo is a lot like life: unpredictable. You can work yourself silly and get a Q, or blow off the work until the last month or so and get an H. Everybody figures out their own system eventually. First-years should not hesitate to ask advice of senior students. People are often very willing to answer questions, give out advice, and tell cautionary anecdotes. Second and third years students are a valuable resource use them. An even more valuable resource are commercial study guides, available at the campus bookstore. Depending on the editors and cases, casebooks can be extremely boring. In addition, many cases are difficult to understand. Reading the analysis of a given case in a commercial outline can help put things in order. Buy them!!! I personally did not purchase any hornbooks, but I hear that they are good also. Just keep in mind that these books are expensive and the bills can quickly pile up. Also, buy them early on. If you wait until the end, they might be gone. If you are interested in participating in an extracurricular activity(s), do so. There's plenty of time to study, goof off, sleep, and stay politically/artistically physically active. There are a number of excellent student organizations that cater to people on all sides of the political spec- — trum, even the incorrect ones. Just don't go overboard and join every group that appeals to you. This is a tempting trap, but you'll find that you don't have thetime to devote yourself to more than two groups, or three if you are truly amazing. Consider picking one group to get heavily involved with, as this can be the most rewarding use of your time. Bear in mind that Buffalo itself hosts a number of very good organizations. Check them out. Speaking of Buffalo, despite initial appearances, there are some entertaining places to go. I found that it was sanity-preserving to get away from the fraternity-infested nightspots of the student ghetto near the Main Street campus and into Allentown, the funky part of Buffalo. A few clubs worth visiting are The Continental, Nietzsche's, and The Pink Flamingo. There are also some good restaurants and interesting shops down there and, like most of Buffalo, the prices are low. Where else in this country can you get 7 drinks for 6 dollars? That's all. Relax, school ain't that hard, but try to stay on top of your work, as it can pile up before you know it. Make sure to acquaint yourself with the Career Development Office and carefully read their newsletters. A lot of the papers you find stuffed in your mailboxes are actually very important. Take advantage of the cultural offerings in the city, but be careful: drinking and driving and being stopped by the Buffalo police, especially if there are no witnesses around, can be hazardous to your health. Have fun! HIGHLIGHTS Students should be aware of their rights before entering into lease agreements pg. 3 Orientation Agenda pg. 5 Descriptions of various law school student organizations pg. 7 .... �ASTWVY'BnI %W REGISTRATION MUST ne PieP er C°urse Includes: Complete wrinng ~~—■———————— —»�s( WITH THE J««— m fi A ■■A■ m m * m^m COTPIIU jfj jQ UI ■■ -fr Multistate Practice * Multistate Professional Responsibility Exam " # Multistate Volume -sir Afea; K>rft Zau; to/u/ne lllvPnlf RI"P * Professional Responsibility Law students discount of $125 will be deductedfrom the cost of $1,076 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1,1989. — JOtlfl il6p€rS ILLS w flstQQ CiiirinnrP Ifl'VlUdd UUIUUULC W I For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAM REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion August 25, 1989 �Knowledge of Tenant's Rights Crucial for Off-Campus Housing by Martin Coleman Before you sign any off-campus lease — in fact, before you even begin to look for a place — it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords (particularly unscrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. A landlord in a place like University Heights may assume that students "won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) oral lease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest with a written lease and least with a month-to-month. If you stay past theend of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-monthleases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the Ist of the month and your landlord wants you out by July Ist, he must notify you prior to June Ist of his intent and vice versa. While written leases offer you the security of knowing how long you can reside in an apartment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Some lease clauses are forbidden by N.Y. State law. These include: Clauses that automatically renew your lease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section • • • 5-905). Buffalo School of Law State University of New York ORIENTATION COMMITTEE CHAIRPERSONS Melanie Jenkins Amy Rosen under the above • -701.) You must be allowed to enter the apartment on the first day of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). Some clauses seem so absurd or unfair that they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any that fall categories you might take this as an indication of future problems with this landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in the lease are: Warranty of Habitability, which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the prem- Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5- clause exempting your landlord from • Aliability for any injuries caused by their • clauses • • • ises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue you for non-payment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon either course of action, you should contact Group Legal Services. Landlord's Duty to Repair. This includes windows, plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best judge of what is a reasonable time) then, depending on the severity of the problem, and its cost to fix, you can either call your local housing officials or your local housing officials or your local health department, or call in a repair person yourself and deduct the cost from your rent. Keep the receipts. Right to Privacy. Your landlord may only enter your apartment on reasonable notice, at a reasonable time. Retaliation. Your landlord may not harass you or refuse to re-rent to you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written re- cord of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. Eviction. A landlord cannot evict you by use of force typically through threats of violence, removal of your possessions, locking you out of your apartment, or cutting off essential services. Security Deposit. This is generally how most students get ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbursement on any unpaid rent. Furthermore, if you are living in a multiple dwelling apartment (four or more separate units), you are entitled to interest at prevailing rates on your deposit minus 1% of that interest for administrative expenses. If your landlord illegally retains your security deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargain for unfair terms, keep records of all correspondence or conversations, and contact any authorities immediately if you have a • — • problem. Opinion RECRUITMENT PARTY Friday, September 8 12:30 Ist Floor Lounge - FREE BEER & PIZZA SUBCOMMITTEE CHAIRPERSONS Speakers Amy Rosen T-Shirts Janet Dauley Paul Labaki The Officers and Directors Scott Schwartz Information Packets Social Events Janet Dauley Tammy Heckman CecileMathis Kathleen Reilly Mary Beth Scarcello Maria Schmit Small Groups Damon Scrota of the UB LAW ALUMNI ASSOCIATION Cordially Invite the MarkSteiner Melaniejenkins Printing Special Thanks Law School Class of 1992 to a ... To Marie McLeod, Cheri Tubinis, Sue Szydlowski, llene Fleischmann and the rest of the administrators, faculty, and support staff on the third floor of O'Brian Hall; to all the Small Group leaders; to the UB Law School Alumni Association; to the others who helped to make Orientation '89 a success, but are not named here. Welcoming Reception Friday, August 25, 1989 4:00 p.m. to 6:00 p.m. ORIENTATION '89 HAPPY HOUR PARTY! In honor of 1989's First Year Law Students MOLLY'S PUB, Main St. near UB Main Campus* THURSDAY, AUGUST 31, 1989 5:00 p.m. 9:00 p.m. FREE BEER, SODA, PIZZA & WINGS - Center for Tomorrow North Campus Co-Sponsored by BAR BRI and the Orientation Committee '89 August 25, 1989 The Opinion 3 �OPINION otf STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 2 Betty and Alan Welcome Section Two Students August 25, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael Gurwitz Photography Editor: Jeff Markello Editorial Keeping The Law School Experience In Perspective Professor Betty Mensch the past, Betty would start the first In year by sternly commanding her contracts students to appearfor the first class having already mastered the procedural intricacy in the great case of Hawkins v. McGee (Paper Chase fans will recall the "Case of the Hairy Hand"). Alan, on the other hand, would just as sternly recommend total abstinence from all reading matter for at least forty-eight hours prior to the first class, suggesting instead long walks in the woods, meditation, horror movies, ora few obligatory Mets games. Last year, after prolonged and difficult negotiations, we tried something new a joint introduction to law and law school, which we will offer again this year to the first-year students in section two. To give you a sense of the connection between law and everyday life, we chose a topic that is current and controversial, and prepared a set of introductory reading materials. The topic is freedom of speech, and, more specifically, whether the First Amendment protects language that is derogatory, hostile, or insulting, especially when directed at members of minority groups, or protects pornographic books or movies that depict women as sexual objects subject to violent domination by men. We hope these materials will serve to introduce students to the world of law in a number of ways: the intractability of real-life problems; the modes of legal argument; and the interplay of law, morality, and social context. The materials will be distributed in class at our first meeting on Monday, August 28 at 11:00 a.m. in Room 109. We look forward to seeing all of you then. — It is important, as you begin law school, as with the beginning of any new phase of your life, not to lose perspective. Law school is an experience that can not be described in a finite number of words and it is a different experience for every person. One thing is certain, it has a tendency to take hold of your life and this is what we must all look out for and prevent. There is an intensity in the air that is unique to the law school experience. The reasons for this are inexplicable. The classwork isn't necessarily difficult (though it is often overwhelming), class schedules aren't grueling (one or two classes a day), students and faculty are friendly and, at ÜB, there are few signs of the cut throat competition that is often associated with law school. Yet when we are asked how school is going there is something that leads us to reply "It's hard." Perhaps it is the similar feelings and shared goals of many of the students that creates the intensity. The backgrounds of the student population at UB are incredibly diverse. Yet, all of us have worked hard to get here. Most of us were previously successful students, and because of this we have a fear of being unsuccessful students. It is this intensity that tends to sweep up students and surround them like a cocoon until they are unaware of any other life. It's this cocoon that has to be looked out for. Law school will make huge demands on your time, you should not, however, let it fill up all of your time. The best lawyers will not be the ones who spend sixteen hours a day with their noses in books and their minds on school. We will never be good at helping others solve the problems of everyday life if we forget what everyday life is all about. How, you ask, do you avoid getting enveloped by the law school cocoon? The answer is unique to every individual but there is a common thread: time managment. The easiest way to avoid the cocoon is to stay on top of your work (much easier said than done). It will be easier to keep sight of your sanity if, come early November you do not realize you are behind 738 pages of reading in Civil Procedure. Another important way to avoid the law school cocoon is to spend time pursuing your outside interests. We are not required to sign a waiver of enjoyment of outside activities when we enter law school. You will not burn at the stake for watching football on Sunday. (If you feel incurably guilty about this you can watch with your books in your lap so that it appears you intend to read during commercials.) Keep law school in perspective with the rest of your life. Try to stay on top of your work while reserving some time for your real life interests (this will not be easy). By allowing ourselves to view law school as a piece of the puzzle rather than the puzzle itself, we can avoid the trap of being totally consumed and law school can become one of many good experiences that will shape ourlives and make us good lawyers. Staff: Ted Baecher, Lenny Cooper, Dennis Fordham, Eric Katz Jennifer Latham, Jim Monroe, Alice Patterson Contributors: 1Copyright Martin Coleman, David B. Filvaroff, llene Fleischman, Melanie Jenkins 1989, The Opinion, SBA. Any reprodu«.,..>n o( materiel herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks duriny the academic year. It is the student newspaper of the State University ofNew York at Buffalo School of Law, SUNYAB Amherst Campus. Buffalo, New York 1-1260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third class postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. 4 The Opinion August 25, 1989 Professor Alan Freeman Lower Fees, More Access, Would Make For A Better Legal System The first thing we do, let's kill all the lawyers. William Shakespeare, Henry VI Shakespeare, the immortal bard from Avon, wrote more poetic lines. He also wrote more memorable ones. However, did he ever write a line that so ably withstood the test of time? The answer, arguably, is no. If you don't agree with me, think of the last time you heard someone, in the midstof everyday conversation, say "To be or not to be ." or, "Friends, Romans, countrymen .". Now, think of the last time you heard someone say that they wanted to kill a lawyer. I rest my case. . by Andrew Culbertson Managing Editor The fact that lawyers were apparently disliked centuries ago is no surprise, especially if the profession was anything like it is today. Style over substance, money over making a difference, and a nauseatingly self-righteous conviction that as long as one stretches the rules without breaking them, one is merely being a "good" lawyer. That is the legal profession I see today, and it is one that I am less than thrilled about joining. Realistically, one could spend days enumerating the reasons why the legal profession isn't trusted, and is even detested, by much of society. At the top of the list, however, are the exorbitant fees commanded by even the most average attorneys. In effect, attorneys have developed a "cart before the horse" mentality. In other words, "Since I'm an attorney, and I'm important, everything I do is important." Alas, if this were only the case. As Harvard law Professor Alan Dershowitz points out, many of the tasks performed by attorneys are quite routine, and involve a mininal amount of effort and skill. Dershowitz notes that "simple wills, name changes, adoptions, and unto mention just a contested divorces few can be accomplished by the parties themselves with the help of a few standard legal forms." Nevertheless, attorneys have traditionally charged hefty fees for the performance of such tasks. Fortunately, there appears to be at least one alternative, one which most lawyers are not happy about. A popular phenomenon over the past ten years or so has been the advent of what are generally referred to as "walk-in — law clinics." Establishments like Jacoby and Meyers, Hyatt Legal Services, and Siegel, Kelleher and Kahn. These establishments have taken a bad rap from "legitimate" law firms, and have tended to be the butt of many a joke. Of course, the reason they are disliked has nothing to do with their professional legitimacy. It has to do with the fact that they don't charge $200/hour to fill out pre-drafted legal forms, making it possible for a person to secure legal representation without mortgaging his or her house. These "walk-in clinics," by charging reasonable fees, are bucking the "cartel" that the legal profession has created. Several years ago, a legal secretary in Florida, Rosemary Furman, decided to provide her own alternative to this "legal cartel." For a reasonable fee ($5O), Ms. Furman would provide poor people with legal forms, enabling them to file complaints, and perform other routine legal procedures. For her efforts, she was convicted of practicing without a license, thanks in large part to the Florida Bar, which feared the financial effect that such a practice might ultimately have. The legal profession may be capable of shutting down the Rosemary Furmans of the world. However, there is not much it can do about the "walk-in clinics," since the members of these "firms" all have licenses to practice law. Of course, these clinics still comprise a relatively small portion of the legal profession. Constructively closing off the legal system to non-lawyers might be more acceptable if attorneys, as a group, were more willing to perform pro bono work. The problem is that a majority of attorneys don't see themselves as public servants, which is exactly what they are. (continued on page 5) — The Deadline for the first issue of The Opinior is September sth at five. Please submit articles to Box 59 or 60. �SBA Looks Forward To Participation By First Years The Student Bar Association welcomes you to the University of Buffalo Law School. Having occupied the seats you are now sitting in at one time or another, we are sure that you have as many questions as we did. While this column cannot answer them all, we hope it provides a little background into the student life within the law school. WHAT IS THE STUDENT BAR ASSOCIATION? The SBA is the central organization responsible for overseeing the administration of approximately 25 student groups which exist within the law school. While this aspect is a large part of the SBA, we are also responsible for coordinating social and educational events. The SBA also acts as an informational base to help provide an outlet for student motivations. The SBA is the student voice for the school's many academic and social concerns. WHO MAKES UP THE SBA? The SBA is made up of 18 student directors plus the executive board. This year's executive board members are Chris Reo, president; Jim Monroe, vice-president; Wendy Urtel, secretary; and, Taunya Hannibal, treasurer. The 18 SBA directors are made up of six representatives from each class. Every fall semester, student members interested in serving on the SBA campaign against each other for the elected positions. Class directors must be dedicated students who will take the time to care about representing their class's thoughts, ideas and suggestions on the school, student body and administration. Class directors must be highly visible and accessible persons who must keep their classes informed on the developments, functions and activities of the SBA. WHAT ARE THE SBA STUDENTFACULTY COMMITTEES? The SBA Student Faculty committees provide a chance for selected students to work intimately with faculty members on a wide range of issues. These issues range from the budget to disciplinary matters and pressing social issues (such as the antidiscrimination committee). The SBA executive board is highly energized and motivated towards working with the incoming students. We look forward to your questions, ideas and concerns. We are located in room 101 of O'Brian Hall, and our office phone number is 636-2748. Legal System, . from page 4 Metaphorically speaking, attorneys hold the keys to a very complicated legal system. This automatically gives them special status within society. To this extent, they should be more willing to impart their knowledge on a greater segment of the population (and not just to those who can afford it). Clearly, they aren't. While there are answers available, attorneys themselves certainly don't want to entertain them. More likely than not, they will continue to charge large fees for simple work. They will also continue to do everything in their power to make sure that the "common man" doesn't "infringe" on their "territory." Finally, most of them will continue to denounce pro bono representation as some sort of socialistic nightmare. In the end, there are many things in this universe that are not dreamt of in my philosophy. At this point, a kinder, less avaricious legal profession is one of them. First Year Assignments — Professor Olsen Civil Procedure Research and Writing (Section 2) The textbooks for the two courses are as follows: Civil Procedure Cound, Friedenthal, Miller and Sexton, Civil Procedure, sth Edition (1989)— West. Cound, Friedenthal, Miller and Sexton, 1987Civil Procedure Supplement—West. Supplement Materials (mimeo). Assignment for Wednesday, August 30 Casebook: 755-758: Regina v. Dudley and Stephens 3-5: Introduction, Notesand Research and Writing Porter, etai, Introduction to Legal Writing and Oral Advocacy (1989), Matthew Bender. There will be no assignment for thefirst Civil Procedure class, which meets on Tuesday, August 29, 1989. Individual Research and Writing classes will be assigned on Monday, August 28, 1989 and will be posted on the Research and Writing bulletin board in the second floor student mailroom. Research and Writing classes will meet during the first week of classes. 5-9: 12-13: 13-19: 19-20: 23-32: Questions Deuteronomy; Wilson Hart Wilson Packer Leviticus; Packer; Walker; Kaplan 40-42: Walker Supplement: 1-3: State v.Chancy 4-11: Bowers v. Hardwick — Criminal Law (Section 1) — Professor Ewing Required Texts: Kaplan and Weisberg, Criminal Law: Cases and Materials; Supplement (S) Available in Law School Bookstore; Additional readings will be assigned from Low, Jeffries and Bonnie, The Trial of John Hinckley, Jr.: A Case Study in the Insanity Defense. — Professor Hyman Legal Methods The basic materials for the course are by Kaplan and Headrick, Landlord and Tenant Law, 1984 edition, 1987 Hyman revision in three parts. Part I may be obtained from Roseann Perrin in Room 522. For the first class (Monday, August 28th, 1:30 in Room 108) read pages i-vi of Part I. Most of the content will be quite new to you and some of it rather complicated. Make a note of anything that is not clear to you and ask about it in class. = Orientation Schedule FRIDAY, AUGUST 25, 1989 9:00 a.m. to 9:30 a.m. Check in, first floor O'Brian Hall . . . _., . . — Coffee and Donuts 9:30 a.m. to 12:00 p.m. Moot Court Room, 104 O'Brian Hall Speakers , Introduction .. Melanie■',Jenkins, Amy Rosen „. ,__ Co-chairs, Orientation 89 4 David Filvaroff David Parker DennisC. Vacco Aundra Newell Robert Reis Philip Halpern Helen Crosby Isabel Marcus Maureen Kanaley Patrick Young Chris Reo Dean President, Alumni Association UnitedStates Attorney for Western District of New York Assistant Dean Professor of Law Associate Dean Registrar Professor of Law Financial Aid Representative Student Accounts Representative President, SBA __ „ __ „„ 12:00 p.m. to 2:00 p.m. Bridge. 2:30 p.m. to 3:30 p.m. Section Meetings with Professors: SECTION ONE Room 106 O'Brian Hall SECTION TWO Room 108 O'Brian Hall SECTIONTHREE Room 109O'Brain Hall 4:00 p.m. to 6:00 p.m. Party sponsored by Alumni Association 9:00 a.m. to 9:30 a.m. Coffee and Donuts, first floor O'Brian Hal! - ° - 9:30 am to 12:0 P m Moot Court Room 104 O'Brian Hall ' S Peakers Aundra Newell Assistant Dean _. _,-. _~ EllenGibson Directorof Law Library ~ Alan Carrel Associate Dean Audrey Koscielniak Career Development Office Professor of Law John Henry Schlegel David Engel Professor of Law Muhammed Kenyatta Professor of Law Swartz Louis Professor of Law Alan Freeman Professor of Law .. , . — Center for Tomorrow L ~ ... 12:00 p.m. to 3:00 p.m. Photo Identification Cards. Please note it will be necessary to have five dollars with you to pay for your I.D. Card. Please report as follows: 12:00to 1:00 SECTION ONE Room 406 O'Brian Hall 1:00 to 2:00 SECTION TWO Room 406 O'Brian Hall SECTIONTHREE 3:00 p.m. to 6:00 p.m. Barbeque and Picnic Lunch with Small Group Leaders — Small group tours and discussions. Information tables of Student Organizations, third floor Baldy/O'Brian = SATURDAY, AUGUST 26, 1989 2:00to3:00 nn 12:00 p.m. Break into Small Croups — Room4o6O'Brian Hall — Baird Point WEDNESDAY AUGUST 30TH Section Photos will be taken in Room 12 O'Brian Hall, 10:00 a.m. to 3:00 p m Yo u must have this photo taken (no charge). THURSDAY, AUGUST 31ST 5:00 to 9:00 p.m. Happy Hour Party at Molly's Pub, Main Street and Winspear near U/B Main Street Campus, (co-sponsored by Barßri Multistate Bar Review Course and the Orientation Committee '89). August 25, 1989 The Opinion 5 �KAPLAN-SMH - STANDING BY YOU FROM Ist YR.THROUGH YOUR BAR EXAM At Kaplan-SMH, we know law school is a challenge. We want to help you meet that challenge with SMH Law School Summaries I and IL I' SMH LAW SCHOOL SUMMARIES I Civil Procedure Contracts Criminal Law Property Torts Byregistering for a Kaplan-SMH bar review course in your first year of law school, you not only receive the lowest discounted price possible, you also receive SMH Law School Summaries L Don't waste time and money in bookstores! \i SMH LAW SCHOOL SUMMARIES 11 I I jj Jj Commercial Paper & Bank Collections Corporations & Partnerships Evidence Sales Secured Transactions §1 I Tax Wills & Trusts m H 1 Second and third year Kaplan-SMH registrants are entitled to SMH Summaries 11, covering many law school and bar exam subjects. Get a head start! A $50 deposit on any Kaplan-SMH bar review course secures all current discounts and entitles you to either volume of the SMH Law School Summaries. STANLEY H. rnKAPLAN-SMH L v Ibar review services 6 The Opinion August 25, 1989 See Your Campus Rep, or call: £,«f™"" �Insight Into A Few UB Law Student Organizations... International Law Society The International Law Society (ILS) is an organization of law students who share academic and career interest in the fieldof international law. It is the intention of ILS to promote student interest in international law by encouraging discussion of human rights and international disputes. Our second goal is to create a greater understanding of the relationships among nations and peoples. Since the society's inception, ILS has aimed at accomplishing these goals through such events as conferences, film festivals and international potluck dinners. ILS also provides information for law students interested in study and work abroad. All students are encouraged to contribute to this increasingly active organization. In the fall of 1988, the ILS held a conference at the Law School attended by law students and practitioners from the U.S. and Canada. It is our hope to continue hosting thisconference in thefall of 1990. The ILS has begun working on and implementing an InternationalLaw Journal. The Hibernian Law Society The Hibernian Law Society was founded in January 1989 at SUNY at Buffalo Law School. After a one week membership drive, over 80 students from all levels had joined. Over 60 of them voted in the officers' elections. The successful candidates were: Kevin Doyle and Kathy Reilly, Co-Presidents; Bob Heary, Treasurer; Nancy Langer, Executive Secretary; John Walsh, Activities Secretary; Vincent Doyle, 3rd year at-large Representative; Mary Catherine Callahan, 2nd year at-large Representative; and Rachel Kane, Ist year at-large Representative. The Hibernian Law Society has three main purposes. Primarily, we are a charitable organization that raises funds both at the Law School and from the local community for organizations nominated by our membership. Second, the Society is concerned with issues of constitutional and civil liberties in democratic societies and we will be sponsoring lectures and symposiums to study these topics. Finally, we are also a social organization that is attempting to increase the interaction and familiarity of the Law School student body with the local legal community through various social events and activities. We will host happy hours, Softball games, golf tournaments, our annual St. Patrick's Day Luncheon, and any other events suggested by our membership. At each activity, we will try to have an even mix of members of the local bar (including judges) and law students. We also plan to again march in the St. Patrick's Day parade in Buffalo, the second largest of its type in the country. We have been granted a charter and funding by the Student Bar Association, and our office is located in 505 O'Brian Hall, right behind the elevators. Membership is open to any law student, faculty member, or member of the legal profession. You don't have to be Irish to join or run for office, and you don't have to be a member to participate in our activities. Elections will be held for all officers during the month of September. We are a new organization that is always looking for new members and ideas. For more information, please contact one of the current officers through his or her mailbox. Buffalo Law Review Founded in 1951, the Buffalo Law Review is a legal periodical published by the students of the law school. The Review publishes analytical commentaries by students and scholarly articles by leading authorities. Reviews of recent books are also included. The Buffalo Law Review is published three times each year. There are approximately sixty members of the Buffalo Law Review, nearly equally divided between second-year Associates and third-year Senior Members. Associate membership on the Review is based on academic performance and the results of an annual writing competition open to all first-year students. Promotion to Senior membership is based upon service to the Rew'ewandefforts toward writing a legal commentary of publishable quality. The Federalist Society The Buffalo Chapter of the Federalist Society is a group of studentswho believe that the ultimate sovereignty and power belongs to the American people This sovereignty is best expressed by the imputation of moral and social responsibility upon the individual, rather than by a government structure. Unfettered government that is unwieldly and overwhelming does nothing but diminish human dignity, because, as Prime Minister Margaret Thatcher recently declared "Any set of social and economic arrangements which is not founded on the acceptance of individual responsibility will do nothing but harm. We are all responsible for our own actions. We cannot blame society if we disobey the law. We simply cannot delegate the exercise of mercy and generosity to others." Seen in this context, the Federalist Society perceives the Constitution to be a descriptive document that records the foundation of American society, instead of being a mechanism for social change deleterious to the goals and aspirations of the American people. Those rights "endowed by our Creator" cannot be eroded by a simple Supreme Court majority but the delineation of these rights properly belongs to the legislative body. To say that rights exist because they are enumerated is degrading. The virtues of compassion and decency cannot be legislated orcompelled, because behavior is an individual responsibility. It seems crude and awkward to subvert the Constitution for the cause of social engineering. The Federalists seek only to conserve those qualities of humanity that have made our Nation great, and not yield them up for political expediency. We believe in a generosity of spirit, a tolerance of others, a commitment to the rule of law, a repugnance of authoritarianism, and a love of freedom. The Federalists are one of the fastest growing organizations at the law school. Despite this rapid growth, we continue to ensure a diversity of opinions among our membership so that no uncomfortable or unorthodox views are driven out. We encourage all our members to become active in our annual food drive to benefit local food pantries. Also, we publish a monthly newsletter, The Federalist Papers, which is distributed to all students and welcome members to contribute commentaries or letters. Our office is located in O'Brian Hall Room 505. We look forward to meeting YOU!!! (This article submittedby Dan Majchrzak, Chairman, Buffalo Federalist Society) Environmental Law Society The Buffalo Environmental Law Scoiety (BELS) is an organization dedicated to the pursuit of environmental research and education both in the law school and in the surrounding community. The organization pursues these goals through informal social events such as recreational outings and open membership parties and through more formal movie presentations and speakers' forums. BELS is particularly proud of its group research activities. In the past several years, the Society has worked on legal research projects for the law profession, non-profit environmental organizations and environmental lawyers engaged in pro bono legal work. Growth in the research area is the society's primary goal in the future. The social component of BELS should not be overlooked.Besides getting people together who have common interests and goals, the Society attempts to foster an increased awareness of our natural resources and environment. Effective environmental legal representation and advocacy should be based on exposure to the beauty, complexity and usefulness of such valuable resources. Entertainment Law Society The Entertainment Law Society was in full swing this year and successfully began its new Paperchase Film Series. The society shows law related films as a studybreak at the end of a busy day. Speakers highlighting the 1988-1989 school year were Tricia Semelheck and David Parker, who spoke about representing performers and also a Media and the Law Day. Speakers already planned for fall 1989 will be discussing issues on Sports Law. Everyone is urged to join us to help plan these exciting events and to attend. Amnesty International Legal Support Group The members of the Amnesty International Legal Support Group work for the release of prisoners of conscience worldwide, for fair and prompt trials of political prisoners, and for an end to torture and execution in all cases. Members work on behalf of individual prisoners recognized by Amnesty International as victims of human rights abuses at the hands of their governments. Members also focus special actions on a particular country, region, or pattern of human rights abuses and engage in human rights education and development of public awareness about human rights. Amnesty International is a world-wide human rights organization independent of any government, political faction, or ideology. Amnesty has been awarded the Nobel Peace Prize and consultative status with the U.N., UNESCO, and the Council of Europe. The Law School's Amnesty International Group specifically focuses on legal aspects of human rights. This semester, the Group will campaign for the ratification by the U.S. Senate of several human rights treaties. The Group will also be working against the use of the death penalty in China, as well as against the attempted re-introduction of the death penalty in New York. Actions against human rights abuses in other countries are also planned. If you are interested in joining Amnesty International, look for posters during the first weeks of the semester describing when and where our next meeting is to take place. Membership in the Legal Support Group is open to all students, faculty, and staff. There are no formal requirements of membership, just a commitment to work against the abuse of human rights. Jewish Law Students Association The Jewish Law StudentAssociation is an organization of law students from diverse backgrounds who have joined the JLSA to engage in a variety of social and cultural activities. Since we are a relatively new student association, this is a good opportunity to get directly, and personally involved with an active group. Highlights from last year include a panel discussion on the Middle East dilemma, guest speakers such as a Holocaust survivor and a Soviet Refusenik, fund raising drives, a dinner party, a semi-formal, and other social gatherings. We welcome and encourage any law students who are interested in our organization to join. Watch for signs announcing our first meeting. The Desmond Moot Court Board As students gear up for the new school year, the attentions of an increasing number in the law school turns toward the Charles S. Desmond Memorial Moot Court Competition. This competition is conducted annually by the UB Moot Court Board, an organization which relies heavily on its close relationship with the Law School Alumni Association for the competition's success. The Desmond is open to all second and third year students who wish to compete. Participation in the Desmond offers all the competitors an invaluable learning experience. The UB Law curriculum has no requirements, and few opportunities, for the development of oral advocacy skills. The experience, knowledge and poise one acquires from preparation for, and competition in, the oral argument portion of the Desmond is therefore an important part of a well-rounded legal education. In addition to all this, competition in the Desmond also offers the nonacademic benefit of comaraderie, both with the other competitors and with the Board Members involved in running the event. The Desmond generally occupies the middle 7-8 weeks of the Fall semester. Students pair into teams and are given a problem consisting of trial and appellate court opinions dealing with interesting legal issues. The teams must then write appeal briefs (for the side of their choice) that would be presented to a final reviewing court, this year the U.S. Supreme Court. Competitors are usually allowed approximately 4 weeks to complete their briefs. Once the briefs are completed, teams are then instructed to prepare and practice strategies for the oral argument portion of the competition. The oral advocacy portion includes three preliminary rounds, in which each team argues against opposing teams in front of review panels made up of local attorneys. The judges score each individual competitor over several categories pertaining to advocacy skills. Participants are never judged on the merits of a case, but rather the quality of their argumentative presentation. The teams with the eight highest scores then go on through quarterfinal, semifinal, and final single elimination rounds to determine the champion team for the year. After the oral competition is finished, all participants are invited to an awards dinner that is graciously funded by the Law School Alumni Association. Certificates for the top five individual oralists and the top five briefs are given out at this time. Membership on the Board is determined by ranking the combination ofeach individual's average oral score and brief score. Class grades are not incorporated in any way. Since the calculation and verification of the combined scores of each individual is time consuming, offers of Associate Membership are not made until after the awards dinner. Once a student becomes an associate member of the Moot Court Board, she is eligible to represent SUNYAB School of Law at one of the many subject-specific oral advocacy competitions that are hosted by law schools across the country. An orientation meeting has been scheduled for Monday, September 18,1989.We vigorously encourage everyone who might be interested in participating in the Desmond to attend this meeting. Details about the competition will be given and questions will be answered. We're looking forward to meeting you and hope to see you on the eighteenth. IThis article submitted by Gary P. Hall, Director; Niki Moumouladis, Competitions Director; Jeff Markello, Treasurer) August 25, 1989 The Opinion 7 ��� _ I 9i% I - yourL±J crrvn»k BAB A BM BAR/BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.V., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion August 25, 1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b063f309ae53248dbd991319a139eb10.pdf 7dca1da76117c05b20c08ad9b3de1f36 PDF Text Text THEOPINION Volume 30, No. 4 September 27, 1989 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Chief Justice Rehnquist Speaks At Canisius College On Thursday, September 14, Chief JusticeWilliam H. Rehnquistappeared atCanisius College and delivered a lecture entitled "ATale of Two Bicentennials: America and France, 1789-1989."Appearing tired and haggard, Chief Justice Rehnquist read from a prepared text. The subject of his lecture was a comparison of the judiciaries which followed the revolutions in America and France. by Michael Gurwitz Features Editor Chief Justice Rehnquist began with a look at the French revolution. In 1789 France establishedthe "Declaration of the Rights of Man." This declaration, much like our Bill of Rights, established basic freedoms and rights, including freedom of speech and association, a presumption of innocence until proven guilty, and just punishment. Yet in the period of 1793 to 1795, the French embarked on a "Reign ofTerror" in which thousands were executed. The French established "Revolutionary Tribunals" which were a mockery ofthe judicial process. Political prisoners were brought Chief Justice Rehnquist before these courts where the only possible outcomes were death or acquittal. There was no chance to cross-examine witnesses, juries could announce their verdictsbefore all theevidence was heard, and the accused could not speak in their own defense. Eventually even this process proved too slow for the Revolutionary government, and so prisoners were tried en masse, often for unrelated crimes, but always with the intention that they lose their heads to the guillotine. The Chief Justice then examined the American post-revolution. According to Rehnquist, the independent judiciary established by the United States ofAmerica was this country's "most significant contribution to the art of government." While in France the courts were simply minions of the government, the courts in the United States were given an independence which allowed them to withstand the political pressures of the time. Chief Justice Rehnquist cited the case of Aaron Burr. After a falling out with Thomas Jefferson, Burr headed West. In 1806, President Jefferson warned of a conspiracy to cause the States withinthe Ohioand Mississippi valleys to secede from the Union. Burr was named as the lead conspirator and was caught. Though President Jefferson declaredthat Burr was guilty beyond question. Chief Justice John Marshall found Burr innocent. A limited government, according to Chief Justice Rehnquist, made all the difference between the just outcomes of political trials in post-revolutionary America, and the bloodbath which followed the French revolution. The lecture lasted about forty-five minutes, after which the Chief Justice entertained questions from the audience. One young woman asked advice on how to prepare for becoming Chief Justice of the Supreme Court. Rehnquist replied that there is no sure way except for going to law school, working as a lawyer, and then "Being there when the bus goes by." Bruce Brown, news editor of The Opinion, asked about the political nature of the Court. Though it has been stated that the Court exists in a political vacuum (the majortheme of the evening's lecture), Brown pointed out that in theKorematsu case of 1944,the Court apparently bowed to the political pressures of the day and ruled that it was legal to intern Japanese Americans in concentration camps. The Chief Justice responded by sayingthatthe justices of the Court are appointed by a democratically elected President and approved by a democratically elected Congress. The Court, Rehnquist concluded, is neither consciously moved by political pressures, nor popular demonstrations. Sajos Discusses A Democratic Constitution for Hungary Those law students fortunate enough to have heard one of Prof. Andres Sajos' talks on the democratization of the Hungarian Constitution and the deregulation of the Hungarian Economy On Friday Sept. 15, 1989, experienced a candid and good-humored discussion of the remarkable opportunities now open to the Hungarian people by a scholarand actual participant in politico-economic reform. The by Dennis Fordham Staff Writer lecture was made possible by Prof. Meidinger, who invited Prof. Sajos of the University of Budapest to discuss his participation as a drafter of the up-coming Hungarian Constitution and as assistant chairman in charge of deregulating the economy. Theaudience to Prof Sajos' lectures benefitted from the knowledge of a man acquainted with both the practical urgency of the economic crisis that has forced the new developments, and the aspirations of the Hungarians for a democratic constitution. Currently, the Hungarian Constitution is a de jure legal document held-overfrom the Stalinist 1949 imposition of a puppet Communist government. The constitution is basicly a replica of the Stalinist 1936 Constitution, and is not a working element in the judicial life since it is never relied upon in judicial cases. What has existed since 1949 in Hungary is a Communist Party dominated monolithic government. It is now forced by economic failures to recognize non-legal non-Communist parties who call for free elections to Parliament, and a deregulation of state controlled monopolized industry in a glasnost inspired democratization of the Constitution. To accomplish democratization in Hungary, which has a history of only authoritarian control, requires, as Prof. Sajos put it, "imposing democracy upon the people with a German style Constitution and explicit statutory rights." Prof. Sajos sees the need for positive statutory laws such as the recently enacted "right to demonstrate laws" as drawing a clear line against police excesses and manipulation of the Constitution (contrary to the view held by many radicals who see positive laws as contra democratic legislation). A step towards the impostition of democracy (and away from a monolithic government) is the separation of powers between the President and Parliament with the President have the power to nominate the Prime Minister (and Parliament the power to accept or reject) and the power to dissolve Parliament. However, Prof. Sajos fears the Communist government may have retained a trump card since the Communist Party will pick the President despite not having a majority in the Parliament. Deregulation of the Hungarian Economy which currently is wholly state monopolistic is a process which Prof. Sajos realizes, "can only be assisted by getting rid of Party privileges, and not forced by a new constitution." Given, however, that the unsuccessful Com- 1989-1990 SBA Class Directors 3rd YEAR 2nd YEAR Ist YEAR # of Votes Pamela Howell 88 Marc Hirschfield 82 Jim Maisano 78 Daryl Parker 52 Shawn Jacque 48 Brian Carso 44 # of Votes Mark Schlechter Kevin S. Doyle Mark Steiner Mark Phillips Tara Burke Jennifer Latham 46 40 40 35 31 28 # of Votes 52 Judy Buckley Betsy Bannigan 50 Bill Bee 40 Ivan Khoury 36 Aileen McNamara 28 Rob Brucato 26 munist Party is, according to Prof. Sajos, "giving up much responsibility for the economy," the start towards decentralization of responsibility to regional management will be a step forward. As far as individual initiative is concerned, Prof. Sajos foresees "even the second generation under a new Constitution will remain dependent upon the state provided welfare." Finally, if past attempts to give workers control are any reflection on success of such attempts, it is plain to see how easily a de jure system of worker participation was turned into a de facto means of Communist control by co-opting the worker representatives. Overall, Prof. Sajos believes that the process to democratization and free- elections will be a long one, even with the benefit of historic examples of Western countries. As Prof. Sajos reminds us, "the Hungarian situation today is not the same as Lockean 18th Century England or Rousseaun 18th Century France, but is a phenomenon of post-war Eastern Europe that has never known any government but authoritarian regimes." Prof. Sajos is not happy with the Constitution that is to be voted upon by the people but sees it as a necessary step towards getting on with the subsequent process of building up Hungary. Ironically Sajos said, Prof. not "I will protest the constitution, it contains nothing indecent, but I will as a free citizen vote against it." Student Lawsuit Reaches Procedural Climax Majchrzak v. Faculty ofLaw & Jurisprudence, et. al. took some judicial twists and turns last week. Judge John T. Curtin responded to the Plaintiffs' motion for recusal by transferring the case from his dockedt to that of District Court Judge Richard J. Arcara. The motion to recuse was based on Judge Curtin's acceptance of the highest award given by the Faculty of Law and Jurisprudence, the Edwin F. by Bruce Brown News Editor Jaeckle Award. Judge Curtin is one of UB Law't, most distinguished alumni. While the Plaintiffs considered the transfer a victory, Allithea Lango, the defense attorney, emphasized that this was not a decision on the merits, stating, "This is the third case I've had transferred this week, it's not unusual." In another interesting development, the Plaintiffs, on Monday, September 18, temporarily had a default judgement entered in their favor, only to have it undone later that afternoon. This peculiar turn of events was triggered when the Defendants' answer, due Friday, September 15, failed to arrive as scheduled. Plaintiffs Majchrzak and Wienzek then alertly filed an entry of default. Lango told The Opinion that the Plaintiffs'failure to complete service of all the named faculty members made an answer at this time inappropriate and movedto have the time enlarged to October 22. The default judgement was subsequently "undone". The Plaintiffs are still waiting for 12 faculty acknowledgements of the suit. If they are not forthcoming, Messrs. Majchrzak and Wienzek will have to notify them via a processor at a cost of $25 per service. Explaining why they have not yet done this, Wienzek said, "We just don't have the money." HIGHLIGHTS Jessup Moot Court Board Announces 1989 Award Winners pg. 4 BLSA Members Attend Regional Conference pg. 5 ...... . .. �a. u/i/89 RECEIVED BY w9 Coarse Includes: c Mmmmm yB U9 —■—--—------——--—--—-—— Mj Mfc mb DIPPPP I 1«| |j| Jm ft Complete lecture writing # # Multistate Practice and Exam * Multistate Professional Responsibility Exam WPIII n """ U jT I jffm !■ # Multistate Volume tV yVew K>r£ Zflu? K)/a/ne M¥CP n II nTI" * Professional Responsibility Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1,1989. M IIUS — JO/2/2 CtltHfitlfP r CItHQQ UI'XjIUOO O UUiUWILC For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (Sl6) 2 The Opinion September 27,1989 �Jessup Competition Successful; Team, Associate Members Named While most students were winding down their summer employment, travels and classes, competitors in the Jessup International Moot Court competition were just beginning to prepare for the 1989-90 U.B. Jessup Intramural. The "Jessup" is by Kimi Lynn King an annual moot court competition held here at U.B. to determine the four students who will advance to represent U.B. at the northeastern regional competition held in February 1990. In addition to invitations for team membership, the current Jessup Board extended offers for two as- sociate memberships on the Jessup Board. Structured similarly to the regional Philip C. Jessup International Law Moot Court, the Jessup Intramural at U.B. requires all competitors to analyze a problem in a selected area of international law. Participants are expected to write and submit an 8-10 page memorial (brief) on the problem. The Jessup Board selected the problem last spring, and all of the materials were compiled and distributed over the summer. In order to minimize the research, the Jessup Board provides all the information necessary for competing, so Law Library Hosts Carnival of Paintings The next time you are in theLaw Library, and your weary eyes need a reprieve, take a look at the series of abstract expressionist paintings hanging on the third floor wall. Installed in August, this series of paintings, entitled "Carnival," is the work of artist Dorothy Shea (1924-1963). by Ted Baecher Staff Writer The paintings are entitled "Carnival" because they depict various aspects of a French carnival, according to Robert Bertholf, Curator of U.B.s Poetry andRare Books Collection. The paintings, says Bertholf, are like a "suite of plays" or "series of stories" in which "various aspects of the Carnival" are represented. Two other paintings were originally part of the series but were sold a number of years ago. A U.B. graduate who studied at the Pratt Institute and Albright Art School, Dorothy Shea had a distinguished art career. She lectured at Canisius College, the Albright Art School and at the Department of Art and School of Education here at U.B. Her numerous exhibitions have been held at such institutions as the Albright Art Gallery, Chautaugua Institute, Melody Fair and Philadelphia Museum. Her important permanent collections include "Bridge Series #32, Structure 1962" at the Albright-Knox, "The Last Supper" at the Amherst Community Church, and "Untitled Brown Study #1" in the Baldy Hall walkway. Ellen Gibson, Director of the Law Library, said the library was selected as the best campus location in which to display Ms. Shea's work because of the high, white walls. Bertholf, who was primarily responsible for bringing the paintings to the law library, says a "natural match" exists between the environment (the high white walls) and the paintings. He further adds that the paintings are in a position which pose "no security problems." Donated by Betty Cohen, a friend of Ms. Shea, "Carnival" is expected to remain indefinitely at the law school. Gibson is delighted to have the paintings at the library and says that reaction thus far has been very favorable. Second year student Carl Tierney agrees with Gibson and believes the paintings "add something to the place." So if you are in the mood for something other than legal research, take a moment to appreciate Dorothy Shea's "Carnival." no outside research is necessary. In addition to the written portion, all competitors are required to present an oral argument before the International Court of Justice. This year's international legal quandry found two fictitious nationstates the Republic of Yokum and the locked in a Confederation of Shangri feud regarding state responsibility forterrorist activities and the permissible use of force in combating terrorism (simple, — — light-hearted stuff). Since most students do not have a background in international law, the competition is unusually difficult because international conflict resolution is governed by unique sources of law. All the competitors are to be given special commendation for spending their first two weeks of school preparing for the competition. All of their hard work and effort was evident on September 6 and 7, when outside panels of judges heard oral arguments. The judges, clerks, and Board agreed that this year's competition was fierce. All competitors are to be congratulated for having undertaken such a challenge. Members of the U.B. Jessup Moot Courtteam and associate members of the U.B. Jessup Moot Court Board are selected based on an equal weighting of their scores on the written and oral components of the intramural competition. Now that the competition is over, the real work for the team is just beginning. All team members are required to take Introduction to International Law with Guyora Binder. Beginning in October, the team members will start research tutorials. When the problem is issued from the American Society of International Law Students Association, team members will begin researching and writing a memorial for the regional competition. The Jessup competition offers students an excellent opportunity to enhance their writing skills and increase their oral advocacy capabilities. All first and second year students interested in competing in next year's competition should watch for information in late March regarding an orientation meeting. Because of the manner in which the competition is structured, students will need to have their address on file with the Board, so they can receive information over the summer. The Jessup International Law Moot Court Board proudly presents The 1989-90 U.B. Jessup International Law Moot Court Team • DeniseColsanti-Munson • Mary Beth Scarcello • Loretta Smith Congratulations to: Jon Eric Braun (Associate Member) Lenny Cooper (Associate Member) • Bill Bee Awards: Loretta Smith, Best Oralist Lenny Cooper, Best Memorial Bill Bee, 2ndBest Oralist Mary Beth Scarcello, 2ndBest Memorial Eric Braun, 3rdBest Oralist Denise Colsanti-Munson, 3rd Best Memorial Denise Colsanti-Munson, ExcellentOralist Bill Bee, ExcellentMemorial Dennis Fordham, Excellent Oralist Loretta Smith, Excellent Memorial Alice Elder / Moses Howder (tie) Mary Beth Scarcello, Excellent Oralist ExcellentMemorial 1989 FALL SEMESTER DISCOUNT $150 WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE, VERMONT OR RHODE ISLAND BAR REVIEW. A $50 REGISTRATION FEE SECURES THE CURRENTDISCOUNT TUITION OF $995 IN NEW YORK, $845 IN NEW ENGLAND AND $745 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ THE LAST DAY . IP DE AkMMffiED -r TO SAVE $150 IS f>_ i , September 27, 1989 The Opinion 3 �opinion elf STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW September 27, 1989 Volume 30, No. 4 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael Gurwitz Photography Editor: Jeff Markello Editorial Student Groups Need Financial Freedom Every year representatives of student organizations attend a lengthy budget hearing to fight for their share of the limited SBA budget. Many students fail to realize that the minimal budgets student organizations are awarded at these hearings are in essence out of their control throughout the school year. It seems logical that students willing to donate the time to run law school organizations should be able to easily obtain money from their budgets to buy things such as office supplies and materials for making posters. This is not the case. The entire SBA budget, including the budgets of law school organizations is closely guarded by Sub-Board I, and helping student organizations get access to their budgets does not appear to be one of their main objectives. The "easiest" way for a student organization to get money for a project or event is for the students in the organization to put up their own money, collect receipts and turn them in with properly filled out forms to SBA. SBA then turns them in to Sub-Board I. It is often weeks or months before the students are reimbursed. The alternative to this quick and easy method is to plan an event at least six weeks in advance. Receipts have to be collected in advance from vendors who are often unwilling to write out a receipt when no cash or merchandise has exchanged hands (can we blame them?). Vouchers and documentation of the intended purchase is then turned in to SBA and subsequently to Sub-Board I. The result of all this paperwork and running around, hopefully, is a check given to the student organization. The check is made out to the vendor and students are then able to go to the vendor and make their purchase, hopefully before the end of their event. It is not the end, however. Students have to return the original receipt to Sub-Board I after the purchase. This is to prove that we unscrupulous law students didn't have a night on the town with a check for $20.00 made out to an office supply store. Sub-Board I has little faith in law students. Often, their watchdog tactics have the effect of dictating how student organizations should spend their money. Is this not for the organizations to decide? Unlike the typical undergraduate student getting his or her first exposure to balancing a checkbook, most law students have had years of experience handling money and balancing budgets. We are respectable individuals entering a respectable profession and most of us have no desire to skip town with the hundred dollar budget that was allocated to our group. We want pencils and typewriter ribbons, not company cars and executive suites. Is it entirely unthinkable that student organizations should be in control of their own budgets? SBA and the other law school organizations are part of an unproductive edifice whose end result is constant bureaucratic delays. Due to the inordinate amount of red tape, bills are not paid on time and cash is not accessible. SBA, along with all the law school organizations, needs to start working now on a way to put the students' money back'in the hands of the students. Staff: Ted Baecher, Dennis Fordham, Eric Katz, Jim Monroe, Alice Patterson Contributors: Maria Germani, Kimi King, Bob Linden, Maura Malone, Fermin Soler, Andrea Windiey 'Copyright 1989, The Opinion. SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUN YAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. Students Urged To Evaluate JAG Issue On Their Own To the Editor: I often find The Opinion to be interesting reading, particularly the editorial and Mailbox features. But every once in a while a facile attempt at misrepresenting the facts of a current issue "slips" in. I am referring to the letter "JAG Controversy Revisited" by Nathaniel Charny in the 13 September 1989 issue of this past week. Charny's assertions are at best spurious and obfuscatious. At their worst, lies; insofar as not telling the whole truth is functionally the same as telling a lie. Since Charny refused to name or enumerate the institutions he alleges discriminate in their hiring practices, I will; he is referring to the Judge Advocate General Corps of the U.S. military and the Federal Bureau of Investigation, the only two that fit his ill-informed and arbitrary definition of employment discrimination as applied to hiring institutions. Charny makes it a point not to mention that the hiring policies of these two institutions are mandated by Federal law and regulation; proscriptions against homosexuality being compulsory in the military 4 and in the case of the FBI concommitant on the sensitivity of the position being applied for (see 42 USC 2000-e-2 and 10 USC 505, 591, 1216, 1331 for starters). The supremacy of these institutions to set their own standards for their personnel has been consistently upheld by the courts. The proscriptions that Charny is against, i.e. homosexuality handicapped status, and age are considered bona fide job requirements, not to serve as the tools of discrimination that he purports them to be. Charny outright lies when he implies that sexual preference was added as a protected class to the CDO policy solely to comply with Gov. Cuomo's Executive Order 28 and SUNY Resolution 83-216. It is clearly stated in The Opinion of 10February 1989 in an article by Jennifer Latham in paragraph three, "This ban is based on the addition of sexual preference to the school's anti-discrimination [which] was the result of a policy student initiated policy organized by the National Lawyer's Guild." In the Mailbox feature of the same issue, this charge is re-affirmed in an article by Associate (continued on page 5) The Opinion September 27, 1989 .. . Student Alleges Opinion Reporters Lack Objectivity To the Editor: Once again, The Opinion has written a cover story on a sensitive issue with its usual degree of objectivity. The story in the September 13th issue entitled, "Students Bring Suit Challenging Faculty Statement" was so completely biased against the students and the suit that one wonders why, on page six, they bothered to write an editorial on the subject. It was redundant. The front page article was nothing other than an editorial itself. Messrs. Brown and Baecher go to great lengths to quote no fewer than five people in opposition to the merits of the suit, while they apparently could find not one in support of it. They make statements like "[t]he two irate students are claiming that the faculty statement, which has never been enforced...." The use of the term "irate" is obviously meant to give the appearance that Messrs. Weincek and Majchrzak are out of control (the word "concerned" would have done just as well). Clearly, the reference to the nonenforcement of the statement is to make the prohibitions contained therein appear somehow benign. Would the two writers of the article then say that the antisodomy laws of a number of states, which make oral sex between consenting adults illegal, are perfectly alright because they have not yet been enforced. I think not. The article mentions the motion, by the plaintiffs in the suit, to have Judge Curtin excuse himself based on the appearance of impropriety. The writers prominently quote Professor Nils Olsen who states, "that's pretty silly and a real insult to a very fine judge." Aside from the fact that such a motion is not meant to insult a judge, but merely to ensure justice, the writers failed to mention that Judge Curtin was just given an award and honored by this law school last year. Would you want a suit decided by a judge who was just given an award by your opponent? The Opinion writers further fail to mention that the motion was granted. Apparently, Judge Curtin agreed more with the plaintiffs than with Professor Olsen. To Judge Curtin's credit, he didn't find the motion "silly" at all. The article goes on to quote Dean Filvaroff extensively. He is quoted, in response to the comments by William Bennett, as saying, "I would not back away from being called a liberal law school at all. 'Liberal' implies freedom of exchange of ideas which is what education is all about." Very noble! However, no mention is made of the Wall Street Journal's Aside, on the Review and Outlook page, which quoted a Professor of History here at UB as saying he was unaware of a single conservative professor at the law school. The Journal then asked "is that liberal or illiberal?" Someone should also point out to the Dean that it is the freedom of exchange of ideaswhich the First Amendment is dedicated to protecting. It is this veryfreedom to exchange ideas which the faculty statement is attempting to limit. The writers of the article make a point of mentioning that the faculty amended the statement in May 1988, but that the complaint doesn't mention this. Perhaps that is because the amendment is meaningless. What does it mean to say the faculty "does not contemplate [the] imposition of sanctions...." Doesn't anyone wonder why the amendment doesn't simply say that no sanctions will be imposed for pure speech? These are lawyers (continued on page 5) Classics Professor Proposes Faculty Statement Revisions To the Editor: I have been attempting since February '88 to convince the Law Faculty that part 3 of its 2 October '87 resolution is a serious attack on the intellectual and academic freedoms of its students. My own view is that the Law Faculty made this mess and it is therefore up to the Law Faculty to fix it, but nothing whatsoever, to my knowledge, has been done. Please note that by the resolution of 20 May '88 a committee was to be formed to make recommendations for action by the Law Faculty at its first meeting in October 1988. Needless to say, nothing has been done. But, to assist this supposed committee in its deliberations I wrote a memo this Spring which I would like to summarize. 1. I reminded the Law Faculty that we are in the business of educating our students, not hurling "condemnations" at them, and that such activity is abhorrent to our profession and a violation of its duties. 2. The third part is so vaguely worded as to be worthless, and indeed dangerous. I point out that by its wording there is nothing which could be said about any of the groups mentioned which could not be interpreted as a violation ofits terms. 3. The offense aimed at in the thirdpart is described in technical jargon and in words not a part of the English language. I especially point out the objective meaninglessness of the terms "homophobic" and "ageist." 4. "Swift condemnation" is the language of criminal justice. No one knows what that means in this context or what kind of "dialectical extension" an enraged Law Faculty member could give to it. Ah, what a brave new world this would be! Imagine speech police roaming at will armed with the power of swift condemnations! 5. Par. 3 is aimed not merely at the regulation of speech, but at the thought which underlies the speech, which is even worse. I reminded the Law Faculty that the attempt to excize evil thoughts by forbidding and punishing their expression has always failed. Here the paragraph requires the listener not merely to condemn the act of speech, but more properly fo determine the intent of the thought behind the speech and to punish that. Ex: Were a student to stand up in class and declare that in his opinion all persons ought to be subject to mandatory retirement at age 55, the immediate issue for the member of theLaw Faculty is to determine whether the statement betrays "Ageist" "prejudice and group stereotype" (how?). If the faculty member determines that this is the case, he will subject the speech and the speaker to "swift condemnation;" otherwise he may not. 6. Which special groups should be included in the par. 's protection and which should not? What criteria did the Law Faculty employ in coming up with its list? Why were innumerable groups deleted from protection and others included without any explanation? The clear and immediate danger argument doesn't wash because the resolution includes groups about which there were not antecedent claims of "speech victimization." No objective criteria were established for exclusion of groups from protection. 7. / recommended the excision of that paragraph and the substitution for it of the following: "We affirm the right of every student to speak freely on any subject, and to hold and express opinions on any matter whatsoever, and we vigorously deny the existence oftaboo subjects of speech which may not be discussed freely, openly, completely, from every point of view, by every student, without fearofcondemnation or punishment." It is the business of the Law Faculty to encourage, not discourage, speech, all speech, not just certain types of approved speech, not just orthodox speech, but all speech. Official ominous and vagu"; decrees have the opposite effect. Did not the US Supreme Ct. recently say: (continued on page 7) �Law Students Travel To Boston For BLSA Conference The northeast region of the National Black Law Students Association held its regional meeting on Saturday, September 16, 1989 at Harvard University. Approximately 60 students, representing 18 law schools were in attendance. Representing SUNY Buffalo were BLSA president Valda Ricks, a second year student, BLSA Regional Treasurer Beverly Britton, a second year student, and first year student Andrea Windley. by Andrea Windley The purpose of the regional meeting is to inform the various BLSA chapters of events taking place within the region as well as to inform them of any problems or changes that have occurred on the national and regional levels. The foremost topic on the agenda at the regional meeting was the BLSA/NALP job fair. The job fair is being held on October 6,1989 at Fordham School of Law in New York City. More than 225 employers from private firms and public interest associations willbe participating in the job fair. NBLSA plans to begin a monthly newsletter which will include; featured writers, announcements, current events, South African Task Force updates, poetry and BLSA news. SUNY Buffalo will be among the law schools in the region which will contribute to the first edition of the newsletter. For the second year, NBLSA will be engaged in the Adopt-A-Highschool pro- gram. The purpose of the program is to encourage African-Amercian students to pursue a legal education and to increase awareness amongst African-American attorneys, law students and pre-law students of the needsof the black community and their responsibility to address those needs. In New York City, BLSA chapters have been very politically active. They have formed a political action team which has registerd over 500 voters. They are also working with the People's Coalition For a Just City Governmentto ensure that New York City makes a fair and adequate proposal for its charter revision. BLSA members have done legal research and have prepared a legal memorandum for the coalition. One of BLSA's upcoming events is A Leadership Conference And Alumni Reception. The conference will be held on October 28,1989 in Hartford, Connecticut. The University of Connecticut School of Law will be the host chapter. The theme of the conference is "The Shape Of Things To Come; Challenges Facing Black Lawyers In The 90s." There will be a sub-regional meeting on October 14,1989 at SUNY Buffalo.The next regional meeting will be on November 11, 1989 at Syracuse College Of Law. All BLSA members are encouraged to attend the regional meetings and conferences. The National BLSA Convention is tentatively scheduled to be held in March 1990 in Detroit, Michigan. Bronx DA Discusses Internship, Employment Opportunties Assistant District Attorney, Frank lanucci, visited the UB Law School, September 15, 1989 to hold interviews and to encourage first, second, and third year students to join theBronx District Attorney's Office. by Maura Malone "Do you want to be fascinated and enthralled by your work?" was the question lanucci repeatedly asked the approximately thirty students attending the brown bag lunch. He emphasized that, in the DA's office, attorneys learn by doing and that they "learn to think on [their] feet and make judgements." lanucci's audience could well believe him, as lanucci worked the room recalling anecdotes from his eleven years in office, telling of the pressures he faces as an as- Reporters Lack Objectivity ment, the writers do quote Lisa Morowitz of the National Lawyers Guild, who says, "three years later to come in and wage war and not look at the context of the on thefaculty. They know how to preclude sanctions if that is what they mean to do. Does the amendment mean that, because no one has, at this time, violated the statement, the faculty, at this time, does not "contemplate" sanctions, but tomorrow might change that. Clearly, the amendment does not preclude sanctions. The amendment signifies nothing and is not worthy of mention. Why does the article not mention the second part of the amendment which "requests that the committee on committees authorize a student faculty committee to commence work during the summer to produce clarifications to the statement, for action by the faculty at its first meeting in October 1988." Has anyone seen or heard any of theseproposed clarifications which the amendment seems to admit are needed? While failing to mention that amend- sistant district attorney, and putting students on the spot as to what they would do in like circumstances. lanucci, who has tried a range of violentcrimes and received death threats, admitted thatthe job has changed his perspective. Noting that before coming to the DA's office, he had been involved in such actions as the march against Kent State and Vietnam Vets against the war, and had considered himself a liberal, lanucci admitted that he now believes "that 10% of the population is bad" and "there are a whole host of crimes that deserve the statements which death penalty" brought looks of discomfort to some of his audience. The Bronx DA's Office hires approximately 50 attorneys each year. The office . — . ment, the writers do quote Lisa Morowitz of the National Lawyers Guild, who says, "three years later to come in and wage war and not look at the context of the statement is wrong. Of all the injustice that is going on in the world, this lawsuit is a waste of time." First of all, I didn't realize that the more injustice there was in the world, the less justified we are in protecting our constitutional rights. Perhaps Ms. Morowitz believes that if we have a little more injustice in the world we can suspend the right to trial, or the right to life or liberty, or perhaps the consituation itself. That is a typical leftist approach: claim there is too much injustice and use that as an excuse to suspend all human rights. Furthermore, if Ms. Morowitz really looked at the incidents which led to the faculty statement, she would realize that they are all already prohibited by the laws of harassment, assault and vandalism. There is no need to suspend the First Amendment. None of the acts of which she speaks will be protected if these students win their suit. Only free- has a total staff of 351 people. Approximately 1500 + 3rd year students apply for positions; all students requesting interviews will receive one. Starting attorneys are required to give a 4 year commitment and to live in New York City, lanucci noted that most attorneys stay 4-5 years. First and second year students may also request a 10 week summer internship. The internship entails rotations to the various bureaus with the DA's Office, to observe and assist assistant DAs for two week periods. The internships are not paid, but the number of internships is basically unlimited. A primary concern of students was the low starting salary ($28,000 to start, with a raise to $31,000 upon passing the bar), lanucci admitted that the salary was low, noting that he had "painted living rooms on the weekends for 4 years to pay off student loans," but added that the salary increases to approximately $42,000 after 2 years, lanucci currently makes approxi- dom of speech (sound familiar?) will be protected. Perhaps, also, Ms. Morowitz can explain to me what difference three years makes. I didn't realize that if you suspend a constitutional right for three years, then you were never again allowed to try to regain it. The article also quotes Jim Monroe who "doubted whether the plaintiffs 'sincerely mean to uphold the First Amendment' and wonders 'what type of racist and sexist speech they believe should be protected.' " It would seem that Mr. Monroe would grant free speech only to those who would speak of things with which he agrees. If we do not protect all speech which is meant to convey an idea, no matter how much we may disagree with that idea, then we have protected nothing. It is speech with which we disagree that we are most likely to try to supress, and it is, therefore, that very speech that we must take care to protect, lest we destroy the right forever. I can only imagine Mr. Monroe, if he had lived during the forming of the constitution, asking, "what kind of treasonous speech are you trying to protect? What kind of blasphemy are you trying to protect? What kind of anarchistic speech are you trying to protect?" And on and on. Perhaps, from now on we can all go to Mr. Monroe and ask him what kind of speech he finds acceptable, then we can be assured of never running afoul of the First Amendment according to Monroer If we do not protect the speech withwhich we disagree, we have protected nothing! Finally, Associate Dean Albert, obviously in favor of the faculty statement, expressed his delight at the thought of finally getting to hearfrom a disinterested judge. I join him in his delight. However, I doubt if, after the verdict is rendered, he will join me in mine. Keith L. Woodside The Bronx DA's office is headed by Robert Johnson, who was elected in a much publicized election last year, during which the incumbent, Paul Gentile, was forced to withdraw following allegations by Rudolph Guiliani that Gentile was using federal investigative information for political purpose, lanucci noted that the office is in a state of flux and that Johnson is overhauling the office. Further information regarding positions in the Bronx DA's Office is available at the Career Development Office. from page 4 JAG Dean Lee Albert, which states in paragraph four, "The ammending process began abouttwo yearsago with a Student Bar Association resolution requesting protection of gay and lesbian students." This is an obvious case of special interest groups applying pressure to institute a policy change to further their own agenda at the expense of others. The faculty was all too willing to rubber-stamp it for them with their special-interest seal of approval. This ammendment therefore absolutely was not a case of the faculty merely trying to align its policies with the law. Which brings me to the point that Executive Orders and SUNY resolutions are nof law, even though Charny and his comrades seem to think so. They are either ignorant or fantasizing. E.O. 28 and SUNY 83-216 are internal administrative regulations that cannot be applied to outside third parties. A good example of this is illustrated by Under 21 v. Koch, Mayor of the City of New York, in which the Court of Appeals of New York, Wachtler, C.J., held that an executive order of the mayor was an unlawful encroachment into the unique public policymaking regime of the legislature when it attempted to regulate the behavior of contracting third parties mately $82,000. Editor's note: The motion to recuse resulted in a transfer of the case to the docket of Judge Arcara. This action took placeafter publication. The fact that Judge Curtin was given the Jaeckle award was noted in the paragraph above the Olsen quote. The second part of the amendment was printed along with the entire faculty statement on page three. from page 4 by prohibiting employment discrimination against homosexuals, a position not yet taken by the duly-empowered legislature. Now to Charny's baseless defamation of UB President Steven Sample. Charny only shows his complete and utter lack of critical ability and objective judgement in these areas. To say that homophobia (?) was Pres. Sample's reason to come to the conclusion he did is nothing but a low, derisory slur against a competent executive who was only doing his duty, and such an accusation is beneath contempt. Such an infantile reaction is, however, an excellent indication of the shallowness of Charny's mind and his total blindness to any of the other considerations that Pres. Sample may have had to make, given his responsibilities to the rest of the University community and the other 26,000 students that attend ÜB. Charny's other lowly assertions such as Pres. Sample does not care about the rights of students or that he has rubberstamped bigotry and prejudice as hallmarks of university policy should be given all the consideration they are due: none. As for Charny's moronic charge that Pres. Sample had no legal reasons to strike down one of the law school's pet policies is further proof of the degenera- tive condition of Charny's faculties. In addition, for Charny to imply that Pres. Sample did not have the authority to do so is as patently ridiculous as saying Pres. Bush does not have the authority to regulate the conduct of the Department of Defense. As hard as it is for Charny and his ilk to believe, there are students who may want to meet with the military and FBI recruiters without having to leave the confines of the law school or the campus to do so, which is exactly what the law faculty and other individuals intended. Charny asserts that these recruiters were not prevented from recruiting at the law school, but this is just another one of his many lies. One just has to give a brief perusal to the headline of The Opinion's issue of 26 April 1989saying, "FBI Recruiting on Campus Thwarted" to see this out- right prevarication. Pres. Sample was, in his action, making sure that students wishing to meet with these recruiters not be denied the opportunity to do so because of the actions of a few dogmatic individuals, who see the only furtherment of their own cause, regardless of the means used or the costs incurred by others. The law school went far beyond the pale of its own authority by issuing this ammendment, which also contradicted the long-standing University policy of free and open access for all. Pres. Sample had no choice but to round up a runaway law faculty and put it in its place. As much as people like Charny would like to dictate and impose their views on others, they will not be allowed to do so, and Pres. Sample's actions are indicative of this view. The rest of Charny's comments, such as his Nazi-Aryan eye color euphemisms and his rallying squeak to the flag of the NLG show that Charny operates in an intellectual Bermuda'sTriangle; good information goes in, but no good ideas come out. I urge anyone thinking of joining with him to make their own determination on whether his cause, or more importantly, his tactics and methods are right and just, and to look at all sides of an issue after having disseminated all of the relevant information, and not to just take his word for it. If the diatribes of Nathaniel Charny is the result of a UB Law education, we can all watch ÜB's Law School ratings fall through the floor, as if they have notfallen enough already. September 27, 1989 The Opinion Drew Miller Page five �You'll Pass Because We Provide Complete, Readable Texts :■>m-?;t*Z&C<.. :xxx*::::::::;: ' lflill. whsssjw' : :: .- . ....... :::: .;:'!■- :'!.':* -:-' '.;:..':: :'; ..-yx>V:':"'::x: >■•''" :x:: i:'vWv :VV;S-»..- ..;••;;■:•■•:■..'*<:•-'■' ...■:.:.'-■ ■:.:. -■ *::■:: «,:^''.r-:y. ;:fcf;-V .-■:'- ".ssS;:';! w■■■■■ ; ■■.: :;; -:: ;x ;■.::-■■.-;:: ■■■.:■■:.:■;.■■ : ■::. : : -:: ':■: .-.-"■.;:.:' v * Jx'xjxVxxSS. s%> : v^vxT'':. ; -; ■'-V/'':":-;: ':'..;::':fj .■:-;'■ xy'" : x :'-.' :^-u.>';':r^-'' I:SSSS::;::¥ffi¥i. - ' -v:x.-,i;V'- *' ..-' '. ' ..-xt-,.J'•••:;.■; "* :: :. x . '""'. :: y-<;'.x:'.-r.-. ,••'•.■-:.:■■' :;.<■.■•••■ >••..•■-■ i-. ;;-S. Stating the law is easy, but preparing bar review materials that explain the law is not. Bar review courses must provide all the law that could be tested on the Bar Exam while avoiding the temptation to include matters which are beyond its scope. Our expert staff of experienced lecturers and editors ensure that our materials are SJ •-•-■■■ .. •'.,*-'. ....■>. - ••'xK'rx s '" <> rVI "V" : 'Xxxx: ■■:::«:: ~....- -■■■•::■:::".: ":*>:'::■. »-!S.-i;: .:::■::- «■•■■■-:::■•:. "•" '-"■-■■-••.,;■-.:;-• ..:<a ..■■■.:■■:".•■■ '':'.:.■■:-': "V ■ .'.■■•• ■ ::: ::: :::::::: ':: :;:; :x: x : :: :SSSS :■* xxX:;:; 11 1 'x^ffiSxxxxffixxKx 'x'xxyx:x:x:y complete, accurate, and clear. Our students particularly like our narrative texts, which teach the law better than the abbreviated "outlines" used by other bar reviews. We're convinced we've got the best written materials in thebusiness Compare ours to othersand see for yourself, - Get the Kaplan-SMH Edge! •M STANLEY H. IJ I fll\r\l I . JTT U \ JlVlrl BAR RFV FW SFRV JUIW CFS IVLVILVV Jv ILJTVIV [800) KAP-TEST 6 The Opinion September 27, 1989 [800] 343-9188 Stanley H. Kaplan Ed. Ctr. Ltd. 1330 Niagara Falls Blvd. «.», Tonawanda, New York 14150-8917 «>pp*» bo-*™. (716) 837-8022 ©1989 Kaplan-SMH Printed in USA �NLG Leads Protest Against Rehnquist Decisions national vice-president of the Guild, stressed thatthis was not just a spontaneous response to a local event. Rather, he went on, UB Law, Berkeley and Michigan are among 26 law schools at which ongoing movements geared toward demographic diversity and the preservation ofcivil rights will be found. While this action was calculated to raise awareness about the vulnerability of affirmative action and reproductive rights at the Federal level, future actions will focus on the "need for UB Lawto strongly assert it's support for affirmative action by diversifying its faculty and student body." Oechsner emphasized that "from a national perspective UB is better than most, but the NLG would like to see the school hire an openly gay professor." Additional gaps in the faculty, he noted, are the need for Asian and Hispanic professors as well as the NLG's desire to see the administration set an overall goal of 50% women on the faculty. Another NLG spokesperson stated that the goal of diversity within the school is a necessary element of the public interest perspective emphasized here at ÜB. "No institution can adequately respond to the needs of the public without reflecting the diverse makeup of society." Since the elevationof William Rehnquist to Chief Justice, the Supreme Court has increasingly been the subject of political action aimed at tempering a perceived move by the court's current majority to restrict past decisions on affirmative action and reproductive rights. by Bruce Brown News Editor The Chief Justice's recent visit to Buffalo prompted members of UB Law's National Lawyers Guild (NLG) to brave the cold and rain to get out the message that they will not stand idly by as the "Rehnquist Court" dismantles hard fought rights. A groupof nearly 75 protestors greeted the Chief Justice with signs, chants and a handbill which declared "so dramatic is the impact of the 1989 decisions that the parallel that comes to mind is the postcivil war reconstruction era. Back then, it took 33 years to get from the promise of Student Protestors Outside the Emancipation Proclamation in 1863to the bleak reality of "separate but equal" endorsed by Plessy v. Ferguson in 1896. Due to unforeseen space limitations, part 2ofIsabel Marcus'essay on her experience in China will be printed in the next issue. of Canisius College This time, it has taken 35 years to get from the glowing promise of Brown v. Board of Education's 1954 to the'Civil Rights Cases' of 1989 that have seemingly enshrined the principle of 'unequal but irrelevant.' " The protestors were made up of law students representing the NLG and local members of the National Abortion Rights Action League. Troy Oechsner, a UB Law student and Faculty Statement Law School Committee Deadline Extended from page 4 "It there is a bedrock principle under- written student brief on the excuse that the student "meant well"? I must assume that if the Law Faculty continues to refuse to examine this paragraph, it is simply making a collective assertion that in the defense of orthodoxy it has the right to utter tripe, dangerous tripe. It does have that right. But I hope I may be allowed to hope, even though I have been described as a fanatical ideologue and worse by members of the Law Faculty, that reason will eventually triumph. Sincerely, Thomas C. Barry Classics lying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." In short, par. 3 is a farrago of inadequate thoughts badly expressed, and as an act of communication of the Law Faculty, is a disgrace. The only consistent and plausible excuse for the paragraph I have heard from members of the Law School is: "It was a terrible situation, and we did the best we could. We meant well." Would you as Law Faculty ever excuse an inadequately conceived and badly The Student Bar Association is extending the deadline for the law school committee sign-ups. The new deadline for committee signups and letters of intent is Friday, September 29, at 5:00 P.M. Committee candidates will be assigned an interview time which will be posted Monday, October 2 on the SBA door. Interviews will be conducted Tuesday and Wednesday, October 3 and 4, from 5:00 P.M. to 10:00 p.m. A description of each of the committees and their functions will be posted along with the sign-up sheet. Be sure to sign up NOW!!! 1988 New York Bar Exam Results The following percentages are based on all persons who took theSummer 1988New York Bar Examination for the first time. New York State Pass Rate BAR/BRI Students -'. '" ■'-"■. ;; ':' ■"-. ■-Xj-"- ' : . X (,*"■"' '- ■-.:'■• V; -.',-- X xx' » : :••: ■ '■■•. -: -: x : .■.-;,•■ X-V l 'X." X.xXXX-x.'\ s .-';--'--Vx-'i::r-%--;'.'---x%'x ■':' -:xxx..;J <,*',' "~ '•' -.'■ '.X kv - rc; v J f •-;•; >-jf '■■'■ X" .- X -' „ <* , ,- \■ x > X-■ ii.-.X <■■■:■- '•-" j Non-BAR/BRI Students , : ."'■. Tir''-t ..-X-~ ;XX'.'X''.X.< XXO.XX'X- '";.-.;., ,X V '■ ■ >; .. ' X.'X ." \ „ > ; XX -~*'~' ,V -. ■ > .'' X ■% ■-,;, ;,■.■'- Another Reason More People Choose BAR/BRI Than AllOther Courses Combined. BAR REVIEW New York and the Nation'sLargest and Most Successful Bar Review PLEASE NOTE: All percentages hair been rounded off to the neuM wholenumber. 1989 BAR/SRI September 27, 1989 The Opinion 7 �Modesty prevents us from telling you how good BAR/BRI Is. I Therefore... we've let BAR/BRI students do the talking. | I was as prepared as I could have been. The exam D0surp 9eB U was bvin n 'Kh k>iare, but to d thU gain ""'■ v BAR/BRI again. will itake Albany Law School £?i™, " *° " " - ■ ... ' ' _t... v Your course was worth the money. I couldn't .magine being more V\ didn t pass the fault in no way can be attributable to any misguidance on your part I also was very comforted by the feeling you all conveyed that you're concerned and cared. It showed that customer satisfaction is important to you and I am a satisfied cuatomer! Thank you!! Albany Law School - lam very happy with the BAR/BRI program. I feel that you provide exceUent prc«ram and I would highly recommend it to others. If Ido not pass the bar, it will not be because of a lack of effort on behalf „ your «ffi,.iiiii/niii~, tl v. you for all of the BAR/BRI personnel.i Thank an. ' p _- , _. Brooklyn Law School . AU.nalLlwMv.rys«tirfiedw.thßAß/BRl...After hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety i. very good in the coura. of a aummer. Brooklyn Uw School - I was generally satisfied with the lectures and very mt.A tZ. .it »k. __:»� -i glad for all the wntten matenaJa you gave us .It the outlines and practice questions). In addition, I appreciated your obvious support and encouragement for us during tins very stressful period. BAR/BRI gave me structure that I needed for the bar. • Looking back, I think I would be in tough situation had to aPPro ch thi» on ,ot of friends who have been taking other courses and I've sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really good job....The BAR/BRI personnel is very helpful. I've called Steve Rubin several times on the phone. He has always been available to answer questions. He literally called me at 12 o'clock at nighCAlso, the office people have been really helpful t00...J would definitely recommend BAR/BRI to anyone. *' " • ' . Columbia Law School The lecturers were really terrific, I expected that sitting in front ofaTV 3 hours a day would be unbearable, but for the most part they made it almost an enjoyable experience. - Ho^ rT^ J! U . - — - I was very pleased with what I was taught The way V2*" | - "S? viewer. Fordham Law School - Uw « ' shaking my confidence because of what I didn't know, like other bar candidates)....ln addition, the good luck letter made me feel good. Thanks. - I Cardozo Uw School I didnt find out what I hked about the course until fast night when I was talking to one of my friends who was taking Pieper and even though he had all mnemonics d0wn...1 just found that he didn't have the grip on the substantive law that I thought I did. .1 think the lectures really lay everything out for you. They give you enough of an overview that is required to really be able to handle the essays. I would definitely recommend the BAR/BRI course to a friend. Cardozo Uw School 8 « * - BAR/BRI was great as far as giving me emotional support and confidence in what I did know; (not - ting thu vtln« tl<>n for the New '"? • exams •**•«• (and before NJ). I York State and Multistate *" T? B,ncere,y uke to 7°° that you all did a terrific ob nd d«^nr """eh praise. Thank you! Uw School " W « ' * **«*»*« ,I thought . . „ „ m „, was outstanding in every way and '* A BAR/BRI wm recommend it to all who ask. Thanks to Stan, St ve Erica aß<l tbe BAR/ 8111 "taff. You can be P nmd' rf Jwnr organization, w York Uw School " ° "* v?raD the eo ,rBe WM "W ***■ BAR/BRI helped ™c.' miMr»hle experience a lot more bearable. I'm ffad I took the course, * NVU Uw School ' BAR REVIEW The Opinion September 27, 1989 . , yearTof thTaudience. .. ... . J _ rw.~n „.™ —«.*~i „•.». mo mm - ,j School * P«e. Law acnooi _ «v_ «k «.. » v, ~ ,-,.„, v i"" £"",£* *?*? ""l?**. 5-. *v _._• vt. . •_. j thamdc^thinkthisiamuch^tia, ** £T . * o BAR/BRI was the Ideations on the exam. Where I was unsure I had no problem making something up. ..No doubt you heard the test essay was almost identical to a practice question. Good show! Georgetown Law School Trf* 1i mithtfVnLhnl\H^Z^JZ.l, !™™^t^!T^™,^n in «rr„vd ,D Kaom I was very impressed with BAR/BRI. The methods, ""* * "•rvard L** School techniques and materials were all very helpful. Most of all, I appreciated the way BAR/BRI made itself ! «T reahBbc 'ho"4 available to each member individually, to give your "*• ttheeyfactP8 yln to BC )mbeen PliBh -to get us to pass. personal home phone numbers to thousands of people ? V / was both "daring-and commendable. No matter what 'hke the feet that they really try. Despite the fact ttat there ta a ■*«• num her of people in the the results of my exam will be, I know I will toant have etaMy Rott*o a lot of feedback on the recommend BAR/BRI to others. God Bless! ' think that my chances on passing are a lot aasays...l Buffalo Law School better with this course...l took BAR/BRI under recommendation and I would certainly recommend it I would recommend the course to others and don't to <*****■ regret my choice. Harvard Uw School Buffalo Uw School - . - - m memorised mnemonics and for that I am grateful. Brooklyn Uw School c n ~*ii Uw School Brooklyn I thought the lectures were the best They're very thorough. They give you all th. information you need to know. That'a what I like best about BAR/BRI. NYU Law School BM( School ; - BAR/BRI for . NYU Law School .- - Th. most effective thing about the BAR/BRI course was the bam. work. It's pretty rigid.You know what you should be doing at all time....! seem more happy with BAR/BRI than other people seem in other immediately....! would highly recommend anyone studying for the New York Bar I would definitely recommend the course to friends I think it's a good way to Dreoare for the bar It do«. Cornell Law Law ocnooi School iromeii not put tnat much pressure on you. I followed « the Khedu]e I found that during th. course the achedul. I»™ completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me foe] that BAR/BRI prepared me extremely well for the a lot of free time up until the last day of class. exam, and I would certainly recommend your course. Preparation has not been that painful at all. Cornell Law School NYU LawSchoot I»» very impressed with the whole operation Inc. fa well-organized and set-up to -spoonyou really have a captive aud.ence, I expected a lesser Th to After 3 level of professionalism and caring. I have friends v, bw other courses, some ofwhom are subjected to scare , , i_-i i i »n. • j tactics and panic lectures. I appreciate the lack of the M encouragement throughout given the lectures. Ii would hap /ppi «»e,>.« at BAR/BRI. tmaumni Fordham Law School p-c# gghooi Thank you for Essay #6 on the Bar. I was tired but Thank you! when I saw the question, what an adrenal surge. I did Fordham Law School well in the bar but having done Essay #6 already and knowing th. modi Th. material, are very good. Th. mo* important gift Thank you. BrookJyn Uw important and what isnx So you can know what is ent -The BAR/BRI W PrePMW,mefo thebM answer « What I like about the course is that itis really straight forward....ln addition to learning the law you learn how to answer the questions on the exam and how to write a good essay and that's what really counts I found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always gotten back to me or answered the question ™ n D preparation for the bw exam. BAR/BW Mcd jS' John' * " .... * «<>hnni 01 * "° "T*'- "^J!™". - d^ ,' I not B"™ 8 Merely stress hard work without foiling off d *. rf approval to friends, law students and anyone else who will listen. Thank you for running a first class operation. . st -onn Johns Law School oi. ■ Law ocnooi 1 w,, very with the BAR/BRI course. The lecturers were all good and interesting. I took no additional courses and I feel confidentthat the main «,„„» g.ve me adequate preparation. g, ~„„„., . I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 found BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. 1 could go to the office and just listen to the tapes. I found that to be very good.l would definitely recommend BAR/BRI because it covers everything you have to know. -St John's Uw School j � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-09-27 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f4a2d62e6401cc942b0a1c1806aa465d.pdf 896a40ab655d8ee3127c789bc5829a68 PDF Text Text THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 5 October 11, 1989 O'Neill Opens Distinguished Speakers Lecture Series On Tuesday, October 3, 1989, Thomas P. (Tip) O'Neill opened ÜB's Distinguished Speakers Series at Alumni Arena. The former speaker of the House of Representatives spoke for over one hour before answering several questions from the audience. budding in Eastern European nations, O'Neill commented, "We can do little more than shout encouragement because we're short of cash." by Maria Germani Beginning his political career as a representative to the Massachusetts state legislature, O'Neill eventually occupied Jack Kennedy's place in Congress, where he ultimately became Speaker of the House a position he held from 1977 until his retirement in 1987. O'Neill spent fifty uninterrupted years in politics, not once losing an election. His career spanned the duration of eight presidential administrations. A delightful storyteller, Mr. O'Neill began the evening with a recollection of an amusing conversation which transpired between himself and John F. Kennedy on January 19, 1961 —President Kennedy's Inauguration Day. O'Neill revealed the absolutely trivial thoughts of a man who is being sworn in as President of the United States. The ex-speaker then discussed America's recent past, as well as concerns the United States should be addressing in the future. Pleading "guilty" to being a "big spender" throughout his political career, O'Neill spoke of the effects of the deficit incurred by the United States a recurring topic he addressed throughout the evening. O'Neill stated that America's "don't worry be happy mentality" of the Reagan administration, one in which "we only thought of today" has resulted in the one which is tripling of the deficit "slowly undermining America's leadership." Noting democratic reforms are — — — Tip O'Neill at Alumni Arena The ex-Speaker's dominant message of the evening was one that called for America to stop borrowing from the future and start investing instead. America "needs to invest in new technologies." Several times throughout the evening, O'Neill pointed to the paths Japan and other Asian countries are taking into the future. While military or space programs account for 93% of new research conducted by the United States, Japan commits 98% to "new priorities." O'Neill stated, "We have to maintain our educastrength, but eliminate waste tion is key to success." "Japan is doing it right," noting the greater number of hours per week Japanese students spend in school compared to their American counterparts. "Human resources matter as much as natural resources." "The deficit makes it difficult for us to compete." What O'Neill alluded to was America's competition with Japan come 1992, the year of market unity by twelve member nations of the European Community (E.C.); a creation which will form the world's largest market and trading bloc. ■European technological vacuums in such — fields as computers will result in competition between fat cats like America's IBM and Japan's Fujitsu, that is, until the mostly Western European nations which comprise the E.C. research and develop their own superior goods. On the homefront, O'Neill gavefleeting attention to race relations and the Supreme Court. The ex-Speaker declared race relations "90% better." He passingly noted domestic concerns such as crime, failing educational systems, environmental problems, illiteracy, drug abuse, and other prevailing woes afflicting the United States. The ex-Speaker displayed tremendous approval and confidence in President George Bush's "friendlier and less partisan" approach to alleviate these problems. He called for "competence, not ideology." Polarization of issues, especially prevalent in the Reagan era, is something to shun, especially in light of Gorbachev's potential political perishability. "It's in the best interest of all of us that Gorbachev stays in his position." While criticizing the financial and domestic condition resulting from Reagan's ad- ministration, (tripling of the deficit, world's largest debtor nation, more crime, drugs and homelessness), O'Neill remarked that Reagan's legacy was foreign affairs. "He's cooled the Cold War." The major clean-up of Congress that O'Neill would like to witness is election reform. The ex-Speaker is adamantly opposed to the election war chests incumbents raise and rely on for re-election, as well as the discouraging affect on challengers, who have everything it takes, but the money. He would ultimately like to see the death of Political Action Committees' contributions to Congressional elections, as well as a limit on the amount of money candidates may spend. O'Neill has discovered "a whole new life at the age of 77." These days he can be seen appearing in ads for such goods as creditcards and beer, and commercials for motels. While he confesses to "missing leadership," O'Neill doesn't seem to mind playing the lobbyist role for a change, nor the handsome pay that accompanies it. The Opinion Wins ABA Award! by Bruce Brown News Editor The winners of the 1988/89Law School Newspaper/Magazine Competition have been announced and we are pleased to report that The Opinion has taken second of Daniel Ibarrando Cruz, Editor-in-Chief, Alexei Schacht, News Editor, Donna Crumlish, Managing Editor, Andrew Culbertson, Features Editor, Damon Scrota, Layout Editor, Maria Rivera, Business Manager and Jeff Markello, Photography Editor. Loan Forgiveness Program Sought The Buffalo Public Interest Law Program has focused on the implementation of a Loan Repayment Assistance Program (L.R.A.P.) for the U.B. Law School this year. 8.P.1.L.P., headed by Graduate Assistants Chris Thomas and Kathleen Welch (both second year law students) has conducted preliminary meeting with other law students, and a task force has been formed for the research and advocacy of a "U.B. specific" L.R.A.P. plan. by Mary Clare Kane Having finished conducting a four year survey of U.B. law students, their career plans and debt burdens, 8.P.1.L.P. begins its campaign forthe actual establishment of a L.R.A.P. at U.B. Law School. General goals for the semester include the advocacy within the law school and the local legal community for an L.R.A.P. plan. The research division of the task force will be studying L.R.A.P. plans which have been established at other law schools, drafting an "options paper," and writing a proposal for a program at U.B. A Loan Repayment Assistance Program is basically another form of financial aid. It differs from otherfinancial aid packages in that it begins after graduation, it is contingent on the type of employment the graduate accepts, and varies with the graduate's salary. Qualifying employment in most L.R.A.P. programs includes legal work for the government, legal services work, or work for a non-profit organization as defined in sections 501 (c) (3)-(5) of the Internal Revenue Services Code. Examples of such work are the NAACP Legal Defense and Education Fund, the National Coalition for the Homeless, and other Legal Aid Services. In 1974, the first L.R.A.P. program was established at Harvard Law School. Since 1974, twenty other law schools have implemented L.R.A.P. plans, among them New York University, UC Berkeley (Boalt Hall), and the University of Michigan. In 1988, the State of Maryland enacted a statewide loan repayment assistance program, which gives priority to legal services lawyers but also is open to social workers, nurses and other people who choose careers in the public interest field. "The success of the Maryland campaign is clearly the result ofcollective efforts on the part of a coalition comprised of lawyers from the legal services community, law students, the private Bar, public interest groups and influential leaders," said Kathleen Welch, who noted that "similar legislative campaigns are underway in at least four other states." Statistics demonstrate that our legal system is producing more and more lawyers, yet a vast number of citizens are without adequate legal counsel. Fewer (continued on page II) The 1988-89 Opinion Editorial Board and Staff place in the Class B division (schools with more than 750 students) forthe best overall newspaper in the country. First place went to the Harvard Law Record, from Harvard University. The Stanford Law Journal, from Stanford University, won the best overall newspaper prize in the Class A division (Schools of 750 or less) and went on to win five awards in total. The contest was sponsored by the American Bar Association's Law Student Division and winners were announced at the annual LSD conference in Washington, D.C. The variety of subject matter covered by the winners showed the wide range of issues faced by law students and law schools today: scare tactics used by a study aids company, faculty diversification, AIDS, military recruiting and discrimination. Last year The Opinion was guided to success by an editorial board composed HIGHLIGHTS Supreme Court to hear case concerning the administering of anti-psychotic drugs to prisoners against their will pg. 3 The release of Dr. Morgan from prison after two years forces courts to take a new look at civil contempt issues pg. 4 The second part of Isabel Marcus' narrative of her summer stay in China the troops move in pg. 5 . ... �(i?ip m *y\y T'sni ° REGisTRAri N must mmwm ii/i/89 w& The Pieper Course Includes: ft Complete m,^^^^^^^m —*<% WITHTHE )**h h DTyUyD m mmMm ■■■If saj nU I <& writing # Multistate Practice and Exam Multistate Professional Responsibility Exam afjalj Multistate Volume ■& Afeo; J&rfc iaw Volume ¥C II I" |l|f Hi ■P Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1989. * Professional Responsibility M JOtUl ll€p€r S IIUS r Clnoo CiiifinnfD iH'KjIQSS UUiU(MLt — For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 Telephone: (516) 747-4311 The Bar Course That Cares. 2 The Opinion October 11, 1989 �NLG Revives JAG Corps Issue At Faculty Meeting The National Lawyers Guild is trying to refocus attention on the Law School's Non-discrimination policy. On Fri. Sept. 29, at a meeting of the Law School Faculty, Mark Schlecter, an NLG spokesperson, gave a presentation which encouraged the faculty to "become as vocal as the law students and undergrads" on the issue of employment discrimination. At the end of the spring semester Sample then concluded that, in placing "sexual orientation" on the list of groupsthat employers were prohibited from discriminating against the Law School had overstepped its authority. by Bruce Brown News Editor In the fall of '88 the term "sexual orientation" was added to the faculty statement against discrimination. This action had the effect of preventing employees such as the Judge Advocate General Corps of the United States Armed Forces from being able to recruit on campus. Although the Law School had set its own policy on employment discrimination for 14 years, adding items such as "marital status" without objection. University President Steven Sample placed the law school policy in abeyance last February to clarify the jurisdictional issue. Mark Schlecter The University administration's action against the Law School faculty triggered the formation of what Schlecter referred to as a "non-violent movement" to pressure Sample and raise public awareness of "a rise in homophobic literature and attacks." The most dramatic action of this "Anti-Discrimination Coalition" of law students and undergraduates in the Law School was a demonstration which blocked an attempt by the FBI to recruit on campus last April. At the meeting Nathaniel Charny, speaking on behalf of the NLG, tried to prod the faculty into action by stating that it has yet to respond to Sample. Specifically, the NLG wants the faculty to write a position paperto denounce and counter Sample's actions, andform a litigation/action committee to research the possibility of "litigation to achieve the goals of the Law School's Anti-Discrimination Policy that was taken away by President Sample." The reactions to the presentation were varied. Dean Filvaroff felt there was no need for a position paper saying that the Administration is "well aware of our position on this" and not likely to change their mind. Prof. Mensch favored the idea of litigating the issue, saying "maybe we should start a lawsuit." She also said that Prof. Freeman had been doing some preliminary research into the issue and would be willing to work on it. Prof. Thuronyi raised the voice of caution; he thought the idea of a lawsuit was "not such a good idea." Troy Oeschner, another NLG spokesperson, felt that with the current mood in the Federal Courts, a legal action may be of "limited value." The faculty, he felt, should resort to basic organizational techniques to pressure Sample to adopt the policy, by identifying like minded faculty and approaching alumni to limit contributions. Prof. Meidinger voiced support for a strong university-wide anti-discrimination policy, but reminded the NLG that divestiture has its costs. Finally a motion was made by Prof. Joyce to form a committee to look into the various possibilities. The motion passed on a voice vote in which it appeared that Prof. Reis was the only nay vote to be heard. Supreme Court To Hear Important Case On Prisoners' Rights Can prison inmates be given antipsychotic drugs against their will, without a judicial hearing? This is the issue in one of the cases being argued before the U.S. Supreme Court today. Washington v. Harper is on appeal from the Washington Supreme Court (110 Wash 2d 873) and is yet another case concerning the limits on procedural due process. by Donna Crumlish Editor-in-Chief Walter Harper served four years in the Washington State Penitentiary where he voluntarily underwent antipsychotic drug therapy. He was paroled in 1980 on condition that he participate in psychiatric treatment but had his parole revoked in 1981 when he assaulted two nurses. Harper was sent to the Special Offenders Center (SOC), a special corrections facility established to provide diagnosis and treatment of convicted felons with be- havioral or mental disorders. Harper voluntarily submitted to antipsychotic drug treatment while at SOC but refused to continue in November 1982. In accordance withthe SOC involuntary medication policy, an in-house hearing took place and it was decided that Harper be given the drugs involuntarily. Harper appealed the decision to the reformatory superintendent who upheld the involuntary treatment. Harper was in- voluntarily medicated until 1985 when he brought this action for injunctive and monetary relief. Harper's main contention is that the SOC involuntary medication policy fails to provide adequate due process protection, because it does not provide for a judicial hearing. The Washington Superior Court wrote a decision in favor of the State but the Washington Supreme Court reversed and granted Harper relief. The Court based its decision partly on the highly intrusive nature of the antipsychotic drugs and their "adverse, potentially permanent side effects." Although antipsychotic drugs have proven benefits to the acutely ill. Were Children Killed Because of System's Ineptitude? On the afternoon of July 20, 1989, an Erie County Department of Social Services worker, detectives and police arrived at Barbara James' apartment on Buffalo's east side. Barbara James came out of her apartment, with bloodstains on her sweatshirt, and told a detective she had killed her children. Inside the apartment paramedics found the bodies of two of her baby daughters, Brittany James, 6 months, and Victoria James, 18 months. She had slashed their throats with a razor and then drowned the infants. Her son by Maria Schmit David Gottwald, 9 years, had been picaxed in the back of the head and had his throat slashed. David survived the attack and is now living in a foster home. The worst part of this tragedy is that it was foreseeable and could have been prevented. Relatives and friends had tried to help. They knew something was drastically wrong and called Social Services who they thought would act upon their warning. Unfortunately, they placed their trust in the wrong people. Reports were taken and filed, but not acted upon. And then it happened, Barbara James did what she said she would do. Now Barbara James sits in the Erie County Holding Center charged with 2 counts of murder and 1 count of attempted murder, while psychiatrists for the prosecution and defense argue over whether she is competent to stand trial. But, it is the competency of Erie County Department of Social Services that must also be questioned. There were severe warning signs that went out prior to the July 20th attack sending a clear message that Barbara James and her children were in serious need of help. Yet the loud and clear cries for help went unheeded. The James family had a thick file in the records of the Department of Social Ser- vices. After thebirth ofboth her daughters Barbara James went into postpartum depression and attacked her husband with a knife. Following the birth of her second daughter, she spent time in the psychiatric unit of Erie County Medical Center. In May 1989, her husband Allan James was picked up on an outstanding parole violation in Pennsylvania. He was sent back to Pennsylvania to serve time. While her husband was in jail her mental condition began to decline. Months before the attack, Mrs. James' parents called the Erie County Department of Social Services from their Pennsylvania homeand asked theDepartment to remove the children because their daughter was unstable and using alcohol and drugs. On July 14, just six days before the attack, David Gottwald locked his mother and step-sisters out of the apartment and called the police. He told the police he did not want to stay with his mother. At 10:30 p.m. the police arrived, let Barbara Jamesand the babies into the apartment, took a report and left the scene. On July 18, two days before the attack Social Services received a letter from a neighbor of the James family. The letter asked Social Services to take the children. Days before the attack Barbara James began calling Cami Benkert, her sister-inlaw in Virginia, and stating that she was going to kill herself and the children. Cami Benkert called the Erie County Department of Social Services and Child Protective Services on several occasions and told them Mrs. James threatened to kill the children. The day before the attack Social Services sent a case worker to the James' apartment. The case worker told Mrs. James that Social Services were going to return the next day and initiate a Family Court proceeding. That evening Barbara James went to a pay phone and called her sister-in-law. She told her a case worker had been to the home and told her they were coming the next day to take the children and put her back in a mental institution. Again she made her threat. It was after 5 p.m. and Social Services were closed for the evening. Cami Benkert felt this threat was very serious and called a case worker at home. Someone answered the phone and told Mrs. Benkert not to disturb workers at home; call back at the office during working hours. Early the next morning Cami Benkert received another call from Mrs. James asking her to come and get her. Mrs. Benkert, who had other family responsibilities and little money, said she could not come immediately. Barbara James said she was going to kill the kids and hung up the phone. Again Cami Benkert called Social Services. A case worker took a report and told her they would send someone out, sometime during the day to check out the situation. Mrs. Benkert called again later to make sure the call was being followed up; no one answered the second time. That afternoon Mrs. Benkert received a call from Social Services saying they got there too late. This was a serious problem that was ignored and re-ignored until it was too late. It is because of a whole Department's irresponsibility and inactionthat two children are dead. Nine year old .David Gottwald is recovering but will be traumatized for life. There is also a woman who needed mental help who was left in a situation that she should not have been in. In a sense Barbara James is herself a victim; a victim of a bad system. She needed help and was reaching out for help. Family and neighbors tried to help but they placed too much trust in the wrong hands. Barbara James committed a horrible act. However, a serious crime was also committed by the Erie County Department of Social Services the crime of omission. Social Services should have to answer for this tragedy. — there are common unpleasant short term side effects and potentially permanent tardive dyskinesia (an irreversible neurological disorder characterized by uncontrollable movements of the tongue, mouth or jaw). The Court found that people have a fundamental liberty interest in refusing antipsychotic drug treatment and that the liberty interest survives criminal conviction and incarceration along with involuntary civil commitment. The State conceded that there was a fundamental liberty interest but argued that the interest was adequately protected by the SOC in-house hearing. SOC hearings are held before a committee composed of a psychiatrist, a psychologist and the SOC associate superintendent. A majority of the committee must find that the prisoner suffers from a mental disorder gravely disabling him or causing him to present a likelihood of serious harm to himself or others, before the prisoner will be involuntarily medicated. The psychiatrist must be a member of the majority vote. The hearing process does provide some procedural protection: 24 hour notice of the hearing, right to be present and present evidence (including witnesses), right to cross-examine, the assistance of a lay advisor, the right to appeal the decision to the SOC superintendent, and the right to periodic (bi-weekly) reviews of the initial hearing. The Washington Supreme Court however felt that some important procedural safeguards were missing: the SOC hearing does not allow representation by counsel, the rules of evidence do not apply, there is no opportunity for outside (judicial) review and the prisoner's former treating physicians are allowed to sit on the periodic review committee. The Court did concede that there are times when antipsychotic drugs may need to be administered involuntarily but held that the State must show a compelling state interest in the administering of the drugs and that the administration of the drugs is both necessary and effective for furthering that interest. The case has drawn amicus curiae briefs from more than two dozen mental health organizations, hospitals, states and the federal government. LABOR LAW SOCIETY presents Brown Bag Lunch Series Prof. Judy Scales-Trent will speaffc*on: Employment Discrimination and Recent Supreme Court Decision! Thursday, October 19th at 12:00 P.M 4th Floor Student Lounge. Pizza and Soda will be served. October 11, 1989 The Opinion 3 �Dr. Morgan's Release Highlights Civil Contempt Issues Elizabeth Morgan is a free woman. This is quite an extraordinary event foranyone incarcerated for a significant amount of time after being afforded a trial. It is an even more significant event for someone who sat in a jail cell for twenty five months sans examination and determination by due process of law. Ms. Morgan was not in jail for a criminal act she committed. Rather, she has been in jail for something she failed to do. Two years ago Ms. Morgan was held in contempt of court for failing to disclose the whereabouts of her then 5 year old daughter Hilary. Dr. Foretich asked Judge Dixon to hold her in contempt for disobeying court orders. The judicial volley continued until Dixon ordered that Foretich be allowed a two-week unsupervised visit. Ms. Morgan attempted to bar the visit, alleging that after previous visits with herfather, Hilary displayed "suicidal behavior." Upon the court's rejection of her plea to bar the visit, Morgan placed Hilary in hiding. The Morgan case is a lesson in evidence, and judicial procedure, wrapped in a bitter child custody dispute. Errors are inherently a part of our judicial system, and there is more potential for them in.an area of law where the governing rules are broad, and leave critical decisions to the sole discretion of the presiding judge. Evidence law teaches us that a judge makes a preliminary determination of what parties can admit as evidence. Judge Dixon was not satisfied with Ms. Morgan's proof of Dr. Foretich's sexual abuse of Hilary. Ms. Morgan complains of Judge Dixon's refusal to allow testimony that corroborates her charges. Whether Judge Dixon abused his discretion in excluding the proffered evidence is an issue to be resolved upon review of the case before a higher court, not upon review by 535 members of Congress. Is it possible for a 2 1/2 year old child to give verbal indications of sexual abuse as Ms. Morgan alleged? What kind of "suicidal behavior" does a 5 year old display? Can the average 5 year old understand the concept of suicide? According to Prof. Charles Ewing, suicide among children that age is "virtually unheard of. It takes more than the abuse Ms. Morgan is alleging to drive a 5 year old to suicide." Prof. Ewing further commented that "even depression is unheard of." Prof. Ewing described Ms. Morgan's actions and allegations as "almost heretical" and "totally bogus. She is abusing the child." by Maria Germani On September 23, 1989 President Bush signed a law which puts a one year limit on the length of time a person can be jailed for civil contempt without facing trial for criminal contempt in a child custody case. The law was aimed directly at freeing Ms. Morgan and applies only to the District of Columbia courts. The law does not require Morgan to produce seven year old Hilary, or disclose her whereabouts. Arguing that the bill was solely for Ms. Morgan, Dr. Eric Foretich, Ms. Morgan's ex-husband and father of Hilary, alleges its passing was a result of Morgan having "friends in the right places ratherthan [the law] being right." Elizabeth Morgan's legal saga began with the breakup of her marriage to Dr. Foretich, and the birth of her daugher one week later. Morgan was granted custody of Hilary and her ex-husband obtained visitation rights. They continued quarrelling over custody of the child after their divorce until Morgan finally accused her ex-husband of sexually abusing Hilary. She demanded that the court curtail his visitation rights. Washington, D.C. Judge Herbert B. Dixon, Jr. found her allegations inconclusive. She persisted, however and began denying Foretich visitation rights. While a 2 1/2 year old child may verbally express allegations of abuse, according to Prof. Ewing, "So what?" At that age, what does it mean? What does a preschool kid really know, and are they capable of saying what really happened? Memory isn't the issue, the ability to convey it is." Prof. Ewing, has testified as an expert witness in domestic abuse cases and was pleasantly surprised by the judge's treatment of Ms. Morgan. He said in most "battle of the experts" cases of sexual abuse, the man is "usually guilty until proven innocent. It is remarkable [for Judge Dixon] to say it [the evidence submitted by Ms. Morgan] is not sufficient." The Morgan case also raises questions concerning the objective power of judges to hold people in contempt. Contempt orders are judicial "sticks" used to compel behavior or coerce tight-lipped witnesses to otherwise rethink their silence. It is a powerful weapon in the court's arsenal. While a typical case might involve a witness failing to divulge who their informant, or source of information, is, a federal judge once held a female attorney in contempt of court for using her maiden name in his courtroom instead of her husband's surname! Contempt orders are progressive, strongly suggesting what the court expects in the near future from an uncooperative witness, party in an action, or attorney. As in the Morgan case, the power of a contempt order dissipates after a certain length of time has passed with no cooperation from the charged person. In such instances, contempt is no longer coercive, but crosses theboundary into the punitive zone, punishing the charged person for their lack of cooperation. Public opinion on the Morgan case varies Ms. Morgan is eitherthe epitome of motherhood, or a vengeful, deceitful — woman. Upon hearing of the plight of Ms. Morgan, I believed in the validity of her actions, and even more so the legislative actions taken on her behalf. But a closer analysis of this child custody battle has led me to believe otherwise. While I do applaud any person who would take great measures in protecting a minor (or an adult) from any kind of sexual abuse, if that abuse is found to have existed or exists), I am concerned about theinterference of the judicial process inherently present in the law signed by President Bush. The legislation was designed to force Ms. Morgan's release from prison. Such legislation is not only a reflection of the results of a backlogged judicial system, but also undermines the competence and capacity of the judicial system to rectify its own shortcomings or wrongdoings if such are found to exist. Clearly, something is wrong when a person is spending more time in jail for contempt of court, than a criminal convicted of assaulting someone with a deadly weapon. (In the latter instance, the defendant might receive a 2 year sentence if the injuries are bad enough.) Ms. Morgan was released after the Court of Appeals for the District of Columbia ordered the end of her imprisonment, the order was signed by a Superior Court judge. My concerns are over the actions of the legislature; Congress prematurely stepped in before the appeals process was exhausted. The Morgan Law has put a cap of not more than one year on incarceration for contempt in such cases. While it is binding only in the District of Columbia, and expires after eighteen months, it sets bad precedent because of the message it conveys to those parties finding themselves in similar situations. As Prof. Ewing commented, "I've seen parents who would gladly spend a year in jail to keep their spouse away from their child." 1988 New York Bar Exam Results The following percentages are based on allpersons whotook the Summer 1988New York Bar Examination for the first time. BAR/BRI Students New York State Pass Rate ;-- U- «,; i. Non-BAR/BRI Students '; -i fe .'',->■> Another Reason More People Choose BAR/BRI Than All Other Courses Combined. ft4/? REVIEW New York and the Nation's Largest and Most Successful Bar Review PLEASE NOTE: All percentageshave been rounded oflflo Ihe nearest wholenumber. 4 The Opinion October 11, 1989 1989 BAR/BRI �Emotions Run High As The Chinese Government Asserts Control This is the final excerpt of Associate Dean Marcus' narrative of her summer stay in China which is to be printed in full in the Critical Legal Studies Newsletter. This article is under consideration by Tikkun. by Isabel Marcus */ — Associate Dean The prospect of an army foray onto the campus was a terrifying one. Rumors or reports therewas no longera meaningful difference between them regarding the unpredictable and possibly uncontrolled behavior of the army at the Square circulated at the gate. All accounts seemed plausible. Stories reported that the army had dragged students from the dorms at Beijing University, killed them, and piled their bodies into trucks. It was said that doctors treating wounded soldiers in hospitals found traces of amphetamines in soldiers' urine. I recalled unverified reports during the Korean War that Chinese soldiers attacking in "human waves" were drugged by the Chinese government. During those years I assumed such reports were American propaganda designed to further dehumanize "inscrutable Orientals." But now these were accounts from Chinese students who suggested that the drugging was government policy. They reinforced the image of irrationality and simultaneously of a cruel calculating regime. Finally, there were statements that the army was bringing in reinforcements a crack unit composed of soldiers from rural areas which had served in Kampuchea and Vietnam and was spoiling for a fight. It was apparent but left unstated that such a unit was unlikely to have any sympathy for the cause of the students and citizens of Beijing. And there was an interesting pragmatic personal element: Would the army vent its wrath on other Chinese or would it turn on "foreign element"? On the other hand it was a legitimate tactical question. On the other hand it seemed irrelevant. No one could be an innocent bystander. Contemplating the possibility of an army search of my room, I began a cat and mouse game packing exposed films from the Square in sanitary napkins on the probably foolish assumption that — — — — the soldiers would not rifle through such objects and stashing slips of paper with addresses of Chinese whom I was supposed to contact in rolled up socks whilst at the same time deliberately leaving out other unexposed film cannisters and notepads as decoys. I tried to envision a soldier tearing about by room, screaming at me in a language I did not understand, and my trying to remain cool and calm. At least I could practice in my imagination. I then returned to thecampus gate where a very large crowd had gathered. There was a nervous edginess in the air. People who appeared to be residents from the surrounding hutongs (alleys) mingled with students. I tried to remain at the edge of the crowd but found myself pushed into it as groups of persons surrounded me some speaking English and others simply wanting to listen to the language. Suddenly someone yelled something urgent in Chinese. The crowd turned toward the campus and began running through the gateway arches. I was swept along cursing myself for wearing flip flops. Images of tripping or being tripped by falling bodies flashed before me. I would be buried alive beneath them. Or, I would be shot from behind and fall wounded or dead on a pile of bodies. Then with perfect clarity the photo image from the Vietnam War of a woman running, her mouth frozen in a scream, appeared before me. I became THAT WOMAN. Sobbing and breathless I ran until the crowd thinned out. I was close to the dormitory. I went to my room and lay still for half an hour. I recalled scenes from my own graduate school days in Berkeley in the sixties. Running from the police and the National Guard, a wet bandana across my nose and mouth to ward off the tear gas, had been a less terrifying experience. Perhaps because it was my own turf and I could communicate with the people around me. Perhaps because I did not assume that the occupiers would use live ammunition. On later reflection it wasthis latter point that was so crucial. Were I a person of color in the United States I might not have made the same assumptions. After my heart beat had slowed down and I had stopped trembling, hearing no noises of military occupation, I went — CCC Holds Weekend Retreat Citizens for Constitutional Concerns, a recently formed group of law students concerned about a number of civil liberties issues, sponsored a weekend retreat/ conference at Allegeny State Park on Sept. 29th Oct. Ist. The purpose of the gathering was to raise awareness about serious threats to constitutionally guaranteed civil liberties posed by the war on drugs. Approximately thirty law students, undergraduates, graduate students, faculty, and working people from the Buffalo area attended the retreat. - by Jennifer Latham Staff Writer The faculty present consisted of Ed Powell (Sociology), Charlie Haynie (Social Science), Tom Jacobsen (Communications) and Jeff Blum from the Law School faculty. Jim Ostrowski, a Buffalo attorney who was vice chairman of the New York Lawyers Association Committee on Law Reform, also attended. The discussion focused on the health and safety aspects of certain sorts of drug use, the federal Anti-Drug Abuse Amendment Acts, and the ways in which law enforcement has backfired or failed to lessen drug use. One participant stated that because of urine testing, pot use among armed forces personnel has declined. He stated that LSD use (which cannot be detected through urine testing) has increased substantially. A straw poll of discussion participants revealed that approximately two thirds felt that some degree of criminal prohibition might be appropriate depending on the seriousness of the health effects of the drug. The remaining third leaned toward a more libertarian approach involving the legalization of all drugs. The participants felt that an analysis of the problem and the formulation of possible alternative approaches would required more discussion, analysis, and research than could be accomplished at the retreat. The group planned to form a new group (apart from Citizens for Constitutional Concerns) that will continue to meet. This group is one of a number of groups that have formed across the nation in response to the war on drugs. Refuse and Resist, for example, formed by Abbie Hoffman and others in 1987, has active chapters in ten cities and is in the process of forming six more. Refuse and Resist sponsored a large national conference concerning the war on drugs last summer. Organizers from Chicago told of the lock outs that occurred in Chicago's public housing projects last year. Entire buildings in the projects are surrounded and sealedoff by police and dogs. Every apartment is entered and searched before any tenants are allowed to return to their apartments. No search warrants have been obtained. There is no probable cause and no warning. The tenants are bodily searched by security guards. Persons who cannot demonstrate that they are included in the lease are evicted. The group formed last weekend at the retreat will probably not be as multifaceted or as activist oriented. However, all interested people should plan to attend their next meeting on October 12th. downstairs. At the dorm entrance I encountered an English speaking Chinese student who told me that a soldier filled jeep had been spotted down the road and that someone, believing that it was a reconaissance vehicle likely to be followed by a convoy, had yelled "run." In fact, it turned out to be a lone jeep cruising down the road; it had not turned into the college gate. I was too drained to return to the gate. tried to sleep. Outside a full blown I rainstorm swirled. Crashing thunder and flashes of lightning recreated a battlefield outside my window. At times I leapt to the window, unsure whether it was nature or the army at work. Of one thing I was certain. It was time to leave China. On Monday morning my SUNY colleague and I contacted the airlines to change our return reservations. We could only hope that the scheduled United plane would arrive in Beijing on Tuesday morning and be allowed to land. We then informed college officials that we were planning to leave. There were now stories circulating that the two armies in the city might start shooting at each other on Monday night (Major military manoeuvres always occurred during the evening hours). They suggested that we might wish to spend the night at a hotel. We asked whether a van from the college would be available to drive us to a hotel. That was not possible; workers were on strike and no drivers had shown up at the college. (Since private cars are so rare in China, the number of licensed car operators is limited largely to those Chinese who drive taxis, vans, and buses). One person suggested that we try to ride bicycles to the Friendship Hotel (a 10 minute cab ride) and that he would follow on a bicycle with a cart attached for our luggage. Finally the SUNY exchange director who was living in the Friendship Hotel found us a van. I took all the books and other items which I had brought from the Statesand put them in plastic bags. "Take these and give them to students" I said to the sorrowful and frightened looking group. I took one of them aside. "Please take all the money the Chinese government gave me as my first month's salary (approximately four times the monthly salary of a Chinese worker) and give it to the student movement" I whispered. He looked bewildered and protested "I cannot take it." Later I realized that perhaps he, who was planning to go underground because he had extensive contacts with foreigners (in fact, he gave me a list of people in the States and Australia to tell not to write to him for the present), was afraid of being caught with a large sum of money in his possession. Eventually I left the money with another person, an (continued on page 11) LSAR Protests Meat-Eating The occurrence of World Vegetarian Day on Sunday, October 1, gave a small but determined group of protesters a fitting opportunity to voice their concerns in front of the Burger King restaurant located at the corner of Main Street and Bailey Avenue. by Andrea Sammarco and Michael Gurwitz Features Editor The protest, which began at 12 noon, was organized by LSAR, Law Students for Animal Rights, and garnered support from both the UB Animal Rights group, and ARAWNY, the Animal Rights Activists of Western New York. Burger King and other fast-food restaurants have been targeted in recent yearsfortheir apparent disregard of serious environmental and health-related concerns. pounds of grain and soybeans are needed to produce one pound of feedlot beef," according to the flyer. "1.3 billion people can be fed with the soybeans and grain fed to American cattle per year," the flyer concluded. "The support we've received from people driving by is great," said Tracy Sammarco, one of the protesters. When asked what she hoped to achieve through the protest, she said: "I'd just like people to know that the most minute change in a person's lifestyle can effect a great deal of social and environmental change for the better. For example, about 60 million people starve to death each year worldwide. The number of people who could be adequately fed with the grain saved if Americans reduced their yearly consumption of meat by only 10% is about 60 million." Other allegations made by the group against Burger King included the restaurant chain's practice of buying Icelandic cod for its "Whaler" fish sandwiches, an ironic name considering that there is a boycott of Icelandic cod because of Iceland's repeated transgressions of an internatonal ban on whaling. The next day, Monday, October 2, LSAR observed World Farm Animals Day, a day dedicated to the billions of animals who are slaughtered each year for food and, appropriately enough, the birthday of Mahatma Gandhi, a lifelong vegetarian. The group arranged an informational table across from the law library, where they distributed literature and answered questions concerning factoryfarming and vegetarianism. Maria Schmit, a second-year student and member of LSAR, explained her participation in this way: "I've been a vegetarianfor five years and believe it is right in many ways. There's no reason for people to eat animals when there are so many other foods available. I don't think that animals should suffer and die needlessly. Vegetarianism offers a compassionate alternative." Students Tabling on World Farm Animals Da\ Flyers were distributed listing the numerous arguments in support of a vegetarian diet, coupled with an enumeration of various distasteful practices in which Burger King has been involved. First and foremost on the list was the The deadline for the next issue assertion that Burger King has been impliof wholesale destruction of the cated in "the THE OPINION rain forest, which is cleared, then planted is with grazing grasses to create the cheap 16, 1989 October Monday, fact segues American hamburger." This at 5:00 P.M. into startling statistics detailing "the staggering waste and cruelty" which acPlease put letters and articles in Box 59 or 60. companies meat production in the U.S. and worldwide. For instance, "Sixteen October 11, 1989 The Opinion DEADLINE 5 �FROM THE OPINION MAILBOX: OPINION STATE UNI VERSITYOF NEW YORK AT BUFFALO SCHOOLOF LAW Volume 30, No. 5 October 11, 1989 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael Gurwitz Jeff Markello Editorial Tell Us More About The Bar!! Torts, Evidence, Contracts (including Article 9 Sales, Real Property (including Future Interests), Constitutional Law, Criminal Law (and Procedure). These are the topics covered on the Multistate portion of the Bar Exam. We are given six hours to answer 200 multiple choice questions, 40 questions are on Torts, 40 questions are on Contracts and 30 are on each of the other areas. The Multistate portion of the exam, in New York, is weighted40% and the New York portion 60%. The New York portion of the test is composed of six essays and 50 multiple choice questions which cover over twenty additional areas of law (besides the areas tested on the multistate). Where did I find this information? From a representative of a Bar Review Course. Couldn'tI have gone to the "Law School Bar Exam Information Center?" Yes, but not at this school. Bar review courses serve a definite purpose but acting as the only visible place in the law school where students can find out about the bar exam should not be one of them. The majority of the students in the law school will go on to take the bar (some of us more than once) yet we are given no guidance from the administration. The law school does not have the reputation of being a "black letter school," and perhaps it does not want this reputation (this is not necessarily bad), but this is not an excuse for the unending silence about the bar exam. There is no need for a total revamping of the law school curriculum to include more "black letter courses," but there is a need for a centralized information center where persons can inquire about the physical characteristics of the exam. How much does it cost anyway? What dates is it given on? When do I apply? What if I want to take the Alaska Bar Exam? If such a place already exists why don't we know about it? If such a place does not exists, WHY NOT? Staff: Ted Baecher, Dennis Fordham, Jennifer Latham Contributors: Christina A. Agola, Maria Germani, Mary Clare Kane, Eric Katz, Gary B. Ketchum, Daryl MacPherson, Maria Schmit, Isabel Marcus, Andrea Sammarco -'Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of theEditors. The Opinion is published every two weeks during the academic year. It is the student newspaper ofthe State University of New York at Buffalo School ofLaw, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of TJie Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters tothe editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. Students Occupy Sample's Office To the Editor: Since Pres. Sample made the decision to eliminate sexual orientation from the Law School's anti-discrimination policy, literature and graffiti advocating violence against gays and lesbians became commonplace throughout the University. Last week another flyer appeared, this one announcing the Anti-LGBA (Lesbian, Gay and Bisexual Alliance) Club, calling on all to stop "the unruly plague of sexually deviant behavior." The problem was left to Vice-Provost of Student Affairs, Dr. Robert Palmer, who met with students for over an hour and was genuinely concerned with the antigay and lesbian violence on the campus. Dr. Palmer immediately agreed to have the graffiti removed and to consider many demands the students presented including: 1) to place sexual orientation back into the anti-discrimination policy to assure that the rights of all students are protected; 2) a decision regarding theUniversity's policy on discriminatory employers who recruit on campus; 3) a University commitmentto hang a gay pride flag from the flag pole and to place a banner from Capen Hall to commemorate National Coming Out Day on October 11; 4) a letter from President Sample to be published in the campus newspapers announcing the administration policy regarding intolerance on campus; 5) development of a mechanism for reporting abuses to a University Task Force on Intolerance to be made available to all students. Dr. Palmer's conciliatory attitude served to diffuse some of the rage many students felt toward President Sample's total disregard for students at this University. In order to truly facilitate a more tolerant atmosphere, the administration must make good on these demands and begin to demonstrate a commitment to eliminate all forms of bigotry and discrimination so prevalent at ÜB. President (continued on page 9) In response, a group of 60 students gathered to peacefully confront the authors of the flyer. As expected, the authors of the homophobic leaflet were too cowardly to attend their own meeting. Tired of the continued presence of these violent outbursts and the administration's refusal to take action or even acknowledge the existence of homophobia, the students decided to present the issue to President Sample himself. Instead of listening to the concerns of his students. President Sample ordered the riot doors shut, hoping to keep the students out of his sacred chambers. Before the doors were slammed, 35 of the 60 students calmly entered Sample's office. The inflammatory flyer was placed on his desk and some opinion was requested. President Sample's response was simply to leave his office, again meeting students' concerns with silence. The Opinion October 11, 1989 6 SBA VEEP Responds To Critic To the Editor, The September 28 issue of The Opinion included three letters in the typical reactionary style. Keith Woodside, Drew Miller, and Thomas Barry resorted to name calling and baseless labelling to attack the people that they disagree with rather than dealing with the issues at hand. Ostensibly they were defending free speech, but coincidentally, they used the same ad hominem tactics and phrasing used in last year's racist "Independent Journal." Similarly, their arguments used huge local gaps to press their obfuscations. Somehow, Mr. Woodside turned my question of Majchzrak's and Weincek's intent as disingenuous into a silly scenario. Woodside suggested that I would stand in the Constitutional Congress, (shades of Wild Bill Rehnquist), desecrating the sacred thoughts of Thomas Jefferson. Student Additionally, Engineering Drew Miller called Nathaniel Charny moronic, ridiculous, and beneath contempt. This engineering student went on to say that people like Charny would degrade UB Law's already contemptible academic image. Scholar Miller proceeded to haphazardly regurgitate Steven Sample's (another engineer), misinterpretation of Under 21. Hey Drew, read the case! Steve obviously didn't.The end of the opinion explicitly states that it does not address the question in relation to a governor's executive order. Again, I reiterate my original point in Messrs. Brown and Baecher's Opinion article, (Sept. 15, 1989). Weincek and Majchzrak are not guileless, golden knights out to save the First Amendment. Both of these guys are cheerleaders for Wild Bill Rehnquist, the ex-Nixon hired gun and present Chief Justice. Bill just wrote the dissenting opinion for Texas v. Johnson, that stated that flag burning was not a form of speech. He said it was more like a grunt or a groan. 0.X., so by Bill's rules what is putting dog shit in someone's mailbox pure speech? Surprisingly, Woodside made one good point: From now on I'd appreciate it if Woodside, Miller and their ilk would check with me before they attack anyone. James Monroe Box 755 — SBA Class Director Responds To Critic To the Editor, I would like to reply to a letter of the September 27, 1989 issue, "Students Urged To Evaluate JAG Issue On Their Own," where Drew Miller harshly attacked Nathaniel Charny. It is important that Miller be properly introduced to the UB Law community. Although he tried to portray himself as an objective voice on the issue of discrimination, he has a documented history of homophobia. In the Buffalo Reporter on April 2, 1989, Miller writes he has "a strong visceral disgust for the acts homosexuality involves" and insinuates homosexuality is like having sex withchildren, animals and fecal matter. He claims homosexuals practice "an aberrant, deviant way of life" and they should stop blaming society for their disgraceful conduct. He belives they need a "psychoanalyst" and finds them "repugnant." The only thing which is really repugnant is Miller's opinion and the fear homophobes like him spread through the gay community. Miller's letter was also full of misrepresentations and lies in his attempt to justifyrecruitment through the CDO by the FBI and the JAG; groups who openly discriminate. Miller claims the FBI and JAG have supremacy to set their own standards for personnel which have been upheld by the courts. Maybe he should read the recent federal court decision which held that the FBI discriminates against hispanic agents. Perez v. F.BA., 714 F. Supp. 1414 (W.D. Tex. 1989). Contrary to Miller's biased opinion, homosexual FBI agents are certainly no more of a danger to security than other agents, male or female. A married agent practicing adultery could obviously pose a much greater security risk. This is equally true of the military. Miller says that Governor Cuomo's Executive Order 28 is not law, citing Under 21 v. Koch. He obviously has never read the case because it clearly states it only deals with New York City and has no bearing on the State. An executive order by the Governor is certainly the law and it has consistently been upheld by the courts. Just because the FBI and the JAG claim their job requirements are legal, that certainly does not mean they are moral or just and should be blindly accepted. History provides many examples of appalling policies such as slavery, segregation, placing Japanese Americans in concentration camps and denying voting rights to blacks, women and the poor. Laws encouraging discrimination are neither moral or just and must be eliminated like these past evil practices. Does Miller understand the concept of democracy? The SBA is democratically elected by the student body to be their representatives. The SBA voted democratically to endorse the faculty's anti-discrimination policy. So people like Charny, who are fighting to eliminate discrimination, are far from "a few dogmatic individuals" trying to futher their own agenda as Miller asserts. It is the small group who is not troubled by the discrimination practiced by JAG and the FBI, like Miller, who are the special interest group trying to further their own political agenda. Both the law school faculty and SBA have strongly voiced their opposition to discrimination, as well as the undergraduate Faculty Executive Committee, the undergraduate SA and the graduate SA. Miller condemns Charny for his cause, tactics and methods. Charny's cause is to protect all students by prohibiting groups from using the CDO who practice homophobia, racism, sexism, ageism and discrimination against the handicapped or religion. Miller's cause is to allow these groups to continue to use our money through the CDO even though their discrimination has been condemned by both the students and the faculty. Charny's tactics and methods are to work diligently with a coalition of student groups to put an end to all types of discrimination at UB Law and use The Opinion to provide students with an intelligent voice on the battle to keep the JAG and FBI from recruiting at UB Law. Miller's tactic and method is to write inaccurate and homophobic letters to newspapers providing students with a faulty view on this important issue. It is great to see students like Charny (who Miller calls "comrades" in a ridiculous red-baiting, McCarthyistic attack) fighting for social justice as they represent a shining beacon of hope and justice for all members of our society. I hope students do what Miller asked in his letter and evaluate the discrimination practiced by the JAG and FBI and see how deplorable it is. The first step in this long fight is right here at UB Law, where we must stop these groups from using our money to perpetuate discrimination. If Miller does not like UB Law and is worried about its ratings dropping, maybe he should transfer to a prestigious school like Harvard. However, he will be disappointed there also because Harvard also bans groups who discriminate from recruiting on campus. Jim Maisano SBA Director— Ist Year �Right To Go Topless Should Be Shared By Men And Women — The subject of this essay is breasts men's and women's—and the different ways in which they are treated by American society. Please stop snickering. I hope to show that there exists a significant difference between the rights enjoyed by American men, versus the rights enjoyed by American women, when it comes to the upper half of the human body. by Michael Gurwitz Features Editor Now everyone knows that it is entirely legal for a man to walk around barechested. It doesn't matter whether the man is hairy or hairless, tan or pale, strapping or obese whatever their physical condition, men have a legal right to go topless. The only place for a topless woman in public is in a bar, the kind with the curtained windows. A woman can expose her breasts to a paying clientele inside a seedy pub, but if she should venture out into the free world of sunshine and wind, it's panic in the streets and a rude shove into a black and white, a probable fine and, depending on the amount of Wonder Bread consumed in that particular community, an extended visit to the county cooler. Why is it that men have the legal right to go topless, and women do not? Why is such blatant sexism tolerated in modern society? Bear in mind that we are not talking about the social consequences to women who dare to go topless in public, but rather the legal. Aside from puritan — valuescherished by the same people who would ban Lady Chatterly'sLover, there is no good reason to prohibit women from enjoying the same right of men to go naked from the waist up on a balmy summer day, or anytime, for that matter. At the risk of sounding like a traitor to my sex, I can only say that it is obvious that these idiotic laws were created by men. I doubtvery much whether women, ifgiven the choice, would limit their freedom in such a way. First let's look at the hypocrisy of these laws. Turn on the T.V., scan the magazine rack. Everywhere you look there are images of women withtheir breasts exposed, save for their nipples, which apparently strike mortal terror in the souls of all good and decent folk. Consumer goods are advertised by juxtaposing them next to scantily clad women jiggling around in obvious joy at holding oh, I don't know, a sexy can of "Coors" beer. The covers of Cosmopolitan magazine always show a woman whose breasts are ready to tumble out of her overpriced designer dress. Swimsuits designed to show off as much breast as possible (without exposing the dreaded nipple). Yet if a woman decides to cooperate with our society's fetish for female breasts by going topless in public, it's tantamount to the end of the world and permanent dictatorship by drugusing,flag-desecrating secularhumanists! Why can't we as supposedly mature adults deal with the sight of the female Carter Looks Good In Retrospect Recently, I read an editorial piece by columnist Mary McGrory entitled "The Rehabilitation of Jimmy Carter," which discussed how much of an asset Carter has become since leaving the White House nearly a decade ago. About halfway through the piece, it occurred to me that some of the things the writer was saying, although they were certainly true, were also unjustified. For example, Ms. by Andrew Culbertson Managing Editor McGrory pointed out that the Democratic Party has all but "erased" Carter's presidency, and that his name is still used by the Republicans as a synonym for "the bad old days." Both of these characterizations are undeserved. The Democratic Party, if it had any sense, would accept the Carter Administration for what it was, and realize that he was no worse than his successor or immediate predecessors. As far as "the bad old days" are concerned, they certainly didn't start with Carter, and clearly didn't end underthe shaky leadership of Ronald Reagan. Of the four presidents I have known in my lifetime, excluding George Bush, not one of them has done what might even be described as a "good" job. Richard Nixon, of course, was a crook, as well as a sleazy politician. Gerald Ford, on the other hand, was the textbook example of the saying, "In the right place at the right time." What he did in office is forgettable, but he presided over the most corrupt presidential administration(s) since Harding's "Teapot Dome." Carter also had his problems, most clearly his inability to deal with Congress, and his propensity for trying to do everything his own way. Although none of the aforementioned presidents will be lauded as "great," or even "good," Carter's presidency, unlike the other three, is treated as a mistake, a lapse in judgment on the part of American voters. This is unfair, since substantively speaking, each president had his share of problems. Whether they were hostages, energy crises, or stock market crashes, none of the four presidents was immune. Procedurally, however, Carter was clearly more respectable. For one thing, there was never anything corrupt about his administration, except, perhaps, his brother Jimmy. In any event, no one ever mentioned the word "impeach" during his four years in office. This might not seem terribly impressive until one considers Carter's counterparts. Nixon would have been impeached had he not resigned in disgrace. Ford, who could have taken the moral highroad, didn't, and pardoned Nixon. Reagan should have been impeached for his role in the Iran-Contra Affair but, as was so annoyingly characteristic of him, he managed to dodge yet another bullet. Carter's tendency to do things his own way, while it may have been to his detriment, at least illustrated that he was the person in charge. Had something tantamount to the Iran/Contra Affair arisen under Carter's leadership, Carter probably would have known what was going on. In the event that he hadn't, he would have accepted responsibility for it, no questions asked. We all know how Reagan, who never appeared to be in control of his Administration(s), handled the situation. The integrity that Carter displayed while in office has carried over into his role as an ex-president. Since leaving the White House he has undertaken a variety of admirable tasks, helping to build homes for the homeless, observing elections in places like Panama and Nicaragua, and helping farmers in Third World countries. In fact, Time Magazine recently referred to Carter as "our best ex-president." Conversely, Carter's counterparts have been less impressive in their post-presi- dential activities. Ford is best known as a golfer, and a dangerous one at that. The speech he gave at UB last year was fraught with ideological garbage. Nixon, who, unlike Ford and Reagan, rivals Carter in the area of intelligence, has seemingly had problems channelling it. According to Ms. McGrory, "Nixon keeps writing books nobody particularly wants to read while plotting his return to prominence." Perhaps it would be unfair to judge Reagan, since he has been out of office for less than a year. Suffice it to say that as long as he has his scriptwriter, he will be able to keep charging exorbitant feesfortalking about nothing in particular. History, inevitably, tends to judge presidents on what they do while in office, not whatthey do once they leave office. While Jimmy Carter's post-presidential activities may not rewrite history's evaluation of his Administration, they do indicate that Carter, unlike many politicians, really did care about the policies he espoused while in office. breast? If you compare female chests to male chests, the differences really aren't all that radical. A woman's breasts are round and smooth a man's breasts are flat and smooth. Some women have flat breasts like men, and some men have round breasts like women. So what's the big deal?Do men fear losing control at the sight of round breasts? It is our infantile approach to the female anatomy which denies women the freedom that men take for granted. Enough I say! For God's sake America, let's grow up! I'd like to relate a personal experience which I think might help in this situation. Several years ago I was living on a kibbutz in Israel. I was a part of a group of American volunteers. There was also a group of British volunteers, and we mixed it up and had a lot of fun together. One day all of us volunteers took a trip to Eilat, which is a beach town in the southern tip of Israel, next to the Red Sea and just north of the Sinai desert. The drinks there flow freely, the falafels are cheap, and everyone is friendly. A truly fun place to be. The female British volunteers changed — into their bikinis, and I began to ogle at their bodies. But then, without warning, they tooktheirswimsuittops off. No checking for police, no cautionary glances at the surrounding crowd. At first I just gawked. These were the same women I had been picking potatos with the week before, and now here they were, exposing theirnefarious nipples for the world to see! The Israelis didn't seem to care, and the Brits kept chatting away in theirBritish accents, oblivious to the staggering effects they were having on me and my American friends. But then a funny thing happened. After a few minutes of culture shock, I calmed down. I looked at the British women. Their breasts were different sizes and shapes, but surprise, surprise, they were just breasts! I lost my fascination with their chests and went back to acting normally with them, joking around or conversing. I still admired them, but in a better way. By going topless and forcing me to see them as they truly were, these women helped me to stop concentrating on just their (continued onpage 11) COMMENTARY: Bar Review Costs Necessitate Aid It dawned on me recently that I would have to find $900.00 somewhere by the end of next semester to pay for the bar exam. Shortly after that it also dawned on me that I would have to eat food and sleep under a roof while I spend six weeks studying full-time for the exam. Dawn Gives Way to Nightmares I decided that the logical thing to do would be to talk to the people at Financial Aid over in Capen Hall; maybe they would tell me that the State of New York has contemplated the problems that indigent law students face when they fall into that netherworld between graduation and finishing the Bar Exam. Well, surprise of surprises, they had thought of our problems. AND NIGHTMARE OF NIGHTMARES, they decided that they couldn't help us. by Martin Coleman In the way of background, I found out that last year the Financial Aid officials here at SUNYAB took the initiative to increase the expected financial need of graduating law students who were indigent in order to cover the cost of the Bar Exam and reasonable cost of living during that period. For that I laud them! For that he New York State Higher Education Services Corporation slapped them down! What To Do? At the suggestion of Hugh Ganser of the Capen Financial Aid office I went to talkwith Karen Kubiakofthe Law School's Financial Aid office. She was very helpful and sympathetic, but could do no more for me than give the names of two private corporations which provide loans to law students. One of these corporations, called Law Loans, makes available to graduating law students up to $5,000.00 to cover the cost of the Bar Exam and living expenses. However, Law Loans charge variable interest rates, and, get this: 6.75% in loan fees and 9.5% in insurance fees is charged if your loan isn't co- signed by anyone. If you are lucky enough to get a family memberto co-sign theloan your insurance fees are only 6.5%! I did a little quick math and concluded that I would pay Law Loans $812.50 in fees alone, not including the 12-14% interest rate. I don't know about you folks, but this galls thehell out of me. The damn fees I would have to pay are nearly equivalent to the cost of taking the Bar Exam itself. For those who will go into public interest law (no small number here at UB Law) earning starting salaries anywhere from $15,000.00 to $30,000.00 a year, this is a fantastic burden and an insult given their dedication to helping others as a career choice. And let us not forget that only a small percentage of law school graduates make large starting salaries; most of our graduates will work for small private firms earning not much more than graduates going into public interest work. One could easily get the impression that New York State does not want graduates from its law schools going into public interest law. And for those going into small firm private practice, it seems New York State is encouraging them to pay higher salaries for starting lawyers which in turn forces them to charge higher fees to clients. So much for access to the legal profession for the poor! I Have An Idea Two years ago the Student Bar Association organized UB Law Students to protest a proposal by the New York State Legislature to do away with SUSTA grants. Aided by extensive lobbying by the administration here at the Law School, the effort was successful. Why can't we lobby the New York State Higher Education Services Corporation to extend Financial Aid eligibility to students taking the Bar Exam? After all, is it sound policy for the State to encourage poor residents to become lawyers and then to impose such burdens upon them that they are forced to work for the rich when they graduate? / don't think so! Faculty Statement Represents Ideal Student Body is committed to making an ideal work. On a different note: the eradication of unjust and discriminaHaving had the honorable (?) opportutory treatment of other persons in our nity to have conversed with Mr. Majchrzak academic, legal community. It represents and Mr. Wiencek earlier in this semester, an ideal at work; an ideal that can and I was dismayed to learn that one thing, that troubles them is the Faculty Stateshould function in our society. The ideal is this: people's "differences" deserve ment's lack of more clear, more concise (and no doubt, statutory) definitions of our individual and collective respect. Unterms such as: "racist", "sexist", "ageist" fortunately, because certain people, and "anti-gay", to name a few. I can only mainly the socially, politically and direct them to use a dictionary (a far out economically empowered people, remain steadfast in theirresistance to such ideals, suggestion!). Who knows? Perhaps they these ideals seem to become more and will be able to piece things together and learn something in the process. more Utopian. I am glad that U.B. Law Mary Clare Kane, 3L School's Faculty and for the most part, October 11, 1989 The Opinion To the Editor: wholeheartedly support the Faculty Statement. Why? Because it is aimed at I 7 �yoobL-2-I BAR A BW BAR/BRI Leaves Nothing To Chance. tofcrr The Nation's Number One Bar Review. 4154 Seventh Aye., Suite 62, N.Y., N.Y. 10001 (212) 594-3696 (201) 623-3363 160 Commonwealth Aye., Boston, Mass 02116 (617) 437-1171 8 The Opinion October 11, 1989 �Opportunities With Manhattan DA's Office Discussed Assistant District Attorney Joshua Nesbitt of the Manhattan DA's office spoke on Monday, October 2nd, at U.B. Law School about his work, and the opportunities for future employment for Ist, 2nd and 3rd year law students. by Christina A. Agola The DA's office assumes the responsibility of investigating and prosecuting crime in the City of New York. Every year the DA's office investigates and prosecases. The office is divided into four major areas including: Trial Division, Appeals Bureau, Investigations Divisions, and Narcotics Bureau. The trial division is the largest sector of the office and is responsible for the prosecution of "street crimes." It is divided into several sub divisions which treat specific types of crimes. ADA's are assigned to one of these subdivisions and handle cases from the initial filing of the complaint, through pre-trial activities, all the way to the actual jury verdict. The DA office also contains a separate Appeals Bureau. ADA's assigned to work in this department appear frequently in all appellate courts of the state, as well as in theFederal district courts, the United States Court of Appeals for the 2nd Circuit and at times, the U.S. Supreme Court. First year assistant DA's carry a case load of anywhere between 70 to 250 cases per year, which translates into a review of 140-150 cases per day. The fast pace cutes over 100,000criminal of the first year gives new lawyers the chance to sharpen their ability to think on their feet, and to learn the value of being The turnover rate at the DA's office is high; many people leave the job after completion of their three year commit- properly prepared. ment. Starting assistant ADAs are switched around amongst the various divisions based on the discretion of the bureau chief. In addition to handling their own case loads, which consist predominantly of misdemeanors, first year ADA's have institutional responsibilities including arraignment hearings and interviewing witnesses. In their second year, their case load gets "upgraded" in a sense to include predominantly felony crimes, and they are relieved of institutional duties. Nesbitt stated that nearly 70% to 80% of all cases in the DA's office are drugrelated and that special sections have been delegated within the office to deal with this problem. He commentedthatthe surge in drug related crime has lessened the sensitivity of some DA's to push drug cases into trial. He went on to comment that cases of this nature are charged in orderto mainly dispose of them; in light of this, the issue of the DA's discretion in such matters is an attractive aspect of a DA's office. Nesbitt commented that you can make up your mind about the treatment of all of your cases, as long as you realize that you must live with your decisions. Most people are attracted to the ADA's office because it is a valuable stepping stone from school to private practice, although some people will ultimately choose to pursue a career in criminal law. Nesbitt commented that this is not mere opportunism; everyone realizes that this is essentially what most people do. He pointed out that many of his Albany Law School colleagues are dissatisfied with private practice, since the competition for the few partnerships that exist is keen in most firms, and that this breeds a sense of distrust amongst many starting attorneys and can detract from the entire Graduate Group On Human Rights Established On Campus The Graduate Group on Human Rights Law and Policy is an inter-disciplinary organization which seeks to act as a focal point for consideration of issues involving human rights. The Group brings together faculty and students in law and the social sciences in an attempt, through a complementary mixture of academics and activism, to further the goals of the international human rights movement. To this end, the group sponsors speakers, films, conferences and discussions on a wide variety of human rights topics, and carries out research and publishing in the field of human rights. Additionally, the Graduate Group on Human Rights Law and Policy is involved in the development of an international internship program in Geneva, Switzerland, and in the ongoing compilation of the Law Library's Human Rights Information File. The Group held it first meeting of the year on September 19th, featuring presentations by the four student participants in the Geneva Internship Program for 1989. Some thirty-five students and professors listened as the participants recounted their experiences in the World Health Organization, the International Labour Organization, the United Nations Centre for Human Rights and the Henri Dunant Institute. The four were unanimous in the conclusion that the program was among the most valuable available to law students interested in the field of human rights, and vowed to share the expertise they had gained through upcoming Graduate Group events. As the Group continues its research in the areas of human rights in Africa, the right to health care, human rights under states of emergency and the issue of capital punishment, plans have already been made for a human rights film festival, a photo exhibition on human rights in Namibia, a lecture on United Nations action in the field of human rights, a presentation on the occupied Palestinian territories, and a slide presentation on the crisis in China. In the works are also presentations on the plight of refugees and human rights violations under Apartheid. Interested persons should be aware that the Group will hold a "Human Rights Week" during the spring semester (aetails forthcoming). The Group's Co-Directors, Professors Virginia Leary (Law) and Claude Welch (Political Science), along with Graduate Assistant Craig Mokhiber (Law), are inviting all faculty and graduate and law students to become members of the Group. If you wish to do so, or to be placed on the Group's mailing list for newsletters and human rights updates, please leave your name, address, phone number, mailbox number, area of study and area of special interest in human rights (if any), in the law school student mailbox number 172, or stop by the Group's office at 408 O'Brian Hall. You may have much to contribute. You certainly have much to gain. The Graduate Group of Human Rights Lawand Policy will present the widely praised film Days of Rage, highlighting the critical human rights situation in the occupied Palestinian territories. The film will be shown on Wednesday, October 18th, at 5:00 p.m., in O'Brian 106. Days of Rage explores the factors of repression and abuse underlying the Palestinian uprising against the Israeli occupation, and is a work of extreme importance to all persons concerned about human rights and prospects for peace and justice in the Middle East. As such, all faculty, staff and students are urged to attend. Students from page 6 Sample's divisive attitude has proven a major stumbling block to achieving the goal of a campus free from discrimination. Until this attitude changes, the hypocrisy that flows from the fifth floor of Capen will continue to manifest itself as graffiti on the walls of the University and intolerance against members of our community. If this University is not willing to protect the rights of its students, we will be forced to protect ourselves. Sincerely, Andrea Sammarco, Jim Monroe, Jonathan Johnsen, Nathaniel Charny, Mark Schlecter experience. ADA's are selected on the basis of merit; starting salary is $30,000 for law school graduates not yet admitted to the bar, and increases to $31,000 after successful completion of the bar exam. At the DA's office there exists an "open door policy" which Nesbitt described as a recognition among experienced DA's of the trials and tribuations of a starting ADA. There is less of the hierarchical structure that is commonly found in private firms, and most DA's do not feel unnecessarily inhibited from entering the office of a "higher up" to ask a question. The DA's office also hires first year law students on an internship basis. This program allows law students to assist ADA's with their case loads. Responsibilities include helping witnesses prepare for grand jury hearings, and researching and writing appellant and trial briefs. Interns will often informally second-seat ADA's at trial. Students interested in working at the Manhattan DA's office should consult the CDO office. COMMENTARY: Animals Suffer and Die For The Sake of Big Business On an otherwise beautiful day this summer, enrouteto my summerjob, I had the occasion to hear a very unsettling story. As I entered the elevator in the building whereI worked a man stepped in behind me. He was carrying an extremely sharp thorn in his hand that was about three inches long. No words were spoken, as the elevator operator and I stared at the pointed thistle which he held carefully between his thumb and forefinger. As he exited the elevator on the second floor I noticed that he had a bleeding gash on the upper right side ofhisforehead. When the doors closed, the elevator operator told me a story about an incident which that thorn had reminded her of. by Gary B. Ketchum One weekend her cat was running about in the yard and playing in the shrubbery. She was a young cat, about 18 months old, and typically frisky. Suddenly the woman heard a blood-curdling cry from the cat in the backyard. She discovered that the cat had become impaled on a thorn 'just exactly like the thorn that man held in his hand.' The thorn had penetrated two to three inches into the cat's eyeball. The cat was writhing in pain, and the woman was frantic, not knowing what to do. She could not dislodge the thorn and the sound of the cat's pathetic screeching tore herheart out. She finally cut the thorn from the branch and raced the cat to the vet withthe thistle still protruding from the squirming cat's eye. The penetration was so deep, and the damage so extensive that the vet had to put the cat to sleep. Since the elevator operator told me that story I've been haunted by it, by the thought of those last few anguished hours in that little cat's life. I thought of the sharp contrast between the happy, carefree, frisky moments before the incident, and those final lingering hours of excruciating pain the cat suffered before she died. Then, an even gloomier thought cast its pall over me. I thought of the millions of animals who suffer similar agonies at the deliberate hands of animal researchers. And I tried to ferret out the distinctions between the two instrumentalities of suffering. The thistle injury was a freak accident; unintentional; happenstance. The experimentation is deliberate, calculated and is arguedtobea product of necessity. Unfortunately, that argument cannot survive a simple inquiry. About 80% of the experimentation conducted in this country is conducted in the private sector by companies anxious to market profitable products. Usually, when the animal experimentation issue arises, its defenders gravitate immediately to the extremes. They point to medical research, to cancer research, to the development of the Salk vaccine, to the developments in heart surgery and research. These supporters stand on the argument of necessity. They invariably acknowledge that animal experimentation is a grizzly busi- ness, and is something notto do, except as it is necessary for human survival, and to alleviatehuman suffering. They argue that we're only doing what is necessary. This argument is radically incongruent with observable reality. Even if we shelve (for the moment) the dispute over medical research in bona fide medical institutions, itfails to account forthe eighty percent of the experimentation that is conducted by profit motivated companies. Itfails to account for the wholesale expropriation of animals in our society where clearly no necessity exists. Unless one has blinders on, it is readily apparent that necessity is not, at all, a prerequisite for the heinous infliction of pain and suffering on animals in laboratory experiments, or in our many other expropriating activities. We all participate in that conspiracy. We can look atthe evidence around us and see exactly how we treat animals: the leather handbags, billfolds, rabbitfur-lined gloves, attache cases, portfolios, belts, shoes, coats, and countless other assorted sundry items composed of blood and skin for which alternatives do exist. These items bear no claim to our belief that they are essential fibers in the fundamental fabric of society. I see no apocalyptic consequences if we eithermanage without these items or resort to nonleatheralternatives. Millions of animals each year are subjected to Draize tests and LDSO/LDIOO tests so that companies can engage in the lucrative business of selling their wares. The Draize test, which usually uses rabbits, involves the testing of household chemical products to study their effect on the eyes. Rabbits are tightly secured in boxes so that only their heads protrude from the box. Experimenters suture their eyes open and then drop various amounts of the test chemical into the rabbit's eyes. It may be nail polish remover, or brass cleaner, or drain cleaner, orcosmetics. It could bejust about anything. The rabbit violently struggles to get her paws free so she can dislodge the substance from her eyes, while the experimenter moves on to the next victim. From time to time the experimenter returns for an inspection to see how things are coming along. S/he takes careful notes in order to record the extent of the ulceration, the degree of tissue damage, and the time lapse for each discreet stage of these excruciating events. When the experiment is over, the rabbit is killed and then discarded like a used kleenex.Theanimal iseitherthrown intoa special refuse dumpster or incinerated. The LDSO/LDIOO tests involve all types ofanimals who are force-fed an inexhaustible list of household chemicals in order to ** determine what the lethal dose is. In the LDSO test, the attempt is to arrive at a dosage level where 50% of the animals in the experiment die from the forced ingestion; 100% die in the LDIOO test. It's not much better than a poke in the eye with a sharp thorn. (continued on page 11) October 11, 1989 The Opinion - 9 �Stanley H. Kaplan has chosen his bar reiiew.^. For years, Kaplan students have been asking for a bar review course with the same standards of excellence as Kaplan's other courses. After carefully investigating bar review courses, Stanley Kaplan has joined forces with SMH Bar Review to add bar exam preparation to his family of outstanding educational offerings. The academic ' ill ll « rv« 4 III? 33 | Vjf The Opinion October 11, 1989 |jk .Jm Ih^ta*^ Slfeikwjftfe^ JM lyP mr SeeyourCampusßep,orcall: A I L|J 10 SKaT '^^^X %4hLJ3M Ik jt * SI 3 fcl Stanley H.Kaplan Ed. Ctr. 1330 Niagara Falls Blvd. (across from Blvd. Mall) Tonawanda, NY 14150 |H �Marcus American who had contacts with the student movement gone underground. The driver appeared looking harassed and frightened. We drove for ten minutes past the litter of bricks, glass shards and concrete road dividers wrenched from their moorings by the citizens of Beijing and placed across parts of the roadway to block the passage of tanks. It was the first time I actually was seeing the devastation which I could hear being wrought for the past two days. The reality made my imagination seem tame. A right turn into a gateway and I was in a tranquil, well manicured landscape punctuated by seven or eight solid story buildings embellished with Chinese motifs on theircornices. Down the road within the compound tennis games were in progress. I wanted to laugh maniacally at the air of unreality - from page 5 about the place. Ten minutes down the road I was in a place of siege. Now I was in an island of privilege for "foreign experts" (academics and other consultants). The massive buildings with their comfortably appointed suites had been built by the Soviets during the 19505. The dining room was cool and clean; the tables were set with an array of Western utensils; the menu abounded with Western cuisine selections; the chatter was not in Chinese. But there were reminders that appearances are deceptive. At hourly intervals I huddled with my hosts around the short wave radio; the news consisted of rumors that war between the two occupying armies might break out during the night. No one appeared to be in charge. It was a situation of maximum ambiguity. Tanks were being positioned around the Square. And, Animals And it's all done for US; so we can paint our faces with mascara and freshen the toilet bowl and whiteout the mistakes we make on our termpapers. Beneath our preoccupations with aesthetics, something very ugly is going on. shiny appearance. Beneath our preoccupations with aesthetics, something very ugly is going on. When we tackle the issue of necessity, we are looking at two distinctly separate questions. The first, is the question of the 'necessity' of the objective or the product for which the testing is being done. The second question asks, "If the objective or product genuinely constitutes a social imperative, is animal testing a necessary meansfor achieving that objective or safely marketing that, product?" With regard to medical research it is generally accepted thatthe objective ofsecuring human health and alleviating human suffering is a necessity (the first issue). Here, the battle is being waged over the second issue, whetheranimal experimentation is necessary, or even the most effective means for achieving that legitimate end. There is ample evidence of redundancy, unnecessary duplications of heinous experiments, because researchers horde their work so they will not lose their patent rights, or so they will be sure to garner the credits for any profitable outcome which may flow from the experiments. With product testing in the private sector, where 80% of theanimal experimentation is being done, no claim of necessity on either of these two grounds can withstand the light of scrutiny. In the first instance, we can survive quite easily without these products if, as those companies would have us believe, there is no alternative to animal testing. If we cannot market brass cleanerwithout inflicting this kind of suffering on other beings, then let's take that product off the shelf by refusing to furnish the consumer demand for it. To what extent will the quality of our lives be diminished if the brass handles on the credenza become tarnished? In the second place, there are products on the market which are tested for safety without the use of animals. Numerous catalogues are available from virtually any animal rights organization which list "cruelty-free" household items. This is, in major part, what animal rights organizations are all about, i.e., disseminating information about the alternatives to animal exploitation. The philosophy is a simple one: "DO NO HARM." So why does this society continue to support this holocaust against our fellow animal beingswhenthereare harmlessalternatives? Ignorance ofthealternatives is one receding explanation. Another explanation allegedly has its roots in Christian doctrine, and rests on the notion that the whole world is our footstool; it is here for us to expropriate as we please; it is our Birthday present from God. In particular, the passage most often cited in support of this Machiavellian, utilitarian concept is from page 9 Genesis 1:28, which is a verse that immediately follows the description of the creation of human beings. The passage reads: "And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth." (Genesis 1:28, King James) St. Francis interpreted theword 'dominion' to mean stewardship and in that light he assumed the role of caretaker of all living things. The very next passage in Genesis supports that interpretation: "And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in which is the fruit of a tree yielding seed; to you it shall be for meat." (Genesis 1:29, King James). Animals are beings, beings of a different sort. There is a special kinship and a special responsibility which we have long since abdicated. In that, we have been endowed with the greatest gift of mind, we have been burdened with the greatest responsibility. To date, we have been reaping the fruits of our gift, while razing the ledger of our obligations and accountability. In terms of the Hereafter, we might do well to hope and pray that the notion of reincarnation is pure nonsense, because if it isn't, there's going to be a lot of wailing and gnashing of teeth the next time around, for most of us. Under that principle, when we demonstrate an inability to empathize with the pain and suffering visited upon our fellow beings, then we're going to be granted a bonus opportunity to have a close look at that 'pain and suffering' which currently escapes our sensibilities. It's like continuing education. We'll do it until we get it right. In terms of the here and now, I will defer to something Mahatma Gandhi said, not long before he died: "You will know the deteriorationof a society by its treatment of its animals." If we can't abandon our pogrom against these critters out of empathy and compassion for our fellow beings, we ought to at least do it for ourselves. Topless page 7 bodies, and to start enjoying them again as whole people. Which brings me back to contemporary American society. We all know that women are being dealt a bum deal here. The female body is glorified and exploited, but the female mind is still regarded as second-class. Second-class citizens do not share in thefreedoms enjoyed by the privileged class. It's true in South Africa, and it'strue in America. Ifweareeverto realize true equality between the sexes, we must tear down the laws which repress women. The laws against women going topless in public must be repealed. It's the rightthing to do, and it's the wise thing to do. Blindfolds are for fools. from overhead, I could hear the intermittent drone of helicopters. It crossed my mind that there were disadvantages in being in the Friendship Hotel. People's University, a hotbed of student activity, was two blocks away. It had been attacked once; it could become a site for a battle between the armies which might spill over to a highly visible place teeming with foreigners, viz. The Hotel. Or, one of the armies might decide to terrorize foreigners and, along with the downtown hotels, the Friendship was an excellent target. I sat drinking beer with my hosts, exchanging stories, trying to make sense of the world around us. At one point the SUNY exchange director gave me a sheaf of papers. She told me that she had given her Chinese students who were studying English a copy of Martin Luther King's "I Have a Dream" speech and asked them to write an essay on their dreams for China. Their responses were passionate, patriotic, hopeful and, in many ways, disarmingly direct and unrealistically uncomplicated as good symbolic speech is wont to be. They paralleled what I had heard at the College gate and had seen in the Square; they echoed the sentiments identified with the 1919 student movement. They spoke of a China which went beyond material well being, one which was commited to vaguely articulated notions of democracy andfreedom. Then, they said, China could take its place among nations. The van driver who had taken us to the hotel had agreed to take us to the airport. The flight was scheduled to leave at 11:30 a.m. on Tuesday, June 6. At 5:00 a.m. we awoke to hearthe radio. The war between the armies had not occurred during the night. Tanks had merely remained at their stations. How to interpret this turn of events was unclear. Were more troops being sent into the city? There were rumors to that effect. A call from the SUNY Buffalo administration resulted in a rather lengthy conversation about whetherthe van would come and whether we could get to the airport, whether the plane would land and, if so, whether it would be allowed to leave. The surrealistic quality of the conversation was striking. Both in the States and in Beijing we were relying on the same radio sources!! We tended to agree that the situation was likely to deteriorate and that even if the US Embassy in Beijing finally organized or assisted in some rescue efforts it would be best to leave as soon as possible. At 6:30 a.m. the driver arrived. Through an interpreter he explained that he had enough gas for one round trip to the airport, that he had no spare tire, that his tires were balding and that he had hearc nothing about the road to the airpor being blocked. He asked for the equiva lent of two months wages for the ride We decided to risk it, and three of us pile< into the van. As we went toward the downtown ir order to join theroad leading to the airport the debris (burned jeeps, tanks, rubble concrete barriers) became greater. Then were no vehicles on the road. At on« corner I could see a large crowd aheac with a column of smoke behind it. Th< driverand I had the same thought; if then were armed soldiers behind the crowd and if they began to shoot, our van would be caught in a crowd of people moving in our direction trying to escape. He took a sharp left and then a right, thereby taking us away from the action but onto a dead end street. Suddenly he veered sharply to the right. We barreled down a bike path behind a hutong. People stood aside and waved us on; citizens had torn iron gates from their moorings and piled them on the path to prevent military jeeps from wending their way through the alley. We jumped out of the van to push them aside and continued down the alley. I kept thinking about the balding tires and the absence of a spare. If anything happened to the tires we would be stuck in a back alley in northeastern Beijing with the likelihood of no English speakers available and the army several blocks away. After about fifteen minutes we were back on a paved road. The driver looked drained.The road to the airport was clear; but, the driver did point out an encampment of soldiers along the roadside. Bedlam prevailed at the airport. Many Americans and Europeans were evacuating Beijing and were clamoring for airplane reservations. None of the Chinese staff had shown up for work at the ticket counters so a skeleton staff of American employees had to manage what could have become a totally chaotic situation. While waiting on line I had the opportunity to talkwith other passengers. A number of American tourists did not seem shell shocked. They had merely been passing through. One woman who had come down the Karakoran Highway from Pakistan remarked that their group had no knowledge of any difficulties until they reached Xian where people were assembled around the wall newspapers. A member of the tour group asked their guide to translate the paper. "Suddenly his English became very bad" she said. "We thought then something might be wrong." Academics, on the other hand, had shared a very special experience with Chinese students.The ones who had been teaching in Beijing looked worn and grief stricken. Given the airport confusion it seemed amazing that the plane was delayed for take-off by only one hour. As it left the ground, a spontaneous cheer arose from the passengers one which was repeated when we landed four hours later in Tokyo where all planes to Beijing were delayed. But irony and a surrealistic quality to experience are not confined by geography. I found myself sitting numbly in my seat, with tears rolling down my face, looking at the opening credits for the in-flight movie "Working Girl" which are shown against a backdrop of theStatueof Liberty! Several weeks after my return, the SUNY exchange office in Buffalo received a phone call from a staff person in the Beijing Higher Municipal Education Authority. He wanted to know why I had taken unauthorized leave from my teaching position. "She was fearful for her life and her safety could not be guaranteed" ** was the SUNY reply. From the other end of the phone, without missing a beat, the staff person said "That is not true. There has been no difficulty here. No one was killed." Editors Note: Last issue the title of the Jewish social magazine Tikkun was incorrectly spelled. We apologize. — Loans from page 1 than twenty percent of the legal needs presented bythetraditionally underrepre- sented constituencies receive adequate legal attention. In the last thirty years, the number of lawyers has nearly tripled, yet fewer and fewer young attorneys are choosing public interest and/or government careers. Numerically speaking, in the last ten years, the number of law school graduates who accepted public interest jobs declined from 5.9% to 3.0%. Meanwhile, the number who accepted private employment rose from 53% to 63.5%. "The time is ripe for the establishment of a L.R.A.P. at U.B. Law School." stressed Chris Thomas. "As it stands now, without a L.R.A.P., students who face looming debt burdens and who may very well be committed to public interest law are sometimes pressured into making a 'financial' decision rather than a 'career' decision. We hope to obtain the support of student groups, the Student Bar Association, the Erie County Bar Association, the New York State Bar Association and the New York Legislature. Given the dismal state of pro bono plans, L.R.A.P. is an affordable and viable option for helping the underrepresented constituencies. And, without a L.R.A.P. the lessening trend of those entering the public service legal sector will only continue." October 11, 1989 The Opinion 11 . �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam itself had no surprises. It was a living nightmare, but BAR/BRI prepared me. If I have to do this again, I will take BAR/BRI again. Albany Law School BAR/BRI gave me structure that I needed for the bar. Looking back, I think I would be in a tough situation if I had to approach this on my own. I had a lotof friends who have been taking other courses and I've sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really Your course was worth the money. I couldn't imagine good job....The BAR/BRI personnel is very helpful. being more prepared. If I didn't pass the fault in no I've called Steve Rubin several times on the phone. way can be attributable to any misguidance on your He has always been available to answer questions. He part. I also was very comforted by the feeling you all literally called me at 12 o'clock at night-Also, the conveyed that you're concerned and cared. It showed office people have been really helpful t00...J would that customer satisfaction is important to you and I definitely recommend BAR/BRI to anyone. am a satisfied customer! Thank you!! Columbia Uw School Albany Law School The lecturers were really terrific, I expected that lam very happy with the BAR/BRI program. I feel gitting in front of aTV 3 hours a day would be that you provide an excellent program and I would unbearable, but for the most part they made it almost highly recommend itto others. If Ido not pass the en joyable experience. beC UM Uc e rt D beh lf Co™" ?, **» *•»»' of the J3AR/BRI personnel. Thank you for all your p lam completing this evaluation after the bar exam. I Brooklyn Law School feel that BAR/BRI prepared me extremely well for the ■xam ■"»* would certainly recommend your course. _, » All in aIL I was very satisfied with BAR/BRl....After ' c0n,.,, v* &*,<* hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety is very good I »"* very impressed with the whole operation sine. you really have a captive audience, I expected a lesser in the course of a summer. level of professionalism and earing. I have friends in Brooklyn Law School other courses, some of whom are subjected to scare tactics and panic lectures. I appreciate the lack of the generally satisfied with the lectures and very »me BAR/BRL glad for all the written materials you gave us (the outlines and practice questions). In addition, I Fordham Law School appreciated your obvious support and encouragement was very pleased with tought The way for v. during this very stressful period. presented and the respect BAR/BRI shows its Brooklyn Law School »™ students. A professional, warm and top notch job! Thank you for Essay #6 on the Bar. I was tired but Thank you! when I saw the question, what an adrenal surge. I did Fordham Law School - . - „, * ,°'jJI. i * *° - " -....... .... * . - - rwas, * j - ~,a - BrookJyn U» School „ ,It prepared me for the bar. BAR/BRI wa. excellent «*»,»», HopefuDy, Ino longer need your services, but I would do BAR/BRI again. I learned the law, not just memorised mnemonics and for that I am grateful. Brooklyn Law School - Th. meat effective thing about th. BAR/BRI course was the frame work. It's pretty rigid ..You know what you should be doing at all time. .1 aeem more happy witt.BAß/BRI thu other people aeem in other - WurBW - - . Brooklyn Law School I was very impressed with BAR/BRI. The methods, techniques and materials were all very helpful. Most of all, I appreciated the way BAR/BRI made itself to each member individually; to give your personal home phone numbers to thousands of people was both-daring" and commendable. No matter what the results of my exam will be, 1 know I will recommend BAR/BRI to others. God Bless' Buffalo Law School available, - I would recommend the course to others and don't regret my choice. Buffalo Law School BAR/BRI was great as far as giving me emotional support and confidence in what I did know; (not shaking my confidence because of what I didn't know, like other bar candidates)....ln addition, the good luck letter made me feel good. Thanks. Cardozo Law School - - , Th. materia are very good. Th. mo. importer* thing about the course is that they give you what's ?pSSi people,Whrt v7?TL V°«BAR/BRI to be on £ tie IZ test...Th. were B k,,Wr helpful. They are very, very nice and very cooperative. I'm very pleased. Fordham Law School y*W "- - _~i ~v n prepared This is „,,■.,_, written ~.,,,,� for the 7/31. I felt well on the exam. Where I was unsure I had no problem making something up....N0 doubt you heard the last essay was almost identical to a practice Good show! ■ * " .„. .. . *« '»* * « •«»' J".™ *?"*/** V ** »*•?>*** ' o«orQe*own Law School . ~_ - c fact The Opinion October 11, 1989 I thought the lectures were the best They're very thorough. They give you all the information you need to know. That's what I like best about BAR/BRI. . NYU Law School I would definitely recommend the course to friends I think it's a good way to prepare for the bar. It does «* V* th"t much pressure on yon. 1 followed the I found that during the course the schedule was not that difficult to keep up with. It still gave me a lot of free time up until the last day of class. Preparation has not been that painful at all. nyu Law School . v The . , udience , to vj wg n Uw BMded I also appreriated all the'pen talks" and neourmgemellt gjyen the lectures. I would y- recommend your course p-c# School w^ m - _ - , Overall very-tisfied with BAR/BRI would to m Great job l £ Trunks Pac# SctwA £j £S* , „, !»l«%«co»n>endth.coureetomyfriend.«,dlhave ™ „*„ wumB J, fnm what »«, «. mneh v-a-,. AZZI .pM-Xe£|teh©ol "* . was the best preparation for the bar exam. BAR/BRI _~- __j _k-„, ~._ _LTj„.»_ i, TK had mm i St John'a Law acnooi School ' . . BAR/BU kUtU praiMd No ~ .... tav. been very realUtic about yin to B »Ptali -to get us to pass, that they really try. Despite the fact that ■ **& number of people in the «"• to emne> bvn rtn ny V**** a lot offeedback on the «WJ».J think that my chances on passing are a lot better with this conrse .1 took BAR/BRI under recommendation and I would certainly recommend It to here 1 ' • °* * -Harvard Law School 8 thi> eval,Mtion ttBT "tting 'or the New i,"? • (and before NJ). I York T^" Stat ai Mu,tirt*te exams ** * wovid ■ ne re ly uke to tell you that you all did a tontflc 100 Md <i««erve much praise. Thank you! Hofstra Law School _ - s"°" . " - *" *"* * * BAR REVIEW 12 . WM not gurus. Merely stress hard work wiUiout falling off the deep end. and of will give\ my stamp «» , ._. I would, It s a joy to finally learn all the law I only heard about approval «-««i»else _. ": and anyone friends, to law students who in Uw ,n vhnni ™w KDOOi teteii. Thank you for running a first class vard School H L w " operation. I thought BAR/BRI was outstanding in every way and r tnme d who Mk Th *i>ks to Stan, I didnt find out what I Kked about the course until f? **»BAR/BRI staff. You can be last night when I was talking to one of my friends who SUv*! P""" «* J"0™ organization. was taking Pieper and even though he had all School " N#w York mnemonics down...I just found that he didn't have the grip on the substantive law that I thought I did....1 „ think the lectures really lay everything out for you. ""?• ™ B oo BAR/BRI helped ™c,' ™««'»w« «perience a lot more bearable. I'm They give you enough of an overview that is required glad I took the course. to reeDy be able to handle the essays. I would ' MYU L w Set*** definitely recommend the BAR/BRI course to a friend. Cardozo Law School - What I like about the course is that it is really straight forward....ln addition to learning the law you learn how to answer the questions on the exam and how to write a good essay and that's what really count* ...I found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always gotten back to me or answered the question immediate!y....l would highly recommend BAR/BRI for anyone studying for the New York Bar nyu Law School . ~ . -St 5t John's Jonn Law t*w School school jTO very wtisfied with the BAR/BRI course. The lecturers were all good and Interesting. I took no additional courses and I feel confident that the main course gave me adequate preparation. g,. j0h,,., . I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 found BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. I could go to the office and just listen to the tapes. I found that to be very g00d....1 would definitely recommend BAR/BRI because it covers everything you have to know. st John's Law School -- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-10-11 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/11/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7effac5bc437a402e85c6ccd605939c4.pdf aa343369edd93c366c5ddf7dfeb3e6dd PDF Text Text THE OPINION Volume 30, No. 6 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 25, 1989 Faculty Report Highly Critical of President Sample Thefallout from theLaw Faculty's resolution regarding sexual preference as an equal employment opportunity standard for the Law School Career Development Office increased precipitously last week. University President Steven Sample came under heavy criticism when the "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruiting Policy" was released at a meeting of the university wide Faculty Senate. By Bruce Brown News Editor The Report, which was issued by a subcommittee charged withthe responsibility to examinethe dispute, concluded that, on May 10, 1989, when the President suspended the Law School policy on em- Professor Solkoff ployer discrimination Dr. Sample acted with "disdain," "disrespect," and "indifference" to his professorial colleagues in the Law School. President Sample's actions, the report stated, "have largely ignored the legal/ moral reasoning of our Law School's position on discriminatory practices by third-person recruiters. This sends a message to students and faculty alike that the arguments presented by our Law a School are not to be taken seriously serious blow to the reputation of one of the better Law Schools in this country." Professor Solkoff, one of the three authors of the report, said in a statement before the Faculty Senate on Tuesday, October 17 that, after reviewing the arguments he felt that the Law Faculty's decision "was a legal one" and that Sample's — position "encouraged gay students to lie to remain in the closet." This, Solkoff felt, was "incongruous" with the President's professed claim that he is against discrimination on the basis of sexual orientation. The President's position, outlined in his statement of May 10, 1989, is that New York State's administrative policies banning discrimination on the basis of sexual orientation cannot be applied to third persons. Therefore, refusing employers, such asthe JudgeAdvocate General Corps, which have a legal policy of not hiring homosexual lawyers would be illegal, in that it forces third party compliance with internal standards intended to be binding on State practice only. It is the contention of the Law Faculty, the Report, and many of the University Faculty presentTuesdaythatalthough it is legal for the military to refuse employment on the ground of sexual preference, theCareer Development Office is under no legal obligation to assist in what the Law Faculty has concluded is a discriminatory hiring practice. The report statesthatthePresident does have the "authority to approve or rescind policies of all sorts on this campus" and that "decisions about the rules, policies and practices involved in the operation of the Law School Career Development office are undoubtedly among those which it is the President's legal prerogative to approve or not; but in practice the power and authority to make such decisions has been delegated to academic units, and faculty have, under well established and highly democratic procedures, made the decisions without interference from the fifth floor'of Capen. The narrow legalism ofthePresident's statement is a vote of 'no confidence' in his colleagues. — * ** "Disdain is further expressed in the timing of the President's action. He knew thatthe Chair of the Senate had appointed a special committee to lookinto this whole question. He met with the Committee. He provided an early draft of his statement to the Committee. And, he knew that his professorial colleagues in the Law School had delivered to the Committee a background document which challenged main points in his draft statement. In this context he promptly issued his statement without giving the special committee, or theFaculty Senate, a chance to deliberate SBA Expands Agenda The 5.8.A., in pursuit of the active agenda promised to the students during recent campaigns, has initiated three new committees, approved a referendum on SASU, seated a law school student on the FSA Board of Directors, and voted to support the Buffalo Public Interest Program's quest for a Loan Repayment Assistance Program. The three new committees are: 1. The Kenneth Gomez Memorial Fund Committee; 2. The S.B.A. Book Exchange Committee, and; 3. TheBar Review Co-op Committee. by Jim Monroe Staff Writer The Kenneth Gomez Memorial Fund Committee will be chaired by Martin Sanchez-Rojas and seeks input from any interested student. Kenny was a very active member of theClass of 1990 and was buried in New York this summer without a headstone. Initially the group will seek to raise money for the headstone with an Outer Circle Orchestra dance and keg party. The S.B.A. Book Exchange Committee seeks to eliminate what appears to be price gouging by Follett Bookstores when selling used law school texts. Follett usually pays 3-10 dollars for used law school books when buying them from students and then sells the texts for 20-30 dollars. Anyone interested in helping S.B.A. organize the Book Exchange should contact first year class director Jim Maisano. Kevin Doyle and Pamela Howell (2nd and Ist year class directors, respectively) are picking up the Bar Review Co-op project initiated last year by John Wenzke. John was able to secure two very appealing offers without any negotiation. (continued on page 9) and express their points of view." President Sample responded specifically to this accusation at the Faculty Senate meeting on the 17th saying that "I did my best to listen to all who wished to be heard on thisissue" and that he had read "every word" of all the briefs submitted to him before drafting his statement of May 10. President Sample Sample also took issue with the accusation that he showed disdain and disrespect for his Law School colleagues saying, "I do not believe that to be the case at all; there is a very big difference between disdain and disagreement." In answer to Sample's accusation that those who advocate the Law School resolution are violating or endangering the "fundamental principles of academicfreedom" the report states that: "this too insults the law faculty by its misstatements of the issue. What was at stake was not whether behavior was 'offensive' but whether it violated explicit policies of the Governor and the Trustees. Cheapening the issue by reducing it to a matter of sentiment trivializes faculty deliberations and convictions." After a spirited debate the Faculty Senate adopted a resolution stating: "The Faculty Senate has received the report of Professors Garver, Solkoff, and Zemel in response to President Sample's opinion of May 1989 concerning the Law School Employer Recruiting Policy. It commends and thanks Professors Garver, Solkoffand Zemel for their report. "In response to both documents, the Faculty Senate hereby calls uponthe President to take all actions within his authority to enforce resolution 83-216." Resolution 83-216 reads, in part, that "all judgments about and actions toward students and employees will be based on their qualifications, abilities and performance. Attitudes, practices, and preferences of individuals that are essentially personal in nature, such as private expression of sexual (continued on page 11) Civil Rights in "Era ofDecline" Thirty-three years passed from the inception of the Emancipation Proclamation in 1863, to the decision of 1896 in Plessy v. Ferguson, which proclaimed races to be "separate, but equal." Similarly, it has taken 35 years from the hopeful promises of Brown v. Board ofEducation in 1954 to arrive at the principle of "unequal but irrelevant." by Christina A. Agola This is the crux of law professor Alan Freeman's revised article entitled "AntiDiscrimination Law; The View from 1989." Professor Freeman presented this article, still in draft and to be published in the Politics ofLaw in 1990, to some 50 students Wednesday, October sth, 1989 in the Senate Chambers of Talbert Hall. The reasons for what Professor Freeman terms as the "Era of Decline" in civil rights cases are attributed in his opinion to the Reagan appointed Supreme Court. In particular, he points to the recently appointed Supreme Court Justice Anthony Kennedy as the touchstone for the decline of new substantive thought in the area of antidiscrimination law. President Reagan appointed, in addition to Kennedy, Justices O'Connor and Scalia and Chief Justice Rehnquist. In light of this. Professor Freeman ponders the reasons why so many people were attracted to a president whose opposition to affirmative action was so pervasive. In the "era of decline" Professor Freeman suggests that Americans got what they wanted when they voted in President Reagan; the decline of forward movement in civil rights cases is not merely a product of the meanspirited eighties, and will be with us perhaps well into the next century. In tracing the development of this decline, Professor Freeman describes the trends in anti-discrimination law since Brown v. Board of Education, and labels the perspectives of the "victim" and "per- petrator," which are rooted in social reality and "timeless abstract norms," respectively. The "victim" perspective is at the heart of the Black American experience, and has been filled with both oppression and exclusion. This oppression has manifested itself in forms which still exist today. They include residential segregation, inadequate education and decreased political power.This list is not exclusive. The "perpetrator" perspective focuses on the behavior of certain individuals who are said to have acted prejudicially by partaking in discriminatory practices. The purpose of anti-discrimination law under this perspective is to apply historically irrelevant standards, irrespective of any social reality. The goal is punishment and does not send out any real substantive message aboutthecondition of the races. Professor Freeman states that the differences between the "victim" and "perpetrator" perspectives "may be recast starkly as the difference between equality of results and equality of opportunity, between de facto and de juresegregation, between substantive and formal equality. These perspectives have pervaded society since the Brown decision, initiating what Professor Freeman calls "the Era of Uncertainty." In as much as the Brown (continued on page 7 1) H IGHLIGHTS Local Bar proposes mandatory Pro Bono for New York State Attorneys Man and Animal are the subject of a three-part article by Alan Freeman and Betty Mensch .. p. 3 p. 5 �New York, New Jersey, and New England Students FMULTISTATE D ■ PROFESSIONAL RESPONSIBILITY EXAM LECTURE More people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, LIVE EDate: SAT., NOV. 11 TH 9AM■ 1 PM ROOM 106 Time: Place: to/fen The Nation's Largest and Most Successful Bar Review. 1415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 (516) 542-1030 (914) 684-0807 (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 2 The Opinion October25,1989 • • • �Wachtler Committee Proposes Mandatory Pro Bono Work In April of 1988, New York State Chief Judge Sol Wachtler appointed The Committee to Improve the Availability of Legal Services ("Committee"). The twenty-two member Committee, a broad cross section of the New York legal community, was charged with three specific tasks. First, to review information and to report the extent ofthe unmet need for civil legal services for the State's poor. Second, to explore the scope and operation of legal services currently provided. Third, and most critical, it was to prepare a plan for action concerning methods and programs necessary to provide legal services to the poor. Wachtler specifically requested that the Committee consider the "propriety and feasibility of imposing a mandatory pro bono obligation on all members of the bar." by Mary Clare Kane The conclusions of this Committee were recently released in a Preliminary Report to the Chief Judge of the State of New York. It proposed that all lawyers admitted to practice in New York State, and who are actively engaged in the active practices of law be required to provide a minimum of 40 hours of qualifying pro bono legal services every two years. Time which is contributed in excess of the minimum standard would be allowed to be carried forward for four years and to be credited pro rata toward fulfilling the pro bono requirement corresponding to that subsequent period. "Qualifying" services fall into three categories: (1) those rendered in civil matters to persons who cannot afford to pay outside counsel and also legal services in criminal matters for which there is no government obligation to provide funds for legal representations, (2) those related to improvement of the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to poor persons, and (3) those provided to charitable, public interest organizations on matters which are designed predominantly to address the needs of poor persons. The plan could be implemented through three avenues: judicial regulation, an amendment to the Code ofProfessional Responsibility and legislation. The Committee felt that judicial regulation would appear to be the most appropriate and could be implemented by authority under the New York Constitution, Art. 6, §28 and Judiciary Law, §211. The Chief Judge would promulgate new standards and administrative policies to promote and facilitate expeditious and fair treatment of the civil cases of indigents in the New York Courts to give effect to the Legislature's desire to provide counsel for indigents in appropriate cases, as expressed in the Civil Practice Law §1102. This regulation would set a new standard and policy that would require pro bono services by attorneys admitted to practice before the courts of New York. Law school clinical programs, in particular, were examined. The Committee felt that though the law school clinics were of sufficient value to the law student's educational experience, the Students Approach Sample on Widespread Anti-Gay Activities A groupofalmost fifty angry University of Buffalo students flooded UB President Steven B. Sample's office in a peaceful protest calling forSample to make a statement against militant anti-gay activities on campus. Sample's office staff, taken by surprise by the flood of students from the floor's elevator, hurridly began hiding open officefiles whileSample locked himself into an inner office and refused to meet with the students. The group, composed of both gay and straight students, was angered by posters that announced the formation of a campus group advocating elimination of all homosexuals from the univeristy. Other posters promoted killing gays as a method to end aids, eliminating all gaysupportive groups at the university, and ending all pro-gay activities at the school. Almost eighty students met in the Student Center Reading Room at approximately 2:15 p.m. on Tuesday to confront what was allegedly the 2:30 p.m. first meeting of The Anti Lesbian, Gay, and Bisexual Alliance. Posters for the AntiLGBA meeting had been hung after the close of classes last Thursday. When members of the anti-gay group failed to appear, approximately fifty students broke-off from the larger group to take copies of the anti-gay posters to President Sample. When the first group of students arrived in Sample's office, secretaries locked the President's outer office door. While students continued to flood the outer lobby, the first groupcircled directly into Sample's private office through an openfire door. Authorities then locked the fire door, locking the fifty students into the president's office while other supportive students, hearing of the incident, continued to fill the outer corridor. Student witnesses state that Sample, startled by the intrusion, fled the office into a side room. The students then attempted to make an appointment to meet with Sample concerning the anti-gay posters and graffitti that have appeared around the campus. Sample's representative initially refused the appointment, but later agreed to try to schedule the meeting if all the students present would leave their names, addresses and social security numbers with Sample's office. The students left Sample's office quietly after Vice Provost for Student Affairs Dr. Robert Palmer invited them to meet in his office. Dr. Palmer met with the students for over an hour. The students expressed their outrage that university maintenancestaffhave not removed anti-gay graffitti that was painted in and on several buildings over six months ago. One instance that especially outraged the students was the slogan "Queers must die" being left on a wall while a peace symbol later painted alongside was scrubbed away, allegedly by facilities staff. The group, composed of students from the Gay Law Student Organization, the Lesbian, Gay, Bisexual Alliance, and the National Lawyer's Guild, complained that allowing this and other discriminatory behavior on campus encourages the behavior. Last year's rescinding of the law school's Career Development Office antidiscrimination policy by Sample was cited by the group as evidence that gay and lesbian students are not afforded the same protections as other recognized minority groups at the university. The students called for the reinstitution of the policy. Other changes, both real and symbolic, requested by the students included: that the University Task Force on Intolerance include a representative from the university gay community, that the university's complaint form upon which discriminatory acts are reported include a checkbox for sexual-orientation based discrimination among the other categories, and that university maintenance be more vigilant in removing anti-gay graffitti. The students also requested that, as a goodwill gesture, Gay Pride flags be allowed to fly from university flagpoles and banners be strung from buildings on National Coming Out Day this October 11th. President Sample was encouraged to wear bluejeans and a National Coming Out Day T-shirt October 11th, and it was asked that he encourage his staff to do the same. He was also invited to participate in selling coffee and donuts at a NCOD informational table sponsored by the Gay Law Student and Gay Graduate groups at ÜB. They noted that he regularly involves himself with other student groups' activities. amount of actual client contact was li- to respond to the crisis of unmet legal mited. Even those clinics which were particularly client-oriented still only provided legal services to a limited number of poor persons. Given the limited return in legal services and considering the cost of altering and/or creating clinics which provided a more significant amount of client contact, the Committee felt that REQUIRING all law students to participate in clinical programs as a requirement for a law degree was inappropriate. The Committee also rejected a proposal to require that as a condition of admission to the New York State Bar that every law school graduate provide a specified number of hours of pro bono services to the poor. Student debt burdens were also considered by the Committee. Would easing the debt burden now borne by law school graduates affect the provision of legal services to the poor? The Committee concluded that loan forgiveness programs, by themselves, would not increase the number of attorneys presently engaged in legal services programs. But, that easing the law students' debt burdens would enlarge the pool of those seeeking legal services positions and if combined with increased government funding could enlarge the number of positions. This could have a favorable impact on the provision of legal services to the poor. Since most law schools have stretched theirfinancial aid resources to meet the costs of providing legal education, the government would have to bear most of the cost of Loan Repayment/Forgiveness Programs. The Committee looked with favor on the programs established at law schools in New York State; such as New York University and Columbia University, and the Committee urges others to considerthem. Though the Committee focused its report on the duty ofeach individual lawyer needs, the ways and means of promulgating that obligation and administration of that obligation in New York State, it stressed that adequately addressing the problem of legal services to the poor requires an effort that transcends both the lawyers' resources and their professional obligations. Government at all levels has an obligation to help provide civil legal assistance to the poor. Certain specific measures were recommended: One, that the federal government should restore and expand funding forthe Legal Services Corporation which has remained frozen at 1981 levels. Two, that State government should provide funding to improve and augment the efforts of legal services organizations and public interest groups devoted to addressing the basic legal needs of the poor. Three, that by providing increased funding for public assistance programs designed to meet the needs of specific population groups (e.g., public assistance recipients, the handicapped and the homeless), government could have a direct impact on the need for legal services. Citing this as an example: The burden of the Housing Court could be alleviated by providing public assistance rent benefits that more realistically reflect the actual rents that recipients pay. "It is a profoundly important truism that the homeless would have less need for legal services if they were not homeless," stated the Committee. Fourth, that the government agencies operating legal entitlement programs that result in the denial or termination of essential public benefits should be required to provide funding to legal services organizations that assist persons who cannot afford counsel. The Committee rationalizes its proposal (Continued on page 11) Erie County Bar Sponsors Worker's Compensation Lecture The Continuing Legal Education Series, (CLE), sponsored by the Erie County Bar Association, presented a lecture on October 14, 1989 entitled "Handling Workman's Compensation Cases." Sanford L. Clark, Chair of the Workers' Compensation Committee, claimed the aim of the seminar was to aid active lawyers and students in finding the "key to decipher (the) special language found in workers' compensation hearings." The other seminar speakers were: Mcl Hurwitz (sole practitioner), Mary Russo (Williams & Williams), and Mark Hamberger and Sue Duffy (both with Phillips, Lytle, Hitchcock, Blame & Huber). Compensation law is designed to provide the employee with access of up to 66% of his/her pay while recuperating and to grant the employer with protection against suits by injured workers. by John B. Licata seem overly formal. Hamberger made clear the position of the carrier in third party suits and reiterated the popular advice "to get (the carrier's consent to settlement) in writing." He emphasized the need for the "present value of future obligation to be extinguished," keeping the carrier free from future compensation claims. Mary Russo, the only speaker to provide an outline, discussed "Defenses to Worker Compensation Claims." Outlining the primary and secondary defenses used by employers, Russo differentiated between compensatory and non-compensatory claims regarding accidents, occupation disease, and the important element of the "independent medical examiner." She effectively referred to examples already presented by Hamberger and Hurwitz to illuminate aspects of her lecture. Russo gave a concise guideline for counselors to "look to the nature of the work: where was it accomplished? who was it for? who determined the acceptable quality? as a test for determining the strength of a compensation claim. Sue Duffy explained the position of both carriers and claimants in a comp hearing. Duffy succinctly discussed the informal elements of the hearing procedure and the wide range of competent evidence. Aside from Due Process requirements the entire procedure is designed to allow claimants self-representation. The burden is on the carriers to overcome basic presumptions regarding proper notice served, establish the legality of the relationship of the claimant to the employer and to establish that the "injury arose out of and was in the course of em- As chair of the seminar Clark discussed the form system used in compensation by outlining the more important forms used during the course of a hearing. The featured lecturers had all been chairpersons of the Erie County Bar Association Workers' Compensation Committee. Mcl Hurwitz, a claimant representative, discussed the "General Benefit Structure" of the compensation system in a dynamic style. His discussion was full of examples that touched the funny bone of his audience: he guided them through the maze of color coded claim forms "brown ones are bad, good forms are yellow, orange, and powder blue"; scheduled compensation "a thumb cut off equals seventy-five weeks at $150 max per week"; and the line between tort law ployment." and compensation "fights at work over The seminar was the fourth in the 1989Monday Night Football are not compensable." -90 CLE schedule of topics to be addressed. The next seminar, "Law GuardMark Hamberger, a defense representative, examined the best methods suited ianship," is scheduled for October 27, to handling a third party compensatory 1989 in the Ceremonial Courtroom of the Supreme Court. There is no charge for action. The hapless position of following Hurwitz made Hamberger's discussion attendance. October 25,1989 The Opinion — — — 3 �ASTWV T'Onl REGISTRATION MUST w9 /Veper Course Includes: "& Complete lecture —•»�s{ WITH ■■ ■ THE }e«~ -fr £ss<ry writing Multistate Practice and Exam ■■ H| UIPDvD ■|A ■ ■ U fPflflflf 111 M«jfi U A JU| ¥C ■■ II 111I nTf Law students discount of $125 will be deductedfrom the cost of $1,075 for any student still in law school who registers for the Pieper New York Multistate Bar Review Course by November 1, 1989. * Multistate Professional Responsibility Exam W Multistate Volume * Professional Responsibility M flllS w JOllfl iWp€TS — f/noc CtltHntirO iil'lstUSo UUIUUIILZ For more information see your Pieper Representatives or contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK 11501 747-4311 The Bar Course That Cares. Telephone: (516) 4 The Opinion October25,1989 �Professors Contemplate Man's Coexistence With Animals This is the first of a three part essay on man's relationship to animals. The article was originally printed in the September/ October 1989 issue of Tikkun. For the animal should not be measured by man. In a world older and more complete than ours they move finished and complete, gifted with extensions of the senses we have lost or never attained, living by voices we shall never hear: They are not brethren, they are not underlings; they are other nations, caught in with ourselves in the net of life and time, fellow prisoners of the splendor and travail of the earth. treme knuckle pain that one neverpunches a dog in the mouth. In Buffalo, New York, where we live, more than half the children in the public schools live in poverty. Yet we spent enormous sums to maintain and accommodate Bruno. At any time we could have asked the vet to "put him to sleep," as the euphemism goes, and as the vet quite frankly suggested. But we felt we had made a commitment to Bruno. He was a fellow being whom we had taken into our generally. We simultaneously know and do not wish to know the truth. Animal suffering makes us anxious and uncomfortable, yet most of us want to make "rational "use ofanimalsfor our own wellbeing. Thinkaboutcalves confined in crates in darkness, so starved for iron that they drink their own urine, so starved for maternal affection that they suck desperately at any object offered them; or caged laboratory rabbits whose eyes are dousedwith burning, blinding chemicals. —Henry Beston The appreciation of the separate realities enjoyed by other organisms is not only no threat to our own reality, but the root ofa fundamental j0y.... [I]t is with this freedom from dogma, I think, that the meaning of the words "celebration of life" becomes clear. —Barry Lopez byBetty Mensch and Alan Freeman For five years we have been teaching about our relationship with animals and nature. This essay is the product of that enterprise, which was occasioned by our need to sort out a bizarre and contradictory experiential reality—our relationship with our dog, Bruno. For six years we lived as if in bondage to a tall, seventy-pound German short-haired pointer, bred by experts to be the perfect all-purpose hunting dog— sure of foot, keen of scent, willing to brave tangled underbrush and icy waters to retrieve its prey. The real Bruno was neurotic, cowardly, obsessive, and a constant source of household tension. At three months, however, Bruno had been a cute puppy who caught our attention as he stared out from the cramped confinement of a pet-store cage. The next day he was ours, and was to be ours for six long years. Respectful of Bruno's noble hunting ancestry (although he himself was both gun-shy and afraid to swim), we tried to give him a chance to exert himself in wooded settings. For a time we dragged our one-year-old child out for daily dog walks after work, until Bruno caught and ate a squealing baby badger. Bruno's enormous physical skills, out of all proportion to his sense, fueledhis every move with anxiety-ridden energy. After discovering he could dig holes, for example, he transformed thesmall but welllandscaped backyard behind our new house into a series of deep, muddy moon craters, which he then stocked with rotting garbage. Our house had come with a fenced-in yard, but, alas, thefence stopped at four feet, which Bruno learned to take in a single bound. Within days the police arrived to tell us that "the big gray dog" had been spotted by neighbors down the street destroying their garden. In a state of humiliationfor our unneighborly behavior, we spent more than $2,000 in landscaping and fence expenses. And Bruno later managed to gore himself leaping the new pointed wood fence, leading to $800 in vet bills, along with thriceweekly trips to the vet for most of a summer to have his surgical wounds drained. These anecdotes merely skim the surface of Bruno reality. They leave out the fact that our six-year-old lived in constant fear during hisfirstthreeyears, surethatBruno would eat him, for Bruno regularly wolfed down anything he could seize from the poor child's high-chair tray. And nothing can capture the experience of awakening to Bruno's loud whining at four in the morning, assuming he really had to go, and then discovering he just wanted to watch for therabbit on theother side of the fence. On one such occasion, Alan punched him in the mouth, learning through ex- Betty Mensch andAlan Freeman home, and we experienced him as such, not just as a toy to be discarded should it cease to be amusing. The bottom line is contradiction. Our experience of Bruno was utterly at odds with deliberate, rational analysis of our situation. In this respect, we soon discovered, we were not alone. In American culture at large, treatment of pets is riddled with contradiction. We spend $8 billion per year keeping dogs and cats, often in absurd luxury (grooming parlors, jewelry, even fur coats for some). Pet food takes up more supermarket shelf space than any other commodity, even though the proliferation of advertised flavors and textures does nothing to benefit animal health. What we don't wish to know, however, is how many animals suffer and die as a direct result of our pet-keeping practices. Of the 72,000 dogs and cats born daily in the United States, only one in five finds a home. Shelters destroy some eighteen million unwantedanimalseach year, while other unwanted pets live short miserable lives scrounging for food: major cities like New York and Los Angeles have about 100,000 wild dogs each. We abhor the eating of dogs or cats as akin to cannibalism. Shelters therefore refuse to export cat and dog bodies for use as human food, fearing public outcry, yet these same discarded bodies are regularly sentto rendering plants to be recycled into low-phosphate detergent and hog and chicken food, a practice that seems to pass as minimally acceptable. Our culture tolerates those who lavish affection and resources on pets, but when totemistic affection is expressed through bestiality, we find thebehavior despicable. Pet keeping hasbeen called a form of petty domination, with its origins in decadent aristocratic traditions—perhaps a way of mediating our contradictory attitudes toward incest taboos, given the limited license pets provide to fondle warm, furry bodies within a familial setting. Nevertheless, these put-downs do not capture the almost magical contact that occurs when, for example, dogs are used to help emotionally disturbed children regain their connection to the world. What is the meaning of that dog-person bond? Itis not universal, for the treatment of pets is as various as the cultures of the world. In some areas, dogs have traditionally been regarded as scavengers and "pestiferous vermin." This is still the case in Northern Thailand, where dogskeep the compounds clean in theabsence ofbathrooms. There, to eat dog is considered revolting because dogs are low creatures who eat feces. On the other hand, the West has no monopoly on affection for dogs. Early explorers in Australia found that Aborigine women nursed dingo pups along with their own infants, and the pups were lovingly raised in the household. Our own culture's paradoxical and contradictory relationship with pets is but a subset of our relationship with animals Eager to experience haute cuisine without cholesterol, many of us happily devour veal dishes despite the bleak, anguished experience of the calves whose flesh, we know, supplies the meat. And we regularly anointourselves with perfumes, powders, sprays, and ointments to enhance our capacity to attract other human animals, employing for the purpose cosmetics tested by tormenting hapless creatures. Although we often choose to ignore animal reality, few topics grip public attention with theforce of an animal story. The single biggest media event during the 1988 presidential campaign was the dramatically depicted plight of some stranded whales off the Alaskan coast. The most sophisticated manipulators of our consumer consciousness, those who design adsfor beer, know that nothing sells their product so well as dogs (or perhaps the combination of dogs and sex, which is even more curious). And our children's books are filled with furry, warm, loving animals, whom our kids relate to as fellow beings, at least until they sit down to dine on some of them. Animal rights activists, usually dismissed by intellectuals as bourgeois sentimentalists, have recently gained surprising political clout. Newsweek reported in May 1988that Congress had received more mail on the subject of animal research than on any other topic, and some university experiments have been halted as a result of public pressure. In December George Bush, embarrassed by negative coverage of his annual winter quailhunting pageant, felt obliged to assure the people, when he later went deep-sea fishing, thathe did not hurtthe fish; he planned to throw them back into the ocean after catching them. As environmental disasters (like the Alaskan oil spill, with its attendant animal suffering) multiply, even mainstream voices are recognizing that we cannot simply go an taking the natural world for granted. Today, however, we are not even close to developing an ethically coherent position on the treatment of the environment in general or of animals in particular. Ostensibly straightforward issues prove confounding. For example, the Endangered Species Act, reflecting a kind of Noah's Ark mentality, is clearly premised on the view that some economic sacrifice may be requi red to preserve the last members of species threatenedwith extinction. But the act fails to address the fact that extinction usually results from habitat alteration. Preserving habitats is expen(continued on page 7) Student Reps to SBA Committees Named The Student Bar Association would like SOCIAL COMMITTEE to congratulate those students selected as representatives to the various law Kelly Eckmair school committees. The interviewers had a difficult time making the selections from a field of so many qualified candidates. The number of students interviewing for the committeesthisyearfar exceeded the number of students in the past three years. The SBA would like to thank everyone who interviewed for the committee positions, and further encourage SBA involve- SPECIAL NEEDS COMMITTEE Jill Clarke Nancy Schulman ment. MITCHELLLECTURE COMMITTEE Veanka McKenzie Tanya Lambert-Watkins Marjory Cajoux Alternate: Sharon Johnson SUB-BOARD I Kimi King FINANCE COMMITTEE Jonathon Johnsen Tanya Lambert-Watkins Nathaniel Charny Jim Maisano STUDENT REPRESENTATIVE TO FACULTY MEETINGS Kimi King Maria Germani ACADEMIC STANDARDS AND STANDINGS COMMITTEE Ulysses Moultrie Pamela Moslley Rosalie Leslie Kathleen Reilly ADMISSIONS COMMITTEE Kathleen Reilly Marcos Zuniga Martin Coleman Carl Marshall Andrea Windley COMMITTEE ON RESOLUTIONS Jennifer Prescod Sharon Johnson ANTI-DISCRIMINATION COMMITTEE Rob Davis Joseline Pena Trini Ross Alternate: Sharon Johsnon ACADEMIC POLICY COMMITTEE Veanka McKenzie Sandra Williams Marjory Cajoux APPOINTMENTS COMMITTEE Alternate: Sandra Williams SPECIAL PROGRAMS COMMITTEE Linda Gadsby Sharon Johnson Brad Barneys Alternate: Ulysses Moulterie 1990 COMMENCEMENT COMMITTEE UPDATE Due to an underwhelming response to our request for commencement speaker suggestions, we will have a table set up outside the library this week to give third year students an opportunity to voice opinions on the keynote speaker. We encourage all third year students to speak now or forever hold your peace. To raise money to defray the cost of our post-graduation ceremony reception, we are holding a baked goods/cider sale on Halloween, Tuesday, October 31. If anyone can contribute to our supply of saleable goodies, please contact Barb Gardner, Box #98, as soon as possible. Stay tuned to this paper forfurther updates. October25,1989 The Opinion 5 �1 OPINION From The Opinion's Mailbox STATE UNIVERSITY OF NEW YORK AT BUFFALI ) SCHOt >LOF LAW Volume 30, NO./6 October 25, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Features Editor: Photography Editor: Bruce Brown Michael Gurwitz JeffMarkello Editorial A Tale of Two Earthquakes Last week two earthquakes struck in two very different parts of the world. The San Francisco earthquake received widespread media attention. Many of us were moved by the scenes of devastation on the nightly television news, yet at the same time we were amazed that the damage was not worse. The city was not leveled by any means, in fact large portions of the city were left standing (though not unblemished) thanks to tough building codes. San Francisco and the surrounding areas will now enter a rebuilding stage. The knowledge gained from this unfortunate incident will help them to guard against damage from earthquakes yet to come. President Bush has pledged the support of the federal government to the rebuilding effort. He visited the stricken area three days after the quake to reinforce his personal commitment to help relieve and rebuild. The second earthquake occurred in northern China one day after the San Francisco earthquake. The damage was most severe in the largely rural area along the Shanxi-Hebei provincial border. This earthquake received relatively less media attention than the San Francisco earthquake. The earthquake was also technically less severe than the San Francisco earthquake, it measured only between 5 and 6 on the Richter scale. And although the quake didn't cause billions of dollars in damage, this earthquake may very well be more devastating to the villagers that it struck than the earthquake that struck theresidents of the San Francisco area. News of the quake that hit Northern China is hard to come by but one news service estimated that the homes of 8,000 peasant families had been flattened. The homes in this area are made of clay and don't have to meet strict seismic guidelines before they can be built. The people of this area don't have heavy equipment to rescue survivors and the peasants are using primitive means to dig through the rubble. The Chinese government didn't send any representatives to survey the scene. In fact the only thing the government has done is send a few loaves of bread. The primitive peasant villages that were destroyed in China will probably take long painstaking years to rebuild and the people of that area will not feel a sense of normalcy for at least that long. As we watch the rebuilding of San Francisco on the nightly news, along with feeling sorrow for the people of the area we should remember the peasants in northern China and be thankful that the Californians are able to rebuild at all. Staff: Ted Baecher, Dennis Fordham, Jennifer Latham, Jim Monroe Contributors: Christina A. Agola, Alan Freeman, Maria Germani, Ellen Gibson, Mary Clare Kane, Gary Ketcham, John Licata, Darryl McPherson, Betty Mensch, Sandra Williams ©Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic' year: It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressedIn this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office. 724 O'Brian. Sub-Board Responds to Opinion To the Editor: matter for Sub Board to judgenor decide.) However, because authorization by the Editorials can serve to inform, edify, challenge, and sometimes stir to action. designated officers of the governing body The editorial "Student Groups Need Fiand the University designee, is required nancial Freedom" in the 9/27 issue of to legitimize an expenditure, the process Opinion did accomplish the latter. Because may unfortunately be delayed. How effithe article was fraught with so many misciently the process works is entirely in the hands of the designated officers of each representations and distortions of fact, I am stirred to respond. I believe setting organization not only to insure compliance with the guidelines but to expedite the the record straight is in the best interests of the students Sub Board I, Inc. serves. quick and efficient payment to vendors, Sub Board I, Inc. is the recognized acetc. This entire procedure can take as few counting agency for six student governas four business days... at most ten days. It is indeed regretable that on occaments on campus. All Mandatory Student sion a payment may be delayed due to Activity Fees are deposited and disbursed through this student owned and operated missing information on the Request Form or insufficient supporting documentation. agency. On behalf of the students, theAcWith transitions in student officers each counting Office's primary funciton is to year, mistakes do occur until the system insure fiscal integrity and accountability is learned. The Office staff do everything through compliance with Generally Acin their power to advise and hopefully precepted Accounting Principles (GAAP). Secondly though less directly, these oblivent these delays. The gross exaggerations and allegations gations emanate from the Guidelines of of the editorial serve only to point out the Board of Trustees of the State University of New York for the expenditure of how little information the writer had in Mandatory Student Activity Fees. doing the piece. If it was intended to do Sub Board has absolutely no control a service to the Student Bar Association over the budgetary decisions of any stuthe most logical step would have been to dent body constituency. That responsibilmount an effort first to investigate and ity is vested only in the governing body then test the validity of the case. I chalof a respective government. (Even if a stulenge the writer to do just that. dentgroupwishes to purchase "company Gabrielle Miskell cars and executive suites" that's not a Executive Director/Sub Board I, Inc. The Opinion October25,1989 6 Student Decries "Perfect Authority" To the Editor: As I thumbed through The Opinion of October 11, I was delighted to see my name and to realize that Mr. Monroe had responded to my letter of September 27. There is very little I enjoy more than a lively, intelligent debate. It is a terrible shame that Mr. Monroe was unable to provide any. I was amazed to see that I had been lumped together with two other people, a Mr. Miller and a Mr. Barry, whom I have never in my life met. The three of us were accused, en masse, of writing in "the typical reactionary style," and of resorting to "name calling and baseless labelling to attack the people [we] disagree with rather than dealing with the issues at hand." We were also accused of using "the same ad hominem tacticsand phrasing used in last year's racist 'Independent Journal'," and of using "huge local gaps to press our obfuscations." Mr. Monroe must have grossly misunderstood, or perhaps read some other letter which he attributes to me. At no point in my letter did I attempt to cloud the issue, and I don't even know what "huge local gaps" are. What I attempted to do and what I did was to express my opinion. I addressed the issue directly. The issue is freedom of speech under the First Amendment and my opinion is that, if we do not protect the right to unpopular speech, even offensive speech, then we have protected nothing. Mr. Monroe reveals his contempt for such ideas as freedom of speech in his sarcastic reference to the "sacred thoughts of Thomas Jefferson." Forgive me Mr. Monroe, but I do hold those thoughts in considerable esteem. The point I made in my letter, and the point I reiterate, is that statements like Mr. Monroe's, "what type of racist and sexist speech [do] they believe should be protected," embodies a dangerous tendency to believe that there is some perfect authority who can make perfect decisions regarding what is and is not acceptable thought and speech (in the present case, of course, that perfect authority would be Mr. Monroe himself). Clearly, there is no such perfect authority, never has been. It is thisfundamental idea which theformulatorsoftheFirst Amendment understood. Mr. Monroe would set himself up as this perfect authority. This is evidenced by the last sentence of his letter wherein he states: "From now on I'd appreciate it if Woodside, Miller and their ilk [I have been relegated to ilk!] would check with me before they attack anyone." If Mr. Monroe honestly believes that I attacked him personally, for that I apologize. It was never my intention to attack him, but only to attack his ideas. I truly believe that the First Amendment was meant to, and must, protect even unpopular speech. I am not, as Mr. Monroe suggests, one of the "cheerleaders for wild Bill Rehnquist, the ex-Nixon hired gun ." I have no idea how Mr. Monroe managed to pull William Rehnquist out of his hat. I am unfamiliar with any comments Chief Justice Rehnquist has made regarding thefaculty statement here at ÜB. While we are on the subject of William Rehnquist, I must repudiate any suggestion by Mr. Monroe that I supported Chief Justice Rehnquist's decision in Texas v. .. . Johnson. I am not entirely certain why Mr. Monroe included the next to last paragraph in his letter to the editor. That paragraph reads: Bill [William Rehnquist] just wrote the dissenting opinion for Texas v. Johnson, that stated that flag burning was not a form of speech. He said it was more like a grunt or a groan. 0.X., so by Bill's rules what is putting dog shit insomeone's mail box pure speech? — It would appear, since Mr. Monroe's entire letter was one big lumping together of all those whose opinions he opposes, that the preceding paragraph was somehow to relate to me. That is, thatMr. Monroe would attribute the dissent of Chief Justice Rehnquist to me. Perhaps Mr. Monroe feels thatChief Justice Rehnquist is also of my "ilk." For this matter, let me say that I stand with the majority. Clearly, the burning of the flag is a form of expression and _ought (rightfully) to be protected. This also means that, if the overwhelming majority of the nation believes that the flag is a symbol of the United States which should supersede the right to free speech, then the only way to remedy the situation is through a constitutional amendment, not through a statute passed by Congress, which I, they, and you know to be Prima facie unconstitutional. For the record, I am against such a constitutional amendment. However, Mr. Monroe did not feel it was necessary to ask my opinion before attributing the Rehnquist dissent to me. As for the incident with the dog feces, to which Mr. Monroe so eloquently refers; as I stated in my letter, the laws of harassment and vandalism already cover it. There is no need to limit freedom of speech. I strongly support any movement to prosecute those people within the full extent of the law. I strongly oppose any movement to remedy the situation by limiting freedom of speech. The two are not related. It is very clear that any opinion which differs from James Monroe will be condemned as "reactionary," "racist," and of an "ilk." I beg of all those reading this, that you read Mr. Monroe's letter and remember that, if the faculty statement is allowed to stand, we will undoubtedly end up with a James Monroe dictating what is and is not acceptable thought and speech. The right to express unpopular ideas, or even to object to a movement to limit unpopular ideas, will be lost forever. We will become subject to the caprice of whomever happens to be in power at any particular time. We will become subject to the limits of thought which Mr. Monroe finds acceptable. We may end up with a society wherein Mr. Monroe will sit and pontificate on what is and is not proper thought and speech, and we will be held to his entirely subjective point of view. I am sorry that Mr. Monroe feels that no point of view different from his own ought to be allowed expression. However, I must decline his invitation to check with him before I speak my mind. I am perfectly capable of deciding my own point of view. Hemay succeed in prohibiting my opinion, but he will not succeed in suppressing it. Keith L Woodside Student's Lecture on China Praised To the Editor: Many thanks to Ken Schagrin, a second year UB law student who took the time to share his experiences and video footage of the Chinese demonstrations that took place in Tianeman Square during the spring and early summer of this year. The presentation was held on Wednesday, October 3rd and sponsored by Maureen Barons, Chairperson of Amnesty International at ÜB. It was enlightening for those who attended to view the actual footage of the demonstrationsand to hear a Westerner's perception and assessment of the events that led to this collective demand for democracy. More student lectures like this are welcomed. While attending school, we learn from the experiences of other students as well as books and professors. Thanks again to Ken Schagrin, Maureen Barons and Amnesty International. Moses M.S. Howden �GROUND ZERO Is The United States The Great Satan? Two recent events started me thinking about the U.S.A. and what it stands for. The first was the announcement last week that this country will not comply with a global ban on chemical weapons, and instead will go full-steam ahead in producing more of those wretched weapons. The second was a story broadcast by National Public Radio which recounted the destruction of a medical clinic by Unita rebels in Angola. This clinic, though miserably undersupplied and understaffed, was the only medical resource in the area. The Unita rebels blew it up. As you might have guessed, Unita has the full support of the United States government. These two events combined to make me ask (yet again): What the hell is wrong with this country!? by Michael D. Gurwitz Features Editor The Soviet Union (the bad guys) announced that it would join in an international ban on the production of poison gas weapons. The ban was agreed to by approximnately 40 nations in Geneva. The United States (the good guys) is going to ignore this global ban and continue manufacturing weapons that will make people blister, vomit, bleed, suffocate, and after 5 to 10 minutes, die. The victims probably will not be soldiers, but civilians like you or me that is, if we were Third World civilians. Did I forget to mention that these poison gas weapons will be bought with our tax dollars? Not that I'm about to question the mor- — Animals. sive, as has been the case with the vast and uncontaminated territories required by California condors or the "oldgrowth" forests needed by snowy owls. Suddenly ourcommitmentto preservation becomes a commitmentto "rescue" a few last survivors and place them in zoos where, we hope, they will breed. But is a condor outsideits habitat really a condor, or simply an artifact preserved by people to assuage human guilt? Moreover, on exactly what basis do we give such special emphasis to the category "species," which is, after all, a human creation, manipulable in its plasticity, as interpreters of the Endangered Species Act have discovered? On what basis does a snail darter have a greater claim to our concern than a raccoon suffering in a trap or a rabbit bred to suffer in a lab? Even when we make a commitment to preserving a natural habitat, what do we mean by "natural" in a world so changed and dominated by humans? Are fires in Yellowstone "natural"? Wild horses on the western prairies? The hunting of overpopulated deer herds? We simply lack a vocabulary for analyzing these issues, which are ultimately ethical and theological, not just factual. In the context of human suffering caused by AIDS, theabsolutism of thosewho oppose all animal experimentation seems callous in its indifference; yet the tremendous amount of animal suffering that we impose for trivial purposes (the testing of each new color of cosmetics, for example) may be a sign of spiritual debasement. Opponents ofanimal rights activists charge them with caring only about animals and having no compassion for people. These opponents remind us that Himmler was a proponent ofanimal rights, thatHitler was a vegetarian. Perhaps some modern vegetarians, in their purist zeal, seek to construct a fantasy world for themselves, denying that life is rooted in suffering and death, that we are all, in the end, mere flesh. On the other hand, do we really "need" perfectly tender white veal meat, given the dismal suffering that is the price of its production? Does our insatiable desire for McDonald's hamburgers justify turning tropical rain forests into cattle-grazing pastures?At some point, does not our zeal to make productive use of nature threaten not only the future of the world's ecology, ality of our government producing chem- ical weapons. My country, right or wrong. But dammit, when General Hussein or Iraq used chemical weapons on the Kurds last year, I was really mad, weren't you? What kind of country would use chemical weapons in this day and age, especially after the documented horrors ofchemical warfare in W.W. I? A military dictatorship like Iraq, that's who. A country which has been condemned by every decent county in this world for its crimes against humanity and nature by using poison gasses on civilians who didn't stand a chance. Well, move over Hassad, Uncle Sam wants to get his hands blistered and bloody too. Have we gone insane? Here was an opportunity to join in an international ban on chemical weapons production, and George Bush, our democratically elected leader, decided that the desire of the American people was to embrace these weapons from hell. For this we voted?? I've got news for the White House and those misguided Republicans and Democrats who fought the ban. According to experts at the Brookings Institute, our rejection of joining in the ban on chemical weapons production will spur Third World countries to also produce these weapons. They don't want to be left out of the fun, andafter all; chemical weapons have been dubbed the poor person's nuclear bomb. Another bit of news for the lunatics in Washington: lots of Third World countries don't like us. Remember Khaddafy and his West German supplied pesticide from page 5 our but also own moral well-being? If we are to take seriously the suffering and survival of animals, we must at some point confront and reject some basic presumptions of what we have inherited as secular Western Culture.These presumptions are rooted in the social moves we deploy to rationalize hierarchy and domination. These basic moves are to universalize one's particularity, to project its absence onto everyone else, and then to privilege the now universalized trait as the basis for hierarchical superiority for oneself and reductionist objectification of the other. Through this process, dominant groups invent names for characteristics of themselves so as to celebrate their own possession of them and decry their absence in others. So named, these traits become images that take on lives of their own: the traits are implicitly universalized, and others are measured by theirdistance from norms now taken to be objective or natural. Thus has Western Culture identified itself asthetriumph ofcivilization and instrumental rationality. The English rationalized their brutal oppression of the Irish on the grounds that the latter were "heathen" and "savage," by which the English meant that the Irish were not English, which, by definition, meant "Christian" and "civil." Similarly, Africans were categorized as not white, and therefore lacking the package of cultural traitsassociated with whiteness. And men, having defined themselves as the embodiment of rational discourse and moral capacity, have found women by definition lacking in these traits, which means they must play dependent roles. An extreme example of absence-projection is the Freudian notion of penis envy, which, one might suggest, grew out of Freud's inability, in a cultural context of male domination, to imagine himself as a person without one. In short, over a period of more than three hundred years a particular form of discourse, largely belonging to privileged white men, has claimedfor itselfthe status ofUniversal Reason. That discourse, which may be characterized as dualistic, analytic, instrumental rationality, has become the yardstick of human hierarchyand privilege in our culture. It also has become the basis for reconceptualizing our relationship to animals and nature so as to rationalize our exploitation and domination of them. factory? It's quite possible that one of these days, some Third World joker with a grudge against the U.S.A. will detonate a poison gas bomb in this country. It might be in Los Angeles, or New York, or Kennenbunkport, or Buffalo, but when it happens, it will be very bad, and the burned and mutilated tax-payers will not be happy with this particular return on their investment. But so what? I agree with you, George! Damn the poison torpedoes and full-speed ahead. Let's keep American chemical weapons factories working! Ever hear of Jonas Savimbi? He's the charismatic leader of Unita, a guerilla army which is battling the communist government of Angola. For years Unita was supported by the South African government. In his second term of office. President Reagan, at the behest ofthe extreme right, met with Savimbi and pledged United States support to Unita. Republican and Democratic politicians alike, the people we elected to office to serve our country, simply stood by like dumb asses as our president shook hands with the devil. Associating the United States with the fascist South African government was bad enough, both from a moral and strategic standpoint (blacks in South Africa will eventually replace the whites as the ruling constituency, and they won't forget the actions of the U.S.A.), but even worse was our allying with Unita itself. Jonas Savimbi is a sadist and a butcher. His Unita rebels are notorious for their raids upon unarmed civilians. They routinely murder, torture, rape, and enslave their victims. As National Public Radio highlighted, Unita is conducting a war of terror against the Angolan People. In addition to their human rights atrocities, Unita destroys hospitals, electrical supplies, farms, and other nonmilitary structures. They also plant anti-personnel landmines in the dirt roads used by peasants to get to their fields and homes. The dirt-poor men, women, and children of Angola are losing their legs to these mines, but that's okay by Uncle Sam, because after all, those people are just black, and Unita isfighting the commies. An unfair criticism of our government? Hell no! We do it all the time! Vietnam, Cambodia, Chile, Guatemala, El Salvador, Haiti, Phillipines, Nicaragua, Iran...: if it's poor, weak, non-white, and has sadists willing to kill communists, we'll back those sadists to the hilt, and ethics and morals be damned. It's not just Republicans, and it's not just Democrats, it's our government it's US. I know that I am not the first to ask why we give money and weapons to right-wing dictators because we want to defeat left-wing dictators, but the more important question is why do we, American citizens and taxpayers, allow our government to keep supporting butchers over and over again? Is our hatred for communism that deep? I doubt it, just like I doubt whether 99% of the people in this country even know the definitionsof communism or democracy. Are we simply powerless to sway our leaders away from giving our nation's money and moral support to the scum of the earth? Are we happier seeing our hard-earned tax dollars being used to buy nerve gases and napalm and nuclear bombs, rather than schools and medical clinics and housing? The answers, apparently, are yes, but these answers fly in the face of reason, logic, and last but not least, compassion. How to explain all this? I don't know, but I'll give it a shot and see who bites. The evil emcee of the musical Cabaret sang a song about money, and how it makes the world go round. Why do we buy chemical weapons and sell arms to sadistic tyrants? I guess somebody, somewhere is making a buck off it. Ain't capitalism great? — COMMENTARY Just Who Were The Candidates? and bad weather. None of those excuses can wash in a self-contained, liberal law school like ÜB. So why is it, excepting Section Three, that only 52 out of hundreds actually bothered to vote? Is it conceivable that the majority of students actually don't care? I suppose it's possible. I remember from my undergrad experience that I could care less about the student government. But I get the sense that UB students are more socially conscious than that. I think a major factor was that students are reluctant to cast a vote for someone they don't know. In a world of media blitzes and sound bites, a candidate without exposure isn't by Darryl McPherson a candidate, he's a long shot. The key to This election was, for me, full of surthe Section Three victory was that the prises. For the first-year seats, only eight majority of the section knew who the canpeople initially ran, of which only one was didates were. And if they didn'tknow the a woman. I realize that few people are candidates, they knew me. Either way, the willing (or able) to invest the time necesvoter felt some kind of connection with sary for the position. Yet, with so many the election. dedicated and passionate people in this Student involvement, that's what the school, I expected more people to want SBA election lacked. The candidates' perto lend their voice to the SBA. sonal statements aren't enough to stimulate interest in the campaign. A student On the other side of the ballot, I noticed would have to care enough to read them the voter turnout. Outside of Section first. (Ironically, Pamela Howell, who reThree candidates, the highest number of ceived the most votes, had one of the votes awarded to a candidate was 52. Due more general statements.) With so many to what has been called a political other things on the student body's mind, machine, Section Three did significantly the of the election should be importance better. We campaigned heavily; stuffing more students would stressed. think I mailboxes, making presentations, and vote, but feeling it would be irresponsible basically harassing people into submisto cast a vote in ignorance, simply choose sion. As a result, all three candidates won, not to vote at all. and did so by a healthy margin, with 88, So, what conclusions can be drawn 82, and 78 votes respectively. from this? I think the entire election proClearly, there's a correlation between cess could be better publicized. More inthe effort put into the campaign and the formation should be imparted about the amount of votes we received. What SBA and the class director candidates bothers me is that so much effort was well before the election. I daresay these necessary in the first place. People don't alleged solutions are easier said than done, but what good is it to have elections want to get involved in politics these days. In the outside world, low voter turnout is if the very people you're to serve have blamed on poor education, social apathy, little to do with the election itself? October 25,1989 The Opinion What if they held an election and noone showed up? Some think it would be funny. Some think it would be tragic. I think it's possible. Recently, the Student Bar Association held elections for the position of Class Director. For each year, there were six seats open. While I didn't run for one of the slots, I did serve as campaign manager for the first-year section three candidates. This position gave me a rather unique perspective on the election, particularly for the first-years. 7 �THREE REASONS WHY MORE STUDENTS ARE CHOOSING KAPLAN-SMH BAR REVIEW COURSE INTENSIVE 1 QUESTION REVIEW: Over eighteen hours of in-class question analysis by experienced law school professors is an integral part of every SMH and Kaplan-SMH Bar Review course at no extra cost. O ™ NARRATIVE TEXTS: The law you need to know for your bar exam is explained for you—not outlined—in our comprehensive texts. UNPARALLELED CONVENIENCE: Preparation for the bar exams of nine- 3 teen jurisdictions is available at over 100 Stanley H. Kaplan Educational Centers nationwide (except in New England, D.C., Maryland, and New Mexico where courses are administered by SMH). PREPARATION FOR California Colorado Connecticut Dist. of Columbia Florida Illinois Maine Maryland Massachusetts Michigan New Hampshire New Jersey New Mexico New York Pennsylvania Rhode Island Texas Vermont Virginia If you plan to practice in any ofthese jurisdictions, your first step should be to contact your campus rep or your local StanleyKaplan Educational Center. L> Ca AW-CMU IBAR REVIEW SERVICES I SeeyourCampusßep,orcall: F R A sJKJ £Ji2 E* ef L,d. H 1330 Niagara Falls Blvd. (opposite Boulevard Mall) (800) 223-1782 (800) 343-9188 Tm ©1987 Kaplan-SMH 8 The Opinion October 25,1989 " 891? �Law School News Briefs Albany Over 200 law students and faculty members pledged $150.00 a piece for proposed renovations to the law school gym. The gym, which is used for lectures, parties and sporting events was renovated at a cost of $40,000. Previously a typical law school space shortage had threatened the future of the gym, it was feared the gym would be turned into offices. (The Issue, vol. 19, no. 1, August 24, 1989, page 1) Cleveland-Marshall Cleveland-Marshall's S.B.A. President used her power of appointment to appoint six student senators and a treasurer all within five minutes. The appointments were unanimously approved by nine stu- TNAHCREOS ATION dent senators attending the meeting. The attending senators apparently did not act too quickly as they did ask a few questions of the treasurer elect and ascertained that he "had a fair idea of how to fill out purchase requisitions." The new treasurer will receive a one semestertuition stipend for his work. (The Gavel, vol. 38, issue 1, September, 1989, page 6) Indiana University Indiana University had its annual Minority Law Day on October 14th.Speakers and other activities were planned to attract minorities and consequently increase minority enrollment at the Law School. The event is advertised throughout the city of Indianapolis and univer- sities in the State. Last years Minority Law Day attracted 100 prospective minority students, and is credited with increasing minority enrollment from the previous year. Fourteen black students enrolled at the school out of twenty-one offered admission. The previous year only five black students enrolled out of nine offered admission. (Dictum, vol. 1, no. 1, September 20, 1989, page 1) University NYeowrk NYU held its annual "early interview week" the last week in August. Seven hundred and twelve interviewers (some firms sent as many as ten interviewers) from 25 states descended into an undergraduate dorm and proceeded to interview 720 students. Students were required to complete an interview preference sheet by July 6th, and a complex computer scheduling program attempted to match students to their first choice in interviewer. Eighty-nine percent of students were able to interview with their first choice. By the time early interview week ended, 15,962interviewshad taken place. ****** The administration failed to accommodate the needs of a potential NYU Law School student who wished to live in the married student housing with his gay partner. The student was accepted at the school last Spring and felt he could not afford to attend unless he was able to move in to campus housing. Dean John Strudler felt that he could not change the housing policy (which requires couples to produce a marriage license) or make an exception for the student. The Dean spoke to administrators at other law schools including Harvard, Yale, Columbia and Berkeley and found that only Stanford accommodated gay and lesbian couples. The Lesbian and Gay Law Students Association at NYU would like to see the housing policy change and NYU become a leader in providing student housing without regard to sexual orientation. (Both stories from: The Commentator, vol. 24, no. 1,September8,1989, page 1) T.CWilliams The T.C. Williams chapter of the Federalist Society for Law and Public Policy Studies has gained official recognition from its national organization in Washington, D.C. This is the second year of the organization's existence with last year being mostly an organizational year. The society's founders are excited about the national recognition and are planning a "rush" event to introduce the society to potential members in the law school. (Juris Public!, vol. 16, no. 1, October 2, 1989, page 7) Law Library Staff Responds to Suggestions and Complaints The Opinion is pleased to print some of the suggestions that users of the Law Library have offered the library staff, and the staff's response. The Suggestion: Assigned, locked study carrels for Law Students only. The Response: We have asked the University locksmiths to see whether the door frames on our 42 closed carrels can receive locks and what the lock installation cost per carrel would be. Assuming a favorable response, we are including in our forthcoming Law Library questionnaire an effort to determine how 750 law students would want to see 42 locked carrels allocated. There are certainly lots of possibilites for using these scarce resources: first come-first served, two or three sharing each carrel according to a schedule they work out themselves, reservation preference going to law students writing seminar papers,and so on. The Suggestion: Refusing to let noisy undergrads in without a pass. The Response: The UB administration sees UB as an open campus; restricted library access at publicly funded universities is a problematical concept and is generally unacceptable to our University administration. Besides what might be called political considerations, some practical considerations include the cost of trying to administer a pass system fairly. Just imagine how law students would react if they were required to obtain a pass in order to enter the Lockwood Library or the Health Sciences Library. However, during the Law examination period we have reached an agreement with the UB administration which allows us to limit access to the Law Library to two categories of library users: (1) law students, and (2) people who need to use materials housed in the Law Library. This recently adopted policy is enforced only on a voluntary basis, however. Noisy library users, whether they are undergrads, law students, or others create a completely unacceptable study atmosphere. Unfortunately, the worst noisetends to occur in the evenings when no permanent staff is on duty and the six floors of the Law Library are in the care of only two students at the Circulation Desk. If we had the funding to hire a "guard" to patrol the upper floors in the evening, I'm sure that the situation would improve. When we receive this year's SBA The two separate Bar Review companies agreed to cut their prices almost in half with the stipulation that one hundred candidates sign on. Kevin and Pamela will be able to use student assistance in setting up a counterproposal and recruiting new members of the Co-op. SASU is the Student Association of the State University of N.Y. and has been a major factor in keeping tuition rates down since 1970. Like any other public benefactor it must contend with the apathy of the people it serves. A case has been made that the law school already benefits from SASU and therefore should not bother contributing. The S.B.A. has decided to ask the student body to decide the issue in a general referendum to be held Wednesday, November 8 and Thursday, November 9. Specifically, the referendum will state, "Should SUNY Buffalo School of Law fund SASU at $2.00 per student per semester which will be added to the student mandatory fee and be voted upon every three years?" The S.B.A. will provide information to all students on the pros and cons of becoming SASU members. After a year of work by Kimi King, Martin Coleman and the present S.B.A. Executive Board the law school was able to gain a single year seat on the Faculty Student Association Board of Directors. Derek LaMarche, undergrad SA president, graciously appointed Jonathan Johnsen (2nd year law) to fill an under- from page 1 grad seat with full Board voting rights. The law school became serious about acquiring a seat after last year's work on the Grape Boycott and Anti-Styrofoam sub-committees proved the importance of student involvement. FSA is the multimillion dollar, not-for-profit corporation that runs food service, the campus laundry, catering, vending, and a multitude of student services at SUNYAB. Marc Hirshfield, Ist year class director, will be working with Jonathan on obtaining a permanent voting seat as well as reporting FSA issues to the law school. Until a few years ago S.B.A. did have a non-Board, FSA assembly seat, but lost it to the Graduate Student Assoc, through inactivity. The final project supported by the new S.B.A. is the Loan Repayment Assistance Program which is designed to give UB Law graduates working in public interest fields help in paying back their student loans. This program is long overdue at a school that touts itself as public interest oriented. S.B.A. feels that it is a shame that SUNY's only law school does not provide some type of post-graduate financial incentive for public interest work and relies upon the students to organize the repayment assistance program. All students are urged to attend S.B.A. meetings and to inform their respective class directors of all pertinent issues and projects. budget, we will be able to tell whether we can afford a guard without impairing other essential services such as evening reference service, maintaining library hours, maintaining existing A-V services, labeling new books, and so forth. The Suggestion: Easier access to reference librarians. Maybe have more than one on duty per hour. It is often difficult to receive help when librarians are working with other people, and several patrons are in line ahead of me. I usually give up, which is not a very beneficial experience. The Response: We are painfully aware of your concern and are working on ways to address it without impairing other reference services, such as offering LEXIS and WESTLAW refreshers, providing reference service in our Documents Department, and keeping up with other library responsibilities such as selecting new materials for the book collection. We are analyzing our reference statistics to determine the predictably busy times when we should schedule a second librarian at thedesk. We are also developing an "on-call" system so that the refer- ence librarian can call for reinforcements when several people are in line at the desk. We also plan to do a better job of staffing the reference desk when the regular reference librarian needs to participate in staff meetings. We hope you will soon see improvement as these three measures go into effect. The Suggestion: An on-campus telephone for student use. The Response: The University telecommunications office will install a campusonly phone wherever one is desired and there is a department able to pay for it. The charges include $400 to obtain the number, $45 per hour for installation labor, and a monthly cost of $29. Right now, theLaw Library's highest priority for telephone lines is installation of three more lines so that we can carry out our commitment to establish a four-terminal WESTLAW lab. We have passed your suggestion along to the Law School in hopes that a campus phone could be installed in the student mail room or included in the plans for the Law Student Center in the basement of O'Brian Hall. MOVIE REVIEW Pacino Surfaces in Sea ofLove Sea ofLove, the romantic ballad by Phil Phillips, is also the name of a new film starring Al Pacino, Ellen Barkin, and John Goodman, and directed by Harold Becker. It is the story of two New York City cops (Pacino and Goodman) who team up to find the psycho-killer of three men who had all placed poetic ads in a local "Personals" column. A tough-talking woman with a penchant for tight clothes (Barkin) becomes their prime suspect. Things get complicated when Pacino falls in love with Barkin, thereby providing the film with its suspenseful edge, namely, is Barkin thekiller and, if so, will Pacino become her next victim? opportunity to explore the desperation and pathos of the dating scene in New York (and elsewhere) that relies on cleverly worded ads in the Personals. As modern dating gets more technological personals, phone party lines, video services it becomes more alienated, more isolated. Sea of Love could have examined how modern dating affects modern singles; unfortunately, it only skims the surface. Another problem with the film is that with two intense, charismatic actors like Pacino and Barkin, one would at least expect some hot 'n heavy romancing, but alas, the water starts to boil only to get turned off before it steams. Anybody looking for a really erotic film will be disappointed by Sea of Love. Much better to by Michael D. Gurwitz rent a copy of The Unbearable Lightness Features Editor of Being and hang out at home. Overall, I'd give this movie a B (Q?). As far as suspense thrillers go, Sea of Love is pretty good. Pacino gives a solid Despite its superficiality, Sea ofLovedoes performance, though it doesn't come deliver in suspense, and there is a twist close to his intense, over-the-top Scarwhich saves the film from becoming just face. Barkin is well cast as the sexy another piece of Hollywood crap. I mystery woman. She comes across as wouldn't rush out to see it, but if you've having both an emotionally dark side, and gone to everything else and you still want a menacing physical presence. As to see a film and not feel like you've Pacino's buddy-cop, Goodman fills the thrown out your money, then Sea ofLove role well. Aside from getting some of the is a completely acceptable piece of enterfilm's best lines, Goodman is a naturally tainment. And if personal experience is likeable character, as any fan of T.V.s any indication, you'll probably walk out Roseanne can testify. humming the title song and wondering The problem with Sea of Love is that where you can get hold of a copy. (Sea it's quite the surface film: what you see of Love is rated R and contains violence is what you get. The filmmakers had the and nudity). October 25,1989 The Opinion — — 9 �COMMENTARY CDO Fails To Reveal The True Art of Interviewing This is an expose designed to descend down into the bowels of the thorny problem of job interviewing. We will address problems never dealt with by CDO. This first issue what you should wear to the interview. — We all know what the conventional view is on this issue. But here are a few novel ideasthat have worked well for me. When I'm interviewing with a really big firm that I know has high expectations, I dress up in a mechanic's monkey suit and cover myself from head to toe with grease. I bolt into the interview with a carburetor in my hand and explain that I'm late because I had car trouble on my way to the interview and I had to overhaul the engine unexpectedly. This showed the interviewer that I am versatile, knowledgeable and effective in 'crisis management.' A word of warning is in order here. by Gary B. Ketchum Do not assume that the interviewer is abundantly endowed with a sense of humor. Once I charged into the interview, as described above, carburetor in hand, and blurted out, "I think I was able to fix your car." The interviewer stormed out of the room before I could tell her I was just joking. Of course there's no sense talking about second interviews when you blow-off the first one. Just go into the interview with the greased-up monkey suit and the carburetor, and don't try to be funny. Don't Be Confrontational Some techniques simply don't work. I know. I learned the hard way. Hopefully you can learn from my mistakes. DO NOT CHALLENGE THE RECRUITER TO AN ARMWRESTLING MATCH in order to prove your adversarial prowess. I used to regularly incorporate this technique into the interview in my early days. Usually I'd insert the proposition in a very subtle way so the interviewer never knew what happened. For example, when the interviewer pointed out some of the weaknesses in my resume I'd come back with something gossamer like, "OK, if you're so smart let's see if you can beat me armwrestling." The next thing you know, we're stretched out across the table, embroiled in a winner-take-all skirmish for the job. There are very serious drawbacks to this approach. First of all, invariably there is no neutral judge present who can certify the winner. On several occasions I know, for a fact, that I had won, that I had taken the interviewer's hand all the way to the table.But she simply denied it and I was robbed of the victory. The better approach is simply to challenge them to a game of Monopoly. This way, when you win, it will demonstrate your ability to make moneyfor the firm (just make sure you're the banker). Etiquette The next piece of advice is a bit unpleasant but it needs to be said. Do not 'cut wind' in the interview. This may seem terribly obvious to most of you but there is a small band of logical positivists out there who subscribe to the view that this is permissible so long as you don't make any noise. A cursory examination of this argument will reveal the flaws in the reasoning. In the first place you never know, in advance, if it will make any noise. Furthermore, such reasoning presupposes that the interviewer suffers from some sort of olfactory disability, even if no sound accompanies the tortious act. Trust me on this one. It's not worth it. You've come this far, so why throw your whole career away just because of one incontinent moment in an interview? It's better to take every conceivable precaution against this possibility. Some of the most widely circulated magazines advertise products that can help squelch this problem. Two magazines in particular, "Sorcery, LTD" and "Heresy Unlimited" advertise a product known as the "Tourniquet Kit." It's not a comfortable contraption, but it works. It's worn under the clothing, so The Opinion October25,1989 10 the interviewer need never know you're using it. It is also available in the "Dual Purpose Model" to address the belching problem as well. Medical experts do advise against its use, but you know what alarmists they are. Trust me, this baby works. One persevering job applicant used to bring ducks to all of his interviews. According to him, this approach served a multitude of purposes. It masked the olfactory component of the problem, while at the same time providing a scapegoat for the noise element of the problem. I've tried this approach, and with considerable success. In fact, on several occasions it served a third purpose as well. The interviewer was so distracted by the ducks that she never noticed the encrusted food stains on my tie from several weeks earlier. Furthermore, if you're ever in one of those situations where the conversation runs dry, the ducks tend to keep things moving right along at a reasonable pace. In each of those cases which I've mentioned I got a call-back for a second interview (although I must say that I thought it was rather inappropriate for them to conduct the interviews at the Buffalo Psychiatric Center). In any event, if it works for you, go for it. 'Nough said. Overcoming the Language Barrier Don't be afraid to throw out a few Latinate legal terms in the course of the interview. Most applicants either never think of using this device or are timid about employing it. It works. For example, whenever I'm asked what the 'Q' grade means, in normal academic parlance, I plead res ipsa loquitur. As you may recall, this raises the ipso facto rebuttable presumption of the law school's negligence, and shifts the burden to them for an exculpatory explanation, since they are in exclusive control of that instrumentality. When ever an interviewer asks me why I've had 15 jobs in the last 20 years I respond with: "Nobiliores et benigniores praesumptiones in dubilissunt praeferendae," which means: "In cases of doubt, the more generous and more benign presumptions are to be preferred" (Black's Law Dictionary at 944, A civil-law maxim). Once I was asked by an interviewer, "Isn't that a seven day old food stain running down the front of your jacket?" My response was swift and authoritative, "Nolo contendere." Although this is similar to a guilty plea, it means thatthis adjudication can't be used against me in the second interview or in subsequent interviews with other firms. The interviewer was impressed with my fluency in Latin and my ability to think on my feet. She obviously knew the legal significance of my astute maneuver. While it is true that I did not get a call-back for a second interview in that instance, I'm convinced that the reason for this is that I had neglected to tie one of my shoelaces prior to the interview. The interviewer apparently felt that this represented an irrebuttable presumption of carelessness on my part. There's a lesson to be learned here. Use lots of Latin in the interview, and whatever you do, make sure your shoelaces are tied. A word to the wise should be sufficient. 'Nough said. Do Your Homework Make sure that when you research the background of the firm, you also research the individual whom you are scheduled to meet with. There are two important reasons for this. The first, has to do with the strength you present in the interview when you are fully prepared. For example, in one particular interview, while I was being raked over the coals about a weakness in my background, I made full use of my research material on the interviewer. Remaining calm, I leaned my chair back against the wall, kicked myfeet up on the table and pulled out the 'rap sheet' I had on the interviewer. With the authority of a seasoned DA I pressed the interviewer against the wood as I launched into my counter-interrogation with: "Ms. Jones, isn't it a fact that in the third grade you were excessively tardy for school, and isn't it a fact that in that same year you received two low conduct marks on your report card?" This decisive rebuttal had the effect of putting me back on top in the interview. The interviewer not only respected my preparedness; she envied my style and facility. She was impressed with the deftness of my quick drawwith the ad hominem, a tactic which has immense value in litigation when trying to melt down a hostile witness for impeachment purposes. Needless to say, I got the job but I ended up turning it down because I didn't like the idea of working for an organization called, "The Charles Manson Liberation Front." Which brings me to the second reason for doing exhaustive research prior to the interview. Know who you're dealing with before you walk into the interview. I will relate a personal experience which is illustrative. I once went through seven call-back interviews with an outfit before I realized that the interviewer wasn't a recruiter for a prestigious law firm, but was, instead, a foreign subversive, sent here as a spy to gather information on this law school's testing and grading policy, for use in his own country in an oppressive campaign to crack down on intellectual troublemakers. Why they thought I was privy to such classified and highly sensitive information I don't know, but I can see how the information could do some damage if it fell into the wrong hands. Of course, if I had done my homework I would have known from the outset what was going on. The outfit's portfolio at CDO clearly stated that the firm was actively engaged in hooliganism and that they were looking for disgruntled reactionaries for a part-time position as inter- rogatees. Why they thought I was a disgruntled reactionary I'll never know. But if I had been armed with this information at the beginning, I would have foreseen the possibility that the sixth and seventh interviews were going to entail the rack and screw approach to the inquisitorial process. I can't overemphasize the importance of this advice. One unwitting student attended a blind interview and was never heard from again. A search of the CDO records indicatedthat hehad applied for a legal position with a firm that specialized in missing persons work. If he had done his homework he would have realized that the ambiguity in the language, was an ill-omen as to which side of that issue the firm represented. Forewarned is forearmed. 'Nough said. I've tried to survey some of the most pressing problems that confront law students in their pursuit of the great American dream law firm. Unfortunately, I will be unavailable for counseling this semester, but I encourage everyone to buy my soon-to-be-released book, entitled: "None Dare Call It Reason" (I am considering an alternative title, "/ Dare You To Call This Reasonable"). This book will make a fine companion to my earlier book, "Transcending the 'Reasonable Person' Model," which was an excursion across the glacier of law school academia. The central theme of my new book is a simple one: Head hunting doesn't have to be a cannibalistic affair as long as you have the good sense to get out of the kitchen when you see that the natives are acting famished. I hope these inside pointers will be of some help to you in the future, and Happy Hunting. '... More From The Opinion Mailbox What Do Liberals Really Accomplish? To the Editor, I often wonder if people have their priorities straight at SUNY Buffalo Law School. During the one and a half years I have been at this law school I have witnessed, read, or heard about numerous student or faculty-led protests concerning issues such as the the Judge Advocate Group, the FBI, grape growing in California, Judge Rehnquist, Crawdaddy's Restaurant, and animal rights. Not one of these student or faculty-led protests has done anything to change the status quo. The Judge Advocate Group's and the FBl's hiring policies have not changed one iota since the protests began. Grapes grown with the aid of allegedly harmful herbicides still exist in California. Judge Rehnquist is still on the bench. Crawdaddy's Restaurant is currently conducting a thriving business down by the Buffalo Waterfront. And there has been absolutely no change in the way animals are being treated in the world at large. Given this track record, there also seems to be no reason to believe that stepped-up university-wide protests in the above areas will accomplish much in the future. In fact, it seems that these protests, however well-intentioned, have actually done more harm than good. It is no secret that this Law School's nationwide rankings have plummeted from Seventeenth to approximately Thirty-Ninth during the last couple years. And I think it is fair to say that the Leftist image that this school has can be credited with the blame for part of that decline. Virtually every lawyer I talked with while I was working at the Erie County District Attorney's Office criticized the Left-leaning ideology prevalent at this Law School. I question the value of these protests even more when I look to the so-called "merits" of some of these issues. In particular, it is hard for me to see the "merit" in barricading doors, banging on pots and pans and screaming slogans at a handful of FBI Agents every time they come to this University in order to give a recruitment speech. This behavior serves only to burden students who truly wish to become members of the FBI. The protester's points can be made without resorting to such barefaced, raw tactics of intimidation. I also question the "merit" behind protesting Crawdaddy's restaurant. Not once didI see or hear any documentation supporting the alleged charges of racism at Crawdaddy's. Given this lack of documentation, I see no value in trying to destroy or tarnish the reputation of one of the restaurants being counted upon to help restore economic vitality to downtown Buffalo. But what really makes me wonder about these protests is the way they are treated as priority issues at this school. I hear all about how "outrageous" it is that President Sample allows the FBI to come and try to recruit students here but I never hear or see any protests about the atrocities committed in China, the horrible treatment of the people of Eastern Europe, the butchery committed by the Soviet Union in Afghanistan, starvation in Ethiopia, or the greedy, murderous exploits of the drug kingpins in Columbia. Yes, I do recognize thatthere was a recent protest regarding events in China on this campus but it is true thatthat protest was not originated by any law students. I also recognize thatIsabel Marcus,a lawfaculty member, to her credit described her horrifying experiences in China on a local newscast earlierthis year. However, such protests regarding the above issues are relatively rare on this campus. Furthermore, I don't even hear or see any protests about issues that ought to be of local university concern, e.g.,the parking problem and the lack of trees or greenery on this campus. Is the plight of the grape growers in California (by the way I have also seen no documentation on this issue) really more significant than the plight of the people in China, Poland, Ethiopia, or Columbia? Should we really be spending our time protesting the JAG Corps, the FBI, and Crawdaddy's Restaurant when we could spend it on other issues of local concern where we might have more chances of success? I think not. Christopher D. Porter Second Year Law Student Federalist Society Treasurer �Greenhouse Effect Program Highlights BELS Semester The Buffalo Environmental Law Society (BELS) is joining with the UB Recyclers, Environmental Studies Group, Conserve UB and Campus Ministries in an ambitious project to inform the entire campus of the dangers posed by C02 emissions. The Union of Concerned Scientists has declared November 6-12 to be National Week of Education About the Greenhouse Effect and Global Warming, and the BELS/ Recyclers coalition is formulating a plan of action to coincide with over 200 campuses nationwide. by Jim Monroe Staff Writer Monday, November 6kicks off the week with an Amherst campus procession beginning in Founders Plaza and featuring Charlie Keil's percussion ensemble and a monsterous barbell depicting the 20 ton average yearly, single person contribution to carbon dioxide emissions. Simultaneously, the parade will provide leaflets with pertinent information. Throughout the week posters created by artists from the UB Art department and Maple Elementary School East will be plastered from one end of the campus to the other. A Tom Toles environmental cartoon exhibit will be shown in Capen lobby and Conserve UB will issue a report quantifying the University's yearly damage in C02 emissions. Walter Simpson's (Conserve UB) booklet, Greenhouse Blues; "Energy Choices & Global Warming" will be published and distributed the week before the event in order to prepare participants for the forthcoming dialogue. Tuesday, November 7, Lou Gold will be speaking at 7:30 p.m. in Woldman Theater in Norton Hall. Mr. Gold has been called the new Johnny Appleseed and will present an inspiring slide show about conserving the ancient genetic resource in the Siskiyou Mountains in the face of a gluttonous timber industry and a faltering federal administration. Wednesday, November 8 from 3:00- . Civil Rights -decision gave new hope to the cause of civil rights in America, it was unsure of itself and wavered a bit. Although it gave us insight into the thought that "separate by equal" was inherently unequal, Professor Freeman cautions the celebrated attitude the Brown decision evoked, stating it served only to cloud the entire issue of anti-discrimination. The language in the Brown opinion conveys this sentiment: "We conclude that in the field of public education the doctrine of separate but equal has no place. Separate facilities are inherently unequal." While this opinion does not truly offer any real solution to the larger substantive problem of race relations in the United States, it indecisively moves towards an attempted solution. The questions raised but unanswered in the "Era of Uncertainty" soon gave way to the "Era of Contradictions" from 1964 to 1974. Professor Freeman classifies this period as leaving "desegregated schools from page 1 while leaving the victims in the same status as before." The "Era ofRationalization," from 1974 to 1984, began with the courts refusal to extend desegregation in a Detroit suburb in Miliken v. Bradley. Professor Freeman sees this period as "typical of the perpetrator perspective," in that remedies to civil rights problems, especially affirmative action, preserved "an illusion of substantial progress while avoiding latent contradictions." This brings us to date, well into the "Era of Denial" commencing in 1984, where "affirmative action remedies have become just as suspect as the racism they were originally invoked to combat." From 1984, there has been a progressively growing interest with reverse discrimination, the effects of which are yet to be seen. Professor Freeman's article is edited by Kairys and will be available sometime next year. 5:00 p.m. in WoldmanTheater professors Charles Ebert (Geography), Les Milbrath (Political Science), Paul Reitan (Geology), and Fred Snell (Biophysics) will participate in a panel discussion on energy choices in the face of global warming. State Senator John Sheffer will give a keynote address, his schedule permitting. Planned for the end of the week are visits by the utilities companies to set up their home energy conservation displays and a Campus Ministries presentation concerning the spiritual crises associated with spoiling the planet. Industrialists like to insinuate that controversy exists within the scientific community as to the possibility of a Greenhouse Effect. In fact, a Greenhouse Effect is exactly what keeps this planet habitable. The problem with C02 emissions is that they increase the thickness of the blanket already protecting us while causing no reduction in the amount of heat entering from the sun. The scientific controversy actually revolves around the exact effects of our polluting behavior. Optimists claim there is a good possibility that a combination of oceanic absorption of C0 2 gases and increased cloud cover caused by a slight warming will temper the negative effects and keep most of the planet safe and livable. Pessimists and pragmatists see the projected 9 degree Farhenheit increase in average yearly temperature over the next 25-50 years as both devastating and irreversible. To these people the only solution lies in an immediate global lifestyle change that should begin in the U.S. simply because here, 3% of the world's population contributes 25% of the emissions. Further, the clear cutting of the tropical rainforests all over the world by the Japanese, McDonald's, Burger King, and the pulp industry must immediately cease. These giant green forests are the lungs of the planet, breathing C0 2 and emitting oxygen. The panel discussion offered by the coalition on November 8will assess some of the damage and offer ways in which society can remain mobile, warm, and smoothly functioning while limiting the irreversible problems created by the "use of the atmosphere as a sewer." To get involved or for further information contact Jim Monroe or Jennifer Latham. . Pro Bono with for mandatory pro bono work requirement for lawyers by the fact that our society has evolved in a way that makes access to legal services increasingly crucial to handling the emergencies which routinely beset poor persons. The poor live in circumstances in which they need legal services more, but financially cannot obtain them. A recent "New York Legal Needs Study" indicatesthat 58% of the low-income households in New York had at least one civil legal problem in the past year for which they had no legal assistance. Typically, their needs for legal services dealwith access to theessentials of life: shelter, minimum levels of income and entitlements, unemployment compensation, disability allowances, child from page 3 support, education, matrimonial relief and health care. The ability of the poor to assert claims relative to the above categories has been gravely impaired by their lack of access to legal services. Faculty Report from page 1 orientation, are unrelated to performance and provide no basis for judgment." It was not clear what effect, if any, the resolution would have on employer recruiting practices at the university, nor was it clear whether the resolution constituted an endorsement of the Law Faculty's suspended policy prohibiting the use ofC.D.O.facilities by employers which discriminate against homosexual students. New York Bar Review Course Summer 1989 Enrollments 4,000+ 12,000 fflswrm Pieper BAR REVIEW gsjr \S\J I** »«?» Again this summer, BAR/BRI prepared more law school graduates than did all other bar review courses combined. BAR REVIEW New York's Largest and Most Successful Bar Review Course © «89barbri October 25,1989 The Opinion 11 �1989 FALL SEMESTER DISCOUNT WHEN YOU REGISTER EARLY FOR BAR/BRI'S NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, NEW HAMPSHIRE, MAINE, VERMONT OR RHODE ISLAND BAR REVIEW. A $50 REGISTRATION FEE SECURES THE CURRENT DISCOUNT TUITION OF $995 IN NEW YORK, $845 IN NEW ENGLAND AND $745 IN NEW JERSEY. BAR REVIEW THE BAR REVIEW THAT CARES ABOUT YOU.™ ™ SAWs?sois M <> N -> NOV.I ST E 415 SEVENTH AVENUE, SUITE 62 NEW YORK, N.Y. 10001 (212)594-3696 (201)623-3363 (516)542-1030 (914)684-0807 FAX: (212) 643-9460 20 PARK PLAZA, SUITE 930 BOSTON, MASS. 02116 (617)437-1171 (203)724-3910 FAX: (617) 437-0698 © 1989BAR/BRI 12 The Opinion October 25,1989 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-10-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/25/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/edf3298a3ba8a1dda5b9e87ea2d75f50.pdf f4b5c1ce434163ddf9aafe6c51839de3 PDF Text Text 'Town Meeting' Examines Church and State Issues The tendency was to keep church and state separate, as three ad hoc committees considered several of the more problematic areas of the constitutional doctrine, "The Separation of Church and State." Three issues were presented to a sparse body politic at Wednesday evening's 'Town Meeting,' (10/25), and each student then selected the issue with which s/he was most concerned, in order to work within a smaller committee to draft resolutions for a vote by the full plenum. by Gary B. Ketchum Staff Writer Professor GeorgeKannar presented the issue of "Religious Clubs and the Use of School Property." Kannar cited the Equal Access Act which permitted religious group meetings on school campuses during non-instructional time, if the school already had such religious groups on campus. The latter condition may have been evidence of the second major concern: Where do you draw the line on the number and variety of religious-groups to be admitted to school campuses, if you draw such a line at all? At what point is it disruptive to the function of generalized education? At what point is it inappropriate in a secular academic institution? At what point doesthe school impermissibly foster a particular religion or facilitate a religious group's membership drive in Volume 30, No. 7 violation of the Establishment Clause. At what point has a school unconstitutionally excluded a religious group? The issue of "Abortion and Religion" was presented by Professor Lucinda Finley, and the conflict frequently hinged on the nebulous distinction between secular morality and religious ideology. Finley. suggested that the issue, as it has developed, tends to focus on the issue of whether government regulation is a religious or moral issue. Finley pointed out that many diverse religions share the antiabortion perspective, and this common ground tends to nullify the notionthat one religion is being granted deference over another by the government. On the other hand, Finley said, many other segments of those same religious denominations have taken a pro-abortion stand, thus causing further confusion as to whether it can accurately be said that the abortion issue is predominently a religious issue. The third topic presented pertained to "Drugs and Religion," and those issues were presented by Professor Jeffrey Blum. Again the issue tended to focus sharply on the need to distinguish between secular morality and religious principles and traditions which, it is argued, ought to be free from government encroachment where the activity in question is not demonstrably harmful to the general public. Blum pointed to several religious groups of long standing that partake. as part of their tradition, in the ingestion or smoking of certain psychoactive vegetation in a ritual similar to the taking of sacraments in some Christian practices. The task, according to Blum, was to flesh out the distinctions between government regulation based on legitimate concerns for health and safety versus government as regulation "disguised secular moralism" while, in fact, being prompted by "neo-puritan" religious dogma. The resolutions drafted presented (approximately) the following positions. With regard to religious clubs on school property, the resolution provided for open access after school hours, with no admittance during school hours. The group cut a distinction between 'school related' groups as opposed to groups voluntarily formed by the students for any purpose. The limited access resolution pertains only to the latter groups. The Abortion and Religion Group was deadlocked on the issue of whether the resolution should presume either that the controversy is inherently a religious conflict or, on the other hand, that it is inherently a secular moral question. A vote by the plenum decided that the issue had indelible religious overtones. The resolution held that the abortion decison ought to rest on the moral determinations of each individual according to her own discernment, and ought not to be en- croached upon by a government prompted by religious fervour. The resolution of the "Drugs and Religion" group capped the evening's events with a pair of statements declaring the sanctity of religious practices which do not conform to conventional notions of religiosity. The first statement urged tolerance from secular and religious quarters, and conveyed the conviction that the controversy emanated primarily from religious intolerance rather than from secular moralism. The second statement promulgated a test which the government ought to be required to meet in order to illuminate the actual bases for any encroaching regulations. The test essentially requires the government to articulate the public interest which it purports to serve, and it requires the government to demonstrate the plausible existence of a 'harm' which it allegedly seeks to avert. The third prong of the test requires the government to employ the least violative, effective means for achieving its regulations where it is delving into the sanctuary of legitimate religious practices. The "Town Meeting" wasfunded by the New York State Committee for the Bicentennial of the U.S. Constitution. A public report on the resolutions will be published, and drafts will be presented in Albany. THEOPINION STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 8, 1989 Arthur Helton Attacks U.S. Immigration Policy On Tuesday, October 24th Arthur Helton alerted our school to the deceptive and immoral practices of present U.S. immigration policy. He spoke as the guest of the Graduate Group on Human Rights Law & Policy at a brown bag lunch in the sth floor faculty lounge. Mr. Helton is currently the director of the Political Asylum Project of the Lawyer's Committee on Human Rights and a past graduate of N.Y.U. Law School. by James Monroe Arthur Helton International standards of refugee treatment began after WWI and the formation of the League of Nations which broadly defined refugees as migration in the aftermath of natural and manmade crises. In 1951, the U.N. convened to deal with the massive displacement of people (15 million worldwide) in the wake of WW2. The U.S. declined to become a party to thisU.N. Convention of the Status of Refugees. In 1967 the U.S. joined as a party, the U.N. Protocol on the Status of Refugees and the USSR declined to become a party to the protocol, although recently, the USSR announced that it would reconsider. The U.N. also passed the Refugee Act of 1980 which merely incorporates "a person who flees disorder, strife, or has a well-founded fear of persecution" into the pre-existing definition ofrefugee. The U.S. ostensibly joined this Act but since Congress has refused to sign it into law, the U.S. does not feel bound to determine status based upon this definition. The international order implied by the 1980 Act and other recent international orders continually are pared down from their original meaning and intentto allow sovereign governments to continue minimalist approaches to refugee status. The U.N.s inability to overcome traditional sovereign prerogatives continually plays in the hands of ideologues in all countries. In the U.S. this means narrow construction of the term "fear of persecution" in relation to Haitian, Guatemalan, and El Salvadoran refugees and broad construction in relation to mainland Chinese students. Even though a definition has been agreed upon, enforcement of the nonexistent obligation to admit refugees is, of course, impossible. This lack of obligation to admit is the result of the inability of the U.N. to agree on international standards for determining status. Arthur Helton alleged that, "Since the U.S. immigration bureaucracy determines status, it allocates refugee protection along ideological lines even though we have accepted the U.N. definition. These status allotments are purely reflective of administration foreign policy biases as is evidenced by increased acceptance of refugees from communist Ethiopia, Nicaragua, Cuba, and traditionally high percentages from Eastern Europe and the Soviet Union. "At the same time we are turning away and detaining Haitian, Guatemalan, El Salvadoran, and other refugees from noncommunist countries." Presently, 50-80% of applicants for asylum in the U.S. from communist bloc countries are accepted while less than i5% of applicants in the U.S. from Haiti are accepted. This disparity is in seeming discordance with federal law which states that all applicants for asylum that are physically present in the U.S. are to be afforded equal footing for purposes of acceptance. Western nations are concerned with reducing the influx of third world peoples and use a variety of techniques to slow down migration. One common deterrence is to restrict travel from country to country. This has recently been used in Europe to convince the Tamil people to stay in Sri Lanka and at the U.S.-Canadian border to deter Latin American and Asian migration. The most infamous example of thefirst world insulating itself from the peoples of the third world is the U.S. interdiction and detention of Haitians. The U.S. Coast Guard regularly violates international law by intercepting boats on the high seas and checking for passports. Based upon an obscure "Exchange of Letters" between the non-communist Haitian dictatorship and the Reagan Administration which okayed the action, the Guard has sent 20,994 out of 21,000 refugees back (continued on page 7) Plastics Rally Held Downtown The front lawn of the Old County Court House was the site for a demonstration against plastics sponsored by the Buffalo Greens and supported by Citizens Action, WNY Peace Center, Network ofLight, U.B. Recyclers, NYPIRG (Buffalo State), Buffalo Environmental Law Society, National Lawyers Guild, and Williamsville South High School Students for a Better Universe. by John B. Licata Approximately sixty people assembled to protest the proliferation of disposable plastic products in the dismal weatherthat hung like a pall over downtown Buffalo. Cindy Cox, of the Buffalo Greens, was the "host" of the rally and gave a short speech about the dangers of plastic and its nonbiodegradable personality. Cox stressed the dangers involved in producing nonbiodegradable material which represents a threat to the survival of the planet. Cox then introduced Buffalo Common Council member David Fronczak to the assemblage. Fronczak, a supporter of recycling and a proponent of anti-plastic leg- islation, noted that"the petrochemical industry wants more and more plastic produced, creating a greater need for future legislation." Fronczak asserted "Dave Rutecki and I and the Buffalo City Council are fully prepared. By January Ist, if we don't have any movement by the [Erie County] Legislature, we'll put together legislation that hopefully will be passed (continued on page II) HIGHLIGHTS Marie Mcleod — one of many unsung heros at the Law School page 3 Monroe County Public Defender speaks on pros and cons of his specialty page 5 Law students testify before mandatory pro bono committee page 14 �I Without Pieper, You Could I I I I I I I I I I I I I I I 2 Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. — PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 The Opinion November 8, 1989 I I I I I I I I I �Workshop To Examine Career Alternatives For Lawyers "There's More to Law Than Law," a career planning seminarthat will help law students expand their options outside the practice of law, will be presented by Marcia J. Boynton on Friday, November 17, starting at 4 p.m. in 106 O'Brian Hall. It will last until 7:30 p.m. The program and materials are free for law students, compliments of the UB Law Alumni Association. by Ilene Fleischmann Another seminar aimed at helping established attorneys make a change will be presented by Boynton the following morning from 8:30 a.m. to 1 p.m. in the Center for Tomorrow. For that seminar, there is a fee of $30 for Law Alumni Association members who have paid their 1989-90 dues and $40 for all others. Because Boynton's career advice is different for law students seeking their first job than for established attorneys, she has requested that students make every effort to attend the Friday, rather than the Saturday, seminar. By focusing on legal skills transferable to business and other areas, Boynton is able to help those facing their first legal job search, as well as those wishing to integrate a new law degree with an established career and those making career changes in the legal profession. Attendees will learn to develop a career plan, identify work life objectives and conduct a job search for careers in corporate settings apart from the legal department. Boynton will help attendees become familar with non-legal corporate activities that draw upon legal skills and learn to read classified ads with new understanding. Strategies for converting legal resumes and overcoming biases against attorney candidates will be discussed. How to negotiate with decision-makers to design "the perfect job" is an important component of the program. Marcia J. Boynton is an attorney who has built a career in non-legal roles. Now Director of Corporate Affairs for M-CARE, the University of Michigan's HMO, Boynton previously was employed by the BFGoodrich Company, the University of Michigan Medical Center, Blue Cross & Blue Shield of Michigan and both large care industryShe is a 1981 graduate of the University of Akron and is a member of the State Bar of Michigan. During the past several years, Boynton has been interviewing lapsed lawyers and tracking the career opportunities they havecreated for themselves outside traditional legal roles. She is a frequent speaker on career issues at law schools and bar association functions. "The days of spending an entire career with one law firm are over," she asserts. "Established attorneys and recent law graduates should plan for at least two job cchanges in the first 10 years in the work force. The ability to recognize and take advantage of unusual opportunities wherever they arise is crucial." For more information call llene Fleischmann, Director of the UB Law Alumni Association, at 636-2107. Alumni should make their checks payable to the UB Law Alumni Association and mail to: UB Law School, Alumni Office, 320 John Lord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. Students do not need to register for the Friday session. — Marc-ia Boynton and small law firms. Her professional roles have incorporated personnel management, regulatory affairs, government relations, contract administration, and operations management in the health — UNSUNG HEROS: Marie McLeod Has A Hand In Many Law School Operations Behind the scenes at UB Law are many individuals whom many of us never have any contact with and yet withoutthem the operation of theschool would be halted. It is our hope that a series of articles about these unsung heroes will put them in a This issue's well-deserved limelight. unsung hero is Marie McLeod. Among the many feats the computer programs accomplish is the turning out of statistics. For example, a final report is issued in mid-October which provides such information as the average LSAT score, undergraduate GPA and age of applicants (this by Donna Crumlish Editor-in-Chief Marie McLeod's office is tucked away in room 306, behind admissions and records. Although the office doesn't have the same physical prestigethattheotherthirdfloor administrative offices have, Ms. McLeod's importance to the Law School operations shouldn't be underestimated. Among the activities in which she has a hand: orientation, admissions, registration, final exams, the law school bookstore, room scheduling and commencement. A quick glance at the list generates the realization that these activities may very well form the backbone of law school operations. Officially, Ms. McLeod's title is "Technical Specialist". The "technical" part of her job is indicativeof thetime she spends on computers. She is instrumental in setting up and fine tuning the computer programs used in the admissions process. potential for admission. Ms. McLeod's expertise in computers also comes in to play in the registration process. She keeps a computer file of every course description and distributes it to instructors before the information is distributed to students.Instructors are able to update and change the course description as the nature of the course changes, thus eliminating the possibility that students receive out-of-date information. The Law School Bookstore on the second floorofO'Brian is probably one of Ms. McLeod's most thankless tasks. She is in charge of the bookstore and no matter what she does she says, "you can't make people happy." Marie McLeod year there were over 2,000 applicants). Computers are also used to keep tally ofan applicant's status in the admission process; information can be made instantly available to privileged individuals as to a particular applicant's status and his or her One of the biggest complaints students have about the bookstore is that cash is not accepted. There are two reasons for the checks-only policy. Thefirst is thatthe University advises against the bookstore taking cash. Second, the responsibility associated with keeping track ofthe money that would pass hands in the bookstore is too much to place on any one individual. During thefirst month of school the bookstore took in over $19,000. And although the pace quiets during the school year, it is not unusual for the bookstore to take in $3,000 a week in October and November. Ms. McLeod emphasized that she is always open for suggestions on how to improve the bookstore. Final exams are another area in which Ms. McLeod is instrumental. She is responsible for administering all the special exams. These include exams for students with special needs, studentswho are ill on exam day and studentswho have conflicts between two exams. Commencement is Ms. McLeod'sfavorite project. She assists the commencement committee and does everything the commencement committee doesn't do. One of her biggest tasks is taking care of the physical arrangements in alumni arena (i.e. ordering flowers, providing water for speakers and working on a seating plan.) Commencement rehearsal is also run by Ms. McLeod. Along with the specific tasks which she is required to perform, Ms. McLeod often acts as an answer center for students who aren'tquite sure where to turn. She enjoys the student contact and the personal dimension it adds to her job. Indeed, after meeting her, it is easy to ascertain that she is very happy with her position in the law school.Students would be wise to take advantage of her enthusiasm when they are looking for answers to questions and don't know where to turn. Interactive Video: The Next Phase of Legal Education? You are sitting in a room watching a lawyer question a client. She asks a question. You didn't quite catch what she said. You tap your keyboard and she asks the question again. You wonder why she picked that particular question. You tap your keyboard again. A description of the legal issues behind the question pops up on the screen. Suddenly it all makes sense. You are on your way to learning the Law through interactive video. Interactive video programs have been available for quite some time in the United States. Ask anyone who has ever stopped in at a video arcade. You put a quarter in a slot. Video images appear on the screen and you respond to them.This same technology has been applied to the study of Medicine and, more recently, to the study of Law. by Lenny Cooper Staff Writer The synthesis of these two disciplines started back in 1985 on the Harvard and Stanford campuses and has been on the market now for two full years. Today over one-third of the law schools and several of the larger law firms in this country utilize interactive video to teachLaw. Subjects include Negotiation, Trial Technique, Client Interviewing, and Search and Seizure programs. Video programs give students the opportunity to watch live action law-related role plays and to interact with the program. The program will ask the student questions at different intervals. Answers and explanations to questions are given. The student can control which parts of the program he wishes to view and in what order. Current interactive video combines the technology of the Laserdisk with that of a standard IBM compatible computer. The Laserdisk player provides nonsequential access to the program stored on a laserdisk. This allows the student total freedom to instantly move to any section of the program desired. The only interactive video program available on the market today is provided by the company which pioneered the effort Veralex. Veralex salesperson, Susan Yahn, said that she expected a steady growth of interactive video in the United States. A growing number of schools and law firms are availing themselves of this exciting new option for legal' study. Firms in particular like to use video as part of their continuing education programs. Schools are integrating the use of video into lectures where a professor will encourage student participation in selecting options available in the interactive program. — Future plans for interactive video programming include the provision for more and different types of options within a given program. For example, rather than watching a sequence from beginning to end, a student can choose different paths which the action will take, and the lesson Dance will be tailored accordingly. The UB faculty is currently investigating the possibilities of bringing interactive video to our law school. So next time you feel like catching a video, you just might be checking out Civil Procedure. The Nujftt Away with Outer Circle Orchestra Friday, November 18 at — 9:00 tit ? Nietzche's, in Attentown Troceeds to Senefit %pmttfi (jomez Memorial fund Sponsored by: The S.B.A. Kenneth Gomez Memorial Fund Committee, Black Law Student Association; Latin American Law Students Association The National Lawyers Guild November 8, 1989 The Opinion 3 �Battles For Reproductive Freedom Rage Throughout Country The issue of a woman's right to a safe and legal abortion has quickly become the single issue on the American political scene, losing newspaper headlines only to natural disasters. In July of 1989 Webster v. Reproductive Health was decided. In that case, the U.S. Supreme Court, in an opinion authored by Justice William Rehnquist upheld thee constitutionality of publicly funded abortion services and required doctors to test for fetal viability of a fetus at 20 weeks. Webster is regarded by many as the case which has enabled the Supreme Court to crack the foundation of Roe. The justices of the Supreme Court could accept this Turncock invitation to hold the Roe trimester approach as unworkable. In April 1989,the justices were explicitly asked to overrule Roe. In the Webster opinion, four justices appeared ready to throw out the trimester analysis, which in the end,was saved by Justice O'Connor's decision that Webster was not the case in which to address the trimester issue. Turncock may be that case. One Justice, Stevens, a resident of Illinois and former judge of the 7th Circuit in Chicago, has recused himself from the case. Eight Justices will hear the oralarguments, and it would appear that Turncock may tempt O'Connor into addressing the trimester approach an approach that Rehnquist, Scalia and Kennedy seem all too eager to dispense. However, the Justices could avoid the issue because of the posture of the case. The 7th U.S. Circuit Court of Appeals preliminarily enjoined the Illinois licensing law, so the Justices may decide there is no final judgment before them. The High Court has reserved that decision, however, until after oral argument on the merits. Some feel this case may settle soon, and therefore never reach oral argument before the Supreme Court. The other two cases involve challenges to parental notice requirements for minors seeking abortions. This area is well explored by the Supreme Court. The key concern is the analysis used by the Court to decide these questions, and how it will affect future abortion challenges. Future abortion challenges are inevitable. There has been great activity on the abortion front, undeniably since Roe, but now that the Supreme Court has narrowed the scope of Roe and appears willing to accept cases which will further weaken the foundation of that decision, it has in essence extended an open invitation to abortion opponents and state by Mary C. Kane Staff Writer — Immediately after releasing this opinion, the Supreme Court announced that it would hear three abortion cases during the October term, thereby signaling its desire to rework this controversial area of constitutional law. Thee cases are Turncock v. Ragsdale, Hodgson v. Minnesota, and Ohio v. Akron Center for Reproductive Health. Unlike Webster, none of these three cases explicitly asks the court to overrule their 1973 landmark abortion decision. But Turncock, an Illinois abortion clinic case, could possibly affect the fundamental right recognized by Roe. In Turncock, the state is appealing two federal court rulings that invalidated licensing requirements which held that abortion clinics that perform first trimester abortions to standards similar to those of full care hospitals. The two lower courts found that the requirements placed a heavy and unjustifiable burden on the availability of first-trimester abortions. Turncock is threatening because it implicates the first trimester and is considered an invitation to the court to rework the Justice Blackmun's trimester approach. Roe held that the state's interest in maternal health, though valid, does not become compelling until the second trimester. legislatures to continue legislative attacks. The momentum on the political front has been shifting since July 1989. Much of the recent activity has demonstrated that the "silent pro-choice majority," alarmed by the Webster decision, is making its views better known. It also indicates that the ranks of the prochoice organizations, complacent since Roe have reawakened in preparation for Webster and its aftermath. What follows is a synopsis of some of the recent activity on the abortion front. In Septemberof 1989,the United States Court of Appeals for the Second Circuit in N.Y. National Organization for Women (N.0.W.) et al v. Randall Terry, Operation Rescue et al upheld the constitutionality of a permanent injunction which prohibited Operation Rescue participants from "trespassing, blocking, or obstructing ingress or egress from any facility at which abortions are performed in the City of New York [and surround counties]." In an opinion by Circuit Judge Cardamone, the Court of Appeals also held that the limitations placed upon Operation Rescue participants (the appellants) by the United States District Courtfor the Southern District did not interfere with their First Amendment rights to free speech: Insofar as appellants attempts to block ingress and egress to plaintiffs' clinics resulted in Operational Rescue demonstrators' physical prescence on the clinics' premises, they were trepassers without right, constitutional or otherwise, to be there. Insofar as the appellants' rights of free speech were exercised in close proximity to individual women entering or leaving the clinics so as to tortiously assault or harass them, appellants' rights ended where those womens' rights began. There is no constitutional privilege to assault or harass an individual or to invade another's personal space. Hence, the tortious interference with the constitutional rights of those entering or leaving the clinics subjects appellants' First Amendment rights to the limitations con- tamed in the injunction that is the subject of this appeal. The courts, in addition to declaring the conduct of Operation Rescue illegal, upheld the heavy civil contempt fines leveled against them for their continued disregard for and violation of various court orders since April 1988. On October 10, 1989, the U.S. Supreme Court in an 8-1 decision denied certiorari in the case of McMonagle vs. Northeast Women's Center. The Lower Court upheld a 1987 jury verdict in which 26 anti-abortion protesters were found to have violated the federal anti-racketeering law by repeatedly interferring with a Philadelphia clinic. This represented a novel application of the use of the Racketeering Infleunced and Corrupt Organizations Act (RICO; 18 U.S.C.A. 1961-68). Professor Lucinda Finley on commenting McMonagle and the media attention it received said, "It is wrong to ascribe substantive meaning to cert, denials, in this case the important factor is that, strategically speaking, there is no doubt that more RICO actions will be brought against groups of anti-abortion protesters" by plaintiffs asserting that there is a pattern of interference. Finley also stressed that RICO is an ambiguous statute which is in need of reform and that the much more important legal development is found in N.Y.N.O.W. vs. Operation Rescue stating, "Having the courts describe this conduct as illegal, paints them (the anti-abortion factions) into a corner and further erodes the mainstream support of Operation Rescue and similar groups. It will increase the sense of the general public of what the Operation Rescue goals are and that the methods they use (harassment, blockading and destruction of property) are wrong." Florida GovernorBob Martinez, a noted pro-life governor, called a special legislative session to present a package of eight yourljJ Leaves Nothing ImM ■ 4 The Opinion ■ November 8, 1989 ■ ta/fcff Nation's Number One Bar Review. 415 ** "* k *»••■ *•*«• 62. im Co-«Mw«*tlk v N.Y.. N.Y. 10*01 (212) 594-36*6 (201) 623 3363 A»«.. Bo.toa. NUu 02116 (617) 437 1171 (continued on page 13) �Underlying Reasons For Human Dominance of Animals Explored This is the second installment in a threepart series of an article which appeared in theSept./Oct. issue ofTikkun magazine. The Western move with respect to nature has been to universalize our particu- lar conception of rationality and then to project its absence onto the rest of creation. We define ourselves as instrumental rationalists, and on that basis we consider ourselves both different from and hierarchically superior to the rest of nature, entitled to use natural resources for our own instrumental ends. by Alan Freeman and Betty Mensch The most rigorous justification for arrogant instrumentalism is rooted in the Western tradition of science, particularly the Baconian view of nature as an unruly force to be dominatedand controlled. Often using imagery depicting man as the aggressive scientific inquirer and nature as a woman to be subdued and exploited. Bacon asserted that one could acquire true knowledge about some aspect of nature only by transforming it into an isolated, manipulable object of human scrutiny, something to be prodded and dissected in a strictly controlled laboratory setting. This approach stands in stark contrast to that aspect of traditional, Aristotelian science that calls for observation immersed in natural context as theway to comprehend, in its totality, the essential nature of that which is observed. The philosophical premises upon which Baconian science rests were enunciated by Descartes, with his strict dualisms of mind/matter and subject (observer)/ object (observed). Within this dualistic structure, animals are relegated to the status of mere matter. They are thereby despiritualized, leftwithoutcultures or minds of their own, without thought, intention, or feeling. Like the rest of the natural world, they are readily available for instrumental human study and exploitation. In effect, the Christian presumption that only rational creatures have souls has reappeared in the form of secular rationality. As novelist Milan Kundera sums it up: Man is master and proprietor, says Descartes.whereas the beast is merely an automaton, an animate machine, a machina animata. When an animal laments, it is not a lament; it is merely the rasp of a poorly functioning mechanism. More than three hundred yearsafterthe deaths of Descartes and Bacon, this legacy pervades the modern psychology lab, where animals, wrenched from anything resembling their natural habitats, are shocked, poked, cajoled, and otherwise "stimulated" by a variety of mechanisms, often diabolical; and students are taught never to confuse the observer and the observed by anthropomorphizing or projecting onto animals thoughts, feelings, or a social lifeof their own. The crucial premise is still that animals are to be regarded as mechanisms whose behavior, however complex, can be reduced to an aggregate of stimulus-response reactions governed by genetic codes. Violence Against Women Addressed Dr. Charles Ewing, UB Law Professor, led a workshop on violence at the Legislative Issues Conference that took place October 19th at Temple Beth Zion in Downtown Buffalo. The conference was sponsored by the Erie County Commission on the State of Women. A keynote address was given by The Honorable Shirley Chisholm, a former member of Congress from New York, and also the first black woman in New York to chair the Democratic Party. by Maria Schmit Ms. Chisholm spoke of the need for women to be activists in pushing for reform in pay equity, family leave and child care. The American labor force is comprised of 46% women; yet women are not equal with men as far as pay is concerned. Reform is also needed in the area of family leave. The United States, unlike Israel, Great Britain, and other countries, does not have a standardized national policy dealing with family leave. Many women with young children return to the work force. While in many cases it is necessary for the woman to return to work, often a great percent of that income is absorbed by child care. A child care bill is needed, whereby tax credits could be given for the expense of child care. After the keynote address there were five workshops that were held simultaneously. Among the issues addressed were the workplace, violence, health issues, housing and lobbying. Dr. Ewing, who holds both a law degree and a Ph.D. in Clinical Psychology, led the Violence workshop. Many of those attending his workshop had a wealth of information to contribute. Among the attendees were a worker from Haven House, a shelter for abused women, a social worker, a police Captain, a memberof the Erie County Citizen's Committee on Rape andAssault and others who work in the field dealing with abused women and children. Dr. Ewing himself has 15 years experience working with abused women and children. Dr. Ewing stated that at the turn of the century, under common law, a man could Use a stick to beat his wife as long as the stick was only as thick as his thumb. It was not until the 1960's that the problem of abuse was recognized. The "Battered Woman Syndrome" was not identified as a mental health problem until the early 19705. It was during this time that the media also brought the problem of child sexualabuse to the attention of the public. The abuse of women and children is an old problem that has just been identified and addressed, yet there is still a great deal of "primitive thinking" even within the mental health and legal professions. Abuse of women and abuse of children go hand in hand. Men who abuse their wives or girlfriends are likely to abuse their children. Abused women may then become abusive toward their children. Furthermore, children who are abused are likely to become abusers themselves, thus perpetuating the cycle. Dr. Ewing fears that drug abuse will cause a tremendous increase in child abuse, as well as the problem of addicted mothers bearing drug addicted children. Battered women often feel trapped into their situations, according to Dr. Ewing. Many abused women go back to their abuser because they are mentally and emotionally dependent upon him. It is when the women try to stop the abuse that worse problems often arise. If a woman calls the police during an incident of abuse and does not receive substantive help, she is less likely to call again. The police will come and possibly take the man to a holding center. In all likelihood he will be out within a day. At best a protective order will be issued by a judge, ordering the abuser to refrain from offensive conduct against the abused. There is no guarantee that the abuser will abide. In fact, because many of these women are dependent upon the men, they may ask that the charges be dropped, or a Protective Order not be issued. If they do get a Protective Order, they may never file it with the police or later rip it up. Dr. Ewing stressed that we need more legal remedies to go after abusers. The Court needs to make it easier for women to get out of abusive marriages, and court orders of protection should be easier to obtain and be more meaningful. A piece of paper by itself will not stop an abuser an enforcement agency is needed. Also, judges need to recognize that domestic violence is a real issue. Many judges are white males in their 50's and 60s. They grew up and attended law school when these issues were not addressed. This does not, however, exonerate them from handling these issues today. Hopefully, as law students enter practice they will recognize and address domestic violence issues. — The model epitomized by the psychology lab has sought to prove its rigor by aping the physical sciences. Ironically, however, the most rigorous physicists have been conceding the fallibility of two of their most treasured traditionalpresuppositions. One is the dichotomy of theory and fact, which maintains that any given explanatory hypothesis can always be objectively tested—can either be tentatively confirmed or soundly falsified by contrary evidence. As most sophisticated scientists have conceded, however, data gathering and observation are always informed and constrained by prevailing theoretical paradigms. The strict dichotomy breaks down. So too with the dualism of subject and object. Starting with quantum mechanics and Heisenberg's Uncertainty Principle, and continuing withphilosophical counterparts such as Wittgenstein's On Certainty, we have come to recognize that reality makes itself known and "objective" only through the lens of the particularly situated observer. We see, as it were, always "through a glass, darkly." Instead of detachment, there can be only context. A revisit to animal labs shows how they in fact provide a vivid example of the collapse of the observer/observed dualism. As poet, philosopher, and dog trainer Vicki Hearne points out, the presuppositions a researcher brings to the lab inevitably affect not simply the interpretation of what takes place, but also what actually happens. If a dog, who usually starts by trying to be sociable, meets with no response from the behaviorist researcher— who has been taught that animals are incapable of belief, intent, or meaning— then the dog's own capacities will be deadened and it will act as robotic as the researcher believes it to be. Since 1895, white rats have been bred specifically for laboratory use. More docilethantheirwild counterparts, displaying far less social behavior, and given no opportunity to develop skills necessaryfor life in the wild, the lab rats are, in effect, objects created expressly to meet theneeds of "scientific" observers—a peculiarly artificial starting point for understanding animal behavior. Cats, by way of contrast, are difficult to "observe" because they will sometimes refuse to perform tasks they have already learned, preferring even starvation to the degradation of compliance with human demands. This extraordinaryfact has never been analyzed by behaviorists, who have no available explanatory vocabulary. Determined to Do Science rather than really understand animals, one venerable professortold a young researcher, "Don't use cats, they'll screw up your data." Now that this rigid dichotomy separating humans from nature has started to break down, both scientists and philosophers have discovered that animals begin to look different: we perceive creatures unlike those we previously roqarded as objectified otherness. By pt, g close attention, we "discover" a new animal reality. Dramatic breakthroughs have occurred in two areas: interspecies communication and the study of animal social life as "culture." No trait has been so relentlessly universalized to privilege us in the animal kingdom as our capacity to communicate through language. Even if we don't challenge thatcriterion of superiority, we must recognize that experiments in interspecies communication have shown us that animals are capable of mastering language—despite refutations by behaviorists reminiscent of the Church's response to Galileo. When chimps and gorillas learned to use sign language, there was a rush to deny that this behavior went beyond mere "conditioned association." It is now clear, however, that apes can use symbols to represent things not present, and can generalize concepts (like the chimp Washoe, who learned to sign "open" for a door, and quickly made the same request for drawers, jars, and even faucets). Facing the loss of their monopoly on "language," recalcitrant humans retreated behindthe bastion of "syntax" to describe specifically human, and therefore privileged, linguistic capacity. While the debate goes on (apes may be hesitant in their syntactical ability; dolphins may be quite adept), itis clear thattheformer bright line between language and "nonlanguage" now eludes us: when Koko the Gorilla picks up a rubber tube and uses it as a straw for drinking while joking in signs (continued on page 12) Public Defender Offers Advice "More than half the staff of fifty at the Monroe County Public Defender's Office are graduates of Buffalo University Law School" stated Ed Nowak, Monroe County Public Defender, at a talk given Wednesday October 25, 1989 and sponsored by the Buffalo Public Interest Law Program. by Sandra Williams In addressing a small group of individuals in a socratic format, Mr. Nowak explained that his office won't be interviewing on ÜB's Campus this semester for lack of funding for new staff as well as lack of turnover of the current staff. He also explained that when a slot becomes available it usually occurs in the fall and, since graduation isn't until May, it makes it difficult to hold a position open for a recent graduate to fill. However, if by some slim chance one is employed by the County, at a starting salary of $33,000 a year, the ideal we have come to expect from a law degree quickly diminishes by the extreme stress, burnout, and long hours that go with the position. This stress and burnout tends to come from harassment by clients who think you aren't doing a good enough job for them, while the long hours are credited to the different stages of the employment. Initially, the individual is placed in the Town Court, which has night sessions. Therefore, your day begins at 9 A.M. and normally runs unti 11 P.M. at night for four days of the week. This, however, only lasts for a year. At that point, you move to City Court, where the hours are less, though the workload is the same. The upside to all this is that the Office has many training programs available to attorneys and by the time attorneys are promoted to the Non-Violent Felonies Section and then the Violent Felony Section, they are well prepared. Unlike other legal aid offices, this office has no limitation on what cases an attorney will be advocating. For those who might envision a paid summer employment with the Public Defender's Office, it is advised to set your sights elsewhere, because besides the requirement that you have to be a Monroe County resident, only one paid position is available and it is marked for a minority applicant. The Office does, however, encourage and accept volunteer workers, and is currently trying to allocate funds for more paid summer positions. Females and minorities might be encouraged to know that the Office has six minority persons and eighteen women. However, women should realize that harassment does come with the job, mainly from male clients. As Mr. Nowak pointed out, clients who "like" thefemale counsels have a tendency to call them on a whim requesting a meeting. When the attorney appears, the discussion ranges from "how are you doing," to "my girlfriend or wife is giving me problems." If anyone wishes to apply to this office, Mr. Nowak advises that in addition to applying to the County directly, a resume should also be sent to his office. Mr. Nowak stated thatthere is a division of the Public Defenders Office with limited slots. This division, the Appeals Bureau, employs individuals who are not yet admitted to the Bar. A person employed here writes briefs and argues them in front of the Appellate Division. There are currently nine positions, which will probably be reduced to six if no funding comes through this year. November 8, 1989 The Opinion 5 �New York, New Jersey, and New England Students F RMore MULTISTATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, LIVE EDate: Time: Place: SAT., NOV. 11 TH 9AM- 1 PM ROOM 106 The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 c (516) 542-1030 c (914) 684-0807 c (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 6 The Opinion November 8, 1989 �Televangelism: Exploitation Finally Has Its Price Was Jim Bakker screwed? Even among people who were never sympathetic to his predicament, this seems to be the general consensus. Certainly, if we compare his forty-five year prison sentence to the by Andrew Culbertson Managing Editor average sentence received by murderers, drug dealers, and rapists, it does seem a bit excessive. But, is it any more excessive than the quantity of garbage he spewed for a year of Sundays? Than the con job he and his fellow televangelists have peron this society? Than his wife's make-up? Probably not. Although Bakker's legal crime was fraud, he and his cohorts stand accused, at lease in these eyes, of brainwashing, as well as corrupting, a significant segment ofthis society. While I certainly find fault with televangelism in general, I must admit that the typical show is always good for a laugh or two. I mean, faith-healing? Come on, give me a break. And morality? Listening to these guys talk about morality is tanpetrated Prof. Scales-Trent Speaks On Employment Discrimination "I used to think the work of civil rights lawyers was trying to empty the ocean with a tablespoon. Now it's a teaspoon." Although Prof. Judy Scales-Trent ended on a somewhat pessimistic note, her recent discussion on Employment Discrimination enumerated the range of tools attorneys have to work with in employment discrimination cases. This was the resounding message Prof. ScalesTrent had for the group of students gathered for the October 19th lunch-time discussion sponsored by the Labor Law Society. Before discussing several employment discrimination cases recently decided by the Supreme Court, Prof. Scales-Trent briefly discussed the history and her experiences with the Equal EmCommission ployment Opportunity (EEOC), where she was employed for ten years in Washington, D.C. by Maria Germani In the early 19705, the EEOC had jurisdiction over cases pertaining only to Title 7 of the 1964 Civil Rights Act, (race, sex, religion, color and natural origin). In 1978, President Carter issued an Executive Order which reorganized the Department of Labor and allowed the EEOC to coordinate all of its Federal programs. Age discrimination, equal pay, etc. were designated to fall under the EEOC umbrella. President Carter's Executive Order was an attempt to get the Federal Government to speak with one voice instead of several voices. Presently, there are 40-50 EEOC offices across the country doing intakes. Professor Scales-Trent offered advice for future civil rights attorneys who may find themselves with an employment discrimination case on their hands. Her message: while cases are getting tougher to win, they are not impossible. Choosing the right "tools" or combinations thereof is a key strategic factor for success. To begin with, Prof. Scales-Trent noted that civil rights attorneys should steer clear of federal courts and look to state courts first for resolution. The reason she proposed this is because of the high percentage of conservative federal court judges appointed during the Reagan Administration, and the deleterious effects of their decisions. As a general rule, civil rights attorneys should try to resolve their cases at the agency level "if the courts look bad." Prof. Scales-Trent paints a picture of the most effective attorney first asking "Who is in town?" followed by "Who is giving the best results for my needs?" Private practitioners soon learn which office does the best job for them, also attending general information sessions where they share this useful information with other attorneys. Once the forum for adjudication is established, effective attorneys examinethe different tools at their disposal "depending on who (they're) going after." The example Prof. Scales-Trent provided were Title 7 cases. While Title 7 does award attorney's fees, the remedies are not very good in employment sexual discrimination cases. The employee is given her (most sexual discrimination cases under Title 7 are brought by females) job back and the employer is only told "Stop that!" Title 7 does not cover sexual orientation discrimination cases either. Increasingly, attorneys lookto state statutes for additional remedies. Almost every state has a fair employment law. Also, state constitutions give rights to their citizens. "All the statutes have weaknesses and strengths. Hunt around to see which arsenal works best for you." Prof. Scales-Trent commented, "It's good that there are statutes. A statute sets policy." For example, in Title 7 cases in Minnesota, state statutes allow remedies for mental anguish and suffering as well as punitive and treble damages. Lawyers might also research the possibility of adding a state tort claim too. Prof. Scales-Trent noted, "You use a different tool depending on who you're going after." Presently, the Labor Law Society is organizing and formulating a boycott of "union-busting law firms" recruiting law students through the Career Development Office. They are also actively participating in the Communication Workers of America strike against NYNEX, joining the picketers once a week. Anyone interested in receiving information about this strike, the United Mine Workers coal strike, or the International Association of Machinists' strike against Eastern should leave a note with Toni Delmonte, Box 645. Immigration Policy . . to their tormenters in Haiti. Judge Robert Bork dismissed a lawsuit on behalfof the refugees on the basis that the only persons with standing to sue would be refugees that had been interdicted and returned to Haiti. Refugees from Haiti that avoid interdiction and safely land in the U.S. are treated to an indeterminate detention. A 1982 lawsuit pursued successfully on behalf of thedetainees charging thatthe policy was enforced discriminately based on national origin has resulted in a policy of "injustice for all" (Helton's words). The new guidelines call for telling the detainees from each country that they have no recourse and they can be retained indefinitely. Helton observed that most people prefer taking their chances with tyrannical persecutors over life imprisonment. Helton postulated that the Reagan/Bush agenda is to deter Third World immigration on the theory that if you mistreat immigrants the word will get back to the from page 1 countries of origin thus limiting flow. Mr. Helton wrapped up his talk by mentioning that the U.N. has passed Article 31 which is a resolution maintaining that host countries (i.e. the U.S. to the Haitians) should not restrict the flow of immigrants to other countries. The U.S. does not feel compelled to follow this principle because there exists no similar federal statute. In this respect the U.S. diverges from international standards of protection. The newly formed Graduate Group on Human Rights Law and Policy generally agreed that Arthur Helton created a compelling case for increasing citizen awareness of human rights violations in theU.S. and a case to put pressure on our lawmakers to implement policies that make it illegal to send any political or social refugees back to any country where they will be subject to persecution. For further information on the group or what to do to achieve a more just policy, contact Craig Mokhiber, 3L. tamount to listening to Jimmy the Greek discuss his theories on race. Unlike the Greek, however, televangelists are taken seriously by many people (although it wouldn't surprise me if these same people did take Jimmy the Greek seriously). If there is one major flaw in the evangelistic, as well as the Fundamentalist, approach to morality (and there are certainly more than one), it's the fact that it tends to be a selective morality. The favorite target, clearly, is the homosexual, who is to the average televangelist what smog, ex-wife, andEd McMahon drinking jokes are to Johnny Carson. Like Carson's jokes, Jiowever, this is one area that has been ofcaten into the ground ad infinitum. Theattacks have become so frequent, and so rhetorical, as to suggest at least two these guys are extremely homoslobic. Second, they are using homosexuals, who are still not accepted by a majority of this society, to garnish support among their viewers. To illustrate, I have rarely, if at all, heard a televangelist condemn racism as being immoral. This really isn't surprising, however, since the constituency that televangelists cater to has a strong Aryan tradition that is less than tolerant of certain minority groups. So, although racism is certainly more immoral than homosexuality (which is arguably not immoral at all), it simply doesn't pay for Jimmy Swaggart or Jerry Falwell to attack it. Perhaps the greatest evil perpetuated by these "prophets" is their practice of manipulation by hellfire. There are many people who actually believe that hell is a real place, with fire, brimstone, and the works. As silly as this concept may seem, there are millions of people who believe it when Reverend Falwell tells them that V unless they accept Jesus Christ as their saviour, they are facing a rather hot hereafter. Of course, one need only donate twenty-five dollars to avoid such a nasty aftermath to life on this earth. When one takes a hard look at televangelists, one realizes that these guys are merely salesmen. Some salesmen sell cars, others sell vacuum cleaners, and these guys sell religion. Of course, calling what they sell "religion" is a serious misnomer, and should be offensive to anyone who practices a legitimate religion. All they are selling is membership in a meanspirited club made up of fanatics who fancy themselves "religious." If nothing else, televangelists have proven how powerful religion can be if it is exploited correctly. They have created a billion dollar industry selling the promise of eternal happiness. Atthesametime, telling people (most of whom don't know any better) that God thinks groups like homosexuals are sinners is socially irresponsible, since such an attitude actually serves to "legitimize" prejudice by enabling people to viciously attack these groups in the name of God. Of course, history ironically illustrates that more people have been attacked or killed in the name of God than in the name of anyone else, including Lucifer. Ultimately, if there is a hell, I feel sorry for these television "prophets," who live by a set of rules that no fair god would tolerate. They all may shudder to think what forty-five years in prison is like. Perhaps, instead, they should contemplate the prospect of spending an eternity in the hell they've described so graphically in manipulating their viewers. One thing is fairly certain. You don't get parole after ten years. 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 /* \1 FILM REVIEW: When the Hunter Becomes the Hunted The Bear is the story of an orphaned bear cub and his relationship with an enormous, adult male bear. The two bears become the object of a hunt, and the film is seen mostly through their eyes. Four years in the making, The Bear, directed by Jean-JacquesAnnaud(QuesfforF/re),has been breaking box office records throughout the world, and with good reason: The Bear is a spectacular film that can be enjoyed by adults as well as children. By Michael D. Gurwitz Features Editor The most important thing to remember is that The Bear is not a Disney movie. While the bear cub is cute and cuddly, the animals depicted in thefilm are neither anthropomorphosized nor candy-coated. There are scenes of violence and bloodshed (all injuries to animals were simulated), butthere are also scenes of whimsy and fascination. There's also plenty of comedy, sex, and drugs to keep "aw man, not an animal film" types happy. Anyone looking for a good and differenttime at the movies will like The Bear. In fact, it's a welcome relief from the brain-dead cop movies, romantic comedies and Roman numerals that comprise the usual fare offered to the public from the "quantity, not quality" greedheads in Hollywood. Filmed in British Columbia and the Austrian Alps, The Searcontains breathtaking scenery and gorgeous cinematography, and isa reminderof whatthe world looked like before the advent of asphalt and fastfood restaurants. Much of the film takes place without the presence of the three humanactors, but the story does not lag in 1989 8 November theirabsence. On the contrary, the various sounds and gestures made by the two bears and other assorted wildlife are, in their own way, strangely understandable. A note ofcaution is in order here: do not sit next to pinheaded adults who are unable to follow a scene that does not involve people talking to each other.Such persons tend to talk a lot, and inspire murder-filled thoughts within the minds of their adjacent filmgoers. Anyone who enjoys wildlife documentaries will groove on The Bear. The baby bear is cute, the adult bear is a 1500 pound nightmare, but both are highly intelligent and quite interesting. The director does take liberties by answering the age-old question: what do bears dream about? (the answer is very weird and very funny). The assorted dogs, horses, cougars, deer, squirrels, and frogs add to the fun and suspense, but it is the appearance of three gun-toting naked apes who provide the true tension of the film. The Bearcontains a strong anti-hunting message, but it is the result of a well-told, compelling story rather than outright lecturing. The trio of hunters are neither villified nor parodied. Viewers are left to judge their actions for themselves, but scenes juxtaposing two very live, intelligent bears with the skinned bear carcasses of the hunters' camp convey the message that it is the pursued bears, not the human hunters, whom we are to root for.As the saying goes, the real thrill is not in the killing, but in letting them live. (The Bear israted PG andcontains scenes of violence that may be too intense for younger children.) The Opinion 7 �OPINION usr S FATE UNIVERSITY OF NEW YORK Al BUFFALO SCHOOL OF LAW Volume 30, No. 7 November 8, 1989 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello Editorial Environmental Education A Must The fate of our environment is something which affects each of us directly, yet many of us choose to remain uniformed about environmental issues. It is easy to convince ourselves that many of these issues are too difficult to understand, or that our contribution will be too small to have any meaning. This week, we have the opportunity to become informed about one of the century's most pressing environmental issues. The Law School Dean's Office, the Student Bar Association, and the Buffalo Environmental Law Society are among numerous organizations sponsoring a "National Week of Education on the Greenhouse Effect and Global Warming." There are three main factors which lead to the end results commonly known as the GreenhouseEffect and Global Warming. The first factor is the build-up of gases in the atmosphere (mostly carbon dioxide, but also carbon monoxide and methane which are produced by the burning of fossil fuels (mainly gasoline). This build-up of gases has produced a layer around the earth which lets heat in but doesn't let it out. The sun's heat thus gets caught under this layer of gases, causing an effect similar to that produced in a greenhouse. The second factor is the depletion of the ozone layer, caused by the release of cloroflorocarbon's (CFC's) into the atmosphere. CFC's are released mainly by aerosol cans and the production of styrofoam. As the ozone layer becomes less substantial, more of the sun's ultraviolet rays are able to reach theearth and add to the "warming" caused by the Greenhouse Effect. The third factor is the destruction of rain forests. Because the rain forests absorb carbon dioxide, less goes into the atmosphere, thus helping to lessen the greenhouse effect rather than detracting from it. Upon learning the aforementioned facts, it becomes obvious that the inhabitants of the planet need to act quickly and as a unit to curtail these hazards. We can begin by educating ourselves further on the issues and finding out what part we can take in thee process. Begin by attending the "Dialogue on the Greenhouse Effect and Energy Choices" at 3:30 today in the Woldman Theatre in Norton Hall. We owe it to the future of our planet. Staff: Ted Baecher, Lenny Cooper, Dennis Fordham, Maria Germani, Mary Clare Kane, Gary Ketcham, Jennifer Latham, Darryl McPherson, Jim Monroe Contributors: llene Fleischmann, Alan Freeman, Ellen Gibson, Mona Igram, John B. Licata, Betty Mensch, Troy Oeschner, JaneSchmieder, Maria Schmit, Wendy Silva, Sandra Williams From The Opinion's Mailbox We All Share Responsibility For Raising of Social Issues To the Editor, I was appalled by the letter written by Mr. Chistopher Porter in the October 25, 1989 editionof the Opinion. It suprised me that someone would take the time out to critcize steps others have taken to fight for what is important to them and which may be important to the larger society. Mr. Porter criticizes both SUNY law students and faculty as supporting protests "...[that have) done nothing to change the status quo". He cites examples of such protest, including protests against "The Judge Advocate Group, the FBI, grape growing in California, Justice Rehnquist, Crawdaddy's Restaurant, and animal rights". He continues by saying that these protest have done more harm than good. Mr. Porter attributes SUNY Law School decrease in nationwiderankingto these types of protest. Mr. Porter also informs us that the "Leftist image" of SUNY Law School is critcized by the Erie County District Attorney's Office. In addition, Mr. Porter feels thatthe students and faculty should protest more important issues such as the atrocities committed in China, the treatment of people in Eastern Europe, starvation in Ethiopia, and the drug kingpins in Columbia. While I agree with Mr. Porter that these are important issues that need to be dealt with, I disagree with him that the issues that are being or have been protested by SUNY law students and faculty are not as important. I believe that we all feel that there is something so meaningful to us that we should either support or fight for it. Whether the issue is abortion, the purity of grapes, laws to end discrimination, antiapartheid, or thefeeding of hungry people in this country or elsewhere, if it is what you feel strongly about, you should support it. I believe that you are mistaken, Mr. Porter, when you say the issues protested by our peers and faculty are not important because in essence you are saying that protecting ourselves from impurities is not important; the sanctity of life, even if it is an animal's life, is not important; that fighting discrimination is not important; and that voicing our opinion to the Chief Justice of theSupreme Court is not important. While at this point it may seem to you that these protests have not effected the "status quo" and have had no effect at all, I assure you that they have. Any time you relay your ideals to someone else they have had an effect. As to seeing change, I urge you to be patient and to keep watching. As with the beginning of all protest, it may at first seem to be in vain. However, with time and commitment you will start to notice larger changes. History has taught us this: just look at the Civil rights movement, anti-apartheid and laws concerning abortion, among others, if you need proof. I am very sorry, Mr. Porter, if the liberal and "Leftist" reputation of our school embarrasses and upsets you. However, if the reputation of ÜB's Law School preceeds it as you say it does, I am sure you knewwhattypeofattitudeithadwhenyou enrolled. If not, I am sure that after a year here you knew. Yet you chose to enroll chose to come here. Maybe you would have felt better if you had decided to go to a more typical "Black Letter" law school. I have on suggestion foryou, Mr. Porter. Instead of complaining about what is being done by the students and faculty, use your time to do something about one or all of the issues you have raised. I am sure many will gain more from your actions towards these causes than through your writing opinions such as this. Trini E. Ross First Year Law Student Anti-Discrimination Committee ©Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. Tihe Opinion is funded by SBA from Student Law Fees. Student Dismayed At Lack of Latino Faculty at UB Law School The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. In 1987, only thirty-eight percent of the teachers who entered law teaching had law review experience; sixteen percent had been elected to Coif membership. What's a Coif? Ten percent held that mysterious L.L.M. degree; and only fourteen percent had ever published an article or legal writing. Some law schools say that there are too few minority candidates for too few mierda. Look at the above numbers! There are too many lame excuses that academic institutions use in order to foster the exclusion ofLatino/as and other minorities from teaching law. It is little wonder that Latinos have not fared well in the academy. I have no one to look up to! I frankly have never met a Latino law professor. Some schools believe by hiring one minority teacher they will satisfy all that is required to make the world a better place. NO. You have to keep on hiring. In addition, you have to make the teaching environment conducive for the minority teacher. Too often you find a minority teacher confronting sophisticate racism presented by neanderthals who are posing as law teachers. There are over 20 million Latino/as in the United States today. We are the fastest growing group and soon, REAL soon, we will be everywhere! You need to speak Spanish in New York City, Los Angeles, Miami, Dallas and even the Westside of Buffalo. For that reason we need Latino/a attorneys. By the way, how many Latino/a attorneys are there in Buffalo? All law students should look at their environment very carefully because by the time you retire at the age of 60 or whatever, you will have to sing the national anthem in Spanish with a very interesting percussion beat in the background. Martin Sanchez Rojas ('9O) Willful Ignorance Obscures Results To the Editor: Chris Porter's October 25th letter regarding the futility of student protests evinced such glaring ignorance of the facts that it almost defies response. However, due to the great importance of the issues which he does intellectual violence to, I feel compelled to call attention to some of his most egregious displays of factual ignorance. It is appalling that Mr. Porter would assert that Student Coalition Against Racism (SCAR) protests directed at Crawdaddy's were groundless and without impact when he clearly has not taken the time to apprise himself of readily discoverable facts. With minimal effort (i.e. reading the local paper, watching the local news) which he failed to exert, Mr. Porter would have learned that: 1. Public hearings were held by the State Division of Human Rights at which several people testified that they had been treated in a discretionary fashion by Crawdaddy's. 2. Five African-Americans brought suit against Crawdaddy's charging that the bar had discriminated against them. They were awarded $10,000 each. 3. The State Liquor Authority suspended Crawdaddy's liquor license for one month and levied a $1,000 fine against the bar after finding that it had discriminated against a Black state trooper. How much more documentation do you need Mr. Porter before you can "see and hear" evidence of discrimination?Or is it 8 The Opinion simply that you've chosen not to see it? In your letter you assert that student ac- tivism should be more focused on local issues. What could possibly be more local than racism in Buffalo? The parking problem at UB? It would be obscene to suggest that the parking shortage is a more pressing social issue and more deserving of students' energies than is racism. Ironically, it is the blindness and deafness to radical bias displayed by Mr. Porter which provide part of the reason public protests such as the one at Crawdaddy's are necessary. They are a means of challenging those who have wrapped themselves in ignorance and denial of social reality to think, see, and hear. It is revealing that Mr. Porter equates an anti-discrimination movement with a liberal agenda. While that characterization may be quite telling as to Mr. Porter's views, it is also extremelyinsulting to conservatives who supported SCAR's goals and actions. I hope that in the future Mr. Porter does a more thorough job of checking facts before he condemns an activity as ineffectual and without basis. But more importantly, I hope that Mr. Porter and others learn to "see and hear" the subtle and overt manifestations of racism, for blindness to it only facilitates its unchecked growth. Sincerely and with regrets thatit's still necessary to write a letter like this in 1989, Samuel R. Miserendino, 2nd year Student Coalition Against Racism November 8, 1989 To the Editor: There are over 5,700 law teachers in the approximately 180accredited law schools in the fifty states and theDistrict of Columbia. ROUGHLY THREE DOZEN ARE LATINOS! In 1987, according to the most recent year for which we have data, there are only 35 Latino law teachers. Of the 35, there were 20 Mexican-Americans, 5 Puerto Ricans, and the remainder were Cuban or of some other Latino origin. (The University of New Mexico, in 1987, had 5 Latinos teaching on its law faculty, earning it a designation as a nuclear free zone or historical landmark). There have been some minor accomplishments in some law schools in hiring women and Afro-American teachers. Too many law schools have yet to have an Afro-American teacher and some have only a handful of women teachers. In fact, a recent study by the Society of American Law Teachers (SALT) found that 30 percent of the respondent law schools had no minority faculty, either Latino or Afro-American! On the "positive" side another 34 had only one minority teacher. In 1987, 570 law professors entered teaching that year only ONE new Latino entered law teaching in the nation. Every year over a thousand Latino/as graduate from law schools and a good number, I repeat a good number, would like to teach. So whathappens? Why can't they teach? Some may not have law review experience, then again who does? Look at how many Latino/as comprised your law school's law review. Not many have L.L.M.'s. How many law professors have L.L.M.'s? How many schools offer L.L.M.'s By the way what's an L.L.M.? Do we need to be a superbad law student in order to be a teacher? I have a Bachelor's, a Master's and soon I'll have a J.D. Will this be enough to teach? �GROUND ZERO Two Sad Tales of Justice Without Mercy Once upon a time there was a woman named Delia Alaniz. She lived inWashington State with her four children and a husband named Roy. Forseventeen years, Roy beat, raped, and psychologically abused Ms. Alaniz and her children. She tried to improve her situation through all the legal channels: by running away, applying for police protection, and seeking help from shelters. But every attempt failed, until one day Roy told her that he would kill herand rape herchildren. Out of desperation, Ms. Alaniz paid a man $200 to kill Roy. by Michael D. Gurwitz Features Editor On March 31,1987, the man shot Roy to death, and Delia Alaniz was arrested and charged with first degree murder. The judge who heard the case refused to allow as a defense the Battered Woman Syndrome. That defense can only be used when a woman kills the abuser in selfdefense or an imminentattack. The judge did not consider the past seventeen years of battering that Roy inflicted on Ms.Alaniz and her children, nor his previous threat to kill her, as danger sufficient to trigger the Battered Woman Syndrome defense. He also did not care that she had tried all legal means to keep Roy away from her (and was beaten by him when those attempts failed), and that she acted out of desperation. Delia Alaniz plead guilty to second degree murder and was given 10 years in prison. Justice, according to the judge, had been served. After a series of protests by women's rights organizations and Hispanic groups, Delia Alaniz was granted clemency by GovernorBooth Gardnerand set free. She had already spent nearly two years in jail, in addition to the seventeen years ofabuse she had suffered at the hands of Roy. Let's jump across the country. In New Port Richey, Florida, Pamela Forney, a 26 year old part-time bartenderwho is single and two months pregnant, was recently sentenced to 60 days in jail for failing to pay a fine for a D.W.I, conviction in 1987. Ms. Forney asked for a 10 day postponement of her sentence so that she could have an abortion. She feared that she would not beable to get a safe abortion by the time she got out of jail, and explained that she was financially unable to care for a baby. Both the defenseand prosecution agreed to the postponement, but not the judge. "Do you want a continuance so you can murder your baby, is that it?" squawked Judge Dan C. Rasmussen. He ignored Ms. Forney's pleas and the opinions of the attorneys, and sent her to jail. He did, however, offer Ms. Forney a way out of her dilemma: she could carry the baby to full term and then give it up for adoption. Thank you. Judge Rasmussen I'm sure you would do the same for your own daughter any day. These two cases indicate a serious lack of mercy in our judicial system. The fact that the defendants in both cases are women, and the judges both men, may or may not be significant —I can't say for certain. But I do know that in both cases, the judges opted to impose the harshest punishments againstthe defendants, when more compassion for their plights was in order. In the Delia Alaniz case, I think that most people would agree that Ms. Alaniz had suffered enough as a battered woman, without also having to go to jail. In fact, I thinkthat most people, despite our system of justice in this country, would applaud Ms. Alaniz' actions. I do. Roy was a bastard, and mental illness be damned, while death maybe was too harsh a punishment (no comment), he at least deserved to have the stuffing beat out of him. Ms. Alaniz, however, did not have that option. She was a woman trapped in a nightmare. — Beirut's Generation of War They don't make war like they used to. Time was, a man would know what he was fighting for, and be bloody proud of it. Things aren't like that anymore. Amerr ican soliders are quite familiar with fighting a war that they themselvesdon't really understand. The same can be said for the soldiers fighting the civil war in Lebanon. However, in their case it extends beyond the combatants, but to the citizens of the embittered country as well. by Darryl McPherson Staff Writer On October 25, the National Lawyers Guild (NLG) and the Graduate Group on Human Rights & Policy presented War Generation: Beirut, a documentary depicting the lives of young people growing up in war-torn Lebanon. Produced by Jean Chamoun and Mai Masri two years ago, it makes quite clear the fact that the Lebanese lot in life is not a pleasant one. The civil war started in 1975. Based on economic circumstances of "haves" and "have-nots," the conflict has grown into a conflagration that prompted the Israeli invasion in 1982. Presently, there is a peace process on the table in Saudi Arabia that looks pretty positive. Though there's a cease fire, the war isn't over yet. Many of the people don't understand why they're fighting the war anymore. They feel the government has turned its back on them. According to Mona Igram, a member of both the NLG and the Graduate Group, the people of Lebanon "don't have the power to deal with the conflicts that are forced upon them by wealth inequalities within the country, and by other countries intervening in the situation from outside the country." The documentary clearly expressed the pitiful plight of those living in Beirut. A 13 year old boy couldn't read or write be- cause there were no schools. He worked as an apprentice mechanic because his family needed the money. He and other children played war games "for fun, not for keeps like the real war." What struck me the most from the documentary was the regrettable sense of dejection of the Lebanese people. Those fighting the war casually expected to die as martyrs. Parties on both sides communicated like old friends, but would shoot at each other once the others started. Hope for the future was a very rare commodity. The title came from a translated statement in the program, "We're the war generation, we don't know anything." That one statement says a great deal about the situation in Lebanon. War Generation: Beirut was just one installment in the World In Crisis: International Human Rights Film and Lecture Series. Usually every Wednesday at 5 pm in O'Brian's first floor lounge, there has been a new topic for consideration from all across the globe. Issues relating to El Salvador, Guatemala, and Namibia, Africa are also explored. The NLG and the Graduate Group welcome suggestions on other films or speakers that students and faculty may be interested in hearing about. In addition to the Film and Lecture series, the National Lawyers Guild and the Graduate Group on Human Rights Law & Policy, along withother organizations will be sponsoring a Human Rights Week in March of next semester. Described by Ms. Igram, it's "a week of events centered on human rights issues internationally. We will focus on different areas of the world, and bring in speakers, have displays, and show films." The Graduate Group can be reached at Box 172, their office at 408 O'Brian Hall, or through Craig Mokhiber at 636-2073. The Guild's office is 118 O'Brian Hall. Imagine being beaten by the same person for seventeen years, all the time going to the courts and the police for help, and receiving none. Then imagine, after seeing how there was no one at all to help you, that your tormentor vowed to kill you and rape your children. Would you not be pushed to the ultimate act of desperation? The judge in the Alaniz case would not accept the Battered Woman Syndrome defense, because Ms. Alaniz was not being beaten, or in imminent threat of being beaten, at the time Roy was destroyed. In other words, it would have been better for Roy to have been in theprocess of beating Ms. Alaniz yet again when she killed him. Such legal reasoning might satisfy those whose lives are lived in law books, but the rest of us live in the real world. Our lives are not abstractions to be placed neatly into artifically made laws and punishments. If a judge cannot evaluate the total picture and act accordingly, that judge should hang up their robe and get a new job. Fortunately for Ms. Alaniz, the Governor granted clemency. But how many other Delia Alaniz's are there rotting in jail because they acted in desperation, but desperation was discounted when their case was reviewed? I do not know the answer, but the legal community must examinethis question. Papillion was sent to Devil's Islandforstealing a loaf of bread to feed his hungry family. Justice? Back to Florida. As the recent legislative battles showed, Florida is still a state wherein women have reproductive freedom. Pamela Forney wanted to exercise this freedom by having an abortion before she went to jail. She decided that under her present circumstances, having a baby was a bad idea. Unfortunately, Ms. Forney's judge is the kind of man who puts the rights of an undeveloped human being before the rights of a fully developed, walking, talking woman. Go ahead, he said, carry your baby for seven more months and then give it away. Whatsa matter, you don't like the idea of giving your child away foradoption?Too bad, for I'd rather see you give birth and lose the baby, ratherthan have an abortion. I know what's best. Judge Rasmussen can go to hell. A single, partiallyemployedwomanisabout to go to jail for two months. This time lag can make the difference between a safe abortion and a risky abortion. What difference would an extra ten days make as far as Ms. Forney'ssuffering her punishment? None! The judge is compounding her punishment by forcing her to give birth against her will. As withtheAlaniz case, he is adding punishment to punishment. Mercy does not enter into the equation. As future lawyers, and maybe future judges, it is our responsibility to see that justice is done. Just because someone commits Crime A, it does not mean that they must suffer Punishment B. Laws are words made of ink and stamped onto paper. Humans are much more complex. It is essential to keep in mind theflesh and blood subjects of the cases we read, and to consider our own weaknesses. It is also essential that we do not wield our newfound power with an ironfist. Unless mercy is factored into our work, there will be injustice, and that is, of course, intolerable. SASUBoasts Many Achievements In the nearfutureSUNY Buffalo law students will hold a referendum on whether to join SASU, the Student Association of the State University of New York. SASU is a statewide advocacy organization promoting the interests of SUN V students at SUNY Central Administration, the Legislature, the Governor's office and other statewide decision-making bodies. by Troy Oechsner SASU promotes low cost, high quality, fully accessible education at SUNY and increased student participation in university decision-making at all levels. In short, SASU stands for low tuition, affirmative action, and student power. According to Julian Marley, President of the United States Student Association, "SASU is the nation's largest, most effective state-wide student association." SASU is a non-profit, non-partisan organization run entirely by SUNYstudents. The organization is funded by student activity fees from member campuses. Each member campus elects delegates who determine SASU policy and elect a Board of Directors and officers to carry but those policies. SASU boasts numerous achievements since its creation in 1970. By monitoring the state legislature and SUNY Central, SASU has effectively represented student views in position papers, testimony and personal contact. By coordinating lobbying, letter-writing, publicity and other grassroots activity, SASU has won many victories. For example, SASU was instrumental in overturning proposed tuition increases every year since 1984. Last year, SASU overcame tremendous opposition to regain restorations to SUNY and avoid an impending tuition increase. SASU has also successfully fought to maintain and expand financial aid programs. For example, attempts in the early 1980's to limit or eliminate the Tuition Assistance Program (TAP), which many law students receive, were stopped due largely to SASU's actions. Other SASU victories include: pressuring SUNY Central to divest from South Africa, protecting student control over student activity fees, a lawsuit to permit students to vote in their college communities, and implementing women's safety programs on many campuses. Currently SASU is working on campaigns to overcome race, gender and sexual orientation bias and bias-related violence which has increased on most SUNY campuses. SASU is providing contacts at the SUNY Board of Trustees, legislature, and Governor's office to help the UB law school's campaign to end the Career Development Office's support for employment discrimination. The SASU central office is located in the state capital where student officers oversee a full time staff of campus organizers, legislative and communications departments. The communications department provides a network for campus press and expresses SUNY student views to the media and general public. The legislative department is in constant contact with the Governor's office and members of the state legislature assuring that our government officials are aware of the students' concerns. The organizing department develops and coordinates unified grassroots action among member campuses. There are three institutionalized caucuses within SASU: The People of Color caucus, the Lesbian/Gay/Bisexual caucus, and the Women's caucus. These caucuses ensure diverse representation within the organization and develop programs for their empowering constituencies throughout SUNY. There are four full-time student officers who run SASU on a day-to-day basis. The SASA President is the sole student on the SUNY Board of Trustees and is primarily in charge of the organization. The Executive Vice-President oversees staff and central officefinances. The two Vice-Presidents for Campus Affairs coordinate Campus activities. The Student Bar Association has voted to hold a referendum in November. The referendum will read: "ShouldSUNY Buffalo School of Law fund SASU at $2.00 per student per semester which will be added to the student mandatory fee to be voted upon every three years?" If you would like more information on SASU, please stop by the SBA office in O'Brian or the SASU office in Talbert Hall. November 8, 1989 The Opinion - 9 �The Stanley H. Kaplan Educational Center of Buffalo is proud to announce that William Hair has been awarded BAR Ren of the Month for Oct 89. Bill had his best sales month ever, earned a free course, and is now working toward a second free course! The KAPLAN-SMH Multistate Videos are HERE! Start studying for February whenever you're ready! 10 The Opinion November 8, 1989 Nov 18th is TOO LATE! Kaplan-SMH fall discounts for 2nd and 3rd year students are in effect until NOVEMBER 17. With a $50 registration deposit you get: •$125 to $175 off our full course prices •SMH Law School Summaries 11, a concise review of the black letter law for standard 2nd and 3rd year courses Exciting things are beginning to happen in BAR Review. Watch what those BAR Reps from Kaplan-SMH are up to these days. Look for lots of great giveaways. Look for Pizza Bashes. Look for Speakers! Look for Special Video Reviews on lots of topics! Just LOOK! �LALSA 14th Annual Conference Held in Washington, DC The Hispanic National Bar Association held its 14th Annual Convention in Washington, D.C. from October 18-21,1989.The Convention attracted attorneys and law students from across the country. Representing SUNY Buffalo were LALSA President, Joseline Pena (2L) and Wendy Silva (2L). by Wendy Silva As MarkGallegos, President oftheHNßA emphatically stated, "Hispanic attorneys are one of America's greatest untapped resources." Th is year's theme "Las N uevas Brisas" (The New Breezes) reassesses that statement through the HNBA's effort at uniting attorneys who will represent the voices and concerns of the Hispanic community in the U.S., as well as improving relations with Mexico and Central and South America. The nation's capital, as the site of this year's convention, provided an excellent opportunity for "networking" and open- ing up communications with DC policy makers. For example, there was an array of speakers from government and public agencies and the private sector who conducted Continuing Legal Education seminars in Criminal Law, Family Law, Immigration Policy and Practice, Personal Injury andTax Exempt Organizations, among others. Law students with backgrounds from Mexico, Cuba, Puerto Rico, theDominican Republic, Nicaragua, El Salvador, Columbia and a full diversity of other Hispanic Americans also gathered to elect the Law Student Divisions National Officers and Regional Presidents. SUNY Buffalo is part of Region I, along with other law schools from NY, NH, ME, MA, CT, Rljand VT. The goal of each region is to establish and maintain contact with other Hispanic student organizations and update one another on planned activities. A main concern for all regions is to recruit qualified Hispanic law professors. Efforts must be aimed, however, at in- Students Boycott Anti-LaborFirms Over 75 law students have signed a petition pledging not to work for firms condemned by the AFL-CIO for their unfair labor practices. The petition drive is part of a Labor Law Society educational campaign to inform students and faculty about law firms accused of engaging in "union busting." According to Toni Delmonte, a member of theLabor Law Society, the purpose of the campaign is to educate law students about the activities and techniques of law firms accused of union busting, to urge students to boycott recruiters from these firms, to educate law school faculty and students about these employers and to pressure the firms to cease their activities. by Ted Baecher Staff Writer "Law students should be aware of the damage these firms do before accepting job offers," said Delmonte, "These firms damage not only employees, familes and the community, but also the productivity and profits of the employers they claim to serve." The inspiration for this campaign comes from a similar campaign at HarvardLaw School, which, in 1986,collected over 200 signatures of law students who vowed not to work for certain law labor firms. The Harvard campaign continues with hundreds of students signing the petition as of the beginning of the fall semester, 1989. Firms are targeted on the basis of monitoring conducted by the AFL-ClO's Department of Organization and Field Services, and then distributed to Frontlash, the AFL-ClO's student organization, which is organizing a nationwide boycott campaign. This information, which includes records of management abuses during union campaigns, is then forwarded to interested student organizations. The lawfirms cited by Frontlash are accused of engaging in unfair labor practices ranging from the training of supervisors in anti-union strategy, delivering or preparing "captive audience" speeches bombarding employees with literature. In a New York Times article of October 23, 1986, the law firms targeted by students at Harvard Law School denied the charges. Gerald D. Skoning of Seyfarth, Shaw, Fairweather & Geralson (Chicago), one of the targeted firms, said, "It's a totally baseless charge. In fact, we enjoy an excellent reputation in the labor relations community nationwide." In addition to engaging in unfair labor practices, many of the targeted firms encourage management to violate the spirit of the National Labor Relations Act, according to Toni Delmonte. Section 8(a)(2) of the Act, for example, prohibits employers from interfering, restraining or coercing employees in the exercise of self-organization. The tactics encouraged by these firms, said Ms. Delmonte, make it "extremely difficult for workers to exercise an uncoerced decision on unionization." Some of the firms targeted by the AFLCIO and the Labor Law Society are Jackson, Lewis, Schnitzler & Krupman (N.Y.); Littler, Mendelson, Fastiff & Tichy (San Francisco); Venable, Baetje, Howard & Civiletti (Baltimore); Myerson & Kuhn (Philadelphia); and Vedder, Price, Kauffman & Kambolz (Chicago). creasing the overall numbers of professors, rather than shifting them from one school to another. At present, across the nation, there are 50 Hispanic law professors and only one Hispanic dean. •Another imminent concern is the Hispanic highschool drop out rate, which has been deemed a "national tragedy." One speaker admonished the government, by saying thatactions would immediately be taken if the highschool drop out rate for middle and upperclass whites were as high. I found that statement, although unfortunate, to be most true. Indeed, there have been attempts at decreasing the drop out rate among Hispanics, yet the problem remains at an all time high. Illustrative of our slow progress is one speaker's recollection of an issue of Time magazine entitled "The 80's The Decade of Hispanics." He recalled, "The 1980's - OB Law were expected to be a decade of prosperity and hope for Hispanics. Many of the dreams of the Hispanic people were to be realized in education, employment, housing and criminal justice.A decade of promise for Hispanics has about come to an end and we as "Hispanics" did not fulfill our hopes, nor realize our dreams." This may ring true for many Hispanics whofind that they or their parents are in the same or worse position than they were some years ago. However, as future attorneys, we should look back at the 1980's in the realization that it is part of our duty, if not obligation, to see that the 1990's provide for a more positive outlook. If the turnout at this year's convention is any indication of the talent and knowledge of Hispanic attorneys, united then, our nation's capital cannot ignore the voice of the Hispanic community. School LOAN REPAYMENT ASSISTANCE PROGRAM Task Force A project of the Buffalo Public Interest Law Program UB LAW STUDENTS SUPPORT ESTABLISHMENT OF LOAN REPAYMENT ASSISTANCE PROGRAM Loan Repayment Assistance Programs assist law school graduates pursuing low-paying public interest positions in re-paying their loans. Public Interest practice has become virtually inaccessible to starting attorneys struggling to pay off staggering educational debts. Ayi /"\.ll , &ss@ Currently, 20 law schools and the state of Maryland have implemented LRAPs. LRAPs at other law schools are funded from a variety of sources including: alumni donations, local bar assoc.,university endowments, D A P q f vJ 13 *? <XV i ijiVrir | S^^.^" ' "* p*"' 18 6 * STRONG SUPPORT 80% of students responding to a recent survey support the establishment of LRAP at UB * MAJOR COMMITMENT TO PUBLIC SERVICE 78% of respondents are seriously considering a Public Interest career. * DEBT WILL BE A FACTOR IN CAREER CHOICE 89% say that debt burden will affect choice of jobs after law school. * MAJORITY OF STUDENTS TO HAVE HIGH DEBT 51% in survey estimate their post-graduation debt to be over $20,000. Eligibility requirements for LRAPS around the country vary in the types of jobs and income levels that are covered by the program. Examples of public interest jobs tht have been recognized by LRAPs include: Environmental, Consumer and Civil Rights organizations, Legal Aid and Legal Services offices, and some government positions. YOU CAH HELP SHAPE Uo*s LRAPII ROOM 509 O'BRIAN CONTACT BPILP's LRAP TASK FORCE Phone: 636-2900 The Opinion is reprinting this information as a public service. from page Plastic by the Buffalo City Council, that will mirror some of the Newark legislation and get this garbage out of our environment once and for all." Among the representatives of plastic legislation was Stephen Pigeon who, credited with proposing various plastic bans to the legislature, voiced the frustration involved in the process. "We've had meetings, we've had compromises, we've had proposals, and really what we've had is nothing. It's time we ask the county legislators to vote up or down [to show] where they [stand] in protecting our environment." A short instructional oration was given by anti-plastic activist Tony Luppino in an effort to explain some of the basic effects of plastic production and the volume of our landfills presently occupied by this toxin-producing commodity. "We have to act as a public opinion mobilizing force to counter the food industry's public opinion mobilization. I think we've had an effect already, but we have to watch how things unfold." Luppino downplayed the positive aspects of Bells Supermarket's attempt to s>s@@aaE2@ place natural and biodegradable products upon their shelves. Specific products include toilet paper made from recycled paper, natural peanut butter, and 90% biodegradable plastics. Luppino pointed to the biodegradable plastic bags which could produce inhalable plastic dust presenting a greater health hazard via the atmosphere than a plastic bag sitting in the mud of an overloaded landfill. There were no representatives at the rally from the petrochemical corporations or the food industrieswhich produce and employ plastics in abundance. During Luppino's discourse on the dangers of plastic the "major" media left the area. The effect was not lost on the crowd, which turned the obvious snub into an issue ofresolve. Councilman David Rutecki put thesentiment of the crowd into words: "While Tony was talking about the real effects of plastic, we lost the press. The media isn't going to cover this battle, this battle is going to have to be fought on the political front. "In the legislature we've come up with a good compromise telling the legislature if you say it's recycleable, prove it to us and recycle it, and we won't ban [plastics]. Unless you do that we're going to ban [plastics]. It puts a lot of pressure on the industry to back up whattheirclaims have been over the past 18 months. So we're ready to move and now it's a question of going out and getting votes." 1 cerning the "Ban Plastic Legislation." Regarding the emergence of the "biodegradable" plastic bag Charlie Keil, Professor ofAmerican Studies and Ethnomusicologist at SUNY Buffalo, remarked "it's disgusting the way these companies can co-opt symbols of hope and turn them into commerce." Keil led the Musics of the World band in a variety of original chants and songs including the catchy "Ban Plastics Now: Why Fill the World With Plastic?", and the meditative "Ithinktherefore I recycle." All the speakers stressed the importance of active public support in the forms of small letter writing campaigns, postcards, and telephone calls to county legislatures. One of the sights to be expected on the U.B. campus is a table with petitions con- Martin Coleman, a third year student at SUNY Law, was one of the organizing members of the plastics rally. Coleman emphasized the importance of the necessary role of the media to present the issue to the public. Coleman agreed with Luppino on the importance of public mobilization as the only way to "effect change in the face of the plastocrats." Several U.B. Law students attended the rally and more at the campus have expressed concern over plastic proliferation. According to first year law student John Chiappinelli, "it's a vital issue and one we can't ignore any longer." November 8, 1989 The Opinion 11 �Citizens Group Criticizes War On Drugs As Irresponsible Citizens for A Responsible Drug Policy (CRDP), a recently formed campus group, has formulated a statement of principles. They will use this statement to educate people concerning our Country's drug problems and the threats to civil liberties and democratic governance that are generated by the National government's policies regarding drug use. Citizens for A Responsible Drug Policy is not adopting a pro or anti drug policy, Instead, they are opposing the policies currently being used by the government in the war on drugs. They believe that the policies are based on incorrect information and are increasing both the health and safety risks of specific drugs and the erosion of civil liberties generated by enforcement of drug laws. CRDP believes that drug problems exist which need serious attention but are not being effectively addressed by the current war on drugs. This group states that the public has not been adequately informed about the health effects of specific drugs and believe that illicit drug use is "causing a plague of death." Yet only about 3,500 Americans actually die annually from the effects of illegal drugs while over 500,000 Americans die each year from tobacco and alcohol use. CRDP's statement explains that the drugs included under the heading of "illicit drugs" are quite differentand involve different levels of hazard. Policies directed toward control should be based on accurate information concerning the health effects. CRDP's statement asserts that before the government attempts to prohibit the use of a particular substance, it must prove a substantial interest in protecting the public's health that cannot be achieved in a less restrictive way. CRDP opposes President Bush's goal of eradicating all illegal drug use. The group believes that if this type of policy were pursued, a far greater harm would result than is currently present from all types of illegal drug use. CRDP supports the decriminalization or legalization of marijuana based on a combination of the Alaskan, Dutch and Spanish models. Extensive testing over the last forty years has revealed that marijuana is much safer and less addictive than tobacco or alcohol. CRDP believes that legalization would help to keep young people from turning to more dangerous drugs. In the first ten years after marijuana was legalized in Holland, consumption of pot increased slightly while heroin use drastically declined among people between age 15 and 25. It is also often stated that the increased enforcement of marijuana laws coupled with the creation of temporary shortages of availability, and the role of organized crime in the distribution of pot have been mostly responsible for the emergence of the use of crack in the inner cities. CRDP's statement also argues that marijuana laws over the past fifty years have been the result of prejudice first against Mexican-Americans and blacks and against the 1960's counterculture. CRDP maintains that extensive criminalization of recreational drug use and increased enforcement has produced negative side effects. Increased crime and violence have become associated with drugs as they did with alcohol in the 19205. Prohibition increases the harm to drug users since there is no quality control of a product obtained from criminal sources. Although CRDP believes that criminal laws will be necessary to control distribution, the group believes that "medicalization" alternatives are worth seriously exploring. CRDP emphasizes that truthful, balanced drug education involving free and open debate among individuals and/or groups with divergent opinions should — exist. CRDP proposes that in all state* sponsored drug education for citizens over age 12 (either in school or through the media), there should be opportunity for responsible opposing viewpoints to be expressed. CRDP defines responsible as "truthful information delivered in a manner that does not show wanton disregard for the serious health risks posed by certain forms of drug use or by excessive use of any kind." CRDP encourages employers to restrict urine testing to situations in which inadequate performance or truancy establishes probable cause. Excessive testing may encourage employees to shift to drugs such as LSD which is undetectable in a urine test. CRDP believes that access to counseling and treatment programs should be viewed as a personal right as 12 Funding should be made available so that preventive and remedial programs can be expanded. People should not be unfairly blacklisted because of previous drug use. CRDP is concerned about the impact of laws such as the Anti-Drug Abuse Amendments Act of 1988 which can cut off student loans and impose fines of up to $10,000 for the possession of even a small amount of pot. Certain university administrations (e.g. Boston University) have expressed an intention not to cooperate. CRDP believes that because of the unjust nature of the Anti-Drug Abuse Amendments Act that university administrations should be encouraged to follow their example. African Scholar To Speak At School Human rights in Africa will be the subject when Ibrahim Gassama, an expert on contemporary African political and legal issues, speaks at the University of Buffalo Law School underthe sponsorship of the Mitchell Lecture Committee. by Ilene Fleischmann On Thursday, Nov. 16, from 5 p.m. to 6:30 p.m., he will speak on South Africa and Namibia in Room 108 in John Lord O'Brian Hall, Amherst campus. On Friday, Nov. 17, he will make a presentation on Sub-Saharan Africa in Room 210. Both talks are free and open to the public. Gassama will address such isssues as: What is really happening in southern Africa? Does F.W. deKlerk represent significant change? Has peace finally come to Angola? What about human rights in subSahara Africa? What are the human rights efforts of post-colonial governments? And what should concerned Americans Animals aboutbeingan "elephantgorilla," orwhen ones who most require the capacity for Michael, now a captive gorilla, sadly deconscious thought, since they are least scribes how "bad men came and hit his able to contain the complex genetic matemother on the head so that blood aprial necessary to sustain a largely autopeared," then the syntax debate begins to matic response system. Thus the complex look like nothing more than defensive lives of insects have taken on new signifiacademic quibbling. cance. Oneof the most successful animals While displays of formal linguistic skill in the world, for example, isthe leaf-cutter have compelled us to reconsider assumpant, who performs a wide variety of tasks, tions about animal capacity, there is a including the tending of fungus gardens, sense in which these grammar/syntax/ while another type of ant is known to concept debates are simply beside the "farm" other insect species, feeding, propoint. People have, forthousandsof years, tecting, and even building shelters for its entered into complex relationships with domesticatedlivestock. So too, the honeyanimals, despite the absence of symbols bee's "waggle dance" has been called the and alphabets. The storiessuccessful train"second most complex language we ers tell of their horses and dogs have a know," involving a highly stylized map of moral dimensiontotally missing in behavlandmarks, direction, solar position, and iorist accounts. Implicit and explicit in the information about the relative desirability trainers' language is the notion that their of located substances. animals have not only intelligence, but a Meanwhile, researchers studying complex and delicate capacity for moral mammals with highly developed social understanding. When trainers start with structures are starting to write in a manner the assumption that animals can have a more reminiscent of sensitive cultural responsible relationship with humans, and anthropology, again destabilizing our priviwhen they insist through discipline that leged position as bearers of "culture." theanimals act accordingly, they can elicit Their studies have brought about such a an extraordinary degree of responsiveblurring of disciplinary borderlines that ness, and what can rightly be called integbooks about baboons, chimps, and gorilrity. (Behaviorists, in contrast, make lousy las are often shelved in the anthropology trainers.) This reciprocal trust and shared section of bookstores. The pioneer resense of moral responsibility may constisearchers, of course, were Jane Goodall tute the real meaning of "language" beand Dian Fossey; yet in some sense their tween humans and animals. chimps and gorillas were theeasier cases, While our growing awareness ofanimal animals known to be evolutionarily simicommunicative skill serves to dislodge us lartous,to be mysteriously "us" and "not from hierarchical complacency, we perus" at the same time, so thatthe complexsist in measuring animals by their disity of their social lives was not altogether tance from our still-universalized criteria surprising. of competence and moral superiority. Those of us who are willing to look are Much more destabilizing are studies that now finding culture in the lives of our are starting to show the rich depth of more distant cousins in the animal world. animal life in the wild. There are, it turns Elephants, for example, communicate in out, animal societies all around us about ways we are onlystarting to comprehend— which we know almost nothing. Animals not just through touching and audible can be conscious and communicative in trumpeting, but also through infrasonic their own way, not ours; they can have (low-frequency) calls that carry vast discultures of their own, ratherthan just learntances, and by way of pheromones and ing to participate in our culture. vomeronasal organs, a type of perception In one of the great flip-arounds in the for which we have no descriptive word history of science, it is now argued that even though it is characteristic of many animals with the smallest brains are the animal species. The Opinion November 8, 1989 opposed to a scarce privilege or state imposed punishment. Voluntary participation should be promoted. do about U.S. policy towards Africa? Gassama, a native of the West African country of Sierre Leone, graduated from Harvard Law School in 1984. He is a key staff member of TransAfrica, a Washington-based lobbying organization concerned with African and Caribbean policy. He was formerly editor ofTransAfrica Forum and ofTransAfrica's quarterly scholarly journal. He is presently senior advisor and speech-writer for Randall Robinson, TransAfrica's executive director. DEADLINE The deadline for the next issue of The Opinion is November 13th. Place submissions in Box 59 or Box 60. This is the last issue of the semester. continued from page 5 Elephants have a complex social structure, with female-bonded groups at the center and a multi-tiered network of relationships radiating out from them, encompassing the whole population of an area. Ritualized greeting ceremonies express and cement bonds, and vary depending on relationship and length of separation. If a close family group is separated and then reunited, the greetings will be intense and excited—the elephants will run together, rumble, trumpet, scream, click tusks together, entwine trunks, flap ears, urinate, and defecate. There is no single uniform "elephant": a matriarch who is irritable and tends to go off on her own is unlikely to maintain a closely knit group, but when bonding is close, family affection is intense. Consider the following report by Cynthia Moss, describing what happened when poachers shot Tina, a member of an elephant group Moss had been studying: The other elephants crowded around, reaching for her. Her knees started to buckle and she began to go down, but Teresia got on one side of her and Trista on the other and they both leaned in and held her up. [Soon, however,] blood gushed from her mouth and with a shudder she died. Teresia and Trista became frantic and knelt down and tried to lift her up and Tallulah even went off and collected a trunkful of grass and tried to stuff it into her mouth. Finally, Teresia straining with all her strength began to lift her.When she got to a standing position with the full weight of Tina's head and front quarters on her tusks, there was a sharp cracking sound and Teresia droppedthe carcass as her right tusk fell to the ground. She had broken it a few inches from the lip well into the nerve cavity.... They gave up then but did not leave. They stood around Tina's carcass, touching it gently with their trunks and feet. Because it was rocky and the ground was wet, there was no loose dirt; but they tried to dig into it with their feet and trunks and when they managed to get a little earth up .. .. . . they sprinkled it over the body. Trista, Tia, and some of the others went off and broke branchesfrom the surrounding low bushes and broughtthem back and placed them on the carcass. They remained very alert to the sounds around them and kept smelling to the west, but they would not leave Tina. By nightfall they had nearly buried her with branches and earth. They then stood vigil over her for most of the night and only as dawn was approaching did they reluctantly begin to walk away, heading back toward the safety of the park. Teresia was the last to leave. The others had crossed to the ridge and stopped and rumbled gently. Teresia stood facing them with her back to her daughter. She reached behind her and gently felt the carcass with her hind foot repeatedly. The others rumbled again and very slowly, touching the tip of her trunk to her broken tusk, Teresia moved off to join them. To see such animals as a "different culture" seems directly in accord with the similar deprivileging move going on in contemporary anthropology. Traditionally anthropologists shied away from an emphasis on cultural particularity, fearing excessive contextuality, cultural relativism, and the absence of fixed boundaries. They chose instead to take refuge in analytic categories ("bloodless universals"), such as religion, marriage, property, or trade, which were explicitly or implicitly applied with reference to Western norms. More recently, anthropologists have been recognizing that culture is local, plastic, and utterly particular, best understood not through abstract analytic constructs but through a process thatClifford Geertz calls "thick description." This approach necessarily leads to the rejection of standard hierarchical orderings: for example, Western "civilized culture" contrasted with "primitive culture." Thus recovery of context has a leveling effect. It means that we are all "natives" now; the world must be seen as a place where, in the words of Michael Ignatieff, "difference has its home." �AN TCHROES ATION The Project provides legal advice, referrals to medical and counseling services, and monitors and investigates cases of police brutality and racial violence. University of California, Davis School of Law Over a hundred students signed a letter to the dean protesting the studentrecords Law School News Briefs New York University Law School The Commentator reports that: "NYU's minority population has remained consistent in the 15-19 percent range. The application pool growing most rapidly is the Asian pool. Of the 7,800 completed applications for this year's entering class, 482 were from Black students, 260 Latino, and 369 Asian. Enrolled are about 22 Black, 20 Asian and 20 Latino students in a class of approximately 400." *** An NYU graduate is heading a recently formed nonprofit civil rights organization designed to address the escalation in racially motivated violence against Latinos. The Latino Rights Project's founders emphasized that one of their important missions is "to increase the awareness of the frequency of racially motivated violence and to decrease such incidents." policy. Law School faculty are provided with a report ranking all students by GPA, biographies of each student culled from facts in student admission files, and given access to any student's admission file including the application, personal statement and the letters of recommendation. Faculty members were asked to justify the need to rank students by GPA. One answer was: "I need the GPA because when a studentasks a question and I know the student is at the bottom of the class I spend more time answering the question. If, on the other hand, the student is at the top of the class, I don't have to spend time on them. They will get it by themselves." Another faculty member responded: "I need the GPA because when a student asks a question, and I know the student is in thebottom of the class, I know that most everybody else gets it. I don't have to spend class time on this question for the few studentswho are falling behind. If, on theother hand, the student is at the top of the class, I know that many students need help getting this." The University of Pennsylvania Law School Problems have been created by the fact that the class of 1992 is 64 students above the target size of 225. The largest class in Perm Law's history is straining facilities, staff and student life. Concerns remain about the student/faculty ratio and overcrowding in the library. An additional problem was that the Legal writing program was forced to quickly enlist additional instructors. One less desperate problem caused by the large class is what to do with the $800,000 tuition windfall. Library Staff Responds To Suggestions and Complaints, Redux . The Suggestion: Better lighting in the third floor study areas (tables and carrels). The Response: Recently, stack lighting was added to the book stack extensions that were installed over the summer on the third floor. The electricians tell us that the only way to further improve lighting at the study tables is to suspend fluorescent lights on four foot "stems" from the ceiling. As we ponder the aesthetic effect of that kind of "factory-style" lighting we have asked the University lighting specialists to assess the fluorescent lighting in the closed carrels and study desks and tables against current lighting standards. Their assessment will help us in responding to your request for better lighting at those study stations. The Suggestion: Clocks are not set to same or always correcttime confusing. The Response: Our six clocks are controlled by a central clock system elsewhere on campus. As I write this response, only one of the six shows the correct time. When these system clocks go out of synchronization, which happens frequently, it can take several days for a repairman to arrive and adjust them. Often, the adjustments don't "take." For example, on September 27, twenty minutes after the repairman left after adjusting the clock over the Circulation desk (which had been 8 minutes slow) it was one hour fast and so was the clock in the second floor reading room, which also had just been adjusted. This is very frustrating, to say the least. We have asked for an assessment of the situation by the University clock specialists; a fuller response will be forthcoming when we have more facts available to us. The clocks are no September 29 longer on the central system —just electrically run. We hope that this will result in consistent and accurate readings on those clocks. — — — The Suggestion: Whenever someone looks for a newspaper it's virtually impossible to find it because it's dismembered and scattered throughout the library. Perhaps the library could use newspaper "sticks" like other libraries use to keep the paper together. (There were two suggestions recommending this treatment for newspapers.) The Response: We will have the New York Times, Wall Street Journal, and Buffalo News mounted on newspaper sticks as soon as the newspaper rack can be moved from the Faculty Library to the main floor. The Suggestion: Please put large bold red signs as one leaves copy rooms saying "Have you forgotten your copy card?" The Response: The signs have been installed. We hope they will help remind people not to leave their Vendacards in the copy machines. As a point of information, when signed Vendacards are mislaid and later turned in, we leave a note in the owners' mailboxes informing them that the cards may be retrieved from Iris in 208 O'Brian. So, people should sign their The Complaint: The Law Library needs especially in the evening hours for us hard-working, dedicated students who require silence when we study and no place else on campus is as quiet! Why can't the library remain open (minus reference services) until midnight or 1 a.m.?? The Response: Your concern about the need to lengthen Law Library hours is shared by other students. In fact, a first year law student shortly will be conducting a survey of the law student body on the subject of library hours. There is no question that our Law Library doesn't compare favorably with other law school libraries when it comes to hours. Our schedule (90 hours per week) is 12 hours shorter than the national average of 102 hours per week and 8 hours shorter than the New York State average of 98 hours per week. These figures are from the American Bar Association's annual statistical survey of law school libraries. There are three major considerations involved in extending library hours. One external 1. The Campus Buses limitation on library hours is the campus bus system. The last bus leaves the spine at about 12:20 a.m. on weeknights. The student assistants who close up the library must spend about 15 minutes securing the six floors of the library and picking up books left about on tables and in copy rooms. Since some of our student assistants rely on the bus system, about the latest that the library could close would be 11:45 p.m. 2. Funding —If we were to extend the library hours by eight hours per week, we would require about $3,000 per fiscal year in addition to present funds. As you may be aware from other "Responses" in this Suggestion book, the level of present funding is such that we had to cut 20 hours per week from the A-V Department's schedule to avoid a cut in regular library hours. 3. Staffing It is difficult to find student assistants who are willing to work late at night; after all, they also have to prepare for and attend morning classes. We are awaiting the results of the student survey on library hours, and we will do what we can with the resources at our command to be responsive to the student body on this issue. to be open longer — — — The Complaint: The A-V Center is closed, with no explanation, during hours when it is supposed to be open. The Response: TheFall semester A-V Department hours are: Mon. Thurs. 9 9 9- 5 Friday & Saturday Sunday Closed - - Unfortunately, this schedule of hours is 20 hours per week shorter than in previous years due to budget constraints. If you would be specific aboutthedates and times when you found the A-V Department closed during the above hours, we would be better able to find out what went wrong and why. .. TAie Complaint: The paper doors on the photocopiers should be left unlocked so that students may replace empty paper trays themselves saving both the librarians and studentshours in waiting time while the copiers are empty. The Response: We regret that we cannot leave the paper supply doors on the photocopiers unlocked. We did for one brief period leave a small supply of paper unlocked in an effort to speed up photo- copier restocking. Unfortunately, a lot of the paper was stolen, presumably for typ- ing and scrap paper use. So, the remedy when a copier runs out of paper is to notify the desk attendant at the Circulation/Reserve desk. You should know that it is our policy to check and restock the photocopiers just before the busy morning and evening use periods every day. The Complaint: The paper cutters badly need sharpening. The Response: We found that the paper cutters in the two second floor copy rooms each cut 10 sheets of photocopyweight paper cleanly. Thicker packs of paper were not cut cleanly. If you experienced difficulty cutting fewer than 10 sheets at a time, please contact Ms. Reese in 205 O'Brian, and she will try to determine what the problem is. Reproductive Freedom bills restricting abortion. On October 11, each bill failed, on NBC's "Nightline," Martinez, fresh from defeat, stated that his bills were an attempt to "balance the rights between women and the unborn baby, and to give women the first five months to make a choice of what they wanted to do, in terms of whether they wanted to go to abortion or not, the rights of the baby would pick up after that point." Yet, the bills proposed special licensing standards for clinics, prohibitions against state employees and state centers being used for abortion. Statistics have shown that such restrictions not only prevent most women from obtaining an affordable abortion, they also reduce the access to the procedure. On October 12 for the first time since 1981, members of the House of Representatives reversed a long standing policy (the Hyde Amendment) and voted to providefunding for poor women for abortion in cases of incest and rape. On October 25, the House of Representatives failed to override Bush's veto of the bill easing abortion funding. A vote of 231-191 was 51 votes short of a 2/3rds majority needed to overturn the veto. On October 27, New York Governor, Mario Cuomo speaking before the State School Boards Association at the local Niagara Falls Convention Center announced that his budget will include funding for abortions for the poor, especially victims of rape and incest. He pointed out that while the "Bush Administration is willing to spend $160 billion to bail out the bankrupt savings and loan associations and throwing money at the rich by reducing capital gains tax, at the same time, the conservatives are keeping the lid on funding for education, child care and prevention of drug addiction." Cuomo called Bush's position on abortion for the poor "utterly irrational" and claimed that our country can reduce the 1.5 million abortions per year by helping young women prevent unwanted pregnancy through sex education. November 8, from page 4 On October 24, the Pennsylvania House voted 143-58 to approve a set of far reaching abortion restrictions becoming the first legislative victory for abortion foes in the months since the U.S. Supreme Court gave the states the power to regulate the procedure. Key provisions in most cases would impose a 24 hour waiting period for those seeking abortions. Married women would be required to notify their husbands before aborting a fetus they conceived together and abortions after 24 weeks gestation would be banned. These measures are expected to easily clear the Pennsylvania Senate in November and signed into law by Governor Robert P. Casey. If enacted, the Pennsylvania measures could be a case in which the Supreme Court will be invited once again to overrule Roe vs. Wade. — ATTENTION ALL STUDENTS! Mandatory Student Fee Waiver Forms can be obtained outside the SBA Office (Rm. 101). Fee waivers will be given only for financial hardship reasons. Completed forms must be returned by Monday, November 20th, at 12:00 Noon in the SBA Office. THE PASSWORD: 1989 The Opinion 13 �Students Testify Before Committee on Mandatory Pro Bono Four UB Law students testified before the Committee to Improve the Availability of Legal Services on November 2, 1989 at Buffalo City Court. Chris Reo, President of the Student Bar Association, Kathleen Welch, of the Buffalo Public Interest Law Program (BPILP), Christopher Thomas, Graduate Assistant for Public Interest Careers, and Mark Schlechter, of the National Lawyers Guild spoke before Victor Marrero, Chairman of the Committee, as well as othercommittee members including Cyrus Vance, former head of the State Department in the Carter Administration who returned to private law practice in 1980. The hearings were sparsely attended. Various members of the Erie County Bar Association arrived and delivered their opposition to the mandatory pro bono requirement. Virtually, all members of the Erie County Bar were opposed to mandatory pro bono (with the exception of William Berry of Legal Aid Services). by Mary Clare Kane Staff Writer In an abrupt, but not unexpected change of pace, the UB Law School representatives applauded the Committee's effort and endorsed the mandatory pro bono proposal that requires admitted members of the Bar to work 20 hours of pro bono work per year. In addition to endorsing the mandatory pro bono, each group representative also presented concrete alternative vehicles for improving the availability of legal services to the poor. These included: the creation of a Loan Repayment Assistance Program (LRAP) which has been endorsed by virtually all active law student groups, the expansion of funding for summer internships at local legal services agencies and the establishment of internships and work-study positions with local pro bono attorneys and legal service agencies throughout the year. Cyrus Vance personally thanked Kathleen Welch and the UB Law students for providing alternative solutions to the legal needs crisis. Christopher Reo spoke first for UB Law School, stating that "[o]f the 88,000 practicing attorneys in New York State, only 432 provide full time legal services to the poor. At a time when government has neglected its obligation to provide adequate legal services funding, it is imperative that the legal profession pool its resources so that basic human needs can be met. Our role as officers of the court is one that should fill us with the desire to help those who are in desperate need of our services but are unable to afford them." Next, Kathleen Welch who spoke on behalf of BPILP said, "BPILP supports the mandatory pro bono proposal outline by your Committee as one way to begin to resolve the crisis in legal representation of economically and otherwise disadvantaged people. Any solution to the problem of legal servicesfor the poor must include elements designed to provide training and opportunities for practical public service experiences for law students. [W]e must train lawyers who will make a professional committment to full-time representation of the poor. This training should involve programs which help instill in [law students] the public service ethic." Christopher Thomas stated that the New York State Bar Association estimates that only 14% of the legal needs of the poor are currently being addressed. He urged "[T]he Erie County Bar Association, and the New York Bar Association to join [UB Law School] in seizing the opportunity to improve legal services to those who are without legal representation." He then presented a package of proposals which included LRAP, funding mech- AMERICA? THIS IS DARRYL by MCPHERSON wtTM DMUIH fl'rHEfiiON 14 The Opinion November 8, 1989 anisms for public interest internships and a pro bono clearinghouse managed by law students which would enable students to gain exposure to pro bono practice and which would expedite theprocessing of cases. Mark Schlechter, a member of the National Lawyers Guild, was the final UB Law Student speaker. He said, "[T]he terrible tragedy of poverty is one that continues to pervade our society. Vital legal services are denied to most poor people in New York State. Individuals are faced with losing their homes or are unjustly being denied health benefits and have no other recourse because they cannot afford to hire an attorney. Ithas always been assumed that in these situations [i.e., homelessness, unemployment, and the unavailability of health care] indigent people could rely upon the services of lawyers voluntarily doing public service work. Unfortunately, this is not the case. It is time that a firm and lasting committment be made to help solvethe problems of poverty... that a clear and unequivocal policy be stated and that each and every attorney in New York State must fulfill their [individual] obligation to the poor. Finally, it is time that we stop flaunting our principles and start acting on them." The Committee's last stop for hearings on mandatory pro bono is Rochester. They also held hearings in New York City and Albany. A final Report from the Committee is expected before the end of the year. Chris Thomas, Chris Reo, Kathleen Welch, Mark Schlechter �COMMENTARY Palestine-Israel Conflict Is Political, Not Religious While putting up posters in Capen Hall for a PBS produced film "Days of Rage" regarding Israeli treatment of the Palestinians in the occupied West Bank and Gaza, I was asked "From whose perspective is this movie?" "Days of Rage" has been labeled by pro-Israel activists as "Arab propaganda." Is it biased? Certainly, the conflict is very different when viewed from the eyes of the oppressed and the oppressors, as it is in El Salvador and South Africa. Yet we expect movies about El Salvador and South Africa to tell the story of the people who are being oppressed. It seems ridiculous that people concerned about human rights abuses would get excited about a movie telling the story of South African soldiers. by Mona Igram Is it Arab propaganda? "Days of Rage" tellsthe story of those who are being murdered, maimed and tortured in Palestine. In the past 22 months of the uprising there have been over 800 Palestinians killed, 15,000 permanently injured and 70,000 imprisoned. The bias in this story was not created by an Arab propaganda machine, but by Israeli soliders who shoot with guns and bullets paid for by the U.S.A. "Days of Rage," a movie which shows the brutality of the Israeli occupiers and the intransigence of Israeli settlers in the West Bank and Gaza, is a controversial film for one reason only. There has been a political climate in this country which has stifled any pro-Palestinian viewpoint and created a racism that is evident in the academic climate of university campuses across the country, including SUNY-Buffalo. Pro-Palestinian, in fact even Arab ac- tivism or presence has been unfairly equated with anti-semitism. This is a dangerous and racist equation perpetuated on the part of political supporters of Zionism in the U.S. It has become more than a political ideology, it has become a way of looking at whole people, and we feel theeffects of this racism daily. Last year, B'nai B'rith, an anti-discrimination committee respected by many Jews throughout the country, sent out a fundraising letter which presented a young, vulnerable student who "met this we got into a real guy on campus heavy conversation about Israel, the PLO, Judaismand my religious beliefs I got scared when I started to see his side of the issues." The letter equated this discussion with anti-semiticpropaganda and later went on to say tha#"The Arab presence on campus is poisoning the minds of our young people." The letter further stated "Join us in the fight against the forces that attack our Jewish heritage. With your help B'nai B'rith will continue to work against the cults, the antiSemitism, the Arab influence and the dissolution of Jewish tradition and culture." AIPAC, the American Israel Public Affairs Committee, publishes a book on Arab propaganda on university campuses (meaning organizations that work towards the recognition of Palestinian human rights). Independent organizations such as PBS are forced to defend commission of a documentary ("Days of Rage") that shows the Palestinian struggle for self-determination and human rights, and is forced to buffer the effect by an "objective" introduction and a panel of "experts" to discuss the film. ... ... (When is the last time you saw a pro-Israel piece buffered in the same way?) An editor at the University of Massachusetts daily newspaper wrote that the United Nations was "sickenly (sic) pro-Palestinian." Recently at the University of Michigan, the Michigan Daily was vandalized and a wall was painted with "PLODaily Jew haters will die." Shanties built on the University of Michigan campus listing the names of Palestinians who have died in the Intifada were burned (not torn down, but torched). So much for the free and open debate which is supposed to be fostered on university campuses. The political climate at the University of Buffalo is no different.The Palestinian Student Association had its budget cut by 30%, more than any other SA group, as its reward for winning last year's political activism award. A "Palestine Statehood Now" sticker was scratched out and replaced with Israeli Security, noting that "You (Palestinians) have nothing to lose." This statement may be true the Israeli's have taken everything already. Racist graffiti in the law school has included "Arabs are proof that niggers fuck camels" (here you have your choice of racist comments), "Arabs are a slimy, stinking smelly race of people" and finally "Arabs do not deserve human rights." It is this last comment, obviously phrased in the context of Palestinian struggles to end Israeli occupation and brutality, which illustrate the struggle in which Arab and American activists for Palestine are engaged. From B'nai B'rith's obviously racist fundraising appeal to physical attacks on college newspapers, this political climate has been cultivated — and accepted by far too many. There exists a climate of fear in the U.S. created by the pro-Israel political agenda which has permeated relations between Jews and Arabs in this country and created the myth that simply being Arab, and specifically Palestinian, poses some kind of a threat to Jews. This ideology has prevented Arabs from speaking out in favor of the Palestinian struggle for selfdetermination. The Intifada, as the Palestinian uprising movement is called, has given us back our voice in the U.S. We are angry that our voice was stifled in the first place. The perpetuation of the myth thatArabs are anti-semitic is a dangerous one. In fact Arabs are Semitic peoples, and Jews and Arabs share much of the same culture. The Palestine-Israel conflict is a political one, not religious and not cultural. Jews and Arabs lived harmoniously in Palestine for many years preceding the creation of Israel, and it will take a political solution for them to live harmoniously in the future. This solution includes the PLO, and this solution will be debated in the U.S. and every other country concerned with the beginning of a world where all peoples enjoy basic human rights. There are many people in this country who will not accept this politically-motivated definition of anti-semitism, including the many American Jews who have rejected the premise that the "Arab presence is poisoning the minds of our young people." This stereotype was not created by us, and it will not end through us. It is our job as Arabs to educate people that this stereotype is unfounded and racist. It is your job to listen. Deans Speak Out On Part-Time Employment The following letter was written by the deans of New YorkState law schools and sent to newspapers and law firms. As deans of law schools in New York State, we wish to express our shared concerns thatexcessive part-time work by law students during the academic year can detract significantly from students' law studies and reduce participation in important extracurricular programs. We urge you to join with us in adopting measures to discourage full-time studentsfrom investing too-much time during the academic year in work away from school. We recognize, of course, that part-time work for law firms, public interest groups, government offices and corporations can provide law students with resources necessary to meet law school expenses; nonetheless it is in the long-range interest of our students (and of their prospective employers) that they devote themselves as fully as possible to their education while they are in law school. The three years of law school are special, formative years in the life of young professionals. During those years, they learn the impact and the role of the law andlawyersinoursociety.lt is vital that, in these special years, they preserve time to contemplate the great issues theyencounter for the first time and to learn well the lessons they will carry for their professional lives. While the positive aspects of part-time work during the academic year should not be ignored, we all must take care that a proper balance is maintained between activities at Law school and activities away from Law school. Standard 305 of theAmerican Bar Association Standards for Approval for Law Schools indicates that full-time law studentsshould notengage in part-timework exceeding twenty hours per week. Some schools have adopted even more stringent standards. We ask that you, as an actual or potential employer of our students, recognize in your employment relationships with our students that law stu- dent employees have a primary need to meet their educational responsibilities. We hope you will join us in addressing what we believe is an important problem facing legal education. It is in the interests ofallconcernedthatwemeetthe situation. Martin H. Belsky, Dean Albany Law School Barbara Aronstein Black, Dean Columbia University School of Law Haywood Burns, Dean CUNY Law School at Queens John D. Feerick, Dean Fordham University School of Law David B. Filvaroff, Dean SUNY at Buffalo School of Law Howard A. Glickstein, Dean Touro College of Law Michael H. Hoeflich, Dean Syracuse University College of Law Beth Hoffman of 'Lawyers for Choice' addresses the crowd. Between four and five hundred Pro-Choice "die-hards" braved the cold rain to attend the "Stand Up for Choice" Rally in Lafayette Square on Saturday, October 21. For two hours, a crowd of umbrella-wielding activists surrounded a stage-ful of speakers ranging from doctors, to politicians to clergy. The "Ladies against Women" satire group gave a rollicking performance of several original songs. Twenty-six local organizations co-sponsored the event, which was run by the National Organization for Women. The Rally was a preliminary event to publicize the March on Washington on November 12 called "Mobilize for Women's Lives,'" also organized by national Organization for Women. Call 836-8440 or 633-7028 for more information. By Jane Schmieder Janet A.Johnson, Dean Pace University School ofLaw Russell K. Osgood, Dean Cornell Law School Monroe E. Price, Dean Yeshiva University Cardozo School ofLaw Stuart Rabinowitz, Dean Hofstra University School ofLaw Patrick Rohan, Dean St. John's University School of Law John E. Sexton, Dean New York University School of Law fciij r //, &it mA f/. • \ James F. Simon, Dean New York Law School David G. Trager, Dean Brooklyn Law School November 8, 1989 The Opinion 15 �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam BAR/BRI gave me structure that I needed for the bar. itself had no surprises. It was a living nightmare, but Looking back, I think I would be in tough situation ifI had to approach this on my own. I had a lot of BAR/BRI prepared me. If I have to do this again, I will take BAR/BRI again. friends who have been taking other courses and I've Albany Law School sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really What I like about the course is that it is really straight forward....ln addition to learning the law, you learn how to answer the questions on the exam and how to write a good essay and that's what really counts....l found the BAR/BRI personnel very helpful. I call the office all the time with questions and they have always Your course was worth the money. I couldn't imagine good job....The BAR/BRI personnel is very helpful. gotten back to me or answered the question being more prepared. If I didn't pass the fault in no immediately....l would highly recommend BAR/BRI for I've called Steve Rubin several times on the phone. way can be attributable to any misguidance on your He has always been available to answer questions. He anyone studying for the New York Bar.. part I also was very comforted by the feeling you all literally called me at 12 o'clock at night.Also, the NYU Law School conveyed that you're concerned and cared. It showed office people have been really helpful t00...J would that customer satisfaction is important to you and I I thought the lectures were thebest They're very dpfinitrly recommend BAR/BRI to anyone. . Columbia Law School am a satisfied customer! Thank you!! thorough. They give you all the information you need Albany Law School to know. That's what I like beat about BAR/BRI. • NYU Law School The lecturers were really terrific, I expected that lam very happy with the BAR/PRI program. I feel sitting in front ofaTV 3 hours a day would be that you provide an excellent program and I would unbearable, but for the most part they made italmost I would definitely recommend the course to friends. I highly recommend it to others. If I do not pass the think it's a good way to prepare for the bar. It does mn enjoyable experience. bar, it will not be because of a lack of effort on behalf Cornell Law School not put that much pressure on you. I followed the of the BAR/BRI personnel. Thank ydu for all your schedule. I found that during the course the schedule nel Plam completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me Brooklyn Law School feel that BAR/BRI prepared me extremely well for the a lot of free time up until the last day ofclass. Preparation has not been that painful at all. exam, and I would certainly recommend your course. All in all, I was very satisfied with BAR/BRl...After CornellLaw School NYU Law School hearing what Pieper does to his students' poor hands, since m impressed operation very with the whole I'm truly glad I chose BAR/BRI. Variety is very good '» The program ■„ weU-organi2ed and set-up to "spoony°" really have a captive audience, I expected a lesser in the course of a summer. feed to audience. 3 yearB of level of professionalism and caring. I have friends in Brooklyn Law School Uw Khoo}< we>re ,]] tired and this is just what is other courses, some of whom are subjected to scare neo ded. I also appreciated all the "pep talks" and tactics and panic lectures. I appreciate the lack of the encouragement given throughout the lectures. 1 would I was generally satisfied with the lectures and very mmc at BAR/BRI. glad for all the written materials you gave us (the highly recommend your course, outlines and practice questions). In addition, I " Fordham Law School Pace Law School appreciated your obvious support and encouragement I was very pleased with what I was taught. The way ovenJJ very ntiAei with BAR/BRI would for us during this very stressful period. It was presented and the respect BAR/BRI shows its Brooklyn Law School recommend it to students in the future. Great job! students. A professional, warm and top notch job! Thanks' Thank you! Thank you for Essay #6 on the Bar. I was tired but p aca L-w school Fordham Law School when 1 saw the question, what an adrenal surge. I did " well in the bar but having done Easay #6 already and For the roost part I liked how they broke everything The materials »re very good. The most important knowing the model answer was a gift Thank you. down jnto to reraember bits ,nd pieces. It's not thing ut the <*>*"* °>ey *<ye you what's Brooklyn Law School nalx M „,„,„„!„_ „it was in law 5ch001....! would »^ important and what isn't So you can know what is recommend the course to my friends and 1 h.ve "kely to be on the test...The BAR/BRI people were egonea mA fmm what BAR/BRI was excellent It prepared me for the bar. Xaidng very helpful. They are very, very nice and very Hopefully, Ino longer need your services, but I would j them d much heti£T cooperative. I'm very pleased. do BAR/BRI again. I learned the Uw, not just p-c# school memorized mnemonics and for that I am grateful. " Fordham Law School Brooklyn Law School „ BAR/BRI was the best preparation for the bar exam. Tms u.wntten 7/31. I feUweU prepared for the The staff cared about the students. BAR/BRI eased questions on the exam. Where I was unsure I had no The most effective thing about the BAR/BRI course uaittv of the bar exam g,' was the frame work. It's pretty rigid...You know what P«>blem making something up....N0 doubt you heard School ]ast •■■■» the Jmort Identical to a practice you should be doing at all time....l seem more happy ™ question. Good show! with BAR/BRI than other people seem in other BAR/BRI is to be praised. No gimmicks they were GeorgetownLaw School wanes. not gurus. Merely stress hard work without falling off Brooklyn Law School the deep end. I would, and will give my stamp of «»«.'..•_»■-.» ioy y y one •pp"""1 to friendB taw rtudente •■* im taw **"**■ *• wh wiU U t n Th,u,k you for runnlß ■ ■"* daBß I was very impressed with BAR/BRI. The methods, j--v»h Cfhoni " "•rv ra L w scricol techniques and materials were all very helpful. Most operation. of all, I appreciated the way BAR/BRI made itself -St John's Law School ~„ «. ~ like the fact that they have been very realistic about I available to each member individually; to give your _.. 7~. * / V€,y "<* BAR/BM CoUrBe The ™ personal home phone numbers to thousands of people n c he fcrt ,ecturerß were ■» •*> Cresting. I took no was both -daring" and commendable. No matterwhat *"■* there B the results of my exam will be, I know I will «* •*» <«*' "■«««««» that the »*•> Coane I ve COU e ■"*• me demMte P™P««tion. recommend BAR/BRI to others. God Bless! ' essays...! think that my chances on passing are a lot st. John's Law School Buffalo Law School better with this course...l took BAR/BRI under recommendation and I would certainly recommend it I think BAR/BRI is a good course. It gives students I would recommend the course to others and don't to v ixen everything they have to kn0w...1 found BAR/BRI regret my choice. people to be very responsive. I found thatwhenever I ' Harvaf< L w School Buffalo Law School needed help, they were there to help me 0ut...1f I iol, ■""*««««»• «*] ting t ,i "&«* the course, I could always go to the tape BAR/BRI was great as far as giving me emotional f, York State and Multistate exams (and before NJ). I lecture. I could go to the office and just listen to the support and confidence in what I did know; (not to tell you that you all did a tapes. I found that to be very g00d....1 would definitely shaking my confidence because of what I didn't know, job and deserve much praise. Thank you! recommend BAR/BRI because it covers everything you like other bar candidates) .In addition, the good luck terrific Hofstra Law School have to know. letter made me feel good. Thanks. John's Law School " Cardozo Law School I thought BAR/BRI was outstanding in every way and 1 Mto P mme d I didn't find out what I liked about the course until r? w,d the*?B^/B l "\ IYou can be ' tost night when In. talking to one of my friends who •** P""" 1rf ytrar orû""*ation. was taking Pieper and even though he had all " New Yock L w School mnemonics d0wn...1 just found that he didn't have the grip on the substantive tow that I thought I did....1 , „ eon e BAR BRI h ed Uunk the lectures really lay everything out for you. ? experience a lot more bearable. I'm "*****< "?*•.' They give you enough of an overview that is required glad I took the course, to really be able to handle the essays. I would " NTU L w Schc ol definitely recommend the BAR/BRI course to a friend Cardozo Law Srhro! • - . - . - . - - - - . . - - - .... . . ** ***** . . . - . .. .. ~ - - - ** ." * -. " *" J."?r? ! e^"'* ■■«'•s''*• __ ' " "™ - ?£ *£ s™* " ** * * **? * .* < * BAR REVIEW 16 The Opinion November 8, 1989 - .. fP - - .. .. ... . .. . . . , £* M*° ?*? .If UT* *?» '"' l^ .> * '"* ** » ««»»« *** *** *!. J "*% £2*? " ! ST?* • ' °"w* * , _ . V £? *? - • _ • ... „,«.., - « ** . ° � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-11-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/8/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 7 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/aa35afc73931933b1db4773a5640cfdb.pdf eade756cdc132fbfae4096193ee77e2a PDF Text Text TO HE PINION Volume 30, No. 8 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW November 22, 1989 Professors Debate The Merits of Civil Disobedience On Wednesday, November 8, 1989 the Buffalo Federalist Society presented a debate the issue being: "That we live in times when it is appropriate for law professors to engage in, and encourage, civil disobedience."The participants were Jeffrey M. Blum, SUNYAB's Associate Pro fessor of Law and Walter Berns, a John M. Olin Professor of Government at — by Maria Germani Staff Writer PROFESSOR JEFFREY M. BLUM Prof. Blum began with a definition of law and the attributes it should have. According to Prof. Blum, law is "a kind of ideal realized in practice to greater and lesser degrees." The five attributes law should have are: 1. The notion of orderly procedure; 2. An ongoing dialogue between legislators and their constituents —"state officials all too often become or get too far out from people"; ing smoking marijuana, as an analytical example in his discussion of civil disobedience. According to Prof. Blum, "sometimes the law becomes dragged down, and it's the duty of the citizens to reach down and get the law out of the gutter, so it can function the way it's supposed to function." Prof. Blum notes that the disobedience of laws prohibiting smoking marijuana is justified for several reasons. While government may regulate to protect the health and safety of citizens, freedom to participate in a religion of one's own choice is protected by the First Amendment. Prof. Blum remarks that the basis of policy for those laws prohibiting marijuana is not safety referring to marijuna's less addictive and damaging physical effects compared to alcohol. Prof. Blum portrays certain drug policies as an "abandonment and abuse of law" with the "tyranny of the majority [standing] in opposition to valid law." Besides the lack of validity of these laws (five years in jail for possession of a joint), Prof. Blum attacked the absence of truthfulness from these laws. The "dominant group has disavowed truth as a goal" and participates in the "deliberate spreading of misinformation." Prof. Blum specifically referred to the big campaign mounted by the Government against marijuana, and the flood of commercials depicting pot users as lazy, shiftless, and irresponsible. "Laws against marijuana are based on immorality and unfeasability." Referring to the Assets Forfeiture Statute, Prof. Blum noted that government reaches a point where it needs "more and more Draconian law to make it work." For all these reasons, "it becomes the duty of peopleto makelawfunction good [sic]." — Professor Jeffrey Blum and Walter Berns shake hands after the debate 3. Truthfulness"law cannot rest on lies and deception"; 4. The idea of spontaneous order "law degenerates into various rates of Lee Albert, Blum took the affirmative side breakdown" of the issue while Prof. Berns argued its 5. A moral grounding "law must be a negative. Both participants were allotted 15 minutes to present their side, as well sincere application of morals shared by society." as 15 minutes of rebuttal. Afterward, each participant posed questions for the other to answer. The debate concluded with Prof. Blum used America's "War on questions from the audience. Drugs," specifically those laws prohibitGeorgetown University. Prof. Berns also taught at Cornell University and the University of Toronto. Moderated by Dean — — — PROFESSOR WALTER BERNS: Prof. Berns began with a brief discussion of Martin Luther King and his "open, non-violent and loving breaking of the law." According to Prof. Berns, civil disobedience is an appropriate form of action only for citizens people who share in the making of the law. "Martin Luther King wanted to reform the law not the system." [HeJ wasn't engaged in civil disobedience as he defined it. He was just testing the Constitutionality of Birmingham law." Prof. Berns' core analysis is the Constitution's recognition of the difference between a Constitutional finding of law and the breaking of law. According to Prof. Berns, civil disobedience is the refusal to obey the law of the Constitution. Such disobedience is an "appeal to a justice not found in the Constitution." Prof. Berns' major problem with this is most succinctly put in the questions he posed; "Who has access to this higher than higher law? Everyone or someone? What elevates one person over another?" His answer to the questions he presented was, "everyone is subjected to the rule of law even those who say they are above the law." According to Prof. Berns, judicial review is an option over breaking the law a "civilized civil disobedience." To test the law, you only have to avail yourself of the process of law. Prof. Berns recognized that special circumstances do exist where you can't test the law unless you break it. A recent example of this kind of situation occurred with Gregory Johnson's act of burning the American flag. Prof. Berns' rationale for choosing judicial review over civil disobedience: "We don't want to br !n" thic c "ctom «* law into disrepute." (continued on page 3) — — — — Environmental Activist Speaks At Woldman Theatre November 7,1989 in Woldman Theatre at 7:30 p.m. Lou Gold, the "Johnny Appleseed of Oregon forests," held a dis- cussion he called "Saving America's Ancient Forests." The purpose of the talk was to garner support to make Siskiyou by John B. Licata Staff Writer Lou Gold National Forest into a National Park, a move that will protect the "old growth forests" from the encroaching timbercorporations Holding his hand-made Bald Mountain talking-stick, a five foot piece of Douglas Fir that doubles as a pointer for his effective slide presentation, Lou has the appearance of a character stepping out of a J.R.R. Tolkien novel. Bandannaed and bearded, wearing a spotted-owl t-shirt and jeans, Lou Gold represents the archetypal vagabond storyteller. He weaved together the history of the "old forest," the economic factors that put the loggers in their present predicament, and the peril of losing the precious temperate rain forest. To encapsulate his discussion is to transcribe poetry into prose, a method more favorable to cases than causes. Lou Gold began his ecological activist career near Bald Mountain by sitting in front of a bulldozer with three men from Earth First. At the time, the three happened to be the entire membership ofEarth First. The logging company pickup truck eventually dragged one of the protesters approximately sixty yards up the dirt road. The local television news crew happened to be at the scene and recorded the event which sparked the grass roots movement presently working for Siskiyou National Forest to become Siskiyou National Park. "In the park it is illegal to cut trees, while the [Park] Service presently negotiates contracts for over sixteen billion tons of timber per year." "Theold growth forest has obtained the perfect balance between death, decay and life, birth, and growth: two elements in perfect harmony." Lou Gold pointed to nature as a "pure recycler" stingy with her resources in the continual pursuit of diversity and stability in the ecosystem. Dead trees form an integral part of the system. In contrast, the industrial forestation view of a forest resembles "the teenage view of perfect health: no zits." An effective argument for preservation of the existing forests was thefrustrating encounter he and fellow conservationists had while trying to save a stand of thousand year old trees known as Millen- mum Grove. His fellow activists spent four weeks in the limbs of these trees during the onset of winter in a successful delay tactic against the logging companies. Logging operations shutdown for the winter, giving the environmentalists time to provide the court with new data regarding the historical and ecological significance of Millennium Grove. It was an effort to reopen a contract between a logging corporation and the National Park Service. In contrast, the logging corporation had a legal point to assert when it continued on page 4) Handicapped Access Improving Over the past few years O'Brian Hall has undergone a series of physical improvements in an effort to make it more accessible to the physically disabled. The administration has also taken steps to accommodate the individual need of physically and learning disabled students. However, there are still many barriers (not just physical) for disabled students. by Maria Schmit Staff Writer In February 1988, a Committee on Law Students with Special Needs was formed. The Committee, chaired by Professor David Engel, is composed of students and faculty members. The first task of the Committee was to explore the law school and identify physical barriers as well as to examine the law school's policies and programs to determine if they met the special needs of the students. In October of 1988 the Committee put out a Final Report and Recommendations. The Report concluded, in part, that: "the Law School must take prompt and aggressive steps to ensure that persons with physical and learning disabilities may fully and freely participate in all aspects of Law School Life." Consequently, the law school has made many improvements. Assistant Dean Marlene Cook, whose position involves dealing with problems associated with the building, has been very instrumental in implementing physical changes. Various problems that had been identified by the Committee, have since been improved: floor drains were installed in the entrance vestibules; old mats were pulled up and the floors were leveled; the new surface was painted with "non-skid" material; stairwells from the basement to the top floor were painted brighter to help (continued on page 11) HIGHLIGHTS Law School Registrar Helen Crosb) retires after years of service to UB page 3 Compassion is the Fashion this season page 7 Commencement committee update page 9 �Without Pieper, You Could Get Eaten Alive.... It's a jungle out there. You need A Bar Review Course you can depend on to carry you through even the toughest situations, a course that knows it's business. That's what you'll get at THE PIEPER BAR REVIEW. It provides a complete lecture series, essay writing, multistate practice exams, books and a seminar for the MPRE exam. All this plus John Pieper's class room guidance. Think about it, and join us for your Bar Review journey. — ~~ PIEPER NEW YORK MULTI STATE BAR REVIEW, LTD. 90 WILLIS AVENUE MINEOLA, N.Y. 11501 (516) 747-4311 2 The Opinion November 22, 1989 �Helen Crosby Retires After 45 Years of Service To UB This semester marks Registrar Helen E. Crosby's last year at ÜB. Starting at the Main Street campus and then at the Law School, Ms. Crosby has helped to keep the records at UB straight for almost half a century. by Len B. Cooper being especially memorable. In particu- she described the hectic spring semester of 1969, when the campus sported riot police and tear gas, as being "not very pleasant." That semester was dubiously highlighted by thefirebombing of the Main Street campus office of records. Not many people would think to lar, Staff Writer Ms. Crosby started work at UB in 1954 as Assistant to the Director of the Office of Admissions. She was attracted to the admissions office because it offered a variety of assignments. She was attracted to UB because it offered "more of a small college atmosphere." Ms. Crosby stayed at the UB Main Street office for twentytwo years. When the Law School was organizing its own office of admissions and records, they looked to Ms. Crosby to provide the experience and capability that was required. She did all of that and more. She continued on at theLaw School, starting as Assistant to the Registrar and eventually becoming the Registrar, and will end her distinguished career with the close of this semester. Ms. Crosby recalls the late 1960s as Helen Crosby look at all of the consequences which such an act really entailed. But to Ms. Crosby and the A&R staff it meant a massive clean-up effort as they painstakingly reconstructed the student records and got the school running efficiently again. Amidst such chaos, Ms. Crosby was able to keep a cool head. Ms. Crosby modestly stated: "I was never afraid." Four decades of service produced many changes in the school's record keeping system. By far the most striking was the conversion of the school records to computer data during the 19605. Ms. Crosby recalled the pre-computer days when trays and trays of student records were meticulously sorted by hand. Those days have disappeared. Ms. Crosby foresees a time whenalmost every aspect of student record keeping will be done by computer. Under such a scenario, a student would be able to register for courses by logging onto a computer and completing the whole process automatically. In addition to the variety, the thing which Ms. Crosby has enjoyed the most about working at UB has been thecampus atmosphere itself. Ms. Crosby takes special pride in her direct knowledge of dozens of students and faculty whom she has met over her tenure at ÜB. When asked what she liked least about working at ÜB, Ms. Crosby replied good- naturedly: "The first day of add/drop! It's the most busy day of the year; it's always like that!" The staff at the A&R office had nothing but good things to say about Ms. Crosby. "I love working with Helen," said Sharon Leone who is on the Registrar's staff. "She's contributed a lot to the law school, to the University, and to me personally." This sentiment was echoed by Technical Specialist Marie McLeod who was happy to see that The Opinion was doing a long overdue article on Ms. Crosby: "Helen does a lot of things that no one realizes. It's good to see her get some recognition." When asked which of Ms. Crosby's qualities stood out most in her mind, Ms. Leone replied: "No matter how rude some people are, Helen is always nice. She is always smiling!" When asked if there was anything in particular she wanted this article to include, the ever faithful Ms. Crosby replied that The Opinion should be sure to tell students to watch for next semester's registration material around November 20. Yes, the semesters at UB will continue, but they won't be recorded quite the same without Helen Crosby. Financial Aid Office Now Provides Counselor To Law School This year, significant improvements have been made in theLaw School Financial Aid Office. For the first time, the University's Financial Aid Office has devoted one of its counselors to part time work at the Law School, thus eliminating the need for Graduate Assistants in the Law School Financial Aid Office. by Donna Crumlish Editor-in-Chief For the past eight years, Graduate Assistants had been used to satisfy the need of law students to have on site financial aid assistance. Although the Graduate Assistants put forth tremendous effort, there were serious problems with the system. The Graduate Assistants were not always well informed on current financial aid matters. This was not entirely their fault, however, as they were expected to carry on studies as full time students and devote twenty hours a week to the Financial Aid Office. The changing nature of financial aid rules and regulations made it impossible for them to keep current on all Mr. Ganser added that University-wide, more changes have also occurred within the financial aid system. "The Capen Hall Financial Aid Office has also expanded... we now have two full time counselors, besides Karen, that are available throughout the week to assist studentswhen they are unable to get in to see Karen during her office hours." Another big change that has occurred is the computerization of theLaw School Financial Aid office, so that it is on line with the Financial Aid Offices on the Main Street Campus and in Capen Hall. The Law School Financial Aid Officer no longer has to keep track of numerous student files, as information on a student's financial aid situation can be called up on the computer instantly. One of the biggest advantages of having an experienced Financial Aid Officer in the Law School is that the Officer is familiar with the system and the key players in the other Financial Aid Offices on campus. matters. It was also difficult for Graduate Assistants to make themselves accessible to students. They had to set up their office hours around their class schedules and as a result there were always some students who were unable to meet with Graduate Assistants. Dr. Marlene Cook, Assistant Dean at the Law School, was instrumental in revamping theLaw School Financial Aid Office. Dr. Cook was hired by the Law School in April of 1988 and financial aid was one of her main projects. Upon investigating the financial aid situation she discovered that "students were outraged at what was going on" and she felt "the Law School was advertising a product we couldn't deliver." Dr. Cook met with students last spring, including last year's SBA President Kimi Lynn King, to help clarify the problems and determine what changes needed to be made. Ms. King said "One of the main problems was that all of the student's animosity aboutfinancial aid, no matter what the reason, was taken out on the Graduate Assistant. Graduate Assistants were literally accosted in the hall by students demanding to know information about their financial aid situation. The need for institutionalization of the system was definitely one of the main problems and this new system has gone a long way toward solving this problem." Hugh Ganser, the Coordinator of the Amherst Campus Financial Aid Office, participated in implementing the new system. He said that the main change is the elimination of the Graduate Assistant's role in Financial Aid and the placement of an experienced Financial Aid Officer in the Law School, part time. A Financial Aid Officer now spends a minimum of twenty hours a week in the law school. cial aid services at the Law School." Ms. Kubiak agrees that the student response is positive and that the system is working. "During the slower times of the year, like now, I see abouttwenty students a week. Earlier in the school year when most financial aid business is transacted, I had lines of students waiting to see me, but these lines moved quickly." Adds Dr. Cook "Luckily those lines were in this building and the law students were not competing with the undergraduates." A new and improved Law School Financial Aid Office can do little however, to change the state of financial aid in the country. Mr. Ganser explained "The Federal Government has put more rules and regulations into place, and more of the responsibility for funding education has Debate been placed on the student and the student's family. There also has been an increase in the number of characters involved in the process. Besides, the students and the University, the process also includes banks, the New York State Higher Education Corporation, and the Federal government." This year an extra effort has been made to educate incoming students on financial aid. Dr. Cook said "From the time the student got accepted we were sending out materials on financial aid so there would be no question about whatis going on." Dr. Cook, Mr. Ganser and Ms. Kubiak are always looking for ways to improve financial aid services at the Law School and are glad to hear suggestions from students. from page 1 PROF. BLUM'S REBUTTAL: Hobbes and their belief that humans are Civil disobedience is a process of naturally disobedientand require instruction on obedience. "What emerges is people engaging in "a law-making funccommand." Civil disobedience inherently tion." Prof. Blum notes that one of the functions of law is to teach, and an act of includes the willingness to accept punishment, and according to Prof. Berns, civil disobedience is merely a method of "teaching civil disobedience teaches raising questions. Seen in this light, civil everyone with the hope it's successful disobedience becomes a "process of law." "Almost eveyone is part of the prowith everyone." Prof. Berns final statecess of law." ment was "Law school should teach civil obedience, not civil disobedience" and Prof. Blum was particularly troubled by added "Not a great idea, just a suggeswhat he coined Prof. Berns' "fallacy of the excluded middle" theme. Prof. Blum tion." was referring to Prof. Berns' classification PROF. BLUM of people either under the law, or above Prof. Blum remarked that governments it. "We're all under the law vulnerable to it. If those with guns want to inflict are not perfect as Prof. Berns portrays them, and concluded by pointing out that punishment, they may." According to Prof. Blum, this theme doesn't answer policy-makers are overly concerned with keeping the value of obedience, resulting what kind of dialogue exists. In a process of representation, Prof. Blum believes the in Americans being "railroaded like catfactual dialogue should be on the same tle." As an example, Prof. Blum referred to level. studies that reveal Americans who believe Prof. Blum further contends that while marijuana should be legalized but are Courts do test the Constitutionalityof laWj afraid to sign their names on a petition. they are not infallible.Courts exist as "vicProf. Blum directed our attention to certims of the same process that corrupts tain "danger signals" such as Congress the process of representation. Judges can keeping the defense budget very high. be carriers of prejudice." Prof. Blum be"People are reluctant to give up the Cold lieves there is a distortion of facts because War because it is part of the institutional courts are often so weak on facts. One mission." result is institutionalized ignorance, PROF. BERNS which Prof. Blum partly blames on the Prof. Berns first responded to Prof. media, as well as "all of us for allowing it." Blum's assertions and then attempted to PROF. BERNS REBUTTAL: steer the discourse back onto the topic of "Our slogan is not 'No taxation!' It's the debate. "Any world government 'No taxation without representation!'" would be world-wide tyranny. Today Prof. Berns directed our attention to the we're talking about civil disobedience." "legislative debates, 'whereas' clauses, A final question Prof. Berns posed to public debates, legal briefs filed for or Prof. Blum was "Why don't you have alot against, and decisions of courts" as of faith in representative government?" examples of participation in and the proto which Prof. Blum's reply was, "Proporcess of law. tional representation would be better." Prof. Berns acknowledged that "[o]ur Prof. Berns concluded by questioning as laws must give reason it's part of the well as offering an answer to the method teaching process" and as citizens and beof determining "the moral sense of the neficiaries of the law, we have an interest community." "A Gallop Poll? Isn't that in having law obeyed. He referred to the what our system of representation is supFounding Fathers' reliance on Locke and posed to do?" November 22,1989 The Opinion — Law School Financial Aid Officer Karen Kubiak Karen Kubiak, the current Law School Financial Aid Officer said, "The Graduate Assistants didn't work very closely with the Financial Aid Office because they didn't know the people neither could the Graduate Assistants keep students' files current. Before, the Graduate Assistants had to tell the student what they needed, the student had to submitit either at Capen or Main Street and waittill it got on the computer system before they could complete one transaction. I can do the same thing in a day. This new system can save students up to a month's waiting time." Student Bar Association President Chris Reo feels "The change in the Law School Financial Aid office is probably one of the better things that has occurred in the Law School in the past year." He said the student response to the services provided has been very positive, "We used to get at least one complaint a day about the way things were run. Since the new system has been put into place we have not received one complaint on finan- .. — — 3 �BELS Sponsors Discussion On Greenhouse Effect As the Earth's ecosystem struggles to countervail the effects of increasing C0 2 emissions and a string of unusually warm years in the 80's George Bush (our environmental president), "just said no" to the Greenhouse Effect. This point was made by Paul MacClennan, Environmental Editor at the Buffalo News, during the "Dialogue on the Greenhouse Effect and Energy Choices" held in Woldman Theatre, November 8. by Jim Monroe Staff Writer Mr. MacClennan called Bill Riley, the U.S. emissary to the International Global Warming Conference this month, a "national disgrace." Bill Riley was sent by Bush to tell the conference that the U.S. will not vow to cut C0 2 emissions by any amount by the year 2000 A.D. and that a) the Conference was the improper forum for modifying C0 2 emissions and, b) that more study needed to be done on the problem. Japan and the U.S.S.R., who account for 6% and 19%, respectively, of global C0 2 emissions joined the U.S. (25% of emissions) in attempting to defeat the efforts of the rest of the world to limit planetary destruction. Mr. MacClennan's comment wss part of the faculty panel discussion sponsored by the Buffalo Environmental Law Society, the UB Recyclers, the Law School Dean's office, and Conserve ÜB. Joining Mr. MacClennan on the panel were ÜB's own Virginia Leary, International Law, Les Milbrath, Political Science, Paul Reitan, Geology, and Fred Snell, Biophysics. The comments about the inactionof our elected officials in the face of mounting scientific evidence led to an immediate interruption of the proceedings by a small group of briefcase wielding people in the center of the theater who said "Congress is doing a lot (about Global Warming)." Les Milbrath shot back, "None of the legislative bills on the table in the last ten years has ever gotten out ofcommittee." A woman in the small group replied, "Hey, we're all educated about the problem in this room, but Congressmen are elected to make informed decisions about things that affect our lives. Would you have themmakean uninformed decision?" Walter Simpson, the moderator, then interrupted and decided that even though the audience participation wasn't scheduled to start until after each speaker had made an initial presentation the speakers were amenable to questions anytime. Les Milbrath and Paul MacClennan agreed to reply to the woman's query. Les said that we now know enough about the dangers and probabilities of global warming to make the choice between apocalyptic consequences of inaction and relatively simple conservation measures. He exhorted the audience not to allow our government to play planetary politics with the environment and "to reach across borders at the grassroots level." Paul MacClennan declared that, "we can't wait until the last shred of scientific evidence is in until we decide to pay the price of implementary conservation — measures." MacClennan also decried the fact that the town planners in Buffalo created a subway system and a trolley car system that served neither Rich Stadium nor the "Gulag Amherst campus." Virginia Leary agreed with Les Milbrath's call for a grassroots global approach and referred to the U.S.'s refusal to endorse the international conference's recommendations on control of C0 2 emissions. She said that the U.S. tried to say that the proper forum for the recommendations would have been the U.N. Meteorological Organization which is controlled by the U.S., U.S.S.R., and Great Britian. Ms. Leary also noted that Third World countries may be reluctant to go along with international emissions proposals as they feel that the Western nations have had a party at their expense and should bear the full burden for correction. In developing nations, environmental protection standards are a serious impediment to progress. Paul Reitan and Fred Snell looked atthe depth and breadth of scientific evidence on global warming which has led even the traditionally conservative NASA scientists to sound the alarm. They reiterated that it is getting more and more difficult for Bush insiders to find credible scientists to support the "wait and see" approach. Mr. Reitan used overhead projections to show the correlations between the amounts of atmospheric C02 found in glacial core samples (corresponding to different geological epochs), and known temperatures during these epochs. The graphs were almost identical with higher and lower C0 2 levels slightly foreshadowing higher and lower temperatures, respectively. Mr. Reitan's research insinuates that recent correlations in increasing temperature and C02 emission are not mere random variation and that the high temperatures we are now feeling are not caused by the increasing present levels of C02, but by lower past levels of emission. This could mean that within our lifetime we will reach average yearly temperatures that would drastically change ecosystems, especially in the higher latitudes (which are affected more than equatorial regions). Mr. Reitan recalled that Bush's science advisor, Mr. Bromley, had recently been asked by Senators Al Goreand John Kerry what steps the administration was willing to take to deal with global warming. Mr. Bromley deflected the question as premature until the economic efffects of C0 2 production had been fully ascertained. Mr. Reitan warned "We have embarked upon a global geophysical experiment without any way to stop unplanned results." Fred Snell's research took a more "in your own backyard" approach to the problem. He said that it would take 68 square miles of new growth forest to consume ÜB's contributionto C02 emissions. The problem, said Snell, is that forests are being levelled, not planted. Mr. Snell also gave statistics for yearly Law Student Softball Team Wins Intramural Championship The summer gone? On October 29, UB Law's intramural softball team, The Swartz, ended its 8-0 season by capturing the university's intramural softball championship. The Swartz (a name derived from the term used in Mcl Brook's Spaceballs and ÜB's own family law instructor) played its two most challenging the Swartz giving new meaning to the term "take no prisoners." The semi-final game found the Swartz on the top side of a 10-2 drubbing of a fraternity team. In the championship game, the team breezed to a somewhat anti-climatic 22-1 blowout. Stars on the team included defensive standouts Dan "The Vacuum" Mentzer, and Chris "Take a Pitch" Reo; outfield by Dick Young stalwarts Paul "I got it, I got it" Wojtasek, games of the season in Saturday's playoff John "Mr. Leadoff" Langey, Franklin contests, beating Pain & Suffering (the "Stubbs" Fontana, and Barry "Bear-Wa" McFadden; Andrew "Clutch" Culbertson; other law school softball team) by a close (9-8) margin in the first game, and the UB and Marc "Ten-Minutes Notice" WeinBaseball Club team in the sepond game berger. The championship season was the first for the three-semester-old by a similarly close score of 7-5. On Sunday, the team's bats came alive. ballclub. The Opinion November 22, 1989 4 energy consumption in the U.S. as 320 million BTU per person compared with less than 50 thousand BTU per person yearly in Brazil and far less in other developing nations. The panel members agreed that energy choices we make today will determine the lives we lead (or may not lead), tomorrow. One member of the audience felt that the global ecosystem would somehow adjust to the C0 2 levels in the next 50 years or that the present temperatures were just part of cyclic fluctuations. Paul Reitan re(continued on page 9) 1989-90 MOOT COURT BOARD EXECUTIVE BOARD: Gary P. Hal I,Director; Leah S. Ranke,Assf. Director, Jeffrey P. Markello, Treasurer; Christina M. Berninger, Secretary; Elpjniki Moumoulidis, National Competitions Director SENIOR BOARD MEMBERS: Margaret E. Barton, Deirdre M. Bowen, Mary Catherine Callahan, Nan B. Clingman, Barbara Colucy, Thomas J. Deßoy, Kathleen M. Doyle, M. Patricia Drmacich, Kelley M. Eckmair, Sara Faherty, Frank V. Fontana, Grace Gannon, James R. Grasso, Beth Irwin, Donna Marie Karas, James P. Kennedy, Kimi Lynn King, Jonathan Kurens, Shawn D. Lavery, William A. Levine, Catherine Marra, Daniel Mentzer, Mary Lisa Mikan, Karen E. Murray, Kathleen Ranni, Colleen A. Sloan, Edward L. Smith, Kathleen F. Smith, James Snashall, Lawrence Wood. ASSOCIATE BOARD MEMBERS: Naomi Adler, Maurine Berens, Shawn Black, Mark Doane, Kevin Doyle, Rodger Doyle, Sebastian Fasanello, Dennis Fordham, Down Foshee, Allen Friedman, Thomas Galligan, Mary Ellen Gianturco, Kenneth Gossel, Robert Heary, Tammy Heckman, Diane Herrman, Kirstin Jahn, Rachel Kane, Eric Katz, Ella Krzanowicz, Brian Lauri, John McGuire, Kimberlianne Podlas, Anne Purcell, Maurice Recchia, Kathleen Reilly, James Sacco, Mary Beth Scarcello, Gerald Schaffer, Pierre St. Hilaire, Alan Voos, John Walsh HONORARY BOARD MEMBERS: William Bee, Alan Birnholz, Jennifer Dillon, Michael Flaherty, Stacy Glover, George Kotlarz, Alicia Rood, Linda Salmon, GingerSchroder, Sandra Wallace, Scott Tompsett, M. Kip Welch, John Wenzke 1989 Desmond Competition Award Winners WINNERS: FINALISTS: SEMI-FINALISTS: Stacy Glover, SandraWallace Kevin Doyle, JohnWalsh Allen Friedman, Eric Katz Pierre St. Hilaire, Kimberlianne Podlas QUARTER-FINALISTS: Rodger Doyle, MaurineBerens Ginger Schroder, John Wenzke Kathleen Reilly, Kenneth Gossel Tammy Heckman, Mary Beth Scarcello BEST BRIEF BESTORALIST 1st Kenneth Gossel, Kathleen Reilly 1st Kathleen Reilly 2nd Robert Heary, GeraldSchaffer 2nd Sandra Wallace 3rd Anne Purcell, Eric Doherty 3rd Kimberlianne Podlas 4th Ginger Schroder 4th Eric Katz, Allen Friedman sth JohnWalsh, Kevin Doyle sth Linda Salmon The Board would like to applaud the hard work and effort of all the students who competed in the 1989 Desmond Competition, and congratulate those who were extended offersof membership. This year's competition was of an extremely high caliber, and we hope everyone involved benefitted from and enjoyed the — ——— — — — — — — experience. Activist entered Millenium Grove under a snow melting, brightly shining sun, and decimated the entire stand of trees the day before the court had scheduled a hearing concerning the Park Service contract. The company wanted to uphold the sanctity of a contract, Lou talked about the re-forestation program promoted by the logging corporations that "change a balanced forest into a tree plantation. They are about as alike to the forests they replace as the corn fields that replaced the prairie" in the American mid-west. Presently, 50 square miles of the Siskiyou National Forest has been deforested. Olympic National Forest and Mount Hood National Forest represent the future of unprotected forests as, "forests without trees." Lou asserted "all of it is subsidized by your tax-revenues, otherwise it couldn't be possible." Recently, a fire, known as the Silver Fire, raged through the Siskiyou National Forest damaging many of the Douglas Firs but acting as nature's broom by clearing out underbrush and diseased trees. The U.S. Government conducted an extensive, and expensive, study of the problem and concluded that the logging companies should go in and remove the dead trees by helicopter. Lou explained the actual cutting that ocurred was "akin to mugging a burn victim. It was just horrible. Live trees were cleared as well as those that had burned to death." For his efforts Lou has been the subject ofintimidation by various means. In a presentation to a community group in Wyoming, the meeting house was surrounded by timber-hauling truckers who revved their formidable engines continually during his discussion in an effort to drown out Lou's voice. "It was like a Civil Rights event out of Alabama in the 19605." In a separate incidentLou viewed from a distance a helicopter land at his replica of a Sioux Medicine Wheel. Ac- from page 1 cording to Lou "it was a daring daylight raid by three grown men against five sticks, some pieces of cloth and a circle of stones. It took me three hours to rebuild the Medicine Wheel but it will take three hundred years to replace these forests." In discussing the economic aspect of the loggers Lou insisted that "we drew them into dependence on Federal timber. They're decent human beings caught in a pinch." He expressed the need for job training to enable unemployed loggers to enter the work force. In his defense of environmental efforts to curb deforestation Lou pointed to evidence that while the logging companies have dropped 38% of their workforce, production has increased by 40%. "Everyone perceives a global interconnection. No longer are people in New York City wondering what forests in Oregon have to do with them. There is no better opposition that widespread public opinion, and the logging industry understands this so they're trying to get in there and cut down as many of the trees as they can." In his concluding remarks Lou did not paint a very attractive mural: a bleak landscape created by our "horrendous consumption practices" of disposable goods, the disappearance of our temperate rain forests, and theextinction of natural wildlife dependent on the old growth forest. He emphasized the need for expanded role of recycling in paper products and a change in the cultural appreciation of disposable products. "The Earth First movement is to get people to act. Look into your hearts to find how to act for yourself. But, by God, act and act soon. Both life and death hang in the balance." More information can be obtained by writing, or calling: Siskiyou Regional Education Project, P.O. Box 13070, Portland, OR 97213. (503) 249-2948. .. �Professors Examine Human Co-Existence With Other Animals This is the final installment in a three part series of an article which appeared in the Sept./Oct. issue of Tikkun magazine. The recovery of context also meansthat the problem of anthropology (or ethology, or environmental ethics) is the problem of perception. How do we know the other? by Betty Mensch and Alan Freeman To deprivilege the claim that our instrumental rationality is the sole path to knowledge serves to underscore the variousness of perception itself: variety in the world is not just variety of "things out there" but variety of perceptual experience, of consciousness itself. Bees, for example, are structured so that they see broken surfaces and movement more easily than we; but they see stationary surfaces less well, and they see colors differently. What to us is a simple white flower is, to a bee, a light blueflower with shimmering, brilliant ultraviolet lines (nectar guides) pointing to the interior. Similarly, "What is it like to be a bat?" has now been posed as a serious philosophical question. Bats perceive the world through sonar: they correlate outgoing, high-frequency, subtly modulated shrieks with subsequent echoes. We can try to imagine hearing by sonar. We can also imagine, perhaps, having webbing on our arms, or flying about catching insects, or spending days lazily hanging upside down. Yet, at best, that would tell us what it would be like for one of us to be a bat, not what it is like for a bat to be a bat. That we lack the words for a true phenomenology of bat experience is hardly surprising, since we also lack the words for a true phenomenology of the varieties of human experience. We know a great deal about human beings as objects of study; we know very little abouthow to get access to each other's inner lives. With respect to animals, insensitivity to the problem of perception all too easily distorts our observations. For example, as Barry Lopez points out, the male researchers who have dominated the study of wolves through field investigation have used almost paramilitary language to describe structures of hierarchy in wolfpacks (where "lieutenant wolves" are "dispatched" and an individual wolf "pulls rank" on another). It is becoming evident however, that wolf hierarchies are more fluid, shifting and complex than once supposed. Similarly, rituals of "dominance" in baboon culture, once perceived in human terms as indicating a rigid hierarchical power structure, have now revealed themselves to be largely the behavior of insecure newcomers to an otherwise stable group. Success in dominance has, in the long run, little to dowith access to material benefit. So too our distorted perception colors our view of animal territoriality. Just as libertarian apologists for capitalism find Lockean property rights in any tribal culture that has a relationship with its things, wolf researchers have tended to see in "territory" something resembling our ownership of land, or even theboundaries between nation-states. For wolves, however, the importance of territory, the boundaries of which are not fixed but shifting, seems to lie in its relation to pack communication through scent marks. Scent marks within an area provide a kind of cognitive map for wolves, a sense of spatial organization; for by smell a wolf can tell where others in the pack have hunted successfully, or where they have traveled recently. A somewhatdifferent anthropomorphic tendency is to reject the mechanistic sterility of behaviorism only to adopt celebratory romanticism. We do wolves a great disservice when we describe them as embodying thetrue nobility we would like to find more often in human society, while we wish away aspects of wolf life that offend our liberal sensibilities. Wolves sometimes kill other wolves. They also kill young membersof prey herds, not justthe old and sick, with the choice of victim depending on a complex interplay of signals we cannot yet decipher. Despite the myths of environmentalists, wolves sometimes kill beyond their needs, and probably have killed unarmed people during periods of leanness, when taking human prey was worth the risk. The process of hunting is not especially attractive, for wolves run their prey to thepoint of bloody exhaustion, ripping at the flanks and abdomen, tearing at the nose and head. When the prey is lying on the ground, the wolves will bite openthe abdominalcavity and start eating, sometimes before the animal is dead. Romanticismcarries risksfargraverthan an occasional pretty fantasy about the natural nobility ofanimals. The grotesque racism of the Nazis was part of a more general ideology thatcelebrated a spiritualized conception of nature. Early versions of Nazi anti-Semitism were based specifically on the fact that Jews, as city dwellers, had never been part of the rural German Vo//ctraditionofclosenessto natural forces. Early nazism represented a rejection of academic scientific rationalism, along with modern technology, and a quest for a more authentic spiritual connection to the naturalworld. In its most virulentform this ideology became the romanticization of precisely those aspects of nature with which liberals are least comfortable— nature's inexorable indifference to individual suffering,the genetic eliminationof the least fit in favor of the strongest, and the seeming irrelevance of the "self" in the grand natural order of things. The Greens, who in Germany today are trying to fashion a politics rooted in a more sensitive concern forthe environment, are themselves plagued by the shadow of nazism. The challenge is to understand nature from a more ethically sensitive perspective than instrumental rationality offers, yet to do so without falling into the trap of romanticism. That challenge, in turn, has everything to do with the limits and possibilities of perception. Other cultures may at least offer some guidance. With respect to wolves, for example, many Western scientists who, rightly, want to really knowabouX wolves, to know their reality rather than some romantic image of them, go about their task with a peculiarly aggressive spirit, as if with enough radio collars and microscopes one could bind up the wolf in great lengths of statistical data. While much of that data is useful and informative, Western scientists still know less about wolves than do the Nunamiut people, who, living a hundred miles north of the Arctic Circle, share their lives with wolves. Both the Nunamiutand thewolves must depend on similar hunting techniques to survive, and both have learned to perceive the world in the same way, noting details and making sensory discriminations that would completely elude a Westerner. The Nunamiut, in other words, live in the same "time space" as wolves, and it is different from ours. Although the Nunamiut's knowledge of wolves, as related by Barry Lopez, is much more detailed than ours, it is not complete; for Nunamiuts there is no single ultimate wolf reality, which is "not a thing to be anxious over." Thus the Eskimo's knowledge of wolves tends to be openended, having to do with variation and possibility rather than certainty, particularity rather than universality. Eskimos speak more often of individual wolves than of a collective "wolf": Anaguk [Wolf] may be a wolf with a family who hunts with more determination than a yearling wolf who has no family to feed. He may be an old wolf alone on the tundra, tossing a piece of caribou hide up in the air and running to catch it. He may be an illtempered wolf who always tries to kill trespassing wolves wandering in his territory. Or he may be a wolf who toys with a red-backed mouse in the morning and kills a moose in the afternoon. (continued on page 11) New York Bar Review Course Summer 1989 Enrollments 4,000+ 12,000 \SU 111 St?9 BAR REVIEW Again this summer, BAR/BRI prepared more law school graduates than did all other bar review courses combined. OZ\K ACVIfTrV & 1989aAH/BRi New York's Largest and Most Successful Bar Review Course November 22, 1989 The Opinion 5 �opinion &m STATE UNIVERSITYOF NEW YORK AT BUFFALO SCHOOL I >F LAW Volume 30, No. 8 November 22, 1989 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Features Editor: Photography Editor: Bruce Brown Michael D. Gurwitz Jeff Markello Editorial The "T" shirt read "AIDS CURES FAGS" and the insolent young man wearing it gloated beneath his shaved head and walked with the swaggering confidence of a John Wayne. Here was a simple expression of a man's hatred; a public celebration of slow death by AIDS. Yet, the faces of passers by expressed no indignation, no outrage, no disbelief, and more importantly no condemnation. The gay and lesbian population is estimated to be 10%. That is one of every ten people you will meet for the rest of your life. These people are our parents, our siblings, our children, and they live in fear. This is not just the fear of the swaggering young skinhead and his ilk, but the fear of losing a job or apartment, the fear of alienating friends or family, and the fear of being told they are abnormal or unfit to raise a family. Sadly homosexuals form the last group that it is popular to hate. Imagine if the "T" shirt read "RAPE PUTS WOMEN IN THEIR PLACE" or "LYNCHING CURES NIGGERS?" The reaction would have been swift and sure. The brazen bigot would have learned a lesson in tolerance that begins with intolerance for prejudice. Granted racism and misogyny are still embedded in our social fabric, yet great strides have been made by the civil rights and women's movement. Not the least of this progress has been that public expressions of bigotry will be met with condemnation. A first important step on the road to equality is the ostracism of the patrons of prejudice. The time has come for society to recognize that homosexuals deserve the same protection we now demand for our sisters and our African-American population. The Opinion applauds the Law School Faculty for recognizing this need and expressing it in the form of a resolution regarding sexual preference as an equal employment opportunity standard for the Law School Career Development Office. Unfortunately the university administration responded by suspending this policy. The "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruiting Policy" found that the university President's action showed "disdain," "disrespect," and "indifference" to his professorial colleagues in the Law School. For 14 years the Law School set its own policy on employment discriminationadding items such as "marital status" without objection. In light of this history, The Opinion views President Sample's failure to support the Law School Faculty on this issue as highly suspect. The editorial staffbelieves homophobes should be put where they belong in the closet. — Disagreement Or Intolerance? Was It To the Editor: of his opinion that is a I feel compelled to comment regarding Samuel R. Miserendino's November Bth verbal assault upon Chris Porter. Mr. Miserendino's letter provided a disturbing illustration of a troubling recent phenomenon. I speak of the tendency of various "political" groups, whom I will not characterize as either liberal or conservative, to show almost violent intolerance toward those with whom they simply disagree. While both liberal and conservative groups have recently shown such intolerance of opposing viewpoints, this behavior is most unseemly when practiced by liberals, because they have been victims of ideological intolerance so often in the past. I read Mr. Porter's letter, and I too disagree with much that he said. However, unlike Mr. Miserendino, I would not vent my criticism of Mr. Porter's opinions in the form of a personal attack. It is one thing to express disagreement with someone's opinion; it is quite another to assassinate the character of that person on the basis of his opinion. SAM, THOSE WHO DISAGREE WITH YOUR IDEAS ABOUT RACIAL MATTERS ARE NOT NECESSARILY RACIST, just as those who oppose divestment do not necessarily favor apartheid. They simply disagree as to the best way to bring about results which are mutually agreed to be desireable. What Mr. Miserendino and others like him must come to understand is that reasonable people may disagree about how to solve many complicated problems in today's world. I find Mr. Miserendino's implication that Mr. Porter is a racist, irresponsible. I must also point out that Mr. Miseren- dino's characterization of Mr. Porter's letter as containing "egregious" displays of facutal ignorance" is highly debatable. The "facts" Mr. Miserendino cites in supStaff: Christina A. Agola, Ted Baecher, Len B. Cooper, Dennis Fordham, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketchum, Darryl McPherson, Jim Monroe, Maria Schmit Contributors: Alan Freeman, Gary Hall, Barb Gardner, Sandra Williams, Dik Young, Geraldine Zang ■Copyright 1989, The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinionis published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260 The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy ofThe Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. From The Opinion's Mailbox Student Attacks Opinion's Judgement To the Editor: The Opinion weeks before this sanction I am writing to bring readers' attention was imposed and was rejected for pubto a matter which smacks of editorial imlication in the issue of The Opinion for propriety. In the October 25th edition of which it was intended, October the 11th. In full recognition of this fact, The Opinion The Opinion, there was a letter published, written by Federalist Society Treasurer nevertheless failed to make a note of the letter's submission date and intended Christopher Porter, which by now is likely well-known for its title, "What Do Liberals issue for publication when it finally pubReally Accomplish?" In his letter, Porter lished Porter's letter October 25th. suggests that perhaps we as law students Nevertheless, the second thing the might consider concentrating our anger well-informed reader will probably note and protest on issues upon which we are is that from the very title of the letter, it more likely to be well-received and sucappears to be a partisan attack upon Libcessful in bringing about change. Hecitesas erals, more intended for its partisanship examples of fruitless efforts the protests than for its expression of the writer's inagainst Crawdaddy's Restaurant for altent that we as a legal community address leged acts of racism, the protest against issues heretofore left unaddressed. What the hiring policies of the FBI and the JAG the well-informed reader could never Corps, and the call for animal rights, while know was that The Opinion irresponsibly on the other hand he suggests that took upon itself to rename Porter's letter perhaps the UB Law community might "What Do Liberals Really Accomplish?" try making the atrocities committed in instead of Porter's submitted title, "Let's China and Afghanistan, the hunger in Get Our Priorities Straight." Indeed, the Ethiopia, and on a more local scene, the latter subject is the crux of the very first oft-bewailed parking woes we all suffer, sentence of Porter's letter. It should esmore immediate concerns for a change. cape the now FULLY-informed reader as The first response a well-informed to why The Opinion saw fit to recklessly reader may consider at this point is likely mislead its readers as to the characterand that in response to public outcry against intentions of Chris Porter, for these acts racism, Crawdaddy's liquor license was of editorial impropriety were not without suspended, and thus Porter's assertion of their ill-effects. the futility of the Crawdaddy's protest is To illustrate, mere hours from distribuinvalid. What the well-informed reader tion of The Opinion throughout the law school, Porter's character was personally could never know, however, is that Porter's letter was written and submitted to (continued on page 9) The Opinion November 22, 1989 — — 6 port Crawdaddy's racist establishment, while somewhat compelling, certainly do not foreclose discussion on the point. Despite Mr. Miserendino's evidence, my personal experience, for what it's worth, has led me to conclude that Crawdaddy's is one of the more integrated nightspots in Buffalo. While I too disagree with many of Mr. Porter's conclusions (indeed, his letterdid not seem particularly well thought-out),I nonetheless would hesitate to declare that Mr. Porter has "wrapped himself in ignorance" simply because he is unable "to 'see and hear' the subtle and overt manifestations of racism" as Mr. Miserendino is undoubtedly able to do. Mr. Miserendino should have been content to write his objectionable yet mostly harmless letter. He was not. I learned through several witnesses that shortly after Mr. Porter's letter appeared in The Opinion Mr. Miserendino personally confronted him in an O'Brian Hall classroom, calling him, among other things, "ignorant" and a "white-boy racist." As selfrighteous as Mr. Miserendino's letter was, he had an undeniable right to print it. However, his undisguised attempt to intimidate Mr. Porter using "fighting words" was intolerable. If the power created by the controversial "faculty statement" can ever be invoked, it should be invoked to punish this type of behavior. As to other members of SCAR, I am sure your organization is a well-intentioned one with admirable goals. However, if you wish to enhance your influence and respect within our community you would do well to find a spokesperson who is more tolerant of divergent viewpoints. Sincerely and with regrets that it's still necessary to write a letter such as this in 1989, Carter M. Mann, 2-L . Student Burned by Stanley Kaplan To the Editor: I would like to tell of a most unfortunate event that recently occurred, in hope that other students avoid a similar situation. Roughly six weeks ago I was hired by the Stanley H. Kaplan Educational Center to instruct an SAT preparation course. At the time, being a third-year law student, I was also in the midst of making a decision on which Bar review course to enroll in. At my Kaplan interview, I openly declared this fact. I was informed of the positive aspects of the Kaplan Bar review course, by the interviewer, and asked if I'd like to enroll. I replied that I would give the Kaplan course serious consideration, but, I needed more time to reach a decision. The Bar exam is'undoubtedly the most important examination I will take in my life. It will singlehandedly help determine my future. Consequently, a great amount of deliberation went into my decision. I spoke with, literally, dozens of people who had recently taken a Bar course, read the large masses of literature prepared by the many competing courses, and compared overall prices. Ultimately, I decided upon the "biggest is best" theory and enrolled in the largest Bar review course. Choosing a Bar review course is a personal matter, and I feel I've made the proper decision, for me, about which course to take. My decision was NOT to enroll in the Kaplan-SMH Bar review course. I reasoned that the Kaplan people would understand the rationale behind my "biggest is best" theory, since the Kaplan organization makes much of the fact that they are the nation's largest test preparation organization. Kaplan's Bar review course, however, has minor league enrollment compared to my choice (at least in NYS). While over 4000 people enrolled in my choice, statewide, last year, the Kaplan course taught less than 200 students. Moreover, of the thirty or so people I spoke with concerning review courses, NOT ONE had taken the Kaplan course, nor did any of them know of a person who had used Kaplan. Certainly this does not mean that Kaplan's Bar review course is inferior, only that a proven track record simply does not exist. Oh, how naive I was .. When I informed the manager of Kaplan who had hired me, of my decision, I was unceremoniously terminated. Evidently, I was no longer capable of teaching an SAT preparation course because I had "expressed doubts about the quality of [Kaplan] material." I insisted that my decision was not, in any way, an indictment of the Kaplan Bar review course, but rather, praise for the acknowledged leader in the Bar review field. Moreover, I failed to see the correlation between my decision to enroll in a Bar course other than Kaplan's and my ability to instruct a Kaplan sponsored SAT course (the acknowledged leader in the SAT preparation field), and saw no reason for my dismissal. The manager replied that, if this decision surprised me then, I "haven't seen enough of the world." Now I was really confused. What did he mean? After all, I've traveled extensively throughout Europe, visitedthe Middle East and even sojourned behind the Iron Curtain into Russia. Yet, I was being informed that I hadn't seen enough of the Oh, wait a world. Hmmm Puzzling minute. Did he mean the segment of the world where capitalistic greed overcomes compassion and caring? No, that couldn't be it, could it? After all, Kaplan is in the business of educating. But wait. they didn't care that I, as a member of their "team," felt that my uneasiness regarding the Bar exam would be best addressed one with by another review course more experience, and one that specializes in one area: Bar review. They seemed to care more about the money than the person and the person was an employee!! I Doesn't say much about the compassion and integrity of the Stanley Kaplan organization, does it???? .. . . . — — I was burned. I've wasted six weeks of valuable time in which I could have been looking for another part-time job. Furthermore, I experienced first-hand the vulgarity of an organization that values dollars and cents more than sense. Please, learn from my experience and spread the word KAPLAN DOESN'T CARE!!!!! Respectfully Submitted, Eric L Recoon — �GROUND ZERO Compassion Is The Fashion This Holiday Season There is nothing quite as luxurious as a fur coat. The feel of a soft mink or fox against your skin as it envelops you in a cocoon of warmth, coupled with the glamour of it all, is a pleasure hard to resist. For a few thousand dollars, anyone can slip into this symbol of wealth and affluence. You are one of the beautiful people when you wear a fur. Nothing can beat the feeling, so long as you have the money to spend, and all the blood has been washed away . The only way to end the fur trade is by cutting off the demand, but that necessitates convincing people, and people, as we all know, are a stubborn lot. It all has to do with the way we view animals. They are usually described as "inferior" —intellectually, physically, and spiritually. These alleged shortcomings are used as a justification to commit all manner of atrocities against them, the fur trade being a notable example. In the I used that last analogy for a reason. While the fur business is falling sharply in Europe, and beginning to fall in the United States as a result of the anti-fur movement, it is on the rise in Asia. South Korea, our ally and bastion of human rights, the country that provides us with slave-labor produced inexpensive cars and stereos, now boasts a fur business. Its name is Jindo Furs, and its goal is to cut fur prices so low that it will become by Michael D. Gurwitz Features Editor For the sake of the faint of heart, I won't go into the grisly details of the fur trade. Anybody who has paid attention to the news of the last five years is probably already familiar with the methods used by fur farmers and trappers. Suffice it to say that farmed animals such as minks, foxes, and rabbits are kept in steel mesh cages until being gassed or electrocuted, while free ("wild") animals such as raccoons, beavers, coyotes, lynx, muskrats, and squirrels are caught in steel-jaw leghold traps and killed by beating, shooting or suffocation. The exact details of all this are much worse, but as noted above, they will not be presented here. The issue is compassion versus cruelty. Put simply, nobody needs to wear a fur coat. It takes from 30 to 50 animals to make a fur coat, each one of these animals is a warm-blooded, feeling, sentient mammal like ourselves. They endure great pain and suffering only to be killed and turned into a luxury status symbol for the vain. Such callous killing cannot be justified, yet it goes on. Like many other evils in this world (slavery, sweatshops, nuclear weapons, to name some), the underlying reason for the continuance of the bloody fur trade is money. People profit from the torture and killing of animals. REINACLOLADN by Ilustraion words of philosopher Leslie Bricusse, "We create their wretched status, then we use it to malign them." When one thinks about it, this sort of rationalization is not peculiar to animals. Whites used it to oppress blacks, men to oppress women, the rich to oppress the poor, and the Nazis to oppress the Jews. Pro Choice Students Attend Rally UB law students were among the 300,000 Pro Choice supporters who responded to the call to "Mobilize for Women's Lives" on Sunday, November 12, at the Lincoln Memorial in Washington, DC. by Jim Maisano The rally was held on a bright sunny day as the supporters of a woman's right to choose an abortion carried creative signs dressed in purple, white and gold, the colors of the women's suffrage movement. This diverse and festive crowd included women, men, students, seniorciti- exclaimed, "In New York, New Jersey and Virginia, the people spoke and the people were heard, and they said: 'We believe in choice." Many other politicians addressed this massive crowd, which spread from the Lincoln Memorial to the Washington Monument, assailing George Bush for promoting government interference with a woman's right to privacy and reproductive freedom. A powerful sight at the rally was a monument, constructed by Pro Choice suporters, dedicated to the women who have lost their lives due to illegal, back alley abortions. Jim Maisano, Nathaniel Charney and Mary Clare Kane lesbians, gay men, and various ethnic and religious groups. The National Organization for Women (NOW), led by Molly Yard, coordinated the rally. NOW organizers led the crowd in a pledge to the opposition that Pro Choice supporters would not supply votes, money or time to any anti-choice candidates. The ralliers celebrated the recent Pro Choice victories on election day as New York City Mayor-Elect David Dinkins Zens, At one point in the rally, UB law students Mary Kane, Nathaniel Charny and Jim Maisano led the crowd in chants of "Free Barbara Bush" and "Racist, Sexist, Anti-Gay, the Rehnquist Court should go away." They also carried signs stating, "God Is A Woman, And She Supports The Right To Choose, George Bush Is A Man And He Does Not," "My Body, My Choice, Not Randall Terry's Or His Ilk," "Free Abortion, On Demand, Without Apology," and "Women Are Not Incubators." "the McDonald's of the fur trade." Recently an investigator from the animal rights group People for the Ethical Treatment of Animals (PETA) travelled to Korea to gather facts about Jindo. He spoke with one of Jindo's fur farmers and asked the farmer how the animals are killed. The farmer replied: "Jewish people were killed by the Deutsch people in the small house they used the carbon monoxide gas. We are using the same method for mink killing." From Hitler to Fifth Avenue. .. . Bear in mind that in South Korea, dog and cat meat are a local delicacy. Jindo will also make cat and dog fur coats, but they won't be sold in America. The idea of wearing a dog fur coat bothers people, as it should. But a dog is really not different from a fox or coyote, and a cat is not different from a lynx. Minks and beavers and raccoons are also very similar in intelligence to those animals we call pets. If it is wrong to kill one for fur, then it is wrong to kill all for fur. They all feel pain, they all feel fear, and they all bleed red blood. To kill them for the sake of human vanity is completely reprehensible. To wear their skins, thereby supporting the fur trade, is beneath contempt. This Friday, November 24th, is a day of national protests against the fur trade. It is called Fur-Free Friday, and around the nation, thousands of people will demonstrate their outrage against the needless killing of animals for fashion. These demonstrations will range from pickets to street theatre to civil disobedience. Here in Buffalo, the Animal Rights Activists of Western New York, Law Students for Animal Rights, the UB Animal Rights Group, Greenpeace, and the Buffalo Greens will picket AM&A's downtown department store, 389 Main St. The demonstration will begin at Lafayette Park at 11:30 a.m., and proceed to AM&A's. Everyone is invited to participate. You need not be a vegetarian to protest the killing of animals for their skins. For more information, leave a note in box 688, or call 836-2358. the animals suffering in farms and traps need your help — desperately. ATTENTION ALL STUDENTS: Mandatory Student Fee Waiver Forms can be obtained outside the SBA Office (Rm. 101). Fee waivers will be given only for financial hardship reasons. The deadline for submitting completed forms has been extended to Friday December Ist, at 12:00 Noon. Submit forms to the SBA Office. NYNEX Is True Villain of Strike Jeffrey, the plight of the workers is a crime. When asked what she thought the most serious problem the workers had during the strike, Ms. Delmonte replied, "Other thanthe obvious problems associated with being destitute, the workers are getting the shaft from the media. The only time the local television, radio, or newpapers cover the strike is when a line is down." by Jim Monroe Ms. Jeffrey added, "Corporate America Staff Writer is solving the health care crisis by slashing The scab operators and directory assisliving standards of the working poor and tance people won't tell you, but you quickly the media completely ignores that angle. catch on when your call is routed through They're more interested in showing New York City after an interminable wait downed 911 linesand then quickly cutting or when the directory assistance tells you to a picture of the picketing workers. that no one named Smith is listed in your "Fromall reports we've had on the picket lines, a striker knows what lines are 911 area. and would never cut them because of the NYNEX and the media would have us believe that the strike has been caused by bad publicity. The strikers feel that ineptiskyrocketing health costs that make it tudeof the scabs and the vindictiveness of impossible for the company to pick up the management is being blamed on the worker's health insurance tab. workers. This claim falls flat, however, when "The strikers also say the T.V. stations examined in the face of the exhorbitant are biased because they never showedthe strikerthatwas killed by scabs in New York wages paid to the scabs, the ability of all and they never showed the unification of the other communications companies to labor, consumer, and civil rights movecompromise on the health care package and at the same time increase wages, and ments that occurred at a rally in Albany the 94% pay raise given to management. when Jesse Jackson and Ralph Nader spoke to the unions." NYNEX made 1.3 billion dollars in profit Pam, Tara, and Toni have individually lastyear aloneand paid 800 milliondollars in dividends to stockholders. Additionally, raised money to add to the strike fund and have participated in the day to day picketNYNEX is asking the Public Service Commission for a 359.8 million dollar rate hike ing. Presently they are asking that all stuthis year while saving 34.5 million dollars dents and faculty bring in canned and a week during the strike. other non —perishable food for the workers for Thanksgiving and Christmas. For those of us who have taken Prof. Atelson's Labor Law, this smacks of union Tables will be set up Tuesday mornings tocollectthefoodand people interested in busting and is not good faith negotiation. helping should contactthese law students To three members of the Labor Law Sociindividually. ety, Toni Delmonte, Tara Burke, and Pam November 22, 1989 The Opinion As most people who have tried to make a long distance call within the last four months already know, the 60,000 members of the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) who work for NYNEX (telephone co.) are on strike. 7 �STUDENTS 8 The Opinion November 22, 1989 �Commencement Committee Update As of this writing, the search for a keynote speaker continues. We are finalizing arrangements with Samuel's Grande Manor for our post graduation ceremony reception which will be open to all graduates, our families and friends. Thanks to all of you who so generously contibuted baked goods, and those ofyou who so ravenously bought them, we raised $237 on our first bake sale. We hope to repeat the success on Wednesday, November 29, when thesale will feature Christmas and Hanukkah goodies. We would greatly appreciate any and all baked good contributions. Why not spend the weekend doing some baking or why not ask mom, dad, or grandma to bake for you? (When was the last time you told your mother that you needed cookies for school?) We'll be sending you a reminder on this. By the time this goes to press you will have heard about our Giant Commence- — 1 by Geraldine Zang and Christine Agola Staff Writer Papers written by law students are the main source of ITPI's publication material, but it also welcomes written works which address topics of law, public policy and society from law faculty, practitioners and researchers from other disciplines. Publication in a national law journal such as In The Public Interest offers the author a large and interested audience as well as experience in writing. It can also contribute to an author's career and employment prospects. AMERICA? - ment Raffle. Tickets are on sale now $1 each or 6 for $5 for two big raffles. Raffle #l features two Barßri bar review courses for the low tuition rate of $600 each. (The current tuition rate is between $955 and $1,025). This prize is available to all students, even current Barßri enrollees, whose contract price would be reduced to $600. Raffle #2 must be seen to be believed. We - have an official NFL football (slightly used in either a game or practice) which has been autographed by most of the Buffalo Bills!!!!! Second prize in this raffle is a certificate for brunch for two at Samuels Grande Manor. Please stop by our raffle table which will be in operation offand on from now until the drawing on December 8. Or see Barb Gardner in the Mimeo Bookstore (Yes, I will accept cash for the raffle tickets). The football will be on display periodically, however passing and punting will be prohibited. Just think, six months 'till graduation! ITPI Solicits Articles In The Public Interest (ITPI), a legal journal published annually by the students of the SUNY-Buffalo Law School, is soliciting articles for publication in Volume X, the Spring 1990 edition. The Journal is committed to printing articles which critically examine legal issues in their social, historical and political contexts. The Journal is distributed to SUNY-Buffalo Law Students, public interest organizations, and over 500 law libraries throughout the country. It also appears in WestLaw, the computerized legal data network. Student Papers are considered anonymously for publication. Accordingly all submissions must include a sealed envelope, marked with the author's social security number on the outside which contains a sheet of paper giving the author's name and mailbox number (or address if the author does not have a mailbox at the law school). The article itself should be identified only by the author's social security number on the cover page. Three copies of the article are required. These materials can be placed in mailbox 791 or 176 in the mailroom on the second floor of O'Brian Hall or brought directly to the ITPI office. The deadlinefor submission of articles is January 26,1990. Publication decisions will be made in early February, and applicants will be notified by mid-February as to whethertheir paper has been selected. The Journal is also seeking a graphic artist to provide illustrations for the Spring edition. Drawings are used on the cover of the Journal and to accompany the articles and essays. Individuals interested in supplying this artwork should leave a note in mailbox number 791 or 176, or contact Tim Reinig or Lisa Morowitz in the ITPI office, 118 O'Brian Hall. from page 6 attacked, in full view of myself and a number of fellow students, by Samuel Miserendino, author of "Willful Ignorance Obscures Results" (Opinion, 11/8/89), who labelled Porter as "ignorant" and "a racist." When challenged by Porter, rightfully offended, to substantiate such outrageous claims, Miserendino cited Porter's apparent disregard of the fact that Crawdaddy's had been sanctioned, and criticized his attack on law school Liberals alone, claiming that Conservative friends of his had also felt strongly about racism at Crawdaddy's. Therefore, he concluded, Porter must also subscribe to the same racist tendencies as the management of Crawdaddy's. And now, despite being informed of and accepting the true submission date of Porter's letter immediately following this attack, Miserendino nonetheless asserts in his "Willful Ignorance" letter that Porter never took the sanctions against Crawdaddy's into account when he wrote his letter. Hefurther falsely accuses Porter of equating anti-discrimination movements with "a liberal agenda," obviously referring to the unintended use of the term "Liberals" in Porter's title, the circumstances of which Miserendino also understood at the time of his attack. Whom, now is being willfully ignorant, Opinion readers? Considering Miserendino's vengeful attack upon Porter on October the 25th, are we really expected to believe that Miserendino "regrets that it's still necessary to write a letter like this in 1989?" (Miserendino letter, 11/8/89).*0r is the conclusion more likely that he is lashing out at Porter to defend the integrity and dignity of "barricading doors (and) banging on pots and pans" (Porter's letter, 10/25/89) as successful means of protest? Such sophistry as Misrendino's false accusations and flawed reasoning can no longer be allowed to run rampantthrough Opinion letters and word-of-mouth concerning the sad incident of October 25th. Anyone willing to take the time to get to know Chris Porter well, or at least with the tact to quietly call him aside to speak privately with him about his views, will quickly discover that he is far from a racist and anything but a troublemaker. A share of the blame for the harm done to his good name should also fall on the staff of The Opinion for its irresponsible handling of Porter's letter to the editor. The resulting misconceptions about his intentions and personal character, resulting in the unfortunate scene on the day of the paper's distribution, are a sobering example of what can happen when those in the media take liberties with a writer's title the single most important summary of a letter's content and also fail to provide readers with an accurate explanation of sequences of events. — — The Opinion owes Chris Porter an apology, along with an affirmation of Porter's intended title for his letter, and of the fact that it was submitted for publication before Crawdaddy's was sanctioned for racist acts. For that matter, so does Miserendino, who publicly attacked him on October 25th, owe Porter an apology. I fully expect the first of these to be afforded Porter. I won't hold my breath forthe second. James Giambrone Second-year Law Student Federalist Society Editor's Note: Mr. Porter's letter was submitted in early October, with the title "Priorities " printed at the top. Greenhouse Effect from page 4 plied, "Even if cyclic changes do account for some of the increased temperatures and even if the planet may make some adjustments, the range of possible reasons for temperature increase is narrowing and the possible range of corrections that Earth's atmosphere is capable of producing is quite small." As for what the students and faculty should do Fred Snell opined, "I don't de- fine learning as being able to repeat sentences. I define learning as being able and willing to translate into action what we've been taught. I think, once you know the truth, you are burdened with acting upon it." Walter Simpson said, "Recycle, keep the heat down in the winter months, and either car pool or take the the bus." I say, "That's the least you can do." THIS IS MKYL mm November 22,1989 The Opinion 9 �Video Reviews Criminal Law Monday, November 27, Room 109 3:30-6:30 pm Essay Writing Tuesday, November 28, Room 106 3:30-5:30 pm Evidence I Wednesday, November 29, Room 109 3:30 - 6:30 pm Evidence II Thursday, November 30, Room 108 3:30 -6:30 pm Pizza and Property Friday, December 1 Pizza: 12:00 - 1:00, Ist Floor Lounge Property I: 12:30 - 4:00, Room 109 All Video Reviews are open to all students, regardless of BAR Review affiliation. 'M STANLEY H. MKAPLANSMH "■ 10 The Opinion November 22, 1989 I BAR REVIEW SERVICES (800)KAPTEST (800)343-9188 �Animals Native Americans in general did not traditionally consider themselves apart from nature in theway we do butthat does not mean they refused to perceive difference. To perceive difference was not to constitute hierarchy. Just as there were "the People," so too were there "the Bears," "the Mice," and so forth. Animals were simply separate nations, each with particular qualities from which one could learn by paying respectful attention. In contrast, given our entrenched ideologies, it is hardfor us simply to see both similarity and differences without rushing to rankings and dualistic categories. The hold of conventional categories is so extraordinary that even Peter Singer and Tom Regan, two of the English-speaking scholars most visibly committed to animal rights advocacy, have argued wholly by reference to Western structures of analytic rationality—Benthamite utilitarianism and deontological libertarianism as if a new formulation of cost-benefit analysis or a new clarification of Kantian membership criteria will solve what is ultimately a problem in the very nature of our perception. Perhaps for that reason it has been noted that the animal rights movement, with its individualistic emphasis, may be irrelevant, or counter to, a sound environmental ethics. A first step toward formulating a more sensitive (even sensible) ethics must be, instead, a recovery of humility. We must disabuse ourselves of the cultural version of what Stephen Hawking has called the "strong anthropic principle"—the notion that we are so special that everything else must have assembled itself for the sake of producing us. In the case of other human cultures, our presumption has led to the obliteration of their difference. In 1938, when outsiders had their "first contact" with thefifty thousand previously unknown Papuans of western New Guinea, they discovered literally hundreds of separate cultures, each with its own language. Today anthropologists know of virtually no other human culture, anywhere on earth, that has been untouched by the — Handicap Access sight impaired students; every fluorescent light fixture in the school was cleaned; additional lights were added outside Moot Court and the first floor lavatories; lights were also added to the basement and first floor exit stairwell; handicap drinking fountains were installed on the first and second floors; many of the billboards and the Career Development Office job boards have been lowered; and Braille floor identification tags, as well as raised letters, were placed by the entrance to the elevator on each floor and within the elevator cars (including the elevator in the library.) New carpeting was installed in many of theLecture Halls on the first and second floors. Before, there were rips in the carpet that made it difficult for individuals with crutches and in wheelchairs to move about freely. Handrails were installed in rooms 107, 108 and 109. Unfortunately, the seating arrangement of room 106 makes it impossible to install rails. Many lecture hall desks were modified to accommodate students in wheelchairs. Stoppers were installed in thefloor under wheelchair accessible desktops, so that the chair will not roll forward. Wheelchair ramps were constructed in the basement for entering Moot Court. Previously, trying out for Moot Court was not a choice for persons in wheelchairs. Floor tiles were placed on all the floors of the building. A wheelchair ramp was added for entry into the tunnel to Baldy Hall. A handicap door opening device was installed on the southeast entrance/exit of the building. Last year there was one door with a handicap device, but once the student entered the first doorthey were trapped until someone opened the second door for them. Formerly, there was only an entrance and not an exit button. These problems have been corrected. The Law School has purchased a scanner. This device will make the material sold in the mimeograph bookstore clear and more readable. Now, mimeographs are often unclear, and contain different industrialized West. The point here is not — to romanticize any particular lostculture some practiced self-mutilation, others can- nibalism, others child abuse—but rather dominant cultures triumphed in their evolutionary short-run for economicand military reasons, hardly qualities that readily correlate with virtue, happiness, or even long-term human survival. As we suppress difference, we are forced to rely solely on our own culturally contingent mode of perception for access to understanding. The same process of selfcelebration that has led to our quashing otherness in human cultures lies at the heart of our reduction of nonhuman reality to the status of "thing," to the point where we can no longer even perceive, much less respect, the diversity around us. Given that disrespect, it is hardly surprising that we tolerate the obliteration of a hundred species a day in the rain forests alone. In the service of prideful domination, we have deployed our colonial universals to destroy both the legitimacy and the very reality of difference. The move toward humility, however, which comes with a renewed appreciation of difference, does not imply that we can solveethical problems simply by recourse to some essentialist conception of "the natural." This tempting ploy has characterized approaches as diverse as the medieval Scholastic's quest for natural lawand the modern sentimentalist's seeking of truth through naturalistic "feelgood" spirituality, the latter approach based on not much more than grooving on selectively chosen experiences of nature at its most pleasurable. In its extraordinary richness of particularity, nature itself yields no morality. Defying the oncecommon efforts of the pious to find homiletic lessons in every detail of natural life, the world has, as modern theology states, "come of age" in secular times, which may be science's greatest gift to faith. Out there, beyond our limited perceptual capacities, nature is whatit is—unrelentingly objective, and unbounded and unexto recall that the size prints within the same packet. Even when it is enlarged for the visually impaired or dyslexic students it is often blurry. Once the material is put into the scanner it can be printed out on a laser printer. There are different fonts; a regular font for normal vision and a fancy font for enlarging. The print will be clear and of high quality. The drawback is that it may take years to put everything into the scanner. The school has also acquired two computers for the Law Library. The Versa Point has a voice synthesizer and a braille printer. The Vista enlarges print. Discs with various kinds of information can be put in these computers and if a modem were attached they could be connected to Westlaw or Lexis. In the area of social accessibility, Chris Reo, president of SBA, has made an effort to see that SBA parties are held at handicap accessible places. Last year there were parties at Molly's Pub which is not handicapped accessible. The entrance is on the upper level of a split level bar. The bathrooms, as well as half of the bar, are accessible only by stairs. This year there have been Law School parties at places like Marshall's that are wheelchair accessible. Mary Lang, technical assistant to the Education Law Clinic as well as a member of the Committeefor Students With Special Needs, helps draw up individual accessibility plans. At present there are 21 students with special needs at the Law School. The disabilities include health impairments, physical disorders, seizure disorders, visual impairment, blindness, and learning disabilities (dyslexia and disgraphia). There may be other students with disabilities who choose not to apply for a plan. These plans allow students to have courses taped, to orally take exams, to get enlarged materials, or other alterations that may be needed to make conditions conducive to learning and proving that they have learned. However, there are still a lot of prob- plained by our human moral preoccupations. To emphasize perceptual distance is not to suggest that we stand uniquely outside of nature, but, rather, to remind ourselves that we are bound by what Hawking has called the "weak anthropic" principle— that "we see the universe the way it is because we exist." We are animals who regularly mythologize the finitude of mortality, who seek God and try to discover in our dialectical engagement with the universe the meaning of our own compassion. As such, we can neither abdicate responsibility nor return to the hubristic illusion that we can fashion a unitive, transnatural morality. God sends us back to the world as it is (however provisional its reality), and to us as we are. We can therefore offer little solace to those who demand prescriptive norms. We cannot tell you, for example, that you must be vegetarians, that all animal experimentation must cease, or even that we followed the path of moral correctness with respect to Bruno, who, finally, met with good fortune. (A teenage friend took Bruno to live with him when he left home to go to college. Bruno now resides in the country; and we have told our small children that Bruno went away to college.) There is, to be sure, a trendy tendency to fashion environmentally appropriate ethical norms and systems by taking a largely preconceived agenda (for example, nature preservation or vegetarianism) and shoring it up with an eclectic appeal, in the manner of legal argument to various bits of Scripture, "Eastern" religion, Native American legend, philosophy, and congenial scientific data. It is as if, faced with the environmental disaster we have created, we now seek the comfortable assurance that God is, after all, a committed environmentalist. We forget that God cannotbeconfinedbyourhumanneedfor an ally. As Dietrich Bonhoeffer wrote, "The only God who can help us is the one who cannot help." To reject thistrendy eclecticism is not to suggest that we wallow in relativism, but . from page 6 to urge that we must recover a more seri- ous theological process, one rooted in context. The recovery of context is thus a part of the true agenda of "postmodernism"—a theological agenda rather than a decadent self-indulgent aesthetic affectation. Just as conventional religion was compelled to confront the seeming triumph of scientific, positivistic secularism to the point of virtually conceding the "death of God," so too the perceptual changes wrought by the collapse of that secular worldview demand a theological response. This is to suggest neither a misguided "fundamentalism" thattriesto recover a prescientific mode of being nor a retreat to a premodern romanticized view of nature. We need a theological practice that is contextual, dynamic, and just as responsive to the fall of secularism as it was to its rise. As Jews, we will surely wish to reflect, for example, on the humbling unity of living creatures who are, afterall,/co/ basar (all flesh), each infused withruakh khayyim (spirit of life). Why did God promise us a covenant (berit) with "the beasts of the fieldand with thefowls of heavenand with the creeping things of theground"? (Hosea 2: 20.) As Christians, we may wonder why it is that Christ, rejecting all preconception, appears where least anticipated; He is present in the least among us, the most marginalized, the "stranger" and the "other," always in their unexpected, irreducible particularity. What then is the meaning of the injunction to "love thy neighbor"? To speak in such starkly sectarian terms isto affirm the necessarily pluralistic character of the modern theological agenda. We cannot leap to essentialist universals about "life" that deny and mask the rich particularity of living experience and of human tradition. Nor can we retreat into defensive sectarian insularity. As we allow ourselves to confront the particularities of penguins and wolves, grasshoppers and crows, we may discoverthe basis for a postmodern pluralism, not of nihilistic despair, but of transformativerenewal. . from page 1 lems with accessibility. The CDO office is noisy. Also, if the student wants to ask a inaccessible to many people in wheelprofessor a question after class he/she chairs. Also, the books are much too high can not get down to thefront of the room. on the shelves for the few individuals in The fact that the lecture rooms are inacwheelchairs that can even get in. Disabled cessible also prevents theschool from hirstudents may face other problems of inacing a professor who is in a wheelchair. cessibility with many legal employers, For learning disabled studentsthere are and this is an additional burden. The still a lot of barriers. Professors often write CDO lowered many of the job boards, but, on the board or draw diagrams that can they did not enlarge the print on the job hardly be deciphered by those who are notices. The print is often so small that it not even learning disabled or visually imcan not be read by visually impaired stupaired). Professors sometimes give the dents. The newsletter that CDO puts out page assignment orally at the end of is also in very small print. A large print class. Dyslexic students can not process copy is put out, but it usually arrives two the numbers correctly in their mind. Enweeks after everyone else receives their larged print materials are often blurry and copy; and time is often a crucial factor. unreadable. The scanner may take years Transportation is another problem before it is put to use. Information regardfaced by physically challenged students. ing meetings is often printed very small Although Public Safety does provide on the boards in the front of the room. some spots in front of the Law School for Many can not read these signs. Also handicap vans, there is a problem in the group newsletters are usually in fine print. winter with keeping the walks shoveled The Office of Records and Adminstraand clear. For disabled students in the tion has a counter that is too high for a dorm who rely on the van that is provided, wheelchair. And the grade board is a disthere are often serious limitations due to aster. The grades are printed very small, the running schedule (this service is handand often placed high on the board. led through the University not the Law Rob Davis, former member of the ComSchool itself). mittee said the Law School has become New tiles were installed on all the "cosmetically more accessible." He floors; but when they are wet they are pointed to the fact that the Law School still very slippery. (Tiles were installed beone acquired the two new computers cause of monetary constraints; the for enlarging (the Vista) and one with a choices were tiles or cheap carpet.) The voice synthesizer and a braille printer (the library doors are manual. There is a probVersa). The computers have great potenlem with installing automatic doors betial; but unfortunately, the Office of Sercause of the noise they would make, the vices for the Handicapped will provide no space available, and the fear that they training; thus the expensive and highly would break with all the use. Ivan Khoury, advanced technology goes unused. third year student, former member of the A great deal has been done, but more Special Needs Committee, and member is still needed. The Law School is further of Club 504 (named after a section of the advanced in this area than many other law schools. However, it has the potential legislation that requires state funded institutions to be accessible to the handto become even more accessible. There has been strong support from the faculty icapped) feels that "waiting for someone to open the door for you adds to the and administration. There are shortcomstigma of being handicapped." ings, but tremendous gains have taken There are several problems particular place in a short period of time. And, the to students in wheelchairs. They are conadminstration realizes the job is not comfined to the back rows of first floor lecture plete. Assistant Dean Marlene Cook halls. If the doors are open it is often too stated: "We have only just begun." November 22, 1989 The Opinion — 11 �Modesty prevents us from telling you how good BAR/BRI Is. Therefore... we've let BAR/BRI students do the talking. I was as prepared as I could have been. The exam BAR/BIU gave me structure that I needed for the bar. itself had no surprises. It was a living nightmare, but Looking back, I think I would be in a tough situation if I had to approach this on my own. I had a lot of BAR/BRI prepared me. If I have to do this again, I friends who have been taking other courses and I've will take BAR/BRI again. Albany Law School sort of compared what they're learning and what I'm learning and I think that BAR/BRI is doing a really - Your course was worth the money. I couldn't imagine being more prepared. If I didn't pass the fault in no way can be attributable to any misguidance on your part I also was very comforted by the feeling you all conveyed that you're concerned and cared. It showed that customer satisfaction is important to you and T am a satisfied customer! Thank you!! Albany Law School - lam very happy with the BAR/HRI program. I feel that you provide an excellent program and I would highly recommend it to others. If I do not pass the bar, it will not be because of a lack of effort on behalf of the BAR/BRI personnel. Thank ydu for all your help. - Brooklyn Law School All in all, I was very satisfied with BAR/8R1... After hearing what Pieper does to his students' poor hands, I'm truly glad I chose BAR/BRI. Variety is very good in the course of a summer. Brooklyn Law School - I was generally satisfied with the lectures and very glad for all the written materials you gave us (the outlines and practice questions). In addition, I appreciated your obvious support and encouragement for us during this very stressful period. Brooklyn Law School good job....The BAR/BRI personnel is very helpful. I've called Steve Rubin several times on the phone. He has always been available to answer questions. He literally called me at 12 o'clock at night.Also, the office people have been really helpful too.. J would dpfinitply recommend BAR/BRI to anyone. - Columbia Law School The lecturers were really terrific, I expected that aitting in front of aTV 3 hours a day would be unbearable, but for the most part they made it almost m enjoyable experience. . Cornell Law School - - very impressed with the whole operation since •* you really have «Ptive MHhenee, I expected a lesser level of professionalism and caring. I have friends in other courses, some of whom are subjected to scare tactics aa6 Panic lectures. 1 appreciate the lack of the seme at BAR/BRI. Pordham Law School m » - • - - Brooklyn Law School BAR/BRI was excellent It prepared me for the bar. Hopefully, Ino longer need your services, but I would do BAR/BRI again. I learned the taw, not just memorixed mnemonics and for that I am grateful. Brooklyn Law School - The most effective thing about the BAR/BRI course was the frame work. It's pretty rigid...You know what you should be doing at all time.l seem more happy with BAR/BRI than other people seem in other courses. • Brooklyn Law School Bbout the courBe ta that Blve YouVou what *"«*can know what ia important and what isn't So you ukely to be on the test...The BAR/BRI people were very helpful. They are very, very nice and very cooperative I'm very pleased. " ' Pordham Law School This is written 7/31. I felt well prepared for the questions on the exam. Where I was unsure I had no problem making something up....N0 doubt you heard »■• >■*» WM ,moet U"Heal Practice * «■£ question. Good show! -an »• It's a joy to finaUy learn in >«w school. . , , ... .. '**'* . ....,, the law I only heard about , .„ , . „ . ' Buffalo srmt RAR/RR] mti nal f ft? . Int rt A h tlHTrlk ._..,-'.„. -. shaking my confidence of what I didn t know, because .„ ~? l cwdidate.).. j-j jju • goodj luck * » t addition, .PP° ~ the In Hke letter made me feel good. Thanks. „j„„ r _~ c_Krt-j acnooi uaroozo |taw . ... . - , "' 'un wr l18 ma •�■Joation after sitting for the New York State and Multistate exams (and before NJ). I would sincerely like to teU you that you all did a ,_ _j , '. terrific job and deserve much praise. Thank you! Uw School .. * . - Hofsir. ' . _~ was outstanding in every way and wiU recommend it to all whoask. Thanks to Stan, 1 I* m *v ta m._i v i—» i „ and the BAR/BRI find out what I nked about the course until _. Enca i,.,, mi., _, «, didnt v x. ™ staff. You can be :Ilast •_. who Steve,' night when I was talking to one of my friends ymr oT^mz vwv was taking Pieper and even though he had all School Ywk mnemonics d0wn...1 just found that he didn't have the _._ __~ grip on the substantive law that I thought I did....1 . OveraU the course was very pgood. BAR/BRI helped fu ux.t. »l i -l. H lay i t everything you. \_ outt for •_, think the •.• • ~ _. , lectures really_# a miserable experience a lot more bearable. Ii. m • »v They give you enough of an overview '• i make that»iis required *^ J I took the course. „ „ glad 'f: beable 'to really ~ to handle tbe essays. I would " nTU L w e»h««i definitely recommend the BAR/BRI courm to a friend * >cno Cardozo Law School j-j j . .... . ■ . .. • _i. j <kao^A BAR/BRI - ~— , .. - . .. ... • .. .. . ... . . .. " *«_°°' . . = BAR REVIEW 12 The Opinion November 22, 1989 BAR/BRI for - NYU Law School - NYU Law School I thought the lectures were the best They're very thorough. They give yon all the information you need to know. That's what I like beat about BAR/BRI. °' - . Tne program jg well-organized and set-up to 'spoonaudience. After 3 years of feod the to a j xlßt what a Uw Khool we>re .j, tired needed. I also appreciated all the "pep talks" and encoUrHge ment given throughout the lectures. 1 would highly recommend your course. Pac Law School . , - - overall very satisfied with BAR/BRI would recommend it to students in the future. Great job! Thanks! . pKI Law School For the most part I liked how they broke everything down into msy to reraember bits and pieces. It's not really as confusing as it was in taw 5ch001....1 would recommend the course to my friends and 1 h»ve tnends taking the other courses and from what I see them doinft j v much hetieT Paea Law School BAR/BRI was The - the best preparation for the bar exam. tboutthe BAR/BRI eased of the bar exam, .g, John', Law, School . BAR/BRI ia to be praised. Ooorgrtown Law School I was very impreseed with BAR/BRI. The methods, Harvard Law School techniques and materials were all very helpful. Most of .11 I appreciated the way BAR/BRI made itself yery about available to what they are trying to accomplish -to get v. to psss. home phone numbers to of people DeBpite fact was both daring and commendabta No matter what g number peop)e be know I the remilts of my exam wil I will a rf feedback on recommend BAR/BRI to ottent God Bless! think that my chances on passing are a lot Bimaio taw acnooi tbJg ngne j took B better AR/BRI under and I would certainly recommend it recommendation • . I would recommend the course to others and don t to others. • 1 rv,rc LiJW School " h * Law School ... - immediately....! would highly recommend anyone studying for the New York Bar., I would definitely recommend the course to friends. I think it's a good way to prepare for the bar. It does not put that much pressure on you. I followed the schedule. I found that during the course the schedule lam completing this evaluation after the bar exam. I was not that difficult to keep up with. It still gave me feel that BAR/BRI prepared me extremely well for the a lot of free time up until the last day of class. Preparation has not been that painful at all. exam, and I would certainly recommend your course. NYU Law School Cornell Law School was very pleased with what I was taught. The way it was presented and the respect BAR/BRI shows ito students. A professional, warm and top notch job! Thank you! Thank you for Essay #6 on the Bar. I was tired but Pordham Law School when I aaw the question, what an adrenal surge. I did well in the bar but having done Essay #6 already and Tbe materials are very good. The most important knowing the model answer was a gift Thank you. - What I like about the course is that it is really straight forward....ln addition to learning the law, you learn how to answer the questions on the exam and how to write a good essay and that's what really counts....l found the BAR/BRI personnel very helpful. I eaO the office all the time with questions and they have always gotten back to me or answered the question - No gimmicks they were not gurus. Merely stress hard work without falling off the deep end. I would, and will give my stamp of to taw ,t„denta and anyone else who wiU listen. Thank you for running a first class operation. -St John. Uw School , u,e BAR/BRI course. The Md lntere9tmg no lvna very Mtianed |ecturerl^ere M tmnm^dl fw, the m*n preparation, John', Uw School &. ... ' . ,, I think BAR/BRI is a good course. It gives students everything they have to kn0w...1 foundj^mmm BAR/BRI people to be very responsive. I found that whenever I needed help, they were there to help me 0ut...1f I missed the course, I could always go to the tape lecture. I could go to the office and just listen to the • _ I found that to be very g00d....1 would definitely tapes. r ~_• »»»t. mm •_ ■» recommendj BAR/BRI because it covers everything you have to know. i-i—-. i ««. e.k~j * S*- dorm a Law ocnooi � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1989-11-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/22/1989 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 8 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/627ec3ee6ea3c8fcf7cad5a7e0e296c7.pdf a83e35534b0437abd410fbe768e5306f PDF Text Text THE OPINION Volume 30, No. 9 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW January 31, 1990 Law School Moves To Dismiss Suit Brought by Students The School of Law has formally responded to charges lodged in Federal District Court that the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment" is void on its face and in violation of the First and Fourteenth Amendments to the Constitution of the United States. by Bruce Brown News Editor In a motion to dismiss, Allithea Lango, Assistant Attorney General of Counsel of the State of New York, contends that the two plaintiffs, Dan Majchrzak and John Wiencek, have failed to state a prima facie case, lack standing and have no "genuine case of controversy on behalf of any other law student." Thecivil rightsclaim, which names fortyone professors of UB Law as defendants, springsfrom a faculty resolution (reprinted in the September 13, 1989 issue of The Opinion)which was unanimously adopted on October 2, 1987. That action came in response to a series of events the previous spring, which included vandalism and specific acts committed against certain students.Some of the incidents which moved the faculty to action were a series of anonymous notes placed in the mailboxes of at least four female students, one of which was accompanied by pieces of dog excrement wrapped in foil and another by a small teddy bear with the head ripped offand red nail polish dabbed in the neck area of the toy. Later one of the same student's car was found with one of its tires slashed in a campus parking lot. The resolution prompted a small flurry of criticism from some sources outside the law school. The most sensational came from Nat Hentoff whose article for the Washington Post entitled "A Law School Flunks the First Amendment" alleged that the statement "suspended" the First Amendment guarantees of free speech of law students at ÜB. However, after this original criticism the regulation, whichhas never been enforced, remained in relative obscurity until two second year students decided to bring an action in federal court. The students, who are pursuing their case pro se, allege in their complaint that the regulation is substantially overbroad and vague, and that a threat of sanctions "creates a chilling effect" on the exercise of theplaintiffs' rights causing irreparable injury byforcingthem to withhold speech. In their amended complaint of October 31,1989, the plaintiffs, Messrs. Majchrzak and Wienceck, argue that the "regulation establishes a protective liberal orthodoxy which is designed to protect certain protected groups (i.e., minorities, homosexu- als), thus any expression contrary to the expressed ideals of such groups are con- sideredtobe violativeofthe regulation." The plaintiffs, "members of the law school's chapter of the FederalistSociety" stated in their amended complaint that they "believe that law schools and the legal profession are currently dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society" and that the resolution in question evidences a conscious effort to exercise that domination. The complaint alleges that the regulation "is excessive, unwarranted, real, and substantial in relation to any asserted state interest in protection 'groups' within the ÜBLS from 'remarks' directed at them, or other 'intimidation' they may suffer from the freedom of expression" and that "the regulation was intentionally and deliberately propounded ...with a full awareness on the part of the defendants that said regulation on its face was in violation of the First Amendment by virtue of its content-based prohibitions, prior restraint, and vagueness and overbreadth." The regulation, the complaint continues is "an invidious scheme [which] serves only to promote the arbitrary and capricious orthodoxy which [it] establishes by its terms." Messrs. Wiencek and Majchrzak believe that they have a "unique perspective on such controversial issues as affirmative action, unconventional 'family' relationships, and so-called 'women'srights'" and that their "considerable knowledge of such issues" leaves them with "much to share with their fellow students." However, the complaint continues, the "plaintiffs have found that faculty members which they had have been, and will continue to be, hostile to the very notion that there exists another side to such controversial issues" and that if "they expressed such 'hostile' ideas in class ...they would or could be charged with a violation of the regulation." The result then stifles the plaintiffs who, "but for the existence of the regulation, and the real and warranted fear of being further sanctioned by said regulation, the plaintiffs would express their ideas freely and without prior restraint, ideas which they have refrained from expressing and will continue to refrain from expressing in the future." Ms. Lango's brief responds to these charges by stating that the plaintiffs "simply cannot base their standing upon their speculation that if they state their theories within an academic setting, a complaint may be lodged against them which may potentially subject then to sanctions ...they must also allege and demonstrate that they have been threatened if they undertake their proposed course ofaction." continuedon page 4) Law School Lockers Robbed Several third year students were wrought with frustration after having their first floor lockers broken into at the end of the fall semester. Although items which are traditionally attractive to thieves (such as a tape recorder and a paycheck) were taken, it was the theft of text books and class notes which most affected the students. by Donna Crumlish Editor-in-Chief Dean Schlegel Professor John Henry Schlegel Named As Assistant Dean There is a change in Administration this semester. Professor John Schlegel is temporarily filling in for Professor Lee Albert as Associate Dean for Academic Affairs. Schlegel will be responsible for the curriculum and tenure standards for professors, as well as the pending student law suit. All other Associate and Assistant Deans will continue in their positions. Pro- by Sandra Williams Staff Writer fessor Halpern is Associate Dean of Student Affairs responsible for complaints and exam problems. Aundra Newell remains as Assistant Dean of Admissions which involves recruiting and review of incoming students. Dr. Cook continues as Assistant Dean of Budget and Research and Alan Carrel continues as Dean for External Affairs and is responsible for Alumni Affairs, Trial, Technique and fund raising. Professor Albert is on Sabbatical forthe Spring term 1990. According to a memo sent to Dean Filvaroff, Albert wished to breakfrom Administrative responsibilities and continuewith his research on the uses and misuses of AIDS antibody testing in the United States. He is also lecturing at the London School of Economics. He will be back in August, 1990. Being an Assistant or Associate Dean isn't new for Professor Schlegel. He was Acting Dean for two years before Dean Filvaroff, and was Associate Dean for 5 years under Tom Headrick and two years underWadeNewhouse.According to Cheri Tubinis, Secretary to Dean Filvaroff, the power to fill the Associate Dean position rests with Dean Filvaroff, who choses someone he can work with. Because of Professor Schlegel's new responsiblities, his Corporations class is cancelled for this Spring. He will, however, continue to teach Writing Law with Professor Janet Lindgren, and Corporations and Wall Street will be picked up in theFalland Spring of the next school year. The thief or thieves have not yet been apprehended, and it is uncertain whether the thief is interested in the resale value of the items stolen, is hoping to put the stolen items to personal use or is simply a prankster looking for excitement and finds the wooden lockers easy prey. The lockers can be broken into easily without the knowledge of lock combinations. Technical Specialist Marie McLeod is in charge of all student lockers and although she found the four incidents reported to her disturbing, she commented that the number of incidents was "average or below the average" number of locker thefts reported each year. Ms. McLeod stressed, "If students have had items stolen from their lockers they should be sure to report them to myself or public safety." She also advised that all the thefts occurred overnight or on the weekends, and students shouldn't leave books in their lockers during these times. Dean Filvaroff has met with Public Safety officials regarding the incidents. He said, "I deeply regret the fact of the thefts and the inconvenience and problems they have caused students. We have reported these incidents to public safety and as I understand it, they have taken steps to prevent them from occurring again, including stepped up patrols in the area." Neither Ms. McLeod nor Dean Filvaroff stated any plans to change the types of locks used on the wooden lockers but Dean Filvaroff hinted that this may be an eventual solution, "If significant problems continue, we'll explore what other measures might be possible." Victims of the locker thefts are upset by the incidents and dismayed by the risk students take when they use the wooden lockers. Third year student Jim Grasso had several textbooks stolen from his locker only weeks before final exams. He commented, "It's ironic that when you go from being a first year to a third year, you supposedly get the better lockers, but in reality they're unuseable." Grasso also feels that students should be warned of potential thefts in advance. "The administration should have told us in advance that these lockers could easily be broken into so that we didn't store valuables in them." Another third year student, Donna Karas, had a tape recorder stolen from her locker. She commented that she no longer uses her locker and is dismayed that physical changes won't be made to make the lockers less vulnerable to breakins. No locker thefts have been reported to school officials this semester. HIGHLIGHTS Faculty Candidate Peter Kahn visits the Law School Early Bar Review Program Intended to Ignite Third Years A Glimpse at News from Opinions Past . pg. 3 pg. 8 pg. 11 �#1 THE REASON SO MANY PEOPLE CHOOSE PIEPER: ■ ij i \k ij hfc i ■ Isn't that what a Bar Review Course is all about? PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. 90 willis avenue, meneola, phone: new york 11520 (516) 747-4311 The Bar Course That Cares. MIAE PARK 2 The Opinion January 31, 1990 • Buffalo Representatives BARBARA SCHAUS • JAMES SNASHALL �UNSUNG HEROS: Dene Fleischmann Animates Alumni Association Although the University at Buffalo Law School Alumni Association has been in existence for manyyears, it has been heading in a new direction since llene Fleischmann was hired as its part time Executive Director in 1985. Executive Board members, interested in hiring a professional to take responsibility for editing the Law Forum, the Alumni Association's official publication, were intrigued by Ms. Fleischmann's journalistic background and asked her to fill the new position. by Donna Crumlish Editor-in-Chief One way in which Ms. Fleischmann is hoping to spread the word about UB Law is by creating chapters ofthe organization across the country. Currently theAssociation has chapters in Rochester and New York City, and Washington D.C. and Central New York chapters are presently in the process of being formed. There are 6200 living UB Law Alumni, approximately 3000 of whom are in the Buffalo area. The Association distributes information about upcoming events and current activities to all alumni although only 20% of alumni are dues-paying members of the Association. Having worked as a columnist at the Courier Express (a daily newspaper in Buffalo until 1982), and an editor at a national women's magazine, Ms. Fleischmann felt confident she could take over the editing of the Law Forum and was eager to accept the challenge. She was working as a full time free-lance writer at the time she took over the position and continues to free-lance in her spare time, along with writing regular columns for Buffalo Magazine, published by the Buffalo News each Sunday. The position of Executive Director has greatly evolved during the past five years, and although the Law Forum is still high priority, Ms. Fleischmann is now involved in every aspect of Alumni Association activities. "The purpose of the Alumni Association" said Ms. Fleischmann "is to help alumni support their Law School. We're trying to build a national reputation for our Law School and we need the support of alumni to enhance our reputation; consequently, we'll be able to attract better students and better faculty." llene Fleischmann The dues collected by the Association ($25.00 per person) are used to support Food Drive Begins Today In Front of Law Library The Erie County Bar Association is sponsoring the "Have A Heart" food drive. The drive started January 29 and will culminate with the delivery of food and money to the Food Bank of Western New York on Valentine's Day. Erie County Law firms as well as the Law School are being asked to collect canned and other non-perishable goods and money. by Maria Schmit Staff Writer On Wednesday, January 31, and Thursday,February 1,the Student Bar Association will have tables set up in front of the library. Students can drop off cans and other non-perishable food or make money donations.The Law School's goal is to collect 800 cans. If every student and faculty memberbrings in a can, theschool will reach this goal. While many law firms may go the money route, it would be nice if the law school could make a large showing of canned goods. By collecting a large quantity of canned and other non-perishable food, the Law School will show that its students possess social awareness and concern. Another advantage of collecting canned goods is that every student, even on a limited budget, should be able to do her/his part. Many canned foods, such as soup, cost about as much as a snack from the vending machine. After thefood is turned over to the Food Bank it will be channeled to the many public service agencies in Erie, Chautauqua, Cattaraugus and Niagara counties. These agencies will then distribute the food to the needy. The people who receive the food are generally poor working families and the unemployed. The food is desparately needed. On Wednesday, January 31 and Thursday, February 1, remember, you CAN make a difference. Alumni Association activities, including aid given to student groups. The Association annually funds and organizes an orientation party for incoming students. The Alumni Association also assists in funding the Desmond Moot Court Board banquet at the end of the annual in-house Moot Court competition. The Association also sponsors a convocation (this year's will be held March 10) and asks area law firms to sponsor students who would like to attend but are intimidated by the cost of the following luncheon ($35.00). Ms. Fleischmann's journalistic background has also come into play in the area of communications. Although she was hired as Executive Director of the Alumni Association, her job has developed so much that it became a full time position in 1987 and her title is now Director of Alumni and Communications.She assists faculty in publicizing events and uses her media contacts to keep UB law in the public eye whenever possible. Ms. Fleischmann's monthly television show on WKBW Channel 7 ("Mind over Myth") sometimes features Law School faculty members discussing current events and she regularly issues press releases to all Buffalo area publications regarding Law School events. Although Ms. Fleischmann is highly satisfied with all aspects of her job, she is most proud of thework shedid on theLaw School Centennial Celebration in 1987. "We had a beautiful centennial. We had an exhibit built that went around town for two years, and a weekend of events, including a dinner dance at the Armory; a big party at the Ellicott Square Building, and an academic symposium. That was a huge public relations effort and I'm happy that it came early on in my career here because I think that it showed alumni that the Alumni Association could be very useful and revitalized." One of the major projects of the Alumni Association at this time is the publishing of a history oftheLaw School. Ms. Fleischmann said "The history is being written by two alumniand the project was first undertaken during the Centennial Celebration. When it is completed, it will be distributed free of charge to all alumni and all students." Ms. Fleischmann feels quite comfortable in her present position at the Law School and although she admits "working with 6,000 lawyers has been a unique experience," she has high hopes for the future of the Association. Plans for the development of new chapters are currently in the works (possibly in central New York, Chicago and Florida), and her mind is constantly conjuring up ways to increase the Law School's visibility and make its name known nationally. Faculty Candidate Kahn Meets With Students SUNY-Buffalo Law is currently interviewing candidates for two vacancies on its staff. On January 18 and 19 Peter Kahn met with students and professors to discuss his position on legal issues and to give a sketch of his background. Kahn received his Bachelor of Arts and his Doctorate in Economics from the University of Chicago. He received his Juris Doctor from Emory SchooJ of Law. by John B. Licata Staff Writer Kahn is essentially an economicminded professor with weighty international law experience. Kahn's position as Legal Advisor to theVice-Chairman of the U.S. InternationalTrade Commission provides him with a strong background of low the "black-letter law" aspect of international law and hopes to use examples from recent events to bring a degree of applicability to the course. His rapport with the students was easily established through his self-effacing manner and quick wit. When asked how he planned to teach, Kahn replied that he felt "students can't learn when they can leave any time they want, so I'd have two (teaching assistants) lock the doors and have students stand in the aisles when they have a question."Initially, some ofthe students had trouble breathing, but Kahn's sense of humor surfaced and laughter rang out in the warm environment of mutual anxiety. Within the span of forty-five minutes Kahn told stories of his life, his father's life, and described the general pattern of SBA Food Drive Party Friday, Feb. 2, 1990, 9:30 PM at Marshalls (across from The Blue Note) Each law student is asked to contribute 3 lbs. of canned or non-perishable dry goods, or as an alternative, a $3.00 contribution. All donations will go to the Food Bank of Western New York on Feb. 14 by the Erie County Bar Association. FREE BEER, SODA AND WINGS! Hope To See Everyone There. Faculty Candidate Peter Kahn actual international experience. "He's not working with just books and theories," lawyers who have children too early and eventually buy a sports car to make up one student observed. Kahn writes for their lost youth. In his circular way he answered all the questions put to him dememos and the legal position for theVicespite being visibly tiredfrom his agenda. Chairman concerning many of the issues of international law and trade policy. When asked about his personal politics "With regard to the Vice-Chairman leasKahn replied that many co-workers in the Bush Administration feel he is a leftisting his car or his renting his apartment, fanatic. However, he believes himself a those are his problems," Kahn joked in Liberal-Democrat who would probably his description of his work. Kahn's refall somewhere to the "right" of the sume is available in room 318 where an SUNY-Buffalo Law faculty. He worked on open file is maintained by Charmagne the Gary Hart campaign in 1984 (not on Henry. Ms. Henry will have files of all visthe Donna Rice debacle) but he did make iting candidates for students to view if interested. it clear that his classroom would not be Kahn is interested in developing a a forum for espousing his own political course where students do not strictly folbeliefs. January 31, 1990 The Opinion 3 �Activist Attorney To Report To UB On Secret Government Plot Brian Glick is a public interest lawyer based in Brooklyn, New York. Glick was active in Students for a Democratic Society and thecivil rights and anti-war movements of the 19605. Glick co-authored The Bust Book: What to do Until the Lawyer Comes and The Jailhouse Lawyer's Manual. His most recent book War at Home: CovertAction Against U.S. Activists and What We Can Do About It, was released in 1989. PRO. The program basically continues, but under other names. CQINTELPRO was only one of many phases of the history ofgovernment attacks on U.S. activists. There had been many attacks prior to the establishment of COINTELPRO and these attacks continue today. Q: A: by Nathaniel Charny Brian Glick will be speaking, along with Professor Muhammad Kenyatta, at the U.B. Law School, O'Brian Hall on Wednesday, February 7, 1990, at 7:00 pm in the Fifth Floor Lounge. They will discuss "United States Government's secret attacks on domestic dissent." Glick is using his visitto Buffalo, in part, to visitwith his client, Albert Washington, one of the "New York Three," currently serving a life sentence for murder at Wende Correctional Facility in Albion, New York. Q: The title ofyour new book is "War at Home: Covert Action Against U.S. Activists and What We Can Do About It." Can you describe this war and what its all about? A: First of all, the book is "War at Home," because I don't think this is the only war being waged. Within the United States, though, national, state and local police agencies have waged a persistent war against activists working for peace and social justice in this country. This war is being waged covertly. Q: What do you mean by covertly? A: COINTELPRO, which is the acronym for Counter Intelligence Programs, is probably the most public form that these government attacks have taken. For example, look at that name. The name is used to make it appear as if these are operations that exist to counter some enemy intelligence operations, for example soviet spies or Cuban saboteurs, but that's phony. In fact, these programs they were designed to "discredit, disrupt or otherwise neutralize" (that's a direct quote from COINTELPRO files) a very broad range of entirely home grown activists and movements, like the civil rights movements, the antiwar movement, and the women's . Q: A: movement. COINTELPRO doesn't exist anymore, is there still a concern for activists in the 19905? A: Oh, absolutely. COINTELPRO disbanded in April of 1971, but, in fact, even the documents discontinuing it indicate thatall this discontinued was the formal, nationally centralized program but the same "sensitive techniques and operations" continue on a case by case basis "with tight procedures to ensure absolute security." This is a direct quote from the FBI directives disbanding COINTEL- How is this war being fought, what tactics are being used? Well, a very good example is from a professor at your Law School, Muhammad Kenyatta. When I was doing research for the book I circulated drafts to activists and people who had done research or been a target of COINTELPRO and other domestic covert action programs under other names. One of these people was Professor Kenyatta who had, in the 19605, been one of the unnamed targets of this program. What the FBI did was send letters violence threatening personal against Kenyatta and his family if he didn't get out ofAlabama. The letters pretended to be from the Tougaloo Defense Committee. College Kenyatta took these letters as real, and only years later did he learn that no suchcommunication was directed at him from any Tougaloo students but, rather was an FBI effort to drive him out of the South, which succeeded. Keep in mind that this was the culmination of a long series of covert operations that they mounted against Kenyatta all through the late sixties whilehe was an important civil rights worker. ".. In the winter of 1969, after an extended campaign ofFBI and police harrassment, Kenyatta received a letter, purportedly from the Tougaloo College Defense Committee which "directed" that he cease his political activities immediately. If he did not "heed our diplomatic and well-thoughtout-warning," the committee would consider taking measures "which would have a more direct effect and which would not be as cordial as this note." Kenyatta and his wife left. Only years later did they learn it was not Tougaloo students, but FBI covert operators who had driven them out." (War at Home, p.46-47) Are forgeries a common tactic? They are very common. This includes both forgeries pretending to be from existing organizations, and also the creation of phony progressive organizations that do damage. Youalso have to be on the look-out for completely fictitious organizations thatdo damage through leafletting, phonecalling and pamphletting. Keep in mind that all of these methods of psychological warfare are documented in FBI files that we were able to obtain in the 19705. How do you respond to your critics who call you paranoid? Q: Since Q: Student Suit The Law School's brief continues, stating that "plaintiffs demonstrate a difficulty of definition in the ideology they claim they wish to express. They do say they are members of the Federalist Society, but beyond that identifying association, they claim only that they are 'conservative and libertarian.'" This "vagueness makes it impossible for this Court to surmise whether the intended expressions that plaintiffs claim they wish to make... are even protected speech. Such nebulous assertions do nothing to demonstrate that Plaintiffs have suffered a concrete injury; rather, they simply represent plaintiffs' subjective beliefs." In her affidavit, Ms. Lango claims that "the Statement provides only that critical comments by students 'will generate critical responses and swift, open condemna4 from page 1 tion by thefaculty.'Thus, any constitutionally protected speech will cause only a continuing dialogue of speech and may in no instance prompt sanction or penalty." Ms. Lango also states that "the operative date here seems to be September 1987 (a time when neither named defendant alleges he was even enrolled as a student) and there is a failure to allege that all forty-one named defendants were even atSUNYAB." In what appeared to be a final parting shot, the affidavitfor thedefendants points out that "neither plaintiffs' initial complaint, nor the two amendments, reflect the correct title of their own law school." By University pronouncement on April 5, 1989,theofficial designation was changed from "Faculty ofLaw & Jurisprudence" to "School of Law." The Opinion January 31, 1990 A: Paranoid? This stuff is documented. This is from available FBI documents. It's in their documents and augmented by the testimony and confession of some of their former operatives. This is not stuff we think happened, it's what FBI documents and former FBI agents have stated. You know, the book is not primarily about the past. It's actually to learn from the past. The technology changes over time. The targets may change, but the same basic methods are used all through U.S. history. I think that most people don't know and most people would be upset if they realized whats going on. The biggest problem is that most people don'tknow the extent of what's going on. I remember teaching an undergraduate class in Western Massaachusetts on "Popular Rebellion and Government Oppression." People currently active have little understanding of what we learned and how important it is to pass it on. The students in the class were really stunned. I actually had conversations with students who told me that "I don't want to believe that this is happening." War at Home is an effort to synthesise, in an accessible form, what we learned from what we now know about what the government did to us in the 19605. I am hoping that it will open up a discussion of what we can do both publicly and within our groups and movements to protect ourselves form being undermined, to be less damaged by these kinds of covert tactics. Q: Not only have you researched and written about this subject, you are also involved in various criminal cases, involving victims of these government programs. A: In the 70's started learning about what the government had been doing to activists and then I began as a lawyer to represent activists (particularly African-Americans) that had been victimized by these government programs. The first major defendant was Geronimo Pratt, the National Leader of the Black Panther Party who is still in prison in California. "In July 1972, Panther Leader Elmer "Geronimo" Pratt was successfully framed for a senseless $70 robbery-murder committed while he was hundreds of miles away Documents obtained through the Freedom of Information act later revealed that at least two FBI agents had infiltrated Pratt's defense committee. They also indicated that the state's main witness, Julio Butler, was a paid informer who had worked under the direction of the FBI and the Los Angeles Police Department." War at Home, p. 24. Currently, I am representing three former Black Panthers ("the New .. York Three," including Albert Washington who is incarcerated in Wende Correctional Facilitty in Western New York). We just filed, on behalfof Washington and histwo co-defendants, a writ of habeous corpus showing a vast range of documented government misconduct. For example, FBI ballistics reports withheld during their mid-1970s trials showed that bullets from an alleged murder weapon did not match those found at the site of the killings for which they are still serving life terms. The star witness against them has publicly recanted his testimony, swearing that he lied after being tortured by police and secretly threatened by the prosecutor and judge. Ballistic reports show that the alleged weapon doesn't match, this evidence was not allowed, and the FBI testified that it did match. This is a great example of covert activity. It might interest students atthe Law School that co-counsel in this case is the Criminal Law Clinic at Cardoza Law School. Law Students have been doing alot of work over the last years on this case. Q: How receptive is the federal court to this type of case? A: If it was any other group of people, for example the mafia, we would have no trouble with this case. Since its black militants we only have a slight chance. Q: And what does the 1990's hold in store for us? A: Governmentattacks on U.S. activists are not stopping. When COINTELPRO disbanded in 1971 the attacks be- came far more covert, as actually directed by the FBI. Look at what happened in Miami, Florida, to the eyewitnesses to theSalvadoran military assassination of the Jesuit Priests in San Salvador. The FBI held these witnesses in captivity and harrassed them until they changed their story. The top leadership of Earth First is in prison and being prosectued on the basis of the testimony of an FBI infiltrator. This is happening in 1989. And look at what the FBI did to the Committee in Solidarity with the People of El Salvador (CISPES). Government documents obtained through the Freedom of Information Act show that from 1981 to 1985 the FBI infiltrated the committee and disrupted its work all across the country, by printing bogus literature under the name, CISPES burglarizing of CISPES member's homes and the payment of right-wing students to start fights at CISPES rallies. Most importantly, the 1990's will allow activists to understand government tactics aimed at disruption and neutralization of effect. Activists in the 1990's have the ability to protect themselves. And, indeed, to be an activist in the 1990's you will have to protect yourself. The Charles Revson Foundation announces the availability of Law Students Public Interest (LSPIN) Fellowships for law students interested in working in public interest positions. Stipends of $3,250 are available for first and second year law students attending law school in New York and New Jersey who have secured volunteer summer placements with public interest organizations in the New York metropolitan area. The 1990 LSPIN Fellow Program is being administered by the Root-Tilden-Snow Program at New York University School of Law. Up to 50 grants will be made to students working full time or ten weeks during the summer of 1990. Applications and more detailed guidelines have been forwarded to both the Dean's office and the Placement Office. LSPIN encourages all interested students to apply. Deadline for applications is Thursday, March 15,1990. Awards will be announced by Monday, April 9,1990. �MOVIE REVIEW Roger and Me: Flint Sparks Filmmaker's Ire Roger and Me is the most importantfilm of the year. This documentary is the story of the death of an American city. In the early 19305, General Motors set up plants in Flint, Michigan. The town soon prospered, and over the years, GM amassed billons in profits. Then, without warning, GM began closing its plants in the early 1980s. Labor, it seems, was cheaper in Mexico, and so the plants headed south and out of the country. The laid-off auto workers ofFlint were swept into a crisis of poverty and despair. by Michael D. Gurwitz Features Editor Michael Moore, the director of Roger and Me, grew up in Flint. The main factor in the lives of his and his neighbors' families was General Motors Corporation everyone worked for it. When Mr. Moore left Flint to pursue journalism in California, Flint was a thriving city. During his time in California, GM began the plant closings. When Mr. Moore returned to Flint, he was shocked to find the massive unemployment and urban decay that resulted from the closings. He decided to track down the man he felt was respon- — — sible for the disaster the Chairman of General Motors. The Chairman's name is Roger Smith. He is the "Roger" of the film's title, and it is his pursuit by Mr. Moore and his independent film company. Dog Eat Dog, which provides the framework for Roger and Me. Though flogerand/Wechronicles a tragic chapter in American history, it is not a bleak film. On the contrary, Mr. Moore's attempts to interview the elusive Roger Smith are very funny. We follow him and his crew as they track Roger over several states, and then attempt to bullshit their way into the executive offices at General Motors headquarters. They are rebuffed every time, sometimes by security, sometimes by slippery PR people, and sometimes by the various pretentious goons who oversee the private clubs frequented by the oft-mentioned, but never seen, Roger Smith. Back in Flint, Michigan, things only get worse. After being ranked by Money Magazine ad the worst city in the country to live in, the residents of Flint strive valiantly to save their city. Their attempts range from the desperate (boon-doggles like the building of a new luxury hotel and waterfront malls) to downtown absurd (an amusement park called AutoWorld which the town hopes to use as a major tourist attraction.) GM also tries to beautify the situation by providing Bread & Circus entertainment. Pat Boone and Anita Bryant are called in to cheer up the newly impoverished, and Miss Michigan herself stars in a parade through the decaying streets of downtown Flint. Unfortunately, nothing works, and Flint is shown falling into a black hole of poverty, crime, madness, and death. The film follows the sheriff's deputy as he goes about his daily task of evicting laid-off workers and their families from homes they can no longer afford. The deputy is obviously disturbed by what he has to do, but it is his job, and in Flint, jobs are not something one can easily afford to give up. The other thriving industries in Flint are quite telling: the postal workers are secure lots of change of address cards to process; the local truck rental companies do a brisk business, and worst of all, the brand new prison in town promises to employ many laid-off auto workers as guards. Unfortunately, the prisoners they are guarding are their once-fellow workers. Such is the legacy of the plant closings. — Meanwhile the rich of Flint lounge in their country clubs or play golf on the neatly manicuredranges surrounding their mansions and estates. These people seem oblivious to the economic and social disaster occurring just beyond the boundaries of theirprivate kingdoms. Whenasked by Mr. Moore howthey feltaboutthe plant closings and newly impoverished workers, their answers tended to be along the lines of: "those people are lazy and don't want to work." Roger and Me is in many ways a chronicle of pure evil, American style. Mr. Moore and his crew have documented the true face of the dark years of Reagan. The rich got richer, the poor got poorer, but by God, it's good to be An American. Flint, Michigan is still a dying city. Roger and Me can not be shown there. This is not because of political pressure it is because all the theaters in Flint have closed. As for Roger Smith, does Mr. Moore ever get to meet him? The answer lies at the end of the film, and is well worth the wait. Roger and Me is tragic, and funny, and absurd, but most of all, it is the best film you can see this year. Roger and Me is rated PG. — AALSByLaw Prohibits Recruitment Discrimination The American Association of Law Schools (AALS) has amended its bylaws to require member law schools to end recruitment discrimination against gays and lesbians, and based on age and handicap or disability. The amendment was approved by a two-thirds vote at the Saturday,January 6,1990 House of Delegates session of the AALS. by Nathaniel Charny The resolution that was passed amended ByLaw 6.4, Diversity: Non-Discrimination and Affirmative Action. Subdivision B of the ByLaw was amended to read: "A member school shall pursue a policy of providing its students and graduates with equal opportunity to obtain employment, without discrimination or segregation on the ground of race, color, religion, national origin, sex, age, handicap or disability, or sexual orientation." According to U.B. Law School Dean David Filvaroff, complying with this ByLaw is necessary for membership in AALS and accreditation by the organization. Although, according to Filvaroff, the amend- ment is a standard of "general application and no one is naive enough to think its limited to a single potential employer, the military istheonlyemployerwho expressly and overtly lists its disqualifications for hiring (the military has an express policy of not hiring anyone overtheage of thirtyfive, or people who are handicapped or gay or lesbian). The military stands out in singular fashion." Although there was discussion about exceptions to the new bylaw, for example whetherchurch affiliated lawschoolscould limit enrollment based on religion, no discussion was made regarding an exception for the military. "We are now obligated to abide by the new AALS policy, which is a condition of our membership in a very importantassociation of 157 American law schools. I think that we have to make it clear that when we participate in recruitment by the Judge Advocate Generals (JAG) Corps, in terms of using our law school services, we are in violation of the Governor's Executive Order #28 (which prohibits state agencies from promoting discrimination against gays and lesbians) and now we are also violating the AALS policy," commented Professor of Law Louis Swartz, who attended the AALS conference along with Filvaroff. The AALS bylaw amendment is especially significant considering the number of law schools, across the country, who are questioning the military'spolicy of discrimination based on age, physical ability and sexual orientation. The latest law school to join schools such as Harvard Law School, New York University Law School, and the University of Michigan Law School to take action against the JAG Corps was the University of lowa College of Law, who, this winter, banned the U.S. Army and Marines from the their campus because of their policy ofrecruitment discrimination. In addition, a draft report of the Pentagon Research Center, released in October of 1989,concludedthat theAmerican military should consider ending discriminatory practices against homosexuals and allow them in the services. The report concludedthatthere was no evidence that homosexuals were any greater security risk than heterosexuals and no more likely to be blackmailed. The report likened opening up the military for gaysand lesbians with integration of the military for blacks, forty years ago. The U.B. law school faculty, in September of 1988, voted to prohibit the use of Career Development Office facilities by discriminatory recruiters. In April of 1989 President Sampleruled thatthelaw school did not have the power to make such a decision. Sample decided that such recruiters, despite their discriminatory practices would be allowed to use University staff and materials to recruit on campus. "Sample got lost on the point that we have no power to tell the military what they may and may not do. The point isthat the Governor's Order (#2B) and the new bylaw now tell us what we may not do," said Swartz. The AALS bylaw amendment will be considered by both the University-wide committee, chaired by the Provost's office, which is considering the University's anti-discrimination policy, and the Law School Faculty's recently created committee charged with reporting on the status of the Law School's anti-discrimination policy since Sample's actions last spring. The Official Opinion Publication Schedule Spring 1990 — Deadline Monday, Feb. 5 Tuesday, Feb. 20 Monday, March 5 Monday, March 26 Monday, April 9 Layout Thursday, Feb. 8 Thursday, Feb. 22 Thursday, March 8 Thursday, March 29 Thursday, April 12 — Publication Wednesday, Feb. 14 Wednesday, Feb. 28 Wednesday, March 21 Wednesday, April 4 Wednesday, Aprii 18 All articles, letters, photos, cartoons, etc. must be submitted by 5:00 pm on the deadline date. All submissions should be submitted on a WordPerfect 5.0 disk or typed and double spaced. Letters to the editor should be no longer than three pages double spaced. Letters longer than three pages will not be printed. Please submit everything to mailboxes 59 or 60. Do not slide submissions under The Opinion office door. Layout takes place at 5:00 in The Opinion office. January 31, 1990 The Opinion 5 �(3PiNio]Nniiiij STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Volume 30, No. 9 January 31, 1990 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: Andrew Culbertson Business Manager: Maria A. Rivera News Editor: Bruce Brown Features Editor: Michael D. Gurwitz Photography Editor: JeffMarkello EDITORIALS: Locker Thefts Demonstrate Need for Re-vamped Lockers Last semester's locker break-ins raised many questions among students. We found it hard to believe that a law student could be responsible for the thefts and it was easy to place the blame on undergraduates or persons who were not students at all. The theft of one student's entire notebook from the law library made us face the reality that law students can be thieves too. What person besides a law student would have a use for class notes? There is always the hope that it was just a prank and the thief didn't know what he/she was taking but rather grabbed the first available item. Fortunately, it is a strong possibility that the library theft and the locker thefts are unrelated. Whoever the thief was we all had to decide how to approach the locker situation. What could we do to protect ourselves? Many of us chose not to use our lockers at all and we continue not to use them. Almost all of us stopped leaving our belongings in lockers overnight. The fact that the lockers can be opened without knowing the combinations leaves most students uneasy. Although many students would feel more at ease if the locker thief were caught, the fact that the lockers are an easy mark for anyone looking to make some quick cash will not change. So, what can be done? The most obvious solution to all is to put a different type of lock on the wooden lockers, a lock that works, not a lock that merely looks like a lock but is really no more than a latch. This endeavor will cost money, no doubt about it, but it would be a worthwhile investment. If even one student has his/her personal belongings stolen due to defects in the way the lockers or the locks are built, that should be enough to initiate action. The fact that several students every year report the theft of items stored in their lockers should be a sounding alarm. Is this situation going to be like the traffic light that can't be installed until there are enough accidents to prove its worth? The fact that public safety is actively pursuing the locker thief is not enough. If or when the thief is caught there will be other thieves waiting in the wings. No doubt, the revamping of hundreds of lockers will be no easy task, but the task is a necessary one and plans to start it should begin immediately. Law School Book Exchange On The Right Track At the end of the first week of school, In The Public Interest sponsored a Book Exchange, the purpose of which was to give students the opportunity to buy used books at a price lower than those at Folletts Bookstore and to sell books at a price higher than that paid by the bookstore. It was a great idea and one whose time had definitely come. All parties involved (buyers and sellers) were pleased with the results. It is events such as these that can help unite the student body. A book sale crosses all political lines and is geared toward benefitting individual students at a time when many students have severely depleted funds due to holiday spending. Although In The Public Interest collected a $3.00 fee from those selling, the event was hardly a fund-raiser and almost all sellers were easily able to recoup the $3.00 through sales. The Law School needs more events with the characteristics of the book sale. Let's hope that it becomes an event every semester and that this year's experience will allow its originators to execute it in a more timely manner next year, so that more students can benefit from the sale. Staff Christina A. Agola, Ted Baecher, Len B. Cooper, Dennis Fordham, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketchum, Darryl McPherson, Jim Monroe, Maria Schmitt, Sandra Williams. Contributors: Nathaniel Charny, Ellen Gibson, N. Higgins, Judi Zirin. ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. Theviews expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. 6 The Opinion January 31, 1990 The Opinion Mailbox Public InterestFavors TheRich To the Editor: There are many graduating students who have looked for nongovernment "public interest" jobsor who are currently looking for them. The dilemma is that there are some interesting jobs out there that many would take in an instant. The problem is that they don'tpay you enough to pay the rent, feed yourself and payback your student loans. Many of the most desirable public interest jobs are based in New York City, Los Angeles, Washington, D.C. or Chicago. Thesearethe most expensive cities to live in. Frankly, on a salary that is usually between $15K to $20K it's impossible to make ends meet. Some people takethese jobs and find that living with a friend or family is the necessary thing to do so that you can survive. Butwhatdoyou do if you don'thave family or friends in that particular city? Do you end up paying $800 to $1,000 a month for an apartment in addition to the $150 to $250 a month instudent loans? It is my belief that it has reached a point wherethe public interest job outthere has been created with a particular student in mind. These are students who have the $upport of their family so that they can take these jobs for a couple of years and then move on. Many of us don't have such a support apparatus to take these jobs. Some of us simply do not want to work in private law firms with its problems of racism, sexism and testosterone poisoning. In other words, some of us cannot possibly get a job with a private law firm because they have a policy of not hiring certain public interest people or certain sex or race. Our law school has to do something to help these students who are willing to take these public interest jobs. In order for those of us willing to take these public interest jobs so that we can help real people with real problems from a grassroots level, we need to get rid of our student loan payments. We need to have a program where a public interest agency will feel comfortable hiring a graduate and not only compensate him/her, but also deal with his/her student loan. Some of us have or will have dependents whom we must support. We cannot possibly worry about paying back student loans with monies we don't have. Some of us are committed to providing legal services to the people who don't have them. We certainly will not be able to do that if we must live at the poverty level. I simply have a question: What is our law school doing about this problem? Are they truly committed to public interest? Yes, they have the summer public interest fellowships, but how successful were they last year? Martin Sanchez Rojas — Grade Curve Policy Criticized To The Editor: Many of us in the first year class have believed, as we have been told, that the most important priority in law school should be ethics. I understood that to mean honesty, integrity, and a basic sense of fairness. The reality of finding these qualities practiced, however, appears to be somewhat less than such noble expectations. In my Research and Writing class, the instructor stated that we would be graded on a curve and that only 25-35% could obtain the highest mark. When asked, "Do you mean if all of us produce perfect work, we cannot all expect a perfect grade?" he responded, "Yes, that's true." Someone then said, "Oh well, there's nothing fair about law school." Sorry, but I say that dog just won't hunt. If we cannot expect to find justice here, then where? The fundamental reason why a rule of this nature is so appalling is because it represents an untruth. In essence, it is saying that our work may not be what it is, and that we might not have the right to "reap what we have sown." Apart from that, surely the paramount goal of any teacher is to behold each of his students complete. If it is not, perhaps it should be. Is not the lowest ranked student as deserving as the highestto experience perfect understanding? All we heard during orientation about ethics were really statements about truth, not truth itself. Consequentially, the words are a cause rather than an effect. Individuals don't become un-ethical in one giant leap, they reach that state by taking little steps at a time. From the grading example, I feel a student could conclude that it is okay to lie sometimes, even justified. And what's more, that it is to be expected as we pass through these halls of learning. This instance may, indeed, seem to be a trivial matter, but minor expressions have power once they are buried into consciousness. Primary acceptance may lead to a point where one can no longer discern truth from the untruth. Keep in mind, that regardless of the impressions one might get in law classes, truth is not relative. It is eternally present and can never be other than what it is. To be accepted into law school is an opportunity of staggering dimensions. The powers of fulfilling and bringing forth are now ours to use. But, is it not discouraging enough to be overwhelmed by the sheer magnitude and confusion of so much new material and ideas, that we must also be told some of us will fail, even if we succeed? We are here for a purpose. Is such a standard in harmony with that purpose? The higher we go, the more we master, the greater the responsibility to be ever watchful of what we're expressing and what is being expressed to us. After all is said and done, our real education will be found in the every day nitty gritty personal choices which nobody else may see or know. We will become "that which we seek to interpret." Some of us will strive until we exhaust ourselves; others will move along easily and steadily; and a few will be unable to contain themselves, their excitement of understanding is so intense. The method is not important, but the effort is. I have observed that we don't always comprehend what we're learning anyway. In the end, it is not that we all produce perfect work, it is if we do, we must all have the right to our perfect reward. Law school is no place to show students how to be unjust, and by such injustice, to be dishonest. I actually wrote this complaint to the paper during the second week of classes in September. I informed my T.A. of the letter, and when he recovered from his initial annoyed emotion, he said he didn't think I could fairly or rightly judge after only one week of classes. He also told me that if I felt the same way after being in the law school experience for a period of time, I should print it. A semester has passed, but I still feel the same. I harbor no disparagementtowards him or the incident or anyone elsefor that matter. He was relating in a very honest and frank manner what he had been told the standards were to be, from 'higher up.' Neither is it my purpose to condemn or judge those who are the hierarchy, because reasonable minds will inevitably differ. These same ones who decide the path of our legal education with a word or a stroke of the pen, do have an inalienable right to express their free will, their opinion of our work, and their power. But if they have that right, so must I. There is a quote that essentially says, "If you convinced me of your point of view and I convinced you of mine, there would still be two points of view." Is it not better yet to come together and find the most righteous view of all? Change is seldom easy, but it is almost always worth the effort. Jerri B. Gordon — �GROUND ZERO Griffin Next Despot To Be Ousted In Democratic Revolution? Question:What'sthe difference between the countries of East Europe and Buffalo, New York? Answer: The countries of East Europe have gotten rid of their corrupt, incompetent leaders. Of course, I could extend that analogy to the difference between East Europe and the United States, but for now, let's focus on the glories of that heck of a guy, Mayor Jimmy Griffin. Of course, yours truly writes this column at some personal risk, as Griffin has been known to punch first (either personally or through the goon squad known as the Buffalo police) and avoid questions later. But the power of the press will not be limited by the local version of the Ceausescu. by Michael D. Gurwitz Features Editor This just in: miffed that he could no longersell lemonadefrom lakesidestands, Buffalo Parks Commissioner Robert E. Delano had all the water drained from Lake Erie and replaced with sulphuric acid; Mayor Griffin praises Delano for doing "a damn good job." Okay, that didn't really happen, but it may as well have. The laundry list alleged on Griffin and/or Delano, for just this semester (for those of us who measure time by such quantums), includes: having Parks Department personnel work on private residences; the purchase of lots of chlorine of a type used as infrequently as Dan Quayle thinks by, who else, the Parks Department; the purchase of enough dog food (by the Parks Dept? I forget, but it was some dopey city official) to feed all of Buffalo's dogs from now until doomsday (or Dan Quayle thinks, whichever comes first): and, last but not least toxic, the dumping ofanti-freezing chemicals into Delaware Park lake on the orders ofDelano as a vicious attempt to penalize the ice-skaters of Buffalo for denying him vending permits in the park. (By the way, critics of Delano mysteriously get theircar windshields smashed by rocks I'll let youknow if I need a ride). Griffin'sreaction to these and other allegations? everything's hunky-dory, it's morning in Buf- — — COMMENTARY: Grades Are Only A State ofMind It is the end of one semester and the beginning of a new one. As first-years, manyof usare weary and not yet fully recovered from last semester's agony of exams. Even worse, after three weeks of anticipation, wondering if we will be rewarded for all the stress and strains we went through for those ever so long examinations, some of us have re- by Sandra Williams Staff Writer turned to disappointments. Some of us came up shortofthecoveted 'H' grade that is the proverbial stepping stone to security, not only for excelling in the academia butalso for better chances with the Career Development Office and with employers. Of course, I can attempt to persuade you that the Career Development will fight harder for us with our Qs and Ds. I could also attempt to persuade each and everyone ofyou that the Office will take time to help develop our resumes into ones that will accentuate the positive and eliminate the negative. I could also attempt to persuade you that whether you get or) Law Review or not, you will be guaranteed an interview. However, I am in the same boat as you. AMERICA? my compadre, and I will leave the convincing to all those on Law Review, all those with the Hs, and the CDO. I can only attempt to persuade you, however, that last semester was only the beginning. We have all worked hard and there are few good reasons that can discourage us from continuing pursuit of our goal. What many of our professors have attempted to say to most of us is that the grading is arbitrary. To believe or not to believe is our choice. We may think we have done all we could but at the end of this semester most of us will surprise ourselves as to how much more we can do. We cannot thinkof ourselves as failures this early in the game. For most of us this should only be a guide to doing betterand excelling farther. CDO cannot be responsible for us unless weare responsibleforourselves. Find out whatthe department does and employ them to work for you. Perhaps they deserved it. We all are quality material. Work together. We have to put the past behind us and hold on to that part good or bad, that will make us calmer and better. Our best defense is positive thinking and positive actions. Remember this is the end of one semester and the beginning of a new one. Good luck. falo. Asked by television journalists whether Delano should be removed from the city payroll until the FBI investigation into the above-mentioned crimes is finished, Griffin merely paused, and then smiled. Presumably the pause gave him time to think up his intelligent and measured response, a grin. And this is the man who claims to be the education president? Whoops, er, I mean the responsible leader of Buffalo? (Sorry, sometimes I get my villainous Republican politicians confused.) Let us look to the example of Eastern Europe and cast this scoundrel from our midst! It's time for a recall election in Buffalo. We only need to get the names of 19,574 registered voters on a petition within a 30 day period to do it. Time well spent, I say. I'll vote for practically anyone else: Trammel, Hoyt, the woman who walks around saying "Buffalo is to be judged thus sayeth the Lord." Anyone but Griffin! Impossible, you say? That's what they said about Romania. I believe we can improve our local government without having to pay the ultimate price, as did the revolutionary Romanians. Anyhow, we don't have a choice Buffalo must get a new government, and soon. Albania is experiencing anti-government demonstrations. If Griffin still has Buffalo in his iron grip by thetimeAlbania gains its freedom, then I for one will be one embarrassed American. Well, more embarrassed, anyway. — What Should We Think About H.L. Mencken? It is always disappointing to learn that a person whom you admire has or had certain qualities that are clearly unadmirable. This is a phenomenon that most of us experience, not just once, but many times during our lives. We are shocked to hear that Martin Luther King, Jr. and John F. Kennedy were adulterers, that Charles Lindberg was a Nazi-sympathizer, or that Shakespeare was openly anti-Semitic. Of course, such revelations don't usually change the fact that these were accomplished individuals, regardless of their personal shortcomings. What they do illustrate is that people are people, and that success at one level doesn't preclude deficiencies on others. by Andrew Culbertson Managing Editor This phenomenon, however, becomes particularly problematic when the discovered characterflaw proves to have a direct bearing on that person's historical significance. Such is the case with Henry Louis (H.L.) Mencken, whose recently published diaries contain passages that are blatantly stereotypical of blacks and Jews. H.L. Mencken, America's foremost journalist during the first half of this century, was also one of this country's greatest enigmas. Bold and brash on the one hand, eloquent and intellectual on the other, Mencken captivated America with a style of journalism that is rarely seen in today's society. Richard Wright, who was heavily influenced by Mencken, stated that he was "jarred and shocked by Mencken's style, the clear, clean, sweeping, sentences laughing at the weaknesses of people, ... ... mocking God, authority this man was fighting, fighting with words." Mencken was a fighter, and a vicious one at that. His coverage of the Scopes "Monkey" Trial (a name he coined), was clear evidence of that. Along with Clarence Darrow and William Jennings Bryan, he was one of the figures who made the trial one of the great confrontations of the twentieth century. For Mencken, who loathed fundamentalist religion as well as the white southern mentality, the Scopes trial was the perfect vehicle for him to make a mockery of the religion, and fools out of the people. Always one who saw things for what they were, Mencken's advice to Darrow "to forget about the schoolteacher (John Scopes), and worry about making a fool out of Bryan" was clearly indicative ofwhatthe trial hascome to be remembered for. Mencken, however, was more than just a bitter cynic motivated by his own personal prejudices. To many people, he was a champion of justice, a viewthat was in no small part based upon the fact that Mencken spent a career attacking a wide variety of establishment groups whose views he believed were detrimental to society. And yes, his criticism extended itself to bigoted groups such as the Ku (continued on page II) THIS IS MCPHERSON by DARRYL Notice... The Student Bar Association will be holding their meetings every Thursday at 6:00 pm this semester. An alternate meeting time has been set for Tuesday at 12:30 pm. Check the SBA showcase every week for the meeting time and room location January 31, 1990 The Opinion 7 �Pro Choice Advocates Rally In Albany January 22, 1990 marked the seventeenth anniversary of Roe v. Wade,, the Supreme Court's landmark decision that legalized abortion. The impact of this case has been mitigated to some degree by the court's recent stance in Webster v. Reproductive Health Services, decided July 3; 1989, which threw decisions concerning the legality of abortion back to state legislatures. As a result of Webster, many states have enacted or attempted to enact more restrictive legislation concerning abortion. The most restrictive to this point has been in Pennsylvania, where Governor Robert Casey signed into law a bill that requires a woman to wait twenty-four hours and notify her spouse before having an abortion. This Pennsylvania law also prohibits abortion based on the sex of a fetus and prohibits any abortion after twenty-four weeks. by Judi Zirin New York has been considered by many a "safe" state, as New York State legislators have, since 1970, supported a woman's constitutional right to choose abortion as a family planning alternative, yet there is some cause to fear that that right may be endangered. The New York State Senate Majority Leader is anti-choice, and the New York State Senate is anti-choice by two votes. Governor Mario Cuomo, although personally opposed to abortion, has continued to maintain his position that abortion shouldbe a legal alternative. In his recent State of the State address, however. Governor Cuomo referred to statistics on abortion as "sobering", and was quoted by the New York Times as explaining that he planned to designate state funds "specifically allocated for promoting the value of abstinence for young people." Diana M. Gurieva, president of Planned Parenthood of New York City, was quoted in the New York Times as noting that Cuomo appears to have "a new negativity he seems to associate with abortion that we haven't heard before." Strong anti-choice lobbies may also bear on the state legislature's decisions on abortion. Approximately 200,000abortions a year are performed in New York state, ofthe 1.5 million performed annually in the nation. In a recent poll of 900 random New York state residents, conducted by Planned Parenthood of New York City and presented to the state legislature last week, a staggering majority of overBo% supported a woman's right to choose abortion, and 70% supported the allocation of Medicaid funding for abortion. The presentation of this statewide survey to the legislature was part of a three day pro-choice lobbying campaign to demonstrate to elected representatives that New York state residents overwhelmingly support a woman's constitutional right to choose abortion and would vehemently oppose any governmental attempts to restrict that right. This lobby, planned to coincide with the anniversary of floe v Wade, included a rally in Albany on Sunday, January 21, 1990. Held at the State Legislative Office Building at Empire State Plaza, Albany, the rally was sponsored by New York State NARAL (National Abortion Rights Action League), NOW (National Organization of Women) and FPA (Family Planning Advocates). Despite prohibitive weather conditions, which included enactment of emergency snow removal measures by the city of Albany, women and men from all over the state joined to celebrate the historic Roe decision and express theirdesirethatNew York remain a state in which women have access to safe and legal abortion. As many as 1,000 people have been reported in attendance. The hearing room designated for the rally was filled far beyond capacity, with people sitting on the floor and in the aisles. People unable to gain entrance to the hearing room filled the foyer of the State Office Building outside the room. Although many had travelled extensive distances in adverse weather conditions, those attending the rally were enthusiastic, optimistic and spirited. About fifteen UB Law students and alumni attended. The rally included speeches by New York State Attorney General Robert Abrams, as well as a number of state legislators who have long supported the pro-choice posi- tion. There were several musical presentations, including an audience participation original song by folk singer Sandy Rapp entitled "We Will Not Be Moved" that had most at the rally singing. A number of soap opera actors and actresses who have formed a group called "Daytime for (continued on page 11) Early Bar Review Program Offered To Third Years Starting Saturday January 27th, Spring 1990 graduates were given the opportunity to get a jump on preparation for the bar examination. GRATIS! Staff Writer Live Presentation 2/24& Torts Testing 2/25 and Feedback 3/24& Property (Marino) 3/25 3/31 & Property Testing 4/1 and Feedback Associate Dean Philip Halpern has organized the three leading commercial bar preparation organizations, Barßri, Marino, and Pieper, to present lectures and administer tests in the three most heavily tested subjects on the New York Bar Exam: Contracts, Property, and Torts. All classes will begin at 9:00 a.m. in Room 106. Presentations will be live, videotape or audiotape depending upon the firm presenting. Saturday presentations will be repeated by audio on Sundays. In all, 35 review hours are scheduled over a period of seven weekends. To date, the schedule is as follows: Audio Presentations 1/27 & Contracts Lecture 6 hours 1/28 (Pieper) 2/3 & Contracts Lecture 6 hours (Pieper) 2/4 Written 2/10& Contracts Testing 3 hours 2/11 and Feedback Video Presentation 6 hours 2/17 & Torts Lecture (Barßri) 2/18 The testing will consist of essay and multi-state questions. Dean Halpern stresses that the testing conditions will be as realistic as the students allow them to be. Students should make good faith efforts to answer the questions to receive the maximum benefit of the program. The answers to the multi-state questions and the essay will then be analyzed in lectures or written materials furnished by the respective firm responsible for the presentation. The Early Start Bar Review Program should improve a serious participant's substantive knowledge of the material as well as test-taking skills. You know how it goes, "Practice makes perfect." This is not only an excellent opportunity to get a head start on the only exam that really matters, but also affords students not yet committed to a bar review program, to make a consumer comparison of thethree review courses. Bar review SO SOON?!!?! Why not? Graduating students have everything to gain and nothing to lose by their participation in the Early Start Program by Maria Germani 3 hours 8 hours 3hours Spring Semester Discount $SAVES When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class of 1990 Class of 1991, 1992 & 1993 1990Regular Tuition $1145 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT $995 Spring Semester Discount Ajaa yI UU YOU PAY 1990 Regular Spring Semester Tuition Discount ONLY $1045 $795 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT $1145 $895 $995 Ajap- y — Anticipated 1991 Tuitions: New York $1225; New England A $50 REGISTRATION FEE RESERVES THIS PRICE. 415 Seventh Avenue, Suite 62 20 Park Plaza, Suite 930 212 594-3696 617 695-9955 201623-3363 _ JM M JBk M I £0 "f BAR REVIEW 8 The Opinion January 31, 1990 ONLY $1020 $770 $870 — $1075; New Jersey — $975 MAM -wA \ "// YOU PAY WkJ/^k. \*W �Complaints Continue To Flow In The Law Library The Complaint: How come the library doesn't subscribe to the N.Y. Daily News and/or the New York Post? The Response: The Law Library subscribes to newspapers based on several criteria: (1) importance to a law collection, (2) delivery speed. Neither the New York Daily News nor the New York Post are delivered to campus by truck. Delivery by U.S. mail would cost $280 for the Daily News and $190 for the New York Post. Since these papers would arrive three to five days after publication and are not as important to a law collection as papers such as the New York Law Journal or the New York Times, we do not subscribe to them. The Undergraduate Library in Capen does subscribe to the Daily News. It keeps only the current week. None of the campus libraries subscribe to the New York Post. The Complaint: I have been making excellent use of the video equipment available from A.V. Unfortunately I do not have access to editing equipment. It would be very nice and convenient if the Law School had its own video editing equip- ment. The Response: We understand your frustration in not having convenient video editing equipment here in O'Brian Hall. As more laws students use videotape to present information, whether as part of their course work or in connection with activities of the numerous special interest law school groups, the need to edit the work into a coherent and effective presentation is becoming quite pressing. Currently, a basic video editing system costs about $3,200. Not surprisingly, there is no such amount in our current budget but we have put it on our wish list for the — future. For the present, video editing is possible on the South Campus through use of Education Communication Center (ECC) equipment. Contact the A-V librarian for more information. The Complaint: While it is clear that the library should not be overheated (or even heated to comfort when it's very cold outside) why do the vents extrude cold air on such a cold day? The drafts are awful — if warmth cannot be provided, please don't blast in with cold air and add insult to injury. The Response: The Chilled Water Plant personnel cannot respond to your complaint without knowing where you were sitting when you encountered the drafts and cold air coming out of the vents. Could you please be more specific?Thank you. The Complaint: The ventilation system on the 6th floor makes too much noise. NYS Bar Seeks Three Year Stay On Mandatory Pro Bono It seems unlikely that any lawyer or lawyer-to-be will be doing mandatory pro bono work for at least three years. In mid-1989, Chief Judge Sol Wachtler's Committee to Improve The Availability of Legal Services recommended that each lawyer in New York State be required to do a minimum of 20 hours of pro bono work per year. Many of New York's lawyers adamantly opposed such action. And, recently, the New York State Bar Association (NYSBA) adopted a twenty point plan as an alternative to mandatory pro bono. The plans is based on volunteerism. With the threat of pro bono in the air, this "volunteerism" plan may actually work. — by Mary Clare Kane Staff Writer The plan asks Chief Judge Wachtler to delay consideration of mandatory pro bono for three years so that the Bar's proposal can be implemented and evaluated. The New York State Bar plan will build on the 29 organized volunteer pro bono programs which already exist throughout the state. In the area of pro bono work, the plan outlines unprecedented efforts to increase and then measure the level of lawyer volunteerism and/or contribution. These are some of the suggestions: First, the plan advocates the adoption of specific aspirational guidelines regarding the quantity of work pro bono lawyers should do with those legal services agencies that address the needs of the poor. It is no coincidence thatthe NYSBA report also recommends that lawyers do 20 hours of pro bono work per year. Those lawyers who are unable to contribute their time are encouraged to make a monetary contribution. Second, the plan urges that barriers to volunteerism be removed. The report urges all local bars to establish formal targeted training programs in poverty law subjects for volunteer attorneys. Such programs would adequately prepare lawyers to handle fairly simple divorce, bankruptcy, and public benefit matters. The report also encourages local bars to assess the local needs and to formulate a specific action plan to address the unmet legal needs of the indigent in their area. The plan recommends that local bars conduct a survey of all registered attorneys annually and biennally to ascertain and target each registrant's qualify- ing pro bono services. That is to say, which lawyers are best suited to supply work in areas such as matrimonial law, bankruptcy, housing or administrative benefits. The plan also recommends that other support be obtained from judges, law schools, court reporters, legal secretaries, doctors and psychologists. It states that "the Governor, Attorney General, county, city and town attorneys and the chief legal officer of each state or federal agency within New York, should adopt policies that permit and encourage their staff(s) to provide pro bono services in matters that do not conflict with their respective official duties." Locally, the Erie County Bar Association (ECBA) has "spared no effort in opposing mandatory pro bono." The ECBA, however, did resolve to set up a Task Force to develop voluntary alternatives to mandatory pro bono. A preliminary report was issued, and it assessed the legal needs of the poor in Erie County and considered where individual attorney involvement is appropriate as well as those areas which are best left to legal service providers such as Legal Aid and Neighborhood Legal Services. It is a fact that now, only 15 per cent of the legal needs of the poor are currently being met. It is another fact that lawyers have a moral and ethical duty to provide pro bono services to the needy; however, this duty is also a legal duty. It is already "mandated" by the Code of Professional Responsibility. One's choice to become a lawyer carries with it the duty to provide adequate legal services to the people in this country who cannot afford costly lawyers. But, there already are existing organizations which are mechanisms through which a lawyer's pro bono services can be utilized in the various areas of poverty law and channeled to needy clients. The avenues of the Legal Services Corporations, Volunteer Lawyer's Projects and Neighborhood Legal Services or Lawyer's Referral Services are available in most states. Though Legal Services Corporations continually battle for federal funding, they remain a critical resource for the provision of legal services for the poor. Thus, in order to avoid the imminent "threat" of mandatory pro bono work, each lawyer and lawyer-to-be should volunteer their time, services or their money in order to improve the availability of legal services. Can the noise be suppressed in any way? The Response: We have notifiedtheChilled Water Plant personnel of this problem, and they will try to make an adjustment in the force of the airflow on the sixth floor. The Complaint: Could you possibly turn the heat up! It is freezing in here all the time.I know you need it cool for the books but most libraries are a little warmer. The Complaint: Turn up the heat on the upper floors. The Response: Congratulations for knowing that book papers last longer at cooler temperatures! However, the temperature in the Law Library has little to do with that fact. You may be surprised to learn that the temperature in O'Brian Hall is controlled remotely from the mirror-sided building, called the Chilled Water Plant, which is located south of the academic spine near Millersport Highway. UB operates under an energy conservation policy that is driven by the serious need to remain within the UB utility budget. Quoting from the Campus Heating Policy, "During the normal working day, all offices (8:00 am 5:00 pm), classrooms and labs (8:00 am -10:00 pm) will be heated to 68 degrees F... Physical Plant personnel will attempt to resolve problems in those occupied spaces where the temperature is habitually below 68 degrees F. During the evening and on weekends and holidays the temperature will be allowed to drop to 55 degrees F before heating will occur..." So, what can you do? The best advice we can offer is self-help. Dress in layers so that you will be ready for anything down to 55 degrees F. Based on past experience, early morning, late evening, and the weekends are the coolest times. Plan to do your photocopying in theafternoon, because the copiers are more prone to break down when it is very cold. Please inform Ms. Iris Reese in Room 208 of the specific location ofextra-cold areas in the Law Library so that the problem can be reported to the Chilled Water Plant. At night and on weekends, please report the problem to the student assistant at the Circulation desk. General questions about the University's conservation policy can be directed to Mr. Voldemar Innus, Associate Vice President for University Services (636-2922). - The Complaint: Could we possibly see issues of the Washington Post? After all, it is the paper which our (esteemed?) legislators read every day. The Response: The Law Library subscribes to the weekly edition of the Washington Post. It is located on the newspaper rack. The full text of the daily edition can be searced on NEXIS; it is online within 24 hours. The daily editions of the Washington Post are available just down the hall in the Lockwood Library and also in the Undergraduate Library, located in Capen Hall. There is a slight delay in the appearance of the daily issues on campus, since they come by mail rather than being delivered. The Complaint: The large paper stapler (with thevery thick staples) is not working properly. Would it be possible to replace it, or get a few extras so that when one breaks down another can be used? The Response: We were very disappointed with the stapler in question. It literally fell apart after being in service for less than one year. A spare is in service now, and another is on order. The Complaint: Could the Law Library get a subscription to USA Today? Sure, it's a lousy newspaper, but it has a great sports section. While you're at it, you can cancel the subscription to Times Union andSaratoga paper—who reads them? The Response: The Law Library does not plan to subscribe to USA Today during the current fiscal year. For your information, it isamongthe newspapers available for purchase at the candy counter in Capen Lobby and in the Student Actitivities Center. The Albany Times Union is a useful paper for New York politics and legislation. However, we will be cancelling our subscription when we can access its contents through the online database called VU-TEXT. The Complaint: Many books are left on tables for days before being reshelved. The Response: The Law Library's regular procedure for the second and third floors is to clear books from tables and copy rooms twice a day.The first sweep occurs between 4 and 6 p.m. and the second occurs just before closing. The fourth, sixth and seventh floor tables are cleared during the evening on alternate weekdays. During the semester's busiest period, this plan can falter because (1) more books are left lying around, and (2) we need to assign theshelvers as extra assistants at the Circulation Desk. Your comment is a helpful reminder to us of how important reshelving is to our library users. You and your fellow students can help us stay on course by reshelving second and third floor reporters and law reviews after use. MOVIE REVIEW: Courtroom Drama Plays Out in 'Music Box' In Music Box, the latest film from director Costa-Gravas (Missing, Z), Jessica Lange plays a criminal defense attorney who finds her basic life assumptions suddenly challenged when she must defend her father against charges of being a Nazi war criminal. A special prosecutor from by Michael D. Gurwitz Features Editor Washington, played by Frederic Forrest, launches his legal attack with a passion, but the greater conflict of the film lies between Ms. Lange and herfather: is this loving, hard-working old man the same man personally responsible for the brutal deaths of thousands of people in World War II Hungary? Music Box is a treat for law students. A good portion of the film takes place in the courtroom, or behind the scenes as Ms. Lange confers with her father-in-law, a high-powered corporate lawyer. There are intimate scenes of the two lawyers and judge fighting it out at the bench, and — plenty of "Objection, your honor! Overruled" dialogue that law students love so much. This is not an action movie, and at two hours, it teeters on the edge of dragging, but Musicßox\s overall an excellent, wellacted, intelligentfilm. Onefinal note: Music Sox is refreshingly outdated. The modern Hungary described in this film is not the same Hungary that we've been celebrating for the last couple of months. So aside from being an enjoyable, engrossing film. Music Box is also a terrific reminder of what George Bush might refer to as "that progress thing." {Music Box\s rated PG-13 for language). DEADLINE NOTICE The deadline for the next issue of The Opinion is MONDAY, FEBRUARY 5, 5:00 PM Please put all submissions in box 59 or 60. January 31, 1990 The Opinion 9 �Which bar review really lays down the law? I Bar reviews that ,. provide "outlines. Bar Hh Kaplan-SMH Review Services which provides you with full narrative texts for all of the subjects you will see on your bar exam. Ask The Right Questions, Get The Right Answers* - -- See your Campus Rep, or call: STANLEY H. l*v( I/AIM AKI-CAALJ jIVI _/%i%l I I K/\ MM mm WMA 1W mX I fl \ LA BAR RFVIFW IVL V ILVV SFRVICFS IV-LO p. IOTMV (800)2234782 (800)343-9188 10 The Opinion January 31, 1990 BUFFALO AREA stanley H Kaplan Ed ctr Ltd 1330 Nj a gara Falls Blvd. - (opposi,eßoulevardMall) Tonawanda, New York 14150-8917 (716) 837-8022 �AN TCHROES ATION Law School News Briefs University of Utah The Utah Lawßeviewhas implemented a plan called "Firm Commitment," an attempt to raise money for homeless people in Salt Lake City. The plan calls for students recruited by law firms to choose budget meals and lodging during the recruiting process. Participating firms calculate the difference between the amount of money saved by the budget meals and lodging, and then donate the difference to a homeless shelter in Salt Lake City. Frank Layden, former coach and now president of the National Basketball Association's (NBA) Utah Jazz, spoke in conjunction with the school's Sport Law curriculum. Layden credited thetremendous increase in NBA players' salaries over the past decade to the advent of the sports attorney (agent), and also stated that he believed the NBA players' draft to be unconstitutional to the extent that "players should be allowed to choose where they play ball." (On The Merits, vol. 1, no. 3, November/Demember, 1989, p. 1). Valparaiso University The American Bar Association (ABA) dismissed a complaint lodged by secondyear student Stephen Whitfield, who had alleged that the school was in violation . of ABA standard 212, which requires accredited law schools ".. to provide [racial and ethnic minorities] full opportunity for the study of law ..." Whitfield is the only black student in theclass of 1991, and complained that the school had only actively recruited two black students for his class. (The Forum, vol. XX, no. 3, November 14, 1989, p. 1). Western New England Amidst charges of bias and procedural irregularities, the SBA "approved sweeping changes to the process used in selecting faculty/student committee picks." The formal charges stemmed from initial complaints by first-year student Luis Vera, who had alleged that the SBA selected members of the committee in a racially biased manner. Vera had been denied a position on the Admissions and Financial Aid Committee.Specifically, the former selection process had no actual procedure that was consistently followed, while two students were appointed to two positions each, in violation of the one-student-one-committee academic standard. The new bylaws, among other things, require that all applicants receive an interview by the SBA executive board. (Lex Brevis, vol. XXVIII, no. 4, November 20, 1989,p. 1). New York University Cardinal defense attorney Barry Slotnick gave a talk entitled "Criminal Defense Practice in the Public Eye" as part of the SBA's Speaker Series. Slotnick spoke on a wide range of topics, including his recent defense of vigilante Bernard Goetz. With regard to the Goetz case, Slotnick said he believed that the verdict "stands for the idea that a person can defend him or herself by using an illegal weapon." He also pointed out that in his estimation, "the field of criminal law is lacking in talent as compared with other areas of the law." (The Commentator, vol. XXIV, no. 6, November 16, 1989,p. 1). ... Univ. of Pennsylvania Under a cloud of dissatisfaction from within the law school community, Dean Colin Diver has requested a review of the school's loan forgiveness program by the student-faculty Freedom ofCareer Choice Committee. Under the program, students who opt for careers working in the public service receive grants to pay for a certain amount of their loan debt. The main complaint with the program has been its inability to function at a level nearer the amount that the school has been allocating for it. Although $60,000 has been available over the four years the program has been in existence, only $9,000 has been distributed. (The Perm Law Forum, vol. VIII, no. 3, November 6, 1989). THE WAY IT WAS-FEBRUARY 1966 Look At ThePast Enlightening Following is an excerpt from the February 1966 issue of The Opinion. The Opinion is in its thirtieth year of publicationand we will be sharing bits ofits past throughout the semester. LAW WIVES One of the offshoots of the law school is a small but dedicated group of girls, the Student Law Wives' Organization. Formed in 1957,its official purposes are: To create enjoyable group settings in which girls in the unique situation of being married to law students can meet and promote friendship, and To raise funds for scholarships given annually to deserving married students. Of the roughly 270 future attorneys at SUNYAB law school, 77 are married. Not all of these girls are members, but those belonging are all active, participating members, making up with their willingness and energy for their relatively small number. In the past, thegroup has held one large fundraising event during the year, however this year a highly successful rummage sale was held in November and a hat show, dessert card party will be held February 21st at the Brounshidle Post, 3354 Delaware Aye. at 8 P.M. This event, chairmaned by Frank Parson's wife, Claudia, is open to the public and tickets at $1.50 may be obtained from Mrs. David Horan. New wives are always welcome to join dues are nominal, $2 a year and only $1 after January. Although, as we mentioned previously, the Law Wives' are a relatively small group, their value is felt not only in the $1400 that have been given during the past years as scholarships, but also, and this is what will be remembered most by its members, in the warm and lasting friendships formed by the girls during these important years that their husbands are law students. — Pro-Choice Rally from page 8 Choice" spoke at the rally, explaining that they wished to utilize their visibility to garner pro-choice support. Perhaps the most moving entreaty of the afternoon was that of NOW president Molly Yard. Ms. Yard spoke of Becky Bell, an Indiana teenager who became pregnant. Because of a parental consent requirement in her state, Becky Bell could not obtain an abortion. Shecould not speak to her parents about her condition. Becky Bell died in 1988, after attempting to selfabort. Molly Yard was meeting Becky Bell's parents later the day of the rally, as they have since become active in the fight to keep abortion safe artd legal. Molly Yard spoke of the need to oppose restrictive parental consent requirements that require that minors obtain the consent of their parents before being allowed an abortion, even in cases of abuse and even when the father of the pregnant minor is also the man who impregnated her. At the rally alone, Molly Yard raised over $2500.00 for pro-choice. Following the rally, a reception was held at the Albany Hilton. H.L. Mencken from page 7 Klux Klan, a fact that makes his own bigotry even more disturbing. Earlier I mentioned that at least in some instances, an unsavory revelation about an individual may affect that person's historical significance. While nothing can ever change the impact Mencken had on the society he lived in, thefact that he was a bigot arguably suggests that he wasn't as enlightened as we might like to believe. After all, how could someone as socially aware as Mencken have held views that were so socially irresponsible? The answer to this question, if there is a legitimate answer, lies perhaps in the fact that Mencken, in many ways, was an oxymoron. On one level, you had the prototypical journalist:witty, sardonic, and quite cynical. On another level, there was the intellectual Mencken. One commentator recently noted that although Mencken rWAITING POX CUOttcT r possessed one of the great intellects ofhis era, he often did his best to hide this fact behind a facade of belligerent cynicism. To the extent that Mencken was a paradox, it is possible that he was unable to separate his views of society as a journalist from his own personal prejudices. As someone who has admired Mencken, I find the passages in his diaries to be quite disconcerting. The fact that Mencken was an enigma, while it might partially explain his personal prejudices, is certainly not offered to justify or excuse these prejudices. Nevertheless, history will be the ultimate judge as to the extent that Mencken's personal prejudices deter from his professional accomplishments. For now, however, it is sad to think that Mencken may have spent at least part of a brilliant career attacking something that he, albeit indirectly, seems to have supported. 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 11 \ X^ The Opinion Page eleven �N Prof. A M* I I VI I I I I I/! I 1 I X/l I £\l" ■— ■ \> I Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videota p e in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 CPLR Mini-Review: An Overview of New York Practice and Procedure Date and time &4fl review to be announced. © 1990 BAR/BRI 12 The Opinion January 31, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-01-31 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b54b7d7b8c49496056c754371df20be9.pdf d9684acc26e5b5cdb5eba9c1acfe4d9c PDF Text Text THEOPINION Volume 30, No. 10 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW February 28, 1990 JAG Corps Interviews Students At Center For Tomorrow Last Monday, February 12, the army branch of the Judge Advocate General's Corps arranged to conduct interviews with a select group of UB Law School students for possible employment in their summer internship programs. The interviews took place at ÜB's Center For Tomorrow on the Amherst Campus, and were arranged through the law school's Career Development Office under the supervision of Audrey Kosceliniak, CDO Director. In response to student interest, the JAG Corps contacted the Career Development Office the first week in February to request that they be allowed to come on campus and set up an interview schedule. by Andrea Sammarco Staff Writer Breaking with past CDO policy, Law School Dean David Filvaroff and Kosceliniak opted to allow only those students who contacted the Career Develop- merit Office within the two weeks prior to JAG's arrival to interview with the group. In addition, the presence of representatives of the army's judicial branch was not publicized in the CDO's weekly newsletter, or in The Opinion. This policy change was described by Dean Filvaroff as an attempt to keep the JAG Corps recruitment visit as "low-key as possible." Speculation by the National Lawyer's Guild and other groups is that the CDO policy change was motivated by an attempt to avoid the controversy and confrontations generated by JAG's stated policy of discrimination on the basis of sexual orientation, age or physical disability. The administration has denied harboring such motives, claiming instead that their attempt was to avoid excessive promotion of overtly discriminatory employers. However, in response to student outrage, the law school administration has agreed to forego the implementation of such practices in future CDO dealings with JAG and similar employers. In the fall of 1988, the term "sexual orientation" was added to the faculty statement against discrimination, in compliance with the 1987 amendment of Governor Cuomo's Executive Order 28. In doing so, the Law School effectively prevented groups such as the JAG Corps and the FBI from using the Career Development Office to recruit students at ÜB. University President Steven Sample moved at the end of the spring semester of '89 to rescind the policy as an instance of the Law School overstepping its authority. This was the first time in 14 years that Sample had taken an active step in determining law school policy on employment discrimination. The law school's acceptance of JAG on campus was cast into further doubt with the recent amendment of the Association of American Law School's bylaw prohibiting employment discrimination to include "sexual orientation." SBA To Hold Grade Policy Forum The SBA is seeking broad student participation in the March 1 forum concerning the 'H/Q' grading system, in contemplation of submitting the issue to the student body in a referendum or a petition drive later this semester. The current 'H/Q' grading system has been in effect since 1974, although a similar system was used from 1969-1973. The '69 system used an additional 'HD' grade which represented the highest possible grade at the school, "Honors with High Distinction." The 'H/D' designation was dropped in 1974. by Gary B. Ketcham Staff Writer Desmond Moot Court Winners Sandra Wallace and Stacy Glover Students Honored By City Council The UB Moot Court Board is very proud announce that the winnersof the Third Annual Charles S. Desmond Memorial Moot Court Competition held in the fall semester of 1989, Ms. Sandra WallaceSmith and Mr. Stacy Glover, were honored by the Buffalo City Common Council for their outstanding achievement as the first African-American team to win the intramural competition of the State University of New York at Buffalo School of Law. to by Jeff Markello Photography Editor On January 30, 1990, councilperson Arthur Amos awarded Sandra and Stacy with proclamations in the City Council's Chambers on the thirteenth floor of Buffalo City Hall. These third-year law students were officially recognized for their achievement and contribution to Buffalo's minority community and the city at large. Sandra and Stacy are to be congratulated for the honor that they have brought to themselvesand the UB School of Law. Additionally, the Moot Court Board is pleased to announce that this semester, it is sending seven teams of student advocates to other law schools to represent the UB Law School in national competitions. Among those teams are Kathleen Doyle and Nan Clingman, who recently performed admirably in the Polsky Criminal Law Competition sponsored by the Temple University Law School. Other third-year board members Margaret Barton, Christina Berninger, and James Kennedy will participate in a Bio-ethics competition at Georgetown University. Also coming up in April is the Prince Invitational Evidence Competition at Brooklyn Law School where UB will be represented by Elpiniki Moumoulidis and Kimi Lynn King. Third-year honorary members John Wenzke and Linda Salmon travel to the University of North Carolina at Chapel Hill Law School to compete in the Braxton Constitutional Law Competition. Also, honorary member Ginger Schroder is teaming up with associate member Kimberlianne Podlas for the Entertainmentcommunications Competition at Cardozo Law School. Among other associate board members representing ÜB, Rachel Kane and Pierre St. Hillaire will compete in the Gabrielli Family Law Competition in Albany, and Brian Lauri joins James Sacco for the regional event of the National Appellate Advocacy Competition, also at Albany. All the teams have submitted their briefs and are enthusiastically looking forward to the oral advocacy portions oftheir respective competitions. The UB Moot Court Board and law school community wishes them all the best of luck. As a result, undergraduate and law students organized to put pressure on Sample's office and to raise public awareness of the school's inertia in the face of JAG's discriminatory policies, as well as therise in the incidence of homophobic literature and attacks, following Sample's action. The 'Anti-Discrimination Coalition's' most dramatic actions included a demonstration which blocked an attempt by the FBI to recruit on campus last April, and a march on Sample's office in October '89. One law student who interviewed with the JAG on February 12th stated, "To be honest, I was glad that I wasn't denied an interview with a summer employer only because certain students are against their hiring policy. In fact, I hope that CDO will never act as a manipulative vehicle directed at reforming legislation." The CDO's decision has been impli(continued on page 7) The current 'H/Q' grading system is explained in a legend which accompanies all official transcripts sent out by A&R (officially entitled, "Grade Key Explanation"). The legend, in part, reads as follows: Superior work significantly H Honors better than the normal range of perfor- — mance Q Qualified — Professionally qualified work within the normal range of performance D Marginal Acceptable for academic credit but below the normal range of performance may submit favorable * Instructors evaluations of student performance. Written evaluations are especially encouraged when a letter grade will not adequately reflect relevant aspects of the student's performance. At the bottom of the legend is a special note which reads, in part, "Our grading system was designed with the express intention of alleviating grade competition and has been highly successful." The purpose of the forum is to discuss the pros and cons of the current 'H/Q' grading format, and to explore the plausible alternatives. Chief among those alternatives are the Traditional Grading System' and the 'Pass/Fail' system. Other issues likely to arise at the forum pertain to fundamental notions about 'competition' itself... Is all competition bad? What kinds of competition are constructive? What are destructive? Does the current grading system mitigate competition at all, as the notation proclaims? What hard evidence is there to support the claim that the current 'H/Q' grading system "has been highly successful" in "alleviating grade competition"? Is a special — grading system really necessary to bridle cut-throat competition? Is the "Q*" system really fair when many instructors do not acknowledge it or use it? With the focus on the various grading systems, both current and plausible, any matter is an issue which is put at issue at the forum, and students and faculty are urged to share their insights and suggestions at this forum. Because of the extreme importance of this issue, which impacts on every student at the law school, the SBA strongly encouragesthe greatest level of participation possible. As stakeholders in this issue, students should take advantage of this opportunity to direct their own fate on an issue of fundamental importance to all of us. A panel discussion will launch the forum into the issues, with one or more predesignated persons presenting the merits of each ofthethree leading alternatives for a grading system. This will be followed by open discussions from the floor. At this time people are invited to express their own views, ask questions of the panel members, present their own proposals, etc. The forum will have a moderator. Both faculty and students are invited to participate. Refreshments will be provided. Anyone interested in presenting the merits ofany of thethree grading systems mentioned (or some other plausible alternative) as a panel member please contact Chris Reo, Jennifer Latham, Mark Hirshfeld or GaryKetcham as soon as possible. The forum will be held Thursday, March 1 at 5:00 p.m. in O'Brian Hall, room 108. HIGHLIGHTS "Work A Day In The Public Interest" fund drive to kick off page 3 Alumni Convocation and Presentation of Jaeckle Award to be' held March 10 page 4 .. Finally ... What to do with your old copy of The Opinion pagi' '•> �Jip i -' ife® life MPRE MmM ** * EX/kMI Friday, March 16, 1990 (Happy St. Patrick's Day!) PIEPER NEW YORK BAR REVIEW'S one day seminar will be offered 9:OO a.m. to 4:30 p.m. NEW YORK CITYUVE: SATURDAY, MARCH 4, 1990 TAPE AVAILABLE AT THESE LOCATIONS: NEW YORK CITY, NASSAU, ALBANY, BOSTON, BUFFALO, SYRACUSE, WASHINGTON: Saturday, March 10, 1990 Successfully passing this two hour exam is a requirement for admission to the New York State Bar. This seminar is FREE to students who are enrolled in the PIEPER BAR REVIEW COURSE, otherwise there is a $125.00 fee which includes books. Why not come and experience the Pieper method. Applications can be obtained from your Law School or the National Conference of Bar Examiners (319) 337-1287. The filing deadline for this exam is February 16, 1990. The exam fee is $25.00. Late registration will be accepted until March 7, 1990, but the exam fee is increased to $75.00. If you miss the March MPRE, the next MPRE exam is Friday, August 7, 1990. For more information contact yourLaw School Pieper Rep or 90 Willis Avenue, Mineola, N.Y. 11501 • Telephone: (516) 747-4311 PIEPER REPS: 2 The Opinion February 28, 1990 MIA PARK BARBARA SCHAUS ELIZABETH BANNIGAN �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FDR GRADUATE STUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. Aslong as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard" MtßSk An AmencanExpress company , 1-800-648-4420 © 1989 American Express TravelRelated Services Company, Inc. February 28, 1990 The Opinion 3 �Kannar Appointed To State Commission On Ethics Professor George Kannar has been appointed by Governor Mario Cuomo to serve on the Temporary State Commission on Local Government Ethics. out the provisions (of the statute)", which includes the power to subpoena witnes- by Ted Baecher Staff Writer The Commission, which was formed pursuant to statute (General Municipal Law, Article 18, Section 813 [McKinney's 1990]), is designed to monitor the functioning of a New York law which requires financial disclosure by local government officials (General Municipal Law, Article 18, Sections 811-812 [McKinney's 1990]). The Commission will advise the governor and legislature regarding implementation of the law, its effectiveness, and whether the statute needs any change. The financial disclosure law and the Commission were formed in response to a perception in the state capital that some sort of financial monitoring of local government officials was needed, especially in light of the recent Parking Violations Bureau scandal in New York City. According to the statute, the Commission shall, among other responsibilities, "(r)eview completed financial disclosure statements ... (a)ct as a repository for completed financial disclosure forms ... (and) (c)onduct any investigation to carry George Kannar ses and to require the production of certain books and records. Although the Commission does have enforcement powers, it does not, said Kannar, "have a broad ranging mandate to root out corruption." Atthis time it "still remains to be seen whether enforcement focuses on accuracy of the financial statements or whether the financial disclosure forms have been filed at all." Kannar said that allegations are already being received from around the state regarding various alleged ethical improprieties, and that the commission has received a number of inquiries as to what exactly the financial disclosure law entails. The Commission is now in the process of establishing policy as to how to deal with both these items. The Commission is composed of nine members, five of whom are appointed by the governor, and one each by the two parties in the State Assembly and Senate. The members of the Commission receive no compensation, except for reasonable expenses incurred in the performances of their duties. Commission members serve for a term of four years. Henry Miller, a private practitioner in Westchester County and former president of the State Bar Association, chairs the Committee. Among the Committee's other members are representatives of the business community, a retired state court of claims judge, and the head of District Council 37 in New York City. The Commission, according to Kannar, is still in the process of setting up a staff and establishing priorities. An initial focus of the Commission will be to inform local government officials of the provisions of the statute and to receive feedback from them regarding the various disclosure requirements. In addition, the Commission will act as a "channel through which any regulations or oversight monitoring operations are conducted". Kannar said that the Commission has already heard criticism from its advisory body (which is also established by the same statute) that the financial disclosure ■required by the law is detailed and burdensome and may sweep too broadly. The advisory body is concerned that such disclosure will dissuade good people from becoming involved in local government, which is not generally highly compensated work. The advisory body is also concerned that the statute treads a lot upon a sense of civic duty and civic virtue and that the complexity of the disclosure forms may infringe upon privacy interests. These types of concerns are important to the Commission and are the types of issues the Commission will think about and discuss over the next couple of months, Kannar said. Alumni Convocation To Feature Presentation To Newhouse A panel of legal experts from a variety of specialty areas will discuss "Marriage, Divorce, and Death: The Impact on Business and the Professions" at the 14th annual UB Law Alumni Convocation. The morning-long symposium will begin at 8:30 a.m. on Saturday, March 10, at the Center for Tomorrow on the UB North (Amherst) campus. by Ilene Fleischmann Executive Director UB Law Alumni Association At a luncheon at 12:15 p.m., immediately following the convocation, Wade J. Newhouse, professor of law, will receive the 1990 Jaeckle Award. Named for UB alumnus Edwin F. Jaeckle, Class of 1915, the award is the highest honor the Law School and the Law Alumni Association can bestow. It is given annually to an individual who has distinguished herself or himself, and has made significant contributions to the law school and the legal profession. Past recipients include Hon. John T. Curtin, Manly Fleischmann and Hon. Michael F. Dillon. A former dean of the UB Law School, Newhouse has been a faculty member since 1958. He has served as associate dean, directorof the law library and director of the Edwin F. Jaeckle Centerfor State and Local Government. The University of Michigan Law School graduate has written several books and published numerous articlesand book re- views in law journals. He is a member of the Mediation and Fact Finding Panel and the Arbitration Panel of the New York State Public Employment Relations Board, the Labor Panel of the American Arbitration Association and the Labor Panel of the Federal Mediation and Conciliation Service. In discussing a hypothetical case, the convocation will address the issues of marital property, business and estate planning and how New York compares to alternate systems. Linda J. Nenni '83, and Thomas M. Ward, '66, serve as co-chairs of the convocation committee. Robert B. Moriarty, '68, of Moriarty & Condon, will present the hypothetical. In addition, panelists and topics are: Joyce E. Funda, '83, of Funda & Munley, and Paul I. Birzon, of Birzon, Zakia, Stapell, Olena & Davis, and an adjunct professor of law, who will discuss "Basic Concepts of Marital Property." Gayle L. Eagan, '85, of Jaeckle, Fleischmann & Mugel, Ann E. Evanko, '79, of Hurwitz & Fine, P.C., and GeorgeZimmermann, '49, of Albrecht, Maguire, Heffern & Gregg, P.C., and an adjunct professor of law, will explore "Business and Estate Planning." Kenneth F. Joyce, professor of law, and director of the N.Y. State Law Revision Commission, will examine "New York Compared to Alternate Systems." In addition to Nenni, Ward, and the panelists, other convocation planning committee members include law profes- Jaeckle Recipient Wade Newhouse sor Dianne Avery, '83, Matthew J. Plunkett, '83, Tricia T. Semmelhack, '74, Paul J. Suozzi, '79, Hon. Robert E. Whelen, '70, Helen W. Zimmerman, '81 and llene R. Fleischmann. The Law Alumni Association has invited all law students to attend the morning program free of charge. Students must sign up by March sth in the alumni office 320 O'Brian Hall so that adequate written materials and breakfasts can be prepared. Those students who want to stay for lunch and the presentation of the Jaeckle Award are also invited to sign up in the alumni office for a lawfirm "scholarship." Many area law firms buy tables, and often — — have places available for law students. For non-students, the fee is $35 for 1989-90 UB Law Alumni Association members who have paid their annual dues and $45 for all others. The fee includes program, Continental breakfast and lunch. Even if you cannot attend, please consider sponsoring a law student. Firm tables for eight are available for $320. Please make checks payable to the UB Law Alumni Association arid mail to: UB Law School Alumni Office, 320 JohnLord O'Brian Hall, Amherst Campus, Buffalo, NY 14260. Questions? Call llene Fleischmann at the Law School at 636-2107. Talk Given On The Plight Of The Working Black Women Judy Scales-Trent and members of her Women of Color class welcomed Charlotte Rutherford, Esq. to speak on: "Black Women and Low Paying Jobs: Is Litigation the Answer?" This presentation was held on February 23, 1990. by Sandra Williams Staff Writer the economics of working poor, especially black working women. Working women are defined as women who can't make enough money to raise themselves to the poverty line." Ms. Rutherford stated that black women are affected both by sexism and racism. At a time of a severe limited employment market, these women seem to maintain the positions held during slavery; those of cooking, cleaning and washing. She further argues that the women's movement has failed to include issues that are important to low-income working women. Though there has been an attempt to move women up from the traditionally held positions, basic problems of child care, medical care arid problems associated with low income households are not addressed. "Civil rights efforts were not focused on these issues because they were not considered race related issues. Problems Ms. Rutherford has been on staff at NAACP Legal Defense Fund organization since 1985. The Legal Defense Fund is a non-profit civil rights firm which was the legal arm of NAACP but is no longer a part of this unit. The organization attempts to enforce non-discriminative practices in housing, employment, education and capital punishment. As an Assistance Counsel and Director of Black Women's Employment Program, part of Ms. Rutherford's responsibility is to "craft strategies that are supposed to improve The Opinion February 28, 1990 4 of black women were not considered separate from problems of race generally." Charlotte also points out that women have improved in the type of positions they have held since the 1980s, however overall, black women still lagged behind other groups in their medium income. Ms. Rutherford proposed that litigation has been frequently used to alleviate the problem but this might not be the answer because there are always other ways to circumvent this process. Litigation mainly addresses one particular subject or concern, that is women wanting to move up the corporate ladder, and not necessarily the problem of those in low paying positions with thechild care problem, medical insurance and low income concerns. She further argues that "in order for litigation to be effective there must be a job available and a person bringing a lawsuit must have the qualificationsto fill that position." She pointed out some of the uses and changes of Title VII to the Civil Rights Act of 1964 to facilitate this problem of hiring and promotion. However, 3.7 million employers are not covered by Title VII because they need to have 15 or more employees beforeTitle VII can apply to them. Also addressed were the proposed new changes to be incorporated into the Civil Rights Act of 1990. The 1990 Act proposed in Congress will address the issue of the seniority system that white males have faced and the statute of limitation for women in filing discrimination complaints. Ms. Rutherford proposes legislation in opposition to litigation in addressing the concerns of child care and medical insurance in addition to other low income concerns. Further strategies she would like implemented would be (1) the need for child care, not just custodial but educationally eniched care; (2) not just tax credits but a subsidy that is continu(continued on page 8) �Lecture Given On The Problems ofImmigration To The U.S. George Gurevich told of the roadblocks he had encountered in trying to help his father, 69-year-old David Gurevich, get from Russia into the United States. Michael Berger, a Buffalo immigration attorney, spoke of the legal case in which he appealed a decision by the U.S. Immigration and Naturalization Service to deny the elder Gurevich's application. These were among the topics presented in a lecture, titled "Topics in Immigration Law: Problems of Entering the U.S. Refugees and Asylum," held Tuesday, February 20, in O'Brian Hall. Seventh Day Adventists, Pentecostals, Armenians, and Jews. With the advent of glasnost Russia loosened its policy, granting leave to anyone from these four groups who applied. All along there was a presumption that these people were lowed to enter the U.S. or if they were outside the quota and had to go to a third country. However, before this quota was implemented, 4500 people who left Russia believing they could emigrate to the United States were denied entry and — by Erin Wolfe The formal criteria which a person must meet in order to gain refugee status in- clude thatthe person have a well-founded fear of persecution, be outside the country of residence in which the persecution might occur, and be outside of the United States. To become an asylee, only the first two criteria must be met. Although the government's definition of"well-founded fear of persecution" is rather lenient (a person does not need to prove that the probability of persecution is greater than fifty percent), there is more than just definitional requirements at play when the U.S. government considers applications for refugee status. That extra consideration, according to Berger, is economics: the question is not simply whether a reasonable fear of persecution exists, but whether there is money to pay for the applicant's resettlement and where that money is to come from. Because of Berger's involvement with the Gurevich case, and also because of George and Paul Gurevich's guest appearances, the discussion centered mostly on the issue of Russian immigration in the United States, although the circumstances of refugees from other countries were also mentioned. From 1978 to mid-1989, Russia slowly gave in to pressure from the U.S. in allowing four groups of refugees to leave: George Gurevich, Paul Gurevich, and Michael Berger being persecuted such that the policy of the United States was to accept any of these refugees which Russia would allow to leave. When the number of refugee applications increased in mid-1989, a problem was created in the United States: there was not enough money available for processing all of these refugees. Many applicants were subsequently denied refugee status in the U.S. regardless that the presumption of persecution still existed. It was now a question of economics. In answer to the increased demand, the U.S. implemented a ceiling of50,000 Russian refugees per fiscal year; when a Seventh Day Adventist, Pentecostal, Armenian, or Jew applied to leave Russia, they were notified if they would be al- found themselves abandoned in Italy. With $100 in their pockets and summer clothes in their bags, these people were stranded in Italy with no idea of how their situation would be resolved. Trying to remedy this situation, the U.S Immigration and Naturalization Service was required to reviewthe 4500 cases that had been denied. 4250 of these were admitted into the U.S. upon review. The majority of the remaining 250 cases was made up of people who had served as officers in the Red Army because of their background in medicine or teaching. Anyone who served in the Red Army—voluntarily or by coercion was understood to have been in the Communist party. On the basis of this membership perhaps regardless of the nature of the participa- — — — tion in the party 250 Russian refugees were denied admission into the United States and remain in Italy to this day. Yet, even this decision is not final. These cases are now on review by INS once again. David Gurevich is one of the 250 people who are still being deniedadmission into the U.S. He is currently living with eleven other people in a small room in Ladispoli, Italy. He has a heart condition and is in frail health. David Gurevich's case is up for review within the next few weeks. His service in the Red Army was linked to his background as a physics teacher; he was not a member of the Communist Party voluntarily. The family of this 69-year-old grandfather, who moved from Russia to Buffalo last year, are asking support from the Buffalo community to request theelder Gurevich's admission into this country. George Gurevich explained that he is encouraging a letter-writing campaign on his family's behalf. If you would like to reunite David Gurevich with his family, write a letter to the addresses listed below. Ask them to grant David Gurevich, file #A70231247, refugee status so that he may be permitted to come to America (and join his family in Buffalo). The two addresses to write to are: Karen Davis 1501 Long worth Buidling Washington, D.C. 20515 Benedict J. Ferro District Director U.S. Immigration and Naturalization Service Via Veneto 121 Rome., Italy The lecture was followed by a question and answer session, in which lecture attendants were able to question both Berger and Gurevich specifics about their backgrounds and relevant experiences. Michael B. Berger might be a guest lecturer at the upcoming Human Rights week. The schedule for Human Rights Week will be posted shortly. Spring Semester Discount $SAVES When You Register for BAR/BRl's New York, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island or Vermont Bar Review Class off 1990 Class off 1991, 1992 & 1993 1990Regular Tuition $1145 $895 New York New Jersey Massachusetts, Conn., Maine, $995 YOU PAY Spring Semester Discount Ajaa y 1990 Regular Spring Semester Tuition Discount ONLY $1045 $795 I \J\J $895 $1145 $895 New York New Jersey Massachusetts, Conn., Maine, NH.RIorVT NH.RIorVT $995 20 Park Plaza, Suite 930 212/594-3696 617/695-9955 201/623-3363 — $1020 $770 y I £v — / ONLY Ajap $1225; New England Anticipated 1991 Tuitions: New York A $50 REGISTRATION FEE RESERVES THIS PRICE. 415 Seventh Avenue, Suite 62 YOU PAY _ <M/§ $870 — $1075; New Jersey — $975 B J/A A ft AA WkA B^JBk. yA W - # . -M I BAR REVIEW February 28, 1990 The Opinion 5 �The Opinion Mailbox Ex-BARBRI Customer Miffed STAIK UNIVERSITY OF NEW YORK AT Rl ,'FKALO W :HtX)i OF LAW February 28, 1990 Volume 30, No. 10 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Lawyers Are Responsible For Their Own Reputations To The Editor: FACTS: On Sunday evening, February 11, I received a phone call from a BARBRI representative asking if I had received the latest mailing. I told her that I did receive it, but that I was no longer a BARBRI member. I explained to her that I had dropped the course last October, and was now taking the PIEPER program. No sooner had I hung up with her, when I received another phone call. This time it was from Steve Rubin, Associate Director of BARBRI I was not greeted with a warm hello or an apology for interrupting my Sunday evening, but was rather rudely told that I owed BARBRI money. I could not imagine what Mr. Rubin was talking about until he asked me if I was in possession of the BARBRI study books. As far as I knew, I paid BARBRI $100 last March for the books. I immediately thought BARBRI had lost my $100 check this being the money that Mr. Rubin said I owed. Rather than politely explaining what he was talking about, Mr. Rubin very rudely raised his voice to me and began reciting what sounded like a policy statement from some sort of form. The gist of this statement said that the $100 was a partial payment for the books whose total value is $495. Realizing my misunderstanding and believing that I must have overlooked this book payment policy amongst our correspondence, I told Mr. Rubin that if it was the books that he wanted back then I would return them to one of the school's representatives. And it was not untilI told Mr. Rubin that I thought he was very rude — . Once again, lawyers meet another road block in the attempt to raise their respectability to a higher level than that of used car salesmen. Last week White House spokesman Marlin Fitzwater was asked if President Bush was criticizing lawyers when he called for reform in the U.S. medical malpractice system. One of the things Fitzwater said was that ". lawyers certainly deserve all the criticism they can get." He added that such feelings are held by anyone who has ever dealt with the legal establishment. Most of us undoubtedly have come into contact with friends and relatives who subscribe to the "kill all the lawyers" theory and although we try hard not to take offense it becomes increasingly difficult to brush off crude remarks about the legal profession. We are all in law school for different reasons; some of us have no interest in the money-making potential that the legal profession offers, some of us have no interest but the money-making potential that the legal profession offers, some of us simply think we would enjoy lawyering as a career and some of us have no intention of lawyering at all. No matter what our future plans, most of us do not think of ourselves as the sneaky, underhanded, cold-hearted individuals that people like Marlin Fitzwater make us out to be. Now, there are some of us (lawyers and lawyers to be, that is) who at one time or another have subscribed to the "kill all the lawyers" theory ourselves with respect to specific individuals or categories of individuals. Usually the individuals in question are sneaky, underhanded and coldhearted. These are the people we want to ferret out of the legal profession and we are wise to subscribe to the "kill all the lawyers" theory in this respect. But, when asked about the difference between us and them we should make it clear that they are sneaky, underhanded and cold-hearted and we are kind, up-front and caring. The point that most needs to be made is that, as individuals, we should do as much as possible to make the "kill the lawyers" theory a thing of the past. The most effective way to do this is by our actions. By being the best lawyers we can and actively demonstrating that our clients come first, it will become more and more difficult for our friends and acquaintances to make crude remarks about our chosen profession. Marlin Fitzwater and the other "kill the lawyers" theorists will continue as they are provided ammunition with which they can attack. It should be our job to cut off their supply of ammunition by striving to be principled individuals as well as principled lawyers. Maybe someday lawyers will be able to move a notch above used car salesmen in the respectability scale. to survive as long Christina A. Agola, Ted Baecher, Nathaniel Charney, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Maria Schmitt, Sandra Staff Williams Contributors: llene Fleischmann, Andrea Sammarco, George Snyder, Erin Wolfe 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. The deadline for the next issue of The Opinion is Monday, March sth at 5:00. Please put all submissions in boxes 59 or 60. Due to spring break this issue will not be published until March 21, 1990. The Opinion February 28, 1990 6 about the whole situation that his demeanor had changed. He did apologize for his behavior and the misunderstanding, and said that he just had a bad day. After the apologies, Mr. Rubin proceeded to inquire about my involvement with PIEPER. He asked me if I had attended the Saturday/Sunday sessions by PIEPER and if I was pleased with the setup, because he had "heard lots of grumbling" about it. I told him I attended the sessions and was very satisfied with the program. Our conversation finally ended when Mr. Rubin asked me if I was beyond persuasion and I reassured him most de- finitely. OPINION: Although Mr. Rubin had apologized a number of times for his rather harsh behavior towards me, I feel that he is a very obnoxious, rude and unprofessional gentleman. His attitude was most unbusinesslike. I suggest that if Mr. Rubin would like to continue in his present position he learn not to speak with clients or potential clients on his bad days because he is a total turn-off.Even if I had not been beyond persuasion as to my choice of bar review courses, Mr. Rubin would have certainly made up my mind. I would not do business or have anything to do with Mr. Rubin or the association he so grossly represents. For those of you taking the BARBRI course, I pity you because you will not be working with people who really care if you pass the bar, but rather with people who care if you paid your bill. Wendy A. Urtel Third year student Policy in Panama Criticized To the Editors: The military action by the United States against Panama that began on December 20, 1989, which killed thousands of Panamanians, represents the worst of policies in the long run. The invasion violates the rules of international law on the use of force between states. It violates Article 18 of the Charter of the Organization of American States, which prohibits intervention "for any reason whatever, in the internal or external affairs ofany other State." It also violates Article 24 of the Charter of the United Nations, which prohibits the use offorce "against the territorial integrity or political independence of any state." The United States signed these charters and is bound to them through the treaty clause of the U.S. Constitution. Each of the justifications put forth by the administration to justify the invasion fallsfar short under thestandards ofinternational law. Among the reasons cited by Secretary of State James Baker was information in the hands of the United States, which even he described as not being "solid," that General Noriega intended to initiate "commando" attacks against U.S. civilians in Panama. Such vague intentions do not provide a reason to use force against Panama under the U.N. and OAS charters. Nor is the desire to restore democracy a ground for the use of force by one state against another under the two charters. The restoration of democracy is a job for the Panamanians themselves. Furthermore, there is little reason to believe that democracy in Panama has ever been a true objective of the United States. The Noriega regime is a result of a misguided U.S. foreign policy, which brought him to power, protected him from losing power as a result of democratic elections in 1984, and paid him for intelligence activities and cooperation with illegal Contra operations. The United States has much to answer for, but military intervention only compounds the errors of the past and increases the suffering of the Panamanian people. It also says to the world that our repudiation of the rule of law, as seen by the invasion of Grenada and the contra coupled with our unwar in Nicaragua lawful rejection of World Court jurisdiction over Nicaragua's complaint— are not isolated incidents. The issue is not whether we like or dislike a government or even whether the citizens of an oppressive government like or dislike their own government. What is at stake is the principle of the right of all countries to self-determination. The principles of non-intervention and the rule of law are recognized by most of thecivilized world, and countries across the political spectrum have justly condemned the U.S. intervention. It is up to the Panamanian people, not the barrels of U.S. guns, to decide what to do about Noreiga. The National Lawyers Guild — Harrassment Condemned; Tolerance Urged To The Editor: Over the last four months, pro-Palestinian stickers on a law student's locker have been repeatedly defaced and destroyed. We recognize that the debate over the Israeli-Palestinian issue is marked by sharp disagreement and bound to arouse emotions; deep national and communal commitments are at stake on both sides. We, ourselves, are committed to a secure Israel and to the vital importance of the Zionist ideal for the life of the Jewish people, but we know that a just peace between Israelis and Palestinians can never be reached by shutting out the view of the Palestinians. Neither the personally hostile tone of the comments graffitied on the stickers, nor physical interference with this student's expression of pro-Palestinian views constitute productive contributions to the debate or even protected political speech. We condemn these incidents as acts of harrasment. Last year, posters that we put up around the law school to publicize Israeli cultural and political events on campus were defaced with anti-semitic slogans and destroyed. No one was ever caught nor was any official action taken. In the case of the pro-Palestinian stickers, the administration has had ample notice of the destructive acts but has taken no public action in response. We find such hostility to be completely inconsistent with the kind of atmosphere that should be fostered at this law school and ask that the administration publicly condemn these and other similar acts. The Jewish Law Students Association �GROUND ZERO Andrew Dice Clay Is An Ulcer In The Stomach ofLife It was a dark and stormy night. I was in a theater eerily full of people, waiting for Nightbreed to start. I was oxidizing in anticipation waiting for Shuna Sassi, the porcupine woman, and Leßoy Gomm, that eyeball-sucking clown prince of darkness, to show their monstrous faces when lo! a horror befell me, one which turned my blood to three D's and a Q*. My mind screamed in rejection of the hideous image which reared before me like a third semester of Research and Writing! For there, 8 feet across in its repulsive glory, was the face of Andrew Dice Clay. The promotion of The Adventures of a Ford Fairlane has begun, and life, as we know it, will never be the same again. by Michael D. Gurwitz Features Editor Call me crazy, call me goofy, but I just can't accept the idea of a misogynistic, homophobic, racist, obnoxious piece of Getting On Law Review In a few weeks, some members of the first year class will embark on the tedious task in pursuit of the 'coveted' membership on the Buffalo Law Review. The trek referred to is the "Casenote Competition," which is held both during the Spring break and at the end of the Spring semester. Since considerable effort is expended in this pursuit, and in light of the fact that many expectations have been heightened by the characterization of this gauntlet as a "Casenote" competition, it is important that first year applicants have a correct understanding of the criteria relied upon in the selection process, i.e., an understanding sufficient to generate a realistic picture of the odds that they will be confronted with. by Gary B. Ketchum Staff Writer "Approximately 10% of the incoming second year class may be offered a position on the Review" [Buffalo Law Review Constitution, Art. 5, §19(a)]. Last year, 38 students were initially admitted to the Review, considerably more than the 10% (27) delineated in the Constitution (First Year class size was approximately 270). The Review uses the following three separate, distinct valuation systems for measuring threshold criteria for admission: (1) "a score consisting of grades and competition papers, each of which shall constitute, afterstatistical weighting, onehalfof the score" (Art. 5, §19(c). Buff. L.R. Const.) (emphasis added), (2) Casenote scoring alone (known as the "write-on program") (Art. 5, §19(d), Buff. L.R. Const.), and (3) Special Circumstances consideration for those studentswho can demonstrate that they are representative of a class of persons who have been racially and/or economically disadvantaged, "or otherwise handicapped" by their circumstances. The percentage of students selected from this category shall correspond with the attendance ratios prevalent in the first year class in toto. The purpose of this third category is "to counteract the apparent unintentional racial and class biases in the selection process" (Art. 5, §19(b), Buff. L.R. Const.). It is much to the credit of the Review's Constitutional drafters that they had the insight and the honesty to acknowledge the inherent cultural bias embedded in the selection process by citing this fact as the basis for the Special Consideration category (see, e.g., Nader/Nairn report, "The Right of ETS..."). This contrasts with the errant conjection that affirmative action type programs are merely racial debtreparation programs (see, e.g., Antonin Scalia, "The Disease as Cure...", Wash. U. Law Quarterly, 1979:147 #1). Perhaps this contagion of enlightenment will spread further so to address other inherently inequitable featuresof the selection process. Confusion arises as to how many students are selected from each category and how much weight is given to the writing component. The questions are usually couched as: "Do I have a realistic chance of getting on Law Review if I have mostly 'Q' grades, but I do well on my casenote?" The answer to this question, looking at the facts which are available, appears to be that those chances will be slim although Jeff Williams, the Editor-in-Chief of the Buffalo Law Review, vigorously dissents from this conclusion. Unfortunately, Williams was partially unwilling ... and partially unable to supply any statistical data which would justify his more optimistic conclusions. Last year therewere only two (2) "writeons" out of 38 first years who were admitted to the Review. That fact decisively quashes any notion that the three categories are treated with any equanimity. Asked why the "Write-on" component was not given an equal footing with the other two categories, given the fact that writing skills are central to the issue, Williams replied that the Review is under pressure from the legal marketplace to weight the selection process in favor of the grading criteria. According to Williams, "The big firm market would not take the Buffalo Law Review very seriously if it wasn't based substantially on grades." Yet, ironically, Williams openly conceded that law firms and Law Reviews are more concerned withthe student's writing skills than anything else. Neither Williams nor Erin Ringham, the Executive Editor, could account for this incongruence. If one accepts the argument that grades translate as adequate indicia of writing ability (a thought repugnantto many serious legal writers), then why have a Casenote Component at all? The more likely explanation is that, just as withthe 'Special Circumstances' category, the Review recognizes an in-built bias in the grading system against many serious, deliberative legal writers who are not favorably disposed to the nano-second 'barf and run' spring format indigenous to the prevailing testing procedures. While the Review has gone to great lengths to foster the impression that the selection process is a 'writing competition,' (they call it the "Casenote Competition"), the reality of the situation is that the threshold issue is one of "Grades," and the issue of writing ability arises primarily as a means of settling the close calls among those with stellar grade performance. Williams contests this view, arguing that the writing component is given sufficient weight in the first selection category. The first selection category provides for a 50/50 scaling of grades and casenote writing, AFTER STATISTICAL WEIGHTING has been applied. This means that these are self-validating terms which leave us in the dark as to how the values are assigned to the writing component relative to the grades component. If the valuations of the writing component are skewed in deference to the grading component, then a subsequent 50/50 scoring treatment is little more than black humor with loaded dice. Unfortunately, Ringham and Williams refused to disclose the employed calculus for formulating the first category scoring. The resulting evidentiary void keeps us in the dark on the matter, while availing the Review of the superior position of controverting this hypothesis without having to make a prima facie statistical showing to support its contention. Williams and Ringham stated that the 'Q*' grade is given greater weight than a 'Q' in the grades scoring component of the selection process. Last year, only one instructor in §1 gave the 'Q*' grade, while numerous instructors in §3 gave the 'Q*'. Last year seven (7) people each were selectedfrom §1 and §2, while twenty-two (22) were selected from §3. The prior year a similarly disparate number of members were admitted from §3. Williams insists that the impact of the 'Q*' weighting is (continued onpage 8) mindless scum like Andrew Dice Clay getting star treatment in a major motion picture. This man's "comedy" routine is based on hatred against the traditional victims in our society. Clay is famous for his infantile reworking ofnursery rhymes. One of his popular gags goes like this: "Jack and Jill go up the hill, each with a buck and a quarter. Jill came down with two-fifty." Gee, "Diceman", are you implying that Jill beat up Jack and stole his money? Or is it that Jill sold herself like the whore that she and all women are? Your audience, typically composed of young men, surely knows, and they approve. Clay has said that it's all an act, that he doesn't really believe the hatred that defines his jokes. This is like saying: "Well I didn't hit that woman with a baseball bat because I hate lesbians, I only wanted the guys to like me" (or "Well, I didn't invade that country because I hate dictators, I only wanted to be popular.") Whether Clay believes what he says or not is irrelevant the damage is done. His audience hoots and hollers and finds reinforcement for their own bigotry. The more popular Clay becomes, the more legitimate blatant hatred of women, gays, and other disenfranchised groups becomes. Funny that Clay, a Jew, never cracks any anti-Semitic jokes. Perhaps he realizes that words can hurt and have been known to kill. That a major studiowould promote garbage like Andrew Dice Clay is indicative both of the corrupting power of money (Clay is reputedly the hottest comic in the land of the spree and the home of the knave), and of a rising numberand acceptance of hate mongering entertainment. One of the hottest heavy metal bands, Guns 'n Roses, is fronted by a jerk named Axl Rose who decries "niggers and faggots." Public Enemy, an influential rap band, spouts anti-Semitic trash through the mouth of Professor "Jews are responsible for the majority of wickedness is the world" Griff. Skrewdriver, a skinhead band, screams songs celebrating fascism and condeming blacks, Jews, gays, immigrants and other favorite targets of the neo-nazi followers. Ripper, a comic book. — JAG Corps . portrays blacks as bulging-eyed, balloon lipped thieves and rapists. Sam Kinison screams epithets at the silicone enhanced T & A of a half-naked Jessica Hahn in the music video of "Wild Thing". Perhaps we should outlaw these antisocial opportunists, make it a crime to preach hate and violence. Better yet, let's lock them up and smash their operations. When you see a skinhead in the street, a swastika hanging from his neck and steel glinting from the toes of his boots, it is tempting to imagine the police arresting him on the spot, or just executing him plain and simple. After all, that skinhead is not wearing steel-toed boots for your health. Those boots are for smashing in faces and bodies, preferably of gays. Skinheads will admit this, and have, to journalists and others who dare to approach them. It is their raison d'etre. Shouldn't we stop these people before they kill someone? Alas, we cannot. It's a familiar slippery slope. First censor the klan, then the skinheads, and the next thing you know, it will be illegal to refer to Operation Rescue as a knot of women-fearing worms or fur wearers as a collection of slimesucking miscreants. Free speech demands that we tolerate the hateful preaching of bigots. It is the price we pay for an open society. As Lazarus Long once said, "You can have the freedom, or you can have peace, but you can't have both together." I for one choose freedom. But this does not mean that we shouldn't strive for peace. We must meet head on the likes of Andrew Dice Clay and his ilk. Better still, let us boycott them into oblivion! Government can facilitate the movement against hate mongering by passing a federal bias-related violence bill. Provide harsher punishments for those who hurt others because of prejudice. Their victims are historically members of the "subject classes" which this country tries to protect (with the exception, of course, of gays seems that in our government's eyes, their lives aren't worth spit). It is not too much to ask. The alternative is to let the hatred grow until it devours this country. Andrew Dice Clay is only the beginning — from page I cated by members of the NLG and the Anti-Discrimination Coalition as an attempt to quell further dissent. "This action has also denied the fundamental right of all SUNY at Buffalo law students equal access to an opportunity to apply for a job with the JAG Corps," thus making the law school an accomplice to JAG's discriminatory practices, according to Martin Coleman, NLG representative. SBA President Chris Reo agreed that the policy change placed the law school in a precarious position of collusion with the JAG Corps in furtherfostering discrimination at ÜB. Law student Tim Jennings expressed his anger over having missed the opportunity to interview with JAG: "I went down to the Career Development Office a number of times to request an interview, and asked to be informed if and when JAG came on campus, but the CDO policy change effectively denied me the chance to meet with them." GRADE:- G-tTTER PROFILES Jmars, *f& /basic mVKiTZQUILA \ TV SMohtf: la*A7H£-/?' IuUNVAMmm {Lot* yVMIOiTY) to t ALL vsA"-* . Yi/KOU TACK * 7v siVW<s MbOXEA WORLD OF w&KTHER l ESCAU\TItff \bfttEX February 28, 1990 The Opinion 7 �Commencement News Monday & Tuesday March 5 & 6 Voting For: Student Speaker Faculty Speaker Professor of the Year Staff Person of the Year Outside Library Please Vote and Buy a slice of Pizza to support Commencement Activities Black Women ous during the year instead of the individual paying as she goes along and collecting at the end of the year; (3) health coverage for uninsured working women, perhaps a national health legislation to restore medicaid to the working poor that was minimized while Ronald Reagan was in office; (4) pay equity legislation which requires both gender and race analysis; and (5) an education and training program besides JTPA (Job Training Partnership Act) which as it stands is ineffective. A tape with detailed statistics of the wage comparision, historical aspects of women in the workplace, update and use or non-use of Title VII of 1964 Act and the from page 4 proposed new Act that Ms. Rutherford addressed can be borrowed from the A.V. Department. NOTICE TO ALL STUDENT ORGANIZATIONS All studentgroup budget proposals are dueWednesday, March 21 at 5:00 p.m. Please submit the budget proposals to the SBA office or to mailbox #692. Failure to submityourproposal will bar your organization from receiving any funding for the 1990-1991 fiscal year. — Coming Soon Work A Day In The Public Interest Fund Drive A Public Service Announcement by The Opinion. Law Review from page 7 negligible, and he simply describes the §3 students as being more "inspired" than students in the other sections. When asked if he thought it was unfair to give extra weight to the 'Q*' grade when many instructors refuse to recognize that grade, Williams replied that the Review is merely using the grading system which is presently in effect at this school. Williams said it is up to the school to rectify the grading disparities, not the Law Review. Williams stated that he believed a traditional grading system (A,8,C,D,F,) would make the selection process easier, more meaningful and more fair than the present 'H/Q' grading system, since it more accurately reflects the subtle variations in performance levels and is more amenable to numeric translation. In that considerable expectations have been heightened by the way in which this competition has been presented (as a "Casenote" competition), inducing substantial sacrifices and commitments, these students are entitled to have access to vital, reliable information on which AMERICA? THIS IS MCPHERSON by DARRYL Page 8 The Opinion February 28, 1990 they can reasonably base their decisions about participation. Unfortunately, this article falls short of filling that evidentiary void due to the Review's sequestering of much of this information. Each student must decide for her/himself whether the substantial investment of time and expectations can be justified, according to one's own situtaion. Legal writing and research, itself, is a skill worth developing and most often is something that first years should concentrate on developing. By the same token, one can equally acquire those skills via legal summer clerkships, and one may not be able to justifyforegoing an income-producing, skills-developing clerkship opportunity in order to participate in the Law Review competition which may hold low prospects for success. Most students are acutely aware of the fact that law review admission represents high-octane cannon fodder for the resume. This is a compelling inducementfor the student to "go for it" as a stakeholder. At a minimum, the Review selection process ought not to be operated so sur- reptitiously. Students are entitled to have this vital information openly disseminated so they can make an informed decision about participation. Furthermore, since writing is admittedly the cardinal concern of both the Review and the typical law firm, the write-on component of the selection process ought to be raised to an equal level of significance with that of the other two indicia categories. Under the "Buffalo Model" concept of a progressive, open-minded approach to academics, we ought not to wimpishly succumb to theoutside pressures of 'Blue Chip' law firms that try to extort compliance with their dictates of academic policy, as though this was a legalese mail-order sperm bank. This is particularly so where, as here, the dictates they impose are internally inconsistent, and contrary to common sense and threshold rules of logic. We, the students, are the ones who have to live with these phantasms fashioned by sophistry. If the 'Blue Chip' law firms are concerned about grades, they have the transcript which they can reference; if they are concerned . about the competency level of the Law Review members, they have the publication itself which they can reference the most meaningful indicia there could be. IMPORTANT DATES TO REMEMBER... 1990-1991 Executive Board Elections All first or second year students interested in running for a position on the 1990-1991 SBA Executive Board must submit signed petitions by Friday, March 30 at noon in the SBA office. Petitions may be picked up at any time. Elections will be held Wednesday and Thursday, April 4 and 5. An Executive Board Forum will be held on Thursday, March 29 in which the candidates will debate and discuss their platforms to the public. Candidate statements that are to appear in The Opinion are due Monday, March 26 in boxes 59 or 60. �What To Do With Your Copy of The Opinion The Newspaper "Fold-A-Pope-Hat" Start with at least two sheets of newspaper, stacked one atop the other. STEP 1: Fold top corners of all four sheets to center. STEP 2: Fold the top two sheets up. Bottorn edges should meet edges of folded corners. STEP 5: Fold all thicknesses from side to IV2" beyond approximately center " /Tv Adjust size by more folding yS (or less) beyond V* • •*•■ the fold / ~S C. IV*1 J STEP 6: Repeat with other side. <s j >v • .J? \/\ \f >r.. | L * /'\2±L/ZL | ' STEP 4: Filp over. Fold remaining iwc STEP 3: pages up once. Bottom edges Fold the same two sheets over should line up with bottom of again. front fold. STEP 7: Fold up bottom flap to even with the bottom edge of the front. /S*V\.>. Pv To even with front edge' l i COMPLETED POPE HAT: |f SW\. S' X. J Back f I > § Front Kaplan-SMH presents: MPRE Review MPRE Lecture Friday, March 2 Room 210 3 - 6 pm Open to ALL Students at No Charge MPRE Question Review Tuesday, March 6 Room 212 6-9 pm Open to Kaplan-SMH Students Only For more info, call the Kaplan Center at 837-8022. February 28, 1990 The Opinion 9 �UNSUNG HEROES: No Task Too Small For Sue Szydlowski Meet Sue Szydlowski. A single mom balancing a long day in the office and parenthood. No this is not the next episode of thirtysomething. Sue is none other than a member of our UB family who has helped to keep our school operating smoothly. offices on the third floor. This frequency occurs mainly because she processes the over $40,000 budget for the Moot Court by Sandra Williams Staff Writer Ms. Szydlowski came to this law school from her position as Senior Stenographer at the Computer Center, responsible for all the major computer accounts. She was hired as a Senior Stenographer but acquired an in-house titlefrom former Dean Wade Newhouse, that of Technical Assistant for Budget and Operation. Having worked as an Administrator for fifteen years when she joined the UB support staff, Sue is well qualified for the responsibilities that go with her title.Though she only works three quarter time (25% more than half time) her responsibilities extend beyond that of a full time person. Situated somewhere in between Assistant Dean Aundra Newell and the CDO office, Ms. Szydlowski's office is, in her words, one of the most frequently visted Sue Szydlowski and Law Review funding. In addition she assists student organizations securing funding from the Dean's office. She informs them as to the correct procedure, what is a reasonable funding request, and the history of their particular line of fund- ing. In addition to these budgetary duties, Sue also keeps track of expenditures termed O.T.P.S. (Other Than Personal Services). These services include supplies, equipment, contracting and temporary services such as student assistants and research assistants. "Dealing with students and providing whatever information they need and making sure the law school is running smoothly in terms of these services is quite satisfying. People can come and ask a question and it is answered." And people do come and ask questions, keeping Ms. Szydlowski quite busy. The faculty quite frequently ask for Sue's assistance, ranging from the flooding of a bathroom to coordinating all moves for faculties, incoming and continuous. To top it off she also has to provide an enormous amount of reports to the Dean on a monthly basis, keeping track of use of the copier, postage machine and how often the telephone is used between local, long distance and watts by faculties. She also has to maintain supplies regardless if -Central Stores is low. Not to be left out is the fact that she also works with Forum Magazine, a publication informing others about the law school. She manages the expenditures for photographers, billings and other expenses that go along with the publication. When asked if she finds this overwhelming, she responded that sometimes itfeels like a full time job, but it seems easier to get all the work done than a full time person. "I also enjoy my job and like working with numbers, therefore doing budget is enjoyable. Furthermore, I get a great deal of satisfaction knowing that somebody can ask a question or have a problem and I can help them in some way." Ms. Szydlowski is grateful forthe assistance she receives in making her work much easier. She is thankful to Arlene Rizzo, Bradley Gayton, who programs the reports and student assistant Maria Germani. And as she puts it, "no matter how small the task, it is very important to the functioning of the law school." She would like to work full time if she could, but can't at this time because she has a son that needs her at home. Never forgetting of course, when a day at work has ended, this single mom heads home to await her seven-year-old son and take care of her home, which she takes pride in doing. BPILP To Launch Funding Drive On April 2, 1990 the Buffalo Public Law Interest Program (BPILP) will kick off its third annual "Work A Day in the Public Interest" pledge drive. The drive will be held during the first week of April, ending on Friday April 6. All law students and faculty are encouraged to pledge the equivalent of one day's salary to BPILP for the funding ofsummer internships at local Legal Services Corporations (LSC). by Mary Clare Kane Staff Writer According to the National Association of Public Interest Lawyers (NAPIL), 85% of the legal needs of the poor are WITHOUT access to legal services. Simultaneously, the number of law graduates entering the public interest field has rapidly declined about 46% over the past twelve years. Local Legal Services Corporations are in great need of summer interns. Unfortunately, they cannot afford to fund these positions. Thus, only the rare law student who can afford to volunteer or the student willing to accept a summer work-study stipend (about $800) can benefit from the LSC experience. Hence, a "no win" situation: the student loses thevaluable experience, and more importantly, the poor remain without the needed legal services. This is where BPILP internships come into play. BPILP has funded as many as five LSC internships per summer. In 1988, BPILP created a new program called Student Faculty Initiated Internships (SFII). All first and second year students who are interested in interviewing for and accepting a summer internship position with a local Legal Services Corporation are eligible for an internship award from BPILP. In the past, such organizations have included Neighborhood Legal Services (NLS), Legal Servicesforthe Elderly (LSE), Volunteer Lawyers Project and Farmworkers Legal Services (which is based in Rochester, N.Y.). For the summer of 1991, BPILP is considering having a mix of local and national internships for the summer of 1991.In that case, students receiving an SFII would work for a Legal Services Corporation either in Western New York or elsewhere in the nation. Details regarding the number of funded internships, the stipends and application procedures for 1990 are forthcoming. Like similargroups at other law schools, BPILP seeks funds from within the law school community by asking students and faculty to "Work a Day in the Public Interest." Similar fundraising activities have been (and still are) highly successful at other law schools in the country: UCLA 10 The Opinion February 28, 1990 ($36,000), University of Michigan ($35,000), Harvard ($41,000), University of Texas ($11,000) and Berkeley (pledge drive grew from $10,000 to $90,000 in a ten year span). U.B.'sfundraising efforts have met with similar success. The first annual pledge drive raised $7,000, the second drive saw over a 50 per cent increase in pledges and reached a total of $11,000. This year BPILP's goal is $20,000. "UB students and faculty are intensely aware of the need for legal services for the poor. Our law school community has demonstrated a strong commitment to the field of public interest law in the past and we hope a successful pledge drive will be a part of thattradition. The pledge drive gives everyone a chance to do a day's pro bono work, which is part of being a member of the legal community. We're confident that if everyone pledges to 'work a day in the public interest', we can reach this year's goal," said BPILP member Karen Doeblin (3D who along with BPILP member Paula Eade (3D is coordinating the 1990pledge drive. "It goes without saying that this pledge drive and fundraising in general has been and is the key to the success of the SFII program. The more pledges received the more internships can be created and funded (!!). We are enthusiastic and excited about this year's goal of $20,000," said Chris Thomas, (2L) and Graduate Assistant for Public Interest Careers, who is also assisting BPILP with the pledge drive. Again, everyone is asked to pledge the equivalent of a day's salary. For those fortunate enough to have a lucrative summer orfull-timeposition, this can mean a pledge of as much as $250. First and second year students and the Faculty will be asked for pledge commitments now, and they will bebilled during the summer. Graduating law students (with the Bar exam to finance) are asked to pledge a day's salary based upon their anticipated income, and they will be billed next fall. BPILP once again continues to provide incentive for those who make a down payment of $30 (cash or check) on their commitment during pledge drive week. Such down payment will entitle that person to a sturdy T-shirt (100% Cotton) or a ceramic coffee mug, each embossed with the BPILP "Work a Day in the Public Interest" logo. Also, a tentative SFII "kick-off" party is being planned for late March in order to energize the student body to gear up for a successful pledge week! In the next edition of The Opinion former SFII recipients will share their summer experiences with the readership. Please stay advised! r 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 201/623-3363 \ J* >T Case Studied By Students In its search for fresh and innovative talentthe SUNYAB-LawSchool continues to interview candidates for its vacant staff (faculty) positions. The most recent candidate to date was Mary Anne C. Case, a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison of New York City. Ms. Case lists her interests in legal teaching as "Civil Procedure, Constitutional Law, Contracts, Comparative (EEC), History, Property, Tax, and Women." by John B. Licata Staff Writer During her hour long meeting with students, Ms. Case touched upon several concerns regarding modern legal education and the preparation of the future advocates within the legal system. A principal argument she made against Socratic teaching methods centered around the role of the lawyer as an advocate for her client. "The Socratic professors are not much differentfrom the appellate judges. As a result advocacy isn'ttaught well. Students are taught to think as the judge instead of representing the individual." Ms. Case explained the role of the litigation attorney as one of "taking concepts and making them work for somebody." Ms. Case discussed the benefits of working in groups when presenting a brief for a course. Oft times the student turned lawyer will join a large firm and the documents produced are "a corporate effort where one paragraph is yours, one is somebody else's. Groups are good to get you accustomed to how it is in the firm, unless you're thesolopractitioner." When asked about her interests in an advocacy program on campus Ms. Case showed interest in feminist issues. Her resume lists articles, one written in French and one written in German, discussing the historical aspects of the development of rights for women through the ages. Ms. Case's resume is on file in 318 for further perusal. Contact Ms. Charmagne Henry for details. -n �BPILP Introduces Loan Repayment Proposal The Buffalo Public Interest Law Program recently revealed a first draft of the Loan Repayment Assistance Program (L.R.A.P.) options paper. A Task Force, composed of a group of 8.P.1.L.P. members, began work on the proposal last Fall. Below is a reproduction of the options paper. 8.P.1.L.P. welcomes any suggestions, comments and input from students and faculty. Please respond to O'Brian Hall, Room 509. LOAN ASSISTANCE REPAYMENT PROGRAM Before beginning, it must be pointed out that this is an options paper, a first draft. For the most part, it contains our recommendations made after assessing the possibilities, and thinking about what would work best for ÜB. We have not set out sharply defined and rigid categories defining this project. It is our sincere hope that the gritty details will be determined through consensus of the governing body. However, any suggestions or input (gritty or otherwise) would be appreciated so that we can develop the best overall program. A. PHILOSOPHY BEHIND THE PROGRAM SUNY is committed to responding to public needs through instruction, research and service. Now as in the past it exists for many reasons, but all ofthem can be subsumed under one overriding purpose to enrich and improve the lives of the people of New York State. "The Master Plan of the State University of New York," 1984, p. 49 — The impetus to create a Loan Repayment Assistance Program emanates from a simple though instrumental observation: because many law students borrow money to attend law school and thus accrue sizeable debts, the burden of repayment influences their choice to practice law in specific fields. The legal domain most seriously affected is Public Interest Law. Public Interest Law generally addresses issues of poverty, civil rights, public rights, non-profit representation and administrative problems. The purpose of this proposal is to address the financial problems faced by students interested in pursuing a career in the public interest, and thus directly confront the loss of promising and committed students who might otherwise choose such a career. The immediate goal of the loan assistance program is to financially aid newly graduated lawyers who choose careers in the public interest. The secondary aim of the program is to entice and, more importantly, enable law students to choose this career path by reducing the burdens caused by debt. We offer these goals so that we might contribute to theLaw School's effort to train students to meet the challenge of the legal profession's expectation that all lawyers "should render public interest legal service." Most Loan Repayment Assistance Programs provide recipients with loans with which they are expected to pay their educational debts. These loans generally account for a percentage of their educational debts, and the amount of the loan increases as the participant's tenure in a public interest job increases. These loans are eligible for partial or complete forgiveness after several years of eligible participation in the pro- gram. The Program's funding may be derived from a variety of sources, most of which are outside of the University's financial aid system. For instance, many loan repayment programs rely solely on private grants and foundation support. Others rely on a hybrid of sources, accepting some funds from the University and the balance from outside sources such as local and state bar associations as well as private corporations and donors. We propose that our program receive this type of hybrid support as a manifestation of the cooperation that exists and should be promoted between the State University Law School and the community at large. The fund will be managed by a board of prominent lawyers, academics, community leaders, business people and students. They will be responsible for approving substantive changes in the program to improve its operational effectiveness. They will also promote the expansion of the program by enlisting supporters locally, statewide and nationally. We anticipate that the fund shall be administered through the Law School, under the auspices of Dean Filvaroff. Presented here is the general framework and philosophy that underpins the proposed Loan Repayment Program at SUNY at Buffalo School of Law. While the particulars of this program and its framework are malleable, the professional imperative that informs this proposal remains firm: that the legal profession must respond seriously and innovatively to the urgent needs of the under-represented in our community. 3. ELIGIBILITY FOR PARTICIPATION 1. Employment a) In the long run, we would like to accomodate a broad range of public interest work everything from traditional legal services positions to private public interest law firms. However, until this program and its funding sources are firmly established, our primary objective will be to provide assistance to graduates who are employed by non-profit legal services organizations as defined under section 501 (c) (3) of the Internal Revenue Code. We feel that the pressing needs that these legal services organizations fill, and the general lack of funding they annually face, make tnem most worthy of our support. Remaining funds will be disbursed to graduates practicing public interest law with priority given to the graduate with the lowest "take home" pay after monthly academic loans are satisfied. Preference given to public interest work as follows: 1. Government 2. Private public interest firms 3. Judicial Clerkships At the same time we recognize that there is a broad need which must be met. Consequently, if a graduate in a lower priority group can make a case that s/he is needy and deserving, ÜB's program will considerthese applications on an individual basis, as funding permits. b) Eligible employment is full-time work. Part-time work will be included if the employee must spend time outside work for child care, elder care or self-care. Leaves will be allowed for maternity/paternity situations as well as for care of sick relatives. The length of time permitted for the described leaves and part-time shall be two years. c) To become eligible for the loan repayment program the graduate must enter public interest employment within six months of graduation. — 2. Eligible Income a) A $25,000 cap is suggested on income to be eligible for ÜB's program. This is a number which is used frequently in other schools' programs. This cap need not be a maximum set for the duration of the repayment period. A mechanism or formula for computing the impact of raises and inflation will need to be developed. b) In determining income, spouse and children will be considered. If the graduate and spouse file jointly for tax purposes, then the spouse's income will be taken into consideration in determining the graduate's eligibility. The method we propose would use as the income figure either the graduate's income or 1/2 of the total income of the graduate and spouse, whichever is higher. c) A deduction from income for each child will be permitted, if the graduate has children. A $3,500 deduction per child is what we recommend. d) Initially, geographic location of employment (e.g. urban v. rural) will not be taken into consideration. The cost involved in monitoring each relocation and determining the cost of living would put an unnecessary burden on this new program. Some geographic areas, however, do have a greater need for public interest lawyers. Once established, this program will need to create guidelines to address this concern. c) An efficient use of scarce resources will require the establishment of a minimum debt to be eligible. $10,000 is suggested as a working figure. 3. Eligible Loans All need-based undergraduate and graduate loans of an eligible recipient will be covered. The concept of removing debts to encourage the entrance into public interest work will not be realized with only partial coverage. 2. Income information on a calendar year LOAN FORGIVENESS AND REPAYMENT 1. Loan Forgiveness Schedule schedule. As described earlier, the loan forgiveness program provides loans to graduates with which they are expected to pay theiracademic loans. The percentage of loan actually forgiven increases as the graduate's tenure in public interest law increases. An example of how this operates is set out in the sample schedule below. This sample schedule should serve as a guideline for the Buffalo Loan Repayment Program, with room for alterations as funding dictates. % % 'ears in LRAP Program Loan Forgiven 100 0 1 85 15 2 3 70 30 45 4 55 60 5 40 6 25 75 0 100 7 2. Program Loan Repayment Graduates who are participating in the Loan Repayment Program will be required to repay program loans if they leave qualifying employment. The amount that must be repaid to the fund • shall be calculated from the date that the participant, with proper notice, fails to confirm information for the prior year's employment. Further, a nominal rate of interest shall be charged on all funds and shall be applied only after program comes due. D. SUGGESTED APPLICATION PROCEDURES 1. Proof of employment with a qualified employer. 3. A list of educational debts, including the lender's name, the date of origination and when the debt repayment begins. 4. A signed copy of the applicant's federal tax returns (also required for each year the participant receives program funds). 5. Spouse's tax return. 6. Anagreementtoreportsalaryincreases. 7. Any additional documents deemed necessary by the program administrator. 8. This information should be supplied within 60 days of participant's employment. E. PROJECTED COSTS Existing loan repayment programs have found that program costs are much lower than originally anticipated. In 1987 the average cost per participant in a loan repayment program was $2,500. As the program ages, costs will be lower as participant's incomes rise, triggering a payback of some of their program loans. Based on an estimated 15 participants at an annual cost of $3,000, we anticipate the need to raise approximately $45,000 to get the program off to a strong start. F. DISCLAIMER The Dean shall have the right to alter the program at any time, with approval of the governing body. CONCLUSION To establish a successful program, we need a simple and flexible structure with modest goals. Additions, deletions or comments should take this into account. TAHCREOSNATION Law School News Briefs WASHINGTON AND LEE The Honorable Louis F. Powell Jr., former justice of the Supreme Court has announced his intention to donate his personal and professional papers to Washington and Lee University, his alma mater. Powell, who received his undergraduate and law degrees from Washington and Lee said that "... my six years on campus were among the happiest of my life." He also said that his decision to leave his papers to the University instead of the Library of Congress, was based partially on the schools plans to build an addition to house the papers and to provide facilities for appropriate research. (W& L Law News, vol. 19, no. 5, Jan. 25, 1990, p. 8) HASTINGS In the wake of the San Francisco earthquake last October, Hastings college has decided to demolish severely damaged college buildings. One of the buildings previously housed theLaw School's Gen- BUDGET HEARINGS The SBA budget hearings will be held Friday, April 6 at 4:00 p.m. in room 106. All student organizations must have their proposed budget requests submitted by Wednesday, March 21 at 5 p.m. in the SBA office. Finance Committee meetings will be held Wednesday and Thursday, March 28 and 29 starting at 5:30 p.m. in the SBA office. The times in which the student groups are to appear for the Finance Committee meetings and the Budget Hearings will be randomly selected and posted in the SBA showcase at least 24 hours prior to the de- Assistance Advocacy Program (GAAP) a non-profit legal clinic for poor eral neighborhood residents. GAAP was run by law students and the group was forced to relocate in November when an engineering report declared the building structurally unsafe. One of the proposals for the property is to construct a joint city courthouse and law school facility. (Hastings Law News, vol. 23, no. 6, Feb. 5,1990, p. 1) NEW YORK UNIVERSITY About 60 law and business students participated in a Community Action Day in which they assisted in distributing 300 blankets to homeless people. The Community Action Day was sponsored by Law Students For Public Service (LSPS) and was funded by student contributions. LSPS sponsored another Community Action Day earlier in the year in which they had worked with a tenants association to clean up and renovate an apartment building which had been neglected by the landlord. (The Commentator, vol. 25, no. 8, Jan. 25, 1990, p. 4) THE PASSWORD: 415 Seventh Avenue, Suite 62 New York, New York 10001 212/594-3696 2017623-3363 signated days. February 28, 1990 The Opinion 11 �New York, New Jersey, and New England Students FMULTI STATE PROFESSIONAL RESPONSIBILITY EXAM LECTURE More people take BAR/BRI than take all other bar review courses combined. And more people take BAR/ BRl's course on the Multistate Professional Responsibility Exam (MPRE). For students currently enrolled in law school and enrolled in the BAR/BRI bar review for New York, New Jersey or any New England state that requires the all you need do to take the MPRE course is put down an additional $75, the full amount of which is credited to your BAR/BRI bar review course (differing amounts will be credited in other BAR/BRI states). EMPRE, VIDEO EDate: Time: Place: SAT., MARCH 3RD 9 AM-IPM ROOM 106 The Nation's Largest and Most Successful Bar Review. 415 Seventh Avenue, Suite 62, New York, NY 10001 (212) 594-3696 (516) 542-1030 (914) 684-0807 (201) 623-3363 160 Commonwealth Avenue, Boston, MA 02116 (617) 437-1171 • 12 The Opinion February 28, 1990 • • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-02-28 Alternative Title An alternative name for the resource. 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At his inauguration, he was acclaimed by Dean Calabrese of Yale Law School as "a genuine scholar with a passion for justice and innovation." Dean Burns' extensive accomplishments and contributions to the field of law reveal this description to be quite an understate- Counsel to the NAACP Legal Defense and Education Fund. In 1971, he headed the Attica Brothers legal defense after the ment. Haywood Burns became intensely involved in the civil rights movement very early in his career. In 1968 Burns served as Chief Counsel to the Poor People's Campaign which was the last project organized by Dr. Martin Luther King. From 1967-69 Dean Burns served as Assistant Dean Haywood Burns prison rebellion. Dean Burns is the Vice President of the Center for Constitutional Rights. He is currently a member of the Emergency Civil Liberties Committee and the National Institute for Citizen Education in the Law. Dean Burns served in leadership positions in many organizations and agencies within the law, including Director of the National Lawyers Guild, the U.S. Civil Rights Commission, New York Lawyers for the Public Interestand theU.S. Department of Defense Civilian/Military Task Force on the Administration of Military Justice. Dean Burns has been honored with awards which recognize his dedication to addressing and improving social conditions in society. In 1985, he received the Human Rights Award from Bronx Community College and in 1986 he received the New York CivilLiberties Union Fiorina Lasker Award. Also in 1986, Dean Burns received the Prisoners' Legal Services of New York Award. He received the Malcolm King College Presidents Award in 1983 and in 1985 Dean Burns was honored with the Civil Rights/Human Rights and Ordinary People's Rights Award. Dean Burns has directed a great deal of his energy to the black and minority communities. Mr. Burns has served as director of the National Conference of Black Lawyers from 1970-1973. He is a member of the Puerto Rican Legal Defense Fund and the Asian-American Legal Defense Fund. Dean Burns is a member of the Council on Church and Race and was general counsel for the Coalition of Concerned Black Americans. Mr. Burns was awarded the Black Americans Law School Association Service Award in 1980. Dean Burns has authored The Voice of Negro Protest in America. This work was published in French, Spanish and Danish. He has written extensively in legal and scholarly journals on such topics as Racism and the Law, the black prisoner as victim, African penal systems, the black bar and the rule of law in the South. Dean Burns held professional positions at New York Law School, New York University Law School and CUNY Law (continued onpage 3) THEOPINION Volume 30, No. 11 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW March 21, 1990 Professor Wade Newhouse Recipient of the 1990 Jaeckle Award Professor Wade Newhouse was presented the 1990 Jaeckle Award at the 14th Annual Alumni Convocation, held March 10, at the Center for Tomorrow. The Jaeckle Award is named for alumnus Edwin Jaeckle, UB Law Class of 1915. The Award is the highest honor given by the Law School and the Alumni Association. The Jaeckle Award is given annually to an individual who has served the law school and has advanced the legal profession. cation in New York State," and "Law and Education of Handicapped Children in New York State." He also teaches con- Filvaroff, David Parker (President, Law Alumni Association) and Professor Marjorie Girth took part in the presentation by Maria Schmit Staff Writer Professor Newhouse was selected for his 32 years of outstanding service to the Law School. In addition to teaching, he has heldvarious administrative positions. Professor Newhouse has served as Dean, Associate Dean, director of the Law Library, and director of the Edwin Jaeckle Center for State and Local Government. He is credited with starting the Education Law Clinic. An expert in Education Law, Professor Newhouse teaches School Law and has published "Law and Public Edu- Dean David Filvaroff and Professor Wade Newhouse stitutional law and public employment of theAward during a luncheon in Profesand collective bargaining. sor Newhouse's honor. All praised Professor Newhouse for his commitment to Provost William Greiner, Dean David Phillips, Lytle Offers Minority Scholarships There has been much recent attention to the fact that there are not many minor- ity lawyers working in Buffalo. Last month, Buffalo law firm Phillips, Lytle, Hitchcock, Blame & Huber took a positive step towards correcting this racial imbalance when they announced the creation of two new minority scholarships through the law school. by Lenny B. Cooper Staff Writer Beginning in the fall of 1990,the annual scholarships will be offered to minority students entering their second year of law school. Based on merit, financial need and commitment to Western New York, the scholarship will cover a substantial percentage of the students' tuition for their second and third years of law school. In initiating this pioneering effort, the first by a Buffalo law firm, Phillips Lytle Managing Partner Bob Greene commented "We hope that the scholarships will not only benefit the individual recipients, but that over the years they will help to enrich our community by encouraging minority lawyers to stay and work in Buffalo." Greene mentioned that he believed that the main reason why there are so few minority lawyers in Buffalo is that there is a proportionately higher demand for minority lawyers in cities biggerthan Buffalo. Greene felt that many students perceive the opportunities in these cities to surpass those of Buffalo. Green cited Phillips Lytle's concern overthe size of the minority bar in Buffalo. Those sentiments were echoed by Law School Dean Filvaroff who added "By establishing this scholarship, Phillips Lytle demonstrates its commitmentto Western New York and its desire to maintain a strong minority bar in our community. It is highly commendable that one of Buffalo's most prominent firms is helping our law students in this way. I hope other law firms follow their fine example." Around the law school, the Phillips Lytle scholarship was greeted with praise. "It's a good start", said Andy Madrid, presi- dent of the Asian/American Law Student Association. However, Madrid emphasized that he felt that this was only a start. Madrid suggested that law firms might help minority students by offering them jobs, rather than money. In commenting on the perception of some minorities of the Buffalo law firms, Madrid mentioned that there is a feeling by some students that minorities do not have a good chance of being hired by Buffalo firms. This feeling is expressed by a lower number of applications to such firms. Madrid felt that such positive actions, as Phillips Lytle's scholarships, will help to change these perceptions and improve the situation. The scholarship was described by Bob Greene as having "no strings attached". It is, however, limited to second and third year students. Greene explained that this was because Phillips Lytle wanted to ensure that the students chosen for the scholarship had demonstrated the ability and commitment to succeed in law school. the law school and the work environment. Professor Girth thanked Newhouse for working for equality of opportunity for staff, faculty and students at the Law School. Professor Jacob Hyman, who unfortunately was unable to attend, sent a letter stating that one of his greatest contributions to the Law School was recommending Wade Newhouse for a faculty position back in 1958. Upon receiving the award, Professor Newhouse reminiscedabout the past. Before leaving for Michigan Law School in 1948, Newhouse had the opportunity to attend the Republic National Convention in his home state of Tennessee. Edwin Jaeckle was Republican candidate Thomas Dewey's campaign manager. (Earl Warren was Dewey's Vice President candidate.) Receiving the Jaeckle Award brought back memories of sitting among the masses of people at the convention. Professor Newhouse also spoke a little about the tradition of the UB Law School. He stated that since World War 11,the UB Law tradition has been concern for improving ways of educating law students. In educating, theory of law should not be divorced from practical application. Newhouse stressed that law and the profession of law serve our society in many ways. The UB Law School faculty and alumni have responsibility for maintaining the quality of the legal profession. UB Law students, faculty and alumni must work together to improve the quality of theLaw School, the nation and the world. Prior to the presentation of the award there was a morning-long symposium on "Marriage, Divorce and Death: The Impact on Business and the Professions." HIGHLIGHTS Veteran Peter Mahoney speaks on the plight of Vietnam veterans who protested the war page 3 Former student and faculty panel discuss public service page 4 .... . Grade chart for fall 1989 page 9 �Bt m^ b£ —-^m^—■ P"/ ■ ;' " f>. ;•■ --. .v,vvli\ t f. bT Bβ!' , • * \ '• V ■ • ■ " ■••¥?. dH \ " * ' •>• '%L I :■ • me-:- •-.'•*«lj. H', " ,' BT ... bhb^ *' *H bF' • •'• .tl'r '"" 1 IhE ■V———— Z- m 1 1 \\V \a ' '< S 1 & bbl ■■&* WEWANT ASA PIEPER MEW YORK BAR REVIEW REP! For information contact: PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 Willis Avenue, Mineola, New York 11501 2 The Opinion March 21, 1990 • Telephone: (516) 747-4311 �.. Vietnam Veteran Recounts Sad Epic In American History From patriots to traitors, from integrated citizens in society to isolated social pariahs that was the strange story of the Vietnam Veterans who opposed the war in Vietnam. The catalyst for opposition to the War in Vietnam was different for each veteran, but the double-edged rejection by the country that they served was a common theme. They were initially spat upon by anti-war protesters upon surviving the rice paddies; they were persecuted and prosecuted by the government that they served when they permitted their own individual consciences to reappraise the war as an unjust and unjustifiable mercenary exercise. This was the tale of irony told by Peter Mahoney Tuesday evening (March 6) in Vieta talk entitled: "WAR AT HOME nam Veterans Against the War." Mahoney still did not have strong antiwar sentiments when he returned to the states in March 1971. He was trying to Mahoney was arrested for the first time in his life that night. In 1972, Mahoney became more in- Ros Milch Spectrum! The of courtesy — Phot by Gary B. Ketcham Staff Writer Peter Mahoney At the age of nineteen Peter Mahoney assumed his civic duty and joined the U.S. Army, prompted by the U.S. defeat in the Tet Offensive in 1968. Intending to join the airborne unit, Mahoney ultimately went to Vietnam as a Senior Advisor, counseling the South Vietnamese military. That was in March of 1970. Mahoney typified the profile of a good soldier. Whatever personal feelings he harbored about the War in Vietnam he put aside, and he executed with diligence and fidelity in his capacity as a U.S. soldier. One of the turning points for Mahoney came when 29 South Vietnamese soldiers which he had just helped to train, many of whom he had become very close to, left to join the North Vietnamese Viet Cong. Mahoney recalled thinking about the gravity of what they had done, i.e., voluntarily choosing to oppose the awesome military power of the U.S., and he remembered asking himself, "Who am I, as an American, to tell them that they're wrong?" sort it all out, hovering in the penumbra, intrigued by the peaceful anti-war protests of several Vietnam War veterans. It wasn't until the government turned against those who had risked (and often lost) life and limb that Mahoney and many other Vietnam Veterans became immersed in a cause. In attempting to exercise their free speech rights to express their own conscience, a right which they had supposedly risked their lives to preserve, they were threatenedwith prosecution and imprisonment... a threat which the government attempted to deliver on repeatedly. The true breaking point came when Mahoney and other Vietnam Veterans were told they could not march in a Veterans Day parade, and they'd be arrested if they tried to "walk anywhere as a group" that night. Mahoney recalled the irony of that edict: "I mean, here I was, my first Veterans Day back from Vietnam, and they're going to arrest me for trying to march in a Veterans Day Parade." volved with the organization, "Vietnam Veterans Against the War in Vietnam (VVAW)", and it was out of that involvement that he and seven others came to be indicted by the U.S. government, in July 1972, for conspiracy to incite a riot at a public convention (the Republican National Convention, which was still a month and a half away at the time the indictments were handed down) in the now famous "Gainesville Eight" case, which coincided chronologically with the Watergate incident. Ultimately all of the defendents were acquitted, but Mahoney pointed out that, in the end, the government had won. The government had won because the primary purpose of the persecution of the Gainesville Eight was to divert and deplete the resources of the VVAW and disintegrate the organization. This is precisely what happened, although the VVAW exists today in a substantially different form. What Mahoney related to a riveted au- Hayward Burns School. He was a visiting professor of law at Buffalo Law School from 1974-75. Burns served as chair of the Urban Legal Studies Program at CCNY from 1977-1978, and also held the positions of provost and dean for the Urban and Legal programs at CCNY. Dean Burns currently is active in a variety of public interest groups such as the National Prison Project, the New York City Criminal Justice Agency, the National Employment Law Project, the Lawyers Committee for Nuclear Policy, the National Coalition Against the Death Penalty, and the Community Service Society of New York. Mr. Burns was Director of the Max E. Wade Newhouse Ros Spectrum/Mih The of courtesy Phot , On March 1 7990 over 60 UB law students united to protest the alleged racial practices of the Amherst police. Second-year student Sharon McKenzie, organizer of the protest, had previously been subjected to questionable practices by the Amherst police. Various legal experts spoke on related topics. Robert Moriarty (Moriarty & Condon) presented a hypothetical case involving a long term marriage, unfaithful spouse, possible divorce, property, stocks, and pension plans. Other presenters used the hypothetical case to expand on specific areas of law involving consequences of marriage, divorce and death. Paul Birzon, adjunct professor of law and practicing attorney (Birzon, Zakia, Stapell, Olena & Davis) and Joyce Funda (Funda & Munley) discussed "Marital Property: Basic Concepts." Marital property is defined by the New York State Domestic Relations Law Section 2368 as "all property acquired by either or both spouse during the marriage." When couples divorce the property must be valued and divided, unless the parties have opted-out. (Opting-out allows parties to make their own contract and disregard the statute.) Some property is intangible, such as a professional license acquired during the course of marriage, or a pension plan that will not come due for decades (providing the pension holder lives that long). Although New York State has progressive property distribution, it is still difficult to valueproperty and to equitably distribute it. George Zimmerman (Albrecht, Maguire, dience was a chilling story of scars heaped upon scars, governmental abuse of power, best friends falsifying testimony against best friends, and governmental attempts to squelch the free expression of conscience through manipulation of the legal justice system. For many, the indelible mark left by the images that he drew was one of Constitutional defilement on a grand scale. Mahoney highlighted the point that the costs this government can exact from those who seek to exercise and preserve their Constitutional rights nearly succeeds in muting the real value of those rights. Not only did Mahoney describe a governmental ability to chill the future exercise of these inalienable rights, but he also described a perennial government capacity and tendency to achieve a kind of 'temporary injunction' against free speech merely by caviling bogus charges against those who exercise it. This in turn resulted in massive, complex litigation of the gravest sort, in which innocent persons become desperately embroiled in the struggle of a lifetime, fighting not only for the right to express opposing views, but fighting also to preserve their very freedom. And if this wasn't frightening enough, it was helpful to remember this much. All of this occurred without a single shot being fired, without a single amendment to theConstitution being passed, and supposedly, without a single law being broken or a single "right" being violated. Mahoney described government conduct that was all part of its notion of 'business as usual', and the present record indicates that there are no political mechanisms to discourage further abuse. Nor are there legal constructions to prevent it from happening again, wheneverthe next ideological zealot seizes the reigns of power in this country and happens to decide that the 'noble' ends justify the means, notwithstanding the Constitution. . from page 1 and Filomen M. Greenberg Center for Legal Education and Urban Policy at CCNY. He served as law clerk to the Honorable Constance B. Motley, U.S. District Judge, upon graduation from Yale Law School. CUNY Law School was established in 1983 to develop innovative approaches to legal education and to bring underrepresented groups into the legal profession. The particular concentration at CUNY is to train lawyers for public interest work. Burns taught at CUNY Law School from 1984-1987,and was named Dean in 1987. He was formally inaugurated in September, 1988. CUNY Law School's motto is "Law in the Service of Human Needs." from page I Heffern & Gregg, P.C.), Anne Evanko (Hurwitz & Fine, P.C.) and Gayle Eagan (Jaeckle, Fleischman & Mugel) led the second part of the program on "Business and Estate Planning." Among the issues touched upon were consequences of lifetime gifts of stock, gift tax exclusions, and methods of distributing pension benefits upon divorce. The speakers also discussed equitable distribution of stock upon divorce and the effect of buy-sell agreements (where a stockholder must first offer to sell stocks to shareholders before selling to outsiders). Another important issue addressed is the effect of bankruptcy upon property settlements, alimony, child support and maintenance is protected, therefore not dischargeable.) Kenneth Joyce, UB Law Professor and Director, New York State Law Review Commission concluded the symposium with the final session on "New York Compared to Alternate Systems." He discussed the Legislative Proposals for a Revised Uniform Probate Code and Uniform Marital Property Act. These proposals would help take care of inequities. Professor Joyce called divorce an "Island of Equity in a Sea ofTitle." The "sea of title" exists before the divorce; the "island of equity" comes about only after the divorce is granted. March 21, 1990 The Opinion 3 �Graduate Amy Tobol and Faculty Panel Discuss Public Service Two public service oriented discussions were presented on February 27, 1990. The first, sponsored by the Human Rights Center and the International Law Society was titled "Public Service As a Career: Internationaland National Opportunities" and featured U.B. Law School graduate and Assistant Director of Placement at N.Y.U. Law School, Amy Tobol. The second featured a panel discussion on the experiences of four Law School faculty members at a Critical Legal Studies (CLS) Conference in California. by Donna Crumlish, Editor-in-Chief and Mary Clare Kane, StaWirteStaff Writer AMY TOBOL Amy Tobol is a 1983 graduate of the Law School and returned to discuss her experience in public service since gradu- ation. Ms. Tobol stressed the importance of being active in student groups, and she shared her experience as a member of the National Lawyers Guild during herlaw school days. She emphasized how her association with a student group, the NLG in particular, has aided her in her search for employment since graduation. Tobol also emphasized the importance of "schmoozing." Schmoozing at symposiums, conferences and other social arenas helps one establish contacts and leads not only to professional relationships but jobs as well. She recommended that those in attendance brush up on the art and skill of schmoozing. Above all, Tobol said that one must perservere. As placement director at New York University, she is continually amazed at how early law students begin their job searches. Often students overlook their long term employment goals/ ideals in the hunt to land a job before graduation. "It is important to be true to yourself and your goals and not to accept the first job that you're offered" said Tobol. "Your first job is not your last job, nor is it your career per se." In her seven years since graduating from law school, Ms. Tobol claims to have had almost fourteen jobs. She related her experiences to days of unemployment, part-time jobs and scarce dollars, but claims her legal experiences since graduating have molded her into a better person and lawyer and led to her present career. PANEL DISCUSSION The panel discussion which followed featured faculty members Peter Pitegoff, Louis Swartz, Lucinda Finley and Errol Meidinger discussing their impressions of "The New Public Interest Law: Strategies for Revitalizing Legal Activism in the '90s" Conference at New College Law School in San Francisco. The Conference featured panels and workshops dealing with varying topics including labor law, legal services, sexuality, family law and community economic development. Ms. Finley had a positive overall impression from the conference, "The conference did a particularly good job of bringing in as speakers and educators of lawyers and law students, community activists and other members of the varying communities that public interest law is supposedly designed to serve." Along with the Community Development panel which Ms. Finley left to Mr. Pitegoff to discuss (Mr. Pitegoff headed up this panel), she also attended a labor law panel and a panel titled "Sex, Sexuality and Family Life." One of the principal speakers at the labor law panel was Kris Rondeau one of the principal organizers of the Harvard Union of Clerical and Technical Workers, AFSCME. Ms. Rondeau felt that labor unions need new concepts of organizing if the labor union is to survive. She criticized the traditional model of labor organizing as a "theory of the most oppressed worker" which appeals to the worker by organizing them against the employer rather than organizing around issues of "power, participation and democracy." Ms. Finley said that as she listened to Ms. Rondeau's presentation she realized that "the assumptions of labor law and labor lawyers are not actually responsive to the changing needs of thework force." The "Sex, Sexuality and Family Life" panel was about how gays and lesbians who are parents are challenging the traditional conceptions of family and family life. Lawyer Roberta Achtenberg of the National Center for Lesbian Rights was one of the panelists and she commented on the heap of challenges faced by lawyers representing gay and lesbian clients in custody disputes. On the one hand, as a political goal the sexuality of the client should be put up front but in trying to fit into the traditional legal framework you have to de-sexualizeyour client by portraying the client as the perfect parent. Professor Swartz was the second panelist to speak and provided a bit of humor to the discussion when he commented that the conference was his first Critical Legal Studies conference as he had previously "pursued an uncritical path and not used my mind at all for anything critical." Professor Swartz commented that he enjoyed hearing from the public interest practitioners at the conference as he had practiced at a Legal Aid Society in New York City and found it to be one of the most satisfying jobs he had held. The participation of these types of practitioners gave the conference a quite different feeling from that experienced in the more traditional academic conference. Professor Swartz commented on one of the introductory workshops in which New College faculty member K.C. Worden spelled out the "social destruction of knowledge" perspective which espouses that ways of thinking are developed as a result of social processes and students become a product of social conditions and historical events. A gentleman in the audience challenged Ms. Worden when he commented that Critical Legal Studies is not practical in legal services litigation. He said that "it's difficult enough to get judges to apply statutory cubby holes with which they disagree without telling them that it's all a mirage." After briefly discussing several other panel discussions which he attended and commenting that he found the conference "a very stimulating and replenishing gathering," Professor Swartz turned the discussion over to Professor Pitegoff. Mr. Pitegoff began by commenting that "there is a very conscious attempt on the part of a lot of people involved with CLS to build bridges with practical organizing efforts." This is reflected in the panel which he led, community economic development and he admitted that "I was hauled out at this conference as an example of 'a bridge." Mr. Pitegoff then went on to describe what he talked about in his panel. "I talked about some of the work that I do now in the clinical program as well as some of my past work, primarily with organizing worker owned business." He talked specifically about two examples of worker owned business: Cooperative Home Care Associates in the Bronx and Southside Steel of Pittsburgh. The Cooperative HomeCare Associates is a home health care company of about 175 workers most of whom are poor minority women. The workers own the business, elect the board of directors and share in the profits. The explicit goals of the creation of the Association were job creation, influencing health policy and empowering people. The Cooperative Home Care Associates managed to push up the average wage scale in the area and assist in stabilizing the work force. Southside Steel of Pittsburgh is a corporation in which the participants are trying to start up a steel making operation and reclaim the industrial base in Pittsburgh. The vision of Southside Steel is broad, hopefully someday encompassing a worker owned steel mill. The project, however is large and capital intensive and will probably be difficult to accomplish. These two examples were used to show how community economic development can be more than isolated events and to demonstrate the way that corporate and finance law can be restructured to benefit community organization efforts. Mr. Pitegoff said that the panel he was a part of was "representative of the flavor of the conference which was to look at concrete examples of happenings in the real world." Professor Meidinger felt the conference was symbolic of the new movement in Critical Legal Studies. Previously, Meidinger felt CLS was focused on challenging the dominance of the traditional theories ofthe law inside the law schools. Initially the attack was on legal scholarship and the tools of the attack were (continued on page 10) Bar Review Scholarship Announced The Buffalo Public Interest Law Program recently announced the recipients of the 1990 Public Interest Bar Review Scholarships. They are Martin Sanchez Rojas and Larry Wood. by Chris Thomas The bar review courses, donated by Kaplan-SMH, are designed to alleviate an aspect of the financial burden faced by students entering public interest law. They are also intended to reward outstanding public interest students for their dedication during their tenure at UB Law and beyond. Mr. Sanchez Rojas earned undergraduate and graduate degrees from SUNY Albany prior to enrolling at UB Law. While at the law school he has been an active participant in the Legal Assist- ance Program. In that capacity he has worked with immigrants and refugees seeking asylum in the United States as well as a variety of other immigration related issues. Summer employment has included theMexican-American Legal Defense and Education Fund in Washington, D.C. and the Volunteer Lawyers Project of Erie County. Mr. Wood earned his undergraduate degree from Connecticut College. His summer employment has included constitutional litigation experience with the Civil Liberties Union of Alabama and the Mental Health Law Project in Washington, D.C. Mr. Wood has accepted permanent employment with the Legal Assistance Foundation of Chicago. Sanchez Rojas and Woods were selected by five members of BPILP who comprised the Scholarship Committee. Faculty and Students Discuss JAG Situation A very important discussion on the issue of discrimination took place between law faculty members and concerned students Friday, March 2. Members of the National Lawyer's Guild and other groups requested a slot on the agenda at Friday's law school faculty meeting. They hoped to exchange ideas with the faculty on a proposed course of action in response to the Judge Advocate General Corp's surreptitious recruitment efforts of February 12. The controversy surrounding JAG has arisen from its stated policy of discrimination against lesbians and gay men. A scheduled appearance before the faculty by Lance Ringel, the Director of Cuomo's Office of Lesbian and Gay Concerns under the Division of Human Rights, failed to take place due to the faculty's crowded agenda. Ringel's office was created in order to enforce the governor's Executive Order 28.1 by Andrea Sammarco The list of recommended actions presented to the faculty for consideration included the endorsement of a resolution which requires the CDO to inform the student body of an employer's stated policy 4 The Opinion March 21, 1990 or history of discrimination. Also, the students requested the faculty to issue a statement "alleging that on February 12, 1990, the University of Buffalo acted in direct violation of Executive Order 28.1 by providing services to the JAG Corps," and a reaffirmation of "the faculty's efforts to include sexual orientation in the University's Anti-Discrimination Policy." A copy of the proposed resolution was handed out to each faculty member present. Approximately twenty faculty members were on hand to listen to a presentation made during the meeting by NLG members Mark Schlechter and Terry Mayo. Schlechter explained the need for the faculty to clarify its position in regards to the JAG issue, in light of the fact that certain students who feel discriminated against by the actions of the school on February 12 are contemplating the filing of a complaint with Ringel's office as a result. Schlechter indicated that Ringel's office "would be very receptive" to a complaint filed by students against the school, and that "no specific student was required" to file the complaint. However, Mayo said that "there is no indication from the governor's office" on how Cuomo would react to such an interpretation of his Executive Order. Terry Mayo, a first-year law student, spoke to the faculty as a representative of a portion of the gay and lesbian community at the law school, eloquently describing the "feelings of betrayal" generated in that segment by the actions of the administration of February 12. In support of the recommended actions, she at one point stated, "We're hurt, we're afraid, and we need your help." Faculty members were supportive of student efforts, but also revealed doubts about the chances of success by taking a hardline stance on the issue, especially if it would place them in opposition to Sample's office. Professor Jim Atleson brought up the point that "the Board of Trustees at the University of Wisconsin reversed the faculty on a similar question." Professor Marjorie Girth, upon learning of the administration's actions on the 12, said that she was "absolutely furious", stating, "I hope this is not the end of this. These complaints could be filed against all of us." Professor Lou Swartz spoke in favor of the student proposals, but expressed concern about the recommendation to require the CDO to place explicit warnings in its newsletters, stating that this might put the school in a position of compliance with JAG's discriminatory policies. He suggested that the requirement beamended by the additional statement that the law school only allows employers such as JAG on campus "under protest". Other faculty hoped to elicit a response from the SUNY Board of Trustees concerning the matter, as well as the American Association of Law Schools. TheAALS has recently amended its bylaws to require that member schools inform visiting recruiters that they are not allowed to discriminate on fthe basis of sexual orientation. The faculty ended the meeting by voting to endorse the modified CDO policy, to reaffirm its position on sexual orientation discrimination, and to revive the Faculty Anti-Discrimination Committee, in order to facilitate future cooperation on the issue between faculty and students. This committee, which was established last year, consisted of Ken Joyce as chairman, Elizabeth Mensch, Alan Freeman, and Lou Swartz. Freeman subsequently resigned in symbolic protest of the law school's inactivity, after Sample's rescinding of their faculty resolution. �Grading Policy Forum Doesn't Make The Grade The H/Q grading system doesn't seem to arouse much passion within the Law School. At least that was the message sent out by a poor turnout for the wellpublicized Grading Policy Forum held on March 1 in rm. 108. by Bruce Brown The Forum was more of a debate between two students, each arguing for al- ternative grading systems, and a less than enthusiastic Dean John Henry Schlegel who said "I'm not about to defend the system; it's the system." Explaining the contradiction between his apparent distaste for the Grading Forum and the fact that he bothered to attend. Dean Schlegel noted that a friend had chided him that it was foolish to even be at the event, his reply was "hey it's my job, this is what I get paid to do." Schlegel's lack of enthusiasm was matched by the 15 students that attended the event. Almost nobody seemed to support switching to either the traditional grading system, as proposed by 2L Gary Ketcham, or the pass fail system as proposed by 2L Mark Steiner. The thrust of Ketcham's argument for the traditional system was that the H/Q system confuses employers who are unable to translate our grades into "traditional values," reducing the ability of U.B. Law grads to compete for jobs. He further argues that the legend which accom- panics all transcripts "defines the Q as a C in no uncertain terms." Ketcham quotes this definition as "Q Qualified Professionally qualified work within the normal range of performance." This lack of respect for the Q, he continues, ironically "creates an 'all or nothing' skirmish for the 'all important' H grade"; instead of alleviating grade competition as was intended, the H/Q system "ratchets up competition." The result is an "elitist structure" with "an artificially large gap between the designated 'stellar performers' and the rest of the student body." Mark Steiner promoted the Pass/Fail system as a means to reduce pressure on students suffering under an H/Q system which places them in an unnecessarily — competitive environment. This would allow students the freedom to search out alternative learning environments and distinguish themselves and their work product. Dean Schlegel's contribution to the discussion was by the way of a short history, which noted that the grading system was the product of "flower children" days which produced a Faculty compromise between a Pass/Fail system and traditional grades. "Any system has some incentives and some disadvantages." Schlegel hinted that he believed one of our advantages is that substantially more students end up with H's than would end up with As. Jessup Moot Court Team Participates at University of Connecticut You would have been proud of us. We were great. Of course I'm talking about the performance of theBuffalo's Jessup Moot Court Team at the regional competition held at the University of Connecticut in Hartford on February 25 and 26. by Loretta Smith The four oralists on the Jessgp Team were William Bee, Denise Munson, Marybeth Scarcello and Loretta Smith. Nan Clingman was the advising fifth team member. Margaret Barton was our coach and facilitator. The Jessup competition is often referred to as the "other" moot court, but this year's Jessup Team agrees that Jessup is not an alternative to the Desmond competition but is actually the harder, more challenging (and dare I say more interesting) moot. And we speak with some experience as this past fall both Bill Bee and Marybeth Scarcello not only competed in the Desmond but were also placed on the Desmond Moot Court Board. Many folks think the Jessup provides better training for thinking quickly on one's feet because, unlike the Desmond, it is a national/international moot court and consequently there is greater com- petition between teams. Also, unlike the Desmond issue, which deals with a question of domestic law, the Jessup issue deals with a "hot" topic in international law. The Jessup team members are required to take the course Introduction to International Law as a co-requisite of being on the team. In addition, the Jessup team is structured a little differently from those of other competitions because of the nature of the Jessup problem. Jessup problems generally have two main issues and each team member is expected to argue only one side of the issue. Thus, there is no arguing "off brief" in the Jessup competition and each of the four team members becomes an expert on one issue for one party. This year the Jessup problem concerned an issue of international environmental law, focusing on the use of Antartica as a potential dumping grounds for hazardous waste. The fundamental questions were whether a state that dumped hazardous waste into the waters off at small area in Antarticacould be held liable for the extinction of a starfish species uniquely adapted to that area and what remedies, if any, were appropriate. The issue was made murky because the pol- . lem has made all four of us intrepid explorers into the dread terra incognita of the uncatalogued areas of the 6th floor of the law library. The competition at Hartford was attended by eight teams representing the New England region, which included Syracuse, Albany, Seton Hall, Boston College, Boston University and Western New England. Our applicants, Marybeth and Denise mooted against Western New England and Syracuse and our respondents, Bill and Loretta, mooted against Seton Hall and Albany. And as a team we won 2 of our 4 moots. We consistently displayed at the podium poise and strong and polished debating skills. Plus, true to the Buffalo style of doing things, we were neither cutthroat with the teams we mooted against nor with each other. All in all, being on this year's Jessup team was for me one of the most enlightening experiences in law school. I've learned the most valued lesson of how to cooperate with others on a difficult project to produce a solid work product and to submerge my natural tendency for oneup-personship and had a fabulous time doing it. Desmond Moot Court Board Sponsors Mugel Tax Competition Hodgson & luting state was not signatory to any treaties that could be construed to establish strict liability for polluting in Antartica. Further, the polluting state was not clearly negligent in dumping the waste into the sea. As applicants (petitioners), Marybeth and Denise argued that a state is strictly liable for all acts of destruction to the environment for such dumping regardless of its being signatory to treaties. Appropriate remedies included the establishment of a trust fund to preserve the pristine Antarctic environment into which the polluting state had to pay. As respondents, Bill and I argued that strict liability should not apply to pollution events in Antartica and that a balance of interest approach was the more equitable way for apportioning damages among all states interested in providing pollution in Antartica. Even more so than in previous years, the problem this year was complicated by an intricate spider web of primary and secondary issues. It required us to do a lot of research into areas of the law that we had never encountered before and to co-write legal briefs that wove complex arguments into a cohesive whole. And if nothing else, working ontheJessupprob- Theannual Mugel Tax Competition was held from February 21 to 24 and sponsored by the Desmond Moot Court Boad. It was the seventeenth such event since its founding by Professor Al Mugel in 1973. The Mugel is one of thefew competitions in Tax litigation in America. As a national competition the participating schools come from as far away as Kentucky and Michigan. Fourteen teams representing ten schools attended, including the one Buffalo Law School team, myself and my team-mate John McGuire as re- Russ Andrews Woods Goodyear spondents. ATTORNEYS AT LAW by Dennis Fordham TO THE CLASS OF 1992 You are cordially invited to a cocktail reception to learn more about the practice of law in Buffalo. Join us from 4:00 6:00 p.m. on Thursday, March 29th atthe Buffalo Marriott Hotel. - The program will consist of a short presentation followed by hors d'oeuvres and cocktails. Should you have any questions, please call Nancy Irwin at 856-4000. R.S.V.P. c/o Career Development Office, Room 309 by Friday, March 23. As the one large event which the associate Desmond board members participate in as members of the host school's task committees, associate members have their one opportunity to gain experience in handling a large event prior to the even larger Desmond annual competition. This year Leah Ranke, Assistant Director of the Moot Court, said there was a "strong dedication" by the associate members. The event itself consisted of two preliminary rounds on February 21 and 22 in which each team was on brief the first night and off brief the second. The oral scores for these two nights counted 60% towards determining the four semifinalist teams to compete the next night on Friday, February 23. And on Saturday, February 24 the final round between John Marshal School of Law and University of Detroit School of Law was held, with Detroit emerging as victor. Later on Saturday, February 24, the Mugel banquet was held in the Hilton on the waterfront. The banquet started at 7:00 p.m. with cocktails, and continued with dinner at 8:00 p.m., awards presentation at 9:00 p.m. and dancing at 10:00 p.m. As one who attended the banquet I can say that the dinner plate was both good and filling, and although people were not at first keen on dancing, people did generally have a good time. The problem this year written by Professor Joyce, which should be familiar to all students who have taken Federal Tax I, was the debt-discharge income problem from the Zarin N.J. tax case. For those not acquainted with the facts, they are as follows: In 1978 through 1979 Mr. Zarin, a professional engineer, in spite of an unworthy credit rating, was given a line of credit up to $200,000 by Casino Resorts and proceeded to rake-up gambling losses that amounted to in excess of $2,000,000 by the end of 1979. Unbelievable as this is, Mr. Zarin was able to pay the full sum of his losses. Zarin, did not, however, learn his lesson. Instead he persisted to be a compulsive gambler spending 14 hours a day, seven days a week, and betting up to $15,000 on the throw of the dice Mr. Zarin's gambling addiction was limited to craps. Casino Resorts had at this time received some 800 violations of the N.J. Casino Act warnings, some 100 alone attributable to Mr. Zarin, but continued to give Mr. Zarin credit because of his ability to draw large crowds and encourage higher wagers. In fact Mr. Zarin was treated as a king with suite and meals complementary on the house. The fun came to an end at the end of 1980 by which time Mr. Zarin had accumuated some $3,345,000 in fresh gambling losses. This time however Mr. Zarin could not pay the full amount, and instead in 1981, in an out-of-court settlement with Casino Resorts, Mr. Zarin settled the debt for $500,000. The two issues were: first, did Mr. Zarin receive income in 1980when Casino Resorts allowed him up to $3,435,000 of a line of credit, and second, did Zarin receive debt-discharge income in 1981 when he discharged his dept of $3,435,000 for $500,000? — March 21, 1990 The Opinion 5 �THE OPINION MAILBOX Dean Filvaroff Encourages Participation In "Work A Day In The Public Interest" Program STATE UNIVERSITY OF NKW YORK ATHI JKFAI.I > S( HIKM. OF LAW March 21, 1990 Volume 30, No. 11 EDITORIAL BOARD: Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Photography Editor: Donna Crumlish Andrew Culbertson Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Work a Day in the Public Interest Well Worth the Effort This year The Buffalo Public Interest Law Program (BPILP) is sponsoring its third annual "Work A Day In The Public Interest" pledge drive. The object of the fund drive is simple: to generate donations to help fund student internships with public interest employers. Rather than asking generally for donations, the organization is asking us to pledge an amount equal to one day's salary and offers the incentive of a free T-shirt for a $30.00 down payment. The Work A Day fund drive has been a success the past two years and it is up to us to make it a success this year. The idea of asking for a contribution equivalent to one day's salary is both innovative and effective. We can ingratiate ourselves by convincing ourselves that we have paid pur debt to society and at the same time do not have to give up a lifetime to do it, only one day. Of course, contributions do not have to be equal to one days salary, they can be more or less and it is doubtful that BPILP will turn any amount of money down. As students and faculty we should do our best to support this worthwhile cause. Let's see lots of work a day T-shirts roaming the halls the week of April 2nd!! Health and Human Services Secretary Takes the Offensive in War on Tobacco Three cheers for Health and Human Services secretary Dr. Louis Sullivan. At last, a public official has taken a visible and vocal stance against the cigarette companies that have held Washington D.C. in their pockets for years. During the past two months Sullivan has spoken out against tobacco company sponsorship of sporting events. He has urged athletes to reject tobacco-industry support as "blood-money" and to refrain from participating in any event sponsored by a tobacco company. This is a tall order for many athletes as tobacco companies are a dominantforce at many sporting events (most notably tennis and race car driving). Sullivan also recently denounced R.J. Reynolds Tobacco Co. and its plans to market a cigarette ("Uptown") aimed at African-Americans. Sullivan's protests, along with protests from civil rights groups, forced Reynolds to cancel plans for the new cigarette. Reynolds, however, won't roll over and die (unlike those who smoke their cigarettes) and has plans to market a new cigarette ("Dakota") aimed at 18-24 year old white, uneducated, working class women. The aim of Dakota is to attract the "tough girls" that are usually the consumers of Marlboro's, manufactured by Phillip Morris and one of Reynold's toughest competitors. Sullivan, has a tough fight ahead of him but will no doubt be a powerful force in the attempt to put the powerful tobacco lobby out of commission. Staff Christina A. Agola, Ted Baecher, Nathaniel Charney, Len B. Cooper, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Maria Schmitt, Sandra Williams Contributors: Jerri B. Gordon, Amy Rosen, Andrea Sammarco, Chris Thomas ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without academic year. the express consent of the Editors. The Opinion is published every two weeks during the Law, SUNYAB It is the student newspaper of the State University of New York at Buffalo School of Amherst Campus, Buffalo, New York 14260. The views expressed in thispaper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy ofThe Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. libelous content. The Opinion welcomes letters to the editor but reserves the right to edit for length and Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. The deadline for the next issue of The Opinion is Monday, March 26th at 5:00. Please put all submissions in boxes 59 or 60. SBA candidate statements are also due at this time. 6 The Opinion March 21, 1990 Dear U.B. Law Students, Faculty, and Administration: As the only state law school in New York, we have a special responsibility to support and stimulate work in the public interest. I am especially pleased to tell you about the student initiated public interest program, now in its third year. The BPILP sponsored "Work a Day in the Public Interest" pledge drive funds UB law students in summer public interest jobs. Last spring over $10,000 was raised during the pledge drive, thus creating this summer's internships at Western New York legal services organizations, which provide services to disadvantaged and underrepresented groups. Last summer the organizations included Legal Services for the Elderly, Farmworkers Legal Services, Volunteer Lawyers Project and Neighborhood Legal Services. Because of the strong support received in the past, BPILP is considering an expansion of its program for the summer of 1991 to include internships both locally and nationally. Your generosity can help achieve a significant increase in the number of UB law students working in the public interest. It is a happy supplement to our own law school funded fellowship program, which is also in its third year of existence. BPILP's internships are funded by UB law students aggregating a day's worth of their expected annual or summer income. Faculty will also be asked to make a similar contribution. We know from the experiences of schools like Michigan, UCLA and Yale, which are among the dozens of schools which conduct similar drives, contributions can easily add up to $40,000. This year UB has a goal of $20,000. The concept of devoting a day's worth of your income to fund public interest in- ternships seems manageable and helps put the commitment you are being asked to make in perspective. I hope you will find satisfaction both in increasing the public interest effort in law, and in helping some of your friends and colleagues to work in the public interest over the summer. As I join in making a personal commitment to support the "Work a Day in the Public Interest" pledge drive, I want to thank the UB law students who have demonstrated special creativity, commitment, and enthusiasm in their leadership. They hope that each of us will have the satisfaction of helping a program that will become a natural part of the lives and commitments of members of the UB law community for many years. Sincerely, David B. Filvaroff Dean Law Review Selection: Grades & Writing Ability To The Editor: I am writing in response to Gary Ketchum's article "Getting on Law Review", published in the February 28 edition of The Opinion. I don't know what I expected when I began to read Gary's article, but I was surprised to find that his offer of "a correct understanding of the criteria relied upon in the selection process" for law review was nothing more than another statement of rumors about the grades received in the different sections. Gary contends that getting on law review is based on grades and not writing ability. His main support is "numerous instructors" in §3 gave Q* grades while few instructors in other sections gave the Q* grade. Since the Law Review considers Q* grades, this means that a section that gets more Q* grades has an unfair advantage. Gary, why don't you look at the grade figures? (As published by The Opinion.) Q* Q H D 153 51 481 19 187 89 451 9 53 181 56 473 24 The figures just don't support your contention about the Q* grades. §1 does show about 15% less H grades than the other section and this might have some effect on the outcome. But these grade figures do not explain why §3 had twentytwo people selected as opposed to the §1 §2 seven people selected from §2. Maybe the casenote is an important part of the selection process for Law Review? Maybe there is some connection between writing ability, grades and the ability to write a good casenote? I think there is. When I recommend grades in my research and writing class, writing ability and grades are directly related. When professors grade exams, I assume writing ability must count because writing ability and substantive understanding are not easily separable. Substance cannot be adequately expressed unless a person writes, and a person cannot write well unless she/ he understands the substance. Additionally, people's ability to write doesn't improve when they are given more time to complete a given assignment. Many times the result is more words and less substance. The selection process for law review must be based both on grades and writing ability. It is a fair way to judge both past and present performance. No system of selection would be perfect for everyone. Especially since the rewards of Law Review are great, there will always be a tense atmosphere surrounding the selection process. Some people will get accepted and others will not. But there is no reason to suspect that people on law review would want to select students from a particular section or students not qualified to edit their journal. Jonathan Johnson Disillusioned Student Becries Racism in the Classroom To The Editor: As an incoming freshman at the University of Buffalo School of Law, I thought that I would finally be exposed to an exciting intellectual educational arena where the racial innuendoes would be behind me (not too far though). Instead I often find myself in the middle of bewildering ignorance and immaturity within my own classes. In the beginning of my first semester, it was difficultto tell which students were more liberal and open-minded and which students were more conservative. Depending on the let's topic of discussion in a class like say Constitutional Law, someone who was very observant and listened very closely, could tell which side of the fence students fell on. I chose Constitutional Law as an exam- ... ... pie because unlike classes such as Contracts and Civil Procedure, we were more apt to read and discuss cases that dealt with discrimination, segregation and racism. This semester has been more interesting. There have been a number of days when I would sit in class and something would distract me. The "something" that distracted me quickly became someone. What I witnessed was quite disturbing. I noticed that whenever a non-white student had a question or made a comment during the discussion, a certain group of boys and occasionally a girl would giggle, whisper amongst themselves and sigh in utter boredom if they felt that the student really had nothing importantto contribute to the conversation. (continued on page 11) �Entertainment Industry Continues to Put Us Through Sequel Hell In the glitter and glitz of what is known as "Tinsel Town," one needn't look very far to find artists at work. Movies, sitcoms, talk shows. Indeed, Hollywood is filled with actresses, actors, directors, musicians and comedians. You wouid think, with all of the talent and money that is available, that we would be treated to an onslaught of creative and imaginative films, original television, and fresh comedy routines. Unfortunately, there seems, at least in Hollywood's case, to be no direct correlation between good work and talent. by Andrew Culbertson Managing Editor Clearly, Hollywood produces its fair share of "good" movies each year. However, for every Cuckoo's Nest, Deer Hunter, or Godfather, there are at least ten Rambos, Jasons and Police Academys. Once upon a time, when a movie did well at the box office, you could almost bet that there would be, at some time or another, a sequel. Oddly enough, the "do well at the box office" pre-requisite has been greatly liberalized. In other words, movies that do mediocre and even poorly are now giving birth to sequels. To be fair, there have been instances where sequels actually rivalled their pre- decessors. Any of the Star Wars or Indiana Jones follow-ups are testimony to that. But, and it's a big but, at least 80% of all sequels are garbage, at least when directly compared to their predecessor. While this percentage may seem a bit high, remember that there have been six Police Academys, seven Friday the Thirteenths, and five Nightmare on Elmstreets. These Police Academy movies have crashed and burned so many times that I'm surprised Bubba Smith still shows his face in public. The real crime here, however, isn't the fact that we are subjected to the likes of Halloween X. It's the fact that with all the so-called artistic talent available, boring, unoriginal sequels are beginning to rival, if not outnumber, regular films. They say that imitation is the highest form of flattery. I say that imitation is the quickest way to make a buck without working at it. Movies, perhaps not unsurprisingly, are not the only entities guilty of unoriginality. Cable, as well as prime time television, has proven that it is just as capable as the film industry when it comes to rehashing old ideas. I was amazed, upon the hookup of cable to my televsion set at the number of old sitcoms that have been resurrected. It was like being in television hell. The Beaver was back, along with Gidget, Lassie, the Munsters, and Father Knows Best (Robert Young returned as affable Jim Anderson for a seven-hour Father's Day special). While Gidget and the new Munsters have different casts (after all, Sally Field and Fred Gwynne have moved on to bigger and better things), the new Leave it to Beaver, and Father Knows Best have, more or less, brought back the original actors and actresses. Although I couldn't bear to actually watch one of these shows for more than five minutes, I did see enough to tell you how pathetic it is to see the same dumb characters with the same dumb personalities doing the same dumb things for laughs. You think that three decades might change a person. Alas, not in the world of sitcom resurrection. Eddie Haskell was obnoxious, mean and interminably juvenile as a kid. The grownupversion is no better. Likewise, Kathy, Bud and "Princess" have all grown up, but when push comes to shove, they still turn to dad for advice. I must confess that I did watch a considerable portion of the The Bradys, which recently aired on prime time television (will wonders never cease?). Although the original was no bargain, the resurrection in this case was tantamount to the son's return in The Monkey's Paw. Socrates, unfortunately, never posed the question. "What could be worse than Marcia getting hit on the nose with a football?" If he had, the answer might have been Bobby confined to a wheelchair, Jan unable to get pregnant, and Marcia, the swelling gone down, now unable to drive the kids around because of her drinking problem. Believe it or not, this is what actually happened over the course of several episodes. The only thing that actually is believable about this show is that it was quickly cancelled. Since the production of more of these rehashes, as well as some awful movie sequels, seems inevitable, I would offer some sage advice to the producers. First, if you can't bring the original actor or actress back, just kill off the character. I mean, if I have to watch Marcia Brady, I at least want the original one. Second, don't try and make the showany different than what it was. While this may seem contradictory of what I said earlier, my rationale is that as bad as the old show or movie might have been, a change can only make it worse. The producers of The Bradys are probably sorry that they tried to make the show serious, instead of sticking with the original fluff. What's next, Danny Partridge grown up and doing Shakepeare? If it has to be bad, at least make it believable. GROUND ZERO The Trouble with Child-Snatching, Satan-Worshipping, Commie Gays DOCTORS CURE GAYS WITH CATTLE PRODS! Hmmm. That was the headline screaming off the front of one of those tabloid rags you see at the checkout counter, which is where I happened to be the other day when I read about the above medical miracle. Imagine my relief. After 26 years of worrying if I, too, would be stricken with the fiendish disease of homosexuality, science at last discovered a cure! by Michael D. Gurwitz Features Editor JEWS STOP HOARDING MONEY! BLACKS TURN FROM CRIME TO WORK! WOMEN ADMIT THEY LIKE RAPE! If this kind of crapola showed up on the front pages of supermarket tabloids, the next headline in the New York Times would read: MILLIONS BURN DOWN OFFICES OF SUPERMARKET TABLOIDS! In our slowly evolving, slowly civilizing society, it is no longer considered socially acceptable to blatantly slander Jews, Blacks, Women, and other so-called minorities, with one glaring exception: homosexuals. How else can one explain the above headline greeting millions of shoppers in this country? "Oh look, dear, they've finally figured out a cure for queers. Thank God, now maybe that awful Aids virus will go away." Yeah, I know, nobody with a grain of intelligence respects newspapers that Student Speaks Out Against Proposed Faculty Grading Sanctions In recent weeks, since final exams, there have been grumblings of discontent about thelack of expediency in which professors post grades. I am as impatient as the next, but in this instance, I think it might be relevant to consider something Shakespeare said: "He's in his fit and does not talk after the wisest." The present petition that anticipates inflicting sanctions against professors is probably not after the wisest. by Jerri B. Gordon It is well to remember that grading is entirely subjective and what's more, it is entirely one sided: the professor's. If, however, there are some unconvinced idealists who retain a naivety due to the belief that one's success on exams is dependent upon, or is the result of, personal efforts,, knowledge, or eloquence, brace yourself to experience the reverse. The testing segment is unchangeable in the sense that students will always be disconnected from the power professors have in grading. Is it wise to put them in a bad humour about this? Sanctions would not improve our marks, but there is a very strong likelihood they could make them a great deal worse. After all, professors are mostly human and one could assume that vengence is not a foreign concept to them. The Rabbi said, "He who is without sin, cast the first stone." I know of many more students who are tardy turning in papers due professors, than there are laggard exam professors posting grades. Whether we as individuals owe a late paper or not, we are still part of that assemblage called 'student body' and there's no getting around the fact that many of this group do owe papers for extended periods of time. If sanctions are brought against the professors because of this petition, the suffering will far outweigh any perceived gain. Furthermore, I doubtthat many professors find the written word of their students exhilarating or by any means unique. Even I was surprised by the obtuseness I manifested in answering exams, and from my marks, I'd say my reasonings had a similar impact on those reading them. If each student in any first year section wrote only one blue book for every exam question, the professors would have to read a minimum of 2,000 pages, and I'm not talking about words of brilliance from Holmes or Cardozo, I'm talking about first year students who are often so nervous they can scarcely read the question, much less answer it in an articulate manner. The woman sitting in front of me used 11 blue books for one exam. I watched in sinking horror as she went time and time again for additional blue books. (She probably got an H. I assuredly did not, but at least my writing hand was well rested.) Having to wait a long time for anything does impress one as unfair, unfriendly and more than a dedicated person should have to bear. There was a time when I would have agreed with the gentle souls of the petition, but progressing age has allowed me to see down some roads and to recognize that every act has its price. Though sanctions against professors might shorten our wait, they would surely extend our misery. It does, after all, seem a petty point compared to the other important issues relating to law school. regularly report on Elvis sightings and the three-headed babies. But homophobic poison spread by a highly visible headline like "Doctors cure gays with cattle prods!" is not limited to the publishers of supermarket tabloids. It is dispensed quite willingly by this country's executive, legislative, and judicial branches, endorsed by its mighty armed forces and intelligence agencies, praised by organized religion, and enforced by the police, petty bureaucrats (including University presidents), corporate parasites, and other holders of social power. Television, film, and radio all take turns at gaybashing (though to its credit, television tries to avoid limp-wristed stereotypes though to its debit, television still doesn't have the courage to depict happy and healthy gay couples). Many people have tried to answer the question of why red-blooded, steak-eating, patriotic-type Americans cannot tolerate homosexuality. I don'tknow the answer but religious intolerance, men's uncertainty about their own sexuality, and the need to scapegoat are certainly prime suspects. It is tempting to say that only the religiously fanatical or ignorant indulge in homophobia, but alas, that is not true. GeorgeBush and William Rehnquist may be many things (multi-legged and slimey), but they are neither stupid nor ill-educated. Neither, for that matter, are students in this law school. A cartoon on the back page of the February, 1900 edition of The Federalist Papers, published by the Buffalo Federalist Society, depicts a Critical Legal Studies Don Quixote mounted on his trusty steed, communism. Listed among this commie scum's foolish concerns is, what else, homophobia. Okay, folks, so what do we have here? Red-baiting of CLS, to start with. But worse yet is the insinuation that homophobia is both a quixotic concern and an Enemy/Them concern. In other words, all level-headed loyal Americans need not care that gays and lesbians are subject to daily harassment, institutional discrimination, and violent attacks. It's a despicable cartoon. Equally despicable is the JAG's secret recruiting visit here last month. For those of you who still don't know, the Judge Advocate General's Corp (JAG which rhymes with SLAG but don't apply if you're a FAG) will not hire law students who are gay because gays might be subject to blackmail which will threaten or even destroy national security and then we'll all be eating borscht, or some other such nonsense. Yes, I know, there are those who do not want to be denied the opportunity to apply to JAG simply be- — — cause JAG's hiring policies are frowned upon by a number of your fellow classmates. But the point is that law school funds, paid for by law school students, including gay ones, were used to bring JAG to UB even though JAG Won't hire the very students who paid for their opportunity to recruit on campus. Straight students might be able to apply, but their fellow gay students cannot. It's like going back 25 years: "Well, it's too bad black students can't apply, but why should that stop me?" The answer is common human decency. Homophobia is a disease whose demise is long overdue. Keep your religion and your morality and your sexual hangups to yourself! Straights need to join hands with gays and demonstrateforfederal and state laws banning discrimination on the basis of sexual orientation, just as whites joined with blacks in the civil rights days. The situation now is intolerable. If we, especially students, work in solidarity with the last great oppressed group of human beings in this country, then we can finally banish those damned sodomy laws and regressive discriminatory practices and give gay men and women the freedom and equality which they deserve. Hopefully, one day we'll be standing on line in the supermarket and see a headline which reads: DOCTORS CURE HOMOPHOBES WITH CATTLE PRODS! IMPORTANT DATES TO REMEMBER... 1990-1991 Executive Board Elections All first or second year students interested in running for a position on the 1990-1991 SBA Executive Board must submit signed petitions by Friday, March 30 at noon in the SBA office. Petitions may be picked up at any time. Elections will be held Wednesday and Thursday, April 4 and 5. An Executive Board Forum will be held on Thursday, March 29 in which the candidates will debate and discuss their platforms to the public. Candidate statements that are to appear in The Opinion are due Monday, March 26 in boxes 59 or 60. March 21, 1990 The Opinion 7 �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FOR GRADUATESTUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. As long as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard* M& AnAmancan Eipra&scompany © 1989 American Express Travel Related Services Company, Inc. 8 The Opinion March 21, 1990 1-800-648-4420 �The Student Faculty Initiated Internship: An Inside Look Any and all first and second year students who are interested in working in the area of public interest law this summer may be eligible to receive a Student Faculty Initiated Internship (SFII) award from the Buffalo Public Interest Law Program. The award will fund a summer 1990 experience for the students who are chosen by the participating agencies. by Mary Clare Kane Staff Writer BPILP invites certain agencies, such as Legal Services Corporations, to submit their 1990 internship proposals. The membership of BPILP selects agencies for participation in the 1990 SFII program. Then BPILP, along with the Career Development Office, collects resumes from interested students. "How do I apply?" First and foremost one must decide that s/he is interested in a public interest legal experience. Second, one must submit her resume et al to BPLIP and CDO designating which participating agencies s/he desires an interview. The resumes are then forwarded from BPLIP to the various agencies i.e. Neighborhood Legal Services (NLS), Volunteer Lawyer's Project (VLP), Legal Services for the Elderly (LSE), Farmworker's Legal Services (FLS) and other qualifying agencies. The agency then chooses those applicants it desires to interview. The applicants are interviewed, and the LSC agency decides to whom they will offer an internship. The student who accepts the prospective internship offer is then awarded the SFII award. Application material (resume, transcript and cover letters) will be due at the BPILP office, room 509 O'Brian Hall shortly after March 18, 1990. The exact deadline will be announced and posted in the mailroom. "Minority students and women are especially encouraged to apply for the SFII's" said Kathleen Welch (2L) and Graduate Assistant for Public Interest Law. Such a remark is in reference to the fact that in the past SFII awards have gone to a predominantly white male student body. "Although BPILP's past record may seem to reflect some disparity, it must be noted thatthe agencies interviewedthose students who submitted the requisite materials and interviewed for the internships. Such disparity can only be corrected in the first stage of the application process which is the original submission of application material to BPILP and CDO. We then simply review the material and immediately forward it to the participating agencies. BPILP does not participate in the actual selection process other than in selecting which agencies are eligible for participation, encouraging law students to apply and then of course, by funding the summer internships," said Welch. Former SFII recipients have recounted their summer experience as interns for the readership of The Opinion. What follows are excerpts from their personal accounts of the summer of 1989. BARRIE D. MCFADDEN (3L) VOLUNTEER LAWYER'S PROJECT, INC. VLP is a not-for-profit corporation and (it) assists indigent persons in finding pro bono legal help for cases involving civil Grade Chart Fall 1990 Instructor Atleson Avery Avery Berger Berger Binder Binder Birzon Blum Blum Buckley Cameron Carr Delcotto Delcotto Engel Engel Ewing Ewing Freeman Freeman Girth Girth Halpern Hager Headrick Hezel Hurwitz Hyman Hyman Joyce Kannar Kaplan Kenyatta* Kenyatta Konefsky Konefsky Leary Lindgren Mensch Mugel Munger Murphy Newhouse Olsen Phillips Pitegoff Pitegoff Reis Reis Rimar Scales-Trent Course Participation & Control in theWorkplace Employment Relationships Family Trans. Civil Proc. (sec. 1) Research and Writing (sec. 1) Democracy Internat'l Law Evidence Civil Proc. (sec. 3) Research and Writing (sec. 3) Comm. Paper ComparativeConst. Jurisprudence Crim.Proc.l Corporate Tax Federal Tax 1 Legal and Social Perspectives of Disability Torts (sec. 1) Criminal Law (sec. 1) Psych, and Crim. Law Anti-Trust ConLaw(sec.2) Debtors & Creditors GenderBased Discrimination Criminal Law (sec.2) Education Clinic CorporateTrans. Low Income Housing Clinic InsuranceLaw Adv. Legal Writing Legal Methods Federal Tax Ethics, Law and Politics Planning Law in Practice Civil Rights and Con. History Constituting Democracy Contracts (sec. 1) Law andAmer Labor History Internat'l Legal Systems I Remedies Contracts (sec. 2) Future Interests Municipal Law Lawyering Skills School Law Research and Writing (sec.2) Securities Reg. Comm. Econ.Dev. Clinic Worker OwnerTransactions Problems in Env. Quality Property 2 Asylum Clinic ConLaw2 Corporations Jud. Clerkship Immigration Clinic Immigration Law Criminal Law Trial Technique Schlegel Schlegel Seipp Seipp Singleton Staff Sullivan NewYorkPrac. Family Law Swartz Szczygiel Administrative Law Federal Tax Thuronyi Non-ProfitOrgs. Thuronyi Counseling Small Business Zimmerman Small Business Clinic Zimmerman **The deadline for posting grades was 2/15/90 I Date Posted** 2/2/90 1/11/90 2/12/90 1/19/90 1/16/90 2/26/90 2/5/90 1/23/90 2/9/90 2/14/90 1/16/90 1/18/90 2/16/90 1/2/90 1/2/90 1/29/90 1/11/90 2/15/90 2/12/90 1/19/90 1/11/90 1/16/90 2/8/90 1/22/90 1/3/90 2/20/90 2/5/90 3/6/90 2/20/90 1/19/90 2/26/90 2/26/90 1/30/90 2/27/90 2/27/90 1/11/90 1/23/90 2/15/90 1/30/90 1/11/90 1/12/90 2/5/90 1/18/90 1/9/90 1/31/90 3/7/90 1/5/90 2/9/90 3/9/90 2/9/90 1/25/90 1/23/90 1/11/90 2/22/90 1/30/90 1/12/90 1/14/90 1/12/90 2/14/90 2/16/90 1/17/90 1/2/90 2/14/90 1/5/90 1/5/90 H* 2 1 5 1 1 6 1 1 1 4 1 < 1 2 H 8 15 9 14 35 2 21 17 23 38 21 1 33 15 16 6 13 10 7 26 15 29 2 20 4 21 3 18 4 6 20 5 4 20 5 13 5 10 6 14 10 15 13 12 30 12 3 7 22 32 4 6 35 4 13 23 34 4 17 13 10 21 12 6 Q* 2 8 3 8 18 2 8 12 9 4 6 15 16 2 1 2 19 26 Q 1 11 3 63 44 2 30 70 59 21 54 3 99 21 56 D F 4 1 55 57 9 17 71 41 5 5 3 19 3 45 3 22 5 49 9 26 49 1 18 3 63 5 8 5 72 19 21 18 39 13 6 6 6 44 1 9 85 24 77 23 47 44 2 36 12 13 1 6 1 14 8 5 7 4 3 all really nice people. As a result, the office was relaxed and easy going. Everyone seemed to recognize thevalue of the work that VLP does. Initial contact with prospective clients is done by phone. The secretary gets a brief description of the client's legal problem, and I would call the prospective client back. Upon making contact with the prospective client I would conduct another screening. Eligibility for VLP services is based on income, a client must be poor, and case type priority. A client is automatically income eligible if they fall within 115% of the poverty line. Basically, for an individual their gross income must be about $141 or less per week VLP does not handle any criminal cases and only handles a limited range of civil matters. For example, VLP will not provide legal assistance to people who want to sue someone else, but will provide assistance to those who are being sued. The former is potentially fee generating and thus the person could probably get a private attorney to handle the case. The latter represents an area where a defendant in an action is not going to recover money but is faced with having money taken from them. Poor people do not normally have the resources to hire an attorney to defend them in such a case. Some of the areas that VLP provides legal assistance are: divorces, bankruptcies, wills for the terminally ill, representation at Unemployment Compensation hearings, landlord/tenant problems, tort defense, foreclosures, small estates, dept collections and more. Often, I would know that we (VLP) couldn't help a person and in such cases a person is referred to the appropriate agencies (such as Neighborhood Legal Services, Legal Aid or the Erie County Bar Association's Lawyer Referral Services). Once secure in the knowledge that VLP might be able to assist someone, I would (continued on page II) 3 6 THE PASSWORD: 1 6 *20 Grades are missing from this class list The following grades were not posted as of 3/12/20: Law, Science and Medicine Albert Blum International Law and Order and Epidemiology Law Boyer Natural Resources Boyer Feminist Theory andThe Law Finley Torts (sec. 3) Finley New York Practice Gresens Punishment and Responsibility Haplern disputes. The VLP staff and volunteers are 415 Sercnth Krtnmt, Sette 62 New York. New Yotk 10001 (212) 594-3696 (201) 625-JJ63 NOTICE TO ALL STUDENT ORGANIZATIONS Leary Law and National Security Canadian Health Care Meidinger Newhouse Olsen Property (sec. 3) Comparative State Constitutional Law Civil Proc. (sec. 2) Olsen Criminal Appellate Delay GovernmentSponsored Religion Kannar Phillips All student group budget proposals are dueWednesday, March 21 at 5:00 p.m. Please submit the budget proposals to the SBA office or to mailbox #692. Failuretosubmityour proposal will bar your organization from receiving any funding forthe 1990-1991 fiscal year. March 21, 1990 The Opinion 9 �Hal Holbrook A t Shea's As Mark Twain It was my first visit to Shea's Theater, and that experience, too, was awesome. Its sumptuous, rustic ambience with its rich regal colors, soft lighting and ornately carved landscape was a majestic sensual adventure, if ever those terms applied. We had top-dollar seats in the mid-center balcony (that was an accident), and from the start, we were swept up in the aura of the event and the stately spirit of the theater, as Hal Holbrook brought Mark Twain to Shea's in Buffalo March 3. by Gary B. Ketcham Staff Writer Hal Holbrook has received several Emmy Awards for his television performances (The Senator; That Certain Summer), but says that's just "a way of making a living" (Violanti, A., Buffalo News, 3/2/ 90, B-7, Col. 2). Of his Mark Twain performances Holbrook says, "But there are a few things I've done that have stature. That's when it excites you" (Id at B-7). Holbrook extemporaneously selects from a vast collection of Twain commentaries and anecdotes in his two hour performances, as he merges completely with the Twain character, in a show that originated on Broadway as "Mark Twain Tonight!" That show represents thethird of his Emmy Awards. Holbrook has been performing his one-man show as Mark Twain since 1954. He last performed at Shea's in 1984. Public Service .. Meidinger observed that the doctrinal tools seemed to "hit the end of the road" in the early 1980s. Today the current position of CLS seems to be that "we have to get serious about learning from people who aren't legal academics or lawyers and who might even be clients." He commented thatthe conference reflected "the current openness and many-centeredness of the CLS movement." In making a final remark before ending His entrance on stage electrified the audience as it erupted into an applause which it sustained for several minutes. From the very start, the humor was poignant and unrelenting, as one line spilled into another before the laughter could subside. An intense sense of reverence and respect infused the air, as manifest both by Holbrook's presence on stage and the penetrating wit of a historical figure determined to pierce the facade of daily life. Holbrook's performance was so natural and conversational it was easy to forget that this was not Mark Twain, but merely a seasoned actor who executed, in flawless fashion, a mimicry which approximated the image of a man we'd never met, but whom we felt we'd always intimately known. For the most part the performance turned on the pointed, jocular satire of Twain, but Holbrook began the second part of the performance with a re-enactment of a passage from Huckleberry Finn. It was here that the true talent ofHolbrook shone through, as he shifted fluidly from Finn's adolescent narrative voice, into the voices of several adult characters in the scene described by Finn, and then back into the boyish voice of Finn back and forth he went, fluently, flawlessly, effortlessly, with each character sustaining his discreet identity with such clarity that you always knew which character was speaking even though the lens was jumping to and fro rapidly in the manner of a ... ... from page 4 the discussion, Ms. Finley pointed outthat today it is important for law students in- terested in practicing public interest law areas of the law, especially business law. She said that students should be aware that they will run into problems in areas outside what used to be the traditional public interest law realm (constitutional law, civil rights, employment discrimination etc.) and should prepare accordingly. to expand their knowledge in all — SimplyRemarkable young boys tale. When the Finn passage was complete, Holbrook paused for several minutes, walked slowly to the stage prop high back chair, reached for his cigar, pulled out a white handkerchief and wiped his face with it slowly deliberately, then strolled pensively, in a meditative cadence, back to the stage prop lectern, and in this ensuing, penetrating lull you knew that Mark Twain had returned to the set. It was a most powerful and remarkable thing to witness. ... There were only a few, brief somber moments in the show that were marked, from their inception, by an intense and pervading quietude, in which you could hear Twain's somewhat labored nostril breathing as he prepared to launch into a solemn issue. The audience keyed on these cues immediately, with an uncanny anticipation of the pensive, sedate mood that was now cast upon the moment. In a low, gravelly voice Twain then slowly, regretfully spoke of slavery, in his midwestern drawl, punctuated by reflective pauses countenanced by the forced nostril exhalations signifying bewilderment. Returning to the levity of parody, Holbrook wandered through Twain's musings of how absurd it is for humans to think that they are the superior species on earth, God's chosen ones. Animals occupy the air, the sea, the wilderness and the deserts, he said, while humans are confined largely to only one-fifth of the earth's surface. If we are God's favorite species, he said, he sure has a funny way of showing it. Holbrook ran through a Twain parody on Theodore Roosevelt, the conservationist, who with rifle in hand, took half of the U.S. military with him in a cross-country safari in which he shot a bear, which Twain insists was really a domestic cow. Twain said that humankind is the lowest of the species, not the highest. We are at the bottom of the hierarchy, "the lowest... the lowest... the very lowest... except for the French who are still lower," Holbrook's voice trailed off to a whisper until he blurted out the comment about the French. On the issue of health and morality, Holbrook hauled out Twain's story about the woman who was seriously ill and was told by her doctor to quit smoking, drinking and swearing. The woman replied that shewould gladly give them up except that she didn't do any of those things. Several weeks later she died. Twain said, "Now there is a woman who had neglected her habits. She was like a sinking ship that had no cargo to throw overboard." Next came the discussion about honesty. Holbrook brought to life Twain's comment about George Washington. "As we all know, George Washington 'could not tell a lie.' I have a higher and more difficult ethic which I adhere to. I CAN tell a lie but I choose not to." Holbrook's Twain insisted that the only reason the young Washington told the truth was because he was already plotting on ways to get elected into the White House. He said that telling thetruth about such harmless, inconsequential matters was not that important. Then, Holbrook's voice lowered, and he became serious very solemn, and he said, the most invidious and immoral lies are those of 'omission,' like the lies about slavery, where society remained comfortably silent while only a scant few raised their voices against it. But Holbrook's Twain, forthe most part, spoke with a positive, sardonicbite to cast out anecdotes in a burlesque, humorous vein. "When I was a boy of fourteen," he said, "my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years." If laughter is what the doctor ordered, this was a show that should have been prescribed. Cerebral thought provokluminous and uplifting. It radiated ing with the confidence of a stellar performer invoking the insights of a literary sage and it was a performance one ought not to have missed. ... ... ... Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure all bar review courses teach the law, and some give you practice exams along the way. But now, Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Indentifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. k For more info: 3 2 43-9188 i Bto°3 10 The Opinion March 21, 1990 Kaplan-SMH m- For the Test of Your Life ... �More From The Opinion Mailbox In Favor Internship ofthe Traditional Grading System To The Editor: The current grading system was established in 1969 primarily to create a more friendly and less competitive atmosphere in the law school. As a result, all ranking and grade point averages (GPAs) were abolished. I believe that the current grading system has helped foster an amicable law school and therefore it is certainly valuable. However, it was only necessary to abolish ranking in order to realize this goal. By abandoning the traditional form of grading and replacing it with the current form of grading, detrimental side effects have come into existence. First, I believe that the current grading system has limited employment possibilities for a substantial number of students. Employers like to have an idea as to where the candidates stand in relation to their class. By barring employers from this important piece of information, the U.B. law student is at a disadvantage when seeking employment. This may partially account for the fact that a sizable portion of the third year students graduate without a job. As was stated earlier, it is not necessary to incorporate a ranking system. Once the traditionalform of grading is re-established, the employer will be able to assess the approximate rank of the student by comparing his or her GPA with a similar GPA from a com- parable law school. For example, if one has a GPA of 3.0 and in a comparable school a 3.0 correlates to a top 40% ranking then the employer can assume that the U.B. student is also in the top 40% of his or her class. Meanwhile, there would be no ranking at U.B. which would help to foster a less competitive environment. The other detrimental effect of the current grading system is the fact that there is no delineation between the "B" student and the "C" student. Therefore, it is possible to work very hard in a class and receive a "Q." Likewise, it is also possible to take it easy in the same class and receive a "Q" as well. Because the "Q" has such a wide range, the student that has excelled is not distinguished from the student that has barely made it. This is simply inequitable. Furthermore, many employers assume that a "Q" refers to a "C" in spite of the efforts of the law school to explain the grading system. In closing, I believe that a return to the traditional grading system (the A, B, C, D, F system) without any form of class rank is the best of both worlds. It fosters a less competitive environment while opening more employment possibilities for the students and giving credit to those studentsthat perform on a "B" level in class. Sincerely, David Steinberg, 2L University Priorities Are Questioned To The Editor: March 6, 1990 PARKING VIOLATIONS FOR EVERYONE who and what are SCREWHEADS they? Hunter S. Thompson writes vividly of them in Generation ofSwine. If you're not up to reading a book to find out, I can give you a solid operational definition of a distinct subset existing in our immediate environment: the Public Safety/ Parking Violations Bureau "professionals" and their little army of student geeks who spend their gainful employment time licking grunge off windshields and checking for proper hangtags. Call me a name-caller, but I'm cynical. Want more? The r jdent and administrative legislators who can't squeeze enough common sense out of their tiny brains to realize that the only purpose of requiring a special permit to park in the 70 or so always unoccupied spaces along St. Rita's Lane (adjacent to Baird Point), currently reserved for alumni, is to give Public Safety somewhere to sit on theirasses — all day long and ticket students who park there. We all know ofthe desperation. The fact that most of us are here to get an education (of sorts), and pay a tuition for that privilege, and that we need to park somewhere, doesn't seem to interest their agenda. Curb your rage, son. Settle down. Take some revengeful comfort in the knowledge that despite the RAPES, the MISSING COMPUTER EQUIPMENT, the hours spent sitting in the spine by theLOAFING MAINTENANCE STAFF every day, the supremacy of SPORTS over intellectual pursuit, and among other trivia, the certainty of getting PARKING TICKETS for occupying the only available spaces on campus in which no other party is deprived of a space, you will never have to make an alumni donation to the old alma mater. Consider the nonsense that pervades this university my prepayment in full! William Greener, Law '91 . Racism You may ask yourselves how does this student know this? Isn't this student just imagining all of this? Or better yet the best way to deal with it is to ignore it and it will goaway. You see, the problem here is that I am not imagining whatI see and the hostility does not just go away. On a daily basis I make it a point to see if non-white students participating in class discussion(s) spark this same reaction in these "boys". To my dismay I am correct. The last test I did was on February 16, 1990, during the joint session of sections 1, 2 & 3 for Legal Profession. A nonwhite student entered room 106 to take a seat in the front of the class. I glanced over at the boys only to find one of them lean over to his left snickering and whispering into the ear of his playmate. His playmate flashed a huge grin and nodded his head in agreement as they both glared at this student. I decided at that late date to give them the benefit of the doubt so, I said to myself, 'Okay perhaps they were talking about how attractive she was or how much they admired the artistic, cultural, ethnic style of the braids in her hair.' A few short seconds later I snapped out of it and said 'Na-a-a-a!' It is quite sad for me to think that I will one day be associated with them on a professional level. One final example of the kinds of comments that soar throughout the classrooms is that during another class discussion regarding First Amendment Law and the Freedom of the Press, — from page 6 somehow we stumbled onto the topic of Andy Rooney (60 Minutes) and the comments that he allegedly made to a reporter regarding Blacks and homosexuals. A male student stated (incorrectly) that the spread of AIDS in our nation today was largely a product of the homosexual population. Another student, non-white raised herhand and askedfor clarification because it appeared as though she was taken aback by his statement. Out of nowhere the male student chimed, "Well yeah ..., not to mention the spread of AIDS in Africa ..." I asked myself 'where did that come from and how did we jump from the United States to Africa???' I said to myself do you think that he would be so rude as to make a statement like that just because theother studdent was non-white? Na-a-a-a! But needless to say I was only kidding myself. Just when I thought that Blacks and Whites could actually come together to exchange ideas without worrying about the color of skin, people like those "boys" are able to create a picture that will tell Blacks that there will always be people like us to remind you that it does not matter what you are, how nice you are or whereyou are from YOU'RE BLACK. For those of you who are wondering which classroom does all of this chaos occur in? Which section? Just take a look around you'll see. Brothers and sisters watch your backs! . ., .. Denise Lewis call the person back and ask them to come into the office for an interview. During the interview I would get a more detailed picture of the legal problem as the client filled out some of the VLP forms. Generally, VLP seeks to refer indigent clients to private attorneys who will work on the client's case on a pro bono basis. I would then contact the listed attorneys who had indicated a desire to work on pro bono cases in a certain area of the law. Some client's problems were handled directly "in house." I would represent clients at unemployment compensation hearings or I might negotiate with a creditor for a temporarily reduced monthly payment on an obligation. Other times, I would work with a private attorney to accomplish a task on behalf of a client. All in all the job was very rewarding. I gained a better appreciation for the plight of the poor for legal help in a society where the cost of an attorney continues to soar. JIM MONROE (2L) FARMWORKERS LEGAL SERVICES When I interviewedfor the Buffalo Public Interest Summer Interships I had heard great things about working with theFarmWorkers Legal Services from the previous intern, Troy Oeschner. I began working for them in Rochester two days after the end of my first year's final exams and I quickly found that Troy was right. The people are fantastic, the work is interesting and you feel that you are actually helping the people in the fields. The people I worked with are not there because they are not able to get corporate offers or because they particularly like Rochester. They are there because of a firmly ingrained sense of dedication to the underclass in this country. This is borne out by the fact that they spend long hours and extra days working for their people and the fact that they rarely lose cases to the big firms or to the government. I say that working for Legal Services is fulfilling even in the face of many problems. The Legal Services Corporation (LSC) is overregulated and under constant attack by the conservatives, but the people of Rochester managed to be effective in giving the workers some sense of empowerment. Congress feels thatthe poor do deserve some chance for legal representation and LSC survives. About half the money at the office I worked for came from private foundations and other grants needed. Our battles were fought with the Immigration and Naturalization Services, discriminatory businesses, and with crooked crewleaders. Surprising, our allies were many private local attorneys, the N.Y.S. Dept. of Health, OSHA, a few informed farmers, and the N.Y.S. Division of Human Rights. The problems with the Immigration people usually stemmed from bureaucratic inertia and ignorance of the rapidly changing seasonal agricultural worker relations. After campaigning in the southwest in two presidential elections claiming that undocumented workers (Reaganites call them illegals), were ruining the economy by taking lucrative American jobs, Reagan realized that no one else would do this work. His administration allowed three bills to pass through Congress and he signed them into law. The LAW, SAW, and RAW Acts make it possible for the large farms to replenish the diminishing supply low wage workers by granting temporary resident, TR, status to undocumented aliens. The most recent Act, Replenishment of Agricultural Workers Act, will allow undocumented farmworkers to qualify for TR status if they will work on certain types of crops. What made my job exciting and fulfilling was the constant travel to the fields to visit the workers. Although I was always with a Spanish speaking interpreter I felt that thepeople really wanted us there and believed we could help them. Most of the cases we took were resolved in favor of the workers and through these outreaches and the Rural Opportunities Center in Oswego, N.Y. we have developed a very impressive reputation with the workers. I recommend the internship at Farm- from page 9 Workers in Rochester for the foregoing reasons and because of Sophie, Jim, Rosa, Wally, and Jeanne. These people are not only dedicated to their farmworkers, but have somehow avoided the burnout associated with public interest struggle and are very enjoyable to work with. The office atmosphere is very relaxed and there will be plenty of law to learn. MIKE PULVER (2L) NEIGHBORHOOD LEGAL SERVICES I was the last person I thought would be chosen as the Buffalo Public Interest Law Program Intern for 1989. Though I had worked in a New York City program for runaway children and homeless persons during and immediately after college, I had nevertheless spent nine years working as a legal assistant and investigator for some major corporate firms, defending toxic tort claims. I didn't have any strong politically-based beliefs about the necessity of legal representation for the poor (though I did, and do, have strong personal, moral, beliefs about that necessity). When I received the call that I had been chosen as the BPILP intern, I was stunned. I realized that I had forgotten what it was like working for people who were both competent and caring. The relaxed atmosphere was not only refreshing but, as I found out later that summer, made for the type of stress-free atmosphere from which high quality, creative legal work can be consistently produced by everyone. The department to which I was assigned was named for the Administration Entitlement Benefit Unit, the "Admin" Unit, for short. I specialized in representing persons who were, or should have been, recipients of government benefits and who were encountering problems with regard to them. Some of the benefit programs involved included Medicaid, Medicare, Social Security, Aid to Dependent Children, and New York Home Relief, our state's own welfare benefitprog ram. My expectation that my work would be interesting was not to go unfulfilled. While my fellow students employed at private law firms were researching arcane, and what must have been painfully dry, aspects of corporate, commercial and real estate law, I was researching, all summer long, the type of constitutional law questions that first year associates let alone first year law students only dream of. And boy, were these questions difficult: Does a plaintiff/benefit recipient have standing to challenge procedural deficiencies with respect to benefits which are a part of the overall benefit program she is challenging but where plaintiff is not, and may never be, eligible for these particular benefits and where the relief sought with respect to their administration would only be applicable to actual recipients of these benefits? And so on. How many second year law students can say they drafted the brief which, his bosses told him, could very likely be the winning brief in a reported decision (the brief was written in support of our position with respect to the issue, just described, regarding veteran's be- — — nefits)? In short, Neighborhood Legal Services gave me (and, according to the other interns there, all of us) as much work and responsibility as we wanted or could handle. In the field of public interest, where lawyers' talents are stretched to the maximum, this level of responsibility is the norm and our supervisors made sure we were aware of, and experienced, this selling point. I, for one, found it very attractive. In the past, only Western New York Legal Services Corporations have participated in the BPILP summer internship program. This year BPILP is expanding the program to include national public interest law corporations in addition to these LSC agencies. Thus, anyone seeking out of state employment in public interest law can be successful in finding a summer job through the BPILP program. APPLY NOW!!! March 21, 1990 The Opinion 11 �H . A g l\ I * M- \ m■ I IM I I IWI ■ k |\ I \i/■ I I JY II v>, Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videota p e jn locations throughout the United States. For further information, contact your local BAR/BRI representative, or: BAR/BRI 415 Seventh Avenue, Suite 62 New York, NY 10001 212/594-3696 I CPLR Mini-Review: An Overview of New York Practice and Procedure Date and time bar review 12 The Opinion March 21, 1990 to be announced. ©1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/074c8d6fbfc7351377e69139157f3c82.pdf da4eb8e786dae68f5e9c893a42f40fc5 PDF Text Text Law Professor Receives Purple Heart In Drug War President Bush handed out the first Purple Heart of the Drug Wars yesterday during a ceremony honoring SUNYAB Law Professor Jeff Blum. Professor Blum appeared anxious at the press conference announcing his receipt of the Purple Heart. In explanation of his angst Blum said, "They never told me what was going on. I was just grabbed in the middle of the night, thrown into a four door sedan and brought here. At first I thought it was unpaid parking violations but then I remembered I don't have a car. I never dreamed that I'd get an award from President Bush. Maybe I hallucinated about it once or twice, but I never dreamed it." Blum gave a modest acceptance speech and declared that other individuals were more worthy ofthe Purple Heart than himself. "People come to mind who have done so much for the War on Drugs that my contribution is miniscule compared to the effect these men have had. People like Jerry Garcia, Keith Richards, Dennis Hopper and the late Jim Morrison should be up here instead of me." President Bush noted that Blum's purple heart was only the beginning of an award campaign designed to dwarf the amount given by President Reagan "in award things. But, remember, as a Democrat he needed two international conflict the Grenada thing" and to topple the record set by President Harry S. Truman during World War II and theKorean War. When asked about figures President Bush responded "I think Harry (Truman) gave out over 700,000 of those medal and things to reach that number. I feel with a little creativity and a couple thousand pointy-headed assistants we can top that number within the first fifteen months of the Drug War. And that's just within our borders." The battle lines of the Drug War have yet to be drawn, with some people wondering if the Panamanian invasion to oust General Noriega can be considered an element of the Drug War. Bush responded, "A definitive answer at this juncture wouldn't be prudent. We'll have to see what the medal count is before we can make any statment regarding that topic." For a final comment President Bush vowed that in addition to being known as "The Environmental-Education-Eastern European Freeing-Panamanian RaidingPresident" he is to be called the Medal Giving President. In an aside to his Press Secretary Marlin Fitzwater, President Bush said "This Drug War idea is a real coup, I should establish another place in history with the medals I'm gonna give." In an official statement given by Dean Filvaroff of the UB Law School the dean praised the efforts of Professor Blum. "This ought to really help our ratings in the Gourman Report, and I hope we can reflect that in a tuition increase retroactive to Fall 1985. It's the least the students can do for us." Professor Blum and President Bush THEONION Volume 30, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF FLAW April 4, 1990 Finley Wins Bake-Off, Gives Up Career After years of battling for the rights of women, Professor Lucinda Finley has finally thrown in the towel. Commenting "If you can't beat 'em, join 'em" and "Maybe a woman's place is in the kitchen," Finley announced that her recent victory in the Pillsbury Bake-off was the final step in convincing her to trade in her law books for cookbooks. by Betty Crocker The road to the bake-off finals was an exciting one for Ms. Finley. She took up cooking several years ago as therapy to help her deal with her stress filled teaching schedule. "Although I taught feminist theory" she said "I also believed that women should be able to fend for themselves in every way, including in the kitchen." Ms. Finley increasingly became more interested in cooking and took several adult education courses, including "The Basics of Kitchen Know-How," "French Pastry Made Easy," and "Down Home Cooking for the Busy Woman." The techniques she learned in these courses, along with much experimentation in the kitchen inspired her to enter some of her favorite dishes in county fairs around the state. Ms. Finley commented "I started out small, just entering some items I had canned, such as peaches and carrots, and some simple casserole dishes, such as macaroni and cheese. After I won a blue ribbon for my canned snow pea entry I decided to move into the competitive home baked pie arena. I came in second place at the state fair with my strawberry rhubard pie and that gave me the encouragement to work on a recipe that I could enter in the bake-off." Ms. Finley continued to pursue her teaching career while she traveled the county fair circuit, but became increasingly discontent and lost faith in the feminist theory she espoused. "I found I was most happy in the kitchen and doing housework; I loved sharing kitchen Black Forest Cherry Torte Elegante Cake 1-1/2cupschilled 3eggs 2tsp. baking powder 2-1/4cupscakeflour whipping cream 1-1/2tsp. vanilla 1-1/2cupssugar 1/2tsp. salt Heat oven to 350°. Grease and flour 2 round layer pans 8 or 9-1/2 inches. In chilled bowl, beat cream until stiff. Beat eggs until thick and lemon colored.Fold eggs and vanilla into whipped cream. Stir togetherremaining ingredients; fold gently into cream-egg mixture until blended. Fold into pans. Bake 30 to 35 minutes. Cool. stories with the other girls I met on the fair circuit." After toiling with many recipes she had developed, Ms. Finley was finally able to perfect one which she thought could take it all in the bake-offand that's exactly what the recipe did. Her "Black Forest Cherry Torte Elegante" won the local, regional and finally national rounds of the highly respected Pillsbury Bake-Off. When asked about the difficulties she had in developing the recipe, she replied that "I really struggled with the decision to use cake flour instead of all purpose flour, I kept going back and forth and finally settled with the cake flour, and frankly, that may be what won it for me." What now? "Well, I think I'm going to stick with teaching but in a different sense" Ms. Finley said. "I'm developing a cooking course entitled "Cooking To Get A Man" and I'm hoping to teach it at night as part of an adult education program. I'm also considering applying for a part time position as a high school home economics teacher but I don't want to work full time again. I want to stay in the kitchen." What about a repeat of this year's bakeoff victory? "It's only happened once before" she said, "so it's doubtful I could clinch it two years in a row, but I'm certainly going to try!" Cherry Filling 4Tbsp. cornstarch 4Tbsp. sugar 2 lbs. pitted dark sweet cherries, drained (reserve syrup) 2Tbsp. brandy flavoring Stir together cornstarch and sugar in small saucepan. Add enough water to reserved syrup to measure 1 cup; stir into sugar-cornstarch mixture. Cook stirring constantly, until mixture thickens and boils. Boil and stir 1 minute. Cool to lukewarm. Stir in brandy flavoring. Dip 36 cherries into thickened syrup; set cherries aside. To Assemble Torte In chilled bowl, beat 1-1/2 cups chilled whipping cream and 1/4 cup confectioners' sugar until very stiff. Place one layer ofcake upside down on serving plate. With decorators tube or spoon, form thin rim of the sweetened whipped cream around outeredge of layer. Fill centerwith Cherry Filling. Place other layer top side up on filling.Gently spread whipped cream on side and top of the torte. Grate 1/3 bar sweet cooking chocolate. Gently press the chocolate by teaspoonfuls onto side of thetorte. Place whipped cream in decoratorstube with star tip. Pipe border ofcream around edgeof torte. Beginning from center ofcake, outline individual portions in a spoke-fashion design. Place desired number ofreserved dipped cherries in each outline portion. Because of the whipped cream, torte must be kept refrigerated. April 4, 1990 The Onion 1 �Guild Moves In The "Right" Direction In a surprise move, the National Lawyers Guild has decided to merge with the Federalist Society. The name of the law organization is The Guild of National Federalist Lawyers. According to I'm Radical, a member of the former NLG, the merger was completed in response to the changing world scene. "If Gorbachev and Bush can get together to try to create peace, we felt a merger of the two organizations was the least we could do to contribute to world harmony." Status Quo, spokesperson for the former Federalist Society, viewed the merger as a benefit to both clubs. "We increase our membership," which Status Quo noted sometimes meant a Federalist member had to talk to himself at meetings, "and theschool gets to see far fewer clashes between the members of the two organizations." Dean Filvaroff reacted with glee to the announcement. Heralding the dawn of a New Age, Filvaroff hoped thatthe merger would eliminate his moderating Federalist Society debates and would allow him to once again eat California grapes. What the merger means for the policy and philosophy of the two groups has not yet been determined. Some members of both groups expressed reservations about some of the changes. I'm Reactionary, a member of the former Federalist Society, said that even the issue of attire DEAN SCHLEGEL CAUGHT TALKING TO HIMSELF IN THE HALL — is a problem, "We're used to the collared shirt and tie at our meetings. I'm not sure some of the older members will be happy withthetornjeansandtai dai bandanas." Che "Fidel" Smith, the 111, a member of the former NLG, raised the issue of organization, "Like wow, man, we're like used to a very open forum. Like, no president or anything like that. We don't like this hierarchy stuff. Like, it's too elitistand too bourgeoisie." Reaction of the student body was mixed. John Q. Normal hopes that the merger will signal the end of the übiquitous NLG table at the front of the library, "I hope that now I will not be assaulted each time I enter the library by some placard waving student who wants me to stop eating peanut butter, to sign a petition to end racial discrimination in Antartica, or to boycott quilts made by overworked Shakers." Andy Disestablishment expressed dissatisfaction with the merger saying that he rather enjoyed the tamborine and singalong sessions performed for FBI and JAG recruiters, "I hope the formation of this new organization does not signal the end of this quality entertainment.The law school lacks other activities for aspiring musicians." Although problems need to be worked out, the merger is set to go ahead next semester. Only time will tell what form the new organization will take. AGAIN! Anna Maria Nikander reported to the Opinion staff that she heard someone yell "SHIT!" at the top of his lungs. When she went to the hall the beleaguered Ms. Nikander was relieved to find that it was only Dean Schlegel on his morning constitutional. When she approached the Dean he simply stared at the wall and kept repeating "Dis is the most stupidest ting leverhoid! Contract law is dead." Fortunately Nikander was able to pacify the flustered Dean with a Snickers bar and a can of pop. MZ. SMITH HAS ANYBODY SEEN A GOOD MOVIE LATELY?!! REASONABLE MAN SEEN LEAVING KMART WITH ELVIS! Professor Janet Lindgren, while shopping for clothing, was diverted from a "Blue Light Special" by a surprise encounter with Reasonable Man and Elvis. An irate Elvis tried to take the last rhinestone shirt from the $2.98 rack, but the spunky Prof, managed to hold him at bay. An ugly encounter was narrowly avoided by Reasonable Man's timely intervention. Said an unflappable Mr. Man, "I only did what anyone would do in that situation." — DEAN DAVID FILVAROFF QUITS SMOKIING PHILIP MORRIS STOCK PLUNGES 5 POINTS! A shaken M. Fazeema petitioned the Securities and Exchange Commission to sanction Dean Filvaroff for failing to warn the commission of his disruptive action. "How could we anticipate such a precipitous fall in demand!" said a breathless Fazeema. Spotted in Wilson Farms buying lollipops, the Dean responded to Fazeema's accusations with a puff, a whistle, and a fart. ERROL MEIDINGER SUBMITS GRADES FROM FALL '78 Sue M. Awl, UB class of '81, a senior partner at Dewy Cheetham & Howl was delighted last week to find that she had receivced an "H" in Property I. "I've been a little worried by the contingent remainder question, but I felt confident on the landlord tenant question. After all," snickered Ms. Awl, "thanks to Errol's tutelage I've been evicting society's dead wood for almost a decade! Now if I can only get that seminar grade my transcript will be complete!" .. UB TAX PROFESSOR FOUND MOONLIGHTING AS PROFESSIONAL BASKETBALL PLAYER Boston Garden regulars were astonished to learn that star forward Larry Bird is in reality the famous tax professor Kenneth Joyce. Upon discovering the shocking truth, fellow Celtic Kevin McHale commented, "I knew something was fishy when Larry Urn I mean Ken, volunteered to restructure my condo deal as a sale-leaseback and save me thousands of dollars to boot, or something like that! It made sense at the time." Confronted by the cold hard facts, the superstar tax professor said cryptically, "I guess I didn't do the right dance. Next time, I'll be sure to slice the bologna the right way." SET THE RESUME ON FIRE - What UB Law "Team", (that is, Husband and Wife) were recently seen being detained by the Amherst police outside of Fuddrucker's Restaurant after they vigorously attempted to remove the decorative cow carcass from the display window? HINT: Alan Freeman was sporting Bill Blass' latest Bermuda shorts and tube sock outfit. (Update: Fear not, this dynamic duo was released with a warning and were then seen heading off to try their luck at Dahlkemper's). . Lou DelCotto, currently being investigated for alleged tax evasion was overheard talking on the telephone to the recently convicted Hotel Queen Leona Helmsley for legal advice. An April meeting is planned. Uh,... is this a deductible business expense? Better consult the Code on this one. ... ** * TIME OUT!!! Juvenile Law Prof. Chuck Ewing was spied upon spanking and reprimanding his young son, Ben at Toys-R-Us. It seems little Ben had his heart set on getting one ofthose hot, new VALIDATOR dolls (the anatomically correct kind). ** * Further north, at Boston's Fenway Park, our Isabel Marcus was seen at Bunting practice with the Boston Red Sox. Her only comment, "I was swept along cursing myself for wearing flip-flops. It's hard to run in flip-flops." Look out baseball fans! « QrW GO ALL THE WAY! .. Whilst searching out Volume 19 of the Cajun Law Review, I caught Librarian Marcia Zubrow eating a burger, shake and fries in the stacks. Her excuse: "I was hungry and have a lot of work to do." Unacceptable!!! Believe me law considering that students, this happens more than you think. Appalling silverfish crisis we hear so much about. . ** * Since his class voted not to have a final exam, they figured they may as well vote to cancel the rest of the semester too. So, Muhammed Kenyatta skipped out of town, sporting Ray-Bay Wayfarer sunglasses and resortwear. Whereabouts unknown. Don't worry, he left behind some due dates. .. While making use of the resources in the Career Development Office, I happened upon the JAG Corps dusty resume collection box; it seems that the last time they interviewed on-campus, one resume never made it to th e Center-For-Tomorrow: that resume was none other than that of David Filvaroff heard of him? Pretty impressive resume: Dave, a big civil rights man, has clerked for U.S. Supreme Court Justices Frankfurter and Goldberg; he was General Counsel, President's Counsel on Equal Opportunity in 1965, and he doesn't he know he's too OLD? is currently our Law School Dean . . yf . Due to the boycott. word on the g—vine says Jim Gresens is a little sour about the final exam fiasco. Be forewarned 3L's, this semester's New York Practice final will be brand new. Oh well. You win some and you lose some . Well, it's back to the barracks for me The Onion. ... stay tuned for my next colum .. BEST NON-SUPPORTING ACTORS: William Greiner and Steven Sample r Enemies* caxKwimnaucm 2 The Onion April 4, 1990 Released by Twentieth Century R» Rim Cap,, in �. New Testing and Grading Policy Announced In a surprise move, UB Law School Dean David Filvaroff announced a radical change in the school's testing and grading policy at a hastily called emergency meeting of law school faculty and administrators at 11:00 pm on Christmas Eve. Dubbed "The Wheel of Fortune" by its supporters, the new testing procedure provides for a grading system which requires each student to spin a giant roulette wheel in order to determine his or her grade in all lecture courses. Associate Dean Lee Albert stated that the new testing procedure was designed to interface with the new grading policy which will now be based on a modified version of the Dewey Decimal System in which there will be over three thousand gradation levels for grades instead of the current fourlevels (H,Q,D,F). "We not only eliminated competition at this school, we liquidated the competitor with this baby" Filvaroff said in directing a new course for the school in the 90s. Filvaroff touted the new policy (given the moniker "The El Nino Project" meaning Christ Child) as propelling the law school to a new high water mark in academic aquatics, while its critics deplored the program as a toxic waste-bed that is sure to stunt the growth of petunias this spring. Professor John Schlegel, when asked to assess the new plan, pondered the question for precisely 72.4 microseconds (there were no time limits placed on his response), plummeting to the cerebral depths of this vacuous issue before meting out his gauged response that "Pushing water uphill is a difficult job for everyone." A bright white light could be seen illuminating the faces of some of those who embraced these profound words and several faculty members later described a kind of 'out of body' Shirley McLean type of astral experience as a direct result of being enlightened by this penetrating insight. Echoing the words of Bullwinkle during his 'Mad Max' investigation, Schlegel pointed out that "Reality is definitely important, but we should not let it control our lives." Professor Jeffrey Blum, however, rebuffed Schlegel's comments, arguing that a more accurate metaphor would describe the new plan as "an alluvion gusher, pushing toxic wastes downhill, and contaminating the potable water table." But Schlegel countered that it was pure hokum to talkabout a "potable water table" in the Buffalo area. Blum conceded this point and both instructors adjourned the meeting until distilled water could be brought in to replace the pitchers of water on hand which had already burned several holes in the oakwood conference table. Associate Dean Lee Albert defended the plan by explaining the rationale behind the decision. "The old H/Q grading system," he said, "was arbitrary and capricious, but that isn't what bothered us. We wanted to emphasize the element of 'meaninglessness' in the equation in order to make it congruent with the highly time-constricted testing procedures at this school. In this respect," Albert said, "we have achieved consistency in our program while retaining fidelity to a longheld, cherished tradition." Professor Chuck Ewing criticized the testing plan because the "Wheel of Fortune" format usurps the authority of the instructors in doling out grades, thus undercutting the leverage that instructors traditionally utilize to force students to comply with rules against reading Batman comics in class. But Filvaroff bristled at this suggestion and pointed out that Ewing, himself, had frequently included Batman strips in his exams, even though he never discussed the complex issues involved in class. "Furthermore," Filvaroff retorted, "Ewing is missing the whole point of this policy revision. We are trying to put more control in the hands of the student. We want the student to be able to control her own fate. When she spins thatwheel and sees her grades and law school career flushed down the flume — she's got nobody but herself to blame. In this russian roulette approach, she perishes by her own hand." Filvaroffcontrasted this with theprevious testing format where the student watched her grades go down the tubes of the hourglass without being able to control thetime element allocated for the exam. Albert pointed out that "both the severely time restricted exam format and the Wheel of Fortune format accentuate the banal and thus are reliable indicia of a student's accumen in this important threshold area, but the new format puts the student 'at the wheel,' i.e., at the helm of her own meaningless fate. It's consonant with the social values of our time," Albert insisted. "The whole country is founded on its demonstrated preference for high speed, chase-scene bedlam and the roulette approach to decision making. The economy rests on harem scarem speculation in the stock market; we have Las Vegas, Atlantic City, Bingo Parlors in the churches. Lotto ticket machines on every corner, clearing house sweepstakes in the mail, astrologers in the White House, baseball idols moonlighting as bookies and mortgages which openly change hands after every pro football game," Albert was quoted as telling a group last month in a speech (confessional) he made to members of Gambiaholies Anonymous. "Life itself is more of a willy-nilly crapshoot than a clearly defined medium of logical outcomes, and the Buffalo Model represents a benchmark in raising the old standards to meet this new social perception. "We're just looking for high-speed automatons with 4 megabyte RAM cards, who are user friendly and who are adept at blathering boiler plate language to their advantage" Filvaroff told a packed meeting of computer operators at last year's programming convention. "We have tried to reduce the competition at this school," Albert said, "NOT because it creates negative, unnecessary, counterproductive anxiety. We believe it is part of the gauntlet, part of the 'rights of passage' to purge these bright-eyed, bushy-tailed young'ns of the last vestiges of naivete. We are against competition because it sets up an autonomous meritocracy beyond our reach. We want to choose who gets through and who doesn't" Albert told a group of puppeteers at a marionette convention last Fall. Referring to the El Nino Project, Professor Marjorie Girth decried what she called a policy which "lets the inmates run the prison." Girth refused to relinquish certian "instructor controls" which she insists are essential to the "efforts of the faculty to clear the decks of miscreants, gadflies, carpetbaggers and other like degenerate pedigrees who are identifiable by their inability to barf up a finished product in a single, heaving eruption during a nanosecond exam period." In response to her unflappable position, a special roulette wheel was constructed for her classes in which 23% of the grading slots are allocated to theD and F range of the new Dewey Decimal grading system and policy accommodations were made for her courses in which the student will be penalized 54 additional Dewey Decimal grade points for each microsecond that the roulette wheel spins beyond the initial 17 seconds allocated for the spin. "The real palpable, meaningful values in this profession are time, speed and money," Girth said. Time IS money. The only thing that matters after that is 'How much?' and 'How fast?' This bleeding heart esoteric gibberish about 'QUALITY' is pure drivel. Quantity is the cardinal value in this society, and the cornerstone of that value is 'SPEED" Girth told the SUNY Board of Trustees last summer in her bid to have the speed limit on Flint Loop raised to 120 miles per hour. Girth insisted that 37.5 lecture hours could be compressed in 17 second sound bytes, and she successfully convinced wavering committee members once they saw her throw down a melted pitcher of Buffalo .. 'drinking water' in a single gulp without showing any of the usual signs of lighter fluid poisoning (not even chapped lips). Girth told the committee, "Given sufficient time on an exam, everybody could perform competently and commendably, but that's not the point. The real question is, can they still hold the pen upright with 10 G's volting through their system like nitroglycerine in cuisinart?" Professor David Engel adopted a conservative approach to the issue, stating that the opponents have some interesting arguments, but so do the plan's drafters, but that research should be done to ferret out alternatives, but that this may not really be feasible because the issues are so complex, although the system may be unfair as it is, unless this seems unreasonable, in which case maybe the system is alright the way it is, considering the fact students are free to take all seminar courses in lieu of lecture courses, although this restricts the students' choices, but this may have good and bad points which must be weighed carefully and Engel stated in the final analysis that he was adamant and immovable in his position. Professor Isabel Marcus stated that although the new program was repugnant to a just mind and she was whole-heartedly deadset against it and she was repulsed right down to the marrow of her . bones, and incensed by its invidiousness, she would nevertheless support it joyfully and cheerfully, with a 'spring in her step,' like any good soldier and loyal patriot should in times of war and natural disasters. When confronted with the question of the program's 'possible' unfairness, Professor Alfred Konefsky replied "Oh, I never thought of that. I'll look into it. But as long as the system screws everybody over in an evenhanded manner, I don't have a problem with it." Professor Bob Berger refused to comment other than to say that he spent three weeks scouring theConstitutions of New York and the US, and he found no reference, whatsoever, to the term "Wheelof Fortune," therefore, the program is not unconstitutional." [This article expresses only the views of those who share these views and is not intended to represent the views of those who share opposing or different views. All rights are reserved for a table for two, with a $10 cover charge and a $20.00 minimum (and a 15 minute time limit). Any resemblances these fictionalcharacters have with any real life characters is attributable solely to the random probability tables expressed in thereductionist theory that the likelihood of two janusfaced jacks turning up back-to-back in a single exam period is infinitesimally small.) Candidate Noriega Is Most Impressive Yet Ehe faculty of SUNYAB-Law has made )ld move in its search for new profes> and has offered a position to deposed Panamanian leader Manuel Noriega, Esq., for the Fall 1990 semester. Mr. Noriega has tentatively accepted the offer contingent upor the creation of a prisor task-force clinic to be run with Brazil. Professor Erro Meidinger, a member oi theFaculty Search Committee, explained the new stance of the committee and the rationale behind Mr. Noriegaselection. "Lately, we've had trouble getting motivated in the realm of creative research. Many of (the faculty) felt that the law had become too restricting by keeping us within the limits of legality. Manny (Noriega) ought to shake things up a bit." Professor Meidinger explained Mr. Noriega's extensive experience in inter national law, immigration law, interna tional sanctuary, and fund raising. Whe asked how Noriega's arrival would affec him personally Mr. Meidinger replied tha "from now on all my vests are going t be made of Kevlar." He then excused him self to oversee the installment of bullet proof windows and a reinforced door in his office. Mr. Noriega met with students in the Albion campusand politely answered any question posed to him. Central to his teaching approach is the return of the whipping post and "an intensified 'Paper Chase' approach to the law." When asked about his preferred area of instruction, Mr. Noriega replied, "I'm into international cartels, empowerment advocacy and overripe tropical fruits." Mr. Noriega greeted his visitors in power camouflage pants and jacket ensemble, with black combat boots and his trademark sunglasses. When asked about the trademark of his sunglasses Manny replied, "I have a deal pending with Sunglass Hut, it could be lucrative." Outlining his basic requirements for coursework Mr. Noriega maintained the importance of "attendance, order, timely submission of required work, conformity to accepted standard as the venue to greater prosperity and no bills larger than $20." Mr. Noriega then gave a five-minute speech about the importance of noting whether or not "grade enhancement material" was received in consecutive serial numbered form. The reformed strong-man denounced on-campus recruitment by JAG Corps, Noriega greets UB Law supportersfrom the thirdfloor balcony of O'Brian Hall. the FBI, the CIA, and the Federal Witness Relocation Program. Eschewing any drink offered to him by his support group of blue-suited, sunglassed men, Noriega drank from a hip-flask filled with "rhetoric inducing substances." He digressed to give a short speech on the bleak future of America if the Drug War is allowed to continue and supported his theory with references to global economics, international banking, agriculture, farmer subsidies and a high oat-bran diet. Mr. Noriega finished his interview with the students by making a plea for the "law students of America, unite! You have nothing to lose but your change." Dean Filvaroff expressed confidence that Mr. Noriega would be received kindly by the students and faculty at the school. Filvaroff described Noriega as a "unique civil libertarian with a new twist to American legal theory." Dean Filvaroff declined to comment on Noriega's salary or upon the institutional effect the new faculty member will have at SUNYAB-Law. "We'll have to wait for the Gourman Report before anything definite can be said." Mr. Noriega's resume is classified and may not be seen in room 318. April 4, 1990 The Onion 3 �. .. Separated at Birth In the tradition of SPY Magazine Associate Dean Philip Halpern Prof. Louis belcotto Prof. Mensch Prof. Virginia Leary Prof. Freeman Prof. Meidinger Prof. Swartz .yB Law Faculty "separated at birth" Sam Donaldson Raymond Burr The Scarecrow Eleanor Roosevelt The Cowardly Lion Sherman Hemsley Panic Sets 1n... Dean Swears He Will Raise Bar Pass Rate... Dean David Filvaroff is really committed to raising ÜB's Bar Pass Rate which is currently in the 50 percential range. "By golly, this has got to work!!" This referenced exclamation is because the Dean has approved a plan to send subliminal messages to the entire law student body during their three year stint at ÜB. All law students will begin to hear messages as they daydream in class, eat bagels in the walk-a-way cafe, read The Generation in the Law Library, study in carrels, sit in (or in front of) the Law Library or are present anywhere in the law school. .. The SUB-LIME Corp. which sold the package to the Dean had great success trying it out on ol' Dave himself. Responding to the subliminal messages of "Buy me buy me" the Dean committed to a three year trial period package. So as not to waste it away the messages will begin today! So ... listen up in lectures and throughout the day for these sample messages: For former section three Third years: you'll pass "Forget about CONTORTS the bar. ." For all First years: "You will get Q's and like them ..." For Corporations and Wall Street stugreed dents: "You deserve to be rich is good and you will pass the bar." .. .. .. . .. For Debtor/Creditor students: "You may not pass this course but, you will pass the bar.. ." In Carr's Evidence class: "Study evidence(again) and you will pass the bar." In front of the library: "You deserve to be a lawyer. you will pass the bar." In Human Sex seminar: "You may be but you will pass sexually frustrated the bar. hang in there." For Lou's Tax students: "Tax is not on the bar... so you will pass the bar.. ." To students in the Early Bird Bar Review Sessions: "What are you doing here??!! You will pass the bar. .." Local department store owners, employers and sex therapists rave about the success subliminal messages have in their respective areas. "Subliminal messages have cut down on shoplifting, raised the level of employee productivity and boosted lots of sex drive so why shouldn't UB Law Students benefit from them too?" said an enthusiastic Dean Filvaroff. Word has it... that Pieper and Bar/Bri in theirtrue corporate way are also marketing individual totable BAR REVIEW "walkmans" for the subliminally anal law student. And, even more exciting, Audrey Kosielniak is having special subliminal "Don't messages in the CDO office panic you will find a job someone you will find a job ." will hire you .. . . ... ... . . . . . . . .. . .. .. Professor Carr Brought In On Polyester Charges On April 1, 1990, local police illegally searched the home of Professor Charles Carr and seized twenty-four polyester suits. The Buffalo Police Department has alleged that Professor Carr received these suits as a bribe from the K-Mart stores President so that he would appear on nation wide television as their polyester spokesperson and design advisor for 1989. Professor Carr has received a letter from the Dean of Howard University (his alma mater) threatening to revoke his degree. "Howard University is surprised and horrified that one of our distinguished graduates wears polyester," stated the Dean. The Buffalo Law School faculty believes that Professor Carr is underpaid and has offered to buy him a new wardrobe and patio doors. by Polly Esther Professor Carr's bail has been set at $200,000 dollars and he is scheduled to be arraigned on May 20,1990. Unfortunately, the Law School will be conducting Dean Filvaroff, the Law School faculty and other prominent community officials are outraged that a member of the faculty was arrested and denied his fourth amendment rights against illegal searches and seizures. The University has scheduled an emergency meeting to discuss whether Professor Carr should accept K-Mart's lucrative offer. Because of the embarassing publicity, its graduation and the professor will have no available moral support. Nonetheless, he will be appearing on the Geraldo show to discuss the upcoming trial. "I am not a polyester fan and I won't make any further statements without my attorney being present," said Professor Carr. Join The Surgeon General C. Everett Koop Fletcher Lee Fan Club Prof. Fred Konefsky Activities To Be Discussed At The First Meeting Include: Captain Kangaroo of Fletcher • Auction Lee's Wardrobe for Charity including the famous Italian Loafers Prof. Janet Lindgren Martina Navratilova • Seminaron getting into the large law firm IflS * * John Licata, Pres. Errol Meidinger, Honorary Vice President Prof. Olsen 4 The Onion April 4, 1990 Ed McMahon jm Our Hero � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Onion, 1990-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Onion Vol. 30 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7a65c4a73914eeac92c6b96b5e3fca3c.pdf 3f6cd1743ed1ba6837fc83b0759cf149 PDF Text Text O THE PINION Volume 30, No. 12 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 4, 1990 FBI Recruitment EffortsRenew Student Protests In an overwhelming display of support and solidarity, approximately one hundred law students gathered in front of the Career Development Office on Wednesday, March 21st to protest the presence of FBI representatives on campus. by Bruce Brown, News Editor & Maria Germani, Staff Writer FBI Recruiter Mary Devon The Federal Bureau of Investigation and the Judge Advocate General Corp. are two employers often confronted with protests when they attempt to recruit at the Law School. Both United States government employers have explicit policies which preclude the hiring of physically disabled persons, persons over 35 years of age, or men and women who demonstrate a "propensity" to engage in homosexual activity. According to an October 22, 1989 article in the New York Times, the presence of homosexuals in the military is "legally the most sensitive personnel problem facing the American military today". The law students' concern is focused on the discriminatory practices of the FBI and the JAG Corp., and in particular, the fact that the Law School is required to extend to them the use of the Career Development Office and its facilities. In this manner, student fees used to staff the CDO, are seen by the protestors as facilitating discriminatory hiring practices. According to Troy Oeschner, a National Vice President of the National Lawyer's Guild, "this discriminationand the results of institutional discrimination fall squarely on the shoulders of (UB President) Steven Sample. He has the power to overturn this position. He has a clear authority under New York State law to prohibit FBI and other discriminatory recruiters from coming on campus." While FBI representatives held an information session in Room 106 of the law school, the protestors provided a telephone "hot line" outside of the classroom to allow students the opportunity to personally call UB President Steven Sample's office and voice their opposition to the presence of the FBI representatives. Although the FBI representatives were aware of the protest, no effort was made by any protestors to disrupt the information session or to physically prevent or obstruct the recruitment. According to Dean Filvaroff, "students demonstrated peacefully to express their strongly held views and feelings as it is their acknowledged right to do. At the same time, the FBI representatives were able to make their presentation and conduct interviews without disruption or interference as they are entitled to do under university regulations. For myself, I am proud and pleased that students care deeply about issues of discriminationand exclusion. That also is as it should be." Audrey Koscielniak, who as director of CDO is often caught between the conflicting policies of theLaw School faculty and the university administration, said of the protestors, "They conducted a very proper demonstration of their views. We should be listening to what their concerns are." Unlike last year's blockade, which successfully prevented the FBI from recruit- Housing Project Funds Awaited On March 8, 1990 Delta Development announced that it made an application to the New York State Housing Trust Fund Turnkey Program for a grant of $3,122,584 to rehabilitate a portion of vacant property into 36 family apartments. Delta is a not-for-profit development company dedicated to developing homes for low and moderate incomefamilies throughout the eight counties ofWestern New York. Playing an active role in the arrangement is the Low Income Housing Development Law Clinic operated by SUNYAB-Law and under the leadership of Professor George M. Hezel. Making the announcement at the on-site press conference were Monsignor Henry J. Gugino, president of Delta Development of Western New York, Inc., Mr. John S. Crabbe, Delta project director and Mrs. Rosa Gibson, president of the Community Action Information Center (CAIC). The application has not been approved as of March 28, 1990. by John B. Licata Staff Writer The property, located at 564 Dodge Street, is presently owned by the Catholic Diocese of Buffalo which has agreed to sell a portion of the property to Delta Development. Masten Square Apartments will utilize 3.1 acres of the 7.2 acre site presently idle. CAIC is a non-profit organization that serves as a liaison between the community and area organizations that offer services to those in need. In addition it offers to the community such services as transportation for senior citizens and those with disabilities, operates a food pantry, sponsors block clubs and neighborhood crime watch organizations. Mr. Crabbe expressed the optimism felt at the press conference, "A recent study done by Professor Henry L. Taylor, Jr., of the State University of New York at Buffalo, contains a challenge to all of us to do something about the blighting conditions that exist on Buffalo's East Side. By procuring state funding for the construction of 36 units of quality family housing we can take a positive step forward on the East Side." Professor Hezel described some of the central differences between the Masten Square Apartments and previous low-income housing efforts in Buffalo. "I'm thrilled because we have strong community involvement through CAIC which makes this project a model for community development instead of development from on high." Hezel stressed the importance of low-income family housing which has (continuedOnpage 3) ing, this year's action was non-disruptive. Chanting "hey hey, ho ho, Steven Sample has got to go", the protestors gathered in front of the CDO office to denounce the policies of the university president, which have forced the Law School to allow employers with hiring practices in conflict with the faculty's anti-discrimination policy to use our facilities. Dave Steinberg, a law student who observed the protest said of the protestors, "They certainly have a right to protest in scope, "This isn't just happening at ÜB. Over half a dozen schools are currently engaged in battles on the issue. An outgrowth of this institutional discrimination is the private and public harassment of individual members of our legal commuThese nity, i.e. Sharon McKenzie institutional policies perpetuate stereo- .. types." — The protestors concluded by singing a homegrown version of the Battle Hymn of the Republic which proclaimed their it's their freedom of expression. I thought they were a lot more responsible this year. Last year they barred the doors." Troy Oeschner emphasized that the anti-discrimination movement is national readiness to fight discrimination. The highly popular chorus went "Discrimination is an evil / Discrimination is an evil / Steven Sample is a weasel / cause he lets it go on here" Protesters gather outside CDO — Buffalo Development Conference to be Held April sth and 6th How will Buffalo communities fare in the 1990s and beyond? What role can Buffalo community leaders and organizations play in shaping today's changes and Buffalo's future? These issues and others will be addressed this Thursday and Friday, April sth and 6th, at a conference here at UB Law School. As part of the Mitchell Lecture Series, UB Law School will host the event exploring "Buffalo Change & Community." The conference will be an examination of the recent history of community organization and development, and a look ahead to community based strategies for change in Buffalo. by Maria Germani The conference is an outgrowth of the Community Economic Development Clinic at ÜB, headed by Prof. Peter Pitegoff. Prof. Pitegoff hopes the gathering will provide momentum for the clinic in the future. Panel discussions and small group workshops will combine the perspectives of local community leaders, scholars, and national experts in community organization and development. The conference will offer an exciting and unusual collection of people, whom Prof. Pitegoff has called "nuts and bolts government folks with a real sense of equity and creativity." Community activists, nationally renown scholars and people active in the arts will all participate in the event. The keynote speaker will be Dr. Manning Marable, a distinguished professor of Political Science and Sociology at the University of Colorado, Center for the Study of Race and Ethnicity in America. Dr. Marable is a dynamic and prolific scholar/activist. He is well known for his controversial and challenging column, "Along the Color Line." The series of articles is published in over 150 newspapers in the U.S., England, the Caribbean and India. An influential spokesperson for Black and progressive policies in legislative circles, Dr. Marable is an advisor to members of the Congressional Black Caucus, and for various state and local Black and progressive public officials. He has held workshops on political organizing and public affairs education for labor groups, political associations and civil rights organizations. The conference will be an opportunity to reinforce the link between the law school and Buffalo communities, and as Prof. Pitegoff, put it, "will illustrate a role the law school and legal community can play in law school and community development." It is part of a plan to help out real community needs. In addition to the conference, the Buffalo Law Review is publishing a special issue in the Fall of 1990 entitled "Buffalo Change & Community." The conference is open to the public at no charge and students are strongly encouraged to attend. It is a good opportunity for them to learn much about Buffalo and where their community sits. — HIGHLIGHTS Statements from the SBA page 2 officer candidates .... Randell Adams, real-lite subject of film The Thin liluc Line, speaks as part of Human Rights Week page 3 . Michael Phelan Scholarship Award ... page 4 �SBA ELECTIONS Presidential Candidates Taunya Hannibal Fellow Law Students, I am Taunya Hannibal and I am running for SBA President. I believe that I am the most qualified candidate for SBA President. Experience is my main qualification. During undergrad at Canisius, I was elected President for two organizations. I also held VicePresident for an organization and two treasury positions. Currently, I am the SBA Treasurer. As SBA Treasurer, I am familiar with how SBA functions. SBA must work closely with the Administration and students. If elected President, I would strengthen SBA by continuing to support projects that reflect the concerns of the student body. I realize that some students want changes. I will listen to all suggestions and feedback. Because I am open minded, I can lend an ear to all student causes. I know that holding the position of SBA President will be time consuming. I feel that I am well organized and can handle the responsibilities. Most importantly, I want to help create an active and exciting school atmosphere for all students. Please vote for Taunya Hannibal as SBA President. Norbert Higgins I came to U.B. Law because it is an inexpensive state law school with a good reputation that will hopefully provide me with a solid legal education. I am running for S.B.A. Executive Board President because there are a number of issues that aggravate me and the students I want to represent. We want to help Get The Politics Out Of Law. The acceptable ideology at thisschool shrinks by the semester as pressure groups limit the parameters of debateand opportunity, claiming their money should not fund programs they dislike. If this continues, as S.B.A. President I would move to withdraw funding from every group and program, since the ideology ofevery group is going to be repugnant to somebody. If this school can't be dogmatic about tolerance, the whole rotten mess should be trashed and everyone can spend their student fees as they see fit. There is a disturbing propensity among many students and faculty here to view America, its legal system, and life in general as nothing but a front for oppression and inequality. While Critical Legal Studies and the reasoning behind the recent protests raise some valid points about our system, the movementseemstomeanalogous to thefable of the blind men and the elephant; but in this case the blind men scrutinize only the elephant's ass. Many studentsdo not want their career opportunities to be limited by pressure groups to Public Interest, Gay Rights, and scarce teaching jobs. As S.B.A. President, I would ensure thatthe media and the legal establishment hear the other side of the story. There seems to be a great deal of apathy about the 5.8.A., and few directors have said anything worth hearing this year. If I am elected, not only will next year be entertaining, but students will get to know all they could want about the proposals, debates, and voting record of the S.B.A. CAMPAIGN POINTS AND PROPOSALS I.The minutes of every S.B.A. meeting should be photocopied and posted in a prominent place so students can find out how representatives are spending student funds. 2.Ties should be strengthened with the National Bar associations and the Erie County Bar Association. U.B.Lawshould be more a part of the national establishment, not the isolated outpost of a dying ideology shared only with Fidel Castro and the millionaire's schools. 3.More career and academic counseling is needed for first-year students, many of whom are 'flying blind' when it comes to career possibilities, specialization, and the quality of their professors. 4.The Faculty Statement sucks and we're sick of it already. 5.A Buffalo Tax Law Society should be started. 6.Continue pressuring the faculty to get grades released faster. We read thousands of pages, they should do likewise, especially considering they are paid well for it. 7.The H-Q grading system is a good idea, but the faculty should be persuaded to describe the Q range in a more appealing fashion than "within the normal range of professionally qualified work." B.Since The Opinion publishes about half the issues it should; and since half these issues are filled with movie reviews, anti-Catholic cartoons, and the petulant ravings of peevish leftists; and since twice as many issues are printed than are actually read; funding for the newspaper should be cut in half. 9.National Lawyer's Guild funding should be withdrawn. 10.Halfof thefunding for the Prison Assistance Task Force should be donated to someone who has been robbed, beaten, raped, or otherwise fucked over by the dregs of society. Think for yourself, vote for Norbert Higgins, and Get The Politics Out Of Law. Vice Presidential Candidates JohnLicata I, John B. Licata, am interested in working as Vice-President of the SBA in order to further some of the projects I feel need support and direction in the Law School Community. Among the projects I support are the Loan Assistance Repayment Plan (LRAP), BPILP's efforts at obtaining student monetary support for fellow students interested in summer public interest internships, repeal of the Faculty Statement, activating the Law School Alumni to facilitate career planning of present law students. My qualifications for this position are basically my ability to work under pressure, smilewhen I want to strangle somebody, and determination to get a real answer from faculty members. Secretary Candidates editor on In The Public Interestand act as Treasurer for the Asian/American Law Students Association. Also, I work as an Assistant Hall Director in the undergraduate dormitories in the Ellicott Complex. As a Hall Director, I am responsible for supervising a staff of 16 Resident Advisors (RAs) in conjunction with another Hall Director, establishing disciplinary procedures, programming requirements, and responsibilities for my staff, interviewing RA applicants, and conducting job performance evaluations for my RAs. Being in a dormitory that provides space for cultural, educational, and entertainment events, I must communicate with many different organizations, and try to handle their needs regarding financial help, equipment requirements, and space allocation. Furthermore, I work as an Assistant Prosecutor for the University's student judiciary. I represent the University in prosecuting cases concerning all nonacademic matters. In my undergraduate university, I worked as a resident advisor, a teaching assistant for statistics, a computer consultant, a typist, and a dancer for a Chinese dance troupe, among other jobs, and was active in various student organizations. Between graduating college and starting here in Buffalo, I worked 13 months as a paralegal in New York City. As a paralegal I had to do legal research and statistical analysis and handle all types of correspondence to clients and to attorneys. I believe that my broad work and extracurricular experiences would allow me to be a productive Secretary for the SBA. Coordinating meetings, handling paperwork and maintaining correspondence, and working with various interest groups and individuals are some of the skills that I have had to develop and use to work successfully in my different jobs. I believe these skills will be useful for an individual contemplating the Secretary position. I hope you think so too and will vote for me. Thank you for your attention and consideration. Jerri Zang Treasurer Candidates Brian Carso Jerri Zang To My Fellow Students: I am running for the position of Secretary of theStudent Bar Association (SBA). I am interested in doing so because as a first year law student, I have benefitted from the various organizations and events the SBA sponsors. Thus, I want to participate in what the SBA does to fulfill its responsibilites to the students of this Law School to give back a little of what I have received. As a student here at Buffalo, I have had the opportunity to work in various organizations at the Law School and at the University of Buffalo in general. I currently work, among many other students, as an My name is Brian Carso and I am asking to be elected Treasurer of the SBA. As a first-year class director of the SBA, I have become familiar with many law school organizations, and the process by which they are funded. Previous experiences both in graduate school and in "the working world" have taught me how to administer a budget. I look forward to being part of an enthusiastic SBA Executive Board next year, and I would appreciate your vote. Buffalo Public Interest Law Program Announces Summer Internships The Buffalo Public Interest Law Program (BPILP) has announcedthe agencies that have been selected to receive BPILP funded summer interns. They are: Farmworker's Legal Services; Legal Services forthe Elderly, Disabled or Disadvantaged; 1. Farmworker's Legal Services is a statewide law firm that provides legal assistance to migrant and seasonal farmworkers. The migrant population is 60% African-American, 30% Hispanic, 10% are Haitian and from other Central American countries. Neighborhood Legal Services; Volunteer Lawyers Project; Legal Aid of Buffalo Criminal Appeals Bureau and the New York State Division of Human Rights Office of Aids Discrimination Issues. These farmworkers live in isolated labor camps. These camps lack telephones and workers seldom have access to transportation. Contact with lawyers or other service providers is through outreach to labor camps. During the season (May November) the legal staff of the program conduct outreach trips, providing legal education and information to farmworkers. 80% of all cases are developed during the outreach trips to the camps. — by Chris Thomas and Kathleen Welch The following is a brief description of each agency: Page 2AOTp4hinroel, 190 The Opinion April 4, 1990 - The intern will fully participate in staff meetings, case review meetings, intake and outreach. 2. Legal Services for the Elderly. Disabled or Disadvantaged is an area provider of free legal services. The legal issues to which the organization provides priority attention are health law (including Medicare appeals, Medicaid appeals, Medicaid-related spousal support matters, home health care matters, and private health insurance), Social Security old age and survivor benefits, and housing problems for the residents of the City of Buffalo. The clients served by the program will be residents of Erie, Cattaraugus, Chautauqua and Allegany Counties and the Seneca Nation of Indians. The intern will participate in direct client contact, case strategy sessions, adminis- trative law hearings, and investigation and preparation of cases for court and administrative hearings. 3. Neighborhood Legal Services is the largest provider of civil legal services to the poor in Erie County. It employs 22 attorneys in four substantive units: Administrative Entitlements, Disability Law, Housing Law and Family Law. This summerthe BPILP intern will work inthe Family Law Unit. The Family Law Unit specializes in the representation of battered women and also represents a significant number of clients in complex custody matters. The intern, under the supervision of unit staff, will (continued on page 5) �Thin Blue Line Subject Details Prison Ordeal On Monday, March 26, the Amnesty International Legal Support Network, as part of Human Rights Week, presented the film The Thin BlueLine. In conjunction with the film Randell Adams, who is the real-life subject of the film, gave a brief talk, and fielded a number of questions from the audience. by Andrew Culbertson Managing Editor The Thin Blue Line, written and directed by Errol Morris, is a documentary depict- Randell Adams ing events that led to the arrest and con- viction of Adams for the shooting of a Dallas police officer in 1976. Initially, Adams was sentenced to death and, although this sentence was overturned, he ended up serving 12 and 1/2 years in prison. The only problem was that Adams, if the film is to be believed, never committed the crime of which he was convicted. As the film makes painfully clear, the case against Adams was based more upon convenience than truth. The police officer, Robert Wood, and his partner had stopped a car which had been driving without its headlights. As Wood approached the driver's window, he was shot five times whilehis partner remained in the car. What followed the shooting is a virtually unbelievable chronology of misidentification, constitutional abuse, and judicial and prosecutorial misconduct. The driver of the stopped car, David Harris, when questioned by the police, implicated Adams, who had hitched a ride with Harris on the day of the murder. Harris, as it turns out, should have been the prime suspect (at the end of the movie, Harris all but admits his guilt in a taped interview). Not only had Harris stolen both the car and the murder weapon,but he had bragged to his friends about having killed a police officer. Nevertheless, the police arrested Adams, who insisted that Harris had dropped him off at his (Adams) motel hours before the crime was supposed to have occurred. Following his arrest, Adams was denied access to an attorney, interrogated for hours on end, and ultimately threatened at gunpoint to sign a bogus confession (which he refused to do). The case against Adams was so weak that several days into the trial, every television station in Dallas was of the opinion that Adams was innocent. Unfortunately for Adams, and this procedural irregularity is left unexplained by the film, the prosecution spontaneously produced three eyewitnesses who all claimed to have seen Adams in the stopped car around thetime of the shooting. Although the defense eventually uncovered facts which discredited most of this testimony, by this time the witnesses had mysteriously left town. In light of this latter fact, the judge, who the film portrays as biased toward the prosecution, wouldn't allow this evidence to be presented to the jury. Adams was ultimately convicted and sentenced to death. On an appeal to the U.S. Supreme Court (which was based on grounds of improper jury selection), his death sentence was overturned, and his sentence reduced to life imprisonment. Following a lengthy appeals process, he was eventually released from prison in 1988. Adams, somewhat refreshingly, did not come to UB to promote the film, or even offer high praise for what it did for his case. His talk was quite candid and touched on a range of subjects that included his views on the death penalty, his experience in prison, and some of the other procedural irregularities that surrounded his conviction. Since the audience was comprised mainly of law students, a number of questions specifically addressed the role that attorneys had played in his case. He described his trial attorney as having done "the best he could in a bad situation", but pointed out some disturbing facts about his attorney's relationship with the prosecutor. Not only did they both graduate in the same law school class, but they regularly played golf together. Apparently, his attorney was of the somewhat exaggerated belief that the prosecutor was "the best attorney in the world." While Adams was certainly grateful for whatthefilm didfor his case, he was quick to point out that "he wasn't going to win his release out of a theater." He estimated that the film upped his release by about five years, and gave more credit to the work done by his appellate attorney than to the movie itself. To Adams' credit, he appears to have made the most of an awful experience. During his stay in what Newsweek once described as the worst prison in the nation's worst prison system, Adams stayed busy, actually earning his college degree. Since his release, he has done the talk show circuit, travelledabroad to speak on the issue of human rights, and was even Facul GrAdopt Late Readessolutstyion On Friday, March 23rd, the thirdfaculty meeting of the Spring semester was held. The first item on the agenda was the late submission of grades by many faculty members. The grade deadlinefor the Fall semester is February 15th a deadline the faculty self-imposed a few years ago to address the same dilemma. (The original deadline was sometime in late January.) This year, only half the grades were reported by February 15th. Last month a petition with several hundredstudent signatures was given to Dean Filvaroff endorsing the SBA's call for action concerning late grades. — by Maria Germani Staff Writer Due to the loud outcry particularly from first year law students, three members of the Student Bar Association were at hand to address the faculty to seek the best possible solution to the grading problem. First Year Directors Jim Maisano and Mark Hirschfield and Vice-President Jim Monroe each briefly spoke about the concerns of their fellow law students regarding this issue. The SBA members were received with wide support by the majority ofthe faculty concerning students' discontent over late grades. After a lively discussion, the faculty overwhelmingly voted in favor (one nay vote) of a resolution which is hoped to cure the recurring late submission of grades. The resolution calls on the Dean to distribute a memorandum to each faculty member .. upon completion of thefirst semester, reminding them of the February 15th deadline to report students' grades and the detrimental consequences to studentsfor failure to do so. After the deadline, another memorandum will be distributed announcing any culprits who failed to meet the deadline. The resolution applies to courses only seminars are excepted. Dean Filvaroff spoke briefly about the effects of the late reporting of grades on students: the Financial Aid Office operates on the need for grades to be reported by February Ist. Students' financial aid is thus jeopardized by tardy grades. While there are mechanical ways things can be worked out, there have been incidents whereby, because grades were not posted on time, students' financial aid has been jeopardized, Dean Filvaroff finds February 15th a "generous deadline." According to Jim Maisano, some first year law students have encountered employment problems because of late grades. Prospective employers granted interviews contingent upon their receipt of a student's transcript, but because some grades were submitted late, opportunities were lost. The SBA's serious, yet unconfrontational approach was very effective. Monroe called attention to the unneccessary anxiety many first year students experience. "The [February 15th] deadline should be strictly enforced for first year, first semester students." Mark Hirschfield asked the faculty to work with the SBA on developing a solution. He noted, "we — Housing Project been largely "ignored by other developkids are hard on propers in the area erty." Most of the low-income housing on the East Side caters to the elderly occupant, a tenant known for low impact living and easy transition maintenence. Hezel gives credit largely to the students working on the project. Delta for backing the requirements of CAIC, and the Diocese for providing the property at a fraction of its value. Masten Square's want to work with you." Several faculty members proposed various enforcement mechanisms to assure compliance with the February 15th deadline. Prof. Ken Joyce, a self-proclaimed frequent violator of the deadline, proposed a strategy which worked for him, in effect, when he taught at Albany Law School. At Albany, no grades were posted unless all grades were submitted by the faculty. Pressure from colleagues as well as students was incentive enough to meet the deadline. Lee Albert, a graduate of Yale Law School, interjected that a similar policy was in effect at Yale and that he did not receive grades for his first semester until May. A few faculty members brought up several factors which contributed to the delay of grades, such as grading the exams of students with special needs, and correcting exams in a manner that explains the basis of the grade (as opposed to a graded exam with no comments.) Prof. Newhouse strongly objected to this last statement, noting that it was not a necessary tradeoff. He referred to the responsibility of professors to provide meaningful input and comments when grading examinations. Prof. Finley called for meaningful sanctions to enforce the February 15th deadline. Prof. Freeman, finding the February 15th deadline "much more than generous,", cautioned against sanctions calling them "delicate and difficult." "You're jumping into a can of worms if you discuss sanctions." — from page 1 proximity to Deaconess Hospital, the Sci- ence Magnet School, and Martin Luther King, Jr. Park provide advantages to the residents of the area and will hopefully generate a sense of community among the residents of the development. Ultimately, the apartment complex will be owned by CAIC and managed by James Management Corporation, a minority management firm which will provide at least twice the state required level of apprenticeships for minorities interested in management. There is plenty of local support for the project including State Senator Anthony M. Masiello, Assemblyman Arthur 0. Eve, Buffalo Common Councilman David Collins, and Catholic Bishop Edward D. Head. This coalition represents the diverse elements involved in the development and will hopefully convey the sense of necessity for such a project in the depressed East Side of Buffalo. scheduled to testify on the death penalty before the New York State Legislature. By Adams' own admission, however, he is still unable to sit down and contemplate what has happened to him. One of the reasons he enjoystalking about his experience is because it helps him to cope with it. When one looks beyond the movie, the media appearances, and the semicelebrity status Adams has achieved, one sees a very normal individual. Yet, he is an individual who experienced, and survived an ordeal that no individual should ever have to endure. BUFFALO CHANGE & COMMUNITY Schedule of Events Thursday, April 5, 1990 7:00 pm Keynote Address Dr. Manning Marable Friday, April 6, 1990 8:30 am Registration 9:00 am 9:2oam Room 106 Introduction: Welcome: David Filvaroff, Dean, UB Law School Introduction: Peter Pitegoff, UB Law School Panel Discussion #1: "Community Organization,Fragmenta- tion and Change" Panel: John Mohawk, UB Department of American Studies; Barbara Banks, The Cha//enger;Susan Turner, University of Michigan Respondent: Ken Galdston, Merrimac Valley Project Moderator: Henry Taylor, UB Dept. of American Studies, Center for Applied Public Affairs Studies 11:00am Small Group Meetings: Workshops will give conference participants an opportunityto discuss community based strategies for change in Buffalo, from fourdifferent perspectives: GroupA: Community Organizing Panel: Bill Gaitor, Institute for People Enterprises; Dick Harmon, Brooklyn Ecumenical Cooperative; AnnWilliams, Private Industry Council; TonyLuppino, Citizen Action of NY Respondent:Fr. Roderick Brown, Catholic Diocese of Buffalo Moderator: Stephanie Phillips, UB Law School GroupB: Labor and Community Panel: Tom Monaghan,United Auto Workers Region 9; Lou Jean Fleron, Cornell Institute for Industry Studies; Roger Cook, WNY Council on Occupational Safety and Health Respondent: Dan Swinney, Midwest Center for Labor Research Moderator: Larry Flood, Buffalo State College Dept. of Political Science Group C: Government andLocal Development Panel: Sharon West, Erie County Dept. ofEnvironment and Planning; Lee Smith, Industrial Cooperation Council; Larry Rubin, Buffalo Commissioner ofCommunity Development Respondent:Jesse Nash, Canisius College Moderator: Frank Munger, UB Law School GroupD: Community Economic Development Panel: Danis Gehl, Kensington-Bailey NeighborhoodHousing Services; Charley Fisher, 78 Restoration Housing Corporation; Ken Sherman, Citizens' Alliance 1:15pm 3:15 pm Respondent:Andrew Rudnick, Greater Buffalo DevelopmentFoundation Moderator: GeorgeHezel, UB Law School Panel Discussion #2: Community Capacity and Buffalo's Future Panel: Lorna Hill, Ujima Theater; James Pitts, Buffalo Common Council;Rick Hill, UB Dept. ofAmerican Studies; Bruno Freschi, Dean, UB School of Architecture and Planning Respondent:Richard Schramm, Massachusetts Institute ofTechnology Moderator: Michael Frisch, UB Depts. of History and American Studies Further Questionsand Concluding Remarks Peter Clavelle, Mayor, Burlington, Vermont; Muhammad Kenyatta, UB Law School SBA ELECTIONS AND REFERENDUM APRIL 4 & 5 Elections for Student Bar Association President, Vice-President, Secretary and Treasurer are being held Wednesday and Thursday, April 4 and 5 in front of the law school library. As part of this year's elections, a 'Referendum' is being held on the Grading Policy to be employed at this school. Further information on the SBA candidates and on the Grading Policy alternatives are contained in this issue. Uninformed consent is not consent at all. Be an informed voter. The SBA has an impact on the quality of life at this school not only for the coming year, but for many years to come. April 4, 1990 The Opinion 3 �Phelan Scholarship Created A scholarship award has been created to honor Michael Phelan, a third year law student who passed away suddenly last October. Michael transferred to UB at the start of the current academic year. Like many of us, he had returned to school some years after earning his undergraduate degree. He was supporting himself by working two jobs, one of which was bartending. It was while on duty at that job that he died, possibly due to a head injury he had received four years earlier. While the obstacles he faced and the hectic schedule they necessitated prevented Michael from pursuing many extracurricular activities, those who had the pleasure to know him also had the benefits of his engaging personality and his obvious loveof the law. Hisfamily history involved commitment not only to the profession of law and the vocation of justice, but also to the pursuit of these ideals in the field of public service. It was clearly important to Michael as well; it was how he viewed the law. by Kevin S. Doyle In order to honor Michael and assist those attending law school under similar circumstances, the Hibernian Law Society has created a scholarship fund in his name. The scholarship will be awarded each year to an incoming student, who will receive $100 at the start of each of his three years in law school to help defray expenses. Professor Ken Joyce is assisting in the structuring of the scholarship fund, which will probably take the form of a twenty year annuity. The criteria for the selection of the recipients is still being determined, but the award will be open to all persons who have been officially accepted and have matriculated at the University at Buffalo School ofLaw. In order to have the award in place for Fall, 1990, the Hibernians must raise approximately $2,700. At a Happy Hour last month, we raised $300 and the Phelan family has graciously pledged another $500. Mr. Steve Rubin, a representative of Bar-Bri, has generously donated one $750 discount and three $250 discounts on the full tuition of a Bar-Bri New York Bar Review Course to the Hibernians as raffle prizes. These donations will be fully assignable and can be used by any student currently in the law school. If a student has already paid for the Bar-Bri course, these discounts may be used to obtain a refund. I would urge everyone to support this worthy cause and take advantage of what ought to be pretty good raffle odds. Raffle ticket prices are still being worked out, but will probably cost around $3. Further information will be placed in everyone's mailbox in the very near future, if it hasn't been already. The Hibernians are also planning a Downtown cocktail reception for students and the local legal community sometime this semester and our First Annual Golf Outing at Elma Meadows during the last week of classes. Both events will benefit the Michael Phelan Scholarship Award fund. Please look for details of these events in your mailboxes and on the message boards. The following errors were made in last issue's Grade Chart: 1. The February 15th date was the deadline for submitting grades, not posting them. 2. Professor Swartz's Family Law grades were in fact submitted on time for the deadline. 3. Professor Newhouse's Comparative State Constitutional Law Grades were posted in early January and were not late. Only 3 Days Left!! BPILP WORK A DAY IN THE PUBLIC INTEREST PLEDGE DRIVE THIS WEEK APRIL 2 THRU APRIL 6 — WORK A DAY In the Public Interest PLEASE SHOW YOUR SUPPORT AND DONATE TO FUND SUMMER INTERNSHIPS PLEDGES ARE BEING TAKEN ON THE SECOND FLOOR, O'BRIAN HALL HELP THIS WORTHY PROGRAM CONTINUE! ATTENTION: Law School Student Body IN RESPONSE TO THE LAW SCHOOL ADMINISTRATION'S DECISION TO SEIZE THE FOURTH FLOOR STUDENT LOUNGE FOR THEIR OWN PURPOSES, DESPITE AN SBA RESOLUTION TO THE CON- TRARY, THE SBA HAS SENT THE FOLLOWING LETTER TO DEAN FILVAROFF, DEAN COOK, DEAN HALPERN, DEAN SCHLEGEL, DEAN CARREL AND DEAN NEWELL. WE HOPE THAT YOU WILL SHOW YOUR SUPPORT IN OPPOSITION TO THIS GROSS INJUSTICE BY JOINING THE SBA IN ANY AND ALL ACTIONS TAKEN AGAINST THE ADMINISTRATION SHOULD THEY REFUSE TO COMPLY WITH OUR REQUEST. dent Bar Association Board of Directors that the administration has callously appropriated the Fourth Floor Student Lounge for computer set-up and training of administrative staff. We are appalled that this action was taken, in light of the SBA resolution opposing the misuse of our student lounge in this way. Not only is this seizure completely insensitive to student needs near the final examination period, but arrogantly disrespectful of the voice of the student body. The SBA demands immediate return of the lounge or, in the alternative, thatother space be provided for student use. If this situation is not rectified at once, students will be compelled to take direct action. The SBA expects an immediate resolution to this situation. Dear Dean Filvaroff: It has come to the attention of the Stu- 1L * Sincerely, The Student Bar Association Jj null wKm\- '___ Arthur wLm Miller 818 Get an early start on New York Practice and Procedure (CPLR) and get an early start on the New York Bar Exam. Prof. Miller's course on New York Practice will be offered live in New York City and on audio- or videotape in locations throughout the United States. For further information, contact your local BAR/BRI representative, or: , dad/ddi unn/unl I N 2 Date: SATURDAY, APRIL 7TH Time: HAM TO SPM ponvr mo Plar<»» kuum ivy ri<K.e. ™"™"""™"■"—"^"—■^™~ B H 4 5k36N96 10001 CPLR Mini-Review: An Overview of New York Practice and Procedure The Opinion April 4, 1990 Bk Bk^lßk. AVBB^Mi^HkMV^ I 5 ,———— �The H/Q: A Gag Prize Behind Door Number Three Houdini once said there wasn't a shackle he couldn't get out of. Ronald Reagan had a similar teflon quality. Likewise, chasing down the arguments in support of the H/Q grading system is much like trying to pick up a tomato seed with a fork. But it can be done once you debunk the myth about the value of the Q grade. The Q is a C, ipso facto. It is explicitly defined as a C in the legend which accompanies every transcript sent out by this school: "Q Qualified Professionally qualified work within theNORMAL RANGE of performance" (emphasis added). The Grading Committee Report (GCR), which proposed the H/Q system and explained the rationale behind it, defines the Q as: "A qualified grade (which) indicates the minimal performance required to complete the course satisfactorily" (GCR at 9, 11 2). — by Gary B. Ketcham Staff Writer A few have argued that some prospective employers do not translate the Q as a C, but rather are lulled into believing the grade is a B or a hybrid thereof. This is curious, since the proposition flies in the face of overwhelming evidence to the contrary. The definition is explicit. The norm, the average, represents a C. The argument that the Q somehow equivocates itself in to a B defies the simple logic of the axiom that, "where there is ambiguity, the document is to be interpreted against the drafter, who was in a position to make it unequivocal." You needn't be a psychoanalyst to figure out that the H/Q system represents an attempt at systematic prevarication. This much everyone concedes. A prospective employer, confronted with a straight B student on one hand and a straight Q student on the other, is going to rank the B student higher. It's that simple. The pretentiously optimistic notion that the Q equivocates itself into a B is unconvincing sophistry. Perhaps a Lincoln anecdote would be instructive: "If you call a tail a leg, how many legs has a dog? Five? No; calling a tail a leg don't make it a leg." The Q is a C, ipso facto, and no amount of abracadabra incantations is going to change that unfortunate fact. Once we come to grips with this unrelenting fact, we will realize that both the 'high achiever' and the 'minimalist' are better served by the traditional grading system. The mini- malist can coast through a course and get the same C grades, and probably numerous B's due to the somewhat spurious, subjective nature of the grading activity itself. The high achiever will most often get a B for exorbitant sacrifices, whenever she narrowly misses the A grade. The H/Q system lacerates the 'high achiever' who has made an exorbitant sacrifice, but falls just short of the H. That student gets a C instead of a B. The message here is clear. And that message has the word "chump" written all over if For this reason the H/Q system is dishonest. For this reason, it creates a disincentive for students to bust their tail for a high grade, and it fosters mediocrity and minimalism because you can sleep through a semester and get the same C grade (in theform of a Q). The minimalism which it encourages is evidenced by the fact that, at the 'Grading Policy Forum', the central droning theme in defense of the H/Q was the argument that it enables the student to lay back in certain courses without being put under pressure. Although this is no more true for the H/Q than for the traditional grading system, the perception reveals the minimalism which the H/Q conceptually fosters. The GCR expressed faculty awareness that the H/Q system created a synthetic elite class at the top of the heap due to the artificially monumental gap carved out by the H/Q system in order to generously separate the H grades from the rest of the pack. In fact, the Report cited as one of thethree "effects" of the H/Q grading system, the fact thatit would "encourage students to strive mightily for an outstanding grade in order to distinguish themselves from the mass of their colleagues" (GCR at 20, 113) (emphasis added). What blistering irony that the most prevalent argument in defense of the H/Q is the contention that it mitigates competition, while in fact, it ratchets up the competition in an all or nothing skirmish for the all important H grade. A grading policy predicated on systematic prevarication designed to spawn and protect an eliteclass and a minimalist class, at the expense of a substantial number of industrious students in-between, is repugnant to a just mind. And the fact that this school has failed to recognize this injustice and rectify it, is much to its discredit. It is interesting to note that the GCR was established "in response to expres- COMMENTARY: Profession Needs Higher Consciousness During lunch at a yuppie pub, I overheard an attorney say, "If a lawyer wants to win a case at trial, he doesn't look at thefacts or the law to be applied, he finds out how the game's going to be played." I do not object that this stranger was so witless, I do not object to that so much, I object that he was so accurate. Socrates said, "Dear is Plato, but dearer still is truth." Dear are the clever strategems of the legal profession, but dearer still are those who must live the consequences of these maneuvers. Too many lawyers have identifed with the mighty and cunning, rather than the simple, ordinary citizens who daily face problems that seemingly defy solutions. by Jerri B. Gordon It has been said that if lawyers did not 'speak in tongues,' they would be out of work. I disagree. Success does not come to the profession by way of complicated language or sentence structure, it comes from practicing law with integrity, skill and compassion. Advocate is from the Latin, advocatus, which means "one summoned to aid." Until mankind recognizes he truly is his brother's keeper, there will always be a need for advocates to help untangle the inequalities in which men find themselves. The power of the law must be used to confront the injustices pervading this country. We cannot continue to deny every individual the veritiesof this life be- cause we will not recognize his right to live them. It is, in my opinion, far better to be loving than right, because life does not stand still. What is perceived absolute and right today, may seem barbaric and absurd tomorrow. Every man, woman, and child on this earth are in different stages of evolving. Which of these can anyone say is right? The law's responsibility must be to protect everyone's right to evolve and to see that he learns his lessons well. Our nation's watchword bears this timeless perception, c pluribus unum, "one out of many, or unity out of diversity." To achieve this, our lawmakers must develop compassion. This is not the same as a sentimental attachment to mankind, but rather a mode of conduct, an attitude, a rescue by considerate, consistent rules. No matter how chaotic and confused and weak the masses may appear to be, they are infinitely good and wise, simply needing laws and leaders to nourish this greatness. If little men are allowed to continue to undermine the whole structure and misuse the laws that gave them birth, we will surely not endure in a civilized manner much longer. When the legal structure has been satiated, whether by greed or ignorance or self righteousness, the "poor in spirit" will always pay the price. Law, like the mind, is a powerful tool, but when turned on itself, can become a dangerous weapon. Ruthless pedants may create shields of illusion to preserve them in our courts, but they will never withstand the crush of the world. sions of concern raised by faculty members", NOT by students (GCR at 1, 11). The faculty wanted to streamline the valuation process (grading procedure) because it felt the B distinction created a burden for the faculty (GCR At 1,11, and at 8, 12). This becomes doubly ironic in light of the fact that the concerns of the students were entirely different. The Report states: "The discussions with stunearly dents revealed a significant fact all problems and criticisms eventually could be traced back to the ranking system" (GCR at 1, 12). It was the ranking policy that was responsible for the cutthroat competition, NOT the grading system. The ranking system is an entirely separate and distinct issue. This school can refuse to rank students under thetraditional grading system just as well as under the H/Q system. The ranking change was prompted by student concerns; the grading change (to the H/Q) was prompted by the faculty desire to simplify the valuation procedure. This is ironic as well, since the chief concern aired intheGCßwastheinherent danger of oversimplifying the prospective employer's valuation task by reducing it to a mindless, one-dimensional, singlecriterion exercise that looked only at a student's rank, while ignoring other relevant, diverse indicia in the student's record (GCR at 16-19; arguing against the ranking policy). While the GCR was doling out this insightful lecture from the pulpit, it proceeded to construct just such an oversimplified procedure for the faculty by — proposing what is, essentially, an oversimplified, two-bin sorting operation (the H/Q system), which keeps the faculty from having to think too hard about the grades they're doling out in wholesale fashion. For example, no instructor I spoke to was aware that the Q is defined as a C. Professor Engle stated that it wasn't his intention to give a C when he doled out a Q. It is absolutely incredible that an untold number of instructors have dispensed an untold number of C's for an untold number of years without realizing it. This would seem to indicate an extraordinary level of complacency, and it suggests the extent to which the faculty is divorced from the realities of the law school policy. At a minimum, it substantiates the claim that the H/Q system enables instructors to mechanically dole out grades without thinking too much about its significance. Upon being informed of this significance, most instructors have responded with utter complacency and indifference, presuming the impact to be inconsequential. They have become desensitized to the impact of their actions, and this insensitivity accounts for their inertia, and the abdicationof theirresponsibility to become informed. The evidence here is clear. The studentbody at this school should throw this lacerating, errant imposture (the H/Q system) out into a receding snowbank where it can be washed into the sewer system where it belongs. Vote for a return to the traditional grading system in the April 4 and 5 Grading Policy Referendum. UMOJA to Present Cultural Show Umoja, which means unity and oneness in Swahili, was founded at UB Law School in the Spring of 1989by seven law students: Jennifer Prescod, Valda Ricks, Beverly Britton, Yvette Robertson, by Tuwanda Rush Tuwanda Rush, Mushiya Kabemba, and Onnie Barnes. The group was originally a social dance group, designed to combat the daily stress oflaw school. After a short while, they decided to stage a cultural show to display their talent, as well as a variety of talent from the Buffalo community and the law school. The show was held on March 10,1989. Umoja performed an African dance, a contemporary dance, and an African fashion show. Those who attended proclaimed it a huge success. This year, Umoja will be holding its second annual cultural extravaganza on Thursday, April 12, 7:00 PM, at the Katherine Cornell Theatre. The group encourages all to attend. Tickets will be on sale in front of the Law Library during the week of April 2nd and April 9th. Public Interest assist in client intake, do legal research, prepare memoranda, and, if the opportunity arises, assist in trial preparation. 4. Volunteer Lawyers Project (VLP) is a free civil legal services program which coordinates and assists volunteer attorneys in the provision of pro bono legal services for indigent individuals and nonprofit groups with charitable purposes. VLP provides services in a wide variety of cases, including family law, bankruptcy, immigration, consumer/contract, tort defense, landlord/tenant, income tax, real property, small estates, willsfortheterminally ill, not-for-profit incorporation, and other types of group representation. The intern will work directly with the managing attorney and the staff attorney. A variety of skills will be developed. The intern will conduct client interviews on a variety of types of civil legal problems, manage their own case files, and present case reviews. The intern will be responsible for legal research and writing on assigned cases and may provide the actual representation in administrative or judicial hearings. Second year students are preferred although highly qualified first year students are encouraged to apply. 5. The Legal Aid Bureau of Buffalo Criminal Appeals Bureau perfects felon criminal appeals for presently incarcerated persons. The BPILP intern will be expected to perfect such an appeal. This involves correspondence with the client, reading and analyzing the trial transcript, spotting errors in the proceedings, researching the legal issues involved in the case, writing an appellate brief to the Fourth Department, and arguing the case before the court when the case is scheduled on the calendar. Prerequisite courses include Criminal - from page 2 Procedure, Criminal Law and Evidence. 6. The Division ofHuman Rights-Office of AIDS Discrimination Issues is a statewide office responsible for the intake and investigation of alleged AIDS-related discrimination complaints. The Office also conducts outreach, education, and liaison functions. The intern will be supervised by an attorney and will be responsible for complaint screening and interviewing, case management and investigation, drafting determinations, legal research and writing, and education and outreach. The BPILP internships are funded from money raised from last year's "Work a Day in the Public Interest" pledge drive. Further information on these agencies is on file in the Career Development Office. COMMENCEMENT COMMITTEE ANNOUNCES FINAL BAKE SALE We know, you're tired of hearing about bake sales. Trust us, we are tired of holding them but we must hold one last sale, The Senior Class Kick Butt Bake Sale, to raise the final $200.00 needed to pay for the faculty and staff awards and the postceremony reception. We appreciate the support you have shown thus far. Many of you have contributed your baked goodies and/or your money to our earlier sales. This is the final opportunity for the rest of you to be a part of our fund raising efforts. Please bake a dozen of anything edible and bring themto our table on the second floor on Wednesday, April 18,anytime between 9 and 2. If you bake 'em, we'll sell 'em. If you can't bake, contributions to our fund will be gratefully accepted the day of the sale. Please help us reach -our goal so we can all enjoy the type ofreception we deserve. April 4. 1990 The Opinion 5 �THE OPINION MAILBOX , STATfc I MYTRM I YOK MAX Student Alleges Police Racism Y( )RK AI HUf-FALO Si .HOOL. I >F LAW April 4, 1990 Volume 30, No. 12 EDITORIAL BOARD: Editor-in-Chief: Donna Crumlish Managing Editor: AndrewCulbertson Business Manager: News Editor: Features Editor: Photography Editor: Maria A. Rivera Bruce Brown Michael D. Gurwitz JeffMarkello EDITORIAL: Take The Time To Participate In The Buffalo Conference This is a busy week at U.B. Law School. S.B.A. elections, the BPILP fund drive, budget hearings for student organizations and the "End of the year Social", are all on the agenda. There is also another event which merits the attention of all students and faculty. The Mitchell Lecture Series is assisting in underwriting a conference entitled "Buffalo: Change and Community" (see article on page 1). The conference will take place tomorrow and Friday and may be one of the most interesting events of the year. The city of Buffalo will be home to many of us after graduation and even those of us who won't remain in Buffalo have probably worked downtown at some point in our law school careers. Perspectives on the future of Buffalo vary. Many of us who have lived in the area for most of our lives, have felt that there has been a recent upswing in the economy, in government and in the attitude of residents. This past year however has provided many disappointments as we've watched long time employers lay off workers and scandal invade city government. Buffalo, hence is often a study in contrasts and thus may be one of the key areas in the country for the study of community and economic change. UB Law, in fact has been a trend-setter for many law schools across the country with the establishment of its Community Economic Development clinic. As members of the Buffalo community we owe the city our participation in the conference on Thursday and Friday. The more persons who become educated on what they can do to help, the better the chance that Buffalo will one day be the thriving community it once was. Final Words From A Tired Editor-in-Chief This will be my final editorial as editor-in-chief of The Opinion. The next issue will be put out by the new editorial board. As such, I felt that I would break from the traditional format and comment on some of the things in this issue and the newspaper in general. First, The Onion. A parody issue is always troubling and this one was a long time in the making. It is difficult to put together from a layout standpoint and hard to get parties to write funny articles (there is a great fear of writing something that you think is funny but no one else does). We are particularly proud of this parody, however, as we took great pains to be funny and to try not to offend (although taking offense is a very individual matter). Sometimes that which is most funny is that which is most ridiculous. What could be more ridiculous than Professor Blum joining the war on drugs, the Federalists merging with the National Lawyers Guild or Professor Finley stopping her crusade for women's rights? The fact that so many of our faculty members and student groups can be easily identified with a "cause" is what makes this law school unique. As for the "real" Opinion. I am choosing not to comment on the F. 8.1, protest (YEAH!). I have already commented (above) on the "Buffalo Change and Community" conference which I feel to be very important. What I do want to comment on now is "Across The Nation". Putting together "Across The Nation" has been one of my favorite tasks. The differences among the law schools and law school newspapers are startling. I was amazed to discover that some law schools have their own cafeterias and gyms (although not a necessity a nice convenience) and some law schools have all they can do to keep their walls standing. One of the most remarkable things I have read this year comes out of Pace University law school and is excerpted in this issue. If you thought we had problems with the invalidation of one of the New York Practice exams last semester, you should see what a mess there is at Pace. Students are in an uproar because they had no say in the Dean's decision to order the regrading of 170 exams by a faculty panel. This will be a true learning experience for the administration who are going to have to set forth a policy for the invalidation of exams and do something about a very controversial instructor. Finally, a comment about objectivity and The Opinion in general. As an editor I quickly found that it is impossible to please everyone. Few issues have gone by without comment from students or faculty about the way a story was written. The most common critique was that a particular story was not objective. Objectivity is key to any news article but is difficult to achieve. This is particularly true in a situation where all the writing is done on a volunteer basis. If people are not allowed to write what they want they will not write anything. As editor-in-chief I have always asked writers to try to stay objective and have made suggestions to them on how they can achieve objectivity. That is as far as my power goes however. This is not the New York Times, I can not threaten to cut a writer's salary or fire him or her if I don't feel he or she is totally objective. Only in rare circumstances does the Editorial Board choose not to run an article. The reason for this is thatthe only incentive writers have to keep on writing is publication and if we didn't publish most of the stories we receive we wouldn't have a newspaper. So, when the next editorial board takes over and you feel the need to criticize the content of a story, remember that if the people that take the time to write and produce the paper can't write what they want, there will be no newspaper to criticize. Christina A. Agola, Ted Baecher, Nathaniel Charney, Len B. Cooper, Maria Germani, John B. Licata, Mary Clare Kane, Gary Ketcham, Darryl MacPherson, Jim Monroe, Andrea Sammarco, Maria Schmitt, Sandra Williams Staff Contributors: Kevin Doyle, Jerri B. Gordon, Tuwanda Rush, Chris Thomas, Kathleen Welch ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are notnecessarily those of the Editorial Board or Staff of TJie Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by SBA from Student Law Fees. The Opinion welcomes letters to the editor but reserves the rightto edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in law school mailboxes 59 or 60 by the deadline date. Deadlines for the semester are posted in the mailroom and outside The Opinion office, 724 O'Brian. 6 The Opinion April 4, 1990 To the Editors: About two weeks ago, a non-profit group based in Washington, D.C., found that in 1989 almost one out of everyfour AfricanAmerican males was in jail, on probation, or paroled. These statistics are shocking and irrefutable, but hardly surprising. The main reason for this crisis is, of course, white racism and the underemployment of the black male. Racism is an integral part of this nation's social, political, and economic development in light of the fact that America owes much of its incipient greatness to the institution of slavery. Racism isa phenomenon whichhas been bred, sustained, and perpetuated by ignorance, but which, fortunately, may be combatted with education. By education I mean thatAfrican-American history, which has been virtually ignored by white historians, should be taught in the primary, secondary and post-secondary learning institutions, and in the criminal justice system. Without this kind of education, law enforcement imperatives premised upon racist assumptions will continue to deprive theAfrican-American community of its men. The men, however, are not the only victims. As an African-American woman, I, too, have been subjected to the brutal racism that perpetuates our society's system of law enforcement. On Monday, February 26, 1990, I visited the Amherst Police Headquarters at 500 Audubon Parkway to collect a police report regarding an accidentthat occurred on Friday, February 23, 1990, in which I was involved. Upon careful review of the police accident report, I noted materially false statementsand omissions which I immediately challenged and sought to have corrected. Most disturbing was the fact that the report indicated that one of the causative factors relative to the accident was my "unsafe speed." Since the reporting officer was not present at the scene when the accident actually occurred, and neither the other driver nor witnesses informed the officer of such a "fact," I wondered where he had gotten such false information. In addition to the materially false statement thatI had been driving at an "unsafe speed," the report also omitted material information. First, the report did not indicate that the other driver had been approaching on-coming traffichead-on while driving on the wrong side of the road. Secondly, there were four witnesses present who informed the officer of this fact, but he refused to write it down. Thirdly, the report did not state that of all the witnesses present, all were in my favor. Fourthly, I had to insist thatthe reporting officer write down the names and addressesof the witnesses, and even then he (continued on page 11) Eyewitness Supports McKenzie Claim Dear Sirs and Madames of The Opinion: I write to offer a first-hand account of the accident that occurred last February 23rd, involving Ms. Sharon McKenzie and another driver. I was a witness to the accident, in contrast to Messrs Dave Universal, Dean Candino, and Drew Miller who were not, but whose opinions nonetheless appeared in the March 21, 1990, Spectrum. Universal and Candino commented that a police officer is entitled to more credibility than an ordinary citizen. I do not say that I am entitled to greater credibility than a police officer simply because I am an Asian-American UB student who attends law school. I do say that I, in contrast to the reporting officer, actually witnessed the accident when it occurred. Like many other students that fateful Friday night, my friend Dorchell and I had a dinner engagement and were southbound on Millersport Highway, approaching the overpass over Maple Road. Suddenly, we observed the white headlights of another car and Ms. McKenzie's car approaching each other. Millerconcludes that Ms. McKenzie was at fault for having failed to avoid the other car which was going in the wrong (northbound) direction in the southbound lane because Millersport is "four lanes across." In actuality, there happens to be a steel barrier separating the two southbound lanes from the two northbound lanes. Additionally, the road condition was icy and visibility poor; that my car narrowly missed the two-car pile at the center of the two southbound lanes on Millersport, I credit more to luck than to my driving skills. We stopped to render assistance and to be witnesses. Only after the reporting officer ignored and twice refused to put Dorchell, who is African-American, down — — as a witness, did I demand to be put down as a witness. Miller implied that because some of the witnesses are "friends" of Ms. McKenzie they are not as credible as the white witness who was listed. I happen to be a friend of Ms. McKenzie, whilst Dorchell is at best an acquaintance of hers. The issue of witness relationship was never raised or discussed by anyone until now. How the reporting officer was able to deduce them that night and conclude thatthe one white witness was singularly sufficient and reliable as a witness to the accident continues to elude me. I also fail to see, as per Miller's contentions, how listing the names of more than one witness on the accident report would make the report more "complicated." Nonetheless, we saw what we saw, and what we did not see, and in no way join in the police officer's opinion that Ms. McKenzie was driving at an "unsafe speed," nor do we conclude, as do the non-witness opinions of Universal, Candino and Miller, that Ms. McKenzie was otherwise at fault. Our conclusions are supported by the one white witness. I am confident that the racist ignorance and faulty logic of persons such as Universal, Candino and Miller will find no joinder from rational beings. More frightened am I of the possibility that an "official" police accident report containing materially false statements and omissions may someday hurt an innocent person who has no supporting witnesses to contradict it. Most frightening ofall is that an innocent person such as Ms. McKenzie was cursed at, arrested and detained for having the audacity of challenging a police report that is contradicted by all of the witnesses. — Sincerely, Joseph de Dios-Valerio Grade Challenges Subject to Statute ofLimitations grade To the Editor: I. would appreciate it if The Opinion would publish the following policy that the Faculty Student Relations Board has developed. A petition thatseeks FSRB consideration of an issue that affects a student's grade will be consi- dered timely only if the FSRB Chair receives it not laterthan the last day of classes in the semester following the one in which the grade is submitted. For example, if a student wishes to present a subpetition challenging a mitted in February, he or she would be able to do so until the last day of classes in the following December. For this purpose, a grade submitted later than June 30 will be considered submitted during the fall semester, so that a petition could be filed until the last day of classes in April. Thank you. Yours sincerely, Marjorie Girth Professor ofLaw �GROUND ZERO What's So Funny 'Bout Sex, Drugs and Rock and Roll? Let's talk about drugs. Picture this (if you will). The year is 1980. It's Friday night, and all the college kids are flocking to the student union to watch the weekly Bugs Bunny cartoon and movie. Hundreds of students settle into their chairs and, asthe lights dim, take outtheir joints, pipes, or mini bongs and light up. Other people drop various chemical substances, if they haven't done so already, and still others pull bottles of alcohol out of their clothes. The room fills with marijuana smoke and laughter as Bugs smashes in Elmer Fudd's head. Campus security stands by in case there is any real trouble. That's it. Nobody is yanked out of their seat, nobody is arrested, and nobody has a confused official screaming "Just say No!" into their face. by Michael D. Gurwitz Features Editor What a difference a decade can make, eh? Yesterday's nonfiction becomes today's cutting-edge science fiction. The above scenario, needless to say, was true. It occurred all the time at my alma mata (what the hell does "alma mata" mean?), Brandeis University. In 1980, Brandeis was a highly regarded university with competitive admissions. And yet its students, future doctors and politicians and business people and lawyers, regularly and openly engaged in casual drug use that today would have Billy Bennett popping veins in fury. But times, and presidential administrations, change. Back in the good old seventies we had Jimmy Carter, a president who made human rights a top priority. There were no drug czars back then, and NORML (the National Organization for the Reformation of Marijuana Laws) was hard at work. We all know what happened after Carter: Evil Empires, aid to ruthless dictators, screw the poor, and, most of all, Just Say No (sponsored by the Partnership for a BrainFree America). Let me offer you a personal observation which I believe will help put the current drug war in some perspective. When I was a freshman, the drug ofchoice at Brandeis was pot. None of this high-priced, superpowerful sensimilla stuff, either. It was Columbian gold or Mexican whatever, and it cost about $50 an ounce. Friends could get together and get high all night, squinting at the funny black light posters, listening to Jimi Hendrix or Tangerine Dream, and earnestly discussing philosophical subjects in profound yet idiotic ways. Walk into somebody's dorm room and living room and there it was, a multicolored two foot tall bong: "Have a hit, dude." In 1981, some remarkable things happened to the nation and at Brandeis. Reagan happened to the nation. At Brandeis, cheap pot started to disappear, only to be replaced by highly expensive bags of seedless sensimilla. No more communal bonging this stuff was way too expensive for that. An intriguing white powder called cocaine started showing up everywhere. In 1980, it was big news when you heard that some of the guys pitched in and bought Joe a gram of coke for his birthday: How much is a gram? A hundred dollars! What's it like? Nah, he won't give you any, I hear he's only sharing it with his roommate. One year later it's close the door, chop chop chop, want a line? — I saw it happen. J'accuse! Reagan became president and cocaine replaced pot. Pot and coke produce two different effects, something like We versus Me. I won't bore you with the details about the rest of the decade, just the generals: yuppies. Wall Street, ethics-shmethics, charity-schmarity, Hi-C (CIA-Cocaine-Contras), blah blah blah at least he's not president anymore, but look what we have now, and, oh year, JUST SAY NO! What's this, a seed under the floormat of your car? Okay, nasty boys, zero tolerate the house and the car and the bank account and fine this guy $10,000 and print his liberal name on the front page of every newspaper in the country. We're seriousabout this war, see? Another anecdote, this time about the FBI. Seems Willy Webster's goon squad is making waves at ÜB. Congratulations are due to the organizers and participants of this year's protest outside of CDO. Unfortunately for me, I was downstate having a doctor drill the bejeezus out of my knee, and so I missed all the fun, but I hear the demonstration was great (and musical) and bigger than last year's. Here's hoping that, if necessary, next year's will be even biggerl Anyway, about the FBI. Abbie Hoffman wrote a very entertaining autobiography called Soon to be a Major Motion Picture. In it, he describes how he took a free tour through FBI headquarters in Washington, DC. The kick was, he was a fugitive wanted by the FBI at the time. I was living in Washington, DC in early 1988, whiling away the hours until I started law school with those wonderful people at Buffalo who had sent me that magical acceptance letter, when I read Abbie's book. I decided to follow in his beloved footsteps and see the sights at the J. (is for "Jackass") Edgar Hoover building. Our tour was led by a very polite, straight-postured black special agent (Hoover must be rolling in his grave). The agent guided us past the various exhibits mobsters, weapons, terrorists, bank robbers, and, of course, drugs. I peered into the glass-enclosed drug exhibit. A small pyramid of coke, hypodermic needles, multi-colored pills, a sprig of gooey, bright green cannabis. "These are drugs", said our observant tour guide. "If you use drugs," he said in a low, serious voice, "there are three places you'll end up: in jail, inthe hospital, or dead." Or law school, I felt like saying, but I was in no mood to get glared at by Special Agent Fullashit and the various nuclear family units staring accusingly at Satan's playthings within the glass exhibit case. So now it's 1990. Ten years of Just Say No have given us an epidemic of cheap, abundant cocaine turned into crack that is destroying the ghettos and the poor people imprisoned within them. There's — plenty of money for weapons (including, until recently, our cocaine-exporting friends, the contras), but not a nickel for drug treatment centers, decent housing, decent education, and all the other remedies that will truly help the inner-city victims of the crackwars. One ofthe greatest ironies is that, according to a recent poll, most Americans believe that drugs are this nation's biggest problem. Drugs, especially crack and angel dust, are a tremendous problem for impoverished blacks and hispanics trapped in inner-city ghettos, but how many middle and upper class Americans are really affected by the drug trade? I don't know anyone who has been hurt or killed by drug-related violence, and I doubt that most of the folks who answered the above poll do either. But I do know women who have been raped. I know women who have been battered. Officially, a woman is raped every six minutes, and a woman is battered every fourteen seconds. I'll bet any amount of money that there's a helluva lot more people out there who know someone who was raped or battered than know someone who was hurt by drugs. So how come we don't declare a War on Rape, or a War on Woman Battering, or a War on Child Abuse, or a war on any number of problems that are a lot more prevalent and damaging than drug use? Yesterday's War on Poverty is today's War on the Poor, code-named the War on Drugs. It's a lot more: the War on Rights, the War on Individualism, the War on Enlightenment, the War on Pleasure. Any way you cut it, it stinks. If our government was really serious about stopping the destruction of human brains by drugs, it would lay off marijuana and go after the nastiest, most powerful, most insidious drug of all, the one that daily afflicts nearly every man, woman, and mutant in this country. It's not crack, it's not alcohol, it's not nicotine. If our government really wanted our brains to stop resembling sunny-side up eggs in a hot frying pan, it would blow up every T.V. station in the country. Butthen how would Madison Avenue sell us instant gratification? Protest's Lofty Aspirations Marred by Childish Antics I know I'm notthe only one, but I thought the protest on Wednesday, March 21 against the FBl's efforts to recruit on campus was really inappropriate. First, let me make it clear that in substance, I agree with the purpose behind the protest. It's the style and method used that I have problems with. The FBI shouldn't have discriminatory policies, and I would be thefirst to demand changes. However, if I were to act, I would do so with the goal of actually effecting change, not just making hurtful statements. by Darryl McPherson The biggest fault I found in the protest was the song used in the beginning, sung to the tune of "The Battle Hymn of the Republic". While it was quite amusing, I think it grievously loweredthe level of the protest. What does it accomplish to call Steven Sample a weasel or a spineless ignoramus? It was very immature and it serves no one. Such a tactic only pleases someone who is already with your cause; it's not going to persuade anyone in a position of power to help you. Imagine you're Steven Sample, and you find out what a group of law students have said about you. Are you ashamed that you allowed the FBI on the UB campus, or are you insulted that a bunch of students tried to paint a picture of you as an incompetent fool? Would you take the time to actually listen to their concerns after that? Sticks and stones may break no bones, and names may never hurt anybody, but such behavior never got anyone a seat at the bargaining table either. I'm not saying that people have to respect Pres. Sample, but they can't expect positive results from an infantile display. There's a saying that you can catch more flies with honey than vinegar, and I know that's true. You don't have to be a whimpering sycophant, but you also don't have to take the low road. Another problem I have is the "high moral" position of the protest. Just because the protest is "right", it gives them the right to do what they think is best. Unfortunately, I, and some others, disagree. Now where do our rights fit in? While I was observing theprotest, a woman made it clear that she wanted to get into the Career Development Office, but obviously couldn't. Doesn't she have the right to use the CDO whenever she wants to? Her money paid for school services, and no student should be able to deny her access. Ifa student wants to interviewwith the FBI, do you or I have any right to deny her that? Discrimination is an evil, but it cuts both ways. A common point made in the protest was the use of student money to bring discriminating employers to recruit on campus. It is an offense to have someone at the University who won't offer a chance ofemployment to those ofcertain affected groups. While I agree there's something wrong in that, it's something I've come to expect. That's the way things work in a democracy. In a school with thousands of people and just as many opinions, you'll never agree with everything. When the University gathers everyone's money, it's impossible to ask where you want it to go. Should I go out and protest the existence of the National Lawyers Guild or the Federalist Society just because I don't like their politics, and money from my student activity fee went to fund them? I admit that I always have the right to protest them. However, I sincerely doubt I would succeed in eliminating them, or, in the very least, changing their minds. I also wonder how many employers allowed to recruit on campus could stand up to a deep probe for discrimination? Just how "clean" is the EPA anyway? Have the FBI and the JAG Corps been singled out for special treatment because they're the only discriminating employers allowed on campus, or is it because politically, they're good targets?Who cares if a part of the Armed Forces or a police organization are picked on? They're mean and carry guns and we don't like them, rig ht? However, it's no secret thatthe criminal justice system is racist as all Hell, but no one has done anything to stop that. Dear Students, Faculty, and Administration of the University of Buffalo, School of Law: ECBA Volunteer Lawyers Project, Inc. (VLP) was one of the agencies selected by the Buffalo Public Interest Law Program (BPILP) to receive a law student internship for the summer of 1989. The internship program was a resounding success and mutually beneficial to the law student, VLP, and the poor persons served by VLP in Erie County. This past summer Barry McFadden interned with our office. Like most public interest lego! services organizations, VLP's resources are extremely limited. There are five full-time staff members and only two of them are attorneys. Atthesametime,VLPfrequently has over 500 inquiries for legal help per month. Consequently, VLP is highly dependent on volunteers, work-study students, and summer interns for the operation of its pro bono legal services program. It's easy to see why the BPILP summer internship program isso importantto VLP. The intern becomes a full-time member of VLP and is involved in a variety of tasks. This past summer, among his various responsibilities, the intern interviewed clients, directed people whom we were unable to help to the proper agencies, contacted private attorneys about accepting pro bono case referrals from VLP, handled a case load, drafted simple wills under the guidance of a private attorney, represented clients at administrative hearings, negotiated with creditors of clients, and completed and filed motions with the , Volunteer Lawyers Project Gives Thanks courts. VLP cannot emphasize enough the benefit of the internship to our office, to the clients we serve, and to the law student. Without legal interns, our agency and agencies like ourselves would face a serious gap in our summer legal services programs. Unfortunately, VLP cannot afford to pay an intern out of our own scarce resources. As a result, VLP invites you to support public interest legal services organizations this spring through theBPILP fund-raising drive. The BPILP interns work the entire summer to provide legal services to the less fortunate. All BPILP asks is that you work a single daythis summer to support the efforts of the interns and to help expand the program. Ultimately, your pledges determine the extent to which BPILP can continue these internships for U.B. law students. VLP wishes to thank you for your time and looks forward to working with U.B. interns in the future. Sincerely, Robert M. Elardo, Esq. Managing Attorney Volunteer Lawyers Project April 4, 1990 The Opinion 7 �THE ACROSS NATION eral interpretations. Dean Goldberg determined that there was no room for such discretion in grading an objective exam and subsequently decided that the grades would be removed (Pace uses an "A", "B", "C" system) and all students would receive a grade of "P" indicating the students that had passed, and a note would be attached to transcripts indicating that the administration was unable to grade the exam. Students were given the alternative of retaking the exam over their Winter Break in February. Law School News Briefs American University Hastings Attempts are being made to establish an International and Domestic Human Rights Clinic at the Washington College of Law at American University. Faculty approval and funding are still needed for the start up of theclinic but thecurriculum committee approved the clinic. If established, the clinic will accept 8 third year students and asylum hearings and appeals will be referred to the clinic by community groups. International cases will be heard before the Inter-American Commission on Human Rights. If established, the clinic will be the first of its type in the county. (The Hairy Hand, February 1990, vol. 3, no. 3, p. 9) Many student appointments to Hastings student-faculty committees were just made in early March. This delay has been Cleveland-Marshall The Cleveland-Marshall faculty is considering the use of a new class evaluation form to be completed by students at the end of each semester. The new form, which was designed by a studentcommittee, contains multiple choice questions which ask the students to rate various aspects of the course such as textbooks and professors knowledge of the subject matter. The current evaluation form contained open-ended questions which required essay-type answers. The faculty originally voted to bar the use of the new forms but a petition signed by 350 students persuaded them to reconsider the decision. (The Gavel, March 1990, vol. 38 no. 4, p. 5) frustrating for many students and faculty as appointments are usually made in early fall. Asa result, many major committees, such as admissions and financial aid, have been operating without student representation. The admissions policy committee, which only meets in the fall, has undergone all its work without student input. The reason for the delay in the appointments has not yet been pinpointed. {Hastings Law News, March 6, 1990, vol. 23 no. 8, p. 1) Pace Pace University School of Law has been in a state of turmoil fortheentire semester based on a grading problem with the fall 1989 Real Estate Transactions exam. The exam was a multiple choice exam which according to students did not reflect the material taught in the course, had directions which were subject to several interpretations, and sometimes called for an answer of (f) when there were only spaces for answers (a) through (c) on the computerized answer sheet. Many of the 170 students in the class filed official complaints which led to administrative intervention. Apparently, the course instructor. Professor Schreiber, awarded partial credit on some of the questions, particularly on questions where the directions were subject to sev- This decision was unpopular with students and with the course instructor. On February 12, the Dean announced his intention to allow Professor Schreiber to reevaluate the exams in an unarbitrary manner. Two days later Professor Schreiber announced that he would not be reviewing the exams because he originally thought he would be able to give partial credit but subsequently found out he could not. Based on Professor Schreiber's unwillingness to regrade the exams the Dean has announced that the exams will be regraded by a faculty committee and that students will have the option of accepting a "P" grade if they are unhappy with the end result. Students also formally protested Professor Schrieber's teaching practices in both 1983 and 1988. (Hearsay, February 27, 1990, vol. 12 no. 4, p. 1) Villanova The Villanova School of Law sponsored an in-house Client Counseling and Interviewing Competition. Students compete on teams of two and act as attorneys presented with a typical client matter. They must conduct an interview with a person playing the role of the client. The students are judged on how well they ask appropriate questions and evaluate the information they obtain from the client. The judges evaluate the studentsfrom behind a one-way mirror. This competition is popular with students because no brief or memo is required and thus the competition isn't time consuming. Winners in the competition went on to the ABA regional competition. (The Docket, February 1990, vol. 26, no. 5, p. 1) Wing Wah Woos Vegetarians There's a new kind of wing in town. I'm not talking about the severed arm of a flightless bird. Nay! This wing is Wing Wah, a take out Chinese vegetarian restaurant. The menu lists 93 dishes ranging from Hunan-style gluten (gluten is wheat protein similar in texture to beef) to Tofu (bean curd, a traditional Chinese food) by Michael D. Gurwitz Food Editor with curry sauce to wonton soup to mushroom egg rolls. I tried the hot and sour soup, mushroom eggrolls, orange fried gluten, and celery and mushroom gluten, and it was all delicious. We're talking really good food here. The prices are low, with most entrees costing about $5. You also get large portions. For those of you who absolutely feel that a meal is not a meal if it doesn't include at least part of one dead animal. Wing Wah also serves shrimp dishes. There are Tung Ting shrimp. Moo Shu baby shrimp, shrimp egg rolls, and lots of other crustacean-laden delights. These dishes tend to cost a little more, but none go higher than $7.50. Wing Wah is located at 154 Niagara Falls Boulevard, right at the intersection of Niagara Falls Boulevard and Kenmore Avenue. It is open Monday through Saturday from 11 a.m. to 10 p.m. The proprietors are friendly, there's free peanuts and fortune cookies while-U-wait, and you get to watch them work the woks. 1989 New York Bar Exam Results The following percentages are based on ad persons who took theSummer BAR/BRI Students 1989 New YorkBar Examination for thefirst time. New York State Pass Rate Non-BAR/BRI Students Another Reason More People Choose BAR/BRI Than All Other Courses Combined. BAR REVIEW New York and the Nation's Laigest and Most Successful Bar Review PI£ASE NOTE: All penxiitign h»\e been iDunded off u> the neairnt whuk- nuiiilier. 8 The Opinion April 4, 1990 �Noise Issue Rears Its Ugly Head Once More The Complaint: A new undergraduate social scene is quickly springing up. Unfortunately, the location of this "new scene" appears to be the Law School Library. Buffalo Law School has enough problems already, without acquiescing in the ruin of its library's reputation. A Library is for research and quiet study. I am appalled that this study area is allowed to be repeatedly abused. Any interested passer-by is practically invited in with its large glass front panels and no requirements on non-law student admission. I realize that UB is a state institution. But quite frankly, the argument that the UB Library cannot restrict access to its facilities on some level, does not cut it with me anymore. This is merely an argument which avoids, rather than addresses the issue. Many other academic institutions that I am familiar with, such as Cornell, restrict use of their graduate facilities. Undergraduates are allowed to use these facilities on a pass basis that is issued at the front desk. Everyone that enters the Library must present their I.D. Anyone without graduate or law school status at Buffalo should be monitored and given 2 or 3 hour passes for research only! Studying can be done in the numerous undergraduate libraries available on both campuses. UB is in a precarious-enough position among law schools and research institutions as it is. It does not need to create further problems for itself. The Response: The use of law libraries by undergraduate students is a common lament among law students who attend state supported facilities. Although you feel that using the fact that we are state supported avoids rather than addresses the issue of undergraduates in the Law Library, it is, none-the-less, the issue. We are unable to restrict our usage from members of the University, the local bar, or the general public. With theencourage- — ment of the Dean of the Law School, we do attempt to restrict access during exam period. Conference rooms and carrels are for use by law students only. Cornell is a private institution. Therefore, it can establish its own guidelines on use. Since we are a state law library, part of the University Libraries and a State University, we are unable to restrict access to theLaw Library. Restricting access could potentially have a negative impact on law students. It would allow oth;;- libraries on campus to restrict the law students' access to their collections. Many law school seminars require the use of non-legal materials, such as historical, anthropological or political science sources. The Law Library depends on the other campus libraries to collect these materials. We could not afford to duplicate their collections. Addressing the larger issue, theLaw Library should be a quiet place to study. Undergraduates, law students and library staff contribute to the overall noise level as does the architectural design of the second and third floors of the library. A quieter atmosphere may result if we all attempted to set the example by restricting conversations to outside the library doors or in conference rooms. We are happy to mediate individual situations as they occur. Please bring them to our attention. The Complaint: Please order some sport magazines as well as other popular magazines for leisure reading. The Response: Our decision to purchase a magazine is based on its relevance to the law school curriculum. Since our acquisition funds are limited, we are unable to purchase magazines for recreational reading. In addition, there are costs associated with ordering the magazine, i.e., processing the payment and recording the receipt, which do not justify the acquisition of materials that will not be added to our permanent collection. Some of the other libraries on campus purchase some "popular" magazines. May we suggest you use the following libraries to find: Sports Illustrated Undergraduate Library Car and Driver Undergraduate Library Time Lockwood Library or Undergraduate Library Newsweek Lockwood Library or Undergraduate Library If you are interested in a particular magazine, please consult the SUNY/Buffalo Union List of Serials, located behind the Reference Desk, which will tell you if that magazine is acquired by any library at SUNY/Buffalo. The Complaint: "Suggestion" NO Complaint: May the Ed.Dept.Rep. (EDR) Vols. 1-26 and Looseleaf EDR's Vols. 27, 28, 29 be placed in the "Looseleaf" room? In the alternative, if not, "all EDR's", (Vols. 1-26) do not have a cumulative index, whereas Vols. 27, 28 & 29 [July 89-] have a cumulative index for Vols. 27, 28, etc. [Lenz & Riecker], then placing at least the "Looseleaf" EDR's in theLooseleaf room. Use of the EDR's Vols. 1-26 would then be requested from the desk. Thank you for your consideration. The Response: The New York Education Dept. Reports are heavily used and, in our experience, have been targets of unauthorized "borrowing" from the library. Therefore, we feel that we can maximize access to them by retaining them on Reserve rather than placing them in the Looseleaf Room. For your information, duplicate copies of Volumes 1-13 are shelved on the 4th floor. The Complaint: Why are several of the lights at the desks on the 6th floor (lefthand side) not working? They have green tags labelled "10/26/89", and I'm wondering if they can be fixed, bulbs replaced, whatever so they are useable? The Response: Thank you for bringing our attention to the carrel lights that are — — — — — — not working on the sixth floor. The green tags were placed on the lights by the maintenance crew. They usually report unworking lights to theelectricians. Since the tags are marked 10/26/89, and since they are still not working, we have placed another work order with the electrician and hope to have thecarrel lights working shortly. The Complaint: Please post listing ofcall numbers and which floors they can be found on next to elevator. The Response: Your suggestion is a good one. We will post a listing of call number locations next to the elevator on each floor. The Complaint: Cannot something be done to control the amount of talking, etc. done on the main floor, particularly near the Circulation Desk and the circle where the Shepard's volumes are stored? The noise rises sounds much louder upstairs and really interferes with work. (I have occasionally been moved to ask people to be quiet, and been made to feel like thewicked witch of the west for doing — — so.) The Response: We realize that certain areas of the library are noiserthan other areas. While we share your concern that theLaw Library be a quiet place to study, we are hampered by structural arrangements. The areas around the Circulation and Reference Desks are going to be noisy because they are patron service areas. As you know, the change and photocopy machines are located in this area also and account for much traffic and noise. We have explored the possibility of structural changes to the library that would help solve the problem of noise rising to the balcony. However, the costs of these modifications are prohibitive. We will again remind staff to keep conversations as quiet as possible. Perhaps you should consider studying on the 4th, 6th, or 7th floor where there is less patron traffic. Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure all bar review courses teach the law, and some give you practice exams along the way. But now, Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Indentifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. For more info: . ™ .9,88 Kaplan-SMH ■■■ For the Test of Your Life April 4, 1990 The Opinion 9 �THE GOLDCARD: A SPECIAL MEMBERSHIP OPPORTUNITY FOR GRADUATE STUDENTS EXCLUSIVELY Take advantage ofthis special opportunity to become a Gold Card member. American Express will approve your application based upon your status as a graduate student. Your acceptance will not be dependent on employment and income history. As long as you have no negative credit history and no negative American Express experience, you can soon be carrying the Gold Card. And you need only call to apply. Any time, day or night, 24 hours a day. There is no lengthy application to complete. Once you receive the Gold Card, you can begin enjoying the many benefits of this distinguished membership, including: Worldwide check-cashing privileges. Emergency Card replacement (usually by the next business day). A complimentary 24-hour, toll-free travel service. As well as insurance protection for your Gold Card purchases. The Gold Card. Available to you now on this exclusive basis from American Express. Call today to apply. The GoldCard* H% An Amancan Expresscompany C 1989 American Express Travel Related Services Company, Inc. 10 The Opinion April 4, 1990 1-800-648-4420 �SASU President Urges Deferral of Tax Cut Proposal To The Editor: Someone once said that there are only two certainties in life death and taxes. The waymany people talk about taxes one might think there is some correlation between those inevitabilities. As students of public higher educationwho must grapple with public policy, it is importantfor us to take a look at this issue and let our voice be heard. As a society we are more dependent on one another than ever before. If I recycle my garbage, you won't have to pay the price of disposal. If I smoke cigarettes, yourhealth insurance premiums rise. The fact is that every individual action ultimately makes its mark on society. Recent mandatory recycling and anti-smoking legislation reflects the growing understanding that our lives are indeed inextricably linked to one another. In some ways, the history ofeducation funding evidences this. Most people in New York probably attended public elementary and secondary schools to which they went for free. In fact every United States citizen has this right. The cost is picked up out of taxpayers' pockets. But this has not always been the case. Not too long ago elementary and secondary education was only available to those who could afford it. In other words, education was a privilege. As oureconomy grew and became more complex the need to disperse knowledge amongst a larger portion of the population became evident. — More importantly, since our economy depended on a minimum level of educational attainment, public education was seen as a societal imperative. Of course people paid more taxes, but in the end the individual AND society benefitted. As we move into the 90's en route to the 21st century, we are entering a new watershed in education. The need to spread a higher level of knowledge amongst a larger percentage of the population is growing. Before the year 2000 we can expect that about half of all new jobs in New York will require one to three years of college and about a third will need three or more years. (Source: Workforce 2000). Therefore, we are once again facing a societal imperative. We must enroll and graduate more college students HIGHER EDUCATION MUST BE A RIGHT. The question is, will people be willing the pay the necessary taxes? In 1985 the New York State Legislature enacted a five year multi-phase tax cut, the largest in the state's history. Since that time about $9 billion was shifted from the state coffers to people's pockets. The last phase of that tax cut, scheduled to take place on October 1, 1990, is projected to reduce state revenues by some $1.7 to $1.9 billion over fiscal years 1990-91 and 1991-92. To put it plainly, there's just not a whole lot of money for SUNY or any one else these days. The Governor's budget for SUNY is not so wonderful.But as bad as this budget is, it could get even worse. — The entire Executive Budget, including SUNY's portion, is balanced on the assumption thatthestate will deferthis year's about $400 milportion of the tax cut lion. If the tax cut is not deferred we are going to have a much tighter budget than the Governor is proposing. The income tax cut for individuals was enacted in such a way that it would be phased in over five calendar years. The earlier "reform" phases removed substantial numbers of low income New Yorkers from the tax rolls and lowered the taxes of many others. BUT THE REMAINDER OF THE PHASE-IN HOLDS NO FURTHER BENEFIT FOR MOST LOWER ANDMIDDLE INCOME FAMILIES. Upper income New Yorkers are the only ones to benefit from th is year's tax cut those who pay the top income tax rate. A "typical" family offour with income of $260,000 will save about $1,500 in income taxes. How will this affect SUNY? Last year the NYS Legislature enacted, and the Governor vetoed, a $200 tuition increase for SUNYstudents.Weknowthatifthetaxcut is not deferred this year students will probably be facing a tuition increase of at least $200 and/or massive cuts in services. Comparethis $200 with what a student or a student's family might save if the tax cut goes through. For a family offour with one or two wage-earnersthe picture looks like this: • If you earn $72,000, you save $117.00; ifyou earn $36,000, you save $62.00; ifyou — — earn $24,000, you lose $60.00; if you earn $18,000, you lose $10. It is readily apparentthatfailureto defer the tax cut accompanied by raised tuition actually results in a shift\r\ the tax burden a shiftfrom thosewith verycomfortable incomes to those who do not live so well. Deferring the tax cut will help New York State's competitiveness. If SUNY is forced to deny access by raising tuition, cutting enrollment and then slashing programs like College Work Study, Educational Opportunity Programs and Child Care—thewhole state will suffer.For New York State to move boldly ahead into the 1990's and beyond, we need to recognize that higher education is an important part of our economic and political success. — No state can entice business invest- ment without providing a trained, productive workforce. No state will ever attain economic health and prosperity by denying the education necessary to enable its citizenry to reach their potential. Higher education spurseconomic growth through increased worker productivity. College students earn more than high school graduates, resulting in larger contributions to the tax base. In order to live, work and prosper in the 21st century, we must defer the tax cut. Judith Krebs, President Student Association of the State University (SASU) Students Petition Faculty to CorrectFaculty Statement Open Letter to the UB Law Faculty: We, students at UB Law School, call on the faculty to correct three fundamental flaws in the "Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment." 1. The third paragraph of the Faculty Statement presents two inexplicit statements: a) "By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise by the responsibility to promote equality and justice." b) That racist, sexist, homophobic, and anti-lesbian, ageist, and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however they occur." What are racist, sexist, homophobic, anti-lesbian, or ageist statements? Any two people in our society can give you two very different definitions. However, the faculty has given themselves the right to confront any violation of their individual definitions with swift, open condemnation. If a student disagrees with affirmative action, orwomen Police Racism . only listed two. Fifth, in the process o f writing down these two names, he listed an incorrect telephone number for a witness who happened to be white. Sixth, when the other driver admitted fault, the officer refused to state that fact on his report and did not even issue the other driver a ticket for driving without proper registration. I insisted on filing a written complaint against the reporting officer, but when I tried to leave with the complaint form, I was told I could not leave the station with it and that I could not draft it in the presence of a lawyer. Being a second year law student, I felt I knew enough about constitutional law to recognize that this was another boldface lie, so I again requested the chance to leave the station with the complaint form. At this point, the captain, who had also been theretofore "conveniently" unavailable, arrived, and summarily dismissed my grievance by stating, "You people, things don't go your way and it's always racism." in military combat, is that racist or sexist? Right now, no one knows. Under the current Faculty Statement, the faculty functions as "speech police" with the authority to assail any student who offers an opinion contrary to their own definitions of these terms, thereby stifling intellectual discourse in this academic setting. Students do not always need the faculty's assistance when offensive situations occur. We are not children, we are fully capable of utilizing our freedom of speech to challenge offensive statements made by our peers. If disputes cannot be settled through intelligent debate at a law school, then it is difficult to see how the society at large can solve these problems. The faculty should either eliminate the third paragraph from the Faculty Statement or thoroughly define its content. When does offensive speech become harassment punishable by the sanctions described in thefourth paragraph of the Faculty Statement? Presently, no one knows. Whatever constitutes the difference between pure speech and punishable harassment must be defined by the faculty. There are students withholding valid opinions in theclass- room due to a fear of sanctions. Since there are already a myriad of laws to prosecute acts of harassment, intimidation or assault, the necessity for the Faculty Statement is questionable. The fourth paragraph of the Faculty Statement states that when instituting sanctions "the means of doing so will always be informed by the faculty's strong commitment to the requirements of due process but will not be limited solely to the use of ordinary university disciplinary procedures." Since the adoption of theFaculty Statement in October 1987, the faculty has never set up any type of due process procedure whatsoever. The Faculty Statement expressly states that the sanctions will go beyond the university disciplinary procedure; however, the students have not been given any notice of what this punishment will be. These sanctions can destroy a student's dream of a legal career, yet, the faculty refuses to specify how the sanctions will be implemented. This absence of due process clearly threatens the constitutionality of the Faculty Statement. We demand that the due process procedure owed to a student who violates the Faculty Statement be thoroughly spelled out. Freedom of speech is not a Left-Right, liberal-conservative issue. It is a natural, basic freedom cherished by all Americans. This Open Letter has been signed by students from different political ideologies, sexes, ethic groups, sexual orientations, religions and age groups. We believe the present Faculty Statement is vague, confusing, and damaging to academic freedom and debate. Please correct these three flaws in the Faculty Statement immediately and present any changes to an open hearing for student comment. Respectfully yours, Betsy Bannigan, Dan Bildner, Jeff Braude, William Broderick, Ellen Burach, Brian Carso, John Chiappinelli, Rob Davis, Kevin Doyle, Rebecca Eisen, Jill Fahey, James Giambrone, Dave Geurtsen, Taunya Hannibal, Norbert Higgins, Marc Hirschfield, Moses Howden, Pam Howell, Kirstin Jahn, Jonathan Johnsen, Michael Joynt, James Kennedy, Jennifer Latham, Brian Lauri, John Licata, Jim Maisano, Dan Majchrzak, Mike McHugh, Carl Morgan, Kellie Muffoletto, Dave Niles, Eric Nordby, Rose Pedone, MargaretPhillips, Kathy Ryan, Jim Sacco, Andrea Sammarco, Rob Sardegna, Dave Steinberg, Mark Steiner, Gretchen Stork, Suzanne Sullivan, Bill Urban, John Wiencek, Tom Winward, Steve Wisniewski and Janet Zwick. (If any other students would like to sign on to this letter, please leave a note in Box 450 or 740.) from page 6 I was then told to leave the premises immediately. Actually, I was told, "Why don't you.just get the f out of here." I responded to this barrage of obscenities by calling one officer a racist. Said officer then came out from behind the counter, dragged me into a room in the back of the station, and locked me into a room about four times the size of a stall in a public toilet. This room had no windows, only a thin strip ofclear Plexiglas about one-inch thick and wide along the edge of the door through which the police could look in. The door to this room was opened electronically with a buzzer. The only piece of furniture in this room was a bench. At one point, I called out for help because I was in need of my painkillers, which they had confiscated (I had severe soft tissue damage to my abdominal area from the accident). I was ignored. After being thrown into the cell, it took half an hour for the police to admit that they were arresting me, and another hour and a half for them to tell me that I had been charged with disorderly conduct. All my personal be- longings were taken away from me: jewelry, money, credit cards, they even took the laces out of my boots. After being held in captivity for about two hours, I was told to sign a form indicating that my valuables (including my laces) had been returned to me. I was then given an appearance ticket stamped with a charge of disorderly conduct. As the arresting officer opened the door to release me, he asked me why I did not just leave when asked to. I could not believe the audacity of such a question. I wanted to ask him why his captain had made such a racist remark, why he had cursed at me and why he arrested me when I called him a racist. I had every right to call him a racist, legally and morally. Their behavior had been an assault on my personhood and dignity as a human being. On Thursday, March Ist, 1990, UB law, graduate and undergraduate students assembled in front of the Amherst Police Headquarters to protest my illegal arrest by the Amherst Police Department, lam writing to inform the public, UB administrators, and elected officials in Amherst that we will continue our strugglefor equal protection under the laws. I should have known that I would have been arrested by racists for crying racism. There I was, a citizen of the good ol' U.S of A. trying to file a legitimate complaint against an agent of the state and was arrested for no valid reason—calling someone a racist is allowed by the U.S. Constitution, just as it is allowed for neoNazis and the XXX to use hate speech and racial invectives when they march. Forgetting about police abuse will not make it go away, only doing something about it will. A number of concerned citizens are forming the Western New York Coalition Against Racism; to get involved in the Coalition, call 837-3729. Your help is crucial. Truly yours, Veanka S. McKenzie April 4, 1990 The Opinion 11 �THE NEW YORK BAR EXAM HAS CHANGED AND BAR/BRI HAS CHANGED WITH IT!! There has just been a major change in the New York Bar Exam and it will benefit BAR/BRI enrollees. The New York State Bar Examiners have dropped a number of topics from the Bar Exam, effective immediately. In addition, the Examiners will change the emphasis slightly among the remaining topics. What this means to you is that you will be able to devote more time to the Multistate subjects and more time to the skills needed to optimize your scores. We at BAR/BRI have already changed our testing materials to reflect the new Bar Examination. No longer will you be tested on such topics as Bankruptcy, Labor Law, Insurance, Municipal Corporations and other topics deemed unimportant for exam purposes by the Bar Examiners. There will be a renewed emphasis on the six core Multistate topics and on New York Practice, Wills, Trust, Corporations, Domestic Relations and various other topics that New York considers to be important. Already, the free Essay Workshop that will be provided to every BAR/BRI enrollee for the summer of 1990 has been redesigned to reflect the new emphasis on the New York Exam. Plus, the free Multistate Workshop will be more valuable than ever. The New York State Bar Exam keeps changing and BAR/BRI keeps changing with it. This change is primarily to take things off the New York State Bar Exam. In future years we expect the Bar Examiners will be adding things to the Exam, probably in lieu of the New York multiple-choice component. Our staff of attorneys is now developing both a performance program and an enlarged essay program in the event that New York State goes in that direction. As soon as further changes occur, we will keep you informed. BAR REVIEW 12 The Opinion April 4, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-04-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 30 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/4/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 30 12 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b666becee1558913976b3b99d15b6cfd.pdf 0eedf862479ed4d4d2a0e0463ba39cac PDF Text Text THE OPINION Volume 31, No. 1 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW April 18, 1990 BPILP Fund Raising Exceeds $20,000 Goal! by Andrea Sammarco News Editor As the echoes of the volunteers' cries begin to fade from O'Brian's hallways, BPILP's "Work a Day in the Public Interest" Pledge Drive for 1990 appears to have been an unparalleled success. The drive took place the week of April 2nd, and BPILP staff and supporters were unflagging in their quest to obtain support from the law school and the Buffalo community. Pledge Drive participants tabled throughout the week in front of the Sears Law Library, soliciting pledges from likely looking donors with enticements of tshirts and coffee mugs for money up front. The central theme of the drive involved the encouragement of faculty and students to pledge the amount of money which they expect to earn in one day of work over the upcoming summer break. For most students, this figure was estimated at about $30. Although a few pledges are still trickling in, the official last day of the drive was Friday, April 6, when Pledge Drive workers made a final appeal for contributions from Buffalo Change & Community participants. The total amount pledged as of Friday was an impressive $20,734, an increase of over $9,881 from last year's total, and $734 more thanthe figure which BPILP had established as a goal. The breakdown of these figures reveals that 45% of the law school faculty participated in raising BPILP money this year, while 47% of Ist years, 47% of 2nd years, and 28% of 3rdyears took part in thedrive. In addition, BPILP raised over $4000 through alumni contributions this year. The competition between Ist year sections resulted in the triumph of section 2, which succeeded in raising 54 pledges over the course of the week. Section 3 made a noble effort to overtake section 2, with 43 pledges, and section 1 brought in a solid 31 pledges. As a result of section 2's efforts, they will be treated to a party before the end of the semester, which may be combined with Betty Mensch and Allen Freeman's spring semester party sometime in April. Although substantial credit must go to the tremendous effortmade by thefaculty and students in supporting the Public Interest Pledge Drive, the Herculean efforts of Graduate Assistants Kathleen Welch and Chris Thomas were responsible for drawing a large portion of the contribu- Community Leaders Meet at Law School The "Buffalo Community & Change" Conference, as part of the Mitchell Lecture Series, was presented on April sth and 6th. Organized by members of the Law School community, the conference was a successful departure from traditional ways of thinking about community or- by Kate Armitage ganization, empowerment and change. Important questions concerning the fu- — dividual agendas agendas which may historically include marginalized economic, ethnic, and racial groups. The conference also demonstrated the inherent difficultiesfaced by well-meaning efforts to include representatives of every interest dedicated to urban problem-solving. As a gathering of just one slice of the vast pluralism that is Buffalo, the conference stimulated much critical thought and reflection. It encouraged a new type of activism, an intellectual activism, and as such the conference underscored a critical ingredient for the development of Buf- falo. PeteClavell, Mayor ofBurlington, Vermont gave concluding remarks at the conference. ture of Buffalo and the role its community leaders and organizations can play in the means by which their goals can be attained were presented. In addition to rais- ing critical issues, the conference created an opportunity for community leaders, scholars and experts to interact towards developing shared understandings of Buffalo's future. Professor Peter Pitegoff, whose dedicated outreach through the Community Development Clinic has united our community in various Buffalo causes, is pleased that the "conference was successful in bringing together diverse perspectives, in underscoring the need to build a common ground in Buffalo, and in demonstrating that the law school can play a constructive role in community change." The goals and purposes of the conference were not to provide comprehensive solutions, but rather to create an atmosphere of exchange. The conference demonstrated a model of organization by which various institutions and communities can begin to coordinate their in- Our law school community demonstrated that concerted efforts and shared understandings within our institution enable us to take a collective role as a catalyst for changes outside this institution. Those who attended the conference offered various insights on the perspectives of panelists. David Steinberg, Chairman-elect of the Federalist Society, felt many of the real issues had been displaced. "While it's important to always remember the past, itis equally important to deal with the present in a constructive way to insure greater possibilities in the future." "The tough issues were put on the table," said Judy Shanley, a first year law student and conference organizer. "Dr. Marable's keynote speech exposed a lot of myths about the re-emergence of Buffalo in that sense, the speech was very positive. But I think he may have been preaching to an already converted audience," said Jeff Williams, former Editor-in-Chief of the Buffalo Law Review. "The conference as a whole," he said, "was unique it may be the starting point for exposing major problems and figuring out what to do to solve them." Toni Delmonte, a second year law student and organizer said it "was a good gathering of people with a lot of common goals and interests, it was an excellent start towards creating a vision for change in the Buffalo community. We definitely need a follow-up conference for developing some concrete strategies to promote these changes." — — tions collected from sources outside the law school. The submission of a grant proposal written by the plucky duo resulted in the donation of $5000 from Interest on Lawyers' Accounts, marking the first time a student organization has ever received lOLA funding. In addition, the National Association of Public Interest Law, of which BPILP is a charter member, kicked in $2000 as a result of NAPIL's fundraising efforts undertaken on behalf of its member groups. The money which BPILP raises will be used in large part to provide stipends for summer positions with public interest agencies in Buffalo and Rochester, which theProgram helps to fund. These full-time positions last ten weeks, and provide a stipend of $2000 for the summer. This year's positions will be with the Office of AIDS Discrimination Issues in the NYS Division of Human Rights, Legal Services for the Elderly and Disabled, the Volunteer Lawyers' Project, Farmworkers Legal Services, and the Family Unit of Neighborhood Legal Services. A position is also available to 2nd year students only with Legal Aid of Buffalo, Criminal Appeals Unit. Graduate Assistant Chris Thomas stressed that the total figure pledged "is not an amount currently in hand", but only a cumulative figure representing the total amount promised to BPILP. This summer, the Program must undergo the arduous process of following up on pledges. "We still have to collect." Symposium Airs Gender Issues On Saturday March 31st, the University hosted a symposium on "Changing Tomorrow Women Leaders." The conference looked at the role of women as leaders in the community, in their professions, and on campus. About 250 women attended the day-long event. The symposium opened with an inspirational keynote address delivered by Carol Pearson, author of several books including Educating the Majority: Women Challenge Tradition in Higher Education (1989). Following the keynote address there were various seminars, such as career choices, promotion, knowing your rights, managing stress, politics, and leadership roles of the 19905. — by Maria Schmit Managing Editor UB Law Professors Judy Scales-Trent and Lucinda Finley led a seminar on "Roadblocks to Success." Professor Scales-Trent, former appellate attorney for the Equal Opportunity Commission in Washington, D.C., and author of several articles on employment discrimination, stated that the roadblocks for women are "very real." Gender and race discrimination are still prevalent in the work force and affect the hiring and promotion of women. Although the overt barriers have been removed, discrimination still exists. Discrimination in the 1980's and 1990's has taken a subtle and sometimes subconscious form. Professor Finley, who has published extensively in the area of gender issues, discussed the reality of the "glass ceiling" effect. Professional women can see further up on the promotion ladder and it looks as if a promotion is in reach; but in actuality it is blocked. Just because a woman gets hired by a big accounting or law firm, does not mean that the (older white male) partners running around the firm have been brainwashed of all their (societal based) perceptions and attitudes about the role of women. Now that the overt roadblocks have been eliminated women are entering professions only to find that they can not get ahead. There are very few department chairs or partners in law, business and accounting firms. Professor Finley discussed the recent Supreme Court case Price Waterhouse v. Hopkins (1989). Price Waterhouse accountant Ann Hopkins generated the most business in the Washington, D.C. office. Yet, she was not promoted to partner while other less successful men re- ceived promotions. After inquiring into the matter, she was told that she was not promoted because she was too assertive and too abrasive. The male partners recommended that she try wearing jewelry and dressing more feminine. Ironically, her assertiveness was the exact same behavior that the men were promoted for. Ann Hopkins brought a Title VII suit against the firm. The case made it up to the Supreme Court. The Court held that gender stereotyping played a role in the firm's evaluation of Hopkins. The Hopkins case reflects the verity of roadblocks. Women today have a hard time being accepted as professionals. Until recently, professional fields, such as journalism, business, law and medicine have been dominated by men. Men defined the qualities and traits that were needed for success in these professions. For example, one of the male-defined qualities of a successful lawyer is assertiveness. When women started entering the professional fields they had to conform to the pre-defined roles of the professions. Women who did not conform risked being perceived as unprofessional. However, it was (and to a large extent is) a no-win situation. If a professional woman acts assertive, a quality favored in men, she runs the risk of being perceived as a bitch. If the woman emulates others in her profession, yet does not follow the (unwritten and) male defined behavior code to success, she may not be taken seriously by other men in the profession. The double standards used by Price Waterhouse are not unique to that case. True, roadblocks exist, but women must not become complacent and accept the role of professionals without the potential for promotion or leadership. Great strides have been made, but the battle for equality is not over. Women must excel in their professions and become leaders. Lastly, the qualities of professional behavior need to be redefined on neutral grounds. HIGHLIGHTS A discussion on the Arab-Israeli conflict Student reflects on Jessup Moot Court Competition ... page 3 page 6 �#1 THE RE ASON SO MANT PEOPLE CHOOSE PIEPER: Isn't that what a Bar Review Course is all about? PIEPER NEW YORK-MULTISTATE BAR REVIEW, LTD. 90 willis , avenue, mineola, new york 11520 (516) 747-4311 The Bar Course That Cares. MiAE PARK 2 The Opinion April 18, 1990 • phone: Buffalo Representatives BARBARA SCHAUS • JAMES SNASHALL �COMMENTARY Culbertson Bids Farewell to Law School Community As I sit here, writing my last column for this newspaper, I am reminded of the bumper sticker that says, "So Many So Little Time." In a way, Pedestrians I feel that there is a lot for me to say, but not enough space to do it. To this extent, forgive me if I only touch briefly on a number of subjects that probably deserve their own column. — by Andrew Culbertson Like any prolonged experience I have had, law school has had its shareof enjoyments and disappointments. Since I have always tried to be more of an optimist than I admittedly am, let me start with the good things I will remember. These include the first day of law school, when I seemingly met more bright and intelligent people than I had met during four years of college, my first "H", the first time I saw my name on an interview list, and myfirst column for this paper. Professor Konefsky, who never forgot that law isas much about people and personalities as it is about statutes and stare decisis; Professor Joyce, who I regrettably didn't have a class with until my last semester here; and Professor Phillips, who, unlike a number of professors, always made time to talk to students. Also, how could I ever forget winning the intramural softball title with the Swartz, as well as my second-place finish to Curtis Strange at last year's U.S. Open in Rochester (just kidding). Last, and certainly not least, the friends I have made, and you all know who you are. It hasn't always been easy being a student at this school, and not just academically speaking. While I am proud to go to a school that is known for opposing oppression and promoting equality, I have come to realize one very disturbing thing. Had I gone to one of the more traditional law schools, I probably would have encountered a conservative atmosphere that was intolerant to liberal views. Instead, I got just the opposite. Although it may have been more bearable to the extent that am admittedly more liberal than I conservative, it is still wrong. It will be refreshing to return to a world where people don't wear their political beliefs on their sleeves. If I said that I was entirely happy abou this newspaper, I would be lying. In many ways, it has come to reflect the generally liberal overtone that I just referred to. The irony here is that most of the student body, as far as I can tell, are moderates like myself. Unfortunately, this paper has become a sounding board for political extremists, and the majority of arguments made by these people are ad hominem, shallow, self-serving, and often reminiscent of the Morton Downey, Jr. Show. To the extent that we already have two extremist publications in this school (Federalist Papers, The Dissent), I would encourage moderates to express their views through this newspaper. After all, we are the realists, the logical ones, the people who realize that you can't change society by deifying the likes of Ayn Rand or Che Guevara, or calling people weasels. By the way, to the extent that I have apparently been classified by at least one person at this school as one of the "peevish leftists" whowrite for this newspaper, I just have one thing to say. My views have never been anything but logical. If speaking out against such societal travesties as racism, fundamentalist mentality, greed, and Ronald Reagan make me a leftist, then perhaps my accuser is dumber than I thought. graduate, always ready to take a picture even at the most inopportune times, and someone whom I always enjoy talking to. Maria Rivera, who did a job that was extremely important, yet always unglamorous, a person whom I respect as much as anyone in this law school. And, of course. Donna Crumlish, who has been here with me from day one. While she once said that she couldn't havebeen a good editorin-chief without my help, she was just being kind. She is the one who has held this paper together, and is a person who it has always been a pleasure to work with. I really can't think of three better people to have worked with, and I wish each of them the best of luck. I believe that someone once said, in reference to Shakespeare, that it's not the tale, but the person who tells it. Along these same lines, it's not always what you say, but how you say it. I am hopeful that you will remember me for both. Thank you for reading me and, with compliments to Brent Musburger, the last three years have been a hell of a ride. In closing, I would be remiss not to say several words about three people who I have worked with over the past three years. Jeff Markello, a fellow U of R Editor's Note: Andrew Culbertson was Managing EditorofThe Opinion for 1989-90 and was responsible in large part for the content and direction of this paper. Hilterman Speaks on the Arab Israeli Conflict On Tuesday, April 3,1990, Joost Hilterman, a visiting professor at Georgetown University gave a lecture at SUNY-Buffalo regarding the "U.S. Foreign Policy and the Struggle for Human Rights." Hilterman's Dutch accent subtly underscored the international element of the human rights situation. Preparatory to the lecture was a forty-five minute video titled "Voices in Exile: Immigrants and the First Amendment" by Joan Mandel and Karen Hayes. The lecture was sponsored by the Organization of Arab Students, Graduate Group on Human Rights, American Arab Anti-Discrimination Committee—Buffalo Chapter, Palestinian Student Association, and the National Lawyers' Guild. by John Licata Features Editor The video covered the trial of the "L.A. Eight" who were individuals believed to be PLO activists in the United States. The government had no real basis for its belief but insisted on deportation proceedings to continue in spite of the paucity of its own evidence. The video ends with the acquittal of the suspected political insurgents but notes soberly that unless the United States can allow the free voices within its borders regardless of the source, the U.S. will not remain free. Hilterman centered his discussion on the human rights violations committed mostly by the Israeli Army in the West Bank. As a former member of Al Hag (a human rights organization in Occupied Palestine and West Bank affiliate of the International Commission of Jurists) Hilterman has the experience of witnessing and recording hundreds of cases of torture and oppressive measures by the U.S. funded Israeli Army. In his explanation of the situation in the West Bank Hilterman outlined a plan started by Moshe Dayan to annex the West Bank through economic dependency by the Arabs upon Israeli employment. The birth of the Intifada, the Arab opposition to Israeli presence in the West Bank, has strengthened the resolve of both sides to continue the struggle for obtaining their respective goals ofcontrol in the West Bank. Hilterman described Israeli reaction to the uprising as "repression: more of the same, except more. Collective punishment has increased to the point of travel bans on whole villages, whole villages prohibited from marketing crops, all this is documented in Al Hag publications." He identified the Israeli program ofcollec- tive and arbitrary punishment objectives that hoped to "cower people into submission, except it didn't work." After his short discussion there was a question and answer period wherethe audience responded with the passion that has surrounded the control of the narrow strip of land for over forty years. Hilterman smoothly explained the errors in interpreting various messages too strongly or in accepting dogma in the place of reasoned thought. One student summarized the Israeli government policy which stated thatthe use of physical force in questioning is limited to extensive questioning without rest. Hilterman replied that "Israel is not going to state a policy of torture." He then recounted several stories of individuals arbitrarily detainedand tortured by the army for crimes such as the possession of a publication without a permit. In theWest Bank all persons are required to get a military permit before acquiring any publication through a process that culminates in the requirement that thePalestinian pay taxes to support the army's presence in theWest Bank or forfeit any claims to a good standing certificate. Palestinians have the choice of not paying the tax and having no chance at a permit, or to pay the tax and being branded a "collaborator" by the Intifada with the commensurate uneasy lifestyle. In response to a question about the veracity of describing Israeli government as oppressive rule Hilterman replied, "Any foreign rule is oppressive. The acts I have seen of the Israeli government dispossessing Arabs, street leaders liquidated by the military in civilian clothes, soldiers regularly beating people: that is daily life." A student compared the present actions of the Israeli government to the incipient measures of Nazi Germany in 1933, linking the arbitrary arrests and permit regulationsfor published material of both governments as an ironic comparison in history. Not surprisingly therewas a counterpoint made regarding the severity of Hitler's national plan of genocide and the Israeli attempt at securing the West Bank. The situation was not resolved by the forty people at the lecture, and tempers flared to the brink of uncivil behavior while some individuals left before the end of the discussion. In his closing remarks Hilterman encouraged people in the U.S. to take action against individuals presently in the U.S. who have committed grave breaches against the Geneva Accords Sec. 146 and 148 and are clearly prosecutable under American law. UB Law Studentsprotested the University's hire ofnon-union laborers at the construction site of a new Fine Arts Center behind Alumni Arena on April sth. HotelAlcatraz No Deal for Inmates On Sunday April 8,19901 saw an article in the New York Times that had the headline "More Criminals Being Ordered to Pay for Jail Stays." (That's p. A-25 for those with a copy now sitting underyour coffee table.) The article quotes Judge William Wilkins Jr. of the United States Court of Appeals for the Fourth Circuit, in Richmond, "We see this as merely an equitable and common sense thing to do. If you have the wherewithal to reimburse taxpayers for the cost of your imprisonment, whichyou caused through the commission of a criminal act, then you ought to have to pay." by John Licata Features Editor Of course the ACLU has brought up the logical objection thatthe prisoners are not getting their moneys worth by staying at the overcrowed Federal penitentiaries. This problem intrigued my sense of conscientious consumerism: might the criminal be able to go comparative shopping in an attempt to find his/her "best buy?" The Sentencing Commission was created in October 1985 and 254 defendants have been ordered to pay the $1,210.05 monthly payment. That comes to $40.34 per day for room, board and all the physical discomforts the state can provide: overcrowding, romantically inclined roommates, and inadequate medical care. To get a handle on where the judiciary was coming from with this sentencing I called a friend of mine in a judicial clerkship, C.J. Tamba, not too far away from the heartbeat of the nation and asked him how his judge felt about the whole thing. "It's great, a wonderful release for her energies. She can really rack up the points on the drug war." C.J. went on to explain that the persons who can really afford to pay for their stay in Club Fed are those people who have amassed fortunes at the expense of society. I asked him about the bank presidents in trouble over the whole S&L failure and how one recently received a thirty year sentence. That is a total of $435,618 in room and board, a figure well below the amount swindled at the expense of soci- ety. "Aww, you can't really be equating that with a criminal act. Mismanagement of funds is a risk in the banking industry, that's what the FDIC is for. Anyway, this is to punish those with ill-gotten gains who fall within the correct societal crime spectrum necessitated by societal pressures." C.J. is fluent at doublespeak. After a couple offutile efforts at getting him to come back to the topic I interrupted with my hole card, the possibility exists that a person could be charged for staying in prison and then win on appeal. What happens to the money? Is it a taking? What would Scalia think? "Word in the chambers is that the Supreme Court is waiting for a test case that can meet thestrict scrutiny of moral rubric while maintaining the backbone of loco parentis as practiced by the legal system in recent years. You have no idea how long these judges can stay awake at night worrying about you people." C.J. had taken on the voice of zealot trying to convince the masses of a supremely tenable position. How was I to refute him? He continuedto hit me with the compelling arguments. "Take a look at it from the penal system's point of view. There are too many cliches to ignore in this area. It's an idea whose time has come there ain't no such thing as a free lunch, if you want quality you have to pay for it and quality is job one." This was a legal argument thatdid meet the rational review and I tried to embrace it for its simplicity. There still was the matter of how to choose economic viability of those charged. "That's the beauty of our penal system. The white collar criminals are usually stealing large amounts of money, and we just put a flag on the funds. It's a lot of paperwork and some back-breaking financial recording gymnastics, but we get it done." Does that happen often? "No, we're not allowed to charge people on welfare. Thank God, most of the people we put away in the federal system are indigent." Maybe we have someone closer to home to thank for that. — April 18, 1990 The Opinion 3 �THE OPINION MAILBOX OPINION S lAi h I 'NT VhRSITY I W NEW YC )RK AT BUFFALO S( :Hl >OL OF LAW Volume 31, No. 1 April 18, 1990 EDITORIAL BOARD: Editor-in-Chief: Maria L. Germani Managing Editor: Maria E. Schmit Layout Editor: Michael D. Gurwitz Business Manager: Sandra Williams News Editor: Andrea Sammarco Features Editor: John B. Licata Photography Editor: Jim Monroe EDITORIAL Farewell This is the last issue of The Opinion for the school year. Some words of praise are in order for the outgoing Editorial Board and staff members of The Opinion under Donna Crumlish, the Editor-in-Chief. On many occasions this past year. Donna's decisivness not only displayed leadership, but often resulted in good judgment calls. She is certainly a tough act to follow. Andrew Culbertson (Managing Editor) addressed, informed, and delighted us with stories concerning issues much of America was grappling with; from changing political structures in Eastern Europe and the Soviet Union, to televangelism, the status of Pete Rose, and how history would judge Jimmy Carter. Maria A. Rivera had the most critical, thankless job. As Business Manager, her behind-the-scene tasks were necessary and crucial to the publication of The Opinion. Jeff Markello (Photography Editor) always came through with the film and photos despite last minute requests and notices of events to cover. You will ALL be missed! — Best of Luck to the Class of 1990 The Editorial Board and Staff members of The Opinion extend our warmest wishes to the UB Law graduates of 1990. What an exciting touch to these historic times CONGRATULATIONS!!! For many of you, the last three (or four) years have been the most grueling and demanding scholastically as well as personally. For others, law school was a conscience-raising and sensitizing experience. Causes and issues you may have previously simply acknowledged, now catch and hold your attention even to the point of action. A few of you even found love. You have all experienced the demands of the "jealous mistress" that studying the law was; devoting hours of time on understanding the principles, getting just the right phrase for your memorandum of law or brief, (or nailing down that rule against perpetuities!). Good luck to you all in your preparations for the bar examination, and in your future endeavors! While one third of you will be preparing for the bar, many of us will be working this summer to alleviate our debts and strengthen our legal skills. Some of you are taking that long-awaited vacation, or making up missed quality time with your children, spouse, significant others, parents, grandchildren, nieces or nephews. Some of you can't get enough and will be taking courses over the summer. Whatever you will be up to, I hope it is fruitful and fun. Good luck to everyone on their final examinations! — — — Ted Baecher, Len B. Cooper, Mary Clare Kane, Gary Ketcham, Daryl MacPherson Staff: Contributors: llene Fleischman, Loretta Smith, Andrew Culbertson ? Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictly prohibited without the express consent of the Editors. The Opinion is published every two weeks during the academic year, it is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, New York 14260.The views expressed in this paper are not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinion is funded by SBA from Student Law Fees. The Option welcomes letter to the editor but reserves the right to edit for length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissions should be placed in Jawschool mailboxes 677 or 808 by the deadline date. Deadlines for the semester are posted in the mailroom and outside 77ie Opinion office, 724 O'Brian. ~Ttf£ AS/tL. *t-* '— [that 57Z>#Y!! r» >_ *v- A cwr fo* ovrvi/6-... MAKE* S£**£D THE n£f £ t rmn* £2?„ 4 ' MMtHT-mcm "«*» "*> * ,) C*t~,-o/* III) The Opinion April 18, 1990 To the Editor, As a graduate of Brandeis University, I find Michael Gurwitz's depiction of Brandeis in the April 4th edition of The Opinion to not be an accurate portrayal of students attending Brandeis in the mid to late eighties. Gurwitz's article leads readers to believe that drugs play an integral role in the life of the typical Brandeis student. In reality, most Brandeis students do not take drugs, and the small group of students who do are typical of that found on any campus in the nation. Students at Brandeis are a group of intelligent individuals who do not need to take drugs in order to enjoy life, or a movie. These students do not possess a narcissistic propensity for searching and self-gratification through drugs. The majority of students at Brandeis actively pursue knowledge through diligent study, socializing in a friendly, drug free atmosphere, and finding pleasure in helping others. The Club with the largest membership on campus is the Waltham Group, whose mission is to help the Waltham community, especially its youngsters. The students I went to school with at Brandeis were able to establish a sense of community that did not owe its existence to drug use. The many great parties I attended at Brandeis were drug free. Brandeis is a great campus for student bands and many of the impromptu concerts I attended were in dark, crowded, smoke-filled rooms that were noticeably free of drugs. Of course there were a small minority of students on campus who used marijuana, but their small numbers are not representative of the entire Brandeis community. Renee Walner First Year Student Editor's Note: Ms. Walner graduated in 1988, 4 years after Mr. Gurwitz. This may account for the difference in perceptions of drug use at Brandeis. Moderation Might be Easy, But it Doesn't Solve Problems To the Editor, If you stand in the middle of the road, you are bound to be run over. It is unfortunate that I have to write this letter in response to Darryl MacPherson's article in the April 4, 1990 issue of The Opinion. In his article, Mr. MacPherson criticized the National Lawyers' Guild and others who protested the University policy which permits recruitment through the Career Development Office by employers who discriminate on the basis of age, handicap, and sexual orientation. While Mr. MacPherson expressed lukewarm support for the goals of theprotests, he felt that the "disruptive tactics" used by protesters, such as songs and chants, were too extreme. From the timeI started law school three years ago, students have been engaged in a dialogue with UB administrators on this issue. Those of us concerned withthe injustice of this policy have initiated countless meetings, correspondence, and other contact addressed to administrators. I believe it is quite an understatement to say that our concerns were met with contempt and summarily dismissed by President Steven Sample and his underlings. Therefore, I can only say to you and other moderates like you what a fellow activist named Martin Luther King said to the moderates of his day. (Substitute the word "negro" with "gay and lesbian or handicapped".) "I must confess that over the past few years I have been gravely disappointed with the White moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Council of the Ku Klux Klanner, but thewhite moderate who is more devoted to 'order' than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: 'I agree with you in the goal you seek, but I cannot agree with your methods of direct action'; who paternalistically believes he can set the timetablefor another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a 'more convenient season.' Shallow understanding from people of good will is more frustrating than absolute misunderstanding from peopleof ill will. Lukewarm acceptance is more bewildering than outright rejection." M.L. King, Letter From Birmingham Jail, April 16, 1963. I hope in the future, you and moderates like you will join us in the struggle against all injustice. There is too much work to be done; we cannot afford to hold each other back. Siempre Adelante! (Forever Forward!) Troy Oechsner National Lawyers' Guild Outgoing Pres. Expresses Thanks rcwo&v*?***' fjfl \y DAY, art Flf£ SOMM£-* %** BKicr «s Brandeis Graduate Objects to Drug Characterization ******j mkk**. &VT *£ f/^fft k T Dear Opinion Editor, I write to express my special thanks to all those who have helped make the 1989-1990 year one that we all can remember. First, I must thank Jim Monroe, Taunya Hannibal and Wendy Urtel for all they have done as members of the SBA Executive Board. Their constant support, dedication and desire to provide the best a student organization can offer showed throughout the year. Without the three of them, little would have been accomplished. Second, I would like to thank Dean Filvaroff for his open mind, open door, and for the support he has given to me and the rest of the student body. While we have not always agreed on the means by which problems should be resolved, I can say that he is a true student advocate, and a valuable asset to the Law School community. Cheri Tubinis (the Dean's Administrative Assistant) also deserves a special note of recognition. Having been a part of the community for 15 years, Cheri has been there to meet the varying needs of every person who has walked through her door. A letter such as this can barely express her value to an institution such as ours. A special note of thanks must go to all those within the student body who believe that our education involves more than what goes on in the classroom. The SBA directors, student groups, and studentcommittee members deserve thanks for all they have done to improve the quality of students' lives. I would like to thank Joe Militi, Paul Labati, and Karen Welch for the work they put forth in organizing two very successful blood drives. Finally, I thank Kimi, Nate, Audrey, Jeff Schlechter, Kathleen, Betsy, Frank, Bill, Kathy, Aileen, Mary, Pam and everyone else who made sure that as SBA President I didn't fall on my face. Sincerely, Christopher Reo �GROUND ZERO Are You a Man or a Mouse? Inquiring Minds Want to Know "Custom will reconcile people to any atrocity; and fashion will drive them to acquire any custom." George Bernard Shaw — Law school is a rat race. We students scurry around the maze of halls in O'Brian, in and out of lecture rooms, all in search of the big cheese: our diploma. We get gratified by the positive reinforcement of an H, or burned by the negative reinforcement of a D. Some of us might run into the glorious brightness of an H*; others will get electrocuted by an F. Just like rats in a maze, right? by Michael D. Gurwitz like people do (in this country, anyway). Rats do not get the same ethical upbringing that you or I do. So when some scientist tells me that under crowded conditions I'm liable to take a bite out of Baby Jessica, I'll say "Hey Doc, I don't know about you, but I'm not a rat, and I don't expect that just because I lose some elbow room, I'll sink my chompers into a screaming two-year old." I can imagine the scientist's response: "Well, Son, after spending millions of dollars of taxpayers' money and repeating these experiments thousands of times, we can tell you with full confidence that deep down, like it or not, you're a baby-eater." Layout Editor "Psychology is the study of rats." That's what one of my professors told me in college when I was majoring in psychology. I learned that if you want to predict what will happen, for instance, if you cram too many people into too small a living space, then do it to rats. Afterfouryears of studying the science of the human mind, I am proud to say that I, Michael Gurwitz, can tell you, Joe or Jane Reader, what would happen if you, and all your family and friends, and your friends' families, were forced to live in too small a space for too long a time: you would all start fighting and killing one another, then you would start eating babies alive, and finally, you would cannibalize each other. Just like in Night ofthe Living Dead. Hey, that's what happens when you overcrowd rats, so obviously, that's what would happen to people, right? Wrong. Of course not. People aren't rats, and rats aren't people. Rats do not have a tradition of Judeo-Christian values tion that a psychological researcher will test to see whether, for example, if you give a dog a bone and ring a bell, eventually the dog will salivate at the sound of the bell. In reality, psychological experiments on animals involve the mutilation, burning, starving, freezing and driving insane of millions of monkeys, ddgs, cats, rats, and other animals every year, often at taxpayer expense. Consider the following experimental procedure: Cambridge (England) scientists administered electric shocks to the eyes of rabbits to make them blink. Shortly before the shocks therabbits were shown a light that they came to associate withthe pain in their eyes. Eventually they became conditioned to blink withthe light alone. Science marches forward. Call me fanatical, call me extreme, but for some reason, it bothers me to learn that people in white robes are electrically shocking the eyes of rabbits. Scientists would call me emotional, or anti-science. I admit that I have emotions (I think that most people do), but I am not anti-science I'm anti-torture, even of animals. Does this make me "one of those animal rights nuts"? If I'm a nut, then what do you call "northe guy who shocks rabbits' eyes mal"? Then there is common sense. Do you really believe that people and animals think alike? Consider this true experiment: to study the relationship between peer pressure and alcoholism, researchers will turn a group of monkeys into alcoholics. Then they will take a non-alcoholic monkey, place her in a cage filled with drunken monkeys, and see if the healthy monkey will drink alcohol with her fellow — — I wish I could say that everything I've written is just the result of a twisted imagination, but regrettably, it is not. Psychological experiments on animals are conducted every day in universities and research institutions around the world in an effort to understand how people think and behave, and they are anything but painless. These experiments go far beyond the common misconcep- monkeys. I have a few questions: does this monkey have a job? If so, does she worry about whether she'll get fired for having a drinking problem? Does this monkey have a family depending on her? Does this monkey watch TV or read about the dangers of alcohol? I could go on, but I think I've made my point. Psychological testing of animals makes no sense, is stupid and cruel, and is an enormous waste of money that can be better spent meeting the physical and emotional needs of people. It is time to end the waste and cruelty of psychological testing of animals. Our society should not condone such insanity simply because researchers want to satisfy their curiosity or publish instead of perish. Just because we've been abusing animals in this way for a long time does not mean that it is right, or that we can't stop it (to paraphrase Shaw, that we can't change our customs and unreconcile ourselves from any atrocity). Next week will bring us two events that are meant to heal humanity's relationship with our planet and our fellow creatures. April 22 is Earth Day, and April 23-28 is World Laboratory Animal Liberation Week. These are good times to reflect on our species' connection with the Earth and all its inhabitants. We know that we are reaching a crisis stage in global history. As human beings, we have the power to destroy all life on this planet, or to save it. It is time to start saving lives. ERRATA: Last issue in this column I mistakenly referred to Willy Webster as the head of the FBI. Willy Webster was the former head of the FBI. The current head is Willy Sessions. I apologize for confusing Mr. Sessions with Mr. Webster, but either way, he's still a Willy. Graffiti Prompts Reflections on Free Speech at UB As I was sitting in a library study carrel yesterday trying to avoid the reality of a fifty page reading assignment which sat impenetrable before my eyes, I glanced up to find a startling piece of graffiti carved into the shelf in front of me. Its message, in no uncertain terms, was that an extremely vocal member of the conservative element of UB was a "SELFLOATHING HOMOSEXUAL". You can imagine my shock and amazement at the import of such a message. My discovery was all the more disturbing as a result of the enormous amount of energy I had expended over the past few months in countless conversations and hours of soul-searching over the issue of free speech in the law school community. I had almost reached the point where phrases such as "the faculty statement", "Amherst Police Department", "JAG Corps" and "homophobia", having become all too familiar, were the only speech I wanted to prohibit. This was not because of any disagreement with their meanings, but only due to the fact that I now know more about them than about "springing executory interests", "products liability", or "pre-trial identification procedures", concepts I have supposedly mastered in all of their subtle nuances. by Andrea Sammarco News Editor This is not to say that I wish to quell the debate which has been raging concerning free speech on campus, or that such conflict does not encompass within its parameters issues which are emblematic of serious problems within our society at large. In truth, I am very grateful that such concerns do get raised at this law school, because experience in dealing with and resolving questions of prejudice and antagonism towards one group in relation to questions of free speech provides a much more substantial and important learning experience than one could obtain from any casebook. I want to use the graffiti which I observed in the library in order to illustrate a number of points. First of all, it makes apparent the fact that hate speech can be used against anyone. I'm not sure which party the individual who wrote this epithet meant to insult, but it seems that many people would be offended by such a phrase. Although I cannot claim to speak for the conservative who was implicated as a "self-loathing homosexual", I suspect that he may feel insulted because a) he considers homosexuality to be aberrant behavior, and/or, b) the graffiti seems intended to call into question the motivation behind this person's political beliefs. In a similar manner, lesbians and gay men may be insulted by this graffiti because it seems to imply that homosexuals should somehow be ashamed of their sexual orientation.The fact that this individual whose name was written in the carrel may consider homosexuality a sin does not place the objection he may experience to the epithet on the same level of importance as the objection of a lesbian or gay man. His subjective interpretation of homosexuality as a personal deficiency is in no way comparable to the threat posed by homophobia to the lives and happiness of a substantial segment of society. However, the graffiti provides evidence of the temptation felt by some to slander members of our community based on their beliefs or lifestyles. I must be honest and say that I am indebted to the author of the exclamation for demonstrating to me an example of hate speech which cuts across many boundaries in its capacity to convey hatred and to inflict pain. He or she proves that hate speech may be utilized against not only the typically disadvantaged members of our society, but may include any individual or group within its bounds, including theconservative minority on this campus. This brings me to my second point, which concerns the enticing notion of unfettered free speech, and whetherthe First Amendment allows for the establishment of boundaries on its employment. Obviously, we do not live in a perfect society where free speech, in all of its splendour, will bring forth the light of truth if allowed to go unregulated. The reality of our society is that it can and will be used, in the most basic and Darwinian sense, to disparage and oppress certain members of society, and further, that the oppressed will usually be those who typically have been oppressed, such as women, people of color, and gays and lesbians. In a perfect world, the head-spinning heights to which truth may be elevated in the "marketplace of ideas" are not undercut by the physical realities of violence and brutal oppression. In a perfect world, the light of reason produced by the clash of opposing ideologies is not clouded by wilfull ignorance and hatred of an individual's skin color or sexual preference. The notion promulgated by civil libertarians that speech may always be used to successfully counter government oppression and will also ultimately bring out the in society, although absolutely desirable, is not one which promises success, at least not in the near future. As a student at ÜB, I have seen the university president stand idly by while lesbian and gay students are harassed and intimidated, and then react quickly against law school faculty attempts to ameliorate the situation. I have seen a candidate for the position of SBA president speak out in the name of what he conceives of as "TheLaw" in its pure and undiluted form by proposing to cut the budget of any group with whom he does not agree. I believe that a majority of students at this law school may be feeling disturbed and slightly irritated at the intense reactions of both political extremes to events on campus, and I have seen those feelings subsequently manipulated by one political ideology to be used as ammunition against another. This is not to say that unfettered free speech is a goal which should be abandoned. In fact, it is imperative to stress once again, in response to all the frustration and anger of sensitive and caring individuals whenconfronted with the insidious accumulation of hate speech which permeates our world, that informed response and education are the best tools to combat ignorance and fear. At the risk of being repetitious, I would stress that the suppression of one type of speech leads to the suppression of all speech. I also feel that it is very important to recognize the distinction between the manner in which an idea is presented, and the idea itself. As a member of the pro- gressive contingent of the law school, I admittedly have been tempted at certain points in the past to discount the validity and weight of an article or viewpoint because it was printed in, for example, the Federalist Papers, and I'm sure that many members of the conservative element here could say the same thing about The Opinion. On a more intrinsic level, this tendency replays itself many times over in our subjective analyses of ideas, based on half-realized assumptions and insidious prejudice. This process is the basis of the hate speech which we react so strongly against, and its development in ourselves may go unnoticed in thefervent drive to eliminate it in others. At the risk of sounding naive, I would like to posit the suggestion that it is imperative, while developing the argumentative skills and talents so conducive to good lawyering, to resist the temptation to "go for the jugular" in our personal relations. While defending a client in a court room setting requires the ability to take advantage of the weak points of the opposing side's argument, the most beneficial means of solving a problem outside of the court room is to utilize the best aspects of both sides of an argument. This involves: 1. The recognition that not agreeing with a person does not make that individual your enemy, nor does it automatically define all of his or her beliefs as "right", "left", or "moderate". 2. Concessions. In recognizing the aspects of your opinion (and it is only an opinion!) which may be ideologically unsound, and conceding points which you find persuasive, instead of battling "to the death", you preserve the respect and integrity of all parties concerned. 3. Respect and tolerance for opinions which differ from your own. I have attempted to elucidate certain principles which I feel too often get discarded in the rather contentious atmosphere of a vibrant law school such as ÜB. Hopefully, a more tolerant environment for the diverse political beliefs of the student body will in turn promote tolerance and acceptance for everyone beyond the confines of this university. April 18, 1990 The Opinion 5 �Jessup Moot Court Competition A Rewarding Experience This is a thank-you note to everyone who participated in the Second Annual Jessup Moot Court Competition for firstyears and to all those members of the Jessup Board who worked to make it successful. To acknowledge how hard everyone involved in the competition worked, an explanation of this event is in order. zational costs. Thus, Fasken monies relieve the administrations of these four schools from the burden of having to underwrite the competition. Nonetheless, participants must rely on their schools for support to cover travelling, housing and food costs. The first-year competition generally works this way: the Jessup Board holds an informational meeting for all interested first-years during which Board members explain the basics of the issues to be debated and describe some of the technical aspects of a moot. Interested first-years then familiarize themselves with the fact situation, briefs already written about the problem and any additional information. All of this material is Xeroxed by members of the Jessup Board and made available to first-years at cost. Big thanks go to Board members Nan Clingman, Kimi King and Todd Williams who worked on the informational meeting and prepared the packets of information for first-years. Loretta Smith The First-Year Jessup Competition began for UB last year when Professor Virginia Leary received an invitation, asking our Jessup Board to participate in a moot for first-year students. The competition had been on-going among the Syracuse University Law School, the University of Toronto Law School and the Queens University College of Law. For many years the competition had only been between Toronto and Syracuse students with Queens starting to participate two years ago. One of the reasons why UB was invited is that these four law schools form a geographical region. Since each of these schools is within a few hours' drive from the others, the competition can conveniently be hosted at a different school each year. These schools pose tough competition: the University of Toronto is often considered the Harvard of Canada, with Queens calling itself the Canadian NYU. Syracuse University allows first-years interested in specializing in international law to write their oral arguments for this competition in their Research and Writing class. Without the generosity of the large Toronto-based firm Fasken, Campbell and Godfrey, who sponsor it annually, there would be no first-year competition. Fasken monies usually provide participants and coaches with an evening reception, a light breakfast, as well as cover the cost of printing packets and incidental organi- Various members of the Kingston group delivered on that promise in a big way. Special thanks goto Maryellen Gianturco who organized a fundraiser selling chocolate hearts for Valentine's Day that defrayed the first-year team's — — Moses Howden, Dan Vira, Donna Manghini, Pierre St. Hilaire, Doug Skular, Mark Kushner, Kirn Danzi, Scan Galliher, Greg Chestnut by J.P. Davis, M.A., j.d. illustrated by William Ortega WILLIAM S. HEIN & CO., INC. Buffalo, New York CONCH MAGAZINE LIMITED (PUBLISHERS) Owerri Buffalo 1989 Hardback: Softback: To be selected for the team, a student writes her/his own oral argument in order to deliver it in an intramural meet. Students have an opportunity to practice their argument before the intramuralwith members of the Jessup Board. In the intramural, they deliver their arguments before a three-judge panel of Jessup Board members knowledgeable about the issues. The 8 best oralists go on to represent UB at the first-year competition; four argue only as applicants and the other four only as respondents. All those involved in the competition approached it with great enthusiasm and commitment. The eight studentsfrom UB who competed at Kingston last year are Dudley Bertram, Bill Greener, Moses Howden, Maryellen Gianturco, Mcl Rogando, Pierre Sainte Hillaire, Loretta Smith and Cindy Storer. Participating in last year's event fired us up and we returned to UB committed to making this year's competition even better. We silently promised ourselves that we would give this year's team more coaching and technical advice as well as a big dollop of moral support. We wanted this year's group to benefit from our trials and triumphs. travelling costs. How to Pass The Bar Exam Available at: As this competition is designed to teach and hone oral skills, first-years do no original research or writing. To get on the team, first-years rely on the packets of information given to them to prepare their oral argument. The packet includes the memorials written by the current Jessup team members as well as treaties and other material. The problem in the firstyear competition is the same as the current Jessup problem, an au courant issue of international law. This year's Jessup problem focused on the use of Antarctica as a toxic waste site and on liability for the extinction of a unique starfish species resulting from the removal ofsuch waste. 482 Franklin Street Buffalo, New York 14202 (716) 884-2606 $24.50 $14.50 Moses Howden, William Bee and I judged this year's intramural competition. As Moses was unfamiliar with the Jessup problem, he spent many hours acquainting himself with the fact situation and issues of the problems to act as a competent judge. Big thanks go to Cindy Storer who, with Moses' help, organized the practice rounds to get thefirst-year team prepared for the competition. Along with Pierre Sainte Hilaire, Moses helped prepare the team during three consecutive events by acting as judges and coaches. Others who helped prep the team are three of this year's Jessup Team: Bill Bee, Marybeth (continued on page 7) Kaplan-SMH proudly announces: Computerized Diagnostic Analysis Attorneys Reading Your NY Essays More Multistate Questions Until now, studying for the bar exam has been a guessing game for many students. Sure, all bar review courses teach the law, and some give you practice exams along the way. But now Kaplan-SMH is providing a sophisticated diagnostic tool to all of its students as an integral portion of our course. We not only teach the law and give you lots of practice, we analyze your practice by computer and give you detailed diagnostic printouts showing which subjects need more study! The CDA: Identifies the core subjects in which you are strong; Shows you the major topics and subtopics you should study more, and refers you to the appropriate study materials; Helps you avoid wasting time on the subjects and topics which you already know; Provides an estimated MBE score! On the NY Bar, Kaplan-SMH has added live readers for your sample essays. Practicing attorneys will read your essays, examine them for accuracy, for analysis, and for style. You will receive your essays back with substantive comments. Kaplan-SMH For the Test of Your Life (Plus $2.00 Shipping/Handling) For more info: 837-8022 6 The Opinion April 18, 1990 1-800-343-9188 �Library Responds to Student Complaints Again The Complaint: It seems as though every book or journal I wish to use is "LOST"; not checked out, nor on the infamous 4th floor reshelve stack area. How can I do effective research in this library? The Response: It certainly can be frustrating trying to locate materials needed for research. There may be several reasons for not finding materials, indicated as being in the library, on the shelves. When the same assignment is given to a large class, the Circulation staff may be unable to reshelve materials as quickly as needed. Unfortunately, students are not always considerate of their fellow student's needs and fail to return materials to correct locations. This is evidenced by the large volume of materials left at the photocopy machines and on the tables. Especially troublesomearethe situations when materials are left at the end of bookstacks and, in some cases, hidden behind other books on a shelf. In a library of this size, the one item you are looking for on the second floor may have been carried to and, possibly, secreted on the seventh floor. It is the Circulation Department's policy to reshelve materials on the 2nd and 3rd floors and, in the photocopy rooms twice daily. Materials located on tables on the 4th, 6th and 7th floors are cleared on alternate evenings during the week. When there is an increased activity at the Circulation Desk, shelvers are reassigned to cover the desk. The Circulation staff will search for "lost" materials, as priorities dictate, if you fill out a pink lost book slip. Please be sure to check with a Reference Librarian if you are unable to locate an item. In many cases, the same materials can be located through the use of alternate sources. In addition, the Reference Librarian can determine if an item should be reordered or obtained on interlibrary loan. The Complaint: Why not post more signs throughout the Library more strongly imploring persons to reshelve? It is often quite some time before books left on tables find their way back onto the shelves. I've come to other libraries which have signs such as: RESHELVE OR DIE! Too strong? Perhaps. But something should be done to educate students as to the necessity of reshelving. Strategic reminders in theform of more signs would do the trick cheaply. The Response: We have signs posted on the second and third floors and in the Jessup Scarcello and myself. Grand thanks to Bill Greener, Moses and Pierre who accompanied the team to Syracuse. Bill was the trip facilitator, renting the van, arranging room reservations and ensuring that the logistical worries that plague events like this in no way affected the team's preparation. Moses and Pierre were coaches. Nan, Kimi, Todd, Maryellen, Cindy, Moses, Pierre, Bill Greener, Bill Bee and Marybeth gave more than just their time; their efforts created the opportunity for the first-years to learn lawyering skills in a practical way, to learn in one week how to think and talk the law in a way that most courses do not provide. Their generosity shows theirstrong belief in the efficacy of teaching oral advocacy to firstyears through a bona fide moot court competition. A grand portion of the thanks and gratitude expressed here goes out to those 1-Ls who represented UB at Syracuse on March 23 and 24: Brian Carso, Greg Chestnut, Kirn Danzi, Scan Galliher, Donna Menghini, Mark Kushner, Doug Skular and Dan Vira. Not only did these eight work hours and hours over their spring break just to create the structure of their argument, they also gave hours and hours to practice their arguments during the week when the first drafts of xerox room asking that our patrons reshelve theirbooks. We will post additional signs. It is our policy to have our own staff reshelve the books on the upper floors. However, even with our posted signs, it has been our experience that our requests to reshelve books have been ignored by our patrons. We ask that all of our patrons recognize that we need some assistance in keeping the books accessible to everyone. The Complaint: Why is there chanting and yelling coming from the Moot Court when we're trying to study on Thursday evening? The Response: If you could indicate the date on which this occurred, we could check with the scheduling office to determine if the Moot Court room was scheduled for use. Also, you may not be aware of the fact that the Moot Court room is rescheduled for events otherthan University classes. The Complaint: We, the women of the law school, appreciate the library's attempt to designate a female bathroom. Unfortunately some of our male associates have seen fit to tear down any identification put up. We regret the lack of responsible personal hygiene that made this necessary in the first place, and an attitude indeplore their misogyny appropriate for professionals ofthe 90s. The Response: The decision to designate a female bathroom on the sixth floor and a male bathroom on the seventh floor was made by the library staff after receiving complaints about the conditions of the facilities within the library. We realized thatthis would be a controversial decision and, as you know, our signs on the sixth floor bathroom indicating that it is a female bathroom have been repeatedly removed. Permanent signs will be affixed to the door shortly. Although we did not know who has been removing the signs, we would like to suggest that if there is a disagreement with the decision, that those disagreeing voice their concerns directly to the library administration. — The Complaint: I'm sick of going into the copier rooms and finding out that every single copier has something wrong with it. I'dlike to suggest thatyou get someone on the staff full time to maintain and repair copiers. The Response: The Circulation staff makes every attempt to keep the photocopiers in working order. The library staff is authorized to refill paper trays, to add ink, and to clear simple paper jams. Any from page 6 their briefs were due for Research and Writing. These eight could not have given more. Had I not seen their improvement personally, I would not have believed it. But having seen what they accomplished in the space of one week, I offer them my respect and gratitude for their hard work and guts. I know the students who went to Syracuse like those who went to Kingston last year have gained insights into the law, law school, each other and themselves that coursework does not and can not give. And it looks as though these eight are as committed to improving next year's competition as the Kingston team was last year. It's in the nature of this event: one cannot experience a first-year moot court competition and not realize its powerful and empowering benefits. I believe the time has come for the law school and the Administration to become aware of the efforts that various UB students have made to create, develop and foster a firstyear oral competition. It's timefor the Administration to provide help by setting aside funds so that the Jessup Board may be able to host this competition at UB next year. Once again, to everyone who participated in the first-year oral competition, thanks. And to the first-year team, welcome to the Jessup Board. other problems must be handled by a Xerox Service Representative or our warranty is voided. It may be interesting to note that in a six week time period, the four photocopiers on the second floor produced approximately 61,818 copies. Realizing the heavy demands placed on the copiers, the Law Library replaced two copiers, added two additional copiers, and installed a copier on the 6th floor at the beginning of the Summer of 1989. We have been aware that one of the problems that creates paper jams is the use of non-xerox paper. Recently Xerox was awarded the state contract for supplying photocopier paper. Once the new contract is operational, we hope that the use of the xerox paper in xerox copiers will reduce the instance of paper jams, and will improve the quality of photocopies. Even if we were able to add a staff member to maintain and repair the copiers, we would still not be able to insure that the photocopiers were in working order as many repairs can only be done by Xerox Service representatives. The Complaint: There has to be a way of getting a reference librarian in on Sun- days or getting someone in who can keep WESTLAW available on Sundays. We need to do research every day of the week, especially on weekends. The Response: Our present reference staff is not large enough to provide reference service on Sundays. The current staff consists of two librarians whose pri- Mary responsibilities are providing reference. One of these two librarians works half-time. Thefull-time reference librarian administers the Reference Department and, from January to July 1990, is the Acting Director of the Law Library. Two other librarians, the Documents Librarian and the International and Foreign Law Librarian, participate in providing reference service in addition to their other responsibilities. When not on sabbatical, the Director of the Law Library is able to take time from her administrative duties to provide reference service, too. We would certainly like to provide reference coverage on Sundays. However, without additional staff, we are forced to provide reference service when we feel the demand is the greatest. It should be noted that any of the reference librarians would be glad to meet with students, at a mutually convenient time, for reference help. In reference to WESTLAW, we regret that we cannot provide coverage on Sundays. Because of our educational contract with West, as well as with LEXIS, we must monitor use of the terminals. Recently, we installed three additional WESTLAW terminals in our WESTLAW Permanent Learning Center in an attempt to provide greater access during the week and on Saturdays. Also, we have four LEXIS terminals in our LEXIS Permanent Learning Center. While we appreciate and encourage the use of both WESTLAWand LEXIS, it should be remembered that much of the material in these databases is available in paper format in the library. UB Law Alumni Association To Honor Outstanding Members Five outstanding alumni will be honored by the University at Buffalo School of Law on Friday, May 11 when the UB Law Alumni Association holdsits 28th Annual Meeting and Dinner at the Buffalo WaterfrontHilton. The meeting will begin at 5:30 p.m., followed by cocktails at 6 p.m. and dinner at 7 p.m. The dinner is the Association's major fund-raising project. Following dinner, David E. Parker, president of the Law Alumni Association, will present Distinguished Alumni Awardsto: Hon. Edmund F. Maxwell, of Buffalo, Class of 1949. Maxwell is cited "for his conscientious performance as a U.S. Magistrate." Maxwell pursued a career in private practice until 1971, when he was appointed to his present position as a U.S. Magistrate, U.S. District Court, Western District of N.Y. According to Parker, "He is highly regarded by his colleagues and by attorneys for his intelligence and fairness." J. Mason Davis, of Birmingham, Ala., Class of 1959. Davis is cited "for his leadership by example as a private practitioner." Unable to attend law school in his home state because of segregation, he returned there after graduation and has assumed leadership positions in numerous professional, corporate and civic organizations. A businessman and politician as well as a senior partner in the Birmingham law firm of Sirote & Permutt, P.C., Davis has served as president of the Birmhingham Bar Association and as a Commissioner of the Alabama Bar Association. Paul Gonson, of Washington, D.C., Class of 1954. Gonson is cited "for his commitment to public service." Since joining the Securities and Exchange Commission in 1961, he has held a series of important positions in the Office of the General Counsel and has argued a numberoflandmark cases. Now Solicitor, he supervises the Commission's appellate litigation and the defense of litigation brought against the agency. He also supervises the Commission's ethical conduct program, among other duties. Carl J. Montante, of Buffalo, Class of 1967. Montante is cited "for his many contributions to the betterment of our • • • • community." President of Uniland Development Company, he has built some of Buffalo's most appealing buildings and office parks. He has also headed Catholic Charities and the Sisters Hospital Foundation Board, as well as lending his expertise to numerous other charitable boards. Harold A. Dautch, Class of 1937. He will receive an award posthumously "for exemplary performance in business." Dautch, who founded the Jenss department store chain, was largely responsible for developing the Boulevard Mall in Amherst, the first enclosed shopping mall in New York State. He is remembered as a consumer-oriented businessman with the highest standards. According to Jean C. Powers, chair of the dinner, this year's sponsors include: Manufacturers's & Traders Trust Company; Ticor Title Guarantee Corp; Alan Fenster Associates; Barrister Information Systems Corp.; Frank L. Papa National Fire Adjustment Co.; Freedman-Harris Insurance Agency Inc.; Holcberg, Ltd. Real Estate Brokerage; Jack Hunt and Associates, Court Reporters; Lathan, Lumsden, McCormick & Co. Accountants; R.L. Sonnenberger Land Surveyor. Reunion seating will be arranged for the classes of 1930, 1935, 1940, 1945, 1950, 1955, 1960, 1965, 1970, 1975, 1980 and 1985. Please indicate when making reservations. Tickets for the dinner are $45 per person, or $30 for alumni who graduated in 1985 or later. Please make checks payable to University at Buffalo Law Alumni Association and send to Arthur A. Russ, Jr., 2100 Empire Tower, Buffalo, N.Y. 14202. Students who want to attend on a firm scholarship should sign up in the alumni office. • EARTH DAY 1990 Sunday, April 22, 1990 Clark Field, MSC Noon-Sunset April 18, 1990 The Opinion 7 �THE NEW YORK BAR EXAM HAS CHANGED AND BAR/BRI HAS CHANGED WITH IT!! There has just been a major change in the New York Bar Exam and it will benefit BAR/BRI enrollees. The New York State Bar Examiners have dropped a number of topics from the Bar Exam, effective immediately. In addition, the Examiners will change the emphasis slightly among the remaining topics. What this means to you is that you will be able to devote more time to the Multistate subjects and more time to the skills needed to optimize your scores. We at BAR/BRI have already changed our testing materials to reflect the new Bar Examination. No longer will you be tested on such topics as Bankruptcy, Labor Law, Insurance, Municipal Corporations and other topics deemed unimportant for exam purposes by the Bar Examiners. There will be a renewed emphasis on the six core Multistate topics and on New York Practice, Wills, Trust, Corporations, Domestic Relations and various other topics that New York considers to be important. Already, the free Essay Workshop that will be provided to every BAR/BRI enrollee for the summer of 1990 has been redesigned to reflect the new emphasis on the New York Exam. Plus, the free Multistate Workshop will be more valuable than ever. The New York State Bar Exam keeps changing and BAR/BRI keeps changing with it. This change is primarily to take things off the New York State Bar Exam. In future years we expect the Bar Examiners will be adding things to the Exam, probably in lieu of the New York multiple-choice component. Our staff of attorneys is now developing both a performance program and an enlarged essay program in the event that New York State goes in that direction. As soon as further changes occur, we will keep you informed. BAR REVIEW 8 The Opinion April 18, 1990 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-04-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/18/1990 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9c984eb62619b641a6c479a8f813b349.pdf b182eacc8429c474e2e3cb87b46f7642 PDF Text Text O THE PINION Volume 31, No. 2 August 24,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW A User-Friendly Guide to UB Law School By Andrea Sammarco News Editor Welcome first-year students!! You may take pride in realizing that you have been elected to take part in the much touted, oft maligned but never surpassed, Noble Experiment-the Buffalo Model, UB Law! The first, and perhaps the most important lesson you will learn in your firstfew weeks as a law student, is that the Admissions people didn't make an outrageous slip-up in admitting you, and with a little luck, you mayactually manage to distinguish yourself. In order to help you avoid having your grandiose plans for the conquest of the legal profession sullied and hampered by trivial setbacks and daily annoyances, here are a number of hints to funtioning successfully at ÜB.: 1. Some of your first year professors may tell you to purchase mimeographed materials for class in addition to your casebook (especially if you are in Section 2.) These materials can be obtained at the mimeograph room on the second floor across from the law library. Don't bother bringing cash or credit cards there as payment, though; for some reason the memeograph people recognize only personal checks as legal tender. If you don't have a checking account, you may have to rely on the kindness of fellow classmates. 2. UB commuters will undoubtedlyrun up against the infamous lack of parking space on the Amherst Campus. Since the administration doesn't seem inclined to do anything to rectify the situation besides attempting to institute a hefty parking fee, it is usually advisable to give yourself at least 20 minutes searching time before class. The lot generally considered the law school lot is a hop, skip, and a dodge across the Flint bus loop. Neat orderly lines of parking space covetees form in this lot from about 8:00 a.m. to 2:00 p.m. Respect for the sanctity of these lines is essential and it may save your life. If by some strange twist of fate you should get a parking ticket from the friendly folks at public safety, these can be paid at 232 Capen Hall, or at Bissell Hall, by the Coventry Entrance. 3. Speaking of 232 Capen Hall, any questions about bills, financial aid, general registration woes, orthecrisis in the Persian Gulf, can usually be answered quickly and competently by the people in this office. If they don't know the answer, they can probably direct you to someone who does. As a law student, your basic registration and financial queries should be directed to the Records and Registration office, 3rdfloor O'Brian, or 232 Capen Hall. 4. To obtain your own quick and handy source of information about UB life, you should pick up your free copy of Reach, the user's guide to ÜB. Theywill be available in Capen Lobby, which is on the first floor of Capen, and will contain the answers to many burning questions about life at this university. Also included in reach will be, hopefuly, maps of both the Main Street and Amherst campuses. My advice is that you take these out and nail them to your wall, car dashboard, or forehead, because they are invaluable, especially in navigating your way through the labyrinth of the Main Street Campus. 5. Although most of you may feel too busy to eat duringthe first couple of weeks, a list of places to fuel up may come in handy later on. The closest place to grab a quick bite is the Baldy walkway snack stop, onthe second floor between O'Brian Hall and Baldy Hall. Although they don't have much of a selection, it's a nice place to convene with classmates. The Baldy snack stop has a sister satellite across Putnam Way in Jacobs Center. Also close by is the Student Activity Center(SAC), which is across Founder's Plaza. They have a large menu, and entertainment right outside the door during the warmer months. Norton Cafeteria is right across the walkway from O'Brian, on Norton Hall's first floor (Norton Hall is the building with the clock on it in front of Flint The 1990 Orientation Committee from left to right: Mark Steiner, Suzanne Taylor, Amy Press, and Jim Monroe. Missing are: Roger Doyle, Sandra Birnbaum, and Taunya Hannibal. Loop). This is more of an undergraduate scene (food fights have been rumored to occur here), but the selection is good, and you can even get frozen yogurt. Finally, for those adventurous crave souls who something different...you're out of luck. Ha ha!, but no, really, Talbert Cafeteria, on the far east end of the spine, has vegetarian fare (falafel, etc.), and other interesting delicacies. It closes at 2:00 p.m., so get there early. The only way I've ever been able to find this place is by walking through Capen Lobby, past the money machines, and around the corner, and suddenly it magically appears. I've no idea if another route even exists. It's sort of the Shangri-la of the Amherst Campus. 6. All that construction going on by the book store, in case you're wondering, is going to be what the Administration affectionately refers to as the UB Commons, which is another way of saying a MALL. Yes, UB students will have their very own mall, at which to do a little relaxing shoe shopping after a hard day of classes. It is my personal opinion, (which in no way reflects the editorial stance of this paper), that the only redeeming factor about the "UB Commons", is that it will reportedly be the home of the only bar on campus. The other onlyredeeming factor (I guess there are two), is that if we're good and ask real nice, the "Commons" could have a "common" area for the erection of a student union, which UB desperately needs. But enough grousing... That, in a nut shell, is a list of trivial but useful points that new law students may find useful. Once again, I'd like to welcome you to the law school, and encourage you to think of the students,faculty, and administration as your extended, if somewhat capricious and argumentative, family. The Moot Court Low-Down By: Kimberlianne Podlas & Kathleen Reilly The Moot Court Board would like to welcome everyone back, while extending a special welcome to all the first year students. Over the summer, the Executive Board of the Moot Court has been busy planning for this year's competitions. Kathleen Reilly (Director), Ken Gossel (Assistant Director), Tom Galligan (Secretary), John McGuire (Treasurer) and Kimberlianne Podlas (National Competitions Director) have set the dates for the 1990 Desmond Memorial Moot Court Competition. The competition will run from early September through October, with oral arguments scheduled for the week of October 22nd. All eligible participants will receive invitations to compete, in their mailboxes in early September. An informational meeting will be held at this time to answer any questions regarding the Desmond and provide further information for competitors. First-year students, although ineligible to compete, are encouraged to volunteer to clerk for the Desmond Competition. Clerking is an excellent way of getting a first hand glimpse at oral argument, while learning more about Moot Court. In addition to thisfall's Desmond, the Board will also be hosting the Mugel Tax Competition and the National Appellate Advocacy Competition (NAAC) in the Spring. National competitions are an intricate part of the Moot Court Board's activities. Last spring, five associate members of the Board attended national competitions at otherlaw schools. Rachel Kane and Pierre St. Hillaire represented UB at the Gabrielli Family Law Competition in Albany. Rachel and Pierre's combined scores placed them in the top 40% of all the teams competing. Jim Sacco and Brian Lauri competed in the Regional Qualifiers of the NAAC, sponsored by the American Bar Association. Of the 5 teams attending, our team advanced to the semifinals and Brian Lauri was named 'Third Best Oralist". Finally Kimberlianne Podlas and Gary Hall, former Board Director, attended the Cardozo-BMI Entertainment and Communications Law Competition. Kimberlianne and Gary advanced to the quarterfinals, out of afield of 33 teams. In addition, Kimberlianne won the competition's 'Third Best Oralist" award out of 81 eligible oralists. The Moot Court Board is located in the basement oftheLaw SchoolRoom 11. If anyone has any questions please do not hesitate to get in touch with a Board member. All of us on the Board are looking forward to another exciting and successful year. HIGHLIGHTS Advice to new students pg. 2 Betty and Alan welcome Section 2 students pg. 3 Tenants' pg.3 Rights 0 �OPINIONfiICi olume3l,No. 2 EDITORIAL BOARD Editor-in-Chief: Maria L. Germani Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: August 24,199C Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe EDITORIAL Although by now greetings have been extended to all newcomers to UB Law School ad nauseum, hold on for just one more. BENVENUTO A TUTTI! You are about to embark on an adventureof frustration, excitement/boredom, exhaustion and ultimate satisfaction as none you have ever experienced before. This issue of The Opinion contains articles tilled with good practical advice not only for the newly-arrived, but for upperclassmen as well. While we are all obviously here in pursuit of the J.D., it is of utmost importance that we keep our perspective on things. The importance of time and energies devoted to our courses cannot be stressed enough, but it is crucial that you NOT allow your studies to consume you to the point of disregard of the events occurring outside the confines of this school. The Iraqi invasion ofKuwait and its global political, economic, and diplomatic consequences will be heralded as a majorturning point in the history of United States relations with foreign countries. If internationalrelations do not interest you domestic events across the country could not have been planned as better educational supplements to our law school experience. Abortion restrictions in GuamandPennsylvania, artisticfreedom andtheFirst Amendment, (starring our ArtificialArt Official himself Jesse Helms), and the nomination of David Souter for the Supreme Court. Let us not forget the Savings and Loan fiasco. For the business-minded, andall those similarly interested, millions of dollarshavebeen devoted toemploy attorneys to make headsortails out of thethrift industry. We're talking guaranteed future income for bankruptcy attorneys for years. Your law school experience will be as enjoyable as you make it. Study hard, and don't put your personal interests on hold. If you enjoy going to the movies, working out, the sports section of a newspaper, etc., then just DO IT! More importantly, take advantage of the various student groups and the numerous extracurricularactivities they offer: TheStudent Bar Association, The Entertainment Law Society, The HibernianLaw Society, TheLatin-American Law Students Association, The Federalists, The National Lawyers Guild, The Black Law Students Association, Amnesty International Legal Support Group, The Gay and Lesbian Student Organization, The International Law Society, The Women's Law Society, The LaborLaw Society, In ThePublic Interest, The Opinion....just to name a few. Remember, our educational experience does not end when class is dismissed. Joining a student organization is not only a terrific learning experience, it is also the most comfortable andenjoyable way of getting to know yourfellow classmates andfuture colleagues. Staff: Gary Ketcham, Daryl MacPherson Contributors: Martin Coleman, Alan Freeman, Marc Hirschfield, Jim Maisano, Betty Mensch, Kimberlianne Podlas, Kathleen Reilly, Tom Winward ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein is strictlyprohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear. It is the student newspaper of the State University ofNew York at Buffalo School ofLaw, SUNYAB Amherst Campus. Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, thirdclass postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is funded by theSBA from StudentLaw Fees. Betty and Alan Welcome Section Two Students Law, and lawyers, play a powerful role in our culture. That role has elicited strong responses from both admirers and critics. Consider this recent description by an anthropologist writing in the Yale Law Journal (Vol. 98, p. 1640): "Law has a mythic dimension, in its self-totalization, its quality ofbeing in time (in that it is a human product) but also out oftime (where did it or doesit begin orend?) and in its promise of systematic yet permutable meaning...Forthe myth to remain viable, the law must continually reiterate the distinctions between law and interests, the ephemeral and the enduring, the political and the sacred." Some have expressed something less than admiration or awe. Jonathan Swift wrote of lawyers in Gulliver's Travels: "There exists a society of men among us, bred upfrom their youth in the art of proving by words multiplied forthe purpose that black is white, or white is black, according as they are paid. To this society the rest of us are enslaved." One finds an even more stinging rebuke, in the context of a classic confrontation between the form of the law and the spirit of the law, as reported in the Gospel according to Luke: "Woe to you lawyers! for you have taken away the key of knowledge; you did not enter the Kingdom of Heaven yourselves, and you hindered those who were entering" (Luke 11:52). As you are about to embark on your own career in law, you might wish hard questions; on the other hand, you might prefer to prolong your summer to the last possible moment, and face these issues some other time. In any event, weare happy to welcome you to section two. As your teachers of Constitutinal Law, and Contracts, respectively, we will introduce our courses by considering, onthe one hand, the meaning oflaw in American culture, and, onthe other, a particular case of a broken promise. In Constitutional Law, we will take advantage of current events and consider, playing the role of the U.S. Senate, whether Judge David Souter, who has been nominated by President Bush, should be confirmed as a Justice of the United States Supreme Court. In Contracts, we will deal in obsessive detail with Hawkins v. McGee (the first case in your casebook), the famous "Case of the Hairy Hand" featured in the movie, "The Paper Chase." Thereafter, you will learn through innumerable cases more than you ever thought you would about the consequences of a broken promise. For Constitutional Law, you need not prepare for the first class. Read a poem, take a walk, watch a ballgame (Let's go Mets!), etc. Materials on the Souter nomination will be distributed in the first class. For Contracts, however, (Betty likes to get seriousright away), read Hawkins v. McGee, carefully. Welcome again!! Betty & Alan Editor's Note: This article was written under the assumption of publication The Opinion welcomes letters to the editorbut reserves theright to editfor length and libelous content. Letters longer than three typed double spaced pages will not be accepted. Please do not put anything you wish printed under our office door. All submissionsshouldbe placed in law school mailboxes 677 or 806 by the deadlinedate. Deadlines for the semester are posted in the mailroomand outside The Opinion office, 724 O'Brian. UPPERCLASSMEN URGE NEW STUDENTS TO BE OPEN-MINDED By: Jim Maisano, Tom Winward and Marc Hirschfield WELCOME TO UB LAW! One year ago, we walked through the doors of UB Law hoping to enter an environment of vibrant social, political and legal debatebetween open-minded students. We hoped both students and faculty would nurture this intellectual atmosphere in a search for solutions to the problems facing our society. Itturnsout, that there were people willing to make UB Law a thriving participatory democracy. Yet, we also found many ideologues on this campus unwilling to acknowledge any beliefs contrary to their own. Hopefully, the Class of 1993 will be a pluralistic community of tolerant students willing to listen to all sides of a debate whilerespecting alternative opinions. One of the first things we were told by some left wing students was that members of The Federalist Society were fascists. One student went so far as to say that every member of this organization was a racist, sexist homophobe. Well, we were very surprised when we 2 The Opinion August 24,1990 finally met the members of The Federalist Society, an organization which promotes a conservative analysis of the law. We found most of them to be intelligent and quiteknowledgeable on the political issues being debated on this campus, while being receptive to adverse ideas. This organization has much to offer this law school, yet they are too easily dismissed by certain dogmatic students. From the right wing, we were warned against the political beliefs of the National Lawyers Guild, who some thought of as unrealistic, radical communists. What we found in this group were student activists dedicated to social justiceworking on issues such as international human rights, prisoner's rights and discrimination at the University. Again, valuable political thought was obscured by the use of senseless labels. Werecommend that if you wish to benefit from the law school experience, do not allow yourself to be consumed by these types of lables. Do not just listen to labels like "communist," "fascist," "liberal," or "conservative," listen to the ideas people are trying to express. Every student has something valuable to provide to the political debate at this law school. When student groups are recruiting in the coming weeks, approach their tables with curiosity and an open-mind while listening to the views being advocated. Then make your own decision about joining. There are other benefits to remaining open-minded as you venture through law school. These years provide an excellent opportunity to reconsideryour political beliefs, while enjoying positive intellectual growth. Legal education allows many students to view our world through a new and differentprism. During law school it is important to rememberthe words of thefamous federal judge, Learned Hand, who believed that "the spirit of liberty depends upon a modest awareness that one is not always right." We must not allow the radical fringes, both left and right, to dominate and polarize the political debate at this law school. In Paul Johnson's "Modern Times," he describes the students and faculty who supported the Nazis in 1930s Germany. He claims it makes no difference whether the academic well is poi- soned by the left or right, it is still poisoned. Last year, a student wrote an article entitled,"Why I Hate Moderates." This student made an interesting observation by condemning people who are unwilling to take political positions. However, this student falsely accused "moderate" students ofbeing apathetic. An activist does not have to be left or right wing. We encourage students of all political ideologies, from the left to the moderate to the right, to come forward and make yourviews public. If you read or hear something you disagree with, write a letter to The Opinion, or join a group working on that particular issue. But please do not sitapathetically onthe sidelines. For a democracy to survive, it requires active participation from its members. Our nation's First Amendment allows for all types of participation and protects political dissent. UB Law must remain committed to these principles of liberty and continue the American tradition ofrigorous political debate and respect for alternative opinions. Hopefully, the Class of 1993will be up to this task! �GROUND ZERO Hindsight Advice to New Students (Ignore and/or Forget) By Michael Gurwitz Layout Editor Greetings and welcome to ÜB. You still have a chance to leave, you know. It's a big world filled with lots of people, doing lots of jobs, and not all of them are lawyers. However, if you're determined to get an esq. after your name, then you should make the best of your three years here, because like everthing else, they're going to fly right by, and in May of 1993(or 94), you might find yourself asking: "What happened to the last three years?" and "Have I learned anything?" The great paradox is that in law school, you will learn much, and learn nothing. It's a gut feeling. Despite it all, you should study hard. Even in your most nihilistic hours, study hard. Make it a point to participate in class (i.e. volunteer an answer). It's good for your confidence, and ittakes the pressure off the rest of your classmates. Take advantage ofyour professors' office hours and drop by. It's the best way to get to know each other. Also, bug upperclassers for their outlines and other advice. Doing your own outline at the end ofthe semester is very valuable as far as learning all that stuff you ignored throughout the semester, but other people's outlines, especially the classics that have been handed down overthe years, can be a big help—in many ways. Should you try out for law review? Yes. Law review is an archaic, elitist, manipulative institution, inclusion on which means nothing as far as your potential as a lawyer and a human being. However, being on law review can make the difference between getting the jobyou want, be it sleazy corporate or righteous public interest, and with today's job market, you'll need all the help you can get. Fight the political fight after you've graduated and assumed a position of power as a fullfledged member ofthe legal profession. Fortunately our lawreview tends to be a progressive journal, so it ain't that bad. The most important thing you can do is try not to take law school too Knowledge of Tenant's Rights Crucial for Off-Campus Housing Before you sign any offcampus lease —in fact, before you even begin to look for a place—it's a good idea to know exactly what a renter's legal rights are. Since renting is, after all, a business relationship, landlords (particularly unscrupulous ones) take advantage of every opportunity to increase profits. Unfortunately, this is especially true in areas where many renters are college students. By Martin Coleman A landlord in a place like University Heights may assume that students 'Won't know any better" if he or she includes an illegal clause in a lease or demands something that a tenant isn't legally obligated to provide. First off, there are generally three types of rental agreements: (1) written lease for a specified period of time, (2) orallease for a specified period of time, and (3) month-to-month. The degree of protection you have is greatest witha written lease and least with a month-to-month. If you stay past the end of your lease period you are treated as a month-to-month tenant if the landlord accepts your rent. Month-to-month leases allow either party to terminate the arrangement if at least one month's notice is given. So, for instance, if the rent is due on the 1 st ofthe month and your landlord wants you out by July 1 st, he must notify you prior to June Ist of his intent and vice versa. While written leases offer you the security of knowing how long you can reside in an apartment, they can also contain unfair provisions. Before you sign any lease you should know that you have every right to negotiate any terms of the lease you find unfair. Somelease clauses are forbidden by New York State law. These include: •Clauses that automatically renew yourlease if you haven't informed your landlord by a specified date that you will not renew the lease. Such clauses are legal if they require the landlord to give you between 15 and 30 days notice of the approach of the automatic renewal date (General Obligations Law section 5-905). •Clauses that allow the landlord to unilaterally change terms of the lease (General Obligations Law section 5-701). •You must be allowed to enter the apartment on the first day of the lease period, unless you sign a lease that waives this right. Don't forget that you can negotiate to remove such a waiver (Real Property Law section 233-a). •A clause exempting your landlord from liability for any injuries caused by their negligence is null and void (General Obligations Law section 5-321; Real Property Law section 259-c). •Some clauses seem so absurd orunfairthat they run afoul of the Unconscionable Lease Law. If a clause strikes you as falling in this category, you should try to negotiate to remove it from the lease (Real Property Law section 235-c). If a landlord refuses to remove any clauses thatfall undertheabovecategories you might take this as an indication of future problems withthis landlord and decline to rent from him. There are always other apartments to rent. If you have already signed a lease with any of these provisions you should contact a Group Legal Services immediately to discuss your options. Other rights tenants have, even if not specified in the lease are: • Warranty of Habitability, which means you are entitled to a livable, safe, and sanitary environment. Failure to provide heat or hot water, or rid the premises of insect or vermin infestation are typical violations of this warranty. You may either sue the landlord in small claims court for a rent reduction, or withhold your rent until the problem is solved. If you choose the latter course of action, your landlord may then sue you for nonpayment of rent, whereupon you can countersue for violation of the warranty. Before you embark upon eithercourse of action, you should contact Group Legal Services. •Landlord's Duty to Repair. This includes windows, plumbing, electrical problems, etc. You should immediately contact your landlord if there is a problem. If they do not fix it in a reasonable time (you are the best judgeof what is a reasonable time) then, depending on the severity of the problem, and its cost to fix, you can either call your local housing officials oryour local health department, or call in a repair person yourself and deduct the cost from your rent. •Right to Privacy. Your landlord may only enter your apartment on reasonable notice, at a reasonable time. •Retaliation. Yourlandlord may harass you or refuse to re-rent to not you because you contacted local authorities to help you with a problem that he or she was not responsive to. To protect yourself you should keep a written record of any correspondence or conversations with local officials. If a decision to refuse to re-rent or threat to evict occurs after this event, courts will generally presume that your landlord was retaliating against you. •Eviction. A landlord cannot evict you by use of foree—typically through threats of violence, removal of your possesions, locking you out of your apartment, orcutting off essential services. •Security Deposit. This is generally how most students get ripped off by unscrupulous landlords. A landlord may use the security deposit only: (a) as reasonable reimbursement for damages caused by the tenant beyond normal wear and tear, or (b) reimbusement on any unpaid rent. Furthermore, if you are living in a multiple dwelling apartment (fouror more separateunits), you are entitled to interest at prevailing rates on your deposit minus 1% ofthat interest for administrative expenses. If your landlord illegally retains yoursecurity deposit, you can initiate action. The best words of warning for you are: read your lease carefully, bargainfor unfair terms, keep records of all correspondence orconversations, and contact any authorities immediately if you have a problem. Editor's Note: Mr. Colemangraduated from UB Law School in May 1990. seriously. It's only school, after all, and we've all had years of experience of that. Have fun on the weekends. Goout dancing and hootin' & hollerin'. Engage in the most decadent of debauchery. Wear relaxed clothing, because most of you are probably looking at a future filled with horrible business suits—ties that strangle you, nylons that make you itch, all that good stuff. If you're a political animal, then stay political! There are lots of opportunities, both on and off campus, to continue any activism that turns you on. Write letters to The Opinion and start a fuss! But mostly, just relax and enjoy the ride. The road may be bumpy, but, like all commutes, it sure beats working! When you party remember t0... \_PARTY / Don't gel wrecked. If you're not sober- or you're not surelet someone else do the driving A message pnniclcxl b\ lhiMio\S|);i|XT and Beer DrinkiTs nf.Aiw.TicJ * lilt * BEER DRINKERS OF AMERICA PARTY*SMART National Headquarters 150 Paularino Aye.. Suite 190 Costa Mesa.CA 92626 714/557-2337 1-800-441-2337 nWrl>iiiikiiMii \imiii.ti>.imm-pritlii(fivhtunrr Htt'mhcnUiip lll'liJlll/alllKl H|Hll llll|\ to pITNUIMIH'I- till 1.Kvi<\ 1\ Law School Picnic Softball,Volleyball, Great Music Food and Free Beer I Sat. Opinion 12noon-6PIvIB Baird Point Recruitment Party Friday, September 7 12:30-1st Floor Lounge The Deadline for the next issue of The Opinion is September sth at s:oopm FREE BEER & PIZZA Please submit articles to Box 677 or 808. August 24,1990 The Opinion 3 �it «■iwp YOUR •*• LIJ LAN I IC daji A am B&tfU BAR/BRI Leaves Nothing To Chance. ta/fc/f The Nation's Number One Bar Review. 4154 Seventh \%e.. Suite 62. N.Y.. N.V. IflOOl 1212) 594-.WJ6 (2011 623-3363 161) Commonwealth A>e.. Boston. Mass 02116 (617) 437-1171 4 The Opinion August 24,1990 I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-08-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 8/24/1990 Bibliographic Citation A bibliographic reference for the resource. 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Todd Hobler, Regional Coordinator for SASU (Student Association forthe State University) has stated that these cuts have occured because "the Governor's office and the legislature have systematically reduced funding for SUNY while encouraging the individual colleges and universities to strive for self-sufficiency." According to Provost William Greiner, the composition ofthis cutback included "an immediate cut of $5.3 million in the continuing operations budget established by the Trustees for this campus," as well as the anticipation of "further cuts totalling up to $4 million to be imposed by the state before the end ofthis fiscal year." Following Governor Cuomo's veto ofa tuition increase for SUNY schools, school officials have opted to implement the fees in order "to protect the integrity of the academic programs", according to Robert Wagner, Vice President for University Services. Theresulting fees are higher at UB than at any other SUNY school. The fees are accompanied by a cut in the OTP (other than personnel) budget across the board. This cut has meant less money available for funding new law school projects and maintenance of existing programs. In addition, campus libraries will be affected, with the elimination of some minimum wage student jobs as well as meaning earlier closing hours for most campus libraries. It is also anticipated that the libraries wiil no longer be able to stay open around the clock during finals. The new fees may prove difficult to cover for students who rely heavily on financial aid, as well as EOP students who may not receive additional funding to cover these added costs. However, administrators have pointed out that by filing a revised FAF form, the fees may be absorbed by financial aid packages through loans. The fees may be catalogued as fol- lows: 1. A campus busing fee of $1 per or for a bus pass, will ride, $50 semester be collected from students travelling in between campuses. Ticket dispensers are placed in strategic locations on both campuses, and bus passes are available from 17 Diefendorf Annex, Hayes B, or 175 Alumni Arena. The bus passes may be charged to a student's account when purchased, thus deferring payment until the next billing cycle. Although originally slated to be implemented September 10, student protest and lack of interest in purchasing the passes (only 1000 have currently been purchased) have caused a delay in levying the fee. Robert Palmer, Vice Provost for University Services now claims that the fee will be suspended for 3 weeks, at which point the cost of maintaining the bus system will no longer be borne by the university and the shuttles will cease to run. He adds that the school is attempting to work outan alternative shuttle system with the NFTA, or a similartransportation system. Nevertheless, many students seethe impending cutoff in service as a ploy designed to punish students for protesting the fees. The busing fee seems to have aroused the most indignation from students, especially those living in the dorms, who claim that they should not have to pay for the necessity of travelling between distant campuses to get to class. SA representatives liken the buses to extensions of the hallways. Law students may not be as adversely affected by the fee in thatall law classes are located in O'Brien Hall onthe Amherst Campus. However, many who live in Buffalo and depend on the Bluebirds to get to class will now have to pay for campus transportation services as well as the NFTA subway and bus costs. (This double payment can be avoided by obtaining a transfer from the Main Street campus subway station to be used on the #44 BuffaloLockport bus, which runs intermittently between the two campuses. 2. A student health fee will also be levied against all full-time students at $45 a semester. Law students and graduate students in generalare usually ineligible for coverage under the insurance policies of their parents, and rely on university health services to fill the gap. The resulting price increase for health care may impact this group in particular, since this fee is in addition to the health insurance payments already in place. Dennis Black, Dean of Students, likens the payment of the fee to paying dues in a club. "If you are a member...you will get full treatment in university health facilities. If you don't pay the fee...there is no service and no referral." 3. Also included in the costs ofattending UB will be a commencement fee of $30, payable at graduation, undetermined computer and laboratory fees (which will affect disciplines dependent on those facilities as well as thecasual user), an undetermined parking fee (currently stalled in the face of University Council, student, and union opposition), and increased library and parking fines. Most of these cost increases have yet to be implemented. 4. The administrations both here and at Buffalo State College have also decided to require a $35 per year athletic fee, in order to fund attempts to acquire Division I status. Palmer claims that "the university is not investing significant resources of its own" in the drive "to improve the quality of intercollegiate athletics," but many students with limited means who are expected to pay the fees disagree with that analysis, especially in light ofthe university's claims of financial distress. Although most parties involved agree that some solutions must be generated to ÜB's current budget crisis, many are undecided about the new fees. Opposition to the fees has ranged from uneasiness to .outrage. Reservations have been expressed by university officials about the appropriateness of the increased costs. William Miller, Chairperson of the Faculty Senate, voiced concern about the health services fee, stating that the university has a primary "responsibility to those who live on campus" to make health facilities accessible. Ray Orrange, Director of Campus Parking and Transportation, has recognized the difficulties posed in implementing a payment system on the Bluebird shuttles when faced with areluctant student body. Dean of Students Dennis Black believes that protests can be a useful means to drive home to the administration the point that "much was done over the summer without input from the masses and only with input from the leadership." Student input was requested on the issue of fees over the course of last year as a result of a SUNY Trustee's mandate requiring a consultation process regarding the fees, which must demonstrate "substantial student support." The consultation process consisted ofa telephone poll of 1000 students, (85% were in favor ofthe fees), a vote by the v ndergraduate SA Assembly in favor of the (continued on page\ 0 A.D.A. To Improve Access for Individuals With Disabilities by Maria Schmit Managing Editor On July 26, the Americans With Disabilities Act (ADA), which passed both Houses of Congress with large support, was signed into law by the President. This tremendous piece of legislation, referredtoas the "Civil Rights Act forthe Disabled," will extend civil rights protection to approximately 43 million Americans with disabilities. The new law requires places of public accomodations, such as buses, stores, hotels, restraunts, musuems, and movie theatersto become accessible to individuals with disabilities within one and a half to two and a half years. All newly constructed accomodations, must be built with such provisions, and all new buses purchased must likewise be accessible. The law prohibits employers and bussinesses that hire over fifteen employees from discriminating against "otherwise qualified individual(s)." Employers are required to make "reasonable accomodations to physical or mental impairments of the employee or applicant." There is an exception for businesses that would suffer "undue hardships" by providing such modifica- tions. Small businesses, those employing less then fifteen employees, are not required by law to make such accomodations, even if the cost would not be excessive and the individual was "otherwise qualified" for the job. Some small to mid sized businesses argue that they will be forced to hire people who cannot do the job. First of all, employees have to be "otherwise qualified" for the job. There are many individuals with disabilities whoare more then qualified for job.s, but cannot obtain employment because because a building does not have an elevator, or a ramp, or an accessible toilet. Another unwarranted complaint is that this act is an unreasonable infringement upon their business and will cost somuch that they will be driven out of business. This simply is not the case. As stated, thelaw provides an exception forany business that would sufferan "undue hardship." It is precisely because of employers attitudes in specific, and society's attitudes in general, thatthe ADA is needed. The law will protect individuals from being systematically and consistently denied employment and stereotyped as incapable. For many disabled Americans, their biggest handicap is dealing with the unhadicapped individual in society that provides little leeway for those who do not move about or communicate in the same way. The Americans With Disabilities Act will have an incredible impact on individuals with physical and mental impairments. It will also affect others in a positive way. Many disabled individuals are isolated and secluded from the workplace and from socializing with with others because of accessibility to workplaces or places of public 1accomodation. As disabled Americans are given the opportunity to integrate, many prejudices and inaccuate stereotypeswill be dispelled; and society will have reap the benefits and contributions of a whole new segment, who has never before been encouraged to share theirtalents. The ADA will help break the history of discriminationagainst disabled individuals. Like the large scale addition of blacks and women into the workforce, the entry of disabledindividuals will help us work toward full use our human resources.. The ADA is needed for individuals without disabilities as much as it is needed by those with disabilities. HIGHLIGHTS The Law School Song pg. 4 Special SBA Pullout pg.s Moot Court Schedule pg.lo Entertainment Law Profiles - pg. 11 �«B *S^mw By Considering all the financial decisions you'll make this semester, we made choosing a bank an easy one. being a student a lot easier. W savings account. Plus you can deposit or transfer money as many times as you want with no extra charge. Next, your" Norstar24" card gives you access to over 28,000 ATM's nationwide. 2<P b Including ATM's on and near campus. Lastly, you'll be eligible for a Norstar Student VISA* Which offers you a competitive rate. And with your Budget Checking Account, the e ' ' oan °Pt ons available MnDCTA Q o ai!h? K, N. A. BAN AMemberofFieetiNorstarFmanciaiGoup "Subject to approval. Will require parental co-signer Equal Opportunity Lender. MemberFDIC �Discrimination Persists Despite Faculty Resolution Despite the law school faculty's 1988 decision not to allow discriminatory recruiters to use the Career Development Office's (CDO) facilities, many such recruiters will be interviewing at the law school this semester, according to Audrey Koscielniak, the director ofCDO. "All five branches of the military are by Nathaniel Charny tentatively scheduled to recruit and interview through the CDO during the month of October," explained Koscielniak. All five branches, the Army, Navy, Coast Guard, Air Force and Marine Corps have explicit policies that forbid the hiring of people over the age of 35, differently-abled people and gays and lesbians. Currently, many law schools prohibit recruitment by the military because of their discriminatory practices. Included are Harvard Law School, the University of Michigan, New York University and Northwestern. Many undergraduate schools have similar policies that include prohibiting ROTC for its similar policy. These schools include American University, Boston College, Columbia University, and Syracuse University. The military's policy that forbids the employment ofcertain people makes no sense," explains Mark Schlecter, a member ofthe University's Anti-Discrimination Coalition. "It is impossible to rationalize a policy that says that someone who is in a wheelchair, or someone who is thirty-six years old, or someone who is gay or lesbian cannot be a competent attorney forthe military." The law school faculty has already made strong efforts to prohibit recruitment by discriminatory recruiters. On September 16, 1988, the Law School faculty voted to amend the Law School's Non-Discrimination Policy to include protection forgays and lesbians, as well as to enforce the entire non-discrimination policy for all recruiters who wish to use the CDO. As a result, the military, as well as all recruiters who explicitly discriminate, were immediately barred from using CDO facilities until they changed their discriminatory practices. 'The law school faculty's action in 1988 was perfectly consistent with the laws of New York State," explains Gretchen Stork, a member of the AntiDiscrimination Coalition. 'The governor had issued Executive Order No. 28, which prohibited any state agency, such as U.B.Law School, from discriminating on the basis of sexual orientation in the provision of any services, for example Career Development services. In addition, the SUNY Board of Trustees has endorsed Resolution 83-216, which reaffirms SUNY's non-discrimination policy, protecting all SUNY students from discrimination based on age, physical ability and sexual orientation." "None-the-less," according to Schlecter, "President Sample overrode the law school faculty and rescinded the entire Law School policy forthefirst time since its existence (fourteen years) and announced that he alone will make the decision on any Non-Discrimination policy forthe entire University." President Sample waited three months, and afterfinals announced that he will allow discriminatory recruiters to use the University's facilities. Dean Filvaroff has informed The Opinion that "no changes in the University policy are presently contemplated." The Anti-Discrimination issue came toa head in April of 1989 when seventy- five U.B. students demonstrated when the FBI attempted to recruit at the law school. Citing the FBl's policy of discrimination against gays and lesbians, as wellasa Federal District Court ruling that the FBI discriminates against Hispanics, the students blocked the doors and kept the FBI from recruiting. One year later, the FBI returned to U.B. Law School, greeted by over two hundred law students protesting their use of CDO facilities and University monies to facilitate their discriminatory recruitment, according to Stork. The support for the law school's position is incredibly strong," states Stork. "When the law school took the step to protect its students from discrimination, the university and City of Buffalo community wholly endorsed the Faculty's position. The Student Bar Association passed unanimously a resolution supporting the policy, as did the Undergraduate StudentAssociaton, the University Faculty Senate Executive Committee, the Graduate Student Association, and the Buffalo Common Council." "It is impossible to rationalize a policy that says the someone who is in a wheelchair, or somone who is 36 years old, or someone who is gay or lesbian cannot be a competent attorney for the military" -Mark Schlecter "has supported the law school's policy." In October of 1989, the Pentagon Research Center released a draft report concluding that the American military should consider ending its discriminatory practices because there was no evidence that homosexuals were any greater security risk than heterosexuals and no more likely to be blackmailed. The report likened opening up the military for gays and lesbians with the integration of the military for blacks, forty years ago. In September of 1989 the Faculty Senate released a report that condemned President Sample for his steps torescind thelaw school's non-discrimination policy. The "Report of Faculty Senate Special Committee on SUNY Law School Employer Recruitment Policy" stated that The President's actions, we believe, have largely ignored the legal/moral reasoning ofour law school's position on discriminatory practices by third-person recruiters. This sends a message to students and faculty alike that the arguments presented by our law school are not to be taken seriously a serious blow to the reputation of one of thebetter law schools in this country." In addition, this report stated that "recruitment and hiring is not a 'single-party' activity, in which the university behaves passively, eg., allowing third-parties to consult books in a library. On the contrary, it actively involves UB students in its procedures, and in this instance, - deliberately excludes homosexual stu- In addition, theAmerican Association of Law Schools (AALS) voted to amend its bylaws torequire member law schools to endrecruitment discrimination against gays and lesbians, and based on age and handicap or disability. Although there was discussion about exceptions to this policy, ie., church affiliated law schools limiting enrollment based on religion, AALS denied any exception for the military. The Pentagon itself, explains Stork, Moot Court Competition Begins by Kathleen M.Reilly The Moot Court Board held an informational meeting on September sth regarding the Fourth Annual Charles S. Desmond Moot Court Competition to be held October 23-Odober28. Any second or third year student who is eligible to compete, but was unable to attendthe meeting should contact Kathleen Reilly, Moot Court Board Director, as soon as possible. She can be reached in the Moot court office, by phone (636-2037) or through 80x#789 Those who plan on participating in this fall's Desmond should be in the process of selecting a partner for the competition. (Remember.....You'll be spending a lot of time with this person so compatibility is essential.) dents from this process." The current C.D.O. Policy requires that employers who do have a policy of discrimination must fully disclose such a policy or be denied access to C.D.O. facilities. "So far only the Navy has completed a disclosure form. The branches of the military have been informed that they are only tentatively scheduled until such a form is completed." The disclosure statements will be put out withany such recruiters literature, explains Koscielniak. GROUP LEGAL SERVICES The following is the competition schedule: SCHEDULE OF EVENTS SEPTEMBER Thursday 13: Monday 24:. PROBLEM DISTRIBUTION 9a.m.-5 p.m. (Room 11) THURSDAY2S: PRELIM. ROUND #3 6:30 p.m.-8:30 p.m. (O'Brian and Baldy Halls) OUTLINE ON ARGUMENT HAPPY HOUR AND ANNOUNCEMENT OF QUARTER FINALISTS DUE 9 a.m -5 p.m. (Rooml 1) FRIDAY 26: OCTOBER Monday 1: Outlines returned to mailboxes Monday 8: LETTERS OF INTENTDUE 9a.m.-sp.m. (Room 11) Saturday27: Briefs Due 9 a,m.-5 p.m.* (Room 11) *No briefs will be accepted after 10 p.m. Sunday 28: Monday 15: HAPPY HOUR 5p.m.-? Tuesday 16: Practice rounds begin Sunday 21: Practice rounds end Tuesday 23: PRELIM. ROUND#I 6:30p.m.-8:30p.m. (O'Brian and Baldy Halls) Wednesday 24: PRELIM.ROUND#2 6:30p.m.-8:30p.m. (O Brian and Baldy Halls) Positions Available: QUARTER-FINALS 6:30 p.m. -8:30 p.m. (O'Brian Hall) , SEMIFINALS (O'Brian Ha Ip.m. FINALS Ip.m. (Moot Court Auditorium) BANQUET (Salvatore's) NOVEMBER Friday2: NOTICES TO COMPETITORS (Mailboxes) The 1990-91 Moot court Board is looking forward to thisyear'sDesmondandwewishallcompetitorsthe best of luck. Applications are available in GLS office 214 Talbert Hall. 636-3056 POSITIONS ARE AVAILABLETOALL STUDENTS Funded by Student Mandatory Fees. /jS HOARD 713 ONt INC Tuesday, September 11,1990 • The Opinion 3 �Wm September 11,1990 Volume 31, No. 3 EDITORIAL BOARD Editor-in-Chief: Maria L. Germani Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe EDITORIAL Unfortunately, the insidiousness of prejudice is a fact of life. Almost daily, news r sports are filled with overtacts of violence with the inconspicuous presence of prejudice Ed their root. Many times, the prejudice is as clear as blackand white. Howard Beach, Eleanor Bumpers, Michael Stewart, and the Central Park joggertrial immediately come to mind. Eight months ago, the black-led boycott of a Korean-American grocery store in Flatbush, a predominantly black Brooklyn neighborhood, made national headlines as the latest display of a racially divided New York City. Today, the boycott continues to cripple the Fami iy Red Apple grocery store as the same owners cling to their businessdepending on the funds supplied by a Korean-American merchants association to pay for monthly expenses. This weekend, New York City's Mayor David N. Dinkins claimed victory over the resolution of a three-week-old black-led boycott of another Korean-American grocery store in theBrownsville section of Brooklyn. The onlyreason why the boycott ended was because of a change in ownership of the store. The Mayor even paid a celebratory visit to the store, purchasing some fresh produce fromthe new proprietors. Isn'tthat special? Who are the winners in a story where hard-working people are forced to flee the neighborhood and abandon their livelihood? Whata success story this could have been if the same residents recaptured their neighborhoods by evicting the real evils that inhabit it. There is some solace in learning thatthe boycott was not ethnically motivated; the new proprietors are also Korean-Americans. We do not need to look as far as New York city for different forms of prejudice. In our own law school, prejudice comes in the form of hiring practices of certain recruiters. Some recruiters are discreet about their prejudices. Others are sanctioned by Congrtc-. None is justified. As law students, we should not be apathetic about this overt form of prejudice. As concerned citizens, ourdiscontent must be voiced. This week National Public Radio is airing a special series, "Class of 2000: The Prejudice Puzzle". A report on youth and prejudice, the series concludes with a two-hour national call-in show broadcast livefrom Washington, D.C. on Saturday September 15from 3:00-5:00 p.m. WBFO (88.7 FM), Buffalo's NPR member station, will host its own live open forum on Friday, September 14th from 3:30-5:00. A panel of experts from UB and the community will address audience questions about differentforms of prejudice in ourlocal community. The livebroadcast is'an excellent forumfor discussing theprejudice known and tolerated by the law school administration. Come speak your mind on Friday at the live open forum. Maybe our demand for access to our Career Development Office by only truly equal employment opportunity recruiters will cease falling on deaf ears if we are loud enough. Staff: Bruce Brown, Lenny Cooper, Gary Ketcham, Daryl MacPherson Contributors: Nathaniel Charny, Moses Howden, Srikant Ramaswami, Kathleen Reilly ©Copyright 1990. The Opinion. SBA. Any reproduction of materials herein is strictlyprohbited without theexpress consent of the Editors. TheOpinbn is published every two weeks during theacademic yuear. H is the student newspaper of theState University of New York at Buffalo School ofLaw. SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in this paperare not necessarily those of the EdKonal Board or Staff of The Opinion. The Opinion is a non-profit organization, third-class postage fundedby entered at Buffalo. NY. Editorial policy of The Opinion is determinedcollectively by the Editorial Board. The Opinion is the SBA from StudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves the right to edit for length and libelous content. Letters longerthan threetyped double spaoed pageswill not be accepted. Please do not putanything youwish printed underour officedoor. All submissions should be placed in law schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesforthe semesteraro posted in the mailroomand outside 77i« Opinion office. 724 O'Brian. The Law School Song THE OPINION MAILBOX Student attacks oversimplification of ideological stereotypes To the Editor: While I wholeheartedly support Messrs. Maisano, Hirchfield, and Winward's premise (in the Orientation issnfiof The Opinion ) that it isimportant for first year students to remain openminded and politically active while enjoying law school, I take exception with their over-simplified approach to real issues. Further, their characterization of my article in the Dissent shows either an appaling lack concern forthe truth or a reading comprehension level far below the average law student. The oversimplification begins with the premise that this law school is "poisoned" by the perceived left wing bias of thefaculty and students at thislaw school which the authors insist results in intolerance reminiscent of the Nazis. Ironically, a second premise of the article is that labels are to be avoided and to makethat point the authors must rely on labels "left-wing students" and "rightwing. - The problem with the article is that it attempts to chastise those "radical fringes" that seek to "dominate and polarize political debate at this law school" without ever giving a clue as to what issues, people, or perspectives are to be considered radical orpolarizing. From the article one gets the impression that Messrs. Maisano, Hirschfield, and Winward are ideologically centrist people with the correct perspective and that someone or something is suppresing free speech and being intolerant of alternative views. I find this amazing for two reasons. One, I know Marc, Tom, and Jim and theirperspectives on many issues would be considered radical by many people. Two, I know for a certainty that if any of - (To be sung to the tune of "We didn't start the fire" Billy Joel) Civ Pro, Contracts Legal briefs.State the Facts Reading, Writing Things are getting rough Souter, Learned Hand Disputes over land Remedies, Reasons Isn't this enough? Mathews, Blridge Trouble over Luten Bridge Marbury, Madison Cases getting tough Breaching, Standing Rules keep ringing Justice, Fairness Judges got'em wrong Contract price Market price Crenshaw gives it extra spice Michael Moore, Karl Marx Give the law an extra spark Two weeks Dead Beat Tired Need sleep Grumpy Testy Will this be so hard? Chorus: Casebooks, Crim Law Lawyers and their flaws Good faith, Bad faith • Punishment and Handcuffs Circuit Court We didn't start the rumor If you wanna make it have a sense of humor We didn't start the rumor If you get too lazy It may drive you crazy. Federal Court 4 Rape laws Process Clause Fighting out a worthy cause Jefferson, Lincoln Aren't we having lots of fun? District Court Moot Court Supreme Court Trial Court Stay strong Won't be long Have to say it in a song Three years, go fast Even if you finish last Chorus. I feel kinda strange Tuesday September 11,1990 • The Opinion -Srikant Ramaswami them were to attempt to publish their views in either The Federalist Papers or The Dissent they would find a forum. Further, it is ludicrous to attempt to conjure up any situation in this school in which at least Mr. Maisano's voice would not be heard. Finally, their article shows a disregard for the truth in characterizing my article in last year's Dissent as "condemning people who are unwilling to take political positions", implying that I did not know the difference between apathetic students and moderate students, and insinuating that my article said all activist were either left or right wing. As the authors well know from subsequent conversations the title, "Why I Hate Moderates", was not mine. In the article I said that I was becoming jaded towards students who used the term moderate as a coverto avoidactivism or even nominal commitment. There is hopefully a wide gap between the annoyance of being jaded and the finality of condemnation. It seems sad to me that it takes the efforts of three hard working law students to write introduction to law school that gives a false impression of the academic climate and at the same time obscures important issues in the misleading pursuit of cheerleading for active debate and open discussion. I'm sure we all agree that these are indispensable to our way of life and that we would follow Patrick Henry to his grave keeping them alive, but I find it disingenousfort hese authors to imply that as I exercise my freedom I am limiting theirs. Jim Monroe WRITERS NEEDED Write for The Opinion Submit articles to mailbox 667 or 808 �SPECIAL PSBAUL OUT 1990-91 ELECTIONS STUDENT BAR ASSOCIATION STUDENTS ENCOURAGED TO INTERVIEW FOR COMMITTEES Anyone interested in applying for one of the SBA committees must sign up during the week of September 10th on the SBA office door (Room 101). Interviews will conducted the week of September 24th on 2 week nights. TheSBA will announce on September 24th those who have been granted interviews for the committees. Times will be posted outside the SBA office. Because of the highly competitive nature of the Admissions, Special Program, Special Needs and Anti-Discrimination Policy Committees, a one-page, single-spaced TYPED letter of intent will be required. The letter should not be a resume, but rather a statement of why you are interested in the committee. Candidates are encouraged to discuss their reasons for choosing the committee, and may also include their qualifica- tions. However, it should be stressed that you need not have prior experience. These committees are designed to give persons an opportunity to provide feedback about the group's policies. The deadlineforthe letters of intentwill be on Wednesday, September 19at 5:00 p.m. in the SBA office. There will be absolutely no late submissions. learning needs are particularly encouraged to apply for this committee, as well as others. All interestedcandidates must submit a letter of intent. This Committee meets frequently in the fall and in the early part of the spring semester. At present, weare only seeking one alternate position. Budget and Program Review Com- Academic Policy and Program Committee (APPC) This Committee considers proposals for changes in the academic program and graduation requirements. Proposals come from faculty members, deans and students. After the Committee reviews a proposal, it makes a recommendation to the full faculty. The Committee is composed of the Dean as Chair, three faculty members, three students and a Law Library Faculty member. Meetings are held when the Committee posalsto view; This Committee reviews the non-personnel part of the Law School budget and makes recommendations to the Dean on his expenditure plans, particularly those with respect to student organizations and programs. It meets infrequently, normally only whenthe VicePresident allocates the funds for the Law School budget for the next fiscal The Committee is composed of the Dean as Chair, three faculty members, three students and aLaw Library :ac v 11 y member. Three faculty mem- Admissions Committee This Committee sets general standards for admission and reviews files of candidates for discretionary admission. Composed ofsix faculty members, one of whom serves as Chair, four students, a Law Library Faculty member, and Deans Carrel and Newell, it generally operatesthrough sub-committees which make recommendations to the Chair. Its work is particularly heavy in the period from January to May when files must be read expeditiously. All of the work of the Committee is held in strict confidence. All candidates interested in this committee must submit a letter of intent. Anti-Discrimination Policy Commit- tee This Committee, in conjunction with the faculty, will help facilitate decisions concerning the anti-discrimination policies of the school. In the past, this Committee has focused primarily on the on-campusrecruiting policies ofthe JAGCorps (legal branch of the armed services), but it is the hope of the SBA that this Committee will continue to evaluate all administrative policies whichdiscriminate against any and all persons. Three students and one alternate will be appointed for the annual term. All interested candidates must submit a letter of intent. Committee on Special Needs This committee will examine the learning and access needs of students who are prevented from fully participating in their legal education because of unique learning and physical disabilities. This Committee will be focusing on issues facing students such as the inability to access library facilities, classroom, and other areas of the law school. Additionally, this committee will evaluate what can be done to improve the resources available to students with unique learning needs, e.g. dyslexia and other visual impairments. Three students and one alternate will be assigned to this committee. All students with unique 9JTB what irulty at large. Academic Standards and Standard Committee This Committee acts on petitions from students for readmission or waiver of Law School academic rules. It also makes recommendations to the full faculty with respect to changes in such rules. By the nature of its work, the Committee requires observance of strict confidentiality. Its meetings are closed to nonmembers. It is composed of the Dean as Chair, three faculty members, three students and a Law Library Fac- ulty member. It meets when it has sufficient matters or when action with respect to leview tudent petition is particularly urgent. pointments Committee This Committee screens candidates for faculty positions, arranges visitsand interviews, and makes recommendations on appointments to thefull faculty. Only positive recommendations of the Committee are reported publicly. The Committee is composed of four faculty members (elected for two-year terms), two students, the Dean and one Law Library Faculty member. The Chair is elected by the faculty members. The two student members are expected to contribute to the process of screening resumes, to organize meetings at which candidates can visit witha diverse groupof students, and to report to the Committee student reactions to Faculty Student Relations Board (FSRB) This Committee acts on student disciplinary matters, student grievances against faculty members or other stu- dents, and faculty grievances against students. It is also charged with establishing the method ofstudent evaluation of teaching. The Committee is composed of three faculty members and three students. The Committee elects its own Chair. Dean Newell serves as ex officio advisor to the Committee. The workload depends onthe number of cases filed, with respect to which the Committee conducts hearings and/or engages in otherforms of investigation. Its proceedings respect the confidentiality of the parties. Library Committee This Committee advises the Director of the Law Library on library matters of importance to students and faculty. It meets infrequently and serves mainly as a channel ofcommunication between the users of the Library and the Library staff. It is composed of four faculty members, oneof whom servesas Chair, and four students. Mitchell Lecture Committee This Committee arranges the annual Mitchell Lecture and also dispenses funds for Mitchell Fellows; that is, distinguished visitors who lecture and meet informally with faculty and students. The Committee is composed of three faculty members (one of whom serves as Chair), one Law Library Faculty member and one student. It meets when it has proposals to consider or Mitchell Lecture plans to arrange. Special Program Committee This Committee oversees the Special Program including advising the Admissions Committee on individual credentials for admission, arranging the structure of the first year Legal Methods Program, and providing counsel and wisdom to the ASSC on students from the Special Program who may be in academic difficulty. In general, the Committee has a charter to improve the quality of the Law School's affirmative efforts and to expand the number of minority and disadvantaged law graduates. The Committee has fourfaculty members, one ofwhom servesas Chair, and three students. Dean Newell serves as ex officio. It meets as problems or issues arise and works intensely in the spring on admissions. All interested candidates must submit a letter of intent. Student Representative to Faculty Meetings This Committee attends faculty meetings andrepresents student views to the faculty. Thefaculty meetings arechaired by the Dean and are attended by all of the faculty and administration. The studentrepresentatives are invitees and hence do not have a vote on the issues. The function of the student representatives is essentially to act as liaisons, who in turn report to the SBA. Formal announcements may be requested of committee members at the faculty meetings. Aside from the two representatives appointed by the SBA, the Committee will consist of the SBA President and Vice-President. Committee on Resolutions This Committee's sole purpose will be to function as a foru m for any resolutions coming within the scope of By-Law 14 (Special Resolutions). Responsibilities of members will include formal presention of resolutions before the Board at regular meetings and will meet where necessary. It will be comprised of four SBA Chairpersons, three SBA Directors, and three student members at large. Finance Committee Chaired by the SBA Treasurer, this Committee prepares the fiscal year SBA budget and recommends funding for groups that need support during the academic year. The students selected to this committee will also assist the Treasurer in overseeing the day-to-day administration of the student groups' budgets. Buildings and Computers This Committee will evaluate short and long-term proposals forphysical improvements around the Law School. It includes faculty and student members who will decide the priorities for construction projects, allocation of space, and plans forthe student lounge. Three students and one alternate will be chosen bythe SBA to represent the student body. Tuesday, September 11,1990 • The Opinion 5 �ALEXANDRA ATRUBIN 1/st Year Students Hello fellow first-years. My name is Alexandra Atrubin. You can call me Alex. I am running for Student Bar Association Director because I want to help make every students' experience at UB Law School more stimulating and complete thanthree years of just going to class. I will work hard at getting all student groups represented. There are lots of people running through the halls of O'Brian every day. It can be quite overwhelming. I see how easy it could be for people to get lost in the shuffle. Often the only people who get represented are those with the loudest voices. I believe that it is possible forthe time here at UB not to be spent justbeing lost in a group. The Student Bar Association plans speakers and activities, allocates resources to different student groups and addresses students' concerns. I want to help everyone have a say in what happens. I am easy to talk to and eager for each and everyone of us to have an experience that excites and interests us personally. I am committed to making this happen. My personal interests, as you might have noticed, include equal representation ofall the people. I believe that what makes a society a truly interesting and stimulating environment is diversity. I will work as S.B.A. director to make sure that every student gets treatedfairly and gets the opportunity to experience law school without being discriminated against, and without getting lost in the shuffle. Thanks! P.S. Don't study all the time. Do something nice for yourself each day. ELIZABETH S. KENT Of the many issues available to eachof thecandidates forcomment and proposed action, only two orthree seem especially viable to me foreffecting immediate changes in perception and rapid changes in course of action. The issues of adequate child care for married and unmarried students, a ban of employers who utilize discriminatory hiring practices,and viable alternatives to styrofoam and wasteful packaging on the part of the university and the food service all present potential for immediate action and potential remedies. A ban on styrofoam could be immediately successful if the student body would join together in making that demand ofthe Food Service. A minimum action of protesting the same price for coffee whether or not the styrofoam cup is utilized through "No Coffee" Days would be significant as well. The Food Service should also be involved in the decision making process in preparation for mandatory recycling in 1992. Remember, a healthy environment is possible only through the actions of concerned individuals who act in concert. The continued practice of allowing discriminatory employers to interview on campus should be protested both at the law school and at the undergraduate school. As students at UB Law, we have an obligation to the entireschool to demandhumane hiring practices of ALL interviewing employers. The practice of being concerned only when you are thevictim of discrimination will not bring about the termination of all discriminatory activities. Even increased sensitivity to studentswho are also parents is necessary here at ÜB, once again forthe Law School and other schools as well. The collection of names of child carefacilities and the encouragement of child care providers to solicit businessfrom UB students would be advantageous to the school and students alike. A referral service would be a cost effective use of a small amount of student fees, helpful to students, faculty and staff alike. The single child care facility at the Main Street Campus is simply not large enough to service a large part ofthe child care need which is present at the Amherst Campus. There are several otherissues which could be addressed, however, thetime constraints and pressures oflaw school studies willnot permit all problems to be immediately addressed. Let's get a good start on these now. Who knows what next year will bring! Good luck to all the candidates. ERIK MARKS I would like to tell you some of my views and personal issues, but I won't, for this is not the purpose ofthe SBA. In it's primaryfunction of allocating funds, decisionsshould be made not on personal preferences but rather the merits of the groups requesting funding. For this I will look at quantity in terms of student interestand participation, and at quality in terms of how the group benefits its members, the student body, the university and the community as a whole. These criteria are tenuous at best and I expect will lead to some healthy debate. The onlything that I can promise is that I will judge groups ontheir merits and not their views. Although I believe that thefunding process should be dispassionate, I also feel thatthe SBA should encourage activism. For my own agenda, I am participating in the appropriate interest groups. The other major purpose of the SBA is representing the student body to the administrations. Many issues over the next three (orfour) years will effect the quality of our experience at ÜB. Of course we must.make ourselves heard, but first we must have something to say. As law students, we are being trained to view all sides of any issue and to seek equitable solutions. I would like to see us use these skills to address the issues and propose answers, rather than just be acquiescent orconfrontational. If you got this far, thanks for reading. I know that there is not much to go on in basing these decisions, but I would like you to vote for me. Like all of you, I want to have a good experience here at ÜB, and I will work hard to make it so for all of us. HANK NOWAK Like all other first year students, I have recently been inundatedwith homework and information fromvarious clubs and societies. It has been difficultto keep everything straight. Therefore, cannot I honestly tell you all of my goals and aspirations as an S.B.A. director, or even what my duties would entail. Nonetheless, I seek this position to get involved in the lawschool outside of class and to voice some of the feelings and concerns of thestudents in the first year. All I can truly offer is my openness to all ideas and the willingness to be active and communicative. As a U.B. undergrad and a Buffalo native, I have the advantage of feeling a bit more comfortable hero than cnmn ni mv r>ia««maioe i ha«o hoon InuntueH in ctnHont rmuommont at oworu level since grammar school, so I am used to the responsibilities of representing a large group of people. The S.B.A. may seem foreign to all ofthe first year students now, but I hope to serve as a positive link as a director this year. Thank you. AIDA REYES Have an idea? Want a change? GET INVOLVED! My name is Aida Reyes and lam a Ist year law student at UB Law School. I believe that if you care about something enough, then you will get involved. lam running for Class Directorbecause even in the short time I have been at ÜB, I see things that can be changed for the better. I've listened to dozens of students who have great ideas and valid complaints. These ideas should be heard and I hope to be a voice foi these people. My involvement as a student representative at Georgetown University has been wide and fruitful. Through my position I was able to develop skills that make me a qualified candidate for SBA. Communication skills are essential for this position and any other in student government. When I was appointed to the Senior Class Committee (a group that planned and implemented all the plans for every Senior event in that year) I was faced with having to help communicate to more than 1,200 students! This tooka lot of organization, publicity, mailings and sometimes even phone calling. We did not leave a single Senior out! If the committeewanted to sponsor an event, but needed more funds, then fundraising became a valuable skill. Because I had to keep myself to a certain budget I'd have to negotiate, (with bands, administration, businesses) be creative and above all be flexible! As a class directorI will be especially communicative with fellow students. I willalso try to fostera sense of unity and involvement. So, finally I urge everyone to get involved, even if itmeans talking to me so I can do it for you. VITO A. ROMAN My name is Vito Roman and I am running for one of the six Class Director positions on the Student Bar Association for the Law School Class of 1993. While I may enjoy studying in the library as much as the next first year law student, I hope not to have thatas my only memorable first year law school experience. Instead I would prefer to remember how as a Class Director I was immediately thrust into the workings ofthe lawschool student government-helping myfellow classmates on the SBA carry out the work students feel is vital for maintaining a healthy academic environment. This is a challenge that I would like to take on and one for which I feel qualified. Managing the affairs of student government takes work and, above all, people willing to do that work. I am willing. As an undergraduate, I was heavily involved in my college's Academic Senate, serving as chairperson of onecommittee, and as an active member on severalothers. I also helped organize two student-run charity dinners to raise gift money for FosterCare agencies in the Bronx. Student government and community activities provided an outlet for my learning and abilities and also helped honeand develop many ofthe skills which I felt a legal career would call for. When I returned to college four years ago intent on eventually becoming a lawyer, I knew, like many of my classmates, that I was going to be giving up a substantial investment of time in one career field to move into the legal profession. I do not plan to take my educational experience lightly. In fact, I would like to have an active hand in shaping that experience as a Class Director on the SBA. All I can ask of you, my fellow clasmates, is for your support. SLOANE M. SMITH Well, life can't always be pure and sweet. left San Francisco, the land of milk and honey, to come to Buffalo: 10 months of winterand 2 months ofbad sledding. Justa little joke my friends said. Leaving Frisco wasn't so bad, all those earthquakes and veggie burritos can really wear on a person. Now, I'm here at school, trying for a position as class director. I'm running because I'd like to be involved in the law school's decision making process, especially when it comes to recommending a course of action on employee recruitment and free speech policies. I've onlybeen here two weeks and am open to new arguments, but right now I thinkthat employers who discriminate on age, race, sex or sexual preference shouldbe tolerated on the UB campus, but denied access to O'jr Career Development Office. As to the other looming campus issue, the proposed revision of the faculty statement, I think that all speech, no matter how unpopular, is protected speech. Apart from these larger questions, I see the SBA as a vehicle to meeting students' needs. I'd push for computer access and laser printers on thefifth floor, and I'd move the aluminum can recycling project into gear. I wouldalso push the Administration toward partial funding for the In the Public Interest and proposed Black Law Student journals. I Tuesday September 1.1,1990 •The Opinion 6 �MARC HIRSCHFIELD I am Marc Hirschfield and I am running for re-election forthe position of Class Director of the Student Bar Association. There are a number of issues which I believe must be addressed this year by the SBA. First and foremost, the SBA must continue to work forthe timely submission of gradesby faculty. Last year, I spearheaded thedrive to get faculty to abide by the deadlines which they instituted. I attended a faculty meeting at which the issue was discussed. A resolution was overwhelmingly passed which called upon professors to honorthe February and June 15deadlinesforthe submission of grades. When it came time for professors to actually turn in their grades last June, only a handful actually complied. Students have a right to receive theirgrades in a timely manner and I will continue to press the law school administration and the faculty on this issue. Registration was pathetic last spring! Students should not have to line up at 6 AM to get theirclasses. The SBA must work with theRegistrarto changethe system. I pledge to maketheregistration process fairand simple. Last year the SBA spent much ofitstime on deciding how to allocate money to student groups who came before uswith plansforactivities. While budgeting is an important task, and one which must be equitable, the SBA ought to take a broader view ofits role. We must fight for students'rights and against the unfair fees placed upon us by the University. As your Class Director last year I attended 100% ofthe SBA meetings. If you want a Class Director who will lead the fight for students' rights, then please consider voting for Marc Hirschfield. 2nd Year Students BRIAN MADRAZO My name is Brian Madrazo and I am running for class directorfor the class of 1992. This statement is toacquaint the members of the class of '92 with who I am and why I wish to be a class director. First off a little background. I graduated from LeMoyne College of Syracuse, N.Y. in 1988 in Industrial Labor Relations. While there I directed and produced a youth theaterforthree years and was a resident advisorfortwo years. Following school I worked in the N.Y. State Assembly in the decidedly non-glamorous world of benefits and personnel. I then took a position with Pepsi-Cola Bottling of Albany working on the production line where I became a union member. Whileat UB I have worked most closely with the Buffalo Public Interest Program. Many of you will remember me as one of the many people who asked you to 'Work a day in the public interest"last spring and as the person who kept track of the first years competition via a herd of racing buffalos. Reading the above one no doubt notices that among my many experiences is a significant lack of ele;ted office experience. That is easy to explain, simply put have never thrown my hat into the ring. Why now and why here you may ask. Itis certainly not forthe "resume thing" because most employers could care less that you are a class director. Basically the reason is very simple. I want to be actively involved in addressing the concerns of the law school and I feel that as aslass director I will be an involved member of SBA and can make a difference. I have no specific agenda to follow, no "new era" orradical change to impliment other thanto represent to theoest of my ability the views of the class as well as my own and will work hard to protect what we have and to work on getting, for example, timely grade reports. I would like your support inthe upcoming election and I thank you for your time and consideration. I I JIM MAISANO lam running for SBA Director again this year, so that I can continue my role as an aggressive advocate for the rights of ajj students at UB Law. Last year, I was one ofthe most outspoken members of the SBA and, if I am elected, I will again provide a loud, powerful voice on all of the issues facing the SBA. I was troubled last year by certain dogmatic students at this law school, who were unwililng to listen to any opinion otherthan their own. This is exactly what we should 021 be doing at law school. Thefirst thing I learned as a first year student is that very little in the law (like life) is black and white, it is mostly gray. Eyejy. student has something to provide to the political debate at UB Law, all opinions are valuable. The only way this institution, as well as the nation, can solve problems is for leaders to listen to all arguments presented (liberal, moderate, conservative, etc.)and find solutions through compromise and consensus. Last year, I felt the SBA did work hard to achieve this type of fairness and lam running this year to make sure thatthe SBA remains pluralistic and open to all ideas. One of my significant achievements on the SBA last year was sponsoring a resolution requesting that the faculty start getting our grades posted by the deadlines. I was angered by the factthat certain faculty members took six months or more topost grades, which is especially unfairto first year students who need immediate feedback and other students applying for summer employment: Afterworking hard all semester, students have aright to theirgrades and thefaculty has a responsibility to postthem by the deadline. After meeting with thefaculty, theypassed a resolution stating thatthe deadlines will be met in thefuture and the resolution will be enforced by the Dean. This year, I will watchthis process closely and challenge thefaculty if they start missing the deadlines again. I also sponsored a resolution asking theDean to name a person ofcolor as the graduation speaker, which had never happened in the history of this law school. This resolution helped bring Haywood Burns, the noted civil rights activist, to speak at graduation. Last year, I worked hard to make surethat the funds controlled by the SBA were distributed fairly to all groups as a member of the Budget Committee. This year, I will again fight to make sure that no group is denied money because oftheirpolitical positions. I will strongly oppose racism, sexism orhomophobia at this lawschool, but I will also protect all student's First Amendment right to freedom of expression. I also do not think any organization should be allowed to recruit at this law school who discriminates against any student. DAM RYL CPHERSON The figure dressed in black walked calmly down the stairs. To his surprise, an awaiting throng of reporters swarmed around him when he entered the hall. "Mr. McPherson, why are you running for Second YearClass Director?" Darryl smiled devilishly. "There were a number of factors that lead to my decision. Basically, I was pushed into running. Last year, I was campaign manager for some of the candidates. In the course of the campaign, I was repeatedly asked why I wasnt running. Though I had some lame excuse, I really didnt have a goodreason. "As the school year progressed, I wrote forThe Opinion, and through discussions with people, made my own opinions known. At one point, I was told that I should run for SBA President. This was after it became clear that the SBA leaned considerably to the left. I didn't think that was necessarily a bad thing, but I felt some political moderation was in order." A camera flashed in his face, but he continued. "At the last minute, I tried to run for SBA Vice-President as a write-in candidate. Even though I lost, the result was much better than what I anticipated. That convinced me that I had enough support to make a successful bid for the class directorship." Another reporter shouted a question. "What makes you think you're qualified to run?" Though Darryl gave him a dirtylook, he answered the question calmly. "In my undergraduate experience, I served as President for a student organization. However, forthe job of Director, qualifications aren't as important as ideas. I doubt the students are as concerned with my resume as theyare with the way I think." "Mr. McPherson, you've been closely linked with former first year directors Jim Maisano and Marc Hirschield, both of whom are also running for director positions this year. How will this affect your campaign?" "I view it positively. Ourcampaigns are practically linked as thethree of us will definitely work welltogether. Our differences strengthen us as a team, and when we see things eye-to-eye, we're virtually unstoppab'e." "Do you have any other comments for ourreaders?" "Yes, I'd like to encourage everyone to take the time to vote, even if it's not for me. Voter apathy has been a problem in the past, and I hope this year the election has a bit more energy. "Still, I'd like to ask the student body to cast their vote for Darry McPherson. I believe I can bring a unique perspective to the SBA that will be beneficial to everyone. And I'd also like to thank everyone in advance for their enthusiastic support." With that, the journalists dispersed, but one stayed behind. Darryl noticed her and asked, "Is there something else?" "Yes, one more question, why do you always wear black?" "No coment." KELLIE MARIE MUFFOLETTO As a UB Law Student you will soon be called upon to exercise your right to vote. While forthe most part a little knowledge can be a dangerousthing, here at U.B. some feel it is enough to get you a Q and others believe it is enough to make an informed vote in the upcoming S.B.A. election. While at present I can only relay to you a little information about myself, if elected as a 2nd year Class Director I plan to pass on more informationabout therole of S.B.A. Last year, while working onthe campaign of one S.B.A. candidate, I became aware ofthe needfor more creative ways to insure thatall students are aware of howtheir money is being spent. I hope to strengthen the lines of communication between the S.B.A. and the student body, so that decisions affecting us all will be made with inputfrom all. In the past, I have been involved with several student organizations. As president ofthe U.B. Engineering Student Association I worked closely with the student government and various U.B. organizations. While there is still a lot of apathy about the 5.8.A., I doubt it can compare with the apathy of most engineers towards the E.S.A. DARYL PARKER I Daryl Parker, due hereby express my intent to run forStudent Bar Association Director As a former director I am fully aware of the structure and working ofSBA. I have served in various capacities over the last year, on several placement committees, the social committee and the entertainment committee. I have also had input in almost all ofthe S.B.A. activities. My basic rule of law is IF ITS NOT BROKE, DON'T FIX IT. I will continue to provide the quality of service you demand. Thank you. Currently, I work at alocal law firm. Many ofthe attorneys express an interest in the activities ofU.B. Law School. While it is important to strengthen lines of communication within the law school, it is also Important to build up the network between the law school and the local legal community. I hope to be able to facilitate that process as a 2nd year class Director. Although I refuse to make idealistic promises, one thing I will promise, is that if I am elected, any law student from any group with any. problem will reach at least a receptive ear. Please support me again this yearas an SBA Directorfor 2nd Year Students. I am open-minded, experienced and will work hard to represent and protect the rights of ail students at UB Law. Tuesday, September 11,1990 • The Opinion 7 �(continued from page 5) and we are currently seeking additional support. Sub-Board One Representative (1 person) This person will represent the SBA at Sub-Board 1 meetings, and report to the SBA all activities by SBI which will affect the Law School. The representative also provides feedback to SBI concerning changes SBA is interested in pursuing as formal policy. This is an important position because SBI establishes thefunding policies of our budget(including the student organizations). Meetings are once a week. This wasan SBA Executive Board appointment that had to be made within thefirst few days of the academic year. Maintenance for Public Order Committee (2 persons) The sth floor of Capen has established this Committee to decide the fate of any person that violates Section 535.3 ofthe University's Board of Trustees' guidelines. SBA will be interviewing potential members and will forward theirnames to Madison Boyce at Capen. Anyone who wishes to read the guidelines can pick up a copy at 542 Capen. Social Representatives (2 persons) For those ofyou whoare social animals, these two representatives will be responsible for planning social happenings, including parties, Law Revue, and the SBA semiformal. Thetwo reps will not necessarily planall theactivities, but will be responsible for recruiting persons who are interested in organizing SBA activities. Additional responsibilities include coordinating other Law School and campus-wide activities to insure that the SBA functions do not conflict with the other fun things that go on here. Commencement Committee (7 persons +1 alternate) This Committee will coordinate graduation commencement with the faculty and staff. Responsibilities include planning Senior Week, deciding Commencement Speaker possibilities,and communicating withall persons involved in planning Commencement. Obviously, only third year students may apply for the seven voting positions, but first and second years interested in getting involved are also encouraged to apply forthe alternate position. Four appointments have already been made, SBA SCHEDULE OF EVENTS Week of September 10th Sign-up for Committees September 12th & 13th Elections outside of library Week of September 17th First SBA meeting one week night September 19th Letters of intent due September 24 Post times and dates of who gets to be interviewed Week of September 24th Two week nights holding actual Committee interviews BAR REVIEW \bar-bre\n: 1. Formed in 1972 by a merger of Bay AreaReview and Bar Review Institute. Today the nation's largest and most personalized bar review course training more than 30,000 of the 40,000 applicants for bar exams annually. 2. The only bar review course to provide multistate workshops and an essay workshop as part of the course for no additional charge. 3. The only bar review course to include aQ & A clinic 7AM to midnight, 7 days a week, which offers individualized answers to substantive questions at no additional charge. 4. Favorite target of smaller, less successful and start-up bar courses who try to encourage students to enroll with them by creating anxieties and then urging them to "switch" from BAR/BRI to their less experienced course. 8 Tuesday September 11,1990 • The Opinion �GROUND ZERO The New Americanism, Sinead and Saddam I've heard Bush on television. He says were over in Saudi Arabia to protect our wayoflife Our way oflife." Now there's a loaded statement. _.Comedians could have a field day with that one. I suppose that it can't be disputed that, in general, "our way of life" is life as it is lived in the United States today, as opposed to some abstract, idealized way that we as Americans are supposed to live. Right? That's how I would see it, but somehow, I don't think our by Michael Gurwitz Layout Editor politicians would agree with me. To them our way of life means pulling oneself up by one's bootstraps, in a land where everyone getsa fair shot to go for the gusto. It's honest work for honest pay, two and a half kids and the dog. Blue skies, white clouds, and wholesome, nutritious food raised by family farmers. Blech! Weall know that the quality of life in America these days is deteriorating. We live in a toxic dump. Our kids are gettinglousy educations. Millions of citizens have inadequate or no health care. Crack is destroying our rapidly growing underclass. Labor unions are struggling for their lives. Common de- cency and the crisis of values. Homelessness, AIDS, Sexism, Racism, Homophobia...how many telethons do we need before someone turns off the TV for good? Yeah, I'm mad, and her's why. Right now we have a trillion dollar deficit AND a half trillion dollar savings and loan mess, and now, ofall times, our government has decided to embark on a military adventure in the Middle East that is costing about 50 million dollars a day. Think about what we could do with that money! I'm sure thatthe parents of that little boy out in Oregon you know, the one who died because he couldn't raise enough money to have an organ transplant. I'm sure that they could think of some good ways to spend $50 million a day. Death has a hefty credit line in this here country. We obviously have leaders wholike tokill. George Bush spends his vacation hooking fish and shooting birds, and Jim Baker travels all the way to Mongolia forthe privilege of shooting rare antelopes. I worry about men who kill for pleasure. Funny how, spending money to save the lives of its own citizens, Washington cries poverty, but when it comes to spending money to kill foreigners (especially non-European types) its boys' night out and all the beer you can drink! Now please don't get me wrong. I — — like our Constitution very much, and I'm proud of the goals our country sets for itself. Freedom isa precious commodity in this repressive world. However, I do not like what our country is becoming. Why, I ask you, werepeople handing out little American flags at the Sinead O'Connor concert a few years ago? I saw that concert. Ms. O'Connor was noticeably tense, and even apologized at one point for her crabby mood. I don't blame her. Iwouldbecrabbytooifsome stupid politicians decided to attack me, and some stupid radio stations, along with their stupid listeners, decided to boycott and harass me, simply because I refused to allow the National Anthem to be played at my show. It's funny how our leaders, and ourpeople, can get worked up over the omission of a song from a pop star's concert, but barely blink an eye at each newrevelation in the unfolding S & L crisis. Someone, I forgot who, once said that if fascism ever came to this country, it would go by the name Amernism. About Iraq. Ther's not much I can say that you haven't already heard, but I'll say it anyway, and if it moves you one way or another, you can write a letter to this paper and we'll print it. I hate Saddam Hussein. He's a torturer and a killer, and is fit to be boiled alive in a pot of Kuwaiti crude. That said, I also want to say that we have no business massing our troops over in Saudi Arabia. It's not our oil, its theirs. We have zeroright to try and control it (and please, George, don't talk about international law and U.N. condemnation. International law didn't stop us from invading Panama and mining Nicaragua's harbors, and we owe the U.N. lots of money in membership fees we withheld because we hated it so much). If we want to protect Saudi Arabia out of some political obligation, fine. That's what allies are for. But as far as forcing Iraq out of Kuwait, forget it. It's the Arab's oil after all. To put it in perspective, supposethat for years, a foreign country had set up coal mining in this country, steadily extracting and exporting our coal, all the while treating our citizens as secondclass humans. If we decided that we were sick ofbeing exploited, and tried to nationalize our coal mines, only to be threatened with military action by our exploiters, do you think we would take kindly tothat? No. We'd rally around our leader and condemn the foreign imperialists. Same deal in the Middle East, folks. It's the Arabs' oil. They ought to control itand charge as much money for it as they can possibly get away with. After all, we shouldn't be the only ones in the world with blue water in ourtoilet bowls... Sex, Lies and the First Amendment StaffWriter her. Now both of us see a cow differently. Whether either of us is right or wrong can be debated for hours, yet fortunately, we both have the right to choose which side we prefer. As far as I'm concerned, every subject within the gamut of human experience and imagination should be freefor open discussion and debate withoutthe Freedom of speech does not mean freedom to open your mouth and allow anything to springforth from yourtongue. Freedom of speech deals with ideas and concepts, not words. That's why it's illegal to yell "Fire" in a crowded theater. What kind of idea is screaming "fire" perpetuating? All it does is endanger lives, revenue generating lives the state has a legitimate interst in protecting. This is also the reasoning behind flag-burning. Despite all the love, adoration, and respect we have forthe flag, in the end it's just a symbol. No matter whatyou do, burn it, shred it, whatever, what it standsfor will remain, and only a few overly patriotic feelings are hurt. (Not that I think patriotic feelings should be disregarded, but many things are said and done in this country that hurt people's feelings.) Freedom of speech is freedom of expression, an opportunity for its varied citizens to voice and share with the American community at large their acquired wisdom, ideas, and insights. Every American has a different point of view and a subjective rationale behind it. First, let me make it clear that everything in life is subjective.And because of that, making absolute laws is a disservice to many americans. Case in point, meat eaters and vegetarians. When I drive through the country and I see Bessie the cow grazing in the pasture, I remember the last roast beef sandwich I had, and I probably drive on to the nearest Arby's for another. But when a vegetarian drives by Bessie, she sees a creature of unique dignity, and the very though of murdering the animal and consuming its flesh is totally repellent to cially applies to sex, probably the single most legislated free speech area since flag-burning and 2 live crew. I don't believe in obscenity lawa. Conceptually, nothing and everything is obscene, depending upon who you are. Defining obscenity is a subjective determination, and laws trying to do so unfairly burden those who chose to think beyond the restrictions society tries to lay down. Miller V.California. 413 U.S. 15 (1973) establishes the standard of determining obscenity. A three part test asks (a) whether "the average person, applying contemporary community standards" wouldfind that the work,taken as a whole, appeals to theprurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the appicable state law; and(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. I have a few problems with this test. "Community standards" is and always will be a joke. Try to open an adult bookstore or a strip joint. No matter where you put it, you'll have people in front ofit picketing and complaining that they want it out of their city. Nevermind that only adults can get inside, as long as junior and Sissy know it exists, there's a problem. What good are community standards when there is no community for the prurient interst. Sure, there are some adult video and bookstores still surviving, but they're constantly under attack through raids looking for obscene material. This raises another concern. What is wrong with appealing to "the prurient interst?" Every adult knows and under- Though nobody asked me, I'm going to give you a crash course in the First Amendment. If you disagree with what I say, I'm glad because that means you've learned the first lesson: you always have the right to disagree. by Darryl MacPherson stands the concept ofsexuality. Though we are exposed to sex in some aspect of our lives daily, we still act like sex is some hidden shame. I really believe if America could honestly deal with sexual issues, sexually related crimes would diminish asthe taboo nature of sex crept "What is wrong with appealing to 'the prurient interest?'" away. Morality, another subjective area, has turned the most basic aspect of human existence into something that is supposed to be hushed up and hidden away. That can't be right. Take away the embarrassment from sex, and what's left? Just another subject available for legitimate discussion. Whether this discussion entails the use of photography, performance art, song lyrics, orliterature is left tothe individual's imagination. If no shame orallegations of immorality are attached to sexual issuses, discussions on these issues could proceed freely on real concerns associated with the topic. This doesn't mean that issues such as sexism or racism in these areas cannot be addressed. I just don't want certain subjects to become untouchable. What is "patently offensive?" to Jerry Falwell and Pat Robertson, homosexuality is patently offensive. To thousands of men and women,participating it, it isn't. Again, it's subjective. "Applicable state law," usually meaning sodomy laws, are also subjective. How can something be private in one state, yet not be private in another? Many efforts to silence speech in certain areas actually mean well. However, the road to Hell ispaved with good intentions. Most aim to protect children, though I wonder if they really need protecting. Society casts aspersions on nudity, and as a result, images of naked adults are hidden from children. And the reaction to 2 Live Crew, how much of it is based on a failure to understand the cultural implications behind their music? Personally, I don't like what they say, but acknowledge theirrights to say it. The First amendment was developed to appreciate the diversity of the American people. Infinite ideas coming from various individuals shouldn't be hushed or halted by ignorance. The key to understanding the First amendment is recognizing that it is there forthe education and enrichment of us all. The Deadline for the next issue of The Opinion is September 17th at s:oopm Please submit articles to box 677 or 808. Tuesday, September 11,1990 • The Opinion 9 �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper...and pass. - Multistate Pieper New York Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 "Fees.." Continued from vase 1 Driving Mule Train of Thought fees, money a The problem in this school isthat a nucleus of students has taken the time to participate in the running of the schooi. This does not purport to indict individuals for their efforts, it is to indict the individuals goingthrough this institution as though it were a trade school for a degree and giving a shadow of effort in participation of the school community. by John B. Licata Features Editor The SBA elections are being held on September 12th and 13th with no third year students having submitted a petition for the six directorpositions. Atfirst I laughed; itwascomical to think that not one of the two hundred seventy third year students even bothered to run for office. What the hell difference did it make? They are on the proverbial outs so any participation would bethe equivalent of a lame duck term, requiring effort for something that would not even help their resumes. That is the linchpin, the focal point, the nubof the matter. Either that orthere is a particularly lazy group of students lurking in the halls. In deter mining the amount of ballots to print up it became obvious that we would need to represent less than fifty percent of the student population. Ah, we are an enlightened bunch. Information on organizations has yet to reach my desk but I am sure I will recognize at least eighty percent of the names on each club list. Last year I thought it was funny that the people "tabling" for various causes seemed to remain constant and that only the banner behind them would change. Public interest law, a variety of law school alliances and clubs could be represented by less than ten percent of the law school student population. There are 10 over seven hundred students in the law school and it is the most impotent body assembled since the mule. This is beginning to sound like a Jaycee club member has moved into my computer and started to go through a database of inspirational speeches, and thatcan be bothersome for a cynic such as myself. I can take some comfort in knowing that cynicism isn't what it used to be. However, there isa certain comfort in standing onthe outside mocking what is going on within the system. There is no danger in throwing stones at someone else's ideals when you profess to own none yourself. The fans of Diogenes understand that cynicism is the indicator attitude of entropy, theattitude that encourages dissembling speech and conformity of opinion. Granted, we are professionals getting prepared to enter the cruel world of the legal system, expecting to get ourlumps and bruises as we learn the hard way how things go on in the "real world." Thatattitude makes my flesh crawl. This is the real world, you are a real person and your life is goingto getreally screwed over if you don't wake up and decide to play a decisive role in what is happening to you. Shakespeare had a theory that everything that happens to us is reality: dreams, literature, etc. It becomes our own reality and we have to add to it through our own experience to get the synthesis between the intellectual and the physical to arrive at any comprehensive concept of life. We are all here to enrich the education ofour fellow students, so don't short change me on my tuition by not sharing your experiences and yourknowledge. I think that is entirely indefensible and terminally short-sighted. Tuesday September 11,1990 • The Opinion and direct student poll, which showed strong opposition to the fees. Whetherthis process resulted in a showing of "substantial student support" is a point of contention, colored by arguments that the techniques utilized in the samplings were biased and unrepresentative of student body sentiment. Undergraduate student response to the fees seems overwhelmingly negative, and has been most adament against the busing fee. Many students suspect that the real motivation behind the highest fees in the SUNY system exists in the Sample administration's quest for "high visibility sports programs" and research dollars, at the expense ofthose seeking an affordable education. At a recent meeting organized in protest of the fees, one student questioned the lack of financial support from the state, when the original source of funding for the state university system was thetotal revenue from the state lottery. Law students seem divided in their opinions on the issue. Some stress the fact that law school tuition at UB is one of the lowest in the country, and consequentlythey don't feel adverse topaying extra for a law school education. The general tuition rate for UB students, however, is the median for publicly funded universities, and law students like JimMaisano argue that"the original mission of these schools was to provide freeaccess to higher education forthose students who can't otherwise afford it, a mission from which the system has strayed considerably." Others argue that a tuition hike would have been preferable, since it would provide for reimbursement under financialaid, whereas the fees will only be covered by additional student loan monies. Tuition increases, while possibly more advantageous to students financially, represent less for ÜB, since tuition dollars go into a general SUNY fund and cannot be solely directed towards SUNYAB. Ken Gage, University Council Student Representative believes that a flat fee would be a more acceptable remedy to thecurrent budget crisis, because ofthe disproportionate burden which the undergraduate population bears as a result of the fees. The most vocal student bodies protesting the fees have been SASU and the Student Association. Representatives of SASU claim that "officials of the State University of New York have refused to stand up to the politicians and demand adequate funding of the system and instead have chosen the easier path of requiring that students contribute more oftheirresources to theoperation of the campuses." SASU plans a voter registration drive to give the students more of a voice in state political decisions, and is formulating various protests against the fees. The imposition ofan athletic fee has been criticised as redundant in light of the fact that a proportion of the mandatory student fee ($28.50 a year) is already devoted ex- clusively to athletic priorities. SA has created the "world's largest petition" which can be signed in Founder's Plaza, and organized a bus march which took place September 10, drawing over 800 students. A rally following the march was held in Founder's Plaza. Both SASU and SA are urging students to resist paying the fees, and to write to their legislators and campus officials in protest. SA also organized a press conference on Friday concerning the fees. Despite this, some students are suspicious of SA's position regarding the fees when the Assembly had previously voted in favor of their imposition. �Profile of Four Buffalo Arts and Entertainment Law Practitioners by Moses Howden Sometimes when you ask stupid questions you get great answers in return. That's exactly what happened when I spoke withfou rof Buffalo's leading practitioners of entertaiment law: Les Greenbaum, David Parker, Henry Porter and Tricia Semmelhack. Each ofthese attorneys has successfully incorporated entertaiment law into their legal practice in varying degrees. Their profiles offer some insight into the type of work to expect in this area and how the law student can prepare for a practice inthe entertainment law in large cities like New York and L.A. as well as smaller cities like Buffalo. LESGREENBAUM Les Greenbaum is a partner with Gross, Shuman, Brizdle & Gilfillan, P.C. of Buffalo. He received his B.A. in 1968 at the State University of New York at Oneonta, later receiving his J.D. in 1974 from SUNY Buffalo. Greenbaum was a Pro Se Law Clerk with the U.S. District Court of Western New York from 1974-1975, a former Assistant Corporation Counsel for the City of Buffalo from 1975-1977, and Law Clerk for the Honorable M. Dolores Denman of the NYS 4th Dept. Appellate Division from 1977-78. He is presently a member of the Erie County Bar Association and New York State Bar Association. Greenbaum has been practicing entertainment law in Buffalo since 1981. Arts and entertainment law constitutes 50%of his practice. Environmental law and appeals litigation occupy the other half. Greenbaum handles the legal affairs of local pop star Rick Jamesas well as local writers, sculptures and painters. He is called upon to handle licensing agreements, copyright affairs as well as draft and review deal contracts. Sometimes Greenbaum is asked to work in a contractual capacity in "shooter" attempts (production companies making speculative attempt at the industry). Although Greenbaum's clients are usually local, he rarely, if ever deals with a local entertainment attorney. Most of his contacts are in New York or L.A. Greenbaum, a writer himself, does not think that an arts or music background is necessary to practice entertainment law, stressing that "clients are seeking legal advice not creative consultation". Greenbaum recommends that students interested in pursuing the field of entertainment law shouldtakeadvanced courses in contracts, entertainment/arts, intellectual property, tax and also courses dealing withlicensing, royalties and contract draftsmanship. He also recommends that students attend as many continuing legal education programs as possible. Copyright, contracts and litigation are very important in this area of practice. Greenbaumfurtherrecommends that students who are interested in practicing in largercities should approach it aggressively. Greenbaum stresses that it is very difficult to break into the large firms in New York or L.A. and that "the submission of a resume will generally not get you too far". However, he does suggest that interning and clerking for organizations that handle entertainment legal matters is a way to break into the field and gain experience as well. Forthose in smallercities, who wish to set aside a portion of their practice to- wards entertainment law, Greenbaum recommends letting the local Rock n Roll bands, artists and writersknow who you are and let area attorneys know that you are handling entertainmentand arts work. Greenbaum stresses that familiarity with the practices ofthe industry, trade and vocabulary are required before engaging in this type of practice. Greenbaum adds that the client should not have to pay for the time it takes for an attorney to acquaint him or herself with the practices and types of basic agreements that are fundamental to the industry. For example, if an attorney is handling a "spec deal" (a sample taken by a larger recording company-for example Columbia Reccords, to see how the artist fares in the market) engaging you r client for $9,000-$15,000 to record demos (sample demonstrations of the artists work, either audio or visual), you cannot charge the client $3,000 just to familiarize yourself with what a "spec deal" is and how it works. These deals are usually between 50—80 pages in length. The entertainment attorney must know in advance the practices and trade vocabulary of the industry. DAVID PARKER David Parker, Vice-President and Corporate in-house counsel for Amherst Records, graduated from the University of Buffalo with a Bachelors degree in Political Science in 1974, attended law school at SUNY at Buffalo where he received his J.D. in 1977 and was admit- ted to the New York State Bar in 1978. He is the president of the U.B. Alumni Association, a member ofthe Erie County Bar Association and the Bth Judicial District Representaive to the Entertainment Division ofthe New York State Bar Association. Parker has been practicing entertainment law in Buffalo for 13years. He has been involved in the Music/Publishing branch of the entertainment industry, the day-to-day business and inside counsel concerns ofthe Amhest Record Label. He is Vice-President of a retail and wholesale multistate Amherst Record Company, and involved in the second largest independent distribution company in the United States, based in Cleveland. In his type of practice, Parker deals with multi-faceted contract work and directly involves himself in thebusiness of Amherst Record Company-a small privately owned record company. Parker suggests that students who wish to practice entertainnment law, should concentrate their studies on contracts, copyright and trademark law, legal writingand draftsmanship, accounting, royalties and business. Parker stresses the importance of knowing the underlying business concepts behind contractual clauses and that this is an area that many entertainment attorney's are lacking in ability and knowledge. Parker comments that 50% ofthe entertainment attorneys in L.A. and New York do not spend enough time familiarizing themselves with the financial underpinnings and ramifications of a deal. The student can familiarize him or herself with the business practices of the industry by subscribing to various periodicals, PLI books and consult "Nimmer on Copyright". Like Greenbaum, Parker emphasizes the importance of knowing the practices and vacabulary of the industry before engaging in practice. Parker says that a typical deal contract is between 30-50 pages and prior familiarity with the inner practices of the industry are a must. Parker warns that entertainment law is not easy to break into, even in larger cities. He suggests that those who are interested in this area should get to know as many people in this area of law as possible, read as much as possible about the business and participate in programs that deal with any area of entertainment work. Who you know makes a big difference in this business. HENRY PORTER Henry Porter is a partner with Lippes, Kaminsky, Silverstein, Porter, Mathias and Wexler, a Buffalo law firm. Porter earned his Bachelors Degree and J.D. from Cornell University. Entertainment law is a small part of Porter's practice. Corporate law, estate planning and tax are his primary areas. Porter was former Secretary of the Buffalo Sabres hockey team for 10 years. His work with the Sabres consisted of negotiating with players, contractual work and the initial establishment ofthe team. Currently, Porter represents the Buffalo Philharmonic Orchestra and has done so successfully for over 10 years. Work forthe Philharmonic requires that he engage in labor negotiations, greivances,and personnel matters. His work environment is riddled with con- tract deadlines, timelimitations and large financial stakes. Most of Porter's concerns are local. However, on occasion his work with the Philharmonic will bring him in contact with outside attorneys hired by the American Federation of Musicians. Porter suggests that students whoare interested in pursuing an entertainment and arts practice should take courses in tax, negotiations and labor law. Porter stresses that communication is the key to success in these matters and recommends courses that will develop written and oral communication. He adds that tax law is very important because sometimes the tax consequences often dictate the attorney's approach to a contract provision or negotiation strategy. For those who wish to practice on an international level, Porter advises that students take courses in advanced tax, treaty law, immigration law and focus on cross-boarder issues. Porter warns that entering the practice of entertainment law in the large cities like L.A. and N.Y. is as difficult to break into as being an entertainer. However, as Porter has demonstrated, an attorney can successfully engage in local entertainment and arts matters. TRICIA SEMMELHACK Tricia Semmelhack is a partner with Hodgson, Russ, Andrews, Woods & Goodyear. She is a member of the Intellectual Property Law Section of the Corporate Department with a specialization in copyright and computer law and litigation. In addition to Ms. Semmelhack's role as a key member of the Intellectual Property Law section, she coordinates the firm's High Technology Practice Group. Semmelhack is active in the New York State Bar Association and currently serves as Chair of the Special Committee on Copyright Law, as Vice Chair of the Intellectual Property Law Committee ofthe International Law Section, and is on the Computer Law Committee of the Business Law Section. Semmelhack is also a Lecturer in Law on Copyright and Computer Law at the State University of New York at Buffalo School of Law. Semmelhack received her B.S. degree from Brown University. She holds an M.A. degree in International Relations from the Fletcher School of Law and Diplomacy, and earned her J.D. degree, from the State University of New York at Buffalo School of Law in 1974. Semmelhack has been involved in the practice of entertainment law in the Buffalo area for the past 15 years. Her work consists of not-for-profit performance organizations, arranging for insur- ance for stage productions, management agreements, reviewing performers' contracts, counseling clients for arts management positions, copyrights for songs and lyrics, book contracts, writers' contracts, protecting the rights to sound recordings, litigate digital sampling cases for copyright infringment, protections of composers in joint productions, musical group's trademarks, ie., name of the group, protection of music and contract work. Semmelhack's clients are generally from the local area and range from musical groups to individual artists and writers. She states that the practice of entertainment law in a city the size of Buffalo differsfrom thatof L.A. and New York City because the practice will consist of primarily personal service work, ie., contracts, insurance and counseling, unless there are larger business institutions in the area. Semmelhack believes that an entertainment or arts background, can be an asset to the practice. Stating that it can provide the attorney with an enhanced perspective into the unwritten nature of the business. For students who wish to pursue this area of practice, Semmelhack recommends courses in contracts, copyright/trademark, negotiation classes, tax, constitutional iaw, and trade She also emphasizes advertising. courses in communication. In Semmelhack's opinion, the arts are increasing in importance and artists need protection-and lots of it. The attorney does not have to be in a big city to make a portion of his orher practice devoted to entertainment law and that practicing entertainment law in a city the size of Buffalo can be "diverse and vibrant". STUDENT PROSECUTORS NEEDED Applications from Ist and 2nd year students are being accepted by the University Prosecutor's Office for Assistant Prosecutors. Assistant Prosecutors investigate cases, negotiate plea bargains, write complaints and represent the University at arraignments. Assistant Prosecutors are work-study funded, though a Graduate Assistantship will open for 1991-1992. All interested persons can contact Kimberly at:636-3048 or 833-4441 Tuesday, September 11,1990 • The Opinion 11 �BAR AM BAR/BRI Leaves Nothing To Chance. ta/fcrr The Nation's Number One Bar Review. (212) 594-3696 (201) 623-3363 4154 Seventh Aye.. Suite 62. N.Y.. N.Y. 10001 02116 (617) 437-1171 Boston, Aye., Mass Commonwealth 160 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b8ba327bb4d8f072be7fe8f702c21c4c.pdf cb6679c5c2c5b08670530ef3e25520eb PDF Text Text Buffalo to Host Progressive Law Conference by Nathaniel Charny Staff Writer U.B. Law School has been selected as host forthe 1990 National Lawyers' Guild Mideast Regional Conference, accordingto Conference organizer Tara Burke. The Conference is scheduled for the weekend of October 5-7, 1990, at the Buffalo State College Classroom Building. 'This is going to be a fantastic weekend," says Burke. "Attorneys, law students, jailhouse lawyers, paralegals and community activists from around the region will all be gathering in Buffalo to work, caucus and party." The conference will kick off on Friday night with a panel discussion on the 1971 Attica Prison Uprising and the litigationthathas resulted from that event. Assembly Leader Arthur Eve will lead the panel, which includes several attorneys who worked on the litigation arising from the uprising as well as attorneys who are presently involved in At- tica litigation. The evening will begin with a short film that presents an account of the uprising, followed by a panel of people who are intimately connected to the events that followed. Saturday and Sunday will be filled with workshops and seminars on a wide range of issues. "We are lucky to have so many active and involved people from our region," explains Gretchen Stork, one ofthe conference organizers. 'The workshops, on issues such as immigration law, prisoners rights, international human rights, drug war hysteria, and national health care, will be led by attorneys and activists who are right on the leading edge of these issues." For example, a Saturday workshop led by Karrie Moss, a New York Attorney from the ACLU Women's Rights Project, will be on the criminalization of reproductive behavior, a recent developmentin the fieldofreproductive rights. In addition, several professors from the lawschool will also be involved. Isabele Marcus will be speaking at the workshop on human rights and Jeff Blum will be involved with the workshop on progressive responses to the waron drugs. Saturday night will begin with a dinner at the Unitarian Church, followed by a dynamic and exciting pair of keynote speakers, according to Burke. Aronette Diaz, a lawyer and President of the Democratic Nationalist Union Party of El Salvador will be speaking with Milu Vargas, a member of the Nicaraguan National Assembly since 1984 and founding member of AMLA E, a Nicaraguan feminist organization. The speakers will be followed byan all-night WorldBeat Dance Party with AZUCAR. "We are really excited about the weekend," commented Burke. "We expect a huge group from around the region and hope that students from Buffalo will recognize what a great opportunity this is." The registration fee for the conference is $30.00 for students and paralegals, $65.00 for Guild attorneys and $75.00 for community members. The fee includes materials and workshops, breakfasts and dinner Saturday, as well as the party Saturday night. These fees can all be reduced or even waived. "We will not turn anyone away who is interested because they can't afford thecosts. Just let us know what you can afford to pay. Our priority is getting people to cometothe conference and participate," says Stork. Students are invited and encouraged to participate in the entire conference weekend, or are invited to attend particularactivities. For example, students may attend just the Attica Panel, the World Beat Dance Party, or any of the workshops that they are interested in. For more specific information on the conference schedule, or to reserve a spot, contact Gretchen Stork at (716) 885-0521, Tara Burke at (716) 885-6663, or stop by the National Lawyers' Guild office in O'Brian, room 118,orthe Public Interest Office in O'Brian, room 509. TO HE PINION Volume 31, No.,4 September 25,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW The Stealth Candidate: Is he Souter-able? ton, D.C. power brokers. Nominees to by Maria Germani Editor-in-Chief Undoubtedly, this week David H. Souter will be confirmed as the 105th Justice to serve the United States Supreme Court. After three days of testimony before the Senate Judiciary Committee, the country judge from New Hampshire has left little doubt about his command of legal precedent, modern law, and the politics of judicial confirmation proceedings. (The latter most certainly an oxymoron for recent cave escapees.) Three years ago, the nomination and derailment of Robert Bork as Supreme Court Justice illuminated the fact as never before that from then on, the determination of future prospective employees of the Court would no longer lie with the discretions of a court-packing President or select cadre of Washing- the Court would now be subject to the populace-at-large conducting their own national litmus tests. Gone arethe days of the smoke-filled rooms of the President's personal quarters where the ultimate determinations were made. Personal motives and agendas as well as who you know have always played a decisive role in the resume game in Washington. But this is different. This is the Supreme Court: the bastion of democracy distanced and irreverent to an ever-changing political climate of voting booths, approval percentages, and PACs in its pursuit of"Equal Justice Under Law." The politics behind the nomination and confirmation proceedings of judicial appointments to the Supreme Court are not a post-Bork phenomena. Who youknow has always played, and stillplays a major role in the world of Washington: David Souter is where he is today not only because of SBA Election Results Ist Year Directors; 2nd Year Directors: Sloane Smith Aida Reyes Hank Nowak Erik Marks Alexandra Atrubin Brian Madrazo Daryl Parker Jim Maisano Darryl McPherson VitoRubin Marc H irschfield Kellie Muffaletto 3rd Year Directors: Mark Steiner Benny Cooper, Debbie Mulbauer, Angela Gott, Jonathan Johnsen, John Winciek his own intellectual gift, but more importantly because he was rubber-stamped by John Sununu-President Bush's White House chief-of-staff and former Governor of New Hampshire who appointed Souter to that state's supreme court in 1983. Although the life-tenure status of Supreme Court Justices is to help ensure the Court as an apolitical institution, the very nature of the Court's function and impact inherently subjects it to the political machinery of our society. Judge Souter's responses before the Senate Judiciary Committee gave me flashbacksofThe Dating Game-thetelevision game show aired in the 1970s where eligible bachelors and bachelorettes diligently responded to questions with all the right kinds of answers, in the hopes of becoming The Chosen One of the show. Souter gave all the right kinds of answers too. His cautious responses appeased many, but certainly not all: abortion rights groups are the most vocal advocates against Souter's nomination, and one conservative group opposes his nomination because of the judge's membership on the Board of a certain hospital where abortions were performed. His biggest hurdle was to pass the non-Bork test, and that he did. Judge Souter played "the game' well indeed. Newspaper accounts of his "polished testimony" and "performance" led one to wonder if he was up for a position on the highest Court in the country, ora leading part in a play. The stakes are much higher in this game, and Souter iskeenly aware of it. Victory is not an all-expense-paid, week-long trip to Las Vegas. In 'Dating Game' lingo, victory is the equivalent of marriage to the chosen eligible bachelor (no pun intended) "till death [or self-determinedretirement] do us part." The ever-growing intense interest displayed by numerous American fac- tions in Supreme Court confirmation proceedings is like a double-edged blade: the rising numbers and decibels ofinterested groups reflect the growing awareness of the importance attached to the nominating and selection process ofthe Justices. This isthe only time any person or group has any say on the subject. This growing awareness in turn highlights the Court's position of signifi- cance. The flip side of increasing interest in the confirmation proceedings resonates with the public's distrust of the administration basing its decision of a nominee on something otherthan credentials and competence gleaned from a track record. So who isthis mystery man from New Hampshire whose relative obscurity certainly worked in his favor? Where does he lay on the ideological spectrum? Liberal groups are uneasy despite Souter'sreassuring generalities of hisviews concerning the Court's protection of individual rights, and his rejection of an original framers' intent interpretation of the Constitution. Conservatives are hoping they will be happily surprised like they were with Justice Anthony Kennedy. David Souter has shed little light on how he would vote on some of the most divisive constitutional issues facing the country. The Senate confirmation vote on Judge Souter will most likely take place by week's end. The Court's session begins in less than one week. Stay tuned. HIGHLIGHTS Faculty Statement Survey pg. 2 Abortion Regulations pg. 3 The long road to law school pg.s �PUT THE KNOWLEDGE OF LAW IN ORDER Study with Pieper... and pass. Multistate Review, Ltd. Pieper New York Bar 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 The U.B. Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment has aroused a great deal of controversy, including a lawsuit. Hate speech and administrative attempts to deal with it are divisive issues on college campuses across the nation. The Opinion is interested in your opinion. Please take a moment to complete the survey and drop it off in either Box 677 or 808. The results will be printed in our next issue. , Please check off your answers. lam a: FACULTY STATEMENT REGARDING INTELLECTUAL FREEDOM, TOLERANCE, AND PROHIBITED HARASSMENT — , first year _second year third year faculty □ The faculty statement should remain in effect. J p~] The faculty statement should be withdrawn. £J lam indifferent. (J Other (please explain). Every intellectual community worthy of the name thrives on sharp and heated controversy—on the free and full expression of opposing ideas and values; on impassioned arguments for, and equally passionate arguments against. Given the particular professional skills required for the practice of law, law schools, including this one, especially prize and encourage such unencumbered give-and-take, the more lively and uninhibited the better. Because both the common law and two centuries of Constitutional tradition have long given American lawyers a special role in assuring fairness and securing equal treatment to all people, our intellectual community also shares values that go beyond a mere standardized commitment to open and unrestrained debate. We support the particular values shaped by the special traditions and responsibilities of the legal community to which all of vs—students and faculty alike belong. Any and all expressions of bigotry, prejudice and discrimination are abhorrent to these traditions; they not only detractfrom the person uttering them, but reflect poorly upon the profession as a whole. By entering law school, and joining this legal community, each student's absolute right to liberty of speech must also become tempered in its exercise, by the responsibility to promote equality and justice. Therefore, it should be understood that remarks directed at another's race, sex, religion, national origin, age or sexual preference will be ill-received, or that racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory statements, as well as other remarks based on prejudice and group stereotype, will generate critical responses and swift, open condemnation by the faculty, wherever and however tney occur. We note with dismay recent acts of harassment, intimidation, andassault against persons of color and other groups which have taken place on campuses around the country, and which have often gone far beyond the bounds of constitutionally protected speech. Concern regarding such inappropriate and often outrageous behavior compels the faculty to add a clear and specific warning concerning any such acts that may occur in this school. It is the policy of this law school to take strong and immediate steps against any and ail such behavior. The means of doing so will always be informed by the faculty's strong commitmentto the requirements of due process but will not be limited solely to the use of ordinary university disciplinary procedures, where such acts indicate that a student may lack sufficient moral character to be admitted to the practice of law, the school can and will make appropriate communications to the character and fitness committees of any bar to which such a student applies, including, where appropriate, its conclusion that the student should not be admitted to practice law. In addition, in appropriate cases, the school will not hesitate to act upon its legal and ethical duty to notify state and federal law enforcement authorities of such acts, and to cooperate with those authorities in their investigation and prosecution. Although the faculty is prepared to exercise such sanctions, we hope and expect that the occasion to do so will not arise. Thus, we expect that students will accept, and act in accordance with, the moral obligations of the profession and this community and honorthetraditions of fairness, equality and respect for others that sustain the legal profession and inform the culture of this law school. Adopted October 2, 1987 Submit to Box 677 or 808 I 2 fuesday September 25,1990 ■ I The Opinion �New regulations threaten freedom of choice by Maria Schmit Managing Editor In its upcoming term the Supreme Court will hear and presumably decide upon the constitutionality ofthe present regulations that prohibit federal funds from going to public and private nonprofit agencies that provide any information and nondirective counseling on abortion. So far, three circuit courts have ruled on this issue. The Second Circuit has upheld the validity of the present regulations while the First and Tenth Circuits have declared the regulations to be unconstitutional. Title X of the Public Health Service Act was enacted by Congress in 1970. This Act authorizes the Secretary of Health and Human Services to provide funds by way of grants to both public and private nonprofit providers of family planning services. While Title X funds have never been used to pay for abortions, since 1981, public health providers have been permitted to provide referrals and other nondirect forms of counseling on abortion. However, in 1988, after seventeen years of such a policy, sections of the Act were reinterpreted and new regulations were put intoeffect by thethen Secretaryof Health and Human Services, Otis Bowen. These new regulations restrict grants to nonprofit providers who give no advice or information on abortion as a possible option. Under these new regulations, defining how Title X funds are to be implemented, any family planning provider who gives such information will lose all Title X funds. Since 1988, these new regulations have been challenged in district and circuit courts. The Second Circuit was the first appellate court to rule on this issue. On November 1,1989,the Court ruled on The State Of New York v. Sullivan 889 F.2d 401. The Second Circuit affirmed the district court ruling upholding the regulations. The Court ruled that the Secretary's interpretation of the Act was within his authority, that the regulations posed no violation of a women's right to privacy, and thatthey violate neither women's norfamily planning providers' right to free speech. The loss of these services will result in an increase in AIDS and other sexually trans- mitted diseases The Second Circuit decision was followed by a First Circuit ruling to the contrary. On March 19,1990 the First Circuit, sitting en bane, ruled on Commonwealth of Massachusetts v. Secretary of Health and Human Services 889 F.2d 53. The district court found the regulations unconstitutional and issued an injunction enjoining enforcement of Title X regulations. The First Circuit affirmed the district court's ruling. Shortly afterthe First Circuit decision came down with its ruling, the Supreme Court granted Certiorari to hear the Second Circuit case, NewYorkv.Sulliyan 110 S.Ct. 2559 (May 29, 1990). Secretary of Health and Human Services, Dr. Louis Sullivan, filed a petion for certiorari on the First Circuit case on JuneB,l99o. Since then, another circuit has ruled on this issue. In Planned Parenthood v. Sullivan. _F.2d_ (1990), the Tenth Circuit joined theFirst Circuit in holding that the new Title X regulations were invalid. The Court found that the regulations violated a woman's right to choose, and her physician's right to inform. It affirmed the permanent injunction against the im- plementation of the regulations. With the circuit courts split over this issue, the Supreme Court will decide the constitutionality of the new regulations. The Court's decision will effect the First and Fifth Amendment rights of family planning providers who are the recipients ofTitle X funds. Women's rights to privacy, to be informed, and to make informed decisions will also be affected. The Court's decision will also decidethe fate of many family planning clinics. The loss of funding will work a severe hardship on medical providers. While Title X funds are not usedfor abortion services, many clinics which receive these funds have abortion facilities on the premises, and it would be prohibitively expensive to separatethefacilities' services. Should the regulations be held valid, many clinics will lose theirfunds and be forced to close. This will especially hurt the over fourteen million women being served by these Title X funds, over ninety percent of whom live approximately 150 percent below the poverty line. (Commonwealth of Massachusetts v. Secretary ofHealth and Human Services 899 F.2d 53). For example, the South Bronx family planning facility, which serves over 6000 women, the vast majority of whom are poor, is speculated to close if Title X funds are cut. If this clinic shuts down, the women it serves will be left without medical services (these women cannot afford an appointment with a private gynocologist). The loss of these services will result in an increase in AIDS and other sexuallytransmitted diseases, and an increase in the number of pregnancies, especially among young teenagers who rely on birth control information and birth control devices currently provided by the clinics. This in turn will put a further burden and strain on the already overworked and understaffed clinics serving poor communities. Ironically, the loss of family planning clinics funded by Title X grants will result in the very problem that the backers of the new regulations seek to avoid: an increase in wanted pregnancies and consequent abortions. The likely appointment of Judge David Souter to the Supreme Court increases the odds that the privacy rights guaranteeing women the freedom of choice to have an abortion (see Roe v. Wade.4lo U.S. 113) may be withdrawn and thrown back to state legislatures. That possibility, coupled withan increasing national debt, rising medical costs, and narrow health coverage offered to employees on the job, and, of course, the new Title X regulations, signalsrenewed conflict between pro- and anti-choice factions. First Meeting for Adcvocacy Group On Monday, September 24,1990, Rebecca Eisen and Catherine Cerulli discussed the goals and objectives of the newly organized advocacy group aiding victims of domestic violence. Approximately thirty-six law students attended the organizational meeting. Issues discussed included the role of the new group in coordination with the Volunteer Lawyer's Guild, Legal Services, and the Erie County Bar Association. Committees were formed write a consitution and to plan atraining session. The times and places forthe committee meetings will be posted throughout the halls of the law school. Requests for information should be addressed to either box #327 or #357. Why I love America (and other cynical observations) by Daryl McPherson Stoff Writer In these trying times, I'm forced to ask myself what it means to love America. Does it mean love of country or love of the capitalist system? Or is it somekind of mixture of both? I ask these questions because I'm starting to wonder what America is all about. These past few months, perhaps these past few years, have shown a resurgence of nationalism. People get so reactionary when it comes to the symbols of our country. At first glance, one would think that Americans wore their patriotism on their sleeves. But that's the point, they don't. Americans are content to love America quietly and privately until someone somewhere disturbs our personal notion of what America is about. For some, it's flag-burning. For others, it's anthem insulting. But may I ask when was the last time the majority of the noise-makers actually honored the flag or sung the national anthem without the benefit ofa national holiday orsporting event? Sure, some people in the crowd actually display legitimate national pride, but what good is worshipping the symbols if you don't understand what they stand for? It blows my mind that some people can't see that tolerating flag-burning is the ultimate expression of American freedom. I equate it with the alleged sacrifice Jesus Christ made for human- ity. Pleading forgiveness for those who have killed you because you love them says a lot about how much you care. If the son of God can die for our sins, is it too much to ask for a piece of cloth to "die" for our liberty? For years I 'ye heard peoplecomplaining about "The Star Spangled Banner." We've all heard how hard itis to sing,the tune is an old drinking song, it's about war, etc. Many people think "America the Beautiful" would be a better national anthem. Personally, it really doesn't matterto me. But is it a betrayal of the "Banner" to speak against it in favor of the "Beautiful?" I'd like to think most people would say no, and recognize that this is clearly free speech. Therefore, speaking against the Anthem is generally allowed. Unless, of course, you're Irish. Forthe most part, the SineadO'Connor controversy is over, but I'd still like to comment. I couldn't understand what the controversy was about. Rock stars always have unusual demands in conjunction withtheir concert performances. Some like video games, some trash the place if they find a red M& M inthe candy bowl. Is it so strange that a person like Sinead O'Connor would request the anthem not be played? Right now, America is in the middle of an internationalcrisis that could blow up into an all-out war. After Vietnam, no one wants American soldiers killed in action without a good reason. While I feel (Heaven help me) that Bush is doing the right thing, I think we should be honest about the situation. The Gulf Crisis isn't about restoring the rightful rulers of Kuwait, it's about oil. We're trying to protect the world economy and American interests in oil. (Though as Michael Gurwitz pointed out in the last issue, it's not our oil.) We don't fight for values and principles anymore. Now and forever, we fight for money. Forthe most part, Americans approve of this action, and so do I tentatively. Still, I can't help but feel there's a better answer to all this. If American policy was geared more toward developing alternate energy sources and technology instead of supporting the old industrial complex, we wouldn't have to be involved in this mess in the first place. If America could have said,"we don'tneed anybody's oil," we wou Idn'thave to worry about losing millions of dollars to this fruitless military exercise. Americans approve all right, but that's because we have no choice. It would take years to put our other options in effect. Capitalism is a strange system. It provides plenty, but not for everyone. America's greatest failing is its utter inability to take care of its people. Admittedly no one wants a total welfare system, but a nationalized health system may not be such a bad idea, not to mention daycare for children. Capitalism would be perfect if there was some way the benefit could be spread fairly, but still allowing an individual to reap[ the rewards for their hard work. So what does all ofthis have to dowith loving America? Despite all of its flaws, I love this country. I belive you can criticize America and still care about it. It's somewhat like being punished by your parents; it's for your own good. America is a country with great potential. The ideals behind the founding of America remain, eventhough she's slow to recognize them. Remember, slavery existed when the words "All men are created equal..." were written. But slavery doesn't existtoday. Eventually, we'll get it right. I believe in the potential of the American spirit. Even though people like Jesse Helms and Pat Robertson scare me to death, and I know fear at the though ofa conservative Supreme Court, somewhere within the confines of my being, I know things won't get that bad. The American spiritthat supports liberty and justice for all won't fail in the end. It really burns me when people say, "America-love it or leave it". My response is, "No, you're not getting rid of me that easily". This is my country too, and I have the right to make it a better place for me and mine to live. The system is warped, but the only way it's going to be fixed is if we get work together to make it right. That's why, despite its shortcomings, the American Dream prevails...it gives every American the chance to reach their potential. Tuesday, September 25,1990 • The Opinion 3 �Summer on Death Row to do a lot of practical things and felt good about myself," Pena stated. "Here by Steven Levitsky in law school I don't feel like I have learned much taking tests and whatever." "You learn a lot doing all the research and writing and working with the inmates. You're exposed toa lot ofthings. Law school doesn't do that." Afterher summer experience, Pena is now convinced of her life's calling. "I loved the experience-it was great," she concluded. "Criminal law is something I really want to do." Jeff Ertel, a second year law student, workedfor the Georgia Public Research Center. He found the job at the New York University Public Interest Job Fair and felt his work with the Prison Task Force ultimately resulted in his hiring. His job was paid at $8.00 an hour for a 40-hour work week, but his hours always stretched longer. "We worked 70 to 80 hours a week and 6or 7 days per week,"Ertel said. "In fact, three nights over the summer, I didn't even go home." Jeff and his office did work on every issue of every case involving death row inmates in Georgia. They wrote up everything, then gave it to an actual attorney, who merely signed it. Work Jeff didon the third day ofhis job portrays the rewarding nature of his job which carried on all summer. That day, he didresearch which wasactually used in an argument the following Monday. Ertel also had the opportunity to work under Mark Olive, one of the top four professionals in the capital advocacy On Thursday September 13 the Buffalo Public Interest Law Program jointly with the Career Development Office sponsored a Brown bag Lunch entitled "Summer on death Row." The discussion presented a forum for two UB Law students, Joseline Pena and Jeff Ertel, to relay their experiences in working for capital defense organizations last summer. Pena began the discussion by stating her interest in working for such an organization was piqued after taking Advanced Criminal Procedure with Dr. Singleton. It wasas a result ofthat class that she decided she was against the death penalty and wanted to work on behalf of those on death row. In response to her interest, Dr. Singleton referred Pena to the Alabama Capital Representation Center in Montgomery, Alabama. Despite being hired on a volunteer basis, Pena found out soon after starting her new position that itwas going to be anything but easy. "They give you responsibility, a lot of it," she related. According to Pena, much ofthe workload would have been unnecessary had the actual case attorneys done their jobs correctly. "We wouldn't have dealt with most of the cases if the attorneys took time to find the mitigating circumstances ofthe individuals," she charged, "ft all came down to inefficient assistance of counsel-the attorney just didn't do the work." A large cause of the poor lawyering was the lack ofa public defender's office in Montgomery. "The cases are assigned to people who are inexperienced or don't want to do the work," Pena lamented. "They only make $40.00 an hour in court and $20.00 an hourdoing outsideresearch." Pena's job was to do research and writing on behalf of the inmates. In doingthis, she even had the opportunity to meet with several inmates face to face Her most vivid memory was of her office s attempt to get a stay of execution for Norrel Thomas. Pena was in the office until 2:00 a.m. helping in the effort, which was futile as Thomas was executed that morning. Overall, despite the up and down nature of her position, Pena felt the internship was satisfying on both a personal and academic level. "(Asa result of the internship) I learned field Jeff especially emphasized the fact that jobs in this field of law are plentiful. "There's tons and tons ofwork in this - Andrea Sammarco News Editor * On September 25, the Student Association will hold a press conference at 2:30 in Capen Hall, to update the media on the fee situation and to keep all parties informed of the intended steps to be taken by this representative Ofthe student body. * In a meeting last Monday, Robert Palmer, vice provost for student affairs, and Robert Wagner, vice president for university services, attempted to explain to students the administration's rationale behind the imposition of the new fees. Wagner estimated that the school is faced with a $5.3 million budget deficit, and that 35 staffpositions have been eliminated already. President Sample has yet to meet with students regarding the issue of fees. * A student strike has been organized by Student Assocation officials and concerned individuals for October 1. The date ofthe strikecoincides with the threatened termination of bus service. The faculty association of UB has indicated in the past that it would support a student strike with the cancellation of classes and similar measures. A rally will be held on October 1 in Founders Plaza to illustrate support for the measure. * Assemblyman William B. Hoyt met withPresident Steven Sampletwo weeks ago to discuss the fee situation, and intends to propose a measure during the next NewYork State Assembly session that would allow the fees to be covered by the tuition assistance program. Students are skeptical of the proposed measure, saying that it wou Id almost certainly meet with defeat on the floor, and is merely an attempt to avoid protest over the fees. *WBFO, 88.7FM will be sponsoring a live call-in forum on Wednesday, September from 7-8pm during which President Sample, Provost William Greiner, and Robert Palmer will be available to answer questions about the campus busing issue. Environmental attorney speaks at brown bag lunch line," he related. "Everybody in the field said if you want to do death penalty work Andrea Sammarco after you graduate college, you can get News Editor a job." On September 13, the Buffalo EnviSome people may feel that the prisronmental Law Society sponsored a oners who get executed are gettingwhat brown lunch session with Craig bag they deserve, but Jeff has his own raSlater, an litigator with environmental tionale for assisting them. "Appellate New York State Attorney General's the work is not trying to get them off, just Office. Slater spoke for a little over an trying to get them commuted, he comhour about his past experiences in doing mented. "That's my justification." plaintiff-oriented environmental litigation, One ofthe biggest surprises of Ertel's the demands of working forthe Attorney life came when he first had the opportunity to sit down with a deathrow inmate. General's office, and the difficulties "I was surprised I was sitting down and associated with breaking into the field of having a conversation with an intelligent environmental law. He then fielded questionsfrom the assembled group on man," herelated. "These men may have committed particularly heinous acts, but a variety of topics. Prior to his position with the AG's most of them are not particularly heioffice, Slater worked with Richard Lipnous individuals." pes, of the firm of Allen, Lippes, and Shonn in Buffalo, on the issue of getting compensation for Love Canal residents. PIEPER NEW YORK MULTISTATE BAR REVIEW, LTD. Come and meet John G. Pieper J.D., LL.M. Learn what the Pieper course has to offer you. Tuesday September 25, 1990 at 5:00 in Room 109. SEE WHY PIEPER PEOPLE PASS For more information or information about signing into the Pieper course, contact any of the following Pieper representatives for Buffalo: Thomas Galligan Tammy Heckman Diane Herrmann Deborah Owlett 4 Fees Update Tuesday September 25,1990 • The Opinion Box 672 Box 698 Box 699 Box 769 He became involved with the Love Canal issue in 1978, when Lippes took on representation for the residents, and was involved in the litigation until 1983, when the case was settled. His involvement in researching the issue has spanned over 10 years. When asked about the current steps being taken to relocate the Love Canal area, Slater stated that, as an employee of a state office, he must officially concur with the Department of Health's assessment of the safety of the area. However, as an individual who has worked on the issue extensively, he said he personally believes that the relocation plan is "ludicrous" and he expressed strong reservations about the safety of allowing the area to once again become residential. Slater described environmental plaintiff litigation as "exciting, but difficult to break into." One of the difficulties involved in getting a toehold in the field obviously exists in the burgeoning numbers of law school graduates looking to do this type of work. The number of firms involved specifically in plaintiff litigation is also extremely limited. Slater suggested that the prospective lawyer who is successful in this field will not specialize solely in this particular area, and also toget as much civil litigation experience as possible. Environmental litigation can also be hampered by the limited resources of the plaintiff. Technical support is a persuasive but expensive necessity in many of these cases, and recourse to the legal system can be cost-prohibitive. The basic tasks of the section of the AG's office for which Slater works include research into pesticides, protection of wetlands, and Article 78 cases which are filed in order to challenge the decisions of an administrative agency such as the DEC. The AG's office has two criminal prosecuters, but Slater does exclusively civil litigation. The office also does outreach work. Slater stressed that one of his functions, and a primary intention in giving the talk, is to convince people to become environmentalists. He pointed out that the actions of a single individual can have important repercussions onthe environment. "When I have three kids and I don't want to wash cloth diapers, I choose to use plastic diapers, and this choice has an effect." He encouraged people to think before they buy, and especially to avoid using potent environmental toxins such as lawn care pesticide services. Slater was encouraging about the potential success of plaintiff suits against major polluters, citing such new developments as "quality of life" rulings, which allow more subtle considerations of the harm done to an individual's lifestyle and environment to be taken into account by a court in assessing the damage done. He also mentioned a development inthe case involving thelocal Pfohl Brother's landfill, where the Department of Health is beginning to collect anecdotal dataand statements from the residents involved in that dispute. �Angela Gott Remembers This is the first ofa two-part series Hello! Allow me to introduce myself. I am one of the 6 new Third Year Directors to SBA. All of us were "write-in candidates". When the winners were posted and a group of students was gathered around the posted election results, I kept hearing "Who is Angela Gott?" All the other names were recognized, asthis is the third year and people have gotten to know one another over the first and second years of going through law school together. So I feel some explanation is in order. I had not filed an application to run for an SBA Directorship, but when no one from the Third Year Class had submitted intent to run, I more or less volunteered. Byend ofelection days, anumber of others had volunteered or had been drafted to do it. I am interested in the Law School and in the SUNYAB University and am willing to make time to attend the SBA meetings and to share my historical knowledge of the running and functioning of both the Law School and SUNYAB. I began full time study at SUNYAB in June 1974. I arrived at SUNYAB with a B.A. in English and Sociology (double major) from Western Kentucky University. I began college in 1969 and attended 5 different universities and spent 16 months studying and traveling in Europe from 1969-1973—thefouryears it took to get my first degree. The Teacher Corps-Peace Corps sent me to Buffalo in July 1973 and I got a Masters in English Education at Buffalo State hi1974. As English teachers were graduating in large numbers and not very employable, I decided to get a second Masters in Library and Information Science and began SUNYAB's SILS program in June 1974. During this 1974-75 year, I took my LSATthree times and applied to only the SUNYAB Law School for Fall of 1975. I was rejected because of low LSAT scores and a fairly low GPA (5 different schools, 16 months study and travel and a double major in 4 years does not make for a high GPA!) So I reapplied for admission for Fall 1976 and worked on a 4th degree, a second BA—this time in Social Sciences Administration-Legal Studies. At SUNYAB, you can write your own degree program and only need to do 32 credits in residence toearn a second B.A. degree. All the creditsfrom yourfirst undergraduate B.A. count toward the second 8.A.! I was admitted in Fall 1976to SUNYAB Law School. I had additional degrees and this factor had enabled me to be considered for admission, despite the low LSAT scores and low averageGPA of my first B.A. I have a history of scoring badly on ail types of multiple choice standardized tests. My SAT's, ACT's, and GRE scores were fairly low also. I was 25 years old 14 years ago when I began my first year of law school. The student body and the professors and the atmosphere in the law school was quite different 14years ago. Some people were not used to the fact that women were enrolled for the study of law and some people were not used to the fact that minority students were enrolled and many were not used to the Prison Task Force Set to go to Jail by Nathaniel Charny Staff Writer The U.B. Law School's Prison Task Force program is set and ready to begin another semester, according to Janet Zw'ick, one of the Co-Directors of the program. This semester we will be teaching at two medium-security prisons: Albion, a women's facility and Wyoming, a men's facility." The Prison Task Force is beginning its twelth year, the program's first semester since winning the New York State Bar Association's Ethics Award for our work. The Task Force teaches basic legal research and writing to inmates of regional correctional facilities. The program is eight, two-hour classes, taught on the same night every weekfor eight weeks. This semester the Task Force will be teaching at Wyoming on Wednesday nights and Albion on Thursday nights. The first classes will be the week of September 24th; Wyoming on the 26th and Albion on the 27th." 'This is a great year for the program," stated FerminSoler, a Co-Director. "We are expanding into our fifth facility as well as implementing a brand new teaching manual. Anyone involved in the program this semester will, if they want, be involved in finalizing the teaching manual that will beused forthe next five or six years." The process for signing up is really simple," explains Katie Sullivan. "Two days before each class put your name on the sign-up sheet that is hanging in themailroom. That afternoon your name will be called-in tothe prison and you will have a note put in your box explaining what materials to prepare and where and when to meet to drive over to the prison. We usually meet in front of the law library at 4:45 p.m. and return tothe school before 10:00 p.m." The Co-Directors of the Task Force explain that everyone is invited to participate, regardless of their year in law school. "What we teach is very basic. The materials are on reserve in the law library and are really good at preparing you to teach. Preparing usually takes one ortwo hours. Besides, once you are in the prison, you are always paired with someone who has taught the class before so that you are never left on your fact that disabled students were enrolled. The Critical Legal Studies concept was not even really born yet. Students werea lot more conservative and money driven in the mid-to-late '70s. The '60s and student activism was long over and apathy was rampant on the campus The students liked to goto beer blasts and party. Nevertheless, The National Lawyers Guild did exist and a group of women within the Guild had begun the Women's Law Students Association to work on concerns like job discrimination and sexual harrassment in the workplace, and sexism in the legal profession. Those issues, however, were not regarded as problems or concerns of society, but only as women's issues orconcerns. The Women's Law Students Association alsoran a taskforce called the Women's Prison Project because there was little or nothing done for women behind bars. There were no recreational facilities, and women stayed locked up in cells, whereas provisions were made for male inmates to excercise, work out, play ping pong, watch TV, etc. There was no Gay & Lesbian Law Student Association and no Club 504 for the Disabled either. Indeed, the blind students were put into the Legal Methods program with the minority students, and the numbers admitted each year was fewer than 18 total in that program. There wereabout ten student groups, including Moot Court and Law Review, and the SBA represented all the students generally (The National Lawyers Guildrepresented an alternative to SBA). Every Spring, students put on a show fiutff I fjM^ 0ct5,1990 Friday k \/w own." commented Jeff Ertel, a Task Force CO-Director. The Task Force prepares the inmates for the Department of Correctional Service's (DOCS) Law Clerk exam. If the inmates pass the examthen they are certified by the state to work in the law library, one of the best positions in the prison. "Ourpassage rate is really fantastic," explains Ertel. "Usually seventyfive percent of our students pass the exam." In addition, the Task Force also gives the inmates some background in research and writing so thatthey can work on their own cases, as well as help IPFHaii 9:OOPM - 2:3OAM Dance to the World Beat Sounds of: others. "Most important," according to Ertel, "is the experience that we, as law students and teachers, get from the program. By teaching this material you are reinforcing it in your own mind and that is an excellent way to learn the material. Perhaps most important, though, is the opportunity to meet and talk with inmates from the prisons. It seems a shame to go through three years of law school, especially if you are considering criminal law as a career, and never go inside a prison, let alone talk to a prison inmate. The Task Force offers you the perfect opportunity to dothat." Everyone is invited to participate in the program, according to the Co-Directors, whether you wantto go to one class or all eight. All you have to dois to make sure that you sign up two days before. called "Law Revue" and thefaculty was invited to see alternative talents law students had in areas ofmusic and song and dance. I participated in the Legal Methods Program and had a ringside seat to observe how this program had nothing individualized to address the needs of the blind law student. I had not been informed until 2 days prior to the beginning of my first year that I was being put into this program. I had not asked to be put into this program, and when I was admitted to law school, I was not informed that this program even existed, much less that I was going to be forced to participate. I only found out about the Bakke case once classes began and then after some study, I realized why it was necessary for a token disadvantaged white student to be included in the Legal Methods Program. I am confident that the Legal Methods Program works much better for the students coming into it today than when it first began in 1976. My placement into "Section 4," and our short list of names posted on the "1 st year board" worked to stigmatize and isolate all of us. I was unable to get into study groups formed amongthe students making up the other three sections, and as most "handouts" were dropped off to BALSA and PODER (presently known as LALSA) offices, I and the blind student were constantly a day late and a dollar short on all assignments. We (entire student body) didn't even get mailboxes until the beginning ofthe second semester, so there wasno means to easily provide us materials. The Jazzabels m t $5 Donation Beer. & Wine available Peace Outer Circle Orchestra Sharri JoReich a uz2afdß,iiProdUa,on pej* Centej: iSi-iioo g ENEF | T why peace center AND THE SIIFFALO GREENS Tuesday, September 25,1990 • The Opinion 5 �opinion jiiir September 251990 Volume 31, No. 4 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco John B. Licata Michael D. Gurwitz Jim Monroe Faculty Statement Stance Last week, ten black law students at Yale Law School received copies of a note in each of their mailboxes-apparently as a response toa reported sexual assault of a female law student which occasioned in early September. The New YorkTimes reported part ofthe contents of the note as stating This was done by two black men," "Now do you know why we call you niggers?" The note was signed "Yale Students for Racism." The incident is presently under investigation, and many questions remain unanswered. It is unknown why only ten black law students were the recipients of the note, and if the author(s) of the note were law students themselves. This outward display of racial violence shocks the conscience. It also reminds one of several anonymous hateful attacks on homosexual and feminist law students several years ago here at U.B. Law School. In one instance, excrement wrapped in tinfoil wasplaced inthe mailboxesof two firstyear students who were deemed feminists, and anti-male. In response to these incidents, the faculty drafted and unanimously adopted The Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment". The Faculty Statement is reprinted in this issue on page 2. Last year, two law students charged Dean Filvaroff and the entirefaculty as defendants in a suitcharging infringement oftheir First Amendmentrights. At issue is the Faculty Statement and its call for "swift and open condemnation" by the faculty for "remarks based on prejudice and group stereotype." The complaint alleges a "chilling affect" ofcertain forms of speech under the guise of 'tolerance. The lawsuit is presently before JudgeArcara inFederal Court. Vicious racist, sexist, and homophobic beliefs are held by an alarming number of people in our society-including the insular confines of this law school. The Constitution exists to protect all speech, including that which we find distasteful. The Faculty Statement law suit isneedlessly reaching a point of no return. Any constitutional defects in the Faculty Statement which may usurp the interest, intent, and commitment of fostering an open, discrimination-free learning environment for all law students should be addressed. But not at the taxpayer's expense, and especially not with a faculty possessing an imDressive caliber ofconstitutional exDertise to redress these defects. The patties involved in thelawsuit have needlessly created a power struggle in the form of a game of chicken to see who can hold out the longest in the name of saving face. Conversations withthe plaintiffs reveal strategic plans to keep the action alive to meet federal mootness and standing problems that may arise upon their graduation. (The plaintiffs are presently third year students.) Few if any faculty members are willing to comment or converse on the topic becauseoftheirstatusasdefendants. Some faculty members aware o! possible constitutional defects are not willing to speak openly so as not to pit themselves against Dean Filvaroff. A terrific opportunity to bring studentsand teacher together in the challenge of drafting a statement to dealwith discriminatory speech and behavior, while maintaining constitutional integrity, is unnecessarily in the hands of a third party - the courts. The Opinion is interested in hearing the views of students concerning the statement. Read the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment and tell us what you think. Staff: Bruce Brown, Lenny Cooper, Gary Ketcham, Daryl MacPherson, Nathaniel Charny Contributors: Angela Gott.Steven Levitsky, George Snyder ©Copyright 1990. The Opinion, SBA. Any reproduction of materials hereinis strictlyprohibited without theexpress consentof the Editors. The Opinion is published every two weeksduring theacademic yuear. H is thestudentnewspaper of theState University of New York at Buffalo School ofLaw, SUNYARAmherst Campus, Buffalo. New York 14260. Theviews expressed in this paper are not necessarily those of the Editorial Boaro 01 Staff of The Opinion. The Opinion is a non-profit organization, third-class postage entered al Buffalo. NY. Editorial policy of Tho Opinion is determinedcollectively by the EditorialBoard. The Opinion is fundedby 'The Italian Loafer: adventures of a Legal Gumshoe fni It)fin '3. Licata 'features 'Editor "Don't look now, but our legal system has atrophied." I knew without looking up that it was Sue Generis, a law student intent on saving the world. I was somewhat surprised to hear this from her since she has campaigning endlessly for animalrights, Pro-Choice, and against her school's own Faculty Statement. I asked her how she knew but other obligations had sealed her lips. She was risking enough just telling me that much. Our legal system has atrophied, and somebody was responsible. I decided to check it out. First, I bought a copy of an influential newspaperfrom the east coast. Whenever there is some investigating to do, get a copy of a highbrow paper and tuck in under your arm. It doesn't matter when it was printed, it only has to help you look serious while you go around asking people questions. Plus, if things get dull, the crossword puzzle can keep you busy. I got a recent copy from a downtown news-stand and sitting on the front page was a report on a guy wanting to get the quintessential civil service job: lifetime tenure; vacations longer than most ofmyromantic relationships; servants galore; and somebody ready to help you remember what your paid to remember in the first place. All for spouting off on your own opinion. I scanned the page and it was a job in the legal profession, the fish stinksfrom the head to the tail. This guy was going to be very influential, and he didn't have to answer questions about the job he was going to be doing. I didn't get it. The shadows were getting longer when I strolled into the bookstore, trying to get a feel forthe pu Ise ofthe society, and there was acomplete section of self-help books that dealt specifically with the law. Bankruptcy was the wave ofthe future, followed by environmental and then the waters got a little murky. I couldn't see how the atrophy factor came into play with the variety of new areas of law, the computer software looked pretty slick, and the covers of the books showed some young guys in tailored suits ready to solve any litigious problem. I was paging through a self-help insanity plea whenthe world started spinning and I fell into darkness. The focus was shifting when I realized I was awake. In a chair across the room a small man in a tightfitting tweed suit was cleaning his nickel-plated revolver. He looked like Martin Van Buren with a moustache, but his clothes were of a more contemporary look. "Awake?" He asked unctuously. How do you answer that question? I decided to nod my head. "Good. To business. You've started looking into the legal profession. We don't like that." He said 'we' like a nurse or the Queen of England, something that is meant to convey an even more sinister element. I stayed quiet, it didn't hurtmy head to stay quiet. Too much is at stake for us to risk exposure because of your libidinous exercise at machismo. Our entire legal system will be compromised if you go any further," he was still polishing his gun, absently sighting it in my direction. I noticed my column space running out so I decided to bluff. "I already know that the Big Boys are trying to eliminate the fundamental rights guaranteed by the Constitution of the United States of America, circumventing the beliefs essential to a democracy." He caught my drift and obliged me. "Democracies are slow to respond to the vagaries ofpublic opinion. As paradoxical as it seems, the more freedom given to a population means that it's government is equally hampered to meet the new demands of the people. There is a lack of effwiency in the system that allows the guilty to destroy evidence that is in police custody." It was the suppression hearing. Looking at his clothes I should have guessed that suppression had something to do with his zeal. I asked what his plans were. How do you reform the system, aside from the legislative act. "Use the media to foment public fervor, take a little dictatorial license through the legislative body of your choice and use the precedent to augment the ever growing latitude offered to public servants wearing blue uniforms," he was loading his gun. I asked how the legal profession fit in. "Lazy advocates make the burden fall to otherarms of enforcement. Over-zealous advocates push the burden onto the legislature. It doesn't matter which side the lawyer is on, the polemics involved allow for a great disparity in treatment of defendants. The gulf in our society is widening, and we don't want the public to be aware ofthe increasing dysfunction of the legal system," he popped the chamber into place and smiled. The doorshattered in an explosion of fury as voices cried out "Police, open up we have a search warrant," and ten men were stuffing the little man into set of handcuffs and carting him off to jail. Sue stepped into the room and I asked her about the atrophy in the profession. "Atrophy? I said it has a trophy. Sorry if it caused you any trouble." Trophy hunting law students. What else is new? •ho SBA from StudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves theright toeditfor length and libelous content. Letters longerthan three typed double spaced pages wilt not be accepted. Please do not put anythingyouwish printed underour office door. All submissionsshould be placed in lawschool maiboxes677 or BOSbythedeadlinedate. Deadlines forthesemester are posted in the mailroom and outside The Opinion office, 724 O'Brian. Qy*-)/i The Deadline for the next issue of The Opinion is October Ist at s:oopm Please submit articles to box 677 or 808. Tuesday September 25,1990 • The Opinion 6 Lfl( MJA /frfflltt\ <&/hM/Mlih\\ jßrl certiorari /*w»mus may be TO At oFric£K rofiThEPEwcAyar A paper t K.i*>crrccr I »*fT /&& To*TF£ASOfIS? AJM\\\ // /PO^k / \ f <Ms\ ry ///tKPAriK W; - -ivS mmKT Try jl, Ar RES TVDICATA RFc/A/A v. pt/E process -~w. f^^ \\/)/ (jgffigl Ho(/S£f10Lp s**^S^\ <cif V\ CASK X COLIATEML ESToPPETLR£PLE.VIfi/ « wn THE future: : /\U£r/v HAIKU • \r™7( W ,T OF �GROUND ZERO - Homophobes beware Your days are numbered by Michael Gurwitz Layout Editor The setting was perfect. There I was, sitting in thelounge ofthe Marriot Hotel on Monday night, drinking beer and watching a football game. 'Twas a perfect place to muse about the rights, or lack thereof, of gay men and lesbian women in the good ole USA. A quick peek at the MTV-style McDonalds commercial on the tube confirmed that I was indeed living in the USA ("McDonalds — food, folks, and heart disease," or something like that). Actually, a few quick peeks around the room provided plenty of grist to mill over: the blond cocktail waitress with the long tan legs and the short white shorts; the beer on special tonight Coors, of course! the commercials during the game featuring women in bikinis selling beer. Yep, definitely a good time to ponder that vile sickness known as homophobia. Are you gay? Does that question bother you in any way? Answering that question in theaffirmative can get you in a lot oftrouble nowadays. The way I see it, being homosexual in 1990's America is a dangerous thing, sort of like being Jewish in 1930's Germany, or black in rural Alabama, circa 1950. According to a recent article in the Village Voice, the rate of physical assaults on gay men and women is skyrocketing, and the brutality of those assaults is extraordinarily severe. Equally frightening is the average age of most gay-bashers, estimated as males between the ages of 14 and 18. Clockwork Orange, anyone? Gay men and women comprise about 15% of the population, or roughly 40 million people. You would think that with such a significant portion of our fellow citizens living under the constant threat of violence, our government would act affirmatively to protect them. After all, gays and lesbians pay taxes, and as — — U.S. citizens, they are entitled to life, liberty and the pursuit of happiness. Our government should be acting with urgency to protect the lives of these Americans, but sadly, as most of us know, ourgovernment, both federal and local, has joined with the hate-mongers in the war on our gay brothers and lesbian sisters. An exaggeration, you say? Recently the Senate voted to adopt a measure that allows the Boy Scouts, and similar organizations, to exclude adult homosexuals and bisexuals from certain programs and activities for children under 18 years old. We all know that gaysprey on young children, just as weknow that negroes rape white women, and kikes sacrifice Christian babies. Incidentally, Al D'Amato supported the above measure, which Pat Moynihan opposed. My favorite big boned gal in the world is k.d. lang. She's a country-western singer with the best voice in show biz. She's also a lesbianand a vegetarian— not your typical Nashville type. Recently, k.d. lang got into a lot of trouble with part of her audience when she recorded an anti-meat commercial, called "Meat Stinks," for a national animal rights group. Seems that the local yokels in cattle country took offense to Ms. lang's criticism of the consumption of the decomposing flesh of dead animals. Her songs were banished from local radio stations. Such a response was predictable, but the backlash produced a particularly nasty result: somebody spraypainted the words "Eat beef, dyke!" on the road signs around Ms. lang's home. What is the source of such hatred against something as personal as sexual orientation? People look to their leaders for inspiration and wisdom. Homophobia grew virulent in the 1980s. Hmmm, who was president during that time?. Why, the Gipper, of course! It took Ronald Reagan ten years to acknowledge that AIDS was a serious problem. His silence until then suggested that as long as the disease was only killing gays, junkies, and Haitians, there was no need to worry. After all, good people weren't getting sick. It wasn't until the son of a (fellow) actor caught AIDS from a blood tranfusion that Reagan took notice. Uh-oh, now rich, straight whites were at risk! Reagan appeared in a television commercial, a year after leaving office, and urged compassion for those suffer- "Ourgovernment, both federal and local, has joined with the hatemongers in the war on our gay brothers and lesbian sisters." ingfrom AIDS. Thanks, Ronald. Where were you from 1980-88? (whoops, I — he was busy organizing the mass murder of Nicaraguan and El Salvodoran peasants). Ronald Reagan, pride of the GOP. Now I know thatboth parties are guilty of perpetuating hatred of homosexuals, but for some reason, the Republicans seem to get all th"* credit. Several weeks ago, The Buffalo News reported on how the Texas Republican party, and its candidatefor governor—Clayton "Redneck" Williams have systematically used hate campaigns against gays to hurt their opponents and further their own forgot — careers. Adolph Hitler used a similar strategy against Jews and was very successful. George Herbert Walker Blueblood Bush used a similar strategy against African Americans in 1988, and was also very successful. I guess the What the CDO never tells you by Gary Ketchum Staff Writer Back by popular demand! After my CDO article last fall I was swamped with requests for more information (most people wanted to know when I'd be leaving town). Leaving aside the hate mail, the three requests I received seemed to indicate an insatiable yearning for more discussion of the cryptic, veiled secrets to landing the coveted "brass ring" blue chip law firm jobs. I really did not intend to write another article on the subject, but after having been deluged by these three requests (and the hate mail), I realized that I have a moral obligation to feed the multitudes as best I can. It's lucky for you that I'm a self-sacrificing humanitarian who's willing to subject himself to another on- slaught of hate mail, justto help you out. Unfortunately, the CDO does not have the tie-lines that I have for tapping into the deeper esoteric regions of the job search experience. One issue I neglected to discuss last yearhas to do withcomputer mail merges that spew out boiler plate cover letters which appear to be as personal as if you were handwriting a letter to granny. There are several high level dangers to be aware of. These risks are illustrated in a story about a fellow student I used to know. He got careless with his rubberstamp merging system and accidentally sent his cosa nostra application to the DA's offices and his DA applications to the cosa nostra's. This unfortunate, but reckless student is now on the hit list of eight nationwide mob families, whilethe FBI has his picture posted in Post Offices throughout the country. It goes without saying that this student is going to have an uphill battle at the interview. These problems can be avoided through careful planning and thorough crosschecking before the envelope is sealed. Speed and efficiency values have their limits although I must confess, this student's speed was his saving grace when he left town after this incident. Theinterview seems to be the focusof most people's concern and more needs to be explained about the art of caviling jabberwockyto youradvantage. Using a baseball analogy, many interviewers like to fire a fastball past you to see if you have a lead-filled bat that is sleeping in your hands. Other interviewers like the changeup pitch that leaves you swatting at flies. But the most common pitch in the interviewing game is the hybrid breaking ball/curve ball ballistics test. Some of the more experienced interviewers can get this pitch to break at a 90 degree angle, which plays havoc on the groins and ovaries. The interviewee must learn to keep her eye on the ball and anticipate the angle at which the question is going to break. The lesson here is don't try to be too "fantastic." A moderate amount ofphan- — tasmagoria will suffice. To illustrate, I will relate several incidents that happened to me this summer. One interviewer asked, "Why do you wear both suspenders and a belt?" I immediately deciphered this question as an outside slider, low and away, and I compensated enough to pull the pitch into the left field bleachers. My response was decisive and unflinching. I said, "I wear the suspenders to keep my pants from failing down around my ankles, and I wear thebelt tokeep them from rising up around my neck." The interviewer instantly offered me 51% of the shares in the firm if I'd come on board; an offer which I immediately rejected as inade- quate. On another occasion, an interviewer leaned back smugly in his chair, dipped two fingers into his vest pockets and asked, "And what, pray tell, have you learned since you've been in law school?" Recognizing this as the patented 90 degree breakingball delivery, and determined to dump this arrogant swashbuckler out ofhis chair with something impressive, I launched into one of my "into the bleachers" grand slam responses:l've learned that where the statutesare against you.arguethe case law. Where the statutes and case law areagainstyou.arguethefacts. Where the statutes, case law, and facts are against you, turn to the court's equity power and argue ad misericordiam. When all of the above are against you, Republicans know a good thing when they see it. Official hatred of gays inspires general hatred. When people see that gays are deprived of their civil rights, without Constitutional protection, they understand the message loud and clear: 'These people are inferior. They are less than human. Therefore, we may hate them, we may hurt them, and we may kill them." Even in the enlightened halls of our own law school, one may find expressions of this hatred. "Die Fags" is scratched into the inner doors of the law library elevator. Ignorance and fearplay a large part in any person's bigotry, but there's nothing like encouragement from one's government to legitimize one's hatred of others. It is time for all good people to join together in the fight against homophobia. The students ofthis University, and especially this law school, must oppose the official policies of hatred against gays which lead to the beatings and killings of innocent people. One way to fight this discrimination is by protesting the Jag Corps when itcomes oncampus laterthis semester. The military refuses to interview gay law students for jobs. This is intolerable. For those of you who are considering interviewing with JAG despite its discrimination, think about how you would feel if you yourself were gay and denied an opportunity simply because of your sexual orientation. To ignore the plight of your fellow gay students is to ignore the blatant unfairness and irrationality of the whole situation. Whites joined with blacks in the civil rights days, and together, they defeated the racism of their government. Today African Americans serve as distinguished members of the military, despite the warnings ofracists thirty years ago. Gay men and women must be afforded trvs same respect, not only in the military, but everywhere. Homophobia is an idea whose time has gone! — Part 2 as well as the Constitution, argue economic necessity and efficiency, and you will dispel all further adversity. Upon completion of this oratory I was immediately offered a full partnership in the firm, with $500,000 annual salary, and twenty years of back pay for the entire period oftime they suffered without my services. After considering the offerfor several days, I decided to reject it in order to accept a lucrative workstudy position at the law. school library. But the point still hits home: learn to read the pitches, and take thatpinstriped knuckle-ballerto the parking lot on every pitch. Hopefully the above lessons will serve to heighten your awareness of the potential dangers that lurk behind every facet of the job hunting process. I've tried to plummet to the nitty gritty depths in an effort to grapple with the thorny issues beyond the contemplation of ordinary mortals. It's what CDO never tells you; yet it's what you most need to know about this high-risk, high-tech entertainment field. THE PASSWORD: . 415 S*vmtl) Mbr Softe 62 New tort.,NX 10001 (212)5«-J*« (iI6)M2-IO!0 (JHI6M-080- (201>«2J-JiM tU; (JIDMHHM 20 Pvt Pins. Sato 9}l lo«> KA 01116 (6171WV9W (20J1T24-J9lO SU, (»n)WV»lBt> Tuesday; September 25,1990 • The Opinion 7 �WE'RE NOT THE BEST BECAUSE WE'RE IDE WE'RE THE BIGGEST BECAUSE WE'RE THE E4fl /?FV/FW © 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-09-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/25/1990 Bibliographic Citation A bibliographic reference for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/916493b3dda66f4f695ecbf740a48189.pdf 18975ba0a0f4ae014c3786968e604532 PDF Text Text TO HE PINION Volume 31, No. 5 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW October 9,1990 Social activists convene for conference on Drugs Hysteria. the case. The attorneys who attended the seminar were able to ask questions and have Berggren respond specifically to their inquiries. The specific suggestions made for handling sexual harassment cases dealt primarily with keeping in mind the focus and intent ofthe case: to "protect women in the work place who are being zapped by male chauvinist pigs." Discussion and comments reveaed that claims can be made by men and are only limited to harassment which occurs as a result of the sex ofthe victim. Claims by gay men can be made against their gay bosses although there have not been many cases on this subject. ily handles civil rights and employment discrimination disputes. Berggren's first hand knowledge ofthe difficulties inherent in advocating sexual harassment cases was evidenced by the suggestions he made for handling the client and who are harassed by their superiors directly, through a hostile work environment, physically intimidated, and people who are not promoted because of the sexual relationships of others with the supervisors, or persons accused by companies as being harassers (due to the company's sensitivity to Title 7 or by Elizabeth Kent Tort Liability for Sexual Harassment was one ofthe seminars offered at the NationalLawyer's GuildConference held the weekend of October 5-7, 1990 at Buffalo State College. The meeting was the Mideast Regional Conference and representatives from M ichigan, Ohio and other states joined New York attorneys and students in discussions as wideranging as ways to discourage the JAG from soliciting students at Universities to Progressive Responses to the War Kurt Berggren, the facilitator of the Sexual Harassment seminar, has a private practice in Detroit, Ml, and primar- Sexual harassment includes women state harassment statutes.) Berggren offered some nuts and bolts advice to attorneys involved inthe prosecution of sexual harassment claims. He insisted that the attorney must relate to the client in a sensitive and caring way. One necessary evil to handling a case is the need to explain to the client 1) that normal litigation is traumatic and that 2) other pressures will be brought to bear on the victim, almost as if the harasser could continue harassment throughout litigation. In choosing the type of suit to pursue, the attorney must determine in what jurisdiction to locatethe suit, federal, state, or county court.. Berggren insisted that often state courts will provide a better forum than will federal courts due to the rigidity of the many Reagan appointees in the Federal judiciary. Attendees ofthe seminar did point out that the state or local statute climate might make itexpedient to try the case in federal court. County Bar follows BPILP's lead in helping homeless by Gretchen Stork A new program to provide legal services to the homeless through a coalition of law students and lawyers is underway, kicked off by a $1200 donation from the Buffalo Public Interest Law Program. The BPILP donation was the first money in, and that contribution sparked the Erie County Bar Association to come up with $1500 for the program. The money, together with contributions from Neighborhood Legal Services and the VolunteerLawyers Project, will help pay Work/Study students to advocate forthe homeless. Having the BPILP money in hand caused "some people (in the Bar Association) to be very receptive, beyond what I expected," said George Hezel, a memberof theErie County Bar Association Task Force on Legal Services for the Homeless. TheTask Force includes representatives from Neighborhood Legal Services, Inc., the Volunteer Lawyers Project, the Bar Association Human Rights Committee, and providers of services to the homeless such as Friends of the Night. Law students will work 10 hours per week providing services in public assistance and housing tothe homeless, and also providing referrals in areas such as family law, consumer and criminal matters. Students will be supervised by Neighborhood Legal Services' attorneys, aided by volunteers from the Volunteer Lawyers Project. Professor Hezel consulted with Paul Toco, a Professor of Psychology at SUNY Buffalo and researcher on the homeless, to help draft a model for the program. "Paul said what we needed was a group of zealots with basic advocacy skills to work hand in hand with the homeless to break down institutional barriers," Hezel explains. "I said, you mean law students." From there came the idea to have a half dozen students supported by attorneys doing on-site outreach at shelters. The key to being an effective advocate for the homeless, Hezel learned from Toco, is to build a relationship based on trust. For that, "you have to deal with them where you find them, which means going to the shelters. They need a relatively permanent, non-bureaucratic face." He defines energy, permanence and basic advocacy as the major elements ofthe program. Students and volunteer paralegals will screen and evaluate clients at the shelters, and working with Neighborhood Legal Services staff, assist clients with legal problems, including representing them before various state and federal agencies. Students will stay involved with the clients throughout the process, doing things like making sure the proper papers are provided at an interview with the Welfare Department, arguing with a caseworker, or helping complete applications for public or subsidized housing. "We hope to start up small with a couple of students and wind up with a larger group," says Hezel. Healso hopes students who are not Work/Study eligible will volunteer their time. "I expect strong support from the students, and a mixture of those who rely on assistance and those who don't, to make the programrun smoothly," Hezel said. "I want students to show the Bar Association we're serous about pro bono work." Points to consider in making the determination are: the amount of allowable damages within the jurisdiction, the allowability of a jury trial, and the definition of damages. The third aspect of a harassment case is the need to utilize experts to answer the difficult and often negative questions ofthe case. Expert witnesses are useful to present a general history of harassmnent and the litigation of harassment. Berggren named two reputable experts available for sexual harassment litigation. It is often necessary for the victim to have pyschological counseling to prevent internalization of the blame for the event. It was emphasized that the attorney cannot operate in a vacuum, the client must decide if s/he wishes to continue withlitigation or accept settlement offers. Although the attorney may wish to pursue litigation, it may be in the client/victim's best interest to accept a settlement. Berggren insisted that the lawyer "needs to be more than a lawyer in a sexual harassment case—an attorney must deal with the nuances of feelings and the strength of the client. Berggren did point out that often harassment cases will include situations wherethere was the use of intoxicants during interactions with superiors from the workplace. HIGHLIGHTS Faculty Survey Results pg. 2 Coming Out Day pg.3 Jessup Awards pg.3 Soviet Legal System pg.9 Tuesday, October 9,1990 • The Opinion 1 �Experts gather at trial technique conference by Maria Schmit Managing Editor A Continuing Legal Education seminar on "Practical Tips for the General Practitioner" took place Saturday, October 6, in the Moot Courtroom of O'Brian Hall. The morning long conference was sponsored by the Western New York Trial Lawyers Association and the Bar Association of Erie County. Samuel R. Miserendino, Harold J. Boreanaz, and Daniel T. Roach, three local litigating attorneys, each with over thirtyyears of courtroom experience, shared their tips on trial technique. Samuel R. Miserendino, senior partner in the firm of Miserendino, Krull & Foley, P.O. spoke of his experience as a plaintiff's attorney. Mr. Miserendino shared his advice on trial lawyering from juryselection to summation. As a litigating attorney, he noted the importance of establishing an identity with each juror from the beginning of the jury selection process. In selecting a jury, a lawyer has to be "like a psychologist." An attorney must learn to analysis each individual. The only way to find out about the prospective juror is to ask questions and let the juror talk. Mr. Miserendino also gave suggestions on opening statements. He advised attorneys to never makea claim to the jury that they can not prove. For a good opening, it is imperative that the litigating attorney have "absolute familiarity with the case." Mr. Miserendino recommended telling the jurors about the case in a storybook fashion that is interesting and easy to follow. He tells the jurors what has to be proven, and then tells them how he will prove it. (However, he cautioned trial attorneys from saying what witnesses will prove each point, because this givesthe opponent the opportun'rty to take a statement from the witness before (s)he testifies.) Mr. Miserendino encouraged litigators to spend all the time that they can on their opening. Harold J. Boreanaz, a senior partner in the firm of Boreanaz, Carra & Boreanaz, threw to the audience what he called his "spitballs of wisdom." Mr. Boreanaz, a criminal defense lawyer specializing in tax, white collarand RICO defense, described a trial as "gentle, intellectual...war of nerves and ideas." From his years of experience he has learned that trial lawyering requires stamina, discipline and control of emotions. Mr. Boreanaz recommended that litigating attorneys go into the courtroom before the trial starts and test the acoustics, sit in the counsel chairs, look for snags in the carpet and sit in the jurors chairs to get their visual perspective. Once the trial begins, attorneys should rise with grace and movepapers quietly. Mr. Boreanaz, strongly advised limiting notetaking during the trial; observingthe jurors, witnesses and opposing counsel is more important. An attorney who stares at his yellow notepad taking excessive notes, often losses out on the Survey Says The Opinion student survey of perceptions toward the Faculty Statement Regarding Intellectual Freedom, Tolerance and Prohibited Harassment (Faculty Statement) has been tabulated and the results deliver a judgment upon the Faculty Statement: it is a pariah. Controversial since its inception the Faculty Statement has always generated debate, however anemic that debate may be. The vote went heavily against the Faculty Statement on a five to one ratio with many of the comments strongly advocating the repeal ofthe statement. Only ten percent of the student body responded and four faculty members chipped in to bring the total to eightyfour questionnaires. Surprisingly, this paltryresponse level qualifies as "statistically significant" of the sentiments of the students and faculty ofthelaw school. The Faculty Statement apparently provokes, forthe most part, either apathy or antipathy. Those few that responded in favorofthe Faculty Statement generally urged for revisions to correct its vague wording. Although there were no responses indicating an "indifferent" attitude onthe survey it isclearfrom the low response level that the issue resides near the bottom on most student's list of priorities. Some of the comments delivered to The Opinion have been edited in the interest of cogent writing and in observance ofvarious obscenity laws. There has been no attempt to silence the views of students regardless of trie offensive content of the individual statement. The voting for repeal of the statement was as follows: Ist year students -18 for, 1 against; 2nd year - 22 for and 3 against; 3rd year students 17 for, 6 against and six students commented on the necessity for altering the document. The fourfaculty members were evenly split with one commenting that the law suit was an issue over the "stubborn- - Trial lawyering, stated Boreanaz, is a lot of work but it is fun. Preparation is essential from the beginning of trial until the summation. Opening statements must bewell prepared. Witnesses must be prepped to the mechanics of testifying. (Mr. Boreanez tells his witnesses to sit up straight with their hands folded, while on the stand, and answer only the questions asked when being crossexamed.) The summation is also very important. However, a good summation must follow a good trial in order to be affective. Mr. Boreanez stated that a trial attorney can not take a losing case and turn it around at summation. Daniel T. Roach, a partner in the firm of Maloney, Gallup, Brown & McCarthy, P.C. and also a Trial Technique teacher at the law school, offered advice gathered from his years of experience as a civil defense litigator. Mr. Roach ad- vised attorneys to know the law, and be well prepared before the trial begins. During jury selection, he suggested that attorneystry to seethe case through the jurors eyes. Mr. Roach recommend asking the juror about his/her children, or letting the jurors tell you something about themselves. Showing your interest in the juror, Mr. Roach feels, is very important. Ittakes awayfrom the sense of interrogation. While, Mr. Miserendino, had noted he thought counsel for the plaintiff had an advantage in giving thefirst opening "It sucks." "The First Amendment isinviolate. Allow the criminal authorities to deal with harassment. Hate speech does not exist in a vacuum." THIRD YEAR REMARKS "Withdrawn and re-written in less broad terms. Too much faculty discretion to censure students." statement, Mr. Roach disagreed. Mr. Roach stated that he feels defense has ah advantage in going second. Defense, in going second can select portions of plaintiffs case that are weak, or mention points that were left out by the plaintiff's counsel, and make them "very interesting" points in the case. This will intrigue the jury and make it seem as though the opposing counsel is leaving out information,; and jurors wantto hear the whole story. He also recommended, that attorneys always ask to have the opening statements recorded. Opening statements are only recorded when the reporter is asked to record the statements. These statements may be of great importance in reading back the record. Mr. Roach suggested that attorneys start preparing their summations each night after the trial. If an attorney tries to put a summation together from notes after a week of trial, a lot of good points will be lost. Trial lawyers should spend a little time each night after the trial picking out the best points, such as flaws in the testimony of key witnesses. The conference offered useful tips for law students who do not yet have courtroom experience. It also offered insight for both the novice and the experienced trial practitioners. While most courtroom litigators havetheir own style, the tips offered could be incorporated in with a litigator's personal style. . Statement Stinks! ness of a few." One student eloquently "Violates clear constitutional prinsummed up the issue by writing "[t]his ciples." statement,though well intended,reflects a great deal of carelessness onthe part "I have always thought of myself as a of our...faculty." liberal—suffice to say, I never knew what a raging conservative I am until I FIRST YEAR REMARKS started law school. I have seen people be mocked and booed by the class and "All is protected speech." humiliated by the professor for uttering opinions which can, at worst, be de"Hang the bastards who wrote this." scribed as "mainstream." This type of reaction, it is particularly when suffered "If not withdrawn, I don't ever during first year, has the effect ofstifling again want to hearthe phrase testosterone poisoning.' Also, the statement any furtherparticipation, to saythe least. There are Republicans in the world. provides grounds for minority-maniTHere are conservatives in the world. fested witchhunts." Why is it thata statement like "I believe that gay men make exceptional single SECOND YEAR REMARKS parents" is met with approval, while one "Free speech at UB!!" such as "I believe abortion is wrong" is met with open hostility? I personally "This is total bullshit!" agree with theformer opinion (in certain cases), and emphatically disagree with "This statement, though well intended, thelatter(let me cover myass here), but reflects a great deal of carelessness on the point is that these opinions exist! "Underthe guiseof"liberal consciousthe part of our esteemed faculty. This carelessness serves to undermine the ness" we are in fact advocating the confidence that students have in their complete eradication of free speech in professors. This, in turn, detracts from the law school. To thinkthat this will be the learning environment that is cultienforced by the faculty is horrifying. The vated at this institution." future: 89 invisible students + 3 NLG members in each class. Of course, "The 2nd sentence, 3rd paragraph racially-based assault is, for one thing, should be omitted. Everything else is against the law, and for another, sickening. But who needs a faculty statement 0.X." Tuesday October 9,1990 • The Opinion 2 opportunity to fully absorb all that is going on around him. pni "illinium ' to state the obvious? What they are really trying to say isthat opinions that differ from their own will be struck down as theyare voiced. Period. I am a 3rd year." "Paragraph 3 should be revised." [The faculty statement should remain in effect.] "Statement clearly does distinguish between speech and behavior. It sanctions behavior, not speech. The condemnation of ill-received remarks suggests mere verbal disapproval, not the same sanctions. Legal profession is conceptually self-governed." "Change wording." [Other] "Re-written." FACULTY REMARKS "It's unfortunate that we are being sued because of the stubbomess of a few* THE PASSWORD: a 415 Ii iall anaat Safe Hew art. NX 10001 <212)5»*.}»* (Sla)W2-WJO (auiMWMO? (2«)42H3*3 BUL (2I1IM)^4« ""■"""" MNrt Han. Sate «J1 taa,. ma 0211. (»I7I»(.»H (20J)724.3»10 «U= (.n)6»WJ«. "mi The Deadline for the next issue of i" | The Opinion is October 15th at s:oopm Please submit articles to box 677 or 808. lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIItttt �Students stage fee strike sit-in by Andrea Sammarco News Editor SIT-INS CONDUCTED Student opposition to the implementation of the proposed busing fee on Monday, October 1,resulted in the blockading of several bus routes on to the Amherst campus at different points during the day. Around 700 students protested the fees inFounder's Plaza at 11am, many of whom boycotted class as a symbolic gesture. They physically obstructed the Flint Loop, the FlintAusperger intersection, the Putnam Way construction entrance, and the Flint/ Audubon intersection respectively, after the administration refused to consider a list of demands presented by SA and the New Student Union. The sit-ins, stand-ins and a march through the Spine, were conducted in a series of tactical strikes during the day by the crowd of students, underthe direction of student leaders, although SA officials declined to participate in the sit-ins. Public Safety officers were present at the blockades but did not make any arrests, and were occupied with redi- reding traffic and aiding vehicles in manuevering around the protesters. The first sit-in was conducted within the Flint loop, where one bus was obstructed. The driver was greeted with cheers and applause from the crowd when he turned off the bus, opened a newspaper, and gave the crowd the thumbs up sign. Successive blockades effectively stopped the flowoftraffic and buses entering and exiting the campus from about 12pm to 3 pm. Buses enter- ing the campus were forced to let off passengers at the site where the sit-in was held. FEE COLLECTION Bus fees and passes began to be collected Monday by some Bluebird drivers from students getting on the shuttles. Over 2000 students had purchased passes by the Monday dead- line, however, it was noted by many who rode the shuttles Monday that drivers were not enforcing the pass requirement. "If you didn't pay they let you ride anyway," said one student whorode the buses three times without paying, while carrying a protest sign on board. Speculation existed that they fee requirement Jessup Court soars in competition 1990-91 U.B. Jessup International Law Moot Court Team Scan Galliher David Geurston Gay Kang Deborah Muhlbauer Daniel Vira Congratulations to New Associate Members: Karin Stamy, David State AWARDS - Best Oral Argument David State Second Best Oral Argument Gay Kang Best Memorial (Brief) Deborah Muhlbauer Tied for Second Best Memorial Carolyn Tinney and Daniel Vira - - - While most law students are soaking up that last bit of sun, packing the car and makingthat trek to Buffalo for either the first time or a repeat performance, competitors in the Jessup Moot Court Intramural Competition were preparing their Memorials (briefs) and orgal arguments for the 1990 Jessup Moot Court Competition. The Jessup International Moot Court Competition is an annual competition held at U.B. Law School. It provides students withthe opportunity to prepare a brief (referred to in International Law as a "memorial") and to argue before judges. The Jessup Moot Court Competition began over the summer months. The research was prepared and sent to the competitors by the Jessup Moot Court Committee. Instructions were also sent to the competitors on how to write the memorial and how to address theInternational Court of Justice. The competitors prepared the memorial for submission to the Board on September 7th. On September 17th, each competitor presented his or her 15 minute oral argument before a panel of judges. This year's judges included Professor Wade Newhouse, Nan Clingman, Esq., Kimi Lynn King, Esq., Jennifer Kreiger, Esq., Chris Vergos, Esq. and Moses Howden. The judges questioned each competitor intermittently regarding his or her lines of reasoning, legal basis for arguments and policy considerations. The judges then evaluated how wellthe competitors prepared and presented their arguments and fielded the judges' questions. The competitors are ranked based on the combined total scores of their memorials and their oral arguments. The top five competitors are selected as the U.B. Jessup Moot Court Regional Teamand willrepresent U.B. Law School in the Jessup Regional Moot Court Competition held in the Spring of 1991. Associate members are also selected based on their total scores. All competitors are to be congratulated for having undertaken such a challenge and are to be highly commended for their efforts. Indeed, this year's Competition was exceptionally exciting because ofthegreat proficiency each competitor demonstrated. Many thanks to Mary Beth Scarcello and Denise Colsanti-Munson who made up the Jessup Intramural Committee. Mary Beth and Denise are responsible for the successful preparation and or- ganization of this year's Competition. Recognition should also be given to the Executive Board: Mary Ellen Gianturco, Director, Pierre St. Hillaire and Moses Howden, Assistant Directors, and Eric Braun, Secretary. Now thatthe Competition is over, the real work forthe team is just beginning. All team members will attend research tutorials on international law throughout the semester. When the problem is issued from the American Society of International Law Students Association, team members will begin researching and writing a memorial forthe Regional Competition. The Jessup Moot Court Intramural Competition offers students an excellent opportunityto enhancetheir writing skills and increase their oral advocacy capabilities. All first and second year students interested in competing in next year's competition should watch for information regarding an orientation meeting in late March. Anyone interested in learning more about Jessup Moot Court events should contact Mary Ellen Gianturco, Director Box 680, Moses Howden, Assistant Director- Box 702 or Pierre St. Hillaire, Assistant Director Box 820. - will not be enforced. But public safety officials have said that they will be randomly checking students forthepasses, and will ticket students for theft of services who fail to purchase a pass. STUDENT STRIKE AND RALLY Student leaders announced a general student strike on Monday in an effort to demonstrate the level of opposition to the administration overthe implementation offees. Thosepresent carried signs and banners, and sported t-shirts saying "Impeach Sample". Present were SA officials Kelly Sahner (President), Rick Cole (Vice-President), and Mike Cross (Treasurer), who answered criticism that the SA was not adequately representing the interests of students. A list of demands was presented to Robert Palmer, Vice Provost for Student Affairs, demanding the immediate cancellation of all new user fees, accountability from the administration to the students, and "legal, democraticcontrol of all university policies" by the students, faculty, and staff. Palmer came down to talk with students, but rejected the demands, citing the budget deficit as precluding the possibility ofa recision of the fees. When asked why students were being made to pay for buses that were promised as free when theAmherst campus was built, Palmer said, "No one could foresee the horrendous budget problem." STUDENT LAWSUIT Mike Cross, SA Treasurer, verified speculations that a lawsuit against the school by student representative groups was being contemplated. "A meeting was held Sunday night to discuss the possibilityofsuchactions,"hesaid. Pam Neubeck, SA's attorney, was expected to inform SA Monday of the possibility of obtaining a temporary restraining order to prohibit collection ofthe fees, pending a lawsuit against the school for breach of contract. Student representatives argue that many individuals came to the school under the assurance that the shuttle service would be freeof charge. Palmer responded to possible legal action by stating, "we made every effort to notify the students." When asked whether he thought the implementation of fees to be a breach of contract, he said, "I don't know whetherit is or isn't...it isn't." National Coming Out Day to continue tradition By Tom Bolze and Terri Mayo Thursday, October 11 is National Coming Out Day. For those unfamiliar withthis event, National Coming Out Day is a nationwide celebration of lesbian and gay identity, intended to show pride as well as increase visibility. In conjunction with National Coming Out Day. ÜB's three lesbian and gay student organizations Gay Graduates. Lesbian/Gay/Bisexual Alliance, and Gay Law Student Organization have designated October 11 as Gay Jeans Day. We urge all those who support the lesbian and gay struggle for equal rights to wear jeans as a demonstration of this support. National Coming Out Day is a relatively recent development in the gayrights movement, having first been celebrated on October 11,1988, in commemoration of the first anniversary of the 1987 March on Washington forLesbian and Gay Rights. Because lesbiansand gays must oftenrespond and react to agendas set by others hostile to our aspirations, National Coming Out Day is intended to be a pro-active statement whereby we can choose to affirm rather than merely defend our identities. Since it is in the fall, National Coming Out Day also provides a balance to the gay pride events that occur in the spring. Gay Jeans Day, on the other hand, is a considerably older event nationwide, although it has only recently begun to occur at ÜB. According - - to Morris Kight. founder of the Gay Liberation Front of Los Angeles and an active member of the West Coast lesbian and gay community, Gay Jeans Day originated in 1975 at California State University at Long Beach; the response, both positive and negative, was considerable, and the event spread across the country. Although the wearing of jeans is intended primarily as a positive statement, organizers of Gay JeansDay continue to be aware of the more subtle, and in some ways more effective, confrontational aspect of this strategy. Some of those whoare hostile to the concept of Gay Jeans Day have suggested more outlandish demonstrations of support, such as wearing Panama hats, or have facetiously promoted counter-demonstrations such as "Heterosexual Footwear Day." Such suggestions and criticisms, banal as they may be. nevertheless indicate how effective the Gay Jeans strategy can be. Because jeans are an übiquitous item of apparel on a university campus, Gay Jeans Day forces those who might otherwise never give a second thought to the issue of lesbian and gay rights to consider whetherthey want to demonstrate support for such, however inadevertently. In addition to those people upon whom lesbians and - gay men can consistently rely those friends, parents, relatives, and associates who daily demonstrate their support by word and deed « Gay Jeans Day seeks to reach those who do not, or believe they do not, have any regular contact with the gay and lesbian community. Because jeans are almost a second skin to many, the choice on Gay Jeans Day may be a difficult one. but it nevertheless remains a choice that one must consciously make. Even a choice not to wear jeans forces the person involved to consider his or her own biases and may perhaps prompt a reconsideration of these biases. We hope to see lots of jeans onThursday, October 11. Wealso encourage everyone to stop by our table in front of the law library, where we wiß be selling National Coming Out Day paraphernalia as well as cookies and coffee. Thanks for your support! - Tuesday, October 9,1990 • The Opinion 3 �oPjtMonJ^S™ Volume 31, No. 5 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: ArtDirector: October 9 „ 1990 Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco j0h n B. Licata Michael D. Gurwitz jj m Monroe Ron Rusczyk EDITORIAL Loan Repayment Assistance Program Educational debts are a fact of life for the majority of recent law school graduates. For many students who accept high-salaried positions upon graduation, loan repayment is not a serious debt burden. For law school graduates who choose public interest law careers, repayment of educational debts are an especially severe hardship. Unfortunately, the educational debt burden becomes one of manyfactors which affect our career decisions. This is a factor which should not have to be considered-especially for students deeply committed to serving the poor and traditionally underserved. Students who choose to forego lucrative corporate law jobs in order to serve the poor and needy should not be unnecessarily burdened for their choice. Adding insult to injury, students seeking public interest jobs often have to pay thefull expense of interviewing (travel, hotels, meals), whereas many students accepting corporate law jobs can expect initial bonuses, relocation compensation, and barreview course compensation from theiremployers. In both cases, students have loan debts. But where the corporate lawyer is eased into his or her high-paying job, the public-interest lawyer must endure financial burdens to secure their low-paying jobs-which will not be recompensed to him/her by way of a lucrative salary. This would not be so important were it not for the fact that public-interest lawyers perform critical social functions. Unlike corporate clients, the vast majority of Americans cannot afford quality legal representation. The crucial role public interest attorneys perform in providing legal services for those with inadequate financial resources is priceless. The situation is already critical, if one considers the odds ofa small, poorly financed public interestlaw firm going up against a wealthy law firm with virtually unlimited resources. In response to the needs of their public interest-minded students, several law schools across the country have established Loan Repayment Assistance Programs (LRAPs) which helpalleviate the debtburdens of graduatespursuing low-paying public interest positions. The Buffalo Public Interest Law Program has established a Task Force to help establish a Loan Repayment Assistance Program here at ÜB. Recent surveys conducted by BPILP reveal the strong support of students in support of the establishment of LRAP at ÜB. An average of over 10% of Buffalo Law School graduates pursue public interest careers. This figure is more than three times the national average! A Loan Repayment Assistance Program at UB Law School just makes sense, and is long overdue. If you are a law student committed to public service, and are seriously considering a public interest career, you can help shape ÜB's LRAP. Interested persons should contact BPILP's LRAP Task Force in Room 509 O'Brian, orcall 636-2900. Staff: Bruce Brown.Nathanial Charny, Lenny Cooper, Gary Ketcham, Darryl McPherson Contributors: Tom Bolze, Angela Gott, Elizabeth Kent, Terri Mayo, Pat Miceli, Gretchen Stork, Tom Winward (SCopyright 1990. The Opinion. SBA. Anyreproduction of materials herein is strictlyprohibited without the express consent of the Editors. The Opinion is published every two weeks during theacademic yuear. Kis the studentnewspaperof theState University ofNew York at Buffalo SchoolofLaw, SUNYAB Amherst Campus, Buffalo. New York 14260. The views expressed in the; paperare not necessarily those of the Editorial Board or Staff of The Opinion. The Opinion is a non-profit organization, third-classpostage entered at Buffalo, NY. Editorial policy of The Opinion is determined collectively by the Editorial Board. The Opinbn is funded by the SBA fromStudentLaw Fees. The Opinion welcomesletters totheeditorbut reserves the righttoedit for length and libelous content. Letters longer thanthree typed double spaced pages wil not beaccepted. Please do not putanything youwishprinted under our office door. All submissions should be placed in law schoolmaiboxes 677 or808 by thedeadlinedate. Deadlinesfor the semester areposted in the mailroomand outside The Opinion office, 724 O'Brian. To the Editor: Yourpublication of the Faculty Statement Regarding Intellectual Freedom, Tolerance, and Prohibited Harassment and the accompanying editorial does not include or refer to an addendum to the statement approved by the faculty on May 20, 1988. It provides that "paragraph three of the Statement, as presently constituted, does not contemplate [the] imposition of sanctions ...". Having been approved at a later date, the clarification is not ot within the text of the Statement. But it may be of interest to your readers and survey participants. Very truly yours, Lee A. Albert Professor of Law and Associate Dean At „ ,*ay 20, 1988meeting, the faculty unanimously adopted the following resolution: fTJhe faculty hereby reaffirms itsStatement ofOctober 2, 1987, 1) confirms that paragraph three of the Statement, as presently constituted, does not contemplate imposition of sanctions, and 2) requests thatthe Committee on Committeesauthorize a student facultycommittee to commence work during the summer toproduce proposed clarifications to the Statement, for action by the Faculty at its first meeting in October 1988.' TheOpinion neglected toprint thisaddendum whenitreprinted the Faculty Statementandconducted its student survey on the Statement. • Tuesday October 9,1990 • The Opinion 4 THE OPINION MAILBOX To The Opinion: There can be no doubt that Michael Gurwitz is a passionate advocate for a prejudice and hate-free world ("Homophobes Beware-Your Days Are Numbered"). However, he does a disservice to himself and his cause when he lowers his standards to those ofthe "hate-mongers" he so passionately battles against. For example, is there any real difference between the hate-monger's use of the words "Fag," "Homo," or "Dyke" in describing Homosexuals or Lesbians, and Mr. Gurwitz's use of the word "Yokels" to describe residents of cattle country, "Redneck" to describe Clayton Williams, and "Blueblood" to describe George Bush? By using such words or labels he does nothing to dispel the ignorance which isthe root cause of prejudice and hate; rather, such usage merely reinforces the hate-monger's belief that name-calling is a valid form of debate. Instead of calling Clayton Williams a "Redneck,"Mr. Gurwitz need merely have recalled to the reader Williams'reprehensible remark about rape to show what kind of man Williams is. In addition, Mr. Gurwitz's attempt to lay the blame for the increase in a antigay violence and the spread ofAIDS on the Republican Party and Ronald Reagan is suspect. Although he does admit "that both parties are guilty of perpetuating hatred of homosexuals," the only examples he offers purport to show a "systematic" use of hate campaigns by Republicans against Gays and African-Americans. When Mr. Gurwitz mentions the Senate vote adopting a measure allowing the Boy Scouts to exclude adult homosexuals and bisexuals from certain programs, he tells us "incidentally" that Al D'Amato (R) supported the measure, while Pat Moynihan (D) opposed it. Was this incidental information supplied sothat we might each make our own judgmentas to whom to support oroppose in the next election, orwas it supplied to show that, once again, Republicans are to blame for the increase in anti-gay prejudice? If his purpose was the former, then it should have been more clearly stated. If his purpose was the latter, then Mr. Gurwitz wasremiss in notrealizing that there is a Democratic majority in the Senate, which means that both Republicans and Democrats voted forthe measure. What is important is to understand that by voting against those who support measures which legitimize prejudice, we send a powerful message that prejudice will not be tolerated. My purpose in writing this letter is notto denigrate Mr. Gurwitz or his cause in any way, but rather to show that his use of certain words and attacks upon Republicans does nothing to further his argument. Mr. Gurwitz should not let his passion for the cause cloud his objectivity. Robert C. Fletcher IL, Section 2 Michael Gurwitzreplies: Mr. Fletcher makes an excellentpoint regarding the use of labels. It's easy to use labels whenthey serve one's purpose I'll be more careful in the future. As to the Pat Moynihan /Al D'Amato reference, that was for informational reasons only, although it did fit nicely into my condemnation of the Republican party which despite being a minority in Congress, is still, as far as I'm concerned, responsible tor a host of social ills. - To the Editors of the Opinion: Webster's New Collegiate Dictionary (1981) defines "prejudice" as "an irrational attitude of hostility directed against an individual, a group, a race, or their supposed characteristics." (emphasis supplied). If you hate a person because of their skin color, you are prejudice (among other things). If you hate someone because of their political party affiliation, you are prejudice (among other things). If you hate someone because they belong to a certain group, you are prejudice. On September 19th, as I walked into the law school mailroom, I was deeply angered and repulsed by the blatant acts of prejudice that faced me; three students had covered up the openings to their mailboxes with signs that read in effect (because all three were not exactly the same): "No homophobic, chauvinistic, racist Federalist trash, please." I immediately matched mailbox numbers with names, and was by no means surprised at the three names I found. I will not disclose those names now, soas not to give the Opinion editors any possibly valid reason for not printing this letter, i.e. libelous content. But, the names were very well known to me. I am a Federalist, and am personally insulted at being labeled homophobic, chauvinistic and a racist simply because I belong to a group that these three do not like. I dareany or all three of them to show that I am any of the characteristics that them so openly attribute to my group. Each of you have made a very serious allegation that I take as a personal attack against me. Two of you I don't even think I have personally met! Do you have any rational proof that all Federalists are homophobic, racist and chauvinistic? Do articles in the Federalist Papers (all of which are individually written and signed) mean that all Federalists agree with every single article? (If you need a hand with that answer, it is no.) I would like any one or all three of you to prove me, a Federalist, to be what you have implicated me as being. As a matter of fact, I demand that you attempt to bring forth such proof. It doesn't exist. But, that's not the real point anyway, is it? The three of you weren't attempting to attack me personally, were you? After all, there are of course many moredirect ways of doing that. No, I suspect that the three of you had a much more loftier goal in mind; the creation ofhate towards a law school groupthat you don't like. Why else put your signs in obvious public view? Hey, it's cheap advertisement,right? Start an attack against the Federalists, after all, everyoneknows that weare all latent Nazi's. Or, at least the three of you probably are sure, and might makes right, isn't that so? So what the heck, start a hate campaign. At worse, you will help to make people afraid of speaking out in class or in the halls with a view that is not yours. So what is a little hatred if it furthers your goals, since, you three are qualified to speak for everyone's opinions (except Federalists of course, but we don't count anyways). This kind of overt prejudicial name calling against a group, which implicitly attacks all its members, is against the principles that most of us have been fighting against; the promotion of hatred against a group simply because oftheir skin color, sex, or perceived beliefs. Though I have at times disagreed with some ofyour views CONTINUED ONPAGE 7 �The Faculty Statement in Court by Tom Winward I must admit that I was surprised that an article which I co-authored espousing the merits of an open-mind in law school drew such fire in the second issue of the Opinion. I was likewise surprised at the form ofthe attack. Let meaddress two criticisms which I found to be valid and worthy of answer. First, Jim Monroe pointed out that in our warning not to let labels dictate behavior we too fell into the "label trap." As matter of convention, we referred to the "right wing"and "leftwing" and probably should not have. For my part, I apologize to all who saw this as a contradiction and hope that it did not marthe substance of the message for all. Second, we were accused of oversimplifying issues which I simply do not believe wasthe case. Rather, we chose notto address specific issues in a piecemeal "survey" fashion which the article would have required. Instead, we decided toaddress specific issuesthroughout the year. This is the substance of my letter. I was disappointed to find that in sev- eral issues of the Opinion there was little or no mention of an event that affects every member of this school. I am refer- ring to the challenge to the law school's faculty statement now in the courts. On Wednesday, September 5, 1990 I attended a hearing ona motion to dismiss the claim ofthe students challenging the statement. The State took the position that Dan Majchrzak and John Wiencek had no standing and could show no harmforwhichthere was remedy;therefore, they had no claim. As Dan aptly pointed out in his presentation of the case, the harm is ever present in an academic setting whichtells us we must "temper our speech." He went on to make the court aware that even in the courtroom a student is subject to open condemnation for objectionable speech "where ever and however it may occur." It wasa point I thinklost on the judgeand the State's attorney but not on the students in the room who live with the uncertainty bred by the statement. The State's attorney contended that the statement provided only for open verbal condemnation of speech and other penalties were reserved for acts. The problem isthat this isthe characterization in court, while in the school itself the statement is enigmatic. If the statement means verbal condemnation then it should say verbal condemnation. It is ironic thatthe State's attorney was concerned with the type of speech or acts that the plaintifs wanted to engage in when at the basis of this suit is the students' concern over what they may say or do. The plaintiffs answered that they felt they had a perspective on the law which is not often expressed at the school. Likewise they argued that the uncertainty withinthe statement "chilled" any presentation of their particular perspective and therein lies the harm that has prompted the suit. The judge seemed reluctant to accept the plaintiffs' notion ofharm and at one point asked when these controversial points of view might arise. The plaintiffs responded that constitutional law, for example, raises issues such as abor- tion, homosexuality and affirmative action which often promote opposing views. In fact there are seminars offered at the law school which center on issues of controversy. Another procedural issue which the plaintiffs raised severaltimes was, that in a motion to dismiss, the facts they allege must be deemed true. If there is a perceived harm, then the plaintiffs shou Idbeallowed discovery to substan- The hearing resulted in an order by the judge for both sides to submit briefs of cases raised in the motion [possibly improperly raised] within 30 days for further consideration of the motion. I hope that in the future there will be more student interest inthis case. The simple fact is that regardless of what you think ofthe plaintiffs' politics they are fighting forthe First Amendment rights of every student in this school. There are students who believe that the faculty statement should stand as it is, some who want to see it revised, some who want it repealed. There are some who joke about it, some who are embarrassed that it represents our school, some who fear itand some who are willingto fight it in court. Regardless of your point of view we are all affected by the statement. The observations made and opinions stated here are my own and should not be attributed to any group that I am affiliated with. I welcome any and all comments and criticisms and hope that in the future they will be based on the merits of my arguments, as befits an institution ofhigher learning, ratherthan upon ad hominem attacks. tiate the claim. Cheaters Among Us: The Insidious Intrusion by Sandra Williams Business Manager In the Spring of 1990, The Metro Community News reported on organized cheating at the State University of New York at Buffalo. Inthe undergraduate departments fraternities and sororities had stolen exams from classes they hadtaken and now actually have a filing systemto whichastudent can just make a request. In discussing this with a friend of mine, a Teacher's Assistant, he confirmed the existence of such a system but in addition noted that he had even a worse experiences as a Teacher's Assistant. "...are we to commission Career Development to police the resumes and transcripts of the students?" He had students who sit in on the same exams more than once so that they are familiar with the examination material when it became their turn to take the exams. In addition, he had students who straight out handed in someone else's work as their own. When he reported it to the professors, they told him not to worry about it-these things happen. At theend of the Spring semester for the law school, I was told that several students had organized as a group to take several of the exams given out last year. This came not as a total surprise. But, at the beginning of the fall semester, it came to my attention that several students had altered their transcriot to the appearance that they are total "H" students. Alarmed, I mentioned it to a third year student. The surprise was mine. The third year dismissed it as a usual occurrence among his very own classmates. Just to mention, the students had an average of eight interviews each. One student had in excess of eleven interviews. Whatkind of system isthis that makes it O. K. for students to feel at ease cheating and lying? What kind of lawyers are being produced when integrity is absent? Whose responsibility is it in this situation to eradicate such a problem? There are four players in this situation: the Career Development Office, Teach- does that leave the rest who have demonstrated hard workall theirlives. If Hs and law reviews are what they want, then that is what they get. Should it matter how true these Hs are? I would argue, yes it does matter. We cannot fault the employer for defining what they think is the best and looking for it. We use the same approach when we look for people, schools and even jobs. We cannot take the responsibility fully away from a student to be honest and demonstrate something more than they have done so far by altering their transcripts. I would not want such a person whether they had Hs or not because, often times what you do is demonstrative of what you are. If you can alter transcripts today, what will you be altering tomorrow? How far will you go before you have had enough? In conclusion, this is not to absolve all those who clearly or silently allow the cheating and lying to happen and even worse, let itcontinue because it is not their job. These are not the people we want to send out in the market. Surely as an administration, like parents, these are not the type of students we want to be proud that we have produced. ers/Administration, Employers, and the Student. On the one hand, CDO has contact with the resumes and the transcript of students. If we are to give a truth to the rumor that resumes are pulled when they don't fit the employer's requirements, then we can assume that CDO can also check the transcripts to ensure that itis true as submitted. However,are we to commission Career Development to police the resumes and transcripts of the students? CDO perhaps receives over five hundred resumes and transcripts during the interviewing season. In addition to organizing, planning and seeking potential employers, are we to ask CDO to make sure that these potential lawyers are honest as well? As to theteachers and administration, when we enter the school, they are immediately commissioned with thetask of molding and teaching us so that we can be the best lawyers we can be. What are they teaching or not teaching us that even at the start wefind dishonesty more profitable than integrity? Can we say students are already was "bad seeds" when they came to the school and it is not theteacher's responsibility to make honest men and women out of us? What about the employers? One employer stated to me, "we want nothing but "Hs" and "lawreviews." Where MANIA LEGAL ff\u.aX*~ Tuesday October 9,1990 • The Opinion 5 �ShCahopes sigh by Darryl McPherson Staff Writer They walk in duty, like a knighi With countless minds at varied times: And all that's best of left and right Meetwith true respect in their eyes: Thus gathered on a Monday night And heaven nor gaudy day denies. To loosely borrow from Byron, the above comes very close to describing one of the up and coming organizations on the UB Law School scene. Though Students for Constitutional Concerns has its roots in the past year, it is taking off this year with the hopes of a bright and promising future. SCC started out as CCC, Citizens for Constitutional Concerns, a group founded by some law students last year in order to explore the war on drugs issue The group, with the assistance of Professor Jeff Blum, organized a retreat to further discuss civil liberty issues. After that, CCC seemed to drift apart. Retitled SCC to more accurately reflect the group's composition, it was born anew through the efforts of second year student Jim Maisano. Maisano left the Faculty Statement reflected a lack of understanding ofcivil liberties on this campus." To combat the problem, SCC is devoted to heighten awareness of constitutional issues through educational activities The appeal of SCC is that it is politically neutral. "All views have a right to be expressed, and SCC will provide aforum for all ol these views to be heard. We actually encourage liberals, moderates, conservatives, orany other student to join our group," says Tom Winward, oneofSCC's members, marc Hirschfield adds, "SCC promotes vigorous debate on all issues, but doesn't take political positions itself, though people within the group can. Groups like the National Lawyers Guildand the Federalist Society have created a polarity between law students. Either you are a liberal or a conservative, and don't dare to try to stand in-between. SCC hopes to bridge the gap by presenting an open minded viewtowards all issues, and those who choose to champion them. SCC doesn't have a traditional hierarchy with a president, vice president, etc. Instead, it has a decentralized leadership from within the membership. "This tends to create a greater sense of responsibility for the members, and keeps any one person from dominating the group," says Rebecca Eisen, ironically SCC's treasurer, the only permanent position within the organization. For administrative convenience, it was felt one person should consistently control the organization's money. After drafting a constitution and ratifying it, SCC set out to begin its mission through educational forums, panels, and/or debates focusing on civil liberties. The first of these activities was the October 3 presentation on the environmental and economic benefits of hemp, and the conspiracy behind hemp prohibition. Featuring Professor Blum and Marilyn Craig, a representative of Business Alliance for Commerce and Hemp, the event demonstrates them ajor civil liberties threat being conducted in conjunction with the war on drugs Also featured was a secret U.S. government film from 1942 promoting the growing of marijuana. Planned for later this semester is a panel discussion on censorship in the arts. As Mr. Maisano explains, "There's an enormous crisis on censorsh which can be displayed by the 2Live Crew incident, NEA funding, the Mapplethorpe exhibits, and labels on records. This crisis was begun by an effort of religious fundamentalists and conservative politicans, who would like to force their own personal morality down the throats of all Americans." In the future, SCC would like to do something on the constitutionality of hate speech laws and the debate on affirmative action. In addition, SCC welcomes input from all student groups, and is always looking for new members. Any interested students can leave a note in Box 450. Generally, the group has meetings every other week. In Search of Club 504 Members by Angela Gott In recent weeks, several law students have contacted me to indicate that they are also Learning Disabled and to compare notes about the nature of my disability withtheir own and also to discussthe varying degrees ofaccomodations we require to compensate aroundthe effects of ourdisability. Even though these students and I share the same handicapping condition, our specific type(s) of problem(s) differ and therefore our accomodations needs require different methods. I have also met several students who are unsure about their learning problems and want to know more about what "Specific Learning Disabilities" island to find out how to go about being evaluated to determine if indeed, they really have this handicap! It's sort of scary torealize that you are actually disabled, actually suffering from minimal brain damage, are actually "not normal." 6 Tuesday October 9,1990 If you are also "Learning Disabled" and would like to contact me, please feel free to put a note in my box #864 as I would love to meet you. It's my understanding thatthereare about 20 of us currently in thelaw school. If you are receiving accomodations in class and on examinations, perhaps you would like to compare what I am receiving. Perhaps you've had problems and would want to share your experiences withthe rest of us so that we don't make the same mistakes. The burden is on ourselves to find one another! Perhaps some ofyou are receiving benefits from VESID and others of you would like to find out about applying for this program. Perhaps some ofyou are receiving only a limited level of accomodations because you have not supplied sufficient documentation and want to know what others supplied to receive more recognition and/or protections under Section 504. And perhaps some of you are still on the fence, unsure whether to accept the reality that you are "learning disabled" and go for the protections and • The Opinion Ie talian Loafer: T h Adventures a Legal By 'John 'B. Licata 'features 'Editor of I was sitting in the Baldy Breezeway eating a sandwich and wondering what I could do to avoid reading yet another decision by JusticeTaneywhen a fellow student pulled up a chair. I guess I was looking sort of glum because he tried to put my mood in perspective with a sur- prisingly idiotic statement. "Who died?" He asked in a flippant manner so distinctive of the smug and indifferent. In that instant I hated him.. I hated this buffoon strolling around campus oblivious to his environment. I wanted to shatter his world and rip away his blinders. Linda Yalem, Ireplied quietly, Linda Yalem and Dma Marie Lesniak. He disappointed me by not being shocked. It was clear he did not know either woman and now he never would. It was clear that he did not know what had happened on the last weekend of September. Two women were killed in adisturbingly similardisregardfor human life. What words are strong enough to describe such acts? Crimes against humanity wore out by the end of the Nuremburg Trials, heinous acts has been bludgeoned into the head of law students across the country for a laundry list ofcrimes. I looked through himtothe courtyard beyond and could not stop wondering. In truth I did not know, and now could not know, either woman. So why did it bother me so much today? It wasn't proximity, it wasn't the particular element of the youth of the victim, it wasn't the thought of having known the victim. I have had these reactions to crimes before and have been disturbed by the possibilities of knowing the victim. When I left campus that evening tired from dodging the library I headed out to my car parked in a remote lot. As I entered the lot I noticed two women speaking near one of the few remaining cars. They immediately said goodnight and one got into her car and the other swiftly walked to another car which happened to be parked by my own reliable GM tank. I could sense the tension. HelenKeller could have sensed that tension, and she's been dead for a accomodations, or continue to struggle in silent agony, making lower grades due to lack of any accomodatio at all! I am particularly interested in first year students who are just beginning to realize they might have this handicap and don'tknow what to do! Please put a note in my mailbox. I can show you resources and materials so that you can learn more and then make a decision. In my case, I was "flunking out" dueto lack of notes, an inability to learn from the lectures, and I needed much longertime on the exams, by taking on the label of Gumshoe few years. At that moment I was never more secure in being a man and never more outraged at what systematically happens to the women ofthis society. It was as though I had been shoved into the role of the villain and dramatically made my entrance for maximum visual effect. Dracula would have to step aside for the Anonymous Malevolent Man. But I could not find fault with their response. It was the prudent thing to do. People are pointing to Linda as a warning, "Use the buddy system when you are running." Never run alone. Don't swim alone. Park in a well-lighted zone, walk with a friend, bolt your doors, don't list your name as a woman in the tele- phone directory, watch out for elevators late at night, have a nice day. The recurring nightmares that are broadcast for television profits and showing in glaringly lurid detail in magazines next to health and diet advertisements. I'm still waiting for the media to give a catchy name tothe suspect ofthis and two other sexual assaults in the samearea. Perhaps Geraldo will latch onto the event and have his viewers call in with suggestions withthe winner getting an all expense paid tour ofthe locations of great media crimes of the decade. Perhaps it would take too long. Kitty Genovese seems to have died in vain. I can't even remember if she died. She screamed on the front steps of a New York City townhouse throughout a horrific rape that included coffee breaks forthe rapist. Nobody responded. That is not what happened onthe UB campus the last weekend of September, but if we listen closely we can hear the cries for help from people everyday of their lives as they act in order to combat an oppressive fear that unrelentingly weighs upon their minds. I don't pretend to know what the fear is, I don't presume such insightful powers. But there is a fear on the campus that has unsettled me. I have since reconciled my hatred for my vapid acquaintence, and he has yet to ask me who died. Maybe he's been listening to the cries. handicap status, I am now for the first time, not anxious about goingto classes, not anxious about exams. I am actually enjoying law school! Isn't this the way learning is supposed to be? So let me hear from you and if there's enough interest, we might wishto reactive "Club 504" which is an established group disabled law students before us, organized and received funding from SBA. All of us are going towant and need accomodations on the BAR EXAM and by working together now, we can secure thatfor ourselves. So let me hear from you!!! �GROUND ZERO I've been arrested, and Last Monday I was sitting in my Federal Courts class. We were inthe middle of a fascinating discussion about the question of"ripeness" when we heard a commotion outside in the hall. Before we realized what was happening, the doors of our classroom were thrown open. We saw a column of students march past us. "No fees!" and "C'mon law students, join us!," they shouted. It was a good old-fashioned student protest, remarkable in this age of Young Republicanism. by Michael Gurwitz Layout Editor We've had a couple of good protests in this law school over the past few years: the blockading of Room 109 against the Jag Corps two years ago; the blockading of the CDO against the Jag Corps last year (forthose unfamiliar withthe Jag Corps, they are people with great big fangs, long hair all over their bodies, and big furry ears). The fee protest, however, was special. Hundreds of students marched through the school disrupting classes, recruiting members, chalking blackboards, and basically making a lot of noise. It was a pleasure to behold. Granted, it was annoying when the doors of our classroom kept flying open despite the valiant attempts of our professor and classmates to keep them shut. I personally alternated between smiling at the show of force, and frowning at the noisy interruptions (incredibly, I was actually interested in the ripeness discussion, and wanted it to continue). However, all things considered, the brief inconvenience created by the student protesters was more than outweighed by the positive energy of citizens engaging in non-violent political protest. Our country was founded on obnoxious displays ofcivil disobedience (CD) remember the Boston Tea Party? No doubt a number of Bostonians were upset at the temporary shortage of tea created by the action, and no doubt some frowned at the impropriety ofit all, but you must admit, itmade a hell of an impression on the British. The rest, as they say, is history. The protest had an immediate effect on our Federal Courts class. Several students left their seats and joined the march. Therestofusendedourripeness discussion (which had by then grown stale) and turned instead to the topics of user fees and student protests. Score one for the protesters: their concerns were now being shared and discussed by a heretofore preoccupied class oflaw students. Even if the demonstrators were not ultimately successful in forcing the withdrawal of user fees (as it appears they were not), they did succeed in forcing the topic into the minds and onto the lips of the members of the UE community. Askany political organizei what their goals are, and she or he wit undoubtedly tell you that it's to wake up their neighbors and inform them of the issues. Remember Tiannemen Square? Before the student uprising, people knew that there was repression in China, but hardly anyone was talking about it. It took a concerted effort by Chinese stu- — MAILBOX CONTINUED FROM PAGE 7 on social/legal/moral problems(or how to solvethem), I have always respected each of you because you deeply believed you were right and fought hard to change what you felt needed to be changed. But with this attempt at rallying hatred against the Federalists, an act that you know you won't be punished for, I lose all respect for you. Granted, I'm sure that you three will beable to still sleep tonight knowing my opinion of you now, but it is a sad commentary on you as individuals. I suggest that all three of you take a long hard look into a mirror; the image that you see staring back isn't as morally pure as you like to believe it is. Brian J. Lauri Federalist Society To The Opinion: I had heard rumors about a suit against the faculty and as a first year law student I was rather surprised and slightly amused. That was before I actually read the faculty statement and I am now deeply concerned. It seems a blatant disregard for views contrary to those expressed boasting of "open and unrestrained debate" yet in the same breath banning "all expressions . . ." that are "racist, sexist, homophobic and anti-lesbian, ageist and ethnically derogatory." No matter how you look at it, this is an infringement offree speech and equal protection to thosewho may have contrary ideologies. The public harm in allowing free expression of different ideologies is no more and much less than many other legal activities. We learn in our first year of criminal law that passively watching a child be brutally beaten to death is legal. The Ku Klux Klan is legal. Bigotry is legal. While I do not condone acts of violence, I believe an individual's freedom of speech and equal protection should not be limited unless there is some overwhelming evidence thatthese limits outweigh the benefits of the constitutionally protected cornerstones of freedom. If the Supreme Court of the United States wholeheartedly endorses these freedoms why doesn't UB faculty? There is a more compelling argument than its legality. Rather than solving any problem, the effect of the faculty statement simply replaces one sub groupto be discriminated against with another. Instead of discriminating against gays, it endorses discrimination against homophobes. Some people are afraidof gays. Now instead of having gays hide, who not make it a punishable offense for anyone to express fearof homosexuals. Centuries of Christendom have heldthat homosexuality is immoral in the eyes of God. Is it now a punishable offence to hold to a heart felt moral and religious code? What about any moral code at all? Is this fostering acceptance of all? Or is it now justifiedto discriminate against those with different moraland religious beliefs? I fail to see how discrimination against homophobes and moral codes is acceptable yet discrimination against gays is not. The most frightening part of this statement to me is the range of potential retaliations the institute is prepared to take in its crusade. Threats to ruin not only a student's future at UB Law School, but to actively work to make sure that a designated "student should not be admitted to practice law [anywhere]." This is the entire future of the student. There is no more powerful arsenal available against an dents — I can't get up! including a civil disobedience —to awaken the world community tothe massive human rights abuses in China. Even though the protest was ruthlessly crushed, and even though President Bush kowtowed before the Chinese government, the demonstrators succeeded in raising the consciousness of millions of people. This can only help further the cause of human rights activists in that sad country. The point of all this is that if you have a concern, get active! If you see an injustice, fight it! If a group you agree with plans to engage in non-violent civil disobedience as a political tactic, join them and break the law! Every law student should get arrested at least once in his or her life, and participating in a non-violent CD is the best way to do it. For one thing, the crime you commit will probably be trespassing, or creating a disturbance. These are usually only violations, sometimes misdemeanors, but in either case, nothing too serious. Getting arrested is a good way of understanding just how important one's jobas a lawyer is. There's nothing like being in handcuffs to make one stop and think, "God, I wish I had a lawyer withme now!" Getting arrested in a civil disobedience is educational, humbling, and, if you approach it with the right attitude, fun. Think of all the stories you can tell your grandchildren... A word about police brutality: it exists, and unfortunately, it seems to be on the rise. If you participate in a CD and find yourself confronted by angry police (especially if they have "misplaced"their badges), stay calm and do not resist. This may sound wimpy, but the police have the sticks, the guns, and the training, and they will overpower you. Of course, the police may decide to beat you even if you don't resist. A man I know, devoted to pacifism,recently had his collarbonebroken byaboutfive goons in blue at an anti-hunting protest, even though he did not struggle. Don't let the possibility of police brutality deter you from political activism, but do be aware of it. UB law students are often accused of being obsessed with causes. Onthe left we've got the National Lawyers Guild. On the right we've got the Federalists. Are these two groups obsessed with causes? Probably. I certainly hope so, and I hope they continue to demonstrate, stuff mailboxes, and generally make noise. The crying shame is that there are so many causes to be obsessed with. Torture victims don't want you to be merely concerned with their plight. They want you to obsessed with their pain — burning mad! They don't have time for us to engage in courteous discourse while they lie naked in a cold cell. They want you to take to the streets, to take the streets, and rescue them now! Radical problems call for radical solutions. The fee protesters knew this. They couldn't afford the financial burden of the new fees, and they had run out of time to negotiate the busses were off and running, and you had to pay up, or stay put. I'm glad they marched, and I'm glad they annoyed. Non-violent civil disobedience is the American way. — A Den of Intolerance by Tom Winward A few years back, some horrible things happened in the law school's mailroom, the effects of which are still felt today. The mailboxeswhich are meantto carry important messages within the law school community were used by hateful cowards to intimidate otherlaw students. One effect of this was the drafting of the faculty statement. The statement, because I am a strong proponent offree speech and a person who believes in the interests the statement sought to protect, poses serious ideological problems for me. Another noticeable effect has been a heightened awareness of oppression, real or imagined, which unfortunately sometimes borders on hys- teria. The most recent mailroom incident is the hanging of several signs on mailboxes by students refusing the delivery of certain publication. At first I found that the posting of the signs bothered me but I couldn't figure out exactly why. The signs represent the freedom ofexpression that the school needs to promote. On a practical level, it seemed no differentthan having one's name removed from a bothersome mailing list. Whether the authors think so or not the signs are at least on one level intolerant and stereotypical. Let me caution you once again that I don't see them as being on par with threatening letters or dolls suggesting violence, but nonetheless the intolerance is evident. The signs read "Please no racist, sexist, homophobic federalist trash." This is a legitimate request but I thinkthere are better ways to post such a request. There is no problem with refusing the Federalist Papers nor istherea problem with refusing "racist, sexist, homophobic trash." However, I think that the two can be and often are mutually exclusive. In a society that brought us the moneygrubbing, self-involved Jew, the lazy, drunken Irishman, the AIDS-infected, child-molesting homosexual and the mentally inferior, welfare-collecting African-American, we don't need to create the racist, sexist, homophobic federalist. What we doneed is to recognize the dangers of stereotypes wherever, however and to whomever they occur. aspiring attorney. It is frightening that the institute would even contemplate much less threaten its use. I cannot believe there is no otherway to address these issues and concerns. If the two students involved have attempted in vain to persuade the faculty then I support them wholeheartedly in their suit. I have little faith in the "commitment to the requirements of due process" whenthe position isclearly stated that free speech will be tolerated only as long as it follows the company line. The stakes are too high. David Jones Ist year, Section 2 Tuesday, October 9,1990 • The Opinion 7 �Angela Gott Remembers -The Saga Continues... Disabled students in those days had been used to begging and groveling for help. They had not been socialized to think they had rights. They had always been given "charity" and handouts. This blind student was quite proud and had made many demands, yet he was denied almost everything he requested. He did not know there was actually a law passed to enforce his rights. I tried to raise his consciousness, but he was so burned out and frustrated that in the end, he quit and went to a sheltered workshop in Rochesterto make vacuum cleaner hoses for $12.00 an hour. I felt that if the system refused to accommodate a blind student'srequests, then I was certainly going to have a challenge in trying to get accommodations for a handicapping condition I had only recently discovered existed and only suspected that I had. Thus I began to get myself tested and evaluated for This is the second ofa two-partseries In January 1977 I heard some third year law students on the Blue Bird discussing their juvenile delinquent clients that they had picked up in the Clinic Program at Buffalo City Court. It was then that I first learned about a handicapping condition called "Specific Learning Disabilities". These students, in describing the learning and behavior problems of their clients, were describing problems I had kept secret all my life, believing I was the only person in the world who had such difficulties. I joined their conversation, asking all sorts of questions, and afterward went straight to Lockwood Library and ran computer searches to find out all I could about this "Specific Learning Disabilities" handicap. I was simply amazed at the books and periodicals that existed on this subject, and found it even more amazing that I, a n English Teacher certified to teach grades 7-12, in all my education, methods and materials courses, had never been informed about this entire body of knowledge! If the regular classroom teacher does not know ofthe existence ofthis disability or the characteristics of it, how then can the regular classroom teacher spot this condition in students? What if I had not been on the Blue Bird that January day in 1977? What if those students had discussed hockey instead? How long would it have taken me to ever discover there was actually a name to cover all the things I have never been able to do? Not only didthesethird year law students discuss "Specific Learning Disabilities", but they put me on notice about the new civil rights laws that existed to help people in schools receive accommodations and protections for this handicap! Immediately I thought of the blind student —I thought he needed immediate protections because he was "SpecificLearning Disabilities". The experience at that timehad been limited to discovering this disability in young children before the children learned how to fail. There was almost nothing on this disability being diagnosed in "adults," much less an adult whohad four college degrees and was in law school! Even I was a little skeptical. On one hand, I knew I had problems in spelling, math, penmanship, notetaking, attention span, physical coordination and hyperactivity. But I had always found ways to survive and to learn despite my difficulties. Now, in law school, the students generally ignored me or remained aloof. I felt it was due to the stigma that I had, being placed in Section 4 Legal Methods. I couldn't find anyone willing to lend me their notes or discuss cases with me orlet me jointheir study groups. It was this inability to find a means to survive and to learn, despite my learning problems, thatwas having a negative effect on my ability to learn law person like me, why shouldn't I try to get help and protections? Thus began a struggle that lasted for 13 years (1977-1990). I managed to complete 2 full years and a summer before I was made to sit out indefinitely. Those 2 full years and a summer actually spanned 3 and a half years. I was made to postpone a full year between my first and second years oflaw school. In that year, I completed my sth degreea B.A. in Human Services-Mental Health Advocacy here at SUNYAB. I was last enrolled in law school in the summer of 1979. I had no idea in January 1977 that asking for recognition and protections and accommodations under Section 504 of the Rehabilitation Act of 1973 was going toresult in having no choice but to file a lawsuit to receive the help I so desperately needed. I had no idea that my legal career was going to be arrested for eleven and half years either. I figured that if I could somehow manage to get help and protections, and accommodations, then surely everyone worse off than myself would be fully protected. I just didn't want to see anymore blind students be condemned to making vacuum cleaner hoses in sheltered workshops the rest of their lives, or sell soda pop and candy in Federal and State office buildings. (That's where the next blind studentwho tried to learn lawended up and still is there to this day!). My efforts to secure protections under Section 504 took me toWashington, DC several times to attend the President's Committee toEmploy the Handicapped (PCEH) Annual Meeting. There I got to meet a lot of learning disabled adults, including several learning disabled law students and lawyers. Knowing that I wasn't the only one having difficulties gaining accesstothis vast network gave me encouragement and staminatokeep fighting for just treatment. quagmire, I have managed to travel to 47 of our 50 states and to 38 countries. I have learned many things out in the real world that is impossible to learn in an academic setting. I am not really bitter about the long wait because I got to speak at National ACLD meetings and to meet a lot of great learning disabled adults across the country that I never would have met if those thirdyear law students had decided to discuss hockey that fateful day in January 1977. I am glad to be back at SUNYAB and its Law School, back in Buffalo, NY. I really miss my adopted state of California and the great parks, wilderness and ocean, but New York, particularly Western New York, has always had great scenery and plenty to do. Ninety-eight percent of all the faculty and staff here at the law school have given mea very sincere and supportive welcome upon my return. I really like all the law students I have met this first month of classes. You allremind me of students ofthe '60s very socially conscious and open to differences in people, and accepting of someone with special needs. I know the atmosphere and educational environment in Fall 1990 is 100% differentfrom the atmosphere I encountered fourteen years ago as a first year law student. You first year law students of 1990 are very lucky, very lucky indeed. In fact, I almost believe that had I entered law school in Fall of 1990 and requested notes from fellow students, I would not have encountered any hostility or rejection or attitudinal barriers and might never have been forced to realize that I actu- — ally have a disability, called "Specific Learning Disabilities". That's how very different it is here in this law school in 1990. I believe it is truly a miracle, but you would it's one of those things have to have been there in 1976 and been made to go through all the bad treatment to be able to appreciate fully — BAR/BRI GIVES YOU You can now register for BAR/BRl's Hew York, New Jersey, Connecticut, Maine, Massachusetts, New Hamp- W shire, Rhode Island, or Vermont Bar Review course with a registration ice of $50 or $100. You choose the jmount. To figure out your discount off the 1991 full tuition, multiply your Jown payment by two. Thus, if you put down $50, you save $100; If you put down $100, you save $200. The V V A ■ V fl H fl M ■ ■ ■■ ■ ■ ■ fl ■ A ■ ■ fl fl fl _H V choice is yours, but whichever choice -fl you make, H B ■ V V |S<« your Ul/11l '<p>iunl.uvi loi dcU)li.| M—m mM-J A M fl Remember: the last day for 2 for 1 registration is jb an m a \l JJHkVJIHLv. JBk ** J—«V / jWif f/\** W/f *Jll\ 4 8 Tuesday October 9,1990 M • The Opinion W I W ■ The Nation's Largest and Most Personalized Bar Review. 415 cn,h Suiu •*< Mcw *>•*» New York 10001 *»«""«' s»*-3»»4 (516)349-1030. (914) 684-OSO7 • (801) 683-3363 • FAXi (919) 643-9460 <m> *«* ' (617)695-93*6 «o'■* «•». Suiu »3l '"°*«on ' M"» «•«* • (*"> 69» 9955 • (803) 784-3910 • FAX: �Glimpses of the Soviet Legal System In May of 1988, upon the invitation of the American Bar Association and the Association of Soviet Lawyers, UB Law School's own Professor Margorie Girth led a delegation of forty American female attorneys tothe USSRfor 22 days. The expedition was a successful attempt at the exchange of legal ideas between America and the Soviet Union. One of the first groups to embark on such an expedition, it also was one of the earliest to stay as long as it did. The group of attorneys journeyed for eight days in Moscow, five days in Kiev, and one week in Baku. by Maria German? Editor-in-Chief On September 25th, the International Law Society presented Professir Girth on her impressions or "Glimpses ofthe Soviet Legal System" gleaned from the three-week trip. Prof. Girth discussed what she unearthed about the Soviet legal system, as wellas her experiences as part of a delegation of one hundred percent female attorneys and the Soviet reaction to such a delegation. The differences between the Soviet and American legal systems are quite remarkable. While the goal of a trial in both legal systems is the search for truth, the methods of itsattainment differ done, procurators are sure they have the right person. If the judge has a problem with how a dossieris prepared, he will send it back. Professor Girth notedthe "tone of consciousness" which permeates the preparation of dossiers; and are poorly paid—which might acprocurator a would be highly embarof fecount for the higher percentage if judges rassed sent back alot of dossiWhen Girth male attorneys. Professor Not surprisingly,the ers. conviction rate further, this issue she was told pressed 98-99%. in the Soviet Union is pretend to They by a Soviet attorney, District Courts in the Soviet Union are pay us, and we pretend to work." In reference to the search fortruth, Profesthe counterpart to our State Supreme sor Girth notedthat the Soviets "couldn't Courts, but cover lessgeography. These understand our notion thatthe quality of District Courts handleboth civil and criminal matters. Each judge works in conadvocacy can play such a role." one repUnion, attorney junction with two lay assessors who the Soviet In through the District Courts. in multipleall defendants a rotate resents defendant trial. There are no distinc- Conceivably, two lay assessors could tions among defendants—the law treats outvote a judge. There have been inall defendants in a multiple-defendant stances ofsplit votes, but no Soviet reccase as equals. The concept of sever- ollection of any instance where a judge ance does not exist, and all the defen- was outvoted by his two assessors. Compared to theirAmerican counterdants are seated together in what would be the equivalent ofour jurybox. Armed part, Soviet judges have a much lower police strategically stand in front of the status in their system even though they defendants, but outside of the "defen- are the predominant actors in a courtdants' box" at a distance of every two room. A Soviet trial is basically an accounting process to make sure the seats. One of the most prestigious legal podossier prepared by the procurator is sitions in the Soviet Union is that of the correct. The judges doall the questionprocurator. Procurators supervise the ing and are not to use any initiative in broad administration ofthe judicial sys- their judgement. There is not alot of tem. Procurators prepare dossiers on room for development, and no concept the defendants. By the timea dossier is of legal precedent exists. There are no rules of evidence, and anyone who has enormously. In the Soviet Union, the chief functioning institution is the legislature. A Soviet attorney is more of a beaurocrat than a professional. Lawyers do very little ina Soviet courtroom, Prisoners' Rights Cast in Doubt by Lenny Cooper United States today, prisoners' concern. Last Thursday. Doris Carbonall-Medira rights is an issue of growing of Prisoners' Legal Services spoke out on this subject at a brown bag luncheon jointly sponsored by the Prisoners' Task Force, BPILP, and the National Lawyers Guild. Ms. Carbonall-Medira. a 1987 UB Law graduate, has spent the last three years addressing concerns of prisoners which broadly range from the enforcement of their due process rights to the treatment which they receive while incarcerated. ThePrisoners' Legal Service, which has offices in Buffalo, Ithaca, Watertown, Poughkeepsie, Pittsburgh, and New York City, is a non-profit organization funded by New York State. It was created in the early 1970's in response to the Attica riots. Ms. Carbonall-Medira stated that "[Prisoners' Legal Services] is the only nonprofit organization which services this sector ofsociety." Ms. Carbonall-Medira points out that the organization is severely underfunded. Her office consists of only two full time attorneys, two parttime attorneys, and four paralegals. The organization handles civil matters which involve inmates. A major part of Ms. Carbonall-Medira's work is dealing with the repercussions of prison disturbances. When a prisoner violates the rules of the prison where he is incarcerated, he receives a "misbehavior report" which cites his violation. Multiple misbehavior reports can lead to time in prison, and therefore greater exposure to brutality, according to Ms. Carbonall-Medira. She went on to allege that the officers took twenty-five minutes to subdue the inmates by beating them unconsciousness. An investigation of this situation resulted in the dismissal of two officers, including one who was responsible for videotaping the confrontation but who was allegedly "forced" to stop filming as the violence escalated. Ms. CarbonallMedira stated that the videotape produced cast doubts on the veracity of the With the poor state of many prisons in the officer's claim. Violence between prisoners and guards is a continuing problem. "I feel you are going to have a lot more," stated Ms. Carbonall-Medira, "The bottom line is that they are convicted. That's it. Very few people care about them." Ms. Carbonall-Medira feels that this situation results in a very narrow due process definition for inmates. Investigative hearings offer scant hope for prisoners. "Ultimately, it is the word of the inmate against the guard and inmates do not have much credibility in the system." One of the problems which a lawyer faces in working with prisoners is that of establishing a rapport with the client. Ms. Carbonall-Medira stated that prisoners have a very limited view of the world: "They are paranoid and suspicious of lawyers." This can transform a period of non-communication between lawyer and client to become a confirmation of fears that the lawyer is plotting withthe wardentoconspire against the prisoner. Ms. Carbonalt-Medira felt that this problem was partially alleviated for her in dealing with black and hispanic prisoners: "As a lawyer of color I can get around the barriers. Yet despite my ability to get along, there are communication problems." Thefinal message which Ms. Carbonall-Medira imparted to heraudience was one of guarded hope: "This is an issue which is ripe in our society. But the only way we can get change is if someone says: 'This is not right.'" Students interested in learning more about this issue can contact the Prison Task Force program which is run by UB law students. There is a Task Force sign-up sheet in the law school mailroom. anything to contribute is welcome to stop by and do so. The court can be- contested elections, but judges resisted: election campaigns and the accompanying baby-kissing and hand-shaking they demand are alien and somewhat awkward customs the judges were sure to find extremely uncomfortable. In responseto Gorbachov's demands, one round of elections was held. The Soviet "consensus" was that the contested elections were not really working out. MARJORIE GIRTH Today, Soviet judges are appointed to their positions. A major difference between the Soviet andAmerican legal systems isthe Soviet inexistence of any kind ofproceeding for comea free-for-all—something perfectly acceptable to the judge. It is all just a part of the way of getting closer to the truth. Differences between the two legal sy sems are attitudinal as well as procedural. Professor Girth's description of trials shewitnessed was of procedures juvenile defendants. Professor Girth — possessing deep moral overtones "almost religious." "It is verydifferent in tone to what we're used to seeing." Defendants are viewed as a great disservice to "the cause." A photograph of a bribery trial of six former officials from the Republic of Uzbekistan who served during the tenure of Leonid I. Brezhnev, was distributed by Professor Girth. First published in the September 7,1988 issue of The New York Times, the photograph accurately depicts this religious/moral tone of which Professor Girth spoke. Soviet citizens are truly humiliated as much as they are sanctioned; defendants hanging theirheads down at trial may well be depicting the level of humiliation they experience. Soviet judges not only play their judicial roles, but also realize and actively participate in the educational process of Soviet citizens. Professor Girth told a story of a trial she witnessed for a minor fender-bender; the presiding judge lectured the parties for thirty minutes, telling them that their kind of sloppiness would not be tolerated in the kind of society Soviets sought to attain. Such a scenario further depicts the moral overtone and intensity of the commitment to creating a perfect society. Professor Girth attributes this "religious" atmosphere to the influence of the Communist Party—particularly in the areas of judicial selection and legislative developments. In 1988, the Politburo wasthe organization which setthetone: Communism was a goal they were still reaching, and the Communist Party had the leadership role of moving Soviet society towards it. It was clear thatthe party had a duty towards the attainment ofthis goal and the party had to play its part. Up until 1988, all judges were elected, and none were contested. noted "genuine mystification" when the American delegation inquired about juvenile justice. In the Soviet Union, if thebehavior is criminal, the defendant is tried as an adult in court—regardless of the defendant's age. Any other legal matter involving children does not even gotocourt. There is virtually no intermediate category for youngsters. Instead, Soviet citizens form"Comrades Courts." Comrades Courts are actually committees formed from the relative community and discuss the appropriate way to modify behavior and supervise redress of a delinquent person. Professor Girth noted the ease in which Soviet custom permits one neighbor to confront another about his disruptivechild. "People in neighborhoods feel quite free about going up to others and saying 'You have to bring your child under control!'" As recently as a few years ago, the informational exchange of legal systems was not only controversial, but unthinkable. The Association of Soviet Lawyers is not a counterpart to the American Bar Association. Likeeverythingelse.it is a state-sponsored group. Professor Girth's was the first all-female delegation to embark on such an expedition. This was quite unusual for the Soviets, to say the least. The hosts were eager to meet their American counterpartsand overall received the American delegation very hospitably, despite initial disbelief that it was comprised solely of female attorneys. Professor Girth noted that the Soviets were very worried that the American delegationwould return to America with a negative impression. "There was alot of 'getting to know you.'" The journey to the USSR, and the exchange of ideas between the two countries was a notable success. Since May 1988, visits have become more routine for the Soviets. Nominees were chosen by the Communist Party. Mikhail Gorbachov wanted Tuesday} October 9, .1990/?rTheOpinion, 9 �PUT THE KNOWLEDGE OF LAW IN ORDER J U U l U Uiv /> \ * i — — ■ 0 f\ 0 f\ 1111 l f)'i\ |I < it) iniimiiinm \$ p. f\ |i»^r« : | inniiiiiiii<n. Study with Pieper...and pass. - Pieper New York Multistate Bar Review, Ltd. 90 Willis Aye., Mineola, New York 11501 (516) 747-4311 ( _. A^orUjftri.J O ' — 1 I y / , Vr«.t»mf+»tlie\ I wonderful (Si** VI ®mo parxiL. i*rnnvDn/ �The Docket EVENT: DATE/TIME: PLACE: LOWDOWN: Lecture by Dr. Naseer 7:30 pm Tuesday, 10/9, Room 106, O'Brian Hall A critical look at the Gulf Crisis, sponsored by the NLG and the Graduate Group on Human Rights. Hibernian Hash Friday, 10/19, Checker's Bar EVENT: DATE/TIME: PLACE: DATE/TIME: PLACE: EVENT: DATE/TIME: PLACE: LOWDOWN: - 10 pm AWLS General Meeting Monday, 10/22, 3:30 pm Ist Floor Lounge, O'Brian Hall EVENT: Censorship in the Arts? 5 pm Wednesday, 10/10, 6pm WBFO (88.7 FM) AUTUMN LAW SERIES Room 106, O'Brian Hall discussion and documentary by Artpark protesters featuring Tony Conrad, Barbara Lattanzi, A panel Wednesdays at 9:25 am and Elizabeth Licata. "Issues in the Confirmation of Supreme Court Nominee 10/3 David Souter", with George Kannar. EVENT: "Saddam Hussein and the Bomb: Nuclear Proliferation in Third Worlc 10/10 "Fetal Protection Policies in the Workplace: Johnson Controls", with Lucinda Finley. DATE/TIME: Wednesday, 10/10, 7 pm 280 Park Hall, Amherst Campus A discussion by Professor Claude Welch of the Political Science Department, sponsored by the Nuclear War Prevention Studies Graduate Group. Countries." PLACE: LOWDOWN: Guide' to the Great Lakes Watershed: "A Health Effects of Toxic Contamination", with Barry Boyer. 10/17 "The Social Effects of Population Control: The 10/24 Choice Between Overcrowding and a Generation of Spoiled Brats", with Isabel Marcus. r EVENT: DATE/TIME: PLACE: LOWDOWN: JAG Corps Press Conference and Rall^ Thursday, 10/11, 9 am In front of the Sears law library Students who disagree with allowing JAG recruiters to use CDO money and facilities, because of JAG's discriminatory policies, will be voicing their discontent. EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: DATE/TIME: PLACE: LOWDOWN: EVENT: Treasurer's Meeting Thursday, 10/11, 6 pm Room 109, O'Brian Hall Mandatory meeting for treasurers of all law school organizations. National Coming Out Day Thursday, 10/11, All Day' All over! A chance to raise awareness of gay and lesbian issues on campus and across the globe. "The Federal Judiciary After 200 Years: Have the Courts Become Too Powerful?" 1 pm Saturday, 10/13, 10:30 am Canisius College Student Center A forum on judicial activism since the establishment of the Constitution. - "The Balancing Act: How Women Lawyers Balance Professional and Personal Life." DATE/TIME: PLACE: LOWDOWN: "Babies With Guns: The Drug Wars in American 10/31 Cities", with Muhammed Kenyatta. 11/7 "Employee Ownership of Businesses", with Peter Pitegoff. with Ken Joyce. 11/14 "Right to Die", 11/21 "Are Corporate Takeovers Over?", with John Schlegel To: First Year Law Students First year law students are needed to volunteer as clerks for 4th Annual Charles S. Desmond Memorial Moot Court Comthe petition. The competition will be held on October 23,24 and 25. There are tworounds each night. The first begins at 6:30 p.m. and the second at 8:30 p.m. Clerking provides firstyears with a good opportunity to see what the competition involves. Each clerk is assigned to a room on the night of the competition. The clerk is responsible for greeting the judges when they enter the room. timing each of the four competitors' oral arguments and adding up the scores of the competitors to determine the winning team. The time involved is minimal. You can volunteer for one round of one night or all three nights. We will hold a brief meeting to explain the exact procedures to followwhile clerking. If you are interested please leave your name and number in Box #596. If you have any questions, please contact Maurine Berens or Pierre St. Hillaire. P.S. For those planning on competing next year, clerking is an invaluable experience. 3 pm Monday, 10/15, Ist Floor Lounge, O'Brian Hall AWLS & Women's Bar Assoc.Presentation. PHI DELTA PHI NOTICE The International Law Fraternity Phi Delta Phi has completed plans for this semester's events. Phi Delta Phi is a legal society dedicated to promote a higher standard of legal ethics. It is the oldest professional fraternity in North America, being nine years older than the ABA, and is also the largest legal fraternity in the world. Daniel's Inn, the Buffalo chapter of the fraternity, was just recently reactivated and hopes to continue its growth and importance in the law school. This semester, Phi Delta Phi plans on presenting a video lecture series on legal ethics to those students preparing to take the MPRE's, and also to hold a presentation for the first year students on preparation for final exams and how to make outlines. On the lighter side, Daniel's Inn plans on holding a team relay race on October 19th, with different organizations and teams vying for top law school honors. Phi Delta Phi will be initiating new members this fall, and strongly encourage all students to stop by their information table that will be set up soon. Despite many misperceptions, Phi Delta Phi follows the Buffalo Model in admitting new members, and considers many other factors besides grades when selecting new members. The society is open to all students, and everyone is strongly encouraged to apply. If you have any questions, please feel free to leave a note in Box #852. SBA COMMITTEE NOTICE Due to the lack of students willing to interview for committees, the SBA is actively seeking students to participate on the following committees: *1 Anti-discrimination *2 Committee on Special Needs 3 AcademicStandards 4 Academic Policy 5 Library Committee 6 Mitchell Lecture Committee (* means letterof intentrequired) 7 Student Representatives to Faculty Meetings 8 Buildings and Computers 9 Social Representatives 10 CommencementCommittee n Maintenance and Public Order 12 Board Member for Campus Childcare If you are interested, please sign up for an interview. Committee descriptions and sign up sheets will be posted onthe SBA door October 9th. Letters of intent are due October 12 in box #692. Actual interviews will take place Tuesday through Thursday, October 16 -18 at 6 pm, in 101 O'Brian Hall. Notice of interview times will be posted Monday, October 15 on the SBA door and outside inthe glass case. If you have any questions about committee histories or duties, please see any of the executives or directors, orleave a note in box #692 (Taunya Hannibal). If you have already submitted a letter or have been interviewed, it is suggested that you repeat the process, since new interviewers will be present and may not have had the chance to speak with you personally. If you choose dolto re-interview, a summary ofyour previous interview will be given. Tuesday, October 9,1990 • The Opinion 11 �I WE'RE NOT THE BEST I BECAUSE WE'RE IDE WE'RE THE BIGGEST BECAUSE WE'RE THE BAR REVIEW ® 1990 BAR/BRI � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 5 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c98e444c631662f83bb4f25cc8316a49.pdf 75861ecdbad925e06285760abcca2e74 PDF Text Text THE OPINION Volume31, No. 6 October 23,1990 STATE UNIVERSITY OF NEW YORK AT BUFFALO SCHOOL OF LAW Coming Out Day Marred by Attack By Maria L. Germani Editor-in-Chief On Thursday October 11th-National Coming Out Day, vials of sulfur were hurled at a table set up by the Gay Law Student Organization across from the law library. One vial hit a passing student. The perpetrator(s) have yet to be apprehended. The incident wasa failed attempt to disruptthe group's activities. National Coming Out Day celebrates the anniversary of the 1987 March on Washington forLesbian and Gayrights. More importantly, it is the recognition and celebration of the sexual identity of the significant and often discriminated lesbian and gay population. It is celebrated to combat the exact kind of sul- fur-filled vial-throwing kind of behavior which occurred onthis campus October 11th. But this blatant act of aggression was not the only disturbing occurrence that day for the gay community. What could be more insulting than to have the only employers with express discriminatory hiring policies against gay and lesbians recruiting on campus the same day? Once a quiet minority, gays and lesbians have tapped theircollective strength and found their voices, taking strong stands against explicit and covert policies isolating and discriminating them based on their sexual preferences. One example of this strength is manifested through theLambda Legal Defense and Education Fund, Inc. Lambda is the country's foremost lesbian and gayrights Terri Mayo, President of Lesbian and Gay Law Students legal group founded in 1973 to defend and extend the rights of lesbians and gay men through test-case litigation and public education. In their own display of strength and determination, SUNY at Buffalo law students have filed a complaint to the New York State Division ofHuman Rights against the University. The complaint alleges the University's violation of Executive Order 28.1 (B1) which states: Gretchen Stork, Kathleen Welch and Terri Mayo "No State agency or department shall discriminate on the basis of sexual orientation against any individual in the provision of any services or benefits by such State agency or department." The complaint further alleges, "As gay and lesbian students, we have been discriminated against by the University at Buffalo as the Law School CDO has provided State employment agency services toan employer who, as aknown and stated policy, denies us any employment opportunities." The lawsuit is the culmination of unsuccessful attempts by law students in the past two years, to end the JAG Corps' access to the Career Development Office. The complaint was released at a press conference held by law students on National Coming Out Day. Judge Arcara Hits Project Rescue with TRO by Natalie A. Lesh On September 27,1990, Federal District Court Judge Richard J. Arcara issued a Temporary Restraining Order against Project Rescue ofWestern New York, the local chapterof the nationwide pro-life Operation Rescue group. The Order was theresult ofan action brought against Project Rescue by the ProChoice Network of Western New York and five local health-care providers. According to UB Law Professor Lucinda Finley, one of the attorneys forthe plaintiff, the purpose ofthe lawsuit is to "protect and vindicate the constitutional rights of people seeking health care services," not only the rights of women seeking abortions. Finley views the temporary injunction as a balancing between Project Rescue participants' rights to picket and express their views on abortion, and the rights of people seeking access to health-care services, since many abortions are performed in facilities which house other health-care providers as well. The Temporary Restraining Order, which remains in effect until Judge Arcararules on the motion for a permanent injunction, provides that Project Rescue, its officers,agents, representatives, and persons acting in its behalf, are enjoined and restrained from: 1. trespassing on, sitting on, block- ing, impeding or obstructing access to, ingress into or egress from any facility at which abortions are performed in the Western District of New York; 2. demonstrating within fifteen feet of any person seeking access to or leaving such facilities, except for sidewalkcounseling, which may consist ofa conversation of a nonthreatening nature by not more than two people with each person they are seeking to counsel (it is also provided that no one is required to accept or listen to sidewalk counseling and that if any person who is sought to be counseled does not want such counseling, wants to leave, orwalks away, that they have the right to do that, and in such event the persons seeking to counsel the person shall cease and desist from such counseling of that person); 3. physically abusing or tortiously harassing persons entering or leaving, working at or using any services at any such facility; 4. making any excessively loud sound which disturbs, injures, or endangers thehealth or safety ofany patient or employee of any such facility, or which interferes with the rights of anyone not in violation of the Order; and, 5. attempting, inducing, encouraging, directing, aiding, or abetting in any manner, others to take the actions described above. The order also specifically states that nothing in it "shall be construed to limit Project Rescue participants'exercise of theirlegitimate First Amendment rights, "and that Project Rescue must make a "good faith effort" to instruct those that they believe to be planning to participate in any ofthe enjoined activities against doing so. Finally, any Project Rescue participant who fails to comply with the Order is subject to civil damages of $10,000 per day for the first violation, and double the previous fine for each successive violation. In response to Judge Arcara's issuance ofthe Order, Project Rescue, and specifically the pastors of the Western New York Pro-Life Clergy Council, have argued thattheir First Amendment rights have been violated. They contend that the Order prohibits them from quoting various passages from the Bible which may be viewed as encouraging some of the enjoined activities, which in effect censors what they can preach from the pulpit. Arcara made a statement last week regarding this charge, in which he emphasized the part of the Orderwhich explicitly provides that Project Rescue's exercise of its legitimate First Amendment rights have not been limited, and that the Order should not be interpreted as doing so. Finley, too, claims that this accusation is "absolutely, totally false." She also points out that a similar injunction issued in the Southern District of New York was recently affirmed by the Court ofAppeals forthe Second Circuit, and that permanent injunctions against Operation Rescue are in effect in both the Northern and Eastern Districts of New York. Therefore, this Order, would merely extend to the Western District, which includes seventeen counties, the protection already afforded most of New York State. Attorneys for Project Rescue have submitted a motion to dismiss, on the grounds that a case involving the same Plaintiff and Defendant is pending in state court, and that the federal court should therefore defer to the state court and abstain from exercising its jurisdiction. Oral argument on the motion is scheduled for Friday, October 19 at 2 p.m. Itis possible that Judge Arcara will also rule on the motion for the permanent injunction at this time. HIGHLIGHTS Affirmative Action Attacked Linda Yalem Scholarship Fund pg. 5 pg. 6 Listen Up, Party pg. 10 Pe0p1e!...,. Souter Quips.... ——————^__—__ Pg-10 . Tuesday, October 23,1990 • The Opinion 1 �Finley and Oliphant Square Off on FPPs . by Andrea Sammarco News Editor The validity of fetal protection policies in the workplace was the subject being discussed last Thursday,in a debate sponsored by the Federalist Society Professor Lucinda Finley and Lincoln Oliphant, the Legislative Council for the Republican Study Committee, were invited to expound on the topic, specifically as it is addressed in the pending Supreme Court case, U.A.W. v. Johnson Controls. The debate was prefaced by an introduction from Professor Wade Newhouse, and approximately 60 people turned out for the event. In the controversial case U.A.W. v. Johnson Controls, a battery manufacturer is called upon to defend its policy of barring all women in their childbearing years from certain jobs in its factories. Johnson Controls claims that in doing so it is attempting to protect the fetus of a pregnant womanfrom being exposed tothe high lead levels that go along with certain manufacturing positions, and that it has reasonable justification for doing so. However, the U.A.W. asserts that the policy is overly broad, and discriminates against women in violation ofthe fourteenth amendment, as well as Title VII of the Civil Rights Act of 1964. The case was decided in favor of Johnson Controls, on summary judgment in the lower court, and the record contained many materially disputed facts. Oral arguments before the Supreme Court took place on October 10. The first speakerwas Lincoln Oliphant, a John M. Olin Lecturer of Law, who began with an explanation of the history ofthe federal courts' decisions involving the legitimacy of job requirements. Oliphant explained that such requirements generally have been found to be valid under either a theory of "business necessity" or of "bonafide occupational qualification." He posited that although the "business necessity" defense would probably require too much legal ingenuity and be difficult to demonstrate, Johnson Controls could show that the policy represented a "bonafideoccupational qualification." "This level of lead presents a potentially dangerous physiological harm to children...and the interests of good health of that third party can't be weighed, even by its mother." He said that Johnson Controls had a "long standing concern for the health and welfare of workers and their families." Oliphant argued that although the blood lead concentrations associated with these jobs fall within acceptable OSHA limits for adults (50 micrograms per decilitre of blood), they exceed the recommended 30 microgram limit for children, thus providing Johnson Controls with the rationale to defend its policy. "If we don't provide some defense," he concluded, "then no fetal protection policy will ever stand, no matter how important the concern is." Professor Finley has filed an amicus curiae brief in the case and has authored numerous speeches and writings on the subject. She began her response by examining the broad social perspective of fetal protection policies, claiming that they have usually been adopted in male dominated joblines as barriers to entry for women. She argued that the many risks that exist in the workplace could conceivably be used to foreclose countless jobs to women. If only the currently disputed policy were upheld, it could mean the foreclosure of an estimated 20 - 25 million jobs. Finley claimed that the real motivation behind Johnson Controls fetal protection policy wasa "fear of tortliability" in the event of a child damaged bythe abnormally high lead levels. Even so, she argued, the facts demonstrate that eight healthy children were born to women involved in that line of production. As to Johnson Controls concern for its employees, she rebutted with the fact that they are currently under investigation by the EPA for toxic dumping in residential areas. They also failed to recognize the recent EPA study showing that the lead limits set by OSHA are too high, and that the exposure limit for all adults should be set at 10 micrograms. This is especially true for men, who are at a greaterrisk of heart disease from exposure. There was scattered applause during the debate when Finley referred to Johnson's position as an "excluding women policy". Oliphant's introductory statement andrebuttal were punctuated by Professor Finley's comments on the applicability of a statistic he quoted her as using, and the accuracy of an assumption Oliphant made on a woman's ability to determine whether or not she is pregnant. Prof. Lucinda Finley (left), and Lincoln Oliphant (far right) moderated by Prof. Wade Newhouse (center). BAR/BRI GIVES YOU B V V Unci! W A* M V m mMmJmM f0 , amount. To figure out your discount put down $ 50/ you save $100; If you put down $100, you save $200. The choice is yours, but whichever choice you make, act now. The Nation's Largest and Most Personalized Bar Review. . . 415 Seventh Avenue, Suit. 62, N«w York, Nrw York 10001 (812) 594-3696 (516) 542-1030 • (914) 684-0807 (201) 623-3343 FAX- (SIS) 643-9460 20 Park Pl«a, Suite 931, Boston, Mtss. Mll6 • (617) . 695-9955 • 2 Tuesday October 23,1990 * The Opinion (203) 784-3910 •FAX: (617) 695-93 !««>«»■**/•« -w««u«« . Remember: the laSt day D ' M Or 2 Or 1 registration IS W X X You can now register for BAR/8R1 5 New York, New Jersey, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, or Vermont Bar V Jβ W V W B M Aj W IF _ AP^^MK^M^. 1 Ml • * -=-U~\-U\_W IJ_J\J\_X%J *J•W �AIDS Danger to Dentists Questioned must learn to face this challenge. by Chet Gary Dentists stand in the front lines of The dental profession, in cooperation with state health departments, should close the gaps left by law in improving access to dental care and shift the cost of occupationally related AIDS infection from the dentist to the government. The private dental community must competently confront duty to treat issues before we find ourselves underthe restriction of governmental mandate. Camus, in The Plague, described the futility of hiding from an imminent danger: . ... during the Marseille plague theßishop, having done all that it behooved him, shut himself up in his palace, behind high walls, after laying in a stock of food and drink. With a sudden revulsion of feeling, such as often comes in times of extreme tribulation, the inhabitants of Marseille now turned against him, piled up corpses around his house in order to infect it and flung bodies over the walls to insure his death. Thus in a moment of weakness, the Bishop had proposed to isolate himself from the outside world—and, lo and behold, corpses rained down on his head! This had a lesson for us all; we must convince ourselves that there is no island of escape in time of plague. The Center for Disease Control paints a grimprognosis for the AIDS epidemic. The CDC, in 1988, estimated that up to 200,000 individuals have AIDS Related Complex (mild symptoms of AIDS) and HIV now may infect an estimated one and a half million persons. AIDS will present a challenge to dentistry for the indefinite future. Dental professionals diagnosis, referral, management, and counseling of the AIDS patient, as well as in prevention for high risk patients. Although HIV does not directlyresult in a disease process which affects the oral mucous membrane or perioral area, opportunistic infections, such as candidiasis (fungal infection) and herpes simplex (cold sores), and neoplastic processes, such as Kaposi's sarcoma (tumor), affecting the oral cavity may signal the initial signs of underlying HIV infection. In fact, thirty-three percent of patients evidence oral lesions as the primary or initial manifestation of infection. Also, children may first manifest HIV related disease symptoms in the oral cavity. The frequent complications of oral infections which lead to general discomfort and systemic opportunistic disease make access to dental care critical for individuals with AIDS. As the number of AIDS cases increases, ail dentists must prepare to provide for the stabilization and well-being of these patients. Occupationally acquired HIV infection among dental professionals has occurred rarely. In the last six years, the number of persons with AIDS has increased about 4000%, while the percentage of health care workers, including dentists, contracting the illness in relation to other workers has not increased. As of November 5,1989, the ADA Councilof Research reported only three dentists have tested positive for HIV, out of 4973 anonymously tested. One of these three belonged to a high risk group. This translates to a risk of about 0.04 percent for dentists to contract the disease from the practice of their profession. Several studies of workers exposed to HIV infected blood, SCC Forum Examines Censorship in the Arts by Darryl McPherson As the nation struggles with the question of whether certain forms of art should be censored, part of the battle is taking place right here on our doorstep. After a controversy erupted over the content of an upcoming performance of Survival Research Laboratories at Artpark inLewiston, New York, the show was cancelled. While the media jumped on the Bible burning aspect of the show, Artpark officials claimed the performance was cancelled due to a contract dispute. Feeling that Artpark was giving in to pressure, various people traveled to Lewiston on the scheduled day of the performance to protest the cancellation. Eighteen people were arrested for their trouble. That day, many members of the art community came out to attack the statement being made by Artpark. Through peacefu I artistic performances, they made their displeasure known. In response, the state police arrested some of the protesters, who would come to be known as the Artpark 18. Among those arrested were Tony Conrad, a University at Buffalo Media Professor, and Barbara Lattanzi, Video Curator for Halfwatls, a local post modem artgallery. Joined by Elizabeth Licata, a freelance writer, the three discussed the arrest in a forum sponsored by Students for Constitutional Concerns (SCC) on Wednesday, October 10 in O'Brian Room 106. Before a surprisingly sparse crowd, event organizer Tom Winward showed excerpts of the documentary "Disorderly Concept," which explained the purpose behind the original cancelled performance, and depicted the actual arrests of members of the Artpark 18. Foltowing that were statements from the panelists, giving their unique perspectives on the incident. The arrests were justified by the lack o< a permit to demonstrate. Since there was no great organized movement to disrupt the public peace, the panelists feft Artpark Director David Midland handled the situation poorly. The Artpark 18 was formed in the jailhouse after the arrests. And though an offer to settle the casewas made, the Artpark 18's counsel turned H down. Feeling the arrests were motivated by intentions to censor. The group wanted to bring attention to the real issue in this case. The SCC panelists felt that the news media focused onthe Bible burning aspect of the cancelled show without looking into the reasoning behind it. With the 2 Live Crew and Mapplethorpe controversies still lingering in people's minds, it was felt that Western New Yorkers should be made aware that the spectre of censorship looms close to home. There wasa brief question and answer session follov/lhg the presenta- tion. Most notable was a dialogue between panelists and second year student Norbert Higgins, who offered a conservative perspective to the topic. via traditional routes (pericutaneous, mucous membrane or sustained contact with non-intact skin) have yielded seroconversion rates of zero to less than one percent. In contrast, a similar exposure to hepatitis B carries a 6 to 30%risk ofinfection. Merck, Sharp, and Dohme Laboratories, the makers of Hep B vaccine, estimate that 15% of all general dentists and 21% of oral surgeons have a positive antibody serology, indicating exposure eitherclinically or subclinically to Hep B. In short, dentists have, for some time, knowingly "It appears dentists who refuse to treat AIDS do so for reasons other than a rational fear of infection." accepted a significantrisk ofcontracting hepatitis and other diseases from patients, but no evidence shows AIDS is one ofthem. Three aspects of the virus itself help explain this low risk of HIV infection. First, the required mode of transmission would seem to limit infectivity. Transmission would require intermingling of both patient and dentist's blood. This requirement significantly reduces the number of potential opportunities for infection. Rsearch has not identified HIV in parotid, submandibular, or sublingual salivary secretions, although infected blood from gingival exudate and nasopharengeal secretions may, at times, contaminate whole saliva. To date, however, there is no evidence of casual transmission from non-invasive dental procedures, and the apparent lack of transmission via saliva has led many investigators to speculate on the potential of HIV inactivation by salivary antibodies. Second, the lower risk of HIV infection may be dose related. Hepatitis B infected blood may contain more than 100,000,000 free viral particles per ml. In contract, HIV infected blood usually contains less than 1,000 viralparticles per ml., a concentration of 100,000 times less. Thus, one or two incidents of dentist-patient blood contact may not cause infection. Transmission may require repeated blood-blood exposure. Third, on contrast to Hepatitis B virus, the fragile HIV virus survives poorly under adverse and extreme environmental conditions. Changes in temperatureand pH willkill the virus and the CDC has shown that drying readily inactivates the virus. Like other retroviruses, routine chemical disinfectants (common household bleach, 70% alcohol, hydrogen peroxide) will also inactivate the virus in 1 to 10 minutes. Because of this fragility and susceptibility to infection control procedures, virtually no risk of environmental transfer exists. Nevertheless, some dentists, who refuse totreat AIDS patients, argue that few health care workers risk insured contact with blood and saliva, while providing treatment with sharp instruments readily capable of piercing the protective barriers, to the same extent as the dental staff. Dentist-patient blood intermingling could occur any time an infected patient's blood meets with a dentists's non-intact skin. In dentistry, the gingiva, oral mucosa, dental pulp, and perioralarea offercommon sources of blood during procedures. The elicitation of blood does not always require surgical or traumatic intervention. Patients with severe periodontal disease may exhibit spontaneous gingivalbleeding and Herpetic and other mucosal lesions may bleed from normal oral functions. Non-surgical restorative procedures routinely elicit gingival hemorrhage. A dentist's previously open sores or wounds and cuts or punctures during the procedure would then, theoretically, allow the required contact for transmission. Since exposure could occur even to the most careful operators, practicioners must heavily weigh the severity of the threatened harm. If a dentist contracts the HIV from a patient, he probably will become seropositivefor life. In addition, he standsa 70% chance of developing AIDS within seven years. Subtle impairment of the central nervous system may first occur. Once the clinical manifestations of AIDS develop, the average AIDS patient dies within thirteen to eighteen months of diagnosis, with a five year mortality approaching 100%. This, they argue, coupled with the uncertainty created by the unknown incubation period of the virus, creates an unreasonable risk. However, this argument merely restates, convincingly, that the danger is real. It ignores the magnitude of the risk. The successful experiences of thoracic and orthopedic surgeons in preventing HIV infections attest to the fact that risk of infection in the dental operatory, with relatively less exposure to body fluid than general surgery, remains very low. Some dentists refer HIV infected patients because they feel a moral indignation toward high risk groups. They say that this makes compassionate, quality treatment impossible and they contend that referral is in the patient's best interests. But, this argument fails to explain a prejudice against hemophiliacs, and those infected through perinatal transmission. And even if all HIV positive patients belonged to stigmatized groups, moral indignation does not qualify as a permissible distinction to base a refusal to treat. A diagnosis of HIV infection or AIDS is made with intent to provide a treatment benefit, and not made as a basis to justify inferior care. Rather, dentists must weigh the relative health benefits tothe patient ifthe needed care is not provided. Dentists should base their decision to treat en objective medical-dental criteria. In addition to the low infectivity of HIV, modern infection control procedures reduce exposure of the virus to dental personnel to the level of the normal contacts of everyday life and, hence, a risk too small to quantify. The same universal precautions effective in preventing the transmission of the more infective Hepatitis B virus will, likewise, help prevent HIV infection. Although even double gloves will not protect against.needle punctures and/or cuts from scalpels and other sharps, care CONTINUED ON PAGE 10 13?0;,»j^opinjon, 3 �MAILBOX CONTINUED erasriQN Volume 31, No. 6 fim October 23,1990 EDITORIAL BOARD Editor-in-Chief: Managing Editor: Business Manager: News Editor: Features Editor: Layout Editor: Photography Editor: Art Director: Maria L. Germani Maria E. Schmit Sandra Williams Andrea Sammarco jonn B. Licata Michael D. Gurwitz jjm Monroe Ron Rusczyk EDITORIAL The rape and murder of Linda Yalem several weeks ago affected most of us in one way or another. Most women are more cautious about leaving the school unattended at certain hours, or traveling alone at night after a certain hour. Runners think twice about the route they will take, and Public Safety conducted, and will continue to conduct self-defense information sessions for anyone interested. Linda's sexual assault may have reminded some of us of close friends or family that have been similarly assaulted. For some women of the UB community, Linda's attack was a sharp, painful reminder of a personal experience. In this issue, The Opinion broke from its editorial policy of not printing unsigned letters to the editor. The letter is from a fellow female law student who was sexually attacked almost twenty years ago, and the impact of Linda Yalem's rape on her. The strength and importance of the letter is self explanatory. Since Linda Yalem's rape and murder, I have witnessed several commendable acts of courtesy and understanding on the part of male law students. Layout for the publication of this paper all too often runs deep into the night. On one particular night soon after Linda's assault, when a first year female law student was getting ready to leave, a male law student offered to accompany her car Many of us are enrolled in evening classes. Some to her car. end at 7:30 p.m., and some end at 9:00 p.m. On one such evening last week while heading towards the parking lot, a fellow male classmate offered to walk with me. The buddy system that we were taught in grade school is as useful now as when we were children. It is a useful method of ensuring that every women leaving the law school at a late hour after class is accompanied by another person. For those men who have already practiced the buddy system, your efforts have not gone unnoticed. For the rest of you, ask the woman sitting next to you in class if she is walking alone to the bus stop or parking lot, or in the company of others. Staff: Nathanial Charny, Lenny Cooper, Darryl McPherson Contributors: Brian Carso, John Foudy, Chet Gary, Angela Gott, Natalie A. Lesh, Pat Miceli, Hans Tirpak, Tom Winward ©Copyright 1990. The Opinion, SBA. Any reproduction of materials herein s strictlyprohibited without theexpress consent of the Editors. The Opinion is published every two weeks during the academic yuear. H is thestudent newspaperof the State University ofNew York at BuffaloSchoolof Law, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily thoseof the Editorial Board or Staff of The Opinion. The Opinion s a non-profit organization, third-class postage entered at Buffalo. NY. Editorial policy of The Opinion is determined collectively by theEditorial Board. The Opinion is fundedby the SBA fromStudent Law Fees. The Opinion welcomesletters to the editorbut reserves the right toedit for length and libelous content. Letters longerthan three typed double spaced pages will not beaccepted. Please do not putanything you wish printed underour office door. All submissionsshould be placedin law schoolmaiboxes 677or 808by thedeadlinedate. Deadlinesforthesemester are posted in themailroomand outside The Opinion office, 724 O Brian. THE OPINION MAILBOX To the Opinion: On Thursday October 11, the Lesbian/Gay Law Student Organization along with The Gay Graduate group had an information table outside the Law Library in honor of National Coming Out Day. Around 2 pm several unidentified individuals hurled glass vials of sulfur in the direction of the table. One hit a student in the back. If the people responsible for the gassing were trying to make some sort of statement, they failed. In fact they only succeeded in endangering theirfellow students. This futile, pointless act is not a valid means of expression but amounts to an abhorrent act of harrassment. We the undersigned will not tolerate such acts and urge the administration and campus security to fully investigate the incident. Terri A. Mayo, Christopher Thomas, Rebecca Eisen, Kathleen Welch, Jim Maisano, Lara M. Greco, Rodger Doyle, Suzanne Sullivan, Javier E. Vargas, Pamela Taylor, Hilda M. Ramos, Taunya Hannibal, David Duguay, Brenda Mattar, Tara Flynn, Margaret Phillips, George Snyder, Alison Edwards, Jeannette Brian, Judith A. Shanley, Sloane Smith, Cecile Mathis, Toni Delmonte, Leonard Cooper, Kimi Lynn King, Nathaniel Charny, LaMarr Jackson, Daniel J. Weitzner, Mona Igram, Janet Zwick, Andrea Sammarco, Maria Germani, Mark Schlechter, J seph R. Bergen 4 Tuesday-October 23;499u • The'Opinion An Open Letter to John Licata, and all the men who have expressed outrage at the recent violence against women: Afterreading your article on the recent rape/murder ofa U.B. student and its effect on women, I felt that I had to express my gratitude for your attempt to understand. You stated that while you realized the fear that this is causing in women in the Western New York area, it was a fear that men did not have to experience because you realized you were not the target. And I felt a need to share with you exactly the kind offear that I, and other women like myself, are feeling. Rape is certainly a paradoxical crime. Sex, which is the one expression of vulnerability that two people can share, is used to hurt, humiliate, dominate and violate the victim. In our country it is estimated that one out of every four women will be sexually abused. The figure for men is equally abhorrent; one out of approximately sevenmen will be sexually abused at sometime in their lives. And while each one ofthe victims has their own unique scars, the victims of violent sexual assault also live with the knowledge of what fear of death feels like. As a victim of a violent sexual assault, I have intensely felt an impact from therecent rape/murders which have occurred. My own rape occurred approximately nineteen years ago. I had learned to deal with the emotional impact of that event. Oh, there werea number of scars which existed. For instance, I have a difficult time allowing myself to show any emotional vulnerability, I always feel nervous when I am alone on an elevator with an unknown man. But I have mostly channeled that event positively, and have worked with victims of many kinds of abuse. It's easy to have empathy when you know where a victim is coming from. I have been very lucky, in that I have been able to gain emotional security through a loving husband, good friends and wonderful children. Many victims neverare able to allow themselves to do so. I have made a place for myself in the community, and I am seen as a competent, caring individual. And I'm exceedingly proud that I will soon be an attorney. Yet after the most recent sexual assault and murder, I found myself irritable and intolerant. I found it hard to concentrate on things that were normally important to me. I did things that I consider unreliable. And I just could not motivate myself to do the things that I needed and wanted to do. Initially, I chalked it up to stress. After all, law school entails a lot of work, and many other things were going on in my life which might just have been overwhelming me for the moment. Finallythough, I realized that what was really bothering me wasa recurrence of all the fears that came from my own violent sexual assault. Let me tell you why I came to that conclusion. It happened when I noticed myself pacing back and forth in my bathroom while brushing my teeth. I was pacing because I was going over in my head what the best way would be to react if assaulted by the rapist. I realized that I had analyzed what I believed was his mindset, based on what I had read of the attacks, police reports and psychological profiles. And I had a plan all ready. Though I don't run, bike, walk or jog in the area where the assaults have occurred, I needed some security to grasp. I was realizing once again how vulnerable I am. But the emotional pain is greaterthan justthat one incident. I find myself thinking about the possibility of sexual assault while I am driving, while I am dressing, while in class. I wake up to what I should be doing and realize what I have been thinking of instead. And I relive the pain ofthe sexual assault from two decades ago. I recall the calm, "rational" numbness that I felt when I thought that I was going to die. I remember the way it felt to have a knife at my throat and to think that he was going to leave my body abandoned in the mountains. And I rememberthe most horrifying fear: when I realized that he was driving me back to where I had come from, and I actually hoped that I would live. The hope that I would actually live, made the realization that he still might kill me all that much more unbearable. But I did live, and I did heal. And I am now getting help to deal with this recurrence of fear, anger, pain and helpless vulnerability. I know that this post traumatic stress will be temporary. And I am thankful that men express outrage, and offer empathy, and attempt understanding. Because I feel a little more secure knowing that I can trust some men, and that there are men who do respect my right to be safe, secure and inviolate. So thank you John, it really does help. [Anonymously Submitted.] To The Editor: Rumor has it that an article of mine appeared in the September 25 issue of the Opinion newspaper ("What CDO Never Tells You Part 2," at 7). Upon reading it, I did conclude that there is an outside possibility that this article is the putrefied remains of what once was a parody story that I wrote. If this is true (and I believe it is), it represents the most irresponsible exercise in butchery that I have ever been victimized by in the name of"editorial license." I submitted a briefarticle (shorterthan the Gurwitz article on the same page), and an Opinion editor cut half of it out, while changing some of the wording. Michael Gurwitz has claimed the credits. According to Gurwitz, there wasn't enough room to print the entire article. In response I replied that common sense and journalistic decency should have informed him that the article should not have been run at all if that much had to be cutout ofa parody story. Gurwitz replied that they couldn't afford to lose the space by taking the entire story — out. Thus my journalistic integrity was compromised so that Gurwitz and the Opinion could save face, while preserving and imperializing Gurwitz's political rantings as usual. I think I have a right notto have my articles bastardized and butchered as an expendable sacrifice for Gurwitz's political agenda. Gurwitz's article, which appeared on the same page above mine ("Homophobes beware Your days are Numbered"), got plenty of space, including a frivolous large-type inset. It is now painfully apparent why the 'good-ole-boy s-club' brand of politics was so important to Gurwitz during the newspaper's elections last year. Power, politics and self-serving control over what gets printed and who to pass the torch to for next year—these were the issues Gurwitz thought were important 'press' concerns. Pravda exits the Moscow scene and turns up at the UB Law School isn't that special? A propaganda machine of our very own. Gurwitz couldn't even spell my name correctly - the inevitable result of putting politics and self-advancement ahead of journalistic integrity. It was precisely this result that Andrew Culbertson, last year's Managing Editor, ominously and regretfully predicted in his farewell article last spring, i.e., that special interest politics would push journalistic integrity out ofthe driver's seat in the - ... coming year. CONTINUED ON PAGE 5 �Affirmative Action Attacked as Racist by Hans Tirpak Young white males are presently being subjected to an opportunity tax designed to pay for the remedying ofthe effects of past and present racial discrimination against minorities as well as past and present socio-economic disparities between races. The name of this tax is affirmative action. Affirmative action 'lax" programs require that white males pay a tax, in theform oflosing opportunities, to minorities. I believe that all poor people, not just poor minorities have been victimized by society, and that wealthy people of all races have for the most part been less victimized than poor people of all races. I also believe thatany awarding of social goods that is not done in a racially neutral manner is by definition racial discrimination and in violation of the 14th Amendment to the United States Constitution. In combining these ideas I conclude that the government should try to make opportunities available to all pooron a strictly race neutral basis so as to accomodate all those who have been victimized by societyand to make use of potentially invaluable human resources. But, the present political climate appears to be such that this type of program will not be adopted as a replace- merit for affirmative action. Since the government will not likely eliminate the race based affirmative action tax on white males, I think that the government should abandon the affirmative action opportunity tax and adopt an affirmative action white male income tax of a few percent of each white male's gross income. The proceeds from this tax could be used to helpfinance public schools that are made up predominantly of minority students and otherminority education programs. Adopting this tax package could have several beneficial results. Firstly, the cost ofremedying the effects of past and present racial discrimination as well as past and present socio-economic disparities between races would be borne by all white males, including the older wealthy whites who are the primary beneficiaries of past and present racial discrimination against minorities. Secondly, poor minorities and the poor white who attend predominantly minority public schools would receive education comparable to the education received by wealthier students, and would probably be able to compete with wealthier students in the job market, thus eventually eliminating the socio-economic disparitiesbetween the races and the need for the tax altogether. Thirdly, wealthy whites would be more willing to send their children to predominantly minority schools, thus ending the de facto segregation that has occurred in many school districtsacross the nation. Fourthly, since advancements would be "...any awarding of social goods that is not done in a racially neutral manner is by definition racial discrimination and in violation of the 14th Amendment..." awarded, hopefully, on merit, minorities in high positions would no longer be assumed to be less qualified than their peers orto have received theirpositions because of the color oftheir skin. Several problems would also result from adopting this tax package. Firstly, poor white victims of society who live in predominantly white areas would be comletely left out. However, present affirmative action policies leave them out anyway, so their plight would not be affected. And secondly, there would be no way of assessing when the tax should no longer be collected, except for the greatlyflawed notion ofrace percentage quotas. But, present affirmative action policies face this same problem also. Overall this affirmative action white male income tax appears to be a big step up from present affirmative action policies in terms of fairness and end result. But, I think that if this tax package were proposed to Congress, C-SPAN would get some very interesting film footage, and the proposal would be flatly rejected. Why? Because with this tax package the rich white liberals who are so fond of providing opportunities for minorities at the expense of poor whites would be faced with footing part of the affirmative action bill with their own money and that of their economic supporters. Instead of doing this, I think the rich white liberals would cease using the ends justifies the means argument in support of affirmative action, and start calling affirmative action what itreally is, constitutionally impermissible racial discrimination against whites. Editor, MAILBOX CONTINUED FROM PAGE 4 lam very concerned about an incident that happened on Monday 10/8/90 Since my name appears as the author, I damn well expect the final result to reflect On the notice in Room 106 for that afternoon's meeting of the Association of Women fidelity to the original; I expect my name to be spelled correctly; I expect political, selfLaw Students, someone had written "free dildoes for all supplied." I cannot believe serving interests to be subordinated to journal professionalism; I expect something that in this day and age this is the kind of reaction that a group of women meeting as more than cretinous judgment in editing decisions;I expect my articles to be unmowomen engenders. I hope that this incident is not a precursor to lested bythose who happen todisagree; I expect the rules to be applied to everyone, the type of sexual that occurred at this law school several years ago. harassment even-handedly. Twice I have submitted extremely short rejoinders of three or four paragraphs, in Nikki Rademan response to letters published in the Opinion which I felt falsely represented facts 2nd year contained in my previous articles. None ofthese rejoinders was ever printed... the explanation being that newspaper policy did not permit the staff to rebound a response. Yet no less than three times in the last year Gurwitz has allocated to To The Editor: I found the article [by Angela Gottabout herlearning disability] quiteinteresting and himself generous space for his immediate response to letters critical of arguments However, it appears to be very disjointed—it ends in a manner which informative. he has issued in the press including the "Opinion Mailbox" in the last issue (Oct. something is missing. suggests that 9,1990 at 4). Gurwitz always seems to manage to reach deep down inside for one that it can be satisfactorily resolved. hope I more surreptitious power play that will give him the last word. I'm sick ofthe politics at this newspaper; the pettiness; the ego back-rubbing; the Joseph S. Hughes truancy from journalistic integrity. I was writing newspaper stories when Gurwitz was First year student still dumping in his diapers. Judging from some of the articles I've read, he's still To The Editor: or sanitizing dumping in his diapers. I will not tolerate political hacks toning down, Accidents will happen! So that Opinion readers may understand my previously otherwise molesting my work. I expect the same rule to apply to everyone, across published article, here are the sentences in their completed form: the board, in an even-handed manner. Absent these modest assurances, consider this my resignation. I refuse to be associated with a bigoted, biased political "I thought he needed immediate protections because he was failing his exams and organization which masquerades in the name of journalism. I am entitled to an was denied proper accommodations." — apology. Gary Ketcham To The Editor: At the end of August, the Law School had their Orientation. We asked F.S.A. Norton to cater orange juice and coffee for us. Mr. Jim Monroe informed them that Orientation began at 8:30 and thought that the beverages should be set up in the Law School lobby by 8:15. On the morning of Orientation, the beverages had not arrived by at 8:30. By 10 toninea.m., Mr. Monroe had called F.S.A. Norton to find out what wasthe delay. The response to Mr. Monroe's inquiry was something to the effect of"It's busy over here" and "It will get there when it gets there." This type ofbehavior is very rude and unprofessional. Not only does the Student Bar Association expect an apology, it also expects that part of the bill be credited to us, due to the late arrival of the beverages. It is appalling to find that an organization that provides a service, while under monopoly protection, can abuse its customers and not expect them to raise a fuss. I intend to publish this letter and encourage any group that was similarly treated to speak out. Sincerely, Taunya Hannibal S.B.A. President Editor's Note: Ms. Hannibal originally addressed this letter to Mr. Hosie, F.S.A. Director. "It was this inability to find a means to survive and to learn, despite my learning problems, that was having a negatigve effect on my ability to learn law properly...l felt that if Section 504 included provisions to protect a person like me, why shouldn't I try to get help and protections?" "Despite eleven and one half years being in a legal quagmire, I have managed to travel to fourty seven of our fifty states and to thirty eight countries." "You would have to have been there in 1976and been made to go through all the bad treatmentto be able to appreciate fully how the attitudes of the students and faculty have changed." Angela Gott To The Opinion, Conduct such as this glass-throwing incident, the attack on the students at the Gay and Lesbian Coming Out Day table, is thoroughly despicable. It is one thing to engage in a serious, even sharp, exchange of ideas with those with whom one disagrees. That isthe essence of free speech and it is protected. It is quite another to do what was done here—to engage in a physical attack intended to threaten, harass and demean others simply because of disapproval ofthem or their ideas. It is conduct ofthis type and worse—assaultive conduct by those who would hide their identities while displaying theirbias—which led to adoption ofourFaculty Statement on Tolerance. As indicated in that statement, expression is fuly protected and will generate only responsive speech, but assaultive, harassing or threatening actions, if the perpetrators are discovered, will incurformal sanctions. We are fortunate that in this instance, at least, no one was physically injured. David B. Filvaroff Dean and Professor Tuesday, October 23,1990-TheOpino 5•.The Opinion 5 �Scholarship Established The Italian Loafer: Adventures of a Legal Gumshoe by John B. ( The family of Linda S. Yalem, the University student found slain several week ago, has established a memorial fund in her honor. The fund has been designated to support a University scholarship program. Contributions to the fund may be forwarded to: Licata 'features 'Editor It was raining that day when Ireceived a notice from the ever vigilant people at the AFSA loan servicing center. They were reminding me that I owed them more money than I could ever hope to raise by selling my plasma downtown. Apparently they were serious about my loan repayment plan. Well, so was I. Unfortunately business wasas dead as the fox in Pierson v. Post. Nobody wanted to know anything. One student tried to get me to help with her RAW memo but I'd had enough of the blue book for a while. Even though I was behind on rent and spending my nights in my office, I was smart enough to know that the wanted me to own up to the obligations had signed when I mortgaged my future for a chance at becoming a mouthpiece for some poor reprobate. I had to find some way to get a line on some crazy paper, serious g's, cash, or tax deferred annuities with a present value of approximately $13,987.32. I was in trouble. It quickly became apparent that all my material possessions would not cover the first month of payments and that I needed to sell something more substantial, something unique, something not stolen. Selling stolen goods gets you thrown in jail with men who sing country and western songs until three in the morning. Besides, I have a personal interest in keeping my physical liberty despite the precepts of J.P. Sarte. Selling drugs lost out since I needed to do the work in a relatively independent manner and too many percentages get cut out ofthe profits. It's an ethical thing too. I didn't like the paradox of dealing in something regarded as nirvana and a pariah that wasn't being shown in an art gallery. The onlything left was my soul. There was a pawn shop on the corner of X and B (done on the advice of F. Dostoyevsky) so I sauntered overthere to find the going rate for eternal spirits. I thought I'd get a good price since my clients were always telling me that I had the soul of saint.. I told the lean, black robed individual behind the counter what my clients had told me. "Who the hell wants the soul of saint? get I people in here all day and nobody, but nobody has ever asked to buy the soul of a saint. Last time somebody bought a soul from me was in 1968 for some national campaign. And he wanted to lease the damnthing," he gaveme the upward movement of his arms in the all too familiar gesture of acquiescence. I gave him a gesture of my own and walked out into the rain Shop after shop it wasthe same story. The market on souls had peaked during the 1980s with everybody unloading saintsand picking upa discounted model withloose moral fiber. SomegotaßMW key chain thrown in if they knew how to negotiate. I wasa dinosaurheading into the winter of discontent. I found my way to the campus CDO to check on a firm that would give me something near the going rate. I was getting desperate and a flyer in my mailbox about Union-Busting Firms caught my eye, but I thought better of it. I had come up against some of the union , boys and they knocked some respect into my head some teeth out of it and spilled a couple pints of my blood. Those garment workers are tough. Things were getting crazy in my head so I applied toa firm with more diverse names than the United Nations roll call. A few days later I got the call. See you Monday. My neck was stiff from the overstarched collarand I feltlike the wooden indian in a cigar store as I waited for my turn from the bullpen. The firm was interviewing a billion candidates for the step-n-fetch position at the firm with a policy of not notifying you until you had already missed a week ofwork. It made employment review more of a surprise oriented occasion. Eventually a dazed student walked out of the interviewing room and a smokey voice beckoned me into the parlor. Jelly jumped into my knees as I closed the door behind me inside sat a woman so attractive she bent light. I decided to downplay my sainthood. "Hello, Mr. L (Dostoyevsky again) how are you?" she said warmly with a smile that said "Leave." A friendof mine took Negotiation Techniques and told me that it is sometimes better to remain silent when you're not sure of your tactics. I had nothing but sometimes that can be a pretty cool hand. I said hello. Q "Whyare you interested inX 0 ?" and A LL Q She was writing on a piece ofpaper and she talked without looking up. I'm selling my soul to the highest bidder. You want in? That stopped her. Her eyes came up (she signed the sheet and put it in an envelope, but her eyes still came up) and she smiled a knowing smile. "So, a wise ass." My soul for menial labor aimed at destroying the principles I had fought for in college and at the polls for $70,000 a year. No questions asked. It took me a few minutes of fancy dancing to convince herthat I was serious. By the time we got to the Lambada she was talking terms. I walked out with a solid offer for my soul though I still had the use of it until I graduated. But my screaming conscience and a turning stomach meant one thing- gumshoe intuition didn't like what was happening. My brain was telling me that law school was going to be akick and that I'd be giving instead of getting. The rest of me felt like I had beenrooming witha barrel oftoxic waste. I asked the fates to take a hand in the matter and give me some oracle argu- - ments. Outsidethe library a few BPILP people were plastering flyers to the walls of the school in their ever optimistic attempt to mobilize the student body on some important issue. are you coming to the "Hey L LRAP meeting?" The Loan Repayment Assistance Program. I smiled at my own karma, I could keep my soul after all. Just show up and help. Tuesday October 23, 199'ti • The Opinion 6 , University at Buffalo Foundation, Inc. Linda S. Yalem Memorial Scholarship Fund P.O. Box 590 Buffalo, NY 14231 Checks should be made payable to the U.B. Foundation. The name of the memorial scholarship fund should be noted on the memo section of check. Please include youraddress sothat proper acknowledgement may be made. Thank you for your support. A Call for Responsible Art by Brian Carso A few weeks ago film-maker and TV director David Lynch dished up some of his standard fare. This season's first episode of Twin Peaks closed with an eerie sequence showing the violentrape and murder of a female character. No sooner had the episode ended when a Buffalo news update reported that a 22 year old UB student was sexually assaulted and killed over the weekend while jogging. Art mirroring life? And the 2 Live Crew performed in Niagara Falls: "I'll break ya down and d— k ya long/Bust your p—y and break your backbone." On the same day a woman was raped at Daemen College. Art mirroring life? No. Something else, more ominous and complicated. No one seriously doubts that our popular culture can effect the behavior of people; at least some people, some time. Fairy tales change the lives of children, in ways Bruno Bettelheim explained in detail. The career of Bill Cosby may have surpassed busing laws in bringing blacks and whites together. Today, Americans are looking to popular culture more than ever as part of a desperate attempt to discover human values in an age that is arguably more difficult than any other. It is more difficult because the rapid velocity of change in our world forces our beliefs to be tentative at best. More difficult because the diversity of opinion that confronts us through our popular culture and mass media creates a chaos in which taking a stand makes one feel more vulnerable than courageous. An admirable and important goal of education is to fosteran open mind, but let me insist on this: an open mind can be dangerous if it is notat the sametime a vigorously critical mind. A critical mind distills the important from the trivial; it demands that we look for human value, and makes us conscious of lies. The First Amendment presupposes a critical citizenry. Somehow, this challenge must not elude us. The traditional sources from which people have gotten their system of values have come up against obstacles. The values of our parents, of religion, and of traditional authority figures don't always fill contemporary needs. Too often in their place is a pervasive voice, found in our magazines, on our TVs, radios, and movie screens. The messages contained within our popular culture are slick and easily comprehended. Ourreliance on popular culture has given the popular "artist" a position of power. I suggest that with this power we need to demand an increased responsibility. Because our musicians, writers, filmmakers, comedians, etc., have attained a degree of influence—or, at the very least, a pervasive presence—that outreaches any prior historical role, we should be holding them to a significantly higher standard than that by which they operate today. Unfortunately, ourpopular culture has been allowed to propagate without having to live up to any serious moral standards. I use the term "moral" to mean that which affirms life. A significant amount of popular culture does the opposite: in the hands of the mediocre artist, our popular culture too often debases and dehumanizes in order to provide what is essentially a cheap thrill. And too often, that which is debasing is allowed to pass—or is even praised with words like "controversial"and "provocative"—because it is hidden within the unqualified idea of "art," an idea most often regarded witha hands-off philosophy rooted in a misguided notion of relativism, and rationalized as a virtuous show of tolerance. There is a notion of carte blanc subjectivityexpressed among students that if some object has any aesthetic value for some one individual, then nobody else should seek to impose a standard whereby that object's value is judged. The ability of our collective intelligence to make distinctions between the moral and immoral (read "humanizing" and "dehumanizing") iscontinually doubted, for fear of sliding down some slippery slope until we find objection in even the most innocuous material. In fact, legislative and judicialhistory ismostly made up of reasonable acts and decisions; to suggest that we're no longer capable of setting limitations is disingenuous at best. Yet the cry isheard that trends change, that some profanityfrom our ancestor's time is palatable today. But confront what is before us: do we ever want the explicit depiction ofrape and murder for the purpose of entertainment to be passively accepted? Do we want to provide an audience for musicians who celebrate the violent degradation of women, while at the same time we mou in those who have suffered beyond our comprehension the horrors of violent sexual assault? Considerthe opinion of a great American bard, Walt Whitman: "Theliterature, songs, aesthetics, etc., of a country are of importance principally because they furnish the materials and suggestions of personality for the women and men of that country, and enforce them in a thousand effective ways." What literature, what songs, have suggested the behavior of the depraved among us whohave caused such grief? We need to think more clearly than we have. �Changes in Code of Professional Responsibility On Friday November 16th, the MPRE will be administered in New York state. The MPRE is the ethics portion of the bar examination which all bar candidates must pass to practice law in New York. If you missed the October 19th registration deadline for the November exam date, don't panic-there are late registration deadlines you can make. The MPRE is also administered in the Spring. Admissions and Records has a brochure/registration packet which contains the exam dates, locations, deadlines, and fees. On September 1, 1990 new rules by Maria L. Germani Editor-in-Chief governing the ethical and business behavior of practicing attorneys took effect. The revisions affect such areas as lawyer-client confidences, contingency fee arrangements, and the use of th media to try cases in public. The changes, designed to update the Code of Professional Responsibility, are the first in more than a decade. Among the more significant changes as reported in a publication of the New York State Bar Association are: -Lawyer misconduct: A lawyer to report to disciplinary authorities nonconfidential information that raises "a substantial question" as to another lawyer's trustworthiness. -Disclosure of client confidences: Authorizes that a lawyer reveal client confidences whenthey discoverthat an opinion or representation they made contains "materially inaccurate information" or is being used to further a crime orfraud. -Withdrawing from a case: Allows a lawyer to withdraw from representation when it is discovered that a client has used the lawyer's services to perpetrate a crime orfraud, even if such withdrawal is prejudicial to the client. -Contingency fees: Prohibits contingency fees in domestic relations matters and, for the first time, requires that all contingency fee arrangements be made in writing. -Trial publicity: Clarifies the standards that apply to trial publicity by setting forth general criteria that statements may not be made to the media when a lawyer knows there is a substantial likelihood they will materially prejudice a judicial proceeding. BELS UPDATE by Lucy Kruggel TheBuffalo Environmental Law Society has held two meetings so farthis year. Indicative of U B Law students' increasing dedication to environmental issues, we enjoyed a larger turnout that expected. We have several projects underway, covering different aspects of environmental law. Several students are assisting in the research and writing of an appellate brief for the Atlantic States Legal Foundation, in its citizens' suit against Kodak for Clean Water Act violations. Another group of students are working with the Niagara River Action Committee and the DEC. They are helping to assess impairments to the river, with improved water quality through Remedial Action Plans as the eventual goal. Students with an interest in the Buffalo River are working with a local organization, the "Friends of the Buffalo River." They are helping designthe curriculum for an environmental education center on the waterfront, and looking at the assessment and land use problems along riverfront property. Upcoming projects may include a public outreach canvas in conjunction with Greenpeace concerning a planned local incinerator project. If you are interested in learning more about these projects, come to the next meeting—they are held on the first Wednesday ofeach month in the fourth floor lounge at 5 p.m. Carl Sagan Expounds on the Universe by John Foudy On Sunday October 14, Dr. Carl Sagan spoke on "the state of the world," the focus of the 1990-91 Distinguished Speakers series. Dr. Sagan is a world famous scientist, astronomer, Pulitzer prize-winning author and author of the television series "Cosmos." The focus of his lecture was on the serious environmental problems facing the Earth, and what can be done to alleviate them. The principal problems addressed were global warming and ozone depletion. Dr. Sagan began by explaining how space exploration is beneficial to mankind. Man has learned a great deal about ourown planet's environment, by studying other planets in our solar system. For example, space probes have "The principal problems addressed were global warming and ozone depletion." shown that Mars has no ozone layer, there is nothing to block out ultraviolet radiation. As a result organic molecules, the building blocks of life, cannot exist exposed on Mars' surface. The lack ofozone precludes the existence of lifeforms. Dr. Sagan pointed that this is a "reminder to us," as we continue to destroy the thin ozone layer that surrounds the earth. Our ozone depletion is caused chiefly by the emission of CFCs into the atmosphere. While some LEGAL MANIA Micali Pat progress has been made tocut down on these gases, it is not quickly enough for our environment.. Studies of the atmosphere of Venus ialso add insight into our own atmosphere. Theatmoshereof Venus is much thickerthan ours and is comprised almost solely of green house gases such as CO2 and methane. Green house gases are so called because they let in solar radiation, but do not let infra-red radiation out. The temperature on the surface of Venus can melt tin or lead. Global warming of our earth is a serious and pressing problem, because little is being done about it. The burning of fossil fuels emits CO2. Dr. Sagan showed that in the past the concentration of CO2 in the atmosphere had a strong correlation with global temperatures. We have been pouring more and more CO2 into the atmosphere and the current worldwide temperature is nearly at a 150,000 year high. A further increase will likely cause flooding of low areas, and climatic changes such as the drying out of American croplands. As a starting point, Dr. Sagan stated, we need greater fuel efficiency, especially in cars. Cars and coal-fired power plants are the principal producers of CO2. Nuclear fission doesn't produce green house gases, but has its own, in Dr. Sagan's view, intractable problems. Those problems include the risk of catastrophe, waste disposal, and weapons production. He regards the solution as being solar energy, either direct production of electricity, or the production of hydrogen gas, which when burned yields water. He envisions huge arrays of solar panelslocated in deserts. He stated that the technology is there, but the national will has not been. He noted that one of the first things President Reagan did upon taking office 9 years ago was to remove a solar-thermal water heater that President Carter had installed. It was noted that reducing or even eliminating CO2 production is not the whole answer, there is a need to reduce CO2 already in the atmosphere. The most efficient and probably only practicable means of doing that is to plant trees. However, we would need a forest the size ofthe United States. Currently the amount of the world covered by forests is being reduced at the rate of an acre a second. A crowd ofapproximately three thousand turnout for the lecture; this was the second largest turnout for a lecture in theseries' history. Two otherlectures are planned for this years speaker's series, Congresswoman Patricia Schroeder will speak in November, and ex-National Security Advisor Zbigniew Brzezinski in April. CARL SAGAN The Faculty Statement: Let's Make It Count by Tom Winward In the last issue of the Opinion, we learned the results of the opinion poll concerning the faculty statement. As I expected the statement met with a general sense of disapproval. Certainly there have been other indications of discontent among the students in past years, the law suit and many letters and debates are just a few. The survey even indicated that there are faculty members who are not happy with the statement but through mixture of pride and legal entanglements are not willing to abandon or revise the statement. One of the more unsettling developments ofthe survey results (aside from the general appearance of student apathy) is the reaction by some ofthose who support the statement. In a reac tion which I view as "sour grapes," supporters of the statement claim that the methodology of the survey waspoor (no controls etc.) and therefore the results are flawed. I agree, the results are probably suspect and the results, as a survey, probably carry little weight. So here is the solution, submit the same question to the student body in a vote. Likewise, I would like to see the issue appear on the agenda of a faculty meeting also, if possible, put to a vote. The time has come for everyone to take a stand on the faculty statement, students and faculty alike, in the open. It seems that most of the problems with the statement boil down to uncertainty. I think that the law suit, letters, the survey and hopefully a referendum, will make all views known and bring the law school community one step closer to solving the problems created by the statement as well as those problems the statement was designed to address. Tuesday, Octobers, 1990 • TJie Opinion 7 �■m I m ■ H JW REGISTRATION MUST ■ 11/1/90 ■ The Pieper Course Includes: H & Essay writing H & Mnltistate Practice ■ ■ ■ I ■ H I UIvDVk flw</&affl ■ ■Jill UA & MuttistateProfessional Responsibility Exam CPVNBI Ull fillAttll 111 " w Multistate Volume vPIIiIrT'I" I UlibUUNl Uvy student's discount pfsl2s will be deducted from Hie tost of $1,|75 fojstill in law school who registers for the hepcr New York Multistate Par Hevlew Course by November J, |990. ■ m NeW York Law Volume ft Professional Responsibility uw J< f(US M(€p6f S — JOfltl flilirintiCP H ■ ■ I H H ■ I f-| PfrjQQ US"VSI4M UmUUHVV for more information see your Pieper Representatives or contact: PEEPER NEW YORKMULTISTATE BAR REVIEW, LTD. 90 WILLIS AVENUE, MINEOLA, NEW YORK Telephone: fslo> 747-4311 11501 The Bar Course That Cares, ■■ �Balancing Personal and Professional Life by Elizabeth Kent Two practicing attorneys addressed the Association for Women Law Students on Monday, October 15, in the First Floor Lounge. Carrie Smith and Deborah O'Shea, both of Smith, Kellehaze (?) in Buffalo spoke about balancing personal and professional aspects of life as an attorney. Smith graduated from UB in'89 and has been practicing for eight months. O'Shea has been practicing for eight(?) years. The presentations of the two women were dissimilar in that Smith is single and has no children while O'Shea is married to an attorney and has stepchildren. Both attorneys agreed that it is necessary for male and female attorneys to be flexible and try to maintain a sense of humor while trying to balance the demands of professional life with the demands of homeand family life. O'Shea suggested that a mate be "someone who is very flexible and will take on some" of the responsibilities of house- hold and children. Smith said "hopefully, crises will not coincide" at home and work. O'Shea emphasized that it ispossible to do a decent, competent job in all aspects of life, but that it is not possible to "be perfect or give 100% without having a nervous breakdown." An easy answer was not given by either attorney on where or how to compromise or choose between the demands of professional and personal life. Each ofthe attorneys emphasized thatwhat worked for them might not suit the needs ofthe people attending the presentation. Prioritizing, making budgets and a calen- Gay Conference Attended U.B. Law School Gay Law Student Organization representativesTerri Mayo and Brenda Mattar attended the National Gay and Lesbian Law Association (NGLA) in Atlanta on October 5 8. NGLA is the most influential bar association representing gay and lesbian issues. The keynote speech was delivered by Judge-elect Donna Hitchens of San Francisco Superior Court, she is the first "openly lesbian" candidate elected to the consistently conservative position without first having been appointedto fill avacancy. Ms. Nan Hunter, the former Director of Gay and Lesbian Rights for the American Civil Liberties Union (ACLU), was the honoree of the - by John Licata Features Editor conference. Ms. Hunterisnowteaching at a law school inthe northeastern United States. The NGLA conference, "Lavender Laws II" is held every two years which makes the schedule of discussions and variety of informal meetings indispensable to addressing the concerns ofthe members of NGLA. At this year's conference Terri Mayo was elected to the organization's Board of Directors and she expressedd confidence that UB Law is now "plugged into a network... that will enforce the ABA's (American Bar Association's) policy of non-discrimination based on sexual orientation." Part of the overall goal of the conference was to demonstrate that gay and lesbian issues are not isolated civil rights concerns but ideas that cut across traditional lines of political interest. One of the many issues addressed was the recognition of diversity within the homo- sexual community and utilizing the diversity as a means for coalition building. Of particular importance is the changing family dynamics. Ms. Mayo described the basic realization that "the American family is no longer a mother, a fatherand 2.2 children. There are single mothers, "the American family is no longer a mother, a father and 2.2 children." Co-habitants raising children, extended families andthe issue of gay and lesbian parenting." Ms. Mayo said that the families that don't conform are discriminated by employers, landlords and the law. Judge Hitchens discussed the element of coalition building among political activists by using her own political victory that embraced all groups concerned with civil rights issues as an example. Her campaign depended upon areaching across "barriers" ofethnicity, religion and sexual orientation, to secure a victory in a district populated by several minority groups not known for approval of homosexuals. The central strategy of coalition building is to limit divisiveness within the coalition by aiming the entire political energies of the various groups at the paramount issue common to all groups involved. NGLAis utilizing Civil Rights as the common basis for its political coalition and has had some success in San Francisco. darcombining schedules for work and home was suggested. The male role is changing" within both thefamily and the office, according to O'Shea. Attorneys may have been raised in one career families, but economic constraints now often dictate the need to have two career families. In that case, O'Shea claimed that the "woman has to tell the man that he has to help."because it usually "falls more on the woman to deep the house running as well as the career running." "Kids are seeing moderation occuring as a result of two career families. It is no longer as much of a stigma to have kids," O'Shea said. Older partners in firms are becoming more aware of the dual demands of home and officeplaced upon women. The partners may be sensitive to child care responsibilities and constraints because their daugh- ters may have careers and children." O'Shea did not say how prevalent the older partner sensitivity might be. The need for adequate child care arrangements were discussed and the child care facility opened be a Buffalo attorney was mentioned as being populated by children of many local attorneys. O'Shea reminded her audience that a firm "is a business and that there is productivity expected" of each employee. She said that it is possible to work and be a parent. The success of working and parenting depends largely, O'Shea claimed, on "keeping the lines of communication open" between attorney and firm, and between mates. Success is dependent, O'Shea and Smith agreed, upon the firm itself, the nature of the practice, and how the attorney handles the demands of work and home life. Contracts - A Tall and Incredibly Long Story by Srikant Ramaswami I had a scary dreafrifaist night. Ycti see, Urwle Gorbin, grandpa Williston and Mr. Llewelyn came over to my house to party. We had a great time initially, and talked about many subjects and experiences. But as the hours grew late and the alcohol began to take effect, we began to discuss the importance of contract theory in our lives. Mr. Llewelyn, being in high spirits, started to complain that I was running out of beer. "Srikant," he said. "You might have to compensate me with some expensive vodka, so that I can be put in the position of inebriety that I wouldhave been in, had the beer been here." I was rather intimidated by this statement realizing that if I didn't deliver value on the promise I had made, the repercussions would be serious. So I ran to the corner store to get some more beer. At the corner store \ wasfaced with a dilemma. They had no beerand nothing seemed fungible. So rather than disappoint Mr. Llewelyn, I went to another store. As I brought the beer to the counter, the ownerwas fighting with his employee for having agreed to work for four months, and quitting after three. Now, the ex-employee wanted his three months*pay and the employer refused, citing breach of contract. Having been exposed to a similar situation. I advised the employee to Sue ori quantum meruit, and then, making my payment, I returned home. As I walked through the door, Mr. Llewelyn expressed a sigh of relief that I had arrived. "We needed the extra beer!" he exclaimed. "Dr. Fuller and Mr. Purdue decided to drop in. They're in the next room, discussing restitution and reliance with grandpa Williston. I think you better go salvage the situation. For some reason, they're in an intense debate about some guy called Vickery." Realizing the strict disciplinarian that grandpa Williston was (he always stuck to his contracts) I entered the next room and tried to mitigate the debate. After things cooled off, we all went into the living room. Uncle Corbin was there, viewing some rare vases on thetable. He kept restating the beauty of these vases and suddenly, one ofthese fell from his hands and broke. "That's my precious vase," I exclaimed. "No amount of damages will bring it back. It's unique." I thought for a second about suing under specific performance but abandoned the idea in good faith As it approached dawn, everyone was tired and exhausted. What a party it had been! Suddenly, I heard a knock on the door. It was Dr. Hawkins wondering if any of us needed help. This was too much of a nightmare... I awoke in a cold sweat. Graduate Group Seeks to Resolve Conflicts by Bob Reschke The Graduate Group on Cooperation and Conflict Studies is an interdisciplinary group of faculty, graduate and professional students interested in cooperative behavior and conflict resolution broadly defined. Members presently on the roster come from five Faculties. The group receives financial support from the Vice Provost for Research and Graduate Education and from external grants. The purpose of the group is to encourage and facilitate research and interdisciplinary dialogue about the theories and strategies having to dowith (a) the prerequisites of cooperation, and the risks of payoffs of cooperative behavior in various sorts of circumstances, and with (b) resolving or managing different kinds of conflict, and in particular factors which promote integrative or cooperative solutions in contexts of divergent interests. The group also (c) facilitates public service concerned with promoting cooperation and integrative dispute settlement, by maintaining contact with external groups and associations in the fields of dispute settlement and peace research. Contacts outside the University have been established with the Western New York Dispute Settlement Center, the Alternatives to Violence Project, Inc., and the NYS Martin Luther King, Jr., Institute for Nonviolence. The Graduate Group on Cooperation and Conflict Studies is currently sponsoring an ongoing series of informal colloquia, known collectively as the CCS Forum, where faculty and graduate students can introduce research projects and present papers in a friendly atmosphere. Group projects for the 1990-91 academic year include: (a) the CCS Forum where faculty and students introduce research projects and present papers in an informal setting; (b) a New York State Student Conference entitled "Nonviolence in a Pugnacious World" scheduled for April 26-27, 1991; (c) a Miniconference on "Case Studies in Cooperation;" and (d) the formation of a newsletter. Upcoming presentations will include the preliminary defense of a doctoral dissertation on arms races and disarmament and thetrialrun of a group report oncooperative learning which will then be given at a nat ional conference in the spring. The group is interested in sponsoring additional presentations either alone or with the co-sponsorshp of academic departments or special interest groups. Any individuals interested in an opportunity to present their research are urged tocontact Bob Reschke in the Political Science Department, 413 Park Hall, or by calling 636-2166. Tuesday, October 23,1990 * The Opinion 9 �The Lowdown on Getting Down by Darryl McPherson Staff Writer Today I'm going to discuss a subject that probably touches each and every law student. While it is not a sensitive topic, just the mention of it has been known to stir the average student into a frenzy. And I'm sure everyone has an opinion about it. What is it I'm talking about, you wonder? Parties. From orientation on, an incoming law student is told to be ready to party. They come in various forms, from potluck dinners to major league beer bashes. These activities are a necessary release from the tremendous stress created by our legal studies. Parties are so important to the law school community that even the SBA throws one every year. Usually, all that's needed is an excuse to throwa party, but even that isn't a requirement. Birthdays are usually good, but there's a problem with timing. Maybe it has something to do with Libras and the scales of justice thing, I don't know, but there were a bunch of birthdays jammed together in late September and throughout October. A surprise party was thrown for a friend of mine on a weekend, but her birthday actually fell on the following Monday. While everyone celebrated regardless, it's generally nicer to have the party on the actual day. Ironically enough, two other parties were taking place on the same night. most, if not all, law school parties. I know that I'm not the only person who's noticed that there's never any dancing. And I don't understand why. Those who attend these parties are young, and appear to be healthy. It's not illegal to dance in Erie County. So what's the One was thrown by the Federalist Soci- ety, and the other was Rodger Doyle's. I couldn't make the Fed party, but I did manage to check out Rodger's. And so did everyone else. I don't think I've ever seen so many law students at one party that wasn't held at a problem? bar. Rodger "Malcolm Forbes" Doyle has a rather large house that's conducive to throwing huge bashes. Apparently he doesthis every once in a while, but this was my first. He had a real mix of people, too. Unless a student group isthrowing it, generally those assembled are comprised of people from the same year. I find that having a reason for the party helps its attendance. Law students are always busy, and I think it's easier to rationalize blowing off work if you have the slightest hint ofan excuse. One of the biggest fears when throwing a party isthat no one will show up. You sit there with all this food, beer, and pop, and you wonder how popular you really I'm an earlyarriver usually, and I've seen the anxiety. Fortunately, people do show up. After all, these are law students we're talking about. At the end of last semester, I threw a party at a friend's house for Section Three to celebrate the end of the school year. When planning that party, I tried to think of everything. I wanted every base covered. Atthe risk of sounding immodest, I've been told that it was one of the better parties thrown last semester. But it didn't have everything. It lacked an element that's been missing from I know some people can dance. At Nietzsche's, law students have been known to move their feet to the reggae beat. And I've seen some serious motion at Garcia's. But outside those club walls, the biggest activity is lip flapping, usually on somelaw related topic. Yawn. Eitherthat, or some adventures in creative drinking, a la games like "Sink the Titanic" (if you don't know what that is, askaround, I'm sure someone will gladly educate you). I also know some people want to dance, but don't. I suppose the fear factor has something to dowith it. People are hesitant to be the first on the floor to shake their booties, so it's not surprising that dancing isn't a commonoccurrence. Furthermore, few parties actually make accommodation for dancing in the first place. The conditions, I think, have a lot to dowith it. At my party, though the music was relatively conducive to dancing, the atmosphere wasn't. Most of the people were outside (it was a warm night), and despite the relief of having finished our first yearof law school, we weren't happy enough to be dancing in the streets (we're law students, not the cast of "Fame") Also, there are somany varied are. CONGRATULATIONS Tara Burke, Kathleen Welch, and BPILP!! At the Second National Awards Cerenony and Banquet sponsored by NAPIL, wo awards were given to UB Law representatives: *The award for the NAPIL member jrogram with the greatest growth (for a jrogram under $25,000), was given to XJrveryownßPlLP. BPlLPfundraising efforts, which are geared exclusively owards providing summer grants to UB aw students working with local legal services agencies and other public merest organizations, experienced a 300% growth. Last year weraised more ;han a $25,000 total. Way to go! An award was given to Tara Burke for ier role as an Outstanding Grant Recipient. Tara worked last summer, and continues to work for, the Volunteer .awyer's Project in Buffalo. Tara implenented an innovative program which ecruits local pro bono attorneys to rep- «• Confirmation /"• *-y Hearings tt really Went... Q 10 Tuesday i-flfi ...... . and thoughtful manipulation of contaminated instruments will prevent accidents. Practices/such as not recapping used needles and storing sharps in puncture resistant containers, allow the caregiver to control risks through his own caution. Finally, estimates of the number of seropositive individuals in the United States range from 500,000 to 1.5 million. Even if the lower estimate is correct, we can inferthat most metropolitan dental offices have knowingly or unknowingly treated seropositive individuals. This dramatically demonstratesthe safety of the dental operatory in this % country. Even with the large number of infected patients who have obviously received treatment, there are only two documented reports of seroconversion of dental personnel, not part of a high risk group, who have used proper bar- That's the craziest thing I evva hoid' why, i have the mind to join a club and beat you the head with it! |!>ver X* ...Dave, is it true your boyhood idol wasn't Cardozo or Holmes, rather, Groucho Marx? .0..'... 1990 The Opinion _<:. tional memories. On Saturday the 27th, Nicole Moss is throwing a Halloween party, complete with costumes. It promises to be an interesting affair, and I'm sure it'll be something to remember. This party has a gimmick,and that in itself sets it apart. Now every party can't be sense-shattering, so don't be discouraged from having a party (as if anything I said would stop someone from partying). All efforts are appreciated, and a definite part of the law school experience. The SBA is working on ideas for the next big social event. If you have any ideas, grab your elected class director, and let themknow what you think. If you don't know who your directors are, shame on you, and put any suggestions in the box on the SBA door office. The party is for you, the law students at U.8., and you have a say in how it's to be done. Personally, I'm pushing for lots of dancing. continued from page 3 "Attorney oftheMorning"program, there was no organized pro bono effort to represent tenants who cannot afford legal representation. *Kathleen Welch was elected the president of NAPIL Board of Directors. Last year she served as vice-president. She will be representing the organization in a variety of forums, including the American Association of Law Schools annual meeting in Washington, D.C. in January. In addition, Kathleen Welch will continueto coordinate the NAPIL Board of Directors and its Executive Committee. These include four other student officers, as well as five other non-student representatives from the public interest law community, the legal education community, and the private bar. •I Dancing is a sure sign that everyone is relaxing, and for once I'd like to see an attempt to shed the uptight law school image. Otherwise, everyone just stands around, drinks, and makes small talk. Though these things allow for a chance to unwind, it doesn't make for excep- Dentists and AIDS resent tenants in eviction proceedings before the Buffalo City Court. Prior to Tara's summer efforts to implement the HOW the Senate tastes in music that it's hard to find something everyone will agree is good. Yet there was room inside and nobody danced. I expect the fear factor was in effect, and I'll admit I didn't do anything to encourage tripping the light fantastic. But whenever I see a party depicted in the media, people dance. . I 4lBBl&. '"' "^lB^a j 111 ~ / \J L J mßf) Jtmk Wl jj Ml jd. y,^ *■ ■ ■ rier controls (gloves, mask, eyewear, gown) and no reports of patient to patient seroconversion. It appears dentists who refuse to treat AIDS patients do so for reasons other than a rational fear of infection. The need for personal assessment becomes obvious when one considers the difference between dangerand fear. Theyrelate inconsistently. Danger, an objective property, may elicit the psychological response of fear in some, but not others. A reasonable danger, therefore, has to be based on the response of most persons to any situation and not a dramatic response by a minority. We cannot allow an unproven fear of contagion to supercede the clinical reality. Editor's Note: Mr. Gary is a practicing dentist and third year law student. Q. ~„ -What is your position with respect to schools banning Bart Simpson T-shirts? �The Docklet lOsdfsdsdfat THANK YOU FOR YOUR ENCOURAGING RESPONSE TO OUR FIRST APPEAL FOR MEMBERS. THE BAR REVIEW COLLECTIVE NEEDS YOUR HELP. IF YOU HAVENT ALREADY SIGNED UP, DO SO NOW IT WILL DO YOU NO HARM. ALL WE ARE ASKING FOR IS YOUR SUPPORT IN BRINGING THE OUTRAGEOUS PRICE OF A BAR REVIEW COURSE DOWN. YOU WILL NOT BE COMMITTED TO TAKE THE COURSE THAT THE COLLECTIVE CHOOSES IF IT IS NOT THE ONE YOU WANT. NO MATTER WHAT, YOUR CHOICE WILL HAVE TO LOWER ITS PRICE TO COMPETE. — ALSO - WE NEED A LITTLE HELP FROM A LOT OF PEOPLE IN EACH CLASS TO KEEP THIS THING ALIVE. CONTACT RODGER DOYLE OR JIM MONROE AS SOON AS POSSIBLE. - WATCH OUT, COMPLACENT BAR COURSES ITS HAPPENING! 'Taking Care: A Seminar on the New Health Care Agents and Proxies Act, Living Wills, and Health Care Decision Making." What: When: Where: Lowdown: What: When: Where Lowdown: Lowdown: A Panel Discussion on the Energy Crisis. Tuesday, 10/23, at 7:30 pm. First Floor Auditorium, Allen Hall (near the Park and Ride NFTA parking lot on the UB Main Street Campus.) A panel discussion on energy policy, the Middle East, environmental crises, and our American way of life. What: When: Where: Opinion General Meeting. Wednesday, 10/24, at 3:30 pm. Opinion Office, 7th Floor. What: Tradition, Transition, Revolution: Voices of Women in the Middle East." Wednesday, 10/24, at 8 pm. UB Harriman Theatre on the Main Street Campus. Staged readings followed by a .public dia logue with two middle eastern playwrights. Call 636-2575, or 875-6678 for more info. When; Where: Lowdown: What: When: Where: National Lawyer's Guild Meeting. Thursday, 10/25, at 6 pm. The Central Park Grill, on Main Street near Fillmore. What: When: Where: Lowdown: Betty and Alan's Section 2 Halloween Party. Friday, 10/26, at 6:30 pm. 52 Rosedale Avenue Open to section 2 who come clad in costume. ON NOVEMBER 1. 1990, A SPECIAL EVENT WILL BE TAKING PLACE AT OUR LAW SCHOOL... WARD STONE, NYS DEC WILDLIFE PATHOLOGIST, will be speaking 0n... "POLLUTING MOHAWK LAND: PROBLEMS AT AK- WASASNE." THIS ISA ONCE INALIFETIME CHANCETO MEETTHE ENIGMATIC BULLDOG OFTHE DEC, THE MAN WHO CAUSED SO MUCH GRIEF FOR POLLUTERS THATTHE DEC AND THE GOVERNOR TRIED TO CUT HIS BUDGET. BUTTHE OUTCRY FROM THE VOTERS IN NEW YORK SHOWED CUOMO THATWARD IS A FORCE TO BE RECKONED WITH! WARD WILL BE SPEAKING ABOUT THE AKWASASNE RESERVATION, LAND SO POLLUTED THAT THE NATIVE PEOPLE CAN NO LONGER CONTINUE THEIRTRADrnONAL WAY OFLIFE. FIND OUT WHAT IS AND ISNT BEING DONE TO HELP THE MOHAWKS. WARD WILL BE SPEAKING ON THURSDAY, NOVEMBER 1,AT 6 PM, IN ROOM 109. FOOD AND DRINK WILL BE AVAILABLE BEFORE AND AFTER THE PRESENTATION. Resume Writing Sessions. Monday, 10/29, at 2 pm and Friday 11/2 , at 12:30 pm. Rooms 109 and 106, respectively. A chance to brush up on your resume writing skills. Training Session for Advocates for Victims of Domestic Violence. Thursday, 11/8, in the evening. To Be Announced. What: When: Where: Buffalo Environmental Law Society Bake Sale. Monday, 11 /12 in the morning. In front of the law library. What: What: When: Where: Saturday, 10/27, at 8:30 am. Moot Court Room. Presented by the Erie County Bar Associa tion. When: Where: What: When: Where: Lowdown: Second Statewide Labor & Environment Conference Friday - Sunday, 11/16-11/18. SUNY College of Environment and Forestry, Syracuse. A meeting of activists at a major educational conference to build a movement for labor and environmental justice, (for more info., contact Andrea Sammarco, # 512.) II I *** MANDATORY *** | j ( I I Treasurer's Meeting of ALL LAW SCHOOL ORGANIZATIONS THURSDAY October 25th 6 P.M. SBA Office I j J| wmm///////////w^^ i The Deadline for the next issue of i ; The Opinion is October 29th at s:oopm j j \ Please submit articles to box 677 or 808. Tuesday, October' 23, 1990 • The Opinion 11 �New "fork Bar Review Course Summer 1990 Enrollments 4#500 uLIQjQvITaJaI BAR REVIEW PieP er i" 2,200+ I I All other courses 250+ | I combined j Again this summer, BAR/BRI prepared more law school graduates for the New York Bar Exam than did all other bar review courses combined. BAR REVIEW ■ New York's Largest and Most Successful Bar Review Course � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Opinion, 1990-10-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Vol. 31 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/23/1990 Bibliographic Citation A bibliographic reference for the resource. Recommended practice is to include sufficient bibliographic detail to identify the resource as unambiguously as possible. 31 6 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Type The nature or genre of the resource Newspapers Text Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. 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