Voir Dire Vol.6, No.3 Associated Students of Hastings College of the Law

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11-15-1966 Voir Dire Vol.6, No.3 Associated Students of Hastings College of the Law

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"To deprive a man of his opinion is to rob posterity and the existing genera- tion. If it be right, then they are deprived of ex- changing error for truth. If it be wrong, they are dleprived of illuminating the impression of truth as it collides with error." -JUSTICE BRANDEIS Hastings College of the Law ber 15, 1966 3 San Francisco, California tire Nvm Volume 6, No. "JAKE' IMPANELS JURY-- ORE By PAUL ROGERS used by judges and lawyers Last Friday, November 11th, San Francisco' s own color- as courtroom guides. Such ful trial lawyer and legal author Mr. J. W. "Jake" Ehrlich works as What Is Wrong demonstrated to a capacity audience how to impanel a jury. With The Jury System, The At his own suggestion, and in an effort to more fully explore Lost Art Of Cross-Examina-.. his subject, Mr. Ehrlich will return to Hastings to complete lion, The Educated Lawyer, his labors. I believe his and The Contested Divorce whole audience affectionate- less noted for his varied prac- Case give evidence of his ly anticipates this soon to be tice in the field of civil litiga- practical mindedness and of announced r e t u r n engage- tion. During this time he has his attempt to help raise the ment. also authored at least eleven effectiveness of the legal pro-, THE SPEAKER books devoted to the histor- fession. Since Mr. Ehrlich was ad- ical as well as the philosoph- .Mr. Ehrlich's competence mitted to the Bar in San ical1 analysis of the law. as a scholar is exhibited in, Francisco in 1922, he has be- WRITINGS The Holy Bible And The come one of the country's His Ehrlich's Blackstone, Law, and in a series of his most celebrated trial lawyers. Ehrlich's Criminal Law, and. essays with the apt title of Although his reputation as a Ehrlich's Criminal Evidence A Reasonable Doubt. He has colorful criminal lawyer is are standard scholarly legal written an autobiography A widely known, he is nonthe- works that are frequently Life In My Hands, and he has been the subject of NBC's television series Sam LAW FORUM Benedict, which has depicted, some of his civil and criminal litigation experiences,, SCHEDULE He is also the subject of the Friday, December 2nd, in classroom B at 11:30 a.m.: Jack biography Never Plead, F. Woifrom, a retired Vice President of General Mo - Guilty. tors and general manager of its Oldsmobile Division, will speak on the newly developed science of "Coin- Mr. Ehrlich continues to municology." write for the University of Friday, December 9th, In classroom B at 11:30 am.:- Mr. California's Continuing Edu.- Norman Macleod, Esq., a noted British solicitor, will cation of the Bar series, as speak on "The Judicial, System and Legal Professions well as for the American California Justice Mosk in England." Jurisprudence Trial Series. He is much in demand throughout the U. S. as a speaker before Bar Associa- tions as well. as law schools. He is well known for his civic mindedness, and just this November he was honored as the City of Hope Man of the Year. THE DEMONSTRATION' Working w it h fourteen, -Continued on Page 2 MOSK LOOKS AT CRIMINAL ADMINISTRATION By PAUL ROGERS matters are judicial problems- not voter or political problems." Justice Stanley Mosk of the California Supreme Court He opined that "judicial deci- addressed. the Hastings Law Forum on Friday, November sions are not dictated by the will 4tb, on the topic of "Court Decisions: Effect on the Admin- of the majority but by the law, istration of Criminal Law." and they are decided not by Justice Mosk is a graduate of the University of Chicago popularity but by constitution.- School of Law, and he was ad- ality." He exhorted the legal mitted to the California Bar in years and nine months as Cali- community to explain the judi- 1935, From 1939 to 1942 he fornia's Attorney-General wa s cial process to the populace so s e rv e das executive secretary appointed to the California Su- that they will have some basis and legal -idviser to Governor preme Court on September 1st, for a rational understanding of Olsen, In 1943 he was appointed 1964; and he has authored many this "current hysteria." to the Bench as a Judge o1 the of the Court'o important deci- Justice M o sk also addressed Superior Court in Los Angeles sions since that date, as well as himself to the current criticism ,where he served until 1959. In frequent contributions to 1 a w "that courts are handcuffing the 1958 he was clected Attorney-, journals. administration of justice by their (leneral of California w it h THE ADDRESS recent criminal case decisions, with reference to the recent U.S. la rge pluw -ahity, and was re- Before a capacity crowd, he -0ected in 1962. addressed the Hastings Law For- Supreme Court's Escobedo and AUTHOR ATTORNEY um on two miain themes: the Gideon decisions. He felt that As Aitorney-Cieneral he issued current hysterical rightwing at- law enforcement has not broken nearly 2,000 written. opinions, ap- tacks on the Justices of the Call- down, but in fact has been con- peared before i',he U.S. Supreme fornia Supreme Court; and the siderably helped by these deci- Coiurt i, 01c: Arizona v.(Cali- supposed "S)OftnSS" of the courts sions. Justice Mosk stated that hernip water , and argued on criminals. this criticism is not borne out other landmark matters before Justice Mosk assailed the cur- by the facts, and he cited statis- the California Supreme Court. rent movement afoot to rebuke tics to support his contention. 1-e also was the author of some the California Supreme Court Over the period of 1959 to 1965 of California's most progressive Justices by a no vote in this No- the n u m b e r of defendants legislative p:ropocals in the field vember's election. He labeled it charged with felonies in Cali- (/1 criminal law, Senator Ervin as a "Plot by the right-wingers fornia has considerably risen; of 'North Carolina, on the floor and Birchers who are upset by yet the pereentage of court con- of the Senate, referrled to Mr. the Court's recent unconstitu- victions has remained at a con- Mosk as "one o-1 the finest con- tional. ruling on Proposition 14" stant 84 to 86 percent level. He stitutional IawverS, in the United (thus nullifying the 1964 refer- opined that "the administration' States." (Cong, Rec., Aug. 5, endum on the fair-housing act of justice has become more ef- 1964, p. 17523) which was approved by over a ficient and effective in convic- B~ENCHI 2 to I majority of the voters). He tion and administration as a re- '14 Mosk, after serving five d e c I a r- e d that "constitutional '-Continued on Page 14 San Francisco Attorney "Jake" Ehrlich Page 2 Hastings College of the, Law Tuesday, November IS, 1966

Separate national meetings Madden Addese next spring will expLore the relations between the professions of law and medicine and" the economics of law practice. MEDICOL EGAL SYMPOSIUM Sponsored jointly by t h e American Bar Association and the American Medical Associa- tion, the second National Medico- La..bor LawSemiinar legal Symposium in Miami March 9-11 will provide a forum for discussion of common interests and for solution of inter-professional differences. PASTWLRJ HE-A& ITOYALA. Sessions- will cover roadblocks in miedical-legal communication, the physician as a legal client, legal rights of the mentally ill, (Editor's Note: The following is an address of Judge J. dustry or labor. The experience of this board was completely and legal therapy for health-care Warren Madden., delivered at the Luncheon Meeting of the frustrating, though educational. It functioned until May, problems. Section on Labor Law of the American Bar Association, 1935, when the Supreme Court held the Recovery Act un- LAW OFFICE ECONOMICS August 9, 1966, at Montreal, Canada. Professor Madden was constitutional. But in the meantime, Senator Wagner, recog- The ABA Standing Committee worthless, intro- on Economics of Law Practice the- first Chairman of the National Labor Relations Board, nizig that Resolution 44 was substantially will sponsor the Second National serving during the years 1935-1940.) duced a bill similar to his 1934 bill. Again, extensive hear- Conference on Law Office Eco- by ings were held and the same opposition developed. Leon nomics and Management in New THE HONORABLE J. WARREN MADDEN Keyserling, the Senator's Administrative Assistant who Orleans April 7-8. worked intimately with the Senator on this project, writes., These problems of partnership Professor of Law Hastings College of the Law ...the legislation was opposed by organLzed industry with a will be discussed- recruitment force and fervor and expenditure of funds perhaps unparalleled, and training of young lawyers. You have honored me by selecting me to address this 1t was veheme Afly opposed by almost all of the pres-s, ranging fr-om achievement of partnership sta- gathering of lawyers who have a special interest in labor the persistent opposition of the New York Times to less respon- tuis, organization and administra- law. Your doing so may have some of the connotations of a sible tirades of less circumspect journals. It was roundly con- tion of legal work, compensation demned by so eminent and sincere an editor-i-alist as Mr. Walter associates and partners, de.- posthumous award. It is, after all, twenty-six years since I of last had any intimate connection with labor- law. I cannot Lipmann, who said: "If the bill were passed, t could not be made velopments in legral equipment to work . . . It is preposterous to put such a burdeno upon mortal. and gadgetry, and the use of therefore bring any light to bear upon the current problems men ... The bill should, I believe, be scrapped." computers in estate planning,. tax with which you will deal in this meeting of your Section. work, and law firm finances. Frank R. Kent of the Baltimore Sun called the Seinator HISTORY a "labor addict" for championing the bill. Some left winq It is good for the participants in any institution to think labor spokesmen opposed the bill because iii would lead to about and talk about the history of their institution, even government intervention in unionism. though they have done so so often that this folklore is en- NO OFFICIAL ENDORSEMENT tirely familiar to them, and may have becone a bore to their In the presence of the President at the White 1-buse C.,otnued from Page 1- non-interested. friends. Your institution, the law of Labor student volunteers as pro- influential senators asked Wagner to withdraw the bill. Only Relations, has a Founding Father, Senator Robert F. Wagner after the bill's passage by the Senate, and when it seemed, spective jurors (twelve plus of New York. Starting as an immigrant boy from Germany. in a murder- certain that the House would pass it, did the Pr-esident give two alternates), he found in the City and State of New York the opportunity it his endorsement. No member of the President's cabinet, case, Mr.. Ehrlich demon- to forge for himself a career which culminated. in his service the techniques', tac- or of his brain trust, gave Wagner any help in. getting the strated for several terms in the United States Setiate. There, par- bill passed. And Keyserlingr points out hft "' mthf tics, and psychology of ob- ticularly during the critical periods of the Groat Depression, t:aining " on~cienntius and memoirs, in which they admitted participation -in great ac- he brought into being more important and enduring legis- complishments of the New Deal Era, none claimed any credit lation than any other member of Congress has done in our for the Wagner Act. To again quote Keyserling history, Of this legislation, the statute which, in common While it is true that his (Wagner's) proposal could not have speech, bears his name is, of course, the one which is the become law in the political climate of 1928, Djii per-haps -in the foundation of the imposing structure of laboi- law in the climate of 1938, it is equally true that there would never, have United States. been a Wagner Act or anything like it at any timte if the Senator, had not spent himself in this cause to a degree which almost Something of the story of the enactment of the Wagner defies description. Act should be recounted here. The new administration had FREEDOM-AFFLUENCE come in in March, 1933. In June the National Industrial Re- The Senator's hope was that his law would make Atnern- covery Act was passed. It provided that the various in- can working men free, by permitting them to join, forces dustries could establish codes providing minimum wages with their fellow workmen, instead of standing alone and and maximum hours to prevent cut-throat ccmpetition. The insignificant; that it would, in time, make them and their Act contained Section 7(a), which provided that every code country affluent, by creating a great mass purchasing power have the cause. should contain a provision that employees should for the products of American industry. H,-, was right on "When you are impanel- right to organize and bargain collectively through repre- both counts. ling a jury, you are educat- sentatives of their own choosing. The President, without PASSAGE ing the jury in your favor any statutory authority, appointed a National Labor Board The Supreme Court, as we have seen, invalidated, the about the law concerned and consisting of distinguished representatives of labor and of Recovery Act in May of 1935. Congress was anxious to do about how you size-up the industry, with Senator Wagner as chairman. Section 7(a) something, and doubtful as to what it had power to do. It case-and you are training created no enforcement machinery. was aware that if it passed an unconstitutional law, the them to think with you. You COLLECTIVE BARGAINING Supreme Court would correct its error. So Wagner's bill was are also laying the founda- In spite of the low level of some 3,000,000 to which union passed by Congress on July 2, 1935, and signed by the Presi.- tion for them accepting your dent on July__5.-Its provisions!are familiar to you, for the witnesses testimony."y GOOD JURY Through a do and don't method of instruction, Mr. Ehrlich gave rules, procedures and techniques of how to 'best present yourself as your defendant's counsel. He reminded the audience to 'never forgot that the juror is a semi-voluntary member and to make him of the court, by court decree. Extensive -hearings were held in the Senate receptive to you, treat him Re- He also Committee. Wagner urged that the National Industrial as your equal." covery Act was having little success due io the lack of mass T was, at the time, a teacher of Real Property at the opined that all of your ques- University of Pittsburgh Law School. I knew no mnore about pur- purchasing power because of low wages and high unemploy- tions have a definite ment; that section 7(a) was not being obeyed. and contained the Wagner Act than what was printed in Pittsburgh news- pose., and one of their pur- papers and in Time magazine. I had, by the sheerest of acci- your no enforcement power. Industry's spokesmen were unani- poses is to establish mously opposed to the bill and it became apparent that it dents, served in 1933 on a Pennsylvania Covernor's C__oni and your witnesses credu- mission, appointed to investigate a remarkablo Pennsylvania Erlich continually could not be enacted at that session. As a compromise, lence. M~r. Congress in June, 1934, enacted Resolution 44, which au- institution known as the Coal and Iron Police, and in 1934 stressed the importance of as arbitrator in a rather dull contract -renewal arbiti-ation jury (your thorized the President to establish a board or boards to in- getting a good vestigate situations relating to section 7(a) of the Recovery between the Pittsburgh Street Car compary and its em- jury) "as it is a sizable part ployees. About August 20 I received a telephone call, fromn your case," as all Act. The only power, other than the -power to investigate, of winning given to the board by Resolution 44, was the power to con- the Solicitor of the Department of Labor, speaking for the your legal fireworks come to Secretary, asking me to come to Washington that after-noon if you don't select a duct elections by secret ballot to determine the choice of naught, employees of representatives for collective bargaining. and talk about a place on the new Labor Board, My wife and good jury. (Note: this article children were excited, as was I. My visit with the Secretary will be- concluded when Mr. RESOLUTION 44 BOARD before dinner occupied about a half-hour. Shec spoke of two Ehrlich delivers the second The President promptly appointed a distinguished board half of his demonstration.) of three men, none of whom was a representative of in.- -. Contied oo Paqe I r. loAft Hastingslaw College of the L.-aw Page i ue~ciay 1titiumjIw Calle)Ae at tou L Page

loan . )MAI -ARM~UW W ~ - - ~ N V 0 AV--I& NEW NEW w 'I qqiw AW Im mmmmmp mmkow- ow VMS -ROMEW-wmor- r t(lo??aied from Page 2- The brief was an impertinence and was probably so re- whom she had talked about the Supreme Court. good men who knew me and to garded by Law student i-epresenta- me. I told her I knew practically nothing about Labor Law, was STRATEGY tives from- six lawv schools InI that I was a teacher of Real Property. She said that Kansas. We agreed to meet In spite of the condemnation of our statute by important Texas, Oklahoma, good;- that I would have no prejudices. Nebraska, and, Tennessee at her house. At that meeting she lawyers and editors, it was not for us to thrtow in the towel. again at ten that night our- gathered in Ok7lahoma City. she was authorized to offer me the chairmanship of But careful maneuvering was called for, lest we find told me case. That had October 19 to 22 for the South- the Board and the five year term. She told me who my col- selves in the Supreme Court with a weak Schechter Poultry case western Regional MR1eetincf of the leagues would be. They were economists and had had prac- happened to the Government in the Bar Association. The had invalidated the National American in labor relations. I accepted the Secretary' s in which the Supreme Court prog,,rC&m o ffere d lawN?- ical experience as the four day of fer. Industrial Recovery Act. That case became known yers and law'.vtudents a busy "Sick Chicken Case." Our staff people were able to settle schedule of Subs'Lantive seminars, unions not to press such CONFIRMATION unimpressive cases, or persuade speakers, and _:ccial events cul- cases, in order to protect our Supreme Court strategy. We minating, in . ttcndance at the Let us remind ourselves of the time a~nd effort and were fortunate as well as careful, and in due time reached N o t r e Da-me - University of thought and sacrifice which Senator Wagner had invested the Supreme Court with five cases which fairly presented Oklahoma aiinuajl football clash in the statute for which he had such high hopes; of Walter the constitutionality of our law as applied to a variety of on Saturday, Or tober 22. Lippmann's statement that the statute could not be made to situations. SEMINAR to put such a burden upon work; that it is preposterous DECISIONS An informative seminar pre- men. So reminding ourselves, what is the explanation prepared by the ABA mortal Court scntation for selecting the operating engineer of this delicate piece But our cases were not argued in the Supreme Committee on Economics of Law so complicated, as Lippmann said, that no until February, 1937, and important decisions were being Practice topped the program on of machinery, de- human being could make it work, by a process about as made by that Court in the meantime, some of which Thursday morn-ing, October 20, In January, a r s and Sense casual as the picking of a name out of a hat by a blind man. cisions were not at all promising for our project. Entitled "D v)IF, 1936, the Court held, the important Agricultural Adjustment Techniques -of Law Office Man- I know no explanation. But having in mind some professors, fea- who have Act unconstitutional. That case did not involve labor, and agement" the presentation as well as some business executives and lawyers, tured Richard, B. Montgomery of to Washington, I think that, considering the method the Government was relying on the taxing power rather than gone that the New Orleans as moderator.,-Pan,# of selection, it is not immodest for me to say that the result the commerce power. But the decision did show Turner the Con- elists included Meredith could have been worse. Court was still relentless in narrowly interpreting of Springfield, Missouri. J. N. The President sent the nominations to the Senate, which stitution. In May of 1936 the Court had the case of James DeMoe (Hastings '58) of Santa in- was on the eve of adjournment, having bepri held over for Walter Carter v. the Carter Coal Company, which did Rosa, Califo-inia, Gerald C. Snyd- a time by a one-man filibuster by Senator Huey Long. The volve statutory wage-fixing and price-fixing in the depressed er of Waukeg,,,Yi Illinois. and names of my colleagues were favorably known, and mine coal industry. The opinion repeated. earlier statements of the William J. Fuchs of Phila- so the Senate confirmed the nominations Court that manufacturing was not interstate commerce but delphia, Pennsylvania. was unknown, At a noon luncheon on Friday, without (debate. preceded such commerce, and applied. the same rule to mining. We were greatly discouraged by the Carter decision. October 21, Sargent -Shriver, di- tried to cheer i-ector of the Office of Economic FIRST MEETING One of our staff who had a talent for rhyming assembled sang to Opportunity, told the us up by composing a song about Carter, which he lawyers and -lw students that The Board's first meeting was on August 27. 1 there be- the tune of "The Wreck of the Old 97." I shall not sing it, . . . .'Most Americans have came acquainted with the staff of' people wl.o had served but the words were as follows: come to recog~nize that nothing is the Resolution 44 Board and had, by statute, been retained more important to the success of new Board if it desired to retain them. The T'was the 18th of May our efforts abroad to inspire COn- to serve the birds so merry Resolution 44 Board had set up Regional Offices in some And. the fidence in America's purposes Sancg round the Court, House dour. than what ,ey do -at home. The 20 principal cities of the country. These holdover people Came James Walter Carter y and had been busy making fulfillment of our commitments knew the new statute thoroughl On a writ of certiorari is Their knowledge was of great to the citizens of -our country plans for its administration. A'cryin' that his hurt was sore. essential to our golal of realizing help to the Chairman. The General Counsel of the Resolu- the law's full potential. inter-- '6on 44 Board, Pr~ofessor, later Judge, Calvert M1agruder was Oh, Mr. Chief Justice -and all you Justices nationally." returning to his position in the Harvard Law Faculty, and I've traveled a weary road he found for us Mr. Charles Fahy, counsel of the Petroleum To tell you my troubles, ACTIViTIES AND PROGRAM-S Board, Thus Mr. Fahy and I came to the Labor Board at the And the burden of this is Earlier on Friday the law stu- same time, both withbout the advantage of the "head start" They've hit me with a soft-cool eodc. denlt delegates met separately to three of the, which most of our staff had over us. Mr. Fahy has since hear reports from career, becoming the They's a tryin' to take away my righbt gone much farther in a distinguished To cut- _ __mymIners'-wages-

can Law." A former Attorney General of the United States, Hawaii; ALSA cooperation with But if no bread's forthcoming the President's National Advis- two former Solicitors General, presidents of bar associations, For a wholly local belly, leaders of the bar ory Commission on the Selec- lawyers for great business enterprises, The Government has no control.' tive Service; a-nd the pi-ogress in our principal cities, subscribed to the "Report" and current status of the Indi- This document is worthy of special mention because, I a"4So James Walter Carter vidual Membership Pr-ogram, think, no such writing will ever occur agrain. It was in the You may cut your miners' wages The recent announcement by the form of a legal brief, 132 pages long. Its introduction was a In the West Virgrinia hills. American Bar Association's Law- sumjnmary which concluded with this language: But if price wars ruin you, yer Placement InfLIormation Serv- Considering the Act in the light of our hictory, the estab- Remember that us sages ice concerning a pilot project to, ishbed form of government anid the decisions of our highest Regards those as local ills." p r o v i d le iipplementary place Court. we have no hesitancy in concluding t1hat it is unconstitu- ment assistance to ALSA memn- tional an d that it constitutes a complete deparicrmorcn THE RABBIT beis was also discussed. -tuin]and traditional theor-ies oft governm-.it. as if our law was the law. Per- Our activities proceeded, TEXA-S AND TEENS 'These fifty-eight law yers had rio client. The Board had haps we were, as President Johnson said. when describing to proce,-cd, against any- Representativesc of the Unix er- riot proceeded, nor even threatened which assail him from all directions, "in the legal advice was just broadcast at large the troubles shty of Texas School of Lawx re- one. So this definitive hailstorm, hunkered up and pro bono publico. position of a jack rabbit in a ported briefly to a gathering of taking it." The Supreme Court had held, quite early, that bar association executives and EFFECT our adversaries could not, by injunction, prevent us from lawyers on Saturday. October 22. but that they had to go through the statu- concerning a pilot high school no doubt, did great htarm, not only to holding hearings, The brief, T have Board, visitation project undertaken by resistance to obedience to and en- torily provided procedure and, if they lost before the the Board, in creating the University of Texas student of the law, but to clients of lesser lawyers who, seek review in the 'United States Circuit Courts of Appeal, forcemient in the city of relying on the dictum of the 58 distinguished lawyers, ad- again as the statute provided. The Board and its hearing bar association Austin. The pilot piroject con- vised their clients that they could violate the law with im- officers were frequently charged with being lax about the involved them in expensive litigation sists of presentations by law punity and. thereby admission of evidence. Our statute provided, as was not and. charges for back pay. I think that if any one of these 58 students before higfh school unusual in the statutes creating administrative, quasi-judicial lawyers had had a paying client who sought advice on the audiences designed to acquaint agencies, that wve were not bound by the rules of evidence. question, the lawyer's research would have brought him to the teenagers with the law, the On one occasion, the Board itself was holding a hearing public responsi- the conclusion. that the Act would probably be held uncon- courtroom, and in Detroit involving an important manufacturer of truc-k bility. The Texas report was stitutional, but that there were precedents such as Danbury trailers and. the vice-president of the company was ques- presented -at a special workshop Hatters, Second Coronado, Bedford Stone and others which tioned by Board counsel about the employment of a Pinker- seminar sponsored by the ABA, might lead to the opposite result; that the lawyer could not -Continued on Page 14 Public Relatiaas Committee. give a definitive answer to his client's question. It.

Page 4 Hastings College of the Law 'Tuesday, Novem~ber '15,1966

ties will be vacated for ex- ...... tensive re-modeling. Not un.- til this stage will connecting hallways be bored through to ,join the two buildings. By PAUL, MALONE According to Dean Mun- California voters last week demonstrated that they care ster, no more than 200 stur- almost as much about expansion at Hastings as they do about dents will be added after the obscenity! With passage of proposition 2 the way was cleared or annex is completed, This, he a builcling program here that will see the size of present says, should relieve problems facilities nearly doubled, created by the present over- BOND vators which will reportedly crowded situation The Educational, Bond Is- offer their charms 'to stu- sue will help provide state dents as well as members o-f funds to match a $738,000 the "Magic Key" Club. THE NEW addition pictured federal grant to Hastings un.- REMODELING below will post a 'tremendous der the 'Higher Education After the new structure is contrast to the old Pioneer Act. The money will be used completed the 'present facili- Halli pictured at right, to tear down the old Iris Hotel at 'Hyde and Golden IF Gate, and to construct in its place a 38,000 sq. ft. annex to the present building.1 )S Architectural drawings for the addition have already been made, and completion of construction, accor-ding to Dean Joe Manster, is~ sched- I IIS uled for about 1969. .LL THURBER NEW FACILITIESByMRH The new six-story building A program of expansion is about to begin at Hastings will feature a student lounge with the addition of a new aninex that will nearly double our f ive times the size of the present size,- When "olIdtime .rs" hear about this they will present one, and an angled no doubt marvel at the scho)ol's progress since its humble Moot Court Room in which beginnings 88 years ago,. THE ACT spectators will see counsel 1878 not from the rear, but from I 88we h or On March 26, 1873 the the sideIn17,wethBor California State Legislature The lounge will be of Regents of the University formally accepted Ju dg e equipped with new chaii-s and ot California was only ten Hastings' offer without reser- tables. additional vending years old, it was decided that vation. The act provided: that machines. and even a small UC should have its own law the law college founded would forever be known as stage toI permit transforma- school. Collegiate instruction PIONEER HALL, FIRST HOME OF IIASTUNGS1 tion into a multi-purpose in law was considered a dar- Hastings College of the Law; room for lectures. dances,, ing departure from the of- that the College would be and other social events. fice apprenticeship that was managed by a board of di- ings has been the subject of was followed, by a c'ollateral In addition to the novel the customary means of ad- rectors with the Chief ,Justice litigation, on at least three attack charging that the ('01 curved jury box, the Moot mission to the Bar. of the Supreme Court of the occasions. The first lawsuit lege had no right to award' Court Room will boast aFONE State as President of this Board; the College would be established at the outset that the Universit-y (-4 talitorn~to tiered spectator area similar As the FeoU dER wic degree to a graduate of Hast- 'otainpresent classrooms,. uh eto ywhc affiliated with the University females could enroll on terms to thathin law schuol could be of equality along with males ings. This argument wasre d wasq not well of California and would be LIBRARY esqtaihe the law department thereof; (as was the practice of the jected and graduates -on.- that the Dean of the law University of California). tinued to receive degrees school would be an ex officio Next, legislation to transfer from the, State, which ini member of the faculty of the the control of the College those days licensed graduates University of California; an~t-l to practice law. that the sum of 7 per cent fr,.- the Board of Directors per annum upon the $100,- to the Regents of the Univer- ORPHAN 000 donated by Judge Hast- sity of California was held to For the first seventy years ings would be appropriated violate t h e Constitutional Hastings College of the Law annually to pay the Direc- provision w hi ch declared had no permanent home. 1n tors of the College. that the school should be con- fact, durtng this period. the tinued in the form and char- Law School moved sixteen LITIGATION acter prescribed by the con- different times. Growth is sorted, faculty and. adminis- met what he felt were ap- In spite of the unequivocal tract agreed upon in 1873 difficult Without stability and trative offices, and four ele- propriate terms for the gift, acceptance of the gift, Hast- establishing the College, This it took an extremely able man to provide the neces-, sary ingredient -Dean David E. Snodgrass. DEAN SNODGRASS David. E, Snodgrass hItdq1 been with Hastings since, 1928 when he finst c-aie 6 teach on a part-time bast's Later, in 1936, he becamieAi memiber of the full-time a ulty and was appointed Prci- fessor of Law, Five year,,i after this Protessot., S- grass was mnade Dean of thk Collegle bv the Director-15 65 (ICLUB

Amiong the' first ctrL- . Dean, Snodgrass risttutcd_ the(A idea of the nowx famuouts 65 Club." It was,,hi> laneIV belief that provided a tnine physically' sound and ie-i tally alert. his ahilht 'yto tlw- is enhanced rathet, than higeh den-ed byadvancedI age. Suc men. lhe believed, could tend If! fromn the advantage d Ii tig a 1long per~speOCtive11 C Inew developmi-ents. and a n

m m

m W THE NEW HASTINGS -WILL L OK Page S Tuesday, November 15, 1966 Uastlings College o.f the Law Tuesday. November 15. 1966 Mast)ngs C0IIege .~f the La~7

Odyssey, Tuk es L-olig Way Hom!e Though not by choice, Hast went back to the old Pioneer Underwood B u ild ing; (11) ings College of the Lam, cer- Hall: (4) packed up and set up took our belongings and to the new City Hall; way home. Hall; (5) moved tamnly took the long classes at new Pioneer (12) found shelter in the State B~ef ore settling down to our moved to the old City Hall; (6) Building; (13) transferred to permanent ho m e. pictured. set up shop at Temple Emanu- the Call Building; (14) return- above. w'e traveled from one El: (7) moved to Cooper Med- ed to the State Building; (15) San Francisco location to an- ical College (la te r Stanford moved again, with the Cali- (ther In an odyssey that went Medical School),- (8) opened fornia Building as a forward- ike thiis: Il11opened. in Pioneer school at the Grant Building; ing address; (16) finally set- Hall (top righit); (2) moved to (9) moved to the Wh it tell tled in a home of our own at the- 'ACadenv of Sciences: (3) Building: (10) shifted to the Hyde and McAllister Streets. ST:AG ESET FOR NEW FACILITIES ( a efU4(af':(!PteI, - ) ('e4- qualified veterans in the Pe- the great public interest in riod following World War 11. Hastings College of the Law, N OTORIETX Dean Snodgrass, with the College of the the California Legislature in Hastings able assistance of erstwhile 1951 appropriated $1,750,000- Su (Idde 111 vTbecame a Registrar Arthur Sammis. ar- so'urce- of newsworthy mate- to the Regents of the Ilni- V.MalThe ('"ojlege and its now~ r-anged classes for more than versity for the construction 900 students in. a single year. first per- farfous "65 Club" have ap- of the Law School's The faculty was expanded manent home. This new pe ared In The Ch r i stia n through the use of many dedicated on A'onitor. The New building was Science practiioners as part-time in- March 26, 1953 at Hyde and Y(ork{ Times. Life Magazine, Ne~iswe1111d manN7 Other Structors. McAllister Streets, NEW FACILITIES 'With the new~ addition to Obviously, with the great this buildingr. scheduled for VETS influx of law students. en- completion in 1969. Hastings The reason for much (of largement of the physical College of the Law will have thspositive publicity re- plant was needed in order to all necessary ingredients to futerom the heroic efforts provide tolerable learning become "The College of The So, C. MAST!NGS, FOUNDER oA The college o dItl conditions. Jn recognition of Law,," HONORABLsLE Page 6 Pagel~~~~ifasE6 lags -Colfegor of dhe Law Tuesday,Tedy Novemberoebr1,16 15, 1966 EDIT ORIA L SCENE I: The setting is a smoke-filled basement in the year 1970. There is a small group of toughen ed-looking U D.RVIIE By STEVE BURTNETT men dressed in black raider Editor-in-Chief clothes and hats with boot- Last Saturday afternoon, the Associated Students oft There is minute comfort in knowing that the annual black smeared on their faces. Boalt Hall played host to a most significant conference. It daring ritual we as students of the law refer to as the Battle of They are planning a carried the ominous title of the First Annual California Hastings is looming in the seemingly distant future. But coup-an attempt to break in Conference of Law Schools. The Student Bar leaders of this term connotes a much larger reference to many. For and use the facilities at Hast- virtually every law school in the state were in attendance, ings. The fruits of their labor struck a significant chord -as to the fighting forces in Vietnam, it recalls a recent mission. INSURGENTS it recalls a date in history which recently the destiny of many of us, especially due to the vigorous To historians, turning p oi nt was its nine hundredth birthday, and thereby hangs a The consideration of the Juris Doctor degree. relived sometime back in 1966 when tale. RESOLUTION BRITISH1 HISTORY the firm well-disciplined ad- UNANIMOUS FAMOUS DATE IN forces took their 1066, there occurred the Battle ministration The delegates to the conference were unanimous in their On Oct. 14, in the year f i r s t counter-move against of Hastings-not at Hastings but at Battle, a town several approval of the following resolution: city-which ranks as one the insurgent rebel students WHEREAS, There is a lack of uniformity among the law miles inland from the channel who at that time were able battles in all the world's history. schools as to the name of the first degree in law awar-ded t _ of the most important to get in and use building and The British at times are ambivalent about "1066 and successful applicants; history has f acilities. WHEREAS. Confusion has arisen in the minds of the publiC all that." as the most famous date in English FIRST STEP A recent schedule of events to com- as to the difference, if any, between the Bachelor of Laws (LL.B. come to be known. "We are taking our first degree and the Jur-is Doctor (.J.D.) degree; and the anniversary of Battle included scholarly lec- memorate these unruly a ficst as well as an all-night step in teaching WHEREAS, Both of these degrees normally signify tures and a re-enactment of the battle, students how to become professional degr-ee in law;, and rave, a Heinz Soup competition with archers, and invasion adults," stated Dean Bait. WHEREAS. Graduation from an approved law school requires something called a pipkin-drinking contest. "After all, most of them are the successful completion of a course of study substantially abov

coin-operated urinals. Next, -Continued on Page 8 we'll close down the library because a situdent was found talking in there. I'm sure it The Mastings was a rebel c o nsp ir a cy. Then we'll '['x the machines in the lounge to run out in mid-morning instead of Althiough faculty reaction to the- J.D. within the 'Univer- vioir(Dire mid-afternoon. This will be sity of California legal community runs the gamut, from tough because we are only apathy and negativism to sincere liking, the administrations EDITOR-IN-CHIEF going to open the lounge for STEVE BIJRTNETT of three of the law schools seem appreciative of the student one hour a day, 6 a.m.-7 a.m. quest for change. Dean Sammis favors conferral of the J.D., ASSOCIATE MANAGING Finally, after we have them EDITOR EDITOR but feels that such a change should be the result of a student weakened, we will put up the "cgrass-root" movement. Dean Halback of Boalt MIKE MILLER JEFF BOLY has re- final piece-de-resistance, a idea," so long as it is evi- Mam-aqer portedly "gone along with the 8Business Manager Circulation 20-foot high wall around the of his students favor the J.D. Dean Dick Fiore dent that a majority Bil Flenniken building. Boy, Oh Boy! Then Maxwell of U.C.L.A. is reported. to also stand behind the ISSUE WRITERS we'll never have to let them J.D. changeover, if it be the will of his student body. Dave O'Brien pesky kids into this place 0, Robert Bercier all, who was this Randy Evans Sheryl Pornerenk again. After NEXT STEP Robert J. Radway place built to serve-them, This leaves the final analysis and workload on us. the Paul Gray or US? Ned Huntington Paul Rocrers law students of the University. Tihe Voir Dire strongly Paul Malone Bruce Silverman urges not only our own student body, which has to date Pat McMahon Marshall Thurber worked tirelessly on this project, but also the student bodies of Boalt and U.C.L.A., to join in a concerted and unified FACULTY ADVISOR drive to win acceptance of the J.D. degree. Today, over half of the law schools approved by the American Bar Associa- Professor Ralph A. Newman tion confer the J.D. The time has approached for the Uni. ALSA President John P. versity of California to fall within this majority. It is true The Hastings Voir Dire is published 10 times a year Hederman of St. John's Uni- that Harvard does not, nor conceivably will not'award the by the Associated Students of Hastings College of the Law. versity School of Law has J.D. within the forseeable future. But, as it was so aptly Permission is granted to reprint any article or column herein, called. upon student bar put by one of the delegates at the recent conference, "As provided that credit is given both the author and the Vcnr presidents and member as- there is no prestige in being in the middle, and as Harvard Dire. Editorial Offices are at 198 McAllister Street, San sociations aeross the country for was not the first to move, Harvard will probably be the Francisco, California. assistance in cxtending law stu- last." Let it not be said that the Californians are bucking dent cooperation to the Presi- our Crimson colleagues for such a "prestigous" honor. The Voir Dire is printed by the Garrett pre"s. dent's National Advisory Corn. -Contintued on Page 8 -Burtnett pose 7, Iav. 15. 1966 Tim Nove~umberV- wpmwlor% w * 4wor w From The President's'Desk INTERNATIONAL FORUM

By7 PAUL ROGERS 'Dean Bayless A. Manning BRUCE SILVERMAN of the Stanford University By spoke Thurs- President, Associated Students School of Law day, October 20th, on "Pro- By ROBERT J. RADWAY T1h( inteme of the American. Law Student Association fessional Responsibility in for the -1966-67 school year, "A Challenged Profession Looks Todays World." Speaking befoi'e to the Future," is most significant in light of today's so- ;a capacity ,.jrowvd, he exhorted Last month's column on the summer at the Hague in the ciety, Senator Dirksen, in the Student Lawyer Journal of them to be cogrtizant that their Voir Dire evoked quite an enthusiastic response, and proof a lawyer and the professional dIut.ies and respon- voked many inquiries about the Hague, an,,d about Interna-, February 1966, stated. "The training sibilities extends far beyond the nature of our society have made the practice of law synony- tional Law in general. Interest was so strong-),. that we have confines of kthe Amei'ican Bar are Mious with public service" At the end of the year's lecture, formed, an Interna-tional Law Society at Hastings, and Association's Canons of Pi'ofes- of our owxn Professor Powell inevitably remarks to his students sional Ethics. He delved par- examining possible affiliation with the American Society Ihat the lawyer's job goes beyond -the knowledge of what ticularly into the nature and the International Law. Mr. James R. Frolik, ' xho teaches the the law is---the lawyer's job also entails looking for oppor- problems of!- h e lawyer client course in International Business Transactions at Hastings, tuities to change the law to conform with the needs of relationship, and the conflict of will be the advisor, and the first meeting xwill be on Friday, contemporary society. interest that is inherent in such November 18th. In addition, I will be wrif'ing1 a continuing a relationship. column on the subject each month in the Voir Dire. Several RESPONSIBILITY WIT graciously agread to serve as ad-, of democracy Hastings Professors have The responsibility for the maintenance and growth D e a n Manning's Intelligent that your interest illI by-pi'oducts of law and order. enures enchanted visors to this column, and it is hoped in OUT'cou)-try. as well as its and witty personality or requests to this column will pro-, Io a- great extent to the legal pr'ofession. The members of the legal his audience, by blending schol- continue, and that letters profession are equipped moi'e than any other grcup in society to arly homilies w,.ith insightful wit. vide the basis for future articles. Any questions submitted, understand the needs of society and implement and administer the Thougrh his tonle was light in will be researched and answered during the course of the laiws needed to fill these -needs. This is why the legal profession spirit, his -lheme was pi'ofound. year, as various aspects of the field are examined and dis- Provides mainy of our jurists, teacheis, legislators, governors, and THEME cussed. Emphasis will be placed on Comparative Law, the top executiv\es, His theme centered about the field of International Transactions (which wiill include Busi- inadequacies of the Canons in Public Inter- COMPL~EXITY ness transactions and Transnational Law), and application tLo todays complex national Law. The laws and problems of regional organiza- Contemporai'y American society has reached a far more complex interrelationships of la wy er- st41ate thani that of her past. That is. Amei'icans are now able to par- tions will be treated within both transaction law and public client-court-and community, presented. Problems think about the "style" of their society. No longer are the basic ticulai'ly in vie'w of the large na- law, depending on the type of question needs of housing, hunger, and employment of prime importance tional law fir-ms with offices in in Private International Law (Conflicts or Choice of Laws)., to over tour-fifths of the American. population. It is because these several states that are composed will be covered only in the context of other fields. It is my basic -needs are to a grreat extent satisfied that we have turned to of several hundred attorneys. intention that this first article serve as a general survey of' examinle the "style" of the American way of life, as Theodore White Not only is thei'e a built in the above fields. c-alls it, or "morality," as Senator Goldwater has called it. Thus, the s e v e r e conflict of interests PUBLIC INTERNATIONAL LAW Complex issues of oui' day are civil rights, crime prevention and among all partics, but the lawyer The principles and theories of international la-w are not new, to the t"Gt-Cmcnt of the accused, obscenity, and legal aid to the indi- must also svark for more than today's civilized, world. The concepts, broadenedj and modified by*/ gent, Providing adequate food for America's population in, no man- one master, ant yet the work the needs of contemporary society, were topics of legal discussions nrapproaiches the legal complexity of the civil rights movement. must be done w ith fairness to all among, the ancient Greeks and Romans, and nhe development, has TODAY'S STUDENT parties with no compromise of been a natural one, dictated by the ever-increasing interactions today's law student ('an no longer ignore these Issues. the law. He stat-cd that there has among sovereigns and the progress of commtinir'Aion. Diffcrent. TIhet efore. society begin in law school to prepare to meet the challenge of been a basic shift in our theories have been espoused, at different tim-es b\ various leal fiec-must or joint v'en- still the tuturi, The law student can not afford to be just legal minded- towaids syndication minds and systems as to the scope of this subj ., t, and there and/or Of pi P he must be socio-legal minded. The pai'ochial era of the country tures, not just public exists a grey area between the more definite _'la5 flea tiunS innegrated ventures world bear bui'ied forever. Within the Hastings environment it is private, but xate and public responsibilities which the nations of the lawyci is everyone in out CeNident th,.at a small percentage of the students ai'e trying to pre- incompassing fto one another, meet the challenge of the future. Both the society. These joint- ventures Necessity for Legal System pare thcrnselxes to our Voung Republicans and the Hastings Young Democrats complicate and. compound. Dean Roscoe Pound stated, "Lack of an international law adiipted Hastings interest amongi all )oxjern is a serious active piog(rams involvingr legislative research, bail recognmi- conflicts of in its fundamental concepts to the world it is o have involved. "-You are not legal rec,,ijme of universal zancepolitical. campaigns, as well as a forum program for candi- parties obstacle to development of an effective

sibility to exercise your special eai'lier, the place to prepare to meet the Def inition As I haive mientioned skills in helpirq; to solve the in- international law,.norI'is future is right in the law school environment. There is no truly precise definition of r-haillcige of the herent problemns." Through this between public aiad private matters should have an Honor Code. As Joe Samuel, chairman of there any nice handy distinction Hasting,-s public contact the people can see law. Questions apparently private become public the ASH fEthics Committee, stated in a prior edition of the Voir of international how a lawyer functions, how the when fortified by matters reaching broadly outside national bounda- Dire, 'Foi uis, ais law students and as prospective members of the is law functions, and just what ries, and thus of concern to sovereign states. Holland's definition hat, an honor system is much- moi'e than a means of regulating involved in the legal pi'ocess. which de- as "4private law writ large" has lost any strength it may once have ('opti.ton exams. We are preparing for a profession "The lawyer should assume a entity., honor in the relationship had. as there is a growing realization of a separate intangrible mends the highest degi'ee of integrity and leadership role, end make out of more than one clients. with theii' colleagues, with the a corpus of 'Law peculiar only to matters concei"ving of its members with theii' the chaos of --.-veryday life an i,a& of states" is an apt, though our leadership responsibilities)." What better place state. "A legal order of the community -oLurStsand in tellectual oi'der." "This is the "totality of mutual ights and duties of to impress this responsibility on the membei's of the legal broad, definition, as is the to begin lawyers job, and t h s is his world" or the "body of rulles and principles of than in law school? Without this basic honesty with our- The lawyer. the nations of the profession piroper functiou.i" binding, on the civilized states." Cardozo Set up a flexible, s;elves anti with othei's, we as lawyers will not be able to fulfill our see action with his special skills to framework when he wrote, "Law and obedience io law are facts eadership r-esponsibilities to society. I urge each of you to lend problems both microscopically every day to us all in our experience 0f life. If the result virii-oppori, to the creation of anl Honor Code at Hastings. is especial- confirmed and macroscopically, a definition is to make them seem illusions, --o much the worse, to, help his com- of NEW SEMINARS ly equipped for the definition; we must enlarge it till it is broaot enough to an- munity, and it Is his duty as a itIt i npei ative that -new seminars he hi ought into the curricu- swer to realities." The Nature of the Judicial Process, (1921), p. in and, classi- ioun, atHastingsAlthough Hastingrs has the finest instruction professional man to do so. 127. But definitions are both. sociological and Juridical, ihe contenit of the law, there is little instruction in the application fications can be made more realistically by taking into accouuit the of that lawl to the needs of today's changing society. A class should economical, political, and cultural aspects of the countries involved. b'e staried, in coopei'ation with the Office of Economic Opportunity Sources of International Law voncerntirg aid to indigfent clients. Such a class will allow the law Law Summer Other than treaties, proclamations of international orgranizations., tct cot to Familiarize himself with the problems' of the indigent or convention-made law, there is no i'eal legislator of international is to obtainingc competent legal counsel, Such work will give the law. Custom. usage, and experience form its 3tiuclture. The custom- law sltident experience and technique. One of the burning problems With L.A. IDEA ary manner of operation generally becomes estab-lished practice o4 oin day is the provision of legal assistance for all members of Stephen IVIa r k s , Il-A, with an expected i'esult, and just as common law becomes accepted Oit.vJn i all cases--Is "Judiee" oming? The OEO progiam came back to his classes at so as to form a body of oui' domestic law, so doe,: tacit agreement hioui also be open to those students who do not take the class Hastings College of the Law between nations become established inteinational law. Convention-al a program as this would a a lanar)basis. Such involvement- in this fall with enthusiastic re- inter national law embodies this established law, anid other rulings pi epai bhei tuue attorney to handle these problems in the future. and decisions [such as from the Permanent Court of International ports of an apprenticeship Court of Justice (ICJ) S.P. U.R. progiam offered by the Los An- Justice at the Hague, now the 1Interniational and the "principal judicial organ of the Ulnitedi Nations' per Article Another 1_"ogram being offered b)? the Associated Students is a geles County District Attorney's Urban it at I of the Statute of the ICJ] which ai'e applicable to a given situation. p i-ogre*m in conjunction -with the San Francisco Planning and office. He learIPnd about h law His summer had been Conventional law is binding only on the contracting rtist Renewal Association. Cliff Reed is setting tip a program where first hand. abrogation the appellate court struc- f1or District Attor- conv ention. but established'law does not lose its alfteet by tstudet a can about the problems of spent working of a '6 .aty However, ad- of a Charter revi- ney Evelle J. Younger as a law' of the convention, or the time limitations 1 litre in San Fiancisco, as well as the possibility new (stablished lawl, techniques is -another ai'ea clerk. hei'ence to conventional law may result in zii committee. The law enforcement of such writte'Ln agreements. The could be valuable in analyzing and solving PROGRAM rtengthened by the observance whe-re H4ast-ings students become bound to the new international l.aw, oblems, The Hastings student should be able to take "This is a fine pirogram," sovereigfn states thus existing p- 1 --Coiiflnoed on, Page 3 --Continoucd oonPage 15 Covfirmed ePage 13 Page 8 Hastings College of the Law Tuesday, Noyember IS, 1966 -P-a- 8-asi 4 CZ74 f h a Tedy Nvme 1,16

INTRAMURALS NJ 1,11 FOOTBALL Faculty Profile The Intramural football schedule is heroically coming to a close. The participation 0. ROBERT BERGER was very good and the win- By ners- as consolation for Among the many recent additions to the Library, the fol- dragging themselves away from lowing seem especially interesting and are comm-ended to their studies - can lay claim to your attention. a free case of beer. So far, the Bakal, Carl. THE RIGHT TO BEAR ARMS. third year students have dom- A free-lance writer writes an "expose' of the uncontrolled own- inated competition and section ership of guns and the attempts at control of firearms ori the tederal IIIA seems to have the inside and state levol within the guarantees, of the Second Amendment, track. As the first and second Holdsworth, Sir William Searle. THE H1ISTORIANS OF' year students are quick to point ANGLO-AMERICAN LAW out however, this should not be forming a survey of the work of some attributed to any superior physi- These are five lectures of the English and American lawyers, in the field of Anglo-Ameri- cal ability. The histori- TENNIS AND GOLF can legal history. Contents: The professional .'raditiori- Both the teinnis and golf tour- ans of the seventeenth and eighteenth centuries, Four Oxford pro- naments have attracted a large fessors; The American and foreign contributions.; Maitland, number of participants. Trophies Lane, Mark. RUSH TO JUDGMENT. and other awards will be made In this book, Mark Lane undertakes to providel1 some of the coun- to the winners in each tourna- terbalancing aid a defense attorney might have brought to trial in ment. The golf tournament -is the Oswald case. He does it by dissecting 'prosecution.' evidence, tentatively !3cheduled for Novem- offering contrary, and attacking official actions. Appendixes include ber 25 at Peacock Gap Country a list of witnesses' statements, and excerpts from, documents r-efer- Club and the tennis competition ring to the assassination. is just now gletting under way. Munster, Joe H., and Larkin, MurI A. MILITARY If you are interested and have EVIDENCE. not signed-up, check the bulletin It has been our purpose, in preparing this work, to produce board in the student lounge. a handbook of the rules of evidence as applied in military tribunals, BRIDGE a ready reference and citator for counsel appearing before themn, A-duplicate bridge tournament and a guide or investigating officers and agents- "- -Authorsl pt-ef- has been organized and interest- ace. ed students may sign-up in the Tarnopoisky, Walter S. THE CANADIAN BILL OF student lounge. You do not need A lawyer discusses the recent Canadian Bill of Rights and the a partner to participate. If you RIGHTS. play bridge and are interested, controversies regarding it: Federal-Provincial jurisdiction, Parlia- there is a list for "singles"; pair- mentary sovereignty, civil liber-ties and federal povwers. ingcs will 'be made later from this Van Slingerland, Peter. SOMETHING TERRIBLE HAS group. If you already have a HAPPENED: THE MASSIE CASE. partner, you inay sign-up as a The elements of the story were a sensation In 1931'.lThalia F, pair. Massie, whose accusation brought five oriental boys to trial for iape, By MARSHALL THURBIERf There will be instruction for the killing of a defendant, the indictment of Thalia's niother and "Do you agree with this decision?"Afisyertun, those who do net know how to husband for murder; their defense by Clarence Datrow- and the In section IA or IB, stumbling for the correct lgal concept, score duplicate bridge. In fact, dramatic trial which aroused all Hawaii, that attempts to answer this now familiar query, with all the airrangements t966~ have 'been mAe, all that you New books added to the Library, November, THE MAN really need is a 'large vocabulary LOAN DESK OR STACKS Pr-otessor George B. Fraserl- ("Pass") and a sage look, Dunne, Gerald T. Monetary decisions of the Supremne court, visiting P'rofe'-soi from the World War JL. Starting as an SPRING SPORTS 1960. University of Oklahoma is the Ensign in September 1940 Pro- All fledgling Rick Barrys are Follett, 'Wilson. Modern American usage-, a guilde, 1966- mnan asking hebnquestion, and fessor Fraser lc-lt-the U.S. Navy notified to start zeroing-in on the five years later fas a Lieutenant Hirsch, George J, Bankruptcy. '1964, teaching Civil 'Procedure to sec- hoop. Basketball, along with the Joint Committee on Continuing Legal Educationi of the tions A and B of the first year Commander. other spring sports of handball, class is his -task. This area of American Law Institute and the American Bar- Associa- TEACHING bowling and chess, will be fol- code: study outline,. 1965. the. law is Professor Fraser's lowing soon. Since specifics are tion. 'Uniform commercial spqciality, and he has written Upon leavings the Navy he de- Lauterplacht, Sir Hersh. The -function of law i the interna- cided to teach law in June, 1946, not available yet, check the ac- many law re~vi,41w articles on this tivities bulletin board in the stu- tional community. 1933, sub Ject, plus several text book Professor Fraser accepted a posi- U.S. Federal Bureau of Investigation. Crime in the United chapters, tion at the University of Idaho's States: uniform crime reports. '1965, EDUCATION school of law. Three years later he resigned from his position in SUTRO ROOM The visiting professor was edu- Ba-ncroft, MHbrtUHowe. History of California.t)2 Vols. 193 cated in the East. He attended order to join the law faculty nt public schools in Washington, the University of Oklahoma D.C. and, upon graduation from where he is now a full professor high school, he attended Dart- concentrating in Civil Procedure. mouth College where he majored in economics. N e x t Professor TO HASTINGS Fraser received his L.L.B. from It was Dean Sammis' decision Harvard University and later his to n v t e Professor Fraser to L.LIVI. from George Washington visit Hastings College of the Law University. in order to teach Civil Procedure NAVY and a course in Equity, In this Continued from Page 6- Originally Litending to estab- instance, studen.ts of IA and lB mission on Selective Service. lish a private practice in Wash- Burke Marshall, chairman of the have strong grounds for agreeing and domestic,' 1779-1831, by F.,NN Mason. 196 1 ington, D.C., tkc~ visiting profes- Commission and former chief of of George SOr's plans woive interrupted by with this decision, the Civil Rights Division of the Washington, George. The last will and testament Justice Department, recently re- Washington and schedule of his property. To which, is ap- quested a "candid" evaluation of pended. the last will and testament of 'Martha Washing- the present draft laws from the ton. 1939. ALSA, as the representative of PERIODICALS AND SERVICES the nation's 60,000 law students American Law Institute. Uniform commercial code report- and 135 stuident bar associations. ing service. 4 Vols. 1965. LETTER Medical trial technique quarterly. Continuked from Page 6- In an October 24 letter to stu- Trial lawyer's guide. shot caught Harold in the eye and didn't do himn a -whole dent bar presidents Mr. Heder- University of San Francisco law review., lot of good. man observed that 1- ., "The SOON value of the opin)ion of any one END CAME individual would be questionable Once the King was out of commission, in those days, it in light of the purpose for which wasn't long before the battle was over. William went on to it will be employed and I do not London, and quickly brought peace to England and pacified presume to have the expertise WAYS THAN ONE Scotland and Wales. To pay off his army, he gave them to prepare 0;uch a declaration IN MORE English lands. In the process he had compiled the Domes- with o ut first consulting you, N EW LAW BOO KS BOOKS FOR LAWYERS day Book, the world's first census, which served to settle Since the matter is of such great USED LAW BOOKS LAW STUDENT BOOKS many feudal land disputes and foster peace, importance to all law students and because a statement by me We buy em. COMING OF COMMON LAW to the commission would be con- The Normans were administrators and lawyers. They strued as the opinion of the or- centr alized the state's authority and interwove their law ganization and its members, I We sell 'em with the old Saxon Dane Law to create what eventually 'be- would greatly appreciate your We're. entrepreneurs We're agents came the common law that America and others inherited, supplying me with your own, and We're dealers We're publishers Thomas Carlyle once wrote that had 'Harold 'beaten Wil- your fellow students' 'candid' But when it comes to service- ago (last month), Britain would have become opinions of the present draft liam 900 years law." The letter called upon the You get our UNDIVIDED attention a "6gluttonous race of Jutes and Angles, capable of no grand student bar leaders to specifical- combinations, lumbering around in potbellied equanimity, ly express k-heir views concern- not dreaming of heroic toil and silence and endurance such ing the present law's fairness, as leads to the high places of the universe a a d questions of deferments, Maybe, maybe not.. But the Battle of Hastings in 1066 classification, and positions avail- was clearly a turning point in world, history, So be our able attorneys in the -military 220 McAllister Street San Francisco, Calif, inheritance, service. TINAiAsw mrwok MhA-r I-s- 196A Hastings College of the Law Page 9 I ~ IO~A Ua~tindM CoI1e~Ae of the Law N - I~ PageN 9 LEGALNEWS ANDVWSBYEPAR Faculty Prot i By MIKE MILLER Associate Editor Steps are under way to greatly speed up the draft- CRIMINAL LAW ing of a new model. probate Famed defense lawyer Edward Bennett Williams in a code in the hope of having at Harvard indicted the legal profession for it ready for submission to recent speech state legislatures by late 1967 ignoring criminal law. His argument: Most lawyers settle or 1968. into comfortable commercial law practice and the victim is that law CHICAGO is society, The 'big pr oblem, Williams indicated, The Special Committee on the students get the idea that criminal law does not pay, is Probate Code of the National unworthy of their talents and could link them in the public Conference of Commissioners on eye with unsavory clients. However, in the wake of the Uniform State Laws met in Supreme Court's 'historic decision in the 1963 Gideon case Chicago Oct. 7-9 to expedite work the Supreme Court has made criminal defense work re- on the code. The aim is to com- spectable, And, in view of this government is having to plete the draft f or action by the appointed counsel Conference and American Bar come across with funds to compensate Association House ,-)f Delegates or' provide professional defender offices, Thus, Williams in Honolulu next August, concludes: the defense of criminal defendants-in whose becoming a THE AGENDA cases rights that protect us all are forged-is The committee h ea d ed by remunerative, respectable and even more exciting field for Judge Sverre Roang of Janes- a young law graduate to contemplate,, ville, Wis., worked on: Protection CIA of persons under disability and THE their property; interstate succes- To what extent are state secrets involving the national sion and wills; 'consideration of interest immune from disclosure in a court of law? This making 'Independent Administra- question is now plaguing a Baltimore court in a slander case tion the cornerstone con cept of of the defense of a Mr. all provisions about administra- where the CIA -is 'a primary part tion; and probate and contest of Raus, Mr. Raus is. an Estonian-American who is being sued wills& by a Mr. Heine who contends that he is an Estonian patriot an engineer for the U.S. PARTICIPANTS and anti-Communist. Mr. Raus, part in the discussions Bureau of 'Public Roads, had said on at least three occasions Taking were: J. Pennington Straus, Phil- By PAUL GRAY that Mr, Heine was a planted Soviet agent, collecting infor- adelphia, past chairman of the mation on Estonian emigree activities in North America. ABA Section of Real Property, Professor Milton D. Green, distinguished member of the Mr, Raus revealed that he was a CIA agent who was in- Probate and Trust Law and head law faculty of New York University, has come to Hastings structed to disseminate such information so as to protect of the sections special Commit- He is teaching two sections on Revision of Model Pro- this year as a visiting professor. the integrity of the agency's foreign intelligence sources. tee of Conflict of Laws and one section of Insurance, 'The Raus statements were apparently intended to put the bate Code- PAUL E. BASYE, Professor of Law at Hastings, PRAISE Estonian community in North America on its guard for Students who are fortunate lecture to Estonian and immediate past chairman of Mr'.1-Lemne, who has traveled widely to the section; Allison Dunham, enough to be enrolled with, visiting profeSsoi marks his first. *groups, Executive d i r e c t o r of the Con- Professor Gra.)er have high praise changre of campuses since joining Raus and the CIA contend, it 'is 'beyond. the pale of ference, and 'Profs. Richard Eff- for his dynamic approach in the the faculty of New Yor-k Uni- Mr, 1959. the court or, any other court even to discuss the question. land and James M~cDonald of the classroom He has a tir e a d y versity in Mr, Raus clautned absolute privilege as an employee of an University of Wisconsin Law acquired a reputation for making A.B.A, School, William Fratchei of the his subject~s interesting a n d to serving as a executive branch of the 'U.S. Government, the CIA. The Professor 'in addition University of MiSsouri L a w t h o u g h t pi-oveking. and dean at some ot the Court, familiar with the privilege, was in a dilemma, for a teach- teacher School, Allan D, Vestal of the Green is a 'complete" law nation's leading law schools, Pro- mtan whose name was maligned seemed to have no right to School, Hastings well University of Iowa Law ei -and comes to fessor Green Jhas inspected some defend himselt, Nevertheless, the Judge admitted during and Harold G, Wren of Boston equipped to elicit that kind of revealed, fifteen law schools across the one of the hearings, "if turthei information were College Law School, praise. country in behalf of the Amen. it might expose the entire U.S, counter-espionage appa- THE OBJECTIVE EDUCATION can Bar Association. The numer- ratus '"T1he case is still pending. Objective of the project is to He was 'born sixty-three years ous institutions which he has in- or uniform act and JUVENILE DELINQUENCY "draft a model ago in Central City, Colorado. s p e c t e d, administered, Moving north, he attended the taught in over the years gives University of Michigan both as him a unique diversity and depth an undergraduate and as a law of experience, student, earning an A.B. in 1926 METHOD and a J.D. in 1928. As an undergraduate he was Phi Beta Kappa This broad background has in1 and president of Theta Chi. As evitably contributed to the de.- a law student he was a membei velopment of his own opinionj of the Order of the Coif, the law on methods of teaching effec-. review, and was president of his tively. He oeiieves that the main senior class. Upon graduation he problem in the classroom is practiced law as a partner in a "4communicating and getting stu- small law firm in Denver, Colo- dents to think." In addition to as adults charged with crimes. rado. the many good teachers he saw If a Milwaukee policeman picks -up a child for question- as an inspector for the ABA, TEACHING he saw rug, one lawyer said, the juvenile is treated exactly as an years of practice, Prof essor Green says After'eight who seemed to have a. adult would be with the important exception that he is not a brief stint of law teaching at "teachers in gl1a ss partition between them- told that he has the constitutional rights to an attorney and the University of Colorado He, him to drop his selves and their students." to remnain silent. Thus, "a juvenile may end up in prison, 1937 inspired "glass partition" practice in favor of becom- feels that this had been found guilty of a crime but because law broken down in order not because 'he ing a law teacher. With this end must be he was adjudged a delinquent." Columbia for effective communication and in view, he atteinded break in 1938 long enough thought to take place. To SOUL SEARCH4 University the Ler-_,c.'r must be enl- obtain the'LLM, and has taught it down, a to thusiastic about his subject. In -e(-ent pirobate litigation, the handwritten will of law ever since. In 1944, Colum- colppei mriner. Jamies Kidd of Arizona, has inspired consid- The American Bar Associ- bia University also gave him a REFORM erable soul-searching. Mr. Kidd directed that nearly $200,000 ation's Lawyer Placement J.S.D. As a busy law professor He b eIieov es that lawyeis 'e giveni to someone who provides scientific proof that the Service has an- since 1937, his career covers a should not alloyw the law to stag-. have Information twenty-nine years. human-j soul exists, Several bona fide organizations nounced that it will provide span of some nate. When re-form is necessary, been During that time he has taught sho' 1d take an active applied for the windfall. Also, the judge's office has supplementary placement as- the lawyer 4 swamiped with phone call, etc., by people who want to obtain are at the University of Colorado, part in its refacrmation. Profes- sistance to law students who the University of Utah, the Uni- money: to finish developing extrasensory perceptizon ma- members of the Amer- sor Green himself has vigorously individual versity of Washington in St. in the the like. In regard to this the judge said, "Mr. ican L a w Student Association. advocated va-rious- changes chines and Louis, and New York University, present state of the law. As a Kidd's estate is not a prize that will. be given away to the An article appearing in the re- He has also served as a visiting story." October issue member of the Institute of Judi' persot-i telling the best supernatural cently distributed professoi during summer ses- an agenc y of the Student Lawyer Journal cial Administration, sions at the University of Michi- sponsored by New 'York Univer- JACK RUBY emphasized that the service pro- University, and at is not gan, Stanford sity, he has written hard hitting %unc-' the Texas Court of Criminal Appeals reversed the vided by the pilot project the University of Souther-n Cali- interfere -with or criticism on al-pects of present sentence conviction of Jack Ruby and ordered a new intended to f ornia, concerned death the student's search for law. He is especially one of Ruby's six defense supplant ACTIVE excessive delay in civil liti- trical ini the slaying of Lee Oswald, a permanent job location over lawyers believes that the ruling all but frees Ruby. The His law School career has not gation. A recent commentary on through his o w n law school's been connfined to teachingf alone. Green only case the state has left, he reasoned, is a murder with- p,-rog-ram 'but rather is the matter by Pi-ofessor placement found in the Ocober, 1966 Out mf-alice conviction, which in Texas brings a two to five- intended to supplement t h. e s e can be year senten~ce, Even if Ruby should be convicted, with his efforts. three years already served in jail., he would be a free man REGISTRATION at the end of his next trial. A number of law firms and The appeals court overturned the conviction on two corporate employers h a ve ex- gr-ounds. That Ruby's statements to police were inadmissible pressed interest in reviewing the oral confessions under the Texas criminal code which pro- resumes of law students who ex- hibits confessions of premeditation made. while in police pect to graduate in the next eighteen' to twentty-four months. .- Contiued on Page 12 -Continued on Page 10 T Piaige 1 Mastlings Colleg±e of the Law uesday, November '15, 19)66

mlmmmb 0 0 Vl WIVES' co Politco

By SHERYL POMERENK Ye Olde Barrister's Bazaar, an annual major fund raising event spionsored by the Hast- ings Wives' Club will be held By7PAUL(GRAY this year on Tuesday evening, Novemh.,2r 29, from 7 p.m On November 20, the Hastings Young Drort-(Ii to 9 p.m. and on Saturday morn- will participate in a confet-ence sponsored by, the FiftbhRe-, ing. Decembear 3a from 11 am. to gion of the California Young Democrats designe,d to a)Ss5ss 1.p. the results and implications of the recent stat(eis 5deleC- PUBLIC INVITED tions. The conference wl take _place here in San Ft ancI"sco., The bazaar, set in an old En- New members will be eligible to attend, glish theme, will be held. in the lobby of the --chool. The public PANEL DISCUSSION is invited and -)tudents are urged A highlight of the confeience will be a bipartisan Panel to bring wives, husbands, lovers, discussion. concerning the elections. Par-ticipants in the dis- friends and relatixes. Items will be priced to meet a student's cussion represent a wide spectrum. of California political end-of-the-month budget and will opinion. Panel members will be Congressman Bob Wilson be especially useful in finishing (Rep.), Chairman of the Republican Congiressiorial Campaign off your Christmias gift lists. Committee; Caspar Weinberger, former State C'hairmran of Money raised from the affair the Republican Centr-al Committee; Congressman Jerome, will be used -I-o provide scholar- Waldie (Dem. '). former majority leader of the State Assem- ships fore-itudents and to con- bly, and San Francisco Assemblyman John Burton (Dmr.,i tinue the emei-gency loan fund. of the Twelfth Assembly District. Notice of the pr ecise tine CO-CHAIRMEN and place of the confer-ence ix ll b e Posted on the club Under- the co-chairmanship of bulletin board. Congressman Controllter-Eect Mrs. Gale Guthrie and Mrs. MAILLIARD FLOURNOY Charles French, committees have TrOURs been meeting, regularly since HYD President Marty Eber announced thatm serieQ off By PAT MleMAHON early summer creating and- hand- tours to visit local officeholders will begin at thie end of making the rnaiiy gift items to this month. The tours will be continuous, taking place at On November, 8th the Republican Party of Califorinia be sold. the rate of about one per week until every local Democratic achieved a resounding victory. Ronald Reagan and. Robert OPEN MARKET officeholder has been -visited. The purpose of the tours i1S Finch secured majorities of landslide pr-oportions. More Among Ithe specialty things to personally acquaint 1-YD members with Important figures(: 'Republicans were elected to the Assembly and the Senate will he band -kctched stationery in the Democratic party. It also gives HYD membe,-rs a. than at any time in over a decade. and note paper. place mat sets, chance to informally discuss party politics and political. bulletin. boards, decorative wall HARD FIGHT plaques, velvet jewelry bags, pa- issues with people who ai-e capable of directly mplomenting Republicans at Hastings together gave over 300 man- jama pillows, pajaima stuffer ani- the views presented to them. The club considers the tour bout-s to the various campaigns in the Bay Area. Not only mals for the wall, stuffed toys series as one of the most impoitant activ Jities, of the year_ did membeis register voters, distribute campaign -literature, and other c-ute ideas for chil- put up sigfns and. handle precincts, but their wvives got up dren. Christmas decorations of SACRIAMEN TO before 6 am, to serve free coffee and. doughnuts to comn- many types will1 be sold as well Plans are also undei-wav for a tirip to Saci-amnento, Every mutei-s in behalf of a ccandidate. Neai-ly one hundi-ed bumper as other ign and useful major- Democratic officeholder in the capital I'S scheduled. stickers and over one hundred pieces of campaign literature articles. for consultations xwith.teHD ed-hpthehe4 visi t to, were distributed at Hastings alone. Moreover, students at Something new this y ear will Sacramento this time, the newi position of thje p.Ntx li be a gfift wi-ipping, booth for most likely be the chief topic of conversation 10tlh the Party Hastings were privileged. to hear distinguished candidates. shoppers who wxould rather not FLOURNOY dignitaries. Con troll er-elect Houston. Flournoy', who recently won a MILL1S COLLEGE close victory over one of the founders of the CDC, spoke at Moi-e locally, the club is currently organizing a- Young Hastings on October 28th after holding a TV interview in Democrats Club at Mills College. According to present plans. the lobby. The speaker, an Assemblyman and former pro- the new club will be a "sister" to the cltib at, ilastings. Fur- fessoi- of government at Pomona College, criticized the du- ther organization__ on other- (-ampu1e1 is pentliben bious accounting procedures selected, by the Democratic administration and emphasized that exorbitant property tax r-ates must be reduced. He also assailed. the present inheritance tax appraiser system which his opponent used to re- ward his hand-picked. cronies with positions earning up to $60,000 for part-time work. Moreover, these 1500-odd ap- praisei-s included at least 26 members of the Democratic State Central Committee and had contributed $150,000 to the Cranston campaign slush fund during his abortive 1964 kick-off meelirqg was held to get senatorial race. Mr. Flournoy indicated that he intended to the bridge croups under way. abolishi this sordid political dynasty. Chairman Mrs. Robert Ellis reports a goood turnout and a class MAILLIARD for beginners will be guiven. for Congressman William Mailliard spoke at Hastings on the first timQ. November 4th. only four days before being re-elected to Two interesting speakers from REVIEW BOARD-New York City's newli formled cv his eighth term by almost 76% of the voters from a nomi- Synanon Foundation spoke at ilian-dominated board to i-eview complaints of Police mi11s- nally Democratic district. Congressman Mailliard, who is the November meeting and out- conduct was abolished by a 5-3 margin. .ranking Republican on the House Committee on Merchant lined the history of the organization. which is set up foir the VIETNAM WAR--Citizens of Deai-born. Michoiganin Marine and Fisheries, and third, ranking Republican. on the rehabilitation through self-help House Committee on Foreign Affairs, reviewed the legis- of narcotic addicts. the nation's only outright vote on the Vietnam War, voted -no' by a 3 to 2 mar-gin lation passed during the last session of Congress. In re- DECEMBER on the question'. "Are you in favor sponse to questions, he indicated that the Selective Service The December meeting will be of a cease fire and withdrawal of U. S. troops fri-m Vietnam- System needed revision and. that tax deductions might prop- "Game Night" with rotating so the Vietnamese people can. settle their owin problems'"' erly be given to parents who send their children to college. tables and prizes for winners. A Congressman Mailliard also observed that any attempt to chance to just relax and social- LOTTERIES--New York state voter-s ppi-oved, by a 2 (lefeat Senator Thomas Kuchel would precipitate a debili- ize! Plan to Come! Due to the to 1 margin, a constitutional amendment autioizing creationf tating split in the Republican Party in California, C'hristmas 'holidcAy the meeting of a state-operated lottery. In New Hampshire. contintied. will be moved.iup a week to De- BACKLASH cember 13. operation of a lottery beguii in 1964 was app i-ox ed 4 to 1. The political pundits (most of whom are Democrats) have proc .laimed that "blacklash" accounted for the nationwide DEATH PEN ALTY--C olora do's voters, bxN1eari\ 2,2,lo1 Republican victory. The gubernatorial elections in Maryland rejected a proposal to abolish the death penaltx, TAXES--Nebraskans disapproved creation of an) incomec PILOT tax. 3 to 1. By 4 to 1, Massachusetts voters (i-cid( to iretitn a 3 per cent limited. state sales tax. Idaho emlizetiS iretadl their 3 per cent sales tax In a 34-to2 vote- ANTIPOVERTY--Paker-sfield Califoi-nia.iole i-s, h)-,a ('vetinued from Poge 6- more than 2 to 1 margin, refuised to alloxi the 6tv to paut INFORNIATION ticipate in the Federal antipoverty comrimnitiaclion pi 0- 'Individual members desir-ing grams. further information should write to the American Bar Association, PORNOGRAPHY---Californians i-ejected. hb\a 2-to-lIvole, NOTE j PERSONAL Lawyer Placement Information a proposed constitutional amendment that would. have set 1 would like to take this opportunity to. thank all the Service, Amnerican Bar Center, Republican volunteers from Hastings who helped, to con- 1155 East 60th Streetl Chicago, up a new -and stricter sy.stem for- restricting distrlbulen of tribute ti) our common victory, Illinois 606374. materials deemed pornographic, Page 11 15. 1966 Hastings College of the Law Tuesdav- NovembervsCir1 owle.616 atng olg h a . I -El'

N~ttDThe Answers BA to thes e Questions SVI EX could make 3 RS ESthe Diff erence H....o..w g.have.No..... We are now in our 12th year.

In 5 states- California, Michigan, Florida, -Ohio and Pennsylvania (next year .also in Nevada),

Approximately 1100 per year.,

In the 3 states in which we have 'operated for 8 years or More, the average percentages of all students taking Nord Courses are as follows: Michigan, 95%0; Florida, 60%7/; Ohio, 30%. The Pennsylvania and California Courses are both iii their 2nd year, and at present each averages about 5%0 of all the students.

Latest results (including the latest course for which results are presently available in each state) show 230 first-time Nord students passing out of 257, or 89.5%/ passing. Latest overall results for the entire year (including students repeating the Bar Exam) -show 866 Nord students passing out of 1041, or 83.2% pas-sing.

In our first Lecture Course in California (Summer 1965), 91% of the students who completed the Course Work with a score of 72 or better passed. The results depended strongly on h ow -well the students performed their written Course Work, as shown below: No.Fo1Iling Course work No. Pssing 74.0 & up 13 0 100% 72.0 - 73.9 16 3 84% 70.0 -71.9 21 11 66%---" 69.0 - 69.9 3 3 Below 69 1 42% 0 TotalIs 54 21 72%

more ta n oc a urn ee Doe Nod.garneer Ss We cannot guarantee that you will pass, any do It depends considerably o h em oeew that his team will win. ,nd guaante tatif you do the written Cous Work epeciefihul' its you will havetesm 0t dso asn htorsue diligently, se throughout the country have, And to back our woduwNroieaCu Guarantee of a free reat Course. if you fail afterhvn(opltdtep scribed Course work (as 90%0 of our Lecture studentsd)

LECTURE FACILITY: masonic Temple, 25 Van Ness Ave., San Francisco, Califri (Or 'WINTER SESSION SCHED.ULE: Registration first Monday and Tuesday after Bar.Exam Results.r none,68PM registration by mail). Classes meet every Friday evening in January and February, 6 to 18 P.M. and Satra9AM.o1PM.n P.M. to 6 P.M. igs SUMMER SESSION SCHEDULE: Registration: Advance -registration by mail.Classes mneet TrsdyadFidyeei :d.) from 6 to 10 P.M. and Saturday 9 A.M. to 1 P.M. for 8 weeks . June, July and August (dates to be f ixed whnEaMae sanuc Tape lectures available f or each school. FOR FURTHER INFORMATION: NORD CALIFORNIA BAR REVIEW COURS I1I NEW MONTGOMERY STREET, SUITE 300* SAN FRANCISCO,, CALIFORNIA 94105*PHN:7128

The Course i's supervised by Dr. REGISTRATION PLANS: Mfelvin No-rd, formerly of The lawu LECTURE COURSE: Fee $175, payable upon registration faculties' at Wayvne State Univlersity and U.niversity of Detroit and ct Optional Registration Plans for Lecture Course allow practicing attorney. Dr. LNord has as good as You to find out for yourself whether our course is done graduate work at the Univer-0 we Scay it is:. Sit\' of Mlichigan, is the author of upon registration, entitles a student (a) $25.00 payable num17erous articles and books, has. two weeks -of the Lecture Course, fully refundable to the first had over .20 ye ars of teaching cx\* it the student then elects to withdraw from course; or perience o'n the col/egiate andl (b) $50. 00 payable upon registration, entitles the student 1evels'.pand has' taught to use the Course materials during the schoolyear and to the graiduate ref,resher* courses' for over22 firA.st *2 weeks of the Lecture Course, $25.00 of which is re~o f undable if the student then elects to withdraw from the course. years. All the Bar Review, Course AMaterials' have been personal/y A complete correspondence CORIRE SPONDE NCE COURSE: prepared by Dr. Nord, aud be completely paralleling -the lecture course. Fee: $175, course, declive,-rs all the lectures. payable upon registration. Ir page 12 sla-sting.*I" College, of the Law Tuesday, November )so 1966 tage 12 III.srIng~ C~dI.i4e of the tA~w Tuesday. No~embe,~ 15, 19)66 -T .1,11-00T Cot) UT PD ,wives B~y Dave O'Brien IIBQ and- lseer Phi Delta Phi reports the successful completion of rush, activities. The rush activities consisted, of: a beer bust at Golden Gate Park; a rock and roll yarty at Fugazi Hall: a beer bust at Burgermeis- ter Schlitz Brewery; and a cock- tail party at the Swedish Ameri- can Hall. The fraternity now has 52 members and will bid 48 more, PLEDGE DINNER The annual pledge dinner is planned for Nov ember 17. Other ctivities for the Fall semester include: lunch dates with Pro- fessors Munster, Green, and Pros- ser; a Christmas party in mid- -December; and pie-conditional DAVID E.SN06RASS MOT COUT seminars for first year pledges. COMPETITIONSWINGSITOACTIO SPRING The lunch - speaker program By RANDY EVANS wiill continue in the Spring as The oral arguments in the Moot Court competition have will the Seminars. Additional par- finally arie.Altepeaation of the past several weeks ties are planned including the Annual, Faculty Banquet some- xIow" culminates in a few brief minutes oc oral argument. time in April. Ar-guing an appellate brief poses many pr-oblems. 'most of which can be summed up in a short story. SAN QUENTIN THREE IN ONE Highlight of the year so far reported that he presented THREE was the visit by 25 couples to One famous attorney 5. oral arguments to the Supreme Court on just one case. The San Quentin on November There was a 2-hour tour, dinner "COME AND GET IT"WAS THE FAMILIAR lit-st argument was the impassioned, oratory -- sweeping in the inmate dining room, and everything before it and reducing the justices to a mass of entertainment by inmates. It was CRY AT THE ANNUAL WIVES BB sobs and. tears -. that he prepared and intenided to present. a very rewarding evening for all. By JEFF BOLY was the sputtering, groping-fot--answers argu- The second RUSHEES; mnent he actually presented, and the third Camasterpiece of Take a crisp, warm. fall day, lots of deliio Iaad ;AnDd, legal reasoning, highlighted with witty and penetrating re- The 48 r-ushees that have been french bread, a. juicy steak, literally all the beer you can torts to the questions the justices asked him; this one he extended a bid. are as follows, ac- drink, and you have the makings of what pr-oved to be a mrrosl, mnulled over on the way home. Undoubtedly, Hastings' finest cording to section: 1 A-Bob successful barbeque. This annual. event co-sponsored bN7th1e 'will suffer similiar experiences. Foster, 'Darl1 Hansen, Ron Kal- Associated S t ud enits and. the Wives Club took ple October 29 at Golden Gate Park. JUDGES (lar, Bob Chatham, I B--Bob Ka- Judging from the numbeir pies- Nx a s fun not profit. Uhe books of han, Bill Kranz. Don Stevens; Som-e of the area's most prominent judges have donated ent, it appoars that quite a few the, Wive's Club beat Ib 01isout a their time to sit and hear these argum ents. Each Judge has, I-C--Al. Eakin. Pete Depetra, students were eager for an op- it, appears that Jun~istii (ke, indicated an interest in the subject-matter lhe will hear. This Doug McLure, Vic Obninski. Tom portunity to get away, from law- ceven. Even il ttox d 1n4,9 should, communicate a great 0eaI more benefit to.-the stu- Owens, Sam Stevens.; If-A--Gene books. Over, 200 _stud'enltsand. m-ake a prt-it. 'tupplilnr , 2 all th( beet Non\ eould dlent byT providing him with. an interested.ad3 learned. audi- Andres. Steve Gay, Mike Hanley, many of the faculty attended. steak and Gatherings .6c as these not drink for $1.50 ,t prohevblx P(t GRADING SYSTEM only provide an oppoi'tunit 7 for the w~ay-to (10ik students w~ives The grading system has finally been completed and is on and tCheir to meet (-R PD I T each other informally, but, also uhtedit - ir-u sl he reserve in the library. -This will enable the participants to students a chance to talk- give gix en to those who gene.-ously ,s review the system to be used and to direct their arguments to professors in a -non-academic 'itd ih*oh ok1n1 dn toward those areas of emphasis. context.. lions. Many thanks Carie in kI (icr BAILIFFS CHEFS to. Knight's weho supplied the, Each bailiff will. be notif ied by is stud ent-j udge in order The barbecueic(hefs did quite beer and Benny's in Sain Mate(e a job feeding everyone quickly to go over' any last-minute details. The bailiffs should re- ad.efficiently.. The steaks, dis- wopoie tasa sure they have no other and easonable Price, Althouph One' check the schedule however, to-nmake appeared so fast that. some of the loalwbokte 4S(ul committments on the date they are scheduled to appep-ar. Wiveoficrs Clb lmot wnt ude in their adamant iefus~d 1-to SCHEDULE OF COMPETITION without., Howeveri' it must becntiutlo the picnic. Lee~ The large number of participants, plus the need to limit Keethe, Lionel. Rodgers. Tom noted that the wives scored a mn'sibotore salI a . thestudent judges to a workable number, has produced, the Wong, Bob Harlan. Tony Os- Minor tiriumph in that theii hus- extremely gena.nrous anld chectful bands did, ali of the cooking. i upr.Utmtl following arrangement: One each date, both locations - the mundson; III-B-Steve Burtnett, PIGSKINS Grif 'Hastings' Moot Court Room and room 412 in City Hall- Ed Hales, Phil, SteinDbock.' It was pci-feet football weather reontinmstb Ive t will hear two arguments. The first argument, by one set of Tully. Al Thews. aiid the would- be Q.B.'s were out,,small grwoutof er, inolusfiiu partners, will be at 5:00 p.m. At 8:30 p.m., the same case wvill in force. Despite the prowess olf ivswo1u7te' hl'aii be argued before the same judges, but with a different set the students, however, the out- together. of partners presenting the issues. standing performance of the (lay SUL1C CE SS the arguments. was turned In 1,y Judge Madden. The succ.ess ( this event COM- Students are encouraged to attend any of conclur,-ion that. mcif The following list provides a general outline of the subject- New tBoard In fact if he wxere not a member pelis the of the 65 Club some of the r- social activIties wxith evN7enDiYc-at- elected Aluimni mnatter to be heard. Thus, a student with a particular interest The recently Club might 'be ci participation would bke e' Association's Board of Go, ver- ceivers on the 49 hber looking for new jobs. good t h i n o tothe atrt nrsi met last Friday. Noveir ,de~i of the barbeque community. .18th, in the Board of Direcltors The main Room at Hastings. This was first meeting. of the new Bo ULegal members that were elected News and Views der the ammended Constitultion amd By-Laws adopted at the ( o~ttOled ti PopeC September 19th. luncheon m ceet- custoldy. That Ruby should not have bheen tried In Dallas ing held in conjunction with the under the Billie Sol Estes and Dr. Sam Sheppard cases. State Bar meeting in Ana h(eim. MELVIN BELLI The following are the new Since the recent sacking of the swank law offices of(il hoard membiers: Melvin Belli by vandals, Mr. Belli vows -evenge. He prrm- Motitgomnery Hastings- Evidence:, Hon. Leo R. Friedman presiding Hon. Stanley D. Arnold, '48. ised. to tear down his historic building on City Hall- Criminal Law, Hon. Robert Bostick presiding Robert S. Ci-ossland. 35. street, changing the style from 19th centuix- V7ictoranl November '21. Myron E. Etienne. .Jir,'52 20th century "Jack Tar." Hastings -- Constitutional Law:, Hon., Raymond Arata Hon, Goscoc 0, Failey, '37, CAMPUS STEALING presiding Eugene L. Freeland. 51. An FBI report Issued 'last year said that. shopifting was, City Hall - Criminal Law., Hon. Alfonso J. Zirpoli pre- Eric Jan F'ygi.. 66. the fastest-growing source of ciime within the general popui- portion of this. investigation s Irc cal., )"S siding James A, Hayes. '49, lation. A great November 22 college-student theft. Most of this takes place in dorms- and Kenneth A. Kuncy, 49. fraternities and most of it is prankish. Never-theless. soi~e Hastings - Evidence., Hon. Betsy Fitzgerald Rahn presid1- Homey- L. McCormick, '61, ing owners in college communities are reporting in(creasedl me- (arl B. Metoyci. '52, this fad, - Pulich presiding dents of student theft. Girls ate-cnot exempt from City Hall Criminal Law Hon., Martin Grayson Price. '35, November 28 Some store owners suspect some of the coed patron'. Of Howard J. Frivet.. 57. Of udrat Hastings - Commercial Paper: Hon. Jacqueline Taber leaving the store wearing a half-dozen pairs presiding Hence Rubin. '63. No one claims to have the answer to the growing prob-, City Hall Constitutional Law- Ron, Joseph K~ennedy Charlecs A. Rummel "31. kem. This seems to bI) because most of the ctimeS I c S~i presiding Senaitor Alan E..Short, 48t, "petty," Faqe '13 Tur-si-tdav-R Nnvember 15. 1966 Hastinds College of the Law Tmat~A~~v v~i~hpi'19QW mC/AVe .. astin0 o#the awPge 1

On its third American tour !,.h Page T- fromo' the Berlin-based Droic Quar- EFoveat Kelsen. who in -principle recognizes only individuals as suh- tet, renowned as one of the et.s otf law, concedes that within the scope of international law, leading chamber ensembles states may be so subject, and thus bound. The emergence of new of Europe, will appear at the states (recognized and admitted into membership in the UN) cre- San Francisco State College ates changes 'in an existing legal order, and interesting problems of con- system arise.. Artists' Series Sunday a srtg of participation in an international cert, November 20, at 3:00 COMPARATIVE LAW p.m. in the Creative Arts Au- 'There is necessarily a good deal of overlap 'between the previous topic- and this one; yet they are separate and distinct fields. A ditorium at 1600 Holloway thorough understanding of the problems involved in an international Avenue. Admission is free. leglsste o-or-der must be 'based on a knowlege. particular The program- to. be. per- legal systems, and the study of comparative law becomes important. -X formed' includes Bela Bar- The purpose of comparative law was set forth by Hessel E. Yntema X tok's Quartet No. .3; Paul (Research. Professor of Law at Michigan, and Editor of the American------Hindemith's'Quartet in C, Op'. Journal of Comparative Law until his recent death) as " First. 16, and'a Quartet by Hans to provide the necessary materials and techniques of legal science, . * Werner: Henze. which - is essentially comparative. Second, to refine the under- The group was founded by standing of domestic law, which- . tends to be enshrouded in tra.- Its ditional, local preconceptions. Third, to make possible the under- ~ Eduard Droic in .1952. standing of foreign legal systems, which is of 01bviohus practical im- originator received- his musi- portance in dealing with -the legal aspects of foreign commerce, and, . E cal -training in- Dortmund, the conf licts that may therefrom arise, as well as to establish a basis Munich and Paris.-He had of reciprocal international understanding. Fourth, to prepare inter- been a member of the Berlin national unification of law, where appropriate; there is abundant Philharmonic, touring. w i thI evidence that, for lack of adequate comparative study of the legal X them under conductors Wit- systems concerned and consequent failure to appi-eciate local needs., helm Furtwaengler and Her-t Projects to secui-e international uniform laws typically prove abortive. Fifth, to assist in the determination of -legislative policy through.... bert vo n Karajan. the study of foreign legislation; this, hstorcally, has been the- out- Since the group's organiz-.0 standing practical use ofcmprtive law. And sixth',todfnth iug, it has played all'over the ideals and values that should guild legal progress-"I1 AMJCompL* Continent and in. 1962 first A1, 22 (1952.-).% came to the United States. Practical Value They returned. to cover addi.- In that same inaugural issue, Dean Pound a:poke on the increas- tional cities on their second ing need for- awaireness -of this area, "As in the formative era o~ n tour during 1964, American law it had a place -in the training of the practising law-' f5 The appearance of the yer-, in what will be the foi-mative era of a world law it must take AT CAL Droic Quartet is the last one of the year for the Chamber pr-actising a leat-ned art, the lawyer should have not only a general Har efotanhsulP )roduction com~pany - in- Music Center. On January culture, but cultuie in his own vocation which today calls for a HryBlfneadhsfl cial accompanists, and co- -- cluding -the Belafonte Chorus, spe4 15, the Bartok Quartet 'front learnina beyond the system he is to practice Moreover there ouskori, came to the Uni- will be some who in the course of general practice under the condi- stars Nipsey Russell and Nana M( Hungary resumes the -series,. ioris of today will have need of an intimate knowledge of the law of .versity of.California for the traditiilonal "Big Game Concert," The Artists' Series is in its some countr-y other than their own. To acquire this so as to make it Wednesday, November 16, at 8:3() p.m. The concert, spon- thirteenth year at San Fran- useful they will need a 'background of comparative law to enable sored by the A.S.U.C. "California ans" Society, was held at cisco State. The Center --has them to appreciate the technique of developing and applying legal the Harmon Gymnasium on the 13erkeley Campus. offered a wide selection of precepts which will give meaning to the provisions of codes and MAJOR ART'"IST superior music ensembles me as an internattional super- doctrinal discussions they will have to study- - The practitioner Belafonte, who in. addition to his fal the Cot* rare during its tenure at may well acquir-e what of comparative law is part of the training star, 'has become known over the past few years as one of the lege, and, directed by Fer-* o-f a learned lawyer from competent teaching of the system of law. major artists -who shares his program Lwith other fine performers, which he is to practise when done by teachers whlo know 'how to Now., for the first time in a Belafonte concert he will have as fe-a- ence Molnar, Professor of use their knowledge of the iival system of law to make -more effec-' tured artist, the noted comedian, Nipsey Russell., Musicy, 'has. become' a vital live their- exposition of their own." (ID. at pp. 8-9.) INTERESI r cultural force in the com- The Brade~lr Picefi."The oung colelegepmen and womi en of today," says Belafonte. nking humorists have to say. Chmbr AMusic Foundation ig trends and social mores. very,' for he has been -one of for -many years. It's .Only re- .recognition he now enjoys. I ce and tempo to our produc-

I" for almost 14 years, is n ow .y as a performing comedian,. on an assortment of subjects

s Idin proposed legislation and legal reform in the domestic Greek singer, Nana Mouskouri, is a discovery of Belafonte's, who what is happening in other parts of last appeared with him on his limited [college tIoui, two years ago. recent developments in the field senre, to ignote or misestimate prO- conceive these matters intelligently, to enable the Shewas hailed then both by critisa rid 'by the audience as a new of criminal legislation. it the wor-ld, To appli-. and the legal scholar to deal with the ncw and acute prob- artist of inter-national. song - with a bNoautiful and spectacular voice vides some good practical. lawyer theories learned 'itt tentisao' today in theit- inlet-national setting, adequate sources of and a charmi and understanding of heir songs which lent appeal to cation of the infot-matioti and appt-opriate training so that the sources can be her material-no matter' what language was involved, school." duly apprehended, ai-e needed, lest the intelligence and devotion ASUC HIRING which the legal profession of the United States has so conspicuously The Associated Students of the 'University of California. of Marks was also -impressed by apart, of many fexhibited in the administration and development of the domestic which the "Californians"7 Society -is a is miade up -Younger's hiring practices. The laws. may not "have to operate in considering thesc problems, as it varied student interests. This concert is anothee in the A.S.U.C.% department tries to find the best wAer,(e in at vacuum., without sufficient understanding or without the continuing presentation of major perf-birming artists on the Berkeley lawyers available anywhere tit relevanit facts.." (Id. at p. 11.) Campus. the country for placement INT"ERNATIONAL TRANSACTION LAW among its Staff of deputies. Poli. Market R-et eagyaiti there is considerable overlap both with respect to Trade Association (LAFTA), Central American Common tics plays no part in fillin4Li Conmparative l-.aw. and Public International Law. Essentially, this is (CACMb, and Comecon. This list is not exclusive, by any means, but vacanicies. the aresrcovet'ed in detail In Mr, Fi-olik's cours3e; it also includes merely serves to point out the broad at nd far-reaching scope of these S UMMER p~rofessor inow Judge) Jessup's so-called -Traasrational" Law. Pro-. ils The summer law clerk professor Wolfgang Friedmiann, of Columbia University's Int 'ernational WHERE TO LOOK FOR INFORMATION -ull-time work for to -provide a g-ram provides La,1.epartmient. in his Chatnging Structure of International Law, .It has been the put-pose of this ant tidle to attempt students and offers a nominal, advocates :development of separ-ate bodies of ltaw for International basic- exposure to the study of Internati-onal Law for those who have salary while I-hey learn about the Cor1.or.Ltion 1"Aaw. International Constitutional. Law, International :had none. Many have had a course orr more in the subject as under- operation of the department. Anti-Trust La, Inter-national Tax Law, and many other fields of law -graduates, or- in graduate studies befoi re entering I-tastings, and are 'Ours is the largest. prosecu-. which ar-e we-ll codified bodies of law in both civil law and common :awai-e of -some or- all of this informatiton. For those, the article has tion office i n the United States, talaw ounltli,:eThus, there is a gr-eat deal of attention now being attempted. to re-kindle your- interest, an id promolte inquiry in specific Youngrer pointed out. "A consci- in this column in suc- 4'1ve(-Iitl ii hi area or- areas of thlandteicusowllo- areas oi problems. which will be ansNwered. entious law s~udent can absorbi 'ww.Note.Both Jtessups Transirational Law, and Friedmann's ceeding issues. The Hastings Libi-airy h,-as some mnaterial in the field, grea dea of information he-e (hnigsttititi-es.. arec available in out-, libiary.) including the American Journal of IInternational Law, Anmerican about a wide variety of. legal Institutions Journal of Compar-ative Law, Ititernat problems." ()Ithc-inportant institutions to considet-,ih' this context are: ings of the American Society of Internz Younger said those selectedo The \gon('.r tot Intet-national Develo-.pment t'AID). The World Bank Court) Reports, U.S. Ti-eaties and 0thi for the law clerk program do not .3 it') fhre lirt eratio01i"11 Monetary Fund (IMF), tiic Gener-al Agr-ee- the .5 Volume Whitenman Digest of Inte, commit themselves to later- era- ;nmtisi rrtts and Ti-ade (GATT1'), anid the United Nations Con- of classics in the field., including sele4 ployment in. the District Attor'- Ct.-t'-c-s s r I de and Development. UN(TAD), and their- effect on man, and other languages. For an exh., ney's office. Their familiarity' 1or i onrest ir trade (tinpoit-export) arid inter-national investment, many topics of Inteinational Business with the office, however, would Whilt-, _onre 'ia' heeaeas as part of Public International Law, and Shaw (Editors), A Lawyer's Guide entitle them to serious consider- th'i-x-v utstantrollv.' affect transaction law. Other' extremely important which is in the Hastings library. Most ation, he declared, if they dte- sulotCI: at- ID'-heeffect of taxatio~n (both U.S. and foreign) and'aniti- ject is in the shelves on the second flo, cided they -,,voultd like to becomez th 'I(--J r 1)c t1-hdomtestic and foi-eigni) on inter-national ti-ansactions. Nest.) If you ar-c interested and in deputies. Regiotnal Or-gatnizationis library (6th floot-, ot- 3rd floor- of the sti AIt h u g hes entities at-c also considered in tire Public realm, o ulctos Younger --praised Marks for thei thist-. .opic-al discuission would b~e incomplete without mention at this The International Law Society we intelligence and knowledge 'A law he displayed -on the job. itA'iEi-opean Ecotionic- Community (EEC). (i e. the Coin- speakers, and is consider-ing other pt-oi 4)01-it: A~ 'nou Maiket;, Eutiopeanree-c Trade Association (EFTA), Eur-opean contact the author oi- Gary Strieker. I I-C. and Watch. for. anntounlc'e- Marks lives in Los Angyeles, talid,ee Commtunity (ECSC), Eur-atomn, Latin-American Free nments of out meetings. 10717 Wilshire tiBoulevard. Paqe 14 Ilastings College of the Law Tuesday, November 15, 1966 Facae 14 flastugs Csllege ~i the Law Tuesday, November 15, 1966 AM AM 0 aoqh EWAN M.ADDEN A BOVDRs In s4wtIBM YIE

Continued fro-m Page 3- 1-lANDS-OFF to our Founding Father, Senator ton spy to undermine the union, which had had only 29 I return for a moment Company counsel W Zgner. I have told you how casual he was about the selec-, members, but at last had no members. tion of those who would operate the delicate machine wvhich Continuied fr-om Page 9- that the relation between a labor spy and objected, urging pains to createTa hns privileged relation, not subject to dis- he had taken such extraordinary dents. He says "students today his employer is a five-year period a-nd more competent the opportunity, perhaps off attitude was maintained throughout the are sma,rter closure at a hearing. I forewent was r-ather constant than they were in past years." this addition to the list of privi- of my -chairmanship of the Board. There a unique one, of making and magazine criticism of the Board's decisions;. He credits much of this to the The story, when it was told, was not a pretty newspaper leged relations. there were hearings before Senate committees and. a full- fact that law schools have be- one: the spy put the names of union members on pieces of ad- of the Board by a House Special Comn- come more (-cl--cctive in thejir he deposited in agreed places; the vice-president dress investigation missions phClceS. Owing to this paper which mittee; yet never once in the five yeai-s did the Senator picked them up, memorized them. and burned the papers, a n d other' factors, Professor make a suggestion as to how we might 'better do our \Xork. Green believes that the quality and a day or two later discharged the union men for linger- a forbidden place I am sure that he would. have regarded it as a tragedy if of law students has substantially ing overlong in the toilet or smoking in I am 'not at all sure that rules; when the union we had wrecked. his machine, but improved wilhin the past "one or some other infraction of company he would have intervened to pi-event even that. or two generations" men were all discharged the spy was ostentatiously marched HASTINGS to the door and discharged, taking with him the $23 contents THlE PRESIDENT How does be like Hastings? of the union treasury, he being the treasurer. While on the subject, I will say something about the it "a unique and won- with the President. On a number of occa- lie finds UJNFAIR PRACTICES Board's relations derful place." The establish- sions when the Board seemed to be in even more of a ci isi-s ment of the 65 Club was, he Evidence of unfair labor practices which were not only than usual, my colleagues urged me to go to see the Presi- feels, "a stroke of genius." He violations of the statutes but were morally reprehensible dent, explain our predicament and ask for his help. I never finds that 1hc aitudents at Has- tended to divert the point of interest from that of whether and with did that. I thought that, considering that the President tings compare favorably such- things really happened, to the naked legal constitu- liability, wve those found in other major law his advisers regarded the Board as a political tional question of whether it was any of the business of the were lucky that he left us strictly alone. I felt that he did schools across the country. He government whether they happened or not. is especially imipressed with the federal not understand very wtell what we were doing; that if I wvent we help I would also get advice; that the advice location of Hastings. Since SURPRISING DECISIONS to him for are located 0-o near to courts of might not be good, but even if bad. it wtould be embarrassing every level, he feels that we The Supreme Court decisions in our cases came down on not to follow it. have the best location of any April 12, 1937. They were, of course, surprising. But it law school in the nation outside would be equally surprising to hear someone argue today A DECISION of Washington D.C. that the federal government, given by the Constitution the On one single occasion did the President ask me to have He is also impressed with San power to foster and protect interstate commerce, must stand the Board take certain, actiorn. In 1938 Senator Wagner w~as Francisco. He calls it "an excit- helpless in the f ace of an event which stops ore trains in up for re-election. The President told me that he was hear- Has- ing city." While visiting Minnesota, ships on the Great Lakes, freight trains in Ohio ing from New York that "Bob is in trouble." He had a for- tings this year Professor Green had, for the first a spes- and Pennsylvania and West Virginia and barges on the Ohio midable opponent; the New York Times and his wife are enjoying career. come out against him, tacular view of the bay from River, because the event occurred inside the gates of a steel time in Wagner's political princi-pally because of con-iection with the Wagner Act, and. their apartieni a t o p Russian mill in Aliquippa, Pennsylvania. I do not pursue this argu- Hill. Perhaps thie view might over the country, there were prospects -of Republican resur- entice him to stay a little longer ment farther, to include, for example, whatshisname's bar- gence. The implication in the President's conversation was before returnimog to New York. becue stand in Alabama. But I can understand and sympa- strong that the Wagner Act was a political albatross. The After hearing hI'is students rave thize with the Supreme Court's inability to draw -a line President's request was that the Board so revise its rules about him, their envious class- anywhere short of de minim-is. as to allow employers to petition for elections of collective- mates hope so. bargaining representatives for their employees. I explained In 1937 Calvert Magruder sent me a poem written by to the President why such a revision of the rules, as that the class poet of Magruder's Labor Law Class at Harvard. early time in the development -of unions, would not be good. The poem is based upon an actual decision of the Board. The President seemed convinced, and I left. We did not P105K So it is good law. You, may judge whether it is good poetry. revise our rules. Continued fromt Page 1 Two weeks later came the election. There wvas Republi- xalt of thesep decisions," as-, the ALICE IN LABOR LAND (1937 ANONYM-OUS) can resurgence, in the country and in New -York. Governor When Alice had decided that she was a silly ass Lehman was re-elected -over Mr. Dewey by only 50,000 votes. To waste her time exploring lands within the looking glass Senator Wagner's majority was 500,000. He bore the alba- While men like Warren Madden, Johnnie Lewis, Willie Green tross heroically. That was the only opportunity I ever had A+xtvnoIal lloi fr srpsse athKng aind Queein. to ply ol-i ary 1oit. Idid not-Ake tA the--opportunity *4- .

Cafeteri "Why, you economic royalist, you nasty so and so," Replied our lovely Alice, "I'll report to Uncle Jore." service with the Board was then. and not more recently. ID So Joseph Warren Madden, at sweet Alice's behest those days there were very few gadgets on the instrument, Walkin Just took the little matter to his fond maternal breast. panel. We switched On the ignition cranked tip the ma-- 272 McALLISTED But his milk of human kindness, at the outset, seemed to curdle For he really hadn't reckoned on so difficult a hurdle chine and were off. The factory in question did not have a job to fill HAND Which to less resourceful bodies would have seemed a bitter pill. The great Learned Hand, in his little book, The Spirit TYPEWRITER GUY The Board would not be beaten, they just all let down their hair of Liberty, said: And solemnly they chanted "Unfair, unfair, unfair" So let there be created here a preferential list But I believe that the histoi-y of commissions is -,'ery largely this, TYPEWRITERS From hiring aught but Alice must cease, you must desist. When they stai-t they are filled with enthusiasts. anid they are flexible and adaptive. Like all of us, . after they have pro- It really doesn't matter, as a woi-ker Alice stinks, prece- SOLD Or that she's rich as Croesus, or a stone-head like the Sphinx ceeded a while they get their own set of precedents. and know "save the intolerable labor of thought" C-rd they fall into, RENTED You'll. take her in your factory so that by this you may dents You cannot take in vain the mystic letters, CIO. grooves . . - When they get into grooves, then G00'save you to) get REPAIRED them out of the grooves, GREATER WORKLOAD Before the Labor Board became constitutional, and re- MANUAL It grives one a good feeling to be held legitimate by the spectable, Judge Hand made an offensive remark about the & ELECTRIC Supreme Court: to know, after all, that one has not been pre- Board to one of out- lawyers who was ai'guing before him, siding over a kangaroo court. Our work increased. Unions STANDARD When I was told of the incident I sent the Judge an off en- and workmen naturally expected more of the Board after sive telegram. We thereafter, a good while thereafter, be- PORTABLE in- & the Supreme Court decisions. The great mass-production came good friends. Still later, I sat with Judge Hand on his Good Selection dustries of the country, now having good legal%advice, came court. He was still. making offensive remarks to counsel. to terms with the law. But even before the Supreme Court of Used Portables But I had become a. judge and was fitting snugly into my decisions the AF of L-CIO civil war in the labor movement groove, so I kept silent. 1185 MARKET STREET had occurred. It posed hard problems of interpretation of Labor Board, though it has become highly re- AT 8TH the statute and many of our decisions made all of the in- But the volved parties unhappy. But these decisions were the first spectable, has never become stuffy nor bogged. down in a steps in the formation of legal doctrines, most of which are groove. It has done its work with intelligence and distinc- still in -the law. tion, and I am proud to claim a place in its family tree. Tues&v. November 15. 19" Hastings conege of the Law p"e. is TUA9AVq m-qwvH wwsbar Iwow .w -m-mw--Ea-s-IMF- C - - e o h awPg ------CHALLEN.GED -FUTURE MAIL Continued f-rom Page 12- Continued from Page 7-. November 30 a seminar that will guide in the solution to these problems. Hastings - Trade Regulations; Hon. Frank R. Rose pre-w C ALL CIVIL RIGHTS siding A law students Civil Rights Research Council is being organized City Hall - Constitutional Law; Hon. William J. HarriS The following have mail ad-~ by Robert Zwieg at Hastings. Here is- a cha-nce for law students to presiding- dressed to them that is being- help solve the civil rights problem. The law student today can be December 1 held for them in, the Associat- of service in the training he has already had, in filing petitions and Hastings - Constitutional Law; Hon. Alvin 3. Goldstein administrative hearings. This is our chance to help at Room appearing in presiding ed Students office solve the civil rights question in an orderly, non-violent manner. City Hall- Equity; Hon. Preston Devine presiding 110 in the Hyde St. annex. When laws are unjust or fair laws not enforced-, the "Black Power" December 2 This mail must be claimed advocates gain influence. Our challenge to the future as lawyers Hastings Evidence; Hon. Charles. Becker presiding is to see that law and order are mvaintained so that our democracy Hon. William E. Jensen prior to the Christmas holi- will continue. City Hall- Constitutional Law; days, or it will be disposed of presiding S., Arian CALIFORNIA CONFERENCE OF LAW SCHOOLS December 5 Recognizing thie need of the student body to- be involved with Hastings, - Evidence; Hon. Clayton Horn presiding and I attended the Charles G. Armstrong these problems Steve Burtnett, Chip Pashayan City Hall - Criminal Law; Hon. Donld Canstiue.,pre*~ Frank E. Baldwin, III first annual California Conference of Law Schools held at Boalt siding Judith Bandy Hall on Saturday, November 12, 1966. Nearly every law school in California was represented at the conference. All these schools were December 6 Robert J. Beles Hastings - Agency; Hon. Oliver J. Carter presiding F. S. Berger amazingly concerned with the environment outside of law school, as well as the problems facing the internal operation of the law City Hall - Trusts; Hon. A. F. Bray presiding John B. Bigelow school. December 7 Donald E, Bradley Hastings - Trade Regulations, Hon. Marshall McComnb Alan G.Chun JURIS DOCTOR DEGREE presiding The first seminar dealt with the adoption of the 3.D, degrees Robert W. Clirehugh City Hall - Bankruptcy; Hon. Lynn J. Gillard presiding Joanne Condas by California law schools. The conference unanimously passed a resolution urging the adoption of the J.D. degree for California December 8 James L. Condren Hastings - Administrative Law; Hon. Stanley Mosk pre- S. Corse law schools. It was felt that granting a J.D. degree would clear up Thomas the confusion in the minds of the public as to which degree was siding Fr, D. Cullen the degree of the lawyer, that with the granting of a professional City Hall-Property Condemnation; Hon. William Black- Thomas Davi',s, degree, the student of law would take his involvement in law school enburg presiding Michael D. Dowling more seriously, and that discrimination in government and the December 9 MvtRDowney Armed Services would be lessened. The schools that already have H astings-T rusts; Prof. Richard R. Powell' presiding John Dukes, the J.D. degree have found tha~t the granting of such a degree has December 12 most fruitful. Ed Duncan proven Hastings - Commercial Paper; Hon. Gerald S. Levml Charles E. French JOB DISCRIMINATION presiding Donald P, Gangemui The topic of the second seminar was the problem of discrimina- City Hall - Criminal Law.;lHon. Albert J, Axelrod pre.- R. A.Harlem tion in the field of law, The consensus of the conference was that si'ding John [ Hli-s~ something more must be done than just try to abolish discrimina- December 13 Richatrd F).lKihhy tion in hiring practices. A positive program of minority group re- City Hall. Torts; Hon. L. J. Dieden presiding be instituted. Boalt Hall already ha.- such a program Bi11 Kiriahis cruiting must Hastings-- Trade Regulations; Hon. Rfichard U. Chamn- in oper-ation, and has found minority group students, when given did very well and were an asset to bers presiding the opportunity to study law, '14 L enard 13I ou'.1k the legal profession. I think we should look into the adoption of December such a Pirogram at Hastings, City Hall -- Bankruptcy;,lion. 'Lynn J. (Gilard presiding vV\ I nkAI.I 11 George Hastings - Constitutional. Law; Hon. Joseph Karesh pre- P.W VlacauLe / LEGAL AID siding It was agreed TUDM ~~acNeill The third topic of the conference was legal aid. November 29 that law students should take a more active part in providing legal Hastings- Torts, Uoni. Raymond L. SUllian presiding Chu-Lck Mc~iete the indigent, The director of the San Francisco Bait seivices to City Hall. --- Constitutional. Law, Hon. John. W.Bussey Project and of the Alameda County Legal Aid Society said that law students Lire needed and can be of service NOW to the community. presiding__ clear that law students must be prepared before they Philip ')N" T>.,elf It was made take on such responsibilities-this goes along with my idea to have RIDfTGET.,TOU RNAMENT tar the_ _ -L 1studentshould go in parIci- ani A1-% f nvte legal ser ve

Stephen D) Sauder North-South pairs. U.C.L.A. Darryl G. Schooiia H Richard B. Scott The conference ended on a high note looking to the future D meeting to be held at U.C.L.A. this spring. A formal resolution on J 4 Emmaeu-Lel Sedacca C A Q '10 94 job hiring discrimination will be adopted there. The Boalt Hall S Ransom B. Shaiw Student Association did a magnificent job in arranging for the Bd. 16 74 E-W V ut, H Q 2 Edward L. Shein iconference. D will come out of W Dealer AKT William Bz Smith It is my sincere hope that my fellow students C 372 their "ivory tower" and meet the problems that will be facing us Elie 1E. Stevens mean that we should abandon S KQ953 s5a as 'ai chitects of society." I do not H - H K 1097643 Henry Stilts legal studies-this 'by far is the most important preparation the D Q But law studies should D '10986532 Michael J, Sullivao lawyer can have to meet these problems. c 3 C K653 the mind of the law student. If we keep this Dick 'Taylor not be all that occupy West North East Southl in mind, we law students can be of service to our community now, Pass 3H ayioi challenges -of the 3D Double Gl1ennD_1 -as well1 as being 'better prepared to meet the Pass 38 P as s 4C Ronald Tong future. Pass 41 Pass Pass Kar-in GC.1 foedsson Passi on board 16. This was the T, S, W )'-thintgL~m The most varied results were reached only board where no two tables reached the same result, Probably Gene T1.\Watsori the most unexpected. contract was the four hearts reached by Southf at our table. The bidding is shown above. After South made the ANNOUNCING original mistake of taking out the double, four hearts was easily reached. East's failure to double probably resulted from. her belief Ye Olde Annual the tontract was four spades, an error w hIkc h later helped When you give South make this apparently impossible contract. Souith by clairvoy.- ant play, and aided by defensive mistakes, did make this contract. United CrusadeI but the victory was hollow as North-South got low board. the King. V, West led the ten of diamonds and South went up with IYou g ive to The deuce of clubs was led off the board, East ducked, and South put in the Queen. A small spade was led, East ducked and Southt played the ten. The eight of clubs was retuirned, East covered with the King, and South took the trick with the Ace. A spade was led and Bust Tourne~y out of the closed hand, West covered with the King, South played Beer the Ace, and East sluffed a club. South then led tuie Jack of spades December 2nd-Timne and Place off the board, East suddenly realized hearts were trump and played Nlational Association the three, which South covered with the five. South then crossed of Settlements and To Be Announced the boaird with the seven of clubs, East helplessly following suit. A Neighborhood Centers fourth rou "nd of spades was led, East, now having nothing but Stanford Pi Delt's welcome trump, ruffed with the ten, and South won the trick with the Jack, A diamond was led, which East had to ruff, and she was end-played - in trump. Page 16 Uastings College of the Law Tuesday, November 15, 1966 Page 16 IIas~lngsj College of the Law Tuesday, November 15, 1966 University of California Non-Profit Org. REVIEW COURSE HASTINGS COLLEGE OF THE LAW Permit No. 6340 CALIFORIA BAR U.S. Postage (15th Year) 198 McAllister St. San Francisco, California PAID NOW ACCEPTING ENROLLMENTS San Francisco, I for Calif. WINTER 1966-67 SESSION 227 Hyde Street commencing in OPEN MONDAY THROUGH SATURDAY at California Hall, Polk and Turk St's. 7 A.M. TO 8 P.M. Approximately 150 hours of training for the bar,. including analysis of more than 170 bar questions. Comprehensive review of substantive law Lower Prices for of every bar subject. Detailed Outlines of every bar subject. Simulated Hastings Students bar sessions with answers graded and analyzed. Faculty. Richard Wicks, Maxwell Gre'enberg, James Brown, Arva Van $1.25 Dinners Alstyne, John Bauman, Leonard Ratner, Richard Schauer, Jerald Schutz- bank, James Sumner, Kenneth York. Includes soup or salad, entree served with choice Tuition: $175,00 (includes Lease of Outlines) and $15,00 Deposit on of Italian pasta or vege- Outlines. table. Restaurant More than three-fourths of the successful examinees on the California Bar are graduates of the Dishwasher Needed 234 McAllister CALIFORNIA BAR REVIEW COURSE Inquire at 227 Hyde Street 4211 WEST OLYMPIC BOULEVARD * SUITE 101 LOS ANGELES, CALIFORNIA 90019 - STUDENT MEAL TICKET $2.60 each -if pur- SAN FRANCISCCO Full course meals usually LOS ANGELES selection. No restric- 934-3878 474-7383' chased separately. Wide IVAUGHN I tions - feed your friends and rela tives too! PE-HOLIDAYI SALEI SUIT CHRISTMAS CHARTERS ~VADVRound Trip NE O KStarts at $169 NE etEuimn on American, TWA New mUsed II.K. Trans International, Capitol and Overseas National PRACTICE TEXT BOOKS CHICAGO RounTrip $149 SETS - CASEBOOKS UNCA CHARTER OUTLINES REPORTS Fifth Consecutive Yea~r BRIEFS DIGESTS Call .548-1321 (3:30- - 6:00, p.m. weekdays) Write P.O. Box 267, Orindla REVIEWS ENCYCLOPEDIAS STATIONERY Main. Store Student Store UN 3-2900 SU T1-3719 138 McALLISTER ST. 339 KEARNY ST.

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