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11-30-1976 Hastings Law News Vol.9 No.9 UC Hastings College of the Law

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Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.9 No.9" (1976). Hastings Law News. Book 277. http://repository.uchastings.edu/hln/277

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Vol. IX No.9 SAN FRANCISCO NOVEMBER 30, 1976

OUTSTANDING LIVING THE CHEATING STORY .' HASTINGS ALUMNUS [IN CHRONOLOGICAL ORDER]

In 1974-75 Hastings adjudicated was made to assure procedural due student disciplinary matters under process. • the ASH Student Honor Code. In Since there were no longer any 1975-76 ASH spent the entire year ASH regulations for handling such revising and reworking that Code. student discipline problems, the After months of disagreement, hearings were conducted ' 'under the ASH rescinded the Student Honor Continued on page 9 • Code effective in February. When Spring examinations rolled around, then, there was no formal procedure DISCI PLI NARY for handling student disciplinary matters. Against this background the PROCEEDINGS • following incident transpired: During the May 1976 exams a To: Hastings Law News proctor observed unauthorized ex- From: Dean Marvin J. Anderson amination assistance in progress and • promptly notified Assistant Registrar I have been aware of the interest of Charles Earlenbaugh. Earlenbaugh many students of the College in the then notified Vice Dean William examination "incident" that occured Riegger and Dean Anderson. A at the end of the Spring semester. committee of seven faculty members Because the process employed to • was selected to conduct hearings into inquire into the facts were not the incident. completed until recently and in order Justice A. Frank Bray was honored the Hastings Alumni Association, is That faculty committee, chaired by to avoid any prejudice to the students at a dinner on Nob Hill Friday night, presently Chairman of the Hastings Riegger, conducted four days of involved, I have made it a deliberate • November 12, as more than 500 well- Board of Directors, trustee of the hearings into the alleged cheating policy to decline to discuss the matter wishers gathered in the Grand 1066 Foundation of Hastings, and and heard testimony from the four publicly. Now that the Board of Ballroom of ｴｨｾ＠ Fairmont Hotel. The Board of Directors member of the students allegedly involved. All four Directors has taken fmal action, I U.C. Centennial Medal was awarded Hastings Center for Trial and Appel- were represented by counsel and a would like to make a few comments to to Justice Bray as the "Outstanding late Advocacy. verbatim transcript was taken by a the Hastings Community regarding Liviug Alumnus of Hastings A graduate of the University of court reporter. In short, every effort the incident. Continued on page 7 College." California, Justice Bray received his Also sharing the honors were the J.D. and LL.B. from Hastings in 190 other Hastings judiciary alumni, 1910. He was Martinez City Attorney seventy of whom received personal for eighteen years and has been a THE LABOR LAW CURRICULUM: Certificates of Acknowledgement resident of that city since 1912. He from California Supreme Court Chief also served as City Attorney for GRODIN'S GUIDE Justice Donald R. Wright. Special Pinole and Concord, and Assistant presentations by alums John. T. District Attorney for Contra Costa TO THE PERPLEXED Knox and George Moscone, as County. After appointment to the :.>ttendees enjoyed the fifteen dollar/ Superior Court of Contra Costa This is a special to the Law News by federal law, with treatment of the plate banquet, also highlighted the County in 1935, Justice Bray joined Hastings Professor Joseph R. Grodin. relationship between union and indi- evening. the District Court of Appeal in 1947 He begins by outlining the Spring vidual workers as time permits. and became Presiding Judge in 1959. labor law curricula and concludes BRA Y STILL WRITES OPINIONS Advanced Labor Law (Professor Although officially retired since 1964, with his own perception of Hastings' Grodin, 2 units, Tue., Th., 9:40- Justice Bray, a past president of A. Frank Bray still writes opinions for labor law program, past, present and 10:30) - This is a continuation of the Court today. future. -The Editors Labor Law I from the fall term. It is ------1 VIOLINS AND A PROFESSORSHIP Numerous questions from students intended mainly for students who have had Labor Law I in the fall term • HASTI NGS Alumni Association President regarding the labor law program for this year or last, though students who Jerome Marks opened the evening's the Spring term have inspired me to took Labor Law from Professor BAKKE program, welcoming the myriad try and bring some sense of order to Kanowitz last spring may enroll if members of the Hastings legal com- what must seem like chaos, even to they wish. Subjects to be covered are: PO LI CY munity (to a dinner of rolled chicken) those experienced in dealing with The Individual and his Union (the as the Hastings String Quartet chaos. law, both common and statutory comprised of Mrs. Russell Sullivan, In the Spring term this year are relating to internal union affairs); The Special Committee on Admis- cello; Mr. Richard Prosser, violin; offered three courses and one serni- Labor Law in the Public Sector (with sions was appointed in late Septem- Mr. James Berhdahl, violin; and Dr. nar in the labor law area. The three special focus upon California sta- ber, The Committee was asked to Gordon Richmond, viola; played two courses are as follows: tutes) ; the developing Farm Labor • conduct hearings, secure input from movements from "The American Labor Law (Professor Kanowitz, 4 Law (with special focus upon Cali- all interested parties, and develop an String Quartet 116" in F major, Opus units, Tue., Th., 8:40-10:30) - This is fornia's Agricultural Labor Relations admissions policy compatible with 96. Judges John D. Jelletich, Ollie a basic labor law course for those who Act); and some issues, such as the the Bakke decision. Marie-Victoire, Robert W. Merrill, have not otherwise been exposed to Continued on Back Page • The Committee's Report and Re- and Donald B. Constine honored their labor law. It will concentrate mainly commendations were presented to brethren in attendance with the on labor-management relations under the Dean on November 15,1976. I am Acknowledgements, signed by Chief r------I attaching a copy of this document for Justice Wright, Honorary Chairman publication in the Law News, and I of the dinner, who could not be THEFT RING .. invite comments from the Hastings present. Assemblyman Knox then community. delivered Justice Bray a special Too many things are missing. Out Hastings is doing about it and what's DEAN MARVIN J. ANDERSON commendation from the California of cars, out of classrooms. What gone down already. Next in the Law News. Continued on page 10 Continued page 11

Non-Profit Organization HASTINGS LAW NEWS U.S . POSTAGE H.ltlngl Coll-Ue of the L.w PAID Unlvenlty of C.lllorni. SO YOUR ROOMMATE'S A JERK? San Francisco, Ca. 188 McAllllter St. [SEE ANNOUNCEMENTS PAGE 2] S.n Fr.nclaco, C•. 94102 Permit No , 10286 ｐａｇｅｾ＠ HASTINGS LAW NEWS

INTERIM EXAMINATION RULES ANNOUNCEMENTS

(1) Each student will write or type the examination in the room to which Exams rescheduled for A.M. will begin at 9 a.m. as usual. However, (6) All questions and requests for he or she has been assigned, and those for P.M. which normally begin at 1 p.m. will not begin until 1:30 p.m. clarification during an examina- in no other place. Students should come a bit earlier however to sign in and sign out at the tion shall be directed to the proc- (2) Each student will sign in and out exam location. tor. No student shall converse of the examination room as di· Actual time reschedules and room locations will be posted at the Hyde another for any purpose in an rected by the examination and McAllister lobbies. Students MUST take the exam in the room/site examination room after an proctors. scheduled. Be certain you know whcih section of a multi-sectioned course examination has begun. (3) Smoking is prohibited in all ex· you are enrolled in. Check printouts in Room III where doubt exists. (7) After an examination has begun, amination rooms, including a student may leave the examina- typing rooms. tion room for the purpose of going (4) Except in the case of "open to a rest room or relaxing in a book", "open-code" or "open A printout of current Fall-Spring enrollments indicates many students nearby corridor. Under no cir- notes" examinations (for which will fall short of 87 (required for degree). cumstances may a student leave Be certain your Spring enrollments yeild 87. the professor concerned will issue the building during the course of special instructions), no resort an examination until his or her may be had during the course of examination materials have been an exam ina tin to any unauthor· turned in to the proctor. ized source materials, wherever (8) Violators of examination rules and the same may be located. No un- Add-Dropping of courses will occur Tues. Jan. 4 through Thurs. Jan. 6 by regulations will be subject to dis- authorized books, notes, papers, reverse lottery number. Third year students first. Remember you must be ciplinary action which may result briefcases or like materials may enrolled for 24 units for the 76-77 academic year and no less than 12 each in suspension or dismissal from be brought into an examination semester. (11 in Spring if 13 previous Fall) and complete 87 for the May the College. room. degree. Pre-requisites for courses are in the current catalogue except (9) Requesting, giving or receiving (5) No student mllY begin writing or Corporate Finance requiring Corporations and Accounting for Lawyers. unauthorized assistance in any typing an examination until the form during the course of an ex- proctor has issued an instruction amination may lead to suspension to begin. Every examinee will or dismissal from the College. stop writing or typing immediate- If you will be looking for a new place to live upon returning to school next ly upon announcement by the Novemuer 10, 1976 semester, we would like to remind you that the College maintains a proctor that the examination has Housing Office at 305 Golden Gate A venue, Room 267. This office provides ended. the following services to all students: -Listings of available apartments, flats, houses, and share rentals. These are displayed on the bulletin boards outside the Housing Office from 8 a.m. to 5 p.m. Monday through Friday. -General advice and guidance in locating suitable housing, including transit maps and Caltrans carpool application forms. Stop by the Housing Office for assistance, or phone 557-2189. EDITORS Larry Falk, Sid Luscutoff

THE ASH BOOK EXCHANGE WILL BE HELD FROM JANUARY 3-7

NEW SCHEDULE STAFF Turn in Books MONDAY, JAN. 3, 9:00 - 3:00 Tom Garvin, W.W. "Bill" Webb, Buy Books MONDAY, JAN. 3, 4:00 - 5:00 Donna Levin, Gail Mitchell, Chuck TUESDAY, JAN. 4, 9:00 - 3:00 Dickenson, Zook Sutton, Lorin WEDNESDAY, JAN. 5, 9:00 - 3:00 Brennan, and occasionally Grant THURSDAY, JAN. 6, 9:00 - 3:00 Jasmin. Receive Monies FRIDAY, JAN. 7, 9:00 - 3:00 PHOTOGRAPHY Bob Aicher New Theft Policy Jeff Gersick, Jeff Kimmel ASH will refund one·halfthe cost of any stolen book New Reimbursement Policy Any student who cannot pick up their money on Friday, January 7th, The Law News is published bi·weekly during the school year at the University of California Hastings must make arrangements prior to that date with Zook Sutton or Terre College of the Law, 198 McAllister Street, San Rushton. All mones remaining with theBook Exchange after 3:00 p.m. Francisco, CA 94102. Advertising rates furnished on January 7th, will revert to the Book Exchange. on request. The contents of this publication may not be repro· duced in whole or in part without written permis· Please label all books with tape on the book spine. Labels should state sion. Opinions, articles and statements which appear herein are not necessarily those of the staff, your full name and price of the book. Please leave room for the Book advertisers or editors of the Law News. (f 1976 Excange receipt number you will be assigned when you bring in your books.

• BANKAM}lUCAJlD Hastzngs GILBERTS Bookst MASTER CHARGE ore HORN BOOKS

WELL, IT'S STILL SAFER THAN flown 67 million passengers and suf- WALKING OUT OF NEW YORK fered 5 fatal crashes over this time, in (CPS)-If you're planning to take which 152 customers lost their lives. Allegheny Airlines home for the holi- Its safety record comes out one and a days, good luck. half times worse than the world A recent study by the London average. Sunday Times shows the heavily- Overall, The Times reported, U.S. used East Coast carrier is less safe airlines have been consistently safer than any other U.S. airline. The than the planet's other airlines. Delta Times compared the number of pas- has the safest record with nine times sengers flown with the number of a better record than the world aver- fatal crashes for the world's major age. Romania's Tarom Airlines, with airlines over the past 25 years to a record 20 times worse than the come up with its data. Allegheny has world average, is the most danger- ous. NOVEMBER 30, 1976 PAGE 3

HASTINGS RUGBY RIPS USF-23-2

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• LAW NEWS BLOWS IT!

There were several production got mixed in with the copy that went Attorney devoted a solid hour to errors in the last issue of the Law to the typesetter and couldn't be telling forty students the "in's" and News.1nvaribly there are some errors found till after the finished copy went "out's" of getting a job with the • and omissions that are called to our to the other side of town to the offset NLRB via the selective civil service attention after each issue hits the shop for final printing the next day. process. Lots of good info that stands. We usually (and justifiably) Our apologies. probably could be generalized to any chalk those' up to time and logistic Furthermore,there was the front Federal agency . ... Someone said, • constraints, not to mention articles page article about labor leaders " sure, they'd write a re-cap of it for that aren't submitted according to speaking here at Hastings with the the Law News." But did they ever I form. article finishing with a brief (perhaps tum anything in??? If they/helshe Let's face it, if you don't type your scanty) history of the labor law had we'd have printed it. submissions double spaced on some- curricula at Hastings. We said that it 1n this case as in so many others we • thing better than a Milky Way was mainly taught by Professor had to solicit the article that was wrapper and Sister Mary God-Save- Joseph Grodin. 1n fact there are other never written. Volunteers? Not a Your-Soul gave you an "F" in faculty members who teach labor law chance. Too much stuff goes on penmanship in eighth grade be damn courses here and we apologize to around here for everyone to get to happy we made an effort to read your them for this omission. Likewise, we everything. Theoretically, if it's in .. scrawl and please don't complain if apologize to every other deserving the Law News afterwards at least we thought you wrote vasomotor professor who somehow didn't see those who didn't attend will have instead of vaseline ... or was it the his or her name in the Law News some idea of what they've missed, other way around. in the last issue or any other issue for and still somehow benefit despite But as for last issue, you may have that matter. It's not that we don't their absence. Moral: Volunteer an noticed that the East Asian Law love or appreciate you it's just that we article, whether you're a student, Society had an article on their Hong don't have the staff to write staff or faculty person. Kong tailor. Likewise, you may have about you (Reference our editorial of Makes you stop and wonder noticed right there on page four next October 18th.) Same goes for student whether it'd be a good idea to have to the article a rather large space with groups. every organization receiving ASH some bold type indicating that a Most recent example of the Law monies tum in a newspaper article on picture (the one to the _ of the News' failure to communicate an each of their events in order to article) was to be placed there. It was, interesting - if not important - news continue to recieve funds. But in the mad dash to get that event to you: The National Labor edition together the picture somehow Relations Board's Senior Litigating

COMING SOON BULLETIN FROM N.Y.U. LAW SCHOOL You don't know it, but right here under your noses some innovative law school teaching methods are A groundbreaking agreement A statement of policy to be adopted Redlich praised all parties for being implemented. It just may be signed last week provides for the by the University Board of Trustees acting in a statesmanlike way, and that Hastings is on the forefront of sale of the C.F. Mueller Company, provides that the" Law School ｳｨｾ＠ ｢Ｎ Ｎ ｾ＠ added that he and all the members of legal education in America. Is it currently owned by the Law Center permitted with the resources avail- the Law School community are in- good? What about the 'traditional' Foundation, for a figure of $115 able to it to carry on its educational terested in having a university that is methods? We'll talk to some profes- million. The proceeds of the sale to program to enable it to maintain and fiscally sound because "you can't sors who are taking new approaches Foremost-McKeson, Inc., will result enhance its position as a leading have a great law school in a university to old problems as well as those who in huge unrestricted endowments of American law school without restric- that is financially unstable." aren 't . Coming in the Law News. $67.5 million for the exclusive use of tions due to overall University re- Reprinted from N. Y. U. the Law School and $47.5 million for straints. " Law School Commentator the University. The agreement is important be- cause it gives the Law School fiscal autonomy while providing the funds necessary to help keep the University A solvent well into the 1980's. 1n the words of Dean Norman Redlich, "the JUGGLER'S MARRIAGE Law School will no longer have to rely on the dividend policy of a commer- Merry Christmas * * * Happy Chanakah * * * Happy New Year * * * Seasons Greetings cial company," and will instead be guaranteed "an additional annual The OUTING CLUB and the LAW NEWS Join hands to give income of $2.5 million dollars." you the best party Hastings has ever seen. In the middle of the While an announcement on the Mueller stock has been expected for week in the middle of the day in the middle of the Commons. some time, the sale of the company comes as a surprise to many in the CASH PRIZES-FREE B*ER Law School community. Since no move could be made without the con- JUGGLING CONTESTANTS SIGN UP NOW!! sent of the University Board of Trus- tees, the agreement resulting from long and hard negotiations appears to be beneficial to the Law School. PAGE ·j HASTINGS LAW THIRDVEAR BORED

All you schmucks that bought At this point it would be best to instrumentals to fit the commons one till the Juggler's Marriage next tickets to the great Hastings Dance tum this over to our entertainment perfectly. semester. (Have the same good but couldn't make it eat your heart editor who would point out the Next our human behavior ,editor ingredients that the Third Year Bored out. "Perfect Circle" played music Perfect Circle blend and other would jump in with a graphic accout did plus a juggling contest. Make it that would rival any group in town, poignant cultural details, not the lest of the writhing, thumping, bumping during the day and keep the price low and included cuts from their new of which would be a run-down of the bodies that packed the dance floor. (frre) and you've got an Outing album too! Somehow Tom Smith and seven piece group's fantastic sound The floor under the foossball ma- ClublLaw News production.) Look for crew managed to get them into the system technicians who tailored the chines got some action too. it on the first Thursday in January. Tenderloin and boy did they ｾｬ｡ｹＮ＠ group's funky soul and big ban Don't expect another affair like this LEVIN'S INTRODUCTION TO LAW SCHOOL VOL. VIII Even for those of us who are used 2) If I were going to a desert island that I'm too busy for- answer. Divide your score by the year to being bored by our own thoughts and could take only one book with a. I take it as a personal rejection of your birth. If the resulting number (cf. the author's earlier work, How I me, I would take- b. I change the subject by accusing is .00015 or more, congratulations! Slept Through the First Seventeen a. Lady Chatterley's Lover him or her of having an affair be- Your personality is ideally suited to Years of My Life), the question, "Do b. Prosser on Torts hind my back, of never having the practice of law. Those of you who I have what it takes to be a lawyer?" c. A Superman comic really loved me, and of eating did not receive a passing grade are can become almost as monotonous as the rocky road ice cream that I extra lucky, though - you now have reading contracts while watching 3) If I call a friend and get a busy was saving for an emergency enough worrying to do to keep you off McHale's Navy re-runs. This does signal- chocolate craving the streets during your entire vaca- tion. Enjoy, and Happy Chanuka. not mean that you need scrap this a. I take it as a personal rejection c. I break out in a heat rash time-honored tool of self-torture; b. I hang up and try again later rather, you can get a running start on Now, compute your score, glvmg Yours Truly, c. I smash the phone against the yourself 10 points for each "a" a migraine by refining the question so Donna Elaine wall in a fit of paranoid frustra- answer, 8 points for each "b" that you now ask yourself, "Do I want tion. to be a lawyer?" If you wish to lose answer, and 3 points for each "c" yourself further in this emotional 4) I am in a restaurant and am having jungle, try taking this psychological trouble getting the waiter's atten- r------"I test. Remember, as with law school tion- exams, there are no right answers in a. I take it as a personal rejection this test - only low scores. b. I patiently wait until I can catch THE GAlERIE his eye 1) My favorite way to spend an c. I tap dance on the table while A distinctive shop, THE GALERIE specializes in good evening is- singing' 'The Best Things in Life haircutting for women and men with an emphasis on free falling a. Drinking myself into a stupor Are Free" until I at least get a styles with simple upkeep. b . Reading books that improve my glass of water We have no preconceiv'ed ideas of what your hair should mind 5) If my boyfriend, girlfriend or look like. Whether you want to wear it super short to super long, c. Flashing in Golden Gate Park spouse (or pet aardvark for that we will work with you to give you a style you .desire matter, this is an open-minded column), asks me to run an errand For more information, inquire: THE GALERIE Hours: 11 :00 / A.M . to 8:00 P.M . 2049 Polk Street Tues. thru Fri.; 10:00 A .M . to 3:00 P.M . Sat . or by appointment Telephone: 771-HAIR

(From Hastings take the Polk 19 bus at larkin and McAllister to Polk and Broadway) r------l LEAVE HARRY ｲＮｷ［ＭｾｾｾＭＮＭＭＭＭｬ＠ THE: HARRINGTON'S I ｾ＠ I StJJT ... PUB I I I LAVV .aaKS I I I : WE HAVE A COMPLETE LINE: : OF HORNBOOKS, TAPES, : I BRIEFS, AND OUTLINES! I I SERVED YOUR I PLEASE COME IN I GRANDFATHER· FATHER I : AND BROWSE! : HOW ABOUT YOU? I I I I 138 McAlUater St. 863-2900 I I OPEN: 9-5:30 Weekdays I I I 9-5:00 Saturdays : 460 LARKIN : I BANKAMERICARD AND I __ ｾ＠ ｾｯＡＮｮＮＡｲＮＡＡＮＮ＠ TURK__ ｾ＠ ｾａＮＡＡＡｾｃＮＡＡｾＡｾ＠ ｾｾＡＮｰＮＡｾ＠ ｾ＠ NOVEMBER 30, 1976 PAGE 5

PHI DELTA PHI THROWS PARTY FOR INVITEES The guest list read like the tenderloin's society register. Phi Delta Phi Vice Magister Shelley Kramer feted a welcome party for new Phi Delta Phi members that • they'll be talking about for at least a week. Magister Nelson Barry spent all night mixing and pouring (and yes drinking and drinking) Diamond Heights margueritas. He was not alone. First, second and third year students make up Phi Delta Phi, the oldest international legal fraternity and the first legal fraternity to be • established at Hastings (1883) . Mem- 1. bers espouse a low key interaction - with members of the legal profession and count among their members Hastings Professors Sullivan, Lind , Green, Henson, Prugh and more. Student members are extended invi- tations on the basis of academic and personal records. An emphasis is • place on the latter. But on with the show, uh, er, party!! What was in the brownies? The cook wouldn't tell but with so many other good munchies the partygoers' • attention was distracted from one dish to the next and then to another drink and then maybe out to the terrace for a breathtaking view of Columbia, or was it Thailand?? • No one was surprised when member Charles Naegele arrived with his stunning escort, but jaws dropped with the advent of certain • unannounced guests. Tom Cairnes met with Harold Shilberg - the first time they'd seen each other since rooming in the same house at Cornell University . .. And yes, the faculty members of Phi Delta Phi were represented by fraternity (that's a bad word 'cause actually there are more women in Phi Delta Phi here at Hastings in proportion to the men, than there are in the student body at large) stalwart Floridian Steve Lind. Ah, the good .. life . D.A. SUES FINGERHUT MYSTERY • San Francisco District Attorney Fingerhut also claims that the cas- often confusing credit sales. But A GHOST IS HOST IN JERSEY Joseph Freitas, Jr., announced that sette tapes it offers to consumers are Fingerhut's blatant violations of (CPS) - William Paterson College in the Consumer Fraud/White Collar "exclusive offerings, just for Finger- these laws make it virtually impos- New Jersey has an unusual night stu- Crime Unit of his office has filed suit hut customers," and that they "reg- sible for the consumer to make in- dent. There is a ghost living upstairs against one of the country's leading ularly" retail for as much as $11.98. telligent spending decisions," noted from the office of the director of ad- mail-order houses charging it with In fact, the suit contends, the offer- Bonner. missions, Dennie Seale, or so Seale false, fraudulent and deceptive ad- ings are not "exclusive" because District Attorney Freitas said his says. Haledon Hall is a 19th century vertising claims to promote sales of a most of the tapes are readily available office would seek full restitution for castle that houses administrative of- cassette tape recorder and other at retail store throughout California. those consumers who have been fices on the college grounds. household products to consumers And they are widely available at victims of the company's practices, The alleged ghost materialized throughout California. prices substantially lower than $11.98 and civil penalties of $2500 for every when Seale reported a death like The suit contends that Fingerhut -many for $3.98-$5.98. violation. silence in the building around sun- Corporation of Minnesota has not The suit also alleges that Fingerhut Fingerhut's mail-order sales of down and someone walking towards only engaged in false and misleading has failed to comply with state and merchandise last year exceeded one- his office. There were never any advertising, but that it has also vio- federal credit disclosure laws. The quarter of a bi.JJ.l.on dollars. The com- response to his querying, "who's lated both state and federal credit complaint contends that in violation pany claims tgo be one of the nation's there?" disclosure laws. of both federal and California laws, leading mail-order houses. Seale hears walking on an upstairs "Fingerhut's violations of the con- Fingerhut faHs to disclose the meth- The Consumer Fraud Unit has staircase which is locked to everyone sumer protection laws are so numer- ods by which finance charges are been investigating Fingerhut's acti- but, apparently, the ghost. All these ous that a mere listing of them reads computed and fails to include the vities for several months since re- events led to the summoning of a as a summary of the abuses which led installment sales agreement between ceiving a complaint from a consumer demonologist who was, incidentally, to the enactment of those laws," defendants and consumers in a single who wanted to purchase three tape lecturing during the college's Occult declared Ray Bonner, chief of the document. Instead, the terms and players for which she thought she Week Program. He indeed reported Consumer Fraud Unit. conditions of the agreement are scat- would pay $79.95. To her dismay, feeling something supernatural. The One of Fingerhut's brochures bold- tered among various brochures, let- however, she was billed $560.52, demonlogist's wife , a "sensitive", ly and prominently proclaims a sale ters and postcards. which included 45 cassette tapes she perceived the image of a woman and price of $29.95 for a Cariole tape Additionally, Fingerhut does not did not want. a sick child. player "comparable in every way to inform consumers as required by The case will be prosecuted by Seale skeptically shrugged the $ 79.95 tape players. " Aconsumer California law, that they need not Raymond T. Bonner and Luis g . whole thing off and said he didn't sign the agreement if it contains any Stelzner, Assistant District Attorneys mind if the ghost was in the ｢ｵｩｬｾｾ＠ ｾ＠ cannot, however, purchase the tape ｾ＠ player for $29.95, but must agree to blanks; that they are entitled to a Stelzner observed that, based on the " as long as she's properly purchase 15 tapes and pay a total of completely filled-in copy of their complaints received by the Consumer tered." That's the spirit. $176.52, a fact which is not revealed agreement; and that they have the Fraud Unit, Fingerhut appeared to except by fine print buried in a right to payoff in advance the full concentrate its promotioal efforts on footnote. amount due and to obtain a partial. the low-income, non-English com- Also buried in the footnote is the refund of the finance charge. munities. "It appears," he declared, ) fact that the consumer will be ob- "The credit disclosure laws are "that the victims are those who most the Consumer Fraud ｾ､･ｲ＠ a ligated to pay in installments and pay designed to provide consumers with need the credit information Fingerhut grant from the van Lobe Sels Foun- a finance charge of 20%, which is all necessary credit information in a has denied them." dation, have been inst ental in greater than that allowed by Cali- clear, consipcuous and meaningful Roberto Lopez and David Axelrod investigating and preparing t case. fornia law. manner in the area of complex and who have been law student interns on PAGE 6 HASTINGS LAW NEWS

READERS WRITE Dear Sirs, For some time I have been tempted any of them rec-ntlJ, except possibly A FEW WORDS FROM YOUR shelve Your Books" signs, which to write to you with regard to the al- Edgar Sinton. A letter addressed to FRIENDS AT THE LIBRARY neither we nor the person who most unbelievable progress in the Anthony Caminette at Jackson Cal We have just received from several can't find 15 Cal Reporter because teaching of Law at Hastings today, as was neither answered nor returned. I students the following complaints, you left it by the copy machines compared with what we had many believe that Lawrence Edwards is in which we feel are just causes for an- appreciate. While we're on the years ago. I graduated in 1912, Stockton, but I have no informatior. ger, annoyance, and frustration, par- subject of piggishness, would you having attended classes in the Whit- about others. ticularly in view of the large student please trouble yourselves to throw tel Building, where we occupied the Along with Rolla Watta, I marvel at body and the Cramped quarters. away coffee cups (sometimes half twelfth floor. There was a maximum what is now going on at Hastings as (1) Camping out, i.e. leaving one's full), Coke cups (ditto), Cheez-It of 25 members in our class, including compared with what went on when belongings at a corral or a place bags, Hersey bar wrappers, none one young lady, who, as you can we were students. We were ill pre- at a table and not occupying of which is supposed to be imagine, was quite the darling - pared to go out to fact the cruel, cold said spot with one's person for brought into the library anyway. The letter from Rolla B. Watt, world of practice of the law, even several hours. (3) Wandering Books. Perhaps some published in the Law News of No- though we may have been well (2) Talking loudly and lengthily in of the following just followed you vember 1st, 1976, brought back fond grounded in its theory by a faculty of reading rooms. home, without being checked out memories of the faculty and members dedicated lecturers. We did take part The library staff has several of its first. If so, could you induce them of my class and of other classes. My in one moot court during the three own complaints. to return to the library with you, brother, Harry Gehalle, graduated years - but were offered no other at least long enough to get pro- with the class of 1918, with Justice practical experiences or training by (1) Excising pages from reporters, perly checked out, so we can Frank Bray, and other distinguished the College. It is so different today, codes. An illustration: Mr. Van account for them? persons. Neither one of us continued and Hastings students should and Kessel assigned his Crim Pro to practice for many years. Harry is must consider themselves fortunate class of 96 students "Ludwig v Herbert, On Guilt and Innocence over 88 years of age and is not in the in what they can get from the College Massachusetts" to read by Thurs- white, LegaiImag!nation best of health. About 1920 I became today. day, 11 November. The library, in Shemel, This Business of Music involved in a wholesale shoe busi- The faculty, headed by a Dean of various sources, has six copies of Spanish/English Dictionary of Legal ness, from which I retired in 1962, great merit, is not surpassed any- Supreme Court decision. As it was Terms and have lead a life of leisure ever where, and the activities offered to mandatory reading, therre was 1972 University of Illinois Law Forum since. the students are unbelievable to one heavy demand for all the sources. Henkin, Foreign Affairs and the Most of my classmates are gone, who was of the Class of 1912. Best On Thursday morning, 11 No- Constitution and I have had very littel contact with wishes. vern ber, a potential borrower Wade, Restitution pointed out that someone has Sincerely, 9 American Journal of Compartive stolen the case from 44 Law Oscar Geballe Law Week. It seems rather ironic that Schwartz, Lawyering this theft occurred in connection 1973 Harvard Journal of Civil with a course dealing in criminal Liberties law (although theivery is hardly UNCLE WILLY'S Menninger, Crime of Punishment limited to students of criminal ACLU, The Rights of Prisoners law, insurance law students, or 7 Bankruptcy Court Decisions (SAD) even, believe it or not, tax law 28 Business Lawyer students have been known to 51 NYU Law Forum ROUGH DRAFT deface or steal library materials). Waltz, Medical Jurisprudence (2) General Piggishness, or We Do Schwartzenberger, International Law The beautification project that was Not Provide Maid Service. The 7 San Diego Law ｾ･ｖｬ･ｷ＠ A SUPERIOR COURT OPINION has recently completed near the entrance main function of the library staff 8,9 Santa Clara L.R. upheld a student's claim to receive to BART on Hyde Street prompts is to provide reference and re- 1970 Wisconsin L.R. unemployment insurance. The indi- some interesting observations of our search material most pertinent to 51 Harvard L.R. vidual is a law student at UCLA, and city and its people. The futuristic their studies. Before the material 17 November 1976 said that she would refuse work that can be found, however, it must be lamps that were installed look like interfers with her studies, but main- Martha Blum in its place. There seems to be a they were stolen from the top of Po- tained her right to unemployment Reference Librarian distinct disregard for the .. Re- lice cars; they emit the erie feeling benefits. The California Employment that someone or something is watch- Development Department claimed ingyou. that she should not be excepted from The following letter was slipped More importantly, the area has the "seek-work" rules that apply to under the Law News door [i.e. not been adopted as home for panhand- other applicants. The decision is via Intercampus mail) and we don't all, the fine work of the conscientious lers and vagrants and all sorts of law being appealed. vouch for its authenticity since we A.S.H. sub-committee on budgeting students. It is a sad but true fact that don't know who wrote it. We don't was wasted and its recommendations no matter where along the Market HAPPINESS is being a second year show the signatores as a campus disregarded and overruled. George street or Civic Center area benches student. and watching the first year organization either. But for what it's Hannen, aren't you proud? and lawns are built, there will always students trying to find out on which worth, here it is. The Editors. Third World be enough of these individuals to pages of the U.S. Code Congressional First Year Class occupy the area. Many people don't and Administrative News the full text seem to realize that the beautification The recent budget allocations by of the Housing and Community- t------. of a city, state, or country does not Development Law of 1974 is located. the A.S.H. Council on November 10th Dear Editors: come from installing expensive bricks serve to point out that despite all and fancy lights. It comes from taking rhetoric and platitudes to the con- Are there enough codes? To any- care of its citizens. I don't know how UNHAPPINESS IS having a first year trary, that august group of represen- one who studies code, after code, afte much money was spent on this pro- student ask you where the U.S. Code tatives has no more of a monopoly on code, I'm sure that they would say ject, (I would rather not find out). I do Congressional and Administrative -ltruism, philantrophy, benevolence yes. But, what are codes except a know that if some of the money was News is located and having to tell r any other noble trait than the spent on helping these individuals them that you can't remember. ammon man, and perhaps much less grouping of laws that are directed in a specific area. And, while they do cope with life, possibly some would. lommon sense. When it came down not feel that they have to sleep on to splitting the monetary pie, the often refer to one another, they be- long to a specific division. Wouldn't it banches and panhandle for money. I TO THOSE OF YOU WHO WERE grand and noble sentiments all dis- am not necessarily advocating that appeared as petty prejudices and seem silly to have a traffic law in the UNABLE TO COME UP WITH health code? more money be spent on them, only MORE THAN 5 PAGES OF ARGU- personal interests emerged in a mad that given the two alternatives- scramble to take as much as possible Now then, what is this about a new MENTS FOR MOOT COURT, Chief code? For whom and or for what??? treatment for them or fancy bricks, I Justice Warren Burger is on your and give as little as necessary. will opt for the former. Until that Funding for the Native Americans VICTIMS OF CRIME. side. It has been described as a "rare Laws are usually made for or problem is dealt with, gold bricks and outburst from the bench," the Chief was paternalistically generous. The chandeliers will not make Market Hastings Gay contingent should be against certain actions by specific Justice complained of the verbosity of individuals or groups. Up till now, street any more beautiful. Enough the briefs submitted to the high absolutely gleeful and will undoub- moralizing. [Willy 11:32) tedly laugh themselves straight to the victims of crime have not had people court. He said that the particular bank. The Third year class managed to lobby for them when laws were brief before him could have been re- to finance themselves a helluva made. And, because of this, their duced by two thirds. The court is now party while the recruiting efforts of rights have never been emphasized MY DEEPEST SYMPATHIES to the considering a rule limiting briefs to various organizations were summar- enough by law. There have been laws student in Prof. Sullivan's Con Law fifty pages. ｨｩｾ＠ ily dismissed. written for victims of crime, however Class who persuasively argued Let no one intimate that this was these laws have been placed in codes belief that committing a juvenile to a not all done on the up and up, for that whitewash their effectiveness. foster home is equivalent to incar- THOUGHT FOR THE DAY. If they Robert's Rules of Order were ob- Now is the time to help correct ceration. The argument was dropped can put a man on the moon, THEN served throughout the process. Over- some of the injustices of laws of lack when Prof. Sullivan responded that WHY CAN'T THEY GET THOSE of laws that affect victims of crime. he was in fact a foster parent. DAMN BELLS TO RING ON TIME? Now is the time for a VICTIM'S Uncle Willy CODE. Bill Berry Court Room Clerk S.F. Municipal Court • NOVEMBER 30, 1976 PAGE 7

DEAN'S MEMORANDUM Continued from page 1 • During the final examinations in it. But clearly of all professions, College to provide a fair process; one student body will approach these May 1976, an instance of a student certainly the legal community stands not too burdensome upon the student examinations and future examina- requesting assistance and receiving it in the forefront of those whose or those undertaking to implement tions fully committed to the idea that • from another student - contrary to honesty and integrity should be the rules, in order to deal with what the individual integrity impels them the instructions regarding examina- unimpeachable. In a law school, there should be very rare cases. The to adhere to the highest ethical tions - occured. When the matter is no room for deviation from these student body can facilitate by provid- standards of all member:- of the legal was first reported to me, there was high standards, and insofar as ethical ing its proposals on the suggestions profession. S/ Marvin Anderson some uncertainty as to the number of standards can in any way be taught to for dealing with violations of its student involved and the depth of people who have already reached ethical code. I have requested the inquiry that would be necessary in maturity, the College must discharge College Counsel to draft some IBM DP IP OH Plr .. U" order to ascertain the facts. An its responsibility in this respect. procedures that might be used in the ad-hoc committee consisting of seven In dealing with any particular event the College is called upon again • faculty members was appointed incident, however, the College also to deal with the problem of unauthor- NN_ r ..")""" 's' 1 ＳＮｾ ｟＠ specifically to inquire into the ｭ｡ｴｴ･ｾＬ＠ has the responsibility to be under- ized assistance on examinations or OVERNIGHT make findings of facts, and recom- standing and compassionate concern- the preparation of student papers. In mend subsequent actions to the ing the individual's circumstances due course, I am hopeful that the Ｎｾｉｴ･｡＠ faculty. This was done. The Commit- that brought about the event. This, student body would find an oppor- ｾｈ＠ COlLATINGh • tee held exhaustive hearings during too, is a responsibility that lawyers tunity to make a contribution to the ＱＱｉ ＮＺ ＿ｾＱｾ Ｍｉ ＹＱＲＺ［ｾｾ＠ the Summer. It was determined that face daily in the practice of their development of these procedures. [ the incident had occured; the cir- profession. 1 have every confidence that with ｾｾｾｾｾｾＱｓｩｓ＠ cumstances surrounding it and par- There is, then, upon all of us, another examination period ap- ｾｬｬｫＢ＠ ':au Ｎｴｯｲ［ＺＮｾ｟ＺＭ ''1::'___ '':: ticular pressures that were involved students, practitioners, teachers, a proaching, all members of the • upon the students concerned were share of the responsibility in uphold- broughi out. In light of the absence of ing the integrity of whatever examin- dispute as to the substantial facts, the ation system is used, and in affording Committee submitted its recommen- a high degree of fairness in the way in dations for disciplinary action. The which any revealed incident is dealt • recommendations, as well as the with. findings of facts brought up in the There is no way that the Law hearing, were carefully reviewed by School can tolerate unethical conduct the faculty, not once, but twice. in examinations. This means that all • Subsequent to that action, the two forms of unauthorized assistance in students being subjected to some the course of an examination or the ThistiDle penalties, petitioned the Board of preparation of a paper intended to be Directors for an opportunity to be one's own work product cannot be heard with respect to the possible condoned. This is an individual res- • ameliorating of the sanctions im- ponsibility and lies essentially in the don't take posed upon them. The Board of hands of each student. The rules Directors heard the students and regarding the examination and pre- tb"eir counsel and deliberated at some paration of individual papers should length and acted substantially affirm- be well understood and that means any • ing all of the action which had been that they should be published and previously take'l, but ameliorating in clear and in precise terms before- part the sanction imposed upon one hand. This is the responsibility of the of the students. administration. I cannot accept the chances. • With the conclusion of the current contention that it is necessary to semester, the two students involved remind law students that unethical To pass the bar exam you need three thlllgs will have completed the suspension conduct is improper, but it is su bstan tive knowledge, ex am tech n Iq ue and con fi- which was imposed for their actions. intended to clarify where there may The two students will resume their exist gray areas of what may be used dence. BRC is the only California course that gives • studies in the Spring semester. I have and what may not. Towards this end, you all three. Our substantive outlines arc concise every confidence that in the future, the College is endeavoring to give the and still have all the law you need to know. all students will adhere to that widest possible publicity to the rules Our Problem Solving Lectures, past bar questions integrity the pUQlic expects of people that pertain to the taking of examin- and suggested analyses, exam writing materials and in the practice of law. ations. In order to avoid any lectures, and our techniques for answering multiple The problem of unethical conduct confusion, the College will employ in an examination is unfortunately professional proctors for examina- choice questions help your ·'examsmanship." Also, one that always has to be addressed. tions. It is well understood that the the two essays per week plus threcimulated bar The Law School has been remarkably use of proctors alone will not prevent sessions that we administer are graded and fully free of such incidents, although as in a person who is determined to violate critiqued under the supervision of a former Califor- any institution, there are rumors and the rules from doing so. Total support nia bar grader who has explained the exact standards can only come with the full coopera- probably some facts to support those applied on the bar exam. rumors that incidents do occur. This tion of the entire student body . in no way is to be taken as condoning It is the responsibility of the Finally, the computer feedback that you get with our course insures that you are fully aware of your strengths and weaknesses before the exam, this knowl- Levis for big guys. edge breeds confidence since you know that you have been prepared by experts who show J au how to do just one thing - pass the exam

Courses commence about December 27

JOSEPHSON'S

They're called Levi's for Men. But they're for anyone with muscles. Or a bigger frame. Great styles, in great fabriCS . But now more comfort- able. Sizes 34 to 42. The new concept in Bar Reviews

JOSEPHSON'S BAR REVIEW CENTER 01' CAUFORNIA San Francisco. 355 Golden Gate, San Francisco, California 94102 415/776-3396 MARKET ST. AT POWELL COLUMBUS AT CHESTNUT PAGE 8 HASTINGS LAW NEWS Phoebe Snow truly sounds only like "I've seen the extremes. I've learned PHOEBE SNOW ... SPECIAL CLASS Phoebe Snow despite the heavy to fight for myself ... Do what you influence of Joni Mitchell and Neil have to do; love and live and let it all "It Looks Like Snow" [Columbia) feelings/ In our tragic era, sleep is the Young. But the major influence on hang out. Take a chance, don't be relief / The battle was won but the Snow was Billie Holiday. This afraid to expect more of life than first Like a sunrise, Phoebe Snow's war has been lost / So now take a rest surfaces in such warm, luring songs meets the eye. All I ever wanted to do music begins in the pre-dawn hours or else, bask in your grief ... " as "Teach Me Tonight" and "In My was make music ... " And Snow is and before you know it, it's a The rest of the piece is simply one Girlish Days." Every now and then making music. In fact, one of the spectacular morning. line repeated against a chorus which Snow's voice contains an imaginary more bluesy, mystical songs on the Snow's latest album, " It Looks seems to eminate from a cathedral. bump meeting an irresistible grind album is called "Drink Up the Like Snow" is indeed like a perfect As you listen to it, tum off the lights, and the result is something timeless. Melody (Bite the Dust, Blues)" in day. You want to go out strutting. stand with your feet apart and move Phoebe Snow has slipped only the which she sings, " ... there ain't no Her four-octave voice is full-bodied from the waist. If you don't dance to Phoebe Snow has slipped onto the music I can use." It's as if the muse wine. Sometimes rough, sometimes this song, you'd probably ignore an scene very quietly. At 25, she has of music is being conjured up in the seductive, Snow makes you drunk on earthquake. sold over 800,000 copies of her first recording studio. sculptured lyrics of a special class. Snow's motion is absolutely for- album and hit 42 cities on tour last Phoebe Snow is in love. It glows on The most intoxicating cut on the ward. Throwing her voice like a year. Her personal history is speckled the album. Phil Kearns, her pro- record begins like a prayer. "Mercy boomerang, Snow launches into an with self-consciousness and adoles- ducer, songwriter husband joins on Those" is a Silent Night of energy-packed song called "Stand cent fears and a hard life in New Phoebe for this effort, but her emotions unparalleled by anything Up On The Rock" and suddenly it's a York's Greenwich Village. Born affection extends outward to every- I've ever heard. It's a down-the- party. Joining Snow here is David Phoebe Laub, she took her name from one from the entire Saturday Night spine, up-to-the-heart chemical re- Bromberg who has said of her, "The the sides of the Erie Lackawanna Live crew to disc jockeys everywhere action. In a gentle protest against the girl just sings! She's got such vocal freight cars she played near as a to Judy Garland. Phoebe Snow is male powers-that-be, Snow laments, chops. And she never sounds like child. special and this album is done with "Sleep is a mercy to men with no anybody else." In a recent interview, Snow said, special class. Helaine Lasky ｲＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭｾＭＭｾｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭ From the Theravadin viewpoint, each person is capable. The Five valuable as friends and professional unethical behavior, criminal acts, and Hinderances to success are sense- assets are those who seek to help you, even negligence arise from individual desire, ill-will, sloth/torpor, excited- those who are the same in weal and internal misery. Personal pain exists ness/sense of guilt, and indecision. woe, those who give good advice, and and stems from thirst for existence or In this legal tradition, the four mo- those who are sympathetic natured. becoming, and thirst for non-exis- tives of evil deeds to be avoided are Recognizing the contrasts and tence. Primordial ignorance is the partiality, enmity, ignorance, and parallels in values and legal per- cause, desire and suffering the ef- fear, some of which are exculpatory spectives heightens for us a sense of fects, and this all diminishes as in ourjurisprudence. professional responsibility and ap- unbridled desire is objectified A particularly valuable personal preciation of the profession of Law through the "Eight Fold Noble toolcentersintheancientgovernsin whereveritispracticed: Steps:" Right Understanding and the choice of associates who either Right Thought leading to wisdom enhance or attenuate one's sense of EAST ASIAN LAW SOCIETY oft OJ (Panna); Right Speech, Right Action, Law. Though they pose as friends, Right Livelihood leading to ethics four types of people to avoid are the The practice of law is world wide (Sila); and Right Effort, Right Mind- grasping person who gives little, and the East Asian Law Society fulness, Right Concentration leading expects much, and acts of out fear; therefore sees value in examining the to union (Samadhi). the smooth-spoken person who tries rich jurisprudence of other cultures to The basis of this legal system to win with empty promises; the better understand both theirs and our stands as eight positive directions, person who only says what you want own. Here we share a study in precis instead of ten prohibitions, with to hear; and the wastrel who implants form of the basis of Buddhist Law emphasis upon citizens attaining the no intrinsic value and is self-serving with which to compare law as we highest standards of mental, emo- at best. know it in the West. tional and social conduct of which The four types of people who are

ｲｮＳｾｏｏ＠ ｷ｡ｾ｛ｧＩｾｾ＠ ｖ｀ｾ＠ ｾ｀｀｛ｐＩ＠ ｛｢ｾｾｾ＠ ｀ｾ＠ ｖ｀ｾｏｏ＠ ｾ｡ｾﾣ｛｢＠ ｾｾﾣ｛ｍＩ＠ ﾣｾ｛ｰＩ＠ ﾣｾ＠ ｾｾｊ｀ｖ＠ ﾣｲｮＳ｛｢ｾ＠ ｾ｛ｧＩ＠ ｡ｾｉＱ｛ｍＩﾣｾ＠ Wﾣｾﾣ＠ ｬＱ｡｀ｾ＠

***Some Important Dates* * * WHEN YOU'RE READY TO SIGN UP FOR A BAR REVIEW 1. Feb. 24, 1977 COURSE, GO WITH THE'BEST. Professional Responsibility Exam SEE YOUR HASTINGS BAR REP. Jan. 4, 1977 last day to sign up. CLAUDE AMES ROBERTO DELA ROSA PAT KERNIGHAN TERRE RUSHTON ROBERT FRIETAS GRACE SHIMIZU 2.April23, 1977 LORI INGRAM , CHARLES SINK Professional Responsibility Exam TOM MADDOCK GREER SMITH ELLEN PFAFF MICHAEL KING March 1, 1977 last day to sign up. LYNEE RIDDLE -

3. July 26, 27, 28, 1977 Summer 1977 Bar Exam Applications must be in three months prior to "the exam

220 McAllister Street, San Francisco, California 94102 415 • 861-6820 • NOVEMBER 30, 1976 PAGE 9

THE CHEATING STORY Continued from page 1 • Editors note: The following article is the product of out keeping tabs on the alleged Hastings cheating scandal since the story broke this summer. It that he wanted to .. protect the great deal of discussion of the has been by no means a last minute effort to get at the facts. Souces have freedom of the press at Hastings" by diSCiplinary process at Hastmgs. In • been che.cked and double checked. confidences have been respected. releasing the article. He said he the absence of a Student Honor Code We have been intent on seeing that the full story was told. What evolved found it unbelievable . 'that an which provides for student discipline, was a story of a law school's (successfuL) attempt to deal with a "first of a admitted exam cheater could intimi- the college faces the challenge of "ad kind" situation in the fairest possible fashion. date the Law News." hoc" promulgation of regulations and From our own independent investigation we have concluded, on the facts procedures for enforcing basic • as we know them, that the most impartial judicious procedures were STUDENT PUBLISHES policies. Hastings in this case was • implemented during the course of the events surrounding the allegations. FIRST ARTICLE forced, according to Riegger, .. to We have uncovered no incidents that indicate or even hint that any Apparently a copy of his article was operate under the Common Law. ,. impropriety or improprieties were taken by the administration, the faculty received by San Francisco columnist As to the current state of affairs, committee or the faculty at large. Herb Caen. In Caen' s column on Riegger noted that: "We have rules • November 19, 1976 the San Francisco and regulations; we need enforce- inherent power of the faculty to regu- Describing the meeting, Vice Dean Chronicle published what was ap- ment. As of yet, we have no defined late its University," according to Riegger has commented that "they parently the third comment on this policy as to what procedure we would Riegger. [the Board) looked at what had matter by a national news service follow if a breach occurred." Another comment on the hearings occurred between that date [the full (assuming the Black Panther But fum and fast policies and pro- • was voiced by Professor. George faculty's decision) and the time of the published the first two). cedures will be developed. Hastings Prugh, General Counsel to the Board meeting." Considering these Caen wrote: "A student charged General Counsel Professor George College: "We developed procedure facts the Board then adjusted the with note-passing (cheating) during Prugh, who is preparing a draft as we went along. We maintained sanctions to a single semester sus- an important exam at Hastings Law chapter on Student Discipline for pension for each student. Both • Due Process and held our decision to College was about to be suspended inclusion in the Board of Directors' a standard beyond a reasonable students are thus eligible for regis- till she got herself a lawyer - an "Standing Orders" stated that: "We dQubt. " tration in good standing in January Alioto alum, Jerrold Offstein - who welcome ideas, suggestions and 1977. won her a temporary reprieve; formal input on the improvement of pro- After the Board of Directors FACULTY COMMITIEE FINDINGS hearing next week. " Caen' s comment cedure. To some extent we are re- • The committee issued its findings meeting, the Law News, in accord- was not verified by either himself or sponsible for teaching professional of fact and submitted a series of ance with its earlier understanding his staff prior to publication. He integrity, though much of this recommended sanctions. Charges with one of the students involved, relied solely on the unpublished raw development occurs prior to law against two of the students were attempted to elicit an on the record copy ofthe initial Law News article. school" dropped. Sanctions against the re- statement. Repeated efforts were The student author of the original Riegger reiterated this: "The • maining two were recommended to made. Members of the Law News article has since allegedly received students, the Law News, ASH, the be one year's suspension and one staff who had been assured of an three threatening phone calls and a Faculty and the administration semester's suspension respectively. 'exclusive' story failed to receive any midnight visitor who attempted to should all be concerned about foster- The faculty committee's findings statement at all. break down his front door. He ing honesty and personal integrity. and recommendations were presen- The student author of the initial declined to comment on whether he Their input, both as to rules and • ted to the entire faculty during an article was by that time frustrated; had reason to believe· his authorship regulations and as to procedure, is at-large meeting. The faculty ｾ｢ｯ､ｹ＠ his story wasn't in print. He mailed of the cheating article and these necessary and appropriate." approved the findings of fact and copies of the .. pre-final-board- events were related. George Hannen, ASH President, recommended sanctions with only appeal" article, which contained Although the allegations of exam told the Law News that' 'the students minor changes. several factual errors, to all of the cheating ultimately involved only two have been insured input; they will be At this point a Hastings student Bay Area newspapers and several students and one' exam - out of involved in the process." with considerable newswriting back- national magazines. Commenting to 1,500 + students taking six or more ground volunteered to write a story the Law News last week, he claimed exams each year - it has prompted a Tom Garvin on the whole matter for the Law News. He began to investigate and • interviewed counsel for parties that were involved in the proceedings and made an effort to piece the whole story together. • The Law News witheld the story after numerous requests, including Student banking PJoblems are different. one from a student whose case was being ｣ｯｮｳｩ､･ｲｾ､Ｌ＠ to delay the story until after an appeal to the Board of Their bankers should be, too. Directors of the College had been taken. One student involved prom- ised to write a full and candid statement when the whole thing was over if we delayed publication. It was at that point that the Law News received a copy of The Black Panther dated June 26, 1976. The official news service of the Black • Panther Party, it has a reported circulation of 30,000. New8week magazine has cited its general circu- lation. That issue of The Black Panther had a feature news story on page eight saying that two weeks ago the Black Panther featured a story on how" four Black students at Hastings College of the Law in San Francisco were falsely charged with cheating." t The Black Panther quoted students as saying that the charges "really resulted from the school's racism toward Third World students." The story was postponed to enable the Law News to verify the accuracy of facts included in the student article as well as to allow further research into other issues that had been raised. By this time the halls of That's why Bank ----of America has Student Representatives close by at offices near major Hastings were alive with rumors of the May exam cheating incident. college campuses in California. They're always students or recent graduates themselves. So they know all about student banking problems. And how to solve them. BOARD OF DIREcroRS MEETING They know all the ways our College Plan'l< can help you, too. So why not s!OP by and The Board of Directors met in early talk things over. Our Student Reps can make your banking easier. November and heard an appeal by Depend on us. More California college students do. the sanctioned students. In their At Hastings College of Law, just ask to see appearance before the Board, the June Ahern students discussed ameliorating the Golden Gate-Hyde Branch imposed sanctions. 101 Hyde Street· 622-5309 BANKOfAMERICA m HASTINGS LAW NEWS PAGE 10 POLIC'y ON ADMISSIONS

(a) ECONOMIC: Lack of or limited MEMORANDUM raised by the Bakke decision and different from that of other disadvan- recommends that a Standing Com- taged persons. The Committee re- economic resources available for the applicant's childhood and To: Marvin J. Anderson, Dean mittee of faculty and students work commends that this matter be referr- undergraduate education; the From: Members of the Special Com- towards the goal of defining a viable, ed the College counsel. mittee on Admissions thorough, and creative program that 4. The Committee recommends that, need to work to provide support for education; family assests; cir- Re: Report and Recommendations will both meet the post-Cert. res- in the implementation of the attached traints of Bakke and insure the LEOP admissions policy, the college cumstances, and size. Herewith is the report and unani- presence and success of minotity administration allocate sufficient re- (b) GEOGRAPHIC: Originating from mous recommendations of the Special students at Hastings College of the sources, such as work-study positions an area which limits exposure to activities and materials tradition- Committee on Admissions. Law. Among the things that should for students, to facilitate faculty and be considered by such a Committee student participation in the admin- ally recognized as promoting aca- s/Flynn Bradley, Black Law Students are: Pre-LSAT Programs, Law School istration of the LEOP admissions demic success. This may include rural areas, depressed or ghetto Association Preparation Programs, comprehen- process. sive Tutorial Program, Bar Prepara- areas, high population density s/Richard C. Maxwell, Hastings Fac- 5. The Committee recommends the tion Programs, and an optional four- areas, or Indian reservations. ulty implementation of the attached LEOP year program' of academic instruc- (c) EDUCATIONAL: Handicaps. in s/Richard B. Cunningham, Hastings ADMISSIONS: PURPOSE, ' CRI- tion. in the educational process and/or Faculty TEIUA, and PROCEDURE. s/Robin Ornata, Asian Law Students unfavorable environmental in- Association THE COMMITTEE'S W0I.tK fluences in educational institu- s/Robert Freitas, Associated Stu- The Committee sent a letter re- I. PURPOSE tions. This would include having dents of Hastings questing input to 18 outside persons attended segregated or sub- Randolf Rice, Native American Stu- and organizations, all faculty, all Hastings College of Law is commit- standard schools, or having been dents Association ' I, students, and five student associa- ted to the goal of ending the de facto placed in non-academic track, s/ Anthony Lopez, La Raza Law Stu- tions. Written recommendations racial and socio-economic segrega- during a supstantial portion of dents Association were received from the following: tion . which presently exists in law schooling. s/John W. Whelan, Hastings Faculty Asian Law Caucus, Inc. schools and the legal profession in (d) INSTITUTIONAL: Inability to par- s/Jane Peterson, Assistant Dean, ex Asian Law Students Association ' general. Realizing the desirability of ticipate in many o.f the institutions officio member I Associated Students of Hastings integrating and diversifying the asscociated with the majority cul- Black Law Students Association student body and legal profession, ture because of socio-economic, REPORT OF THE SPECIAL COM, . Benjamin Boyer, Hastings Faculty and recognizing the need for provid- racial, or 'ethnic status. MITTEE ON ADMISSIONS Joseph R .. Grodin, Hastings Faculty ing adequate legal services to disad- (e) SOCIAL/FAMILIAL: The absence Mark Haesloop, First Year vantaged communities, (1) the Col- of expectation for educational and INTRODUCTION Student lege has established a special admis- career achievement in the family Very likely, twenty years ago the J. Youngblood Henderson, U.C. sions program. or community milieu, and perser- present problem of discrimination in Berkeley This program, called the Legal verence despite the lack of such admissions would not have emerged A.P. Kangas, Student Education Opportunity Program expectation. or would not have emerged in its La Raza Law Students Association (LEOP), is . designed to provide a (f) LINGUISTIC: Speaking standard present form. Two principal factors - La Raza National Lawyers Associa- means for admitting students who English as a second ｬｾｧｵ｡ｧ･Ｎ＠ have caused the emergence of the tion will fulfill these goals. ' Admission of 3.0. Academic Data . present problem: the general adopt- Mexican American Legal Defense students to LEOP is based on criteria A variety of factors determine ion of·LSAT as a principal admissions and Educational Fund indicating qualification to study law whether an applicant has the poten- criterion, and the generally increased Judy Pais, Hastings Faculty and capacity to further the goals of tial to successfully complete law pressure from ' all segments of the Judge Cruz Reynoso, court of the ｐｲｯｧｲｾＮ＠ studies. These include inherent abili- population for admission to law Appeal ty, educational preparation. motiva- schools. The result has been that law Sub-committee on Langauge Skills II. CRITERIA FOR EVALUATION tion and the presence or absence of school admissions have become more ' of the'LEOP Tutorial Boarq. many of the personal, social, and selective than they once were 'and 1. O. Purpose . environmental factors discussed in that there have been probaHy far The Committee conducted hear- Any person may apply for admis- Paragraph 2.0. An analysis of acade- greater denials of admission to desir- ings on October 29, 1976 and Novem- sions to the College under the LEO mic data can provide significant able law schools than there have been ber 5, 1976. The following persons Program. In order to be admitted insight regarding the interaction of admissions. Justifiable insistence by gave oral presentations: under the Program, however, an those factors. Academic data regard- numbers of minority groups or parti- applicant must be determined to be ing each applicant originates from cipation in legal education, and other Fernando Garcia, La Raza Lawyers disadvantaged under the cultural and several ｳｏ｜ｾｲ｣･ｳ＠ and includes: branches of higher education, has Association socio-economic factors listed below. resulted, in the case of most institu- Mark Haesloop, Student (See Paragraph 2.0.) A person (a) UNDERGRADUATE RECORD: I tions of higher education, in the Dennis Hoptowit, California Indian applying to the Program who is Examination , of the undergraduate establishment of some form of special Legal Services determined not to be disadvantaged record should include an assessment admissions program. Such programs A.P. Kangas, Student shall ' be removed from the LEO of the relative difficulty of the major vary among themselves, of course, in Lester Marston, Native American Program' and considered under the and minor fields of study and the their scope and organization. Assess- Students Association regular admissions process. quality of the grades or credits ment of their effectiveness is quite Judge Crtlz Reynoso, Court of The criteria below will be used in earned therein; the pattern of im- another matter, to which the Special Appeals detenrtining whether or not to provement or increased acquisition of Committee on Adinissions does not Juan Rios, La Raza Law Students recommend an applicant for' admis- skills throughout the undergraduate address itself. Association sion. The criteria of disadvantage career, especially in the most recent Whatever the scope and genesis of Gene Toml, Asian Law Students relate to the social and economic - period prior to application to law these programs may be, it is clear Association obstacles whicll the individual has' school; the relative difficulty of the that in ti,le case of publicly maintain- Dennis Vann, Black Law Students had to overcome. The .contribution major and minor fields of study and ed institutions / they pose special Association factor includes the individual quali- the quality of the grades or credits problems. ｂｾ･＠ v. The Regents of ties and experience of significance in earned therein; the pattern of im- the Unviversity of California, - Ca. The Committee deliberated and assessing potential for social contri- provement of skills throughout the 3d - , 132 Cal. Rptr. 680 (1976). The drafted the attached Recommenda- bution enhanced by legal education. undergraduate. career, expecially in problems include not only the avoid- tions. The academic data measure, -by a the most recent period prior to ance of invidious discrimination and variety of factors, the extent to which application to law school; the relative the apprearance of invidious discrimi- an applicant is prepared for the study quality of the undergraduate institu- nation, whether directed at minority RECOMMENDATIONS OF · oflaw. tion(s) and the relationship between or majority group members, but also THE SPECIAL COMMITTEE These criteria are of equal impor- its (their) reputation(s) and the the attainment of legitimate public ON ADMISSIONS tance in selecting those persons most course taken and grades received. objectives. qualified for admission to law school The length of time taken to complete 1. The Special Committee on Admis- through this Program. No one ｳｾｴ＠ of -undergraduate studies should be THE COMMITTEE'S TASK . sions believes it is fundamental that criteria, independent of the other weighed agAiilst the difficulty of the In its early deliberations, the Spe- the number of spaces available to two, can be used to produce a fair or subjects and factors such as neces- cial Committee on Admissions recog- LEOP applicants in the 1977 entering complete assessment of an applicant. sary employment during that period. nized two needs created by the Bakke class be expanded' to insure the Therefore, all criteria must be taken Analysis of the grades must also note decision: 1) to fotmulate admissions continued success of the Program as a whole in the' review of an the year in which they were recieved, policy and procedure to meet the under the broadened' criteria below. applicant's strengths and weaknesses and account for possible "grlld& immediate demands of the current 2. The Committee recommends that in all areas described herein. inflation." The cumulative grade yer; 2) to redefine the LEO Program Hastings College of the Law investi- . point average may be evaluated post Certiorari. Given the brief time gate the legality of establishing an 2.0. ｄｬｳ｡､ｶｾｴ｡ｧ･Ｎ＠ . against the cumulative GPA percen- in which the Committee had to work, admissions program leading to the ｔｾ･＠ ｦｯｾｯｷｭｧ＠ ｣ｲｾｴ･ｮ｡＠ ｲ･ｬ｡ｾ＠ to an tile rank established by LSDAS for all and given the urgency of the need for goal of establishing population parity applIcant s economic and SOCial back- students at the same undergraduate admissions guidelines for 1977-78, in the student body. groun? and', taken together, ｾ･ｬｰ＠ to institution. the Committee limited the scope of its . . establish whether that person s cum- (b) LSAT: work to the first of these problems. 3. Substantial and senous argument ulative experience has been such as ｭｾ､･＠ The Committee recognizes the need has. been that. the status of to prevent substantial participation in Continued on page 11 for an on-going study of the issues Native Amencan applicants be very the majority culture. NOVEMBER 1976 PAGE 11

POLICY ON ADMISSIONS from page 10 PLACEMENT PROGRAM

• The Law School Admission Service interview panels will consider those The New York University School of able to screen resumes in advance. reports several aspects of an appli- factors of disadvantagement des- Law has instituted a new concept in The selected students will travel to cant's performance on the Law School cribed in Section II, Paragraph 2.0. student placement - an Off-Campus the above-mentioned cities at their Admission Test. The test results, as The panels will also consider the Interviewing Program. own expense. The Law School and the with the other criteria listed herein, following factors: The Law School now conducts one Alumni Association will make all are to be used not as the predomi- (a} Personal motivation; of the largest and most successful necessary space and other logistic nant indicator, but should be evaluat- (b} Prior community involvement; On-Campus Interviewing Programs arrangements. Interviews will take ed in conjunciton with all of the (c} Desire to work in communities of any law school in the country. Over place at a central location. All re- criteria of Section II. that have inadequate legal three hundred recruiters visit the cruiters and students will be invited The LSA T score reports an overall services. School each fall from all of the na- to a cocktail party at the end of the estimate of an applicant's abilities in (d} Likelihood of success in law tion's major cities. But the Placement day as guests of the Law School. legal studies; it may be better under- school; Office believed that the School should Second and third year students in- stood when compared to the LSAT (e} Commitment to work within the do more to inform students about op- terested in firms in the above-men- college mean established by all those legal system to achieve needed portunities for practicing law through- tioned cities should watch for specific taking the test in the same under social changes such as those out the country, and it also believed information about participating -graduate institution. The cumulative which have called this Program that many law firms which have not firms. score is supplemented by a separate into existance; visited the School in New York might An Off-Campus Interviewing list- score which estimates writing ability. (f) Potential for leadership. welcome the opportunity to interview ing of firms, sign-up deadlines and That score can best be evaluated by some N. Y. U. Law students in the selection procedures will be available • 1.7. Each interview panel will sum- relative comparison with the entire firms' own cities. within a few days. marize its assessment of each appli- group ofLEOP applicants. Hence, the Off-Campus Interview- A special Travel Loan fund has cant. That summarization will be- 4.0. Contribution ing Program. been set up. Students participating in come a part of the applicant's file. The contribution criteria measure With the assistance of the Law the Off-Campus program should see 1.8. Each recognized LEOP student individual qualities and experience School's alumni, the Placement Of- Mr. Magness, the Placement Direc- that are significant in assessing association and interview panel may fice has planned the following visits: tor, if a loan is needed to cover travel potential for social contribution. make recommendations regarding Washington, D.C., October 22nd; and room and board expenses. Evi- These criteria include: the desirability of admitting particu- Chicago, October 29th; Los Angeles, dence of employer interest is the first lar applicants. That recommendation November 5th; San Francisco, No- step in the loan procedure. (a} BIUNGUAUSM: Linguistic abili- may be made to the Student .. vember 8th; Philadelphia, November N.Y.U. LAW SCHOOL ty in the language of a community COIllmittee. (See Paragraph 2.0., 12th. All participating firms will be COMMENTATOR needing legal services. below.} (b} COMMITMENT TO COMMU- NITY SERVICES: Prior com- 2.0. Student Rating Committee munity activities and desire or A Student Rating Committee (SRC} willingness to serve a disadvan- shall be established to evaluate taged community. rate all LEOP applicants according (c} PERSONAL GOALS: Evidence in the criteria established in Section II, the applicant's background which and on the basis of the j'T,tp,...n,>wl indicates a sensitivity to the assessment contained in the problems of disadvantaged people cant's file. and an involvement in and com- 2.1. The SRC shall consist of mitment to improving the lives student from each recognized and conditions of people in a dis- association and one representative advantaged community. other disadvantaged students to be III. PROCDUitE appointed by ASH. The representa- tive appointed by ASH should, if 1.0. Interview Panels possible, be a disadvantaged student, Student interview panels shall be or a student who can empathize, established to interview LEOP appli- discuss, and assess the special Cl1Ilts. ] .1. Such panels will interview characteristics and qualifications pos- all applicants for admission to the sessed by disadvantaged students. LEO Program who have a minimum 2.2. The SRC will evaluate all appli- LSAT/GPA factor of 900. Each cants and, on the basis of the interview panel shall consist of two or evaluation, rate each applicant as "A" (Accepted}, "H" (Hold}, or applicant's file until a decision three students. "0" (Denied}. Evaluation will be regarding admission has been made. 1.2. Failure to interview an applicant ALUMNUS • will not prohibit processing of the made of all applications which have 4.0. LEOP Admissions Review Board continued from front page application or result in a denial of been received and processed. 2.3. Each applicant's rating shall be In cases of dispute between the admission. Legislature before Mayor Moscone explained on the rating form which SRC and the FRC, the LEOP 1.3. The purpose of the interview is Admissions Review Board will review presented the Justice a special award remains in that applicant's file until a to assess those factors which render the ratings established for each and certificate from the City of San an applicant socially, economically, decision regarding admission has Francisco. been made. applicant by the Review Committees and educationally disadvantaged; to and recommend to the Administra- Mayor Moscone's special humor. assess whether an applicant can tion the admission or denial of each served with a desert of brandied ice- successfully complete law school in 3.0. Faculty Rating Committee LEOP applicant. cream and dainty torts and biscuit light of his or her disadvantagement; A Faculty Rating Committee (FRC) 4.1. The LEOP Admissions Review confections, gave way to more serious and whether an applicant, once shall be established to evaluate and Board shall consist of three students contemplation as he later related completing law school, will contribute rate all LEOP applicants according to appointed by the Student Rating Justice Bray's exceptional service in to the betterment of society by the criteria established in Section n, Committee, three faculty members more touching terms than ceremony helping ameliorate the social, econo- and on the basis of the interview appointed by the Disadvantaged can permit. mical, political, and legal problems assessment contained in the appli- Students Committee, and an appoin- Peter Tamaras presented addi- facing disadvantaged communities. cant's file . tee of the Dean. tional commendation from the San 1.4. Each recognized LEOP student 3.1. The Disadvantaged Students 4.2. All applicants rate" A-A" by the Francisco Board of Supervisors who association shall appoint interview Committee, a standing committee of SRC and FRC shall be recommended were also represented at dinner by panels who shall interview those the faculty, shall appoint individual for admission. All applicants rated Dorothy von Beroldingen. The en- applicants likely to be elibigle to faculty members to the FRC . The "0-0" by the SRC and FRC shall be dowment of the A. Frank Bray become members of the association. members appointed shall have de- recommended for denial of admis- Professorship was an.nounced by Max It is the purpose of this Paragraph monstrated a genuine interest in and sion. Applicants who receive any K. Jamison before Dean Marvm J. that interviews be conducted by those concern for the LEO Program and a other combination of ratings shall be Anderson presented a tribute to students best able to assess the sensitivity to the goals and objectives reviewed by the Board and assigned Justice Bray for service to Hastings special characteristics and qualifica- of the Program. Each LEOP associa- priority for admission, subject to College of the Law. tions possessed by the disadvantaged tion may submit names to the periodic review. The U.C. Centennial Medal was applicants. Disadvantaged Students Committee 4.3. The Board, with due regard for awarded to Justice Bray as the Out- 1.5. The Associated Students of to be considered for appointment as the ratings assigned by each Rating standing Living Hastings Alumnus by Hastings (ASH} shall appoint inter- faculty evaluators. Committee, shall exercise its inde- U.C. Alumni Association President view panel(s} who shall interview any 3.2. Two members of the FRC shall pendent judgment and shall evaluate and University of California Regent applicant not interviewed by the evaluate each LEOP applicant and the applicant's ability to further the Earl P. Willens. The Medal was panels established under Paragraph shall rate each applicant as "A" goals of the LEO Program. minted for the California Alumni 1.4. That panel should be comprised (Accepted), "H" (Hold}, or "0" Association for its centennial cele- in so far as is possible, of disadvan- (Denied). The evaluation will be Special Committee on Admissions bration. Adele Davis as Centennial taged students or others who can made on the basis of all applications November 15, 1976 Lecturer, Clark Kerr and Robert empathize, discuss, and assess the received and processed as of the date Gordon Sproul as Presidents of the special characteristics and qualifica- of a periodic review. footnote University, and Roger Traynor as tions possessed by the disadvantaged 3.3. The rating assigned to each (1) See Bakke v. The Regents of the Alumnus of the Year are prior students. applicant shall be explained on the University of California, - Cal. 3d - , recipients of the same medal. 1.6 In making their assessments, the rating form which remains in the 132 Cal. Rptr. 693 (1976). Lindsey Scott Feldman PAGE 12 HASTINGS LAW NEWS

THE LABOR LAW CURRICULUM: Continued from front page relationship between labor law and tion Law (BNA 1976 Student Edition). the labor law curriculum on two who might work in general practice, antitrust law, left over from Labor There will be an open book final grounds. First, the importance of the or for government agencies, and be Law I. Assigned case books will be exam. Bay Area as a center of labor confronted with labor law problems in relations activity, and the geographi- one of the emerging fields. Oberer & Hanslowe, Labor Law (used In addition to these three courses, cal proximity of Hastings to relevant Fortunately, the faculty and school in Labor Law I), and Grodin & there will be an Advanced Labor Law agencies and the courts made administration accepted my argu- Wollett, Collective Bargaining Public Seminar (Professor Grodin, 2 units, Employment, Unit 4 of the series Hastings a natural center for the ments. The basic labor law course Wed. 3:40-5:30) - designed for stu- was expanded to two sections: one, "Labor Relations and Social Prob- dents who have completed at least lems" (BNA 1975). Additional taught by Professor Kanowitz, re- Labor Law I in the fall term (this yew mained at 4 units and the other, materials will be made available. or last) or Labor Law in last year's Grades will be based upon a series of taught by myself, was extended to 5 spring term. Students in the seminar units over two semesters. In addition, individual projects geared somewhat will be divided into two law firms and to practical lawyering. There will be the other courses and seminars assigned a number of model cases mentioned above were added over no final exam (and therefore no point which are designed to provide a basis grade). time. for examining some of the developing The result, I am pleased to say, is Employment Discrimination Law problem areas in labor law in a that Hastings now has one of the (Professor Grodin, 2 units, Tue., Th., somewhat practice-oriented context. most substantial labor law curricula 1:40-2:30) - A basic course in em- Grades will be based upon quality of in the country. Indeed, I believe that ployment discrimination law with no participation. There will be no the only schools with more class prerequisites. While primary empha- examination. There is no assigned hours allocated to the labor field are sis will be upon Title 7 of the Civil casebook. those with specialized graduate pro- Rights Act, the course will also grams in the labor law area. consider other sources of law pro- LABOR LAW SURGE AT HASTINGS The labor law field continues to hibiting discrimination or requiring expand. There are, for example, new During the years when I taught at affirmative action in employment. statutes dealing with Occupational Hastings as an adjunct faculty development of a substantial labor including the Constitution, Sections Safety and Health (OSHA) and with member (too many years ago to law program. Second, the field of 1981" and 1983 based upon the Civil regulation of retirement and welfare identify), there was only one course labor law itself was expanding into War Civil Rights Statutes, the federal plans (ERISA) which are of substan- at Hastings in the labor law field: a new areas: the public sector, the re- Equal Pay ar.d Age Discrimination tial significance to the labor field but 3-unit course called Labor Law. presentation of individual workers in Acts. federal executive orders per- which can be treated only in a During Professor Updegraff's tenure relation to their unions, the adoption taining to contracting, the California superficial manner within current here as labor law professor (from of employment discrimination legis- Fair Employment Relations Act, and course offerings. The same is true of about 1961 to 1971) the Labor Law lation, etc. It was not sufficient, I felt, the National Labor Relations Act employment-related social legislation course was expanded to 4 units to train those few students who might insofar as it pertains to race and sex which has been on the books for many (taught in a single section) and a end up working for labor or manage- discrimination. There will be guest years: Social Security, Wage and course in Arbitration was added. ment firms as labor law specialists; participants from time to time. The Hour Laws, Unemployment Compen- When I came to Hastings some 5 the school had an obligation to casebook will be Schlei and sation Laws and the like. Perhaps years ago, I advocated expansion of provide labor law training to students Grossman, Employment Discrimina- some day resources can be found to make instruction available in these areas as well. Meanwhile, Professor Kanowitz and I welcome any suggestions you have about the present curriculum; COPS,STUDENTS,DOPE and if you are still confused about the spring term offerings, please don't The College Press Service distributed for normal people, there are still door by the men in blue is to demand hesitate to inquire. Out of chaos some basic do's and don't's regard- a search warrant. Should they not the following story to its subscribers comes understanding (Who said last October. Any flaws?? C'mon! ing the police that all drug users produce, you may politely assert that Surely they don't profess to practice should keep in their dope-besotten they don't have the right to enter. If that?) Professor Joseph R. Grodin law. But if they did, would there be a minds. they insist, you should let them in to basis for a malpractice suit on the The cardinal rule in dealing with save yourself from a possible pum- advice given? the cops is, "When you're not pos- meling, but as in the case of the car, ing to court records, sturdy packages sessing, start confessing." At least, remember the police are breaking the weighing 16 to 20 pounds marked (CPS) - It's moving day for Univer- be as cooperative as possible if law. Again, the body is the best place "airmail" are most likely to fit the sity of California anthropology stu- you've got nothing to hide. to stash the weed. Remember also profile and be yanked from a bin and dent Melanie Ford. Back and forth If you do have something of the that no college official has the right to inspected for drugs. between her Los Angeles home and narcotic persuasion to conceal, the allow the police to search your dorm Moreover, the government has her car she trudges, loading it up name of the game is to "Be cool." If room. developed a dog equipped with an with everything that'll make her year you are stopped by the police while Speaking of dope and the law, extra-sensitive snoot who can sniff at UC Riverside that much more driving, the driver and passengers student planning to do any narcotic out even the most assiduously hidden enjoyable. should immediately leave the car and business through the U.S. Mail drugs. Major Jeffrey Linn says the Suddenly, as Ford steps off her walk back towards the police car in an should be aware of the postal Army has evolved the super dog porch with a small planter, a passing unthreatening manner. This deft service's new "dope profile" that whose nose knows no limits after L.A. cop screeches to a halt, leaps maneuver prevents the police from helps inspectors sniff out fishy eight years of research and $1.8 from his car, slaps a pair of handcuffs having legal cause to search the car. parcels that smack of dope. Accord- million. of her and reads her rights. The The police, however, have been planter, it turns out, contains five known to break the law themselves, slender marijuana plants. Melanie so they may insist on looking through Ford is UNDER ARREST. What does the car even if the driver and she do? passengers are not in it. If this It's a familiar scene these days, happens, tell the officer as politely as EVERYBODY NEEDS ONE even as polls show 27 million possible you don't want to consent to Americans puffing the funny weed a search. If the police persist, lawyers and even as some states loosen up say it's advisable to follow their their laws governing its use. But orders but remember, you have still Hastings is supposed to have one people are still faced with marijuana preserved your rights. Should the of the best blends of clinical and arrests - 416,000 last year alone - so case ever wind its torturous way academic programs among ABA one's actions when confronted with through the legal system and end up approved law schools. In most the police have tremendous legal in court, the police action can be used instances besides the tangible re- implications that could eventually in your favor. wards (unitlj, preppie units!) most spell the difference between acquittal As to the nagging questions of existing clinical programs as weU as and conviction. what to do with the dope when the those that are student initiated are Lawyers stress the importance of cops pull you over, the law indicates downright interesting. paying great attention to search and the best place is the bod. The Investigate. Professor Tom Roth- arrest procedures because the great Supreme Court has ruled that unless well (left) has regular office hours in majority of criminal cases never go to a person is actually being placed the Clincal Programs Office (Golden trial. In Detroit, only five percent of under arrest, cops may only search Gate Annex.) Expect candid advice people arrested actually go to court; for weapons. Anything stashed on the and (in most cases) encouragement in Houston, just two percent of 16,000 body, even if it is an o.z. of killer from him when you start thinking people arrested in 1970 ever got their Columbian, can't reasonable be 'bout whether you should be in a day in court, according to a massive construed as a weapon or used clinical internship or externship. The legal study made that year. against you . deadline is fast approaching. While search and arrest laws are as In the home or dorm. where (; it; S hopelessly confusing for lawyers, rights are the same, the best judges and police forces as they are responsetothatmidnightknockonth ｾ＠ ______ｾ＠