The Docket Historical Archives
3-1-1987
The Docket, Issue 6, March 1987
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March, 1987 Vol. XXIII, No. 6 DOCKETTHE VILLANOVA SCHOOL OF LAW Symposium Addresses Tort Reform Possibilities by Walter Lucas But many trial lawyers believe The trial lawyers' advocate said As taboo topics of conversation that the insurance industry is just his organization is imploring go, sex, politics and religion have crying wolf. "The cyclical nature legislatures not to limit an injured little if anything over tort reform of the insurance business has party's right to sue. "That right these days. So it came as little more to do with the industry's protects us from the tyranny of surprise to those who attended problems than anything to do our neighbor," Parker said. "Eve this year's Law Review Symposi with the civil justice system," ryone who received a million- um that the question, "Will tort proclaimed Alan Parker, a spokes dollar award would gladly give it back in exchange for the use of reform advance justice in the civil man for The Association of Trial Amy McGovern photo system?" would become embroiled Lawyers of America. their arms, legs, etc.," he added. Parker concluded that "bad-faith" Gerald Guarcini and Larry Epter after winning the Sixth in a barrage of rhetoric. Annual Interviewing & Counseling Competition. The insurance industry has Referring to a late 1970s study insurance claims and insurance long been crying foul over a of closed insurance claims, Parker companies suing each other ac system that permits the injured said the data belie the insurance counts for more litigation than Guarcini and Epter to recover damages for such industry's claims. He said the liability cases, and that nothing intangibles as "pain and suffer study showed that not only are is really wrong with the civil ing" due to defective products, claims over-reported by the indus justice system. Win Competition medical malpractice and other try (by a rate of 700 percent), but failures to meet certain standards that the "huge" recoveries sup The American Bar Association, In a competition dominated by tracts with two agents. In the second round, a rich teenager, of safety or civilized behavior. posedly paid out averaged just admittedly lagging state legisla second-year teams, it was the caught shoplifting for the third Since mid-1984, the general liabil under $14,000 per claim. "And tive efforts to change the tort hybrid 3L-2L tandem of Gerald time, claimed she did so only to ity segment of the industry has even that figure used 'trended system, has taken a slightly Guarcini, '87, and Lawrence Ep data' which exaggerated shed light on a violent home life. experienced sharp premium in different position. In fact, for the ter, '88, that captured first place payouts," Parker charged. By the The final round featured a com creases and policy cutoffs for such first time ever, the ABA at its in this year's Client Interviewing plex criminal and civil problem of ventures as child care centers and Trial Lawyers Association's reck winter meeting last month in New and Counselling Competition. a single mother — portrayed by taverns, according to Sean Moo- oning, the average payout was Orleans, finally adopted an official Guarcini and Epter bested the Cynthia DiBartolo, '88 — whose ney, senior economist for the just under $3,600. position for "improving" — not pure 2L teams of Jane Lessner and son suffered physical and psycho Insurance Industry Institute. "reforming" — the tort system, Walter Lucas, and Tyler Lincoln logical injuries after being molest "And now we're starting to see Parker recognized that he was noted Prof. Robert McKay, former and Deirdre Stallworth iri the ed on his paper route. carriers pull away from covering relying on a nearly 10-year-old dean of the New York University final round of the sixth annual medical malpractice and munici study, citing obstacles with access Law School, attending his third competition. "Attorneys" were judged on pal liability," he told the sympo to insurance industry data. "The VLS Law Review Symposium. Dean Robert Garbarino said he their capacity to interact with sium audience. Mooney noted that industry inundates us with infor McKay, who chaired a special was most pleased that 37 two- clients well enough to elicit per 20 claims are filed for every 100 mation, but they won't let us into ABA commission on the subject, person teams participated in this tinent facts as well as their ability doctors today, almost twice the their files to see if they're telling admitted that his group's recom year's competition. The winning rate in the late 1970s. "Today, us the truth," he said, adding that duo will represent Villanova in the to retain and counsel those clients mendations called for "modest" — legally and non-legally. Each three out of four obstetricians and even the Federal Trade Commis changes and "reaffirmed" the tort regional round of the national gynecologists can expect to , be_ sion is statutorily prohibited from competition sponsored by tVve round ot competition -was judged !*ittvestigating theif by VLS graduates. he said. industry. 1984, a Villanova entry captured both the regional and national Final round judges were David The problem, he asserted, is Markson, '70, president of Blue that the courts ha . e moved away championships. This year's ABA competition, Cross of Greater Philadelphia; from a fault-based system toward Janet Duffy Carson, '74, general new theories such as enterprise titled "Children and the Law," featured three client problems of counsel for the National Board of liability. Explained Mooney: Medical Examiners; and Anthony "When a company is likely to be minors. First-round student attor neys were confronted with a teen L. Bartolini, '58, a senior partner held liable regardless of what at Dechert, Price & Rhoads. steps it takes to prevent liability, rock star who entered into con- that strikes at the very heart of U.S. POSTAGE the liability insurance system." the DOCKET PAID He called for a "pure compen VILLANOVA LAW SCHOOL sation" tort system with criminal Villanova, Pa. or administrative sanctions to VILLANOVA, PA. 19085 Permit No. 5 deter wrongdoing. Anything less, said Mooney, destroys the predic Non-Protit Organization tability of insurance risks. He warned that if the courts continue to render adverse decisions that have nothing to do with risk experience, insurers will have little choice but to either cut back on coverage or raise rates so high as to be virtually unaffordable by Amy McGovern photo many. Tort Reform Panel Members Third Years Bid Farewell
The third year class celebrating 100 days til graduation. For more photos, see page 9. Sue French photo Page 2 • THE DOCKET • March, 1987 EDITORIAL
Docket Deadlines Lost in the Flood? for the Remainder i We can all understand first-year jitters but after a semester and a half under their belt, it's time for of the Semester Are: - a certain first-year section to start thinking about •*'. i"-:' : getting with the program. Attitude doesn't cut it here until you're a third year. Any time a professor has Deadline Publication Date to walk out on a class to get a reaction from his or her students, it can't just be the professor's fault. Indeed, one higher-up in the administration was Tuesday, March 17 Friday, March 27 reported to have said that he couldn't really blame Tuesday, April 7 Thursday, April 16 the professor. There are always rumors about which section the faculty considers smarter; this year, (tentative) they're talking about which section is alive and which one's suffering from an infectious case of mopia. This is much more than a problem of not being prepared for class, or just having an inanimate class persona. A VIEW FROM THE INSIDE But where there's smoke . . . One morning, two years from now, you'll find yourself in the real world where there's going to be a grade for participation.
Let Us in on it^ too
You have to hand it to Professors Rothman and Maule. They have the admirable trait of being able to laugh at their own expense. Witness the juicy excerpts of faculty evaluation questionnaires they plastered on the walls outside their offices. Students say the darndest things, don't they? To be sure, some of Rothman's and Maule's colleagues were upset by what students wrote on their evaluations. Rothman and Maule are to be commended for giving us a peek at a very one-sided process. But why post only the funny or incongruous excerpts? Why not share all the students'Jnsights into all our instructors"^nd their courses with everyone? That way, prospective enrollees could have another source for making an informed choice. They'd have certainly a reason for taking the process more seriously. Besides, posting "selected" excerpts of evaluations accompanied by flip captions smacks of irreverence for those who took the time to contribute their thoughts. By publishing all faculty evaluations and making them available, students will figure there's some sense of accountability that makes the effort worthwhile. Who knows, it might even improve the way courses are organized and taught. Insider Trading The Practice of Law
At the turn of the century, students graduating from three years of casebook instruction may have THE been minimally competent to begin practicing law. DOCKET Not today, however. Not only has the practice of law BOARD OF EDITORS become more complex, but the study of law has grown to curricularly unmanageable proportions as well. Editors-in-Chief Progress and proliferation notwithstanding, law Sue French schools are still charged with the task of turning Jeanne Rapley out new lawyers with minimal competence. VLS tries to meet that task by offering clinical instruction in both advocacy and draftsmanship. Students can earn Features Editor Business Editor News Editor credits for Villanova Community Legal Services Walter Lucas Jeff Homel Amelia McGovern (VCLS), the Juvenile Justice project, Contract and Will drafting. Lawyering Skills, Client Interviewing Sports Editor Copy Editor Photography Editor and Counselling, and so on. Mary K. Schottmiller Maureen Murphy Caroline Reeves VLS also sponsors the American Bar Association's Staff: John Bravacos, Terri Elliott, Scott Fegley, John Garland, John Grisham, annual Client Interviewing and Counselling Compe Kellie J. Harrison, Susan Jacobucci, Nancy Jardini, George Karibjanian, tition. Students need not have taken the course to Patricia M. McGuinn, Mike Pellini, Brad Remick, Marie Sambor, Lois compete. In fact, many don't. For them it's enough Schwagerl, Robert Wascuta to have an opportunity to learn the art of lawyering without receiving academic credit, just as Reimel The Docket is published monthly by the students of Villanova University Moot Court competitors argue twice for the same School of Law, Villanova, Pa. 19085. Second-class postage paid, permit single credit that Credit Round teams receive for no. 5, Villanova, Pennsylvania 19085. Letters and articles are welcome from arguing just once. They know that, in the long run, students, faculty, alumni and the community. Paid advertisements are also the experience will prove far more valuable than accepted. The Docket is distributed free to all current students, faculty and credit received. That's to their credit. administrators. Alumni who wish to receive The Docket by mail should notify The Docket office at the above address. ? £ •; j •) 1 t I : ' • 1 ! •* "./• I -• r r r.r'Z, March, 1987 • THE DOCKET • Page 3 - OPED
Domestic Relations: THE PAPER CHASE Getting A Headstart . . . you get the idea. (I feel as if This comes as a surprise to some by Walter Lucas by Christine Flowers I'm living in a Faberge Wheat family members who think it a My mother is Italian. My father Germ Shampoo commercial). In was Irish. Needless to say, I am small jump from law student to by Walter Lucas me a chance to rest my hand," she any event, it is now common Supreme Court Justice. "We know Time was when President Rea said. "That [professor] sure talks not an only child. Ever faithful to knowledge that, as of May of 1987, their traditional Catholic upbring you're just starting out," they'll gan could be relied on to, at the fast." At first I was flattered for there will be an attorney in the say, "but we don't mind." Such drop of a hat, recount his version the compliment, until it sank in ings, my parents willingly in family. We already have a token creased the number of our world a vote of confidence, they feel, of the story about the welfare lady that she thought so little of my policeman, doctor, mechanic, beer should satisfy me. Unfortunately, who pick^ up her monthly sub responses that she wasn't jotting by five. By Italo-Irish standards, distributor and undertaker, so I'm this was an adequate, if not votes of confidence are precious sistence check in a Cadillac. Now them down. I still ask questions, actually in very good company. little comfort when one is faced he's fond of pointing out that that and even try to fathom a few entirely noteworthy, effort. How Before his death five years ago, ever, although my immediate with charges of practicing law same lady has her check mailed answers. Partly to see if I'm still my father was the Flowers/Fusco/ without a license. to her home address — a fairly "with the program," partly to family is limited to five siblings Jovinelli/DeLuca in-house coun pricey hotel. The stories are inject a little variety into the (any additions being highly un sel. He handled everything from I do my best. Blood is, after all, always good for a chuckle among classroom routine, and — yes — likely at this late stage), the title searches to a bail hearing for thicker than water, and I don't the Washington press corps. partly to boost my confidence greater Delaware Valley is popu a distant cousin. He never charged want to alienate anyone (especial They're also good for something when it's especially low. lated with innumerable blood a fee, and the family loved him. ly not Aunt Gracie, who makes else: diverting attention from a Some of our classmates are relatives. I have to admit that the Dad called it his 'pro-bono' work. the best cannoli this side of complex problem by oversimplify criticized for speaking up in class majority of these aunts, uncles With his passing, tears were shed Heaven.) Still, I often find myself ing it. too much. That's a little like the and cousins are Italian, since that for the loss of a dear man as well fantasizing alx)ut what it would It's a catchy trait. I was on the spendthrift who criticizes his wife side of the family was a bit more as a legal guardian angel. Think be like to be an orphan who train to Boston a few weeks back for spending all his "hard-earned diligent in carrying out their of the Corleones losing Tom decided to enter an order of when a 12-year-old boy, sporting money" on paperback novels. It religious duties than the Irish. Hagen, and you'll have some idea cloistered nuns. The demand for a prep school blazer, took the seat seems to me there are worse vices Still, I have an extremely large of the void that Dad's death left their services is astonishingly low next to me. As the train sped in the world. One of them certainly extended family. We all gather in the family corporate structure. at the present time. Humor aside, through a seemingly endless mass has to be not speaking up enough together and meet at the occasion Now that I've decided to enter the it does make me proud to think of concrete rubble called The in law school, if at all. There's no al wedding or funeral, but outside legal profession, joy has returned that the relatives have such faith of this, familial communication is Bronx, the boy leaned across the better place to test our argumen to the hearts of my nearest and in my abilities. Of course, the aisle and asked his father why tative abilities and to develop our usually limited to the annual dearest. price is right, as far as they're that part of the city looked the style. All we have to lose is a little Christmas card. That is, until I've begun to receive phone calls concerned (how could I charge my way it did. With nary a moment's pride; certainly not our client's Mom had a certain telephone from various relatives asking me godmother). I'm pleased that the deliberation the father, in one liberty or property. conversation. for advice on topics ranging from aunt who changed my diapers and sweeping sentence, explained My younger brother, who de Sometime during August of divorce to contract disputes. They the uncle who taught me to ride what it has taken sociologists cided against college, just brought 1984, my mother mentioned to her don't seem to realize that, since a trike are willing to trust my tomes to even try to explain. His home his first report card from Aunt Annie that I was about to I don't have a license (nor yet a judgment in matters which are actual theory isn't important. electricians training school. He enter law school. Aunt Annie told diploma), I cannot safely practice important to them. My first clients Suffice it to say that he blamed got an "A" in Theory of Electrical Aunt Jenny, who told Aunt Mary, law in the Commonwealth of are also my best friends. In the the victims for their plight, rather Wiring, but only a "B" in Practice. who told Cousin Theresa, who Pennsylvania. I can inform, even final analysis, that's not a bad than the real culprit; poverty. It really frustrated -him because told Cousin Antoinette, who told advise, but I cannot handle cases. start. Maybe I'm naive, but I really he studied so hard, but somehow, don't ascribe to our President or he explained, something got lost people who think like him any in the translation. Isn't it the What Forsyth Means to Me intent to deceive us. I truly believe same way with the law? In over Editor's Note: On the eve of this the week before by 75 blacks and and Peace-loving individuals and that they believe what they're two dozen administrative hear nation's second "semi-national" families anywhere and every- ^ saying, or at least have to believe ings at VCLS (Villanova Com whites that was disrupted by about it for lack of a better explanation.^ munity Legal Services) this year, commemoration of Martin Luther 400 Ku Klux Klan members and where irv this \at\d. mngDayrsvhu.mmjwmiwmm» fwmimimmmmffmmmmmiim miMll. ttliL€«ve'crf€iiid aiM»—ip That's fine for laymen. They can not one referee or master has ever tors led by veterans of 1960s-era submission to His Will is a double afford the luxury of taking things quizzed me on the finer points of with rocks, bottles and mud. The protests and protected by at least emotion led our own Mattie edged sword in the hands of any at face value. They're not trained the substantive law underlying 2,300 National Guardsmen and human being of peace and good to analyze problems, to delve the case I was arguing. The really Humphrey to pen the following open police marched peacefully in the all- letter to residents of Forsyth will for it will (1) support our beyond what's said to what's ironic thing is that if anyone did, white Forsyth County, Georgia, to claim to enjoy the universal com meant. But lawyers are. The I'd probably get only a "B." I County. protest racial intolerance. The civil What Forsyth County, Ga., monwealth on the one side, and problem is we tend to save that wonder if that matters to any of rights activists — black and white, (2) strengthen our conviction that special analytical prowess for my clients whose cases I won? Means to me: and many with children — were That I have a great deal in human differences will yield clients, for a price. Somehow I don't think it would. met by more than 1,000 counter- before a peaceful solution in the Why should we champion the Otherwise we'd see a lot more law common with God-fearing, Peace- demonstrators, some waving Con loving folk in a rural American Spirit of God's Love, on the other cause of strangers for free, the school transcripts being framed federate and U.S. flags and shout side. theory goes, when we can get paid and hung beside all those diplomas residential community of Georgia, ing "Nigger go home." The march Deep South, USA February 1987 That the Spirit of the United for it? Besides, why bother going and certificates on attorneys' was a response to a similar effort States Constitution and my (our) walls. to all the trouble of taking a That this common resource willingness to test it courageously position when someone else may includes: is a second double edged sword in pay us to take another? Not long the capacity to face confron the hands of any American, for it ago I heard a powerful partner of tation without violence or will (1) invoke the protections of a corporate law firm say, "A good ASISEEIT hatred; the Constitution on our behalf lawyer is like a good prostitute. wherever we are true to it's by John Bravacos the capacity to speak to dis If the price is right, you warm up agreement, criticism, anger, principles, and it will (2) invite the to your client." frustration and challenge harmonious cooperation of God He must have read Jonathan The Conservative Movement Is would dare to call that Hberal. New York Governor Mario Cuo with eyes open, demeanor fearing Peace-loving people any Swift's description of lawyers in Dead, The Conservative Move where on this planet in the com ment is Dead. Lately, this has mo, one of the more liberal Demo calm, and faith apparent; Gulliver's Travels: "There was a the capacity to respond to mon mission to secure the bless society of men among us, bred up been the rallying cry of the long crats, recently dropped out of the race, while Hart, Biden, Jackson criticism and hostility with ings of freedom to all the children from their youth in the art of repressed liberals. Just last week of men ... it is this truth that will the Inquirer's editorial cartoon and Gephardt are already on the gentle, yet firm courtesy; proving, by words multiplied for the capacity to disagree with make us free ... not our military the purpose, that white is black was of a very Stallone-like jackass trail — Jackson being the only traditional liberal of the group. friends and neighbors as well might or munitions industry. and black is white, according to (or donkey for those of you for That we, in Forsyth County and whom jackass harbors a less than Primarily, there is no "Liberal as with strangers and detrac as they are paid." tors, treating them all \^ith in Philadelphia County are merely That may explain why practic positive connotation as the select Agenda" to direct the Democrats or to which this pendulum of dignity and attention; children of men, confronting the ing attorneys take the sides they ed mascot of the Democratic greed, malfunctioning and malfea Party) looking down at a lame public opinion is supposed to be and an abiding concern for do, but it leaves me in the dark the health and safety of them sance of men and all those who about law students who take no duck caricature of President Rea swinging. Inflation is still down, the unemployment rate is still selves/ourselves and others. worship men in their earth- sides. How can they sit on their gan. Apparently, the recent prob claiming conquests. lems of the White House with down and more workers are earn That the Community of For hands when a professor intention syth, as congregated (representa That, even so, we claim earth ally baits them by saying some Iran-a-muck and the capture of ing more real dollars than at any previous time in the nation's tively) for a live television program for Almighty God as we have thing controversial? Is it because the majority of the Senate by the surrendered ourselves in the Democrats have left the impres history. Reagan was elected in on Monday, January 9,1987 dem nob<^y's paying them yet? Or do onstrated to the viewing world — service of His Love, and that we they have a hidden agenda of sion on many that the pendulum 1980 to reduce the deficit, regard less of his success. Certainly, that that some of us are not content are compelled to seek Peace on inertia? of public opinion is swinging back Earth through Good Will To to the left. could not be part of the new liberal to be Americans, claiming a right One of our brighter colleagues to the blessings of legalized free ward Men — even in their fallen — at least as measured by grades Fortunately, this is a miscon agenda. What is really happening? Iran-a-muck is the first problem dom against all claims of individ condition as demonstrated around — explained to me that he views ception. At the state level. Repub us and in our very midst. We licans gained more than they lost. that has stuck to a previously uals to the contrary. class lectures the same way he But we are compelled to express distinguish ourselves from their views television: "Professors But, more evident is the subtle teflon presidency. Following on the heels of a minor loss in the our responsibility to attend the rulership by opening ourselves to broadcast the signal, students shift to the right of Democrats. the manifestation of the King No longer do we hear of Senator Senate races, where in 1988 the claims of others who seek the receive it. It's not meant to be an blessings of legalized freedom as dom of God and Divine Ruler- interactive process." Besides, he Kennedy's socialized medicine; Democrats will be liable for a similar loss. God-fearing and Peace-loving in ship Under God's Righteous asked, how can you jot down all now the newest 1988 Presidential^ Government. With these two hopeful is Georgia Senator Sam' No the Conservative movement dividuals, and to respond with those notes if you're busy talking? Faith in Almighty God that there swords we are children of men and He seems to speak for a silent Nunn. "Nunn but Nunn" bumper is not dead, only the liberal movement is now more conserva is the capacity within us for more significantly, we are Chil majority. I remember in our first stickers and banners are already dren of God. being printed. Curiously, he has tive than before. Peaceful Human Growth and week of classes last year, a class Development as Americans; M.L. Humphrey mate thanking me for asking and/ one of the strongest records in support of President Reagan. Few John Bravacos, 2L and that we can accomplish this or "answering questions. "It gives living side by side as God-fearing Page 4 • THE DOCKET • March, 1987 PUBLIC OPINION The Baby M Case: Who Should Win
by Caroline Reeves Two couples in New Jersey are feared his baby might be born fighting for the rights to a child with Multiple Sclerosis, which conceived by contract in what is she has been diagnosed as having, being called "The Baby M Case." in exchange for delivering the The baby's natural mother agreed • baby. Shortly before the birth, the to accept $10,000 plus medical mother relented and threatened to expenses from the surrogate fa kill the child if he sued for breach ther, a wealthy scientist married of contract. He did. Who should to a professional woman who win?
Marilyn Soloway (mother of three) "The surrogate father should win. All the testimony of the psychologists and psychia trists has shown that it would be in the best interests of the child to be with the surrogate father. I don't see any contract problems at all. The contract was entered Enid Adler (mother of three) Remo Chiatti (unmarried) into voluntarily between equals. "I think the whole case is going "Emotionally, I can see the nat Besides, I don't think that biolog to set precedent for the whole ural mother's side. Even if she ical motherhood is necessarily concept of surrogate mothering. I freely entered into the contract, determinative." think the surrogate father should I don't think she could have win. He and his wife can do the foreseen her change of mind. At best for the child. The natural the same time, the surrogate mother would not even have had father has rights too, legally and the child if not for the contract.' emotionally.,! really don't know "who should win." Miiiii
Grant Freeman (unmarried) Susan Bassett (married, no Charles Mandracchia (father "From what I've read and heard, children) "I don't see any winners of two) "The best interests of the it seems like the family law issues here. They're certainly all losing child is to be with the people who are prevailing. But they made a now. There won't be any value as paid for its procreation, as opposed contract, so the contract issue precedent because of the unusual to the natural mother who already should prevail. Both parties en facts in this case; namely, the has three children and allgedly tered the contract voluntarily and natural mother's instability. That can't afford another. Besides, freely bargained for a baby in gives the judge something to hang taking a Solomonic approach to exchange for money. It's clear his hat on. If the case is decided this case, if the mother has threa what they intended. After all, the according to the best interests of tened to kill her child, her love natural mother wasn't pregnant the child, the surrogate father will must not be that sincere." when she entered the contract." win. You have to wonder if the natural mother has the best interests of the child at stake."
Continued from page 7
David Chavern Daniel Altschuler York Patrick Connell Karen Buck March 26-29,1987 Kathleen Shea Justin McCarthy Moot Jerry Celluci The Docket invites all Merna Marshall Moot Court Competition Phillip C. Jessup International Law Moot James Lawlor Sponsored by Philadelphia Chapter of the Court Competition Joseph Zack members of the VLS com Federal Bar Association Sponsored by the Association of Student February 17,1987 munity to submit Guest Court International Law Societies William B. Spong, Jr. Invitational Moot Court Tournament Editorials for possible pub Maureen Lowry Michael Kotler Marshall Wythe School of Law, Williams Carolyn Moran John O'Connor burg, Virginia lication. Thomas Hughes Kenneth Tepper • February 27-28, 1987 Teams The National Moot Court Competition Robert F. Wagner, Sr. Memorial Moot Court Scott Fegley Philadelphia, Pa. (Regional Round) Competition Laurie Carroll November 19-20,1986 New York Law School, New York, New William Martin March, 1987 • THE DOCKET • Page 5 NEWS
THEGAREY The Docket HIGH SOCIAL Needs Staff Members! by Nancy Drew, Lois Lane the Golden Gun?" Inquiring peo and Marie Antionette ple, who read the valentine's on the wall (searching for a heart Person of the Month that they could call their own), Headlining this month, Mike want to know. If the flower sale S. a.k.a. Ervin. (Whom some posit is an indication of who the most is the progeny of alien beings). It popular IL is, Mary S. caught the If You're Interested, See Amy McGovem or Walter was a banner month for Mike S., bouquet. Please spread the wealth. drawing crowds and inciting riots This girl had enough flowers to Lucas or Leave a Note in the Docket Mailbox in StU' in his wake. His month of star fill the Garden of Eden. What did impressions began at Harry K's. she do — eat the forbidden fruit? dent Services. apartment where Mike was seen Unfortunately, these reporters in a world federation wrestling could not find out any info about match with Harry's roomie. the ways in which law students George P. is a great trainer, but spent their Valentine's Day and sorry Mike, Hulk Hogan you're Night. Was the library packed not (yet)!! that night or what??? What a Mike S. decided wrestling was romantic bunch. Remember, all not a good career move, so his next work and no play ... goal was to break into the world One other party worth mention of entertainment. We hear he may ing was the blast thrown by be a new addition to that Law Jamie F., Mark K., John L. and School ensemble of Void Where First-Year Oral Steve M. after Barleycorn's. No Prohibited. Even The Romantics Gianella news there. Attendance at one of would have been impressed by these blowouts should be a gra Arguments Begin Mike's harmony in "What I like duation requirement. Sage words about you." Void Where Prohibit Lecture of the night came from the mouth Continued from page 10 handling of the product, and ed has yet to talk contract with of Ross E., "nothing can happen is certainly not required to show-biz's latest crooner. were manufactured by American after four in the morning that you provide them to those who are The highlight of Mike S's. Ore & Iron Co. to be used in the won't be embarassed about when Date Set experts in the care and han month was his impromptu birth construction of elevated water you wake up." That same night dling of that product; and day bash at St. Mary's gym. tanks in Abu Dhabi. The jury those words became truth. Ro- by Esther L. Bachrach returned a verdict for plaintiff in d. where the manufacturer or Throngs of admiring fans (at least -semary P., found herself asking supplier of the product has no four) showed up to shower Mike the amount of $1,062,500.00. the perennial question, "Who is The eleventh annual Donald A. duty to guard against "mis with affection, Molsons and a that sleeping under my coffee Giannella Memorial Lecture will Issues: use" or "abnormal use" of the birthday cookie. Unfortunately, table and where did he come be held on Friday April 3, 1987. 1. Whether the trial court erred product and is not liable for The Biscuits, led by Dave W., from?" Another frustrated guy The year's speaker will be noted in submitting the case to the jury injuries caused by the "mis Harry K., Bill M., Ross E., et who disappeared before anyone criminal law expert Wayne R. on a theory of strict liability in use" or "abnormal use" of the ai. were not so pleased with the could get his name!! LaFave. The tOPKtopic of Professor tort: product, \rvc\ud\t\g, improper Ml lit • resulting from the festivities. goes out to the guy who keeps this "The Fourth Amendment Today; was hot an ultimate user or entrusts to others. New Persons column going, Jamie P., however, A Bicentennial Appraisal." consumer of the steel plate in Dates & Times of Arguments Marcus S. and spouse are he could not be reached for com question, and the steel plate Mon., 3/30 — Room 101 — 3;40- celebrating the birth of a baby. He ment. (Passed Out). The enter The presentation will be held in was still in the production 5:30 p.m. was born on Friday, February 13. tainment at this party was Mark room 29, Garey Hall, and will process; and Tues., 3/31 — Room 29 — 1:40- What a way to start! Congratu K., who was foaming at the pants, begin at 6 p.m. There will be an b. where the manufacturer or 3:30 p.m. lations from all (especially your so to speak. What was that mousse open reception immediately preced supplier has no duty to warn Tues., 3/31 — Room 29 — 4:40- Corp Tax Class). doing on the front of your pants ing the lecture, beginning at 5 p.m. of an obvious or known 6:30 p.m. These reporters understand and why were you parading in the Student Lounge. No admis danger; and Wed., 4/1 — Room 101 — 3:40- that Brendan C. also had a visit around the Penn Street party sion charge. For further informa c. where the manufacturer or 5:30 p.m. from the Stork — the second for house like that? We've heard of tion call Esther Bachrach or supplier of the product is not Thurs., 4/2 — Room 101 — 2;40- Peggy McCausland at (215) 645- he and his wife. spiking your hair, but this is required to provide instruc 4:30 p.m. ridiculous. 7053 or (215) 645-7052. tions concerning the care or Fri., 4/3 — Room 102 — 2:40-4:30 Good Sports Client Counselling Notwithstanding Kevin H's. Recently, 2L and 3L students dismal performance at the foul participated in the Client Coun line, The 2L Biscuits prevailed selling Competition. As always, over the IL Nude Body Surfers. some of the things that people say I Okay IL's, this is the last time are incredible ... Frank S., when .we're gonna tell ya' — the key to confronted with a three time -success is not in the stacks, it's I La Nova Pizza Company | shoplifting loser, reportedly ad in the SUDS. vised her to prepare for a long % 789 Lancaster Ave., Villanova <| A smashing success for the Ski vacation — behind bars. Way to Association in January, (or should reassure your client Frank! Talk we say "smashed"). This primar about keeping the customer sat event was blessed with ily social isfied, Walter L. told a rather a sunny day, great conditions (for relaxed rock star client Rick G., Pennsylvania), and plenty of beer who put his feet up on a desk to: for the bus ride home. What "Go ahead, make yourself right at started out at six in the morning Fast Free Delivery Available home." And, finally, Brian W., as forty half awake law students, with all the grace of a Philadelphia ended in a blitzkrieg in the back lawyer, asked the same client; of the bus. A fun time was had "Have you had an accident recent by all!! Congratulations to the ly — you seem to have a hard time Call 527-4330 Ingemar of Downhill, Bob K. for remembering things." putting one over-confident female Well, I Never ... Thank You For Your Patronage, CIAO!! skier in her place. (No names Boy do we have some good please). scoops to take this month out with MONDAY & WEDNESDAY 100 Days & Counting a bang (so to speak). OOPS — WITH THIS COUPON The annual party honoring the forgot, not only did all players take With this Coupon last 100 days in the company of a vow of honesty, but also a vow Buy 1 pizza any size $1.50 OFF the third year class was a typical of secrecy. Must have been some Get 2 toppings for the price of 1! SICILIAN PIZZA! cafeteria party. The only out of bad cases of cabin fever this past yuppie behavior belonged to Bret month that resulted in two trea (Not valid with any other offer!!) R. Was that dancing or the DTs? cherous games of "I NEVER." These reporters hear you make a How do you play? Gather at least habit of using the floor for your 10 (drunk) law students willing to dance partner. Does Friendly's, take the sacred vows — and then t TUESDAY & THURSDAY FRIDAY, SATURDAY & SUNDAY last semester bring back any fire away. No questions go unans Buy a large pizza wered. Dave M's. "wear your } With this Coupon memories? Probably not!! with one topping Speaking of cafeteria parties. hair funny" party was prime [ Buy 1 large pizza The Valentine's TG was also in breeding grounds for baring all. ! get two 16oz. sodas FREE!! Get one FREE liter of soda keeping with nothing out of the So was the "morning of the 99 L (Not valid with any other offer!!) (Not valid with any other offer!!) ^ ^ ordinary. However, this party's days party" at Nancy J's. In carnation sale did produce the sum, take it from two who know!! most rampant rumor of the NEVER play "I Never." You With This Coupon!! month. Who was "The Man with always lose ... your reputation!!! Page 6 • THE DOCKET • March. lS87 ' FEATURES
Students Give Legal Aid by Walter Lucas routine and they can focus on the Your nine-o'clock appointment substantive legal problem facing is already at the office when you them." arrive. Her children are crying In this their third year of and she appears to be sporting a teaching the course, both instruc shiner. "You have to get my tors have seen a pattern of com husband out of the house," she petency develop. "In the fall, implores. "I'm afraid for myself students have a lot of anxiety and the kids." Just then the about dealing with real people's receptionist hands you a letter problems," observes Lenzi. "By from the Unemployment Compen spring, they've developed the sation Board of Review. That sense of presence and demeanor willful misconduct dismissal case of a lawyer." Students are intro you won last month has been duced to clients as "legal interns" remanded for a hearing de novo working with a staff attorney. — next week. "But they're a sort of co-counsel Another day at the office? Well, with primary responsibility for sort of. The office is Delaware bringing a case along," Lenzi County Legal Aid and the "attor adds. "Clients really do look to the ney" is a student enrolled in the students for advice, and we make Villanova Community Legal Ser- every effort to refer their calls to
By Erin Kelly hastily tacked up a handwritten plaints about stress at Goldman VCLS Headquarters Students with an interest in sign with the firm's name. Inside, Sachs — the people there feed on corporate and financial law may one notices immediately that it," he noted. Pryor enjoyed work vices (VCLS) clinical course. the student working the case, be intrigued by the success of there seems to be more staffers ing with "people who were meant Unlike other law school courses, even though it might be easier if Malcolm Pryor, a law school drop than desks, more papers than file for the business" and who were this one involves a little schooling we didn't." out who co-founded an up and drawers and more ringing phones "highly motivated to make and a lot of lawyering. coming Philadelphia investment than hands to reach them. There money." "It is the sole opportunity for Second-year students, who re banking house, Pryor, Govan, is no reception area and coats are Pryor joined the firm after he students to have a truly inflated ceive two credits per semester, are Counts & Co. The firm has been piled in the closet on top of boxes completed his degree and stayed experience in the business of required to spend a half-day at the in the financial news of late of office supplies. Good natured there for seven years. He dealt being a lawyer," says Mark Kauf office per week. Third-year stu because of its participation in the apologies are made — "Sorry if with the firm's institutional in dents, who spend a bit more time, man, one of the course's three sale of Conrail to public investors, the phone interrupts us, but we're vestors and specialized in the sale instructors. "And it's experience earn three credits per semester. the largest public offering of stock trying to make some money here!" of fixed income securities. In the with messy factual situations Although second-year students in history. Federal legislation While the firm may be short on early seventies, when government that aren't boiled out in the cannot make court appearances, authorizing the stock sale required space its chairman is long on regulation allowed the creation of appellate opinions you read in they can represent clients at that minority-owned investment dreams; Pryor wants to build a money market funds, Pryor also administrative hearings — unem school." banking firms be afforded a sig "diversified investment banking got involved in the establishment Most of that experience comes ployment compensation, landlord- nificant opportunity to participate concern that is properly capital and marketing of this new invest from constant client contact. tenant, welfare hearings and the in the offering. Pryor Govan, a ized, that is international, and ment vehicle. "Students learn to deal with like. Third-year students repres black-owned firm, was selected ' that can be honestly compared to As he gained expertise in the problems of reluctance, fabrica ent clients before the federal along with five other minority- Goldman Sachs, Merril Lynch and financial world, Pryor contem Bankruptcy Court in Philadelphia tion, biases in perception and an owned firms to underwrite a Salomon Brothers." Educated at plated starting a firm of his own. enormous amount of emotion," and Family Court in Media. portion of the offering. The six Howard University, Pryor worked He was enticed by new Kaufman notes. "Sometimes, Kaufman believes that the ex firms will share management fees for Bethlehem Steel in its Indus opportunities for minority dealing with the emotions of a posure gives students not only a in excess of $7 million for the deal. trial Relations Department after bankers arising through the case can be much more difficult headstart on their non-practicing Minority firms hope that the graduation. While at Bethlehem emerging political power of blacks than discerning the facts. It law school colleagues but also a Conrail deal will showcase their Steel, Pryor attended law school in large cities. He also believed doesn't take long to learn that a hands-on feel for what they've talents and pave the way for at the University of Maryland at that he was in a unique position 'Just the facts. Ma'am' approach been studying all along. "For future deals in corporate offerings. night. The law interested Pryor, "to make a difference" in helping just doesn't work." example, a lot of ethical rules In the past, minority firms have but he was frustrated that he had blacks join the economic main The curricular theme of VCLS involves judgment calls," he successfully attracted municipal only limited time to devote to his stream by providing access to is simple: Practice makes perfect. explains. "Here students get a clients who needed underwriters studies. After two years he left capital markets. This social goal "We have a large volume of cases chance to make some of those for municipal bond offerings, but law school and Bethlehem Steel was critical to Pryor because, as so students have repeated oppor calls." They also learn things like business has not been as good in to attend the Wharton School full- he observed, "you don't leave a tunities to perfect their lawyering knowing when to object to irrele the corporate area which is dom time for his MBA. firm like Goldman Sachs because skills," says Margaret Lenzi, the vant evidence and when it's just inated by the large Wall Street At Wharton, Pryor's interests you need money." Pryor started office's managingattorney. In just going to waste the court's time investment banking houses. Pryor were in labor relations, and he the company in 1979 with two the first month of this semester and infuriate the judge, he con observes that the legislation re planned a career in that field. colleagues from Wharton. alone the 35 VCLS students tinued. "Many times, the judg quiring minority participation However, a friend who worked in Twelve hour days are standard handled 371 cases ranging from ment has little to do with the rules also has a "subtle significance" in the Wharton placement office for Pryor now, and he says that bankruptcy to veterans rights, of evidence," says Kaufman, "and demonstrating that when govern su^ested that Pryor submit a his schedule is unpredictable according to Lenzi. She estimates it's the judgment which we're ment says it will help minorities resume to Goldman Sachs, a because he must be "true to his that approximately 200 of those really getting paid for. That it will not ignore the financial prestigious international invest responsibilities." This determina involved court appearances. judgment is built on experience." industry. ment banking house based in New tion reflects his hard core belief "The repetition enables stu Although he could not comment York. Pryor ended up clerking in the work ethic. He states, "In dents to get past certain levels of Adds Lenzi: "Learning the sub on the Conrail deal because of the with the firm for part of the this business, its not what you anxiety," says Kaufman. "On stantive law is important, but the restrictions imposed by federal summer following his first year say, its what you do. Commitment their first interview after gradua practice of law is critical. I think securities laws, Pryor described at Wharton. By the time he fin means action." tion, the average student usually we'd be appalled if doctors were his background and the history of ished he knew that he had high Of lawyers, Pryor observes that forgets everything they learned in allowed to practice medicine with his firm in a recent interview. The finance in his blood. Pryor ex there is a tug of war between law school. Here we try to get the out an internship, yet lawyers can firm is located in Center City in plained that he was drawn to the lawyers and investment bankers students through that, so by their sit for the bar and call themselves what may be the quintessential highly charged competitive at in the context of a deal. "The tenth interview, many of the practitioners without any entrepreneurial office. On the mosphere of the investment bank premium is on a lawyer who won't mechanics of interviewing are practice." door to the office someone had ing world. "There are no com get in the way of a deal," he finds. March, 1987 • THE DOCKET • Page 7 FEATURES-
Moot Court Show by Scott Fegley outside competition may receive Appellate advocacy is alive and Moot Court Board sponsorship. well at Villanova. The spring Janet Hirt, Outside Competi semester affords students several tions Coordinator and member of opportunities to stand before the the Moot Court Board Executive bench and argue issues of first "Committee, has the awesome impression from contracts to responsibility of coordinating all constitutional law. nine competitions. From the pay Most students are aware of the ment of the entry fee to making Reimel competition winding its hotel reservations to scheduling way down from a hectic first practice rounds, Hirt has kept semester, and the first-year stu Villanova's teams running smooth dents, whether they like it or not, ly. Hirt scheduled an unprecedent will soon find themselves in front ed six practice rounds per team of a faculty/student bench in for this year's competitors. what may be for many their first Through her individual efforts, endeavor in public speaking. she brought together panels of However, many second and third- faculty, alumni, and even a federal year students approach the bench district court judge to question willingly representing themselves student participants in a formal and their school. The unsung competition atmosphere. heroes of appellate advocacy, they Through the diligent efforts of are Villanova's own outside com the student participants, and with petition teams. the support of the Moot Court This year, Villanova teams will Board and increased support from compete in nine moot court tour the faculty, Villanova's teams are naments in Philadelphia, New more prepared than ever before to York, San Diego, and other loca face their worthy opponents. tions around the country. Few Team members are confident of realize the amount of time and a fine showing, and, hopefully, a effort that goes into an outside trophy or plaque to be placed in competition until they participate the Moot Court Board office. Team members Martin, Carroll and Fegley. Caroline Reeves photo in one themselves. All of the problems for the spring competi tions were received last semester. Students began initial research Hot Issues on Moot Court Docket before Christmas. Villanova's outside competi state tried to coerce a guilty plea Robert Barry Mason Avrigian Outside competition teams con tions teams will be addressing from the petitioner on charges of Justin McCarthy Chris Brown sist of two oralists and an alter controversial issues before circuit possession of marijuana with Jeffrey Henderson John Corr nate. The oralists are third-year court and state supreme court intent to distribute by informing students. The alternates are Irving R. Kaufman Securities Moot Court J. Braxton Craven, Jr. Memorial Moot Court judges. They have already under the petitioner of the possibility of Competition second-year students who are Competition gone months of preparation in prosecution under the state's Fordham University Law School, New University of North Carolina at Chapel Hill members of the Moot Court Board. order to argue their points child pornography statute. The York, New York February 25-28,1987 The alternates assist the oralists persuasively. petitioner then challenged the March 9-12,1987 Continued on page 4 in the preparation of the brief and Justin McCarthy, Robert Barry, constitutionality of the state oral arguments, and must be_^ aed Jeffrey ? Henderson will be ^ statutejn federal court. tbe__ equally prepared to argue the ' travelling to the National Univer federal court rendered a final issues. sity of Law in San Diego, Califor decision, the State of Mind indict Reme The addition of the alternate is nia, to take part in the F. Lee ed the petitioner under the child a new feature to the outside Bailey Moot Court Competition pornography statute and request and the Lawn Chair? competitions program introduced from March 20-22. F. Lee Bailey, ed the federal court to abstain just this year by Janet Hirt, the himself, will be present to critique from interference in state Outside Competitions Coordina Did Brian Dailey have substan Little Brian Dailey came over and advise participants. proceedings. tial certainty that Ruth Garratt to visit Naomi because she had tor. "The purpose is to give The issues the trio face concern Fegley will address the issue of second-years firsthand experience was about to sit down in that just returned from Hawaii and the constitutionality of the ran whether substantial proceedings famous lawn chair? That question had brought back a ball for him. in inter-scholastic competition," dom testing of federal employees occurred in federal court prior to Hirt says. "Next year, when they has baffled great legal scholars Two captains chairs were or employees of private contrac the state court indictment. Carroll since 1955.1 thought it was about placed in the backyard where argue themselves, they'll already tors with government contracts will address the constitutionality be familiar with the process." time to find the answer. Naomi and Ruth often talked for use of controlled substances. of Mind's child pornography sta while they sunned themselves. Participation in an outside The question yet to be answered tute. Tc^ether, they wrote the I admit I was skeptical at first tournament is a requirement for about researching this case. I Ruth entered the backyard, at a is whether drug testing is an brief for the petitioner, but will very slow pace, as was her custom. all members of the Moot Court unreasonable search under the be required to argue both as mean, it did happen 32 years ago, Board. However, all third-year who would remember what hap She stood in front of the lawn Fourth Amendment. petitioner and respondent in com chair, spread her legs and looked students competing this spring The petitioners are a librarian, petition. They admit that arming pened? Unfortunately, Brian Dai are not Moot Court Board ley could not be tracked down. But between them to make sure the an airline pilot, and a driver for the respondent's side will be chair was still there. As she members. Laurie Carroll, a a private contractor hired to haul difficult after convincing them I didn't give up. I became even member of the team travelling to more worried, though, when I lowered herself, she continued to hazardous waste. The librarian selves, through their brief, that look between her legs till she could the William B. Spong, Jr. Invita was fired for testing positive for the petitioner was in the right. located Brian Dailey's lawyer, tional Moot Court Tournament in William Thomas, in Martindale- no longer see the chair. On her use of an illegal drug. The airline David Chavern, Patrick Con- final descent, Brian Dailey Williamsburg, Virginia, is an pilot tested positive for use of a nell, and Kathleen Shea will Hubbell, and it said that he independent competitor who graduated from law school in snatched the chair out from Ruth, legal drug, but was dismissed for participate in the J. Braxton and she plummetted to the earth, joined the team "for the additional failure to notify his superiors of Craven, Jr. Memorial Moot Court 1923. That made him at least 84 experience." Carroll feels law years old. Time to throw in the breaking her hip. his drug use. The driver was Competition to be held at the I asked Mr. Healy, "But how did school, in and of itself, provides dismissed for his refusal to submit University of North Carolina at towel. students few opportunities to you know Brian pulled the chair to a drug test. Chapel Hill February 25th But what the heck, I thought out on purpose? Maybe he was become familiar with a traditional Barry and McCarthy intend to through the 26th. I'd call him anyway. My night courtroom setting. trying to help her?" concentrate on the issue of wheth The Braxton problem involves mare came true, he remembered Brian Dailey had a complex. He Moot Court Board membership er drug testing is valid on its face. a student artist who graphically almost nothing. But he did give is not a requirement to compete was paranoid. He was the smallest They will argue that the govern depicted a self-induced abortion me the name of Ruth Garratt's child in his kindergarten class. in an outside tournament. How ment's interest to public safety and displayed it in his high school. lawyer, James P. Healy, in Taco- ever, Board members are given Everyone in the class teased him. outweighs federal employees' His action brought about a three- ma, Washington. This had to be When he stood up ior the pledge the first opportunity to select the reasonable expectation of privacy. day suspension based on a school better — Mr. Healy was only 69 competition in which they will of allegiance, the other children Barry and McCarthy were re regulation prohibiting vulgar, years old. pulled his chair out from under participate. quire to write both a petitioner's indecent, and obscene conduct or Two notable competitions are But surprisingly enough, he neath him, whereupon he fell and and a respondent's brief, and will speech. The Braxton team must remembered the case. Not only the whole class laughed at him. run independently of the Moot argue both sides in the address the question of whether Court Board. Teams for the Phillip that, he described the situation His episode with Ruth Garratt tournament. the student's constitutional rights with amazing clarity, down to the was his way of getting back at C. Jessup International Law Moot Laurie Carroll, Scott Fegley, were violated by the school's Court Competition and the Benton weather conditions on that day. society. Brian's kindergarten and Bill Martin make up Villan actions. On July 16, 1951, it was a teacher even testified at trial Moot Court Competition on Infor ova's entry to the William B. mation Law and Privacy are beautiful, sunny day. Ruth Gar about Brian's problems. But Brian Spong, Jr. Invitational Moot Court 1987 Outside Competition Teams and selected by Professors John ratt, the spinster, had finally been did not want to hurt Ruth, he only Tournament in Williamsburg, Tournaments feeling better, after suffering a wanted to embarrass her. Murphy and Richard Turkington Virginia on the last weekend in respectively. All students are Benton Moot Court Competition on infor great deal from her arthritis. This article has a sad endiqg. February. The issues they will mation Law and Privacy She had been downtown shop Ruth Garratt entered the hospital encouraged to try out for the face concern the Younger Absten teams. John Marshall Law School, Chicago Illinois ping at a nice department store, for her broken hip. While she was tion Doctrine and the constitu October 23-25,1986 where she also had tea and lunch. in the hospital, she developed a While the Moot Court Board tionality of child pornography. Dave Arnold She rode home on the bus, stop nasty case of bed sores, which she sends teams to only a limited In Doe V. State of Mind, Jill Goldman ping first to see her sister Naomi. nearly died from. She ended up number of tournaments held magazines exhibiting nude chil Tom Groshens Unfortunately for Ruth, the little penniless — she used her life across the nation each year, the dren engaged in sexual activity red-haired freckled boy from savings to pay her hospital bills. potential exists for greater school- were recovered during a search of F. Lee Bailey Moot Court Competition National University of Law, San Diego, across the street was visiting. His Lawyer to the rescue. A judgment wide participation. Students who the petitioner's home for evidence California name was Brian Dailey and he was entered in her favor for express a sincere desire in an of marijuana distribution. The March 20-22,1987 was five years old. $11,000. Page 8 • THE DOCKET • March, 1987 FEATURES
AT THE MOVIES TAKING
99 TOCK Platoon By Walter Lucas I have a warm spot in my heart the only way to boost sales volume There are films which tell a knew what they were fighting for. the tension of being faced with our — and often in my stomach — for was to give food away. McDo story and there are films which A general ambivalence towards own mortality. Only more tension. the restaurant stocks. I started nald's, for example, started cele enable one to live through an the cause evolves, along with the Ambivalence. And more tension. following the fast-food market as brating the birthday of the Big experience. Platoon is a film war, into a pointless waste of In addition to the inevitable a junior analyst when institution Mac with a 99-cent special. The which enables one to relive the human lives. Stone accents this bloody combat scenes, Stone fo al investors were still a bit queasy other chains followed suit, with horrors of the Vietnam War. message by including an omni cuses on the intense physical about sullying their then oil- coupons, scratch-off card games present intra-platoon feud be discomfort which the men expe dominated portfolios with what and other giveaway gimmicks. Writer-director Oliver Stone tween the two sergeants, Barnes rience as they become acclimated they considered "greasy spoon" Even local supermarkets started (author of the scripts of Midnight (Tom Berenger) and Elias (Willi to the swampy leech ridden jungle. companies. printing register tapes with cou Express, Scarface and Salvadore) am Dafoe). Eventually, the platoon In one particularly resonating But the handwriting was on the pons for the local burger pit on is himself a decorated combat becomes divided into two factions scene, Chris' shirt becomes infest wall. Growth prospects for fast the back. veteran of the Vietnam War. He and the men become more ab ed with carnivorous ants while food chains were limitless in a Then the war escalated globally. recreates his own personal expe sorbed with this internal struggle trying to catch sleep between two-paycheck society, which All the major chains either form^ rience through the character of than with the war around them. guard duty. The platoon also ' valued its leisure time as much international subsidiaries or took Chris Taylor (Charlie Sheen), a Platoon stands above and engages in night long hikes if not more than its work time, on foreign trading partners. Not college drop-out sent into combat beyond other films recounting the through waist deep water which and found it preferable to eat out content to rest their earnings on in 1967. Through the course of the Vietnam War because it focuses has flooded the jungle only to be as often as possible. Rare was the the laurels of a loyal individual film we trace Chris' enlistment, strictly on the war itself. There welcomed with a shower of enemy industry that could match the consumer market, the fast-food observing his metamorphosis are no diversions to homecoming ammunition. unit growth pace set by these junk chains began battling for the from a patriotic, freedom fighting . scenes and rehabilitation into Platoon provides both a disturb food purveyors. Then, about the captive institutional market — youth to a hardened survivor, who America. Like Chris, we are in the ing and enlightening look at the time the golden arches announced military commissaries, hospitals, no longer knows what he is Vietnam War. It is a masterly that McDonald's was selling over college cafeterias and the like. At fighting for. middle of Vietnam and cannot leave until we have put in our crafted work of art which took a billion burgers annually, satu the same time, their menus got The movie is brilliant for it time. And like Chris, we live each Oliver Stone ten years to finally ration (no pun intended) set in. healthy. Wendy's started serving focuses on the overall sentiment day only hoping to survive until finance. Mr. Stone, this has cer Remember the Burger Wars? whole-grain buns, and guess that after a while, no one really the next. There is no release to tainly been worth the wait. For a while there, it seemed like who's been quietly test-marketing McSalad, ready to roll out na tionally later this year? What better way to remember your wedding anniversary Why all the marketing shenan than to get married on Valentine's Day? That's what igans? Probably partly because the market did have a saturation couples have been doing for eleven years now in the point on the horizon. Also partly chambers of Philadelphia Common Pleas Judge Goodheart. because traditional consumer This year was no exception. demand was giving ground to household technology — video cassette recorders, microwave avens and the like. ». nil ft home, watching the VCR and popping frozen food into the microwave seems to be peeking out, according to Barry Ziegler, food stock analyst at Tucker, Anthony & R.L. Day, the New Caroline Reeves photo York brokerage house. As a result, he has turned positive on the restaurant stocks despite Wall Street's negative outlook on earn Tort Reform Panel ings growth prospects for the industry. Ziegler argues that the Continued from page 1 of taking a position is wrong," restaurant industry should see an said Parker. "It legitimizes the uptick in business, based on mended that the excesses be insurance industry's claim that greater numbers of people eating corrected, not to change the sys something really is wrong with outside the home now that some tem as a whole," he told the the civil justice system. We don't of the novelty of state-of-the-art symposium audience. think there is." household gadgetry is starting to Notably, the commission did Parker further suggested that wear off. not recommend a cap for pain and the whole notion of tort reform is What's more, he envisions a suffering: rather, it urged greater skewed toward defendants, not tapering off in restaurant capacity judicial control over such awards plaintiffs, rights. "Reform is a growth and a lower industry tax by liberal use of the power of euphemism usually for someone rate for this year and next. Ziegler remittitur. "What the commission seeking an advantage," he said, points out that new restaurant did recommend was some limit on alluding to the insurance openings now seem limited to recovering punitive damages, industry. replacing out-of-business ones, unless there is an intentional or Prof. Edward White, a legal thereby stabilizing overall market reckless disregard of a plaintiff's historian from the University of capacity. In addition, he notes rights. "The standard of proof Virginia, agreed that any tort that while loss of the investment should be higher than ordinary reforms will clearly benefit de tax credit hit restaurants partic negligence," McKay explained. fendants rather than plaintiffs. ularly hard in 1986, they should His commission also recom That in itself presents a first in have lower corporate tax rates in mended that punitive awards be the history of legal reform, he 1987 and 1988. shared by plaintiffs, their attor said, noting that past "radical" Underscoring his contrarian neys, and that some be allocated reforms of this century — workers stance, the analyst has upgraded to "public purposes" as a deterrent compensation, strict liability, Pillsbury, McDonald's and Sho- effect on wrongdoing. Perhaps the comparative negligence and no- ney's South to his buy list. most controversial recommenda fault — benefitted plaintiffs. Pillsbury derives 55 percent of tion adopted by the ABA was to White warned that if tort reform its earnings from its restaurant impose controls over attorneys' serves to benefit insurance com chains — Burger King, Steak and fees. McKay said he believes panies at the expense of injured Ale, Bennigan's, Godfather's Pizza courts should discourage taking plaintiffs, juries may perceive it and Quick Wok. He figures that contingency fees out of plaintiffs' as morally wrong and find ways Pillsbury stock, presently hover gross awards; rather, fees should to make "end runs" around any ing around $39 a share, could be be taken out of net awards. "That reforms. selling at $50 a year from now. way, if legal expenses are high, If tort reform is to come about, Ziegler has yet to formulate a plaintiffs have something left over it will have to be via the legislative price appreciation target for for themselves," he explained, route, said Prof. Richard Turking- McDonald's, which is trading noting that the average plaintiff ton, who assembled and chaired around $68 per share. He esti receives only about 46 percent of the symposium panel. That's mates, however, that Shoney's a tort recovery. because the court's philosophy is South will be selling at $20 per The trial lawyers association's a non-interventionist, "hands- share one year out. The stock is Parker said he was troubled by the off" approach to economic policy, presently hovering around the $14 ABA position paper, which will be he explained. Turkington's paper level. Not too shabby appreciation sent to state lawmakers and on the developing constitutional The Yearbook will be delivered on May 15th. Orders will be potential for an industry that not members of Congress, who will be ization of tort reform will be too long ago used to get no respect. taken until March 20th. The cost will be $20 per copy. There voting on tort reform legislation. published in a future Symposium is a fee of $2 for name embossing and $2 home delivery. Sorry Rodney, but you don't "Taken as a whole, the psychology edition of the law review. deserve a break today. March, 1987 • THE DOCKET • Page 9 100 DAYS 100 Days Party Held Page 10 • THE DOCKET • March, 1987 MOOT COURT
First-Year Moot Court Topics Announced
State V. Keaton November of 1980 for acute anx related to her mother's ingestion Colby Oil Co. of Penna. v. This year's new crop of L^al Gates writing instructors under the direc Argument Schedule iety and depression. One conse of DES when she was pregnant Wed., 3/25 — Room 102 — 5 p.m. quence of Dr. Fields' anxiety was with plaintiff. It was not until Facts: Plaintiff/appellee, Colby tion of Prof. Louis Sirico, have Oil Co. of Penna. ("Colby") seeks come up with 12 brain-teasing Wed., 3/25 — Room 102 — 7 p.m. that his hands shook uncontrol June 7, 1984, that plaintiff was Thurs., 3/26 — Room 103 — 5 lably. On January 15, 1981, Dr. informed of her exposure to DES. to enforce restrictive covenants appellate cases for first-year advo contained in the employment cates to ar^e. Although all the p.m. Fields diagnosed plaintiff, Mrs. On that same date, plaintiff was Thurs., 3/26 — Room 103 — 7 Thompson, as suffering from diagnosed as suffering from prim contract of Lloyd J. Gates parties are fictitious, their problems ("Gates"), a former employee. are drawn from real-life issues that p.m. congestive heart failure and sche ary infertility, severe cervical Fri., 3/27 — Room 103 — 3:30 p.m. duled surgery for March 10,1981. stenosis and endometriosis of her Colby manufactures, markets and have yet to be well settled. They distributes petroleum and petro should make for some very inter On January 20, 1981, Dr. Fields left ovary. She was informed that esting arguments. Schultz, Sections A-1, A-2, A- informed Dr. Samuelson that he all of these conditions were caused leum related products. Gates was 3 was going to operate on Mrs. by her exposure to QES. Plaintiff employed by Colby as a salesman First Year Moot Court Thompson and that he would not instituted suit to recover for these from 1972 through February 1986. Issues/Times be able to i^rform the surgery conditions on March 21,1986. He serviced nearly 300 customers Insurance/Agency — (New competently if his hands were still Issues: in a territory covering Philadel Jersey case) — The appellees shaking. On March 9, 1981, Dr. A) whether, under Virginia law, phia, Bucks, and Montgomery are Ralph and Alice Kramden, Fields performed surgery on Mrs. plaintiff, who is unable to Counties, Pennsylvania, a portion who sued appellant Thomas Jef Thompson under emergency con identify the manufacturer of of central New Jersey and Wil ferson Insurance Co. for benefits 1. Defamation — The director ditions. Dr. Fields damaged sev the DES ingested by her mington, Delaware and its sub under their group health insu of a state beauty pageant sued a eral nerves, leaving Mrs. Thomp mother, should be allowed to urbs. In February of 1982, Colby rance policy. Mrs. Kramden did cable station for reporting that he son with chronic numbness. recover under the Market and Gates entered into a written not read her health insurance sold trips intended to be given to Issues: Share theory of liability. employment agreement in which policy but relied on coverage pageant contestants and that A) whether, under Maryland B) whether, under the applicable Gates covenanted not to compete information given her by Mrs. several ambiguities surrounded law, there is a cause of action Virginia Statutes of Limita with Colby following the termina Trixie Norton, a school district the judging at one hastily resche against a psychiatrist for tions, plaintiffs action did tion of his employment for a employee whose office was located duled pageant. The issues are failing to warn an intended not accrue until she disco period of two years within a 150 at the insurance company's offi whether plaintiff is a public figure victim of danger from one of vered that her injuries were mile radius of Philadelphia. Gates ces. The two issues are (1) wheth and whether particular state the psychiatrist's patients. caused by DES. also covenanted not to disclose er Mrs. Norton was a company ments made during the cablecast B) whether, under the informed Times: Colby's customer list. In March agent with authority to bind the were capable of a defamatory consent doctrine, a doctor has Mon., 3/16 — Room 29 — 3:40 p.m. of 1986, Gates commenced em company to her assurance despite meaning. a duty to inform his patient Mon., 3/16 — Room 29 — 7:00 p.m. ployment as a salesman for Bell her employment situation and (2) of factors that affect the Thurs., 3/26 — Room 29 — 3:40 Service Co., a Colby competitor. whether Mrs. Kramden should doctor's ability to perform p.m. Issues: have read her policy rather than Times: surgery competently when Mon., 3/30 — Room 29 — 3:40 p.m. I. Whether the plaintiff has a rely on Mrs. Norton's Thurs., 3/19 - Room 30 — 2:40 the surgery is performed Wed., 4/1 — Room 29 — 3:40 p.m. right to a preliminary injunction. information. p.m. under emergency conditions Henry, et al. v. Farmer, et al. A. Whether the restrictive coven Wed., 3/25 — Room 102 - 2:40 but the doctor has known for Facts: Zachery Henry, conserva ant contained in the employment p.m. two months that he won't be tor of the estate of Quentin Henry, agreement is enforceable as a Thurs., 3/26 — Room 103 — 2:40 able to operate competently. and Paul DiGiacomo appeal from matter of law. Kramden v. Thomas Jefferson p.m. Insurance Co. Times: an order affirming the grant of 1. Whether the covenant is an Mon., 3/30 — Room 103 — 3:40 Tues., 3/17 — Room 29 — 12:40 summary judgment in favor of cillary to the employment Argument Schedule p.m. Mon., 3/16 - Room 101 — 7 p.m. p.m. defendants/appellees Darryl agreement. Tues., 3/31 — Room 103 — 3:40 Tues., 3/24 — Room 29 — 12:40 Farmer ("Farmer"), Esquire and 2. Whether the covenant is sup Mon., 3/16 — Room 103 — 5 p.m. p.m. Tues., 3/17 — Room 103 — 5 p.m. .m.. the law firm of Overburing, Un- ported by adequate^, Tues., 3/17— Room lOT— 7 p.m; "ctius
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