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The Justinian Volume 1980 Article 1 Issue 2 March 1980 The uJ stinian Follow this and additional works at: https://brooklynworks.brooklaw.edu/justinian Recommended Citation (1980) "The usJ tinian," The Justinian: Vol. 1980 : Iss. 2 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1980/iss2/1 This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian "To a ma n possessed of the higher imaginative powers, the objection to legal studies is the amount of detail which they involve . S till, it is a great pur sui .." (Mr. Micawber in David a usttntu Copperf ield) VOL. XL FridilY, March 14, 1980 No. 7 National Team Selected Berger, Christ Det~il ERA Ratification Drive By CHRISTINE MALLOY fect two years after the date of ratifica In New Jersey, if a husband dies and tion. leaves no will, title to aU real property It is one of the shortest proposed in his name alone, including the family amendments on record. It simply calls residence passes to the children rather for an ~nd to any form of legal di scrim than the wife. ination based purely on a citi zen's sex. In South Carolina, a husband can It has no effect on the previously make a will excluding his wife com established Constitutional rig ht to pletely while he can leave one fourth of privacy so it will not interfere with his estate to his mistress and his il family relationships. Nor will the ERA legitimate children. At the same time, mandate unisex toilet fac ilities , as the wife can forfeit the right to take some mi sguided but vocal opponents under a will if she's guilty of any "mis would "have us believe . conduct." The ERA was first introduced in In Alabama, a man who intentional Congress in 1923 a nd every year since ly kills his wife cannot be convicted of then until it was passed by the House in homicide, only of manslaughter which 1971 and by the Senate in· ) 972 by over The National Moot Court Team for 1980-81 was selected on February 27. From bears a significantly less severe penalty whelming majorities. However, in or left to right: Carrie Teitcher, Elliot Schaktman, Susan Sternberg, and alternate (one to ten years). der for an amendment to become part Sidney Dvorkin. These are only a few examples of the of the Constitution, it must be ratified injustices that are embodied in state by three fourths of the state legisla laws today. These and others were pre tures. sented to 50 Brooklyn Law School As of today, 35 of the necessary 38 Where To Go and What To students (men and women) Tuesday, states have ratified the ERA. Three Feb. 26 by June Christ, Chair of the more must ratify it by June 3D, 1982. E RA Task Force of NOW - New York The states which have not ratified it Do at Criminal Court State. Prof. Margaret Berger acted as are: Alabama, Arizona, Arkansas, legal expert. Florida, Georgia, Illinois, Louisiana, By RICHARD P Erry pre-hearings are conduc ted in the trial Ms. Christ began the E RA Update Mississippi, Missouri, Nevada, North Part One: 120 Schermerhorn Stre, parts prior to jury selection. Often by reading the proposed 27th Amend and South Carolina, Oklahoma, Utah, (Criminal Court Building) these hearings turn out to be the most ment. It states: and Virgi nia . Ms. Christ noted that One of the advantages of attending crucial stage of a particular trial. An I. Equality of rights under the law these are largely the same states which Brooklyn Law School is its proximity indictment may be dism issed or a plea shall not be denied or abridged by the blocked the Civil R ight Movement to many state and federal courts, most taken depending on whether certain United States or by any State on ac and in particul ar the l.9th Amendment within walking distance. In the hope evidence or statements are ruled admis count of sex. (granting suffrage to women). Missis that students may avail themselves of sible or not. The case law developed II. T he Congress shall have the sippi to this day has not passed the) 9th the opportunity to observe the func out of these hearings ,has given ri se to power to enforce by appropriate legis Amendment. tionings of these sites of future income the nomenclature for the vari ous pro lation, the provisions of this article. The original deadline, March 30, producing activ ity, we will provide sug cedings, thus "Huntley" hearings Ill. This amendment shall take ef- continued on page 5 gestions for the most productive use of (statements), " Wade" hearings (iden time. ti ficatio n), and "Sandoval" hearings Ma ny of the COUrl pari at ) 20 (past criminal record). Schermerhorn Street are devoted to The student who observe the pre calendar-type activity fo r the myriad of trial hearings and ret urns for the trial is cases awaiting di position. Such ac in a unique po ition io ee how the out tivities include assignment of counsel, come of a trial i affe ted by pre-trial bail motion, arraignments, plea bar procedures. All intere ting exercise is gaining, and selling return date. for the [udent to assume mentally the ually anything of interest is done in role of the various participants a a bench conference, out of the audi their strategies unfold. The advocates' ence's earshot. The balance of activity behavior during hearing, before a consists of waiting, and this i usually judge, can be contrasted with their de be t left to those who get paid for it. meanor in selling their ca e to a jury. We assume little tudent intere t in the This function of an attorney a per calendar part and ugge t avoidance. former cannot be taught in choo!. On J anuary 2, 1980, the upreme Finally, it is suggested that one not OUrl parts at 120 chermerhorn were anticipate a great a mo u nt of court realigned to provide for two parts room activity on Friday afternoons, (called complexes) to do all the calen the day before a holiday, or lunch dar work and twelve part to do only times. Prime viewing time are from 10 felony trials. When as ca e is moved to am to 12:30 and from about 2:00 until trial it is sent to one of the e twelve 4:30 pm. part . T hese active trial parts are on the H opefully, a positive exposure to econd floor (part 19), third floor courtroom acti ities will not only (parts 2 1, 23, 25 , a nd 26) fourth floor prove rewarding when we must eventu (part 30) and the tenth floor (paris 20, all y go to court but will provide a rich C ROWD SCENE . Due to the illness of Prof. Robert Habl, Prof. Leon Wein Published22, 24, 27, by28, BrooklynWorks, and 29). 1980 er under tanding of cour es and case now teaches Property II to combined sections 1 and 2 in the smoking room of the 1 Once a fe lony case is moved to trial, now being tudied. li brary. The Justinian, Vol. 1980 [1980], Iss. 2, Art. 1 International Year of the Child , Who's Watching' the Kids: Tt-tEf StOry, of The following article is the fourth in the open prison courtyard where their predict the treatment her child would welfare has checKeo out the new living a series dealing with children and the mother has spent most of the day get during those eighteen months. arrangements. law. The author's opinions are, of watching other women greet their Arlesha was taken t a local hospital It's hard to find out how many wom course, her own and do not necessarily children. Johnnie and Billie Taylor run to give birth and immediately returned en are in situations similar to that of reflect the views oj 'Justinian. For up to hug their mother. The embrace is to the prison: But soon after that birth Arlesha. Prison officials are not cur various reasons some names have been brief. After all Bertha wants to see if the baby began a series of visits back to rently required to maintain statistics on changed. her children have changed since she the hospital. She was a frail baby; early the number of women in prison who By SUSAN M. KARTEN saw them last. on she suffered a staph infe'ction. Later have children and where those children Bertha Taylor's kids have been Two benches down from the Taylor she had to be treated for radiator are. Neither is the Department of waiting for two hours to see their family sits Arlesha Davis. She remem burns. Nobody seemed sure how the Social Service. But a 'generalized pic- mother. Family Day at Bedford Hills bers the first time she saw her child in burns happened. Arlesha couldn't be ture can be drawn. ' . Correctional Facility is rare enough to prison. It would be tough to forget the with her child all the time. Most prison mot)1ers are single and make the wait worthwhile. It's true day the child was born. Shawanna the sole guardian of ' their children. that this isn't the only occasion that won't be coming back to her birthplace At night the mothers are locked in There aren't many options open for a they can see their mother, but Family today.